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Ordinance No. 78-42 CITY OF TIGARD, OREGON ORDINANCE NO. 78—_� ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY ARROW HEATING FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 3BB, TAX LOT 100, FROM "R-15" to "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTI14G EXHIBIT "A" , 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 "R-15 Single Family Residential and further finding that prusuant 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 June 6, 1978, 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: 1. That the application is in conformance with the Urban Low Density Residential designation of the Tigard Community Plan 1971, and 2. That the proposed zoning is compatible with the surrounding neighborhood. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of 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 13.20 (Sina.le 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. 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 ote of all Council members present this day of , 1978, after being read two time. by number and title only. Recorder - City cS Tigard APPROVED: By the Mayor this _2(, day of L��e 1978. Mayor - City of Tigard Page 2 bRINANCE NO. 78- _ a ZC 7-78 FxAlbi� �•�1 " DESCRIPTION PARCEL I: A tract of land in the Northwest quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning at an iron pipe which is South 890 58' Fast 660.25 Feet and r South 0o 28' West 449.51 feet from the Northwest corner of said Section 3, which point is also the most Easterly Southeast corner of Tract C, BROOKWAY, a duly recorded plat in Washington County, Oregon; 'thence South 830 27' West along an Easterly Boundary of said Tract C, 101 feet, more or less, to an angle corner; thence South 10 34' 40" West along the Easterly boundary of said Trdct C 116.65 feet, more or less, to a point on the Easterly boundary, which point is also the Northwest corner of Lot 10, LAKE TERRACE, a duly recorded plat in Washington County, Oregon; thence South 880 25' 20" East along the Northerly lot line of said Lot 10 to the Northeast corner of said Lot, 190 feet, more or less; thence South 010 34 ' 40" West along the Easterly lot line of said Lot 10 and continuing along the Easterly lot fine of Lot 9, to the most Northerly corner of Tract A, LAKE TERRACE, 136 feet, more or less; thence South 660 32' 31" East along the Northerly boundary of said Tract A to the Northwest corner of said tract, 250.72 feet, which point is also the Northwest corner of Lot 11, LAKE TERRACE; thence North 690 25' 22" East along the Northerly lot line of Lot 11 to the most Northerly corner of said lote 94.11 feet; thence North 220 42' West 553 feet to an iron pipe; thence South 820 .14' Nest 257.98 feet to the point of beginning. to " 20!•,.100 5000 (0 4900 V y p 80 , C�, � Y`e/ MAP 50 4151 Z_ 77 7_7N 800 40' v -716 II g t�o Yp 52 m A 6400 3A o loo `y 111 -N 0 5300 TRACT C o 5 "53:Ld 7 as > -5400 a� z [I'N.5T ®�w�Q Z . 1_..A,.!m54 oa w \lloo1Al PT. v titin E• 8200 10 v a"0 190 V) 8100 /! a- c) b r o N 0 9 po " 2Cx+0 4 20 t4t4 F 8 b 80 Wn ..� 8300 '� N 0 N 101.85 ��� 'kf 8400^ - W N e90 25 20 W'a M '~ in n M 19000 V o as O N 17 '1 A7ma /�' T g h M 0 - NAS o � r-� f � � r os 69. 20 6 z F!&! 23 05 w N BS025 20"wr •� 1u J 76.70 b�' BROOK,-CT n �� 18755 nNi 8500 2G v SON BROOK,-CT. TRACT 0 v 7900 2.697 Ac.c. 12 75. N©n'25 20 wt �pq�.9 k B Zk 2O �- 7 O ch (L AK.�,� .4:;. td El1023'05"y! A 1300 m ,0 o ' 1 L !+ 670 a 0 8600 20 2 o a - 0 f T .T5 Ac � y � 173.Gf. f ) i� 1400 Z 7800 W. r r' 1*� T1 r_' I� w ,3 I 14 96.70 _ `� `J o = NNe9025.20"W o' m 6 7 IES Z o + w 1200 0 "� 8700 us.t p 'S'04 o . 6800 x e e r� h mN ;2 7700 '; . `rye ��. 14 Innb w ,`T .76 Ac. 109.13 1102 0ti O O 5fl 81023'05..wr ry S 876 3a's 11 f ti' m g 0 ow O 102- pQM 96-`'_- ? 7(}OQ. %' MINUTES TIGARD PLANP NG COMMISSION June 6, .1978 PaSa 6 . 4 ZONE CHANGE ZG 7-78 (Arrow Heating) NPO 7 A .request by Arrow Heating Co. inc. Fora Zone flap Amendment from R-15 to R-7 for a 2.4 acre parcel at SW 124th north of Lake Terrace and adjacent to Jack Park(Wash. Co. Tax flap 2S1 388, Tax Lot 'l Lot 100) . C A. StafF Report : Read by Laws. B. Applicant' s Presentation.: Bill McMonagle had no problems with the staff report. C . Public Testimony}:: None D. Staff Recommendation: Based on Findings of Fact and Conclusionary Findingsstaff recommends approval. E. Commission Discussion: '.food moved for approval based on staff findings. Sakata seconded. Vote was unanimous. 5.6 VARIANCE V 3-78 (Arrow Heating) NPO 7 A request by Arrow Ueating Co. for a variance to the street standar d of the Tigard (municipal Code in a R-15 zone for a 2.41 acre parcel at SW 124th north of Lake Terrace and adjacent to Jack Park (Wash. Co. Tax Map 251 3BB, Tax Lot 100). A. Staff Report: Read by Laws. B. Applicant' s Presentation: Bill McMonagle, no problems. C. Public Testimony: None. D. Staff Recommendations: Staff recommends approval. E. Commission Discussion: Wood asked about the flood plain Popp asked iF iL irlclu[iUd the sidewalk deletion. Laws stated the Width of right of way, pavement and sidewalks would all be heard tonight. Wood moved approval. Sakata seconded. The vote was unanimous. s 6. OTHER BUS'_'NESS Wood was concerned with Art Lutz's reputation for P.D. development ST ►II.F REP ^!' . AGE-NDA 5.4 TI{LARD PLANNNINIG CO`.NISSION June 6, 1978 Fo;vler Junior Itig•h School - Lecture Room 1.0865 S.W. t1'alnut - Tigard, Oregon Docl:et : Zone Change 7C 7-78 Request : For a zone map amendment from R-15 to R-7 Single Family Residential for a 2.4 acre parcel. Location: S.W. 124th Street north of Lake Terrace and adjacent to Jack Park (t'r'ash. Co. Tax Map 281 3BB, Tax Lot 100) . Applicant: Arrow Heating I . Findings o F Fact : 1. The site is designated "Urban. Low Density" on. the Tigard Community Plan, 1971 -and NPO #7 Draft Plan and currently zoned R-15 Single Family Residential.. 2. The majority of the site is lo`,,,, marshy land, lying below the earthen dam which forms the pond surrounded by the Lake Terrace subdivision. The site is surrounded by single family homes and dedicated greenway to the west. 3. Water service is available to the site from the Tigard Water District's six inch line in S11' 124th. Sanitary sewer service is available via an eight inch line. which traverses the property. 4. Access to the site is available via SW 124th Street. This will require crossing over a portion of the' dedicated greenway. The City Council at the a.pplicar.t.'s ' request has agreed to allow the construction of a public street across the greenway. ' IT. Conclusionary Findings: : f The proposed R-7 zoning district is compatible with the surroundingzoning and Urban Low Density Residential designation of the Tigard Community Plan, 1971. Ill . Staff Recommendation : Based on Findings of Fact and Conclusionary Findings staff ; recommends approval. s I x-h, 11A_R1Z1S-A1.CA10�,kcii r ASSOMATFS E NU IN 1•.X.Its-9U ItV I.YOUS 5905 S.W.CONUMERCIAL STREEIT TI(JARb,OREGON 07223 Tk:I.I:YiIONI•: (503) 6:19-3453 March 13, 1978 City of Tigard Planning Commission Tigard, Oregon 97223 Fasano requirement - zone change application data: 1. The subject property is know as Tax Lot 100 on Tax Map 2S1,3BB. This parcel is presently land locked as it has no connection to public roadway. This is an extraordinary condition that does not apply to other properties in the same vicinity. The dam within then Lake Terrace subdivision has pre-existed for approxi- mately 40 years. The lake provides a much needed storm detention system for the upstream drainage basin. The drainage course through the property and the topo- graphy is such that the buildable portions of the site are restricted to the extent that a degree of modification must be done in the land use to make this land productive for the use for which it is permitted. 2. Because of the access problem, it is felt that to preserve the property right of the applicant that the lot size should be varied to a minimum of 8,000 sq. ft.. It should be noted that the overall lot density within the site at R-15 use would be 7 lots, but under our proposal there will be only 6 new lots. The pre-existing lots 8, 9 and 10 of Lake Terrace will be replatted in the proposed Lake Terrace #2. These three lots will be no smaller than 15,000 sq. ft.. 3. We feel that this request is the minimum from the provisions of this title and does not sacrifice any basic intent of land use under this zone. It will provide unique lots within an area where development has already occured and makes use of the urban services to a fuller extent. 4. The authorization of this zone change will not be detrimental or injurious to other adjacent properties and is in conformance with the City's housing plans and policies and comprehensive plan. 5. The zone change requested is not for a change of type of land use, but is instead for the maximum utilization of the site without impairing the basic natural features of the site. ;j Harris-McMonagle Associates Fasano requirement Page 2 3/13/78 6. The impact on the adjacent properties will be less than if the property were developed at it's present R-15 zone and the natural features modified to accomplish this. We feel that the natural features of this site must be considered as to the impact on adjacent properties. 7. The public services of sanitary sewer, water systems, police pro- tection, utilities, streets, parks, schools and public transportation are all existing and able to serve the proposed development. W McMonag e arris-McMo ates t i c