Ordinance No. 78-56 CITY OF TIGARD, OREGON
ORDINANCE No. 78-
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. MARTIN
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EGGERT FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING
ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUiV1x TAX MAP �
ZSl 35CA, TAX LOT 1500, FROM "RU-4" TO "R-7" SINGLE FAMILY RESIDENTIAL AND
ADOPTING EXHIBITS "A", "B", & "C", GRANTING THE APPLICATION AND FIXING AN
EFFECTIVE DATE.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: 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 its a public hearing held by the Tigard Planning
Commission on August 1, 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 applicant is in conformance with the Urban Low
Density Residential designation of the NPO #2 Plan, 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
�enduae�ct of the Tigard 'Coning Map of 197Q to zone those lands described in
the attached Eiahibit "A" for Single Family Residential (R-7) use is hereby
approved, subject to the provisions::of Chapter 18.20 (Single Family Residential .f
Zones) of the Ti,aard Municipal Code so embodied in or exhibited by the documents. 3
submitted and identified as follows: ^`
EXHIBIT /1A": Legal Description
EXHIBIT "B": Staff Report
EXHIBIT C": - Site Plan
And further subject to the following condition:
1. That the applicant either file a non-remonstrance agreement
with respect to an Z.I.D. (Local Improvement District) if
street is dedicated or make a half street improvement to
' .:either/or both S.W. 97th Avenue & Greenburg Road.
Section 3: This ordinance shall be effective on and after the 31st day after
Its passage by the Council:and approval. by the Mayor.
t
. ZC 20-78
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PASSED: By (Anan,mores vote of all Council members present: this
�h day of1978, after being read
two timcs by umbe�7r--dlnd-title only.
I T,
R corder - pro-tem
APPROVED: By the Mayor, this -25Th day of , 1978.
00,
Mayor
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PAGE''2
z20-78
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ORDINANCE No. 78-56,
.:i .Frks de'ad,"B.iw.'.-. ..
A SCHEDULE A
DaieAt R-11f1 A_M.
Amount S 28,000.00
t�ugust i, 1976
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INSURED
-- ---iL RTIN F. EGGERT andCOLLEEN C. EGGERT—_—
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The estate or interest referred to herein is, at the date hereof, vested is-----MARTIN F. EGGERT and
COLLEEN C. EGGERT, as tenants by the entirety,----- t
The land referred to in this policy is described as
i3cJi:i2ing Sts. an iron pi n O?1 tha tom tit i7 n? of Lot 7 ofG`'.FtE'd'33':G
F3.EIGsi.Ts, V ashingto;2 :ouZty, Ore"CjWl, Sfaut 70 02' est 293 feat a
nd
u�° 3�1° '-.J.est feet �, ri,i f70iili O'er said St:`IJd Jisloli;
,: .l es frOl: the ini '
GG tr
JL 0 - ootZitEroan-
� sa
e South ('° 02' �
Wii �r?1 t',e z�iat or sail `?-,VBNEET_ G LisIGHTS 332. feet to a
pOZilt Gil the 50+ �'1Liit1 line of said Lot 7 i th" Cv11 enter Of 'Ctl� County
110od, from Which Point an iron pipe bears Ztor '1 00 02' East 51.7 feet;
i??et1Ce i�OrC�l 71° Uo° f ester. c�.�t2zi� tilu� 00ui.l1 line Gi s(31.+'i Lot 7i and in
�
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tl.e center of said road 127.35 ;C.��^� to a ilOz=sL Lt. yroa:. r.•ilicil an iron na.pe
bears -z%dorth 00 02 East t 31.7 Feet; thence 1.1forth 00 02' East parallel
39ih. ti2"'c East line of said Lot 7 a distance of 340.2 feet to an iron
rive on the Zvorth. :Line thereof; -thence North 89° 34_" East along said
ijort-v line 120.55 feet to the place of beginning. EeCCEPTIaG that
portion thereof conveyed to 1'tilliam F. Furber, et wc, by deed recorded
August 19, 1948, in Boor. 288, Page 121, Deed Records---------------------
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2 GF POLICY X37, J'` J JJ
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t STAFF REPORT
Al'enda 5.2
TIGARD PLANNING CiiLL%tISSION
August 1, 1975
Foc•;2er Jr. High School - Lecture Room
10865 SW Walnut Street, Tigard, Oregon
DOCKET: Zone Change ZC 20-78
REQUEST: For a zone map amendment from RU-4 "Washington County" to R-7
"Single Family Residential" for a .41 acre parcel.
LOCATION: 11450 SW Greenburg Rd. (Wash. Co. Tax Map 1S1 35CA, Tax Lot 1500)
APPLICANT: Martin Eggert
1. Findings of Fact:
A. The site is designated "Urban Low Density" on NPO X12 plan
and is currently zoned Washington County RU-4 (Urban
Residential).
B. The applicant is requesting the application of the City of
Tigard zoning ordinance to a .41 acre parcel, annexed
July 15, 1978.
C. City of Tigard Ordinance 78-21 (April 24, 1978) 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.
P;
} II. Staff findings and observations:
occupied A. The
site is currentlyied b a single family- residence
P Y
and two storage buildings. The lot is currently bounded by
single family dwellings on the N, E, S and W sides. To the
SE across Greenburg Rd., the land is designated Urban Medium 6
den5i'dy and zoned A-2. The land to the West of the lot is
designated Urban Medium density in accord with NPO #2.
B. Water service is available to the site from the Metzger
Water District's 6" line in Greenburg Rd. The existing house € `
is served by USA's 8" Sewer. r
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C. SW 97th Street is a private drive with no right-of-way, but
could be useful in later redevelopment as an access road to
the lot in question, and neighboring parcels. Greenburg Rd.
is designated as a "collector" Street, requiring 60 ft. right-
of-way minimum. Currently there is a 60' right-of-way. At
this point, Greenbur Rd, is in substandard condition, with no
curbs or sidewalks.
STAFF REPORT (Page 2)
ZIT. Conclusionary 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 assume consistency
throughout the City.
B. The proposed R-7 is compatible with the surroundin ; zoning r
and NPO #2 plan designation of Urban Low Density, `
IV. Staff Recommendations:
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Staff recommends approval subject to the following conditions: r
1. That either a non-remonstrance agreement with the LID or a
half-street improvement dedication be granted in order to
provide future access. The applicant should work with the
City and County to determine the most effective procedure.
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MINUTES '
TIGARD PLANNING CO.pV41SSION
August 1., 1978
Fowler Junior High - Lecture Room
10865 S.Ul. Walnut St. - Tigard, Oregon
1. Call to Order:
The meeting was called to order at 7:40 P.M.
2. Roll Call :
Present: Speaker, ROssman, Corliss, Quimby, Wood,
Smith, Tepedino
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Absent: Brian
Staff: Howard, Mackenzie
Others: Mayor Bishop
3. Approval of Minutes:
The approval of minutes of July 25, 1978 were postponed
until August 8, 1978 in order to give Commission time
for review.
4. Communications:
None
D. Public Hearings: f
1 5.1 Zone Change ZC 20-78 (Martin Eggert)
A request by Martin Eggert for a zone map amendment from
RU-4 "Washington County" to R-7 "Single Family Residential"
for a .41 acre parcel at 114:30 S.C . Greenburg (Was' . Co.
Tax Map 1S1 35C'A, Tax Lot 1500) .
A. Staff Report:
Read by Howard
B. Applicant's Presentation:
Martin Eggert, owner of the parcel in question was
in concurrence with the staff report.
C. Public Testirony:
None
D. Staff .Recommendation:
A. Based on findings of fact and conclusionary findings
staff recommends approval subject to the following
condition:
MINUTES
TIGARD P LA10ING C01MMISSION
August 1, 1978
Page 2
1. That either a non-remonstrance agreement
with the L.I .D. (Local Improvement District)
or a half street improvement dedication be
granted for S.W. 97th in order to provide
future access. The applicant should work
with the city and county to determine the
most F"ecti Asn procedure_
E. Commission Discussion:
o Hood asked what staff intended for S-11. 97th
and Greenburg.
o Howard stated that they requested a non-
remonstrance agreement with the L.I.D. (Local �
Improvement District) for S.W. 97th or that �
the option of ordering a half street impr6ve--
ment on S.W. 97th in the event that there is .
no L.I.D. Local Improvement District, and
that the applicant should work with the City
in determining the most effective procedure.
o Wood askedhowaction on S.W. 97th will be
carried out, and how much dedication did staff
want on S.W. 97th.
o Howard stated that 30 feet 'right-of-way for ;
local street. Eggert would have to reserve
15 feet right-of-way and do a half street
improvement or, it, E
Wood moved for approval based on staff findings f'
with the following conditions
1. That the applicant either file a nom-remonstrance
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agreement with respect to an L.I.D. (Local
Improvement District). if street is dedicated
or make a half street improvement to either/
or both S.11. 97th & Greenburg.
o Corliss seconded the motion.
o Howard stated that Eggert would be responsible
for a curb line alone Greenburg and possibly
the same along S.W. 97th.
;Motion passed unanimously.
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