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Ordinance No. 79-105 CITY OF TIGARD, OREGON ORDINANCE NO. 79-LY AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MC GEHEE INVESTMENTS FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT SW HALL BOULEVARD, APPROXIMATELY � MILE SOUTH OF BONITA ROAD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 12B, TAX LOT 1901 FROM CITY OF TIGARD "R-7" TO CITY OF VIGARD 11R-5" SINGLE FAMILY RESIDENTIAL ZONE AND ADOPTING EXHIBITS "A"", "B", AND "C" 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 City of Tigard "R-7" and further findings 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 November 13, 1979, 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 Counci.i. au'vpio %hB fviiUwing substantive ziiiiz iig5: A. That the applicant is in conformance with the Comprehensive Plan identifying 5,000 square foot lots of low density residential development. B. 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-5) use is hereby approved subject to the provisions of Chapter 18. 20 (Single Family Residential Zones) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and id ntified as follows: Exhibit "A": Legal Description - Exhibit "B": - Staff Report Exhibit "C' - Site Plan And further subject to the following conditions: 1. That the Conditions of the Minor Land Partition and the Subdivision be fulfilled. 2. That the applicant submit a revised preliminary plat of the � LaMoncha Estates for approval prior to issuance of building permits. 3, No occupancy permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 4. N3 changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Construction plans on all public right-of-ways shall be submitted and approved by the Public Work's Director prior to commencement of work. 6. Public water service and sanitary service shall be installed to this site prior to the issuance of a building permit. 7. That the developer construct half-street improvements on SW Hall Boulevard to collector street standard to the approval of the j State Highway Department and City Public Works Director prior to issuance of building permits. 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: Byuneniar.eo s vote of all council members present this day of z 1`3 9 after beti2 read two 'ti-s by number I�vUemh.�r y a and title only. p .r. 9£ Re oRfer - City of T' d } APPROVED: By the Mayor this day of L�2P.��t�i _ 1979 Mayor - City of 'Tigard 3 Page 2 ORDINANCE No. 79- r ZC 31-79 attachments- EXHIBIT "A° Order No. 338374 Part of Lots 7 and 8 of Milson Acres, in the City of Tigard, Washington County, Oregon, and described as follows: Beginning at a point on the gest line of said lot 7, the said point being 70 .72 feet North of the Southwest corner thereof; thence South along the West line of said Lots 7 and 8, a distance of 254.00 feet; thence East parallel with the South line of that parcel conveyed by deed to Harry Hamback et ux by deedrecorded April 16, 1930 in Volume 144 page 179,- deed records , Washington County, Oregon, a distance of 612.37 feet, more or less, to the East 'line of said Lot 8; thence North along ` the East line of' said Lots 8 and 7, a* distance of 250.00 feet, more or less, to the Southeast corner of said Hamback parcel; thence West along the South line of the said Hamback parcel 612.37 feet, more or less, to the point of beginning . I i . b Page 3 of policy No. 338374 } '� ..��.�. ....w --w'.e.r•.L..sb.m.lrs.✓Xi.rSY '!'i. _l !'/"_.ur- +.�y. ib.. _.__ ..� /.t.L�Mtu-T�/a¢ .'"r� _-��.v v..i ._Ts .. 1 STAFF ZPObT aGSNDA 5..5 TICAU PLAN711".G CQ;3.ZSSIO'; November 13, 1979 - 7:30 P.M. Fowler Junior Ri7h - Lecture Room 10565 SW Walnut Street - Tigard, OR f DOCKET: Zone Change 31-79 (La �Mor_cha Estates Subdivision, S 23-78 a Imp 2-79j S.PPLICAINT: McGehee Investments OWNER: 11'r. & firs. Schaidt 7935 sw Willay-,._,tre 8325 SW Ross Street Portland, OR 97225 Tigard, OR 97223 APPLICATION -P.ATz.- September 24, 1979 SITE LOUTION: On SW hall Boulevard ; mile south of Bonita Road (Wash. Co. Tax Map 2Sl 12B, Tax Lot 1901). REQUEST: For a zone map amendment from City of Tigard R-7 to R-5 "Single Family Residential" zone on a 3.34 acre parcel. PREVIOUS ACTION: On March 6, 1979; the Plannyn; Director approved a yivar Land Partition and a Subdivision Plat on the subject Property (see Exhibits "A/e and "B")• . I. FINDINGS OF FACT: 1. the is PVESeatly zoned R-7 and is designated R-5 a Residential" on the ('[1nr�reF��^.S:J^ niaii. o "S1Rale-.2Sll� 2. The applicant proposed to re-zone the site in conformance with the On.mprehensive Plan and Section 18.20.030 of the Tigard Municipal. Code. 3. Applicable policies of the Comprehensive Plan are as follows: Policies 2 and 3, page B "Site Arad Public ImprovecRents" Policy 7, page 7 „Preservation of the Character Of The Surrounding Neighborhood And Natural Features." 4. The site is vacant, relative 1Y flat gently sloping, ,moving west to .� southwest. The surrounding uses consist of: Agricultural open agars to the south, single-eaaily residence to the northeast and west across , Hall Boulevard. l i 5. The site will be served from SW H-111 Boulevar s d. Hall Boulevard is a State Highway arterial. It is designated on the NFO 15 Pian as a major collector street. Hall Boulevard is presently in substandard cavditio- with adequate right-of-way. 6. Sewer and water are accessible to the site off Hall Boulevard. { S AF: EFFORT AGEN-DA 5.5 TMUOID PLA:.?il,iG co'. 4ISSION Yo VE=ber 13, 1979 Fa---a 2 i ' II. COhCLnSIMIULRY FMI\'GS: i is The Cocpre:.ensive Pl-a identifies this site as 53000 square foot single- family resideatial lots. 2- SW Hall Boulevard should be improved to coi ector street standard. 3. Sewer is available to the site from the north oEf the Humbach par!c Subdivision bine. III. STAFF RECOMENDATIOY Staff reco=eads approval subject to the follovinc conditions: 1. That the Conditions of the Minor Land Partition aid the Subdivision be fulfilled. 2. That the applicant submit a revised preliminary plat of the La Ybacha Estates for approval prior to issuance of building permits. g 3. Pio occupancy aermirs shall be issued until all nnzditiOnS Placed s,nn,. -hbs do"vclu JL'SC j[ By the City of Tigard have been satisfied and in..�v.. spections verifying this have been carried out by the department. appropriate 4. No chan�� �_s will be made to approved plans or specifications unless forzal application is wade to the appropriate City department and Change approved by that department. Application fa �_or chanPs are writing, and shall include applicable drawings. Construction will be Bade in 3 Construction plans on all public right-of-was shall be approved b the _ , a y" submitted and I Pp y Public +7or�s ZiireCtor prior to co=encement of work. b. Public water service and sanitary service shall. be installed to this site prior to the issuance of a Building Pet-mit. 7. That Cle develooer construct half-street improvements on SW Hal? 'to collector street. standayd to the approval of the StafiA HIg% Boulevard and City Public Works. 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