Ordinance No. 79-14 CITY OF TIGARD, OREGON
ORDINANCE NO. 79- „
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. JOZSEF
SANDOR FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING
THE ZONE DISTRICT FOR A TRACT OF LAND AT 9135 S.W. NORTH DAKOTA STREET AND
DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 35AC, TAX LOTS 200 & 201, FROM WASHINGTON
COUNTY "RU-4" TO CITY OF TIGARD "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING
EXHIBITS "A", "B", & "C", =RANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
1'HE CITr OF TIGARD vn� l-S! AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore and
are now classified as Washington County "RU-4" 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 January 16, 1979, and all interested persons where 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:
A. The proposed zoning is in conformance with the NPO #2 Plan
designation, "Urban Low Density" (one single family unit
per 7,500 square feet).
B. Adequate water and sewer are available to the site.
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 Zones) of the Tigard Municipal Code
as embodied in or exhibited by the documents submitted and identified as
follows:
Exhibit "A":- Legal Description
Exhibit "B": Staff Report
Exhibit "C":- Site Plan
And further subject to the following conditions:
1. That five feet of right-of-way along subject property fronting S.W.
North Dakota be dedicated to the City with half street improvements
to collector street City standards prior to issuance of building permits.
ORDINANCE No. 79-
ZC 27-78
2. That the developer submit construction and site drainage plans to
be approved by the City Engineer and Building Departments and
necessary bond prior to issuance of permits.
3. That significant vegetation be preserved.
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 Lr�,ryjd 5�_ vote of all Council members present this
day of A& 1979, after being read
two tim by number and title only.
Recorder - City of Tiga,
APPROVED: By the Mayor this day of ru u r�. . 1979.
ayar - City of Tigard
PAGE 2
ORDINANCE NO. 79-
ZC 27-78
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• 1.11; WARRANTY Df- �C7 ar��t7J e�1 �SV C7Q E ;i l�
KNOW ALL MEN BY THESE PRESENTS,That ....fFOkGE.,KWEL ........................................... .
hereinafter called the grantor,for the consideration hereinafter stated,to grantor paid by .. __ ..............
.._..... ..._
.102SEF SANDOR .. ............ ....................... .,hereinafter called 0
the granter, does hereby grant, bargain, sell and convey^unto the said grantee and grantee's heirs, successors and
assigns,that Certain real property,with the tenements,hereditaments and appurtenances thereunto belonging or ep- r
pertaining,situated in the County of Washington .. and State of Oregon,described as follows,co-wit: it
jlBeginning at an iron pipe at the Southeast corner of Lot 23, Ashbrook Farm, Washington
County Orepgon, thence Forth 8900' Eatit 300 feet to the Point of eegitining; thence Porth �
0°10' WesE 271,95'Feet Co a point;6,&. thence North 89000' East a distance of 85
.• feet, thence South 0'10' East, a distance of 146,95 feet, thence South 8900' West
parallel with, the North lineofS,il, North Dakota�$treet, a distance of 33 feet, thence ;
i South 0°10' East, a distance of 1271geet to c�ie fish Line of 0. C. Granam DLC #52, r
{ thence South 89011' West a distance of 52 feet to the point of Beginning. II
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This do•ument is 'oeinc re-recorded to correct legal discription. �
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' IIF SFACe INSUFFICIENT,CONTINUE D'.01PPON ON REVERSE SIDE) �.
TO Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever,
And said grantor hereby covenants to and with said grantee seat grantees heirs,successors and assigns,the; i
grantor is lawfully seized in fee simple of the above granted premises,Erre from all errcttmbrances -
, I Ii
and that
grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims
f. and demands of all persons whomsoever,except those claiming under the above described encumbrances.
The true and actual consideration paid for'this transfer,stated id terms of dollars,is$15,000,00.
• �tawaomt3crnaaxrctx:xlcxmrmMxrmlmuxat�tstaxad7cmc•,mcakrcEe xal�saiexatmsYrocbxia
• t jr,j consideration(indicate which).O(rho wntente between the symbols 0,it not applicable,should be deleted.See ORS 97.030.)
In construing this deed and where the context so requires,the singular includes the plural and all grammatical
changes shall be implied to make the provisions hereof apply equally to cor orations and to i ivid al.
1 In Witness Whereof,the grantor has executed this instrument this... .day of......
n corporate grantor,it has caused its name to be signedA,, fixed by its.officers; u authorize thereto by
order of its board of directors.
George Kimmel
STATE OF OREGON, STATE OF OREGON,County of...._........
_..._....._-_._._.__-.._..jos.
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Count of (/�.GL li lnOw-.........) m d ��
.... 13?Q...... O Doc I?Nrt(
REGON CO�J Thi _
OE o U��I iTAX
®- refeOryliJ apWare nia_A..._==de
GEORGE„KI14tEL.................... ' R7R•87s -_ � J. O
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• i ._......................and acknowledged the foregoing instru-
Frant f0 bo . y d
Y;
t �S .......voluntary act and deed. oa ar,v�v,pu,a.,v,.,..w u..........0..................o,.......,......e....... {.
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.. halt at sfid corporation by authority of its boats o1 dir.etoo;and each e4
acknowledged said instrument to be its voluntary act and deed,
8alors raa Before me:
• (OFF1CfAL .: L' ..,_. .. (OFFICIAL
SEAL) ... _._....__..._. SEAL) i
• Notary Public for Oregon ` O Notary Public for Omdon
.- lxy It.;.espi»s: G�•G•ro 0/ Ary commission o.pires:
Mr. George Kita nel
---- t
North Dakota, ._...... „_-_.._.._.._.__. X STATE Of OREGON
Tigard.,_.Ote 97223. . SS
. .... . `I' count orWOR1914toe _ .j
_._.___....--•_-._ 1
n � , ' N TON's N.Na ANO ADONEft _. •'
Mr, Jozsef Sandoz R n 'ds
1, aper TieflnOf o ectal of of
• I _. .. and Else” E!•Oftielo ReeoeMr of Com
' S/A 7860 e v [o ti p,,e I. ,a„eIn tfor cold county,do he•abY e�erSifY .i
JPortlBpd,_Ore 97223 - a+a Witbin inlnr one l o! addNa .
0 N.N!.ND A00-1 • _ lewCv:AtsElVRD and recorded in ba" of records
An.oe," a.fMet a1 can No.
Ttt1P_Znsclrance,Cam-any,oE Oregon laeo+oro•.uea et asid county
12012 S W. Carivon Road:.... mufna my wane amt lash 81fix l'
97005_.,Attn Donna t10GEfl TH MISUN. Oi:aetor of
• Beaverton, Ore.... ._ Haeoeds G Elelti'""
DEXECF
0nfi1.d.ny.N w+..nd.111..0tlen..h slept►.fear 1s fM hll.wiw9 adeNaf.
_•__Mr._ Joan!f..Sandor _ _._�. I �SDewey
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RANI ADDa,.J'til�_....._.-._�_._�_ _ � :;M%FAAyy �4t.lt I� 45rQlf fly
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coast Ke.tel-:•w/illeANTT ollo Vae1•M.el«Cw•..�.1• . u....w•,..,.a cp.n,r...o.o,.nw , f I-/' t .
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•ARANIY 6EW
'KNOW ALL MEN BY THESE PRESENTS,That................GEORGE.KIMEL .............................
.__.........__..
_.,......_........... _........._............._.................. ....................._.._...........................-........................
.........
y hereinafter called the grantor,for the consideration hereinafter stated,to grantor paid by .... . , .. .-... .... .........
I JOZSEF SANDOR................ . _ ....................................... .. _. ._.. .. hereinafter called
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the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantees heirs, successors and ;
n assigns,that certain reel property,with the tenements,hereditaments and appurtenances thereunto belonging or ap-
pertaining,situated in the County of.. Washington _ and State of Oregon,described as folIowa,to-wit:
f r
Beginning at an iron pipeat the SSRutjeeat corner of Lot 23, Ashbrook Farm, Washington
County Oregoq then��iiSouth 89'b east 352 feet to the Point of Beginning; thence
"orth 0°10' WA1�12 fleet to a point, running thence North 89000' East a distance of
33 feet, thence North 0010' West, a distance of 146.95 feet thence "Orth 8 °00' r
itdistance of 95.5 feet to an iron pipe,�F�l1ence South 0°10' East, a distance i'02l•L.95estf,eaet,
to the 1'1 South line of.D.C. Graham DLL-052, thence South 89000' West, a
distance of 128.5 feet to the Point of Beginning. I
this doe-ument being re-recorded to correct legal discription.
COUNTY DOCUMENTARY
G = i
�{ nEGOrt �fAx _ t
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••• AFd-6'18�^ �3 9. Q�
To Have and to Hold the same,unto the said grantee and grantee's heirs,successors and assigns forever.
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Arid said grantor hereby covenants to and with said grantee and grantees heirs,successors and assigns,that
jgrantor is lawfully seized in fee simple of the above granted premises,free from all encumbrances
and that ,
I grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful dairm
I and demands of all persons whomsoever,except those claiming under the above described encumbrances.
i; The true and actual consideration paid for this transfer,stated in terms of dollars,is d 39,000.00..-._....
�hTibxf{x24!#�•�q$H(,94TdfKYtl47SXr7[k4x7SK�kx]iiE7+7'iFsifW37f��i�XRp>�W�1GYd�[�tiRS7t15�6� ,
t !`�,consideration(indicate which `
(7ha senlenu belwetn the symbols OO,if not applicable,should be delated.Sae ORS 9J.030.) ''//
In.eonstruing this deed and where the context so requires,the singular includes the plural and all grammatical
changes shall be implied to make the provisions hereof apply equally to corporations and to'
�j In Witness Whereof,the grantor has executed this instrument this. 3 day of. ,19�;
if a corporate grantor,it has caused its name to be signed and seal d b�el
its officers, d thereto
order of its board of directors.
Ge r e �
............................... ............................
4 .......................................................................................... ..
•is STATE OF OREGON, ) STATE OF OREGON,County ol...._s..:.�._......c ».._.__.- I '
!' L 19..
1 Caen of 4 C4-5h;n tt )? ._.»».....___...._........................... '
,I Personally appeared......._.»...._.___._...............
..............._..»_...._...and
�i. .»._. ...» ................._..79. ,4 '.
._.......... _....
_.................__...._...... ................_............whobeing duty ewarn,
fPetzonatlY an�eo�ra�d the above named_-._»_»-......... each for himself and not arra for the other,did my that the fortnar is the
i GEORGE RII'L^SEL . .president end that the latter is the
_..».._.............................................................._.---.._.. atary of........__.___.._.._.____. -
.� ..
Corporation
.and acknowledged the foregoing instm- ..».._................................._..............•.......`......................._...............,a
.»__..,..»».......... gad fe'N end that the nae/afli:ad to!ha foregoing instrument is The corporate seal
swat to bo.......... i�....................Voluntary act and deed. of said corporation and that said insuument was signed and sealed in be-
hall o/said corporation by authority of its!ward of directors;and each of �
Before me -I6' em acknowledged said in:trm
utnt to be its voluntary act and deed.
......Before am:
(OFFICIAL ................ ..... - e.... _....._ )
(OFFICIAL i
SEAL) .......».._.._,......................»........_......»._......._........._ AL +,.
i Notary Pabtic for Oregon4 Notary Public for Oregon i 1
'i.
Aft,commission expires:624-.el My commission expires: I .
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_._.reorge_KiasleZ✓---._-.___._.._._..-..---...__._...-__ ` ,
..9135..S.W.__NOrth'DAkoEa___..—_-._._--_...—._. STATE OF OREGON
—Tigsrd.,._.Ore....97223.-_—___.-_.___._...._ ss
j oawwro.'a acre Awns Aaoena _ County of Washington G t '
of '7Y,
Roger Thomssan, Director of Records
I: 7860...5 W ..69ch Ave
and Eladwm and Es-Officio Rseordar of Coo-
Portland .Ore 97223 the wit for said County,do lunacy ani received that
J 1 a ._. ..., the Dnlhin invimn,entbook of writing cots ndind '
f i{ oasts.saswvso �a ,«.wad in ta°4 of records
ti r� ,,..w w.we.
t An.,n[s,dhra Atern 1 nos '. .
.xce.ae.'a aa[ of
_._...Title lnsuranee..Company of,.Oregon,_ _._ of said County
�•. _...... S.W...Canyon.Road ................ _._
Witness my hand and sasl aPixad. tt[
rt.on Attn;. Donna__,•-_- ROGER THOMSSEN, Oinctor of t
1. w.N......ease zra flwords Pb Elections
won a there.t.wq-td at ret.t.r�J+.n a.[.,t ft or.rwe.we sea,... h D E X E D
Ij Mr. .To.+.sef Sandor ---_____._--_--- ' ',8 k490
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Har 31 11 vs�N'iB g
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STAFF REPORT t \f
t AGENDA 5.1
TIGARD PLANNING COM-MISSION
January 16, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 27-78
(Reference MLP 19-78)
Applicant: JozseE Sandor
Owner: Same
Location: 9135 S.W. North Dakota Street (Wash. Co. Tax Map 1S1 35AC,
Tax Lots 200 & 201) .
Request: For a zone map amendment from Wash, Co. RU-4 to City of Tigard R-7
"Single Family Residential" zone on a 1.03 acre parcel.
I, Findings of Fact:
1. The subject site is presently zoned Washington County RU-4 (RU-4 is
equal to City of Tigard R-7 "Single Family Residential", 7,500 square
foot lots.)
2. The proposed zoning is in conformance with the NPO #2 Flan designation,
"Urban Low Density" (one single family unit per 7,500 square feet) .
3. The applicant has applied for a minor land partition. The application
will be processed by the Planning Director in accordance with Chapter.
17.24 of the Tigard Municipal Code proceeding zone change approval-
4. The site elevation decends from the southern property line fronting S.W.
North Dakotanorth approximately six percent. There is an existing
ranch style single family unit with a daylight basement and two vacant
storage sheds. The site has some significant evergreen trees and shrub
brush vegetation.
S. The surrounding land uses are single family homes to the east and west.
South, across S.W. North Dakota Street is a vacant parcel and single
family homes southeast and west. To the north is a vacant parcel heavily
vegetated (owned by the State) and Highway 217.
6. Sanitation services are available off S.W. North Dakota by the Unified
Sewerage Agency.
�. Water from the Metzger Water District is available from the existing .
line on S.W. North Dakota Street.
8. Public access from the site will be onto S.W. North Dakota, This
et -resent. nde c,_,ntc, diction_
street _ �y -� jttri.S
9. Southwest North Dakota 'Street is designated as a collector street in ,
NPO 42 Plan, having 60 feet of right-or-way, 44 feet of paving wit:
curbs and sidewalks, (Page 31 and 32 of the NPO #2 plan) . The purpose
of a collector street in NPO #2 Plan is as follows:
STAFF REPORT / t
AGENDA 5.1 1
7 f
TIGARD PLANNING COMMISSION
January 16, 1979
Page 2
"To collect and distribute traffic between arterial and local streets
or directly to traffic destinations. A secondary purpose is to provide
access to abutting properties."
II. Conclusionary Findings:
1. Southwest North Dakota Street is presently substandard with insufficient
public right-of-way, no curbs or sidewalks. Five additional feet is
necessary along the site frontage.
2. There exists a need to zone parcels in the City Limits of Tigard to
comply with the Comprehensive Plan.
III. Staff Recommendations:
Staff recommends approval subject to the following conditions:
1. That five feet of right-of-way a?_ong subject property fronting S.W.
North Dakota be dedicated to the City with half street improvements
prior to final building inspection approval.
2. That the developer submit construction and site drainage plans to be
approved by the City Engineer and Building Departments and necessary
bonds prior to issuance of permits.
3. That significant vegetation be served.
Report prepared by: Ken Selby
Associate City Planner
January 12,' 1979
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MINUTES l
TIGARD 'PLANNING COMMISSION
January 16, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
1. Open Meeting: p,
Commissioner Smith opened the meeting at 7:40 P.m. in the absence of President
Tepedino and Vice President Wood, and served as President pro tem throughout
the meeting.
2. Roll Call:
Present: Helmer, Kolleas, Seeber, Smith, Speaker
Bonn arrived about 9:00 P.M.
Absent: Tepedino, Wood & Funk
Staff: Howard & Selby
3. Approval of Minutes from Previous Meeting(s) ;
There were no minutes of previous meetings submitted for approval.
4. Planning Commission Communication:
The President pro tem (hereafter referred to as the President) explained to the
audience the procedure followed in the public hearings. He called attention to
the length of the agenda and requested those testifying to be concise and not
reneat what has been brought out by other speakers.
5�. Public Hearings:
t
S.1 Zone Change ZC 27-78 (Jozsef Sandor) NPO #2
A request by Jozsef Sandor for a zone map amendment from Wash. Co. RU-4
to City of Tigard R-7 "Single Family Residential" zone on a 1.03 acre
parcel at 9135 S.W. North Dakota Street (Wash. Co. Tax Map ISl 35AC,
Tax Lots 200 & 201) .
A. Staff Report:
Selby read the staff report
B, Applicant's Presentation:
The applicant's presentation was made by Jozsef Sandor, 9135 S.W. North
Dakota Street.
C. Public Testimony;
No public testimony was given on this item.
{
D. Staff Recommendations:
Staff recommended approval subject to conditions presented orally
f as follows;
1 -
i
[.�
I
MINUTES
TIGARD PLANNING COMMISSION
January 16, 1979 - 7:30 P.M.
Page 2
/ 1. That five feet of right-of--way along subject property fronting
! S.W. North Dakota be dedicated to the City.
2. That applicant submit an agreement not to remonstrate against the
formation of a local improvement district for street improvements
to S.W. North Dakota Street to local street standards, and that
this be filed with the City Recorder.
3. That the developer submit construction and site drainage plans to
be approved by the City Engineer and Building *Departments and
necessary bonds prior to issuance of permits.
4. That significant vegetation be reserved.
E. Commission Discussion & Action:
o The question was raised by Speaker why the change from half street
improvements is being required.
o Staff explained a nonremonstrance was called for in a similar action
in a hearing the week before, and explained reasons for not reouiring
t. the half street improvements in an area where a local improvement
I district was likely. Upon being asked if this was to be policy in
such situations in the future, staff replied it was their preference.
o There was no further testimony nor comments from the Commission.
o Speaker movel that based rn staff findings, the request for zone
change ZC 27-78 be approved, subject to the four condii:ions as
{
presented orally by staff.
o The motion was seconded by Helmer and passed unanimously.
At this point Mr. Wilbur Schewmaker, 11270 S.W. 92nd Avenue, was recognized.
1 He called attention to the fact the agenda called for public heariya.'3r to
begin at 8:00 p.m.; that it was about that time then; that he came on behalf
of Agenda 5.1. The President explained the desirability of proceeding as
rapidly as possible with the agenda, notwithstanding the usual printed
statement that public hearings commence at 8:00 P.M. Mr. Shewmaker stated
he was interested in what action .hadf been taken and was told, whereupon he
appeared satisfied and left.
5.2 Zone Change ZC 28-78 (Ames Orchard ##2) NPO #7
A request by Hazeltree Development Inc. for a zone map amen ent.from Wash.
Co. RU-30 to City of Tigard R-30 "Single Family Resident'al"zone on a 12.5
acre parcel_ at 12235 S.W. Bull Mt. Road (Wash. Co. x Map 281 1OBS, Tax
Lot 600),
A. Staff Report:
Selby pointed out the loci ion of the drop on a wall map, and explained
glans for ar; extensi S.W. 135th Avenue as a mann goad and its
location throug. is property. He offered to show some slides of the
property, b ere appeared to be no special 'ience interest in this
item and the nissioners expressed familiar, with the property, so they
were not shown,
r+ovember 4, 197$• Jozsef Sandor,
9135 S. W. North Dakota St.
Tigard,
Oregon 97223.
To the Planning Commission.
I request that the Planning Commission grant me
an R-7 zoning on my property which has been annexed to the
City of Tigard and was annexed without any zoning. The
zoning I am requesting is in compliance with the Tigard
t
Comprehensive Plan which calls for R-7 in this district.
I am planning to build on the property single family
homes which is appropriate for the R-7 zoning. The number
of homes I will build will, have little effect on schools, :
:services and traffic. The necessary services; sewer; �
water; power; road and fire protection are available and
adequate at the present time. At the same time this would
upgrade the neighbourhood property values.
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Very truly yours,
�--
�o se'f--Sandore .--"
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