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Ordinance No. 79-32 CITY OF TIGARD, OREGON ORDINANCE NO. 79- S,;2- AN ,AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. EDWARD GAUSE FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND EAST OF SOUTHWEST 110TH AVENUE AT WEST END OF SOUTH- WEST GARDEN PARK AND DEPICTED ON WASH'NGTON COUNTY TAX MAP 2S1 3DD, TAX LOT 1301, FROM CITY OF TIGARD "R-10" TO CITY OF TIGARD "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", & "C", AND 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-10" 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 April 3, 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 Council adopts the following substantive findings: A. The zone change request conforms to the Comprehensive Plan designation for this area, and B. Sewer and water services are available to this site. 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 provdsions of Chapter 18.20 (Single Family Residential Zone) 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. The applicant dedicate the adequate distance' (as determined by City Engineer) of right-of-way along S.W. 110th, and construct half street improvements to City Standards prior to issuance of building permits. 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreement to the Engineering and Building Departments for approval prior to issuance of permits. ORDINANCE NO. 79- ZC 8--79 3. No changes will be made to approved plans or specifications unless formal application is made to the appropriate depart- ment and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances until after the changes have been approved. Any deviation from this condition will result in the immediate posting of a stop work order on the project or any portion of the project. 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�'�Jn mr�u ti vote of all Council members present this a.,3-4 day of 1979, after being read two times by number and title on � r , Rec er - Ci of T' rd APPROVED: By the Mayor this �2 a h day of ,/ , 1979. > ayor - City f igard _ s S7 e. " PAGE 2 +'s,r ORDINANCE NO. 79-.$.Z zCB-79 , r j� PER Order No. 328615 EXHIBIT "A" A tract of land in the Southeast quarter of Saction 3, Tovns�zip 2 South, Range 1 ,.Test of the SvillametCe Meridian, Tlasning-von County, o!.egon: Beginning at an iron rod on the Easterly line of a 16.66 foot entrance roadway (Deed book 236• page 565) and which iron rod is Soutn 89' 35' West 1.402.34 feet and North 00 11' Wast 523.6 feat from the Southeast corner of said Section 3, and going thence `forth 89° 56' East 92.6 feet to an iron rod; thence North 0° 111 est 22.0 feet to an iron rod; thence North 890 56' East 93,0 . feet to an iron rod; thence South 0" 11' East 138.6 feet to an iron rod; thence North 89° 56' East 130°0 feet to an iron pipa; thence North 0' 11' West 273.2 feet to an iron pipe; thence South 89" 56' V'asi; 320.6 feet to an iron pipe on the Easterly lin-2 of the aforesaid roLdi•ray line; thence on the roadway line :youth 00 11' East 155.6 zeet to tae true point of beginning. hyL) -Lc� ST:LFr REPORT AGENDA 5.1 ; TIGARD PLANNING CO}LkIISSION April 3, 1979 - 7:30 P,M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 8--79 (Ref.: S 2-79 & CU 4-79) Applicant: Mr. Ed Gause Owner: Same as applicant 14635 S.W. 133rd Avenue Tigard, Oregon 97223 Application Date: March 12, 1979 Site Location: East of S.W. 110th Avenue at west end of S.W. Garden Park (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301)• Request: For a zone map amendment from City of Tigard R-10 to City of Tigard R-7 "Single Family Residential" on a 1.45 acre parcel. Previous Action: The applicant appeared before the Planning Commission on March 6, 1979 requesting a conditional use permit for four duplex units. The Planning commission approved the request. However, the conditional use permit for duplexes was reduced to allow one duplex unit. Therefore, the applicant is returning before the Planning Commission for a zone change to allow 7,500 square foot lots in the "Single Family Residential" zone. I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" (7,500 square foot lots) on the NPO #3 Plan and is presently zoned R-10 (10,000 square foot lots) "Single Family Residential 2. Applicable policies from the NPO #3 Plan are: "Density" - Policy 4 (Page 13) "Supplementary Facilities and Services" - Policy 5 & 6 ('Page 14) 3. The applicant proposed to construct four (4) single family units along the northern portion of the property and one duplex on the southeastern section of the lot, 4. The site slopes from the southeast corner dropping approximately three percent diagonally to the northwest corner. The surrounding property uses are a residential unit to the west across S.W. 110th and single family units directly to the north. To the east and directly south are duplex units and the Garden Park Place duplex planned development. 5. Southwest 110th is designated as a local street requiring 50 feet of right-of-way. 6. A local standard street is being constructed within the Garden Park Place development that when cantinued W-111 pass throughout lot 1.301 and the subject site. STAFF REPORT ; . + AGENDA 5.1 1 f, - TIGARD PLANNI$G COMMISSION April 3, 1979�- 7:30 P.M. l Page 2 7. Unified Sewerage Agency service and the Tigard Water service is available to this site. II. Conclusionary Findings: 1. The zone change request conforms to the Comprehensive Plan designation .for this area. 2. Southwest 110th is in substandard condition having inadequate right- of-way or paving width, no curbs, gutters or sidewalks and in its present condition is overcapacitated. 3. Sewer and water services are available to this site. III. Staff Recommendations: Staff recommends approval of the zone change request subject to the following conditions: 1. The applicant dedicate the adequate distance (as determined by City Engineer) of right-of-way along S.W. 110th, and construct half street improvements to City Standards prior to issuance of building permits. 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreement to the Engineering and Building Departments for approval prior to issuance of permits. 3. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in, these instances until after the changes have been approved. Any deviation from this condition will result in the immediate posting of a stop work order on the project or any portion of the project. Report prepared by: Ken Selby Reviewed by: � e Howard Associate City Planner ping Director r:a- r ��{r I s w Folz `c r` _ s `t STRE ET � 0 l L. co T6 �s MF.< .•f'.�.y.,=i:;ss,�,,,t:�.)�'t.�•.'r:�...' 6'f-'. 1'1IL y y'1)).•, r;�s ''a 1, ys �.:�. —_w 44 rn , sw t FAr HA EN -� VIE mou Iwo TIF It v. •i��' , Z. --i—+ tis, A'RD STRSEi' El 11,l