Ordinance No. 79-43■
l
CITY OF TIGARD, OREGON
ORDINANCE No. 79- IN
AN ORDINANCE ADOPTING FINDINGS n7ITH RESPECT TO AN APPLICATION BY JOHN ANNAND
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT TRACT OF LAND WEST OF S.W. 109TH AVENUE AND DEPICTED ON WASHING-
TON COUNTY TAX MAP 2S1 JOAD, TAX LOT 8800, FROM CITY OF TIGARD R-7 "SINGLE
FAMILY RESIDENTIAL TO CITY OF TIGARD A-2 "MULTIFA.MILY RESIDENTIAL" AND ADOPTING
EXHIBITS "A", "B", & "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 Single Family Residen-
tial 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 May 1, 1979, 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. That the applicant is in conformance with the Urban Medium Density
Residential designation of NPO #6 Plan, and
B. That the proposed zoning is compatible with the surrounding neighbor-
hood.
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
Multifamily Residential (A-2) use is hereby approved subject to the provisions of
Chapter 18.24 (Multifamily Residential Zone) of the Tigard Municipal Code as embodi-
ed 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 half street improvements along the subject property fronting
Southwest of 109th Avenue be made prior to issuance of building
permits.
2. That the developer submit construction and site drainage plans
to be approved by the City Engineer and Building Departments
with necessary bonds prior to issuance of building permits.
ORDINANCE NO. 79- A&
ZC 9-79
3. That the significant vegetation be perserved.
4. That the Staff is directed to work with the applicant to find
a mutually agreeable location for the road across the property
to serve the area not yet developed.
5. 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 instance 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 por-
tion 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: B vote of all Council members resent this
By 0��/�Cvr���5 P ;z/ 5
a- 1979, after being read two times by number
and title dnlv.
w
Reo rder - City of Tig d
J
APPROVED: By the Mayor this _�/� day of ��� , 1979.
—7—
ayor - Cit of VMrigaard
PAGE 2
ORDINANCE No. 79-.e(�
ZC 9-79
TI WARRANTY DEED !O 38659 Gil
KN�?iY ALL AlEN BY THESE PRESENTS,ThaL.-ICL'F`. D AtaiAND, .CATIIERIb"..T•.ANNAli S03AN I
"WK�,-NARYyId 1FY� PtIt�1ND•Ala JOHN D ANNAND 11
- .
W i' �'- o jo ( sy'nsirieration l er tier stated,to grantor paid by JOSEPH 1 L..
ere^Tram ratfrrl Li*` gr ti hereinafter celled
<i; VAN,WN....Ar1D ..LINDA E._VAN..L,0:1 . .
��he grantee,dxs hereby grant,bargain,sell and convey unto the said grantee and grantee's heirs, successors end
fff(ff
;I assigns,that certain real pro party,with the tenements,hsreditamenta and appurtenmir- thereunto belonging or ap- I+
pertaining,situated in Rite County of...Washington..
and State of Oregon,described as follows,to-wit:
1
A tract of land situate in the northeast quarter of Section 10, Township 2
South, Range 1-West, Willamette Meridian, Washington County Oregon, described
as follows:
.aaaoiiia8eginning_at f point on the nnrth %1i.n�of the southeast quarter of the
thaas quarter of`sat_d Ztfon N 89-a�_dD"sl 990.18 feet, more or les froi
the east line of said section and running thence S 0-51-50W parallel with said
east line of section 124.71 feet, more or less, to the north line of a 50.0
foot deeded roadway: thence S 68-30 E on said roadway northerly line 106.95
feet, more or less, to the west line of that tract of land described in Book
1092, Page 594, Deed Records of said county: thence N 0-51-50 E on said west
line 163.17 feet, more or less, to the north line of the southeast quarter of
the northeast quarter of said section: thence N 89-34-10 W on said line 100.09
feet, more or less, to the point of beginning, containing 0.33 acres, more or
less.
OAccess to this property is hereby allowed by an easement of 20 feet wide from
S. W. 109th Avenue to be incorporated at a future date in a permanent street
extension from S. W. 109th Avenue to the Fast line of tax lot No. 4100.
i� No structure is to be erected which highest point exceeds in height a level
d greater than four feet above the surface of the cement patio floor adjacent to
the Guest House of the Annand residence and no tree shall be permitted to grow
above this height. Should any tree grow to an excess above this height and "t
not be trimmed to this height; the owners of the Annand House shall have the
right of access to the property for the purpose of trimming any tree to the
designated height and be obligated to remove such trimmings.
Sewer easements along the North and East property lines of the above described
property of 10 feet in width shall be provided for maintenance of said sewers
and the right to connect to said sewers is hereby granted to the owner of the
above described property who shall obtain such permits necessary to make such
connection from the governmental authority controlling such sewer connections.
These Conditions shall follow the land or any subsequent sale and be a conditi
in the deed or deeds binding upon successor owners of this property.
l
- ............ ......................_......
known to me to be the identical individuals... described in and who executed the within inetrurnent and
acknowledged to me that.......they.........__executed the same freely and voluntarily.
__. TESTIMONY WHEREOF,I have hereunto set my hand and affixed
F_-
B-c7SY P. �` C.L'.i t^0' my official seeal theeday and yea-last above written.
, ...........r rewais>Icr1 rlx i �� Commission AfY Coaunrssron ezptres......................._5,/_V._7.9.......
1
""•1"""� t1 Clncl RGa.1 Et 8 _
STATE OF OREGON j
1}
.... ._.. .... ._.... ..... County of Washington r
SS
cR raR]nAN[A o AooREss ,
1, Roger rhoms,an, Dirantw of RecodS ,
- --- and Elections and Ex-Officio R"Wdor of C
4an Lgmam
Lj,S1<tla ,E. _Va.il, LQm -- rayanas for said county,do hereby carttfy that
the within in]trummnt of writing was rewired
F . aPANTEE a NAFi[ANa AOJPE]v ]PACO RE]LRVEtl and ,BCWd+d In t)Qarof records
Ass+.W-dine-1--1+: row No. .
II Joseph & Linda Van Lom RECORDER'S U]t of said County
_SI25 S CJ fan on Road
' ......
25 - Witness my hand end tool affixed.
..
I 72Portland Lir ___..._ ROGER 'sf+of�ssa. D+r.efa of
..._ ..s_ .. ._' Records ib eamesionr
" NAME,Aar1R tlRC]], (+YY��'�
I.MFII a,hen]+1L"..mod eft t !Nat slslan•AP.hall M ren,M Ph•bll•vMv odd D EXU
8125 S W _Canyon Road '78 386 , �
Qortland, Or 9.7225 _ _......�. .. Aug C9 a 32 Ali 178 :
NAME.ADOREet Z.R
(.tARRANTY DEED(INDIVIDUAL) 78 38657
JmPVAPd L01! hereinafter called grantor,convey(s) to
APJD LINDA E VAN LOh1 husband and wife _
sall that real property situated in the County
of WSS 3 nQt6 State of Oregon,described as:
zo: A tract of and situate in the Northeast 1 of Section 10, Township
XM 2 south, Range 1 West, of the Willamette Meridian, in the City of
Tigard, County of Washington and State of Oregon described as follows:
Beginning at a point on the North line of the Southeast quarter of the
Northeast quarter of said section North 89034'10" West 990.18 feet,
more or less, from the East line of said section and running thence
South 0°51'50" West parallel with said East line of section 124.71
feet, more or less, to the North line of a 50.0 foot deeded roadway;
thence South 68.30'East on said roadway Northerly line 106.95 feet,
more or less, Co the i;3S,; 11Ire of that cract o: laird dt:scriued in
Book 1092, Page 594, Deed Records of said county; thence North 0'
51'50" East on said West line 163.17 feet, more or less, to the North
line of the Southeast quarter of the Northeast quarter of said section;
thence North 89°34'10" West on said line 100.09 feet, more or less, to
the point of beginning.
and c enant(s) th t r ntor is the owner f the above descrihed property free of all encumbrances except
7 ��tose staated' on the PurCL ase Option agreement hereby acknowledged
IN oy the grantee.
and will warrant and deferid the same against all persons who may lawfully claim the same,except as shown above.
The trc_and actual consideration for this transfer is$ 13,000.-00
Until further notice all tax statement should be sent to:
8125 S.W. Canyon Road, Portland, Oregon 97225
Dated this 'Zy day of Ai,bugt- 19 .
THIS DEED IS BEING RECORDED TO RELEASE
' GRANTOR'S INTEREST IN PROPERTY DUE TO
HIS PURCHASE OPTION AGiREM-LENT / Kenneth R. Bunn
STATE OF OREGON,County of fn 7/J )ss,
August 6L 19 78 personally appeared the above named
Kenneth R. Bunn and acknowledged the foregoing
instrument to be his voluntary act and deed.
Before tee:
Notary Publi for Oregon
My commission expires:
Thi'ajoliar amount should include cash plus all encumbrances existing against the property to which the
property remain's subject or which the purchaser agrees to pay or assume.
If consideration includes other property or value, add the following: "However, the actual consideration
consists of or includes other property or value given or promised which is part of the/the whole
consideration."(indicate which) _ a1Nrao
�do10HIHS 7.M _ 1
WARRANTY DEED(INDIVIDUAL) 0 3 4 1 9 9
STATE OF OREGON
Kenneth R. Bunn c, ss
County of waahinpton
/ 13r r, cam, t
I, ROW Tha,,,W, Director of Records
TO t Z and Elac2iors and Ex-Officio Rewresee'of Corn
Josep:t M. Van Lom veyanees for aid county,do hsr*W:cwtfv that
,Ci the within inatrunwrrt of wfittn, vne ncsirsd
and recorded in book of Words -
m C:=. _ No.
After Recording Return to: fat of said county
Joseph M. Van Lom t(,1a - vaitnsa my hind and aaaa affixed.
8125 SW Ra.Canyon — ROGER THOMSSEN, Matter of
y p Rreorde & Etectiono
`Portland, Or. 97225 "f c INDEXED
'78865' ts�rw+y
AUG Z9 8 32t!'
t<-
EXHIBIT "B"
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
May 1, 1979 - 7:30 P.M.
Fowler Junior High - Lecture Room
10865 S.N. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 9-79
Applicant: Mr. John.. Annand Owner: Same
14600 S.N. Pacific Highway
Tigard, Oregon 97223
Application Date: March 22, 1979
Location: West of S.W. 103th Avenue (gash. Co. Tax Map 2S1 LOAD, Tax Lot 8800)
Request: For a zone map amendment from City of Tigard R-7 "Single Family Re-
sidential" to City of Tigard A-2 "Multifamily Residential" on a 1.04 k
acre parcel.
I. Findings of Fact:
1. The subject site is presently zoned R-7 (7,500 square foot lots)
"Single Family Residential" and is designated "Cuban Medium Density
Residential" (12 dwelling units per acre) on the NPO #6 Plan.
2. Applicable policies from the NPO #6 Plan are:
"Density" - Policy 9 (Page 5)
"Utilities, streets, etc." - Policy 10 (Page 5)
"Water and Sewer facilities" - Policy 11 (Page 5)
"Buffering, open space, etc." - Policy 15 (Page 6 & 7) `
3. The applicant proposes to construct one four-plex apartment along the
northern portion of the property and one three-plex apartment in the
center and one four-plex apartment located at the southern portions of lot. �.
4. The surrounding uses are apartments to the north and east, a single
family dwelling to the northwest, and a vacant parcel to the south.
5. Southwest 109th Avenue is designated as a local street requiring 50
e
feet of right-of-way with a pavement width of 34 feet. The current
right-of-way width is 50 feet.
6. Sanitary sewer service is available off of Canterbury Lane.
7e Water is available from 8 inch lines off of Southwest 109th Avenue
and Canterbury Lane.
8. There is adequate public access off of Southwest 109th Avenue. '
F;
t
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EXH
• _ Oc`ICATO VACATED 855/744
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3410 331 10 3110 131
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DEO. DEED 559/477
511-9.25 313o a
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7Y1'y'+
STAFF REPORT
AGENDA S.3
TIGARD PLANNING CWLNIISSION
May 1, 1979
Page 2
9. The proposed site plan includes a road off of 109th Avenue across
the northern portion of the lot to the western property line.
II. Conclusionary Findings:
1. Southwest 109th Avenue is in substandard condition with no sidewalks
2. A need exists to zone parcels within the City Limits to comply
with the Comprehensive Plan.
3. The road as shown on the site plan is not desirable due to its
proximity to the exisiting residence to the west and the extreme
grade in excess of 18%. Therefore, an alternative would be to
locate the street to the south of the site to align with Murdock
Place.
III. Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That half street improvements along the subject property fronting
Southwest of 109th Avenue be made prior to issuance of building
} permits.
2. That the developer submit construction and site drainage plans to
be approved by the City Engineer and Building Departments with
necessary bonds prior to issuance of building permits.
3. That the significant vegetation be perserved.
4. That the extension of (Murdock Place) be improved prior to issuance
of building permits and that a street plug be placed at its western
terminus
5. 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.
Reviewed by: Ian Selby I .� Reviewed by. drd
Associate Planner P Director
MIN
UTE
TIGA!ZD PLALN"dING CO24MISSION
:gay 1, 1979 -7:30 P.M.
i
Page 3
approvals can be secured in advance of any investmen in street improvements.
Commission \dcussion: Questions concerned a.ndard practice with respect
{
to bonds and the-entension of 109th_ In responding to these, Staff mentioned
that a section of ldc,"th passes through territo under jurisdiction of the County,
but that this is expe'�ted to come into the Citi in the foreseeable future.
i
J
Smith moved for approval of Zone Changs ZC 10-79 based on Staff findings
and recommendations. Ths motion was seconAed and passed unanimously.
5.3 ZC 9-79 (Jack Arriand) NPO #6
A request by Jack 'Annand f r a zone map amendment from City
R-7 PD to City of Tigard A(2 "Multifamily Residential" on a
1.04 acre parcel, located at SW 109th Avenue (Wash. Co. Tax
Map 2S1 LOAD, Tax Lot`a800) .
f
The Staff report was read by Haw rd. In the applicant's presentation Joe Van
Lom detailed the history of lanr OmVrship in the area; and the intention for
eventual extension of the road/across.the parcel as she:.-n. Iie acknowledged his
participation in the property /as the owner of an option on part of it. He
referred to the offer of Mr. Annand to 'gedicate a street to the City--an orfer
which has not yet been accepted. \%
Publictestimony was iven by Forrest`Hall, who reiterated his objections
on the ground of inadequate streets in the 4rea. Selby then called attention
to an old cemetery in the/r area. �•
{
Howard read the Staif recommendation.
In rebuttal Mr. Van Lom reported on the est mated traffic to be generated
by the two projects. Nie also pointed.out that moving the street as suggested
by Staff would depriv'Thim access to his parcel, l�pcated at the north end of the
site. r
Commission disc ssion covered located of extensl9n of 109th and possibility
for streets on the s ope to the west and south, and the location of the cemetary.
Speaker inquired whe her it would be practical to have _e Staff and the appli-
cant work out the e act location of the road. Howard s affirmed, with the
applicant having th right to appeal back to the Commiss on. Wood commented on
the approach the St ff could take on the location of the street across the proper-
ty since, although t is or may be owned by two parties, at present it is legally .
one parcel.
Speaker moved a�roval of ZC 9-79 based on Staff report and Staff reco=ren-
dations, with the amendment of Staff Recommendation 4 to the following: "That
the Staff is directed to work with the applicant to find a mutually agreeable
location for the road across the property to serve the area not yet developed-"
The motion was seconded and carried, with one no vote.
r
Tigard Property
1 . This proposal is to change the existing R-7 zoning to A-2
Multi-family Residential Zone to bring this property into
conformance with the Comprehensive Design Plan.
2 . The Comprehensive Design Plan designates this area as A-2.
This request is in conformance with that plan .
3 . There is currently a need for additional housing within the
community. PGE ' s current listing of vacancies in this area
g
shows the vacancy rate at 3.8%' which is well below the con- !
f
sidered average for multi -unit housing . This figure includes
r
those units now under construction and those units already f
rented but not occupied . The ' Thousand Friends of Oregon '
has released a study which shows that the significant
additional housing needs of the county cannot be met utiliz-
ing every piece of curreni.ly zoned developable land for that
purpose.
The public will benefit because this project will provide
additional housing to fill the needs of the community.
Those who wish an alternative to the larger project will be
able to find housing on a smaller scale.
4. The cost of housing now allows $55,000. for an average home
has put individual housing out of many peoples' reach, there-
fore additional housing types are called upon to fill this
need. The single-family home , once looked upon as the ideal ,
is no longer held in the same esteem as it once was . People
are looking for alternatives to the requirements of home
ownership. Those who are no longer willing or financially
able to own their own home but who wish to remain in the area
have an alternative to moving into the City.
5 . This location is ideal for housing of this type. The use
has already been established in this area. This particular
site has an extremely good view, very suitable for group
use rather, than individual home ownership. Because of the
nature of the area, single-family housing would be difficult
to justify in the area .
6. Surrounding this site on all sides are multi -family units
or property which is zoned under the Comprehensive Design
Plan for multi -family use. The impact of an additional
eleven units, having a total anticipated occupant load of 35,Will
not significantly affect the housing balance of the area .
This project will generate approximately six to nine school-
age children and 88 vehicle trips per day.
7. This project, with it's eleven units, will of course not have
a significant impact on any of the public services available
to the area . Certainly the public and fire protection will
not be hard pressed to add these units to the surveillance
already in existance in the Canterbury area since these
services are already available to the residents of the area.
;I