Ordinance No. 79-59 CITY OF TIGARD, OREGON
ORDINANCE NO, 79-,dti
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY STEVEN JOLIVETTE
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE
DISTRICT FOR A TRACT OF LAND AT 12800 S.W. WALNUT AND DEPICTED ON WASHINGTON COUNTY
TAX MAP 2S1 4AD, TAX LOT 3500, FROM WASHINGTON COUNTY RS-1 TO CITY OF TIGARD R-15
"SINGLE FAMILY 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 Washington County "RS-1" and further findings
that pursuant to prescribed procedures, the abovestated application for a zoning
map amendment was heard in a public hearing held by the Tigard Planning Commission
on June 19, 1979, and all interested persons were there and then afforded an
opportunity to be heard, and thereafter the Planning ConTii.ssiun 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 Low Density
Residential designation of NPO #3 Plan, and
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-15) 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,the applicant dedicate ten (10) foot right-of-way along the
frontage of the subject site on S.W. Walnut Street. and sign a non-
remonstrance agreement prior to issuance of Building Permits and not
remonstrate against any sidewalk improvements along SW Walnut Street.
2. That construction and drainage plans be submitted and approved by the
City Engineer and Building Departments prior to issuance of building
Per-miis
Per-ml
3. Na changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
ORDINANCE NO. -
z,C 19-79
:
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
L 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 LLn&n j a1j2w,% vote of all Council members present this 2�_f _
ink read
be' two times b
day of � ,� 197 , aftery number
and title only
Recorder - City of Tiga
APPROVED: By the Mayor this x,23 rd day of ��_`„ , 1979.
YvY
YL
'Mayor - City of Tigard
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PATE 2
ORDINANCE No. 79
ZC 19--79 ;
Attachment_
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�r- -..- . - c - H I t QTIY-Fn H.m
(individual or Corporation) C @"
PAUL EDW.RD LtIN.•CA�TE>?,s1Pa.4EA3 G>.L.,,tANCA5TEp ....... .
3 Grantor, conveys and warrants to ........ATFIVEN.L:.JQUVETTE.....................................
..............................................................................
Grantee, the following described real property free of encumbrances except as specifically set forth herein:
PER LEGAL. DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF:
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A tract of land in Section 4, Towns:,;, 2 South, P.ange 1 West,
Willamette Tieridian, Washington County, Orcg•m, more particularly
described as follows:
Beginning at the South'.aest corner of that tract of land as de:;cribud
in deed to Kenneth Olson, et ux, recorded in Book 411, pa7r. 50(1,
Washington County, Oregon, Deed Records, said point being 680.5 feet
West from the East quarter corner of Section 4; thence SouUt 8<)'
r� 18' West 174 feet to a point; thence North 1' 16' West, parallel
with the West line of said Olson Tract, 656.0 feet, mare or less,
to a point in the center line of County Road NO. 93.1; thence
Norl.h 89' 22' East on said center Linc 174 rc•et to t11-:! por.t_hwcta:
corner of said Olson tract; thence South 1' 16' East 655.8 rout
to the point of beginning.
EXCEPTING T13ERSFROM that tract of land conveyed to E. Richar,l nn,lylrld,
et ux, by decd recorded June 8, 1973 in Book 928, page r14, Washi.wilon
County Records, more particularly described as follows:
A tract of land in the Southeast o.,_-_ri+arter of the 24or.theasi- one-tinarter
of Section 4, Township 2 South, Range l West, Willamette Meridian,
Washington County, Oregon described as follows:
Beginning at the Southwest Borter of that tract of land as d,:,c ril:•Q
io decd to Kenneth Olson, et ux, recorded .in Book 41i, p.1ge 50i.,
3:'ashington County, Oregon, Deed records, saki point beiuci South 8`.+°
18' ;Jest 680.5 fuut from the East quarter corner of Section 4; thence
South 89' 18' West 174 feet to a 5/8 inch diameter iron rorl; thencr
North 1' 15' 39" West parallel with the :Jest lirte of said Olson tr,ct,
655.52 feet to the center line of County Road Pio. 93,1, Erom wl,i.ch poi It
a 5/8 inch diameter iron rod bears South 1' 15' 39" East 20 feet thence
North 89' 22' East 40 feet on said renter line thence South 1' 15'
39" East parallel with the West line of said Olson tract 321.0 feet;
thence North 89' 22' East parallel with said centerline 134 feet- to
the West line of said Olson tract; thence South 1' 15' Sri" East on
said Olson line 334.3 feet, more or less, to the point of beginninri.
A.3 3•i"s rel i - �•1••n - 'i
- Notary Pub';-for Oregon `—
My cdr-aasaonexpi:es: Sept. 24, 1980
• If the con3ideration consists of or includes other property or value, add the following�f
"Thn actual consideration consist;of or includes other property or value given or promised which is part of the whole consideration
(indicate vrhiCh)".
Paul. Ellvard. i,,.........
Lat .ester...............................................
......................I........................
Grantor's Name and Address
..•••. STATE OF OREGON
Steven.L,.Jola ce ate...............,..• County of 4Vashington SS
:....................................................... 1, Roger Thon ss n. Director of P—ords
Grantee's Meme and Adlress. and V,oiaas and Ex-officio Recorderof con•
veyances for said county,do hereby ertCiry that
After!^_C:.ruing return sothe within.instrument of w itinq was reoled
S .1, AjQliv.e'.t te, and recorded in book of nreorde
l Son.P1n No.
Caunbl
...GA_a..ton�,4reg�p..`37027..................... _
Name, Adlr:ss. Zip -
ivitness my hood and mat arfix xl.
U.1!11 is regtjested ail tax ste!emen;s sh3!I be ser'q 10 the V RGGER iHONSS:N..Ctrec:ar o!
In{0 nn +Ss. �5...... Records�. Etvct+ens'
Ste yn L Johve....
8369 Ca a on Rd �
Glad �p erOR>goz 97027 {id�rX�� autuyy
Mame, Add.,,s. Zip ,,,� p�J�'•
d ` 57
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L-301 Q'ey n 5 I t3 r w
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STAFF REPORT
AGENDA 5.4a
TIGARD PLANNING COMMISSION
June 19, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket. Zone Change ZC 19-79 (Jolivette Construction - Re: CU 12-79 and
MLP 12-79)
Applicant: Mr. Steven Jolivette Owner: same
17017 S.E. McLoughlin Blvd
Milwaukie, Oregon 97222
Application Date: May 17, 1979
Site Location: 12800 S.W. Walnut Street (dash. Co. Tax Map 2S1 4AD, Tax Lot 3500)
Request: For a zone map amendment from Wash. Co. RS-1 to City of Tigard R-15
"Single Family Residential" zone on a .93 acre parcel.
Previous Action: 'lhe applicarit has a minor laird partitioa ayplicatioh in the City
pending the decision by the Planning Commission on the zone
change and conditional use request.
1. Prodi ngs of Fact:
1. The site is designated "Urban Low Density Residential" on the NPO #3
Plan and is currently.zoned :dash. Co. RS-1.
2. Applicable policy's from NPO, #3 Plan: Area site development - Policy
#4, page 13. Site and public improvements - Policy 5 and 6, page 14.
3. The site has two existing single story residences in the .southern
portion of the lot.
4. 'She surrounding land uses include single family dwelling to the east
and south and a vacant grassy field to the west.
5. lbe subject site will be served by Walnut Street which is a collector
street as designated in the NPO #3 Plan. The right-of-way for a col-
lector street is 50 feet and the pavement width is 44 feet. The
current rig:zt-of-way on Walnut Street is 50 feet.
6. water service is available from a 6 inch line on walnut Street.
7. Sanitary sewer service is available off of 128th avenue to the north
of the subject site approximately 120 feet.
II. Conclusionary Findings:
1. The requested zoning is in conformance with the Comprehensive Plan
for land use and size.
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STAFF REPORT
AGENDA 5.4a
y
TIGARD PLANNING COMMISSION z
,lune 19, 1979 - 7:30 P.M.
Page 2
ZC 19-79
2. S.W. Walnut Street requires an additional 10 feet of right-of-way along
the frontage of the subject site with half street improvements to col-
lector street standards. Walnut Street is currently in Wash. Co.
jurisdiction.
3. Sewer and water are available to the site.
III. Staff Recommendations
Staff recommends approval subject to the following conditions;
1. That the applicant dedicate ten (10) foot right-of-way along the
frontage of the subject site on S.W. Walnut Street with half street
i,?pxovements to collector street standards prior to issuance of Buildinr�
permits, --
2. . That construction and drainage plans be submitted and Approved by the
City Engineer and Building Departments prior to issuance of building
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 Wlby Reviewed by: Al card
Assn i to City Planner P1 an Director
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Steven L. `.ivette� i
.83ci9 Cason 0a
Gladstone, Oregon 97U27
April ib, 1979
City of Tigard
To 'Whora It May Concern;
Tax Lot 3500, 12800 S.W. walnut
Rezone present 93areas into 2 seperate lots. The back lot having 29,424
square feet and 1 home on it the 2nd a front lot of 15,390 square feet
would be perfect for a duplex.
the present situation has a large vacant area to the front and a home to
the back. The vacant area is more of a liability at the present as there
are many children inthe area and they want to play here. We have a
No Trespassing sign and asked our renters to not let the children play
on the land since they could get hurt and we could be held responsible.
The land is also riot large enough for farming nor would farming be
appropriate with the homes across the street .that are in the City-Presently
it sits vacant and needs to be mowed to keep the grass from getting too
high ural looking rangy. We would lire to put a nice loakin� dup?�x on
the property since the lot would be quite larce. rr�d a home would have �
ar. o versi zed lot compared to those across and down, the str edr toward Lhe
city proper.
A duplex would alsohave plenty of room for a nice yard with' each side
there are also apartments and duplexes in the .area so our request would
not 'disrupt any present situation.
The sewer lines run down Walnut Street so there would be no problem
with hookups and. city schools-and fire dis vrsc t. protection .is available.
1 would appreciate you giving this matter some thought and letting me
knoSv as to your:decision.
Thanking you in advance, 1 remain
Yours truly,
Steven L. Joli tte
MINUTES
TIGARD PLANNING COMMISSION
June 19, 1979 - 7:30 P.M.
Page 6
Speaker, stating he was persuaded by Commissioner Smith's comments on
the desirability of half-street improvements in spite of valid objections,
MOVED for approval of Conditional Use CU 12-79 based on Staff Findings and
Recommendations, including Recommendation 1 calling for half-street improvef_
ments. Helmer seconded, and the motion passed 5 to 3 on a roll call vote, wit
Helmer, Smi nj Funk voting no.
R LAND PARTITION MLP 10-79 (Ken Bowman)
An appeal by Ken Bowman in regards to denial of his minor land
partition by the Planning Director on May 9, 1979. The Site is
located at 92nd and Durham Road (Wash. Co, Tax Map 2S1 14A, Tax
Lot 400).
Since only the applicant remained in the audience, Howard read from the
STAFF REPORT only the RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was given by Ken Bowman. He described his
business of buying and moving old houses. In explanation of several minor
land partitions he dwelt at some length on houses he moved to partitioned lots
on his property at S.W. 92nd and Durham.
COMMISSION DISCUSSION AND ACTION: The dimensions of accesses into the
interior of his property were explained and discussed in relation to City
ordinances. The status of, and Mr. Bowman's relationship with the developer
of, Kneeland Estates, adjacent to his property, was discussed. The legality
of what was requested was extensively discussed. In general there was expres-
sion among the Commissioners that the applicant by repeated minor land parti-
tions was in effect circumventing the subdivision ordinances which are designed
to afford reasonable circulation; that proper circulation could be secured by
the installation of a standard 50 foot street; that with the vacant property on
two sides it should be possible to work out a reasonable solution for good
circulation without reliance on a ten-foot easement; that since he was still
the owner of the property he could if he so chose put in a standard street to
serve lots to the rear of his parcel.
After extensive discussion,. Smith MOVED for adoption of the Staff
Recommendation to uphold the denial of Minor Land Partition MLP 10-79 by the
Plann�.ng Director. Speaker seconded the motion which passed unanimously.
OLA BUSINESS
Howard reported there has been no response as yet to the letter from him
to the City Attorney regarding floodplain encroachment by other governmental
agencies, as requested by President Tepedino.
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MINUTES
TIGARD PLANNING COMMISSION
June 19, 1979 - 7:30
Page 5
Howard read the STAFF REPORT arid RECOMMENDATIONS. The APPLICANT'S PRE-
SENTATION was made by Steven Jolivette, the owner and applicant. Fie asked if
a simple dedication of the right-of-way asked for without half-street improve-
rents could not suffice.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: where was discussion of half-street
improvements--their cost, the advisability of a short stretch on a County road
which may be improved later, the equity when the development will generate
little traffic, etc. Howard outlined the extension of 135th southward from
Walnut Street, together with annexations foreseeable within the next couple of
years.
Smith moved for approval based on Staff Findings and Recommendations,
including half-street improvements. The motion was seconded by Helmer but
failed on a 4-4 tie roll call vote. Thereupon Wood MOVED for approval with
Recommendation 1 modified to call for a nonremonstrance agreement rather than
half-street irprovements. Knlleas seconded and the motion passed 5 to 3, with
Helmer, Funk and Smith voting no,
Smith spoke strongly in favor of half-street improvements and the precendent
► this action would have on other requests on walnut Street.
5.4b Conditional Use CU 12-79 (Jolivette Construction)
A request by Steven .L. Jolivette for a conditional use pezmit to construct
a duplex in an R-15 "Single Family Residential" zone on a .93 acre parcel,
located at 12800 S.W Walnut Street (Wash. Co. Tax Map 2S1 4AD, Tax Lot
3500) .
The President ascertained only the applicant in the audience was interested
in this item, so from the STAFF REPORT Howard read only the RECOMMENDATIONS,
There was no PUBLIC TESTIMONY.
In the APPLICANT'S PRESENTATION Mr. 3olivette answered questions from
Commissioner Smith about the nature of the building contemplated. The
applicant stated he was planning one small two-bedroom and one small three-
bedroom unit in the duplex, which would be rented. He explained the configuxa-
tion of the building already on the back of the lot and the nature of the family
situation of the current tenants, for which it was well suited. The propriety
of the duplex development was brought up. Smith stated as a developer he would,,, may,
not want to build a single-family residence on Walnut street, but that he thought
it desirable for duplexes.
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