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Ordinance No. 80-42 CITY OF TIGARD, OREGON ORDINANCE NO. 80- 7./'L_- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 1S1 35AC, Tax Lot 700, Project Address adjacent to north side of SW North Dakota, 2.101 east of SW 95th Avenue and 250' west of SW 92nd Avenue. File Number ZC 5-80, Present Zoning Designation Washington County RU-4, Zone changed to City of Tigard R-7 "Single Family Residential", Applicant Dennis R. O'Neel. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as Washington County RU-4, and further findings that pursuant to procedures, the abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on April 15, 1980. All interested persons were afforded an opportunity to be heard at this public s hearing and thereafter the Planning Commission filed its report with the City Recorder, a copy hereto attached and by reference made a part of. The Council adopts the following substantive findings: A. That this application is in conformance with the R-7 "Single Family Residential" Designation on the NPO #2 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. ORDINANCE NO. 80- ZC 5-•8a h Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, Exhibit "C": - Staff Report z And further subject to the following conditions: 1. Ralf street improvements to be made to SW North Dakota across the full ( 130 foot frontage of lots 701 and 700 to connect with improved street to the west. Applicant to construct half street improvements from SW North Dakota, north approximately 350 feet to northern property line to local street standards. This street to be constructed, if possible, in conjunction with the development immediately to the east. (Bill Godwin, GBI, Inc.) All construction plans to be approved by the Public works Director prior to the issuance of Building Pe units. it Necessary right-of-way to be dedicated in conjunction with dedication by property owner to the east to allow for construction of local street. 2. Zone Change to be conditional upon Council's passage of annexation ordinance following receipt of final order from Boundary Commission. 3. All utilities to be placed underground when development takes place. 4. Property owner to file subd visio,� application for this property in the future. 5. Grading plans and construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 6. No 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. 7. No Building Permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 8. Improvements to be bonded prior to issuance of Building Permits. 9. A public gravity sewer be constructed on the north/south street stub to be connected to the SW 95th Avenue sewer line via an easement. This sewer line to be constructed if possible in conjunction with the develc;pment immediately to the east. 10. A variance to R-7 lot size standards be obtained to create four (4) lots on this site at the time of application for. a Subdivision Preliminary Plat. ORDINANCE 80-Lh 5-80 Page 2 SECTION 3: This ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: ByG[nanlniok.k vote of all Council members present this jq --- day of /k 0.u_ _ __ , 1980, after being read two times by number ani title only. i Recorder - City 'of Tig� APPROVED: By the Mayor this / 9 day of a , 1980. or - of Tig =ti a a 01-RDINAN 80- 47 ZC 5-8© Page 3 LEGAL DESCRIPTION Adjacent to Horth Side of S.W. North Dakota 210' West of S.W. 95th Avenue and 250' East of S.W. 92nd Avenue (Washington County Sax Map 1S1 35AC, Tax Lot 700) EXHIBIT "A" i Y ► L , • - __. ._ Y'-c:._,..� rte.. t.:i < .-•. •.�' N {l:• .,._ 1 / %/./U/,:G//..:,,-:•:.'--;-�^:":.;7-;.r-`�i'y`;;.fr..r7i'r?,i4i.�..i :,"'s""""`.*n"7J'•�*-- . / sou 95 95 fh AVE cP N0. 1018 6244 '' 7d Z" o _ � _ ` •J JNQ'O'W i N tV O tv u_ f,C c- �� ry N O •�• � I�1.l.•.. :.��. ;�...� �iratl f.:f Y"v --7.33 aW. 94th AVENUE `' s � � % C)a f. "� O G C t31.Y r ( " _ 27fiSi �P- ti Cif ;Qf.33 ti CJ1 'a O o n P3 - I r2s.3f 7s ss 259 2'I'a5 r 633.2E S C°f0.w 367.31 V r .G CA I S-W 92nd u AVENUE a Il t00 STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION April. 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut, Tigard 1 DOCKET: ZONE CHANGE, ZC 5-80, Dennis O'Neel APPLICANT: DENNIS R. O'NEEL OWNER: Harold & Patsy Lane 10175 SW Barbur Blvd., Suite 211-B P O Box 801 Portland, Oregon 97219 Antioch, California 94509 APPLICATION DATE: March 20, 1980 SITE LOCATION: Adjacent to north side of SW North Dakota, 210' west of SW 95th Avenue and 250' east of SW 92nd Avenue (Wash. Co. Tax Map 1S1 35AC, Tax Lot 700) NPO #2 REQUEST: For a Zone Change from Washington County RU-4 to City of Tigard R-7 "Single Family Residential" Zone. PREVIOUS ACTION: a 1 . Proper'-y was annexed to the City of Tigard by Boundary Commission Final Action Numbe 1557, and Resolution Number 80-2 passed by Tigard City Council 1/14/80. I. FINDINGS OF FACT: 1. Neighborhood Planning Organization #2 Plan adopted by the Council 2/24/75 designates this parcel as R-7 "Single Family Residential". 2. Development on Lots 501, 502, 500, adjacent to the east by Bill Godwin (reference IMP 3-80) will include a half street improvement to local street standards to the approval of the Public Works Director. 3. Gravity sewer service to this area may be difficult due to the slope away from the main line in SW North Dakota. 4. Actual plans for development have not been submitted to staff for review. Applicant indicates that 4 single family homes could be built on this site if a variance for area standards was approved by the Planning Commission. II. CONCLUSIONARY FINDINGS: 1. This request is in compliance with the Comprehensive Plan. A t STAFF REPORT AGENDA 5.7 s \ TIGARD PLANNING COMMISSION April 15, 1980 ZC 5-80, Dennis O'Neel [ Page 2 III. STAFF RECOMMENDATION: R ` Staff recommends approval subject to the following conditions: 1. Half street improvements to be made to SW North Dakota across the full 130 foot frontage of lots 701 and 700 to connect with improved street to the west. Applicant to construct half street improvements from SW North Dakota, north approximately 350 feet to northern property line to local street standards. This street to be constructed, if possible, in conjunction with the development immediately to the east. (Bill Godwin, GBI, Inc.) All construction plans to be approved by the Public Works Director prior to the issuance of Building Permits. Necessary right-of-way to be dedicated in conjunction with dedication by property owner to the east to allow for construction of local street. 2. Zone change to be conditional upon Council's passage of annexation ordinance following receipt of final order from Boundary Commission. 3. All utilities to be placed underground when development takes place. 4. Property owner to file subdivision application for this property in the future. 5. Grading plans and construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 6. No 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. i 7. No Building Permit shall be issued until the .expiration of the twenty (20) day appeal period from the date of approval. S. Improvements to be bonded prior to issuance of Building Permits, 9. A public gravity sewer be constructed on the north/south street stub to be connected to the SW 95th Avenue sewer line via an easement. This sewer line to be constructed if possible in conjunction with the develop- ment immediately to the east. STAFF REPORT Ar AGENDA 5,7 WE t'IGARD PLANNING COMMISSION April 15, 1980 ZC 5-80, Dennis O'Neel Page 3 10. A variance to R-7 lot size standards be obtained to create four (41, lots on this site at the time of application for a Subdivision Preliminary Plat. Prepared b d lanning Director AHvmc Ef ,rt