Loading...
Ordinance No. 86-40 CITY OF TIGARD, OREGON ORDINANCE NO. 86- AN ORDINANCE ADUPTIaG FINDINGS AND COPJCLU1oTn?f- Tgp^O1E PLAN + AMENDMENT DCPA 6-86) AND ZONE CHANGE (ZC 6-86) PROPOSED BY THE CITY OF TIGARD �® (cocHRAN). .�..�.u�_..r WHEREAS, Madeline and William Cochran have requested a Comprehensive Pian Amendment from Low Density Residential to medium Density Residential, and a Zone Change from R 4.5 (Residential 4.5 units/acre) to R-7 (Residential 7 units/acre; and WHEREAS, the Planning Commission reviewed the proposal on July 8, 1986, and recommended denial of the amendment; and WHEREAS, a public hearing was held before City Council on August 11, 1986, to consider the Commission recommendation. THECITY OF TYGADD ORDAINS An CITY v. .,.vnna, vnun11v0 t7. FOLLOWS; Section l: The proposal is consistent with all relevant criteria as discussed in the July 8, 1986, Planning staff report to Planning Commission (Exhibit "A") Section 2: The City Council reverses the Planning Commission's recommendation for denial of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (map). Section 3: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: By �f1L�/7i�1'7t1-" _% vote of all Council members present after being read by number and title only, this __ day of1LT L1.sf ___ 1986 Y, t 11 t - Loreen R. Wilson, Acting City Recorder APPROVED: This 2_4:;5�day of _, 1986. s OE E. Cook, Mayor F ORDINANCE NO, $6- 4_ C) Page 1 All STAFF REPORT AGENDA ITEM 5.5 t„ -- TIGARD PLAN!,"-'NG COMMISSION F- 01-H OF TIGARD-T.^'..''N HALL i3i25 S.W. HALL TIGARD, OREGON 97223 TUESDAY, jULi o, 1386=7:30 PM J� i• i A. FACTS 1. General Znformacion +) CASE: Comprehensive Plan Amendment CPA 4-86 Zone Change ZC 6-86 REQUEST: For a Comprehensive Plan Amendment from Low Density Residential and a Zone Change from R-4.5 to R-7. COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: APPLICANT: City of Tigard OWNER: Madeline & William Cochran 9650 SW 47th Avenue Portland, OR 97225 LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1S1 340A Tax Lot 1600). 2. Background On September 24, 1979, the Tigard City Council approved Ordinance 79-88 which changed the zone district on property owned by the Cochran's at 10695 SW North Dakota from R-7 to R-5 (5,000 sq. ft. lots). In 1980, based on. that zoning, the Cochran's applied for and received approval s..,+ par -itien. with conditions from the Planning Director ror a MiT�a+.- e: in 1981, the Cochran's recorded the staff report with Washington County but did not record the partition map as instructed in the staff report approving the Minor Land Partition. Since the map was not recorded, the Wash. Co. Dept. of Assessment and Taxation did not partition the property on the tax maps or in their assessment records so, the property remained in one piece. During the Comprehensive Planning process, since the partition did not appear to have been recorded, the zoning assigned k with the surrounding ng to the. property was R-3.5; which was in conformance wi«� ���.� s.•....••- area. Recently Mrs. Cochran came in to discuss the Minor Land Partition ' with staff and was told that the approval had expired. Mrs. Cochran t - feels that the expiration ' occurred without her knowledge. She was instructed to write a letter to the. Council requesting that the Council ' y initiate a Comprehensive Plan Amendment on her behalf. At the June 9. 1986 City Council seating the Council voted to initiate the Comprehensive Plan Amendment. MFF REPORT CPA 4-86 A ZC 6-86 -- PAGE 1 3. Vicinity Information All of the surrounding properties are designated Low Density and zoned s t There is a small residence on the property which faces SW North Dakota. There are several overgrown trees and shrubs on the east side of the property between the house and SW 106th. SW 106th has been improved to City standards with sidewalks, drainage, and pavement width. SW North ^ aar+rcis althouah a dedication of Dakota is not improved w +mss .anti.. 0 i� provements, There is an right-of-way has been made iu a%a.vanTiv..w.... _...r. ___. _ open drainage ditch on SW North Dakota and there are no sidewalks. 5. Agency and NPO Comments NPO N7 has been notified of the application requPst but no written comments have -been submitted. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies 2.1.1, 6.1.1 and the locational criteria in Chapter 12. The Planning staff concludes that the above criteria are satisfied based upon the following findings: _ r. 1. Policy 2.1.1 is satisfied because the NPO has been informed and given an opportunity to comment and notice 'of the public hearing has been sent to nearby property owners. 2: Policy 6.1.1 is satisfied becau a the proposed rezoning will provide for a diversity of housing densities in the area. <s 3. The locational criteria are., satisfied because-the property.,is not committed to Bow density developaie�t. In addition land to the west and, south ! 'baa Pipet �s `undeteveloped> iRnd there is attached res gA�aa -�R4o tit ac3^v5th �t6 �At6� eality. S�W� } � " �1ALTMr vr]RM�'t�r� tlsa .,the ko North Da �r $ v: ra �ho �le`Yepfa4oe►s on truisporta4 ;� the �p P draiiareige: There 3s`publie= , . .it�n" w aila�ti*e t�ithiR-1/2 wile. C. RECOMENDATION Based upon the above findings arm conclusions, the olanniM. StAff recommends that the Planning Commission forward a recommendation of aaprov 1 of CPA 4=86 and ZC 6-86 to City Council AIM PREPARED BY• tlizib4th Newton APPR V 0 BY: William A.-Monahan Senior Planner Director of Community Development (EAN:bs117) STAFF REPORT - CPA 4-66 6 ZC 6-96 - PAGE 2 NE 1/4 SE 1/4 SECTION 34 T I S R I W W.M. e1 { WASHINGTON COUNTY OREGON !� SCALE I"= 1001 SEE MAP IS I 34A0 1/4 OWN mosamomw .- ex.9s 139. 1_, 40 134.29 ,.., "89 r3'W •INI I IAL i 1 r.:N•r•:�• w 1600 IT00 $ 1000 I / y 900 INITIAL PT,'- 3800 r• T tt1 9; nn 96AC .96AC 139.3 z Ik.l:. I 1 100134.28 ; 1144 •:II'4jn1 . •..� r •� 2 y V j o 800 +;,1 I'U!:!`I`5! _ i 1 8 A LL) Q Yl LL- 1200 L— i200 23,0* 1, 3 - 700 1300' 4 �84r 600 I 1 . `' tela Y 10 —, r ♦ '�—' 1 Y:., 1� .� 39�G IM, IaI�\ N r 1400 [[L, d (0 5 500 I500 LL- 6 �• I p h 6 + 1 s7- 400 , Y� 1903 N - 1• ./9AC. w 12 F , 160054T .5,rAc. 139.28 L• i .� a. 0 300 - - ---1 Y:.: p� 302 164.9 139 V I n D.2 N ':•19 63.1 e2.4: 60 p LL. � q 1 r T ORT —r 'C.R NO. 452 :. DAKOTA 67 4066. _ so ( 132'C-- 24000' 2500 2600 2700 2800 2900 30vil 3100 f•Af. /./NAC 66Ac' /.°6AC. 96.14 ti I A _ ' �3-74 _