Resolution No. 85-34 CITY OF TIGARD, OREGON
RESOLUTION NO, 85
A FINAL ORDER IN THE MATTER OF THF APPISCATION FOR A ZONE CHANGE REQUESTED BY
DARWISH IDRISS j FILE NO. ZC 2-85, UPHOLDING THE PLANNING COMMISSION'S DECISION
AND DENYING THE APPLICANT'S APPEAL, ENTERING FINDINGS AND CONCLUSIONS.
WHEREAS, the Tigard City Council heard the above application at it's Regular
Meeting of May 6, 1985, Ryan O'Brien and hyo Idriss appeared on behalf of the
property owner. No testimony was given by others in favor or opposed to the
applicants.
The Council finds the following Facts in this matter:
1. The applicant, Darwish and Mo Idriss, requested a change in zone
designation on at 3.7 acre parcel from R-7 (Residential., 7 units/acre) to
R-12 (Residential, 12 units/acre) for property located on the east side
of Hall Blvd. , approximately 300 feet south of Ross Street (Wash. Co,
Tax Map 2S1 12CB, Tax Lots 1100 and 1200). The information supporting
this request is found in Planning File No. ZC 2-85.
2. The City staff recommended approval of the applica't'ion with conditions
in a staff report presented to the Planning Commission on April 2, 1985.
- 3. The Planning Commission conducted a hearing on the application on April
2, 1985 and voted 7-2 to deny the application.
4. The applicant, on April 15, 1985, appealed the matter, to the City
Council in accordance with Chapter 18.32 of the Tigard Municipal Code.
S. The City Council had before it the record of the April 2, 1985
proceedings at the Planning Commission. The Council conducted its
public hearing on May 6, 1985.
6, The relevant approval criteria in this case are the Statewide Planning
Goals 1, 2, and 10, and Tigard Comprehensive Plan policies 2.1.1, 7.1.2,
7.8,1, 8.1.3, 8.2.2, and Chapter 12, Locational Criteria.
Based upon the record in this case, the Council makes the following Findings:
1. Statewide Planning Goal #1 is met because the City has adopted a
Citizen's Involvement program includir-,g review of all development
applications by the Neighborhood Planning Organization (NPO). In
addition, all public notice requirements are met.
2. Statewide Planning Goal #2 is met because the City applied all
applicable Statewide Planning Goals, City Comprehensive Plan Policies
and Development Code requirements to the application.
3. Statewide Planning Goal #10 is satisfied because the proposal will
provide for housing as contemplated by the City Comprehensive Plz-,
RESOLUTION NO. 85- 3�1
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4. City of Tigard Comprehensive Plan Policy 2,1,1 is satisfied because the
.r Neighborhood Planning Organization and surrounding property ownEE-s were
given notice of the hearing and an opportunity to comment on the
applicant's proposal.
5. City of Tigard Comprehensive Plan Policy 7.1.2 is satisfied because
adequate service capacities are available in the immediate area.
G. City of Tigard Comprehensive Plan Policy 7,8.1 is satisfied because the
Tigard School District was informed of this proposal and no objections
were raised.
7. City of Tigard Comprehensive Plan Policy 8.2.2 is satisfied because
Tri-Met offers bus service to the area by Line #43.
8. The Locational Criteria in Chapter 12 of the Plan are partially
satisfied for the following reasons:
a. The property is within at "Developing Area" which is not committed to
low density development.
b. The parcel has direct access to Hall Blvd.
C. Development limitations are not evident. Hail Blvd, does have
adequate capacity to absorb additional traffic from the site.
t d. Public transit is available.
e. Convenience retail service is available at the Durham/Hall
intersection and general commercial and business centers are 1.5 to
2 miles away.
f. Public open space is available nearby at Cook Park, Durham
Elementary School and Tigard High School.
9. The R-7 zoning designation on the Tigard Comprehensive Plan Zoning
District Map, ;5-4opted in 1983, was placed on the property in an attempt
to provide for a transition area between R-12 properties toward Durham
Rd., and R 4.5 properties north toward Ross St. The property in
question is located within approximately 204- acres of R-7 land. A
change of only 3.7 acres of the R-7 area has not been justified.
The Council adopts the following Conclusions of law:
1. Based upon Findings 1, 2, and 3 above, the Council has determined that
the applicant's proposal meets the applicable Statewide Planning Goals.
2. Based upon Findings 8 and 9, the Council has determined that the zone
change is inconsistent with the zoning pattern establis` ed by the City
Council in 1983 for the area.
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RESOLUTION N0. 85- __�4
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NOW, THEREFORE, 8E IT RESOLVED by the Tigard City Council that:
The Council therefore Orders that the above referenced request is DENIED.
This resolution shall become effective upon its approval by the Council, and
signing by the Mayor.
PASSED: This 7hday of M',LA 1985.
or= City of Tigard
ATTEST:
LAdputy City Recorder — City of Tigard
(1371P)
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RESOLUTION NO. 85—
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