Ordinance No. 74-19 CITY OF TIGARD, OREGON
ORDINANCE NO. 74-A__
AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY
"^• AND nin�.rnt AS ROT,i.TNG HILLS AREA FROM
OF TIGARD IiEhr:rOF'ORE DESIGNATED
WASHINGTON COUNTY ZONING AND USE CLASSIFICATIONS TO EQUAL AND COM-
PARABLE `I.0+Ii1G AND USE CTARSTFTCA`PIONS OF THE CITY OF TIGARD THEREBY
BRINGING SAID AREA RECENTLY ANNEXED TO THE CITY OF 11 AND IaTO
CONFORMITY WITH AND SUBJECT TO THE ZONING ORDINANCES AND REGU-
LATIONS OF THE CITY OF TIGARD AND TERMINATING THE APPLICABILITY
THERETO OF WASHINGTON COUNTY ZONING ORDINANCES OR REGULATIONS;
FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
1Rli CITY�.ITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that certain area heretofore
designated as "Rolling Hills" area, as more particu-
larly described on the attached Exhibit "A", and by this reference
made a part hereof, was annexed to the City of Tigard by recent
order of the Metropolitan Boundary Commission and confirmed
by city Ordinance, and that said lands were heretofore subject
to zoning and land use jurisdiction of Washington County, Oregon,
pursuant to Section 227.310 ORS.
Section 2: That the City Council further finds that after due
and legal notice as by City ordinance required, a
hearing was duly and regularly held by the City Planning Commission
On Fehriiary 19a t 474 and Ia-b 5 t Q7L 3
ded an'opportunity to be
whereat all interested persons were affor
heard with respect to the conversion and transition of the said
lands described in Exhibit "A" from County zoning and land use
jurandition and use classificationsiassprovidedto abybthele aordinancesnd equal oofng
land
the City of Tigard, and thereafter the Planning Commission,
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suant to Section 18.56.040 of the Tigard Municipal Code, �
findings and recommendations as hereto attached, marked Exhibit "B",
and by this reference made a part hereof.
Section 3: The Council further finds that after due and legal
notice a hearing was duly and regularly held by the
Council at its regular meeting of Mard, 25, 1974 amid
XXXXXXXXXXXXXXXXxxxxX4 whereat all interested persons and the general
public were afforded a further opportunity to be heard with re-
spect to the proposal to transfer zoning and land use jurisdiction
from Washington County to the City of Tigavd and to redesignate
the classifications and uses of said lands from Washington County
designation to equal and comparable classifications and uses of
the City of Tigard. The Commission's findings as filed with the
Council are hereby adopted as the findings of the Council.
Section 4: In accordance with the foregoing and in conformity
with the Zoning Ordinances and Regulations of the City
of Tigard each of the tracts and ownerships of lands described in
the attached Exhibit "A" and the zoning use classification of each
thereof be and the same is hereby changed and reclassified from
the Washington County use classification hereinafter set forth as
applicable to each tract and ownership to the equal or comparable
City of Tigard zoning and use classification hereinafter app
ear
ing and each and all of said tracts are hereby subject to the
requirements,of Title 18 of the Tigard Municipal Code applicable
to each of said land and use classifications:
Page ,1 ORDINANCE No. 74-_��
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Washington County Use City of Tigard Comparable
Classification and Equal Use Classification
RU-4, Urban Residential R-7, Single Family Residential
District to District
MA-1, Limited Manufactur-
ing-Production Dis- to
trict
Section 4: Inasmuch as it is necessary in order to preserve the
integrity of the land use regulations and to provide
for the immediate transfer of the lands described on Exhibit "A"
fro;. Co„rte, Zoning regulations and jurisdiction to City zoning
regulations and jurisdiction and to enable the City of Tigard
to provide for the proper utilization and use regulations of
said lands, in order to protect the public interest and the peace,
health and safety of the people of the City of Tigard, it is
necessary that this Ordinance become effective with the least
possible delay, and therefore an emergency is declared to exist
and this Ordinance shall be effective upon its passage by the
Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present,
after being read three times by number and title
only, this
tth day of April, 1974.
C”
Recorder - Cit of T'i&ard
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APPROVED: By the Mayor this Btu. day of April, 1974•
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Mayor City ro;' Tigard
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Page 2- ORDINANCE No. 74- /9
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Rolling Hills
EXHIBIT "A"
That portion of land in Section 1, Township 2 South, Range 1 West, Wiliamette izcr u�v•.,
ria„ir, County. Oregon, being more particularly described as follows:
•
Beginning at -the stone marking the Southwest corner of the Peter Halter 10 acre
tract in the W. W. Graham D.L.C. No. 39- in said Section 1; thence West 10 feet
to a pipe; thence North 340.3 feet to the Southeast corner of that tract of land
conveyed to Keith R. Peterson & Carl S. Spitznagel, Book 731, Page 917, Deed Records
of said County; said Southeast corner of the Peterson & Spitznagel tract of land
being the True Point of Beginning of this description; thence running West, along
the South Boundaly lirte of the Peterson & Spitznagel tract of land, a distance of
334.7 feet to the Southwest corner theroof; thence North, along the West boundary
line and along a Northerly extension thereof of the Peterson & Spitznagel tract
of land, a distance of 313.3 feet, to a point of intersection with the centerline
of 40 foot wide County Road No. 245 (SW Hunziker Road); thence Northwesterly, along
the centerline of County Road No. 245, a distance of 345.5 feet, more or less, to
the Northwest corner of that tract of land conveyed to Sam R. Jost et ux, Book 336,
Page 534, Deed Records of said County; thence South Ol° 14' 30” West, along the
West boundary, line of the Jost tract and along a Southerly extension thereof, a
distance of 758.7 feet, more or less, to the Northwest corner of Rolling Hills,
a subdivision of record in said County; thence South 01° 22' West, along the West
boundary line of Rolling Hills Subdivision, a distance of 671.29 feet to the Southwest
corner thereof; said Southwest corner of Rolling Hills Subdivision also being the
Northwest corner of Rolling Hills Plat No. 2, a subdivision of record in said County;
thence South 01° 40' West, along the West boundary line of Rolling Hills Plat No. 2,
a distance of 480.0 feet to the Northwest corner of Lot 35 thereof; thence North 77°
57` 40" East, along the North boundary line of Lot 5, a distance of 229.91 feet
to the most Northerly corner of Lot 35; thence Southerly, on a 200 foot radius
curve to the left, along the East boundary. line of Lot 35, an are distance of 80.06
feet to the most Easterly corner thereof; thence South 54' 58' West, along the .
Southeast boundary line of Lot 35, a distance of 243.53 feet to the most Southerly
corner thereof; thence South 41° 51' East, along the Southwest boundary line of Rolling
Hills Plat No. 2, a distance of 161.38 feet to the Southerly most Southwest corner of
said Rolling Hills Plat No. 2; thence South 88° 481 East, along the South boundary
line of Rolling Hills Plat No. 2, a distance of 770.57 feet to the initial point
thereof; thence continuing South 88° 48' East, along an Easterly extension of the
South boundary line of Rolling Hills Plat'No. 2, a distance of 10.0 feet to a point
on.the West right-of-way boundary line of 40 foot wide S.W. 74th Avenue; thence
South 0° 59' 50" West, along the said boundary line of S.W. 74th Avenue, a distance
of 44.0 feet, more or lass, to a pointof-intersection with a Westerly extension
of the North boundary line of that tract of land conveyed to Leo & Betty Van Vors t,
Book 363, Page 352,. Deed Records of said County; thence; South 890 24' East, along
the said extension and North line of the Van Vorst tract and continuing along a.
Easterly extension thereof, a distance of 350.0 feet to a point, of -intersection with
the East line of the William Graham D.L.C. No. 39; thence North, along the East line
of the said Graham D.L.C. No. 39, a distance of 500 feet, more or less, to the
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Southwest corner of Varns Acres, a subdivision of record in said County; said
Southwest corner of Varns Acres being a point in the center of 40 foot wide County
Road No. 472 (S.W. 72nd Avenue); -thence North 890 19' 30" East, along the South
boundary line of Varns Acres, a distance of 461.15 feet to the Northeast corner
of that tract of land under contract to Ace Electric Company, Book 887, Page 730,
Deed Records of said County; thence South, along the East boundary line of the said
Ace Electric Company tract, a distance of 340.29 feet to the Southeast corner thereof;
said Southeast corner being a point on the North right-of-way boundary line of 50
foot gide S_W. Sandburg street; thence Sm th 88° 53' East, along the said right-of-way
c ?11-
.0 feet to an iron pipe
boundary line of said S.W. Sandburg Street, a distance of No. 43- thence North 02° 33' 20" East,
in the West line of the .James Hicklin D.L.C. ,
along the West line of the said Hicklin D.L.C. No. 43, a distance of 340.29 feet
to the Northerly Northwest corner of the said Hicklin D.L.C. No. 43; said Northerly
Northwest corner thereof being a point on the South line of said Varns Acres
subdivisiu«; g=ene^ North 890 19' 30" East, along the South line of Varns�Acre%,
a distance of 330 feet to the Southwest corner of Lot 4 of Yaiu� nares' ...�..c�
Ncrth, along the West line of Lot 4 of-Varns Acres a distance of-75.0 feet, more or
less, to a point of intersection with the Southwest right-of-way
Ehenceoundary line of along
State Secondary Highway No. 144 (Beaverton-Tigard Highway); yr g
the said Southwest boundary line of State Secondary Highway No. 144, to a point of
intersection with the East boundary line of Lot 12 of. said Varns Acres; thence
South 00° 45' West, along the East boundary line of Lot 12 and along a Southerly
extension thereof, to a point of intersection with the centerline of 50 foot wide
County Road No.' 1286 (S.W. Varns Street); thence South 89° 26' 45" West, along the
centerline of said County Road No. 1286, a distance of 322.61•-feet to a point of
inte^section with a Southerly extension of the West boundary line of said Lot 12;
said West boundary line of Lot 12 also being the East right-of-way boundary lira of
County Road No. 472 (40 foot wide S.W. 72nd Avenue); thence' North 00° 42' East,
along the said extension and West boundary line of Lot 12, a distance of 662.11 feet
to the Northwest corner of Lot 12; thence North 89° 34' East, along the North
boundary line of Lot 12 and continuing along the North boundary line of Lot 11 of
said subbivision, a distance of 450 feet, more or less, to a point of intersection
with the Northeast right-of-way boundary line of State Secondary Highway No. 144
(Beaverton-Tigard Highway); thence Northwesterly, along the said Northeast boundary
line of State Secondary Highway No. 144, a distance of 700 feet, more or less, to
a point of intersection with the South right-of-way boundary line of 60' foot wide S.W.
Hampton Street; thence South 89° 05' West, along a Westerly extension of the South
boundary line of 60 foot wide S.W. Hampton Street, a distance of 80 feet, more or less,
to a point of intersection with a Northerly extension of the Eat right-of-way boundary
line of 40 foot wide County Road No. 472 (S.W. 72nd Avenue); thence Southerly, along
the said extension of the East right-of-way boundary line of County Road No. 472,
a distance of 210 feet, more or less, to a point of intersection with an Easterly
extension of the centerline of 40 foot wide County Road No. 245 (S.W. Hunziker Street);
thence South 89° 44' West, along the said extension of the centerline of County
Road No. 245„ a distance of 765 feet, more or less, to a point of intersection with '
a Northerly extension of the Southwest right-of-way boundary line of State Secondary
Highway No. 144 (Beaverton-Tigard Highway); thence Southerly, along the said
Northerly extension of the Southwest right-of-way boundary line of State Secondary
ance of 20.0 feet to a•point of intersection with the South
Highway No. 144, a dist
right-of-way boundary line of said County Road No. 245; thence Southerly and South
easterly, along the Southwest right-of-way boundary line of State Secondary Highway
No. 144, to a point of intersection with the East boundary line of the said Peterson
& Spitznagel tract of land; thence South 000 43' 30" West, along the East boundary line
of the said Peterson & Spitznagel tract of'land, a distance of 255 feet, more or less,
to the Southeast corner. thereof; said Southeast corner of the Peterson & Spitznagel
tract of land being the True Point of Beginning of this description.
r Page 2 FINAL ORDER
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TIGARD PLANNING COMMISSION
Staff Repoit
February 19, 1974
Agenda Item 4.2
ZC 4-74 (City of Tigard )
Zone Change_
For properties within the ace a commonly known as the "Rolling Hills" area,
generally located along both sides of S.W. 72nd Avenue between SW
Iiunziker Street and SW Sardburg Street and comprising 62 acres.
Applicant
City-of Tigard _
Applicant's Re uuest
Approval of a change in zoning classification from the existing County zoning
to comparable City zones. Those requested changes are summarized as follows:.
Existing County Zoning Proposed City Zoning
i - From:RU-4 (old R-7), Urban Residential District To: R-7, Single Family Residential
MA-1 (old M-2-3-4), Limited Manufacturing C-P, Commercial Professional
Production District
Applicant's Proposal
To facilitate administration of Tigard's zoning code by bringing County
zoning into conformity with the City's zoning ordinance.
Staff Findings
1. Oregon Revised Statues, Chapter 227.310 states the following with
regards to zoning in annexed areas.
"Zoning and land use regulations applicable to area outside city
continue to apply to area when included within city until altered
or discontinued by city. Zoning or land use ordinances or zoning
regulations applicable to any area not within a city shall not cease to
apply to the area merely because such area is later included within
a city, but shall continue to apply until altered or discontinued by
the legislative body of the city in a manner provided by law."
2. Tigard Municipal Code, Section 10.12.020 Annexations states the
following:
"Zoning regulations applicable ,to an area prior- to annexation to the
city shall continue to apply and shall be enforced by the city until
a zone change for the area has been adopted by the city council..."
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3. With one exception, the subject "Rolling Hills' area is zoned RU-4
Urban Residential District. A small triangular parcel on the eastern side
of the subject area, adjacent State highway 217, is zoned MA-1, Limited
Manufacturing Production District and is occupied by two office structures.
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gage 2 Staff Report ZC 4-74 (Ci_y of Tigard)
Zoning south and west of the subject area is generally industrial; zoning to
the north of the subject area is multi-family and industrial; and zoning
to the east across Highway 217 is generally commercial-professional.
4. The existing land use pattern within the subject area is described
as follows:
West of SW 72nd Avenue.
Single Family Residential uses interspersed with undeveloped properties.
East of SW 72nd Avenue.
Largely vacant with two single family dwellings and two office structures.
The existing lands use pattern adjacent the subject area is as follows:
Westerly.
Undeveloped property with industrial uses farther west.
Southerly.
Undeveloped property with industrial use farther south.
Easterly.
State Highway 217; Sandburg Street Office-Industrial area;
Lincoln Properties and Farmer's Insurance office complexes;
undeveloped acreage.
Northerly.
Multi-family dwelling; undeveloped property and some warehousing and
industrial uses.
S, The Tigard Community Plan designates the western side of S.W. 72nd Avenue,
within the subject area, as Urban Low Residential stating "the predominate
use in these areas will be single family housing,.`
The Plan designates the eastern side of S.W. 72nd Avenue, within the sub jec t
area, as General Industrial stating the following objectives:
To provide locations for a wide range of industrial uses that are
compatible with one. another.
To protect land designated for industry from encroachment by uses which
are not compatible.
To encourage the location of industry that will provide employment and
that will broaden the tax base of the community.
b. The City currently has an application for a zone change to C-P, Commercial
i•_ Professional on property located adjacenttheeasterly,side of S.W. 72nd Avenue.
The proposed zone change includes approximately 10 acres of undeveloped land.
7. Office uses are permitted within the County MA-1 district and the City
M-4 Industrial Park zone.'
S. Generally, professional office uses are more compatible with single family
residential neighborhoods, than industrial uses.
�r t'age 3 Staff Report ZC 4-74 (,.ty of Tigard)
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j ( Staff Recommendation
Approval of the City's request to change existing County zoning '
ciassifica .ior=s t:, comparable CA ty zones and to reflect existing uses more
compatible with an existing single family residential neighborhood. The
a d char o-F of zone classification are as follows:
r2�.^.TS�.^.n.,C.. .,, 7b..5 � r
. All County R'J=4, Urban Residential District to a City R-7, Single Family
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Residential zone.
The eicisting MA-1 Limited Manufacturing- Production District,
' containing two office structures, to C-P, Commercial Professional
zones.
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i TIGARD PLANNING COMMISSION
Staff Report
March 5, 1974
Addendum to February 15, 1974 Staff Report
Agenda Item 4. 2
ZC . -74 (City of Tigard)
Zone Change
For properties within the area commonly known as the
"Rolling Hills" area, generally located along both
sides of S.W. 72nd Avenue between SW Hunziker Street
and SW Sandburg Street and comprising 62 acres.
Applicant -
City of Tigard
Applicant's Request
Approval of a change in zoning classification from the
existing County zoning to comparable City zones. Those
requested changes are summarized as follows:
Existing County Zoning Proposed City_ Zoning
From: RU-4 (old R-7), Urban Residential To: R-7, Single Family
District Residential
MA-1 (old M-2-3-4), Limited Manu- C-P, Commercial
facturing Production District professional
Applicant's Proposal
To facilitate administration of Tigard's planning
effort and to carry out the intent of the Tigard
Community Plan by bringing .County zoning into conform.-
ity with the City's zoning ordinance.
Staff Findings
1. See staff report of February 15, 1974 for additional
findings.
2. The staff finds the City's proposal to change the
existing County MA-1 (old M-2-3-4) Limited Manu-
facturing Production District to a City CP,
Commercial-Professional zone is not in conformance
with the Tigard Community plan, said Plan des-
ignating the area "General Industrial". Nor, is the
proposed zoning change consistent with the City's'
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request to approve a change of zoning classifica-
tion to comparable City zones. The County MA-1
and City C--P zones are only marginally comparable. t
Consequently, the staff wishes to revise its tenta—
tive recommendation to reflect these findings.
Staff Recommendation
Approval of the City's request to change existing County
zoning classifications to comparable City zones. The
recommended changes of zone classification are as follows:
All County RU-4, Urban Residential District to
a City R-7, Single Family Residential zone.
The existing MA-1 Limited Manufacturing - Pro- j
duction District, containing two office structures, f
to an M-4, Industrial Park zone.
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8. Ball moved to approve the request for the parcels zoned RU-4 to R-7 and
B-2 & B-4 to C-3, Nicoli seconded the motion.
9. Hansen asked what would be accomplished by delaying consideration's on the
properties zoned RU-20 because the only aparhnent zone the city has is the
A-2 zone having the lower density. In the final analysis the only choice the
City would have would be to change the zone to A-2 anyway and this would only
prolong the decision.
10. Ball replied that changing the RU-20 zone to A-2 at this time, would pre-empt
the property owner's opportunity to dicuss this matter with the Planning
Commission as to what their property rights are.
ii. Tile Cuiuuissiar. passed Ball's motion by an unanimous vote.
12. Ball' moved to deny the requested change from RU-20 to A-2. Nicoli seconded.
13. Fred Anderson stated that in terms of notice given (which was published
in the Tigard Times) he sees no reason that the notice given to the A-2
property owners should be any different than the notice given to any of the
other property owners. The fact that the monetary loss which may potentially
be incurred upon the A-2 property owners is greater or lesser than in other
zones should not have a bearing upon the notice which was given.
14. Ball's motion was put to a vote and failed with a majority voting against.
15. Hartman moved that the area now zoned RU-20 be changed to City A-2 zoning.
Sakata seconded and the motion passed by a majority vote.
16. Whittaker stated that he voted against the motion because he did not feel
the Planning Commission should pass a recommendation either for or against
approving the change from RU-20 to A-2 without first gaining testimony from
the affected property owners or at the very least, giving them the opportunity
to give testimony.
17. Anthony Maksym.of 72nd Avenue request of the Chairman that the minutes of
this meeting be kept for at least 90 days.
18. Whittaker responded that this would be done anyway and instructed the
staff to include in the record Mr. Maksym's request.
4.2 Zone Change - ZC 4-74 (City of Tigard)
A request by the City of Tigard to change existing County zoning within the newly
annexed Rolling Hills area to corresponding City zones. City proposes to change
County RU-4, Urban Residential District to City R-7, Single Family Residential and
County MA-1 (old M-4), Limited Manufacturing-Production District to City C-P, Commercial
Professional zoning., The subject area comprises 61.7 acres and is located on both
sides of S.W. 72nd Avenue between S.W. Hunziker and S.W. Sandburg Streets.
A. Staff Findings
1. Brooks rresented the staff findings relevant to this case.
PAGE 3 - COMMISSIO07 MIi UTES MARCH 5, 1974
B. Testimcn' & Cross Examination
1. Ray Ems of S.W. 72nd Avenue spoke stating that he was a developer of the
Rolling Hills subdivision and is interested in seeing the property rezoned
R-15 rather than the proposed R-7.
2. Anthony Maksym of S.W. 72nd Avenue spoke requesting the Planning Commission
change the zone from County RU-4 to City R-15.
3. Ball replied in response to the request that the zoning in Rolling Hills be
changed to R-15, that no such application was before the Planning Commission
at the present time. He said the Planning Commission has the choice of
either denying or approving the request. However, the Planning Commission
could send a recommended denial of the requested R-7 change to the City
Council with the recommendation that the staff initiate change from County
RU-4 to City R-15. —
C. Staff Recommendations
1. Staff recommended approval of the City's request to change the existing
county zoning classifications to comparable city zones and to reflect the
existing uses more compatible with an existing single family residential
neighborhood. The recommended changes of zone classifications are as
follows:
° All County RU-4, Urban Residential District to City R-7, Single Family
Residential.
° The existing MA-1, Limited Manufacturing-Production. District, containing
two office structures, to an M-4, Industrial Park zone.
D. Commission Discussion and Action
1. Hansen moved to approve the request based upon staff findings and according
to the following staff recommendation:
° All County RU-4, Urban Residential District to a City R-7, Single Family
Residential zone.
The existing MA-1, Limited Manufacturing-Production District, containing
two office structures, to an ISI-4, Industrial Park zonee.
2. Barkhurst seconded and the motion passed by unanimous vote.
3. Hansen made an additional motion requesting the staff to prepare a zone
change application requesting. a change from R-7, to R-15 zoning for the
residentially zoned properties.
4. Ball stated thatthePlanning Commission should not ask the staff to submit
a zone change request without considering its effects relative to the
Comprehensive Plan.
5. Barkhurst seconded the motion and it failed by a majority vote with Barkhurst,
Hartman, Nicoli and Hansen voting in favor.
PAGE 4 - COMMISSION MINUTES MARCH 5, 1974
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