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Ordinance No. 74-20 CITY OF TIGARD, OREGON ORDINANCE NO. 74- AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND KNOWN AS DERRY DELL AREA FROM WASHINGTON COUNTY ZONING AND USE CLASSIFICATIONS TO EQUAL AND COM- PARABLE ZONING AND USE CLASSIFICATIONS OF THE CITY OF TIGARD THEREBY BRINGING SAID AREA RECENTLY ANNEXED TO THE CITY OF TIGARD INTO 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. THE CITY OF TIGARD ORDAINS AS FOLLOWS: --ction 1: The City Council finds that certain area heretofore designated as "Derry Dell" area, as more particularly 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 "xxxxXXXXXXXXXXX73FPhrnar ]9. 1974 and1974 whereat all interested persons were afforded whereatto be heard with respect to the conversion and transition of the said lands described in Exhibit "A" from County zoning and land use jurisdiction and classifications to comparable and equal zoning and land use classifications as provided by the ordinances of the City of Tigard, and thereafter the Planning Commission, pur- zuant to Section 18.56.040 of the Tigard Municipal Code, submitted 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 March 25, 1974 AIA XxxxxxXXXXXXXXXxXxxxp whereat all interested persons and the general public were afforded a further opportunity to be heard with re- zpcct to the proposal to transfer zoning and land use jurisdiction from Washington County to the City of Tigard 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 Commissions 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 appear- 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- Washington County Use City of Tigard Comparable Classification and Equal Use Classification RU-4, Urban Residential R-7, Single Family Residential District to District RU--20, Urban Residential A-2, Multi-Family Residential District to District B-2, Community Retail Com- C-3, General Commercial . mercial District to Zoning B-4, General Extensive C-3, General Commercial Commercial District to Zoning t Section 4: Innsrauch 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" from County 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 Btti day of April, 1974. Recor er - City of Tigar APPROVED: By the Mayor this 8th; day of April, 1974. i Mayor City 5r Tigard s t { ,E Page 2 ORDINANCE No 74 Z) _ wt Ni � } x:, rw M Derry Dell EXHIBIT "A" That portion of land in Sections 2 and 3 and 10, Township 2 South, Range 1 West, WiilOtl2r:l'lC rbc r.�io Ccun ty of Washington, StateofQre.got%, being more particularly described as follows: Beginning at the point of intersection of the North right-of-way boundary line of 40 foot wide County Road No. 358 (S.W. Gaarde Street) with the East boundary line of that tract of land conveyed to Tigard Assembly of God, .Book 622, Page 210, Deed Records of said County; *hence North 00' 37' East; along the East line of the said church tract a distance of 200.0 feet to the Northwest corner of that tract of land conveyed to Bruce Kenneth Anderson et ux, Book 542, Page 221, Deed Records of said County; thence East along the North line.of the said Anderson tract a distance of 74 feet, more or less, to the Northeast corner thereof; thence North 440.0 feet, along the West line of that tract of land conveyed to the First Baptist Church of Tigard, Book 735, Page 737, Deed Records of said County, to the Northwest corner thereof; thence East 115.4 feet, more or less, along the North line of the said Baptist Church tract, to the Southwest corner of.Lot 5, Block 4, Fairhaven Court, .e subdivision of record in said County; thence Northerly along the West boundary of said Fairhaven Court; a distance of 698.44 feet to the Northwest corner of Lot 1, Block 3, Fairhaven Court; said corner of Lot 1, Block 3, of Fairhaven Court being the Northwest corner of said subdivision; thence Easterly, along the North boundary of said Fairhaven Court, a distance of 569.92 feet to a point of intersection with the East boundary line of Mira Park, a subdivision of record in said County; thence North 00° 33' 1310 East, 386.94 feet, along the Ebst Boundary Line of said Mira Park, to the most Easterly Northeast corner thereof; thence continuing North 000 33' 13" East, 220.00 feet to an iron pipe in the South right- of-way boundary line of County Road No. 1320 (50 foot wide S.W. Park Street); thence North 88° 36' 08" West, 330.43 feet, along the said boundary Line of County Road No. 1320 and along an extension thereof; to a point of intersection with the: centerline of (50 foot wide) S.W. 110th Avenue; thence North 00° 38' 12" East, 2v.0 feet to a Ypolnn.t on the centerline of said County Road No. 1320; said point being the point of intersection of the centerline of said County Road No. 1320 wtth the centerline of said S.W. 110th Avenue; thence North 00® 37' 06" East, 154.88 feet to the initial point of said Mira Park subdivision; said initial point of Mira Park also being a point on the West boundary line of Derry Dell Plat No. 2, a subdivision of record in said County; -thence continuing North 00' 37' 06" East, 436.28 feet, along the West boundary line of said Derry Deli subdivision, to a stone scribed 4137 being the Westerly Southwest corner of the John L. Hicklin D.L.C. No. 37; said corner of the John L. tHicklin D.L.C. No. 37 also being the Northwest corner of said Derry Deli Plat No. 2; thence North 86' 12' 30" East, 838.48 feet, along the North boundary line of Derry Dell Plat No. 2, to a point of intersection with the West boundary line of Rose Terrace, a subdivision of record in said County; thence North 00' 37' East, 487,90 feet to the Westerly most Northwest corner of Lot 10, Rose Terrace; thence North 47' 31' East, 106.90 feet to the -wst Northerly corner thereof; thence South 59' 15' East, 81.70 feet to .the most Page 1 FIN Xe ORDS Northerly corner of Lot 49 Rose Terrace; thence Southerly 138.10 feet to the most Northerly corner of Lot 5, Rose Terrace; thence South 71 18 ,East, 178.18 feet to the Northeast comer of Lot 5, Rose Terrace; thence Southeasterly 87 feet, more or less, across County Road No. 1935 (S.W. Watkins Avenue - 50 foot wide) to the most Northerly corner of Lot 2, Rose Terrace; thence South 711 46' East, 254.89 feet to the most Easterly corner of Lot 21 Rose Terrace; thence South 401 23' West 176.0 feet to the Southeast corner of Lott, Rose Terrace; said Southeast corner, said Sections 2 and 3; thence South 001 02' West, also being the quarter corner between 398.0 feet to the Southwest corner of Lot 32 of North Tigardville Additiopo a of re--ord in said County; thence South 89' 40' East 398.7 feet to the Southeast corner of Lot 32, North TigardvtllZ- Addition, said Southeast corner of Lot 32 being in the center of (40 foot wide) S.W. Grant Avenue; thence South 25' 10' East 145 feet, more or less, along the centerline of 40' wide S.W. Grant Avenue, to the most Westerly corner of Lot 33, North Tigardville Addition; thence North 451 00' East 413.2 feet to the most Northerly corner of Lot 33, thence South 451 00' East 207.9 feet, more or less, to the most Easterly corner of Lot 33, said Easterly corner of Lot 33 being a point on the Northwesterly right-of-way boundary line of State Primary Highway No. 1 West (S.W. Pacific Highway); thence Southwesterly, along the said boundary line of State Primary Highway No. 1 West, to a point of intersection with the centerline of said County Road No. 358 (S.W. Gaarde Street - 40 foot wide); thence Northwesterly a distance of 250 feet, more or less, along the centerline of County Road No. 358 (S.W. Gaarde Street), to the most Easterly corner of that tract of land conveyed to Henery Wayland, Book 926, Page 467, Deed Records of said County,. said Wayland most Easterly corner being in the center of County Road No. 358 (S.W. Gaarde Street); thence South 331 53' West 435.0 feet to the most Southerly corner of the Wayland tract, said most Southerly corner of the Wayland tract being a point on the Northeasterly line of Lot 1 of the. Amended Plat of Canterbury Place Subdivision; thence North 58° 03' West along the Northeasterly boundary line of Lot l of the Amended Plat of Canterbury Place, a subdivision of record in said County, a distance of 200.0 feet to the most Northerly corner thereof; thence South 88/_37' 3011 West, along the North line of Lot 1 of Amended Plat of Canterbury Place, a, distance of 105 feet, more or less, to the Southeast corner of that tract of land conveyed to R. & P. Gortmaker & S. & S. Culver,' Book 920, Page 588, Deed Records of said County; thence North a distance of 385 feet, more or less, to the Northeast corner of the R. & P. Gortmaker & Culver tract, said Gortmaker & Culver Northeast corner being a point in the center of County Road No. 358 (S.W. Gaarde Street); thence Westerly, along the centerline of County Road No. 358 (S.W. Gaarde Street); to 'a point of intersection with a Southerly extension of the East boundary line of the said Tigard Assembly of God tract. of land; thence North, along the said extension of the East boundary line of the Tigard Assembly of God tract of land, a distance of 20.0 feet to the point or beginning of this description, 3 i TIGARD PLANNING COMMISSION j Staff Report March 5, 1974 Addendum to February 15, 1974 Staff Report � Agenda Item 4.1 ZC 3-74 (City of Tigard) ' Zone Change For properties within the area commonly knjwn as the "Derry Delll� area, generally located on the northwestern side uP S.w. i Pacific Highway between S.W. Park-Street and S.W-. Gaarde Street and comprising 90 acres. ! Applicant i City of Tigard I Applicantts Request_ Approval of a change in zoning classifications from the existing County zoning to comparable City zones. Those requested 4 changes are summarized as follows: Existing County Zoning Proposed City Zoning f From: RU-4 (old R-7), Urban Residential To: R-7, Single Family District Residential _f RU-20 (old A-2) , Urban Residential A-2, Multi-family i District Residential ` t B-2 Community Retail Commercial C-3, General Commercial (old C-•3) i 9-4, General Extensive Commercial C-3, General Commercial District (old C-2) Applicants Proposal i To facilitate administration of Tigard' s planning effort and to carry out the intent of the' Tigard Community Plan by bringing County zoning into conformity with the City's zoning ordinance. Staff Findings 1. See staff roport of February 15, 1974 for additional findings. 2. Note attached memorandum from the City Attorney regarding a change from the existing County RU-4, Urban Residential District to a' City R-15, Single Family Residential zone. This opinion was requested by the Commission at their February 159 1974 public hearing. I Staff Recommendation Approval of the City' s request to change existing County zoning classifications to comparable City zones as follows: All County RU-4, Urban Residential District to City R-7, Single Family Residential zone. All County RU-20, Urban Residential District to City A-29 Multi-Family Residential zone. All County B-2, Community Retail Commercial & all County B-4, General Extensive Commercial-to City C-3, General Commercial - zone. r F2- Il cc�ir'� TIGARD PLANNING COMMISSION Staff Report February 19, 1974 Agenda Item 4.1 ZC 3-74 (City of Tigard) Zone Change For properties within the area commonly known as the "Derry Dell" area, generally located on the northwestern side of S.W. Pacific Highway between S.W. Park Street and S.W. Gaarde Street and comprising 90 acres. Applicant City of Tigard Applicant's Request Approval of a change in zoning classifications 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 Residential District RU-20 (old A-2), Urban Residential A-21 Multi-family Residential Dis tric.t B-2 Community Retail Commercial District C-3, General Commercial (old C-3) B-4, General Extension Commercial C-3, General Commercial District (old C-2) Applicant's Proposal To facilitate administration of Tigard's zoning code by bringiing,County zoning into conformity with the City°s zoning ordinance. Staff Findings 1. Oregon Revised Statutes, Chapter 227.310 states the-following with regard 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 tothe area merely,becausesuch area is tater 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." Page 2 Staff Report - ZC .3•-74 (City of Tigard) 2. Tigard Municipal Code, Section 18.12.020 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..." 3. Generally, the proposed zone changes involve a strip of commercially zoned land adjacent S.W. Pacific Highway averaging approximately 200 feet in depth along S.W. Pacific Highway; two areas of multi-family zoned land adjacent SW Park Street and SW Gaarde Street and situated between the commercially zoned land and 'the remainder of the "Derry Dell" neighborhood which. is zoned for single family residential use. Land across SW Pacific Highway from the subject area is zoned predominately C-3, General Commercial. (See attached map). 4. The existing land use pattern within the subject area is described as follows: Adjacent SW Pacific Highway: Mixed commercial, residential and vacant land. Some older single family houses mixed with gas • stations (3), an equipment rental store, and a used appliance firm. Interior of "Derry Dell" area is predominately single family residential. 5. The Tigard Community Plan designates a strip of land approximately_ t 1000 feet deep along SW Pacific Highway for residential-commercial use, the Plan stating "this category is intended to accomodate higher density dwelling structures, including high-rise apartments, combined with a range of compatible office and business uses." The Plan designates the remainder of the neighborhood Urban Low Density Residential, the Plan stating "the predominant use in these areas will be R , Single-Family housing.t° r ; Objectives, Policies and Standards for each of the aforementioned Plan s. designations are described in the Plan document. 6. The "Derry Dell" neighborhood will be included within the neighborhood plan area now scheduled for a planning effort commencing next month and scheduled for completion in October, 1974. The existing County zoning designations and the City zoning designations are roughly equivalent,with the following exceptions: w` County RU-20 (old A-2) - allowable density 27 units/net acre. mak: based on building type and lot coverage. s < City A-2 - allowable density 1.1 units/gross acre. County B-4 (old C-2) General Extens?.An Commercial District, permitted uses: Any Retail Business; Parking Garages & Passenger Terminals; Wholesale Businesses; Manufacturingand Processing; provided 41 their entire output is sold on the premises; Building Supply, Equipment Establishments, Retail Lumber Yards, Service Establishments; Automobile Sales Showrooms & Lots; Recreation' Vehicle Sales Showrooms & Lots; Drive.- In Business; Farm Implement, Truck & Heavy Equipment Sales Showrooms & Lots; Mobile Home Sales Lots & Service Facilities; Veterinary Hospitals; Open Air Businesses; Offices; Institutional Uses; Automobile,& Vehicle Repair, Welding Shop"& Automobile Service Part Facilities. page 3 Staff Report - ZC. 3-74 (City .,cif Tigard) • f i City C-31 General Commercial f r Permitted Uses; See Attached Ordinance ( Conditional Uses: See Attached Ordinance Staff Recommendation Approval of the City's request to change existing County zoning classifications to comparable City zones as follows: s . All County RU-4, Urban Residential District to City R-7, Single Family Residential zone. s . All County RU-20, Urban Residential District to City A-2, Multi-Family Residential zone. i _ c All County B-2, Community Retail Commercial & all County B-4, General Extensive Commercial to City C-3, General Commercial zone. i i t i i s F F rad k k { i , t MINUTES TIGARD PLANNING COMMISSION Regular Meeting, March S, 1974 Twality Jr. High School - Lecture Room 14650 S.W. 97th Avenue, Tigard, Oregon PUBLIC HEARING - 7:30 P.M. 1. CALL TO ORDER A. Meeting was called to order at 7:30 P.M. 2. ROLL CALL A. Present: Ball, Barkhurst, Frazier, Hartman, Mickelson, Nicoli, Sakata, Hansen; Chairman Whittaker; Planning Director Brooks; City Attorney Anderson. B. Absent: Associate Planner Bolen. 3. APPROVAL OF MINUTES A. The minutes of the February 19, 1974 meeting were not available for consideration and will be considered at the next meeting. 4. PUBLIC HEARING - Zone Change 4.1 Zone Change - ZC 3-74 (City of Tigard) A request by the City of Tigard to change existing County zoning within the newly annexed "Derry Dell" area to corresponding City zones. City proposes to change County RU-4 (old R-7), Urban Residential District to City R-7, Single Family Residential; County RU-20 (old A-2), Urban Residential District to City A-2, Multi-Family Residential District and County B-2, (old C-3), Community Retail Commercial District and County B-4 (old C-2), General Extensive Commercial District to City C-3, General Commercial zoning. The subject area comprises 89.87 acres and is located on the northwestern side of S.W. Pacific Highway between S.W. Park Street and S.W. Gaarde St. A. Staff Findings 1. Brooks presented the staff findings relevant to this case. B. Testimony & CTJSs Examination 1. Bill Heppner of S.W. Watkins Street asked for tabling item for 90 to 120 days to allow for the formation of a neighborhood planning organization for the area which could study the proposed rezoning. He continued saying that the neighborhood feels that the rezoning is being forced upon them and that the Planning Commission has shown no need nor necessity for changing the zoning in such a rapid manner. 's 2. Anthony Maksym 'of S.W. 72nd Avenue testified stating his opposition to the proposed change because the change from county to city zoning is not an equilateral one rather a change that contains substantive differences. He therefore stated that this matter requires more extensive inquiry and notification of all property owners which would be effected. a f � C. Staff Recommendation 1. Staff recommended approval of the City's request to change existing county zoning classifications to comparable city zones. a. All county RU-4, Urban Residential District to City R-7, Single Family Residential zone. b. All county RU-20, Urban Residential District to City A-2, Multi-Family Residential zone. Community Retail Commercial and all County B-4, General c. All county B-2, Extensive Commercial to City C-3, General Commercial zone. D. Commission Discussion and Action ounty RU- -2from nd 1. Ball asked Brooks if the changes from C onstitute0atdowntzoringaof these E County B-4 to City C-3 did not [ e owners of these parcels had been contacted parcels and asked also if th about this requested change. that the changes to City A-2 and C-3 were the nearest comparable 2. Brooks said f City zones and in his opinion did not cns; titute a down zoning and that the owners of the subject parcels had not been notified by mail but by a published notice in the Tigard Times newspaper. 3. Ball then asked Mr. Anderson whether the changes to City A-2 and C-3 on the parcels in question would not substitute a quasi-judicial rather than a legis- lative action. q. Mr. Anderson replied it was his opinion the entire rezoning constituted a legislative action because a general versus a specific area of change is being considered. He pointed out that any time an area is annexed that it is subject to differing laws and processes— Therefore the changes that comparable city zones is no different than changes that might result in the building code or the police code. 5. Ball stated his concern that while the action being taken may be legislative, substantive property rights of property owners are being effected by the down zoning on the RU-20 and B-4 parcels. He therefore stated that the owners notified by mail of the City's intentions to change of these parcels should be the zones and that a seperate hearing dealing with the specific issue should be held. Ball did state his agreement that this hearing would constitute a legislative rather than a quasi-judicial matter. 6. Harman stated that he was in favor of the requested zone change and that based upon the public support given by the citizens o£ Tigard when the density was reduced in the A-2 zone, he sees no problem in changing from the county to the city zone at this time. 7. Ball stated that the owners of the RU-20 property, which he felt was being down zoned, had never had a personalized notice and thereby the opportunity to present their case to the City as to whether development otheir property r, should be allowed at 27 or 12 dwelling units per acre. PAGE 2 - CONkZIISSION MINUTES - MARCH .5, 1974 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 apartment 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 8U-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. 11. The Commission 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. 'Uhittaker 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. 13. Whittaker responded that this would be done anyway and instructed the staff to include. in the record Mr. Maksym's request. t t 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 s. County RU-4, Urban Residential Distripct 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 presented the staff findings relevant to this case. f PAGE 3 - COMMISSION MINUTES - MARCH 5, 1974 , is t, s �