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Ordinance No. 74-29A CITY OF TIGARD, ORi3C11014 O9DIU AITCI; I o: 74 - � c� AN ORDINAUCE RECLASSIFYING CE TAI_: LANDS '.II!' iL PET AP:A Oh THE' CITY GF TIGARD HER-ETOPORE DESIGNATED AND KMO` I AS "10865 S. W. 95` H AVis'." FROM WASHINGTON COUNTY RVA,, Un3AIN RESI)iOPTIAL DISTRIC`i', TO CITY R-7, SINGLE FAOILY RESIDENTIAL , O �:'�I�E.3V' R72I:'G SAID AREA Rii;C;HTLY ANNEXED TO `Vali CI'T'Y Iii COH OI?LII` Y s IPH AND SUBJ_CT TO THE ZO NIHO ORDT..r-:hS AND H EGULATIONS OF THE U nY OF TIGARD A;;D T,^,R.a- INATIidG THE APPLICAnILITY THERETO r ETO O WASHIHG'_'ON COUNTY ZO`?TING ORDIINAiNCES OR REGULATIONS; t %.I:G AN EPFTECTIVi DATE Ar:D DECLARING Ai: EI'IERGE!JCY. THE CITY OF TIGARD ORDAINS AS FOLLMIS: Section l: The City Council finds that certain area heretofore -' designated as 1110865 S. 95th Ave.'' area, as more particularly described cm the attached Exhibit "A", and by this reference made a part hereof, was annexed to the City of Tigard by recent order of the Fetrorolitan Boundary Commission and con- firmed by City Ordinance; and that said lands .iere heretofore :.ubject to zoning and land use jurisdiction of Tashinston County, OreE;on, pursuant to Section 227.310 ORS. Section 2: 71M the City Council further .finds that: after due --- a_c' !,ral notice as by City ordinance required, a hearing was duly and reS:ularly held by tue City rlannin,:; Commission on ADril 16. 1974 , whereat all interested persons were afforde i an opportunity to be heard with recruct to the convcr2ion and n3i- tion of the said lands described in Exhibit v^" from County ,onim., and land use jurisdiction and classifications to comparable and equal zoninv and land use clami.fications as provided by the nrdinances of the City of TJ ard, and. thereafter the Tannin;_; Commission, pur-- suant to Section 18.56.040 of the `.Pi.,;ard 11unicipal Code, submitted findings and recommendations as hereto attached, r::arked !.xhi ht "W', and by this reference made a part hereof. Section 3: That 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 May 13. 1474 , whereat all interested persons and the general public were afforded a further opportunity to be heard with respect to the proposal to transfer zoning and land use jurisdiction from Yashington 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 Cominissioill. fin + low? with t.hO CcUncil ara 1":d:.r'eby adopted as the findings ofthe4Council. 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 "At' and the zoning use classification of same be and the same is hereby changed and reclassified from the Washing- ton 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 appearing and each and all of said tracts are hereby subject to the requirements of Title 18 of the Tigard Municipal Code applicable to said land and use classi- fications: page l ORDINAINCE No. 74 - �f cx_ Washington County Use City of Tigard Comparable Classification and Equal Use Classification RU-4, Urban Residential R-7, Single Family Resi- District to dential Lone Section 4: inasmuch as it is necessary for the peace, health and safety of the people of the City of Ti�;•ard that the land use classifications of the City of TiCard be applied to the hereinabove area recently annexed to the City in order to preserve the integrity of the City's jurisdiction and regulatory control and to thereby protect the public interest, an emergency is hereby declared to exist and this Ordinance shall become effective upon its Dassage by the Council and approval by the Mavor. PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this 20th day of L.ay, 1974. ,recorder - City of Tig� d APPROVED: By the P4ayor• this 20th day of Mjjay, 1974. / 4r t.\ Z,'Ce..... May City of �i`gard } M s Page 2- ORDINANCE NO. 74 3 r r Manni( Property UHIBIT "A" That portion of land in Section 35, Township 1 South, Range 1 West, Willamette Meridian, i±avhlagtor- Cw4at,, ^ "; ho1Ag Hamra particularly descirbed as followas Lot 8, Meadow View, Washington; County, Oregon as recorded in Book 538, Pages 77 & 78, film records of Washington County, Oregon. t r ,; MEMORANDUM May 9, 1974 TO: Tigard City Council FROM: Tigard Planning Commission SUBJECT: Recommendation to Council concerning ZC 6--74, a request by the City of Tigard to change _ existing County zoning to a comparable City zone on recently annexed property located at 10865 S.W. 95th Ave. (Tax flap 1S1 35CA, Tax Lot 203) The Planning Commission at a April 16, 1974 public hearing took action recommending that existing County zoning on the above described parcel be changed to the nearest comparable City zone as follows: County RU-4, Urban Residential District to be changed to the City's comparable R-7, Single Family Residential zone Please note the attached documents for -our reference t DC1e Charje i C3 •� � VACI s I i VACAWr i C �r-0 E� k� i G Bea ota i,=- St. 'S�i�-'S 11•I�e t. VAM I LV "�tiAlBt,d..ii►�G F t �W C. Whittaker said outright. M-4 zone is not appropriate on this site and this zone change and the proper location of a street should be considered With a specific proposal and a request for a combination M-4, P-D zone change. D. Mickelson moved to deny the request based upon they finding that the applicant had not met the burden of proof as required by "Fasano". Barkhurst seconded the motion and the motion passed by a majority vote With Hansen voting nay. 4.3 ZC 6-74 (Manning) A request by the City of Tigard to charge an existing County RU-4, Urban Residential District to a City R-7, Single Family Residential zone in a newly annexed area, Subject property comprises . 39 acres and is located at 10865 S.W. 95f,h Avenue (Tax Map 1S1 35CA, Tax Lot 203) Staff Findings A, Brooks presented the staff findings relevant to this case. ' Testimony and Cross Examination A. Proponents r 1. 'No one appeared in support of this request. B. Opponents z } 1. No one appeared in opposition to this request. Staff Recommendation A. Staff recommended approval of the City's request to change the existing zoning classification from RU-4, Urban Residential District to a City R-7, Single Family Residential zone. Commission Discussion and Action. A. Barkhurst moved to approve the requested change based upon the staff findings. Mickelson seconded the motion and the motion passed by unanimous vote of the members present. 5. PUBLIC HEARING Street Vacation 5.1 . M 5-74 Street Vacation S.W. 74th Avenue south of S.U. Cherry Street and, west of S.W. 72nd'Avenue. Page 7 Minutes Q 4-16-74 TIGARD PLANNING COMMISSION Staff Report April 16, 1974 Agenda Item 4.3 ZC 6-74 (Manning) Zone Change For property located at 10865 S.W. 95th Avenue & comprising .39 acres- (Tax Map ISI 35CA, Tax Lot 203). Applicant City of Tigard Applicant's Request Approval of a change in zoning classification from an existing County RU-49 Urban Residential District to a City R-7, Single Family Residential"zone. Applicant's Proposal To facilitate administration of Tigard's planning effort and to carry out the intent of the T;aard Community Plan by changing existing County zoning to comparable City zones. Staff Findings tatutes, Chapter 227.310 states the following with regard 1. Oregon Revised S to zoning in annexed areas. "Zoning and Land Use re,ulations 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." ion 18.12.020 Annexations states the following: 2. Tigard Municipal Code, Sect "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...11 3. The subject property is occupied by one single family dwelling (see attached map for surrounding land use and zoning.) 4. The Tigard Community Plan designates the subject site as "Urban Medium Density Residential". These areas are intended to "accomodate the demand for multi-family dwellings." 5. The existing County zoning and proposed City zoning are comparable. Staff Recommendation Approval of the City°s request to change an existing zoning classification from County RU-4,'AJrban Residential District to City R-7. Single Family Residential zone.