Ordinance No. 74-40 CITY OF TIGARD, OREGON I
ORDINANCE N0. 74- /kU
AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY
OF TIGARD HERETOFORE DESIGNATED AND KNOWN AS KATHERINE STREET AREA
FROM WASHINGTON COUNTY ZONING AND USE CLASSIFICATIONS TO EQUAL AND
COMPARABLE 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.
j
1
c
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that certain area heretofore
designated as "Katherine Street" 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 zon-
ing and land use jurisdiction of Washington County, Oregon, pur-
suant 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 June
4, 1974, whereat all interested persons were afforded an opportunity '
to 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 reclassifications to comparable and egral zoning
and land use classifications as provided by the ordinances of the t
City of Tigard., and thereafter the Planning Commission, pursuant ;
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 no-
tice a hearing was duly and regularly held. by the Coun-
cil at its regular meeting of July 8, 1974, 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 s
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 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 appearing
and each and all of said tracts are hereby subject to the require-
ments of T..tle 18 of the Tigard Municipal Code applicable to each
of said land and use classifications:
Page 1 - ORDINANCE No. 74- zzO
k
Washington County Use City of Tigard Comparable
Classification and Equal Use Classification
RU-4, Urban Residential R-7, Single Family Residential
District District
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"
from County Zoning regulations and jurisdiction to City zoning
,egu':ations and ,'ur7 srii r.tl.on 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 nec-
essary 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
8th day of July, 1974
� 3f-
Recor er City Pig/ d
APPROVED: By the/lMa3up this 8th day of July, 1974.
l /l
metre'-
- City of Tigard
i
Page 2 - ORDINANCE No. 74 //e)
400'
Katherine Street Area 1 i
EXHIBIT
i
I
That portion of land in the Southwest quarter of Section 35, Township 1 South,
Range 1 West, Willamette Meridian and in the Northwest quarter of Section 2, Township
2 South, Range 1 West, Willamette Meridian, in Washington County, Oregon, being
more particularly described as follows:
Beginning at the Northwest corner of Lot 10 of Greenburg Heights Addition, a
duly recorded plat of record in said County; thence running South, along the i
West boundary line of said Lot 10, a distance of 199.98 feet (plat) to the
southwest corner thereof; said southwest corner of Lot 10 being a point on the
East boundary line of the Meadow,' a duly recorded plat of record in said County; i
thence South 00° 06' West (plat), along the East boundary line of the meadow,
a distance of 200.64 feet to the Southeast corner thereof; thence South 890 58' 001,
West (plat), along the South boundary line of the Meadow, a distance of 544.23 feet
to a point on said south boundary line thereof; said point on the south boundary
line of the Meadow bears North 89° 58' 00" East, 50.0 feet from the West boundary
line of said Section 35; thence South 00° 14' 30" West, parallel with (and 50 feet
therefrom when measured at right angles thereto) the West boundary lines of Section
35 and Section 2, a distance of 365.80 feet to a point; thence North 89° 48' East,
parallel with (and 50 feet therefrom when measured at right angles thereto) the South
boundary line of Lot 17 of said Greenburg Heights Addition, a distance of 290 feet;
more or less, to a point; thence South 00° 45' East a distance of 50.0 feet to a
point on the south boundary line of said Lot 17; said point on the south boundary
line of Lot 17 bears North 89° 48' East 50.0 feet from the northwest corner of that
tract of land conveyed to David L. Gunberg, et ux, by deed recorded in Book 417,
on Page 452, in Deed Records of said County; thence North 89° 23' East (plat), along
the South boundary line of Lot 17, 14 and 15 of said Greenburg Heights Addition, a
distance of 438 feet, more or less, to the Southwest corner of Karol Court, a duly
recorded plat of record in said County; thence North 00° 45' West (plat), along the
West boundary line of said Karol Court and along a Northerly extension thereof, a
distance of 419.2 feet to a point of intersection with the North right-of-way boundary
line of (40 foot wide) S.W. Katherine Street; thence North 89° 23' East, along the
said boundary line of S.W. Katherine Street, a distance of 125 feet, more or less,
to the Southwest corner of that tract of land conveyed to Inco Inc. by deed recorded
in Book 741, on Page 630, in Deed Records of said County; thence North, along the
west boundary line of the said Inco tract of land, a distance of 200 feet, more or I
less, to the northwest corner thereof; thence South 89° 57' East, along the North
boundary line of the said Inco tract of land, a distance of 75.0 feet to the
Northeast corner thereof; thence South, along the east, boundary line of the said Inco
tract of land, a distance of 200 feet, more or less, to the Southeast corner thereof;
said southeast corner being a point on the said North right-of-way boundary line
of S.W. Katherine Street; thence North 890 23' East, along the said boundary line
of S.W. Katherine Street, a distance of 79 feet, more or less, to a point of intersection
with a Northerly extension of the East boundary line of said Karol Court; thence
South 00° 45' East (plat), along the said extension and along the east boundary line
of Karol Court, a distance of 184.3 feet to the southwest corner of that tract of land
conveyed to Orval & Mildred M. Cleveland by deed recorded in Book 765, on Page 403,
in Deed Records of said County;• thence South 71° 40' East, along the South boundary
line of the said Cleveland tract of land and along a southeasterly extension thereof,
a distance of 324.3 feet to the Southeast corner of that tract of land conveyed to
Helen R. Weyand by deed recorded in Book 630, on Page 36, ,in Deed Records of said
County; thence North 18° 20' East, along the Easterly boundary line of the said
Weyand' tract of land and along a northeasterly extension thereof, a distance of
306.2 feet to a point of intersection with the division line between the North and
South halves of the J.- Hicklin, J.L.C.; thence Easterly, along the said division line
of the J. Hicklin, D.L.C. a distance of 175 feet, more or less, to a point of
E
Katherine Street.-Area
Exh.,it "All
Page 2
i .
j
intersection with the Southwesterly boundary line of Lot 6 of said Greenburg Heights
a curve to the right aloe the southwesterly
Addition; thence Northwesterly, on s g
boundary line of said Lot 6, to a point of intersection with an easterly
extension of the North boundary line of said Lot 10 of Greenburg Heights } :
Addition; thence North 89° 57' West (plat), along the said extension and along
the North boundary line of Lot 10, a distance of 500 feet, more or less, to the
point of beginning of this description. Containing approximately 16.5 acres.
t
L
a:
Y
6'
�4
i'
E
r
o-
'�► ', y EXHIBIT "B"
TIGARD PLANNING COMMISSION
F Staff Report
\ June 4, 1974 -
Agenda Item 5.1
2C 9-74 (City of Tigard)
ZONE CHANGE
For property generally located on both sides of S.W. Kathe•rine:':Street between
S.W. Tigard Street and S.W. Tiedeman Street and comprising 16.5 acres.
(Tax Map 1S1 35C, Tax Lots 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107,
lLos, liv9, 1." A. 1111 and Tax Map 2S1 2BB, Tax Lots 100, 200, 300, 500 &
600.)
i
APPLICANT -
City of Tigard.
APPLICANT'S REQUEST
Approval of a change of zone classification from the existing County zoning
to comparable City zoning. Requested: change is summarized as follows:
Existing County Zoning Proposed City Zoning
From-RU-4 (old R-7), Urban Residential District To-R-7, Single Family Residential
APPLICANT'S PROPOSAL
t
To facilitate administration of Tigard's planning effort and to carry out the
intent of the Tigard Community Plan by changing existing County zoning to
comparable City zones.
STAFF FINDINGS
1, Oregon Revised Statutes, Chppter 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 areawhen included within City until altered or discontinued
by city. Zoning or la nd use ordinances or zoning regulations appiicabie
: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 1&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..."
f 3. The subject area is all currently zoned County RU-4, Urban Residential
t District. The subject area contains a mix of undeveloped property and
single family residences. Industrial zoning borders the area.of` the
;northeast and southeast. .All other contiguous lands are either park
land, undeveloped land or single family residences. , Fanno Creek runs
through the southwest corner of the subject area & Woodard Park abutts
the area's south boundary,
page 2
5.1
June 4, 1974
4. The Tigard Community plan.. designates the subject area as "General
Y
Industrial", these areas being intended "to provide locations for a wide
range of industrial uses that are compatible with one another."
5. The existing County zoning designations are roughly; comparable to the
proposed City zoning designations with the following major exceptions:
Minimum lot size County is 7000 square feet; minimum lot size City
is 7500 square feet.
Duplexes not allowed under County zoning; duplexes allowed as
conditional use under proposed City zoning.
STAFF RECOMMENDATION
Approval of the City's request to change existing County zoning classification
to a comparable City zone. Said change is described as follows:
All County RU-4, Urban Residential District to City R-7, Single Family
Residential zone.
l3co.>ia'J
4
I
f � 1
r ' t
ZUNE E
RU4 to R7
\� h
� Ittiltl[!!tgltiltl0! Ip! !
RE
r �
q
A4..,P. 04-,-A Z>a vv 37; affected area
a F
_ s
o
! ! ! o
—aas ! 094�Jd BaPP�"6t9144e tilHYf'fllf+�3 KA ! t t ST t=E T
a annexed May 1,1974.4 _ U
h e
Art
s
r TTT
r r
A
b
.:e�ge!!�r't�tldaallllrA
s Fred Anderson, said that the Washingti County
; ordinance had much to commend it and stated his
belief that the ordinance proposed by the Planning
Department Was not yet ready to go to Council.
He continued by saying the ordinance needed some
( type of conditional use or similar procedure to
allow special exceptions where the intent of the
ordinance would not be violated. He said that he
did not think that a freeze on developments as
proposed, would be justified.
J. Hartman said he felt the Planning Commission had
enoughi information to adopt. a Flood Plain Ordinance
at this meeting. He stated his preference for the
approach taken by the County and suggested that
the staff could be instructed to rewrite the proposed
ordinance. Sascd upon the approach taken by the
County. _K. Whittaker suggested that the ordinance should be tabled
to allow future time' for research and consideration.
L. Hartman said if tie are geing to adopt an ordinance
substantially similar to what has been presented,
that the Planning Commission may as well carry out
that action tonight.
M. Nicoli expressed concern about an earlier remark made
by the City Attorney that the City could retain a
consulting engineer to review submitted development
t proposals for the flood plain. He said that if the f ,
developer were charged a. fee for the review, that he 1
would in effect be paying for the cost of engineering
services twice; one when he had the original plan
prepared and twice when the city had reviewed the
developer's proposal.
4 N. Chairman Whittaker asked the Planning Commissioners
ifthe/ felt the staff should be instructed to do more
work on the ordinance according to the' previous
discussion. The concensus was that the ordinance
should be sent back to staff for further work.
0. Hartman moved to table the proposed flood plain
ordinance to allow the staff further time to prepare
the ordinance and to include the approach employed
by the Washington County Ordinance. Mickelson seconded
and the motion passed by. unanimous vote or those
Commissioners present.
5. PUBLIC HEARING Zoning Change
5.1 . ZC 9_74 (City of Tigard)
A request by the City of. Tigard to change existing County
zoning to comparable City zones Within a newly an
area. City proposes to change existing County RU--4, Urban
Page 3 - PC Minutes - June 4, -1974
Residential District to City R-79 Single Family
R Residential bistrict. The subject area comprises
16. 5 acres and is generally located on both sides of
S.W. Katherine Street, Netween S.W. Tigard Street and
S.W. Tiedeman Street (Tax Map 151 35C, Tax Lot 11001 1101,
1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110,
1111 and Tax Map 251 2BB, Tax Lots 100, 200, 300, 500 and
600)
Staff Findings
A. Brooks presented the staff findings relevant to this
case.
Testimony and Cross Examinat ou'..'
A.' No one was present to testify either in favor of or i0
opposition to this request.
Staff Recommendation
A. Staff recommended approval of the City request to
change existing County zoning classification to a.
comparable City zone. Said zone is described as
follows:
All County RU-4, Urban Residential District to
City R-7, Single Family Residential Zone.
` Commission Discussion and Action
A. The Commission agreed that this was a routine house-
keeping matter and did not choose to discuss this
item.
B. Mickelson moved to approve the request in accordance
with the staff findings. Hartman seconded and the
motion passed by unanimous vote of those Commissioners s
present.
6, PUBLIC HEARING Nofi-conforming Use Expansion
6.1 NCU 1-74 (Beam)
A request by William B. Beam to expand an existing
non-conforming use on a site comprising .17 acres and
located at 13300 S.W. Pacific Highway. Existing zoning
tE is C-3, General Commercial, the applicant proposing to
<; add 2 bedrooms to a •residence on the subject site..
(Tax map 251 2C8, Tax Lot 2100).
Staff Findings
A. Brooks presented the staff findings relevant to ,this
case. pointing out that the requested expansion
exceeded the 20% floor area expansion allowed in the
Tigard Municipal Code.
Page 4 PC minutes June 4, 1974