Ordinance No. 75-54 l �
CITY OF TIGARD, OREGON
ORDINANCE No. 75
AN ORDINANCE AMENDING ORDINANCE No. 73-17, CORRECTING AN ERROR IN
SAID ORDINANCE BY RECLASSIFYING THE ZONING DISTRICT UNDERLYING THE
PLANNED DEVELOPMENT DISTRICT FROM WASHINGTON COUNTY CLASSIFICATION
ff SR, SUBURBAN RESIDENTIAL, TO CITY OF TIGARD CLASSIFICATION R-7,
SINGLE FAMILY RESIDENTIAL, WITH RESPECT TO LANDS OF COMMONWEALTH t
PROPERTIES, INC. AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City of Tigard finds that certain lands heretofore
designated as "lands of Commonwealth Properties , Inc.
at S. W. 121st and Scholls Ferry Road" , as more particularly described
on the attached "Exhibit A" and by reference made a part hereof, was
incorrectly reclassified by Ordinance No. 73-17 to provide for planned
residential development, by failure to change the underlying zoning
district from Washington County, SR-Suburban Residential district , to
City of Tigard R-7, Single Family Residential district .
Section 2: That the City Council further finds that the dwelling unit
per acre land development density stipulated by Ordinance
No. 73-17 is inappropriate to the Washington County SR district and
the City of Tigard R-7 district is appropriate to the density of the
overlying Planned Development District .
Section 3: 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 November
4, 1975, 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 ,juris-
diction -and reclassifications to comparable and equal zoning and land
use classifications as provided by the ordinances of the 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 4 : 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 November 24, 1975, whereat all interested persons
afid the general public were afforded a further opportunity to be heard
with respect to the proposal to transfer zoning and land use juris-
diction from Washington County to the City of Tigard and to redesignate
the classifications and uses of said lands from Washington County des,_tg
nation to 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.
Ordinance No 75-
{1}
4
4 Section 5: 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 All 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 City of Tigard zoning and use classification
hereinafter appearing and each and all of said tracts are hereby sub-
ject to the requirements of Title 18 of the Tigard Municipal Code
applicable to each of said land and use classifications :
Washington County Use City of Tigard Comparable
Classification and Equal Use Classification
SR, Suburban Open Space R-7, Single Family Residential
District District
Section 6: 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 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 Ordwnance
become effective with the least possible delay, and ther=efore 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 ��, ,,,,, a vote of all Council members present , after
being read three times by number and title only, this �%L
day of 1975•
Recorder City f T3 d
v
APPROVED: By the Mayor this day of 1975•
Mayor - City of Tigard
(2) Ordinance No 75--
EXHIBIT "A" .`
Beginning at an 1k" iron bar at the center of Section 34, Township 1 F:
South, Range 1 West , Willamette Meridian and running thence North 890
55' West, 840.38 feet to the southeast corner of the Tigard Evangelical
Church tract ; thence North 00 00 ' 31" West, 480. 29 feet to the northeast
corner of said tract; thence North 890 55' West 453.48 feet to the north-
west corner of said tract; thence North 00 00' 31" West, 905.39 feet on
the east right-of-way line of S. W. 121st Avenue of Scholls Ferry Road;
thence North 720 23' 00" East , 1114.95 feet to the northwest corner of
the Chester Robinson three acre tract ; thence, South 170 37' East , 332. 19
feet to the southwest corner of said tract; thence due East 287.12 feet
to the southeast corner of said tract; thence due North, 439.70 feet to
the centerline of Scholls Ferry Road at the northpast nnrner of said
tract; thence following said centerline North 720 23' East, 260.77 feet
to a marked stone; thence, continuing on said centerline North 590 41' East,
497.40 feet to its intersection with the centerline of Fanno Creek; thence
following the centerline of said Creek south 240 22' 26" East, 29 .72
feet to an angle point in said creek; thence continuing on said centerline
North 770 37' 08" East, 178.97 feet to an angle point in said Creek;
thence continuing on said centerline South 460 58 ' 50" East, 161.56
feet to an angle point in said Creek; thence, continuing on said center-
line South 84 20' 18" East, 85.72 feet to an angle point in said Creek;
thence, continuing on said centerline South 720 40' 11" East, 246.36
feet to an angle point in said Creek; thence South 600 57' 12" East,
454. 31-feet to a 5/8 inch iron rod being the northeasterly corner of
this property being described; thence, due South 752. 51 feet to a point;
thence, South 890 51' 50"West, 934.25 feet to a wagon spindle at the
southwest corner of the first parcel described in Book 389 at Page 207,
said Deed Records; thence South 00 15' 25" East , 1021.16 feet to a one
Inch square iron bar at the southeast corner of the second parcel des-
cribed in Book 369 at Page 207, said Deed Records; thence, South 890
, 57' 08" West , 927.26 feet to the point of beginning; excepting therefrom,
however, all those portions lying in streets, roads, or highways and
contlining 101.51 acres, more or less .
g
(Commonwealth Properties, Inc.).
R
Y,.Jt
♦f,
.1 YStaff Report EXHIBIT B
Tigard Planning Commission
4 _ ZC 2-73 (Amendment) Englewood Planned Development
Agenda Item 5.!Y
ZONE TJAP AMENDMENT
° .A request by the City of Tigard for an amendment of the zoning .
map to correct an error in Tigard Ordinance No. 73-17, changing
the underlying zone from Washington County, Suburban Residential
(RR) to T;oard Single Family Residential (R-7, P-D) on lands
currently owned by Commonwealth YroperLi«, L.....
Tax Maps 1S1 31,A and 1S1 34B, Englewood Subdivision (121st and
Scholls Ferry Road) formerly Tax Lots 100, 200, 300, 301, 500,
600, 602 and. 603.)
STAFF FINDINGS
1. An error in the or application for the Tigard zone change
permitting this planned development omitted mention of any
underlying zone district.
2. It was obviously understood by all parties that the density
standards generally of the R-7 zone district would apply as
modified under the Planned Development approved,
{ 3. Apparently through some oversight neither the staff, nor the
Planning Commission nor the City Council nor one City Attorney
noticed that no underlying zone was designated.
4. Staff is of the opinion that an amendment of the ordinance.
(73-17) will be necessary to correct the error.
5. No impact will be generated by this amendment on any action
undertaken under the present ordinance.
STAr"F RECOMMENDATION
Recommend to Council that they amend said ordinance (73-17) to adopt
an &-7 underlying zone