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Ordinance No. 77-04 r CITY OF TIGARD, OREGON C ORDINANCE NO. 77- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY SERGE DENOUX FOR AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPECTED ON WASHINGTON COUNTY TAX MAP 2S1 10A AS TAX LOT 1500, FROM (R-7) SINGLE FAMILY RESIDENTIAL TO (A-2) MULTI-FAMILY RESIDENTIAL, AND ADOPTING THE ATTACHED EXHIBITS A, B, AND C AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: z Section 1: Finding that the lands hereinafter described have been heretofore and are now classified as Single Family Residential (R--7) , pursuant to the provisions of the City of Tigard's Zoning Ordinance and Tigard Ordinance No. 75-52, and further finding that pursuant to prescribed procedures, the above-stated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission on December 7, 1976, and all interested persons were there and then afforded an opportunity to be heard, and thereafter the Planning Commission filed its report and recommended approval with the City Recorder, a copy thereof hereto attached and by reference made a part hereof, and, further, finding that , after due and legal notice, a public hearing was held before the City Council on January 10, 1977, and that at said hearing the applicant and` all' other parties desiring to be heard were afforded an opportunity to be heard and present and rebut evidence with respect to said appli- cation, and further, finding that, based on evidence, both oral and documentary, and on the record of said hearing before the City Council, the Council has made the following substantive findings: a. That the application conforms with the text and map of N.P. III, as adopted; and b. That the applicant has shown a community need for his proposed development on the site herein described; and c. That he has shown there to be no adverse impact from his proposed development on adjacent sites, occupants, or activities, or on the immediate neighborhood that cannot be mitigated success- fully by attachment of appropriate conditions; and d. That the proposed location is most suitable for the applicant's proposed development; and e. That the site is presently served by sewer, water, and power and that the street is substandard but adequate to serve the development; and f. That there is a community need for a pedestrian/ bine pathway. Section 2: THEREFORE, pursuant to the requirements of Chapter 18.38 of the Tigard Municipal Code, the applicant's request for Ordinance; No. 77- L f an amendment of the Tigard Zoning Map of 1970 to zone those lands described in the attached Exhibit "C" for multi-family residential (A-2) use is hereby approved, subject to the provisions of Chapter 18.24 (Multi-family residential zone) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identi- fied as follows: Exhibit "A" - Site Development Plan Exhibit "B" - Staff Report Exhibit "C" - Legal Description and further subject to the following .conditions: 1. That a half street improvement be provided on Gaarde according to the collector standard pro- vided in the Neighborhood Plan. 2. That additional ten feet of right-of-way along S.W. Gaarde Street be dedicated for street improvement purposes. 3. That final development plans include a pedestrian/ bike easement and path from Gaarde to the Canter- bury Shopping Center. Section 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval by the mayor. PASSED: By 1ndnr0tr; _ vote of all Council members present this day of /n,.,,, ..y1.977, after being read three Times by number and titlbonly. Recorder of( igard APPROVED: By the mayor this day of 1977. r XXI ayorCity of Tigard _! i i EXHIBIT C A parcel of land beginning at a point on the North boundary line of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, 680 feet East of the quarter Section corner and running thence North 890 43' East 714 1/2 feet ; thence South 57 28' East 35 feet to the Northwest corner of a tract of land owned by Johanna Wood; thence South 330 553' West on West line of said Woods tract 435 feet; thence South 88 25' West 502 feet ; thence North 390 { feet to the place of beginning. A1.1 being in Washington County, Oregon, EXCEPTING the West 400 feet of the above described property. . 4 i ST.7FF r PORT AGENDA 5.1 SL,FPLEMEATAL TO STAFF REPORT 5. 2 NovcmUc-r 16, 1976 TI GARD PLANNING COMMISSION December 7, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: ZONE CHANGE 'LC 11-76 (Denoua) REQUEST: To amend the zoning map as it applies to a 1 . 92 acre parcel from "R-7, Single Family? Residential" to "A-2, Multi-Family Residential" LOCATION: 11030 S.W . Gaarde Street (Wash . Co. Tax Map 2S1 10A, Tai: Lot 1500) . s rEE APPLICANT: Serge Denoux f 1 . BASIC FACTS 11 . FINDINGS : 1 . This application was heard by the Planning Commission on - 11/16/76 . At that time it was tabled to allow NPO III to review the proposal and to allow the applicant to substantiate the need for additional multi-Tamil-V units in Tigard. 2. RPO III reviewed the propcsal on December 1 . 1976 and reconmf,ended approval in that it confos•1"s to the land use designation in Neighborhood III and abet- rely on the Planning Co»-snission to determine public i-11-ed and )proner timing. 3. The applicant has submitted a personal survey of the %a:,2DC:Y I"'at.e£' in nearby G„a._i'L!Tien-L : t.r'rl'>ic..:ieG (att.a.C17eC1� In synurnary the applicant l,as mound rate from .006`rc to 2% In ex,-,r4 _72 a ar 1,?aDl. ')D1;.s. the latest PGF: •racancz' ra. es ( �;''-' � , yard 106 out of ) 515 (G . 9` - � r)r 1� ti,;, ts. This corm}ares wi�h a a . 4 rG ce c,r units. • h STAFF REPORT AGENDA 5.2 Ti GARD PLANNING CO�A1j I SS I ON No 16, 19'76 - 7 : 30 F.M. # School - Lecture ROOM �ilait}• Junior High f 1n650 S .14. 97th Avenue - Tigard, Oregon DOCKET: r0NE CH.>.�GL 7 n� C 11-76 (Denoux) RFQL?EST: To change the zone from R-7 to A-2 on 1 .92 acre parcel at 11030 S .tV , Ga arde (Tax map 2S1 JOA, Tax Lot 1 .500) - APPLICAJNT: Serge Denoux, 7518 S .lti . 17th Drive - Portland I . BASIC FACTS: 1 . The Neighborhood Plan III designates this area for multi- family development . 2. The site is presently zoned R-7; properties to the east and west are zoned A-2; the property erties the north is zoned R-7 -but planned for .eventual A-2 zoning on the Neighborhood Plan . 3. The parcel is presently occupied by one single family residence. II . FINDINGS: 1 . The Neighborl_lood Planning Organization III plan designates this site for multi-family use with a n;aair.",um density of 12 dwelling units/acre. 2. Policies �9 and 10 of the Plan state: fol i cv 9. t'� :^Gn meth ur,� deEnsi-j y residential areas °x71 be develor_,ed with paved stre:el.c, c� r-s and guLLC and \;a1-:i:ati's, Gcc.c rdir,g �c C11\° car CouniV Siai,Ca�`CS. Flt llt 1 J i f es xvi 1 p aced up6er- grouw",d. �Ch] 3Cy 20• _ ir-icnt 'v:J31 CC,illC'ide v4 Lh the proi°. 'ion nublic SLrretG �:aiEr and SE'R'aLe faC1] 1t]eS• These fac•i] i-.ies s-211 be ( a) capable of adec,:.al:eli SFh \ a_ng all 1r;i e? vel ina r=,c,-rer-,.7 F'S as Well as C ) desi ,. gned o the prol�csed de\ and b nlee-[ CiT.v C,r C-01,, 'L:. 3. The sii.e i�= j�resenTJ}> served b}° se-er , racier and ,",c; :er buy Gaarde Street cors not C.,onf0rm to Citi s,I. eet siancards: 4 Pol i c} =]1 of the s,PO P] an encour�ces pl annf d unit develop- ments in projects exceeding t.en uni _LS. �aitiever , \:bile the t.en unit I -Imi t is being exceeded Lhe lack of topographi c and vegetative uniqueness exhibited by this site leads staff to question -the validity of going the planned unit development route: AGENDA 5.2 Tigard Planning COjwriis6iOn November 16, 1976 Pa ge 2 5. The remaining ?-PO multi-family policies (12 tbru 15) deal with design and aesthetic issues which are within the pur\�ieuv of the Design Review Board, 6. There is a corpjrjunity need for a pedestrian/bicycle pathway from Gaarde into the Canterbury Shopping Center. IIT . STAFF RECO I.MENDATI ON: To be advised. t STAFF REPORT AGENDA 5. 2 . TIGPD PLA?�NING COM10ISSION December 7, 1976 STAFF RECOMMENDATION: Staff recommends approval with the follo\ving conditions: 1 . That a half street iMproVement be provided on Gaarde according to the collector standard pro- vided in the Neighborhood Plan . 2. That additional ten feet of right-of-way be dedicated for street i:npr0�-c'�2n t purposes. 3. That final development plans include a pedestrian/ bike easeii;ent and path from Gaarde to the Canterbury Shopping Center . s Y t i AMEINDb;ENTS -1'0' STAFF FINDINGS- -.e Staff Report 'LC11-76 S) staff site is inap6l-opriate for uses listed as permitted or cendit.ional 2" zone except for r ,si6ential. _ in the �.--_ S7 a f f Report 2.0 9 -70 CONCLUSJOi:RY FINDJ' GS 10) Tris site is more appropriate for a r-ixed-L se development due to it being at the intersection of two arterial streets, freer•:ay access and close proximity to existing commercial zoning.. I�F�1'(i ill 1)1 111 Ila I�! Q��r r`r r1r Qf ��-!1i;lrr r]1 111 t i 'Q 1 it a G-- f !_,._.! � � R 3 � (1��T [flip �+��_L� �� NOTE: IF THIS MICROFILMED — DRAWINGISLESS CLEAR THAN --- ._. __ ._._ � . . _. 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