Ordinance No. 77-17 .. .. .... ... ...... .......... .._. ..
CITY OF TIGARD, OREGON
ORDINANCE NO. 77-/
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
WAVERLY CONSTRUCTION FOR AN An1ENDMENT TO THE 1970 ZONING MAP OF THE
CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT THE
INTERSECTION OF S.W. MURDOCK STREET AND S .W. 97TH AVENUE AND DEPICTED
ON WASH. CO. TAX MAP 2S1 11BD AS TAX LOT 200, FROM WASIIINGTON COUNTY
RU 4 TO (R-7) SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBIT "A"
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. '
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1 : Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
RU-4 pursuant to the provisions of the City of Tigard's Zoning Ordi-
nance 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 January 4, 1977, and all interested persons were there
and then afforded an opportunity to be heard, and thereafter the Plan-
ning Commission filed its report and recommended approval with the City
Recorder, a copy therefor 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 24, 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 application 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 is in conformance with the
Tigard Community Plan.
B That there exists a public need to assign city
zoning to the annexed parcels of land herein
described; and
C. That the proposed zoning is compatible with the
surrounding neighborhood.
Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicant's request for !
an amendment of the Tigard Zoning Map of 1970 to zone those lands
described in the attached Exhibit "A", for Single Family Residential
(R-7) use is hereby approved, subject to the provisions of Chapter
18.20 (Single Family Residential Zone) of the Tigard nA,
nicipal so embodied in or exhibited by the document submitted and identified
as follows:
G - c
Exhibit "A" - Legal description.
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Ordinance No. 77- _
Section 3: This ordinance shall be effective on and after the 31st
day after its passage by the Council and approval of the
mayor.
PASSED: By �I)jji;;ous vote of all Council members present this
lez/�-_ day of IC�,Lhu a ham, , 1977, after being
read three times by number and titleon y.
Recorder - i y of - igard
APPROVED: By the mayor this /</ day of , , 1977.
Mayor - City of Tigard
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EXHIBIT "A"
That portion of land in Section 11, Township 2 South Range 1 West,
Willamette Meridian, Washington County, Oregon, being more particu-
larly described as follows:
Beginning at an iron pipe at the Southwest corner of lot 36 in
Tigardville Heights Addition, as recorded in said County; said corner
being in right-of-way of (40 foot wide) S .W. Murdock Street; thence
North 00 29' East 489 .85 feet to an iron pipe; thence North 890 38'
East 375 feet, more or less to the center of (50 foot wide) County
Road #19$2; thence South Ola 44' West 490.48 feet, more or less, thence
South 89 38' West 375 feet, more or less, to the point of beginning.
Containing 4.2 acres including public right-of-way.
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'A.
MINUTEST
TIGARD PLANNING COMMISSION
January 4, 1977
Page 2
C. Public Testimony:
o Larry Shannon, representing 25 families west of
the property, expressed concern over 7500 sq. ft.
lots and stated that 10-15,000 sq. ft. lots were
preferred.
D. Staff Recommendation:
Staff recommends approval of the zone change from
county RU-4 to City R-7, "Single Family Residential" .
E. L'ommission Discussion:
Tepedino moved and Phillips seconded to approve the
proposal as presented.
The motion was approved by unanimous voice vote.
6.1 SUBDIVISION 5-14-76 (Cloud Cap) NPO VI
A request by Waverly Construction Company to create a
14 lot residential subdivision with an average lot size
of 7500 sq. ft. at S.W. Pembrook Street and S.W. 97th
Avenue. (Wash. Co. Tax Map 2S1 llBD, Tax Lot 200) .
A. Staff Report : Read by Daniels.
o Staff- stated that the school district and the
property owner at the corner- of S .W. 97th Avenue
and S.W. Murdock Street were favorable to the
road alignment proposed by staff.
B. Applicant 's Presentation:
o Ken Waymire,--Waver-1-y Construction;- -presented the- - -
proposal and stated that the homes would be a
minimum of 1800 sq. ft. , two story, and over
$50,000 market value.
o Dill ,.AeMonagle, McMonagle & Harris, disputed
staff's proposal for the reason that it would
create more traffic at an unsafe speed.
C. Public Testimony:
The following people expressed concern over traffic
circulation, pedestrian traffic, the need to preserve
trees on the property, and the need for a cul-de-sac:
Larry Shannon, B. Frederick, Lynnete Heir, Don Peters,
Bloodgood, J. J. -Shannon-and.-Jim- Loom.
D. Staff Recommendation:
Staff recommends denial of the preliminary plat as
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'MINUTES f
TIGARD PLANNING COMMISSION
January 4, 1977
Page 3 4
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presented and that it be resubmitted incorporating the
following changes :
Extension of S.W. 98th Avenue through the site with
an S-curve connecting S .W. 97th Avenue at the north-
ern edge of the site on a 50' right-of-way, 34' curb
to curb street improvement with sidewalks, the por-
tion of 97th south of the intersection of the new
right-of.-way be vacated, S.W. 97th at Murdock be ex-
tended to form a right angle intersection with 98th
Street extended and continued through to hook onto
S.W. Pembrook Street, the plan include the entire
site that was recently annexed, that S.W. Murdock
Street be vacated from the intersection ui S.W.
Murdock and S.W. 98th to the intersection of S.W.
Murdock and S .W. 97th, that street improvements on
S.W. Murdock and vacated portions of S.W. Murdock
and S.W. 98th Avenue be removed with the exception
of half a street left in tact for the parcel at
southwest corner of Murdock and 97th.
o Michael Staley, neighbor, stated he would be in
favor of staff recommendation if a 4 way stop was
included.
o J. J. Shannon, neighbor, stated the need for a
pedestrian/bike path to the school from S .W. Pem-
brook.
o McMonagle stated that staff recommendation would ;
cause a major displacement of utility and sewer
lines.
E. Commission Discussion:
Tepedino moved and Goldbach seconded to table the -pro----
posal until the interested parties could reach agree-
meet on the issues discussed. r
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o Moore asked that input be received from the fire
department on the cul-de-sac proposal.
The motion was approved by unanimous voice vote. `
5.2 ZONE CHANGE ZC 15-76 (Allan Patterson) NPO VII
A request by Allan Patterson to amend the zoning map from
C-5 (Limited Neighborhood Commercial) to R-7 (Single Family
Residential) for a 4.79 acre parcel at S.W. 121st. (Wash.
Co. Tax Map 1S1 34C, Tax Lot 1100) .
A. Staff Report : Read by Daniels.
B. AP0-li-cant's Presentation:
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