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Ordinance No. 77-63 CITY CF TIGA", J, OREGON ORDINANCE NO. 77- �--3 ORDINANCE ALI)OP.'INCO FINDINGS WITH RESIPECT TO AN APPLICATION H CTEP EN W. SPIEGEL FOR AN AMTENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING TT-1E ZOTTF: DISTRICT OF A TRACT OF LAPTD DEPICTED ON "ASHTNGTON COUNTY TAX MAP 1S1 34D AS TAX LOT 400, FROM 1ASHINGKIN COUNTY RU-4 TO R-? ISTCLE FAMILY RF::IDENTTAL AND ADOPTING EXHIBITS "All AND "B", GP,ANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. TIE. CITY OF TIGARD ORDAINS AS FOLLO11S: SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as ;y'ashington County U-4, and further finding that pursuant to prescribed procedures, the above--titrated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission. on June 7, 1977, and all unte��ested persons were there and then afforded an opportunity to be ...eard, and thereafter the Planning Commission .filed its report and recomaended approval with the City Recorder, a copy therefore hereto attached and by reference made a part hereof, the Council adepts the following substantive findings: A. There exists a public need to apply City of Tigard zoning to all_ parcels of land in the city .in order to ease the administraticn of- land fland use regulations and assure consistency throughout the City. 3 The proposed R-7 zoning district is compatible with the surround- ing zoning and conforms to the "Urban Low Density Residential" poll- cies of the Tigard Community Plan, in that it limits the maximum overall density to four dwelling units/acre and with the attachment of appropriate conditions, the adequate provision of public ser- vices to serve the proposed development can be assured. C. The R-7 zoning is the most appropriate designation due to there be- ing few development constraints and the need to efficiently utilize buildable lands in -the urban area. SECTIOST 2: TIE-TEFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicants request or an ar^endment3.. tie Tligar tonin Iia oT 10.70 to zone those lands des- cribed in the attac,hed Ex Jb1 'A", .nor Single Family Residential (R-7) use is hereby approved, subject to the prnvisions of Chapter 18.20 (Single Family Presidential Zone) of the Tigard municipal Code so em- bodier in or exhibited by the, document submitted and identified as follow:~: Exhibit "A"c Legal Description Exhibit _"B": Staff ;?eoprt ZC 18-7 r• 1.. -.. N and further subject to the following conditions: 1, An agreement to participate in a local Improvement District for the improvement of S.W. North Dakota Street be signed by the property owner, be recorded, and transferred to all deeds for all new lots as they are sold. 2. Ten feet be dedicated along this property for street improvements to S.W. North Dakota Street. 3. Sidewalk be allowed to meander or abut the curb in order to save trees on the site. SECTION 3: This ordinance shall become effective on the 31st day after its passage by the Council and approval by the Mayor. PASSED: By unanimous rote of all Council members present, after being read three times by number and title only this ,2�_ day of 1977. ecor er - City o7�a APPROVED: --By the Mayor this day of 1 , 1977. Mayor - City of Tigi�_ __ Page 2 Ordinance No. 77-63 ZC `18-77 i 'Pax hot 1it10� r,�.+ne,iil�: t �:� �z�� 1_ �1, 3 �D, is ori —scrib �, in two ;parcels as `follo s:; , (;o-wit: . , E ire .�i i�: ?73 �, frt rth l.;o ,i t frori 1�1E Ctl'r'1 Cr3 ,� r. `t1 tF 1_ _;i of � `Ctio'1 347 ,.13. T t.1i'J. � nU r -'1':i,- _C''1C _io'.1-1: 00 331 dor r,'3 r7 feet to i '�o �1t �:i�7. t il-. 'lOZ'�.t, -1 ,.� + -.1, T`1 �c.1,r l i. ? " e o_� _r 1 _ 1 D. C. j �17u'1Ce ioi.lth 8 n0 61 est t1A'a said C'1:.'. . ':_i'1G "or 1.311' Ic'ctj tj ice o:c th. ("0 33 ' t `.'or 530-6 C-e t gore or 1-- , j ,., ce iloU --jk ist _"or 131~.3 feet .o .e tr c ,o .nt of ^ .n of this cls-.zcri-�t _on, ne olllt Ltj��'? ^nn+` "'ort" Cid )+r, r0:,: 3ectinn cnrYirr ori ast 1iae of 3=Ctio'1 34, 1'.lS. , i.1W. I W. { and 'Worth for 134.3 feet to k. iron ')"?1j ".Ei10E= O_it}2 00 3} ' o:" 3 8.ti fCE j �_?Et1C dox°t _,, st for 134.3 �'�et thF ice . orih 0 , 33'J st for 530.0 feet ' or le. s to tl-_C 'u no of t e—i ,.,ore _ _ �z,i�l'`ili7.{; of k. th .., d -.iCri_ntion. r STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION June 7, 1977 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon DOCKET: ZC 18-77 REQUEST: To apply City of Tigard R-7 zoning to a recently annexed 2 .75 acre parcel currently zoned Washington County RU-4 LOCATION: North side of S .W. North Dakota Street between S .W. Ti- gard Street and S.W. Greenburg Road (Wash. Co. Tax Map ISI 34D, Tax Lot 400) APPLICetrT, Stephen Sn PgPi r i I. FINDINGS OF FACT: i 1. The applicant is requesting the application of Section ' 18.20 (Single Family Residential ) of the City of Tigard Municipal Code to a recently annexed (May 4, 1977) 2.57 f acre parcel. t. r, 2. The site is designated "Urban Low Density Residential" on the Tigard Community Plan, 1971. Applicable policies from the plan are as follows : a. Urban Low Density Residential Objectives (1) ToE' provide areas of the city having a predominately single-family residential character. € , (2) To permit densities that will economically support the cost of necessary public services and facili- ties, such as paved streets, pedestrian ways, and ; utilities . (3) To permit a variety of housing types to meet the needs of different family size and family income. Policies and Standards (1) The maximum overall density of development will be four dwelling units or 12 persons per gross I acre. This amounts to a standard of 7, 500 square feet of land per dwelling unit, allowing for _ streets and other open Some omc arews will 4 STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMAIISSION ` June 7, 1977 - 7: 30 P.M. Page 2 { have a lower density owing to topography, exist- ing development patterns or the desire of indi- viduals to own a larger lot . (2) Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, and walkways, according to City or County stand- ards. All utilities will be placed underground. j (3) Development will coincide with the provision of [ public stteets, water and sewerage facilities. These facilities shall be (a) capable of ade- , quately serving all intervening properties, as well as the proposed development and (b) designed i to meet City or County standards. (4) Planned unit development will be encouraged on , tracts large enough to accommodate ten or more F dwellings. Planned unit development will permit a degree of flexibility in design that will en- able a higher quality of development in accordance with zoning standards. b. Collector Streets Purpose To collect and distribute traffic between arterial and local streets or directly to traffic destinations. A secondary purpose is to provide access to abutting properties. Policies and Standards (1) The following standards are recommended for col- lector streets: Right-of-way width: 60 foot minimum Pavement width: 44 foot (two 13 foot moving lanes and two 9 foot parking lanes. 26 feet of pavement at intersections and cross- walks Moving Lanes 2 STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION June 7, 1977 - 7:30 P.M. Page 3 Volume: 1,000-6,000 vehicles per day Driving speed: 20-35 miles per hour (2) The standards described above are for collector streets in built-up areas where on-street parking and direct access to property are permitted. In special cases (such as large scale subdivisions where access can .be controlled, parking space can be provided in ofd-street parking bays, and walk- ways can be provided along rear lot lines), other standards may be appropriate. A collector street without on-street parking and without curb-cuts to individual properties can be developed with 24-26 feet of driving pavement. Such a street serves one function--to move traf- fic. (3) The plan designates the following as collector streets: North Dakota Street from 121st Avenue to Tiedeman Avenue. (4) R-7 would allow the following uses: (a) Outright permitted: 1. Single family dwelling, each on a sep- arately described lot, as recorded in the County records 2. Farming, truck gardening, orcna.rds, and nurseries, provided no retail or whole- sale business sales office is maintained ¢F on the premises and provided that no poultry or livestock, other than normal household pets, are housed or any fenced run located within one hundred feet of any residence other than the dwelling on the same lot 3. Home occupations, only as strictly de- fined in efined`'in Section 18 .08.250 { STAFF REPORT AGENDA 5,3 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 4 b. Conditional uses: (1) Duplex residential, with a minimum lot. size of 10,000 square feet: one duplex per lot (2) Boat moorage (3) Cemetaries (4) Churches and accessory uses (5) Colleges (.6) Community buildings (public) (7) Governmental structure or land use, including pub- lic park, playground, recreation building, fire station, library or museum (8) Greenhouse (9) Conditional home use: Following the procedure set forth in Chapter 18. 72, a conditional home use may be authorized for certain home occupational uses which do not strictly conform to the criteria set forth for "home occupation" as defined in Section 18.08.250. It is the intent of this provision to provide the means for request for the City's con- sideration of "home occupation" type uses when special circumstances are present which the appli- cant feels deserve this consideration . It is the intent of this title that any commercial or indus- trial operations which would ordinarily be condue- ted in a commercial or industrial district, con- tinue to be conducted in such district and not at home (10) Hospital , sanitarium, rest home, home for the aged, nursing home or convalescent home (11) Railroad right-of-way (12) School: nursery, primary , elementary, junior high or senior high, college or university, private, parochial or public ,_m _..amu :. _ _ . . STAFF REPORT AGENDA 5 . 3 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 5 (13) Utility substation or pumping station with no equip- ment storage and lines which are essential to the functioning and servicing of residential neighbor- hoods (14) Any business, service, processing, storage or dis- play essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building (15) Golf course, country club, private club (16) Children 's day care II . STAFF OBSERVATIONS : The site is a vacant parcel with no development constraints other than a part of the Fanno Creek flood plain (164' mean sea level) , which intrudes into the parcel on the east side of the street . The site is surrounded by generally undeveloped prop- erty and large lots with single family dwellings. The general character of the atea is rural, undergoing change to urban with the introduction of the Englewood and Black Bull Subdivisions. Water and sewerage service is available from the recently ap- proved Black Bull Subdivision to the north . Access to the site is available only from S.W . North Dakota Street , which is substandard in right-of-way and improvement width. In order to bring the existing right-of-way to meet the plan standards, a ten foot dedication along this property would be required. The attachment of the same condition as was attached to the Black Bull Subdivision (March 28, 1977) would satisfy the im- provement needs of S.W . North Dakota Street. "l. An agreement to participate in a local improvement dis- trict for the improvement of S. S . North Dakota Street be signed by the property owner, be recorded, and transferred to all deeds •for all new lots as they are sol.d . " (File ZC 18-76) III . CONCLUSIONARY FINDINGS : 1. There exists a public need to apply City of Tigard zoning to all parcels of land in the city in order to ease the administration of land use regulations and assure consis- tency throughout the city. STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 6 2 . The proposed R-7 zoning district is compatible with the surrounding zoning and conforms to the "Urban Low Density Residential" policies of the Tigard Community Plan, 197? z in that it limits the maximum overall density to four ddel ling units/acre, and, with the attachment of appropriate conditions, the adequate provision of public services to serve the proposed development can be assured. 3. The R-7 zoning is the most appropriate designation due to there being few development constraints and the need to efficiently utilize buildable lands in the urban area. IV. STAFF RECOMMENDATION: Based on the findings of fact and conclusionary ndings, the staff recommends approval with the following condi 1. An agreement to participate in a local improvement district for the improvement of S.W. North Dakota Street be signed by the property owner, be recorded, and transferred to all deeds for all new lots as they are sold 2. Ten feet be dedicated along this property for street im provements to S.W. North Dakota Street . i I