Ordinance No. 77-99 r
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CITY OF TIGARD, OREGON
ORDINANCE NO. 77- _
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
W. R. HALVORSON FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 12555
S.W. SUMMERCREST DRIVE AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1
34CB AS TAX LOT 200, 201, 202, 203, AND 204, FROM WASHINGTON COUNTY
RS-1 TO R-7, SINGLE FAMILY RESIDENTIAL, AND ADOPTING EXHIBITS "A" AND
"B", 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
RS-1, 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 November
1, 1977, 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
therefore hereto attached and by reference made a part hereof, the
Council adopts 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 administration
of land use regulations and assure consistency throughout the
city.
B. The proposed R-7 zoning district is compatible with the surround-
ing zoning and conn-orms to the "Urban Low Density Residential"
policies of the Tigard Community Plan, 1971, in that it limits
the maximum overall density to four dwelling units/acre and, with
theattachmentof appropriate conditions, the adequate provision
of public services to serve the proposed development can be as-
sured.
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 herebyapproved, subject to the provisions of Chapter
18.20 (Single Family Residential Zone) of the Tigard Municipal Code
so embodied in or exhibited by the document submitted and identified
as follows:
Exhibit "A": Legal Description
Exhibit "B": Staff Report
and further subject`to the following conditions:
Ordinance No. 77- _
Zone Change 35-77
1• File With the city recorder
an against a Local Improvement District for Street remonstrate
ments to S.W. 121st Avenue,
2• Five foot dedication of right-Of-way be provided alo
S.W. 121st Avenue frontage, ng the
SECTION 3; This ordinance shall be effective on and after the
mayor.
day after its passage by the Council and approval by th
y the
PASSED: By 6(iian�muvs vote of all Council members
times b ?8 day
f ��'e�yr 1977, after being eread this
h e wa
y number and titlee o�.4-
Recorde`ity of T r
APPROVED: By the mayor this \/
day of b.e- 19 77.
IFS PP �
May City of gar --------
Ordinance No. 77-
Zone Change 35-77
Page 2
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EXHIBIT "A"
that portion of land in Section 34, Township 1 South,
Range 1 West, Willamette Meridian, Oregon, being more
particularly described as follows:
Beginning at the northeast corner of the south half of the
northwest quarter of the southwest quarter of said Section
34, being the northeast corner of the Frank R. Boese and
:Mildred J. Boese tract as described in Book 186 on Page 3
in said County's deed records; thence South, along the east
line of the northwest quarter of the southwest quarter of
said Section 34, a distance of 190.07 feet; thence South
890 49' West, along the north line of that tract of land
conveyed to Donald L. and Laura L. Schwindt as described
in Book 977 on Page 8 in said County's deed records;
thence West parallel with the north line of Summer Hills
Park, a subdivision of record in said County, a distance
of 126.0 feet to the Northwest corner of said Schwindt
tract; thence South, parallel with the center line of (fifty
foot wide) S.W. 121st Avenue, a distance of 138.0 feet to
a point on the north line of said Summer 'Mills Park
subdivision; thence West, along the north line of said
—subdivision, a distance of 750 feet, more or less, to a
point which bears West 72.3 feet from the northeast corner
of Lot 8 of said Summer Hills Park subdivision; thence
t North 85.0 feet. thence West, 11.0 feet; thence South 85.0
feet to a point on the north line of said Summer Hills
Park subdivision; thence West, along the north line of said
subdivision, a distance of 50.0 feet to the northeast
corner of Lot 35 of said Summer Hills Park subdivision;
a thence North 70.0 feet; thence West 215.0 feet; thence
South-70.0 'feet to a point on the north line of said
Summer Hills Park subdivision; thence West, along the north
line of said subdivision, a distance of 73.04 feet to
the west line of said Section 34; thence North, along the
west line of said Section, a distance of 327.01, feet;
thence East,, parallel with the north line of said Summer
Hills Park subdivision, a distance of 1320.0 feet to the
point of beginning of this description
EXHIBIT "B"
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
November 1, 1977 - 7:30 p.m.
POW-ler Junior High School - Lecture Room
.10865 S.W. Walnut St. - Tigard, Oregon
Docket: Zone Change ZC 35-77
Request: For a zone map amendment to change the zoning designation
from Washington County RS-1 to City of Tigard "R-7 Single
Family Residential" zone for parcels totalling 8.91 acres
Location: 12555 S.W. Summercrest Drive (Wash. Co. Tax Map 1S1 34CB,
Tax Lots 200, 201, 202, 203, 204)
Applicant: William R. Halvorson
I. Findings of Fact:
1. The applicant is requesting the application of the City of
Tigard Municipal Code to five tax lots totalling 8.91 acres,
annexed into the City of Tigard on August 25, 1976 and des-
ignated "Urban Low Density Residential" on the Tigard Com-
munity Plan, 1971.
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2. City of Tigard Ordinance 76-40 (September 27, 1976) directs
the Planning Commission to conduct such proceedings as may
be necessary to conform the authorized zoning and land use
of the parcel to the requirements of the Cit
and code Y's zoning map
3. The applicable policy from the Tigard Community Plan, 1971,
is as follows:
The maximum overall density of development zviZZ be four dweZling units
or 12 persons per gross acre. This amounts to a standard of 7,500
Square feet of land per dwelling unit, allowing for streets and other
open space. Some areas will have a lower density owing to topography,
existing development patterns or the desire of individuals to own a
Zarger lot.
II. Staff Observations:
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1. The site is relatively flat with a home located in the
western end of T/L 200. Surrounding land uses are single
family residents to the east and south, a vacant parcel to
the west, and an orchard to the north.
2. Water service is available to the site via an eight inch
line in S.W. 121st. Development within the entire area on
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STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
November" 1, 1977
Page 2
the west side of 121st is on septic tank systems. Sewerage
service would have 'to be extended from the east and across
121st via an eight inch line in Burlheights Street at such
time as these parcels are developed.
3. S.W. 121st is designated on the Tigard Community Plan, 1971
as a collector street. The necessary right-of-way for a
collector street is 60 feet minimum width. S.W. 121st is
currently on a 50 foot right-of-way. Therefore, an addi-
tional five feet of dedication would be required.
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 ad-
ministration of land use regulations and assure consistency
throughout the city.
2. The proposed R-7 zoning district is compatible with the sur-
rounding zoning and conforms to the "Urban Low Density Resi-
dential" policies of the Tigard Community Plan, 1971 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 services to serve the pro-
posed development can be assured.
3. The extension of a sanitary sewer line to the site would be
necessary before these parcels could develop.
IV. Staff Recommendation:
Based on Findings of Fact and Conclusionary Findings, staff
recommends approval with the following conditions:
1. File with the City Recorder an agreement not to remonstrate
against a Local Improvement District for street improvements
to S.W. 121st Avenue.
2. Five foot dedication of right-of-way be provided along the
S.W. 121st Avenue frontage.
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MINUTES
TIGARD PLANNING COMMISSION
November 1, 1977
Page 3
o Staff requested that, if the zone change was approved,
a half street improvement for S.W. Hampton Street be
required.
o Haley protested the half street improvement.
Wood moved and Brian seconded for approval with staff
recommendations based on the use's negligible impact on
the area and that NPO 4 policies would not be adopted by
the City Council for several months.
The motion was approved seven to one, with Sakata dis-
senting.
5.2 Zone Change ZC 34-77 (Caffall)
No one representing the applicant was present.
Sakata moved and Goldbach seconded that the item be tabled
to the next available meeting.
The motion was improved by unanimous voice vote.
5.3 Zone Change \ZC 35-77 ( alverson)
A request by W. R. Halverson for a zone map amendment to
change the zoning designation. from Washington County Zoning
RS-1 to City of Tigard Zoning "R-7, Single Family Residen-
tial" for parcels totalling 8.91 acres at 12555 S.W. Summer-
crest Drive (Wash. Co. Tax Map 1S1 34CB, Tax Lots 200, 201,
202, 203, 204)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Mrs. Halverson requested approval for zone change in or-
der to allow construction of single family homes.
C. Public Testimony:
None
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MINUTES
TIGARD PLANNING COMMISSION
November 1, 1977
Page 4
D. Staff Recommendation:
Based on findings of fact and conclusionary findings,
staff recommends approval with the following conditions:
1. File with the city recorder an agreement not to re-
monstrate against a Local Improvement District for
street improvements to S.W. 121st Avenue.
2. Five foot dedication of right-of-way be provided
along the S.W. 121st Avenue frontage.
E. Commission Discussion:
o Popp questioned the validity of the conditions since
no actual development was being requested.
Brian moved and Moore seconded for approval based on
staff findings and with staff recommendations.
The motion was approved by unanimous voice vote.
5.4 Zone Change ZC 36-77 (Ron More, Western Racquet Club)
A request by Ron More of Western Racquet Club for a prelimi-
nary plan and program review of an industrial planned devel-
opment in a M-3, Light Industrial, and C-3, General Commer-
cial, zone of parcels totalling 20.75 acres at Garden Place
and S.W. Pacific Highway (Wash. Co. Tax Mag 2S1 1BB, Tax
Lots 200, 300, 800, 1100, 1101, 1200, and the southern por-
tion of Tax Lot 400)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Ron More, applicant, introduced the architect for the
project. Don Stastny narrated a slide presentation, ex-
plained the project, outlined the different activities
and the flood plain treatment area. He stressed that
preliminary planned development approval was for concept
only, not for a specific plan.
Stastny agreed that the Hunziker Street access would be
investigated and that a traffic study would be done.
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