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Ordinance No. 78-05 CITY OF TIGARD, OREGON ORDINANCE No. 78-_, AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY RICHARD H. CAFFALL FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND ON THE NORTH SIDE OF S.W. 100th ST:, BETWEEN S.W. ASH AND S.W. MCDONALD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2CD AS TAX LOT 2100, FROM WASHINGTON COUNTY "RU 4" TO 'CITY OF TIGARD "R=7"SINGLE FAMILY RESIDENTIAL AND ADOPT ING"EXHIBIT""X11`�ANDT"B" ORANTING`THE,APPLICATION AND.:FIXINGiAN 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 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 o, 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 therefor hereto attached and by reference made a part hereof, the Council adopts the following substantive findings: A. That the application is in conformance with the Tigard Community Plan in that the minimum lot size allowable in the R-7 zone does not exceed density ].imitations of the urban low density residential designation. 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 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: 1. Ten feet be dedicated along the McDonald Street frontage and five feet be dedicated along the Ash Street frontage. 2. File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improvements to S.W. McDonald, S.W. 100th, and S.W. Ash Streets. ORDINANCE No.'78- r' , . •_ - ........,w . . ,. .. _.. ,_ .vim r._i ...;�'I.af> of „e .. .!/,r.. a -.+ .-. .enb p�'.f{ .3tJ t-'�%$�.k.n.Y .e�', _,.x.. e+�il➢�.A39e`L°_ 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 St ;'lcnrn u7r,� vote of all Council members present this -".? day of Jss , 1978, after being read two times by number and title only. Recorder - C ty of Ti rd APPROVED: By the Mayor this3 day of 1978. Mayor - City of Tigard i 1 z e t i f r f yf ORDINANCE No. 78-,5" 1 r EXHIBIT "A" Beginning at an iron pipe at the Northwest corner of Lot 30, of Frewing:s Orchard Tracts Subdivision in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, running thence on the North line of said Lot 30, North 74° 39' East 147.9 feet; thence South 3° 18' East parallel with the West line of said Lot 30, 621.2 feet to a point on the South line of said Lot 30; thence on the South line of Lot 30, South 89° 32' West 144.9 feet to the South West corner of said Lot 30; thence on the West line of said Lot 30, North 30 18' West 582.8 feet to the place of the beginning. s ORDIXI MCE No.: 78- 1 C STAFF REPORT EXHIBIT "B" AGENDA 5.2 TIGARD PLANNING COMMISSION November- 1 , 1977 - 7:30 p.m. Powlez Junior High School -- Lecture Room 10865 S.W. Walnut St: - Tigard, Oregon Docket: Zone Change ZC 34-77 Request: For a zone map amendment to charge the zoning designation from Washington County RIJ-4 to City of Tigard 11R-7, Single Family Residential" zone for a 1,59 acre parcel Location: North side of 100th Street between Ash and McDonald (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100) Applicant: Richard Caffall I . Findings of Fact : 1. The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed, August 24, 1977, 1.59 acre parcel , designated "Urban Low Density Resi- dential" on the NPO #1 Plan . 2. City of Tigard Ordinance 77--85 (September 26, 1977) ;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 City's zoning map and code. 3. The appli cable policy from the NPO #1 Plan is .as follows The maximum overall density of development will be four &Oelling units or 12 persons per gross acre. This amounts to a standard of 7,500 square feet of Zand per d+velling 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 larger lot. II . Staff Observations: 1. The site is a vacant, gently sloping (south to north) par- eel. Surrounding land uses are single family residential to the south, east, and west; to the north is the Berea sub- division (presently under construction) . G. Water service is available to the site via an eight inch line in McDonald, a six inch line in 100th, and a 12 inch line in Ash Sanitary sewer service is currently not R STAFF REPORT AGENDA 5.2 TIGARD PLAITNING COMMISSION November"1, 1977 Page 2 available to the site, and a line would have to be extended from the north. 3. S.W. 100th and S.W. Ash Streets are designated on the NPO #1 Plan as local streets and requiring 50 feet of right-of-way. S.W. Ash Street currently lacks the necessary right-of-way.- therefore, ight-of-way;therefore, an additional five feet of dedication would be required. S.W. McDonald is designated a collector street, requiring 60 feet of right-of-way. S.W. McDonald is cur- rently on a 40 foot right-of--way. An additioal ten foot dedication would be required. Presently all three streets are substandard, lacking curb, sidewalks, and lighting. 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 NPO #1 Plan ifn"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 proposed development can be assured. 3. The extension of a sanitary sewer line to the site would be .necessary before this parcel could develop. IV. Staff Recommendation: Based on the Findings of Fact and Conclusionary Findings, staff recommends approval subject to the following conditions: 1. Ten feet be dedicated along the McDonald Street frontage and five feet be dedicated along the Ash Street frontage. 2. File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improve- ments to S.W. McDonald, S.W. 100th, and S.W. Ash Streets. MINUTES TIGARD PLANNING COMMISSION December 6, 1977 Page 4 Guldbach moved for approval and Brian seconded based on staff recommendations. The motion was approved by unanimous voice vote. 5.2 Zone Changs ZC 34-77 (Caffall) (Fabled from Planning Com- mission meetin tuber 1, 1977) A request by R. H. Caffall for a zone map amendment to change the zoning designation from Washington County Zon- ing RU--4 to City of Tigard Zoning "R-7", Single Family Re- sidential, for a 1.59 acre parcel at the north side of 100th Street between Ash and McDonald (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100) A. Staff Report: Read by Laws B. Applicant's Presentation: Bill McMonagle, of S.W. Commercial Street, stated they had no objections to a zoning change. C. Public Testimony: None D. Staff Recommendation: Based on the findings of fact and conclusionary find- ings,,-staff ,recommends approval subject to the follow- ing conditions: 1. Ten feet be dedicated along the McDonald Street frontage and five feet be dedicated along the Ash Street frontage. 2. File with the City Recorder an agreement not to re- monstrate against a Local Improvement District for street improvements to S.W. McDonald, S.W. 100th, and S.W. Ash Streets. E. Commission Discussion: Sakata moved and Goldbach seconded for approval based on staff recommendations. The motion was approved by unanimous voice vote.