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Ordinance No. 78-43 CITY OF TIGARD, OREGON ORDINANCE NO. 78- t�. �_ AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY PROGRESS BIBLE CHURCH FOR AN AMENDMENT TO THE 1970 ZONING MRP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 12930 S,W. SCHOLLS FERRY ROAD AND DEPICTED ON 11ASHINGTON COUNTY TAX MAP 1S1 33AD AS TAX LOT 2100, FROM WASHINGTON COUNTY RS-1 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: SLCTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as Washinaton County RS-1 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 May 16, 1973, and all interested people were there and then afforded an opportunity to be heard, and thereafter the Planning Commission filed its recommended approval with the City Recorder, a copy therefore hereto attached and by reference made a part hereof, the Council adopts the following 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 assume consistency throughout the City, B. The proposed R-7. zoning district is compatible with the t surrounding zoning and the Urban Medium Density Residential Plan K designation. 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 MunicipalCodeso embodied in or exhibited by the document submitted and identified as follows: ' Exhibit "A - Legal Description. And further subject to the following conditions: 1. That 20 feet be dedicated to the public along Scholls Ferry Road frontage for future highway improvements. 2. That the mobile classrooms be removed, or a-temporary use permit be obtained from the City Planning Commission &, or City Council. ORDINANCE NO. 78- 4 3 ZC 11--78 SECTION 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval of the Playor. PASSED: By _tlnf� , vote of all Council members present this )(I day of Jt-421.e , 1978, after being read two times by number and title only. Recorder - City of T' and J APPROVED: By the Mayor this �� day of _�,,,,n e 1978. ' Mayor - City of Tigard Page 2 ORDINANCE NO. 78- ZC 11-78 ....... . ............. _ _ PROGRESS BI9LE CHURCH ZC 11-78 4; hl6 Tax Map 1S1 .,3AD, _ .x Lot 2100 a LEGAL DESCRIPTION Beginning at the East quarter Section corner of Section 33, Township l' South; Range 1 West; Willamette Meridian, Washington County, Oregon and running thence West 1320.12 feet more or ,less, along the Southerly boundary of the Vincent Olson tract as recorded in Book 225, Page 248, Deed Records, dated December 15, 1943, to an iron rod; thence North 573.8 feet to an iron rod, said iron rod marking the true point of beginning of this description; thence continuing North 299.38 feet, :, to the center of Scholls Ferry Road (County Road No. 348) ; thence North ; 720 55' East 292.93 feet along said centerline to a point; thence South 385.43 feet to an iron rod; thence West 280.0 feet to the true point of beginning of this description i C ,.fir _ o i r - y - • ;_, T.A. ff r L'• 4: S i t'. MINCITES TIGARD PLAN14ING C0"d•IISSION May 16, 1978 ( Page 8 buffering of the "duplexes along Park Avenue; direction given to help solve the developers problems; he realized the shortage of office space, a comprehensive plan change was necessary. 17ood wanted the uses -to be retail other than ancillary; . and the uses shifted so the strip commercial look is absent. Iie then made a notion -to table in order to allow the applicant to attempt to pursue comprehensive plan changes. - Quimby seconded and verified that the applicant would have to go through Public Hearing 'then to the City Council for their ultimate approval. - Wood also asked that the applicant be allowed an expedited meeting schedule and June 13 was set as a special date. The motion was approved unanimously. 5.3 ZONE CHANGE ZC 11-78 (Progress Bible Church) NPO #7 A. Staff Report: Read by Altman B. Applicant's Presentation: None at "this time C. Public Testimony: None A. Staff Recommendation: Based on the findings of fact and conclusionary findings, staff recommends approval subjectto the following conditions: 1. That 20 feet be dedicated to the public along the Scholls Ferry Road frontage for future highway ` improvements. 2. That the septic tank system be approved for the existing use by the Washington County Board of . Health. E 3. Than the mobile classrooms be removed or a temporary use permit be obtained from the City Planning. Commission or City Council. Rebuttal: Pastor Newkirk, stated he ,was in close contact with Washington County Board of Health; they are waiting for United Sewerage Agency hookup of sewer to begin around f MINUTES I t TIGARD PLANNING CM141ISSIONI s .`.lay 16, 1078 E Page 9 July 1; they would be using the septic dr-ainfield for one month; they had applied for a permit for a holding tank and don 't need approval. Popp, asked if the holding tank would be a health hazard. Laws asked what was the original capacity for the septic tank? - Newkirk stated they were unable to find the records . f -Popp asked for a sewer hookup date. - Laws stated it was anticipated at 60-90 days after . the initiation of the project; asked if assurance were to be granted by Washinf*ton County for an. okay. - New*kirk stated school started the end of Sentenber; . and Washington Counttr said if the system fails they- would -either have to close down or fix it. E. Commission s n Discussion: Lags recommended that staff conditon #2 be deleted and the issue of the septic tank be resolved during the conditional use portion of the application; in that a. construction of a sanitary sewer line is emanate to the property. Popp made a motion for approval with staff findings and recommendations and deleting condition T2. Wood seconded the motion. The vote was unanimous. 5.4 CONDITIONAL USE 13-78 (Progress Bible Church) NPO r7 A. Staff Report: Read by Altman B. Applicant's presentation: k None at this time. C. Public Testimony: None D. Staff Recommendation: Based on the findings of fact and conclusionary findings (° staff recommends approval, subject to the follolving conditions: E' 1. That prior to the provision of sanitary sewer service, t STAFF REPORT AGENDA 5.3 May 16, 1978 Fo%vler Junior High School - Lecture Room r 10865 S.W. Walnut Street - 'Tigard, Oregon Docket: Zone Change ZC 11-78 j Request: For a zone map amendment from County RS1 to City ! R-7 "Single Family Residential" for a 2.0 acre parcel. Location: 12930 S.W. Scholls Ferry Road (Wash. Co. Tax Map 1S133AD, flax Lot 2100) . s Applicant: Progress Bible Church I I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the Tigard Community Plan, 1971, and "Urban Medium Density on the NPO #7 Draft f Plan. The site is currently zoned RSI (County- Suburban Residential) . 2. The applicant is requesting the application of E ' the City of Tigard Zoning Ordinance to a 2 acre 1 parcel ,annexed to City in September 1976, (Ordinance 76-40) . 3. City of Tigard Ordinance 78-5A (February 27, 1978) 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.. 4. site is currently occupied by the Progress Bible Church, a mobile unit which is used for � Sunday school classes and a parking lot. The southern portion of the site is vacant. The r church has been operated for several years under appropriate authorization from Washington County. # 5. The existing structures are on a septic tank system. The applicant's ,narrative states that they have experienced problems with• the septic tank drainfield t which resulted in the county greatly restricting ` the operating capacity of the church. Sanitary € seder service is currently not available to the site. Sewer service will not be available until the Summer i Creek trunk line has been constructed. • f ' 6. Water service to the site is currently provided via E ' a private well. The Tigard water District presently STAFF REPORT AGENDA 5.3 May 16, 1978 Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Page 2 I does not serve this area. The nearest line is a { 12 inch line extended to 121st and Scholls Ferry Road. 7. Southwest Scholls Ferry Road is designated an arterial street requiring 80-120 feet of right- of-way. The existing right-of-way is currently 60 feet. Therefore an additional 20 feet dedication is required. 8. Southwest 130th Avenue is a local street and is not intended to be extended through to the Summer Lake Planned Development to the south. The street is currently only graveled and presently serves the church and five single family homes. II. 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 assume consistency throughout the City. 2. The proposed R-7 zoning district is compatible with the surrounding zoning and the Urban ?tedium Density Residential Plan designation. 3. The mobile unit, used as a classroom is a temporary- structure and requires a temporary use permit in accordance with Chapter 18.80 of the Tigard Municipal Code. III. Staff Recommendations: 1. Based on the findings of fact and conclusionary findincrs, staff recommends approval subject to the following conditions: 1. That 20 feet be dedicated to the public along the Scholls Ferry Road frontage for future highway improvements. { 2. That the septic tank system be approved for the existing use by the Washington County Board of Health. 3. 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