Ordinance No. 78-78 Jt CITY OF TIGARD, OREGON
1 ORDINANCE NO. 78- �
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
DONALD E. POLLOCK FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 9330 S .W.
DURHAM ROAD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 14A, TAX LOT
500, FROM WASHINGTON COUNTY "S-1" TO CITY OF TIGARD "R-7" SINGLE
FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B" , AND "C" 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
S-1 pursuant to the provisions of the City of Tigard's Zoning Ordinance
and Tigard Ordinance No. 75-52, and further finidng that pursuant to
prescribed procedures, the above-stated applicator for a zoning map
amendment was heard in a public hearing held by the Tigard Planning
Commission on October 17, 1978, 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
`K R-7 zone does not exceed density limitations 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
That the proposed zoning is compatible with the surrounding
neighborhood.
SECTION 2: TI3EREFORE, pursuant to the requirements of Chapter 18. 88 of
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
Exhibit "C - Site Plan -
t
ORDINANCE 1.40. ,v 7o_
ZC 21-78
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1
And further subject to the following conditions:
1. That 25 feet of right-of-way along S.W. Durham Road be
dedicated to the City with half street improvements
installed prior to County recording of the final plat.
2. That the developer submit construction and site drainage
plans to be approved by the City Engineer and Building
Departments prior to issuance of permits.
3. That all utilities be subsurface :installations.
4 . That no access be permitted onto S.W. uurham Road.
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 LF6.1,yirrr�u� vote of all Council members present this
Z_%-_ day of ,�,�,.�'¢,, 1978, after being read two
times by number and title only.
Record6r- -
r - ity o Tigard
APPROVED: By the Mayor this ;1'% ` day ofi1; c,.�• uy- 1978.
r,
Mayor - City of Tigard
Page 2
ORDINANCE No. 78-
ZC ;2178'
Order No. 26-7527
EXHIBIT "A"
Beginning at a point 216.15 feet East of the quarter section
corner of the North boundary of Section 14, Township 2 South,
Range l West, of the Willamette Meridian, in the County of
Washington and State of Oregon; thence East on said section line
216,15 feet to the Northwest corner of tract coy, aeyed to John
A. Annand, et ux, by deed recorded in Book 340, Page 125, of
the Deed Records of Washingtou County, Oregon; thence South along
the West line of said tract and an extension thereof, a distance
of 280. 5 feet to_the Northeast corner of tract conveyed .to
Donald Davis, et .ux, by deed recorded in Book 156, Page 140, of the
Deed Records of Washington County, Oregon; thence West along
the North line of said Davis Tract a distance of 216,15_ feet to the
Southeast corner of tract conveyed to Jo Ann L. Thille by deed
recorded in Book 436, Page 252 of the Deed Records of Washington
County, Oregon; thence North along the West line of said Thille
Tract a distance of 280.2 feet to the place of beginning.
f
STAFF REPORT
AGENDA 5.4
TLGARD PLANNING CO^EMISSION
October 17, 1978 7: 30 P.M.
Foc:rler Junior high - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Zone Change AC 21-78
Request: For a zone reap amendment from Wash. Co. S-1 "Single Family
Dwelling" to City R-7 "Single Family Residential" zone fob
a 1.29 acre parcel.
Location: 9330 S.W. Durham Road, 200 feet west of 32nd (Wash. Co.
Tax Map 2S1 14A, Tax Lot 500) .
Applicant: DONALD POLLOCK
Z. Findings of Fact:
1. The site has recently been annexed into the City.
2. There exists a need to assign City zoning to
annexed parcels.
3. The proposed zoning is in conformance with the
NPO #6 Plan designation as "Urban Low Density"
(one single family unit per 7 ,500 sq. ft.) .
F 4. The site is relatively flat with a single family
unit on the subject property.
5. The surrounding land uses are single family
residences to the north across Durham Rd. , and
to the east. Agricultural'1'and to the west and
south.
6. The site development will link up with an 8-inch
pressure line off the trunk line of the existing
L .S.A. sewer line serving the residences north of
the subject property.
7. Water will be supplied by an 8-inch Tigard Water
District line from the existing 12-inch trunk line
on S.W. Durham Road.
8. Southwest Durham Road is designated a residential
arterial road in the NPO tt6 plan, with a necessary
right--of-way 90 feet. The purpose of an arterial
street in NPO n6 Plan is as follows:
"To carry high volume traffic flow and to connect
major traffic generating areas such as residential
neighborhoods, commercial centers, industrial areas
and nearby communities".
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
October 17, 1978
Page 2
9. Public access from the site will be onto S.W.
Durham Road. S.W. Durham road is presently
under Courity jurisdiction.
II. Conclusionary Findings:
1. The right-of-way along S.W. Durham Road is
inadequate. Twenty-five additional feet is
necessary to bring the right-of-way up to the
standard required by the Comprehensive Plan
and Washington County.
2. Southwest Durham Road is presently in substandard
condition with no curbs or sidewalk.
III. Staff Recommendations:
Staff recommends approval subject to the following
conditions:
1. That 25 feet of right-of-way along S.W. Durham
Road be dedicated to the City with half street
improvements installed prior to County recording
of the final plat.
2. That the developer submit construction and site
drainage plans to be approved by the City Engineer
and Building Departments Pr`br to issuance of
permits.
3. That all utilities be subsurface installations.
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MINUTES
TIGARD PLANNING COMMISSION
October 17, 1978 - 7:30 P.M.
Pager 5
5.4 Zone Change ZC 21-78 (Donald Pollock) NPO #6
A request by Donald Pollock for a zone map amendment from
Wash. Co. S-1 "Single Family Dwelling" to City R-7 "Single
► Family Residential" zone for a 1.29 acre parcel at 9330 S.W.
Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lot 500) .
A. Staff Report:
Read by Selby
B. Applicant's Presentation:
Donald Pollock, the applicant, stated that he agreed with
the staff findings and recommendation.
C. Public Testimony:
None
D. Staff Recommendation:
Staff recommended approval with the following conditions:
1. That 25 feet of right-of-way along S.W. Durham Road be
=' { dedicated to the City with halt street improvements
installed prior to County recording of the final plat.
2. That the developer submit construction and site drainage
plans to be approved by the City,.Engineer and 3uilding
Departments prior to issuance of permits.
3. That all utilities be subsurface installations.
E. Commission Discussion and Action
o Brian asked if access could be limited onto S.W. Durham
. Rd.? _.
o Brian moved for approval with the staff findings and
recommendations with the additional condition that:
4) Access to the property be provided via an extension," .'.
of the Kneeland Estates Streets.
o Funk seconded.
Motion passed unanimously,
5.5 Zone Change ZC 23-78 (Mackenzie/Saito & Assoc.) NPO- #2
A request by Mackenzie/Saito & Assoc. for a zone map amendment
,m
MINUTES
TIGARD PLANNING COtM'IISSION
October. 17, 1978 - 7:30 P.M.
Page 6
f om Wash. Co. MA-1. "Farm Land" to M-2 "General Industrial"
zone on a 44.46 acre parcel on S.W. Scholls Ferry Road (Wash.
Co. Tax Maps ISI 34AA, Tax Lots 100, 200, 3-0., S 400; Tax Map
1S1 35B, Tax Lot 1700) .
Wood asked that staff and applicant address only the question
of whether or not the proposed zoning is in conformance with
the comprehensive plan.
A. Staff Report:
Read by Selby (sections that pertained only')
B. Applicant's Presentation:
William Kox, Attorney for Koll Business Center stated that
the NPO #2 Plan spoke only of specific industrial zoning
along for the areas near Tigard Street. Stated that the i
LCDC goals required a balance of industrial zones, Tigard
has a greater amount of M-4 zones in comparison to M-2 zones.
Stated that the applicants were not requesting a zone change,
but applying for the closest city zone to Wash. Co. MA-1.
Stated that the staff was requesting a zone change, and that
the current Washington County zone was a general industrial
zone. j
C. Public Testimony: I
o Donald Jarman of 11343 S.W. Ironwood Loop asked if the
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zoning was designed to M-2 genera.-_industrial and the
applicants did not follow through with their proposal?
Does the zoning adhere to the property?
i
o Wood stated that once the land was zoned it would be €
possible to put any uses permitted in an M-2 zone on the l
property.
s
o Wood stated that Kox was wrong on all points. 4
r
o Smith stated that a zone change was standard procedure'
upon annexation and that the comprehensive plan applied
to all areas outside of the city at the time of the drafting
of the plan that were within the plan area. Stated that G
the purpose of the zone change was not to conform to the I
city zoning that was closest to the Washington County
zoning for the parcel in questions but to conform with the
comprehensive plan. {
• Roger Fagerhorn stated that an M-2 permitted all other
M zones, Stated that they (the applicants) had come that
evening to present their proposal and explain what they
were going to do with the land,
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D.
1. We would like to request a zone change from S-1 to R-7
to standarize this property with the surrounding area
and conform within Tigards adopted Comprehensive Plan.
2. Tigards adopted Comprehensive Plan designates this pro-
posed R-7.
3. Better utilization of public utilities and increased
housing and elimination of an access off Durham.
4. Help support and utilize existing and proposed public
services.
5. .Adjacent to schools and existing and proposed public
services.
5. The impact or effect of proposed development will have
minimal effect in that it will utilize existing and
proposed public service.
7. The types of public service needed will be improved by
Developor as an extention of Kneeland Estates including
better access for fire and police.