Ordinance No. 79-106 CITY OF TIGARD, OREGON
ORDINANCE NO. 79-j.4)�
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. MAC HARVEY
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT FOR A TRACT OF LAND AT 14275 S.W. 125TH STREET AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 2S1 9A, TAX LOT 200 FROM WASHINGTON COUNTY "RU-4" TO
CITY OF TIGARD "R-30PD" SINGLE- FAMILY RESIDENTIAL, PLANNED DEVELOPMENT ZONE 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 "RU-4" and further
findings 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 13,1979, 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. That the applicant is in conformance with the suburban low density
designation of NPO #3 Plan, and
B. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2 THEREFORE, Pursuant to the requirements of Chapter 18.88 of
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, Planned Development (R-30PD) use is
hereby approved subject to the provisions of Chapter 18.20 (Single Family
Residential Zones) and Chapter 18.56 (Planned Development District) of the Tigard-
Municipal Code as embodied in or exhibited by the documents submitted and
identified as follows:
Exhibit "A": -- Legal Description
Exhibit "B": - Staff Report
Exhibit "C": - Site Plan
And further subject to the following conditions:
1. That the applicant receive a minor Land Partition prior to issuance
of building permits.
2. No occupancy permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and
inspections verifying this have been carried out by the appropriate
department.
3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate City department
and changes are approved by that department. Application for
changes will be made in writing and shall include applicable drawings.
4. Construction plans on all public right-of-ways shall be submitted
and approved b•,1 the public work's Director prior to commencement
r'P' `-
of work.
5. Public water service and sanitary service shall be installed to
this site prior to the issuance of a building permit.
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 vote vote of all council members present
this day of 1979, after being read two
times by number and title only.
Recorder City of V gard
1'
APPROVED: By the Mayor this 7w day of 1379
May Cityy of Tigard
a
PAGE 2
OUDINANCE No, 79-
� r
3174
KNOW ALL MEN BY THESE PRESENTS, That We, i eonard L ltodland and
_._.......Anna..M..Nod land, husband and wife
,••._,,.•.• ...,,,.,, hereinafter called the grantor,for the eon•ideration hereinafter slatod,
to grantor paid by .... .Robert...R...Harvey..and...,T.oan. C.Harvcy, husband and wife. ........
............_....._....._............................................................_............................... ....
d _. ................................................._................................................... ... .hereinafter called the grantee,
..
lj don h.ereby grant, bargain,tell and convey unto t h a said Aran tca and grantees heirs, successors and *%signs, that
certain teal property,with the tenements,hereditaments and appurtenances thereunto belonging or appertaining,s%t-
tasted is:the County of .Wa.5hingtoR..................... end State of Oregon,described as follows,to wit:
1 a 7o '?Until lhC 'jCt J!` tai^ ^oll^.�:'1 � Cess:i�'C:� r�•C.1 y'rCrP::It-
..'+c ;irk. 1:1C 17* U ':pint 7nytpC T_:�. '.L•:C 7C :'ecClon
R•.Ln -e 1 '.:.~`., i4ia^ct:e '•;r_rii^t,, :.e:',in•ton
�'>I:::t'•,' ��'. •ens 61o.r- ''cc. :�7Ct.: �:'J t�'e corner sf znld
::actio:.; r .r:Ln; tt�cn e c nt C'0 CJc t; t,'i%rnec ^.out' �C„2 reet; t; r;nce
Frit 0 r>Yt to '..c I'.aat 11^.e of sale! Fectlon; thence Vort:i alon; said
ccc;!-.n !Inv ?C5.2 feet rp t'tc plucc o' b4.;inntn;.
c'�CtsF1I;;) un:1'r-,:tcr;In; a strip of 1-ind c0n1cnein, av a point
a:!,55 "cet i'urth fr7•.1 t;:c center of t!.a Coint; RoaC, where it
cro:ces'the rest lire cC !taction 9, To:t,:s,;tp 2 Erjuth, 9sn—,e 1 West, ,
.li1a^tcttc ticridl2.n, i:csiiin.;ton C +Jnt;, Orc;on; runrin; thence Lott i
'loamt
said action 1Lnc 30�.' feet;
`jcr.ce West 20 "eet; thence
rxrt`l' 305 ^_ feet; t'ience past ?o "act to t',c plrce of berinnin;, mid
5tri,: to tc used for n ro-:A "or purnvicea of in;rear c;rc:ao to an:
t°a e; the Couat:• oai ot•cr the ci lotnln ; strl;l or 20 feet wide to the �
^oath conve;cc by :1. ;;. ::r{o�.:n to .M19-. P. :wore by Dee-3 dated July —
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STA R:PO2T
AGENDA s.6
TrGAR7 PLANNING COMMEZSION
Ioverabar 13, 1979 - 7:30 P.M. -
Fowler js:nior High - Lecture Roos
10865 SW Walnut Street - Tigard, c)regor.
t,.
DCCicyT: ZONE CHANCE ZC 32-79 (Mac Harvey) w
APPLICAkNT: Mr. Mac Harvey OWNER- Mr. Robert Harvey
14275 SW 125th 14275 SPI 125th
Tigard, Oregon Tigard, Oregon
APPLIC.aTION €
DA: ': September 25, 1979 -
SITE
LOCATION: 14275 SW 125th. (Wash. Co. Tax Map 2S1 9A, Tax Lot 200.)
REQUEST: For a preliminary plan and program review on a 2.06 acre site.
t
I FINDINGS OF FACT:
1. The site is presently zoned County RU-4 and is designated R-30 "Single-
1`amily Residential". Miirteen thousand (13,000) square feet per lot_)
2. T„e aDplicanc is requcst-_ a nne change OF R-30PD in confot-aence wick
the Npo T3 Plan and Section 18.56.015 of the Tigard Municipal. Code.
(See Exhibit "A".) Y
3i
3. The subject site has an existing house located an the southeast. The
Site slopes from southeast to northwest in Excess of 25%. Therefore,
the Steepcondition is subject to a Sensitive Lairds Clas6ificat3.on
as defined in Section 16.57.07.0 (12) of the Tigard Municipal Code.
4, The s+irroundina laid uses consi;t cf the An-es Orchard and Ams O=-Jard iI
SLL.'Sd14'15i Qri to tf1� E2Sri, CO the riOPt: -3--id south. are individ�kl sin le-family
residznca on large lots, to the west is open space ane vacant parcel✓. @@
S. Access to the subject site is pruvlded oif S` 125th, which has a. twenty
foot right-oF-way with paving only. The access is private and therefore,
traffic use is limited, to those property owners which have sbgned an
access ease rent's agrees nt. The owner is one of the signers.
6. Sewer and water are available to the site through easements offthe r�.res
orchard Subdivision and SW 125th.
7. The site plan indicates thats_he 2.06 acres will be divided into two
residential lots. The front lot will be approximately 16+01 by 125° �
(20,000 square feet.) ., The rear Jot will be 360' x 1401 (70,000 square
feet) of which 50,260 square feet is in the sensitive land category of
steeping slope topography and therefore is unbuildable.
fi,
STAFF REPORT
AGENDA 5.6
November 13, 1979
Page 2
8. The Planned Development Designation provides deviation of lot sizes,
set-hack requirements, e t c. t o allow development of a site which .
contain sensi H if, Land conditions. The deviation in this case is the
buildable lot size for the two lots. (Refer to site plan) .
!I. C ONCLUSION-ARV FTNDINC;$;
1. The Zone Change request is in conformance with the Comprehensive Plan
Land Use Designation and the Sensitive Lands Ordinance Section 18.57.030
(4) of the Tigard Municipal Code.
2. The applicant's request to have the plan development process in one hearing
is possible if the Planning Commission finds that the improvements on
the site will not directly affect the steep slopes per Section 18.56.015
of the Tigard Municipal Code. Staff feels that the sensitive lands area
will not be affected and therefore, the one hearing process is in order.
3. Sewer and water are available to the site for an additional residential
unit.
III. STAFF RECONIMENDATION;
Staff recommends approval of the Zone Change to R-30PD subject to the following
conditions:-
1. That the applicant receive a minor land partition prior to issuance of
building permits.
2. No occupancy permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
3. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes
are approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
4. Construction plans on all public right-of-ways shall be submitted and
approved by the Public Works Director prior to commencement of work.
5. Public water service and sanitary service shall be installed to this
site prior to the issuance of a Building Permit.
Prepared by Ken .4 ly' Approved by Al i mrd''
Assoc. te City Planner t Hing Director
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