Ordinance No. 79-115 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 79-1/..
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MS. PAULINE
f GIROD FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING
THE ZONE DISTRICT FOR A TRACT OF LAND AT 9960 SW FREWING AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 2S1 2CB, TAX LOT 3300 FROM CITY OF TIGARD "C-3"
TO CITY OF TIGARD "A-2" MULTIFAMILY RESIDENTIAL 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 City of Tigard "C-3" 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 December 4, 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 proposed density
within the permitted amount for the multifamily de.3ignation.of the
NPO $s Plan.
B. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2'e 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 Multifamily Residential (A-2) use is hereby approved subject
to the provisions of Chapter 18.24 (Multifamily Residential Zone) 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 Pian
And further subject to the following conditions:
1. That the applicant dedicate five feet of right-of-way with
half-street improvements along SW Frewing to local street
standards prior to issuance of a Building Permit.
2, No Occupancy Permits shall be issued until all conditions placed
of
Upon this development by the City Tigard have been satisfied
been carried out by the
and inspections verifying this have
appropriate department.
L 1^ade to approved plans or specifications
3• No changes will Le - ro riate City
unless =i�iu�a1 Ypl;ration is made to the app P
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 sanitaryservice
Building be
installed
to this site prior to
the issuance 6. All existing or proposed utilities shall b� lacedoveby nderground•
Street lighting installations shall be app
Works Director.
site design approval prior to issuance of
7. That the owner receive
a building permit.
8. liaiat the drainagewav be kept in its natural
tationstate
and p�and othat thever
owner clean out all dead or dYthe Public Works Director to
at
improvements are requested by
insure proper working order of the drainage area prior to
issuance of Building Permits.
ce
this
9, No Minor Land Partitions lication isll be de in made t thenCityoof Tigard
project unless formal app roved and
Planning Department and the Minor
Land Partition is app
recorded.
This ordinance shall be effective on and after the 31st day after
SECTION 3: royal of the Mayor.
its passage by the council and app
E vote of all council members present this
PASSED: Y utie�t �r j igag, after being read two
day of .�,b,__v__�-
tirws by number and title only.
Rec rder - City of and
APPROVED: By
the Mayor this ,� "t day of 19
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Mayor - City o T Bard
Iva ORDINANCE NO.
z 36-79
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POLICY OF TITLE INSUk/,NCE
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s' 55,000.00--- 235.00--- September 12, 1979 11:51 Arai
---GIROD'S SUPERMARKET INC.---
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---MELVIN E. BALLARD and JOYCE A. BALLARD, an estate in fee simple, as tenants
by the entirety---
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2. The land referred to iv this polio is dl..,cribcd as follows:
--The Northeasterly (Quarter of Lot numbered 20, in FREWING ORCHARD TRAC'T'S,
accordin; to the duly recorded plat thereof, in the County of Washington and State of
Oregon, more particularly described as follows:
BEGINNING at the most Easterly corner of Lot 20, FREWING ORCHARD TRACTS, a
point in the center of SW Frewing St. (C.R. 713) and running thence South 50°10' West,
along the Southeasterly line of said Lot 20, to the most Easterly cur of that tract
described in Deed to Irvine W. Larson, et ux,recorded July 3, 1947. in Book 275, Page 807,
Washington County Deed Records; thence North 52'201 West, along the Northeasterly line
of the said Larson Tract to the most Southerly corner of that tract described in Contract
`4 to Vance R. Lee, et al, recorded January 28, 1959, in Book 413, Page 777, Washington
County Deed Records, thence Northeasterly along the Southeasterly line of said Vance
Tract to the Northeasterly line of said Lot 20; thence Southeasterly along the North- W
easterly line of said Lot 20, to the point of beginning.
EXCEPTING that portion lying within the boundaries of S.W. Frewing St. (C.R. 713).---
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Portland, Oregon
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STAFF REPORT
TIGARD PLANNING COMMISSION
AGENDA 5.2
December 4, 1979 - 7:00 P.M.
Fowler Junior High, Lecture Room
10865 SW Walnut Street, Tigard, OR
DOCKET: ZONE CHANGE ZC 36-79 (Girod Property)
APPLICANT: Ms. Pauline Girod OWNER: Same
11390 SW 92nd
Tigard, OR
APPLICATION
DATE: October 29, 1979
i
SITE
LOCATION: 9960 SW Frewing (Wash. Co. Tax Map 2SI 2CB, Tax Lot 3300)
REQUEST: For a zone change from City of Tigard C-3 "General Commercial"
to A-2 "Multi-family" on the .27 acre parcel.
I. FINDINGS OF FACT:
1. The site is presently zoned C-3 "General Commercial" and is designated
A-2 "Multi-family Residentiall"on the NPO #1 Plan.
2. The applicant wishes to zone the site in accordance with the Comprehensive
Plan in compliance with Section 18.24 (Multi--family Residential Zone) of
the Tigard Municipal Code (see exhibit "A" and attached site plan).
3. Applicable policies of the NPO #1 Plan:
. Policy #8, Page I8 - "Density"
. Policies #9 & 1#10, page 18 "Public Improvements"
. Policies #12 & #13, page 18 - "Site Improvements"
4. There is a single-family unit on the northwest corner of the site. The top-
ography slopes from west to east at an approximate eleven percent. There
is a drainage area on the southeast corner of the property. The surrounding
land uses are apartments to the east and north across Std Frewing. To the
west are the Mr. C.'s Camera Company and the Pizza Merchant Commercial
buildings fronting SW Pacific Highway. To the south is a vacant parcel
designated to be multi-family.
5. Access to the site will be off SW Frewing. Std Frewing is a City street
having 40 feet of right-.--i-way with approximately 20 feet of paving and
no curb or sidewalk. The street is designated on the NPO #1 Plan as a
local street. There is a street light located on the northwest corner
of the site.
T��
STAFF REPORT
TIGARD PLANNING COMISSION
AGENDA 5.2
December w, 1979
Page 2
6. Sewer and water are presently on the site off SW Frewing and capacity for
additional apartment units is available.
i
7. The applicant proposes to partition the parcel into two lots. The duplex
will have approximately nine thousand square feet and the western lot will
have approximately 7,110 square feet. The square footage and number of units
are in keeping with Section 18.24.030 lot requirements of the Tigard
;,unicipal Ccdea
II. CONCLUSIONARY FINDINGS:
1. The zone change request to "A-2" is in keeping with the NPO #1 Plan.
2. The proposed density is within the permitted amount for the multi-family designation.
A minor land partition is required.
3. SW Frewing is in need of five additional feet of dedication along the
frontage of the subject site with half-street improvements=
4. In accordance with Section 18.56.015 (b), the Planning Commission must find
that since the proposal is not needed to carry out the purpose of open
space, the Planning Commission may exempt the Dlarned Development designation .
requirement. €-
III. STAFF RECOMENDATION:
Staff .recommends exemption of the Planned Development Designation Requirement and
approval of the Zone Change subject to the following Conditions:
I. That the 14pplicant dedicate five feet of right-of-way with half-street im-
provements along SW Frewing to local street standards prior to issuance of
a building permit.
t
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 ap-
proved by the Public Work's Director prior to commencement of work.
k
5. Public water service and sanitary service shall be installed to this site
prior to the issuance of a Building Permit.
STAFF REPORT
TIGARD PLANNING COIDaSSION
AGENDA 5.2
December 4, 1979
Page 3
6. All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Work's Director.
7. That the owner receive site design approval prior to issuance of a building
permit.
8. That the drainageway be kept in its natural state and that the owner clean
out all dead or dying vegetation and perform whatever improvements are
requested by the Public Work_ Director to i.usure proper working order
of the drainage area prior to issuance of building permits.
9. *7o Minor Land Partitions shall be made in reference to this project unless
formal application is made to the City of Tigard Planning Department and
the Minor Land Partition is approved and recorded.
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Prepared , y Ken Selby Approved by Howard
Associate City Planner Planning Di
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