Ordinance No. 79-12 CITY OF TIGARD, OREGON
ORDINANCE No. 79-12
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. WILLIAM
A. GODWIN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD,
CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 9325 S.W. NORTH DAKOTA STREET,
AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 35AC, TAX LOT 500, FROM WASHINGTON
COUNTY "RU-4" 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 ORDIANS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore
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 January 9, 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. The proposed parcels conform to the NPO #2 Plan designation of
"Urban Low Density" and the current R--7 zoning:
B. Adequate water and sewer are available to the site.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of Tigard
Municipal Code, the applicant's request for an amendment of 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 Zones) 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 required for the approval
of applicant's minor land partition:
1. That an additional five feet of right-of-way be dedicated to the City on
S,W. Dakota (fronting Tax Lot 500) with half street improvements to
collector street city standards prior to issuance of building permits.
ORDINANCE No. 79
AC 33--78
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t
2. That site drainage plans be, submitted and approved by the City
Engineer and Building Department prior to the issuance of any
building permits.
3. That 25 feet of right-of-way along the west property line of
Tax Lot 500 from North Dakota to the north edge of Tax Lot
500 be dedicated to the City, and improved to meet the minimum
access requirements for residential use (i.e. 10 foot minimum
access width for each dwelling unit up to 3 and 30 foot minim,un
access width with paving over 80% of the required width for 3-5
dwelling units).
4. That the applicant file an agreement not to remonstrate against
the future improvement of the above dedicated street in Condition
#4.
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 h,02Q h,m n S vote of all Council members present this
A b day of f-e Jj Hcc& ,.W , 1979, after being
read two times by number and title 7only.
xlAw-�7 ('Lll'laxlz
Recorder - City of rd
APPROVED: By the Mayor this 14 day of J-o , 1979.
ayor - Ca.ty of Tigard
PAGE 2
ORDINANCE NO. 79--j i.-
ZC 33-78
k
R. L DRINKWATER
CONSULTING CIVIL ENGINEeR 3 LAND SURVEYOR
9095 SOUTHWEST CIRRUS DRIVE SiAVERTON,OREGON 31005
(503)641 4454
PROJECT: BILL G0014IN SURVEY (JOB N0. '78-64)
LOCATION: WASHINGTON COUNTY, OaLGON, CITY OF TIGARD ,
ITEM: ROADWAY DEDICATION DESCRIPTION
A PARCM OF LAND LOCATED IN THE SOUTHEAST 1/4, SECTION 35, TIS, R1W,
W.M. WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS:
BEGINNMG AT THE SOUTHEAST COR'QrR OF LOT 23 OF THE PLAT OF "ASHBROOK
FARM", A DULY RECORDED PLAT IN WASHIi:GTON COUNTY, OREGON, SAED POINT
ALSO BEING REPRESENTED BY A 3/4 INCH IRON PIPE; THENCE N 00 12'00" W
ALONG THE EAST LINE OF SAID LOT 23 CF "ASHBROOK FARM" A DISTANCE OF
25,00 F',,,,ET TO A 5/8 INCH IRON ROD IN. TEIr'. NORTH RIGHT OF WAY OF S-W-
DAKOTA STREET; THENCE S 89 10'00" W ALONG SAID NORTH RIGHT OF WAY OF
S.W. DAKOTA STRZZL" A DISTAZME OF 97.51 FES TO A 5/8 INCH IRON ROB
AND THE TRUE POINT OF BEGINJTNG OF THIS DESCRIPTION; THENCE N 00 12'00" W ►
PARALLEL WITH TFL, SAID EAST LINE OF LOT 23 OF "ASHBRCOK FARb1" A DISTA14CE
OF 350.94 FEET TO A 5/8 INCH IRON ROD; THENCE S 89 32'04" W' A DISTANCE
OF 22.5 MET TO A 5/8 INCH IRON ROD; THENCE S 00 12'00" E PARALLEL
WITH .THE SAID EAST LINE OF LOT 23 A DISTANCE OF 351.08 FEE TO A
518 TINCH IRON ROD IN THE NCRTH RIGHT OF WAY LINE OF SAID S.W. DAKOTA
STREET; TPENCE N 89°10'04" E A DISTANCE OF 22.5 FEET TO THE SAID
rR°.UE POINT OF BEGINNING OF THIS DESCRIPTION.
(
CONTA3'NDIG 7,897.73 SQUARE FEET MORE OR LESS ACCORDING TO THE BEARINGS
AND LOI;MNSIONS LISTED IN THE ABOVE DESCRIPTION AND A SURVEY OF RECORD
ON FILE WITH WASHINGTON COUNTY SURVEY RECORDS.
1
1
• STAFF REPORT
AGENDA 5.3
TIGARD PLAZINNING CO^-UIISSION
January 9, 1979, - 7:30 P.M.
Fowler Junior Nigh Schools - Lecture Room
108G5 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 33-78
Request: A request for a zone map amendment from Washington County RU-4 to City
of Tigard R-7 "Single Family Residential" zone on a .96 acre parcel.
Location: S.W. Dakota Street, east of 95th (Wash. Co. Tax Map 1S1 35AC, Tax Lot 500) .
Applicant: William A. Godwin
I. Findings of Fact:
1. On October 23, 1978 the Planning Staff Director approved the applicant's
request for a minor land partition (see attached staz'f report) .
2. The site and surrounding area is designated on the NPO #2 Plan as "Urban
Low Density" residential and zoned R-7 "Single Family Residential" which
has the following applicable requirements:
o 7,500 square foot minimum lot size (18.20.030 Tigard Municipal Code) .
o Five foot side yard setback for one story building (18_20.060 Tigard
Municipal Code) .
3. The site is bounded by single family homes on th'a v,Ss t and. grovors of vak
trees to the east, North and southeast. To the south and southwest are
single family homes on large lots. There is an existing residence on the
southern portion of the lot.
4. The northern 2/3 of the property is a wetland area where ground water is
seasonally within 111 feet of the surface.
5. North Dakota Street is in substandard condition, gravel surface, no curbs
or sidewalks.
6. North Dakota Street is designated as a collector street with a right-of-way
width of 60 feet and a pavement width of 44 feet in the NFO #2. The current
right-of-way is 50 feet.
7. Metzger.Water District service is available to the site from a four (4) ,
inch line in North Dakota Street. Sanitary sewer service is available
from an 8 inch line in S.W. Dakota Street.
S. Tots 1 and 2 are proposed as flag shaped lots with ten foot wide parallel
accesses along the western lot line of Tax Lot 500. The existing residence
has access directly onto Dakota Street approximately 50 feet to the east of
the proposed access drives.
II. Conclusionary Findings:
1. The proposed parcels conform to the NPO #2 Plan designation o€ "Urban Loa
Density" and the current R-7 zoning. The lots are substantially above the
minimum lot size for single family dwellings.
STAFF RF'PORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
Januar` 9, 1979 - 7:30 P.M.
2C 33-78
Page 2
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2. Adequate water and sewer are available to the site. ;
r
3. The a&quate right-of-way width on North Dakota Street has been made a
condition of the minor land partition approval (see attached staff report
MLP 12-78, dated October 23, 1978.)
III. Staff Recommendations:
Staff recommends approval based on conditions required for the approval of.
applicant's minor land partition.
Report prepared by: Ken Selby
Associate City Planner
January 4, 1979
f
4
5
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m4
STAFF REPORT - FINAL ?._rIoL
' October 23, 1978
TIGARD PLANNING DEPARTMENT
C rTY HALL
12;20 S.W. Main St. - Tigard, Oregon
Docket: Minor Land Partition 12-78
Request: To divide a .96 acre parcel into three parcels in a R-7
"Single Family Residential" zone. i
Location: S.W. Dakota Street, east of 95th (Wash. Co. Tax Map
1Si 35AC, Tax Lot 500) .
Applicant: Sill Godwin
I. Findings of Fact:
1. The applicant is requesting permission in accordance with
Section 17.24.030 of the Tigard Municipal Code, to divide
a .96 acre parcel into 11,750, 10,250 and 20 ,000 square
foot parcels on the north side of Dakota Street, east of
S.W. 95th.
2. The site and surrounding area is designated on the NPO #2
Plan as "Urban Low Density" residential and zoned R-7
which has the following applicable. requirements:
0 7,500 square footmini.mum lot size (18.20.030 Tigard
Municipal Code. )
o Five foot side yard setback for one story building
(18.20.060 Tigard Municipal Code)
(
3. The site is bounded by single family homes on the west and
groves of oak trees to the east, north and southeast. To
the south and southwc� st are single family homes on large
lots. There is an existing residence on the southern
portion of the lot.
4. The northern 2/3 of the property is a wetland area where
ground water is seasonally within 13-, feet of the surface.
5. North Dakota Street is in substandard condition, gravel
surface, no curbs or sidewalks.
6.. North Dakota Street is designated as a collector street with
a right-of-way width of 60 feet and a pavement width of
44 feet in the NFO #2. The current right-of-way width is
50 feet.
�i
7. Water is available to the site from a four (4) inch line
in N. Dakota Street. Sanitary sewer service is available
from an 8 Inch line Metzger line in S.W. Dakota Street.
r.
8 Lots 2 and 1 are proposed as flan shaped lots with 10 foot e
wide parallel accesses along the western lot line of Tax
Lot 500. The existing residence has access directly onto
Dakota approximately SG feet to the east of- the proposed
access drives. f
STAFF REPORT - FINAL ACTION `
October 23, 1978
TIGARD PLANNING DEPART14E:NT
MLP 12-78
Page 2
II. Conclusionary Findings:
1. The proposed parcels conform to the NPO fi2 Plan designation
of "Urban Low Density" and the current R-7 zone. The lots
are substantially above the minimum lot size for single
family dwellings.
2. Adequate water and sewer are available to the site.
3. The right-of-way width on N. Dakota Street is inadequate for a
collector street.
4. The proposed lots meet the minimum access requirement for
single family dwellings with 10 feet of access for each of
the northerly lots.
III. Final Action:
Based on the findings of fact as stated above the proposed
minor land partition is hereby approved with the following
conditions:
1. 'That an itcjree:rtcnt not to renoon��trate aga Inst the forme_tior,
of a local improvement district for street improvements to N.
Dakota Street (to collector street standard) be filed with
the City Recorder.
2. That an additional 5 feet of right-of-way be dedicated to
the city on N. Dakota.
3. That site drainage plans be submitted and approved by the
City Engineer and building department prior to the issuance
of any building permits.
4. That 25 feet of right-of-way along the west property line of
Tax Lot 500 from N. Dakota to the north edge of Tax Lot 500
be dedicated to the City and improved to meet the minimum
access requirements for residential use (i.e. 10 feet
minimum access width for each dwelling unit up to 3 and 30
foot minimum access width with paving over 80% of the
required width for 3-5 dwellings units)
5. That the applicant file an agreement no to remonstrate.. .agains:
the future improvement of the above dedicated street L
in Condition #4a
i.i
y KF�-INETH-E- WEAVER
Planning Director
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MINUTES
TIGARD PLANNIJ CONU�IISSItj
January 9, 1979 - 7:30 P.M.
Page 7
John Butler, 9760 S.W. O'btara Street, did not object to the subdivision
but did object to the proposed street. He suggested if additional
streets are to be built to relieve traffic congestion, it should be an
extension of Ash Street over the greenway.
Lionel Domreis, 13700 S.W. Ash Street, who owns or owned much of the
property on Ash Street to be affected, detailed the topography of, and
future building plans in, the immediate area. He pointed out that the
proposed street would make a block on Ash Street with only three houses
between two 50-foot streets.
Mike Kayatt, 9765 S.W. O'Mara Street, TL 2701, expressed concerns similar
to those of previous speakers, emphasizing particularly the safe play
area afforded by the present private roadway.
M.L. Clayton, 12980 S.W. 132nd Avenue, Tigard, owner of the property
in question, detailed his original proposal, which he still favors;
hence his status as a proponent in this action.
There were no opponents of Uie appeal.
D. Staff Recommendation:
Staff recommendation was read by Selby.
E. Commission Discussion & Action:
'i
o The President observed that the adjoining property owners opposed the
road called for by the Planning staff in the October 23, 1978, bthP 14-78
Final Action. Alternatives were discussed by the Commission.
o Commissioner Wood expressed concern that in the future, property owmers
should not have to help develop local streets, the primary purpose
of which is to serve nearby local owners, without proper compensation
from the local owners or developer. Thereupon he moved that the appeal
be approved, but that conditions 4-7 be deleted, and that a new condition
4 be added as follows: - "The applicant shall provide an access easement
for the benefit of Lot #2 and construct a paved driveway to this lot
suffi,7ient to meet City Code.
o This motion was seconded by Smith and passed unanimously.
5.3 Zone Change ZC 33-78 (William A. Godwin) ALPO #2
A request by William A. Godwin for a zone map amendment from Wash. Co. RU 4,`
to City of Tigard R-7 "Single Family Residential" for a .9 acre site at
9325 S.W. N. Dakota Street (Wash. Co. Tax Map 1S1 35AC, Tax Lot 500) .
A. Staff Report:
Zone Change ZC 33-78 was characterized by the President as a housekeeping
measure. Since no one was present to testify on it, the reading of the
staff report was dispensed with.
3
MINUTES
TIGARD PLANNING CON.XISSION
January 9, 1979 - 7: 30 P.M.
Page 8
B. Applicant's Presentation:
None
C. Public Testimony:
None
0. Staff Recommendation:
The staff recommendations were not read into the minutes,
E. Commission Discussion 6 Action:
o Wood moved for approval of zone change request based on staff
findings and recommendations.
t
o The motion was seconded and passed unanimously.
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5.6 Miscellaneous MLP 1-78 (Mercury Development Co,) NPO #7 E.
i
A,request by City Planning Staff to amend condition 42 of MLP 1-78
(approved 10/11/78) on a 28 acre site in a C-4 PD and Wash. Co. RU-4 zones "
1� S.W. 122nd and Scholls Ferry Road (Wash. Co. Tax Map 1Sl 34B, Tax Lot 400),
Staff explained that NPO #7 does not approve the extension of S.W. 222nd Avenue
into 'Scholls Ferry Road, hence Condition #2 of MLP 1-78 should be repealed. �
Discussion revealed the NPO #7 Comprehensive Plan had not yet been approved,
but was scheduled to be heard by the Planning Conunission on January 23, 1979. `
it appeared the developer would not be inconvenienced by a modest delay..
Thereupon Wood moved to table this item until the meeting of ,January 23, 1979.
The motion was seconded and carried unanimously.
6. Old Business;
Selby read the letter, to the Corps of Engineers, signed
g � g by the Comms.ssion
President, requesting a zero level floodway policy if their time permits
7. New Business:
None
8. OtherBusiness:
6
Selby apologized for having seven items on the January 16 agenda, but pointed out
the applicants had been warned that due to the volume of requests to be heard it
was possible not all of them would be acted upon at that time. The President E
commented that we have been taking about one hour for each item. Wood questioned �
the necessity of reading staff reports in their entirety in all cases, a suggestion
which received general approval.
i .'
CITY 6F TIfrARD
7 ANN�.XfD MY PR6PZ'R7-Y INTO CITY
OF 'rlIsARD ►D //8/-78 IN btbtlt TD
OBTAIN PERMITS TO IMPRbVF- TltL LAND
E
1 MUST" 1fAVE CITY ZONINCr IN Sr£RD aF
C611A7Y.
T}fANK 't`6 U
Y�/[LIAM R COOW/�