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Ordinance No. 79-43■ l CITY OF TIGARD, OREGON ORDINANCE No. 79- IN AN ORDINANCE ADOPTING FINDINGS n7ITH RESPECT TO AN APPLICATION BY JOHN ANNAND FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT TRACT OF LAND WEST OF S.W. 109TH AVENUE AND DEPICTED ON WASHING- TON COUNTY TAX MAP 2S1 JOAD, TAX LOT 8800, FROM CITY OF TIGARD R-7 "SINGLE FAMILY RESIDENTIAL TO CITY OF TIGARD A-2 "MULTIFA.MILY RESIDENTIAL" AND ADOPTING EXHIBITS "A", "B", & "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 R-7 Single Family Residen- tial 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 May 1, 1979, 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 Urban Medium Density Residential designation of NPO #6 Plan, and B. That the proposed zoning is compatible with the surrounding neighbor- hood. 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 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 embodi- ed 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 half street improvements along the subject property fronting Southwest of 109th Avenue be made prior to issuance of building permits. 2. That the developer submit construction and site drainage plans to be approved by the City Engineer and Building Departments with necessary bonds prior to issuance of building permits. ORDINANCE NO. 79- A& ZC 9-79 3. That the significant vegetation be perserved. 4. That the Staff is directed to work with the applicant to find a mutually agreeable location for the road across the property to serve the area not yet developed. 5. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instance until after the changes have been approved. Any deviation from this condition will result in the immediate posting of a stop work order on the project or any por- tion of the project. 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: B vote of all Council members resent this By 0��/�Cvr���5 P ;z/ 5 a- 1979, after being read two times by number and title dnlv. w Reo rder - City of Tig d J APPROVED: By the Mayor this _�/� day of ��� , 1979. —7— ayor - Cit of VMrigaard PAGE 2 ORDINANCE No. 79-.e(� ZC 9-79 TI WARRANTY DEED !O 38659 Gil KN�?iY ALL AlEN BY THESE PRESENTS,ThaL.-ICL'F`. D AtaiAND, .CATIIERIb"..T•.ANNAli S03AN I "WK�,-NARYyId 1FY� PtIt�1ND•Ala JOHN D ANNAND 11 - . W i' �'- o jo ( sy'nsirieration l er tier stated,to grantor paid by JOSEPH 1 L.. ere^Tram ratfrrl Li*` gr ti hereinafter celled <i; VAN,WN....Ar1D ..LINDA E._VAN..L,0:1 . . ��he grantee,dxs hereby grant,bargain,sell and convey unto the said grantee and grantee's heirs, successors end fff(ff ;I assigns,that certain real pro party,with the tenements,hsreditamenta and appurtenmir- thereunto belonging or ap- I+ pertaining,situated in Rite County of...Washington.. and State of Oregon,described as follows,to-wit: 1 A tract of land situate in the northeast quarter of Section 10, Township 2 South, Range 1-West, Willamette Meridian, Washington County Oregon, described as follows: .aaaoiiia8eginning_at f point on the nnrth %1i.n�of the southeast quarter of the thaas quarter of`sat_d Ztfon N 89-a�_dD"sl 990.18 feet, more or les froi the east line of said section and running thence S 0-51-50W parallel with said east line of section 124.71 feet, more or less, to the north line of a 50.0 foot deeded roadway: thence S 68-30 E on said roadway northerly line 106.95 feet, more or less, to the west line of that tract of land described in Book 1092, Page 594, Deed Records of said county: thence N 0-51-50 E on said west line 163.17 feet, more or less, to the north line of the southeast quarter of the northeast quarter of said section: thence N 89-34-10 W on said line 100.09 feet, more or less, to the point of beginning, containing 0.33 acres, more or less. OAccess to this property is hereby allowed by an easement of 20 feet wide from S. W. 109th Avenue to be incorporated at a future date in a permanent street extension from S. W. 109th Avenue to the Fast line of tax lot No. 4100. i� No structure is to be erected which highest point exceeds in height a level d greater than four feet above the surface of the cement patio floor adjacent to the Guest House of the Annand residence and no tree shall be permitted to grow above this height. Should any tree grow to an excess above this height and "t not be trimmed to this height; the owners of the Annand House shall have the right of access to the property for the purpose of trimming any tree to the designated height and be obligated to remove such trimmings. Sewer easements along the North and East property lines of the above described property of 10 feet in width shall be provided for maintenance of said sewers and the right to connect to said sewers is hereby granted to the owner of the above described property who shall obtain such permits necessary to make such connection from the governmental authority controlling such sewer connections. These Conditions shall follow the land or any subsequent sale and be a conditi in the deed or deeds binding upon successor owners of this property. l - ............ ......................_...... known to me to be the identical individuals... described in and who executed the within inetrurnent and acknowledged to me that.......they.........__executed the same freely and voluntarily. __. TESTIMONY WHEREOF,I have hereunto set my hand and affixed F_- B-c7SY P. �` C.L'.i t^0' my official seeal theeday and yea-last above written. , ...........r rewais>Icr1 rlx i �� Commission AfY Coaunrssron ezptres......................._5,/_V._7.9....... 1 ""•1"""� t1 Clncl RGa.1 Et 8 _ STATE OF OREGON j 1} .... ._.. .... ._.... ..... County of Washington r SS cR raR]nAN[A o AooREss , 1, Roger rhoms,an, Dirantw of RecodS , - --- and Elections and Ex-Officio R"Wdor of C 4an Lgmam Lj,S1<tla ,E. _Va.il, LQm -- rayanas for said county,do hereby carttfy that the within in]trummnt of writing was rewired F . aPANTEE a NAFi[ANa AOJPE]v ]PACO RE]LRVEtl and ,BCWd+d In t)Qarof records Ass+.W-dine-1--1+: row No. . II Joseph & Linda Van Lom RECORDER'S U]t of said County _SI25 S CJ fan on Road ' ...... 25 - Witness my hand end tool affixed. .. I 72Portland Lir ___..._ ROGER 'sf+of�ssa. D+r.efa of ..._ ..s_ .. ._' Records ib eamesionr " NAME,Aar1R tlRC]], (+YY��'� I.MFII a,hen]+1L"..mod eft t !Nat slslan•AP.hall M ren,M Ph•bll•vMv odd D EXU 8125 S W _Canyon Road '78 386 , � Qortland, Or 9.7225 _ _......�. .. Aug C9 a 32 Ali 178 : NAME.ADOREet Z.R (.tARRANTY DEED(INDIVIDUAL) 78 38657 JmPVAPd L01! hereinafter called grantor,convey(s) to APJD LINDA E VAN LOh1 husband and wife _ sall that real property situated in the County of WSS 3 nQt6 State of Oregon,described as: zo: A tract of and situate in the Northeast 1 of Section 10, Township XM 2 south, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon described as follows: Beginning at a point on the North line of the Southeast quarter of the Northeast quarter of said section North 89034'10" West 990.18 feet, more or less, from the East line of said section and running thence South 0°51'50" West parallel with said East line of section 124.71 feet, more or less, to the North line of a 50.0 foot deeded roadway; thence South 68.30'East on said roadway Northerly line 106.95 feet, more or less, Co the i;3S,; 11Ire of that cract o: laird dt:scriued in Book 1092, Page 594, Deed Records of said county; thence North 0' 51'50" East on said West line 163.17 feet, more or less, to the North line of the Southeast quarter of the Northeast quarter of said section; thence North 89°34'10" West on said line 100.09 feet, more or less, to the point of beginning. and c enant(s) th t r ntor is the owner f the above descrihed property free of all encumbrances except 7 ��tose staated' on the PurCL ase Option agreement hereby acknowledged IN oy the grantee. and will warrant and deferid the same against all persons who may lawfully claim the same,except as shown above. The trc_and actual consideration for this transfer is$ 13,000.-00 Until further notice all tax statement should be sent to: 8125 S.W. Canyon Road, Portland, Oregon 97225 Dated this 'Zy day of Ai,bugt- 19 . THIS DEED IS BEING RECORDED TO RELEASE ' GRANTOR'S INTEREST IN PROPERTY DUE TO HIS PURCHASE OPTION AGiREM-LENT / Kenneth R. Bunn STATE OF OREGON,County of fn 7/J )ss, August 6L 19 78 personally appeared the above named Kenneth R. Bunn and acknowledged the foregoing instrument to be his voluntary act and deed. Before tee: Notary Publi for Oregon My commission expires: Thi'ajoliar amount should include cash plus all encumbrances existing against the property to which the property remain's subject or which the purchaser agrees to pay or assume. If consideration includes other property or value, add the following: "However, the actual consideration consists of or includes other property or value given or promised which is part of the/the whole consideration."(indicate which) _ a1Nrao �do10HIHS 7.M _ 1 WARRANTY DEED(INDIVIDUAL) 0 3 4 1 9 9 STATE OF OREGON Kenneth R. Bunn c, ss County of waahinpton / 13r r, cam, t I, ROW Tha,,,W, Director of Records TO t Z and Elac2iors and Ex-Officio Rewresee'of Corn Josep:t M. Van Lom veyanees for aid county,do hsr*W:cwtfv that ,Ci the within inatrunwrrt of wfittn, vne ncsirsd and recorded in book of Words - m C:=. _ No. After Recording Return to: fat of said county Joseph M. Van Lom t(,1a - vaitnsa my hind and aaaa affixed. 8125 SW Ra.Canyon — ROGER THOMSSEN, Matter of y p Rreorde & Etectiono `Portland, Or. 97225 "f c INDEXED '78865' ts�rw+y AUG Z9 8 32t!' t<- EXHIBIT "B" STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION May 1, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.N. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 9-79 Applicant: Mr. John.. Annand Owner: Same 14600 S.N. Pacific Highway Tigard, Oregon 97223 Application Date: March 22, 1979 Location: West of S.W. 103th Avenue (gash. Co. Tax Map 2S1 LOAD, Tax Lot 8800) Request: For a zone map amendment from City of Tigard R-7 "Single Family Re- sidential" to City of Tigard A-2 "Multifamily Residential" on a 1.04 k acre parcel. I. Findings of Fact: 1. The subject site is presently zoned R-7 (7,500 square foot lots) "Single Family Residential" and is designated "Cuban Medium Density Residential" (12 dwelling units per acre) on the NPO #6 Plan. 2. Applicable policies from the NPO #6 Plan are: "Density" - Policy 9 (Page 5) "Utilities, streets, etc." - Policy 10 (Page 5) "Water and Sewer facilities" - Policy 11 (Page 5) "Buffering, open space, etc." - Policy 15 (Page 6 & 7) ` 3. The applicant proposes to construct one four-plex apartment along the northern portion of the property and one three-plex apartment in the center and one four-plex apartment located at the southern portions of lot. �. 4. The surrounding uses are apartments to the north and east, a single family dwelling to the northwest, and a vacant parcel to the south. 5. Southwest 109th Avenue is designated as a local street requiring 50 e feet of right-of-way with a pavement width of 34 feet. The current right-of-way width is 50 feet. 6. Sanitary sewer service is available off of Canterbury Lane. 7e Water is available from 8 inch lines off of Southwest 109th Avenue and Canterbury Lane. 8. There is adequate public access off of Southwest 109th Avenue. ' F; t � tr EXH • _ Oc`ICATO VACATED 855/744 N �; " ". •..� 9911 ; '" .2 75.Q 99' S:i w d d1° i4' IT w 199 ` WEST 9fi0.22 ... .-.� _ -^.i .ar TRacr EAST ] rfA.NS r r r itt,C J ? I n t 3 5 IC r r �. l�Q Gs� by a - a TRACT "C" .,r .r ✓ �`� h\. ,q t . 25 f5££ MARGIN W L��1TJi 'yew — , !9341' z 4 BURY IL 59�40 MIN rw N 5.98, o 39 25 Q%3 38 s 1'n a .4202 :420 �'°' • r ® G+ 96G1 T .. 41.x; e~ 35 m 19 i 4000 � L 34 ^, 3900 rr 2 3fl ®: ES•�7 25':.22 ,.,T�� 33 Im" 3900 L 32 1 m t 3700 31 } O TRACT i 8801 3600 �m F•- 4 60 4, z "D" M _,�,? - a rr �n I3lo ' ^' 340033 3200 31001 0 28 27 2S ig � M 3410 331 10 3110 131 '•s 8?� (G5.! � DEO. DEED 559/477 511-9.25 313o a `,� TR-4S. V1 M U F ! (C.S. Nu. 12,250) j 85101 85x07G 77 zo 8400 - _ 330 930.7 8' Iq 82C0 m 1, � n �as9el�iG 74 � ! TRACT 73 560 22 p 661 sco V ' 72 ;� e r o a 7300 Ip�A j i � 71 t7SAO 78ro o Z 830 z as Y?� 0 7MO ( __ Iw 7Y1'y'+ STAFF REPORT AGENDA S.3 TIGARD PLANNING CWLNIISSION May 1, 1979 Page 2 9. The proposed site plan includes a road off of 109th Avenue across the northern portion of the lot to the western property line. II. Conclusionary Findings: 1. Southwest 109th Avenue is in substandard condition with no sidewalks 2. A need exists to zone parcels within the City Limits to comply with the Comprehensive Plan. 3. The road as shown on the site plan is not desirable due to its proximity to the exisiting residence to the west and the extreme grade in excess of 18%. Therefore, an alternative would be to locate the street to the south of the site to align with Murdock Place. III. Staff Recommendation: Staff recommends approval subject to the following conditions: 1. That half street improvements along the subject property fronting Southwest of 109th Avenue be made prior to issuance of building } permits. 2. That the developer submit construction and site drainage plans to be approved by the City Engineer and Building Departments with necessary bonds prior to issuance of building permits. 3. That the significant vegetation be perserved. 4. That the extension of (Murdock Place) be improved prior to issuance of building permits and that a street plug be placed at its western terminus 5. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes' are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances until after the changes have been approved. Any deviation from this condition will. result in the immediate posting of a stop work order on the project or any portion of the project. Reviewed by: Ian Selby I .� Reviewed by. drd Associate Planner P Director MIN UTE TIGA!ZD PLALN"dING CO24MISSION :gay 1, 1979 -7:30 P.M. i Page 3 approvals can be secured in advance of any investmen in street improvements. Commission \dcussion: Questions concerned a.ndard practice with respect { to bonds and the-entension of 109th_ In responding to these, Staff mentioned that a section of ldc,"th passes through territo under jurisdiction of the County, but that this is expe'�ted to come into the Citi in the foreseeable future. i J Smith moved for approval of Zone Changs ZC 10-79 based on Staff findings and recommendations. Ths motion was seconAed and passed unanimously. 5.3 ZC 9-79 (Jack Arriand) NPO #6 A request by Jack 'Annand f r a zone map amendment from City R-7 PD to City of Tigard A(2 "Multifamily Residential" on a 1.04 acre parcel, located at SW 109th Avenue (Wash. Co. Tax Map 2S1 LOAD, Tax Lot`a800) . f The Staff report was read by Haw rd. In the applicant's presentation Joe Van Lom detailed the history of lanr OmVrship in the area; and the intention for eventual extension of the road/across.the parcel as she:.-n. Iie acknowledged his participation in the property /as the owner of an option on part of it. He referred to the offer of Mr. Annand to 'gedicate a street to the City--an orfer which has not yet been accepted. \% Publictestimony was iven by Forrest`Hall, who reiterated his objections on the ground of inadequate streets in the 4rea. Selby then called attention to an old cemetery in the/r area. �• { Howard read the Staif recommendation. In rebuttal Mr. Van Lom reported on the est mated traffic to be generated by the two projects. Nie also pointed.out that moving the street as suggested by Staff would depriv'Thim access to his parcel, l�pcated at the north end of the site. r Commission disc ssion covered located of extensl9n of 109th and possibility for streets on the s ope to the west and south, and the location of the cemetary. Speaker inquired whe her it would be practical to have _e Staff and the appli- cant work out the e act location of the road. Howard s affirmed, with the applicant having th right to appeal back to the Commiss on. Wood commented on the approach the St ff could take on the location of the street across the proper- ty since, although t is or may be owned by two parties, at present it is legally . one parcel. Speaker moved a�roval of ZC 9-79 based on Staff report and Staff reco=ren- dations, with the amendment of Staff Recommendation 4 to the following: "That the Staff is directed to work with the applicant to find a mutually agreeable location for the road across the property to serve the area not yet developed-" The motion was seconded and carried, with one no vote. r Tigard Property 1 . This proposal is to change the existing R-7 zoning to A-2 Multi-family Residential Zone to bring this property into conformance with the Comprehensive Design Plan. 2 . The Comprehensive Design Plan designates this area as A-2. This request is in conformance with that plan . 3 . There is currently a need for additional housing within the community. PGE ' s current listing of vacancies in this area g shows the vacancy rate at 3.8%' which is well below the con- ! f sidered average for multi -unit housing . This figure includes r those units now under construction and those units already f rented but not occupied . The ' Thousand Friends of Oregon ' has released a study which shows that the significant additional housing needs of the county cannot be met utiliz- ing every piece of curreni.ly zoned developable land for that purpose. The public will benefit because this project will provide additional housing to fill the needs of the community. Those who wish an alternative to the larger project will be able to find housing on a smaller scale. 4. The cost of housing now allows $55,000. for an average home has put individual housing out of many peoples' reach, there- fore additional housing types are called upon to fill this need. The single-family home , once looked upon as the ideal , is no longer held in the same esteem as it once was . People are looking for alternatives to the requirements of home ownership. Those who are no longer willing or financially able to own their own home but who wish to remain in the area have an alternative to moving into the City. 5 . This location is ideal for housing of this type. The use has already been established in this area. This particular site has an extremely good view, very suitable for group use rather, than individual home ownership. Because of the nature of the area, single-family housing would be difficult to justify in the area . 6. Surrounding this site on all sides are multi -family units or property which is zoned under the Comprehensive Design Plan for multi -family use. The impact of an additional eleven units, having a total anticipated occupant load of 35,Will not significantly affect the housing balance of the area . This project will generate approximately six to nine school- age children and 88 vehicle trips per day. 7. This project, with it's eleven units, will of course not have a significant impact on any of the public services available to the area . Certainly the public and fire protection will not be hard pressed to add these units to the surveillance already in existance in the Canterbury area since these services are already available to the residents of the area. ;I