Ordinance No. 79-64 (
CITY OF TIGARD, OREGON
ORDINANCE NO. 79-64
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY LUMPKIN-O'NEEL PROPERTIES
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT
FOR A TRACT OF LAND AT 11340 SW 94TH AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1
35DB, TAX LOT 5501, 5502, 5503, 5505, 5506, 5507, 5508, FROM CITY OF TIGARD "R-7" TO
CITY OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", &
"C" r C Inn n m X rC 7
v GRANTING THE iiPP,,i�nTi�.�i R., FI.>IP,.:. AN EFFECTIVE DATr,
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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" 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 Coittmission on
June 19, 1979, and all interested persons were there and then afforded an op-
portunity 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 NPO X62 Plan.
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 N
Zoning Map of. 1970 to zone those lands described in the attached Exhibit "A" for
Single Family Residential (P,-5) use is hereby approved subject to the provisions of 4
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 "Art: Legal Description
Exhibit "B": - Scaft Report
Exhibit "C": - Site Plan
And further su-bject to the following condition: `
1. That the applicant dedicate five feet of right-of-way along S.W. North
Dakota with half street improvements to collector street standards prior
to final plat approval.
2. That the applicant develop half street improvements ,along SW 95th to local t
st ,',�t standards prior tr., final plat approval. f
3. That the applicant improve SW 94th from SW North Dakota south t4 the end of
his property to full local str.Ae4 stan&Ards and provide a legal cul-de-sac
on the end of such improvemeftt at the property liae., prior to final plat
approi•-1.
4. No changes will, be made to approved plans or specifications unless formal
a ORDINANCE NO. 79--64
AC 22-79
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.
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 ,snani_mils vote of all Council members present this
1.3 day of Auou5 t 1979, after being read
two times by number and title only.
Recorder-- ity of i rd
APPROVED: By the Mayor this _ 3 day of Au , 1979.
Mayor - City of Tigard
PAGE 2
ORDINANCE No. 79-rF
ZC 22-79
Attachment
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EXHIBIT "A"
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Thomas Terrace Lots 1, 2, 3, & 4 Block I
A tract of land in the Northwest quarter Southeast quarter Section 35,
Township I South, Range 1 West of the Willamette Meridian, in the County
of Washington and State of Oregon, described as follows:
Beginning at a point 25 feet South and 5 feet East of the Northwest corner of
Percy C. Thomas DLC point per deed book 151 Page 293, to the initial starting
point a 2" iron pipe set 6 below the surface of the ground. At that, said
initial point East 226.48' continue South 265.79' continue West 227.23' then
North 265.03° to the initial starting point.
Thomas Terrace Lots 1, 2, & Portion 3 Block 2
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A tract of lana in the Northwest quarter Southeast quarter Section 35 Township
I South; Range I West of the Willamette Meridian, in the County of Washington and
State of Oregon, described as follows:
Beginning at a point 25 feet south and 5 feet East of the Northwest corner of Percy
C. Thomas DLC point per deed Book 151, Page 293, to the initial starting point
a 2" iron pipe set 6" below the surface of the ground. At that, said initial point
East 276.48' to the point of beginning continue East 115' continue South 301.34'
continue West 115' then North 301.17' to the point of beginning.
„ORDINANCE No. 79—p
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STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COt%tMISSION
June 19, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
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Docket: Zone Change ZC 22-79 (Dale's Glen subdivision S 3-79)
Applicant: Lumpkin - O'Neel Properties Owner: Mr & Mrs Vickery
�• 10175 S.W. Barbur Blvd Suit 211-8 11340 S.W. 94th
97223
YOSti3iAd, Oregon97223nrc>acfn 97273 3
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Application Date: May 25, 1979
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Site Location: 11340 S.W. 9_th and S.W. North Dakota Street (Wash. Co.
Tax Map 1S1 35DB, Tax Lots 5503, 5502, 5501,5506,5507,
5508 and 5505)
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Request: For a zone map amendment from City of Tigard R-7 "Single Family
Residential" to R-5 "Single Family Residential" on a 4.25 acre parcel.
Previous Action: The applicant has a subdivision plat application. in the City
pending zone change approval. The plat will create 16(5,000
sq ft. lots. .
1. Findings of Fact:
1. The site is designated "Single Family Residential" permitting six dwell-
ing units per gross acre on the NFO #2 Plan as amended by the Tigard
City Council on May 21, 1979.
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2. Applicable policies from the NPO #2 Plan area: "Supplementary t.
PP �' facilities
and services" - Policies 2 and 3, page 13.
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3. The applicant proposes to construct 16 single family units having a
minimum of 5,000 sq. ft. on the subject site.
4. The site is vacant with a sloping elevation from the southwest to the
northeast at a 10% grade. The surrounding- land uses are single family
homes. €
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5. Traffic to and from the site will be served by S.W. 95th on the west,
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S.W. North. Dakota cn the north and S.W. 94th through the middle of the
site. S.W. 94th and S.W. North Dakota are city streets. S.W- 94th
has been dedicated through the site with 50 feet of right-of-way but
has no i,rprovements. S.W. North Dakota is classified as a collector
street. It presently has 16 feet of paving from the corner of S.W_ 95th,
250 east with curb and sidewalk on the north side. From this point it
becomes a narrow gravel road with only 50 feet of dedicated right-of-
way. S.W. 95th is a county road with 45 feet of right-of-way and 15
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STAFF REPORTF
AGENDA 5.3 It _
�= TIGARD PLA-4NING COMMISSION
June 19, 1979 - 7:30 P.M.
Page 2
ZC 22-79
feet of paving. It is designated as a local street in the NPO #2
plan. j.
6. Sewer connection is available on S.W. 94th which is at the south edge
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of the subject site. There is adequate capacity and grade gravity- to t
ut l;_ze the line. Water service is also available to the site.
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II, Conclusionary Findings:
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1. The zone change request is in keeping with the Housing Implementation
Plan adopted by the City Council which identified the subject site
as zoned for 5,000 square foot lots.
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2. Sewer and water are available to the site with ample capacity.
3. The development of this site will improve the street conditions of
S.W. North Dakota, 94th and 95th. Therefore, safe and efficient '
traffic flow will be provided. '
III, Staff Recommndations:
Staff recommends approval subject to tht- following conditions:
1. That the applicant dedicate five feet of right-of-way along _rte.
North Dakota with half street improvements to collector street r
standards prior to final, plat approval.
2. That theapplicant develop half street improvements along S.W, 95th
to local street standards prior to final plat approval.
�3. That the applicant improve S.W. 94th from S.W. north Dakota south to '
connect with the existing portion with full local street standardS
prior to final plat approval.
4. No changes will be made to approved plans'-or specifications umless
formal application is made to the appropriate department and changes
are approved by than department. Application for changes will. be
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made in writing and shall include applicable, drwaings, engineering
specifications and other details requested by the department. No F
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
Report prepared b Ken Sel Reviewed by: Al i .,oward
p P p y' Associat ty Planner P ing Director
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