Ordinance No. 79-74 s
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CITY OF TIGARD, OREGON
ORDINANCE NO. 79- J
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY TIBURON COMPANY
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE
DISTRICT FOR A TRACT OF LAND 11585 & 11595 S.W. GREENBURG ROAD AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 1S1 35DC TAX LOTS 2800 & 29009 FROM CITY OF TIGARD "R-7" TO CITY
OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A11, "B"', & 11C11 GRANTING
THE APPLICATION AND FIXING AN EFFECTIVE DATE. '
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Findings 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 hearings held by the Tigard Planning Commission
on July 17, 1979, and all interested persons were there and then afforded an oppor-
tunity 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 Low Density
Residential designation of NPO #2 Plan, and
B. That the proposed zoning is compatible with the surrounding neighborhood_ 6 '
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 (R-5) use is hereby approved subject to the pro-
visions 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:
1. That the applicant receive approval for the street width and cul-de-
sac length variance.
2. That sewer installation be provided to the site prior to issuance of
building permits.
3. That half-street improvements along SW Greenburg Road to collector street
standard be made, or a performance bond submitted in lieu thereof, with
a stop sign at the corner of the intersection to Greenburg Road, prior
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to recording of the final plat.
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f ZC 26--79
ORDINANCE No 79- 7AJ
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4. That construction and site drainage plans be approved by the Engineering
and Building Departments prior to issuance of permits.
5. No occupancy of any structure shall take place until after final
_ inspections have been made and Occupancy Permits have been issued by
the Building Official.
6. No changes * i17 be made to approved plans or sped_flcation-s
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.
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 b „�® � vote of all Council members present this '22
day of.� , 1979, after being read two times by
number and title only.
Recorder - City of and
APPROVED: By the Mayor thisqday of 1979.
ayor - City of Tigard
Page 2
ORDINANCE NO. 79-v,{
ZC 26-79 "°"�
"A"
SectL n
r� tract. of Land in the John Hickl in Donation t.,anlznrlaim,
ac 1 a .# .'l r>[ t#le >�. . SJ;tsh'tnc;t.c)n County , .
'! .It �n I rc�n pipe �n t:hc' �.'r`;t: Pince of that certain 20
f:r r#innin .`1 ti `;girl i r`rn
,1,•r i� 1. 1 .)t'1 t ��I IIU'I { `� �A.JtI�'�# 1,'�, 1{.'nt '� III'/1 (�. fI'1I I,• -rl#
rlir:t' -I1tY1'
r;l,,c,nt)uti y {to.ac# .It t ho i n t-o r':;c_c:t. i
UIl of Slrili' with the 'Ma�icif'I.tA
;wast tin+�; thence from _ai,l iron pile' and true point of. be��#in-
nind nctirth 8'3"47 ' 1:a.,
t )1#3 . tri tc: .t to alt iron pipc set at
crer;tc�r cif h..IlE-w�3y acro';s the Milt: i tti tr
�' act; thenct; north
�,Ol.Uft f 'et to an Trull pipe on t.hr_ ,;or.:thcrty line of Gt:ecnhlsrq
feet to a point on center
Roar]; thance conti.nuincl north 23. 8
.Line; thence on +::entor li.nc North 56'55 ' West 117 . 1 Feet to a
point; t--hence south 02128' :•.est '21.t3 Feet to an iron pipe on
t_}Zcx sollr_h��rLy line- iif the ro`a(1; thence colatir.l.l.inq south 02°28'
lice-;t 176 .4 feet to an iron pipc : tht�nc:e wast 87.'32 feet to
an iron pipt� on tho Maq i0k-.ti. w yt links and on the easterly
1.irl+-� of ,a subdivision shown or) pcci. 11. plat No. 113,
.anshiniltrin County
;u r.v..y ,:1 i.(# iron p i ht' be inq
south 24.2 feet from an iron pipe at the northeast corner of
i,ot 7 of r.amc'; thtrnc e from t.tu i rc)n pi Pe of this survey,
south 411. 313 feet to true praint of betli.nninq.
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STAFF REPORT
AGENDA 5.5a
TIGARD PLANNING COMMISSION
July 17, 1979 - 7:30 P.M. ,
Fowler Junior High - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
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DOCKET: Zone Change ZC 26-79 "Barbee Court" (Re: V 4-79, s 8-79 and MLP 16-79)
APPLICANT: The Tiburon Company OWNER: Sara Barntum & Joyce Beeman
267 A Avenue 11595 S.W. Greenburg Rd
Lake Oswego, Oregon 97034 Tigard, Oregon 97223 `
SITE LOCATION: 11585 and 11595 S.W. Greenburg Road (Wash. Co. Tax Map 1S1 35DC,
Tax Lots 2800 and 2900)
REQUESTS: For a zone map amendment from City of Tigard R-7 "Single Family
Residential" to City of Tigard R-5 on a 2.88 acre parcel.
PREVIOUS ACTION: On May 21, 1979, the City Council adopted the City of Tigard
Housing Implementation Plan. The Plan designated the subject
properties as R-5 "Single Fanli.ly Residential"'zone permitting
5,000 square foot lots.
1. FINDINGS OF FACT;
1. The subject sites are presently zoned R-7 and are designated R-5 "Single
Family Residential" (five thousand square foot lots) on the NPO #2 Plan.
2. The :applicants are requesting a zone change to R-5 in accordance with
Section 18.20.030 of the Tigard Municipal Code (see attached narrative)
3. Applicable policies of the NPO #2 Plan for residential development are
as follows:
"Public.Improvements" - Policies 2 and 3 (page 13)
"Single Family Character for the area" - Policy 6 (page 16)
4. The topography of the site slopes from north to south at an approximate
5% grade. There- are single family. units on lots 2800 and 2900 front-
ing S.W. Greenburg Road with vacant area to the south. The surround- t
i.ng I-and uses are single family units to. the North and Fast with $
apartments to the south. There is an existing salvage yard directly g
to the west of the subject site. The salvage yard tax, lots have been
designated by the.Housing Implementation Plan to be 5,000 square foot s
single family lots, ! .
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5. Sanitary sewer service is available off the existing line west from
S.W. 91st through an easement from tax lot 2400 to the site. (Clarifica•-
tion -- the easement -has been granted since the same applicant has
received approval'th rough lot 2400 of a minor land partition creating -
the easement on the lot (Re: MLP 16-79) Water service is available to
the site.
STAFF REPORT \ \
AGENDA 5.5a
TIGARD PLANNING COMMISSION
July 17, 1979
ZC 26-79
Page 2
6. Traffic circu�ation for the site will be. S.W. Greenburg Road front-
ing.on the north. In .the future an extension of a street created
by this subdivision will extend out to S.W. 95th through the salvage
yard. The intersection of the internal street to S,W. Greenburg
is at a 900 angle and aligns with S.W. 92nd creating a fouRoad
r~=way inter-
section. S.W.- Greenburg Road is designated a collector street. :.It
is in substandard condition having inadequate paving width with no
curbs on sidew*alks. The proposed internal streets have forty feet
Of right-of-way with 34 feet of paving and a cul-de-sac. The applicant
is requesting a variance for street width and a variance for cul-de-
sac length (see attached staff -report V 4-79) .
II. CONCLUSIONARY FINDINGS;
1. There exists a need to zone parcels that are within the city limits to
the City of Tigard Comprehensive Plan designation;
2- S.W. Greenburg Road needs improvements to collector street standard
with a stop sign at the intersection' of the internal street and Green-
burg Road.
3. .Sewer and seater service is available.
III. STAFF RECONDATIONS;
Staff recommends approval subject to the followti.ng conditions:
1. . That the applicant receive approval for the street width and cul-de-
sac length variance.
2. That sewer installation be
provided to the site prior to issuance o£ f.
building pez-mits.
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3. That half street improvements be made along S.W. Greenburg Road to
collector street standard with a stop sign at the corner of the inter
seF tion to Greenburg Road p for to recording of the final plates
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4. That construction .and site drainage plans be approved by the l;ngineer-
ing and- Building Departments prior to issuance of permits.
5. No occupancy of any structure shall take place until after final
inspections have been-made and Occupancy Permits have been issued
by the Building Official.
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STAFF REPORT
AGENDA 5.5a
TIGARD PLANNING COMMISSION
July 17, 1979
ZC 26-79
Page 3
ti No changes will be made to approved plans or speci€ications unless
formal application is made to the appropriate depart c..ent a-^-a changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, enc
rineering
specifications and other details requested by the department. No
construction shall take place in these instances Until after the
changes have'bee'
een 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 b Al Haar
Report prepared by; Ke Selby y
As iate City Planner P i g Director
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