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Resolution No. 85-34 CITY OF TIGARD, OREGON RESOLUTION NO, 85 A FINAL ORDER IN THE MATTER OF THF APPISCATION FOR A ZONE CHANGE REQUESTED BY DARWISH IDRISS j FILE NO. ZC 2-85, UPHOLDING THE PLANNING COMMISSION'S DECISION AND DENYING THE APPLICANT'S APPEAL, ENTERING FINDINGS AND CONCLUSIONS. WHEREAS, the Tigard City Council heard the above application at it's Regular Meeting of May 6, 1985, Ryan O'Brien and hyo Idriss appeared on behalf of the property owner. No testimony was given by others in favor or opposed to the applicants. The Council finds the following Facts in this matter: 1. The applicant, Darwish and Mo Idriss, requested a change in zone designation on at 3.7 acre parcel from R-7 (Residential., 7 units/acre) to R-12 (Residential, 12 units/acre) for property located on the east side of Hall Blvd. , approximately 300 feet south of Ross Street (Wash. Co, Tax Map 2S1 12CB, Tax Lots 1100 and 1200). The information supporting this request is found in Planning File No. ZC 2-85. 2. The City staff recommended approval of the applica't'ion with conditions in a staff report presented to the Planning Commission on April 2, 1985. - 3. The Planning Commission conducted a hearing on the application on April 2, 1985 and voted 7-2 to deny the application. 4. The applicant, on April 15, 1985, appealed the matter, to the City Council in accordance with Chapter 18.32 of the Tigard Municipal Code. S. The City Council had before it the record of the April 2, 1985 proceedings at the Planning Commission. The Council conducted its public hearing on May 6, 1985. 6, The relevant approval criteria in this case are the Statewide Planning Goals 1, 2, and 10, and Tigard Comprehensive Plan policies 2.1.1, 7.1.2, 7.8,1, 8.1.3, 8.2.2, and Chapter 12, Locational Criteria. Based upon the record in this case, the Council makes the following Findings: 1. Statewide Planning Goal #1 is met because the City has adopted a Citizen's Involvement program includir-,g review of all development applications by the Neighborhood Planning Organization (NPO). In addition, all public notice requirements are met. 2. Statewide Planning Goal #2 is met because the City applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. Statewide Planning Goal #10 is satisfied because the proposal will provide for housing as contemplated by the City Comprehensive Plz-, RESOLUTION NO. 85- 3�1 Page 1 4. City of Tigard Comprehensive Plan Policy 2,1,1 is satisfied because the .r Neighborhood Planning Organization and surrounding property ownEE-s were given notice of the hearing and an opportunity to comment on the applicant's proposal. 5. City of Tigard Comprehensive Plan Policy 7.1.2 is satisfied because adequate service capacities are available in the immediate area. G. City of Tigard Comprehensive Plan Policy 7,8.1 is satisfied because the Tigard School District was informed of this proposal and no objections were raised. 7. City of Tigard Comprehensive Plan Policy 8.2.2 is satisfied because Tri-Met offers bus service to the area by Line #43. 8. The Locational Criteria in Chapter 12 of the Plan are partially satisfied for the following reasons: a. The property is within at "Developing Area" which is not committed to low density development. b. The parcel has direct access to Hall Blvd. C. Development limitations are not evident. Hail Blvd, does have adequate capacity to absorb additional traffic from the site. t d. Public transit is available. e. Convenience retail service is available at the Durham/Hall intersection and general commercial and business centers are 1.5 to 2 miles away. f. Public open space is available nearby at Cook Park, Durham Elementary School and Tigard High School. 9. The R-7 zoning designation on the Tigard Comprehensive Plan Zoning District Map, ;5-4opted in 1983, was placed on the property in an attempt to provide for a transition area between R-12 properties toward Durham Rd., and R 4.5 properties north toward Ross St. The property in question is located within approximately 204- acres of R-7 land. A change of only 3.7 acres of the R-7 area has not been justified. The Council adopts the following Conclusions of law: 1. Based upon Findings 1, 2, and 3 above, the Council has determined that the applicant's proposal meets the applicable Statewide Planning Goals. 2. Based upon Findings 8 and 9, the Council has determined that the zone change is inconsistent with the zoning pattern establis` ed by the City Council in 1983 for the area. t' t RESOLUTION N0. 85- __�4 Page 2 WN a NOW, THEREFORE, 8E IT RESOLVED by the Tigard City Council that: The Council therefore Orders that the above referenced request is DENIED. This resolution shall become effective upon its approval by the Council, and signing by the Mayor. PASSED: This 7hday of M',LA 1985. or= City of Tigard ATTEST: LAdputy City Recorder — City of Tigard (1371P) I� i- RESOLUTION NO. 85— Page 3