VAR6-83 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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Colony Creek II,III,IV' V 6-83'
SW Hall/SW Fanno Creek 251 12BB 100 .
101',3400,3700 4300 See S11-83. &PD 2-83
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CITY OF TIGARD
Washington County, Oregon u
NOTICE OF FINAL DECISION - BY PLANNING COMMISSION
1. Concerning Case Number(s): ZC 2-84 PD 2-83 S 11-83 V 6-83 Colony Creek
2. Name of Owner: Titan Properties
^.' 3. Name of Applicant: TitanP_roperties
Address 2201 NE Cornell.Road City Hi1lsboro§tateOr' Zip 9712a
4. Location of Property:
Address East of SW Hall Blvd. & west of SWFanno Creek Drive.
Legal Description 2S1 12BB Tax Lots 100. 101 3400 3601 3700& 4300)
5, Nature of Application:For a zone change from R-12 to R-I2 PD for a 2.49 acre parcel,
(2S1 12BB 3700)° For conceptual deta led plan approval of a planned development for
all phases. Preliminary plat approval of 67 Lot subdylsion, � inle family detached.
units Phases lT & IIYf And: a variance to allow zero lot line in an R-12 zone. & reduce
6. Action: Approval as requested the front yard setback, from 20 to 18 f
XX Approval with conditions per staff report & i 7,anning Commission
Denial minutes.
7. Notice: Notice was published in the newspaper, posted at City Hall -`
and mailed to
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
8. Final Decision: ;~
THE DECISION SLALL BE FINAL ON March 12, 1984 UNLESS AN APPEAL IS FILED.
The. adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 12755 SW Ash,
P.O. Box 23397, Tigard, Oregon 97223, .
9. Apes l:
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.370 which provides that a written appeal
may be filed within 10 days after notice is given and sent.
The deadline for filing; of an appeal is March 12, 1984
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171, •
.2 (9.# et
Vee.-President, Tigard Planning Commission DATE APPRO ED
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5.3 ZONE CHANGE ZC 2-84, PLANNED DEVELOPMENT PD 2-83, SUBDIVISION S
11-83, VARIANCE V 6-83, Colony Creek Estates II, III, IV NPO # 5
A request ,for a zone change from R-12 to R-12 PD Planned Development
for a 2.49 acre parcel (2S1 12BB,; 3700). For conceptual and detailed
plan approval of a Planned Development for all phases. For
preliminary plat approval of a 67 lot subdivision, single family ."
detached units (Phase II & III) Also for a variance to allow zero
lot line construction in a R-12 zone (detached units) , and to reduce
the front yard setbacks, i.e. , distance between the property line and 1,
the front of the garage from 20 feet to 18 feet.
o Associate Planner Liden made staff's recommendation for denial of the
variance and approval of the Zone Change ZC 2-84, Planned Development
PD 2-83, and Subdivision S 11-83 with conditions.
o NPO/CCI COMMENTS - Debra Naubert, NPO # 5 Chairperson stated the
NPO had review this application carefully. They, opposed approval of
the variance for the reduction in front yard setbacks.- They had
concern for the structures. They felt the single oversize garages
would increase the problem of cars parking on the streets. They were
also concern with that the density might be to high for the area as Q
well as the cost of the homes may have a impact on the surrounding
neighbors.
o Dave Evans, Representing Titan Properties, stated they would accept
;�: denial of the variance. He was surprised the NPO was questioning the
density as the property is zoned for multi-family and they are
proposing high quality homes. He asked the Commission accept staff's
recommendation.
} 0 Debra Naubert added that NPO # 6 had also met with them and agreed
fl with their concerns.
PUBLIC TESTIMONY
o Jan Haskin, 14370 SW Hall questioned why a road was being, proposed o ; .
her parents property.
o David Evans stated that there would not be a thru street there unless 1
the property owner chose to to build one and that Frank Currie would
make that determination.
o Discussion followed regarding street patterns and access points.
o Commission Vanderwood questioned why they where allowing four plexes
to abut single family residences. Discussion followed.
PUBLIC HEARING CLOSED
PLANNING COMMISSION DISCUSSION AND ACTION
o Commissioner Vanderwood was concerned that policy 6.3.3 was being
violated. She was concerned with lots 11 thru 14 and 64 thru 67
Discussion followed regarding density transition.
PLANNING COMMISSION MINUTES February 21, 1984 Page 5
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o Discussion followed regarding the construction and safety aspect of
the cul-de-sac.
o Commissioner VanderwOod moved and Commissioner Fyre seconded to adopt
staff's finding and recommendation adding <he following conditions.
1. Developer will delete one of the lots between lots 11 thru 14
based on the finding that it violates policy 6.3.3.
2. Developer will delete one of the lots between lots 64 thru 67 if
staff determines that the abutting property is an established area.
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3. The Developer will construct a permanent turnaround at the south
end of Fanno Creek Drive.
4. Staff will clarify the multi-family areas to ensure compatibility
matrix is met.
Motion carried unanimously by Commissioners present, , •
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6. ()THEIR BUSINESS
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o Workshop was schedule for April 2nd, 1984, 7:00 to 11:00 P.M.
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S. v..eLing, Adjourned 12:00 midnight fjr
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Diane M. Jelderks, Secretary
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ATTEST:
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Vice--President Donald Moen
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(0327P)
PLANNING COMMISSION MINUTES February 21, 1984 Page 6
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•. STAFF REPORT
AGENDA ITEM 5.
FEBRUARY 21, 1984 - 7:30 P.M.
TIGARD PLANNING'COMMISSION'
FOWLER JUNIOR HIGH SCHOOL - LECTURE ROOM
10865 SW WALNUT STREET
TIGARD, OREGON 97223
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A. FINDING OF FACT
1. General Information
CASE: Zone Change ZC 2-84, Planned Development PD 2-83,
Subdivision S 11-83, Variance V 6-83 Colony Creek Estate
II, .III, IV NPO #5
REQUEST: For a zone change from R-12. to R-12 Planned Development for
a 2.49 acre parcel (281 12BB, 3700). For conceptual and ' :
detailed plan approval of a Planned Development for all
phases). For preliminary plat approval of a 67 lot
subdivision, s'ngle family detached units (Phases II
III). Also for a variance to allow zero lot line
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construction in an 'R-12zone (detached units), and to reduce
the front yard setback, i.e. , distance between the property
1 line and the front of the garage from 20 feet to 18 feet.
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
'; ZONING DESIGNATION: R-7 PD (12.78 acres)
R-1..2_ (2.49 acres)
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RECOMMENDATION: Based on information submitted by the applicant,
staff's analysis of applicable Comprehensive Plan
Policies, Community Development Code provisions and •
the field investigation, staff recommends approval of
ZC 2-84, PD 2.83 and S 1i-83, and the request for
zero lot line construction in the R-l2' zone subject to
conditions listed in this, staff report. Staff
recommends denial of the variance for reduction of the
front yard setbacks between the property line and the
.: front of the garage from 20 feet to 18 feet.
IAPPLICANT: Titan Properties OWNER: Same •
2201 NE Cornell Road
Hillsboro, Or 97123
LOCATION: East of SW Hall Blvd. & west of SW Fanno Creek Drive (Wash.
Co. Tax Map 2S1 12BB, Tax Lots 100, 101, 3400p 3601, 3700
and 4300)
LOT AREA: 15.27 acres
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NPO COMMENT: NPO #5 reviewed the applicant's request at their
regular meeting on January 18, 1984 and discussed
several concerns with the applicant.
• PUBLIC NOTICES MAILED: 84 notices were mailed.
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2. Back round
- On march 21, 1978, the Planning Commission approved a preliminary plan
- and program for the Colony Creek Estate Phase I.
On June 26, 1978, the City Council approved a general plan for Phase I.
(Ordinance No. 78-40)
On June 20, 1978, the Planning Commission approved a preliminary plan
for Colony Creek Estate Phase II and III.
On January 8, 1979, the City Council approved a zone change request from
R-7 to R-7PD and approved a general plan for Phase II and III for an 81
unit residential planned development. Also, the Council approved a zone
change request from R-7 to R-7PD for the subject property (2S1 12BB,
Lots 100, 101, 3400, 3601, 4300). (Ordinance No. 78-83).
CA March 3, 1981, the Planning Commission granted a one (1) year
extension for development of Colony Creek Estates Phase II & III.
k; In March, 1981, property changed hands and a new application for R-7PD
general plan review was made for presentation to the Planning Commission. r.
On May 5, 1981, the Planning Commission approved the preliminary plat
for Phase II & III with several conditions.
t On May 9, 1983, the City Council adopted the Comprehensive Plan Map
designating the property medium density and the Interim Zoning Map
.; designating the property R.-7 (Lots 3400, 4300, and most of lot 101), R-7
f PD (Lot 100 and some of lot 101), and R-12 (lot 3700).
3. Vicinity Information
The site is located east of SW Hall Blvd. , north of SW Bonita Road, and
west of SW Fanno Creek Drive'
The surrounding land uses are as follows: i '
To the north is phase I of Colony Creek Estates, developed as
single-family detached and attached housing units. To the northeast is 1'
designated light industrial, and it is vacant. To the south is i
designated medium density residential, zoned R-12, and is developed as a t-
combination of single and multi-family residential. To the east is an
• existing residential development known as Waverly Meadows, developed as z
- single family detached and attached housing units. Duplexes directly �,"
abut the proposed townhouse units (Phase IV). To the west is designated I ;
- low and medium density residential; zoned R-4.5 and R-7, and is
developed as single family residential, however, the land zoned R-12 is
vacant. R,
4. Site Information l
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The subject property is a 15.27 acre vacant parcel and it consists of
six tax lots. Slopes on the site are generally oriented toward east
away from SW Hall Blvd. at a grade of approximately two to five t'
STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 - PAGE 2
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percent. The elevation at the southwest corner along Hall Blvd. is
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approximately 180 feet sloping to 150 feet near where proposed SW Fanno ,; '
Creek Drive, meets the property boundary on the east. The elevation is
. approximately 162 feet at the northeastern corner.
The major physical characteristic of the site is Fanno Creek which runs
through the northwest corner of the site. In that area, the portion of
the site below 140 feet elevation is in the Fanno Creek floodplain (1 4
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acres). Fanno Creek serves as the collector of storm drainage from this
area. An additional drainageway traverses through the southeastern s
corner of the property. Some areas in both the northeast and southeast
portions of the site contain slopes over 25%. No development is
proposed for these areas. Both these areas are to be dedicated to the
City as open space.
Soil types on the site appear to be silty clay loam and quatama loam of it
poor drainage. Flooding is frequent in the northeast corner along Fanno
Creek. This area is to be retained in natural form and dedicated to the
City as open space. There is little erosion hazard on the site with the
exception of the southeastern corner where the erosion hazard is severe
due to excessive slope (over 25%). This area is also to be retained in
natural form and dedicated to the City as open space.
is Vegetation growth on the site varies considerably. The central
portion
of the site is primarily a meadow with scattered coniferous trees with
y an average size of 18" in diameter. These trees stretch from north to
southeast corner of site, and they divide the site visually in half. n
The applicant is proposing removal of about 29 trees for efficient lot
configuration purposes. To the northeast is a dense woodland along the •.
Fanno Creek which would be retained as open space.
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The development has been designed to compliment existing adjacent land
uses and physical conditions. Single-family, detached dwellings are
planned for the southern and western portions of the site, Townhouse
° units are proposed for the northeast corner of the site adjacent to the
proposed Fanno Creek open space area. The units will be surrounded by
open space on the north and west and. Fanno Creek Drive on the south. On
the east, the townhouse units will abut an open space tract in Waverly •
Meadows which will separate the proposed townhouse units from the
existing multi-family attached units in Waverly Meadows
Several tracts are proposed in the development plan: most of which are
reserved for access or open space. Tract "A" and Tract "C" are proposed
5 foot dedications to increase the right-of-way width of SW Hall Blvd.
Tract "B" is proposed as a 30 foot wide private drive to provide access
to adjacent proposed dwelling units. Tract "D" is proposed to be traded
for temporary access to Phase II of the development. By agreement with
the owners of TL 102, the applicant would build a temporary 26 foot wide
paved roadway, as shown on the Conceptual Development Plan. Tract "lD"
would be traded to the owner of TL 102. The portion of the roadway
through Lot 58 would be removed upon completion of Phase II and III.
Tract "E" is proposed to provide access to "Mr. Cash's lot", TL 400,
2S1, Section 12. Tract "F" is proposed as a large open space area with
access from Fanno Creek Drive. Tract "G" and "H" are proposed private
drives to serve the adjacent proposed townhouse units. Traci 0I" i:s
proposed as a large open space tract with access from Fanno Creek Drive
and Tract "C".
STAFF REPORT - ZC 2-84/PD 2•-83/S 11-83/V 6°83 PAGE 3
Tracts "A", "C",R "F", and "I" are proposed to be dedicated to the City
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of Tigard. Tracts "B", "G" and "H" will be maintained by the
homeowners' association. Tract "E't is proposed to be sold to Mr. Cash.
B. APPLICABLE PLANNING POLICIES
1. 'Comprehensive Plan Policies
2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT
PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN
OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING .
PROCESS.
Notices were sent to all property owners within 250 feet of this ?-.
application._ A notice was published in the Tigard Times on
February 9, 1984. In addition, NPO #5 has been notified of this
application. r.
2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING
ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL
INTERESTED CITIZENS.
All interested parties are given, at a minimum, 10 days to respond
in writing to the application and request under consideration and
are encouraged to do so. The -planning staff is available to
address any specific questions concerning the application or the
application process. :..
3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING
DEVELOPMENT LIMITATIONS EXCEP1 WHERE IT CAN BE SHOWN THAT t
ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A � ..
SPECIFIC` SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED
DEVELOPMENT:
a. AREAS HAVING A HIGH SEASONAL WATER TABLE WITHIN 0-24 INCHES
OF THE SURFACE FOR THREE OR MORE WEEKS OF THE YEAR; g `
b. AREAS HAVING A SEVERE SOIL EROSION. POTENTIAL;
•`: c. AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT;
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d. AREAS HAVING ELOPES IN EXCESS OF 25% OR.
e. AREAS RAVING SEVERE WEAK FOUNDATION SOILS. •
The subject property contains 6:wo areas with development .:
limitations. One is the northeastern corner of the site where. the
Fanno Creek runs through, and the other area is the southeast -..
corner with slope in (excess of 25%. Both of these areas are to be ;.
dedicated to the City. and retained as open space.
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6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR DIVERSITY OF
HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND
RENT LEVELS.
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The planned development and subdivision of this property will
provide varied housing types, i. e. , 67 detached single family ;,:
homes (majority with zero lot line construction on lots that range
from 3,800 to 7,000 square 'feet) and 34 townhouses. `':
STAFF REPORT - ZC 2-84/PD 2-83/S 11-/'83/V 6-83 - PAGE 4
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The net density in R-7 and R-12 zoning districts is about 8.7
units and 12 units per acre respectively (this includes density
transfer from the unbuildable land in floodplain and land with
slope,in excess of 25%).
6.3.2 IN THE TIGARD COMMUNITY DEVELOPMENT CODE THE CITY SHALL
REQUIRE A DENSITY TRANSITION WHEREBY INCREASED RESIDENTIAL
DENSITIES ARE ADJACENT TO ESTABLISHED AREAS IN THE FOLLOWING
MANNER: k %
a. THE DENSITY WITHIN 100 FEET OF EACH PROPERTY LINE
SHALL NOT EXCEED 25% OVER THE DENSITY SHOWN ON THE
COMPREHENSIVE PLAN FOR THE ADJACENT LAND UNLESS THERE
IS AN INTERVENING ROAD (MAJOR COLLECTOR OR ARTERIAL)
IN WHICH CASE THIS PROVISION SHALL NOT APPLY.
b. WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING
HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE
COMPATIBLE. FOR EXAMPLE:
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TWO HOUSING UNITS WHICH ARE ATTACHED ARE r
CONSIDERED COMPATIBLE WITH A DETACHED SINGLE
FAMILY UNIT; BUT 4 �,
2. MORE THAN TWO HOUSING UNITS WHICH ARE ATTACHED
ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE
FAMILY DETACHED UNIT.
The subject property is adjacent to established areas to the north
and east. The proposed density is similar to the existing
residential development to the north and east, i.e. , seven (7) t
units per acre. Proposed housing types are also compatible with
the existing residential developments, i.e. , detached single H
family homes Phase II to the north abutting Colony Creek Estate I, ,
and townhouse° Phase IV abutting duplex residences at Waverly ,: _
Meadows to the east.
6.3.3 IN ALL PHASES OF THE DEVELOPMENT APPROVAL PROCESS IN A -
RESIDENTIAL "ESTABLISHED AREA", A PRIMARY CONSIDERATION OF
ra THE CITY SHALL BE TO PRESERVE AND ENHANCE THE CHARACTER OF
THE ADJACENT ESTABLISHED AREAS ;
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The purposed development will preserve the character of the
`: established areas by developing compatible housing type to the #'
• north and east.
6.4.1 THE CITY SHALL DESIGNATE RESIDENTIAL "DEVELOPING AREAS," (WHICH _.
ARE NOT DESIGNATED AS "ESTABLISHED AREAS") ON THE COMPREHENSIVE
PLAN MAP, AND ENCOURAGE FLEXIBLE AND EFFICIENT DEVELOPMENT WITHIN
THESE AREAS
The applicant is proposing to develop the subdivision as a Planned
Development to allow more efficient use of land and more flexible
development standard. Specifically, the applicant is requesting
zero
lot line construction and ' a reduction in the front, yard ;.
setback, i.e. , the distance between the property line and the
front of the garage.
STAFF REPORT LC 2-84/PD 2-83/S 11-83/V 6-83 - PAGE 5
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7.1,2 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT
APPROVAL THAT:
a. DEVELOPMENT COINCIDE WITH THE AVAILABILITY OF ADEQUATE
SERVICE CAPACITY INCLUDING:,
1. PUBLIC WATER;
2. PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC TANKS •
SHALL NOT BE ALLOWED WITHIN THE CITY) ; AND •
3. STORM DRAINAGE. •
b. THE FACILITIES ARE:
1. CAPABLE OF ADEQUATELY SERVING ALL INTERVENING
PROPERTIES AND THE. PROPOSED DEVELOPMENT; AND
2. DESIGNED TO CITY STANDARDS.
c. ALL NEW DEVELOPMENT UTILITIES TO BE PLACED UNDERGROUND.
The applicant is proposing - to install public facilities in.
accordance with planning policies and requirements set forth in
the Community Development Code.
The territory is within the Tigard School District 23J. The
following information was provided by the applicant.
The three schools that serve this areas, their existing enrollment
and capacity are shown below:
Type School Name Capacity Existing Enrollment
Elementary Phil Lewis 441 __._ 446 -.
Intermediate Twality Jr. High 950 822
High Tigard Senior High 1,450 1,371
The school district indicates that there is a potential for a
space crunch at Phil Lewis and/or Durham elementary schools
(depending on how many children will come from this development).
Some boundary changes (in elementary school attendance) or
relocation of some kindergarten students who would normally attend
Phil Lewis may be necessary to accommodate anticipated students
from the subject property-
7-4.4 THE CITY SHALL REQUIRE THAT ALL NEW DEVELOPMENT BE CONNECTED •
TO A SANITARY SEWER SERVICE. .
• The applicant is proposing to connect to the Fanno Creek
interceptor sewer line via 8" sewer mains located adjacent to the
site at Colony Creek Estate I. Storm drainage also will outlet
into Fanno Creek through a formal storm drainage system built to •
City standards.
7.6.1. THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT THAT: `
a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING'
ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES; ':
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STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 PAGE 6
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•''. b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN
THE AREAS BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION
PURPOSES; AND
THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLICATIONS.
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A 6" water line will provide water services to the subject site.'
4 The Tualatin Rural Fire Protection District has reviewed. the
project and approved it as acceptable for fire protection and
*.. access purposes. ,1:
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8.1.3. THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT
APPROVAL THAT
a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE;
ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL
AUTHORITY;
b. STREET RIGHT-OF-WAY BE DEDICATED WHERE THE STREET IS
SUBSTANDARD IN WIDTH;
c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE
STREETS, CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN
. THE DEVELOPMENT;
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d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT
,:! OF EXISTING STREETS, CURBS AND SIDEWALKS TO THE EXTENT
OF THE DEVELOPMENT'S IMPACTS.
Access is gained off SW Hall Blvd. via Colony Creek Court and SW
Fanno Creek Drive from the northwest and off SW Bonita Road via SW
. ' Fanno Creek Drive from the southeast. (The applicant is proposing
to extend SW Fanno Creek Drive to the west and connect it to SW
Colony Creek Court. ) The interior circulation is to be achieved
t via public streets with right-of-way widths of 50 feet. Also,
there would be a 26 foot paved temporary acce:.s onto SW Hall Blvd.
wx which would be closed physically within two years from the date of
approval (the access would be closed by the construction of a
`..r house on lot 58 through which it runs).
There are two alternatives for alignment of SW Fanno Creek Drive
to the south, both of which are acceptable to the City. The
adjoining property to the south may be served by either' `"
alternative and both will remain available (please see the
attached plans, sheet 3) .
12.1.1 THE CITY SHALL PROVIDE Foil HOUSING DENSITIES IN ACCORDANCE
...: WITH:
'.., a. THE APPLICABLE PLAN POLICIES. .`
b: THE APPLICABLE LOCATIONAL CRITERIA.
c. THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS.
STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 PAGE 7
The density proposed in the development conforms to those
established in the Comprehensive Plan policies', Plan Map and
Interim Zoning Map.
2.
'Tigard Commun Development Code
; The applicant is requesting for a concurrent Conceptual and
Detailed Plan approval of a Planned Development,
18.80.010 Purpose
A. The purposes of the Planned Development overlay zone are:
1. To provide a means for creating planned environments through
the application of flexible standards which allow for the
application of new techniques and of new technology in
community development which will result in a superior living
arrangement;
2. To facilitate the efficient use of land;
3e To promote an economic arrangement of land uses, buildings,
circulation systems, open space and utilities;
4. To preserve to the greatest extent possible the existing
y. landscape features and amen.izies through the use of a
planning procedure that can relate the type and design of a
development to a particular site; and
5. To encourage development that recognizes the relationship
rt between buildings, their use, open space and accessways and
thereby maximizes the opportunities for innovative and
diversified living environments.
The proposed planned development (on lands, designated as
"Developing Areas") utilizes the flexibility of the PD zone to
provide a superior living environment by concentrating development
on the most gentle terrain of the site. The single-family units
are planned for the more flat areas of. the site while the
multi-family units (townhouses) are planned to be located near the
Fanno Creek and proposed open space.
18.80.100 Phased Development
A. The Commission shall approve a time schedule for developing
a site in phases, but in no case shall the total time period
for all phases be greater than seven (7) years without
reapplying for Conceptual Development Plan review.
B. The criteria for approving a phased Detail Development Plan
proposal are that:
1. The public facilities shall be constructed in conjunction
with or prior to each phase; and
STAFF REPORT - ZC 2-84/PD 2-83/S 11--83/V 6-83 PACE 8
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2. The development and occupancy of any phase shall not be
dependent on the use or temporary public facilities. A
temporary public facility is any facility not constructed to
the applicable City or district standard.
The applicant is proposing to complete the Planned Development in
three phases, with Phase II and III as detached single-family
units, and Phase IV as multi-family townhouse units.
18.160.060 Approval Standards - Preliminary Plat
A. The Commission may approve, approve with conditions or deny
a preliminary plat based on the following approval criteria
1. The proposed preliminary plat complies with the City's
Comprehensive Plan, the applicable zone ordinance and other
applicable ordinances and regulations;
2. The proposed plat name is not duplicative or otherwise
satisfies the provisions of ORS 92.090 (1);
3. The streets and roads are laid out so as to conform to the
plats of subdivisions and maps of major partitions already
approved by adjoining property as to width, general
direction and in all other respects unless the City
determines it is in the public interest to modify the street
or road pattern;
4. An explanation has been provided for all common improvements.
B. The Commission may attach such conditions as are necessary
to carry out the comprehensive plan and other applicable
ordinances and regulations and may require:
1. Reserve strips be granted to the City for the purpose of
controlling access to adjoining undeveloped properties.
The proposed preliminary plat complies with the Comprehensive
Plan. The street system designed for the proposal conforms to the
street patterns of adjoining subdivisions, i.e. , Colony Creek.
': Estate I to the northwest, and Waverly Meadows to the east.
18.160.050 Phased Develo�mnt
A. The Commission may approve a time schedule for developing a
subdivision in phases, but in no case shall the actual
construction time period for any phase be greater than 2
years without reapplying for a preliminary plat.
B. The criteria for approving a phased site development review
proposal are:
1. The public facilities shall be scheduled to be constructed I.
in conjunction with or prior to each phase to assure
provision of public facilities prior to building occupancy;
STAFF REPORT - ZC 2-84/P,D 2-83/S 11-83/v 6-83 PAGE 9
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2. The development and occupancy of any phase shall not be
dependent on the use of temporary public facilities.
a. For purposes of this Section, a temporary public`
facility is an interim facility not constructed to the
applicable City or district standard.
3. The phased development shall not result in requiring the
.`_ City or other property owners to construct public facilities `
that were required as a part of the approval of the
preliminary plat.
C. The application for phased development approval shall, be
heard concurrently with the preliminary plat application and.
the decision may be appealed in the same manner as the
preliminary plat.
The applicant is requesting preliminary plat approval for Phase II
and III at this time. Phase IV consists of the proposed
townhouses and requires a Site Design Review approval.
18.52.050 Dimensional Requirements. The minimum setback
requirements for uses in the R-7 zone shall be
1. The front yard setback shall be a minimum of 15 feet.
2. On corner and through lots, the minimum setback for each
. side facing a street shall be 10 feet, however, the
provisions of Chapter 18.102 (VISUAL CLEARANCE) must be
satisfied.
3. The side yard setback shall be a minimum of 5 feet except
this provision shall not apply to attached units on the lot ;.
line on which the units are a ttached
,. 4. The rear yard setback shall be a minimum of 15 feet.
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5. Where the side yard or rear yard of single family attached
residential dwellings abut a more restrictive zoning
district, such setbacks shall not be less than 30 feet.
6. The distance between the property line and the front of the
garage shall be a minimum of 20 feet.
18.54.050 Dimensional Re uq irements. The minimum setback
requirements for uses in the R-l2 zone shall be ,
1. The front yard setback shall be a minimum of 20 feet. •
2. On corner and through lots, the minimum setback for each
side facing a street shall be 20 feet, however, the,
provisions of Chapter 18.102 (VISCUAL ..••,EARANCE) must be
satisfied ,
3. The side yard setback shall be a minimum of 10 feet.
STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 - PAGE 10•
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4. The rear yard setback shall be a minimum of 20 feet.
5 Where the side yard or rear yard of attached or multiple
family dwellings abut a more restrictive zoning district,
such setbacks shall not be less than 30 feet.
6. The distance between the property line and the front of the
r- garage "shall be a minimum of 20 feet.
The applicant is requesting a variance approval for front yard
setback, i.e. , to reduce the distance between the property line
and the front of the garage from 20 feet to 18 feet. 1 .
Also, the applicant is requesting a variance approval to allow
zero lot line single family, detached dwelling units with zero and
10 feet sideyard setbacks in R-12 zoning district (southern "
portion of Phase III). Zero lot line construction in R-7 zoning
district does not require variance approval.
18.160.120 Criteria for Grantin• a Variance
I/
A. The Planning Commission shall consider the application for
f! an Variance at the same meeting at which it considers the
preliminary plat.
P. A variance may be approved, approved with conditions or
•...iii, provided the Planning Commission finds: Y,
1. There are special circumstances or conditions affecting the
property which are unusual and peculiar to the land as
compared to other lands similarly situated;
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2. The variance is necessary for the proper design or function
, ii, of the subdivision;
3. The granting of the variance will not be detrimental to the •
public health, safety and welfare or injurious to the rights
of other owners of property; and r .
4. The variance is necessary for the preservation and enjoyment
of a substantial property right because of an extraordinary
hardship which would result from strict compliance with the
regulations of this ordinance.
The lots in, the development typically range from 95 to 110 feet in
depth. There appears to be adequate space to meet both the
20-foot front yard and 20-foot garage setback without a reduction
in the standards. If the R-7 PD zoning approved by the Planning 1 ..
Commission in 1981 was still in effect, zero lot line construction
would be permitted The City rezoned a portion of the property to i
R-12 in 1983. Although a more appropriate procedure to allow for
the zero lot line construction would have been to change the !
zoning on the R-12 portion to R-1, staff can support the intent of }':
the variance request. The R-7 zoning does allow for zero lot line '
construction and the applicants intent is for uniformity •
throughout the project: 1 :
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STAFF REPORT - ZC 2-84/PD 2-83/8 11-83/V 6-83 - PAGE 11
Also the variance approval to allow zero lot line construction in
R-12 is justified on the ground that this portion of the site
(2.49 acres) is very similar in character and topography to the
remainder of the site. It is a portion of the site that 'taould
only g portions zoned R-APP. Zero
..• have access onl through ortzons of the site
lot line dwelling, units are allowed in R-7PD zones.:
The area of the site zoned R-12 is comparatively small. The
proposal allows best design and marketability for the
development. Strict compliance with the regulations disallowing
zero lot line units on the R-12 portion of the site would cause
extraordinary hardship to the applicant by limiting design
compatibility, efficient use of the land, and anticipated market
demand. Based upon these circumstances, the applicant is
requesting a variance to allow practical and complimentary
development of the entire site.
18.148.030 A. royal Criteria and Conditions '
A The Planning Commission shall approve, approve with
conditions or deny an application for a zero lot line
development based on findings that
1. There shall be a 10 feet separation between each residential
dwelling structure or garage;
t•. 2. No residential dwelling shall be placed on a lot line which
is common to a lot line which is not a part of the overall
development;
3. No structure shall be placed on a lot line which is common
to a public or 'private road right-of-way or easement line;
= 4. A five foot non-e xclusive maintenance easement shall be
delineated on the plan for each lot having a zero setback
area.
a. This easement shall be on the adjacent lot and shall
describe the maintenance requirements for the zero lot line
wall or deed restrictions must be submitted with the
preliminary plat which address the maintenance requirements
for the zero setback wall of the detached dwellings.
b. The easement shall he recorded with Washington County and
submitted to the City with the recorded final plat prior to
the issuance of any building permits within the development.
{ All lots in Phase II and III are to be zero lot line. The
applicant has shown a minimum of 10 feet separation between each
residential dwelling " structure, and he has delineated five feet
non-exclusive maintenance easements on the Detailed Plan for lots
with zero setback area.
STAFF' REPORT - ZC 2-84/PD 2-83/S 1 1-83/V 6-83 PAGE 12
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C. CONCLUSIONS
After reviewing the proposed Conceptual and Detailed Plans, the
preliminary plat and a field investigation, staff finds that the
proposed development conforms to all applicable Comprehensive Plan
policies, Community Development Code provisions, and it is compatible '-
with the surrounding land uses.
D. RECOMMENDATIONS
is
Staff recommends denial of thr request for reduction in the front yard ,
setbacks between the property and the front of the garage from 20 feet 1
to 18 feet. P,
Staff recommends approval of the ZC 2-84, PD 2-83, S 11-83, and the
request for zero lot line construction in an R-12 zone as proposed by 1
the applicant with the following conditions: i ;_.
I. The applicant shall apply for a Site Design Review process before
any development can occur in Phase IV (townhouses). 1`
2. The storm drainage plan shall conform with the City's Master
Drainage Plan, and be reviewed and approved by the City's i
Engineering Division.
I .
' - 3. Temporary access onto SW Hall Blvd. (west of the property) shall I
be removed within two years from the date of approval.
4. The applicant shall adhere to conditions that will be required by
:= the State Highway Division regarding improvements to frontage and I "
access onto Hall Blvd. 3.'.
S. A non-remonstrance agreement for the future improvement on SW Hall
Blvd shall be made a part of the final plat and become a part of
each deed. 'l
6. Seven (7) sets of p lan-p rofile public improvement construction 1
plans and one (1) itemized construction cost estimate, stamped by '
a registered civil engineer, detailing all proposed public
improvements shall be submitted to the City's Engineering Division
for review.
7. Construction of proposed public improvements shall not commence
until after the Engineering Division has issued approved public €
improvement plans. The Engineering Division will require postin g
,
of a 100% performance :bond, the payment of a permit fee, and the `
execution of a street opening permit` or construction compliance 1
agreement just prior to, or at the time of, its issuance of
approved public improvement plans. . 1
8. That street plugs be installed where necessary to the approval of
the City's Eng�;neering Division prior to issuance of permits.
9. That sidewalks be located adjacent to the curb
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• STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 - PAGE 13
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10. That no parking signs be installed on the west and south side of -'
SW Fanno Creek Drive.
11. That centerline shall be marked on SW Fanno Creek Drive, 13 feet
off of north and east curbs.
12. A bus shelter shall be provided on SW Hall Blvd. with a bus
turnout. A paved walkway shall be provided east to SW Fanno Creek
Drive. Plans to be submitted to Oregon Department of
Transportation and Public Works Department for approval.
13. Provide a fire hydrant located within 400. feet from all portions
of the building. The hydrant shall be connected to an approved
water supply and shall meet the minimum fire flow requirements.
(uF0 10.301c)
14. Tracts "F" and "I" shall be dedicated to the City prior to the
recording of the final plat with Washington County.
15. That trails in Tracts "F" and "I" shall be built by the
developers, and the cost shall be bonded with the public:
improvements.
16. That a covenant creating the Homeowner's Association be provided
for the maintenance of` the play structure on the north side of SW
Fanno Creek Drive. The open space and, play, structure shall appear
on the final plat.
17. A Homeowner's Agreement shall be filed with the City guaranteeing
perpetual maintenance of all private roads including Tracts "A",'
"G", and "H" and the 40 foot private road serving the townhouses
in Phase IV.
18. 18.148.030 Approval Conditions For Zero Lot Line
B. The Planning Commission shall require the following
conditions to be satisfied:
1. Deed restriction shall be recorded with Washington County
which assure that;
f;' a. The 10 feet separation between the residential
structures shall remain in perpetuity;
;f'' b. The 10 feet separation between the residential
structures shall be maintained free from any
obstructions other than;
(1) The eaves of the structure;
(2) A chimney which may encroach into the setback area by
not more than 2 feet;
STAFF REPORT °- ZC 2-84/PD 2-83/S 11-83/V 6-83 - PACE ,14 "\,
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(3) A swimming pool;
(4) Normal landscaping; or
(5) A garden wall or fence equipped with a gate for
emergency access and maintenance purposes; and
• 2. Easements shall be granted where any portion of the
structure or architectural feature projects over a property -
-., line.
3. The maximum lot coverage for zero lot line shall not exceed
the maximum lot coverage for the base zone.
19. Survey Conditions:
'...' a. Sheet 2
t1Vertica Datum°° shall be City of Tigard datum (N.G.S. 1929)
City bench marks are available along Hall Blvd., Bonita Road
and McDonald Street.
b. Sheet 5: r
All storm lines shall be placed in positions that do not
interfe:e with centerline monumentation.
c. Sheet 7: •
1. Compliance of 18.160.160 (all)
Exceptions: A) 18.160.160 A.2.
5/8" X 30" capped iron rods on surface
of Final Lift will be acceptable. :
s:.
18.160.160 Monumentation, Basis of Bearin: Re•uirements and
Acceptance of ImE vements I -
A. :
Monumentation ,
/ 1. In accordance with ORS 92.060 subsection (2), the ,, ,
centerlines of all street and roadway right-of-ways shall be
monumented before the City shall accept a street improvement.
2. All centerline monuments shall be placed in a mDnument box
conforming to City standards, and the top of ;'s°11 monument , s
boxes shall be set at design finish grade of said street or t
roadway. 1p
3. The following centerline monuments shall be set:
a. All centerline-centerline intersections. _
Intersections created with "collector" or other f
existing streets, shall be set when the centerline 1,{
IT.
alignment of said "collector" or other street has been
established by or for the City;
a
STAFF REPORT - ZC 2-84/PD 2-83/S 11-83/V 6-83 - PACE 15
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b. Center of all cul-de-sacs„
c. Curve points. Point of intersection (P:$. ) when their
position falls inside the limits of 'I`o pavement
otherwise beginning and ending points (B,L_. ,- ed EC. ).
B. Basis of Bearing
1. The plat shall be tied to a City of Tigard "Primary" or '.
"Secondary" control station if one exists within 1000 feet
of the plat and the bearings oriented thereon.
2, Tigard Grid coordinates for all established boundary points
on the plat shall be submitted to the City within 15 days of
recording.
2) Compliance of 18.164.030 Section H, "Intersection Angles."
18.164.030 Streets
H. Intersection Angles. Streets shall be laid out so as to
intersect at an angle as near to a right angle as
practicable, except where topography requires a lesser
angle, but in no case shall the angle be less than sixty
,, degrees unless there is special intersection design; and
1. Street shall have at least 25 feet of tangent adjacent to
the right-of-way intersection unless topography requires a
lesser distance.
2. Intersections which are not at right angles shall have a
minimum corner radius of 20 feet along the right-of-way
lines of the acute angle.
3. Right-df-way lines at intersection with arterial streets
shall have a corner radius of not less than 20 feet.
20. No changes or modification shall be made to approved plans without
written approval from the appropriate City department.
21. A "Recorded" mylar copy of final plat shall be submitted to the ':
City within 15 days after recording.
RECOMMENDED MOTION
Should the Planning Commission adopt staff's findings and
; recommendations, the following motion may be made. "Move to approve as
modified, with conditions, the applicant's request for ZC 2-84, PD 2-83,
and S 11-83, and deny V 6-83".
. 41.tfil� t IT. i).4 r‘ r / - _ e ifi4 .. alt4/
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PREPA' D BY: S. Ha ., Pishvai' ' A' 'RIVED BY: William A. Monahan
Assistant Planner Director of Planning
Elizabeth A. Newton Development
Associate Planner
(1w/0305P)
STAFF REPORT - ZC 2-84/PD 2--83/S 11--83/v 6-83 - PAGE 16
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PUBLIC HEARINGS;'
The following will be considered by the Tigard.Planning Commission on, n-
February 21, 1984,at 7:30 P.M. at Fova'ler Junior'Higil School Lecture Room, 5- ,.
10865 SW Walnut,Tigard,'Oregon.Further information may be obtained from
the Director of Planning and Development at 12755 SW Ash Ave., Tigard,
Oregon 97223 or by calling 639-4171.
Study session between Planning Commission and NPO's.
VARIANCE V 1-84 BOND,PARK II and BOND PARK III NPO#5 1
A request by Waverly Construction Co.for a variance to city standards to I
allow sidewalks on only one side of the interior streets of Bond Park II 1
and III. The applicant also requests a variance from the setback stand-.
ards for an R-12 zone to allow 18 foot garage setbacks,10 foot street side 1
yards,4 foot interior side yards,and 15 foot rear yards.The property is
designated meoium density residential and is zoned R-12. Located at:
Been SW 79th and SW 81st,north of Durham Road. (Wash. Co.Tax 1
Map 2S1 12CC lots 100, 1900,2000,and 251 12CD lot 1600).
PLANNED DEVELOPMENT PD 1-84 Rosebud Enterprises,Inc..NPO#7
A request for conceptual plan approval for 34 single family zero lot line r
dwelling units on 7.31 acres.The roe `
g property rty is designated Medium Density i
Residential and Open Space.It is zoned R-7PD.Located at:SW 106th Ave
`` and SW Black Diamond Way. (Wash.Co. Map 1S1 34AD lot 2600).
PLANNED DEVELOPMENT PD 3-84
SUBDIVISION S 11-83
- ZONE CHANGE ZC 2-84 I;
VARIANCEW' '6'$ Colony Creek Estates II,III,IV NPO#4 I
A request..by Titan Properties for a zone change from R-12 to R-12
Planned Development (PD) for a 2.49 acre parcel.Also,a request for a
conceptual and detailed plan approval of a Planned Development as well
as preliminary plat approval on 15.27 acres.A variance to allow zero lot
line construction in the R-12 zone,plus a reduction in the garage setback
from 20 to 18 feet.The property is designated medium density residential 1
and is zoned R 7PD and R-12. Located at:SW Hall Blvd and SW Fenno
Creek Drive (Wa. Co.Tax Map 2S1•12BB lots 100, 101,3400,3601,3700 1,
and 4300). ,.;
176320 Publish February 9,1984
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