Ordinance No. 77-59 r f
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CITY OF TICARD, 0=, 011
ORDINANCE No. 77-_L_
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY DONALD
F. POLLOCX Ir1TT'SVTNTS FOR AN AME'NDME'NT OF THF. 1970 ZONING MAP OF THE
CITY OF TIGARD C:�I,NGING TIT, ZONE DISTRICT OF A TRACT OF LAND DEi ICfiFD
ON %'ASHINGTC1Ai COUNTY TAX MAP 2S1 2BC, TAX LOT 1900 FROM CITY OF
TICARD R-10 TO R-10 P.D. RESIDENTIAL PLANNED DEVELOPMENT
ANADOPTING EXHIBITS Ai.. j AND C A.ND FIXIPIG ANEFFECTIVir DATE.
THF CITY OF TIGARD CRDAINS A" T'OLLOyVS:
Section 1: Finding that the lands hereinafter described have been
heretofore and are now classified as City of Tigard
R-10 and further finding that pursuant to prescribed procedures, the
above stated application for `oning map amendment was heard in
public hearings held by the Tigard Planning Commission on May17, 1 '77,
and all interested persons were there and afforded an opportunity
to be heard., and thereafter, the Planning Commission filed its
report with the City Recorder, which recommended approval, a copy
thereof hereto attached and by reference made a part hereof, the City
Council adopts the following substantive findings:
A. `'Pat the application conforms with the Tigard Community
Plan, 1971, as adopted in that:
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1. Proposed density is within that specified in Neighbor-
hood Plan Organization III; and
2. That development is proposed to, have streets, curbed
gutters, street lights, walkways in accordance with '
city and county standards and utilities will be required to
be placed underground; and. ra
.. That adequate water and sewerage facilities as well as public
streets are available to serve the proposed development;
and
4. That by dedication of the greenway area to the City the
open space will be preserved and maintained; and
5. That the proposal is in harmony with the surrounding area
in that it is at a lower density than that which exists on
adjacent properties.
Section 2: THEREFORE, pursuant to the requirements of Chapter 18.56
of the 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 "B" for residential planned develop-
ment is hereby approved subject to the provisions of 18.56, Planned
Unit Development Zone of the Tigard Municipal Code as embodied in or
exhibited by the documents submitted and identified as follows:
ORDINANCE No. 77
ZC 10-77
Exhibit "A" - :7taff Report
Exhibit "B" - Legal Description
Exhibit "C" - General Plan and Program
and further subject to the following condition:
1. That the floor elevations of all structures be no less
than 1J feet above the flooding area as shown on the general develop-
ment plan.
Section 3: This Ordinance shall be effective on and after the 31st
day after its passage by the City Council and approval
by the Mayor.
PASSED: By gL7an�'rr��-,s vote of all Council Members present this
.� date of J�, tT, 1977, after being read three
times by number and title only.
s
Recorder, City o� :T Bard
APPROVED: By the mayor this _21L_day of .�4_�,`, 1977.
4ayor, City of Tigard
ORDINANCE No. 77_,
ZC 10-77
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: zC 10-77
REQUEST: General plan and program review of a proposed 15 unit sin-
gle family residential planned development in a "R-10,
Single Family Residential" zone
LOCATION: Between S.W. Pathfinder Way and S .W. Walnut Street (Wash.
Co. Tax Map 2S1 2BC, Tax Lot 1900)
APPLICANT: Donald E. Pollock/Richard Brainard
I . FINDINGS OF FACT:
1. The applicant is requesting general plan and program review
of a proposed 15 unit residential planned development on a
6.32 acre parcel in accordance with Section 18.56 .030 of the
Tigard Municipal Code.
2. Section 18.56.01 states:
"The purpose of the planned development district is to pro-
vide opportunities to create more desirable environments for
the application of flexible and diversified land development
standards under comprehensive plan and program profession-
evelopment district is intended
ally prepared. The planned d
a: to be used to encourage application of new techniques and
s new technology to community development, which will result
in superior living or development arrangements with lasting
values. It is further intended to achieve economies in land
development, maintenance, street systems, and utility net-
works while providing building groupings for privacy, usable
and attractive open spaces, safe circulation, and the gen-
eral well-being of the inhabitants."
3. Section 18. 56.030 of the Tigard Municipal Code provides for
the applicant to petition for general plan and program re-
view and authorizes the Planning Commission to hold a public
hearing on the proposal .
4. Section 18.56.040 of the Tigard Municipal Code states:
"Planning' Commission, after public hearing, as provided in
Chapter 18.88, may by resolution recommend approval of the
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7:30 P.M.
Page 2
planned development district in the general development of
program with or without modifications or may deny the appli-
cation. A decision to recommend approval of the planned de-
velopment district shall be based on the following findings:
1. That the proposed development is in substantial conform- t
ante with the comprehensive plan for the city 6
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2. That the exceptions from the standards or the underlying
district are warranted by the design and amenities in-
corporated in the development plan of program
3. That the proposal is in harmony with the surrounding
area or its potential future use
4. That the system of ownership and the means of develop-
ing, preserving, and maintaining open space suitable
5. That the approval will have a beneficial effect on the
area which could not be achieved under other zoning dis-
tricts
6. That the proposed development or unit thereof can be
substantially completed within one year of approval.
5. The site is within the boundaries of Neighborhood Plan III ,
which designates the property Suburban Density Residential.
Applicable policies from NP III include the following:
Policy 4 . "Protect the existing suburban character of this
portion of the neighborhood from encroachment by
higher density developments; the maximum overall
density of development will be three dwelling
units or nine persons per gross acre. A higher
density of four or twelve persons per gross acre
is a possibility within an approved planned unit
development."
Policy 5. "Residential subdivisions will be developed with
paved streets, curbs, and gutters, street lights
and walkways, according to City or County stand-
ards. All utilities will be placed underground."
Policy 6. "Development will coincide with the provision of
public streets, water, and sewerage facilities
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M. f
Page 3
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These facilities shall be:
a. Capable of adequately serving development and
b. Designed to meet City or County standards."
Policy 25 "When land is developed and includes a designated
bicycle path route, easement should be granted to
the City. In cases where development increases
the need for the path, construction should also
be required."
Polite 26 Any street improvement project in the neighbor-
hood should include facilities for the pedestrian
and the bicyclist.
Policy 27 "Any development along stream channels for rec-
reational purposes should not disturb existing
trees. Places where trees are absent some should
be planted. The greenways are not suited for in-
tensive recreational developments and should be
restricted to an all-weather path and passive
areas for resting and picnicing and related ac-
tivities."
6. The properties zoned "R-10, Single .Family Residential
7. Prior actions of the Planning Commission regarding this par-
eel are as follows:
a. December, 1970 - 35 unit plan development with a 24 foot
wide one-way through street from S .W. Walnut to S.W.
Fonner Street approved. This approval expired due to
lack of substantial construction within one year.
b. March, 1973 26 unit planned development approved.
This proposal involved multi-family units, which was ap-
pealled to City Council, which reversed Planning Commis-
sion decision denied.
C. In December, 1976 Planning Commission denied preliminary
plan and program for 24 unit planned development based
on lack of conformity to NP III , with particular con-
cerns about density drainage, flood plain, and traffic
problems.
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977- - 7: 30 P,M.
Page 4
d. In February, 1977 Planning Commission denied preliminary
plan and program for 18 unit planned development based
on inadequate flood plain information and site drainage
problems.
e. On April 19, 1977 Planning Commission approved prelimi-
nary plan and program of a 15 lot single family residen-
tial residence subject to the following conditions:
(1) An easement be provided in the area of Lots 14 and
15 for drainage and continuance of the bicycle path
from the Watkins Place Subdivision to an overall
landscape and building siting plan be included in
the general plan and program.
(2) Design for the signing and marking of the bike path
in the street right-of-way be included in the gen- fi
eral plan and program.
(3) A French drain type of storm water drainage system
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should be provided along the southeast plat bound-
ary to intercept run-off from the upslope develop-
ment.
(4) A drainage plan be submitted. '4
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(5) The greenway be developed prior to dedication.
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8. The subject property is not within the City of Tigard flood
plain district, is regulated by Ordinance 74-50A. t
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II STAFF OBSERVATIONS:
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The site is a westerly sloping, heavily vegetated parcel bisec-
ted by a creek, which flows in a northerly direction. Surround-
ing the parcel are two large lot subdivisions on septic tanks {
and the Pathfinder Subdivision with 7,500 to 8,000 square foot
sewered lots.
A 15 inch sewer main is adjacent the creek through the site,
with an eight inch water line in S.W. Walnut Street and a six
inch water line in S.W. Pathfinder Way. Both systems are ade-
quate to service the property.
Concern has been voiced in the past that stability of soil is
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such that it renders portions of the property unbuilda
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977-7: 30 P.M.
Page 5
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applicant has responded by providing cut and fill profiles,
which locates the structures on the higher ground with the foun- g
dations of all buildings below or on existing grades and not on
fill as was the Fathfinder Subdivision. This area is shown on
the U.S. Soil Conservation soil reports as having moderate to
severe development constraints, due to wetness, low strength,
and high shrink-swell potential. The Uniform Building Code re-
quires soil compression test for problem areas such as this and
will be required prior to issuance of any building permits.
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Of equal concern during recent review of this property has been
the issue of flood plains. As noted in Finding of Fact 6, the
site was not found to be within the 100 year flood plain, as de-
termined by the U.S. Army Corps of Engineers. The determination
has been made that the high water table on this property is
probably a result of poor drainage caused when the fill in S.W.
Walnut Street was vertically realigned. The result -of this has
been to create a flood water retention basin, which, during pe-
riods of heavy rainfall, functions so as to lessen the impact of
the run-off's initial crest. The applicant has designed the de-
velopment so as to maintain this community asset by adding a 36
inch culvert in addition to the existing 48 inch culvert onto
S.W. Walnut Street . This will serve as an overflow pipe and as-
sure that water will not be backed up to the finish floor eleva-
tion of the proposed dwellings or the properties upstream. The
applicant also anticipates filling a portion of the existing re-
tention basin, although artifically created.
The drainage basin is proposed to be dedicated to the public for
inclusion as part of the City's greenway system for open space
preservation. With grading and filling, as proposed, little of
the existing vegetation of the building areas is expected to re-
main. This vegetation is generally of low quality brush. By
dedicating the lower area for open space, that vegetation will
be retained in its natural state. An extensive planting program
appears to be necessary.
Although much of the upstream and surrounding developments oc-
curred in the county without sanitary sewers, there has been
concern expressed thatanunhealthy situation exists on the
site. Prior to the last Planning Commission review of the site, a
the Washington County Health Department has inspected the site
and found the cause of the odor to be the result of decaying ve-
getation, not sewage. The applicant has proposed providing
sewer easements to adjacent properties on the east, which are
currently on septic tanks, should a sewage problem develop.
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7.,30 P.M.
Page 6
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The lotting pattern as proposed envisions 15 lots from 8,075 {
square feet to 12,000 square feet, with an average lot size of
9,277 square feet. This is within the three units per gross
acre limitation of the NP III .
In the area of Lot 14 a very small creek enters the site. When
the r-roperty to the south was given tentative subdivision ap-
proval, April 5, 1977, part of that proposal was to maintain the
open drainage, not culverted and extend a bicycle/pedestrian
path to this property for connection to the City greenway sys-
tem. The path is projected to follow the stream and will end
at the- southeastern edge of Lot 14. Concept of maintaining the f
open drainage and connection to the greenway system should be 3
continued through this site. The applicant proposes to utilize
a portion of the street as a substitute for constructing a path-
way in the drainage basin. This appears to be acceptable if the
property is signed as a public pathway.
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III d thl opas.�l in 7iebru ry and recommended ap-
proval of the 18 unit planned development , provided that sewer
easements are available for the parcels to the east and that the
greenway area be maintained as permanent open space.
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CONFORMITY TO PRELIMINARY PLAN AND PROGRAM E
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1. "An easement be provided in the area of Lots 14 and 15 for i
drainage and continuance of the bicycle path from Watkins
Place Subdivision. "
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The proposed development plan incorporates the ten foot
pedestrian easement between Lots 14. and 15 and shows a re- ,
location of the drainage swale to occur between Lots 13 and
14 and then flow west to join the main stream and pass under j
the Pathfinder Way extension through the culvert. No men-
tion
en tion is made of the continuance of the bike path from the f ;
Watkins Place Subdivision. 1
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2. "An overall landscape and building siting plan be included
in the general plan and program."
Sheet 3 of the general plan includes a landscape and drain-
age plan which shows the vegetation to be removed and that
which will remain.
3. "Design for the signing and marking the bike path street
right-of-way be included in the general plan and program." {
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STAFF REPORT
AGENDA 5,2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 7
The applicant has proposed to use signing as specified by
the Oregon State Highway Division for public bike paths.
This is acceptable.
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4. "A French drain type of storm water drainage system should
be provided along the southeast plat boundary to intercept
run-off from the upslope development."
Sheet 3 of the general plan states that surface or subsur-
face drainage from the east will be intercepted and routed
as required to avoid interference with the proposed building
sites and street improvements. This is acceptable as sta-
ted with the addition of the words "as determined by the di-
rector of public works".
5. "A drainage plan be submitted. "
The drainage plan is shown on Page 3 of the general plan.
6. "The greenway be developed prior to dedication. The appli-
cant's written submission notes that the greenway area will
be dedicated to the City and preserved in its natural state
and that the improvements will be primarily of channelizing
the creek and clearance of undesirable brush.
CODE DEVIATIONS
The applicant is requesting in the general program that with
Lots 1 through 6 that there be a ten foot building setback, in-
stead of the 20 foot, as required by the underlying R-10 zone.
This is for the living portion of the building but will still
provide for a 20 foot setback for the garage areas, which will
provide ample room for cars to park in the driveway and not on
the street. It will also allow building siting closer to the
street and, subsequently; more so removed from the area experi-
encing drainage problems.
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An additional code deviation requested is the width and loca-
tion of the curb to -curb street area. The applicant is propos-
ing a 28 foot roadway with a five foot sidewalk on the west
side only and the street offset to the west right-of-way line .
This is in lieu of providing a 34 foot roadway with two five-
foot sidewalks, as required by the Subdivision Ordinance. This
appears to be warranted and will minimize the potential for
erosion caused by cutting in order to put the street in. The
reduced pavement width also appears to be warranted so as to
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
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Page 8
allow again the shifting of buildings as far to the east as pos-
sible, placing them on the higher and more buildable portions of
the property.
DEDICATION
The applicant has proposed dedication of the greenway area via
warranty deed to the City for no charge. This is acceptable and F
will assure that the area will remain open and access available F
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to the public.
The applicant has also submitted deed covenants which:
1. Requires that trailers, campers, boats, etc. be stored in a
garage
2. Limits fence heights to six feet
3. Prohibits animals, other than normal household pets, to be
kept in the area
4. Prohibits television antennas to be visible outside the home
5. Requires the applicant ' s approval of exterior colors and !'
building plans and siting
6. Prohibits use of single family dwellings in such a manner as
to become a nuisance, and
7. Prohibits trailers, tents or other outbuildings to be used
as a residence, either temporarily or permanently .
III . CONCLUSIONARY FINDINGS:
1. The proposed development is in substantial conformance with
the comprehensive plan for the City in that :
a. Proposed density is within the three dwelling units per
acre, as specified in the NP III
b. Development is proposed to have streets, curbed gutters,
street lights, walkways in accordance with City and
County standards and utilities will be required to be
placed underground -
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7:30 P.M.
Page 9
2. As noted in the staff observations, adequate water and
sewer facilities are available, as well as public streets.
3. A bike path is shown through the development and easements
are shown on the general plan and subdivision preliminary
plat . Construction is also contemplated.
4. The proposal envisions minimizing the disturbance to exist-
ing vegetation in -the greenway area.
5. The deviations to the setback variance and street design
standards are warranted in order to locate future structures
as far as possible from the portions of the site with drain-
age problems, to minimize the amount of pavement involved in
the street and to provide proper slope along the eastern
portion of the site where the street will be located.
6. The proposal is in harmony with the surrounding area in that
it is at a lower density than that which exists on surround-
ing properties.
7. That by dedication of the greenway area to the City the open
space will be preserved and maintained.
8. Development of the property as a standard R-10 subdivision
would require extensive filling and grade modification,
which will not be necessary under the plan development and
is more beneficial than that which could be achieved as de-
veloped in another manner.
9. The applicant has stated that the proposed development will
commence upon approval by the City and has stated their as-
surance that the project can be substantially completed
within one year.
IV. STAFF RECOMMENDATION:
Based on the findings of fact and the conclusionary findings,
staff recommends approval of the- planned development and pre-
liminary subdivision plan with the following condition :
The floor elevations of all structures be no less than 1i feet
above the flooding area as shown on the general development -
plan.
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Donald E. Pollock Property
Rea Wa1:►ut Street
PARCEL A
That part of Lots 24, 25, and 26 in NORTH TIGARDVILLE ADDITION,
Washington County, Oregon, as shown by the recorded plat thereof,
being in the East half of the Northeast quarter of Section 3, and
the West half of the Northwest quarter of Section 2, Township 2
South, Range 1 West of the Willamette Meridian, Washington County,
Oregon; and bounded by a line:
Beginning at an iron pipe in the West line of Lot 25, which is
7.358 chains from the Southwest corner thereof and running thence
North 00 10' East 6.485 chains (428.2) feet to an iron pipe in the
West line of Lot 24; thence North 45 33' East 10.345 chains (682.8)
" feet to a point in the road from which an iron pipe bears South 450
331 West 18.1 faet distant; thence in said road South 740 56' East
3.693 chains (243.7) feet; thence South 570 54' East 1.95 chains
(128.7) feet to a point from which an iron pipe bears South 470 02'
West 20.7 feet distant; thence South 470 02' West 17.244 chains
(1138.1) feet to the point of beginning.
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April 29, 1977
GENERAL DEVELOPMENT PLAN & PROGRAM
for
YOLO ESTATES PLA14NED DEVELOPMENT
Actions Requested: General Development Plan Approval including;
1. R1OPD Zoning Approval
2. Setback Variance Approval
3. Street Design Deviation Approval
4. Preliminary Subdivision Approval
Location: City of Tigard Neighborhood #3; Tax Lot 1900, Section
2, T2S, R1W; Situated between Walnut Street and
Pathfinder Way
Goals & Objectives: In addition to the purpose of the planned
development district stated in Section 18.56.010 of the city's
zoning code, and applicable goals and policies of the Tigard
Community Plan and Neighborhood III Plan, the following objectives
will be met by the project;
1. Preservation and dedication of open space to the city.
2. Preservation of the drainage qualities of the site.
3. Preservation of natural vegetation and wildlife sanctuary.
4. Continuation of the city's system of pedestrian-bicycle
trails.
5. Development of single-family homesites within existing
density requirements to meet the housing demand in this
portion of the metropolitan area.
Area: Total Site Area 6. 32 acres
Private Home Sites 3.20 acres
Public Street Area 0. 80 acres
Opei Space Area to be 2. 32 acres
dedicated to the city
Density: Dwellings Square Feet
Permitted R10 Zoning 19 10,000 s.f./lot
Overall Project Density 15 18,350 s.f./lot
Permitted RlOPD Zoning 24 No Standard
Average Net Density 15 9280 s.f./lot
Land Use: Proposed land use is single-family development. Build-
ing site area limits are indicated on the General Development
Plan.
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Building Design; Typical plans and elevations of homes to be
constructed on the site are attached. Each home will have an
enclosed one or two car garage plus a 20-foot long driveway for
parking.
Setback Variance: On lots 1 through 6, the applicant requests a
10-foot building setback, but excluding the garage portion of j
each building. Garages will continue to be subject to the normal
20-foot setback to allow ample room for a car to park in the
driveway. The purpose of the setback variance is to save stands
of trees in the backyard areas and to minimize the fill needed j
for home building. This will allow a larger natural drainaae
area to remain. #
Street Design Deviation: In the right-of-way of Pathfinder Court,
the applicant requests a deviation in tle width and location of
the curb--to-curb street area. A 28-foot roadway with a 5-foot
sidewalk only on the west side, offset to the west right-of-way
line is requested. This alignment will minimize cutting into
the bank along the east right-of-way line which in turn will
minimize future erosion of the bank.
Bikeway Sinning: Signing of the bicycle pathway through the
site is proposed in conformance with. Oregon State Highway Depart-
ment standards. These standards are attached.
Restrictive Covenants & Dedications: Drafts of restrictive
covenants and dedication of property to the city are attached.
Landscaping: Parcel 16 will be dedicated to the City of Tigard
and will be preserved in its natural state. Greenway improvements
will be completed prior to dedication. Improvements will include;
1. Clearance of debris and vegetation from the stream
channel to facilitate water flow and self cleaning.
2. Clearance of undesirable brush to improve the visual
quality of the area.
The developed portion of the site will be landscaped as follows;
1. Yards will be planted in grass with areas of bark dust
and ornamental shrubs.
2. The rear yards of lots 1 through 7, plus the lower
portions of lots 9 and 10 below the proposed 100-year
water surface line will be preserved in their natural
states.
3. Cut slopes within the lot areas will be planted with
lawn, English ivy, shrubbery, or other appropriate
ground cover to protect against erosion.
9. Cut slopes within the public rights-of--way will be
planted with English ivy or other appropriate ground
cover to protect against erosion.
5 2
5. A non-structural low wall (up to 4 feet) will be construe-
ted five feet behind the east curb along Pathfinder Court
as indicated on the General Development Plan.
6. Major trees and groves of trees in the area to be developed
are indicated on the General Development Plan. All trees
to be removed are noted. Individual homes will be sited
to avoid removal of trees to the maximum extent possible.
Drainage: Drainage improvements are as shown on the attached Land-
scape and Drainage Plan and as described below:
1. The creek area will be cleared of blackberry bushes and
other overburden to assure maximum carrying capacity of
the main channel.
2. The culvert entrance at S. W. Walnut Street will be
cleared to provide improved inlet capacity. {
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3. A 36-inch CMP will be installed parallel to the existing
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48-inch CMP under S. W. Walnut Street to assure a maximum
100-year water surface level of 162 feet. [[
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4. The small stream through Lot 14 will be re-routeu
common lot line of Lots 13 and 14.
5. In general, soft, spongy soils will be left undisturbed,
except where improvements such as streets, driveways,
pathways," or structures are proposed. Where improvements
ils will be removed and dis-
are planned, the organic so
posed of off-site, and the new structures will be sup-
ported on clean, undisturbed native soil.
6. Wet areas that are not intended to support structures
;tr can be drained by a series of small hand-dug ditches to
carry surface water to the creek. Removal of overburden
will help to keep these areas dry and more suitable for
front-yard and back-yard uses.
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•7. Surface or sub-surface drainage that is encountered from
properties to the southeast will be intercepted by on-
site grading and carried along common lot lines or within
the street right-of-way. k
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DECLARA'T'ION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS : Donald E. Pollock
Investments , hereinafter called the "Declarant" , does hereby
declare as follows :
WHEREAS , Declarant is the owner of the real property
in Washington County, Oregon, known as Yolo Estates , as the
s .me appears in a Plat recorded in Book , Page
of Plat Records of Washington County, Oregon; and
WHEREAS, Declarant desires to subject said property
to the conditions , restrictions and charges herein set forth
for the benefit of said property and its present and subsequent
owners as hereinafter specified;
NOW, THEREFORE, Declarant hereby declares that the
property described above is and shall be held and conveyed
upon and subject to the conditions , covenants , restrictions,
.easements , reservations and charges hereinafter set forth:
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ARTICLE I
No lot shall be used for any purpose other than
residential purposes, and no building shall be erected,
altered, placed or permitted to remain on any lot other than
one detached single family dwelling.
ARTICLE II
Easements for the utilities as outlined on the
recorded plat of Yolo Estates are hereby reserved.
ARTICLE III
No noxious or offensive activity shall be carried
Page 1 - DECLARATION OF RESTRICTIONS
S,
on upon any lot, nor shall anything be done thereupon, or in
any single family dwelling erected thereon, which may be, or
may become, an annoyance or nuisance to the neighborhood.
e
ARTICLE IV
No structure of a temporary character, trailer,
{
basement, tent, shack, garage, barn or other outbuilding,
shall be used on any lot at any time, as a residence , either
temporarily or permanently. Further, no trailer, camper ,
boat trailer or equipment or vehicle other than passenger
cars , panel or pickup trucks , may be stored or parked
P
permanently outside of a garage or shelter.
ARTICLE V ;
S
No sign of any kind shall be displayed to the
public view on any lot or improvement except one professional
sign advertising the property for sale or rent. This restric-
tion does not apply to signs used by Declarant during the
construction and sale.
ARTICLE VI
No fence or wall shall be erected which exceeds
six (6) feet in height.
ARTICLE VII
No animals, livestock or poultry of any kind shall
be raised, bred, or kept on any lot, except that dogs , cats ,
i
or other household pets may be kept provided they are not
kept, bred or maintained for any commercial purposes .
Page 2 - DECLARATION OF RESTRICTIONS
t � f
ARTICLE VIII
No television antennas , or antennas of any other
type, may be installed in such a manner as to be visible `
outside of any home.
ARTICLE IX
Prior to commencement of construction of any
i
dwelling on any lot, the plans, elevations , and site location
must be approved in writing by Declarant. Exterior colors
must also be approved by Declarant.
ARTICLE X
In construing this Declaration, or any part thereof,
stipulations which are necessary to make this Declaration,
or any of its terms or provisions, reasonable, are implied.
The determination by any court that any of the provisions of
i
this Declaration are unlawful or void shall not effect the
validity of any of the other provisions hereof.
All of the conditions , restrictions and charges
set forth in this Declaration are imposed upon said property
for the direct benefit thereof and of the owners thereof as
l
a part of the general plan of development, improvement,
building, occupation and maintenance hereby adopted therefor
by Declaration; and such conditions , restrictions and charges
shall run with the land and shall continue and be in full
force and effect until extinguished, or modified as herein
provided. The conditions , restrictions and charges, or any
of them, may be changed, modified or extinguished at any
Page 3 DECLARATION OF RESTRICTIONS
y, r
4. �
,
b written agreement executed by the then record owners
. time y r
of a majority or more of the lots in Yolo Estates ; however,
the conditions , restrictions and charges , or any of them,
may not be changed, modified or extinguished by the Association
ny lot or lots , or portions of
as long as Declarant owns a
lots , in Yolo Estates unless the Declarant shall have first 4
given its written approval to such change, modification or
extinguishment.
Y
ARTICLE XI
Enforcement of the provisions hereof shall be by
quity against any person or persons
action at law or suit in e
violating, or attempting to violate, any provision or provisions ,
hereof, and the prevailing party shall be entitled to such
attorney's fees as the court may deem reasonable in any such
action or suit.
ARTICLE XII
Nothing contained in this Declaratic i shall be
construed to prevent the erection or maintenance by the €
Declarant or its duly authorized agent of structures or
signs for the conduct of its business in connection with
Yolo Estates while the same, or any part thereof is owned by
Declarant.
ARTICLE XIII
The provisions contained in this Declaration shall
bind and inure to the benefit of, and be enforceable by, the €
Declarant, the owners of lots in Yolo Estates, and their, f
Page 4 DECLARATION OF RESTRICTIONS
€
and each of their, legal representatives , successors , heirs
and assigns , and failure by Declarant or by any of the lot
owners or their legal representatives , heirs , successors or
assigns , to enforce any of such conditions , restrictions or
charges herein contained shall in no event be deemed a
waiver of the right to do so.
ARTICLE IV
Any or all of the rights , powers and reservations
of Declarant herein contained may he assigned by Declarant
to any other corporation or business entity which is now
organized or which may hereafter be organized and which will
assume the duties of Declarant hereunder pertaining to the
particular rights, powers and reservations assigned; and
upon any such corporation or business entity evidencing its
intent in writing to accept such assignment and assume such
duties , it shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations
and duties as are given to and assumed by Declarant.
IN WITNESS WHEREOF, Declarant has caused this
instrument to be executed this day of _
1977.
DONALD E. POLLOCK INVEST14ENTS
By
Page 5 - DECLARATION OF RESTRICTIONS
s
00
STATE OF OREGON ss .
County of Multnomah )
1977
Personally appeared Donald E. Pollock, who being
d say that he is the president of Donald E.
duly sworn di
Pollock Investments , and that said instrument was signed in
ity of its
behalf of said coporation by
heracknowledgedasaid rinstrument Board
to be its
Directors,
voluntary act and deed.
------------
Notary Yublci for Oregon
tiiy Commission Expires:
Page 6 DECLARATION OFRESTRICTIONS
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