Ordinance No. 77-72 l �
CITY OF TIGARD, OREGON
ORDINANCE NO. 77- `l'v
AN ORDINANCE ADOPTING FINDINGS WITHRESPECTNTHE 19� OL ONINGNBY
MAP
DONALD E. POLLOCK INVESTMENTS FOR AN AMENDMENT T..n
OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT
T F A TSA160OFALAND
DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 35AD,3900 _
1700, TAX MAP 1S1 35DA, TAX LOTAMILY RESIDENTIALOANDRADOPTINGLTHEAM s
ILY RESIDENTIAL TO "AND B,, AND FIXING AN EFFECTIVE DATE .
ATTACHED EXHIBITS A AND
i
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Sect`on 1: Fndng ht iioreaandhareanow classifiednds raseSR-7" Single Family
d have been
hereretofof
Residential and further finding
that
forpursuant
zoningtmapramendmentpwase
application dures, the above-stated app
heard in public hearings held by the Tigard Planning Commission on
e there
nd
June 7, 1977, and all interestedthereafterstherPlanningaCommissiondfiled
opportunity to be heard, and
its report with the City Recorder, which recommended denial, a copy
thereof hereto attached and by reference made a part hereof, and,
further, finding that, after due and legal notice, public hearings
were held for the City Council on
July
25,
5,d1977 and
tthat
at said
t
hearing the applicant and all parties
rd were
afforded an opportunity to be heard and present and rebut evidence
application, and
with respect to said app further, finding that, based
and on the record of said
on evidence, both oral and documentary, the Council
hearing before the City Council and Planning Commission,
- has made the following stl)stantive findings:
A. That the application conforms with the Tigard Community
Plan, 1971 as adopted in that:
l permit densities that will economically
1. The request wil
essary public services and fa-
support the costs of neccilities, such as paved streets, pedestrian ways, and
utilities; and
2. It will permit a variety of housing types to meet the
d family income; and
needs of different family size an
3. Adequate water and sewerage facilities are available to
serve the proposed development.
Section .24
2: THEREFORE, pursuant to the requiremenlcants of Csarequespter $ for
of the Tigard Municipal Code, the app
an amendment of the Tigard Zoning Map of for1"A-2'970 1omulti-familylands
residen
described in the attached Exhibitrovisions of 18.24 "A-2"
tial is hereby approved subject to the p
multi-family residential zone of the Tigard Municipal Code as em-
bodied in or exhibited by the documents submitted and identified as
follows:
Exhibit "A" : Staff Report
Exhibit "B": Legal Descri-ption
and further subject to the following conditions:
I. The applicant will agree to: j
a. Annexing into the City of Tigard Tax Lot 2402 in order that E
access standards will be in conformance with City code
b. Annexing into the City of Tigard Tax Lot 3800 in order to
permit the most efficient use of the land.
2. That the following streets be vacated:
E
a. S.W. Dakota Street from Highway 217 to its terminus with Tax
Lots 2201 and 2200 (Tax Map 1S1 35DA)
b. Those portions of S.W. Manzanita (eastern and western) which
would no longer be required for public rights-of-way after a
new street connection between S.W. Manzanita and Hall Boule-
vard is provided to the site from Tax Lot 2402. Cross sec- k
tional drawings be submitted to Public Works Department for
their approval.
3. A major partition be submitted showing the changes in the street
right-of-way and revising the property lines to produce a lotting
pattern which responds to the proposed changes in the street sys-
tem.
4. Data will be provided at the time of design review consideration
indicating the location of the 100 year flood plain on the sub-
ject parcel and provide means for accommodating high volume storm
water across the north property line.
5. That a left turn lane be provided on Hall Boulevard subject to
Oregon State Highway Department approval.
6. A storm drain retention system be installed to Washington County
Public Works standards.
7. That a cul-de-sac be placed in S.W. 89th Avenue at the north
project boundary to prevent through traffic northward into the
residential area on 89th. This cul-de-sac shall have an emer-
gency vehicle access pointconnectingthe two portions of 89th.
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.
Page 2
Ordinance No. 77-_2
ZC 17--77
PASSED; By m a�o. f7 vote of all Council members present this z
day of use , 1977, after being read three times by
number and title only,
Recorder - City of gard
APPROVED: By the mayor this day of s�- , 1977.
�r r
Ci y o Tigard
Pi �tii JFy� o4 CUU 7C,l
Page ;3
Ordinance No. 77- 1.2 _
ZC 17-77
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
June 7, 1977 - 7 : 30 P.M.
Fowler Junior High School - Lecture Room '
10865 S,W. Walnut Street - Tigard, Oregon
DOCKET: ZC 17-77
REQUEST: To amend the zoning ordinance changing the zoning designa-
tion from "R-7, Single Family Residential" to "A-2, Medium
Density Residential" on a 7.1 acre parcel P
R
LOCATION: S.W. 89th Avenue and S.W . Manzanita Street (Wash. Co. Tax
Map 1S1 35AD, Tax Lots 1600 and 1700 and Tax Map 1S1 35DA,
Tax Lots 2500 and 3900) f
APPT.?;CANT: Donald E. Pollock Investments
I . FINDINGS OF FACT:
e
1. The applicant is requesting a zone change from City of Ti-
gard Zoning R-7, Single Family Residential (four units per
acre) to "A-2, Multiple-Family Residential"(12 units per
acre) .
2. The applicable statements and policies from the Tigard Com-
munity plan, 1971, are as follows :
Residential-Commercial '
Three areas are designated "residential-commercial". This
category is intended to accommodate higher density dwelling
structures, including -high rise apartments, combined with a
range of compatible office and business uses. An agreeable
arrangement of "mixed land use" in these areas can best be ,
achievediflarge tracts are developed as "planned:units".
The "Triangle" bounded by the Interstate 5, State Highway
217, and -Highway 99-W is planned as a "res ident ial-commer
_cial" area, as well as a large section bordering -on Highway
99-W between Walnut and Beef Bend Road. An area adjacent ,
to the planned regional shopping center is also in this
category. These areas are intended to have an "urban"
quality not unlike the redeveloped sections of downtown
Portland. High-rise and low-rise apartments and_office
buildings, together with related shops, restaurants, . and
'y service establishments, will combine to create an urban en
vironment characterized by diversity, activity, and amenity. ; _
r;
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COAWJSSION
June 7, 1977 - 7: 30 P.M.
Page 2
I
j
Objectives
1. To accommodate a compatible mixture of high-rise apart-
ments , garden apartments, retail shops , and offices.
2. To permit in selected parts of the Tigard area a pat-
tern of development that is characterized by higher-
intensity uses normally associated with a ,central city.
Policies and Standards
1. Residential-commercial development shall have direct
access to the major street system, the availability of
adequate public utilities, and will be situated in lo-
cations that are suitable for higher intensity uses.
2. High-rise apartments are encouraged in these areas as
well as compatible office uses--firm headquarters, in-
surance, finance, and professional - recreation uses - I,
hotels, motels, restaurants, and theaters - and commer-
cial and service uses that relate to higher-density
residential development. The overall density of resi-
dential development will be 13 dwelling units per gross
acre. Based on detailed design studies, densities be-
tween 30 and 40 dwelling units will be permitted in
suitable areas. Until these design studies are com-
pleted, each residential development will be limited
to the average density of 13 dwelling units per gross
acre.
3. Zoning regulations in these areas will assure a compa-
tible transition with adjacent . land uses. Each develop-
ment will accommodate its own parking demand.
4. Use of "planned unit development'-,' .techniques is en- �
couraged in order to better relate residential and com-
mercial uses and to permit flexibility in design to
enable a higher quality of development. Adjacent prop
e.rtq owners will be encouraged to cooperate in the as-
sembly of land for development as a "planned unit" .
r+'
T 3
sem".
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING C0MMISSION
June 7, 1977 - 7 : 30 P.M,
Page 3
3. Neighborhood Planning Organization #4 has completed pre-
liminary work on a land use plan for their area and has di-
rected staff to draft a plan text . This plan identifies the
single family residential development north of this prop-
erty as an area to be protected from encroachment by in-
compatible land uses. The subject property is recommended
for multi-family density residential development with the
inclusion of the necessary design considerations which will
assure maximum compatibility between the two areas.
4 . The applicant 's original application included two (2) addi-
tional tax lots (Tax Lots 2402 and 3800) . However, these
two properties are not within the jurisdiction of the City.
Tax Lot 2402 is being proposed to serve as the eastern ac-
cess point to the site off Hall Boulevard.
5. The north access to the site across Ash Creek crosses a
flood plain area. Development of an access through to S .W.
89th along the existing street would be difficult even if
the impact of the additional traffic on the neighborhood
north of Ash Creek could be shown to be acceptable.
6. According to the Washington County Zoning Department, ac-
cess through a single family zoned site to an apartment
site could only be obtained by means of a street dedication.
7. An additional problem foreseen by staff is that under Tigard
Code a parcel of ground (a lot) must be physically built
upon in order to exercise its inherent development right
under the zoning code. The separate parcels identified in
the application must, therefore, be- assembled into one
"lot" before development of apartments, unless the appro-
priate number of units are built separately on each of the
lots legally described. That is, a transfer of development
rights from one lot to another cannot be done by a zone
change.
8. The flood plain of Ash Creek, running east-west across the
northerly part of the site is designated "greenway" in the
Tigard Community Plan . The Environmental Design and Open
Space Plan currently before the City Council is also
proposing the flood plain of Ash Creek in this area as
greenway.
9. Hall Boulevard is designated a major arterial in the Tigard
Community Plan and residential/commercial development is
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 4
being proposed by NPO #4 between S .W. Oak and Highway 217
on both the east and west sides of Hall Boulevard.
10. The applicant has indicated that he is in the process of
petitioning for the vacation of S.W. Dakota which traverses
an east/west course along the southern most portion of Tax
Lot 2500 between Highway 217 and the southeastern terminus
of Tax Lot 2500.
II . STAFF OBSERVATIONS :
1. Sanitary sewer hook-up is available to the site. The Metz-
ger Water District has existing water lines onto the site.
2. The subject parcels are vacant, primarily flat areas, with
a mixture of pasture land and deciduous trees. Highway 217
forms the southwest boundary. Single-family homes are lo-
cated to the north and east of the site.
III . STAFF RECOMMENDATION:
Based on the findings of fact, the staff recommends approval
of the request subject to the following conditions:
1. The applicant will agree to:
a. Annexing into the City of Tigard Tax Lot 2402 in order
that access standards will be in conformance with City
code
b. Annexing into the City of Tigard Tax Lot 3800 in order
to permit the most efficient use of the land.
2. That the following streets be vacated:
a. S.W. Dakota Street from Highway 21.7 to its terminus
with Tax Lots 2201 and 2200 (Tax Map 1S1 35DA)
b. Those portions of S.W. Manzanita (eastern and western)
- which would no longer be required for public rights-of-
way after a new street connection between S .W. Manza
nita and Hall Boulevard is provided to the site from
Tax Lot 2402. Cross sectional drawings be submitted
to Public Works Department for their approval
3. A major partition be submitted showing the changes in the
street right-of-way and revising the property lines to
s
I
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 5
produce a lotting pattern which responds to the proposed
changes in the street system.
4. Data will be provided at the time of design review consid-
eration indicating the location of the 100 year Flood Plain
on the subject parcels.
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