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Ordinance No. 77-79 i CITY OF TIGARD, OREGON ORDINANCE NO. 77- 'JI t ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY STONERZDGE DEVELOPMENT COMPANY FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 3DD, TAX LOTS 1400 AND 1500, EXCLUDING THE EAST 346 FEET OF TAX LOT 1500, FROM "R-10" SINGLE FAMILY RESIDENTIAL TO "A-2" MULTI-FAMILY RESIDENTIAL AND ADOPT- ING EXHIBITS "A"AND "B" , GRANTING THE APPLICATION AND FIXING AN EF- FECTIVE DATE. s i r THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Finding that the lands hereinafter described have been heretofore and are now classified as 11R-10" Single Family k Residential and further finding that pursuant to prescribed proce- 4 dures, the above-stated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission on July 19, 1977, and all interested persons were there and then af- forded an opportunity to be heard, and thereafter the Planning Com- mission filed its report and recommended approval with the City Re- corder, a copy therefore hereto attached and by reference made a part hereof, the Council adopts the following substantive findings: f k 1. The proposed A-2 zoning district is compatible with the surround- ing zoning and conforms to the Neighborhood Planning Organization #3 Plan, which designates these parcels to develop at an Urban Medium Density of 12 units per acre; and appropriate condition, the adequate 2. That with the attachment of app p provision of public services to serve development of the site f can be assured; and 3. That the applicant has shown a community need for his proposed development on the site herein described; and 4. That the proposed location is most suitable for the applicant's proposed development. Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicant 's request for an amendment of the Tigard Zoning Map of 1970 to zone those lands des cribed in the attached Exhibit "A", for multi-family residential (A-2) use is hereby approved, subject to the provisions of Chapter 18.24 (Multi-Family Residential Zone) of the Tigard Municipal Code so em } bodied in or exhibited by the document submitted and identified as follows: ^ Fkhibit "A": Legal Description ro ZC 26-77 A. s Exhibit "B" : Staff Report and, further subject to the following conditions: 1. Five feet of right-of-way be dedicated along S .W. Gaarde Street for street improvement purposes. 2. 17 feet of right-of-way be dedicated along S .W, 110th Street for street improvement purposes, 3. A half street improvement for half of a 34 foot street section be made on the S.W. Gaarde Street frontage. No building permits will be issued until construction drawings have been approved by the Public Works Department and the necessary bond filed. 4. A half street improvement to local street standards (with 24 foot wide surface pavement) be made on S.W. 110th Street front- age. No building permits will be issued until construction draw- ings have been approved by the Public Works Department and the necessary bond filed. 5. A covenant be attached to the deed of any lots abutting S.W. Gaarde Street restricting direct access to S.W. Gaarde Street. 6. As part of the design review submission, consideration be given for alleviating the hazardous curve on S.W. Gaarde Street. Section 3: This ordinance shall become effective on the 31st day after its passage by the Council and approval by the Mayor. PASSED: By Cearumvwa vote of all Council members present, after being read three times by number and title only this 2'�, _ day of 1977. Recorder City o Tigard APPROVED By the Mayor this -2,;t,, day of 1977. 1112-,/0� 9*0�/ ity of Tigard Pi^e5«yeCu Page 2 : Ordinance No. 77- �.." ZC 26-77 r f. Y 4�4 t. 1 FFt' � F That part of Section 3, Township 2 South, tie 1 West of tine Willamette Meridian, in the County of Washington, State of Oregon, to-wit: Beginning at aopoint on the South line of said Section 3, which point is North 89 35 West 1300.04 feet from the Southeast corner of said Section 3; thence North 30 10' Bast 406.93 feet; f thence South 890 West to the Easterly line of a 16.66 foot road- way (3-236 - P565); thence South 00 11' East along said Easterly line to the Southerly line of said Section; thence Easterly along the Southerly line of said Section, 102.3 feet to the point of beginning. together with the contiguous parcel described as: That part of Section 3, Township 2 South, Range 1 West, Willamette Meridian, described as follows, and referred to as P - Parcel 11, to-wit: Beat a point on the South line of said Section 3; which is Southg 35' West 1081.74 feet from tie Southeast corner of said section and thence continuing South 89 35' West along said South line 218.3 feet to a point in County Road No. 411; thence North 30 10' East crossing an iron pipe at 20.03 feet on the North line of sa6d road, a distance of 406.93 feet to an iron pipe; theme North 89 56' East 194.6 feet to an iron pipe and thence South 0 I1' East 405 feet to the place of beginning.-------------- W Portion 1500. Y w STAFF REPORT AGENDA 5.1 TIGARD PLANNING CO?9MISSION July 19, 1977 - 7: 30 P.M. Fowler Junior High School Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon DOCKET: Zone Change ZC 26-77 REQUEST: Zone map amendment to change the zoning designation from R-10, "Single Family Residential" to A-2, "Multiple Fam- ily" for a 2.87 acre parcel LOCATION: S.W. Gaarde Street northwest of Pacific Highway APPLICANT: Stoneridge Development Corporation I . FINDINGS OF FACT: 1. The applicant is requesting a zone change from the exist- ing R-10 to A-2. 2. The site is designated "Urban Medium Density Residential" on the Neighborhood Planning Organization No. 3 Plan . Ap- plicable policies from the plan are as follows: Policy 8. The maximum overall density of development will be 12 dwelling units or 29 persons per gross acre. This amounts to a standard of 2,500 square feet of land per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography or existing development patterns. Policy 9 Urban medium density residentialareaswill be developed with paved-streets curbs and .gutters, and walkways. according to City or County- stan- dards. All utilities will be placed underground. Policy 10. Development -will coincide with the provision of public streets, water, and sewage facilities. These facilities shall be (a) capable of ade- quately serving all intervening properties as well as the proposed development and (b) de- signed to meet City or County standards. Policy 11. ' Planned unit development will be encouraged on tracts large enough to accommodate ten or more A dwellings. Planned unit development will permit a degreeofflexibility in design' that will en- able a higher quality of development in accord-ance with zoning standards. r s STAFF REPORT AGENDA 5 . 1 TIGARD PLANNING COMMISSION July 19 , 1977 - 7: 30 P•M- Page 2 Site plans will provide for auequate open space policy 12• properties and (b) pro- to (a) protect adjacent p P vide ample yard space for residents and play space for youngsters. Policy 13. Establish high design standards for signing and appearance, including the landscaping of setback areas and the designation of access points. Polic:, 14 . Apartments should be located to produce an oP- timum living environment for the occupants. Development criteria should include: a . Buffering by means of landscaping, fencing, ercial areas and ma- and distance from commBoulsuch evard as Pacific jor traffic carriers, Highway and Hall B {{ r,, On-site recreation space, as well as pedes- trian and bils, cycle access to parks, schoo and convenience shopping C. The siting of buildings to minimize the visual effects of parking areas and to in- erease the availability of privacy . Policy 15. Apartments should be located to produce the least adverse effects upon single family areas. Development criteria should include: sca in fencing, a. Buffering by means of land P g and distance b. Compatibility of design recognizing the conflicts of mass and height between apart- ment buildings and houses. Policy 16. Avoid locating apartments where access can be gained only from local residential streets. Policy 17. The Design Review Board will solicitthe OPin ion of the Neighborhood Planningorganization before approving development plans for apart- ments in this neighborhood. a A STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION July 19, 1977 - 7: 30 P.M. Page 3 II . STAFF OBSERVATIONS: 1. The site is relatively flat and partially being used for pasture, with three older farm houses with barns located t in the southwest corner of the parcel . To the west is the Tigard Baptist Church; on the north and south are single family homes; and to the east is an open field. A small stand of trees is located in the northwest corner of the site . j . 2. Sanitary sewer would have to be extended from an existing ten inch line approximately 400 feet west in Gaarde Street. The line in S.W. Gaarde is of adequate capacity to facili- tate the proposed density. Water service is available from the Tigard Water District from either a six inch line in } S.W. Gaarde or a 12 inch line in Pacific Highway , both of : which are adequate to serve the development. 3. NPO #3 Plan recommends that S .W. 110th between Fairhaven and Gaarde Street be improved. Currently 110th has a right-of-way of 16.6 feet on a narrow, undulating dirt road. Local street standards require 50 feet of right- of-way. S.W. Gaarde Street is in substandard condition (no sidewalks and curbs) with 40 feet of right-of-way. The NPO #3 Plan designates S.W. Gaarde as a collector street and recommends that it be improved as a two lane facility ' with restricted parking. An additional five feet of dedi- cation would be required for S.W. Gaarde Street. f' 4. The proposed site plan envisions that two driveway access points are provided to serve the property--one off of 110th and the other off S .W. Gaarde. The location of the Gaarde Street access presents a possible driver vision problem. i Gaarde Street has a curve at about the point where the ac- cess is proposed.-- Staf--f-suggests- 'that this access be de- leted and 110th be the primary access point for the site. t, IIT.. CONCLUSIONARY FINDINGS: z 1. The proposed A-2 zoning district is compatible with the surrounding zoning and conforms to the Neighborhood Plan- ning Organization 7#2 Plan, which designates these parcels to develop at an Urban Medium Density of 12 units per ac- re. With the attachment of appropriate conditions, the adequate provision of public services to serve development of the site can be -assured. . a l STAFF REPORT G AGENDA 5.1 TIGARD PLANNING COMMISSION July 19, 1977 - 7:30 P.M. � Page 4 2. S .W. 110th is an unimproved street , and in order to meet E the proposed density and provide the necessary access for this parcel , street improvements would be necessary. l IV. STAFF RECOMMENDATION: E Based on findings of fact and conclusionary findings, the staff recommends approval with the following conditions: r 1. Five feet of right-of-way be dedicated along S.W. Gaarde Street for street improvement purposes. t 2. 17 feet of right-of-way be dedicated along S.W. 110th Street for street improvement purposes. 3. A half street improvement for half of a 34 foot street sec- tion be made on the S.W . Gaarde Street frontage. No build- ing permits will be issued until construction drawings have been approved by the Public Works Department and the neces- sary bond filed. 4. A half street improvement to local street standards (with 24 foot wide surface pavement) be made on the S .W. 110th Street frontage. No building permits will be issued un- ti]. construction drawings have been approved by the Public Works Department and the necessary bond filed. 5. A covenant be attached to the deed of any lots abutting S.W. Gaarde Street restricting direct access to S .W. Gaarde Street. 6. As part of the design review submission, consideration be given for alleviating the hazardous curve on S.W. Gaarde Street. S 4 9 f m u MINUTES TIGARD PLANNING COMMISSION July 19, 1977 - 7: 30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. CALL TO ORDER: 2. ROLL CALL: Present: Wood, Tepedino, Popp, Sakata, Corliss, Brian Excused Absence: Goldbach Absent: Moore Staff: Laws, Bolen, and Edwards 3. APPROVAL OF MINUTES : Wood asked that the minutes of June 21, 1977 be revised as fol- lows: Item 5.5 - "The motion was :passed by unanimous voice vote. " Item 6.2 - The motion be corrected to read: "Sakata abstained", rather than Wood. With the above correction, the minutes were approved as read. 4 . COMMUNICATIONS: None 5. PUBLIC HEARINGS: 5.1 ZC 26-77 (Stoneridge) A request by Stoneridge Development Company for a zone map amendment to change the zoning designation from R-10 (Sin- gle Family Residential) to A-2 (Multi-Family) for a 2.87 acre parcel on S.W. Gaarde Street (Wash . Co. Tax Map 2S1 3DD, Lots 1400 and 1500, excluding the east 346 feet of Tax Lot 1500) A. Staff Report : Read by Laws B. Applicant's Presentation: o George Schenck, realtor, outlined the reasons sup- porting the zone change. o Joseph Van Lom, architect, stated that the majority of the units would be one story with landscaping and �z MINUTES TIGARD PLANNING COMMISSION Judy 19, 1977 - 7: 30 P.M. Page 2 berming along S.W . Gaarde Street. o Tom Miller, developer, reviewed the type of apart- ment to be built. C. Public Testimony : o Bibianne Sebeckla stated that the zone change was in accord with the NPO plan . D. Staff Recommendation : Based on findings of fact and conclusionary findings, the staff recommends approval with the following condi- tions: 1. Five feet of right-of-way be dedicated along S.W. Gaarde Street for street improvement purposes. 2. 17 feet of right-of-wav be dedicated along S.W. 110th Street for street improvement purposes. 3. A half street improvement for half of a 34 foot street section be made on the S .W. Gaarde Street frontage. No building permits will be issued until construction drawings have been approved by the Public Works Department and the necessary bond filed. M 4. A half street improvement to local street standards (with 24 foot wide surface pavement) be made on S.W. .110th .Street frontage. No building permits will be issued- until construction drawings have been approved by the Public Works Department and the necessary bond filed: 5. A covenant be attached to the deed of any lots t abutting S.W. Gaarde Street restricting direct ac- x cess to S .W. Gaarde Street . -6. As part of the design review submission, considera- tion be given for alleviating the hazardous curve on S.W. Gaarde Street o The following people cross-examined the staff recom- mendations: MINUTES TIGARD PLANNING COMMISSION July 19, 1977 - 7:30 P.M. Page 3 Herman Porter Sharon Zumwalt, NPO 3 member Lavern McKay Bob Doctor Dean Schmitz Al Hammes Georgia Reed D. Commission Discussion: Sakata moved and Wood seconded for approval based on staff findings and with the six staff recommendations. The motion passed by unanimous voice vote. 5.2 ZC 27-77 (Stoneridge) A request by Stoneridge Development Company for preliminary plan and program review of a two phase :project on S.W. Gaarde and S.W. Pacific Highway: Phase I to consist of 66 multi-family units and ten duplex units on a 8.8 acre par- eel; Phase II to consist of commercial and commercial-pro- fessional uses on a 3.34 acre parcel . (Wash. Co. Tax Map 2S1 3DD, Lots 800, 900, 1100, 801, 1400, 1500 and Wash. Co. Tax Map 2S1 10A, Tax Lots 700 and 800) A. Staff Report: Read by Laws B. Applicant 's Presentation: o George Schenck, realtor, outlined the planned de- velopment conformance with the NPO 3 plan. o Joe Van Lom, architect, outlined the preliminary plan and stated the reason why apartments should be substituted for professional office space, and -the purpose for the spine road. o Discussion on parking and open space. C. Public Testimony: In favor: