Ordinance No. 78-66 CITY OF TIGARD, OREGON
ORDINANCE NO.. 78- _L&
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR.
MICHAEL ELTON & VICTOR LUND FOR AN AMENDMENT TO THE 1970 ZONING MAP
OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND
AT SOUTHWEST CORNER OF DURHAM .ROAD & S.W. 108TH AND DEPICTED ON
WASHINGTON COUNTY TAX MAI' 2S1 15A AS TAX LOT 1500 , PROM WASHINGTON
COUNTY "RS 1" TO CITY OF TIGARD "R-7" SINGLE FAMILY RESIDENTIAL AND
ADOPTING EXHIBITS "A" , "B" , & "C" , GRANTING THE APPLICATION AND FIXING
AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
"RS 1" .and further finding that pursuant to prescribed procedures, the
above-stated application for a zoning map amendment was heard in a
public hearing held by the Tigard Planning Commission on September 5,
1978, and all interested persons were there and then afforded an
opportunity to be heard, and thereafter the Planning Commisssion filed
its report and recommended approval with the City Recorder, a copy
therefore hereto attached and by reference made a part hereof, the
Council adopts the following substantive findings:
A. That the applicant is in conformance with the Urban Low
Density Residential designation of the NPO #6 Pian, and
B. That the proposed zoning is compatible with the surrounding
neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of
Tigard Municipal Code, the applicant's request for an amend-
ment oftheTigard Zoning Map of 1970 to zone those lands described in
the attached Exhibit "A" for Single Family Residential (R-7) use is
hereby approved, subject to the provisions of Chapter 18.20 (Single
Family Residential Zones) of the Tigard Municipal Code so embodied in
or exhibited by the documents submitted and identified as follows:
Exhibit "A": - Legal Description
Exhibit "B": - Staff Report
Exhibit "C" : �- Site Plan
And further subject to the following conditions: g
1. That 25 feet of right-of-way along S.W. Durham Road
be dedicated to the City and the applicant file an
agreement toparticipatein the improvement of S.W.
Durham Road.
2. Than five (5) feet of right-of-way along S.W. 108th
be dedicated to the City and a half street improve-
ment be provided along S.W. 108th to the City of Tigard
Standards before a building permit is issued for the lot.
ORDINANCE 'No. '78-
ZC 16--78
e. „
3. That the developer receive approval from the City
Engineer prior to construction, and especially
in regard to building on natural drainageway and
grade.
4. All utilities be subsurface installations.
SECTION 3: This ordinance shall be effective on and after the 31st
Mayor. day after its passage by the Council and approval by the
PASSED: Byy1� s vote of all Council members present
this day of 6-C-I'bvk. , 1978, after being
read two times by number and title only.
Recorder - City Tigard
APPROVED: By the Mayor, this day of Q� 1978.
Mayor 7Z City of Tigard
PAGE 2
ORDINANCE No. 78-- -_
ZC 16-7$
DESCRIPTION SHEET
See page I fot vesting and encumbrances,if any.
Description of the tract of land which is the subiect of this report:
The East one-half of Lot 26, WILLOW BROOK FARM. �?ashington
County, Oregon.
ALSO, beginning at the Northeast corner of the West one-half
of said Lot 26, froxa which an iron pipe is set20feet South;
thence South 89® 521 'Fest 215.45 feet; thence South parallel
with the Eastern boundary of said I-Test one-half tat 20 fact an irov,
pipe is set at roadside) 377.2 feet to an iron pipe on South
boundary of said lot; thence East 225.45 feet to the Southeast
corner of said gest one-half of Lot; thence Horth 377.45
feet to the point of beginning. EXCEPTING the South
100 feet of the East half of said Lot.----------
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Report No.
34-A-88015
STAFF REi_ff
AGENDA 5 .3
TIGARD PLANNING COMMISSION
September 5, 1: 78
Fow!Rr Junior High - Lecture Room
10865 S .W. Walnut St . - Tigard, Oregon
Docket : 'Zone Charge ZC 16-78 (Wedge�-rood Retirement Center)
Request : A request for a zone map amendment from RS-1 Washington
County to City of Tigard R-7 "Single Family Residential".
Location : Southwest corner of Durham Road and S .W. 108th (Wash.
Co. Tax ,flap 2S1 15A, Tax Lot 1500) .
Applicant : Michael D. Elton and Victor L. Lund
I . Findings of Fact :
1. The site is a recently annexed 2.8 acre parcel currently
zoned RS-1 "Washington County Suburban Residential".
2. The proposed zoning is in conformance with the NPO #6
Plan designation of Urban Low Density.
3. There exists a public need to assign city zoning to
annexed parcels.
4. The site has a gently slopeaway from the road to the
south as well as a small creek through the center of
a the property. The banks for the creek are relatively
steep 15%-25% grade and there are a number of large
trees on the gully.
5. The surrounding land uses are Summerfield Development
to the north, non-conforming mobile homes to the west,
property to the east and south is farm and single family.
Acros; Durham Road to the southeast are condominiums,
to the northwest are rental apartments, to the north
lies the Summerfield golf course and clubhouse.
6. The site is served by an 8 inch pressure line and the
Summerfield pump station bath of which are adequate for
the proposed development.
7. {Yater is supplied by an 8 inch Tigard Water District
line along S. V. 108th and a 12 inch line on S.W. Durham
Road to the east of S.W. 108th.
8. Southwest Durham Road is designated a residential arterial,
road in 'the NPO #6 plan, with a necessary right-of--way
90 feet. The purpose of an arterial street in NFO r6
Plan is as rollows:
"To carry high volume traffic flow and to connect maior
traffic generating areas such as residential neighborhoods,
commercial centers, industrial areas and nearby
communities"
1.
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
September 5, 1978
Page 2
Southwest 108th Street is designated a local street in
the NPO #E Plan .
II. Conclusionary Findings:
1. The right-of-way along S.W. Durham Road and S.W. 108th
Street is inadequate. Twenty-five additional feet are
needed along S.W. 108th to bring the right-of-way width
up to standards.
2. Southwest Durham Road and 108th are in substandard
condition with no sidewalks or curbs.
III. Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That 25 feet of right-of-way along S.W. Durham Road be
dedicated to the City and the applicant file an
agreement to participate in the improvement of S.l';.
Durham Road.
2. That five feet of right-of-way along S.W. '108th be
dedicated to the City and a half .street improvement be
provided along S.W. 108th to the City of Tigard Standards
before a building permit is issued for the lot.
3. That the developer receive approval from the City
Engineer prior to construction, and especially in regard
to building on a natural drainageway and grade.
4. All utilities shall be subsurface installations.
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MItJCTES
TIGARD PLANNING CO LMISSION
September 5, 1978
Page 5
Selby stated that the applicant meet code requirements
and that any additional units would have an impact on
traffic but it was not the responsibility of one
particular development.
Corliss moved, to approve the reyucSt 'S submitted with
the conditions as stated by staff with the exception
that staff condition #6 be reworded as agreed and that
staff condition #5 be submitted to site design review.
Speaker seconded the motion.
Quimby recommends that staff condition 475 be submitted
to the site design review board (motion modified) .
First vote four in favor, 2 abstain, 2 against.
Second vote five in favor, Rossman abtains, Brian and
Smith opposed.
Motion passes unanimously.
5. 3 ZONE CHANGE ZC 16-78 (Wedgewood Retirement Center) NPO #6
A request by Mike Elton and Victor L. Lund for a zone map
amendment from RS-1 Washington County to City of Tigard R-7
"Single Family Residential" zone for x .2 .83 acre parcel at southwest
corner of Durham Road & S.W. 108th (Wash. Co. Tax Map 2S1 15A,
Tax Lot 1500) .
A. Staff Report:
Read by Selby
B. Applicant' s Presentation:
Ken Cole, Architect for project, presented proposal. The
first phase would be 80 units, two stories with basement.
The second phase would be an intermediate care facility of
90 beds or 45 units. The buildings would lie on either
side of the stream. The stream area would be made into ponds
with landscaping and pathways. He stated that few of the
of the occupants would drive and that the majority were not
active members of the community.
C. Public Testimony:
Ms. Arlanskas objected to the increased traffic, density, and
the two story building and asked about greenway. Felt that
Tigard has supplied enough facilities for the aged through
Summerfield and King City. Submitted letters of objection
that sited the disrupption of the creek, and increased traffic
as reasons for denial.
MINUTES
TIGARD PLANNING COINIMISSION
September 5, 1978
Page 6
Other persons spoke addressing the same problems as sited
above.
Resident 's complaints were addressed to the conditional
use permit not the zone change.
Tepedino stated that testimony for both requests would be
accepted in the interest of saving time.
Residents expressed concern with the safety of the
intersection of 108th and Durham Road, especially as a
bus stop for their children. j
Ms. Arlanskas stated parking was inadequate for the develop-
ment and that the sewer was inadequate.
D. Staff Recommendation: 1
F
Staff recommends approval subject to the following
conditions:
I
1. That 25 feet of right-of-way along S.W. Durham Road be
dedicated to the City and the applicant file an
agreement to participate in the improvement of S.W.
Durham Road. 4
2. That five feet of right of way along S.W. 108th be
dedicated to the City and a half street improvement i
be provided along S.W. 108th to the City of Tigard
Standards before a building permit is issued for the
lot.
' 3. That the developer receive approval from the City Engineer
prior to construction, and especially in regard to
building on natural drainageway and grade.
4. All utilities be subsurface installations. �I
E. Commission Discussion:
Brian moves for approval with the staff findings and
conditions.
Speaker seconded the motion.
Motion carries. Rossman against.
5.4 CONDITIONAL USE CU 18-78 (Wedgewood Retirement Center) NPO tt6 I:
A request by Mike Elton & Victor. L. Lund for a conditional
use permit to construct an 80 unit retirement center in a R-7
"Single Family Residential"zone on a 2.83 acre parcel at
southwest corner of Durham Road & S.W. 108th (Wash. Co. Tax Map
2S1 15A, Tax Lot 1500) .
INTRODUCTION
The package described herein consists of approximately three acres
of land located adjacent to the Summerfield Condominiums and Apartments,
and bordering on Durham Road. The development will include (approxi-
mately) an 80 unit retirement center, a 90-bed intermediate care fac-
ility, and will screen the older mobile homes immediately west. An
intermediate care facility is a nursing home with light nursing care.
This development would meet the needs of senior citizens who no longer
choose to live alone, until such a time as extensive nursing care would
be necessary.
Services include expert nursing care, well planned meals provided
in a central diningroom, maid service, social and recreational activities.
1. Characteristics of various areas:
A. Physiological.
The subject property has a gentle slope away from the road to
the south, as well as a small creek through the center of the
property that will environmentally relate t3 the view from the
subject improvements. This property lends itself very well
for good drainage and for accessibility.
B. Sociological.
This type of development is ideally suited to this location
because of the residential aspect. Friends and relatives of
residents of the community will reside at this location,
either in the retirement facility or the intermediate care
facility.
With past experience in developing these type facilities, we
are aware of the fact that there is a potential need in every
community. Over a period of time, as people become aware of a
service provided, they realize how well this Ms the needs of
senior citizens.
Located near schools (1/2 mile from Tigard High School) it
will also lend .'itself as a source of educational outlet for
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some of the students. Proximity to churches and golf course
will also provide for community involvement and recreational
activity (spectator or participant), depending on age and
physical ability.
2. Suitability of areas for particular land uses and improvements.
Because of the slope of the land and the proximity to the creek
this property is ideal for this type of development, providing
several aesthetic amenities (trees, creek and view of golf course
and clubhouse) .
3. Land uses and improvements in the area.
Property to the north is Summerfield Condominiums. To the west are
older, non—conforming mobile homes (see attached photos). Property
east and south is farm and single family. Straight across Durham
Road to ,the northeast are condominiums. Directly northwest across
Durham Road are new rental apartments. Across Durham Road, being
northerly of the property, is the Summerfield golf course and
clubhouse. East of the property, along Durham Road, approximately
1/2 mile is the Tigard High School. Therefore, it is compatible
with the area development (see attached Petition of Neighborhood
Residents).
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4. Trends in Land Improvement.
It is a fact that the area is rapidly growing in all respects. See
Pn s;;s report. Our Pedgewood Downs opened in December and is
approaching 100% occupancy. The Kamlu-Beaverton has a waiting
list.
5. The density of development in the area.
Already answered in #3.
6. The property values.
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It has been our experience in the past, where we have developed a
;
residential care facility and also a first-rate convalescent
center, that the property in the surrounding area has increased in
;
value.
7. The needs of economic enterprises.
This land is near to industrial area and shopping centers, such as
Washington Square. It is an ideal location for a retirement center
or residential care facility, in that senior citizens can keep
active and feel a part of the community by living close to activities
such as shopping, recreation, and schools, etc.
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8. Needed access.
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Roads are adequate for the p ^nosed deVelupMent. There are nc"
sidewalks at present. We propose access to the property in front
of the facility with ingress and egress also along S.W. 108th
available from the property without creating a hazard.
9. Natural resources
Not applicable. This would in no way affect natural resources or
impede the natural flow of the creek.
10. Public needs for healthful safe aesthetic surrounding and
conditions.
The architecture of the buildings and the landscaping will lend
themselves to a natural setting in the trees admist sprawling lawns, {
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pond and flowing creek. Our plans show a considerable amount of
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open space which would be adequate for the size of the development
under consideration, with view of the golf course and clubhouse in
response to the desire and need of the Senior Citizen community of
the Summerfield residents in the City of Tigard.
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