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Ordinance No. 78-80 CITY OF TIGARD, OREGON ORDINANCE NO. 78- AN ORDINANCE AMENDING ORDINANCE NO. 7$-67, ADOPTED ON OCTOBER 25, 1978 WITH RESPECT TO AN APPLICATION BY WEDGEWOOD HOMES, INC. FOR AN AMEND- MENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND LOCATED AT THE CORNER OF S.W. 135th & WALNUT STREETS AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 33D AS TAX LOT 500, FROM WASHINGTON COUNTY "RS-1" TO CITY OF TIGARD "R-7PD" SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT; AND HEREBY AMENDING CONDITIONS #2 AND #3 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 R-7PD and further finding that pursuant to prescribed procedures, the above-stated amended application for a zoning map amendment was heard in a public hearing held by the Tigard City Council on November 6, 1978, and all Interested persons were there and then afforded an opportunity to be heard, and thereafter the City Council filed its report and recommended approval with the City Recorder, a copy therefore hereto attached and by reference made a part thereof, the Council adopts the following substantive findings: A. That the applicant is in conformance with the Urban Low Density Residential designation of the NPO #7 Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicant's amended request for an amendment of the Tigard Zoning Map of 1970 to zone those lands described in the attached Exhibit "A" for Single Family Residential Planned Development (R-7 PD) use is hereby approved subject to the provisions of Chapter 18 .56 (Planned Development District) 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: 1. An agreement and bond assuring full faithful performance shall be executed and submitted to the City for approval prior to recording of the final plat: ORDINANCE NO. 78- ZC_5-77 (PD) i 2. That construction and site drainage plans be submitted for approval by the City Engineer and Building Depart- ments prior to issuance of permits. 3. `that the forty foot right-of-way road access between the two properties be public with 34 feet paving, having the standard utility strip, five foot sidewalks, street lights, and curbs on easement of each lot as necessary. 4. That the final plan and program be submitted and approved by the Site Design Review Board prior to implementation. SECTION 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval by the Mayor. PASSED: By rrr; ;r,r�r �rt� — vote of all Council members present this • k_ day of - � �'`"� 1978, after being read two times by number and title only. i Recorder. - City f Tigard APPROVED: By the Mayor, this .-q 7 day1978.. of r.�� i9 ! 6_ A7 Mayor - City of Tigarde Pages 2 ORDINANCE NO. 78- , ZC 5-77 (PD) EXHIBIT A The "Property" consists cf 111 of `olio:::. dostribed real property located in G•,ashington Co ', , Oreao. T:;e O a Quarter of .:ort:._ast One Quarter of Section Four (4) South of Range One (1) gest of t".=- :,i1lamet= Meridian; also that cart of the Sc'.:th.:est One Quarter of Northeast One Quarter of Section Four (4) , Township Two (2) , South of Range One (1) West of Willamette Meridian lying immediate North and East of Count% road No. 934 which traverses said Sout: :est One Quarter of the ::ortheast One Quarter of said Section Four (4) Township Two (2) , South of Range One (1) West of Willamette Meridian from the Northwest corner to the Southeast thereof (Tax Lot 500) ; and Lot 8, i%SH VALLEY as shown by the duly recorded maps and plats thereof on file in the office of the County Recorder of Washington County, Oregon (Tax Lot 700) ; EXCEPTING THEREFRO_i, HOj•+EVER, a portion thereof consisting of a tract of land, on which three residential houses are presently located, together with related outbuildings, the westerly boundary of which tract is coincident with the centerline of S.W. 135th Avenue and is approximately 400 feet in length, and the easterly boundary of which is parallel to and approximately 300 feet easterly from said westerly boundary and of approximately the same di=-ance1.' Tre exact boundaries of said tract s^all be located and fixed by agreement of the partial, < in cooperation with the land surve`-or engaged by Grantee as provided in paragraph 6. 2 of =^is option, to the end of legally describing said tract in such a manner as will permit Grantor, in the event this option is exercised, to retain land of sufficient size and configuration for the continued use of the said residential houses, and outbuildings in a convenient manner and in compliance with applicable la-.- s, ordinances and codes relat-r_g to such matters as building setback and septic tan}; drainfield requirements. Page 1 of 1 page - EXHIBIT A to OPTIO_ti TO PURCK__S? REAL PROPERTY 4 .. 4 STAFF REPORT ( `., l ',(� L,4 is N ' AGENDA 5. 3 TIGARD PLANNING COMMISSION September 19, 1978 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut St. - Tigard, Oregon Docket: Zone Change ZC 5-77 Request: A request for a general plan and program review for a Planned Unit Development of 281 units and a zone snap amendment from Washington County RS-1 to City R--7 Planned Development on a 68. 31 acre site. Location: Corner of S.W. 135th & Walnut Streets (Wash. Co. Tax ¢. Map 1S1 33D, Tax Lot 700; 2S1 4A, Tax Lot 500) . Applicant: Wedgewood Homes, Inc. I. Findings of Fact: 1. Wedgewood Homes preliminary plan and program was approved on April 18, 1978. The Planned Development is presented again tonight in public hearing for general plan and program approval with the following conditions having becn met: (1) A half street improvement to county collector standards (44 ` pavement 8 .foot sidewalks be provided along the 135th street frontage) . (2) A half street improvement to county collector stant_�ards (40 feet pavement 8 foot sidawalk or an equivalent improvement per Washington County Public Works Depart- ment) approval be provided along the Walnut Street frontage. (3) A landscape architect (with acceptable expertise) be included on the design team for the planned develop- ' Ment. (4) A detailed landscape plan be submitted paying particular attention to drainage areas, -the buffer on S.W. 135th and S.W. Walnut, street trees, sidewalk locations and landscape islands within the cul-de-sac streets. (5) The street tree and sidewalk plan for S.W. 130th be coordinated with the Summer Lake Planned Development. (6) The units along S.W. 135th and Walnut Streets be' aftoc ed . a minimum 12 feet front yard setback for the house and 20 feet yard setback for the garages. (7) The applicant work with staff to enlarge the width of the buffer strip wherever possible. (8) An 8 foot wide asphalt pedestrian P P path be provided through the "greenway" u STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION September 19, 1978 •- 7: 30 P.M. Page 2 (9) The number of attached single family units, approximate lot areas and proposed setbacks and access points be Kr shown. (10) That Phase iI be subject to Planning Commission review. 2. The site is designated "Urban Low Density Residential" on the Tigard Community Plan, 1971, and on the NPO #7 Draft Flan Map and the Framework Plan (for the area bounded by S.W. Scholls Ferry Road, - 135th, Walnut Street and 121st Street) as Urban Low Density with the southeast corner of the parcel designated as Urban Medium Density. 3. The applicant site plan shows a total of 281 units which is within the allowable niuitber per gross acre for planned developments; 84 attached, 24 multiplex, and 173 single family. II. Conclusionary Findings: s 1. The site slopes gently from south to north with an elevation of 290 feet MSL at Walnut Street along the southern property line, dropping to 210 feet MSL at the north property line. A natural drainage swale traverses the eastern portion of the site in a northeast/southwest direction. The applicant is proposing to retain this area as a "recreation tract." The property is currently in agricultural production (berry field) . 2. The parcel is surrounded by single family development to the east and south, proposed "Summer Lake" planned develop- ment to the north and essentially undeveloped parcels to the west and across S.W. 135th Street. 3. The site plan indicates the location of 24 "multiplex" units in the southeast corner of the parcel which is in accordance with the 1977 Framework Plan and NPO #7 Draft Plan. Single family attached units are to be located along the east property line about in the center of the parcel. ' 4. Applicable policies from the Tigard.-Housing Plan: Policy 12 - "Revise lot size requirements to allow smaller lot sizes in designated areas. " Policy 15 "Provide greater diversity of housing density (e.g. , duplexes, 4-plex, attached single family units, etc. ) " �� C STAFF REPORT AGENDA 5. 3 TIGARD PLAINNING CWUMISSION September 19, 1978 -- 7:30 P.M. Page 3 Policy 16 "Provide for a diversity of housing type t in large residential planned unit develop- ments which offer the opportunity to plan for their compatible placement." 5. The Beaverton School, District states that student space will be provided although some schools in the area are at reaching capacity. i 6. The Beaverton School District uses six (6) pupil yield per single family dwelling unit (K-12) and three (3) Pupil yield per multi-family dwelling unit. Bussing 1 students may be necessary as an option. 7. Washington County Fire District No. 1 has reviewed the t` ro nSar3 development and have four, that "the project �... is compatible with their standards relating to fire apparatus access." (Their letter is attached) . ' 8. The applicant is proposing to provide approximately 6.15 acres (9a of the total land area) for recreation and open space purposes. This area is to be maintained by a homeowners association. waif Recorti mendatic.s: i Staff recommends approval based on the compliance of the presented general plan and the following conditions: -., i 1. An agreement and bond assuring full faithful performance shall be executed and submitted to the City for approval prior to recording of the final plat. t, 2. A site drainage plan must be submitted and approved by the building department prior to issuance of a building permit. 3. That the developer will phase his construction as approved by all the utility companies prior to construction. 4. Construction and building plans shall be submitted to the police and fire department jurisdictions for approval prior to construction. 5. That the developer execute an agreement of dedication with the appropriate fire and f polzCE departments for emergency easement access to align with applicant's project and�the f Bellwood Park Project; to be constructed with full fimprovements by applicant as directed. tots_ I �h9 ZONE CHANGE 5-77 cu: u, 651 330 a [� g.: 9O0 i Ll S�.G t gC(=zs i ! i 4 • � SUBJECT �J 7 1 ` ' K SITE `� l DIM ------------ STPEET Ll wl -� Y-•-- - �--� v a5?is �� . , �' nuNli 17850 S.W.Blanton St. Aloha.Oregon 97005 - �° F _ 503/649-8577 , V. February 27, 1978 Mr. John- Laws, Associate Planner City:of Tigard' P. 0. Box. 23397 - ti 97223 Tigard, Oregon . . .:• Dear Mr. Laws. ati. G J Re: Bridge Hill Program S_ W. 135th and Walnut Streets In response to your letter of February 23, 1978, we have reviewed the Bridge Hill Program in conjunction with examining the proposed site plan and as a result find that the layout of the project is compatible with our standards relating to fire aparatus access. One other primary concern which we have is the provision for fire fighting water supplies. Fire Code regulations reiatinq to the'saine subject matter -> in a project such as-this where multi-family residences are mingled with ' - single'fami-ly dwellings prescribe the placement of fire-hydrants at: 500 l; foot intervals with minimum water, flow requirements ranging between :1,500 ;- and 3,500 gallons per minute at. a minimum residual pressure of 20 psi a based upon building floor- area � That in is, in smail multiple residence buildings- of -less than 5,000 square . as ,. feet the minimum fire flow requirement is 1,500 gallons per minute. On . the other hand, where multiple. residence buildingsexceed 20,000 square j - — ; .Y ..s if.-y4Y 3 .•r'Y •rG.' T aq'a.ar 1 y t, 71P 1r �4 .r Iq Fire prevermon does not cost...it pays- ER .t ,........._ ..:..�.....a.....-...rte.-.._�......,.....-a..:.:..._.._,.....,:..-r _:.�...�..»_ _ ..:_:.�_.....� -... - - MIT, Nr vt:Mr John Lars �� M • 'February 27, 1978 Page. 2::, r ! l f "? feet the mini mum•-fire-fl`oW' of 3.500 ,gal Ions ger minute i s-required.-'..In red. .. individual .. - :.fire. flow. requirements for--each building in the:site grill be determined at-the. , x time the construction-plans are examined ;: Very truly yours, .nt nni U.N. _:-c - rr an � _ :�lASyI+rGT„« CO., TY FIRE �JISTRICT �!„ I D. E. McEvoy, ire Ma rrsha b cc.- Gi nther/Sea .+`r.w „r " pk t 4 5" -x +' h : '. F •^ ' 'Sra.-fiaC{s� t+ 'LG9'ia!i. w - A. t .a -r.• gekr,.,. _ V, in `• t '°`rte -.,. LLisa, " r - � as °C h��tiF - WSI ,, • k t . - i 1 i::rRlS .Nim k 6 .I.I "�,-(•�{� MINUTES TIGARD PLANNING COMMISSION September 19, 1978 - 7:30 P.M. Page 3 ' o Brian moved for approval with staff recommendation #1. o Corliss seconded the motion. Motion carried unanimously. 3 Zone Change ZC 5-77 (Wedgewood) ."IPO n7 A request by Wedgewood Homes for a general plan and program review for a Planned Unit Development, of 98 units and a zone map amendment from Washington County RS-1 to City R-7 Planned Development on a 68.31 acre site: at the corner of S.W. 135th & Walnut Streets (Wash. Co. Tax Maps 1S1 33D, Tax Lot 700; 2S1 4A, Tax Lot 500) . A. Staff Report: Read by Selby B. Applicant's Presentation: Gene Ginther, Engineer for project stated that 280 units were proposed. He accepted the findings in the staff report. Stated that he wanted a public easement between the Wedgwood & Bellwood - not a dedicated street. Staff stated access would be denied. Wood asked what- is allowable density? Staff stated that with a total of 68.31 acres, 273.25 units were allowable plus an additional 10o for a planned develop- ment to give a total of 335 units. Wood asked about the open space and recreation areas. JohnKlinewith Wedgewood explained the recreation areas. Wood thought that the recreation area had been reduced in size. Corliss asked if landscape tracts would be maintained by the homeowners and asked about the play areas. Wanted a description of the townhouses. . Nancy Chase stated play areas would be in cul-de-sac islands and would be handled in Site Design Review. John Kline described the townhouses. E Wood questioned the narrow streets. C. Public Testimony: MINUTES TIGARD PLANNING Clu•JSSION September 14, 1978 - 7:30 P.M. Page 4 . Proponent's: Charles VanKipple - objected to the increase in density. Stated that the Beaverton School District was at capacity. Thought that the traffic impact would be too great. Victor Kazinsky - Saw no benefits to the community from the proposed development. Did not think that the play areas for children were adequate. Asked about the storm water system. Val Helm - Requested in CPO #4 that the Suburban character be preserved. Henderson asked for a traffic study on Walnut. D. Staff Recommendations: Staff recommends approval with five conditions as written plus two additional conditions: 1. An agreement and bond assuring full faithful performance shall be executed and submitted to the City for approval prior to recording of the final plat. 2. A site drainage plan must be submitted and approved by the building department prior to issuance of a building permit. 3. That the developer will phase his construction as approved by all the utility companies 'p'rior to construction. 4. Construction and building plans shall be submitted to the police and fire department jurisdictions for approval prior to construction_ 5. That the developer execute an agreement of dedication with the appropriate fire and police departments for emergency easement access to align with applicant's project and the Bellwood Park Project; to be constructed with full , improvements by applicant as directed. 6. That the shown private streets be dedicated public streets. 7. That all streets meet street city standards as to width.. Wood thought that applicant has too many dwellings on under-sized lots. Ginther objected to the two additional conditions in the staff recommendation concerning streets. Dennis Grimes was concerned with the increased density and traffic. Asked about the through street dedication. MINUTES TIGARD PLANNING COiLSSiON September 19, 1978 - 7:30 P.M. Page 5 Tom Henderson wanted to see a copy of plans. Shelly Adams stated that the traffic was terrible. Marilyn Berlur was concerned with the roads and traffic. Ginther thought street design was safe. Stated that- Phase hatPhase I would only add three (3) students per grade to schools. Stated they (developers) would provide improve- ment on 135th and Walnut. Smith asked if there would be parking restrictions on the narrow streets. Kline stated that they were trying to provide a variety of housing and maintain the character of the neighborhood, quiet streets, etc. Corliss asked for a description of the townhouse units. Cross-Examination: Kazinsky stated that there would be a change of character in the neighborhood. Children would be bussed and the schools overcrowded. Wanted to maintain school quality. Dennis Grimes wanted information on S.W. 135th expansion and the price range of the proposed homes. Charles VanSicle - did not see applicant backing up testimony with facts. Tom Henderson wanted to know the size of the air space between units. Shelley Adamas wanted to know if Walnut & 135th were going to be enlarged and was Scholls Ferry at capacity? Glenn Paddock though Walnut needed improvement. Dick Lory'concurred with Paddock. Marilyn Beckman asked what the right-of-way on Walnut and 135th was? De Mar Bachelor, attorney for applicant, spoke on the school impact and coordination between districts, developers and residents. Nancy Chase stated that Wedgewood had gotten extensive attention on both sides in regard to traffic density, etc. MINUTES TIGARD PLANNING COMMISSION September 19, 1978 - 7;30 P.M. Page 6 t p • S f Staff reads conditions as stated before (1-7) . Brian asked that the following additional conditions of the preliminary plan be read into the record. 11. That construction abutting 129th & 200th north of Walnut Street be limited to sinqle family attached or detached units. 12. The overall density of the project be more closely brought in compliance with the underlying R-7 zone. 13. The applicant must s'--za justification for higher density than R-7 zones^'• Put in no use higher than 300 units. 14. That the reduction in the multiplex density be used to expand the open space area within the development of both active and passive recreation. 15. That storm water detention be designed to 150% of the 100 year flood levels_ F Selby stated that he thought the five (5) additional conditions of the preliminar plan approval had been met. Wood questioned compliance with-condition 14. Tepedino thought the open space had been reduced. John Kline representing the applicant disagreed t t Bo Commission Discussion & Action: c Smith stated that if the private streets are eliminated j from the development the concept of a planned develop- ment would be destroyed. y o Smith moved for approval with staff recommendations 1, 2 & 5. . f Speaker seconded the motion. � E { o Wood stated that there were community concern. t o Corliss wanted to add a condition for more open space access and wanted the documents concerning the maintenance { of the open space area and the homeowner's agreement checked with the City Attorney and copies submitted to the City. r; C MINUTES TIGARD PLANNING COMM::SgION September 19, 1978 - 7:30 P.M. Page 7 E. Commission Discussion & Action: o Speaker asked if the commission could legally deny development until a bad traffic situation was remedied and a school bonding problem was solved. 1 o Corliss asked to modify the motion and/or add the 4. condition that the plans_ be submitted to the site design review board prior . to issuance of a building permit. I o Smith moved & Speaker seconded. Agreed to amend the motic,n adding the condition that the plans be submitted to site design review. t Motion carries 5-3. j Recess 10:45 P.M. - 11:05 P.M. S 5.4 Miscellaneous (ZC 10-77 Yolo Estates) NPO #3 A request by the City of Tigard for review of the Yolo Estates Planned Development, between S.W. Pathfinder Way & I` S.W. Walnut Street approved in 1977 for a 15 unit Single Family Residential Planned Development (Wash. Co. Tax Map E 2S1 2BC, Tax Lot 1900) . A. Staff Report: Read by Selby B. Applicant's Presentation: Doug Pollock stated that "adequate construction and/or development" had taker. place. Admitted that adequate construction had not taken place but that adequate develop ment. had been done. Stated had been unable to do on site t ; construction due to delays in City and County processing and approvals. C. Public Testimony: E� Opponent 's: Reese Marzenick stated that there was some question as to whether or not the project was buildable under today's standards for flood plain areas. Thought that hydrological testing was warranted. Asked why a twenty foot:- roadway # was acceptable in lieu of a 34 footroadway? .Asked if ; easement. rights for sewer hookups had been granted? Wanted to know why easements for the property owners on the west side were not included. Wondered if conditions for approval had been met.