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Ordinance No. 80-55 a CITY OF TIGARD, OREGON ORDINANCE NO. 80- !J�' AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. (Alpha Properties/Dakota Court) PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map lSl 34DA, Tax Lot 100, Project Address 10485 SW North Dakota Street, File Numbers ZCPD 8-80 /CU 8-80 /V 5-80, Present Zoning Designation Washington County RU-4, Zone changed to R-7PD "Single Family Residential Planrsd Development District", Applicant Alpha Properties. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as Washington County RU-4, and further findings that pursuant to procedures, the abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on May 20, 1980. All interested persons were afforded an opportunity to be heard at this public hearing and thereafter the Planning Commission filed its report with the City Recorder, a copy hereto attached and by reference made a part of. The Council adopts the following substantive findings: A. That this application is in conformance with the R-7 "Single Family Residential Planned Development District" designation on the NPO #7 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. Exhibit "A": - Legal Description, Exhibit "B": - Tax. Map, Exhibit "C": Staff Report And further subject to the following conditions: ORDINANCE NO. ZCPD 8-80/CU 8-80/V 5-80 1. That the applicant retain those portions of the site in private ownership which include the private walkways in the floodplain, so that the "buildable portion" includes at least 2.63 acres as required for twenty-two (22) units. f i 2. That the applicant construct the Bikeway from North Dakota Street to the north/south property line between the Metzger Site and subject site to the satisfaction of the Public Works Director after approval of Site , Design Review for the entire site by the Planning Director. 3. That applicant dedicate ten (10') feet of right-of-way on North Dakota Street, and construct half-street improvements to the entire North Dakota Street frontage to collector standards, as far as the Fanno Creek Bridge ` to the approval of the Public Works Director prior to the issuance of , Building Permits; plus.. . . 4. ....That applicant secure permission from the Unified Sewerage Agency and Tigard Water District for connection to their lines, prior to issuance of Building Permits. 5. That applicant provide paved five (51) foot wide private walkways within the Planned Development. `' 6. That applicant provide a fire hydrant within the development according to the standards of Washington County Fire District #1. . 7. That applicant submit a storm drainage, sanitary sewer, and water line plan to the Public Works Department for approval prior to the issuance of a Building Permit. 8. That applicant complete the project within one (1) year of approval. 9. That applicant do one of the following regarding the north parking area: t A) Re-design the parking area to stay out of the floodplain; or B) Apply for a Sensitive Lands Permit; or C) Study the feasibility of flood relief via culverts or a flood relief channel in consultation with the public Works Director, and if feasible and effective, construct relief improvements to the approval of the Public Works Director. 20. NoOccupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 11. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. .N 2. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. C ORDINANCE NO. ZCPD 8-80/CU 8-80/V 5-80 Page 2 . { 13. Improvements may be bonded prior to issuance of Building Permits. 14. Provide four (4) more parking spaces in the development at Site Design Review. SECTION 3: This ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: B ' vote of all Council members resent this Y �.yt r v1 i r,-��,. � p �3�.._--_ day of 1980, after being read two times by number and title only. Recorder - City of Tigard APPROVED: By the Mayor this - `L day of ,�1, 1980. s Mayor - C t o Tigard ORDINANCE 80- ZCPD 8--80/CU 8-80/V 5--80 Page' 3 APPENDIX "A" PROPOSAL NO. 1517 ANNEXATION CITY OF TIGARD Commencing at .the Southeast corner of the northeast quarter of Section 34, TIS R1W of W.M. 'running thence West 110. 2 feet along the South line of said northeast quarter of Section 34 , thence south 3 33' west 5'33,1 feet to the center of the county road; thence east along the center line of said county road to the center of Fanno Creek; thence up ' the center of said Creek in a northwesterly direction to its intersection with the east line of said Section 34 , thence south along the east line of Section 34 .to the place of beginning containing 6 acres , more or less ; in the County of Washington and State of Oregon. i I � Wage 3 - FINAL ORDE;j k ( { ( ZC PP r Answers to Questions on Zone Change Application cOG 1 . Nature of the proposal and the reason for requesting the particular action. The applicant is requesting an unzoned parcel to be zoned to Tigard R-7-R.O. with conditional use permit for single family attached dwellings. This parcel was recently annexed to the City (Portland, Metropoiitan area Local Government Boundary Commission Final Order X1517). The Washington County Frame- work plan also designated this as urban. 2. How the proposed use is in conformance with Tigard's Adopted Comprehensive Plan. The city plan designates the portion of the property within the flood plain as Greenway Park and the remainder as low density residential . This proposal is supported by the following Policies of the Tigard Comprehens-;ve Plan: POLICY 3. Development will conicide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development and (b) designed to meet city or county standards. I E ( Adequate facilities exist to handle this proposal as is pointed out in other sections of this application. POLICY 4. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. POLICY 8. When developments are proposed in the urban low-density area for sites which include identified natural features worthy of preservation, the planned development concept shall be utilized if the Planning Commission determines it the.best method for preservation. The P.U.D. approval gives the flexability to create a superior living environment by creating additional open space for pans. 3. Community need and/or public benefit derived from the proposed action. This proposal would provide units not found in great numbers. The adopted housing plan-problem area 71 policy 2 states: The community shall promote and encourage a diversity of housing densities and residential types that are available at various prices and rents to households of all incomes, age, sex, race and living patterns. Such housing should include, but not be limited to ( single family residences, duplexes, apartments, mobile homes, condominiums and town houses, 1 ,f 3. (Continued) This proposal would provide duplex units that would be rented. Projected rents would be approximately $375. - 3400. This type of development can provide alternatives for people who cannot afford to purchase a single family home due to high initial cost and high mortgage rates. At the present time the average selling price for a single family detached home is approximately $70,OOQ. with 141J interest rates. An income of $34,128 is needed to qualify for a $60,000. mortgage. The adopted housing plan problem area n4 policy 15 states: Provide greater diversity of housing density (eg. , duplex, 4-plex attached single-family units etc.) The plan states that existing vacancy rates and projection trends indicate a need to provide additional multi-family housing. Vacancy rates in the Tigard area are very low and indicate need for additional units. See Exhibits A & 8 is 4. Any changes in environmental , economic or social conditions and/or changes in availability or public services or access, and/or any other aspect of community development directly affecting the subject site that would justify the requested action. The proposed use has been contemplated by the comprehensive plan. In anticipation of development in this area the Tigard- Water District has supplemented the 6" water main in N. Dakota Street with a new 12" line. Sewer is readily available since the Fanno intercepter traverses this parcel . Access is by way of N. Dakota St. which terminates into Greenburg ad. The site is in proximity to major employment centers such as Washington Square and a number of new coy mi.arcial and industrial establish- ments stablish- ments in the vicinity. Public transportation is also readily available. 5. Why the proposed location for your proposed land use is more suitable than t other locations in the City zcned to allow the proposed use? (not applicable for conditional use 'permit . This site is essentially an in-fill since it is situated between industrial establishments to the east and single family housing to the west. The Tigard housing plan under problem area 11013 policy #9 states: Encourage housing development in areas where 9 9 P public facili- ties already exist. This site as mentioned before is served by water and sewer and has adequate roads to serve the additional housing. Also the proximity to major employment centers makes this parcel highly desireable for developing. The proposed duplex use of this property would be an excellent transition between the industrial establishment [ to the east and the single family housing to the west. l - y ( r is 6. The impact or effect the proposed development, use, or activity will have on adjacent sites, occupants or activities and on the immediate neighborbhood. This proposal , if implinvented would create 22 new dwellings. Development would have a favorable impact since the the property is presently vacant ant. fallow. By developing the property values would increase, thus raising funds for the community without putting an undue burden on existing comr„unity facilities. As mentioned previously this parcel is an in-fill between existing residential and industrial uses, Development of this parcel has been anticipated by the Tigard Plan. The impact on adjacent sites will be small is 5. (Continued) since this proposal is bounded by flood plain and N. Dakota Street. No traffic will be routed through any other development. The L Z;�Oject. nly negative impact would be noise and construction equipment conveniencing the public during the construction phase of the 7. The types of public services necessitated by your proposed development and the impact that your project may have on these public services. (Examples of such public services may be fire protection, police protection water and sewer service, schools, parks, streets, roads, public transportation and/or utilities. aaaa5 Sit, ic essentially lids all o+ the 'r'eglii't�eu services availaule Adequate water s available from the l2" line in N.Dakota. Panno interceptor traverses the site. Acces to the site is by way of N. Dakota St. which is adequate to handle the additional traffic. Police protection should not be a problem since this is an in-fill and also due to the size of the project. Adequate public transportation is provided by Tri-Meta Additional Park ground will be provided by dedication of the lands within the flood plain, other park facilities are now available along Panno Creek to the north. The size of this proposal is so small that the effect on the schools is almost negligible. The school district officials indicate that there is no problem accomdating the addi- tional pupils. i� a: Vacancies in Portland and Suburban Areas Since January 31, 1975, PCE has been able to calculate vacancies in some zip code areas which are served exclustve7y by the utility. A map showing the boundaries of the Portland zip codes is locatedon pages 2 and 3 of the yellow pages section aF the Portland telephone directory. Zip code areas outside of Portland serve not only the city limits of the cities shown but substantial areas surrounding the cities. The number of living units outside Beaverton (but still in 97005), For example, exceeds the number within the city limits. For vacancies within the city '.imits of selected cities, see data on page C-2. Outside of Portland it is not Possible to draw a map showing the areas within the zip codes because of many pucuiiarities related to delivery routes. 6 - h Vacancies are determined 5y the comau_er which counts 1fv+n; units where t there is a meter in place but less than 10 kilowatt-hours of electricity were used during the month, Units under construction or never occupied are considered vacant. 8 Percent Vacant As of August 31, 1979 Portland 2i Coe es ...es Out-of'-Vortland Zi o Cojes SinblewFamily Singie-.'amr_ly Zip Homes Anartme.ncs zio Homes A,Dartments g 97201 2.927 8.05% 97005 4.187 7.952 :.. 97202 1.67 5.01 97009 4.05 9720.3 2.04 6.24 97013 3.92 7.14 i 97206 2.03 5.61 97015 5.90 5.64 97209 7.69 97023 4.62 7.14 i 97210 1.84 * 97027 3.68 5.22 97214 2.06 5.83 97030 3.88 5.69 97215 1.33 5.17 97034 3.57 12.69 97216 1.78 6.06 97038 4.10 7..58 97217 1.43 4.22 97045 3.93 951 97219 3.30 6.95 97051 1.15 2.74 97222 2.40 6.38 97068 6.74 19..13 97222 2.57 4.55 97071 2.224:61 97223 3.83 8.44 97123 4.15 6.44 97225 1.50 4.58 97132 4.13 8.68 97230 1.40 6.14 97233 1.50 4.28 97236 2.24 5.09 97266 3.82 7.02 Note: Portland zip codes not Listed are not served by PCL. The two northwest Portland ztp codes - 97209 and 97210 - have such a high percentage of centrally metered apartment buildings that apartment vacancy figures are not represaro:atLve. df Some of the high apartment vacancy figures above may be due to a, small number of available units, and each vacancy cnuses a high �F percentage rise. i C-3 E7=)4 1-1 Q!;;)1-T- s Survey of Vacancy :fates for Selected Cities in The Portland Ceneral Electric Company Service Area By the Economic OeveLonmeac and Research neoartment Single-Family !!o!nas ,.. : .��, t •.r• Apartment - Mobile Mobile Hom s Space ` Percent Vacant '` Percent Vacant ' '`' Percent Vacant City W73-1778 2 28 79 8 L 79 777777-7 2 's8 i=) 8/31/79 8 31 78 2 28. '9 8 31 7 Beaverton 3.27X 2.23% `Y. .G:037. 5.047 4.90% " x'5.50% 1.42%'1" 1.61X ` 1.21X Fairview ' 1.63 ' ' 0.65 "::•'0,97 ` 7.01 � 1.75 0.'58~ _•,J sti; Gladstone " 3.14 •3u. '.2.83 ``' '3.50 " 5.08' : '"'4.50 5.1I�`;' i.631atFc_0.81' 1.22 F Gresham. 4.53 - 3.x6 �. 3.77 7.50 5.73 5.76 2.92 1 0.87 0.62 f Hillsboro tea,::; 5AV' �t;'4 .55 :t�4.21'` . .'9 30 4.50 . .. ,'-�.~;."'.•..__ :j. 2.03 .$B :.1.22 . �V2.35. Lake Oswego 2.43; t 2.30 -. x'_3.65 - 9.28 4.46 . 12.90 ;�•:,�,�s�'r•a; .�..•.•t . '25.00 : . Milwaukie 2.75 ` 2.63 2.92 5.96 6.07 4.37' 3.46 '°: 2.09 = 3.29 Krawverg 71.43 d 3.23 3.94 12.32 9.51 9.45; 12.36.''. 7.41 `} '5.76 Oregon City 3.02� 3.21 3,64 7.11 6.80 9.64 ' St. 23elens 1.83 1.17 1420 . 2,38 3.70 2.85 :"'°`4 34 ° 4.34_ Salem 3.08 2.64 3' 3.45 6.41 6.51 7:47. 1.4$'':1 .x.4.14 Sandy 2.01 1.95 4117 9.62 7.58 7.75 :, 5.60 c 3,20 4.80 _ ._ �,... Sheridan 0.85 0.84 ;'2048 2.89 2.11 4.89 7.69 10.25 15.38 Silverton 2.85 F `.. 2.40 2.64 2.16 1.82• •2.13 ;: 2,70 5.4Q 4.54 Tigard 7.00 ., 5.09 5.71. r, 8.88.,. 5.94 22.35 4.91 :i .. I.'36,.'� 5.26 Troutdale 3.191 .; 5.97 7:321 15.76 14.63 11.71 36.66 . t Tualatin 6.48 . :.:.7.78 . 13.08 26.91 20.24 -17.04 2.25 17.07 `17.68 West Linn 3,65 5.32 '5.81 7.97 7.47 � ._ 15.80;s .. r• ^x.� ...9.09.E 18.18 Wilsonville 4.03 '"'` ' 3.26 '-dA.80 9.Q0� 11.32 34 r � {V4L 28a r`¢ ..,I, 3 =tt.. .59 2.65 F,tt.1.. 3.04 ,f Wood Village 2.851 1.12 - . 440 10.84' 11.8Q ` 11.41 1.36 ��� 1.02 ~ .:.1440 i .1.02 Woodburn 1.74 1.40 �-V-.57 : 2.87•'`' `4.70" ,t c 4'>70 � � • 1.36 "a 1.72 2.1 4, .. Note; The vacancy percentages above >v:1 ude,Iivfrg un9,ta under construction or never occupied. 'Thus, a very,. ghrvacancy. percentage mays indicate that the area.has t " eLther few living uniea'`of ,that type,a and a feta vacancies would made: the percent-,. •age high,'or there'arsts'3.arze number' o£�units under:conatruction. some of which y not, be reedy for occupancy. ' The'data above include*un.its located 'within the city limits;of-these cities only:. .::• ar. •�t, ;1!( •'a ;t .•lY..s .,.7 e. p 3. i; � �trz_-�i , X91 F€ PROPOSED DEVIATIONS OR VARIANCES 1 . Cul-de-sac Lenqth: Variance from Title 17, Section 17.08.110.. Proposed north cul-de-sac is approximately 5OOfeet in length. About 66" of this site is in the flood plain; applicant will dedicate this land to the City of Tigard. 'rhe remaining buildable portion of the property has a very odd shape, making it difficult to develop a rational site plan. In order to make use of the north "finger" of the buildable portion, it is essential that a cul-de-sac be provided there. That portion of the site necks down so that the cul-de-sac must be placed precisely at its widest point in order to get an adequate turning radius between buildings. This results in a length in excess of 400 feet from the North Dakota Street right-of-way. 2. Private Streets: Deviation from Title 17, Streets and Section 17.09.040, sidewalks. Applicant proposes private streets in this development because of the difficult geometry of the buildable portion and also in order to provide a less LA structured feeling to the developed site. The overall c 1.� property, due to the large amount of open space which will nit remain, has the potential of being a very open, casual living environment. This feeling can be enhanced within the developed areas by minimizing the amount of paving and hard edges (curbs). In addition applicant feels it is more in character with the casual feeling being sought to dispense with concrete sidewalks and, instead, to provide pedestrian pathways through the landscaping which follow the natural traffic patterns which will develop. Timetable of Developement: Start Construction: June 1980 Complete Construction: March 1981 y !SO E3 63 63 53 64 sn cn a w N � �. 150 63 63 .63 63 64.. 65.76,,, bS.4AVENUE .+v.:,^�.....r7.. . i2.0 �"'T"t 70 68 .72.0 p p O Q C? ® O O o W N O t0 i CD N r 1 _..17• .. 1 � a ni r�t s ID 10. I 1 tb d l o n if mI 03 Q, < 0 w t } Baa'•^�y) p . tm'd STAFF REPORT AGENDA 5.4 TIGARD PLANNING CORMLISSION May 20, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard DOGCET: ZONE CF.ANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 8-80 and CONDITIONAL USE, CU 8-80 and VARIANCE, V 5-80 (Alpha Properties) APPLICANT: Alpha Properties OWNER: SAME 6850 SW 105th Beaverton, Oregon 97005 APPLICATION DATE: March 28, 1980 REQUEST: For a Zone Map Amendment with a Preliminary and General Plan Program Review request from Washington County RTI-4 to City of Tigard R-7PD "Single Family Residential Planned Development District" and a regUest for -a Conditic-nal Use to build d1aplex (attached single family) units and a Variance request for a cul-de-sac. e LOCATION 10485 SW North Dakota Street (Wash. Co. Tax Map lSI 34DA, Tax Lot 100). SITE DESIWATION: Presently Washington County Zoning RU-4; Tigard Comprehensive Plan R-7 and Greenway. I. FINDINGS OF FACT: 1. Applicant proposes to construct eleven (11) duplex units on a 2.28 acre buildable portion of a 6.38 acre parcel, the remaining 4.03 acres to be dedicated to the City of Tigard for Greenway and .07 acre right-of-way on North Dakota Street. 2. According to the applicant, 2.15 acres of buildable land are available above the 100 year floodplain of Fanno Creek. The Corps of Engineers Maps, however, show the 100 year floodplain line to be 160 feet around the north cul-de-sac and from the north cul-de-sac south to North Dakota Street to be 159 feet. Using t_he correct floodplain line and eliminating the required sixty (601) feet right-of-way for North Dakota Street from the subject site, Staff finds the buildable portion of the site (by plainmetric measurements) to be 99,300 feet or 2.28 acres. s 4 STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-80, V 5-8.3 TIGARD PLANNING COMISSION May 20, 1980 Page 2 3. According to the Density formula in Chapter 18.56, Planned DevelopWnt , Code, Staff finds that nine (9) duplexes (18 units) would be allowed in a Planned Development on this site using only the 2.28 acre non-floodplain portion. Since the applicant proposes to construct twenty-two (22) units on the site, the applicant would have to retain at least 114,583 square feet or 2.63 acres of the site in private ownership. This can be done by incorporating at least .35 acres of the 100 year floodalain in the buildable portion of this site, decreasing the dedicated Greenway area. 4. The following City Policies are applicable: NPO #7 Plan - Urban Low Density Residential Development: Policy 4. Planned unit development will be encouraged on tracts large enoLlgh to accom-.3date tan (10) or more d:•rell i. ri .Cd trait development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. Policy 7. Within the urban low density residential area, allow duplexes on lots less appropriate for single family homes to include locations at street intersections, adjacent major thoroughfares, and F. as buffers between multifamily and si.ggle family areas. Policy 8. When developments are proposed in the urban low density area for sites which include identified natural features worthy of preservation, the planned development concept shall be utilized i if the Planning Commission determines it the best method for preservation. E' t Tigard Housing Plan: t Policy 2. The community shall promote and encourage a diversity of housing densities and residential types that are available at various prices and rents to households of all incomes, age, sex, race, and living patterns. Such housing should include, but not be limited to, single family residences, duplexes, apartments, mobile homes, condominiums, and townhouses. Environmental Design and Open Space Plan: Policy 7. Retain the 100 year floodplain of Fanno Creek, its tributaries and the Tualatin River as an open preserve (Greenway). The Greenway shall be established as the backbone of the open space network and when a direct public benefit can be derived, i.e., adjacent residential development, the Greenway should be developed " for passive recreation and pedestrian/bike travel. i f STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-80, V 5-80 TIGARD PLANNING CObDIISSION f May 20, 1980 Page 3 r Policy 21. When land is developed and includes a designated pedestrian/ bicycle path route, easements shall be granted to the City. In cases where development increases the need for the path, construction should also be required. When development occurs that is not on a designated bikepath route, but increases the need for a path, a contribution to a special bikepath construction fund should be sought. Policy 22. In areas where a path is routed through or adjacent to a residential area, the- path and/or the buildings in the area should be situated in a manner to provide natural surveillance of the path. The number of entry points to the path should also be limited in these areas. 5. The 1974, Tigard Area Comprehensive Pedestrian/Ricycle Plan designated a bike path route on the west side of Fanno Creek between North Dakota Street and Scholls Ferry Road, through the subject site. Portions ofthis bikeway have alrea-'y been constructed in Englewood and Black Bull Subdivisions, north from the former Metzger Sewer Plant site, which borders on the northwest corner of the subject site. fF 6. Surrounding uses include a vacant marshland and landfill, the Southern Pacific Railway, and industrial uses to the east, pastureland to the south, a proposed single family attached subdivision (Ventura Court) of eight (8) lots immediately to the west, a single family detached subdivision further to the west at North Dakota and 106th, and the vacant Metzger Sewer Plant to the northwest. The site is presently vacant field and marshland, with an abandoned farmhouse on the south portion, 7. Washington County has approved the preliminary plat of an eight (8) lot single family attached subdivision, Ventura Court, immediately to the west of this site. Ventura. Court Subdivision will occupy portions of the floodplain for building sites, using the remainder of their floodplain area for "storax, drain purposes", and will be served by a 165' private stub street with no cul-de-sac. On April 1, 1980, the Planning Department objected to Washington County, regarding the lotting pattern, street access, and floodplain use at Ventura Court; the Washington County Planning Director responded on April 21, that the County cannot "re-examine the substantive planning issues" involved with Ventura Court, since approval of a final plat is pending. 6 8. The U.S.A. Fanno Creek interccptor line traverses the east side of the site. The Tigard Water District has a 12" water main on the south side of North Dakota Street adjacent to the site. e i i j F STAFF REPORT ' AGE`.OeA, 5.4/7,CPD 8-80, CU 8-80, V 5-80 TI APD ?I VMING COrLKESSION may 20, 1980 Page 4 9. The closest Tri-Mat bus service is available on Greenburg P.oad at the corner of North Dakota, approximately 1000 feet east of use site_ 10. North Dakota Street is classified as a collector street in the Tigard Community Services and Transportation Plan requiring a sixty (601) foot right-of-wa.y with fourty-four (441) feet pavement. North Dakota presently has inadequate right-of-way and pavem_nt by the subject site frontage. Average daily traffic in this section was 2,040 vehicles/day in August 1479. of 3.. The applica_-.t pr000ses to dedicate the 100 year floodplain portion co this site to the City of Tigard for Greenway-Park purposes. After consult- tion with Staff, the applicant has agreed to construct a bike, ay to City stancards from North Dakota Street to a point on the nor_h south. line dividing the site from the Metzger Sewer Plant site, about 100 feet rQuth of t'.�.^»":O tgeet:. paps i_c,anr also proposes to landscape portions of the Greenway and provide bikeway access to the Greenway from the north cul-de-sac and from the eastern housing cluster. 12. internal circulation within the developr_nt will be provided by a � twenty-four (24') foot wide private street with two (2) cols-de-sac on the west and north housing clusters.- Eighteen (18) off-street parking spaces are provided on the street. - Under Section 18.60 of the Tigard Municipal Code, t•,aenty-two (22) spaces would be required along the street. Pedestrian circulation is proposed via the system of gravel trails which connect portions of the site with the Bikeway/Greenway and the sidewalk on North Dakota Street. The applicant proposes to serve the site with a private street due to the difficult geometry of the buildable portion, and in order to minimize the amount of paving in a site plan that is responsive to the natural features. 13. The applicant is requesting Conditional Use (CU 8-80) approval for the construction of duplexes in an R-7 zone, under Section 18.20.020 and 18.72 of the Tigard Municipal Code. if this entire site were buildable. under R-7 standards for single gamily use (four (4) units/acre) , t -nty-five (25) units could be constructed here. Applicant proposes to construct only twenty-two (22) units, while allowing the major portion or the site to be used for public Greenway and open space. These units would be rented for approximately $375 to $400, which would provide a middle ince,-e housing alternative for people who ca, now afford to purckase a single faaly home due to high do-,m payment and interest rates. 14. 1"he applicant is requesting a Variance (V 5-80) from Section 17,08.110 (Cul-de-sac) Streets, of the Tigard municipal Code which limits cul--de-sac length to no more: than 400 feet. The applicant proposes to extend the worth cul-de-sac approxi*��tely 500 feet at its futhest point. Both cui-de-sac turnarounds will have a 42 foot paved radius, as requite by t:°se Code. The applicant claims that the odd shape of the buildable, portion of, the sit, makes it difficult to develop a rational site plan, and that the cul-de-sac must be placed at the widest point of the north buildable "finger", in order to get an adequate turning radius between build!-,.gs. • � C � C f' STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-80, V 5-80 { TIGARD PLANNING =OZIISSION May 20, 1980 Paqe 5 15. The applicant's site plan has gene rally avoided use of the floodplain, however, the off-street parking area east of the north cul-de-sac intrudes into the floodplain area. 16. Applicant expects to begin construction in June 1980 and complete the project by March 1981. { II. CONCLUSIONARY FINDINGS: 1. The proposed Conditional Use 8- ' P {CU 80) of the site for duplex residential is appropriate, given that duplex use serves as a buffer between industrial and single family uses on North Dakota Street. The site plan is responsive to natural features and sensitive lands, and the applicant will dedicate nearly sixty (60%) percent of the total site topublic use and make improvements thereon. This use is in conformance with NPO #7 Plan and the Environment-al nesicm and Open $snare plan_ 2. There is a public need for affordable housing for moderate income persons, which is not being met in the present single family housing t market. Duplex housing on this site will provide an affordable and - desirable housing alternative for moderate income persons which supports the Tigard Housing Plan and State Planning Goal #10, Housing. 3. The applicant should retain those portions of the si to in private owner- ship which include the private walkways in the floodplain so that the "buildable portion" includes at least 2.63 acres as required for twenty-two (22) units. 4. The proposed Bikeway and Greenway will provide an important link in connecting Tigard's Greenway and Bikeway system between North Dakota Street and Scholls Ferry Road. The applicant should construct the g bikeway to the satisfaction of the Public Works Department after , approval of Site Design Review for the entire site by the Planning Director. , 5. Although a unified loop street would be desirable to connect this site with Ventura Court, the City has not been able to secure the cooperation ; of the Ventura Court developer in either annexation or a common street k' plan. -Since a street connection to the west seems unlikely at this time, the street plan for this development is constrained to streets wholly within the site. i 6. Adequate sewer and water service are available to the site, with pe_rnission of the Unified Sewerage Agency and the •1•;Bard Water District. No provision for storm drainage was indicated in the site plan. ' STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-801 V 5-80 TIGARD PLANNING COMLIUSSION May 20, 1980 Page 6 7. North Dakota Street presently has inadequate pavement and right-of-way; applicant should dedicate an extra ten (101)feet of right-of-way along North Dakota Street and make half-street improvements along the entire site frontage as far as the Fanno Creek Bridge to collector street standards. 8. The internal circulation proposed for this development is adequate for pedestrian and vehicle traffic. The private street is justified due to the difficult shape of the buildable portion. At least twenty-two (22) orf-street parting Spaces (j,-1 excess of the single car garages) must be provided along the street. Given the low-lving nature of the site, private walkways within the project should be paved, not gravel, to provide maximum all-weather service to pedestrians. 9. The Variance (V 5-80) from Section 1.7.08.110 of the 'Ti.gard Municipal Code (length of cul-de-sac) is justified due to the odd shape of the buildable portion of this site and the City's present inability to secure cooperation from the owner of Ventura Court subdivision and Washington County. The forty-two (421) foot radius of theturnaround meets City standards. Because of the excess cul-de-sac length, a fire hydrant should be placed within the development according to Washington County Fire District ##1 standards. l©. Since the applicant's north parking area intrudes into the 100 year floodplain, applicant should do one of the following: ,A,) Re-design the parking area to stay out of the floodplain. BI Apply for a Sensitive Lands Permit. C) Study the feasibility of flood relief (loweking the floodplain level) by the installation of culverts under North Dakota Street and/or the construction of a flood relief channel across the largest meander of Fanno Creek. 11. The applicant will complete the project within one year of approval in a single phase. III. STAFF RECOMMENDATION: Staff recommends approval of this Planned Development District and General Development plan with the following conditions: 1. That the applicant retain those portions of the site in private ownership which include the private walkways in the floodplain, so that the "buildable portion" includes at least 2.63 acres as required for twenty-two (22) units. x, i STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-80, V 5-80 TIGARD PLANNING COLIIRAISSION May 20, 1980 Page 7 E s 2. That the applicant construct the Bikeway from North Dakota Street to the north/south property line between the Metzger Site and subject site to the satisfaction of the Public Works Director after approval of Site Design Review for the entire site by the Planning Director. f; 3. That applicant dedicate ten (10') feet of right-of-way on North Dakota Street, and construct half-street improvements to the entire North Dakota Street frontage to collector standards,as far as the Fanno Creek Bridge to the approval of the Public Works Director prior to the issua:-ice of Building Permits;plus 4. ....That applicant secure permission from the Unified Sewerage Agency and Tigard Water District for connection to their lines, prior to issuance of Building Permits. 5. That applicant provide paved five (51) foot wide private walkways within the Planned Develop nt. 6. That applicant provide a fire hydrant within the development according to the standards of Washington County Fire District #1. 7. That applicant submit a storm drainage, sanitary sewer, and water line plan to the Public Works Department for approval prior to the issuance of a Building Permit. 8. That applicant complete the project within one year of approval. 9. That applicant do one of the following regarding the north parking area: A) Re-design the parking area to stay out of the floodplain; or 8) Apply for a Sensitive Lands Permit; or C) Study the;feasibi li ty of flood relief via culvets or a flood relief channel in consultation with the Public Works Director, and if feasible and effective, construct relief improvements to the approval of the Public Works Director. 10. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisifed and inspections verifying this have been carried out by the appropriate department. 11. No changes will be made to approved plans or specifications unless formal .application is made to the appropriate City department and changes are approved by that depart-went. Application for changes will be made in writing and shall include applicable drawings. 12. All existing or proposed utilities shall be placed underground. Street , ,' lighting installations shall be approved by the Public Works Director. STAFF REPORT AGENDA 5.4/ZCPD 8-80, CU 8-80, V 5--80 TIGARD PLANNING COMMISSION May 20, 1980 i Page 8 f i 't 13. Improvements may be bonded prior to issuance of Building Permits. t t i w i I Prepared by Richard N. Ross, approved by Al i +N Intern Planner P D" ector -71 W k S I I C