Ordinance No. 80-56 CITY OF TIGARD, OREGON
ORDINANCE NO. 80-,!21_
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT '
h TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
I (Winter Lake)
PLANNING DEPARTMENT REFERENCE INFORMATION:
Tax Map 1S1 33D, Tax Lot 300 AND Tax Map 1S1 33DC, Tax Lots 100, 300, 400, and 500,
Project Address East of 135th Avenue between Scholls Ferry Road and Walnut
Street, File Numbers ZC 29-79a/ZC 29-79b, Present Zoning Designation Washington
CountyRS-1, Zone changed to City of Tigard R-5 "Single Family Residential" AND
City of Tigard A-12 "Multifamily Residential", Applicant Russell Krueger/Winter Lake.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described are now classified as ;
Washington County RS-1, 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-5 "Single
Family Residential" AND A-12 "Multifamily Residential" 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 ssrrounding
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 reciuest for an amendment to the Zone
Map of the City of Tigard is hereby approver[ 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 Ma
g P ,p
Exhibit "C": - Staff Report
And further subject to the following conditions:
1. Phase II - ZC 29-79,a (apartments) shall be brought before the Planning
Commission at a later date.
(
OP.DINANCE NO. 80-St4-L
ZC 29-79a/ZC 29-79b
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2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the Tigard
Municipal Code, Chapter 17, Land Partition Ordinance.
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3. Actual construction on each single family or duplex (attached single family)
lot shall be resolved relative to configuration, zero lot line, and setback
requirements on the Preliminary Plat Plan. This Plan shall be cleared
with the Building Department and Public Works Department prior to consideration
of the Final Plat. It shall be clearly noted what is to be constructed '
on each/every lot in Phase I to avoid differences at the construction stage.
Also zero lot line on each/every lot would conflict with requirement for
1
easements.
4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by
Staff and may be reviewed by the City Council. All Conditions, Covenants
and Restrictions (CCR's) shall be submitted to the Staff for review and
comment prior tc recording of the Final Plat.
5. Phase I shall be subject to Site Design Review by Staff prior to the
issuance of Building Permits.
6. Necessary right-of-way dedication on 135th Avenue shall be made as directed
by the Public Works Director. Half-street improvements to Collector
Street Standards shall be made for the full length of frontage on 135th
Avenue. These improvements shall be made including the frontage on Tax I
Lots 200, 300, and 400 on Map ISl 33DC. A Local Improvement District may
be considered for this installation initiated by the developer and supervised
by the City of Tigard. All construction in the public right-of-way shall
be approved by the City prior to commencement of work.
7. A variance from the 10,000 square foot requirement for duplexes in a
R-5 Zone is hereby granted by the Planning Commission. Minimum duplex
lot sizes in this development may not be less than 8,000 square feet.
Refer to Condition #3 above for further clarification.
8. Dedication of 3.4 acres to the City of Tigard shall be made for City Park
purposes. A metes and bounds legal description for this property shall
be provided at the time of submission of the Final Plat.
9. Emergency vehicle access to the apartment units will be resolved when
Phase II is presented to the Planning Commission.
10. Consideration shall be given to Tax Lots 400 and 401 to the east of
proposed "A" Street off-site. Temporary driveways or some alternate
means of service should be considered.
11. All public local streets shall be fifty (501) foot dedicated rights-of-way
with thirty-four (341) feet of raved surface. All collector streets shall
have sixty (601) foot dedicated rights-of-way with paved surface to be
determined by the Public Works Director, and sidewalks on both sides of
the street. Actual placement of sidewalks shall be resolved through Site
Design Review with the Public Works Director.
ORDI14ANCE 80--
ZC 29--79a/ZC 29°-79b
Page 2
Y
12. No Occupancy 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.
13. No minor land partitions shall bf. made in reference to this project unless
formal application is made to the City of Tigard Planning Department and
the minor land partition is approved and recorded.
:
14. 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.
and construction plans on all public rights-of-way shall be
15. Grading plans
submitted and approved by the Public Works Director prior to commencement
of work.
16. Public water service and sanitary service shall be installed to this site
prior to the issuance of a Building Permit.
17, All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
18. No Building Permit shall be issued until. the expiration of the twenty
(20) day appeal period from the date of approval.
19. Improvements may be bonded prior to issuance of Building Permits.
20. That street improvements be constructed to the approval of the Public Works
Director prior to the recording of the Final Plat or issuance of a Building
Permit.
21. Ora-site drainage plans for drainage during construction shall be approved
by the Public Works Department prior to commencement of any construction.
SECTION 3: This Ordinance shall be effective immediately after its passage by
the council and approval of the Mayor.
PASSED: By ate vote of all. Council members present this 2 3"d
day of 1980, after being read biro times by
number and title only. .:
Rec
order - city of Tiga
APPRQvE;A: By the Mayor this „x�'-`L dal of _sem , 80.
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Mayor - City of Tigard
ORDINANCE NO. 80-
zG 29-79a/ZC 29-79b
Page 3
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ROFT' ` R.E.9 J HCSIGMUND PILIS.PETERSW&
L.D.MEINZ IPEG P.L.S.
K.R.KRIEGER P.E. k
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R.M.O'BRIEN A.P.A.
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1; ' ENGINEERS,
LAND SURVEYORS&PLANNERS
140'q E THQD AVENUE
ALLSBORO.OREGON 97123
5031648-4101
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W I N T E R L A K
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PLAIINED UNIT DEVELOPMENT
May 2, 1980
APPLICANT
Russell Krueger
2041 S.W. 58th
Portland, Oregon. 97221
Phone: 646--8911
CONS SULT,jNq Ei30_ SNEERS
Bancroft, Peterson & Associates, Inc-
140 N.E. 3rd Avenue {
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Phone 648-4101
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Winterlake
Planned Unit Development
May 2, 1980
Page -1-
APPLICATION
This report addresses a request for General Plan approval of the first of two
phases of the Winterlake Planned. Unit Development, zone changes from Washington
County RS-1 to City of Tigard R-5 and A-12, and a preliminary plat.
BACKGROUND
The subject property is located on the east side of 135th Avenue, between Scholls
Ferry Road and S.W. Walnut Street. It contains 36.8 acres and is proposed to be
developed in accordance with the following table:
USE ACREAGE # OF UNITS % OF SITE
Single Family, 21.4 127 58.2
Duplex and (SFR 89)
Right-of-way (Duplex 38)
Multiple Family 12.0 138 32.6
Park 3.4 -0-
9.2
TOTALS 36.8 265 100.0
i
The Winterlake Subdivision will contain 108 residential lots. Duplexes will be
located on 19 of these lots, and the remaining 89 lots will be developed with
single family units. However, some of the single family lots, if not all, will
be attached in groups of two, with a zero side yard set back on one side. The
other side, front and rear yard set backs are proposed to meet the minimum set
back requirements of the R-5 zone. The single family lots generally range from
5,000 to 6,000 square feet in area, and the duplex lots range from 8,000 to
12,000 square feet in area.
The Preliminary Development Plan and Program, along with a zone change to R-5
was approved by the Planning Co=mmission on August 21, 1979. Additionally, the
zone change to A-12, the preliminary plat, and the development concept of the
apartments were approved in principle. The major areas of concern raised by the ,
Planning Commission during the review process were emergency access for the
apartments, drainage, and flood plain issues.
The drainage• and flood plain issues were resolved by Sensitive Lands Special Use
Permit, Case File # M-1-80, which was approved by the Planning Commission on
February 5, 1980. This application was approved subject to certain conditions.
6
Winterlake
Planned Unit Development
May 2, 1980
Page -2-
REASONS AND JUSTIFICATION FOR PHASING
As indicated in the schedule section on page 27 of the attached "Winterlake" re-
port, this development was proposed to be constructed in two phases. The single
family units and duplexes are phase I, and the apartments are phase II. The
final building elevations, site plans and landscape plans are required at the
General Plan review stage. However, these detailed plans have not been finaliz-
ed for the apartments, and are not ready for Planning Commission review. There-
fore, we are requesting a two stage review of this General Plan review applica-
tion. The first stage is the information before you, and the second stage will
be the detailed plans for the multiple family units. The multiple family site
will remain vacant until the second phase of the General Plan review is approved
by the Planning Commission. However, all of the public streets will be improved
and the City Park can be improved without any delays.
OVERALL CIRCULATION
Exhibit "A" shows an overall circulation plan of the Winterlake Subdivision and
4 the general area. The northern stub of Street "A" provides access and street
frontage for the future park site. The northern stub of Street "H" provides
secondary access for the southern portion of Tax Lot 500. This street stub will
allow a potential future street to either access onto 135th Avenue or -terminate
as a cul-de-sac.
UTILITIES
Utility lolans have been prepared and no problems were found with utility capaci-
ties, or the ability to provide the full range of utility services. More infor-
mation is available in the attached reports and the utility plan.
BUILDING DESIGN
The duplexes and the single family residential attached and detached units are
proposed to be compatible with the high quality units within the Morning Hill
and Sumnerlake Subdivisions. This quality will be ensured by appropriate deed
testrictions, governed by an architectual review committee. tiY ,, .,,;
ing designs and building materials will be used. The units will be earth tones
in calor with heavy emphasis on natural wood textures. The roofing materials
will be a mixture of wood shakes and composition.
f
Winterlake
Planned Unit Development
May 2, 1980
Page -3-
VARIANCESREQUESTED
Only two variances arerequested
lothlinesonplanned
sideunit
forea11o8 eof theapplication.
thi wi
single
a zero
The first variance is
family residential lots. It is unlikely that all of the lots will develop with
zero lot line units, and the exact number and location will be determined by
market conditions. However, there is a need for all of the lots to have zero
lot line potential in order to provide good flexability and housing type mixture
throughout the subdivision.
The second variance is a request to reduce the minimum lot size from 10,000 to
8,000 square feet for the duplex lots. A lot 8,000 square feet in area, is
sufficiently large to easily accommodate a variety of duplex house designs. The
reduced lot size can be justified by the provisions of the City Park open space.
SENSITIVE LANDS PERMIT
A copy o£ the Sensitive Lands Permit report is attached. This report concluded
that no flood plain exists an the subject property, and that an acceptable drain-
that
age system can be constructed.
The following are conditions of approval of the Sensitive Land Permit:
1. That the question of emergency vehicle access be resolved at the
General Plan and program Hearing.
2. That site and public drainage construction plans be approved by the
Building and Public Works Departments prior to issuance of Building
Permits or Bonds.
3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate City department and changes
are ut+px—.
A by that department. Application for changes will be made
in writing and shall include all applicable drawings.
4. That the proposed drainage system shown on thes application be added
to the General Plan.
The emergency vehicle access was reviewed by the Washington County Rural Fire
District #1, They indicated that the mul atltheanortheastdevelopment
corner ofthe
plan
was
site,
ceptable, except that building group "C",
must be within 150 feet of a driving surface (Exhibit "B") • This can be easily
accomplished by moving the cul-de-sac to the north approximately
Anappropriatefeet,dand r
separating the "C" five-p
Zex into a duplex and p-
which meets fire depar,ment requirements will be available at the second phases
s General Plan Review application,
multiple family portion of thi
Z
6
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winterlake
Planned 'Unit Development
May 2, 1980
Page -4-
All of the other conditions listed above have or will be complied with.
f
LANDSCAPING
All of the streets will be lined with street trees approximately 30' O.C. They
will be a variety of Maple and Plane trees. A planting plan has been prepared
to show the approximate location of the trees.
PROPOSED DEED RESTRICTIONS
The deed restrictions will basically cover the following major points:
1. Zero lot line arrangements prior, during and after construction
2. A design review committee to ensure architectual quality
3. Street tree installation and maintenance
4. Permitted set-backs, uses, and other requirements related to City Codes
and Ordinances
S. common Driveways
6. Maintenance of buildings and the lots
SUM1,4ARY
The winterlake Planned "t;nit Development complies with all ordinances, codes and
policies of the City of Tigard, and is substantially in compliance with the pre-
litminary plans already approved by the Planning Commission. This development
will help satisfy public need for smaller lot sizes and rental dwelling units.
It has been designed to take advantage of the future City Park and natural aes-
thetic and visual character of the land. The end result will be the creation of
an integral part of an overall, well planned new community that will definitely
be an asset to the City of Tigard.
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Ryan O'Brien, A.P.A.
Urban Planner
BANCROFT, PETERSON & ASSOCIATES, INC.
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17880 S W.Blanton St.
i Aloha,Oregon 97005
o��6ow 4V 503/649-8577
January 24, 19.80
8enkendnrf- Evans, Ltd.
620 S. W. Fifth Avenue
Portland, Oregon 97204
Gentl even:
Re: Fire Department access to buildings in ldinter Lake Project
We r.-!el we can endorse the proposed Winter lake Project located at
S. W. 135th between S. W. Walnut and Scholls Ferry Road, with the
' following exception. The multi-family complex, indicated on the
preliminary plat as "C" is too far from the cul-de-sac (i.e. approxi-
mately 250 feet to the northern-most corner) for adequate fire equip-
ment access.
The minimum distance we would accept is access to all portions of
the building not to exceed 150 feet. Our recommendation would be
to relocate the cul-de-sac or provide an access road along the east
property line.
Very truly yours,
WASHINGTON COUNTY FIRE DISTRICT NO. 1
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wRjrhard D. Betts:, Seninr T.n p ctor
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Fire Prevention does not cost it pay;,
T1 U AH .�
NOTICE U I "' HEARING ,
'YrICE IS HEREBY GIVEN THAT THE TIGARD PLANNING C="LISSION AT ITS HMETING ON TUESDAY,
May 20, 1980 , AT 7:30 P.M., IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH
SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
APPLICANT: RUSSELL KRUEGER OWNER: RUSSELL KRUEGER (same address) and
4320 SW 110th Avenue GEORGE SCOTT
Beaverton, Oregon 97005 11640 SW 135th
Tigard, Oregon 97223
REQUEST: For a Zone Map Amendment (ZC 29-79b) from Washington County RS-1
to City of Tigard R-5 and (ZC 29-79a) from Washington County RS-1
to City of Tigard A-2. For General Plan Review for Phase I -
89 Single Family Units on 5,000 square foot lots (38 duplex or
attached single family dwellings).
LOCATION: East of 135th Avenue between Scholls Ferry Road and Walnut Street
(Wash. Co. Tax Map ISI 33D, Tax Lot 300 and Tax Map ISI 33DC,
Tax Lots 100, 300, 400, and 500).
FILE NO.: ZC 29-79a and b
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THE PUBLIC SHEARING ON THIS MNTTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES
OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD,
N
TESTIMOY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO '.CELE RECORD OF THE INITIAL FLEARING.
SHOULD YOU WISH TO APPEAL, A WRIT-j.7-3N LET ER ADDRESSED TO THE CITY sY PECORDER NUaT BE R-.0 EIV`EED
' PRIOR. TO THE EXPIRATION OF THE TWENTIETH DAi AFTER THE DECISION OF THE HEART-MG. IF NOTICE
TO APPEAL IS NOT RECEIVED WITHIN TWEENTY DAYS, THE ?ACTION IS VALID.
FOR FURTHER INFORt•LATION, PLEASE GOzITAC-T THE PIIJU?NING DEPARTMENT AT 639-4171-
CM OF TIGARD, 12420 SW rIai=n
Tigard, Oregon 97223
L
STAFF REPORT
AGENDA 5.5
TIGARD PLANNING COMMISSION
May 20, 1980 - 7:30 P.M.
Fowler Junior Nigh - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET:
ZONE CHANGE, ZC 29-79a (apartments) - ZC 29-79b (R-5)
(Winter Lake Planned Unit Development)
APPLICANT: RUSSELL KI2UEGER OWNER: Map 1S1 33D, Lot 100 and
4320 SW 110th Avenue Map 1S1 33DC, Lot 500 '
Beaverton, Oregon 97005 RUSSELL KRUEGER
Same Address
Map lSl 33DC, Lot 300 and 400
GEORGE SCOTT
11640 SW 135th
Tigard, Oregon 97223
APPLICATION DATE: May 5, 1980
REST; For a Zone Map Amendment (ZC 29-79b) from Washington County
R
S--1 tCit ^Singl '1 Reside ! for
designated on E:shibi 2, page 3 of Winter Lake
Single Fami1 R-5gD Multifamily A-12PD of July 197 9 and
Zone Map Amndment (ZC 29-79a) from Washington Csw" =
to Cit of Ti and A-1.2 "Multifamily Residential" for that
aas
rea on a same Exhibit, same Fagefonathedre ording ofthe
so designated will be clearly defined
final plats. Applicant is also requesting a General Plan
Review for Phase I - 89 Single Family Units an 5,000 square
foot lots (38 duplex or attached single family dwellings) .
SITE
LOCATIO14: Phase I and Phase II: East of 135th Avenue between Scholls
Ferry Road and Walnut Street (Wash. Co. Tax Map ZSJ 33D,
Tax Lot 300 and Tax Map 1S1 33DC, Tax Lots 100; 300, 400,
and 500) .
PREVIOUS ACTION:
Ora December.. 5, 1978, the applicant's request for a Zone Map A--ndment with
Preliminary Plan Development Review approval was Tabled for two reasons:
(1) The applicant was finalizing a puchase of land adjacent north of the
subject site that he wanted to include in the total plan. (2) The City of
Tigard and the Neighborhood Plan Organization #7 were still considering the
land use and zoning designation for this area.
On June 3.9, 1979, the Planning Commission Denied the applicant's Planned
ng for the applicant to resolve in new
Development and stated the followi
application:
STAFF REPORT
AGENDA 5.5/ZC 29-79a and b
TIGARD PLANNING CO1,5±ISSION
May 20, 1980
Page 2
1. Calculations should be specific regarding density in relation to PD and
Sensitive Lands. j
2. Information on the schools in the Tigard School District should be obtained.
3. Sensitive Land areas within this project should be addressed. A drainage
I
way area in the eastern portion of the project needs to be considered.
4. Park and Recreational issues should be resolved with the Park Board.
On August 21, 1979, the Planning Commission approved Zone Change, ZC 29-79a
and ZC 29-79b and directed the applicant to address the following issues -
Emergency vehicle access, the drainage way issues and the floodplain issues.
A re-examination of the floodplain was requested.
On February S, 1980, the Planning Commission considered the Staff Report on
Special Use Permit, M 1-80 which addressed the floodplain, drainage way, and
emergency access issues raised at a previous meeting. Id 1-80 was Approved
with the following conditions:
1. That the question of emergency vehicle access be resolved at the General
Plan and Program Hearing.
2. That site and public drainage construction plans be approved by the
Building and Public Works Department prior-to issuance of Building
Permits or Bonds.
3. 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.
4. That the proposed drainage system shown on this application be added to
the General Plan.
I. FINDINGS OF FACT:
See attached Staff Report of August 21, 1979. Findings have not changed
substantially.
Applicant has addressed all concerns of Staff and the Planning ComtRission
in Narrative dated May 8, 1980 and made a part of the record.
STAFF REPORT
AGENDA 5.5/ZC 29-79a and b
TIGARD PLANNING COMMISSION
May 20, 1980
Page 3
II. CONCLUSIONARY FINDINGS:
Reference Staff Report of August 21, 1979. Conclusionary Findings have not
changed substantially.
Applicant has addressed all concerns of Staff and the Planning Commission
in Narrative dated May 8, 1980 and made a part of the record.
Reference Staff Report, Docket M 1-80 of February 5, 1980 and the subsequent
action of the Planning Com.-aission.
III. STAFF RECOMMENDATION:
Staff recommends approval subject to the following conditions:
1. Phase II - ZC 29-79a (apartments) shall be brought before the Planning
Com--fission at a later date.
2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the
Tigard Municipal Code, Chapter 17, Land Partition Ordinance.
3. Actual construction on each s L-igle family or duplex (attached single
family) lot shall be resolved relative to configuration, zero lot line, and
setback requirements on the Preliminary Plat Plan. This Plan shall be
cleared with the Building Department and Public Works Department prior
to consideration of the Final Plat_ It shall be clearly noted what is
to be constructed an each/every lot in Phase I to avoid differences
at the construction stage. Also zero lot line on each/every lot would
conflict with requirement for easements.
4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by
Staff and may be reviewed by the City Council. All Conditions, Covenants,
and Restrictions (OCR's) shall be submitted to the Staff for review and
comment prior to recording of the Final Plat.
5. Phase I shall be subject to Site Design Review by Staff prior to the
issuance of Bilildin" permits.
6. Necessary right-of-way dedication on 135th Avenue shall be made as
directed by the Public Works Director. Half-street improvements to
Collector Street Standards shall be made for the full length of frontage
on 135th Avenue. These improvements shall be made including the frontage -
on flax Lot^-200, 300, and 400 on Map 1S1 33DC. A Local Improvement
District may be considered for this installation initiated by the developer
and supervised by the City of Tigard. All construction in the pualic
right-of-way shall be approved by the City prior to commencement of work.
STAFF REPORT
AGENDA 5.5/zC 29-79a and b
TIGARD PLANNING COMMISSION
May 20, 1980
Page 4
7. A Variance from the 10,000 square foot requirement for duplexes in a
R-5 Zone is hereby granted by the Planning Commission. Minimum duplex
lot sizes in this development may not be less than 8,000 square feet.
Refer to Condition #3 on the preceding page for further clarification.
8. Dedication of 3.4 acres to the City of Tigard shall be made for City
Park purposes. A meets and bounds legal description for this property
shall be provided at the time of submission of the Preliminary Plat.
9. Emergency vehicle access to the apartment units will he resolved when
Phase II is presented to the Planning Commission.
10. Consideration shall be given to Tax Lots 400 and 401 to the east of
proposed "A`° Street off-site. Temporary driveways or some alternate
means of service should be considered.
11. All public local streets shall be fifty (501) foot dedicated right-of-
ways with thirty-four (341) feet of paved surface. All collector streets
shall be sixty (60') foot dedicated right-of-ways with minimum forty-four
(441) feet paved surface, and sidewalks on both sides of the street.
Actual placement of sidewalks shall be resolved through Site Design
Review with the Public Works Director.
12. No Occupancy 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.
n13. No minor lad partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning Depart-
ment and the minor land partition is approved and recorded.
14. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and char,.ges are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
15. Grading plans and construction plans on all public right-of-ways shall._
be submitted and approved by the Public Works Director prior to commencement
of work.
16. Public water service and sanitary service shall be installed to this
site prior to the issuance of a Building Permit.
17, . All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
STAFF REPORT
AGENDA 5.5/2C 29-79a and b '
TIGARD PLANNING COMMISSION
May 20, 1980
Page 5
18. No Building Permit shall be issued until the expiration of the twenty
(20) day appeal period from the date of approval.
19. Improvements may be bonded prior to issuance of Building Permits.
20. That street improvements be constructed to the approval of the Public
Works Director prior to the recording of the Final Plat or issuance of a
Building Permit.
21. On-site drainage plans for drainage during construction shall be approved
by the Public Works Department prior to co=nencement of any construction.
t
41
o , Planning Director
s '
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
August 21, 1979 - 7:30 P.M.
10865 S.W. Walnut
Tigard, Oregon 97223
Docket: Zone Change ZC 29-79a and ZC 29-79b PD(Winter Lake Planned Development
Re: ZC 25-78PD & ZC 24-79 PD)
Applicant: Mr. Russell A. Krueger Owner: Same
2041 SW 58th Avenue
Portland, Oregon 97221
Application Date: July 17, 1979
Site Location: East of 135th, between Scholls Ferry Road and Walnut Street
(Wash. Co. Tax Map 1S1 33D, Tax Lots 300, 500, 600, 601, 602 & 603)
Request: For a preliminary plan and program review for a multi-family planned
development zone (A-2PD) on a 12.0 acre site. Also, for a zone change
from Wash. Co. RS-1 to City of Tigard R-5 on a 24.8 acre parcel with a
tentative subdivision plan.
Previous Action: On December 5, 1978, the applicant's request for a zone map
amendment with preliminary plan development review approval
was tabled for two reasons: (1) The applicant was finalizing
a purchase of land adjacent north of the subject site that he
wanted to include in the total plan. (2) The City of Tigard
and the Neighborhood Plan Organization #7 were still considering
the land use and zoning designation for this area.
On Jure 19, 1979 the Planning Commission denied the applicant's
planned development and stated the following as consideration
for the applicant to resolve in new application:
1. Calculations should be specific regarding density in
relation to PD and sensitive lands.
2. Information on the schools in the Tigard School District
should be obtained.
3. Sensitive land areas within this project should be addressed.
A drainageway area in the eastern portion of the project needs
to be considered.
4. Park and recreational issues should be resolved with the
Park Board.
The applicant was also required to apply for separate zone changes
for the single family and apartment parcels. The multi-family
plan is to include the proposed site layout.
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING C012TISSION
August 21, 1979 - 7:30 P.M.
10865 SIS Walnut
Tigard, Oregon 97223
Page 2
ZC 29-79a and ZC 29-79b
I. Findings of Fact:
1. The site is designated R-5 "Single Family Residential" on the north, west
and east. On the southeast, the site id designated A-2 "Multi-family"
twelve dwelling units per gross area. The site is presently zoned Wash.
Co. RS-1. The land use is designated by the NPO #7 Plan.
2. Theapplicant's request is in accordance with Section 18.56.020 and
17.16.010 of the Tigard Municipal Code.
3. The applicant proposes to construct 95 single family dwelling units.
16 duplex units and 138 apartments.
4. Section 18.56.110 of the Tigard Municipal Code provides the density
factor calculation for the Planned Development as follows:
Multi-family acreage site: 12.0
Minus public improvement 207
Buildable net acres: 9.6
Divide the total net area (in square feet) by the underlying zone
(in square feet). 418,176.00 divide 3,630 sq. ft. - 115.20 dwelling
units. Additional 20% may be permitted for the dedication of open
space etc. (the pond 3.67 ac.) 115.20 x 20% = 138.24 the applicant is
.24 dwelling untis under the maximum allowed dwelling units in the
A-2 zone.
The Housing Implementation Plan adopted by the City Council on May 21,
1979 permits six dwelling units per gross acre on the subdivision
portion of the subject site. Therefore, 6 dwelling units x 21.4
128.4 allowable dwelling units. The applicant's proposed density is
17 dwelling units below the maximum.
5. Applicable policies of the Comprehensive Plan for development in the NPO
#7 area:
Public improvements: Policies 2 and 10 - page 3 and 5.
Planned Unit Developments: Policy 4 and 11 - page 3 and 5.
Site and Open Space Improvements: Policy 8 and 13 - page 4.
Location of High Density Residences: Policy 5 - page 4.
Density for multi-family: Policy 9 - page 5
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
August 21, 1979 - 7:30 P.M.
10865 SW Walnut
Tigard, Oregon 97223
ZC 29-79a and ZC 29-79b
Page 3
6. A description of the site area is explained on page 4 of the applicant's
attached narrative.
7. The surrounding land uses are single family un.i to the south (Morning
Hill Planned Development), east (Summer Lake Planned Development and
proposed Suc=er La e Park) to the north and 4i::$t FsCr055 ,�_•.r. Lr3..0
is vacant land designated for residential use (see vicinity sketch on
page 7 of the: applicant's narrative).
8. Sewer and water services as well as other utilities are explained starting
on page 19 of the applicant's narrative).
9. Southwest 135th Avenue and S.W. 130th Avtnue will serve the traffic needs
in this development. Southwest 135th Avenue is presently a county road
and is designated as a collector street on the NPO #7 Plan. Southwest
135th Avenue is in substandard condition having inadequate paving width
and right-of-way with no sidewalks or curbs. Southwest 130th Avenue
is presently a private road. Summer Lake Planned Development is '
improving it up to the northeast corner of the subject site. Southwest
130th Avenue is designated as a collector street and will .serve the
property from the east moving from north to south. The street needs
to be realigned and delicated with full street improvements (see plan).
10. The Park Board has requested that the applicant dedicate a 3.4 acre
parcel (see plan) adjacent to the Summer Lake Park area to the City.
The applicant is considering the request.
11. Conclusionary Findings:
1. The applicant has demonstrated through the site plan and narrative
that he is conforming to the concept of a planned developmezit in the
three parcels as required by the Tigard Municipal Code and the
Comprehensive Plan.
2. The applicant is well within the density permitted for single family and
multi-family.
3. The plan shows a 3.4 ac.e parcel of land for park use which is called
for on the Sumer Lake Park Plana
-4. Concerns expressed by the Planning Commission for density calculations,
drainxgeway activities and schools have been addressed (see attached
school letter and page 20 of the narrative for description of the
drainageway contour).
. STAFF REPORT
AGENDA 5.2
TIGARD PLANNING CO21-2fISSION
*:C 29-79a and 2C 29-79b
Page 4
5. The park and recreational issues have been resolved. The 3.4 acre
area will be planted in grass and maintained by the City. Recreational
facilities (such as tennis courts and softball field) are projected to
be installed within four years.
III. Staff Recommendations:
Staff recommends aaproval of the preliminary plan and program for the
milti-family units subject to the following conditions:
1. That Section 18.56.030 (General) of the Tigard municipal Code be
complied with prior to applicant`s presentation of the general plan
and program.
2. That site construction and drainage plans be reviewed and approved
by the City Engineer and Building Departments prior to issuance of
building permits with any bonds or other agreements as required.
g' 3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the changes
have been approved. Any deviation from this condition will result in
the immediate posting of a stop work order on the project or any
portion of the project.
4. That the ingress/egress to the A-2 areas be 30 feet *aide.
5. That the northern access to the A-2 areas be moved eastward to
approximately 32 feet.
Staff recommends approval of the R-5 Gone change ,and tentative (preliminary)
subdivision plat subject to the following conditions:
1. That the applicant dedicate the adequate distance (as determined
by the City Engineer) of right-of-way along S.W. 135th Avenue, and
construct half street improvements to collector street standards
prion to approval of final plat.
2. That the applicant provide the S.W. 130th Avenue extension as shown on
the plan prior to approval of the final plat.
That Section 13.56.030 (General) of the Tigard Municipal Code be
complied with prior to applicants presentation of the general plan
program.
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMIISSION
ZC 29-79a and ZC 29-79b
Page '5
3. That site construction and drainage plans be reviewed and approved by
the City Engineer and Building Departments prior to issuance of
building permits with any bonds or other agreements as required.
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
b the dcpartmnnt_ No
specificatio;es a_nd ocher details requ�steu y �r..��..._
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
5. That the ingress/egress to the A-2 areas be 30 feet wide.
6. That the northern access to the A-2 areas be moved eastward to
approximately 32 feet.
7. That the basketball pole, backboard and all other structures in the
E cul-de-sac islands be prohibited. However, the painted paly area is
permitted.
Prepared by: Ken 1by Reviewed by: Aldie Howard
Asso to Planner Planning Director
MEMO
T0: KEN SELBYJanuary 24, 1980
FROM. FRANK CUP.P—r
SUBJECT: WINTERLAKE - SENSITIVE LA,RiDS PERMIT
Ken:
I have reviewed the information submitted by David Evans and Associates and Senikandorf,
Evan: LTD.
From a practical point of view, I would agree with the appl i cant that no floodplain
exists on the site based on information from the Corps. of Engineers relating to
Summer Creek in that the Summer Creek floodplain is not on the site. Ha ever,
there are some lands immediately around the small lake and just up stream from
the lake which would be inundated during a 100 year storm depending on thedesign
of the controlled out fall structure. in my opinion, this is an insignificant
problem which can easily be addressed during the design stage.
The hydraulics of the drainage ways are well thought out, accurately computed,
and then apparently partially enclosed within a story drain conduit.
The lake offers an excellent opportunity to accomodate stormwater runoff from the
proposed subdivisiori in accordance with our storm water detention ordinance.
'1
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STAFF REPORT
AGENDA 5.1
TIG?RD PLANNING COMPIISSION
February 5, 1980 - 7:30 pm
Fouler junior High - Lecture Room
10865 5W Walnut. Street, Tigard
DOCKET: SPECIAL USE PERMIT, M 1-80 (Winter Lake) Ref. ZC 25-78, ZC 24-79)
APPLICANT: Mr. Russell A. Krueger OWNER: Mr. R. Krueger
4320 SW 110th Tax Lots 300/500/600
Beaverton, Oregon 97005 Mr. G. Scott
Tax Lots 601/602
11640 SW 135th
Ti Gard, Oregon 97773
APPLICATION
DATE: January 21, 1980
SITE
LOCATION: Adjoining the east side of 135th, 400' north of Morning Hill Drive,
5,400' south of Scholls Ferry Road and adjoining the west side of
130th (Wash. Co. Tax Map 151 33D, Tax Lots 300, 500, 600, 601, and
602)
REQUEST; FarSpecial Use Permit to locate street and private driveways in
the drainageway on portions of the Winter Lake Planned Development
and Subdivision.
PREVIOUS ACTION:
On August 21, 1979, the Planning Commission approved the request by applicant for
a subdivision and Preliminary Planntx d Dever iment with conditions. (See the last
gage of the applicant's Sensitive Lands Permit Report.)
I. FINDINGS OF FACT:
1. The applicant's report addresses the issues of floodplain, drainageway impact
and emergency vehicle access.
2. The study (see attached book) indicates that the drainageway
will be incorporated with the submerged storm drainage
system. The request to place streets and private drive over the drainageway
is permitted with certain requirements as stated in Section 18.57.040 of the
Tigard Municipal Code.
3. The report calculates the estimated runoff peak periods from the east and west
basins. Both areas will not be adversely affected with the road improve=eats.
i.
C, `
STAFF PE PORT
AG:`IDA 5.1
TIGA_RD PL_ANNUNG COLLMISSION
February 5, 1980
M 1-80
gage 2
4. Page 14 of the report addresses the emergency vehicle access. However,
since response by the Washington County Fire Department District 1 was not
recei-ved prior to this staff report, this issue shah' be addressed as part
of the general plan review.
5. Page 10 (Conclusions) states the adjustments to the preliminary plan that were
muad.e to accomodate_ the sensitive lands areas,
6. The letter (page 5) from the Corps of Engineers is sufficent data to dispell
the concern that any of the subject site (other than the pond area) is in
the floodplain.
II. CONCLUSIOMAP.Y FDID.INGS:
1. See the Public Warks Director's Memo dated January 24, 1980 in reference to
the applicant's Special Use Permit.
2. The request and supportive data submitted by the applicant have adequately
t' aaet the Sensitive Lands Ordinance.
LII. STAFF RECOMtENDATION:
Staff recommends approval of the Special Use Permit subject to the following
conditions:
1. That the question of emergency vehicle access be resolved at the General Plan
and Program Hearing.
2. That site and public drainage construction plans be approved by the Building
and Public Works Departments prior to issuance of Building Permits or Bonds.
3. 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.
4. That the proposed drainage system shown on this application be added to the
general plan.
i
Prepared b Ken' elby Approved by (,award
As:s to City Planner lana ng Director
a