Ordinance No. 80-81 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 80- -
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT
TO THE 1970 MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
GOLF CREEK ESTATES _
PLANNING DEPARTMENT REFERENCE INFORMATION:
Tax Map 2S1 15A, Tax Lot 1500, Project Address southwest corner of SW 108th
and SW Durham Road, File Numbers S 6-79 and ZCPD 25-80, Present Zoning
Designation R-7 "Single Family Residential", Zone changed to R-5PD "Single
Family Residential Planned Developt;ant District, Applicant Mr. Michael Elton_
AMFAC MORTGAGE CORPORATION
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: Finding that the lands :"^ereinafter described are now classified
as R-5PD "Single Family Residential Planned Development District,
and further findings that pursuant to procedures, hearing held by the Tigard
Planning Commission on September 2, 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 ccnformance with the R-5PD "Single
Family Residential Planned Development District designation on
the NPO #6 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",
and "C" attached and made a part of this Ordinance. The zoning designation
of the subject property is hereby changed to R-SPD "Single Family Residential
Planned Development District".
Exhibit "A" Legal Description, Exhibit "B": - Tax Map, Exhibit "C": -
Staff Report
And further subject to the following conditions:
i. Property be developed as a Planned Development 'District.
ORDINANCE 80- [Z�
S 6-79
ZCPD 25-80
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2. Sewer easement be granted to Unified Sewerage Agency or City of Tigard
to allow construction of sanitary line through this parcel.
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3. Twenty-five (25) feet right-of-way be dedicated on entire north property
line on Durham Road, plus an additional fifteen (15) foot slope easement
adjacent to the south line of the forty-five (45) foot half right-of-way
of SW Durham Road and within the limits of the one-hundred (100) foot t
drainageway easement. Five (5) feet be dedicated on 108th Avenue on
entire eastern property line.
4. Non-remonstrance agreements be made a portion of the final plat and
this condition be made part of each deed for SW Durham Road. t
5. Drainage-way be cleared of all noxious vegetation and dead material t
under the direction of the Publit., Works Director.
6. Half-street improvements shall be made on 108th Avenue prior to the
issuance of Building Permits.
7. A temporary access to Durham Road shall be allowed until property to
the south and west develops to allow future access to SW 113th Avenue.
8. "Temporary turnaround easement" be granted to the City. Easement to
be terminated when temporary access to Durham Road is terminated.
9. Street plug to be installed on half-street shov..m on plan as 110th Avenue.
Street improvements to be made on right-of-way to include curbs, gutters,
storm drains, sidewalks, and paving. Cul-de-sac (one-half) to be installed
at Lot #2 just south of Durham P.oad. Temporary access to be approved
by Public Works Director. A cash bond sufficient to vacate the easement,
restore, and landscape the access area according to the specifications,
and plans to be submitted with half-street -mprovement plans shall be
provided.
10. A restriction shall appear as a part of the final plat indicating that
each parcel owner shall not remonstrate against the future formation
of a .Local Improvement District to improve Durham Road.
11. All conditions under Title 17, Tigard Municipal Code, shall be adhered
to in filing the preliminary and final plat for review by the various
departments of the City. _<
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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. �
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13. Grading plans and construction plans on all public rights-of-way shall
be submitted . and approved by the Public ;forks Director prior to commencement
of work. Street improvements be constructed to the approval of the
Public Works Director prior to the issuance of Building Permits.
14. Public water service and sanitary service shall be installed to this
site prior to the issuance of a Building Permit.
ORDINANCE NO. 80-
S 6-79JZCPD 25-80
Page 2
_ 15. All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
16. No Building Permit shall be issued until the expiration of the twenty
(20) day appeal period from the date of approval.
17. All existing easements recorded with this parcel shall be reviewed
with applicant and the City prior to filing of a preliminary plat.
18. All land within the sensitive lands area shall be subject to an easement
for greenway purposes.
SECTION ,z This ordinance shall be effective immediately after its passage
by the Council and approval of the Mayor.
PASSED: By(AnAM; nau5vote of all Council members present this -fill
day of Q e- 198c� , after being read two times
by number and title only.
Pro-reir,, carder - City of Tigard
APPROVED: By the Mayor this 3�ih day of loctoLer � 198c�,
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Mayor - City of-Tigard
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ORDINANCE NO. 80
679/CCPD 25-80
Page 3
The sketch below is made solely for the Purpose of assisting in locating said Premises and the C.ompany,assumes
no liability for variations,if any,in dimensions and location ascertained by actual survey.
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DESCRIPTION SHEET
See page 1 for vesting and encumbrances.if any.
' Description of the tract of land which is the subject of this report:
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The East cine-half of Lot 26, WILL01 BP OOK FAMI, Washington
County, Oregon.
ALSO, beginning at the Northeast corner of the West cane-half
of said Lot 26,E from which an iron ,pipe is set 20 feet South,
thence South, 890 52' West 115.45 feet, thence South parallel
with the Eastern boundary of said Test one-half (at 27 feet an iron
pipe is set at roadside) 377.2 "deet to an iron pipe on South
{ brundary of said lot, thence East 115.45 feet to the Southeast
corner of said meat one^-half of Lot; thence 13orth 377.45
feet ,to the point of beginning. EXCEPTX G the South
100 feet of the East half of said Lot.----------
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Report Pio.
34-A-88019
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
September 2, 1980 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
No submission of additional material by applicant shall be made at the Public
quested to do so. Should this occur,
Hearing unless the applicant is re
unrequested, the item will be tabled until the following Hearing.
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DOCKET: SUBDIVISION, S 6-79/ZONE CHANGE PLANNED DEVELOPMENT, ZCPD25-NPO60
(Golf Creek Estates)
APPLICANT: Mr. Michael Elton OWNER: SAME
AMFAC 6IORTGAGE CORPORATION
500 NE Multnomah, Suite 380
?ortland, Oregon 97232
REQUEST: Resubmittal of a Subdivision application with a Zone Map `z
Amendment from City of Tigard R-7 "Single Family Residential',
to City of Tigard Comprehensive Plan designation R-SPD
"Single Family Residential Planned Development District" Zone.
LOCATION: Southwest corner of SGT 108th and Sri Durham Road (Wash. Co.
Tax Map 2S1 15A, Tax Lot 1500) .
PREVIOUS ACTION: k
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On June 22, 1978, Mr. Elton applied for a Zone Change (ZC 16-78) from
Tigard R-7 "Single Family Residential"
Washington County RS-1 to City of
and Conditional Use (CU 1&-78) for a retirement center - Wedgewood. On
September 5, 1978, the Planning Commission approved the Zone Change to 4
R-7, but denied the Conditional Use for the retirement center. (Reference
Ordinance No. 78-66, Zone Change to R-7) .
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A second application was made to construct duplexes on this parcel. (Reference .
Conditional Use, CU 1-79) The Planning Commission denied this request on
{:
March 6, 1979. s
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On June 11, 1979, Mr. Elton applied for an eleven (11) lot subdivision on
the parcel - Golf Creek Estates. .On July 17, 1979, the Planning Director
s for this action centered around the
denied the preliminary plat. Reason ;
access to Durham Road, and the drainageway through the parcel.. On July 27, 1979,
Waker and Associates, on behalf of the dereloper., Mr. Elton, appealed the
decision of the Planning Director.
Several changes had taken place at the Planning Commission and City Council
level during the time that this parcel was being processed through various
applications. The Sensitive Lands Ordinance had been passed and the zoning
designation" for the parcel had been changed to single family residential R-5
on the comprehensive Plan Map. Because of these changes, the Planning
Director notified the applicant that a Planned Unit Development designation
was necessary and that a Sensitive Lands Permit was required for any work
in the drainageway. The applicant stated his reluctance to do this in a
letter dated October 25 1979.
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STAFF REPORT
AGENDA 5.2 - S 6-79/ZCPD 25-80
TIGARD PLANNING COMMISSION
September 2, 1980
Page 2
On December 4, 1979, the Planning Commission heard the appeal and upheld the
Planning Director's denial of the subdivision preliminary plat. Applicant
appealed this decision to the City Council. On January 28, 1980, the City
Council heard the appeal and upheld the Planning Commission's denial of
Subdivision, S 6-79, Golf Creek Estates.
In February 1980, the Land Use Board of Appeals was notified that Mr. Elton
had challenged the City of Tigard's decision= Through negotiations with the
applicant and several legal people, Staff has agreed to return to the
Planning Commission for one more review.
Several issues need to be addressed. Access to Durham Road will be "temporary"
until a street is constructed to serve property to the south. Mr. Elton _
obtained an agreement from Mr. Lamkin which states that he, Mr. Lamkin, does
not object to the half-street development, will dedicate and improve the
half-street on Tax Lots 1300 and 1600 at his time of development, and does
agree to the "temporary" access to Durham Road at a cul-de-sac.
Harris-McMonagle Associates has applied for a Sensitive Lands Permit to
construct a sanitary sewer line through this property from the south to
the Durham Road Pump Station at 108th Avenue. Staff has conditioned this
Permit to protect significant vegetation (trees) on this parcel and provide
erosion control during and after construction.
Staff's major concern is protection of the drainageway through this project.
The applicant has provided a Declaration of Conditions and Restrictions
for Staff review. Several questions need to be answered concerning this
document if the intent of the drainageway protection (maintenance) is to
be carried out.
The applicant has agreed to dedicate fifty (501) feet on either side of the
stream bed as open space. However, lots still include portions of the
sensitive lands (slopes) . As this area has been Zoned R-5 (5000 square foot
lots) , it is possible to lot out of these sensitive areas and form a
Homeowners' Association for the entire greenway/drainage area. The applicant
has not agreed to do this. In the Declaration of Conditions and Restrictions,
the following appears...."shall take title subject to such general scheme
and plan, even though no reference to such plan shall be made in the deed of
conveyances as to any such successor,". No deed restrictions are therefore
placed on the future owners, plus "The slope control areas of each lot and
all improvements in them shall be maintained continuously by the owner of the
lot, except for those improvements for which a public au°rhority or utility
company is responsible":
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STAFF REPORT
AGENDA 5.2 - S 6-79/ZCPD 25-80
TIGARD PLANNING COMLISSION
September 2, 1980
Page 3
owners' maintain entire
It is the intent of the Chave
Individualmowners cannotinsure ecoopezatian r
greeenway on the entire parcel.
rm is
or
and, therefore, we anticipate future difficulties) terms.e '1`hisf is not
twenty-five (25) years with renewable ten (10) Y
deed restrictions be placed on each
acceptable - Staff suggests that
ement be initiated which clearly addresses the
parcel and that a Homeowners' Agre
concerns of the City.
I. FINDINGS OF FACT:
1. Land is presently zoned R-5 "Single Fpaicelly Ralmost tinlcomprehensive
half north to south.
Plan. A large drainageway cuts this p
A Planned Unit Development (PD) designation is mandated by Ordinance
No. 79-73 (Sensitive Lands Ordinance) .
2. Sewer service to this property is possible when the gravity line from
the pip station at 108th and Durham Road south to the Tualatin
Interceptor is complete. Construction of this line is being held up by
this applicant's refusal to grant an easement through this property.
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3. Applicant has agreed to set aside fifty (50') feet on either side of the
centerline of the drainageway. This area is to be cleared of all noxious
vegeta is to be maintained through
tion and dead plant materials. Ar
a Homco,. :ers' Agreement.
along
t of right
4. 108th Avenue is substandard.
Five
Gity,withehal.f-streetol
improvements being
will need to be dedicated to the
made during construction.
5li Durham Road will be iaagarovenorth in propertyhe near line ewi.11l betdedicated 5to the
feet of frontage along thep
city to provide forty--five (459 feet from centerline for public improvements.
this
g to the
6. A non-remonstrance agreement
�inthepfuture�onThesenagreements
formation of a Local Improvement Districtear on the recorded plat.
will be recorded for each lot and shall app
7. Ahalf-street improvereent isplanned
Road A property western
ne with
temporary access to Durham
a, cul-de-sac just south of Durham
south develops and a street can
.. ..Road will exist until property to the s
o 113th Avenue. Emergency
be built through adjoining properties t
vehicle concerns need to be addressed.
B. Portions of several lots include areas identified as sensitive lands,
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STAFF REPORT
AGENDA 5.2 - S 6-79/ZCPD 25-80
TIGARD PLANNING CObLMISSION r
September 2, 1980
Page 4
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9. Applicant has not agrees] to develop under the Planned Development
.District (PD) designation.
II. CONCLUSIONARY FINDINGS:
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1. Sewer service can be provided if this prope-ty owner agrees to grant an i
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easement to the Unified Sewerage Agency or the City to allow construction.
2. A temporary access to Durham Road can be constructed. Adjoining property
owner (Mr. Lamkin) has agreed with the proposal. The Fire Marshall's
concerns over er,-.7-rgency vehicle turnaround is still an issue.
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3. Parcel should be Zoned R-SPD. The R-5 designation would allow the City {
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to protect more of the sensitive land (slopes) areas and still allow _
maximum development.
4. The Homeowners' Agreement should be changed to a perpetual document
to run with the land, and all homeowners should share collective
Ex maintenance responsibilities.
I11. STAFF RECOMMEtNDATION:
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Staff recommends akp roval subject to the following conditions:
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1. Property be developed as a Planned Development District, t
2. Sewer easement be granted to Unified Sewerage Agency or City of Tigard to
allow construction of sanitary sewer line Lh.rough this parcel.
3. 'Twenty--five (251) feet right-of-way be dedicated on entire north property
dine on Durham Road, plus an additional fifteen (15') foot slope easement
adjacent to the south line of the forty-five (451) foot half right-of-way
of Ski Durham Road and within the limits of the one-hundred (1001) foot
drainageway easement. Five (51) feet be dedicated on 108th Avenue on
entire eastern property line.
4. Non-remonstrance agreements be made a portion of the final plat and this
condition be made a part of each deed for SW Durham Road.
5. All lots be platted outside the sensitive land areas. A Homeowners'
Agreement (perpetual) be drawn which clearly states that each property
owner will share in the maintenance of this drainageway.
f. Drainageway be cleared of all noxious vegetation and dead material
under the direction of the Public Works Director.
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7. Half-street improvements shall be made on 108th Avenue prior to the
issuance of Building :Permits.
STAFF REPORT
AGENDA 5.2 - S 6-79/ZCPD 25-80
TIGARD PLANNING COMMISSION
September 2, 1980
Page 5
8. A temporary access to Durham Road shall be allowed until property to the
south and west develops to allow future access to SW 113th Avenue.
9. "Temporary turnaround easement" be granted to the City. .tt�
ary acc
10. Streetug to be installed on half-street shown on plan as 110th Avenue.
Street improvements to be made on right-of-way to include curbs, gutters,
storm drains, sidewalks, and paving. Cul-de-sac fone ralft t:, hA
installed at Lot #2 just south of Durham Road. Temporary access to be
approved by Public Works Director. A cash bond sufficient to vacate the
easement, restore, and landscape the access area according to the
specifications, and plans to be submitted with the half-street
improvement plans shall be provided.
11. A Homeowners' Agreement be prepared for the maintenance of the sensitive .
land areas to include brushing, tree pruning, etc. prior to issuance of
Building Permits. This Agreement shall be approved by the Public
Works Director and the City Council. This Agreement to be perpetual and
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to run with the land.
12. A restriction shall appear as a part of the final plat indicating that
each parcel owner shall not remonstrate against the future formation of
a Local improvement District to improve Durham Road,
13. All conditions under Title 17, Tigard Municipal Code, shall be adhered
to in filing the preliminary and final plat for review by the various
departments of the City.
14. 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.
15. Grading plans and cor,stxuction plans on all public rights-of-way shall
be submitted and approved by the Public„ Works Director prior to
commencement of work. Street improvements be constructed to the approval
of the public Works Director prior to the r gIa'-
ca..issuance of building permits.
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.
12.
STAFF REPORT
AGENDA, Sat - S 6-y9/ZCPD 25-80
TIGARD PLANNING COMMISSION
September 2, 1980
Page 6
Permit
shall be issued until the expiration of the twenty
18. No Building royal.
d20) day appeal period from the date of app
easEments recorded with this parcel shall be reviewed with f
19. All existing lat.
applicant and the City prior to filing of a pr�•limir_3zY P
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P3 ng Director