Ordinance No. 81-24 f
6:- a
CITY OF TIGARD, OREGON
ORDINANCE NO. 81-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A
COMPREHENSIVE PLAN REVISION TO THE 1979 NPO ;#7 PIAN MAP OF THE CITY
OF TIGARD DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. CPR F
5-81 (Gallo 's Vineyard)
PLANNING DEPARTMENT REFERENCE INFORMATION
Tax Map 1S134DC, - Tax Lot 2900, - Project Address S .E. Corner of S .W.
Tigard & 113th Avenue - File Number CPR 5-81. , - Present zoning design-
ation R7,- Zone changed to R5, - Applicant Herb Mor.rissette .Builders,
7470 S .W. 75th, Tigard, Oregon
THE CITY OF TIGARD ORDAINS AS FOLLOWS
*` SECTION 1 : Finding that the lands hereinafter described are now class-
ified R7 , and further findings that pursuant to procedures ,
the abovestated application for a Comprehensive Plan Revision was pre-
sented at a public hearing held by the Tigard Planning Commission on
April 7, 1961 . All interested persons were afforded an opportunity to
be heard at this public hearing. Therefore, the Council adopts the
following substantive finding: '
A. That the proposed zoning is compatible with the surround-
ing neighborhood as determined by the '.Tigard Planning
'x Commission.
SECTION 2: Therefore, pursuant to the requirements of Chapter 13.88
of the Tigard Municipal Code, this request for a Comprehen-
sive Plan Revision of the NPO #7 Plan Map of the City of Tigard is here-
by approved subject to provisions of Chapter 18.20 of the Tigard
Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attach--
ed and made a part of this Ordinance. The zoning designation of the
subject property is hereby changed to R.5.
Exhibit "A": Legal Description - Exhibit "B": Tax Map -
Exhibit "C": Staff Report
s,
And further subject to the following conditions:
1 . Applicant to petition_ to vacate .13th and re-plat alignment to serve &:
development. Elimination of the eight (8) proposed driveways to
113th will be accomplished when applicant applys for subdivision
review under Chapter 17 of the Code. _
2. Re--plat to show separate 50010 square foot, lots and commonwall
development configuration. Single family to the west, attached '
<: units to the east.
ORDINANCE No. 81-
CPR 5-81
3. A nonremonstrance agreement be made a portion of each deed for
each parcel on the plat for the future -improvement of S.W. Tigard
Street,
4. Applicant shall apply for subdivision review under. Chapter 17 of
the Tigard Municipal Code .
5. 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.
6. 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 .
7 . Grading and construction plans for all work in public rights-of-
way and all other public improvements shall be prepared by a
registered professional engineer in accordance with City standards,
and shall be submitted to the Public Works Department for review.
All public improvements will require a compliance agreement and
must be (design) approved by the Public Works Department, and must
be either (1) fully and satisfactorily constructed prior to the
recording of any minor land partition, public dedication, final
plat, or issuance of Building Permits ; or (2) bonded to the City
for 100% of the estimated cost thereof prior to the recording of
any minor land partition, public dedication, final. plat, or
issuance of Building Permits.
8. All proposed utilities shall be placed underground. Street light-
ing installations shall be approved by the Public Works Department.
9. A metes and bounds legal description and map shall accompany a
dedication of public rights-of-way, parks, open space or floodplain
areas and shall be prepared by a registered engineer or land
surveyor.
10. A City of Tigard approved nonremonstrance agreement must be recorded
by Washington County and returned to the City of Tigard Planning
Department before issuance of Building Permits or change of pro-
perty ownership.
11. All street and parking areas shall be concrete or asphalt. All
sidewalks shall be concrete.
12. No minor land partitions shall be made in reference to this project
unless formai application is made to the City of Tigard Planning
Department and the minor land partition is approved and recorded.
SECTION 3 Inasmuch as it is necessary to the peace, health, and safety
of the public that the foregoing zone change in the City' s
records become effective, an emergency is hereby declared to exist , and
this ordinance shall be effective upon its passage by the Council and
approval by the Mayor.
ORDINANCE No. 8 i- g
CPR 5-81
yF
PASSED: By .aYl1
. .�0.1 vote of all Council members present
thi!.[s 7� day of April, 1981, after being read two
times -uy"nu6lUer and title only.
i
Recorder - City bf T ig r
4.
APPROVED: by the Mayor this _�� � day of April , 1981.
Mayor -- City or Tigard 1-
�r
ORDINANCE No 81-
CPR 5-81
Page 3
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4
EXHIBIT "A"
Order No. 331143
Lots 7, 8, 9 and 10, CHERRY HILL ACBE TRACTS, Washington County,
Oregon, EXCEPTING THEREFROM the North 220 feet of Lot 10;
ALSO EXCEPTING THEREFROM the following described parcel:
a Beginning at the intersection of the East line of said Lot 7 with the
South right of way line of SW Tigard Street and running thence South
along the East line of Lot 7 a distance of 100 feet to a point; thence
West parallel with the South line of SW Tigard Street a distance of 80
feet to a point; thence North parallel with the East line of said Loi
7, a distance of 100 feet to a point on the South line of SW Tigard
Street; thence East along the South line of SW Tigard Street a distance
of 80 feet to the point of beginning,
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STAFF REPORT
AGENDA 5.5 '
TIGARD PLANNING COMMISSION
APRIL 7, 1981 - 7:30 p.m.
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
NO SUBMISSION OP ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE
PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. .SHOULD THIS OCC?.R,
UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING.
+
l DOCKET: COMPREHENSIVE PLAN REVISION, CPR 5-81 (GALLOS VINEYARD R7
R5
4 TO ) NPO #7
APPLICANT: HERB MOMSETTE BUILDERS OWNER: James & Anna Gallo
7470 SW 76th Avenue C/O HERB MORISSETTE BUILDERS
Portland, Oregon 97223
REQUEST: For a Comprehensive Plan Revision from City of Tigard
R7 "Single Family Residential" to City of Tigard R5 "Single
Family Residential" to build single family attached homes.
SITE LOCATION: SE corner of SW Tigard and SW 113th (Washington County
Tax Map 1S1 34DC, Tax Lot 2900)
PREVIOUS ACTION: Subdivision, S 11-76 and Subdivision, S 21-77 files for
Gallos Vineyard
STAFF NARRATIVE:
Gallos Vineyard has been with us since 1976. In the final analysis we are
at this point because of economics and delays. The applicant could construct
duplexes on 1000 square foot lots in an R7 Zone under a Conditional Use
granted by the Planning Commission, however, Staff feels that the Conditional
Use is for one or two units and not for extensive density increases. Hence,
this Comprehensive Plan Revision.
Staff has reviewed the preliminary plat of the applicant and has suggested
a vacation and re-plat of 113th Avenue. The flag lot configuzations are
not appropriate. 113th could be repla tted as a portion of this subdivision
and should continue around to the west to connect with 113th Place eventually
when Mr. Globkee develops the south.
The major issue is density. The surrounding property is open to the east,
developed R7 to the west, one single family home on a large parcel to the
north, and undeveloped to the south, except for one old house just out of
the Fanno Creek floodplain. Staff suggests detached single family units on _
5000 square foot lots along the western side of 113th and attached units
(duplexes) on the eastern side of 113th. This mix would allow a reasonable
density increase and would not seriously change the character of the area.
FINDINGS OF FACT:
1. Lard presently is under the Compxehensive Plan designation of W. Change
£, requested to R5.
2. Sewer and water service are available to the site.
t
STAFF REPORT
AGENDA 5.5
TIGARD PLANNING COMMISSI(iiv
APRIL 7, 1981 "
Page 2
3. 113th is gravel and unimproved.
4. R7 Zone to the west is fully developed. The impact of attached single
family dwellings proposed could be met if mitigated by the w .alignment
of 113th and landscaping.
5. 113th will have to be vacated and realigned.
CONCLUSIONARY FINDINGS:
1. Increasing the density by use of commonwall duplex construction is
appropriate on 5000 square foot lots. A single family, duplex mix
could be used to retain the character of the area.
2. Full street public improvements to 113th will be made to serve this
development and future development to the south will connect to 113th Place.
STAFF RECOMMENDATION:
Staff recommends RI!roval subject to the following conditions:
1. Applicant to petition to vacate 113th and re-plat alignment to serve
development. Elimination of the eight (8) proposed driveways to
'., 113th will be accomplished when applicant applys for subdivision; review
under Chapter 17 0£ the Code.
2. Re-plat to show separate 5000 square foot lots and commonwall development
configuration. Single family to the west, attached units to the east.
3. A non.remonstrance agreement be made a ,portion of each deed for each
parcel on the plat for the future improvement of SW Tigard Street.
4. Applicant shall apply for subdivision review under Chapter 17 of the
Tigard Municipal Code.
S. 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.
6. No changes will be made to approved plans or specifications unles-3 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.
7. Grading and construction plans for all work in public rights-of-way
and, all other public improvements shall be prepared by & registered
professional engineer in accordance with City standards, and shall be
submitted to the Public Works Department for review.
.: All public improvements will raquire a compliance agreement and must
be (design) approved by the Public Works Department, and must be eit::er
(1) fully and satisfactorily constructed prior to the recording of any
minor land partition, public dedication, final plat, or issuance of
Building Permits; or (2) boned to the City for 100% of the estimated
cost thereof prior to the recording of ,any minor land partition, public
dedication, ;final plat, or issuance of Building Permits.
• STAFF REPORT
'r`• AGENDA 5.5
P . TIGARD PLANNING C4 ;SION
APRIL 7, 1981
Page 3
8. All proposed utilities shall be placed underground. Street lighting
installations shall be approved by the Public Works Department.
r";, A metes and bounds legal description and map shall accompai-y a dedication 4
of public rights--of-way, parks, open space or floodplain areas . and
shall be prepared by a registered engineer or land surveyor.
10. A City of Tigard approved nonremonstrance agreement must be recorded by
Washington County and returned to the City of Tigard Planning Department
before issuance of Building Permits or change of property ownership.
11. All street and parking areas shall be concrete or asphalt. All sidewalks
shall be concrete.
12. No minor land partitions shall be 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. ',
oward
ping Director
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