Ordinance No. 81-81 CITY OF TIGARD, OREGON
ORDINANCE N0. 81- 81
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE
PLAN REVISION TO THE 1978 NPO # 6 PLAN MAP OF THE CITY OF TIGARD DECLARING AN
EMERGENCY AND FIXING AND EFFECTIVE DATE. (Willowbrook)
PLANNING DEPARTMENT REFERENCE INFORMATION
Tax Map 2SI IOD, Lot(s) 500, 600, 700; Tax Map 2SI 10A, Lot(s) 4200, 4390, 4402, 4500
and 4600, - Project Address: SW Pacific Highway, 109th & Naeve, File Number: CPR 1-81
Present Zoning desagr_ation: see Exhibit "A'r, Zone changed to: A-12/20
Applicant: Treeland Investment, MDS, Investments.
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: Finding that the lands hereinafter described are now classified as outlined
in the Staff Report CPR 1-81, and further findings that pursuant to
procedures, the abovestated application for a Comprehensive Plan Revision was presented
at a public hearing held by the Tigard Planning Commission on July 7, 1981. All
interested persons were afforded an opportunity to be heard at this public hearing.
Therefore, the Council adopts the following substantive finding:
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A. That the proposed zoning is hereby changed to be compatible with
the surrounding neighborhood as determined by the Tigard Planning
Commission, and certain pertinent documents are hereby made a part
of the record.
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard
Municipal Code, this request for a Comprehensive Plan Revision of the
NPO # 6 Plan Map of the City of Tigard is hereby approved subject to provisions of
Chapter 18.24 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B",
"C" and "D", attached and made a part of this Ordinance. The zoning designation
of the subject property is hereby changed as outlined in the following exhibits.
Exhibit "A": Tax Map Exhibit "B": Staff Report
Exhibit "C": Findings submitted by applicant and made a part of Staff
Report CPR 1-81.
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.
PASSED: By vote of all Council members present this ,%TA day
of 1981, after being read two times by number and
title bnly.
LAK Recorder City of Tigard
APPROVED: By the Mayor this A.day of ����� c ., , 1981.
Mayor - City of Tigard
4/24/78 �>
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ORDINANCE NO. 81- 81 CPR 1-81
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STAFF REPORT
Ac -NTD. r:o. 5. 3
TIGARD PLANT NL ING CONL IISSION
July 7,1981 - 7:30 P.M.
Fa,,ler Junior High - Lecture ROM
10865 S14 6aTalnut Street, Tigard
NO SUBMISSION OF ADDITIONAL MATE..PLU BY APPLICANT SHALL BE MADE AT THE
PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS
OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE F91XG7ING HEARING.
DO0-73T: REZIAND
Cyj;16UENS1-VD;:PLAN REVISION CPR 1-81 NPO # 6
Willoubrook - Canterbuxy Heights
To Resolve the Density Considerations
From City Council to Planning Cxcmission
APPLICANT: Gramco Development Co
4730 SW Macadam
Portland, OR 97201
OWNER: Treeland Investrrents Aase Husvar
4730 SW Macadam 12995 SW Pacific Hwy
Portland, OR 97201 Tigard, OR 97223
Jorn Peterson Wilcox.Erickson & Western Cc
13455 SW Creer R 4 Bax 274
sm
Tigard, OR 97223 Sherwood, OR 97140
William Sanders PSS Investrents
23256 Fonts Road NE 750 Benjamin Franklin Bldg
Aurora OR 97002 Portland, OR 97258
SITE LOCATION: Br# ween Naeve Road to the South and Evangle Cemetary on the
North, Highway 99W to the West and 109th Avenue to the
East.
Washington County Tax Maps 2S1 10A Lots 4200, 4390, 4402.,
4500 and 4600; and 2S1 10D Lots 500 and 600.
P.k;EVIOUS .ACTION
On March 3, 1981, the Planning CoT ission approved CPR 1-81. The primaxy
concern of the Camiission was that they be assured of review of all
develont in this particular area with reference to density.
The City Council reviewed CPR 1-81 on March 23, 1931, 1 remanded the
issue to the Planning Ccami.ssion for density review. It was -the opinion
of the Council that t-wanty (20) units per acre tr:s e�--r-essive in xelation to
AY , properties included in this request.
1.
STAFF IEPORT
AG ,NTDA A'O. 5.3 f
TIGARD PL4NNING CQN ISSION
July 7,1981
CPR 1-81
Page 2 of 3
STAFF NARRATIVE
As proposed the following changes in the Comprehensive Plan -
NPO T 6 Plan would be in effect if the Planning C .massion
,approves. The only change frau the original application is for lot
50? o` t��p 2S1 100 -Prem A-20 L__Lfumi 1v F'^s clential" to A-12 P-D
11 LL,jti.-family residential Planned Unit Developaent". {
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FINDINGS CF FACT:
1. Map 2Sl 10A
bots 4200 '& *4390. Treeland Investment. Present zoning Washington
County RU-4. 12.10 acres. NPO # 6 designation, three (3) units
per acre. Comprehensive Plan Revision request to A-12 PD.
E Lot 4402. A. B. Husvar. Present zoning Washington County MI-4.
4�s. NPO # 6 designates three (3) units per acre. Comprehensive
Flan Revision request to A-20 PD.
'Lot 4500. v. L. & S. Petersen. Present zoning Washington County
RU-4. 1.24 acres. NPO # 6 designates three (3) units per acre.
Comprehensive Plan Revision request to A-20 PD.
Lot'4600, Wilcox Erickson & Westain Corp, Present zoning Washington
County RiJ-4. .76 acres. NPO n 6 designates three (3) units per
acre. Compxehensive Plan Revision request to A-20 PD. Annexation
petition subnd,tted_
Mp,p 2S..-10D -
'Lot 500. .KIDS JnvesLnents, Inc. Present zoning Washington county
RU-4. 30.27 arses. NPO # 6 designates bio (2) units .(north) and
eight (8) units (south) ccaprehensive Plan Revision request -to
A-12 PD.
'16t-'600. W. B. & C, M. Sanders. Present zoning Washington
County RU--4. 8.27 acres. NPO # 6 designates two (2) units (north)
and eight (8) units (south) , Comprehensive Plan Revision request
-to A-20 PD. Annexation petition submitted.
�- Map..2S1 10A.-
'Lots 4400 &'4401. These lots were annexed in 1979. No Tigard Zone
des gnatxon has-been applied for. firs. Andersm is not.participating
in this application.
Map 2S1 10D -
Lot 700. Torr George could not be found. Prorfir-bi not included in this
Proposal.' Property outside City. No annexation petition received.
STAFF REPORT
AGENDA NO. 5. 3
TIGARD PLANNING CCEMISSION
July 7,1981
CPR 1-81
Page 3 of 3
2Sl 10A - _
Lots 4100 & 4201. Mr. Am-:and did not wish to participate in this
application.
The \TPO T 6 Plan n for this area shwas density d sigriations ern rertz'Qd
above. Applicants are requesting the ccampreherisive Plan Revisions
enumerated above.
2. A copy of NPO # 6 Plan is made as EXhibit "B" to this Staff Report.
moments on this Plan relative to this application are made in a general
statement as follows:
1. The density issue (Policy 1-2) which is addressed in the MPO Plan
is the main issue. The applicants are requesting increased densities_
The NPO Plan addresses the conditions to be net for development.
(Policy 3 - 4 - 5 -- 6 - 7 - 8)
2. Public services: .Seer is available north to serve lots 4200 and
4390. Tualatin Development Inc. will install a line to 109th and
Naeve Street to serve Summerfield XIV. Major street improvements
eviil i��ade as develvpiient takes place. All proposed developn,nt
will be as Planned Developments under Chapter 18.56 of the Tigard
Municipal Code.
3. The Pl&nned r,--veloprent (PD) designation allows a prelimb-lary and genera
plan review before the Planning Carunission, and the City Council must
approve final plans. Ample provisioar-is is rude for public cc,-m.
4. NTO # 6 Pian was approved by the council on April 24, 1978 by Ordinance
No. 78-27. NPO 1 6 has not met formally since prior to September 1972.
The last coa nt received by Staff frcan NPO # 6 was in response to
Staff Report CPR. 4-79 in the form of a letter from Nr. McPhillips,
NPC) # 6 Chairperson.
L3STAFF REC�ATION:
All develodarr,nt on these lots shall be brought before the Plannax;g Ccuxnissia-�
as Planned Unit Developments and that the density in each case be revie%-ed
a portion of these review processes.
ze raxd
Hing Director
Exk1® o
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TIGARD CITY COUNCIL
Comprehensive Plan Revision CRR 1-81
Findings
1. The applicants, Treeland Investments, Inc. ,
Aase Husvar, Jorn Peterson, Wilcox Erickson and Western Corp. ,
William B. and C. M. Sanders and MDS Investments , Inc. , request
that the official comprehensive plan description for the land
be changed from suburban low density designation to urban medium
density residential designation and that the land be zoned
A-12PD and A-20PD. The applicants have supplemented their '
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application with documents entitled Plan Amendment/zone...
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Change, Willowbrook Farm/Canterbury Heights, dated February
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1981; and Graphic Supplement thereto dated May 1981; copies
of which are incorporated herein by reference as Exhibits A and
B.
2. An application complying in all respects with
all requirements of the planning and zoning code of the City
of Tigard seeking such a comprehensive plan revision and zone
change has been received.
3. The applicants have paid the proper fee for the
filing of such an application.
4. The notice and public hearings requirements
(r have been complied with in accordance with law.
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5. The land that is the subject of this proposed
plan revision and zone change (hereinafter called "the land")
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is described and zoned as follows:
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Z
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Map 2 S 1 10A -
Lots 4200 & 4390. Treeland Investment. Present zoning
Washington County RU-4. 12.10 acres. NOP # 6 designa-
tion, three (3) units ger acre. Comprehensive Plan
Revision request to A-12 PD. ?
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Lot 4402. A. B. Husvar. Present zoning Washington '
County RU-r. .54 acres. NPO # 6 designates three (3)
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units per acre. Comprehensive Plan Revision request
C'
to A-20 PD.
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Lot 4500. J. L. & S. Peterson. Present zoning
g.,
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Washington. County RU-4. 1.24 acres. NPO # 6 designates
threepe
3) units r acre. Comprehensive Plan Revision
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request to A-20 PD.
Lot 4600. Wilcox Erickson & western Corp. Present
zoning Washington County RU-4. .76 acres. NPO # 6
designates three (3) units per acre. Comprehensive
Plan Revision request to A-20 PD. Annexation petition
submitted.
Map 2S1 10D
Lot 500. MDS Investments, Inc. Present zoning Washington
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County RU--4. 10.27 acres. NPO # 6 designates two (2)
units (north) and eight (8) units (south). Comprehensive
Plan Revision request to A-12 PD.
Lot 600. W. B. & C. M. Sanders. Present zoning
Washington County RU--4. 8.27 acres. NPO # 6
designates two (2) units (north) and eight (8) units
(south) . Comprehensive Plan Revision request to A-20
PD. Annexation petition submitted.
Map 2S1 10A -
Lots 4400 & 4401. These lots were annexed in 1979. No
Tigard Zone designation has been applied for. Mrs.
Anderson is not participating in this application.
Map 2 S 1 10D -
.Lot 700. Mr. George could not be found. Property not
included in this proposal. Property outside City. No
annexation petition received.
2S1 10A
Lots 4100 & 4201. Mr. Annand did not wish to participate
in this application.
The NPO # 6 Plan for this area shows density designations
enumerated above. Applicants are requesting the
Comprehensive Plain Revisions enumerated above.
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6. A copy of NPO # 6 Plan is made as Exhibit "B" to
the Staff Report. Comments on this Plan relative to this
application are made in a general statement as follows :
1. The density issue (Policy 1-2) which is
addressed in the NPO Plan is the main issue.
The applicants are requesting increased
densities. The NPO Plan addresses the con-
ditions to be met for development. (Policy 3 -
4 - 5 - 6 - 7 - 8)
2. Public services : Sewer is available north to
serve lots 4200 and 4390 . Tualatin Development
Inc. will install a line to 109th and Naeve
Street to serve Summerfield XIV. Major street
improvements will be made as development takes
place. All proposed development will be as
Planned Developments under Chapter 18.56 of the
Tigard Municipal Code.
7. The Planned Development (PD) designation allows
a preliminary and general plan review before the Planning
Commission, and the City Council must approve final plans.
Ample provision is made for public comment.
8. NPO # 6 Plan was approved by the Council on
April 24, 1978 by Ordinance No. 7837. NPO # 6 has not met formally
since prior to September 1978. The last comment received by
i Staff from NPO # 6 was in response to Staff Report CPR 4-79 in
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the form of a letter from Mr. McPhillips, NPO # 6 Chairperson.
9. All but two parcels of the land are within the
existing city limits of Tigard. Annexation proposals for the other
two parcels (tax lots 2S1 10A 4600 and 2S1 10D 600 ) are now
pending before the Metropolitan Boundary Commission.
10. The proposal is consistent with the policy state-
ments in Neighborhood Plan 6 encouraging preservation of
natural features by .clustering development in planned develop-
ments with open space.
11. The land is adjacent to and served by S. W. Naeve.
Street, by minor collector street Canterbury Lane and by the
major arterial Pacific Highway.
12. The City of Tigard Comprehensive Street- Plan
provides that S. W. 109th Avenue will connect with Canterbury
Lane.
13. After the proposed comprehensive plan revision
and zone change any proposed development on the land will be
subjected to further staff and public review in the
planned development process. There is no street, road or traffic
pattern that is submitted for approval at this time. Any pro-
posed streets or roadways including prospects for ingress and
egress to the development on the land will be submitted for
review and approval. Any traffic problems that might appear
should be addressed at that time. The major traffic accesss to
the land should be at the intersection of Beef Bend Road and
Highway 99 and traffic access from the land to 109th Avenue
should be deemphasized.
14. The land is near and located conveniently to
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commercial centers at Canterbury Square, Summerfield/King City,
Tigard City Center and Tigard Fred Meyer and Pay Less stores.
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15. it is the policy of the City of Tigard to locate
multi-family residential housing on collector and major streets
near and convenient to commercial centers.
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16. The land is near and convenient to public schools,
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parks and recreation, public transportation, local and regional
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commercial centers and employment centers.
17. It is the policy of the City of Tigard to require
land developers to pay the cost of extending water and sewer
service and streets to the developed property.
18. The costs of extending necessary sanitary sewer,
storm sewer and water service to the land will make the land
uneconbmi.cal to develop if the if the densities designated in
the existing comprehensive clan and zoning are maintained.
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19. If the permitted density of the land remains
as it is now designated in neighborhood plan 5 the land will
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probably not be developed in the foreseeable future.
20. There is and will be for the next 20 years, a sub-
stantial need for additional multi-farai.ly housing in the
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metropolitan service district region. That need is evidenced
by Metro's urban growth boundary findings and housing goals and
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policies.
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21. Tigard and its planning area are within the Metro-
politan service district urban growth boundary.
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22. WDC has acknowledged that Metropolitan Service
District's urban growth boundary complies with statewide
planning goals and guidelines.
23. The densities designated for residential lands in
Tigard's comprehensive plan and neighborhood plan 6 for
residential development within Tigard's city limits and in
Tigard's planning area outside its city limits do not comply
with the policies of Metropolitan Service District as stated
in its memo to metro arra jurisdictions dated June 6, 1980 and
do not comply with LCDC's policies as stated in its acknowledge-
ment of compliance raport on Metro UGB darted December 13, 1979.
24. Adoption of this proposed comprehensive plan revision
and zone change will add 33.68 acres of land zoned for 341
dwelling units of multi-family housing and will substantially improve
Tigard's single-family multi-family housing mix for buildable
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land as illustrated on Exhibit 7 (Lane Use Location Plan) to the
Graphic Supplement dated May 1981 incorporated herein as Exhibit
"B". That plan is approved as modified by reducing the permitted
density on the southern portion of the Sanders parcel from 20
units per acre to 16 units per acre.
25. Tigard's needs and regional needs for additional
multi-family housing can be best met by adopting
the comprehensive plan revision and zone change proposed here.
26. Goal 1. Citizen Involvement. There have been
four public hearings (two before the Planning Commission and two
before the City Council) after appropriate notice to the public
and extensive citizen input has been made on the issues presented
by this —1-1 t:ation.
27. Goal 2. Land Use Planning. This. application
and the procedures followed in its consideration have been in
accordance with Tigard' s zoning ordinances and comprehensive
plan. The Tigard Planning Staff and Planning Commission have
reviewed the application and the materials submitted therewith
and have recommended approval.
28. Goals 3 and 4.. Agricultural Lands and Forest Lands.
The land is within the acknowledged urban growth boundary of Metro-
politan Service District and it is not necessary to address Goals
3 and 4.
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29. Goal 5. ` Open,Spa ae1 Scenic and Historic Areas
and National- Resources. The planned development process and
design review can be used to require developers of this land to
preserve trees, open space, bird habitats and scenic features
where they exist.
30. Goal 6. Air;-_Water- and 'Land Resources Quality.
The land will be served by City sanitary and storm sewers and by
Tigard Water District. The location of affordable housing
near.-commercial centers and educational and recreation facilities
will reduce air pollution.
31. Goal 7. Areas Sub4ect to Natural Disasters and
Hazards. The land has development limitations ranging from slight
to Sitoderate.. 10% of the neighborhood has slopes ranging from 20%
to 30% but with sensitive building construction techniques these
areas could support residential use with a "cluster" housing
concept. No topography constraints dictate the ultimate land
use pattern and extent of urban development. There are no
known hazards that could 14,Mit future development in the neighbor-
hood and no known natural resources that could not be enhanced
or preserved by future development.
32. Goal 8, R-eareaka,oA-,Needs. The neighborhood is
well endowed with parkland compared to other areas. In total
there is one city park, four school recreation sites, two golf
' courses and the Tigard swim center. Cook Park is a city owned
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regional park that is the most heavily used in the community.
Its trails wind along the Tualatin River and connect to the City's
Greenway System.
Abundant park and recreation facilities are presently
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available to serve the study area and with the future develo-
ment in the neighborhood additional recreational improvements .
could be built.
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33. Goal 9. Economy of the State. The land is
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comprised of 33.68 acres with three dwelling units with s
six ownerships involved, and is approximately 3% developed.
has a„a t^
Jsting
ng
The remaining 97a s not been developed -�
zoning and the cost factor of extending urban services.
The Washington County assessed valuations in the study
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area are inventoried and sun.marized as follows : x
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Land
Total land area 33.68 acres
Number of lots : 9 lots
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Assessed land value: $303,700
Average land value/acre: $9,017.22/acres
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Proposed land value: $1,020,000
Proposed plan land value/acre: $30,000/acre
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improvements
Number of dwelling units : 3 houses
Assessed improvement value: $91,300
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{J Average improvement value;/dwelling units : $30,433/dwelling unit
Proposed plan improvement value (353 dwelling units) $10,742,849
Total existing assessed tax base: $395,000
Total proposed plan tax base: - $11,762,849
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34. Goal 10. Housing. The densities designed for
residential lands in Tigard's comprehensive plan and R
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neighborhood plan 6 for residential development within Tigard's
city limits and in Tigard's planning area outside its city
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limits do not now comply with statewide planning Goal 10 (housing)
according to Metro following review of Tigard's comprehensive
plan. LCDC has also indicated to Tigard verbally that Goal 10
cannot be met under present zoning. A study conducted by
Tigard's attorney indicates that Goal 10 cannot now be met.
The City is studying the alternatives to meet Goal 10. Approval
of this application will make more affordable housing available
in the region.
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35. Goal 11. PublicFacilities. Water service to
the study area is provided by the Tigard Water District.
The District has an 8" main located in S.W. 109th that ,
will provide service to the northern half of the study area, x.
and an 8" main in S.W. Naeve that will provide service to the
southern half of the study area.
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The land is serviceable with water, storm sewer and
streets. Sanitary sewer service will be available in the near
future pending construction of a gravity sewer line by Tualatin
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Development Company. A contract exists to cause this to take
place.
Storm drainage is also provided by two systems. The
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Northern half of the study area drains Westerly toward Pacific
Highway. The Southern half of the study area drains Southerly
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into the strom system serving the Summerfield development.
Tigard School District 231 provides educational
services in the study area. Templeton Grade, Tuality Junior
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High and Tigard High Schools are within one to two miles of
the study area. Enrollment projections, coupled with the
anticipated housing type, indicate the capability to serve
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the study area. In addition, future development would add to
the overall tax base and help provide for school expansion
projects. In general, all urban services are either z`
presently available or planned to serve the neighborhood with
little or no negative impacts.
36. Goal 12. Transportation. The land is served by
the minor collector street of S.W. Canterbury Lane and by S.W.
Naeve Street and by the major areterial Pacific Highway. The
major traffic access to the land should be at the intersection
of Beef Bend road and Highway 99 and access to 109th Avenue should
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be deemphasized. E
Current bus routes are predominatly oriented to
downtown Portland on a North-South grid. Direct service to
Washington Square and community service centers is available
via the Barbur transit station. The study area is presently
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served by a balanced transportation system with planned
street improvements to support urban densities, and
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therefore fulfills the intent of this goal.
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37. Goal 13. Enema Conservation. There are no known
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nonrenewable energy resources located within the study area.
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However, solar energy, a renewable resource, can provide
significant amounts of energy for various heating purposes.
Site and structure orientation, site location to bus and transit
corridors, and appropriate building construction techniques are !
also related to the energy conservation question.
The study area neighborhood is within close proximity i
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of area employment centers and is served by the transit corridor
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of Pacific Highway, with expanding bus and transit service.
The neighborhood is within one mile of most area schools and
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adjacent to the King City and Summerfield shopping centers.
Development within the study area would be within present
guidelines for energy conservation. As stated above, future
development of the study area would be within present
guidelines for energy conservation,
38. Goal 14. Urbanization. The land is within the
acknowledged Metropolitan Service District urban growth boundary
and it is not necessary to address Goal 14.
39. Goals 15, 18, 17, 18 and 19. Willamette River
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Greenway, Estuarine !Resources,' 'Coastal' 'ShorelancIs, 'Beaches
and Dunes and Ocean 'Resources. The land is not in the
Willamette River Greenway, it is not on and does not affect any
estuary, estuarine resource, coastal shorelands, beaches , dunes
or ocean resources.
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