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Ordinance No. 75-15 CITY OF TIGARD, OREGON ORDINANCE No. 75- /,1- AN -AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION OF GEORGE SCOTT FOR CHANGE OF ZONE CLASSIFICATION FROM R-7 RESIDENTIAL TO A-2 MULTI-FAMILY ZONE WITH ADDITIONAL FINDINGS WITH RESPECT TO COMPANION- ATE REQUEST FOR APPROVAL AND AUTHORIZATION FOR USE OF SAID LANDS AS A PLANNED DEVELOPMENT DISTRICT PROJECT PURSUANT TO CHAPTER 18.56, TIGA2D MUNICIPAL CODE, WITH RESPECT TO TAX LOTS 1000 AND PART OF 1001 ON TAX MAP 1S1 35CD, GRANTING ZONE CHANGE AND AUTHORIZING PLANNED DEVELOPMENT DISTRICT, AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAIN] AS FOLLOWS: Section 1: The Council finds that the lands hereinafter described have heretofore been and are now classified R-7 (single family residential) pursuant to the zoning ordinances of the City of Tigard. Section 2: The Council further finds that pursuant to prescribed pro- cedures, application for change of zone of said lands from R-7 (residential) to A-2 (multi-family residential) and for companion- ate planned development treatment was the subject of a public hearing held by the Planning Commission on February 18, 1975, and the Com- mission has heretofore filed its report with the City Recorder, copy whereof is hereto attached and by reference made a part hereof, re- commending approval of the application. Section 3: The Council further finds that after due and legal notice a public hearing was held on March 10, 1975, before an im- partial council, and that at said hearing the applicant and all in- terested parties were afforded an opportunity to be heard and to Dresent and rebut evidence with respect to said application. Section 4: Based on the evidence both oral and documentary and the record of said hearing before the City Council, the Council makes the following findings: (a) That the comprehensive plan entitled "Neighborhood Planning Organization Number Two" includes tax lots 1000 and part of tax lot 1001 on tax map 151-35CD as a part of a larger area designated for A-2, multi .family residential zone, and the granting of applicant's request is therefore compatible with the comprehensive plan. (b) That the change of pre-existing land use classification from R-7 to A-2 multi-family is consistent ;with the public need for multi- family housing in the Tigard community to provide rental housing for persons unable to purchase single family dwellings. (c) The Council further finds that the granting of the appli- cation and change of zone sought subject to the requirements herein- after set forth will not unduly burden the nearby single family resi- dential area nor have an undesirable impact on the locality. (d) That public services, including water, sewer, electric energy and gas are readily available to the subject site and that the site is contiguous to-98th Street, an improved public right-of-way and directly accessible to Greenburg Road, a collector street. (e) That it is consistent with the public interest to authorize the use of said tract as a planned development project pursuant to Chapter 18.56 of the Tigard Municipal Code thereby to assure that esthetic consideration and public interest values will be accentuated. ORDINANCE No. 75- M That the proposals of the applicant with respect to dedi- cation of additional right of way, construction of public improvements, raking provision for storm drainage and providing for common areas under the jurisdiction of the property owner, landscaping development and construction of sidewalks and curbs, and other amenities, all as here- inafter set forth under Special Conditions, will enhance the accept- ability of the planned development concept as a part of the integrated development program for the locality. Section 5: That the use classification of applicant's lands as des- cribed on the attached Exhibit "D" by this reference made a part hereof, being tax lots 1000 and part of 1001, 1S1-35CD, as hereinabove referred, be and the same is hereby changed from the present R-7, single family residential zone, to A-2, multi-family residential zone, and for companionate planned development treatment, and the use • r,ce fG-th nail p,_Operf AhT;11 be limited t0 consistent with and tictati.c�.v. w ^f ..-_ r subject to allrequirementsof the A-2 zoning classification as now or hereafter prescribed by the Tigard Municipal Code, and further subject to the requirements of this Ordinance. Section 6: That the applicant's companionate request for planned de- velopment district approval pursuant to Chapter 18.56 of the Tigard Municipal Code in the A-2, multi-family zone, as embodied in or exhibited by the planned development documents submitted by the applicants and hereto attached and identified as follows is hereby approved: Exhibit "A" - General Development Concept Exhibit "B" - Site Plan Exhibit "C" - Landscaping Plan and each of the foregoing is hereby made a part hereof, and the de- velopment and use of said land shall proceed consistent therewith and subject to each and all requirements of Chapter 18.56, Tigard Municipal Code and subject to the further requirements and conditions: (a) The property owner(s) shall dedicate to the public 10 ft. of additional right-of-way parallel S. W. 96th Street and adjacent the subject site. (b) That the owner sign an agreement (non-remonstrance agree- ment) stating his willingness to take part in a Local Street Improve- ment District for purposes of improving 98th Street. (c) Variances are granted from the standards of the zoning code and subdivision code as specified in Exhibit "A". (d) Site development density will not exceed the 7.7 dwelling units per acre as indicated on Exhibit "B". (e) If within one year from the time of the planned development approval substantial construction has not taken place, the Planning Commission shall review the district at a public hearing to determine whether or not its continuation in whole or in part is in the public interest, as stated in TMC 18.56.170. If the Commission recommends to the City Council that the planned development district should be removed, the A-2, multi-family zone, shall also revert back to its former R-7, single family designation. ' (f.) That a standard maintenance agreement be provided by the applicant,assuring the maintenance of common landscape areas shown on Exhibit "C". Page 2 - ORDINANCE No. 75- q f oad (g) That fencing be provided thealong DeesignhReviewrBoardlalongfwith way to be approveddby by approval of the first building permit. on the Section 7: afterOitsnpassagesby the oCouncil and eapproval 3byty the Mayor. PASSED: By I ,, , , r,Eeotimes bye of lnumberiandet tle mber only, this beirig rea day of ecor er - it�� � APPROVED: By the Mayor, this ' day of 1975. ayority a � igar 'I Page 3 - ORDINANCE No. 75-i5 Y EXHIBIT "D'i Being a part of John L. Hicklin Donation Land Claim, No. 54, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and more particularly described as follows: Beginning at an .iron pipe on the East line of that certain tract of .land devised by Bary M. Greenburg to Henristte W. Rue, at al by deed recorded in Book 131, page 4, Deed Records, Washington County, Oregon, said beginning point being South 0" 03' East 955.0 feet rrom the Nortneast corner of said Greenburg tract; running thence along the East line of said Greenburg tract, South 03 03' East 311.8 Feet to an iron pipe at the Southeast corner of said Greenburg tract; thence along the South line of said Greenburg tract North 693 58' West 415.2 feet to an iron pipe on the Easterly boundary of the Southern Pacific Railway right-of-way; thence along said right-of-way boundary, North 193 25' Wast 334.6 feet to an iron pipe;. thence South 890 59' East 536.7 feet to the place of beginning; SAVEAND EXCEPT the South 100 feet thereof, the Northerly boundary line of which is described as a line drawn 100 feet North of and parallel with the South lino of the herein described property; ALSO EXCEPTING THEREFROM, the following described tract beginning at a 5/8" iron -rod at the Northeast corner of that tract of land conveyed to Alden D. and Muriel S. Lewis in records of Washington County, Oregon, Page 616, Book 264; thence South 003 03' East 67.1 feet; thence North 893 58' West parallel to the North line of said Lswis Tract 135.00 feet; thence North 000 03' West parallel to the East line of said Lewis Tract 87.1 feet to the North lino of said Lewis Tract; thence South 893 58' East 135.0 feet to the point of beginning. , d s b s i Yf i. tY 1117 wi- �k C@ 44 ,> t y Tf'GEN xRAL ENT + FOR rOTT PROPERTY GFu CaE S TIGARD, OREGO14 h � ° t �n 3 dt, + FEBRt7ARY, 1975 a k 3� e JtvM ENGINEERS 14}2 ,Aller varcl- Av averton- 1 -646"' t .4"-a°�.� '� ✓ j: # n+ u•r t 3 v r ,,,w{ 34:r s 2 + ri.' �1>•, �"C gj ,�' �'�t z K+�;� jr ,. iq - ': - z +. v f C c c u,.rrh �*� c ✓.�, .w`�w s'A ��... ���'�"����� �x�ht�-•.�atu � z. mss, t a.t �i 4 �, �,- �� s,�+ � r ''� 5f:5� .� 5+7r f� _..P �3..�,„-�r"^r..�`i�'`cw°,�a�'"'"C,�at...�'�: �' 'n�` .- i f_ I ' k E REQUEST FOR ZONE CHANGE FROM R-7 to A-2 ' WITH AN OVERLYING PLANNED DEVELOPMENT t. El 6; a BR c ❑ X ` TANKS �I ! �+ � �� , A6, j J X 4 � t .�... "' X CJ p Q^ X Cl ' co ^ GRADED AREA \ \ BR. C. i -4 TR. 1 ' BR.a TR. X\X 169.5 C. `�, i x 70.2 •DEVELOPMENT CONCEPTS The development concept for the Scott Property is to create a desirable residential (duplex) living environment. The project will contain seven duplex units and house approximately 42 people. Two development concepts were explored for this area. One plan was to serve the area with a straight cul-do-sac, bisecting the property. This approach created a barracks-type atmosphere. The units had equal setback and there was little flexibility in their layout and arrangement. This plan was abandoned in favor of the submitted concept. in this plan we are able to use larger lot sizes, vary the setbacks and curve the street; all in an effort to make a more desirable development. The duplex units can be designed as to appear to be single family homes. The majority of the present physical features of the site will remain in their natural state. Grading will be very minimal and no trees will be removed. The comprehensive plan, adopted in 1972 shows this area as urban medium density (12 dwelling units per acre) . The neighborhood planning district also proposes the same. This project does not reflect a density 4 greater than that shown .on the comprehensive plan. The anticipated 7.7 dwelling units per acre is well below what will be permitted. MARKET DEMAND This plan will help meet the rising demand for duplex living as shown by the low vacancy rates for rental units in the general area. Real estate agents in Tigard cite the vacancy factor at three to four per cent a year for duplexes The closer a unit to Washington Square, the vacancy factor seems to be lower. An owner of several duplexes in Tigard (Vance Lee) cites a vacancy factor which approaches OSSon'a yearly basis. These low vacancy factors represent a demand for this style of living'. Thi: Scott development will provide housing for r people desiring duplex living s s Y . BUILDING TYPES AND INTENSITIES ` Seven duplex units will be constructed on the 2.1 acres, resulting in a net density of 7.7. Ten of the fourteen dwelling units will be two bedrooms (864 square feet) and the remaining four units (Lots No. 5 and No. 6) will be three bedrooms (960 square feet) . STREET SYSTEM Access into the property will be provided by a 40' by 385' public cul-de-sac with a pavement width of 28 feet from curb to curb. The bulb at the end of the street is an elliptically shaped, large turn around. The length of the radius of the bulb for the right-of-way at the widest point is 50 ft. The narrowest point measures a 45-foot radius. The radii of the pavement are 46 feet and 41 feet. These dimensions at the narrowest point allow adequate turning space for most vehicles. The 28-foot street will have two 10-foot driving lanes with an 8-foot parking lane on the .north side of the street. Seventeen on-street parking spaces will be provided in this 8-foot lane which will continue around the bulb of the cul-de-sac to the driveway of Lot No. 7. Two additional parking spaces are available within the center area of the cul-de-sac. A 4-foot integral sidewalk will be provided on one side of the street. The sidewalk will end at the corner of the driveway on Lot No. 7. A 4-foot easement plus the 2 feet between the edge of the sidewalk and the right-of-way will contain the street trees and gas and utility lines. The street trees will be spaced approximately every 50 feet. The sewer and water lines serving the project will be in the street. Traffic on Southwest 98th Street is minimal at present. The affect of the proposed development of seven duplex units on streets and adjacent properties will also be minimal. This number of units will increase the population in the area by only 35 to 42 people. This number of people should not over-tax Southwest 98th. At some point in time as the area becomes completely developed, Southwest 98th will need to be widened to handle traffic flow. The developer has allowed 10 extra feet on the eastern border of the property to be used for future widening of Southwest 98th when the need arises. The 10 feet added to the west side of the existing right-of-way will expand the width to 40 feet. �e 2 UTILITIES The two main utility services are existing and adequate to serve the q proposed development of seven duplexes. An eight inch sanitary sewer on 98th serves the properties bordering this street. The collection system of the development will feed into the eight inch line on 98th. Water will be provided by the existing four inch main on SW 98th. Storm Sewer A storm collection system will be provided in the development. It will outfall into the existing drainage way along 98th Street. Lighting T= The owner/developer will participate in "Tariff Option B". This is a street lighting agreement between the City of Tigard and PGE. MAINTENANCE The owner plans to develop the duplexes for a retirement home and income. He will own and maintain all lots and homes. Should he be forced to sell a unit or units, the new owner will maintain that lot. COMMUNITY FACILITIES Community facilities are nearby for people living in this planned development district. TriMet busses will stop near Greenburg Road and 98th daily, every 40 minutes. Regional shopping facilities are available in Washington Square approximately two miles to the north. Smaller and more convenient shops are located in the shopping center on the corner of SW Ball Blvd and Pacific Blvd. Residents desiring T. library services will use the city library in downtown Tigard. Fire protection will be provided by the city fire department in Tigard. PHASING The project cannot be built at one time and as a result will be built in phases. The phasing program now envisoned will occur over a 3 1/2 year period. Two duplex units will be built per year beginning ((j in the summer of 1975. ¢. 3' �m VARIANCES AND DEVIATIONS . As stipulated in the Planned Development Ordinances, some of the City Standards may be varied. In the Scott planned development$ the proposal is to vary the City Standards on the following; 1. Width of public right-of-way from 50 feet to 40 feet. l. 2. Width of public street from 34 feet to 20 feet. 3. The front setbacks on 5 units will be decreased by as much as 5 feet from the City Standard. The units requiring a variance are on Lots Nos. 2, 3, 4, 6 and 7. 4. The back setbacks on two units require a variance from the 15-foot norm to 14 feet from the back property lines. These units are on Lots No. 4 and No. 6. 5. It will be necessary to deviate from the requirement that all drives be 5 feet from the next property line. Four of the duplex units show a common drive. Therefore, a drive that is 5 feet from the next property line is not feasible. 6. The City requires that all off-street parking be screened by v landscape materials from the public right-of-way. In a duplex arrangement such as this off-street park' g should not be a visual nuisance. In addition, screening iff-street parking from the public right-of-way would not be practical. Therefore, a variance from this standard is in order. APPLICATION FOR ZONING MAP AMENDMENT This section of the report will answer questions necessary for an amendment to the zoning map. ((questions 1, 2, 3, 6, & 7 were covered rin the body of this report) . Changes of land use have occurred in the general area. The develop- ment of Washington Square has exerted pressures on housing and land uses in the general area. The demand for housing has increasedd especiall for living area within commuting distance of Washington Square. The amendment to the existing zoning will help alleviate some of this demand. The proposed location of the Scott development is good because it offers a close proximity to both Washington Square and Tigard. Because , the parcel is long and narrow, developers of apartments would_ not find t this area desirable. In addition to this factor, the nearness of the existing railroad tracks and industrial area makes these lots undesirable for single family home owners. i y, f t 5 CExh.lb*l+ B I V ! p t_! ► att 1!t It: !D t_a ap 1 a a a�1 r i a T 1 t i ► 1 ".""`4 �`'—Y .�` { 0 } j 1 { $. � ��Tm{ t_P1 �►�i�►���+LF'��1+�111{al��'ajaio�if�{�1tj�ia�ala6al++aii}�li�a}i}lia�at►�+I'lila`+!+{aN'lll{a!a}a9aiei:}&1 NOTE: IF THIS MICROFILMED - 2 3 DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO j THE QUALITY OF THE ORIGINAL DRAWING. �..�•_,---- __--—' _ . . oppf stz ez cz sa sz �z sz zz !a Oz et al 1P—91 —sr 41 —E! as It of B ii --g — 5 — b —E— Z 1 - - 'rlttLIN1�11N11111�1111�DIN �{INL e 'A"' CH d 4 1 _ ` 99------------------ �- a _ S i ' 3 i TAX HJT 86�s - s - e w�—�-�—•_—'--ter `s _ F 3 � e e v _ 3 a • _I LAND—USE ANALYSIS TOTAL ACRES 2.9 ACRES NO.LIVING UNITS[DUPLEX) 94 i TAX LOT 9200 DENSITY[NET) 7.7 PARKING OFF STREET 24 ON STREET 17 TAY. LO-,r. NO. 9000,9009 9 S,9W SEC.35 s. Y ROB ao ° 664 NGMEYER ENGINEERS 14250 S.W.ALLEN BOULEVARD BEAVERTON,OREGON 97005 PHONE 15071 646-3190 av?)Cie (5�)CCTT 39 8 1'=30' ' r II IIIA'i'I'll�'1911111111111'1I11111�II11111I1111111'III�ftITlllm l'IiP II rI IT1Ot�lhllll111111IIIIIt141I41141(411111�1111111I1111111I111111,1111 p1'J 111141'41+gIIII IIIPIIIIIuI NOTE: IF THIS 111--D -_I 2 3 4 5 •6 7 B 9 O 11 12 IM AF O 11G IS LESS CLEAR THAN THIS WTIa IT IS ME TO I!E QUA L ITY OF TIE ORIGINAL GRANIMr' Of 62 92 12 92 L2 K �c2�'�1 2�12��r�IIZ� I.O'Z��1��at.I 9�1.,,�11,ZI 9�1SI�I��1 41 fl 2�111 01 5 9 1L 9 9 Y E 2 1'�,+•• 24X rr1111111111111111111II� IIIIIIN1111111tII1i111111'11111919YJy11Uj9I889�jUfLIRYYR99UliYIL�,919PR991�1U1I99�9R981�Bi 11111�IIW�9RIp1!�IINI1111�11�1111�IIIIIIIIttIII lllll�llll�l'L�I!IIUII!�11111111�11 IILII�IIW9999NIII1 „ MARCH --'--- 8 ,1990 - - r TI TAX LOfT 9104`. .. ur C _ f s I �s P ,_ r1 _ f LAND-USE ANALYSIS , I TOTAL ACRES 2.1 ACRES C NO.LIVING UNITS COUPLEX) 14 TAX LOT 1200 DENSITY CNET) 7.7 J 1-� - PARKING OFF STREET 24 ON STREET 17 " TAX LOT NO. 1000.1001 1 S.1 W SEC.3S ,P' 1 1�UOINZ§ ROBERT E. MEYER Ll .3O a Q ENGIiJEEIRRS INC- r 14250 S.W.ALLEN BOULEVARD , BEAVERTON,OREGON 97005 PHONE(5031 646-3193 0 , Mom f 11 HI 1111111111111 1 -- - - -2s4Ih IP Ins T f 1 1 1 16111 1 III f 1�1 1 1 fh 11 111 I I III 1 1 111U 1111111 11 ��124 )k 1 TI11n 1111 11 Iln III III 111 !II I I1�fWTE: IF THIS MIMFILNED E1 9 o IM.IP0 15 LESSM R TH. TlIm NOTICE,IT Is OLE TOTIE 9n6LITYOF TIE 011ID1HAlOE 6ZE2 L2 92 SZ 42 E2 2Z IZ OZ 61 61 LI 9151 bl EI 21 11 01 6 B L 9 S b E61m Iuullmlw11w1 n Il - --- — ---- 0MA1 8i — - CH - 9