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Ordinance No. 77-72 l � CITY OF TIGARD, OREGON ORDINANCE NO. 77- `l'v AN ORDINANCE ADOPTING FINDINGS WITHRESPECTNTHE 19� OL ONINGNBY MAP DONALD E. POLLOCK INVESTMENTS FOR AN AMENDMENT T..n OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT T F A TSA160OFALAND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 35AD,3900 _ 1700, TAX MAP 1S1 35DA, TAX LOTAMILY RESIDENTIALOANDRADOPTINGLTHEAM s ILY RESIDENTIAL TO "AND B,, AND FIXING AN EFFECTIVE DATE . ATTACHED EXHIBITS A AND i THE CITY OF TIGARD ORDAINS AS FOLLOWS: Sect`on 1: Fndng ht iioreaandhareanow classifiednds raseSR-7" Single Family d have been hereretofof Residential and further finding that forpursuant zoningtmapramendmentpwase application dures, the above-stated app heard in public hearings held by the Tigard Planning Commission on e there nd June 7, 1977, and all interestedthereafterstherPlanningaCommissiondfiled opportunity to be heard, and its report with the City Recorder, which recommended denial, a copy thereof hereto attached and by reference made a part hereof, and, further, finding that, after due and legal notice, public hearings were held for the City Council on July 25, 5,d1977 and tthat at said t hearing the applicant and all parties rd were afforded an opportunity to be heard and present and rebut evidence application, and with respect to said app further, finding that, based and on the record of said on evidence, both oral and documentary, the Council hearing before the City Council and Planning Commission, - has made the following stl)stantive findings: A. That the application conforms with the Tigard Community Plan, 1971 as adopted in that: l permit densities that will economically 1. The request wil essary public services and fa- support the costs of neccilities, such as paved streets, pedestrian ways, and utilities; and 2. It will permit a variety of housing types to meet the d family income; and needs of different family size an 3. Adequate water and sewerage facilities are available to serve the proposed development. Section .24 2: THEREFORE, pursuant to the requiremenlcants of Csarequespter $ for of the Tigard Municipal Code, the app an amendment of the Tigard Zoning Map of for1"A-2'970 1omulti-familylands residen described in the attached Exhibitrovisions of 18.24 "A-2" tial is hereby approved subject to the p multi-family residential zone of the Tigard Municipal Code as em- bodied in or exhibited by the documents submitted and identified as follows: Exhibit "A" : Staff Report Exhibit "B": Legal Descri-ption and further subject to the following conditions: I. The applicant will agree to: j a. Annexing into the City of Tigard Tax Lot 2402 in order that E access standards will be in conformance with City code b. Annexing into the City of Tigard Tax Lot 3800 in order to permit the most efficient use of the land. 2. That the following streets be vacated: E a. S.W. Dakota Street from Highway 217 to its terminus with Tax Lots 2201 and 2200 (Tax Map 1S1 35DA) b. Those portions of S.W. Manzanita (eastern and western) which would no longer be required for public rights-of-way after a new street connection between S.W. Manzanita and Hall Boule- vard is provided to the site from Tax Lot 2402. Cross sec- k tional drawings be submitted to Public Works Department for their approval. 3. A major partition be submitted showing the changes in the street right-of-way and revising the property lines to produce a lotting pattern which responds to the proposed changes in the street sys- tem. 4. Data will be provided at the time of design review consideration indicating the location of the 100 year flood plain on the sub- ject parcel and provide means for accommodating high volume storm water across the north property line. 5. That a left turn lane be provided on Hall Boulevard subject to Oregon State Highway Department approval. 6. A storm drain retention system be installed to Washington County Public Works standards. 7. That a cul-de-sac be placed in S.W. 89th Avenue at the north project boundary to prevent through traffic northward into the residential area on 89th. This cul-de-sac shall have an emer- gency vehicle access pointconnectingthe two portions of 89th. Section 3: This ordinance shall be effective on and after the 31st day after its passage by the City Council and approval by the mayor. Page 2 Ordinance No. 77-_2 ZC 17--77 PASSED; By m a�o. f7 vote of all Council members present this z day of use , 1977, after being read three times by number and title only, Recorder - City of gard APPROVED: By the mayor this day of s�- , 1977. �r r Ci y o Tigard Pi �tii JFy� o4 CUU 7C,l Page ;3 Ordinance No. 77- 1.2 _ ZC 17-77 STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION June 7, 1977 - 7 : 30 P.M. Fowler Junior High School - Lecture Room ' 10865 S,W. Walnut Street - Tigard, Oregon DOCKET: ZC 17-77 REQUEST: To amend the zoning ordinance changing the zoning designa- tion from "R-7, Single Family Residential" to "A-2, Medium Density Residential" on a 7.1 acre parcel P R LOCATION: S.W. 89th Avenue and S.W . Manzanita Street (Wash. Co. Tax Map 1S1 35AD, Tax Lots 1600 and 1700 and Tax Map 1S1 35DA, Tax Lots 2500 and 3900) f APPT.?;CANT: Donald E. Pollock Investments I . FINDINGS OF FACT: e 1. The applicant is requesting a zone change from City of Ti- gard Zoning R-7, Single Family Residential (four units per acre) to "A-2, Multiple-Family Residential"(12 units per acre) . 2. The applicable statements and policies from the Tigard Com- munity plan, 1971, are as follows : Residential-Commercial ' Three areas are designated "residential-commercial". This category is intended to accommodate higher density dwelling structures, including -high rise apartments, combined with a range of compatible office and business uses. An agreeable arrangement of "mixed land use" in these areas can best be , achievediflarge tracts are developed as "planned:units". The "Triangle" bounded by the Interstate 5, State Highway 217, and -Highway 99-W is planned as a "res ident ial-commer _cial" area, as well as a large section bordering -on Highway 99-W between Walnut and Beef Bend Road. An area adjacent , to the planned regional shopping center is also in this category. These areas are intended to have an "urban" quality not unlike the redeveloped sections of downtown Portland. High-rise and low-rise apartments and_office buildings, together with related shops, restaurants, . and 'y service establishments, will combine to create an urban en vironment characterized by diversity, activity, and amenity. ; _ r; STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COAWJSSION June 7, 1977 - 7: 30 P.M. Page 2 I j Objectives 1. To accommodate a compatible mixture of high-rise apart- ments , garden apartments, retail shops , and offices. 2. To permit in selected parts of the Tigard area a pat- tern of development that is characterized by higher- intensity uses normally associated with a ,central city. Policies and Standards 1. Residential-commercial development shall have direct access to the major street system, the availability of adequate public utilities, and will be situated in lo- cations that are suitable for higher intensity uses. 2. High-rise apartments are encouraged in these areas as well as compatible office uses--firm headquarters, in- surance, finance, and professional - recreation uses - I, hotels, motels, restaurants, and theaters - and commer- cial and service uses that relate to higher-density residential development. The overall density of resi- dential development will be 13 dwelling units per gross acre. Based on detailed design studies, densities be- tween 30 and 40 dwelling units will be permitted in suitable areas. Until these design studies are com- pleted, each residential development will be limited to the average density of 13 dwelling units per gross acre. 3. Zoning regulations in these areas will assure a compa- tible transition with adjacent . land uses. Each develop- ment will accommodate its own parking demand. 4. Use of "planned unit development'-,' .techniques is en- � couraged in order to better relate residential and com- mercial uses and to permit flexibility in design to enable a higher quality of development. Adjacent prop e.rtq owners will be encouraged to cooperate in the as- sembly of land for development as a "planned unit" . r+' T 3 sem". STAFF REPORT AGENDA 5. 1 TIGARD PLANNING C0MMISSION June 7, 1977 - 7 : 30 P.M, Page 3 3. Neighborhood Planning Organization #4 has completed pre- liminary work on a land use plan for their area and has di- rected staff to draft a plan text . This plan identifies the single family residential development north of this prop- erty as an area to be protected from encroachment by in- compatible land uses. The subject property is recommended for multi-family density residential development with the inclusion of the necessary design considerations which will assure maximum compatibility between the two areas. 4 . The applicant 's original application included two (2) addi- tional tax lots (Tax Lots 2402 and 3800) . However, these two properties are not within the jurisdiction of the City. Tax Lot 2402 is being proposed to serve as the eastern ac- cess point to the site off Hall Boulevard. 5. The north access to the site across Ash Creek crosses a flood plain area. Development of an access through to S .W. 89th along the existing street would be difficult even if the impact of the additional traffic on the neighborhood north of Ash Creek could be shown to be acceptable. 6. According to the Washington County Zoning Department, ac- cess through a single family zoned site to an apartment site could only be obtained by means of a street dedication. 7. An additional problem foreseen by staff is that under Tigard Code a parcel of ground (a lot) must be physically built upon in order to exercise its inherent development right under the zoning code. The separate parcels identified in the application must, therefore, be- assembled into one "lot" before development of apartments, unless the appro- priate number of units are built separately on each of the lots legally described. That is, a transfer of development rights from one lot to another cannot be done by a zone change. 8. The flood plain of Ash Creek, running east-west across the northerly part of the site is designated "greenway" in the Tigard Community Plan . The Environmental Design and Open Space Plan currently before the City Council is also proposing the flood plain of Ash Creek in this area as greenway. 9. Hall Boulevard is designated a major arterial in the Tigard Community Plan and residential/commercial development is STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 4 being proposed by NPO #4 between S .W. Oak and Highway 217 on both the east and west sides of Hall Boulevard. 10. The applicant has indicated that he is in the process of petitioning for the vacation of S.W. Dakota which traverses an east/west course along the southern most portion of Tax Lot 2500 between Highway 217 and the southeastern terminus of Tax Lot 2500. II . STAFF OBSERVATIONS : 1. Sanitary sewer hook-up is available to the site. The Metz- ger Water District has existing water lines onto the site. 2. The subject parcels are vacant, primarily flat areas, with a mixture of pasture land and deciduous trees. Highway 217 forms the southwest boundary. Single-family homes are lo- cated to the north and east of the site. III . STAFF RECOMMENDATION: Based on the findings of fact, the staff recommends approval of the request subject to the following conditions: 1. The applicant will agree to: a. Annexing into the City of Tigard Tax Lot 2402 in order that access standards will be in conformance with City code b. Annexing into the City of Tigard Tax Lot 3800 in order to permit the most efficient use of the land. 2. That the following streets be vacated: a. S.W. Dakota Street from Highway 21.7 to its terminus with Tax Lots 2201 and 2200 (Tax Map 1S1 35DA) b. Those portions of S.W. Manzanita (eastern and western) - which would no longer be required for public rights-of- way after a new street connection between S .W. Manza nita and Hall Boulevard is provided to the site from Tax Lot 2402. Cross sectional drawings be submitted to Public Works Department for their approval 3. A major partition be submitted showing the changes in the street right-of-way and revising the property lines to s I STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 5 produce a lotting pattern which responds to the proposed changes in the street system. 4. Data will be provided at the time of design review consid- eration indicating the location of the 100 year Flood Plain on the subject parcels. :4 t i t T 3Ca-s� )-SCRiP 1•ION 1? 15,16,17,18,19 f 20,21.24.31,32,33,34 and 35 10 11,12,13, , exce ting there frog: hos� bo`s Ilashi.ngton counl-v, and -rough its Graham Arses, State Of ®regon, by cove ed to rha Division. gsrtio,-►' Ysranspo�:tation, gigh:cay Daoar mefrlt of y k a S