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Ordinance No. 77-80 � g CITY OF TIGARD, OREGON ORDINANCE NO. 77-.SX) __ ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY HALLBERG HOMES, INC. FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPIC- TED ON WASHINGTON COUNTY TAX MAP 2S1 11D AS TAX LOT 1300, FROM WASH- INGTON COUNTY RU-4 TO CITY OF TIGARD R-7 SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", AND "C" , GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Finding that the land hereinafter described have been heretofore and are now classified as Washington County RU-4, and further finding that pursuant to prescribed procedures, the above-stated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission on July 26, 1977, and all interested perso,aa were there and then afforded an op- portunity to be heard, and thereafter the Planning Commission filed its report and recommended approval with the City Recorder, a copy therefore hereto attached and by reference made a part hereof, the Council adopts the following substantive findings: A. There exists a public need to apply City of Tigard zoning to all parcels of land in the city in order to ease the administration of land use regulations and assure consistency throughout the City. B. The proposed R-7 zoning district is compatible with the surround- ing zoning and conforms to the "Urban Low Density Residential" policies of the Tigard Community Plan, 1971 in that it limits the maximum overall density to four dwelling units/acre and with the attachment of appropriate conditions, the adequate provision of public services to serve the proposed development can be assured. C. The extension of sanitary sewer and water lines will coincide with development . Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicant 's request for an amendment of the Tigard Zoning Map of 1970 to zone those lands des- cribed in the attached Exhibit "A for Single Family Residential (R- 7) use is hereby approved, subject to the provisions of Chapter 18.20 (Single Family Residential Zone) of the Tigard Municipal Code so em- bodied in or exhibited by the document submitted and identified as follows: Exhibit "A": Legal Description Exhibit "B" : Staff Report Exhibit "C" : Program ZC 25-77 ; and further subject to the following condition : 1. 15 feet be dedicated along this property for street improvements to S.W. Hall Boulevard. Section 3: This ordinance shall become effective on the 31st day af- ter its passage by the Council and approval by the Mayor. PASSED: By IM44-1,111-1 vote of all Council members present , after being read three times by number and title only this .2.2- day of 1977. a Recorder - City of! igard APPROVED: By the Mayor this oz.z day of Q„4<<s� 1977. - City of-Tigard {7i-cs.cJH. � v�<vurtc� l Page 2 Ordinance No. 77- Zo ZC 25-7Z fs x , DESCRIPTION Proposed Annexation Parcel - T.L. 1300 Real property situated in the County of Washington, State of Oregon, being a portion of the Southeast Quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, -described as follows: BEGINNING at a point on the Westerly right-of-way line of STATE HIGHWAY NO. 217 (60'wide) , said point bears South 2189.26 and West 30.00 feet from the Northeast corner of the Soloman Richardson D.L.C. No. 44; thence along said Westerly line South 0'56' West 549.99 feet; thence North 89057'West 754.87 feet; North 0'56 ' East 549.99 feet; thence South 89057 ' East 754.59 feet to the Point of Beginning. { E i z E a STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION { July 26, 1977 - 7: 30 P.M. Fowler Junior high School - Lecture Room f 10865 S -W , Walnut Street - Tigard, Oregon t E DOCKET: Zone Change ZC 25-77 REQUEST: For a zone map amendment to change the zoning designation from Washington County "RU-4" to City of Tigard "R-7" , Single Family Residential for a 9.15 acre parcel F LOCATION: Between Sattler and Durham Road on Hall Boulevard (Wash. Co. Tax Map 2S1 11D, Tax Lot 1300) k APPLICANT: . Hallberg Homes, Inc. I . BASIC FACTS: 1. The applicant is requesting the application of Section 18.20 (Single Family Residential) of the City of Tigard Municipal Code to a recently annexed (June 8, 1977) , 9.15 acre parcel. s 2. The site is designated "Urban Low Density Residential" on the Tigard Community Plan, 1971. Applicable policies from the plan are as follows: Policies and standards: (1) The maximum overall density of development will be four dwelling units or 12 persons per gross acre. This amounts to a standard of 7,500 square feet of 'land per dwelling unit, allowing for streets and other open space. Some areas will have a lower den- sity owing to topography, existing development pat- terns or the desire of individuals to own a larger lot. (2) Residential subdivision will be developed with paved streets, curbs and gutters, street lights, and walk- ways, according to City or County standards. All utilities will be placed underground. i k (3) Development will coincide with the provision of pub- lic streets, water, and sewerage facilities: These facilities shall be (a) capable of adequately serv- ing all intervening properties, as well as the pro- posed development and (b) designed to meet City or County standards. E STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION July •26, 1977 Page 2 (4) Planned unit development will be encouraged on tracts j large enough to accommodate -ten or more dwellings. t Planned unit development will permit a degree of j flexibility in design that will enable a higher quality of development .in accordance with zoning F. standards. II. STAFF OBSERVATIONS: 1. The site is a flat, vacant parcel. Surrounding land use to the south is a farm house and open field, to the west and north are open fields, farm land, and to the east and across Hall Boulevard are single family homes. 2. Water service is currently not available to the site. The Tigard Water District has a petition before the Port- land Metropolitan Area Local Govern-ment Boundary Commis- sion to annex this parcel and parcels to the north, south, and east into the water district. The extension of sani- tary sewer lines either from the Summerfield Planned De- velopment to the west along Durham Road or from the Pem- " brook subdivision to the north would be necessary. The capacity of these lines are adequate to facilitate the proposed densities. 3. S.W. Hall Boulevard is designated on the Tigard Community Plan, 1971 as an arterial street. Right-of-way width for arterials is between 80-120 feet. Current right-of-way for Hall Boulevard is 60 feet. Therefore, an additional ten feet of dedication would be required. III. CONCLUSIONARY FINDINGS: 1. There exists a public need to apply City of Tigard zoning to all parcels of land in the city in order to ease- the- administration of land use regulations and assure consis- tency throughout the city. x 2. The proposed R-7 zoning district is compatible with the surrounding zoning and conforms to the "Urban Low Density Residential" policies of the Tigard Community Plan, 1971 in that it limits the maximum -overall density to four dwelling units/acre and with the attachment of appropriate conditions, the adequate provision of public services to serve the proposed development can be assured. 3. The extension of sanitary sewer and water lines to .the site would be necessary before this parce3 could develop. IV. STAFF RECOMMENDATION: r STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION July 26, 1977 Page 3 Based on the basic facts and conclusionary findings, the staff recommends approval with the following condition: 1. Ten feet be dedicated along this property for street im- provements to S.W. Hall Boulevard. lv k A �H �1 ZONE CHANGE APPLICATION CONDITIONAL USE PERMIT July 1977 Applicant: Hallberg Homes, Inc. Consulting Engineer: David Evans & Associates, Inc. 1700 S.W. Fourth Avenue Portland, Oregon 97201 Consulting PLanner: Benkendorf & Associates 620 S.W. Fifth Avenue Portland, Oregon 97202 TABLE OF CONTENTS Page No. I. INTRODUCTION 1 II. EXISTING CONDITIONS 3 A. Characteristics of the Site 3 B. Land Use Development 3 C. Population, Housing and Employment 4 D. Existing Urban Services 7 III. ZONE MAP AMENDMENT AND CONDITIONAL USE PERMIT 9 PROPOSAL A. Zone Change 9 B. Conditional Use Permit 9 IV. ZONE CHANGE AND CONDITIONAL USE PERMIT 10 EVALUATION CRITERIA A. Compatibility with Comprehensive Plan and Policy 10 B. Community Need and/or Public Benefit 11 C. Alternatives to the Proposal 13 D. Development Impact 15 V. SUMMARY 16 f I. 7 f EXHIBITS Page No. 1. SITE LOCATION MAP 2 2, EXISTING ZONING 6 3. SITE PLAN 12 } I. INTRODUCTION The following research and analysis has been prepared to serve as the basis for evaluating this application to amend the Tigard City Zoning Map and to grant a condition- al use permit on 9.15 acres of property recently annexed to Tigard (T.L. 1300 2S 1 11D) located on the west side of Hall Boulevard between S.W. Sattler Street and S.W. Durham Road (see Exhibit 1) . The applicant respectfully requests two (2) actions by the City of Tigard: 1. Amendment of the City Zoning map for the subject pro- ( perty from RU-4 (Washington County Zone) to R-7 (Tigard Zone) . 2. Approval of a conditional use permit allowing the con- struction of 8 duplexes as shown on the attached site development plan. (see exhibit 3) This request is in conformance with the TIGARD COMMUNITY PLAN for the area and is consistent with the nature of the surrounding proposed land uses. 1 x y� p , Site Location Man exhibit 1 FY. i i WALlOIUT J F k`ONITA � r BATTLER f' DURHAM ' bite II, EXISTING CONDITIONS A. Characteristics of the Site The parcel of land upon which the development site is located contains 9.15 acres and is located on the west side of S. W. Hall Boulevard between S. W. Sattler Street and S. W. Durham Road (see Exhibit 1) . The land is basically flat with a slight slope from west to east. The elevation on the west property line of the site is approximately 195 feet dropping to approximately ► 191 feet at the east property line. At the present time the site is open and used for grow- ing agricultural crops. B. Land Use and Development 1. Land Use Plans The territory within which the site is located is designated as "Urban" on the CRAG Framework Plan and the Washinjton County Framework Plan. The Tigard Community Plan identifies the site area as suitable for "Urban Low Density Residential Develop- ment" . The land immediately south of the site is designated for a community shopping center on the Tigard Plan. 2. Surrounding Land Use The lands surrounding the site are generally open I and in some form of agriculture or livestock pro- duction. Specifically the lands north and south 3 are in similar agriculture production as found on the site itself. The land east of the site is devoted to large acreage residential lots which are characterized by heavy vegetation in- cluding oaks, firs and a variety of shrubs and willows. The land immediately west is being de- veloped for a single family and duplex subdivision. The land further to the west of the site is being developed as an extension of the Summerfield res- idential community. Schools in the surrounding area include Twality Jr. High and Templeton Ele- mentary north of the site between S. W. Murdock and S. W. Sattler Streets and the Tigard High School south of the site on S. W. Durham Road. 3. Zoning The site is currently zoned by Washington County as RU-4 (single family residential development with 7000 Sq. Ft. lots) . Lands east and south of the site are also zoned RU-4 by the county. The land west and north of the site that is in the city is zoned R-7 Single Family Residential development with 7500 sq. ft. lots) . See Exhibit 2. C. Population, Housing and Employment The 1970 U. S Census reports the following informa- tion for Census Tract 308 within which the site is located: 4 - Table 1 U.S. Census Data Census Tract 308 i Characteristic Number Percent Population 4544 100.0 Male 2245 49.4 Female 2299 50.6 Dwelling Units 1688 100. 0 Single Family 990 58.6 Duplex 30 1.8 Multi-family 668 39.6 Owner Occupied 866 51.3 Renter Occupied 620 36.7 Vacant 202 12.0 Substandard 33 2.0 f Persons/Unit 2 .6 --- Crowded Units 37 2.2 ; Median Value $24 ,200 --- F Median Rent 135 --- same Residence as in 1965 1106 28 .0 Labor Force 2076 100.0 Unemployed 65 3 .1 Median Income $11,790 --- Families below poverty level 41 3.5 5 _ 4 �f. Existin Zoning exhibit 2 R—/ moo 4 • Settler 000.0000000.000000000000.000000000000000: ..J e � RU 4 • • • 0 a • • s e ® city limits 0.00....00.0.000.a0oe0000000000*0000010 0 e • R-7 site 0 RU 4 3J BAB AC. RI 000.0...•®®0.00...,0 . • • • • • 0 RU 4 Durham 0•000000000.0.00.00- V • g • D. Existing Urban Services 1. Utilities The site is currently served by the Unified Sewer- age Agency, Portland General Electric, Northwest Natural Gas, General Telephone and the Tualatin RFPD. An existing 10 inch sewer line in S. W. Durham Road will serve the property. The Tigard Water District which is the only water purveyor in the area, has a 12 inch line in S. W. Durham Road. Application for annexation to the Water District has been made and is looked at favorably by the Water District. Other city services such as planning, building code enforcement, police protection, etc. , will be available following annexation. 2. Streets f Traffic levels on the streets adjacent and near the site were reported by the Oregon Department of Transportation in June of 1975 to be 4200 average daily trips (ADT) for S. W. Hall Boulevard (near Bonita Road) and 3850 ADT for S. W. Durham Road (east of Hall Boulevard) . The capacity of these two streets is approximately 8000 ADT respectively. 3. Transit Tri-Met provides one direction bus service east on S. W. Durham Road and north on S. W. Hall Boulevard - 7 - from 6:30 a.m, until 10 :15 p.m. on weekdays and from 6:30 a.m. until 7 :30 p.m. on Saturdays. Service is scheduled every 45 minutes during the day and every 20 to 25 minutes during the morning and evening rush hours. Tri-Met reports that ridership on this line -- #43 -- Tualatin Acres- Tigard- averages 943 passengers per week day. 8.. r IIS. ZONE MAP AMENDMENT AND CONDITIONAL USE PERMIT PROPOSAL A. Zone Change The site in question was recently annexed to the city of Tigard. This zone change application requests that the county's RU-4 zone be changed to the city's R-7 zone. These two zones are basically compatible, each calling for about 4 dwelling units per acre. The rea- son for the request is to complete the annexation pro- cedure by affixing city zoning to the parcel compatible i with the city's community plan and to thereby allow the t residential subdivision and development of the site. B. Conditional Use Permit The site plan submitted with this application indicates the development of 8 duplex lots adjacent to the south property line of this parcel. The conditional use per- f s mit would allow this change in residential development = patterns. The reason for the change is to provide a tr; degree of transition and buffer from the single family dwellings shown on the site plan proposed commun- ity shopping center to the south. a ,. 4 ; x ; c : 9 a IV. ZONE CHANGE AND CONDITIONAL USE PERMIT EVALUATION CRITERIA Prior to the preparation of these applications, a pre- application conference was held with Mr. John Laws of the city planning staff. Mr. Laws advised that the applica- tion should address the three issues mandated by the courts in the "Fassano" decl6ion and the other criteria contained in the city's application procedure document. The "Fasano" issues are: 1. Compatibility with Comprehensive Plan Policy 2. Public Need or Benefit 3. Alternative Sites A. Compatibility with Comprehensive Plan & Policy The Tigard Community Plan designates the site area for Urban Low Density Residential development. The R-7 zone is the city's zone for implementing this plan de- signation. The following Community Plan Policies apply to the de- velopment of the site: Urban Low Density Residential 1. The maximum overall density of development will be four dwelling units or 12 persons per gross acre. 2. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, { and walkways according to city or county standards. All utilities will be placed underground. 4i 10 i 3. Development will coincide with the provision of r public streets, water and sewerage facilities. 4. Planned unit development will be encouraged on f tracts large enough to accommodate ten or more F dwellings. r k Discussion: The Site Plan (see Exhibit 3) indicates the proposals compatibility with the community plan policies. The total number of lots will be 36 or just under 4 per acre. The density will be I somewhat higher than this because of the city's desire to have duplexes developed along the south property line. All development will be unc-�rtaken consistent with policies 2 and 3. C Finally, following the desire of the city plann- ing staff, PD zoning is not being requested. B. Community Need and/or Public Benefit 1. Zone Change The need for a development such as the one proposed for the subject site is best demonstrated by the city's community plan which estimates population levels will increase to 74,000 by 1990. Based upon this growth and other assumptions spelled out in the plan, the proposed site was designated for urbaniza- tion. Specifically, the site was designated as one necessary for meeting the housing needs of the community. Additionally, there is a general public and govern- mental need to maximize the effectiveness of existing ® _ + I lip (% Fa \3A �N o � 6rtr�-rf_t H16HWAYL No 219 - WLL- izQAD DATE PKELIM INA KY PLANAft 3CALE_ A'5 hOoWt4 HALL-L HaMEh tN aEsecn_ PFE _ "rs Cd AKP) pREG�N awuw ex+ns�..na�ocwiw. R DRwwn �k urban services. Water and sewer mains and other city services are now available to the proposed site. It is far wiser and less expensive to de- velop sites with these services readily available than to allow development of sites requiring costly extension of services. 2. Conditional Use Permit The development of duplexes along the south pro- perty line of this site will tend to buffer the single family residential development from the community shopping center proposed for the tax lot to the south (Tax Lot 1301) . In addition, the proposed development pattern will be compatible with that approved for the land west of the site and west of the proposed community shopping center. Finally, in this age of rising housing costs, it is incumbent upon local government to insure a wide range of housing types and sizes at as wide a cost range as possible. Duplex development will only aid in achieving this objective. C. Alternatives To The Proposal There are two differenct ways to look at the concept of alternatives to the proposal. Alternative sites within the city for the proposed development and alternative proposals for the subject site. 13. - � '�1 .. x - - n E� 1 � fy f 1. Alternative Sites Within the City i This issue is not applicable since the land has been annexed to the city and the zone requested is com- patible with the community plan. Even though there are several other sites zoned R-7 in the city, the issue of alternative locations for R-7 areas was i addressed during the plan preparation stage. It was decided at the time that the proposed site and not f some alternative site should be developed for residen- tial purposes. 2. Alternative Uses of the Site The only logical ical alternative use would be the ex- pansion of the proposed community shopping center site (Tax Lot 1301) . All other uses have been care- fully provided for in the Tigard Community Plan. Re- garding community shopping centers, the plan states that the desirable land area is 8 acres. The site reserved for this purpose is approximately 10 acres in size. Therefore, the addition of a portion of the proposed residential site would not be necessary to meet community shopping center purposes. The residential use of the site as identified in the community plan remains totally justified. It is also significant, that as time goes on, it will be necessary for the subject site to be developed a I t 14 _ as planned to help insure the implementation and economic viability of the proposed community shop- ping center. D. Development Impact 1. Public & Commercial Services The development of the site as proposed will not significantly increase the demand for public or commercial services. The site is presently adequately served by the Unified Sewerage Agency, city police, Tualatin RFPD and other city services and will be adequat- ely served by the Tigard Water District following annexation. All other public and semi-public facitlies and utilities are available at the site and development of the site will not create short- ages or capacity problems. r Commercial facilities are well established in the Tigard central business district, near King City, and east on S . W. Durham Road near I-5. As total development continues in the area of the proposed zone change site and the surrounding area in gener- al, there will be increased demand for smaller commercial services including retail and office space. This need will be met at the proposed community shopping center site. I 15 ;,;75_ . Traffic generation from this site will not exceed 400 trips per day. The existing circulation system can easily handle this increased burden. 2, Property Value The proposed improvements to the site will signifi- cantly increase the total valuation of the site and will also increase the value of the land beyond to- day's $4,400. The effect on Tigard' s tax base will be positive. 3. Natural Environment There is a need to provide healthful, safe and aesthetic surroundings and conditions for the public; particularly as associated with new develop- ment. The site plan as presented fulfills this need by providing a landscaped buffer strip along the south property line between the subdivision and the proposed community commercial site, and by providing street tree plantings. The development will be in keeping with similar developments in the area. V. Summary The site plan has been developed to insure a quality residential subdivision compatible with its surround- ings and with the Tigard Community Plan. The grant- ing of the zone change and conditional use permit re �4 quests will allow the implementation of these plans consistent with the city standards and regulations. - 16 - 717 76 7� 1 shoring nc• re-ative effect on wildlife. I t i o Popp stated that he vas concerned with the apartments and duplexes but saw reed for them. He further stated tlla1i he Saw no r.'eed to hold up peel lm�raar,' appro J21 before runoff stud—; es were ccmpleted. Wood moved (Ooldbach seconded) to approve the prelimina3-y plan and progra:p review subject to staff conditions with the fcllowing changes: rlA be modified to permit development of general plan with phased approval for detailed plans. -j9 be deleted and adding the following conditions: 16. A thorough hydrologic study be made to ensure that development produces no adverse impact on dcx%m- stream properties based on 100 year floodplain. 17. Applicant address issue of adequate play space for children, especially away from the greenway. 18. Applicant propose some workable maintenance program for non-homeowner units. 19. A workable plan be developed to assure adequate and timely maintenance of greenway prior to city ded- ication. 20. That duplex and triplex units be developed as com- monwall structures to encourage occupant ownership. Tepedino reco—ended a modification of staff con- dition ;"6 to eliminate the last- two sentences specifying drainage conditions. Uood amended his motion to include Tepedino's recem- mendation. The motion ti;as approved unanimously. j RECESS: The meeting was reconvened at 9:45 P.M. by Vice-Chairman Tepedino. 5.2 C 25-7 (Hallberg domes) Request for a zone map amendment to change the zoning des- ignation from '.nasi"li.ngton Coun ty RU-4 to City of Tigard R-7 for f - y e ye.• r—�. il�. • V v C.—_— cEr1 �2ttIer _n'- '112'n :Load or; Hall io l � acrE parcel b2 Lot 1300 i �. -= rd f-.z�h Co. may_ �J:ap 2S1 11L, ay - Bcw:eva cta T r fReport: Preser_ted by laws ,* ton rndrils (consultal B. cnplicant Presentation: _,e.: ;T C. Public Testimo �T: acne r. �co�, tion: approval v,,ith the follokir_g con- %. Staff �. mmenda this urope" for feE't be dedica ted alcli:, c,t;o::: (l) er.�c +s to S.1'. 'all Blvd. street isproveW.r_ Commission Discussion: hood mc;=ed and Sakata seconded to approve r,-ith staff condition Notion carried unar_imous!Y iallberg =Homes) 1.3 CU 16-77 {-- ao .nest to locate eight duplexes- in a proposed R-ac? '1enEa21 e i be te:een S.W. .tattler aha L'�a_has residential zone �. r lr Tax I,ot 1w., . Boulevard. (:•;ash. Co. may: ..ar 2..1 -tari P.ebrt• Presented bar Lz:tis. tr ; and out shoti;yng r cr 5taf- recommendation. applicant d pattern of 2pr_' p" revise. got + r?e�;mon rr�drus stated that all units 1 pplicant Presents ion: �. X10 rent,-i. are ir_ten .1ded f or e,- o -avid =vans said a pplicant i r�ter_d= to sell half duplexes on individual lots. C. Public me5tim6ny lone +eons: A nrcval Sdi t-- fcllo�+�ing condi.- ctaif Recommend tion: F_ +� 1 5 and the area between ?cts 32-3o be allo:.=ed as `- 1, Lots duplex l6ts. 2. hots .6-8 be eliminated as duplex tats. y• commission Discussion o Wood stated he saw difficult; because Parcels would be ,a