Ordinance No. 78-40 CITY OF TIGARD, OREGON
ORDINANCE NO. 78- 4(J
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
DER-HART ASSOCIATES FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE
CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT
14070 SW HALL BLVD. AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1
12B, AS TAX LOT 1000 FROM CITY OF TIGARD R-7 TO R-7 PLANNED
DEVELOPMENT SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT AND
ADOPTING EXHIBIT "A" , "B", & "C" GRANTING THE APPLICATION AND FIXING
AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as "R-7" Single Family
Residential and further finding that pursuant to prescribed proce-
dures, the above-stated application for a zoning map amendment was
heard in a public hearing held by the Tigard Planning Commission on
June 6, 1978, and all interested persons were there and then afforded
an opportunity 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:
1. The proposed R-7 Planned Development zoning conforms to the
density requirements of NPO #5 and,
2. That with the attachment of appropriate conditions, the
adequate provision of public service can be assured; and
3. That the applicant has shown a community need for his
proposed development on the site herein described; and
4. That the proposed location is most suitable for the
applicant's proposed 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
described in the attached Exhibit "A", for Single Family Residential
Planned Development (R=7) is hereby approved, subject to the provisions
of Chapter 18.56 (Planned Development District) of the Tigard Municipal
Code so embodied in or exhibited by the document submitted and identi-
fied as follows:
Exhibit "A": Legal Description
Exhibit "B" - General Plan & Program
Exhibit "C" - Staff Report
ORDINANCE NO. 78- Alm
ZC 2-78 ='
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And further subject to the following conditions;
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1. That the spine road be developed on a 50 foot right-of-
way with 26 feet of pavement with a 5 foo; tide planter
strip and 5 foot wide meandering sidewalks to be
provided on 15 foot easements.
2. East and west cul-de-sac streets be developed with a 28
foot pavement surface, 5 foot meandering sidewalks
and a minimum of 40 foot cul-de-sac radius; with landscape
islands to be provided within the cul-de-sac streets
(islands subject to design review and fire department
approval) .
3. An 8 foot wide asphalt bike path be provided within the
20 foot easement along the south property line of lot 14.
4. That the following conditions shall apply to the temporary
access point between the west end of the cul-de-sac
street and Hall Blvd.
t
a. A 30 foot wide public easement for utility and
traffic purposes shall be provided.
E
b. A 24 foot wide asphalt surface shall be provided
within this easement area as a temporary access to _
Hall Blvd. This access shall have a 20 foot radius
at its intersection with Hall Blvd. to accommodate
turning movements. ;
C. Closure of this temporary access shall occur when
construction of the spine road to either Hall Blvd.
(at O'Mara Street) or Bonita Road is completed; this
f closure will require removal of the 24 foot
! ,• pavement section connecting the cul-de-sac to Hall
Blvd. and the "lift" of asphalt over the curb. The
area between the cul-de-sac and Hall Blvd. will be
landscaped with sight screening plant materials and
a landscape plan approved prior to final plat recording
` = The cost of closure (all improvements required above)
will be borne by the developer and a bond filed with
the City in an amount twice the estimated cost of f;
carrying out the above-stated changes. ,
5. That all building permits be subject to design review.
_i
SECTION 3: This ordinance shall be effective on and after the 31st ,
day after its passage by the Council and approval of
the Mayor.
ZIP
PASSED: By � vote of all Council members present this p
day of Ja e 1978, after being read two `
times by number and title only.
Recorder - City o igard
APPROVED: By the Mayor this a� day of , 1978. °
�A Page 2 €
ORDINANCE NO. 78-
ayor - City of Tigard
27 OCV. 97T
RAST TRACT
A •tract of land in Section 12, Township 2 South, Range
1 West of the Willwwtte Wridian, Washington 'County, Oregon
being part of that certain tract of land described in deed to
Reymond and Connie Young record in Book,660, Page 14,
Washington County Deed Records and being described an follows:
beginning at an iron rod in the South line of said Young traot
that is NQ905517., 15.8.5 feet from the Southw0dt corner of said
tract; thence N12®36 t w,•'30.73 feet parallel with the West line
of paid Young tract to an iron rod; thence N89e5519, 9730 feet
parallel with the South line of said Young tract to an iron rode
thence N00,0 05'fit, 91.00 f eot to an iron rod in the North line of
said Young tract; thence N890551R, 768.15 feet to an iron pip
at the Wortheast corner of said Young tract; thence 800�12tA,
121.00 foot to an iron pipe at the Southeast corner of said
Young tract; thence S896551w, 859.03 feet (passing an iron rod
at 599.61 feet) to the point,of beginning.
` 3
1
1
Code Deviations Requited for Development and ,justification
Der-Hart Associates P.D.
Tax lot 1003, Map 2S1 12B
i
1. _Lot Size: In the proposed development, the lot sizes range from 5,932
t6-7—,5_84 square feet in the detached single family area to the West of
the spine road and from 3,628 to 4,728 square feet in the attached
single family area East of the spine road. Under the requirements of
the R7 zone these would need be 7,500 and 5,000 square feet, respectively.
However, the Plan of the area designates this site for 6 du/Ac. devel-
opment West of the spine road (which would dictate an average lot size
of approximately 5,400 square feet) and for 8 du/Ac. development to the
East (with an average lot size of 4,100 square feet). The proposed
General Development is in conformance with these standards.
2. Street Standards: As per the conditions of the approval of the
Preliminary Development Plan, the streets of the proposed P.D. consist
of the spine road, which has a 50 foot right of way with 36 feet of
improvement and meandering sidewalks, and two half streets with cul-de-
sacs to facilitate future development of the adjacent property to the
South. These streets, when completed, will have 50 foot rights-of-way
with 34 feet of pavement and meandering sidewalks. The cul-de-sacs will
have a 45 foot radius right of way and a 41 foot radius improvement with
sidewalks. A landscape island with a radius of 19 feet will be included
in the center of each cul-de-sac. Until the spine road is completed,
access to the project will be via Hall Blvd. (see note 1 on the General
Development Plan)
3. Open Space: The Tigard P.D. ordinance requires that common open space
for the use of the residents be provided in a P.D. In the proposed
development, the size of the parcel (2.20 Ac) and the amount of area
required for streets and drives precludes the possibility of including
a usable amount of open space. The project will, however; provide other
amenities which will compensate for this. Most of the area to the East
of the site is in the 10O year flood plain of Fanno Creek, which is
designated as a greenway on the Plan of the area. The residents of the
projected dwelling units will have access to the greenway by means of a
bike/pedestrian path along the South property line of lot 14. No
resident of the development will be more than approximately 1JUU feet
from the greenway. The design of the attached single family units has
been developed with particular attention to the provision of private
open space and outdoor living area fc the residents. By using two
story units which are relatively narrow in relation to their depth, we
have maintained an average of 42 feet between buildings, and, in addition,
each unit will have an enclosed private patio off the dining area. The
total building coverage in the attached single family area is only 22°',x.
:x
A+ � (4
Statement of Program.Elements to Accompany General Development Plan
Der-Hart Associates P.U.
Tax lot 1000, Map 2S1 12B
A. Goals and Objectives of the Development: The intentions of this project
ar provide for the housing needs of the City of Tigard as outlined
in item A, Market Analysis, of the Preliminary Development Plan Program
Statement, and to insure that this housing meets high standards of
living Environment and aesthetic quality. To this end, the site plan
has been designed (within the constraints of the site and the City•s }
ordinances) to give each unit a maximum of privacy and usable open i
space, and to give the entire project a unified design which emphasizes
the arrangement of the total area with respect to building design and
placement and their relationship to the development as a whole. By
approaching the project as a single unit, the lack of continuity between
elements typical of many standard subdivisions is avoided.
B.- Market Analysis: Not required (see item A, Preliminary Development Plan
Program Statement)
C. Distribution of Land Uses:
Total area: 2.20 Ac.
Area in detached single family*: 0.61 Ac. (26,508 sq, ft. )
Number of units : 4
Area in attached single family*: 0.96 Ac. (41,843 sq. ft.)
Number of units : 10
Area in street rights-of-way : 0.56 Ac. (24,475 sq. ft.)
Percentage 25.5% of total site
Off street parking: 2 spaces per unit
*does not include street area
D. Density of Developr.,ent:
Attached single family: 7.8 du/Ac.
Detached single family: 4.7 du/Ac.
F.. Provision for Maintenance of Common Areas: The only common area in the
development is the access drive from Hall Blvd. Maintenance of this
will be provided for by a deed restriction which allows assessment of
_the property owners having use of it by the City to provide the funds.
All other areas of the development are to be either privately owned or
dedicateed to the public.
STAFF rzr()hi
AGENDA 5.2
TIGARD PLANNING COMMISSION
June 6 , 1978
Fowler Junior High School - Lect-ure Room
10865 S.W. Walnut - Tigard, Oregon
Docket: Zone Change ZC 2-78
Request: For a general plan and program review of a residential
planned development and zone map amendment from R-7 to R-7: `*
planned development for a 2.20 acre parcel.
Location: 14070 SSV Hall Blvd. (Wash. Co. Tax Map 2S1 12B, Tax- Lo t
1000) . z.
Applicant : Der-hart Associates
I. Findings of Fact:
1. The applicant is requesting general plan and program
review in accordance with Section 18.56.030 of the
Tigard Municipal Code for a 2.20 acre (14 lot)
residential planned development at 14070 SFV Hall Blvd.
(between Hall Blvd. and Fanno Creek).
2. The site is designated eight dwelling units per acre on
the east side of the spine road and six dwelling units
per acre on the west side of the spine road on the
Neighborhood Planning Organization 5 Plan and currently
zoned R-7, "Single Family Residential".
3. Applicable objectives from the NPO 5 Plan for this area
(referred to in the NPO Plan as the ."Bonita Triangle")
are the following:
a. Establish an overall density which can economically
support lower cost housing alternatives while not
overtaxing the required public facilities and sere-
ices.
b.' Maximize the benefits of the open space provided by
the Fanno Creek flood plain and the buffering effects .
of its vegetative cover.
c. Pro•7ide pedestrian linkages to the areas of usable
open- space.
d. Provide vehicular access,which serves all properties
while minimizing conflict points on Bonita and Hall.
e. Provide for a diversity of housing types and densi-
ties. .
4. Section 18.56.010 of the Tigard Municipal Code states
that:
Purpose. The purpose of the planned development district is ,to
STAFF REICT ,
.
AGENDA -5.2
TIGARD PLANNING CO3WMISSION
June 6, 1978
Page 2
provide opportunities to create more desirable. environments
through the application of flexible and diversified- land
development standards under a cor...prehensive plan and .program
professionaZZy prepared. .The planned development district _
is intended to be used to encourage the application of new
techniques and new technology to corrnunity development which
will result in superior living or development arrangements
with lasting vaZues. .It.is further intended to achieve
economies in land development, maintenance, street systems., "
and utility networks while- providing building groupings for
p.rivacy, usable and attractive open spaces, safe circulation,
and thc general, wall-being of the irizabi.tants.
5. On March 21 , 1978, the Tigard Planning Commission
approved the preliminary plan and program review for this
proposed development subject to the following conditions.
_ 1 . That the alignment of the spine road be revised so
that the properties to the north and south are not
t adversely affected.
2. That the spine road be developed on a 50-foot right-
of-way with 36 feet of pavement with meandering
sidewalks to .be provided on 10-foot easements.
3. That a half street improvement on a 24-foot wide
pavement and meandering sidewalk be provided along
the south property. Line serving all .lots _within the
development; and that a half cul-de-sac with a 40-
foot radius be provided between lots. 13 and 14 .and 1
Ay and 2 at the .east and west ends of. the half street;
and that landscape islands be provided within. the
cul-de-sac. at such time. as the. remaining. portion of
the street is developed on the adjacent parcel.
4. That a temporary access {on a 24-foot wide surface) .
z be provided on to Hall Blvd. through the western
cul-de=-sac and that the applicant submit for general
plan approval a program specifying how this temporary
access will be closed at such time as the spine road
is connected.
5. That a bikepath be provided between lots 13-14 for
access -to the greenway.
sr.
6. That lot 5 be revised to accommodate the necessary
setback requirements.
s 7. That the_west property line of lot l •be relocated to
provide a minimum 15 feet from the rear yard setback
for the existing house and guest house..
STAFF REP RT
AGENDA 5.
TIGARD PLA'''Nl-,NG CO:ti1IISSIOV
Jtuue 6, 1978
Page 3
8. Lots 3 and 4 be single family detached lots and have
minimum lot size of 5, 000 square feet.
9 . That lots 4 and 5 have a 30-foot setback along the
spine road frontage.
6. The applicant has essentially incorporated into the
general plan and program the conditions of preliminary .
approval by the Planning Commission with the following
exceptions: -- ,
Condition 3
The applicant is requesting deviation from the street
standards of the code by providing. within a 50 foot
right-of-way a 14 foot pavement service from centerline
of the east and west cul-de-sac streets.
Justification for this deviation is based on the
following reasons:
1. The, narrower street will allow more usable
area to the north of the spine road, while
reducing the amount of asphalt and allowing
`* for a better arrangement of lots.
2. Reduction of asphalt is in keeping with the
planned development ordinance, which stresses
preservation of natural features and open space.
3. A better arrangement of the living units. can be
attained while maintaining the necessary parking
needs and increasing the space available for
-rear yards.
Condition 5
The applicant is proposing a bike path along the south
property line of lot 14 off the end of the east cul-de-
sac street. Because of the relocating of lots 13 and 14
it does not appear feasible to provide a.path between .
these two lots as per Condition 5. However, the intent
of the condition appears to be satisfied.
7. The revised lotting pattern and location of -the single. <t
family detached and attached single family units on the
west and east sides respectively of the spine road has
taken place per Condition #8 and would therefore satisfy
the intent of the NPO Plan.
II. Conclusionary Findings:
STAFF RE AT � 4.
AGENDA 5.2
TIGARD PLANNING COMMISSION
June 6, 1978
Page 4
: I .- The request conforms to the density requirements .of
the NPO 75 Plan and incorporates the proposed spine
road which will eventually become the major access
road for these properties:
2. The deviations from the street standards of the code
would appear to be in order to preserve both open
space areas and natural features on.-.the site while not f:
endangering the safe 'and efficient movement of both
pedestrian and vehicular traffic.
III Staff Recommendation: .
Based on Findings of Fact and Conclusionary .Findings staff
recommends approval of the general plan and program with
the following conditions:
1. That the spine road be developed on. a 50 foot right-
of-way with 36 feet of pavement with a 5 foot wide
planter strip and 5 feet wide meandering sidewalks to
be provided on 15 foot easements.
2. East andwest cul-de-sac, streets he developed with a
28 foot pavement surface, 5 foot meandering sidewalks
and a minimum of 40 foot cul-de-sac radius; with
landscape islands to be provided within the cul--de-sac
streets (islands subject to design reviewk Ld�u cL•.prY.�,N1 t"�';
-3.- An 8 foot wide asphalt bike path be provided within,
the 10 foot-easement along the -south property line
of lot 14. i
4.- That the following conditions shall apply to the
temporary access point between the west end of the
cul-de-sac street and Hall Blvd.
a. A. '30 foot wide public easement for utility' and
traffic purposes shall be provided.
b. A 24 foot .wide asphalt surface shall be provided
within this easement area as a temporary access. to
Hall Blvd. This access shall have a 20 foot, radius', "
at its intersection with Hall Blvd. to
turning movements.
C. Closure of this temporary access shall- occur when
construction of the spine road to either Hall Blvd.
(at 0'1.•iara Street) or Bonita Road- is completed; this
closure will require removal of the 24 foot -pavement
section connecting the cul-de-sac to Hall Blvd. and
A STAFF REP T !
AGENDA 5.
TIGARD PLANNING M11MISSION
June 6, 1978
Page 5
the "lift" of 'asphalt over the curb. The area between
the .cul-de-sac and Hall Blvd. will -be -landscaped
with sight screening plant materials and a landscape
plan approved prior to final plat recording. The cost .; .
of closure (all improvements required above) will be
borne by the developer and a bond filed with, the City
in an amount twice the estimated cost of carrying out ;
the above-stated changes.
5. That all building permits be subject to design 'review..
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038 - 4464
John Laws May 24, 1978
Tigard Planning Dept.
12420 SW Main St.
Tigard, OR. ' 97223
re: Street standards, General Development
Plan, Young Property P.D.
Dear John:
As we discussed on Wednesday (5/24/78), I'm writing to request "that we be' granted
a deviation from the City development Code to allow the construction of two
dedicated streets with a 28' improvement width along the South property line of the
subject property (tax lot 1000. map 2S] 12B). In accordance with the submitted
General Development Plan, these streets would have as their centerline the South
property line of tax lot 1000, with 25' of right-oE-way and 14' of improvement on
either side of the centerline.
The reasons for requesting this deviation are as follows:
i 1. The narrower street will allow more usable area to the North of
the spine road, which in turn will permit a better arrangement
of the lots and a reduction in the area required for paving
in that area_
2. The reduction of the paved area is in keeping with the overall
concept of the P.D, which stresses preservation of the site's
natural features and provision of open space.
3. The reduced street will permit the units to.be moved closer to
the centerline of the street while maintaing adequate parking
and driveway area on the lots, thus increasing the space
available for rear yards.
In addition, we agree to the provision of a 5- foot planting strip on either side of
the spine road, with an additional 5 foot easement on each side to allow for
meandering sidewalks behind the planting strips.
sincerely, I
Bill Svendsen
t
MINUTES
TIGARD PLANNING COMMISSION ~
June 6, 1978
Page 3
Corliss was concerned with forcing the improvement of the
stroet in -Front of the private property; she was against the
landscape islands and questioned the berms.
Wood questioned the cul-de-sac turning radii.
L,.ws stated the Fire Dept. had approted the design.
f
Wood questioned Staff Rec. #7 who would maintain it; agreed
with #6; #1 the size of the development warranted the developer
improving the private property.
Laws stated the Planning Commission itself required sidewalks 4
at other development.
Sakata and Wood both questioned moving lot 1 .
Popp felt under Staff Rec. #1 , the half street improvement
should be made but sidewalks could be deleted.
McMonagle. objected to improving land they don' t own
Corliss was concerned with the berm/fence.
Wood made a motion for approval based on staff findings and
recommendatoris with the following changes #1 delete "deleting
sidewalks for Tax Lot . . . to the end.
#4 the lot 7 be changed to 1; #5 require the landscape islands
be (subject to design review and firedepartment approval) ;
#6 deletion of "or fence"; #8 have added "restoration shall be
restoring of the exterior pli.is landscaping as approved by the
Park Board.
Popp seconded the motion.
Motion passed. Wood, Popp and Rossman, yes. Corliss, Sakata,no.
5. ONE CHANGE ZC 2-78 (Der-Hart) NPO 5
A requestbby Der-Hart Associates for a General Plan and Program
Review of a Residential Planned Development and Zone Map Amendment
from R-7 to R-7 PD for a 2.20 acre parcel at 14070 SW Hall Blvd.
(Wash. Co. Tax Map 2S1 12B, Tax Lot 1000).
A. Staff Report : Read by Laws.
B. Applicant's Presentation: Bill Svendsen, 1544 S.E. Hawthorne,
stated he was in agreement with the staff report.
C. Public Testimony.
a. opposition: Joe Van Donnegan, 13990 SW Hall, Wanted a
clarification of road change.
Laws answered 450 feet.
MINUTES
TIGARD PLANNING COMMISSION
June 6, 1978
Page 4
D. Staff Recommendation:
Based on Findings of Fact and Conclusionary Findings staff
recommends approval of the general plan and program with `
the following conditions:
e
1 . That the spine road be developed on a 50 foot right-of-way )
With 3 feet of pavement with a 5 foot wide planter strip
and 5 feet wide meandering sidewalks to be provided an {
15 foot easements.
2. East and west cul-de-sac streets be developed with a 28
foot pavement surface, 5 foot meandering sidewalks and
a minimum of 40 foot cul-de-sac radius; with landscape
islands to be provided within the cul-de-sac streets
(islands subject to design review and fire dept. approval)
3. An 8 Foot wide asphalt bike; path be provided uithin the 10
foot easement along the south property line of lot 14.
4. That the following conditions shall apply to the temporary
access point between the west end of the cul-de-sac
street apd Hall Blvd.
a. A 30 foot wide public easement for utility and traffic
purposes shall be provided.
b. a 24 foot wide asphalt surface shall be provided within
this easement area as a temporary access to Hall Blvd.
This access shall have a 20 foot radius at its intersec-
tion with Hall Blvd. to accomodate turning movements.
C. Closure of this temporary access shall occur when con-
struction of the spine road to either Hall Blvd. (at
O'Mara Street) or Bonita Road is completed; this
closure will requireremoval of the 24 foot pavement
section connecting the cul-de-sac to Hail Blvd. and
the lift of asphalt over the curb. The area between the
cul-de-sac and Hall Blvd. will be landscaped with sight
screening plant materials and a landscape plan approved
prior to final plat recording. The cost of closure
(all improvements required above) will be borne by<-the
developer and a bond filed with the City in an amount
twice fihe estimated cost of carrying out the above
stated changes.
5. That all building permits be subject to design review.
E. Commission Discussior -
Sakata questioned the 3E10 sq. ft. lots.
Woad stated it Was acceptable and would bring prices down.
Rossman questioned the lowered price
i
rMIMUTES
TIGARD PLANNING COMMISSIOX
June 6, 1976
Page a5
Corliss liked the plan.
Popp was concerned over small lots.
i
Wood made a motionfor approval based on staff findings and
recommendationsl
Rossman seconded The vote was unanimous.
5. 3 ZONE CHANGE ZC 12-78 (Oscar Clark) NPO S
A request by Oscar Clark for a Zone Map Amendment from R-7 "Single
Family Residential" to CP "Commercial Professional" for a 1 .01 acre
parcel aL 7540 SW Hunziker (Wash. Co. Tax Map 2S1 288, TAx Lots
101 and 102) . °
A. Staff Report read by Laws.
B. Applicant' s Presentation: David Wedge, 6310 SW Burlingame Ave. ,
stated there was industrial development to the north of this
site, the property was best suited for Commercial Professional;
it would halt the strip development in Tigard; and would best
meet the commjnity 's needs.
C. Public Testimony
Opposition: William Fray, 7505 SW Crestview, stated their homes
were built predicated on R-7 zoning and it should remain
residential.
Ray Ames, 13400 SW 76th, stated a detailed site plan was needed.
0. Staff Recommendation:
Based on Findings of Fact and Conclusionary Findings, Staff
recommends approval.
- Wedge stated it wasn't feasible to develop only part of the site;
an adequate visual buffer could be put in; this was the best plan
possible for tax dollars; the integrity of the area would not be
distorted.
Ames and Fray felt the provision of sewer would increase the
property value and the home onthe site should be preserved.
E. Commission Discussion � ' +>
sig{
Popp felt an error was made when the R-7 zoning was changed to-
A-2; the commercial development would encroach into the area dnd
he was opposed.
Wood, Sakata and Rossman and Corliss stated it was zoned Commercia:
Professional on the Comprehensive Plan.
Sakata moved for approval based on staff findings and recommendatic
The motion passed.