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Ordinance No. 78-46 ..___._..._ ...._... .. v } CITY OF TIGARD, OREGON z ORDINANCE NO. 78- r' AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY CENTURY 21 FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF a TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT WESTSIDE OF S.W. 121st & KATHERINE STREETS DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 3BB, TAX LOT 7200; TAX MAP 1S1 34C, TAX LOT 1200 FROM R-7 & R-15 TO R-7 PLANNED DEVELOPMENT AND ADOPTING EXHIBIT "A" , "B" , & "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. _ t s THE CITY OF TIGARD ORDAINS AS FOLLOWS: f F SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as R-7 Planned Develop- ment 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 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 b' 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 1. The proposed density conforms to the Community Plan, 1971 and NPO #7 Draft Plan designation of "Urban Low Density ti Residential" and to the underlying R-7 zoning of 4 units per acre. k 2. Although the applicant has not addressed the proposed deviation from the street right-of-way standards of the code, the variance would appear to be in order, in that, , it would not be detrimental to the public health, safety or welfare of the property owners while being in keeping with the concepts of the planned development ordinance. 3. Lots 2 and 7 are poorly situated within the drainage swale. This situation can be remedied by eliminating the cul-de- sac street serving lots 3 and 4, making these flag lots, ): thereby permitting lot 7 to be shifted eastward and lot 2 eliminated. The savings to be realized by not constructing the cul-de-sac and diverting the existing sewer line around lot 7 should offset the value lost from eliminating , one building lot. 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 (R-7Y—Residential Planned Development is hereby approved, subject to the provisions of Chapter 18. 56 (Planned Development District) of the Tigard Municipal Code so i embodied in or exhibited by the document submitted and identified as follows: Exhibit "A" : - Legal Description Exhibit "C": - Staff, Report Exhibit "B": General Plan & Program ORDINANCE NO. 78- R 7,C 14-78 � i And further subject to the following conditions: 1. A half street improvement to collector street standards be provided along the 121st Street frontage (to include Tax Lot 6500) . 2. Five feet of right:-of-way be provided along the 121st Street frontage for street improvement purposes. 3. That Tract A and B be dedicated to the City. 4. Lot I be eliminated and Lot 2 be shifted eastward by means of eliminating the cul-de-sac street. 5. Landscape islands be provided within the cul-de-sac islands, (subject to design review and fire department approval) and maintenance responsibility for the landscape islands be prescribed to the surrounding lots. 6. That a berm be provided along the rear property lines of those lots with frontage off 121st Street subject to design review approval. 7. That a landscape plan be submitted for the area in the southeastern most portion of the site and maintenance g responsibility for this area be assigned to the surrounding lots (35, 36, 41 and 42) . 8. That the windmill be restored and the windmill and surrounding area be dedicated to the city as a historical landmark. Restoration shall be restoring of the exterior plus land- scaping as approved by the Park Board. 9. That the cul-de-sac streets be developed on a 40 foot right-of-way with 28 feet of pavement surface and 5 foot sidewalks on both sides of the street with the cul-de-sac having a 40 foot minimum radius. SECTION 3: This ordinance shall be effective on and after the 31st ' day after its passage by the Council and approval of the Mayor. ' PASSED: B Y1�19ah. nva e of all Council members present this 7h day of 1978, after being ,i read two times by numbe a title only. Fx_ corder - City of Tigard �y APPROVED: By the Mayor this day of 1978. All r.'= City of Tigard PAGE 2 r5 ORDINANCE,'NO. k ZC 14-7$ t EXHIBIT "A" Order No. 335601 PARCEL I Beginning at the Northwest corner of LERON HEIGHTS PLAT NO. 3, a subdivision of record, being a point in the center of S. W. 121st Avenue; thence South along the center of S. W. 121st Avenue to a point on the South line of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, Washington .County, Oregon; thence West along said South line to the Southwest corner of said Section 34; thence North along the West line of said Section 34, 655.49 feet to the Southwest corner of tract described in deed to James J. S. Praggastis et al, recorded October 7, 1969inBook 759, page 58, Washington County Records; thence North 89 52 East along the South line of said Praggastis tract, 1331.6 feet to the point of beginning. Excepting therefrom that portion conveyed to school District No. 23J (Tigard) Washington County, Oregon, described as follows: In the Southwest quarter of Section 34, Township 1 South, Range I West, Willamtte Meridian, Washington County, Oregon: Beginning at the Southwest corner of said Section 34, thence South 88° 40' 27" East along the North line of BR00KWAY, a duly recorded subdivision in Washington County, Oregon, 709.90 feet -7 to a point; thence NOrth 01° 13 ' 13" East 660.53 feet to a point; thence North 880 52' 27" West 710.79 feet to a point on the West line of said Section 34; thence South 010 08 ' 33" West 657,84 feet to the point of beginning. PARCEL II Beginning at an iron pipe at the Northeast corner of BROOKWAY, a subdivision of record, in Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence South 010 38' 25" West along the East line of Brookway and the Southerly extension thereof, 449.51 feet to the Northwest corner of that tract described in deed to Lyle D. Goodell et ux, recorded January 26, 1960 in Book 426, 534, Washington County Deed Records; thence North 82° 14' Eastealong the North line of said Goodell tract, 257.98 feet to an iron pipe at the Northeast corner thereof; thence South 220 42' East along the East line of said Goodell tract, 553.0 feet to an iron Pipe at the Northeast corner of that tract described in deed to Chester V. Earls et ux, recorded August 25, 1969 in Book 754, page 719, Records of Washington County; thence North 780 18' Continued • r;xHIBIT "A" (ConLied) Urder No. 33!)b< - Page East along the North line of said Earls tract and the Easterly extension thereof, 305.0 Leet to a point in the center of S. W. 121st Avenue ; thence tlorth Vj 18 ' East along *said center line to the Southeast corner of that tract described in deed to George Anderson et ux, recorded February 28, 1945 in Book 240, page 335, Washington County Deed Records; thence oNorth r85° 00 ' West 201 .9 feet to an iron pipe; thence North 38 53 ,lest 27 .8 feet to an iron pipe; thence North 70 18' East 199. 1 feet to an iron pipe; thence South 85° 00 ' East 221.9 feet to the Northeast corner of said Anderson tract, being a point in the center of S. W. 121st Avenue; thence Northerly along said center line to a point on the North line of said Section 3; thence West along G said North line to the point of beginning. ` Excepting therefrom those portions of Parcels I and II described herein as follows: A portion of that certain tract of land conveyed to Helen C. J. Christensen by deed recorded in Book 385, page 369, Washington County, Oregon Deed Records in the Southwest quarter of Section 34, Township 1 South, Range 1 West, and the Northwest quarter of Section 3, Township 2 South, Range 1 West, Willamette meridian, Y Washington County, Oregon, said portion being a strip of land 50 feet in width, the limits of which are more particularly described as follows: Beginning at the Northeast corner of Lot 49, BROOKWAY, a plat of record in Washington County, Oregon, and running thence North 010 38' 25" East 150 .00 feet along the Easterly line of said Brookway to the Northeast corner thereof; thence along the Northerly line of said Section 3, South 88° 40' 27" East 50.00 to a point; thence South 010 38' 25" West 74.87 feet to �tp int; thence along the arc of a 25-foot radius curve to th.QP long chord of which bears South 430 31' 01" East 35.45 feet) 39.41 feet to a point; thence South 881 40' 27" East 68.80 feet to a point; thence along the arc of a 200-foot radius curve to the left ( the long chord of which bears North 660 25' 33" East 168.41 feet) 173.83 feet; thence North 410 31' 33" East 189.71 feet to a point; thence along the arc of a 400-foot radius curve to the right (the long chord of which bears North 610 31' 33" East 273.62 feet) 279.25 feet; thence North 810 31' 33" East 74.62 feet to a point on the Westerly line of LERON HEIGHTS, PLAT NO. 3, a plat of record in Washington County, Oregon, in the center of Southwest 121st Avenue (County Road No. 358) ; thence along said Westerly line South 08° 28' 27" East 50 .00 feet to a point; thence South 81° 31' 33" West 74.62 feet to a point; thence along the arc of a 350-foot radius curve to the left (the long chord of which bears South 61° 31' 33" West 239.41 feet) 244. 35 feet to a point; thence South 41° 31' 33" West 189.71 feet to a point; thence along the arc of a 250-foot radius curve to the right (the long chord of which bears South 66' 25' 33" West 210.52 feet) 217.29 feet to a point; thence North 880 40' 27" West 144.21 feet to the place of beginning and as granted and dedicated to the public by deed recorded in Book 836, page 239, Washington County Records. I.., AC I T 0! r. V ALC'jR nC'T t40. •1-1 • r, - ?n "\�t. [,:7'.Ii'' 1 '1-2� •7 ' I t f giniC. '1!:•.. {ri) V1.L �P/! V�LJ�'- i i' 7 1jd .3 ) i-�'� rR L to ) ;uAI .) i!":( T 3 01 F.H �; r\ir r req n NY UR `F 4-21I5g"7�Q ; LF i , ! 1 (�TEr.t 1 X5.30 �N ;.tAJE ,(i c, 1.:,dF. 1? ST AVE TIG)ARO, 'iii 47,) ' TIGA":Q OREGO't� 1.0T �1L0GK 10.Pt A^ �i.7-0rIED FA.1 ., ;..'ii; _,a•,fr_; .i I:A!-. MAY Gr ?ATIO 503 LZ R19 VALOURi7ATc I{;o Et, 10-2�i-7 t i V A L 'J .E O t t , r �� { �,,;iJ Vh►. PAP VALUE T I;',TAf -? t.+,nt1KET VAL DATF. i 5,on" 7 r11:�9 +')`'-31 -7 c;,2n ' 60 7 1 .AK JJt�4I7 Ii;T TO A . i 12 ', _ /f,7� s ' T H E W I N D M I L L P L A N N E D D E V E L O P M E N T 121st Street, Tigard, Oregon Century 21 Developers 4547 S.W. Scholls Ferry Road Portland, Oregon 97225 297-1493 n Harris-McMonagle Associates, Engineers 8905 S.W. Commercial Tigard, Oregon 97223 639-3453 Eldon E. Edwards, Planning Consultants 71 S.W. Oak Street Portland, Oregon. 97204 222-1474 Y 1 . PURPOSE The purpose of this application is to rezone 19.5 acres for a single family Planned Development. There are 42 units proposed which is a gross density at 2.15 dwelling units per acre. Roughly 9.2 acres are open space and 10.3 are in development. REQUEST This request is for a rezone from R-7 and R-15 to R-7 P.D. NEED The zoning is needed to provide flexible lot standards. JUSTIFICATION This design will: 1 . Protect the flood plain. 2. Provide additional open space. 3. Provide year around useable open space. 4. Provide open space next to proposed school . 5. Provide storm drainage retension. 6. Clean up flood, plain area. 7. Protect habitat. 8. Provide a more logical street connection from Katherine. ;;1............. ------------ , I } i Windmill/Page 2 11 . ORDINANCE REQUIREMENTS The Tigard Zoning Ordinance in Section 18.56.020 requires that both Plan Elements and Program Elements be outlined in the Preliminary Development Plan and Program. A. PLAN ELEMENTS 1 : Land Use And Density The property is to be used as residential land with 42 building lots. The site size is 19.5 acres. The gross density is 2.15 dwelling units per acre. Of this, 9.2 acres is open space and 10.3 residential use. In the residential area 2. 12 acres are in street right-of-way. The net density is, therefore, 5.15 dwelling units per acre. 2: Building Types And Intensity The buildings will be one and two story dwelling units, depending upon the contours and natural features of the land. The architectural types will vary. The intensity of the land use will be one dwelling unit for every 8458.25 square feet of the building area and one dwelling unit for every 20,224.28 square feet of the gross site. 3: Circulation Katherine Street winds thru the site from east to west. The right-of-way ¢ is actually in the flood plain at the northeast side. It is proposed that the connection be re-aligned to meet Lynn Street on 1 _s k� Windmill/Page 3 ' the east of 121st. This would avoid poor soil areas and make con- struction easier less expensive and more permanent. Cul-de-sacs from Katherine - Lynn would serve the dwellings. Pedestrian access to open areas will be provided at the ends of the two north Cul-de-sacs. 4: Parks Playground and Open Space Part of open space abuts the proposed elementary school and could be used with it. About 47% of the site is proposed to be open space of which around 40% is above the 100 year flood plain. 5: Existing Natural Features The north end of the site is in the flood plain and 2 Swale runs along the west side. The area above the flood plain has been cultivated and x has no trees. The only trees are around the existing house which is cut out of this development. The soil is clay. Summer Creek is along the f north property line. f B. PROGRAM ELEMENTS i The requirements for the Preliminary Development Plan also indicate that the following Program Elements should be addressed: 1 : Market Analysis F Lots for single family development in this area are "pre sold". Additional data will be provided at the Planning Commission meeting so that it will be ; most current. is B. PROGRAM ELEMENTS t cont i ns,Pd) Windmill/Page 4 2: Ownership Pattern There will be 42 owner-occupied dwellings in the completed project. 3: Operation And Maintenance The majority of the property will be owned in fee simple by the residents. The open space will be deeded to the City, or kept in an undivided common property ownership. 4: Waste Disposal Facilities .1 . Sanitary Sewer - A 12" sewer runs through the site at about the 100 year flood line. Therefore the site will gravity feed. 2. Storm Drainage The established floodplain at p approximate elevation 170 traverses the site in a northwest direction. This drainage area re ceives runoff from a portion of the northslope of Bull Mountain. From the floodplain the site slopes westerly towards the area of the flood- plain, storm drainage will be directed toward the floodplain. 5 Street Lighting Lights will be placed at all intersections and culdesacs, and spaced at not more than 150 feet in the intervening areas with the approval of Portland General Electric Company. z Windmill/Page 5 B. PROGRAM ELEMENTS (continued 6: Water Supp Water will be provided by the Tigard Water District. An existing 8" water line is adjacent to the site on the east side at S.W. 121st Avenue. On the west side of the property exists a 6" line at S.W. Katherine Street. A 6" line will be constructed to connect the 6" line, running directly across the site ultimately joining the 8" line on S.W. 121st Avenue. Internal distribution line will be by 6" lines serving area with fire hydrants. The facilities will conform to the Tigard Water Districts standards and specifications. 7: Public Transportation The only transit service in the area is provided by Tri-Met's line 45 Greenburg Tigard. This route provides service to Washington Square and downtown Portland from the Canterbury Shopping Center on Highway 99W. The stop nearest to the Windmill development is located at the intersection of S.W. 121st and Walnut Streets. . Service starts at 5:25 a.m, and runs until 10:30 p.m. , 6 days per week. The Sunday schedule is from 7:40 a.m. until 6:30 p.m. 8: Community Facilities 1 . Schools - The site is in the Tigard School District. Within the next year a new Tigard Elementary School will be built on the site adjacent to the west property line. All children from this development will go to this new elementary school and Tigard High School . a r ' Windmill/Page 5 B. PROGRAM ELEMENTS " l 8: Community Facilities (continued) i f 2. Shopping Center - A new neighborhood shopping center has been approved for the southwest corner of the intersection of 121st and Scholls Ferry Road. This development is immediately east of the site within 1/4 to 1/2 mile of the future residences. 3. Fire Protection - Fire protection service will be provided by The Tualatin Rural Fire Protection District. 111 . FASANO REQUIREMENT'S The change of zone in any district requires that the four Fasano Requirements be addressed. A. Does the development conform to the Comprehensive Flan? _ _ I r The Comprehensive Plan shows the area as Low Density residential . This proposal is for 2.12 dwelling units per acre. k` The open space shown along Summer Creek has been preserved in this plan which is logical considering the flood plain and the contour of the area. B. Is there a need for the proposed development? First, the Comprehensive Plan of the City of Tigard shows the area as residential which indicates that residential areas are needed v.'ItH n the L t v Windmill/Page 7 Ill . FASANO REQUIREMENTS (continued) City, ar.d are available for development. Second, There is a shortage of housing both nation-wide and locally. Third, the City of Beaverton has 2 building moratorium and is not available for any type of residential construction. The City of Canby is not accepting any annexations until their water supply is increased. Additional data will be delivered at the meeting. C. Demonstrate that this property better fulfills that public need better then anv property presenity zoned. There is no property presently zoned which would allow the type of development being proposed in the project known as Windmill . All residential land must be rezoned individually in order to qualify ter a Planned Development. D. The development protects the health, safety, and general welfare of the residents of the City. The applicant and his Staff have reviewed the Policies and Programs of the City .of Tigard, and have adhered to City policies and programs. We have followed the general plan, allowed for extra right of way where required, shown the open spaces where required. We will connect Lyr.n and Katherine as instructed by City and school district. STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION June 6 , 1978 Towler Junior High School - Lecture Room 1.0865 S .W. Walnut - Tigard, Oregon Docket : Zone Change ZC 14-78 Request : For preliminary plan and program review of a 42 lot Residential Planned Development and Zone flap Amendment from R-7 and-R-15 to R-7 Planned Development for a 19.62 acre parcel . Location: Westside of SW 121st and Katherine Streets (Nash. Co. Tax Map 2S1 3BB, Tax Lot 7200; Tax Map ISI 34C, Tax Lot 1200) Applicant: Century 21 Homes I. Findings of Fact : 1 . The applicant is requesting preliminary plan and program approval in accordance with Section 18.56.02.0 of the Tigard 11unicipal Code for a 42 lot lot single family residential planned development. 2. The site is designated on the Tigard Community, 1971 , and NPO #7 Draft Plan as "Urban Low Density Residential" and currently zoned :1-7 (Tax Lot 1200) and R-15 (Tax Lot 7200) "Single Family Residential" applicable policies from the Tigard Community Plan, 1971 , are as follows: A. The maximum overall density of development will be four dwelling units or 12 persons per gross acre. This amounts to a standard of 7500 square feet of land per dwelling unit allowing for streets and other open Space. Some areas will have a lower density owing to topography, existing development patterns, or the desire of individuals to own a larger lot . B. 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. C. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all inter- vening properties as well as the proposed development, and (b) designed to meet city or county standards. D. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellint's . Planned unit development will permit a degree of flexi- bility in design that will enable a higher quality or ' development in accordance with zoning standards. r STAFF REPORT AGENDA 5. 1 TIGARD PLANNING CO`:P.•tISSIO\' June 6, 1078 Page 2 - 3. Section 18.56.010 of the Tigard Municipal Code states: The purpose of the planned development district is to pro-- vide opportunities to create more desirable environments through the application of flexible and diversified land development standards under a comprehensive plan and pro ' gram professionally prepared. - The planned development* district is intended to be used to encourage the application; of new techniques and new technology to community develop- ment which will result in superior living or development arrangements with lasting values. It is further intended to achieve economies in land development, maintenance, streF systems and utility networks while providing building group- ings for privacy, usable and attractive open spaces, safe circulation and the general well-being of the inhabitants 4. On March 21, 1978, the Tigard Planning Commission denied a request by the applicant for a 38 lot (18 detached and •20 the attached units) residential planned development on esubmitted subject parcel . The applicant has subsequently a development proposal for 42 single family lots for a gross density of 2.15 units per acre. 5. On May 2, 1978, the Tigard Planning Commission approved a proposal by the Tigard School District (with the consent of the applicant) for a realignment of SWKatherine to intersect 121st at SN Lynn Street subject to the following conditions. 1. That the School District initiate vacation proceedings on the existing Katherine Street right-of-way. 2. That the School District proceed to dedicate the subjea realignment concurrent with vacation of the. existing alignment. As an adjunct to granting this approval the Planning Commission stated they had not addressed the issue of . whether the old or the new alignment will be appropriate in its crossing of and possible fill of the flood . plain. 6. Based on the City's adopted Vicinity and Environmental Constraints (100 year flood plain) no portion of the realignment of SAY Katherine Street would lie within the flood plain. However, staff does find that the greater portions of lots 2 and 7 and the cul-de-sac street servicing those lots does represent an encroachment within' the 100 year_flood plain. i STAFF REPORT AGENDA 5. 1 TIGARD PLANNING C0`JMISSION June 6, 1178 Page 3 7. The site is located on rolling terrain. Along the west property line the elevation is 180 feet (n4SL) rising to 210 feet in approximately the middle of the site then dropping off to 190 feet along the northeast property line adjacent to S.W. 121st street. A drainage swale traverses the property in a north to southwesterly direction. Located within this area is a:.' portion of the 100 year flood plain of Summer Creek. .- The elevation of the flood plain at this location is 170 feet 11SL. . The applicant has acknowledged this elevation on his site plan, but a, portion of this elevation (more specifically the southeastern portion of the flood plain (where lots 2 and 7 are being proposed) is contrary to the City's flood plain elevation maps and would also F represent an encroachment -into the adopted Greeaway Plan. 3 f Surrounding land uses are single family residential and } the Tigard School District elementary school site located { along the northwest properly line. 8. The applicant is proposing to dedicate the windmill located along the SSV 121st Street frontage and the east property line of lot 22 to the City. The Park and Recreation Board has recommended that the windmill be restored to its original condition and dedicated ` to the city as a historical landmark. 4 The barn adjacent the windmill should be removed as it restricts visibility for vehicles entering 121st from Katherine. 9. The NPO #7 held a meeting on May 31, 1978 and of the members present approved the proposed plan in concept with the following exception : ' Lot 2 be deleted because it is poorly situated in the drainage way and lot 7 be moved eastward by means of eliminating the cul-de-sac and replacing it with a private driver 10. In the southeastern most portion of the parcel, along the 121st Street frontage, the site plan shows an area. which is neither identified as being lot or open space upon site inspection, staff found a portion (the south property line) covered with a mixture of trees and a hedge. T1. Southwest 121st Street is a designated "collector street" and is in sub-standard condition (e.g. , no curbs, sidewalks, t STAFF REPORT' AGENDA 5.1 TIGARD PLANNING C0MMISSION June 6, 1978 Page 4 _ etc. ) . Necessary right-of-way for a .collector street is 60 feet. There is currently 50 feet ; therefore, an additional 5 feet of right-of-way will be necessary. Sanitary sewer service is available on site via a 12-inch . line. Vater service is available from the Tigard }Yater District's 8-inch line in 121st and a 6-inch line in S.W. Katherine Street on the Westside of the property. 12. Several of the proposed cul-de-sac stre,ts are shown having 40 foot right-of-ways. However no documentation has been submitted justifying the code deviation from the required 50 foot right-of-way . 13. The applicant is proposing to provide approximately 470/6 of the total site area as open space . Staff has . calculated that 6.5 acres of this area would be within the 100 year flood plain. 14. An addendum has been included with the applicant's narrative which addresses the question of storm drainage. As one r reason for denial of the previous submission the Planning Commission found- that the applicant had .failed to address storm water detention. II . Conclusionary Findings : 1. The proposed density conforms to the Community Plan, 1971 and '[DO 7#17 Draft Plan designation of "Urban Low Density Residential" and to the underlying R-7 zoning of .4 units per acre. 2. Although ihe •applicant has not addressed the proposed deviation from the street right-of-way- standards of the. code, the variance would appear to be in order, in that, it would not be detrimental -to the public health, safety or welfare of the property owners while being in keeping with the concepts of the planned development ordinance.. 3. Lots 2 and 7 are poorly situated within the drainage Swale. This siLuation can be remedied by eliminating; the cul-de-sac street serving lots 3 and .4, making these flag ;. lots, thereby permitting lot 7 to be shifted eastward and lot 2 eliminated. The savings to be realized by not constructing the cul-de-sac and diverting the existing seder line around lot 7 should offset the value lost from eliminating one building lot . III Staff Recommendations: Based on Findings of Fact and Conclusionary Findings staff recommends approval of the preliminary plan and program subject to the following conditions: STAFF REPORT •' AGENDA 5. 1 TIGA D PLANINI:;G COMMISSION June 6, 1978 Page 5 1 . A half street improvement to collector street standards be provided along the 121st Street' frontu�e (to include Tax Lot 6500) deleting. sidewalks for Tax Lot 6500 if additional right-of-Fray cannot be obtained from the property owner of this parcel. ' 2. Five feet of right-of-way be provided along the 121st Street frontage for street improvement purposes. 3. That Tract A and B be dedicated to the city. 4. Lot 2 be eliminated and lot 7 be shifted eastward by means of eliminating the cul-de-sac street. 5. Landscape islands be provided within the cul-de-sac islands, (subject to design review) and maintenance responsibility for the landscape islands be prescribed to the surrounding lots, 6. That either a be.rin or fence be provided along the 121st Street frontage subject to design review approval . ,k 7. Thata landscape plan be submitted for the area in the t southeastern most portion of the site and maintenance responsibility for this area be assigned to the surrounding; Jv lots (35, 36, 41 and 42) . S. That the windmill be restored and the windmill and surrounding area be dedicated to the city as a historical landmark. 9. That the cul-de-sac streets be developed on a 40 foot right-of-way with 28 feet of pavement surface and 5 foot' sidewalks on both sides of the street with the cul-de-sac having a 40 foot minimum radius. p r