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Ordinance No. 78-81 CITY OF TIGARD, OREGON ORDINANCE NO. 78-VI AN ORDINANCE ti1NvI1G CRDiNAv%c NO. 117-7-, ADOPTED AUGUST 22, 1977 WITH RESPECT TO AN APPLICATION BY DONALD E. POLLOCK INVESTMENTS FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP lSl 35AD, TAX LOTS 1600 AND 1700, TAX MAP 1S1 35DA TAX LOTS 2500 AND 3900 FROM "R-7" SINGLE FAMILY RESIDENTIAL TO "A-2" MULTI-FAMILY RESIDENTIAL AND HEREBY CHANGING CONDITION #7 AND ADOPTING EXHIBITS "A", "B", "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. �i THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described have been theretofore and are now classified as City of Tigard A-2 "Multi-Family Residential" and further finding that pursuant to prescribed procedures, the above-stated application was heard in public hearings held by the Tigard Planning Commission on June 7, 1977, and all interested persons were there and afforded an opportunity to be heard, and thereafter the Planning Commission filed its report and recommended denial with the City Recorder, a copy thereof hereto attached and by reference made a part hereof, and, further, finding that, after due and legal It notice, public hearings were held for the City Council on July 25, 1977 and that at said hearing the applicant and all the parties desiring to be heard were afforded an opportunity to be heard and present and rebut evidence with respect to said application, and further, finding that, based on evidence, both oral and documentary, and on the record of said hearing before the City Council and Planning Commission, on August 22, 1977 the Council recommended approval with the following substantive findings: A. That the application conforms with the Tigard Community Plan, 1971 ' as adopted in that: 1. The request will permit densities that will economically support the costs of necessary public services and facilities, such as paved streets, pedestrian ways, and utilities; and 2. It will permit a variety of housing types to meet the needs of different family size and family income; and 3. Adequate water and sewerage facilities are available to serve the proposed development. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code_, the applicant's amended request for an amendment to the Tigard Zoning Map of 1970 to zone those lands described in the attached Exhibit "B" for "A-2" Multi-Family Residential is hereby approved, subject to the provisions of Chapter 18.24 (Multi-Family Residential; of the Tigard Municipal Code so embodied in or exhibited by the document submitted and identified as follows: Exhibit "A": - Staff Report Exhibit "B": - Legal Description Exhibit "C": - Site Plan Fr ORDINANCE NO. 78- ZC 17-77 - And further subject to restating of conditions in Ordinance 77-22 (1-6) with amendment of Condition #7: 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 Ticxard 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 217 to its terminus with Tax Lots 2201 and 2200 (Tax Map lSl 35DA) . b. Those portions of S.W. Manzanita (eastern and western) which would no longer be required for public right-of-way after a new street connection between S.W. Manzanita 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 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 consideration indicating the location of the 100 year plain on the subject parcel and provide means for accoimodating 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 Deyartment approval. 6. A storm drain retention system be installed to Washington County Public Works Standards. 7. That a street plug be placed at S.W. 89th Avenue at the north project boundary to permit emergency vehicle entry only from the residential area on 89th into the subject site, subject to the approval of Washington County Rural Fire Protection District #1 and the City of Tigard Public Works Department. SECTION 3: This, ordinance shall be effective on and after the 31st day after its passage by the City Council ani: approval by the Mayor. PASSED: By ;rrtou4 vote of all Council members this It day of 1.978. after being read two times by number and title only. j Recorder City of 'Ti rd APPROVED: By the Mayor this /J day o£ �r per,- 1978 Mayor - City of Tigard Page 2 ORDINANCE NCS. 78-_ r` ZC 17-77 ` STAFF REPORT AGENDA 'S.1 TIGARD PLANNING C0MMISSION 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 11R-7, Single Family Residential" to "A-2, !Medium Density Residential" on a 7.1 acre parcel LOCATION: S.W. 89th Avenue and S.W. Manzanita Street (Stiash. Co. Tax Map 1S1 35AD, Tax Lots 1600 and 1700 and Tax Map 1S1 35DA, Tax Lots 2500 and 3900) APPLICANT: Donald E. Pollock Investments I . FINDINGS OF FACT: 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 achieved if large tracts are developed as "planned units". The "Triangle" bounded by the Interstate 51, State Highway217, ' d H:.ghway 99-W is planned as a "residential-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" Af quality not unlike the redeveloped sections of downtown Portland. High-rise and low-r`se apartments and office buildings, ,together with related snaps, restaurants, and service establishments, will combine to create an urban en- vironment characterized by diversity, activity, and amenity. STAFF REPORT AGENDA 5•.1 D` TIGARD PLANNING COMMISSION June 7, 1977 - 7; 30 P.M. t E Page 2 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 F r 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 o-cations that are suitable for higher intensity uses. ; i 2. High-mise apartments are encouraged in. these areas as well as compatible office uses--firm headquarters, in- surance, finance, and professional - recreation uses - hotels, motels, restaurants, and theaters - and commer- cial and service uses that relate to higher-density residential developient. The overall density of resi- dential esi-dential developmen, will be 13 dwelling units per gross acre. Lased 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. S. 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 developmQnt . Adjacent prop- erty owners will be encouraged to cooperate in the as sembly of land for development as a "planned unit". } E ■ ' •STAFF REPORT AGENDA .5.1 TIGARD PLANNING CONMISSION 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 . V. 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 lotslegally described. -� That is, ._a transfer of development- rights from one lot to another cannot. be done by_ a zone change. Sv . The flood plain of Ash Creek, running east-west across the northerly part of the site is designated "greenway" in the Tigard Community Pian. The -Environmental Design and Open Space Plan currently before the City Council is also r. proposing the flood plain of Ash Creek in thi area as greenway. 9. Hall Boulevard is designat`d as major aZ terlal in the Tigard Community Plan and residential/commercial development is Try STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 4 being proposed by NPO M between S.W. Oak and Highway 217 or, 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 southwestern terminus of Tax Lot 2500. II . STAFF OBSERVATIONS: 1. Sanitary sewer: hook-up is available to the site . The Dietz- ger Slater District has existing water lines onto the site. P 2. The subject parcels are vacant, primarily flat areas, with r a mixture of pasture land and deciduous trees. Highway 217 forms the southwest boundary. Single-family homes are lo- _ G cated to the north and east of the site. - III . ite. -III . STAFF RECOMIA-1ENDATION: Based on the findings of fact, the staff recommends approval of the request subject to the following conditions: 1. The applicant will agree to : j E' a. Annexing into the City of Tigard Ta:y. 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: - m a. S.W. Dakota Street from Highway 217 to its terminus 1 with Tax Lots 2201 and 2200 (Tax Map 1Sl 35DA) b . Those portions of S . Y. "Jan<anita (eastern anal western) which would no longer be. required for public rights-of- -F 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 i to Public Works Department for their approval, t` t 3. A major partition be submitted showing the changes in the street right-of--way and revising the property lines to ' STAFF REPORT AGENDA. 5. 1 TIGARD PLANNING COXIMISSION 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. z .� i UEGAL DESCRIPYIOV L 10,11,12,13,14,15,16,17,18,19,20,21,24,31,32,33,34 and 35 Graham Acres, Washington County, excepting there from those portions coveyed to tha State of Oregon, by and through its Department of Trans-Po Cation, High:day Division. j. 3Y. l l 2400 L -p•` O STREETmobar– ---- i- MANZANITA — w Bag IBM �� i 2401 F 2500 ! . �'G"� 1 l_,1 r� RA H ANI � C5.6655 5e� t p of n, ' -402 o C.S. 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' a 054 MINUTES TIGARD-PLANNING COMMISSION June 7, 1977 - 7: 30 P-11- Fowler Junior High School - Lecture Room 10865 S,W. Walnut Street - Tigard, Oregon 1, CALL TO ORDER: 2. ROLL. CALL: Present: Nicoll, Sakata, Popp, Moore, Tepedino t, a Excused Absence: Wood Absent : Goldbach Staff:, Bolen, Laws, Edwards 3. APPROVAL OF MINUTES: The minutes of May 31, 1977 were approved as read. f 4. C0IMUNICATIONS: o Staff presented a letter from Kermit Carlile to the Planning ` Commission. 5. PUBLIn17-77 GS: { 5. �C A request by Donald E. Pollock Investments to amend the zon- ing ordinance changing the zoning designation from "R-7, Single Family Residential" to "A-2,, Med iurn Density Residen- tial" on a 7.1 acre parcel at S.W. 89th'A:enue and S.W. Man- zanita Street (Wash. Co. Tax Map 1S1 35AD, Tax Lots 1600 and 1700 and Tax Map I.S1 35DA, Tax Lots 2500 and 3900) . A. Staff Report: o Read by Laws B. Applicant's Presentation: o Dick Brainard, representing Donald Pollock, presented the request and outlined the "Fasano" requirements. -C. Public Testimony: In favor: . none In opposition: t I • MINUTES TIGARD PLANNING COMMISSION June 7, 1977 - ,7:30 P-M- p Page 2 o Harold Jess, S.W. Hall, Lot 2400; requested that, apartments not be allowed because of traffic prob- lems and the transient Lafture of apartment tenants. o Lee Miller, S.W. Spruce, stated that Spruce, Thorne, and 89th were narrow, undeveloped roads and that the site had numerous drainage problems. o The following people objected to the zone change be- cause of traffic, access, flood problems, and multi-- If family density: John pittock, S.W. Spruce Mr. Earls, Tax Lot 2201 I R. Volk, Tax Lot '1705 Larry Cole, S.W. Spruce Mrs . Brown, S.W. Hall Blvd. Edward Hammon, S.W. Spruce Mr. Kruger, S .W. Spruce f i D. Staff Recommendation: t Based on the findings of fact, the staff recommends ap- proval of the request subject to the following condi- tions: 1. The applicant will agree to _, a. Annexing into the City of Tigard Tax Lot 2402 in order that access standards will be in con- formance with City code i 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: { Dakota Street from Highway 217 to its ter- minus with Tax Lots 2201 and 2200 (Tax Map 1G1 35DA) a b. Those portions of S.W. bianzanita (eastern and western) which would no longer berequared for public rights-of-way after a new street connec- tion between S.W . bianzanita ap-i Hall Boulevard is provided to the site from Tax Lot 2402. j BIINCTES TIGARD PLANNING COMMISSION +' June 7, " 1977 - 7:30 P.M. Page 3 Cross sectional drawings be submitted to Plan- ning Department. 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 system. 4. Data will be provided at the time of design review consideration indicating the location of the 100 year flood plain on the subject parcels. o Brainard stated that access would be through Tax Lot 2402 with landscape boulevards, described the pro- posed circulation pattern, and answered the concerns of the residents. o Lou Fasano, applicant 's attorney, -stated that NPO 4 draft plan supported this zone change and addressed the neighbor's concerns. o Ed Hannon, R. Volk, L. Miller, H. Jess, Pairs. Brown, Tom Murphy disagreed with applicant 's rebuttal and re- stated concerns. o Fasano suggested that the drainage problem be resolved by retention or improved drainage.jDaths. E. Commission Discussion. o Popp requested more information on the traffic count on Hall Boulevard and flood plain data. . o Moore requested a soil test for the site and stated the need for Planning Commission control over the de- velopment. o Commission discussion on flood plain, drainage,traffic, and unannexed parcels. o Savata asked that a planned development be submitted. o Staff added Condition #5: "That storm water run-off be maintained at their present rates." o Discussion on NPO #4. I !MINUTES TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 4 Nicoli moved and Sakata seconded for denial of the pro-. posed based on increased density, drainage problems, and traffic problems. The motion was passed in a four to one voice vote, with Moore dissenting. 5.2 ZC 16-77 A request by David Farr to apply City of Tigard 11R-7, Single Family Residential" zoning to a recently annexed 19.06 acre parcel currently zoned Washington County 11RU-4" on the north side of S.W. Durham Road, west of S.W. Hall Boulevard (Wash. Co. Tax Map 2S1 11D, Tax Lot 1400) . A. Staff Report : o Read by Laws B. Applicant 's Presentation: o Bill McMonagle, HarrisJhscMonagle Associates, presen- ted the proposal . C. Public Testimony: F None D. Staff Recommendation; Based on the findings of fact and conclusionary findings, the staff recommends approval of the request subject to the following condition: -1. Right-of-way necessary to provide for 45 ,feet from center Tine be dedicated forstreetpurposes. E. Commission Discussion: Moore moY, d and Teped .no seconded for approval with staff recommendation The motion was approved by unanimous voice vote. 5.3 ZC 15-77 A request by Stephen W. Spiegel to apply City of Tigard 11R--7, SingleFamilyResidential" zoning to a recently annexed 2.75 r PJoveaiber S. 1978 Tigard City Council City Hall Main Street Tigard, Cregon Attn: Mrs. Hartig ax lots 1600 and Subj: Washington County tax map ISlotsAD, tand 3900; zoning 1700; tax map ISI 35DA, map ammendment, ordinance dated July 25, 1977 Tigard City Council. Dear Council Members, A condition of subject ordinance states: P. That a cul-de-sac be placed in S.W: 39th Avenue at the north project boundry to prevent through traf- fic northward into the residential area on 89th. This cul-de-sac shall have an emergency vehicle access point connecting the two portions of 89th. I am the Architect retained by the property owner Donald Pollock and Larry Grayson to prepare plans and specifications for the development of 108 apartment units on subj. ,site. The owners and I agree that the intent of quoted item. 7 is valid but that the specific direction to construct a "cul-de-sac" has been rendered needless by' the site planning. An examination of the enclosed site plan reveals a vehicle circulation system that, while allowing the mandated emergen- cy vehicle access from the site to S.W. 89th, in no way en- courages traffic in the same direction. After discussions with members of the planning staff it is apparent that while the intent of "condition 7" is met, we must seek a formal revision of the ordinance, hence frankly the cul-de-sac would be substantially detrimental to all. We are requesting permission to appear before the Council at the earliest opportunity to be heard. This letter is to formalize that request and provide ad- vance information. Thank You A.R. Jensen cc. L. Grayson Peter Green ® RUa%bs­1,- Architect 89599.W.BarburBoulowd,Portiand,OreW97219 (6G3)2e.14334