Ordinance No. 78-83 CITY OF TIGARD, OREGON
ORDINANCE NO. 78-
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 FOR A TRACT OF LAND AT HALL BOULEVARD, NORTHWEST OF S.W. GREENSWARD LANE `
AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 12B, TAX LOTS 600, 800, 1100 & 1101
FROM CITY OF TIGARD "R-7" TO CITY OF TIGARD "R-7 PD" SINGLE FAMILY RESIDENTIAL PLANNED
DEVELOPMENT AND ADOPTING EXHIBITS "A", "B", "C" AND GRANTING THE APPLICATION AND FIXING
AN EFFECTIVE DATE. x`=
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore and
are now classified as City of Tigard "R-7" and further findings 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
r.
November 7, 1978, and all intrested 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
of NPO #5 and,
t
2. 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 services.
V
b. Maximize the benefits of the open space provided by the Fanno
Creek flood plain and the buffering effects of its vegetative
cover.
c. Provide 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 a diversity of housing types and densities.
3. The proposed zoning is compatible with surrounding land uses.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of 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,PD). is. hereby zpproved .subject to
the provisions of Chapter 18.56 (Planned Development District) of the Tigard
f. Municipal Code as embodied in or exhibited by the documents submitted and identified
as follows
Exhibit "A": iegal Description
Exhibit "B": Staff. Report
Exhibit "Cd: - Site Plan
ORDINANCE NO. 78_
F . ZC 15-78
And further subject to the following conditions:
1. That a specific landscape plan be submitted to the site design review
board for each phase of the project.
2. That the project be approved by site design review board.
3. That the emergency easement accesses be approved by the police and fire
departments prior to issuance of building permits,
4. That street plugs be installed where necessary to the approval of the
city engineer's department prior to issuance of permits.
5. Construction and site drainage plans shall be submitted with the
appropriate agreements and bonds to the city building and engineering
departments prior to issuance of permits.
6. All utilities shall be subsurface.
7. That a covenant creating a homeowners association be provided for the
maintenance of the open space and landscape islands to the city's
satisfaction. The open space and landscape areas appear on the final
plat.
8. That a covenant appear on the final plat requiring that all private
streets be clear at all times for emergency access with no parking signs
posted and enforced.
9. That a covenant appear on the final plat requiring that the lands shown
on the general plat as tract "A" and tract"B", become the title of the
s adjacent independent landowners.
10. That the applicant have the State Highway Department approve plans for
any work to be done on Hall Blvd.
11. That approximately the south 2,000 square feet of lot 14, Phase TI be
added to the project's open space.
12. That a firm base be prepared under the landscaping for south of lot 1,
Phase I for emergency access and that the intersection of the through
road south of lo`.: 1 with Fanno Creek, Drive be eliminated.
SECTION 3: Inasmuch as it is necessary for the peace, health and safety of the
people of the City of Tigard that the foregoing change of the Tigard
Zoning Map of 1970 become a permanent part of the City's records, an emergency is
hereby declared to exist, and this ordinance shall be effective upon its
passage by the Council, and approval by the Mayor.
ORDINANCE NO. 78-
Page 2
ZC 15-78
PASSED; ByX14 �ohtlu vote of all Council members present this
day of 197F�9 after being read two times by number and
title only.~�
j
O
Recorder - City of T" rd
APPROVED: By the Mayor this day of , 197f
Mayor City of Tigard
ORDINANCE NO. 78^
Page 3
ZC 15-78
w
gem
ART0O'
12/14/78
JRS/gs
DESCRIPTION
Colony Creek Estates - Remainder
Real property situated in the City of Tigard, County of
Washington, State of Oregon, being a portion of the North-
east Quarter of Section i2"and the Northwest Quarter of
Section 12, Township 2 South, Range 1 West of the Willamette
Meridian, described as follows:
Tract "A"
Parcel I: A portion of Lot_.3, WILSON ACRES, Washington
County,' Oregon more particularly described as follows:
Beginning at a point on the North line of said Lot 3, 40
feet, more or less, East of the Northwest corner, said
point being on the East line of that tract of land
conveyed to the State of Oregon, by deed recorded
September 17, 1958, in Book 409, Page 225, Washington
County deed records; thence continuing East 236.08
feet to a point and the true point of beginning of the
tract to be described; thence continuing East along
the North line of said Lot 3, 566 feet to the North-
east corner of said lot; thence South along the East
line of said lot, 219.2 feet to the Southeast corner
of said lot; thence West along the South line of said
lot, 752.84 feet to a point on the East line of said
tract conveyed to the State of Oregon; thence. North-
westerly along said State of Oregon tract 51.2 feet to
a point; thence East parallel to the South line of
said lot, 198.8 feet to a point; thence North 169.2
feet to the true point of beginning.
Parcel II: A tract of land in Section 12, Township
2 South, Range-1 West of the W.M. , Washington County,
Oregon more particularly described as follows:
Beginning at a pipe marking the Northwest corner of
the James Hicklin D.L.C. and running thence East on the
North line of said Section 12, a distance of 334 feet
to an iron pipe; thence South at right angles to said
Section line a distance of 796.3 feet to an iron pipe;
thence West 350 feet to the Northwest corner of that
tract of land conveyed to Lynn G. Platt and wife,
by deed recorded June 11, 1947, in Book 275, Page 99,
Washington. County deed records; thence South a distance
of 100 feet to the Northeast corner of that tract of
SCMART008
12/14/78
JRS/gs ;
Page 2
land conveyed to Thomas M. O'Halloran and wife by
deed recorded June 27, 1952 in Book 334, Page 160,
Washington County deed records; thence North 89020'
West a distance of 187.9 feet to the Northwest corner
of said O'Halloran tract; thence North 0015' East along
the East line of WILSON ACRES. 892.4 feet to the point
of beginning.
Tract "B"
Beginning at a point on the East line of Lot 2, WILSON
ACRES, a plat of record in Section 11 and 12, Township
2 South, Range 1 West, W.M. , Washington County, Oregon,
South 0012' East 9.0 feet from the Northeast corner
thereof, and running thence South 89°55' West along
the South line of the North 9.0 feet of said Lot 2
for a distance of 593.6 feet to an iron pipe; running
thence South 0002' East 121. 6 feet to an iron pipe;
running thence South 89058 ' West 276.35 feet to a
point on the West line of said Lot 2; running thence
South 12036" East 122.35 feet to the Southwest corner
of Lot 2; running thence North 89°58' East 842.08
feet to the : Southeast corner of Lot 2; running thence
North 0012' West 241.5 feet to the place of beginning.
Excepting therefrom: The following described real pro-
perty situated in the Northeast Line-Quarter of Section
11, Township 2 South, Range 1 West, W.M. , and being
a portion of Lot 2 of the duly recorded plat of "WILSON'
ACRES", in the County of Washington, State of Oregon,
to-wit.
Beginning at the Northwest corner of Lot 3 of "WILSON
ACRES"' and running thence North 89058 ' East 20.49
feet; along the Northerly boundaryline' of said Lot
.3 to an intersection with the Northeasterly right-
of-way line of State Highway No. 217; thence following ;
said right-of-way line North 12°36'" West 50.63 feet
to an iron pipe,. said iron, pipe marking the true point
of beginning of this description; thence continuing
North 12036' West 71.72 feet to an iron pipe; thence
North 89058' East '157.80 feet to an iron pipe; thence
South 0°02' East. 70.0 feet to an iron pipe; thence'
South 89158' West 142.20 feet to the true ,point of
beginning of this description.
ART O
12/14�`18
JRS/gs
Page 3
Tract 01c"
Beginning at an iron pipe marking the Northwest corner
of the James Hicklin D.L.C. No. 43, in Township 2
South, Range 1 West, W.M. , Washington County, Oregon,
and running thence South 0°15' West along the East line
of "WILSON ACRES" ( a duly recorded plat of Washington.
County, Oregon) a distance of 892..4 feet to the true
-point of beginning of this description, said point be-
ing marked by an iron pipe; thence continuing South
0°15' West a distance of 400.00 feet to an iron pipe
set in the Northerly right-of-way line of County Road
No. 736; thence following said right-of-way line South
89°20' East a distance- of 189.66 feet to an iron pipe;
thence North 400.00 feet to an iron pipe; - thence North
89°20' West a distance of 187.9 feet to the true point
of beginning of this description, said parcel contain-
ing 1.733 acres cf land more or less.
Excepting therefrom: That portion of the above described
tract of land which lies South of the following described
lines
BEGINNING at the intersection of the West line of '.--he
James H. Hicklin D.L.C. No. 43 with North .right-of-
way line of S.W. Bonita Road (C.R. No., 736) thence along
said. West line of said Hicklin D.L.C. , North 0°15'
East 112 feet thence Northeasterly 195 feet' to` a
point on the East line of theabove described tract,
which lies North 165 feet from the Southeast corner
thereof.
* r s - _... r. ,_ - ... .'',�.. 1�wWiz'. v.� .., J,3 •.i .a,.uw.:iss
- STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COPIMISSION
November 7, 1978 - 7 :30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut Street - Tigard, OR
Docket: Zone Change ZC 15-78
Request: For general plan and program review of a 81 unit Residential
Planned Development and Zone Map Amendment from R-7 to R-7
Planned Development for a 15.27 .acre parcel .
Location: East side of Hall Blvd. and north of Bonita Road (Wash. Co.
Tax Map 2S1 12B, Tax Lots 600, 800, 1101- and 1100) .
Applicant: Der-Hart Associates
I. Findings of Fact:
1. The site is designated on the NPO #5 for eight dwelling units
per acre on the east and north side of the spine road and six
dwelling units per acre on the west and north side of the spine
road. It is currently zoned R-7, "Single Family Residential".
2. 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
dower cost housing alternatives while not overtaxing the
required public facilities and services.
b. Maximize the benefits of the open space provided by the
Fanno Creek flood plain and the buffering effects of its
vegetative cover.
c. Provide 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 densities: 3
3 Section 18 . 56.010 of the Tigard Municipal Code states: �� n
The purpose of the planned development district is to provide
opportunities to create more desirable environments through
the application of flexible and diversified land development
standards under a comprehensive plan and program professionally U
prepared. The Planned Development District is intended to be
used to encourage the application of new techniques and new
technology to community development which will result in superior
living or d_velopment arrangements with lasting values. it is
further intender' to achieve economies in land development,
maintenance, street systems and utility networks while providing
building groupings for privacy, usable and attractive open spaces, a
safe circulation and the general well-being of the inhabitants.
r=} STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
November 7, 1978 - 7.30 P.M.
Page 2
4. Section .18.56.020 provides for a second hearing for a general
<` plan and program review by the Planning Commission and requires
that such review be based upon the comprehensive plan, the
standards of this title, and other regulations and the suit-
ability of the proposed development in relation to the character
} rp of the area.
5. The site gently slopes from west to east with an elevation of
174 feet at Hall Blvd. , dropping to 150 feet along the east
property line. Surrounding land uses are vacant parcels to the
south and east, single family residence and farm land to the
north, and to the west and across Hall Blvd. residential homes.
6s This project is an extension of a Planned Development approved
earlier to the north to be constructed by the same developer.
The developer's narrative explains the number of units being
requested, density, etc.
7. At the June 20, 1978 Planning Commission meeting, the following
conditions were required of the applicant:
1. That the points of concern raised in findings of fact A,
B, and C be addressed in the general plan and program when
submitted. The points are:
a. The density of the multi-family area is rather high or
the buildings could possible be sited to diminish the
amount of land devoted to asphalt. For instance, there
is an expanse of asphalt (street & driveway) 80 feet
wide down the entrance drive.
b. A private drive (street) intersects the spine road
(Fanno Creek Drive) in the midst of a curve adjacent
a play area where sight distance is somewhat poor. . In
addition., the play area is not in the best location,
being adjacent the spine road. This lot is better 3
suited for a dwelling,
c, The access drive to Hall Blvd. has. a piece of land
adjacent to it (north) which could become a maintenance
problem. There is a similar "excess" parcel adjacent }
Hall behind lot 10. Some appropriate disposition of
these parcels should be sought.
24 In addition, the concerns raised by the Fire Marshall
in his attached correspondence should also be addressed.
x
II. Conclusionary Findings: `
1. The number of units proposed (81) equals 5.30 units per acre.
`: . � This is somewhat less than the average unit per acre allowed
< by This,
#5.
STAFF REPORT
-AGENDA 5 .1
TIGARD PLANNING COMMISSION
November 7, 1978 - 7:30 P.M.
Page 3
2. The applicant has addressed points A, B and C as stated in the
preliminary plan program as illustrated by the revised plat.
3. The applicant was also requested by the Planning Commission to`
receive approval of lot sizes for the attached units by the.
NPO. This request has been addressed.
III. Staff Recommendation:
Staff recommends approval of the general plan and program with the
following conditions:
1. That a specific landscape plan be submitted to the site
design review board for each phase of the project.
2. That the project be approved by site design review board.
3. That the emergency easement accesses be approved by the police
and fire departments prior to issuance of building permits.
4. That street plugs be installed where necessary to the approval
of the city engineer's department prior to issuance of permits.
5. Construction and site drainage plans shall be submitted with
the appropriate agreements and bonds to the city building and
engineering departments prior to issuance of permits.
6. All utilities shall be subsurface.
7. That all landscape islands be removed from the cul-de-sacs.
S. That a convenant creating the Homeowner's Association and
maintain to the city's satisfaction. The open space and
landscape areas appear on the final plat.
9. That a covenant appear on the final plat requiring that all
private streets be clear at all times for emergency access
with no parking signs posted and enforced.
10. That a covenant appear on the final plat .requiring that the
lands. _shown on the_general,.Pl.at_ as tract_ "A" and tract "B",
become the title of the adjacent independent landowner -_`" '
■
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MINUTES
TIGARD PLANNING OMIUSSION
November 7, 1978 - 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
1. Call to Order:
The meeting was called to order at 7:40 P.M.
2. Roll Call:
Present: Wood, Speaker, Helmer, Smith, Brian
Absent: Tepedino, Funk, beeber
Staff: Selby, Associate City Planner; Mackenzie, Assistant Planner
3. Approval of Minutes:
Approval of minutes for 10/3/78 were postponed.
4. Communications:
None
5. Hearing Items:
5.1 Zone Change ZC 15-78 (Der-Har & Associates) NPO ;5
A request by Der-Hart Associates for a general plan and
program review of a residential planned development and zone
map amendment from R-T to R-7 PD for a 15.27 acre parcel at
Hall Blvd. , northwest of S.W. Greensward Lane (Wash. Co. Tax
P4ap 2Sl 12B, Tax Lots 600, 800, 1100 & 1101) .
A. Staff Report: '
Read by Selby
B. Applicant's Presentation:
Bill Svendsen, Planning Consultant for the applicant presented
the proposal. He addressed the points of concern raised in
findings of fact A, B & C. Stated the asphalt width had been
reduced, that there was an additional fire access in the
townhouse area. Spoke of deeding the excess land to the
adjacent property owners (lots A & B) . Read a letter from .,
NPO 95 into the minutes to set the lot sizes .
C. Public Testimony:
None
V. Staff necomcendati^ns:
ii
Staff recommends approval of the general plan and program
with the following conditions:
1. That a specific landscape plan be submitted to the. site
f;,
MINUTES
TIGARD PLANNING COPIMISSION
November 7, 1978 - 7:30 P.M.
Pace 2
design review board for each. phase of the project_
2. That the project be approved by site design review board.
3. That the emergency easement accesses be approved by the,
police and fire departments prior to issuance of building
permits.
4. That street plugs be installed where necessary to the
approval of the city engineer's department prior to
issuance of permits.
5. Construction and site drainage plans shall be submitted
with the appropriate agreements and bonds to the city
building and engineering departments prior to issuance
of permits.
6. All utilities shall be subsurface.
7. That all landscape islands be removed from the cul-de-sacs.;,'
8. That a convenant creating the Homeowner's Association and
maintain to the city's satisfaction. The open space and
landscape areas appear on the final plate
i
9. That a covenant -appear on the final plat requiring that
all private streets be clear at all times for emergency
access with no parking signs posted and enforced..
10. That a covenant appear on the final plat requiring that
the lands shown on the general plat as tract "A" and
tract"B", become the title of the adjacent independent
landowners,
11. That the applicant have the state highway department
work to be done on Hall Blvd.
approve plans for any
Jeff Hartleb, developer and builder__for the project stated that
they would have landscape plans for each phase. Questioned the
condition re: submittal to Site Design Review Board and agreed
with conditions 1, 3, 4, 5 & 6. Disagreed with condition 71.
Thought landscape islands weresafer and a benefit to the
agreed with conditions 8,9,10 &` 11
community. Applicant also
fi
B. Commission Discussion and Action: r �
o Smith asked about the positioning of the townhouses. }
o Hartleb stated that there were limits to creativity
in .order to maintain low cast units.
o Wood asked why staff wished removal of the landscape _
islands? Wood asked about ;...e play area removal. ,
Stated that applicant could relocate play area to lot
14 near the open space
MINUTES
TIGARD PLANNING C0LLMISSIQN
November 7, 1978 - 7:30 P,M.
Page 3
o Selby thought the upkeep would be a problem. Also
suggested that the private drive entrance onto Fanno
Creek Drive be straightened where it enters at the
curve instead of making the private drive a deadend
street.
o Svendsen stated that the curve of the spine road was the
problem with visibility not the angle of the access.
Stated that it was possible to close the street and place
a hard surface under the landscape area to provide for
an emergency access.
o Smith disagreed with staff on the removal of islands.
Thought that it was better to have maintained islands
than no islands at a].1. Stated that it was invalid to
plan around emergency vehicles and police accessibility.
o Brian was concerned with Smith's reply on: islands and
accessibility for emergency vehicles. Thought it was a
good development.. Agreed with the deletion of V. Thought
lot 14 as additional open space was good and the hard
surface under the landscaping for access was good.
o Speaker thought the landscape islands should remain.
t
s
o Helmer was for the removal of the islands.
Brian pointed out condition 8 for the maintenance of
o r p #
the landscape islands re: the homeowners agreement. r?
o Wood agreed with Smith, Speaker and Brian. 1'
o Wood moved for approval with the staff conditions 1-11
as written with the deletion of #7, modification of #8, F
and the addition of #12 & #13.
8) That a covenant creating a homeowners association be
provided for the maintenance of the open space and
landscape islands to the city's satisfaction. The
open space and landscape access appear on the final
plat.
, r
12) That approximately the south 2000 sq-ft. of lot #14-
phase
14 •phase III be added to the project's open space.
, i
13) That a firm base be
prepared under the landscaping = F
for south of lot 1, phase I for emergency access and
that the intersection of the through road south of lot '
1 with Fanno Creek Drive eliminated. .
I
o Brian seconded.
i
motion passed unanimously.
Program Statement to Accompany the General Development Plan of
"Colony Creek Estates"
Tax lots 600, 800, 1100, S 1101, Map no. 2S1 12'3
A. Goals and Objectives of the Development: It is the intention of the plan
submitted to provide for a portion of the housing needs of the City of
Tigard, and to accomplish this in a manner which is aesthetically pleasing
and provides for a wide range of alternative housing styles and prices,
thereby increasing both the scope and variety of the Tigard housing
inventory. In addition the plan is intended to meet the requirements of
the adopted Comprehensive Plan for the Bonita Triangle area, which calls
for higher densities (and, of course, lower housing costs) than are generally
found in the suburban context.
B. Market Study: Not required by the Planni;n Commission. (please refer to
a "All of the program element of the Preliminary Development Plan {
program
submittal)
C. Distribution of Land Uses:
Total no. of acres: 15.27 AC.
Single family detached dwellings: 4.63 AC.
Attached units (duplexes & townhouses): 4.69 AC.
Streets: 3.14 AC. `
Open space (incl. pedestrian/bike path): 2.81 AC.
Off-street parking: 2 spaces per unit
D. Density of Development:
Overall density: 81 units on 15.27 AC = 5.30 du/AC
Detached single family units: 3.45 du/AC
(21 units)
G :
Attached single family units: 7.97 du/AC '
(60 units) `
E. Provision for the Maintenance of Common Areas: There are two alternatives {
for the maintenance of the CO=. on areas, i.e, the, open spaces and the bike/
pedestrian pathway, and the common private drives. A homeowner's association
could be formed for this purpose, or the deed of each lot could contain a
covenant binding the dtedholder to assuminn financial responsibility for a
share of the common areas proportionate to his interest in that area. The
preference of the developer is for the covenant method, although the final
decision is theprerooitive of the City Connell or Piannign Cv:m—aission.