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Ordinance No. 79-13 CITY OF TIGARD, OREGON / ORDINANCE NO. 79- 1_ AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY HAZELTREE DEVELOPMENT, INC. FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 12235 S.W. B17LL MOUNTAIN ROAD AND DEPICTED ON WASHINGTON COUNTY TAX ,,1AP 2S1 JOBB, TAX LOT 600, FROM WASHINGTON COUNTY "RU-30" TO CITY OF TIGARD "R-30" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "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 Washington_ County "RU-30" 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 cn January 16, 1979, 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: A. This zone change request conforms to the policies and intended land use development of the NPO #3 Plan; B. There is an identified public need to provide a zoning designation to parcels in the Tigard City Limits; C. The Community Transportation Plan will benefit from the develop- ment of this parcel with the construction of a portion of 135th collector; D. The proposed subdivision will contribute to the comparable land use residence in the area. 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 (R-30) use is hereby approved subject to the provisions of Chapter 18.20 (Single Family Residential Zones) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identified as follows: Exhibit "A": - Legal Description Exhibit "B": - Staff Report Exhibit "C": - Site Plan ORDINANCE NO. 79- - ZC 28-78 f � u And further subject to the following conditions: 1. All streets within the subdivision are to be City of Tigard street standards. 2. That a letter. from County of Washington be submitted verifying the alignment of the future 135th extension through the Ames Orchard #2 Subdivision. 3. Street plugs must be emplaced for all subdivision streets that are to align with future streets. t 4. That ten feet of right-of-way along the adjacent lots to S.W. Gaarde Street be dedicated to the City, with half street improve- ments to collector street City standards prior to issuance of building permits. 5. That no lots shall have access directly onto S.W. Gaarde Street or 135th. 6. That construction and drainage plans be submitted with necessary bonds to the Building and Engineering Departments prior to issuance of permits. SECTION 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval of the Mayor. t PASSED: By c,,e vote of all Council members present this _ day of 1979, after being read two times by number and title only. i' t i Recorder - City of Ti rd t r r APPROVED: By the Mayor this � day of 1979. yor - City of Tigard PAGE 2 ORDINANCE NO. 79- _ ZC 28-78 7 •as 1! - - t �.7 ra1�i �' 1 •�- �� tt.t 7 � -.S�4 Y pt `S � i S'�`+}'S�'h ('�{ � xt t��1.�,+�N�•.'�i z� ��v �§r��.FF�C r�r<<."f "• i r b 1r ++ri r� �,?Y Ir'f' 7 _ y' r lat- ' s '�`i a s7� t x .' `;>l { s t tj�'�.f;' ¢' � x a ;R' =r, it t}a-s rfa',r'r„' '' moi. } >Y y!�,,�; ✓ � Fr'°� r§•'7 f,'. 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Walnut Street a Tigard, Oregon Docket: Zone Change ZC 28-78 (Ames Orchard #2) Applicant: Hazeltree Development, Inc. Owner: Elsie Ames Location: 12235 S.W. Bull Mountain Road, north slope of Bull Mountain, south of S.W. Gaarde Street at 121st (Wash. Co. Tax Map 2S1 JOBB, Tax Lot 600). Request: For a zone map amendment from Wash. Co. R-30 to City of Tigard "Suburban Low Density" (three dwelling units per gross acre) on a 12.5 acre parcel. I. Findings of Fact: 1. The site is designated "Suburban Low Density" on the NPO #3 Plan. Applicable policies from the plan are as follows: Policy 4. (page 13): Protect the existing subruban character of this portion of the Neighborhood from encroachmen'. by higher density developments. The maximum overall density o:. development will be 3 dwelling units or 9 persons per gross acre. A higher density of 4 units or 12 persons per gross acre is a possibility within an approved planned unit development. Policy 5. (page 14) : Residential subdivisions will be developed with paved streets, curbs and gutters, street lights and walkways. according to City of county standards. All utilities will be placed underground. Policy 6. (page 14) : Development will coincide with the provision of public streets, water and sewage facilities. These facilities shall be (a) capable of adequately serving development and (b) designed to meet City or county standards. 2. The applicant intends to subdivide and develop 14 lots, each lot having not less than 30,000 square feet (see attached Ames Orchard #2 narrative) . In keeping with the number of units per acre in the NPO #3 Plan (3 ::nits per gross acre) and deducting 20% for public right-of-way improvement; the site is capable of constructing 15.93 units, Therefore, the applicant is 1.93 units below the maximum use. 3. The site is vacant with differential terrain elevations ranging from 4-8 percent slopes that decends southeast and northeast creating a natural drainageway adjacent to the subject site east. The surrounding •land uses are single family (large lots) to the south, north, east and agricultural open space areas with single family units to the west. The proposed development will be a continuation of the Hazeltree Subdivision approved, by the County adjacent to the south, STAFF REPORT AGENDA 5.2 TIGALZ' PLANNING CO,-IMISSION January 16, 1979 Page 2 4. Sanitary sewer would ;have to be extended from an existing ten inch line anproxinat,�,ly 4U0 feet west in Gaarde Street. The line in S.W. Gaarde is of adequate capacity to facilitate the proposed density. Water service is available from the Tigard GIater District from either a six inch line in S.W. Gaarde of a 12 inch line in Pacific Highway, both of which are adequate to serve the development. 5. The site will be in the path and intersected by the proposed 135th alignment to be constructed as a collector street from the present northwest 135th to the southeast connection of Bull b;ountain Road. Policy 2" (page 26) : That the collector streets within the Neighborhood (Gaarde, 121st, and Walnut and excluding Bull Mountain Road and Beef Bend Road) be developed as two lane facilities with restricted parking. in the process of improvinq these streets, every effort will be made to minimize the adverse impacts of street widening on adjacent houses. Ii. Conclusionary Findings: 1. This zone change request conforms to the policies and intended land use development of the NPO 143 Plan. 2. There is an idcntifLEd public need to provide a zoning designation to parcels in the Tigard City Limits. 3. The Community Transportation Plan will benefit from the development of this parcel with the construction of a portion of 135th collector. 4. The proposed subdivision will contribute to the comparable land use residence in the area. III. Staff Recommendations: Staff recommends approval subject to the following conditions: 1. That Hazelhill Drive street standards be contiguous with the existing Hazelhill Road (this will require a variance by the Planning Co:--Ussion.) 2. All other streets within the subdivision are to be City of Tigard street standards. 3. That a letter from County of Washington be submitted verifying the alignment of the future 135th extension through the Ames Orchard 42 Subdivision. 4. Street plugs must be emplaced for all subdivision streets that are to align with future streets. S. That ten feet of right-of-way along the adjacent lots to S.W. Gaarde Street be dedicated to the City, and that the applicant sign an agreement not to remonstrate against the improvement of S.W. Gaarde Street. z STAFF REPORT AF ,ENDA 5.2 TIGARD PLANNING CO�^'�fdISSION January 16, 1979 Page 3 6. That no lots shall have access directly onto S.W. Gaarde Street o1Q 135th. 7. That construction and drainage plans be submitted with necessary bonds to the building and engineering departments prior to issuance of permits. Report prepared by: Ken Selby ' Associate City Planner January 12, 1979 s s ; C7 ° ° m N� .. m 'HOiO'01 Hd eON N / 2 OOZ M,iO o0S l!W O;E 1 � TwllI;� e o � � W y c / .Q cca w L d.'. C W� C / o o c) d.v. � �G w LI, UJN s � s N B W UD ~ e ,®- ` �YY Z kms Z CD I -; LLJ N - �= O 0 a. Q Z Q O a Z O O V7 a C z - c:z C2 '! 1�16EA�F wean amalwl4� •. �,� MItJUTE$ ' TIGARD PLANNING COMMISSION '-7—'uunuary 16, 1979 - 7:30 P.M. Page 2 1. That five feet of right-of-way along subject property fronting S.W. North Dakota be dedicated to the City. 2. That applicant submit an agreement not to remonstrate against the formation of a local improvement district for street improvements to S.W. North Dakota Street to local street standards, and that this be filed with the City Recorder, 3. That the developer submit construction and site drainage plans to be approved by the City Engineer and Building Departments and necessary bonds prior to issuance of permits, 4. That significant vegetation be reserved, E. Commission Discussion & Action: o The question was raised by Speaker why the change from half street improvements is being required. o Staff explained a nonremonstrance was called for in a similar action in a hearing the week before, and explained reasons for not requiring the half street improvements in an area where a local improvement district was likely. Upor being asked if this was to be policy in such situations in the future, staff replied it was their preference. o There was no further testimony nor comments from the Commission. o Speaker moved that based on staff findings, the request for zone change ZC 27-78 be approved, subject to the four conditions as presented orally by staff. o The motion was seconded by Helmer and passed unanimously, At this point Mr. Wilbur Schewmaker, 11270 S.W. 92nd Avenue, was recognized. He called attention to the fact the agenda called for public hearings to begin at 8:00 p.m.; that it was about that time then; that he came on behalf of Agenda 5.1. The President explained the desirar'..lity of proceeding as rapidly as possible with the agenda, notwithstanding the usual printed statement that public hearings commence at 8:00 P.M. Mr. Shewmaker stated he was interested in what action had been taken and was told, whereupon he appeared satisfied and left. 5.2� Zone Change ZC 20-78 (Ames Orchard #2) NPO #7 A request by Hazeltree Development Inc. for a zone map amendment from Wash. Co. RU--30 to City of Tigard R-30 "Single Family Resi-"ential" zone on a 12.5 acre parcel at 12235 S.W. Bull Mt. Road (Wash. Co. Tax Map 2S1 IOBB, Tax Lot 600) , A. Staff Report: Selby pointed out the location of the property on a `wall-map, and explained plans for ars extension of S.W. 135th Avenue as a main road and its location through this property. He offered to show some slides of the property, but there appeared to be no special audience interest in this item and the Commissioners expressed familiarity with the property, so they ere not shown. AUTES ,IGARD PLANNING COtOlISSION January 16, 1979 - 7:30 P.M. Page 3 r_ A. Staff Report continued: Selby read the staff report. B. Applicant's Presentation: The applicant's presentation was made by Bob Cruz, representative of David Evans & Associates, Inc. , 200 S.W. Market Street, Portland, architects for the applicant. C. Public Testimony: There was no public testimony either for or against the project. D. Staff Recommendations: Staff recommendations were read by Selby. E. Commission Discussion & Action: o After brief discussion among the Cowtission and Staff as to the propriety of the staff recommendations on the zone change requested, II Speaker moved that based on staff findings the zone change ZC 28-78 be j approved subject to staff conditions 2--7, with the word "other" deleted from printed condition #2. �o The motion was seconded by Seeber and unanimously carried. 5.3 Zone Change ZC 29-78 (Burnham Creek Planned Development) NPO #1 A request by Phil Benson for a preliminary plan and program review of a residential planned development on a 5.4 acre parcel in an A-2 "multi- family Residential" zone located adjacent to Fanno Creek at the end of Ash Avenue (Wash. Co. Tax Map 2S1 2AC, Tax Lot 2300). A. Staff Report: Selby pointed out the area and surrounding land usage involved in this request on the wall map. He read the staff report, including recommendations. He also read into the record a letter from Paul E. Johnson calling attention to provisions of NPO 01 and the problems of access into the area; and a letter from Craig 0. West, Attorney, Tualatin Plaza Building, Tualatin, concerning street problems, zoning and fill in the Greenway. Selby showed slides of the property taken from various locations in and near it. i B. Applicant's Presentation: The applicant's presentation was made by David Brands of the firm, Wilsey & ham, 222 S.W. Harrison Street, Portland, planners and architects dye;: for the applicant. Emphasized was the individually--owned, energy- efficient townhouse units, characterized by the applicant, Phil Benson, as luxury type units in the $80-110,000_price range. Zone Change Narrative AM.ES ORCHARD NO. 2 1. Nature of Proposal This proposed subdivision of 12,5 acres is a revision of the original proposal (Hazeltree Hill) submitted in December of 1976 and approved on December 14, 1976 by the Planning Commission. The original preliminary plat provided for the sub- division of 35.5 acres of land into 37 single family lots with an average size in excess of 35,000 square feet, utilizing public sewer and water. Only 23 lots have proceeded to final plat. This preliminary plat of 14 lots completes the area included on the original preliminary plat. The plan includes a short segment of the proposed S.W. 135th Street extension. Following submittal to Washington County, Ames Orchard No. 2 was annexed to the City of Tigard. Washington County zoning was R-30, which conforms to the requested R-30 zone of the City. 2. Conformance The development plan calls for residential, and the proposed zone change conforms to this designation. Current zoning on the parcel is R-30, which specifies a minimum lot size of 30,000 square feet. The proposed use exceeds this minimum. The proposed land use is in conformance with the resi- dential land use called for by the R-30 zone which states as its purpose: To provide for and protect low density residential property for those families who desire to live in this type of single family dwelling environment. This district is designed to be used in areas pro- viding semi-urban services. 7 The proposed land use also conformstothe require- ` ments of the current zoning and the Comprehensive Plan section on "Quality of Life - A Regional Respon- sibility"; r MW i broad term which means many Quality of life is a people; clean air and water, things to different i recreation facilities, convenience, privacy, a opportunities, a good f choice in housing and job opp i which affect education and a host of. other factors our daily lives. } Quality of life in the conteerivironmenf the tlin whiis sh fined as providing a living ortunity to develop each individual has an equal opp � to their fullest potential varietythrough leasof choices within an aesthetically p fi 3. Communit% Need Public need for the development of. this property to 30,000 to 40,000 square foot lots can be demonstrated in two wayso a) There have been many parties who have expressed a desire to live in the Bull Mountain Area on large lots. These inquiries and requests have been made to the developer relating to phase I. t b) The need for this kind of development 2inOthis area has also been demonstrated by a vote (36-0 including unofficial votes) in favor Off the � - 0, 976 original plan for this site at the May u meeting of C.P.O. #4 (Tigard, Metzger, BBull Mountain) . {{ t.. 4. Potential Impact No change in zoning or Comprehensive Plan is actually being requested. Therefore, we feel the impact is only the minimum anticipated when the area was designated �,. residential by the Comprehensive Development Plan. However, direct social and physical environmental approving the proposed subdivision would . impact of pp t be a potential of 14 families added to the community nd quasi-public services. and their needs for public a ' 5. Site SuitabilitY It is not known if there are other sites available for this kind of development. Howvr, itis known that the public has indicated a specie e) The Property Values. As this land is already zoned R-30, the value of the property will only be increased by the improvements constructed. Raw land value will only be slightly increased by approval of pre- linimary plat. q? f) Needs of Economic Enterprise. t This development would add 14 families to the area and would have minimal impact on services avail- able to the area now. 8. Natural Resources. This development will have no effect upon natural resources with the exception of the loss of those filbert trees to be removed because of street, undergound utility, and housing construction. There is a sincere desire by the applicant to retain the trees on the site to enhance the building sites. , 7. Impact of Services Necessitated - t Since the proposed zone is in conformance with the existing zone and will acid only 14 families to the area, the impact upon public services will be minimal. & x > f f f e in this location and, in particular, this property. Considering that this property is zoned R-30 (a zone peculiar to the Bull Mountain Area) , we would have to compare to other properties zoned RS-1. We feel that this property is unique for its proposed use considering location, surrounding uses, slope of land, and existing orchard on the site. 6. Impact of Proposed Develcjpment a) Characteristics of the Area. This area is low density urban, which the resi- dents of the area are concerned with maintaining. The property slopes 10%-20% to the Northeast corner with a Swale cutting across the parcel diagonally 3 from the Southwest corner to the Northeast corner. There has been a need for the proposed use which has been expressed by the high demand for the lots in phase I. b) Suitability of the Area for Proposed Use of Development. The slope of the land on this property is con- ducive to the large lot, large home concept. The existing swale will be relocated to lot lines, treet areas, and piped underground picked up in s where necessary. c) Land Uses and Improvements in the Area. The area to the West is developed, approximately 30,000 square foot lots with relatively large homes. The area to the North is undeveloped but zoned RU-4. The area to the East is basically undeveloped with sparse housing in the South cor- ner. The area to the South is developed as phase I The proposed development conforms to the surrounding situation, blending in with existing lot and housing types. d) Trends in Land Improvement. ,..., ent which ch t,as taken place in the area has LCV Clv�✓aucaa�. n+.�.+ been virtually all custom homes on individually developed lots. It is an area of high-income families having large homes, mixed with some farmhouse and small farm residences.