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Ordinance No. 79-24 CITY OF TIGARD , OREGON ORDINANCE No. 79- �f AN ORDINANCE ADOPTING FINDINGS WITH RESPECT T AN APPLICATION BY THE ROBERT RANDALL COMPANY FOR AN A-MENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD ZONE DISTRICT FOR A TRACT OF LAND AT 7955 S-W. BONITA ROAD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 12B, TAX LOT 401, FROM CITY OF TIGARD "R-7" BANGING THE "A-2" MULTIFAMILY RESIDENTIAL ZONE AND ADOPTING EX "A", TO CITY THE APPLICATIONEXHIBITS OF TIGARD AND FIXING AN EFFECTIVE D �� �� ATE. � B , & „C„� GRANTING } F i THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECT-ON 1: Finding that the lands hereinafter described have been heretofore and are now classified { pursuant t as City of Tigard "R-7'1 and further findings that o prescribed procedures, the above-stated application amendment was heard in a public hearing held by the TgardPlanning Co Februar 6 zoning map Y , 1979, and all interested persons were there g afforded an on Opportunity to be heard, and thereafter the and then afforded an and recommended approval with the Cit Planning Commission filed and b ref Y Recorder, a copy therefore hereto its sreporattached Y erence made a part hereof, the Council adopts the eforehe findings: following substantive A- The proposed zone change is in keeping with the NPO #5 Plan for the are and a, B• Sanitation and Water services are available to the site off of the existing lines from the Fann o Creek and Kroese Street adjacent west to the subject site. SECTION 2: THEREFORE, pursuant to the Municipal requirements of Chapter 18,88 of Tigard pal Code, the applicant's request Ti and Zoning Ma of 1970 to zone those lands q for an amendment of the for Multifamily Residential A_2 described in the attached Exhibit "A” of Chapter 18.24 {Multifamil { use is hereby approved subject to the embodied in y Residential Zone) of the Tigard Munici al provisions or exhibited by the documents submitted and identified as l Code esas Exhibit "A"• _ Legal Description Exh }jit1, n, _ B Staff Report Exhibit "C" - Site Plan e y S And further subject to the following conditions: a 1• That the density level be restricted to eight units Per acre. � 2• That the applicant dedicate the Greenwa determined by the 140 foot contour flood area to the City as plain level. 3• That no development or paving in the flood plain or greenwa Permitted, except where crossingY be the Fanno Creek Spine road; Will be necessary to continue hydrologic en The approval will be based on a engineer's study indicating adequate facilities needed ' to offset any adverse effect due to the construction. t � ORDINANCE No. 79- ZC 32-78 "The 5 Robert Randall Company" . t E 4. That a ten foot right-of-way be dedicated to the City along S.W. Bonita Road with half street improvements to city standards. 5. That Fanno Creek Drive be improved as approved by the Engineering Department and align with the existing streets to the west. I' 6. That IZroese Street be continued onto the site from the Waverly � Meadows Planned Development. 5 7. That all construction and drainage plans with required bonds be submitted to the Engineering and Building Departments prior to issuance of permits. S 8. No changes will be made to approved plans or specifications unless ; formal application is made to the appropriate departments and changes i are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances until after the changes have been approved. Any deviation from this condition will result in the immediate posting of a stop work order on the project or any portion of the project. 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: By "h-&*)t r"o(e 5 vote of all Council members present this a?(o da of Y {�,.c.d� , 1979, after being read two times by number and title only. Recorder - Ci y of Tiga APPROVED: By the Mayor thisda sr�.b Y of /1if s ��.&�., 1979. Mayor —City of Tigard x PAGE 2 c ORDINANCE No. 79-)i ZC 32-78 "The Robert Randall Company" e g W 12763 I?E�CfZI l"PION Beginning at an iron pipe on the North lint~ of Section 12, in Township 2 South, flange I West of Willamette Meridian, Washington County, Oregon, which iron pipe bears East 669.5 feet from the Northwest corner of the James Hicklin Donation Land Claim No. 43; and running thence: East along the North line of said Section 1':.', a distance of 3:34.6 feet to an iron pipe; thence South at right ,u,<iie to said section line 1,304.1 f,,ct to ,an iron pipe un Ult: rJurt,t lino of County Road No. 730; thrnce North 89' 20' Wc•:ct- uu the North l ine of said road 334.0 feet to an iron pipe; thence North at right angles to the North line of said section 12 a distance of 1,300.2 feet to the place of beginning. I i EXUPTINt; THEREFROM, the following described property- Beginning at the Southeast corner of the above described property and running thence west along the North line of Road 'No. 736 a d.is;t.ancc of 111 feet to a point; .thence North parallel with the U'a:;t. Liu, of tilt. 11x.)ve described tract 294.32 feet to a point; tilt nt:c I:n:;t. paratlt:t with the North line of Cuutety Road No. 736 a III ft.ct: to they East line of ttte .above described tract; tht•nt:c: Suut11 along tilt Last line of said tract 194. 32 feet to the place of bc(linninc). y : s • �r:.gel. y�y...R' ..�+�.•< T5R4:tvWA. .a .� a 4in •.e' ..v.<.y . r �. . '+e STAFF REPORT AGENDA 5.3 ` TIGARD PLANNING COMMISSION February 6, 1979 - 7:30 P.M. Page 2 5. The Fanno Creek spine road having 60 foot right-of-way will need to be continued and aligned with the road improved from the western developments. 9 6. The access will be from the continuation of the spine road and Kroese Street as well as S.W. Bonita Road. 7. Sanitation and water services are available to the site off of the existing lines from the Fanno Creek Road and Kroese Street adjacent west to the subject site. } II. Conclusionary Findings: 1. The proposed zone change is in keeping with the NPO #5 Plan for the area. 2. Southwest Bonita Road is designated as a collector street requiring a 60 foot right-of-way. It presently is in substandard condition and has inadequate right-o£-way. 3. The flood plain contour and greenway area will be restrictive to development of this parcel as directed by the Tigard Municipal Code and the Environmental L)esiyn and Open :apace Plan. III. Staff Recommendations: Staff recommends approval of the zone change subject to the following conditions: 1. That the density level be restricted to eight units per acre. 2. That the applicant dedicate the Greenway area to the City as determined by the 140 foot contour flood plain level._ 3. That no development or paving in the flood plain or greenway be permitted, except where crossing will be necessary to continue the .Fanno Creek spine road. 4. That a ten foot right-of-way be dedicated to the City along S.W. Bonita Road with half street improvements to City standards. 5. That Fanno Creek Drive be improv^d as approved by the Engineering Department and align with the existing streets to the west. 6. That Kroese Street be continued onto the site from the Waverly Meadows Planned Development. 7. That all construction and drainage plans with required bonds be submitted to the Engineering and Building Departments prior to issuance of permits. Port prepared by: Ken Selby Reviewed b • Alite Howard ;. Associate City Planner Planning Director January 31, 1979 January 31, 1979 STAFF REPORT ' AGENDA 5.3 TIGARD PLANNING COMISSION February 6, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 32-78 Applicant: Robert Randall Company Owner: Mr. & Mrs. Willian Gill Location: 9755 S.W. Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 401) . Request: For a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard A-2 "Multifamily Residential" zone on a 9.16 acre parcel. I. Findings of Fact: 1. The site is presently zoned R-7 "Single Family Residential", and designated A-2 "Urban Medium Density" on the NPO #5 Plan permitting eight dwelling units per acre. 2. The site is divided by the proposed Fanno Creek Drive spine road. 3. Applicable objectives from the NPO #5 Plan for this area (referred to in the NPO Plan as the "Bonita Triangle") are the following: a. Establish an overall density which can economically support lower cost housing alternatives while not overtaxing the required public facilities and services. b. Maximize the benefits of the open space provided by the Fanno Creek flood plain and the buffering effects of its vogotative 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. 4. The site slopes from the south end (adjacent to S.W. Bonita Road) from 170 foot contour to 140 feet and then rises gently moving north to 150 foot contour. The site is brushy, with a single family house fronting S.W. Bonita Road. There are grades up to and exceeding 12-25% The parcel has poor draining ability and is within the 100 year flood plain at the 140 foot contour level. Surrounding land uses are the Waverly Meadows Planned Development to the west, open space and a single family residence to the east, Fanno Creek and greenway area to the north and single family residences to the south across S.W. Bonita Road, :w RobeAf Co. �.. :;..-. : g755SLO Gonda Rd NWV4 SECTION . 12 T2S RIW WM. t WASHINGTON COUNTY OREGON MAP SCALE f°=200' 2DD NW CORNER JAMES SEE MAP � N.NICKLIN DLC N043 rj 2S I s 33 ' ..— 333.3', \ '6 (� 500 335.3' EAST 4q� i 9A�, 9.B5Ac. 9.16 c. 3�0 2 . 4.92 Ac :4.91 143.6 �1 h Ff4$.08' H CJ E . . Ol wo ' Y h V N = 32.04' c` �`. •O z W ' W ISO , oIS:.`.' � !. ISO v. ®+ vi �wo c 700 � O Y m /.65 Ac. 187 °2 9 NS90'W N 18 7.9' 4al� soo se < .4! ♦ y_ 7 Cf'l!t; J cu III 0 3 0 400 _ 0.69Ac. t ® Sw ze la-V O O p N N 111 a SOI i N N60AC N �r ' ems....,_.....` s�..--.._0 ' # 5 89.Sf5 ISO 'N99 20'N 337 3O i ,r x v es N851020 27W330 A2800 330.97' 40 330.91 �,+ PA 0.46 82Ac. .50Ac. 1 0.61 Ac. 4000 4100 --o O —S 170AC. 1.66 Ac. cy ks l 1 N m 2901 f 1 334.45 730JS• _,. MINUTES f t TIGARD PLANNING COMMISSION February 6, 1979 - 7:30 P.M, Page 7 E. Commission Disc -ion and Action continued; - -' o Wood moved for denia asis of inclusion in Conversion ffi3t No. 5, thereby re g 75 per cent vote of the property owners to rezone t arcel. o motion was seconded by Kolleas an rried unanimously. 5.3 ONE CHANGE ZC 32-78 (The Robert Randall Company) NPO #5 A request by The Robert Randall Company for a zone map amendment from City R-7 "Single Family Residential" to City A-2 "Multifamily Residential" zone on a 9.16 acre parcel. The subject property is located at 7955 S.W. Bonita Road (Wash. Co. Tax Map 2S1 128, Tax Lot 401). A. Staff Report: Selby indicated the subject property on the wall map, detailed present uses and planned development in the area, and read the staff report. B. Applicant's Presentation: The applicant's presentation was made by Spencer Vail, Planning Consultant, r^presenting Robert Randall Company, 4610 S.E. Belmont, rortland. They have reviewed the staff report and recommendations and have no problems with them. There will have to be some modification of the plan submitted with respect to the Fanno Creek spine road, because the location of the road through the adjoining development has subsequently been approved, and the radius of 'the road in this development will have to be adjusted. He foresaw no real problem in this. He felt any concerns can be worked out in the design review process. C. Public Testimony: There was no public testimony. D. Staff Recommendations: The staff recommendation was read by Selby. E. Commission Discussion and Action: o Tepedino wished to avoid the problems revealed in agenda item 5.1, and suggested the culvert be installed on the basis of hydrologic engineering findings. There was discussion among the commissioners about area to be considered as buildable in relation to permitted density. -a MINUTES l TIGARD PLANNING COMMISSION February 6, 1979 -• 7:30 P.M. Page 8 r E. Commission Discussion and Action continued; o On being polled, no commissioners had problems with this zone change request. ! E o Wood moved for approval based on staff findings with the following sentence (as suggested by staff) to be added to Condition 3: "The approval will be based on a hydrologic engineering study indicating adequate facilities needed to offset any adverse effect due to the construction." o The motion was seconded by Helmer. a Smith raised the question of how density should be figured when part of the land is in the floodway. It was agreed the Corrnission should consider this in a study session and establish a consistent policy, since this is a constantly recurring issue. The motion then carried unanimously. At 9:55 P.M. the President called for a five minute recess. Cn reconvening ---'-..e meeting at 10:05 P.M. the President asked that comments from the . 13 who had signed up to speak on the next issue be brief and nonrepetitive in the interest of expediting the business still to be accomplished. I' 5.4 SURD LSION S 15-78 (Creek Side Park) NPO ##3 A request Ed Gause to subdivide a 5.20 acre reel into 14 lots in i an R-10 "Sin e Family Residential" zone. Th subject property is t located north S.W. Gaarde Street and eas of S.W. Rose Vista Drive (wash. Co. Tax Ma Sl 3CD, Tax Lots 370 , 3500 & 4000) . A. Staff Report: i r The staff report was read Selby. , E. P.pplicar,t's Presentati.or The applicant, Ed G se, 14635 S.W. 3rd Avenue, stated the land is basically suitabl for residential use; hat the City Council has denied continui S.W. Terrace Trails bey d its present cul-de-sac; that developme t of this property requires a ong cul-de-sac; that the e unbuildable and--.none than is shown in the re 'sed proposal here presented- ill be dedicated to the City for gree way, water control t and water retention purposes. The plat submitted t ats the problems raised 'n previous applications for development of thi tract. He expla' ed the refusal of Gaarde Street residents to con t to any d' dedi ation for street purposes because of the current minim= setbacks and the street grade involved. He offered to put the cost equivalent of/half-street improvements into a bicycle path with a curb, although Oe residents more recently have asked for a sidewalk. He ressed iiiilingness Q�to cooperate with them in this respect. ZONE CHANGE INFORMATION THE RANDALL COMPANY, APPLICANT TAX LOT 401 , 2S, 1 , 12B . THE PROPERTY WHICH IS THE SUBJECT OF THIS ZONE CHANGE REQUEST IS LOCATED IN WHAT IS CALLED THE "BONITA TRIANGLE". THIS BEING THE CASE, THERE ARE SPECIFIC DEVELOPMENT DENSITIES AND TYPES SPOKEN TOA N THE ADOPTED PLAN FOR NPO #5. AS FAR AS THE SUBJECT SITE IS CONCERNED, THE PLAN AND ACCOMPANYING MAP SET THE DENSITY AT 8 UNITS PER ACRE. A"SPINE ROAD" BISECTING THESE PROPERTIES IS ALSO SHOWN. IT WILL BE NOTED THAT THE PLAN SUBMITTED BY THE APPLICANT FOLLOWS THESE PLAN CONCEPTS. SINCE THE SPINE ROAD DIVIDES THE SUBJECT PARCEL, APPROPRIATE DENSITIES HAVE BEEN FOLLOWED BOTH NORTH AND SOUTH OF THE PROPOSED ROAD. THE APPLICANT PROPOSES THAT THE SOUTHERLY PORTION BE DEVELOPED AS A CONDOMINIUM PROJECT. THE DENSITY FOR THIS PORTION WOULD PERMIT, AT 8 UNITS PER ACRE, A TOTAL OF 36 UNITS. HOWEVER ONLY 29 UNITS ARE PROPOSED. THE NORTHERLY SEGMENT TO ITS ALLOWABLE DENSITY OF 44 UNITS AND WILL BE AN APARTMENT DEVELOPMENT. IN REVIEWING THE ADOPTED PLAN FOR NPO 4,5 IT IS FELT THAT THE APPLICANTS PRO- POSAL FULFILLS POLICIES 10-16. IN THE FOLLOWING MANNER: ;LIO- THE PROPOSED DEVELOPMENT IS AT A DENSITY OF 8 UNITS PER ACRE !'I1- ALL UTILITIES ARE UNDERGROUND AND CITY STANDARDS WILL BE FOLLOWED FOR THE PAVING OF THE ROAD;-JAYS, i, 12- WATER AND SEIAJER ARE AVAILABLE AND HAVE ADEQUATE CAPACITIES. -x-13- ADEQUATE OPEN SPACE IS PROVIDED AND THE PERCENTAGES OF OPEN SPACE AND LANDSCAPING ARE SHOWN ON THE SITE PLAN SUBMITTED. 14- ITIS FELT THAT THIS POLICY HAS BEEN COMPLIED WITH TO REACH ITS INTENDED F OBJECTIVE. x;15- SAME AS #14 #r16.. THE SUBJECT SITE IS WELL WITHIN THE BONITA TRIANGLE AND WILL HAVE APART- MENT DEVELOPMENT ON EITHER SIDE.