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Ordinance No. 79-52-T CITY OF TIGARD, OREGON ORDINANCE NO. 79- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. WILLIAM A. GODWIN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND LOCATED AT S.W. SATTLER AND S.W. 89TH AVENUE AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 11AD, TAX LOT 6500, FROM THE CITY OF TIGARDADOPTING "R-7" TO CITY OF TIGARD "R-7 PD" FAMILY RESIDENTIAL PLANNED DEVELOPMENT AND A SINGLE FA 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 ow classified as City of Tigard "R-7" and further findings that pursuant n 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 March 6, 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, R the Council adopts the following substantive fi.^.'?ings: A. That the applicant is in conformance with the Urban Low Density Residential designation of NPO #6 Plan, and B. That proposed zoning is compatible with the surrounding neighborhood. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of of Tigard Municipal Code, the applicant's request for an amendment fo the Tigarr Zoning Map of 1970 to zone those lands described in the attached Exhibit "A" for Single Family Residential Planned Development (R-7 PD) 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": - Vicinity Map And further subject to the following conditions: 1. That the cul-de-sac radius be no less than 45 feet. 2. That the applicant submit construction and drainage plans with necessary bonds for approval by the City Engineer and Building Department prior to issuance of building permits. 3. That site design for the landscaping and site plan be approved prior to issuance of permits. 4. No subdivision plats will be approved until public sewer service is assured to the satisfaction of the. planning Director. ORDINANCE No. 79-, " _ ZC 22-78 "Sattler Park Estates" O - T 5. That ten feet of right-of-way be dedicated along S.W. Sattler Street { t with half street improvements to collector street standards be made on S.W. Sattler Street frontage. No final plat will be recorded until construction drawings have been approved by the Public Works Department and the necessary bond filed. 6. That a covenant be attached to the deed of any lots abutting S.W. Sattler Street to prohibit direct access to Sattler Street. t 7. No changes will be made to approved plans or specifications unless formal application is made to the appropriate departments and changes are approved by that department. Application for changes will be made r 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. 8. That the 3.5 acre open space be dedicated to the City, improved with landscaping and paved pedestrian path up to but not beyond the northern edge of the ponds. The entire open space area is prohibited from any cut or fill grading except in small proportions to develop the path. The intent of the open space (3.5 acres) is to maintain the surface water wetlands retention capabilities in the area. 9. All lots will meet minimum code requirements. r SECITON 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 / ,Y„ of all Council members present this / f day of Vc1 n Q 1979, after being read two times by number and title only. Record r Cityof Tigaid APPROVED: By tide Mayor this ��,E day of 1979. yor - City of Tigard i r� i PAGE 2 5 ORDINANCE No 79-A b. ZC 22--78 "Sattler Park Estates s b iii:•. MA:inANrY nrSD on K`IOM ALL Y!N 8Y T"1133 pRC1aNTl. "hat EDWARD 7. a SATTI-M and LI"IAIi E. SA TTLCR. nu+Dans! and V 1: for tria consideration nacstnaftar stated, to grantors pard j by G. FMW WtRDI11, AOaCTT !• *93TWNO, WtLLIAA A. aiDWIl, and pr7"4r+ i d7llefRT" CCCAnN aRatRSL, as tenants in common, grantees, 1* - � do '%Or*" grant, bargain, 1.11 and convey unto rrancses, thaar " heirs. sucaeasors anti asssgna. that ce, .1n real property. '`l��-w a 5 with the terAmmmate, hsreditamenta .and apq,urtenances thereunto . belorgi" at apWrtalnlnq, situated to We County of xsehaay' toe, Aad State of Oregon. daserlbed as fcllwa, tc-watt All of ties follwimr bounded and described real Pro— _ " pertT. situatod an the County of :wsnaayton and State e;JvT i'N of ocoqom- CLamoaacing on the North line of the Dentition Lied Chin of Salomon and rlisabotn afcnardeon in Slctlon ro-t< 11. Ttemahlp = south, Yanq* Moridiase. In satd County snd State at A pout cisalhm Nest of tsc 'iortnaast corgi If 4414 timet tttamLti+ rsnaioq oech 16.311 �n.1pst thancv east 3.7123 �•�' -i chalhet thence `ortn 16.23Y enaana 'j the Norte linea Of aaad Clatas thenae Leat on t.7s 44.1 :+ort.'a line 3.7173 artium to the piece of 549 a:atFaq. To lave ASD To Ran the same veto tae graateea. . S tlrals halts, rvmsoeaaara a•d saalgss forsvor. ;-' ` and Yraatere covenaet to and rust gramteee. their `• i tinges. eacoeraors and amaigas. that yr_?etorm are lawfully wLgaa is fto alawls of the above greeted ps:®ises, frame fSrmr W eaoept righta of the Public Ie azzoo s. }A1.41 ..+;E4)'�,#9.� 6 1.s#'So.N'iti•!'.'�..i�. .. :r r.i..x y b J � � • tYyy � ""iia : 1 A '�` f � .th. 3 f'�k 'Y*4R�.1 W �r 3w f#�.� �_• 41; a - t. r`r S4� '.'s,f' r "x f�v:�"'+�'i x/•�'�' xs 4� a �'� '.'�r$fi�'�a Pr�.ry y� r',�" �- � � t"��,� +if � a o+ �A ya�7.�. �f ty •. e:;, � 4r'} %°+ ii +• $t'a�` '.'k..* } y rf �" s� x t r,. a a r z `�&° r a. y r�r v rx a� s ra f i eryiv 4 .t mat 3a r ft z '";L "Y C�t'vr'" r'y`a - ,i y.-w:• r +. eta t ti..'g� Fr1...: { �..T �' — 3k` Tt,La .'+ e P Y k* dz�" �t C� ..5'�f£�r''�t'.: i Z Sµ.+, R `• ,p� i.'� ,Y -c'i.^ `' s—gq�Je6�, as 7:4' s�'�7��r� 'r�.v n ,�� '� 1"r^�#''�4'`�i1'.'"a .` �`,�d. �, .h_X' r� '++'. .n.4+*„{ d'{ '` In �a. .j o �.� is•t i.'� 'gym a„�S x s{ r 'c' - � ,d t . - r .:. y v �. �e, "�" n �•f y, t t'.s". kA 3i `t': s � .4'. 'S. ` rte �' Xc�r"�' � "�� d a � m p_ x..' ,7 - �F�a��'. t �` �"rrx�,A7•�r i� d^as �-'� r.w'ta v i t �•�i. y ��,1 .a• .x 'r✓ r �x„a�,1 t�.!� � �t M'�.�.�fh�kYxs .,r�„��cR d: k��,;�,a� ."o� �h}r+,t= n� •-' 1 T STAFF REPORT AGENDA S. TIGARD PLAING COMMISSION March 6, 1979 - 7:30 P.M, r OR Fowler Junior High School - Lecture Room 10365 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change 2C 22-78 (Sattler Park Estates) Applicant: William Godwin Owner: same as applicant Site Location: S.W. Sattler Street and S.W. 89th (Wash. Co. Tax Map 2S1 11AD, Tax Lot 6500) . Request: For a general development plan and program review of a residential planned development and zone map amendment from R-7 to R-7 Planned Development on a 9.27 acre site. I. Findings of Fact: 1. This application was tabled from the February 20, 1979 Planning _ Commission meeting (see attached February 20, 1979 staff report) until the following concerns could be resolved between the City Staff and applicant: a. Setback distance of the clustered units from the proposed private Load. b. Adequate access through the private road that runs through the clustered units up to the park area. c. Determine if the 3.5 acre open space area should become a city park. d. If the private drive should be dedicated as a public street, and to what width. e. Determine the development of adequate off-street improvements to serve the clustered units. 2. On February 26, 1979 the applicant and his engineer representative met with the City Planning Staff, Police Department, Fire Marshall and Public Works Supervisor to resolve the issues raised at. the February 20, 1979 Planning Commission .•leeting. The Park Board recommended that the 3.5 acre open space be dedicated to the City and maintained as a natural open space greenway area for surface drainage retention use. II. Conclusionary Findings: 1. The following modifications to the applicant's original general plan and program were agreed upon: s aasur ru,Fvna AGENDA 5.1 TIGARD PLANNING COMMISSION March 6, 1979 - 7:30 P.M. Page a. That the private drive (as shown on t he original general plan) become a public street with no parkinc restriction, 24 feet of right-of-way, 20 feet of paving, rolled curbing and sidewalk on one side. b. That the 24 feet of public right-of-way be designed to connect access points from two directions. c. That the 3.5 acre open space area be dedicated to the City and be zmaintainec as a natural spill way drainage retention area. d. That relocation of the clustered units be permitted to accommodate the extension of the public street access. That the setbacks for the unit be no less than 20 foot front and side yard when abutting a public street. III. Staff Recommendation: Staff recommends approval of the General Plan and program with preliminary plat as shown subject to the following conditions; 1. That the cul-de-sac radius be no less than 45 feet. 2. That the applicant submit construction and drainage plans with necessary bonds for approval by the City Engineer and Building Department prior to issuance of building per tits. 3. That site design for the landscaping and site plan be approved prior to issuance of permits. 4. No subdivision plats will be approved until public sewer service is assured to the satisfaction of the Planning Director. 5. That ten feet of right-of-way be dedicated along S.W. Sattler Street with half street improvements to collector street standards be made on S.W. Sattler Street frontage. No final plat will be recorded until construction drawings have been approved by the Public Works Department and the necessary bond filed. 6. That a covenant be attached to the deed of any lots abutting S.W. Sattler Street to restrict direct access to Sattler Street. 7. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes 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 j or any portion of the project. { STAFF REPORT + AGENDA 5.1 { r j, TIGARD PLANNING CQ''N1IS✓ .N March 6, 1979 - 7:30 P.M. Page 3 S. That the 3.5 acre open space be dedicated to the City, improved with landscaping and paved pedestrian path up to but not beyond the northern edge of the ponds. The entire open space area is prohibited, from any cut or fill grading except in small proportions to develop the path. The intent of the open space (3.5 acres) is to maintain the surface water wetlands retention capabilities in the area. 9. That covenant and restrictions be placed on the final plat and other deed documents with posted signs on the public (20 foot wide paved) street prohibiting parking at all times. i Report prepared by: Ken Selby Reviewed by: t1rc Howard Associate City Planner Director March 1, 1979 1979 L a \BAST 22.86250+• 1O NE COR ; DLC 44 6500 6400 9.32�C• /�.92.ar, SEE MAP 2SI It AC L� u o m c e� v i l ZC 22-78 PD (Sattler Park Estates) 9.27 acre parcel Location: S.W. attle S z Street et e �S F 1