Ordinance No. 81-15 CITY OF TIGARD, OREGON
ORDINANCE NO. 81-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT
TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
(Dawn's Inlet ZCPD 2-81)
PLANNING DEPARTMENT INFORMATION
Tax Map 1S1 34DC, Tax Lot 3500, Project Address 11885 SW 113th Place,
File Number ZCPD 2-81, Present Zoning Designation City of Tigard R-7
"Single Family Residential", Zone changed to R-7PD "Single Family Residential
Planned Development", Applicant Jon M. Davis.
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: Finding that the lands hereinafter described are now classified
as R-7 "Single Family Residential", and further findings that
pursuant to procedures, the abovestated application for a zoning map
amendment was presented at a public hearing held by the Tigard Planning
Commission on March 3, 1981. All interested persons were afforded an
opportunity to be heard at this hearing. Therefore, the Council adopts
the following substantive findings:
A. That this application is in conformance with the R-7PD
designation on the NPO #7 Plan which is a portion of the
adopted Tigard Comprehensive Plan, and
B That the proposed zoning is compatible with the surrounding
neighborhood as determined by the Tigard Planning Commission.
s
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the
Tigard Municipal Code, this request for an amendment to the Zone
Map of the City of Tigard is hereby approved subject to provisions of Chapter
18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A",""'B",
and "C" attached and made a part of this Ordinance. The zoning designation
of the subject property is hereby changed to R-7PD "Single Family Residential
Planned Development".
Exhibit "A": Legal Description - Exhibit "B": Tax Map
Exhibit "C": Staff Report
And further subject to the following conditions:
1. Specific plans shall be submitted to the Public Works Director for the
improvements of SW 113th Place. Sewer and water pians shall also be
reviewed by the Public Works Department.
2. All lands below the 100 year floodplain elevation (162 feet) shall be
dedicated to the City for open space.
3. Grading and construction plans for all work in public rights-of-!way
and all other public improvements shall be prepared by a registered
professional engineer in accordance with City standards, and shall be
submitted to the Public Works Department for review.
ORDINANCE NO. 81-_41-
ZCPD 2-81
x
All public improvements will require a Compliance Agreement and must
be (design) approved by the Public Works Department, and must be either
(1) full and satisfactorily constructed prior to the recording of any
minor land partition, public dedication, final plat, or issuance of
Building Permits; or (2) bonded to the City for 100% of the estimated
cost thereof prior to the recording of any minor land partition, public
dedication, final plat, or issuance of Building Permits.
4. A site drainage plan shall be submitted and approved by the Public Works
Director prior to the issuance of Building Permits.
5. No Occupancy Permits shall be issued until all conditions placed upon this
development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
6. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes
are approved by that department. Application for changes will be made
in writing and shall include applicable drawings.
7. All proposed utilities shall be placed underground. Street lighting '
installations shall be approved by the Public Works Department. '
8. A metes and bounds legal description and map shall accompany a dedication
of public tights-of-way, and floodplain areas, and shall be prepared
by a registered engineer or land surveyor.
9. All street and parking areas shall be concrete or asphalt. All sidewalks
shall be concrete.
10. No Building Permits shall be issued until the expiration of the twenty
(20) da appeal period .from the date of approval.
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11. No minor land partitions shall be made in reference to this project .
unless formal application is made to the City of Tigard Planning
Department and the minor land partition is approved and recorded.
SECTION 3: Inasmuch as it necessary to the peace, health, and safety
of the public that the foregoing zone change in the City's
records become effective, an emergency is hereby declared to exist, and
this ordinance shall be effective upon its passage by the Council and approval
by the Mayor.
PASSED; By �Lh a ya rr�ri c.�s vote of all Council members present this
day of ✓";C,-c- 1981, after being read two times
by number and title only.
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Re order - Ci y of Tig
ORDINANCE N0.
ZC€'D 2-81
Page 2
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APPROVED: By the Mayor this ,,2,3 L- day of ��/„ , - jv , 1981.
�/
Mayor - City of Tigard En,�
ORDINANCE 81-j
ZCPD 2-8t
Page 3
S C H E D U L E A
Amount $ 31,000.00 Date February 2, 1981 At 3:00 A.M.
Premium $ 163.00
INSURED
----MICHAEL P. LOCKWOOD and TANYA LOCKWOOD;
and JON A. DAVIS and PAMELA F. DAVIS-----
The estate orinterest
MICHAEL Preferred
LOCKW00D andherein
TANYAis,
LOCKWOthe
OD,date
as tenants
vested in -____MICHAEL
by the entirety, as to an undivided one-half interest an
JON M. DAVIS and PAMELA F. DAVIS, as tenants by the entirety,
as to an undivided one-half interest-----
The land referred to in this policy is described as
A portion of Lot 19, CHERRY HILL ACRE TRACTS, Washington,
County, Oregon, more particularly described as follows:
Beginning at the initial point st 114THine �PfLACE,Ba duly recorded
plat thence south a.i�iIg . e
ADDITION, a distance of 20 feet, more or less, to the Southwest
corner thereof; thence East along the South line of Lot 8,
MUTTLEY'S ADIDITION, a distance of 28.12 feet to the Northwest
corner of Tract "A", MUTTLEY'S ADDITION; thence South along the
West lines of Tract "A" and Lots 9 and 10, MUTTLEY'S ADDITION,
a distance of 183.97 feet to the South line of Lot 19, CHERRY
HILL ACRE TRACTS; thence West along the South line of Lot 19,
CHERRY MILL ACRE TRACTS to the southwest
tcorner thereof;ACRE thence
North along the West line of Lot 19, CHERRY
a distance of 200 feet to the South line of 114TH PLACE, a duly
recorded plat; thence East along the South line of Lot 9 and
10, 114th PLACE, a duly recorded plat, a distance of 288 feet
to the point of beginning.
EXCLUDING THEREFROM, part of Lot 19 in CHERRY HILL ACRE TRACTS
in the Southeast quarter of Section 34, Township 1 South, Range
1 West of the Willamette Meridian, Washington County, Oregon,
and described as follows:
MUTTLEY'S ADDITION;
Beginning at the Southwest corner of Lot 1®, HILL ACRE
thence West along the South line of Lot 19 of CHERRY
TRACTS a distance of 115 feet; thence North 000 O1' West ;parallel
with the West lines of Lots 9 and 10, MUTTLEY'S ADDITION, a
Page 1 of Policy No. 34-A-108641
( 6
distance of 14.3.97 feet to a point
2eet to
of
Northwest Of the est
of said Lot 9; hence East 115 f ry
thence South 00 o1' East along the West lines Cf
said Lot 9; 10 distance of 143.97 feet to the point of
_n
said Lots 9 and a -------
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STAFF REPORT
AGENDA 5.6
TIGARD PLANNING COMMISSION
MARCH 3, 1981 - 7:30 p.m.
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC
HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR,
UNREQUESTED, THE 'TEM WILL BE TABLED UNTIL THE FOLLOWING HEARING.
DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 2-81 (DAWN'S INLET) NPO #7
APPLICANT: Jon M. Davis Owner: Michael and Tanya Lockwood
12680 SW Watkins AND
Tigard, Oregon 97223 Jon and. Pamela Davis
SAME ADDRESS
REQUEST: For a preliminary Plan Review for a Zone Change from City
of Tigard R-7 "Single Family Residential" to City of Tigard
R^-7PD "Single Family Residential Planned Development District"
Zone to build single family homes.
SITE LOCATION: 11885 SW 113th Place (Wash. Co. Tax Map 1S1 34DC, Tax Lot 3500)
PREVIOUS ACTION: On December 6, 1977, the City of Tigard Planning Commission
denied a request for a variance to the City's street standards.
FINDINGS OF FACT:
1. The R-7 zoning is in conformance with the City of Tigard Comprehensive
Plan and the NPO #7 Policies.
2. The applicant has a request before the Planning Commission at this time
for a Conditional Use to construct a single family attached unit on
Parcel 1.
3. The site slopes to the southwest. The surrounding land is developed
as single family subdivisions.
4. Access to the site is provided off SW 113th Place. At present, SW 113th
is a forty (401) foot right-of-way approximately one-hundred (100') feet
long which dead-ends at a forty (40') foot easement to the subject
property. The applicant intends to cul-de-sac SW 113th Place to serve
the site. The three parcels will be served by a thirty (301) foot ingress
and egress easement. Parcel 2 has a fifteen (15') foot acess strip to
the cul-de-sac. Parcel 3 has a Fifteen (15') foot easement to the
cul-de-sac as well (see attached map).
5. Sewer can be brought to the site from an eight (8") inch line in SW 113th
Place. Water is also available to the site.
6. The site plan indicates that the 1.06 acre site will be divided into
three lots (four if the Conditional Use is approved for the single family
attached) . The lots proposed are all larger than the minimum 7,500
.t
square feet required (see attached map).
STAFF REPORT
AGENDA 5.6/ZCPD 2-81
TIGARD PLANNING COMMISSION
MARM 3, 1981
Page 2
7. The applicant intends to dedicate all land below 162 feet in elevation
to the City for open space. This portion of the property is in the
100 year floodplain.
8. The plan submitted does not show what portion of the access will be paved
or where the driveways will connect.
9. No site drainage plans have been submitted.
10. Applicable policies from the NPO #5 Plan are as follows:
POLICY 1. The maximum overall density of development will be four dwelling
units of 12 persons per gross acre. This amounts to a standard of 7500
square feet of land per dwelling unit allowing for streets and other
open space. Some areas will have a lower density owing to topography,
existing development patterns, or the desi-re of individuals to own a
larger lot.
POLICY 7. within the urban low-density residential area, allow duplexes
on lots less appropriate for single family homes to include locations
at street intersections, adjacent major thoroughfares, and as buffers
between_ multifamily and sin-gle family areas.
pCILICy 8. When developments are proposed in the urban low-density area
for sites which include identified natural features worm=y of preser=-
vation, the planned development concept shall be utilized if the Planning
Commission determines it the best method for preservation.
CONCLUSIONARY FINDINGS:
1. Flans for improving the cul-de-sac at the end of SW 113th, and driveway
easements, shall be submitted to the Public Works Department for approval.
2. Sewer and water are available to the site.
3. The density proposed is within the maximum allowed in the R:7 Zone.
d. The land in the 100 year floodplain shall be dedicated to the City for
open space.
STAFF gE(OM.MENDATION:
Staff recommends approval of the Zone Change Planned Development (ZCPD 2-813
and preliminary Plan Review of Dawn's inlet with the Following conditions:
1. Specific plans shall be submitted to the Public Works Director for the
Improvements of SW 113th Place. Sewer and water plans shall also be
reviewed by the Public Works Department.
2. All lands below the 100 year floodplain elevation (162 feet 3 shall. he
dedicated to the City for open space.
STAFF REPORT
AGENDA 5.6/ZCPD 2-81
TIGARD PLANNING COMMISSION
MARCH 3, 1981
Page 3
3. Grading and construction plans for all work in public rights-of-way
and all other public improvements shall be prepared by a registered
professional engineer in accordance with City standards, and shall be
submitted to the Public Works Department for review.
All public improvements will require a Compliance Agreement and must
be (design) ayproved by the Public Works Department, and must be either
(1) fully and satisfactorily constructed prior to the recording of any
minor land partition, public dedication, final plat, or issuance of
Building Permits; or (2) bonded to the City for 100% of the estimated
cost thereof prior to the recording of any minor land partition, publin
dedication, final plat, or issuance of Building Permits.
4. A site drainage plan shall be submitted and approved by the .Public Works
Director prior to the issuance of Building Permits..
S. The applicant shall apply to the City of Tigard Planning Commission for
General Plan Review.
6. No Occupancy Permits shall be issued until all conditions placed upon
r this development by the City of Tigard have been satisfied and inspections
verifying this have Leen carried out by the appropriate department.
7_ No chanaes wi T 1 be made to approved plans rr Spc CifiCation5 unless foxfaa-1
application is made to the appropriate City department and changes
are approved by that department. Application for changes will be made
in writing and shall include applicable drawings.
S. All proposed utilities shall be placed underground. Street lighting
installations shall be approved by the Public Works Department.
9. A metes and bounds legal description and map shall accompany a dedication
of public rights-of-way; and floodplain areas, and shall be prepared by
a registered engineer or land surveyor.
10. All street and parking areas shall be concrete or asphalt. All sidewalks
shall be concrete.
11. No Building Permits shall be issued until the exPiration of the twenty
(20) day appeal period from the date of approval.
12. No minor land partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning
Department and the minor land partition is approved and recorded.
s
.
Pre red by Elizabeth A. Newton Approved 01�
ard
Special Assistant To The Planning Director Planning
STAFF REPORT
+ AGENDA 5.6
TIGARD PLANNING CONL...SSION
MARCH 3, 1981 - 7:30 p.m.
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC
HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR,
UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING. F
DOCKET: CONDITIONAL USE, CU 1-81 (DAWNS INLET) NPO #7
APPLICANT: Jon M. Davis OWNER: Michael and Tanya Lockwood
12680 SW Watkins AND
Tigard, Oregon 97223 Jon and Pamela Davis
Same Address
REQUEST: For a Conditional Use in an R-7 "Single Family Residential"
Zone to construct a single family attached unit an two
separate lots.
SITE LOCATION: 11885 SW 113th Place (Wash. Co. Tax Map 1S1 34DC, Tax Yat 3500)
PREVIOUS ACTION: The City of Tigard Planning Commission on December 6, 1977
denied a request for a variance to the City's street standards.
FINDINGS OF FACT:
1. The Code allows single family attached as a Conditional Use in an R-7
Zone (reference Section 18.20.020) on 10,000 square feet.
2. Parcel 1 (see attached map) is 13,280 square feet. It is not possible
to split this into two single family lots with an R-7 zoning designation.
CONCLUSIONARY FINDINGS:
1. The 13,280 square foot lot is well above the minimum 10,000 square feet
required for a single family attached unit.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use, CU 1-81 with the Following conditions:
1. The applicant shall apply for Site Design Review for Parcel 1.
2. All conditions of ZCPD 2-81 shall be met prior to the issuance of
Building Permits.
3. The applicant shall apply for a minor land partition for Parcel 1. The minor
land partition must be approved and recorded by Washington County prior to
the issuance of Building Permits.
4. No Occupancy Permits shall be issued until all conditions placed upon this
development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
5. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes axe
approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
P e iz h . a -c+ Approve e r
Spe al ]assistant To The Planning Director Planni Di r
1, '( e? 1�t/uxc�P i of tax lot 3500 to create threebuilding
lots.
2+ The current zoning and what 1 am propodsing comply with
Tigard°s adopted comprehensive plan.
3. This will provide three additional
homesites/building lots within the city limits of
Tigard. More taxable properties to aid the current
tax load.
4. These additional building lots will not change the
environmental, economic or social condition of the
area. This would not affect am change in availability
or public service, access or other aspect of community
development directly affecting the subject site. It
will add access to public services.
A
y. Available road, water and sewer services make this
site desirable to be. approved for the proposed use.
5 6. The approval and cc, pletion of this site will improve
the area, along wit1 getting rid of two eyesores and
Z= dangerous areas.
iz
7. By adding three building lots to this area, will
place no burden on any public services as the services are
already provided and it is not an over populated
area at this time.
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