Ordinance No. 81-22 CITY OF TIGARD, OREGON
ORDINANCE No. 81-,2,�_
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE
PLAN REVISION TO THE 1975 NPO #2 PLAN MAP OF THE CITY OF TIGARD DECLARING AN
EMERGENCY AND FIXING AN EFFECTIVE DATE. (Angelynn CPR-PD-3-81)
PLANNING DEPARTMENT REFERENCE INFORMATION.
Tax Map 151-35CD Tax Lot(s) 2401, 2402, 3900, 4000, 4100, 4200, 4300, 4400
4500, 4600, 4700 - Project Address S.W. Angel Place - File Number CPR PD-3-81
Present zoning designation R-7 •- Single Family Residential Zone changed to
Al2PD - Multi-Family Planned District Development Applicant Calvin Hamreus
5075 S.W. Main, Beaverton, OR 97005
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 above stated application for a Comprehensive Plan Revision
was presented at a public hearing held by the Tigard Planning Commission on
April 7, 1981. All interested persons were afforded an opportunity to be heard
at this public hearing. Therefore, the Council adopts the following substantive
finding:
A. That the proposed zoning is compatible with the surrounding
neighborhood as determined by the Tigard Planning Commission.
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the
Tigard Municipal Code, this request for a Comprehensive Plan
Revision of the NPO #2 Plan Map of the City of Tigard is hereby approved subject
to provisions of Chapter 18.24 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 Al2-PD.
Exhibit "A:: Legal Description —Exhibit "B": Tax Map -
Exhibit "C": Staff Report
And further subject to the following conditions:
1. The applicants shall vacate the previously approved Angelynn Subdivision
as required under ORS 271.080.
2. The Planning Commission adopt the proposeu street plan as the street plan
for future development in the area.
3. The applicant shall apply for Site Design Review prior to the issuance
of Building Permits. Twenty-four (24) units will be the maximum allowed.
4. Half street improvements to collector street standards shall be made to
SW 95th prior to the issuance of Building Permits.
5. 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 review.
All public improvements will require a compliance agreement and must
be (design) approved by the Public Works Department, and must be either
(1) fully and satisfactorily constructed prior to the recording of any
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
final plat, or issuance of Building Permits.
6. All proposed utilities shall be placed underground. Street lighting
installations shall be approved by the Public Works Department.
7. All street and parking areas shall be concrete or asphalt. All sidewalks
shall be concrete.
S. No Building Permits shall be issued until the expiration of the twenty
(20) day appeal period from the date of approval.
9. 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.
10. All structures developed must meet minimum requirements for Fire and
Life Safety, and Structure Safety Code requirements of the City of
Tigard.
11. 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.
12. 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.
SECTION 3: Inasmuch as it is 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 Id j2 g a L4U ajL vote of all Council members present this
SZ
7 day of r. 1981, after being
read two times by number and title only.
a
Recorder - Gity of.Tigard
APPROVED: By the Mayor this2 7 day of Aler,` , 1981,
Mayor - City of Tigard
( ORDINANCE NO. 81-
l CPR-PD--3-81
Page 2
Order No. 78-17LW
EXHIBIT "A"
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Lot 8, BOETCHERS ADDITIION TO GREENBURG HEIGHTS, in the County
of Washington and State of Oregon, EXCEPTING THEREFROM}that
parcel conveyed to Sara Suzanne Schrag by deed recorded June 20,
1977 -in Book 1175, Page 744, and further excepting that portion
conveyed to Robert E. Borlen, by deed recorded on October 5, 1961
in Book 450, Page 523, and ALSO EXCEPTING the Easterly 20 feet
thereof dedicated to public for roadway purposes.
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f STAFF REPORT
AGENDA 5.2
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 ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING.
DOCKET: COMPREHENSIVE PLAN REVISION, CPR 3-81 (ANGELYNN/HAMREUS) NPO #2
APPLICANT: Calvin Hamreus OWNER: Leon Bruneau and Michael Mahon
5075 SW Main 12435 SW Walnut
Beaverton, OR 97005 Tigard, OR 97005
REQUEST: For a Comprehensive Plan Revision from City of Tigard R-7
"Single Family Residential" to A-12 "Multifamily Residential",
SITE LOCATION: All lots surrounding SW Angel Place (Wash. Co. Tax Map
lSl 35CD, Tax Lots 2401, 2402, 3900, 4000, 4100, 4200,
4300, 4400, 4500, 4600, 4700)
PREVIOUS ACTION: On June 8, 1978, the Planning Director approved an eight (8)
lot subdivision on 2.28 acres, On October 3, 1978, a
condition of the previous approval was amended (reference
letter to applicant dated October 16, 1978 attached) .
FINDINGS OF FACT:
1. The site is presently zoned R-7 "Single Family Residential" in conformance
with the City of Tigard's Comprehensive Plan.
2. The applicant proposes to construct thirty (30) apartment units, inineteen
(19) twostory and eleven (11) one story units) in a cluster arrangement
with interim open space (see attached map) .
3. The NPO #2 Plan designates this area as R-7 "Single Family Residantial".
The property to the west and south is zoned A-20 Urban High Density.
The owners of the property to the north have an application before the
Planning Commission requesting a Conditional Use for single -family attached.
There are single family homes across SW 95th. Targela Court is a small
single family attached subdivision to the northeast.
4. SW 95th Avenue is designated a minor collector in the Tigard Comprehensive
Street Plan.
5. Sewer and water are available to the site from SW 95th
CONCLUSIONARY FINDINGS:
1. Although the Comprehensive Plan and NPO #2 Plan designate this property
as R-7 "Single Family Residential", Staff feels that the request for a
comprehensive Plan Revision to A-12 Urban Medium Density is reasonable.
However, Staff has concerns that this development does not take into
account other vacant parcels in the area. Because of the large amount
of vacant land in the area, Staff would like to consider all development
proposed in conjunction with potential development on other sites. The
' major concern here is an adequate street network.
4
STAFF REPORT
} AGENDA 5.2/CPR 3-81 .
TIGARD PLANNING COWrSSIfti
MARCH 3, 1981
Page 2
2. The applicant's proposal is for thirty (30) units on 2.28 acres. With
the A-12 zoning, twenty-four (24) units would be the maximum on this site:
12 units x 2.28 acres 27.36 units less 25% for public improvements.
2.28 x .25 = 1.71 x 12 = 24 units. In the applicant's Narrative
increase of ten (10%) percent in density was a:s:,ur,.d. The ten (l0%)
percent in density can be allowed in a Planned Development (gar,), The,
applicant has not requested a PD. A PD is encouraged on four (4) or more
acres or when the City asks for land dedication (other than for street) ,
A PD is not necessary for this site and therefore no ten- (10%) percent
density bonus can be considered.
3. SW 95th is designated a minor collector requiring si.ahy (601) feet for
right--of-way.
4. Sewer and water are available to the site.
STAFF RECOMMENDATION:
Staff recommends denial of CPR 3-81 and request` the. af.pjjuEu-t bung in a
proposal which considers surrounding vacant parcels, particularly to the
west and north relative to public street access. Tile applicant shall also
consider the underlying zone requested when figuring the number of units.
r d by �eA. ton Approve4 �d
Special Assistant To The Planning Director Planning Direct
�n