Loading...
Ordinance No. 81-24 f 6:- a CITY OF TIGARD, OREGON ORDINANCE NO. 81- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE PLAN REVISION TO THE 1979 NPO ;#7 PIAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. CPR F 5-81 (Gallo 's Vineyard) PLANNING DEPARTMENT REFERENCE INFORMATION Tax Map 1S134DC, - Tax Lot 2900, - Project Address S .E. Corner of S .W. Tigard & 113th Avenue - File Number CPR 5-81. , - Present zoning design- ation R7,- Zone changed to R5, - Applicant Herb Mor.rissette .Builders, 7470 S .W. 75th, Tigard, Oregon THE CITY OF TIGARD ORDAINS AS FOLLOWS *` SECTION 1 : Finding that the lands hereinafter described are now class- ified R7 , and further findings that pursuant to procedures , the abovestated application for a Comprehensive Plan Revision was pre- sented at a public hearing held by the Tigard Planning Commission on April 7, 1961 . 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 surround- ing neighborhood as determined by the '.Tigard Planning 'x Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 13.88 of the Tigard Municipal Code, this request for a Comprehen- sive Plan Revision of the NPO #7 Plan Map of the City of Tigard is here- by approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attach-- ed and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to R.5. Exhibit "A": Legal Description - Exhibit "B": Tax Map - Exhibit "C": Staff Report s, And further subject to the following conditions: 1 . Applicant to petition_ to vacate .13th and re-plat alignment to serve &: development. Elimination of the eight (8) proposed driveways to 113th will be accomplished when applicant applys for subdivision review under Chapter 17 of the Code. _ 2. Re--plat to show separate 50010 square foot, lots and commonwall development configuration. Single family to the west, attached ' <: units to the east. ORDINANCE No. 81- CPR 5-81 3. A nonremonstrance agreement be made a portion of each deed for each parcel on the plat for the future -improvement of S.W. Tigard Street, 4. Applicant shall apply for subdivision review under. Chapter 17 of the Tigard Municipal Code . 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 . 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) approved 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, public dedication, final. plat, or issuance of Building Permits. 8. All proposed utilities shall be placed underground. Street light- ing 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, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyor. 10. A City of Tigard approved nonremonstrance agreement must be recorded by Washington County and returned to the City of Tigard Planning Department before issuance of Building Permits or change of pro- perty ownership. 11. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 12. No minor land partitions shall be made in reference to this project unless formai application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. 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. ORDINANCE No. 8 i- g CPR 5-81 yF PASSED: By .aYl1 . .�0.1 vote of all Council members present thi!.[s 7� day of April, 1981, after being read two times -uy"nu6lUer and title only. i Recorder - City bf T ig r 4. APPROVED: by the Mayor this _�� � day of April , 1981. Mayor -- City or Tigard 1- �r ORDINANCE No 81- CPR 5-81 Page 3 t f 4 EXHIBIT "A" Order No. 331143 Lots 7, 8, 9 and 10, CHERRY HILL ACBE TRACTS, Washington County, Oregon, EXCEPTING THEREFROM the North 220 feet of Lot 10; ALSO EXCEPTING THEREFROM the following described parcel: a Beginning at the intersection of the East line of said Lot 7 with the South right of way line of SW Tigard Street and running thence South along the East line of Lot 7 a distance of 100 feet to a point; thence West parallel with the South line of SW Tigard Street a distance of 80 feet to a point; thence North parallel with the East line of said Loi 7, a distance of 100 feet to a point on the South line of SW Tigard Street; thence East along the South line of SW Tigard Street a distance of 80 feet to the point of beginning, — r} ED Fit u tf, JIV DVQ p _r :> I\1 � 3 +--�� WFST LINE 0r THE J0""4 C. HICI,'LIN DA.0 HO 54 S. ` JS,Ifi ry �:)el PI 70co _ - O ') Z :J] ^MOM' .. a W ,p rn.^e ot1 � oloAlr � ' , x Al f h d P O 4 6jY 9 s t ® �w.�1 $ 7n•• t ILI -4 v M M' )1°. to fq tot41 t qD fu A-1 Act 42 00 0 101 _ J 1 to •� �.) ' ...a�•� � '•17 � , r s, 20. POUT' 67O"m SOU 70 �� a•. A.ssrs• 00-Or w 11.3 t►� ✓0 IN- PLACE ,. _�,A ? !lou .N o Q1 (r N �I C7! Iy Qom ' G -✓� '' pr ` `✓ ���jjj _ $ � I� 3 ) .R„ fig �✓ �'.• ii � p p � IV pr..iwm`�w4t[r�'}rlt� is � T1•I'w.� ®hf X. _ 710 .!a co ts^wr _ e_�9i'�r t� __!`"r P•9�^ >rCcr'4T_..... - . . .. � � '. too N ?- a Qo �elm .04 Ism v ; • Imt; l _ 011 t' It"do 4-1 'low wwm��j p STAFF REPORT AGENDA 5.5 ' TIGARD PLANNING COMMISSION APRIL 7, 1981 - 7:30 p.m. FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Street, Tigard NO SUBMISSION OP ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. .SHOULD THIS OCC?.R, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING. + l DOCKET: COMPREHENSIVE PLAN REVISION, CPR 5-81 (GALLOS VINEYARD R7 R5 4 TO ) NPO #7 APPLICANT: HERB MOMSETTE BUILDERS OWNER: James & Anna Gallo 7470 SW 76th Avenue C/O HERB MORISSETTE BUILDERS Portland, Oregon 97223 REQUEST: For a Comprehensive Plan Revision from City of Tigard R7 "Single Family Residential" to City of Tigard R5 "Single Family Residential" to build single family attached homes. SITE LOCATION: SE corner of SW Tigard and SW 113th (Washington County Tax Map 1S1 34DC, Tax Lot 2900) PREVIOUS ACTION: Subdivision, S 11-76 and Subdivision, S 21-77 files for Gallos Vineyard STAFF NARRATIVE: Gallos Vineyard has been with us since 1976. In the final analysis we are at this point because of economics and delays. The applicant could construct duplexes on 1000 square foot lots in an R7 Zone under a Conditional Use granted by the Planning Commission, however, Staff feels that the Conditional Use is for one or two units and not for extensive density increases. Hence, this Comprehensive Plan Revision. Staff has reviewed the preliminary plat of the applicant and has suggested a vacation and re-plat of 113th Avenue. The flag lot configuzations are not appropriate. 113th could be repla tted as a portion of this subdivision and should continue around to the west to connect with 113th Place eventually when Mr. Globkee develops the south. The major issue is density. The surrounding property is open to the east, developed R7 to the west, one single family home on a large parcel to the north, and undeveloped to the south, except for one old house just out of the Fanno Creek floodplain. Staff suggests detached single family units on _ 5000 square foot lots along the western side of 113th and attached units (duplexes) on the eastern side of 113th. This mix would allow a reasonable density increase and would not seriously change the character of the area. FINDINGS OF FACT: 1. Lard presently is under the Compxehensive Plan designation of W. Change £, requested to R5. 2. Sewer and water service are available to the site. t STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSI(iiv APRIL 7, 1981 " Page 2 3. 113th is gravel and unimproved. 4. R7 Zone to the west is fully developed. The impact of attached single family dwellings proposed could be met if mitigated by the w .alignment of 113th and landscaping. 5. 113th will have to be vacated and realigned. CONCLUSIONARY FINDINGS: 1. Increasing the density by use of commonwall duplex construction is appropriate on 5000 square foot lots. A single family, duplex mix could be used to retain the character of the area. 2. Full street public improvements to 113th will be made to serve this development and future development to the south will connect to 113th Place. STAFF RECOMMENDATION: Staff recommends RI!roval subject to the following conditions: 1. Applicant to petition to vacate 113th and re-plat alignment to serve development. Elimination of the eight (8) proposed driveways to '., 113th will be accomplished when applicant applys for subdivision; review under Chapter 17 0£ the Code. 2. Re-plat to show separate 5000 square foot lots and commonwall development configuration. Single family to the west, attached units to the east. 3. A non.remonstrance agreement be made a ,portion of each deed for each parcel on the plat for the future improvement of SW Tigard Street. 4. Applicant shall apply for subdivision review under Chapter 17 of the Tigard Municipal Code. S. 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 unles-3 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. Grading and construction plans for all work in public rights-of-way and, all other public improvements shall be prepared by & registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. .: All public improvements will raquire a compliance agreement and must be (design) approved by the Public Works Department, and must be eit::er (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) boned 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. • STAFF REPORT 'r`• AGENDA 5.5 P . TIGARD PLANNING C4 ;SION APRIL 7, 1981 Page 3 8. All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. r";, A metes and bounds legal description and map shall accompai-y a dedication 4 of public rights--of-way, parks, open space or floodplain areas . and shall be prepared by a registered engineer or land surveyor. 10. A City of Tigard approved nonremonstrance agreement must be recorded by Washington County and returned to the City of Tigard Planning Department before issuance of Building Permits or change of property ownership. 11. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 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. ', oward ping Director a e y n ars kir' mow_ 7 7T