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Ordinance No. 81-44 CITY OF TIGARD, OREGON ORDINANCE NO. 81-aU AN ORDINANCE ADOPTING FIN D�}'NGS WITH RESPECT TO AN APPLICATION FOR A COP-'REHENSIVE PLAN REVISION TO THE 197 t5 PLAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (CHATTERLEY) THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1: Finding that the lands hereinafter described are now classified as R-7, and further findings that pursuant to procedures, the above- stated application for a Comprehensive Plan Revision was presented at a 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 #5 Plan 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" and "B" attached, 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 - Exhibit 'V; Planning Commission meeting of May 5, 1981 And further subject to the following conditions: 1. Property should be annexed to the City by June 1981. Petitions/Resolution will be delivered to the Boundary Commission for their May 7, 1981 meeting. If this request is granted, staff would prepare an ordinance for the Council indicating said action and assigning an R5 zone to this Parcel. 2. The Robert Randall Company will soon develop the parcel of land directly to the north across Bonita. The alignment of 79th Avenue has been resolved. The Com- prehensive Transportation Plan for the area including Colony Creek, Waverly Meadows, and Randall's parcel has been altered to necessitate a dedication of land from this parcel to align 79th to the north. Applicant is aware of this situation. 3. Bonita Road is substandard. A nonremonstrance agreement for each parcel shall be recorded/made a part of the final plat agreeing to future improvements to Bonita. A five (5') foot dedication along Bonita shall be required. 4. SW 79th Avenue is substandard. Half street improvements shall be required. A ten (10') foot dedication along full 79th frontage shall be required. 5. The present Comprehensive Plan designation is R7 "Single Family Residential". A duplex is allowed as a Conditional Use on 10,000 square feet under the Code. Applicant is requesting four (4) duplex units. It is the feeling of Staff that a Conditional Use should not be used to "substantially" increase densities, therefore, a Comprehensive Plan Revision has been requested for eight (8), 5,000 square foot lots and two (2) lots of approximately 7,500 square feet each. ORDINANCE No. 81- CPR 6-81 mom P 6. Sewer service can be provided from the north. Water is presently available to this date. 7. A site obscuring fence shall be installed along Bonita Road and adequate land- scaping shall be used to buffer the dwelling units from the traffic on Bonita. Plan to be submitted to the Planning Director for approval. 8. 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 satisfied and inspections verifying this have been carried out by appropriate department. e 9. No changes will be made to approved plans or specifications unless foruftl application is made to the appropriate City department and changes are ap- proved by that department. Application for changes will be made in writing and shall include applicable drawings. 10. Giading 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 1000 of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. F; 11. All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 12. 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. 13. A City of Tigard 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. This nonremonstrance agreement is for the improvement of Bonita Road. 14. All street and parking areas shall be concrete or asphalt. All sidewalks shall ' be concrete. ' 15. No Building Permits shall be issued until the expiration of the twenty (20) ; ' day appeal period from the date of approval. 16. 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. 17. Eliminate the park and redistribute the ten (10) units on the parcel. a PAGE 2 Lid ORDINANCE NO. 81 I 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: Byvote of all Council members present this day of , 198 , after being read two times by number and title only. Recorder -- City of Tig APPROVED: By the Mayor this day of � , 1981. Mayor - City of Tigard l f i i f R- t i_ e f X : ORDINANCE NO. 81- Page 1 Page 3 F. E t . EXHIBIT "A" That portion of land in Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point in the South right--of-way boundary line of 40 foot wide County Road No. 736 (S.W. Bonita Road), said point being the Northwest corner of Lot 68 of DURHAM ACRES, a subdivision of record in said County; running thence West, along the said boundary line of County Road No. 736, a distance of 169.7 feet, more or less, to a point of intersection with a Northerly extension of the East boundary line of that tract of land conveyed to Arther Berg, by deed, "• recorded as instrument number 78-13487 in said County's records; thence North, along said extension of the East line of the said Berg tract, a distance of 20 feet to a point in the centerline of said County Road No. 736; thence East, along the centerline of County Road No. 736, a distance of 1.032 feet, more or less, to a point of intersection with a Northerly extension of the East boundary line of that tract of land conveyed to C.D. & M.A. Hulquist, by deed, recorded in Book 460, on Page 520, in said County's Deed Records; thence South, along said extension of the East line of the said Hulquist tract, a distance of 20 feet to a point of intersection with the South right-of-way boundary line of said County Road No. 736; thence West, along the said boundary line of County Road No. 736, a distance of 551.0 feet, more or less, to ', a point of intersection with the East boundary line of said Lot 68 of DURHAM ACRES; G id rnrr wing a ,nwint t d T boundary acorner b__._o r fir, he test fight--of-way boun�ary � line of 40 foot wide County Road No, 933 (S.W. 79th Avenue); thence South, along the East boundary line of said Lot 68, a distance of 237.7 feet to the Southeast' corner thereofathence West, along the South boundary line of said Lot 68, a distance of 310.2 feet to the Southwest corner thereof; thence North, along the West boundary line of said Lot 68, a distance of F 240.1 feet to the point of beginning of this description, t t Containing 1,70 Acres (not including dedicated public right-of--way). I certify that the above description of property has been checked by n-a and i it is a true and exact description of the property under consideration and the: description corresponds to the attached trap indicating the property under � consideration. Title0/0: G County of Washington Degan trent 5�' Ile' gate ...-- -- - - Jell dams rl lf ► ° 9- CV Lo Cj 7 c e } Cfa n t7 9 3nN3A �-= n co w to Wass CID Lr) VIA F N } f a ` tp t n'13 . t 3nN3A -- - ` s lS P t UbiN ON 81Y _ s i 7• STAFF REPORT i AGENDA NO. 5.3 TIGARD PLANNING COMMISSION MAY 5, 1981 - 7:30 P.M. FOWLER JUNIOR HIGH - LECTURE ROOM ', 10865 SW Walnut Street, Tigard t NO SUBMISSION OF ADDITIONAL MATEIVAL 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 6-81 NPO # 5 ,Jam Chatterly/ Bonita Park - Chatterly APPLICANT: Jim Chatterly 29910 SW Ladd Hill Rd Sherwood, OR 97140 r OWNER: Same REQUEST- RE-HEARING A request for a Comprehensive Plan Revision from City of Tigard R-7 "Single Family Residential" to R75 18Single Family Residential" on 1.8 acres at c the orner of SW 79th Avenue and Bonita Road. Applicant wishes to construct four (4) attached dingle family units on the site. SfTE LOCATION: 14575 SW 79, Tigard, OR 97223 Washington County Tax Map 2S1 12B Lot 4000 PREVIOUS ACTION: PLEASE DEAD ATTACHED STAFF REPORT Staff Comments: At the April 7, 1981 Planning Commission meeting this item was tabled. The two (2) major conce-rns of the Planning Commission were the alignment of SW 74th and the' housing mix the applicant had proposed. Staff has reviewed the'proposed' alignment of SW 79th with the PlLblic Works Director and the Tualatin Rural Pire Protection District Fire Marshall. The Punic Warks Director feels that the proposed alignment of SW 79th is the best one possible given the constraints presented by existing development to the north. i H The other concern was the proposed housing mix. In reading the minutes 4 of April 7, 1981, Planning Commission meeting, Staff's interpretation STB-'-'F REPORT AGENDA NO. 5.3 TIGARD PLANNING COMMISSION MAY 5, 1981 - 7:30 p.m. FOWLER 3TJNIOR HIGH - LECTURE ROOM 10855 SW Walnut Street, Tigard Chatterly - Page 2 " is that the Planning Commission wanted a housing mix of single- family and single-family-attached. Two of the commissioners offered the applicant alternatives to his plan. The applicant has proposed a new plan which shows all of the units as single-family attached. i Although the Tigard Municipal Code allows single-family-attached on 10,000 square feet in a R-5 "Single Family Residential" zone, it is staff's impression that a majority of the Commission felt that at least a 50/50 sin gle-familyjsingle-family-attached split would be more appropriate on this particular site. Since.the density concerns of the Commission seem to be site specific (relating.to this particular location and neighborhood) Staff asks that the-Planning Commission determine the housing mix for this site. Applicable NPO # 5 policies are as follows: 13CLICZ 7: The single family character of the area designated on the plan map -is Urban Low Density Residential is viewed as a positive asset to be retained. Projects proposed for this area must be judged according to effects upon this character. f; Polacy 8: Within the Urban Low Density Residential area allow duplexez on lots less appropriate for single family homes to include locations at street' intersections, adjacent 'major thoroughfares, and as buffers between'non-residential and multi-family and single family areas. FOLIC? 13:' Site plans will provide for adequate open space to (a) pxgtect adjacent properties, and (bl provide ample yard space for residents and play Apace for youngsters. 42&hAUzabeth Newton ow Assistant Planner Planning ctor EXHIBIT "D" XINUTES TIGARD PLAPINING CO2MISSION May 5, 1981 Page 4. aware of the problem, and that no parking will be allowed on either side of the street. Howard explained the history, which included consideration of the problem by the city council, which in this case did not mandate correction. CR055-EXAMINATION AND REBUTTAL: Mr. Evans responded to some of the concerns expressed. COI-DIISSIOI DISCUSSION AUD ACTION: Funk questioned the 25 foot private drive in Phase II. Howard explained some of the factors which had been considered earlier in this development. Funk objected to the compromising of standards which he sees reflected in this development. Bonn expressed the same concern, especially with the townhouse area. Staff reported the fire marshall approved this plan. Evans responded that this was basica]1y what had previously been approved, with some realignment of the public streets as requested by the public works director. Moen expressed concern for the narrow streets and drives. Howard reported he, the public works director and the fire marshall were going to work on a revised standard for streets in planned developments, to be revievied by the commission and then pRased on to the council for adoption. He characterized narrower streets in developments as "the coming thing". Moen expressed concern for access by emergency vehicles if any parking occurs on the 25 foot street. Lvans detailed what other nearby jurisdictions have approved in the way of narrower streets. Bonn advocated wider streets. Osens raised the question of retention of the large trees, many of which Evans reported are in the open space and will not be removed. ` - Moen expressed concern for the density in Phase III. He and Evans discussed the open space. Helmer felt the 25 fool: private drive should be increased to YJ feet,to assure access by emergency vehicles at all t times. Owens suggested a wider pavement could give a perception, of more t space between the two rows of houses. Funk felt any motion should include a provision for access to Mr. Cashts property as a condition. Bonn MOVED approval of Subdivision S 3-81, Colony Creek Phases II and III, based on staff .findings and recommendations, with provisions the bus shelter and turnout be moved to the temporary access location when that becomes a cul-de-sac; that provision be made at this location for emergency vehicle access; that adequate access be provided to Mr. Cashts lot, with k ' details to be worked out by the parties; that the private drive in Phase II be increased from 25 feet to 30 feet in width; and that the two cul-de-sacs in the area of the houses be 50 feet instead of 40 feet wide. Owers seconded the motions which carried unanimously. 5.3 COMPREHENSIVE PIAN REVIS1014 CPR 6-81 (BONITA PARKICHATTERLEY) NPO #5 A request for a Comprehensive Plan Revision from R.-7 "Single Family Residential, 7,500 sq. ft. par lot" to R_,9 } t MINUTES TIGARD PLANNING COi•2IISSION May 5, 1981 4 Page 3. i t 5 .2 SUBDIVISION S 3-81 (COLONY CREEK PHASk II & III) NPO #3 y A review of Phase II and III on this project• flash. County Tax Map 251 12 BB, Lots 100, 3400, 3600, 4300. Howard read the STAFF REPORT and RSCOttMENDAT IONS, together with a letter from Titan Properties requesting an additional Lot No. 40, indicated on the Phase II and III preliminary plat as Tract "A". It would have access to a cul-de--sac off Fanno Creek Drive, and while fronting Hall I` Boulevard, would have no access to that street. Howard illustrated the features of the development on the map on the wall. The APPLICANT'SPRESENTATION was made by Dave Evans of David Evans and Associates Inc., 200 SW r1arket Street, Portland. He briefly described he original presentation, which was approved more the changes made in t than two years ago, In Phase II they ask for 40 units versus 38 originally. I s. He discussed the bus turnout in Allowed density is 60 to 62 unit relation to the present temporary access for Phase I. He felt the latter Staff had no problems location is the better location for the bus turnout. :.•ith this relocation when the temporary access is closed. PUBLIC TESaItONY was presented by the following: #** Jerry Cash, 15170 SW Sunrise Lane, who is the owner of property adjoining the southeast cul-de-sac in Phase III. He had been promised access in 1978 by the then owners when the property was developed. This promise was not reduced to writing. Mr. Cash stated the present developers will give him access to the cul-de-sac for a price which he feels is unreasonable. Funk asked how the $119000 figure asked by the developer was arrived at. .Steve Bleek of 2201 NE Cornell Road, Hillsboro, stated project it was the engineer's estimate of total development cost Ito wash left that divided by the number of units, which came to 510,999• this is a matter to be worked out between Mr. Cash and the developer. +*• Leroy Sloan, a resident of Phase I, who expressed concern about I lower-cost homes oeing built in the neighborhood. *** Michael Bridges, 8500 SAY Colony Creek Court, questioned the eventual disposition of the cul-de-sac used as the temporary access to Colony Creek, expressing concern for rapid access to the development by emergency vehicles. Howard suggested that an addition to Condition 3 with respect to the bus shelter provide that an adequate fire protection bus shelter is moved to the Creadev! lane shall be provided when the 2lop- cul-de-sac now used as the temporary entrance to the Colony ment. }** .Tom Chow, 7980 SW Fanno Creek Drive, expressed concern over the substandard width of Fanno Creek Drive, feeling it is a safety hazard, especially for children in the community. Howard reported the city is t MINUTES TIGARD PLANaIPiG CO,LMISSION May 5, 1981 Page 6. 'i I CROSS-EXAMINATION AND REBUTTAL: Chatterley stated an error of 10 feet in the alignment of Bonita was found, and he is dedicating an addi- tional 10 feet, so he is contributing 20 feet right-of-way to improve Bonita, together with 10 feet along 79th. Owens asked about the trees which have been cut. He reported many of the large ones were diseased, and that in order to obtain the maximum benefit from solar, only the trees on the perimeter were left. Speaker inquired what maintenance the park shown on his plan would receive. Chatterley thought a homeowners associ- ation could be formed, but it is not provided for in his proposal. Herron inquired what provisions can be made for a homeowners association, responded to by Howard. i COMMISSION DISCUSSION AND ACTION: Moen wondered if the maintenance on the common park would not become a problem, and whether it might be preferable to spread the square footage of the park among the units to give slightly larger yards. Bonn felt the conuerns expressed at the previous meeting had been properly addressed, and that the plan as. pre- sented is a good one. Owens felt that the density is quite acceptable on this rattier small site. Helmer agreed with the density as proposed, but expressed concern over maintenance of the common park, feeling it should be eliminated. Kolleas and Herron agreed to the density but felt the maintenance of the park would be a problem. x Funk MOVED approval of CPR 6-81 based on staff findings and recom- mendations, with the provision that Recommendation 12 specify the non- remonstrance agreement is for the improvement of Bonita Road. Bonn favored giving the developer the option to keep the park, but with some form of homeowners association to provide proper maintenance, or to eliminate the park and redistribute the 10 units on the parcel. After a little discussion, Funk added the option to the applicant as part of his motion. Herron seconded the motion, which carried unanimously. { The president declared a five-minute recess. ' 5.4 COMPREHENSIVE PLAN REVISION CPR 8 & 9-81 (MAIN STREET/ J B BISHOP) NPO #1 A request to change the Comprehensive Plan Designation for approximately four (4) acres on Ash Street from A-12 "Multi-Family" to C-3M "Main Street Commercial"; and a request for a Preliminary Planned Unit Development for approximately sixteen (16) acres between SW Main and Ash Avenue. Howard read the STAFF REPORT and RECOM?4ENDATIONS. He also read into t the record several communications { "'* A letter from Anita Edin, 13110 SW Ash Drive, expressing great 5y satisfaction with present conditions on Ash Avenue, rejecting what she i a MINUTES TIGARD PLANNING CO;CIISSION May 5, 1981 Page 5. �. I "Single Family Residential 5,000 sq. ft. per lot" on 1.8 f acres to construct four (4) attached single fancily units and two (2) detached single family units. Wash. County Tax Map 2S1 12B Lot 4000. k Howard read the STAFF REPORT and RECO,*MENDATIONS. He read into the record a letter from Mr. and Mrs. W. Sykes, who enumerated reasons why they approved Mr. Chatterley's approach and hoped to buy into his project. Howard stated the commission should set the density; that he and the public works director had carefully gone over the 79th.-Bonita intersection, and this was the best arrangement possible considering the constraints due to prior development. The president asked for and secured a motion to raise the matter from the table. The motion was seconded and carried. I The APPLICANT'S PRESENTATION was made by Jim Chatterley, 29910 SW Ladd Hill Road, Sherwood. He stated their feeling was that smaller { attached homes with solar features would make for more efficient housing E and a successful project. G PUBLIC TESTIMONY was presented by -- +�*' Mrs. Gilmore, 14630 Sid 79th, who inquired what of her property would be taken (for Bonita Road). Staff explained nothin. would be taken from her property until she developed. She explained the visual impedi- ments due to the vertical curves in Bonita, which she felt is hazardous to the unwary. She expressed hope that the setbacks, particularly on Bonita, would be sufficient to provide safe pedestrian use. Howard explained the prospect of an LID in the area as the manner in which the improvements she perceives as needed will come. *** Chris Vanderwood, 14345 SW 80th Place, representing Waverly Meadows Homeowners Association, who expressed opposition to the multi- family nature of the project. Their association would prefer single family residences in order to protect the integrity of the neighborhood. *** Bill Sykes, whose letter was read previously, again expressed approval of the concept of the project, and is looking forward to moving into it. *** Rita Chatterley, co-owner with the applicant, who recalled the opposition of the ';lavorly Meadows people to renters at the last meeting. She related the shables the property was in when they bought it from the owner-resident, yet apparently no one had complained. The point was that home ownership does not necessarily mean good care for a property.. *** Mrs. James Weaver, 14670 Sod 79th, who agreed the property was in poor condition. She opposed attached dwellings on the promise that people in detached homes are more permanent. , *** Bruce Hoskins, a resident of Tigard and a landlord, who praised the quality of this project.