Ordinance No. 73-05 CITY OF TIGARD, OREGON
I
ORDINANCE No.73-,a
AN ORDINANCE RECLASSIFYING LANDS OF TUALATIN DEVELOPMENT COMPANY AND f
FRANKLIN SERVICE CORPORATION WITHIN AN AREA KNOWN AS "SUMMERFIELD"
FROM WASHINGTON COUNTY P-R - PLANNED RESIDENTIAL, TO CITY OF TIGARD k
P-D - PLANNED DEVELOPMENT DISTRICT; ADOPTING A PRELIMINARY SITE PLAN
KNOWN AS "SUITMERFIELD PLANNED CONMUNITY OF 1972" TOGETHER WITH GENERAL '
PLAN AND PROGRAM; PRESCRIBING CONDITIONS APPLICABLE THERETO; FIXING
EFFFCTIVE DATE AND DECLARING AN EMERGENCY.
THE. CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that pi-rsuant to provisions of
Title 18 of the Tigard Municipal Code, the City has here-
tofore instituted proceedings to ehanga the zone classification of
an area formerly under zoning ,jurisdiction of Washington County, Oregon
which was annexed to the City by recent order of the Metropolitan
Boundary Commission and confirmed by City ordinance, said area being
locally known as "Summerfield" as more particularly described on the
attached sheet designated "Exhibit All and by this reference made a
part hereof.
Section 2: The City 'council further finds that after due and legal
notice as by the Municipal Code required,a hearing was €
regularly held by the City Planning Commission on December 19, 19?2 f
whereat all interested persons were afforded an opportunity to be t`
heard with respect to the change in zone classification of said lands t
from Washington County P-R - Planned Residential, to City of Tigard
n-D - Planned Development District; and thereafter the Planning Com-
mission,pursuant to Sec. 18.56.040 of the Municipal Code, sutmitted
to the City Council findings and recommendations as hereto attached
marked "Exhibit B" and by this reference made a part hereof, that the
change of zoning classification as herein stated be approved subject
to the conditions hereto attached marked "Exhibit C" and by reference
made a part hereof.
Section 3: The Council further finds that after due and legal notice
a hearing was held by the Council at its regular meeting
of January 22, 1973, and thereupon by motion was continued to and
reconvened on February 12 1973, whereat all interested persons and
t,� sc.:cr.,_a, p ublia were afforded a further opportunity to be heard with
respect to said proposed change of zoning classification of zaid lands
described in Exhibit "A", and the Council further finding that no
public detriment will result from the granting of said petition and
that it is in the public interest that said zoning reclassification as
instituted by thecityof Tigard be approved and that said lands be
re-zoned accordingly-The Commission's findings are hereby adopted as
the Council's findings.
Section_4: The City of Tigard finds that the development of the said
lands as described in Exhibit "A" pursuant to the Planned
Development District provisions of the Tigard Municipal Code shall be
authorized subject to and in accordance with the following:
(a) Those conditions as recommended by the Planning Commission
of the City of Tigard, being 20 in number as hereto attached marked
"Exhibit C" and by this reference made a part hereof.
Page 1 - ORDINANCE No.73--5
(b) The development of said lands shall conform with the
general development requirements as set forth in Title 18 of the Tigard
Municipal Code and the "Summerfield Planned Community of 1972" concept
as submitted by and on behalf of Tualatin Development Company and
Franklin Service Corporation, a copy whereof is hereto attached marked
"Exhibit "D" and by this reference made a part hereof.
y Section 5: In accordance with the foregoing and subject to each and
every requirement hereof, and particularly the conditions
set forth on the attached "Exhibit C", the zoning classification of
the lands described on the attached "Exhibit All be, and the same is
hereby, changed and said lands are reclassified from Washington County
P-R .- Planned Residential, to City of Tigard P-D - Planned Development
District, and are further subject to each and all applicable require-
ments of Title 18 of the Municipal Code of the City of Tigard.
Section 6: Inasmuch as it is necessary in order to preserve the
integrity of the land use regulations and to require
adherence to the planned development district-requirements as in tail
ordinance sea .fort-, ar-d thereby provide for the proper utilization
of said lands, it -is hereby declared to be in the public interest and
necessary for the peace, health and safety of the people of the City
of Tigard that this ordinance become effective with the least possible
delay, and therefore an emergency is declared to exist and this ordi-
nance shall be effective upon its passage by the Council and approval
by the Mayor.
PASSED: By unanimous voteof all Council members present, after
being read three times by number and title only, this
12th day of February, 1973.
Recorder - t o
APPROVED: By the Mayor this 12th day of February, 1973.
! JuG � ell—
Mayor City of Tigard
' Page 2 ORDINANCE No.73: J-
' f... Exhibit "A"
Legal Description
art -
The following described trotot of laid being situated in ?„
the S.E. 1/4 of section 10 and the S.W. 1/4 and S.E. 1/4
of Section 11 T-2S Fc-1.W WX 1Paahington County,
Oregon.
Beginning at the 1/4 corner on the South Line of Section
10 T-2S R--1W W.M. being on the centerline 24 "S. W.3DDurha
Road. County Road 429; Thence: V-89 55
along said centorline to an intersection
;wiiththe easterly
f
right oway of S.W. Pacific Hwy;
(, 669.70' more or less along said easterly richt of way to
the north lire of that tract described in deed Bock 849
page 19; :'hence: along the North line as described in
Book 849 Page 19 N-89 51'-E 9101 more or less to the
East line of Lot 16 of the duly recorded Plat of Willow
Brook Farm Thence: N-00 081-E 246.9' to the 1,.11. corner
of Lot 15 said Plat Thence: along the West line of Lot 12
N-00 031j_W 914.76' to the NX. corner of Lot
Thenceonathe
caidccentezline.of 5a17 eNeaeve°Street long
Sg63b 10'-E 457.71'
to the N.E. corner of said Lot 12; Thence: S-0° C)31_E
311.31' along the east lino of Lot 12 to the 5,41. corner
of that tract described Book 279, page 221; Thence:
Easterly along the South line of.that tract 203.00' ;
Thcnce: "-n° 03'-14 208.00' Parallel i'tith the ea:a line
of said Lot 12 Lli11ov! Brooi: Farm to the centez•11.11e Of
S?7 I'a'ove Street; Thence: along, said centerline S
10'-1. 229.71' to an intersection with the cer.tc: lir.e of
S';1 '.0;'th Avenue C.R. 341415 a,zd C.R. #900; Thenc,
tc^t�o
p�•+ •;; 102.30' alon;; the costerline of C.'. ,
fi„vI, corner of L�,t 'r'1112o:v !'rool: Farm;
r t
c,5.d Lo. t� he
cj�G,00' alor.� th^ north line of r Lot �;
corner tiierc of also bcinf; the 571 Cor:icr o. 6
rocn,,0c.i Plat of ti.e ::ar;ueri to 11 T 'z'rac ;
?_on line betwo-on Section:: 1.0 W.w 11 �"' �S
on ' �o� _ 1 �2+ frO:a the 1;4 scction corner
318.J 011-n; 329.78' .
10 and 11 T;:cixcc: .,_Oo 0'J1 3
aton;; cction Bile batc:ccn Sec:ion 10 and 1.1 `.o '!7!e
is.4, C:�i:•l1CI' Of 1.Dt •f O the ;:al' L10`_'itC OCI:^. Tract,;; 'rl:encc:
. time Of : 41,0 1.Ot 7
i.�' �.i2�.201 alonz he r.orth500
° �.� t �f�..1.. '2(. �,
to the :�.> COrnvr there Of', Thence: 5•-0 05 �- � 9-
3 au::' tht c,-.(;t l :;r nt Lot:, 'i and 6 to the S,r-;- coz'rier of
Lot �; Ti onec: continuin�G S-0° 05' ►t5"•E ;'0.0J� cure or lrsc
er
1. _
to the N.I.I. corner oP Lot 17 of the duly ilei of RldN.I .
3.
Broft
Pam; Thence: "90 381-2 665.94' ,along the.north
line of Lot 17 to the centerline of S.W. 98th Avenue
County Road #2048; Thence: m-oo 09° 16"-Z 653.0' along
the centerline of S.W. 98th Avenue to ae point which is
S-00 091 16-1-VI 326.70' from a 3/4" iron pipe at the
. svetn a and S.W. Sattler Road
intersection of 5.� nn+r
,. ,�...
C.R. #727; Thence: K-84° 54' 56"-E 801.90' parallel wiUi
e the centerline of S.W. Sattler Road to et point on the
west line of Lot 14 Alder Brook Farm Plat; Thence: 14-00
09' 16t1-E 3?d6.701 to the centerline of S.W. Sattler Road;
Thence: N-89 541 56Y0rE 1019.39' along the centerline of
SW Sattler Road to the N.E. corner of that tract described in
Deed Book 251, Page 643; Thence: 5-00 52' 38"-W 1101.56'
to a 11211 iron pipe; Thence: S-00 251-W 1094.60 to the
centerline of S.W. Durham Road C.R. #429 also bean the
South line of Soction 11 T-2S R-1W W.M. Thence:- S- 90 51'
40"•W 1142.08' alon., south line of Section 11 to the 1/4
corner; Thence: on the south line of Section 11 and the
centerline of S.71. Durham Road S-890 161 30"-VV 331.98';
Thence: N-00 071 211'-E 894.26' along the west line of
lot 19 of Alger :rook Farm Plat to the N.W. corner thereof;
Thence: S-8941 31#1-W 330.11' to the N.W. corner of '
lot 20 said Plat; Thonce: continuing S-890 54' 31"-W 665.28'
along the south line of Lot 17 said plat to the S.W. corner thereof;
Thence: S-00 051 4511•% 896.94' along the creat line of
Lot 22 Alder Oreo'.: Farm Plat to the centerline of S71 Durham
Road and the sout2) line of Scetion 11 Thence 5-390
161 30"-'J 1321t.G21 to the STI corner of Section 11 T-2S
R-11`1 W.I.I. hoin a 2" iron pipe; Thonco: S-99° 521 07"-t4
2627,96' alonf tl,c centorli.ne of S;1 Durham Road and the
South lino-of Section 10 T-2S R-11,1 ?7.t:, to the llis corner
pr axtd the place of be�innxng.
,
i A, �.
Exhibit "B"
RESOLUTION OF THE PLANNING CO*MSION
OF THE CITY OF TICARD
ADOPTING FINDIHCs OF FACT AND RPCOMOMINO 10 THE CITY COUNCIL
APPROVAL OF Zone Change No. 5-72
WHEREAS, proceedings have been conducted by the Planning
Commission of the City of Tigard with respect to the petition
by the Tigard Planning Commission for s change of zone classi-
fication from Washington County P-R, Planned Residential to
City of Tigard P-D, Planned Development.
WHOM, pursuant to Chapter 18.84 of the Tigard Municipal
Code after due and legal notice, a public hearing was held by
the Tigard Planning Commission with respect to the above described
proposal on the 19th day of December, 1972;
NOW, TORL, the Planning Commission of the City of
Tigard in meeting assembled this 6th day of Feb , 1973,
now resolves to and does hereby adapt and/or approve the following
Findings of Fact with respect to the above designated proposal:
1. The subject property is designated for Urban Low
Density Residential development within the Tigard
Community Plan. This category allows residential
densities of up to 4 dwelling units or 12 persons
per gross residential acre. The proposed development
is in su atential conformance with+. the Tigard
Communtiy Plan.
2. That exceptions from the standards of the underlying
district are warranted by the design and amenities
incorporated in the development plan and program.
°lbe plan includes:
a 201 acres supporting 1250 dwelling units
b 1.92 persons per dwelling unit or a maximum
of 2400 total population
c. Typical residential lot area of 4,000 square
feat
d. 49.5 acres of golf course and natural reserve areas
e. Approximately 20,000 square foot recreation building
maintenance building, lakes, pool, tennis courts
and parking for 125 cars.
f. single family;lots of 50' x 80' with 10 feet front,
4 foot side and. 8 foot rear yards. Rear and side
yard setbacks may be waived for "oommonwall" or
"zero-lot line" dvel.l.ings
t 3. The development plan is in harmony with the surrounding
`,. area and will have a beneficial effect on the area which
could not be achieved under other zoning districts. F
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page 2
4. The system of ownership and the means of developing,
prraaerving and maintaining open spaces is suitable.
5. That each phase of development can be substantially
completed within one year of each approval.
6. The Comm nilly Plan does not f�ssignate commercial
development for the northeast or southeast corners
of Durham Road and Pacific
7. pd6guate community shopping and commercial facilities
are provided in proximity to the development--at the
King City shopping center.
8. With development of this magnitude, road improvements
Will be ratIQU-ed to serve the additional resident
population and those who will use the public recreational
facilities. z
9. The Department of Enviro=ental Quality huss approved t
nonoccupancy building permits--to allow construction
of model homes. Connections to the King City treatment
plant will depend upon D.E.Q. approval of the completed n
treatment plant expansion daring 1973• a+
10. The Tigard Water District is in the process of
connecting its lines to the Lake Oswego water system.
This should be completed by May of 1973•
11. Housing will have age restrictions in the project by
the developer.
IT IS FURTHER RESOLVED that the Planning Commission does here'oy +'
approve the above described proposal ,and hereby records its recom-
mendation for favorable action by the City Council
f
PASSED by m vote of the City Planning Commission, <
this 6th day of $ebrusry, 197 -
s
FacuiA.wruw t ,N:
ATTEST Yb1r,
i
i, eroteary
Issmod upan the above UU41riff8g, tate sta=t recommends approval
> of the request-' -ith the following conditl� 1;
{ 1. Prior to the issuance of any building permit within
the development, a sits plan of the etttlt'e level t
setting forth the site development standards shall be
submitted to the Planning Commission for review and
"BxtilUit " approval. This plan shall IMIude but not be limited
to landscaping, setbacks, building heights, signs,
streets, proposed improvements, sidewalks, curbs,
gutters, park ing, service and storage areas.
2. All land within the development oball be used for
{{ residential and reoreatimslses, except that the
A area designated for commercial on, the sit* plan
may include service and/or professional office uses
serving the development. If such uses are approved,
the Planning Commission shall approve the location,
access, siting and range of permitted uses.
3. Each phase of the development shall be reviewed
and approved by the Planning Commission. At the
time of approval of each phase, the densities and
uses shall be approved.
4. A boat and trailer storage area shall be designated in
an area contained by an opaque fence or sight obscuring
landscape screaming maintained at not less than six
(6) feet nor more than seven (7) feet in height.
5. The apartments in the project shall be developed in
accordance with A-2 standards unless otherwise approved
on a specific site plan by the Planning Commission.
6. The overall density of the development shall be no
{. greater than 6.25 dwelling units per acre (1250 total ,
t units) with a total population not to exceed 2400
persons.
r 7. The setbacks and lot sizes as
proposal for single
4- family unite shall be_approved unless otherwise
E' Specified by the PlanningCommiasion, except that there
shall be a ten (10) foot minimum yard requirement 5
where any yard abuts a public street.
8. Approval of any lots to be subdivided shall be through
the Subdivision ordinance procedures.
9. Open space shall be maintained through a Homeowners
Jk Association or by the developers with convenanta
submitted for approval atthefiling of the final plat
z
10. All utilities shall be subsurface installations.
11. Housing shell be limited to an average densit• of
no more than 1.92 persons per dwelling unit.
' 12. Excluded parcels surrounded by "Summerfield" &hall
be included in the site plan with the possibility ;
of access provided these parcels to eliminate their
isolation.
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, P.1 EXHIBIT. 1QCn
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13. There shall be dedication to 45 feet from centerline
on S.W. Durham Rood.
14. There shall be dedicatl.on of 35 feet from centerline
with a 40 foot improvement provided on S.W. 98th
Where the development abuts both aides of the road
and a half street improvement where the development
abuts only one aid* of the road.
15. There shall be dedication of 25 feet from centerline
(32 feet improvement) on S.W., Naeve Street with half
street improvement here applicable.
16. There shall be dedication of 30 feet from centerline
on S.W. Sattler (36 feet improvement) with half street
improvement where applicable.
17. Internal street improvements will be designated at the
time of the platting of the subdivision.
18. There shall be no occupancy without public water and
sewer.
19. A copy of the deed restrictions and covenants shall
be attached to the approved plan to help insure
conformity with planned densities.
i 20. Phase II of the development shall not be approved
until additional water service is available to the
Tigard Water District from the City of Portland
and/or City of Lake Oswego.
?: Pg. 4 Staff Report - "Summerfield"
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P 2 EXHIBIT "C"
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