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Ordinance No. 80-79 CITY OF TIGARD, OREGON ORDINANCE NO. 80-_2J 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. COPPER CREEK - STAGE I $ PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 2S1 14B, Tax Lot 100, Project Address south of Durham Road, east of Serena Way at Pick's Landing Subdivision, File Number ZCPD 1-80, Present Zoning Designation Washington County RS-1, Zone changed to City of Tigard y R-5PD "Single Family Residential Planned Development District" 1 Applicant Tualatin Development Co. , Inc. 9999 THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as Washington County RS-1, and further findings that pursuant f to procedures, the abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on September 2, 1980. All interested persons were afforded an opportunity e to be heard at this public hearing and thereafter the Planning Commission filed its report with the City Recorder, a copy hereto attached and by reference : made a part of. The Council adopts the following substantive findings: • A. That this application is in conformance with the R-5PD "Single Family Residential Planned Development District" designation € on the NPO #6 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. 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 i of the subject property is hereby changed to City of Tigard R-5PD "Single Family Residential Planned Development District." Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, Exhibit "C": - Staff Report And further subject to the following conditions: 1. A Homeowner's Agreement be prepared for the maintenance of the sensitive S land areas to the east of this site to include brushing, tree priing, etc. prior to issuance of Building Permits. This Agreement shall be approved by the Public Works Director and the City Council. Should j future development be approved for, the remaining areas (Stage II) # ORDINANCE NO. 80-J4 t PCPD 1-80 ! [pp[ a siiailar Agreement shall be drawn to ensure that the complete area is maintained and protected. a kr 2. A restriction shall appear as a part of the Final Plat indicating that each parcel owrar shall not remonstrate against the future formation of a Local Improvement District to improve Durham Road. 3. All public streets shall have fifty (50) feet right-of-way, thirty-four (34) feet of paving. Sidewalks will be required on both sides of all streets except in cul-de-sac bulbs. i 4. Necessary right-of-way dedication shall be made to provide forty-five (45) feet from the centerline of SW Durham Road to the property line along the entire northern boundary of this property. e 5. All Conditions under Title 17, Tigard Municipal Code, shall be adhered to in filing the Preliminary and Final Plat for review by the various departments of the City. 6. 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. 7. Grading plans and construction plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to commencement of work. 8. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. 9. All existing or proposed utilities shall be placed underground. Street ' lighting installations shall be approved by the Public Works Director. l 10. No Building Permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. ' r t 11. That street improvements be constructed to the approval of the Public Works Director prior to the recording of the Final Plat or issuance of Building Permits. 12. All existing easements recorded with this parcel shall be reviewed with } Applicant and the City prior to filing of a Preliminary Plat. t` 13. That the building placement shall be shown for all lots prior to the issuance of Building Permits. r SECTION 3: This ordinance shall be filed with the recording office of Washington a' County. This ordinance is not effective until so filed according to ORS 92.048 (4). SECTIO14 4: This ordinance shall be effective inmediately after its passage by the Council and approval of the Mayor. I { ORDINANCE NO. 80�- ZCPD 1-80 Page 2 PASSED. By f�i��ih�m©u5_ vote of all Council members present this day of �pb�p,,,bQ,r , 1986 , after being read two tim¢s by number and title only. Recorder - City-o Tiga APPROVED: By the Mayor this .2.2 a day of , 298 0 sr/ yo - rty o Ti and ORDINANCE 110. 84- ZCPD 1-80 Page 3 SCHEDULE A 4• Ainouut $100,000.00 Date September 9, 1976 At$;00 A IL 'Premium $333.00 INSURED -- TUALATIN DEVELOPMENT CO. , INC.------ The NC.-------The estate or interest referred to herein is,at the date hereof,vested in -------REED L. HOLMAN, who took title as REID L. HOLMAN, as to an undivided 1/6 interst; VERNA CARD HOL--MAtl, _as to an undivided 1/6 interest; CARL H. NYSSEN, as to an undivided 1/6 interest; ELIZABETH J. NYSSEN, as to an undivided 1/6 interest; DONALD R. HOLMAN, Trustee, F 7 ey der that int ai..r.a �wt�•e� .�$ .C..h�rW.TY� }1y deed YPC'�f11-ded With full power V1 $aaGg uia•wc� aaa iaa..cL v1.0_- trust, in Book 11.07, page $1, Records of Washington County, Oregon, as to anundivided 1/12 interest; WILLIAM C. HOLMAN, Trustee, with full Power of Sale, under that " •intei vivos trust as shown by deed recorded in Book 1107, age 79 Records of ,as County, Oregon, as to an undivided 1/12 interes ; HATHE L. HOLMAN, DONALD REID HOUMN, AND WILLIAM C. HOLMAN co-trustees with full Power of Sale, der that testamentary trust created b bONALD R. HOLMA deceased, Probate tt� #!02 031, Multnomah County, Oregon, as to an undivideinterest, toget:xer as The land referred to in this policy is described as tenants in common. Commencing at the quarter section post on the Section line between Sections 11 and 14, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; running thence South 120 rods to South line of the Solomon and Elizabeth Richardson Donation Land Claim No. 44; thence West on said South line of claim 26--2/3 rods; thence .North 120 rods to 'section line; thence East '26-2,13 rods along North .line of said Section 14 _to place of beginning, EXCEPTING THEREFROM a strip of land 16 feet wide off of the.North end of the above described tract which is reserved for road purposes.-•--___-_---- t _ PAGE x OF POLICY NO. 34--A_.75960 ®saa na•sg MAP in 1/4 COR. ROAD Sao, ��!! 200 .3®0 ! PI 0 f c 0.72/e. ® + '.4ZAC. ro a /9.$ 4c. ao .. amfew, \\ am w. ® we aim aft op maw ps 6 ! } • a+ , za a� uu - , IA STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION k September 2, 1980 - 7:30 p.m. Fowler Junior high - Lecture Room 10865 SW Walnut Street, Tigard DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 1-80 (Copper Creek) NPO #6 3" APPLICANT; TuAL TiN DEVE �OpMENT CO.. INC. OWNER: SAME 15300 SW 116th Avenue Tigard, Oregon 97223 REQUEST: For a Zone Map Azrendm�nt from Washington County RS-1 to City of Tigard R-5PD "Sin l Family Residential Planned Development ` District" for Stage Cor Creek - General Plan Review. AND For a Zone Map Amendment from Washington County RS-1 to City ' of Tigard R-7PD for er Creek. t: LOCATION: South of Durham Road, east of Serena Way at Pick's Landing Subdivision (Wash. Co. Tax Map 2S1 14B, Tax Lot 100). PREVIOUS ACTION: Original application was made on January 3, 1980. The Planning Commission tabled the original application on March 18, 1980 to allow Staff and the Applicant to work out major difficulties. Applicant requested that Stage I be reviewed by the Planning Commission in a letter dated March 27, 1980. On April 15, 1980, the Planning Commission agreed to review Stage I - twenty-three (23) lot subdivision off Pick's Landing, Serena Way. on Pay 20, 1980, the Planning Commission approved the Preliminary Plan for Stage I with modifications to Staff Recommendations (Reference Minutes of May 20, 1980 Planning Commission Meeting). The Planning Commission approved Stage I and Stage II at a meeting on July 8, 1980. The City Council remanded the Zone Change Ordinance back to the Planning Commission on July 28, 1980 with a directive to reduce the number of lots to approximate R-7 zoning, eliminate the "private drives", ^y and address the "piAblic streets" issue. The applicant has reduced the number of units proposed in Stage II from 130 to 115. Stage I remains the same with fourteen (14) R-5 lots, and one area along Durham - Lot 116 on the latest plan - remains undeveloped. The Council did not express any concern relative to Stage I. However, the Ordinance was for Stage I and Stage II, therefore, neither Stage was approved. In this case, Stage I will be exactly as statedpreviously in the Staff Report dated July 8, 1980. Stage Ii will be changed to reflect a new submission. } STAFF REPORT AGENDA 5.4 /2CPD 1-80 TIGARD PLANNING CobtbtISSION September 2, 1980 Page 2 STAGE II (R-7PD) COPPER CREEK STAFF NARRATIVE Density calculations are as follows: Total Sites 39.38 acres Less Stage I ,. 2.70 acres Less Lot 116 2.50 acres Less sensitive lands 11.50 acres 22.68 acres Less public improvements of 22% 4.98 acres STAGE II BUILDABLE LAND 17.7 acres 17.7 x 43,560 square feet/7500 square feet == 103 Units, Stage II Lot 145 (later) = 15 2.5 x 43,560 square feet/5000 square feet 118 STAGE I 14 132 TOTAL UNITS The applicant is proposing to develop 115 lots with an average lot size of 6,679 square feet. Lot 116 will be developed at a later date and could support approximately 15 lots. 115 Stage II, 14 Stage I, 15 Lot 116 144 Total Units i i5 proposal is for twelve (12) lots over Staff's computat-igns at 7,500 square feet per lot for Stage II. Lot .116 could be developed later under an R-5 Zone designation. - The question is: Should the full 7,500 square feet minimum under R-7 be followed? I. FINDINGS OF FACT: 1. This portion of Copper Creek is designated on the Comprehensive Plan as R-7 and R--20. There is approximately 1.5 acres of floodplain included on the Tualatin River. AppV^_ant does not propose to develop in the R-20 area (5.47 acres) designated as open space. 2. The NPO #6 Plan denotes an area of open space between the floodplain and the 132 foot elevation. Applicant does not propose to develop in this area. r- t STAFF REPORT ,,. AGENDA 5.4/ZCPD 1-80 TIGARD PLANNING COMMISSION September 2, 1980 Page 3 3. Approximately five (5) acres of this property is drainageway. 4. Applicant has requested that lot 116 not be developed at this time (.2.5 acresj. 5. Density calculations would allow approximately 103 units to be built on buildable portions of site. Underlying Zone is R--7 with 7,5QO square feet per lot as a minimum. The majority of the lots presented in this prgposal are below the minimum allowed by Code. Under the Planned Development designation, an increase in density could be allowed. The Planning Commission has considered this increase in the past, if the developer dedicated land for public use. Applicant has agreed to dedicate 1.5 acres of floodplain. G. Al! public rights-of-way are shown as fifty (50°) feet dedicated with full-street improvements. II. CONCLUSIONARY FINDINGS: 1. Applicant is proposing a density above the R-7 Zone allowance. The Planning Commission must decide whether or not to allow this density under a Planned Development designation. 2. The drainageway clearing and improvement should be carefully reviewed with Applicant to ensure that the area is protected and maintained. 3. Deed restrictions need to be added to ensure non-remonstrance against the improvements to Durham Road in the future. 4. All open space and floodplain areas should be dedicated to the City tq continue the park area along the Tualatin River. 5. Future development of Lot 116 should be subject to Planning Commission approval. Access to this parcel should not be to Durham Road. 6. A bus shelter and pull-off lane should be provided along Durham Road to make use of public transportation to serve the future needs of prospective residents. III. STAFF RECOMMENDATION: Staff recommends approval of the Preliminary Plan for Stage Zl with the following conditions: 1. Planning Commission to dictate specific density for Stage II. Lot 126 to be presented befcre the Planning Commission at a later date. STAFF REPORT AGENDA 5.4/ZCPD 1-80 TIGARD PLANNING =01ISSION September 2, 1980 Page 4 3. Temporary access to Durham Road shall be granted for a period not to exceed two (2) years from the date of approval of this Zone Change. An application for extension of this time may be made only if access through Kneeland Estates, a new Subdivision to the east, is not available. Provide plans for restoration of temporary access, the cost of which is to be included in the public improvements' bond. 4. Specific plans shall be submitted to the Public Works Director for all work proposed in the drainageway. Plans shall be approved by the Public Works Director prior to commencement of any work on the site S. Deed restrictions shall be made a part of the Declaration of Conditions and Restrictions clearly stating that each property owner shall agree not: to remonstrate against the future improvements to Durham Road_ This statement shall be included on each deed, and if it is not, Tualatin Development Company, Inc., the Applicant, hereby agrees to sign a Non-Remonstrance Agreement for the improvement of Durham Road for the entire parcel being considered as Stage I and Stage II Copper Creek. The Declaration of Conditions and Restrictions, Purpose of Assessments, '` shall include language to provide for drainage and erosion control. 6. All lands south of River Wood Dane except plotted lots, south to the Tualatin River, shall be dedicated to the City of Tigard for open space/ park purposes. A metes and bounds legal description for this land shall be made a part of this dedication. Dedication shall be made prior to the issuance of Building Permits for any unit constructed in Stage II. 7. A bus shelter and turn-out lane shall be designed for Durham Road abutting this property. Pians shall be approved by the Public Works Director and Tri-Met prior to the issuance of Building Permits. Bonding shall be provided. 8. Applicant shall apply for permission to operate model houses in conjunction with this development. All signs within this development shall be approved by the Planning Department prior to installation. 9. 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. 10r 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. Y STAFF REPORT AGENDA 5.4/ZCPD 1-80 TIGARD PLANNING COAMISSION September 2, 1980 Page 5 11. 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. 12. Grading plans and construction plans on all work shall be submitted and approved by the Public Works Director prior to commencement of work. Street improvements be constructed to the approval of the Public Works Director prior to the recording of the final plat or issuance of Building Permits. 13. Public water service and sanitary service shall be installed to this site prior to the issuance of Bi3ildi ng c.-.-. tits,. 14. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. 15. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval.. 16. That a bike path shall be constructed connecting Pick's Landing with Cook Parka f Aoward P1 ing Director