Ordinance No. 80-80 f
CITY OF TIGARD, OREGON
ORDINANCE NO. 80-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT
TO THE 1970 ZONING MAS' OF' THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
COPPER CREEK - STAGE II
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
R-7PD "Single Family Residential Planned Development District, Applicant
Tualatin Development Co., Inc.
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
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
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 adopt!; the following substantive findings:
A. That this application is in conformance with the R-7PD "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 surrclanding 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
"B", and "C" attached and made apart of this Ordinance. The zoning
designation of the subject property is hereby changed to City of Tigard
R-7PD "Single Family Residential Planned Development District.
Exhibit "A": Legal Description, Exhibit "B": - Tax Map, Exhibit 0C": _
Staff Report
And Further subject to the following conditions:
1. Planning Commission to dictate specific density for Stage II.
' 2. Lot 116 to be presented before the Planning Commission at a later
date.
ORDINANCE NO. 80•-
ZCPD 11:8D
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.
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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.
5. 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 Lane except platted 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. Plans 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 conjuction
with this development. All signs within this development shall be
approved by the Planning Department prior to installation.
9. No Occupancy Permitsshall be issued until all conditons placed upon
this development by the City of Tigard have been satisfied and inpections
verifying this have been carried out by the appropriate department.
10. 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.
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 commncement 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.
ORDINANCE PCO. 80-$47
ZCPD 1-8p
Page 2
13. Public water service and sanitary service shall be installed to this site
prior to the issuance of building permits.
14. All existing or proposed utilities shall be placed underground. Street
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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 Park.
17. That minimum front yard setback shall be 24 feet from curb to front of garage
for all appropriate units in Stage Two.
SECTION 3: This ordinance shall be filed with the recording office of
Washington County. This ordinance is not effective until so
filed according to ORS 92.048 (4).
SECTION 4: This ordinance shall be effective immediately after its passage by
the Council and approval of the Mayor.
PASSED: By unanimous vote of all Council members present, this
22nd day of Member, 1980, after being read two times by number
and title only.
ecorder — City of and
APPROVED: By the Mayor this �2�2 h� dly of ���,���..��� 1980.
r yort of Tigard
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ORDINANCE No. 80—gra
ZCPD 1-80
Page 3
SCHEDULE A
Amount $100,000.00 Date September 9, 1976 At 8:00 A.:ii.
Premium $333.00
INSURED
-----TUALATIN DEVELOPMENT CO. , INC.-- --- I
The estate or interest referred to herein is,at the date hereof,vested in -----REED L. HOL,•4AN, who I!
took title as RREID L. HOLMAN, as to an undivided 1/6 interst; VERNA CARD HOL-'KIN,
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,
with full power of sale, under that inter vivos trust, as shown by deed recorded
in Book 1107, page 81., Records of Washington County, Oregon, as to an undivided
1/12 interest; WILLIAM C. HOLMAN, Trustee, with full Power of Sale, under that
Dinteashr vivos trust as shown by deed recorded in gook 1107, age 79 Records of
ONALDgton County, Oregon, a's to an undivided 1 '12 interes ; HATHE L. HOLMAN,
DONALD REID HOLMAN, AND WILLIAM C. HOLDiAN co--trustees with full Power of Sale,
y� der that testamentary trust created b 1S0NALD R. HOLMAN deceased, Probate
#n$02 031,, Multnomah County, Oregon, aso an undivided 1/6 interest, together as
The land referred to in this policy is described as tenants in common------
Commencing
------Commencing at the quarter section post on the Section line between
Sections 11 and 14, Township 2 South, Range l 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 Hest on said South line of claim 26-2/3 .rods; ..:
0eqce_.Norbh 1.212 .rods to section line; thence East '26-2/3 rods along
North line of said Section 14 -to place of beginning, EXCEPTING €
THERErROc161 a strip of land 16 feet wide off of the :North end of the €
,above described tract which is reserved for road rsurposes.---------__�_..-_�_____
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
September 2, 1980 - 7:30 p.m.
Fowler Junior Aigh - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 1-80 (Copper Creek) NPO #6
APPLICANT: TUALATIN DEVELOPMENT CO. , INC. OWNER: SAME
15300 SW 116th Avenue
Tigard, Oregon 97223
REQUEST: For a Zone Map Amen3m nt from Washington County RS-1 to City
of Tigard R-SPD "Sin 1 Family Residential Planned Development
District" for Stage Cc r Creek - General Plan Review.
AND
For a Zone Map Amendment from Washington County RS-1 to City
of Tigard R-7PD for Stagy ge II�er Creek.
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:
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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 May 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",
and address the "public 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 stated previously in the Staff
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Report dated July 8, 1980.
Stage II will be changed to reflect a new submission.
STAFF REPORT
AGENDA 5.4 /ZCPD 1-80
TIGARD PLANNING C0MISSION
4
September 2, 1980
Page 2
STAGE II (R-7pD) COPPER CREEK
STAFF NARRATIVE
Density calculations are as follows:
39.38 acres
Total Site Area 2.70 acres
Less Stage I 2.5Q acres
Less Lot 116 11.50 acres
Less sensitive lands 22.68 acres [
4.98 acres
Less public improvements of 22% Z7.7 acres
STAGE 11 BUILDABLE LAND
17.7 x 43,550 square. feet/7500 square feet
= 103 Units, Stage
= 15
Lot 145 (later) 118
2.5 x 43,560 square feet/5000 square feet
14
STAGE I 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.
144 Total Units
115 Stage II, 14 Stage I, 15 Lot 116 _
,500
This proposal is for twelve (.12) lots over Staff's camputatid 1eters at7under
square feet per lot ::or Stage II-
an R-5 ?,one designation.
Should the full 7,500 square feet minimum under R-7 e
The question is:
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followed? -_ s
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I. FINDINGS OF FACT: .
1. This portion of Copper Creek is designated on the Comprehensive Flava
as R-7 and R-20. There is approximately 1.5 acres of floodplain included t
on the Tualatin River. Applicant does not propose to develop in the
R-20 area (5.47 acres) designated as open space.
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#6 Plan denotes an area of open
2. spacebethe floodplain and,
The NPO area.
the 132 foot elevation. Applicant does not p raptween ose to develop
STAFF REPORT l
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 acres).
S. Density calculations would allow approximately 103 units to be built on
buildable portions of site. Underlying Zone is R-7 with 7,500 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.
6. All public rights-of-way are shown as fifty (50') feet dedicated with
full-street improvements.
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SS. 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. s
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4. All open space and floodplain areas should be dedicated to the City to
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.
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III. STAFF RECOMMNDATION: f
Staff recommends approval of the Preliminary Plan for Stage II with the
following conditions:
I. Planning Commission to dictate specific density for Stage Ii.
2. Lot 116 to be presented before the Planning Commission at a .later elate. F
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MF
STAFF REPORT
AGENDA 5,4/ZCPD 1-80
TIGARD PLANNING COMMISSION
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 statirg 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 Woad Lane except platted 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
3
the issuance of Building Permits for any unit constructed in Stage II.
7. A bus shelter and tum-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.
10. No minor land partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planni
STAFF REPORT
AGENDA 5.4/ZCPD 1-80
TIGARD PLANNING COM4ISSION
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 Building Permits.
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 Park.
*ingAPctor
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