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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 F r f 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. r. �k , P.1 EXHIBIT. 1QCn ,gk k— . `R 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" ,. t P 2 EXHIBIT "C" a F