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Ordinance No. 73-12 CITY OF TIGARD, OREGON ORDINANCE No.73-j AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFI- CATION OF LANDS OF COMMONWEALTH PROPERTIES INC., AND DENYING CHANGE FROM S-R, Suburban Residential, to P-D, anned Development, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON. THE CITY OF TIGARD ORDAINS AS T+'OLLOWS: Section 1: The Council finds that the lands hereinafter described have heretofore been and are now classified for S-R, Suburban Residential uses pursuant to zoning ordinances of the City of Tigard. Section 2: The Council further finds that pursuant to prescribed procedures application for reclassification of said lands has been filed to enable the use thereof for P-D, Planned Development; that a public hearing was held by the Planning Commission on March 20, 1973 after due and legal notice, and the findings of the Commission file with the City Recorder, a copy recommending approval are on whereof is hereto attached and by reference made apart hereof. Section 3: The Council finds that after due and legal notice, a pub- lic hearing was held before an impartial council on April 23, 1973, and all parties at interest were afforded an opportunity to be heard and to present and rebut evidence. Section 4 The Council hereby finds that the evidence presented at said hearing does not preponderate in favor of petitioner and does not provide a proper basis for a change in use classification from S-R, Suburban Residential, to P-D, Planned Development. Section 5: That in accordance with the foregoing, the proposed change in zone classification of the following described :9•nds, be, and the same is hereby, denied, without prejudice to the peti- t ioner's right to request a rehearing before the Council: The description as set forth on the attached EXHIBIT "A" is by reference made a part hereof. Section 6: This ordinance shall become effective on the 31st day after its enactment by the Council and approval by the Mayor, PASSED: By unanimous vote of all Council members present after being read three times by number and title only, this 23rd day of April, 1973 Recorder City of Bard APPROVED: By the.,4ayor, this 23rd 'of April, 973,,—.� m, a4yo ORDINANCE No.73-J2_ EXHIBIT "A" Beginning at an ly" iron bar at the center of Section 34, Township 1 South, Range 1 West, Willamette Meridian and running thence North 890 55' West, 840.,38 feet to the southeast corner of the Tigard Evangelical Church tract; thence North 00 00' 31" West, 480.29 feet to the northeast corner of said tract; thence, North 890 55' West, 453.48 feet to the northwest corner of said tract; thence, North 00 00' 31" West, 905.39 feet on the east right-of-way line of S.W. 121st Avenue of Scholls Ferry Road; thence North 720 23' 00" East, 1114.95 feet to the northwest corner of the Chester Robinson three-acre tract; thence, South 170 37' East, 332.19 feet to the southwest corner of said tract; thence due East, 287.12 feet to the southeast corner of said tract; thence due North, 439.70 feet to the centerline :f Scholls Ferry Road at the northeast corner of said tract;thence following said centerline North 720 23' East, 260,77 feet to a marked stone; thence, continuing on said centerline North 590 41' East, 497.40 feet to its intersection with the centerline of Fanno Creek; thence following the centerline of said Creek South 240 22' 26" j East, 29.72 feet to an angle point in said Creek; thence continuing I on said centerline North 770 37' 08" East, 178,97 feet to an angle point in said Creek; thence continuing on said centerline South 460 58' 50" East, 161.56 feet to an angle point in said Creek; thence, continuing on said, centerline South 840 20' 18" East, 65.72 feet to an angle point in said Creek; thence, continuing on said centerline South 720 40' 11" East, 246,35 feet to an angle point in said Creek; thence South 600 57' 12" East, 454.31 feet to a 5/8 inch iron rod being the northeasterly corner of this property being described; thence, due South 752.51 feet to a point; thence, South 890 51' 50" West, 934.25 feet to a wagon spindle at they southwest corner of the first parcel described in Book 389 at Page 207, said Deed Records; thence South 00 15' 25" " East, 1021.16 feet to a one inch square iron bar at the southeast corner of the second parcel described in Book 369 at Page 207, said Deed Records; thence, South 890 57' 08" West, 927.26 feet to the point of beginning; excepting therefrom, however, all those portions lying in streets, roads, or highways, and containing 101.51 acres, more or less, '3} PLANNING COMMISSION FINDINGS: Commonwealth 1. That the proposed development conforms to the goals and objectives of the Tigard Community Plan. 2. That exceptions from the standards of the underlying district are warranted by the design and amenities incorp,)r--ed in the development plan, such as the common greenway and path system, and neighborhood park. The greenway will become part of a planned community wide system which will provide a benefit to the surrounding community. 3. That the proposed development is in harmony with the surrounding area and its planned future use. 4. That submitted program satisfies the zoning requirement of providing a means of preserving and maintaining the open space by stating that "all common open space will be dedicated to and maintained by a public agency acceptable to the City". While the program provides for maintenance of the open space, it does not specify the means of developing it, as required by the Zoning Ordinance. 5. The program states that the first phase of the development will begin immediately upon plan approval. It is therefore anticipated that a substantial unit of the project will be completed within one year's time, a Zoning Ordinance Requirement. PLANNING COMMISSION RECOMMENDATIONS: Commonwealth That a program for development of the open space be submitted. This program could phase open space development with the construction phases of the project. As each phase is completed, the open space to be developed as part of that phase should be developed prior to issuance of occupancy permits, unless security equal to the cost of the improvements, as determined by the Planning Director is filed with the City assuring such installation within six months after occupancy. "Security" may consist of a faithful performance bond pa7able to the City, cash, certified check or such other assurance of completion approved by the City Attorney. 2. That the property owner (s) will support the formation of a local improvement district now or in the future to bring S.W. 121st Avenue up to City collector street standards, and that the present property owners (s) execute a recordable covenant in accordance herewith. 3. That site development plans and the architectural design of the multi-family dwellings shall be approved by the Planning Commission prior to issuance of building permits, to insure compatibility with the single family neighborhood, 4. That a landscaped earth berm be installed along 121st Avenue and Scholls Perry Road to help provide privacy for dwellings adjoining said street. Plans for the berms and landscaping shall be approved by the Planning Department and implemented prior to occupancy of affected dwellings. 5. That single family lots shall conform to City R-7 standards, with the exception that zero lot liue or common wall homas may be Page 2 ( .. PLANNING COMMISSION RECOMMENDATIONS: Commonwealth 5. (Cont, ) approved by the Planning Commission. 6. That 5 feet be dedicated to the City along 121st Avenue and 10 feet along Scholls Perry Road, to provide adequate right-of-way width for future improvements. ¢ t e ?r gg r