Ordinance No. 73-17 CITY OF TIGARD, OREGON
ORDINANCE No. 73 - _.a
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFICATION OF
LANDS FROM COMMONWEALTH PROPERTIES INC., AND AUTHORIZING CHANGE FROM
S-R, Suburban Residential to P-D, Planned Development IN THE CITY
OF TIGARD, COUNTY OF WASHINGTON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classificed for S-R,
Suburban Residential uses pursuant to zoning ordinances of
Washington County.
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 recommending approval are on file with the City
Recorder, a copy whereof is hereto attached and by reference made a
part hereof.
Section 3: The Council finds that after due and legal notice, a
public hearing was held before an impartial council
on June 11, 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 by a preponderance of the
evidence as presented at said hearing that the change
of use classification of the followina described lands from S-R,
Suburban Residential to P-D, Planned Development
.(a) Is consistent with the Comprehensive Plan adopted
by the City by Ordinance No. 73-6 for the reason
that the evidence shows that basic low denisty
residential purpose as contemplated by the Comprehensive
Plan will be complied with in the proposed development;
(b) Is in the public interest as shown by the evidence in that
there is a public need for the various residential
facilities proposed to be constructed to accommodate
a present demand for housing in the immediate area;
(c) That the public need is best served by the variety of
residential facilities proposed particularly considering
the preservation of open space areas, pathways and other
ureas to be set aside for public use which would not
become available under other than P-D, Planned Development
concept;
(d) That other presently available unrestricted areas designated
for this particular type of development are insufficient
to meet the need and the evidence shows that the introduction
of the Planned Development use in this particular area
does not impose burdens upon the adjoining properties
disproportionate to the benefits to be conferred upon the
public by the public areas and open spaces'thus to be made
available under the conditions imposed upon the applicant
as hereinafter set forth.
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Section 5: That in accordance with the foregoing, the proposed
change in zone: classification be and the same is hereby
authorized with respect to the lands described on Exhibit "A" and
by reference made a part hereof, subject to compliance with the fol-
lowing conditions:
Exhibit "B", a copy whereof is hereto attached and by
this reference mare a part hereof to the same legal
force and effect as if set forth herein in full.
Section 6: This ordinance shall become effective on the 31st day
after its enactment by the Council and approval by
the Mayor.
PASSED: By majority vote of all council members present after
being read three times by number and title only.
This 9th day of July 1973.
j CK -,
Recorder - i y of ' igard
APPROVED: By the Mayor, this 9th day of July 1973.
Ml?dr - City of Tigard
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EXHIBIT "A"
Beginning at an 14" iron bar at the center of Section 34,
Township 1 South, Range 1 West, Willamette Meridian and running
thence North 890 55' ;fest, 640.38 feet to the southeast corner
of the Tigard Evangelical church tract; thence North 00 00' 31"
West, 4uA.29 feet to the northeast corner of said tract; thence,
North 890 5F' Went, 453.48 feet to the northwest corner of said
tract; thance, h,)rth 00 00' 31" West, 905.39 feet on the east
right-of-way line of S.W. 121st Avenue of Scholls Ferry Road;
the nce 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 of 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,
197,:50 feet to its intersection with the centerline of Fanno creek;
thence following the centerline of said Creek South 240 22' 26"
East, 29.72 feet to an angle point in said Creek; thence continuing
on said centerline North 770 37' OH" Fast, 175.97 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"
-Ait. _'85..72 feet to an angle point in said Creek; thence, continuing
on said centerline South 720 40' 11" East, 2,16.36 feet to an angle
poi:.t in said Creek; thence South 60c 57' 12" East, 454.31 feet
to a 5i$ inchiron rod being the northeasterly corner of this
--rop.�rty being iescribed; thence, due South 752.51 feet to a point;
the ice, South 51' 1)0" West, 934.25 feet to a wagon spindle
at the southwest corner of the first parcel described in Book
3t;9 a-� Page 207, said Deed Records; thence South 00 15' 25
east, 1021.1f,' 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 690 57' JE3" tdest, '327.26 feet to
t.h:: point of beginning; excepting therefrom, however, all those
portions lying in streets, roads, or highways, and containing
101.51 acres, more or less.
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Description - 'Commonwealth
EXFJ$IT "A"
EXHIBIT "B"
1. 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 payable to the City,
cash, certified check or such other assurance of completion
approved by the City Attorney.
a) Thot.the greenways, as depicted on the master plan concept
as filed with the City after completion of the improvements
as required by the City, shall be conveyed to the City for
public park purposes.
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 owner(s) tall execute a recordable
covenant in accordance herewiti..
3. That site development plans and the architectural design of
the multi-family dwellings shall be subject to approval of
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 Ferry Road to help provide privacy for dwellings
adjoining said streets. 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 line or common wall homes
may be approved by the Planning Commission.
6. That 5 feet be dedicated to the City along 121st Avenue and
10 feet along Scholls Ferry Road: to provide adequate right-
of-way width for future improvements.
7. The general Development Plan and Program shall revert to
concept "B" (as submitted by the applicant) in the area bounded
by S.W. Englewood Road on the north and S.W. 115th
on the east and the Tigard Evangelical Church on the west if
the proposed school site in this site is not desired by the
Beaverton School District.
S. That the applicant shall dedicate to the City of Tigard, a
2.5 acre park site at the southwest corner of the intersection
of S.W. Englewood Road and S.W. 115th.
9. That deciduous_shade trees be planted in the traffic island
planned in the center of Englewood Road between S.W. Scholls
Ferry Road and the southern terminus of S.W. Dellwood Loop
at S.W. Englewood Road.
Commonwealth
10. That, in order to promotemaximum public safety for pedestrian
and bicyclists, the applicant shall provide a minimum three
foot _:. landscaped separation between the proposed traffic
way and sidewalks in the proposed S.W. Englewood Road right-of-
way. Additionally the applicant shall provide a minimum six
foot wide meandering landscaped pedestrian/bikeway along, and
separated from, the paved portion of S.W. Scholls Ferry Road.
This facility and its landscaping shall be coordinated with the
landscaped berm recommended by the Planning Commission. Plans
for the berms, landscaping and pedestrian/bikeway shall be
approved by the Planning Department and implemented prior to
occupancy of any adjacent apartment dwelling units.
All sidewalks and pedestrian/bikeways within the project shall
have a smooth transition with streets constructed within the
project. This is in order to facilitate the movement of
bicycles and wheelchairs throughout the proposed development.
11. That the areas designated for apartment development be limited
to a density of 11 units per gross acre.
12, That the portion of the P-D south of S.W. Englewood Road shall
not be subdivided until such time as S.W. 115th is brought
up to existing City standards.
13. That S.W. :15th be barricaded during construction of the
proposed development in order to avoid increasing traffic on
an inadequate street.
14. The developer to provide adequate right-of-way to accomplish
left turn traffic movements at the intersections of S.W. Scholls
Perry Road and S.W. Englewood Drive and at S.W. Englewood Drive
and S.W. 121st Avenue, Right-of-way width shall meet State
Highway Department standards.
Exhibit "PIC Page 2 Commonwealth
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