Ordinance No. 76-43 CITY OF TIGARD, OREGON
ORDINANCE NO. 76-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE
1970 ZONING MAP OF THE CITY OF TIGARD AS AMENDED, SAID AMENDMENT
BEING REQUESTED BY KENNETH BUNN TO AMEND THE ZONING MAP FROM THE
PRESENT R-7 SINGLE FAMILY RESIDENTIAL ZONE, TO A-2, MULTI-FAMILY
RESIDENTIAL ZONE, AND AUTHORIZING THE USE OF SAID LANDS AS A
PLANNED DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 18.56, TIGARD
MUNICIPAL CODE, WITH RESPECT TO ALL THOSE LANDS DESCRIBED ON THE
ATTACHED EXHIBIT "A", GRANTING APPLICANT AND FIXING AN EFFECTIVE
DATE..
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The City of Tigard ordaines as follows:
Section 1: The Council finds that lands described and stipulated
on Exhibit "A", and hereafter called the "subject pro-
perty", have heretofore been and are now classified R-7, Single
Family Residential, pursuant to the zoning ordinances of the City
of Tigard.
Section 2: Council further finds that pursuant to procedures, an
application for amendment of the zoning map by designating
the subject property a residential planned development district and
for consideration of the general plan and program was the subject yyA _
of a public hearing by the Planning Commission on August 17, 1976.
The Commission has heretofore filed its report with the City Recorder,
and a copy of that report is attached to this ordinance and by
reference made a part hereof. The Planning Commission report
x
recommends approval of the application
Section 3: The Council further finds that, after clue and legal
notice, public hearing was held on September 13, 1976,'
by an impartial Council, and that at said hearing applicant and all
interestedpartieswere afforded an opportunity to be heard and to
present and abut evidence with respect to said application .
` Section 4: Based on the evidence both oral and documentary and the
record of said hearing, the City Council makes the
following findings: °
A. That the comprehensive plan entitled "Tigard Community
Plan" as amended, includes the subject property as part Y
of a larger area designated for "residential commercial" __
and the granting of the applicant 's request complies with
than plan. p
B. That the proposed amendment to the zoning neap is
consistent with the public need shown by the applicant
for aproposed, residential development. '
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C. That the proposed development, subject to the
conditions hereinafter set for
will not unduly
burden the adjacent neighborhood, nor will it have }
an undesirable impact upon the community ,
D. That public services, including water, sewer,
storm drainage, electrical and gas utilities are
the site and are sufficient,
readily available to
providing certain conditions hereinafter set forth
are satisfied.
E. That necessary and legal public access and egress }
is to be provided by the applicant pursuant 'Co the
general development plan and program attached hereto
and made a part hereof by reference.
F. That the proposal of the applicant, with the
respect to the dedication of public lands and
landhts- 3
of-way, construction of public improvements, f
er improvements and ammenties
scaping and those oth
identified in or shown by the general plan and pro-
gram, attached hereto and made a part hereof, and those
further requirements and conditions as recommended by
the Planning Commission all hereinafter set forth,
will enhance acceptability of this proposed residential
development . F
G. That the applicant is "owner" of the subject pro-
perty by virtue of an agreement in the nature of an k
option between the applicant, Ken Bunn, and Jack Armand. ;
therefore pursuant to the require- z
Section 5; The City of Tigard, , i
znents of Chapter 18.88 and 18.56 of the Tigard Municipal
Code, hereby approves the applicant's request for an amendment to
the Tigard zoning map of 1970 as amended, subject to all applicable
requirements of Chapter 17 and 18 of the Tigard Municipal Code and
further subject to the requirements, conditions andbany
ns,restrictions
that may be embodied in this ordinance and i e
hereto
attached and made a part hereof and identified as follows:
Exhibit "A" Property Description
W
„ „ General Site Plan
Exhib t
Exhibit "C” General Development Program
and subject ,to the following requirements and conditions of approval:
1, That S.W. 109th Avenue be improved to City ct:indards
of 34' pavement width on a 50' right-of-way from its
existing end point through the intersection with the
' southerly loop drive entirely on the applicant's property
and a 25' right-of-way be provided along the rest of the
4 parcel's west property line. The transition from the 50
foot right-of-way ,seeti.on to the 25 foot right-of-way �
section will occur on the applicant's praperty, thereby
necessitating the dedication of a triangular shaped parcel
(B on map) .
a
1 2. The areas along the loop drive not shown for parking
spaces be signed to prohibit parking along that street .
3. A 15' wide easement for public sewers be established.
~ 4. All sidewalk and trails terminate in wheelchair ramps.
5. Street lights to P.G.E. standards for Engineering
Department approval.
6. The trail shown in the northern half of the develop-
ment be 5 ' asphalt paths and the trail on the southern
portion be left natural with minimal improvements of
crushed gravel of three to four inches of compacted bark.
7. A minimal of six picnic tables be established within
the forested area; design and location subject to approval
by Planning Director.
8. Additional right-of-way to be acquired on southerly
point of proposed improvement of 109th, in order to allow
transition of road to connect with presently dedicated
part of 109th to the south.
Section 6: The applicant shall, pursuant to Section 18.56.060, Tigard
Municipal Code, within one year of t;he effective date of
this ordinance file a final plan and program with the City.
Section 7: If substantial construction or development has not taken
place within one year of the effective date of this
ordinance this ordinance shall be void.
Section 8: This ordinance shall be effective on and after the 31st
day after its passage 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
9day of / I AoL , 197-4- .
Recorder - City of gard
APPROVED: By the Mayor, this a day of /V0Jey✓lei- 197
Mayor City of Tigard
ORDINANCE NO. 76-
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LXHIRI.T A
A tract of land situate in Section 10, Township 2 South, Range 1
West of the Willamette Meridian, Washington County, Oregon, described
as follows:
Beginning at the East quarter corner of said Section 10; thence North
890 58' 15" West along the South line of LANG HILL No, 2, 330.00 feet
to the true point of beginning; thence North 00 51 ' 50" East along
the west line of said LANG HILL NO. 2, 479.14 feet ; thence South 890
40' 00" West 661 .00 feet, more or less, to a point on the west line
of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township
2 South, Range 1 West, Willamette Meridian, thence South along said
west line 476.00 feet, more or less, to the South line of said South- z
east 1/4 of the Northeast 1/4 of Section 10; aforesaid Township and F
Range; thence East along said South line 662.00 feet, more or less,
to the point of beginning.
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Excepting therefrom the following described tract of land, i
Situate in the northeast quarter of Section 10, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon, described
as follows
" . Beginning at the intersection of the 'west line of SW 109th Ave with
the south line of the Kenneth Bunn tract as described in Book 900 on
Page;927, Deed Records of said county, said point of beginning is
North 890 58' 15" West 300 feet, North 00 51 ' 50" East 479.14 feet
and South 890 40' West 559.22 feet from the East quarter corner of
said section 10 and running thence South 00 51 ' 50" West on the
southerly extension of said west line of SW 109th Ave 4.97 feet to
k ' its intersection with x.' 32 foot radius curve to the right; thence
on said curve trttragh a central angle of 200 22' 30" (chord bears
South 490 40 ' { " West 11 ,32 feet) a distance of 11 .38 feet to the
end thereof, the ..-e 8�.»`.,« 590 51 ' 50" West 69.52 feet to the beginning i
of a 68 foot _u u curve to the left; thence on said curve through €
a central angle of 590 (chord bears South 300 21 ' 50" West 66.97
feet) a distance 70.02 feet, more or less, to its tangent intersec-
tion with the west line of that tract of land conveyed to John D. `
Annand et al, recorded June 22, 1967 in Book 647, page 163, Washing-
ton County Oregon Deed Records, thence North 00 51 ' 50" East on said
x west line 104.41 feet, more or less to the westerly extension of
the southerly line of aforementioned Kenneth Bunn tract; thence
North 890 40' East on said extension 101.11 feet more or less, to 6'
*4 " the point of beginning,
k; Ordinance No. 76-43 t
74-Al-5 �
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THE UIMLOM -KIMAXIM11111110151111 PARTNURSHUM
ARCHITECTS m PLANNEFIG A. 1. A.
4845 MW 8CHOLL8 PERRY ROAD
PORTLAND , OREGON 87226
PHONEN 803 imam - ones
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RFEMVED
September 9, 1976
CITY of, TIGAR1_ s
City of Tigard [r b
P.O. Box 23557
Tigard, Oregon 97223
File No. AC-75 (Ken Bunn)
Gentlemen:
It is our understanding that the 76 unit multi-family residential planned
development at Centebury Heights has been approved by the Tigard Planning I
Commission and now will go to the City Council for general plan and program
review.
The items which were made a part of the approval have now been included
on the existing plans. They are as follows:
1. The engineering department has given their approval to connect to the
sanitary sewer on 106th Street. We have obtained approval from the
Condominium Homeowner's association adjacent to the site to provide a
15' easement through their site for the sanitary sewer location. Storm I
sewer will extend to the southerly portion of 109th where the outfall will
be dispersed into Washington Counties' storm collection ditch.
2, S. W. 109th is shown to -be improved to the loop drive entirely on �-
this property. A 25' right-of-way extends along the entire remainder of
the westerly property.
3.& 4. The street plug along the west side of 109th will be developed
and the existing street plug on 109th will be removed when construction is
underway.
5. Parking signs to prohibit parking will be included along roadways prior
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to_'occupancy.
6. Public sewer easement will be noted once plans are submitted for design e
review,
7. The applicant will comply with items 7, 8, 9, 10, 12 & 13. Clarification L
of those items will be submitted along with plans during the Design Review
process.
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City of Tigard
` September 9, 1976
_ Page 2 1
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11. Application to rectify the partitioning problems are now underway.
If any other items are as yet unresolved, please let us know and we will
attempt to clarify them before the City Council meeting on September 13th.
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Yours very truly,
THE YAN LOM/KRAXBERGER PARTNERSHIP A.I.A.
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Jose han Lom, A.I.A. Architect
JVL i vl
1 -CEiVED
CITY OF TIGAR0
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