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Ordinance No. 81-84 i CITY OF TIGARD, OREGON ORDINANCE NO. 81-_Fy_ AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE PLAN REVISION TO THE 1978 NPO # 6 PLAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIXING AND EFFECTIVE DATE. (Alpha Engineering) PLANNING DEPARTMENT REFERENCE INFORMATION Tax Map 2S1 14A, - Tax Lot 900, - Project Adress 92nd Avenue - File Number CPR 12-81, - Present zoning designation RU 4 - Zone changed to A-i2 - Applicant Alpha Engineering THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1: Finding that the lands hereinafter described are now classified RU 4, and further findings that pursuant to procedures, the abovestated application for a Comprehensive Plan Revision was presented at a public hearing held by the Tigard Planning Commission on September 8, 1981. All interested persons were afforded an opportunity to be heard at this public hearing. Therefore, the Council adopts the following substantive finding: A. That the proposed zoning complies with policies 3, 4 , and 5 of the NPO # 6 Plan 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 a Comprehensive Plan Revision of the NPO # 6 Plan Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.24 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B" and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to A-12. Exhibit "A" Legal Description Exhibit "B" Tax Map Exhibit "C" Staff Report And further subject to the following conditions: 1. A subdivision plat shall be filed with the City in conformance with Tigard Muncipal Code Chapter 17. - Land Partitioning Ordinance. 2. A detailed site drainage plan related to the pond to the North shall be submitted to/approved by the Public Works Director prior to the issuance of any Building Permits. 3. No development shall take place within the 100 year floodplain of the Tualatin River. 4/24/78 Ordinance # 78-27 ORDINANCE NO. 81- � CPR 12-81 4. All land within the 100 year floodplain shall be dedicated to the City. 5. The Public Works Director shall review with the developer a method of erosion control on the Northern slope to 93rd Avenue cul-de-sac. 6. A concerted effort shall be made to retain the large trees on this site. 7. Half-street improvements shall be made to S.W. 92nd Avenue. 8. A "Street Plug" shall be installed on the Western terminus of S.W. Riverwood Lane. 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 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. 11. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to therecording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 12. All proposed utilities shall be placed underground_ Street lighting installations shall be approved by the Public Works Department. k 13. A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyor 14. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 15. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. ORDINANCE No. 81- CPR 12-81 R,7 page 2 SECTION 3: lnsasmuch as it is necessary to the peace, health, and safety of the public that the foregoing zone change in the City's records become effective, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By f_,�n �� � vote of all Council members present this ITh day of , l�.,l�. '�r , 1981, after being read two times by number and title only. ' n d7c'r�Ltrt R order - City of Tigard APPROVED: By the Mayor this TI,day of _'�. �.r� r 1981. Mayor - City of Tigard 7 ORDINANCE NO. 81- , CPR 12-81 Page 3 - F EXHIBIT " A Beginning at the Southwest corner of the East one-half of the Solomon Richardson Donation Land Claim number 44, in Section 14, Townshig 2 South, Range 1 N.W.M. , Washington County, Oregon; thence North 0 21.' West along the division line of said donation land claim 495.0 feet to the Northwest corner of the tract conveyed to G.L. Shaver, as recorded in Deed Book 35, Page 252; thence South 890 54' East along the North line of said Shaver tract and parallel with the South line of said Donation Land Claim, 602.82 feet to an iron rod which bears South 00 01' West from an iron pipe at the Northwest corner of the tract conveyed to C.L. Shaver, as recorded in Deed Book 53, Page 195; thence North 0001' East along the West line of the last above described Shaver Tract, 22.5 Feet to an iron rod; thence South 890 54' East 284164 feet to an iron rod on the West line of the tract conveyed to Tigard Union High School 2 Jt. , as recorded in Deed Book 341, Page 413; thence South 00-01' West along said West line 517.5 feet to an iron rod at the Southwest corner therof; thence North 890 54 ' West along the monumented South line of said donation land claim, 884.3 feet to the place of beginning. EXCEPT: The following described tract of land being situated in the Northeast quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. Beginning at a point on the North line of the tract conveyed to C.L. Shaver as recorded in Deed Book 35, Page 252, said point being located South 890 54' 00" East 455.97 feet from the Northwest corner of said Shaver tract; thence continuing along said North Line South 890 54' 00"East 145.00 feet to the Southwest corner of that tract conveyed to C.L. Shaver in Deed Book 53, page 195; thence, North 000 01' 00" East 22.50 feet to the Northwest corner as described in Deed Book 53, Page 195; thence, along the North line of last said Deed South 890 54' 00" East 224.84 feet to the West right of way line of Southwest 22nd C.R. No. 2076; thence, along said West right of way line South 02u 56' 08" West 93.05 feet to a 3/4 inch iron pipe radially opposite and 35.00 feet from Center bine Station 15 + 50 P.O.C. ; thence, along the West Right of way South 24 00'35" West 119.19 Feet to a point; thence, leaving the right of way North 860 43' 21" West 74.74 feet; thence North 810 50' 25" West 151.17 feet= thence, north 370 04' 18" West 93.79 feet; thence, North 240 15' 59 West 87.07 feet to the point of beginning. ti 2S 114AB , o 3 -Q M to WILL of -- iV ' x V% ` 301 rl ;c 3 n a + i 224,64 n CO2 ; 125 _ . ____ - a5>.?: - _ 225 14+84.0 904 R /.3/Ac. 3S{e5 I B.6B Ac. Y C�7 i 481 c SEE MAP 74. *s 2S 1 14 B ; • m � o a r C,S,10410 �3 b �. QC SOUTH LINE S kARDSbN DLC 44 �.• 219.95 yeg�54 = 13 1/3 h Cornar John 20+27.0 oT7 . 660, i h Ck_i0 127/129 SW COR E 1/2 w, 901 OLC 44 0 15.8.5 Ac. - 1 in to 0 o u y I o • to Aj Zcr�I U CEWTER SEC I 660 R 2 }' TQr-..Co.RC.Na.2076 f q� 27 334 4 3 4 ,` _ •gar.. •. All: .x •. _ STAFF REPORT FX AGENDA 5.2 TIGARD PLANNING COMMISSION September 8, 1981 7:30 p.m. F014LER JUNIOR HIGH SCHOOL - LECTURE ROOM 10865 S.W. Walnut Street, TIGARD DOCKET: Comprehensive Plan Review. (CPR 10-81) Kneeland III on 92nd Avenue. APPLICANT: Alpha Engineering, Inc. OWNER: Larry Grayson Construction Co. 1750 S.W. Skyline Blvd. 8946 S.W. Barbur Blvd. Portland, Oregon 97221 Portland, Oregon 97219 APPLICATION DATE: July 8, 1981 SITE LOCATION: Washington County Tax Map 2S-1-14A Lot 900 NPO # 6 REQUEST: A Comprehensive Plan Review from Washington County RU-4 to City of Tigard two (2) units per acre (NPO # 6 map). The City of Tigard A 12 Multi-family with a Planned Unit Development (PD) designation. Applicant is further requesting preliminary and general pian review of an A 12 PD for 22 units (11 duplexes). PREVIOUS ACTION: S 13-77, ZC 12-77, ZC 21-78, CU 36-78, S 7-79, S 14-79, S 8-80, S 11-80, CU 23-80. STAFF COMMENTS: The Park Board has reviewed this proposal on May 28, 1981. approximately 3.7 acres is in the floodplain adjacient to Cook Park. In the past the Park Board's policy has to trade-off an increase in density for dedicated park land. Kneeland I and II to the North of this parcel have been approved and construction of single family detached units is progressing now. Riverwood Lane from Picks Landing and Copper Creek subdivision to the West will be continued through this development to S.W. 92nd Avenue. The slope of the ground is an important concern. A small pond has been created at the top of th ,Fill and adequatedrainage facilities must be installed to protect down propertyQ development will take place within the 100 year floodplain, therefor a Sensitive Land Permit is not required. FINDINGS OF FACT: 1. NPO # 6 Policies are appropriate as follows: 1. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, and walkways, according to City or County standards. All utilities will be placed underground. 2. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving intervening properties as well as the proposed development, and (b) designed to meet city or county { standards. i � ¢ R�� r STAFF REPORT AGENDA 5.2 Page 2 P. FINDINGS OF FACT: (continued) 3. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. 4. When developments are proposed in the urban low-density area for sites which include identified natural features worthy of preservation, the planned development concept shall be utilized if the Planning Commission determines it the best method for preservation. 5. The maximum overall density of development will be 12 dwelling units or 29 persons per gross acre. This amounts to a standard of 2500 square feet of land per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography or existing development patterns. 6. Apartments should be located to produce an optimum living environment for the occupants. Development criteria should include: A. Buffering by means of landscaping, fencing and distance from commercial areas and major traffic carriers such as Pacific Highway. B. On site recreation space as well as pedestrian and bicycle access to parks, schools, and convenience shopping C. The siting of buildings to minimize the visual effects of parking areas and to increase the availability of privacy. 2. A full line of Urban services are available to this site. 3. Cook Park has been created by action of the City Council and expansion plans include a portion of this parcel. The Park Board has reviewed this proposal and has agreed to a Trade-off of high density for the dedication of park land. 4. No development will take place within the 100 year floodplain of the Tualatin River. No Sensitive Lands Permit is required. CONCLUSION: 1. This parcel is suited for multi-family development as proposed. Increasing the density is in conformance with the policies included in the adopted NPO # 6 Plan. 2. The public street dedication will take approximately two (2) acres, the park dedication will take almost four (4) acres which leaves about three (3) acres for development. The public is more than compensated r4 for allowing an increase in density on the remaining land. fora. k4 h STAFF REPORT AGENDA 5.2 Page 3 ^ STAFF RECOMMBNDAT IDN: Staff recommends approval of this Comprehensive Plan Review and Preliminary and General Planned Unit Development Review, with the following conditions: 1. A subdivision plat shall be filed with the City in conformance with Tigard Municipal Code Chapter 17. - Land Partitioning Ordiance. 2. A detailed site drainage plan related to the pond to the North shall be submitted to/approved by the Public Works Director prior to the issuance of any Building Permits. 3. No development shall take place within the 100 year floodplain of the Tualatin River. 4. All land within the 100 year floodplain shall be dedicated to the City. 5. The Public Works Director shall review with the developer a method of erosion control on the Northern slope to 93rd Avenue cul-de-sac. 6. A concerted effort shall be made to retain the large trees on this site. 7. Half-street improvements shall be made to S.W. 92nd Avenue. 8. A "Street Plug" shall be installed on the Western terminus of S.W. Riverwood Lane. 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 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. 11. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either_= (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 12• All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. �,x�J�GiT Ca STAFF REPORT AGENDA 5.2 Page 4 STAFF RECOMMENDATIONS: (continued) 13. A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyor, 14. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 15. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 4 Aldie Howar Planning Director B