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Ordinance No. 84-66 I CITY OF TIGARD, OREGON ORDINANCE NO. 84-- AN ORDINANCE ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT (CPA 20-84) AND DECLARING AN EMERGENCY. WHEREAS, the subject property contains 2.9 acres and is wi�hin the City of Tigard; and WHEREAS, Westland Investment Company on behalf of Butterfield Capital Corporation, property owner, has requested a Comprehensive Plan Map Amendment from Medium Density Residential to Medium High Density Residential; and WHEREAS, this application complies with Section 18.22.030 and 18.22.040 of the Tigard Community Development Code which identified the following standards and procedures for Comprehensive Plan Amendments and Zone Changes. A. This application will not adversely affect the health, safety, and welfare of the community. B. This application is in compliance with LCDC Goals 1, 2, and 10. C. There is evidence that the City errored by utilizing a zone on m the property that was incompatible with the existing ueve'opment; and WHEREAS, this site complies with the locational criteria for the Medium High Density Plan designation as set forth below: 1. The area is not committed to low density development, it i3 already developed to Medium High density standards. 2. The property is presently buffered from lower density development by the creek and vegetatic 3. The property has direct access to Pacific Highway which is designated as an arterial on the Transportation Plan Map. 4. There are no development limitations on the property. 5. Public facilities are established to the site. 6. The property is within one-quarter mile of public transit and commercial centers. f. The existing apartment complex contains some private open space and the proposed Fanno Creek Park will be within ane-quarter anile of the property. ORDINANCE NO. 84-- Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: t, Section 1. The City Council upholds the Planning Commission approval of the Comprehenskve Plan Land Use Map Amendment as proposed and set forth in attached Exhibit "A" (Map) and "B" (Legal Description). Section 2. Inasmuch as it is necessary to revise the City Comprehensive Plan Maps to allow development in a timely manner, an emergency is declared to exist and this ordinance shall become effective upon its passage by Council and approval by the Mayor. PASSED: By (;thahixr,� _ vote of all Council members present after being read by number and title only, this day of 1984. Deputy City Recofder _ City of Tigard APPROVED: This day of 1984. 1984. } ? City of Tigard h APPROVED AS TO FORM: C Attorney s 4733P/dmj ORDINANCE Rtt1. 34-- Page 2 EXHIBIT "A" _ _.__ t G _+..--•�>.dx� � - 225.1 152.0 O _ \ p9QO 1 • o j� 020 IA Vo U11 ro 3 ® 40 6P94 1520 24 30 65 45 90 �e.rr �f 132 so t'r l s+/0®C �1 as ;r�D dr� ��O.v. 7� 2 Ha5•53 C 1 e�.e�O "- o 400 (c NO L T -oo•a ' 1 U 206.59 1 1 'w �.- r 40 33.0 ��✓ lj2.9 -` o ' ✓ w a0 • O 133 jb re # ! fm s r 8 0 m I Ilt. `� � 9a. I � �/d ./� w7s• _ � Jt'.�•,f ,y � p• •� � S0 �/hi �t •�`Ir �•.. 4 `-~•-^yl..,.. LPc`: I �,y S U s 4 4. a R'N CSvy �y4' —•�1., eg rA to, 59 6 ��j• �r?� fi �• t Z� OR�vc� P � �a r j/} ♦, eIS • ,si V SC !y t a may+ r N/� 4, z N r �. sap a•e„ V C _. �� .�H •; `'' t 1 a EXHIBIT "B" All of Lot 1, FRUI1NG ORCHARD TRACT, City of Tigard, Washington County, Oregon , not included in subdivision of Lot 2 and a part .;. of Lot 1, r"',EIJING ORCHARD TRACT, in Section 2, Township 2 South, Range 1 West of the Willamette Mei-i.dian, as shown by the"I duly recorded map and plat thereof on file in the office of the Recorded of Conve%a nces for sai(I County and State; EXCEPT therefrom that portion lying Northwesterly of center line of Sewer Easement granted Tigard Sanitary t7istrict by instrument recorded August 27, 1957, in Book 397, page 350; TOGETHER WITH a perpetual non-exclusive right-of-way and easement for road and utility purposes on, over and across a 12 foot strip of land being the Northeasterly portion of Lot 1, FREFIING ORCHARD TRACTS, aild extending southeasterly from the Southeasterly boundary of Pacific Highwa}� blest to the Intersection of the Cent,Ar linr? of sewct- easement (granted to Tigard Sanita y Dist-v iet t,; instrument recorded August 27, 1957 in Floor, 397, h 5 page 350, Deed Records E