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Resolution No. 82-114 CITY OF TIGARD, OREGON RESOLUTION NO. 827.11q A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINAL ORDER IN THE CONSIDERATION OF CAMBRIDGE SQUARE, AN APPLICATION OF CENTURY 21 HOMES, INC. (PD 2-82 5 S 5-82) WHEREAS, the matter of Cambridge Square came before the Tigard City Council on September 27, 1982 for review and discussion by the Council of a Tigard Planning Commission action pursuant to §18.84.250(6)(2) of the Tigard Municipal Code (TMC) regarding the request for a planned unit development (PD 2-82) and a subdivision (S 5-82) filed by Century 21 Homes, Inc. (the "Applicant"); and WHEREAS, the subject property consists of approximately .58 acres, tax lot 2200 and 2300, which is located at 11820 and 11900 SW 98th Avenue, north of Southern Pacific Railroad Tracks; and WHEREAS, the Planning Commission held a hearing on July 20, 1982 for Preliminary and General Plan Review of Phase I with a proposed 39 unit single family subdivision on 3.75 acres. Approval was granted for a Preliminary Plan Review of Phase I giving tentative approval of the general concept of cottage-type housing in the zone. General Plan Review was delayed until resubmittal of information dealing with streets, parking and emergency vehicle access. On September 7, 1982, the Planning Commission conducted a hearing for General Plan Review and approval of a s ix lot subdivision on .58 acres as �. Phase I of the proposed project. At that meeting, no persons appeared in opposition to the request. The Planning Commission approved PD 2-82 and S 5-82 of Cambridge Square Phase I with the following conditions. 1. The applicant shall apply for Preliminary Plan, General Plan and Subdivision approvals for Phase II of Cambridge Square at a later date. 2. The applicant shall submit sewer improvement plans, all street improvement plans, all water improvement plans and storm drainage improvement plans to the City Engineering Division to be approved prior to issuance of any Building Permits. 3. Full half-street improvements shall be made to SW 98th. These improvements shall be bonded for 100% of the estimated construction costs prior to issuance of any Building Permits. In addition, a bond shall be posted for 100% of the cost of water, sewer and storm drain improvements required to serve the site prior to issuance of any Building Permits. 4. The on site street improvements shall be completed prior to the issuance of Occupancy Permits. i 5. No changes shall be made to approved plans without approval of the appropriate City Department. 6. The 32' section of road off 98th Avenue shall be a public street. 7. A sidewalk shall be constructed on at least one side of the street and the cul-de-sac. RESOLUTION NC. 82-11'q WHEREAS, Upon staff review of conditions Nos. 6 S 7 with the Director of Public Works, it was determined by staff that clarification of these two conditions was necessary. Pursuant to TMC §18.84.250(b)(2) the City Council of the City of Tigard on its motion tailed for review of the conditions attached to S 5-82 and PD 2-82 with the stipulations that review would be confined to the record of the hearing; and WHEREAS, the City Council pursuant to TMC §18.84.050(d)(3), held a hearing on these requests on September 27, 1982. At that hearing, the Applicant, the Director of Planning and Development, and Director of Public Works spoke in favor of the project. The Director of Public Works provided information concerning the standards which he required for streets and sidewalks which would be required under conditions 6 and 7 of the Planning Commission approval; and WHEREAS, the City Council acknowledges the following findings of fact: 1. The approval sought is for .58 acres representing Phase I of Cambridge Square. 2. The LCDC statewide planning goal relating to transportation, Goal 1412, was developed with the intent of providing a safe, convenient and economic transportation system. The subject site would be accessible via 98th Avenue. The developer will be required at a later date to extend Commercial Street, in front of the site, to connect 98th to 95th Avenue to allow for better traffic circulation in the area. Half street improvements will be required in Phase I on SW 98th Avenue. All streets within the Phase I limits shall be improved or bonded as required by the Engineering Division prior to issuance of building parmits. 3. Policy 9 of Tigard's NPO 142 states that urban medium residential areas will be developed with paved streets, curbs and gutters, and walkways, according to City or County standards. All utilities will be placed underground. 4. Policy 10 of Tigard's NPO 142 states that development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development; and (b) designed to meet City or County standards. 5. Section 17.06.065 of the TMC, Criteria of Approval, requires that no preliminary plat for a proposed subdivision and no map or major partition shall be approved unless: (1) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partitions already approved for adjoining property as to width, general direction and in all j other respects, unless the City determines it to be in the public interest to modify the street or road pattern; (2) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon; (=) The preliminary plat complies with the comprehensive plan, the applicable zoning regulations, and the regulations z within this title; and (4) There will exist adequate quantity and quality of water and an adequate sewage disposal system to support the proposed use of the land described in the proposed plat; and PAGE 2 - RESOLUTION NO. 82-� t t ■ WHEREAS, the City Council has concluded that the requested planned unit development and subdivision comply with the standards set forth in 18.56.020(3) and 17.06.065(1). NOW, THEREFORE, the Tigard City Council resolves as follows: Section 1: That the Planning Commission's approval of the Cambridge Square development be amended to read as follows: A. Conditions 1, 2, 3, 4, and 5 of the Planning Commission approval will be retained as existing. B. Conditions 6 and 7 will be modified so that the section of road off 98th Avenue shall be built with a thirty two foot right-of-way containing a twenty eight foot wide paved street with a sidewalk on one side and curbs on both sides. Parking will be allowed on one side in accordance with the designation of the appropriate side by the Director of Public Works. The street will be dedicated to the public with all work subject to plan approval by the Director of Public Works. PASSED: This day of the City of Tigard.. 1982, by the Council of � /' Mayor City of Tigard 01 ATTEST: r t/ pl Recorder - City of Tig PAGE 3 - RESOLUTION N0. 82_LLq i k (0389A) i t