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Ordinance No. 73-11 CITY OF TIGARD, OREGON ORDINANCE No.73-_LL AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFI- CATION OF LANDS OF FRED SCHRIEVER AND DENYING CHANGE FROM R-7, Single Family REsidential., to o P_15;finned Development, IN THE CITY OF TIGARD, COUN".11 OF WASHINGTON THE CITY OF TIGARD ORDAINS AS FOLLOWS: Sectional; The Council finds that the lands hereinafter described have heretofore been and are now classified for R-7, Single Family Residential uses pursuant to zoning ordinances of the City of Tigard. Section 2: The Council further finds that pursuant to prescribed I procedures application for reclassification of said lands j x. 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, i 1973 after due and legal notice, and the findings of the Commission recommending approval are on file with the City Recorder, a copy j whereof is hereto attached and by reference made a part hereof. Section 3: The Council finds that after due and legal notice, a pub- x lie hearing was held before an impartial council on April 23, 1973, and all parties at interest were afforded an oppor- tunity' to be heard and to present and rebut evidence. sk Section b The Council hereby finds that the evidence presented at said hearing does not preponderate in favor of petitioner " and doesnotprovide a proper basis for a change in use classification from R-7, Single Family Residential, to P-D, Planned Development. Section 5: That in accordance with the foregoing, the proposed change in zone classification of the following described lands, be, and the same is hereby, denied, without prejudice to petitioner's right to request a rehearing before the Council: The description as setfbrth on the attached EXHIBIT "A" is by reference made a part hereof. ,: Section 6: This ordinance shall become effective on the 31st day after its enactment 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, 3; this 23rd day of April', 1973 AL V 4",z Recorder - ufty o ar APPROVED: By the Mayor, this 23r,& of April, 1973. - city,of Tigard ORDINANCE No. 73-.�_ z EXHIBIT "A" That part of Lots 24, 25 and 26 in NORTH TIGARDVILLE ADDITION, Washington County, Oregon, as shown by the recorded plat thereof, being in the East half of the Northeast quarter of Section 3, and the West half of the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; and bounded by a line: Beginning at an iron pipe in the West line of Lot 25, which is 7.358 chains from the Southwest corner thereof and running thence North 00 10' East 6.485 chains (428.0) feet to an iron pipe in the West line of Lot 24; thence North 450 33' East 10.345 chains (682.8) feet to a point in the road from which an iron pipe bears —0 33' —st 18.1 feet distant; thence in said road South South -D ",a �1' 740 56' East 3.643 chains (243.7) feet; thence South 5r East 1.55 chains (128.7) feet to a point from which an iron pipe bears South 470 02' West 20.7 feet distant; thence South 470 02' West 17.244 chains (1138.1) feet to the point of beginning. EXCEPTING, therefrom, thoseper.,tions of the hereinabove described tract which lie within dedicated public right-of-ways. x d rt 3 b E ice, i t PLANNING COMMISSION FINjINGS: Schriever 1. � 'ltat the proposed development, if modified, is in substantial conformance with the Tigard Community Plan. 2. That exceptions from the standards of the underlying district are incorporated warranted by the design and amenities rporated in the development plan, such as the large area proposed for dedication to the Community' s greenway - open space system. if modified, will be in harmony with the 3. That the proposal, surrounding area. b developing and maintaining open spaces is 4. That the moans of � suitable. The developer will install a paved path 6 feet in width, which function will becombination primarilybike inna naturalpedestrian stat,e. path. Th greenway 5. That the development will have a beneficial effect on the Community through the provision of open space and low density multi-family ide amore direct vehicular housing. In addition, it will Prov link between walnut Street and Fonner Street. 6. That the proposed development can be substantially completed within one year. I� 1 PLANNING COMMISSION RECOMMENDATIONS: Schriever 1. That the density of the proposed development shall be reduced from 30 dwelling units to 26. 2. That buildings paralleling the south property line (abutting single family zoning) shall be one story in height. 3. That the minimum building setback from the south property line shall be 15 feet. 4. That a detailed site developmn nd the ent of the multi family dwellings permits, to insure commission prior to issuance of building p compatibility with the single family neighborhood. be dedicated to t eet 5. That 10 feet shall rovideadequatWalnut eright-ofrway ' and 5 feet along Fonner Street to p r width for future street improvements. be deeded 6. That the designated common area north of Pathfinder a become part of the to the city after construction of the path, Tcommunity' s greenway system.