Ordinance No. 73-12 CITY OF TIGARD, OREGON
ORDINANCE No.73-j
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFI-
CATION OF LANDS OF COMMONWEALTH PROPERTIES INC., AND DENYING CHANGE
FROM S-R, Suburban Residential, to P-D, anned Development, IN THE
CITY OF TIGARD, COUNTY OF WASHINGTON.
THE CITY OF TIGARD ORDAINS AS T+'OLLOWS:
Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classified for S-R,
Suburban Residential uses pursuant to zoning ordinances of the City
of Tigard.
Section 2: The Council further finds that pursuant to prescribed
procedures application for reclassification of said lands
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,
1973 after due and legal notice, and the findings of the Commission
file with the City Recorder, a copy
recommending approval are on
whereof is hereto attached and by reference made apart hereof.
Section 3: The Council finds that after due and legal notice, a pub-
lic hearing was held before an impartial council on
April 23, 1973, and all parties at interest were afforded an opportunity
to be heard and to present and rebut evidence.
Section 4 The Council hereby finds that the evidence presented at
said hearing does not preponderate in favor of petitioner
and does not provide a proper basis for a change in use classification
from S-R, Suburban Residential, to P-D, Planned Development.
Section 5: That in accordance with the foregoing, the proposed change
in zone classification of the following described :9•nds,
be, and the same is hereby, denied, without prejudice to the peti-
t ioner's right to request a rehearing before the Council:
The description as set forth 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,
this 23rd day of April, 1973
Recorder City of Bard
APPROVED: By the.,4ayor, this 23rd 'of April, 973,,—.�
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ORDINANCE No.73-J2_
EXHIBIT "A"
Beginning at an ly" iron bar at the center of Section 34,
Township 1 South, Range 1 West, Willamette Meridian and running
thence North 890 55' West, 840.,38 feet to the southeast corner
of the Tigard Evangelical Church tract; thence North 00 00' 31"
West, 480.29 feet to the northeast corner of said tract; thence,
North 890 55' West, 453.48 feet to the northwest corner of said
tract; thence, North 00 00' 31" West, 905.39 feet on the east
right-of-way line of S.W. 121st Avenue of Scholls Ferry Road;
thence North 720 23' 00" East, 1114.95 feet to the northwest
corner of the Chester Robinson three-acre tract; thence, South
170 37' East, 332.19 feet to the southwest corner of said tract;
thence due East, 287.12 feet to the southeast corner of said
tract; thence due North, 439.70 feet to the centerline :f Scholls
Ferry Road at the northeast corner of said tract;thence following
said centerline North 720 23' East, 260,77 feet to a marked
stone; thence, continuing on said centerline North 590 41' East,
497.40 feet to its intersection with the centerline of Fanno Creek;
thence following the centerline of said Creek South 240 22' 26" j
East, 29.72 feet to an angle point in said Creek; thence continuing I
on said centerline North 770 37' 08" East, 178,97 feet to an
angle point in said Creek; thence continuing on said centerline
South 460 58' 50" East, 161.56 feet to an angle point in said
Creek; thence, continuing on said, centerline South 840 20' 18"
East, 65.72 feet to an angle point in said Creek; thence, continuing
on said centerline South 720 40' 11" East, 246,35 feet to an angle
point in said Creek; thence South 600 57' 12" East, 454.31 feet
to a 5/8 inch iron rod being the northeasterly corner of this
property being described; thence, due South 752.51 feet to a point;
thence, South 890 51' 50" West, 934.25 feet to a wagon spindle
at they southwest corner of the first parcel described in Book
389 at Page 207, said Deed Records; thence South 00 15' 25"
" East, 1021.16 feet to a one inch square iron bar at the southeast
corner of the second parcel described in Book 369 at Page 207,
said Deed Records; thence, South 890 57' 08" West, 927.26 feet to
the point of beginning; excepting therefrom, however, all those
portions lying in streets, roads, or highways, and containing
101.51 acres, more or less,
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PLANNING COMMISSION FINDINGS: Commonwealth
1. That the proposed development conforms to the goals and objectives
of the Tigard Community Plan.
2. That exceptions from the standards of the underlying district are
warranted by the design and amenities incorp,)r--ed in the development
plan, such as the common greenway and path system, and neighborhood
park. The greenway will become part of a planned community wide
system which will provide a benefit to the surrounding community.
3. That the proposed development is in harmony with the surrounding
area and its planned future use.
4. That submitted program satisfies the zoning requirement of
providing a means of preserving and maintaining the open space by
stating that "all common open space will be dedicated to and
maintained by a public agency acceptable to the City".
While the program provides for maintenance of the open space, it
does not specify the means of developing it, as required by the
Zoning Ordinance.
5. The program states that the first phase of the development will
begin immediately upon plan approval. It is therefore anticipated
that a substantial unit of the project will be completed within one
year's time, a Zoning Ordinance Requirement.
PLANNING COMMISSION RECOMMENDATIONS: Commonwealth
That a program for development of the open space be submitted.
This program could phase open space development with the construction
phases of the project. As each phase is completed, the open space
to be developed as part of that phase should be developed prior to
issuance of occupancy permits, unless security equal to the cost of
the improvements, as determined by the Planning Director is filed
with the City assuring such installation within six months after
occupancy. "Security" may consist of a faithful performance bond
pa7able to the City, cash, certified check or such other assurance
of completion approved by the City Attorney.
2. That the property owner (s) will support the formation of a local
improvement district now or in the future to bring S.W. 121st Avenue
up to City collector street standards, and that the present property
owners (s) execute a recordable covenant in accordance herewith.
3. That site development plans and the architectural design of the
multi-family dwellings shall be approved by the Planning Commission
prior to issuance of building permits, to insure compatibility with
the single family neighborhood,
4. That a landscaped earth berm be installed along 121st Avenue and
Scholls Perry Road to help provide privacy for dwellings adjoining
said street. Plans for the berms and landscaping shall be approved
by the Planning Department and implemented prior to occupancy of
affected dwellings.
5. That single family lots shall conform to City R-7 standards, with
the exception that zero lot liue or common wall homas may be
Page 2 ( ..
PLANNING COMMISSION RECOMMENDATIONS: Commonwealth
5. (Cont, ) approved by the Planning Commission.
6. That 5 feet be dedicated to the City along 121st Avenue and 10 feet
along Scholls Perry Road, to provide adequate right-of-way width
for future improvements. ¢
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