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Ordinance No. 73-17 CITY OF TIGARD, OREGON ORDINANCE No. 73 - _.a AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFICATION OF LANDS FROM COMMONWEALTH PROPERTIES INC., AND AUTHORIZING CHANGE FROM S-R, Suburban Residential to P-D, Planned Development IN THE CITY OF TIGARD, COUNTY OF WASHINGTON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that the lands hereinafter described have heretofore been and are now classificed for S-R, Suburban Residential uses pursuant to zoning ordinances of Washington County. 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 recommending approval are on file with the City Recorder, a copy whereof is hereto attached and by reference made a part hereof. Section 3: The Council finds that after due and legal notice, a public hearing was held before an impartial council on June 11, 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 by a preponderance of the evidence as presented at said hearing that the change of use classification of the followina described lands from S-R, Suburban Residential to P-D, Planned Development .(a) Is consistent with the Comprehensive Plan adopted by the City by Ordinance No. 73-6 for the reason that the evidence shows that basic low denisty residential purpose as contemplated by the Comprehensive Plan will be complied with in the proposed development; (b) Is in the public interest as shown by the evidence in that there is a public need for the various residential facilities proposed to be constructed to accommodate a present demand for housing in the immediate area; (c) That the public need is best served by the variety of residential facilities proposed particularly considering the preservation of open space areas, pathways and other ureas to be set aside for public use which would not become available under other than P-D, Planned Development concept; (d) That other presently available unrestricted areas designated for this particular type of development are insufficient to meet the need and the evidence shows that the introduction of the Planned Development use in this particular area does not impose burdens upon the adjoining properties disproportionate to the benefits to be conferred upon the public by the public areas and open spaces'thus to be made available under the conditions imposed upon the applicant as hereinafter set forth. Page 1 - ORDINANCE No. 73 - 17 E �... Section 5: That in accordance with the foregoing, the proposed change in zone: classification be and the same is hereby authorized with respect to the lands described on Exhibit "A" and by reference made a part hereof, subject to compliance with the fol- lowing conditions: Exhibit "B", a copy whereof is hereto attached and by this reference mare a part hereof to the same legal force and effect as if set forth herein in full. Section 6: This ordinance shall become effective on the 31st day after its enactment by the Council and approval by the Mayor. PASSED: By majority vote of all council members present after being read three times by number and title only. This 9th day of July 1973. j CK -, Recorder - i y of ' igard APPROVED: By the Mayor, this 9th day of July 1973. Ml?dr - City of Tigard p { ° Page 2 - ORDINANCE No. 73 - - ti tG _ i EXHIBIT "A" Beginning at an 14" iron bar at the center of Section 34, Township 1 South, Range 1 West, Willamette Meridian and running thence North 890 55' ;fest, 640.38 feet to the southeast corner of the Tigard Evangelical church tract; thence North 00 00' 31" West, 4uA.29 feet to the northeast corner of said tract; thence, North 890 5F' Went, 453.48 feet to the northwest corner of said tract; thance, h,)rth 00 00' 31" West, 905.39 feet on the east right-of-way line of S.W. 121st Avenue of Scholls Ferry Road; the nce 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 of 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, 197,:50 feet to its intersection with the centerline of Fanno creek; thence following the centerline of said Creek South 240 22' 26" East, 29.72 feet to an angle point in said Creek; thence continuing on said centerline North 770 37' OH" Fast, 175.97 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" -Ait. _'85..72 feet to an angle point in said Creek; thence, continuing on said centerline South 720 40' 11" East, 2,16.36 feet to an angle poi:.t in said Creek; thence South 60c 57' 12" East, 454.31 feet to a 5i$ inchiron rod being the northeasterly corner of this --rop.�rty being iescribed; thence, due South 752.51 feet to a point; the ice, South 51' 1)0" West, 934.25 feet to a wagon spindle at the southwest corner of the first parcel described in Book 3t;9 a-� Page 207, said Deed Records; thence South 00 15' 25 east, 1021.1f,' 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 690 57' JE3" tdest, '327.26 feet to t.h:: point of beginning; excepting therefrom, however, all those portions lying in streets, roads, or highways, and containing 101.51 acres, more or less. �ry Description - 'Commonwealth EXFJ$IT "A" EXHIBIT "B" 1. 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 payable to the City, cash, certified check or such other assurance of completion approved by the City Attorney. a) Thot.the greenways, as depicted on the master plan concept as filed with the City after completion of the improvements as required by the City, shall be conveyed to the City for public park purposes. 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 owner(s) tall execute a recordable covenant in accordance herewiti.. 3. That site development plans and the architectural design of the multi-family dwellings shall be subject to approval of 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 Ferry Road to help provide privacy for dwellings adjoining said streets. 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 line or common wall homes may be approved by the Planning Commission. 6. That 5 feet be dedicated to the City along 121st Avenue and 10 feet along Scholls Ferry Road: to provide adequate right- of-way width for future improvements. 7. The general Development Plan and Program shall revert to concept "B" (as submitted by the applicant) in the area bounded by S.W. Englewood Road on the north and S.W. 115th on the east and the Tigard Evangelical Church on the west if the proposed school site in this site is not desired by the Beaverton School District. S. That the applicant shall dedicate to the City of Tigard, a 2.5 acre park site at the southwest corner of the intersection of S.W. Englewood Road and S.W. 115th. 9. That deciduous_shade trees be planted in the traffic island planned in the center of Englewood Road between S.W. Scholls Ferry Road and the southern terminus of S.W. Dellwood Loop at S.W. Englewood Road. Commonwealth 10. That, in order to promotemaximum public safety for pedestrian and bicyclists, the applicant shall provide a minimum three foot _:. landscaped separation between the proposed traffic way and sidewalks in the proposed S.W. Englewood Road right-of- way. Additionally the applicant shall provide a minimum six foot wide meandering landscaped pedestrian/bikeway along, and separated from, the paved portion of S.W. Scholls Ferry Road. This facility and its landscaping shall be coordinated with the landscaped berm recommended by the Planning Commission. Plans for the berms, landscaping and pedestrian/bikeway shall be approved by the Planning Department and implemented prior to occupancy of any adjacent apartment dwelling units. All sidewalks and pedestrian/bikeways within the project shall have a smooth transition with streets constructed within the project. This is in order to facilitate the movement of bicycles and wheelchairs throughout the proposed development. 11. That the areas designated for apartment development be limited to a density of 11 units per gross acre. 12, That the portion of the P-D south of S.W. Englewood Road shall not be subdivided until such time as S.W. 115th is brought up to existing City standards. 13. That S.W. :15th be barricaded during construction of the proposed development in order to avoid increasing traffic on an inadequate street. 14. The developer to provide adequate right-of-way to accomplish left turn traffic movements at the intersections of S.W. Scholls Perry Road and S.W. Englewood Drive and at S.W. Englewood Drive and S.W. 121st Avenue, Right-of-way width shall meet State Highway Department standards. Exhibit "PIC Page 2 Commonwealth r rye,A N Y r r t lvo