Ordinance No. 82-20 I
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CITY OF TIGARD, OREGON s
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ORDINANCE NO. 82-20 d
AN ORDINANCE APPROVING THE PRELIMINARY AND GENERAL PIAN AND GRANTING A SENSITIVE
LANDS PERMIT TO MAIN STREET LAND CORPORATION/J. B. BISHOP (CPR 8-81, CPR 9-81 AND
M2-81) AND DECLARING AN EMERGENCY.
WHEREAS, on June 22, 1981, the Tigard City Council approved a Comprehensive
Plan Revision to the C-3 MPD (Main Street Commercial Planned Development) designa-
tion for a 16.6-acre site located at 12660 S.W. Main in the City of Tigard and
further described as:
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Washington County Tax Map 2S1 2AC, Tax Lots 201,1200,1300,1400,1500 1
1600,2200 and 2301; and
WHEREAS, on December 8, 1981, the Tigard Planning Commission granted prelimin-
ary approval of the applicant's site access proposal; and
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WHEREAS, on March 2, 1982, the applicant filed its application for Preliminary
and General Plan Review for a commercial development on the above-described site
and an application for a Sensitive Lands Permit to fill within the 100-year food-
plain; and
WHEREAS, the Tigard Planning Commission considered testimony of interested
persons concerning the applications at a public hearing, during its regularly
scheduled meeting on April 6, 1982, following public notice in accordance with
city ordinance; and
WHEREAS, the Tigard Planning Commission vote unanimously to approve the applica-
tions with conditions recommended by the Planning staff and to forward the matter in
accordance with § 18.56.043 of the Tigard Municipal Code to the City Council for
final review; i
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: The Preliminary and General Plan for the subject property be and hereby
are approved and a Sensitive Lands Permit be and hereby is granted, sub-
ject to the following conditions, as recommended by Planning staff and endorsed by
the Planning Commission:
a. The applicant shall apply for Site Design Review addressing the items set f
forth in S 18.59.060 of the Tigard Municipal Code;
b. The applicant shall address the availability of public services to his
site, specifically sewer, water and storm drainage. A Public Facilities Plan shall
be submitted to the City of Tigard Engineering Division and be approved prior to
issuance of any building permits. Ash Avenue shall be improved to full street
improvements from end of current improvements from Hill Street to Fanno Creek to
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approved city standards to a width of 32' except no sidewalks shall be required
on the S.E. side of S.W. Ash Avenue.
c. The street connecting Pacific Highway and Ash Avenue shall be a public
street from and including curb to curb designed to accommodate collector street
loads, and at a depth not less than the City of Tigard's collector street standards
for cross section. Said street shall contain all public utilities or approved
easements. The applicant shall agree to donate to the City of Tigard for public use
the two streets which cross the site;
d. The applicant shall submit detailed engineering plans for fill and excava-
tion work to be done on the site and in the park, The Army Corps of Engineers
shall review the detailed plans for effect of the proposal on water velocities and
direction of floodwater flow;
e. No more than one structure is allowed on any tax lot. The tax lots involved
in this project should be consolidated into one tax lot, or lot line adjustments shall
be filed with Washington County so that each structure occupies one tax lot;
f. Specific plans for rough grading in the vicinity of the lake proposed in the Down-
town-Fanno Creek Park shall be reviewed by the Park Board. Detailed engineering
plans for rough grading in the park area and excavation of the lake shall be sub-
mitted to and be approved by the City of Tigard's Engineering Division. Said
rough grading shall be accomplished by the applicant in accordance with the approved
rough grading plans on the Design Review approval under Tigard Municipal Code,
Chapter 18.59.
g. The applicant shall. receive approval from the Building Department and
Public Works Department confirming that soils conditions are appropriate for con-
struction prior to issuance of building permits;
h. The applicant shall obtain a permit in accordance with ORS Chapter 541 or
demonstrate that the statute is not applicable to applicant's construction of its
commercial developments on the site.
Section 2: The following additional conditions be and hereby are imposed on the
subject application.
a. Notice of site plan approval by the Director under Tigard Municipal Code
sections 18.59.010 to 18.15.100 and section 18.84.050 (A2) shall be given immedi-
ately to the Commission and the Council and shall be subject to appeal and review by those:
bodies under Tigard Municipal Code section 18.84.250(b)(2) and related sections.
Section 3: Inasmuch as it is necessary for the. peace, health and safety of the
people of the City of Tigard that the subject application be approved
forthwith, an emergency is hereby declared to exist, and this ordinance shall be
effective upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after be-
ing read two times by number and title only, this 26th day of ADrit
1982.
Recorder- City of Tigard
APPROVED: By the Mayor this'., 26th_ day of April u, 1982.
M -.city of Tigard
APPROVED` AS TO FOCtM... ----------
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