Resolution No. 74-54 ` RLSOLUTMO :10. 74 -
CITY OF TIGARD, OREGON
;SOLUTIO'! RECORDIVG FI1,'DINGZ �IITJi RESPECT TO EJGL`c;WOOD PLANT:IED
RESIDENTIAL DE:BLOPt!,ENT OF COidb1ON:9EALT:1 PROPERTIRS, IT
ITC. ?.i?D
AU1;1ORIZI1TC CO iTINUA,XE OF COIMTRUCTIOi: P.`IO.JisCT.
WHEREAS, it appears from.. the City's records and from: the
sponsor's presentation that the £ollowin, facts appertain to the
n,-lewcod Planned Residential iievelopment of Commonwealth Prop-
erties, Inc.:
(1) That Coiamon'wealtn purchaser. approxir:ately 107 acres,
including the area now knownJ i3r.;�lev;c;, ';anncd `,esIdential
Development within the City ofTi�:ard, on or about P.nril 22, 1968,
and thereafter on or about S:ay 30, 1273, the same became a par;
of the '2i-ard dater District and thereby ter for residential
purposes became assured.
(2) That on or about July 9, 1973, _pursuant to application
and hearin,_,,s before the Planning Commission and the City Council,
the said area was approved for Planned Residential Develon-nent
Zon1,� pursuant to Ordinance iio. 73-17, and on April 16, 1974,
the preliminary plat of Phare I of E:n,,cle:aood was approved by the
Pla.nnin,_. Commission.
(3) That on or about- August o`, 1974, or prior thereto, ap-
provals of construction dray.,in-,s were liven by the City Engineer
and further approvals for utility anis other services were extended
as follows:
Unified Sewera e gency
Department of -nvrionmental -)uality
WashinEton County Fire Department
Northwest 'datural Gas
Portland Gene-al '3lectric
General Telephone Co.
Tigard Water Distridt
(4) That on or out Aw;ust 23, 1974, _ contract for con-
struction and development of Englewood was formalized between
Commonwealth Properties, Inc. and Cornell i:;xca.vation Contractors.
(5) That on August 26, 1974, the City Council adopted and
enacted a Flood Plain Ordinance by the terms of which certain
areas within Englev.,00d Development would require further approvals
as a condition precedent to develop:,.ert of said project.
(6) That the sponsors of said Planned Sesidential Develop-
ment, pursuant to the zoning ordinance of the City of Tigard,
,,.,ere required to set aside certain '
a for greenway, school site,
streets, and other public use areas asa condition precedent to the
approval of the Planned 1iesidential Development "onin,,: and
WHETREA.S, a stop wort: order was issued by the City on or
about August 27,_1974 to provide an opportunity on tk:: part
of the City administration and the Council to review the said
right and eligibility of the developer to proceed without literally
complying with the requirements of the Flood Plan Ordinance No.
74-50, and the same came before the Council at its Study .Session
Meeting of September 16, 1974, whereat there appeared representa-
tives of the developer in support of a request for removal of the
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stop work order and subsequent i
q ent thereto, the developer has sub-
mitted further documentary evidence is support of the developer's
position and the Council further finds that the developer has in
all manner of things proceeded in ,rood faith and has met the
(' following criteria and tests established by the Supreme Court of
\ the State of Oregon in the case of Clackamas County v. Holmes,
265 or. 193, to establish vested non-conforming; rights to con-
tinue the development and to put the Englewood area to use for its
intended function:
(a) That the developer has proceed in good
fait h;
(b) That the Planned Residential Development
Is an integrated unit and entitled to
be considered as such in the evaluation
of its non-conforming pre-existing rights;
(c) That the development not only Involves a
substantial initial investment but as
well actual expenditures in pursuance of
the project prior to the adoption of Flood
Plain Ordinance Jo. 74-50, totaling
approximately
(d) That substantial progresskas been heretofore
made with respect to said undertald.ng, includ-
ing; but riot limited to the matters hereinabove
set fortis.
NOW, THEREFORE., in consideration of the foregoing findings,
EE IT NESOLVL:D by the City Council of Tigard:
(1) That Commonwealth Properties, Inc.has acquired a
vested right to continue the development and use of said lands
in accordance with the plans and approvals heretofore giv,,n by
the City without further application for variances or exceptions
which would otherwise arise pursuant to the Flood Plain Ordinance
and said lands are hereby subject only to the pre-existing non-
conforming Planned Residential Development approvals exclusive
of the requ3rem.ents of said Flood Plain Ordinance Ido. 74-50.
(2) That the stop work truer heretofore issued by the
City of Tigard with respect to said preoject be and the same is
hereby removed.
PASSED by the Council thls__,2_1_day of September, 1974.
Recorder f Tiga
r
ATTEST.
��1�, �/ ffit�'t
Mayor. - city f Tigard/
2 - RESOLUTIOId NO. 74