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ZOA2-74A POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. • • LI U • ..,.,.,.,,.��u...*,r.+>,+..me.h,'rr;,,�J.ti ..m....�—c�„a.tm�.n�..,,k.6 N,rrr- hewsr....o.....«nk+l«1L.,..,._;...a..Y..kr...�...i«+Y:��,_.^-.�..,.;:�. a�i.....m... ._..i._..ilLwc:H M1»,,..,i �a i w,y• .: .. 00 AMENDING TITLE 17 (SUBDIVISION) m WITH RESPECT TO PROCEDURES RE$UIREMENTS CONC. SUBDIVISION MLP'S 1 t 5.!jy 1^�+,SAi,.-?�� tf(�r.,l;{A�,r{ }h/.�,`.?..�� J 11Ar5'�'Pt.AtYjr�trF.�',iy r.J{' t"r�r.�,r�Y"N�.A... �iA.�w•�t�i Zone Ordinance Amendment (ZOA 2 (SOA 2-74) • • • • • 0 ihrC • • • • • • • • • • • , •• . , ',I , • • , ' • At"' ‘'.-f' C ( ( , 4 ' 4. kk k CITY OF TIGARD, OREGON /7 r 4, ORDINANCE NO. 74- ) . , . AN ORDINANCE AMENDING AND SUPPLEMENING TITLE 17 OF THE 'I. TIGARD MUNICIPAL CODE AND CERTAIN CHAPTERS THEREOF WITH RESPECT . TO PROCEDURES AND REQUIREMENTS CONCERNING SUBDIVISIONS, MAJOR LAND •. PARTITIONS AND MINOR LAND PARTITIONS, FIXING EFFECTIVE DATE AND • DECLARING AN EMERGENCY. . . .. . THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 17.24.010 .of Chapter 17.24 (Minor Land , Partitioning), Tigard Municipal Code, be and the same . is hereby amended to read as folloWar • . , "17.24.010 Definitibkand General Limitation. "Minor Land . . Partition" means a partition that is subject to. approval by , the city under this title that does not include creation, of , . a road or street.. "A tract of land or contigUoUs tracts under a single ownership within the city shall not he partitioned into .. tWo or more parcels for transfer. of oWnership, development or for any Other purpose so as to conflict with the require- merits of this title. Minor land partitioning shall not be Undertaken except as herein provided after compliance with ProcodUres set forth in Sections 17.24.020. through. 11.24.050," IA Section 2 . That Section 17.24.030, Tigard MUniciPal Code, he and thd tame ishereby amended to read as follows4 4.. :J .i, 111,111,21.5.9 Sketch map- Submission to Planning oottiesion. ,...............L............ ..4 A sketch map shall he submitted to the planning camp. . mission for review and determination that the proposed .. ' minor land partition shall be consistent With the compre-: • • herksive development Plan. If the prOPoSal includes or • . should the planning commission reqUire, thd dedication of 1 I land and easements for roads or streets,. the proposal . . Shall not be processed as a minor land partition but may . “ . only be, resubmitted pursuant to requireMenta of this title With respect to Major land partition or 60bdivision." Section. ; That chapter' 17.28 - Streets ',-. of the Tigard Municipal Code with:respect toSectioh 17.28i-,010 theredf, be and the same is hereby amended to read as follows . . . '17628.010 Creation of streeta or, roadsaid conditions thereof, "(a) The final plat shall provide for the dedidation of all streetfor Which approval has been given by the planning commission or the city council. APpro val of the cfinalplat shall cdhstitUte accePtahce of the street dedi- a onS thereon Set forth. "(b) Creation of all Streets Shall be in conformity wth ith e reqUireMents for eubdivieioh or major partitioning, EXCEPT L. HOWEVLH, that the city council may approve the creation Of a street by deed of dedication without full compliance with the regulations applicable to subdivicione Or Major Patitioh8 if any ohe or more of the following conditiOnt Are found by the city council to be present 11 . Page I - Ordinande No. 74' .- ,-. --, . V* 4 1 .. ..Lv.WwfiJiA.. MYYu+�.Y+..aL..„...„. t ,y T1 a '''-.. g +� t 1 . . , "1. Establishment of a street is initiated , by the city council and is found to. be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in estab- lishing the road or street for .public use. "2, The tract in which the road Or street Is to ' be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the plan- fling commission.to the city council based on a finding . that the proposal is not an attempt to evade 'the' pro-- visions of this title governing the control 'of sub-: divisions or major partitions. ; "(c) With each 'application for approval: of a road or ` street not in full compliance with. the regulations applicable . to subdivisions or major partitions,' the proposed deed of dedication in proper legal form shall be submitted along with the application at least 21 days prior to the Meeting at which the planning commission is to consider the same. 11 The applicant 'shall submit ;such additional information and justification as may be necessary to enable the planning commission in its review to, determine whether or nota recommendation for approval thereof by the 'city council "shall be made,' and such recommendation, if any, shall be based upon a finding that the proposal is not in conflict , with the objectives of this title. The planning commission in submitting such 'proposal, with a recommendation to the city council may attach such cohditlons as the 'planning commission may consider necessary topreserve the standards of this title,. All deeds of dedication Shall be 'in form prescribed by the city and shall name 't'The City of Tigard, Oregon° or "The .Public° whichever the city may •require, as grantee.'" Section 4 That Chapter 17. 8 . Variances of the Tigard Munic- ,; p �4 .. ipal Code,' and Sections 17.48.010, 17.48`.020 'and 17.48.030$ be and the .same are hereby amended to; read as follows: '.' .4 1 .. P Application for Y^ 17'. B.OIC' ; A plication' "for 'ea�ce tioia a variance pmayr bedmad�$with respect to a ro ose -. division w p �' d sub , minor artitioning, by filing . .._ pp a request for same with the 'ci.t'q� recorder. Such a lica- �;, . rl cts Upon which petitioner. ' rAsclosu.re of all. image-' ial fa. p. .. proposes to rely in seek. on Shall,be .suppar ed by a ul l iang such varianceincluding a copy of tentative map or 3 plat of the proposed partitioning or subdivision. '4' "tach application for variance from the standards and requirements of this title 'shall be scheduled for hearing ' hing normal course of matters oo ing before the city plan= ±ng commission, but in any event, shall be heard within 60 days atter the fiii.ng of the application for such v'aria dew "Notice Of such hearing shall be given as provided by Section 18,85,051 Tigard municipal Code and the hearing shall be subject to and conducted in the manner provided 11 in chapter 18.85 "Procedures and Requirements for hearings° Of the Tigard Municipal Coder I Wage, 2 `' Cx,dinctnoe $o. 7'4-_,; 6 ♦*' 1» .u..M 4 s • » ay 4. ....1 a 1 I.Y.,:1 s,n.. Y. ,.;.yrc:.....w..---... -----�- W.•. «.��r.-•-.�_� _�� - ��. yam...� � _.� ,' '...- i.i- 4 . i ,i,_. t c ,.. - . . .. . 1 ,,, "17.48.020 Findings required. A variance from the stan- dards of this title shall not be granted by the planning commission unless the commission shall find from the facts presented at said hearing all of the following: "(1) That there are special circumstances or cone ditions ,affecting the property which are unusual and Y peculiar to the lands or development of the project in- volved as compared to other lands similarly situated. r'(2) That the variance sought 'is necessary and the minimum required for the preservation and protection of a substantial property interest of petitioner to the degree ' '` ' that extraordinary hardship would result from strict 'com-K pliance `with the regulations of this chapter applicable ' ' . to the particular subdivision, major or minor partitioning involved ti( ) That the 'granting of the variance will not be detrimental to the' public health, safety or welfare but ` • will be' 'consistent therewith and shall not be injurious ,-- to the rights' of other property owners in the near vicinity nor constitute •a departure from or be In violation of the comprehensive plan of the City of Tigard. "(4) That the 'applicants proposal for variance In a subdivision or major or minor land partitioning conforms to and is consistent with all other regulatory requirements . : of Titles' 17 and 18, Tigard Municipal Code,' that adequate provision is made for traffic circulation, -recreation, open spaces 'and similar factors, and that variance sought has been considered by Other publicagencies' concerned With fire pro- . teetion, sewer, water, and other utilities, as well as envf-- ronmental factors, and the written comments of such regula- • tory bodies as applicable is submitted as part 'Of the record. �IB030 . Granting 'or denial: of variance..' ' Ytt l- 1 "(a) .•er^Tieara.ng ' n ormulating findings, the plan-. .., ting commission shall adhere substantially to the objectives Of the particular regultions from the 'effect of which the . variance is sought tive".or other use covenants as may be requiredquire to rsure ' (b) The 'planning commission may re ` to assure , onformity to and achievement 'of the public interest' :objed- t ivies inherently involved in the proposal, tt(d) The findings hall be reduced to writing and the • p• : facts' in' support •of the approval or denial of the 're ues art :cular • q t shall be fully set forth. The variance, if ,; grante'dy shall be •specifically defined and fully described ' together with 'all Conditions, limitations or additional rem r'. quirenents clearly designated tend ��rial��e r�avaliar na�bysmotian��rat its option, ex-- ii (d) its recomen and , l� The eouniil may,•. . p ridings �;o the city cnunci • dai,ions fi after review of the record, findings and determination of the planning commission, amend, rescind Or affirm any action previously' taken by the planning cotnrnissibn: r e -+ )rd: nahaeow741- " �a«w,m.wwy..},rn PSA YtI..,y5,x^+atrmMrvY...r»w••..-.......,......r-..._ r»� +..• .•r..-.-r..p.+.r.wMw...M.rv.nvt.eywN1'4 rtRt'.n Mw Lr.Yr ., - .. . . . ' • ___Air ( 1 .., . , - ,,,, ' 0,•. ,,. r k,. .. , . . , ,. . "(e) , The city council may on it own Motion reView. the ' ..I , proposed variance and any action taken thereon bY the plan- . ning commission in 'any case; Provided that, the Action of the : ..'t planning commission shall be final unless appealed to the-city council or unless a motion by the coincil to reviewthe action of the commission shall be adopted at the council meeting next following the determinatiOn by the 'commission. ,. . "(f) Appeal to the city council from any determination of : the city planning commission on a variance proposal may be' : • taken by notice served upon and filed With the city x'ecorder Within 10 days after the 'date of the.. .determination from which ' the appeal is taken." . . , . . . Section 5 That 'Chapter 17.48 of the 'Tigard MuniCipal Code be and' , the same is,' hereby amended and suppleMented to. add . thereto Section 17.48'.046, reading as-follows: • . • . 17118.040 , A..roval of variance in .,lanned development. r : . . . distr C't'_zo:11:ng12;t191g.,' • , in connection with an aPPlicatiaiTY6F'757157.57.1TarTII.(51.iiiient district zoning, . , . variances' from the standards 'of Title 17 of this 'Code have :been , sped ifically requested, considered b the planning coMmission. ,-, and recotmended to. the 'city coUndil and spedifically' Approved _ as part 'of the Planned development district' zdhing applica- tion Under. Title 18. of this OOde,'. additional proceedings unde Sections 17.48.010 17 4a 020 and 17,148.030 Shall hotHbe re...: quired„ provided that the requirements 'of Sections 17.118,01o, . _ .020 and .030 „shall bd applicable to any variances' not ..spedi- , fically so' approved or which may be 'sought' by the' 'applicAmb after approval by the ,city council of the' planned development district 'application." • . , . . Seetion 6: That Title 17 Of the Tigard Municipal Oodebd,', and the same Is, hereby amended and euPplemented to' add thereto Chapter 17.50 entitled °Fees° and Section 17.50.010theedf reading as folloWs.: • tt0haptei4 17450 '. FEE8 . . 017,5.0',1).i0 '. or the 'ptirpoto of partially defraying the .. '65ED76717geirrieceeiatily arising from or incident to investiga- • tiOn - eValuatinn and prodeeSing of applications Tor SUbdiVi-, , , . sion knajor pArtitinning,,,MinorpartitiOnihg. and. variances,' , • including the. 'coSt. !of public notices' and hearing b incident !. . „ , 4 A • thereto the folbwihg fees arepreseribed and reqUired to be. . 2 . paid to the 'OitY at the 'bite of filing SuCh 'applicatiOns: la subdivision Platt $50i00 plus 1100. "TOr each lot in the Proposed sub,..: division in excess 'of 50 lots 4 , 24 Major land Pdt'eibioftihgt $50 '00 '"...',.., ,.. ,* ; IL •: ; . • i'.• .,„i! ...,,.,-!,.. . „ : ..,....a..,- . 1%.r,t 0 '. , ' „ .. .. ,11 ' ... .. . 8, MinOr land Pbxtitioniti $ 50,00 , , 4, Vatilatidet $75,00 . ... • . •, f Pagg It -, ordihance . . , . I :. .......mlaifiammaimammmammw ' � r Y .. ---it aln...-�at.:t+. lia y.J.►..a�..__� ._ .: �:,i.n,,..n,r — _ �.rrr. ,,.,. , .. ,.., M . / i • 1 • Sect, Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the provisions of the Tigard Municipal Cade relating to subdivis•ionrs-; major land partitions and ' and amendments partitions be brought into conformity with the statutory provisions minor and pby gSession, emergency adopted the 1973 Le islative an emer enc' is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and approval by the Mayor: rr. , 1 PASSEbt By unanimous vote of all Council members present, after being read three times by number and 'title only 7 day bi. ,�u. ., 1974 r. Th . Recorder e. City of Tigard r;,� I APPROVED: By the Mayor this 2' .. day ofa , ,,l4„ ,,e• , 1974, i l.i .in ` ,V Mayor - ,City of Tigard t ' C. 0 • Yj' ;1 • r4f . i , • i I • • - mage 6 OftbiNANdt Noi 144 ' ...... ...•r4•++•rYraww+rmaY iWWsHly nAro MMyYmr•,Y ..a x-ir.rye Y.r.. ..«.M.niigkiiiiiiiimmiTh,u .r. y ... . .f r .v r r.. .. ..