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Ordinance No. 74-03 5• ' CITY OF TIGARD, OREGON ORDINANCE NO. 74- 1 AN URDTi+iA ?tKLiruiivii AND SUPPLR�;I�NTINIG TITLE 17 OF THE 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 follow:: "17 24 olo Definition and 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 be partitioned into two or more parcels for transfer of ownership, development or for any otiier purpose so as to conflict with the require- ments of this title. Minor land partitioning shall not be undertaken except as herein provided after compliance with procedures set forth in Sections 17.24.020 through 17.24.050." Section 2: That Section 17.24.030, Tigard Municipal Code, be and the same is hereby amended to read as follows: "17.224.030 Sketch map- Submission to Manning commission. A sketch map shall be submitted to the planning com- mission for review and determination that the proposed minor land partition shall be consistent with the compre- hensive development plan. If the proposal includes or should the planning commission requir , the dedication of lend and easements for roads or streets, the proposal shall not be processed as a minor land partition but may only be resubmitted pursuant to requirements of this title with respect to major land partition or subdivision." Section 3: That Chapter 17.28 - Streets - of the Tigard Municipal Code with respect to Section 17.28.010 thereof, be and the same is hereby amended to read as follows: "17,28,010 Creation of streets or roads and conditions thereof. (a) The final plat shall provide for the dedication of all streets for which approval has been given by the planning commission or the city council. Approval of the final plat shall constitute acceptance of,the street dedi- cations thereon set forth "(b) Creation of all streets shall be in conformity with the requirements for subdivision or major partitioning, EXCEPT HOWEVER, that the city council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the city council to be present: Boor 224 PAGE585 Page '1 Ordinance No. 74- 3 r "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- ning 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- diyisions 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. The applicant shall submit such additional information and j ,justification as may be necessary to enable the planning commission in its review to determine whether or not a recommendation for approval thereof by the city counai.l 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 conditions as the planning commission may consider necessary to preserve the standards of this title. All deeds of dedication shall be in form prescribed by the city, and shall name "The City of Tigard, j Oregon" or "The Pu[,lic" whichever the city may require, as grantee." Section 4: That Chapter 17.48 - Variances - of the Tigard Munic 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: z 1117.48.010 Application for exception. Application for a variance may be made with respect to a proposed sub- division, proposed major or minor partitioning, by filing a request for same with the city recorder. Such applica- tion shall be supported by a full disclosure of a'_1 mate rial facts upon which petitioner proposes to rely in seek- ing such variance, including a copy of tentative map or plat of the proposed partitioning or subdivision. "Each application 'or variance from the standards and fff requirements of this title shall be scheduled for hearing in the normal course of matters coming before the city plan- ning commission, but in any event, shall be heard within 60 days after the filing of the application for such variance. "Notice of such hearing shall be given as provided by Section 18.85.051 Tigard Municipal Code and the hear' g shall be sub ect to and conducted in the manner provided in Chapter 1 .85 "Procedures and Requirements for Hearings" of the Tigard Municipal Code. BOOK 'U86 Page 2 r Ordinance No. 7$-' 3 "17.48,020 Findings required, A variance from the stan- dar s ort%`s 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: 11(1) That there are special cirr_.um,rannes or con- rm ditions affecting the property which are unusual and peculiar to the lands or development of the project in- volved as compared to other lands similarly situated. "(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- pliance with the regulations of this chapter applicable to the particular subdivision, major or minor partitioning involved. "(3) 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. 11(11) That the applicant's proposal for variance in a i subdivision or major or minor land partitioning conforms i 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 public agencies concerned with fire pro- tection, sewer, water, and other utilities, as well as envi- ronmental factors, and the written comments of such regula- tory bodies as applicable is submitted as part of the record. "17.48.030 Granting or denial of variance. aAfter ear ng; n ormulat ng indings, the plan- ning commission shall adhere sr.bstantially to the objectives of the particular regulations from the effect of which the: variance is sought. "(b) The planning commission may require subh 'restric•- tive or other use covenants as may be required to assure conformity to and achievement of the public interest objec tives inherently involved in the proposal. "(c) The findings shall be reduced to writing and the particular facts in support of the approval or denial of the request shall be fully set forth. The variance, 1f granted, shall be specifically defined and fully described together with all conditions, limitations or additional re quirements clearly designated. "(d) The planning commission may, at its option, ex tend final approval or may by motion transmit its recomen- dations and findings to the city council. The council may, after review of the record, findings and determination'of the planning commission, amend, rescind or affirm any action previously t,3:cen by the planning commission. emmi222 FAcE587' Page 3 - Ordinance No. 7t�- ��(e) The city council may on its own motion review the proposed variance and any action taken thereon by the plan- ning commission in any case; provided that the action of the planning commission shall be final unless appealed to the city a, I.o rev-ew the action council or unless a motion by the coUllUAA a of the commission shall be adopted at: the council meeting iiext 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 recorder 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 17.48.040' reading as 1117.48.040 Aroval of variance in Tanned development s or ret zn n n connection with an applicatia'n or a p an development district zoning, variances from the standards of Title 17 of this Code have been spec ifically requested, considered by the planning commission and recommended to the city council and specifically app as part of the planned development district zoning applica- tion under Title 18 of this Code, additional proceedings under W Sections 17.48.010, 17.48.0-20- anri 17.48,030 shall not be re- quired, provided that the require-ments ofvSections s noi:4speci= .020 and .030 shall be applicable to any fically so approved or which may be sought by the applicant after approval by the city council of the planned development district application." and the Section 6: see Titis,lherebye 17 fthe amended�and Municipalard dsupplemented addathereto "Fees" a^d Section 17-50.010 thereof reading Chapter 17.50 entitled as follows Chapter 17.50 FEES 1117.50.010 For the purposeof partially defraying the expel n� ses necessarily arizinoe from ofoapplicincident tofor vestiga- subdivi- tion, evaluation and processing sisn, mayor partitioning, minor partitioning and variances, the cost of public notices and hearings aincad�notP including and require thereto,'the`fo3Dwing fees are prise gibed paid to the city at the time of filing such applications: f 1, Subdivision plat: $50.00 plus $1.00 for each lot in the proposed sub- division in execcs mf 5n lots 2,r Mayor land partitioning: $50.00 1 g, Minor land partitioning: $50;00 $75:00 4. Variance: t W1222 MEW Page' 4 - Ordinance No.74- 3 a v� � 4 N s., 1 _e _ y i i Section 7: Inasmuch as it is necessary for the peacep health and safety of the people of the City of Tigard that the provisions of the Tigard Municipal Code relating to subdivisions-, major wand partitions and minor land partitions be brought into conformity with the statutory provisions and amendments adopted by the 1973 Legislative Session, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage #.... 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 fls' day of 1974. 1974. W (Oro tem Reeo d ra< City of Tigard Y APPROVED: By the Mayor this day of jS���, .r , 1974• Mayor ' , ty of Tigard WORM Page b —ORDINANCE No. 74- zz t t _ xhlbi� NDTE: IF THIS MICROFILMED DRAWING IS LESS CLE&R THAN � -- - _ _ ----- _ ,� � �- � -E � E �._� -�-_.-IP}�� i�j�i t �f ; � �l 1} •'! a tt€epi _ T ! t ! B. ! - — - � � � �-,-• �� � �' E i � � }7�11T�) �#�int ail cEi F•i���t8111sat.��t;atll�`a�l��l.:, __ _ v IT THE QUALTHIS ITY OF THE IS ORIGINAL I — — AM E To 1 . NMI t61C 62 ez L2 8Z _ sz >•� EZ ZE .P! 0i. st Bi Zl 81 sr *.d 8i— i t!— 4 l� c 9 s i B £ t - �clfiill01�i111�iN►�lill� �� A R C; VIA s-. 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