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Ordinance No. 77-03 CITY OF TIGARD, OREGON ORDINANCE NO. 77-3 AN ORDINANCE DELEGATING TO THE CITY COUNCIL, PLANNING COMMISSION, AND DESIGN REVIEW BOARD POWERS TO REQUIRE THE DEDICATION OF LAND FOR STREETS AS CONDITIONS. OF APPROVAL OF LAND DEVELOPMENT; REQUIRING CITY APPROVAL OF RESIDENTIAL DEVELOP- MENT PROPOSALS AS CONDITION OF BUILDING PERMIT, FIXING AN EFFECTIVE DATE AND DECLARING AND EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: WHEREAS the City Council has recognized by its Resolution No. 77-23 the need for coordinating street planning and development and other land use decision, and by that resolution announced its intention to implement the policy outlined there by granting certain powers to the City Council, the Planning Commission, the Design Revizw Board, and the City's Staff, NOW, THEREFORE IN ORDER TO IMPLEMENT THE POLICY DESCRIBED IN RESOLUTION NO. 77-23, THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS: Section l: When the City Council, the Planning Commission, or the Design Review Board has before it any application for a land use decision, the decision-making body shall, before granting any change or permit consider whether the application asks for a change or permit for the alteration or development of property in such a way as to create any likelihood of increased or altered use of any street adjacent to the property. For the purposes of this section it shall be presumed that any new development of land upon which no structure had previously been built, any alteration of an existing structure adding° 20 percent or more to the floor space of the structure and any change in the commercial use of land to a use the decision-making body finds to generate more traffic presents such a likelihood. Section:.2: Upon making the finding of a likelihood of increased or altered street use, the decision-making body shall consider whether the dedicated street width at the location is adequate at the time to accommodateboth the existing traffic and such traffic as the street may be expected to be required to carry in the foreseeable future, and in making this determination the decision- making body shall consider the planned street width as set forth in the Tigard Community Plan, the adopted 'Neighborhood Plans and the Tigard Municipal Code, and shall not regard as satisfactory any width less than that planned width, except upon a showing of extraordinary circumstances making it clear that the planned street width is inappropriate. Section 3: The decision-making body shall then require that the owner of the land which is the subject of the pending application do whichever of the following seems to the decision-making body to best meet the needs of the community: i i t � z F a. Dedicate so much land as is required to make up the necessary street width, or b. Improve to standard so much of the street as the decision-making body may deem necessary, or c. Improve to standard one half the width of the street for as great a distance as the decision-making body may deem necessary. Except in cases in which immediate whole-street improvement is required, the decision-making body shall also require that the applicant enter into an agreement !! with the City by which the applicant shall agree that he will not remonstrate against a local improvement district street improvement project upon the affected street, and the city shall agree that the applicant shall be given credit against his portion of the costs of the street improvement project for the land dedicated and for the cost of improving any portion of the street actually improved to standard by the applicant. Section 4: Permits for the construction of single family dwellings shall be issued only after the City has examined the application for building permit to determine whether the proposed dwelling is to be built upon a street improved to city standards. The permit shall be given the endorsement of the city, indicating that the street upon which the dwelling is ,to be built has been so improved. In the event the street upon which the dwelling is to be built has not been improved to city standards, then the endorsement of the city shall be given only upon the applicant's dedicating the land necessary to make up the planned width of the street as set forth in Section 2 above and signing the agreement not to remonstrate, as described in Section 3 above, or if the applicant chooses and the city's staff acquiesces, upon the applicant's making the appropriate whole- or half-street improvement. Section 5: Inasmuch as it is necessary to protect the City of Tigard's interest l by coordinating street planning and development, and other land use decisions, 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 /4jh q ,�rd,, vote of all Council members present, after being read three times by number and title only this day of , 1977. Recoruer/- City o F 1gird { APPROVED: By the Mayor this day of , 1977 S Mayor - City of Tigard r 2 _ ORDINANCE NO. 77-3'