Ordinance No. 81-53 L jajyy
t
CITY OF TIGARD, OREGON
ORDINANCE NO. 81-
AN ORDINANCE APPROVING THE PLAT OF DALE'S GLENN, BUT MODIFYING THE
CONDITIONS OF APPROVAL IMPOSED BY THE TIGARD PLANNING COMMISSION. '
By Ordinance 79-44 of May 21, 1979, the City Council zoned
this property R-5 Single Family Residential. In May of 1979, the
owner applied for a zone change from R-7 to R-5 and proposed a r^
sixteen (16) lot subdivision. The Planning Commission approved
Zone Change 22-79 on June 19, 1979, and the Planning Director
approved Subdivision 3-79 on August 14 , 1979. The zone change
(i,C 22-79) was forwarded to the City Council and was approved on
August 13, 1979 by Ordinance 79-64.
At this Council meeting, the conditions of development were
modified. Staff had asked that SW 94th be completed through from
SW North Dakota to SW Greenburg. Council changed this requirement
and asked that a cul-de-sac be installed at the southern boundary
of the proposed subdivision.
Following these actions, the developer failed to make signifi-
cant improvements to the property within one (1) year. Therefore,
under Tigard Subdivision Regulat awns, subdivision approval expired.
The new landowner, Falcon Construction Co. , applied for subdivision
s review. A staff report was prepared approving the subdivision with
' conditions, One condition was that a street barrier be installed on
94th to indicate that it would connect with Greenburg Road at a later
' date. This condition developed following consultation with the
Public Works Director.
The property owners in the area were notified of the proposed .
action and an appeal was filed regarding the condition that SW 94th
:. be a through street.
The Planning Commission denied the appeal on June 2, 1981. On
June 22, 1981, at the request of neighboring landowners, the Council
initiated an appeal under Section 17,05.070 of the Tigard Municipal �=
Code regarding a request to retain Condition #3 to the rezoning
approved by Tigard Ordinance 79-64. The Council has decided to
}f.. approve the subdivision, as previously approved by the Planning
,., Director and Planning Commission, but to retain Condition #3 of
Tigard Ordinance 79-64, based on the findings and conclusions listed �+
below.
' NOW, THEREFORE, the City of Tigard ordains as follows:
Section l: Findings of Fact:
1. The only issue raised by the appeal to the Planning
Commission and to the Council was the cul-de-sac condition proposed
ORDINANCE NO. 81-02
Page 1 of 3
asart of Tigard Ordinance 79-64 or, alternatively, whether the
P g
subject parcel should be rezoned from an R-5 to an R-7 classification.
2. There has been no request to initiate an amendment to
Tigard Ordinance 79-64 by the landowners in the area, the Tigard
Planning Commission, nor this Council. Hence, that ordinance,
with the conditions thereto, remains the legislative policy of
the City of Tigard.
y y the
believes the testimony submitted b '
3. The Council
opponents and the Public Works Director that a through street in °
this area could not now be constructed on SW 94th near the subject .
site, due to lack of funding to do so on the part of the city,
lack of adequate street width to meet city street standards, and
lack of development activity which would allow for conditions of
approval that SW 94th be dedicated and improved as a through street.
Section 2: Conclusions of Law:
1. As indicated in Finding 3, above, a through street cannot
now be constructed in the area of the proposed subdivision. The
applicable Tigard Comprehensive Plan shows a through street; how-
ever, the cul-de-sacs proposed are not inconsistent with that Plan,
due to the present and forseeable inability of the city to put a ``
through street in the area.
2. The Council further concludes that, consistent with
Condition #3 of Tigard Ordinance 79-64, any r-odificatio-^- of that
condition would require a new public hearing opportunity and an
amendment of that condition by ordinance of Council. Barring such
hearing opportunity and amendment, the condition requiring a
cul-de-sac at this portion of SW 94th remains city policy.
3. The only State-Wide Planning Goals applicable to this
matter are Goals 2, 11 and 12. Regarding Goal 2, the Council
determines that, given the city Comprehensive Plan and the nature
of possible improvements in the area, that this solution is the
only feasible one to the Council at this time. Regarding Goals
11 and 12, the public facilities and improvements proposed are
consistent with the level of improvements which are feasible to ,
the Council at this time and do not preclude further improvements p,
being made upon changed circumstances. Therefore, insofar as is
possible, an adequate level of urban services and facilities are
provided to the subdivision and the most safe, efficient and
economic transportation system, consistent with fiscal realities :
of the city is provided. `
4. The Council finds no error in the determination of the
Planning Commission and Planning Director in this matter, other
than the modification of the condition imposed by the Director and
Commission regarding provision of SW 94th.
C
ORDINANCE No. 81- s
Page 2 of 3
Section 3: Order. With the exception of reaffirming Condition #3
of Tigard Ordinance 79-64, as applied to the subdivision
request in this matter, the decision of the Planning Director and
Planning Commission is affirmed.
Section 4: This ordinance being necessary to assure the stability of
the neighborhood affected by this proposal and to allow
the applicant to process this matter without undue delay, an
emergency is hereby declared and this ordinance shall take effect
upon its passage by Council and signature by the Mayor.
PASSED: By s,,; vote of the City Council this 2274- day
of June, 1981.
Recorder - City Tigard
APPROVED: This Qom' day of June, 1981.
Mayor - City of Ti4ard
x
ORDINANCE No. 81-
Page 3 of 3