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Resolution No. 74-24 ` RESOLUTION NO. RESOLUTION ADOPTING POLICIES REGULATING THE USE OF LAND AND STRUCTURES IN AND AROUND THE CITY OF TIGARD OREGON UNTIL COMPLETION OF THE CRAG REGIONAL COMPREHENSIVE PLAN OR UNTIL JULY 1, 1976, WHICHEVER COMES FIRST, AND ESTABLISHING PRIORITY USES FOR THAT PURPOSE. LT WHEREAS, The Tigard City Council finds that it is desirable to adopt certain policiesrelating to the orderly development of land within and surrounding the City of Tigard. NOW THEREFORE BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS: Section 1. Short Title. These policies shall be known as eiTigard Interim Development Policy". Section 2. Purposes. The purposes of these policies are: to encourage development on vacant lands lying within already developed areas where urban servi—s, including but not limited to, sanitary sewers, water, streets, storm drains and parks, are available; to eliminate the uneconomical expansion of public services into undeveloped areas and thereby lessen the degree of urban "sprawl" and encourage better utilization and a higher er_000min return on existing facilities; to make provision for necessary growth- and expansion in an orderly manner in certain presently unincorporated areas; to preserve the available options in community development patterns until regional and local comprehensive plans are adopted; and in general to promote the public health, safety, and general welfare. Section 3. Definitions. As used in these policies the following words and phrases, unless the context otherwise required, shall mean: 1) Building: a structure built for the support, shelter or enclosure of persons, animals, chattles, or property of any kind. 2) CRAG: Columbia Region Association of Government 3) Development: The clearing or use of land and/or the building of the structures upon the land. 4) Emergency: Any occurrence formally declared by a unit of government to be a threat to the health, safety and general welfare to the public within its jurisdiction, and confirmed thereto by procedures set out in these policies. 5) Lot: A parcel or tract of land which is occupied or may be occupied by a structure together with the yards and other open spaces required by city ordinance 6) Lot area: The total horizontal area within the lot lines of a lot. Resolution No. 74-, C e . 7) Lot Line: The property line bounding a lot. B) Public: Owned by a unit of government with admin- istrative powers granted under the laws of the State. 9) sewer, sewer system or sewerage: Pipelines or conduits, pumping stations and force mains, and =11 other structures, devices, appurtenances ( and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. i 10) Structure: That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground. 11) Use: The purpose for which land or a structure is 'i designed, arranged or intended, or for which it is occupied or maintained. 12) Water Supply: A source of water and distribution system which supplies water for drinking, culinary, j or household uses and where such water is available for consumption by the general public. Section 4. Intent of Policies. A lot may be used and a structure or part of a structure constructed, reconstructed, or altered only as these policies intend. Section S. Classification of Priorit7 Areas. For the purpose of these policies the City of Tigard is } divided into areas designated as follows: PRIORITY AREAS ABBREVIATED DESIGNATION i First or highest priority ! development area 1 f Second priority development area 2 i Third priority development area 3 Fourth priority development area 4 Fifth priority development area 5 Sixth or lowest priority development area 6 Section 6, Location of Prierit Areas. The boundaries of the priority areas zstad in E policies are indicated on the attached Development Priority flap dated 4.rw i/a, /a7./, which is hereby adopted and made a part hereof. S The bounds may be modified in accordance with the guidelines described by the attached exhibit "A" and made a part hereof. i .'., Resolution No. 74--.?.4 _ N-' x� b � Section 7. Priority Area Maps. Amendments to the DevelopmentPriority Map adopted pursuant Section 6 of this Resolution, may be made by the Tigard City Council. The map amendmentshall be dated with the date of its approval by the City Council. A certified print of the adopted map amendment shall be maintained without change in the Tigard City Hall and an additional certified print of said map amendmentshall be forwarded to CRAG as long as these policies remain in effect. Section B. Priorit Area Policies. The policies described within Section , herein shall apply to these �. Priority Development Areas defined by Section 6 of this Resolution, Said Priority Area Policies are described by attached Exhibit "B" and made a part hereof. Section 9. Priority Area Boundaries. Unless otherwise specified, boundaries are lot lines of the center line of streets, alleys, railroad rights-pf-way, or such lines extended. Where a boundary divides a land parcel under a single ownership into two areas, then the entire parcel shall be deemed to be in the less restrictive area. Section 10. Com lection of Building. Nothing contained in t e e olicies shall require any change in plans, construction, alterations or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of these policies. Section 11. Exce tion for Lots of Record. If a lot or con iguous o s held in a single ownership, as recorded in the office of the county clerk at the time of the adoption of these policies, has an area less than the minimum policies for the Priority Area in which the property is located, the holdings may be occupied by a use that would otherwise be allowed under the policies of the Priority Area. Section 12. Impact Analysis Review. Where an impact Analysis is required under these policies, at least 5 copies of the I�paut Analysis shall be submitted to the City by the applicant 20 days prior to the issuance of a building permit. At least 3 copies shall be submitted to CRAG for review. Section 13. Interpretation. the provisions of these policies shall be held to be the minimum fulfilling their objectives. Where the conditions imposed by any provision of these policies are less restrictive than comparable conditions imposed by any other provisions of these policies or of any other policies, resolutions, ordinances, or regulations, the provisions which are more restrictive shall govern. NOW, THEREFORE, BE IT RESOLVED, `y the Tigard City Council o,' the City of Tigard that the Interim Regional Development policy, as described herein is hereby adopted for the purposes stated herein. APPROVFD this I(_ day of F�r,n p , 1974. Mayor ! ATTEST: City / ecor er Resolution. No. 74-,27K_ y ♦ INTERIM REGIONAL DEVELOPMENT POLICY Exhibit "A" Section 6. Location of Priority Areas. Written Description PRIORITY DEVELOPMENT AREA 1 CA. Areas where hookups to public sewers are available without £urthwr. construction of interceptors or trunk lines (exceeding 8" in diameter) or force mains. B. Areas where construction of interceptor or trunk lines are funded (funds have been appropriated) or assessments levied, thus permitting hookups to public sewers prior to July, 1976. PRIORITY DEVELOPMENT AREA 2 A. Areas that are unsewered but already predominantly occupied by industrial, commercial or residential uses, or where gross population densities generally exceed 1000 persons per square mile. B. Other unsewered areas substantially surrounded by lands already urbanized. C. Areas within the corporate limits of a city. PRIORITY DEVELOPMENT AREA 3 A. Areas not significantly urbanized, but are contained within a water district or association and are contiguous to the corporate limits of a city and public sewer hookups could be made without constructing new interceptors, trunk lines (exceeding 8" in diameter) or force mains. B. Areas not significantly urbanized, but located in a water district or association and sewer interceptors or trunk lines (which will eventually permit public sewer hookups) are designed and programmed, with construction to begin prior to July, 1976. PRIORITY DEVELOPMENT AREA 4 A. Areas in which hookups to public sewer systems are not available but area is located in a water district or association, and land use zoning permits industrial or commercial structures and/or uses, or residential structures on lots less than one (1) acre. PRIORITY DEVELOPMENT AREA 5 A. Areas not located-in a water. axstrict or association, and hookups to public sewer systems are not available but land use zoning pern.:ts Industrial or commercial structures or uses or residential structures on lots less than one (1) acre. PRIORITY DEVELOPMENT AREA 6 A. All remaining areas not included in Priority Areas 1 through S. INTERIM REGIONAL DEVELOPMENT POLICY Exhibit "B" Section B. Priority Area Policies. Written Description PRIORITY DEVELOPMENT AREA 1 A. Current requirements for development apply. All federal, state and local standards must be complied with. PRIORITY DEVELOPMENT AREA 2 A. Current requirements for development apply. All federal, state and local standards must be complied with. B. The extension of sewer within the City limits will be allowed. The extension of sewer beyond the City limits will be allowed only to the extent that an area is either annexed or that findings of fact according to standards set by the City of Tigard show that such extension are needed to alleviate health problems or other emergencies and that additional development will not be allowed. C. Formation of or changes in jurisdictional boundaries may be allowed. PRIORITY DEVELOPMENT AREA 3 A. Current requirements for development apply. All federal, state and local standards must be complied with. B. The extension of • ar beyond the City limits will be allowed only to the extent that an area is either annexed or that findings of fact according to standards set by the City of Tigard show that such extensions are needed to alleviate health problems or other emergencies and that additional development will not be allowed. C. Formation of or changes in jurisdicational boundaries may be allowed only to the extent that findings of fact according to standards set by the City of Tigard show such actions support the intant of this Interim Development Policy and adopted Regional Goals and Policies set forth in PLANNING IN THE CRAG REGION: AN APPRAISAL AND NEW DIRECTION, a CRAG publication, or are needed to alleviate health problems or other smargencies. D. No new subdivision plats will be approved, but partitioning of two (2) or three (3) lots per year will be allowed to the extent that necessary public facilities are available. E. The City of Tigard shall find that these criteria have been met prior to issuing permits. F. Where zona changes, preliminary subdivisions, or planned units // developments have been approved by the City prior to the 5:... adoption of this Interim Development policy, and where the appropriate agoncy has stated in writing to the City that sewer and water service can be provided, the development will be permitted. 'lti 3 I' PRIORITY DEVELOPMENT AREA 4. ` A. Current requirements for development apply. All federal, state and local standards must be complied with. S. The extension of sewer beyond the City limits will be allowed only to the extent that an area is either annexed or that findings of fact according to standards set by the City of Tigard show that such extensions are needed to alleviate health problems or other emergencies and that ' additional development will not occur. C. Formation of or changes in jurisdictional boundaries may be allowed only to the extent that findings of fact according to standards set by the City of Tigard show that such actions supportrthe,-intent..of:.this_Iotebim Development Policy and adopted Regional Goals and Policies set forth in PLANNING IN THE CRAG REGION: AN APPRAISAL AND NEW DIRECTION, a CRAG publication, or are needed to alleviate health problems or other emergencies. D. No new subdivision plats will be approved, but partitioning of two (2) or three (3) lots per year will be allowed to the extent that necessary public facilities are available. E. Except for lots of record on the dates that these policies are enacted, building permits for new structures will be issued only on tracts or lots of five (S) acres or more. Evidence that sewage disposal methods have been approved by the appropriate agency or jurisdiction must accompany building permit applications. F. Development must be served by a water supply system approved by the appropriate state, federal, city, or county agencies. G. Applications for conditional uses or community service use proposals will be approved only if accompanied by an impact Analysis which documents or substantiates the following: a public need for the service faciliuy exists. ° positive and negative envirrnmental and economic i.-.pacts are detailed. ;° the proposed project does not conflict with the intent of this Interim Development Policy. ° the land is best suited for this proposal as opposed to other lands within higher Priority Development Areas. H. Where zone changes, preliminary subdivisions, or planned I unit developments have been approved by the City prior to the adoption of this Interim Development Policy, and where the appropriate agency has stated in writing to the City that sewer and water service has been approved, the development will be permitted. PRIORITY DEVELOPMENT AREA 5. A. Current requirements for development apply. All federal, state and local standards must be complied with. B. No new subdivision plats will be approved, but partitioning of two (2) or three (3) will per year will be allowed to the extent that necessary public facilities are available. C. No annexations, incorporations or utility extensions will be approved prior to July, 1976, unless such actions are substantiated with a finding of fact according to standards set by the City of Tigard, that it is needed to alleviate a health problem. D. Except for lots of record on the date these policies are enacted, building permits for new structures will be issued only on tracts of 20 acres or more. Evidence that sewagey dizposal methods have been approved by the appropriate agency or jurisdiction must accompany building permit application. E. Development must be served by a water supply system approved by appropriate federal, state, city or county agencies. F. Applications for conditional uses or community service use proposals will be approved only if accompanied by an Impact Analysis which documents or substantiates the following: ° a public need for the service facility exists. positive and negative environmental and economic impacts are detailed. # ° the propoccd project does not conflict with the intent of this Interim Development Policy. ° the land is best suited for this proposal as apposed to other lands within higher Priority Development Areas. . H. Where zone changes, preliminary subdivisions, or planned $: unit developments have been approved by the City prior to . the adoption of this interim Development Policy, and where the appropriate agency has stated in writing to the city that sewer and water service has been approved, the development will be permitted. PRIORITY DEVELOPMENT AREA 6. A. Current requirements for development apply. All federal, state and local standards must be complied with. 8. Except for lots of record on the date these requirements are enacted, building permits for new structures will be issued only on tracts of 38 acres or more. 3. C. A moratorium will be placed on all zone changes, new subdivision 4;, plants, service extensions, land partitioning, new service : road construction by city or county agencies which tend to increase propulation density or land use intensity prior to F* July, 1976. ;,_ ;:�4�j D. Applications for conditional -a=as or community cervica use proposals may be approved only it accompanied by an Impact Analysis which documents or substantiates the following: ° a public need for the service facility exists. • positive and negative environmental and economic impacts are detailed. • the proposed project does not conflict with the intent of this Interim Development Policy. • the land is best suited for this proposal as apposed to other lands within higher Priority Development Areas. E. Where zone changes, preliminary subdivision plats, or planned unit developments have been approved by the city prior to the adoption of this Interim Development Policy and where appropriate agency has stated in writing to the city or county that sewer and water service has been approved, the development will be permitted. F