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Ordinance No. 72-03 0.'2DINANCE No. - CITY OF TIGARD, GREG0N Ali ORDIRANCE AIMENDING SECTIONS 8 and 9 of ORDINANCE No. 71-38 ADDING THi:IU= A MV SECTION NLRFEUR D SECTION 9A, 1Z'.LSCRILINu AN EFFECTIVE DATE AND DECLARING AN MERGENCY: The CITY OF TIGARD ordains as follows: Section 1: That Section 8 of Ordinance No. 71-38 be, and the sane is hereby amended to read as follows- Section 8: T`itat the City of Tigard does hereby declare a temporary moratorium with respect to the issuance of building; permits for new construction within that portion of the city of Tigard lyin within, the area described on the attachad. Fxhibit "A" and no buildinb permits for new construction withir. said area shall be issued by the City of Ti;ard prior to July 15, 1972 EXCEPT as hereinafter provided with respect to allowance of appeals by the City Council." Section 2: That vection 9 of Ordinance No. 71-38 be, and the same is hereby, amended to read as follows: "Section 9: That the moratorium shall be and remain in effect until July 15, 1972 or until such earlier date that the City Council has determined that essential improve-ments have been substantially ace - plished consistent with the Traffic Safety Program of Julie 23, 1971 with respect to vehicular tsaLic in the area above described and thereby the present and potential threat and danger to the peace, health, safety and welfare of the people of the area and the travellini; public have been substantially reduced and reasonably overcome, provided that the Council may authorize exceptions to the moratorium as hereinafter provided." Section 3: Ordinance No. 71-38 be, and the same is hereby, amended and supplemented to add thereto anew Section 9A reading as_follows "Section 9A: The City Council may authorize e9(ceptions to the moratorium imposed by this ordinance on that portioxi of lands described in Exhibit "All within the City on such conditions precedent as the.Cour_cil may deem necessary in the public interest. Application for exception shall be filed with the City Recorder in the form of an application for building permit(s) in full compliance with Section 270-3 of Ordinance - No. 70-3L, City of Tigard Zoning Ordinance of 1970°. In addition-to the other requirements of Sectioii 270-3 theappplicant' shall submit in narrative form a state- ment of ustification for the allowance of an exception to the moratorium, including but not restricted to a statement of special circumstances or conditions affecting the property or the applicant, and that the granting of an exception is necessary to avoid serious or extraordinary hardship_upon the applicant, and;a showing that gr;Anting of the exception shall not substantially impair the attainment of the purpose of the moratorium ar accentuate the threat to the peace, health, safety and welfare of the public and persons necessarily using S.W. Gsarde Street for normal travel purposes." Ordinance No. 3 ''Upon filing of an application for exception, a ?gearing shall be held by the City Council with respect thereto within 15 days after the filing, and notice of the hearing thereof shall be riven by one (1) publication in the Tigard Times, a newspaper of general circulation in the City, within the calendar week prior to the date -:f the hearing. "The decision of the City Council with respent to Y granting or denial $p the applicant's request for an exception shall be communicated to the applicant within five (5) days after such hearing." Section 4: Inasmuch as it is necessary for the peace, health, safety and welfare of the people of the City of Tigard and the area described in this ordinance that immediate action be taken to five effect to the matters set forth in this ordinance, and emergency is hereby declared to exist and this ordinance shall take effect, un_on its passage by the Council and approval by the Mayor. PASSED: By unanimous vote of all Co.mcil members present, after being react three times by number and title only, this v /0 DAY OF 5� �= ---' 1972 Recorder APPROVED: By the Mayor, this /c day of Lq 1972. MaVV t { 2, - tlydina;nce To. 72- �ti x' 6 �5 Ai r 4 1 �xtlzsxT ��' Those parcels Of Land in section 3 andSwct,ion 10, Tc-mship 2 South, Range 1 Hest, Willanmtte, meridian. Waghingtora County, Oregon, being more particularly described as foilown. PARCEL M. It The South 1900.0 feet of said Section 3; EXCEPTING, therefrom. the East 1700.0 feed of then Ncrth 163a .0 feet: AND ALSO therefrom.EPTING, therefrom, all that portion of land lying Southeasterly of the *irthwesterly right-of-way boundary line or state Prtmery x.. Highway No. 1 West (3.W. Pacific Highway West) . i PARCEL NO. II: The North 1320.0 fest of said Section jo-, ExCE£'PTP7G, 1' thsrsfross, all that pardon of land lying Southeasterly Of the i Northwesterly right-of-way boundary line of State Primary Highway qo 1 i7eat (S.W. Pacific Highway 'West) 1. ;s LL .PARK NA_ $A �. �_ •'eF ¢.. N�' p Q S.W. _ �'L•A�FNAVE_W�1 S7 � 3 � �;. FA 1Aya� WAY P r �a• / i 7 ✓ a t�,, ' ` 1 s w v Lw TL XrArasFanugY [��' Ci - d ?tin` ft i �s