Ordinance No. 96-23 E CITY OF TIGARD,OREGON 3 a .
ORDINANCE NO.96-o?3 k
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AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE
BY ADOPTING REVISED SECTIONS 18.32.050 B.5, 18.32.250 E.2, TO ADD DEDICATION,
AND IMPACT STUDY REQUIREMENTS FOR PUBLIC FACILITIES AND SERVICES. { 1# t
WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code = N
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periodically to improve the operation and implementation of the Code; and ,1
WHEREAS, the U.S. Supreme Court rendered a June 24, 1994 decision concerning uncompensated #�
takings and the need to justify dedication conditions by showing a"rough proportionality"to the impact of
r development; and r .'
WHEREAS,the City of Tigard Planning Commission reviewed proposals for revising the above Code
Sections at a public hearing on April 8,1996; and ;
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WHEREAS,the City of Tigard Planning Commission voted to recommend the revised Code Sections asV 7n
a shown in Exhibit"A"; and
WHEREAS,the City r t . '
�ounci�held a public hearings on May 14,1996 and June 11,1996 as well as a work
session on May 21,1996 to consider the proposed amendments. _
NOW,THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS: 4 x R-D
{ SECTION l: The proposal is consistent with all relevant criteria as noted below: ' a '
The relevant criteria in this case are Statewide Planning Goals 1, 2, 11 and 12; City of
Tigard Comprehensive Plan Policies I.I.I.a. and c., 2.1.1, 2.1.3, 3, 7 and 8; and f
Community Development Code Chapter 18.30. g"
The proposal is consistent with the applicable Statewide Planning Goals based on the t x
following findings:
1. Goal 1, Citizen Involvement, is met because the City has followed its adopted
citizen involvement program which involved review by its Citizen involvement
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Team structure,and public hearings as listed above. The City's Citizen Involvement
k> Policies in the Comprehensive Plan have been acknowledged to be in compliance a `
with Goal 1. Notice for all hearings was provided in the Tigard Times which
summarized and outlined the amendments being made to existing code provisions '
and was done so for each public hearing. Copies of the ordinance drafts have beent
available at least seven days prior to the hearings which follows Community `
Development Code Procedure.
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ORDINANCE No.96- 3
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2. Goal 2,Land Use Planning,is met because the City applied-.11 relevant Statewide
Planning Goals,City Comprehensive Plan Policies and Community Development - ,
Code requirements in review of this proposal
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3. Goal 11,Public Facilities and Services and Goal 12 Transportation,are met because
P the proposed measures assist in implementing the provision of public facilities and '
,5 services,and transportation facilities in a more timely,orderly and efficient manner
to provide defined levels of service improvements determined to be necessary by ,
studies showing specific facts and findings for each development to be consistent " z r
and"roughly proportional to the impacts of those developments. `
--'- ^'�a^"+i'omnrehensive Plan based on the ,ra
� The proposal is consisieut w�ili a;c,.,.,;.............-_o--
following findings:
1. Policies I.l.l.a. and c. are satisfied because the proposed code changes are
consistent with Statewide Planning Goals as indicated above and the changes hel '' 5
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to keep the development code current with local needs and recent case law.
2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at
public hearings and through the City's Public Involvement process. 4 �. ...
j 3. The Council finds that the proposed changes are consistent with the provisions of r Nl
Comprehensive Plan Policies 3,Natural Features and Open Space,because he
policies cal{for development control of floodplains and greenway areas and these
provisions provide a tool consistent with recent case law to assess the impact and
j need for improvements,reservations and dedication that is roughly
b y proportional to
the impact of the development. rr
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4. The Council finds that the proposed changes are consistent with the provisions of . A
Comprehensive Plan Policies 7,Public Facilities and Services and 8,Transportations
which call for ensuring that as a precondition to development, developments t
coincide with the availability of adequate services and that development is to a '
provide streets and right-of-way consistent with City standards. The proposed
changes provide an implementation tool that specifically measures impacts to
determine whether development requirements are "roughly proportional" to the 1t
impacts of those developments. � � ;
5. Community Development Code Section 18.30 which establishes procedures for
legislative code changes is satisfied according to the above findings.
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SECTION 2: Community Development Code Chapter 18.32 shall be revised as shown in Exhibit"A".
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,signature by the
Mayor,and posting by the City Recorder.
PASSED: By U Y1 Gl Y1 i rno t t S
vote of all Council members present after being read by
3 number and title only,this 1 day of 1996• `
ORDINANCE No.96-3 ;hk
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Catherine Wheatley,City Recorder y:
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APPROVED:By Tigard City Council this 1) day of 1996. '
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J coli,Mayor
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Approved as to form:
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ORDINANCE No.96-
Page 340111-7
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EXHIBIT A ,k
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��, � DEDICATION, AND IMPACT STUDY AMENDMENTS TO
CHAPTER 18 OF THE COMMUNITY DEVELOPMENT CODE '-31
Language proposed to be added is underlined.
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18.32.050 Application Submittal Requirements: Refusal of an Application
3.5, Include an impact study, The impact study shall quantify the effect of the ;
development on public facilities and services. The study shall address.at a
t minimum. the transportation sy siein. including bikeways. the drainage I =mac r
system,the parks system.the water system.the sewer system and the noise
+ impacts of the development. For each public facility system and typg Qf
impact. the study shall propose improvements necessary to meet f j
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standards and to minimize the impact of the development on theubp lic at
a large. public facilities systems- and affected private property user In r x-
situations where the Community Development Code requires the dedication
3 of real property interests,the applicant shall either specifically concur with u
the dedication quirement or provide evidence which supports the R�
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conclusion that the real propea dedication requirement is not roughly k
pr—oportional to the prQiected impacts of the development
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jAl18,32,250
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E.2 Conditions may include,but are not limited to; =
a. Minimum lot sizes;
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b. Larger setbacks; '
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C. Preservation of significant natural features;and
d. Dedication of easements
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When a condition of approval requires the transfer to the public of an interest in real
z£ N pro epee approval authority shall adopt findings which support the conclusion ,
that the interest in realrrool2ca to be transferred is roughly proportional to the
l $ ` iptpact the proRosed development will have on the public-
EXHIBIT A-PAGE
+bliEXHIBITA-PAGE I
+ '! DEDICATION AND IMPACT STUDY AMENDMENTS TO TILE DEVELOPMENT CODE(ZOA 96-0003)
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