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Resolution No. 77-23 CITY OF TIGARD, OREGON RESOLUTION NO. 77--2-3- A RESOLUTION ESTABLISHING POLICIES CONCERNING COORDINATION OF PLANNING AND DEVELOPMENT OF STREETS AND LAND-USF PLANNING IN THE CITY OF TIGARD. One of the functions of the City undertakes to perform for its citizens is the planning and development of the streets, pathways, and sidewalks and the planning and preservation of open spaces at locations within the city beneficial to the residents and the commercial enterprises located within the city. The city also performs numerous other planning functions, including the review of proposed plans for the development of property. In order to make all of these planning and development functions more effective and in order to keep the cost of both the planning functions and the development of public facilities as low as possible the City Council has at this time undertaken to coordinate its various land-use decision-making functions and its other planning and development functions. The Council finds that it is advisable to establish a policy in favor of the coordi- nation of the planning and development of streets, pathways and sidewalks and planning and preservation of open spaces and its other land-use decision-making functions. The reasons for adopting that policy and the nature of the work the Council regards as x necessary to carry out the policy are set forth in the following resolution: Section 1: Zoning and other land-use functions of the city are related to the development of streets, pathways, and sidewalks and the planning and preservation of open spaces in such a way as to make it advisable for the City to cooerdinate its work in these areas. Section 2: The land-use decision-making activities of the city take place in many different ways. Decisions are made by the City Council, by the Planning Commission, and by the Design Review Board, as well as the City's staff members. The forms of the decision include zone changes, comprehensive plan changes, variances, condi- tional use permits, subdivision approvals, land partition approvals, the issuance of building permits, design review approval, and others. Though it is often difficult to prove that any one particular land development project increases the public need for services and facilitites provided as a function of city government, it is taken by the council to be true, as a general proposition, that virtually all development has some impact. This is true even of remodelings, many t 1 - Resolution No. 79- variances, and conditional use permits and land partitions. Because of the difficulty of proving such prospective impacts and the expe.7, es and inconvenience that would be caused by attempts to prove it, it will he presumed that every instance of development causes significant impact on needs fcr public services, including streets, pathways and sidewalks and the planning and preservation of open spaces. Section 3: It is the policy of the City of Tigard that all of the City's streets are to be brought to the standards set forth in The Tigard Community Plan, the adopted Neighborhood Plans, and the Tigard Municipal Code, and that sidewalks shall be installed along all streets, and that a bicycle path shall be developed in accordance with the various neighborhood plans and the comprehensive plan of the City, and that greenways and other open spaces provided by the various neighborhood plans and the comprehensive plan shall be estab- lished, and provisions made for their preservation. Such improvements shall take place, insofar as City shall have control, as soon as it may become practicable in each instance. Section 4: The cost of street improvements, sidewalk installation, and bicycle path construction shall be borne, to the extent the City can legally require it to be so borne, by the owners of benefited property, and not by the taxpayers of the City generally. Section 5: It is the policy of the City that development shall occur only on streets improved to standard, with sidewalks in- stalled and bicycle pathways developed and greenways and open spaces set aside in accordance with the relevant plan, except in those instances inahich the proposed developer makes provision for future improvements and the preservation of greenways and open spaces in the following ways: a. Dedication of land necessary to place in the control of the city sufficient land to develop the streets to its planned width, install sidewalks and bicycle pathways, and preserve the greenways and other.open spaces designated in the community and neighborhood plans. b. A "half-street improvement," leaving the street on the side of the center line toward the owner's property one- half the width of the full planned street width (in addition to the dedications required in a. above) : or C. Full improvement of the street or so much of it as the land-use decision-making body shall find to be reasonably required on account of the impact caused by the proposed land use. In every instance where full street improvement is not required the applicant shall also be required to enter into an agreement with the 2 Resolution No. 77-moi City by which the applicant agrees not to remonstrate against a local improvement district street development project, and the City shall agree that the applicant shall receive credit against his share of the assessment in a subsequent local improvement district project for the land dedicated at the time of the application. Section 6: In certain instances the development of a particular parcel of land will create traffic pressures on streets, sidewalks and pathways outside the parcel to be developed in excess of the capacity of the streets, sidewalks and pathways. In those instances the land-use decision-making body shall not permit the development of the parcel until such time as the affected streets, sidewalks, and pathways have been developed. Section 7: in order to enforce the policies set forth in this reso- lution the City Council, Planning Commission and Design Review Board shall be given the power to require dedications, street improvements, sidewalk installation, pathway installation, non- remonstrance agreements, and such other agreements as may be necessary, and the staff of the City of Tigard shall be required to decline to issue building permits for single family dwellings until the applicant for the permit demonstrates that the street upon which the dwelling is proposed to be built has been improved to standard or the applicant has made the dedication or improvement required by this resolution. Section 8: The policies established by this resolution shall be carried out through the adoption of ordinances granting to the City Council, the Planning Commission, the Design Review Board and to the City's staff the authority necessary to require the dedi- cations, agreements, and improvements described in this resolution. PASSED: This q day of �i��,, „„,-, , 1977. Mayor - City of Tigard ATTEST; Recorder - City of and I, 3 - Resolution No. 77-.2_3