ZOA8-85 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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NPO FEE WAIVERS ZOA 8-85 '• ;'' . ; .�_..
Chapter 18.30& 18.32 �_.,.._.:... -,.z..
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY ;, .,
AGENDA OF : December j.6, '1985 AGENDA ITEM #1:
DATE SIUBM'flTED: December 9 1,985 PREVIOUS ACTION: Public [searing was
a'
ISSUE/AGENDA T'ITLExx • OA 8b I.iel:d before City Council. on 11/25/85
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r"'NP Fre;Wier :
PREPARED BY Elizabeth A Newton
REQUESTED BY: City/ Council;
DEPARTMENT HEAD OK: A (1 I?�''i4'-e CITY ADMINIb FRATOR
POLICY ISSUE
INFORMATION SUMMARY
_ On November 25, 1985 a public hearing was held before the City Council to
consider amending the Community Development Code to allow foe waiver for
appeals and Land Use applications filed by the NPO' s under certain
conditions. Council voted unanimously to direct staff to prepare an ordinance
allowing for a fee waiver for applications and appeals filed by the NPO's
under certain conditions, The ordinance is attached for, your review. Also
;I:. attached is a copy of the November 25, 1985 minutes.
ALTERNATIVES CONSIDERED "T,:
1.' Modify the attached ordinance prior to adoption
Review and adopt the attached ordinance. •
SUGGE�TEI:) ACTION
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Review and adopt the attachr'd ordinance,
(EAN:bs/2ZZ9P)
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CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDINANCE AMENDING SECTION ].8,32.340, 18=30.030 AND ADDING SECTION
18.32.345 OF THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (ZOA
8-85)
: WHEREAS, the City of Tigard finds it necessary to revise its Community
Development Code periodically to improve the operation and implementation of
the Code; and
WHEREAS, the Tigard City Council has reviewed the Community Development Code
and has adopted the Name; ',arid
WHEREAS, the Ci.tti, of. Tigard Planning Commission held public hearings on the
proposed changes on November 5, 1985; and
WHEREAS, the Tigard City Council held a public hearing on the proposed charges
on November 25, 1985
THE CITY OF TIGARD ORDAINS AS FOLLOWS
Section 1 Section 18,30,030 (e)(3) of the Community Development Code to
:' include the language underlined below
1 (3) Be accompanied by the required fee except as allowed under
Section 18,32 34.5 and
Section 2+: Section 18.32..340 (b) of the Community Development Code, shall be
} amended to include the language underlined below:
(b) The appeal or review application shall be accompanied by
required foe }kc2.P as, al..lo.Wgd under �Iect�.r� 45 bolo
._-•• -_ n
Section 3 A new Section 1.8 ,33 ,345 shall. be added to the Commr,tni.ty
Development Code to road as underlined below4
'3 et on 1.8.31v5 E"ee W�ti��crrvllrawed for Nei.ghboncoUd
()r.c nizations
F: U -
ees for E_and sc i.appli.cati.o d _
Fees n s an dam)J•i.C:olt io l'1 for appea 1. o r rev i.eul
of a land use t9r 12 ._ an
NPO if all of the followiriq conditions are met_ --
Ka.). The appeal or land use. application must have been
supported _by a majority vote of NPO members at a public
meeting where ay quorum of NPO members was present,
ORI::ti ANcE NO. 8.5--
Page 1 11 .
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(la) A copy of the minutes of the NPO meeting where the appeal
or land was initiated must be submitted' •
with the appeal or Land use application. •
�c The appeal or application will be considered
i valid� when
condti.on '( d iboue ar_ meth and all other filing; •
requirements are met.
(d1 The NPO chairperson or designated representative shall
appear at the next available City Council meeting after
the application or appeal is filed. The IttP0 shall work
through the Planning Division to schedule the item on a
Council agenda. Should the Courieil. deny the NPO request
for a fee waiver, the NPO shall submit the required fee
within three (3) worki.ng �s of the denia ., The fee
shall be filed. by 3.00 P.M. on the third (3rd) day_
• Section 4 In order that the Community Development Code may improve the
operation and .implementation of the code and to protect the public health,;
safety and welfare, an emergency is hereby declared to exist and this
Ordinance shall become effective upon its passage by the Council and approval
by the Mayor. •
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985
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i:oreen R, Wilson, Deputy Recorder
APPPR0VEI). This day of , 1985
John E. Cook, Mayor
(F(AN;hs/2229P}
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0f�I;)INAN E No. 85--
P e:�c, e 2
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T I G A R D CITY : C O U N CI L
REGULAR MEETING' MINUTES — NOVEMBER 25, 1985 7:00 P.M.
1. ROLL CALL: present: Mayor John Cook Councilors Tom Brian, and
Jerry Edwards; City Staff: Bob Jean, City Administrator;
Bill Monahan, Community Development Director; Tim Ramis,
Legal Counsel; and Loreen Wilson, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS — No items were added.
3. VISITOR'S AGENDA No one appeared to speak. }
4. PRESENTATION OF KEY TO THE CITY
a. Mayor Cook presented a key to the City to Mr. Robert McNatt. Mr.
McNatt has submitted his retirement notice and worked in the
Public Works department since 1969
5. HISTORIC DISTRICT CLARIFICATION DISCUSSION
a, Community Development Director stated that .rigard's Comp Plan has
officially be acknowledged with the condition that Tigard review
the historic overlay designation. LCDC contends the preservation
designation is not adequate. The City has received a grant from
LCDC to address this last outstanding condition tied to the
acknowledgment process.
Tigard's historic sites are:
Durham Elementary
John F. Tigard House
Windmill 121st/Katherine *
Joy Theater ,
Upshaw House/Seven Gables
Tigard Grange
.` Tigard Street Farmhouse and 1,4indmill
Tigard Feed & Seed
&t.
4( -- Sites currently with Historic District Designation
b. Mr. Dick Mathews, Director of Washington County Museum, 'synopsized
the history' of the Tigard area and stressed the value of
& preserving what historic sites are available in Tigard. He stated
that the museum would counsel developers aa to how to do adaptive
uses at the historic sites for profitable improvements ,
c. Consensus of Council was to send item back to Planning Commission
and support Staff' s suggestion to have a Committee review requests
with Council retaining the right to call up for formal review if
necessary. The Review Committee should be: 1 Councilor; 1
Planning Commission Member; and 1 Planning Staff Member,
Page 1 -- COUNCIL MINUTES '-- NOVEMBER 25, 1985
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6. PUBLIC HEARING ZONE ORDINANCE AMENDMENT ZOA 7-85 PARKING REQUIREMENTS
A request by the City of Tigard to review Chapter 18.106 of the
Community Development Code to allow gravel parking for 'permanent uses on
a Temporary basis
a. Public Hearing Opened
b. Declarations or Challenges — None
C. Community Development Director synopsized the history of the
request and ' stated Economic Development Committee recommended 3
years for gravel parking for permanent businesses. Planning
Commission unanimously denied the gravel for permanent businesses
d, Public Testimony -- No one appeared to speak.
e. Staff recommended ordinance to retain current language.
f. Public Hearing Clcsed
g. After lengthy discussion, Councilor Brian moved to direct staff to
prepare an ordinance to allow gravel parking for temporary use
applications, with approval of the gravel request being granted by
the approval authority for the length of` temporary use being
requested. The burden of proof for the need for gravel Parking is
the applicant's. Motion seconded by Councilor Edwards,
Approved by unanimous vote of Council present:
7. PUBLIC HEARING - ZONE ORDINANCE`AMENDMENT ZOA 8-85 NPO FEE WAIVER
A request by the City of Tigard to modify Chapter 18.32 of the Community
Development Code to allow the NPO a waiver of application fees for
appeals of land use decisions, amendments to the Community Development
Code and amendments to the Comprehensive Plan maps under certain
conditions.
a. Public Hearing Opened
b. Declarations or Challenges — None.
c Community Development Director synopsized the request noting that
Council initiated the request. Planning Commission voted to deny
the request, and CCI voted to approve with condition #3 eliminated.
d. Public Testimony: No one appeared to speak.
e. Community. Development Director recommended approval with
conditions 1-2 and 4-5 being adopted
, ..j 1, The appeal or land use application must have been supported .
by a majority vote of NPO members at a public meeting where
a quorum of NPO members was present,
2.. A copy of the minutes of the NPO meeting where the appeal
of land use application was initiated must be submitted
with the appeal or land use application.
Page 2 — COUNCIL MINUTES NOVEMBER 25, 1985
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3. The NPO requesting the fee waiver shall make a presentation
to the CCI which includes a justification as to how the NPO is
proposal will benefit the City has a whole. The CCI shall
then take a vote to support or not support the NPO request. f.:'
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4, The appeal to application will be considered valid when i.,
conditions 1 and 2 above are met and all other filing r , :
:: requirements are met. c
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5 Should the Council deny the NPO request for a tee waiver, (;
the NPO shall submit the required fee within three (3)
working days of the denial. The fee shall be filed by 3:00 ?', •
P.M. on the third (3rd) day. 1'
f. Public Hearing Closed i`
9. Motion by Councilor Brian, seconded by Councilor Edwards to !.:
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approve staff' s recommendation and direct staff to prepare an
ordinance for `adoption. t
Approved by unanimous vote of Council present. is
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8, PUBLIC HEARING PORTLAND FIXTURE/S & 3 APPEAL CPA 3-85 FULL EVIDENTIAL
1
HEARING NPO #7
A request by the City of Tigard City Council for a re—hearing on an ,•
application filed by Portland Fixture to amend the Comprehensive Phan ,. .
and Zoning Designation from CP (Commercial Professional) to CG i'
(Commercial' General) for a 7.9 acre site located on the south side of f w
Scholls Ferry Road, west of Greenway Town Center (WCTM 1S1 34BC, Lot 400)
NOTE: Public Testimony Time Limit -- Proponents 20 minutes, Opponents 20
minutes, Cross Examination 10 minutes, Council Questions 10 minutes.
a. Public Hearing Continued from 10/28/85 a
b. Declarations or Challenges -. Councilor Brian disclosed an ex-parte
contact with Mr. Johnson. Mr. Johnson was advised that Councilor x,
: Brian would make this disclosure. Councilor Brian stated he was r;
not biased and would be voting on the issue.
1,
c, Community Development Director noted the history of the request 1
noting that the Council' s original denial was appealed to LUBA, ';`
This is back before Council for a full—evidential hearing to k;
review the application based on relevant evaluation criteria. The f.
criteria set out by staff to be addressed are as follows:
1. Statewide Planning lannin Goals and Guidelines f
2, Tigard Comprehensive Plan I
a. Policies 2.1, 1, 5, 1. 1, 5. 1.4, 8. 1.3, and 12.2.1 a.
. ., b.' Locaton pertaining Criteria, Section 12. 1 ertaxnin g to
General Commercial and Commercial Professional
3 , Tigard Community Development Code
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a. 18.22.020 Purpose (Amendments to the Code and Map) 1.
b, 18,22.040 Quasi—Judicial Amendments and Standards i
for Makin g the Decision
c. 18,30 120 Standards for the Decision
d. 18,62.010 Purpose (C—G Zone)
e, 18 ,64.010 Purpose (C-P Zone)
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Page 3 — COUNCIL MINUTES - NOVEMBER 25,, 1985 -
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY 2' `
AGENDA OF: November 25, 1985 AGENDA ITEM
J
C \..)DATE SUBMITTED': November 20, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE; NPO Fee
Waiver ZO'A, 8'..:8S ,�' � PREPARED BY Elizabeth Newton
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REQUESTED BY: Planning Staff
4: DEPARTMENT HEAD OK: .[ C 3' t 1/r ) CITY ADMINISTRATOR
i
POLICY ISSUE •
Should the City Council amend the Community Development Code to set forth a
' process to allow a fee waiver for appeals and Land Use applications for NPOs.
INFORMATION SUMMARY : .'
_,' Attached is a memo which outlines the staff's recommendations and
•4 recommendations from the Planning Commission, NPO # 4, and the CCI.
l;
'` ALTERNATIVES CONSIDERED
1. Support the Planning Commission's recommendation for denial.
2. Support the NPO #t 4 and CCI recommendation for approval subject to
conditions 1 and 2.
3. Support the Planning Staff's most recent proposal
4. Retain the existing policy.
SUGGESTED ACTION
', Review the recommendations of staff, the Planning Commission, NPO # 4, and the
. f
CCI; after discussion direct staff to prepare an ordinance to amend the Code
or retain the existing policy
2062Pldm t j
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MEMORANDUM
CITY OF TIGARD, OREGON
1
TO: City Council November 2O 1985 , .
FROM: Elizabeth Newton, Senior Planner ..
SUBJECT: Fee Waivers for NPO's
Since the adoption of the Community Development Code in November 1983, various
Neighborhood Planning Organizations have filed appeals on land use decisions
made by the city and also filed land use appl;=eations for changes ' 'to the
Community Development Code and the zoning and comprehensive land use maps.
Most recently, NPO # 1 filed a request for a fee waiver for an application to j.`
review the Comprehensive Plan Policy related to the extension of Ash Avenue.
Under the current code, the NPO is required to pay any and all required filing r'
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fees at the time the appeal or application is filed. The NPO has then had to ,,
request a refund from the City Council in order to recover the costs of filing :.
the appeal or application. Since November of 1983, the City Council has �•:
_, approved nearly all of the NPO refund requests,
STAFF RECOMMENDATION.
Staff recommends that Chapter 18,30 and Chapter 18.32' of the Community
Development Code be amended to allow a waiver of fees For the PO's, subject
to the following conditions:
,' 1. The appeal or land use application must have been supported by a majority
vote of NPO members at a public meeting where a quorum of NPO members was
present. ,'';,.
2. A copy of the minutes of the NPO meeting where the appeal or land use
application was initiated must be submitted with the appeal or land use
application.
34 The NPO r questing t e fee wai.v shall. ma e a pres taboo to the CCI
which i cludes a j stification as to how he NPO oposal w` benef'
j the C` y as a wh e. The C shall. th take a ote to su port or of
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supp rt the NPO eque st.
1A „f4 4. The appeal or application will be considered valid when conditions 1 and
2 above are met and all other filing requirements are met.
i 5 Should the Council deny the NPO request for a fee waiver, the NPO shall
submit the required fee within three (3) working days of the denial. The
fee shall be filed by 3:00 P.M. on the third (3rd) day,
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The Planning Commission reviewed the staff's recommendation limited to
conditions 1 and 2 at their November 5, 1985, meeting. The Commission voted ±,
'• 5-3 to recommend to City Council that the proposal be denied, A copy of the ';''•
minutes is attached.
On November 6, 1985, NPO # 4 reviewed staff's recommendation limited to ,:
conditions 1 and 2.. The NPO members voted unanimously to support staff's
recommendation. A copy of the minutes of the meeting is attached.
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On November 19, 1985, the staff presented a recommendation to the CCI, )}'
• including conditions 1, 2, and 3. The four members present supported staff's 1,
recommendation without condition 3. They felt that condition 3 was
unnecessary •
STAFF CONCLUSION
• The City Council should review staff's latest proposal and the recommendations I ''
forwarded to Council by the Planning Commission, NPO # 4, and CCI. After
discussion Council should direct staff to amend the Code or retain the
existing policy.
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TIGARD PLANNING COMMISSION
REGULAR MEETING - NOVEMBER 5,, 1985
1. President Moen called the meeting to order at 7:35 P.M. . The meeting was
held at Fowler Junior High School, 10865 SW Walnut LGI Room.
2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson,
Bergmann, Eyre, Vanderwood, Owens, and Leverett.
3. APPROVAL OF MINUTES
Commissioner Bergmann moved and Commissioner Owens seconded to approve the
minutes as submitted. Motion carried by majority vote of Commissioners
Present. Commissioners Fyre and Vanderwood abstaining.
4. PLANNING COMMISSION' COMMUNICATION
Final Order for Tigard Arco - SCE 3-85 -- Commissioner Bergmann moved and
Commissioner Owens seconded to authorize President Moen to `sign the final
order. Motion carried by majority vote. Commissioners Fyre and
Vanderwood abstained.
5. PUBLIC HEARINGS
5.1 SUBDIVISION S 12-85 BENJ. FRAN. DEVELOPMENT, INC. NPO # 7
Request to subdivide a 8.5 acre portion of a 38.96 acre parcel into 36
lots ranging between 7,500 and 10,000 square feet in size. Located:
South of Falcon Rise Drive and east of Morning Hill Dr. (WCTM 2S1. 4A, lot
501) . . ,
Senior Planner Liden made staff's recommendation for approval with 11
x conditions. Noting condition number 8 to change Aberdeen to Katherine St. ..
and Condition 10 which would require a sensitive lands permit before
grading or filling on slopes which exceed 25 percent.
APPLICANT'S PRESENTATION
Norman Harker, 1750 SW Skyline Blvd, Portland, Oregon, Alpha Engineering,
representing Benj . Fran. Inc. , agreed with the staff report and was
available for questions
PUBLIC TESTIMONY
o No one appeared to speak.
PUBLIC HEARING CLOSED
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o Commissioner Owens questioned how Morning Hill and Chimney Ridge
would connect. Staff reviewed
o Commissioner Bulter asked if 135th was the only access. Staff stated
there where two accesses,
PLANNING COMMISSION MINUTES NOVEMBER 5, 1985, - Page
PUBLIC HEARING' CLOSED -
o Commissioner Leverett favored the proposal.
O Commissioners Bergmann, Vanderwood, Fyre, Owens, Peterson, Butler, and
Moen opposed the proposal
O Commissioner Owens stated that this proposal would result in many problems
in the future. It would be as difficult to administer and enforce as the
sign code ordinance is now.
* Commissioner Moen moved and Commissioner Owens seconded to forward ZOA
7-85 to City Council with a recommendation for denial, requesting that
staff include a copy of the minutes from the previous meeting which they
had stated their objection to allowing graveled parking areas. Motion
carried unanimously by Commissioners present.
5.4 ZONE ORDINANCE AMENDMENT ZOA_8-85 NPO FEE WAIVER
Request by, the City of Tigard to modify Chapter 18.32 of the Community'
Development Code to allow the NPO a waiver of application fees for appeals
.° of land use decisions, amendments to the Community Development Code and
amendments to the Comprehensive Plan map under certain conditions.
Senior Planner Liden reviewed staff' s proposal.
PUBLIC TESTIMONY
o No one appeared to speak.
PUBLIC HEARING CLOSED
o Commissioner Butler and Owens questioned why this was being brought up as ':
they both understood that waiver of fees for NPOs already existed in the
:.# Code
o Lengthy discussion followed. there was concern that the proposal could be
E easily abused. They felt the present system was working adequately at
this time, Commissioner Owens felt this issue should be addressed at a
later date.
o Commissioner Fyre moved and Commissioner Peterson seconded to forward ZOA
8-8S to City Council with recommendation of denial. Motion carried by
majority of Commissioners present. Commissioners Sutler,' Moen, and
Vanderwood voting no.
5.5 COMPREHENSIVE PLAN AMENOMENT CPA 14-85 ZONE ORDINANCE ZOA 6-85 HISTORIC
DISTRICT DESIGNATION
Request by the City of Tigard to review Chapter 18.82 (Historic District
Overlay) — of the Community Development Code and review of ESEE section of
Volume I Resource Document of the adopted Comprehensive Plan which relate ,.
to Historic Sites within the City of Tigard Urban Planning Area.
PLANNING COMMISSION MINUTES NOVEMBER 5, 1985 Page 3
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MINUTES OF NPO #4 MEETING NOV 4BER 6, 1985
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Geraldine Ba 11, ChairpereO*
NP® #4 Me�ber® Present: :
LaVa11e. Alles•, Lou Qhr st.ea, _.
Iry Larson, Louise St art
Guest- Larson
Meeting was called to order by Chairperson: Ba11 7:35 P.M. �-
g approved. .
Mi;te�te® of the =Septeffiber 4, 1985 m®etia mere app ,.'.
Re CPA. 14®85 & ZOA 6-85. HISTORIC DISTRICT: :.
LaValle, Allea .moved that NPO #4 expreze their fee1ie,gs
that I8CDC "is ithposixg unfair: COlidi.tiOlfLE OR the City of .,
Tigard,` citizen's and affected property ot.tnetrs who objected
to be imo1udaad". Louise Stewart secoTded the aoti(e)a
which was passed u*+aiToUs 1y
Re ZOA. 7-85, - PARKING REGULATIONS: the Staff reoom�ead.at .�
LaVa11® Allea moved that PO #4
with s scif o. equiremeats that gravel parking areas be for :
p Lou Christen seooaded the, ao�►ioa which
was,:passed UaamimOasl r
'Re ZOAf 8-.85 ®- NPO PEE WAIVE: f c rr at
Iry Lareo�a� coved that NPO #4 go along with the, Staff
ecoaaezdatioa that PQ fees be wa .vered,.. LaYall■e Allen
seconded the. motion which• was. gassed: uaa i�eoa shy.
SPBR'STATION.••DISCUSSION t
,r1,4Tiltilit Allen moved that NPO-..#4 oppose traaefer station:
thin, Tigard. City limits beoaaee of. the small ou t of
i�dustria land,because® of the traffic problems it Wo ad .
a. Irlf hs� om, Secozadfid .tsa * iaoa
�eas�rat� at�al. ®ths� �a�o�csra®��f
_s
+whteli..easy paesmd- auitousiy. '
The meat ,meetimg of the #4 will be Viedmesday December 4t 11985
7:30 P AM e • Tigard City, as 1. _ �,.,4, ,
The 1baiag .ao further .b ssiiO®e�g the meeting ad j owed P
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Planning Commission October 29, 1985
FROM: Elizabeth Newton, Senior Planner iL/Z
SUBJECT: Fee Waivers for NPO's
Since the adoption of the Community Development Code in November 1983 various.
Neighborhood Planning Organizations have filed appeals on land use decisions
made by the city and also filed land use applications for changes to the
Community Development Code and the zoning and comprehensive land use maps.
Under the current code, the NPO is required to pay any and all required filing
fees at the time the appeal or application is filed. The NPO has then had to
request a refund from the City Council in order to recover the costs of filing
•.1 the appeal or application. Since November of 1983, the City Council has
; approved nearly all of the NPO refund requests.
E
Lr STAFF RECOMMENDATION:
Staff recommends that Chapter 18.30 and Chapter 18.32 of the Community
Development Code be ' amended to allow a waiver of fees for the NPO' s, subject
F to the following conditions.,
1. The appeal or land use application must have been supported by a majority
vote of NPO members at a public meeting where a quorum of NPO members was
present.
2, A copy of the minutes of the NPO meeting where the appeal or land use
}
application was initiated must be submitted with the appeal or land use
,p application.
(EAN:pm/2062P)
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