ZOA1996-000022.OA 199 & - 400 4 ,2
W i rN D R
� IA)/ TAPoqUA CITY OF TIGAI
PROPOSAL DESCRIPTION
FILE NO: ZONE ORDINANCE AMENDMENT (ZOA) 96 -0002
FILE TITLE: CITY COUNCIL HEARING DE NOVO
APPLICANT: City of Tigard . OWNER: Same
13125 SW Hall Boulevard
Tigard, OR 97223
(503) 639 -4171
REQUEST: The City proposes amendment to the Community Development
Code Section 18.32.090 D.2.c. to provide for de novo City Council
quasi - judicial Comprehensive Plan Amendment hearings.
LOCATION: City Wide
ZONE: City Wide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 and 2; Tigard Comprehensive Plan Policies 1.1.1 a.,
1.1.1 c., 2.1.1, 2.1.2 and 2.1.3; Community Development Code Chapters 1830
and 18.32.
CIT: West, East, South and Central
CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
DECISION MAKING BODY
STAFF DECISION
_ HEARINGS OFFICER DATE OF HEARING: TIME: 7:00
X PLANNING COMMISSION DATE OF HEARING: TBA TIME: 7:30
X CITY COUNCIL DATE OF HEARING: TBA TIME: 7:30
RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP LANDSCAPING PLAN
ARCHITECTURAL PLAN SITE PLAN
STAFF CONTACT: Richard Bewersdorff (503) 639 -4171 x316
NARRATIVE X
OTHER
ZOA 96-0002 C.O.T. /CITY COUNCIL HEARING DE NOVO PROPOSAUREQUEST FOR COMMENTS
Agenda Item:
Hearing Date: .1996 Time: 7:30 PM
STAFF REPORT
TO THE PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
I. APPLICATION SUMMARY
CASE: FILE NAME: CITY COUNCIL HEARING DE NOVO
Zone Ordinance Amendment ZOA 96 -0002
PROPOSAL: The City proposes amendment to the Community Development
Code Section 18.32.090 D.2-.c. to provide for de novo City Council
quasi-judicial Comprehensive Plan Amendment hearings.
APPLICANT:
ZONING
DESIGNATION:
LOCATION:
APPLICABLE
REVIEW
CRITERIA:
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
N/A
City Wide
OWNER: N/A
Statewide Planning Goals 1 and 2; Tigard Comprehensive Plan
Policies 1.1.1 a., 1.1.1 c., 2.1.1, 2.1.2 and 2.1.3; Community
Development Code Chapters 18.30 and 18.32.
II. STAFF RECOMMENDATION
Staff recommends approval of the proposed ordinance program
according to the findings found in Section III of this report.
III. BACKGROUND INFORMATION
A recent Comprehensive Plan Amendment (CPA 95 -0006 - Phil Lewis School) brought
out that the Community Development Code requires the City Council hearings on quasi -
judicial Comprehensive Plan Amendments be limited to the prior record. It has been the
practice of the City Council to encourage public testimony for their review. The existing
Staff Report City of Tigard /City Council Hearing DE NOVO Page 1
code'language inhibits op• testimony. The City Council wishes to have the opportunity
to allow for open testimony at their hearings.
IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
LCDC Goals:
Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was
advertised in the local newspaper and request for comments were sent to all CITS,
DLCD, and Metro.
Goal 2 - Land Use Planning. Adoption of implementation measures is provided for
under Goal 2 and ORS 197. The proposed ordinance requirements fine -tune existing
adopted and acknowledged ordinance requirements.
Comprehensive Plan Policies:
1.1.1 a. - This policy requires that legislative changes are consistent with statewide
planning goals and the regional development plan. The findings above address
statewide goals. Metro was sent a request for comments.
1.1.1 c. - This policy calls for the Comprehensive Plan and the Community Development
Code to be kept current with the needs of the community. De novo hearings at the City
Council level provides more opportunity for citizen input.
2.1.1 - This policy requires an ongoing citizen involvement process. A request for
comments was sent to all City Citizen Involvement Team Individuals and was legally
advertised. The proposed amendment increases the opportunity for citizen input to the
City Council.
2.1.2 - This policy calls for opportunities for citizen involvement be provided by the City.
The proposed amendment increases citizen input opportunity.
2.1.3 - This policy requires that information on issues be available. The staff report and
findings, and proposed ordinance have been available for review since , 1996.
Community Development Code:
Chapter 18.30 - This code section establishes the procedures for legislative amendments
to the Community Development Code.
Chapter 18.32 - This is the section of the code to which the amendments are being
added.
Staff Report City of Tigard /City Council Hearing DE NOVO Page 2
V. "OTHER STAFF COMMENTS
41
The City of Tigard Engineering Department and Building Division have reviewed the
proposal and have offered ...........
A AGENCY COMMENTS
Service providing utilities have had the opportunity to review the proposal and have
offered the following comments:
PREPARED BY
Richard Bewersdorff
Senior Planner
DATE
Staff Report City of Tigard /City Council Hearing DE NOVO Page 3
CITY OF TIGARD, OREGON
ORDINANCE NO. 96-
AN ORDINANCE AMENDING CHAPTER 18.32 OF THE TIGARD MUNICIPAL CODE
PROVIDING FOR DE NOVO QUASI- JUDICIAL COMPREHENSIVE PLAN
AMENDMENT HEARINGS.
WHEREAS, Section 18.32.090 D.2.c. of the Tigard Municipal Code requires City Council
hearings to be confined to the prior record; and
WHEREAS, the City Council finds that it desires to increase the opportunity for citizen
input;
NOW, THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code Chapter 18.32 "PROCEDURES FOR
DECISION MAKING: QUASI- JUDICIAL ", Section .090 D.2.c. is amended
by deleting the language in s#F+ke -ou and adding the language underlined.
18.32.090 Approval Authority Responsibilities
D. The Commission shall conduct a public hearing in the manner
prescribed by this chapter and shall have the authority to approve,
deny, or, approve with conditions, the following development
applications:
1. Subdivisions pursuant to Chapter 18.160 when requested as
part of a planned development and /or in conjunction with a
variance to the subdivision standards or a variance to any
Title 18 requirement;
2. A quasi-judicial comprehensive plan map amendment except:
a. The Commission's function shall be limited to a
recommendation to the Council;
b. The Commission may transmit their recommendation
in any form and a final order need not be formally
adopted; and
ORDINANCE No. 96-
Page 1
i
C. The Council hearing shall be GGRfined to the pFiGr
Feserd de novo and a final order shall be formally
adopted;
SECTION 2: 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 vote of all Council members present after being read
by number and title only, this day of , 1996.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 1996. ,
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
iAdtywide \ord\zoa96 -02. ord
ORDINANCE No. 96-
Page 2