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DCA2006-00005 120 DAYS =N/A DATE OF FILING: 12/12/200W • DATE MAILED: 12/19/2006 CITY OF TIGARD 4 D Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 Case Name: HISTORIC OVERLAY DESIGNATION CODE AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Owner's Names/Addresses: N/A Address of Property Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON NOVEMBER 20, 2006 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON DECEMBER 12, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject > The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on tae National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code cha ters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category:: Chapter 18.330 CO ITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event • Uses" in residential zones with an Historic Distnct overlay zone and/or on the National Register of Histonc Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have an Historic Overlay and/or are on-the National Register of Historic Places; and 4). Chapter 18.740 H TORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision.. ON 12/12/06 THE TIGARD CITY COUNCIL ADOPTED A MOTION TO GO WITH THE PLANNING COMMISSION'S RECOMMENDATION AND DENY THE CONDITIONAL USE CODE AMENDMENT. THEREFORE, THERE IS NO CHANGE TO THE DEVELOPMENT CODE. ZONES: - All residential zones with an Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. Action: > ❑ Approval as Requested ❑ Approval with Conditions ® Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 12, 2006. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. a = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY DESIGNATION CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS:Add a "Meeting and Event Use" category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance"provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. DATE COMMENTS SENT: OCTOBER 4. 2006 DATE COMMENTS DUE: OCTOBER 18,2006 DATE DLCD NOTICE WAS SENT: OCTOBER 4,2006 (47 Days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DA'Z'E OF HEARING: NOVEMBER 20,2006 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DA'Z'E OF HEARING: DECEMBER 12,2006 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE (1 week prior to hearings) ® STAFF REPORT(1 week prior to hearings) ❑ ® PROPOSED AMENDMENTS ® DLCD NOTICE ❑ STAFF CONTACT: Sean Farrelly,Associate Planner (503) 639-4171, Ext. 2420 • 11, VIF PRE-APP HELD BY S CITY OF TIGARD PLANNING DIVISION • LAND USE PERM�IT ' ,iPLICATION O/'�r� City of Tigard Permit Center 131251 WHaII-Blzd, Tigard OR 97223-p - w«/' Phone 503.639.4171 Fax:503.598.1960 Ci Z006 File# y (97706- Woo< Other Case# Date ENo b By ' ',- Receipt# Fee Falk= Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Conditional Use(III) ❑Sensitive Lands Review(I,II or III) [/]'Zenc Oadu Amendment(IV) ❑Historic Overlay(II or III) El Site Development Review(II) DM" Coale ❑ Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OOQTR(Address if available) hc ; de' t ;4 / 2oekes w,'/h ff c/ir►t Ov'rl'yc TAX MAPS&TAX LOT NOS. TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT' 7—Sara/ MAILING ADDRESS/CITY/STATE/ZIP 13 I Z S' S 14/ fr/ l/ (3/wi PHONE NO. FAX NO. 5v 635 - `i/ 7/ PRIMARY CONTACT PERSON PHONE NO. Se4ii f rreff v3 - 7/fit - 2-Y2_ c.) PROPERTY OWNER/DEED HOLDER� S- (Attach list if more than one) MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) levDIt/ (0Je , iv►en r " I a 116 14/ Meet'Liss tied f1 q 5 q (( rit; 014/ (I f' Hi per 1 i°1 i,✓i -11/1 / t l j J /u r ij c)v r t 4)/1 q'hd/ uh �'1-e /V5 1url01 /Sisfev' v-- t(�s r�L /Jroperfi®1 ih 4Ps i01,1 /4/ 2uhP5 APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc • • . THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,are true; and the applicants so acknowledge that any permit issued, based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date �- 21- 069 Appl' an / /Represen e's Signature Date Applicant/Agent/Representative's Signature Date • S. City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events: A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting:No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events :AD shall not be permitted. g. Noise: For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking: A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. 0 • (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C CC C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N I - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N TABLE 18.510.1 (CON'T) USE CATEGORY �/R-1 R-2 R-3.5 R-4.5 R-7 � C.R/-12 �,/R-25 R-40 C Historic Place Meetings and Events 2 C2 1�,I2 C2 C2 (, 2 2 C2 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N C10 C'0 C'0 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries NN CC C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7• P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C • • P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 7See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. • • • CITY OF TIGARD III „it PRE-APPLICATION CONFERENCE NOTES • (Pre-Application Meeting Notes are Valid for Six (6) Months) w -_ • PRE-APP.MTG.DATE: STAFF AT PRE-APP.: • RESIDENTIAL APPLICANT: If y J f T i 41'4( AGENT: Seti r/e (/// Phone: J ) 6 � - `I1 S h Phone: S - c/ O PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: /)P✓. (ua/c Oro o lrnPn t to 4 14w 11,00'7,61p' f £woo' S A rand i1.an4.l use lrup•ri,tJ H' 4 •.d Q vee//yi a J/OY an A%f l�i+7,J I�P it i •. COMPREHENSIVE PLAN RYc, �h f%ti Zak?PS ; • MAP DESIGNATION: ZONING MAP DESIGNATION: /kiDlo%I it f y✓i 1-Pi14t c Over /S ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. l MINIMUM LOT SIZE: sq. ft. Average Min. lot width: ft. Max. building height: ft. Setbacks: Front ft. Side ft. Rear ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. GARAGES: ft. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT.SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500. FEET, INTERESTED • PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes - Page 1 of 9 Residential Application/Planning Division Section 9 • • (7 NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. ❑ IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ❑ ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: Minimum access width: Minimum pavement width: ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. ❑ RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.7151-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s)from the gross site area: All sensitive lands areas including: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ _ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area 8,712 sq.ft. (20%)for public right-of-way 6,534 sci.ft. (15%)for public right-of-way • NET: 34,848 square feet NET: 37,026 square feet 3.050(minimum lot area) - 3.050(minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre *The Development Code requires that the net site area exist for the next whole dwelling unit.NO ROUNDING UP IS PERMITTED. *Minimum Protect Density Is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes • Page 2 of 9 Residential Application/Planning Division Section ❑ SPECIAL SETBACKS (Refer to Ca Section 18.730) • ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS:. A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (See applicable zoning district for the primary structures'setback requirements] ❑ FLAG LOT BUILDING HEIGHT.PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also, be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. * CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section ❑ PARKING (Refer to Code ChaptI18.165 a 18.105) • ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. D Single-family Requires: One (1) off-street parking space per dwelling unit; and One 1) space per unit less than 500 square feet. ➢ Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and • 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: > Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate S sign shall be posted. ❑ BICYCLE RACKS (Refer to Code Section 18.165) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.115) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the. development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 181/5.010.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES(CWS) BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section SULE 3.1 VEGETATED CORRIDOR WIDTHS. SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA CORRIDOR PER SIDE2 ♦ Streams with intermittent flow draining: <25% * 10 to <50 acres 15 feet * >50 to <100 acres 25 feet ♦ Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres ♦ Natural lakes and ponds • Streams with intermittent flow draining: >25% tt 10 to <50 acres 30 feet >50 to <100 acres 50 feet • .Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in ♦ Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS [Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.190.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, artition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential ApplicationlPlanning Division Section THE TREE PLAN SHALL IOLUDE the following: ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITIGATION (Refer to Code Section 18390.060.11 REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ' ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section ❑ FUTURE STREET PLAN AND BUENA OF STREETS [Refer to Code Section 11 10.030.FJ A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. n ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060] MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. I I BLOCKS [Refer to Code Section 18.810.090] The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.765(Off-Street Parking/Loading Requirements) -• 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) _ 18.350(Planned Development) 18.705(Access/Egress/Circulation) _ 18.780(Signs) - 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) - 18.370(Variances/Adjustments) 18.715(Density Computations) _ 18.790(Tree Removal) - 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) _ 18.795(Visual Clearance Areas) _ 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) - 18.798(Wireless Communication Facilities) - 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) _ 18.810(Street&Utility Improvement Standards) - 18.410(Lot Line Adjustments) _1L 18.740(Historic overlay) _ _ 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) !( 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.520(Commercial Zoning Districts) • 18.755(Mixed Solid Waste/Recycling Storage) - 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) • • CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section • ADDITIONAL CONCERNS OR COMMEND • • PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. - Public hearing before the Planning Commission. V Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8'/" x 11". One 8 ' x 11" map of a proposed project shall also be submitted for attachment to the staff'/ 2 report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 • Residential Application/Planning Division Section 5 The administrative decisio• public hearing will typically occur alOoximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (County Surveyor's Office: 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyors Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS.BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: CITY OF TIGARD PLANNING DIVISI - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4111 FAX: 503-684-1291 EMAIL (staffs fiat name)@ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT (ODE)INTERNET ADDRESS: www.ci.tigard.or.us H:\patty\masters\Pre-App Notes Residential.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section Shirley Treat- Objection to further cha a of use of property Page 1 !DMXZ3 From: "Cary Holzwarth" <caryh @thejugscompany.com> To: <shirley @tigard-or.gov> Date: 6/5/2007 1:44:28 PM Subject: Objection to further change of use of property June 5, 2007 The Tigard Planning Commission Attention Shirley My name is Caroline Holzwarth and I own a home at 9240 S.W. Millen Drive Tigard, OR 97224. This correspondence is in regard to the tickets from the Broadway Rose Theatre and the acknowledgement of the opening night festivities planned at the Cohello property that is located on 92nd. Ave. As a home owner I have no problem with the donation of Mr. Cohello's lovely home for there opening night, but this does not change the fact that we are opposed to his commercial use of his property for the use of weddings, receptions and parties. I would like to have this e-mail put into the records, so if there is ever another application by Mr. Cohello to change the use of his property, my objections will be on record. Sincerely, Caroline Holzwarth 9240 SW Millen Drive Tigard, OR 97224 503-684-2208 M 3 Notice of Denial/Withdrawal (� ° A THIS FORM MUST BE MAILED TO DLCD M 3 WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION P For DLCD Use Only PER ORS 197.610,OAR CHAPTER 660-DMSION 18 Jurisdiction: City of Tigard Local file number: DCA2006-00005 Date of Withdrawal/Denial: 12/12/2006 Date Mailed: Date original Notice of Proposed Amendment was mailed to DLCD: 10/4/2006 Comprehensive Plan Text Amendment El Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the proposed amendment. (Write a brief description of the proposed amendment) Various amendments to the Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The Proposal was: Denied: ® Withdrawn: ❑ Briefly state reason for Denial or Withdrawal: Inconpatibility of proposed use with residential zoning. Local Contact: Sean Farrelly Phone: (503) 718-2420 Extension: Address: 13125 SW Hall city: Tigard, OR Zip Code +4: 97223- Email Address: sean @ tgard-or.gov Send this form to the following address: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 DLCD FILE No.: • • U.S. Postal Service,. = CERTIFIED MAIL. RECEIPT 'p (Domestic Mail Only;No Insurance Coverage Provided) lu7 ' For del�iiv�very information visit our website at www.usps.com5 u7 —f TU Postage $ 0.39 0�' * -i Certified Fee i 2.40 ' '; 1= Return Receipt Fee i PostrnVarrk1 0 (Endorsement Required) 1 1.85 y Here • 'I Cl Restricted Delivery Fee ' ~rS ra (Endorsement Required) i 0.00 2C� Total Postage&Fees $ ',4.64' u - o. Sent To ATTN: PLAN AMENDMENT SPECIALIST N Street,Apt Nc Oregon Dept. of Land Conservation & Devel or PO BoxNo.635 Capital Street NE, Suite 150 City,State,zuSalem, OR 97301-2540 PS Form 3800,June 2002 See Reverse for Instructions r - -• - - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i Complete items 1,2;and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �'/`� /'� ❑Agent • Print your name and address on the revers ���` ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation & Devel _ 635 Capital Street NE, Suite 150 3. ice Type Salem, OR 97301-2540 Certified Mall ❑Express Mail , Registered ❑Return Receipt for Merchandise _ -- -_ - - - --_ -- - ---- - ---— -- ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I- 7006 0810 0002 4524 5084 ' (Transfer from service labeO 1. PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-154o I, 'I Z 0 0 AFFIDAVIT OF MAILING Pr • laROARED I,Patricia L. Lunsford, being first dulyysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: ,Ok„ B.'<_,Bdow} © NOTICE OF FINAL ORDER FOR DCA2006-00005/HISTORIC OVERLAY DESIGNATION CODE AMENDMENT (File No./Nacre Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (12/12/2006) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B", and by reference made a part hereof, on December 19,2006,and deposited in the United States Mail on December 19,2006,postage prepaid. , ek i — -/ 41 _■ Lii.Iitri (Person Tv repared Notice) STATE OF OREGON County of Washington ss. City of Tigard �- Subscribed and sworn/affirmed before me on the 3/ S.r day of ,2007 ( �; t OFFfCIAt SEAL P,� _ � DIANE M JEtDERKg //,^. ' NOT y PUBLtC OREGON , / COMMISSI // )N 1 MY COMMISSIONpIRSNO.373021 �J �L-�,�� SEPT.25,2007 N•TARY PUBLI v; OREGON My Commission Expires: il 7 • D DATE OF FILING: 12/12/20• • EXHIBIT A DATE MAILED: 12/19/2006 •• NI •CITY OF TIGARD . Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT(DCA) 2006-00005 Case Name: HISTORIC OVERLAY DESIGNATION CODE AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Owner's Names/Addresses: N/A Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON NOVEMBER 20, 2006 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON DECEMBER 12, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject > The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code cpte-rs: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CO C ITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with an Historic District overlay zone and/or on the National Register of HLStonc Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS ('fable 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning istricts that have an Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision.. ON 12/12/06 THE TIGARD CITY COUNCIL ADOPTED A MOTION TO GO WITH THE PLANNING COMMISSION'S RECOMMENDATION AND DENY THE CONDITIONAL USE CODE AMENDMENT. THEREFORE, THERE IS NO CHANGE TO THE DEVELOPMENT CODE. ZONES: All residential zones with an Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. Action: > ❑ Approval as Requested ❑ Approval with Conditions ® Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 12,2006. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of. Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • EXHIBITc Mark Walker DCA2006-00005 9174 SW Waverly Drive HISTORIC OVERLAY DESIGNATION CODE Tigard, OR 97224 AMENDMENT Cary&Benton Holzwarth "Notice of Final Order by the City Council" 9240 SW Millen Drive Tigard, OR 97224 Karen L. Butler Dan&Jacque Quello 9220 SW Millen Drive 16445 SW 92nd Tigard, OR 97224 Tigard, OR 97224 Don and Barbara Manghelli Ron &Mary Soberg 16415 SW 93`d Ave 11333 SW Gaarde St. Tigard,OR 97224 Tigard, OR 97224 Lesli R Miller Michael&Sharon Brewin&Soul Jazz,LLC SW 93`d 11225 SW Morgen Q. (Incomplete mailing address) Tigard, OR 97223 Email- lmiller@jesuitportland.org Cheryl Cappelli Caroline Holzwarth Dr. 16405 SW 93'd Ave. 9240 SW Millen Tigard, OR 97224 Tigard, OR 97224 Glen&Polly Ann Comuntzis Larry Galizio 12220 Quail Creek Lane 16455 SW 93`1 Tigard, OR 97223 Tigard, OR 97224 Gail and Curt Dowler Richard Smith 16515 SW 93`d St. 16435 SW 93"d Tigard, OR 97284 Tigard, OR 97224 Sherilyn de la Torre Mark&Lisa Walker Donald J. Hook 9174 SW Waverly Dr. 503-639-5271 Tigard, OR 97224 sissydlt@att.net Ted and Linda Moore Gail Dowler 13870 SW 114th Ave. 16515 SW 93`1 Ave. Tigard, OR 97223 Tigard, OR 97224 . . • • • Carol Gifford DCA2006-00005 (Page 2) 9255 SW Millen Dr. HISTORIC OVERLAY DESIGNATION CODE Tigard, OR 97224 AMENDMENT Bob Neithammel "Notice of Final Order by the City Council" 9855 SW Riverwood Ln Tigard, OR 97224 Dan Mitchell Cindee Lehmann 16585 SW 92°d Avenue 13170 NW Dumar Street Tigard, OR 97224 Portland, OR 97229 Jenni McGuire Legg Mark Dahn 17410 SW 1356 Pl. 28357 SW Morningside Tigard, OR 97224 Wilsonville, OR 97070 Dan Murphy Richard A. Smith 14070 SW Hall Blvd. 16435 SW 93`d Tigard, OR 97224 Tigard, OR 97224 David Otis 16465 SW 93`1 Avenue Tigard, OR 97224 Pay Lunsford - DCA2006-00005 Final Order by the City Council Page 1 • From: Patty Lunsford To: (miller @jesuitportland.org Date: Tuesday, December 19, 2006 4:53:14 PM Subject: DCA2006-00005 Final Order by the City Council To: Lesli R. Miller The attached Final Order by the City Council is to notify you of the outcome regarding a proposed City of Tigard Community Development Code Amendment that you attended a public hearing on, on December 12, 2006. If you have any questions, please feel free to call or email me. Sincerely, Patricia Lunsford, Planning Secretary City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503)639-4171, ext. 2438 patty @tigard-or.gov Patty Lunsford - DCA2006-00005 Final Order by the City Council Page 1] • From: Patty Lunsford To: sissydlt @att.net Date: Tuesday, December 19, 2006 4:55:29 PM Subject: DCA2006-00005 Final Order by the City Council To: Sherilyn de la Torre and Donald J. Hook The attached Final Order by the City Council is to notify you of the outcome regarding a proposed City of Tigard Community Development Code Amendment that you attended a public hearing on, on December 12, 2006. If you have any questions, please feel free to call or email me. Sincerely, Patricia Lunsford, Planning Secretary City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503)639-4171, ext. 2438 patty @tigard-or.gov • • • that on this(or any other project site development review) applicants have to demonstrate that they are not creating a downstream drainage problem,using engineering calculations and storm water treatment and detention on the property. He mentioned that the review of any development would have to go through such a City process. Co: cil President Wilson asked for the staff • reco endation. Assistant P . er Eng said staff recommended approv. •f the annexation. Council President .on dosed the public he• g and asked the Council for an comments or dis.•ssion. / Councilor Woodruff said,` is d of annexation we are most interested in—when. • e have people who are contiguous and want to be p; of '- City." He said,"It seems like that is what sta ' tatutes are . :tten to allow and there's no one that,,'-'.eing affected on . •s property against their will to Vome a part of Tigard s. am supportive of thi Councilor S erwood stated that although annexation is ugly wor',a lot of people come into our city for different reaso .,one of them happens to be sewers. She said no on as getting annexed against their wilt Council President Wilson said he agreed with the other Council members. He said,'We always apply the zoning closest to the County's zoning designation so this will not make development happen that otherwise would not have happened. I am also in favor of this annexation." 5.Legislative City Attorney Ramis explained that this was a legislative Motion by Councilor • Public Hearing public hearing and he would read,prior to the Sherwood,seconded by Development proceeding,a statement about the procedures the City Councilor Woodruff,to go with Code would follow,noting that these were slightly different the Planning Commission's Amendment than those used in a quasi-judicial case. He said a copy recommendation and deny the (DCA)2006- of the rules and procedures was available at the entrance Conditional Use Code 00005-Historic of the public hearing room. A copy is also available in amendment. Overlay the City Recorder's office. Conditional Use The motion was approved by a Code City Attorney Ramis asked the Council if any member 3-1 vote of Council present. Amendment wished to report any ex parte contact or information gained outside the hearing including site visits. Council President Wilson Yes Councilor Harding No Councilor Woodruff said he had a conversation with Mr. Councilor Sherwood Yes Quello last summer during his first visit to the property Councilor Woodruff Yes at a reception for Broadway Rose Theater. Councilor Tigard City Council Minutes -December 12,2006 1 1 • Woodruff said he also talked with three neighbors who called to register their position on this. Councilor Harding said she attended the same'reception as Councilor Woodruff. She reported that she received a phone call from Larry Galizio about this matter but did not recall the date. Councilor Sherwood said she visited the Quellos at their house in 2000 and was also at a prior public hearing. Council President Wilson said he was on the Planning Commission when the previous hearing was held and also attended an event held there years ago. He noted that Larry Galizio contacted him by phone recently regarding this matter. City Attorney Ramis asked if all members had familiarized themselves with the application. Council indicated that they had. He asked if there were any challenges from the audience pertaining to the Council's jurisdiction to hear this matter,or if there were any challenges to the participation of any Council member. There were none. Council President Wilson opened the public hearing. Associate Planner Farrelly gave the staff report.He described the eight Tigard historic properties located in residential zones.He said Council directed staff to explore ways owners of historic property could generate income to assist them in preservation,restoration and upkeep. He said one potential way to do this was to allow historic resources to be rented for events and meetings,subject to conditional use standards. He noted that the Planning Commission unanimously recommended denial of this proposed code amendment at a public hearing on November 22,2006. PROPONENT TESTIMONY: > Dan Quello, 16445 SW 92nd Avenue,Tigard, OR, 97224,testified on behalf of the proposed code amendment. He said a community needs places for its people to assemble and celebrate special events. He said if Tigard has a shortcoming,besides traffic woes,it would be a lack of the number of spaces,especially outdoors,available to hold functions and events. He said demand is strong for his award-winning historic home with two-plus acres of Victorian gardens. • Tigard City Council Minutes -December 12,2006 12 • • • Mr.Quello noted that the format of the public hearing doesn't allow for rebuttal so he wanted to respond to prior comments made in the media and at the Planning Commission meeting.He said it is not just about one house—or about making money. He said the benefit would be for the whole community.He said it is about the preservation movement in Tigard and allowing an incentive to help maintain the few historical houses left. He disagreed with comments made about the lack of control over event spacing,noting the proposed use averages out to only 1 1/2 events per month. Mr. Quello responded to Planning Commission public hearing testimony about police being summoned to garden weddings by saying that the only police officer to set foot on his property at a wedding was there as a groom. He remarked that Larry Galizio made an appeal • during the Planning Commission hearing to have staff and planning commissioners come by and do an on-site inspection. He said,`But then,when he heard that Councilors Sherwood and Woodruff had already been on-site for the Broadway Rose party and were open to exploring ways to use this historic resource,he said, `Those commissioners should recuse themselves.'. Why? Because they were on-site or perhaps because they held a different view than his own.Mr. Galizio cannot have it both ways." He said they've worked hard for 16 years to restore one of Tigard's treasures and would like to share it with the entire community. He said the historic preservation movement is not just about saving important structures; it's about opening them up. • > Bob Neithammer,19855 SW Riverwood Lane, Tigard,OR 97224,said he supported this amendment. He said his daughter wanted to get married outdoors and Tigard doesn't offer many places for an outdoor ceremony.He said she was married at the Quello house and he thought it was a beautiful setting. He said he lives three or four blocks away and has never heard noise coming from the Quello House. > Dan Mitchell,16585 SW 92nd Avenue,Tigard,OR 97224,said he moved next door to the Quello's property in 1991,four months before Mr. Quello purchased his property. He said it was in shambles with rotting floors and a carriage house covered in blackberry vines and the Quellos worked hard to restore the property. He has Tigard City Council Minutes -December 12,2006 13 • • • • experienced no problem with noise.He said if you want • to talk about noise,consider the Balloon Festival. He said his house shakes until 11:00 p.m. during the Balloon Festival and visitors to his house have to pay for parking, but he doesn't complain because it is an important Tigard event. He said he is totally for anything that encourages Dan Quello to maintain the property in its current beautiful condition. • ➢ Cindy Lehman, 13170 NW Dumar St.,Portland,OR 97229,testified in support. She read excerpts from a letter written by Karen Sigworth,an organizer of the Tigard-Tualatin School District's 1st Annual Garden Tour which included the Quello House as one of its destinations. She said one aspect of quality of life is preserving what is beautiful and unique in our • community and there is no other property in Tigard like the Quello's. She entered photographs into the record. • She said she hoped Tigard's elected officials could find a way to end the impasse that is both sensitive to the neighbors and allows the Quellos to preserve and share their bit of Tigard history. ➢ Jenni McGuire Legg, 17410 SW 135th Place,Tigard, OR 97224,testified that she was married at the Quello House and was honored to invite her friends and family to this beautiful home which is part of local history. She noted that her out-of-town wedding guests stayed and ate at local businesses which was good for the community. She added that she can now take her children to the Quello House and hoped the City could come up with a compromise so that other people could enjoy this property. ➢ Mark Dahm,28357 SW Morningside Avenue, Wilsonville,OR 97070,testified. He held his son's • • wedding reception at the Quello House and said it meant a lot to his family to hold their event among the rolling • lawns and ponds at such a serene setting. His guests stayed in local hotels and used local businesses. He complimented the Quello's hospitality and noted that family members still comment on their fond memories of the wonderful time they had on the property. • ➢ Dan Murphy, 14070 SW Hall Blvd.,Tigard,OR 97223, testified. He said the Broadway Rose Theater Company is proud to be a valuable part of Tigard, helping to build a sense of community by providing a gathering place for Tigard residents and beyond,to enjoy. He said the Quello House has the potential to provide Tigard residents a beautiful gathering place to celebrate Tigard City Council Minutes -December 12,2006 14 • • special occasions.Mr.Murphy said the Quello's opened up their home last summer to host the Theater's cultivation event.He said it was a pleasure to hold such an event inside Tigard,as they have generally gone outside the city for cultivation events in the past. He said few homes in the area offer the same beauty,charm and lush landscaping as the Quello House. He asked that Council consider their request to allow meetings and events in their home as a conditional use. OPPONENT TESTIMONY: > Cheryl Capelli holds interest in property at 16405 SW 93rd,Tigard OR 97224. Ms. Capelli gave six reasons to deny conditional use,as summarized below. She requested that the Council vote no on the proposed code amendment 1) Unfair advantage to one property over others. Conditional use events infringe upon normal use of nearby properties with noise,traffic and litter. 2.) A"Conditional Use Test"was tried at the Shaver-Bilyeu property for three years and failed to provide for the interests of the public. Public testimony before the Council in 2000 and before the Planning Commission in November 2006 ' highlighted that three years of"test" events clearly disrupted the home life of neighboring properties. • 3) Conditional Use is a"sleeping dog."The school, a stadium and park are visible when buying a home in the area. But property use that appears normal,yet impacts neighboring property when summer arrives,impacts neighborhood desirability. 4) Current Oregon historical tax relief program has not been proven insufficient. According to Washington County, the Quellos receive special tax treatment since 1994 for the Shaver-Bilyeu House. Comparing market value to taxable value,the market value is$790,970,yet the frozen taxable value is only$166,060. It appears special interest to add an additional compensation program when the current program has not been proven insufficient. 5) Historical property requiring Conditional Use to pay for costs fails to show a need.Reasonable investment in maintenance activities is an expected cost that all homeowners accept. Maintenance of a home on large property with a garden can be expensive and is an assumed investment responsibility. Excessive historical costs have yet to be shown and allowing Tigard City Council Minutes -December 12,2006 15 • Conditional Use for profit appears as special interest. 6) Conditional Use profits are not required to be reinvested.The proposed code change fails to ensure that historic properties actually benefit from Conditional Use profits. > Michael Brewin, 11225 SW Morgen Ct.,Tigard,OR 97223,testified on behalf of himself and his business, SoulJazz,LLC.In reference to Dan Quello saying earlier that this code amendment would be on benefit to the entire city,he disagreed,saying it would be a handout for one property. He said all testimony in favor has been about one • property but that the code amendment would affect the whole city. He presented slides of historic properties in Tigard and discussed the disadvantages to applying this conditional use to them,including parking,neighbor proximity,and adequate space issues. Mr.Brewin stated a concern that the August 15,2006 Council agenda referred to the"Quello House,"which is not how the house is listed on the National Register of Historic Places. He also said that the public hearing notice sent out by the City didn't disclose enough details. Mr.Brewin noted that City code enforcement staff is unavailable on evenings and weekends to document abuse. He read a list of 45 reasons to reject the development code amendment,a copy of which is in the City Recorder's office. The Council took a brief break at 9:41 p.m. and reconvened at 9:48 p.m. OPPONENT TESTIMONY CONTINUED— • > Richard Smith,16435 SW 93rd,Tigard,OR 97224, submitted photos for the record showing the view from his home towards the Quello property. He said he lives directly behind the Quello property. He noted that several trees were cut down by Mr. Quello and were left on Mr. Smith's property. He said he felt this proposed amendment was just to benefit Mr.Quello and turn his property into a commercial investment.He said the Quellos'have burdened the neighborhood with these parties and it is an annoyance. He expressed concerns about parking. • Tigard City Council Minutes -December 12,2006 16 • • > Don Manghelli, 16415 SW 93rd Avenue,Tigard,OR, 97224,lives behind the Quello House. He said he and his wife hear everything that goes on in the Quello House yard and he feels he can't mow his lawn or enjoy his own yard when events are going on. He reviewed the history of event use at the Quello House and the impact on the neighbors.He said even limiting events to twelve days a year would mean most summer weekends would be taken up with weddings because no one wants an outdoor wedding at other times of the year.. He said this is not compatible with a residential neighborhood. > David Otis,16465 SW 93rd Avenue,Tigard,OR 97224,said he wants to enjoy his backyard in peace without all the chaos,noting that every sound carries • across the gully from the Quello's yard. > Larry Galizio, 16455 SW 93.1 Avenue,Tigard,OR, 97224,pointed out that,except for the man testifying tonight who lives next door to Mr.Quello but has an acre in between,everyone testifying in favor of this • change lives away from the area. He said the people who are speaking in opposition live closer to the Quello House and would have to live with these changes. He also said it was significant that the Planning Commission voted unanimously,5-0 against the code changes. He responded to Mr. Quello's comments that this is not • a benefit for himself. He said following that logic,one possibility to consider would be to put all the money earned at the Quello House into an account for all the historic properties to use,which would benefit the community,not just Mr.Quello. Mr. Galizio said Mr.Quello said this was needed to allow some incentive for his family to continue to live in and maintain this home. He said Oregon taxpayers subsidize them already so it would be redundant and unfair to provide another incentive. on top of what is already provided. Referring to Mr.Quello's earlier site visit comment,he said the site visit he had requested was not for Council to go to the Quello House,but for Council members to go to Mr. Galizio's or any other neighbor's house to experience what everyone is talking about. Mr. Galizio asked about accountability. He asked how citizens would know that these funds are being spent on historic preservation. Tigard City Council Minutes -December 12,2006 17 • • He said,"Enough is enough.This is a residential area and I hope you heed the call of the Planning Commission which voted unanimously,5-0,and oppose this change." Council President Wilson asked if there was anyone else who wanted to speak. There being none,he closed the public hearing. Staff recommendation: Associate Planner Farrelly said staff recommends that if the City Council can find that the proposal is compatible with surrounding residential uses,and provides adequate guidelines for approval,then Council should approve it. Councilor Sherwood said the property is gorgeous but if Council puts this commercial zone change in,the neighbors are not going to be able to live normal lives. She said she was not in favor of overturning the Planning Commission's unanimous vote against it. Councilor Woodruff said he felt Council failed the Community because they couldn't come to a compromise on this. He said both sides made valid points. He said he was taken aback by the strong objections of the neighbors. He said it was troubling that things that happened in the past are clouding the issue now. He said regardless of what decision is made at this point,it would injure people,so he was still deliberating. Council Harding said she was not aware of the issues from the past.It was through the Broadway Rose Theater that she was at an event at Quello House. She said there were very few jewels left in the community. She heard a lot of conflict in the testimony tonight. She said that maybe 200 people at an event may be too many, • but 18 events out of 365 days a year is less than 5%of the year. She thought it ludicrous that it was suggested it would take a full-time code compliance officer. She said she feels for both sides. Councilor Sherwood said the difference between wedding events and school or sports events is that no one has to be quiet in their yard during school events. Councilor Harding said that's just the risk Mr.Quello takes. It's not an exclusive use requiring the neighbors to shut down their lives. Council President Wilson said he understands these issues. Just living next to people means you have to tolerate a certain amount. He thought he was the only Tigard City Council Minutes -December 12,2006 18 • • Planning Commissioner back when this came before them,to vote in favor of the Quello proposal. It's not just about historic preservation—it's also about people's ability to use a place that is unique. The Quello House is mostly about the grounds,not the interior. It is really about summer use and that is the difficult thing. This is • one of the most difficult things he's had to address in his eight years on the Planning Commission and four years on the Council. If you want things to stay as they are,it helps to have a financial incentive. I understand this is about the houses immediately behind the Quellos. He personally would like to see Council send this back. As it is written,there are too many issues. He is not terribly worried about other properties;you could not fit 200 people into the windmill. Fire codes and parking are issues. Councilor Woodruff said the numbers that came up(18 a year,200 attendees)were not set by the Council. He said he would be comfortable with less. Proceeds from this could pay for overtime for someone from the City to be right there to monitor things. Do whatever is required to send this back for review that makes it less onerous to the neighbors. Council President Wilson asked about the code enforcement issues that were raised,noting that we don't have night code enforcement officers. Community Development Director Coffee said the police could cite for various portions of the Code. There is also a provision in there that it could be revoked for violations and the police could document violations. Councilor Harding asked how it could be re-written without infringing on the Community Development Department's time,not doing a total re-write but adding more restrictions. City Manager Prosser said Council could refer it back to staff for more work but Community Development Director Coffee has identified that it will have an impact on the other priorities that Council has set. He asked,"If • staff worked on it,increased restrictions and it was heard again,would there be a different outcome? Council President Wilson asked if Council would hear appeals of the Hearings Officer's decisions. City Attorney Ramis said the appeals would go to the Council first and then could go to LUBA. Tigard City Council Minutes -December 12,2006 19 • Council expressed disappointment that the opposing groups couldn't come together and work out a compromise prior to the proposed code amendments being prepared. ■ Legislative Council President Wilson opened the public hearing. Motion by Councilor P .lic Hearing Woodruff,seconded by Co .rehensive City Attorney Ramis noted that everyone present in the Councilor Harding,to appr..e Plan room at this time was present for the preceding public Ordinance No.06-20. Amendm. t(CP hearing.He stipulated that the Attorney Statement for A) 2006-0:101/ Agenda Item 5 would be entered into the record as being The motion was app .ved by a Development the same for Agenda Item 6. unanimous vote o ouncil Code present. Amendment ouncil President Wilson asked if there were any (D CA) 2006- ch.. enges.There were none. No one had signed up to Council President Wilson Yes 00004- Habitat- speak this item. Councilo arding Yes Friendly Coun. .r Sherwood Yes Development Long Range lanning Manager Bunch gave the staff Co cilor Woodruff Yes Provisions report. He sai. taff evaluated all the applicable criteria from the Compre .-nsive Plan and the Development Code and found tha ese amendments comply. He sal. the Planning Commissi.• held a public hearing on October 16,2006,and re ,mmended approval.So••e changes were made to staff's .riginal recommen..tion and these are now included. - noted that Council adoption of the proposal would 1 lfill Ti:. d's agreements with the Tualatin River :. artners;2) comply with Metro functional plan Ti - 8 and also comply with associated State regula ons. e noted that this does not preclude the City f .m further . otecting resources by going through s . ewide processes established by Goal 5. Council President Wil .n opened up the hearing to public testimony. P .nning Commission Member Gretchen Buehn-. said that the density transfer section was removed f'r further work and will be coming back to Council•. early 2007. Councilor Harding noted that Council has discussed this befor, and while she would like it to be more restrictive, Co cil needs to move forward. Council President Wilson clarified a comment he made at the November workshop meeting. He said he is not opposed to conservation easements in general but is opposed to applying them to small, private lots, which developers will do to squeeze in another lot when they are otherwise required to have areas set aside for preservation. Tigard City Council Minutes -December 12,2006 20 AGENDA ITEM No. 5 Date: December 12, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: • DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 — HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow"Meeting and Event Uses"in residential zones with an Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have an Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. The full text of the proposed code amendment can be viewed at: http://www.tigard-or.gov/city hall/departments/cd/code amendments/historic overlay.asp LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with an Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. • This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony ' AGENDA ITEM NO. 5 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be ' included in the meeting minutes, which is a public record Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME,ADDRESS & PHONE NAME,ADDRESS &PHONE NAME,ADDRESS & PHONE Please Print Please Print Please Print Name: DA to Cs .L&c-/ D Name: G!-H02-1L ('A-pPE/-L-/ Name: • Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address iL WS 5- Lo R Z 'ti Address /&O VD5" s rA) q3`—V e- Address City "C'%le-"ciO City 17 L-Ati21) City State Zip State 42 Zip q 7 V1,1-f State Zip Phone No. 5o3 684 5 4 L Phone No. Phone No. Name: 1 G E 1 H H met_ Name: MOM% : Vl 7 Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: rill the gresiding presiding offic r pronounce: t it will help the presiding officer pronounce: ti- VI D k)1,-. ./TSZA i L C) ...r9p Address 113 SS Sw RIves2Woob L1J `Address I 1 .A.5 90 ivi efr ddress City T6 a 21a City .._.e.,‘ City State c' o� Zip 99-2- -'/ State , p Zip.67 - State Zip Phone No.. 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Pi lir riir itr).1(). • 131irglii: NO. 1(.2'. c.ii ' ' 'II' ri.• i 11. Ph4 Yiiir •iriiii.).• . .. ........ . . . .. . - • .. AGENDA ITEM NO. 5 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME,ADDRESS & PHONE NAME,ADDRESS PHONE NAME,ADDRESS & PHONE Please Print \ Please P ' t Please Print • Name: Name: /'4 I Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address 7'4 J� / ?J'ti'le---1 Address City City 74-7,./etos) City State Zip State - Zip /g State Zip Phone No. Phone No.�� :312 Phone No. �� 9)-19 - Name: Name: .. .. 6-a.\ 1 b Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if • will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address W 5s s-vJ q-5(1 f\t e - Address City City 1 t l a.S A City State Zip State 0 L Zip c r�"' .1-i State Zip Phone No. Phone No. 5©1? 5-1(0 110 \ Phone No. . . CDE,,:•,•:ay• Conciiti,...:;.1.1al Use ..• • • ••• ••• ••• • ..• • r.DC:4••.• 2006-00005 ••• ..• ••• • ..• • • • • • ..• ..• ..• ••• ..• • Histi,-Dric Properties in -Figaro, • • ..• ••• ..• • • • • - „_ _ a 4• .• • 4 • • • • 14' • d:' • .w . : e .. •. • .. . y yy .......................................................................................................................................................................................................... :.............................. ........................................................................................................................................................................................ ! F :.:1-31 . _ J.y.. 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I 1:1"..i ...4'' . i ...... :••• .: . i. cc:, .•:,..4.• i' .r. •, ,i, ••,,,1, ....,,,t z. • ..... • . ..• I ,'r..) •• • . - • . ........) • ..• - ' • . , , . • - -•••'1.- ......' ' -Ii'....1‘. '...:.•':.'...4:11••43111: I . ., ••• • • , ... , • ...... . . .. 1 . - : :• ... •,•'. i 0 .... ....: .: - • '•. - - C(..1. •!.....V.••••••:,.. ..,;.'4‘.'',1.•. ..1.}{1)11;!It I ",..... ',... .,.... 1, • ...• .3.; : • :., ••... ,• ' . : 1K f.:..•=1.: 4 •, ,:' ....4' • •• •— • ' •• .... . :. . .. 1.1"."...40:,?...1•ii:'• s:!'.:• 1 .•.:•••1141:07•4•,.••••• 14' ' I , , ., : . .;, - • Proposed Code Amendment • City Council directed staff to explore ways that owners of historic properties could generate income to assist in preservation, upkeep and restoration. • One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. Proposed Code Amendment Amends: • Use Classifications Chapter, 18.130 Adds a definition of Meetings and Events Use (for direct or indirect compensation) • Residential Zoning Districts, 18.510 Allows Meetings and Events as a Conditional Use in Properties with Historic Overlay and/or on National Register of Historic Places • Historic Overlay, 18.740 Adds an"incentives for maintenance"section Proposed Code Amendment Amends: • Conditional Use Chapter, 18.330 (Requires a public hearing before a Hearings Officer) Adds Development Standards for Meeting and Event Uses in Historic Properties in Residential Zones 5 • • Proposed Development Standards • Yearly maximum number of events: 18 • Maximum number of attendees: 12 events-40 max, 6 events-200 max • Hours of operation: 7 AM-9 PM(all activities must cease at 9 PM) • No outdoor amplified sound systems • Parking plan required for each event • Violations of the conditions of approval or code could result in the revocation of the conditional use permit Conclusion • The proposed Development Code Amendment complies with the Statewide Planning Goals,the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. • The proposed code language attempts to strike a balance between the interests of those living in residential zones,the owners of historic properties who might wish to engage in this use, and the Tigard community, which has an interest in the preservation of historic resources. 6 • • Planning Commission Action • The Planning Commission held a public hearing to discuss the proposal on November 20. • The Commission recommended denial of the proposed code amendment, by a unanimous vote. 7 Agenda Item# Meeting Date December 12,2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Legislative Public Hearing- Code Amendment to Allow Meetings and Events as a Conditional Use in Historic Resources in Residential Zones (DCA2006-00005). Prepared By: Sean Family co Dept Head Approval: City Mgr Approval: OM 1 1 C '� ISSUE BEFORE THE COUNCIL Should the Council approve the Development Code Amendment to add a definition of Meeting and Event Use to the Code and allow Meetings and Events as a Conditional Use in properties with a Historic Overlay and/or on the National Register of Historic Places,in Residential Zones? STAFF RECOMMENDATION • The Planning Commission voted unanimously to recommend denial of the proposed code amendment.At the hearing it was discussed that it was unlikely any additional revisions to the proposed amendment would result in language _ providing a better balance of the interests of owners of historic properties and their residential neighbors. If the City Council can find that the legislative amendment will ensure compatibility with the surrounding residential uses, and provides adequate guidelines for approval, the Council should direct staff to prepare an ordinance adopting the attached text amendments (Attachment 1). KEY FACTS AND INFORMATION SUMMARY To encourage the protection of Tigard's historic resources, the City Council directed staff to investigate ways in which owners of historic properties could generate income to assist in funding preservation and restoration, while balancing the interests of neighboring properties in Residential Zones. The proposed code amendment would amend the Use Classifications Chapter (18.130), Conditional Use Chapter (18.330), Residential Zoning Districts Chapter (18.510), and Historic Overlay Chapter (18.740) of the Tigard Community Development Code. The conditions to allow this use in Residential Zones would include limits on the number of events and attendees, noise, and parking. The proposed amendment would allow a total of 18 events could be held annually: 12 events with up to 40 attendees and 6 events with up to 200 attendees. All required notices, including newspaper publication and notices to properties within 500 feet of a historic resource, are complete. On November 20, 2006, the Tigard Planning Commission held a public hearing to discuss the proposed changes. Public testimony is outlined in the Planning Commission minutes (Attachment 2). Written correspondence is found in Attachment 4. Based on the staff report and the testimony given before and during the public hearing, the Commission recommended denial of the amendment by a unanimous vote. Individual Commissioners gave different reasons for their recommendation, including the impact of the proposed use on noise level and parking in the surrounding residential neighborhoods; and the perception that this code amendment will benefit only one person. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not Applicable. ATTACHMENT LIST Attachment 1: Proposed Code Text Changes Attachment 2: Draft November 20,2006 Planning Commission Minutes Attachment 3: Staff Report to the Planning Commission Attachment 4: Public Comment Correspondence FISCAL NOTES Not Applicable. • TIGARD CITY COUNCIL&LOCAL I1 CONTRACT REVIEW BOARD i MEETING DECEMBER 12,2006 6:30 p.m.m. Tt TIGARD CITY HALL .- 13125 SW HALL BLVD . .._ TIGARD, OR 97223 PUBLIC NOTICE: To request to speak to the City Council: ➢ Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). ➢ If no sheet is available for the agenda item you would like to address, sign the Citizen Communication sign-in sheet and ask the Mayor if you may speak to the Council when that agenda item is considered. ➢ For Citizen Communication items regarding items not on the agenda, citizens are asked keep their remarks to two minutes or less. Longer matters can be set for a future Agenda by contacting the Mayor or the City Manager. ➢ If you need assistance determining how to sign in,please speak to the staff greeter who will be near the entry to the Town Hall before the Council meeting. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with.impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling. 503-639-4171, ext. 2410 (voice) or 503-684-2772 (11)D - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12,2006 page 1 • • AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DECEMBER 12, 2006 6:30 PM • STUDY SESSION > City Attorney Review > Report on Gas Tax Town Hall Meetings • Review Reallocation of 72nd Avenue Culvert Project Funds Stormwater Treatment Facility • EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items • 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Jasmina Dizdarevik • Webelo Boy Scouts • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL AND LOCAL , CONTRACT REVIEW BOARD AGENDA DECEMBER 12,2006 page 2 • 7:45 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Receive and File: a. Canvass of Votes for City of Tigard Relating to the Election on November 7, 2006 b. Council Calendar c. Council Meeting Tentative Agenda 3.2 Approve Reallocation of Healthy Streams Project Funding from a 72nd Avenue Culvert Project for Design of the Proposed Commercial Street Regional Stormwater Treatment Facility 3.3 Local Contract Review Board: a. Award of Contracts for Environmental Assessment and Remediation Services on an As-Required Basis to AMEC Earth and Environmental, Inc. and GeoEngineers b. Approve a Contract Amendment to the Commercial Street Design Contract to Create a Regional Stormwater Treatment Facility with OTAK,Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items n'guerted to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 4. QUASI JUDICIAL PUBLIC HEARING--TOPPING KEMP ZONE CHANGE ANNEXATION (ZCA)2006-00003 REQUEST: Annexation of four parcels total containing 1.81 acres to the City of Tigard. Property owners Richard Topping and Katie Kemp request annexation of three parcels,with plans to build a pre-school on one parcel. The City invited owners of six adjacent properties to join the annexation. Property owners Charles and Christina Hanson accepted the invitation and request annexation of one parcel. All property owners and living residents have consented to the annexation. LOCATION: SW Spruce Street between SW 72nd Avenue and SW 75th Avenue;7303 SW Spruce Street, 10735 SW 72nd Avenue,10705 SW 72nd Avenue, 10670 SW 75th Avenue;WCTM 1S136AC,Tax Lots 2200,2400,2500 and 4700. COUNTY ZONES: Office Commercial District (OC). The intent of this District is to encourage office complex development of institutional,professional,medical/dental,governmental and other office business uses. The purpose is to accommodate the increasing office needs in complexes ranging in size from small to large-scale development. Office uses are the primary use of this District. To serve the employees of the office complex,some accessory commercial and high density residential uses may be permitted through the Planned Development process;AND R-5 District (Residential 5 units per acre). The R-5 District is intended to implement the TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12,2006 page 3 • • policies of the Comprehensive Plan for areas designated for residential development at no more than five (5)units per acre and no less than four (4) units per acre,except as specified otherwise by Section 300-2 or Section 302-6. The primary purpose is to protect existing neighborhoods developed at five (5)units per acre or less. Infill development on all parcels two (2) acres or less may occur only through application of the infill policy (Section 430-72). EQUIVALENT CITY ZONES: C-P:Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services,e.g.;convenience retail and personal services,restaurants,in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District,residential uses at a minimum density of 32 units/net acre,i.e.,equivalent to the R-40 zoning district,are permitted in conjunction with a commercial development. Heliports,medical centers,religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas;AND R- 4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Policies 2 and 10; ORS Chapter 222;and Metro Code Chapter 3.09. a. Open Public.Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff e. Public Testimony - Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 06- TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12,2006 page 4 • • 8:20 PM 5. LEGISLATIVE PUBLIC HEARING -DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 -HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS:Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE:Add additional development standards for conditional use types to allow "Meeting and Event Uses"in residential zones with an Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table):Add a use category for"Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have an Historic Overlay and/or are on the National Register of Historic Places;and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. The full text of the proposed code amendment can be viewed at: http://www.tigard-or.gov/city hall/departments/cd/code amendments/historic overlay.asp LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with an Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff e. Public Testimony Proponents Opponents f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 06- TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12, 2006 page 5 • • 9:20 PM 6. LEGISLATIVE PUBLIC HEARING-COMPREHENSIVE PLAN AMENDMENT(CPA) 2006-00001/DEVELOPMENT CODE AMENDMENT (DCA) 2006-00004 - HABITAT- FRIENDLY DEVELOPMENT PROVISIONS REQUEST: Amendments to the Tigard Comprehensive Plan (Volume I) and Community Development Code (Sections 18.360, 18.370, 18.705, 18.715, 18.765, 18.775, 18.810) in compliance with Statewide Planning Goal 5 and Metro Title 13 (Nature in Neighborhoods) to adopt the Significant Habitat Areas Map and to implement the recommendations of the Tualatin Basin Fish & Wildlife Habitat Program aimed at encouraging the use of habitat-friendly development practices. The proposed amendments will not result in increased development restrictions but will give developers the option to take advantage of greater regulatory flexibility in exchange for the use of habitat-friendly practices. Amendments will remove barriers to, and provide code flexibility for development that incorporates habitat-friendly techniques. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: CBD, C-G,C-P, I-H, I-L, I-P,MUC,MUE,MUE-1,MUE-2,MUR-1,MUR-2,R-1,R-2, R-3.5, R- 4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2, 3 & 4;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1,2, 5 and 6. a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff e. Public Testimony Proponents Opponents f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 06- TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12,2006 page 6 • • 9:50 PM 7. COUNCIL LIAISON REPORTS • 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend • Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 10. ADJOURNMENT i:'.adm\cathy\cca\2006\061212.doc • • TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA DECEMBER 12, 2006 page 7 • • Attachment 1 City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY. DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: 51tlprv`�l�i:y`n ,.1�✓.;Y_ =0%.tE'.,> _er'iuw ;:�.L 'T.,.'`i'�bS`-.t'3C Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. • tE C ON®` _ , A itik Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. • b. Yearly maximum-number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and • 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting:No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. • • shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.33030.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. C a en--°&74 tr -�M1 Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. ,.. a ss*as.�..'.x;.t, ��,g' _°..._ T/"� `�+:�°� �< �^,r+v�,.sar-n ;afifi `$ 0r SAP*fir '41 7 � 6 ;. yam' (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) 0 • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R1/C R1/C R'/C R'/C R'/C R1/C Transitional Housing - N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural lnstitutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services CC C C C N N N Medical Centers N N C CC C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N NN . IP TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 C Historic Place Meetings and Events C12 2 C 2 C 2 C 2 Gat C12 Cie Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co co C'0 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N. N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R' P/R7 P/R2 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. • • 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. • • • • DRAFT DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold CHAPTER 18.130 USE CLASSIFICATIONS • Sections: 18.130.010 Purpose 18.130.020 Listing of Use Classifications 18.130.030 Unlisted Use: Authorization of Similar Use 18.130.010 Purpose A. Purpose. The purpose of this chapter is to classify uses into a limited number of use types on the basis of common functional, product or compatibility characteristics, thereby providing a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. 18.130.020 Listing of Use Categories A. Residential use types. 1. Household Living: Living facilities for small groups (households) of people who are related or unrelated, featuring self-contained units including facilities for cooking, eating, sleeping and hygiene. Tenancy is longer than one month. Includes most types of senior housing, e.g., congregate care, assisted living, if residents live in self-contained units. The maximum number of people who may reside in any given dwelling unit shall be determined by the Uniform Building Code. 2. Group Living: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/ convalescent homes, residential care/treatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. Does not include detention and post- detention facilities(see 18.130.020 E.3.,Detention Facilities). 3. Transitional Housing: Public or non-profit living facilities with same characteristics as Group Living but with tenancy less than one month. Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. Excludes private, profit-making short-term housing (see 18.130.020 C.I., Commercial Lodging); and detention and post-detention facilities(see 18.130.020 E.3.,Detention Facilities). B. Civic use types. I. Basic Utilities: Community infrastructure, including water and sewer systems, telephone exchanges, power substations and transit stations. Use Classifications 18.130-1 Code Update: 09/06 • • • 2. Colleges: Institutions of higher education with/without 'dormitories. Excludes private, profit- making trade and vocational schools(see 18.130.020 C.1.,Personal Services). 3. Community Recreation: Public or non-profit recreational, social and multi-purpose facilities. Examples include: community centers, senior centers, indoor and outdoor tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks, playgrounds, picnic areas and golf courses. Excludes commercial recreational facilities(see 18.130.020 3.C.3.c,Indoor Entertainment). 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. 5. Day Care: As defined by Oregon State Statute: a. Family Day Care: Provision of day care services for children, with or without compensation, in the home of the caregiver. May provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the school year, a family day care provider may care for four additional children on days and during the hours that school is not in session. Such children must be as least an age eligible for first grade. During summer vacation, a provider may care for four additional day care children of any age up to a maximum of four hours per day. No more than a total of 10 children including the provider's own children may be present at any one time. b. Day Care Group Home: Day care facility in which care is provided in the home of the caregiver, with or without compensation, for 7-12 children. It is subject to certification by the Children's Services Division. c. Institutional Day Care: Day care facility operated with or without compensation that is certified by the state to care for 13 or more children,or a facility that is certified to take care of 12 or fewer children and located in a building constructed as other than a single-family dwelling. Typical uses include nursery schools, pre-schools, kindergartens, before- and after- school care facilities or child development centers. 6. Emergency Services: Public safety facilities including police and fire stations, emergency communications and ambulance services. 7. Medical Centers: Facilities providing inpatient, outpatient and emergency and related ancillary services to the sick and infirm. Usually developed in campus setting. Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. Medical centers may also include free-standing offices for hospital-based and/or private-practice physicians and other allied health care professionals;these medical office buildings are regulated as Offices. 8. Postal Service: Refers to postal services and processing as traditionally operated by the U.S. Postal Service, United Parcel Service or other similar entities. Such facilities include customer sales,mail sorting and fleet truck storage. 9. Religious Institutions: Places of religious worship which may include related accessory uses such as offices,classrooms, auditoriums, social halls,gymnasiums and other recreational activities. Use Classifications 18.130-2 Code Update: 09/06 • • 10. Schools: Public and private elementary,middle and high schools. 11. Social/Fraternal Clubs/Lodges: Non-profit organizations with social, philanthropic and/or recreational functions and activities. C. Commercial use types. • 1. Commercial Lodging: Residential facilities such as hotels, motels, rooming houses and bed-and- breakfast establishments where tenancy is typically less than one month. May include accessory meeting and convention facilities and restaurants/bars. 2. Eating and Drinking Establishments: Establishments which sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns, brew pubs and espresso bars. 3. Entertainment-Oriented a. Major Event Entertainment: Facilities such as auditoriums, stadiums, convention centers and race tracks which provide athletic, cultural or entertainment events and exhibits for large groups of spectators. b. Outdoor Entertainment: Facilities with extensive outdoor facilities including outdoor tennis clubs, golf courses and shooting ranges. c. Indoor Entertainment: Commercial indoor facilities such as health/fitness clubs, tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling alleys, arcades, shooting ranges and movie theaters. d. Adult Entertainment: Facilities including adult motion picture theaters, adult video/book stores and topless, bottomless and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 4. General Retail a. Sales-Oriented: Establishments which consumer-oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware;household products;jewelry;pets and pet products; pharmaceuticals; plant;printed materials;stationery and videos. Excludes large- scale consumer products (see 18.130.020 C.4.d); and those sold primarily outdoors (see 18.130.020 C.4.e, Outdoor Sales). b. Personal Services: Establishments which provide consumer services such as banks and credit unions; barber and beauty shops; pet grooming; laundromats and dry cleaners; copy centers; photographic studios;trade/vocational schools; and mortuaries. c. Repair-oriented: Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment; tailors and seamstresses; shoe repair;locksmith and upholsterer. Use Classifications 18.130-3 Code Update: 09/06 • • d. -Bulk sales: Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. e. Outdoor sales: Establishments which engage in sales requiring outdoor display and/or storage including lumber yards and nurseries. f. Animal-related: Animal breeding and boarding facilities. Excludes pet sales/supplies (see 18.120.030 C.4.a, Sales-Oriented); animal grooming(see 18.130.20 C.4.b, Personal Services); and veterinary clinics(see 18.130.020 C.6.,Offices). 5. Motor Vehicle Related - a. Motor Vehicle Sales/Rental: Includes car, light and heavy truck, mobile home, boat and recreational vehicle sales,rental and service. • b. Motor Vehicle Servicing/Repair: Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an accessory to new vehicle sales. c. Vehicle Fuel Sales: Establishments engaging in the sale of gasoline, diesel fuel and oil products for cars,trucks,recreational vehicles and boats. 6. Office: Government, business and professional offices. Examples include local, regional, state and federal offices and agencies; medical, dental and veterinary clinics and laboratories; blood collection centers; offices for attorneys, architects, accountants,engineers, stockbrokers,real estate agents, mortgage bankers, insurance brokers and other consultants; headquarters offices; sales offices; and radio and television studios Also includes painting, landscaping, building and janitorial contractors where the indoor storage of materials and equipment are incidental to the office use. If this storage exceeds 50% of occupied space, such uses are classified as Industrial Services(see 18.130.020 D.1) Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. 7. Non-Accessory Parking: Any private or public parking, either paid or free, which is not an accessory to a primary use; includes public and private parking structures and lots, and transit park-and-ride lots. May also include free-standing fleet vehicle parking lot. • 8. Self-Service Storage: Commercial operations which provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Does not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see 18.130.020 D.5, Warehouse/Freight Movement). 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. D. Industrial use types. Use Classifications 18.130-4 Code Update: 09/06 • • 1. Industrial Services: Includes the repair and servicing of industrial and business machinery, equipment and/or products. Examples include welding shops; machine shops; repair shops for tools,scientific/professional instruments,and motors; sales, repair,storage,salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry,dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 2. Manufacturing and Production a. Light Industrial: Includes production, processing, assembling, packaging or treatment of finished products from previously prepared materials or components. All activities and storage is contained within buildings. Examples include the manufacturing and assembly of small-scale machinery, appliances, computers and other electronic equipment; pharmaceuticals; scientific and musical instruments;art work,toys and other precision goods; sign-making; and catering facilities. b. General Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. All activities are contained within buildings although there may be some outside storage of raw materials. Examples include food processing; breweries, distilleries and wineries; production of apparel or textiles; woodworking including cabinet makers; production of chemical, rubber, leather, clay,bone, plastic, stone or glass materials or products; manufacturing and production of large-scale machinery. c. Heavy Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. A substantial proportion of activities and storage may be undertaken outdoors with resulting noise, glare, vibration and other potentially adverse impacts. Examples include energy production facilities; concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing; production of cars, trucks, recreational vehicles or mobile homes. 3. Railroad Yards: A terminus of several railroad lines where the loading, unloading, transshipment and switching of rail cars is undertaken. 4. Research and Development: Facility featuring a mix of uses including office, research laboratories and prototype manufacturing. If no manufacturing component, considered Office use (see 18.130.020 C.6). 5. Warehouse/Freight Movement: Uses involved in the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with significant truck and rail traffic. Examples include free-standing warehouses associated with retail furniture or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals; bus barns; grain terminals; and stockpiling of sand, gravel, bark dust or other aggregate and landscaping materials. 6. Wholesale Sales: Involves sales, leasing or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public is limited. Examples include the sale or rental of Use Classifications 18.130-5 Code Update: 09/06 • • • machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies,janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food,clothing,auto parts,and building hardware. 7. Waste-Related: Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses which collect sanitary wastes, or uses that manufacture or produce goods or energy from he composting of organic material. Examples include recycling/garbage transfer stations; land fills; composting, energy recovery and sewage treatment plants. E. Other use types: 1. Agriculture/Horticulture: Open areas devoted to the raising of fruits,vegetable,nuts,nursery stock and/or flowers;may include on-site sales of products grown on the site. Excludes nurseries,which are classified under Outdoor Sales(see 18.130.020 C.4.e) 2. Cemeteries: Facilities for storing human remains. Accessory uses may include chapels, mortuaries,offices, maintenance facilities and parking. 3. Detention Facilities: Uses which have the characteristics of Group Living but are devoted to the housing, training and supervision of those under judicial detention. Examples include prisons, jails, probation centers, juvenile detention homes and related post-incarceration and half-way houses. 4. Heliports: Public or private facilities designed for the landing, departure, storage and fueling of helicopters. 5. Mining: Uses which mine or extract mineral or aggregate resources from the ground for off-site use. Accessory uses may include storage, sorting and transfer facilities. 6. Rail Lines/Utility Corridors: The regional corridors in public or private ownership dedicated for use by rail lines; above-grade or underground power or communication lines; water, sewer and storm sewer lines; or similar services. 7. Wireless Communication Facilities: Includes publicly- and privately-owned towers and related transmitting equipment for television, FM/AM radio, cellular and two-way radio and microwave transmission and related ancillary equipment buildings. Does not include radio/television transmission facilities which are part of the public safety network; see Basic Services. Does not include amateur(ham)radio antennas or towers. (Ord. 06-13) 18.130.030 Unlisted Use: Authorization of Similar Use A. Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. B. Process. The Director shall render an interpretation,as governed by Chapter 18.340 Use Classifications 18.130-6 Code Update: 09/06 • C. Approval standards. Approval or denial of an unlisted use application by the Director shall be based on findings that: 1. The use is consistent with the intent and purpose of the applicable zoning district; 2. The use is similar to and of the same general type as the uses listed in the zoning district; 3. The use has similar intensity, density, and off-site impacts as the uses listed in the zoning district; and 4. The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. 1. The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use. 2. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone.■ Use Classifications 18.130-7 Code Update: 09/06 • • DRAFT DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements. 18330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section I8.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; b. An 10%increase in dwelling unit density; c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Conditional Use 18.330-1 SE Update: 10/04 • • e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.390.050. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title;and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Conditional Use 18.330-2 SE Update: 10/04 • • 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location,topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution,glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; Conditional Use 18.330-3 SE Update: 10/04 • • 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic,tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery, preschool, elementary,junior, middle, or high school; Conditional Use 18.330-4 SE Update: 10/04 • • (3) Day care center,nursery school,resident care facility or hospital; (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph(a)above is listed; c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; Conditional Use 18.330-5 SE Update: 10/04 • • b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more,along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. 6. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. 7. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots,the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. 8. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. 9. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; Conditional Use 18.330-6 SE Update: 10/04 • • b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 10. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus I,000 square feet for each bed over 15 beds; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 11. Cemeteries: a. The minimum lot size shall be five acres; b. Setbacks: (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; Conditional Use 18.330-7 SE Update: 10/04 . • (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street,plus meet visual clearance areas, Chapter 18.795; (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. 12. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. - 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3)The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.765; 14. Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. 15. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; / Conditional Use 18.330-8 SE Update: 10/04 • • • d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. 16. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone;• c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 18. Manufactured/Mobile Home Parks(Also see Chapter 18.750): a. Minimum lot size shall be one acre; b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; Conditional Use 18.330-9 SE Update: 10/04 i • e. Off-street parking shall be in accordance with Chapter 18.765; f. Landscaping shall be equal to 20% of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 19. Children's Day Care: a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. 20. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk- up window service, such as an automatic teller machine,at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. Conditional Use 18.330-10 SE Update: 10/04 • • h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s)at any time. 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, Conditional Use 18.330-11 SE Update: 10/04 • • • evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.33030.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. • Conditional Use 18.330-12 SE Update: 10/04 • • DRAFT DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services--at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing, Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts A. R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Residential Zoning Districts 18.510-1 Code Update: 06/02 • • ' E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510-2 Code Update: 06/02 • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N NN N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N - N - Animal-Related N N N N N N N N Residential Zoning Districts 18.510-3 Code Update: 06/02 • • TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C12 C 2 Cat Cu Cu '2 C'2 C'2 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co co co INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers,which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Residential Zoning Districts 18.510-4 Code Update: 06/02 • • 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2: Residential Zoning Districts 18.510-5 Code Update: 06/02 • S TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size -Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit[1] 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. -Duplex lots 90 ft. 90 ft. 50 ft. -Attached unit lots 40 ft. Maximum Lot Coverage - - - - 80%[2] Minimum Setbacks -Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. -Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. -Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. -Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - - - 20% [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. TABLE 18.510.2-(Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-12 R-25 R40 STANDARD MF DU* SF DU** MF DU* SF DU** MF DU* SF DU** Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft.per unit 1.480 sq.ft. 3,050 sq.ft.per unit None None -Attached unit 1,480 sq.ft. None -Duplexes 6,100 sq.ft.or 3,050 sq.ft.per unit None -Boarding,lodging,rooming house 6,100 sq.ft. Average Lot Width None None None None None None Minimum Setbacks -Front yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side facing street on . corner&through lots 20 ft. 10 ft. 20 ft. 10 ft. 20 ft. 10 ft. -Side yard 10 ft. 5 ft.[1] 10 ft. 511.[1] 10 ft. 5 ft.[I] -Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. -Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Coverage[2] 80% 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% 20% 20% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit Residential Zoning Districts 18.510-6 Code Update: 06/02 • • 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745,Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments.■ Residential Zoning Districts 18.510-7 Code Update: 06/02 • • DRAFT DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.740 HISTORIC OVERLAY Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: 1. Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education,pleasure,energy conservation, housing,and public welfare of the City; and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. Historic Overlay 18.740-1 11/26/98 • 18.740.030 General Provisions A. Approval of exterior alterations. Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance,nor may any new structure be constructed in an historic district unless approved by the Director. B. Approval of demolition. No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling,as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource;and 2. Artifacts from the resource it deems worthy of preservation. E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places,Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. 18.740.040 Approval Process A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010,Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Historic Overlay 18.740-2 11/26/98 • • c. The site or area is identified with historic personages,or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction;or e. The proposed site or area is a notable work of a master builder, designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type H procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type H procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Historic Overlay 18.740-3 11/26/98 • 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure; and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure,as governed by Section 18.390.040,by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question,or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- of-way,and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390, Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020,must include the following information. Specific information to be contained in each of the following is available from the Director. 1. Site plan; 2. Architectural drawings; 3. Landscape plan; 4. Sign drawings.■ Historic Overlay 18.740-4 11/26/98 • • Attachment 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 20, 2006 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Buehner, Caffall,Harbison,Meads, and Walsh Commissioners Absent: Commissioners Munro and Vermilyea Staff Present: Dick Bewersdorff,Planning Manager; Ron Bunch,Long Range Planning Manager;Sean Farrelly,Associate Planner;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS It was advised that the meeting with the Tree Board on December 11 d,might start later than 8:00. There are 2 public hearings.that night with the Hearings Officer that staff needs to attend before the workshop with the Tree Board. Commissioner Walsh reported on the Tree Board. They held a follow up meeting after the last workshop with the Planning Commission. Dick Bewersdorff advised that staff will outline the issues brought up at the last workshop in preparation of the next workshop on December 11 t. Commissioner Buehner advised that the Transportation Financing Task Force held an open house on November 9th to discuss the proposed gas tax. She noted that the meeting was well attended and lots of thoughtful questions were asked. There will be a 2nd open house on November 30th. Commissioner Buehner reported that the City Center Advisory Commission is beginning discussions on the Fanno Creek Park Master Plan. They hope to have it completed shortly after the first of the year. They are preparing a request for proposals for a consultant to work with a citizen committee to work through the details of the Master Plan. There will be a workshop with the Planning Commission probably in February. Commissioner Meads reported on the Park and Recreation Advisory Board. She advised that they are working with staff to request funding in the next fiscal year for start up of a recreation PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 1 • • program in the City. She noted that the City is recruiting to fill 2 Park Board positions whose terms expire at the end of the year. Also,another Board member will be retiring in February. The Skate Park Committee is a little behind in their schedule. It is hoped to have the Skate Park completed by the end of next summer or perhaps the fall. Commissioner Meads also advised that the pedestrian bridge between Tigard and Tualatin is completed, but has not opened as yet. There is a trail from the Butterfly Pavilion at Cook Park down to the bridge. Commissioner Buehner noted that,with her election to the City Council, she would be resigning from the Planning Commission by the end of December. Commissioner Caffall reported on the Committee for Citizen Involvement. They met with Bob Roth, the City's volunteer program developer,who talked about the City's webpage and job descriptions for volunteers. The South Pacific Island representatives met with the CCI again. The CCI will try to find funds to help the group. The CCI will work with the schools to set up informational meetings with the South Pacific Island community and send home reports with the students to solicit parent participation. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the November 6,2006 meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioner Harbison abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS:Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 2 • • STAFF REPORT Associate Planner Sean Farrelly presented the staff report on behalf of the City. He gave a PowerPoint presentation (Exhibits A and B) to provide details of the proposed code amendment. The Planning Commission had the following questions and comments (staff responses are in italics): • Who reviews the parking plan? Farrelly answered that the parking plan must be submitted at the time the conditional use permit is requested. It is confirmation that adequate parking can be accommodated. He noted that of the 8 residential properties included in the proposal, 3 might be able to provide off-street parking for 200 attendees. • Which historical properties are currently private residences? Private residences include the Charles F. Tigard House, the Tigard Farmhouse, the Seven Gables Upshaw House, the Gaarde House, and the Shaver-Bilyeu House (Quello House). • Other than the Quello House, have any other residences been used for events? Farrelly answered, no, not to his knowledge. • Were the development standards developed by staff? Yes • If the proposal is turned down be the Planning Commission, what happens? Council will still hold a public hearing, and will be informed that the Planning Commission recommended denial. • The impetus is to generate revenue to offset costs of maintenance and upkeep. Is there anything in the proposal that requires the funds be used for maintenance? No • What was the basis for the recommendation of 7:00 a.m. to 9:00 p.m. time period? Farrelly said this follows the current noise code. Planning Commissioners advised that the current noise code is 7:00 a.m. to 7:00 p.m. • What was the basis for the 40 and 200 numbers for attendees? Staff met with Code Enforcement and other planners and chose numbers that balanced interests and seemed plausible. • Was the Fire Marshall contacted to determine occupancy? No. The Commission recommended soliciting input from the Fire Marshall. This could be made part of the conditional use permit process. - • The proposal doesn't have any spacing requirements for the number of events. The events could all be held over a short period of time — all during the summer months with nothing during the winter. • What are the requirements for obtaining a conditional use permit and what methods are there to enforce the conditions? There would be a public hearing before a Hearings Officer. Thy would have to file a site plan showing how the conditional use would work and how th y could meet the development standards. Each granting of a conditional use for a property would involve a public hearing. For each event, th y would have to file a parking plan proving they are following the conditional use approval. The conditional use approval would only continue as long as the property is registered as a historic property. If the designation was gone, the conditional use would cease. • Is there a fee? There is a one time application fee of approximately 32,000-33,000. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 3 • S • At the time they file a parking plan,would they be required to see if there are other events going on in the area? Yes. They would be required to file a parking plan one week in advance, so staff could check to see if there are other events going on in the area at the same time. The Planning Commission remarked that one week may not be enough time to review the parking plan; the review timeframe should be considerably longer. There could be conflicts with other events. Usually events are known about 3 months in advance. Parking plans could be submitted at least 2 months ahead. • There is nothing in the proposed amendment that requires notification of events to surrounding neighbors so they could be sufficiently prepared. That would require another permit process. • Commissioner Harbison didn't think parking would be that big of an issue. Parking- constrained sites can be addressed during the conditional use hearing. He doesn't believe there's a need to do something for each event. Other Commissioners disagreed. • Did staff consider charging a nominal fee to review the parking plans? It makes sense; staff will consider it. • What has been the request for this type of activity for properties other than the Quello house? None • What are the cost benefits for a historic overlay vs. historic register? The Tigard historic overlay is locally designated. It's voluntary for the property owners. After it's designated, any kind of exterior alterations have to be approved by the City to make sure it keeps in character with the period of the home. It's a much more rigorous process to get on the National Register. Specialists are hired to prove the structure is worth being approved by the National Register. .Once it is on the National Register,property taxes are frozen for a period of time. • Has the City ever considered a tax incentive to defer maintenance costs? Not that staff is aware of. • Did the request for the City to be the applicant come from multiple owners of these homes? No, Council directed staff to do the code amendment. • Are ADA facilities part of the permitting process? No, this was not included. Sometimes this is an issue for historic properties since they were built before there were ADA requirements. In the s code, there is an exception for historic properties. It was suggested the City pattern their code to what the federal program has done (wheelchair access ramps and lavatory facilities). • What about restroom facilities for 200 attendees? How many porta-potties will there be on the site? This could be a concern. This is something that should be addressed before they receive a conditional use permit. • Has the Shaver-Bilyeau House ever been requested to be put on the local registry? Not that we know of. PUBLIC TESTIMONY— IN FAVOR Dan Quello, 16445 SW 92nd Ave., Tigard, OR 97224 provided his personal history of the Shaver-Bilyeu House (aka Quello House) which he bought 16 years ago. He advised that the PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 4 • • house has been used in the past for weddings, which eventually became an issue for some of the neighbors. A proposal to use the facility as a bed and breakfast as well as a place to conduct garden weddings was brought before the City Council a few years ago. The results of the hearing were mixed, and the request was denied. This last year, the Quellos have hosted some non-profit events. Two City Councilors attended one of the events and were impressed with the property. The Councilors came to the Quellos and said there ought to be a way that the facility could be used by the public. Mr. Quello sent a letter to Councilor Sherwood who shared the letter with Council. It was decided to start the process again. He believes staff has come up with suitable language that would allow historic facilities to host events for the.public. Mr. Quello read an article from the Oregonian about a historic inn in the Corbett area which will now be able to re-open as a business after being a residence for several years. The Columbia River Gorge Commission adopted new rules allowing commercial use in some historic buildings. Mr. Quello believes the current request of 6 large events a year is modest and manageable. He advised he has 50 parking spaces in front of his house, as well as 250' of driveway, 1 acre of pasture, and a lawn which can provide additional parking. He also advised that the house has 5 bathrooms and 2 kitchens (1 for catering). He noted that a movie location scout approached him a year ago about filming a wedding on his property for a movie. They got approval from City staff and the wedding was held this past September. During the wedding, Mr. Quello walked around the neighborhood to check the noise level. He couldn't hear anything. Commissioner Walsh asked Mr. Quello if he had considered using a section of the property further away from the neighbors for hosting events. Mr. Quello'said he has held events on a different section of the property. It is a possibility and he is open to it. President Inman asked Mr. Quello why he has not requested local historic overlay of the property. Mr. Quello answered that it seems there is no benefit. The property is already on National Registry. President Inman asked if Mr. Quello would be agreeable to a reduction in the number of attendees or the number of events. Mr. Quello said he is open to compromise. Mr. Quello reviewed the tax benefits of owning historic property. He advised that when he applied to the National Registry, he received a freeze in the tax assessment for the property. The freeze is good for 15 years, after which time he will need to reapply for another 15 years. The renewed assessment would be at the current appraised value. Commissioner Caffall believes the City needs to maintain and keep some of these older houses. He would prefer to see this type of house remain in perpetuity rather than selling it to developers. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 5 • • Jacque Quello, 16445 SW 92nd Ave., Tigard, OR 97224 signed up to speak, but did not speak. • Ron Soberg, 11333 SW Gaarde Street, Tigard, OR 97224, testified that he is the current resident of the Gaarde House. He believes that a lot of the comments he has heard shouldn't hold true for just owners of historic properties;they should apply for all homes in Tigard. If someone is having 20-30 visitors to their home, they should go through the same process that is being requested of historic properties. The issues are the same. Living in a community requires the need for respect from neighbors and the need to respect neighbors in turn. He also advised that when he bought the Gaarde House from the City of Tigard, he paid for everything himself— he did not receive any support from the City. Commissioner Walsh agreed that if someone is having a private party, they should let the neighbors know. However, he sees a distinction when it comes to commercial use. Commissioner Meads brought up the number of events being proposed. Individual homeowners would not likely hold 6 large events in a year. Mr. Soberg said that, for him, the number of events in a year wouldn't make that much difference as would the number of attendees. PUBLIC TESTIMONY— IN OPPOSITION Cheryl Cappelli, 16405 SW 93rd Ave.,Tigard 97224 read a letter to the Commission (Exhibit C). Commissioner Meads asked when the 3 year period occurred. Ms. Cappelli answered it was from 1998 to 2000. She advised that she has also heard noise and has seen parking problems from the more recent events as well. She noted that there is a gully running along the properties that funnels the sound to the neighborhood. With regard to noise from the high school and Cook Park events, she said they live there knowing there would be that kind of use. President Inman asked if the number of attendees makes a difference. Ms. Cappelli said she hears the events that are held outside. President Inman asked if there were any pieces of the proposal that could be changed to make it more palatable. Ms. Cappelli thinks it's a commercial vs. residential issue. Mike Brewin, 11225 SW Morgen Court, Tigard 97223 showed pictures of the different historic properties impacted by the proposed amendment. He also provided a copy of his own recommended changes to the proposed code language (Exhibit D). He testified that he lives next to the Charles F. Tigard home. He noted that this proposal will impact the whole city. In the future, more properties will apply for historic designation and be able to have events that their houses were never designed for. Some of the issues he pointed out with the historic properties include having no sidewalks, not enough parking, gravel driveways between the houses, close-by neighbors, and busy streets. These homes were designed for domestic use. The Columbia Gorge Inn (mentioned by Mr. Quello) was designed as an inn. Mr. Brewin advised that the John F. Tigard House is owned by the City and is maintained by the Tigard Historical Association. They have meetings there once a month. Even though it's in a residential area, the house is used appropriately for historical purposes. It's a non- PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 6 • • profit and serves the public 100%. He does not believe something commercial should be in a residential zone. Sharon Brewin, 11225 SW Morgen Court, Tigard 97224, signed up to speak, but did not speak. Caroline Holzwarth, 9240 SW Millen, Tigard 97224 advised that her property backs up to the Quello property. She advised that the Quello home is very close to the rest of the homes in the neighborhood. She said that she has been able to overhear vows being said and has changed her schedule so as not to interrupt weddings. She has been kept awake from the noise and has experienced increased traffic in the neighborhood. She does not believe that the Quello house can be guaranteed parking as needed. She believes changes in the neighborhood should be for the majority, not for one individual. President Inman asked if there was anything in the proposal that would make it more palatable. Ms. Holzwarth said maybe,if the weddings were held at a different location. She noted that there has been a big change in the traffic pattern. On Saturdays and Sundays throughout the entire summer, parking is very busy and it's sometimes difficult to get out from Millen onto 92nd Ave. It's busy from 7:00 a.m. to 10:00 p.m. Neighbors knew when they moved into their homes that there would be events at the high school and Cook Park. Adding just one more thing to the neighborhood is too much. Larry Galizio, 16455 SW 93rd,Tigard 97224, noted that his deck looks into the Quello backyard. When the weddings were happening in 2000, people would be looking down into his backyard. There was no privacy during that time. He is not in favor of moving the weddings closer to his yard. He said that the Quello house is in an area zoned residential, specifically in a R-4.5 low density zone. Under purpose in terms of such zoning designation, it states, "Preserve neighborhood livability as its primary purpose." Regulations should protect the livability of existing and future residential neighborhoods. Any non-residential use should be at appropriate locations and at an appropriate scale. He urges that the Commission not re-zone the whole area. There is one person who has gone to Council members proposing a change for the entire City. He thinks this is problematic. He asked if the Quello house would be able to accommodate 200 attendees in their back yard. The Commission answered yes. Mr. Galizio pointed out that a memo dated July 25, 2000 states, "Because weddings occur on weekends when no Code Compliance Specialist is working, enforcement of any conditions related to noise would be difficult." He asked if the City would be creating another FTE for Code Compliance or is the Planning Commission going to stipulate that the events cannot take place on weekends or whenever Compliance Officers are not available. He noted that in the same July 2000 report, the staff recommendation found it appropriate to allow historic sites to offer bed and breakfast facilities as approved by a conditional use, subject to certain conditions, such as 5 guest rooms, on-site parking of one space per room, and a City overlay designation. He asked what has changed in 6 years that we go from a B & B with a maximum of 5 parked cars to 18 events, 6 of which that can have up to 200 people. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 7 • • Mr. Galizio listed the many status quo events already taking place close to the neighborhood. With those events, there is illegal parking, noise, and trash. He believes it is also a safety hazard. He advised that on July 14, 1999, the municipal court found that Dan Quello was in violation of 4 sections of the Municipal Code by conducting weddings and receptions, events and meetings at the subject property without first obtaining a conditional use permit, zoning code amendment, or authorization from the City. Mr. Galizio thinks past behavior should be taken into consideration. Mr. Galizio wonders why this is the only historical site in Tigard without a historic overlay zone designation. He wonders if it may be because of costs associated with the historic overlay and the requirement of a Type II review of exterior alterations. He believes that if the goal of the code change is to encourage the protection of historic resources, then it would logically follow that only properties within a historic overlay zone designation should fall within the parameters of the proposed code change. He notes that there is nothing in the proposed amendment that guarantees where money made from events would go. The State already gives a tax break. He believes that it should be non-profit status or the money should go into a pot and perhaps managed by a group for properties in most need of repair. Commissioner Walsh asked Mr. Galizio if he has seen anything in.the State Legislature that addresses this in other jurisdictions. Mr. Galizio said he would be glad to work with Tigard and Mr. Quello to consider other ideas. He thinks historic preservation is significant. He would suggest looking first to areas within commercial zones for for-profit enterprises. Beyond that, he suggests looking at what other cities do and at the state level. Commissioner Meads asked what the Quellos' property taxes would be if they didn't have the freeze. It was estimated to be approximately $7,000 - $8,000. Mr. Galizio thinks this is a well-intentioned, misguided attempt to preserve historical integrity of the City. He thinks we can do a lot better. Mark Walker and Lisa Walker, 9174 SW Waverly Dr., Tigard 97224 left the meeting before speaking. Gail Dowler, 16515 SW 93rd Ave.,Tigard 97224, testified that she lives about 8 houses down the gully from the Quello house. She believes that the 18 events allowed by the proposal will probably all occur during the summer months. With the last experience they had with an event, they weren't able to use their deck, were unable to barbeque, and were unable to open their windows to cool down. Even inside the house with the windows closed, they could still hear the noise because of the echo effect. She doesn't see why the neighbors should have to pay the price for Mr. Quello's decision to purchase his property. Her letter of testimony is attached as Exhibit E. Commissioner Meads asked if Ms. Dowler has experienced any noise from the more recent events. Ms. Dowler answered no, but they don't generally sit outside on the deck at that time of year. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 8 • • Richard Smith, 16435 SW 93rd, Tigard 97224 testified that he lives directly behind the Quello property. He stated that he can hear people speaking in normal voices from the Quello property, about 250'-300' away. He does not believe the Quello house is a historical house. It's been altered and moved from its original location across the street on the high school property. He noted that the property is a historical piece of land, but the house has nothing to do with it. The original house was a farm home, but it's been modified several times. In addition, the property was all part of one huge parcel at one time which included the property where the Durham School is located. Mr. Smith noted that if there will be public access to the property, then it has to meet ADA requirements. He also advised that during one of the more recent events at the Quello house, a complaint was called into the police about the noise. He urged the Planning Commission to not approve the proposal. Commissioner Caffall noted that the other properties on the list don't look like they would hold the kind of events that Mr. Quello would hold. He asked if the events were reduced to 3 or 4 a year, would it still be a big issue. Mr. Smith believes it would still be a big issue. In the past, there was no notification to neighbors about the parties. If there was notification, the neighbors could choose to leave. He thinks notification is very important. Carol Gifford, 9255 SW Millen Dr.,Tigard 97224, testified that she knew about the park and high school when she bought her home, but the high school has since put in Astroturf and rents out the fields throughout the year. She notes that her neighborhood has become a rec center. Regarding compromise, the neighbors have been through this before. The previous decision was no, and yet, there have been events. The word "compromise" doesn't hold a lot with the neighbors. She advised that the selling of the Quello property to build houses has been held over the neighbors' heads. She thinks the neighborhood is overused and would like to see a traffic study done. Also, the only crosswalk from 92nd above the park is at the crest of hill. PUBLIC HEARING CLOSED President Inman asked what options the Planning Commission had. Staff advised that the Commission can recommend denial, approval,or approval with changes. This is a legislative process where the Commission makes a recommendation to the City Council. Dick Bewersdorff recommended that the proposal not be sent back for more revisions. He thinks a decision needs to be made on the issues, relative to what's good for the community and the neighborhood. He doesn't think there's any way to further craft language to make it any better without having the same issues. Commissioner Harbison said that people know what to expect when they move next to a high school. When people moved into this neighborhood,weddings weren't being performed. That could be expected in a commercial zone. He believes 200 people are a lot of people to have next to you; 40 is also a lot. He confirmed that Mr. Quello could still hold events if they PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 9 • • were non-profit. Commissioner Harbison believes that this is the only property that's even feasible to hold a party. Commissioner Meads said that people running businesses in their home are not impacting their neighbors. When commercial endeavors are moved outside,where there's no constraint in a residential area, there's going to be an impact. From the testimony she's heard tonight, it's a substantial impact. She doesn't see that this is the avenue to take for generating money for the home. She also thinks the proposal seems like it's for 1 person; it's not a citywide benefit. Commissioner Buehner sees a number of issues which, according to staff,may not be able to be resolved with the proposed code. She believes it's in violation of the current noise code, there is no control over the spacing of events, it's too many people to have in a residential neighborhood, there's the issue of restroom facilities, how would neighbors get noticed, there are parking problems,insufficient lead time for review of parking, and requiring a contract to provide parking for events. She believes there are so many problems with the proposed ordinance that it's not going to make sense. Commissioner Caffall concurred. He doesn't believe there's anyway to adjust the code. Even having just 25 people would create an issue. He knows that we can't stop non-profit events, but thinks Mr. Quello should be a good neighbor and let the neighbors know what's going on. The real question is,if it was in your backyard,would you want it? If so,how would you want it? He doesn't think we can write a code for it and thinks it should be left status quo. Commissioner Walsh agrees with many of the comments. His primary issue is justification. Why was it brought forward; what is the driving force? He is sympathetic to need for upkeep and the cost involved,but he doesn't see that this is the solution. He doesn't see a linkage between the revenue raised through a commercial venture going back to the upkeep. This amendment is for everyone. The next person may have no intention of keeping up the facility. Also, he sees that this is primarily driven for 1 party. He doesn't want to see the code changed for 1 party. He agrees with staff that the Planning Commission needs to take action and not try to re-word the language. President Inman agrees with much of what's been said. It's a beautiful piece of property, but she doesn't see the justification for making a change to the City code. So much of it seems to be centered on this 1 particular piece of property. She agrees that parking is a huge issue and there are a lot of safety and noise issues as well. Commissioner Buehner moved that the Planning Commission recommend denial of Development Code Amendment (DCA) 2006-00005 Historic Overlay Conditional Use Code Amendment, based on the staff report, the testimony given tonight and provided prior to the hearing this evening. Commissioner Meads seconded the motion. Staff announced that the public hearing with City Council will be held on December 12th. 6. DOWNTOWN DEVELOPMENT CODE PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 10 • • Dick Bewersdorff distributed a copy of the proposed calendar for the Tigard Downtown Development Code Amendments (Exhibit F). Planning Commissioners can email any questions or comments to Ron Bunch. 7. COMPREHENSIVE PLAN UPDATE • ECONOMY REPORT Sean Farrelly gave a PowerPoint on the economy section of the Comprehensive Plan update (Exhibit G). The Planning Commission had the following comments/questions: • How many jobs were added with the Washington Square expansion? We will have to research that. • The Metro-assigned capacity of 17,000 jobs is a scary number. It will have to be in the service sector, there's no place to expand. • Will the Planning Commission have to look at expanding Commercial and Industrial zoning? If so,where? • What happens if we don't meet Metro's number? We would have to justify that we have the capacity for that many jobs. We can't force people to bring jobs here. • Hopefully, there will be a lot more employment Downtown over the next 10 or 15 -, years. • Also, there are big chunks of land left in the Tigard Triangle. • It's surprising that Tigard does not have a formal Citywide economic development strategy. • It is thought that when the Downtown Plan is complete, that VIE position could possibly morph into an Economic Development Director. • Instead of throwing in industrial lands randomly, it makes more sense to ensure we keep what we have. • What are our strengths —proximity to Portland,I-5 Corridor and other"huge assets. We should focus on those. • It would be useful to see what difference the Washington Square expansion has made. • One-third of Bridgeport Village is in the City. • There are 2 large office buildings going in at 72nd and Durham. • How about the land north of the Library site? Its not suitable for most industrial purposes because of the slope. • Most of our industrial land is based along the railroad line,but that's a descending way to transport goods. 8. OTHER BUSINESS The Commission held a short discussion about meeting protocol when there's a disagreement between Commissioners. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 11 • • 9. ADJOURNMENT The meeting adjourned at 10:21 p.m. Jerree Lewis, Planning Commission Secretary • A'fl'EST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 12 I ,- •••4 4-4 . :..• • . . : . . • . . 1 F4 iStOr:4; OVE-.11ay•' 4.40i4:44/4444144411 Li se .1.• i 1'1 :44'.-4.44.; •:4,:::::::n4,•::::4 P4:4,3.4-1.::4-:••• I -.4,•-,-., , 1 ..•• • .„_. —. 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' ...'...1.'1'...1 1.....'i ... 1 1.--.1.1.......i..,.tr.:,....1.1('..... 1.....)I.04...?....).‘...,..ri..i.,,-.....:S if.1 ••1•••if",..1..-.....i!.........i. 1 . ....., .,..,. .1 .,.. .....1„... , ..,. , ...,,........ .,,..... ...,. ;... .. i _ . , ..... .,...:1 ..,.... .. .. . .. ..;.,.. ,..,:.1. ... .... .....• ...... . .. ... .I. _ ...1 ,,..!.. .... ....7.. ... ...,„ ,,: ,..,.... .. :. , .......,.. ...... . ...,:, ,.......,.......! . . ... ..., ...., .!.. .... ,.. . . ,. .. .,:. _ . ....,. ... ,,,,. .:, .. 1;..... ... . .............. .: .. . .... . .. . : .:.1. • • Proposed Code Amendment • City Council directed staff to explore ways that owners of historic properties could generate income to assist in preservation, upkeep and restoration. • One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. ` Proposed Code Amendment Amends: • Use Classifications Chapter, 18.130 Adds a definition of Meetings and Events Use(for direct or indirect compensation) • Residential Zoning Districts, 18.510 Allows Meetings and Events as a Conditional Use in Properties with Historic Overlay and/or on National Register of Historic Places • Historic Overlay, 18.740 Adds an"incentives for maintenance"section Proposed Code Amendment Amends: • Conditional Use Chapter, 18.330 (Requires a public hearing before a Hearings Officer) Add Development Standards for Meeting and Event Uses in Historic Properties in Residential Zones 5 • • Proposed Development Standards • Yearly maximum number of events: 18 • Maximum number of attendees: 12 events-40 max,6 events-200 max • Hours of operation:7 AM-9 PM(all activities • must cease at 9 PM) • No outdoor amplified sound systems • Parking plan required for each event • Violations of the conditions of approval or code could result in the revocation of the conditional use permit Historic Sites in Residential Zones • • Conclusion • The proposed Development Code Amendment complies with the Statewide Planning Goals,the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. • The proposed code language attempts to strike a balance between the interests of those living in residential zones,the owners of historic properties who might wish to engage in this use, and the Tigard community,which has an interest in the preservation of historic resources. 6 • • Staff Recommendation If the Planning Commission can find that the proposal is compatible with the surrounding residential uses, and provides adequate guidelines for approval, the Commission should recommend approval of the code amendments to the Tigard City Council, as determined through the public hearing process. 7 cL Historic Site Site Characteristics On-street parking Potential Potential: Potential: up to Off-street parking up to 40 200 attendees attendees 1. Durham Developed with school No Yes Elementary School and large parking lot. Possible Possible Surrounded by industrial uses 2.John F. Tigard Small house, used as a No Church parking lot House museum, lot owned by across the street Possible Possible Water District • 3. "Ye-Olde" Windmill is only structure No No Windmill , lot is a .13 acre park Unlikely Unlikely 4. Charles F. Tigard 3000 square ft. house on No On-site? Possible Possible House 1.5 acre lot 5. Tigard Farmhouse 2600 square ft. house on No No Possible Unlikely and Windmill 1/2 acre lot 6. Seven Gables 2500 square ft. house on No No Upshaw House 1/2 acre lot Possible Unlikely 7. Gaarde House 2900 square ft. house on No No '/4 acre lot Possible Unlikely 8. Shaver-Bilyeu 3600 square ft. house on 2 Limited On-site and high House acre lot school across the Possible Possible street • Revised table: Historic Sites in Residential Zones • • Attachment 3 Agenda Item: 5 I Hearing Date: November 20,2006 Time: 7:00 Pl. STAFF REPORT TO THE • - 'PLANNING'COMMISSION = OR-THE-:CIT'Y.OF;=TIGARD OREGON 'PIGARD SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE USE CLASSIFICATIONS CHAPTER (18.130), CONDITIONAL USE CHAPTER (18.330), RESIDENTIAL ZONING DISTRICTS CHAPTER (18.510), AND HISTORIC OVERLAY CHAPTER •(18.740) FILE NO.: Development Code Amendment (DCA) DCA2006-00005 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130), Conditional Use Chapter (18.330), Residential Zoning Districts Chapter (18.510), and Historic Overlay Chapter (18.740) of the Tigard Community Development Code. The proposed amendments would add a definition of Meetings and Events Use to the Code and allow Meetings and Events Use as a Conditional Use in Properties with a Historic Overlay, and/or on the National Register of Historic Places. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard,OR 97223 LOCATION: All residential zones with Historic Overlays and/or a property on the National Register of Historic Places COMP PLAN/ ZONING DESIGNATION: All residential zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.330, 18.380.020, 18.390.60, 18.510, and 18.740; Comprehensive Plan Policies 1, 2, and 3.7.1;and Statewide Planning Goals 1,2, and 5. STAFF REPORT TO THE PLA.NNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 1 OF 8 DEVELOPMENT CODE AMENDMENT • • • SECTION II. STAFF RECOMMENDATION If'the..Planning Commission=.ca ii:'firiil that the r proposal istiinpatible with the surrounding rrestdenttal'-uses, .and provides,.adequate _guidehnesY_for:,approvals -the Commission. should- 'reco'minend approval 'to the I,;, d City Council to:;.amend the=Ise Classifications Chapter -(18:1.30);2 Conditional Use Chapter (1 8:330),°Residential'ZoningDisttictsi Chapter (18:510) Yand+' Historic Overlay Chapter (18.740) of the Tigard Community Development Code, as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION The City of Tigard has several properties of historic interest. The properties are notable because they represent surviving examples of architectural types or are associated with important figures in the history of the Tigard community. In the Tigard Comprehensive Plan these resources were determined to be significant, outstanding, and needed as related to the overall development of Tigard as a diverse community. Nine properties have Historic Overlay designations. One of these properties is also on the National Register of Historic Properties. An additional property is on the National Register, but does not have a Historic Overlay designation. See Map A for locations of the sites. The owners of properties on the National Register of Historic. Places receive some State administered tax benefits. However properties with only the Tigard Historic Overlay do not receive any special benefit. There are associated costs with having a historic overlay, including the requirement of a Type II review of for exterior alternations. Owners of properties with Historic Overlays, or on the National Register, can request removal of the designation at any time. Without the designation the historical, architectural, or cultural resources are often lost. To encourage the protection of historic resources, the City Council directed staff to investigate ways in which owners of historic properties could generate income that could assist in their preservation, upkeep, and restoration, while balancing the interest of neighboring properties in Residential zones. One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. The conditions to allow this use would include limits on the number of events and attendees, noise, and parking. A total of 18 events could be held annually-12 events with up to 40 attendees and 6 events with up to 200 attendees. . Staff reviewed the eight historic resources that are in residential zones and prepared Table 1. The two historic properties in commercial zones would presently permit this use. Meetings would most likely be considered an accessory use in the Durham School, at this time. • • STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 2 OF 8 DEVELOPMENT CODE AMENDMENT • Table 1: Historic Sites in Residential Zones ',HISTORIC SITE: . SITE:CHARACTERISTICS°'�' NIEETIN 4 �_� G;.A1VDVENT;I_J,SE4 ..d?�-'.. _nit•" _ - .w'S-~..F�Y '{'.:•mod?. _ 3: t..Y'.:�. _ _ - _ -r,.F...szi'•".i _. .. :� ,: �A?�...,-�`��4: t" •;emu. :�.•YtS:-, � �;:_ ..-�: - - • . ..._ � .IIPFTO:. 40`� "=:d":4. - `.-r�;i::b3:�:.._,.n-::^7_ens- =*•s'.?:�:.C:::iz'.�i'x�::,- _rb - '"si;./'-tom: _ :-ATTENDEESr.; ATTENDEES r. 1. Durham Developed with school and Elementary School large parking lot. Surrounded by Possible Possible • industrial uses 2.John F. Tigard Small house, used as a museum, Possible Possible House lot owned by Water District 3. "Ye-Olde" Windmill is only structure ,lot is Unlikely Unlikely Windmill a .13 acre park 4. Charles F. Tigard 3000 square ft. house on 1.5 Possible Possible House acre lot 5.Tigard Farmhouse 2600 square ft. house on t/z acre Possible Possible and Windmill lot 6. Seven Gables 2500 square ft. house on t/z acre Possible Possible Upshaw House lot 7. Gaarde House 2900 square ft. house on '/< Possible Unlikely acre lot 8. Shaver-Bilyeu 3600 square ft. house on 2 acre Possible Possible House lot I Staff included all properties with a house as having the potential to have 40 attendees at a meeting or event. Staff included properties with lots .5 acres or larger as having the potential to have 200 attendees at a meeting or event. This•doesn't take into account whether the site could realistically meet the conditional use requirements. In 2000, a previous Zoning Ordinance Amendment (ZOA2000-0001) sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. A brief search of the codes of neighboring communities did not reveal any language that was identical to the proposed language. Some jurisdictions allow Historic properties only the uses that are allowed in the underlying zone where it is located. However, the codes of the Milwaukie, Washington County and Clackamas County have provisions allowing additional conditional uses, including restaurants, offices, bed and breakfasts and community centers for civic and cultural events, for Historic properties in residential zones that meet certain criteria (including being Iocated on an arterial street.) Additionally the city of Troutdale allows the Planning Commission to authorize any use as a conditional use which can be shown to contribute to the preservation or reuse of the site or structure, subject to the Conditional Use criteria. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 3 OF 8 DEVELOPMENT CODE AMENDMENT • • SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G. Chapter 18.390.060.G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal was met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times newspaper prior to the public hearing. Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Notice was also sent to 830 property owners, all the properties within a 500 foot radius of a Historic property in a residential zone. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Statewide Planning Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 establishes a process for natural and cultural resources to be inventoried and evaluated. This goal has been met by the inventory of local historic resources and the subsequent comprehensive plan updates that identified additional resources. The proposed code amendment could provide the owners of the historic properties additional income that would assist in the preservation, upkeep, and restoration of the properties. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/ HISTORIC OVERLAY CONDITIONAL USE PAGE 4 OF 8 DEVELOPMENT CODE AMENDMENT • APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the Tigard Times on November 2, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to all of the property owners within a 500 foot radius of a Historic property in a residential zone (approximately 830 owners). The written notices invited public input and included the phone number and e-mail address of a contact person to answer any questions. Comprehensive Plan Policy 3.7.1: Historical-Cultural Resources The policy states "The City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments would likely have the result of supporting this policy by giving property owners a potential source of income that could be used to protect Tigard's Historical-Cultural Resources. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.130: Use Classifications This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. Residents are free to hold meetings and events in their homes on a non-commercial basis. The proposed code amendment requires the addition of a definition of"Meeting and Event Use" as a Commercial Use to distinguish commercial and non-commercial meeting types. This type of use is already implicitly permitted in Commercial zones. Tigard Development Code Chapter 18.330: Conditional Uses The purpose of this chapter is to provide standards and procedures under which a conditional STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 5 OF 8 DEVELOPMENT CODE AMENDMENT • • use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. The proposed code amendment would add a new section of development standards for conditional use approval of Meeting and Event Uses in Residential zones. The standards specify the use is only allowed in properties in a Historic Overlay zone and/or on the National Register of Historic Places. The standards also address the maximum number of events per year, maximum numbers of persons attending the meeting, hours of operation, light, noise, and parking. The standards also specify that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G: Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060.G states that the recommendation by the Commission, and the decision by the Council, shall be based on consideration of the following factors (reviewed above), including: 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.510: Residential Zoning Districts The major purpose of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods,by encouraging primarily residential development with compatible non-residential development.While the zone is primarily residential, such uses as schools, churches, parks and recreation facilities, and day care centers are conditional uses in residential zones. The conditional use process assures that the uses are appropriate scale and location, and that any off-site impacts are minimized. The proposal to allow meeting and events uses in historic properties in residential zones seeks to minimize the impacts on the surrounding residences, by requiring the applicant to meet standards before receiving conditional use approval. Tigard Development Code Chapter 18.740: Historic Overlay Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. The proposed code amendment would add a new section "Incentives for maintenance" which would allow owners of historic properties to apply for a conditional approval to allow meeting and event uses. This addition could assist in furthering two of the purposes of the chapter, to "facilitate the protection, enhancement and perpetuation of such STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/ HISTORIC OVERLAY CONDITIONAL USE PAGE 6 OF 8 DEVELOPMENT CODE AMENDMENT • • improvements and of such districts which represent or reflect elements of the City's cultural, social,economic,political and architectural history" and"promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City." SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works, Long Range Planning Division and Urban Forester have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services, the Planning Directors of the cities of Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, and the State Historic Preservation Office were notified of the proposed amendments and did not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT As of November 6, 2006 two letters/e-mails and four phone calls were received by staff in response to the public notice. Two letters came from neighbors of the Shaver-Bilyeu Residence (also known as the Quello House.) The letters opposed the code amendment and stated that the meeting and commercial use would negatively impact their properties by increasing noise and traffic. The letters also noted that allowing weddings would result in drunk drivers in the neighborhood. The letters pointed out that the events would most likely take place on weekends, when no Code Enforcement officer is available to monitor noise and the other impacts. Of the four phone calls, three inquired into the meting of the notice, and were neither pro nor con (two were from owners of historic properties, and a third was from a neighbor.) One caller registered strong disapproval at the proposal, saying that it would have the effect of reducing property values of neighboring properties,because of the increased noise and parking problems. Additionally, prior to the notice, one phone call and two e-mails were received- by staff in response to a newspaper article in the Tigard Times regarding the Quello House owner's desire to hold weddings and other events (prior to the drafting of specific code language.) One of the e- mails was neutral. The phone call and other written correspondence registered objections about the offsite impacts of allowing weddings and similar events in a residential neighborhood. Response: In order to get a permit for this use, an owner of a historic property would have to go through a conditional use process, with a public hearing before a Hearings Officer. In order to get approval, the owner will have to prove how he or she would meet the development standards, which include complying with the noise ordinance and supplying a parking plan for each event. It is likely that the events will take place during times when no code enforcement officer is available. However, the proposed code language specifies that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. The owner of the property would have an incentive not to generate neighbor complaints and comply STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 7 OF 8 DEVELOPMENT CODE AMENDMENT • • with the conditional use requirements. Violations would however require an additional process to determine whether to revoke the approval. Please see Attachment 1 for copies of the public comment correspondence, received as of November 7, 2006. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment complies with the Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Staff has presented code language with which to guide and approve any of the proposed uses. It attempts to strike a balance between the interests of those living in residential zones, the owners of historic properties who would wish to engage in this use, and the Tigard community, which has an interest in the preservation of historic resources. The Planning Commission and Council will determine in their judgment whether the proposed code amendment does that or needs to be revised or denied. ATTACHMENT: EXHIBIT A: SUMMARY OF PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. �.� . November 8, 2006 PREPARED BY: Sean F. ly DATE Associa ' - . er A. 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''Si .1/4si• •.. .• !I > . . ; .• • :i I I ; ...'• I I .. 1:". %, I 11 : : %.../........1% 11 I t•,I I . \ I . : L•••••:11• i / ..........J I I g 8 i I - ., 1 - , . ,...... .• . „ .• .• .• ...._.. ., : .• ,•.: I .• . .• . . . \ I . . - '.....i • -• •-• . . . .• .• 1 • /4.4,„„„„„„„„„,„„„......- . ,.., •i• ,/....• .•• : .•••• .• . .• . .. . .' . . . .. . .••' • •• \„„,,,,,,, •. •. . . . . tr. ..- :. . , .. .• : • . ..._ . ...„ .:: ........... ..;;:- . • Attachment 4 DCA 2006-00005 List of Public Correspondence: 1. Ted& Linda Moore, November 22, 2006 2. Glen Comuntzis,November 17, 2006 3. Sherilyn de La Torre & Donald J. Hook,November 20, 2006 4. Gail & Curt Dowler,November 20, 2006 5. Cheryl Cappelli,November 13, 2006 6. Michael & Sharon Brewin,November 8, 2006 7. Cary & Benton Holzwarth, October 31, 2006 8. Karen L. Butler, October 29, 2006 9. Don& Barbara Manghelli, October 25, 2006 10. Lesli R. Miller, October 4, 2006 11. Mark Walker, October 2, 2006 • Sean Farrelly-Commercial Use of Private Property Page 1 . • From: "TED MOORE" <ted.moore @yahoo.com> / To: <sean @tigard-or.gov> Date: 11/22/2006 3:20:19 PM Subject: Commercial Use of Private Property Tigard City Council and Tigard Planning Commission. It is unclear to me why you would want to grant commercial use of certain historical private properties when you would not do so for other private properties less than 20 feet away. We live 3 houses away from the old Gaarde House where our streets are already crowded with parked cars. Additional cars would really be unacceptable. I do not think this is an appropriate change for our residential area. Ted & Linda Moore 13870 SW 114th Ave. Tigard, Oregon 97223 Sean Farrel ly- Fwd_ Unlawful Zoning Change (Out of Office) Page1 • From: Cathy Wheatley To: Council; Woodruff Tom 0 Date: 11/20/2006 3:52:55 PM Subject: Fwd: Unlawful Zoning Change (Out of Office) • Hello, The e-mail below got"caught" in the filter on my computer. I found it a few minutes ago and redirected it to my regular e-mail. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy @tigard-or.gov >>> Cathy Wheatley 11/20-3:38 PM >>> I am out of the office until Monday, November 20. I will respond to e-mail requests on Monday, but if you need immediate assistance, please contact Deputy City Recorder Carol Kreger at carolk( tigard-or.us, or you may call her at 503-718-2419. Cathy Telephone Number: 503-718-2140 >>>gglenc 11/17/06 20:48 >>> TO: Mayor, City Councilors and Planning Dept Staff • Hi Cathy, The City of Tigard and its planning dept. are attempting to foist an illegal land-use, zoning change on the entire city, that includes the Genesis Development that in effect will allow a COMMERCIAL USE in a residential area. The City Planning Dept. and the City Council/Mayor of Tigard have demonstrated their lack of representation of the citizens and their commitment to"special interests"in this city that the VOTERS will NOT tolerate. The laws have been violated by city officials and staff. One would have thought that the First Tuesday in November's election would have given the electeds on the Tigard city council a WAKE-UP call. Perhaps not. As a citizen, activist, and voter in this community, I cannot allow such a major revision of zoning code to occur to jeopardize the land values of the residential properties in the Genesis Development, and other residential areas in the City of Tigard by the planning dept., its employees, the appointed commission, and the city council. The laws are being TRASHED by the City Government which will bring litigation, legislation, and political action, against it BY the citizens of this city. Moreover, IF the planning dept. and the city council/mayor pursue such unlawful zoning changes, please understand the purpose of the electoral RECALL in Oregon. That will be employed given the abject corruption that has occurred as some of the city council members have been "entertained" by the very person who will benefit financially if such a rezoning is permitted BY that city council. Please note that the city council members who have NOT REPORTED receipt of the"value"of that entertainment from that person who is petitioning the Council, then each of the City Councilors is in CRIMINAL VIOLATION of the Oregon Ethics Code! Sean Farrellx- Fwd; Unlawful Zoning Chao (Out of Offices • T'Y.. _ v_...__...__....,_-'., - r Page 2 The next session of the Oregon Legislature will bring to bear amendments to such laws that govern the city of Tigard (i.e. the city's charter). If the City Councilors continue on this path, there will be no reason for city residents to remain IN the city of Tigard and do have the ability to secede from the city of Tigard, OR, by charter the City of Tigard can be absorbed by other units of government. Those are just a few examples of"citizen action"against those who are willfully violating the state's and city's land-use laws on behalf of"cronies" in the city, at the expense of the other law-abiding residents. Please note the wide-range of citizens who would be harmed by such a move by the city of Tigard (to rezone residential use to a commercial use) and the extent to which those residents will respond in-kind. The exposure by the city councilors and planning dept. staff IS a legal one given the "entertaining" by the petitioner OF the city councilors, each of whom now are exposed by law. It is in the best interest of the citizens of Tigard, the Genesis neighborhood, and frankly, the political longevity of the city councilors and mayor's terms of office, to DROP such a corrupt idea as to commercialize a residential area (as in the Genesis Development). If the city staff and councilors/mayor pursue the current course of action, citizens will be forced to bring a political, legislative, and legal response to each. Please do not cause this to occur. Drop the issue on the Monday night's agenda and leave the neighborhoods alone. Respectfully, Glen Comuntzis Tigard, Oregon Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. CC: Craig Prosser; Liz Newton; Tom Coffee Sean Farrelly-Chapter 18.130.020 Page 1 • I ! From: <sissydlt @att.net> 3 To: <cathy @tigard-or.gov> Date: 11/20/2006 10:38:28 AM Subject: Chapter 18.130.020 We continually receive unsigned flyers encouraging us to notify both the Tigard City Council and Tigard Planning Commission (specifically the public hearings beig held 11/20 and 12/12)to voice disapproval of the condition use of historical sites. I would like to express our thoughts. We live around the corner from the Shaver-Bilyeu House, a block away from Tigard High School. Having functions at this house is not a problem. It can not be any worse than Tigard athletic events. Noise/Music? We live next to Cook Park and there are occasional evnets going on there as well. Sherilyn de la Torre Donald J. Hook 503.639.5271 CC: <jeree @tigard-or.gov>, <sean @tigard-or.gov> NOV 020 • 0 4 REC'D � Gail & Curt Dowler 16515 S.W. 93rd Street Tigard, Oregon 97284 November 20, 2006 Tigard City Council and the Tigard Planning Commission City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Council and Planning Commission Members: We are writing to you concerning a disturbing but not totally unexpected development regarding the proposed development code text changes for historical sites including those in residential neighborhoods. We have already experienced the "benefits" of having a historic home as the focus for weddings and their receptions hosted by Rev. Quello;these events were touted as being quiet, infrequent and small; in truth they turned out to be all summer long and anything but quiet. Most of the activities for these events occurred outside. As Tigard residences who purchased a home,pay our taxes and abide by the laws we were unable to use our deck area; open our windows; and even have refuge inside our house without the invasive sounds of loudspeakers and party chatter, exacerbated by the small canyon creek that increased the already substantial volume of the activities. Who would consciously choose to purchase a home in a neighborhood, supposedly residential, where your neighbor has a business that increases the traffic congestion and has paid social gatherings most or every weekend to the level that you are unable to have a few friends and/or family members at your home to engage in conversation at less than a scream? These events are more than likely to occur outside; the proposed code is a maximum of 18 meetings annually; this can translate into at least one weekend day every weekend from June through September; every weekend day July and August; the scenarios are unlimited as it seems the time range is, 7:00 AM to 9:00 PM,to ensure that actual residents of the neighborhoods are unable to enjoy their property; are we expected to conduct our activities from 9:30 PM to 6:30 AM if we hope to have an atmosphere not charged with total strangers partying? One third of those meetings can have as many as 200 people! Is this compatible with a residential neighborhood?Is this a residential neighborhood you would want to live in, raise your children in and retire in?Does this kind of activity, intrusive to our personal lives, destroying our ability to enjoy our home and our outside area in the small window that is Oregon summer; is this family values and livability? Who will benefit from this, not the families who will be most effected by the invasion with our sense of home destroyed; there will be people coming into our • "residential"neighborhood that would no longer fit into the definition as residential; people who are here to have a good time and not encumbered by the concerns of the effect on the surrounding community; after all they paid to have a good time in our neighborhood. Initially, if we recall correctly, Rev Quello explained that he wanted to recoup some of the cost in renovating a rundown property and be able to send his son to college; it is very nice that he decided to fix-up the property but it was his choice to purchase it; we think it is wonderful for a father to want his son to have a good education; but on both points we could not come to terms with why the surrounding residential neighborhood needed to give up their sense of home so he could achieve some of his financial targets. Why would the neighbors have to forego basic amenities when we all have things we would like to do; we do not expect our neighbors to relinquish important aspects of their living so we can accomplish our goals. Thank you in advance for taking time to read this letter Gail Dowler Curt Dowler • • //'!i , - November 13, 2006 RECEIVED PLANNING Tigard Planning Commission and Tigard City Council Members NOV 1 4 2006 13125 SW Hall Boulevard Tigard, Oregon 97223 CITY OF TIGARD Dear Tigard Planning Commission and Tigard City Council Members: Dick Bewersdorff Craig Dirksen Sally Harding Sean Farrelly Nick Wilson Tom Woodruff Sydney Sherwood Can you remember the last time you went to 14 weddings in one summer? I do. My family wasn't even invited. In fact, we didn't even have to leave home. With no place to hide, my children were subjected to drunken party conversation and pounding music as they lay in their beds at 9:00 PM. And, if we missed any of the excitement by abandoning our home to avoid the event, we could count on another party the next moming or afternoon or evening. One big party, all summer long, for over three summers in a row, until the City Council heard the voice of the residential neighborhood and pulled the plug on the Quello party business by rightfully denying a Conditional Use permit. This is the first reason to vote no on this amendment: Conditional Use gives unfair advantage to one property owner. Conditional Use of the Quello property limits normal use of nearby properties. The three year test of the party train blasting through evening barbecues, Sunday morning coffee and afternoon naps demonstrated that Conditional Use is adverse to residential use. Whether the events are paid for or not, they dominate the neighborhood with noise, litter and traffic. Conditional Use has already been denied. Changing city code to permit Conditional Use is a backdoor attempt to restore the party business. But, backdoor or front door, Conditional Use unfairly disrupts the home life of neighboring properties. Next, regarding the code change citing a need for Conditional Use to"assist in the upkeep and restoration of properties", the Quellos are already receiving special tax treatment for that purpose. According to Washington County, since 1994 the Quello home, known as the Shaver-Bilyeu House on the National Historic Register has participated in an Oregon historic tax program that freezes taxable value. The Quello home, valued at$790,970 pays taxes on a frozen valuation of$166,060 until June 30, 2009. The frozen valuation is then renewable for another 15 year period. It is a poke in the nose to think that avoiding taxes on at least$625,000 over the course of 30 years isn't a substantial savings for the maintenance and restoration of this historic property. This is the second reason to vote no on this amendment: A significant incentive program by the State of Oregon already supplies historic property owners tax relief dollars for the restoration and maintenance of their property. A secondary program for compensation appears excessive. For the city to support unfair advantage for one property over others and to establish another incentive program when the state provides incentive via significant tax relief could be construed as special interest. Conditional Use has been tried and has failed in this residential neighborhood. I respectfully request that you vote no on DCA 2006-00005. Sincerely, Cheryl Cappelli 16405 SW 93rd Avenue Tigard, Oregon 97224 Jerre‘Lewis- Brewins-written_testimony. • Page 1 November 8, 2006 Submitted for the Public Record To: Tigard City Council Tigard Planning Commission City of Tigard, Planning Dept. From: 1) Michael Brewin, and 2) Sharon Brewin, property owners 11225 SW Morgen Ct., Tigard, Oregon 3) Michael Brewin/SOULJAZZ LLC an Oregon business Regarding: City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones Introduction: Michael and Sharon Brewin are resident property owners in Tigard, as well as owners of a local business. Mr. Brewin is a historian(US History)who has taught at Portland State University, Portland Community College, and Clackamas Community College. He has also been an events producer/consultant for almost 40 years, including directing hundreds of concerts and events at Portland State University and co-producing jazz festivals. He is an expert in these fields,and in related matters (professional musician and audio production). He has also served as a City of Tigard facilitator,on the advisory board of the Tigard Chief of Police,and as an aide to the Hon. Ron Wyden. Mrs. Brewin is a mathematics instructor at Portland Community College,and she taught 31 years in the public schools. The Brewins have lived in Tigard since the 1980s. Mr. Brewin, Mrs. Brewin, and Souljazz LLC hereby register their opposition to this proposal, request this written submission (and all attachments)and their objections be made part of the record, request they be notified of any subsequent hearings and a final decision, and they call into question the representations, process, legality,amendments, fairness, appropriateness,and any alleged necessity or justification provided, based upon a number of I) procedural and II)substantive issues I+photosl, which we shall articulate herein. They call for the rejection of these inequitable and invasive amendments:these proposals (as written) would introduce broad, inappropriate and prohibited commercial uses into residential zones; would generate parking/traffic problems, public noise nuisances, public safety issues, and invade citizens' privacy in residential zones; would confer monopolistic commercial uses upon a handful of private property owners for their own Jerree Lewis - Brewins-written_testimoeoc Sage 2 benefit; and would be inequitable to the other 45,000 citizens of Tigard—residents, property owners and businesses alike. The broad uses cited/permitted in the proposal text (which was not mailed to affected property owners in the residential zones, nor were the addresses of the locations) do not even relate directly to any appropriate"historical" activities or purposes, for the most part. There are no provisions that the city will pro-actively, responsibly enforce or accurately monitor these event uses (attendee numbers, traffic, noise,and public safety), nor the facilities(full commercial code compliance, full ADA standard disabled accessibility (including bathrooms), fire marshal and health inspections,smoke detectors/fire alarms/sprinklers and posted exits, sufficient commercial use liability insurance), nor for compliance to all federal, state,county, and local non-discrimination laws and commerce regulations which pertain to renting/leasing, hiring, and pricing policies or practices, etc. which might discriminate on the basis of race, religion,ethnicity,gender,sexual orientation, age, nationality, and political or personal beliefs. Neither should the city aid and abet nor engage in promoting the"establishment of religion" for any alleged "historical site"receiving such status or exclusive commercial use privileges. Furthermore, the permanent introduction of such invasive"parties'and"weddings"etc. with up to 200 attendees(and probably 100 motor vehicles)would harm the real estate market sales values of adjacent and nearby properties. Since this negative situation did not exist previously, and since this would be the fault of local governmental action, then any and all such affected property owner[s] would have every right to hold the City of Tigard liable for actual and punitive damages,costs, fees, and other restitution, at any time in the future. Please note that this hasty, ill-advised community development code amendment process originated for the sole benefit of one private property owner who apparently approached city officials, and there are fundamental problems entailed in the process, at every step. Argument I: The process has been fundamentally flawed, misrepresented, handled incorrectly, and has not been executed in full accordance with the spirit and letter of prevailing Oregon statutes. The process began with a Mr. Quello apparently contacting City of Tigard officials, who introduced a City Council meeting agenda item essentially on his sole behalf. The city officials and staff involved have not divulged any ex pane contacts or communications with Mr. Quello,or the nature of such contacts which have occurred, or in the past. Misrepresentation in the Agenda: The published Agenda for TIGARD CITY COUNCIL WORKSHOP AND BUSINESS MEETING August 15, 2006 5. DISCUSS WHETHER TO INITIATE A DEVE1.OP\IENT CODE AMEND\1FNT Jerree ..ewis Brewins-written_testimony.doL Page 3 TO ALLOW NON-RESIDENTIAL USES IN A RESIDENTIAL ZONING DISTRICT AT THE QUEI.LO HOUSE AND SIMILAR PROPERTIES • Staff Report: Community Development Department [See attached published Agenda] There is no historical site or entity properly named or listed as the"Quello House." The agenda naming the"Quello House"can not be referenced anywhere in respect to a historical site. It is a false representation of a labeled historic site with a legitimately recognized name—the Shaver-Bilyeu House [aka the Shaver House]. Persons unfamiliar with this fact or house would not know what the Agenda item referred to. This listing was misleading to the public at large. Misrepresentation in the Minutes and by Mr.Quello: In the City Council Workshop and Business Meeting Minutes,August 15,2006, the term"Quello House" is used repeatedly by the city councilors and by Mr.Quello in misrepresenting the historic"Shaver-Bilveu House"as"Quello House." [See attached published Minutes,particularly pages 5 and 6.] The correct official term for the historic house and site,the Shaver-Bilyeu House, is never used or mentioned anywhere in the minutes. Any person reading the Minutes to better understand this matter was not properly informed about the actual alleged historical site being discussed,but rather was misled by the Minutes. Any person researching Tigard's historical sites would not find "Quello House"on the City of Tigard's page of historical sites on its website, nor in the National Historic Registry. Therefore,the City Council agenda item and discussion,and the publishing of the same in the Minutes,constituted a misrepresentation to the public. Similarly,any other members of the public observing the City Council meeting were likewise misled. [It took Mr. Brewin,a historian,himself awhile to sort out this • misrepresentation and find and identify the actual misnamed site referred to in the Minutes, by comparing addresses and personally visiting all the listed Tigard historical site addresses. He was familiar with the traditional historic name, Shaver House, and the official name,the Shaver-Bilyeu House.] The Minutes state: "Mr. Quello advised the Quello House was listed on the National Historical Site registry." His statement is false. The"Shaver-Bilyeu House" is listed on the National Historical Site registry. On the surface, this might seem like a technicality. However, Mr. Quello has coveted the historical site name for himself, and has methodically tried to obscure the legitimate"historical"name,ever since he applied for and obtained a historical site designation(with additional benefits, including low property taxes) in 1993 based upon the Shaver-Bilyeu House and those families' cultural histories, shortly after he purchased the property in 1990. • Further Misrepresentations by Mr. Ouello: Since purchasing the property in 1990 and obtaining an official historical designation for the Shaver-Bilyeu House in 1993, Mr.Quello has demonstrated selfish intent and unethical conduct in trying to erase the historical name designation, by willfully and 3 Jerree Lewis - Brewins-written_testimotoc 'Page 4 deceptively superimposing his own name on a historical site(giving the impression that it is the Quello ancestral home), and by making calculated misrepresentations, not only to the City of Tigard, but in deceptive large signage at the edge of his property, and in an expired Oregon business name registration("The Flower Farm at the Quello House" first registered in 1999, expired 2-06-2005)and a recent registration ("The Flower Farm"). ISee attached photo of the north side of the large sign: "Quello House est. 1892" (Shaver-Bilyeu_1.jpg). Attached photo of the south side of the sign: "Flower Farm est. 1892" (Shaver-Bilyeu_2.jpg). Also, does the sign conform to city code,r.e. type,size and placement, for a residentially zoned private property? On the day the photos were taken (November 7, 2006),there were no signs visible anywhere from the street that this is the "Shaver House est.. 1892" (or"Shaver-Bilyeu House est. 1892"). This pattern evidenced by,Mr. Quello's actions demonstrates that Mr. Quello is not a sincere or suitable guardian of a designated"historical site,"that his motives are selfish, and that he seeks to gain further exclusive commercial and property privileges through misrepresentations and manipulation of a"historical site"designation, besides already paying very low assessed property taxes for such a large house on two acres. On these grounds alone, the City of Tigard should reject the proposed amendments and any future notion of extending, special monopoly rights to Mr. Quello(or similar private property owners). History: Mr. and Mrs. Quello purchased the 2+acres property and 3648 sq ft house and outbuildings in 1990 for only $140,000. In 1993 they themselves sought a national historical designation for the house and property, using the Shaver and Bilyeu family histories—and thereby gaining property tax relief. They also put a misleading sign on the property, labeling the house"Quello House est. 1892." The property had allegedly previously had a sign denoting the"Shaver House." The Secretary of State, State of Oregon, has an official website with an Oregon Historical Records Index. This index contains not only state records, but historical records for every Oregon county. The historical index does not contain a single reference to anyone named Quello. Mr. Brewin tested and verified this index by typing in various surnames of Mrs. Brewin's own family ancestors, including the historic Bird family pioneers of Champoeg and Clackamas County. The Oregon historical records revealed many references to Mrs. Brewin's ancestral family members. The National Historic Preservation Act of 1966, among other things,delineates the goals and Purpose of the Act,which include preserving"historic heritage,"such as "retain the name historically associated with the building or structure,"and "protect those qualities that are historically significant." 4 Jerree Lewis Brewins written_testimony. , Page 5 From Section 110 of the National Historic Preservation Act: "(A)that historic properties under the jurisdiction or control of the agency,are identified, evaluated,and nominated to the National Register; (B)that such properties under the jurisdiction or control of the agency as are listed in or may be eligible for the National Register are managed and maintained in a way that considers the preservation of their historic,archaeological, architectural, and cultural values in compliance with section 106 of this Act and gives special consideration to the preservation of such values in the case of properties designated as having National significance." Likewise, the federal government directs the Department of the Interior(in Section 112) to do the following: (1)provide information to the owners of properties containing historic (including architectural, curatorial,and archaeological) resources with demonstrated or likely research significance, about the need for protection of such resources, and the available means of protection; (2)encourage owners to preserve such resources intact and in place and offer the owners of such resources information on the tax and grant assistance. Relevant National Historic Preservation Act definitions: ""Preservation"or "historic preservation" includes identification,evaluation, recordation,documentation,curation, acquisition, protection, management, rehabilitation,restoration, stabilization, maintenance, research, interpretation,conservation,and education and training regarding the foregoing activities,or any combination of the foregoing activities." The National Register of Historic Places website (www.nationalregisterofhistoricalplaces.com) lists the"Shaver-Bilveu House"as follows: Shaver-Bilyeu House (added 1993 - Building-#93000014) Also known as Shaver,William E.and Lizzie,House 16445 SW.92nd Ave.,Tigard Historic Significance: Architecture/Engineering, Event Architect, builder,or engineer: Unknown Architectural Style: Other,Queen Anne Area of Significance: Architecture, Exploration/Settlement Period of Significance: 1900-1924, 1925-1949 Owner: Private Historic Function: Domestic Historic Sub-function: Single Dwelling Current Function: Domestic Current Sub-function: Single Dwelling [Please also note the historic function: Domestic. Not any "commercial" uses, not weddings,events,parties, luncheons,meetings, etc.} Evidence of the Quellos' continued efforts to obscure the actual documented historic and cultural values of the house and property site, by falsely superimposing their own name Quello as a historical site identity and designation, is most compelling in refuting any 5 Jerree Lewis - Brewins`-written_testimonioc Page 6 t disingenuous claim they might make about historical preservation, or in this most recent attempt to exploit the goodwill of the City of Tigard and gain additional personal exclusive benefits/privileges and non-historic prohibited commercial uses and functions in a residential zone. Furthermore, if the National Register of Historic Places was notified about the Quellos' quest to obliterate the historic name and historic and cultural values of the Shaver-Bilyeu House and those families, it is likely the property would be removed from the national registry of historic places. The City of Tigard's own website lists the property as follows: Shaver-Bilyeu House, 16445 SW 92nd Avenue Year Designated: *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family,who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] The Tigard City Council Minutes of August 15, 2006 state: "Mr.Quello spoke to the City Council. He submitted a written statement outlining how a conditional use approval would benefit his property... His key points were: [1] there is a need in the City of Tigard for this type of facility. [2] The Quellos are willing to share this facility with the community at no cost to the taxpayers. [3] Historic property will disappear if a way is not found to make such property viable." Rebuttal to Mr. Quello's presented key points: [1]Mr. Quello's statement outlines only how a conditional use approval will benefit him and his property. This is not necessarily a benefit to the community or to the city. The city(and outlying metropolitan area)has plenty of rental facilities for events,public meeting halls and schools, churches and facilities for weddings, public and commercial event facilities, and public parks for any and all of these commercial uses. These are all "appropriate venues." His residentially-zoned"domestic"house and property and location is"NOT appropriate" for a commercial public event facility. [2] Are the Quellos willing to share this facility absolutely free of charge to any and all of the taxpayers of Tigard who want to reserve and use it—e.g.for a wedding,a party, a meeting, an event? Mr. Quello's statement here is also misleading;he wants to obtain commercial uses, for which he will receive monetary remuneration. He wants to run his residential property as a commercial business,with exclusive rights and broad uses currently prohibited in residential zones,commercial uses which would be denied to his neighbors- and 45,000 other Tigard residents in residential zones. [3] Quello's implied `threat' of historic property disappearing unless the city allows him to make it commercially"viable"reveals his motive, which is mercenary. His property's zoning and historical designation was never intended to make it commercially "viable." Morever, the house has always had a"domestic" function— for 100 years. Historically, it was never intended for commerce, let alone large rental events, weddings, meetings, parties. If Quello can't afford to maintain his own property(which has a high market real estate value), then he should sell it—to someone who will maintain the property,and who 6 Jerree LTewis - Brewins-written_testimony., Page 7 will not demand inequitable government handouts and commercial use monopolies"in restraint of trade"and free enterprise,and in an inappropriate residential zone. And if he truly cares about preserving history, then Mr. Quello will sell the property to the City of Tigard or to a non-profit historical association. In the Minutes of August 15,2006, the City Council mentioned"neighborhood opposition to the events held at the Quello house in the past." Mr. Quello was conducting weddings, with amplified music and"DJ's." He was repeatedly blatantly and willfully violating city noise nuisance ordinances, parking ordinances,and engaging in illegal commercial uses in a residential zone(including[hired] entertainment for commercial uses). He was also profiting from the use of his property for weddings, officiating at the weddings,etc. (Incidentally,how many of these weddings conducted were not of his own religion? Was he discriminating against other faiths and against agnostics and atheists, diverse groups r.e. the events scheduling?) In light of past problems, he should not be trusted to voluntarily comply with any new conditions the city might impose,since he knowingly violated existing conditions,codes,and ordinances. In fact, Mr. Quello historically has inflicted public nuisances upon his neighbors,and he has violated the noble principle of"love thy neighbor as thyself." He has not treated his neighbors as he himself would like to be treated. In the course of holding events for his own gain and violating multiple city ordinances and codes,he has callously invaded the privacy and committed transgressions against his law-abiding neighbors—in the process demonstrating selfishness. Conclusion: Instead of being thankful for what he has received in the matter of a bargain lovely home and historical designation (among other things),eligibility for federal grants, generous property tax reductions,and possible tax write-offs (all of which were not due to his own merit, or historically based upon a house with his surname), Mr. Quello further covets and seeks special legal property and broad monopolistic commercial use rights status above all his neighbors and 45,000 other citizens of Tigard, as a newly city- minted landed lord of a privately owned historic estate (which he has historically misrepresented)with attendant special self-serving commercial entitlements denied his own neighbors' properties and their businesses in the same residential zone. This is unconscionable. Note: in 2005,the Quellos paid only $2,714 in property taxes for 2.05 acres and a 3648 sq ft house worth $790,970(WA county)-980,000(market). Their adjacent neighbor north at 16425 SW 93rd Ave paid $2,828-for a 1,712 sq ft house on 0.23 acre. The adjacent neighbor south at 16585 SW 92nd Ave paid $4,438- for a 3,004 sq ft house on 1.31 acre. For any public officials to knowingly subvert public policy(appropriate land-use regulations) in order to reward such corroborated improprieties and ingratitude with inequitable exclusive commercial privileges—and then apply that sham citywide to 7 Jerree Lewis - Brewins-written_testimon,cf ,Page 8 facilitate it - would be patently wrong, and against the public interest. Procedural Disqualifications—Vague and Insufficient `Public Hearing Notice' The City of Tigard did not provide adequate or specific enough notice to its citizens of the public hearings, especially to each of the handful of residentially-zoned neighborhoods directly affected. The"Public Hearing Notice" (which we request the city planning staff submit to include as part of the record( was received during the last few days of October. However, the Public Hearing Notice does not specify any of the locations of so-called"historic"overlays in residential zones. Most Tigard property owners are not familiar with generic "historic overlays,"nor with unmarked alleged "historical sites" in their neighborhoods, nor with misleading and confusing, incorrect markings of historical sites, nor even regarding the existence of a historic site on private property in their neighborhood. The Public Hearing Notice does not properly inform the recipients that one of these sites is in their neighborhood and that they may be directly impacted by the land- use decision. Specifically, the Public Hearing Notice does not disclose the street address of any property affected by the zoning. The Public Hearing Notice does not even disclose where one can find this information posted. The Public Hearing Notice does not reveal major details of the proposal which any reasonable person would want to know. All of these facts are contrary to prevailing Oregon statutes. (Reference to: ORS 197.763(3)(a), 197.763(3)(c),and ONRC v. City of Oregon City, 29 OR LUBA 90,97(1995).( The Notice Request states: "The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones." The Notice does not mention that the"conditional use" is in fact"commercial," that there are broad "commercial uses" involved for"direct or indirect compensation," that these code changes would allow currently prohibited"commercial uses" in residential zones and on private properties,that such commercial uses could include up to 200 people and their automobile traffic/parking at events and might be totally unrelated to any bona fide historical purposes,that this new category of proprietary exclusive uses would be inequitable vis a vis other residentially-zoned property owners (even adjacent neighbors), and that these inequitable,granted uses could be perpetual-and might proliferate in the future. Mr. Brewin alerted the Tigard planning staff(Mr. Sean Farrelly)of these Notice deficiencies in a legally recorded phone conversation that took place 2:20-3:00 pm on Monday,October 30'h. Mr. Farrelly admitted that he did not list any information about how the Public Hearing Notice recipients could access this vital land-use information, including the proposed code text changes. Mr. Brewin found some of this information eventually on the internet,after a time-consuming search. Most Tigard citizens would 8 Jerree Lewis- Brewins-written_testimony.do. • Page 9 not know where or how to access this information, and about 40%of Tigard's citizens do not have internet access at home. At the very least,the City of Tigard should have mailed: 1) a two-sided sheet with the Proposed Development Code Text Changes to all the Public Hearing Notice recipients,along with 2)the specific addresses of the private properties affected by this rezoning and creation of an entirely new broad commercial use category to be applied in their residential neighborhoods. The city should also have provided 3)a list of related documents and background material which citizens could access on the city's own website (including the proposed code text changes,the web page with the list of historical sites,the Agenda and Minutes of August 15,etc.). When none of this information was again forthcoming via USPS, let the record show that Mr. Brewin again contacted Mr. Farrelly (who was unavailable),this time leaving a phone message later on Wednesday,November 1, informing Mr. Farrelly that the planning staff should have notified affected neighboring property owners regarding the address of the affected historical site[s], the actual code amendment text changes,and links to the germane factual and specific documents. Mr. Brewin also referred to past City of Tigard planning staff Public Hearing Notices sent in the past(e.g. Steve Turner, SW 113`h Place),which customarily and clearly specified the property address location and the detailed,requested commercial uses,or development, code changes, etc.. Ex parte contacts: The City of Tigard planning staff needs to publicly divulge all ex parte contacts with Mr. Quello(and the nature thereof). In the course of conversations with a neighbor(the owner of the Charles F.Tigard house), Mr. Brewin learned that Mr. Quello had obtained the name and contact information of this property owner(and possibly others) regarding her historic house,and had indeed phoned her about the matter, soliciting support. Mr. Quello probably could not have found this information, unless he had been aided by the city staff in networking with other historic property owners. (Who? And How?) To date(11/8/6),concerned affected neighboring property owners of this code amendment proposal have not been likewise assisted in networking with similarly concerned property owners in other affected residential zones. Timing of the Public Hearing Notice: the generic,single sheet Public Hearing Notice arrived via USPS along with dozens of election and campaign-related bulk materials. City of Tigard officials and staff should NOT have scheduled the notice at the peak of election mailings(when it would be overlooked and not readily understood by most recipients),and should not have scheduled hearings in such a hasty, flawed, improperly conducted process. Similarly, the associate planner handling this matter, Mr. Farrelly,is on vacation until November 15 and is unavailable to answer questions, provide information, or process testimonial letters pertaining to the code amendment proposal,etc. Official Admission of Omission: Mr. Farrelly also acknowledged to Mr. Brewin on October 30, that neither he nor anyone else on the city planning staff had visited and inspected all the"historic sites" involved. Since there are only live historic sites 9 Jerree Lewis - Brewins-written_testimolioc Page 10 on private properties in residential zones, this should have been an easy feat,given that the city planners have had almost three months' preparation for the staff report. (Note: The John Tigard House is administered by a non-profit public entity, the Tigard Historical Association, c/o the Tigard Public Library,and Windmill Park is public property, too. The Grange Hall and Joy Theater are in commercial zones,and the Durham school is a Tigard-Tualatin public school.) Mr. Brewin himself drove to all the historic sites in a single afternoon, November 7,taking photos and noting factors at the locations. How could the city planners even prepare a staff report and recommendations,without first carefully inspecting these properties and locations? A reminder: The Oregon and United States Constitutions govern all actions of government. The constitutional principles of fairness and"due process" in particular are applicable to all land use decisions. The City of Tigard has neither practiced fairness nor"due process" in irresponsibly failing to disclose the most critically relevant and necessary vital information to recipients that should have been contained in the Public Hearing Notice, or contained in a supplemental explanatory sheet that was never prepared,expedited,or included with the Notice. [Again, refer to: ORS 197.763(3)(a), 197.763(3)(c), and ONRC v. City of Oregon City, 29 OR LUBA 90,97 (1995).] A corresponding city planning staff report and its assertions are likewise faulty. Furthermore,state land-use planning Goal 1 also requires citizen involvement in all phases of the planning process. To date(11/8),official City of Tigard communications have systematically worked to misinform and confuse citizens, and to effectively limit and hinder wider citizen involvement in this legal land-use process,as a direct consequence. Conclusions: This land-use process has already not fulfilled important legal and ethical criteria, and this rushed process(rife with misrepresentations)has evidently failed the citizens of Tigard in a number of areas where the citizens are depending solely upon the City of Tigard's officials and staff to act responsibly, fairly, and competently. Thus, the proposal should be rejected and shelved—or begun all over again, with any proposal very limited and more appropriate in scope,and the process handled more satisfactorily. Argument II: Substantive facts and substantial issues raised which are directly germane to the proposal and conditional uses do NOT support changing the current developmental code, on this subject, as proposed. The Proposed Amendments to the Community Development Code are unnecessary, unreasonable, insupportable,and drastic word changes(and not electorate-based,not popularly based)to the Community Development Code,which would not only create a specifically NEW "commercial use" category, but force prohibited,excessive, and totally inappropriate and invasive"commercial uses" into and upon established 100% residentially zoned neighborhoods, including arbitrary and draconian inequitable policies which would grant unwarranted unfair exclusive commercial privileges to certain 10 Jer)ee Lewis Brewins-written_testimonylia • Page 11 property owners, while denying their adjacent neighbors (and their businesses)these same special "conditional use"perpetual privileges, and furthermore not providing for guaranteed monitoring and protections, and further offering these city-selected private property owners special"incentives for maintenance." It is inappropriate to grant perpetual exclusive commercial use privileges to a handful of private property owners in residential zones, and not also to their neighbors(or to these neighbors' competing registered businesses). The development code change would only be fair and appropriate if these"historical sites" were owned by secular non- profit historical associations,or publicly owned,operated,and maintained,and in more appropriate zone locations, and used for strictly bona fide historical purposes. It is contrary to established American notions of free commerce for any local government to institute and grant new commercial monopolies and inequitable land-use policies which favor a small group of individual private property owners-- in place of already pre- existing, sound,equitable local land use policies --thereby unfairly harming other preexisting property owners and their rights, and in the same residential zones. It is discriminatory to give permanent exclusive commercial use privileges to a handful of private property owners in residential zones, and not to their neighbors(or their businesses),too. That is akin to recreating a feudal system of privileged lords and landed gentry. It is plainly un-American and runs contrary to every notion of fairness. This peculiar"ex post facto"superimposition of a new category of commercial uses and new code amendments upon established neighborhoods and residential zones is ill- advised, uninformed,and would be reckless public policy. The proposed"commercial use types" are too broad and do not even necessarily or appropriately pertain to bona fide"historical"purposes or uses. "Parties," "weddings,""luncheons,"etc. do not typically serve historical purposes.There is therefore no reasonable basis to justify(or even consider) any types of meetings/events which do NOT directly pertain to the cultural history,archival history,or verifiable authentic preservation of alleged "historical sites." The origin of this proposal by the City of Tigard lies in the attempt by two city councilors to assist a single property owner, Mr. Quello, in his self-serving bid to commercially profit from prohibited commercial activities at his residentially-zoned address, where he has already held legally-questionable events that constituted prohibited public nuisances. Moreover, Mr.Quello is already deriving the generous benefit of very low assessed property taxes on his valuable estate,especially in comparison with other private residential properties [tax lots] and unique houses of similar size and condition. He certainly does not need public assistance—or government-sanctioned welfare, let alone special monopolistic commercial entitlements. He can always sell the property— for a huge profit. Further,any maintenance of and improvements to the Quellos' private property inure directly to their own financial benefit, and not to the public's benefit. The proposal is nothing more than a selective and improper government handout. Il Jerree Lewis - Brewins-written_testimon. Page 12 The number of events [18] is excessive, and the number of permitted attendees even more excessive—to the extreme [up to 200].These arbitrary numbers conjured up by city staff do not even take into consideration the widely varying suitability of locations, the building sizes, the available parking(or lack thereof),the amenities/lack thereof, public and non-discriminatory ADA (Americans with Disabilities Act) accessibility. If the weddings/parties were all held during the summer months,there would likely be an event every single weekend and holiday from Memorial Day through Labor Day. This would ruin the peaceful living environment for neighbors in every residential zone where such commercial uses transpired. The city planner has also stated that,were this proposal approved, the number of events allowed could also possibly be increased in the future, changing these residential historical sites into permanent year-round commercial event facilities in the middle of residentially-zoned neighborhoods. There is also no mention anywhere in the proposal of responsible necessary on-site monitoring of these properties by the City of Tigard during the proposed weddings, parties, events, etc., r.e. the number of events, number of attendees per event, noise compliance and measuring decibel levels,etc.(and particularly on weekends, holidays, and evenings —when City of Tigard offices are closed and the regular city staff and code enforcement officer are NOT even available—and when such events would be most likely to occur!). The city planners do NOT have extensive or in- depth professional events experience or knowledge,they are not audio experts,they are not crowd control experts, and they are uninformed and unqualified to offer any reliable opinion in the matter of events planning/monitoring+and event site use (especially regarding private properties in residential neighborhoods). The City of Tigard does NOT properly enforce noise nuisances already(e.g. the unauthorized Gianola property party on SW Fonner of July 29, which blatantly violated numerous city ordinances/codes—including blasting neighbors at 85-100 decibels at a radius of more than 'Vs mile from his property and creating a road hazard on SW Fonner and SW 1 15th, for five hours; city officials coddled it and even made false statements about it to inquiring citizens, both during the illegal party and then for more than a week afterwards). Is the city prepared to monitor and measure the decibel noise level (not to exceed 50 db) of every single event held at these arbitrary historical locations,and respond immediately to every noise complaint—which would inevitably arise from such uses (and most likely on weekends, holidays, and evenings)? And how many police officers routinely carry decibel meters,calibrated weekly,and'are trained in their use? Is the city prepared to have a staff person on-site to monitor the number of events,and monitor with absolute confirmable verification(for all public inquiries)the number of persons attending each and every event? Also, routinely coordinate and monitor for non- discrimination in event, meeting, wedding scheduling, hiring and pricing,accessibility, etc.? Actual,on-site monitoring and enforcement of the"conditional use"on a regular basis,and on a moment's notice, is NOT mentioned anywhere in the proposal. What city staff persons will be assigned to monitor each and every event, party, 12 Jerree Lewis -Brewins-written_testimony.doc Page 13 wedding,fund-raiser for absolute compliance(and 7am-9pm)? There is no provision for this clear necessity–involving projected weddings,parties,fund- raisers,after all. The monitoring and compliance can not simply be left up to the property owners or managers of such proposed/designated sites in residential neighborhoods. This is untenable and insupportable; it is unverifiable and problematic. It is similarly untenable and totally unreasonable to place the further burden of monitoring these sites upon the affected surrounding neighbors. That would be a case of the city shirking its public duty–and passing it onto the victims of officials' own irresponsible actions. There is no way these old houses can safely accommodate more than a few dozen people for an event. There is no way the properties can accommodate 40-200 of people at any event (especially a wedding or party)without there being a public noise nuisance which exceeds the legal noise decibel levels(50 db,or anything which disturbs the peace and repose in a "noise- sensitive" unit la residence),and especially as this pertains to any events (or portions thereof)held outdoors on the residentially-zoned properties. The proposed code amendments do not contain any requirement for visual "screening," i.e. solid hedge,wall,or fence 6-8 feet in height,to prevent flagrantly violating the privacy of affected adjacent properties in these residential zones. While several sites on the city's list of so-called "historical sites"are already suitable and used for regular and large events and/or meetings (the Grange Hall, Durham School and Joy Theater),the houses and private properties listed in residential districts are clearly not suitable nor appropriate. The aforementioned hall,school, and theater and properties were all designed for meetings and/or events or public use. However,the private houses in residentially-zoned neighborhoods were clearly and historically NEVER designed nor intended for such commercial and broad uses as proposed by the city planning staff.These houses were not built to standards required by commercial codes,nor for meetings/events, nor according to any federal and state guidelines/specifications for disabled access. Furthermore, there is already a more than plentiful enough supply of existing rental facilities of all types, halls, banquet rooms, etc. available for events and meetings all over Tigard and nearby in the area— in appropriately constructed public and commercial buildings and churches in appropriately zoned areas, in addition to outdoor public parks. The five"historical"private properties in residential zones are each adjacent to a number of other residential properties with houses. Arty meeting and event use would inevitably regularly violate some surrounding neighbors' privacy,and certainly constitute a regular prohibited noise nuisance(weddings, parties,receptions, fund-raisers). It would be virtually impossible to have a wedding or party etc. for 40-200 people at any of these locations inside these older frame houses -- let alone outdoors -- that will NOT violate the noise nuisance ordinances, including penetrating the interiors of the surrounding "noise-sensitive" units/residences. Some people and children need sleep sometimes 7arn- 9pm. • 13 Jerree Lewis - Brewins-written_testimotoc rage 14 PHOTOS: The attached photos will provide some insightful information about these alleged"historical sites." Shaver-Bilyeu House: 16445 SW 92"x. Shaver-Bilyeu_1.jpg demonstrates that Mr. Quello is not preserving the historical and cultural identity as guardian of a historical house. The Quellos are pretending that a place called"Quello House"was established in 1892. Likewise, the Quellos are falsely representing that The Flower Farm was established in 1892 (Shaver-Bilyeu_2.jpg)and not in the 215'century. The SW 92nd street parking(east side) is reserved for the high school uses, and parking on nearby streets is restricted. A state-of-the-art public event facility and meeting rooms are nearby at the high school, and Cook Park is down the street,with city-administered outdoor free and rental facilities. Gaarde house: The Gaarde house at 11333 SW Gaarde is located on a busy street with no parking. The photos (Gaarde_1.jpg and Gaarde_2.jpg) show the close proximity of the next-door neighbor's house. Seven Gables Upshaw House: 9890 Peppertree Lane. This house is located on a quiet cul-de-sac. The photo, PeppertreeLane_l.jpg, shows the close proximity to the next- door neighbor. The photo also shows that the house has been seriously altered. There is a modern garage and roof,and other alterations and additions. This greatly diminishes any historical significance,especially architectural. PeppertreeLane_2.jpg also shows the proximity to the neighbor's house. Charles F. Tigard house: The house at 11180 SW Fonner is set back about 200 yards from the street and is accessible only by a narrow gravel/dirt right-of-way. The street photo(CharlesFTigard_1.jpg) shows the street has no parking, no shoulders,and that cars routinely swerve across people's front yards. CharlesFTigard_2.jpg shows the narrow right-of-way access to the property. This right-of-way is also not suitable for parking; both sides of the path belong to the adjacent neighboring properties. The photo, CharlesFTigard_3.jpg , was shot from the house at 11205 SW Morgen Ct, and shows the close proximity of the Tigard house. The photo, CharlesFTigard_4.jpg, was shot inside the property of 11225 SW Morgen Ct. and shows the very close proximity of the Tigard house to this neighbor. The photo, CharlesFTigard_5.jpg was shot from the house at 11225 SW Morgen Ct. and shows the close proximity of the Tigard house. This house is situated in a fragile eco-system and natural wildlife habitat,with one of Tigard's remaining intact small forests of old-growth firs, and thousands of nesting and migratory birds, some of which are endangered protected species.(see:Oregon Goal Five) A newer subdivision (SW 113th Pl.) is adjacent to the trees and growth.The owners(C. Schultheis) have stated they do not wish to hold commercial events etc.here, and that it would not be appropriate in this location. Note: The Charles F. Tigard house is not at its original site. This is not the"historical site"of the house. It was moved in 1980. Its original location was by Highway 99 (near Elmer's Restaurant and the discount furniture outlet store). The roof has been changed to composition, the basement and foundation are also not original, and it has been remodeled inside. A house that has been moved loses intrinsic significance as a historic place. The more important historical site and building relating 14 Jerree Lewis - Brewins-written_testimony.doc Page 15 S to Charles F. Tigard was his general store. Ripley's Furniture/Gardener's Choice is a more historic building, and was the store moved from across the street(99W). Tigard Farm and Windmill:This house at 10525 SW Tigard St. is located on a block with posted"No Parking"signs. It is surrounded by apartment complexes. The two photos,Tigard_Windmill_1 jpg and Tigard_Windmill_2.jpg clearly show the very close proximity of a large apartment building to the windmill and property. The other"historical sites" in residential zones are not private properties. The John Tigard House is located at 10310 SW.Canterbury Lane. The photo, JohnTigard_l.jpg,shows the location of the tiny house at the intersection of two streets. The photo,JohnTigard_2.jpg shows that the house is a museum used for legitimate non-profit historical purposes. This house has also been moved from its original site (near Highway 99W). This is not the"historical site." Windmill Park is a city park located on SW 12151. Nevertheless, it is located close to neighboring houses, as shown in the photo(WindmillPk_1 jpg). Historical observations: In the larger context of history,none of these houses is important or significant nationally. Only in a small-town like Tigard would some of these houses be deemed worthy of any historical designation. For instance, on the east side of Portland,there are hundreds of houses that are as old(or-older)which probably have more historical and architectural importance. Yet,hardly any of those houses is officially designated as"historical." On the East Coast,there are thousands of houses that are hundreds of years old. What will happen in the future, if the City of Tigard simply designates every older house,farm,or business as"historical?" (And which panel of professional historians has the city authorized for such purposes?) Moreover, if the city approves the code amendment proposal and designates more and more houses as "historical" in the future, then there will be more nuisance properties with exclusive monopolistic"commercial uses" in residential neighborhoods all over the town. The only house in Tigard that should be officially recognized and accorded any special uses is the John Tigard House, because it is the oldest and has the most historic importance, it is owned and administered as a public non-profit historical site by the Tigard Historical Association, and it serves the public for strictly historical purposes. By comparison,the City of Beaverton has two historic house sites,the Jenkins Estate and the Fanno Farmhouse. Both sites are publicly owned (the Tualatin Hills Park and Recreation District). The Jenkins Estate is situated on 68 acres, away from all neighbors, has seven buildings and three support structures. Anyone may rent the Jenkins Estate, through the public park district. No amplified music or sound systems are permitted, indoors or outdoors,not even a microphone. (Mr.and Mrs. Brewin were married there.) Similarly, the publicly owned and administered Fanno Farmhouse is situated on 14 acres next to a main arterial street. Both the Fanno Farmhouse and the Jenkins Estate are suitable venues and properties for events, meetings, weddings, parties,etc. They are 15 Jerree Lewis - Brewins-written_testimorc • Page 16 publicly administered and they are not the source of any public nuisances. That's a major difference between the way the City of Beaverton operates and what the City of Tigard is proposing, r.e. historical houses and conditional uses. While some counties allow conditional uses in rural unincorporated areas,most reputable cities do not permit such inappropriate commercial uses in residential zones. Furthermore, truly historical houses and sites are not used for non-historical purposes (e.g. Hoover-Minthorn House [Newberg[,John McLoughlin House [Oregon Cityl www.mcloughlinhouse.org/, Fort Clatsop http://www.nps.gov/lewi/planyourvisit/fortclatsop.htm). Conclusion: There is therefore NO justifiable need or rationale for any further amendments to the community developmental code,on this subject,and especially pertaining to speedily and deliberately revoking zoning protections which currently protect the public and prohibit invasive broad commercial uses or public nuisances encroaching into residentially-zoned neighborhoods. The persons who purchased these five historical homes(or who sought"historical" status)knew they would have to maintain their own homes;and it inures solely to their own benefit,too. In one case,newer private property owners(i.e.the Quellos) themselves sought the historical designations,and have already been reaping the rewards — in the form of low property taxes. In 2000,a previous Zoning Ordinance Amendment(ZOA2000-000 t)sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. It should be reminded that tens of thousands of residential property owners, families,bought their properties—their homes-with the existing zoning,and code prohibitions and protections,and the reasonable expectation that these sensible prohibitions and protections for residential zoning would be lasting and enforced. The City of Tigard's elected and appointed officials should wisely protect carefully crafted existine residential zoning protections and not confer inequitable monopolistic commercial uses and rights upon a small group of private property owners(nor specifically on behalf of any person[s]), nor thereby or otherwise irresponsibly create unmonitored public nuisances, harming numerous other citizens, their properties and property values in the process—but rather exercise prudence and uphold the public trust. Sincerely, 1) Michael Brewin, 2) Sharon Brewin, property owners, 11225 SW Morgen Ct..Tigard, Oregon, USA 16 Jerree Lewis - Brewins-written_testimony.d. Page 17 and 3) Michael Brewin, SOULJAZZ LLC, a Tigard, Oregon, United States business • 17 Jerree Lewis -060815Agenda[1].pdf • Page 1 Revi>ed.\ugust I 1 2006..\tided a short busines,rneetint,see Pace 3. August 22 Council\1eetua, is canceled. III le 11111 • TIGARD CITY COUNCIL . WORKSHOP AND BUSINESS MEETING EN August 15,2006-6:30 p.m. TIGARD CITY HALL TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 • • PUBLIC NOTICE: Upon request,the City will endeavor to arrange for the followingsen-ices: • Qualifiedsign language interpreters for persons with speech or hearingimpairments;and • Quali ftedbilinuual interpreters. • Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:110 p.m.on the Thursday preceding the meeting.by calling 503-639-4171, ext. 241(1 (voice) or 5113-684-2772 (IDD - Telecommunicaions Devices for the Deaf). SEE1\T1Tr\CHED AGENDA • COUNCIL. AGENDA—AUGUST IS,21)116 page I • Jerree Lewis - 06081 5Agenda[1].pdf • Page 2 • • AGENDA TIGARD CITY COUNCILWORKSHOPNLEETING AUGUST 15,2006 1. WORKSHOP MEF.TING 1.1 Call to Order—Tigard CM.Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications& Liai son Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. RECEIVE SITE CON1MHTEE UPDATE- SENIOR CENTER REMODEL • StaffReport: Administration Department • 3. DISCUSS ROLES AND RESPONSIBILI-HESOF THE CH)*C EN-1ER ADVISORY COMMISSION(CC AC) • Staff Report:Community Development Department 4. DISCUSS TOWN HAI].AUDIO-VISUAL UPGRADE • Sta ft-Report: Financialand Information Services Department 5. DISCUSS WH E,TH ER TO INFHATE A DEVELOPMENT CODE AMENDNIENT TO ALLOW NON-RESIDENTIAL USES IN A RESIDENTIAL ZONING DISTRICT AT THE QUELL()HOUSE AND SIMILAR PROPER-11ES • Stall-Report: Community Development Department COUNCIL AGENDA—AUGUST 15,21116 page 2 • Jerree Lewis-060815Agenda[1].pdf • • Page 3 6. DISCUSS CITY COUNCIL. REPORT CARD • Staff Report: Administration Department 7. UPDATE ON THE STATUS OF THE 2106 CITY COUNCIL GOALS • StaffReport:Administration Department TIGARD CITY COUNCIL BUSINESS MELTING AUGUST 15,2006 n. CONSIDER AN A\IENDMENTTO THE( ITI COUNCIL GROUNDRULES a. Staff Report: Administration Department b. City Council Discussion c. City Council Consideration: Resolution No.016- 9. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 9.1 Approve Council Minutes for July 18,3)106 9.2 Appoint Building Appeals Board Member- Resolution No.06 9.3 Approve Budget Amendment#4 to the FY 2006-07 Budget to Increase Appropriations in the Gas Tax Capital Projects Budget within the Community Investment Program for Additional Funding for the Hall Boulevard Sidewalk Project—Resolution No.06- 9.4 Approve Budget Amendment#5 to the FY 3006-0' Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—ResolutionNo.06- 9.5 Local Contract Review Board: a. Award Contract for the Construction of the FY 31)1)6.07 Pavement Major Maintenance Program(P\1\IP)—Phase I b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities • f mvnt Aida-Bens Ranarei for SwarateDisvaicri A nyiterns relue#ai to be reravEd frcrn the Consatt Aga)da for separate disysdm will be consdaai imrneiiatdyafte the Council has votes at (luxe items which do not ni disysdm. to. COUNCIL I.IAISON REPOR-1 1I. NON AGENDA ITEMS COUNCIL. AGENDA—AUGUST 15,2006 page 3 • Jerree Lewis -060815Agenda[1].pdf • Page 4 11. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable stance. All discussions are confidential and those present may disclose nothing from the Session. Representati yes of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT taomcn,c a.woeozce+s.sao*cc • COU`CII. AGENDA—AUGUST 15,211116 page 4 Jerree Lewis -060815Minutes[1].pdf . Page 1 • Agenda Item No. C9. 1 • us For Agenda of q. la. o(, TIGARD Tigard City Council Workshop and Business Meeting Minutes Date: August 15,2006 • Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard,Oregon — Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding • Councilor Sydney Sherwood Councilor Nick Wilson - Councilor Tom Woodruff • Agenda Item Discussion Sc Comments Action Items(follow up) Workshop Mayor Dirksen called the City Council and the Local Meeting Contract Review Board to Order at 6:30 p.m. 2. Receive Site Risk Manager Mills summarized the Staff Report. Council consensus was to Committee proceed with the Senior Update— Below is a summary of the discussion: Center Remodel process. Senior Center > Risk Manager Mills introduced Senior Center City Manager Prosser Remodel Executive Director Joan Smith and a advised that with Council representative of the Loaves and Fishes and City direction to proceed,funds of Tigard Site Committees Bill Gerkin. have already been > Councilor Sherwood advised she needed appropriated for this project. clarification on the remodel She said that since Staff will proceed to spend more than$1 million will be spent on the up to$100,000 of this year's project,she wanted to make sure a full Community Investment commercial kitchen is planned. She noted the Program funds for need fora facility available for groups to access a architectural work to get a commercial kitchen for community events, conditional use application fundraisers,etc. started for the remodel. ➢ Mr.Gerkin reviewed activity experienced with other senior centers in the region and the Risk Manager Mills advised populations served. that before proceeding with > The Tigard Senior Center needs to be updated, architectural and engineering which would benefit Meals on Wheels and design bids to be funded provide opportunities for more activities and to with the second half of the expand activities already taking place. funds allocated for this fiscal > Councilor Woodruff advised that the City year(an additional$100,000), Council is supportive of the remodel,but wants staff will return to the City to provide for growth in the Center's use. Council. • Ms.Smith said some scratch cooking is now Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 1 • • Jerree Lewis - 060815Minutes[1].pdf • • Page 2 Agenda Item Discussion&Comments Action Items(follow up) • done at the Senior Center. ➢ Loaves and Fishes will pay for part of the remodel. ➢ Ms.Smith said,depending on the amount that might be awarded by the CDBG,the Tigard Senior Center remodel plans might need to be pared down or they will need to do additional fund raising. ➢ Ms.Smith said they have worked with a kitchen architect to design a kitchen that meets ' commercial standards. ➢ Risk Manager Mills noted that the remodel could occur in phases as funding is identified. ➢ Risk Manager Mills advised the goal is to have this project finished by June 2008. 2. Discuss City Center Advisory Commission members present Council members agreed Roles and Chair Carl Switzer,Commissioners Carolyn Barkley, they would like more time to Responsibilities Gretchen Buehner,and Alice Ellis Gaut review the draft Bylaws and of the City scheduled another discussion Center Community Development Director Coffee on September 19,2006. Advisory introduced this agenda item. Cormission Senior Planner Nachbar distributed a marked-up draft of the Bylaws noting this document reflected changes suggested by the CCAC. Key points of the discussion follow: D Section 1 outlines"charge and duties": o Bylaws should be reviewed to assure compatibility with the Urban Renewal Plan. o Discussed the situation where another urban renewal district might be formed in Tigard. Speculation on whether another CCAC might be needed or adjustments to the existing CCAC. > Chair Switzer advised of the detailed review by CCAC members. The CCAC members wanted to create a document to provide guidance if there should be a leadership change,provide for a minority report,and clarify the purpose and procedures of the CCAC. D Discussed representation of community interests from the membership of the CCAC. D A representative from each interestgroup is not Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 2 • • Jerree Lewis- 060815Minutes[1].pdf • Page 3 • • • • Agenda Item Discussion&Comments Action Items(follow up) necessary;however,interest groups should be invited to the table so the CCAC can receive their input. • If care is taken to select a broad cross-section of the community,then there will likely be a good representation of interests. • Chair Switzer said CCAC members felt they should have input on selection of members to the CCAC. Mayor Dirksen commented that this would be unusual as this is not how appointments are made for other boards and committees. Assistant City Manager Newton added that this would require an amendment to the resolution regarding how appointments to boards and committees are done. After brief discussion,Councilor Wilson suggested it was good to have open lines of communication to receive input from the CCAC,but questioned whether it was necessary to codify this as a requirement in the Bylaws. > Community Development Director Coffee advised that if the Bylaws require that the membership reflects representation of certain interest groups within the community,how members are removed should be outlined. Chair Switzer directed attention to Section 4,`Term of Office." > Councilor Harding noted the need for better recruiting efforts for members and supported having Committee members assist with this process. > Councilor Wilson suggested that the representation of a broad spectrum of community members within the membership of the CCAC be a goal and not a"hard and fast rule." > Councilor Woodruff said Section 3(a)(2) regarding the composition of the CCAC is not needed. There was general agreement to delete this wording. > Commissioner Ellis Gaut noted there is a section in the draft Bylaws allowing a vote by proxy. > Section 7 outlines the Commission members' responsibilities,including wording on acting with respect and consideration for the viewpoint Tigard City Council Workshop and Business Meeting Minutes August IS,2006 Page 3 Jerree Lewis - 060815Minutes[1].pdf • . Page 4 Agenda Item Discussion&Comments Action Items(follow up) of others. ➢ Removal of members is outlined in Section 10. • Mayor Dirksen confirmed,in response to a question from Commissioner Barkley,that the CCAC is a"Commission"not a"Committee." These two terms have been used interchangeably —use"Commission." 4.Discuss Information Technology Director Ehrenfeld • Town Hall introduced Mr.Lon Cudy of New World Audio Audio Visual Video. Mr.Cudy was awarded the contract to Upgrade analyze the current condition of the Town Hall audio/visual capabilities. Mr.Cudy reported he has observed several deficiencies with the audio system in Town Hall. The following represents the key points discussed: ' Town Hall audio/video(a/v)system should accommodate overflow crowds;i.e.,lobby enhancements and/or off-site viewing. 7 Mr.Cudy proposed a large overhead screen on the wall behind the City Council dais for easier audience viewing; people seated at the dais would be able to view presentations on computer screens. D Mayor Dirksen and Councilor Harding noted issues with their laptop computers,including that the batteries no longer hold a charge for very long. D Mt.Cudy noted the multi-purpose uses of the Town Hall. He suggested that one person operate the controls of the a/v system during the meetings;i.e.,the recorder or secretary. 7 Mr.Curly recommended headset microphones for best results. Sufficient microphones for everyone seated at the dais and the public testimony desk are needed. ➢ Councilor Sherwood noted a preference for • turning on the microphone when an individual wants to speak. ➢ Review of the system will include a testimony timing system and digital recording. Mr.Cudy said he would like to"clean up"the system;do away with the numerous power cords that are visible. Mr.Cudy said he plans to develop a Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 4 Jerree Lewis-060815Minutes[1].pdf Page 5 • • • • Agenda Item Discussion&Comments Action Items(follow up) system that will be good to use ten years from now. - > City Manager Prosser noted the need to determine what a/v equipment will be made available for public use. 5. Discuss Community Development Director Coffee advised After discussion,consensus Whether to that City Council members Harding and Woodruff of the City Council was to Initiate a indicated interest in facilitating the use of the Quello initiate the Community Development House for limited commercial use. Development Code Code Amendment process for Amendment to City Manager Prosser explained the process for this consideration of establishing Allow Non- matter. If a Code Amendment is considered to set an overlay zone or Residential up a procedure for a conditional use permit,the conditional use process. Uses in a legislative hearing process would be followed. If the Residential Code Amendment is approved,Mr.Quello would Zoning District need to apply for a Conditional Use Permit by going at the Quello before the Hearings Officer,this would be a quasi House and judicial hearing. Similar Properties Mr.Quello spoke to the City CounciL He submitted a written statement outlining how a conditional use approval would benefit his property. A copy of this statement is on file in the City Recorder's office. His key points were: > There is a need in the City of Tigard for this type of facility. > The Quellos are willing to share this facility with the community at no cost to the taxpayers. > Historic property will disappear if a way is not found to make such property viable. In response to a question from Councilor Sherwood,Mr.Quello advised he and his wife have no plans to use this facility as a Bed and Breakfast Inn. Councilor Woodruff commented that the 100-year old,restored Quello home is an asset for the City of Tigard. He said he would like to figure out a solution so a property such as this does not get sold for development. He said he understands there was neighborhood opposition to the events held at the Quello house in the past. Councilor Woodruff said he supported reviewing this again. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 5 Jerree Lewis 060815Minutes[1].pdf • • Page 6 t Agenda Item Discussion&Comments Action Items (follow up) Councilor Wilson said he was serving on the Planning Commission when this issue came before the City last time regarding the Quello property. While the alternative might be that the property will be sold to a developer,there was a need to balance neighborhood concerns. Mr.Quello acknowledged the issues previously, • which he characterized as a learning experience. At that time,weddings were being conducted on the • property. If he is allowed to have events on the • property,he said he would agree to restrictions, including rules regarding amplified music and the use of"DJ's." Discussion followed regarding parking and concerns that might arise.Community Development Director • Coffee suggested that conditional use standards could be developed to address these types of issues. • Mr.Quello advised the Quello House was listed on the National Historical Site registry,which must be renewed every 15 years. He will need to reapply next year to retain this designation. Councilor Harding supported another review and coming up with something creative for the Quello House. Councilor Sherwood said she would be happy if a good compromise could be found. She suggested that Mr.Quello talk to his neighbors to build support for his proposal. Community Development Director Coffee referred to the process for a Community Development Code text amendment to allow conditional uses on historical sites. The legislative hearings on a proposed text amendment would take place before the Planning Commission and the City Council. He reiterated that if the text amendment is approved, the conditional use approval for a specific site will be held before the hearings officer. Neighbors would be notified of this conditional use hearing. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 6 Jerree Lewis - 060815Minutes[1].pdf • Page 7 • Agenda Item Discussion&Comments Action Items(follow up) 6. Discuss City Assistant City Manager Newton presented the staff After discussion,City Council Report report. Council members agreed that Card staff should review the At the May 16,2006,City Council meeting,Council report card draft and make members asked that the Committee for Citizen appropriate grammatical Involvement review and provide comments on the changes. Room should be proposed Council report card. Councilor Sherwood left after each question for noted that she and Councilor Woodruff came across written comments. The the report card idea and thought this would be a Report Cards will be good evaluation tool for Tigard City Council. submitted to Board and Councilor Woodruff suggested using the proposed Committee Chairs and the format this year and modify as needed. Report Executive Staff. Names of cards could be done every year or two. persons filling out the card will not be requested; however,the City Council would like differentiation between the two groups;that is,identify whether the form was completed by a Board/Committee member or an Executive Staff member_ 7. Update on Assistant City Manager Newton presented the staff the Status of report. The summary of progress made on the City the 2006 City Council goals for the second quarter of 2006 is on Council Goals file in the City Recorder's office. 8. Consider an City Council discussed the Council Groundrules on Motion by Councilor Amendment to July 11,2006. The following wording was proposed Sherwood,seconded by the City for consideration as an addition to the City Council Councilor Woodruff,to Council Groundrules: Council members should attempt to give at adopt Resolution No.06-51. - Groundrules least 24 hours'notice,by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item The motion was approved by for separate discussion. a unanimous vote of Council present. RESOLUTION NO.06-51—A RESOLUTION AMENDING THE COUNCIL GROUNDRULES Mayor Dirksen Yes (EXHIBIT A)AND SUPERSEDING Councilor Harding Yes RESOLUTION NO.04-83 Councilor Sherwood Yes Councilor Wilson Yes • Councilor Woodruff Yes 9. Consent Mayor Dirksen reviewed the Consent Agenda before Motion by Councilor Wilson, Agenda the City Council: seconded by Councilor Sherwood,to approve the 9.1 Approve Council Minutes for July 18,2006 Consent Agenda. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 7 Jerree Lewis - 060815Minutes[1].pdf • Page 8 • . Agenda Item Discussion&Comments Action Items(follow up) 9.2 Appoint Building Appeals Board Member- Resolution No.06-52 The motion was approved by a unanimous vote of Council A RESOLUTION OF THE TIGARD CITY present COUNCIL APPOINTING DAN PELISSIER TO THE TIGARD BUILDING APPEALS Mayor Dirksen Yes BOARD Councilor Harding Yes Councilor Sherwood Yes 9.3 Approve Budget Amendment#4 to the FY Councilor Wilson Yes 2006-07 Budget to Increase Appropriations in Councilor Woodruff Yes the Gas Tax Capital Projects Budget within the Community Investment Program for Additional Funding for the Hall Boulevard Sidewalk Project —Resolution No.06-53 A RESOLUTION APPROVING BUDGET AMENDMENT#4 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS I1N THE GAS TAX CAPITAL PROJECT BUDGET WITHIN THE COMMUNITY IiWESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE HALL BOULEVARD SIDEWALK . PROJECT 9.4 Approve Budget Amendment#5 to the FY 2006-07 Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—Resolution No.06-54 A RESOLUTION APPROVING BUDGET AMENDMENT#5 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE PARKS CAPITAL PROJECTS BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE TUALATIN RIVER/COOK PARK TRAIL FROM GARDEN TO BRIDGE PROJECT 9.5 Local Contract Review Board: IIa. Award Contract for the Construction of the Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 8 Jerree Lewis - 060815Minutes[1].pdf • Page 9 • • Agenda Item Discussion&Comments Action Items(follow up) FY 2006-07 Pavement Major Maintenance Program(P■ IMMP)—Phase 1 b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities Administrative City Manager Prosser reviewed the following Items Administrative Items with the City Council: • Mayor Dirksen advised Tri-Met would like to hold its quarterly board meeting(October 25)in • the City of Tigard. It is possible there will be a Idemonstration of the equipment that lays railroad track a quarter mile at a time. Potential joint meeting with the Intergovernmental Water Board and the City of Lake Oswego City Council on October 24. The consultant will present information so policy • discussions can begin. > Fifth Tuesday Council Meeting will be on August 29,2006,7-9 p.m.in the Tigard Water • Building. > Status of nominations for Mayor and City Council candidates for November 2006 election: Mayor Candidate: Craig Dirksen;Councilor Candidate Gretchen Buettner.Nominations for Mayor are closed;nominations for Council members close August 28,4 p.m. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 9 • Jerree Lewis - 060815Minutes[1].pdf • • Page 10 • • • Adjournment The meeting adjourned at 8:53 p.m. Motion by Councilor Sherwood,seconded by Councilor Woodruff,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Duksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes (1,Cb6412,Li. 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C-n .5.:•.. ,•.#!ti': • • :. • eq• ... p 1 ..:. Are.: >:,i ' ��"a •• 4:. r. • .10 r•j-.F' t.•u'•. ff..dFit r.r d r•. 'Y r' .+•y1F.'3e ..K::.r • .f:. m. 1,7,1{!{ ::a:'.. !i'.....07..1.:f5''I., 't'L.: 6Sae.•:_ f e`:As`S::M..,Y .$t , •• • 1 a}!1 J1t 1 _}f; 7. J Lav. y. .: . rbL.•s - X.iis it ,e y:•;• .'++'*''' • •w .+ti�P•:.' ... iiffillillt:71:ii.!'i041.P t:#.,..MO., >._,: r::;,11I:.,1 .,,'. ,r ' J V , • National Register of Historical Pls - OREGON (OR), Washington Cows \rchitccl. huildcr. orcneinccr: I nl.no\\n Architectural Style:Otllcr. 13un_alo■\ Cratt.nlan Ilistoric Person:Schiihncrich.l.d'kard 'i_nilicant Year: 1915 \rsa 01 . .\rauccturc Period ol St'nil!.;lnce: PAM-tl)l-i_ 19,5- \\rler: I'ri ate Illaoric Function:I)ornctic I listoric huh-Iunclion:tiin_Ic I)' chin_ Current Function:I)onleslic Current Still-function:ShLtle I)\\cllirl_ .1 Sha\cr--Bilyeu House (added- 1993 - Building - #9300(1014) Also kno\\n as Sha er,\\illiam E. and Lizzie,House 16445 SW. 02nd :\\c.. Ti'�ard I h'.i 'ric .I_rlltle;lllie:.\r hilecture I:llt !I1ceril) . I.\cut \rsh!tcc!. Kidder. or cn_incer:t nkno\\n \reh!tcc)ural Si■Is:I)thcr_Queen Anne .\Tea of !--iicnilic;mcc:.\rchitecture. I-.xrior;lllon'Sclticnlenl Period of Si::nitieance: I')l)(t-1924. 1015-11)44 (h■ncr: Pri%ale I Iistoric Function:I)onlcstis I lisloric Sub-Function:Sitt_I • Ih\cltin_ Current Function:Domestic Curreni tiuh-Function:'ineic D.\ening Sholcs, :\lbert S.. House (added I\)S2 - Building - =�2t)() 75,) {59 ) S. :\'pine St.. Cornelius Historic til_niticancc::\rchitecture Iin_inecrin_. I.\ent Architect. builder_or cn_inccr:\lanin_IZirh,lyd..lr \rchilcctural St\ic:I tie.Ilo\\ ( r.tlisman Area of tii_niI c ii cc:.\rchnccturc. Commerce Period of tii_ni lic;ulcc: PAW-1924 O\\ncr:Prig ate I li.toric Function:Domestic IIi.toric Sub-lunelion:'in_Ic I)\\cllin_ Current I-unct ion:I)omc.l is Curren( tiuh-Ftulslion:'in_ic I)\\clIine 1 Shore's-. Charles. House (added I 9 9 - Building -.----' 91)0(151S) x)1)5 I: `lain St.. Hillsboro lsboro Historic tii_nilie:nice::\rchitecture l_n_inecrin_ Architect. huildcr.or en_Inecr Shore .Ch:tr c. \rshitcctural Style:t)titer. Queen Anne :\rca o{ 'i_nific incc::\rchiiccturc Period oI Si_ni f ic;ulee: I')I)O-1')24 (h\ncr:I'ri%ate I Ii.toric Function:I)oinestic I Ii.torie tiuh-Function:Multiple U\\ellin`_. Sin tle I)\\cllin` Current I-unction:Domestic file://C:\Documents and Settings\jerree\Local Settings\Temp\GWViewer\state.html I (/13/2006 • City of Tigard> Community> Hiyprical Tigard . • Page 1 of 4 City J Welcome to the City of Tigard Logo City Hall Business Community Police Library Help Boards & City Cou Departments Mayor's Corner Services Bid Advertisements Business Tax Municipal Code About TiLmrd Cityscape Newsletter Current Construction Def inint Tint and Events Calendar Festi'al of Balloons New to Tigard? Parks Photo Gallery Recreational Prod rams Search Tigard Beyond Tomorrow Find ` Volunteer Opportunities About Tigard PD Community Policing Crime Pre'cution FAQ Tra f1 is Youth Ser■ices About Your Library Kids and Families Teens Prot/rams and l:\eats Reference Ser■ices Lisinti Your Library Volunteer Opportunities \VILInet ADA Notice Feedback Form LeLtal Disclaimer Privacy Policy Search Tigard via RSS Historical Tigard Ii,ardRSS Home > Community > About Tigard > Historical Tigard Feeds DESIGNATED HISTORICAL SITES Quick Links ,' J Durham Elementary Home Durham Elementary School, 8040 SW file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 1 1/13/2006 City of Tigard > Community ilistorical Tigard • Page 2 of 4 ffordable Fh using! Durham Rd. Bid Ad'.ertisements Year Designated: 1984 Built in 1920, the school is significant in its City Council association with early Oregon pioneer and `1u`n`I`t businessman Albert Durham. Cityscape Newsletter Ye-Olde Windmill, 121st St. and Katherine Construction in St. 121st 8 Katherine Street Year Designated: 1984 Development Code Built in 1909 by Edward Christensen, the [►11er_enc\ water tower stands as a visible testimonial N•lanaeenlent to the surrounding land's original [ tints Calendar agricultural use and to the Wood- Christensen families who lived and farmed Forms there. Job ()pportunities New to Tigard:' Charles F. Tigard House, 1 1 180 SW Parks in Tigard Fonner St. Charles F.Tigard House Passports Year Designated: 1984 Constructed in 1909, this is the second Room Reservations house occupied by Charles F. Tigard, the • I it!ard NIunicipaI seventh son of Tigard's namesake. Charles Code established the area's first general store and Volunteer was involved in other commercial Opportunities activities. • Water Division Tigard Farmhouse and Windmill, 10525 Online Services SW Tigard St. r Tigard Street Farmhouse Year Designated: 1986 —� (;IS Online N"laps Built in 1900's, the house is significant due Library Catalo to its association with the Cowgill family. \\ I L I net Hal Cowgill, who purchased the property in Online Park 1936, was a long-time employee of Pacific Reservations Power and Light. The residence is one of t_'tilitv Pa.menu the few bungalow farmhouses with a water tower still intact. Vendor Re17istration Joy Theater, 11959 SW Pacific Hwy. Year Designated: 1986 J Joy Theater Constructed in 1939, the theater building is significant as an example of the Art Deco/Modern Style. Substantial exterior alteration, approved by the City, occurred in 1992. The basic massing and style of the • building was preserved and enhanced by the alterations. • Tigard Grange Tigard Grange #148, 13770 SW Pacific Hwy. file•//('•\flnriimPnic and Cattin.rc\icrrva\T nra) L,...,..I t . /I-+i-+nni City of Tigard > Community> Heical Tigard • • Page 3 of 4 Year Designated: 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. Seven Gables Upshaw House, 9890 SW Peppertree Lane Year Designated: 1986 ?1 Seven Gables Upshaw House The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples. John Tigard House, 10310 SW Canterbury Ln. John Tigard House Year Designated: 1979 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. Gaarde House, 11333 Gaarde St. Year Designated: 1991 The house was built,in 1922 by Hans Gaarde, the son of John Gaarde, who Gaarde House established a blacksmith shop in 1893 across the road from Charles Tigard's store. The house is one of the few remaining examples of the bungalow style with Craftsman detail. Its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard. Shaver-Bilyeu House, 16445 SW 92nd Avenue j Shaver Bilyeu House Year Designated: *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association file://C:\Documents and Settinus\ierree\Local Settinoc\Temn\hictr rir /11 i�nnc City of Tigard > Community Alistorical Tigard • Page 4 of 4 with the Shaver family, who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] Printer Friendly Version (IE 5.0+ or Netscape 6.1+only) Questions, comments, suggestions? Fill out the leedhack form. Legal Disclaimer I Privacy Policy ( ADA Notice • City of Tigard. 13125 SW Hall Blvd. Tigard. OR 97223. 503-639-4171 • • • • file://C:\Documents and Settings\ierree\Local Settings\Temn\histc,ric- acn html 1 I/1 zr)nnh Jerree Lewis - Public Hearing Notice DCA20 -00005.doc Page 1 • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SETT FR: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, II ,I IT SHAI J,BE PRO\(PTIN FORWARDED TO THE PURCHASER 0 TIGARD • PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE- THE TIGARD .PLANNING COMMISSION ON MONDAY, NOVEMBER 20, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 12, 2006 AT 7:30 PM. THE PUBLIC HEARINGS \\IIJ. BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Atin:Sean Farrelly 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following,is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use"category; 2. Chapter 18.330 CONDITIONAL USI : Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add pa use category for "Historic Place Meetings and Events" as a conditional use on properties that }iaye a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts;and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal I. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE\V1T1-1 THE RL LES OF (;FL\PTER 18.390.060.E OF THE COMMUNITY DE\'FLOP.\IENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL.AND AVAILABLE. AT CITY HALL. • Jerree Lewis- Public Hearing Notice D006-00005.doc Page 2 ASSISTIVE LISTENING DEVICES ARE A\'AILABLE FOR PERSONS \\7TH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE\\'EEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO scan@ci.tigard.or.us. Jerree Lewis- DCA 2006-00005 language." • Page 1 Exhibit A City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE • Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones • ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: • • Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types . 9.Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. • b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number ofpersons attending a meeting or event: The maximum number ofpersons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number ofpersons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting:No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. • g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 Jerree Lewis - DCA 2006-00005 Iangua1oc Page 2 • through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on-street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the • approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. L The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions . E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. - • Chapter 18.510 RESIDENTIAL ZONING DISTRICTS • (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) TABLE 18.510.1 USE TABLE USE CATEGORY RR=1 R-2 R-3.5 R-4.5 R_7 R-12 R-25 R=40 RESIDENTIAL • Jerree.Lewis- DCA 2006-00005 languages • Page 3 Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R' R' R' R' R' R' R2 R= HOUSING TYPES Single Units,Attached N N N R8 R°/C P P P Single Units, Detached P P P P P P P P Accessory Units R' R3 R' R' R3 R3 R3 R3 Duplexes N N C C - P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C C' C C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P/C' P/C' P/C' P/C' P/C' P/C' P/C' P/C' Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N • - Animal-Related N N N N N N N N TABLE 18310.1 (CON'T) Jerree Lewis - DCA 2006-00005 langua'lloc Page 4 USE CATEGORY R_1 R-2 R-3.5 R-4.5 RR=7 R-12 R-25 R-40 Historic Place Meetings and Events C'1 C'1 C11 C'1 C" C'1 C' C'1 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N C10 C'' C'0 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N _ N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N . N N Wireless Communication Facilities P/R' P/R7 P/R7 P/R7 P/R7 P/R' P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted . 'Group living with live or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 'Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 'Except water and storm and sanitary sewers, which are allowed by right. 'In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 'When an agricultural use is adjacent to a residential use, no poultry or livestock,other than normal household pets. may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798. Wireless Communication Facilities, for requirements for permitted and restricted facilities. 'Attached single-family units permitted only as part of an approved planned development. JerFee Lewis DCA 2006-00005 language.d • Page 5 "Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 'Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-tloor level of multi-family projects, not to exceed 10% of total gross square feet of the building. "Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. .1. ..... L.:. . . . 'fa. ei . , . . ' •t"'.; ' •. . .: I I ... _ .,•ss..% , P i I , o* —11,4r .-40 • , . : . . . i 1 • .,.,-4, ....,,. . •,,,,,...........1 i ..., .4 . ; , • : . ._ .s. .. . .•*.kt.I , . ' •,- • ,. I „ ... ft.._ ' ,• . ••../'''',;.11. : • ...... ,. ., . ••,,,,„ , , .....si" • P -N.i.r. ■tw,T70,... , . 9.•..t.', • . • e . 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A ***Ir..'r,'. .r•...,..fr ...,A '•• ti,{ r. •• 'r ,..A. , I ri r.,. .1. r!..• ,. b • ..';',..; .. . ,. 1.i... ''.jr Llt.r' ,..,..-7 • .....#; •,'- ,• .„.., . ,,,,,A; ••f.' e • ..: '4.r..,-Ay-' 1 .• .., it...,-!.••# ...-1,.. .,-;--"'•::,- .....•• ., ......., • .,• /II-• 411 411110* r. ■ .814 44 °II lir g •'•' . AO OP t a$P. • ...:....., AP 4. .) Laj r P M a if '; •'':' ' . ...'-. • t •-t :. ; a • _ et • 11. 4 0. t". • ;•:.t: 4 '•• '•• • " .. .:. .., • ..... ..•—•,...;4 ,. _ .. . .•. „. . k ,•,•:`,....,i: ,.•••::. ...., ., t.. ,.. ... .... Jeriee Lewis goal5.pdf • • Page 1 Oregon's Statewide Planning Goals & Guidelines GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES OAR 660-015-0000(5) (Please Note: Amendments Effective 08/30/96) To protect natural resources and current inventories of the following conserve scenic and historic areas resources: • and open spaces. a.Historic Resources; Local governments shall adopt b.Open Space; programs that will protect natural c. Scenic Views and Sites. resources and conserve scenic, historic, and open space resources for present Following procedures,standards, and future generations.These and definitions contained in commission resources promote a healthy rules, local governments shall environment and natural landscape that determine significant sites for contributes to Oregon's livability_ inventoried resources and develop programs to achieve the goal. The following resources shall be inventoried: GUIDELINES FOR GOAL 5 a.Riparian corridors,including water and riparian areas and fish A. PLANNING habitat; 1.The need for open space in b. Wetlands; the planning area should be c. Wildlife Habitat; determined,and standards developed d. Federal Wild and Scenic for the amount,distribution, and type of Rivers; open space. e.State Scenic Waterways; 2.Criteria should be developed f. Groundwater Resources; and utilized to determine what uses are g.Approved Oregon Recreation consistent with open space values and Trails; to evaluate the effect of converting open h.Natural Areas; space lands to inconsistent uses.The i. Wilderness Areas; maintenance and development of open • j.Mineral and Aggregate space in urban areas should be Resources; encouraged. k. Energy sources; 3. Natural resources and I. Cultural areas. required sites for the generation of energy(i.e. natural gas, oil,coal, hydro, Local governments and state geothermal,uranium, solar and others) agencies are encouraged to maintain should be conserved and protected: 1 Jerree Lewis - goal5.pdf • ?age 2 reservoir sites should be identified and 3.The efficient consumption of protected against irreversible loss. energy should be considered when 4. Plans providing for open utilizing natural resources. space,scenic and historic areas and 4. Fish and wildlife areas and natural resources should consider as a habitats should be protected and major determinant the carrying capacity managed in accordance with the of the air, land and water resources of Oregon Wildlife Commission's fish and the planning area.The land wildlife management plans. conservation and development actions 5.Stream flow and water levels provided for by such plans should not should be protected and managed at a exceed the carrying capacity of such level adequate for fish, wildlife, pollution resources. abatement, recreation,aesthetics and 5.The National Register of agriculture. Historic Places and the 6.Significant natural areas that recommendations of the State Advisory are historically, ecologically or Committee on Historic Preservation scientifically unique,outstanding or should be utilized in designating historic important, including those identified by sites. the State Natural Area Preserves 6. In conjunction with the Advisory Committee, should be inventory of mineral and aggregate inventoried and evaluated. Plans should resources, sites for removal and provide for the preservation of natural processing of such resources should be areas consistent with an inventory of identified and protected. scientific, educational, ecological, and 7.As a general rule, plans should recreational needs for significant natural prohibit outdoor advertising signs areas. except in commercial or industrial 7. Local, regional and state zones.Plans should not provide for the governments should be encouragedto reclassification of land for the purpose investigate and utilize fee acquisition, of accommodating an outdoor easements,cluster developments, • advertising sign. The term "outdoor preferential assessment,development advertising sign" has the meaning set rights acquisition and similar techniques forth in ORS 377.710(23). to implement this goal. 8.State and federal agencies B. IMPLEMENTATION should devebp statewide natural 1. Development should be resource,open space,scenic and planned and directed so as to conserve historic area plans and provide the needed amount of open space. technical assistance to local and 2.The conservation of both regional agencies.State and federal renewable and non-renewable natural plans should be reviewed and resources and physical limitations of the coordinated with local and regional land should be used as the basis for plans. determining the quantity, quality, 9.Areas identified as having location,rate and type of growth in the non-renewable mineral and aggregate planning area. resources should be planned for interim, 2 Jerree Lewis goal5.pdf • Page 3 transitional and "second use"utilization as well as for the primary use. • 3 1' ■r- l ..> y• :;j ;. • 3 l • . if I p. v1. 111Mt / ■ ., .p E 4. ,' t,3,,�`, X`s • • • e i llW • 4' . . ... ;..i...7'.- ia-rt I"- '''40 i , i..r• .1' :•'; 1111 't• r ` • N • i ti, ! ;1,t, . . .: A .:-.%ytty tim 4, 3.„ .. . ,....• I . .• 0.v.,. ir I. •■ k...";5 ...... i•:•••• ... 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',- : •,';•.::•:!:::).....i Mt I • ::<,:iit:.•' * . 4. 0 In*, ...,4 f 4......I. • ,..041 ,4,,..,„„-- ,....:1 ......,-/i•-flk.°...ta.1.1.a,";:;,,41:..ii.i.i.7);:i...11 .....i?...a.,.°102..„:„-,s2 t'IT'4.4411,1.41.4"1.....1.4 .1.4a,........1....L.I.'. • i*, Fla .."..7.".. ....4...4.1kwa! .. a.• k....• i.i. ii. . , .. . „.:....a • . • . . : . • • .•, ,.....„: - „:::::. , 1 ., :. .. ..: •,4„ 1 faESIGNATED HISTORICAL SITES 0 s .4.‘-,...77- 1.7 8.. • •P°• . . ,, ,:, 1'',... :...44e k'• 111K4 f i.... Alf.„,1..0.,1,.. ,••:%,,,,,.., .. ‘ , , • t■ * - I •t 1 . .. AL 1 .: ::....:7a:.1.:::ri'::I ........:::,::-;:41.11.,, 1• D.drittfarni.Eris,e,ftIrdin.. t:a(8:.:444,School, 8040 S. W.. ..D..u....rtit.a411.:FR4...d.., ,,,Rtit...„ ,4,14....i . ,o.t.o.i‘..,:8„.4 0111 . ..„.....ii t:, , .1.1r7 •444-4•411t .......1' 4. : ::„R .8,._. :8 F•••••844 d.d., :::::...:•444t... 4... t,„...,4•.:f4-and: t...-i 11......, d•••••,4••••4•44,-.4. . AL. , . • _I. *4 _ , - •:„ il 11:,',",;,..."•• ', --•„,-40,.•< 1,,ic......-.3eir.......;,, -.1.:..r....1........-. 4 • tr.r.retV....rrr.r...r.; ..‘ ... .... .....':i'..174.i.i.::";:...1....iel .,..'.'t.4.m. . 1...rt`rvilk., ,'Ilr9. '.< .-....::;ra. 14:1,1:::•;.....::::.:"..;:ei I Ye-Olde Winciniiii, 121st St, and Katheritte St, I:108 -' 4 84.4•41)* ilitli..!...Iti:8t11 t. Ft:to., d, it. •:.: I 14'4•8*. 14'144.......1"i."&*F"FL :F.t":1.: , . - dst----itt•Ftn .4„..84tis dt, ....1 F....41:41.1.0; . .4.i4I.1*:4'4, -... 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Tigard Hotise, 11180 SW Fonner St, . i,..„ -•s, ,..- 1,- , *, ,,; , \IF.:4:. DI.,:•:-.-,.:,...)it...tit k.......8: .1 4.1.Ft . . ,......„,..1 d„...,.,., .....,(•: ::r r I e Li t....1*.e (r. h a r c t:::*Y.; ,lat A's: i -4. . r' 4. ... .4::.i.ilwri i..::......,:n...•...t8.1(820 ,r) 1(...)09. 0,,!.. f'.•:**, '..41':',.`....= .=.....(''''-)..;'_';`,..:'..;.*::-.).:...,:i,',.;:,."‘,.--::::17,08es.. .. i'...I••i..,,''.1 (.....'1 • '•'9 : v,i.1..1,........i. i•. r,.....:1,-,,-(1, 1.1**.....,, 5 q..?‘,.(„,,f,)',',n„ cf.,„:',:i ...,.,; I 1.:1•31••CI !..,!....::c.:1 I 1,4:„....:::„..,K,..(.4-: ,..........,,,, \.,....: :I., (....."(., .;?,.I. m • ,......-..:in c•-•,.....;::.h..., :•.)::::.i.:.... i•:,...•.,. to., .4- • i ..' . . : 44v i , ..„ .... ..... „ ..t: .„. :.• !..... ......: ...,....„....,. f.......•. •.,..,...„:::,, . • ••• .••••• i",;;;•;;;If;;;;[ • °;;01°"11."1:::1'...• •• :•"••••;=• :::;:t°';';;;';;;;;;;; 94*; M; "*"" 104,,, ; • • "• •*ty,tiv:,, • Tigard Frormiderise odd W111011101 10525 SW Tigard St, rar.... 17: • •.• , "::"...":":*• t;I°CI "...".:3";) 44 .4 fOt •44.1ji,„ 7* f'•1•I•':**/ tk't•-tt';*- joy Ttreata: r, 11959 SW Pacific: Hwy,. rrrarrada...r.ra araar • ' 1***, I 1"1.. .7' 1:r)t.' I '*• °':** ° I., •; .• I I" "tr t•"".°•••i•i.r.4 i •4•1 :•• • • • Tigarr.1 Granger 0.1.4.8., 13770 SW Pacific Hwsoi. • • •• tr • •., ,•• ••••'; .••• m * .4 4,6.. - • • '1• i'i'iaiia,. **•:*iesit..4 Sr!verr Gables Upshavv House, 98‘.....)0 SW Peppertree Lane I 0 ' • I • " r.:".,:ec.1 Yr.!' — • • r : • .Sciarl Tigard Horisep 10310 SW Casteriltrry grr. •i•iiii..••••••:•:11'41•••••••1/4dIri••• , . . . .::: : :,:: :.. .. ..: : I :„....,,.• • ., ,••• ....'*. f '• ' ..' .... . • .. :„.. ....„...,.:.. ,....; ek....,.....„1 TV......kil.....1 '.7dt.t..-...);11:.;:i......•...;.1.....„1' Or: ;;i1....:;;;,...„....'. „....., ... ; '-....,11;i:;'.1-....1' 1.1,`'1.;''''''• .1.;'.......:::-",.......,...;....,..... ,.....:;.;f: I I.C7a1.C1Viiie i'..in":.2i.:....-:;;2;',-..1;...„91....,t-. in il;;,:„. 71i4::,..-.4';',.:::;..,;,..:5•,.. , .'`*.'":*• •' ''..1' 4.4.t7":;.*: • .1. 11(....)use, 11333 Gziarcie St< ..l'ilV,4*:" .:** • . . , . ....... - • ,.... ., ks:•r•ii"...:!) '....,11•-•-,-...' 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I ,....;,:.,..;;;;;;;;;.........1'....t 1,......'n .`.."....':•1; 1::.:;(;;;;;;T:.,s't.;;;;',;_;(..].....,1 ;;;:ji,;;:„;trif.;:.;;t„....31...1.**-1,;;;;;;;1-(--',':::,;;.:;;(;,;:;;;;;;;': .;;;;;;...t,,...,:i 4....)r-i t T),.....f. ! - ; 1 ;;;;;.;;;;;,;iii;.;:i1;1(;;;Jr,....:;....t2...:;:::..... i...,.r.I.;...:.. ;;;;,;..L.,......trn....::::::.:t.f..21. z;;;..1:.;........;....4_.-7.'111.:;.-j"1. ;.u.. ...' .; •••• ., ::',;:p.. Lb. I , „..„_„..... ........._ „ ... • . , .... ,,,,. . : . . :... .,, , .., .... „, . .. . . . . • .... • .. . • • . . ,.. i ...:. .. .,.. .• . . : .... ., .,.... „..I.; :....,. , 1,_.„..2...,.., . .•.. ... .. IJ reki • • ;1 / City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use: Activities including meetings, charitable fund raising. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. The property must be publicly owned, or owned and operated by a registered non-profit historical association. b. Yearly maximum number of events: A maximum of 12 historical related events, meetings, or fund-raisers may be held per year, provided that not more than one event occurs in any month. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 9 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f. Screening: All areas used for meetings or events shall be screened visually from all adjacent properties with a solid 6-8 foot hedge, wall, or fence. g. Sound systems: Outdoor and indoor amplified sound systems for the meetings or events shall not be permitted. Entertainment is prohibited outdoors at these events or meetings. Entertainment as a part of any commercial use[s] involving fund-raising or compensation is prohibited at the events. • , • • 7 Cary and Benton Holzwarth 9240 SW Millen Dr. . Tigard,OR Dear Members of the Tigard Planning Commission and Tigard City Council: We are writing today in regard.to the hearing to be held affecting the Historic Overlay. Conditional Use Code Amendment that is before the Tigard Planning Commission and the Tigard City Council. My husband mull are homeowners at 9240 S.W.Millen Dr. Our property shares a fence-line with the Quello's,one of the historic properties that would benefit from this amendment The concrete pad the Quello's poured for their tent is about 15 feet from the property line between our yards and less than about 50 feet from our back door. Conversations,music and DJ announcements all carry over well into our yard. When_we're ready to turn.in early with the rear windows open on a summer evening,how late will we have to listen to his party revelers before we can get to sleep? Ucewise,we would assume our dog barking,lawn mowing and other noise would carry over to his yard. Dan may be expecting it;it may be.his guests that are caught off guard with the noise of Our activities. The first time that this conditional use amendment was considered,Mr.QueU6 used the Tigard High School parking adjacent to the soccer and football fields,directly across from his home. School activities and the use of that parking have grown steadily over the years. I don't know how he would be able to provide convenient parting for-the pests that would he altitntling his functions. You might check with the police department as to how many tickets-they've written for illegal parking this season. Knowing that only a small fraction of violators are actually ticketed;you Might have some appreciation for how saturated the street parking already-is*aIF through the spring,summer and fall seasons. With the steady stream of cars rolling.up-and down 92".4 heading in Cook park or trolling for spaces,_italready take.s as much as.a.couple_minutes patient waiting before we can find a gap to enter 92 from Millen. Mean see the attached photos for as'typical Saturday afternoon' on Millen.Dr.adjacent to nix',and views to the,left and right on_92nd from the corner-of Two more problem.to consider are**Ira*(corks.and_bottles).that.were Uttered_around_th.e neighborhood following his previous events,and the risks-created by drivers who have been drinking. We knew when we moved-here-thatthere would-be football games;soccer Saturdays and- community activities at Cook_Rark.. There.are already ekough_of strange people in.our neighborheod,clo.we need additional-cars and people added to what we already need to contend . with? We feel his chosen business is simply not compatible with a residential neighborhood. We think the sort of operation he intends really needs to be held in a,more rural location or he needs to provide more buffer space between his neighbors and his guests. We recognize that this property would be a beautiful setting for aparty or a wedding,but asking the surrounding neighborhood to subsidize him through our loss of utility,after already subsidizing him through.his tag-rate freeze,does not seem fair or at the very least neighborly. We urge you to vote against this code amendment oct-- \\IT 1 r ñl • I - „.. ,.., tt t itt, ttt t..tttt' In • • .... • •, !....,,a gr •. • ,.• ,, .$1.,,-,4.!•;; ;e: , i .,.!:4..-2.......1.';.„...!li. ..i.:. f...','f.,:".....1; . . .. . . 'II- '1.:.....17.•'''•••;'•',..'....;•..•:.•' ..; .. .. 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Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically,the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew,we decided as a neighborhood to be respectful and to not use our back yards during those times. However,when he added weddings for pay and without any business license or consultation with the city,we changed our minds. There were weddings on both Saturday and Sunday,both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later.As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations.Additionally,the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings,the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr.Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property,the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings,he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities,that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard.Allowing impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However,these activities are public events or school activities,not private-for-profit events. If I am bothered by the drummers practicing under the stadium,using it like a performance shell so it sounds like they are in my living room,or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight,I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door,he has behaved as if the noise is okay. Mr.Quello has threatened several times to sell and rezone his property for apartments. Apparently again,he feels he does not need to go through channels with the city but responds only if neighbors complain. The neighbors on the West side of his property stated he has poured concrete slabs for cottages,again without a permit. His property should be inspected. • s It is the house,not the property itself that is listed in the historic register. He has some parking available on his own property. A bed and breakfast would be a suitable use with requirements for noise,parking onsite,etc. I would support no outside activities except those that would be common for any home as long as there was a limit on the number attending such as max of 10 at an outdoor barbeque and that all participants park on the Quello property. I would not support any activities that are predominantly outside. The weddings happen only because he is an ordained minister,he has to officiate. This also is contrary to most other historic homes used for weddings,the pastor is usually an outside party and not affiliated with the owners of the location. I recognize that sustaining a historic home is not without financial risk. However,this should have been considered when they bought the home. They should not be allowed to impact at least 10 other property owners due to their own financial problems. Please see a property map attached in which I have written in some locations I have described above. I request that this letter be admitted as testimony in this matter. Thank you for your review of the above facts. trust that decisions will be made to keep our neighborhood livable and that Mr. Quello's activities will not impact the usability or resale value of our homes. 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Butler, neighbor Pa e 1 From: "Karen Butler" <klb1802 @msn.com> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov>, <craigd @tigard- or.gov>, <nickw @tigard-or.gov>, <sydney @tigard-or.gov>, <tomw @tigard-or.gov>, <sallyh @tigard- or.gov>, "Karen Butler" <klb1802 @msn.com> Date: 11/20/2006 2:46:46 AM Subject: Re: Historic Property uses, especially"Quello House"from Karen L. Butler, neighbor November 20, 2006. Correction to the below letter. The wedding of 2002 was on the the Quello daughters. The dates below should be years 1999 and 2000, not 2002 and 2003 respectively. Please refer to the minutes of the previous hearings. I have a time conflict with another meeting tonight and I will not be attending the planning commission hearing. I hope you recommend against using the outside grounds of historical properties for any activity that produces noise, increased visitor traffic or otherwise impacts the livability of the neighborhood. —Original Message -- From: Karen Butler<mailto:klb1802 @msn.com> To: dick @tigard-or.gov<mailto:dick @tigard-or.gov> ; sean@ tigard-or.gov<mailto:sean @tigard-or.gov> ; tomc@ tigard-or.gov<mailto:tomc @tigard-or.gov> ; craigd @tigard-or.gov<mailto:craigd @tigard-or.gov> ; nickw@ tigard-or.gov<mailto:nickw @tigard-or.gov> ; sydney@ tigard-or.gov<mailto:sydney @tigard-or.gov> ; tomw@ tigard-or.gov<mailto:tomw @tigard-or.gov> ; sallyh@ tigard-or.gov<mailto:sallyh @tigard-or.gov> Sent: Sunday, October 29, 2006 8:22 AM Subject: Historic Property uses, especially"Quello House"from Karen L. Butler, neighbor October 29, 2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr. and Mrs. Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically, the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew,we decided as a neighborhood to be respectful and to not use our back yards during those times. However, when he added weddings for pay and without any business license or consultation with the city, we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later. As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally, the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings, the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr. Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property, • • October 25, 2006 Honorable Mayor Craig Dirksen, and Tigard City Council Tigard City Hall 13215 SW Hall Blvd Tigard, OR 97223 Honorable Mayor, An article in the Tigard Times on August 24, 2006 alerted me and my wife to the fact that the Rev. and Mrs. Quello were again attempting to gain approval from the City to allow weddings and other public events on their historic property. Since we are going to be out of the country during the month of November, we wanted to make sure that we had the opportunity to go on record publicly in opposition to any changes in the code that might allow the commercial use of this property for weddings and other commercial outdoor events. Almost all of the neighbors who opposed their 2000 request to allow weddings still live in the neighborhood. We remember all too well how in one summer in the late 1990's there were a couple weddings, and then at least one almost every weekend the following summer. Fridays or Saturday mornings would bring a rehearsal with the testing of the mikes, etc. Later in the day we were treated to the wedding march (usually Pachelbel's Canon in D) over the loudspeakers. After the vows came the soloist followed by the rumble of a large crowd before the D.J. music went on into the night. Only after the fact did the City Council consider these issues. We were given assurances around this time by Rev. Quello that we should not be concerned because the weddings"would only take place on about 14 weekend days during the summer." These are the same weekends that the neighbors work or relax in their own backyards. Yet on one occasion early in that season the Rev. Quello approached a neighbor who was mowing his lawn and asked him if he would wait until later to do this weekend chore so it would not interfere with the wedding. Although he was concerned that we not disturb the weddings, around that same time he installed a concrete pad and a tent for receptions near the North side of their property line just a few feet from the property line of their neighbors. Further, even though there is some distance between the Quello house and the homes to the rear of their property, sounds reverberate to the West and down the creek because of the slight gully created by the marshy area and creek behind their property. The weddings impacted the whole neighborhood. • 410 The Quello's have approached the neighbors at times when they thought it might help their cause, and have neglected to inform us on others. On September 16th of this year, I was working in my backyard when I heard the same wedding routine being repeated. I had no warning that this would happen. Granted that the activities were not as "in your face" as before, I still had to refrain from some of the activities I had intended so I would not interfere with the sacred event taking place nearby. We were frustrated to have to learn about the possibility of further events like this from the newspaper. We know that there are always public hearings and opportunity for community input. However, we were concerned because Mr. Coffee's comments in the paper made it seem like the process was already rolling without any notification to the affected citizens. We are pleased that the Quello's decided to restore a decaying property and create a jewel for the community. My wife and I believe that a commercial use of the property that does not involve groups of people outside could be made compatible with the residential nature of the neighborhood. Like we have, many of our neighbors have lived in this neighborhood since the mid 1980's. We have witnessed the growth in the area. We are now routinely challenged by the resulting increase of traffic, noise and lights from the nearby playing fields and the Cook Park balloon festival and other events. In the same way that my barking dog or my lawn mower would interfere with an outdoor event on their property, their outdoor events and celebrations have a history of significantly negatively impacting their neighbors. We believe the code was written with situations like this in mind. During the request in 2000 to amend the code for historic properties, the City Council agreed that the requested outdoor uses were incompatible with a residential neighborhood. We believe they remain incompatible. Sincerely, Don and Barbara Manghelli 16415 SW 93`d Ave Tigard, OR 97224 f,Sean Farrelly-.Quello House Page 1 / From: "Miller, Lesli" <Imiller @jesuitportland.org> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov> Date: 10/4/2006 11:00:02 AM Subject: Quello House Hi there! I don't know if my input will be too late, but I did want to submit something. I live on SW 93rd. Basically my neighbors across the street's backyard backs up the the Quello house. • I have mixed emotions about this whole thing. While I do understand the concerns of my fellow neighbors , i.e parking issues, noise, loitering, etc. I also know that it is no different then what we all deal with at a Friday night Football game, Graduation, Fourth of July or the Balloon Festival. So I don't understand why this would be any different. Maybe because it might be several times in a year, who knows. I have had the opportunity to meet the Quellos and my four-year old daughter loves their horse. They have the right to operate a business out of their home, don't they? But in the same sense, we as neighbors also have a right to enjoy our evenings at home without hearing somebody's wedding toast. I don't envy your jobs Lesli R. Miller Campus Receptionist Volunteer Coordinator • • l City of Tigard Engineering � County of Washington (._/� `" G State of Oregon Mr. Duenas: For two years I have been requesting of the City if Tigard to reduce the speed limit from the current speed of 35 mph.to a speed of 20 mph. Appropriately the speed between 7a.m. and 5p.m.Monday thru Friday is 20mph. FACT: This Street is only 3 blocks long FACT: The entire east side of those 3 blocks is Tigard high school FACT: Those same 3 blocks have what appear to be 130 illegal dangerous parking spots that require the driver to back blindly onto the road. , FACT: The west side of the street has 14 residential driveways. FACT: The end of the 3 blocks is the entrance to Cook Park where the posted speed is 15mph If someone will check the record to see the combined activities of: 1. The use of the fields by the actual high school students,Football,Baseball, Soccer etc. 2. The renting out of the fields ALL NI'fE AND ALL WEEKEND! 3. The extensive use of the fields in Cook Park ALL MTh AND ALL WEEKEND 4. The community events i.e. Balloon festival, Chinook Soccer championships etc. They would see that there are more bodies and cars in the evening and weekends than there are most days. Any one attending these events can't even find parking!!! Check with the Tigard police and see how many tickets they have f� d r parking violations! Most people are either elderly (watching their grandchildren) or small children watching brothers and sisters. ANYONE DRIVING 35 MPH SHOULD BE PUT IN JAIL!!! And yet it is the posted speed. Why is this accident waiting to happen? Where are our moral responsibilities to the community? Does one of our loved one need to be killed before someone applies common sense to this situation? Awaiting your response: Mark Walker Citizen and father q7(- 3-63 - 7 IA-S r 4111 1 Hello neighbor, Tigard's City Council is considering amending city code that will affect all historic property in Tigard, allowing private events to be held at each. There will be a public hearing (date to be determined) and a code amendment proposal will be put forth. There are at least 10 historic properties in Tigard, but changes would only pertain to 2 or 3. These changes would especially pertain to, and allow events at The Quello House in our neighborhood on SW 92"d Avenue. Code 'language' has not been written and 'conditional use' restrictions have not been defined, but some of the considerations are: • Number of annual events IS 0 M 4 r a'i • • Time limitations • Addressing sound issues . �e `l A)c.u-J• Providing adequate parking •� QY N� / �ve.e All historic properties would have to ac7dres each restriction prior to obtaining a permit once tt6 code change: P Pe 9 Pe n9 go into effect. As a local homeowner you need to make your concerns known every step of the way. You can write your city council members and express your opinions right now, prior to October hearings. Dick Bewersdorff, Planning Manager and Sean Farrelly,Associate Planner have already received some phone calls from concerned neighbors. We have been encouraged to put everything in writing so that they can keep a better record of our opinions. Please contact these people at City Of Tigard Oregon 13125 SW Hall Blvd Tigard, OR 97223 Dick Bewersdorff Sean Farrelly Tom Coffee Planning Manager Associate Planner Community Development 503-718-2432 503-718-2420 Director dick(tiaard-or.00v seanatioard-or.00v 503-718-2443 tomc( titigard-or.gov Council Members are: it\ Mayor Craig Dirksen craiodOtioard-or.gov Councilor Nick Wilson nickwatigard-or.00v N.113 S Councilor Sydney Sherwood s dne v ti ar d-orgov ANS!) Councilor Tom Woodruff tomw(o�tigard-or.00v 0 1 Councilor Sally Harding sallvh(a�tioard-or.gov Thank you for your time, ,: °"' Neighbor Cary Holzwarth, 503-684-2008 SW Millen Drive ds 1 September 27, 2006 : (Lel' \IN4 • 'G✓ • a"^ c) s'� l !� GC "P Ararse, c ,2ec a ooc GazeVe a17� , 7,211 o7E;Cec December 12,2006 d Tigard City Council 13125 SW Hall Boulevard Tigard,Oregon 97223 Dear Tigard City Council Members: i-Craig Dirksen Sally Harding Sydney Sherwood Nick Wilson Tom Woodruff There are six reasons to vote NO on DCA 2006-00005 to deny Conditional Use. 1. Conditional Use gives unfair advantage to one property owner over others. The residential voice at the November 2006 planning meeting was strong that Conditional Use is adverse to residential use. Conditional Use events infringe on the normal use of nearby properties with noise, traffic and litter. Conditional Use for one property unfairly dominates the livability of many properties. 2. A"Conditional Use Test"was tried at the Shaver-Bilyeu property for three years and failed to provide for the interests of the public. Public testimony before the City Council in 2000 and again before the Planning Commission in November 2006 highlighted that three years of "test"events at the Shaver-Bilyeu property clearly disrupted the home life of neighboring properties. To vote for Conditional Use knowing that it disrupts livability of neighboring properties could be construed as special interest. 3. Conditional Use is a sleeping dog. A school,a stadium and a park are visible when choosing a home. As the community grows, increased use of these public spaces is expected. Moving into a home and discovering that large parties up to 200 occur every summer weekend is a home buyer nightmare. Property use that appears normal,yet impacts neighboring property when summer arrives is a sleeping dog that bites neighborhood desirability. 4. The current State of Oregon historical tax relief program has not been proven insufficient. No restoration/maintenance budget has been submitted that demonstrates costs exceed current tax relief based on market value. For example, according to Washington County,the Quellos have been receiving special tax treatment since 1994 for the Shaver-Bilyeu House. Comparing market value to taxable value, the market value is$790,970 yet,the frozen taxable value is only$166,060. This 15 year potentially renewable tax relief is significant. It appears excessive and somewhat special interest to add an additional compensation program when the current program has not been proven insufficient. 5. Historical property requiring Conditional Use to pay for costs fails to show a need. Reasonable investment in maintenance activities is a cost that all homeowners accept. Maintenance of a home,especially a large home on large property with a garden,can be expensive and is an assumed investment responsibility. Excessive historical costs have yet to be shown. Allowing Conditional Use for profit to meet a need that has not been clearly demonstrated appears as special interest. 6. Lastly, Conditional Use profits are not required to be reinvested. No provision requires Conditional Use profits to be reinvested in the historic properties. The proposed code change fails to ensure that historic properties actually benefit from Conditional Use profits. For theses six reasons, I respectfully request that you vote NO on DCA 2006-00005. Sincerely, Cheryl Cappelli Historic Site Site Characteristics On-street parking Potential Potential: Potential: up to Off-street parking up to 40 200 attendees attendees 1. Durham Developed with school No Yes Elementary School and large parking lot. , , Surrounded by industrial 1 ossible I ossible uses 2.John F. Tigard Small house, used as a No Church parking lot House museum, lot owned by across the street Possible Possible Water District 3. "Ye-Olde" Windmill is only structure No No • Windmill , lot is a .13 acre park Unlikely Unlikely 4. Charles F. Tigard 3000 square ft. house on No On-site? Possible Possible House 1.5 acre lot 5. Tigard Farmhouse 2600 square ft. house on No No Possible Unlikely and Windmill /z acre lot 6. Seven Gables 2500 square ft. house on No No , Upshaw House '/z acre lot l ossible Unlikely 7. Gaarde House 2900 square ft. house on No No 1, 1/4 acre lot ossible Unlikely 8. Shaver-Bilyeu 3600 square ft. house on 2 Limited On-site and high House acre lot school across the Possible Possible street Revised table: Historic Sites in Residential Zones • Sean Farrelly- Re:,Historic Property uses, especially"Quello House"from Karen L. Butler, neighbor Page 1 • • From: "Karen Butler" <klb1802 @msn.com> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov>, <craigd @tigard- or.gov>, <nickw @tigard-or.gov>, <sydney @tigard-or.gov>, <tomw @tigard-or.gov>, <sallyh @tigard- or.gov>, "Karen Butler" <klb1802 @msn.com> Date: 11/20/2006 2:46:46 AM Subject: Re: Historic Property uses, especially"Quello House" from Karen L. Butler, neighbor November 20, 2006. Correction to the below letter. The wedding of 2002 was on the the Quello daughters. The dates below should be years 1999 and 2000, not 2002 and 2003 respectively. Please refer to the minutes of the previous hearings. I have a time conflict with another meeting tonight and I will not be attending the planning commission hearing. I hope you recommend against using the outside grounds of historical properties for any activity that produces noise, increased visitor traffic or otherwise impacts the livability of the neighborhood. Original Message From: Karen Butler<mailto:klb1802 @msn.com> To: dick@ tigard-or.gov<mailto:dick @tigard-or.gov> ; sean@ tigard-or.gov<mailto:sean @tigard-or.gov> ; tomc@ tigard-or.gov<mailto:tomc @tigard-or.gov> ; craigd@ tigard-or.gov<mailto:craigd @tigard-or.gov> ; nickw@ tigard-or.gov<mailto:nickw @tigard-or.gov> ; sydney@ tigard-or.gov<mailto:sydney @tigard-or.gov> ; tomw@ tigard-or.gov<mailto:tomw @tigard-or.gov> ; sallyh@ tigard-or.gov<mailto:sallyh @tigard-or.gov> Sent: Sunday, October 29, 2006 8:22 AM Subject: Historic Property uses, especially"Quello House"from Karen L. Butler, neighbor October 29, 2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr. and Mrs. Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically, the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew, we decided as a neighborhood to be respectful and to not use our back yards during those times. However, when he added weddings for pay and without any business license or consultation with the city, we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later. As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally, the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings, the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr. Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property, Sean Farrelly- Re: Historic Property use specially"Quello House"from Karen L. B '+er, neighbor_ Page 2 the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings, he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities, that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard. Impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However, these activities are public events or school activities, not private-for-profit events. If I am bothered by the drummers practicing under the stadium, using it like a performance shell so it sounds like they are in my living room, or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight, I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door, he has behaved as if the noise is okay. Mr. Quello has threatened several times to sell and rezone his property for apartments. Apparently again, he feels he does not need to go through channels with the city but responds only if neighbors complain. The neighbors on the West side of his property stated he has poured concrete slabs for cottages, again without a permit. His property should be inspected. It is the house, not the property itself that is listed in the historic register. He has some parking available on his own property. A bed and breakfast would be a suitable use with requirements for noise, parking onsite, etc. I would support no outside activities except those that would be common for any home as long as there was a limit on the number attending such as max of 10 at an outdoor barbeque and that all participants park on the Quello property. I would not support any activities that are predominantly outside. The weddings happen only because he is an ordained minister, he has to officiate. This also is contrary to most other historic homes used for weddings, the pastor is usually an outside party and not affiliated with the owners of the location. I recognize that sustaining a historic home is not without financial risk. However, this should have been considered when they bought the home. They should not be allowed to impact at least 10 other property owners due to their own financial problems. Please see a property map attached in which I have written in some locations I have described above. I request that this letter be admitted as testimony in this matter. Thank you for your review of the above facts. I trust that decisions will be made to keep our neighborhood livable and that Mr. Quello's activities will not impact the usability or resale value of our homes. Sincerely, Karen L. Butler 9220 SW Millen Dr. Tigard, OR 97224 971-506-6118 45 Reasono Reject the Development Code Amendment (historic overlays - DCA 2006-00005) 12/12/06: 1. Constitutes an improper government handout initiated for one property owner's personal monetary benefit. 2. Negatively affects all residential zones in city; may harm livability + property values. 3. Process flawed: misrepresentations made in 8/15/06 Agenda, Minutes, and by Mr. Quello at that city council meeting (r.e. "Quello House"). "Shaver-Bilyeu House" historic site never mentioned or noted. Confuses, misleads public. • 4. Process flawed: The Public Hearing Notice does not properly inform the recipients that one of these sites is in their neighborhood and that they may be directly impacted by the land-use decision. Specifically, the Public Hearing Notice does not disclose the street address of any property affected by the zoning. The Public Hearing Notice does not even disclose where one can find this information posted. The Public Hearing Notice does not reveal major details of the proposal which any reasonable person would want to know (e.g. "commercial uses"). All of these facts are contrary to prevailing Oregon statutes. [Reference to: ORS 197.763(3)(a), 197.763(3)(c), and ONRC v. City of Oregon City, 29 OR LUBA 90,97 (1995).] 5. City officials' ex parte contacts not divulged in Council Minutes 8/15/06. 6. Introduces new commercial zoning into established residential zones. 7. "Historical overlay" does not fall into normal Development Code. Nobody is going to develop and claim their new building or property is now "historical." 8. Parties, weddings and commercial events for profit are Not bona fide "historical" uses. 9. Only 1 historic site property owner has requested these exclusive privileges. 10. These broad "commercial uses" are NOT appropriate within a residential zone. 11. These MONOPOLISTIC commercial uses are NOT fair to adjacent neighbors. 12. These unlawful commercial uses have constituted verified prohibited noise nuisances in the past, and would constitute such in the future. There is already no current operational monitoring of decibel levels, for enforcement purposes. 13. These commercial uses violate the privacy of neighbors and noise-sensitive units (residences). 14. These commercial uses will generate parking problems in affected neighborhoods. 15. These monopolistic "commercial uses" discriminate against other competing Tigard event producers and related home businesses in residential zones, which are prohibited from the same commercial uses (events) in the same residential zones. 16. There is NO provision for city monitoring of these events 365 days/ year. 17. City of Tigard staff are unavailable on weekends, holidays, and evenings when most events would logically occur. 18. There is no methodology to track that event revenues would be used for maintenance of these historic sites on private properties in residential zones 19. These houses were all built solely for "domestic use," NOT commercial use. 20. None of these "historic overlay" houses comply with 2006 commercial code consistent with standards for public meeting halls, schools, auditoriums, movie theaters. 21. These houses pose a public safety risk for large groups of people. 22. These houses do NOT have appropriate bathroom facilities for large groups of people. Porta-potties are offensive for regular commercial use in residential zones. 23. These houses do NOT have ADA disabled access. 24. The fire marshal anSuilding inspector have NOT inspSd these houses for commercial code compliance, ADA compliance, and fire/safety standards commensurate with a public meeting facility. 25. These properties do NOT have adequate parking for groups of people. 26. There is no requirement for commercial use liability insurance. 27. There is no requirement or monitoring for non-discrimination in leasing, hiring, pricing, and practices. 28. The city should NOT engage in "establishment of religion" for any "historical" site receiving privileges of any kind, or regarding any "commercial uses" at such sites. 29. The John Tigard House is the ONLY appropriate historical site in residential zones suitable for any city-endorsed exclusive uses, because it is publicly owned and maintained, and administered by a public non-profit historical association. 30. Blockbusting residential zones with "commercial use" event facilities would harm the property values of numerous adjacent Tigard property owners. 31. If the City of Tigard harms residential property values through commercial use amendments in residential zones, affected property owners will hold the city and its officials legally and financially liable. 32. The "historic" site houses are too close to neighboring houses in residential zones, for these broad commercial uses. 33. The city planning staff did NOT visit and inspect all these sites. 34. Mr. Quello is already receiving an estimated $5,000 per year property tax reduction. Multiply that by each year he has received a tax reduction! 35. Creating a new perpetual landed gentry with special inequitable commercial monopoly rights in residential zones is un-American and medieval. 36. Mr Quello is not upholding the spirit of "historic" designation, which includes preserving "historic heritage," such as "retain the name historically associated with the building or structure." 37. There is no provision for visual screening from adjacent neighbors. 38. In the future, applications for "historical" designations for more older houses would proliferate and be abused, without guarantees of maintenance using event revenues. 39. The future increase of "historical" property designations with "commercial uses" would harm livability- and property values - in all residential zones in the city. 40. "Entertainment" (including music) is Not mentioned in the proposed code changes. Entertainment (major, indoor, outdoor, adult) are separate "commercial uses." Violates • residential zone uses (all residential zones). 41. "Luncheons" are mentioned, but Not "Eating and Drinking Establishments" as a . "commercial use." Violates residential zone uses. 42. "Meetings" are mentioned, but residential zoning (except R-12, R-25, and R-40) prohibits "social/fraternal clubs/lodges." Violates residential zone uses. 43. Current development code protects residential zoning appropriately. 44. Tigard City Council has rejected Mr. Quello's previous application. 45. Tigard Planning Commission unanimously rejected this proposal. • ti..1 01 Public events at Quell° Houscl, unlikel)r • . ,..1- ,.-_, -.77.4":.4.1„:......:.-.: 8,11.171"..".81".„,,i41,......888888 i . ., .., —. .., • ••• The. 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"..,..L.,.. .....)**''.......'''Fil<1+...........;'.. . ..---:?.7.*: ....‹. •........: : .'.. ' • • .. ... .. • : .. •• • • •• • . . ' • ... .. 1 ,...'.;•.'• *••• 1..•........' 11:4:*.*4. - .'...•'•.. ..............•''..}.7". !....I.:...1...„.....-..1...1*..! •1.......'!..!...I. I.'::'•••••.'.'•.• :.. . ' ' • . • ' • :: . :• '. ' . •.. .:i : .... • .. : .. . „ .V....;:**** g r..........';'.'4, 1 .±t!..:7 -4,..:49 il •• • • : : . : . . ... : .. . _ , :. . , ...• ..:... •: . : : .: - • :: - •: • •• ,......-....,.., c:R 1-y: •• . • • • . • „. • '• ' ' •• • •• • • .. „, . • , ... ' • • C...-.4)1.••4`.....•:r• b...?..t. 1:L.: ." • • .... . ....., •• . ., . „ .• • • • ,•••• .• ..; • ., ; • • . . . . , .. .: . % .. :.. ... Sean Farrelly-Commercial Use of Priv •te,Property Page 11 From: "TED MOORE" <ted.moore @yahoo.com> To: <sean @tigard-or.gov> Date: 11/22/2006 3:20:19 PM Subject: Commercial Use of Private Property Tigard City Council and Tigard Planning Commission. It is unclear to me why you would want to grant commercial use of certain historical private properties when you would not do so for other private properties less than 20 feet away. We live 3 houses away from the old Gaarde House where our streets are already crowded with parked cars. Additional cars would really be unacceptable. I do not think this is an appropriate change for our residential area. Ted & Linda Moore 13870 SW 114th Ave. Tigard, Oregon 97223 Tigard Planning Commission : G .Tit): NOTE: If you would like to speak on this item, please print your name &address on this form. Agenda Item# 5• I Page 1 of Date of Hearing //- 2 0 - O 1.:, Case Number(s) D C.ig (2)-Li b coup Case Name i-h -1-b r i c, CO ejr/ZL et,-de_ i ip,,.744 r,„ � Location C il ; ct e- Please Please PRINT your name, address, and zip code Proponent (for the.proposal): Opponent (against the proposal): Name: . t/ Name: Gr+E---'74r GA-POEw/ Address: L &-i-t4 5 S-v ck Z Address: /('diiv S.— S(i✓ 93`- /fie City, State, Zip: -fit 1,,—cQ‘ cO.N, --(�- , City,State, Zip: 7 7 O c . %it l.-- Name: a. L,tQ_, 101 (Le_1 6 c ,,t,/ r Name: � + Vl�� � ��. � , 2 Address: l(�i-(c(rj ���`�� Address: I 2' S S � /14 - Ct o� o 571)-3 City, State, Zip: '�1 t � City, State, Zip: �(c, llrj!' 1� Name: 0, Rot4 Y SO / ,4,./ Name: 5 kady,©r‘., w l,vl Address: 3 3 5 • co v(b�' Address: 112 S '1,d /� C l- 13 City, State, Zip: ' ,9 �,A G� 9'7 '�-)- City, State, Zip: Tc) rilr'1� R 6/ )\z3 Name: Name: ()Iwo I h 1/S. CO 7 Address: Address: 9�- �'(� S lX� l I' C i t y, State, Zip: City, State, Zip: 1 fel'h ,( T72L ' Name: Name: Lal GCI.`\ ,‘O V Address: Address: I 6 J s� 1 ktit JJ City, State, Zip: City, State, ZipIrWakt1 OK et r:Iti • • 1111 "I , 4 Tigard Planning Commission `` NO1E: If you would like to speak on this item, please print your name &address on this form. Agenda Item# 1 Page 4,of Date of Hearin 1/ a2 0 C� Case Number(s) DC Ft Q (o - (`BOO O%% Case Name 1 c ra • V'�. . i 1 j I • yrAVtfi Location 0-)-7 - Please PRINT your name., address, and zip code Proponent (for the proposal): Opponent (against the proposal): Name: (2cL4V Name: Mote,IC, W ✓ Address: 1.6 S 3 "' Address: 9114 ('"-) Wa City, State, Zip: q Z-z_ct, City,State, Zip: L_ 0 Name: Name: l '' 1 Address: Address: 9 111.1 S(4) City, State, Zip: City,State, Zip: 1-1 . 4 Name: Name: Address: Address: /6s i S SGO o City, State,Zip: City, State, Zip: 7)619v2,0; O� Name: Name: Address: Address: " ir2- MUi-P�t/l- City, State,Zip: City,State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: _ • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVF.IOPIVIENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 'v IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER EXHIBIT..,. TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 20, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 12, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUC I ED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add- use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts; and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLI CABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS NLA ITER WILT BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICOARE AVAILABLE FOR PERSONS `°T IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOI ` ARRANGE FOR QUALIFIED SIG: GUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI'i 1EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRIT1EN TESTIMONY ON THIS PROPOSED AC1ION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'1"1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECl1ON AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPEC'11ON AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. • • IP AGENDA TIGARD PLANNING COMMISSION ; • Agenda Item: 5, Hearing Date: November 20,2006 Time: 7:00 Ply STAFF-REPORT 4 i.:.` PIANNING,COMMISSION ' = =� , d,,.. _ FOR;THE4•CITnY OF:TIGARD;.OREGON; w.; ;;= T WARD; .. s: . e SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE USE CLASSIFICATIONS CHAPTER (18.130), CONDITIONAL USE CHAPTER (18.330), RESIDENTIAL ZONING DISTRICTS CHAPTER (18.510), AND HISTORIC OVERLAY CHAPTER (18.740) FILE NO.: Development Code Amendment(DCA) DCA2006-00005 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130), Conditional Use Chapter (18.330), Residential Zoning Districts Chapter (18.510), and Historic Overlay Chapter (18.740) of the Tigard Community Development Code. The proposed amendments would add a definition of Meetings and Events Use to the Code and allow Meetings and Events Use as a Conditional Use in Properties with a Historic Overlay, and/or on the National Register of Historic Places. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: All residential zones with Historic Overlays and/or a property on the National Register of Historic Places COMP PLAN/ ZONING DESIGNATION: All residential zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.330, 18.380.020, 18.390.60, 18.510, and 18.740; Comprehensive Plan Policies 1, 2, and 3.7.1; and Statewide Planning Goals 1,2, and 5. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 1 OF 8 DEVELOPMENT CODE AMENDMENT SECTION II. STAFF RECOMMENDATION If the'Planiiing Commission,can find:that`;the proposal'is compatible with the surrounding residential'uses; arid provides adequateguidelines.`:;for.•approval, the Commission' should recommend-approval to. the'Tigard. City` Council to:`amen d'tle Use"Classifications,`Chapter- '(1.8:130), Conditional Use Chapter (18:330);Residential Zoning Districts='Chapter (18:510),:and • Historic Overlay Chapter (18.740) of the Tigard Community Development •Code, as- dtermined through the public hearing process.,,, SECTION III. BACKGROUND INFORMATION The City of Tigard has several properties of historic interest. The properties are notable because they represent surviving examples of architectural types or are associated with important figures in the history of the Tigard community. In the Tigard Comprehensive Plan these resources were determined to be significant, outstanding, and needed as related to the overall development of Tigard as a diverse community. Nine properties have Historic Overlay designations. One of these properties is also on the National Register of Historic Properties. An additional property is on the National Register, but does not have a Historic Overlay designation. See Map A for locations of the sites. The owners of properties on the National Register of Historic Places receive some State administered tax benefits. However properties with only the Tigard Historic Overlay do not receive any special benefit. There are associated costs with having a historic overlay, including the requirement of a Type II review of for exterior alternations. Owners of properties with Historic Overlays, or on the National Register, can request removal of the designation at any time. Without the designation the historical, architectural, or cultural resources are often lost. To encourage the protection of historic resources, the City Council directed staff to investigate ways in which owners of historic properties could generate income that could assist in their preservation, upkeep, and restoration, while balancing the interest of neighboring properties in Residential zones. One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. The conditions to allow this use would include limits on the number of events and attendees, noise, and parking. A total of 18 events could be held annually-12 events with up to 40 attendees and 6 events with up to 200 attendees. Staff reviewed the eight historic resources that are in residential zones and prepared Table 1. The two historic properties in commercial zones would presently permit this use. Meetings would most likely be considered an accessory use in the Durham School, at this time. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 2 OF 8 DEVELOPMENT CODE AMENDMENT • • Table 1: Historic Sites in Residential Zones HISTORICSITE; ,' :SITE::CHARACTERISTICS.: MEETING AND EVENT:USE e. .i-Lt w�ti'..ij r>7- ::y: .!' :`i-, .,�, �;� ��:,r •;i..�,.G�c`, �n.` ,�t . POTENTIAL 1- ..•rq!`7: s�•' ;.y'sa.w.a ,I�� ti` •�ti...�: •.:# �:'�' ".'.1`'� .... ; _ , ;s} ate.. .'s<, 'UP:'`.':'_JO: t40; UP.°'gib.:TO 200' N •A_TTENDEES: :.�A`T " TENDEES 1. Durham Developed with school and Elementary School large parking lot. Surrounded by Possible Possible industrial uses - 2.John F. Tigard Small house, used as a museum, Possible Possible House lot owned by Water District 3. "Ye-Olde" Windmill is only structure , lot is Unlikely Unlikely Windmill a .13 acre park 4. Charles F. Tigard 3000 square ft. house on 1.5 Possible Possible House acre lot 5. Tigard Farmhouse 2600 square ft. house on '/z acre and Windmill lot Possible Possible 6. Seven Gables 2500 square ft. house on '/z acre Upshaw House lot Possible Possible 7. Gaarde House 2900 square ft. house on 1/4 Possible Unlikely acre lot 8. Shaver-Bilyeu 3600 square ft. house on 2 acre Possible Possible House lot 1 Staff included all properties with a house as having the potential to have 40 attendees at a meeting or event. Staff included properties with lots .5 acres or larger as having the potential to have 200 attendees at a meeting or event. This doesn't take into account whether the site could realistically meet the conditional use requirements. In 2000, a previous Zoning Ordinance Amendment (ZOA2000-0001) sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. A brief search of the codes of neighboring communities did not reveal any language that was identical to the proposed language. Some jurisdictions allow Historic properties only the uses that are allowed in the underlying zone where it is located. However, the codes of the Milwaukie, Washington County and Clackamas County have provisions allowing additional conditional uses, including restaurants, offices, bed and breakfasts and community centers for civic and cultural events, for Historic properties in residential zones that meet certain criteria (including being located on an arterial street.) Additionally the city of Troutdale allows the Planning Commission to authorize any use as a conditional use which can be shown to contribute to the preservation or reuse of the site or structure, subject to the Conditional Use criteria. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 3 OF 8 DEVELOPMENT CODE AMENDMENT • SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G. Chapter 18.390.060.G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal was met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times newspaper prior to the public hearing. Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Notice was also sent to 830 property owners, all the properties within a 500 foot radius of a Historic property in a residential zone. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Statewide Planning Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 establishes a process for natural and cultural resources to be inventoried and evaluated. This goal has been met by the inventory of local historic resources and the subsequent comprehensive plan updates that identified additional resources. The proposed code amendment could provide the owners of the historic properties additional income that would assist in the preservation, upkeep, and restoration of the properties. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 4 OF 8 DEVELOPMENT CODE AMENDMENT • • APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the Tigard Times on November 2, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to all of the property owners within a 500 foot radius of a Historic property in a residential zone (approximately 830 owners). The written notices invited public input and included the phone number and e-mail address of a contact person to answer any questions. Comprehensive Plan Policy 3.7.1: Historical-Cultural Resources The policy states "The City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments would likely have the result of supporting this policy by giving property owners a potential source of income that could be used to protect Tigard's Historical-Cultural Resources. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.130: Use Classifications This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. Residents are free to hold meetings and events in their homes on a non-commercial basis. The proposed code amendment requires the addition of a definition of"Meeting and Event Use" as a Commercial Use to distinguish commercial and non-commercial meeting types. This type of use is already implicitly permitted in Commercial zones. Tigard Development Code Chapter 18.330: Conditional Uses The purpose of this chapter is to provide standards and procedures under which a conditional STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 5 OF 8 DEVELOPMENT CODE AMENDMENT • • use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. The proposed code amendment would add a new section of development -standards for conditional use approval of Meeting and Event Uses in Residential zones. The standards specify the use is only allowed in properties in a Historic Overlay zone and/or on the National Register of Historic Places. The standards also address the maximum number of events per year, maximum numbers of persons attending the meeting, hours of operation, light, noise, and parking. The standards also specify that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060.G states that the recommendation by the Commission, and the decision by the Council, shall be based on consideration of the following factors (reviewed above), including: 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.510: Residential Zoning Districts The major purpose of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development. While the zone is primarily residential, such uses as schools, churches, parks and recreation facilities, and day care centers are conditional uses in residential zones. The conditional use process assures that the uses are appropriate scale and location, and that any off-site impacts are minimized. The proposal to allow meeting and events uses in historic properties in residential zones seeks to minimize the impacts on the surrounding residences, by requiring the applicant to meet standards before receiving conditional use approval. Tigard Development Code Chapter 18.740: Historic Overlay Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. The proposed code amendment would add a new section "Incentives for maintenance" which would allow owners of historic properties to apply for a conditional approval to allow meeting and event uses. This addition could assist in furthering two of the purposes of the chapter, to "facilitate the protection, enhancement and perpetuation of such STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 6 OF 8 DEVELOPMENT CODE AMENDMENT • • improvements and of such districts which represent or reflect elements of the City's cultural, social, economic,political and architectural history" and "promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City." SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works, Long Range Planning Division and Urban Forester have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation,Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services, the Planning Directors of the cities of Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, and the State Historic. Preservation Office were notified. of the proposed amendments and did not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT As of November 6, 2006 two letters/e-mails and four phone calls were received by staff in response to the public notice. Two letters came from neighbors of the Shaver-Bilyeu Residence (also known as the Quello House.) The letters opposed the code amendment and stated that the meeting and commercial use would negatively impact their properties by increasing noise and traffic. The letters also noted that allowing weddings would result in drunk drivers in the neighborhood. The letters pointed out that the events would most likely take place on weekends, when no Code Enforcement officer is available to monitor noise and the other impacts. Of the four phone calls, three inquired into the meting of the notice, and were neither pro nor con (two were from owners of historic properties, and a third was from a neighbor.) One caller registered strong disapproval at the proposal, saying that it would have the effect of reducing property values of neighboring properties, because of the increased noise and parking problems. Additionally, prior to the notice, one phone call and two e-mails were received by staff in response to a newspaper article in the Tigard Times regarding the Quello House owner's desire to hold weddings and other events (prior to the drafting of specific code language.) One of the e- mails was neutral. The phone call and other written correspondence registered objections about the offsite impacts of allowing weddings and similar events in a residential neighborhood. Reponse: In order to get a permit for this use, an owner of a historic property would have to go through a conditional use process, with a public hearing before a Hearings Officer. In order to get approval, the owner will have to prove how he or she would meet the development standards, which include complying with the noise ordinance and supplying a parking plan for each event. It is likely that the events will take place during times when no code enforcement officer is available. However, the proposed code language specifies that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. The owner of the property would have an incentive not to generate neighbor complaints and comply STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 7 OF 8 DEVELOPMENT CODE AMENDMENT • • with the conditional use requirements. Violations would however require an additional process to determine whether to revoke the approval. Please see Attachment 1 for copies of the public comment correspondence, received as of November 7, 2006. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment complies with the Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Staff has presented code language with which to guide and approve any of the proposed uses. It attempts to strike a balance between the interests of those living in residential zones, the owners of historic properties who would wish to engage in this use, and the Tigard community, which has an interest in the preservation of historic resources. The Planning Commission and Council will determine in their judgment whether the proposed code amendment does that or needs to be revised or denied. ATTACHMENT: EXHIBIT A: SUMMARY OF PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. /'�✓� r November 8, 2006 PREPARED BY: Sean Far f' DATE Associa • .nner dilffi°0?°* cA_ November 8 , 2006 APPRO D BY: Ric and i ewersdo - DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING • DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 8 OF 8 DEVELOPMENT CODE AMENDMENT • • Exhibit A City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. j18.330_CONDITIONAL USE; Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events: A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events • • shall not be permitted. g. Noise: For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking: A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLA Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS; (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units,Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C CC C - N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C CC N N N Medical Centers N N C CC C C C Postal Service N N N N N N N N Public Support Facilities P . P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N . N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R1' - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N • • TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C12 C12 e2 C'2 C12 C12 C'2 C12 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co C10 co INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N " N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers,which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 7See Chapter 18.798,, Wireless Communication Facilities, for requirements for permitted and restricted facilities. • • 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. '°Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. Map A ' ---••:� 1 _ i_h._._ • 1 5 ` I I 1 i- i -�. u �._..__ I f i _,� I ; 1 4.<< -1--------t--- ;-- 71r e i__ Historic Sites r 1 a �.. (.a ; i_'_, r \ a -;-_ \ it I, 1— — _ -�1It_tlt.. 1 , ; _ -- -I .- _ '- 3 Residential \- I'--/--.---' :..�,. .. '_...,_ _ - - a I 1. Zoning Districts - ---- / I I r 1- ' \ It \ • ' , --j _I 1 v/ I .I I i l. L f { N . _..i , '... •_ -j_�\( _ _ .� _..J FERRY_._i� .._.. �__ ._ __ i I i City of Tigard \ t � t � __l� �� z 1, - .I_.- I---j --4-- - .I % T �O > ywii1 __,....._.1 M -- I .Rf ..-), Li\\ -__ --1 \ tt' __ ' _Q 1 V� _ - BNB " i � I I - • \i1 . ,� � -' _, ;T •I ?.. !.-..L._� 1 t. �j .,... 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LP Nwl.30 W.Rnowry will be mabm rcw Jerin«n } J.\,-/ 1. ,\ `..- \ I I v % /- . -`-'\im _:1_,...._ t 1.- I—_ _ -1_..I. \ \ «.nn.,drc«.�a«m.u«Ilw mmcmonhc m� ` rj'., Y / ti L_L_1_Ti t_L 1 ( —I •a I I 11---(-- .pan 1 \ , or, , r. 1 011 i ._.-- 1 ICE ( r' i ' Hill __., ) ,,., „\) . ... '1.\\''. / ') \ s—. t ' / ' j rce " .-( • _,/i , 1-au naARn I \ I . I f.. I. - - 1L _-I N i I `r �, .� I .c�l i;i !- j l .1.�_.t I _Y. '' 8 r — 0 0.1 0.2 DA 0.5 0.8 II r\J..r.�`( i, T III tkles 1a _% _ i � I , IIP : .__ Md 0. I.._. r�'M!iS.U'id Wd mn..�Y \ '..�....I L'1 1 i..I.._,.... ...�.__. // - ��._... mm rna•« . w: �- \ I-r' _l. ! '1 11i 1 I I _ /, n.. .,.wb..n.a>am..n.ryn.lYn _.• 1, ; , T'(, e�m « m.nmbl�.wd ./ I r_.___I ..r. I _ /� r/ mYlandm..e,JYppraW I _I �- I._.. \ /t _,—_. ,- --)' , • '.I I' 1.1.._-Ll. 1 / /'\.__ uuavwm.a M+a,xvrn mwmin• • • Attachment 1 October 29,2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr. and Mrs. Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically,the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew, we decided as a neighborhood to be respectful and to not use our back yards during those times. However,when he added weddings for pay and without any business license or consultation with the city,we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later. As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally,the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings,the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr.Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property,the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings, he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities,that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard. Allowing impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However,these activities are public events or school activities, not private-for-profit events. If I am bothered by the drummers practicing under the stadium, using it like a performance shell so it sounds like they are in my living room,or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight, I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door, he has behaved as if the noise is okay. Mr. Quello has threatened several times to sell and rezone his property for apartments. Apparently again, he feels he does not need to go through channels with the city but responds only if neighbors complain. The neighbors on the West side of his property stated he has poured concrete slabs for cottages, again without a permit. His property should be inspected. )1/1 l.:I •0 ',! . ,. ._., ,,.. •• - .. • .. • ei: 4i le ;.a VI r_.1 -f 1(2,y,____. ‘1, ..,..„....k...1:,....«, ,I, 43.8,14 8qiia... k .*.cso ,Is.00..,,,i .1 .,,u i Asp, 40.00•■;:i.i.• : I . .. . I ■ 1 I I i.7 13500 21 :iii 1:..? 112 ai! 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IR 3600 22 -,... i: dlAre . 1 I •.--0,„.** g:!00 "...Os 274414 -,--. .. .. . . 7 ., ..., c,..0 'It 5 8040-18 F '•. -‘•• ..,,i-- - . -. „,..,.....,...., . . , ". -- -. .. .\.,s-., fl\'!":". •14516171. ,•"S"..•44 ' • .•• --'• .T. 1 . ..• .--''' - "• '' 14Aq.,.. ''''...fll ":") 2P,1144C • - : • • 11/ October 25, 2006 Honorable Mayor Craig Dirksen, and Tigard City Council Tigard City Hall 13215 SW Hall Blvd Tigard, OR 97223 Honorable Mayor, An article in the Tigard Times on August 24, 2006 alerted me and my wife to the fact that the Rev. and Mrs. Quello were again attempting to gain approval from the City to allow weddings and other public events on their historic property. Since we are going to be out of the country during the month of November, we wanted to make sure that we had the opportunity to go on record publicly in opposition to any changes in the code that might allow the commercial use of this property for weddings and other commercial outdoor events. Almost all of the neighbors who opposed their 2000 request to allow weddings still live in the neighborhood. We remember all too well how in one summer in the late 1990's there were a couple weddings, and then at least one almost every weekend the following summer. Fridays or Saturday mornings would bring a rehearsal with the testing of the mikes, etc. Later in the day we were treated to the wedding march(usually Pachelbel's Canon in D) over the loudspeakers. After the vows came the soloist followed by the rumble of a large crowd before the D.J. music went on into the night. Only after the fact did the City Council consider these issues. We were given assurances around this time by Rev. Quello that we should not be concerned because the weddings "would only take place on about 14 weekend days during the summer." These are the same weekends that the neighbors work or relax in their own backyards. Yet on one occasion early in that season the Rev. Quello approached a neighbor who was mowing his lawn and asked him if he would wait until later to do this weekend chore so it would not interfere with the wedding. Although he was concerned that we not disturb the weddings, around that same time he installed a concrete pad and a tent for receptions near the North side of their property line just a few feet from the property line of their neighbors. Further, even though there is some distance between the Quello house and the homes to the rear of their property, sounds reverberate to the West and down the creek because of the slight gully created by the marshy area and creek behind their property. The weddings impacted the whole neighborhood. Sean Farrelly- Quello House • • Page 1 From: "Miller, Lesli" <Imiller @jesuitportland.org> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov> Date: 10/4/2006 11:00:02 AM Subject: Quello House Hi there! • I don't know if my input will be too late, but I did want to submit something. I live on SW 93rd. Basically my neighbors across the street's backyard backs up the the Quello house. I have mixed emotions about this whole thing. While I do understand the concerns of my fellow neighbors , i.e parking issues, noise, loitering, etc. I also know that it is no different then what we all deal with at a Friday night Football game, Graduation, Fourth of July or the Balloon Festival. So I don't understand why this would be any different. Maybe because it might be several times in a year, who knows. I have had the opportunity to meet the Quellos and my four-year old daughter loves their horse. They have the right to operate a business out of their home, don't they? But in the same sense, we as neighbors also have a right to enjoy our evenings at home without hearing somebody's wedding toast. I don't envy your jobs Lesli R. Miller Campus Receptionist Volunteer Coordinator J; • City of Tigard Engineering County of Washington CG4 O�_ G State of Oregon Mr. Duenas: For two years I have been requesting of the City if Tigard to reduce the speed limit from the current speed of 35 mph.to a speed of 20 mph. Appropriately the speed between 7a.m. and 5p.m. Monday thru Friday is 20mph. FACT: This Street is only 3 blocks long FACT: The entire east side of those 3 blocks is Tigard high school FACT: Those same 3 blocks have what appear to be 130 illegal dangerous parking spots that require the driver to back blindly onto the road. FACT: The west side of the street has 14 residential driveways. FACT: The end of the 3 blocks is the entrance to Cook Park where the posted speed is 15mph If someone will check the record to see the combined activities of: 1. The use of the fields by the actual high school students, Football,Baseball, Soccer etc. 2. The renting out of the fields ALL NITE AND ALL WEEKEND! 3. The extensive use of the fields in Cook Park ALL NITE AND ALL WEEKEND 4. The community events i.e. Balloon festival,Chinook Soccer championships etc. They would see that there are more bodies and cars in the evening and weekends than there are most days. Any one attending these events can't ern find parking!!! Check with the Tigard police and see how many tickets they have /Sat gd f pr parking violations! Most people are either elderly (watching their grandchildren) or small children watching brothers and sisters. ANYONE DRIVING 35 MPH SHOULD BE PUT IN JAIL!!! And yet it is the posted speed. Why is this accident waiting to happen? Where are our moral responsibilities to the community? Does one of our loved one need to be killed before someone applies common sense to this situation? Awaiting your response: Mark Walker Citizen and father 97(- y 3 - 7 D.-S-3- Hello neighbor, Tigard's City Council is considering amending city code that will affect all historic property in Tigard, allowing private events to be held at each. There will be a public hearing (date to be determined) and a code amendment proposal will be put forth. There are at least 10 historic properties in Tigard, but changes would only pertain to 2 or 3. These changes would especially pertain to, and allow events at The Quello House in our neighborhood on SW 92nd Avenue. Code 'language' has not been written and 'conditional use' restrictions have not been defined, but some of the considerations are: • Number of annual events i S ® M t 4l r q r A . • Time limitations 1 • Addressing sound issues QrN, • e f„• Providing adequate parking .P /JcA'J / 1�e- 8 Per K © avevy eveurY 6 All historic properties would have to a dres each restriction prior to obtaining a permit once t e code change: go into effect As a local homeowner you need to make your concerns known every step of the way. You can write your city council members and express your opinions right now, prior to October hearings. Dick Bewersdorff, Planning Manager and Sean Farrelly, Associate Planner have already received some phone calls from concerned neighbors. We have been encouraged to put everything in writing so that they can keep a better record of our opinions. Please contact these people at City Of Tigard Oregon 13125 SW Hall Blvd Tigard, OR 97223 Dick Bewersdorff Sean Farrelly Tom Coffee Planning Manager Associate Planner Community Development 503-718-2432 503-718-2420 Director dickatiaard-or.qov sean(c tioard-or.gov 503-718-2443 tomc ttigard-or.gov Council Members are: Mayor Craig Dirksen craigd(a)_tiaard-or.gov Councilor Nick Wilson nickw(atiaard-or.gov „sr Councilor Sydney Sherwood s dne y t i Bard- orgov )419V Councilor Tom Woodruff tomw©tioard-or.gov 0.4‘4°. . +6)1 e6 Councilor Sally Harding sallyh(a tiaard-or.gov i Osi Thank you for your time, of • Neighbor Cary Holzwarth, 503-684-2008 SW Millen Drive e September 27, 2006 ele r �� • • Cary and Benton Holzwarth 9240 SW Millen Dr. Tigard,.OR Dear Members of the Tigard Planning Commission and Tigard City Council: We are writing today in regard.to the hearing to be held affecting the Historic Overlay Conditional Use Code Amendment that is before the Tigard Planning-Commission and the Tigard City Council. My husband annd I are homeowners at 9240 S.W.Millen Dr. Our property shares a fence line with the Quello's,one of the historic properties that would benefit from this amendment. The concrete pad the Quello's poured for their tent is about 15 feet from the property line between our yards and less than about 50 feet from our back door. Conversations,music and Di • announcements all carry over well into our yard: When we're ready to turn.in.early with the tear windows open on a.summer evening,how late will we have to listen to his party revelers before we can get to sleep? Likewise,we would assume our dog barking, lawn mowing and other noise would carry over to his yard. Dan may be expecting it; it may be his guests that are caught off guard with the noise of our activities. The first time that this conditional use amendment was considered,Mr.Quelio used the Tigard High School parking adjacent to the soccer and football fields,directly across from his home. School activities and the use of that.parking have grown steadily over the years_ I don't know how he would be able to provide convenient parking for the guests that would be attending his functions. You might check with the police department as to how many tickets they've written for illegal parking this'season. Knowing that only a small.fraction of violators are actually ticketed,you might have some appreciation for how saturated the street parking any i&aril- through the spring,summer and fall seasons. With the steady stream of cars rolling,up-and down 92°.4 heading to Cook park or trolling for spaces,..it.ahcady takes as much as a.cauple_minutes patient waiting before we can find a gap to-enter 92`d from lvtillen. (Please see the attached photos for a`typical Saturday afternoon' on Millen Dr.adjacent to 9rd,and views to the left and.. right on 92nd from the corner of Millen.) Two more.problems-t4 consider are the trash.(cam.and bottles)that were littered-around-the neighborhood following his previous events,and the risks created by drivers-who have been drinking. We knew-when-we moved-here-that there would-be football games;soccer'Saturdays and- community activities at-Cook_Park,..There.are already enougho€strange people in our.. neighborhood,do.we need additional cars arid people added to what we already rind to contend with? We feel his chosen business is simply not compatible with a residential neighborhood. We think the sort of operation he intends really needs to be held in a-more rural location or he needs to provide more buffer space between his neighbors and his guests. We recognize that this property would be a beautiful setting for aparty or a wedding,but asking the surrounding neighborhood to subsidize him through our loss of utility,after already subsidizing.him.through his tax-rate freeze,does not seem fair or at the very least neighborly. We urge you to vote against this code amendment: ° „q • • • � #... .•> W 49'P1 g k ........4.....ii� • T&r. 'IL'.. xw: R �Y� . ':1f \\ y ( < } yg,f apt A :ago .Yv xY .d k 1 f .......i......;;,. 1.c,9 6 ..# 4y . . •k.....,....0 Irikk.ii"...:i4.:1.1.. .0...,..TI!..1 ..Iii, • i . Y.x0ti Q `k eS' sa;- :: f PP }fi N........H... :4.,..,...,..:..k.S.a } f}}11.141: �♦ ''''":1074.,, 4 k � 0 h�<v.x�:.,.::` *ft 'x> :i ® i rte i:' <x 3.y.»� r .♦ 1 ii',;k4r441,4*IisI*. *1'J:11114k:to: , ■t*„..kik 4"Illf I'Mt.**• • • ate...... } it a • Attachment 2 • DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold CHAPTER 18.130 USE CLASSIFICATIONS Sections: 18.130.010 Purpose 18.130.020 Listing of Use Classifications 18.130.030 Unlisted Use: Authorization of Similar Use 18.130.010 Purpose A. Purpose. The purpose of this chapter is to classify uses into a limited number of use types on the basis of common functional, product or compatibility characteristics, thereby providing a basis for the regulation of uses in accordance with criteria,which are directly relevant to the public interest. 18.130.020 Listing of Use Categories A. Residential use types. 1. Household Living: Living facilities for small groups (households) of people who are related or unrelated, featuring self-contained units including facilities for cooking, eating, sleeping and hygiene. Tenancy is longer than one month. Includes most types of senior housing, e.g., congregate care, assisted living, if residents live in self-contained units. The maximum number of people who may reside in any given dwelling unit shall be determined by the Uniform Building Code. 2. Group Living: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care; training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/ convalescent homes, residential care/treatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. Does not include detention and post- detention facilities(see 18.130.020 E.3.,Detention Facilities). 3. Transitional Housing: Public or non-profit living facilities with same characteristics as Group Living but with tenancy less than one month. Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. Excludes private, profit-making short-term housing (see 18.130.020 C.1., Commercial Lodging); and detention and post-detention facilities(see 18.130.020 E.3.,Detention Facilities). B. Civic use types. 1. Basic Utilities: Community infrastructure, including water and sewer systems, telephone exchanges,power substations and transit stations. 2. Colleges: Institutions of higher education with/without dormitories. Excludes private, profit- making trade and vocational schools(see 18.130.020 C.1., Personal Services). Use Classifications 18.130-1 Code Update: 09/06 • • 3. Community Recreation: Public or non-profit recreational, social and multi-purpose facilities. Examples include: community centers, senior centers, indoor and outdoor tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks, playgrounds, picnic areas and golf courses. Excludes commercial recreational facilities(see 18.130.020 3.C.3.c,Indoor Entertainment). 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. 5. Day Care: As defined by Oregon State Statute: a. Family Day Care: Provision of day care services for children, with or without compensation, in the home of the caregiver. May provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the school year, a family day care provider may care for four additional children on days and during the hours that school is not in session. Such children must be as least an age eligible for first grade. During summer vacation, a provider may care for four additional day care children of any age up to a maximum of four hours per day. No more than a total of 10 children including the provider's own children may be present at any one time. b. Day Care Group Home: Day care facility in which care is provided in the home of the caregiver, with or without compensation, for 7-12 children. It is subject to certification by the Children's Services Division. c. Institutional Day Care: Day care facility operated with or without compensation that is certified by the state to care for 13 or more children,or a facility that is certified to take care of 12 or fewer children and located in a building constructed as other than a single-family dwelling. Typical uses include nursery schools, pre-schools, kindergartens, before- and after- school care facilities or child development centers. 6. Emergency Services: Public safety facilities including police and fire stations, emergency communications and ambulance services. 7. Medical Centers: Facilities providing inpatient, outpatient and emergency and related ancillary services to the sick and infirm. Usually developed in campus setting. Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. Medical centers may also include free-standing offices for hospital-based and/or private-practice physicians and other allied health care professionals;these medical office buildings are regulated as Offices. 8. Postal Service: Refers to postal services and processing as traditionally operated by the U.S. Postal Service, United Parcel Service or other similar entities. Such facilities include customer sales, mail sorting and fleet truck storage. 9. Religious Institutions: Places of religious worship which may include related accessory uses such as offices, classrooms, auditoriums, social halls,gymnasiums and other recreational activities. 10. Schools: Public and private elementary, middle and high schools. Use Classifications 18.130-2 Code Update: 09/06 • • 11. Social/Fraternal Clubs/Lodges: Non-profit organizations with social, philanthropic and/or recreational functions and activities. C. Commercial use types. 1. Commercial Lodging: Residential facilities such as hotels, motels, rooming houses and bed-and- breakfast establishments where tenancy is typically less than one month. May include accessory meeting and convention facilities and restaurants/bars. 2. Eating and Drinking Establishments: Establishments which sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns, brew pubs and espresso bars. 3. Entertainment-Oriented a. Major Event Entertainment: Facilities such as auditoriums, stadiums, convention centers and race tracks which provide athletic, cultural or entertainment events and exhibits for large groups of spectators. b. Outdoor Entertainment: Facilities with extensive outdoor facilities including outdoor tennis clubs,golf courses and shooting ranges. c. Indoor Entertainment: Commercial indoor facilities such as health/fitness clubs, tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling alleys, arcades, shooting ranges and movie theaters. d. Adult Entertainment: Facilities including adult motion picture theaters, adult video/book stores and topless, bottomless and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 4. General Retail a. Sales-Oriented: Establishments which consumer-oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products;jewelry; pets and pet products; pharmaceuticals; plant; printed materials; stationery and videos. Excludes large- scale consumer products (see 18.130.020 C.4.d); and those sold primarily outdoors (see 18.130.020 C.4.e,Outdoor Sales). b. Personal.Services: Establishments which provide consumer services such as banks and credit unions; barber and beauty shops; pet grooming; laundromats and dry cleaners; copy centers; photographic studios;trade/vocational schools; and mortuaries. c. Repair-oriented: Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment;tailors and seamstresses; shoe repair; locksmith and upholsterer. Use Classifications 18.130-3 Code Update: 09/06 • • d. Bulk sales: Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. e. Outdoor sales: Establishments which engage in sales requiring outdoor display and/or storage including lumber yards and nurseries. f. Animal-related: Animal breeding and boarding facilities. Excludes pet sales/supplies (see 18.120.030 C.4.a, Sales-Oriented); animal grooming(see 18.130.20 C.4.b, Personal Services); and veterinary clinics(see 18.130.020 C.6.,Offices). 5. Motor Vehicle Related a. Motor Vehicle Sales/Rental: Includes car, light and heavy truck, mobile home, boat and recreational vehicle sales,rental and service. b. Motor Vehicle Servicing/Repair: Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an accessory to new vehicle sales. c. Vehicle Fuel Sales: Establishments engaging in the sale of gasoline, diesel fuel and oil products for cars,trucks,recreational vehicles and boats. 6. Office: Government, business and professional offices. Examples include local, regional, state and federal offices and agencies; medical, dental and veterinary clinics and laboratories; blood collection centers; offices for attorneys, architects, accountants,engineers, stockbrokers, real estate agents, mortgage bankers, insurance brokers and other consultants; headquarters offices; sales offices; and radio and television studios Also includes painting, landscaping, building and janitorial contractors where the indoor storage of materials and equipment are incidental to the office use. If this storage exceeds 50% of occupied space, such uses are classified as Industrial Services (see 18.130.020 D.1) Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. 7. Non-Accessory Parking: Any private or public parking, either paid or free, which is not an accessory to a primary use; includes public and private parking structures and lots, and transit park-and-ride lots. May also include free-standing fleet vehicle parking lot. 8. Self-Service Storage: Commercial operations which provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Does not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see 18.130.020 D.5, Warehouse/Freight Movement). 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. D. Industrial use types. Use Classifications 18.130-4 Code Update: 09/06 S 1. Industrial Services: Includes the repair and servicing of industrial and business machinery, equipment and/or products. Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials;towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry,dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 2. Manufacturing and Production a. Light Industrial: Includes production, processing, assembling, packaging or treatment of finished products from previously prepared materials or components. All activities and storage is contained within buildings. Examples include the manufacturing and assembly of small-scale machinery, appliances, computers and other electronic equipment; pharmaceuticals; scientific and musical instruments; art work, toys and other precision goods; sign-making; and catering facilities. b. General Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. All activities are contained within buildings although there may be some outside storage of raw materials. Examples include food processing; breweries, distilleries and wineries; production of apparel or textiles; woodworking including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products;manufacturing and production of large-scale machinery. c. Heavy Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. A substantial proportion of activities and storage may be undertaken outdoors with resulting noise, glare, vibration and other potentially adverse impacts. Examples include energy production facilities;concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing; production of cars,trucks,recreational vehicles or mobile homes. 3. Railroad Yards: A terminus of several railroad lines where the loading, unloading, transshipment and switching of rail cars is undertaken. 4. Research and Development: Facility featuring a mix of uses including office,research laboratories and prototype manufacturing. If no manufacturing component, considered Office use (see 18.130.020 C.6). 5. Warehouse/Freight Movement: Uses involved in the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with significant truck and rail traffic. Examples include free-standing warehouses associated with retail furniture or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals; bus barns; grain terminals; and stockpiling of sand, gravel, bark dust or other aggregate and landscaping materials. 6. Wholesale Sales: Involves sales, leasing or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public is limited. Examples include the sale or rental of Use Classifications 18.130-5 Code Update: 09/06 • • machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies,janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts,and building hardware. . 7. Waste-Related: Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses which collect sanitary wastes, or uses that manufacture or produce goods or energy from he composting of organic material. Examples include recycling/garbage transfer stations; land fills; composting, energy recovery and sewage treatment plants. E. Other use types: 1. Agriculture/Horticulture: Open areas devoted to the raising of fruits,vegetable,nuts,nursery stock and/or flowers; may include on-site sales of products grown on the site. Excludes nurseries,which are classified under Outdoor Sales(see 18.130.020 C.4.e) 2. Cemeteries: Facilities for storing human remains. Accessory uses may include chapels, mortuaries, offices, maintenance facilities and parking. 3. Detention Facilities: Uses which have the characteristics of Group Living but are devoted to the housing, training and supervision of those under judicial detention. Examples include prisons, jails, probation centers, juvenile detention homes and related post-incarceration and half-way houses. 4. Heliports: Public or private facilities designed for the landing, departure, storage and fueling of helicopters. 5. Mining: Uses which mine or extract mineral or aggregate resources from the ground for off-site use. Accessory uses may include storage, sorting and transfer facilities. 6. Rail Lines/Utility Corridors: The regional corridors in public or private ownership dedicated for use by rail lines; above-grade or underground power or communication lines; water, sewer and storm sewer lines; or similar services. 7. Wireless Communication Facilities: Includes publicly- and privately-owned towers and related transmitting equipment for television, FM/AM radio, cellular and two-way radio and microwave transmission and related ancillary equipment buildings. Does not include radio/television transmission facilities which are part of the public safety network; see Basic Services. Does not include amateur(ham)radio antennas or towers. (Ord. 06-13) 18.130.030 Unlisted Use: Authorization of Similar Use A. Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. B. Process. The Director shall render an interpretation, as governed by Chapter 18.340 Use Classifications 18.130-6 Code Update: 09/06 • • C. Approval standards. Approval or denial of an unlisted use application by the Director shall be based on findings that: 1. The use is consistent with the intent and purpose of the applicable zoning district; 2. The use is similar to and of the same general type as the uses listed in the zoning district; 3. The use has similar intensity, density, and off-site impacts as the uses listed in the zoning district; and 4. The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. 1. The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use. 2. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone.■ Use Classifications 18.130-7 Code Update: 09/06 • • • Attachment 3 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; b. An 10% increase in dwelling unit.density; c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Conditional Use 18.330-1 SE Update: 10/04 • e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.390.050. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Conditional Use 18.330-2 SE Update: 10/04 • • 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; 12. Requiring the protection and preservation of existing trees, soils,vegetation, watercourses, habitat areas and/or drainage areas; Conditional Use 18.330-3 SE Update: 10/04 • 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery, preschool, elementary,junior, middle, or high school; (3) Day care center, nursery school, resident care facility or hospital; Conditional Use 18.330-4 SE Update: 10/04 • . (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph (a)above is listed; c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; Conditional Use 18.330-5 SE Update: 10/04 • • b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. 6. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. 7. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots,the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. 8. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. 9. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; Conditional Use 18.330-6 SE Update: 10/04 • • b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 10. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 11. Cemeteries: a. The minimum lot size shall be five acres; b. Setbacks: (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street, plus meet visual clearance areas,Chapter 18.795; Conditional Use 18.330-7 SE Update: 10/04 • • (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. 12. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3)The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.765; 14. Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. 15. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and Conditional Use 18.330-8 SE Update: 10/04 • e. Off-street parking shall be in accordance with Chapter 18.765. 16. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 18. Manufactured/Mobile Home Parks(Also see Chapter 18.750): a. Minimum lot size shall be one acre; b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; Conditional Use 18.330-9 SE Update: 10/04 • • f. Landscaping shall be equal to 20% of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 19. Children's Day Care: a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. 20. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk- up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. Conditional Use 18.330-10 SE Update: 10/04 • • h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events: A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed Conditional Use 18.330-11 SE Update: 10/04 . • agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. • Conditional Use 18.330-12 SE Update: 10/04 • Attachment 4 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services-- at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts A. R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate Residential Zoning Districts 18.510-1 Code Update: 06/02 • • attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited(N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510-2 Code Update: 06/02 • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C CC C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N Residential Zoning Districts 18.510-3 Code Update: 06/02 III • TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C12 C 2 C12 C12 C12 C12 C,2 C12 Motor Vehicle Related - Motor Vehicle Sales/Rental . N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N CIO CIO CIO INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Residential Zoning Districts 18.510-4 Code Update: 06/02 • • 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715,Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. Residential Zoning Districts 18.510-5 Code Update: 06/02 • TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size -Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit[1] 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. -Duplex lots 90 ft. 90 ft. 50 ft. -Attached unit lots 40 ft. ? Maximum Lot Coverage - - - - 80%[2] Minimum Setbacks -Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. I -Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. i -Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. a -Side or rear yard abutting more restrictive zoning district 30 ft. -Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. i; Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - .- - 20% [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. TABLE 18.510.2-(Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-12 R-25 R-40 - STANDARD MF DU* 1 SF DU** MF DU* SF DU** MF DU* . SF DU** Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft.per unit 1.480 sq.ft. • 3,050 sq.ft.per unit None None -Attached unit 1,480 sq.ft. None -Duplexes 6,100 sq.ft.or 3,050 sq.ft.per unit None -Boarding,lodging,rooming house 6,100 sq.ft. • Average Lot Width None _ None None None None I None Minimum Setbacks -Front yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 10 ft. 20 ft. 10 ft. 20 ft. 10 ft. -Side yard lO ft. 5 ft.[1] lO ft. 5 ft. [1] lO ft. 5 ft.[1] -Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. -Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. 45 ft. 45 ft. 60 ft. ! 60 ft. Maximum Lot Coverage[2] 80% 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% _ 20% _ 20% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. • • [2]Lot coverage includes all buildings and impervious surfaces. - * Multiple-family dwelling unit ** Single-family dwelling unit Residential Zoning Districts 18.510-6 Code Update: 06/02 • • 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments.■ Residential Zoning Districts 18.510-7 Code Update: 06/02 • • Attachment 5 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.740 HISTORIC OVERLAY Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: 1. Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing,and public welfare of the City; and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. Historic Overlay 18.740-1 11/26/98 • • 18.740.030 General Provisions A. Approval of exterior alterations. Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance,nor may any new structure be constructed in an historic district unless approved by the Director. B. Approval of demolition. No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. 18.740.040 Approval Process A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010, Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Historic Overlay 18.740-2 11/26/98 • • c. The site or area is identified with historic personages, or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or e. The proposed site or area is a notable work of a master builder,designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations.. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Historic Overlay 18.740-3 11/26/98 • • 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure; and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- of-way, and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390, Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020, must include the following information. Specific information to be contained in each of the following is available from the Director. 1. Site plan; 2. Architectural drawings; 3. Landscape plan; 4. Sign drawings.■ Historic Overlay 18.740-4 11/26/98 l.t-a:-. A I Twl t HAI Ltran - itrunntul 1 L...,,,a AA,. • Li .• , . „ . ... . . , . .... . lli'l'll1.7'll!l*I:ll'l'llllft (. t ii I Ti l 4 I (..I , (- I I t..• ',...'„i. .t. I I .. .',i',*,.... t . t \ 1 .,,,,, . t. t , • .. . . L..„ t......S... .. • " WtA 'Ai. ll • .• i i .4. ,.• :', : • • 4. • •••:',4 4 Sttsti) I Historical Tigard .:. . i:., -,,,, fs,t ttst, i 1-ttst. •• • • . • —is- •• , DESIGNATEE) HISTORICAL SITES 4. **,•4*.4. • 'W'''''— . * :4*.... I . ..........• ,. I.* *4 ■ I.:. ::".4...i .P.....:1....,•rtf,>.-...c.c....4ot., ! . . ..t.r t ••L. r' ..... Th•thatth RT.:0 tt01, , . I. T 1...... (it.....',.11'.. N'''''''''''`''1.t''T .., I'....'''• ''''...'. ..-:'..'- '. ' ' .. , . , ,,,... _.,..„,,,„ ,,,„ ,,,,, ..n.,..,-„., .,L,...,„ .,,....,<1., ,..,„1, .,, . * .1. . i g‘.1 1 I:71,111 L , _ . Stsstm fs.stli:ts.' ts..-S1 -.Jiti......trit'....-t-Sittri tsSti'Stl: SUSsis. _, • S S....st.!tot»,sttt. 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Si-laver-Silveri 11()rise, 16445 SW 92nd Avenue at 4, • • . . tfl or I ***** - .111(1 It.H; • „ : • . • . 110 • II • MEMORANDUM TIGARD TO: Plan ommission 00--eerl FROM: Jerree Lewis RE: Testimony DATE: November 13, 2006 Attached is written testimony submitted by Michael and Sharon Brewin regarding DCA 2006-00005, Historic Overlay Conditional Use Code Amendment. _ `tom Jerree Lewis - Brewins-written_testitay.doc • Page 1 November 8, 2006 Submitted for the Public Record To: Tigard City Council Tigard Planning Commission City of Tigard, Planning Dept. From: 1) Michael Brewin, and 2) Sharon Brewin, property owners 11225 SW Morgen Ct., Tigard, Oregon 3) Michael Brewin/SOULJAZZ LLC an Oregon business Regarding: City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a • Conditional Use in Historic Resources in Residential Zones Introduction: Michael and Sharon Brewin are resident property owners in Tigard, as well as owners of a local business. Mr. Brewin is a historian(US History) who has taught at Portland State University, Portland Community College, and Clackamas Community College. He has also been an events producer/consultant for almost 40 years, including directing hundreds of concerts and events at Portland State University and co-producing jazz festivals. He is an expert in these fields, and in related matters (professional musician and audio production). He has also served as a City of Tigard facilitator, on the advisory board of the Tigard Chief of Police, and as an aide to the Hon. Ron Wyden. Mrs. Brewin is a mathematics instructor at Portland Community College,and she taught 31 years in the public schools. The Brewins have lived in Tigard since the 1980s. Mr. Brewin, Mrs. Brewin, and Souljazz LLC hereby register their opposition to this proposal, request this written submission (and all attachments)and their objections be made part of the record, request they be notified of any subsequent hearings and a final decision, and they call into question the representations, process, legality, amendments, fairness, appropriateness, and any alleged necessity or justification provided, based upon a number of I) procedural and II) substantive issues +photon, which we shall articulate herein. They call for the rejection of these inequitable and invasive amendments:these proposals (as written)would introduce broad, inappropriate and prohibited commercial uses into residential zones; would generate parking/traffic problems, public noise nuisances, public safety issues, and invade citizens' privacy in residential zones; would confer monopolistic commercial uses upon a handful of private property owners for their own • 1 Jerree Lewis - Brewins-written_testimony.. • .Page 2 benefit; and would be inequitable to the other 45,000 citizens of Tigard—residents, property owners and businesses alike. The broad uses cited/permitted in the proposal text (which was not mailed to affected property owners in the residential zones, nor were the addresses of the locations) do not even relate directly to any appropriate "historical" activities or purposes, for the most part. There are no provisions that the city will pro-actively, responsibly enforce or accurately monitor these event uses(attendee numbers, traffic, noise,and public safety), nor the facilities (full commercial code compliance, full ADA standard disabled accessibility (including bathrooms), fire marshal and health inspections,smoke detectors/fire alarms/sprinklers and posted exits, sufficient commercial use liability insurance), nor for compliance to all federal, state, county, and local non-discrimination laws and commerce regulations which pertain to renting/leasing, hiring, and pricing policies or practices, etc. which might discriminate on the basis of race, religion, ethnicity,gender, sexual orientation, age, nationality, and political or personal beliefs. Neither should the city aid and abet nor engage in promoting the"establishment of religion" for any alleged "historical site" receiving such status or exclusive commercial use privileges. Furthermore, the permanent introduction of such invasive"parties"and"weddings"etc. with up to 200 attendees(and probably 100 motor vehicles)would harm the real estate market sales values of adjacent and nearby properties. Since this negative situation did not exist previously, and since this would be the fault of local governmental action, then any and all such affected property owner[s] would have every right to hold the City of Tigard liable for actual and punitive damages, costs, fees,and other restitution, at any time in the future. Please note that this hasty, ill-advised community development code amendment process originated for the sole benefit of one private property owner who apparently approached city officials, and there are fundamental problems entailed in the process,at every step. Argument I: The process has been fundamentally flawed, misrepresented, handled incorrectly, and has not been executed in full accordance with the spirit and letter of prevailing Oregon statutes. ; The process began with a Mr. Quello apparently contacting City of Tigard officials, who introduced a City Council meeting agenda item essentially on his sole behalf. The city officials and staff involved have not divulged any ex parte contacts or communications with Mr. Quello, or the nature of such contacts which have occurred,or in the past. • Misrepresentation in the Agenda: The published Agenda for TIGARD CITY COUNCIL WORKSHOP AND BUSINESS MEETING August 15, 2006 5. DISCUSS WHETHER TO INITIATE A DEVELOPMENT CODE AMENDMENT 2 • Jerree Lewis Brewins written_testin .doc • Page 3 TO ALLOW NON-RESIDENTIAL USES IN A RESIDENTIAL ZONING DISTRICT AT THE QUELLO HOUSE AND SIMILAR PROPERTIL-'S • Staff Report: Community Development Department [See attached published Agenda] There is no historical site or entity properly named or listed as the"Quello House." The agenda naming the"Quello House"can not be referenced anywhere in respect to a historical site. It is a false representation of a labeled historic site with a legitimately recognized name—the Shaver-Bilyeu House [aka the Shaver House]. Persons unfamiliar with this fact or house would not know what the Agenda item referred to. This listing was misleading to the public at large. Misrepresentation in the Minutes and by Mr. Quello: In the City Council Workshop and Business Meeting Minutes,August 15,2006, the term"Quello House" is used repeatedly by the city councilors and by Mr. Quello in misrepresenting the historic "Shaver-Bilyeu House" as "Quello House." [See attached published Minutes, particularly pages 5 and 6.] The correct official term for the historic house and site,the Shaver-Bilyeu House, is never used or mentioned anywhere in the minutes. Any person reading the Minutes to better understand this matter was not properly informed about the actual alleged historical site being discussed,-but rather was misled by the Minutes. Any person researching Tigard's historical sites would not find "Quello House"on the City of Tigard's page of historical sites on its website, nor in the National Historic Registry. Therefore, the City Council agenda item and discussion, and the publishing of the same in the Minutes,constituted a misrepresentation to the public. Similarly, any other members of the public observing the City Council meeting were likewise misled. [It took Mr. Brewin, a historian, himself awhile to sort out this misrepresentation and find and identify the actual misnamed site referred to in the Minutes, by comparing addresses and personally visiting all the listed Tigard historical site addresses. He was familiar with the traditional historic name, Shaver House, and the official name, the Shaver-Bilyeu House.] The Minutes state: "Mr. Quello advised the Quello House was listed on the National • Historical Site registry." His statement is false. The"Shaver-Bilyeu House" is listed on the National Historical Site registry. On the surface, this might seem like a technicality. However, Mr. Quello has coveted the historical site name for himself, and has methodically tried to obscure the legitimate"historical" name, ever since he applied for and obtained a historical site designation (with additional benefits, including low property taxes) in 1993 based upon the Shaver-Bilyeu House and those families' cultural histories, shortly after he purchased the property in 1990. Further Misrepresentations by Mr. Quello: Since purchasing the property in 1990 and obtaining an official historical designation for the Shaver-Bilyeu House in 1993, Mr. Quello has demonstrated selfish intent and unethical conduct in trying to erase the historical name designation,by willfully and 3 Jerree Lewis - Brewins-written_testimony. • Page 4 deceptively superimposing his own name on a historical site (giving the impression that it is the Quello ancestral home), and by making calculated misrepresentations, not only to the City of Tigard, but in deceptive large signage at the edge of his property,and in an expired Oregon business name registration ("The Flower Farm at the Quello House" first registered in 1999, expired 2-06-2005) and a recent registration("The Flower Farm"). [See attached photo of the north side of the large sign: "Quello House est. 1892" (Shaver-Bilyeu_l.jpg). Attached photo of the south side of the sign: "Flower Farm est. 1892" (Shaver-Bilyeu_2.jpg). Also, does the sign conform to city code, r.e. type, size and placement, for a residentially zoned private property? On the day the photos were taken (November 7, 2006), there were no signs visible anywhere from the street that this is the"Shaver House est. 1892" (or"Shaver-Bilyeu House est. 1892"). This pattern evidenced by Mr. Quello's actions demonstrates that Mr. Quello is not a sincere or suitable guardian of a designated "historical site," that his motives are selfish, and that he seeks to gain further exclusive commercial and property privileges through misrepresentations and manipulation of a"historical site"designation, besides already paying very low assessed property taxes for such a large house on two acres. On these grounds alone, the City of Tigard should reject the proposed amendments and any future notion of extending special monopoly rights to Mr. Quello(or similar private property owners). History: Mr. and Mrs. Quello purchased the 2+acres property and 3648 sq ft house and outbuildings in 1990 for only $140,000. In 1993 they themselves sought a national historical designation for the house and property, using the Shaver and Bilyeu family histories—and thereby gaining property tax relief. They also put a misleading sign on the property, labeling the house"Quello House est. 1892." The property had allegedly previously had a sign denoting the"Shaver House." The Secretary of State, State of Oregon, has an official website with an Oregon Historical Records Index. This index contains not only state records,but historical records for every Oregon county. The historical index does not contain a single reference to anyone named Quello. Mr. Brewin tested and verified this index by typing in various surnames of Mrs. Brewin's own family ancestors, including the historic Bird family pioneers of Champoeg and Clackamas County. The Oregon historical records revealed many references to Mrs. Brewin's ancestral family members. The National Historic Preservation Act of 1966,among other things, delineates the goals and Purpose of the Act,which include preserving"historic heritage,"such as "retain the name historically associated with the building or structure," and "protect those qualities that are historically significant." 4 Jerree Lewis - Brewins-written_testin .doc • Page 5 • From Section 110 of the National Historic Preservation Act: "(A) that historic properties under the jurisdiction or control of the agency, are identified, evaluated, and nominated to the National Register; (B)that such properties under the jurisdiction or control of the agency as are listed in or may be eligible for the National Register are managed and maintained in a way that considers the preservation of their historic, archaeological, architectural, and cultural values in compliance with section 106 of this Act and gives special consideration to the preservation of such values in the case of properties designated as having National significance." Likewise, the federal government directs the Department of the Interior(in Section 112) to do the following: (1)provide information to the owners of properties containing historic(including architectural,curatorial, and archaeological) resources with demonstrated or likely research significance, about the need for protection of such resources, and the available means of protection; (2) encourage owners to preserve such resources intact and in place and offer the owners of such resources information on the tax and grant assistance. Relevant National Historic Preservation Act definitions: ""Preservation" or "historic preservation" includes identification, evaluation, recordation,documentation,curation, acquisition,protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities." The National Register of Historic Places website (www.nationalregisterofhistoricalplaces.com) lists the"Shaver-Bilyeu House"as follows: Shaver-Bilyeu House (added 1993 - Building - #93000014) Also known as Shaver,William E. and Lizzie,House 16445 SW. 92nd Ave.,Tigard Historic Significance: Architecture/Engineering, Event Architect, builder,or engineer: Unknown Architectural Style: Other, Queen Anne Area of Significance: Architecture, Exploration/Settlement Period of Significance: 1900-1924, 1925-1949 Owner: Private Historic Function: Domestic Historic Sub-function: Single Dwelling • Current Function: Domestic Current Sub-function: Single Dwelling [Please also note the historic function: Domestic. Not any "commercial" uses, not weddings, events, parties, luncheons, meetings, etc.] Evidence of the Quellos' continued efforts to obscure the actual documented historic and cultural values of the house and property site, by falsely superimposing their own name Quello as a historical site identity and designation, is most compelling in refuting any 5 Jerree Lewis - Brewins-written_testimony.. Page 6 disingenuous claim they might make about historical preservation, or in this most recent attempt to exploit the goodwill of the City of Tigard and gain additional personal exclusive benefits/privileges and non-historic prohibited commercial uses and functions in a residential zone. Furthermore, if the National Register of Historic Places was notified about the Quellos' quest to obliterate the historic name and historic and cultural values of the Shaver-Bilyeu House and those families, it is likely the property would be removed from the national registry of historic places. The City of Tigard's own website lists the property as follows: Shaver-Bilyeu House, 16445 SW 92nd Avenue Year Designated: *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family, who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] The Tigard City Council Minutes of August 15, 2006 state: "Mr. Quello spoke to the City Council. He submitted a written statement outlining how a conditional use approval would benefit his property... His key points were: [1] there is a need in the City of Tigard for this type of facility. [2] The Quellos are willing to share this facility with the community at no cost to the taxpayers. [3] Historic property will disappear if a way is not found to make such property viable." Rebuttal to Mr. Quello's presented key points: • [1]Mr. Quello's statement outlines only how a conditional use approval will benefit him and his property. This is not necessarily a benefit to the community or to the city. The city (and outlying metropolitan area) has plenty of rental facilities for events, public meeting halls and schools, churches and facilities for weddings, public and commercial event facilities, and public parks for any and all of these commercial uses. These are all "appropriate venues." His residentially-zoned"domestic"house and property and location is "NOT appropriate" for a commercial public event facility. [2] Are the Quellos willing to share this facility absolutely free of charge to any and all of the taxpayers of Tigard who want to reserve and use it—e.g. for a wedding, a party, a meeting, an event? Mr. Quello's statement here is also misleading; he wants to obtain commercial uses, for which he will receive monetary remuneration. He wants to run his residential property as a commercial business, with exclusive rights and broad uses currently prohibited in residential zones, commercial uses which would be denied to his neighbors - and 45,000 other Tigard residents in residential zones. [3] Quello's implied `threat' of historic property disappearing unless the city allows him to make it commercially"viable" reveals his motive, which is mercenary. His property's zoning and historical designation was never intended to make it commercially "viable." Morever, the house has always had a"domestic" function— for 100 years. Historically, it was never intended for commerce, let alone large rental events, weddings, meetings, parties. If Quello can't afford to maintain his own property (which has a high market real • estate value), then he should sell it—to someone who will maintain the property, and who 6 Jerree Lewis - Brewins-written_testir,.doc • Page 7 will not demand inequitable government handouts and commercial use monopolies"in restraint of trade" and free enterprise, and in an inappropriate residential zone. And if he • truly cares about preserving history, then Mr. Quello will sell the property to the City of Tigard or to a non-profit historical association. In the Minutes of August 15,2006, the City Council mentioned"neighborhood opposition to the events held at the Quello house in the past." Mr.Quello was conducting weddings, with amplified music and "DJ's." He was repeatedly blatantly and willfully violating city noise nuisance ordinances, parking ordinances,and engaging in illegal commercial uses in a residential zone (including [hired] entertainment for commercial uses). He was also profiting from the use of his property for weddings, officiating at the weddings, etc. (Incidentally, how many of these weddings conducted were not of his own religion? Was he discriminating against other faiths and against agnostics and atheists, diverse groups r.e. the events scheduling?) In light of past problems, he should not be trusted to voluntarily comply with any new conditions the city might impose, since he knowingly violated existing conditions, codes, and ordinances. In fact, Mr. Quello historically has inflicted public nuisances upon his neighbors, and he has violated the noble principle of"love thy neighbor as thyself." He has not treated his neighbors as he himself would like to be treated. In the course of holding events for his own gain and violating multiple city ordinances and codes, he has callously invaded the privacy and committed transgressions against his law-abiding neighbors—in the process demonstrating selfishness. Conclusion: Instead of being thankful for what he has received in the matter of a bargain lovely home and historical designation (among other things),eligibility for federal grants, generous property tax reductions, and possible tax write-offs (all of which were not due to his own merit, or historically based upon a house with his surname), Mr. Quello further covets and seeks special legal property and broad monopolistic commercial use rights status above all his neighbors and 45,000 other citizens of Tigard,as a newly city- minted landed lord of a privately owned historic estate (which he has historically • misrepresented) with attendant special self-serving commercial entitlements denied his own neighbors' properties and their businesses in the same residential zone. This is unconscionable. Note: in 2005, the Quellos paid only $2,714 in property taxes for 2.05 acres and a 3648 sq ft house worth $790,970(WA county)-980,000(market). Their adjacent neighbor north at 16425 SW 93rd Ave paid $2,828 - for a 1,712 sq ft house on 0.23 acre. The adjacent neighbor south at 16585 SW 92nd Ave paid $4,438- for a 3,004 sq ft house on 1.31 acre. • For any public officials to knowingly subvert public policy (appropriate land-use regulations) in order to reward such corroborated improprieties and ingratitude with inequitable exclusive commercial privileges—and then apply that sham citywide to • 7 Jerree Lewis - Brewins-written_testimony.41) Page 8 facilitate it - would be patently wrong, and against the public interest. Procedural Disqualifications—Vague and Insufficient `Public Hearing Notice' The City of Tigard did not provide adequate or specific enough notice to its citizens of the public hearings, especially to each of the handful of residentially-zoned neighborhoods directly affected. The"Public Hearing Notice" (which we request the city planning staff submit to include as part of the record' was received during the last few days of October. However, the Public Hearing Notice does not specify any of the locations of so-called"historic"overlays in residential zones. Most Tigard property owners are not familiar with generic "historic overlays," nor with unmarked alleged "historical sites" in their neighborhoods, nor with misleading and confusing, incorrect markings of historical sites, nor even regarding the existence of a historic site on private property in their neighborhood. The Public Hearing Notice does not properly inform the recipients that one of these sites is in their neighborhood and that they may be directly impacted by the land- use decision. Specifically,the Public Hearing Notice does not disclose the street address of any property affected by the zoning. The Public Hearing Notice does not even disclose where one can find this information posted. The Public Hearing Notice does not reveal major details of the proposal which any reasonable person would want to know. All of these facts are contrary to prevailing Oregon statutes. [Reference to: ORS 197.763(3)(a), 197.763(3)(c), and ONRC v. City of Oregon City, 29 OR LUBA 90,97 (1995).1 The Notice Request states: "The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones." The Notice does not mention that the "conditional use"is in fact"commercial," that there are broad "commercial uses" involved for"direct or indirect compensation," that these code changes would allow currently prohibited "commercial uses" in residential zones and on private properties, that such commercial uses could include up to 200 people and their automobile traffic/parking at events and might be totally unrelated to any bona fide historical purposes, that this new category of proprietary exclusive uses would be inequitable vis a vis other residentially-zoned property owners (even adjacent neighbors), and that these inequitable,granted uses could be perpetual - and might proliferate in the future. Mr. Brewin alerted the Tigard planning staff(Mr. Sean Farrelly) of these Notice deficiencies in a legally recorded phone conversation that took place 2:20-3:00 pm on Monday, October 30'h. Mr. Farrelly admitted that he did not list any information about how the Public Hearing Notice recipients could access this vital land-use information, including the proposed code text changes. Mr. Brewin found some of this information eventually on the internet, after a time-consuming search. Most Tigard citizens would • 8 Jerree Lewis - Brewins-written_testimm.doc • Page 9 not know where or how to access this information, and about 40% of Tigard's citizens do not have internet access at home. At the very least,the City of Tigard should have mailed: 1) a two-sided sheet with the Proposed Development Code Text Changes to all the Public Hearing Notice recipients, along with 2) the specific addresses of the private properties affected by this rezoning and creation of an entirely new broad commercial use category to be applied in their residential neighborhoods. The city should also have provided 3) a list of related documents and background material which citizens could access on the city's own website (including the proposed code text changes, the web page with the list of historical sites, the Agenda and Minutes of August 15,etc.). When none of this information was again forthcoming via USPS, let the record show that Mr. Brewin again contacted Mr. Farrelly(who was unavailable), this time leaving a phone message later on Wednesday,November 1, informing Mr. Farrelly that the planning staff should have notified affected neighboring property owners regarding the address of the affected historical site[s], the actual code amendment text changes,and links to the germane factual and specific documents. Mr. Brewin also referred to past City of Tigard planning staff Public Hearing Notices sent in the past(e.g. Steve Turner, SW 1 13`h Place), which customarily and clearly specified the property address location and the detailed, requested commercial uses, or development,code changes, etc.. Ex parte contacts: The City of Tigard planning staff needs to publicly divulge all ex parte contacts with Mr. Quello(and the nature thereof). In the course of conversations with a neighbor(the owner of the Charles F. Tigard house), Mr. Brewin learned that Mr. Quello had obtained the name and contact information of this property owner(and possibly others)regarding her historic house, and had indeed phoned her about the matter, soliciting support. Mr. Quello probably could not have found this information, unless he had been aided by the city staff in networking with other historic property owners. (Who? And How?) To date (11/8/6), concerned affected neighboring property owners of this code amendment proposal have not been likewise assisted in networking with similarly concerned property owners in other affected residential zones. Timing of the Public Hearing Notice: the generic, single sheet Public Hearing Notice arrived via USPS along with dozens of election and campaign-related bulk materials. City of Tigard officials and staff should NOT have scheduled the notice at the peak of election mailings(when it would be overlooked and not readily understood by most recipients), and should not have scheduled hearings in such a hasty, flawed, improperly conducted process. Similarly, the associate planner handling this matter, Mr. Farrelly, is on vacation until November 15 and is unavailable to answer questions, provide information, or process testimonial letters pertaining to the code amendment proposal,etc. Official Admission of Omission: Mr. Farrelly also acknowledged to Mr. Brewin on October 30th, that neither he nor anyone else on the city planning staff had visited and inspected all the"historic sites" involved. Since there are only five historic sites 9 Jerree Lewis - Brewins-writtentestimony.th Page 10 on private properties in residential zones, this should have been an easy feat,given that the city planners have had almost three months' preparation for the staff report. (Note: The John Tigard House is administered by a non-profit public entity, the Tigard Historical Association, c/o the Tigard Public Library, and Windmill Park is public property, too. The Grange Hall and Joy Theater are in commercial zones,and the Durham school is a Tigard-Tualatin public school.) Mr. Brewin himself drove to all the historic sites in a single afternoon, November 7,taking photos and noting factors at the locations. How could the city planners even prepare a staff report and recommendations, without first carefully inspecting these properties and locations? A reminder: The Oregon and United States Constitutions govern all actions of government. The constitutional principles of fairness and"due process" in particular are applicable to all land use decisions. The City of Tigard has neither practiced fairness nor "due process" in irresponsibly failing to disclose the most critically relevant and necessary vital information to recipients that should have been contained in the Public Hearing Notice,or contained in a supplemental explanatory sheet that was never prepared,expedited,or included with the Notice. [Again, refer to: ORS 197.763(3)(a), 197.763(3)(c), and ONRC v. City of Oregon City, 29 OR LUBA 90,97 (1995)1 A corresponding city planning staff report and its assertions are likewise faulty. Furthermore, state land-use planning Goal 1 also requires citizen involvement in all phases of the planning process. To date(11/8), official City of Tigard communications have systematically worked to misinform and confuse citizens, and to effectively limit and hinder wider citizen involvement in this legal land-use process, as a direct consequence. Conclusions: This land-use process has already not fulfilled important legal and ethical criteria, and this rushed process(rife with misrepresentations) has evidently failed the citizens of Tigard in a number of areas where the citizens are depending solely upon the City of Tigard's officials and staff to act responsibly, fairly, and competently. Thus, the proposal should be rejected and shelved—or begun all over again, with any proposal very limited and more appropriate in scope, and the process handled more satisfactorily. Argument II: Substantive facts and substantial issues raised which are directly germane to the proposal and conditional uses do NOT support changing the current developmental code, on this subject, as proposed. The Proposed Amendments to the Community Development Code are unnecessary, unreasonable, insupportable, and drastic word changes (and not electorate-based, not popularly based) to the Community Development Code, which would not only create a specifically NEW "commercial use"category, but force prohibited, excessive, and totally inappropriate and invasive"commercial uses" into and upon established 100% residentially zoned neighborhoods, including arbitrary and draconian inequitable policies which would grant unwarranted unfair exclusive commercial privileges to certain 10 Jerree Lewis- Brewins-written_testim .doc Page 11 • property owners, while denying their adjacent neighbors(and their businesses) these same special "conditional use" perpetual privileges,and furthermore not providing for guaranteed monitoring and protections,and further offering these city-selected private property owners special "incentives for maintenance." It is inappropriate to grant perpetual exclusive commercial use privileges to a handful of private property owners in residential zones, and not also to their neighbors (or to these neighbors' competing registered businesses). The development code change would only be fair and appropriate if these"historical sites" were owned by secular non- profit historical associations,or publicly owned,operated,and maintained, and in more appropriate zone locations,and used for strictly bona fide historical purposes. It is contrary to established American notions of free commerce for any local government to institute and grant new commercial monopolies and inequitable land-use policies which favor a small group of individual private property owners -- in place of already pre- existing, sound, equitable local land use policies --thereby unfairly harming other preexisting property owners and their rights, and in the same residential zones. It is discriminatory to give permanent exclusive commercial use privileges to.a handful of • private property owners in residential zones, and not to their neighbors(or their businesses), too. That is akin to recreating a feudal system of privileged lords and landed gentry. It is plainly un-American and runs contrary to every notion of fairness. • This peculiar"ex post facto"superimposition of a new category of commercial uses and new code amendments upon established neighborhoods and residential zones is ill- advised, uninformed, and would be reckless public policy. The proposed "commercial use types" are too broad and do not even necessarily or appropriately pertain to bona fide"historical" purposes or uses. "Parties," "weddings," "luncheons," etc. do not typically serve historical purposes. There is therefore no reasonable basis to justify(or even consider) any types of meetings/events which do NOT directly pertain to the cultural history, archival history,or verifiable authentic preservation of alleged "historical sites." The origin of this proposal by the City of Tigard lies in the attempt by two city councilors to assist a single property owner, Mr. Quello, in his self-serving bid to commercially profit from prohibited commercial activities at his residentially-zoned address, where he has already held legally-questionable events that constituted prohibited public nuisances. Moreover, Mr. Quello is already deriving the generous benefit of very low assessed property taxes on his valuable estate, especially in comparison with other private residential properties [tax lots] and unique houses of similar size and condition. He certainly does not need public assistance—or government-sanctioned welfare, let alone special monopolistic commercial entitlements. He can always sell the property— for a huge profit. Further, any maintenance of and improvements to the Quellos' private property inure directly to their own financial benefit, and not to the public's benefit. The proposal is nothing more than a selective and improper government handout. 11 • Jerree Lewis - Brewins-written_testimony. Page 12 The number of events [18] is excessive, and the number of permitted attendees even more excessive–to the extreme [up to 200]. These arbitrary numbers conjured up by city staff do not even take into consideration the widely varying suitability of locations, the building sizes, the available parking(or lack thereof), the amenities/lack thereof, public and non-discriminatory ADA (Americans with Disabilities Act)accessibility. If the weddings/parties were all held during the summer months,there would likely be an event every single weekend and holiday from Memorial Day through Labor Day. This would ruin the peaceful living environment for neighbors in every residential zone where such commercial uses transpired. The city planner has also stated that, were this proposal approved, the number of events allowed could also possibly be increased in the future, changing these residential historical sites into permanent year-round commercial event facilities in the middle of residentially-zoned neighborhoods. There is also no mention anywhere in the proposal of responsible necessary on-site monitoring of these properties by the City of Tigard during the proposed weddings, parties, events, etc., r.e. the number of events, number of attendees per event, noise compliance and measuring decibel levels, etc. (and particularly on weekends, holidays, and evenings --when City of Tigard offices are closed and the regular city staff and code enforcement officer are NOT even available–and when such events would be most likely to occur!). The city planners do NOT have extensive or in- depth professional events experience or knowledge,they are not audio experts,they are not crowd control experts, and they are uninformed and unqualified to offer any reliable opinion in the matter of events planning/monitoring+and event site use (especially regarding private properties in residential neighborhoods). The City of Tigard does NOT properly enforce noise nuisances already(e.g. the unauthorized Gianola property party on SW Fonner of July 29, which blatantly violated numerous city ordinances/codes–including blasting neighbors at 85-100 decibels at a radius of more than '/4 mile from his property and creating a road hazard on SW Fonner and SW 115th, for five hours; city officials coddled it and even made false statements about it to inquiring citizens, both during the illegal party and then for more than a week afterwards). Is the city prepared to monitor and measure the decibel noise level (not to exceed 50 db) of every single event held at these arbitrary historical locations, and respond immediately to every noise complaint—which would inevitably arise from such uses(and most likely on weekends, holidays, and evenings)? And how many police officers routinely carry decibel meters, calibrated weekly,and are trained in their use? Is the city prepared to have a staff person on-site to monitor the number of events, and monitor with absolute confirmable verification (for all public inquiries) the number of persons attending each and every event? Also, routinely coordinate and monitor for non- discrimination in event, meeting, wedding scheduling, hiring and pricing,accessibility, etc.? Actual, on-site monitoring and enforcement of the"conditional use" on a regular basis, and on a moment's notice, is NOT mentioned anywhere in the proposal. What city staff persons will be assigned to monitor each and every event, party, 12 Jerree Lewis - Brewins-written_testi .doc Page 13 wedding, fund-raiser for absolute compliance (and 7am-9pm)? There is no provision for this clear necessity–involving projected weddings, parties, fund- raisers,after all. The monitoring and compliance can not simply be left up to the property owners or managers of such proposed/designated sites in residential neighborhoods. This is untenable and insupportable; it is unverifiable and problematic. It is similarly untenable and totally unreasonable to place the further burden of monitoring these sites upon the affected surrounding neighbors. That would be a case of the city shirking its public duty–and passing it onto the victims of officials' own irresponsible actions. There is no way these old houses can safely accommodate more than a few dozen people for an event. There is no way the properties can accommodate 40-200 of people at any event(especially a wedding or party)without there being a public noise nuisance which exceeds the legal noise decibel levels(50 db,or anything which disturbs the peace and repose in a "noise- sensitive" unit (a residence)),and especially as this pertains to any events (or portions thereof) held outdoors on the residentially-zoned properties. The proposed code amendments do not contain any requirement for visual "screening," i.e. solid hedge,wall,or fence 6-8 feet in height, to prevent flagrantly violating the privacy of affected adjacent properties in these residential zones. While several sites on the city's list of so-called "historical sites" are already suitable and used for regular and large events and/or meetings (the Grange Hall, Durham School and Joy Theater),the houses and private properties listed in residential districts are clearly not suitable nor appropriate. The aforementioned hall,school, and theater and properties were all designed for meetings and/or events or public use. However,the private houses in residentially-zoned neighborhoods were clearly and historically NEVER designed nor intended for such commercial and broad uses as proposed by the city planning staff. These houses were not built to standards required by commercial codes, nor for meetings/events, nor according to any federal and state guidelines/specifications for disabled access. Furthermore, there is already a more than plentiful enough supply of existing rental facilities of all types, halls, banquet rooms, etc. available for events and meetings all over Tigard and nearby in the area— in appropriately constructed public and commercial buildings and churches in appropriately zoned areas, in addition to outdoor public parks. The five"historical" private properties in residential zones are each adjacent to a number of other residential properties with houses. Any meeting and event use would inevitably regularly violate some surrounding neighbors' privacy, and certainly constitute a regular prohibited noise nuisance(weddings, parties, receptions, fund-raisers). It would be virtually impossible to have a wedding or party etc. for 40-200 people at any of these locations inside these older frame houses -- let alone outdoors -- that will NOT violate the noise nuisance ordinances, including penetrating the interiors of the surrounding "noise-sensitive" units/residences. Some people and children need sleep sometimes 7am- 9pm. • 13 Jerree Lewis - Brewins-written_testimony.. Page 14 PHOTOS: The attached photos will provide some insightful information about these alleged"historical sites." Shaver-Bilyeu House: 16445 SW 92". Shaver-Bilyeu_1.jpg demonstrates that Mr. Quello is not preserving the historical and cultural identity as guardian of a historical house. The Quellos are pretending that a place called"Quello House"was established in 1892. Likewise, the Quellos are falsely representing that The Flower Farm was established in 1892 (Shaver-Bilyeu_2.jpg)and not in the 21"century. The SW 92"a street parking (east side) is reserved for the high school uses, and parking on nearby streets is restricted. A state-of-the-art public event facility and meeting rooms are nearby at the high school, and Cook Park is down the street, with city-administered outdoor free and rental facilities. Gaarde house: The Gaarde house at 11333 SW Gaarde is located on a busy street with no parking. The photos (Gaarde_l.jpg and Gaarde_2.jpg)show the close proximity of the next-door neighbor's house. Seven Gables Upshaw House: 9890 Peppertree Lane. This house is located on a quiet cul-de-sac. The photo, PeppertreeLane_l.jpg, shows the close proximity to the next- door neighbor. The photo also shows that the house has been seriously altered. There is a modern garage and roof, and other alterations and additions. This greatly diminishes any historical significance, especially architectural. PeppertreeLane_2.jpg also shows the proximity to the neighbor's house. Charles F. Tigard house: The house at 11180 SW Fonner is set back about 200 yards from the street and is accessible only by a narrow gravel/dirt right-of-way. The street photo (CharlesFTigard_1.jpg) shows the street has no parking, no shoulders, and that cars routinely swerve across people's front yards. CharlesFTigard_2.jpg shows the narrow right-of-way access to the property. This right-of-way is also not suitable for parking; both sides of the path belong to the adjacent neighboring properties. The photo, CharlesFTigard_3.jpg , was shot from the house at 11205 SW Morgen Ct, and shows the close proximity of the Tigard house. The photo, CharlesFTigard_4.jpg, was shot inside the property of 11225 SW Morgen Ct. and shows the very close proximity of the Tigard house to this neighbor. The photo, CharlesFTigard_5.jpg was shot from the house at 11225 SW Morgen Ct. and shows the close proximity of the Tigard house. This house is situated in a fragile eco-system and natural wildlife habitat, with one of Tigard's remaining intact small forests of old-growth firs, and thousands of nesting and migratory birds, some of which are endangered protected species. (see: Oregon Goal Five) A newer subdivision (SW 113' P1.) is adjacent to the trees and growth. The owners(C. Schultheis) have stated they do not wish to hold commercial events etc. here, and that it would not be appropriate in this location. Note: The Charles F. Tigard house is not at its original site. This is not the"historical site" of the house. It was moved in 1980. Its original location was by Highway 99 (near Elmer's Restaurant and the discount furniture outlet store). The roof has been changed to composition, the basement and foundation are also not original, and it has been remodeled inside. A house that has been moved loses intrinsic significance as a historic place. The more important historical site and building relating 14 Jerree Lewis - Brewins-written_testim .doc • Page 15 • to Charles F. Tigard was his general store. Ripley's Furniture/Gardener's Choice is a more historic building, and was the store moved from across the street(99W). Tigard Farm and Windmill: This house at 10525 SW Tigard St. is located on a block with posted"No Parking" signs. It is surrounded by apartment complexes. The two photos, Tigard_Windmill_l.jpg and Tigard_Windmill_2.jpg clearly show the very close proximity of a large apartment building to the windmill and property. The other"historical sites" in residential zones are not private properties. The John Tigard House is located at 10310 SW Canterbury Lane. The photo, JohnTigard_l.jpg, shows the location of the tiny house at the intersection of two streets. The photo,JohnTigard_2.jpg shows that the house is a museum used for legitimate non-profit historical purposes. This house has also been moved from its original site (near Highway 99W). This is not the"historical site." Windmill Park is a city park located on SW 1215`. Nevertheless, it is located close to neighboring houses, as shown in the photo(WindmillPk_I.jpg). Historical observations: In the larger context of history, none of these houses is • important or significant nationally. Only in a small-town like Tigard would some of these houses be deemed worthy of any historical designation. For instance, on the east side of Portland,there are hundreds of houses that are as old (or older)which probably have more historical and architectural importance. Yet,hardly any of those houses is officially designated as"historical." On the East Coast,there are thousands of houses that are hundreds of years old. What will happen in the future, if the City of Tigard simply designates every older house, farm, or business as"historical?" (And which panel of professional historians has the city authorized for such purposes?) Moreover, if the city approves the code amendment proposal and designates more and more houses as "historical" in the future, then there will be more nuisance properties with exclusive monopolistic "commercial uses" in residential neighborhoods all over the town. The only house in Tigard that should be officially recognized and accorded any special uses is the John Tigard House, because it is the oldest and has the most historic importance,it is owned and administered as a public non-profit historical site by the Tigard Historical Association, and it serves the public for strictly historical purposes. By comparison, the City of Beaverton has two historic house sites,the Jenkins Estate and the Fanno Farmhouse. Both sites are publicly owned (the Tualatin Hills Park and Recreation District). The Jenkins Estate is situated on 68 acres, away from all neighbors, has seven buildings and three support structures. Anyone may rent the Jenkins Estate, through the public park district. No amplified music or sound systems are permitted, indoors or outdoors, not even a microphone. (Mr. and Mrs. Brewin were married there.) Similarly, the publicly owned and administered Fanno Farmhouse is situated on 14 acres next to a main arterial street. Both the Fanno Farmhouse and the Jenkins Estate are suitable venues and properties for events, meetings, weddings, parties, etc. They are 15 Jerree Lewis - Brewins-written_testimonylli • Page 16 publicly administered and they are not the source of any public nuisances. That's a major difference between the way the City of Beaverton operates and what the City of Tigard is proposing, r.e. historical houses and conditional uses. While some counties allow conditional uses in rural unincorporated areas, most reputable cities do not permit such inappropriate commercial uses in residential zones. Furthermore, truly historical houses and sites are not used for non-historical purposes (e.g. Hoover-Minthorn House [Newberg],John McLoughlin House [Oregon City) www.mcloughlinhouse.org/, Fort Clatsop http://www.nps.gov/lewi/planyourvisit/fortclatsop.htm). Conclusion: There is therefore NO justifiable need or rationale for any further amendments to the community developmental code, on this subject, and especially pertaining to speedily and deliberately revoking zoning protections which currently protect the public and prohibit invasive broad commercial uses or public nuisances encroaching into residentially-zoned neighborhoods. The persons who purchased these five historical homes (or who sought"historical" status)knew they would have to maintain their own homes;and it inures solely to their own benefit, too. In one case, newer private property owners (i.e.the Quellos) themselves sought the historical designations,and have already been reaping the rewards —in the form of low property taxes. In 2000, a previous Zoning Ordinance Amendment (ZOA2000-0001) sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. It should be reminded that tens of thousands of residential property owners, families, bought their properties—their homes-with the existing zoning, and code prohibitions and protections, and the reasonable expectation that these sensible prohibitions and protections for residential zoning would be lasting and enforced. The City of Tigard's elected and appointed officials should wisely protect carefully crafted existing residential zoning protections and not confer inequitable monopolistic commercial uses and rights upon a small group of private property owners (nor specifically on behalf of any person[s]), nor thereby or otherwise irresponsibly create unmonitored public nuisances, harming numerous other citizens, their properties and property values in the process—but rather exercise prudence and uphold the public trust. Sincerely, 1) Michael Brewin, 2) Sharon Brewin, property owners, 11225 SW Morgen Ct., Tigard, Oregon, USA 16 Jerree Lewis - Brewins-written_testir .doc • Page 17 and 3) Michael Brewin, SOULJAZZ LLC, • a Tigard, Oregon, United States business • • • • • • • 17 Jerree Lewis - 060815Agenda[1].pdf • Page 1 •i RcyisedAuiaist 1 1.22006..\ddcd a short busincssniectun-,sec Page 3. August 22 Council Nlectingis canceled. 1111 • TIGARD CITY COUNCIL WORKSHOP AND BUSINESS MEETING August15,2006-6:30 p.m. TIGARD CITY HALL TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Upon request,the City will endeavor to arrange for the followingscr-iccs: • Qualifiedsign language interpreters for persons with speech or hearingimpairments;and • Qualifiedbilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m.on the Thursday preceding the meeting by calling. 5113-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunicaions Devices for the Deaf). SEE AT-FACEED AGENDA COUNCIL AGENDA—AUGUST 13,2006 page 1 Jerree Lewis - 060815Agenda[1ipdf . Page 2 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING AUGUST 15,2006 631,1,\I 1. WORKSHOP MEETING 1.1 Call to Order—Tigard City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. RECEIVE SITE COMMT1TEE UPDATE-SENIOR CENTER REMODEL • SraffReport: Administration Department 3. DISCUSS ROLES AND RESPONSIBILITI ES OF THE CITY CENTER ADVISORY COMMISSION(CCAC) • SraffReport: Community Development Department I. DISCUSS TOWN HALL AUDIO-VISUAL UPGRADE • Staff Report: Financialand Information Services Department • 5. DISCUSS WHETHER TO INITIATE A DEVELOPMENT CODE AMENDMENT TO ALLOW NON-RESIDENI1AI. USES IN A RESIDENTIAL ZONING DISTRICT Al THE QUELLO HOUSE AND SIMILAR PROPERTIES • StaffReport: Community Development Department COUNCIL AGENDA—AUGUST 13,2006 page 2 Jerree Lewis 060815Agenda[1].pdf • • Page 3 6. DISCUSS cm- COUNCIL REPORT CARD • Staff Report: Administration Department 7. UPDATE ON THE STATUS OF THE 21106 CITY COUNCIL GOALS • Staff Report: Administration Department TIGARD CPII COUNCIL BUSINESS MEETING AUGUST 15,2006 8. CONSIDER AN AMENDMENT TO THE CITY COUNCIL GROUNDRULES a. Staff Report: Administration Department b. City Council Discussion c. City Council Consideration: Resolution No.06- 9. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 9.1 Approve Council Minutes for July 18,21.106 9.2 Appoint Building Appeals Board Member-Resolution No.06-_ 9.3 Approve Budget Amendment#4 to the FY 2006-07 Budget to Increase Appropriations in the Gas Tax Capital Projects Budget within the Community Investment Program for Additional Funding for the Hall Boulevard Sidewalk Project—Resoluuon No.06- 9.4 Approve Budget Amendment#5 to the FY 3006-07 Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—ResolutionNo.06- 9.5 LocalContract Review Board: a. Award Contract for the Construction of the FY 2006-07 Pavement Major Maintenance Program(P,MJIP)—Phase I b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities • ConntAgeida-ltensRemvaiforSeparateDisvfiai: Anyi terns requested tobe removed franthe Cmsnt Agenda for.for xparate disyssion will be ox7siderai immeeiiatdyafte~the Coundl has vote/cn those i tans which do not neil diffusion. 10. COUNCIL LIAISON REPORTS • 11. NON AGENDA ITEMS COUNCIL, AGENDA—AUGUST 15,2006 page3 Jerree Lewis 060815Agenda[1].pdf • • ,Page 4 12. EXECUTIVE SESSION:The Tigard City Council may fay into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Rcpresentati yes of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT ■aamonyc 02006a60815,.:aoaoc COUNCIL AGENDA—AUGUST 15,2006 page 4 Jerree Lewis - 060815Minutes[1].pdf • • Page 1 • Agenda Item No. (0, / For Agenda of R. j vu, TIGARD Tigard City Council Workshop and Business Meeting Minutes Date: August 15,2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard,Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff • Agenda Item Discussion&Comments Action Items (follow up) Workshop Mayor Dirksen called the City Council and the Local Meeting Contract Review Board to Order at 6:30 p.m. 2. Receive Site Risk Manager Mills summarized the Staff Report. Council consensus was to Committee proceed with the Senior Update— Below is a summary of the discussion: Center Remodel process. Senior Center > Risk Manager Mills introduced Senior Center City Manager Prosser Remodel Executive Director Joan Smith and a advised that with Council representative of the Loaves and Fishes and City direction to proceed,funds of Tigard Site Committees Bill Gerkin. have already been ➢ Councilor Sherwood advised she needed appropriated for this project. clarification on the remodel.She said that since Staff will proceed to spend more than$1 million will be spent on the up to$100,000 of this year's project,she wanted to make sure a full Community Investment commercial kitchen is planned. She noted the Program funds for need for a facility available for groups to access a architectural work to get a commercial kitchen for community events, conditional use application fundraisers,etc. started for the remodel. • Mr.Gerkin reviewed activity experienced with other senior centers in the region and the Risk Manager Mills advised populations served. that before proceeding with > The Tigard Senior Center needs to be updated, architectural and engineering which would benefit Meals on Wheels and design bids to be funded provide opportunities for more activities and to with the second half of the expand activities already taking place. funds allocated for this fiscal > Councilor Woodruff advised that the City year(an additional$100,000), Council is supportive of the remodel,but wants staff will return to the City to provide for growth in the Center's use. Council. > Ms.Smith said some scratch cooking is now Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 1 Jerree Lewis - 060815Minutes[1].pdf • ,Page 2 Agenda Item Discussion&Comments Action Items(follow up) done at the Senior Center. D Loaves and Fishes will pay for part of the remodel. D Ms.Smith said,depending on the amount that might be awarded by the CDBG,the Tigard Senior Center remodel plans might need to be pared down or they will need to do additional fund raising. D Ms.Smith said they have worked with a kitchen architect to design a kitchen that meets commercial standards. • Risk Manager Mills noted that the remodel could occur in phases as funding is identified. • D Risk Manager Mills advised the goal is to have this project finished by June 2008. 2. Discuss City Center Advisory Commission members present: Council members agreed Roles and Chair Carl Switzer;Commissioners Carolyn Barkley, they would like more time to Responsibilities Gretchen Buehner,and Alice Ellis Gaut review the draft Bylaws and of the City scheduled another discussion Center Community Development Director Coffee on September 19,2006. Advisory introduced this agenda item. Commission Senior Planner Nachbar distributed a marked-up draft of the Bylaws noting this document reflected changes suggested by the CCAC. Key points of the discussion follow: • Section 1 outlines"charge and duties": o Bylaws should be reviewed to assure compatibility with the Urban Renewal • • Plan. o Discussed the situation where another urban renewal district might be formed in Tigard. Speculation on whether another CCAC might be needed or adjustments to the existing CCAC. D Chair Switzer advised of the detailed review by CCAC members. The CCAC members wanted to create a document to provide guidance if there should be a leadership change,provide for a minority report,and clarify the purpose and procedures of the CCAC. D Discussed representation of community interests from the membership of the CCAC. ➢ A representative from each interest group is not Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 2 Jerree Lewis- 060815Minutes[1].pdf• • Page 3 Agenda Item Discussion&Comments Action Items(follow up) necessary;however,interest groups should be invited to the table so the CCAC can receive their input. ➢ If care is taken to select a broad cross-section of the community,then there will likely be a good representation of interests. ➢ Chair Switzer said CCAC members felt they should have input on selection of members to the CCAC. Mayor Dirksen commented that this would be unusual as this is not how appointments are made for other boards and committees. Assistant City Manager Newton added that this would require an amendment to the resolution regarding how appointments to boards and committees are done. After brief discussion,Councilor Wilson suggested it was good to have open lines of communication to receive input from the CCAC,but questioned whether it was necessary to codify this as a requirement in the Bylaws. ➢ Community Development Director Coffee advised that if the Bylaws require that the membership reflects representation of certain interest groups within the community,how members are removed should be outlined. Chair • Switzer directed attention to Section 4,"Term of Office." ➢ Councilor Harding noted the need for better recruiting efforts for members and supported having Committee members assist with this process. ➢ Councilor Wilson suggested that the representation of a broad spectrum of community members within the membership of the CCAC be a goal and not a"hard and fast rule." ➢ Councilor Woodruff said Section 3(a)(2) regarding the composition of the CCAC is not needed. There was general agreement to delete this wording. ➢ Commissioner Ellis Gaut noted there is a section in the draft Bylaws allowing a vote by • proxy. ➢ Section 7 outlines the Commission members' responsibilities,including wording on acting with respect and consideration for the viewpoint Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 3 Jerree Lewis - 060815Minutes[1].pdf • Page 4 Agenda Item Discussion&Comments Action Items(follow up) of others. > Removal of members is outlined in Section 10. • Mayor Dirksen confirmed,in response to a question from Commissioner Barkley,that the CCAC is a"Commission"not a"Committee." These two terms have been used interchangeably —use"Commission." 4.Discuss Information Technology Director Ehrenfeld Town Hall introduced Mr.Lon Cudy of New World Audio Audio Visual Video. Mr.Cudy was awarded the contract to Upgrade analyze the current condition of the Town Hall audio/visual capabilities. Mr.Cudy reported he has observed several deficiencies with the audio system in Town Hall. The following represents the key points discussed: > Town Hall audio/video(a/v)system should accommodate overflow crowds;i.e.,lobby enhancements and/or off-site viewing. > Mr.Cudy proposed a large overhead screen on the wall behind the City Council dais for easier audience viewing; people seated at the dais would be able to view presentations on computer screens. > Mayor Dirksen and Councilor Harding noted issues with their laptop computers,including that the batteries no longer hold a charge for very long. > Mr.Cudy noted the multi-purpose uses of the Town Hall. He suggested that one person operate the controls of the a/v system during the meetings;i.e.,the recorder or secretary. • Mr.Cudy recommended headset microphones for best results. • Sufficient microphones for everyone seated at the dais and the public testimony desk are needed. > Councilor Sherwood noted a preference for turning on the microphone when an individual wants to speak. > Review of the system will include a testimony timing system and digital recording. Mr.Cudy said he would like to"clean up"the system;do away with the numerous power cords that are visible. Mr.Cudy said he plans to develop a Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 4 Jerree Lewis - 060815Minutes[1].pdf• Page 5 Agenda Item Discussion&Comments Action Items(follow up) system that will be good to use ten years from now. ➢ City Manager Prosser noted the need to determine what a/v equipment will be made available for public use. 5. Discuss Community Development Director Coffee advised After discussion,consensus Whether to that City Council members Harding and Woodruff of the City Council was to Initiate a indicated interest in facilitating the use of the Quello initiate the Community Development House for limited commercial use. Development Code Code Amendment process for • Amendment to City Manager Prosser explained the process for this consideration of establishing Allow Non- matter. If a Code Amendment is considered to set an overlay zone or Residential up a procedure for a conditional use permit,the conditional use process. Uses in a legislative hearing process would be followed. If the • Residential Code Amendment is approved,Mr.Quello would Zoning District need to apply for a Conditional Use Permit by going at the Quello before the Hearings Officer;this would be a quasi House and judicial hearing. Similar Properties Mr.Quello spoke to the City Council. He submitted a written statement outlining how a conditional use approval would benefit his property. A copy of this statement is on file in the City Recorder's office. His key points were: ➢ There is a need in the City of Tigard for this type of facility. ➢ The Quellos are willing to share this facility with the community at no cost to the taxpayers. • ➢ Historic property will disappear if a way is not found to make such property viable. In response to a question from Councilor Sherwood,Mr.Quello advised he and his wife have no plans to use this facility as a Bed and Breakfast Inn. Councilor Woodruff commented that the 100-year old,restored Quello home is an asset for the City of Tigard. He said he would like to figure out a solution so a property such as this does not get sold for development. He said he understands there was neighborhood opposition to the events held at the Quello house in the past. Councilor Woodruff said he supported reviewing this again. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 5 Jerree Lewis - 060815Minutes[1].pdf • • Page 6 • Agenda Item Discussion&Comments Action Items (follow up) Councilor Wilson said he was serving on the Planning Commission when this issue came before the City last time regarding the Quello property. While the alternative might be that the property will be sold to a developer,there was a need to balance neighborhood concerns. Mr.Quello acknowledged the issues previously, which he characterized as a learning experience. At that time,weddings were being conducted on the property. If he is allowed to have events on the property,he said he would agree to restrictions, including rules regarding amplified music and the use of"DJ's." Discussion followed regarding parking and concerns that might arise.Community Development Director Coffee suggested that conditional use standards could be developed to address these types of issues. Mr.Quello advised the Quello House was listed on the National Historical Site registry,which must be renewed every 15 years. He will need to reapply next year to retain this designation. Councilor Harding supported another review and coming up with something creative for the Quello House. Councilor Sherwood said she would be happy if a good compromise could be found. She suggested that Mr.Quello talk to his neighbors to build support for his proposal. Community Development Director Coffee referred to the process for a Community Development Code text amendment to allow conditional uses on historical sites. The legislative hearings on a proposed text amendment would take place before the Planning Commission and the City Council. He reiterated that if the text amendment is approved, the conditional use approval for a specific site will be held before the hearings officer. Neighbors would be notified of this conditional use hearing. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 6 Jerree Lewis - 060815Minutes[1].pdf • Page 7 • • Agenda Item Discussion&Comments Action Items(follow up) 6. Discuss City Assistant City Manager Newton presented the staff After discussion,City Council Report report. Council members agreed that Card staff should review the At the May 16,2006,City Council meeting,Council report card draft and make members asked that the Committee for Citizen appropriate grammatical Involvement review and provide comments on the changes. Room should be proposed Council report card. Councilor Sherwood left after each question for noted that she and Councilor Woodruff came across written comments. The the report card idea and thought this would be a Report Cards will be good evaluation tool for Tigard City Council. submitted to Board and Councilor Woodruff suggested using the proposed Committee Chairs and the format this year and modify as needed. Report Executive Staff. Names of • cards could be done every year or two. persons filling out the card will not be requested; however,the City Council would like differentiation between the two groups;that is,identify whether the form was completed by a Board/Committee member or an Executive Staff member. 7. Update on Assistant City Manager Newton presented the staff the Status of report. The summary of progress made on the City the 2006 City Council goals for the second quarter of 2006 is on Council Goals file in the City Recorder's office. 8. Consider an City Council discussed the Council Groundrules on Motion by Councilor Amendment to July 11,2006. The following wording was proposed Sherwood,seconded by the City for consideration as an addition to the City Council Councilor Woodruff,to Council Groundrules: Council members should attempt to give at adopt Resolution No.06-51. Groundrules least 24 hours'notice,by advising the Manager and the City Recorder of a request to remove a Consent Agenda item The motion was approved by for separate discussion. a unanimous vote of Council present. RESOLUTION NO.06-51 —A RESOLUTION AMENDING THE COUNCIL GROUNDRULES Mayor Dirksen Yes (EXHIBIT A)AND SUPERSEDING Councilor Harding Yes RESOLUTION NO.04-83 Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 9. Consent Mayor Dirksen reviewed the Consent Agenda before Motion by Councilor Wilson, Agenda the City Council: seconded by Councilor Sherwood,to approve the 9.1 Approve Council Minutes for July 18,2006 Consent Agenda. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 7 • Jerree Lewis - 060815Minutes[1].pdf 41111 • ,Page 8 Agenda Item Discussion&Comments • Action Items(follow up) 9.2 Appoint Building Appeals Board Member- Resolution No.06-52 The motion was approved by a unanimous vote of Council A RESOLUTION OF THE TIGARD CITY present. COUNCIL APPOINTING DAN PELISSIER TO THE TIGARD BUILDING APPEALS Mayor Dirksen Yes BOARD Councilor Harding Yes Councilor Sherwood Yes 9.3 Approve Budget Amendment#4 to the FY Councilor Wilson Yes 2006-07 Budget to Increase Appropriations in Councilor Woodruff Yes the Gas Tax Capital Projects Budget within the Community Investment Program for Additional Funding for the Hall Boulevard Sidewalk Project —Resolution No.06-53 • A RESOLUTION APPROVING BUDGET AMENDMENT#4 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX CAPITAL PROJECT BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE HALL BOULEVARD SIDEWALK PROJECT 9.4 Approve Budget Amendment#5 to the FY 2006-07 Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—Resolution • No.06-54 A RESOLUTION APPROVING BUDGET AMENDMENT#5 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE PARKS CAPITAL PROJECTS BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE TUALATIN RIVER/COOK PARK TRAIL FROM GARDEN TO BRIDGE PROJECT 9.5 Local Contract Review Board: a. Award Contract for the Construction of the Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 8 Jerree Lewis 060815Minutes[1].pdf • Page 9 Agenda Item Discussion&Comments Action Items(follow up) FY 2006-07 Pavement Major Maintenance Program(PMMP)—Phase 1 b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities Administrative City Manager Prosser reviewed the following Items Administrative Items with the City Council: ➢ Mayor Dirksen advised Tri-Met would like to • hold its quarterly board meeting(October 25)in the City of Tigard. It is possible there will be a demonstration of the equipment that lays railroad track a quarter mile at a time. > Potential joint meeting with the Intergovernmental Water Board and the City of Lake Oswego City Council on October 24. The consultant will present information so policy discussions can begin. ' Fifth Tuesday Council Meeting will be on August 29,2006,7-9 p.m.in the Tigard Water Building. ➢ Status of nominations for Mayor and City Council candidates for November 2006 election: Mayor Candidate: Craig Dirksen;Councilor Candidate Gretchen Buchner.Nominations for Mayor are closed;nominations for Council members close August 28,4 p.m. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 9 Jerree Lewis - 060815Minutes[1].pdf • • Rage 10 • Adjournment The meeting adjourned at 8:53 p.m. Motion by Councilor Sherwood,seconded by Councilor Woodruff,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes ert;64-12/Li_ Culaebfq 2 Catherine Wheatley,City Rec rdb er Attest: ( t G./L.6e Mayor,--C-re (�of Tigard / Date: ( , �a-069 Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 10 ,••- • • ■ MN : -• ‘10 'N. • ■ ENS .i• .. : " . .4.: : .....!,?.:74.4,4.444.-•••-••-••••.:::••- •-• ...,-, •. . :,,..,,.., .....--4,01«,,,e, . .. •• .., ::••••-;....•...,..-.•••• -4: ...; ::. ,, •• -•..::.::: :• .:: - :: •::::::•::: • ... ... . .., ::: • . .... •::: •. • --... -•••:•:,•:7:••4. --:-"- - :,. 3,.:•+;.,\:..•.i...,!... 7:!•-•t:-:•••;:iliPe•v40.- ...,.., . • . ..• : ,.--4,,•• ...: •. ies7 ,t4...i.ger:+1:.".4illf" -• . i„,:..•,... ' .: •;;.."- •--..''. :. •. „ :._.,.. „... ........:::.........-. :.... ....; ANN . ;: .:1::: '•'•'• ::F.14;•!'••-141"...4.• ' - . - . ..''r!-.••''••••: • ...•• •- . 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':'.6 ..?.fF • i 07::^•• •• :,:..:• ,S ....). II ffil •. .,..0. ..4r A • :4 • • .4r '... iti I - . fl. • • I ...N. P - f :•;•:::•. .4- .• •• •.1 .1.'1. • i• - P' . : :• . .• ..‘••• . .,:,r .• • . .. .. . 'I'''. . I • ..4i•••••::.•• .:r.• ..: ± :.... ... ... National Register of Historic*pees - OREGON (OR), Washington Arty Architect. builder. or engineer: Unknown Architectural Style:Other. Bunga low/Craftsman listoric Person:Schulnlerielad -ard Significant Year: 1915 Area oFSignilicance: Economics. Architecture Period ofSignilicance: 19(10-1924. 19'5-1949 Private I listoric Function: Domestic Historic Sub-Function:Single 1)welling Current Function:Domestic Current Sub-Function:Single l)\\ellin� Shaver--Bilveu House (added 1993 - Building - 4'93000014) Also known as Shaver,\Villiam E. and Lizzie,House I(445 S\V. 92nd Ave.. I-igard I lisunie Significance:Architecture;I:nuineerin_. (vent Architect. builder. or engineer:Unknown Architectural Style:Other. Queen Anne Arca of Sii nilicance:.\rchitecture. k:xhloration/Settlement Period of Signi I icance: 1900-1924. 1925-1999 Owner: Private Historic Function: Domestic Historic Suh-function:Single Dwelling Current Function: Domestic Current Sub-Function:Single Dwelling Sholes, Albert S., House (added 1982 - Building - Y82003755 1599 S. Alpine St.. Cornelius listoric Significance:Architecture/Engineering. [cent Architect. builder. or engineer:Martin.ltichard..Ir. Architectural Style:Bungalow/Craftsman Area of Significance:Architecture. Commerce Period or Significance: 1901)-1924 Oc ner: Private I listoric Function:Domestic I listoric Sub-Function:Single Dwelling Current Function: Domestic Current Sub-Function:Single Dwelling Shorev, Charles, House (added 1989 - Building - '89000518) 91)i E. (Main St.. Hillsboro listoric Signi I icance:Architecture%[`ineerin_ Architect. builder, or engineer:Shorey.Charles Architectural Style:Other. Queen Anne Area of'Signilicancc:Architecture Period of Significance: 191)0-1924 Owner:Private II stone Function:Domestic Historic Sub-Function:Multiple Dwelling. Single Dwellinii Current Function:Domestic file://C:\Documents and Settings\jerree\Local Settings\Temp\GWViewer\state.html 11/13/2006 City of Tigard > Communityoistorical Tigard Page 1 of 4 J City J Welcome to the City of Tigard Logo City Hall Business Community Police Library Help Boards & City Cott Departments Mayor's Corner Services Bid Advertisements Business Tax Municipal Code About Tigard Cityscape Newsletter Current Construction Defining Tigard Events Calendar Festival of Balloons New to Tigard' Parks Photo Gallery Recreational Programs Search Tigard Beyond Tomorrow Find i Volunteer Opportunities About Tigard PD Community Policing Crime Prevention FAQ Traffic Youth Services About Your Library Kids and Families Teens Programs and Events Reference Services Using Your Library Volunteer Opportunities WILInet ADA Notice Feedback Form Legal Disclaimer Privacy Policy Search Tigard via RSS Historical Tigard l i Tard RSS Home > Community > About Tigard > Historical Tigard Feeds DESIGNATED HISTORICAL SITES Quick Links J Durham Elementary Flume Durham Elementary School, 8040 SW file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard > Community > Sorical Tigard Page 2 of 4 Affordable Housing Durham Rd. Bid Advertisements Year Designated: 1984 Cite Council Built in 1920, the school is significant in its A!lend ► association with early Oregon pioneer and businessman Albert Durham. Cityscape Newsletter Ye-Olde Windmill, 121st St. and Katherine Construction in St. J 121st&Katherine Street I i`=ard Year Designated: 1984 Development Code Built in 1909 by Edward Christensen, the Emen4ency water tower stands as a visible testimonial Mana�_.ement to the surrounding land's original Events Calendar agricultural use and to the Wood- Forms Christensen families who lived and farmed there. Job Opportunities New to Tigard'? Charles F. Tigard House, 11180 SW Parks in Tigard Fonner St. J Charles F.Tigard House Passports Year Designated: 1984 Room Reservations Constructed in 1909, this is the second house occupied by Charles F. Tigard, the Tigard Municipal seventh son of Tigard's namesake. Charles Code established the area's first general store and Volunteer was involved in other commercial Opportunities activities. Water Division Tigard Farmhouse and Windmill, 10525 Online Services SW Tigard St. x Tigard Street Farmhouse Year Designated: 1986 GIS Online Maps Built in 1900's, the house is significant due Library Catalog`- to its association with the Cowgill family. WILlnet Hal Cowgill, who purchased the property in Online Park 1936, was a long-time employee of Pacific Reservations Power and Light. The residence is one of Utility Payments the few bungalow farmhouses with a water tower still intact. Vendor Reuistration Joy Theater, 11959 SW Pacific Hwy. Year Designated: 1986 j Joy Theater Constructed in 1939, the theater building is significant as an example of the Art Deco/Modern Style. Substantial exterior alteration, approved by the City, occurred in 1992. The basic massing and style of the building was preserved and enhanced by the alterations. ._J Tigard Grange Tigard Grange #148, 13770 SW Pacific Hwy. file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard > Communityistorical Tigard • Page 3 of 4 Year Designated: 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. Seven Gables Upshaw House, 9890 SW Peppertree Lane J.�I Year Designated: 1986 Seven Gables Upshaw House The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples. John Tigard House, 10310 SW Canterbury Ln. J John Tigard House Year Designated: 1979 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route - from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. Gaarde House, 11333 Gaarde St. Year Designated: 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who Gaarde House established a blacksmith shop in 1893 across the road from Charles Tigard's store. The house is one of the few remaining examples of the bungalow style with Craftsman detail. Its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard. Shaver-Bilyeu House, 16445 SW 92nd Avenue Shaver Bilyeu House Year Designated: *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard > Community> torical Tigard Page 4 of with the Shaver family, who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] Printer Friendly Version (IE 5.0+ or Netscape 6.1+ only) Questions, comments, suggestions? Fill out the feedback firm. Leval Disclaimer { Privacy Policy I ADA Notice City ofTivard, 13125 SW Hall Blvd, Tigard, OR 97223. 503-639-4171 file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 Jerree Lewis- Public Hearing Notice es 2006-00005.doc . Page 1 • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SET FR: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMI TLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD' PLANNING COMMISSION ON MONDAY. NOVEMBER 20. 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY. DECEMBER 12. 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 S\V HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential " zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add pa use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts;and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include"Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS i\IATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY H AI.L. Jerree Lewis - Public Hearing Notice DCS06-00005.doc Page 2 • ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL. INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. • PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMI\IISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIE\V IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND AIPPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR T\CWNTY-FIVE CENTS (25 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO scan @ci.tigard.or.us. • • Jerree Lewis - DCA 2006-00005 tango.doc • Page 1 Exhibit A City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum • number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. • e. Lighting:No light source used for the meetings or events shall be directed at • another property. All light sources shall be screened, hooded, or covered. f. Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 • • Jerree Lewis - DCA 2006-00005 language Page 2 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on-street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the • approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS • (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) TABLE 18.510.1 USE TABLE USE CATEGORY RR=1 RR=2 R-3.5 R-4.5 R-7 R-I2 R-25 R-40 RESIDENTIAL • Jerree Lewis- DCA 2006-00005 Iangt .doc Page 3 • I Household Living P P P P P P P P • • Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C ' Transitional Housing N N N N N C C C Home Occupation R2 R' R' R2 R2 R2 R' R' ' HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P • Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 ' Duplexes N N C C P P P P Multi-Family Units N N N N N P P P M ■ anufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P - CIVIC(INSTITUTIONAL) • Basic Utilities C4 C4 C4 C C4 C4 C4 C4 Colleges C CC C C C C C , Community Recreation C CC C C C C C Cultural Institutions N N C C C C N N • Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C` P/C' P/C5 Emergency Services C CC C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C CC CC C C . Schools C C CC CC C C Social/Fraternal Clubs/Lodges N N N N N C C ' C COMMERCIAL • Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N ' Entertainment-Oriented • - Major Event Entertainment N N N N NN N N • - Outdoor Entertainment NN N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N • TABLE 18.510.1 (CON'T) Jerree Lewis - DCA 2006-00005 languagec Page 4 USE CATEGORY RR=1 RR=2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 ' Historic Place Meetings and Events C2 C'2 C'2 C'2 C'2 C'2 C12 C'2 ■ Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N • - Motor Vehicle Servicing/Repair N N N N N N N N ' - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking_ N N N N N C10 C'° C'0 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER • Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted . 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. -Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 'Except water and storm and sanitary sewers, which are allowed by right. 'In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 'Attached single-family units permitted only as part of an approved planned development. 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's Y ,akr : . .. — ''•• i• ":•••• , :- a. • , . . .. . . • :• ,. . •'.•:... * ''' '41411/11'f. 41-, . • ...:. . • ••••••• • •••• • ••• .-:... • • ,4 Ii41:. .... 4,,4 •• • ••• • . 4. • .. ....••'.... . . •. .00 t ..a.••• -. ... ..• :.• adk* -.. , ... ..., , . . :.. ... ... .... . •.. . ..,. •'7..4, .,.. ... • - ... •• •, ' a , . • 0, ...:.. •• ' a , •-• - t • .. • • .. ,•.... I it .0.4.-4. a. 1:: ° ' **:' . p.,00 "'.: 46.• .......0...4 .• • .• ... Jerree Lewis goal5.pdf • • Page 1 Oregon's Statewide Planning Goals & Guidelines GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES OAR 660-015-0000(5) (Please Note: Amendments Effective 08/30/96) To protect natural resources and current inventories of the following conserve scenic and historic areas resources: and open spaces. a. Historic Resources; Local governments shall adopt b.Open Space; programs that will protect natural c. Scenic Views and Sites. resources and conserve scenic, historic, and open space resources for present Following procedures,standards, and future generations.These and definitions contained in commission resources promote a healthy rules, local governments shall environment and natural landscape that determine significant sites for contributes to Oregon's livability. inventoried resources and develop programs to achieve the goal. The following resources shall be inventoried: GUIDELINES FOR GOAL 5 a. Riparian corridors, including water and riparian areas and fish A. PLANNING habitat; 1.The need for open space in b. Wetlands; the planning area should be c. Wildlife Habitat; determined,and standards developed d.Federal Wild and Scenic for the amount,distribution, and type of Rivers; open space. e.State Scenic Waterways; 2.Criteria should be developed f. Groundwater Resources; and utilized to determine what uses are g.Approved Oregon Recreation consistent with open space values and Trails; to evaluate the effect of converting open h.Natural Areas; space lands to inconsistent uses.The i. Wilderness Areas; maintenance and development of open j. Mineral and Aggregate space in urban areas should be Resources; encouraged. k. Energy sources; 3. Natural resources and I. Cultural areas. required sites for the generation of energy(i.e. natural gas, oil, coal, hydro, Local governments and state geothermal,uranium, solar and others) agencies are encouraged to maintain should be conserved and protected; 1 Jerree Lewis - goal5.pdf • • rage 2 reservoir sites should be identified and 3.The efficient consumption of protected against irreversible loss. energy should be considered when 4. Plans providing for open utilizing natural resources. space,scenic and historic areas and 4. Fish and wildlife areas and natural resources should consider as a habitats should be protected and major determinant the carrying capacity managed in accordance with the of the air, land and water resources of Oregon Wildlife Commission's fish and the planning area.The land wildlife management plans. conservation and development actions 5. Stream flow and water levels provided for by such plans should not should be protected and managed at a exceed the carrying capacity of such level adequate for fish, wildlife, pollution resources. abatement, recreation,aesthetics and 5.The National Register of agriculture. Historic Places and the 6. Significant natural areas that recommendations of the State Advisory are historically, ecologically or Committee on Historic Preservation scientifically unique,outstanding or should be utilized in designating historic important, including those identified by sites. the State Natural Area Preserves 6. In conjunction with the Advisory Committee, should be inventory of mineral and aggregate inventoried and evaluated. Plans should resources, sites for removal and provide for the preservation of natural processing of such resources should be areas consistent with an inventory of identified and protected. scientific, educational, ecological, and 7.As a general rule, plans should recreational needs for significant natural prohibit outdoor advertising signs areas. except in commercial or industrial 7. Local, regional and state zones. Plans should not provide for the governments should be encouragedto reclassification of land for the purpose investigate and utilize fee acquisition, of accommodating an outdoor easements, cluster developments, advertising sign. The term "outdoor preferential assessment,development advertising sign" has the meaning set rights acquisition and similar techniques forth in ORS 377.710(23). to implement this goal. 8.State and federal agencies B. IMPLEMENTATION should develop statewide natural 1. Development should be resource,open space,scenic and planned and directed so as to conserve historic area plans and provide the needed amount of open space. technical assistance to local and 2.The conservation of both regional agencies.State and federal renewable and non-renewable natural plans should be reviewed and resources and physical limitations of the coordinated with local and regional land should be used as the basis for plans. determining the quantity, quality, 9.Areas identified as having location, rate and type of growth in the non-renewable mineral and aggregate planning area. resources should be planned for interim, 2 Jerree Lewis-goal5.pdf • • Page 3 transitional and "second use"utilization as well as for the primary use. 3 ,.... ,. ... I I. . • .• ••• •• '' .....1 L.' 1‘1:,i . ;Ls•rs t. :N•':..,:.:. .: .. .....;.••••••11.:::::%ii: lc,., .:••::••, iii:,-. *. 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'.‘ • . • . •. .. .... ...•... . . . • ';13::;:iii.ottfitt4Will.r. ." ::: • . :•'..... • . •.... :.... .... .'•.....;. . • : '11.!..!6..:e. •it4.:••,...•::C.... • . . . • ' ',1 r.41:!".........1 • .: .: ...•'..: • ..:• . . gi.t•:.:...i...4P........ . . r—• . • .... . . . n . ... ., • . ,. • Agenda Item# Meeting Date August 15,2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon • Issue/Agenda Title Quello House Prepared By Tom Coffee Dept Head Approval Gty Mgr Approval:L'(Wit \"Y ISSUE BEFORE THE COUNCIL Should the City Council direct staff to initiate a Development Code Amendment to allow non-residential uses in a residential zoning district at the Quello House and other similar properties? STAFF RECOMMENDATION Provide staff direction on this issue. KEY FACTS AND INFORMATION SUMMARY The attached Memorandum dated July 13,2006 provides background information on previous proposals related to this issue. Council members have expressed an interest in facilitating the use of the Quello House for limited commercial use in order to allow greater public access to this community resource and to allow the owner to offset the expense of preserving an historic building. Also attached are materials submitted by Dan and Jacque Quello. An amendment to the Development Code in the form of an overlay zone or a conditional use process could achieve these objectives. If the Council elects to initiate an amendment process, it would be helpful to staff and the Planning Commission if the Council would articulate any concerns or issues it would like to have addressed during the public review and comment period. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Community Aesthetics: Identify and implement projects and activities that enhance aesthetic qualities valued by those who live and work in Tigard. ATTACHMENT LIST Attachment 1: Memorandum dated July 13,2006 Attachment 2: Materials submitted by the Quellos • • FISCAL NOTES N/A • • Attachment 1 MEMORANDUM TIGARD TO: Craig Prosser, City Manager FROM: Tom Coffee, Interim CD Director RE: Quello House Use Question DATE: July 13, 2006 Councilor Sally Harding recently suggested that the City should allow the use of the Quello House (and presumably other similar houses) for events on a rental basis. To allow such activities, the City would have to amend the Development Code to permit what would be a commercial use in residential zones. This could be accomplished through a conditional use process. Such a proposal for this specific property was considered in 2000. The property owner applied for a code amendment to allow weddings and bed and breakfasts in historic overlay zones as a conditional use. The Planning Commission voted 6 to 2 to recommend denial of the proposed code amendment to the City Council. Their reasons included: the lack of historic properties, not an appropriate use in residential zones, and neighborhood opposition. In August 2000, the City council voted unanimously to deny the proposed amendment. In 2002, the Planning Commission reconsidered the need for a code amendment for bed and breakfasts and unanimously chose not to proceed with amending the Code because: their was "no public outcry" for B&B's, concern for commercial activity in residential zones and they felt that the costs of preparing and processing a code amendment should be borne by those who desired to have such a use. Further action on this proposal would require direction from Council to initiate a Code amendment. • Attachment 2 • 0: 04 ( ji, July 14, 2006 Dear Sydney Sherwood, In conversations with Commissioners Woodruff and Harding at the Broadway Rose "Opening Night Gala"held at the Quello House on June 30, 2006, I was encouraged to explore ways that the City of Tigard might allow us to use our National Historic Home and award winning gardens as a cultural resource for the community in some limited ways. The discussion centered around agreeing upon a set of conditions, applicable only to "National Historic Properties of two acres or more",(of which ours is the only one in Tigard), for use as a cultural,historical, and social resource. Just as other cities in Washington and Clackamas Counties allow public and private events at their historic sites,we would like permission to host receptions, luncheons, teas, wine tasting events, etc. under a carefully considered set of conditions that would respect our neighbors rights and wishes, and yet allow for hosting occasional events that would add to the livability and quality of life in Tigard. In the last few years we have hosted several community fundraisers that have benefited the Historical Society,the Broadway Rose Theater, and a Garden Tour that raised money for the Tigard-Tualatin School District. We were happy to host these events. (See enclosed reviews). It is important to note that all events went off without any complaints or objections from our neighbors. Because the restoration and maintenance of a large historic facility is expensive and time consuming ,we would like permission to host a limited number of similar events for profit. Even the much smaller John Tigard House hosts fund-raisers such as ice cream socials to raise monies for its restoration and upkeep. We would appreciate your creative thought and an action plan to implement a conditional use agreement that would allow the occasional use of Tigard's only National Historic Property for the cultural enjoyment and benefit of the good people of Tigard! Thank You Sincerely, Copies to: Q� c�C �� n Quaalt, 1 Mayor Dirksen Sally Harding Nick Wilson Tom Woodruff 0 I'' 44111fr"..CiiLlit'sdirlill*dit. I ..-.00010:000111P...04get,000 _ -, 1 s• .), l . ' .. di ,• . , v NI,-I- d " A • 4 " .. _. .. . .. 11 1 . , ... LYI . . - , : i - ... • - 1%4 .• ,),.--42`"'fl--:::44.s. '_ ' •4'.,..:' --‘•';''-•*".:i . . 1 ro•-••-, — ._ ...„ .......... . •ii, - I ..-- ".'" 1 i . ,._ allik liii 1 .- . . .. 2. . .t.-. ...i!..1:.1..,:i. ; 0 i. . . . , ,„...„ .t..... .., ..: ,.....i,i tal.... 7. ...3:m:, -1 NC-Trier":ir"1,-4.,`1,*?.;i:7:--s:,t. 0:.:, -4• I . 1 . -A . ..1 -41.•:lilt .* 4.. .4... Poroir it...". i' ' 2 .. - • ''. .41,!;!.t".:.:::#•••;'-'f'f.i‘'■'' "I .?--: ''' ..7'■ . ''t•''•ifl,...1••'1'-•-a ii t'4:: . j- . 4 '.i;:i• ;f. •.1 k:'•.•. ..? ,.. ( ft 1 , fi4 .".:.,..., ...... ...: . .... . _00 ...._._ , ... ,..(...../....44..: c--.,'1fr rif 4o. 414 9/ .,..:d ., . a, ii /fir ,ref-azz 144 I fs 1,041":(tit 7nr 1 114114 k 1 1 . 111111111 ..9''fiirifeizie-f, (.!--)rifvf-:„ MIIIMMita. • News Release National Trust for Historic Preservation fill 1735 Massachusetts Avenue, N.W., Washington, D.C. 20036 (2021 673-4141 / FAX (2021 673-4299 FOR IMMEDIATE RELEASE CONTACT: Carol Cunningham (202) 673-4141 OREGON TURN-OF-THE CENTURY VICTORIAN FARMHOUSE WINS PRIZE IN THE GREAT AMERICAN HOME AWARDS (Washington, D.C.,Jan. 12, 1995)...Acirca 1906 Victorian farmhouse in Tigard, Ore., received second prize in the category of landscape design in the National Trust for Historic Preservation's sixth annual Great American Home Awards. Chosen from a national pool of entries, the landscape design was recognized for its excellence in recreating .a turn-of-the-century period garden. With owners Dan and Jacque Quello, their children and occasionally friends and neighbors doing most of the work, an overgrown two-acre yard was transformed into a spectacular Victorian landscape, including a grass tennis court, a pond, and seven distinct gardens -- three of them english. With nearby Portland being known as "The Rose City," Jacque Quello incorporated into the plan a variety of period roses and perennials native to the Pacific Northwest. The restored Victorian farm house with its period gardens is a popular attraction for joggers and walkers, many of them carrying cameras. • "These awards recognize individuals who have personally committed themselves to keeping our diverse history alive," says Richard Moe, president of the National Trust. "The time, research and dedication that has gone into each of these projects is nothing short of outstanding." The Great American Home Awards recognize excellence in residential rehabilitation in the following categories: exterior rehabilitation, interior rehabilitation, landscape design, sympathetic addition and special category -- row houses, town houses and brownstones. A panel of independent - more - do. • IP address: 16445 SW 92nd Ave, Tigard directions: From SW Hall & SW Durham intersection, head west on SW Durham. Turn left onto SW 92nd Ave. Proceed to garden, on your right before the entrance to Cook Park. parking: Park on the Tigard High School side of SW 92nd. description: A gracious entrance invites you in to the romantic garden that surrounds Quello House. Deep garden beds of shrubs, boxwood hedges, old roses and classic perennials mirror the timeless charm of the Queen Anne Cottage home. Sweeping emerald lawns, mature trees, formal statues and fountains lend an air of reverie to the garden. White wicker furniture and concrete benches on the porch, in the gazebo or on the flagstone patio beckon to you to pause and drink in the calm of pastel hues and lush foliage. A lawn tennis court, carriage house, horse pasture and pond seal the illusion of stepping in to another era. Lovingly restored by Dan and Jacque, the 1906 home is listed on the National Register of Historic Places. They received the National Trust's "Great American House Award" in landscaping in 1995. IR NOTICE TO MORTGAGEE,liOLDER,VENDOR OR SFl...r,R THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, e IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 20, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 12, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a"Meeting and Event Use"category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts;and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS MA'TT'ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES _ AVAILABLE FOR PERSONS W IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR RANGE FOR QUALIFIED SIGNGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTE. -RETERS UPON REQUEST. PLEA CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (IDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITIEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITIEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNOT.. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. • • R Notice of c) y. M CO • Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD 45 DAYS PRIOR TO THE FIRST EVIDENTIARY-HEARING For DLCD Use Only PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 AND SENATE BILL 543, EFFECTIVE JUNE 30, 1999 Jurisdiction: City of Tigard Local file number: DCA2006-00005 Date First Evidentiary hearing: November 20, 2006 Date of Final Hearing: December 12, 2006 Date this Notice of Proposed Amendment was mailed to DLCD: October 4, 2006 Is this a REVISED Proposal previously submitted to DLCD? EYES NO Date Submitted:N/A ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached". (limit of 500 characters) Various amendments to the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Properties in residential zones. Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: All residential zones within Historic Overlays Acres Involved: Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1 and 2 Is an Exception Proposed? ❑ YES ® NO Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Sean Farrelly Phone: (503) 718.2420 Extension: Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip: 97223 Fax Number: 503-624-3681 Email Address: sean(a�tigard-or.gov DLCD File No.: SPMITTAL REQUIREM TS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660- Division 18 and Senate Bill 543 effective on June 30, 1999. 1. This form must be submitted by local jurisdictions only. 2. When submitting, please print this form on green paper. 3. Send this Form and TWO (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE,SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use&Planning 600 NE Grand Avenue Portland,OR 97232-2736 ODOT—Region 1,District 2-A Sam Hunaidi,Assistant District Manager 6000 SW Raab Road Portland,OR 97221 4. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) days before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 5. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. Text means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 6. Submittal of proposed map amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8-1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. Text of background and/ or reason for change request should be included. 7. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 8. Need More Copies? You can copy this form on to 8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. • i City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21.Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events • • shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places,Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. •) • (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P PP P P P Group Living R'/C R'/C R1/C R'/C R1/C R1/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units, Detached PP P PP P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P PP P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C CC Community Recreation C C C C C C CC Cultural Institutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services CC C C C N N N Medical Centers N N C C C C CC Postal Service N N N N N N NN Public Support Facilities PP P P P P P P Religious Institutions C C C C C C CC Schools C C C C C C CC Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N - N N Eating and Drinking Establishments N N N N N N NN Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N NN - Indoor Entertainment N N N N N N NN - Adult Entertainment N N N N N N NN General Retail - Sales-Oriented N N N N N N R'1 R'1 - Personal Services N N N N N N R11 R1' - Repair-Oriented N N N N N N R'1 R11 - Bulk Sales N N N N N N NN • • - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C12 C12 e2 C12 Cl2 Ct2 C12 C12 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N O f f i c e N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N C1° co co INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER — Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C CC N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7• P/R7 P/R' P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C • •i P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers,which are allowed by right. 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping;permitted conditionally if six or more units per grouping. '°Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. I . • • I T U.S. Postal ServicelM n CERTIFIED MAILTM RECEIPT .0 (Domestic Mail Only;No Insurance Coverage Provided) r%- For delivery information visit our website at www.usps.coma I1-9 lm OFFOCIAL USE Postage ���0$R 9?�� CI Certified Fee CI (Endorsement Required) . ix Q o q r m Restricted Delivery Fee Q �!1) -1 (Endorsement Required) {� fLl Total Postage&Fees warm '� '. �v m .1 'Sent To O ATTN: PLAN AMENDMENT SPECIALIST N Street,A Oregon Dept.of Land Conservation&Development or P0 Br 635 Capital Street NE,Suite 150 .__. City.sta Salem,OR 97301-2540 PS Form 3800,June 2002 See Reverse for Instructions D SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S'., at item 4 if Restricted Delivery is desired. X - . ent • Print your name and address on the reverse Addressee so that we can return the card to you. B. Recei (Prints•Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No ATT■: PLAN AMENDMENT SPECIALIST Oregon Dept.of Land Conservation&Deylpmt. 635 Capital Street NE,Suite 150 Salem,OR 97301-2540 Service Type I8LCertified Mall 0 Express Mail i _ ❑ Registered 0 Return Receipt for Merchandise ~O_Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 2260 0001 6391 7665 i , (Transfer from service label) I PS Form 3811,February 2004 Domestic Return Receipt 1o259s-02-M 1540 • • FU€ST CcMMEJJrs Tom Coffee- Fwd_ Unlawful Zoning C" nge (Out of Office) Page 1 From: Cathy Wheatley To: Council; Woodruff Tom 0 Date: 11/20/2006 3:52:55 PM Subject: Fwd: Unlawful Zoning Change (Out of Office) Hello, The e-mail below got"caught" in the filter on my computer. I found it a few minutes ago and redirected it to my regular e-mail. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy @tigard-or.gov >>> Cathy Wheatley 11/20 3:38 PM >>> I am out of the office until Monday, November 20. I will respond to e-mail requests on Monday, but if you need immediate assistance, please contact Deputy City Recorder Carol Krager at carolkna.tigard-or.us, or you may call her at 503-718-2419. Cathy Telephone Number: 503-718-2140 >>> gglenc 11/17/06 20:48 >>> TO: Mayor, City Councilors and Planning Dept. Staff Hi Cathy, The City of Tigard and its planning dept. are attempting to foist an illegal land-use, zoning change on the entire city,that includes the Genesis Development that in effect will allow a COMMERCIAL USE in a residential area. The City Planning Dept. and the City Council/Mayor of Tigard have demonstrated their lack of representation of the citizens and their commitment to"special interests" in this city that the VOTERS will NOT tolerate. The laws have been violated by city officials and staff. One would have thought that the First Tuesday in November's election would have given the electeds on the Tigard city council a WAKE-UP call. Perhaps not. As a citizen, activist, and voter in this community, I cannot allow such a major revision of zoning code to occur to jeopardize the land values of the residential properties in the Genesis Development, and other residential areas in the City of Tigard by the planning dept., its employees, the appointed commission, and the city council. The laws are being TRASHED by the City Government which will bring litigation, legislation, and political action, against it BY the citizens of this city. Moreover, IF the planning dept. and the city council/mayor pursue such unlawful zoning changes, please understand the purpose of the electoral RECALL in Oregon. That will be employed given the abject corruption that has occurred as some of the city council members have been "entertained" by the very person who will benefit financially if such a rezoning is permitted BY that city council. Please note that the city council members who have NOT REPORTED receipt of the "value" of that entertainment from that person who is petitioning the Council, then each of the City Councilors is in CRIMINAL VIOLATION of the Oregon Ethics Code! Tom Coffee_Fwd_Unlawful Zoningnge (Out of Office) •• Page 2 The next session of the Oregon Legislature will bring to bear amendments to such laws that govern the city of Tigard (i.e. the city's charter). If the City Councilors continue on this path, there will be no reason for city residents to remain IN the city of Tigard and do have the ability to secede from the city of Tigard, OR, by charter the City of Tigard can be absorbed by other units of government. Those are just a few examples of"citizen action" against those who are willfully violating the state's and city's land-use laws on behalf of"cronies" in the city, at the expense of the other law-abiding residents. Please note the wide-range of citizens who would be harmed by such a move by the city of Tigard (to rezone residential use to a commercial use) and the extent to which those residents will respond in-kind. The exposure by the city councilors and planning dept. staff IS a legal one given the "entertaining" by the petitioner OF the city councilors, each of whom now are exposed by law. It is in the best interest of the citizens of Tigard, the Genesis neighborhood, and frankly, the political longevity of the city councilors and mayor's terms of office, to DROP such a corrupt idea as to commercialize a residential area (as in the Genesis Development). If the city staff and councilors/mayor pursue the current course of action, citizens will be forced to bring a political, legislative, and legal response to each. Please do not cause this to occur. Drop the issue on the Monday night's agenda and leave the neighborhoods alone. Respectfully, Glen Comuntzis Tigard, Oregon 0�'1 2Z 3 Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. CC: Craig Prosser; Liz Newton; Tom Coffee • • v RECD NOV 2 0 2006 Gail & Curt Dowler 16515 S.W. 93rd Street Tigard, Oregon 97284 November 20, 2006 Tigard City Council and the Tigard Planning Commission City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Council and Planning Commission Members: We are writing to you concerning a disturbing but not totally unexpected development regarding the proposed development code text changes for historical sites including those in residential neighborhoods. We have already experienced the "benefits" of having a historic home as the focus for weddings and their receptions hosted by Rev. Quello; these events were touted as being quiet, infrequent and small; in truth they turned out to be all summer long and anything but quiet. Most of the activities for these events occurred outside. As Tigard residences who purchased a home, pay our taxes and abide by the laws we were unable to use our deck area; open our windows; and even have refuge inside our house without the invasive sounds of loudspeakers and party chatter, exacerbated by the small canyon creek that increased the already substantial volume of the activities. Who would consciously choose to purchase a home in a neighborhood, supposedly residential, where your neighbor has a business that increases the traffic congestion and has paid social gatherings most or every weekend to the level that you are unable to have a few friends and/or family members at your home to engage in conversation at less than a scream? These events are more than likely to occur outside; the proposed code is a maximum of 18 meetings annually; this can translate into at least one weekend day every weekend from June through September; every weekend day July and August; the scenarios are unlimited as it seems the time range is, 7:00 AM to 9:00 PM, to ensure that actual residents of the neighborhoods are unable to enjoy their propetty; are we expected to conduct our activities from 9:30 PM to 6:30 AM if we hope to have an atmosphere not charged with total strangers partying? One third of those meetings can have as many as 200 people! Is this compatible with a residential neighborhood? Is this a residential neighborhood you would want to live in, raise your children in and retire in? Does this kind of activity, intrusive to our personal lives, destroying our ability to enjoy our home and our outside area in the small window that is Oregon summer; is this family values and livability? Who will benefit from this, not the families who will be most effected by the invasion with our sense of home destroyed; there will be people coming into our • • "residential" neighborhood that would no longer fit into the definition as residential; people who are here to have a good time and not encumbered by the concerns of the effect on the surrounding community; after all they paid to have a good time in our neighborhood. Initially, if we recall correctly, Rev Quello explained that he wanted to recoup some of the cost in renovating a rundown property and be able to send his son to college; it is very nice that he decided to fix-up the property but it was his choice to purchase it; we think it is wonderful for a father to want his son to have a good education; but on both points we could not come to terms with why the surrounding residential neighborhood needed to give up their sense of home so he could achieve some of his financial targets. Why would the neighbors have to forego basic amenities when we all have things we would like to do; we do not expect our neighbors to relinquish important aspects of their living so we can accomplish our goals. Thank you in advance for taking time to read this letter Gail Dowler Curt Dowler 9 Sean Farrelly-Chapter 18.130.020 Page 1 • From: <sissydlt @att.net> To: <cathy @tigard-or.gov> Date: 11/20/2006 10:38:28 AM Subject: Chapter 18.130.020 We continually receive unsigned flyers encouraging us to notify both the Tigard City Council and Tigard Planning Commission (specifically the public hearings beig held 11/20 and 12/12) to voice disapproval of the condition use of historical sites. I would like to express our thoughts. We live around the corner from the Shaver-Bilyeu House, a block away from Tigard High School. Having functions at this house is not a problem. It can not be any worse than Tigard athletic events. Noise/Music? We live next.to Cook Park and there are occasional evnets going on there as well. Sherilyn de la Torre Donald J. Hook 503.639.5271 CC: <jeree @ tigard-or.gov>, <sean @tigard-or.gov> • • November 13, 2006 • Tigard Planning Commission and Tigard City Council Members 13125 SW Hall Boulevard Tigard, Oregon 97223 Dear Tigard Planning Commission and Tigard City Council Members: • Dick Bewersdorff Craig Dirksen Sally Harding Sean Farrelly Nick Wilson Tom Woodruff Sydney Sherwood Can you remember the last time you went to 14 weddings in one summer? I do. My family wasn't even invited. In fact, we didn't even have to leave home. With no place to hide, my children were subjected to drunken party conversation and pounding music as they lay in their beds at 9:00 PM. And, if we missed any of the excitement by-abandoning-our home to avoid the event, we could count on another party the next morning or afternoon or evening. One big party, all summer long, for over three summers in a row, until the City Council heard the voice of the residential neighborhood and pulled the plug on the Quello party business by rightfully denying a Conditional Use permit. This is the first reason to vote no on this amendment: Conditional Use gives unfair advantage to one property owner. Conditional Use of the Quello property limits normal use of nearby properties. The three year test of the party train blasting through evening barbecues, Sunday morning coffee and aftemoon naps demonstrated that Conditional Use is adverse to residential use. Whether the events are paid for f or not, they dominate the neighborhood with noise, litter and traffic. Conditional Use has already been denied. Changing city code to permit Conditional Use is a backdoor attempt to restore the party business. But, backdoor or front door, Conditional Use unfairly disrupts the home life of neighboring properties. • Next, regarding the code change citing a need for Conditional Use to"assist in the upkeep and restoration of properties", the Quellos are already receiving special tax treatment for that purpose. According to Washington County, since 1994 the Quello home, known as the Shaver-Bilyeu House on the National Historic Register has participated in an Oregon historic tax program that freezes taxable value. The Quello home, valued at$790,970 pays taxes on a frozen valuation of$166,060 until June 30, 2009. The frozen valuation is then renewable for another 15 year period. It is a poke in the nose to think that avoiding taxes on at least$625,000 over the course of 30 years isn't a substantial savings for the maintenance and restoration of this historic property. This is the second reason to vote no on this amendment: A significant incentive program by the State of Oregon already supplies historic property owners tax relief dollars for the restoration and maintenance of their property. A secondary program for compensation appears excessive. For the city to support unfair advantage for one property over others and to establish another incentive program when the state provides incentive via significant tax relief could be construed as special interest. Conditional Use has been tried and has failed in this residential neighborhood. I respectfully request that you vote no on DCA 2006-00005. • Sincerely, .- . . . v - - - • . - :J: - .• CherylCappelli _ .,� _ _ - • 16405 SW 93rd.Avenue _ Tigard, Oregon 97224 .- • •, • - - Cary and Benton Holzwarth 9240 SW Millen Dr. Tigard,OR Dear Members of the Tigard Planning Commission and Tigard City Council: We are writing today in regard to the hearing to be held affecting the Historic Overlay Conditional_lise Code Amendment that is before the Tigard Planning_Commission,and the Tigard City Council. • My husband andi are homeowners at 9240 S.W.Millen Dr. Our property shares a fence-line with the Quello's,one of the historic properties that would benefit from this amendment. The concrete pad the Quelio's poured for their tent is about 15 feet from the property lin* between our yards and less than about-50 feet from our back door. Conversations,music and DJ announcements alt carry over well into our yard". When we're re adY to turn in early virith.the tar windows open on a summer evening,how late will we have to listen to his party revelers before we can get te sleep? Likewise,we would assume our dog barking,lawn mowing and other noise would carry over to his yard. Dan may be expecting it;it may be his guests that are caught off - guard with the noise of our activities. The first time that this conditional use amendment was considered,Mr.Quello used the Tigard High School parking adjacent to the soccer and football fields,directly across from his home. School activities and the useof that parking have grown steadily over the years. I don't know how he would be able to provide convenient parking for the guests that would be attending his ftmetions. You might check with the police deparnnent as to how many tickets they've-written ft lU :Pliciht this season. Knowing that only a small_fraction of vielatOrs araetuallY ticketed,you might haveserii appreciation-for how saturated the street parking alrea43i is *- through the spring,.summer and fall seasons. With_the steady stream of cars rolling up-and down. 92 heading to Cook park or trolling for spaces,_it alrearly takes as mach as a coupleininutes patient waiting before we cart flild a gap to enter 92 from Wert. (Please see the attached photos for a'typical-Saturday afternoon' on Millen Dr.adjacent to nu',and views to the left and right on 92nd from the-corner of Millen.) Two more problemsAct consider are the_trash(corks_and_bottles)that were linered_aroundilv_ neighborhood following his previous events,and the risks created-by drivers who have been drinking. We littew when-WC moved-herothatthere would-be football games;soccer SaturdaYsand- community activities at Cook_Part__There ate already enough_of strange people in our_ neighbotheod,do we need_additional-cars and people added to what we already Med to cornet* with? We feel his chosen business is simply not compatible with a residential neighborhood. We think the sort of operation he intends really needs to be held,in a more rural location or he needs to provide more buffer space between his neighbors and his guests. We recognize that this property would be a beautiful setting for aparty or a wedding,but asking the surrounding neighborhood to subsidize him through our loss of utility,after already subsidizing him through his tax-rate freeze,does not seem fair or at the,very teast neighborly. 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' OPPPIP11114% ... ... .,....:F..._.„................... ,..-. • October 29,2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr. and Mrs. Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically,the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew, we decided as a neighborhood to be respectful and to not use our back yards during those times. However, when he added weddings for pay and without any business license or consultation with the city, we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later.As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally,the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings,the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr.Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property,the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings,he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities,that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard. Allowing impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However,these activities are public events or school activities,not private-for-profit events. If I am bothered by the drummers practicing under the stadium, using it like a performance shell so it sounds like they are in my living room,or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight, I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door,he has behaved as if the noise is okay. Mr. Quello has threatened several times to sell and rezone his property for apartments. Apparently again, he feels he does not need to go through channels with the city but responds only if neighbors complain. The neighbors on the West side of his property stated he has poured concrete slabs for cottages, again without a permit. His property should be inspected. I • It is the house, not the property itself that is listed in the historic register. He has some parking available on his own property. A bed and breakfast would be a suitable use with requirements for noise, parking onsite, etc. I would support no outside activities except those that would be common for any home as long as there was a limit on the number attending such as max of 10 at an outdoor barbeque and that all participants park on the Quello property. I would not support any activities that are predominantly outside. The weddings happen only because he is an ordained minister,he has to officiate. This also is contrary to most other historic homes used for weddings,the pastor is usually an outside party and not affiliated with the owners of the location. I recognize that sustaining a historic home is not without financial risk. However,this should have been considered when they bought the home. They should not be allowed to impact at least 10 other property owners due to their own financial problems. Please see a property map attached in which I have written in some locations I have described above. I request that this letter be admitted as testimony in this matter. Thank you for your review of the above facts. trust that decisions will be made to keep our neighborhood livable and that Mr. Quello's activities will not impact the usability or resale value of our homes. Sincerely, Karen L. Butler 9220 SW Millen Dr. Tigard, OR 97224 971-506-6118 */•., . . • . . • • e.: - . .... „.. -f w,.40.00 43.84 43.64 45.00. ._49.00...,b 45.uu 4 4500 4, 40.00"ti.'... 02....°6-__. j, "%v.it II? 1- 6 ., . - --- r-. 1 I ••••-_, "; 1 II im 13500 81 lg. vs, ,.,.. , • 1, I -3 SW MARTHA STREET ‘7; : 1, ° . ? .-- T --- Ei.--4'-• ' 0,4:3„6-or 4c.06-, :15:42o 9-45706 T 45.00 46.00 45.00 ! 42- 1%,,kepr. • • 13600 Lb 1 $14000 4,.,' i 1... -'4x. I i 1 1 0'71..•.. 1.1.1 107 41';is,900./ Is 111 l q., , i q. 1.... 105.54 .__._(4. 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" -- •••••'•• •• -" •--•••. -.-.•i 4, uw.. .- 14AP'.... .!'...:-.' 7-) ..! ,:.. .• • Sean Farrelly- Historic Property uses, especially"Quello House" from Karen L. Butler, neighbor Page 1 • From: "Karen Butler" <klb1802 @msn.com> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov>, <craigd @tigard- or.gov>, <nickw @tigard-or.gov>, <sydney @tigard-or.gov>, <tomw @tigard-or.gov>, <sallyh @tigard- . or.gov> Date: 10/29/2006 8:23:31 AM Subject: Historic Property uses, especially"Quello House" from Karen L. Butler, neighbor October 29, 2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr. and Mrs. Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again I have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically, the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew, we decided as a neighborhood to be respectful and to not use our back yards during those times. However, when he added weddings for pay and without any business license or consultation with the city, we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later. As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally, the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings, the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr. Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property, the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings, he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities, that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard. Impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Sean Farrelly- Historic Property uses, espe."Quello House" from Karen L. Butler, neSor Page 2 Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However, these activities are public events or school activities, not private-for-profit events. If I am bothered by the drummers practicing under the stadium, using it like a performance shell so it sounds like they are in my living room, or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight, I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door, he has behaved as if the noise is okay. Mr. Quello has threatened several times to sell and rezone his property for apartments. Apparently again, he feels he does not need to go through channels with the city but responds only if neighbors complain. The neighbors on the West side of his property stated he has poured concrete slabs for cottages, again without a permit. His property should be inspected. It is the house, not the property itself that is listed in the historic register. He has some parking available on his own property. A bed and breakfast would be a suitable use with requirements for noise, parking onsite, etc. I would support no outside activities except those that would be common for any home as long as there was a limit on the number attending such as max of 10 at an outdoor barbeque and that all participants park on the Quello property. I would not support any activities that are predominantly outside. The weddings happen only because he is an ordained minister, he has to officiate. This also is contrary to most other historic homes used for weddings, the pastor is usually an outside party and not affiliated with the owners of the location. I recognize that sustaining a historic home is not without financial risk. However, this should have been considered when they bought the home. They should not be allowed to impact at least 10 other property owners due to their own financial problems. Please see a property map attached in which I have written in some locations I have described above. I request that this letter be admitted as testimony in this matter. Thank you for your review of the above facts. I trust that decisions will be made to keep our neighborhood livable and that Mr. Quello's activities will not impact the usability or resale value of our homes. Sincerely, Karen L. Butler 9220 SW Millen Dr. Tigard, OR 97224 971-506-6118 ✓' October 25, 2006 Honorable Mayor Craig Dirksen, and Tigard City Council Tigard City Hall 13215 SW Hall Blvd Tigard, OR 97223 Honorable Mayor, An article in the Tigard Times on August 24, 2006 alerted me and my wife to the fact that the Rev. and Mrs. Quello were again attempting to gain approval from the City to allow weddings and other public events on their historic property. Since we are going to be out of the country during the month of November, we wanted to make sure that we had the opportunity to go on record publicly in opposition to any changes in the code that might allow the commercial use of this property for weddings and other commercial outdoor events. Almost all of the neighbors who opposed their 2000 request to allow weddings still live in the neighborhood. We remember all too well how in one summer in the late 1990's there were a couple weddings, and then at least one almost every weekend the following summer. Fridays or Saturday mornings would bring a rehearsal with the testing of the mikes, etc. Later in the day we were treated to the wedding march (usually Pachelbel's Canon in D) over the loudspeakers. After the vows came the soloist followed by the rumble of a large crowd before the D.J. music went on into the night. Only after the fact did the City Council consider these issues. We were given assurances around this time by Rev. Quello that we should not be concerned because the weddings "would only take place on about 14 weekend days during the summer." These are the same weekends that the neighbors work or relax in their own backyards. Yet on one occasion early in that season the Rev. Quello approached a neighbor who was mowing his lawn and asked him if he would wait until later to do this weekend chore so it would not interfere with the wedding. Although he was concerned that we not disturb the weddings, around that same time he installed a concrete pad and a tent for receptions near the North side of their property line just a few feet from the property line of their neighbors. Further, even though there is some distance between the Quello house and the homes to the rear of their property, sounds reverberate to the West and down the creek because of the slight gully created by the marshy area and creek behind their property. The weddings impacted the whole neighborhood. • The Quello's have approached the neighbors at times when they thought it might help their cause, and have neglected to inform us on others. On September 16th of this year, I was working in my backyard when I heard the same wedding routine being repeated. I had no warning that this would happen. Granted that the activities were not as "in your face" as before, I still had to refrain from some of the activities I had intended so I would not interfere with the sacred event taking place nearby. We were frustrated to have to learn about the possibility of further events like this from the newspaper. We know that there are always public hearings and opportunity for community input. However, we were concerned because Mr. Coffee's comments in the paper made it seem like the process was already rolling without any notification to the affected citizens. We are pleased that the Quello's decided to restore a decaying property and create a jewel for the community. My wife and I believe that a commercial use of the property that does not involve groups of people outside could be made compatible with the residential nature of the neighborhood. Like we have,many of our neighbors have lived in this neighborhood since the mid 1980's. We have witnessed the growth in the area. We are now routinely challenged by the resulting increase of traffic, noise and lights from the nearby playing fields and the Cook Park balloon festival and other events. In the same way that my barking dog or my lawn mower would interfere with an outdoor event on their property, their outdoor events and celebrations have a history of significantly negatively impacting their neighbors. We believe the code was written with situations like this in mind. During the request in 2000 to amend the code for historic properties, the City Council agreed that the requested outdoor uses were incompatible with a residential neighborhood. We believe they remain incompatible. Sincerely, Don and Barbara Manghelli 16415 SW 93rd Ave Tigard, OR 97224 Sean Farrelly-Quello House Page 1 • From: "Miller, Lesli" <Imiller @jesuitportland.org> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov> Date: 10/4/2006 11:00:02 AM Subject: Quello House Hi there! I don't know if my input will be too late, but I did want to submit something. I live on SW 93rd. Basically my neighbors across the ' street's backyard backs up the the Quello house. I have mixed emotions about this whole thing. While I do understand the concerns of my fellow neighbors , i.e parking issues, noise, loitering, etc. I also know that it is no different then what we all deal with at a Friday night Football game, Graduation, Fourth of July or the Balloon Festival. So I don't understand why this would be any different. Maybe because it might be several times in a year, who knows. I have had the opportunity to meet the Quellos and my four-year old daughter loves their horse. They have the right to operate a business out of their home, don't they? But in the same sense, we as neighbors also have a right to enjoy our evenings at home without hearing somebody's wedding toast. I don't envy your jobs Lesli R. Miller Campus Receptionist Volunteer Coordinator 411 1111 City of Tigard Engineering County of Washington 061 G State of Oregon Mr. Duenas: For two years I have been requesting of the City if Tigard to reduce the speed limit from the current speed of 35 mph.to a speed of 20 mph. Appropriately the speed between 7a.m. and 5p.m. Monday thru Friday is 20mph. FACT: This Street is only 3 blocks long FACT: The entire east side of those 3 blocks is Tigard high school FACT: Those same 3 blocks have what appear to be 130 illegal dangerous parking spots that require the driver to back blindly onto the road. FACT: The west side of the street has 14 residential driveways. FACT: The end of the 3 blocks is the entrance to Cook Park where the posted speed is 15mph If someone will check the record to see the combined activities of: 1. The use of the fields by the actual high school students, Football, Baseball, Soccer etc. 2. The renting out of the fields ALL NITE AND ALL WEEKEND! 3. The extensive use of the fields in Cook Park ALL NITE AND ALL WEEKEND 4. The community events i.e. Balloon festival, Chinook Soccer championships etc. They would see that there are more bodies and cars in the evening and weekends than there are most days. Any one attending these events can't even find parking!!! Check with the Tigard police and see how many tickets they have issued for parking violations! Most people are either elderly(watching their grandchildren) or small children watching brothers and sisters. ANYONE DRIVING 35 MPH SHOULD BE PUT IN JAIL!!! And yet it is the posted speed. Why is this accident waiting to happen? Where are our moral responsibilities to the community? Does one of our loved one need to be killed before someone applies common sense to this situation? Awaiting your response: i Mark Walker Citizen and father , , . ,. ,,.. a • • v. t ,., • • Hello neighbor, Tigard's City Council is considering amending city code that will affect all historic property in Tigard, allowing private events to be held at each. . There will be a public hearing (date to be determined) and a code amendment proposal will be put forth. There are at least 10 historic properties in Tigard, but changes would only pertain to 2 or 3. These changes would especially pertain to, and allow events at The Quello House in our neighborhood on SW 92nd Avenue. Code 'language' has not been written and 'conditional use' restrictions have not been defined, but some of the considerations are: • Number of annual events IS 0 %$t C4 i, d • Time limitations • Addressing sound issues • Providing adequate parking QYN. E'4- - 1,k VOW y P4 r k 0 y Yxraveviy eie��/ All historic properties would have to a dres each restriction prior to obtaining a permit once the code change. go into effect As a local homeowner you need to make your concerns known every step of the way. You can write your city council members and express your opinions right now, prior to October hearings. Dick Bewersdorff, Planning Manager and Sean Farrelly, Associate Planner have already received some phone calls from concerned neighbors. We have been encouraged to put everything in writing so that they can keep a better record of ow opinions. Please contact these people at City Of Tigard Oregon 13125 SW Hall Blvd Tigard, OR 97223 Dick Bewersdorff Sean Farrelly 1 Planning Manager Associate Planner Community Development 503-718-2432 503-718-2420 Director dick©tigard-or.qov sean cr tioard-or.gov 503-718-2443 tomc[c�tigard-or.qov Council Members are: Mayor Craig Dirksen craigdc tigard-or.gov - Councilor Nick Wilson nickwOtioard-or.gov 1-1‘"lomaeCo+offee Councilor Sydney Sherwood svdnevgtiaard-or.gov il:>" A* let ' Councilor Tom Woodruff tomw@tigard-or.gov Councilor Sally Harding sallvh u( tioard-or.gov ® W t+�. 0 Thank you for your time,Neighbor Cary Holzwarth, 503-6842008 SW Millen Drive �= 1 ��I September 27, 2006 • ''' V. ■ erAti..* , _ SIIKC-- a • • RE QUE ST FOR COMMENTS U CHARD DATE: October 4,2006 RECEIVED PLANNING TO: Matt Stine,Urban Forester/Public Works Annex OCT 1 6 2006 FROM City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: sean(a.tgard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 > HISTORIC OVERLAY DESIGNATION CODE AMENDMENT< REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use Hi category for "Historic Place Meetings and Events" as a conditional use in all residential zOning districts that have a Histonc Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overla y v chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic O Historic ZONE: All residential zones with a storic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2;anc.Statewide Planning Goal 1. The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code amendments. If you do not have computer access or would like a paper copy of the amendments, pease contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 18,2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 157T /0146 • •. PEP REQUEST FOR COMME NTS rralgARD DATE: October 4,2006 TO: Mark Vandomelen,Residential Plans Examiner FROM City of Tigard Planning Division STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Sean @tgard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 ➢ HISTORIC OVERLAY DESIGNATION CODE AMENDMENT.< REQUEST: The applicant is requesting to amend various chapters of the City of-Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category, 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use Hi category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2; anc.Statewide Planning Goal I. The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 18, 2006. You may use the space provided below or attach a separate letter to return your comments. If u are unable to respond by the above date,.please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X" We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: M A ✓ • Elp! REQUEST FOR COMMENTS MOARD DATE: October 4,2006 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: s eara tgard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 > HISTORIC OVERLAY DESIGNATION CODE AMENDMENT< REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Paces in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1 The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code_amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 18,2006. You may use the space provided below or attach a separate letter to return your comments. If u are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PL EASE CHECK THE FOLLOWING ITEMS THAT APPLY: / i/ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: T a 0 Er REQUEST FOR COMMENTS 4ll©ARD DATE: October 4,2006 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seana tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 > HISTORIC OVERLAY DESIGNATION CODE AMENDMENT< REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Paces in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category 2). Chapter 18.330 CONDTIIONAL USE: Add additional development standards for conditional use types to ow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use Hi category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; ana Statewide Planning Goal I. The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 18,2006. You may use the space provided below or attach a separate letter to return your comments. If u are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: C, WC1 5lo` P1111W • REQUEST FOR COMMENTS _° BOARD DATE: October 4,2006 TO: Brian Blalock,Commercial Plans Examiner FROM City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seanatigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 > HISTORIC OVERLAY DESIGNATION CODE AMENDMENT< REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Praces in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to ow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning district)that have a Histonc Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;anc Statewide Planning Goal 1. The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code_amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS RACK BY: OCTOBER 18,2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: • ti/cam &) O/C/e-- SCAB") Name&Number of Person Commenting: B f) /A. N 4 O C __ e5 7 a? 9 REQUEST FOR COMMENTS 4llOARD DATE: October 4,2006 TO: PER ATTACHED FROM City of Tigard Planning Division STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seara tigard-o r.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 > HISTORIC OVERLAY DESIGNATION CODE AMENDMENT< REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Paces in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Table 18310.1 - Use Table): Add a use Hi category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 H TORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2; anc Statewide Planning Goal 1 The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code_amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS SACK BY: OCTOBER 18,2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: ,. Os OF TIGARD REQUEST FOPOMMENTS NOTIFICA LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: �l W O �UV FILE NAME: CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ['East ['South ❑West CITY OFFICES 'tONG RANGE PLANNING/Barbara Shields,Planning Mgr. OMMUNITY DVLPMNT.DEPT/Planning-Engineering Techs. "POLICE DEPTJJim Wolf,Crime Prevention Officer M UILDING DSION/Mark(residential)Brian(commercial) ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer PUBLIC WORKS/Matt Stine,Urban Forester ITY ADMINISTRATION/Cathy Wheatley,City Recorder (4 !/ UBLIC WORKS/Rob Murchison,Project Engineer PLANNING COMMISSION(+11 sets) _ 7/PLANNER—POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _„„HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS / / TUAL HILLS PARK&REC.DIST.*_/-TUALATIN VALLEY FIRE&RESCUE* _(ALATIN VALLEY WATER DISTRICT• _( CLEANWATER SERVICES Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 / LOCAL AND STATE JURISDICTIONS /CITY OF BEAVERTON* ✓CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood mum Fan.Required) _ Steven Sparks,oay.sv s.manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. 1/ IETRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE 7 CITY OF DURHAM #) 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Bob Knight,Data Resource canter(zcA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Hams(UapsgCWs Letter Only) _ Mel Huie,Greenspaces Coordinator(CPNZOA) Larry French(Camp.Plan Amendments only) Routing CENWP-OP-G CITY OF KING CITY* _ Jennifer Budhabhatti,Regpnal Planer(wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY* • _ OR.DEPT.OF ENERGY(PO.ednesinArea) _OR.DEPT OF AVIATION(IAonopole Towers) Dept.of Land Use&Transp. / Bonneville Power Administration Tom Highland,Planing 155 N.First Avenue _(CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsbo o.OR 97124 PO Box 369 Portland,OR 97208-3621ve Conway(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) 4ODOT,REGION 1 * _Brent Curtis(cPA) — CITY OF PORTLAND (Nolannor.Wetlands and Potential Enwonmental Impacts) _Grant Robinson,Development Reeew Coordinator _Doria Mateja RCA)Nisi.* Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cpevC rue n. 1900 SW 4'"Avenue.Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor Rom t s is Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL COMM.AGNCY /ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION VSTATE HISTORIC Dave Austin(wcccA'iii aionosois Ta.w.) Sam Hunaidi,Assistant Dlso;ctManager (Notify1000TFUR-Hwy.Crossing is Only Access toLand) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr.crossing safety Specialist (Notify If Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Narthem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(s..m.o....Cmna, (g Project is Within V.Mae of a Transd Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev (See raP ran Area Cmncn) Diana Carpenter p y 0 p s Ea Hasroot saw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 23-May-06) PLAAJNIN SEcRETA Ry M4TERI,4Ls • NOTICE TO MORTGAGEE,LIENHOLDE VENDOR OR SELLLER: NO R, THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER : . EXHIBIT) TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 20, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 12, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING 'TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts; and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS MA FI'ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVI S ARE AVAILABLE FOR PERSONS ' TH IMPAIRED HEARING. THE - CITY WILL ALSO ENDEAVOR ARRANGE FOR QUALIFIED SIG GUAGE INTERPRETERS AND LI QUALIFIED BILINGUAL IN APRETERS UPON REQUEST. PLL, 'E CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI'1.1EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED AC11ON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'I'1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. 2S 103DB09400 1 2S 103DCO2701• ABEYTA,THOMAS J AND DEBORAH L ADAMS, KELLY H&KAREN L ET AL 11370 SW ERSTE DR 11300 SW VIEWMOUNT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 103DCO2700 2S110AB05300 EX `IBIT( ADAMS,KELLY H/KAREN L AHL, DARRELL JAMES& 11300 SW VIEWMOUNT CT TINA MARIE TIGARD,OR 97223 11433 SW JACKIE CT TIGARD, OR 97224 2S111CB05500 2S103AD02000 AHO,JONATHAN E ALDRICH, DAVID A& BARBARA D 15215 SW 100TH AVE 10965 SW PATHFINDER WAY TIGARD,OR 97224 TIGARD, OR 97223 1 S 134DD02200 1 S 134DD02300 ALEXANDER, FERD F&CATHERINE M - .ANDER, FERD F • D TRUSTEES CATH • • _ I STEES 21820 SW ELWERT RD 21820 S • ` W • - • SHERWOOD,OR 97140 S OOD, OR 97140 1S134DD02000 2S111CB00104 ALEXANDER, FERD W&NATALIE S ALEXANDER, RONALD E 11423 SW 107TH PL MARY T TIGARD,OR 97223 10150 SW MURDOCK ST TIGARD, OR 97223 2S11 1 CB00102 2S 103DB08100 N. . •NDER, RONAL MARY T ALLGAIER, MARK A&CAROL S 10150 RDOCK 11200 SW MORGEN CT RD,OR 97223 TIGARD, OR 97223 2S110AB00100 ALRANCO, INC 2S111CA13900 BY JOHN R RICHES AMODEO, RICHARD D AND WANDA M 2601 ORCHARD HEIGHTS RD NW 9765 SW SATTLER ST SALEM,OR 97304 TIGARD, OR 97224 2S 103 DC00813 25 103BA01002 ANDERSON,BRUCE&HELEN ANDERSON, EDWARD L& LIVING TRUST MARY ANNE BY BRUCE K/HELEN A ANDERSON TRS PO BOX 23593 11205 SW GAARDE ST TIGARD, OR 97281 TIGARD,OR 97223 2S103BA01001 2S 103BA00103 PERSON, EDWARD • • i - • _• EDWARD . • • RY ANNE ANDER • •, •._-•-Eh NNE PO BOX •3 PO BOX 235 T • ' I,OR 97281 TIG R 97281 2S103BA00900 2S 114AB05300 ANDERSON, EDWARD L& MARY ANNE ANDERSON,GARY W/MICHELE J 12330 SW 121ST AVE 9385 SW MILLEN DR TIGARD, OR 97223 TIGARD,OR 97224 1S134DD01100 • 1S134DA025000 ANDERSON, GERALD L CHARLOTTE A ANDERSON,JAMES E&VALERIE L 11645 SW TIEDEMAN RD 10750 SW DAKOTA ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BB09600 1S134DA09000 ANDERSON,JANET L&JOHN V ANDERSON, KAREN A& 12045 SW 122ND CT JOHNSON, HELEN M TIGARD,OR 97223 11370 SW THUNDER TER TIGARD,OR 97223 2S103BB09400 2S103AC09300 ANZALONE, FRANK C SR ARCHER, DOUGLAS L&MARGARET M 12285 SW KATHERINE ST 11486 SW FONNER ST TIGARD,OR 97223 TIGARD, OR 97223 2S103BB12900 2S111CA15300 ARDINGER, KEITH E&SHERRY A ASBRA,ANDREW J PO BOX 23459 9845 SW SATTLER ST TIGARD,OR 97281 TIGARD, OR 97224 2S111CA14600 2S103BA01000 • : , • • AUSBIE, DONNA D 9845 S . - TL 12400 SW 121ST AVE TI . •D,OR 97224 TIGARD, OR 97223 2S103DB09100 2S 114AB02400 AWEIDAH, MARY& IMAD AYERS, RAY C& BRENDA M 11285 SW MORGEN CT 9235 SW MILLEN DR TIGARD,OR 97223 TIGARD, OR 97224 1S134CD03600 2S110AD00500 BACCELLIERI, FRANCES D BACKHAUS, BRENDA 11950 SW KATHERINE ST 10627 SW CANTERBURY LN TIGARD, OR 97223 TIGARD, OR 97224 2S 110AD00510 2S103DCO2600 BA • BREN • BADER, CYRIL G PHYLLIS A 10627 S . - ERB 1' 11310 SW VIEWMOUNT CT T . • ' I,OR 97224 TIGARD, OR 97223 2S103DB07000 2S111CB01310 BAKER,JASON L&JUDY L BAKER,JOHN G& 9790 SW SADIE DR BRADSHAW-BAKER, LEANNE BEAVERTON,OR 97008 14825 SW 104TH AVE TIGARD, OR 97224 2S 112CD 10000 2S 112CD09600 BALDWIN SURVIVOR'S TRUST BALDWIN'S SURVIVOR'S TRUST 4632 SW VERMONT ST BY BALDWIN,JAY K TR PORTLAND,OR 97219 4632 SW VERMONT ST PORTLAND, OR 97219 2S112CD09700 • 2S112CD09900. BA. IWIN'S SURVIV• :'_ '°UST BALD 'SS IVOR' TRUST BY BALD ' ' K TR BY BALD ' . ' TR 4632 SW • ON 4632 S ONT PO: AND,OR 97219 PO ' LAND,OR 97219 2S111CB01301 BANFORD, ROBERT D 2S112CC14500 BETTY R BARKER, BRUCE D&SUSAN L 14790 SW 104TH 20700 COUGAR HILLS LN TIGARD,OR 97223 HILLSBORO,OR 97123 2 S 103 DCO2300 2S1 11 C B02600 BARKER,RAELDON R DANA D BARTON, RICHARD M&DIANE M 11340 SW VIEWMOUNT CT 14915 SW 100TH AV TIGARD,OR 97223 TIGARD,OR 97223 2S111BC03600 2S114AB09500 BATES, STEPHEN CHRISTOPHER AND BAUER, BRYCE&CINDIA MARTINEZ B JODETTE SUGDEN 2006 AMENDED&RESTATED TRUST 10430 SW VIEW TERRACE PO BOX 460 TIGARD,OR 97224 FORESTVILLE,CA 95436 2S111BC01000 2S103BB11500 BAUMAN,C WAYNE&MARY BAXTER, PETER N/SUSAN E 10270 SW VIEW TER 12165 SW 123RD CT TIGARD,OR 97224 TIGARD, OR 97223 2S114AB09300 2S110AD05900 BEAUCHAMP,RUTH J BECKER,JOAN M 9292 SW MARTHA ST 10555 SW DELMONTE DR TIGARD,OR 97224 TIGARD, OR 97224 2S103DB08400 2S110AD04250 BEEBE,ESTHER M TRUSTEE BEHRENDT,ROBERT F AND SHARON A 11145 SW MORGEN CT 1450 S KIHEI RD C205 TIGARD,OR 97223 KIHEI, HI 96753 2S110AD04204 2S113BA00400 BE " • T,ROBE: SHARON A BEHRINGER HARVARD WESTERN � 1450 S KI PORTFOLIO LP K - I 96753 BY HARVARD PROPERTY TRUST 15601 DALLAS PKWY#600 ADDISON,TX 75001 2S110AB01300 2S111CA07300 BENAGNI,JOHN M BENHAM, SUSAN JEANETTE 14175 SW 112TH AVE 15210 SW 100TH TIGARD,OR 97224 TIGARD,OR 97224 2S112CC01800 2S112CC05200 BENJAMIN,JUDITH A BENNETT,TONY R 15965 SW 81ST CT 8070 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 2S110AD02310 • 2S110AD023000 BENZ,FRED S :•fir -FRED S PO BOX 230029 PO BOX A-1-:_• TIGARD,OR 97281 TIG• 111), OR 9728 1S134DD00700 2S111BC03800 BERNHARD, SCOTT M BERTULEIT, MIRIAM R/DANIEL TRS 10895 SW TIGARD ST 10390 SW VIEW TERRACE ST TIGARD,OR 97223 TIGARD, OR 97224 2S103AC06700 2S1 11 CBO5100 BILODEAU,DOUGLAS J& BLAIS,GREGORY M&BETTY A NICOLE S 15165 SW 100TH 12899 SW 113TH PL TIGARD, OR 97224 TIGARD,OR 97223 1 S 134DD02100 1 S 134CD04000 BLANCHARD,DAVID&MARY BLANCHARD,JAMES I/LAUREL J 11445 SW 107TH PL 12050 SW 121ST AVE TIGARD,OR 97223 TIGARD, OR 97223 1 S 134DA06500 2S 111 CA 14000 BOBERG, RICHARD BODEA,GHERASIM& 12480 SW FIRST CARMEN A BEAVERTON,OR 97005 15100 SW 98TH AVE TIGARD,OR 97224 2S111BCO2900 2S103BB11600 BOEHR,IRWIN I AND PATRICIA L BOEKELHEIDE, LEE AND TRUSTEES BECHARD, MARGARET E 10470 SW VIEW TERRACE 12180 SW ANN PLACE TIGARD,OR 97224 TIGARD,OR 97223 2S111CB01713 1S134DA08200 BOELLING,KAREN& JOHNSON,ROBERT BOGGS, BILLY L 10185 SW HOODVIEW DR 11310 SW BUFFALO PL TIGARD,OR 97224 TIGARD, OR 97223 2S 103BA00800 2S 103AC01800 BOOTH, DAVID&MARY P BOOTH, DAVID K 11865 SW WALNUT ST 11865 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 112CC05800 25 103BB 11800 BORDEGON,KEVIN BORMAN,NANCY F 15932 SW 81ST CT 12140 SW ANN PL TIGARD,OR 97224 TIGARD,OR 97223 2S 114AD04000 I S 134DD01300 BOROSUND,JEFFREY STEVEN BOYCE,ANA L& RONALD J 16633 SW 99TH PL P 0 BOX 23093 TIGARD,OR 97224 TIGARD,OR 97223 2S103BB08200 • 2S110AD07410• BOYCE,FREDERICK G&E JEANETTE BRADY, BARBARA L 12280 SW 124TH AVE 14911 SW 106TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S110BA08000 2S111CB05400 BRANSON,BRENDA BRAUN,MATTHEW E&TERI 11501 SW COLE LN 15211 SW 100TH AVE TIGARD,OR 97223 TIGARD, OR 97224 2S103AD05600 2S 111 BD01503 BREEN,DANIEL K AND DIANA L BREITENSTEIN, ROBERT W& 12740 SW 111TH MARGARET M TIGARD,OR 97223 14945 SW 98TH AVE TIGARD, OR 97224 25 103DB08800 1 S 134DA04800 BREWIN, SHARON F&MICHAEL K BRIGGS, JOSEPH R&MICHELLE L 11225 SW MORGEN CT 11385 SW 108TH AVE TIGARD,OR 97223 TIGARD, OR 97223 1S134CD02900 2S103AD00405 BRIMHALL, DIANA C AND BRISLIN,JOSEPH A AND GEORGE H LINDA W PO BOX 230668 10935 SW FONNER ST TIGARD,OR 97281 TIGARD, OR 97223 25 103BB 12300 2S 103BB 13300 BROWN,HARRY E& SALLY M BRO .I HARRY E : . - Y M PO BOX 230906 . PO BOX !•':: TIGARD,OR 97281 T - •D, OR 97281 2S111CB01749 2S110AD01800 BROWN,RICHARD K&CAROLYN M BROWN, SCOTT C 12670 SW 68TH AVE STE 300 14630 SW 106TH AVE TIGARD,OR 97223 TIGARD,OR 97224 1 S 134DA08700 1 S 134CCO2900 BROWNBRIDGE,ROBERT D BROWNELL, MICHAEL J AND 11321 SW BUFFALO PL PAMELA L TIGARD,OR 97223 11945 SW 122ND CT TIGARD, OR 97224 2S103DB09800 2S103AC01502 BRUMMETT, RODNEY L&REBECCA S BRYCE,VICTORIA R 11490 SW SONNE PL 11145 SW FONNER ST TIGARD,OR 97223 TIGARD, OR 97223 1 S 134DD00101 2S 112CD01300 BUCHANAN,MICHAEL R&SHEILA M BU' • • : MIC n . - EILA M 10525 SW TIGARD ST 10525 SW . • ' I ST TIGARD,OR 97223 TI AD, OR 97223 2S103AD03700 • 2S 110AD042400 BUITRON,DARRAH BUKRES, MIWAKO 13085 SW 107TH CT 14615 SW 106TH AVE TIGARD,OR 97223 TIGARD, OR 97224 2S 110AD04203 2S103AC07900 BUKRES, MIWAKO BURGESS FAMILY TRUST 14615 SW 106TH AVE 32399 SW LAKE DR TIGARD,OR 97224 WILSONVILLE,OR 97070 2S103AC06200 2S 103BB 12800 BURGESS,JAMES F&MARY B BURGESS, SCOTT A& LADONNA A 11350 SW FONNER ST 12275 SW ANN CT TIGARD,OR 97223 TIGARD, OR 97223 1 S 134DD00400 1S1 34DD00502 BURGHARDT,JOSEPH W BURGHARDT,THOMAS&AMY DOLORES J 10823 SW TIGARD ST 10805 SW TIGARD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AD00802 2S 114AB02600 BUSHELL,DIANE E BUTLER, KAREN L 11050 SW FONNER ST 9220 SW MILLEN DR TIGARD,OR 97223 TIGARD, OR 97224 1 S 134DA07500 BUTORI,EUGENE R TRUST& 2S114AD00600 BUTORI,VIRGINIA A CREDIT SHELTER T BUTTERFIELD,PATRICK D&RONDA BY BUTORI, EUGENE F TR 9005 SW WAVERLY DR 7645 SW CEDAR TIGARD,OR 97224 PORTLAND,OR 97225 1 • S 134DA08500 2S110AD04600 CABALLERO, RENEE A CAGLE, RAYMOND E&GLORIA P 11301 SW BUFFALO PL 10560 SW MURDOCK ST TIGARD,OR 97223 TIGARD, OR 97224 2S110AD02800 2S110AD02810 CAGLE,THOMAS E C- _ E, THOMAS PO BOX 26 PO BO 7 TUALATIN,OR 97062 ATIN,OR 97062 2S103BB12500 2S110AD01200 CALEN,KRIS D&DEBORAH CALWAY HILL HOMEOWNERS ASSOC 12150 SW 123RD CT BY STAN ADKINS BUILDER, INC PORTLAND,OR 97223 8459 SW BARBUR BLVD PORTLAND, OR 97223 2S 110AD09400 2S 110AD09500 CALWAY HILL HOMEOWNERS ASSOC - •Y HILL HOMEO ASSOC BY ST • •DKINS BUILD C BY STAN A D ' '►. -•n1 DER, INC 8459 SW BA' : 8459 SW e : '1:UR BLVD PORTL I,OR 97223 PO' AND, OR 97223 2S110AD09600 • 2S110AD09800 GALWAY L HOMEOWNE• ASSOC CALWAY HILL MEO ► ASSOC BY STAN ADK _: •, INC BY ST " i KI : u LDER, INC 8459 SW BA' : _ ' :L i 8459 SW B. '.:'. • :LVD PORTL ,OR 97223 PO' ND,OR 972 2S110AD09700 CALWAY HILL HOMEOWNE• ASSOC 2S 103AD06400 BY STA : �� ' . DER, INC CAMMACK,JUSTIN 8459 SW B= • : R BL 12695 SW 111TH PL P TIGARD, OR 97223 O: ND,OR 97223 2S110AD90000 2S114AB02900 CAN : :URY WOOD e DO CAPPELLI, CHERYL J UNIT O ► _' • 16405 SW 93RD , OM,, TIGARD,OR 97224 2S 110AB05200 CARLSON,DARIN LEE& 2S 114AB05000 JENNIFER MARIE CARSON, KELLY A 14155 SW 114TH AVE 9420 SW MILLEN DR TIGARD,OR 97224 TIGARD,OR 97224 1S134CCO2100 2S114AB08900 CASTELOW,CHARLIE T AND MICKEY G CATANESE,JOSEPH R 12315 SW KATHERINE 9275 SW MILLEN DR TIGARD,OR 97223 TIGARD, OR 97224 2S111CA14400 2S110AD03600 CERBU,MIRCEA&DELIA V CHAMBERS, HELEN A 15105 SW 98TH AVE 14685 SW 106TH AVE TIGARD,OR 97224 TIGARD, OR 97224 2S 103BB 13200 1 S 135CC00600 CHANDLER, STEPHEN L AND CHERRYL A CHANEY,CORALYN A 12270 SW ANN CT 11730 SW TIEDEMAN TIGARD, OR 97223 TIGARD, OR 97223 2S112CC05900 CHENEY, MICHELLE A& 2S 110AD08100 SCHOLZ, MARK H CHESNEY, DIANE MCCALLUM 15954 SW 81ST CT 14825 SW 106TH AVE TIGARD,OR 97224 TIGARD, OR 97224 2S103AD00805 2S114AB02800 CHOY,TONY SUNYEE CLARK, AMBER L&VINCE W 10975 SW PATHFINDER WAY 9260 SW MILLEN DR TIGARD,OR 97223 TIGARD,OR 97224 2S103DC01900 CLARK, PATRICIA G& 2S103DB08500 THEODORE D CLARK, WESLEY C 13890 SW 114TH AVE 11165 SW MORGEN CT TIGARD,OR 97223 TIGARD, OR 97223 2S103DB09300 • 2S113B000600 • CLARKE,JOHN G&KARYN S CLEAN WATER SERVICES 11380 SW ERSTE PL 2550 SW HILLSBORO HWY TIGARD,OR 97223 HILLSBORO, OR 97123 2S113BA00600 2S 103BB 11100 CLE ATER SER - CLIFFORD, MARK 2550 SW HIL • .WY 12115 SW 123RD CT HILL ': '0,OR 97123 TIGARD, OR 97223 1S134DA08300 2S111CA15000 COLE, DONALD R/NANCY A COMEGYS, DONALD L IDA J 11320 SW BUFFALO PL 15060 SW 100TH TIGARD,OR 97223 TIGARD, OR 97223 2S CA15200 2S110AD04900 COMEG , &•N• ' DA J CONNET,JOHN ROBERT&C JANE 15060 SW !; i 8416 SW 57TH TI • ' I,OR 97223 PORTLAND,OR 97219 1S134DA10900 2S112CD10400 COOK, KENNETH RALPH&RENEE R COOPER, MARK B 10710 SW NORTH DAKOTA 7855 SW ALDER ST TIGARD,OR 97223 TIGARD, OR 97224 2S111BC04800 COOPER,THEODORE P& 2S103DA02100 SHELLE R COPELAN,JEFFREY R&MARIA A 10198 SW INEZ ST 10885 SW DERRY DELL CT TIGARD,OR 97224 TIGARD, OR 97223 2S1 11 BCO2503 2S 112CD04500 CORLISS,JAMES L/CORA K COUTURE,ROBERT E&TRISH S 9750 SW INEZ PO BOX 3273 TIGARD,OR 97224 ARLINGTON, WA 98223 2S103CD03200 CRAMER,TRINISE L& 1S134DA04400 EVES, PATRICK D CRAVEN, RICHARD E& MARY N 13815 SW 115TH AVE 9170 SW ELROSE CT TIGARD,OR 97223 TIGARD, OR 97224 2S110AD02010 2S110AD02000 CRIST, DAVID L&BARBARA A CR T, DAVID L& BA: ? • '.• A 14672 SW 106TH AVE 14672 S E TIGARD,OR 97223 TIG• '.%, •R 97223 2S110AD02110 2S110AD02100 CROMBIE,RICHARD D JR :OMBIE, RICHA e JR 14678 SW 106TH AVE 14678 v••••-::•••49 :VE TIGARD,OR 97224 : • • I, OR 97224 2S111BCO2401 • 2S112CC06600 • CROSS, ROGER K III&CLARE E CROUSE, RICHARD L 10155 SW MURDOCK ST 8085 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 2S103AD00808 2S103DB09600 CROWHURST,CLIVE ROBERT&MARY M CULBERTSON,JON C 10980 SW PATHFINDER WAY 11385 SW ERSTE PL TIGARD,OR 97233 TIGARD, OR 97223 2S1 14AB 14800 2S103AC06500 CVANCARA,MARIE M DAHL,JANEA 9360 SW JULIA PL 12801 SW 113TH PL PORTLAND,OR 97224 TIGARD, OR 97223 1 S 134DA05600 1 S 134DA09400 DAILEY,DALE E& SONDRA L DAKOTA MEADOWS HOMEOWNERS ASSN 11343 SW 105TH PL BY BEACON HOMES INC TIGARD,OR 97223 9120 SW PIONEER CT STE E WILSONVILLE,OR 97070 1 S 134DA09500 1 S 134DA09700 DAKO • MEADOWS HOMEOWNERS ASSN DAKOTA MEADOWS HOMEOWNERS ASSN BY BEACO ES IN BY : _• S HOM • • 9120 SWPIO - = 9120S : • _. • • W $ V LLE,OR 97070 WIL ONVILLE,OR 97070 1 S 134DA09600 1 S 134DA 10000 DAKOTA MEADOWS HOMES •a RS ASSN DA MEADOWS •u OWNERS ASSOC BY : • t• . IM 9120 SW PIO■ • CT STE E PO BOX !:. WILS••• ILLE,OR 97070 T ' s,OR 97281 1 S 134DA09800 1 S 134DA 10600 DAKOTA MEADOWS HOMEOWNERS ASSOC DAKO • _ • . _ i • OWNERS ASSOC PO BOX 230666 POBO :... TIGARD,OR 97281 T . • ' I,OR 97281 1 S 134DA09900 1 S 134DA 10100 DAKOTA `! • 'S ASSOC DA. -e , u ADO • EOWNERS ASSOC PO POBO. :... TIG ,OR 97281 TI ARD,OR 97281 1 S 134DA 10300 1 S 134DA 10200 DAKs _- •DOWS . e •WNERS ASSOC DAIZOT-76.44EAfQWS HOMEOWNERS ASSOC PO BOX 231•:. PO BO TIGA ' 0,OR 97281 T RD, OR 97281 1 S 134DA09300 1 S 134DA07000 DAKOTA MEADOWS 0 .I ERS OF DALLAS,JESSICA A& LOT BIBLER,NEAL A 00000 11211 SW BUFFALO PL TIGARD, OR 97223 2S103BB08201 2S110AD00200• DALTON, KAREN DANCESCU, CHRISTIAN 12260 SW 124TH AVE 10633 SW CANTERBURY LN TIGARD, OR 97223 TIGARD,OR 97224 2 S 110AD00210 2 S 103 AC01503 D•NCESCU,CHRISTI ► DAVIS, ROBERT J 10633 S ' N 11195 SW FONNER TI • 'ill,OR 97224 TIGARD, OR 97223 2S103AD06500 2S1I1CA15100 DAVIS,VALERIE J DAVISON, STEPHEN ANN 12715 SW 111TH PL 15040 SW 100TH TIGARD,OR 97223 TIGARD, OR 97224 2S103DC03700 2S114AD04300 DAZZO,JOSEPH V&CYNTHIA K DEBENDETTI,DUANE& MISCHELL R 11335 SW VIEWMOUNT CT 9046 SW WAVERLY DR TIGARD,OR 97223 TIGARD, OR 97224 2S103DC01300 2S111CB01304 DEMEYER, ROBERT A DERIDDER,JANET E 11490 SW VIEWMOUNT LN 10365 SW DEL MONTE DRIVE TIGARD,OR 97223 TIGARD, OR 97223 2S103AD00803 2S103AD00812 DESANNO,DENNIS LAVAN& KAREN t - ANNO, DENNIS L: •N& KAREN 11010 SW FONNER 1 1010 v' --i ' TIGARD,OR 97223 TIG• ' i, OR 97223 2S103AC07600 1S134DA06900 DETOFSKY,ABRAM& HU,YI-KANG DEVE,PAUL M 12930 SW 113TH PL 11221 SW BUFFALO PL TIGARD,OR 97223 TIGARD, OR 97223 - 2S111CB01303 2S112CD14000 DEVERS,JAMES R&SUSAN M DIEC, TOAN P&TRAN M 14870 SW 104TH AVE 7882 SW ALDER ST TIGARD,OR 97224 TIGARD,OR 97224 2S110AD06000 2S110AD00300 DILLON,ALEXSAN M DIXON,CANDICE M 10545 SW DEL MONTE DR 10631 SW CANTERBURY LN TIGARD,OR 97224 TIGARD,OR 97224 2S110AD00310 2S111CB00300 DIXON,CANDICE M DOBLIE,THOMAS&MELINDA 1063 • •N ' : l 'Y LN 14875 SW 103RD AVE TIGA 0, i ' 97 TIGARD, OR 97224 • 2S110AB04900 • 1S134DA07400• DOBSON,MARK J&DOMINIQUE DONALDSON,TERRY 11466 SW COLE LN 11220 SW BUFFALO PL TIGARD, OR 97224 TIGARD,OR 97223 2S103AC08700 1S134DA07700 DONG,ZHAOHIU DORAN LIVING TRUST 12890 SW FONNER POND PL BY ARLENE DORAN TRUSTEE TIGARD,OR 97223 16000 SW 129TH TER TIGARD, OR 97224 2S 103 DCO2500 2S 103 DC05300 DOUGLAS,CHESTER H JR AND DOUGLAS,MARY P&BRIAN H ROSEMARY F 13820 SW 115TH AVE 11320 SW VIEWMONT CT TIGARD, OR 97223 TIGARD,OR 97223 2S114AB03600 2S111CA08100 DOWLER, HAROLD C&GAIL K DOYLE, MICHAEL P&CENDY L PO BOX 230301 9945 SW KABLE ST TIGARD,OR 97281 TIGARD, OR 97224 1 S 134DA07800 1 S 134DA04900 DUMBER,BRUCE T& DUNNING,CHARLES A JR KIDWELL,KRISTINA I 11390 SW 108TH 11260 SW BUFFALO PL TIGARD, OR 97223 TIGARD,OR 97223 2S113B000400 2S113B000500 DURHAM I LLC DURHAM II LLC 8100 SW DURHAM RD 8100 SW DURHAM RD TIGARD,OR 97224 TIGARD, OR 97244 2S112CC16300 2S112CC16400 DURHAM SCHOOL PARK)I•ERS OF DU: . : SCHOOL P. : • e • • •S OF LOTS 5-10 LOTS 11- , 00000 , i:it0 1S134CD03700 2S112CC04800 DURRETT,BARBARA P DUSKIN, GREG A&CAROL A 11960 SW 121ST 7998 SW BOND TIGARD,OR 97223 TIGARD, OR 97224 2S 103 AC05200 EATON,CANDICE M& 2S 111 BD03900 ARROWWOOD,JOHN M EDEN,JAMES D& LINDA J 12753 SW 113TH PL 9862 SW PEPPERTREE LN TIGARD,OR 97223 TIGARD, OR 97224 2S 103DB08300 1S1 34DA06600 EDSON, DAVID EDWARDS, DANIEL A& KAREN I 11140 SW MORGEN CT 10684 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD, OR 97223 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97224 2S111BC03700 2S111BCO2300 FAIRLEY,RONALD S&KAREN S FANTZ, GARY E AND GAY 10420 SW VIEW TERRACE 14530 SW 103RD AVE TIGARD, OR 97224 TIGARD, OR 97223 2S103DA01900 1S134CC03000 FARRIER,PAUL KONSTANTINE FARRIS, MATHEW D& 10845 SW DERRY DELL CT MINDIJO A TIGARD, OR 97223 11960 SW 122ND CT TIGARD, OR 97223 2S1 12CD 14400 2S 103 DC04400 FEGLES,JOSHUA J& BETHANY J FENSLER,VALERIE 13128 SE LINDEN PL#14 13795 SW 114TH AVE MILWAUKIE,OR 97222 TIGARD,OR 97223 • 2S114AB09400 • 2S103DC04800 • FERGUSON,KAREN A FIKE, JAMES C 9282 SW MARTHA ST 13875 SW 114TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S103ACO2400 FILLER LIVING TRUST 2S110AB01400 BY DAVID E&MARY CLOUD FILLER TRS FINLEY, CARL L/MARGARET E TRS 11500 SW FONNER ST 11260 SW GAARDE TIGARD,OR 97223 TIGARD,OR 97224 2 S 103 DCO 1100 1 S 134CD03900 FIRST BAPTIST CHURCH OF TIGARD,THE FISH, KIRK R 11075 SW GAARDE 12020 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S110AD08600 1 S 134DD00501 FISHER, ELEANOR FITZGERALD, ROBERT A AND 10505 SW CANTERBURY 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LUTHER, LAYLA M&CHAD M LYNCH, DORIS M 12365 SW 121ST AVE 10579 SW MURDOCK ST TIGARD,OR 97223 TIGARD, OR 97224 2S110AD02710 1S134DD00300 LYNCH DORIS • MAI, HAI 10579 S • • • i• 10755 SW TIGARD ST TIC I,OR 97224 PORTLAND, OR 97223 2S 114AB03000 2S 112CD09800 MANGHELLI, DONALD L AND MANNEH, BASSI& BARBARA A CALVIN-MANNEH, CARMELLE 16415 SW 93RD AVE 7955 SW CAROL ANN CT TIGARD,OR 97224 TIGARD,OR 97224 2S103BA00141 2S111CB01311 MARCHESE,MARK A AND CYNTHIA L MARGESON, ERIC C& DEBRA J 11965 SW LYNN ST 14785 SW 104TH TIGARD, OR 97223 TIGARD, OR 97224 2S103DB10900 2S110AD03100 MARLING,ROBERT WILSON AND MARSH, BONNIE S BOBB[LEE 10621 SW MURDOCK ST 13245 SW GENESIS LOOP TIGARD,OR 97223 TIGARD, OR 97224 2S 110AD03110 2S103AC08600 M- . BC • S MARTIN,JACQUELINE M 1062 ' ' MURD• 'T 12880 SW FONNER POND PL ARD,OR 97224 TIGARD,OR 97223 2S110AB04100 2S112CC05300 MARTIN,JESSICA L& MAY,GLADYS M & VANELLA,JOHNATHAN J SIKORSKI, MICHAEL 11460 SW GAARDE ST 8090 SW BOND ST TIGARD,OR 97224 TIGARD, OR 97224 2S103BA00112 2S111 BCO2501 MAYLENDER, CAROLE J MAYS, KENNETH W& KARLEEN R 11945 SW ANN ST 10115 SWMURDOCKST TIGARD,OR 97223 TIGARD,OR 97224 2S111BC00700 MCBRIDE,GLEN W& 2S103AD0080I JANET HALL MCCABE, SEAN& DANA 10135 SW INEZ 11090 SW FONNER ST TIGARD,OR 97224 TIGARD, OR 97223 2S 114AB04400 2S 103AD00806 MCCANNA,RYAN&AMBER MCCARTHY, PATRICK A& 9310 SW MILLEN DR HOLLY, SHELBY R TIGARD, OR 97224 10985 SW PATHFINDER WAY TIGARD,OR 97223 2S103DC04900 • 2S 112CC 1550 MCCLINTOCK, WILLIAM B&JEAN C MCCLURE, ELISE 13895 SW 114TH AVE 4632 SW VERMONT ST TIGARD,OR 97223 PORTLAND,OR 97219 2S 111 CA 14900 2S 103AC06900 MCCOBB,JAMES E&MARILYN M MCCUEN, DALE R& 9975 SW SATTLER ST WYATT, SUSAN E PORTLAND,OR 97224 12933 SW 113TH PL TIGARD, OR 97223 2S103AC08400 2S103AC08300 MCCULLOCH,JEFFRY T& MCCULLOCH, KATHLEEN M MCCULLOCK, KATHLEEN M 12850 SW FONNER POND PL 12860 SW FONNER POND PL TIGARD,OR 97223 TIGARD,OR 97223 2S111BD04400 2S110AD00700 MCDONNAL, WENDY L MCELHANEY, JONATHAN D 9837 SW PEPPERTREE LN 10623 SW CANTERBURY LN TIGARD,OR 97224 TIGARD, OR 97224 2S 110AD00710 2S 112CD09500 MCELHANEY,JONATHAN D MCGREGOR, SUSAN J 10623 SW CANTERBURY LN 4632 SW VERMONT ST TIGARD,OR 97224 PORTLAND, OR 97219 2 5 1]OAD01600 2 S 103 DB 10800 MCGUIRE, STEPHEN MCKINNEY, BRUCE CHARLES AND 10550 SW CANTERBURY LN EILEEN THERESA TIGARD,OR 97224 13235 SW GENESIS LOOP TIGARD, OR 97223 2S103DB08000 2S1 10AD03200 MCLELLAN,JULIE A MCNALLY,BELINDA C 11230 SW MORGEN CT 10627 SW MURDOCK ST TIGARD,OR 97223 TIGARD, OR 97224 2S110AD03210 2S111CB00400 MCNALLY,BELINDA C MCNIERNEY, CHRISTOPHER J 10627 SW MURDOCK ST 14835 SW 103RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 114AB05800 MENDY, DAVID B AND 2S110AD05600 GLORIA E MERRICK,MICHAEL D 9335 SW MILLEN DRIVE 14874 SW 106TH AVE TIGARD,OR 97224 TIGARD, OR 97224 2S110AD05610 2S110AD08300 ME' K,MICHAE D METCALF, ROY E JR&COLLEEN L TR 14874 S I• • E 2455 BELLEVUE TER OR 97224 WEST LINN, OR 97068 2S110AD08310 • 2S113BA00200 • METCALF,ROY E JR&CO = • L TR METZGER VENTURES,LLC 2455 BELL ' ' r. -` PO BOX 400 WEST L OR 97068 SHERWOOD,OR 97140 2S103BA00140 1S134DA05300 METZLER,ERIC G MILLER,ANDREW J&TRACI L 12035 SW LYNN ST 11252 SW 105TH PL TIGARD,OR 97223 TIGARD, OR 97223 2S111BD00504 2S114AB04100 MILLER, DAVID L AND MILLER,JEFF H& LESLI R JANICE A 16460 SW 93RD AVE 14900 SW 98TH TIGARD,OR 97224 TIGARD,OR 97223 2S111BCO2700 2S111BC04000 MILLER, PAUL E TRUST& MILLER,PAUL E&JUDITH A 10380 SW CANTERBURY MILLER,JUDITH A TRUST TIGARD,OR 97224 BY PAUL E/JUDITH A MILLER TRS 10380 SW CANTERBURY LN TIGARD,OR 97224 1 S 134DA05400 2S 112CD 14800 MILLS, DONALD R AND NANCY ANN MIRZAALI, FARHAD& 11310 SW 105TH PL AGHAHBARARY, FARAHNAZ TIGARD,OR 97223 7952 SW CAROL ANN CT TIGARD,OR 97224 2S114AC00500 1S134CCO2800 MITCHELL,DANIEL B&CANDACE M MITCHELL, RYAN J 16585 SW 92ND AVE 11965 SW 122ND CT TIGARD,OR 97224 PORTLAND,OR 97223 2S111CA00700 2S111CA00600 MITTELSTEDT,DANIEL& WINONA V B MITTEJEDT.DANIE WINONA V B 9880 SW SATTLER ST 9880 SW SATT TIGARD,OR 97224 TIGARD 97224 2S111CA00500 2S111CA14800 MITT DT, DA I. _ INONA V B MOLATORE, STEPHEN R& DEBRA L 9880 SW S• 9955 SW SATTLER ST TIG: '.i,OR 97224 TIGARD, OR 97224 2S1 14AB 13700 2S103 DCO2000 MONTGOMERY,ERICK JR MOORE,THEODORE P LINDA L 16247 SW 93RD AVE 13870 SW 114TH PORTLAND,OR 97224 TIGARD,OR 97223 2S111BD00505 2S111BD01602 MOORE,TIMOTHY& MORLAN,DENNIS M&ANN T TRS TEPES, IOANA 14865 SW 98TH ST 14940 SW 98TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S103AC01701 MORTENSEN,COLIN N • 2S114AD04200 • LOUISE ANE MULHOLLAND, DAVID C&RHONDA L 11160 SW FONNER 9022 SW WAVERLY DR TIGARD,OR 97223 TIGARD,OR 97224 2S111CB00500 MUNHALL LIVING TRUST 1S134DA08900 BY WALTER F&JEAN B MUNHALL TRS MURRAY, DAVID S 14805 SW 103RD AVE 11350 SW THUNDER TER TIGARD,OR 97224 • TIGARD, OR 97223 2S111CB05200 1S134DD01400 MYERS,CLARENCE DEAN& NABORS, FORREST A MARGARET EILEEN 11755 SW TIEDEMAN AVE 10042 SW LADY MARION DR PORTLAND,OR 97223 TIGARD,OR 97223 2S 114AB04800 2S1 12CD 1 3900 NADARAJAH, SUNDER& NADOLSKI, ANTOINETTE SUNDER, MANCHULA 7864 SW ALDER ST 9400 SW MILLEN DR TIGARD,OR 97224 TIGARD,OR 97224 2S103AC07500 2S114AB04200 NAVAS,MARIANA NEAL, HAZEL A REVOC TRUST 12958 SW 113TH PL 16430 SW 93RD AVE TIGARD,OR 97223 TIGARD,OR 97223 1S134DA02200 2S111CB02500 NELSON, EDGAR D AND STEPHANIE J NESS, DYANN E 10850 SW NORTH DAKOTA 14977 SW 100TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S110AD02400 2S110AD02410 NEVAN,NICOL NE • • , • OL 10561 SW MURDOCK ST 10561 S 51 • • ' _ TIGARD,OR 97224 TI _ • •D,OR 97224 2S112CC06100 2S114AB03900 NGUYEN, BINH T NGUYEN, MINH V&NINH T 15943 SW 81ST CT 8372 SW LANGTREE ST TIGARD,OR 97224 TIGARD, OR 97224 2S110AB04800 2S110AD07900 NIELSON,KENNETH E&MARY ANN NIKKARI,JANICE M 11488 SW COLE LN 14855 SW 106TH TIGARD,OR 97224 TIGARD, OR 97224 2S110AD07910 1S134DA06000 NIKKARI,JANICE M N O TS 1-7 14855 SW 106TH 000 TIGARD,OR 97224 ' • 2S103BA00110 • 2S111BCO2302 NOEL,JOHN B AND MARALYN A NOKES,DESTO 12055 SW ANN ST 15532 SW PACIFIC HWY TIGARD,OR 97223 STE C-1 B#22 TIGARD,OR 97224 2S111BCO2303 2S111CB05300 NOKES,KATHY EVELYN NOSIER, BRADLEY M&CASSANDRA A PO BOX 230231 10060 SW LADY MARION DR TIGARD,OR 97281 TIGARD,OR 97224 2S103DC01400 1 S 134DA06700 NOVELO, VICTOR R&MYLENE OACE, CHRISTINE A 23831 139TH PL SE 10660 SW NORTH DAKOTA KENT,WA 98042 TIGARD,OR 97223 1 S 134DA02800 25 103AC01300 OACE,JON R&CHRISTINE A OAK,RICKY JAMES 10660 SW NORTH DAKOTA 11245 SW FONNER ST TIGARD,OR 97223 TIGARD, OR 97223 2S111BD01801 2S103AC07400 ODELL, ROBERT CHARLOTTE OEHLER, RUSSELL E& 14850 SW 100TH CATHERINE A TIGARD,OR 97224 12972 SW 113TH PL TIGARD,OR 97223 2S111CB02900 2S110AD04202 OH,JAE YUNG&KYUNG O'HAGAN,JEANNINE 10049 SW LADY MARION DR 14625 SW 106TH AVE TIGARD,OR 97224 TIGARD, OR 97224 2S110AD04230 2S111CB01309 O'HAGAN,JEANNINE OLBRICH, GARY DAVID& 14625 SW 106TH AVE OLBRICH,MAUREEN MCKINNEY TIGARD, OR 97224 14865 SW 104TH AVE TIGARD,OR 97224 2S114AB04300 2S112CC14400 OLSON,CRAIG R AND ILENE K OLSON, DENNIS M & 16410 SW 93RD MARILYN J TIGARD,OR 97223 18820 SW TUALATA AVE LAKE OSWEGO,OR 97035 2S1 12CC 14300 2S103AC09000 OLSON, RONALD D& ON FONNER POND LINDA A OWNER'S ASSOCIATION 3297 SW LAKE GROVE AVE 12850 SW FONNER POND PL LAKE OSWEGO,OR 97035 TIGARD, OR 97223 2S103AC09100 2S111BD01518 ON FONNER POND ONNIS, DORIS A/ROBERTO 0 R'S ASSOCI• !• 15025 SW 98TH 12850 SW 5•-"_ POND PL TIGARD, OR 97223 TI • '4P,OR 97223 • 2S111CA14200 • 2S112CD05400 • ONNIS,•I i P 0 :ERTO ONTHANK,SONJA R 15025 SW ':" A' = 7947 SW BOND ST TIG a '..;OR 97223 TIGARD,OR 97224 1 S 134CC03200 2S 103 BB 10900 OSBO,JAN D OSBON, ROBERT K&TONI LYNN 12000 SW 122ND CT 12310 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 2S 112CD 14600 2S 112CD 14700 OTIS,BRIAN & LORRAINE OTI ,—_ '_ _ &Le '.• E 12244 SWAMESLN 122445 • TIGARD,OR 97224 TI • D,OR 97224 2S1 14AB03400 2S 103 BB 11700 OTIS, DAVID A OTT, ANITA B 8565 SW STRATFORD CT 6256 SW BURLINGAME AVE TIGARD,OR 97224 PORTLAND,OR 97201 2S1 10AD03300 2S110AD03310 OTTERSON,JACK W&ESTHER M OTTE e • - W&EST.ER M 38177 S DESERT STAR DR 38177 S DESE' _ - • , • TUCSON,AZ 85739 TU e •, •Z 85739 2S103AD00807 2S 103DB09200 OWEN, WILLIAM K& PALMER, ROBERT MATT&TRAE E STEPHANIE J BUGAS 11390 SW ERSTE PL 10990 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S 114AB09800 2S1 14AB 10000 PALOZZOLO,JOSEPH AND PARKER,LARRY T&SUZANNE C THERESA 9222 SW MARTHA ST 9242 SW MARTHA ST TIGARD,OR 97224 TIGARD,OR 97224 1 S 134DA03400 1 S 135CB00200 PASCUZZI INVESTMENT LLC PASCUZZI INVESTMEN C 10250 SW NORTH DAKOTA 10250 SW N COTA TIGARD,OR 97223 TIG ,OR 97223 2S 110AB05400 1 S 134DA02900 PASTOR, BRIAN J PATECKY,KENNETH F 11455 SW JACKIE CT 4014 ROSE ST TIGARD,OR 97224 VANCOUVER, WA 98660 1 S 134DA03000 2S112CC05600 PATE. KE H F PATEL, RAJENDRA J 4014RO - - 8154 SW BOND ST V• OUVER, WA 98660 TIGARD, OR 97224 2S103BB08600 PAULSON,ANGELA RENE REVOCABLZL 2S110AB04400 • PAULSON,JACK GUSTAV REVOCABLE LIVI PAULUS,JOHN G& KIMBERLY F BY ANGELA RENE/JACK G PAULSON TR 11370 SW R 97224 ST PO BOX 11585 TIGARD,OR 97224 PORTLAND,OR 97211 2S103BA00137 2S110AB04500 PERCY,JACK R&KATHERINE L PETERS, EDWARD P 11920 SW LYNN 11320 SW GAARDE ST TIGARD,OR 97223 TIGARD,OR 97224 2S111BC01100 2S110AD08200 PHILLIPS,AMY& PHILLIPS,JAMES RICHARD& LINN,JEREMY J ANNE CLAIRE 10220 SW VIEW TER 14809 SW 106TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110AD08210 1 S 134CD03100 PHIL ' _ •MES RICHARD : PHOU, LYNN YI& ANG,CHOUNG LIN ANNE CLAP 12070 SW 119TH 14809 SW 10. - AVE TIGA P, •R 97224 TIGARD,OR 97223 1 S 134DA07600 2S 110AB05000 PIERCE, SCOTT H& PINA, DANIEL/DOROTHY ANN PIERCE, DEAN H 11444 SW COLE LN 11240 SW BUFFALO PL PORTLAND,OR 97224 TIGARD,OR 97223 1 S 134CD03000 1SI34DA05500 PLUNKETT, BRUCE&JANICE TRUST PITTELKO,RICKY J&TINA M BY PLUNKETT,BRUCE A&JANICE E TRS 11348 SW 105TH PL 12040 SW 119TH PORTLAND, OR 97223 TIGARD,OR 97223 2S112CD13700 2S114AB05600 POAGE, STEPHEN D& LINDA K POLEN, BOBBIE C REVOC LT 7826 SW ALDER ST BY BOBBIE C POLEN TR TIGARD,OR 97224 9355 SW MILLEN DR TIGARD, OR 97224 2S103DC01800 1 S134DA07300 PORCELLI,CHARLES W&JOAN H PORTERFIELD, BRIAN M&REBEKAH S 13900 SW 114TH AVE 11210 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 2S110AD01000 2S110AD01010 POWELL,JACQUELINE S POWEL , • I • = S P 0 BOX 23322 P O BO TIGARD,OR 97281 T ' • ' ID, OR 97281 2S112CC04700 2S103AC07200 POWELL, ROBERT J& POWERS,JAMES J&JENNIFER L POWELL, ANNE C 12999 SW 113TH PL 15860 SW 80TH AVE PORTLAND,OR 97223 TIGARD,OR 97224 • 2S103BB08100 • 2S111BCO2800 PRESBYTERY IlkORTLAND THE POWERS,RONALD P CALVIN PRESBYTERIAN CHURCH 12290 SW 124TH AVE 10445 SW CANTERBURY LN PORTLAND,OR 97223 TIGARD,OR 97224 2S1 11 BC00900 2S 103BA00105 PRESBYTERY OF THE CASCADES PROCTOR, TIFFANY A& PATRICK E BY CALVIN PRESBYTERIAN CHURCH 11830 SW ANN ST 10445 SW CANTERBURY LN TIGARD, OR 97223 TIGARD,OR 97224 2S 103BA001 I l 1 S 134CD03200 PUGH,THOMAS R AND BARBARA J QUANTUM MANAGEMENT CORP 12005 SW ANN ST 7327 SW BARNES RD TIGARD,OR 97223 PORTLAND,OR 97225 2S114AB01300 2S114AB01200 QUELLO, DANIEL Y AND JACQUE L QUINTON, STANLEY R 16445 SW 92ND AVE 16300 SW 93RD TIGARD,OR 97223 TIGARD, OR 97224 2S 103BB 10300 2S 114AB09000 QU e A.._ RABAU, MARLA S& 16300 S WOLF, KEITH S T . • • I), OR 97224 12140 SW KATHERINE ST TIGARD,OR 97223 2S 112CD04800 2S 110AB04700 RACANELLI,ROCKY AND DENISE RADUT,GEORGE 7964 SW BOND ST 14127 SW 114TH AVE TIGARD, OR 97224 TIGARD,OR 97224 2S103 BB09300 2S 114AB01201 RAMIREZ, RENE VALENCIA& RAGSDALE, KEITH& MARNIE VALENCIA,ROSALBA& 12303 SW KATHERINE ST TIGARD, RAMIREZ,JENNIFER IGARD,OR 97223 16283 SW 92ND AVE TIGARD, OR 97224 2 S 103 DC03 800 1 S 134DA07900 RAMOS,MARTIN A& DIANE M RAMSEY, DOVIE L 13780 SW 114TH AVE 11270 SW BUFFALO PL TIGARD,OR 97223 TIGARD, OR 97223 1 S 134DA02300 2S11 1 BC03900 RANDALL,DONALD D AND JOANN RAUDY, BEVERLY 10800 SW NORTH DAKOTA 10360 SW VIEW TERRACE TIGARD, OR 97223 TIGARD,OR 97224 2S 112CD05201 2S 110AD02500 RAY,MICHAEL D/DIANA L REDELL,JULIE L 7979 SW BOND ST 10567 SW MURDOCK ST TIGARD,OR 97224 TIGARD,OR 97224 • 2S110AD02510 2S111CA15500 • REDELL,JULIE L REED, SUSAN J 10567 SW MURDOCK ST 9876 SW PEPPERTREE LN TIGARD, OR 97224 TIGARD,OR 97224 2S 110BA08100 2S103DC00824 RENAISSANCE CUSTOM HOMES LLC RENNE, RICHARD H &JENNIFER J 0 16771 BOONES FERRY RD 11298 SW VIEWMOUNT CT LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2 S 103 DC01104 2S11 1 CA08200 RE _, - _ : H&JE 4 R J 0 RHODES, TODD E& LISA M 11298 SW VIE k :• I CT 9935 SW KABLE ST TIGA• !, i • 97223 TIGARD,OR 97223 1 S 134DA09200 1 S 134DD00100 RICHARDS,BENJAMIN J& RICHARDS,JAMES E& SHARON S BROWN,JENNIFER S BY NORRIS& STEVENS 11390 SW THUNDER TER 621 SW MORRISON ST#800 TIGARD,OR 97223 PORTLAND,OR 97205 2S112CC05700 2S114AC00800 RICHARDSON, ROBIN J RICHMOND,CASEY G C& KATE P 15910 SW 81ST CT 9111 SW WAVERLY DR TIGARD,OR 97224 PORTLAND,OR 97224 2S103DC05400 2S111BD01514 RIVERA, ROBERT K AND GEORGENIA H RIVERMAN, WILLIAM E INA 13800 SW 115TH 14950 SW 100TH TIGARD,OR 97223 TIGARD,OR 97223 2S112CD10300 2S103DB08700 ROBINSON,JOHN C ROEHRDANZ, LEE J 7871 SW ALDER ST 11205 SW MORGEN CT TIGARD,OR 97224 TIGARD, OR 97223 2S111BD00506 2S111BD01601 ROEMHILDT,MARION ROGERS, MICHAEL R&ELIZABETH A 14980 SW 98TH ST 14815 SW 98TH TIGARD,OR 97224 TIGARD, OR 97224 2S114AB09100 2S103CD03300 ROLEY, BENJAMIN L&HEATHER J ROMAN CATHOLIC ARCHBISHOP OF 16282 SW 93RD AVE PORTLAND IN OREGON TIGARD,OR 97224 2838 E BURNSIDE PORTLAND, OR 97214 2S103DB09500 2S114AB09600 ROMEI,TONI& MCCONNELL,KELLY ROSE, DEBORAH 11375 SW ERSTE PL 9262 SW MARTHA ST TIGARD,OR 97224 PORTLAND,OR 97223 • 2S111BD01509 • 2S103AC01200 ROTHSCHILD,KEITH S • FRENI-ROTHSCHILD, ROUSE, DANIEL K&CHRISTINA L JACQUELINE A 11385 SW FONNER ST 14905 SW 98TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S111BD01702 2S111BD01701 RYAN, M LORRAINE ET AL RYAN, M LORRAINE ET AL do RYAN, DAVID PETER do RYAN, SCOTT P 1711 NW 100TH ST 1711 NW 100TH ST SEATTLE, WA 98177 SEATTLE, WA 98177 1 S 134DA08100 2S114AC01200 SACK, MELISSA F SADDLER, KEVIN F&RHONDA L 11290 SW BUFFALO CT 9142 SW WAVERLY DR TIGARD,OR 97223 TIGARD,OR 97223 2S110AB05800 2S111CB03100 SAIDEEPANE,CHANTHA K&SEE S SALAZAR,JOSE A 11410 SW JACKIE CT 10111 SW LADY MARION DR TIGARD,OR 97224 TIGARD,OR 97224 2S112CC01701 2S112CC01700 SATTLER,MARY I REV LIVING TRUST SATTL • MARY I REV LIVING TRUST BY MARY SATTLER TR BY MARY S 8255 SW DURHAM RD 8255 SW ) - '.'AM RD TIGARD,OR 97224 T _ 'o, OR 97224 . 2S 103AD05500 2S 103 DA01800 SAVAGE,PETER A&JENNIFER J SAWKINS, DOUGLAS S& 12760 SW 111TH PL CAROLYN M PORTLAND,OR 97224 10815 SW DERRY DELL CT TIGARD, OR 97223 2S 112CC06000 1 S 134DD00102 SAYLER, DEBORAH A SCHAEFER,DONALD M& MILYNN 0 13500 SW PACIFIC HWY#442 PO BOX 23697 TIGARD,OR 97223 TIGARD, OR 97281 2S112CD05100 2S112CC05400 SCHEFTER,ANDREW R&ABBIE SCHMIDT,DONALD E& 7995 SW BOND ST SCHMIDT,ANGELA CLAYTON PORTLAND,OR 97224 8110 SW BOND ST TIGARD,OR 97224 2S1 14AB 14700 2S 114AD00500 SCHMIDT,MICHAEL J SCHOEN, MICHAEL S& DEBRA D 9360 SW JULIA PL 9023 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S103DB09700 2S 103AC01700 SCHOPPE,PAUL&KATHRYN J SCHULTHEIS,ERIC D& 11395 SW ERSTE PL 11180 SW FONNER ST TIGARD,OR 97223 TIGARD, OR 97223 2S103BB12000 • 2S103AD00811 • SCHULTZ, KINDES A SCHULZ, DAVID 12100 SW ANN PL LINDA M TIGARD,OR 97223 19105 NE HWY 240 NEWBERG,OR 97132 2S103AC07300 2S 114AB03100 SCHWEITZ,ERIC A& SCHWEIZER,THOMAS E MARTHA L 16425 SW 93RD AVE 12980 SW 113TH PL TIGARD, OR 97224 TIGARD,OR 97223 2S11 1BC01200 2S112CC00200 SEARS,ALLEN C SECO LAND DEVLOPMENT INC c/o WILLIAMS,GRANT&LANA 1310 SW 17TH ST 10190 SW VIEW TER PORTLAND,OR 97201 TIGARD,OR 97224 2S110AD05100 2S103DCO2100 SEELEY,TANYA SEIBT,ALVERT T&DARIAN J 14830 SW 106TH AVE 13850 SW 114TH AVE TIGARD,OR 97224 TIGARD,OR 97223 S 103AC06800 2S 110AD05310 2S103A K, LEE A&ELIZABETH J SENEN-GONZALEZ, ROLANDO& 12911 SW 113TH PL ROJAS-GONZALEZ, MARIA A TIGARD, OR 97223 14856 SW 106TH AVE • PORTLAND,OR 97224 . 2S110AD05300 1S135CC00400 SENEN-GONZALEZ,ROLANDO& SHADBOLT,LEE J AND TAMARA A ROJAS-GONZALEZ,MARIA A 11640 SW TIEDEMAN AVE 14856 SW 106TH AVE TIGARD,OR 97223 PORTLAND,OR 97224 2S114AB15000 2S112CC01801 SHAKIBA,NOUSHIN SHANAFELT, LAUREL 9330 SW JULIA PL 8175 SW DURHAM RD TIGARD,OR 97224 TIGARD,OR 97224 2S103DC05500 2S11 1 CB00600 SHARP,MARION L& SHELLEY, ANDREW N BAKER,DELMAS L 14820 SW 103RD AVE 13780 SW 115TH AVE TIGARD, OR 97224 TIGARD,OR 97224 2S110AD01100 2S110AD01110 SHIBLEY, KENT D&RUTH K SH_: EY,KENT D&RUT 10615 SW CANTERBURY LN 10615 S ►• " u ' :URY LN TIGARD, OR 97224 TIG: 'it,OR 97224 2S103AC09400 2S110AB04200 SHIEH,CONAN M & SHUEY,NEIL E/DONNA M SUN,LILY 13895 SW BOXELDER ST 11460 SW FONNER ST TIGARD, OR 97223 TIGARD,OR 97223 2S103DB08600 • 2S103BB10500 • SIGWORTH,DWIGHT L AND SINHA, RAVI & SARI S KAREN K 11185 SW MORGEN COURT 12240 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 2 S 103BB 10400 2 S 103 BB 13100 SIU, WING K SIXEL,KURTIS M& KRISTINE R 12180 SW KATHERINE ST 12240 SW ANN CT TIGARD,OR 97223 TIGARD,OR 97223 2S111CB01601 2S111CB00800 SLAUGHTER,JOHN A BEATRICE SMELTER, CRAIG C &JULIE A 15055 SW 100TH AVE 14900 SW 103RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110AD04700 1S134CD03400 SMITH, DAVID ALLAN& SMITH, DAVID H/KARYN M TAMI LARAYNE 11995 SW 119TH 10570 SW MURDOCK ST TIGARD, OR 97223 TIGARD,OR 97224 2S103BB11900 2S112CD04600 SMITH,JEFFREY G& RACHEL R SMITH,JOHN WILLIAM 12120 SW ANN PL 7932 SW BOND ST TIGARD,OR 97223 TIGARD, OR 97224 2S 114AB03200 2S 103BA00136 SMITH,RICHARD A&BARBARA M SNOW, PAUL M& BONNIE F 16435 SW 93RD AVE 11870 SW LYNN ST TIGARD, OR 97224 TIGARD, OR 97223 2S 103 DC01700 1 S 134DA02400 SOBERG, RONALD D&MARY M SOLLARS, RONALD L 11333 SW GAARDE ST 10770 SW NORTH DAKOTA TIGARD,OR 97224 TIGARD, OR 97223 2S111CA07200 2S112CC14900 SOMMERS,GREG J SOTELO,JORGE A& 9960 SW SATTLER ST VERONICA L TIGARD,OR 97224 16029 SW 80TH PL TIGARD, OR 97224 2S114AC00400 2S110AD02600 SPIERING,MARY F STANLEY,CHERIE 16545 SW 93RD AVE 10573 SW MURDOCK TIGARD,OR 97223 TIGARD, OR 97224 2S110AD02610 2S111CA14500 ST° - CHERIE STARKEY, WILLIAM L& BONNIE K 10573 S : -::e 9825 SW SATTLER ST TI • I,OR 97224 TIGARD, OR 97223 2S111CA10800 • 2S114AB03700• STEPUTIS,KIRK R&DONNA M STEVENS,TIMOTHY&SHERYL 15213 SW 98TH AVE 16530 SW 93RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 103BA00144 2S114AB01202 STEVENSON,MERLIN P AND STEWART,HAROLD&BETHANY THERESA 16305 SW 92ND AVE PO BOX 230295 TIGARD, OR 97224 TIGARD,OR 97281 2S103AC07100 2S 110AB05700 N, KEITH& STEWART, PETER B&TRACY D JULIE J J 12977 SW 113TH PL ULIE TIGARD,OR 97223 11430 SW JACKIE CT TIGARD,OR 97224 1S135CC00500 2S110AD00100 STOVER, LAWRENCE W& SHARON A STRATTON,CHARLA MARIE 11700 SW TIEDEMAN AVE 10635 SW CANTERBURY LN TIGARD,OR 97223 TIGARD, OR 97224 2S110AD00110 2S110AD03700 STRATTON,CHARL IE STRICKLER,JAMES P& 10635 SW C U � TINA R 14677 SW 106TH AVE TIG , OR 97224 TIGARD, OR 97223 2S114AC00900 1S134DA04500 SULLIVAN,HELEN M&ROBERT W SULLIVAN, SEAN P&SUSAN S 9079 SW WAVERLY DR 11295 SW 108TH AVE TIGARD,OR 97224 TIGARD, OR 97223 2S103DB07300 2S103AD00809 SWEENY,MICHAEL SYPERT, BARBARA D 11155 SW EDEN CT 10970 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD, OR 97223 2S103DA01901 2S103DC05600 SZKLARZ,THOMAS E&CINDY R TAMASAKA, GARY&JEAN 10825 SW DERRY DELL CT 13750 SW 115TH AVE TIGARD,OR 97223 TIGARD, OR 97223 2S 103 BB06800 2S 110AD07810 TAPIA, SERGIO TARLOW,DONALD 0/PATRICIA A 12442 SW 122ND AVE 4974 CASCARA LN TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S 110AD07800 2 S 103 BB09200 TARLOW,DONALD 0/PATRICIA A TATE,TIMOTHY 0 AND SUE ANN 4974 CASCARA LN 12305 SW KATHERINE ST LAKE OSWEGO, OR 97035 TIGARD, OR 97223 2S103DA02000 • 2S 111 CB00900 • TESSMAN,OWEN H THOMAS,DON W BONNIE L 10865 SW DERRY DELL CT 14940 SW 103RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S111CB02700 25103AC06100 THOMAS, DONALD W THOMPSON,JANET BONNIE L 11340 SW FONNER ST 14940 SW 103RD TIGARD,OR 97223 TIGARD,OR 97224 2S114AB04000 1S135CB00300 TICAS, SONIA P& TIEDEMAN CROSSING LLC GUERAUATE,TAOUFIK 11445 SW TIEDEMAN RD 16480 SW 93RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S 103DC01000 2S110AD08701 TIGARD ASSEMBLY OF GOD TIGARD COLONY LIMITED PARTNERSHI 11265 SW GAARDE ST 380 UNION ST STE 300 TIGARD,OR 97223 WEST SPRINGFIELD,MA 01089 2S110AD08700 2S110AD08801 TIGARD COLONY LIMITE P ' ' ERSHI TIGA' r ': _• Y LIMITED PA: 11► •SHI 380 UN • 1 -i i 380 UNION ST 'o'-:: WES : • GFIELD,MA 01089 WES .' ' 'GFIELD,MA 01$ 2S110AD08806 2S111BCO2600 TIGARD WATER DISTRICT TIG•" D COLONY LIMITED PAR ► RSHI ! 8777 SW BURNHAM ST 380 UNIONS ! WEST SP:_' LD, MAO s:' PO BOX 23000 TIGARD, OR 97223 1 S 134DA 10500 1 S 134DA 10400 TI _ ' D CITY OF T • • ! ITY • 13125 SW - • • : 13125 e VD TI 5,OR 97223 T : • RD, OR 97223 1 S 134DD00103 2S 103BB 11000 Tom • 5, CIT . • • C • 131255 ' °r _ = P 1312 : HA : _ P TI • • 5,OR 97223 T ARD, OR 97223 2S103BB10200 2S103AD06800 TIGARD, CITY _ TIG• • :, IT 13125 VD 13125 • . :LVD RD,OR 97223 TI •RD, OR 97223 2S103AC07700 2S103AD00810 TIGA' ', : TIGARS c — • 13125 S •ALL : ' P 131 . HALL : P TI ,. • 5,OR 97223 T GARD,OR 97223 2S103DB07700 • 2S 103DB 12000• TIG ;CITY • TI. ' ' ' CI 13125 S • . - D 13125 S • • _ :LVD TI - • II,OR 97223 - TI • D,OR 97223 2S 103DB 12100 2S 103 DB 11900 T '.: OF - • ' D C OF 13125 S A ; VD 13125 VD TI ' P,OR 97223 ARD,OR 97223 2S 103DB 11100 2S110BA09400 TIGARD,CITY ! T - :RD,CITY 0 13 .i _ : VD 13125 v' - BLVD TI • '411),OR 97223 T . - '�P,OR 97 2S 110BA09500 2S1 12CD 10200 TI •RD,CI • TI ^ • I CI i 13125 • •• L BLVD 13125 • AL TI • ' I,OR 9722 TI • RD,OR 97223 2S 112CD 14900 2S 114A001500 T GARD,CIT -: TI CIT 1312 •• ' • -- _ _ I 13125 S LVD TI • • P,OR 97223 TIG ,OR 97223 1 S 134DD00900 1 S 134DD01000 TIGARD-TUALATIN SCHOOL TIGA• .-' _ •LATI - ••L DISTRICT#23J DISTRICT# . 6960 SW SANDBURG ST 6960 S ' •NDBURG TIGARD, OR 97223 TIGA"D,OR 97223 2S114AA00100 2S113B000300 TIGARD-TUALATIN SCHOOL TIGARD-TUALA •- OOL DIS CT#23J DIST 41 -� 6960 SW URG ST 6960 • SANDB • . T D,OR 9722 T 'ARD,OR 97223 2S113BA00500 2S113BA00401 TIG•.RD-TUALATIN SC ••L TIG• RD-TUALATIN SCHOOL DISTRI :23 DIST NI . #2 6960 S . • ` : - ' 6960 AN• : . ' T T . • ' ', OR 97223 T. 'ARD,OR 97223 2S1 12CD 14500 2 S 110AD05 800 TITTERINGTON,PETER K&ROSE TREAT, SHIRLEY L 7925 SW CAROL ANN CT 14900 SW 106TH AVE TIGARD,OR 97224 TIGARD, OR 97224 2S 103BB 10100 2S 110AD04800 TRINH,PHU PHONG& PI-IUONG LE TRUHN, SALLY E 12155 SW KATHERINE ST 14800 SW 106TH AVE TIGARD, OR 97223 TIGARD, OR 97224 • 2S111CA00400 • 2S110AD04201• TUCK, ROGER D TUCKER,NOEL EDWARD 15195 SW 98TH AVE 14635 SW 106TH AVE TIGARD, OR 97224 TIGARD,OR 97224 2S110AD04220 2S111BD04300 TU NOEL ED • TWADDELL, WILLIAM B& 14635 SW I!'• SHERMAN, BONNIE M TIG s '��,OR 97224 9855 SW PEPPERTREE LN TIGARD,OR 97224 2S110AD02210 2S110AD02200 UHLER,ANN S& U LER, ANN S& COATES,LAURA C COA , _• C 14684 SW 106TH AVE 14684 •• 106TH A' TIGARD,OR 97224 .,'ARD, OR 97224 2S1 03BA00142 2S 110AD08690 UNDERHILL,JILL UN N 11875 SW LYNN ST 00 TIGARD,OR 97223 ' 2S 110AD07700 2S 110AD07710 VACHAL,JANET L VA_—. ANE 6843 SW 63RD AVE 6843 SW •_ ' i A PORTLAND,OR 97219 P• ' - AND,OR 97219 2S 112CC04300 2S103 DB06900 VANDERHEIDEN, SEAN VANDERSCHOOT, HENS C&DONNA M 15855 SW 80TH AVE 1170 SW EDEN CT TIGARD, OR 97224 TIGARD, OR 97223 1 S 134DD01500 2S 110AD07500 VANDOORNINCK, WOLTER H VANHORN,CARMEN 8355 SW DAVIES RD 14905 SW 106TH AVE BEAVERTON,OR 97008 TIGARD,OR 97224 2S 110AD07510 2S 103 BA00101 V• ► .ORN,CA' u - VANSANT,JEFFREY 14905 S • • • 12070 SW ANN ST . • ' D,OR 97224 TIGARD, OR 97223 2S103DB09000 2S103DC04700 VARNEY, ROBERT C&REGINA T VATERNICK, GEORGE P 11265 SW MORGEN CT CAROLYN A TIGARD,OR 97223 13855 SW 114TH AVE TIGARD, OR 97223 2S 114AB09900 2S 114AD00700 VELARDI,JEANNETTE VICTOR, DAVID J&MICHELLE H 9232 SW MARTHA ST 8981 SW WAVERLY TIGARD,OR 97224 TIGARD, OR 97224 1 S 134DD01200 • 2S 110AB01600• VILLASENOR,JOSE WAGNER LIVING TRUST 11675 SW TIEDEMAN AVE BY WAGNER,MICHAEL A& DONNA M TRS TIGARD,OR 97223 14070 SW 114TH AVE TIGARD,OR 97224 1 S 134DA09100 2S103DC05000 WAHL,DALE N WALKER,GORDON V AND 14639 NW SETHRICH LN SUSAN B PORTLAND,OR 97229 13900 SW 115TH TIGARD,OR 97223 2S 114AC01300 2 S 103 DCO2400 WALKER, MARK&LISA WATKINS, KEVIN M AND GAIL C 9174 SW WAVERLY DR 11330 SW VIEWMOUNT CT TIGARD,OR 97224 TIGARD,OR 97223 2S112CC01804 2S114AD04700 WATT,DOUGLAS A&KATIE S WA = tt-will •UCTION 15987 SW 81ST CT TIGARD,OR 97224 2S 114AD04400 2S 103BB 11400 WAVERLY ESTATE OF WEBB,THOMAS E AND JUDY A LOT = 12145 SW 123RD CT , 0 TIGARD, OR 97223 2S110AD03900 2S11 1 CB02300 WEBBER,MICHAEL D WEBER, MARILYNN C 9612171ST AVE SE 3812NE35THPL SNOHOMISH, WA 98290 PORTLAND,OR 97212 2S111BD01802 1S134CD03500 WEBER, WALTER N& WEITKAMP,JAMES N& FLORENCE J TRUSTEES HARLOW, STEPHANIE L 9980 SW MURDOCK 11965 SW 119TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S 103DB08900 2S 103BB09800 WELCH,MICHAEL& WELLS,JONATHON A BREDESEN, DANIELE 12020 SW 122ND CT 11245 SW MORGEN CT TIGARD,OR 97223 TIGARD,OR 97223 2S110AD03800 2S111CA07400 WENSTRAND, ROBERT G WESTLING,GREGORY W& 14661 SW 106TH AVE BROER-WESTLING,JENNIFER S TIGARD,OR 97224 15240 SW 100TH AVE TIGARD, OR 97224 2S111CB02400 2S114AB14900 WHEATLEY, ROBERT W& WHEELER, HEIDI M WHEATLEY, CATHERINE D& WEBER, DELORES Y 9340 SW JULIA PL 14945 SW 100TH AVE TIGARD, OR 97224 TIGARD,OR 97224 • 1 S 134DA06800 • WHEELER, RICHARD L& 2S110AD085100 JANETTE K WHITMORE,DOUGLAS E&GWENDOLYN 11231 SW BUFFALO PL 14803 SW 106TH AVE#44 TIGARD,OR 97223 TIGARD,OR 97224 2S 110AD08500 2S114AB05900 WHITMORE,DOUGLAS E&GWENDOLYN WILCOX, DALE G/NANCY A 14803 SW 106TH AVE#44 REVOCABLE LIVING TRUST TIGARD,OR 97224 BY DALE G/NANCY A WILCOX TRS 9325 SW MILLEN DR TIGARD,OR 97224 2S1I1BC04400 WILDER, RANDY A&JANETTE L 2S1]1BC04300 COCHRAN, BOYD C& WANDA J WILDER, RANDY A/JANETTE L WESTENHAVER, DANA L& MARY LYN T 14541 SW 100TH AVE 14563 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S1 12CD05000 2S110AD00400 WILKERSON, RANDAL D& WILLEMS,ATHENA M DARIN 10629 SW CENTERBURY LN 7996 SW BOND ST TIGARD,OR 97224 TIGARD,OR 97224 2S 110AD00410 2S 114AD00400 W LEMS,ATHEN• WILLIAMS,MICHAEL A& HIROMI T 10629- RBURY LN 9047 SW WAVERLY DR • • , OR ' - TIGARD,OR 97224 2S110AD00600 2S110AD00610 WILLIAMS,TERRY T WIL •u TERRY T 10625 SW CANTERBURY LN 10625 SW C: = Y LN TIGARD,OR 97224 TIG• '.:,OR 97224 2S 103 BB 12100 2 S 103 AC05100 WILLIAMSON,ALONZO C AND WINGEIER, RICHARD CLAYTON& CHRISTINE S RACHEL ANN 12105 SW ANN PLACE 12775 SW 113TH PL TIGARD,OR 97223 TIGARD, OR 97223 2S111CB02601 2S111CA07500 WINSTON,MARK&ZSUZSANNA WINSTON MARK& _ _ ' • • A 14925 SW 100TH AVE 15250 SW s:" • • = TIGARD,OR 97224 TI • 'U,OR 97224 2S 103 BB 10600 1 S 134DA05200 WITTKOP,JAMES G AND WOODCOCK, STEPHEN M& FLORENCE L PATRICIA A 11300 SW 108TH AVE 12140 SW 123RD COURT TIGARD,OR 97223 TIGARD, OR 97223 2S 114AB05700 1 S 134DA08800 WOOLFE,GREG L&JANIE L WORTHEN,ROBERT W&TONI M 9345 SW MILLEN DR 11340 SW THUNDER TER TIGARD,OR 97224 TIGARD,OR 97223 • 2S 111 CA 10700 1 S 134CC03300• YACKLEY,HAROLD G&JOAN I Y— : -l W ► : I LL 15225 SW 98TH AVE OWN ' ' • -• S 3-5 TIGARD,OR 97223 , :e000 2S1 14AB04900 2 S 103 BB08500 YOCOM,ERIC J&JENNIFER A YOUNG,JOHN G VIRGINIA F 9410 SW MILLEN DR 12425 SW 122ND AV TIGARD,OR 97224 TIGARD, OR 97223 2S 103DB l 0000 2S103BA00102 YOUNG,VANCE A ZARR,JAMES A AND DONA J 11470 SW SONNE PL 12010 SW ANN ST PORTLAND,OR 97223 TIGARD,OR 97223 1S134CCO2700 2S114AC01000 ZOTTOLA, CHRISTOPHER P& ZWICK,CHARLES JASON& KATHLEEN R HOLDEN, KISA 11985 SW 122ND CT 9080 SW WAVERLY DR TIGARD,OR 97223 TIGARD,OR 97224 2S 103AC01900 ROGERS, SHERRI L 2S 3554 SE BRADLEY CT HILLSBORO,OR 97123 2S 00 • • Barry Albertson Josh Thomas 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133dd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SET IFR THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOIRECOWEIDIRIAMSHNta, III v IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p . DEL 1 g 2006 TIGARD CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 20, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 12, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENT TER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean.Farrelly 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS: Add a"Meeting and Event Use" category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential • zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add- use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts;and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include"Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUC TED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-6842772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI'1'h N TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITINN TESTIMONY ON THIS PROPOSED ACIION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'1'1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACIION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECH'HON AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. • City of Tigard .-----.-;;; , F,• Vc:_ __:f,8: %''J;9 /�v it 13125 SW Hall Blvd. ( (`7 k Tigard, OR 97223 :44.�,'�; �0 Rte/''''''-`"''''2'" j L,S.PO5TAG S Z Q 2 o Q CC N 0 LL 1J1j4U1-U2S000 jU HOERNER,ROBERT A JR W >, 11311 SW BUFFALO PL 0 TIGARD,OR 97223 w 0 2S112CC15100 I NIXIE 970 1 01 12/10/08 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 97223814425 *0929-01844-2B-43 ,..9z;..a37.0.3.4 Il,i„i,,,l.,,.I,1,,1,I.,,11.,1„i„„lid,,hi„I„I,i,l,l,,, Id City of Tigard , : .r-7 , :-,-, ._ - =J 13125 SW Hall f '`'� _ _ Blvd. c-:, , . Tigard, OR 97223 CCZS.CS ;4:6,r-9 r;4,.y Q ,4 / A. \--..93–/ PB T,—,1 �U.S POSTAGE a arc:. 2 * __ ' \ 2S112CD14400 �� ' 0``` FEGLES,JOSHUA J=&.BETHANY J c2G\ 13128 SE LINDEN PL#14 MILWAUKIE,OR 97222 f� f�' X 970 NO i .5OS C O1 10)26108 , J .� ` �-� FORWARD TIME EXP RTN TO SEND FEGLES t(3(t 11 7937 SW CAROL ANN CT TIGARD OR 97224-7585 RETURN TO SENDER .-5-.-.1 - - t- -...- .w fw 2 4 :3.44 11111111 ■I„1,(,11,1„11►11,1,1,,1111)11,1„1„1,1,1,1,,,11,1 Ci ty of Tigard ard .. ., . .. .. • '''.'"-C-:.A i?'„'``,,',.7--:''.1-?,,,4.-,-;:,,t-.',-,,z, -...._::—..-,...,, .4 .. , , . 13125 SW Hall Blvd. 0C126 0 6 10;;VIPT;,2? :-- n 3 Tigard, OR 97223 • fi( ,! 1Q — U.S.pen-fAcIE . , . RECEIVED PLANNING IS1.541AJUI4U0 OCT 3 1 2006 ., NABORS,FORREST A 11755 SW TIEDEMAN AVE , , PORTLAND,OR 97223 CITY OF TIGARD , . NIX IE 970 1 0/ 10/30/08 , ,nr,1",11,1,1/11111 , . RETURN TO SENDER , , NOT DELIVERAMLE AS ADDRESSED UNADLE TO FORWARD DC: 97220919973 *2499-01935-30-1S C:1:::l':"":1:1•"'• + re.....t g 711:0"r43±92 11111111111111111111111111111111111IIIII11111111111111111111 , City of Tigard r.77-:, -7.7-.: :;71.7-i:-.:77.. . (-;fr>/-r 3\`'-..- .,`,„.:',; -,-,,:r 13125 SW Hall Blvd. • . • ,'--0,-..,60 i 0 -.1 6'V., r';:::;0-',"";;`-'''; 0 3 9 Tigard, OR 97223 R73 — lti.51.FF lel Etcr ADERt§3 i,,g'...1),. ,•e=&'',t ' • it /..i.s.z.b-c-f::-..::•,:n; _.........,___is, . 5701 E LSBOROUG TAMPA, FL 610-_5423 NA SKI,SKI, ANT°IN EHT TAEv GE. N . . • . • . . . . ' • , I . • • • • . . , iiiii,liiiii.ifighsilltinilighlitiiiiiiiilfiliiiiilliiiimil • . • City of Tigard 9 = ,,& 13125 SW Hall Blvd. ► =��'�� Q .3 fr fr Tigard, OR 97223 � ° 8� ~ - 8320772 RECEIVED PLANNING 2S114AB03400 OCT 3 1 2006 OTIS,DAVID A 8565 SW STRATFORD CT TIGARD,OR 97224 CITY OF TIGARD NIXIE 5370 1 Di 1O/30/0E5 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 97223014425 *2409-03304-30-15 -- :. •- ;.: �972' +144 llrlr►I►r►Irrl►irrirl►r1I I, lrrrrlirlrrlrl►►I►ri►l►i,l►►►II%I City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 CCI26'06 ;j %� 0 . -_ � ;i `; i0 fr 2320772 "�• �°�'° �* PLANNING 1 S 134DA02300 RECEIVED RANDALL,DONALD D AND JOANN OCT 3 1 2006 10800 SW NORTH DAKOTA TIGARD,OR 97223 CITY OF TIGARD NIXIE 970 1 Oi :LO129.105 RETURN TO SENDER • NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD DC: 97260019979 *0929-01057-29-43 • '-V.9712':4'=, 199 1{rlrr{rr►{rr{rlrr{rlr►Ililr►I►rrr{{Ir{rrlrlrr{irr{rr{{rl{rrr) City of Tigard %�H/�L (:zr :: 7 F7-7'g. 13125 SW Hall Blvd. 0C126'06 '4:::/!97W.'' ::: 0 .3 9 lam' Tigard, OR 97223 P0,14 `Pa METER U.S.POSTAGE SO P\.r` 8320772 F`SCE\\I 1006 tr 00 % P�^ Q `, O` 1`� 1S134DAU98UU G\1 ` DAKOTA MEADOWS HOMEOWNERS ASSOC PO BOX 230666 TIGARD,OR 97281 NIXIE 970 i D':L 10/q9/08 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 9722399973 *09.29-02546-25-43 •_: ter: : _ _—..,%. <^R'.s�' 481.99 ll tl ltltttl ttltlttl tlttlltlttll,ttllltlttltlttltl,lttlltlitttl City o f Tigard \G A A , A L' ' "' 13125 SW Hall Blvd. o:41, A 7 Tigard, OR 97223 cC126'06 6� 0 .3 t 7=4� Ua A� � rg tr tr R P"E rsa U.S.POSTAGE. g 832077? r j RECEIVED PLANNING L luiLmv/UUU OCT 3 1 2006 BAKER,JASON L&JUDY L 9790 SW SADIE DR CITY OF TIGARD BEAVERTON, OR 97008 •. n!1 1 1 n l T i!1 A l/1 , NIXIE 970 1 01 10/29/06 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED I UNABLE TO FORWARD BC: 97223814425 *0929-02618-2S-43 .j:":':it+ �.'r-.3 E7: ,� e144 Iltltllt ttlttitltiItlttlitlttl itttlltlt tltlttlttltltltltttiltl 1 '1•1 ir' 1 City of Tigard k,- :_�n Uy�.;._ 13125 SW Hall Blvd. / T i g a r d, OR 97223 S e k C I C V ; 6'0 6 CC,' : <<�t- t • .,_-w , * Q Q PJ MTEn 'u s 6 C``Smi w , ortg 1.10 1** aSceSS gettgni:ex9Net1169 islo Lon 90„SW7,.,,cc`'' HWY#442 ■ NIXIE 5370 1 01 1.0/al./Poe I RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC : 97223019973 *0929-01905-28-43 8-43 14111111/1111111111111111W99 l ltl itlltlltt ltl11 11 Etll tlllltttdlltl:tltlttltttlttilillltll :. -- V"--,-...4--",-.',1::...-e . -.��City o f Tigard A,,a -&cw:1r � . :.: a, •13125 SW Hall Blvd. i G,-,,-,�r- Q 7 n �1 g Tigard, OR 97223 N\N� OCT 2s of n r�► �a._ ifi- Q� 0 F; 1,e 8320772 PIETER U.s.Foci.oc tr oC:\ �\GPFO GJ IVJDD11/VV _ OF OTT,ANITA B • 6256 SW BURLINGAME AVE PORTLAND,OR 97201 �o.1.i/IA FFt 1/1 __ . ....... Ti'3XIE 970 1 02 10/29/05 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 97223019973 *0929-01039-26-40 C. _.-7 ' ^Z.::—:_•:.__W7 a99 ll 111th::lollIttlattl ikattldlltlttltlttltttl:111:11:11! • City of Tigard • PORT". ,, � 13125'SW'Hall'Blvd. -� :1„ 4 ' ` CCT[6'OG ,� Tigard,'OR 97223 .z :s ?,. ta.- .'"-.��,:, ; ' :a.r : a .,r :; yK, „<<<, • �pe rf_.... ,� • `�� X320772 U,�.o'�a�t�,E;; ...,,.�„»,.,,,,, • 1 S 134DA08100 SACK,MELISSA F —11290SB WUFFALO CT ___ TIGARD,OR 97223 • NIXIE 4370 1 01 1:L/D5/O6 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD DC: 9722004425 *24e9-02374-05-18 •:: • - -•: t. _' 72. , 44 11,1„1,,,1,,1,1,kl„i1,1,,1,,,,li,l„1;1„1„1,1,1,1,,,►1,1 City of Tigard „ • � t7 O`er . 13125 SW Hall Blvd. f CC126'06 Tigard, OR 97223 ,W” 8320777_ 2S114AC00800 RICHMOND,CASEY G C&KATE P 9111 SW WAVERLY DR -,PORTLAND,.OR 97224 NIXIE 970 1 01 11/01./08 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 97223019973 *0929-01091-28-43 1 ;9,Q7t,:j'An 1199 city of Tigard ....-.R :� = 3* ,\\c A a arc `2m�, .--." * 13125 SW Hall Blvd. '� '" H 1 Ce126'06 r ,,t,`,r Tigard, `ff�' ° � ' OR 97223 ���nz��;,r,��,x� gQ��T, UR V Z?'1". U.d.POSTa, * 3 .,oi I RECEIVED PLANNING 2S 103BA00900 ANDERSON,EDWARD L&MARY ANNE OCT 3 1 2006 12330 SW 121ST AVE TIGARD,OR 97223 CITY OF TIGARD IN cz °` (� X 970 NO 1 905 C 01 10/29/05 FORWARD TIME EXP RTN TO SEND �j, ANDERSON C� ✓ PO Box 20593 _.........—TIGARD OR 97201-0593 • RETURN TO SENDER •J =:f; _ ;-471L210K9399 II II IIIIliilililliliil11111 11111111 1IIIh1,1111111111111111l City of Tigard 44�. ._4_. a�..ra...., 5,-7...24w7.-7-Y ..�...o. �• iG /.. `',='-`,.29 L-;6,t •1w, 4 c'":="--. �.-* 13125 SW Hall Blvd. "�\ A v `, '" 1 * CCT"1.6'06 .4--ks 0 a .: Tigard, OR 97223 ��?;;�•r�;; N CI 8 str a.83<0712 ' /- lv U.S.POS T c' f4 s* cU of JJnn�� /1 GJ11Ll1J1J'. `!'__.•'�� U���r ��� NADOLSKI,A ETTE f� (� 7864 SW ALDER ST IEss TIGARD,OR 97224 ^, • ••*��•^�� 970 Ni. 1 908 C 01 10/.29108 OTIFY SENDER OF NEW ADDRESS *LSKI 'ANTOINETTE G =701 — ZLLSDOROUGH AVE MPA F - 10-542 3 —, BC: 3810542399. *0929-01 928—.28-43 :e:M• il .d 1`; — .13EFIA 42:3 11111111 11 1 11I11l1I11 11l1h1l1l111l1l1l City of Tigard -77', v.-0,& 13125 SW Hall Blvd. �, (� U r' � ,ti N F /,';-;ii yy :7 �e�V lTyt ;�i� V , Tigard, OR 97223 P�NN ccr ,�ae�. 9 � (�,� 0� 0 I yP8 METER' U.S.k o=6 ow= ' v �p 8320772 —1—.. * 00� 3 Pip G\ 1 S 1341JAU/9UU RAMSEY,DOVIE L 11270 SW BUFFALO PL TIGARD,OR 97223 • __..... X 970 NI 1 A05 I O1 10/29/00 �� FORWARD TIME EXP RTN TO SEND � RAMSEV'DOVIE I /^ PO E,OX 391 LAKE OSWEGO OR 97034-0392 `� �, RETURN TO SENDER :11-.:.:.4:". :_3722 ,499 II►I►►I,,,1„i,1„i,l„11,1„1►►„111,1,,1,1,►1„►1„il,ll,,,l City of Tigard 6� o -- t, .,� ``-F� 13125 SW Hall Blvd. / t.?-� '' ( ccI2c"0s moo; ,4; 0, 3 Tigard OR 97223 4= :::9 8320772 RECEIVED PLANNING MCCULLOCH,JEFFRY T& MCCULLOCK,KATHLEEN M OCT 3 1 2006 12860 SW FONNER POND PL TIGARD,OR 97223 CITY OF TIGARD . -)c1 1 1-RTl(ldd(1(1 X 970 •10 1 706 C 01 10129/06 FORWARD TIME EXP RTN TO SEND /‘k MCCULLOCH 4710 SW JOSHUA ST ��i����� TU1=tLRTXN OR 97062-770^.0 RETURN TO SENDER '4;::. __•.y_.:.1'_=_~69:7; 199 11,1„I,,,l„I,I„I,I,ill,l„i,,,,lll,l„l,l„l,,,l„11,11,,,1 _ __. ________ _________. e , PUBLIC HNG ITEM_ The following will be considered by the Tigard City Council on COMMUNITY Tuesday. December 12th at 7:30 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. WO NEWSPAPERS Public oral or written testimony is invited. The public hearing Jlj-11 on this matter will be held under Title 18 and rules of procedure y 6605 SE Lake Road, Portland,OR 97222• PO adopted by the Council and available at City Hall or the rules of Box 22109• Portland, OR 97269 procedure set forth in Section 18.390.060.E. Further information may be obtained from the City of Tigard Phone:503-684-0360 Fax: 503-620-3433 Planning Division(Staff contact: Sean Farrelly)at 13125 SW Hall ■ Email: legals @commnewspapers.com Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by 1 email to sean(a,tigard-or.gov. AFFIDAVIT OF PUBLICATION DEVELOPMENT CODE AMENDMENT(DCA)2006-00005 HISTORIC OVERLAY CONDITIONAL USE CODE AMEND- State of Oregon, County of Washington, SS MENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to I, Charlotte Allsop, being the first duly sworn, allow meetings and events as a conditional use on properties with depose and say that I am the Accounting Historic Overlays and/or on the National Register of Historic Manager of The Times(serving Tigard, Places in residential zones. The following is a summary of the Tualatin & Sherwood), a newspaper of proposed amendments including the affected code chapters; 1). general circulation, published at Beaverton, in Chapter. 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: the aforesaid county and state, as defined by Add additional development standards for conditional use types to ORS 193.010 and 193.020, that , allow "Meeting and Event Uses" in residential zones with an , Historic District overlay zone and/or on the National Register of . City of Tigard , Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING Public Hearing Item DISTRICTS (Table 18.510.1 -Use Table):Add a use category for TT10894 "Historic Place Meetings and Events"as a conditional use in all i residential zoning districts that have an Historic Overlay,and/or a copy of which is hereto annexed,was , are on the National Register of Historic Places; and 4). Chapter 1 18.740 HISTORIC OVERLAY: Add a General Provision to the published in the entire issue of said Historic Overlay chapter to include "Incentives for maintenance" newspaper for provision. The full text of the proposed code amendment can be 1 viewed at: http://www.tigard-or.gov/city_hal1/departments/ successive and consecutive weeks in the cd/code_amendments/historic overlay.asp LOCATION: All resi- following issues dential zones with Historic Overlays. ZONE: All residential November 23, 2006 zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; , CAL CUT C,/ t 0 T 1-C Comprehensive Plan Policies 1 and 2; and Statewide Planning Y Goal 1 Publish 11/23/2006 TT10894 Charlotte Allsop (Accounting Mana er) i November 23, 2006 NOTAR UBLIC FOR OREGON My commission expires-■_,n6', cag'1 c)_007 Acct#10093001 �ti�.���.�.�.,`.ti�.����,�11�.�? Attn:Accounts Payable ? OFFICIAL SEAL J r ' -1 ° SUZETTE I CURRAN 1 Doreen Laughlin /� r 1 '�' NOTARY PUBLIC-OREGON City of Tigard / COMMISSION NO.373063 13125 SW Hall Blvd. 1 MY COMMISSION EXPIRES NOV.28,2007 Tigard, OR 97223 - . -�- . - - -�-`-�'`-�"�-�-�-�-u Size:2 x 6 . . Amount Due $100.20 • -Remit to address above • AFFIDAVIT OF MAILING TIGARD I, Doreen 2z,Lauugghlin, being first duly sworn/affirm, on oath depose and say that I am a Administrative Specialist II for the City of Tigard Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} © NOTICE OF PUBLIC HEARING FOR:lL7 DCA2006-00005- HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: El City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (11-20-06) ® Tigard City Council (12-12-06) A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit 111",and by reference made a part hereof, on October 26,2006,and deposited in the United States Mail on October 26,2006, postage prepaid. (Person that Prepared Noti e STATE OT OGON ) County of Washington )ss. City of igard ) Subscribed and sworn/affirmed before me on the �I%O day of 1701/emdttr- , 2006. `�"�z OFFICIAL SEAL (J/ DIANE M JELDERKS r -" CO SION NO 373021N () 1 MY COMMISSION EXPIRES SEPT.25,2007 LtZ/Pian / NOTARY PUBLIC OF O, �0 My Commission 50 res: • ft • , COMMUNITY . _ - - , -Y SPIV ERS PUBLIC HEARING ITEM: 1 6605 SE Lake Road, Portland,OR 97222• PO The following will be considered by the Tigard Planning Commission on Monday November 20.2006 at 7:00 PM at the Box 22109• Portland,OR 97269 : Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Phone:503-684-0360 Fax:503-620-3433 Oregon. Email: legals @commnewspapers.com Public oral or written testimony is invited. The public hearing I -on this matter will be held under Title 18 and rules of proce- dure adopted by the Council and available at City Hall or the AFFIDAVIT OF PUBLICATION rules of procedure set forth in Section 18.390.060E. The State of Oregon, County of Washington, SS Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The r Council will then hold a public hearing on the request prior to I, Charlotte Allsop, being the first duly sworn, making a decision. depose and say that I am the Accounting Further information may be obtained from the City of Tigard Manager of The Times(serving Tigard, Planning Division (Staff contact: Sean Farrelly) at 13125 SW Tualatin & Sherwood), a newspaper of Hall Blvd.,Tigard,Oregon 97223,by calling 503-639-4171,or by general circulation, published at Beaverton, in 1 email to seanCaitigard-or.gov. the aforesaid county and state, as defined by , DEVELOPMENT CODE AMENDMENT(DCA)2006-00005 ORS 193.010 and 193.020, that HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT • City of Tigard . REQUEST: The applicant is requesting to amend various chap- Tigard Planning Hearing-DCA 2006-00005 . ters of the City of Tigard Community Development Code to allow TT10882 meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic ■ a copy of which is hereto annexed, was Places in residential zones. The following is a summary of the published in the entire issue annexed, said proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and newspaper for . 1 Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: 1 Add additional development standards for conditional use types to successive and consecutive weeks in the ■ allow "Meeting and Event Uses" in residential zones with a following issues I Historic District overlay zone and/or on the National Register of November 2, 2006 Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 -Use Table):Add a use category for '"Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are C'Itat/[0-1/L on the National Register of Historic Places; and 4). Chapter Charlotte Allsop (Accounting Man ger) 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" November 2, 2006 provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA:, �� ('���� Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2; NOTAR PUBLIC FOR OREGON and Statewide Planning Goal 1. Publish 11/2/06. TT.10882. My commission expires loyI ��, a...0 07 Acct#10093001 ,.ti-`- - .---`- -`...-`.�.ti.�.ti.�-`-�-.? Patty Lunsford f." . OFFICIAL SEAL J 1). '' SUZETTE I CURRAN i City of Tigard () 1r NOTARY PUBUC-0REGON RECEIVED PLANNING 13125 SW Hall Blvd. ( V%«o COMMISSION NO.373063 Tigard, OR 97223 ( MY COMMISSION WIRES NOV.28,2007 1.��;�: -- �- �- �- �.-�� NOV 2 7 2006 Size: 2 x 6 Amount Due $100.20 CITY OF TIGARD 'Remit to address above