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ZOA2002-00002 ZOA 2.002 0000 Z 1110 • CITY OF TIGARD Community(Development Shaping Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2002-00002 FILE TITLE: CULTURAL INSTITUTIONS AMENDMENT APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard • Tigard, OR 97223 REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1 .1.1 , 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. CIT AREA: East/South/West/Central CIT FACILITATOR: List Available Upon Request COMMENTS SENT: MARCH 2 I, 2002 DUE: APRIL 4, 2002 DATE DLCD NOTICE WAS SENT: MARCH 2 I, 2002 (60 days prior to IS` hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: MAY 20, 2002 TIME:7:00 PM ® CITY COUNCIL (TUES.) DATE OF HEARING: JUNE 25, 2002 TIME:7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE/AMENDMENTS ® STAFF REPORT ® DLCD NOTICE ® VICINITY MAP ❑ SITE PLAN STAFF CONTACT: Brad Kilby, Associate Planner (503) 639-4171, Ext. 388 • • • ZONE ORDINANCE AMENDMENT i! TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP.HELD WITH: \AIJED 4 a DATE OF PRE-APP.: • .•1;cct;G►1 Property Address/Location(s): C �Ty�a� AmE,n1>,mE►�� FOR STAFF USE ONLY Tax Map &Tax Lot#(s): kVA 9:„ r^ Case No,(s) PA�Z`Liu2:'�= OtterCase:Nos'(s): . Site Size(s): "rtApplication Accepted By �a�tc Property Owner/Deed Holder*(s): C�zw�d>= AmFaAomE3\Yr t Dae �Zt a Z f , p ' Phone: Address City: Zip: Date Determined Complete f i 452 t.k • Applicant*: ; : ..N Y;° Rev.8/.4/2000 si:lctirpinUnasters\revisedlzoea.doc -, Address: Phone: City: Zip: N/A *When the owner and the applicant are different people, the applicant REQUIRED SUBMITTAL ELEMENTS must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written (Note: applications will be accepted authorization. The owner(s) must sign this application in the space without the required submittal elements) provided on the back of this form or submit a written authorization with this application. Application Form IN a PROPOSAL SUMMARY • _ - -I,. : - • -- = • CST \ oC"TisQc.d The -- - -- - - -- - - • - - •• - requests a Zone Er Copy of Pre-Application Conf. Notes Ordinance Amendment(if applicable)from to ies based on pre-app check list) OR...The applicant requests an amendment to the following sections - - „)2 of the Comprehensive Plan or Community Development Code (please be specific): This CtliT .,0A is r�ecbs oc1-IAq a 111 Applicant's Statement CI∎a,, e -k IC6le N.510. -b aktoto CulVonal Ins0-4iOns (#of copies based on pre app check list) 4r 4.-Ne 1O -Ve.A R-ta 2nn-tr, A'mr,GA- • .:-- • ' o - = •- d c q cOn 4ionc( U ., r is ever cl____Eifing..Eee--$4,4-1-5,00- Wig 1 • • List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 0/A APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of 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, may 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. SIGNATURES of each owner of the subject property. DATED this 50 day of MARCH ,20oa 'I kz_4(3y / /-�OGiyT� 1 LfJN�G2 , 2 • • • CULTURAL INSTITUTIONS ZONE ORDINANCE AMENDMENT NARRATIVE (ZOA2002-00002) The City of Tigard is seeking to amend the Tigard Development Code (TDC) as it pertains to locating cultural institutions within the R-12 zoning classification. Currently, the TDC allows cultural institutions to be located conditionally within the R-3.5, R-4.5, and R-7 zoning classifications. Cultural Institutions include such facilities as libraries, museums and galleries. In 1999, the City of Tigard, began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee which was composed primarily of Tigard citizens to?discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000-square-foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street where the new library would be built if the bond measure passes. The subject property is zoned R-12, which does not permit cultural institutions. The proposed amendment would change the TDC to allow cultural institutions as a conditional use to be located within the R-12 zoning district. The specific criteria that must be considered are found in TDC Section 18.390.060(G) and are addressed below. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss city business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. • • Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the states goal of providing for these needs. Goal 9: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for businesses. Goal 10: Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. Federal or state statutes or regulations found applicable There are no known federal or state statutes that may be adversely affected by this proposal as Land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations This proposal does not contain any element that is contrary to any of the goals and policies of the regional plan adopted by Metro. To ensure that this is the case, a request for comment will be sent to Metro prior to the first public hearing. Applicable Comprehensive Plan Policies Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. • • Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. Applicable provisions of the City's implementing ordinances The only known provision that would be affected is the very same provision that is proposed to be amended. PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Str-ike-eut: Text being deleted ;Shading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C CG N N • c. Motion by Councilor Dirksen, seconded by Councilor Patton, to approve the Summerlake Master Plan as presented. The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 10. PUBLIC HEARING (LEGISLATIVE) — CULTURAL INSTITUTION ZONE ORDNANCE AMENDMENT (Z0A2002-00002) REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural Institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. a. Mayor Griffith opened the public hearing. b. Associate Planner Brad Kilby presented the staff report. He noted the Planning Commission unanimously approved the recommendation to conditionally permit cultural institutions within R-12 zoning. He added surrounding jurisdictions permit similar buildings within residential zones. Mr. Kilby provided the definition of a cultural institution, "Public or non-profit cultural facilities including libraries, museums, and galleries," from Tigard Development Code Chapter 18.130. c. Public Testimony: None. d. Staff recommended the Council adopt the proposed ordinance. e. Mayor Griffith closed the public hearing. • TIGARD CITY COUNCIL MINUTES — June 25, 2002 page 7 • f. Motion by Councilor Patton, seconded by Councilor Moore, to adopt Ordinance No. 02-25 ORDINANCE NO. 02-25 — A ZONE ORDINANCE AMENDMENT (ZOA2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18310 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes J 11. CONSIDER AN AMENDMENT TO THE CURRENT WATER RATE SCHEDULE AND ADOPT A THREE-YEAR RATE SCHEDULE THAT REFLECTS THE INCREASES ASSOCIATED WITH PROVIDING WATER SERVICE a. Utility Manager Dennis Koellermeier introduced this item and gave a PowerPoint presentation. His staff report and presentation are on file in the City Recorder's office. The proposed increases were as follows: 10 percent in 2002, 6 percent in 2003, and 6 percent in 2004. b. Mayor Griffith clarified these rate increases are the result of increases in the cost of water purchased by the City. Councilor Patton, who serves on the Intergovernmental Water Board, stated the Board agreed with the staggered methodology of the increase. A discussion regarding the accelerated construction of the City's water reservoir on the Alberta Rider school property and its impact on existing capital improvement projects and the reserve account ensued. It was noted the multi-family rates listed on Exhibit A of the Fees and Charges Schedule were in error. Councilor Patton stated the cost for water and water service was going to be very expensive in the coming years. TIGARD CITY COUNCIL MINUTES — June 25, 2002 page 8 (V,AS;k' re Ofl Department of Land Conservation and Development ��-��„� �' 635 Capitol St. NE,Suite 150 '� • :* Salem,Oregon 97301-2540 John A.Kitzhaber,M.D.,Governor /859 Phone (503)373-0050 Director's Fax (503)378-5518 � j oo- _QQ( Main Fax(503) 378-6033 [-. Rural/Coastal Fax (503) 378-5518 TGM/Urban Fax (503)378-2687 NOTICE OF ADOPTED AMENDMENT Web Address:http://www.lcd.state.or.us July 8, 2002 P�-P�N\�G TO: Subscribers to Notice of Adopted Plan .Y� or Land Use Regulation Amendments 09 FROM: Larry J. French, Plan Amendment Program Specialist VL 1P5O <4 CO SUBJECT: City of Tigard Plan Amendment DLCD File Number 002-02 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: July 22,2002 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: City of Tigard <paa>n\ • S Form 2 DLCD NOTICE OF ADOPTION DEPT O This form must be mailed to DLCD within 5 working days after the final decision JUL 02 2002 per ORS 197.610 and OAR Chapter 660- Division 18 LAND CONSERVATION. (See reverse side for submittal requirements) AND DEVELOPMENT Jurisdiction: City of Tigard Local File No.: ZOA2002-00002 (If no number,use none) Date of Adoption: June 25, 2002 Date Mailed: July 1, 2002 (Must be filled in) (Date mailed or sent to DLCD) Date this proposal was sent or mailed: March 21, 2002 (60 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment . X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 8, 9. 10 and 11. Was an Exception adopted? Yes: _ No: X DLCD File No. • Form 2 41 • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply: Yes: No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro, ODOT and the City of Tigard. Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use& Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form 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 Larry.Frenche_state.or.us -ATTENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD, OREGON ORDINANCE NO. 02- 23 A ZONE ORDINANCE AMENDMENT (ZOA2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT. WHEREAS, the applicant requested a Zone Ordinance Amendment to allow cultural institutions to be conditionally permitted within the R-12 zoning classification; and WHEREAS, the City of Tigard Planning Commission held a public hearing on May 20, 2002 and recommended approval of the proposed amendment by motion and a unanimous vote in favor of the recommendation;and WHEREAS, the City Council held a public hearing on the request on June 25, 2002 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval;and ' WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18:510, Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1, and 12.2.1, and Statewide Planning Goals 1,8, 9, 10, and 11; and WHEREAS,the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By LU1Q/)lir1QUS vote of all Council members present after being read by number and title only,this Silla day of `T[.L/LL. ,2002. ORDINANCE No.02%LT Page 1 -, • • -//;-3?1 _. . 7 _ .-,`:.,:15raZ) Catlicfidc Wheatky,City Rc,,vidki Greer A. Gaston,Deputy City Recorder APPROVED: By Tigard City Council this v7 5 day of J a...,1.P__.-' ,2002.NAV S• ,, ,' James E. Gri , .�i Ap oved as to form: --,...„,4 VI, 41-(..A.,—...., i Attorney /2.0--/oz- Date • ORDINANCE No. 02-1j Page 2 • EXHIBIT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Stye-eut: Text being deleted Shading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C N N N ® A AFFIDAVIT OF MAILING T CITY OF GARD Community Development Shaping Better Community • I, Fatricia L. Lun ford being first duly sworn/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: (Check Appropriate Box(s)Bebw) © NOTICE OF FINAL ORDER FOR: 10A2002-00002/CULTURAL INSTITUTIONS ZONE ORDINANCE AMENDMENT I 6/25/2002 AMENDED NOTICE (File NoJName Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council • A copy of the said notice being hereto attached, marked Exhibit"11", 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 July 2,2002, and deposited in the United States Mail on July 2,2002, postage prepaid. .1AVAAT&00... " (Pers4 I PrO.red flotice y 4 E OE (R, GON ) County of Washington )ss. City of ward ) Subscribed and sworn/affirmed before me on the /..3 day of , 2002. •: FICIAL SEAL• DIE M JELDERKS • NOTIA:078F Y PUBLIC-OREGON �• MY COMMISN p(plgE S 3EPT8 / 07,2000 /6 M I "' I I ; i � I • My Commission? ; sires: f/ z ° • • . • • •gxaww A'r A ►, 120 DAYS = N/A CITY OF TIGARD Community Deve(opment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2002-00002 Case Name: CULTURAL INSTITUTIONS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, OR 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT(ORDINANCE NO. 02-25). 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 MAY 20 2002 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 JUNE 25 2002 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 City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. 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 ® The Affected Citizen Involvement Team Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON JULY 25, 2002. 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) 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. • • CITY OF TIGARD,OREGON ORDINANCE NO. 02- 2.6 • A ZONE ORDINANCE AMENDMENT (Z0A2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT. WHEREAS, the applicant requested a Zone Ordinance Amendment to allow cultural institutions to be conditionally permitted within the R-12 zoning classification; and WHEREAS, the City of Tigard Planning Commission held a public hearing on May 20, 2002 and recommended approval of the proposed amendment by motion and a unanimous vote in favor of the recommendation; and WHEREAS, the City Council held a public hearing on the request on June 25, 2002 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.510, Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1, and 12.2.1,and Statewide Planning Goals 1,8, 9, 10, and 11; and WHEREAS,the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By LL/7Q1l/MOUS vote of all Council members present after being read by number and title only,this 2%5W2 day of ,2002. ORDINANCE No. 02- 7 Page 1 • • 1- Cathcriat,Whcatlhy,City Rwuidci Greer A.Gaston,Deputy City Recorder APPROVED: By Tigard City Council this °Kith day of LJ Ll-11..F-' ,2002. iS ii.vi - r pmesE. Grif � , /.� Ap oved as to form: 4--s- ■,ii \ .e....c,.(_„_,..„ „......„.../ i Attorney /2 02- Date ORDINANCE No. 02-j Page 2 • • EXHIBIT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Ste: Text being deleted Shading: Text being added • TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C N N • £X T 1T B Jack Biethan Louise Fronville 11023 SW Summerfield Drive#4 15760 SW Oak Meadow Lane Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esav 10272 SW Meadow Street PO Box 230695 Tigard, OR 97223 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 Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Dieter Jacobs 11755 SW 114th Place 7775 SW Spruce Street Tigard, OR 97223 Tigard, OR 97223 Nathan and Ann Murdock Alexander Crag head PO Box 231265 12205 SW Hall Boulevard Tigard, OR 97281 Tigard, OR 97223-6210 Kristen Miller David Chapman 8940 SW Edgewood Street 9840 SW Landau Place Tigard, OR 97223 Tigard, OR 97223 Paul Owen Craig Smelter 10335 SW Highland Drive PO Box 1467 Tigard, OR 97224 Tualatin, OR 97062 • • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE _ (i:\curpin\setup\labels\CIT Central.doc) UPDATED: December 27, 2001 Form 2 • DLCD NOTICE OF ADOPTION • \m must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard _ Local File No.: ZOA2002-00002 (If no number,use none) Date of Adoption: June 25, 2002 Date Mailed: July 1, 2002 (Must be filled in) (Date mailed or sent to DLCD) Date this proposal was sent or mailed: March 21, 2002 (60 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 8, 9, 10 and 11. Was an Exception adopted? Yes: _ No: X DLCD File No.: • • Form 2 Did the Department of Land Conservation and Development receive a Notice of Prqposed ,:Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes:p • , • If,no;Ldo the Statewide Planning Goals apply. Yes: % No: , . --If no did The Emergency Circumstances Require immediate adoption. Yes: _ No: r_ f/ 1 r Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro,n ODOT and the City of Tigard. Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT— Region 1, District 2-A 600 NE Grand Avenue Jane Estes,Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive,Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form 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 Larry.French a@-state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD,OREGON ORDINANCE NO. 02- 2.6 A ZONE ORDINANCE AMENDMENT (Z0A2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT. WHEREAS, the applicant requested a Zone Ordinance Amendment to allow cultural institutions to be conditionally permitted within the R-12 zoning classification; and WHEREAS, the City of Tigard Planning Commission held a public hearing on May 20, 2002 and recommended approval of the proposed amendment by motion and a unanimous vote in favor of the recommendation; and WHEREAS, the City Council held a public hearing on the request on June 25, 2002 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.510, Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1, and 12.2.1, and Statewide Planning Goals 1,8, 9, 10, and 11; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By LL!)Q/)imOuS vote of all Council members present after being read by number and title only,this 2c5 day of SU../le_ ,2002. ORDINANCE No. 02-..2 Page 1 • • ■ Catlrethre Wltatky,City Rv�,unlvi Greer A. Gaston,Deputy City Recorder APPROVED: By Tigard City Council this &d ill day of .__J1.4...i ii ,2002. 4)E. i4.,,1. it tmes E. Gnf , /.c: • Ap oved as to form: vi ,,,(c; , _N....L..44 ,,s . ,L...,.......i.„..........., i Attorney 6/2.0—/02— Date ORDINANCE No. 02-1,,D— Page 2 • • EXHIBIT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Stfike-ems: Text being deleted Shading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C • • • U.S. Postal Service • CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IO F F L U S E co Postage $ + 3 a- a- Certified Fee Aa 4�.�� - Return Receipt Fee �1 Postmark im (Endorsement Regui-. "'��[[[[ O Restricted Delivery Fee, n (Endorsement Required)' . Ipui 53° f D Total Postage&Fees 073167 � � �� rg sentTol " ,-a streer,a'ATTN: PLAN AMENDMENT SPECIALIST I l or Pose Oregon Dept. of Land Conservation & Devel r_ city,stat635 Capital Street NE, Suite150 Salem, OR 97301-2540 PS Form -.. , ee •everse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. •..ature,, item 4 if Restricted Delivery is desired. v ❑Agent . • Print your name and address on the reverse t ' O • ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery IN 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 ;Salem, OR 97301-2540 ' 3. Service Type Cg Certified Mail ❑ Express Mail {' - ❑ Registered ❑ Return Receipt for Merchandise lj ❑ Insured Mail ❑ C.O.D. t4. Restricted Delivery?(Extra Fee) ` ❑Yes 2. Article Number 7001 1140 0001 9398 2017 (Transfer from service label) i PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25091 • • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) O 06 ure v-(: A L co Posta. . f,4%' Cr" 1: m °l ` / - E Certified F: r;//, ,,,i CO Postmark r� Return Receipt Fe l� 9 7d ' Here O (Endorsement Required) . ___ CI Restricted Delivery Fee -- en 0 (Endorsement Required) O Total Postage&Fees $ 1/ y� Sent To rI Street Apt.No.; Metro ________. I= orPOBoxNO. ATTN: LAND USE & PLANNING r°.. City,State,ZIP+4 600 NE Grand Avenue I Portland, OR 97232-2736 PS Form 3800,Jan.. • r o ee=°everse or Instructions I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • 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 reverse X /iv isirm..--- ❑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. 41-'I% ,.i. rf, ma E D. Is delivery address different from item 1? • l/e"s 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metro - ATTN: LAND USE & PLANNING' 600 NE Grand Avenue Portland, OR 97232-2736 3. Service Type OCCertified Mail ❑ Express Mail J' ______ - ❑ Registered ❑ Return Receipt for Merchandise.J ❑ Insured Mail ❑ C.O.D. ' • 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number i- - -- - (Transfer from service label) 1 7001 114 0 0001 9 3 9 8 2000 1 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25091 • . . U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) N FKI/F I _ ' �A L E a- m r Poste. m �] ', Q" Certified F' r, 4 � r-R Return Receipt Fe,, 1 /0�7 ' � Postmark D (Endorsement Requi..• C - _ y Here CI Restricted Delivery Fee ¢+� D (Endorsement Required) D Total Postage&Fees MOM a Sent To j ODOT—Region 1, District 2-A r- Street,Apt.No.; i Jane Estes, Permit Specialist D or PO Box No. 1 5440 SW Westgate Drive, Suite 350 r City,State,ZIP+4'Portland, OR 97221-2414 PS Form 3800,January 2001 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i Complete items 1,2,and 3.Also complete A. Sign re item 4 if Restricted Delivery is desired. ` t ❑Agent • Print your name and address on the reverse X C� ,_s,�, .w" ❑Addressee so that we can return the card to you. B. ceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, / or on the front if space permits. 0-filrl� .r ilt:dt/ D. Is delivery address differen fro item'i?{ ❑ Yes 1. Article Addressed to: "t(--- f N If YES,enter delivery a res •below: OD o . Oc JUL -2 jo ODOT— Region 1, District 2-A 4 __, Jane Estes, Permit Specialist `mod 5440 SW Westgate Drive, Suite 350 3. Service Type Portland, OR 97221-2414_ _ _ NJ Certified Mail ❑ Expres , ❑ Registered ❑ Return Receipt for Merchandise I I ❑ Insured Mail ❑ C.O.D. -- — 4. Restricted Delivery?(Extra Fee) ❑Yes l 2. Article Number � 7001 1140 0001 9398. 1997 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25091 I • • !„ 120 DAYS = N/A CITY OF TIGARD Community cDevelopment Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2002-00002 Case Name: CULTURAL INSTITUTIONS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, OR 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT(ORDINANCE NO. 02-251 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 MAY 20 2002 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 JUNE 25 2002 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 City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. 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 ® The Affected Citizen Involvement Team Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON JULY 25, 2002. 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) 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. S , • • CITY OF TIGARD,OREGON ORDINANCE NO. 02- Z6 A ZONE ORDINANCE AMENDMENT (Z0A2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT. WHEREAS, the applicant requested a Zone Ordinance Amendment to allow cultural institutions to be conditionally permitted within the R-12 zoning classification; and WHEREAS, the City of Tigard Planning Commission held a public hearing on May 20, 2002 and recommended approval of the proposed amendment by motion and a unanimous vote in favor of the recommendation; and WHEREAS, the City Council held a public hearing on the request on June 25, 2002 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval;and • WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.510, Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1, and 12.2.1, and Statewide Planning Goals 1,8, 9, 10, and 11; and WHEREAS,the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By LLl1LU7ilr1CUS vote of all Council members present after being read by number and title only,this 25 day of S[L./l2__ ,2002. ORDINANCE No. 02-2 7 Page 1 • • Catherine Wheatky,City RL.uidui Greer A. Gaston,Deputy City Recorder APPROVED: By Tigard City Council this 075th day of ..JtLe F_—' ,2002. E. mes E. Gnf h, .yi / Ap oved as to form: i Attorney /2.0— OZ— Date ORDINANCE No. 02-1,1" Page 2 • • EXHIBIT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE She-out: Text being deleted Shading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C N N • ** • • , Pc41- ' \�,."`t: �Tvti K: :.";,.,F.=.-'S; r,;T,.m`Yw ;12•°,..:._-:r 4';r','y .re'k.".,. Y:3;a te.,. .74,.. } s TIGARDS CITY-COUN CIL Ili �l�l'�IxI\ =, . MEETING . .....,.. • __.. CITY OF TIGARD 'x 3 June 25 2002:>< 6:00°p.m`. :.-._.=; `_;71 OREGON TI;G'ARD CITY. ,,,`te igr`"-, e,o-p 4<rt,. tfr' y= 5 w 13s12�5 SIN HALL.BLVD T `TIGA.RD -O:Re-9:7223; ;. 14.'n.- F_^'iks:. � 4 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:1 5 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 r.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. 309 . (voice) or 503-684-2772 (TDD - 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, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — June 25, 2002 page 1 • • AGENDA TIGARD CITY COUNCIL MEETING June 25, 2002 6:00 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss current and potential litigation under ORS 192.660(1 )(h). 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(3), 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. • STUDY SESSION > Discuss Design/Build 8.1 Traditional Construction Process for the Library 7:00 PM • WELCOME — INDONESIAN DELEGATION 7:30 PM 1 . BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. SWEAR IN POLICE CAPTAIN Police Chief Ron Goodpaster will swear-in Alan Orr to the position of Police Captain 3. INTRODUCE INDONESIAN DELEGATION AND SIGN WORKPLAN 4. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA — June 25, 2002 page 2 • • 5. 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: 5.1 Receive .and File: Canvass of Votes for Measure 34-47, Relating to the Election on May 21, 2002 5.2 Authorize the Issuance of a Limited Tax Improvement Bond for the 69th Avenue Local Improvement District — Resolution No. 02- 5.3 Reappoint Mike Benner to the Budget Committee and Appoint Tom Woodruff as Alternate to the Budget Committee; Reappoint Jane Smith to the Library Board and Appoint Suzan Turley as Alternate to the Library Board — Resolution No. 02- • Consent Agenda - Items Removed for Separate Discussion: Any items requested 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. 6. CONSIDER ORDINANCE APPROVING THE AT&T MERGER WITH COMCAST • Staff Report: Administration Department • Council Consideration: Ordinance No. 02- 7. UPDATE ON THE SKATEBOARD PARK FACILITY • Staff Report and Presentation: Public Works Department and Representatives of the Skateboard Park Task Force 8. ACCEPT BONITA PARK MASTER PLAN AND SELECT A NAME FOR THE PARK • Staff Report: Public Works Department • Council Consideration: 1) Motion to accept the Master Plan; 2) Motion to select the name for the park 9. ACCEPT SUMMERLAKE MASTER PLAN • Staff Report: Public Works Department • Council Consideration: Motion to accept the Master Plan COUNCIL AGENDA — June 25, 2002 ) page 3 • 10. PUBLIC HEARING (LEGISLATIVE) — CULTURAL INSTITUTION ZONE ORDNANCE AMENDMENT (Z0A2002-00002) • REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1 .1, 2.1 .1, 2.1 .2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. a. Open Public Hearing b. Summation by Community Development Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Ordinance No. 02- 11. CONSIDER AN AMENDMENT TO THE CURRENT WATER RATE SCHEDULE AND ADOPT A THREE-YEAR RATE SCHEDULE THAT REFLECTS THE INCREASES ASSOCIATED WITH PROVIDING WATER SERVICE • Staff Report: Public Works Department • Council Consideration: Resolution No. 02- 12. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 24 — SW GAARDE STREET a. Open Public Hearing b. Summation by Engineering Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 02 - COUNCIL AGENDA — June 25, 2002 page 4 • • 13. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 26 — SW 121' AVENUE SOUTH OF ROSE VISTA DRIVE a. Open Public Hearing b. Summation by Engineering Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 02 - 14. PUBLIC HEARING — CONSIDER PROPOSED ASSESSMENT INCREASE FOR THE METZGER PARK LOCAL IMPROVEMENT DISTRICT a. Open Public Hearing b. Introduction by Administration Staff; Summation by Washington County Staff and Metzger Park Board Representative c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 02 - 15. COUNCIL LIAISON REPORTS 16. NON AGENDA ITEMS 17. 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(3), 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. 18. ADJOURNMENT I:\AD M\CATHY\CCA\020625.D OC COUNCIL AGENDA — June 25, 2002 page 5 • 4 F ip'_ ¢r, .si�tr,I`'rr>. - -.�.,?�wi':c ?-�- '. - i : ;^.-•7,..;4 y"...,.� , j�r:?..s', a `..,..,v::':a• -u try=:�. - "'b^ '�+}'= �.t^ z.'•.-.{yr •4?'=,'r s..y4 ^:,}':•�- « -;-- 3:'�" ' ,>+.,--r�+,.ia,4•^'.'f'i,'` °`:{�i`•i�'..-ss a.�'< :a'�5..'u,. 's��_` _te_ "! _- _:f '` .i4 -:-- s 4_:-- `-5i::.'�'�..;�:'-��v�. _ :Y«35�ta.. ,.c:.aY�>'- >x. ..r.. '`a'-.t �4�=;-`.?s'.;��: _ .u`;'::G', _- t y^Y;aYa.+;,.:._ ..y. ."':7Gae;cF....S;`.r ^; � ,.i-` '.��2..- _ _ :t� ° .,h. -w_^-:i. i « :C=„::';":t =:2 a i;{.,,, ":mss ;t :'..;'':i -r._e? _ i.r. •^ ;Pa"., . -:.:''.i " ,.�'-i” '` -c_•:' A.'�Trs=� '' �. sic -. r,.. 4:t;-`�Y' �''.i „:5,=`^ y. s.s r�:.,s# .R. yr.�..'t2 - :f y•...x.,t" � '.`�"*'r_,:�r`i.'- �`,.,x,F`.n�k..-s"i +.f'.::.ai^ .cS'::k:. „;V ='y.- =:%.r..r�.' 4:: ,,;.->� ,r<. ,1 7 -, -, n r.,.r. -�k,1.�,y�11r.`•,-t L: :r....- //1J11/liA l'�i $� • yb5�'+�. -,..:1-7.''''s,k j'. y`J+• :,�.'.ti -.4-::,. :.�'.4A::^5:»Lid .Y"k°:}-:�"..•k.e».'• :'i •• 'tY. `#... 6l..asF .°.t._.:...:+e..':..«G`.. «. .<C-':.0.._.tw.:.L'm �.ra.A.n+_.......�k+'�^ F:L....0°...c.w,.{S:. t+aa:.�-G ..br.4z Yi•r _ ...v....v%u�.W: ^. _t-e'..�..»t.w°.t._u.�.<_:19A."e'l '�GY: i''1( City of Tigard Community Deudopmee TIGARD PLANNING COMMISSION Shaping MAY 20, 2002 7:00 p.m. . TIGARD CIVIC CENTER —TOWN HALL . 13125 SW HALL BOULEVARD ' TIGARD, OREGON 97223 • 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS . 4. APPROVE MINUTES • 5. PUBLIC HEARINGS . 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2002-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3,-5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. 5.2 2002/2003 CAPITAL IMPROVEMENT PROGRAM • 6. OTHER BUSINESS • 7. ADJOURNMENT • • S Agenda Item: 5.1 Hearing Date_ May 20,2002 Time: 7:00 PM i`. TAFF:REP RT 0 TNE T ' : S 0 - . } PLANNING CO MMISSION 5, OFTGARD'"x;?":: L , • community�evelopmeztt- FOR THE CITY OF TIGARD,OREGON sha ABetter Communi SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW CULTURAL INSTITUTIONS TO BE CONDITIONALLY SITED WITHIN THE R-12 ZONING DISTRICT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2002-00002 PROPOSAL: To amend the Tigard Development Code to allow Cultural Institutions to be conditionally located within the R-12 zoning district. Cultural Institutions are classified within the Tigard Development Code as public or non-profit cultural facilities including libraries, museums and galleries. APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Blvd Tigard, OR. 97223 ZONE: R-12; Medium-Density Residential. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3, 5.1, and 12.2.1; and Statewide Planning Goals 1,8,9,10, and 11. SECTION II. STAFF RECOMMENDATION Staff=recommer ds..:that :the: Plannii Commission:,amend <<.R-12 ,Zoning;District{ to:f iti"Hall F:cond o y-allowultura. l s in s. titutiori§:`as.determined ttro ghthe:=p ublic hearin g T-make,a recommendat i o fo r APPROVAL°to.tFe!Ti ard p rocess a d"" Ci�"■ Council -�::-:�`; ZOA2002-00002 PAGE 1 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • , SECTION III. BACKGROUND INFORMATION In 1999, the City of Tigard began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee, which was composed primarily of Tigard citizens to discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000 square foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street where the new library would be built if the bond measure passes. The subject property is zoned R-12, which does not permit cultural institutions. The proposed amendment would change the Tigard Development Code (TDC) to allow cultural institutions as a conditional use to be located on all lands designated R-12. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G 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 are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goals Goal 1: Citizen Involvement: The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss City business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the state goal of providing for these needs. Staff has determined that Cultural needs and recreational needs are different, therefore, this goal is not affected at all. ZOA2002-00002 PAGE 2 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • • Goal 9: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for businesses. This proposal does not affect the supply of land available for commercial or industrial uses. Goal 10: Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. Federal or state statutes or regulations found applicable There is no known federal or state statutes that may be adversely affected by this proposal as land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations The Metro Housing Rule OAR660-07 assures opportunity for the provision of adequate numbers of needed housing units and the efficient use of land within the Metropolitan . (Metro) urban growth boundary. The rule mandates that the City of Tigard accommodates ten units to the acre on average. Our 2017 capacity of 6,073 units was increased to over 6,308 units with the implementation of the Washington Square Regional Center. This capacity is determined by assuming that all of the available residential land is developed at minimum density. Development within Tigard is currently meeting or exceeding the. minimum prescribed density. The library project would theoretically displace 127 units not counting the land that would be deducted for roads and sensitive areas. There are many uses that are conditionally allowed within residential zones, and there remains the opportunity for density bonuses in some instances. It is highly unlikely that this amendment will in any manner decrease the available land for housing beyond that necessary to achieve the target capacity. Applicable Comprehensive Plan Policies: Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. ZOA2002-00002 PAGE 3 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • Applicable provisions of the City's implementing ordinances The only known provision that would be affected is the very same provision that is proposed ! to be amended. - Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: 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. Code Section 18.510: This chapter establishes the development standards for residential zoning districts. The current amendment will not affect any of these standards as the proposal calls for conditional use review for any Cultural Institution that is proposed. SECTION V. STAFF ANALYSIS Cultural Institutions are undeniably essential to the infrastructure of the City and it's citizens. Staff conducted a survey of surrounding jurisdictions including Beaverton, Hillsboro, Sherwood, Tualatin, and West Linn. Every jurisdiction surveyed permits libraries and similar governmental facilities conditionally in all of their residential zones. Staff is confident that the Impacts associated with Cultural Institutions can be adequately offset by mitigation imposed at the time of conditional use review. Cultural Institutions that are academic in nature should not be prohibited from any residential neighborhood, as all citizens can benefit from such use. SECTION VI. OTHER ALTERNATIVES Leave the code as is. Permit Cultural Institutions conditionally in all residential zones. • Permit Cultural Institutions outright in all residential zones. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. The City of Tigard Building Division has had an opportunity to review this proposal and have no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. Clean Water Services has had an opportunity to review this proposal and have no objections. ZOA2002-00002 PAGE 4 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION r • • U Washington County Department of Land Use and Transportation, DLCD, Tualatin Valley Water District, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENT Exhibit A— Proposed Amendments to CDC Chapter 18.510, Table 18.510.1. � May 2, 2002 PREPARED BY:Brad Kilby DATE Associate Planner May 2, 2002 APPROVED BY:Richard Be e doff DATE Planning Manager ZOA2002-00002 PAGE 5 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • ATTACHMENT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE StF+ke-eut: Text being deleted Siading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C #C N N • COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE(503)684-0360 Legal BEAVERTON, OREGON 97075 Notice TT 10052. Legal Notice Advertising •Cit._y of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd . •Ti ga r_d,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable • • AFFIDAVIT OF STATE OF OREGON, ss. ,. ,,., iC�.Ty -OF TIGARI COUNTY OF WASHINGTON, ) I, Kathy .�: Rir•-� 1'I� OREGON being first duly sworn, depose and'say' . • . Director, or his principal clerk, of thdi..i�� The y`following will .be considered'''by', the`'Tigard uPlanning'. a newspaper of general circulation as Coinmission:on=.Honda Ma 20,2002 at 7:00<PM°at=.theTi and and 193.020; published at T'iga r Civic.Center.-Town^Hall`13125 SW Hall-Blvd Ti ar Ore on aforesaid county and state; that the. g g q�Z OA ?0 0 2_ Public oral or wntten,testimony is invited The public hearing on this Public Hearn , matter will,be held under T_ itle18 and'Aires-of procedure adopted`by a printed copy of which is hereto anne; the Council`and,ava_ilable-at.City Hall or the rules ofprocedure,set entire issue of said newspaper forte.forth in Section 18 390 060E"`The Pla'nning.Commis$ion's review-'is; for the purpose of makingfa.recommendation to the City Council,ogi consecutive in the following issues: the request. The Council,will then hold a public hearing on+the: request prior to making a decision ]is y ?_ , 2 0 0 2 Further information may be obtained from the" City of Tigard Platuiing Division ati 13125 SW Ha11 Blvd,Tigard.Oregon 97223 of bycallmg`5o3639;471 ;, P.UBLIC:HEARING ITEM ' 13 V ZONE ORDINANCE AMENDMENT(ZOA)2002.00002 F .; LL_r1 -. Ai �F.CULT.URAL INSTITUTIONS.CODE AMENDMENT'- ;REQUEST-'A request to amend Table 18.510.1 of the-Tigard Subscribed and sworn to be • me ,••Development Code'to allow cultural`institutions to=he allowed as`a conditional'use within the R=12 zoning:district. l OGA`I'ION : :a:. Citywide;'ZONE: N/A. APPLICABLE;REVIEWCRITERIA: - %Lk Statewide,Planning Goals 1, 8,9,10 and;I I;,.;Comprehensive Plan, Policies-1.1.1, 2 1-.1„2.112,.2.1.1,5.1 Ian&0.43; and Community 7,Development Code Chapters 18.380, 18.390 and 1 8 510 My Commission Expires: 166/(1) TT10052=-Publish,May_2;2002. AFFIDAVIT • • • • Agenda Item: 5.1 Hearing Date_ May 20,2002 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION O TIGARD CITY OF TIGARD Community(Development FOR THE CITY OF TIGARD, OREGON Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW CULTURAL INSTITUTIONS TO BE CONDITIONALLY SITED WITHIN THE R-12 ZONING DISTRICT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2002-00002 PROPOSAL: To amend the Tigard Development Code to allow Cultural Institutions to be conditionally located within the R-12 zoning district. Cultural Institutions are classified within the Tigard Development Code as public or non-profit cultural facilities including libraries, museums and galleries. APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW HaII Blvd Tigard, OR 97223 ZONE: R-12; Medium-Density Residential. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1.1.1, 2:1.1, 2.1.2, and 2.1.3, 5.1, and 12.2.1; and Statewide Planning Goals 1,8,9,10, and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission amend the R-12 Zoning District to conditionally allow cultural institutions as determined through the public hearing process and make a recommendation for APPROVAL to the Tigard City Council. ZOA2002-00002 PAGE 1 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • SECTION III. BACKGROUND INFORMATION In 1999, the City of Tigard began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee, which was composed primarily of Tigard citizens to discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000 square foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street where the new library would be built if the bond measure passes. The subject property is zoned R-12, which does not permit cultural institutions. The proposed amendment would change the Tigard Development Code (TDC) to allow cultural institutions as a conditional use to be located on all lands designated R-12. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G 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 are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goals Goal 1: Citizen Involvement: The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss City business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the state goal of providing for these needs. Staff has determined that Cultural needs and recreational needs are different, therefore, this goal is not affected at all. ZOA2002-00002 PAGE 2 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Goal 9: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for businesses. This proposal does not affect the supply of land available for commercial or industrial uses. Goal 10: Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. Federal or state statutes or regulations found applicable There is no known federal or state statutes that may be adversely affected by this proposal as land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations The Metro Housing Rule OAR660-07 assures opportunity for the provision of adequate numbers of needed housing units and the efficient use of land within the Metropolitan (Metro) urban growth boundary. The rule mandates that the City of Tigard accommodates ten units to the acre on average. Our 2017 capacity of 6,073 units was increased to over 6,308 units with the implementation of the Washington Square Regional Center. This capacity is determined by assuming that all of the available residential land is developed at minimum density. Development within Tigard is currently meeting or exceeding the minimum prescribed density. The library project would theoretically displace 127 units not counting the land that would be deducted for roads and sensitive areas. There are many uses that are conditionally allowed within residential zones, and there remains the opportunity for density bonuses in some instances. It is highly unlikely that this amendment will in any manner decrease the available land for housing beyond that necessary to achieve the target capacity. Applicable Comprehensive Plan Policies: Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the - statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through • public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. ZOA2002-00002 PAGE 3 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Applicable provisions of the City's implementing ordinances The only known provision that would be affected is the very same provision that is proposed to be amended. Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: 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. Code Section 18.510: This chapter establishes the development standards for residential zoning districts. The current amendment will not affect any of these standards as the proposal calls for conditional use review for any Cultural Institution that is proposed. SECTION V. STAFF ANALYSIS Cultural Institutions are undeniably essential to the infrastructure of the City and it's citizens. Staff conducted a survey of surrounding jurisdictions including Beaverton, Hillsboro, Sherwood, Tualatin, and West Linn. Every jurisdiction surveyed permits libraries and similar governmental facilities conditionally in all of their residential zones. Staff is confident that the Impacts associated with Cultural Institutions can be adequately offset by mitigation imposed at the time of conditional use review. Cultural Institutions that are academic in nature should not be prohibited from any residential neighborhood, as all citizens can benefit from such use. SECTION VI. OTHER ALTERNATIVES • Leave the code as is. • Permit Cultural Institutions conditionally in all residential zones. • Permit Cultural Institutions outright in all residential zones. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. The City of Tigard Building Division has had an opportunity to review this proposal and have no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. Clean Water Services has had an opportunity to review this proposal and have no objections. ZOA2002-00002 PAGE 4 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Washington County Department of Land Use and Transportation, DLCD, Tualatin Valley Water District, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENT Exhibit A— Proposed Amendments to CDC Chapter 18.510, Table 18.510.1. Z06 May 2, 2002 PREPARED BY:Brad Kilby DATE Associate Planner 9 4■41 May 2, 2002 APPROVED BY:Richard Be e dorff DATE Planning Manager ZOA2002-00002 PAGE 5 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION ' . • ATTACHMENT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE S#fike-e t: Text being deleted Shading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C AtC N N • • Request to Schedule a Council Agenda Item - File with Greer in City Administration when completed- Meeting Date June 25, 2002 Packet Material Due June 11, 2002 at 5 p.m. (See 2002 Council Meeting Schedule&Deadlines) Agenda Topic (state as you want the title to appear on the agenda) Cultural Institutions Zone Ordinance Amendment (Z0A2002-00002) Meeting Type/Item Placement Item Information (check all that apply). Business -Executive Session ❑ Local Contract Review Board ❑ Business - Business Meeting ❑ Motion requested (specify below) ❑ Business - Consent Agenda ❑ Ordinance Business -Study Meeting ❑ PowerPoint presentation Special ❑ Public Hearing ❑ Special - Executive Session ❑ Public Hearing - Informational ❑ Workshop ❑ Public Hearing -Legislative Public Hearing -Quasi-Judicial ❑ Receive and File ❑ Resolution ❑ Estimated time needed at meeting (not required for consent agenda) 15 Min. Staff contact person(s) Brad Kilby If a motion (other than an ordinance or resolution) is requested, please specify "Should Council N/A If a legal ad is required, please specify your publication date 6/6/02 Other information/instructions N/A Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. Your Agenda Item has been Processed �-� date: a L/C) 4,pro 4 bcca Form 'Y • • . O 4::k C::::22 4 D NOTICE OF PROPOSED AMENDM a This form must be received by DLCD at least 45 da s •rior to the first eviden tt: h 7PP. per ORS 197.610, OAR Chapter 660 - Division 18 and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2002-00002 (If no number,use none) Date of First Evidentiary Hearing: 5/20/2002 Date of Final Hearing: 6/25/2002 (Must be filled in) (Must be filled in) Date this proposal was sent or mailed: March 21, 2002 (60 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." A Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1, 8, 9, 10 & 11. Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code +4: 97223-8189 DLCD No.: Form 1 • • SUBMITTAL REQUIREMENTS 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 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPIES TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) 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. 3. 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. 4. 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. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 preen paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French(o�state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • • • CULTURAL INSTITUTIONS ZONE ORDINANCE AMENDMENT NARRATIVE (ZOA2002-00002) The City of Tigard is seeking to amend the Tigard Development Code (TDC) as it pertains to locating cultural institutions within the R-12 zoning classification. Currently, the TDC allows cultural institutions to be located conditionally within the R-3.5, R-4.5, and R-7 zoning classifications. Cultural Institutions include such facilities as libraries, museums and galleries. In 1999, the City of Tigard, began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee which was composed primarily of Tigard citizens to discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000-square-foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street where the new library would be built if the bond measure passes. The subject property is zoned R-12, which does not permit cultural institutions. The proposed amendment would change the TDC to allow cultural institutions as a conditional use to be located within the R-12 zoning district. The specific criteria that must be considered are found in TDC Section 18.390.060(G) and are addressed below. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss city business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. • • • Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the states goal of providing for these needs. Goal 9: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for businesses. Goal 10: Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. • Federal or state statutes or regulations found applicable There are no known federal or state statutes that may be adversely affected by this proposal as Land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations This proposal does not contain any element that is contrary to any of the goals and policies of the regional plan adopted by Metro. To ensure that this is the case, a request for comment will be sent to Metro prior to the first public hearing. Applicable Comprehensive Plan Policies Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. • • Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. Applicable provisions of the City's implementing ordinances The only known provision that would be affected is the very same provision that is proposed to be amended. PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Strikc out: Text being deleted hading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C NQ N N • • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rLa I O F F C O A L U E co Postage $ 0' a- i[� 0 Ret cefpY Fee `(i� Postmark O (Endo �ie Required) ti'r/- Restri livery Fee ,A (Endo S11 1equlrre)4 Total Po d�dflFe 11 ,. ) • Sent To YS 72 —rte14 /i7 ra Street,Apt.No.; O or r PO Box No. (91)0 -71E State,ZIP+4 , C 7.23,?--273• - PS Form 3800,January 2001 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. 'gna e item 4 if Restricted Delivery is desired. X f , /A) �� _7iC�1 �f Agent • Print your name and address on the reverse / ' �V dl Addressee so that we can return the card to you. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. w/LLh/O 1( 2 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Af'74 gde iP/141/1Z Att.4-74, , 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise I ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number _ - ` (Transfer from service label) 7001 114 0001 9 3 9 8 1584 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25091 • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Irq \faAnu Postage $ yy;yy�� ' �'}� IT' Certified Fee 210 �� N ra Return Receipt Fee 1.6D P Ht„,„ O (Endorsement Required) Restricted Delivery Fee .Od CJ` (Endorsement Required) t A O Total Postage&Fees r.q Sent To — -- ATTN: PLAN AMENDMENT SPECIALIST • ra "si; Oregon Dept. of Land Conservation & Devel O oq o •--- 635 Capital Street NE, Suite 150 Salem, OR 97301-2540 l PS Form 3800,January 2001 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • • Complete items 1,2,and 3.Also complete • R ceived by PI.ase Print Clearly) B. 'ate of Delivery item 4 if Restricted Delivery is desired. irCe/1-----� ■ Print your name and address on the reverse f �� AVM t • • so that we can return the card to you. C. Sig cure • Attach this card to the back of the mailpiece, ❑Agent • or on the front if space permits. ressee • 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: ❑ No r— ATTN: PLAN AMENDMENT SPECIALIST, ,Oregon Dept. of Land Conservation & Devel 635 Capital Street NE, Suite 150 Salem, OR 97301-2540 , 3. Service Type .Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. • 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number(Copy from service label) r 7001 114 0001 9 3 9 8 .1911 • PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 • • • . • • U.S. Postal Service • CERTIFIED MAIL RECEIPT • (Domestic Mail Only; No Insurance Coverage Provided) • • N a OFFICIAL U S E , Posta.; m e43M rl Return Rece,.l , Postmark p (Endorsement Re! •=•I Here Restricted Delive =�► � NO (EndorsementRequi a .• ■ O Total Postage&Fees �� Sent To a Leo DooT ri Street,A U.No.; O or PD Box No. cq 'b Sp) ki'T (�• 3,5 a City,State,ZIP+4 Sp) 4, x911121 - 02y/ • PS Form 3800,January 2001 See Reverse for Instructions • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items^4.4-;�dnd 3.Also complete A. Sign re • item 4 if Restric[eb Delivery is desired. i X ��y`"" ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. " n/ Y B. Re eived by,(�Piin d"Nam�)� C. Date of Delivery • Attach this card to the back of the mailpiece, � \; or on the front if space permits. L D. Is delivery atldress dill t,ft6ni item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery"• d ess below: ❑ No Dpi_ 5ANE SW D 5U) r S 10.350 [JC,OS � , D� 972.02/_•y�y - 3. Service Type ®'certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service fabe 7001 114 0 0001 9 3 9 8 1577 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 • ?€Qo €sr fR CcftvvtE ,V Ts • i A REQUEST FOR COMMENTS CITY OF TIGARD Community(DeveCopment ShapingA Better Community DATE: March 21, 2002 _ �v u/�- TO: Barbara Shields,Long Range Planning Manager - (oo-r rim 4//9 FROM: City of Tigard Planning Division --r- STAFF CONTACT: Brad Kilbyy Associate Planner (x388 Phone: (503) 639-4171/Fax: (503)-684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12.zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable-td 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. Written comments provided below: , — ORG 9 /t i'4 ?0 c c G- r -G6t.41-4:2-L ' ,a-,a` 47 tt t5a, ScY.s• aS G,o.-C q, if , '4,4 4. rS a��c lsc�l �j 7 e.ve-car ( c v wG 14� lOCac r u-�`i�� s Y SGteie ef) G;?-7 s' egzifi vr- s c 2eS , l��S/ �°�Gc,. eaoia-,s �a.0 S 4 c� , -(C I 4 CO� e(4.V/, GCS 4 OIL �.�y.� . j�c a G6 4[' erC z 6,4"'/ ifLbt c._ �("2o�ctcC 642c / A2--et"--o c .s c � —2 c 0 (PCease provide thefolfowing information)Name of Person(s) Commenting: IPhone Number(s): I I 4$\1 CULTURAL INSTITUTIONS ZONE ORDINANCE AMENDMENT NARRATIVE (Z0A2002-00002) The City of Tigard is seeking to amend the Tigard Development Code (TDC) as it pertains to locating cultural institutions within the R-12 zoning classification. Currently, the TDC allows cultural institutions to be located conditionally within the R-3.5, R-4.5, and R-7 zoning classifications. Cultural Institutions include such facilities as libraries, museums and galleries. In 1999, the City of Tigard, began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee which was composed primarily of Tigard citizens to discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000-square-foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Ma treet where the new library would be built if the bond measure passes. The subject property is zoned R-12, which does not permit cultural institutions. The proposed amendment would change the TDC to allow cultural institutions as a conditional use to be located within the R-12 zoning district. The specific criteria that must be considered are found in TDC Section 18.390.060(G) and are addressed below. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss city business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. • r 0 Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the states goal of providing for these needs. Goal 9: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for -)' businesses. ZGoal 10: Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. e_ Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. Federal or state statutes or regulations found applicable There are no known federal or state statutes that may be adversely affected by this proposal as Land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations This proposal does not contain any element that is contrary to any of the goals and policies of the regional plan adopted by Metro. To ensure that this is the case, a request for comment will be sent to Metro prior to the first public hearing. Applicable Comprehensive Plan Policies Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. • • Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. Applicable provisions of the City's implementing ordinances The only known provision that would be affected is the very same provision that is proposed to be amended. PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Stfike-eut: Text being deleted hading: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C AtC N N • . 04/01/02 13:38 FAX 503 640 3525 CLEAN WATER SERVICES 001 REQUEST FOR 1- �' '1 'L ` I d -- CITY OF TIGARD Community cDevetopment MAR 2 5 2002 ,;awa;n lu�„�'itiTi+': iii ,t . DATE: March 21 20s :1 i�`: ;*1F.t-�� I�l' 'I\ i.� �,._� _ i 1' ;I v .41,11,/,,: TO Lee Walker,CllleanWater Serulees/SWM Program 1111,! , I' . . . i.Vo7 LII I 11 � AI? FROM: .�, _ __ ,1 of Ti•and Plannin• Division * 1 STAFF CONTACT: . Brad Kilb Asso -- - - : • • _ r_-1 r ' P one: 639-4 1/Fax: 03) •84-7297 ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < . u REQUEST: A request to amend Table 18.510.1 of the Tigard Deveio inent Code to aiiow .culturai institutions to be allowed as a conditional use within the R-12 zoning disl;rct. ; LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide .Planning (Coals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1.; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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 wisjh to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 4. 2002. 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,;soot, as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 9723. PLEASE CI'l Kp , 'E;;FO ! 011�NG;Iiif16lul i!TI 1 ► '�;AP;PLY ii;!I�II� !'!':�, 1'!I'',,,ai:�i.!;'i'! ; We have reviewed the proposal and have no objections to it. ! _ Please contact _ of our office. _ Please refer to the enclosed letter. Written comments provided below: I i O—)9 X WOCA/- (r(ease provide trio foairwing information)Name of Person(s) Commenting: 'Phone Number(s): I Bradley Kilby-Cultu re-I Sin stitution Amen nt.doc Page 1 " ® Tualatin Valley Fire & Rescue TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION March 28,2002 Brad Kilby,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 Re: Cultural Institution Amendment - Dear Brad, I have reviewed the submittal for the above named project and find no conflicts with our interests. Please contact me at(503)612-7010 with any additional questions. Sincerely, Eric T. McMullen Eric T. McMullen Deputy Fire Marshal • 7401 SW Washo Court,Suite 101 •Tualatin,Oregon P •oT .(503)612-7000•Fax(503)612-7003•www.tvfr.com • • A REQUEST FOR COMMENTS CI o}flIGARD Community Development SfiapingA Better Community DATE: March 21, 2002 RECEIVED PLANNING TO: Gary Lampella,Building Official MAR 2 5 2002 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Brad Kilby, Associate Planner (x388) Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 _ ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4, 2002. 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: li- We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide tke following information)Name of Person(s) Commenting: Phone Number(s): '9Z is I • • A REQUEST FOR COMMENTS CITIOFT'IIGARD Community(Development Shaping Better Community DATE: March 21, 2002 TO: Matt Stine,Urban Forester/Public Works Department RECEIVED PLANNING FROM: City of Tigard Planning Division MAR 2 y 2002 STAFF CONTACT: Brad Kilby, Associate Planner (x388) Phone: (503) 639-4171/Fax: (503) 684-7297 CITY OF i IGARD ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 _ ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4. 2002. 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: XWe have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: r r "E TOP • Please provide the following information)Name of Person(s) Commenting: I Phone Number(s): I An REQUEST FOR COMMENTS CITY OAF TIIGARD Community cDeve(opment Shaping A Better Community DATE: March 21, 2002 TO: ., -" John Roy,Property Manager/Public Works Department RECEIVES PANNING FROM: / City of Tigard Planning Division MAR 22 2002 STAFF CONTACT: Brad Kilby, Associate Planner (x388) CITY OF IiGARD. Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4, 2002. 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. Written comments provided below: ( lease provide the following information)Name of Person(s) Commenting: I Phone Number(s): I • • REQUEST FOR COMMENTS CI OF TIIGARD Community Development Shaping A Better Community DATE: March 21, 2002 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer RECEIVED PLANNING FROM: City of Tigard Planning Division MAR 2 1 2002 STAFF CONTACT: Brad Kilby, Associate Planner (x388) CITY OF TIGARD Phone: (503) 639-4171/Fax: (503) 684-7297 , ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4, 2002. 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: JWe have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (case provide the following information)Name of Person(s) Commenting: j \i\)0 I Phone Number(s): 1V1/0 • • REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: March 21, 2002 TO: Dennis Koellermeier,Operations Manager/Water Department RECEIVED PLANNING FROM: City of Tigard Planning Division MAR 2 2 2002 STAFF CONTACT: Brad Kilby, Associate Planner (x388) Phone: (503) 639-4171/Fax: (503) 684-7297 CITY OF TIGARD ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4, 2002. 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. Written comments provided below: ((lease provide tfiefoldowing information)Name of Person(s) Commenting: I Phone Number(s): I • • REQUEST FOR COMMENTS CITYOFTIGARD Community Development Shaping A Better Community DATE: March 21, 2002 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby, Associate Planner (x388) Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2002-00002 ➢ CULTURAL INSTITUTIONS AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. Attached is a "DRAFT" of the Proposed Amendments for your review. 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: APRIL 4. 2002. 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. Written comments provided below: (lease provide the following information)Name of Person(s) Commenting: I Phone Number(s): I ,_ CITY • TIGARD REQUEST FOR CONSENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: 71A )OO .-0000a FILE NAME: C-b\c-00 1 \NsA-4,11-43n 5 km-en3meni CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: iCentral East OSouth a West IZIProposal Descrip.in Library CIT Book CITY OFFICES ONG RANGE PLANNING/Barbara Shields,Planning Mgr. _9OMMUNITY DVLPMNT.DEPTJPlanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer 3ZBUILDING DIVISION/Gary Lampella,Building Official ENGINEERING DEPTJBrian Rager,Dvlpmnt.Review Engineer L/WATER DEPTJDennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder jUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester PLANNER–POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.DJSherman Casper,Permit Coord.(sDR/cuP re:TIF) SPECIAL DISTRICTS — TUAL.HILLS PARK&REC.DIST.*/TUALATIN VALLEY FIRE&RESCUE* /(TUALATIN VALLEY WATER DISTRICT LEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS — Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge — Irish Bunnell,Development Services PO Box 369 PO Box 59 • 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM * • 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 — City Manager Portland,OR 97232-2736 -ortland,OR 97232 , PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 � ,Paulette Allen,Growth Management Coordinator •R.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris • 'Mel Huie,Greenspaces Coordinator(CPA20A) arry French(Comp.Plan Amendments Only) Routing CENWP-OP-G —CITY OF KING CITY* 1/Jennifer Budhabhatti,Regional Planner(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 ,,, in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division(Monopole Towers) 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Anne LaMountain(IGNURB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Rew N ew Coordinator _Phil Healy(IGARB) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(Vacations) _Z Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPMZCA)MS14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 –vg-Jim Nims(ZCA)MS 15 Portland,OR 97204 MA►Doria Mateja(ZCA)MS 14 WCCCA(911)(Monopole Towers) _ODOT,REGION 1 -DISTRICT 2A Dave Austin Jane Estes,Permit Specialist 17911 NW Evergreen Parkway 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97006 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE }[TRI-MET TRANSIT DVLPMT. — Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann (If Project is Within'/.Mile of A Transit 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 Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Jeri Cella,Engineering 9480 SW Boeckman Road 220 NW Second Avenue 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 — AT&T CABLE(App..enm H +afe9W) Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232 * 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:\pattyvnasters)Request For Comments Notification List 2.doc (Revised: 8-Mar-02) X13DS 9fVwwv1a • • FAX TRANSMITTAL CITY I OF TIGARD Community Development Shaping A Better Community DATE: May 31, 2002 TO: Sylvia MaKinster, Legals Section/Community Newspapers (Fax) 503-620-3433 FROM: Patricia Lunsford, City of Tigard Planning Division (Phone) 503-639-4171, x320. PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the Tigard City Council on Tuesday June 25, 2002, at 7:30 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules_of procedure set forth in Section 18.390.060E. Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT (ZOA) 2002-00002 ➢ CULTURAL INSTITUTIONS CODE AMENDMENT < REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: JUNE 6, 2002 • CITY O 120 DAYS = N/A G CITY OF TIGARD Community Deve(opment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2002-00002 Case Name: CULTURAL INSTITUTIONS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, OR 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT(ORDINANCE NO. 02-??). 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 MAY 20 2002 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 JUNE 25 2002 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 City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and _ 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. 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 ® The Affected Citizen Involvement Team Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON JULY 25, 2002. 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) 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. • Fonm`'2 • • DLCD NOTICE OF ADOPTION This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2002-00002 (If no number,use none) Date of Adoption: June 25, 2002 Date Mailed: July 1, 2002 (Must be filled in) (Date mailed or sent to DLCD) Date this proposal was sent or mailed: March 21, 2002 (60 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) • Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The City of Tigard adopted a Zone Ordinance Amendment to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions as a conditional use within the R-12 zoning district. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 8, 9, 10 and 11. Was an Exception adopted? Yes: _ No: X DLCD File No.: Form-2 • • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply. Yes: _ No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro, ODOT and the City of Tigard. Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form 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 Larry.French @state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST.