The URL can be used to link to this page

ZOA2002-00003 ZOA lOO2 - Ooo 03 • • CITY OF TIGARD LAND USE PROPOSAL DESCRIPTION FILE NO(S).: ZOA 2002-00003 120 DAYS = N/A FILE TITLE: Mixed Use Residential (MUR 1 &2)Development Code Amendments APPLICANT: City of Tigard OWNERS: Various 13125 SW Hall Blvd Tigard, OR 97223 PHONE/FAX: 503-639-4171/503-684-7297 REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE Community Development Code Sections 18380.020, 18.390.060; Comprehensive Plan Policies REVIEW 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional CRITERIA: Plan Titles 1 and 7. CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ❑ TYPE III ® TYPE IV DATE COMMENTS WERE SENT: DATE COMMENTS ARE DUE: May 31,2002 HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM E PLANNING COMMISSION (MONJ DATE OF HEARING: lune11,2002 TIME: 7:30 PM E CITY COUNCIL [TUESJ DATE OF HEARING: luly23,2002 TIME: 7:30 PM E STAFF DECISION [TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ❑VICINITY MAP El LANDSCAPING PLAN ❑ ARBORIST REPORT ❑ SITE PLAN El ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY El NARRATIVE ❑ GEOTECH REPORT ® OTHER: Code provisions STAFF CONTACT: Julia Powell Hajduk, Associate Planner, 503 639-4171,ext. 336 ZOA 2002-00003 Mixed Use Residential Development Code amendment • • I Proposed Changes to the MUR regulations in the Tigard Development Code (Section 18.520) Attached is Table 18.520.1 from section 18.520 of the Tigard Development Code. The proposed amendment is double underlined in the attached text and is located under footnote 34 and 35 of the Table. No other amendments are proposed at this time. The purpose of the amendment is to allow properties that were zoned commercial prior to the adoption and implementation of the Washington Square Regional Center to be developed as commercial only developments, if desired. It does not prevent a development from providing a mixed use component. Development of a mixed use component in the MUR zones will continue to be strongly encouraged. • • 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. 0When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16May not exceed 10% of the total square footage within an office complex. "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed MUR-1 and MUR-2 code changes • • which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20All permitted and conditional uses subject to special, development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit— see Chapter 18.798 28AIl Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 33ln-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 341-his use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes • • met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400. 1 S135AA-01400. 1 S135AA-01900. 1 S 1 AA-01901. 1 S 135DA-02000, 1 S 135AA-02500. 1 S 135AA-02600. 1 S 135AA-02700, 1 S135DA-01900. and 1 S1 DA-02000. These parcels. or parcels created from these parcels. after the effective date of this ordinance. may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR—2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the requirement the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400. 1 S135AA- 01400, 1 S 135AA-01900. . 1 S 1 AA-01901. 1 S 135DA-02000. 1 S 135AA-02500. 1 S 135AA-02600, 1 S135AA-02700, 1 S135DA-01900, and 1 S1 DA-02000. On these parcels. or parcels created from these parcels. after the effective date of this ordinance. a commercial development is not limited to a specific square footage. however. all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. Proposed MUR-1 and MUR-2 code changes TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-■1 C-05 C-G C-P CBD MUE20 MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living N R6 R11 R13 R1' R21 P26 P P P Group Living N N C N P N C R2 9/C R2 9/C Rey/C Transitional Housing N N C N C N C C C C Home Occupation R2 R2 R2 R2 R2 R2 P R2 R2 R2 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A R3° R3° P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R3° R3° Re° 1111 Accessory Units N/A N/A N/A N/A N/A N/A N/A R37 R 1 R31 Duplexes N/A N/A N/A N/A N/A N/A N/A R3° R'° P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C32 C32 C32 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C33 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities .P P P P P P P P P P • Religious Institutions C C P C P P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL , Commercial Lodging N N P R14 P P P P P N Eating and Drinking Establishments C P P R15 P P P P P R34'35 Entertainment-Oriented - Major Event Entertainment N N C N C N C C N N - Outdoor Entertainment N N P R15 P N N C N N - Indoor Entertainment P P P P P P P P P N - Adult Entertainment N N C N C N N C N N General Retail Proposed MUR-1 and MUR-2 code changes - Sales-Oriented P P7 P R1b P R22 R25 P R22 R34'35 - Personal Services P P P P P R22 R25 P R22 R34'35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 N N N - Vehicle Fuel Sales C C C N C N C C C N Office P R9 P P P P P P P R34'35 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL • Industrial Services N N N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N N N N N N N N N Railroad Yards N N - N N N N N N N N Research and Development N N N N N R24 R24 N R23 N Warehouse/Freight Movement N N N N N R24 N N R23124 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R23'24 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N III Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R27 Rail Lines/Utility Corridors P P P P P P P Other C4 C19 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes _=M.=IMN.__IM f_____l W_ j— CITY of T I G A R D w a LOCUST ST 7.1/4, Q GEOGRAPHIC INFORMATION SYSTEM N III -J\ \ J LOCUST VICINITY MAP m 1 , ,PLELEAF ST AI'6--1 I "1 { MAPLELEAF ] I 741111777" co 1110 / , OAK ' / .7:. .14 !1ui ' NE ST '41 MI ti lila RS FERR ...,....„. ills N E r.: RD SPRUCE ST I y PRUCE a i " i__ + ' ` 2:____ I& I ) ,____ m al JeULt TdiIR ......._...01 > III -tiasj: �'rHONI7 A RD - alribili ' < a _ �" 7 a Vii, r TH R S •, W _- C.----- , D--- I RD J• , _ 1 r c Tigard Nea Map / j II N .:VE . • - � J . N 0 200 600 Feet II iIi! ini J 1"�453 feet► J 111 1II11A ' �. ..� _ i I A;{ co co CsJ 00 I r.- iiT - ®��. Ilk \o City of Tigard w - 111111 �� ,.,:._-q -� ��■ 71111 \` Could be ive of this map is for lopme only Di end -_-, should be verified with the Development Services Division. PFAFFLE 13125 gar SW Hall Blvd \ Tigard,OR ll Blv■ Q-i i I, ' Iw* 63 tigard. 11111■ http://www.ci.figard.or.us Plot date:Apr 22,2002;CArnagicWIAGIC03.APR Community Development • • A REQUEST FOR COMMENTS CITY OF TIGARD C Ueve opmeAtt Shaping A Better Community DATE: April 23, 2002 TO: Per Attached List • FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. Attached is a copy of the proposed development code and comprehensive plan changes. 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: May 15. 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: Name of Person(s) Commenting: IPhone Number(s): I • ZOA 2002-00003 MUR 1 &2 Development Code Amendments REQUEST FOR COMMENTS CITYTIGARD REQUEST FOR CONINTS NOTIFICATION LISf7OR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: Z04 ZooQ– 0000 3 FILE NAME: 41(48 Code 9irfo.\,/,,ts411S - CITIZEN INVOLVEMENT TEAMS- - :_. • •• 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ['Central DEast OSouth ❑West I)froposal Descrip.in Library CIT Book CITY OFFICES orrr pteic ✓_LONG-RANGE PLANNING/Barbara-Shietds,Planning Mgr. '/COMMUNITY DVLPMNT.DEPT/Planning-Engineering Techs. _POLICE DEPTJJim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPT/Brian Rager,Dvlpmnt.Review Engineer_WATER DEPTJDennis Koellermeier,Operations Mgr. i/CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC 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.(sowcuP re:TIF) SPECIAL DISTRICTS:, _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEANWATER 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:STATEJURISDICTIONS , :.- /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 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource center(zCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 V Paulette Allen,Growth Management Coordinator ✓OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris _ Mel Huie,Greenspaces Coordinator(CPA2OA) Larry French(Comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager .Z-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(Powerlines 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 La Mountain(IGAiuRe) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) 'Sonya Kazen,Development Review Coordinator Phil Healy(IGANRB) David Knowles,Planning Bureau Da- Regional Administrator _Carl Toland, Right-of-Way Section(vacations) !!'Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPANZCA)MS 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(zcA)MS 1s Portland,OR 97204 _Doria Mateja(zcA)Ms 1e WCCCA(911)(Monopole Towers) _ODOT,REGION 1 -DISTRICT 2A* L 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 Northem/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 Wdhin'A 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 edmenrnt nn 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:\patty\masters(Request For Comments Notification List 2.doc (Revised: 8-Mar-02) I‘ Department of Land Conservation and Development �x �� : � r 10 Oregon 635 Capitol St. NE,Suite 150 Salem,Oregon 97301-2540 9 5 John A.Kitzhaber,M.D.,Governor Phone(503)373-0050 Director's Fax(503)378-5518 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 September 5, 2002 IT! TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Tamara Good, Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 003-02 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: September 17, 2002 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.625 (1), 197.830 (2), and 197.830 (9) 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 ADOPTED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. Cc: Jim Hinman, Urban Coordinator DLCD Meg Fernekees, Regional Representative DLCD Julia Hajduk, City of Tigard <paa>y/ . Form2 ' • DLCD NOTICE OF ADOPTION DEPT OF This form must be mailed to DLCD within 5 working days after the final decision AUG 30 2002 per ORS 197.610 and OAR Chapter 660- Division 18 GpNSERVt 'T1d (See reverse side for submittal requirements) AND REVEL®PMEN Jurisdiction: City of Tigard Local File No.: ZOA 2002-00003 (If no number,use none) Date of Adoption: August 27, 2002 Date Mailed: August 29, 2002 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: April 30, 2002 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 request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres)within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). 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 Zone Map Change from: N/A to Location: Washington Square Regional Center Acres Involved: 5.25 acres affected by amendment Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1,2, 9 and 10 Was an Exception adopted? Yes: _ No: X DLCD File No.: O 03_ ?. 2. ( 12 Q q J) 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: Washington County, Beaverton, Metro Local Contact: Julia Hajduk,•Associate Planner Area Code + Phone: (503) 639-4171 Address: City of Tigard, 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 -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. • • • CITY OF TIGARD, OREGON ORDINANCE NO. 02- AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE. WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997 and adopted and implemented in February 2002, and WHEREAS,there were several new zoning districts designated in the Regional Center including the Mixed Use Residential(MUR) 1 and 2 zoning designations; and WHEREAS, the MUR 1 and 2 zoning designations permit commercial uses only after the minimum residential density is met; and WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the Regional Center Plan and zoning;and WHEREAS, many of these properties have already been developed with commercial uses which would become non-conforming, and other properties were vacant and the owners had plans to develop as commercial only uses; and WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create immediate non-conforming uses or add undue burden on property owners' ability to develop their property; and WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City would continue to comply with Metro's target capacity requirements; and WHEREAS, the properties would continue to be permitted and encouraged to develop with all residential or mixed use developments; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 6-17-02 and voted unanimously to recommend approval of the requested amendments to the City Council; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on 7-23-02 and$-27-02 and voted to approve the proposed amendments;and WHEREAS,the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, and#10; Metro functional Plan Titles 1 and 7; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 5.1 and 6.1.1; and Community Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff report(Exhibit A), ORDINANCE No. 02- Page 1 • • NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report(Exhibit A). SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the affected properties are shown in Exhibit C. SECTION 3: 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 U.lel CtIii ArkOOUS vote of al Council members present after being read by number and title only,this a.-)-`day of , 2002. CC erine Wheatley, City Recor APPROVED: By Tigard City Council this 4-/1 day a 2002. 1 1. rte'tI1 NO es E. Gri`∎ 7* .yo l A. .roved as to form: �. .Al _al- Attorney Date ORDINANCE No. 02-32 Page 2 • • EXHIBIT "A" PLANNING COMMISSION 4 RECOMMENDATION TO THE CITY OF TIGARD TIGARD CITY COUNCIL Community Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL(MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment(ZOA) 2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers, if no residential use were constructed on these lots, is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400, 1S135AA-1900, 1S135AA-1901, 1S135AA-2000, 1S135AA-2500, 1S135AA-2600, 1S135AA-2700; 1S135DA-2000, and 1S135DA-1900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. SECTION II. RECOMMENDATION The Planning Commission recommends that.the City Council APPROVE the requested Zone Ordinance Amendment. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1 • • EXHIBIT "A" SECTION III. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments was delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning Commission voted unanimously to forward a recommendation of approval to the City Council. 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: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 • • EXHIBIT "A" SECTION V. ANALYSIS A. 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 Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 —Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3—Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. • Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands. Conclusion: This goal is not applicable. • PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3 • • EXHIBIT "A" Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6—Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 7—NaturalDisasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations.. Conclusion: This goal is not applicable. Statewide Planning Goal 8—Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal#8. Conclusion: This goal is not applicable. . Statewide Planning Goal 9— Economic Development: This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 • • EXHIBIT "A" Statewide Planning Goal 10— Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remains the same_ Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development -Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13— Energy Conservation • This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 • • EXHIBIT "A" Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16— Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. • Conclusion: This goal is not applicable. Statewide Planning Goal 17—Coastal Shorelands This goal requires conservation, protection. and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or. along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19 —Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. . Conclusion: This goal is not applicable. FINDING: The proposed amendment is in compliance with all applicable statewide land use goals as documented in the above analysis and conclusions. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 • • EXHIBIT "A" B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum.residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being put of compliance with its target capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan"that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings.have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity_to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth.of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and • PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7 • 110 EXHIBIT "A" residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City. of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. /14'41441—‘ June 24. 2002 PREPAR BY: lia Hajduk DATE Associate Planner • C. rfre- o f-L 4 . ,,, SIGNED: Mar r Padgett Planning Commission Chair DATE i:Urpinljulia zoa\mur\zoa2002-00003PC recommendation.doc PLANNING COMMISSION RECOMMENDATION AND FINDINGS • ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8 • TABLE 18.520.1 USE TABLE:. COMMERCIAL ZONES USE CATEGORY C-N' C-Cb C-G C-P CBD MUEZO MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living N Rb R" R" R" R" P`b P P P • Group Living N N C N P N C R`U/C. R`9/C R`y/C Transitional Housing N N C N C N C C C C Home Occupation R` R` RZ R` R` R` P R` R` R2 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A Rau R'u P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R3U . Rau R3U Accessory Units N/A N/A N/A N/A N/A N/A N/A R" R4' R31 • Duplexes • ' N/A N/A N/A N/A N/A ,. N/A N/A Rau Rau P Multi-family Units N/A N/A. N/A N/A N/A . N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions . N/A N/A N/A N/A ' N/A N/A N/A N N N CIVIC (INSTITUTIONAL) . Basic Utilities C N N C C C C C32 C3` CU Colleges N N N N N C C C C C Community Recreation N P N . N P C •N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/Cd3 Emergency Services P P P P P P P P P • N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P C P. P C P P C • Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P . . P C COMMERCIAL Commercial Lodging N N P R" P P P P P N X Eating and Drinking Establishments C P P Rib P P P P P Rd43b = Entertainment-Oriented 00 - Major Event Entertainment . N N C N C N C C N N -=I - Outdoor Entertainment N N P R15 P N N C N N W - Indoor Entertainment P P P .P P P P P P N - Adult Entertainment N N C N C N N. C N N General Retail Proposed MUR-1 and MUR-2.code changes - Sales-Oriented P P" P R15 P R22 R2' P R22 R34'3' - Personal Services P P P P P R22 R25 , P R22 R34'35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N' N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - -Motor Vehicle Sales/Rental N N P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/Ct2 N R18 R22 R25 N N N Vehicle Fuel Sales C C C N C N C C C N Office P R" P P P P P P P R441 Self-Service Storage . N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N • INDUSTRIAL • Industrial Services N N N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N . N N N N . . N N • N N Railroad Yards N N N N N N N N N N Research and Development N N N N N RZ4 - R!4 N Res N Warehouse/Freight Movement N N • N N N R24 • N N R2:u24 N Waste-Related N N • N N N 'N N N N • N Wholesale Sales N N N N C . N N N R23i24 N • OTHER Agriculture/Horticulture N N N N . N N N Cemeteries • N N N N N N N Detention Facilities N N C N C N N • Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/Rd P/Rd P/Rd P/Rd P/Rd P/Rd P/R2' Rail Lines/Utility Corridors P P P P P P • P . Other C4 C1° NA NA • C1b NA NA • P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes • • 1All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5Al1 permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit.providing.that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. - • 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. . 16May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed MUR-1 and MUR-2 code changes 4111 11 • which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20AI1 permitted and conditional uses subject to special development standards contained in 18.520.0500. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28AII Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 37Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 331n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 34This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes :,. • • met. An exception to the requirement that commercial uses may be permitted only if residential mini m se f- ar- -t i .r.vid-s far .ro.-rties zoned co e i-I .ri.r to M.1- e t.tion of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400. 1S135AA-01400. 1 S135AA-01900, 1 S 1 AA-01901. 1 S 135DA-02000, 1 S 135AA-02500. 1 S 135AA-02600, 1 S 135AA-02700, 1 S135DA-01900, and 1S1DA-02000. These parcels. or parcels created from these parcels. after the effective date of this ordinance. may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR—2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400. 1 S135AA-01400, 1 S 135AA-01900. . 1 S 1 AA-01901. 1S1 35DA-02000. 1S1 35AA-02500. 1S1 35AA-02600; 1S135AA-02700. 1 S135DA-01900, and 1S1DA-02000. On these parcels, or parcels created from these parcels. after the effective date of this ordinance, a commercial development is not limited to a specific square footage, however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. Proposed MUR-1 and MUR-2 code changes EXHIBIT "C" Fainumummumionl•menwiwirial — Itamtttmilmalisr: =MUM 1111 w - CITY of T I G A R D ST ` ` 7 a- Of OO RARNIC INFORMATION eViT(M• UI! lira d °°UST VICINITY. MAP co iningi Alia— ,- .,,�.,,,._Q �\• Properties affect y _■ - MU R code amendments �' METZGER '��i� � i' LEMENTARY �/ '� �� \ � IIl■ � ■ 1111111 o. . 4!" 11111111 co N Oil „ �1■. ■ ■ tl 1 111 MO _' OAK ST _ • 110 07, r- a III• PINE ST PIKE 1"-- 57 _, /�f{ ' W 'L:- FEW, ,,,,--R7-,. _ M _ r a. -- :411 - . All, • LAE . 111 III lag •111111111111. MU 1111111.1 N•T 5T uhi� L' r ' ' iiiimml mil Nam= ripmerwiamm .___, ---,....A . --- NI-- . MI -Q,., 11 Tigard Area Map •Id lk � �� -� 0 200 400 500 Feet ihS. LIIIIIIIIII -- I 1"R 43E feet II • . . • .. IN Milli 11111 INEN at, • •MIN: 111111111 1111 MON = =■ w■img®-z®— Ili City of Tigard NM _ ,�0 rci, iii ! jjj ■_ '� a Informaton n o should be..Mr all ,.� (603)639.4171 • ■ • • LE mtp:Aw,..6.09.1,ocus •,\O-'•-�- _--- Plot date:Jul 24,2002:C:�magic\MAGIC03,f;:..R Community Development • • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. a 441/4- F/2-C4_,4 = -3 0_2 • Primt your name and address on the reverse so that we can return the card to you. C. Signs e•• Attach this card to the back of the mailpiece, / gent or on the front if space permits. # -AAA„ A ' C� ❑Addressee 1. Article Addressed to: D. Is delivery a,dress different from item 1? ❑Yes If YES,enter delivery address below: ❑ No PLAN AMENDMENT SPECIALIST DLCD 635 CAPITAL ST. NE, SUITE 150 i 3. S rviceT yp e SALEM, OR 97301-2540 Certified Mail 0 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) 7o 91 3 goo oo1s .7,74-o • PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 • • Forrn2 • • 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.: ZOA 2002-00003 (If no number,use none) Date of Adoption: August 27, 2002 Date Mailed: August 29, 2002 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: April 30, 2002 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 request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). 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 Zone Map Change from: N/A to Location: Washington Square Regional Center Acres Involved: 5.25 acres affected by amendment Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1,2, 9 and 10 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: Washington County, Beaverton, Metro Local Contact: Julia Hajduk, Associate Planner Area Code + Phone: (503) 639-4171 Address: City of Tigard, 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. • • An 120 DAYS= N/A CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL II Case Number(s): ZOA 2002-00003 Case Name(s): Mixed Use Residential (MUR 1 & 2) Development Code Amendments Name of Owner(s): Various • Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Blvd. Tigard, OR 97223 Location: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. Action: ➢ )4., Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice of the hearing was published in the newspaper and mailed to: ® Owners of Record within the Required Distance ® Affected Governmental Agencies ® The Affected Citizen Involvement Team Facilitator The Applicant and Owner(s) Final Decision: THE DECISION WAS SIGNED ON '027-O AND BECOMES EFFECTIVE ON f 7 - v . 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. ZOA 2002-00003 Final Order Mixed Use Residential Development Code Amendments • • CITY OF TIGARD, OREGON • ORDINANCE NO. 02- ✓2 AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE. WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997 and adopted and implemented in February 2002, and WHEREAS, there were several new zoning districts designated in the Regional Center including the Mixed Use Residential(MUR) 1 and 2 zoning designations; and WHEREAS, the MUR 1 and 2 zoning designations permit commercial uses only after the minimum residential density is met; and WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the Regional Center Plan and zoning; and WHEREAS, many of these properties have already been developed with commercial uses which would become non-conforming, and other properties were vacant and the owners had plans to develop as commercial only uses; and WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create immediate non-conforming uses or add undue burden on property owners' ability to develop their property; and WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City would continue to comply with Metro's target capacity requirements; and WHEREAS, the properties would continue to be permitted and encouraged to develop with all residential or mixed use developments; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 6-17-02 and voted unanimously to recommend approval of the requested amendments to the City Council; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on 7-23-02 and 8-27-02 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, and#10; Metro functional Plan Titles 1 and 7; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 5.1 and 6.1.1; and Community Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff report(Exhibit A), ORDINANCE No. 02-32- Page 1 III • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report (Exhibit A). SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the affected properties are shown in Exhibit C. SECTION 3: 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 U.f CM'IYUOU5 vote of al Council members present after being read by number and title only,this a 1 'day of ,2002. ' Cat erine Wheatley, City Recor APPROVED: By Tigard City Council this �� day •. _ , 2002. i tj Ej. i4■NVI■110.) 7mesE. Gri i t, .yo i A,'roved as to form: F h Attorney Date ORDINANCE No. 02-32 Page 2 • • EXHIBIT "A" PLANNING COMMISSION RECOMMENDATION TO THE CRY OF TIGARD TIGARD CITY COUNCIL Community Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment(ZOA) 2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers, if no residential use were constructed on these lots, is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected. by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400, 1 S135AA-1900, 1 S135AA-1901, 1S135AA-2000, 1S135AA-2500, 1S135AA-2600, 1 S135AA-2700, 1 S135DA-2000, and 1 S135DA-1900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. SECTION II. RECOMMENDATION The Planning Commission recommends that the City Council APPROVE the requested Zone Ordinance Amendment. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1 • EXHIBIT "A" • SECTION III. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments was delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning Commission voted unanimously to forward a recommendation of approval to the City Council. 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: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 • • EXHIBIT "A" SECTION V. ANALYSIS A. 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 Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3—Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3 • EXHIBIT "A" Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6—Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 7— Natural"Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 8— Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal #8. Conclusion: This goal is not applicable. Statewide Planning Goal 9 — Economic Development: This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 EXHIBIT "A" Statewide Planning Goal 10— Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remains the same. Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13— Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 • • EXHIBIT "A" Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16— Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17—Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19—Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: The proposed amendment is in compliance with all applicable statewide land use goals as documented in the above analysis and conclusions. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 110 • EXHIBIT "A" B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being out of compliance with its target ' capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7 • • EXHIBIT "A" residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines, the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. 4141:etig— June 24, 2002 PREPAR BY: a Hajduk DATE Associate Planner SIGNED: Mark Padgett Planning Commission Chair DATE i:U rpin\julia\zoa\mur\zoa2002-00003PC recommendation.doc • PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-C' C-G C-P CBD MUE20 MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living N Rb R" R" R" R21 p2b P P P Group Living N N C N P N C R29/C Rey/C Rey/C Transitional Housing N N C N C N C C C C Home Occupation R2 R2 R2 R2 R2 R2 P R2 R` R2 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A Rau Rau P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A Rau R3° R3u Ill Accessory Units N/A N/A N/A N/A N/A N/A N/A R37 R31 R" Duplexes N/A N/A N/A N/A N/A N/A N/A Rd° Rao P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C32 C32 C32 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C33 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P • Religious Institutions C C P C P. P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R74 P P P P P N X Eating and Drinking Establishments C P P R1b P P P P P R34/4b = Entertainment-Oriented 00 - Major Event Entertainment . N N C N C N C C N N = - Outdoor Entertainment N N P R15 P N N C N N co - Indoor Entertainment P P P P P P P P P N - Adult Entertainment N N C N C N N . C N N General Retail Proposed MUR-1 and MUR-2 code changes - Sales-Oriented P P7 P R1b P R22 R25 P RG2 R34'35 • - Personal Services P P P P P R22 R25 P R22 R34'35 - Repair-Oriented P P P N P R22 R25 R22 R22 N • • - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22. R25 N N N - Vehicle Fuel Sales C C C N C N C C C N Office P R9 P P P P P P P R341,35 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N • INDUSTRIAL Industrial Services N N N N N N N N N N • Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N N RL4 R24 N R23 N Warehouse/Freight Movement N N N N N R24 N N R23124 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R23'24 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N • Heliports N N C C C N N Mining N N N N N N N ' Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R2' Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes • • 1All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 'Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the,same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue-and Hill Street, within Proposed MUR-1 and MUR-2 code changes 1111 • which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20AIl permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23A11 activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28All Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 331n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes • met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400. 1S135AA-01400. 1S135AA-01900, 1 S 1 AA-01901. 1 S 135DA-02000. 1 S 135AA-02500. 1 S 135AA-02600. 1 S 135AA-02700. 1S135DA-01900. and 1 S1 DA-02000. These parcels, or parcels created from these parcels, after the effective date of this ordinance. may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR—2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400, 1 S135AA-01400, 1 S 135AA-01900, . 1 S 1 AA-01901. 1 S 135DA-02000. 1 S 135AA-02500. 1 S 135AA-02600, 1 S135AA-02700. 1 S135DA-01900. and 1 S1 DA-02000. On these parcels. or parcels created from these parcels. after the effective date of this ordinance, a commercial development is not limited to a specific square footage. however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. Proposed MUR-1 and MUR-2 code changes . EXHIBIT "C" fainummuummininiummoul � I Q E_ ST Q Q - GEOGRAPHIC INFORMAIN CITY of TIGARD TEM al �� L°cusT VICINITY MAP' \ m . ., . AI w Q Properties affected b - Q \ Propertl Y — - - • h MUR code amendments ■ clz-3- LEMENTARY F 11 ■\ • _ • OAK ST i 7) / t• A. • aS PINE ST pI,NE S r rem t iL SPRUCE ST Q SPR CE ST _ ., ULI.ffTtO .� �• rlF.'F 133 NO AO. V...1.vM..�. �TH R g - .� � � > T - �� - �1 ' Q 410 Tigard Area Mep i IL 1110 . co . . r VE. IP. A ...1.1111111111111111 la -. 0 200 400 600 Feet • r MO- a=Q== V=438 feet 7� 1 . . ■ 11111 ■.. ♦ _, El ..___7.... ' . . =El ill =No ■ ki\lhk.' I 1 M S■N�-~�■ City o Tigard• OM co MS '-- , . Information on this h th is for general location s Di end T= - .. ��• should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 _ ' .\ / iI .. ,1. (503)639.4171• IV Q 7--7 :OLE http://www.Gi,tigard.or.us • Plot date: Jul 24,2002;C:\magic\MAGIC03.APR Community Development . 11, • AGENDA ITEM# 1 3 FOR AGENDA OF August 27,2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Mixed Use Residential Development Code Amendments PREPARED BY: Julia Hajduk ' DEPT HEAD OK j./PfA,A/Y MGR OK i v v Vt71 ISSUE BEFORE THE COUNCIL Should the Development Code be amended to exempt properties that were zoned commercial prior to being zoned Mixed Use Residential 1 or 2 from being required to meet minimum residential density requirements in order to develop a commercial use? STAFF RECOMMENDATION Adopt the proposed exemption amendment by adopting the attached Ordinance. INFORMATION SUMMARY At the City Council hearing on February 26, 2002, implementing the Washington Square Regional Center Plan and Development Code amendments, testimony was received from a property owner of property zoned neighborhood commercial who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself • was acceptable and implemented the zoning, it was felt that this issue should be looked at in more detail and staff was directed to provide additional information on the issue. A concern was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. It was determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, a proposed amendment to the development code was drafted which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The Planning Commission held a public hearing on the issue on June 17, 2002. No public testimony was received and, after deliberation, the Planning Commission voted unanimously to forward a recommendation of approval of the amendment to the City Council. The City Council opened the hearing on this issue at the July 23, 2002 meeting and continued the hearing to allow for re-notice after an omission was discovered on the vicinity map that had been included in the original notice. Notice has been re-mailed and re-published with a corrected map that includes all affected property owners. OTHER ALTERNATIVES CONSIDERED 1. Do not adopt the proposed amendment. 2. Ask for revisions to the proposed exemptions. • • VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal#1, Strategy#5, "Address planning and growth issues associated with the Regional Center." ATTACHMENT LIST Attachment 1: Draft Ordinance Exhibit A: Staff Report Exhibit B: Proposed Development Code Amendments Exhibit C: Map of affected properties Attachment 2: Draft June 17th Planning Commission Minutes FISCAL NOTES N/A • • • Attachment 1 CITY OF TIGARD, OREGON 411 ORDINANCE NO. 02- AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE. WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997 and adopted and implemented in February 2002, and WHEREAS, there were several new zoning districts designated in the Regional Center including the Mixed Use Residential(MUR) 1 and 2 zoning designations; and WHEREAS, the MUR 1 and 2 zoning designations permit commercial uses only after the minimum residential density is met; and WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the Regional Center Plan and zoning; and WHEREAS, many of these properties have already been developed with commercial uses which would become non-conforming, and other properties were vacant and the owners had plans to develop as commercial only uses; and WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create immediate non-conforming uses or add undue burden on property owners' ability to develop their property; and WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City would continue to comply with Metro's target capacity requirements; and WHEREAS, the properties would continue to be permitted and encouraged to develop with all residential or mixed use developments; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 6-17-02 and voted unanimously to recommend approval of the requested amendments to the City Council; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on 7-23-02 and 8-27-02 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, and#10; Metro functional Plan Titles 1 and 7; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 5.1 and 6.1.1; and Community Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff report(Exhibit A), ORDINANCE No. 02- Page 1 • 1111 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report (Exhibit A). SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the affected properties are shown in Exhibit C. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2002. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2002. James E. Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE No. 02-_ Page 2 • • EXHIBIT "A" PLANNING COMMISSION i10 RECOMMENDATION TO THE CITYOFTIGARD TIGARD CITY COUNCIL Community Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment (ZOA) 2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers, if no residential use were constructed on these lots, is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400, 1 S 135AA-1900, 1 S 135AA-1901, 1 S 135AA-2000, 1 S 135AA-2500, 1 S 135AA-2600, 1S135AA-2700, 1 S135DA-2000, and 1 S135DA-1900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. SECTION II. RECOMMENDATION The Planning Commission recommends that the City Council APPROVE the requested Zone Ordinance Amendment. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1 • • EXHIBIT "A" SECTION III. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments was delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from -residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning Commission voted unanimously to forward a recommendation of approval to the City Council. 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: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 • • EXHIBIT "A" • SECTION V. ANALYSIS A. 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 Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington.Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3—Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3 • • EXHIBIT "A" Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6—Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. . Statewide Planning Goal 7 — Natural'.Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 8— Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal #8. Conclusion: This goal is not applicable. Statewide Planning Goal 9 — Economic Development: This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 • • EXHIBIT "A" Statewide Planning Goal 10— Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remains the same. Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13— Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 • EXHIBIT "A" Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16— Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17 — Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19 —Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: The proposed amendment is in compliance with all applicable statewide land use goals as documented in the above analysis and conclusions. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 • • EXHIBIT "A" B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being out of compliance with its target capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7 • • EXHIBIT "A" residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. K / June 24, 2002 PREPAR BY: lia Hajduk DATE Associate Planner • SIGNED: Mark Padgett Planning Commission Chair DATE i:\I rpin\julia\zoa\mur\zoa2002-00003PC recommendation.doc PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY . C-N1 C-Cs C-G C-P CBD MUEL° MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living .N Rb R" R" R" R21 p2b P P P Group Living N N C N P N C R29/C R`u/C R1y/C Transitional Housing N N C N C N C C C C Home Occupation R` R2 R` R` R` R2 P R` R` R2 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A R'U R3° P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R'U Rd° R'U Ill Accessory Units N/A N/A N/A N/A N/A N/A N/A R" R" R31 Duplexes N/A N/A N/A N/A N/A N/A N/A R'U R3° P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A . N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C32 C'1 C'' Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C33 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P •P P P P P P P P N Public Support Facilities P P P P P P P P P P • Religious Institutions C C P C P. P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R14 P P P P P N X Eating and Drinking Establishments C P P R" P P P P P RS4/3b = Entertainment-Oriented W_ - Major Event Entertainment N N C N C N C C N N - Outdoor Entertainment N N P R15 P N N C N N W - Indoor Entertainment P P P P P P P P P N - Adult Entertainment N N C N C N N C N N General Retail Proposed MUR-1 and MUR-2 code changes - Sales-Oriented P P' P Rib P RG2 R25 P R24 R34/35 - Personal Services P P P P P R22 R25 P R22 R34/35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N • P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22_ R25 N N N • Vehicle Fuel Sales C C C N C N C C C N Office P R9 P P P P P P P R34/35 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL • Industrial Services N N - N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N N RL4 R24 N R23 N Warehouse/Freight Movement N N N N N R!4 N N R2a'24 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R43'24. N OTHER Agriculture/Horticulture • N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N II Mining N N N N N N N Wireless Communication Facilities P/R3 P/R4 P/R° P/R3 P/R3 P/R3 P/R2' Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes • • 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. limited to motor vehicle cleaning only. 6When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. "A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 74Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16May not exceed 10% of the total square footage within an office complex. "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed MUR-1 and MUR-2 code changes • • which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20AI1 permitted and conditional uses subject to special development standards contained in 1 8.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at • the time the MUE zoning district was adopted in the Tigard Triangle. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28All Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes • • met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400. 1S135AA-01400. 1S135AA-01900, 1 S 1 AA-01901, 1 S 135DA-02000, 1 S 135AA-02500. 1 S 135AA-02600. 1 S 135AA-02700, 1S135DA-01900. and 1S1DA-02000. These parcels. or parcels created from these parcels, after the effective date of this ordinance. may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR —2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400. 1 S135AA-01400, 1 S 135AA-01900, • 1 S 1 AA-01901. 1 S 135DA-02000, 1 S 135AA-02500, 1 S 135AA-02600, 1S135AA-02700. 1S135DA-01900. and 1S1DA-02000. On these parcels. or parcels created from these parcels. after the effective date of this ordinance, a commercial development is not limited to a specific square footage. however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. Proposed MUR-1 and MUR-2 code changes EXHIBIT "C" ST , > 1----1w- CITY of I r nil / ST ,\� �`" >Q Q —a - OEOOR APNIC INiORMATION SYSTEM _ LOCUST VICINITY MAP \ m • 4.1 mom ill__± .� ' ;" Q Q • Properties affected by METZGER -J"- .. MUR code amendments LEMENTARY T...-1----- . migiror • uIIP ' t - OAK / OAK ST \\ 1 • / . . I . . . CO— r —1 PINE ST LE S - f ' • I (1RG FEAR r-- I .L-- . .�. c'4) 'rl FO't Noll.,- 4 Lit,a i . SPRUCE SST S . ~{{ ' l SPR CE ST — o �1 I '.T�aULI riRQ,tM 4 IIONITA D aE NO R6../ ..,,,ta,_,.._ R i I THORN S i > j Q .� , Tigard Area Map • �ll,--,— ..Noll ,. CO vE ' N • y • ' , .` imam Noll 0 200 400 600 Feet 27 Lill. -_QNo- 1"=436 feet T - •• 411111‘ tiiihkr I M--N�- City of Tigard \\ . Information on this map is for General Iocatlon only and r-- should be verified with the Development Services Division. 13125 ity SW Hall Blvd MN _< co ) .166'6n \ , i .. „ . Tigard,(503)639-41723 Q I '_—_ - -� LE _ hllp:/Miv+v+.ci.ligard.oqus • Plot date:Jul 24,2002;C:\magic\MAGIC03.APR Community Development • • Attachment 2 DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 17, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Munro, Scolar, Sutton, and Webb Commissioners Absent: Commissioners Buehner and Mores Staff Present: Julia Hajduk, Associate Planner; Dan Plaza, Parks Manager; Duane Roberts, Associate Planner; Jaimie Dumdi, Administrative Specialist; Jerree Gaynor, Planning Commission-Secretary 3. PLANNING COMMISSION COMMUNICATIONS Next meeting will be July 15th. 4. PUBLIC HEARING 4.1 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres)within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 1 • • DRAFT Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. Testimony received at the City Council hearing raised concern that there are properties previously zoned commercial prior to adoption of the Regional Center Plan that would be negatively impacted by the new Mixed Use Residential zone designation. This amendment proposes an exemption for only those properties that were previously zoned commercial so that they do not have to meet the residential component in order to be developed commercially. While not required to build to the minimum residential density, they are encouraged to have a mixed used development and must still meet all other Regional Center standards. • Target capacity numbers will continue to be met and therefore staff recommends the Planning Commission forward a recommendation of approval to City Council. In response to inquiry from President Padgett, Ms. Hajduk clarified that this exemption applies only to properties that are now zoned mixed use residential but were previously zoned commercial, regardless of whether or not they are developed or vacant, i.e., parcels ready to be commercially developed as well as parcels already developed with commercial uses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Webb moved that, based upon the findings in the staff report, the Planning Commission recommend to the City Council to approve ZOA 2002- 00003. Commissioner Scolar seconded the motion. A voice vote was taken and the motion passed unanimously. 4.2 BONITA PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Bonita Park Master Plan (Exhibit A). This is a 5-acre site located on Milton Court off Bonita Road by 74th Avenue. Staff recommends the Planning Commission forward a recommendation of approval to City Council. The City Council will consider the plan at its next meeting on July 8, 2002. Discussion items: ➢ CDBG (Community Development Block Grants) provide funding for underprivileged areas. ➢ Staff is comfortable that public input has been satisfied. The site is small and contains wetland areas and a buffer zone along the creek that limit what can be developed on it. A picnic shelter may be added in the future. PLANNING COMMISSION MEETING MINUTES — June 17,2002 — Page 2 • DRAFT > The playground area will not be secluded by a ring of tall trees. Due to input from the Police Department, it may be moved further south than what is depicted in this plan in order to increase visibility. > The City Forester will develop the tree plan. > A nice portable restroom facility will likely be installed. > Native landscaping, street lighting, and visibility will be emphasized. > Milton Court has adequate parking on both sides. The other side of Milton Court is zoned commercial. > Through Metro, the City has use of 13 acres of green space to north. > Bike racks will be installed. > Nine-foot basketball rings are discouraged due to damage caused by dunking. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved that, based upon the presentation by staff, the Planning Commission recommend to the City Council to adopt the Bonita Park Master Plan, incorporating comments heard from the Planning Commission at this meeting. Commissioner Bienerth seconded the motion. A voice vote was taken and the motion passed unanimously. 4.3 SUMMERLAKE PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Summerlake Park Master Plan (Exhibit B). Discussion items: > There is a very active dog park committee and maintenance of grass in the dog and other areas is not anticipated to be a problem. The grass will likely need to be restored after five years. Staff will check into whether there is a specific type of grass that would be more suitable for the dog area. > Development of the water areas will be reviewed by the City's risk department. The final plan will be reviewed by the City's insurer. > Native plantings and low or no irrigation is encouraged. > Construction of the project will be phased over two years, but the order in which specific areas are developed has not been prioritized. The playgrounds and picnic shelters are likely to be developed first. PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 3 • • DRAFT PUBLIC TESTIMONY IN FAVOR Michael Cox, 16697 SW 108th Ave., Tigard, OR 97224 – is a dog owner and member of the dog park committee. The 8-person committee is very committed to maintenance of the park through volunteers. Park users will be encouraged keep dogs on-leash—use off-leash area. Numerous steps have been implemented to maintain cleanliness and park aesthetics. He supports the plan. Chris Garsteck, 11774 SW 125th Ct., Tigard, OR 97223 – lives in Summerlake Park area and member of the dog park committee. The City park master plan shows a need for three dog parks in Tigard. A survey at last year's balloon festival showed 90% of citizens are in favor of an off-leash dog park. She recommends approval of this plan with an off-leash dog park area. Dog Park volunteers are working with Susan Koepping to coordinate park maintenance efforts. Steven Topp, 12566 SW Bridgeview Ct., Tigard, OR 97223 – lives in Winterlake area—area residents are in favor of the park plan as proposed. A skateboard park is not suitable for this area. Michelle Sittel, 17085 SW Eldorado, Tigard, OR 97224 – member of dog park committee –testified in support of the Summerlake Park Plan as proposed. Jonathan Male, 12910 SW Winter Lake Dr, Tigard, OR 97223 – signed up to speak, but chose not to. Christie Smith, 11320 SW Ambiance Ct., Tigard, OR 97223 – signed up to speak, but chose not to. Gene McAdams, 13420 SW Brittany, Tigard, OR 97223 – wants the record to show that the citizens who participated in development of this plan recommended against the skate park and the BMX facility. These facilities are not suitable to the nature of this park; the space required would diminish the beauty and benefits of the park. It would be helpful if the square footage of the maintenance building were specified. He recommends that the building blend into the park in a harmonious fashion. Endorses open space in the park. The Planning Commission noted that limited resources will ensure that the building will not be any larger than is necessary. PUBLIC TESTIMONY IN OPPOSITION None PUBLIC HEARING CLOSED Discussion items: D The Planning Commission endorses open spaces in the park. PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 4 • • DRAFT > The off-leash dog area in front of the maintenance building will help to screen the building. A road on the west side of parking lot goes through the trees to access the facility. > Use native plantings as much as possible. > Have some areas that have no or low irrigation needs. > Use a more hardy grass for the dog area. Commissioner Bienerth moved that, based upon the presentation by staff and testimony heard at this hearing, the Planning Commission recommend to the City Council to adopt the Summerlake Park Master Plan, incorporating comments heard at this meeting. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:15 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 5 07/25/2002 12:00 5035460725 COMMUNITY NEWSPAPERS PAGE 01 , • 1 • , COMMUNITY NEWSPAPERS • • %Wm May as•CrdwsCr•Y 1r•••crrnwarrwr•Ih•Comi1101•INGw*Mns•1rra.rn•.drs b, agiyrrCuda•h•+aww.r•+nin+eas•o.p.a+*+•1•.T.•,.meu•• llwweaq•1r•Sail ahaev4rwM.11001•Na•rrr nw•w Wbeawlo•%%Wm aim Cam•RWi eanom=WmleoJFMMipr•nrlur•a►10.Orserats.ara*/padre FAX COVER SHEET A`I'TN: COMPANY: _ FAX #: 3 — 687 7 7 We have received your Public Notice information //� � Re: /z 'n X0,2 — OOvo 3 kte-vice;r k ie ' Paper(s): � y�x�.s� Publication bate(s): You will receive a notarized affidavit, with tear sheet attached, after the last publication date. Thank you for publishing with Community Newspapers, Inc., and please feel free to call if you have questions. Sineer , e- 716t Sylvi akinster, Adv.Asst. & Legals Phone: 503-546-0779 Fax: 503-620-3433 Date: 7/i-'S10.02-- Time: hem- No. Pages: (including cover) Please direct this transmittal. If you do not receive all pages, please call. Thank You. P.O. Box 370 • Beaverton, OR 97075 • (503) 684-0360 • Fax: (503) 620-3433 ' 4 • • DATE: July 24,2002 TO: Sylvia Makinster, Legals(fax)620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.)6394171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the TIGARD CITY COUNCIL ON TUESDAY,AUGUST 21,2002, AT 1:30 P.M. at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling.(503) 639-4171. PUBLIC HEARING ITEM: CONTINUED FROM JULY 23, 2002 • ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10.parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. (Insert Map) TT PUBLISH DATE: AUGUST 15,2002 ••irliniuPUIMIIIIII li 1 � _ _ CITY of T I G A R D ST w yQ j III ligief ,Allem��" LOCUST — a-I GEOGRAPHIC INFORMATION SYSTEM STE M VICINITY MAP J APL: , w� =Q � / Propert ies affected b y; ij METZGER ,- MUR code amendmens • SCHO 41lJ1ii1L C `` OAK ST • i I,z) / •AK \ o f— o PINE ST P NE ST •Y RSFERR ,� —_ 2D��y ` RD \ 1 im - 1 Fo'> ■ _1� •N . " ga u m ' - J'opt I.fxv` 6� of SPRUCE ST— _ SPRUCE ST _ 1 .. 1 flllLt�f fT{R QP' , ;BONI I1111 D LU lI 15. . i 0 QY-.(---- �� Bfif BEND RD. DURHAM RD TH RN S1 . i.x. L.J Ihill ST ,. Q ',_ —Tigard Nee Map • LL S r N�1111�`S N - STEVE �- -1 1 11111111111 MN .0. -■ 0 200 400 600 Feet �2y • -. .—>-- 1"=438 feet L Mum 'im MIN 1 A -� �■ , < Iiir !:MEIN � r G 2\�ill_ , MEM http:(5l03)c39iga d'or.us e. , PFAFFLE _ • Plot date:Jul 24,2002;C:\magic' lAGlCO3.APR Community Development . • A ih City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: that I am a Confidential Executive Assistant for The City of Tigard, Oregon. Fl That I served NOTICE OF PUBLIC HEARING FOR: {Check box above,If applicable} {check appropriate box below} (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer Tigard City Council That I served NOTICE OF (AMENDED n) DECISION FOR: {Check box above,if applicable} City of Tigard Planning Director That I served NOTICE OF (AMENDED n) FINAL ORDER FOR: (Check box above,if applicable} {check appropriate box below) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named persons at the addresses shown on the attached lists, marked Exhibit "B", on the 26th day of July, 2002, and deposite' in the United State Mail on the 26th day of July, 2002, postage prepaid. / �,-- Prepar:•• Notice Su•-cr bed and sworn/affirmed before me on the 12 day of s t , 20 02. NOTARY PUBLIC OF OREGON oFFlcIALs SHERMAd S.CA^P_R My Commission Expires: Itt, tIj 201:63 `'. 1,1 • NOTARY PUBLIC-OREGON COMMISSION NO.323409 MY COMMISSION EXPIRES MAY 13,2003 't;rr / NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, l r•I I IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development CITY OF TIGARD RE,/S1, PUBLIC HEARING NOTICE You are receiving this revised notice because the original notice omitted 2 properties that should have been included. These properties are on the southwest corner of Hall and Oak and are correctly reflected in the attached map. The City Council held its regularly scheduled hearing on this issue on July 23, 2002 but held the record open to allow for re-notice. Another hearing is provided as described below: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, AUGUST 27, 2002, AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO(S).: ZOA 2002-00003 FILE TITLE: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS APPLICANT: City of Tigard OWNER: Various 13125 SW Hall Blvd Tigard, OR 97223 REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies REVIEW 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional CRITERIA: Plan Titles 1 and 7. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390 of the Community Development Code. Assistive listening devices are availablLs for persons with impaired hearing. T City will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request. Please call (503) 639-4171, ext. 323 (voice)or(503)684-2772 (tdd -telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearing. Oral testimony may be presented at the public hearing. At the public hearing, the City Council will receive a staff report presentation from the City planner, open the public hearing, and invite both oral and written testimony. The City Council may continue the public hearing to another meeting to obtain additional information or close the public hearing and take action on the application. If a person submits evidence in support to the application less than seven (7) days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing, any participant in the hearing may request that the record remain open for at least seven (7) days after the hearing. A request that the record remain open can be made only at the first evidentiary hearing (ORS 197.763(6). Included in this notice is a list of approval criteria applicable to the request from the Tigard Community Development Code and the Tigard Comprehensive Plan. Approval or disapproval of the request by the Planning Commission or City Council will be based upon these criteria and these criteria only. At the hearing, it is important that comments relating to the request pertain specifically to the applicable criteria listed. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the community development code or comprehensive plan at which a comment is directed precludes an appeal to the Land Use Board of Appeals based on that issue. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page, or the current rate charged for copies at the time of the request. At least seven (7) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or a copy can be obtained for twenty- five cents (25 )per page, or the current rate charged for copies at the time of the request. For further information please contact the staff planner Julia Hajduk at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. [ ---' o I I I I II J l • ' G CITY of TIGARD ST• > e.00....,c,..o.....c....... IM! 1111111:_ ■ r-1 o LOCUST VICINITY MAP 1 P q '._I ,� 1,`_<\\ Properties affected by �WIIIIIIIII r MUR code amendments vLEMENTARY /� •\ I. ■ ■ - SCFiO ■�m\ ��E ..�'_ I 2 / .■ —1"--1 OAK ST I ' o11 T PINE ST PINE , 1 i 1 . ii-04 mis e SPRUCE ST SP UCE ST �t W I I lij ---t- • 1 ,,,- - Imp THORN ST'- f vniii rw.m w..Mw i,. .-. �`�z z_ I 1 ■ 0 200 X00 6W FrI -_ _. Elk 2--z-_ -- City of Tigard c I InnI .na M0."nN3w3125 W023 n.nl 5nrvn... TIyN,OR 97333 IIMffir I5o]I 6394171 ■ 111111111 ..1111... • _ / PFAF LSE ___ _. 1mon.,w..d -«.m wji965 aasei • �e� ssaippy ®At13AV 1 S 135DA-05100 1 S 135AD-01102 1�XI-1�r 2000-014 PARTITION PLAT BARNES MARK S FF��ll��1111 OWNERS OF LOTS 2-3 8815 SW SPRUCE ST 2993 N CANYON RD TIGARD,OR 97223 PROVO,UT 84604 1 S 135DA-02202 1S 135AA-03900 ALANDER BONNIE R/NORMAN E BAYARD MICHEL L& PO BOX 2619 TROWT TOBY ELLEN WHITE CITY,OR 97503 20555 BOWERY LN BEND,OR 97701 1 S 135DA-02200 1 S 136CB-00890 ALANDER BONNIE R/NORMAN E BECKHAM PAUL D AND DEBORAH R PO BOX 2619 8485 SW PFAFFLE WHITE CITY,OR 97503 TIGARD,OR 97223 1 S 135AA-05000 1 S 135AD-00301 ALBERTSON RICHARD D BELFANTI PETER J 10255SW87TH 8612 SW PINE ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DD-90328 1 S 135AD-00901 ALKEKHIA MAJD BENNETT PATRICE D 16139 SW ROSHAK RD 10675 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-02304 1 S 135DA-00400 ALLEN MARILYN L BERGMANN KENNETH&DONNA 8525 SW OAK ST 10726 SW 63RD TIGARD,OR 97223 PORTLAND,OR 97219 1 S 135AA-01200 1 S 135DA-00300 ALLISON M DEAN&DOROTHY D BERGMANN KENNETH L AND do ALLISON ANNETTE C DONNA J 8870 SW MAPLELEAF ST 10726 SW 63RD PLACE PORTLAND,OR 97223 PORTLAND,OR 97219 1 S 135AA-05900 1 S 135AA-01400 ANTARES GRACE BESLEY PROPERTIES LLC 8811 SW MAPLE CT 7889 SW BIRDS HILLS CT TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DD-90225 1 S 135DD-03618 ARCHITECT TED N&KIMBERLY S TR BRADFORD GARY TR 9805 NE SHAVER 305 E FIFTH MAYWOOD PARK,OR 97220 THE DALLES,OR 97058 1 S 135AD-00100 1 S 135DA-01400 BAERTLEIN GEORGE&R KAY BRAHMA PREMANANDA ASHRAM 8504 SW PINE ST 11515 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 nt9t5 Jol aleidwal asn w,siaauc aaaa uioowc W1I96S aasei • Owl ssaippy ®A213AV 1 S 135DA-03503 1 S 135AA-04800 BRAHMAPREMANANDA ASHRAMA CAGE JUDITH K 11515 SW HALL BLVD 10199 SW 87TH TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-03703 1S1 35AA-02400 BRANDT WALDO G&PEARL E CAIN JAMES L&DARLENE L 8835 SW OAK ST 27775 NW WILLIAMS CANYON RD PORTLAND,OR 97223 GASTON,OR 97119 1 S 135DA-01700 1S 135AA-05400 BRAZIL CLARENCE E&MARY JEAN CALDWELL TANYA L BY LN PROPERTIES LLC 10269 SW 87TH AVE 342 SUNCREST CT NW TIGARD,OR 97223 SALEM,OR 97304 1 S 135DA-00700 1 S 126DD-90310 BROSSIA PAUL F AND CALLAHAN STEPHEN P GRAHAM DON G 10000 SW HALL BLVD#10 300 4TH ST TIGARD,OR 97223 LAKE OSWEGO,OR 97034 1 S 135AA-00905 1 S 135AA-05100 BROWN JAMES F& CASANOVA CARL HENDERSON-BROWN CHERYL L 10233 SW 87TH 10200 SW 90TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-02100 1 S 135AA-01800 BROWN MARGARET ANN CHAVEZ HELEN W • 19065 SW JOHNSON AVE 8407 SW LOCUST ALOHA,OR 97006 PORTLAND,OR 97223 1 S135DA-01900 1S135AA-03901 BROWN MARGARET ANN CHEPIN JOHN 19065 SW JOHNSON AVE 8911 SW OAK ST ALOHA,OR 97006 TIGARD,OR 97223 1 S 135AA-06400 1 S 126DD-04500 BRYAN SUSAN J CHRISTENSEN CONSTRUCTION 8770 SW MAPLE CT NW LLC TIGARD,OR 97223 16952 NW BERNIETTA CT . PORTLAND,OR 97229 15135M-05700 1 S126DD-04200 BUTORI EUGENE F&VIRGINIA A CHRISTENSEN CONSTRUCTION 7645 SW CEDAR ST NW LLC PORTLAND,OR 97225 16952 NW BERNIETTA CT PORTLAND,OR 97229 1 S 135AD-00400 151 26DD-04300 CACH GERALD C&JOAN P CHRISTENSEN CONSTRUCTION 15160 SW SUNRISE LN NW LLC TIGARD,OR 97224 16952 NW BERNIETTA CT PORTLAND,OR 97229 „tMtC.lo!aieidwai asn 'U.siaauc oaaa uioowc 1,41196S Jasei • eel sseippy ®A2l3A1V ' 1S126DD-04400 1S135AD-01300 CHRISTENSEN CONSTRUCTION DAVIS EUGENE L&VIVIAN M NW LLC 10875 SW 89TH AVE 16952 NW BERNIETTA CT TIGARD,OR 97223 PORTLAND,OR 97229 1S12600-03500 1 S 135AD-01200 CHRISTENSEN ERIC J& DAVIS EUGENE L&VIVIAN M BARBARA S 10875 SW 89TH AVE 8870 SW CORAL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-03701 1 S 135AD-03400 CHRISTENSEN JACK L AND NANCY S DAVIS GENE L 8805 SW OAK ST 10875 SW 89TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DD-02000 1 S 135AD-01000 COURT HOLLIS H& DAVIS GENE L COURT MARTHA L 10875 SW 89TH AVE 8780 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DD-03002 1 S 135AA-03201 CRABTREE DENNIS J AND DAVIS MICHAEL A AND BEVERLY J LAURI L 10020 SW 90TH AVE 8535 SW PINE TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AA-03702 1 S 135AA-03704 CULLINAN RANDY J AND DEMOUIN STEVE& KRISTINA G LINN MARGARET 8775 SW OAK STREET 10455 SW 87TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-06300 1 S 135AA-03700 DAGGETT KATHLEEN K DEMOULIN STEVE& 1960 MAPLELEAF DR LINN MARGARET LAKE OSWEGO,OR 97034 10455 SW 87TH AVE TIGARD,OR 97223 1 S 135DA-01000 1 S 135AA-90000 DALTON DAVID L DEODAR CONDOMINIUMS 8530 SW PFAFFLE RD OWNERS OF UNITS TIGARD,OR 97223 , 0 1 S 135DA-01200 1 S 126DD-90117 DALTON DAVID L EASTON WILLIAM J 8530 SW PFAFFLE RD• 9755 SW PEMBROOK TIGARD,OR 97223 TIGARD,OR 97224 1 S 135AD-01302 151 35DA-02803 DAVIS EUGENE L ELLIS DANIEL& 10875 SW 89TH AVE ARACO-ELLIS PATRICIA TIGARD,OR 97223 11290 SW 90TH AVE TIGARD,OR 97223 Azi9i5 Joj a;eidwal asn W 1 SMUG Da01 u100wc W11965 Jase' • �e� ssaippy ®A213AV ®. 1 S 135AA-02801 1S12600-03000 EMMERT TERRY W GILE EDWARD S 11811 SE HWY 212 10040 SW 90TH CLACKAMAS,OR 97015 TIGARD,OR 97223 1 S 136CB-10700 1 S 135AA-06900 ESLINGER MALCOLM&SHARON LLC GILHAM ANGELA PMB 160 11575 SW PACIFIC HWY 8840 SW MAPLE CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 136CB-10800 1S12600-02007 ESLINGER MALCOLM&SHARON LLC GLENNEY ROBERT B PMB 160 11575 SW PACIFIC HWY 8725 SW CORAL ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AD-00200 1 S 135AA-02305 FARANCE MARGARET D TR GOLDADE MICHAEL E AND 1222 SW MAPLE CREST DR JANE A PORTLAND,OR 97219 8515 SW OAK TIGARD,OR 97223 1 S 135AA-01000 1 S 135AA-02300 FINEVIEW FARM LLC GOLDADE MICHAEL ELDON 1430 EASTSIDE RD 8515 SW OAK HOOD RIVER,OR 97031 TIGARD,OR 97223 1 S135AA-05500 1 S126DD-03300 FISH LAURI GOODWIN FRANK 0&CHARLENE 10277 SW 87TH AVE BY SHELTER MORTGAGE CO TIGARD,OR 97223 9900 SW GREENBURG RD PORTLAND,OR 97223 1S135AA-90010 1S135AA-90001 FLETCHER MARY K GRABER J RICHARD 10319 SW 87TH AVE 10301 SW 87TH TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-02802 1 S 135DA-00500 FREEDMAN STEPHEN H& GRAHAM DON G AND ARCHER CANDACE BROSSIA PAUL F 11300 SW 90TH AVE 11260 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-01600 1 S 136CB-00700 FRIES PATRICIA S GRAHAM DON G AND 10225 SW 85TH BROSSIA PAUL F TIGARD,OR 97223 11260 SW HALL BLVD TIGARD,OR 97223 1 S 135AA-01901 1 S 135AA-05300 GERIG WAYNE L&CANDICE M GRAY BRANDON K& 15430 SW BOBWHITE CIR GRAY MELISSA BEAVERTON,OR 97007 7871 SW KINGFISHER WAY DURHAM,OR 97224 nt9tc ao4 aleldwa3 asn W,siaauc oaaa uloowc wl196c JasEi • ,gel SSW ppy ®A213AV 1S13603-10900 1S1 36CC-00300 GROSHART JAY ROBERT&BETTY R HERBERHOLZ PAUL A&ANNA 8465 SW PFAFFLE 8400 SW PFAFFLE ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-02700 1 S 135AD-05400 H E PROPERTIES HERMANN HEIDI J M BY HARRIS ENTERPRISES INC 10780 SW SITKA CT 3077 NW ST HELENS RD TIGARD,OR 97223 PORTLAND,OR 97210 1 S 126D D-03001 1 S 135AA-03500 HALL GLADYS HILL RONALD A do HEINTZ SUSAN I 14980 SW 133RD AVE 10415 SW 72ND TIGARD,OR 97224 TIGARD,OR 97223 1 S 126DD-04100 1S 135AA-03707 HANKINS FRANCIS T HITCH DORIS 8768 SW CORAL ST 10387 SW 87TH AVE PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135AA-02202 1 S 135AA-90008 HARDING ROBERT B HOLLAND JEFFREY L& 4130 SW ALICE DAWN F PORTLAND,OR 97219 10315 SW 87TH AVE TIGARD,OR 97223 1 S 135AA-90002 1 S 135DD-01601 HAWLEY HAZEL M HOLMES SAMUEL M/JANET M 9055 SW 91ST AVE#7 12215 SW 33RD AVE PORTLAND,OR 97223 PORTLAND,OR 97219 1 S135AA-90009 1 S135DA-01300 HAWLEY HAZEL M HOLMES SAMUEL M/JANET M 9055 SW 91ST AVE#7 12215 SW 33RD AVE PORTLAND,OR 97223 PORTLAND,OR 97219 1 S 135AA-00301 1 S 135AA-90004 HAYZLETT MAXINE TR JACKSON 10307 SW 87TH 17015 SW ELDORADO DR LAND TRUST TIGARD,OR 97224 BY KARI M NASS TRUSTEE 13500 SW PACIFIC HWY STE 430 TIGARD,OR 97223 1 S 135AA-00802 1 S 135AA-05800 HERBERHOLZ LARRY S JIA WENYI 9620 SW 90TH AVE 8795 SW MAPLE CT PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135M-00803 1 S 135AA-06600 HERBERHOLZ LARRY S&CATHY D JOHNSON AARON J 9620 SW 90TH AVE 8810 SW MAPLE CT PORTLAND,OR 97223 TIGARD,OR 97223 �i915 iol aleidwal asst slaauc D994 uioowc W1t965 Jasei • Owl sse ppy ®A213AV 1S1261:0-02005 1 S 135DA-01401 JOHNSON DANIEL C&TERESA L KINDER-CARE LEARNING CNTRS INC 8765 SW CORAL ST ATTN:TAX DEPT PORTLAND,OR 97223 PO BOX 6760 PORTLAND,OR 97228 is 135AA-02900 1S 135AA-04300 JOHNSON ELIZABETH A KINDRICK ALFRED R 8520 SW OAK ST HATTIE M PORTLAND,OR 97223 10565 SW 85TH AVE PORTLAND,OR 97223 15126D0-90219 1S 135AA-03200 JOLLEY MICHAEL B KINDRICK ALFRED R/HATTIE M 10010 SW HALL BLVD#9 10565 SW 85TH TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AD-00900 1S 135DA-03500 JUVE ALICE SARAH L N PROPERTIES LLC 10655 SW HALL BLVD 11481 SW HALL BLVD STE 100 PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135AA-06000 1 S 135DA-01801 KABALIN KATHY J L N PROPERTIES LLC 8710 SW MAPLE CT 11481 SW HALL BLVD STE 100 TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DD-90124 1S 135AA-00804 KAMPP PROPERTY LLC LAI KHOAN VAN& 8695 SW REILING ST LE THU THI TIGARD,OR 97224 10161 SW JEFFERSON AVE TIGARD,OR 97223 1 S 135DA-02500 1S 135AA-90005 KAULUWAI CORPORATION LAIRD SHAWN W&LOUISE M 2445-A MAKIKI HEIGHTS DRIVE 10309 SW 87TH AVENUE HONOLULU,HI 96822 PORTLAND,OR 97223 1 S 135DA-03800 is 135AA-02201 KAULUWAI CORPORATION LANDER GENE C TR& 2445-A MAKIKI HEIGHTS DRIVE LANDER SHARON R TR HONOLULU,HI 96822 10375 SW 85TH AVE TIGARD,OR 97223 1 S 135DA-02402 1 S 126D D-01901 KAULUWAI CORPORATION LAPARNE BENJAMIN J &JUDITH& 2445-A MAKIKI HEIGHTS DRIVE DEWITT MICHAEL D&KERRY ANNE HONOLULU,HI 96822 BY L&D INVESTMENTS 10015 SW HALL BLVD TIGARD,OR 97223 1 S 135AA-03600 1 S 135AA-03800 KAY NICOLLE R& LASHAWAY JULIE A WIERMAN CHARLES C c/o FINCK DALE M&IDA LIFE ESTATE 10575 SW HALL BLVD 8875 SW OAK TIGARD,OR 97223 TIGARD,OR 97223 mi9iS 104 aieidwai asf w.1siaau5 paa i uioowc 11J965 1asel • ,gel ssaippy ®AU3AV ®.. is 1350A-04800 1 S 135AA-02303 LAURENCE RAYMOND S&CARRIE A MARKELL KIMBERLY D 8970 SW NORTH DAKOTA ST 10405 SW 85TH AVE TIGARD,OR 97223 TIGARD,OR 97223 is 126DD-02700 1 S 135AA-01701 LEDFORD VIRGINIA H TRUST THE MARTIN TERRANCE A&SANDRA H 1042 RANDOLPH RD 21135 SW KILLARNEY CT WOODBURN,OR 97071 TUALATIN,OR 97062 1 S 135AA-02302 1S 135AA-01700 LEE CARL M MARTIN TERRANCE A&SANDRA H 8505 SW OAK ST 21135 SW KILLARNEY CT TIGARD,OR 97223 TUALATIN,OR 97062 1 S 135DA-02401 1 S 135AA-01702 LEMUS MARIA H MARTIN TERRANCE A&SANDRA H 11075 SW HALL BLVD 21135 SW KILLARNEY CT TIGARD,OR 97223 TUALATIN,OR 97062 1 S 135AA-06800 1S 135AA-05600 LEVITSKY STAN A& MATHEWS SEAN LEVITSKY ALEXANDRIA 8753 SW MAPLE CT 8830 SW MAPLE CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-01600 1 S 126DD-02903 LONDAHL KRIS& MAZZUCA LOUISE C DEAL WARREN ET AL 10000 SW 90TH AVE BY LN PROPERTIES LLC PORTLAND,OR 97223 342 SUNCREST CT NW SALEM,OR 97304 1 S 135D0-03617 1S1 36CC-00400 LOOFBOUROW DONALD IVAN&MARY P MCGUIRE ROBERT J& 11410 SW LOMITA AVE MCGUIRE THOMAS P& PORTLAND,OR 97223 MCGUIRE WILLIAM A 8470 SW PFAFFLE ST TIGARD,OR 97223 1 S 135AA-02500 1 S 135DA-02801 LYON DONALD J HAZEL J MCTAGGART BRENT 10440 SW 87TH AVE PO BOX 231207 PORTLAND,OR 97223 TIGARD,OR 97281 1 S 135AD-05300 1 S 135AA-00102 MANDELL ANNA M TR METZGER PARK APARTMENTS INC 10775 SW SITKA CT BY FANNIE MAE PORTLAND,OR 97223 PO BOX 2614 PASADENA, CA 91102 1 S135AD-05200 1 S126DD-90000 MAR PAUL METZGER PARK CONDO 10735 SW SITKA CT UNIT OWNERS TIGARD,OR 97223 , 0 4,i9tS 101 aleldwal asn ....siaauc oaaJ u>toowc W1I965 iasei • eei SSW ppy ®AZ13AV 1 S 135AA-06500 1 S 135AD-01104 MILLER PAIGE OAKLEY DAVID R&DEANNA R 8800 SW MAPLE CT 8811 SW SPRUCE ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-00806 is 135DA-02000 MILLS MICHAEL E AND OBIE MEDIA CORP BEVERLY A 4211 W 11TH 10211 SW JEFFERSON EUGENE,OR 97402 TIGARD,OR 97223 1 S 126D D-90316 1 S 1350A-01500 MITKOV ROZA OREGON DEPT OF TRANSPORTATION 10010 SW HALL BLVD#6 RAN PROPERTY MANAGEMENT UNIT PORTLAND,OR 97223 RAIL DIVISION 555 13TH ST NE#3 SALEM,OR 97301 1 S 135AD-01100 1 S 135AD-01301 MOON BRETT A&SHERRIE A OREGON STAT OF DEPT OF VETS C-1 8807 SW SPRUCE do FOREIGN MISSION FOUNDATION TIGARD,OR 97223 10875 SW 89TH AVE TIGARD,OR 97223 1 S 135AA-00800 1 S 126DD-03400 NASH GORDON 0 AND PENNY J OREGON STATE OF DEPT OF VETS AF 10231 SW JEFFERSON do WALLOCH R B&JEANETTE C-03249 TIGARD,OR 97224 8890 SW CORAL PORTLAND,OR 97223 • 1 S135DA-01800 1S 135AD-01303 NEDELISKY MICHAEL J ORLAND LTD 25 82ND DR BY KENTON R BARNES GLADSTONE,OR 97027 222 SW COLUMBIA ST#1625 PORTLAND,OR 97201 1 S126DD-90321 1 S135DA-05000 NGUYEN AN C OSEI-AGYEMANG SIMON 10010 SW HALL BLVD UNIT 11 8950 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-90007 1 S 135AA-00901 NICKOLICH NAOMI R PACIFIC CREST PARTNERS INC 10313 SW 87TH AVE 1430 EASTSIDE RD TIGARD,OR 97223 HOOD RIVER,OR 97031 1 S 135AA-01900 1 S 135AA-06100 NYS STEVEN E&JANINE L PAZEOTOPOULOS LIZA M 10250 SW 87TH AVE 8720 SW MAPLE CT TIGARD,OR 97223 TIGARD,OR 97223 151 35AD-05500 1S 135DA-00200 O'FRIEL MICHAEL JOSEPH& PECK CHRISTOPHER D& ASHLEY REBECCA PECK RHONDA L 10760 SW SITKA CT 11120 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 „i9i5 Jot aieldwai asn w.siaauc Daa4 uioowc W1T965 Jasei • se, ssaippy ®AU3AV ®. 1S1 35DA-00100 1 S 135AA-03705 PECK WALTER D&ELIZABETH M ROMERO MERCEDES G AND PO BOX 23789 MOLINA MARTHA A PORTLAND,OR 97223 10385 SW 87TH AVE TIGARD,OR 97223 1 S 135AA-00200 1 S 135AA-03400 PERSEVERANCE LLC ROSE DOREEN C 4028 SW PATTON RD 10580 SW HALL BLVD PORTLAND,OR 97221 TIGARD,OR 97223 is 126D D-90327 1 S 135AA-00401 PETERSEN JEROME E ROWE SHIRLEY I 10010 SW HALL BLVD#17 WOOD JUDY TIGARD,OR 97223 1027 SW GROVER PORTLAND,OR 97201 1 S 135AA-02600 1 S 126DD-90214 PETERSON THEODORE S AND SADEGH TABRIZI M&LEILIA K DEAN VIRGINIA J 10010 SW HALL BLVD#4 8686 SW OAK TIGARD,OR 97223 TIGARD,OR 97223 1S12600-03800 1 S 126DD-90123 PILGER DENNIS F&ZOE A SALARI MOHSEN 17703 SW TREETOP WAY 10010 SW HALL BLVD#13 LAKE OSWEGO,OR 97034 PORTLAND,OR 97223 1S1 35AA-02200 1S1 35AA-06700 POLLOCK DONLAD E SANTEE JOHN R& 1834 SW 58TH#202 JUDY A PORTLAND,OR 97201 8820 SW MAPLE CT TIGARD,OR 97223 1 S 135AA-02100 1 S 126DD-90322 POLLOCK DONLAD E SAYRS FRANK C AND MARY V B 1834 SW 58TH#202 BOX 108 PORTLAND,OR 97201 MORO,OR 97039 1 S 135AA-03000 1 S 135DA-01100 RAINS KENNETH W&LEIGH ANN SCHAEFFER DONALD M 16258 SW JESSE CT MUNCH MICHAEL T BEAVERTON,OR 97007 PO BOX 23697 TIGARD,OR 97281 1 S 126DD-04000 1 S 126DD-90315 RALLISON STEPHEN J SCHWEINFEST WAYNE D 8776 SW CORAL ST 4925 SW JAMIESON RD#36 PORTLAND,OR 97223 BEAVERTON,OR 97005 1 S 126DD-02501 1 S 135AA-04900 RIDER BARBARA A SCOTT WALTER STEVE&TRACY 8875 SW CORAL ST 10211 SW 87TH AVE TIGARD,OR 97223 TIGARD,OR 97223 KAM ion aleidwa)asn w I siaauc Dana uioowc Wl196c Jasei • •e-i SSW pp/ ®AU3AV 151 35AA-90003 1 S 135AA-00400 SHERWOOD SYDNEY L SR TURNER CONSTUCTION LLC& 10305 SW 87TH TUCKER MARJORIE D TIGARD,OR 97223 PO BOX 25216 PORTLAND,OR 97225 1 S 126DD-90112 1 S 135AA-02000 SHMULEVSKY MARK&MARGARITA STAATS SANDRA LYNN 6023 SW ORCHID DR BY EPIC HOLDINGS LLC PORTLAND,OR 97219 PO BOX 20007 KEIZER,OR 97307 1512600-90220 1 S 135AD-00800 SHMULEVSKY MARK&MARGARITA STORMONT PATRICIA JO 6023 SW ORCHID DR 10685 SW 85TH AVENUE PORTLAND,OR 97219 TIGARD,OR 97223 1S12600-901 18 1 S 135AA-90006 SHMULEVSKY MARK&MARGARITA TAYLOR J EDWARD AND 6023 SW ORCHID DR NEWSOME-TAYLOR PHYLLIS M PORTLAND,OR 97219 PO BOX 230152 TIGARD,OR 97281 1 S135DA-04900 1 S135AA-01602 SHOOK TERRY&PAIGE TAYLOR RICHARD L&LINDA J 8960 SW NORTH DAKOTA ST 10245 SW 85TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-00305 1 S 135AA-04500 SILLS DONALD N ET AL TESTA FABIO J do SNEED PHIL&JOYCE 10525 SW 85TH AVE 10115 SW HALL PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135AD-00700 1S1 35AA-00701 SKINNER BRYAN K& TIGARD CITY OF MELISSA B 13125 SW HALL 10725 SW 85TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DD-90226 1 S 135AD-05800 SMEJTEK NADYA REV TRUST TRENT TERRACE OWNERS OF LOTS 1-6 BY NADYA SMEJTEK 16354 SW 130TH TER#74 TIGARD,OR 97223 1512600-01900 1 S 135AA-03300 SNEED PHILLIP F&JOYCE URCIEL GILBERT 10115 SW HALL 8609 SW PINE ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DD-03900 1 S 126DD-02006 SPEIGHT CATHERINE VALENTI KATHLEEN M&VINCE S 8800 SW CORAL ST 8745 SW CORAL TIGARD,OR 97223 TIGARD,OR 97223 mi9ic a3eldwa1 asrl w,siaauc Deal uioowc . W1t965 aasei • se, ssaippy ®A213AV 1 S 135AA-01500 1 S 135AA-00700 VALLASTER GARRY J WESTON JOSEPH E 711 SW ALDER-PENTHOUSE BY WESTON INVESTMENTS CO PORTLAND,OR 97205 2154 NE BROADWAY PORTLAND,OR 97232 1 S 135DA-04600 1S12600-901 11 VILLAGE AT WASHINGTON SQUARE WHITE KENNETH JAMES LIMITED PARTNERSHIP 29720 SW COURTSIDE DR#52 BY CPAH WILSONVILLE,OR 97070 PO BOX 23206 TIGARD,OR,97281 1 S 135AA-00805 1S 1 35AA-06200 VO VIEN T& WINBERG HELEN D NGUYEN CAM VAN 8730 SW MAPLE CT 10181 SW JEFFERSON ST TIGARD,OR 97223 TIGARD,OR 97223 1S1 35AD-00300 1S 135AA-07200 WALKER DOUGLAS B AND WINDWOOD CONSTRUCTION INC ROSEMARIE G 12655 SW NORTH DAKOTA ST 6880 SW 68TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AA-02800 1S1 35AA-07000 WALL GEORGE&PAMELA J WINDWOOD CONSTRUCTION INC 11620 SW BULL MT RD 12655 SW NORTH DAKOTA ST TIGARD,OR 97224 TIGARD,OR 97223 1 S 135AA-01601 1 S 135AA-07100 WALP MATT AND CINDY WINDWOOD CONSTRUCTION INC 10207 SW 85TH AVE 12655 SW NORTH DAKOTA ST PORTLAND,OR 97223 TIGARD,OR 97223 1S1 26DD-90213 1 S 135AA-04700 WALTERS BYRON C WINDWOOD CONSTRUCTION INC PO BOX 4973 12655 SW NORTH DAKOTA ST PORTLAND,OR 97208 TIGARD,OR 97223 1S1 35AA-00302 1 S 135AA-04400 WEGELE MICHAEL& WOLFF TERRY LEE&LISA KAY REGINE 10545 SW 85TH AVE 10015 SW HALL BLVD PORTLAND,OR 97223 PMB 202 TIGARD,OR 97223 1 S 135AA-00900 1 S 135AA-04600 WEINEL BRETT M YATES RONALD W 8950 SW LOCUST ST 10155 SW 87TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DD-03100 1 S 135AA-05200 WESTON INVESTMENT CO ZIMMERMAN DIANA L 2154 NE BROADWAY 10247 SW 87TH AVE PORTLAND,OR 97232 PORTLAND,OR 97223 „t t;Job aieldwai asn ....siaauc oaa4 u>toowc • • DATE: June 21, 2002 TO: Sylvia Makinster, Legals (fax)620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.)639-4171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the TIGARD CITY COUNCIL ON TUESDAY,JULY 23,2002, AT 1:30 P.M.at the Tigard Civic Center-Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. (Insert Map) TT PUBLISH DATE: JULY 4,2002 S . . AGENDA ITEM# FOR AGENDA OF July 23, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Mixed Use Residential Development Code Amendments PREPARED BY: Julia Hajduk DEPT HEAD OK //t/ ' "MGR OK€W171 * VA1"I ISSUE BEFORE THE COUNCIL Should the Development Code be amended to exempt properties that were zoned commercial prior to being zoned Mixed Use Residential 1 or 2 from being required to meet minimum residential density requirements in order to develop a commercial use? STAFF RECOMMENDATION Adopt the proposed exemption amendment by adopting the attached Ordinance. INFORMATION SUMMARY At the City Council hearing on February 26, 2002, implementing the Washington Square Regional Center Plan and Development Code amendments, testimony was received from a property owner of property zoned neighborhood commercial who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, it was felt that this issue should be looked at in more detail and staff was directed to provide additional information on the issue. A concern was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. It was determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, a proposed amendment to the development code was drafted which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The Planning Commission held a public hearing on the issue on June 17, 2002. Notice was provided to all affected property owners and those within 500 feet of the affected properties. No public testimony was received and, after deliberation,the Planning Commission voted unanimously to forward a recommendation of approval of the amendment to the City Council. OTHER ALTERNATIVES CONSIDERED 1. Do not adopt the proposed amendment. 2. Ask for revisions to the proposed exemptions. • • VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal#1, Strategy#5, "Address planning and growth issues associated with the Regional Center." ATTACHMENT LIST Attachment 1: Draft Ordinance Exhibit A: Staff Report Exhibit B: Proposed Development Code Amendments Exhibit C: Map of affected properties Attachment 2: Draft June 17th Planning Commission Minutes FISCAL NOTES N/A • • • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 02- AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE. WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997 and adopted and implemented in February 2002, and WHEREAS,there were several new zoning districts designated in the Regional Center including the Mixed Use Residential(MUR) 1 and 2 zoning designations; and WHEREAS, the MUR 1 and 2 zoning designations permit commercial uses only after the minimum residential density is met; and WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the Regional Center Plan and zoning; and WHEREAS, many of these properties have already been developed. with commercial uses which would become non-conforming, and other properties were vacant and the owners had plans to develop as commercial only uses; and WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create immediate non-conforming uses or add undue burden on property owners' ability to develop their property; and WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City would continue to comply with Metro's target capacity requirements; and WHEREAS, the properties would continue to be permitted and encouraged to develop with all residential or mixed use developments; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 6-17-02 and voted unanimously to recommend approval of the requested amendments to the City Council; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on 7-23-02 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, and #10; Metro functional Plan Titles 1 and 7; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 5.1 and 6.1.1; and Community Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff report(Exhibit A), ORDINANCE No. 02-_ Page 1 • • NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report (Exhibit A). SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the affected properties are shown in Exhibit C. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of , 2002. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of ,2002. James E. Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE No. 02-_ Page 2 • • EXHIBIT "A" PLANNING COMMISSION ,RECOMMENDATION:TO THE ,►.�� , • muniy t TIGARD CITY000NCIL C�om Development Shaping'A:,Better C mmunit. SECTION I. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment (ZOA) 2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers, if no residential use were constructed on these lots, is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. • Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400, 1 S 135AA-1900, 1 S 135AA-1901, 1 S 135AA-2000, 1 S 135AA-2500, 1 S 135AA-2600, 1 S135AA-2700, 1S135DA-2000, and 1 S135DA-1900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. SECTION II. RECOMMENDATION The. Planning Commission recommends that the City Council :AP PROVE .the.;requested .Zone, Ordinance"Amendment. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1 • • 0 EXHIBIT "A" SECTION III. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments was delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning Commission voted unanimously to forward a recommendation of approval to the City Council. 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: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 • • EXHIBIT "A" SECTION V. ANALYSIS A. 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 Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 —Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3 —Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is.not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT - PAGE 3 • • EXHIBIT "A" Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6—Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 7 — Natural Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 8— Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal #8. Conclusion: This goal is not applicable. Statewide Planning Goal 9 — Economic Development:. This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. PLANNING COMMISSION RECOMMENDATION AND FINDINGS. ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 • • EXHIBIT "A" Statewide Planning Goal 10 — Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remains the same. Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13 — Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 • • EXHIBIT "A" Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16— Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17—Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19— Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: The proposed amendment is in compliance with all applicable statewide land use goals as documented in the above analysis and conclusions. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 • • EXHIBIT "A" B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being out of compliance with its target capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT ' PAGE 7 • • EXHIBIT "A" residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. June 24, 2002 PREPAR BY: 4141,0-1 a Hajduk DATE Associate Planner rfre- SIGNED: Mark Padgett Planning Commission Chair DATE is Irpin\julia\zoa\rnur\zoa2002-00003PC recommendation.doc PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N' C-05 C-G C-P CBD MUE20 MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living N R° R" R13 R1' RG1 PGe P P P Group Living N N C N P N C R29/C Rty/C Rey/C Transitional Housing N N C N C N C C C C Home Occupation R2 R2 R2 R2 R2 R` P R2 R2 R2 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A R'U R'U P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R3U R'U R'U • Accessory Units N/A N/A N/A N/A N/A N/A N/A R3' R" R" Duplexes N/A N/A N/A N/A N/A N/A N/A R3° R'° P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C32 C" C32 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C3' Emergency Services P P P P P P P P .P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P • Religious Institutions C C P C P P C P � P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R14 P P P P P N m Eating and Drinking Establishments C P P R1b P P P P P R34"y = Entertainment-Oriented W - Major Event Entertainment N N C N C N C C N N li - Outdoor Entertainment N N P R15 P N N C N N CO' • - Indoor Entertainment P P P P P P P P P N - Adult Entertainment N N C N C N . N C N N ' General Retail • Proposed MUR-1 and MUR-2 code changes - Sales-Oriented P P7 P R1b P RL1 R2b P Rz2 834135 - Personal Services P P P P P R22 R25 P R22 R34/35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 N N N - Vehicle Fuel Sales C C C N C N C C C N Office P R9 P P P P P P P R34/35 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL • Industrial Services N N N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N N R24 R24 N R2 N Warehouse/Freight Movement N N N N N R24 N N RG3'24 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R23'24 N OTHER Agriculture/Horticulture N N N N N N N . • Cemeteries N N N N N N N Detention Facilities N N C N C N N • Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R27 Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes • • 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. $Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16May not exceed 10% of the total square footage within an office complex. "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed MUR-1 and MUR-2 code changes • • which property zoned for CBD development which shall be designated R-12 PD and shall. be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20A11 permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23A11 activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28All Permitted and.Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 331n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 34This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes • • met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400. 1S135AA-01400. 1S135AA-01900, 1 S 1 AA-01901, 1 S 135DA-02000, 1S1 35AA-02500. 1 S 135AA-02600. 1 S 135AA-02700, 1 S135DA-01900. and 1S1DA-02000. These parcels. or parcels created from these parcels. after the effective date of this ordinance. may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR—2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400. 1S135AA-01400. 1 S 135AA-01900, . 1 S 1 AA-01901. 1 S 135DA-02000. 1 S 135AA-02500, 1S1 35AA-02600. 1S135AA-02700. 1S135DA-01900. and 1S1DA-02000. On these parcels. or parcels created from these parcels, after the effective date of this ordinance. a commercial development is not limited to a specific square footage. however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. • Proposed MUR-1 and MUR-2 code changes EXHIBIT "C" AC UST ST L r .7-4 —�- C I T Y of T I G A R 0 ''^�� F" Q 6C 06R 6►MIC Ih COR NLTIOh LYLTfN r LpC U ST �- ---� �� ' '!1 Affected Prop. J v:IEIEAIST I '=Q. "� _ 1 _ MUR Code Amend Ammon ,N4k, IIII --\-- 7-1 v AP°1111 UADLEIEAr T..._.., N . in co 1j— t '1 .......___ YA . ' . 116., ST, ! OAK _ l ST • _ 1.. 1 i--[ iiPINE-ST _,+1 _ rr piNE. ST 1 _ 4 ___:._ 1 _ r , • Allidlit . I • 'SPRUCEST SPRUCE $T • ran 11 fi, r■rrailP :I ORN'ST:,�,. i........ri'-.. V.mailAill � r .. -dim • �� I: . ..� � . • r_� T 0 230 ego ea* ka O: .=42410« --� '' - d 4111,■.e.j,i,i . ado= WIN ST. T 111 (.„.(Il Ti Bird III '.. ..co F- .. war•.we co 015 Map Is ra 0=0141 lark=alV ana , _ » C - - 9�ouH be oaAllsc vAA Eye poyaiopMarc Savlaas pUSlan. EV 111255W•all Blw -- Tyiro,OR 47221 ,,, ` (561)614-6771_.„ II el 71 r 28,2002; C:�na icMAG IC03.APR • Plot date:Ap 9 Community.Development • Attachment. DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 17, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Munro, Scolar, Sutton, and Webb Commissioners Absent: Commissioners Buehner and Mores Staff Present: Julia Hajduk, Associate Planner; Dan Plaza, Parks Manager; Duane Roberts, Associate Planner; Jaimie Dumdi, Administrative Specialist; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Next meeting will be July 15th. • 4. PUBLIC HEARING 4.1 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were.zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Half Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning PLANNING COMMISSION MEETING MINUTES — June 17,2002 — Page 1 • • DRAFT Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. Testimony received at the City Council hearing raised concern that there are properties previously zoned commercial prior to adoption of the Regional Center Plan that would be negatively impacted by the new Mixed Use Residential zone designation. This amendment proposes an exemption for only those properties that were previously zoned commercial so that they do not have to meet the residential component in order to be developed commercially. While not required to build to the minimum residential density, they are encouraged to have a mixed used • development and must still meet all other Regional Center standards. Target capacity numbers will continue to be met and therefore staff recommends the Planning Commission forward a recommendation of approval to City Council. In response to inquiry from President Padgett, Ms. Hajduk clarified that this exemption applies only to properties that are now zoned mixed use residential but were previously zoned commercial, regardless of whether or not they are developed or vacant, i.e., parcels ready to be commercially developed as well as parcels already developed with commercial uses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Webb moved that, based upon the findings in the staff report, the Planning Commission recommend to the City Council to approve ZOA 2002- 00003. Commissioner Scolar seconded the motion. A voice vote was taken and the motion passed unanimously. 4.2 BONITA PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Bonita Park Master Plan (Exhibit A). This is a 5-acre site located on Milton Court off Bonita Road by 74th Avenue. Staff recommends the Planning Commission forward a recommendation of approval to City Council. The City Council will consider the plan at its next meeting on July 8, 2002. Discussion items: ➢ CDBG (Community Development Block Grants) provide funding for underprivileged areas. ➢ Staff is comfortable that public input has been satisfied. The site is small and contains wetland areas and a buffer zone along the creek that limit what can be developed on it. A picnic shelter may be added in the future. PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 2 • • DRAFT > The playground area will not be secluded by a ring of tall trees. Due to input from the Police Department, it may be moved further south than what is depicted in this plan in order to increase visibility. > The City Forester will develop the tree plan. ➢ A nice portable restroom facility will likely be installed. > Native landscaping, street lighting, and visibility will be emphasized. • > Milton Court has adequate parking on both sides. The other side of Milton Court is zoned commercial. > Through Metro, the City has use of 13 acres of green space to north. > Bike racks will be installed. > Nine-foot basketball rings are discouraged due to damage caused by dunking. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved that, based upon the presentation by staff, the Planning Commission recommend to the City Council to adopt the Bonita Park Master Plan, incorporating comments heard from the Planning Commission at this meeting. Commissioner Bienerth seconded the motion. A voice vote was taken and the motion passed unanimously. 4.3 SUMMERLAKE PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Summerlake Park Master Plan (Exhibit B). Discussion items: > There is a very active dog park committee and maintenance of grass in the dog and other areas is not anticipated to be a problem. The grass will likely. need to be restored after five years. Staff will check into whether there is a specific type of grass that would be more suitable for the dog area. > Development of the water areas will be reviewed by the City's risk department. The final plan will be reviewed by the City's insurer. > Native plantings and low or no irrigation is encouraged. > Construction of the project will be phased over two years, but the order in which specific areas are developed has not been prioritized. The playgrounds and picnic shelters are likely to be developed first. PLANNING COMMISSION MEETING MINUTES — June 17, 2002 — Page 3 • DRAFT PUBLIC TESTIMONY IN FAVOR Michael Cox, 16697 SW 108th Ave., Tigard, OR 97224 – is a dog owner and member of the dog park committee. The 8-person committee is very committed to maintenance of the park through volunteers. Park users will be encouraged keep dogs on-leash—use off-leash area. Numerous steps have been implemented to maintain cleanliness and park aesthetics. He supports the plan. Chris Garsteck, 11774 SW 125th Ct., Tigard, OR 97223 – lives in Summerlake Park area and member of the dog park committee. The City park master plan shows a need for three dog parks in Tigard. A survey at last year's balloon festival showed 90% of citizens are in favor of an off-leash dog park. She recommends approval of this plan with an off-leash dog park area. Dog Park volunteers are working with Susan Koepping to coordinate park maintenance efforts. Steven Topp, 12566 SW Bridgeview Ct., Tigard, OR 97223 – lives in Winterlake area—area residents are in favor of the park plan as proposed. A skateboard park is not suitable for this area. Michelle Sittel, 17085 SW Eldorado, Tigard, OR 97224 – member of dog park • committee –testified in support of the Summerlake Park Plan as proposed. Jonathan Male, 12910 SW Winter Lake Dr, Tigard, OR 97223 – signed up to speak, but chose not to. Christie Smith, 11320 SW Ambiance Ct., Tigard, OR 97223 – signed up to speak, but chose not to. Gene McAdams, 13420 SW Brittany, Tigard, OR 97223 – wants the record to show that the citizens who participated in development of this plan recommended against the skate park and the BMX facility. These facilities are not suitable to the nature of this park; the space required would diminish the beauty and benefits of the park. It would be helpful if the square footage of the maintenance building were specified. He recommends that the building blend into the park in a harmonious fashion. Endorses open space in the park. The Planning Commission noted that limited resources will ensure that the building will not be any larger than is necessary. PUBLIC TESTIMONY IN OPPOSITION None PUBLIC HEARING CLOSED Discussion items: > The Planning Commission endorses open spaces in the park. PLANNING COMMISSION MEETING MINUTES — June 17,2002 — Page 4 • • DRAFT > The off-leash dog area in front of the maintenance building will help to screen the building. A road on the west side of parking lot goes through the trees to access the facility. ➢ Use native plantings as much as possible. > Have some areas that have no or low irrigation needs. > Use a more hardy grass for the dog area. Commissioner Bienerth moved that, based upon the presentation by staff and testimony heard at this hearing, the Planning Commission recommend to the City Council to adopt the Summerlake Park Master Plan, incorporating comments heard at this meeting.. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:15 p.m. . Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett . PLANNING COMMISSION MEETING MINUTES —. June 17, 2002 — Page 5 • • • Agenda Item: LI I Hearing Date: June 17,2002 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION CRY TG OF TIGARD Community . FOR.THE CITY OF TIGARD OREGON n g A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet . minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers if no residential use were constructed on these lots is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard .on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional,Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S1,35AA-1400, 1S135AA-1900, 1S135AA-1901, 1S135AA-2000, 1S135AA-2500, 1S135AA-2600, 1 S135AA-2700, 1 S135DA-2000, and 1 S135DA-1900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7 SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward'a recommendation to the City Council to APPROVE the requested Zone Ordinance. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1 • a • SECTION III. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments were delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide. additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there were 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. 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: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 • • • SECTION V. ANALYSIS A. 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 Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3—Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands.. Conclusion: This goal is not applicable. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3 • • Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6 —Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 7 — Natural Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 8 — Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal #8. Conclusion: This goal is not applicable. Statewide Planning Goal 9 — Economic Development: This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 • • Statewide Planning Goal 10 — Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remain the same. • Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13 — Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to .maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 • • • Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16 — Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17 — Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19 — Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: The proposed amendment is in compliance with all applicable statewide land use goals as documented in the above analysis and conclusions. STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING • ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 • • B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being out of compliance with its target capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen'involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic • opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7 • • The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. 71711711AL June 10, 2002 PREPA D BY: is Hajduk DATE Associate Planner • Off . . June 10, 2002 APPROVED BY: Barbara Shields DATE Planning Manager is Irpin\julia\zoa\mur\zoa2002-00003staff report.doc STAFF REPORT TO THE PLANNING COMMISSION 6/17/2002 PUBLIC HEARING ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8 • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-■1 C-05 C-G C-P CBD MUE20 MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL • Household Living N R° R" R73 R" R21 P2b P P P Group Living N N C N P N C Rea/C Rte/C Res/C Transitional Housing N N C N C N C C C C Home Occupation . R2 R2 R2 R2 R2 R2 P R2 R2 R` HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A RU Rd° P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R3U R3U RU • Accessory Units N/A N/A N/A N/A N/A N/A N/A R31 R31 R31 Duplexes N/A N/A N/A N/A N/A N/A N/A RU R3° P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C32 C32 C32 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C33 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P C P P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R74 P P P P P N Eating and Drinking Establishments C P P Rib P P P P P R34'35 D Entertainment-Oriented ..?•.. - Major Event Entertainment N N C N C N C C N N a - Outdoor Entertainment N N P R15 P N N C N N n' - Indoor Entertainment P P P P P P P P P N 3 cp - Adult Entertainment N N C N C N N C N N a General Retail '.& Proposed MUR-1 and MUR-2 code changes - Sales-Oriented P PT P R1b P R2G R25 P R22 R34135 - Personal Services P P P P P R22 R25 P R22 R34'35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N R24 R24 N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 N N N - Vehicle F uel Sales C C C N C N C C C N Office P R8 P P P P P P P R34135 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P . P P P P P N INDUSTRIAL • Industrial Services N N N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N 'N - Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N .N N N Research and Development N N N N N R24 R24 N R23 N Warehouse/Freight Movement N N N N N R24 N N R23'24 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R23'24 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N III Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R2' Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C18 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted Proposed MUR-1 and MUR-2 code changes • • • 1AI1 permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 'Limited to motor vehicle cleaning only. 'When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 16Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with • commercial development on or above the second floor of the structure, only in the. C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed MUR-1 and MUR-2 code changes • • which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20All permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28All Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 30Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 331n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MUR-1 and MUR-2 code changes • • met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1 S 1 AA-01901, 1 S 135DA-02000, 1 S 135AA-02500, 1 S 135AA-02600, 1 S135AA-02700, 1 S135DA-01900, and 1 S1 DA-02000. These parcels, or parcels created from these parcels, after the effective date of this ordinance, may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR—2 zones. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the requirement the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S135AA-00400, 1 S135AA- 01400, 1 S 135AA-01900, , 1 S 1 AA-01901, 1S1 35DA-02000, 1S1 35AA-02500, 1S1 35AA-02600, 1 S135AA-02700, 1 S135DA-01900, and 1S1 DA-02000. On these parcels, or parcels created from these parcels, after the effective date of this ordinance, a commercial development is not limited to a specific square footage, however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. Proposed MUR-1 and MUR-2 code changes ( .--- - L:-"----M------•:..:-...,:,,,.•:;-.7, 1.4--.::=--&T----,---9•' .:-.:----1 " ...lz (71T1' OF TIGARD , \ o <()",•__---2,_ =',, ......., . 13125 S.W. Hall Blvd. ra .3 •k T i MAY23.02 10-V„,' 7-- U ApIcPA-51,L ci Tigard,Oregon 97223 --- 0 B PB METER , H.R.pospp,r, ci° _____--_, •, iPIZ`C‘63' "1.79 il-- '•-- . A .., c ez knest H,LLN HELE 0"dilte -) 1,,e.allOct3 '' 1 47 50 H ST •30 i___I ocitcv3"",7'Tolete 1 YLVA LA, E ‘----/ is,d•Ateci.:,T,■ac \ ,,A000 • •,,,k 3ss- 140, ,z..-•t• ZdteSS3 AB,CA • 1S7 1 1,9za u 0 patt3--- ema \ _ •AtSSt - 6.1.. .- - ,„:::4,1 1 . • . • . • • . . ' . Hi .ii i Jill Hi 44.iii7iirsidi*`.;::• 4i116. . 11-iiiilitsliiiiiiiitlisliiifilti4iimiiirillifiiiitintrinif • . . . . • • . . • .• • C . . ' . . . . . , . ... --- ( . -----,_ • -\'-- - ,....-- ----- — - - - __ ' _____ _ s,-- . 05/23/2002 10:41 5036203433 COMMUNITY NEWSPAPERS PAGE 01 . • •• • :COMMUNITY— • O L..�.r w...o.�.rr.win..ems...•1.e...7�/•�rs...�•w.an. s..∎0.. .T.....c...re�.,.r•Forts.•%mamt..•a...r.�.....•...�... CANIA awOVO,~10.11t.arsb vwar..r!r•O.eraftwas r�.s • COVER SHEET ATTN: • el914440061417.---- COMPANY_ FAX : We havc rc.=.ivcd your Public Notice infor:Zatson Re: i?ajC .ler t' '` 2-0/A 2- — °3 h i2 44264+44r-C°42- &--11 #1"11642 Paper(s): Publication Date(s): j� j �'�°� You will n�:ive a notarized affidavit. with tear sheet attached after the last publication date. Thank you for publishing with Community Newspapers, Inc., arid pleas= fc:.1 fr= to c_.1 if you havc questions. • Q _ / FROM: .5yLVi4 ,ebv 5 re.2 Le-6'4 Ls • PHONE: •S0 3- 0779FAX: 5n3 - 6Lo- 35'3 3 Date: 4-3j Time: 0 , No. Pages: ( (including cover) Please direct this transmittal. If you do'n t ecceive all pages, please call.Thank You. P.O. Box 370 -.Beaverton, OR 97075 _(503) 684-0360 • Fx (503) 620-3433 ®✓ ,,'fk Thy. .:t {!� {,. •:' ry T ..• 4:1 Yy hJ s, 1. y x �` .• • • • A ,z,,,,,,,, Cilly of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: that I am a Confidential Executive Assistant for The City of Tigard, Oregon. F1 That I served NOTICE OF PUBLIC HEARING FOR: (Check box above,if applicable} (check appropriate box below) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ® Tigard Planning Commission ❑ Tigard Hearings Officer ® Tigard City Council That I served NOTICE OF (AMENDED ) DECISION FOR: (Check box above,if applicable} City of Tigard Planning Director That I served NOTICE OF (AMENDED . ) FINAL ORDER FOR: (Check box above,if applicable) (check appropriate box below) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named persons at the addresses shown on the attached lists, marked Exhibit "B", on the 23' day of May, 2002, and deposit.. in the United States Mail on the 23rd day of May, 2002, postage prepaid. /4AO�c / ' Prep.:d Notice Su. 'abed and sworn/affirmed before me on the /g r day of -T'LA i P , 20 Oz.. . ...,--SL/Li-i-e-e.f.s-r mac_.-, �. • _ OFFl[IAL:..� NOTARY PUBLIC OF OREGON . , SHERD S.C My Commission Expires: 04 ,� NOTARY PUBLIC-c:REGoM v `;'J COMMISSION NO.32349 MY COMMISSION PRE s.;N`!?13,2003' • rr_a_ NOTICE TO MORTGAGEE,LIENHOLDER,VENR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY. JUNE 17, 2002. AT 7:00 PM AND CITY COUNCIL ON TUESDAY. JULY 23, 2002, AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO(S).: ZOA 2002-00003 FILE TITLE: MIXED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT CODE AMENDMENTS APPLICANT: City of Tigard OWNER: Various 13125 SW Hall Blvd Tigard, OR 97223 REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. • ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies REVIEW 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional CRITERIA: Plan Titles 1 and 7. The Planning Commission's review is for the purpose of making a recommendation to the City Council on this request. The City Council will also conduct a hearing on this request prior to making a decision on this request. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390 of the Community Development Code and rules of procedures adopted by the Tigard Planning Commission and available at City Hall. Assistive listening devices are available for persons with impaired hearing. The City will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request. Please call (503) 639-4171, ext. 323 (voice) or (503) 684-2772 (tdd - telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearing. Oral testimony may be presented at the public hearing. At the public hearing, the Planning Commission will the Ci tanner, o en the public hearing, and invite both oral and written receive a staff report presentation ty P p obtain additional testimony. The Planning Commission may continue the public hearing to another meeting to obt information or close the public hearing and take action on the application. If a person submits evidence in support to the application less than seven (7) days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing, any participant in the hearing may request that the record remain open for at least seven (7) days after the hearing. A request that the record remain open can be made only at the first evidentiary hearing (ORS 197.763(6): Included in this notice is a list of approval criteria applicable to the request from the Tigard Community Development Code and the Tigard Comprehensive Plan. Approval or disapproval of the request by the Planning Commission or City Council will be based upon these criteria and these criteria only. At the hearing, it is important that comments relating to the request pertain specifically to the applicable criteria listed. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the community development code or comprehensive plan at which a comment is directed precludes an appeal to the Land Use Board of Appeals based on that issue. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. At least seven (7) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or a copy can be obtained for twenty-five cents (254) per page, or the current rate charged for copies at the time of the request. For further information please contact the staff planner Julia Hajduk at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Map of Affected Properties for Mixed Use Residential Code Amendments: \ ;usT -- ST 7/ a a — on _ I - LOCUST - _ o PLELEAF ST - I,, 1 ¢\N - 1 X111111111 \ - . • y 4II1E. \ MAPLELEAF ■ ` NV 1111 •V ST OAK I 1111,. QM / ipi / ' . a ‘ _ _ PINE ST PINE 1111111111 _ SPRJCE ST I 1 .. ■� �■ B S' ui < \ Ind 61 ,•1161. TH R S - BIM S -•a,.. 111116 X71 RI NM r i M.., 111 IIIIIIIIII ME Ill Mg Rai ji It 11010111Iii11: 1 1.. =mum PIII ! ,. 1■ _. �� . 1 mac nnm/ L ■I■ CITY of TIGARD ■ �■��p�j O -�� GEOGRAPHIC INFORMATION SYSTEM ■ ■■1 m ��71' STS-■ ST A REA NOTIFIED �D■� ` I' I I I ' S ■- III l I (500')..ate■■:,. �.._ s ■ _ 1IIIflhI : — — - W nil 1■; 1 I:■■1� LOCUST ST �� 7 ■G 1■■■■■ ■II � -- •_• LOCUST _ _ lljbll A ■11 FOR.ma cP ELEAF S q NN �uunn� \� ��■ ■ ■■L / . LELEAF RE: sr ..,Hall m I MI- 11111.1.1111 MI 4 hJuriiiit ' owner information �■ ■ MI -K'Ui ' is IIi� X11..•=amp, Property owne, inns :aria is valid for 3 months from 4.1 t Pt■ ■ 1 f 1111111'1:1111 IIL the date printed on this map. lei: ivilnu x'11111 ■ . 1 Alin 111111; 11111 ii1;ii 1116 ■ ■I Re 1.11411"111111,11411 M PM 11111 11111111.4111110. mil MIMI 111 Alli 111110 iii im■■r • ow low u> tivEMINNOMPI ME _1.1 III N 7 . �, If ill e .�. .. - ..■ MOM ■ �■�� I■ X11 ■■ �, 0 400 800 Feet ,1111 IIIIA 11 M11111k �� 2 =-m= -ii: : �■ - , - r r- ■-. A. .--m 1 607 feet ::I::i.itia<�- Mg.las m•-7-9111\ `.AN. Ii Ui i ii Inn as Tri . ■ • FLE ,. ■ <- _ , onl and Information on this map is for general location y:11 should be verified wilh the Development Services Division. NI '¢.— -- 13125 SW Hall Blvd GRFF 'BUR ,� �. .— --Q Tigard,OR 97223 503)639-4171 111 ■• - i-~-- hltp:Aw w.ci.tigard.ocus r Plot date:Apr 26,2002;C:\magic\MAGIC03.APR Community Development 1S135DA-05100 • 1S1350A-00400 • 2000-014 PARTITION PLAT BERGMANN KENNETH&DONNA OWNERS OF LOTS 2-3 10726 SW 63RD 2993 N CANYON RD PORTLAND,OR 97219 PROVO,UT 84604 1 S135DA-02202 1 S 135DA-00300 ALANDER BONNIE R/NORMAN E BERGMANN KENNETH L AND PO BOX 2619 DONNA J WHITE CITY,OR 97503 10726 SW 63RD PLACE PORTLAND,OR 97219 1 S 135DA-02200 1S 135AA-01400 ALANDER BONNIE R/NORMAN E BESLEY PROPERTIES INC PO BOX 2619 7889 SW BIRDS HILLS CT WHITE CITY,OR 97503 PORTLAND,OR 97223 1 S 126D D-90328 1 S 135DD-03618 ALKEKHIA MAJD BRADFORD GARY TR 16139 SW ROSHAK RD 305 E FIFTH TIGARD,OR 97223 THE DALLES,OR 97058 1 S135AA-02304 1S135DA-01400 ALLEN MARILYN L BRAHMA PREMANANDA ASHRAM 8525 SW OAK ST 11515 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 1S135AA-01200 1S135DA-03503 ALLISON M DEAN&DOROTHY D BRAHMAPREMANANDA ASHRAMA c/o ALLISON ANNETTE C 11515 SW HALL BLVD 8870 SW MAPLELEAF ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AA-05900 1S 135AA-03703 ANTARES GRACE BRANDT WALDO G&PEARL E 8811 SW MAPLE CT 8835 SW OAK ST TIGARD,OR 97223 PORTLAND,OR 97223 1S126DD-90225 1S135DA-01700 ARCHITECT TED N&KIMBERLY S TR BRAZIL CLARENCE E&MARY JEAN 9805 NE SHAVER BY LN PROPERTIES LLC MAYWOOD PARK,OR 97220 342 SUNCREST CT NW SALEM,OR 97304 1 S135AA-03900 1S135DA-00700 BAYARD MICHEL L& BROSSIA PAUL F AND TROWT TOBY ELLEN GRAHAM DON G 20555 BOWERY LN 300 4TH ST BEND,OR 97701 LAKE OSWEGO, OR 97034 1 S136CB-00890 1 S135AA-00905 BECKHAM PAUL D AND DEBORAH R BROWN JAMES F& 8485 SW PFAFFLE HENDERSON-BROWN CHERYL L TIGARD,OR 97223 10200 SW 90TH AVE TIGARD,OR 97223 1S135DA-02100 • 1S126D0-04300 • BROWN MARGARET ANN CHRISTENSEN CONSTRUCTION NW LLC 19065 SW JOHNSON AVE 16952 NW BERNIETTA CT ALOHA,OR 97006 PORTLAND,OR 97229 1S1350A-01900 1S126DD-04200 BROWN MARGARET ANN CHRISTENSEN CONSTRUCTION NW LLC 19065 SW JOHNSON AVE 16952 NW BERNIETTA CT ALOHA,OR 97006 PORTLAND,OR 97229 1 S135AA-05700 1S126DD-04500 BUTORI EUGENE F&VIRGINIA A CHRISTENSEN CONSTRUCTION NW LLC 7645 SW CEDAR ST 16952 NW BERNIETTA CT PORTLAND,OR 97225 PORTLAND,OR 97229 1 S 135AA-02400 1 S 126D D-04100 CAIN JAMES L&DARLENE L CHRISTENSEN CONSTRUCTION NW LLC 27775 NW WILLIAMS CANYON RD 16952 NW BERNIETTA CT GASTON,OR 97119 PORTLAND,OR 97229 1 S126DD-90310 1S126DD-04000 CALLAHAN STEPHEN P CHRISTENSEN CONSTRUCTION NW LLC 10000 SW HALL BLVD#10 16952 NW BERNIETTA CT TIGARD,OR 97223 PORTLAND,OR 97229 1 S126DD-90226 1 S135AA-03701 CARVER GREGORY A AND CHRISTENSEN JACK L AND NANCY S MARILEE K 8805 SW OAK ST 10010 SW HALL BLVD#16 TIGARD,OR 97223 TIGARD,OR 97223 1 S135AA-05100 1S126DD-03500 CASANOVA CARL CHRISTENSEN ROBERT J 10233 SW 87TH LELA R TIGARD,OR 97223 8870 SW CORAL TIGARD,OR 97223 1 S 135AA-01800 1 S 126DD-02000 CHAVEZ HELEN W COURT HOLLIS H& 8407 SW LOCUST COURT MARTHA L PORTLAND,OR 97223 8780 SW LEHMAN ST TIGARD,OR 97223 1 S 135AA-03901 151260D-03002 CHEPIN JOHN CRABTREE DENNIS J AND 8911 SW OAK ST BEVERLY J TIGARD,OR 97223 10020 SW 90TH AVE TIGARD,OR 97223 1 S 126DD-04400 1 S 135AA-03702 CHRISTENSEN CONSTRUCTION NW LLC CULLINAN RANDY J AND 16952 NW BERNIETTA CT KRISTINA G PORTLAND,OR 97229 8775 SW OAK STREET TIGARD,OR 97223 1S135AA-06300 • 1S126DD-90117 • DAGGETT KATHLEEN K EASTON WILLIAM J 1960 MAPLELEAF DR 9755 SW PEMBROOK LAKE OSWEGO,OR 97034 TIGARD,OR 97224 1 S 135DA-01000 1 S 135DA-02803 DALTON DAVID L ELLIS DANIEL& 8530 SW PFAFFLE RD ARACO-ELLIS PATRICIA TIGARD,OR 97223 11290 SW 90TH AVE TIGARD,OR 97223 1 S135DA-01200 1 S135AA-02801 DALTON DAVID L EMMERT TERRY W 8530 SW PFAFFLE RD 11811 SE HWY 212 TIGARD,OR 97223 CLACKAMAS,OR 97015 1 S135AD-01302 1S136CB-10800 DAVIS EUGENE L ESLINGER BUILDERS 10875 SW 89TH AVE 11575 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1 S135AD-01300 1S136CB-10700 DAVIS EUGENE L&VIVIAN M ESLINGER BUILDERS 10875 SW 89TH AVE 11575 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AD-01200 1 S 135AA-01000 DAVIS EUGENE L&VIVIAN M FINEVIEW FARM LLC 10875 SW 89TH AVE 1430 EASTSIDE RD TIGARD,OR 97223 HOOD RIVER,OR 97031 1 S 135AA-03201 1 S 135AA-05500 DAVIS MICHAEL A AND FISH LAURI LAURI L 10277 SW 87TH AVE 8535 SW PINE TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AA-03704 1 S 135AA-90010 DE MOULIN STEVE& FLETCHER MARY K LINN MARGARET 10319 SW 87TH AVE 10455 SW 87TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1S1 35AA-03700 1 S 135DA-02802 DEMOULIN STEVE& FREEDMAN STEPHEN H& LINN MARGARET ARCHER CANDACE 10455 SW 87TH AVE 11300 SW 90TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S135AA-90000 1S135AA-01600 DEODAR CONDOMINIUMS FRIES PATRICIA S OWNERS OF UNITS 10225 SW 85TH , 00000 TIGARD,OR 97223 1 S 135AA-01901 • 1S 135AA-05300 • GERIG WAYNE L&CANDICE M GRAY BRANDON K& 15430 SW BOBWHITE CIR GRAY MELISSA BEAVERTON,OR 97007 7871 SW KINGFISHER WAY DURHAM,OR 97224 1 S 126DD-03000 1 S 136CB-10900 GILE EDWARD S GROSHART JAY ROBERT&BETTY R 10040 SW 90TH 8465 SW PFAFFLE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-06900 1 S 135AA-02700 GILHAM ANGELA H E PROPERTIES 8840 SW MAPLE CT BY HARRIS ENTERPRISES INC TIGARD,OR 97223 3077 NW ST HELENS RD PORTLAND,OR 97210 1S126DD-02007 1S126DD-03001 GLENNEY ROBERT B HALL GLADYS 8725 SW CORAL ST do HEINTZ TIMOTHY J&SUSAN I TIGARD,OR 97223 10415 SW 72ND TIGARD,OR 97224 1S135AA-02305 1S135AA-02202 GOLDADE MICHAEL E AND HARDING ROBERT B JANE A 4130 SW ALICE 8515 SW OAK PORTLAND,OR 97219 TIGARD,OR 97223 1S1 35AA-02300 1S1 35AA-90009 GOLDADE MICHAEL ELDON HAWLEY HAZEL M 8515 SW OAK 9055 SW 91ST AVE#7 • TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126D D-03300 1 S 135AA-90002 GOODWIN FRANK 0&CHARLENE HAWLEY HAZEL M BY SHELTER MORTGAGE CO 9055 SW 91ST AVE#7 9900 SW GREENBURG RD PORTLAND,OR 97223 PORTLAND,OR 97223 1S1 35AA-90001 1 S 135AA-00301 GRABER J RICHARD HAYZLETT MAXINE TR 10301 SW 87TH 17015 SW ELDORADO DR TIGARD,OR 97223 TIGARD,OR 97224 1 S 135DA-00500 1 S 135AA-00802 GRAHAM DON G AND HERBERHOLZ LARRY S BROSSIA PAUL F 9620 SW 90TH AVE 11260 SW HALL BLVD PORTLAND,OR 97223 TIGARD,OR 97223 • 1S1 36CB-00700 1 S 135AA-00803 GRAHAM DON G AND HERBERHOLZ LARRY S&CATHY D BROSSIA PAUL F 9620 SW 90TH AVE 11260 SW HALL BLVD PORTLAND,OR 97223 TIGARD,OR 97223 1S136CC-00300 • 1S1260D-90219 • HERBERHOLZ PAUL A&ANNA JOLLEY MICHAEL B 8400 SW PFAFFLE ST 10010 SW HALL BLVD#9 TIGARD,OR 97223 TIGARD,OR 97223 1S135AA-03500 1S135AD-00900 HILL RONALD A JUVE ALICE SARAH 14980 SW 133RD AVE - 10655 SW HALL BLVD TIGARD,OR 97224 PORTLAND,OR 97223 1S126DD-90213 1S135AA-06000 HILMAN HELEN E KABALIN KATHY J 4747 50TH ST#303 8710 SW MAPLE CT SYLVAN LAKE TIGARD,OR 97223 Aft CA T4S1S7 1S135AA-03707 1S126DD-90124 HITCH DORIS KAMPP PROPERTY LLC 10387 SW 87TH AVE 8695 SW REILING ST TIGARD,OR 97223 TIGARD,OR 97224 1 S 135DD-01601 1 S 135DA-03800 HOLMES SAMUEL M/JANET M KAULUWAI CORPORATION 12215 SW 33RD AVE 2445-A MAKIKI HEIGHTS DRIVE PORTLAND,OR 97219 HONOLULU, HI 96822 1 S 135DA-01300 1 S 135DA-02402 HOLMES SAMUEL M/JANET M KAULUWAI CORPORATION 12215 SW 33RD AVE 2445-A MAKIKI HEIGHTS DRIVE PORTLAND,OR 97219 HONOLULU,HI 96822 1S135AA-90004 1S135DA-02500 JACKSON KRYSTAL L KAULUWAI CORPORATION 10307 SW 87TH AVE 2445-A MAKIKI HEIGHTS DRIVE TIGARD,OR 97223 HONOLULU,HI 96822 1 S 135AA-05800 1S 135AA-03600 JIA WENYI KAY NICOLLE R& 8795 SW MAPLE CT WIERMAN CHARLES C TIGARD,OR 97223 10575 SW HALL BLVD TIGARD,OR 97223 1 S 126DD-02005 1 S 135DA-01401 JOHNSON DANIEL C&TERESA L KINDER-CARE LEARNING CNTRS INC 8765 SW CORAL ST ATTN:TAX DEPT PORTLAND,OR 97223 PO BOX 6760 PORTLAND,OR 97228 1 S 135AA-02900 1 S 135AA-04300 JOHNSON ELIZABETH A KINDRICK ALFRED R 8520 SW OAK ST HATTIE M PORTLAND,OR 97223 10565 SW 85TH AVE PORTLAND,OR 97223 • 1 135DA-03500 • S 1S135DA-02401 • L N PROPERTIES LLC LEMUS MARIA H 11481 SW HALL BLVD STE 100 11075 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-01801 1S 135AA-06800 L N PROPERTIES LLC LEVITSKY STAN A& 11481 SW HALL BLVD STE 100 LEVITSKY ALEXANDRIA TIGARD,OR 97223 8830 SW MAPLE CT TIGARD,OR 97223 1 S 135AA-00804 1 S 135DA-01600 LAI KHOAN VAN& LONDAHL KRIS& LE THU THI DEAL WARREN ET AL 10161 SW JEFFERSON AVE BY LN PROPERTIES LLC TIGARD,OR 97223 342 SUNCREST CT NW SALEM,OR 97304 1 S 135AA-90005 1 S 135D D-03617 LAIRD SHAWN W&LOUISE M LOOFBOUROW DONALD IVAN&MARY P 10309 SW 87TH AVENUE 11410 SW LOMITA AVE PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 135AA-02201 1 S 135AA-02500 LANDER GENE C TR& LYON DONALD J HAZEL J LANDER SHARON R TR 10440 SW 87TH AVE 10375 SW 85TH AVE PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135DA-04800 1 S 135AA-02303 LANDRISE DEVELOMENT LTD MARKELL KIMBERLY D PO BOX 1212 10405 SW 85TH AVE LAKE OSWEGO,OR 97035 TIGARD,OR 97223 1 S126DD-01901 1 S 126DD-02903 LAPARNE BENJAMIN J&JUDITH& MAZZUCA LOUISE C DEWITT MICHAEL D&KERRY ANNE 10000 SW 90TH AVE BY L&D INVESTMENTS PORTLAND,OR 97223 10015 SW HALL BLVD TIGARD,OR 97223 1 S 135AA-03800 1 S 136CC-00400 LASHAWAY JULIE A MCGUIRE ROBERT J & c/o FINCK DALE M&IDA LIFE ESTATE MCGUIRE THOMAS P& • 8875 SW OAK MCGUIRE WILLIAM A TIGARD,OR 97223 8470 SW PFAFFLE ST TIGARD,OR 97223 1 S 126DD-02700 1 S135DA-02801 LEDFORD VIRGINIA H TRUST THE MCTAGGART BRENT 1042 RANDOLPH RD PO BOX 231207 WOODBURN,OR 97071 TIGARD,OR 97281 1 S 135AA-02302 1 S 135AA-00102 LEE CARL M METZGER PARK APARTMENTS INC 8505 SW OAK ST BY FANNIE MAE TIGARD,OR 97223 PO BOX 2614 PASADENA,CA 91102 1S126DD-90000 • 1S126DD-90316 • METZGER PARK CONDO OPPENHEIM ROGER E& UNIT OWNERS NATIALIE E TRS BY SCHRIEVER F H ET AL 2 CORONADO SHORES 8959 SW BARBUR BLVD LINCOLN CITY,OR 97367 PORTLAND,OR 97219 1 S 135AA-06500 1 S 126DD-03100 MILLER PAIGE OREGON COMMUNITY FOUNDATION THE 8800 SW MAPLE CT BY WESTON INVEST CO TIGARD,OR 97223 2154 NE BROADWAY PORTLAND,OR 97232 1 S 135AA-00806 1 S 135DA-01500 MILLS MICHAEL E AND OREGON DEPT OF TRANSPORTATION BEVERLY A R/W PROPERTY MANAGEMENT UNIT 10211 SW JEFFERSON 355 CAPITAL ST NE RM 411 TIGARD,OR 97223 SALEM,OR 97301 1 S 135AA-90008 1 S 135AD-01301 MORGAN DEANNA F OREGON STAT OF DEPT OF VETS C-1 10315 SW 87TH AVE do FOREIGN MISSION FOUNDATION TIGARD,OR 97223 10875 SW 89TH AVE TIGARD,OR 97223 1 S 135AA-00800 1 S 126D D-03400 NASH GORDON 0 AND PENNY J OREGON STATE OF DEPT OF VETS AF 10231 SW JEFFERSON do WALLOCH R B&JEANETTE C-03249 TIGARD,OR 97224 8890 SW CORAL PORTLAND,OR 97223 1 S 135DA-01800 1 S135AD-01303 NEDELISKY MICHAEL J ORLAND LTD 25 82ND DR BY KENTON R BARNES GLADSTONE,OR 97027 222 SW COLUMBIA ST#1625 PORTLAND,OR 97201 1 S126DD-90321 1S135DA-05000 NGUYEN AN C OSEI-AGYEMANG SIMON 10010 SW HALL BLVD UNIT 11 8950 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-90007 1 S 135AA-00901 NICKOLICH NAOMI R PACIFIC CREST PARTNERS INC 10313 SW 87TH AVE 1430 EASTSIDE RD TIGARD,OR 97223 HOOD RIVER,OR 97031 1 S 135AA-01900 1 S 135AA-06100 NYS STEVEN E&JANINE L PAZEOTOPOULOS LIZA M 10250 SW 87TH AVE 8720 SW MAPLE CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-02000 1 S 135DA-00200 OBIE MEDIA CORP PECK CHRISTOPHER D& 4211 W 11TH PECK RHONDA L EUGENE,OR 97402 11120 SW HALL BLVD TIGARD,OR 97223 1S135DA-00100 • 1S135AA-03400 • PECK WALTER D&ELIZABETH M ROSE DOREEN C PO BOX 23789 10580 SW HALL BLVD PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135AA-00200 1 S 135AA-00401 PERSEVERANCE LLC ROWE SHIRLEY I 4028 SW PATTON RD WOOD JUDY PORTLAND,OR 97221 1027 SW GROVER PORTLAND,OR 97201 1 S 126DD-90327 1 S 126DD-90214 PETERSEN JEROME E SADEGH TABRIZI M&LEILIA K 10010 SW HALL BLVD#17 10010 SW HALL BLVD#4 TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-02600 1 S 126DD-90123 PETERSON THEODORE S AND SALARI MOHSEN DEAN VIRGINIA J 10010 SW HALL BLVD#13 8686 SW OAK PORTLAND,OR 97223 TIGARD,OR 97223 is 126DD-03800 1 S 126 D D-90322 PILGER DENNIS F&ZOE A SAYRS FRANK C AND MARY V B 17703 SW TREETOP WAY BOX 108 LAKE OSWEGO,OR 97034 MORO,OR 97039 1 S 135AA-02100 1 S 135DA-01100 POLLOCK DONLAD E SCHAEFFER DONALD M 1834 SW 58TH#202 MUNCH MICHAEL T PORTLAND,OR 97201 PO BOX 23697 TIGARD,OR 97281 1 S 135AA-02200 1 S 126DD-90315 POLLOCK DONLAD E SCHWEINFEST WAYNE D 1834 SW 58TH#202 4925 SW JAMIESON RD#36 PORTLAND,OR 97201 BEAVERTON,OR 97005 1 S 135AA-03000 1 S 135AA-90003 RAINS KENNETH W&LEIGH ANN SHERWOOD SYDNEY L 16258 SW JESSE CT 10305 SW 87TH BEAVERTON,OR 97007 TIGARD,OR 97223 1 S126DD-02501 1 S 126DD-90220 RIDER BARBARA A SHMULEVSKY MARK&MARGARITA 8875 SW CORAL ST 6023 SW ORCHID DR TIGARD,OR 97223 PORTLAND,OR 97219 1 S 135AA-03705 1 S 126DD-90112 ROMERO MERCEDES G AND SHMULEVSKY MARK&MARGARITA MOLINA MARTHA A 6023 SW ORCHID DR 10385 SW 87TH AVE PORTLAND,OR 97219 TIGARD,OR 97223 1S126DD-90118 • 1S135AA-01602 • SHMULEVSKY MARK&MARGARITA TAYLOR RICHARD L&LINDA J 6023 SW ORCHID DR 10245 SW 85TH AVE PORTLAND,OR 97219 TIGARD,OR 97223 1 S135AA-00305 1 S135AA-04500 SILLS DONALD N ET AL TESTA FABIO J • Go SNEED PHIL&JOYCE 10525 SW 85TH AVE 10115 SW HALL PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DD-01900 1 S 135AA-00701 SNEED PHILLIP F&JOYCE TIGARD CITY OF 10115 SW HALL • 13125 SW HALL TIGARD,OR 97223 TIGARD,OR 97223 1S 126DD-03900 1S1 35AA-03300 SPEIGHT CATHERINE URCIEL GILBERT 8800 SW CORAL ST 8609 SW PINE ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AA-00400 1 S 126DD-02006 SR TURNER CONSTUCTION LLC& VALENTI KATHLEEN M&VINCE S TUCKER MARJORIE D 8745 SW CORAL PO BOX 25216 TIGARD,OR 97223 PORTLAND,OR 97225 1 S 135AA-02000 1 S 135AA-01500 STAATS SANDRA LYNN VALLASTER GARRY J PO BOX 20007 711 SW ALDER-PENTHOUSE KEIZER,OR 97307 PORTLAND,OR 97205 1S1 35AA-01700 1 S 135DA-04600 SZALVAY LASZLO&IREN VILLAGE AT WASHINGTON SQUARE 14550 SW HAZELTREE TER LIMITED PARTNERSHIP TIGARD,OR 97224 BY CPAH 12750 SW PACIFIC HWY STE 118 TIGARD,OR 97223 1 S 135AA-01701 1S 135AA-00805 SZALVAY LASZLO&IREN VO VIEN T& 14550 SW HAZELTREE TER NGUYEN CAM VAN TIGARD,OR 97224 10181 SW JEFFERSON ST TIGARD,OR 97223 1S 135AA-01702 1 S 135AA-02800 SZALVAY LASZLO&IREN WALL GEORGE&PAMELA J 14550 SW HAZELTREE TER 11620 SW BULL MT RD TIGARD,OR 97224 TIGARD,OR 97224 1 S 135AA-90006 1 S 135AA-01601 TAYLOR J EDWARD AND WALP MATT AND CINDY NEWSOME-TAYLOR PHYLLIS M 10207 SW 85TH AVE PO BOX 230152 PORTLAND,OR 97223 TIGARD,OR 97281 1S135AA-00302 • 1S135AA-07100 • WEGELE MICHAEL& WINDWOOD CONSTRUCTION INC REGINE 12655 SW NORTH DAKOTA ST ' 10015 SW HALL BLVD TIGARD,OR 97223 PMB 202 TIGARD,OR 97223 1 S 135AA-00900 1 S 135AA-05400 WEINEL BRETT M WINDWOOD CONSTRUCTION INC 8950 SW LOCUST ST 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-04900 1 S 135AA-05600 WELLS WILLIAM& WINDWOOD CONSTRUCTION INC WELLS DENISE 12655 SW NORTH DAKOTA ST 8960 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-00700 1 S 135AA-04900 WESTON JOSEPH E WINDWOOD CONSTRUCTION INC BY WESTON INVESTMENTS CO 12655 SW NORTH DAKOTA ST 2154 NE BROADWAY TIGARD,OR 97223 PORTLAND,OR 97232 1S126DD-90111 1S135AA-04800 WHITE KENNETH JAMES WINDWOOD CONSTRUCTION INC 29720 SW COURTSIDE DR#52 12655 SW NORTH DAKOTA ST WILSONVILLE,OR 97070 TIGARD,OR 97223 1 S 135AA-06200 1 S 135AA-04700 WINBERG HELEN D WINDWOOD CONSTRUCTION INC 8730 SW MAPLE CT 12655 SW NORTH DAKOTA ST • TIGARD,OR 97223 TIGARD,OR 97223 • 1 S 135AA-06400 1S1 35AA-07200 WINDWOOD CONSTRUCTION INC WINDWOOD CONSTRUCTION INC 12655 SW NORTH DAKOTA ST 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-07000 1 S 135AA-05000 WINDWOOD CONSTRUCTION INC WINDWOOD CONSTRUCTION INC 12655 SW NORTH DAKOTA ST 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S 135AA-06600 1 S 135AA-04400 WINDWOOD CONSTRUCTION INC WOLFF TERRY LEE&LISA KAY 12655 SW NORTH DAKOTA ST 10545 SW 85TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 • 1 S 135AA-06700 1 S 135AA-04600 WINDWOOD CONSTRUCTION INC YATES RONALD W 12655 SW NORTH DAKOTA ST 10155 SW 87TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-05200 • • ZIMMERMAN DIANA L 10247 SW 87TH AVE PORTLAND,OR 97223 • • • An CITY OF TIGARD Community Development Shaping A Better Community DATE: May 22, 2002 TO: Sylvia Makinster, Legals Section/Community Newspapers (Fax)620-3433 FROM: Jerree Gaynor, City of Tigard Planning Division (Phone)639-4171 PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES NEWSPAPER,THE FOLLOWING: The following will be considered by the TIGARD PLANNING COMMISSION on MONDAY,JUNE 11,2002,at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of ORS 197,763, ORS 227.175, Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to allow the hearings authority and all the parties to respond on the request, precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC NOTICE ITEM: ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. (Insert Map) TT PUBLISH DATE: May 30,2002 --..... L w > CITY of TIGARD .00UST \ ST ` > ¢� — . .=. �`` ` ' 1 GEOGRAPHIC INFORMATION SYSTEM LOCUST , f■ \` o O ��= = \\ m( Affected Prop. MAPLELEAF ST Lj�� ' 1Q `�� I MUR Code Amend ■ �,' ��'�� MAPLELEAF ST ■■►r 1 � _ ■ IIlI4dLIIIu. ST I. L OAK ST 110 ___ -7) •,:;K S i L r _PINE T P/INE I- j T I 1 SPRUCE ST' g J SPRUCE ST ),LU I � Y • ■ THORN S ='1111111 I / ihi I 2- › > O _ • Go aol I�—J—�' N STEVE I L l 0 200 400 600 Feet �: ■ Y ( 1"=429feet 1 ■ ■■�■11151111P911.11111■ : ,: = I ` 0 z City of�Tig rd .MN,Mill■ ■• lithh, W N �� Information on this map is for general location only and \ D should be verified with the Development Services Division. >111‘c _�_ - - .—..-- 13125 SW Hall Blvd liff-■ ■ Tigard, 39 97223 �■ ■ \ (503)639-4171 \ • ..1 1--__, httpahw.w.ci.tigard.or.us — Plot date:Apr 26,2002;C:\magic\MAGIC03.APR Community Development • Page 1 of 1 • Julia Hajduk- Notice From: "Gary Firestone"<garyf @rccb.com> To: <JULIA @ci.tigard.or.us> Date: 4/26/02 10:51 AM Subject: Notice The City is considering an amendment to the rules governing MUR zones that would allow areas that were previously zoned commercial to be exempt from minimum housing density so that they could continue as commercial only,even if redeveloped. You asked whether notice needs to be sent to all those in the MUR zone and those within 500 feet or whether notice just needs to go to those properties affected by the change and those within 500 feet. After reviewing the various code provisions on notice,I conclude that notice is required only for those properties actually affected by the change -those that were previously commercial. For other properties,there is no change in their zoning that would trigger a notice requirement(unless they are within 500 feet of a property that is affected). The notice requirement is for owners of sites that are subject of the application,and sites that are not affected are not subjects of the application. See TMC 18.390.050C.1.a.(l). Even though this action is in part legislative,I agree that it is appropriate to provide individual Type III notice because the amendments affect only a limited number of properties and therefore could be considered quasi-judicial,at least in some respects. Gary Firestone Ramis Crew Corrigan&Bachrach City Attorneys • • file://C:\WINDOWS\TEMP\GW}00003.HTM 4/26/02 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ITT ° p- / LPostage). $ g /�'Gi ert fiediFee II i��/ �.� `al l . Postmark e Reti m Receipt Fee Here (Endorsementt equired) _ ° RestricaldiDeIivery Feel L./ ° (Endorsen)-nttRetiuired)- Q O °'bvl!ailii 0 O Total Postage&Fees ° .T Recipient's Name(Please Print Clearly)(to be comoleted by mailer) m I PLAN AMENDMENT SPEC. DLCD M. .-1 635 CAPITOL ST.NE,SUITE 1501 ° ( SALEM,OR 97301-2540 • PS Form 3800.February 2000 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. . .. • Print your name and address on the reverse - so that we can return the card to you. C. Sign. ure ,� • Attach this card to the back of the mailpiece, X /� ! > ! - _. gent or on'the front if space permits. > ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No I I PLAN AMENDMENT SPEC. DLCD 635 CAPITOL ST.NE, SUITE 150 3. Service Type SALEM,OR 97301-2540 %Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes t(2. Article Number(Copy from service label) 70 F9- 31-/DO 2O/ 77 sq D 3 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 Form 1 • • DLCD NOTICE OF PROPOSED AMENDMENT 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 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA 2002-00003 (If nogber,use none) Date of First Evidentiary Hearing: June 17, 2002 Date Mailed: April 2002 (Must be filled in) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: 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." The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). Plan Map Change from: N/A to Zone Map Change from: N/A to Location: Washington Square Regional Center Acres Involved: 5.25 acres affected by amendment Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals:1, 2, 9, and 10 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: Metro, Beaverton, Washington County Local Contact: Julia Hajduk Area Code + Phone Number: 503-639-4171 x336 Address: 13125 SW Hall Blvd 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 COPY 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 preen paper onlv8-1/2x11 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 Larrv.French(a�state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. C /VtA4ENTS SENT BY: METRO GMS; 5037971911 ; MAY-3-02 14:13; PAGE 1 /1 t -# , ;L i~ I 4 1U�j CITY OF TIGARD f=. � { ( ( ty Cowanunit Ve,velopmeett- 02 APR 214 A 08 Shaping A Softer Community DATE: April 23. 2002 APR 2 4 2002 TO CD Manager. Metro 13y FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language eto exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercia, use on the property. There are 10 parcels (5.25 acres)within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is app_oximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Reg onal Center area is bounded generally by Fenno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. Attached is a copy of the proposed development code and comprehensive plan changes. 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: May 15. 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to resppnd 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: Name of Person(s) Commenting: c;1,„. Phone Number(s): I ZOA 2002-00003 MUR 1 & 2 Development Code Amendments REQUEST FOR COMMENTS • A • REQUEST FOR COMMENTS - CITY OF TIGARD Covru uwi.ity De've2opm.& t Shaping A Better Community DATE: April 23, 2002 TO: Current Planning FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption apply to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. Attached is a copy of the proposed development code and comprehensive plan changes. 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: May 15. 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: Name of Person(s) Commenting: I Phone Number(s): ZOA 2002-00003 MUR 1 & 2 Development Code Amendments REQUEST FOR COMMENTS