Ordinance No. 10-12 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10- j a
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 2.08 AUTHORIZING
THE TIGARD CITY COUNCIL TO APPOINT A SUBCOMMITEE OF THE PLANNING
COMMISION TO SERVE AS THE DOWNTOWN DESIGN REVIEW BOARD FOR THE OPTIONAL
TYPE III-C DISCRETIONARY DESIGN REVIEW PROCEDURE AS SPECIFIED IN THE TIGARD
DEVELOPMENT CODE AND DECLARING AN EMERGENCY
WHEREAS, Ordinance 10-02 amended the Tigard Development Code and established Downtown Design
Standards and Objectives;and
WHEREAS, a Type III-C Discretionary Design Review process was established to provide an optional
review procedure for projects that can't meet the clear and objective standards;and
WHEREAS, a Downtown Design Review Board was designated as the review authority to issue final orders,
%with findings and conclusions, to approve, approve with conditions, or deny applications under the Type
III-C Discretionary Design Review process;and
WHEREAS, current econoinic conditions will Iikely limit the number of applicants choosing to file under this
provision in the code;and
WHEREAS, an alternative and interim measure to the establishment of a standalone Downtown Design
Review Board is to duly appoint a subcommittee of the Planning Commission to serve as the Downtown
Design Review Board;and
WHEREAS, an arnendrnent to the Tigard Municipal Code is necessary to clarify that a subcommittee of the
Planning Commission can constitute a quorum to conduct hearings on applications for permits under the
Type III-C Discretionary Design Review decision maldag procedure.
NOW,THERE FORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 2.08 of the Tigard Municipal Code is amended as shown in Exhibit A to this
ordinance.
SECTION 2: Because this ordinance establishes a necessary review authority for land use decisions, an
emergency is declared to exist and this ordinance shall be in fall force and effect
immediately upon passage.
PASSED: By1,W17J vote of Council members present after being read by number
and tide only, this 1 Q — day of u-LL' L , 2010.
ORDINANCE No. 10- )a
Page 1
(l
Cl -(d-e-t� n-�
Ca�ffierine Wheatley, City Recorder
j � J
APPROVED: By Tigard City Cowicil this ! day of ;- LI Q t t ,201
Craig Dirksen, Mayor
Ap roved as to form: �
City Attorney
Date
ORDINANCE No. 10-/
Page 2
This text amendment employs
the following formatting:
Bald and underlined Exhibit A
designates text to be added.
TIGARD MUNICIPAL CODE
Chapter 2.08 PLANNING COMMISSION. 95-26; Ord. 92-35 §2 (Exh. A)(part), 1992).
Sections: 2.08.030 Commission Removal.
2.08.010 Purpose. A member of such a commission may be
2.08.020 Appointment--Membership. removed by the appointing authority, after
2.08.030 Commission Removal. hearing, for misconduct or nonperformance of
2.08.040 Vacancy. duty. (Ord. 92-35 §2 (Exh. A)(part), 1992),
2.08.050 Voting Members.
2.08.060 Election Of Officers. 2.08.040 Vacancy.
2.08.070 Meetings--Quorum--Voting.
2.08.080 Planning Commission Member Any vacancy in such a commission shall be
Conflict Of Interest Activities. filled by the appointing authority for the
2.08.090 Disclosure Of Prehearing unexpired term of the predecessor in the office.
Contact. (Ord. 92-35 §2 (Exh. A)(part), 1992).
2.08.100 Powers And Duties Of
Commission. 2.08.050 Voting Members.
2.08.105 Downtown Desilln Review
Board No more than two voting members of the
2.08.110 Hearings Officer. Commission may engage principally in the
2.08.120 Hearing Procedures. buying, selling or developing of real estate for
profit as individuals, or be members of any
2.08.010 Purpose. partnership, or officers or employees of any
corporation, that engages principally in the
The purpose of the Tigard Planning buying, selling or developing of real estate for
Commission is to advise the City Council on profit. No more than two members shall be
general land use and transportation planning engaged in the same kind of occupation, business,
issues; longrange capital improvement programs; trade or profession. (Ord. 92-35 §2 (Exh. A)(part),
and to act as a hearings body for applications of 1992).
permits, land use applications and land use
appeals, or other matters as directed by the City 2.08.060 Election Of Officers.
Council. (Ord. 92-35 §2 (Exh. A)(part), 1992).
The Planning Commission, at its first
2.08.020 Appointment--Membership. meeting in each odd-numbered calendar year,
shall elect a president and a vice president, who
The City Planning Commission shall consist shall hold office at the pleasure of the
of nine members, not more than two of whom Commission. The president and vice president
may be nonresidents of the City, to be appointed shall be voting members of the Commission. The
by the Council to serve a term of four years. No vice president shall preside in the absence of the
person appointed after January 1, 1996 may serve president. (Ord. 92-35 §2 (Exh. A)(part), 1992).
more than two full consecutive terms on the
Planning Commission, notwithstanding prior 2.08.070 Meetings--Quorum--Voting.
appointment to an unexpired term. Commission
members shall receive no compensation but shall The Commission shall meet at least once in
be reimbursed for duly authorized expenses. (Ord. each calendar month or as necessary. A majority
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TIGARD MUNICIPAL CODE
of the members of the Commission shall
constitute a quorum. A majority vote of those (b) A member of the Commission shall
members present at an open meeting of the disqualify himself or be disqualified by the
Commission shall be necessary to legally act on remaining members of the Commission present at
any matter before the Commission. (Ord. 92-35 a hearing when it appears that the impartiality or
§2 (Exh. A)(part), 1992). objectivity of any member has been compromised
by prehearing or ex parte contact. (Ord. 92-35 §2
2.08.080 Planning Commission Member (Exh. A)(part), 1992).
Conflict Of Interest Activities.
2.08.100 Powers And Duties Of
(a) A member of the Planning Commission Commission.
shall not participate in any Commission
proceeding or action in which any of the (a) Except as otherwise provided by the
following has a direct or substantial financial City Council, a City Planning Commission may:
interest:
(1) Make and alter rules and
(1) The member or the spouse, brother, regulations for its government and procedure
sister, child, parent, father-in-law, mother-in-law consistent with the laws of the state of Oregon, the
of the member; City Charter, this chapter and other ordinances of
the City;
(2) Any business in which the member
is then serving or has served within the previous (2) Recommend and make suggestions
two years; or to the City Council and to other public authorities
concerning:
(3) Any business for which the
member is negotiating or for which the member (A) The long range comprehensive
has an arrangement or understanding concerning land use plans for the City, as well as any land use
prospective partnership or employment. plans for specific areas within the City,
(b) Any actual or potential interest shall be (B) Plans for the City-wide
disclosed at the meeting of the Commission where transportation system, including the laying out,
the action is being taken. (Ord. 92-35 (Exh. widening, extending and locating of public
A)(part), 1992). thoroughfares; relieving traffic congestion
conditions; bicycle and pedestrian facilities;
2.08.090 Disclosure Of Prehearing transit facilities and routes; design standards for
Contact. transportation facilities; and parking lot
regulations,
(a) A member of the Planning Commission
shall disclose to the Commission, prior to any (C) Any proposals to adopt or
hearing on a petition for a permit or with respect amend planning documents for the City-wide
to any contested case, any prehearing or ex parte transportation system, including the transportation
contacts with the applicant's officers, agents and map of the comprehensive plan and the
employees, or any of the parties to a contested transportation capital facilities program,
case concerning the permit sought or the question
at issue. (D) Establishment of districts for
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TIGARD MUNICIPAL CODE
limiting the use, height, area, design, bull: and 2.08.105
other characteristics of buildings and structures Downtown Design Review Board
related to land development, including the (a) The Council may appoint or designate a
creation of and amendments to the Tigard subcommittee of the Planning Commission as
development code and the zoning map, the Downtown Design Review Board. The
Downtown Design Review Board shall have the
(E) Betterment of housing and power to conduct Tvpe III-C hearings on
sanitation conditions, applications for permits as specified in the
Tigard Development Code.
(F) Protection and assurance of (b) The subcommittee shall consist of a
solar access; minimum of three members or alternate
members of the Planning Commission.
(3) Recommend to the Council and c NoihvithstandinLy the provisions of 2.08.070.
other public authorities plans for regulating the a majority of the designated subcommittee
fixture growth, development and design of the City shall constitute a quorum. A malority vote of
in respect to its public and private buildings and those members present at an open meeting of
works, streets, parks, grounds and vacant lots; and the Board shall be necessary to legally act on
plans to secure to the City and its inhabitants any matter before the Board.
sanitation, proper service of public utilities and
telecommunications utilities, and shipping and
transportation facilities; and appropriate measures
for energy conservation; 2.08.110 Hearings Officer.
(4) Recommend to the Council and The Council may appoint or designate one or
other public authorities plans for promotion, more qualified persons as Planning and Zoning
development and regulation of industrial and Hearings Officer(s), to serve at the pleasure of the
economic activities in the community; City Council. The Hearings Officer(s) shall have
the power to conduct hearings on applications for
(5) Do and perform all other acts and permits. (Ord. 92-35 §2 (Exh. A)(part), 1992).
things necessary or proper to carry out the
provisions of ORS 227.010 to 227.120, and 2.08.120 Hearing Procedures.
227.160 to 227.180;
(a) Procedures for the conduct of quasi-
(6) Study and propose such measures judicial hearings as prescribed by Section
as are advisable for promotion of the public I 8.32.160 of this code shall apply with respect to
interest, health, morals, safety, comfort, the conduct of hearings by the Planning
convenience and welfare of the City, including the Commission and Hearings Officer.
area that is expected to eventually become a part
of the City through annexation. (b) Procedures for the conduct of legislative
(b) The City Council shall assign to the hearings as prescribed by Section 1830.100 of
Commission such facilities and services as this code shall apply with respect to the conduct
necessary to enable the Commission to hold its of legislative hearings by the Planning
meetings, transact its business and keep its Commission. (Ord. 92-35 §2 (Exh. A)(part),
records. (Ord. 92-35 §2 (Exh. A)(part), 1992). 1992).9
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