Ordinance No. 83-39 CITY OF TIGAR.D
ORDINANCE NO. 83--"�9
AN ORDINANCE ADOPTING FINDINGS, AMENDING THE COMPREHENSIVE PLAN MAP (CPA 5-83
Scheckla/Breed/Bissett) AND DECLARING AND EMERGENCY
WHEREAS, during the review and adoption of the City of Tigard Comprehensive
Plan Map which was adopted by Ordinance 83-24 on May 9, 1983, the City Council
found some conflicts between the Comprehensive Plan Map and existing plan
policies; and
WHEREAS, the Tigard City Council on May 9, 1983, directed the planning staff
to initiate the public hearing process to resolve those conflicts; and
WHEREAS, The proposed Comprehensive Plan Amendment involves property
identified by the City Council as being in conflict with the Comprehensive
Plan policies; and
WHEREAS, a public hearing was held before the Planning Commission on June 21,
1983; and
WHEREAS, the Planning Commission has made certain recommendations to the City
Council; and
WHEREAS, the proposed Comprehensive Plan amendment was reviewed by
Neighborhood Planning Organization six (NPO # 6); and
WHEREAS, after considering the comments of the Planning Commission, the NPO,
and individual citizens, the Council believes that the Comprehensive Plan Map
should be amended in the form set forth in Exhibit "A" attached hereto and, by
this reference, made a part hereof:
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council adopts findings in this case as follows:
1. The property meets the locational criteria for determining
areas of medium density residential,
2. The proposal meets applicable adopted Comprehensive Plan
policies.
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a
ORDINANCE NO. 83-L?
Section 2: The City Council, therefore, amends the Comprehensive Plan M;p
as follows:
designate tax lots 500, 600, 601, 700 and 800 on Wash. Co. Tax Map
2S1 14B as medium density on the Comprehensive Plan, zone A-12 PD,
Y Picks Landing and the river as R-5PD in
except the first 100' along
the form set forth in the Exhibit "A" attached hereto and, by this
reference, made a part hereof.
Section 3: In order to provide a uniform date for the effectiveness of the
Comprehensive Plan to be adopted by the City Council in 1983, an emergency is
declared and this Comprehensive Plan Amendment shall become effective upon
adoption of the Community Development Code and final ratification of the
Comprehensive Plan.
PASSED•• By vote of all Council members present, after
being read by number and title only this .a.Z day of
1983.
Recorder City of Tigard
, 1983.
APPROVED: By the Mayor, this 2,;t_ day of N„
Aayor - City of Tigard
APPROVED AS TO FORM
City Attorney
ORDINANCE NQ. 83:..7.6.
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(� 10. COMPREHENSIVE PLAN AMENDMENT' 4-83 CASH'S REALTY NPO #2 (Continued from
\ 7-28-83)
(a) Public Hearing Opened.
(b) Staff reported the amendment was a result of the Council action
designating this area as low density residential on the comprehensive
plan map. Staff and Planning Conanission recommended changing the
plan designation to medium high designation for all lots described
and that Tax Map 2S1 IAB - Tax Lot 1201 be changed to medium plan
designation.
(c) Public Testimony
o Marshall Sunnarbort, 7670 SW Varns Street property owner of
Viking Apts., Tax Map 2S1 2AB - Tax Lot 1200 requested Council
adopt Planning Commission recommendation.
(d) Public Hearing Closed.
(e) Motion by Councilor Cook, seconded by Councilor Brian directing staff
to prepare the proposed ordinance and bring back for Council approval.
Motion approved by unanimous vote of Council present.
11. COMPREHENSIVE PLAN AMENDMENT 5-83 SCHECKLA/BREED/BISSETT NPO #6
x
(a) Public Hearing Opened
'rr
(b) Staff summarized their report noting the Planning Commission voted to
recommend a change on subject properties to medium density with a
planned development overlay and a density range of 6-12 units per
acre with the lower density along Picks Landing and the river and
R high density along Durham Road.
(c) President of Council Scheckla removed himself from the Council Chair
and Councilor Brian presided.
(d) Public Testimony
o Marie Breed, P.O. Box 83, Forest Grove, supported medium
density for the area.
0 Bibianne Scheckla, 10890 SW Fairhaven Way, Tigard,
representing Lucy Scheckla, property owner of Tax Lot 500
requested medium density.
o Leonard Scheckla, 10200 SW Durham Road, property owner of Tax
Lot 700 supported medium high density for the area.
o Phil Pasteris, 8935 SW Pinebrook, Chairman of NPO #6 reported
the NPO is in support of the Planning Commission proposal.
o Gary L. Fox, Sr., 10050 SW Serena Way, President of the
Homeowners Association spoke to adequate buffering and
reported the homeowners felt it was a good plan.
PAGE 3 - COUNCIL MINUTES - AUGUST 8, 1983
1
(e) Council and staff discussed the amount of buffering recommended,
noting the PD overlay and buffering would be addressed at time of
development.
(f) David H. Craig, 10155 SW Jurgens Lane reported residents across the
Tualatin River were concerned that an adequate amount of buffering
along the river would be provided and that the character of the
neighborhood would not be changed.
(g) Staff reported they supported the Planning Commission recommendation.
(h) Public Hearing Closed.
(i) Council and staff discussed increased traffic on SW Durham Road as a
result of development, as well as providing in writing for a buffer
zone along Picks Landing and the river. Staff reported the map will
show A-12 with P.D.
(j) Motion by Councilor Cook, seconded by Councilor Scott that staff
prepare an ordinance following the Planning Commission
recommendations and showing the first buildable 100' against Picks
Landing and River Ec R-5 PD.
Motion approved by unanimous vote of Council present.
CHAIRMAN BRIAN TURNED MEETING BACK OVER TO PRESIDENT OF COUNCIL SCHECKLA.
12. COMPREHENSIVE PLAN AMENDMENT 6-83 DAKOTA GREENWAY CONDOMINIUMS NPO #7
(a) Staff pointed out that the NPO was not notified of this matter and
recommended Council remand this item to the Planning Commission so
they would have an opportunity to speak.
(b) Nancy Robbins, NPO #7 Chairman, 12815 SW Summer Street read letter to
Council requesting item be returned to Planning Commission so they
would have an opportunity to speak.
(c) Discussion followed regarding remanding the item and whether Council
wished to take any testimony tonight. Consensus was to open public
hearing to only hear testimony for remand discussion.
(d) Public Hearing for discussion regarding remanding item to Planning
Commission Opened.
f
0 lichard Boberg, 10660 SW North Dakota noted the Planning
mission vote and felt they should have more facts. '
is
o - Hendrik E. Vollmullen, 1100 SW 106th stated he would not be
here when Planning Commission hears this matter and wantedto
make a point at this time.
(e) Council suggested he write a letter to the Planning Commission giving
them his viewpoints.
PAGE 4 — COUNCIL MINUTES — AUGUST 8, 1983
COMMISSION DISCUSSION AND AC'iION
o Commissioner Moen moved and Commissioner Christen seconded to
recommend approval and forward to City Council of Comprehensive Plan
Amendment CPA 4-83 from low density to medium high density on all
lots proposed except tax lot 1201, which would be changed from low
density to medium density per staff's recommendations and findings.
Motion carried unanimously by Commissioners present.
f5.5.3 COMPREHENSIVE PLAN AMENDMENT CPN 5-83 SCHECKLA/BREED/BISS ETT NPO # 6
A request to change the Comprehensive Plan designation from low to
medium high density on the following properties: 10200 S.W. Durham,
10350 S.W. Durham and 16580 S.W. 108th and Durham Road. (Wash. Co.
Tax Map 2S1 14B tax lot 500, 600, 601 and 700)
., Associate Planner Newton made staff's recommendation for approval.
i
o Phil Pasteris, NPO # 6 Chairperson raised several points opposing j
staff's recommendation, stating a petition had been submitted with
approximately 80 signatures requesting property remain low density.
o Bibianne Scheckla, representing applicant Lucy Scheckla, stated that
they had never been informed of any NPO meetings, otherwise they
: would have been happy to attend. She continued by requesting the
Planning Commission support the staff recommendation for approval of
the Comprehensive Plan change to medium high stating the property
meets all requirements to support the medium high density.
o Marie Breed, applicant, stated she had not become aware of the
changes proposed for her property until the end of April. She did
not feel low density was the highest and best use for the property
and that it was unfair to her as the property owner.
o Larry Bissett, applicant, stated the reason the property should be
designated medium or medium high as it is located close to schools
and public services. They also have an easement to 108th which would
eliminate having to increase traffic through existing residential
areas. If the property is left low density it would not be
consistent with the goals of the Comprehensive Plan.
o Leonard Scheckla, applicant, stated he had owned his Ncoperty for 42
years and requested the Planning Commissioner to designate the
property for medium high density.-
UBLIC TESTIMONY t
i
o Debbie Craig, 10155 SW Jergens Lane, read and submitted a letter
opposing the medium high density.
o Greg Snyder, SW Riverwood Lane, representing property owners from
Picks Landing, opposed the medium high density. They had purchased
theirproperty with the belief that the adjacent property would
remain low density.
11LANNING CUMMISSIONEIt MINUTES .lune 21 , 1983 11age 6
i
o Penny Wills, SW Kent Place opposed changing the density from
low. She also read a letter from Lauren Rickman and Daniel and
Cheryl Duke opposing the medium high density and requesting it remain
Low density.
CROSS EXAMINATION AND REBUTTLE
o Marie Breed, applicant, questioned being annexed into the City; staff
responded at the time of development she would have to annex into the
City. i
o Associate Planner Newton explained the Urban Growth Boundary and
reviewed how the properties had been designated to low density.
4
o Discussion followed regarding the NPO meeting, when they are held, v
how people are notified and who to contact.
o Steve Petrazela, 9980 SW Riverwood, questioned how often could the
applicant apply for a Comprehensive Plan Amendment; staff responded
twice a year is the only time the Planning Commission hears
Comprehensive Plan Amendments. Discussion followed.
o Discussion followed regarding the difference between low, medium and
medium high density and the use of the planned development.
l
PUBLIC HEARING CLOSED
PLANNING COMMISSION DISCUSSION AND ACTION
o Commission Moen commented that he could identify with the Picks
Landing group and did not support the change to medium high density.
o Commissioner Edin did not feel item number two, regarding buffering,
had been adequately addrersczl to determine if medium high density
would be appropriate for this property. He did not support the low
or the medium high density. For a smooth transition, medium density
with a PD overlay would be more appropriate.
o Commissioners Christen, Owens, Vanderwood preferred the medium
density with a planned development overlay.
o Chairman Tepedino stated he would prefer the parties came to an
agreement as no one can guarantee that a neighbors property will
remain the same.
oCommissioner Edin moved and Commissioner Christen seconded to modify
c^,+^.Tpr2h2i.s.Ve Plan :^.:214 2nt wi -83 to reflect a medium density
with a planned development overlay and recommend to City Council for i
approval. Based on public testimony and staff findings and
recomcaendations a density of 6-12 units per acre is requested with
the low density being along Picks Landing and the river, with higher
densities along Durham.
Motion carried by majority vote of the Commissioners present,
Commissioner Moen voting no.
PLANNING COMMISSION MINUTES June 21 1983 ;- Page 7