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Ordinance No. 84-62 CI`I"Y OF TIGARD, OREGON + ORDINANCE N0, 84- AN ORDINANCE AMENDING APPENDIX I ESEE DOCUMENT, VOLUME 1, RESOURCE DOCUMENT AS ORIGINALLY ADOPTED BY ORDINANCE 83-52 AND DECLARING AN EMERGENCY (CPA 25-84). WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City Ordinance 83-52 on November 9, 1983; and WHEREAS, the ESEE, Appendix I of Volume 1-Resource Document was adopted as part of the Comprehensive Plan; and WHEREAS, the Comprehensive Plan was submitted to the land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing on October 11, 1984 and considered the Goal N5 in order to comply statements; and WHEREAS, public hearings was held before the Planning Commission on October 2 and October 3, 1984 to consider amending the ESEE Document and a recommendation was made to the City Council; and WHEREAS, a public hearing was held before the City Council on October 8, 1984, for Council consideration of the Planning Commission's recommendation, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: Appendix I, ESEE Document, Volume 1-Resource Document of the City of Tigard Comprehensive Plan shall be amended as set forth below. Language to be added is underlined, Page I-94 A. Significant, Outstanding or Needed The resources listed in this inventory are determined to be significant, outstanding and needed related to the overall development of Tigard as a diverse community. It is the determination of the City through this Goal #5 process that these resources are of great value to the community and should be preserved, or preserved to some degree. The City Council wants to encourage the Historic District Overlay designation on historic sites. For that reason several sites in the Citv's Planning Area have been identified and the Washington County :Museum has conducted culturalinventories for each site. Due to the limitations placed on the, roperty owner.by the Historic District Overlay, however, the Council 'haa an .,.` informal policy to place the historic overlay_ designation on sites only with the suvoort of the property owner. ORDINANCE NO. 84-_j62--- Page 1 Section 2. Ordinance 84--36 shall be amended to delete the language in Volume 1-Resource Document - Appendix I ESEE Document on pages I-105, I-106, I-107 and 1-108. Language to be added shall be as set forth in Exhibit "A". Section 3. Inasmuch as it is necessary for this Ordinance to become effective prior to signed acknowledgement of the Comprehensive Plan by LCDC, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon passage by the Council and approval by the Mayor. PASSED: By t ote of all Council members present after being e ad by number and title only, this day ,r of res 1984. Deputy City Recorder - City of Tigard APPROVED: This day of (1� %d 1984. o City of Tigard _ APPROVED AS TO FORM: tz; 'S City Attorney (E'AN bs/0715P) i 01001MANCE NO. 84- . Pe 2 EXHIBIT "A" 0, JOY THEATRE The Washington County Museum has performed a cultural resource inventory on the joy Theatre and determined that it is ..pie of the few significant architectural examples of Art Deco/Moderne Style Buildings in Tigard. Built in 1939, it is the only indoor theatre in Tigard with a classical marquee. Although tete lobby of the theatre was remodeled after 1939, the remaining portions of the structure are original and the theatre has never been used for anything other than a theatre use. The Tigard Comprehensive Plan designates the resource site for Commercial-General with the same underlying zoning; which allows theatres outright. Therefore, there would not be any conflicting uses due to land use designations, In addition, adjacent uses include commercial and office uses which complement the theatre. In order to protect this important landmark, the City approached the property owner, J. J. Taggart, about assigning a Historic District Overlay to the property. Mr. Taggart has indicated to the City that he is not n•i ctri rt for the property at thio time. . It is the City Council's policy not to place the Historic Overlay designation on a site without the support of the property owner. In addition, the Joy Theatre is on a site with no off-street parking, and the abutting property owners are concerned that the Historic District Overlay will constrain future development in the area, P. UPSHAW HOUSE/SEVEN GABLES The Washington County Museum has completed a Cultural Resource Inventory on the Upshaw/House of Seven Gables. Although this resource has been subject to several alterations and remodelings, its' integrity has not been compromised. The home is in good condition, well maintained and respected by the current owners. The residence was erected around 1909, and has never been moved. The site is now approximately 1.1 acres, although it appears to have once been at least 13•-15 acres. The Comprehensive Plan designates the area for Low Density Residential with an underlying zone designation of R-10 (Single Family Residential). Therefore, there is not a conflict between the existing use and the land use designation. In order to protect this resource, the City approached the property owners, Susan and Dennis Reed, about assigning a Historic District Overlay to the property. The Reeds have indicated to the City that they are not interested in the Historic Overlay District for the property at this time. It is the ^ity Council's policy not to place the Historic Overlay District designation on a site w-ithout the support of the property owner. The Reeds have indicated a desire to protect the character of the structure but do not want future owners of the property to be limited by the ..: Historic District designation, ¢. TIGARD GRANGE The Washington County Museum has completed a Cultural Resource Inventory on the Tigard Grange and has determined that the building is historically significant in that it has been in use as a Grange Hall since it was constructed in 1425. The building has kept its original integrity and is in good condition. The Tigard Comprehensive Plan designates for this resource site is Commercial--General with an underlying zoning designation of C- G (General Commercial). There does not seem to be a conflict concerning land use. Church uses are not permitted in a C-G zoning district, therefore, it is considered nonconforming. Its use or other subsequent commercial use, however, may be appropriate, provided -that the architectural character of the structure remains. In order to protect this resource, the City approached the Grange members about assigning a Historic District Overlay to the site. The Grange members have riot held a meeting to consider the matter. It is the City Council's policy not to place the Historic District Overlay designation on a site with put the support of the property owner. Tho members of tha tigard orange will consider the placing the Historic District Overlay on the property and will be encouraged by the City to protect the resource by assigning the designation to �;he site. R. KALLSTROM FIR GROVE It has been determined by the City that the Kallstrom Fir Grove is a significant Visual and Natural resource. Located on the east property line of the Kallstrom property, the trees represent the only major stand of Douglas Firs on the south side of the Little Bull Mountain area. Planted by the original. owners of the property, the unique row of trees represent a visual landmark for the residents in the area. There is a small plaque along SW 100th denoting the fir grove. r The Comprehensive Plan indicates a Low Density Residential (1-5 units per acre) designation for the area with an underlying zoning district designation of R-10 (Single Family Residential). There are no land use conflicts between the use and the tree grove other ti^oan the fact that the grove could possibly be destroyed due to the subsequent development. The staff recommendation for this resource is to preserve the visual and natural resource. The City recommends that a special NPO !#b policy be written to call special attention to preservation of these trees regardless of the type of subsequent development that may occur on the site. The policy may read: THE CITY SHALL PRESERVE THE KALLSTROM FIR GROVE ON N.W. 100TH AVENUE'. a< ANY DEVELOPMENT ON OR ADJACENT TO THE SITE ?"I WHICH THE TREES ARE LOCATED SHALL INCORPORATE THE FIR GROVE INTO THE DEVELOPMENT PLANS. b. A DENSITY TRANSFER SHALL BE PERMITTED IN LIEU OF DESTROYING THE TREES. S. TIGARD FARMHOUSE AND WINDMILL �. The Washington County Museum has performed a Cultural Resource Inventory on the Tigard Farmhouse and Windmill and determined that it is a significant resource, due to its association with the Cowgill family for many years. It is also one of the few bungalow farmhouses remaining with a watertower- 9ti i i intact on tfie property. Th. was constructed in the early 1900'x. The Comprehensive Plan designation for the resource is Medium Density Residential (5-12 units per acre) with an underlying zoning of R-12 (Multiple Family). The land use designation could be a potential problem related to land values and the feasibility of keeping the single family farmhouse and windmill structures amongst higher density development. In 1982, the owner of the site partitioned off the farmhouse and windmill from the remaining 10 acres; thus somewhat deterring extensive development of the resource, In addition, it is possible to integrate the farmhouse and windmill architecture into any development proposal. This would be accomplished via the Planning Development (PD) process. In order to protect this resource, the City approached the prupi!rty owners, Herb Burns and Donna Flemmer, about assigning a Historic District Overlay to the property. The owners have indicated to the City that they are not interested in tha Historic Overlay District for the property at this time. It is the City Council's policy not to place the Historic Overlay District designation on a site without the support of the property owner. T. TIGARD FEED AND SEED The Washington County Museum has completed a Cultural Resource Inventory on Tigard Feed and Seed. The store is not determined to be historically significant but is significant to the City of Tigard in its association with the variety of colorful owners since it's construction in 1924. The store is the only wood frame building on Main Street that has not been significally altered. The Comprehensive Plan designated the site as Central Business District (CSD) with the same underlying soning district, In addition, this site falls within the Tigard Urban Revitalization Area which is currently the subject of a revitalization effort. Even though the store is not considered historically significant, the owner was contacted about assigning a Historic District Overlay to the I site. The owner, H.A. Johnson, was interested, however, Mr. Johnson owns only the building, The land is owned by Southern Pacific, The Land Development:, Manager at Southern Pacific indicated that Southern Pacific usually resists assigning Historic Overlays to their property. "It is the City Council's policy not to puce the Historic District Overlay designation on a site without the support of the property owner. In / addition, since the site has not been determined to be historically significant, the Historic District Overlay designation may not be appropriate on this site, t, �s