CPA 16-84 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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DECISION CPA 16-84
M..?..�. c�C;ESSNT ..
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SECTION 18.32
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CITY OF TIGARD, OREGON
Y ,. ••: - ORT)S ?ANCENO.. 84-.,ail' .' ,.,
. AMENDING CHAPTER 18.32 ADDITG SECTION 18.32.275 AMENDED DECISION
AN ORDINANCE
PROCESS AND DECLARING AN EMERGENCY. (CPA 16-84)
WHEREAS, the City of Tigard finds it necessary to revise its Community
Development � periodically
� aca11y to improve the operation and implementation of
� that plan and ode; and
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WHEREAS, the City planning staff has determined that an amended decision
process for decisions on land use applications made by the Director would be
beneficial; and
WHEREAS, the Planning Commission reviewed the proposed Amendment Decision
process at a public hearing on May 8 1984, and voted to recommend that City
Council adopt an Amended Decision process for decisions on land use
applications made by the Director. Y.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Chapter 18.32 of the Community Development Code shall be amended
to add section 18.32.275 as follows:
"18.32.275 Amended Decision Process
; A. The Planning Director may issue an Amended Decision after
the Notice of Final Decision has been issued and prior to
the end of the 10 day appeal Period.
B. A request ,for ar Amended Decision shall be in, writing and
accompanied with, the appropriate fee and: filed with the
Director not more than eight (8) days after the Notice of
Final Decision has beep filed.
q � may
C. Are nest for an Amended Decisxt�r� be filed by:
1. The NPOn
byc.%S�.o
affected the initial De
2. Thr. City Council
. 3. Tile Planning Commission
4. An Employee of the City's Planning Staff
5. Any party' entitled to notice of the original decision•
b. Any party who submitted comments in writing on()nil the
original decision,
ba The Amended si
Decion process shall be
limited to one time
for each original application*
( E. The Director shall make ..the. determination as to issuance of
an Amended Decision based on finding that one or more of
the following conditions, exist_ Y
. ORDINANCE .84
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1. An error or omission was made on the original Notice ,.
of Final Decision. '
2. ;.the original decisivo was based on incorrect
M..: information.
3. New information becomes available during the appeal
period which alters;. the facts or conditions in the
original decision."
F. An Amended Decision shall be processed its accordance with
section 18.32.120 of this code.
Section 2. Inasmuch as it is necessay for the peace, health, and safety of
the people of the City of Tigard that this ame::4ment be made
with the least possible delay, an emergency is hereby declared
to exist and this ordinance shall become effective immediately
upon passage by the Council and approval by the Mayor pro tern.
ti PASSED: By k bt ,_ vote of all Council members present after
being read bynumber and title only,, this day
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of T, 1984.
Deputy City Recorder - City of Tigard
APPROVED: This 7 day of jf)i . , 1984.
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Tay`or pro tem * City c;f Tigard jl
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dmj(0437p)
ORDINANCE 84--.
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5.6 CPAAmendment Decision Process
l x--84 :.
Associate Planner Newton explained why an amended decision process would
be helpful and recommended adding Section 18.32.275 Amended. Decision
Process. The Commission diu need to determine how many times someone
could apply for an amended decision and whether there should be a fee.
PUBLIC TESTIMONY
No one appeared to speak
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o The consensus of the Commission was for one time and that a minimal
fee to cover cost of processing would be necessary.
o Discussion followed .regarding other requirements.
o Commissioner Peterson moved to forward staff's recommendation to City
Council for approval adding under section B. "and accompanied by
required fee. Under section C. add item number 6. "Any party who has
commented in writing." Change sc'tion D. to read, "The amended
decision shall be limited to one time. Change "D" to "E" and change .�
It 11 to "F�r
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Commissioner Butler seconded. Motion carried unanimously by mambers
present.
5.7 CPA 17-84 Density Transition
Associate Planner Newton made staff's recommendation to amend Section . ;
18 40.040 of the. Community Development Code to allow 'fo''.4cases when the
density exceeds what is allowed in the estaLIished area. :-
0 Discussion followed regarding changes.
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M.' Commissioner Owens left 10:25 P.M.
PUBLIC TESTIMONY - No one appeared to speak {:
' PUBLIC REARING CLOSED
COMMISSION' DISCUSSION AND ACTION
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0 Commissioner moved to forward the following to City Council with
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recommendation of approval. ..
C. Subsection. 18.40.040pp y the actual
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(A), above shall not s 1 whir
yarea exceeds the maximum density
densa.t �,n the established
allowed under the /And use Play Map designation for the
established area., abutting
. .. _ ..
blt�atdof the actual
density transition� not exoeed
• ra'nsi.tion still Will
14 25, ctual, abutting established area density«,
" PLANNING + O IIS ICN 1:NUTES Hay 8,` 1984 Page 6
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Agenda Item # 5.6 ,•d
CPA 16-84
Tigard Planning Commission
May 8, 1984
MEMORANDUM
• TO: Planning Commission
FROM: Planning Staff ..k ;
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SUBJECT: Amended Decision Process
During the process of implementing and admin .tering the. Community Development
Code, the Planning Staff has determined that an amended decision process might
be helpful. The amended decision process would be available only on decisions
made by the Planning Director. Any amended decision would have to be filed by
the Planning Director witthe ten day appeal period. Staff recommends that '
a new section he added into the Quasi judicial section of the Code Chapter
18.32) outlining the amended decision procedure.
18.32.275 Amended Decision Process
A. The Planning Director may issue an Am . aftethe Notice
of > final Deci ion has been issued and priorendedDecn,to the end o r the 1,0` day
appeal period.
8. A request for an an,, yd decision shall be in ,writing and filed with
theDirector not more than eight (8) days after the Notice' of Final
'.
• Decision has been filed.
C. A request for an amended Decision may be filed by
1. The NPO affected by the initial Decision
2. The City Council
3. The Planning Commission
4. An employee of the City's Planning Staff (?)
5. Any party entitled to Notice of the original decision.
D. The Director shall make the determination as to issuance of an Amended
Decision based on findings that one bar more of the following
conditions exist
1. An error or omission was made on the original Notice of Final
Y Decision ,
2. The original decision was based on incorrect information.
3. New information becomes available during the appeal period which
alters the facts or conditions in the original decision.
E. An amended decision shall be processed in accordance with section
18..32.120 of this code. .
(0402P)
9 ara y —, t j,
COMPREHENSIVE PLAN AMENDMENT/CPA 16-84/AMENDMENT DECISION PROCESS
A recommendation by the City of Tigard Planning Coomission regarding
Chapter 18.32 to allow the Planning Director to amend a decision after �.
findings have been prepared in response to issues that are raised prior
to the appal. deadline.
COMPREHENSIVE PLAN AMENDMENT/CPA 17.84/DENSITY TRANSITION
A recommendation by the City of Tigard Planning Commission regarding the
Density Transition of the code, section 18.40.040,
, and
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conditions when application of this provision may not be required.
a. Planning •Director reported agenda items 2.10 through 2.14 were not `
heard at the Planning Commission meeting and recommended Council
open the rublic hearing and continue to May 14th. -
b. Public W4aring Opened for agenda items 2.10 through
2.14. '..
c. City Administrator noted Mrs. Clinton, 9865 S.W,, View Ct.., Tigard,
and !Geraldine L. tall representing DJS, Inc., 11515 S.W. 91st,
Tigard, had s gned upto speak on agenda items 2.10 and 2.11.
d. Motion by Councilor Cook, seconded by Councilor Scott to continue
agenda items 2.10 through 2.14 to May 14, 1984 Council meeting.
Motion approved by unanimous vote of Council.
, (/PA13. L.C.D.C. STATUS REPORTICI '
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a. Planning Director reported on presentation to L.C.D.C. and stated `
,;', 4 major policy issues remain to be resolved: Coal 2, Land use
Planning, and Coal 5, Open Spaces, Scenic and Historic Areas, and
Natural Resources have, been dealt with. Goal 10 Housing, Item 1 0
has been taken care of. item #2 additional manufactured homes•
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,,, Item 4, Housing Density, andItem5, Subid. Housing are issues
that need a solution. Staff reported they had direction how to ~'°
handle the need. ' assessment, and this would not attfec� the .�,
I ; Comprehensive Plan."
b. Council and staff discussed the requiremen.t regarding density of
10 units per acre, and how to achieve that: goal. Staff must have {a,
a way to increase` the density from 9.1 to 10 units per acre.
Staff suggested tthe following alternatives:
1. Up-zone some areas
2. Argue with L.C.D.C.
3. Zone some areas in downtown and triangle, first floor
commercial and the rest,;' overhead, be used for,rresidentialM
4. All undeveloped land zonedtedium high density; now
zoned 13-20 units ts per acre, be zoned 13-.25 units per acre.
,.� This would. ecua1 10 units Per acre and solve the density
issue. ,
Ilk c. Council discussed strategies, ctpi,nions and options available.
!F', Mayor Mayor pc **m Scheakla suggested staff work with Washington County
to give ,us .,. ' as. Planning staff noted items will have to be
Page 7 - COUNCIL MINUTES - APRIL 30, 1984
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•a. Public Hearifag Opened
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b. Motion by Councilor Cook, seconded by Councilor Brian to continue
to April 30, 194
Approved by unanimous vote of Council present.
• 23. COMPREHENSIVE PLAN AMENDMENT/CPA 14-84/COMPREHENSIVE PLAN DOCUMENT
A recommendation by the City of Tigard Planning Commission regarding
various sections of Volumes I, II, and III of the comprehensive plan in _. '
response to issues raised in correspondence from Washington County, the
Home Builders Association of Metropolitan Portland, Oregon Legal 1 ,
Services Corporation, The Department of Enviranmeu.tal Quality, The
Oregon State Housing Division, 1,000 Friends of Oregon, Metro and the
00 Land Conservation and Development Commission Staff.
a. Public Hearing Opened
Motion byCouncilor Cook, seconded byCouncilor Brian to continue`
to April 30, 1984
Approved by unanimous vote of Council present.
24. COMPREHENSIVE PLAN AMENDMENT/CPA 15-84/SETBACKS IN THE CG AND CP ZONES
A recommendation by the City of Tigard Planning Commission regarding the
required setbacks in the General Commercial (CC) and Commercial
Professional (CP) zones.
a. P-uolic Hearing Opened +.
b. t!otion by Councilor Cook, seconded by Councilor Brian to continue
to April 30, 1984.
Approved by unanimous vote of Council present.
25. COMPREHENSIVE PLAN AMENDMENT/CPA 16--84/A: NDENT PR.YOCESS
A recommendation by the City of Tigard Planning Commiasl'n regarding
Chapter 18.32 to allow the Planning Director to amend a decision after
findings have been prepared in response to issues that are raised prior
to the appeal deadline.
a. Public Hearing Opened
b. Motion by Councilor Cook, seconded by Councilor Brian Co continue ":
to April 30, 1984.
Approved by unanimous vote of Council present. .�
2b. C'JMPREHENSIVE PLAN AMENDMENT/CPA 17-84/DENSITY` TRANSITION,
A recommendation by the City of Tigard Planning Commission regarding the
Density Transition section ofthe code, section 18.40.040, and
conditions when application of this provisionmay notbe required
° a. Public Hearing Opened
Page 11 ww COUNCIL MINUTES - APRIL 23, 1984
Ta MES PU1')LI RING A 'S
P . legal
P 0.BOX 370 PHONE(503)684-0360 Notice 7-b
BEAVERTON,OREGON 97075
Legal Notice Advertising4-1
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City of Tigard rj�'' 1 .
'P0 Box 23397 6 0 Duplicate Affidavit '+
Tigard, OR 97223
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Director, or his principal cleric, of the—. Tigard Times c !zti. . _' WI "0 2 4:z- _.. --al , s l�: , 2 „4
a newspaper of general circulation as defined in ORS 193.010 -.1:-11)S` t3:21 I =`1- a ; •and 193.020; published at Tigard in the >_ x mss= •, ' i,°a,811 cr' _: :1 m' c� ,
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