10/03/2016 - PacketPLANNING COMMISSION AGENDA – October 3, 2016
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 1
City of Tigard
Planning Commission Agenda
MEETING DATE: October 3, 2016 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
RIVER TERRACE EAST MULTI-FAMILY
PLANNED DEVELOPMENT REVIEW (PDR) 2016-00008;
SITE DEVELOPMENT REVIEW (SDR) 2016-00005
REQUEST: Concurrent Planned Development Concept Plan and Detailed Devel opment Plan review
is requested for the River Terrace East multifamily site, which will include 141 multifamily dwelling units
in nine buildings on a 4.97- acre site. The Tigard Planning Commission approved the River Terrace East
planned development conceptual plan on August 24, 2015 (case files PDR2015-00006, SUB201-50009,
and SLR2015-00007). This application is for the development of the multifamily lot of the River T errace
East planned development. LOCATION: 13240 SW Roy Rogers Road, east of SW Roy Rogers Road;
Washington County Tax Map 2S10600 Tax Lots 01400 and 01401.ZONES:R-25(PD): Medium High-
Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.350, 18.390, 18.510, 18.660, 18.705, 18.715, 18.720, 18.730, 18.745, 18.765, 18.790, 18.795 and
18.810.
6. PUBLIC HEARING 7:35 p.m.
DEVELOPMENT CODE AMENDMENT DCA2016-00001 CEMETARY SETBACKS
REQUEST: The City of Tigard Community Development Code, Section 18.330.050.B.10.b.i applies
specifically to cemeteries and requires a 15-foot setback for graves from all property lines. The Crescent
Grove Cemetery has made application to the City to approve a text amendment to the Community
Development Code to remove this setback requirement. LOCATION: Citywide. ZONES: R-3.5, R-4.5,
Low-Density Residential; R-7, Medium-Density Residential; and I-L, Light Industrial. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, and 18.390;
Comprehensive Plan Goals 1, 2; and Statewide Planning Goals 1, 2.
7. OTHER BUSINESS 8:35 p.m.
8. ADJOURNMENT 8:40 p.m.
October 3, 2016 Page 1 of 9
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
October 3, 2016
CALL TO ORDER
President Fitzgerald 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.
ROLL CALL
Present: President Fitzgerald
Alt. Commissioner Enloe
Commissioner Hu
Commissioner Jelinek
Commissioner Lieuallen
Commissioner McDowell
Commissioner Middaugh
Alt. Commissioner Mooney
Commissioner Muldoon
Commissioner Schmidt
Absent: Vice President Feeney
Staff Present: Gary Pagenstecher; Associate Planner; Tom McGuire, Assistant
Community Development Director; Doreen Laughlin, Executive Assistant;
Greg Berry, Engineer
CHANGE OF AGENDA ITEM ORDER
President Fitzgerald told the commissioners that the applicant for agenda item #6 regarding
cemetery setbacks had asked to be heard first; she asked if anyone objected. Since no concern or
objections were expressed from the audience, the commissioners, or the other applicant,
President Fitzgerald announced that DCA2016-00001 Cemetery Setbacks would be heard first,
followed by River Terrace Multi-Family (PDR) 2016-00008; (SDR) 2016-00005.
COMMUNICATIONS – Commissioner Middaugh noted he and three other commissioners
had attended Planning Commission Training in Salem in late September and that they had
learned a lot and found it useful. The other commissioners who’d attended the training agreed.
CONSIDER MINUTES
September 12, 2016 Meeting Minutes: President Fitzgerald asked if there were any additions,
deletions, or corrections to the September 12 minutes; there being none, President Fitzgerald
declared the minutes approved as submitted.
October 3, 2016 Page 2 of 9
OPEN PUBLIC HEARING
DEVELOPMENT CODE AMENDMENT DCA2016-00001 CEMETERY SETBACKS
REQUEST: The City of Tigard Community Development Code, Section 18.330.050.B.10.b.i
applies specifically to cemeteries and requires a 15-foot setback for graves from all property
lines. The Crescent Grove Cemetery has made application to the City to approve a text
amendment to the Community Development Code to remove this setback requirement.
LOCATION: Citywide. ZONES: R-3.5, R-4.5, Low-Density Residential; R-7, Medium-
Density Residential; and I-L, Light Industrial. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.330, 18.380, and 18.390; Comprehensive Plan
Goals 1, 2; and Statewide Planning Goals 1, 2.
QUASI-JUDICIAL HEARING STATEMENTS
President Fitzgerald read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias or conflict of interest. Ex-parte contacts: Commissioner Middaugh stated that his living
parents own plots at this cemetery, however he’s confident he can make a decision without bias.
Site visitations: All commissioners present had visited. No one wished to challenge the
jurisdiction of the commission.
STAFF REPORT
Gary Pagenstecher, City of Tigard Associate Planner, explained that this was a very unusual
development code amendment - a one of a kind. The applicant did a thorough survey of the
context within which this section of the code exists in our Development Code. This exists
nowhere else that staff could find in the metropolitan area, neighboring cities, or even the
county to the extent that it references setbacks for gravesites. Staff finds that there’s no reason
to keep the setback provision.
This started out as a legislative review, as development code amendments typically are, but it
was proposed by a specific landowner – the cemetery association (two) – so we revised this to
be a quasi-judicial review and provided notice to property owners within 500 feet of both of the
cemeteries. The city received no comments in response to those notices. Additionally, we
received no comments or objections from the mall owner around Crescent Grove Cemetery.
Staff recommends that the Planning Commission find in favor of the proposed text amendment
with any alterations as determined through the public hearing process, and that they make a final
recommendation to Tigard City Council.
APPLICANT’S PRESENTATION
Keith Jones – Sr. Land Use Planner of Harper Houf Perterson Righellis - the applicant’s
representative, introduced himself and the woman beside him - Nancy Felton, General Manager
for Crescent Grove Cemetery. Mr. Jones noted the cemetery is about 22 acres – most of it
platted. Three acres of the property is at the north end un-platted. Crescent Grove hired his firm
to come in and plat these additional gravesites, and to do a design for an access road and a
October 3, 2016 Page 3 of 9
stormwater facility. He said he helped prepare the application for this text amendment. During
that process, the 15 foot setback requirement was discovered. He said he’d had conversations
with staff to try to resolve that issue. That’s when they did some research. The cemetery has
been around since 1852 – a long time. The city adopted zoning in 1967 and then the cemetery
was in Unincorporated Washington County until 1986 when it was annexed. At that time, the
setback provision was placed on the cemetery. So for 132 years the cemetery did not have
setbacks, and most of the plots are platted towards the fence line. There’s a concrete berm
around the boundary with a metal fence on top of that. The fence is inside the property line by
about 10 inches. So when they excavate a gravesite, it’s going to be probably another foot back -
so it’ll be at least two feet back from the property line. The fence is clearly demarcating the
boundaries of the cemetery. This will only apply to about two cemeteries. He noted cremations
are going up in numbers and becoming much more common; land is very finite – particularly in
Tigard where land is at a minimum. If this setback is imposed, it will effectively take away what
they calculate to be 363 grave plots. They want to plat out about 2700. So it’s a significant
impact. He said that going forward – they agree with the staff recommendation to the Planning
Commission and would request the same.
QUESTIONS
Most questions and discussion from the commissioners centered on whether a zero set-back
might be a mistake and possibly cause problems for neighbors of cemeteries whose property
may abut it.
TESTIMONY IN FAVOR – None.
TESTIMONY IN OPPOSITION – None.
PUBLIC HEARING CLOSED
DELIBERATION
Deliberation centered on whether a 2 ½ foot buffer might be better than a zero setback.
After a rather lengthy deliberation, President Fitzgerald asked all the commissioners to weigh in
with their thoughts. The commission was divided as to whether to go with staff’s
recommendation or to change it to include a 2 ½ foot buffer to prevent people from
accidentally hitting a casket while digging a fence, or perhaps planting a tree. One of the
commissioners thought that imposing a 2 ½