ZOA1-84 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PLEASE NOTE: The original paper record has been archived and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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QUASI JUDICIAL PLAN AMENDMENTS M
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CITY OF TIGARD, OREGON'
ORDINANCE NO. 84-4.� 7
AN ORDINANCE AMENDING SECTIONS 18.32.090 APPROVAL AUTHORITY RESPONSIBILITIES,
18.32.330 TRANSCRIPTS and 18.130 CONDITIONAL USES OF THE TIGARD COMMUNITY
. DEVELOPMENT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Section 18.32.090 C.2. of the Community Development Code shall be
amended, as follows:
"2. A quasi-judicial comprehensive plan map amendment,
pursuant to procedures for decision making set forth
in Chapter 18.30 of this code.81
Section 2. Section 18.32.330 of the Community Development Code shall be
revised as follows:
"18.32.330 Trans+cr
A. Within 20 days after the filing of the notice of
review, the City shall provide each Council member,
the applicant and the NPO .(if requested), a copy of
the complete transcript of the hearing and a copy of
the minutes-
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B. The appellant shall be responsible to satisfy all
costs incurred for preparation of the transcript.
Payment shall be made in full at least 5 days prior to
is
i " the hearing.
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C. Any other. party requesting a copy of the transcript
shall be charged the actual copy costs." : }
Section 3. Section 18.130.150 of the Community Development Code shall be
amended to include the following:
"16. Cultural Exhibit and Library Services
1. Applicable zones: R-3.5, R-4.5, R-7.
2. Minimal lot size: see applicable zone.
3. Setbacks: see applicable zone.
4. Height limitation: In accordance with Chapter
18.98.
5. Off-street parking in accordance with section
18.106.030 8.2.
17. Group Residential (Care):
1. Applicable zones:. Single family residential and
multiple family residential.
2. Minimum lot size: 5,000 square feet.
3. Minimum setbacks: see applicable zone.
4. Height limitations: see applicable zone.
ORDINANCE NO 84
PAGE 1
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5. Site design review in accordance with Section
18.120. .-
6. Compliance with all State requirements.
\ 7. Off-street parking in accordance with section
18.106.030 A.6.
18. Public Safety Services and Utilities and Minor Impact'
Utilities:
Applicable zones: Single and multiple family
residential.
2 Minimum lot size: 5,000 square feet.
3. Setbacks: see applicable zone.
4. Height restrictions: In accordance with Chapter
18.98.
5. Off-street parking and Loading requirement: See
Section 18.106 for applicable use.
6. Screening and site design review in accordance , :
with Chapter 18.100 and 18.120.
19. Parking Services:
1. Applicable zones: Multiple family residential.
2. Minimum lot size: 5,000 square feet.
3. Minimum setbacks: For structures - see applicable
zone. for parking area 5 feet. Around
perimeter of paved area for landscaping and
screening purposes.
4. Height limitations: see .applicable zone.
5. Off-street parking requirements: See Chapter
" ( 18.106 for applicable use.
6. Screening and site design review in accordance
with Chapter 18.100 and 18.120. {
20. Manufactured/Mobile Home Parks: See Chapter 18.44.
Automobile and Equipment, Sales and Rental: Equipment
and Repair - Light
1. Applicable zone: General Commercial.
2. Minimum lot size: see applicable zone.
: 3. Minimum setbacks: see applicable zone, and a
5-foot landscaping strip between right-of-way line
and auto display area.
4. Height limitation: see applicable zone.
5. Off-street parking and loading requirements: see
Chapter 18.106 for applicable use.
6. Screening and site design review in accordance
with chapter 18.100 and 18.120.
21. Group Residential (Children's pay Care) :
1. Applicable zone: Single family residential, CDB.
2. Minimum lot size: 5,000 square feet._
3. Minimum setbacks: see applicable zone.
4. Height limitation: see applicable zone.
5. Site design review in accordance with Chapter
r' 18.120.
ORDINANCE E NO. 84 o
PAGE 2 9
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6. State certification in accordance with ORS 418.805
41 8.88 5.
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7. off-street parking in accordance with Section I
18.106.030 B.3 y
22. Eating and Drinking Establishments:
1. Applicable zone: Neighborhood Commercial
2. Minimum lot size: see applicable zone. r`; •
® 3. Minimum setbacks: see applicable zone.
4. ' Height limitations: see applicable zone.
5. Off-street parking and loading requirements: see
Chapter 18.106 for applicable use.
6. Site design review in accordance with Chapter
18.120.01
Section. 4. Inasmuch as it is necessary for the peace, health and safety of
the people of the City of Tigard that this amendment 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.
PASSED: By the City Council by . t...41',5 vote of all Council
members present, after being read by number and title, only,
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this day of 1 �, ,�, , 1984.
• Deputy Recorder - City of Tigard
APPROVED: This day of , 1984.
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Mayor - City of Tigard •
(EAN:pm/0340P) f
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ORDINANCE NO 84--
PAGE
o NPO COMMENTS - Bob Bledsoe, Chairperson NPO # 3, gave background as
why applicant had filed for the partition. They felt Public Works
Director Frank Currie had imposed his own requirements with the
request for a non-remonstrance agreement. They also felt the.
R. conditions created a hardship for the Burkes.
o APPLICANT'S PRESENTATION - Randall Burke explained why they were
unable to file the appeal themselves but where in support of NPO # 3
request.
PUBLIC TESTIMONY
o Robert Campbell, 10368 SW Park, did not want to be part of an LID.
o Duane Ehr, 10425 SW Park, opposed developing 5 citizens properties
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when the property across the street it undeveloped.
o JB Bishop, 10505 SW Barbur, raised several issues regarding LID
policy and what scope the LID would be. He also stated that there
was and agreement made with City Council for the City to do partial
public improvements on Park Street.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o Lengthy discussion followed on whether or not there is a policy for
the signing of non remonstrance agreements. Consensus of the
Commission being that the public improvements should be conditioned,
to the issuance of building permits rather than the partitioning of
the lands
o Commissioner Butler moved for approval, dropping condition number
one; condition number two he will be required to make half-street
' improvements to SW Park Street along his property line before the
.t issuance of building permits. This will go along with all deeds.
Three, leave as it is. Four, before the issuance of building
permits. Leave two as read, should the applicant elect to
construction the applicant shall. . . Motion seconded by
Commissioner Leverett.
� Yt
o Commissioner Moen commented that he felt the Commission should be
careful in striking number one as the policy for a non-remonstrance
did not come lightly.
o Commission Butler stated there is no written policy regarding
non-remonstance agreements
o Motion carried by unamious vote, President Tepedino and Commissioner'
_; Moen voting no.
5.7 ZONE ORDINANCE AMENDMENT ZOA 1-84 Quad.-Judicial. Plan Amendments,`
A request by the City of Tigard to amend Sections 18.30.030 and )
18.32.090(C) and (D) of the Community Development code to limit
quasi-judicial comprehensive plan amendment applications to twice a year.
PLANNING COMMISSION MINUTES February 7 1984 Page 7
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` O Associate Planner Newton made staff's recommendation to forward t0
City Council with recommendation of approval.
0 NPO COMMENTS - Bob Bledsoe, NPO 3, supported staff's recommendation.
• PUBLIC TESTMONY - No one appeared to speak.
COMMISSION DISCUSSION AND ACTION
o Commissioner Moen moved and Commission Edin seconded to forward ZOA
1-84 to City Council with recommendation of approval. Motion carried
unanimously.
' 5.8 ZONE ORDINANCE AMENDMENT ZOA 2-84 Transcripts
A request - by the City of Tigard to amend ' Section 18.32.330 of the
Community Development Code to require preparation of transcripts for City
Council members prior to public hearings on appeals of land use matters.
o Associate Planner Newton made staff's recommendation to forward to
City Council with recommendation of approval.
, a
PUBLIC TESTIMONY - No one appeared to speak
COMMISSION DISCUSSION AND ACTION
o Discussion on how this would change back to the way transcripts were'
required before the adoption of the Community Development Code.
o Commissioner Moen moved and Commissioner Butler seconded to forward
ZOA 2-84 to City Council with recommendation of approval.
Motion carried by majority vote, Commission Edin voting no.
5.9 ZONE ORDINANCE .AMENDEMENT ZOA 3-84 Conditional Use Standards
A request by the City of Tigard to amend Chapter 18.130 of the Community
Development code adding standards for approval of Conditional Uses in all
zones.
o Associate Planner Newton, explained that due to numerous retyping of
the Community Development Code, some conditions approved in the
initial draft of the code were omitted from the final version.
PUBLIC TESTIMONY -- No one appeared to speak
COMMISSION DISCUSSION AND ACTION
o Commission Owens moved and President Tepedino seconed to amend
section 18.130.150 of the Community Development code to include
standards as recommended by staff. ,:
Motion carried unanimously.
' PLANNING COMMISSION MINUTES February 7, 1984 Page
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7. PUBLIC HEARING - ZONF ORDINANCE AMENDMENT
AMENDMENTS
A recommendation from Planning Commission for approval to amend Section
• 18.32.090(C)(2) of the Community Development Code tp• limit quasi-judicial
comprehensive plan amendment applications to twice a year.
a. Public Hearing Opened
b. Director of Planning and Development reported that this was proposed
to correct the code so that quasi-judicial plan amendments be limited
• to being filed only twice yearlyo i
a, •
PAGE 2 -° COUNCIL MINUTES
c. Public Testimony: No one appeared to speak.
d. Director of Planning and Development reported that Planning
Commission recommended approval by unanimous vote.
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e. Public Hearing Closed
U - f. Motion by Councilor Cooks seconded by Councilor Scheckla to approve
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.-: request and direct staff to prepare ordinance: adopting findings for
3/12/$4 meeting. ,
Approved by unanimous vote of Council present
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AGENDA ITEM 5.7
February 7, 1984, PC MTG.
TO: Planning Commission
FROM: Planning Staff
DATE: February 2, 1984
SUBJECT: Quasi-Judicial Plan Amendments ZOA 1-84
Staff believes that in order to enforce the intent of the City Council in
regard to quasi-judicial plan map amendments, the community Development Code
needs to be amended. Presently, in the quasi-judicial section of the
Development Code (Chapter 18.32) , there is no limitation placed on when or how
often quasi-judicial plan amendment applications can be filed. In the
legislative section of the code (Chapter 18.30) there is specific language
which limits the time of year legislative plan amendment applications can be
filed. Staff recommends that Chapter 18.32 be amended to limit acceptance of
quasi judicial plan amendment application to twice a year in conformance with
Chapter 18.30 of the Development Code.
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STAFF RECOMMENDATION
Staff recommends amending Section 18.32.090 C. 2. of the Tigard Municipal Code
as follows:
C. The Planning Commission shall conduct a public hearing in the manner
prescribed by this Chapter and shall have the authority to approve,
deny, or approve with conditions the following development
applications
1. Subdivision applications pursuant to Chapter 18.160; !: '
2. A quasi-judicial comprehensive plan map amendment, pursuant to t
procedures for decision making set forth in Chapter 18.30 of :.'
this code.
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65 SVy Walnut,Tigard,Oregon.Further inform ttion may be obtained from
k Director of•Piaenning and Development at t 5 SW Ash Ave., Tigard,
Oregon 97223 or by calling 639-4171.
COMPREHENSIVE PLAN AIVIPtialleIVIENIC CPA, 18-83 Russ Krueger NPO # 7
(continued from January 3,I9844'Planning Commission Meeting)
SUBDIVISION S 10-83 Shadow Park NPO#I to
A request by Century 21 Properties to subdivide approximately 20.38
acres to develop 80 single fatuity detached homes.Property is designated -e •
low density residential and central business district.Property is zoned R
4.5 tutd R-12.Located at:9125 SW O'Mara•St, (Via.County Tax Map 2S1
2DB lot 400 and 500)
SUBDPVISION S 1-84 Gallo's Vineyard NPO#7 gp
A request by Alpha Engineering for a 15 lot single family subdivision on:w
3.17 acres(approx.7,500 sq.ft.ea.).Property is d lgnatedt low density-
and is zoned R 4.5 lofted Sw,113th and SW Tigard'Std(Via.Co.Tom'
Map 1S1 34DC lot 2901). } k
SUBDIVISION S 11-83 Colony Creek Estates II,III,IV NPO#5` a,
A request by Titan Propertiela to subdivide 15.27 acres to pm vide 34
townhouse units and 67 single family detached units. The property is
designated medium density residential and is zoned R 7PD and R-12.
Located at:'SW,Hall Blvd.and SW Finn()Creek Drive(Wa:Co.Tax Map
"`' 2S1 12BB lots 100,101,3400,3601,3700 and 4300).
SUBDIVISION S 2-84 BOND PARK HI NPO#5 •
A request by Waverly Construction Co.to.subdivide 5.13 acres into 33 lots
of approximately 5,000.6,000 sq.-ft.The property•is.designated medium
density residential and is zoned R-12.Located at Between SW 79th and,
SW 81st of Durham Road,(Wa.Co.Tax,•Map 251 12CC lot.100,1900 and
2000).
MINOR LAND PARTITION MLP'11-84 chit&Kelly Burke NPO#3 }
An appeal of conditions I, 2 and pibly 4,of the planning Director's
decision of approval to
Pp partition.a one acre lot into three lots,(two flag -.
lots,10,610 sq.ft.and a third lot,21,961 sq.ft.).Property is designated low
density residential and is zoned R 4.5.Located at;,10475 SW Park St.(251
2CB lot 1400).
ZONE ORDINANCE AMENDMENT 201C1;84 Judicial Plan Aa etedmetit i
A request by the City of Tigard to amend Sections 18.30.030 ,and
'18.32.090(C)and(D)of the Community Development code to limit quaff
. •judicial comprehensive plan amendment applications to twice a year. •
ZONE OR)INANCE'AMENDMENT ZOA 2-84 Transcripts
" A request by tie City of T'igarcl,'to amend Section 18:32.030 of the Connell'. � •:
pity Development Code to require preparation of transcripts for City
Council members priornto public hearings on appeals of land use matters. ;t
ZONE ORDINANCE AMENDMENT ZOA 3-84 Conditional Use Standards
A request by the City of Tigard;to amend Chapter 18.130 of the Communi =
ty DeveIopment Code adding standards for approval of Conditional Uses •
in all zones. ,
ZONE CHANGE ZC 1-84 Historic District Designations .
A request by the City of Tigard to designate specific parcels of land as
historic overlay districts(HD)in conformance with the adopted compre-
hensive Land Use Plan. Properties are the,Durham School Site (Wash.
Co.Tax Map 2S1 13B lot 300)the John Tigard House(MaP.2S1 11BC lot
2600)and the 121st windmill(Map 1S1 34CC Iot 2000)
TT6307 Publish January 26,1984
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