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ZOA2-85 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. Jl ti•1 Sc,mrx;;'S"i,-,':'i r�94-g,; `'� u' -ti l;,' ir'.t,a''s.?t .Jiw �i'.,.s-,' a a:+ Sections 18/68.030, ZOA 2-85 d a } `18.70.030, 18.72.030, & 18.100.090 f . t` 1. I - • li s ;1 ' • 4k y 1i. s i 1, f' v. CITY OF TIGARD Washington County, Oregon j. NOTICE OF FINAL DECISION -- BY CITY COUNCIL (Sec. 18.32.380) _ : . 1, Concerning Case Number(s): ZOA 2-85 M 1, M 2, Name of Owner: N/A 6 ,.. 3 Name of Applicant: City of Tigard Address 12755 SW Ash Ave. City Tigard. State OR Zip 97223 ' i 4, Location of Property Address N/A ---- Legal Description_ N/A . Nature of Application: Amend Sections 18.68.030, 18.70.030, 18.72.030, and 5 N18. 100.090 pof the Tigard Community Development Code Code. 6. Action: The Tigard City Council made amendments to Section 18.68.030, 18.70.030, 18.72.030 and 18. 100.090 by adoption of Ordinance No. 85-14 on ... 4-8-85. A copy of the ordinance is attached for file. 7. Notice: Noticia was published in the newspaper, posted at City'' Hail and mailed to: X_X The applicant & owners : n./a Owners of record within the required distance • XX The affected Neighborhood Planning Organization a XX Affected governmental agencies - 8, Final Decision: THE DECISION SHALL BE FINAL ON _ 4-8-85 The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, ;. P.O. Box 23397, Tigard, Oregon 97223. 9. uest .ons: If you have any questions, please call the City of Tigard City Recorder, 639-4171. (0257P) ;. CITY OF TIGARD, OREGON ORDINANCE NO. 85-_J AN ORDINANCE AMENDING SECT-IONS 18.68.030, 18.70 030, 18.72.030, AND 18.100.090 • OF THE TIGARD COMMUNITY DEVELOPMENT CODE; AND DECLARING AN EMERGENCY. (ZOA 2-85) WHEREAS, the Community Development Code allows For certain residential uses within the I--P, I—L, and I—H zones; and WHEREAS, it has been recommended by the Tigard Planning Commission that these uses be listed within the "permitted uses" section of each industrial zone; and WHEREAS, the City's policy regarding fence height is unclear; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Sections` 1 Sections 18.68.030, 18.70.030, and 18.72.030 of the Community Development Code shall be amended by adding the following subsection: (4) A single—family detached units or a single manufactured/mobile home provided that the uses are limited to the following: (A) A dwelling for ,a caretaker or superintendent which is located on the same site with the permitted industrial •' use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or (B) A dwelling for a kennel owner or operator which is located on the same site with the kennel and is s occupied exclusively by the owner or operator of the kennel and family. Section 2 Section 100.090 of the Community Development Code shall be amended as set forth below. Items to be added are underlined and items to be deleted are shown in [brackets] . 18. 100.090 Setbacks for fences or walls. (a) No fence or wall shall be constructed which exceeds the standards in subsection (b) of this section except when the [hearings officer] approval author , as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted by this section in order to mitigate against potential adverse effects. (b) Fences or Walls: ORDINANCE NO. 85— / Page 1 s. ■ (1) May not exceed three feet in height in a required front yard or six feet on a corner side' yard or eight (8) feet in all other locations and in all cases shall meet vision clearance area requirements (Chapter t 18. 102); (2) Are permitted outright in side yard or rear yards to a ,` height of six feet; (3) Located in a side yard and which [exceed] are between six and` eight feet in height shall be subject to building permit approval; (4) Located in the front yard or corner "side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; s: (5) Located within a corner side shall. ,be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 83-52 Exhibit A (part 1983) , ` 3 n PASSED: By _ .,, -�-,,. vote of all Council members pr-esutt after being read by number and title only this Ji day ..- of 2 195 : dit-4. * &'}/ ( • D-•qty City Recorder - City of Tigard ;, APPROVED: This S)-/ti e day of ...-rd 1985. +3^ air - City of Tigard 1153P I: i OPDT:ihANCE NO 85-- / Page 2 TIGARD PLANNING COMMISSION REGULAR MEETING — FEBRUARY 5, 1985 1. President Moen called the meeting to order at 7:35 PM. The meeting was i.. held at Fowler Junior High — LGI Room — 10865 SW Walnut. 2. ROLL Call: PRESENT: President Moen; Commissioners Butler, Fyre, Peterson, Vanderwood, Bergmann, Campbell, Leverctt. ABSENT: Commissioner Owens STAFF: Associate Planner Keith Liden; Secretary Billie Rawlings, 3. APPROVAL OF MINUTES * Commissioner Bergmann moved to approve minutes of January 8, 1985 � pP with one correction, which was to change the set—over date of CPA 27-94 under Item 5.1, from February 8, 1985, to February 5, 1985. Seconded by Commissioner Butler. President Moen abstained. Motion carried by majority vote, 4. PLANNING COMMISSION COMMUNICATION * Mrs. Ball delivered a letter to the Commission thanking them for 11 recognizing her on her birthday. 5 PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 27-84 CITY OF TIGARD/MALLARD LAKES' is •� A request by the City of Tigard to designate property known as Mallard,.'.''. Lakes as Wetlands. Located: North of SW Sattler St. , between Launalinda Park and Scheckla Park subdivisions (WCTM 251 1.1AD lot 6500). Associate Planner Liden gave staff presentation to designate the ponds and shoreline as wetlands area. Commissioner Bergmann questions potential requirements for the road between the ponds. P Associate Planner Liden explained the special requirements relating to wetlands requirements. I o President Moen questioned impact possibilities to the surrounding property owners. h ° Commissioner Fyre questioned the difference between "wetlands" vs, ° "sensitive lands", Associate Planner Liden explained that the wetlands designation is for consistency with the surrounding area, and the restrictions are different. With the Sensitive Lands designation, any development f' has to be approved by the Hearings Officer. With the wetlands designation, it does not. ?$ PLANNING COMMISSION MINUTES -- February 5, 1985 — Page 1 t 0 PUBLIC TESTIMONY 0 Robert Westland, Rt. 3, box 160A-26, Sherwood, stated he is the owner of the property, and has no objections as long as they obtain the right-of-way between the ,ponds. . PUBLIC HEARING CLOSED b Commissioner Leverett abstained. 0 Commissioner Bergmann questioned the possibility of looking at .r other areas in Tigard for Wetlands. motion by Commissioner Fyre to send recommendation to City Council. Seconded by Commissioner Butler. Motion carried unanimously by Commissioners present. 5.3 ZONE ORDINANCE AMENDMENT ZOA 1-85 COMMUNITY DEVELOPMENT CODE REVISIONS 0 Associate Planner Liden presented staff report with explanation for .. proposed housekeeping changes to the code: 18.24.030, Penalty 18.56.050, Dimensional requirements (R-25 zone); 18.60.030, Permitted Uses (C-•N zone); 18.62.030 Permitted Uses (C--G zone); 18.66.050, Dimensional requirement non-residential (CBD zone); 18.106,030, Minimum off-street parking requirements; 18. 106.040, Modification to parking requirements; 18. 114.060, Sign exemptions; 18.114.070, Certain signs prohibited; 18.114.130, Zoning district regulations (Signs); 18.130, Conditional Use Section; Chapter 18.144, Accessory Uses and Structures. } * The was considerable discussion regarding the sign code changes, and staff's problem with policing illegal signs, the need to remove doubt as to the type of signs not permitted in the Code, and extension of the moratorium period on illegal signs. PUBLIC HEARING CLOSED Motion by President Moen to send to City Council for approval items ZOA 1-85 with revisions on #2. To omit all references to R-20 in Chapter 18.56, and delete suggested p ..changes to Sections 18.144.062 of the Code for further research. Seconded by Commissioner Fyre. Motion approved by majority of Commissioners present. 6. OTHER BUSINESS Associate Planner Liden advised Commissioners that Rosebud Estates has reqested a 6-month extension for the subdivision S 4-84 and PD 1-84, . Motion to approve by Commissioner Bergmann. Seconded by Commissioner Vanderwood. Commissioner Butler voting Nay. Motion approved by majority of Commissioners Present. PLANNING COMMISSION MINUTES -- February 5, 1985 - Page 2 1, 'L 8 Hallberg Homes, just north of Chessman Downs, has requested a S month b. extension. on their subdivision S 5-84. ` Motion to approve by Commissioner Bergmann, seconded by Commissioner Fyre. Approved by majority of Commissioners present. Commissioner Leverett requested the possibility of having these subdivision extension requests added to the agenda as a special item, with a map marked of the area involved. 7. ADJOURNMENT 8;55 P.M. Billie Rawlings, Secretary ATTEST;; President Don Moen ".. (br/0992P) , •4 .. 1 , • t ,a. PLANNING COMMISSION MINUTES February 5, 1985 -- Page 3 Y�`~ _ � .. . . �..• ' .. .. .pit _.. � ._ . .. • v * Commissioner Campbell moved and _Commissioner Bergmann seconded to n approve SCE 1-85 pet staff's recommendation and to require staff to 4' compose the final order and have President Moen sign off on that final order. Motion carried unanimously by Commissioner present. • 5.7 ZONE FtD]CNANCE AMENDMENT 20A. 2-SS COMMUNITY DEVELOPMENT CODE Review Sections 18.68.030, Industrial Park Permitted Uses; Section 18.70.030, Light Industrial Permitted Uses, Section 18.72.030, ' Heavy Industrial Permitted Uses. Also Section 18.100.090 Setbacks for fences or ). walls. Associate Planner Liden ''reviewed the memo and made staff's recommendation €' requesting the Commission forward recommendations to city Council with approval. o Discussion followed regarding fence heights. * Commissioner Owens moved and Commissioner Bergmann seconded to forward staff's, changes to City Council with recommendation for approval. Motion passed unanimously by Commissioners present. 6. Other Business o There was no other business. 7. Adjournment 11:45 P.M. , • D =ne M. Jeld : , Secretary tr • } ATTEST: .. .e .: ,. _. r • A. Donald Moen, President: '-• 1082P { • dm. . 4. h PLANNING COMMISSION MINUTES March 5," 1985 Page 7 AGENDA ITEM_, 5.7 PLANNING COMMISSION March 5, '1985 MEMORANDUM CITY OF TtGARD, OREGON :, 9 k TO: Planning Commission March 1, 1985 FROM: Keith S. 'Liden ,‘-.I. (/// ,7?) 20/4 .0_46,4..s ,'••-•• SUBJECT ZOA 1-$.) 'Ilit'i4'/t'd. As a part of the zone ordinance amendment Chapter 18.144 of the Code, one subsection was to be transferred to the Permitted Uses sections of the industrial zones. The wording is noted below and the location of this .�" insertion is noted on the attached pages (Sections 18.68.030, 18.70.030, & 18.72.030): (4) A single-family detached unit or a single manufactured/mobile home. provided that the uses are limited to the following: (A.) A dwelling for a caretaker or supertendent which is located on ' the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial - i use and family; or (B.) A, dwelling for a kennel owner or operator which is located on . the same site with the kennel and is occupied exclusively by the: owner or operator of the kennel and family. (Ord.. 83-52 Exhibit } A (part), 1983). The issue of maximum fence height was also discussed and the staff is recommending an eight (8) foot limit to be inserted as shown in Section 18.100.090 of the Code. This section is attached' • a' 1062P 1 dmj -t 3 x1N r C� r.-L, •- Qo,. LB .b8 .U40--18 . 68 .05u < r exceed ten percent of the total square footage within the office complex) (I) Laundry services; F;<. (J) Research services ; (K) Vehicle fuel sales; (L) Eating and drinking establishments (not to exceed ten percent of the total square footage within the development complex) (M) Participation sports and recreation: ( i) Indoor, (ii) Outdoor; (N) Professional and administrative offices. (3) Industrial Use Type . (A) Manufacturing of finished products; (B) Packaging and processing; (C) Wholesale, storage and distribution: ( i) Miniwarehouse, (ii) Light. (Ord. 83-52 Exhibit A(part) , 1983) (iI 18 .68 „040 Conditional use (Chapter 18 .130) . Conditional uses in the I-P district are as follows: (1) Day care facilities, limited to ten percent of total complex; (2) Heliports, in accordance with the Aeronautics Divi • sion (ODOT) and the FAA; (3) Utilities. (Ord. 83-52 Exhibit A(part) 1983) 18. 68 .050 Dimensional requirements . Dimensional require ments in the I-P district are as follows (1) There Are no minimum- lot area requirements. (2) The average minimum lot width shall be fifty feet. (3) The minimum setback requirements are as follows: (A) The front yard setback shall be a minimum of thirty-five feet, - 4k . - .< - e (B) On corner lots and through lots the setback . ' shall be a minimum of twenty feet on any lot facing a street; however, the provisions of Chapter 18 . 102 , Visual Clearance Areas, must be satisfied; (C) No side yard setback shall be required except fifty feet shall be required where the I-P zone abuts a residential zoning district; (D) No rear yard setback shall be required except fifty feet shall be required where the I--P zone abuts a resi- dential zoning district; (E) All building separations must meet all Uniform Building Code requirements. (4) Except as otherwise provided in Chapter 18 .98 , • Building Height Limitations, no building in the I -P zoning district shall exceed forty-five, feet in height . (5) The maximum site coverage shall be seventy-five percent, including buildings and impervious surfaces 290 (Tigard 9, o4 ) - r s 18 . 70 . 030--18 . 70 . 050 { 18 .70 . 030 Permitted uses . Permitted uses in the I-L district are as follows : (1) Civic Use Types. (A) Public support facilities; (B) Parking services; (C) Postal services; (D) Public safety services . (2) Commercial Use Types . (A) Agricultural sales; , (B) Agricultural services; (C) Animal sales and service: ( i) Auctioning, ii) Kennels, (iii) Veterinary, small and large animals ; " t (D) Automobile and equipment: ( i) Cleaning, ( ii) Fleet storage, (iii) Repairs, heavy and light, ( iv) Sales and rental, heavy equipment, farm equipment, light equipment; (E) Building maintenance services; ` (F) Construction sales and services; (G) Laundry services; (H) Research services; (I) Vehicle fuel sales. J'. (3) Industrial Use Type. (A) Manufacturing of finished products (B) Packaging and processing; (C) Wholesale, storage and distribution: 1) Miniwarehouse, ` (ii) Light. (Ord. 83-52 Exhibit A(part) 1983) . 18 . 70.040 Conditional use (Chapter 18 . 130) . Conditional uses in the I-L district are as follows: , (1) Heliports, in accordance with the Aeronautics Divi- sion (ODOT) and the FAA; (2) Utilities; (3) Vehicle fuel sales with convenience sales. (Ord - 83-52 Exhibit A (part) , 1983) . 18 . 70 . 050 Dimensional requirements . Dimensional require- menu n the I-L district are as follows : ~ (1) There are no minimum lot area requirements . • (2) The average minimum lot width shall be fifty feet. (3) The minimum setback requirements are as follows : (A) The front yard setback shall be thirty feet,�� ' - r - - - me 1 .a all±s c ,�.:.� r. (B) On corner lots and through lots, the setback shall be twenty feet on any side facing a street; however, r.. 292 (Tigard 4 /84 ) r • } 18 .72 .040--18 . 72 . 060 ( 11) Light, . (i'ii) Heavy (Ord. 83--52 Exhibit A(part) , 1983) . 18 . 72 . 040 Conditional use (Chapter 18 - 130) . Conditional uses in the I-H district are as follows: (1) Heliports art) , Z983) . (2) Utilities (Ord. 83-52 Exhibit A(P 18 . 72 .050 Dimensional requirements. Dimensional require- ments in the I-H district are as follows: (1) There are no minimum lot area requirements . (2) The average minimum lot width shall be fifty feet- (3) The minimum setback requirements are as follows: (A) The front yard setback shall be thirty feet (B) On corner lots and through lots, the setback shall be twenty feet on any street facing a street; however, the P rovisions of Chapter 18. 102 , Visual Clearance Areas, must be satisfied; (C) No side yard setback, shall be required except fifty feet shall be required where the I-H zone abuts a resi- dential zoning district; (D) No rear yard setback shall be required except fifty feet shall be required where the I-H zone abuts a resi- dential zoning district; (E) All building separations must meet all Uniform ;' Building Code requirements. (4) Except as otherwise provided in Chapter 18 .98 , �. Building Height Limitations, no building in the I-H zoning district shall exceed forty-five feet in height. (5) The maximum site coverage shall be eighty-five percent, including buildings and impervious surfaces. (6) The minimum landscaping requirement shall be fif- teen percent. (Ord. 84-29 §l(Exhibit A(part) ) , 1984 ; Ord- 83-52 Exhibit A(part), 1983) . 18.72 .060 Additional requirements Additional require- ments for the I--H district are as follows: hapter 18 e 108 ; (1) Off-street parking, and loading, ` . (2) Access and egress, Chapter 18. 108; (3) Landscaping and screening, Chapter 18 . 100 ; (4) Signs, Chapter 18 . 114 ; (5) Nonconforming situations , Chapter 18 . 132 ; (6) Sensitive lands, Chapter 18 . 84 . (Ord. 83-52 Exhibit A(part) ., 1983) . . '; 295 (Tigard 9/84) 3 b �r ( height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18 .102. (Ord. 83-52 Exhibit A(part) , 1983) . 18.100. 090 Setbacks for fences or walls . (a) No fence or wall shall be constructed which exceeds the standards in subsection (b) of this section except when the hearings officer, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise per- mitted by this section in order to mitigate against potential adverse effects. 1* tI6W 64 • �� 1tB-g. (b) Fences or wallsN��. era�oJ� (1) May not exceed three feet in height in a required front yard or six feet on a corner side yard and in all cases shall meet vision clearance area requirements (Chapter 18.102) (2) Are permitted outright in side yards or rear yards to a height of six feet; &16 (3) Located in a side or rear yard and which sixAfeet in height shall be subject to building permit ap- proval; (4) Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth, in the applicable zone; (5) Located within a corner side shall be no closer , than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 83-52 Exhibit ,A(part) 1983) 18 .100.100 'Height restrictions. (a) The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls l or landscaping required to screen such areas or space shall be measured from the level of such improvements. (b) An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. (Ord. 83-52 Exhibit A(part) , 1983) 18.100.110 Screening, special rovis ©ns (a) Screen- ing of Parking and Loading Areas . Screening of parking and loading areas is required. The specifications for this screening are as follows: 4v (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use -I of landscaped berms, decorative walls and raised planters. 314-26 (Tigard 4/84) w. • 8. ZONt CHANGE ANNEXATION ZCA 1-85. COMPREHENSIVE PLAN AMENDMENT CPA 2-85 GENE AND VIVIAN DAVIS NPO #4. Staff summation by Liz Newton. Petition for annexation. Public testimony ' oL - y g1vQn by Proponents: Gene Davis, 10875 SW 89th for annexation to improve services. Other proponents speaking: Shirley Burns, Thomas Ashlot, 9200 SW Oak would like his lot I' annexed also, Judy Ashlot also, Brian Adamson, Joel Adamson would like his lot annexed also, Sharon Van Dana Randy Jungworth, Andy Cox, Darrell j ;. Dunford Bertha Dunford and Shirley Melton are in favor, Opponents--Nancy Lou Tracy concerned about the special area designation and the wildlife, John Blomgen opposed to piecemeal annexation. Others • opposed Alice June, Lucia Hansen, Judy Wood opposed to the piecemeal. John Everitt. 8900 SW Oak again concerned with the special lands and possible zone change. Staff recommends annexation. The { .: . g public hearing was closed Mayor Cook reminded the public that this was not an 1 annexation hearing. Jerry Edwards stated that he would not vote on the issue due to a conflict of interest. but is a proponent. Phil Edin asked about the acreage that was advertised. Apparently, the notice did not include the total acreage to be annexed. Tim Raralis recommend readvertisement. Phil Edin moved to readvertise and to enlarge the area , o to be annexed and include discussion of the legislative intent of the ; Council before the public hearing. Ima Scott. seconded. Vote 4/0/1 abstention by Jerry Edwards. ; 9. PRE iENSIVE PLAN: AMENDMENT CPA 30-84 CITY OF TIGARQ Summation by Liz Newton. J9 Bishop of NPO 1 said they were not notified. Staff assured Council that all NPO chairman and the CCI were notified. This item was held 'off 2 months to allow input by the committees. Council discussion followed. Phil Edin moved to adopt. Tom Brian seconded. f: Approved by unanimous vote of Council present. r 10., ZONE ORDINANCE!. EN'S ZCA ,-4-fib,. CI'T f,z OF TreftRok Summation by Bill Monahan. Tom Brian moved to adopt. Jerry Edwards seconded. -Approved by unanimous vote of Council present, 11. CIVIC CENTER PROJECT & CALL FOR BIDS. Valerie Johnson and Norm Dull spoke about the project. Norm Dull pointed out four deductive ,. alternates: 1. Delete asphalt in undetermined areas. 2. delete entry canopy. 3. delete the library quiet room. 4. delete portion of City Hall including the administrators office, a storage area and a conference room. A resolution requiring pre qualification ication was q g p q presented. .:•, Jerry Edwards moved to pans Resolution 85-22. Tom Brian seconded Approved by unanimous vote of Council present. Tom Brian moved to call for bids, to be opened on May 15, 1985, 8:0O p.m. at City Hall. Ima Scott seconded. Approved by unanimous vote of Council present. F_ 12 CONSENT AGENDA Tom Arian moved to accept the consent agenda removing ` the JS Bishop item from 12.4. Phil Edin seconded. ! Approved by unanimous vote of Council present, i., i I) ji0A,L) }s