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ZOA1996-000022.OA 199 & - 400 4 ,2 W i rN D R � IA)/ TAPoqUA CITY OF TIGAI PROPOSAL DESCRIPTION FILE NO: ZONE ORDINANCE AMENDMENT (ZOA) 96 -0002 FILE TITLE: CITY COUNCIL HEARING DE NOVO APPLICANT: City of Tigard . OWNER: Same 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639 -4171 REQUEST: The City proposes amendment to the Community Development Code Section 18.32.090 D.2.c. to provide for de novo City Council quasi - judicial Comprehensive Plan Amendment hearings. LOCATION: City Wide ZONE: City Wide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Tigard Comprehensive Plan Policies 1.1.1 a., 1.1.1 c., 2.1.1, 2.1.2 and 2.1.3; Community Development Code Chapters 1830 and 18.32. CIT: West, East, South and Central CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION _ HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X PLANNING COMMISSION DATE OF HEARING: TBA TIME: 7:30 X CITY COUNCIL DATE OF HEARING: TBA TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP LANDSCAPING PLAN ARCHITECTURAL PLAN SITE PLAN STAFF CONTACT: Richard Bewersdorff (503) 639 -4171 x316 NARRATIVE X OTHER ZOA 96-0002 C.O.T. /CITY COUNCIL HEARING DE NOVO PROPOSAUREQUEST FOR COMMENTS Agenda Item: Hearing Date: .1996 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON I. APPLICATION SUMMARY CASE: FILE NAME: CITY COUNCIL HEARING DE NOVO Zone Ordinance Amendment ZOA 96 -0002 PROPOSAL: The City proposes amendment to the Community Development Code Section 18.32.090 D.2-.c. to provide for de novo City Council quasi-judicial Comprehensive Plan Amendment hearings. APPLICANT: ZONING DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 N/A City Wide OWNER: N/A Statewide Planning Goals 1 and 2; Tigard Comprehensive Plan Policies 1.1.1 a., 1.1.1 c., 2.1.1, 2.1.2 and 2.1.3; Community Development Code Chapters 18.30 and 18.32. II. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance program according to the findings found in Section III of this report. III. BACKGROUND INFORMATION A recent Comprehensive Plan Amendment (CPA 95 -0006 - Phil Lewis School) brought out that the Community Development Code requires the City Council hearings on quasi - judicial Comprehensive Plan Amendments be limited to the prior record. It has been the practice of the City Council to encourage public testimony for their review. The existing Staff Report City of Tigard /City Council Hearing DE NOVO Page 1 code'language inhibits op• testimony. The City Council wishes to have the opportunity to allow for open testimony at their hearings. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS LCDC Goals: Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITS, DLCD, and Metro. Goal 2 - Land Use Planning. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The proposed ordinance requirements fine -tune existing adopted and acknowledged ordinance requirements. Comprehensive Plan Policies: 1.1.1 a. - This policy requires that legislative changes are consistent with statewide planning goals and the regional development plan. The findings above address statewide goals. Metro was sent a request for comments. 1.1.1 c. - This policy calls for the Comprehensive Plan and the Community Development Code to be kept current with the needs of the community. De novo hearings at the City Council level provides more opportunity for citizen input. 2.1.1 - This policy requires an ongoing citizen involvement process. A request for comments was sent to all City Citizen Involvement Team Individuals and was legally advertised. The proposed amendment increases the opportunity for citizen input to the City Council. 2.1.2 - This policy calls for opportunities for citizen involvement be provided by the City. The proposed amendment increases citizen input opportunity. 2.1.3 - This policy requires that information on issues be available. The staff report and findings, and proposed ordinance have been available for review since , 1996. Community Development Code: Chapter 18.30 - This code section establishes the procedures for legislative amendments to the Community Development Code. Chapter 18.32 - This is the section of the code to which the amendments are being added. Staff Report City of Tigard /City Council Hearing DE NOVO Page 2 V. "OTHER STAFF COMMENTS 41 The City of Tigard Engineering Department and Building Division have reviewed the proposal and have offered ........... A AGENCY COMMENTS Service providing utilities have had the opportunity to review the proposal and have offered the following comments: PREPARED BY Richard Bewersdorff Senior Planner DATE Staff Report City of Tigard /City Council Hearing DE NOVO Page 3 CITY OF TIGARD, OREGON ORDINANCE NO. 96- AN ORDINANCE AMENDING CHAPTER 18.32 OF THE TIGARD MUNICIPAL CODE PROVIDING FOR DE NOVO QUASI- JUDICIAL COMPREHENSIVE PLAN AMENDMENT HEARINGS. WHEREAS, Section 18.32.090 D.2.c. of the Tigard Municipal Code requires City Council hearings to be confined to the prior record; and WHEREAS, the City Council finds that it desires to increase the opportunity for citizen input; NOW, THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Chapter 18.32 "PROCEDURES FOR DECISION MAKING: QUASI- JUDICIAL ", Section .090 D.2.c. is amended by deleting the language in s#F+ke -ou and adding the language underlined. 18.32.090 Approval Authority Responsibilities D. The 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. Subdivisions pursuant to Chapter 18.160 when requested as part of a planned development and /or in conjunction with a variance to the subdivision standards or a variance to any Title 18 requirement; 2. A quasi-judicial comprehensive plan map amendment except: a. The Commission's function shall be limited to a recommendation to the Council; b. The Commission may transmit their recommendation in any form and a final order need not be formally adopted; and ORDINANCE No. 96- Page 1 i C. The Council hearing shall be GGRfined to the pFiGr Feserd de novo and a final order shall be formally adopted; SECTION 2: This ordinance shall be effective 30 days .after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1996. , James Nicoli, Mayor Approved as to form: City Attorney Date iAdtywide \ord\zoa96 -02. ord ORDINANCE No. 96- Page 2