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ZOA2000-00001
1OA2OOO 0000 I "FOR COUNCIL NEWSLETTER" CITY OF TIGARD (Sent on 5/17/2000) Community ODeve(opment ShapingA Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS= N/A FILE NO.: ZONE ORDINANCE AMENDMENT IZOAI 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation —citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: MAY11,2000 DUE: MAY31,2000 El STAFF DECISION DATE DLCD NOTICE WAS SENT:MAY 17,2000(61 days prior to 1't hearing) ❑ HEARINGS OFFICER [MONJ DATE OF HEARING: TIME:7:00 PM E PLANNING COMMISSION [MONJ DATE OF HEARING: JULY 17,2000 TIME:1:30PM E CITY COUNCIL [TUESJ DATE OF HEARING: TO BE ANNOUNCED TIME:1:30PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN,THE PLANNING DIVISION E VICINITY MAP LANDSCAPING PLAN E NARRATIVE E DLCD NOTICE ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Julia Powell Hajduk, Associate Planner (503) 639-4171. Ext. 407 LAND USE PROPOSAL ZONE ORDINANCE AMENDMENT Atr� i!i'� TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 PRE-APP.HELD WITH: Jail GENERAL INFORMATION DATE OF PRE-APP.: Property Address/Location(s): FOR STAFF USE ONLY Z04 a 3 -0/ Tax Map&Tax Lot#(s): _ Case No.(s): ODA 24-o o- 000 0/ Other Case No.(s): Site Size(s): Receipt No.: Oo4Y5/o 0006y4 Application Accepted By: J P_ Property Owner/Deed Holder*(s): Date: 3-/v--20-6-(= Address: Phone: i. /L-P City: Zip: _ ' '1� ' �. > Date.Determined To Be Complete: Applicant*: - - - _ _ Adm.", _ v Address: —15-0-5- )� Phone: Z,p(.—y:245 Comp:Plan/Zone Designation: Zip: 7 z_ (( _ .. * When the owner and the applicant are different people, the CIT Area: applicant must be the purchaser of record or a lessee in possession Rev.11/26/98 i:\curpin\niasters\zoaa.doc with written authorization from the owner or an agent of the owner - with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request a Zone Ordinance Amendment(if applicable)from [KApplication Form to ... - - - - - '' - ' - - • -_ ••n ON...The applicant requests an amendment to the following sections Title Transfer Instrument or Deed - of the Comprehensive Plan or Community Development Code Site/Plot Plan (please be specific): A/74-e.7,4 ��f 't '7461 (#of copies based on pre-app check list) It57r,,Q, D Ue- ) !4 Site/Plot Plan (reduced 8'/2"x 11") /44 Applicant's Statement (#of copies based on pre-app check list) 4,04 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes Filing Fee $1,415.00 1 0 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this / 3 day of /C4'( , xf Owner's Signature 007:1Merig nature Owner's Signature Owner's Signature 2 • 111 Customer Receipt CITY OF TIGARD Printed:03/14/2000 09:50 User: front Station: 02 Operator: KJP Rcpt No: 0000646 Date: 03/14/2000 Customer No:000000 Amount Due: 1,400.00 Name: DAN QUELLO Cash: 0.00 Address: 16445 SW 92ND AVE Check: 1,400.00 TIGARD, OR 97224 N/A : 0.00 Change: 0.00 Type Description Amount LANDUS Land Use Applications 1,400.00 dt, / Ho • • • Customer Receipt CITY OF TIGARD Printed: 03/14/2000 09:48 User: front Station: 02 Operator: KJP Rcpt No: 0000645 Date: 03/14/2000 Customer No:000000 Amount Due: 15.00 Name: SPENCER VAIL Cash: 0.00 Address: 4505 NE 24TH Check: 15.00 PORTLAND, OR N/A : 0.00 Change: 0.00 Type Description Amount LANDUS Land Use Applications 15.00 • • ieill/iin!pi l�1111�`' • CITY OF TIGARD OREGON May 15, 2000 Bruce Vincent 825 NE 20th Avenue, Suite 300 Portland, OR 97232 RE: Requested Zone Ordinance Amendment to Historic Overlay Zone Dear Mr. Vincent: This letter is to acknowledge receipt of the additional information submitted in response to the City's 4-4-00 incompleteness letter. Staff has deemed the application complete and has scheduled the project for review before the Planning Commission. Once the Planning Commission recommendation is made, the matter will be forwarded to the City Council for a decision. Staff has scheduled a Planning Commission date for July 17, 2000. A City Council date can not be scheduled until the Planning Commission recommendation is made. Please feel free to contact me at 639-4171, ext. 407 if you wish to talk about this letter or the application. Sincerely, ulia Powell Hajduk Associate Planner i:curpin/julia/Quello let2.doc c:IOA2000-00001 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 Spencer H. Vail 2845506 P. 01 SPENCER VAIL O PLANNING CONSULTANT • May 15,2000 Julia Hajduk City of Tigard Planning Dept. 13125 SW Hall Blvd. Tigard, OR 47223 re: ZOA 2000-00001 Dear Julia As you know,last March I filed an application for an amendment to the Development Code on behalf of my client Dan Quello. The purpose of this letter is to advise you that Rev. Quello is, in fact,the applicant of the request and that I was acting as his representative. You will note in the filg that he paid the required filing fee(City Rect. No 000646) Because an unusually heavy work load and prior commitments, I am not able to continue as Rev. Quello's representative. I have arranged, with Rev. Quello's approval, to have Bruce Vincent take over this matter. . I should no longer be listed as the applicant. I hope this explanation clarifies the concerns we discussed in pour telephone conversation last Friday and that the record will now reflect the transition that has occurred I#you have further questions, please give me a call. Very " ly yours 'l Post-it®Fax Note 7671 Data s it pages), Co./Dept. Phone e FS•encer II. Vail cc: Bruce Vincent 04/03/00 16:30 $503 684 7297 CITY OF TIGARD UJ001 • • *************************** *** ACTIVITY REPORT **$ **************$************ TRANSMISSION OK TX/RX NO. 5086 CONNECTION TEL 2845506 CONNECTION ID START TIME 04/03 16:28 USAGE TIME 01'29 PAGES 2 RESULT 0-! 2) DRAFT April 3, 2000 Post-it"Fax Note 7671 Dataa_a o iptiaves R 2 TIGARD Yo j e rC_Cr {{114, Fmm ,7111 i 1 ll C/A-- Spencer Vail co t o. �y 4505 NE 24th Phone# Phone u Portland, OR 97211 'W7/X107 Fax# 5-506 Fax# RE: Requested Zone Ordinance Amendment to Historic Overlay Zone Dear Mr. Vail Staff has had the opportunity to review your requested zone change. While all the required submittal information appears to be submitted, I did not want to deem the application complete without allowing you the opportunity to provide additional clarification and justification of your request. While you have technically addressed all of the standards, there is really no compelling argument for why the City should approve this request. In order for staff to recommend approval, you would need to provide a much stronger argument as to why this is in the best interest of the City and how this would serve more than just the individual properties with a historic overlay designation_ Also, discussion of how the proposed uses would be compatible with the underlying zone needs to be addressed in more detail. You have stated that the intent is to allow uses that will provide for revenue to be earmarked towards upkeep of these historic structures. How would the City insure that this is what the profits are used for? It is hard to believe that a person would operate a bed and breakfast for the income to be used for upkeep only. However, if this is typically the case, please provide additional details or supporting information for this. ThosAL/NA RRAT1 VE • BEDSAUL / VINCENT CONSULTING , LLC 825 NE 20TH AVENUE , SUITE 300. PORTLAND , OR 97232 503 . 230 . 2149 ( FAX) 503 . 230 . 211 9 (OFFICE ) FACSIMILE TRANSMITTAL SHEET TO: FROM: JULIA HAJDUK BRUCE VINCENT FAX NUMBER DATE: 684-7297 MAY 10,2000 COMPANY: TOTAL NO.OF PAGES INCLUDING COVER_ CITY OF TIGARD 11 PHUNE NUMBER SENDER'S REFERENCE NUMBER 639-4171 RE; YOUR REFERENCE NUMBER Letters of Support for the wedding/wedding reception use at the Quello residence fl URGENT 0 FOR REVIEW n PLEASE COMMENT Q PLEASE REPLY PLEASE RECYCLE NOTES/COMMENTS: Julia: My client gave me these support letters,and now that I have responded to your 4/4/00 • letter, I would like them entered into the case file record. I talked with my diems and they would very much like to be on the 7/3/00 Planning Commission heating schedule if at all possible. 825 NE 20TH AVENUE, SUITE 300 • PORTLAND, OR 97232 PHONE: 503.30.2119 • FAX: 503,230.2119 10'd 64TE 02E €0S NI11f1SNOJ 1N3JNIC in sa38 60:ST 0002-60-AWW '—n,e31)42,p4Art ) 141 y \ 1_...V 4 ... 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property. These weddings have not been any bother to us_ We think they should be allowed to continue the weddings. Sincerely. 5044, •v s 4/. 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'j 44-ti'd . . ali August Macke ( 11387-19141 m Leutee. die rich hegegnen / Renrunrres / Eneminrc'r / /llenarri / 1914 / NU ' e sur 1.111 pier / • a30,2 x 45,3 cm / Bu)erische Sta:usgemalclesammlungen - Munchen / cliche Artuthck NOUVELLES IMAGES S.A. editcurs 1991 / 45700 Lombreuil - l'r:tnce / ri offset printer! in France / CF I3$I r -st-havi _A-140 la (-4-i,;/M 11* zti4/4 2/14 01.. + TrY U/ - 'to' ? §,-,.)EliiiI.A'd1(3 J -1,01nA4A C) tyvho 19 ia91.,age /4,vdpiootpiwy 2/0 y.isi0 44. ,74.)0 ait?,►kkaw s ii' riayJaloy eav km9 Aiie.6419./-019A ?Jzyt, • MAY-09-2000 15: 14 BEDSAUL VINCENT CONSULTIN 44qr' 4v?"°44 ilerr (ma grzrui 4n "PP ei- rlimm -o TN, (T,riPO "rtY • 503 230 2149 P.04 i • LAW OFFICES J E N N E R & BLOCK MMti�IMOTOM 1Rt. Y, 2ARTMERS019 I$C UDtRa PRQrC$$toMAL COa9ORAT1oMS LA rORG$T'OrhC£ OM;�+cStMiAiTCia otJ,cG 001'Mt LTQeer,M.W. ONE IBM PLAZA I,JtKt PORES;It e0o48 sync 1100 LOUTn (goy>.Tp3•a200 444lairOTO4,0.C.2000e CHICAGO. ILLINOIS 60611-7602 1e.�lsog•seto 0 (=on eas-aooO (!01 l E1y-6006 1312) 224-9350 (312) S27-04134 rAX W0ITER.3 DIAL; t312)923.2487 MAILE H_ SOLIS WRrren'S O(RCCT FAY:(31 2)8407367 t►r1ERMET AooRms:itlsp Selenner.COn'( August 30, 1999 Quello House 16445 SW 92nd Ave. Tigard, OR 97224 Dear Pastor and Mrs. Quello: • My fiancé,Robert Greenlee,and I stopped in on August bth, 1999 and discussed the possibility of holding our wedding ceremony and reception at your house early next fall (2400). We understand that,because of the pending zoning license, you are unable to make reservations for next year at this time. I wanted to write because my fiancé and I were so impressed by your house and the wedding services that you offer. We looked at many different places during the week we were there,and none of them had the personal and friendly feeling we got when we visited your home. My fiancé and I hope to get.married next September,preferably during the Labor Day weekend. However, we have not made any reservations anywhere because we would like to wait to see the outcome of your zoning application. While we understand that you cannot hold any dates for anyone, we would be extremely grateful if you would be willing to contact my mother, who lives in Tigard,when you hear the Board's decision. My mother,Donna Yount, can be reached at(503) 590-7773. Since I live in Chicago, any call to me would be long distance,but in the event that you need to reach me,my home number is (773) 868-4362 and my woiic number is(312) 923-2967. Until then,we will wait with our fingers crossed that your application goes through without a hitch. Thanks very much for your assistance. Sincerely, / (Y\61"11)(4/ f\ik S0'd 617 T Z 02Z 20S N I llIISNOS IN33N I A 1nusa r b T :S T 0002-60-A JW • • PROPOSED CODE AMENDMENT Proposal This proposed amendment is intended to increase opportunities for viable usage of designated landmark structures and improve their chances for continued maintenance and protection as historic resources. In effect,this amendment would allow for certain uses to be allowed on such properties, but only as a conditional use after proper notification and public hearing. Background Information The City of Tigard records indicate that there are 10 properties within the City with a Historic designation. These records also note that all such sites may or may not have the appropriate zoning designation. 18.390.060.E Decision making considerations 1. The Statewide Planning Goals and Guidelines The following Goals are deemed to be applicable to this proposal: Goal 1—Citizen Involvement Comment: The applicant has conducted a public meeting concerning this proposal with written notice going to all owners of property with a historic designation. The list of owners was compiled from the City's records of such properties. The mailing list and minutes of the meeting are part of this application. Goal 2—Land use Planning Comment: This application is making use of established procedures that have been adopted by the City for considering amendments to its Zoning code. Goal 5—Open Spaces, Scenic and historic areas Comment: The proposed amendment will provide another tool for keeping and maintaining sites with a significant historic structure. Goal 5—Housing Comment: Approval of the proposed amendments will not jeopardize the housing goals of the City. The proposal does not affect densities or buildable lands. It does, however,provide for an economic incentive for the maintenance of structures of historic significance. The conditional use procedure, coupled with the proposed development guidelines, can assure minimal impacts on adjoining land uses. • • • Code Amendment Historic Designation 2. Any federal or state statutes or regulations Comment: Standards for Historic preservation Projects, a publication of the Technical Preservation Services Division of the US Department of Interior deals mainly with exterior and/or architectural changes to a building that could alter those features that make qualify the structure as historic. Little, if any, attention is paid to the use of the structure itself. The adoption of the proposed amendments does not appear to create conflicts with either state or federal regulations governing the use of historic buildings. 3. Any Metro regulations Comment: There are no known METRO regulations currently in effect that would have a bearing on this proposal. 4. Any applicable Comprehensive Plan policies Comment: The following Comprehensive Plan policies are deemed applicable to this proposal: Policy 3.7.1 states that the City shall, amongst other things,promote the preservation and protection of historically and significant structures within the City. By providing options within the Development Code for the ability to conduct for certain land uses on historically designated properties, when the revenue from such uses is earmarked for improvements to the historic structure,the city assures retention of these structures and forestalls redevelopment pressures for that property. Where the implementation strategy indicates that a program should be established to renovate certain historic structures could be used as public purposes such as museums or cultural centers, ie Durham School and the John Tigard home,there needs to be additional incentives for private property owner to generate funds to be used in restoration and maintenance of other historically significant structures. 5. Any applicable provisions of the City's implementing ordinances Comment: The City's Development code sets forth the procedure consideration of Text amendments. This request is following the established procedure beginning with the pre-application conference, neighborhood meeting and the filing of this application. -page2- • • Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone,the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5.guest rooms On-site parking one space per room -rage3- • • • • THE W.E. SHAVER - J.C. BILYEU RESIDENCE • - t . - .a -'w'!`� ::_ ; ,`.��._�_'1�• �1�,�-r;ate, .'v.::1.' - e-a°d^- t J •jit�Y�rRn- • � •&> d l _ r„ - 1 L +' j •A .NATIONAL .REGISTER NOMINATION • • • • • . . PRESENTED TO: • DAN AND.JACQUE QUELLO • 16445 SW 92nd AVENUE . TIGARD, OREGON 97224 • • PREPARED BY: ELIZABETH O'BRIEN • • • ver..3 f-UIIII V."TN (Oct. 1990) United States Department of the Interior • National Park Service National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in How to Complete the National Register of Historic Places Registration Form(National Register Bulletin 16A). Complete each item by marking "x" in the appropriate box or by entering the information requested. If an item does not apply to the property being documented, enter"N/A"for"not applicable." For functions. architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional entries and narrative items on continuation sheets(NPS Form 10-900a). Use a typewriter.word processor, or computer, to complete all items. 1. Name of Property historic name. Shaver-Bilyeu House other names/site number. Ru e l l o Ho us e • 2. Location street & number 16445 SW 92nd Avenue ❑ not for publication city or town Tigard , ❑ vicinity• state Oregon code OR R county Washington code zip code 9 7 2 2 4 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as.amended, I hereby certify that this ❑ nomination ❑ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion,the property ❑ meets ❑ does not meet the National Register criteria. I recommend that this property be considered significant ❑ nationally ❑ statewide ❑ locally. (0 See continuation sheet for additional comments.) Signature of certifying official/Title Date State of Federal agency and bureau In my opinion, the property ❑ meets ❑does not meet the National Register criteria. (0 See continuation sheet for additional comments.) • Signature of certifying official/Title Date State or Federal agency and bureau 4. National Park Service Certification I hereby certify that the property is: Signature of the Keeper • Oats of Action ❑ entered in the National Register. ❑ See continuation sheet. C determined eligible for the National Register ❑ See continuation sheet. ❑ determined not eligible for the National Register. removed from the National Register. '! other. (explain:) • • w� United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number = Page The Shaver-Bilyeu House is a one and one-half story balloon framed house located in the suburban city of Tigard, north of the Tualatin River. The beautifully maintained Queen Anne Cottage styled residence was constructed in 1906 by the F.W. Shaver family. Retaining its use as a private residence, a great degree of its integrity remains on the exterior. Moved back from its original setting ca. 1970 due to a street widening project and reoriented at a diagonal, its immediate context has changed. Despite extensive development of the area, the periphery of the site is open fields in two directions giving a sense of its former rural setting. The Shaver-Bilyeu House demonstrates integrity to its historic appearance, workmanship and use of materials. SITE The Shaver-Bilyeu House is located at 16445 Southwest 92nd Avenue, Tigard, Oregon in the NE 1/4 of Section 14, Township 2 South, Range 1 West of the Willamette Meridian, Tax lot 1300. 92nd Avenue is a small street south of Durham Road adjacent to a recent residential development to the west, Tigard High School to the east. After passing the Shaver House and one .other residence which is well hidden by trees, the street descends to the flood plain of the Tualatin River which is used for recreational (Cook Park) and agricultural purposes. The immediate neighborhood is composed of recent • residential developments and Tigard High School which share the landscape with several older farms. Durham Road intersects Highway 99W (Pacific Highway) to the west and Hall Boulevard directly east. The Shaver-Bilyeu House is sited in the middle of a two acre parcel on a small rise which immediately slopes behind the building. A low rock wall bounds the circular drive with an expanse of grass near the residence. Established western red cedar and fruit trees wrap around the southwest and west sides of the residence. One out building, non historic, is located southwest of the residence. [See Site plan] A paddock with white rail fencing (non-historic) is located at the south end of the parcel with a perennial garden and lawn tennis court directly west of the fenced, grassy area. A well is found northeast of the house with a non-historic pump. A spring is located near the northwest corner of the property. • NPR s..woos• a.r AMMO m..ae+. • United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page . 1 Constructed in 1906, the Shaver-Bilyeu House is the best surviving rural farm residence in the Durham community of Tigard, Oregon. It best represents the social history of Durham in its association with pioneering Shaver family and its contributions to the formation of the school district and later associations with J.C. Bilyeu, a postmaster of Tigard, Oregon. The Shaver-Bilyeu House is significant under Criterion C representing one of the earliest families of the Durham area and the later period of Durham's history. CONTEXT: The once rural agricultural community of Durham is contained within the City of Durham and the southeast limits of Tigard, Oregon. The earliest settlers of this community were George Richardson, his brother Solomon, David Graham, William W. Graham and John L. Hicklin. Solomon Richardson, Adam Shaver and his brother F.W. and his mother, Elizabeth were the closest settlers of the subject property. Wilson M. Tigard arrival in 1852, the same year as the Shaver family, was remembered by the Tigard Sentinel in 1924: Their greatest need seemed to be more settlers, so that a school could be established, and they prevailed upon Mr. Tigard to stay there for that reason. He liked the location, and had a abiding faith in the future of the section which he had chosen for a home. Here he found game in abundance, a great wealth of timber, and a very productive soil with good natural drainage. The climate was very healthy, being free from fevers and ague, such as he had left behind im his native state. Pioneer, Adam Shaver (b.Ohio, September 1834) , arrived with his mother, Elizabeth (b.1800, Chester Co. Pennsylvania, • d.July 21, 1877) and brother, Francis M. Shaver (b.1829, Ashland Co. Ohio) , having journeyed overland from Iowa in 1852 . About a year later in December 1853 Shaver claimed land below Butte on the Tualatin River adjoining his mother's and brother's claim. The brothers' claims abutted the river banks of the Tualatin and Elizabeth's section covered a part of Fanno Creek. Adam Shaver's section was a narrow strip NIPS Mm 104004 aw ,•riwr wo ro•�a•,• was United States Department of the Interior • National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 2 stretching across the river with a section projecting north to what is now Durham Road. In 1857 he married "Elizabeth Palmeteer, a native of Canada, and they began their domestic life in a log cabin of one room situated Upon the farm which is yet his. place of abode"4. The Shavers had thirteen children.. One of the oldest, William Shaver, lived for a number of years on the farmstead, later constructing the subject residence. Adam Shaver strongly supported the community, donating land for Durham's first schoolhouse, serving on its school board and acting as a road supervisor. Albert A. Durham was another noted settler, leaving his name to community by establishing Durham Mills along Fanno Creek ca. 1862 . Originally from Genessee county, New York Durham came to Oregon in 1847 by ox-team. Durham built several mills in Clackamas and Washington counties. His first was a sawmill on the Clackamas River and later built another on Sucker Creek on his first land claim. The community of [Lake] Oswego was named by him His last milling enterprise was along Fanno Creek where he settled after selling his prior land claim and other business enterprises 5. Just north of Elizabeth Shaver's land claim, Durham dammed Fanno Creek and constructed a sawmill and grist mill which became know as Durham Mills. This land was later conveyed to his son, George Durham, who drained the sixty year old mill pond and planted onions in the sediment enriched soil.6 When the Oregon Red Electric railway was constructed in 1910 the local station was named Durham after Durham Mills. River Transport The Tualatin River in the early settlement period was important for river transport due to the lack of an adequate road system. One of the most northern tributaries of the Willamette River, the Tualatin' s basin is composed of approximately 712 square miles. The basin was one of the few natural prairies found in the area. "When independent settlers began arriving in Oregon in 1840, they found Hudson's Bay Company men farming French Prairie and missionaries on the good land around Salem. So the independents favored the Tualatin. "7 Nr+ +o+oo. ow A...w Aft. wos4018 • United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 10 COMPARATIVE ANALYSIS The Shaver-Bilyeu House was identified in the original Washington County Cultural Resources Survey and Inventory in 1983 . Of those properties only the John F. Tigard House is currently on the National Register of Historic Places. Ten properties currently exist on the "Designated Historical Sites" of Tigard, Oregon and the subject property will soon be included on this inventory. Seven of these properties are residences. A number of houses date from the era of the Shaver-Bilyeu House but most are more compromised by their modifications. The subject property has received modifications with always the historic appearance in mind by both Robert Scott and the Quellos, the current owners. The John C. Tigard House and Charles Tigard House were moved some distance from their original site. The Bilyeu House was moved back from the road remaining close to its original location with its orientation slightly shifted. With developmental pressures effecting the historic appearance of the Durham community, the Shaver-Bilyeu House is a key property in maintaining that link to the past. • Sattler House 8800 SW Sattler Road, Tigard, Oregon. The Sattler House,constructed ca.1905, is a Rural Gothic styled farmhouse located north of the subject property in the Durham community. Modifications made to building detract from its historic integrity. As a working farm, the complex has a number of outbuildings including the barn. This farmstead . would be significant in its association with the settlement of germans which arrived in the 1880s and 90s. This was the only other residence from Durham identified in the 1983 inventory and is not currently on the City of Tigard' s landmark list. iwt..1001. air l rwr Met rowasu United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 11 Seven Gables - Upshaw House 15020 SW 100th, Tigard, Oregon Seven Gables was built by Reverend William Loomis Upshaw ca. 1909. The Rural Gothic farmstead reveals evidence of its late construction in its use of a variety of multi-lite over a single light sash windows. The original porch with decorative brackets was replaced ca. 1928. Very recently most of the remaining acreage has become a residential development closely encroaching the house. John F.Tigard House 10310 SW Canterberry Lane, Tigard, Oregon The John F. Tigard House is the only residence on the National Register of Historic Places. It was moved to its present location from the Pacific Highway. The one story Queen Anne styled residence is considerably more ornate than Shaver-Bilyeu House and a significant representative of Queen Anne Style. The simple narrow rectangular massing would fit into a victorian urban environment and does not reflect the appearance of a typical rural farmhouse. Charles F. Tigard House 11180 SW Fonner Street, Tigard, Oregon Constructed in 1909, this was the second home of Charles F. Tigard. Originally located at the corner of Gaarde Road and Pacific Highway, it has been moved twice. It was first moved west one block when Pacific Highway was widened and again in 1980 quite a distance by the current owners to Fortner Road. This residence bears the most resemblence to the Shaver- . Bilyeu House. Although the overall plan and massing differ, its steep pitched hip roof, gables with eave returns, gable end ornaments and sash windows with simple surrounds, turned post columns with bracketry bear resemblance to the Shaver- Bilyeu House. It retains the large sash window with smaller upper light which was removed from the Shaver-Bilyeu House. 0%000• L 04 •••a• } ' ,,.■ r - c.ARRI AC t= I 1 MI 1AWi1 It i.0-11s r c6uRT' spRiNC,• — _____.:4 . • A . r ... ./., �'"%', I )1 40(4.....,...■ .. I 1 AllipH Sio, !.... A ..„ .. .1, 1 1 •• "4 r. r .. , , ,,. .. . 4 . n 1..... Gitstla a PA br20 c I ', : 1Is '/sill Itts ( ��; iii I F N I . - I • SI) • 1 _ I'! '� • t , I: _ • 'I I‘0145 JW 52MO 4.41. NSW ►-._ SITE i.' j SW 92...° [4.1 '"+s gei61 relJeat 1..0c.4 1414 • avecItJf•L t�RAwt I5 • ay Ieo •UM scan' Ga. I'no 4, 0 . "a'I "+' A • 1 -. WASHINGTON COUNTY OREGON 1351 s 2 S� MA THA SCALE 1% 100' 13600 _ t, i I I 1 1 •• 9400 9600 9600 9000 9600 9900 10000 10n.44 W 13700 ` 91 90 99 • 8B St' 86 86 8!4 = o 110 - �` SEE MAP +. N 0 2 h 2S 1 14 aoso T 'LACE .. 920011t.ST 4as 120 70 of s2 • 1200 2 1202 1201 �o tan .3YAe ! .3BAe .P/Ac N 1u as 23-74 15100 9100 w S $1 61. T • 96 -•s `. r 93 ' : a " O) _e aaa o ca . . 9000 = too 7b 6000 awns 2300 24!00 . 2500 �o 2s 0 47 • M93 • t'. ,10 It 1 12 V aria . Y. so so `� Ts �'o • IILLEN° DRIVE a seas ,)• •S'.► 7o ' atop 0 a? - '� . 74 n0' 4400 �' •'b 2900 2800 2700 2600 4? . Le 31 •a 16 • 15 s 14 g 13 KO UST e 7s a�� 30 2e 4300 slug NW cOS,J AVIR s t29 �- tAaT 30 eo 3000 z 1300 NOMINATED PARCEL 8 17 2.us A 0 :.4 • Ai 120h ?. " 2s �() : 3100 .,� T a a $8 4 a • 3200 43/44 . 1 4Fr .P 19 • 2 • w I. y` . '° 3300 Note Is t rii, to 3400 20 b• a` ,o P 3500 21 o., `�t w` )0 4#. 22 23 • Bi 224.44 A. 911. 2$ SEE MAP '4404.° oa. �, 2S 1 I4 AC • • oIon STATE • August 28, 1992 HISTORIC PRESERVATION OFFICE Dan and Jacque Quello 16445 SW 92nd Ave Tigard OR 97224 Department Recreation P Dear Mr. and Mrs. Quello: This is to notify you that the following property has been proposed for nomination to the National. Register of Historic Places and will be reviewed by the State Advisory Committee on Historic Preservation on October 16, 1992. Shaver-Bilyeu House (1906) 16445 SW 92nd Ave Tigard, Washington County, Oregon The National Register is the Federal government's official list of historic properties worthy of preservation. Listing in the National Register provides recognition and assists in preserving our Nation's heritage. This is to make certain that you are aware of: (1) the effects of listing a property in the National Register of Historic Places, and (2) your opportunity to comment on the proposed nomination. Listing of property in the National Register not only provides recognition of the property's historic importance in the community. It assures protective review of Federal projects that might adversely affect the character of the property. If the property is listed in the National Register, certain Federal investment tax credits for rehabilitation and other provisions may apply, as well as State property tax benefits. Please see the enclosure which explains in greater detail the results of listing in the National Register and the - rights and procedures by which an owner may comment on, or object to listing in the National Register. Listing in the National Register does not mean that limitations will be placed on the property by the Federal government. Public visitation rights are not required of owners excepting those nominal requirements stipulated in 525 Trade Street SE Salem,OR 97310 (503) 378-5001 FAX (503) 378-6447 II! Dan and Jacque Quello August 28, 1992 Page 2 consideration of special assessment status under Oregon law. The Federal government will not attach restrictive covenants to the property or seek to acquire the property. You are invited to attend the forthcoming meeting of the State Advisory Committee to discuss the proposed nomination. The date and location of the meeting are given on the agenda enclosed. We hope this information is helpful to you. If questions concerning the National Register nomination process arise, I can be reached at the following number: (503) 378-6508. Sincerely, Elisabeth Walton Potter, Coordinator National Register Nominations EWP:jn Enclosures cc: Elizabeth O'Brien • HISTORIC PRESERVATION PLAN 358.605 Legislative findings. (1) The Legislative Assembly declares that the cul- tural heritage of Oregon is one of the state's most valuable and important assets; that the . public has an interest in the preservation and management of all antiquities, historic and prehistoric nuns, sites, structures, ob- jects, districts, buildings and similar places and things for their scientific and historic information and cultural and economic value; and that the neglect, desecration and de- struction of cultural sites, structures, places and objects result in an irreplaceable loss to the lic. (2) The Legislative Assembly finds that the preservation and rehabilitation of his- toric resources are of prime importance as a prime attraction for all visitors; that they help attract new industry by be' an influ- ence in business relocation decisions;e and that rehabilitation projects are labor inten- sive, with subsequent benefits of payroll, en- ergy savings and are important to the revitalization of deteriorating neighborhoods and downtowns. (3) It is, therefore, the purpose of this state to identify, foster, encourage and de- velop the preservation, management and en- hancement of structures, sites and objects of cultural significance within the state in a manner conforming with, but not limited by,provisions of Historic National storic Pres- ervation Act of 1966 (P.L. 89-665; 16 U.S.C. 470). [1983 c.258 §11 358. 10 (1953 c.475 41; renzabered 390.4101 .390 • • REVISIONS TO THIS RULE WERE ADOPTED BY THE STATE HISTORIC PRESERVATION OFFICER ON MAY 1 , 1992 OREGON ADMINISTRATIVE RULES CHAPTER 736, DIVISION 50-STATE PARKS AND RECREATION DIVISION Eligibility for Classification 736-50-015 [HPO 1,f.&ef. 1-5.76: HISTORIC PRESERVATION Repealed by PR 7-1-1984,1. &ef. 12-6-84] OFFICER DIVISION 50 Inventory of Property PROCEDURAL RULES 736-50-020[HPO 1,f.&ef. 1-5-76: Repealed by PR 7-1984,1.&ef. 12-6-84] Public Viewing Statutory Authority and Procedure 736-50-025 [HPO 1,1.&ef. 1-5-76: 736-50-001 Oregon Laws 1975. Chapter 514,Section 11 provides that Repealed by PR 7-1-1984,f. &ef. 12-6-84] the State Historic Preservation Officer shall adopt rules necessary to carry out the purpose of the act which relates to implementation of a special Application for Alterations,Improvements, and Repairs tax assessment applicable to historic property. Oregon Laws 1975, 736-50-030[HPO 1,f.&ef. 1-5-76: Chapter 759, Section 6, requires that all agencies shall adopt rules on Repealed by PR 7-1984,f.&ef.12-6-84] procedure to be utilized in the adoption of rules. Owner's Responsibilities 736-50-120 (1) An owner of a property that has been granted a special assessment is responsible for maintaining the property in good condition. A noticeable deterioration of the property, or a failure to make repairs that the SHPO determines are necessary to preserve or stabilize a property's physical condition, is sufficient cause for the SHPO to recommend removal of the property's special assessment. (2) (a) An owner must provide a reasonable opportunity for members of the public to visit the property at least one day a year. Excepting December 25th and January 1st, owners may choose any day of the year to satisfy the visitation requirements of this section. (b) Owners shall notify SHPO of the open house visitation date by January 31st each year, unless the owner has chosen a January open house date. In that case, the owner shall notify the SHPO of the visitation date by December 1st of the previous year. The SHPO shall accept a one-time notification that an owner will open a property on the same day each year. For new applications approved after April 1st pursuant to ORS 358.495, owners shall provide the open house visitation date within thirty (30) calendar days after the date of the application approval letter. The property must be open to the public for four consecutive hours between 9 am and 9 pm. • 7 • • (c) Within fourteen (14) calendar days after an open house is held, the owner must provide to the SHPO, on forms provided by the SHPO, a signed statement that- the open house was held on the date and during the times specified in the file. A guest list will appear on the form, to be filled out by those attending the open house. (d) For properties undertaking rehabilitation where conducting an open house might endanger the public, the SHPO may approve a waiver of the open house requirement only if the rehabilitation is underway on January 1st and will not be completed by December 31st of the same calendar year. If the rehabilitation is completed and the premises certified occupiable by the applicable local building official during the calendar year, the owner will hold an open house, and must give SHPO thirty (30) days notice prior to the open house date. (e) An owner of a property that is routinely open to the public without charge, such as a commercial property open to all during regular business hours, must make special provision for the public to view public portions of the building at least one day per year. Additionally, owners of commercial property must also provide, by guided tours, brochures, videos, or other means, access to character-defining features or rooms that are not normally available for public viewing. Descriptions of these features or rooms are normally found in the National Register documentation. Owners of properties that are routinely open to the public for a fee, such as owners of theaters or privately-operated house museums, must make provision for free public visitation one day per year. (f) Open houses that are held as a part of community-sponsored events, or as fund raisers for charitable or other organizations will not satisfy the mandatory open house requirement if a fee is charged to enter the specially-assessed property. Owners are responsible for holding an open house without charge to the public. (g) Owners of apartment buildings, condominiums, or other multi- family units that are under special assessment must make provision for viewing by the public of public areas and at least one representative unit of the apartment, condominium, or multi-family dwelling. (h) Owners of non-commercial residential property may restrict interior areas open to the public to spaces .or rooms, such as living rooms, parlors, dining rooms, hallways, stair halls, or other areas not normally deemed as "private", such as bedrooms, bathrooms, closets, or dressing rooms, unless the owner wishes to open these areas for public viewing. (3) The SHPO may require reports from owners of specially assessed properties. The subject of required reports must be directly related to matters set forth in ORS 358.475 to ORS 358.545 or in these rules. The SHPO must notify an owner of a required report by mail, return receipt requested. If an owner does not respond to the notice by providing the 8 • • required information within 90 days of receipt of the notice, the SHPO must notify the county assessor of the owner's failure to comply. The county assessor then must withdraw the property's special assessment as historic property and apply the penalties provided by ORS 358.525. (4) An owner must allow the SHPO or SHPO staff to have access to the property at reasonable times to insure the terms of these rules are being met. (5) (a) Every ninety (90) days the SHPO shall issue a press release announcing that specially-assessed properties will be open to the public and include other particulars of the special assessment program. Specific addresses of specially-assessed properties, plus dates and times of open houses shall be made available to the interested public through the SHPO. Direct mailings of open house information may also be made to a county assessor, landmarks commission, chamber of commerce, historical society, non-profit or professional organization, or other local government agency, by mutual agreement between the SHPO and these agencies or organizations. (b) Owners of specially-assessed property shall install a sign or plaque on the property in a location that is visible to the public from the right-of-way. Language on the plaque shall include, at a minimum: (1) historic name of property (from National Register nomination) , or historic district name for "contributing" properties without specific historic names; and, (2) a citation that the property is receiving special assessment pursuant to ORS 358.475 et sea. The size, materials, design, text, and other particulars of the sign or plaque shall be determined by the SHPO in consultation with the State Advisory Committee on Historic Preservation. Owners whose special assessment expires on January 1, 1993, are exempt from provisions of this section. Non-exempt owners of specially-assessed property must install the plaque by July 1, 1993. For special assessment applications approved after January 1, 1993, and in subsequent calendar years, plaques shall be installed by July 1 of each year. Acquisition of plaques shall be arranged through the SHPO. (c) The SHPO shall conduct spot monitoring to determine whether or not an owner held the requisite open house on the date and time specified. Non-compliance without cause may be justification for adminstrative removal of special assessment. Stat. Auth. : ORB Ch. 358 Hist. PR 7-1984, f. & ef. 12-6-84 Changes and Alterations 736-50-125 (1) Pursuant to ORS 358.565, the SHPO delegates special assessment application and design review approval authority to the Deputy State Historic Preservation Officer (DSHPO) as program manager, and appoints the Preservation Specialist as the staff professional qualified to coordinate the state's special assessment program. 9 • • (2) As a part of the application process to receive special assessment, owners shall sign an affadavit which acknowledges their responsibility to seek prior SHPO review and approval of the alteration of any significant interior and exterior space, room, or feature or new construction that may affect the historic fabric or character of specially-assessed property. Definitions for "Alteration" and "New Construction" are found in OAR 736-50-105. Previously altered spaces, rooms, or features, such as kitchens and bathrooms, are exempt from the provisions of this section, unless the owner proposes to demolish or relocate historic features such as walls, windows, or detailing as part of the proposal, or is proposing to alter the plan configuration to accommodate additions or other new construction. (3) Any portion of a specially-assessed property that is leased by an owner is subject to the design review requirements of OAR 736-50-125. (4) At a minimum, the owner shall provide the following for alteration or new construction reviews: (a) Color print photos (not Polaroids) of the area(s) in question which clearly show all historic material that is proposed for alteration or removal. (b) A detailed work program that discusses the proposal and explains what literal effects the project will have on the historic fabric or character of the property. (c) Construction documents, drawings, or other graphic representations of the project, depending on its complexity. (5) When reviewing requests for approval of proposed changes and alterations, or reviewing the acceptability of alterations that have been made, the SHPO shall apply the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990) . These standards are as follows: (a) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (b) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (d) Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved. (e) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 10 • i (f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (g) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface _ cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (h) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (i) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize a property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (j) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (6) Changes and alterations to a property which in the professional opinion of the DSHPO or program staff do not conform to one or more of these standards may result in the removal of a property's special assessment. Additional information to assist owners with the interpretation and understanding of these standards is available from the SHPO. (7) A change or alteration that may have been permissible in one circumstance is not justification to make a similar change or alteration in another. The DSHPO shall evaluate all changes and alterations on a case-by-case basis; approving a kind of change or alteration in one case does not establish a precedent for approving similar kinds of changes in other cases. Stat. Auth. : ORS Ch. 358 Kist: PR 7-1984, f. & ef. 12-6-84 New construction 736-50-130 (1) Additions to specially-assessed buildings, defined as "New Construction" under OAR 736-50-105(8) , may not receive special assessment. The county assessor shall assess these additions at real market value, and these additions are fully taxable. (2) If an owner so requests in writing, the SHPO may approve two kinds of additions for inclusion in a property's special assessment: (a) The SHPO may approve the historically accurate reconstruction 11 • • of features of a property that once existed but are now missing, such as towers, wings, additional stories, or outbuildings. A request for the SHPO to approve these reconstructions shall include documentation to show that the reconstruction is historically accurate. This documentation must include copies of historic photographs or drawings and architectural plans or similar information that shows how the documentary evidence will be translated into an accurately built reconstruction. (b) The SHPO may approve small additions for stairs, elevators or other features that are necessary for safety, access by the physically impaired, or are necessary to meet fire and life safety code requirements. In this case, an owner must demonstrate to the SHPO that the addition is necessary and that the features it contains cannot reasonably be incorporated into the existing structure. (3) Non-historic, taxable additions to specially-assessed properties must be compatible with the size, scale, color, material, and character of the property and its environment. Additions which destroy or disrupt historically significant characteristics of a specially-assessed property may result in removal of a property's special assessment. State. Auth. : ORS Ch. 358 Hist. : PR 7-1984, f. & . ef. 12-6-84 Removal of Special Assessments 736-50-135 (1) A property's special assessment may be removed at an owner's request or administratively. When removed at an owner's request, the owner must pay a penalty which is computed as the difference between the current and frozen assessment, times the current tax rate, times the number of years the assessment was frozen, as described in ORS 358.525(1) . When removed administratively, the tax penalty as computed above plus a 15% additional penalty must be paid as described in ORS 358 .525(2) . No penalty is required if the property is transferred to an ownership making it exempt from property taxation or is destroyed by accidental fire, vandalism or Act of God. If the property continues to qualify as historic property, an owner subsequently may apply for a new special assessment following the procedure set forth in OAR 736-50-145. (2) (a) The SHPO may bring a questionable special assessment to the attention of the Advisory Committee or an assessor. (b) An assessor or the Advisory Committee may request the SHPO to determine if a property continues to qualify for any of the following reasons: (A) Some or any of the "Owner's Responsibilities" described in OAR 736-50-120 have not been met; or (B) Inappropriate changes or alterations have been made to a property; or 12 • • (C) New construction has been added that is not in keeping with the historical nature of a property; or (D) Some or all of the qualities that enabled a property to qualify as historic property have been lost; or (E) A procedural error was made in designating a property for special assessment; or (F) Repairs or improvements required by the SHPO when approving a property for special assessment have not been made. (c) A request from a county assessor for the SHPO to determine if a property continues to qualify for special assessment must be in writing. SHPO will not investigate the matter unless the assessor's letter contains the name and address of the property's current owner, states why the assessor has reason to believe that the property no longer qualifies, and contains current photographs of the property and any other pertinent information. Upon receipt of an assessor's letter, the SHPO may present the matter to the State Advisory Committee on Historic Preservation for discussion or recommendation, but in any case, the SHPO must make a determination within 120 days of receipt of the assessor's letter. (d) The State Advisory Committee on Historic Preservation may request the SHPO to determine if a property continues to qualify for special assessment. In this case, the request must be in the form of a motion passed in keeping with the Advisory Committee's adminstrative rule (OAR 736-50-200) , or a letter to the SHPO signed by any two members and the chairperson. (e) Governing bodies may petition the Advisory Committee to request the SHPO to determine if a property continues to qualify for special assessment. In this case, the petition must be in writing, contain the name and address of the property's owner, state the reason or reasons why the property may not longer qualify, and be signed by the head of the governing body. (f) Upon receipt of a request to determine if a property continues to qualify, the SHPO or a designated representative will deliver a notice to the owner in person or by mail, return receipt requested. The notice shall: (A) Identify the property; (B) State the reason why the special assessment is being questioned. (C) Describe corrective measures that the owner must take to remedy the situation; and (D) Identify how the owner can appeal a determination that the property no longer qualifies. The notice may include other information pertinent to the circumstances and shall request a report from the owner within 90 days. Stat. Auth. : ORS Ch. 358 Kist. PR 7-1984, f. & ef. 12-6-84 13 410 411 Chapter 18.82 HISTORIC OVERLAY DISTRICT G=_A.` o,..i ct Sections: 18.82.010 Purpose 18.82.015 Applicability of Provisions and Initiation 18.82.020 Administration and Approval Process: Application for District: Demolition of Structure 18.82.030 Criteria for Historic Overlay District Designation 18.82.035 Criteria for Removal of Historic Overlay District Designation 18.82.040 Criteria for Exterior Alteration and New Construction Criteria 18.82.050 Criteria for Demolition 18.82.060 Application Submission Requirements 18.82.070 The Site Plan 18.82.080 Architectural Drawings 18.82.090 Landscape Plan 18.82.100 Sign Drawings 18.82.110 Additional Information Required and Waiver of Requirements 18.82.010 Purpose A. The purpose of this chapter is to: 1. Implement the comprehensive plan; 2. Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or 7°reflect 'eleineiite`of "the 'City's cultural-, social, `:, economic;.volitica] and.!architectural history; 3. Safeguard the City's historic, aesthetic,' and cultural heritagea,`as embodied and reflected in such improvements and districts; 4. Complement any registered historic or cultural areas designated in the City; 5. Stabilize and improve property values in such districts; 6. Foster civic pride in the beauty and noble accomplishments of the past; 7. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 8. Strengthen the economy of the City; Revised 02/27/89 Page 171 • • 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property. These weddings have not been any bother to us. We think they should be allowed to continue the weddings. 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I talked with my diems and they would very much like to be on the 7/3/00 Planning Commission heating schedule if at all possible. • • 825 NE 20TH AVENUE, SUITE 300 • PORTLAND, OR 97232 PHONE: 503.230.2119 • FAX- 503.230.2149 • T0'd GP-LE 02E 20S NII1f1SNOD 1N3JNIf1 1fUSG3H 60:SI 0002-60-A0W Ci S tik) ti . .._...._.. ._ A.,A/l Fes. LV f ... 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property_ These weddings have not been any bother to us_ We think they should be allowed to continue the weddings. Sincerely. ems, r,. /,. Dan&Candi Mitchell 16585 SW 92nd Ave Tioarri nraann o-r»a arc] 617TZ 02 20S NI11fSN00 1N3DNI( inusa 3 BE:ST 0002-60-AHW MAY-09-2000 15: 10 L- EEDSAUL VINCENT CONSULTIN 503 230 2149 P.03 i v J ` Cv 34e147 ' 2 w7 tom LGs/ 7 1 ��•rte/ _ JPciervok2;rATE7/9 g-7 7'750°'-►.wf-' — 7. 117r. 'r' •y 2 �c�yy�f•7 MAY-09-2000 15: 11 L BEDSAUL VINCENT CONSULTIN 503 230 2149 P.04 • • • • • • • • . • • • • • CA YTh $••• 1-7 _ , in-(1.e.,_ I p )/t 4.9 •-•1 __ • ••• • . _ 1.n. /1 . __ _a . I I La...!1--• Va.> - 3.) 14) 1" •-•""e1 le Tx • 2-.1 .T i• _ 4j 47, •t _ •) ' C -- a _ — I - r • r)--k.z.. z• _ 4- • • - ,/ t-t•-f +„,. •■ c_ •. . s-e • .0• ■—r -2-•"5.-ve 7.7 • /1 1'4\ C C tA c K5 MAY-09-2000 15: 12 BEDSAUL VINCENT CONSULTIN 503 230 2149 P.01 (— ivrer -9-za-n�Y 1?"- ,p,,�,p ��,,,, ■Pear2—(V —Z)eK)'-ir r WIC2 4eawk, ___kr\a>.fr ,cyr -kciriw-‘r rAvrvwa ryrivi4,- 4-rr aL0/ -el a-1,y \Aiso - 17PY7 111V / 'tea N • 0 d • Q1 V . 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SOLIS WRITERS OIRCCT rat:<3 I 21 8407367 . hrreimeT AooRzss_1I1s0Tfsal er ' August 30, 1999 Quello House • 16445 SW 92nd Ave. Tigard, OR.97224 Dear Pastor and Mrs. Quello: Myfiance,Robert Greenlee,and I stopped in on August 6th, 1999 and discussed the possibility of holding our wedding ceremony and reception at your house early next fall (2000). We understand that,because of the pending zoning license,you are unable to make reservations for next year at this time. I wanted to write because my fiancé and I were so impressed by your house and the wedding services that you offer. We looked at many different places during the week we were there, and none of them had the personal and friendly feeling we got when we visited your home. My fiancé and I hope to get married next September,preferably during the Labor Day weekend. However, we have not made any reservations anywhere because we would like to wait to see the outcome of your zoning application. While we understand that you cannot hold any dates for anyone, we would be extremely grateful if you would be willing to contact my mother, who lives in Tigard,when you hear the Board's decision, My mother,Donna Yount, can be reached at(503) 590-7773. Since I live in Chicago, any call to me would be long distance,but in the event that you need to reach me,my home number is (773) 868-4362 and my work number is(312) 9232967_ Until then, we will wait with our fingers crossed that your application goes through without a hitch. Thanks very much for your assistance. Sincerely, (Y\(111xijk s%'Lf•K/ S0'd 617T Z. 02E £0S N 111fSNOJ 1N3DN I(1 V T:S T 000E-60-AIW • • BEDSAUL / VINCENT CONSULTING , LLC 825 NE 20TH AVENUE , SUITE 300 PORTLAND , OR 97232 503 • 230 • 2149 (FAX) 503 • 230 • 2119 ( OFFICE ) FACSIMILE TRANSMITTAL SHEET TO; FROM! JULIA HAJDUK BRUCE VINCENT FAX NUMBER: DAM: 684-7297 MAY 9,2000 COMPANY: TOTAL NO.OF PAGES INCLUDING COVER: CITY OF TIGARD 6 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 639-4171 RE: YOUR RF..FERENCE NUMBER Response to your 4/4/00 Letter to Spencer Vail-Quello Residence a URGENT 0 FOR REVIEW Q PLEASE COMMENT PI EASE_REPLY a PLEASE RECYCLE NOTES/COMMENTS: • 825 NE 20TH AVENUE, SUITE 300 • PORTLAND, OR 97232 PHONE: 503.230.2119 • FAX: 503.230.2149 10d 61T? 02? LOS N I 11IISNOJ 1N3JN I C 1fl) SQ3H LS:OT 000?-60-AL IN • • - • BEDSAUL / VINCENT CONSULTING , LLC 825 NE . 201H AVE . , SUITE 300 PORTLAND , OR 97232 OFFICE ( 503 ) 230 - 2119 . FAX ( 503 ) 230 - 2149 May 3,2000 Julia Hajduk,Associate Planner City of Tigard Planning Dept. 13125 SW Hall Blvd. Tigard, OR 97223 Re: Response to Issues Raised in a 4/4/00 Letter to Spencer Vail-Requested Zoning Ordinance to Historic Overlay Zone-Quell° Residence. (16445 SW 92") Dear Julia Hajduk, As you know, Spencer Vail is an associate of mind, and he asked me to take over the above- mentioned project for him. The most pressing matter at hand is responding to your 4/4/00 letter. In that letter you requested more supporting information for the above-mentioned request. The following is a summary of those issues, as I understand them: 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. 2. An expanded discussion on how the proposed uses would be compatible with surrounding uses. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. 5. Proposed parking requirements for bed and breakfast/wedding ceremony-reception uses. I will respond to the above-mentioned issues in the following paragraphs. 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. If this zone change request is approved, it will permit bed and breakfast and wedding ceremony/reception uses that are unique alternatives to weddings in churches and overnight. stays in motels. Local citizens of Tigard cannot offer out-of town guest a unique alternative to a stay in a modem motel. Local citizens of Tigard do have a unique alternative location to an inside church wedding and reception for their sons and daughters. If Tigard had both these uses, local citizens would not have to look elsewhere for the essential ingredient to a memorable stay or once in a lifetime wedding; a memorable location. A memorable experience in Tigard will be remembered and talked about by those that experienced it, and bring them back for another stay or another wedding. If unique bed and breakfast lodgings and wedding spots are Bedsaul / Vincent Consulting , LLC ?O'd 6bT? 02? LOS NIl1fSNO3 1N33NIn 1fltiSQ33 LS:0T 000?-60-AtW • . • not present in Tigard. local residents will find alternate locations in Po land and Washington P 9 9 County. Therefore, their money will not be spent in stores, restaurants and other businesses during their stay in Tigard. Permitting historic residences to provide unique types of uses benefits the entire community, but keeping revenue-generating and tax-paying uses within the City, and by offering a unique and memorable alternative that is not present within the City. 2. The compatibility of the proposed uses with the surrounding residential uses. In most cases, the historic residences within Tigard are located in residential zones. As a rule, residential zones allow a variety of uses under prescribed conditions. (e.g. Conditional Uses) Such things as churches, group homes, residential care facilities are allowed via a conditional use. Conditional uses require substantiation that use is compatible with surrounding residential uses, and limits are generally placed on such things as hours of operation, off-street parking, screening, buffering and the like. Therefore, the proposed wedding reception/bed and breakfast uses will be compatible with surrounding residential uses, via application of Tigard's Conditional Use process, and establishing site-specific conditions of approval to regulate that use. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. The historic residences proposed for inclusion into this zone amendment process are all unique structures built from high quality materials. Historic properties within Tigard contain older residences that are examples of architectural styles that have long since vanished from the City. Those dwellings are generally large, and are aging; therefore, they require more maintenance than a typical single family home. Furthermore, it costs more to repair, refurbish and remodel historic residences, because it costs more to purchase quality materials to match existing architectural detailing, and it costs more for skilled contractors to do historic restoration work. Additionally, some historic residences are on large lots with mature landscapes and large lawn and shrub bed areas. Large landscaped areas require professional landscape maintenance to keep the grounds in perfect shape for bed and breakfast clientele and wedding receptions. The revenue from bed and breakfasts and residences could help defray the costs of upkeep and repair, and allow the homeowners to conduct a profitable business on the historic sites. If these historic homeowners are allowed to defray the cost of upkeep, all residences of Tigard benefit, not just those owing those properties. Historic residences are a reminder of what Tigard used to be; a farming community far from the outskirts of Portland. They are located in the community for all residences to see, and they provide the community with a view into the past. The benefit to the community is knowing that the historic residences will not fall into disrepair, because a portion of the profits from the business will go into upkeep and maintenance. The upkeep and maintenance will not just be for appearance sake, because the structures will house a business, not just a residence. Without a high degree of upkeep and maintenance, the business will not survive. if the business goes away,these structures could become run down, and then torn down to make way for a new home, or a new in-fill subdivision. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. I have discussed the noise issue with my client, Dan Quello, and he has agreed not to have loud amplified music after the wedding ceremony, and as part of the wedding reception. The former noise complaints stemmed from a hired disc jockey that played recorded music at loud levels, and not from any amplified voices or music as part of the wedding ceremony. The amplified voices or music as part of the wedding ceremony can be kept at a reasonable volume level that will comply with City of Tigard's Municipal Code as it applies to noise ordinances. The Conditional Use process can regulate and limit noise-generating uses via conditions of approval. As an example,the Conditional Use section of Tigard's Zoning Code already limits drive-up Bedsaul / Vinccnt Consulting , LLC 20'd Gtr T? 02? 20S N I lif SNOO 1N33N I( inusa36 8S: 1 000?-60-AiW • • , • window communications sound to a measurement of 55 decibels at tie adjoining property line(s) at any time. Furthermore, Mr. Quello has agreed to allow Matthew Scheidegger, Code Compliance Specialist, to randomly monitor noise levels for compliance with the City's noise ordinance. Therefore, future use of the subject site for outdoor wedding ceremonies and receptions should not cause significant noise impacts on adjacent neighbors. 5. Proposed parking requirements for bed and breakfast/wedding ceremony-reception uses. In his Zone Amendment application, Spencer Vail has already suggested a parking ratio of one space/room for a bed and breakfast facility. (See proposed Code Amendment application) Outdoor wedding and receptions are an activity that may occur a maximum of 12-15 times from May-September, therefore they are an intermittent, seasonal site use that should not be required to provide a constant number of parking spaces at all times. As applied to historic residences, single family residential use is still the primary use in the R-4.5 zone, and the wedding use in secondary to the primary use. Many"Wedding houses" provide a valet parking service and rent space on an adjacent parking facility. Additionally, an on-site valet can park guest vehicles in a stacked parking arrangement, rather than a typical parking lot arrangement. Based on the above-mentioned information, I think 10-12 on-site stacked parking spaces should be provided on-site,will a verifiable lease/rent agreement with an adjacent landowner to provide 50-60 spaces on as-needed basis. Typically, wedding and receptions are on the weekend, therefore schools, churches, (on Saturdays only), and 9-5 business parking lots could be used for the weeding use. Please review this letter and call me if you have any questions. Please let me know as soon as possible when you can schedule a hearing before the Planning Commission. Sincerely, Bruce Vincent, President BedsaulNincent Consulting, LLC Bedsaul / Vincent Consulting , LLC b0'd 6PTZ 02? 20S N 11T1SN00 1N3JN I( 1rIuJSa3H 8S:0T 000?-60-A N • • June 7, 1999 Dear Matthew, At a June 3rd meeting at Tigard City Hall,Planning Manager,Dick Bewersdorf and property owner Dan Quello addressed the following concerns: 1) The Quellos have agreed to not book any future outdoor weddings until such time as a hearing can be held to review current zoning laws and "Conditional use Permits" as they might apply to Nationally Designated Historic Properties in residential neighborhoods. 2) The Quellos will honor their obligation to those couples who made their booking prior to June 3, 1999. 3) At those events, sound levels will be randomly monitored by Matthew Scheidegger, City of Tigard Code Compliance Specialist, to ensure that they do not exceed the noise ordinances of 50 decibels during the day and 40 decibels at night. As a further gesture of good will,the Quellos will ask that any music end by 9:00 PM(one hour earlier than the ordinance allows) 4) At the time of a specially called land use hearing, (IBA)opportunity for both proponents and opponents to voice their concerns and vested interests will be given. A final ruling will rest with the City of Tigard Planning Division. We are anxious to work with the city and our neighbors in resolving this matter_ Sincerely, • Rev. Dan Quello 50d 6b T Z 0€Z LOS N I l�flSNO0 1N3ON I if1tisa a 65:0T 0002-60-J,tiW . .R • • • • Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. 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Tio-ird (itarege Site Piliitcis t.,:k DESIGNATED HISTORICAL SITES CITY OF.TIGARD Year Property/Address Tax Lot No. Designated 1 Durham Elementary School 8040 SW Durham St . 2S1 13B 300 1984 Built in 1920, the school is significant in its association with early Oregon pioneer and businessman Albert Durham. 2 John F. Tigard House 10310 SW Canterbury Ln. 2S1 11 BC 2600, 2700 • 1984 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville . John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. 3 Ye-Olde Windmill 121st St . and Katherine St . 2S1 3BB 6500, 10200 1984 Built in 1909 by Edward Christensen, the water tower stands as a visible testimonial to the surrounding land' s original agricultural use and to the Wood-Christensen families who lived and farmed there. 4 Charles F. Tigard House 11180 SW Fonner St . 2S1 3 AC 1700 1984 Constructed in 1902 , this is the second house occupied by Charles T. Tigard, the second son of Tigard' s namesake. Charles established the area' s first general store and was involved in other commercial activities . 5 Tigard Farmhouse and Windmill 10525 SW Tigard St . 1S1 34DD 100/101 1986 Built in 1900 ' s, the house is significant due to its association with the Cowgill family. Hal Cowgill, who purchased the property in 1936, was a long-time employee of .Pacific Power and Light. The residence is. one of the few bungalow farmhouses with a water tower still intact . 6 Joy Theater. 11959 SW Pacific Hwy. 1S1 35DD 2700 1986 Constructed in 1939, the theater building is significant as an example of the Art Deco/Moderne Style. Substantial exterior alteration, approved by the City, occurred in 1992 . The basic massing and style of the building was preserved and enhanced by the alterations . 7 Tigard Grange # 148 13770 SW Pacific Hwy. 2S1 3DD 600 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. 8 Seven Gables Upshaw House 15020 SW 100th Ave. 2S1 11CA 15400 1986 The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples . 9 Gaarde House 11333 Gaarde Rd. 2S1 3DC 1700 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who established a blacksmith shop in 1893 across the road from Charles Tigard' s store. The house is one of the few remaining examples of the bungalow style with Craftsman detail . Its significance rests primarily on its association as a landmark of the Gaarde family' s early presence in Tigard. *10 Shaver-Bilyeu House 16445 SW 92nd Avenue 2S1 1300 *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family, who contribution to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [note : listed on the national but not the local registry] Hist/DR pRE - APPLicAT) oA) COAJFERENC€ Notes • • ( re 9 Que//o !'louse i5 rlol- 01 Our t2 (5�-c ac,1 Ague e ddec/ OULr/4 by ✓Ye4os pp 9 y " G f , _e e /g No_ c`i'o A Lodz CrA& c4e.4 ao/dress d cds/be)/Iiq p roc�d're5 of /?3yo• 06o . 4-r- Code 42,7e4c%4i/vi,5-A 4, q// ro er-A`es Mvo/vec/A, Oale 6/7 fj iS 647,SC Qro eriieS l t le froc_es_5 Code arecicinteolf Ofd .a/e✓'%1 ConCurre'2 Pew c4/ f i,red iio_r y 0/ 4 /, 4-6 n (Co,7 c/i$t }►q/ ) 1' e • ordinance and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the City as a whole; 2. Findings and conclusions. Approval or denial of a Type II Administrative Appeal or Type III action shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision,states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria,standards,and facts set forth; 3. Form of decision. The Review Authority shall issue a final order containing the above-referred findings and conclusions, which either approves, denies, or approves the permit or action with conditions. The Review Authority may also issue any intermediate rulings as they see fit; 4. Decision-making time limits. A final order for any Type II Administrative Appeal or Type III action shall be filed with the Director within ten business days after the close of the deliberation. F. Notice of decision. Notice of a Type H Administrative Appeal decision or a Type III decision shall be mailed to the applicant and to all parties of record within five business days after the decision is filed by the Review Authority with the Director. Failure to receive mailed notice shall not invalidate the action,provided that a good faith attempt was made to mail such notice. G. Final decision and effective date. The decision of the Review Authority on any Type II appeal or any Type III appeal is final for purposes of appeal on the date it is mailed. The decision of the Review Authority is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is resolved. 18.390.060 Type IV Procedure A. Pre-Application conference. A pre-application conference is required for all Type IV actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080C. B. Timing of requests. The Director shall receive proposed Type IV actions twice yearly. A completed application shall be submitted not more than 75 days and not less than 45 days before the first commission meeting in April and October. The Director may waive any of the above periods. C. Application requirements. 1. Application forms. Application forms. Type IV applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 2. Submittal Information. The application shall: a. Contain the information requested on the form; b. Address the appropriate criteria in sufficient detail for review and action; c. Be accompanied by the required fee; and d. Be accompanied by 18 copies of the narrative. e. 2 c_ei-off e-gddr<ssed S .�,�eof e'7ve%cS Decision-Making Procedures 18.390-14 11/26/98 • e. The body's deliberation may include questions to the staff, comments from the staff, or inquiries directed to any person present. F. Continuation of the public hearing. The Commission or the Council may continue any hearing and no additional notice shall be required if the matter is continued to a place, date, and time certain. G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197;. 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. H. Approval process and authority. 1. The Commission shall: a. After notice and a public hearing, formulate a recommendation to the Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and b. Within ten business days of determining a recommendation, cause the written recommendation to be signed by the presiding officer of the Commission and to be filed with the Director. 2. Any member of the Commission who voted in opposition to the recommendation by. the Commission on a proposed change may file a written statement of opposition with the Director prior to any Council public hearing on the proposed change. The Director shall transmit a copy to each member of the Council and place a copy in the record; 3. If the Commission fails to formulate a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative a proposed legislative change within 60 days of its first public hearing on the proposed change,the Director shall: a. Report the failure together with the proposed change to the Council;and b. Cause notice to be given,the matter to be placed on the Council's agenda, a public hearing to be held, and a decision to be made by the Council. No further action shall be taken by the Commission. 4. The Council shall: a. Have the responsibility to approve, approve with modifications, approve) with conditions, deny or adopt an alternative to an application for the legislative change or to remand to the Decision-Making Procedures 18.390-17 11/26/98 11'1.0/99 17:53 T2503 07297 CITY OF TIGARD • 001/003 El` I SETTING THE STANDARD FOR SERVICE XCELLENC1 I �4. Facsimile To:_ Sct ._IAA _ Company: 1 Phone: Fax: „r- From: . o - Company: City of Tigard Phone: (503) 639-4171 32 Fax: (503) 684-7297 D r! /.{� 19 `t ...._ �. Pages including this page: -� COMMENTS: u +. . . r y_. - - • ... • - l._ . T r►I,q 1 to 1Al C - { t [ YF'"1 _ -- .JO��_ City of Tigard, 13125 SW Hall Blvd,Tigard,OR 97223 ** PLEASE DELIVER THIS FAX IMMEDIATELY * 11/1 9/99 17:53 $503 •7297 CITY OF TIGARD • (7]002/003• 151340D-00100 25111 CA-1540o RICHARDS JAMES E&SHARON S LILE KATHY S 520 SW 6TH#400 ,,,/// 9890 SW PEPPERTREE LN PORTLAND,OR 97204 TIGARD,OR 97224 1S1340D-00101 2S11'kB0-00300 BUCHANAN MICHAEL R&SHEILA M 0 SCH:,�)L DISTRICT NO 23J 10525 SW TIGARD ST 13137 SW PACIFIC ITIGARD,OR 97223 TIGARD,OR 97224 SS135DD-02700 25114AB-01300 EMAMI DAVID QUELLO DANIEL Y AND JACQUE I 3380 BARRINGTON DR -" 16445 SW 92ND AVE WEST LINN.OR 97060 TIGARD,OR 97223 2S103AC-01700 01Z,SCHULTHEIS ERIC D& ` 11180 SW FONNER ST - TIGARD,OR 97223 2510388-06500 KEERINS HERMAN 0&PATRICIA E 12195 SW 121STAVE TIGARD,OR 97223 2$103BB-10200 TIGARD CITY OF 13125 SW HALL TIGARD,OR 97223 25103DC-01700 � SOBERG RONALD D&MARY M /�1 11333 SW GAARDE ST - TIGARD,OR 97223 2S103DD-00600 - TIGARD GRANGE NO. 148 11222 COTTONWOOD LANE TIGARD,OR 97223 25111BC-02600 TIGARD WATER DISTRICT 8841 SW COMMERCIAL TIGARD,OR 97223 2S111BC 02700 a GLEAVES GREGORY L&JONETTE 10360 SW CANTERBURY LN TIGARD,OR 97223 SPENCER VAIL ° PLAN ING CONSULTANT RECEIVED PLANNING NOV 221999 November 18, 1999 CITY OF TIGARD Re: Proposed Amendment to Historic Overlay Zone Dear Interested Party —Ye Olde Windmill I am writing you this letter because the City of Tigard records indicate that you own a historic building in the City. I represent Daniel Quello, the owner of the Shaver-Bilyeu house also called The Quello House. We are in the process of requesting the City to amend its Zoning code to allow the owners of historic buildings to use the conditional use process to allow a limited range of commercial type uses. Specifically, we are seeking to establish a process that would enable to use the historic buildings, such as the Quello property for weddings, business seminars and/or as bed and breakfast facilities. Before to applying to the City of Tigard for such amendments we would like to discuss the proposal with the owners of other historic buildings. You are invited to a meeting on: Monday, December 6, 1999 at the Quello House 16455 SW 92nd Tigard, Oregon 97223 6:30- 7:30 PM Please note that this will be an informational meeting on the Preliminary proposal. The proposal may be altered prior to submittal to the city. I look forward to discussing the proposal in more detail with you and the other owners of historic buildings. Please feel free to call me if you have any questions regarding the proposal. Very ly yours i; 'OOP 0- cer H. Vail 4505 N.E. 24TH AVENUE • PORTLAND, OREGON 97211 • 503/281-8245 • FAX 503/284-5506 • • 1 2a 2b Tigard School Dist#23J Tigard Water District. Gregory and Jonette Gleaves 13137 SW Pacific Highway 8841 SW Commercial 10380 SW Canterbury Lane Tigard, Or 97224 Tigard, Oregon 97223 Tigard, Or 97223 3a 3b 4 Herman and Patricia Keerins City of Tigard Eric Schutheis 12195 SW 121st 13125 SW Hall 11180 SW Fonner Tigard, Or 97223 Tigard, OR 97223 Tigard, OR 97223 5a 5b 6 Mike and Sheila Buchanan James and Sharon Richards David Emami 10525 SW Tigard St. 520 SW 6th#400 3380 Barrington Dr. Tigard, OR 97223 Portland, OR 97204 West Linn, OR 97068 7 8 9 Tigard Grange#148 Kathy Lile Ronald and Mary Soberg 11222 SW Cottonwood Lane 9890 SW Pepper Tree Lane 11333 SW Gaarde Rd. Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97224 10 Dan Quello 16445 SW 92nd Tigard, OR 97224 -3,7Z Z: e-2-7 c /ZS'/ C ) S _S h ) Arm- 2( 27-x -9( 7 Z; 7 7 tr • • Minutes of Meeting December 6, 1999 Spencer Vail, Planning Consultant for Rev. Quello, opened the meeting at 6:30 PM in the Quello home located at 14444 SW 92nd,.Tigard. He explained that the purpose of the meeting was to discuss preliminary proposal for a Code Amendment to the Historic Designation Chapter of the Tigard Development Code. He went over the list provided by the City of the Historic Buildings within the City. He then asked if there were questions. Following is a listing of the general categories of concern and the responses thereto: Q. Why are you requesting the text amendment? A. He explained the problems that had arisen regarding the weddings and receptions that the Quello's were conducting on their property. Current zoning does not allow for such activity to occur on residentially zoned properties. Additionally, the Development Code does not provide any method for a property owner to request consideration of such uses. Q. If adopted, what then? A. Vail explained that if the Code amendment is approved it will provide a mechanism for an application for a conditional use request. There would be public notice and a hearing on a specific proposal. At that time consideration could be given the Quello's request for the use of their property for weddings. Q. Are there any limitations or controls being proposed for inclusion in the ordinance? A. Vail indicated that the nature of the neighborhood complaints were mostly about amplified music. He proposed to include a provision that there be no amplified music during the reception. Processional music and songs during the ceremony would be allowed. Q. How might this proposal affect other Historic properties not in residential zones or on relatively small sites? V. Vail explained that other conditional use activities could be considered that may not now be allowed in the underlying zone. So long as monies generated were used for the maintenance and upkeep of the historic structure. Vail stated that if any other questions came up to give him a call. He also stated that when this item comes up for consideration they would get another letter. December 8, 1999 a,4 !PENCER VAIL ° PLANNING CONSULTANT September 7, 1999 Julia Hajduk City of Tigard Planning Dept. 13125 SW Hall Blvd. Tigard, OR 97223 re: Pre-application conference Dear Julia Please consider this letter as a request for a pre-application conference. I desire the conference to discuss procedures necessary to initiate an amendment to the City's Development Code. The purpose of the amendment would be to create a procedure that would allow for the consideration of the use of certain properties in the R-4 zone, or for properties with an Historic designation for activities not now allowed as either a permitted or conditional use. As you are aware, I represent Rev. Daniel Quello, owner of property at 16445 SW 92nd. He has been cited for violation of the City's Development Code in that he conducts weddings on his property. See City file#99-07 and Court Docket 1999-12076. Currently the City code does not contain any provisions for allowing any land use consideration for this type activity. The purpose of the amendment would be to establish a procedure and approval criteria that would allow for the consideration such activities. Several neighboring jurisdictions allow for approval of such uses in historic buildings as a conditional use. I have attached a copy of the City of Milwaukie's code for reference. I would like the pre-app conference to cover such issues as the procedure and estimated time line for such an amendment; the cost or fees that would be imposed by the City, to determine if the use or procedure I am proposing was specifically considered and denied in the most recent code update as well as any other factors you feel are relevant. Very trul yours 06/de.4i( pincer H. Vail 4505 N.E. 24TH AVENUE • PORTLAND, OREGON 97211 • 503/281-8245 • FAX 503/284-5506 • • SECTION 323—HISTORIC PRESERVATION Last Rev. Ord. #1737 5/18/93 OVERLAY ZONE HP 2. If all such programs or projects are demonstrated to the Commission to be unsuccessful, and the applicant has not withdrawn his application for demolition permit,the Building Official shall issue such permit, if the application otherwise complies with the codes and ordinances of the City. 3. Action by the Commission suspending issuance of the permit for demolition may be appealed to the City Council by the applicant for the permit, by filling a notice of appeal in the same manner as provided in subsection 323.6.F. 323.9 Uses permitted A. Primary uses. A resource may be used for any use which is allowed in the underlying district,subject to the specific requirements for the use, and all other requirements of this Section. B. Conditional uses. Except within low and moderate density residential designations, uses identified in subsection 323.9.0 below which would not be allowed in the underlying zones may be allowed when such use would preserve or improve a resource which would probably not be preserved or improved otherwise, subject to the provisions of subsection 323.6. Such uses may also be allowed in the low and moderate density residential designations if located along minor or major arterial streets, with the exception of bed and breakfast establishments, which may be located on any street. Approval of such uses shall include conditions mitigating adverse impact of the use on neighboring properties and other requirements as per Section 600 of the Zoning Ordinance, Conditional Uses. C. The following uses may be permitted after a public hearing conducted pursuant to subsection 1011.3 of the Zoning Ordinance: 1. Art and music studios. 2. Galleries. 3. Offices/clinics. 4. Craft shops. 5. Bed and breakfast establishments. 6. Gift shops. 7. Museums. 8. Catering services. 9. Bookstores. 10. Boutiques. 11. Restaurants. 323-9 • SECTION 323—HISTORIC PRESERVATION Last Rev. Ord.#1737 5/18/93 OVERLAY ZONE HP 12. Antique shops. 13. Community centers for civic or cultural events. 14. Other uses determined by the Planning Commission to be similar to those listed above. 323-10 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 16, 2002 1. CALL TO ORDER President Padgett 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. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Buehner, Munro, Scolar, Sutton, and Webb Commissioners Absent: Commissioner Mores Staff Present: Dick Bewersdorff, Planning Manager; Brad Kilby, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The Commission was advised about upcoming openings on the Planning Commission. The Commissioners were encouraged to tell friends, neighbors, co- workers, etc., about the openings. Applications will be accepted until October 31St President Padgett informed Commissioners about the Chamber of Commerce Candidates Forum which will be held September 17th. The three Council candidates, the Mayor, and the candidates for State Representative will be there. 4. APPROVE MEETING MINUTES Commissioner Buehner moved and Commissioner Munro seconded the motion to approve the August 5, 2002 meeting minutes as presented. The motion passed by a vote of 5-0. Commissioner Bienerth abstained. Commissioners Webb and Anderson arrived after the vote was taken. 5. WORKSHOP — BED AND BREAKFAST Associate Planner Brad Kilby gave a PowerPoint presentation (Exhibit A) to highlight the details of this project. He stated that staff wanted to find out whether or not the Commission feels it would be necessary to pursue drafting regulations to go before Council to permit bed and breakfast establishments as a home occupation in the City of Tigard. He gave some history of the project and described what several other jurisdictions are doing. Kilby explained that the Development Code for home occupations currently does not allow operation past a certain hour of the day. He looked at the definitions of bed and breakfasts from the ordinances of several jurisdictions. The number of rooms vary, they serve breakfast only to guests staying on the premises, they are PLANNING COMMISSION MEETING MINUTES—September 16,2002—Page 1 • owner occupied, and the guest stay is limited. Most jurisdictions surveyed allow them only as a conditional use. Kilby presented a list of possible criteria that might be used for bed and breakfasts in Tigard. Commissioner Buehner asked if other jurisdictions limit bed and breakfasts to busier streets rather than neighborhood streets. Kilby did not research in depth. He noted that Tualatin, Lake Oswego, and Gresham only had 1 or 2 citizen inquiries in the last 5 or 6 years. Commissioner Munro asked if staff was looking at only residential zones for bed and breakfasts. Kilby responded that staff was looking for input at this time to decide whether or not to pursue an amendment. He noted that it takes a lot of staff time and money to go through an amendment process and we don't want to write an amendment for only one person. President Padgett remarked that this type of establishment is allowed in commercial zones, like a motel. He commented that, in general, he is opposed to commercial encroachment in residential zones. He might lean toward the concept of a bed and breakfast if it was in a location that draws traffic anyway, e.g., a cultural or historical place. Commissioner Sutton noted that when people move into neighborhoods, it's a reasonable expectation that the neighbors won't have that kind of constant traffic. President Padgett observed that, in general, legislative amendments are triggered by a need to do something to all the common parcels in an area. Staff advised that if somebody comes to us now for a proposed bed and breakfast, they would have to propose a legislative amendment change to the code and we would hold a public hearing. The Commission discussed the issue further, saying they were not prepared to direct staff to draft a legislative amendment if there was no public outcry for bed and breakfast establishments. The question is who pays for the work — do we do it on our own as a community with tax-payer dollars or do we wait until it becomes an issue and have the applicants pay for it. Motion: Commissioner Munro moved that the Planning Commission direct staff to conclude their investigations of home use Bed and Breakfast issues at this point. Commissioner Anderson seconded the motion. The motion passed unanimously. Dick Bewersdorff said staff would next come back to the Commission with home occupations or the hillside development ordinance. PLANNING COMMISSION MEETING MINUTES—September 16,2002—Page 2 • • 6. UPDATE ON LONG RANGE PLANNING PROJECTS This item was cancelled. It will be rescheduled for a later date. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 7:38 p.m. j97G ynor, Pla ing Co ission Secretary ATTEST: Presi ent Mark Pa gett PLANNING COMMISSION MEETING MINUTES—September 16,2002—Page 3 .. . S . . . .• . . . - . '- - •' '• • -';-'-' :t. • . .• -- -$.- *.-4''' . !,;°.• .14 - . ' :... ' „--, J.- . 1 .• .• .• . .:•.. . : .• .• .• .• .• . D.D...-:1 hzi II* ''• .. ...... ' . . ..,•• . • t :,!?"4.4z:. -1,::: . . • : :1 .. .„• • ••-' '''. 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D • u .1/4„."} 1 : . . . . : .... •" • ••,•...:. •, • ... .......••••••••••. • D .1'1.; i1/4„.../ • - pvi 1 Iiii i.gec ••,.....L.,-, t.i NiM, .• .• .• On August 225 200" , the 72- trd .• .• .• .• .• .• City Council considered an .• .• .• .• .• .• .• .• amendment to allow bed and .• b 11 "asts within historically d ..... lated PI perth , a_ The amendment was denied at- staff was directed to study the issue at a later date .• .• .• .• • 0 A m 14 ,..77 -i7,d i r' sit 4.0 g The Planning Commission also recommended denial of the application prior to Council action At the time, the Planning Commission suggested reviewing bed & breakfasts as home occupations To discuss bed & breakfasts within the Tigard community b To discuss review criteria and the development review process that should be applied to applications for bed & breakfasts • • KF. 00 A STRUCTURE ORIGINALLY DESIGNED AND CONSTRUCTED FOR RESIDENTIAL LIVING THAT... RENTS UP TO ROOMS FOR OVERNIGHT GUESTS SERVES BREAKFAST TO THOSE GUESTS STAYING ON THE PREMISES IS OWNER OCCUPIED LIMITED STAY [fl D1RETIO1 y WEST LINN Home Occupations for those occupying 20% of the structure. Conditional Use for those occupying 30% of the structure BEAVERTON Conditional Use (not specifically addressed) LAKE OSWEGO Not a permitted use PORTLAND Conditional Use in residential zones OREGON CITY Conditional Use HILLSBORO Home Occupation permitted as a Conditional Use SALEM Special Use in residential zones. Permitted in commercial zones GRESHAM Special Use 0 4 • .: ,, i• , • • • f . ..., , • • • UL I ........• 4 1.•: C '' 1 .#1...,\ ..••• ; • 1 : 1 : ,.••• • ,•• .•• .•• '•••••••f•• NU. t i - . -.E - PING R .••• ... ii.... NUMBER OF Czi.IERTS ..••• 1..... SIC GE .....1..' 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'...'.....• -.'. ...x„.....;::'.i...,115g,„,:7,,.....i.1.•:•....kir.:::::.••:: ........."-. .,••••:,.....t.»,;•.::•••••• 0!,,••e-"..••••::::::;.:•,•4••. .........••••!:! :::•:::::i#::::::::::.V..::::::+:':•4:0:::. ; .• ..... ...Ai...Hi...v...........:—...:.... . . :..........:irill.. .. ••• •. . ... ..... . . ... • •. .....: '''.:::::".....1i .. •......••••'....' iii.iiiiiifi.: ....!........,............, .. •.. •'•'1:1111;:•.!•.: Ig:31i.f..........%;•.!•j:J.:.: . :inn.i...............::::1::;;;;;;,. ::::''''''2.:::. . •. .1 • • is gets. �r �. /gin i r City of Tigard TIGARD PLANNING COMMISSION Shapes qty SEPTEMBER 16, 2002 7:00 p.m. TIGARD CIVIC CENTER -TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES WORKSHOP - BED AND BREAKFAST RANGEIPEaN IN. 7. OTHER BUSINESS 8. ADJOURNMENT S August 8, 2001 The Quello House 16445 SW 92nd Avenue Tigard, Oregon 97224 To our Neighbors, On August 4th we held a reception for our daughter and her husband at our home. Before that event I had checked with legal counsel and was assured that we were well within our rights. There is no law anywhere that can prevent you or I from inviting guests onto our property to celebrate a wedding,anniversary, birthday, or family reunion. To be absolutely within the law, I stopped by Tigard city hall to verify the time at which our gathering would end(10 pm)and the noise level which we may not exceed(50 decibels). To ask if there was anything else we needed to do, to host such an event, I called Matthew Scheidegger at city hall 4-5 weeks before our reception and left a detailed message on his answering machine. He did not return my call. Several weeks before our event, I informed our two closest neighbors (we have about 10 lots adjoining ours) of our plans. To our neighbors who wished our daughter well and were happy for us, we say "Thank You". To those who embarrassed themselves by: -hiding in our bushes to take pictures of our canopy tents -photographing a truck driver making a delivery to our site,telling him our event was "illegal" -harassing three of our daughters bridesmaids from California as they made their way onto our property telling them their hosts were "breaking the law" Not only did you embarrass yourselves, you gave a wrong impression of the citizens of Tigard to our many out of town guests. What the land use hearing of 1999 dealt with was the ongoing"commercial use" of our property as a site for conducting weddings and receptions. In that request we were denied. That does not prohibit us, or anyone else, from using their property to celebrate the wedding,anniversary,promotion, birthday, or any other significant occasion of a family member or friend. We continue to desire to be on good terms with all of our neighbors, and ask you respectfully to mind your own business. Sincerely, Dan Quello Copies: City of Tigard . " • ' "cl - 0 00 o —es to i,..„.:,.7 . ,.;„.,;,., .,..,.„;,..,4'.7.iii .V'rf'4',C,''7.,-",'' r,';''■.7':'-::d'''r li,-.0'''''`'74,0'''"--;;40..ri6.1".. --,,.:Pf,'",?A,;'. 1":1:ip,::!H,''',■7,-,!,;;';,i'1,;7‘7, 1, ..'77'. .;A;;;11;,'-'";ji- l 'i';F '-''''''''.;Vt''''C''' ''' '''''''''''''':,',.'';:;.: ',V;;;r1if:','' ■''.'''''. .';';, ' r::; ;:.11,: 1,',.llAr, . ..v.,,,,,::;.;,,..),!,„.. „,,,,k...k-:;,,,,,.,t,--:-:,?4,;.-, .;.-'.'''.yr_c"?'.,:,y-,',O.',.t,,.;r..-, ,;:-.' ''''..' :,,,."',i-1:.',''''''. , :: ,'■••' •:!.,.;':.11',.',!" ',:',.f..— - .1, • ,liem•No.,.3. / • , ,:;!,: :..;::•., Meeting II /4- - CITY COUNCIL of .... ..„. . ,..„... MEETING MINUTES — OCTOBER 17, 2000 •• .-, 1. WO1U(SHOP MEETING .. ,....... , •-, • Woddhop,meeditg called to order at 6:30 p.m. by Mayor Griffith. 41 ,,,p.,• • Pledge,of Allegiance -• 4, 0 • MO Caff; Mayor Griffith, Councilors Hunt, Moore, Patton, and Schedda were ,I 0 ,4 1;,• present. •,,, * t- • Cowicil Commentilliakon RePorb -,r• ..„„ '0' •.,, ;'. Cotmdlor Hunt referred to the work being done at Cook Park and appreciated the .:,,,..1•• ..4.„ tree piandngs. '''''i.' Mayor Griffith advised he has been by the temporary site for the dog park twice; ., r., it was being used both tknes. ..., -;, City Manager Monahan noted that City of Beaverton Coundior Forrest Soth had , -, knee repbCement surgery and had some complications. The Coundi members •••,,, 31 ' signed a get-well card for Councilor So*. :,•• ...% 2. PREVIEW OF THE DRAFT TRANSPORTATION SYSTEM PLAN (TSP) UPDATE - .-.1 INITIATING THE ADOPTION PROCESS .„ City Engineer Dumas and Randy McCord from DKS (consultant) reviewed this '‘) ( agenda kern. The appearance of this kern on tordghes agenda represents the initiation 4 of the adoption process for the Transportadon System Plan (TSP) Update draft. It has been over a year since the Transportation System Plan Task Force began the process of overseeing the development of the TSP Update. The draft TSP Update ..,1 was completed in February 2000 and submitted for review and comment by in-house .,. , staff and various outside agencies. Comments were received from Metro, Washington tI .'. County, ODOT, and the cities of Beaverton and Tualatin. .:., . City Engineer Duenas distributed a TSP Update adoption process timeline, which culminates in a hearing before the City Council on December 19, 2000. - •i Mr. McCord reviewed the highlights of the TSP Update and addressed comments and questions concerning how funding has been identified. The TSP Update indudes transportation plans for pedestrians, bikes, transit and motor vehicles. A Tigard City Council workshop will be held on November 21, 2000, to gather ...,:„ more ideas and for discussion. , •:,,,, .1 ...„., ,-•,, „...--., f .C A COUNCIL MEETING MINUTES•OCT!,; - 17,2000-PAGE 1 ,.. r ---. •..■,_'',,..,.-:i.2-.:7:i:P,`,' — r''•— —- r' -'" ,• -:',1'''''' '7""-=''''':,-.1‘".I'''''i''.'..IIT!ij...,,- - ''':-- ::.'s-f..:'"-:''''''.7.Nj;'J- Or''''40; ' '';r''''''?, •'.- -.'',;:,,-errr':'2-ri:,:rr.'t;r1',.'-,.-fr,',:''V;',.1'' ,;'..,,'.,t,f;:::,;:; ,;-,::,.;,,,,i',,...:,,-v-;,";,. ..1; ',.,-,,::',..,:',, '.'.-:,;. ';_-.',...:;,,',.7.,!--` ,V...',.'.'.:.',, ,'", .,.`i...;,,i.'..;',. ,`;/;,,et,::..-',:;:.5.,,,'; ' r-— . , 3. UPDATE ON LONG-TERM WATER SUPPLY ''''' Public Works Director Wegner introduced this agenda item. A Power,,,,,point slide •,,,,, ioutlnktg•the status ofthe three options under consideration for long-term water. ',',4.1 ' River/South Fork option. On Octo, ber 10, 2000,the Council authorixedlhe Mayor .3 ,'o' tn sign a MeMoraiithin o..(iiiiiiiiritiiiding.(9"purnie: this option. A fatal flaw review • :: , has been completed on thli tipti''''' rin, Which indkated.that this is a viable alternative. .',,4, There are lanes to resolve,. biduding coMplex water right assignment and transfer -,:, questions. In addidon there are the unlmowns about the impact of the Endangered • Species Act on water rights and the allocation of existing water rights for Tigard from 1 other parddpanu. A draft intergovenunental Agreement (IGA) proposhig governance, the valuation and methodology for purchasing existing facilides, the defkrition of ownership and .?,.r; ,,,,,i,..,s,,,,.i;,.,11, capacity, and cat equity'and allocation is targeted for completionby Mardi gool. Ai, . if this option is fully reali:ed, then it is anticipated that final design, pemitthig and construction would be COMpleted by June 2004. . There was discussion by Council with staff and consultants about review of financial ',;'.6,,l,,, data, which will also detesmine whether the City would continue to go fonvard with A PubRc Worts Director Wegner advised that no matter which option the City chooses •:,,q.,,.: to pursue,water rates wlli need to be raised to brkig water to the cornmtmity. .,',,,s; Joe Thompson, Director of Utilities for the joint Water Commission, reviewed the ,,,,' second option. Mr. Thompson spent a few minutes reviewing the history of the „.„,,:,,, JWC, which has grovni with the number of partners over the years. He pointed out tiry that the J•VC would not be opposed to addlitg future Water partners. The ' participating agencies of the IV/C include HIllsbOro, Beaverton, Forest Grove, and the A Mr. Thompson reviewed the edsdng system and noted that raw water Is an Issue for - -.'ii9; the JWC, which estknates that they could be experiencing a shortage as early as :.,,.„, , :--- y. . t,.. !,, 1 • .,,,, ..!,, On July 14, 2000, the JWC approved the following , . . • Sell water, in the short tents,to Tigard ,,,,I,■ • Develop an,'GA kw Tigard"buy in" ...„ ..1 • Pursue an additional water source ...,4 ...'.',4`., Mr. Thompson estimated that it would be mid-2001 before a draft 1GA will be ready ' for consideradon. ..:'.,b Mr. Thompson advised that MC is anticipating$300 million in capital improvenents .-.1 to prepare for future water needs. ., -.-!, -..-,.,. ..:.:, The third opdon, the Portland Vilsolesale Contract, was reviewed by City of Tigard ;.7.1 Public Works Director Wegner. The 'Wholesale Group" consisting of purchasers of ...:, P . .,, Portland water, made a Presentation to Portland on October 5, 2000. This group -' .„ listed contract objecdves,which included the following .',. • Equity—if a party incurs costs, then that party assumes financial responsibility. 1 • Encourage regional consevadon. :,. • Predictable rates (stable—no more"peakine charges). • Provide financial incentive for Portland to manage costs effectively. ...„ • Preserves opportunity for equity Investment in future joint prefects. ...., •.,A • Predictable water supply that allows regional fiedbility. .. ., ,. ..;;? . • '4% .1., Public Works Director Wegner reviewed the "Portland Bedrock Principles,' which :.. .„ have been the underpinnings for the Wholesale Group members'contracts. ..* .:,.0 Public Works Director Wegner reviewed costs over 30 years for the group to use ,/- Portland water. The total is $666.2 million. A 'N .,i Public Works Operation Manager Miller reviewed the Portland Capital improvement .T,..„ Program. Portland Is looking at $300-500 million in improvements in the next few .., -,, years,which would Include filtration on Bull Run and an infrastructure Master Plan. ...,, ....-4, ..„ In response to a question from Comdlor Hunt, Public Works Operation Manager ,..i..il Miller confirmed that the filtration plant would accommodate Bull Run water, not the we ..-,.., The City of Portland Council will review the Wholesale Group comments by the end 1 of 2000.2000. Negotiations will start after January 1, 2001. Mr. Phil Smith of Murray Smith and Associates summarized the options: ve . .,..)., COUNCIL MEETING MINUTES•OCTOBER 17,2000•PAGE 3 . .:. ....:.,:.,;.4.... ; ..,.. 4 - . .- -, .. ..:-... . .,1..;;!,...:::::;•,;:.. . , ,,-?.',;'-',-:,,I',;,:- (:).' - o-o�::.;c - 'J,..'S„ „'x� n-r..,fTM!Zr:,"'t'-,;57`,7; -•; "n nH:'r iii+ dr.; m;c^ .;il",'1 '.l� ;,y,-, u:rnr ,ar)5aiu i,6G+ .1 l.i: �.( �i� rl. • All three options offer potential for long-term water supply for Tigard. • None of the options currently have available excess capacity for Tigard's long-term needs and all systems will need to upgraded and expanded. ' • There is no certainty that any option will meet Tigard's entire long-term needs at a reasonable cost within a reasonable dmeframe. ::i in response to a question from King City Interjovemm�e ntal Water board member, -_ Jan Drangsholt, Public Works Director Wegner noted that the Clackamas River and .:iii the JWC options offered part ownership as raw water sources are developed. Tigard will continue to explore all three options with periodic evaluations of each. 4. DISCUSSION OF POUCY FOR RIGHT-OF-WAY AND SIDEWALK -:t MAINTENANCE ON MAJOR COLLECTORS At the August 15, 2000, City Coun meeting, Council directed staff to investigate cil the costs of assuming respor ty/ ty for arterials and/or major collector streets for both sidewalk maintenance and weed/grass mowing and weed/grass maintenance `.< and then bring the issue back for Council review. Public Works Director Wegner reviewed the staff Whigs with the Council, with the highlights of his report shown on ' a PowerPoint slide presentation (copy is on file with the City Recorder). The recommendation of staff was that the City assumes enhanced right-of-way >> maintenance for 27,315 feet along major collectors abutting zoned residential property that is not currently being maintained. In addition, the City would provide basic maintenance along major collectors in areas of steep slopes or deep ditches. After the initial cast of $137,975 per year, the yearly cost of this option it °? $132,042. Staff noted there is a total of 23,928 feet of sidewalk adjacent to City sidewalk. Of '. this, 440 feet needs repairs at this time, which is estimated to cost 457,727. The City does not have equipment to do these repairs; Public Works Director Wegner estimated that it would cost under 4100,000 to do the repairs in the first year. Sidewalk maintenance repair along major collectors would require: • some inventory of current conditions, ` • development of standards for preventative maintenance and emergency response, `,,," es • provide for effective concrete repair, • establish frequency and level of ongoing inspection, •• determine where and how sidewalks need to be brought up to ADA standards, ={ • adopt a repair plan prior to accepting the liability exposure. , COUNCIL MEETING MINUTES•OCTOBER 17,2000-PAGE 4 a 146 t'• :1` ,„,,x, _„,,,,,,,,„..„.,,,,,„,„s,,,,,,,,..,„„.,...,,,,,,,,,,-., ..,,,,,,.,:,-,,p,,,,,,,,,pwr...,,,,,,:,-;;:g ',. 3,.,m,,,,F,A;',.:,,,,,f'.?inio$1':1:!,,P..-,,),,,,,,,;,..mhi,'''',y;,:;:107`,i,'?0,,,,:,-*,f,•:',:!,,,•:',.;`'':"P ',.,..,'',•-i\''1,;. ,."':'41'.:"'"\-6',.'7, 1t-.4■,('-'1-4,:"'.•..• '''' '',:"..10'.,:"';',9',;,•;'....r.,i:,P•ri,6-T, ',..'V;!•,,Vcs . :,iF., ■::.. -. .. -.:.,.4. .,„ After review of the staff report and'dicutsion about costs, Council decided to review ,!,;?-• these issues during the next fiscal year's budget-process. There was discussion of y-k developing a pitathren plan. Aho discussed was the idea of accepting sidewalk •-,,‘ maintenance In specified areas after an hiSPKII.On of the sidewalk found that the •!i.•42,, ..,.,, sidewalk was bittightitpto.:Staildir&•, TlietC0iiiid lasked for i'Mitire,finite study With F:,-:•:'',.',. :•f!.''•,':1.1.:ab:f e''.:•/,:, ,T..:•,''''''. :.7::•A;'-`-c''''.6::''''Hunt'•'";.,•:•.•Z.''''•::.1"-.:a.../.., 2.-,•,,.:..:;..1.-.',11,;,:•;:ff'-';':,:!::'.'77:......".":• --.''•:'.-7''.•::;;'.-:"...:.::•nr.'"' ''.':'"?'"':.: : . .:,, regard tR:4;Pata: 401111010r .notet that PrOPertY. OWneP'.a4acelitlo Durham •,., 4: Riiiid.:In the siiiii6iiiiiiiiiihaviiiiiiiiiiiihaticit-iii.ate respo..:..-,nsibiiiiiit the sidewalk ,••-,,,,l,:: VI since the sidewalk is far from their property. He asked for more definition. ,---:. . . .„. .'4.-...'. . -,.:. ,i.,‘:::' • PUblit.Works Director Wegner,J.,notetthat Maintenance issues-were not addressed for .,.,•„, ,,;,1,-''••• - areas such,as S%V 1350, Avenue Or Satder Street. These areas cadd be hscluded in a •:.,.. , ,•;;,:. . maintenance progr.an as an exception upon,approval by the City Council. -_,-,-, i, 5. BRIEFING ON RCN "BUNDLED" SERVICES CABLE/TELEC014141INICATION --,-,, ,.',. FRANCHISES . .., ,;-•‘-.-:"; 4.,•‘:. Finance Director Prosser ntrodUced thh agenda item. Coundi received information ..,..,, ,",. ." ,,,:i:-• .. „..:..-;:,,•,, .•„... , about,RCN "bundled" cable tdevisionttelecommadcadon franchises. Bruce Crest, ....J. .. .i,, Execudve Director for the Metropolitan Ara,Communications C.ornndssion (MACC) ,,,,,,, • and RCN's Lewd Counsel,Jeff Condit presented informadon•to the C.ouncll. MACC -•..,., - ,:,..:. , i'':Zir—•'" '' '''t■i.i.-: ,i. requested that Tiprd wait a cable frandthe to RClit,CortiOtadOn. This Is the first of several "bundled";* franchises to come before the Cowiti. Bundled franchises • provide cable and telectimuudcadons (data,and voice) serviCer,over a common line. •''3 , 4 RCN and other bundled providers wi require two franchises — one for cable •,_-,,, : television services that will be adndidstered by MACC and one for ,./.4 telecommrmications services that will be managed by bcal govenenents. Both ,,...„ 1 franchises will have to be closely coordinated, however. •.-,,:-./, 't .•<_':; In addition to the staff report, the Council received from MACC an "RCN Franchise ( Recommendadon to the City of Tigard." . Finance Director Prosser noted that a proposed ordinance granting the franchises will ...I ! be before the Cowidi on October 24, 2000. RCN has asked drat the Coundi , ., *prove the ordnance and dedare an anergency since Tigard is one of the last buisdkdors to consider approvaL Council WM consider an emergency clause with ,,.. justiliCadon for the emergency to be presented by RCN. . .:.,...1 Council meeting recessed: 8:58 p.m. ...„„ Council meeting reconvened: 907 p.m. —g.„.I , • 1 .. qt' .--; ItEElltieMINUTESr OCTOBER 17 2000-PNAE'5 . ...„, , 1.'„,,,:: ... , -.. „...,.. .:tq,2■ . '''''''":•)Pt‘'', '.A".0...%!''''''...', "''',C,i•.,n'':0',,. ,.''V,'"...j'I'','■ )4;1'14.%';:-:.::AV.'.i/g.'' .',,.....•%''%:'■:!.'..:(-5. .',.:r.d'k.''',,',.).'.'■,`■,:,!..,'''i!)).,,,,• :,,,,%4■',,,■4,,,•!:„1);„,,,',..■Ie,.';, ,:, „•0;,,;,:,,,If.:,,:,.,:!,;:q.,,,',i,,,,,,-•',1;:•k,,-7i.•.,,,•,::,,,v-),,.."•,h;.•;:.-.„,'!",;.-;1:'....!;::•,;11.:`1, f.',',,:i;,i::,;.. : - ' ” c'Cd' • ' ".' • o M , • V ,, �",., ,.a'. fi . ; ,, ;; ; "a-r' '�Y, ','5i.� i4 i 4r ' �,r r ri., +n? iM1 r'ic „t�r . „t t` iUi:`,` ,wP '; :-i' i r , , " . eC. .! l c,4!.: ...4,:-, .y^tP:,: ',-, ,, ":, :!.+ : .,,'' , S ,' +i+ ,.'h' 1 t , r; c, . 7,t. ., , . m•n:M1 „y„ .4- 6. DISCUSSION OF BED AND BREAKFAST USES IN RESIDENTIAL ZONES Community Development Director Hendryx introduced this agenda item. Assodate i, Planner Hajduk reviewed the staff report At the 22, 2000, Council ?. meeting,:. tike City GAM& decided not to approve a requested Zone Ordinance x`. '`'7 - .. .. .,- Vii:•.,' Instead,.. _ r Amendment'to allow_•bed and breakfast uses'in Historic Overlay zones. ', . n staff to h the Issue Y• come , IA considerationi.to,allow bed and brea kfast=.uses '�: and .• back with for 16 ` titles and ,Ind*.area:ioderdnre :zones. Staff contacted .,I, '+h alit in'residential:zones and if ;What their allow:bed and'breakfast ,,t trSE's, � . .:....:. process and f1Esb'iCdOnS Mlere. T� ';r;' results of�this research were ti at':there.+are many different views on how a bed and breakfast,use;'can tie processed. The staff report contains an evahradoru of the pros L'' and con�s,.of`permitting the use outright, by Home Occupation Permit and Conditional !, V Use Permit. } Councit'consensus, after discussion, was to place the processing of a Zone Ordinance ''4 ;S Amendment on hold. One of the requkements of considering an amendment of this •�; type is,to„notify all property owners hl' `zones, resulting hu an estimated cost •"�/'p ,;:; of$4,380. Council decided the processing-of this amendment rent should wait until there ;f, t{; are.one.or more shl�ar `.::.'.amendments.that can,be packaged at once. Beforie starting '` 4 tt'• again on the project, the Council Would Vie.to review the matter before sending it to >a,, ',A,f Connmb�siorr. ;;eat 7. METRO STREAMSIDE GOAL 5 RIPARIAN PLANNING UPDATE '�,•'' f Community Development Director Hendryx reviewed this item. This was an `" informational update on the status of the Metro Goal 5 planning process and on the ,. ;r regional Goal S Vision Statement sc led to be acted on by the Metro Council in ,7; r, a late October. ;:iii 1 1 Staff recommended that Mayor Griffith sign a letter indicating support of the vision ,}` ,,, statement. The letter also acknowledged the good job done by the Metro staff in '' recondthig the westside and Metro versions of the vkbn statement and in producing a consensus document that ail the region's jurisdictions and Interests can support. Consensus of Council was that the Major sign the letter. Councilor Sdhedda left the meeting at 9:20 p.m. and returned at 9:25 p.m. 8. CONTINUE REVIEW OF SW NORTH DAKOTA AND 130TM/HAWKS BEARD • • TRAFFIC CALMING DISCUSSIONS '° Mayor Griffith advised that h e supported a review of the Hawks Beard traffic calming .':.0 devices since, at the ®'d r -' 10, 2000, Council meeting It was pointed out that a `f`` 4 ,,' 0 ' , 4; o k IL MEETING''Wit/TES OCTOBER 1T 200PAGE 8 ; 4'. tij'. '.fah •ry ,., •1. •11•'1 `t -t� _ :l1` J, : .,Y 1,'G; ,1'a., ���r•� `'•`r 'i� ��'�•-�• tip; `'1"s'''•� ", ak :h'.ut° • + L(� ,�„ ti's wi 'r1t^ -�, ra t+,•:.b, oy yx l"+:,,,7p¢k it„`,r,.,�' ,-?y, ••L• } .,'i ,NAY -1 :. .,.,,,, ,T,,,,611:4,;;.,i;.0:44,10,-,r;?.;',„'.;,:X,,?'-,,f,',21.?'..:,.:',:=•.`N foi ,l';:... c:I.Ve.i.:1;f:tir...1.'„"::g:.'':'45''.:.:;::,'';;J:1:0 4,".4: '..:'.7 4,,:,:::', '2.,i''.'r. ...;40,:', .T'''''''' :''':''i■':. '''''''''' r,..iC':','''' ,■,'''' ':,'';-'''''''''' ' ' '' ''.t'fqi'''';r''''''5'''''' .'‘1'.. '. ' ''''i■''''''::'r''.'1''''.:...'.'..'''"in':',./.''.1'' ';',).,''.';ItP)''!''''':',;:':'''''''.!‘ 1 Pl'',.PT-S'.; ,f'S''-';,'N.,''!';'' '''k:,.',:/:',:..1■1,.!.b.:f.C:;:' '' ,'2.'''Z:.'';', •..r:,4,;,;4,,,, .1;si.,.,,i,,.,:::,11;-',,,y,;.,,-;,2,. .t;,,,k„fp-et1'..,„1,-,i;;•;1::=1‘;:s;1":-;%•:',•.*,-.: .;:■,,,,.. , ; 40"•;"' ; 1.4;•'' ...4'.i .,. , review was to have taken place after six months. The review was not done. He said .., ,5•'1', he would like to have a task force appointed to study the Issue Cattliting of former ..,. along with new membes who redde on SW North Dakota Street and also from other locations within the City. The Mayor,referred to probleMs cited and to the number of traffie tickets written at the Hatria,Bearttite fletaid.hel.WOuldlike ,)) the Task Force to look at the traffieflOW,and lift leak to a.',right& at SW'Nordi ,c4 • .:::,,,,; „,.., Dakota, so be It" e( ,1 ..,,p,... l'.. CoundlOr Schedda Said diardds approach sounds lair. Councilor Hunt said he had no comment at this time. .CoundorMoore said the Mayor's proposal was acceptable to . :,.:,•;,• .A.. him and he*add support the restudy proposed by the Mayor. C.oUndbe!Patton said ,A „„,... N, she would like to have the study be "open ended" and to see where the review of 4 Hawks Beard"takes uS." 'v ,f,,•,., -.•,,,, ., The Playor asked..for conwnents from those Waisted in the audience. Mr. Ed ..,., v.,. „....,,„ Haiberg said that he,understood that the Mayor was suggesting that SW North Dakota '• be kift as it is, for now. The Havks.Beardiraffic cairnhig. ' devices vvould-be reviewed - ) and,then, possffily, as a result olthis'review- a review of SW North Dakota would}be ,„,• , ., ,,. warranted. He said he would like to sec the same.,process utlized that was used -gi ,;,,e• before; that is form a task force. He said he trai anieriable to hew Members behig • ',.,,?., added to the Task Force. . ..,:i. :I. Cowidlor Hunt commented that he wadd Bke ft if a number of people from outside .4, . ,•'•) the area were appointed to die Task Force. ' r., . „,..,•, Coundlor Patton noted concerns about cfiscountbg the Task Force's work on SW )p North Dakota and Hawks Beard. She said the believed the Task Fare members tried „ . •,„„„ to be oblecdve in their findings. Coundlor Hunt agreed that the ddien members had '4 made this effort; however, he noted that he remabedtroUbled with the actions on the i ,.,. , 1 part of former Councifor Roldf. Councffor Moore added that he daught the C.oundi .„ had learned a valuable lesson; a Camcilor shoidd ha'be appeinted as a liaison to a ? task force if he/she is kwoived in the prOblem under review. He noted diat the ..,,,,, . ., •-,4 Council supported the Task Force and appointed Coinidlor ROtdf as the Raison. -!,-;,•; Mayor Griffith confirmed that the dUdes and membership of the Task Force would be presented to the Council for its review. .„-.., .v. -.., ,•,.,. •,„... -.„,. 9. REVIEW COUNCIL MEETING QUESTIONS -.4 City Manager Monahan reviewed,the staff report on this agenda item. He clarified '• -.1::.; , protocol regarding Study Sessions, Camdi Connnunkadons and Council liaison .:„..,.3.., 1 Repoli:. 1; t, '.. h.. .j''''■,r,'' 1.. COU '"1 '''MEETIPIG FAINUTE/A OCT 0 : -17 2000=PAGE.7 „ .,... .,.....;. ..„.,,,,'....?.,,,y.k.,- :'4:Y4)', .';;',':•:' ,':::-.:,, ,,./.,,,,. ..: '(,;]'4.'4;1'?•...:,,.:1".4.•,,,.2 .,.;::::*••i,,,'•'..'':;,Y..,''';,,i..'.'2„;.•;;,;;(.,.,.., ,•:,,..:.. ;;;,....... :::%oir':.:1!,,•4',,:„•.1.',.',.1.•;41•,'W.:;;;;!,•-•':'••:,..'6,01:,',,I;Xj,„,".;,$,;:',',:;,.:;;';::.:,•',gi.„4,y-'-,-,,,,,”4,''.,:;•.-'-,•!.';'A..:;:,.3?;;;N,:!,,.n.';.•,;',1::11,:k::p:ni4„:;,;1,,,';',,i,:,,,,,ki,„..:,,: 1-=',.Z'.:;--0,•:..,a;'::`.:.•14..•,..;;•::; '-'•':- •.::,,•j,•••-•;;:'.'..i:4 li A:4.P":::....-4'.. ‘0,'ll';:41..",,,:.',,,;,?;,,:;:?';'13-).''!!.?,;.t.';:,*:,,"'c;14.''.;.„,,i:,.:'' .4::,,?''''4'.;,.4,4,1. :,.: '41,/,--.4f k ;.:,/,,....'',..:.'',"::'::: ....''■'.,S,•,,,,..„4.;',l''''.:.■,,,:,■.1. ,.,'''''‘::::.1.',::,, ': '..'. r) ::' °'''' ,'_'' '"' ' iP: '?° f .'F(•: •hr... +.x{-" a��H"r• .tv:,i(� „,7c�.a-kil 2^l1., 1 - if h a:�r;f•. CrYk ;(��'!`� .l, •""•.1... J{�P�. H„` •.li..:«.• .,A,:,,,1 1 :I��� N. 10. COUNCIL GOAL UPDATE ` 0 City Manager Monahan noted the goal update as presented to the City Council. „,,.. 1: 11. DISCUSSION ON REVIEW OF CITY ATTORNEY CONTRACT , '' City Manager Monahan noted that it was thne to review the contract with the City '. Attorney's Office (Ramis, Crew, Corrigan a Bachrach). The attorneys are not 'r% '' suggesting a rate change. Council discussed some of the quesdons that they may ask City Attorney Rands during the Study Session on October 24. A ddzen raked an i� of conflict of interest concerns earlier this year. City Manager Monahan K, reviewed his response. The law firm represents other dents and has an obligation to , v disclose when potential conflicts of blter+est may exist. 1t 3 .: 4,. Mr. Monahan will advise Mr. Ram is that the Council will want to discuss City 0 • Attorney gaffing at Council meetings and parddpation daring Council meetings. ,} =t '':'it 12. COUNCIL LIAISON REPORTS A ,s l; Coundlor Sdiedda advised that he would be attending the Metropolitan Area Communications Board meeting on Friday, October 20. 13. NON-AGENDA ITEMS '” City Manager Monahan noted activities on October 28, 2000,with regard to Make a A, i Difference Day. Councilor Patton advised she would help with the library project. ,:.' A Ribbon Cutting Ceremony will be held on October 28, 2000, 12:30 for the Main/Ash Bridge (Fans Creek Trail). g ). • City Manager Monahan noted that an "' i adjacent property owner, Mr. Hammond, will need to monitor some environmental `'`j f items and the City will be signing off on documents that will allow him to do that. :4I' 1 City Manager Monahan noted the projects that Team Tigard (City of Tigard .'" employee volunteers) has undertaken. Last April, employees volunteered to do some " ' maintenance work on a house in the Metzger area. In July, employees participated in •,:.t= a walk for the American Cancer Society. The next project will be to participate in an '4{ Adopt A•Street program with the Oregon Department of Transportation. City l employees have volunteered to clear litter from the right of way of Hall Boulevard ,,3JI COUNCIL MEETING MINUTES•.OCTOBER 17,2000••PAGE 8 ,,,,„ ' i �k tip.,. ;'tV^! I�t;!ti� 1�:.:{,, t�,< � °r`'i !4, .� l4iiri<..}•r .� � }h k ,�Vi r �, c a.. 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Ca,.n:.o;:a:.,-goen",:r,? , n 7 ned Z., h7h7V:, W'erai',-".•s c re.• wadd do a sveep and pick up ayedcahns . pubficrgt of warmNovember20 200 0. This shouki:give candidates,aitiPittiMe after the election to remove signs. City Manager Monahan reminded the City Council of the Employee Benefits Fair on Thursday 0 — , ---19 2000 - .., .44 iv 1,cri (0',. City. Manager Monahan an POted that Assodate Planner Nidlohon and Code ,. . ,Enforcement Officer Goma resigned. Mr. Monahan responded to quesdons from "-.• .„ Giundi about staffing hi the Comicality DevelOPment Department. ......, •,,,., .,...., ,qt 14. EXECUTIVE SESSION:Canceled. 3 .....1 ,0 ,T 15. ADJOURNMENT: 10:07 p.m. , 01 .....:::.i fi •.,, .-'1.:, / • . , W ' Atteg: " 77....1 - .., , 7171 t • 17. ..A A, .•-. 1 t.. I ,... .,A 4? . , , , * ' - - 7 0! 7';.!"rf; 4:, ' I , .i • ..,-0 , ve■, . ‘.0 ..1 .'... ' ••"kW, •C1,,,P• . hADMICATHYCW4001017.00C .:0. ••-,:i s.. • ,::St ..'‘■:-3 'i. . r1 ..,5: ',:# • ,:;11, 41 ' Ylsr- + - i '••••...N,, c,. " . )..'1•-",•' :•, . i rim_ meettio. ....„.„..... ,.. .,„.,„ .,.__ ._ :,..„. , ,moivrEs•-1 0 0 — ' 6 ' . — ' • "17,200014AG E9 .,•• ••!1,,,,,,•7 ..•;"k''Pe', ' •-7•4-,:''''.:?" "1.•:•t.:,,,F.•- ,,, , . -..,• :7... ‘• ',,,:',•,,•,.:.-;',n.','i\,••-.•P• ' '5•I'4"::7 ..,. . - -''.•:'•'''''.7., .'• "":4'■. ' •"''',•■•''.,— •••■:.•,.'',',,.•.',:''Y•••••,'F',::.';'•:',•:'''F'''''''.:!.-•';';','"'-',.?'''''''''"Y.''''''';...-- -'I" ,.••I. .:V.J.7 ',/'•78'''.'•. .'''■4;,71:.,',',, ::,...7:N....?'.1:',!:,'V-';,''',1,;;7.`,..:;7•':',!,,,,,,.•1,”i.?:•!•.;:.•:',,'''''i',7?'..;.',';':7•'•.•>,..-?-7V•..,:F.:•-•.".■,:,-:.„-'••:."Mi•;"•.' ,','':, ' • •.ii;,,,'7.,,,-',,••'.;! '•'•••■•,fi,./;„`".,•..••,••••••'',,,..•r-';',%••.•:',...7'.''...f:••••••••,,•,'F.'•;',,-,',.',.■,:'',1-7."'F''..410•71.•'''?.,'",,,,•••'•"•,■,,`.`•F,:,•,',,,,`•••,:.,•,,'-'7-f•,",-•-.2:7••,•• N'• :,,',...' ";;4,.p.t,' ,:%;,,,,:,,t'..ji,--,..!!.ry,,c.' ." ■. 1.,.:,.q;,,t:,..;,..4.,, --,;,;",..,..,,v:,;;.,;,,cyg,,,....,1!„•:. ..:..A...,::.,,;att!•eqc . , ...,,:,:p; ,,,,,,,,.;,:.;,,;„•,•,„F,, :,..,. ..:,..cp:,,;•, ,,,••Af.:' ,:i1;0,:.,;.:,,••....1..70,•=4;-4 v,,,r,.,:,,A.„;•••::,:crk:•,,,aq,,,f,o,;,•;70;0,?,,,,.,..,5•04`,,•s--..,4c.;j4v::.•,:.,•--;,:,•::•;.;;:,o/r,,,•;.'z";7.•:'',4:;•",..;•••,:.:..,:,-.,'-.•::4g,..,,,,. "".•••,":•" ,, ,:..■1,:„:p 31 ,,,,..-‘,,..(4.:,1 ,,,..^,6„,-, ht.,7',,...!it: ;;,:M.,.,',,-',..:.- .,,,,,t.74!..,..y,?-,. ' '1,,,,,!'., 1..nt,.■;.,,.( . .,4 ( k . ( ...-......((o , (( (7 4.„ .' -. G - . • ,i• c „ , C u • ....,,,,,,,.....,....1,1,46,....,,,...,........,,--. • • -----(; 44j"kj‘ - AL TIGARD CITY COLINC L' �_ � CITY OF TIGARD .WORKSHOP MEETING c'®CST®B '°,l 000 ��6.30 P > TIGARD CI�& - ` S1 V HALL,:BL-VDT T GARD` OREGOt 9722 3 PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 503-639- 4171,x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA- OCTOBER 17, 2000 -.PAGE 1 • AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING OCTOBER 17, 2000 6:30 PM - 1. WORKSHOP MEETING • Call to Order: Mayor Griffith ' • Pledge of Allegiance • Council Communications 8L Liaison Reports • Call to Staff and Council for Non Agenda Items 6:35 PM 2. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660.(1) (d), (e), (f) 8t (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 6:40 PM 3. PREVIEW OF THE DRAFT TRANSPORTATION SYSTEM PLAN (TSP) UPDATE - INITIATING THE ADOPTION PROCESS a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments c. Direction to Staff: Should staff prepare questions and comment for the next discussion during the November 21, 2000, City Council meeting? 6:50 PM 4. UPDATE ON LONG-TERM WATER SUPPLY a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments c. Direction to Staff: Should staff continue to investigate the Clackamas, the Joint Water Commission, and the Portland Wholesale Contract as potential long- term water supply options? COUNCIL AGENDA- OCTOBER 17, 2000 - PAGE 2 • 4 • 7:35 PM 5. DISCUSSION OF POLICY FOR RIGHT-OF-WAY AND SIDEWALK MAINTENANCE ON MAJOR COLLECTORS a. Staff Report: Public Works and Administration Staff b. Council Discussion, Questions, Comments c. Direction to Staff: Should staff develop, for formal Council adoption, a policy to assume responsibility for enhanced right-of-way maintenance and sidewalk maintenance as outlined in the staff recommendation proposed in the October 17, 2000, City Council packet? 8:20 PM 6. DISCUSSION OF BED AND BREAKFAST USES IN RESIDENTIAL ZONES a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments c. Direction to Staff: Should staff begin processing a Zone Ordinance Amendment to allow bed and breakfast uses in residential zones? 8:50 PM 7. COUNCIL LIAISON REPORTS 9:00 PM 8. NON-AGENDA ITEMS 9:10 PM 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 81 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9:20 PM 10. ADJOURNMENT I:\ADM\CATFMCCA\001017.DOC • • COUNCIL AGENDA- OCTOBER 17, 2000 - PAGE 3 • Jo w41 AGENDA ITEM# CO FOR AGENDA OF October 17, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Discussion of Bed and Breakfast Uses in Re '. -ntial Z•nes. PREPARED BY: Julia Hajduk C� DEPT HEAD OK / 1L /./,/4 Y MGR OK ISSUE BEFORE THE/COUNCIL Should the Community Development Code be changed to allow bed and breakfast uses in residential zones? STAFF RECOMMENDATION Direct staff to begin processing a Zone Ordinance Amendment to allow bed and breakfast uses in residential zones as conditional uses. INFORMATION SUMMARY At the August 22, 2000 City Council meeting, the City Council decided not to approve a requested Zone Ordinance Amendment to allow bed and breakfast uses in Historic Overlay zones. Instead, the Council directed staff to research the issue and come back with options for consideration to allow bed and breakfast uses in all residential zones. Staff has contacted 16 other cities and counties in the area to determine if they allow bed and breakfast uses in residential zones and if they did, what their process and restrictions were. Of the 16 cities and counties contacted, only 3 did not have any provisions for bed and breakfast uses in residential zones (Lake Oswego, Tualatin, and King City). The remaining cities allow bed and breakfast uses, but have different definitions (number of rooms or guests) and different approval processes. The table attached as Exhibit 1 summarizes the processes for the cities that allow the proposed use. 0 v��y9� c As the table shows, there are many different views on how a bed and breakfast use can be processed. Staff Y p will evaluate the pros and cons of permitting the use outright, by Home Occupation Permit (HOP), and Conditional Use Permit(CUP) immediately below: OUTRIGHT PERMITTED USE This method would be the easiest for property owners wanting a bed and breakfast. If the definition of bed and breakfast were clearly written in regard to the number of rooms, guests and parking, it would be a simple straightforward process. The problem with Outright Permitted Use is that there would be no notice to neighbors and no comment period, and there is no method for staff to confirm that the standards are met. In addition, commercial activity in residential areas has created conflict and complaints in the past. Having no limits or review would only exacerbate the existing problems. HOP TYPE II This would require changing the HOP section of the Development Code to permit bed and breakfast uses. The definition of bed and breakfast would need to be created to clearly define the number of rooms, guests, etc. The advantage of this process would be that it would be fairly straightforward and if the applicant met the HOP criteria, they would receive approval. There would also be notice to property owners and an opportunity to comment. The problem is that it would not allow staff to apply any discretion in the decision-making process based on the location, size, or other potential issues that could arise. • • CONDITIONAL USE This process would allow the highest level of review and allow additional conditions to be placed on properties that would help to eliminate impacts on neighboring properties. The problem with the CUP is that it would create a more complex process for something that should have very specific and clear criteria. Neighbors will likely be opposed to any additional impacts to their neighborhood. Having a public hearing may provide them with the frustration of not being able to stop a bed and breakfast use that meets the Conditional Use standards. Additional Issues There were questions at the City Council meeting regarding whether or not the building code had a limit on the number of rooms. Staff contacted the Building Division and found that as long as the house was owner occupied and there were no more than 5 guestrooms and no commercial kitchen, the house would have an R-1 occupancy and would not have to be upgraded for ADA accessibility. The house would have to obtain building review to insure that access and egress standards were met for fire safety issues. Staff Recommendation Staff recommends that the number of guestrooms permitted for a bed and breakfast be limited to 5. This will insure that the occupancy type remains residential and does not require significant upgrades and will limit the number of customers and vehicle trips entering into residential neighborhoods. Based on the information reviewed of other cities, as well as, questions raised by the Council and keeping the concerns of citizens in mind, staff has the following recommendation to Council: • Allow bed and breakfast uses in all residential zones subject to a Conditional Use Permit in order to provide a more detailed review of site impacts, as well as, the ability to impose additional conditions as needed; • The bed and breakfast must be owner/operator occupied (if not owner occupied, it would be primarily a commercial establishment instead of a residence and the use would be considered Transient Lodging); • Limit the number of guest rooms to 5 with a maximum of 10 guests per night (this allows 2 people per room); S C-//Cs 7//oi- S c-o/ns ! /fr 744 i'orres.'s 7 7, r r s,<119 ✓,a,u7 s - S /0-If<< z�9 B-1.5 _� • Guestrooms must be within or attached to the primary structure. This would pr. ibit accessory structures which are allowed to be closer to the property line than primary structures. An accessory i`3 structure, attached by a breeze way is considered part of the primary structure and would be permitted; • A minimum of 1 paved parking space per guest room is required in addition to the parking for the residence; • Food services may only be provided to overnight guests of the bed and breakfast facility; • Only rooms designed as sleeping rooms shall be used for guest rooms; • The bed and breakfast owner shall maintain a current business license; • The structure shall be designed for and occupied as a single-family residence; • Activities including luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities or other gatherings for direct or indirect compensation, are prohibited; • No more than 1 outside employee is permitted; • No cooking facilities are permitted in guestrooms; and ' • One non-illuminated sign, not exceeding 1.5 square feet shall be permitted and must be attached to the residence or placed in a window. • • • Draft language has not been included because direction is needed on which process to pursue and what limits are to be placed on the use. Once direction is received, staff will draft language in the appropriate section of the Tigard Development Code and begin processing the amendment by scheduling the Planning Commission public hearing. However, the Council must first decide if they want to direct staff to process this amendment. Time Frame The City Council could decide to direct staff to package this proposal with several other code amendments to save on mailing costs. At this time, there are no proposed amendments that must meet the Ballot Measure 56 requirement. Regardless of when the proposal is processed, the estimated time frame from beginning to end is approximately 4 months. This time estimate includes the required 45-day DLCD notice, a public hearing by the Planning Commission, and a public hearing by the City Council. In addition, changing the City Development Code will affect only the City limits. Washington County would have to amend its adoption of the City's Code for the Urban Services Area for any new regulations to be effective outside of the City limits. Amendments to the Washington County Code must be initiated by the County Board. If the Tigard Development Code is amended and the County Code is not, properties in the Urban Services Area will not be able to apply to operate bed and breakfast uses even though properties within the City could. This will cause confusion for both citizens and staff. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY • N/A. FISCAL NOTES There are costs associated with this project because of the required Ballot Measure 56 notice. Based on the number of residential tax lots in the City (12,578), the estimated cost of mailing notic&to all property owners in residential zones is $4,830. In addition, there will be an estimated 32 hours of'staff-time needed for this project alone too answer the phone calls generated by the notice sent during the first week,and an additional 2 hours a day for an additional couple of weeks. This estimate is based on conversations with Planners from other Cities that have sent out the required Ballot Measure 56 notice. This time does not include the staff time required in preparation of the proposal and packet information. Staff time is limited at the present time due to staff shortages. There is no budget for Ballot Measure 56 costs. i:\curpin\julia\ZOA\B&B ais.doc 29-Sept-00/12:25 PM • • • • • EXHIBIT 1 BED AND BREAKFAST USE SURVEY 'COUNTY ; OUTRIGHT HOP : : ASCo:NDITIONALUSE WASHINGTON For 5 or less guestrooms COUNTY (Type I) (Not in Urban Services area) FOREST GROVE For less than 3 rooms For more than 3 guestrooms No 11447 WILSONVILLE (c—r 5 less guestrooms WEST LINN For 2 or less guestrooms BEAVERTON For 3 or fewer guestrooms in medium and high density only (referred to as Homestay —.not bed and breakfast uses) NEWBERG For 2 or less guestrooms in For any rooms in low density residential zones and medium and high density for more than 2 rooms in medium and high residential zones and in density residential zones and residential residential professional and professional and neighborhood commercial zones neighborhood commercial zones 146 //PA:4) MILWAUKIE In Historic Overlay zones and Mixed Use zones ,\ • only. No limit on the number of rooms Pt° GLADSTONE No provisions for bed and breakfast uses but they think it would be possible to do one as a HOP if it were requested. HILLSBORO Only in structures designated as cultural resources in residential zones. This permit is also subject to a HOP. The e -a- oom limit. CLACKAMAS For 1-2 guestrooms and no For uji cestrooms in most residential zones COUNTY more than 5 guests per night (considered bed and breakfast residence). Bed (considered bed and breakfast and breakfast inns permitted in more rural zones homestay) which allows up to 1 guestrooms OREGON CITY For up to 4 guestrooms in residential zones and ,up to 1 rooms in commercial zones PORTLAND oteLiwiess guestrooms GRESHAM Process is a Type II Community Services (similar to CUP as far as restrictions but there is no public • hearing — Gresham does not have a CUP process). • Maximum of 4 guestrooms 1:\curpin\juliaNzoa\B&B analysis.doc 28-Sep-00 • • 120 DAYS = N/A CITY+a q r• OF TIGARD Community DDeveCopment Shaping Better Communit CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 Case Name: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES Names of Owners: N/A Name of Applicant: Dan Quello Address of Applicant: 16445 SW 92nd Avenue Tigard, Oregon 97224 Address of Property: All zones with an Historic Overlay designation citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S RECOMMENDATION TO DENY A REQUEST FOR A ZONE ORDINANCE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 17, 2000 FOR THE PURPOSE OF MAKING f RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON AUGUST 22, 2000 PRIOR TO MAKING A DECISION ON THE REQUEST. ON SEPTEMBER 12, 2000, THE CITY COUNCIL PASSED RESOLUTION NO. 00-56 FORMALLY DENYING THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND TESTIMONY: Request: > The applicant requested an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1. Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. Action: > ❑ Approval as Requested ❑ Approval with Conditions ® Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: Owners of Record Within the Required Distance ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator ® The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE:DECISION WAS SIGNED ON`:SEPTEMBER 12, 2000,:AND°BECOMES EFFECTIVE ON SEPTEMBER;`f4,12000 ... The adopted findings of fact, decision and statement of.conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ' • CITY OF TIGARD, OREGON • RESOLUTION NO. 00--d(O A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT (ZOA2000-00001) TO ALLOW OUTDOOR WEDDINGS AND BED AND BREAKFAST USES IN HISTORIC OVERLAY ZONES WHEREAS, the Planning Commission held a Public Hearing on July 17,2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation, and WHEREAS, the City Council opened a Public Hearing and heard testimony on the request on August 22,2000; and WHEREAS,the requested Zone Ordinance Amendment has been reviewed for consistency with applicable City and State criteria; and WHEREAS,the City Council finds that approving this request would not be in the best interest of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow outdoor weddings and bed and breakfast uses on properties having a historic overlay designation is denied. PASSED: This is day of ,2000. • / AMC., ....:I _ ayor-Cityo // • ATTEST: eaitiv2/Lx "LE tO City Recorder-City of Tigard i:'curpinyuliabna7000-0 I RES.doc 30-Aug-0O/8:36 AM RESOLUTION NO. 00-&/ . Page 1of1 • 410-- (41)494"). TIGARD CITYCOUNCIL 11h+ �\ BUSINESS MEETING �.. CITY SEPTEIHBfR�' � `� ��, OF TIGARD 1°2;-`200Q`,�:> -`63Q�PN1. .. �1 R31 25 SWI:BLVDs�`����=r��:r:3,..� ;::- ..,:.. TIGARD=°`OREGOxN 972`23x :¢.. :; ,�s� •nit: ;�^'��c;�.�`�'°`t"'«:��:�; i° r,,;.�r;::m "`'v�'�*�:.<s PUBLIC NOTICE: Anyone wishing torspeak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA- SEPTEMBER 12, 2000 - PAGE 1 • AGENDA TIGARD CITY COUNCIL BUSINESS MEETING SEPTEMBER 12, 2000 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8.1 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Preview Update on the Long-term Water Supply (See Agenda Item No. 10) 7:00- 7:30 PM > RECEPTION — Mayor James (Jim) E. Griffith 7:30 PM 1 . BUSINESS MEETING 1 .1 Call to Order - City Council 8t Local Contract Review Board 1 .2 Roll Call 1 .3 Pledge of Allegiance 1 .4 Council Communications 1 .5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. ADMINISTER OATH OF OFFICE: MAYOR JAMES E. "JIM" GRIFFITH a. Staff Introduction: City Manager Monahan b. Council Remarks c. Administer Oath of Office: City Attorney Ramis d. Mayor Griffith Comments 7:50 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:55 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: July 11, 18, 25 and August 8, 2000 COUNCIL AGENDA— SEPTEMBER 12, 2000 - PAGE 2 r• • • 4.2 Receive and File: a. Council Calendar - b. Tentative Agenda 4.3 Approve a Training Request for Detective Gary Wayt to Attend the Northwest Fraud Investigator's Association Training Conference 4.4 Adopt a New Collective Bargaining Agreement between the City and the Tigard Police Officers Association (TPOA) — Resolution No. 00 - 4.5 Approve a Budget Amendment #2 to the Fiscal Year 2000-2001 Adopted Budget to Allow Payment of the Negotiated Salary Settlement with Tigard Police Officers Association — Resolution • I• - ` .• enying a Requested Zone Ordinance Amendment (ZOA 2000-00001 ) to Allow Outdoor. Weddings and Bed and Breakfast Uses in Historic Overlay Zones — Resolution No. 00 - 4.7 Local Contract Review Board a. _ Reject All Bid Proposals for the Construction of_Ash Avenue and Burnham Street Sanitary Sewer Improvements • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 8:00 PM 5. CONSIDER A RESOLUTION ACKNOWLEDGING COMPLETION OF THE TRANSPORTATION BOND TASK FORCE MISSION, DEACTIVATING THE TASK FORCE, AND COMMENDING THE TASK FORCE MEMBERS FOR A JOB WELL DONE a. Staff Report: Engineering Department b. Council Discussion, Questions, Comments c. Council Consideration: Resolution No. 00 - 8:05 PM 6. BRIEFING ON STAFF PLANS FOR FOLLOW-UP TO THE OPINION POLL RESULTS a. Staff Report: All Departments 8:20 PM 7. PUBLIC HEARING (QUASI-JUDICIAL) APPEAL OF FINAL ORDER NO. 2000-02PC — TRI-COUNTY CENTER ITEM ON APPEAL: At the May 15, 2000 public hearing, the Planning Commission approved, subject to conditions, a request for approval of conceptual plan review for two alternative designs for new construction of a shopping center as a Planned Development. COUNCIL AGENDA— SEPTEMBER 12, 2000 - PAGE 3 • • ' OPTION 1: This is the proposed new construction of a 297,179 square foot Shopping Center on a total site area of 27.33 acres; a Lot Line Adjustment to reconfigure the existing parcels to accommodate future ownership, and Sensitive Land Review. OPTION 2: This is the proposed new construction of a 330,312 square foot Shopping Center on a total site area of 27.33 acres; a Lot Line Adjustment to reconfigure the existing parcels to accommodate future ownership, and Sensitive Lands Review. A prior request for approval of a Comprehensive Plan Amendment to the Water.Resource Overlay District including fill and mitigation of a portion of the existing wetlands was granted on June 23, 1998 and became effective July 23, 1998 by Final Order of the Tigard City Council. CONDITIONS BEING APPEALED: On June 5, 2000 the applicant filed an appeal of certain conditions of approval contained in the decision. The specific conditions appealed and items to which they are related are summarized as follows: Condition #1 : Overall Condition related to the Design Evaluation Team Option; Condition #7: Street Improvements to include the future Widening of SW Dartmouth; Condition #22: Verification related to any ground disturbances in areas of steep slopes; Condition #25 - OPTION 2 ONLY: Relocation of parking area near the bend of SW Hermoso Way outside of area of steep slopes; Condition #26: Provide landscaping, an arcade or a hard surfaced expansion of the pedestrian path along SW Dartmouth Street between the structure and the wetlands/public street; Condition #56 - OPTION 1 ONLY: Comply with zero-foot building setback standards for Pad E; Condition #58 - OPTION 2 ONLY: Comply with zero-foot building setback standards for Major II-IV; and Condition #73: Provide a public or private street connecting SW Dartmouth Street to SW Hermoso Way. LOCATION: The site is located on the south side of SW Dartmouth Street and on the west side of SW 72nd Avenue and is east of State Highway 217. The site also includes 6 lots along the north side of Hermoso Way. The site address is 12265 SW 72nd; WCTM 1 S 136CD, Tax Lot 04200; 2S 1 O 1 BA, Tax Lots 00100, 00101, 00300, 00400, 00401 and 00402; 2S 101 AB, Tax Lots 01300, 01400, 01401, 01402, 01403, 01404. COMPREHENSIVE PLAN DESIGNATION: General Commercial and Mixed Use Employment. ZONING DESIGNATIONS: C-G (PD) and MUE. The General Commercial zoning district provides for the provision of a wide range of major retail goods and services. The Mixed Use Employment zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. COUNCIL AGENDA— SEPTEMBER 12, 2000 - PAGE 4 • • REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters and Sections: 18.390, 18.390.050, 18.620, 18.620.020, 18.620.030, 18.620.040, 18.775, 18.810, 18.810.030. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Discussion, Questions, Comments g. Close Public Hearing h. Council Consideration: Resolution No. 00 - 9:20 PM 8. PUBLIC HEARING FOR RENAMING OF SW 129T" AVENUE, NORTH OF SW BULL MOUNTAIN ROAD, WITHIN THE WOODFORD ESTATES SUBDIVISION, AND RENAMING A PORTION OF SW 132ND AVENUE FROM SW BENCHVIEW TERRACE TO A NEW STREET INTERSECTION ADJACENT TO THE QUAIL HOLLOW-WEST SUBDIVISION a. Open Public Hearing b. Staff Report: Engineering Department c. Public Testimony (Proponents, Opponents, Rebuttal) d. Staff Recommendation e. Council Discussion, Questions, Comments f. Close Public Hearing g. Council Consideration: Resolution No. 00 - 9:30 PM 9. UPDATE: LONG-TERM WATER SUPPLY a. Staff Report: Public Works Department b. Council Discussion c. Direction to Staff: Advise whether staff should continue to work on the three water options, until such time as sufficient data is available to make a decision by Tigard and its integrated Water Board partners. 9:40 PM 10. SURVEY AND DISCUSSION OF HOME OCCUPATION REGULATIONS a. Staff Report: Community Development Department b. Council Discussion, Questions, Comments c. Council Consideration: Direct on whether the notification and public hearing process should be started to consider whether the Development Code should be amended to consider an "educational exemption" or no limit to clients for piano instruction. COUNCIL AGENDA— SEPTEMBER 12, 2000 - PAGE 5 • • 10:10 PM 11 . CONSIDER CITY-COUNTY GOAL 5 PLANNING AND IMPLEMENTATION OF AN INTERGOVERNMENTAL AGREEMENT a. Staff Report: Community Development Department b. Council Discussion, Questions, Comments c. Council Consideration: Motion stating whether the City should enter into an agreement with Washington County to partner, along with the other County jurisdictions, on the development of a Goal 5 stream protection program. 10:20 PM 12. CONSIDER CITY-METRO FANNO CREEK PROPERTY INTERGOVERNMENTAL AGREEMENT FOR CITY MANAGEMENT OF A METRO-PURCHASED GREENSPACE PROPERTY (ELEVEN ACRES — ALONG FANNO CREEK BETWEEN HALL BOULEVARD AND BONITA ROAD AND KNOWN AS THE BROWN PROPERTY) a. Staff.Report: Community Development Department _ b. Council Discussion, Questions, Comments c. Council Consideration: Motion stating whether Council wishes to enter into the agreement, and if so, authorizing the Council President to sign the agreement. 10:30 PM 13. COUNCIL LIAISON REPORTS 10:40 PM 14. NON AGENDA ITEMS 10:50 PM 15. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f) » (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 1 1:00 PM • 16. ADJOURNMENT I:\AD M\CATHY\CCA\000912.DOC COUNCIL AGENDA— SEPTEMBER 12, 2000 - PAGE 6 • • AGENDA ITEM# - 4 (o FOR AGENDA OF September 12, 2000 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment (ZOA2000-00001) to Allow Bed and Breakfast Uses and Outdoor Wedding Uses in Historic Overlay Zones. PREPARED BY: Julia Hajduk DEPT HEAD OK A !' 44/ITY MGR OK L M koy l' ISSUE BEFORE THE COUNCIL Should the Council approve a resolution denying a requested Zone Ordinance Amendment to allow both Bed and Breakfast uses and Outdoor Wedding uses in Historic Overlay Zones? STAFF RECOMMENDATION Approve the attached Resolution denying the requested Zone Ordinance Amendment in accordance with the Council's decision at the August 22, 2000 Business meeting by consent agenda. INFORMATION SUMMARY At the August 22, 2000 City Council meeting, the Council held a public hearing on the requested Zone Ordinance Amendment. After the close of the hearing, Council deliberated and voted to deny the requested amendment. By adopting the attached Resolution, the decision will be formalized and the final order will be mailed. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A i s\cu rp In\j u l ia\ZOA\ZOA2000-00001 A I S2.doc 30-Aug-00/8:32 AM • • CITY OF TIGARD, OREGON RESOLUTION NO. 00- A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT (ZOA2000-00001) TO ALLOW OUTDOOR WEDDINGS AND BED AND BREAKFAST USES IN HISTORIC OVERLAY ZONES WHEREAS,the Planning Commission held a Public Hearing on July 17, 2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation, and WHEREAS, the City Council opened a Public Hearing and heard testimony on the request on August 22, 2000; and WHEREAS,the requested Zone Ordinance Amendment has been reviewed for consistency with applicable City and State criteria;and WHEREAS,the City Council finds that approving this request would not be in the best interest of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow outdoor weddings and bed and breakfast uses on properties having a historic overlay designation is denied. PASSED: This day of ,2000. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard i:\curpin\julia\zoa2000-01 RES.doc 30-Aug-OO/8:36 AM RESOLUTION NO. 00- Page 1 of 1 September 12, 2000 CITY OF TIG \ EGo ) Cary Holzwarth 9240 SW Millen Drive Tigard, OR 97224 RE: Letter of September 11, 2000 Dear Cary: Thank you for your letter of September 11, 2000, adding further detail to the issue raised by Dan Quello. A copy of your letter will be distributed to the Tigard City Council this evening prior to the City Council meeting. Thank you for taking the time to clarify the nature of Councilor Ken Scheckla's site visit. Sincerely, 0. 7Y William A. Monahan City Manager c: City Council Jim= r_y_x_ I:'AOM\B I LL\LETTE RSIHOLZ WARTH.DOC • 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 RECEIVED C.O.T. SEP 21 2000 Administration • September 11, 2000 City of Tigard Administration Tigard City Hall Tigard, OR 97224 I am sure by now, the City of Tigard Administration has received their copy of Rev. Dan Quello' s letter in regard to Mr. Ken Scheckla' s visit to our home prior to the council meeting held on August 22 , 2000 . I would like to clarify that yes, Mr. Scheckla visited our home prior to that meeting, but this was not a planned encounter. A man had parked his car on Millen, in front of Karen Butler' s home (our neighbor) , he walked down 92nd and then came back down the sidewalk of Millen. I asked him if I could help him He asked me if I was Benton Holzwarth' s wife--I said yes and that is when he introduced himself . He told me that he had just come from the Quello property. He said that he had driven in their driveway and looked around--Mr. Quello was not home . I invited him to our backyard to get the view from that side of the fence . The conversation that Mr. Quello calls a "coaching session" , was little more than my husband and myself voicing our opinions . Mr . Scheckla' s suggestions and or comments could never change or alter our testimony. Anyone that cares to know us, knows that we are opinionated individuals and have no problem voicing that opinion. His questioning the strength and validity of our vieoint matter and thinks we would alter our testimony after speaking to the councilman lessens the importance of our opinion. Remember, our viewpoint was only one family' s and there were many other neighbors that voiced the same concerns as ours . It was no secret that Mr. Scheckla had come out to view the sight- - he voiced that in the council meeting .promptly after the meeting was called to order. It was unfortunate that he only had the opportunity to speak to neighbors in person before the meeting, but Mr. Quello' s inference that this was a pre-planned meeting in our backyard is far than from the truth. Perhaps, Mr. Quello should have invited the council members out to his home to discuss his request prior to the meeting and plead his case then with them. Yes, we voiced our concerns, . viewpoint , and pointed out various aspects of the situation that we felt were pertinent on the matter. If our concerns were not valid ones, Mr. Quello would have had convincing responses to Mr. Scheckla' s pointed inquiries that . 410 occurred during the council meeting and those responses would have allayed all the fears and trepidations of all the council members . Point of fact, in Mr. Quello' s correspondence he states that he "overheard" comments in our backyard, which reaffirms our point by neighbors, the ability to hear all activity and conversations of the weddings held on his property. My husband or myself did not feel at the time that Mr. Scheckla' s visit was inappropriate . I remember durring the conversation I asked Mr. Scheckla if such a visit was inappropriate and he said that he had visited the Quello property, and by chance that he visited our back yard--he was only trying to be an informed person in this proceeding. By the council member chairman' s own words, it was not necessary for Mr. Scheckla to state about his visitation to the site . What ever impact that Mr. Quello' s correspondence has on the process of his petition, I thought it was important that the City of Tigard Administration, the city council, and Mr. Scheckla hear both sides to this reported illicit conversation. I think it is important to realize that the version of the conversation that Mr. Quello is reporting, and my version, are somewhat different and certainly the motivation behind the responses are different . Sincerely, 4 ea/1-1 -4, 9 Cary Holzwart 9240 SW Millen Drive Tigard, OR 97224 cc :Ken Scheckla Mr. Dan Quello • Agenda Item No. Meeting of 9 . 26 DD TIGARD CITY COUNCIL BUSINESS MEETING MEETING MINUTES —AUGUST 22, 2000 • STUDY SESSION ➢ Training — Elections City Attorney Tim Ramis reviewed laws on election process. Key points included the following: a. Sources of limitations/regulations for municipalities: state law, city charter, and city code. This function is extremely regulated, as it is the cornerstone of our democratic system. b. City role: 1. Technical/administrative (administer City elections; City Recorder is the Elections Official for the City of Tigard) 2. •Initiating law: Forward ballot measures to voters for consideration; however, government resources may not be used to influence the outcome. c. Ballot measures 1. Initiatives: Measures referred to the voters by petition containing signatures of registered voters within the affected jurisdiction. Mr. Ramis referred to one of the initiatives on the November ballot sponsored by Mr. Sizemore that contains provisions that are retroactive to money issues considered by voters. The City has attempted to respond to provisions contained within Mr. Sizemore's measure even though it is not yet law. d. Candidate Elections: the City Elections Official administers Mayor and Council positions. e. Campaign Financing: Financing is regulated; information may be obtained from the City Elections Official. f. Mr. Ramis also reviewed the following with regard to advocacy of measures: 1. Council may take a position on public issues, either as individuals or as a Council. 2. Public employees may take a position on public issues as individuals, on their own time. When advocating an issue on own time, an employee may not state he or she is representing an issue as an employee of the City of Tigard (or any public entity). TIGARD CITY COUNCIL MEETING MINUTES — AUGUST 22, 2000 - PAGE 1 • • 3. Do not use public resources for advocacy of a measure. 4. Political committees should be formed to finance campaigns. Local measure or candidate political committees obtain forms (and file them) with the City Recorder. 5. Public employees are not allowed to promote or oppose any candidate or measure while on the job during working hours. (Public employees may wear political buttons while on the job.) 6. Councilors, supervisors, City board, task force and committee members may not ask public employees to assist in campaigns on their own time. Nor should public employees be criticized for wearing political buttons expressing an opinion on a candidate or measure. 7. Employees may provide impartial, factual information on measures. Employees may also report on the consequences likely to occur should the voters approve a measure. 8. It is all right for a City employee to run for elected office. ➢ Administrative Items: a. City Manager Monahan noted items distributed during Study Session to the City Council for the Council meeting packet materials, including some written testimony for the public hearing (Item No. 6) b. A resolution for Council consideration to appoint Jim Griffith as Interim Mayor (Item No. 8) was distributed. c. Ribbon Cutting Ceremonies will be conducted for two projects on Tuesday, August 29, 2000: 10 a.m. @ Walnut Tiedeman Intersection (realignment and signalization project.) 11 a.m. (approximately) at 121st/Katherine (embedded crosswalk lighting system.) Council President Moore advised he would be able to attend. d. City staff will represent the City for a review of the Metro Goal 5 "Visions" document. This review will occur on Wednesday, August . 23, 8-9 a.m. at Beaverton City Hall. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:16 p.m. under the provisions of ORS 192.660 (1).(d), & (e) to discuss labor relations and real property transactions. Executive Session Adjourned at 7:36 p.m. and Council took a short break before convening into the Business Meeting at 7:43 p.m. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 2 • • BUSINESS MEETING 1.1 Call to Order- City Council & Local Contract Review Board 1.2 Roll Call: Council President Moore; Councilors, Hunt, Patton, and Scheckla. 2. VISITOR'S AGENDA: No one spoke at this time. 3. • CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for-discussion and separate action. Motion by Councilor Scheckla, seconded by Councilor Hunt to approve the Consent Agenda: 3.1 Approve Council Minutes: June 20, 2000 3.2 Approve Revisions to the City Council Policy Regarding Council Groundrules and Agenda Process — Resolution No. 00 - 52 3.3 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue— Infectious Disease Services 3.4 Approve Training Request for Crime Prevention/Public Information Officer 3.5 Convene as Local Contract Review Board a. Award Contract for the Construction of the 2000-2001 Fiscal Year Storm Drainage Major Maintenance Program Projects at Ann Court and Katherine Street to C.R. Woods Trucking, Inc. The motion was approved by a unanimous vote of Council present (Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes.") 4. ANNOUNCEMENT OF RIBBON-CUTTING CEREMONY FOR THE WALNUT STREET/TIEDEMAN AVENUE INTERSECTION REALIGNMENT PROJECT AND THE EMBEDDED CROSSWALK LIGHTING SYSTEM PROJECT AT 121ST AVENUE AND KATHERINE STREET City Engineer Gus Duenas presented a brief PowerPoint slideshow of the two projects named above. Ribbon cutting ceremonies will be held on August 29, 2000 (see Study Session notes above for times and locations). 5. COMMUNITY-WIDE OPINION POLL RESULTS Risk Manger Loreen Mills.and Assistant to the City Manager Liz Newton reported on this agenda item. A PowerPoint slide show (a copy of the presentation is on file with the City Recorder)was presented highlighting findings of the Opinion Polls. In an effort to update the City's vision process with the latest opinions of the citizens, two opinion polls were conducted through the Cityscape Newsletter in May and June 2000. In September, Council will receive a more detailed briefing TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 3 • • from various staff members outlining the plans for follow-up to the opinion poll results. PUBLIC HEARING (LEGISLATIVE) — CONSIDER A REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES. The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. a. Council President Moore opened the public hearing. b. Staff Report: Planning Associate Julia Hajduk reviewed the staff report. She referred to a map showing locations of historic overlay zones as well as the location of the Quello house (not currently in a historic overlay zone, but on the national historical registry), which is property owned by the applicants requesting this legislative zone ordinance amendment. The large map referred by Ms. Hajduk is also on file in a smaller version in the Council meeting packet materials. A copy of the staff report and record of the proceedings before the Planning Commission is also on file with the Council meeting packet materials. The Planning Commission recommended denial of both the bed and breakfast use‘and outdoor wedding uses. As an alternative, staff recommended approving bed and breakfast uses as a conditional use and to deny the amendment to allow outdoor weddings in Historic Overlay Zones. In response to questions by Councilors Hunt and Patton, staff clarified that there is no inherent benefit (i.e., a tax break) for a City of Tigard Historic Overlay Zone designation; however, being identified locally may be of benefit for designation at a State level. Councilor Scheckla advised that he visited all of the historic overlay properties identified in the staff report. Staff identified decision-making options available to the City council. Staff considered the possibility of a bed and breakfast establishment under the.Home Occupation provisions; however, hours of use for home occupations are now limited to 8 a.m. to 10 p.m. in the Tigard Municipal. Code thereby precluding a bed and breakfast use. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 4 • • c. Public Testimony Proponents: Mr. Dan Quello, 16445 SW 92' Avenue, Tigard, Oregon, testified and is the applicant for this zone change amendment proposal. Mr. Quello offered the following testimony (key points) along with a video showing the Quello property during a wedding ceremony: • Tigard has nothing to offer similar to the Quello house as a bed and breakfast facility or for garden weddings. • The Quello house is a historically designated home and nearly all such designated homes are within neighborhoods. • The proposed legislative amendment would apply to ten properties in the City of Tigard. It would not be likely that any of the other nine would utilize the provisions of the proposed amendments. • Mr. Quello outlined the history of the Quello house. • Mr. Quello outlined what he had done to restore and enhance the home and grounds. • The Quello house received the National Historic Trust Great Home Award. • The Quello house has been used as a site for ad campaigns and movies. • If allowed, by conditional use, operations would occur within narrow parameters. For example, Mr. Quello would ask to host up to 12 garden weddings per year and limit the hours of the weddings. A conditional use would be a method to establish a balance between utilizing an historic resource and those uses that may conflict with it. • Mr. Quello referred to the number of people who had signed a petition and those who had sent letters in support of his request. • Mr. Quello advised that parking had not been an issue. He said that there was room for 80 cars on his property with 48. additional parking spaces available across the street. He said the average wedding drew 30 to 40 cars. • . Mr. Quello said he responded to complaints by the neighbors that DJ music was too loud by not allowing a DJ at wedding held on the property. He also agreed that wedding ceremonies would be concluded by 9 p.m. . • Mr. Quello advised if he was hot allowed to open up this property for community use, then it may fall to disrepair, the house torn down, and/or the property subdivided. • Mr. Quello referred to the property as a cultural resource and outlined how it boosted the local economy. • Mr. Quello advised that during the previous hearing before the Planning Commission, "mistruths" were spoken — numbers and claims were exaggerated. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 5 • • In response to a question from Councilor Hunt, Ms. Hajduk confirmed that if the Council was to vote in favor of Mr.Quello's proposal, then the same conditions would apply to all ten properties within the Historic Overlay District. There was discussion on conditions of approval and case-by-case reviews; however, such conditions may be difficult for staff to enforce. Legal Counsel Tim Ramis confirmed the Council had the ability to approve a legislative amendment or to consider requests on a case-by-case basis. City Manager Monahan noted the need for regulations to be outlined within the Tigard Municipal Code. Councilor Scheckla questioned Mr. Quello on his claim with regard to the number of parking spaces available. Mr. Quello reviewed where parking was available on his property. He said he had an oral agreement to use the 48 parking spaces across the street with the School District. Councilor Scheckla questioned whether Mr. Quello could host a wedding on the property and have control over activities as well, noting the close proximity of the neighbors. He also noted that most of the petition signers lived outside of the area. City Attorney Ramis urged that people testifying speak to the broader legislative issue; that is, remarks should not be focused only on the Quello property. - Sydney Sherwood, 10305 SW 87th Avenue, Tigard, Oregon, testified in support of the request for a legislative amendment. She noted her involvement with the Historical Society and the Tigard Chamber of Commerce. She advised there were so few places of historic value within the community and asked that there be an opportunity for individuals to make a living using these historic locations, even if restricted. - Dan Mitchell, 16585 SW 92nd Avenue, Tigard, Oregon, advised he was a neighbor of the Quellos. He said there had never been any problems with parking because of activities at the Quello property. He reviewed the refurbishing efforts of the Quellos for this home and grounds. He advised the noise from the Balloon Festival was worse than what he had experienced from the Quello property. - Jay Foster, 13183 SW 64th Avenue, Tigard, Oregon, said that events at the Tigard High School were louder than a wedding. He said the noise issue was petty and referred to the limited hours of the weddings (i.e., 4 p.m. to 8:30 or 9 p.m.). He cited instances where parties were held at residences to raise funds. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 6 • • Martha Fiala, 12525 SW Tooze Road, Sherwood, Oregon 97140, referred to the rapid growth in the community. She requested the Council to consider options noting the historic significance and what they were saying about the community. Heather Whitehead, 9550 SW 91st Avenue, Tigard, Oregon, advised she was getting married over this Labor Day Weekend. She said she had always wanted to have her wedding at the Quello house, but now was forced to move her wedding activities to Oregon City. She referred to the lost business that would occur, as guests would now be staying in Oregon City. She said this was a disservice to the people of Tigard. Ms. Whitehead also noted the number of activities that already occurred in this area, which included the 4th of July event, the Balloon Festival, football games, etc. - Elaine Beauregard, 11600 SW Gallo Street, Tigard, Oregon, advised that the Tigard area lacked historical identity. She noted this request represented something positive for Tigard —for its economy and added character to the area, which is lacking. She requested the Council to maintain flexibility; i.e., consider requests for such uses on a case-by-case basis. She urged that people be willing to make concessions. Opponents: Don Manghelli, 16415 SW 93`d Avenue, Tigard, Oregon, advised his property was adjacent to the Quello property. He noted that if the Code were to be changed as proposed,then his personal life would be affected. He recounted how weddings were scheduled for every weekend last year. Such activities were not in keeping with a residential character. He referred to the Planning Commission's decision and urged the City Council to reject the proposal for a zone ordinance amendment. Carol Gifford, 9255 SW Millen, Tigard, Oregon, read her testimony from a prepared statement. She advised that if the Council approved the request, then the value of her home might be reduced. She said that while a bed and breakfast establishment would represent a good business within the City of Tigard, such use was not compatible with a neighborhood. She advised she is opposed to both a bed and breakfast use and for wedding ceremonies to be conducted on these properties. Cary Holzwarth, 9240 SW Millen Drive, Tigard, Oregon, testified her property was next to the Quello property. She noted that when weddings are held on the Quello property, then they must alter their plans and curtail the use of their backyard. She noted that 12 weddings per year would mean that there would be a wedding on the property every weekend for the entire summer. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 7 • • - Cheryl Cappelli, 16405 SW 93rd Avenue, Tigard, Oregon, expressed concerns with livability. She said she was opposed to both bed and breakfast and wedding uses advising that business and residential activities do not mix. She noted her neighborhood already bears their share of community activities: Balloon Festival, 4th of July, and Tigard High School events. She noted the transient population all of these activities bring to the area. Approval of the proposed amendment would add to the noise, traffic and stranger problems for the neighborhood. - Amy Martin, 9260 SW Millen Drive, Tigard, Oregon, said her property was adjacent to the Quello property. She advised she was opposed to both the bed and breakfast and wedding uses citing concern with protection of the value of her home. - Gail Dowler, 16515 SW 93`d Avenue, Tigard, Oregon, said that, at times, she could feel the reverberation of the music from the Quello property. She noted that during community events, such as the Balloon Festival, she would leave town. She said it was not fair that she could not have peace and quiet and enjoy her deck. She said she should not have to pay with quality of life and was vehemently opposed to commercial uses for the Quello property. She asked the Council not to approve an ordinance allowing the zone ordinance amendment. - Karen Butler, 9220 SW Millen Drive, Tigard, Oregon, noted that even though this was a legislative matter affecting nine other properties, no one else came forward to support such uses for these other properties. She referred to past problems with activities at the Quello property, including difficulty in enforcing the noise ordinance. She noted the activities on the Quello property took away from her personal outdoor time. She also noted there was no enforcement of parking. - Mark Padgett, 11270 SW 92"d Avenue, Tigard, Oregon, objected to the request on technical grounds. He said this was a site-specific issue. He acknowledged different rules could be created for properties on a case-by- case basis; however, this would cause enforcement problems for staff. This is not a use that would be expected for a residential lot. He asked the City Council to support the Planning Commission recommendation. - Mark Mahon, 11310 SW 91st Avenue, Tigard, Oregon, advised he was in favor of historic preservation; however, he said he failed to see the connection of historic overlay and requests for uses such as a bed and breakfast or wedding ceremonies. d. Staff Recommendation: Ms. Hajduk advised that staff recommended approving bed and breakfast uses as a conditional use and to deny the amendment to allow outdoor weddings in historic overlay zones. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 8 • • e. Council Discussion, Questions, Comments Council discussed and clarified with staff the components of the request before the Council. Nine other properties could be affected by this decision but there was no testimony except for those remarks pertaining to the Quello property. Staff noted that because this is a legislative matter, individual notices were not sent to advise of the hearings; legal notices advising of the hearings were published in the newspaper. Ms. Hajduk clarified that the Planning Commission heard requests for historical overlay designations. The Hearings Officer heard conditional use permit requests. Both processes included a public involvement process. Ms. Hajduk acknowledged that conditional uses could be imposed for bed and breakfast uses and she referred to some of the conditional uses proposed by Mr. Quello for weddings. Ms. Hajduk said she understood that the Planning Commission decided to deny the bed and breakfast use because it was thought that such use might be allowable under the Home Occupation Permit process. f. Council President Moore closed the public hearing. g. Council Consideration: Councilor Scheckla advised he would look favorably at approving bed and breakfast uses, but not weddings. Councilor Hunt noted he had mixed emotions about the issue and referred to activities within Cook Park (such as the "bandstand" recently constructed), which had a noise impact as well. Councilor Patton advised she also had mixed emotions noting the need to preserve historical character when possible. She advised she had concerns about how this issue was approached; that is, as a legislative issue when it appeared to be focused on one residence. Councilor Patton said she sympathized with the neighbors' issues. She indicated she would be willing to consider a bed and breakfast use with conditions. Council President Moore said he recognized the importance of preserving • livability in the community and that a commercial business could be disruptive to a neighborhood. He commented that he thought a bed and breakfast use would be less intrusive than the wedding use. TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 9 • • Discussion followed among Council members and staff with regard to bed and breakfast uses and the process that could be followed to consider bed and breakfast opportunities in the community. There was also discussion on how bed and breakfasts were regulated; that is, what are the requirements for bathrooms and how many people could be accommodated at one time. Motion by Councilor Patton, seconded by Councilor Scheckla to deny the request for a Code amendment to conditionally allow bed and breakfasts facility and wedding uses in historical overlay zones. Further the Council requests staff to come back at a later time with information about conditional use permits for bed and breakfasts in general. (Tentatively scheduled for the workshop meeting of October 17, 2000.) The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." Council recessed at 10:06 p.m. Council reconvened at 10:25 p.m. 7. PUBLIC HEARING (INFORMATIONAL)— FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 14 , ESTABLISHED TO INSTALL SEWERS IN THE SW WALNUT AND TIEDEMAN STREETS a. Staff Report: Project Engineer Greg Berry reviewed the staff report to finalize the formation of this reimbursement district. (See information on file with the meeting packet material.). Mr. Berry noted that there was a cost increase over 10% (exception covered in TMC 13.09.105(2)) Mr. Berry described the calculation of each property owner's share of the cost for the sewer, which was based on the square footage for each lot. The City Engineer's report on this project is on file with the meeting packet material. b. Public Testimony • Mr. Glen Haddock, 10495 SW Walnut Street, Tigard, Oregon, noted concerns with his share of the cost of the reimbursement district. Mr. Haddock's lot is large, which means that he will be assessed a higher amount. Mr. Haddock thought this was unfair and proposed that since each property owner receives the same benefit, then the assessment should be divided equally among the property owners. Mr. Haddock said his cost for hook up to the sewer would amount to about $20,000. Council members and staff explained how the program works to Mr. Haddock, noting that hookup to the sewer system is optional. They also explained the benefit of hooking up after the first year of formation, • wherein the City will pay for costs after $8,000 up to a maximum of TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 10 • $15,000. Any amount over$15,000 would be the responsibility of the property owner. A property owner may hook up at any time after formation; however, after the first year simple interest would also accrue and there would be no subsidy offered by the City. If the property owner • waited to connect to the sewer until after the 15t year of formation, then there would be no charge for the cost of-building the sewer main. However, there would be connection fees and the property owner would also pay for the line from the home to the sewer main. With regard to the proposal by Mr. Haddock that the costs be divided equally among the properties, Mr. Berry advised that larger properties often have the potential of subdividing, which is why the district cost allocation formula is set up on a square footage basis. Mr. Berry confirmed that this methodology is consistent with past practice. c. Motion by Councilor Patton, seconded by Councilor Hunt, to approve the formation of Sanitary Sewer Reimbursement District No. 14. The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." 8. APPOINTMENT OF INTERIM MAYOR City Manager Monahan introduced this agenda item. City Attorney Ramis advised that the proposed resolution was the opportunity to vote and memorialize the consensus decision made by the City Council on August 15, 2000, to appoint Jim Griffith as Interim Mayor. Councilor Patton commented that she thought the process used by the City Council was a good one insofar as it was objective and provided a method for Council to reach a consensus. Councilor Hunt reminded that Mr. Griffith would not be precluded from running for the office of Mayor in March because of this appointment. Council President Moore noted there were a number of top quality candidates who applied for the Interim Mayor position. Motion by Councilor Patton, seconded by Councilor Scheckla to adopt resolution No. 00-53. City Recorder read the following: TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000- PAGE 11 • • RESOLUTION NO. 00-53—A RESOLUTION APPOINTING JAMES E. "JIM" GRIFFITH MAYOR OF TIGARD FROM SEPTEMBER 12, 2000, UNTIL ELECTION RESULTS OF THE MARCH 2001 ELECTION ARE CERTIFIED TO ELECT A MAYOR TO COMPLETE THE UNEXPIRED TERM OF JIM NICOLI. The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." 9. COUNCIL LIAISON REPORTS - • Councilor Scheckla expressed appreciation for the new facilities at Cook Park. He also referred to recent activities to create a natural area within the park (wetland mitigation). - Councilor Scheckla asked about the work on 99W under the supervision of the Oregon Department of Transportation (ODOT). It appears that metal plates are being placed in areas that have already been paved. Staff will check with ODOT officials to determine the status of the project. 10. NON AGENDA ITEMS: None. 11. EXECUTIVE SESSION: Canceled. 12.. ADJOURNMENT: 10:41 p.m. Ct.zitr2;Lt.rt-2 Gc� Attest: Catherine Wheatley, City Record � /l �.!_ _ _ ,� it "or, it • Iga • •ate: • ate (lox) I:\ADM\CATHY\CCA\000822.DOC • TIGARD CITY COUNCIL MEETING MINUTES —AUGUST 22, 2000 - PAGE 12 .- ** Revised 8/16/00 TIG'ARDD`CITYCOUNCIL iN Iii I� BUSINESS MEETING ya` .--� da=AI %AUGUST22, 2000 s 6 3.0.P11 - CITY OF TIGARD ' IGARD CITY HALL: .. . { 13125 SW-HALL BLVD:: TIGARD, OREGON=9742'23 ,A PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—AUGUST 22, 2000 - PAGE 1 • • AGENDA . TIGARD CITY COUNCIL BUSINESS MEETING AUGUST 22, 2000 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) at (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Election Law Training 7:30 PM 1 . BUSINESS MEETING 1.1 Call to Order - City Council 81 Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1 .5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: June 20, 2000 3.2 Approve Revisions to the City Council Policy Regarding Council Groundrules and Agenda Process — Resolution No. 00 - 3.3 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue — Infectious Disease Services 3.4 Approve Training Request for Crime Prevention/Public Information Officer COUNCIL AGENDA—AUGUST 22, 2000 - PAGE 2 3.5 Convene as Local Contract Review Board a. Award Contract for the Construction of the 2000-2001 Fiscal Year Storm Drainage Major Maintenance Program Projects at Ann Court and Katherine Street to C.R. Woods Trucking, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after. the Council has voted on those items which do not need discussion. 4. ANNOUNCEMENT OF RIBBON-CUTTING CEREMONY FOR THE WALNUT STREET/TIEDEMAN AVENUE INTERSECTION REALIGNMENT PROJECT AND THE EMBEDDED CROSSWALK LIGHTING SYSTEM PROJECT AT 121sT AVENUE AND KATHERINE STREET a. Staff Report: Engineering Department 5. COMMUNITY-WIDE OPINION POLL RESULTS a. Staff Report: Administration Department 6. PUBLIC HEARING (LEGISLATIVE) — CONSIDER A REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES. The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed 81 Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. a. Open Public Hearing b. Staff Report: Community Development Department c. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Discussion, Questions, Comments d. Close Public Hearing f. Council Consideration: Motion directing staff to prepare a resolution for denial or an ordinance for approval regarding bed and breakfast uses and outdoor weddings in historic overlay zones. COUNCIL AGENDA—AUGUST 22, 2000 - PAGE 3 • • 7. PUBLIC HEARING (INFORMATIONAL) — FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 14 , ESTABLISHED TO INSTALL SEWERS IN THE SW WALNUT AND TIEDEMAN STREETS a. Staff Report: Engineering Department b. Public Testimony c. Council Discussion, Questions, Comments d. Council Consideration: Motion to approve/disapprove the finalization of Sanitary Sewer Reimbursement District No. 14 8. APPOINTMENT OF INTERIM MAYOR 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f) 8.1 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT I:\ADM\CATHY\CCA\000822P.DOC • COUNCIL AGENDA—AUGUST 22, 2000 - PAGE 4 • AGENDA ITEM# Lo FOR AGENDA OF August 22, 2000 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment (ZOA2000-00001) to Allow Bed and Breakfast Uses and Outdoor Wedding Uses in Historic Overlay Zones. PREPARED BY: Julia Hajduk DEPT HEAD OK •� TY MGR OK ISSUE BEFORE THE COUNCIL Should the Council•approve a requested Zone Ordinance Amendment to allow both Bed and Breakfast uses and Outdoor Wedding uses in Historic Overlay Zones? STAFF RECOMMENDATION The-Planning-Commission re-commended denial of both_the bed-and-breakfast-use-and-outdoor-wedding-uses. As an alternative, Staff recommends approving bed and breakfast uses-as a conditional-use and-to—del—Ty-the amendment to allow outdoor weddings in Historic Overlay Zones. Direct staff to prepare an Ordinance according to its decision. INFORMATION SUMMARY The Planning Commission held a public hearing on the request on July 17, 2000. At that meeting, the Commission voted 6-2 with 1 abstention, to recommend denial of both uses in the requested amendment. Attached as "Exhibit A" is the Planning Commission Recommendation and draft meeting minutes that show the issues discussed and the reasons why the Commissioners voted as they did. In summary, some of the Commissioners felt there was no commonality between the historic overlay districts, therefore, approving these two uses alone would not insure preservation of all historic properties and would open up requests for additional uses if it was approved. Others felt that the proposed uses werenot-appropriate in residential zones. While others-voted Lgainst the-recommendatioti because they felt that-some com mercia l uses being permitted in Histonc Overlay Zones Would help to preserve the resource. Several issues raised during and after the Planning Commission meeting.are discussed in more detail further in this Agenda Item Summary. The Planning Commission also unanimously approved a •reommendation to allow Bed and Breakfast uses-as Home Occupations. At first it was felt that this could be a formal interpretation by the Community Development Director or City Council, however, upon further review of the Home Occupation standards, it could-not---be permitted because the hours of operation are specifically stated as being between 8AM and 10PM1, The Planning Commission felt, however, that Bed and Breakfast uses were similar in impact to home occupations. Because of this, Staff=s-recommending-that-the-City--Council-approve .staff's original_recommendation to the Planning Commission to allow Bed and Breakfast uses conditionally in Historic Overlay Zones and deny the Outdoor Wedding Use. Staff feels that Bed and Breakfast use in residential zones could-be best handled by a public hearing process to allow neighbors the opportunity to testify regarding impact. Attached as "Exhibit B" is the original staff report and documents which were sent to the Planning Commission. Included in this packet of information are staff's proposed text changes to allow Bed and Breakfast Uses in Historic Overlay Zones. Because the staff recommendation differs from the Planning Commission recommendation as discussed above, staff has not prepared an Ordinance for City Council approval. After Council holds the public hearing, they can provide staff • • with the direction needed to prepare an Ordinance or Resolution reflecting the Council's decision on the proposed zone ordinance amendment. The final motion passed by the Planning Commission in response to the zone ordinance amendment request was a recommendation that City Council explore opportunities to allow limited commercial use for historic properties for their preservation. Staff recommends that Council send this back to the Planning Commission for committee work. Staff believes trying to permit commercial uses, above and beyond those allowed by Home Occupations in residential zones could be fraught with ambiguity and potential adverse impacts. There was a question raised at the Planning Commission meeting as to whether the Quello property has a historic overlay designation or not. After this was researched, it was discovered that the map in the Town Hall had mistakenly identified this site as having a historic overlay. This was a mapping error. The Quello House is in the Comprehensive Plan as being of historic value but the previous owner chose not to have the overlay applied to the site when the other properties did. If the City Council approves the requested amendment, it will apply only to properties with a historic overlay designation. For this reason, Mr. Quello would need to apply for a zone change to have the historic overlay designation applied to his site. Because Mr. Quello's home has national historic designation, it seems likely that it would qualify for local designation, however, that decision must be made by a zone change public hearing process. There have also been issues raised regarding direction the applicant received from Staff. When Staff first began discussions with Mr. Quello, he was given several options and was told that it may be difficult to obtain approval for them because the standards are difficult to meet. We strongly recommended that Mr. Quello get a consultant on board to assist him in making his decisions, which he did. Mr. Quello chose to request a Zone Ordinance Amendment (legislative process) in order to allow these uses in all historic overlay zones. While the majority of discussion appears to be site specific, staff reviewed the request (as did the Planning Commission) as a legislative request based on the merit of all the historic sites being allowed to have the uses, not just the Quello property. Mr. Quello focused the majority of his presentation and comments on his specific site, however, because the proposal will change the Code, it is really a legislative change affecting all current and future sites with a historic overlay designation. Another option for Mr. Quello may have been to request a site specific zone change to commercial. That option would have been unlikely to be supported because it would be surrounded by residentially zoned property. If, however, the property were to be zoned commercial, site development review would be required in order to use the site for outdoor weddings and Bed and Breakfasts. The site would have been required to provide buffers from residential uses, off-street parking, street improvements, landscaping, noise attenuation, etc. There is no guarantee that, given the location, the site would have been permitted to be developed with the proposed uses even if the zone were to be changed to allow commercial activity on the site. OTHER ALTERNATIVES CONSIDERED Approve the requested Zone Ordinance Amendment or approve it with conditions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A i:\curpin\julia\ZOA2000-00001AIS.doc 14-Aug-00/12:47 PM • • S Exhibit A - Page I City of Tigard Community(Development Shaping Better Community MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Nick Wilson, Planning Commission Chair • DATE: July 25, 2000 SUBJECT: Recommendation for ZOA2000-00001 to allow Weddings and Bed and Breakfast establishments in Historic Overlay zones. At the Planning Commission Public Hearing on July 17, 2000, the Planning Commission • voted 6-2 with 1 abstention, to recommend denial of both the Bed and Breakfast Use and the Outdoor Wedding Use. The reasons for recommending denial were mixed. Some of the Commissioner's felt there was no commonality between the historic overlay districts, therefore, approving these two uses alone would not insure preservation of all historic properties and would open up requests for additional uses if it was approved. Others felt that the proposed uses were not appropriate in residential zones. Because the reasons for this were so mixed, a copy of the minutes are attached for your review. The Planning Commission also unanimously approved a motion to allow Bed and Breakfast uses as Home Occupations. The final motion passed by the Planning Commission in response to the zone ordinance amendment request was a recommendation that the City Council explore opportunities to allow limited commercial use for historic properties for their preservation. Nick Wilson, President \� City of Tigard Planning Commission i:\curpin\julia\PC Recommendation mem.doc • • • Exhibit A- Page 2' • DRAFT CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes July 17, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Incalcaterra, Mores, Olsen, Padgett, Scolar, and Topp Staff Present: Brian Rager, Development Review Engineer; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Olsen seconded the motion to approve the May 15, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 8-0. Commissioner Incalcaterra abstained. 5. RENAMING OF SW 129TH AVE., NORTH OF SW BULL MOUNTAIN RD., WITHIN THE WOODFORD ESTATES SUBDIVISION Development Review Engineer Brian Rager addressed the Commission regarding renaming of SW 129th Ave. The proposed street name change is necessary to provide a consistent street name for a minor collector within the Woodford Estates subdivision. At present, there is a segment of the street known as SW 129th Avenue. At the time it was platted, the name SW 129th Avenue was appropriate because it fell in line with the 129th addressing grid line. In addition, SW 132nd Avenue from Walnut Street south to Benchview Terrace will align with the minor collector. If a street is curvilinear.and meanders outside of a particular addressing grid, the street is not given a number assignment. Because this street segment is curvilinear, the name SW Greenfield Drive is appropriate. Rager advised that 2 homes would have to physically change their address; the house number would stay same, but the street name would change. There was no public testimony. PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page I • • Exhibit A - Page 3 Commissioner Anderson moved to recommend to City Council that the street. named SW 129th within Woodford Estates be changed to SW Greenfield Drive and that SW 132nd Avenue, from SW Benchview Terrace to the new entrance intersection at the Quail Hollow—West subdivision, be changed to SW Greenfield Drive. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 6. PUBLIC HEARING 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. STAFF REPORT Associate Planner Julia Hajduk presented the staff report on behalf of the City. She advised that the applicant does not have historic overlay designation for his parcel. She also noted that, even with approval of the zone ordinance amendment, the applicant would have to come back to Planning Commission for a conditional use to have weddings on the site. There have been complaints filed with the City regarding wedding activities and excessive noise at the site. Hajduk reported that she checked out other cities and looked at other potential sites. She stated that weddings are not appropriate in the middle of residential zones. She also stated that bed & breakfast use with restrictions could be suitable. She asked Planning Commission to recommend that City Council approve bed & breakfast uses with conditions, but to deny outdoor weddings. Hajduk advised that it would be impossible to enforce parking and that code does not permit on-street parking; applicants would have to provide off-street parking and it is not OK to pave a historical site. She noted that none of the Historic Overlay sites in the City are suitable for outdoor weddings. • APPLICANT'S PRESENTATION Bruce Vincent, 825 NE 20th Ave., Suite 300, Portland, 97232, stated that he was representing the Quellos. He provided copies of a letter dated June 7, 1999, from Dan Quello to the Code Compliance Officer (Exhibit A), outlining proposals to address the noise issue. He also provided a site plan of the property with proposed parking and photos of the John F. Tigard House and the Tigard Grange. PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 2 • • Exhibit A - Page 4 Vincent referred to Goal #5 of the Statewide Planning Goals: Open Spaces and Scenic and Historic Areas. He noted that one of the goals was to preserve historic resources, not allow for uses that conflict with it, or establish a balance between the resource and those uses which would conflict with it. He advised that this proposal would be a 3 step process: a text amendment to the code, establish a historic overlay for the parcel, and obtain conditional use approval for weddings. He believes that historic properties should have the option to develop their sites for other uses and referred to a sign for an ice cream social at the John Tigard House. He stated that having an opportunity for business uses gives the historic homeowner some additional source of income to keep the property and structure and is an incentive to keep them in good condition. Vincent noted that conditional use criteria must be met on a case by case basis; the Hearings Officer would probably grant approval if all the criteria were met. He said that all conditional uses come with a specific list of conditions of approval and generally focus on hours of operation, parking, landscaping, buffering, neighborhood issues. The conditional use criteria allows a large degree of discretion to decide if the applicant has met the burden of proof. He believes that the conditional use process is a balance between the proposed impact on residences and what the owner is proposing. Dan Quello, 16445 SW 92nd, Tigard, 97224, reported that he has support for his proposal from the business community, the Chamber of Commerce, the Historic Preservation community, and several Tigard citizens. Quello noted that there were only 2 concerns and they are easily remedied — parking and noise. Regarding parking, Quello said this has never been an issue. He advised that he has 50 spaces immediately across the street, 25 in his driveway, and 75 in his horse pasture. He also referred to a plan for more parking at the school. He remarked that the City allows street closures and field parking for people to attend the Balloon Festival. Regarding noise, he admitted that some weddings were louder than they liked, so they no longer will allow outside disc jockeys, will conclude events by 9:00 p.m., and will comply with the noise ordinance. Quello showed a video (Exhibit B) of his property and events held at Tigard High School and Cook Park. S. Carolyn Long, Executive Director of the Tigard Chamber of Commerce, 12345 SW Main St., Tigard, 97223, voice her support of Quello's proposal. She remarked that she would like to make Tigard a destination for people to come and is in favor of outside weddings and bed and breakfasts in Tigard. Nancy LaBonte, President of the Tigard Chamber of Commerce, 9115 SW Davies Rd., Beaverton, 97008, also supports having a diverse number of businesses in Tigard. She believes.that bringing in people from other areas may benefit other businesses in Tigard. PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 3 Exhibit A - Page S Sidney Sherwood, President of the Historic Society, 10305 SW 87th, Tigard,.97223, read a letter from Colleen Schultheis, the owner of the Tigard House, in support of Quello's proposal. Phil Yount, Tigard Historic Grange, 11222 SW Cottonwood Lane, Tigard, 97223, advised that the Grange is not in a residential area and they have had only 1 complaint about noise in the last 8 years. He believes the Quello house is great addition to Tigard and remarked that there are no other outdoor wedding sites in Tigard. He endorsed the proposal. Dan Mitchell, 16585 SW 9211d Ave., Tigard, 97224, a neighbor of the Quellos, reported that the house was a disgrace 10 years ago. He said the Quellos have upgraded the property and he has never had any problems with weddings or parking. Sharon Rissmiller, 14845 SW 133rd Ave., Tigard, 97224, read a letter from Debbie Schoen in support of wedding garden facilities. Heather Whitehead, 9550 SW 91st, Tigard, OR 97223, voiced her support for the proposal, stating that Tigard needs a place like this. Amanda Lehmann, 13170 SW Dumar St., Portland, 97229, testified that she has helped with weddings at the Quello house. She believes it is a perfect setting for weddings and is in support of the proposal. In response to a question from the Commission, Mr. Quello advised that they do not have exhibits or displays posted around the house, but when guests inquire about the house, they share the history. Quello stated that the number of events have grown over the years, reporting that they held 12 weddings last summer. He also stated that he pays $2800 a year in property taxes for his 2.25 acres. Commissioner Padgett asked why this was not requested as a comp plan amendment. Hajduk answered that the applicant had not requested to change to commercial use. President Wilson stated he would like historical and estate homes have the ability to convert to other viable economic uses rather than be carved up into subdivisions. PUBLIC TESTIMONY - IN FAVOR Mike Woodley, 11590 SW Fonner, Tigard, 97223, signed up as a proponent, but did not speak. Jan Whitehead, 7103 SW Childs Rd., Lake Oswego, 97035, testified that she had lived across from the High School for several years and that noise was not an PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 4 • Exhibit A - Page 6 issue. She stated that her daughter had wanted to marry at the Quello house but will have to go out of town for the wedding. Ken Newlin, 9680 SW Riverwood Lane, Tigard, 97224, advised that he has been a neighbor of the Quellos since 1983. He would like the opportunity to use the Quello house in the future and supports the proposal. PUBLIC TESTIMONY - IN OPPOSITION Don Manghelli, 16415 SW 93`d, Tigard, 97224, lives behind the Quellos. He reported that there were 14 weddings last year, usually something every weekend during the Summer. He complained about the noise and does not believe that this business is consistent with a residential neighborhood. He stated that noise from the High School and Cook Park is more like background noise and is farther away. The Quello house is much closer and the noise is more like a loud party. Tom Schweizer, 16425 SW 93rd Ave., Tigard, 97224, signed up as an opponent, but did not speak. Benton Holzwarth, 9240 SW Millen Dr., Tigard, 97224, stated he lives adjacent to the Quellos. He said he was not so much annoyed by the music, but by the need he feels to alter his own plans so as not to disrupt the ceremonies. This has interfered with his family being able to enjoy their own backyard. He does not have a problem with a bed and breakfast. Richard Smith, 16435 SW 931d, Tigard, 97224, said he lives behind the Quello garage. He had complaints about parking and said that cars park illegally by the "No Parking" signs next to the only sidewalk. He does not believe that this business benefits surrounding businesses and objects to commercial use of this property. He might be OK with a bed and breakfast if there were a minimum number of guests. C. Gifford, 9255 SW Millen Dr., Tigard, 97224, did not testify but stated she agrees with the others. Karen Butler, 9220 SW Millen Dr., Tigard, 97224, stated she lives adjacent to the Quello property. She said the tent on the concrete pad is in full view of her deck and obstructs her view. She reported that the noise has a major impact on her family and that most every weekend there is a wedding. Larry Galizio, 16455 SW 93rd, Tigard, 97224, testified that he lives across the ravine from the Quellos and that the ravine echoes the noise. He said there is an expectation that when you buy property in a residential area, you have some kind of privacy. He complained about people from the wedding looking into his backyard. He also complained about the parking problem and that this is a profit making business. PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 5 • • . Exhibit A - Page 1 Gayle Dowler, 16515 SW 93`d Ave., Tigard, 97224, stated she lives approximately 800-1000 feet from the Quellos. She reported that the noise is incredible. She said they knew about the High School when they moved there and the Balloon Festival is big, but these are non-profit. She said they leave town during the Balloon Festival, but they can't leave all the time. She said it's not OK for weddings to disturb others. She stated that a bed and breakfast may be OK. PUBLIC HEARING CLOSED In response to a question from the Commission, Ms. Hajduk read from the code what the criteria was for a historic designation. She advised that there were restrictions regarding alterations and demolitions for historic sites. Commissioner Topp asked if there was or was not a historic overlay for the property. Hajduk answered that it was her understanding that it does not have a historic overlay. She advised that bed and breakfasts are commercial lodging which are already allowed in commercial zones. She said the code doesn't speak to weddings. People may be able to come into a group-gathering facility in a commercial zone in which they could have indoor weddings. President Wilson said he believes in transition to other uses. He remarked that for every historic property, there is going to be a different sort of economically possible use and wondered why this amendment was for only 2 uses. He said he favors allowing something as a measure of preservation, but in a way that would minimally impact the neighborhood. Hajduk responded that everybody has an opportunity to apply for a home occupation permit, but what was being proposed here is far and above a home occupation. In her opinion, this was a commercial activity in a residential neighborhood. Commissioner Padgett commented that part of the problem is that there is not a commonality inside the historic overlay zone, like there is inside industrial and commercial zones. We are dealing with a windmill, a theatre, a home; it's not the typical type of zone. It's a problem to find out what uses would be appropriate zone-wide for buildings and types of structures that really don't have the same type of commonality that are within other zones. Commissioner Griffith remarked that the code is put there for a reason; a residential zone is where people should live. There are certain expectations when people buy their houses. He said it bothers him when the City keeps diluting residential zones. There are other appropriate zones for these types of uses. Commissioner Topp suggested a standard by which applicants had to get sign-off from a certain percentage of the neighbors. President Wilson said historic structures have different needs and cited the loss of the Tigard Feed and Seed store. He said there is a significant public interest in preserving things that have historic value. They have to be economically viable and there needs to be some sort of provision to convert to other uses. PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 6 • Exhibit A - Page 8 • Commissioner Padgett said he agreed in principal, but only to the extent that it is represented as a historical site and there is an actual showing on the history of it and why it is a historical site. President Wilson disagreed. He doesn't believe education is the only value of history. He thinks just being able to see the property and drive by is good enough. The property being carved up into a subdivision would represent a loss to him. Commissioner Padgett stated he did not think this is right type of process for the applicant to accomplish what he is trying to accomplish for his property. He thinks • that all the testimony has been very site specific and he has not heard any testimony as to why we should change uses city-wide in all historic overlay districts in a legislative process. Commissioner Topp said that doesn't invalidate the concept; the fact that it was brought because of a specific case doesn't mean we should ignore the concept. He doesn't believe we should throw it out because it's too site specific. President Wilson said he would like.to see some kind of a provision to allow limited commercial use on historic properties sufficient to maintain them. He said that if we allow these 2 uses, there will be a 3`d and 4th, and so on. Commissioner Anderson said she would recommend denial; this may open up other issues if allowed. Commissioner Padgett questioned whether we should designate specific uses as opposed to some kind of criteria for whether any use should be allowed in a historic zone in a residential area. President Wilson said the purpose of a historic overlay is preserve historic areas, not to give them special privileges. He said that to preserve them requires that an owner can afford the typically higher maintenance costs involved. Commissioner Topp suggested that if we took the proposed bed and breakfast language and said "commercial activities may be permitted, such as conditional use", it would give it a broad opening that says you've got a historic building and you may need to do something other than live in it to be able to maintain it. This would open up the door that allows for that option to be pursued and reviewed, but we need to have restrictions. He said that would be a reasonable concept. President Wilson said he thought that if an owner could show that the historical site was not likely to be preserved unless additional income could be generated, then some limited commercial use might be allowed. Commissioner Griffith reminded the Commission that there is an allowance for home occupations. Wilson asked if this direction would be difficult to do. Ms. Hajduk answered that it would be very difficult for staff to review and make a recommendation based on financial implications. She noted that $100 might be critically important to one person, and PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 7 Exhibit A - Page 9 for another, it might be $100,000. The concept of just making an argument that it is financially necessary would be very difficult to evaluate. Commissioner Griffith suggested expanding the allowances for home occupations. President Wilson asked if the recommendation to allow bed and breakfasts was the belief that.most neighborhoods could handle that type of use. Hajduk answered that to limit customers to 5 on a regular basis on weekends would be consistent with what we would allow anyway. She noted that we have never allowed bed and breakfasts as a home occupation and said they are listed under commercial lodging. She believes it is consistent with what you could do. Commissioner Anderson moved that the Planning Commission forward a recommendation to the City Council to deny the requested zone ordinance amendment and to deny the request to allow weddings in historic overlay zones, ZOA 2000-00001, and to deny bed and breakfasts. Commissioner Padgett seconded the motion. Hajduk advised that she would forward to Council the Planning Commission recommendation and copies of the minutes, but she would not include the proposed language. Council would not have the benefit of looking at the language and making a decision for or against it. A voice vote was taken and the motion passed by a vote of 6-2. Commissioners Anderson, Padgett, Olsen, Scolar, Griffith, and Mores voted yes. Commissioners Incalcaterra and Wilson voted no. Commissioner Topp abstained. Commissioner Topp would like to see bed and breakfasts included with home occupations. Commissioner Padgett asked if there was a way to write the language to define a bed and breakfast situation totally separate from the definitions of commercial lodging so it could be included under a home occupation permit. Ms. Hajduk thought it would be doable. Commissioner Padgett noted that bed and breakfasts could then be allowed in all residential zones if they were allowed under home occupation standards. Hajduk advised that bed and breakfasts are allowed conditionally in other jurisdictions. Commissioner Topp moved that bed and breakfast establishments be considered a home occupation and that staff provide language to City Council to that effect. Commissioner Olsen seconded the motion. A voice vote was taken and the motion passed unanimously. Ms. Hajduk said she would check about additional notice requirements. President Wilson said he would like to Council to understand the Commission's deliberations about the economic issue here and that some commercial use should be allowed for historic property. Commissioner Padgett moved and Commissioner Scolar seconded a motion that City Council explore opportunities to allow limited commercial use for historic PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 8 • • • Exhibit A - Page 10 properties for their preservation. A voice vote was taken and the motion passed unanimously. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 10:26 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES—July 17,2000—Page 9 • • Exhibit B - Page Agenda Item: 6.1 Hearing Date: July 17, 2000 Time: 7:30 PM STAFF REPORT TO THE A ,‘ o PLANNING CITY TY .TIG O f nc OF Community Development: f' .. FOR THE CITY OF TIGARD 'OREGON SitapingABetter Cominuni SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00001 • PROPOSAL: The applicant is requesting approval of a zone ordinance amendment to allow weddings and Bed and Breakfast establishments in Historic Overlay zones. APPLICANT: Dan Quello APPLICANT'S Bruce Vincent 16445 SW 92nd Ave. REP: 825 NE 20`h Avenue Tigard, OR 97224 Suite 300 Portland, OR 97232 ZONE: All Zones with a Historic Overlay designation— Citywide. LOCATION: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740; Comprehensive Plan Policy 3.7.1; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, and 5. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zone Ordinance amendment to allow Bed and Breakfasts in Historic Overlay zones conditionally and to DENY the request to allow weddings in Historic Overlay Zones. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 1 OF 7 • • Exhibit B Page 2 SECTION III. BACKGROUND INFORMATION The applicant, Dan Quello, owns a home with a historic overlay. This house was inventoried in the Comprehensive Plan and referred to as the Shaver-Bilyeu house. It is currently commonly referred to as the Quello house. Mr. Quello had been conducting outdoor weddings on this property for approximately 2 years. Complaints were received and City staff confirmed that no permits were, or could be, obtained because the commercial use was not permitted in this residential zone. Mr. Quello is asking for a code amendment to allow weddings, as well as bed and breakfasts uses in historic zones in order to continue offering wedding services from this home. If the request is approved, he will have to return with a request to have the Historic Overlay zone placed on his property. He will then be able to submit a conditional use application for the proposed use. • The are 9 sites (not including the Quello house, which is on the National Register but not locally designated). Seven are in residential zones and 2 are in commercial zones. Staff has reviewed each of these sites and prepared the following table: ;.,:,;HISTORIC„SITE °; SITE CHARACTERISTICS'„e BED& OUTDOOR.WEDDING. BREAKFAST: AND RECEPTION POTENTIAL. Durham Developed with school. Plenty of None Possible but unlikely. Elementary parking. Surrounded by industrial School • land and uses. John F. Small house. Home is used for Due to existing Possible, but unlikely Tigard House museum, lot owned by the Water use, none. because it is water district District. property. Ye-Olde Windmill Very small lot. No structure other None Very unlikely. than windmill. Charles F. Home can not be seen from road. Yes. Possible Tigard House Assessor info. indicates home is over 3,000 square feet and lot is 1.5 acres. Tigard Farmhouse Approximately 2,600 square foot Yes . Possible and Windmill home on 1/2 acre lot. Joy Theater Movie theater. None None Tigard Grange #148 Large building. Parking area gravel. None Indoor weddings allowed now due to existing use. Outdoor unlikely Seven . Approximately 2,500 square foot Yes Possible Gables House home on '/2 acre lot. Gaarde House Approximately 2,900 square foot Yes Possible but unlikely due to home on 1/, acre lot. size. Shaver-Bilyeu Large home (approx. 3,600 square Yes Possible House •,. , feet) on 2+ acre lot. [1] Staff included all homes currently serving as residences as having Bed & Breakfast potential. [2] Staff included all lots %2 acre in size or larger as having commercial outdoor wedding potential. Staff could not examine yards to truly determine if there were areas large enough to accommodate weddings. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT r0 ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 2 OF 7 ` *, •` • Exhibit B - Page 3 Bed and Breakfasts are combined under the commercial lodging use classification in the development code. Commercial lodging is permitted in the C-G, C-P, CBD, MUE, and I-P zones. Outdoor weddings are not addressed in the use classifications, however, a non-profit wedding may be permitted in Community recreation areas such as parks where the site has already been reviewed for noise, parking, traffic, and other such impact issues. Because they are intended to be outdoor meeting facilities, a wedding would not be inconsistent with the community use. For profit weddings, however, are most appropriate in a commercial zone within an approved public meeting location. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of property with a historic overlay and notice was published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO 11 E PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 3 OF 7 • Exhibit B Page 4 Statewide Planning Goal 5 — Open Spaces, Scenic& Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government 3 choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code has standards that preserve the historic resource with a review mechanism for alteration and demolition. The proposed uses would not, by themselves, conflict with this goal or the City's implementation of it (although structural changes would have to be reviewed). • Any federal or state statutes or regulations found applicable; There do not appear to be any applicable federal or state regulations for the USE of historic structures as they deal mainly with the exterior and/or architectural changes to the structures • Any applicable Metro regulations; There are no Metro regulations that need to be considered in this request. • Any applicable Comprehensive Plan Policies; and Comprehensive Plan Policy 3.7.1: The policy states "The city shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments will not be inconsistent with this policy. Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.330 and 18.740 will be amended, there are no specific criteria in these sections that need to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. STAFF REPORT 10 THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT 10 ALLOW WEDDINGS AND BED AND BREAKFAS TS IN HIS I ORIC OVERLAY ZONES PAGE 4 OF 7 • Exhibit B - Page 5 SECTION V. STAFF ANALYSIS The applicant has submitted several letters from people who have had wonderful weddings at the Quello house. Staff does not dispute that this is a beautiful home, with lovely landscaping, however, the question is whether the proposed uses are appropriate (not just enjoyable for those getting married) for all historic sites. The applicant has stated that by making the uses conditional, each site will be evaluated for compatibility with the neighborhood as part of that review. While this is true, staff has to examine whether it • makes sense or if it is possible for the conditional use to be approved. It would make no sense to permit something in concept that has no possibility of being approved in reality. The applicant states that by allowing bed and breakfast and weddings to occur on sites with a historic overlay designation, that owners of these properties will have an avenue to raise additional monies to help defray the costs of upkeep of the sites. It is stated that this will benefit all of Tigard by providing incentives for owners of historic properties to maintain them versus let them deteriorate and/or tear them down. While the applicant has submitted the request for both bed and breakfast uses and weddings, staff has determined that they are, in reality, two totally separate uses that need to be evaluated separately. The staff recommendation is based on several factors. First and foremost, staff is assuming that the Planners, citizens and City Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may .be needed to allow uses that should have been included in a particular zone. Bed and Breakfast After evaluating the criteria, the applicant's statements and how other Cities address this issue, staff has determined that it may be appropriate to allow bed and breakfast uses. These uses could be controlled with Conditional Use Permit (CUP) approval. The impact on the neighborhood would be minimal and, if limited, would result in less customer visits than that of a home occupation which is allowed in all residential zones. The Bed and Breakfast concept could be limited to a certain number of rooms maximum, thus parking and noise would not be as great a concern. In addition, the other cities reviewed in preparation of this report (Portland, Beaverton, and Oregon City) allow bed and breakfasts conditionally in most residential zones (not just limited to historic districts). They do not allow (Portland) or do not address weddings or other group gatherings (Oregon City and Beaverton). The applicant has proposed conditional use language which would limit bed and breakfasts to 5 guestrooms and 1 parking space per room. Staff is supportive of these proposed restrictions. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 5 OF 7 • • Exhibit B - Page 6 Commercial Weddings Weddings for commercial business, even if approved as a conditional use, are not appropriate on residential home lots. Weddings may attract traffic that may not be able to be adequately accommodated on-site without jeopardizing the historic integrity of the site and off-site parking would not be in accordance with the Development Code standards. The applicant's residence is adjacent to the high school and they have indicated that there is more than enough parking there for a wedding use, however, this is not their property and, as far as staff knows, they do not have permission to use it.. In any event, the parking locations may be no less than 200 feet from the building or use they are required to serve. The applicant's representative has indicated that many "wedding houses" provide valet parking which would allow parking other than the typical parking lot arrangement, as parking can be stacked. They propose 10-12 on-site stacked parking spaces as well as lease agreement from adjacent property owners for additional parking spaces on an as needed basis. By not being able to provide an accurate number of parking spaces with assurance that the people parking the cars are maximizing space, staff can not be assured that parking will not get out of control. In addition, the applicant would not be able to use adjacent property unless it is approved for parking as well. Again, a large number of cars, traffic and people on a weekly basis is not consistent with a residential neighborhood. Weddings also raise concern regarding noise levels for outdoor weddings which the City has already received numerous complaints on. Because weddings occur on weekends, when no code compliance specialist is working, enforcement of any conditions related to noise would be very difficult. The applicant has stated that outdoor wedding activity may occur a maximum of 12-15 times annually from May-September. This could be as much as every Saturday for 3-4 months during the summer. This is far too much impact for residential areas. The Conditional Use standards would force staff (or the Hearings Officer) to approve the use if certain criteria were met, therefore, very little discretion could be applied if the conditional use was an option. The number of complaints received while the Quello's were conducting weddings and the time spent on those complaints is another indication that this is not a suitable site. The City does not want to add additional burden on code enforcement when it is highly anticipated that the use will generate complaints. . The applicant has proposed conditional use language which would restrict amplified noise and activities after 9:00 PM for weddings and receptions. Staff is not supportive of the use, even with these restrictions for the reasons stated above. Staff Recommendation: Based on the analysis above, staff finds it appropriate to allow historic sites to offer bed and breakfast facilities as approved by a Conditional Use. Staff is recommending that the Planning Commission forward a recommendation to City Council to amend the zone ordinance to approve the bed and breakfast use and deny the wedding use option. The bed and breakfast would be a conditional use with the following restrictions: 1 . Limit of 5 guest rooms 2. On-site parking of one (1) space per room, and 3. City of Tigard Historic Overlay designation. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 6 OF 7 • • Exhibit B - Page 7 SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the application and provided the following comments: The proposal to allow weddings in historical structures could result in negative impacts if the facility is located within a • residential neighborhood. Parking can be a major issue. If multiple on-site parking spaces are allowed (or required) then the parking area can spoil the character of historical structure itself, as well as, have a negative visual impact on adjacent homes. If on-site parking is not provided, and the historical structure is located in a residential area, then on-street parking could become an issue with the residents in the neighborhood. Weddings are generally held on weekends when code enforcement staff are not on-duty, therefore, police would likely be called if there was a problem. The residents of the City may not consider diverting officers to deal with minor issues (such as loud celebrating) an efficient or cost-effective use of a police officer's time. Bed and Breakfast establishments have and continue to be a viable use of historical structures in residential areas if the number of rooms that can be rented is strictly controlled. Two to four more cars on most residential streets can almost always be accommodated. Signs for Bed & Breakfasts within residential areas should be prohibited or strictly controlled since area residents often relate signs to commercial activities. A Bed & Breakfast can blend into a neighborhood if signage is not present. City of Tigard Long Range Planning Division, DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. . • July 5, 2000 PREPAR II BY: Julia Hajduk DATE Associate Planner • f July 5, 2000 APPROVED BY: Richard Be e sdorff DATE Planning Manager is\curpin\julia\zoa2000-00001 staff report.doc STAFF REPORT TO TI-IE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND 13ED AND BREAKFASTS IN 1-IISI'ORIC OVERLAY ZONES PAGE 7 OF 7 • Exhibit B - Page 8 ...DRAFT. DRAFT.....DRAFT DRAFT.....DRAFT. DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strife—through - (Additionally, a bar in the far right margin also indicates there has been a change. Example:—* I ) Chapter 18.740 HISTORIC OVERLAY • Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: 1. Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; • 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page I of 4 1)RAFT...I8.740...1)RAF1' • • Exhibit'B - Page 9� 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. 18.740.030 General Provisions A. Approval of exterior alterations. Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance, nor may any new structure be constructed in an historic district unless approved by the Director. • B. Approval of demolition. No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. • D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. E. Incentives for maintenance. In an effort to aid in the upkeep, protection and pride of properties with a historic overlay designation. Bed and Breakfast facilities are permitted subject to Conditional Use approval in all residential zones. • 18.740.040 Approval Process A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010, Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Proposed Zone Ordinance Amendment to Conditionally Allow lied & Breakfast Uses in Historic Overlay Zones Page 2 of4 DRAFT...18.740...DRAF'f • • Exhibit B - Page 10 c. The site or area is identified with historic personages, or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or e. The proposed site or area is a notable work of a master builder,designer or architect. . 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. .C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the.structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, 'texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: I. "Ihe purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 3 of4 i)12AF1'...18.740...DRAFT • Exhibit B - Page I • 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement,proportion, detail, scale, color,texture and materials proposed to be used in the construction of the new building or structure; and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- . of-way, and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390; Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020, must include the following information. Specific information to be contained in each of the following is available from the Director. I. Site plan; 2. Architectural drawings; • 3. Landscape plan; • 4. Sign drawings. • Proposed Zone Ordinance Amendment to Conditionally Allow 13ed & Breakfast Uses in Historic Overlay Zones Pane 4 of 4 DRAFT ...18.740...I)RAF"I' • • • • Exhibit B - Page 12 ...DRAFT. DRAFT.....DRAFT.....DRAFT.....DRAFT DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike-through • (Additionally, a bar in the far right margin also indicates there has been a change. Example:—+ I ) Chapter 18.330 CONDITIONAL USE • Sections: 18.330.010 Purpose 18.330.020 Approval Process • 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if*the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; b. An 10% increase in dwelling unit density; c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page I of I I URAF"1'...18.330...1)12AF"1' • • Exhibit B - Page '13 e. A reduction of more than 10%of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.320.020A. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing.a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following • are satisfied: 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Proposed Zone Ordinance Amendment to Conditionally Allow Bed &Breakfast Uses in Historic Overlay Zones Page 2 of I I DRAFF...18 330.-.1)12AFT • • Exhibit B - Page 14 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs,and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s) to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 3 of I I DRAFT...18.330...DRAF"1' • • Exhibit B - Page 15 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the . provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. • 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the.following: 1. Existing site conditions; 2. A site plan; • 3. A grading plan; • 4. A landscape plan; 5. Architectural elevations of all'structures; and • 6. A copy of all existing and proposed restrictions or covenants. • 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: I. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery;preschool, elementary,junior, middle, or high school; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 4 of I I DRAFT...18.330...1)12A1'1 • • Exhibit B - Page 16 (3) Day care center,nursery school,resident care facility or hospital; (4) Public library; • (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph(a) above is listed; c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Bed and Breakfast Establishments in Residential zones: a. The property must be in a historic overlay zone only. b. No more than 5 guest rooms shall be permitted. c. One parking space per guest room in addition-to the parking required for the existing residence shall be provided. d. The Bed and Breakfast establishment shall be run by a primary resident of the property. e. Signs shall be permitted in accordance with the home occupation sign standards of Section 18.742.050.A.2.a. f. The dimensional standards of the underlying zone shall apply. g. No other commercial activities may occur on-site other than those permitted under a Type 1 home occupation permit. 23. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 5 of 11 DRAFT...18.330...URAF'l' • • • Exhibit B - Page 17 34. Fleet Storage: • • • a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 45. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; • 56. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements. 67. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with.the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. ;8. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots, the setback shall be 40 feet on any side facing a street; and • (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. S9. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas,Chapter 18.795; Proposed Zone Ordinance Amendment to Conditionally Allow Bed &Breakfast Uses in Historic Overlay Zones Page 6 of 11 DRAFI'...I8.330...DRAF1' • • Exhibit B - Page 18 (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. 910. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. -1-011. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (I) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. -1412. Cemeteries: a. The minimum lot size shall be five acres; b. Setbacks: • (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 7 of 1 I DRAFT...18.330...DRAF'F . • Exhibit B - Page 19 (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. -l-213. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 1314. Major Event Entertainment: a. The minimum lot size shall be two acres; • b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.765; 1-415. .Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. Proposed Zone Ordinance Amendment to Conditionally Allow Bed &Breakfast Uses in Historic Overlay Zones Page 8 of 11 DRAFT...18.330...1)RAFT • • Exhibit B - Page 20 • -1-516. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. -1-617. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. -1-718. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; • b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. -1-819. Manufactured/Mobile Home Parks (Also see Chapter 18.750): a. Minimum lot size shall be one acre; • b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 9 of 1 I I)RAFI'...18.330...DRAF1' • Exhibit B - Page 21 • (2) Rear yard: 25 feet; • (3) Side yard: 10.feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; • f. Landscaping shall be equal to 20% of the project area; • g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have • minimum size of 2,500 square feet. • -1-120. Children's Day Care: • • a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. X021. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping;visual screening shall be provided to screen headlights from abutting property and the right-of-way. . c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other . satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 10 of 11 DRAFT'...18.330...DRAFI' • • • Exhibit B - Page 22 • f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk-up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. I:\curpin\julia\zoa\zoa2000-00001 Chapter 18.330 proposed changes.doc Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 1 1 of I I I)RAFT...18.330...URAI F • • Exhibit B - Page 23 ...DRAFT .DRAFT DRAFT .DRAFT.....DRAFT DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike—through (Additionally, a bar in the far right margin also indicates there has been a change. Example:- I ) Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts • 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services -- at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts A. 'R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& l3reakfast Uses in 1-listoric Overlay Zones Page 1 of 7 DRAFI'...18.510...DRAFT • . • Exhibit B - Page 24 E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot_size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square 'feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may . be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use.table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R1/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R' R2 R'` R2 R' Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 2 of 7 DRAFT...18.510...DRAFT • • • Exhibit B - Page 25 HOUSING TYPES Single Units, Attached N• N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 .Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units • P P P P P P P P Mobile Home Parks/Subdivisions N N C C _ P P. P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C• C C C C C C C Cultural Institutions N N C C C N N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N • N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Bed and Breakfast Establishments C12 C'2 C12 C12 C12 C12 C12 C12 Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment' N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N - N N N Self-Service Storage N N N N N • N N N Non-Accessory Parking N N N N N C10 C'0 C'° Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 3 of 7 DRAFI'...18.510...DRAFT • • • Exhibit B - Page 26 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N ' N N N N N N - Heavy Industrial N N N N N N N N Railroad'Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R' P/R7 P/R' P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. °Except water and storm and sanitary sewers, which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 'Conditional Use for properties with a Historic Overlay Zone only. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 4 of 7 DRAFT...18.510...DRAFT • • • • Exhibit B - Page 27 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each•zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020 B l. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size -Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit[1] _ 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. -Duplex lots 90 ft. 90 ft. 50 ft. -Attached unit lots 40 ft. Maximum Lot Coverage - - - - 80%[2] - Minimum Setbacks -Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. -Side facing street on comer&through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. -Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. -Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. -Distance between properly line and front of garage 20 ft. 20 It. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - - - 20% 111 Single-family attached residential units permitted at one dwelling per lot with no more that live attached units in one grouping. 12)Lot coverage includes all buildings and impervious surfaces. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 5 of 7 DRAFT...18.510...DRAFT • • . Exhibit B - Page 28 TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES . ; `R-12 R-25 ..: R-40 --",7-",, STANDARD - , -MF DU* = SF DU** ,`MF DU*_: ' ;• -SF;DU**.- MF:DU* SF DU«*, Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft.per unit 1.480 sq.ft. 3,050 sq.ft.per unit None None -Attached unit 1,480 sq.ft. None -Duplexes 6,100 sq.ft.or 3,050 sq.ft.per unit None -Boarding,lodging,rooming house 6,100 sq.ft. Average Lot Width None None None None None None Minimum Setbacks -Front yard 20 ft. 15 ft. • 20 ft. 15 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 10 ft. 20 ft. 10 ft. 20 ft. 10 ft. -Side yard 10 ft. 5 ft.[1] 10 ft. 5 ft.[1] 10 ft. 5 ft.[1] -Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side pr rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. -Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Coverage[2] 80% 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% 20% 20% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit\ 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; • e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non- Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 6 of 7 DRAFT'...18.510...DRAFT • • • Exhibit B - Page 29 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. • • I:\curpin\julia\zoa\zoa2000-00001 Chapter 18.510 proposed changes.doc • • • • • • Proposed Zone Ordinance Amendment to Conditionally Allow Bed& Breakfast Uses in Historic Overlay Zones Page 7 of 7 DRAFI'...18.510...DRAFT • AMC e Exhibit B - Page 30 DESIGNATED HISTORICAL SITES CITY OF TIGARD • Year Property/Address Tax Lot No. Designated 1 Durham Elementary School Zone: R-12(HD) 8040 SW Durham St. 2S1 13B 300 1984 Built in 1920, the school is significant in its association with early Oregon pioneer and businessman Albert Durham. 2 John F. Tigard House Zone: R-3.5 (HD) 10310 SW Canterbury Ln. 2S1 11 BC 2600, 2700 1984 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville . John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. 3 Ye-Olde Windmill Zone: R-4.5 (HD) 121st St. and Katherine St. 2S1 3BB 6500, 10200 1984 Built in 1909 by Edward Christensen, the water tower stands as a visible testimonial to the surrounding land' s original agricultural use and to the Wood-Christensen families who lived and farmed there. 4 Charles F. Tigard House Zone: R-4.5 (HD) 11180 SW Fonner St . 2S1 3 AC 1700 1984 Constructed . in 1902, this is the second house occupied by Charles T. Tigard, the second son of Tigard' s namesake. Charles established the area ' s first general store and was involved in other commercial activities. 5 Tigard Farmhouse and Windmill Zone: R-12(HD) 10525 SW Tigard St . 151 34DD 100/101 1986 Built in 1900 ' s, the house is significant due to its association with the Cowgill family. Hal Cowgill, who purchased the property in 1936 , was a long-time employee of • Exhibit B - Page 31 -Pacific Power and Light. The residence is one of the few bungalow farmhouses with a water tower still intact. 6 Joy Theater Zone: C-G(HD) 11959 SW Pacific Hwy. 1S1 35DD 2700 1986 Constructed in 1939, the theater building is significant as an example of the Art ' Deco/Moderne. Style. Substantial exterior alteration, approved by the City, occurred -in 1992 . The basic massing and style of the building was preserved and enhanced by the alterations. 7 Tigard Grange # 148 Zone: C-G(HD) 13770 SW Pacific Hwy. 2S1 3DD 600 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. 8 Seven Gables Upshaw House Zone: R-3.5 (HD) 9890 SW Peppertree Lane 251 11CA 15400 1986 The • residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after' serving as the minister of a north Portland church and became involved with the production and marketing of apples . 9 Gaarde House Zone: R-4.5(HD) 11333 Gaarde Rd. 2S1 3DC 1700 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who established a blacksmith shop in 1893 across the road from Charles Tigard' s store. The house is one of the few remaining examples of the bungalow style with Craftsman detail . Its significance rests primarily on its association as a landmark of the Gaarde family' s early presence in Tigard. *10 Shaver-Bilyeu House Zone: R-4.5 16445 SW 92nd Avenue 2S1 14A13 1300 *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family, who contribution to the formation of the local school district , and to its later association with J.C. I3ilyeu, first postmaster of Tigard . * Indicates Listed on the National but not the Local Registry. • • City of Tigard „.„-•-•-' , --„, i •• "•• 1 ., ••-••4- ....„-- „,--...!... i \ . •\\\\,„, I „/ •- •:. /* :•:, • • .• (.... ..itV (...)1„:' Tillsai..d . ,..„/::••• •••• 1 f-- \ I \. . . • .: „ • . .. • • • •.„......„_ ' . r . r_........_-: . r . • - L 1:-....-•"1 T TT CI-ri.-%T-t TY.' "--.7.„( :‘,.‘„.: ,• r•••.r. , -•-•• T .. 4. .. -; :... ... 4 .. .4 i-, ..! , 4s, ,,, ; . 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A ) . _ -".. .. it,i 1."'"0.10,7fTt..9e-a.o444 _ _ .... . .. . ,. 4.,..,---' -T 1 •1171741frge-l' Artf ..5, V • 3.e 7.7.- ic.."1._-..-11,;(041'.. .,,...;).-.405... larr.2--,-,1711:44.).1,4V% :„....A6p 4.4.4.. , .;., . _itg.,,:,?).(.0,,P., ..z.*or,,, .4- _,.., •. . • or.eq--...i" z•'—',.-10.40--4(--o'il• •.‘,...,.. - ,..,4 . ..... •••••• • • Pt••• t'..'• t•Z••• •,-,t • Exhibit B - Page 43 ZONE ORDINANCE AMENDMENT .. • TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 PRE-APP.HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: Property Address/Location(s): FOR STAFF USE ONLY Tax Map&Tax Lot#(s): Case No.(s): • Other Case:No.(s): Site Size(s): Receipt No:: Application Accepted By: Property Owner/Deed Holder*(s): Date: '1 ii--c,'i Address: Phone: City: / Zip: Date Determined To Be Complete:; Applicant*: {�� Sc N I 1/A (1_ Comp_Plan/Zone Designation: Address: -/j/)-5- - T–`l Phone: Z,P( City: i .r I - Zip: 7 z (( * When the owner and the applicant are different people, the CIT Area applicant must be the purchaser of record or a lessee in possession Rev.11/2698 i:\curpin\ ;asterszoaa.doc with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written -- _ authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request a Zone Ordinance Amendment (if applicable)from ❑ Application Form to ❑ Owner's Signature/Written Authorization OR...The applicant requests an amendment to the following sections ❑ Title Transfer Instrument or Deed of the Comprehensive Plan or Community Development Code ❑ Site/Plot Plan (please be specific): .4''11 '\.L "5-2._<="t --.1-- 1��-744 , (#of copies based on pre-app check list) 14-5-1-;;R r D i/Pil_1l' ❑ Site/Plot Plan (reduced 8'/2"x 11") ❑ Applicant's Statement (#of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee $1,415.00 1 • • Exhibit B - Page 44 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above re•uest does not violate an deed restrictions that ma be attached to or im•osed u•on the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. J DATED this_ / day of -- l J � / 2 Owner's Signature • y nature - Owner's Signature Owner's Signature 2 • • Exhibit B - Page 45 PROPOSED CODE AMENDMENT Proposal This proposed amendment is intended to increase opportunities for viable usage of designated landmark structures and improve their chances for continued maintenance and protection as historic resources. In effect,this amendment would allow for certain uses to be allowed on such properties, but only as a conditional use after proper notification and public hearing. Background Information The City of Tigard records indicate that there are 10 properties within the City with a Historic designation. These records also note that all such sites may or may not have the appropriate zoning designation. 15.390.060.6—Decision making considerations 1. The Statewide Planning Goals and Guidelines The following Goals are deemed to be applicable to this proposal: Goal 1—Citizen Involvement Comment: The applicant has conducted a public meeting concerning this proposal with written notice going to all owners of property with a historic designation. The list of owners was compiled from the City's records of such properties. The mailing list and minutes of the meeting are part of this application. • Goal 2—Land use Planning Comment: This application is making use of established procedures that have been adopted by the City for considering amendments to its Zoning code. Goal 5—Open Spaces, Scenic and historic areas Comment: The proposed amendment will provide another tool for keeping and maintaining sites with a significant historic structure. Goal 5—Housing Comment: Approval of the proposed amendments will not jeopardize the housing goals of the City. The proposal does not affect densities or buildable lands. It does, however, provide for an economic incentive for the maintenance of structures of historic significance. The conditional use procedure, coupled with the proposed development guidelines, can assure minimal impacts on adjoining land uses. s • Exhibit B - Page 46 Code Amendment Historic Designation 2. Any federal or state statutes or regulations Comment: Standards for Historic preservation Projects, a publication of • the Technical Preservation Services Division of the US Department of Interior deals mainly with exterior and/or architectural changes to a building that could alter those features that make qualify the structure as historic. Little, if any,attention is paid to the use of the structure itself. The adoption of the proposed amendments does not appear to create conflicts with either state or federal regulations governing the use of historic buildings. 3. Any Metro regulations Comment: There are no known METRO regulations currently in effect that would have a bearing on this proposal. 4. Any applicable Comprehensive Plan policies Comment: The following Comprehensive Plan policies are deemed applicable to this proposal: • Policy 3.7.1 states that the City shall,amongst other things, promote the preservation and protection of historically and significant structures within the City. By providing options within the Development Code for the ability to conduct for certain land uses on historically designated properties, when the revenue from such uses is earmarked for improvements to the historic structure, the city assures retention of these structures and forestalls redevelopment pressures for that property. Where the implementation strategy indicates that a program should be established to renovate certain historic structures could be used as public purposes such as museums or cultural centers, ie Durham School and the John Tigard home,there needs to be additional incentives for private property owner to generate funds to be used in restoration and maintenance of other historically significant structures. 5. Any applicable provisions of the City's implementing ordinances Comment: The City's Development code sets forth the procedure consideration of Text amendments. This request is following the established procedure beginning with the pre-application conference, neighborhood meeting and the filing of this application. -Page2- • • Exhibit B - Page 47 i • Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B., 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5 guest rooms On-site parking one space per room -page3- • t • t BEDSA•L / VINCENT C NSUL T� G ExhibitB - Page 48 • 825 NE 20TH AVENUE , SUITE 300 PORTLAND , OR 97232 503 . 230 . 2149 (FAX) • 503 . 230 . 21 19 (OFFICE) FACSIMILE TRANSMITTAL SHEET TO FROM: JULIA HAJDUK BRUCE VINCENT FAX NUMBER: DATE.. 684-7297 MAY 9,2000 COMPANY: TOTAL NO.OF PAGES INCLUDING COVER: • CITY OF TIGARD 6 PHONE NUMBER: • SENDER'S REFERENCE NUMBER: 639-4171 RE: YOUR REFERENCE NUMBER Response to your 4/4/00 Letter to Spencer Vail-Quello Residence • a U RGENT a FOR REVIEW a P LEASE COMMENT 0 P LEASE REPLY Q P LEASE RECYCLE NOTES/COMMENTS: 825 NE 20TH AVENUE, SUITE 300 - PORTLAND, OR 97232 PHONE: 503.230.2119 - FAY: 503.230.2149 tEl'd E r't. '711.15 HMI-1910D 1N3:_:N I(i -AUSQ38 L S:i 11 000 —Ea=1—.),HW • • BEDSAUL / VINCENT CONSULTING , LLC • ExhibitB - Page 49 825 NE . 20tR AVE . , SUITE 300 PORTLAND , OR 97232 OFFICE ( 503 ) 230 - 2119 FAX ( 503 ) 230 - 2149 May 3,2000 Julia Hajduk,Associate Planner City of Tigard Planning Dept. 13125 SW Hall Blvd_ Tigard, OR 97223 Re: Response to Issues Raised in a 4/4/00 Letter to Spencer Vail-Requested Zoning Ordinance to Historic Overlay Zone-Quello Residence. (16445 SW 92") Dear Julia Hajduk, As you know, Spencer Vail is an associate of mind, and he asked me to take over the above- mentioned project for him. The most pressing matter at hand is responding to your 4/4/00 letter. In that letter you requested more supporting information for the above-mentioned request. The following is a summary of those issues, as I understand them: 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. 2. An expanded discussion on how the proposed uses would be compatible with surrounding uses. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. 5. Proposed parking requirements for bed and breakfast/wedding ceremony-reception uses. I will respond to the above-mentioned issues in the following paragraphs. 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. • If this zone change request is approved, it will permit bed and breakfast and wedding ceremony/reception uses that are unique alternatives to weddings in churches and overnight stays in motels. Local citizens of Tigard cannot offer out-of town guest a unique alternative to a stay in a modern motel. Local citizens of Tigard do have a unique alternative location to an inside church wedding and reception for their sons and daughters. If Tigard had both these • uses, local citizens would not have to look elsewhere for the essential ingredient to a memorable stay or once in a lifetime wedding: a memorable location. A memorable experience in Tigard will be remembered and talked about by those that experienced it, and bring them back for another stay or another wedding. If unique bed and breakfast lodgings and wedding spots are Bedsaul / Vincent Consulting , LLC H 1 111 I'DNO D 11 1!='D(]Da S H ,;�:tl I Iii 1tl%-6t t-:._lJ Exhibit B - Page 50 • • not present In Tigard. locelesidents will find alternate locations inQrtland and Washington County. Therefore,their money will not be spent in stores, restaurants and other businesses during their stay in Tigard. Permitting historic residences to provide unique types of uses benefits the entire community, but keeping revenue-generating and taxpaying uses within the City,and by offering a unique and memorable alternative that is not present within the City. 2. The compatibility of the proposed uses with the surrounding residential uses. In most cases,the historic residences within Tigard are located in residential zones. As a rule, residential zones allow a variety of uses under prescribed conditions.(e.g. Conditional Uses) Such things as churches, group homes, residential care facilities are allowed via a conditional use. Conditional uses require substantiation that use is compatible with surrounding residential uses, and limits are generally placed on such things as hours of operation, off-street parking, screening, buffering and the like. Therefore,the proposed wedding reception/bed and breakfast uses will be compatible with surrounding residential uses, via application of Tigard's Conditional Use process, and establishing site-specific conditions of approval to regulate that use. 3. A discussion of revenue generation from the list of proposed uses,and how that revenue will help maintain the historic residences. The historic residences proposed for inclusion into this zone amendment process are all unique structures built from high quality materials. Historic properties within Tigard contain older residences that are examples of architectural styles that have long since vanished from the City. Those dwellings are generally large, and are aging;therefore, they require more maintenance than a typical single family home. Furthermore, it costs more to repair, refurbish and remodel historic residences, because it costs more to purchase quality materials to match existing architectural detailing, and it costs more for skilled contractors to do historic restoration work. Additionally, some historic residences are on large lots with mature landscapes and large lawn and shrub bed areas. Large landscaped areas require professional landscape maintenance to keep the grounds in perfect shape for bed and breakfast clientele and wedding receptions. The revenue from bed and breakfasts and residences could help defray the costs of upkeep and repair, and allow the homeowners to conduct a profitable business on the historic sites. If these historic homeowners are allowed to defray the cost of upkeep,all residences of Tigard benefit, not just those owing those properties. Historic residences are a reminder of what Tigard used to be; a farming community far from the outskirts of Portland. They are located in the community for all residences to see, and they provide the community with a view into the past. The benefit to the community is knowing that the historic residences will not fall into disrepair, because a portion of the profits from the business will go into upkeep and maintenance. The upkeep and maintenance will not just be for appearance sake, because the structures will house a business, not just a residence. Without a high degree of upkeep and maintenance, the business will not survive. If the business goes away,these structures could become run down, and then torn down to make way for a new home, or a new in-fill subdivision. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. I have discussed the noise issue with my client, Dan Quello, and he has agreed not to have loud amplified music after the wedding ceremony, and as part of the wedding reception. The former noise complaints stemmed from a hired disc jockey that played recorded music at loud levels, and not from any amplified voices or music as part of the wedding ceremony. The amplified voices or music as part of the wedding ceremony can be kept at a reasonable volume level that will comply with City of Tigard's Municipal Code as it applies to noise ordinances. The Conditional Use process can regulate and limit noise-generating uses via conditions of approval. As an example, the Conditional Use section of Tigard's Zoning Code already limits drive-up Bcdsaul / Vinccut Consulting , LLC 1-17-,t'17 1-t=rte N 1111 r ra_t_; LNTl)N 1 ft inns J3 000 -60—'17.4H cry:t Z uu ,- :. • Exhibit B - Page 51 • • window communications sound to a measurement of 55 decibels at the adjoining property line(S) at any time. Furthermore, Mr.Quello has agreed to allow Matthew Scheidegger,Code Compliance Specialist,to randomly monitor noise levels for compliance with the City's noise ordinance. Therefore, future use of the subject site for outdoor wedding ceremonies and receptions should not cause significant noise impacts on adjacent neighbors: 5. Proposed parking requirements for bed and breakfasth+vedding ceremony-reception uses. In his Zone Amendment application, Spencer Vail has already suggested a parking ratio of one space/room for a bed and breakfast facility. (See proposed Code Amendment application) Outdoor wedding and receptions are an activity that may occur a maximum of 12-15 times from May-September, therefore they are an intermittent, seasonal site use that should not be required to provide a constant number of parking spaces at all times. As applied to historic residences, single family residential use is still the primary use in the R-4.5 zone, and the wedding use in secondary to the primary use. Many"wedding houses" provide a valet parking service and rent space on an adjacent parking facility. Additionally, an on-site valet can park guest vehicles in a stacked parking arrangement, rather than a typical parking lot arrangement. Based on the above-mentioned information, I think 10-12 on-site stacked parking spaces should be provided on-site, will a verifiable lease/rent agreement with an adjacent landowner to provide 50-60 spaces on as-needed basis. Typically, wedding and receptions are on the weekend, therefore schools, churches, (on Saturdays only), and 9-5 business parking lots could be used for the weeding use. Please review this letter and call me if you have any questions. Please let me know as soon as possible when you can schedule a hearing before the Planning Commission. Sincerely, Bruce Vincent, President BedsaulNincent Consulting, LLC • Bedsaul / Vincent Consulting , LLC t O-d 6b I I=C . `US td 1 111 ISN�i 1I-ik l 3,3 0007-60-).UN i-).UN • • • Exhibit B - Page 52 • • • • • . June 7, 1999 • • • Dear Matthew, At a June 3rd meeting at Tigard City Hall,Planning Manager,Dick Bewersdorf and property owner Dan Quello addressed the following concerns: 1) The Quellos have agreed to not book any future outdoor weddings until such. time as a hearing can be held to review current zoning laws and„Conditional use Permits"as they might apply to Nationally Designated Historic Properties in residential neighborhoods_ 2). The Quellos will honor their obligation to those couples who made their booking prior to June 3, 1999. • 3) At those events, sound levels will be randomly monitored by Matthew Scheidegger, City of Tigard Code Compliance Specialist, to ensure that they do not exceed the noise ordinances of 50 decibels during the day and 40 decibels at night. As a further gesture of good will, the Quellos will ask that any music end by 9:00 PM(one hour earlier than the ordinance allows) 4) At the time of a specially called land use hearing, (TBA) opportunity for both proponents and opponents to voice their concerns and vested interests will be given_ A final ruling will rest with the City of Tigard Planning Division_ We are anxious to work with the city and our neighbors in resolving this matter_ Sincerely, Rev_ Dan Quello P r5: 1 T 000;7-60 d ,'HLJ I h .Nl 11 IH=Q 38- -� _`. 2=om • • • Exhibit B - Page 5.3 Code Amendment • Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18330.030.B. 1. Weddings and receptions A. restrictions: No amplified music • • No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions • Limit of 5 guest rooms On-site parking one space per room 90'd 6t°t:_. 027 cos N!111:;NO Z' 1N3:_;N I rl 11 IN' c138 000 -60 • • Exhibit B - Page 54 BEDS'AUL / VINCENT CONSULTING , LLC • 825 NE 20TH AVENUE, SUITE 300 PORTLAND , OR 97232 5.03 . 230 . 2149 ( FAX) 503 . 230 . 2119 (OFFICE) FACSIMILE TRANSMITTAL SHEET TO: FROM: JULIA IIAJDUK BRUCE VINCENT PAX NUMBER: DATE: 684-7297 MAY 10,2000 COMPANY: TOTAL NO.OF PAGES INCLUDING COVEIL• CITY OF TIGARD 11 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 639-4171 RE: YOUR REFERENCE NUMBER Letters of Support for the wedding/wedding reception use at the Quello residence (l URGENT 0 FOR REVIEW Q PLEASE COMMENT Q PLEASE REPLY U PLEASE RECYCLE NOTES/COMMENTS: . Julia: My client gave me these support letters,and now that I have responded to your 4/4/00 letter, I would like them entered into the case file record_ Dallied with nay clients and they would very much like to be on the 7/3/00 Planning Commission hearing schedule if at all possible. • 825 NE 20TH AVENUE, SUITE 300 - POkYLAND, OR 97232 PHONE: 503.230.2119 • FAX: 503.230.2149 tO',j r,t tE t t ? :LOS t t 1 ll t'=H I_i 1tJ3. N I i"i 11 US(.138 r.i t: Z 00173 -60-.),OW • t 1111'11(/ AV. Exhibit B - Page 55 (1 2 2.0 .S, - / ' to)1. _.._.... _. j- R .� . DAY-ern • • • 10/24/99 • • To Whom It May Concern: • Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors_ We saw the house just before they moved to it and it was a shambles, They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property_ These weddings • have not been any bother to us_ We think they should be allowed to continue the weddings. • Sincerely. 07 Dan&Candi Mitchell 16585 SW 92"°Ave Tioarri (lrocvnn Q777d • • • c0',3 F,t-T.? O'=? NI111-I'S14 i1 1143III11i. lliN5733 itT:ST i_=i.?-rL -,A:HW • . . . .. . .. • • . . . - - . Exhibit B - Page 56 . . . . 6) le4 (il.)te..v1 a1" .. .4 /.4-4....„ 49--..era'Let 4-s-s--tp 4; ...7/ A . .74/1.A.... dy%.-. 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SOUS WRnER 5 OtRCCT F*1;(3121840-7387 h(i6RMET ADDRESS:ttLS+Ods®ionnefAon August 30, 1999 • • Quello House 16445 SW 92nd Ave. Tigard, OR 97224 Dear Pastor and Mrs. Quello: My fiance, Robert Greenlee,and I stopped in on August 6th, 1999 and discussed the possibility of holding our wedding ceremony and reception at your house early next fall (2000). We understand that,because of the pending zoning license, you are unable to make reservations for next year at this time. I wanted to write because my fiancé and I were so impressed by your house and the wedding services that you offer. We looked at many different places during the week we were there, and none of.thern had the personal and friendly feeling we got when we visited your home. My fiancé and I hope to get_married next September,preferably during the Labor Day weekend. However, we have not made any reservations anywhere because we would like to wait to see the outcome of your zoning application. While we understand that you cannot hold any dates for anyone, we would be extremely grateful if you would be willing to contact my mother, who lives in Tigard,when you hear the Board's decision. My mother,Donna Yount, can be reached at(503) 590-7773. Since I live in Chicago, any call to me would be long distance,but in the event that you need to reach me,my home number is (773) 868-4362 and my work number is(312) 923-2967. Until then, we will wait with our fingers crossed that your application goes through without a hitch. Thanks very much for your assistance. Sincerely, (.\(\(\N-AA-/ SCE'd 6b E 1]S? ,70s N I 111 ISNCI Jt 1NT.'N I i 1 ii IHSQdd t'I :S Z 000?-610-!-;HW • • PUBLIC TESTIMONY • - 1-?t b h c • RECEIVED PLANNING ---rES+ On) AUG 0 8 2000 To: Tigard City Council 7 August 2000 CITY OF TIGARD From: Lawrence Galizio &Elisa Engbretson 16455 SW 93`d Ave. Tigard, OR 97224 Re: File#2000-00001 —Quello request for amendment to Community Development Code Members of the City Council: We sincerely regret that we are unable to attend the August 22, 2000 hearing regarding Dan Quello's request to conditionally allow weddings and bed& breakfasts in historic overlay zones because the decision will have an immediate and significant impact on our quality of life as Tigard residents as our property abuts the backyard of the Quello property. Let me be perfectly clear: we vehemently oppose this request both for the specific impacts it will have on our residential community, and for the more general precedent it sets within the larger city of Tigard. Although we cannot be present for the August 22nd hearing, we ask that you take special notice of those speaking and/or writing on behalf of this proposal. You will notice one very important commonality that these people share: NONE are geographically-immediate neighbors of the Quello property. In other words, their testimony is easy(and of questionable credibility) since their daily lives, quality of life, and property_values will not suffer should this amendment pass. We do not have the luxury of maintaining a merely philosophical stance. We will have to suffer the repercussions of your decision. For this reason, when making this decision, we respectfully ask you to place yourselves in the shoes of the property owners, residents, and community members that LIVE right next door to the Quello property and all such historic overlay zones. Please think about what it means to involuntarily lose the ability to sit out on the deck during the warm summer evenings in the Tigard home you bought specifically for its measure of peace and tranquility. So that we might reduce the length of this letter, we will attempt to merely list the primary reasons why we fervently oppose this amendment to the code: 1. NOISE. The Quello's talk about"quiet garden weddings"yet our neighbors' testimony will unmask this consultant-created euphemistic phrase for what it is. A realistic assessment of the situation necessitates the observance of the echo-effect of the ravine that exists in between the Quello properties and those of us living on SW 93`d. Sound is magnified to such a degree by this ravine, that we can hear the Quello's sons' every word when they're in the backyard playing croquet. Elimination of a disc jockey at weddings will reduce the noise but will come nowhere near keeping it at acceptable levels for this • s • residential area. Laughter and talking of only 5 people is enough of a nuisance in that backyard, let alone 50 or 75. 2. CAVEAT EMPTOR&PROPERTY VALUE. Along with our neighbors, when we purchased this $175,000 home on this cul-de-sac in Tigard we did so expressly for its relative suburban tranquility. When making this biggest investment of our lives, we had full knowledge of the sounds that would emanate from Cook Park and Tigard High School. As an educator and an oncology nurse we value our privacy and quiet, but we also support the schools and parks as necessary and desirable places for the community. However, residential property investors should not have to anticipate the commercialization and commodification of a neighboring residence AFTER they have made such a significant investment. In short, your decision will illustrate whether or not the Council supports the rights of property-owners and individual investors and the responsibilities of neighbors in a residential community. • 3. REASONABLE EXPECTATION OF PRIVACY. Contrary to the carefully-edited videotape that Mr. Quello and his hired consultant aired at the Planning Commission Meeting, the Quello backyard looks right into our backyard and deck area negating our reasonable expectation of privacy. When the Quello's held weddings in violation of the City Code, we were subjected to wedding guests parading across their property and staring into ours. We invite any and all of the Council members to visit our property in order to witness firsthand what we are talking about. We ask that you support our reasonable expectation of privacy and decline this amendment. 4. THE QUELLO RECORD ISN'T NEIGHBORLY. Mr. Quello claims that he is doing this as a"public service to the community", but the historical record illustrates someone primarily concerned with personal finances and with blatant disregard for his neighbors. Lest you think this is hyperbole, please ask my neighbors the Smiths and the Manghellis to recount what has taken place the past few years. Mr. Quello's response to noise complaints from his neighbors was to continue to illegally hold weddings almost every weekend. It was only after he contacted the City and found out that a public hearing was necessary that he decided to invite us to his house to discuss the matter. Mr. Quello has threatened us with the claim that he would "have to lease out his property to develop an apartment building on his property"if we failed to consent to his scheme to commercialize this residential area. Now he has hired a consultant (after legitimizing his illegal wedding activities by references to the need to send his sons to college), spent countless hours contacting the Chamber of Commerce, far-flung "neighbors", and constructed a carefully edited videotape that would make Edward Bernays blush. In sum, Mr. Quello's behavior is anything but neighborly. Our apologies for the length of this letter but the very quality of our lives are at stake. As a college professor at PCC Sylvania, and an oncology nurse at Providence Hospital, we recognize the need for compromise and for service to the community. However, we also recognize the need for a measure of peace and tranquility in a residential area. We are not wealthy and our home represents by far our largest financial investment as well as a place that we do a great deal of reading and research for our jobs. We love our home and the • neighborhood and we would hate to have to move because our quiet residential neighborhood was turned into a commercial area for parties and transient"guests". Please think about how you would feel if your immediate neighbor was requesting to hold weddings and/or opening up a commercial B&B in your own backyard. The summer is short enough for those of us in the Northwest, consider what it would be like if you couldn't enjoy your own backyard and deck because a"neighbor"decided to hold large parties 6-12 times during the summer. Please vote FOR Tigard residents and the community and AGAINST the commodification of suburban neighborhoods. Sincerely, Lawrence Galizio& Elisa Engbretson 16455 SW 93`d Ave. Tigard, OR 97224 639-9276 S • August 8, 2000 Tigard City Council RECEIVED C.O.T. 13125 SW Hall Blvd. Tigard, OR 97223 mob 11 2000 Administration RE: Quello House Dear Sirs: It has been my pleasure to have been acquainted with the Quello family for about 10 years. During that time I have been a guest in their home for several private affairs as well as a wedding reception. The Quello House sits on 2 plus acres of beautifully landscaped property, is itself a handsomely restored Victorian farmhouse, is on the National Histori- cal Registry, and has been awarded "The Great American Home Award." It is unique and irreplaceable to the City of Tigard. Situated on 92nd Avenue, the road to Cook Park, and across the street from the Tigard High School Athletic Field, the neighborhood has been sub- jected to the congestion of the balloon festival and now a carnival and, of course, ball games and musical festivals with accompanying lights and noise. These are happy events, but do create some confusion as a natural result. I understand there has been some complaint about the sound from the outdoor weddings, and some of those people wish to deny the Quellos any business activities on their property. Having attended a wedding and reception on the grounds of the Quelio's home, I feel qualified in saying it was in the best of taste and certainly would not compare in disturbance to the neighborhood with any of the above mentioned events. The Quellos have indicated a desire to use their home as a Bed and Breakfast. I would feel very happy to recommend it to any out-of-town visitor with the enchantment of the home and the charm of the hosts. There is no reason why a Bed and Breakfast should in any way be a disturbance to the neighborhood. I would implore you to make no decision on allowing these activities until you have toured the home and grounds with the Quellos. Sincerely, ( Barbara C. Smith 16919 Lakeridge Drive Lake Oswego, OR 97034 (503) 636-8937 ` '� RECEIVED C.O.T. AUG � � �O0O ��� � � �"�~ Administration � � � ��-��'1 v� u� 7:71ialva-�- ` ' K� � /° �� , ' �- . m-�,�'' ��_^.,_�cer�-�=�`^- -_=- �-,-=~_�'---`�---"-'--"-� oa,vd____ / ota ,j(2)1a<>-) o172.a, f-c, 7*- _ _ d�- ° --_--'-_'�-=« ~-� _�"~^�'^��~-~=._"�� �x�� , ^� � ' �.~m_��vn'•7 E fp r.ecoc.tp Ow fr 57671&_e_ drt_A irf) rei-1)7 te--; rjr 717 CI 1w4--Ae- .41 7‘i) lit{ lex 6,-_2/1/ c: 1/ . ' -- -- -- Say)-- & avid- - - v�^ � ^�' ~4��n ���� � J «r - _'�������~»u�=� ��uAt �-----'----- ttyvyy - - -- ---' '- --------- --- - -- ---------------' (O/leeci � ��r�~ ���K����[�^-_,-� • ti it tgq CI Z10 s. ��% U/� �, - FECEIVED C.O.T. � J � AUG 1 L 2400 Administration ife2, yytmttdoi, iyeLy-Ank U;1„ 4: Qusab-41 , ,1-b-L 12 it (rail- + k/f„t, , w e dd, . 410w--e, mrwe%, e,}1-S2--9'L4A-A-4) (11;v:JA 6r ,efLt „ I --6J1/4JA-faz,z( -/--a•(± ---r/(fa A--Yytia./Lo p--12-&16 114 zYYL--6-ek_,awe-�,,, ,.t.(a„•le 1 Akii/L -4(1Q / 1111 • 4 Witt lei__ t/j/ /C(Lir VIC ,67/ CCgt Actk • • • RECEIVED C.O.T. AUG 11 2000 Administration July 13, 2000 City of Tigard Planing Commission Attn.: Julia To Whom It May Concern, As Center Supervisor of the historic Jenkins Estate in Aloha and Fanno Farmhouse in Beaverton, I am writing to you regarding the proposed usage of the Quell$House. The west side of Portland is in desperate need of wedding/garden party facilities during the summer months. Our facilities are booked a year in advance and there are no options for such a site if our locations are unavailable. It is foolish to send the community to the other side of town so that they can wed in a garden setting. In addition, the value of restoring and utilizing a historic facility is significant when you consider how few historic places are available to the public in any manner. An opportunity to visit the Quello House as a guest is a chance to step back in time and appreciate an era we no longer comprehend. My family and I are also neighbors who live three houses from the Quello's. I cannot imagine what concerns there would be by allowing these types of events to take place in their home and on their grounds. Parking is a nonissue as there is more than ample space available to them across the street. Noise ordinances are in place that would preclude them from being a disturbance as well as the self-imposed limitations they're offering. 1 would like to go on record as supportive of their venture and also applaud their desire to serve the public in such a desirable manner. Due to a lack of funding, much of the preservation and restoration of historic facilities has fallen to private individuals. This can be very costly and time consuming. I admire their willingness to share their residence after doing so much to see that the residence was returned to its original elegance. Sincer`y, J 4.1We , Debbie D. Scho 9023 SW Waverly Drive Tigard, OR 97224 • • RECEIVED C.O.T. AUG 1 1 2000 Administration 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property. These weddings have not been any bother to us. We think they should be allowed to continue the weddings. incerely. iir CALL il&-0-4 Dan & Candi Mitchell 16585 SW 92' Ave Tioar,4 nr.ns n Q7Y)d • • RECEIVED C.O.T. Date AUG 11 2000 Neighborhood Petition Administration to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone -r/qd.s d 4'7 2,Z' 1st 0cJ �i.-� '` 6zo `r�9 P9 #646A0V,L) II Q akvcif r 1o1zs 5,� ,niV,eflbc \3 �o 1I ' 13 'r\ 11 clARO , er) `N -S-1 o g t 13t P°!Z aSi`le Y • et • _VSS I Co Coil boh 970-G1171 • NW SL) l w g \WS/bv) l('>4/ ( - °177-D 3 5q <Z C1 3 61 S✓ 5�-. .2r#- 06 A' I _ S 1-f `1 P. 9'1 z ka a. 7(o3b SW Fits Iç'Ev,N Rt A-N `-" Co b (39 -1,12`, t � , p °� 2�.3 bObbie-Sf--hD -, (40. 3 St,p (,uav'.evty by GO Fe. ene;nl 6sIctie Ge er ' (G2 (11224_ to) (04D-- 3855 A(2-( 0 s-AL. i r" more fact ( i 4-"i es to ac G c, c(o'-c i�ec p ri vafe Soc • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quell° House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone /51744b --- )41.4679k-) ( OciV 76a- r &,;et —6 cf 7 I&Z§YN i a 7 s- 1-9-(1_60 6e-e.t.m-eb 6q0 - 3 L LEu rJ‘,..S ) r- ( k-0-f 11-f-ov,1 4cr-wheo / S ,SLO 7-66 z a 71i/6 L61 kc- t j, -1-f • • N Date ______ --_-_--- Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Et Breakfast facility. Narne Address Phone 4/47.441 11 �- 2-4f ��gets� 77.ea„- , 2 El ? 94j&.tiwI1 Itees s- ?1640, aedir y ev yi, y e# , 164"*.. 141#14P pity, 34) Apoob rrni i cix ?mei (044".54/W ,pa. ►- )„(,o s w 64%-,ra mod-, s Z d44-- vc)-t-ri?r 100 r(-e-e w0044 6;Z'7. 7- 2 7 7 Z., /A/A07/--/-, ccc- ) • Date ___Y1114_00 Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Far Breakfast facility. Name Address Phone KS*CUY6, i 57q'J 5W Se a. Ct VULVA - -- i g77-Q 6X-6r65 t'-43 v: < i\Stl kko LS afita, -c‘blowd , 5Z/A -33 .c), Xa:riLpirsh,44, /2 Hz L.9/0 g7aDe ea a rne y 1r. ; o 3 Jul s Li ()tit) f rkCeN 0-0-Y -0 0�— —c . A pit ct-I-Le 670 7145S( 1/ 6 (Z 7}-.) qa,z_ liar ,fikfink2-(Diliv61/1r-uy 1 S rJ SLJ; 1-,,..cat.\-\tix Mk 0\7 (0 61,t --‘ 036 • Date — Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone Ni L-o 1 1 184-0 .5In! S1wNmcrc,reS '*ro b q_Z2 3 Dr, S-90 - 3,27.c.9 • VC•\1-,e, Ot'47 6.7?- (sos)G7-0 -o-‘7-6-7 1t S ) P *rad .. � ' i 5-03 5 - 4-27j3 411-P- 1 s �/ c)(- o3 _G 2--o- F)0 (-) 50)0-tarcti c, t op 0_ ciida-t 503- Cow- Ilkki c` Lic,3(5 g 3 S7c J . fr• 1-Vi << SQ 3 _ 6(vE3 k,r;K Pe itve 503 - c5 � ‘,(`,lo,„ ai d q' Ict • • • Date � _ _ Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed & Breakfast facility. Name Address Phone cAAJ IVc Aair gear Sw Dig/ ci G (}' Z - 0ss/ c` JocA/ ce4 5 7/y6 WAI\) )(1)4N4 1/13"`"e' _ ' 455y:_, q • { f T 2 9g 'C?O @,to. efiai rdi a 60,1- Z8( At4L, Itasi ett --- 6.1/016o0/d . 07 br-- IL 60,6,, 69nc-io 1 to-o sc�.� +-isc_ct- r rol acAmvx oiz 9--)22_q 908- ^loo_ OL sw --rig a► sfi 1<osl, Gtk c o `-H girt O . 9-72z3 670— (-19L97 1165-6 5,4 sr um (i prito o 7zz 3 570 - Z6 3, L • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Et Breakfast facility. Name Address Phone sf1- 240 /3- * Sin chl/cht`e 1/ 0 -1 ,n7 Ste ./t t �.� So vi S 233' 4-&` Z30 ��`� z Hi-t- c-Loc Q1 -7 - 3_31_ -PrrliK 1 511 We rTvr(A74-1t1 D - D& pit4 04 TIVIP /....2.47 Le-44/i); rfty;e----/ 0,e 12 433' 7 S&4 /" n y> . 7 5-e)� JO N; (S9311 Tt-Tivd OR- queq yozo sw Tf(Al51— -5s 15775 SW g I/6 i Sf1 )Ccu, .1 "Take' q t y • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone l5 010 Sw w fstticl9t for. ;emu 3who . 5�q ?)o3 J T,C�a,rol, of - 9-7223 jal+5 ski t 23rd c,t kico\e,\1■)-63.4) (Trd, Ofd 67223 5-90- 21 7 1-132 'c1 c5W kZ8fih &VA) Ave- >>Qo`re\ 9722 J y 1 -76203 z J - r,cic rich htank-, 8\itQxu-). 0425 /01 (f St j ci_0,0000 J ..)A^1 S ' ��7 off- q1 -z.-3 S-(0) ot s--13 r 074- 579- I Allyson Palran !1575- sry i errci c e ;ra 1 Is t�k-. "Tigard , zz 3 &7-0 - 2-2A8 jtA. r71,1 izmv1 !2 Lf v SGvi 3fht)v/zc/,Gt- rltIfnc 612 , 1721, ,5 1 • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 1158'4 Kemmex- \hew Gaurt �1 e H eRO N wave -ton,ol; cricCE i�Zs3 �w c �\,, pT CQc-t L \ 1_69.0D 5 ,uS 0k-6)-46A-13k (NAL-01 ) Y !Cl 6j\)± 0,lam'= C)4 ctaky6-- a/Cc* c( c-1 ∎,4Ocj_ (ro-v& dfLA I I S(, SL Qctrc.LIOna trial( bk - a(- q9-60-1— �t�cV K� , • 13z (.v ct, 6,/ e,„ o, gYLK,44)1cgt-Ltil-z C,,2_0-2(40-5 xa0 `74 ( � 7MAI,S 441 NW avd..et'ee' 61" 743- 6/Sf g Dr) 77Z2y • • Date _ _ _ Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 47-11 SC° CA igf_t..e 2s6 Cgs / 19 itze3 icte.0 isp.vjc:)\/4 ) i2So 9086 /V (A) K4rviey 4t S IA , S fb f a 71i 5 .raf fcLue,i - 97,,741 14610 ao ciV" 1E (,,20- 613 39 ao ap u ktir14)12'fN L tAAst, Ttir-6 P, au\oi � ©Y . �z z • J • • Date ----- Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone $h icet=r1-% 76� 5 W 2 u a-j j cf'- Co 442 --eL7� r+- ,WkT4' /133 S _2</e7— y Z 2 S- /9 -7/4..j z)n �y? 3?c=.Qti! 41"&1(1) Inc7 / JU vi' CL � 97i ( 3S MA) rruFitscz lh �- - x3,3)(69 -sceT7 mcvimmvii 1cii2s urt N-cto 1 / Jo ucL, , Vaoro ) -79 W ' o u (Z-o_ GcLii � r � r 0.63q -v fir- 6-4> '-fig er-� i3gt-ati Jo(„67 ,L) kt 1 40/ ,V41 Ot)J 7Z. trykrioi( • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 030 h-Y,Iftt S , 6� Ib �U� 74\41,b . ),AtirAlv Vic27- /7; o k,/ g pgb/avt , (� J ,i. 44' Ms.Debra Walsh ) 7&23 SW Tournament Ct PCTA Wilsonville OR 97070-9451 ✓cJ �)9 U S visit us at www.peta-online.org 570 --- cv--5 (--fcLecti-ik„ o-1 . „,' -q-631 /8s-s6z) 7 r pry - � ,/2 -973/ f2 _/z 9,7.'67 �`` ---q pad 7o9z\c.u) • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed & Breakfast facility. Name Address Phone 9etr: 1_,2r* j1 A X4/77 sh> ,/' Jk 5,5-7337 tk. ��� cwt O. /4-w '.14A-'r( g -xdy jar tyitrat4 /0C91.(A-A 6:?'1// Vi<3 I I (Oa AA6L C.-r-t);Aft/A5X9C -17.7:4:- 3z16 2A 5 Cap cce44. 4_ (V? ? po /J 02s--01 ,. Lckc, C “-uG ti'si 02 571fl `Qt o. .d - 4C)0(-A (\‘f VtafiA _ /- ° � -, o c2 9-7 hr� X m° Scv e r�,�,cc L1'.r-704, --2, ai/ut,* , • • Date _-- Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone SC- ) rj-'? Ole 9`;.P2.(4- r p -! 7a -/!D a • c(ONIV--.5ConA0V \--PO 1 q`1 A,44.n n ut 1I4 O(. C-17, zg Yoo 10 3 V72 1 1 ➢'Vag of i )woEMdGc c. 2 71 / 643 'h/f*r to 63 k(`-5 W) ausi/LeA tIceib315-0-a CV-, 710Vi *iI6 e 0 Q (oz5 r 3 b3t( • • Date - _-- Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone `AQ_ Cs ./tom - i' tYS 5.W. 111/1--- - 5-6303W g0C-fLickLL LeY" t f o i r n r n d , er_ 7---4701 S D writ"- LAP--- M 6 - -7;6,AaQ , 04, 4.4 ite,Aktutt, c, tcPs- � x c; IA ear 73r\ I. W 'I, AL 10315 SVO ('�OA 011a11.t Dr 00)-50b9 • Date _ Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 8g."2 S Sw Q, e(¢.c,3 foot, 503 t . 9(r9t cf‘)"1— A , - c.,,,c) 0((_ 9 -ia_211, 562(-730,v,if 613.5-.S` W ,3 y1owew Lo , 503 ` aro, OP 772 2 q68 - 730 Fd'3s 61✓ 8efl.f/ocw<r Lac cc, 3 (14e ktA P vp1d V? 97224' 9c -730e (I) u\PJe 5yo 46 N2- , St) —t t\-- _ ^vim 5(.6 — 25—C -ue// J C i (4.Cv(.,1/r v 7 (A)Pt /Vs - Abe1 (i/Claetp._ 50:01/-VE 0^ a ;reee--.e---c- 9 C i i 15-01ed sicJ - Q9--Q-L 1 °) 7C .sl- st_ 7 k = l ��y ,� Are.ire 4r 66 - :- yg� 10 4 i 0 Sco )/7-oc del 41---2_,----778ariic Ole `' '7Zig 6 �c( -2 cio R • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER _,1►►, CITY OF TIGARD Community Development Shaping Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, AUGUST 22, 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE ADOPTION OF AN ORDINANCE. The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP.: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay Designation —Citywide. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTI 1NY IS INVITED. ANYONE WISHING *RESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF-REPORT PRESENTATION FROM THE CITY PLANNER AND RECOMMENDATION FROM THE PLANNING COMMISSION, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. . FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT(503) . 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. -- -ry7 I City of igatd City of Tigard -9y2 �g � � ��s>.;� HISTORIC ZONING DISTRICTS N DAKOTA ST '> Note: Labels 1 thru 10 correspond to the numbering system G P_FAFFLE ST used in the City of Tigard's Designated Historic Sites Listing. Y. Q� RF�Ne _ _ t- ., v) o 49 3 �� WpINUTE ' �� • • /(� Si. h'(iN Legend I \ w p\� Si- /AZ)? 1 a Historic — Zoning — , Q •.� _ •� 4 -.%4 i' ""`"' p TiDistrgard cts • City Limits J J GAARDE ST ,, z 4' A_Ti .MOUNTAIN 'al 0 9 '` BONITA RD • Q 8 o ! ,c' z ,o ._. . 1� I BEEF BEND RD. 11�r E DURHAM RD i1 1? y — (---- —J _J / •\ DURHAM O Li n rn / O I / o i / r. .: • • MEMORANDUM "74 11 A, CITY OF TIGARD, OREGON TO: Jim Hendryx FROM: Cathy Wheatley V�� yC \( DATE: August 14, 2000 SUBJECT: Quello Jim, here is some information that was delivered to me by Mr. Quello for the upcoming public hearing before the City Council. Bill requested that Community Development staff review to determine if there are any new issues that need clarification or should be addressed and included with the information forwarded to the City Council. Thanks. I:\ADM\CATHY\COUNCIL\QUELLO MEMO.DOC • • August 8, 2000 Tigard City Council RECEIVED C.O.T. 13125 SW Hall Blvd. Tigard, OR 97223 AUG 11 2000 Administration RE: Quello House Dear Sirs: It has been my pleasure to have been acquainted with the Quello family for about 10 years. During that time I have been a guest in their home for several private affairs as well as a wedding reception. The Quello House sits on 2 plus acres of beautifully landscaped property, is itself a handsomely restored Victorian farmhouse, is on the National Histori- cal Registry, and has been awarded "The Great American Home Award." It is unique and irreplaceable to the City of Tigard. Situated on 92nd Avenue, the road to Cook Park, and across the street from the Tigard High School Athletic Field, the neighborhood has been sub- jected to the congestion of the balloon festival and now a carnival and, of course, ball games and musical festivals with accompanying lights and noise. These are happy events, but do create some confusion as a natural result. I understand there has been some complaint about the sound from the outdoor weddings, and some of those people wish to deny the Quellos any business activities on their property. Having attended a wedding and reception on the grounds of the Quello's home, I feel qualified in saying it was in the best of taste and certainly would not compare in disturbance to the neighborhood with any of the above mentioned events. The Quellos have indicated a desire to use their home as a Bed and Breakfast. I would feel very happy to recommend it to any out-of-town visitor with the enchantment of the home and the charm of the hosts. There is no reason why a Bed and Breakfast should in any way be a disturbance to the neighborhood. I would implore you to make no decision on allowing these activities until you have toured the home and grounds with the Quellos. Sincerely, Barbara C. Smith 16919 Lakeridge Drive Lake Oswego, OR 97034 (503) 636-8937 • RECEIVED C.O.T. AUG 11 2000 Administration 1TLiI..W.i.e/Y/14 )1r,#) 71/taf _ Pieiti2atif- / arm mt, 0 77ct a,ito zy bay-) oJca_ vkl) , 20,11-ici(- '71 &nal' ftv- ijeci reotAiiital-_-__ 4/0d el ay?64, ceet2. -iett ade WYklyi frj/f 1177)1 1-10'1'-?‘ fp, c oe doiA ti.adv7 - d maifovitaliewoft; t)e' ape i-- / rc Tht or jooci eMi& a/7'4-v frbf ceyyvii6.64--2/ -/7) irtvvvY1- • _ a2//ee,7_ ge-htc_Itheets _ , • 0 rbau.,,,,vvk„., 0 , , , 99 c3 2 2D S. 0 . Wijel.-i._ to, --1714,_. ) 0d- ' 7i ' RECEIVED C.O.T. o AU G 11 2000 - ---Di/-170\._ C' --L-z_, -. Administration 1-01, #Q, fok71.1-7y1A-K.L' ,9-tiaii- - .)pe-Q-k. 0.,„ A--vbei.,' vIoL_-L:0-151 AttlApt thig, iyeLicpiti-c bo 'Uo-t-- q; git.„0,-c-c-ko-e-_ patti, j-,), 9,t t, -ititASIL 4/tax& a, _IA.2w-Q- ki.Jx)-Q---AZ o,c,c.-6,41A-4-- cruk2At, ,,, `,"LciAL1,4:-J, VA,tr, ibu\-k .41of A‘clio-eA, pil_D-w_.&,i) P ' LI 4 (3-t ,A51,LAJ ' it I • ° 1 • t .--° 1/17{±k ‘r/A)C Af A ' ' fKIP-FleA5 litiZt' tIA,,t. C 7 ugaet,-.Q., )v.x)-)-e, / NA-. .-etie__ ite,v-t, .,krctiz;04.4-1,4 _12etuz 7v15LIAA_c_ 0-6 au ,a,A,Ax11,-.,,,L:, irp , I 0 __r_ _4 ,r 0 I ., 2I'L.1414_, I •r _A.443-0df f arliZeiL -t4Le A j.atijc- ! • ' f /' d-1--C11"1-: \ 0 •./et , .4. -bieuue 4_,01/44 id2A-V-ik r())7/ itk_43-6L‘t 1 e .> c ' ' I .)A C, — il , 'Wfbk • • RECEIVED C.O.T. AUG 11 2000 July 13, 2000 Administration City of Tigard Planing Commission Attn.: Julia To Whom It May Concern, As Center Supervisor of the historic Jenkins Estate in Aloha and Fanno Farmhouse in Beaverton, I am writing to you regarding the proposed usage of the QuellsHouse. The west side of Portland is in desperate need of wedding/garden party facilities during the summer months. Our facilities are booked a year in advance and there are no options for such a site if our locations are unavailable. It is foolish to send the community to the other side of town so that they can wed in a garden setting. In addition, the value of restoring and utilizing a historic facility is significant when you consider _ how few historic places are available to the public in any manner. An opportunity to visit the Quello House as a guest is a chance to step back in time and appreciate an era we no longer comprehend. My family and I are also neighbors who live three houses from the Quello's. I cannot imagine what concerns there would be by allowing these types of events to take place in their home and on their grounds. Parking is a nonissue as there is more than ample space available to them across the street. Noise ordinances are in place that would preclude them from being a disturbance as well as the self-imposed limitations they're offering. V 1 would like to go on record as supportive of their venture and also applaud their desire to serve the public in such a desirable manner. Due to a lack of funding, much of the preservation and restoration of historic facilities has fallen to private individuals. This can be very costly and time consuming. I admire their willingness to share their residence after doing so much to see that the residence was returned to its original elegance. Sincer y, Debbie D. Scho 9023 SW Waverly Drive Tigard, OR 97224 • • 0 RECEIVED C.O.T. AUG 11 2000 Administration 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. 4711eyRhave patiently and lovingly restored the house and the property adding value to all of the houses around it: We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. These weddings .Thepast two years they have been having weddings on their property. -.<x;have=not been any bother to.us. We think they should be allowed to continue the weddings. incerely. or . eibieL AGM Dan& Candi Mitchell 16585 SW 92' Ave Tioarii flrponn Q771d • • • O RECEIVED C.O.T. Date AUG 11 2000 Neighborhood Petition Administration to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed far Breakfast facility. Name Address Phone 1lgd4ee 4'7 ZZ�f _Azie,e-s. _/5.es140 6zo P9 4,46kZ9Q-1,&) ca u142-, ac- akty .4 u tot-Ls. 5%4 vtiVgboc k 1■ i 13'DvN -T1Me3D ec `i `S-►0 S 1• 130Z_ ..SW ash IPy Ct • ,� Z j a Cdioôi Ti rot I tr- \) JC'm 612-- orp-a-3 5-erq C36! St-) •5 - 4# I 1 e763b sw F 11� k'Ev, %I I3Ii•AAJ T rcoAiRD 173a3 6.39 -1,12.9 )1 letobte- hD g0a3 Sta 10au'e./1y b (00' 9-`7-71�enC�n Lsto .eerfteY.5 .p'" (OZ. �1Z2 L io) (04g-- SBSS ?N2_00 . ,Q ; -f& more- cacA ( ►t i eS to acco+ c( '-c Loccian pri vafe soc.ccl -c Rnckions • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone ?5.12,4-t, --- :3445-6/0 ()Lt x (Ocp-eb -(0076 . i - £r-to 1-9-9-6o I 6 4(za PL 6q0 - �z 3 AEA L to ss 1-240 ,..fw get/tA0, L,_ (" �0-f tit .' Et c t-fibe! �-' / a g a s 5L. ) Tao z r-:_-i2,o. /1201-e-r--4- re--,A .:: 14e,_,..,,,,, o 4 '2 t ik) ek ;t , 1 ,,-, r J� 1 r� i ss�� i� �' S 4�`tl "c� ?1 f ms's i . ice-- %ly, ..; , ii i / — r 1 ... �' t/}v 1-1...�,.. :,�t}•..-;�...-\;�,. ;L'i.F.` ' )mss;`.%:.'Z...J". `•+?-.. ,.r-, .' �i ... µ� !Y • • • N Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone *-4er �� Iry y ‘m-gg8 Es . 41 • • Ir ie !f=�� 1v • Qv � 1y 4 , r pk. . MM IS° 31) A giVIV rrfor OIR tnzi Ioatee A/W f ", 4 -`7 7- 277 //3/1-t -btx 1-°("IP 4 —r452- A6r/s07 lit • • • Date (4J IP/Uo Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 15-7q0 5tA) J2 Q. Ct 6/11\06-, kke/k- Icyorett 61-70-Q GPO-6465 A s-113 o . CWCA. ckyk•CcArtit 1■00kid , -33 ‘,G, Xa:7/U2-inSat,c-01. l J-/, q70 aVr e4J& y ( ,0_ 9190t/c3 171 3 L-1 OK) k t- 0-(fl1. - S-17 3fry 5-6 "1 612.112 - floor , Tqacril D 61^7214 V2D -404We S Ste; CoveeA -Vwvk��`v‘ 01). 0\7o (0 6ctl - o36 • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone &-rre R8-7-0 ,51.Ai StAmmcrcrc f °/ c z23 Dr, S90 -- 3� \\Z-Ne, 0'4) -V;���, c� g�2=� 11 l 7 0 S� Pp,(4-1-1 ace_ Lio JOA0s..) tJeti,ki Belp,...x.44-v-y\ Ott- q-700.-7 50-5 S-2_4-'17Y 3 �o4�d s Ct �cz t CIc ' 4/1-P-ur �{ l���o so3 _ ate- `7g/`1 460‘,L_ Bicx40,,LA Zoo 50.)C/1a/fail k -ri , OA° q' -f 5o3- �X-1I-�/ 57(-3 . AiN a fi1/1 s-63 _61 ,2__6 r,f 3 ry p -r 01(. ft14 PC-f 6cti 1762 b5-m aye 50.3 - agg --tutc5 et,‘"\,00.,v■ck/ o xr 0?01 lt. • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, 1 whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone SEA-sod #lio '.rta,L( ff ila s- Sc(-) L ; i W 2- - 0 ss/ V__N\-A. )435P, I 19 6 l'`) °J1-11 ( v/C) 6//' Be_ 9 ,23 TO <t°, efiuP. &1,'IL 60 z8y Tut, r emir TA ei 60-604; (2E7i 6„,o, L\ 0 FicryNer aeos\RoL Nodir- rier/ra 9-12.2_,U 08 roe i06231 I Clrd St I(N6s1. GwoJ co ` -i9arot O1 q1 223 rlb4b It( Tr prgo tin , 9-az3 57b - Z63> • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone Scc 21110 "V, 5 moPe arc) -? Pg9 Le SoLvitn- Z33`�a SE. 5114-" • 27)0 12. t e sc 7-4) sup + °-1 -2 7 - 3_3_1_ r41Yr f6119-1-er-A-- 11)1-(A4-irl nr_ 17 oo. , /04 (Nidel 5(A) 4/04044Y 5A-IY- ovt 1-1-00-q y ozo 5l/t) Tf k14151— �5��_ �lG ( kil Zr-` LLD 15775 5 tk CL Ski V . aki0 477 y . • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to . use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed & Breakfast facility. Name Address Phone 15(ogb sw W6-W(19-e trr-. 03 Amu 5winhoe J T ttrol o'�. c17223 +5 J ) l 23rd Ck ILO\Q,���Q I j O t� 1 3 590' •s/�ard � 22 6( r132 ° Sw \Z8� 5q a- 70-7 PV L 6V c\ 972Z9 I -7Z.PO3 � ) - r,c\erich ChaMn (A-719b Cl3(i-t Sri U . \)AA)S a� off- ��2 � �� WC0 //fit/ S4' 7-09-04-4x)16 Z't e 6regbli r,) 77e6 be- er7z S79- r&_yd A I lyson Pci l isan 115-15 snr Terra ce ;ra►is t7Y, -Tigard 0!2 41 z,23 4,2-d - jtx51-7,J j/ 12110 CA) Riot)/tSb- f,bP itt 6/1 Y1, 5 • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 115 Kemmer View cart heRiiN ?eaverton,ol; 9 1SZ6-3 6,W cricloz ecct2 1 < �`i- yc✓ OR_ 77. CtuALOIO, C)4 (-cS Lf3 (1 Cfat5T ir)6/COC cr\ cid&-- ‹ 7.. moyc, 15 t c(# Sw 1 rcdOnOt a tf 0i�oo-3— 13z (.0 SL V;I I Co/ c�.-.- o g../1-a(La 2--o-29 2,5 Oe 9`72.2-3 I ! !� :"�?+' i r ( vrie r /X1A-AS (;4 I /V w c t : leer E -- (PO6110469/ 40fr 77Z2Y 743— /S1 • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 174741 SCJ C'1 qc_ ,°C 4 ( G P 4) times NvJ isA jo y i i.25-6130g Pot -ttwo oe- 60207 908 c N(AJ K.-e_Air vue y 4t S N $ vw p f+(.a4/ +-2- 2d , D� � � oq 7 11 dat4 1'01 fc,t4,t.0 q -7074 / 1 ciV fJE (ow- '1839 - d311/1 J qc 1 ocz cra24 3c,0 lx-cf\Ao cm Dr TIT4Nth, --7,?-oti (c) (1 t coo 5W. &All 6 I io .ko\0 ©Y . 2 z 4 _ 6 2e) - 9 • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone S W ZurjGi CI-- er,v4e �� T� fa 3-3 IA/ 41. .f in/berDot-v5 Pk_ 6 file m/mu vi c — IXV/g65) C(31 5 A' (knta-xir?)bsgk-01- 5-0 )W9 --cs??7 mc. PVi' ce/72/28- /c ao 501 itatua 'Am T ? �alfirn tr. , J2_ (J',carK I 79(A/ w 1)001_,, • czo- G94 ) . spa, IANI, q63-7 tA-0.k5s-vok- fates y(JL) f Rt► / 1•/'1 1°1/4 7Z �I at1 jf,(4itf of ,c- ' . . • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 034° S it0 SIN 6 - Ib 50 "AN-k, - 1-411121\7 I 1j trd 61( ,) / / f, k0 c 5. rte/ / Q �- ii - - ' i 7/ V i o.A ci , 'N/ • / I, J . ./...2f.71:_e_e_T ,-Pla-202---- Li r//, _ ,„ if !AO. . _,%______, ,_ % 7_,_. /,-,1,-,.,_,‘ ,--(si% d • Ms.Debra Walsh ®'4 7823 SW Tournament Ct . 1,n�,� 0)96.5 !Pt'TA Wdsonvlle OR 97070-9451 9030 IJ visit us at www.peta-online.org 570 -- ->cj c l'23ccc Tucvc14 ' 11 r ucC� t��, - s Cal D' ' -�1 `"� g7Cx/ ,,mss-sue 7 y/.4r ,/2 - j.. /ItVi ii .?4,--. --/77,41.749.-a 91,z9‘? 2:11(e-::-I-S17 pad 7 Av v • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 9/kr- ZI717A1‘. l q�G ,51.6) J� .x6.7337 -72,1=-)ae ke 9-6v Ittro &01.1107 -7,Turd , (1 -7o-dy )y, -7 ''rte cu �i (.-- 11 119.M I U tle 'ate Sc/0- 3zik Qm stems AR Po fox aS'of 41. 7 Le(cce ��� rl;s o' ,?2] Qt Os 5o0 3O0� t 'sf\ Von,A , t 0 Q 9-7 i<zp Q?2o S ' 1'6(.4ilrn g-704, -- • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 65-tyd u I ?v t /t7 a T. çab'I1 1 nut 114 dr. G7 Z3) goo In V7a • 4 '•C-Q1ar AZiket- i )vO ldc.( ( 2 - 1 60 Pv.)w Wfikt-1 M1NA0e 63151%) ( 5 . 3b5. Ierw�o C ' v-19-to v/ 0 eon c 00_ &2-S 303(1 • • Date Neighborhood Petition - to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone c11,4_ (p-v1440, HYS6 5.W, 1,411174, - . 11\-1,41--- gtp_j_exs CrtokluA c ktU� tpt _may', _51303W OCkkax_ t I t9_SOthirn -fn , Or_ 9"wo s-c2-3- 7- 9.-c- At&-v-e•fi- e't-A S ADSwg,c APS- M' - --1;6A29 , 3L 4,t fCe, out-- ,� tC S` Qz� 10 31S Sw C')9 LIA O✓ant D r :/ r UO b9 • .. • • • Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone Zs=g2 S SW 0,6G -e.- - S03 ‘\ 1 4 9crsi (4.)- --- c\c,J oi(( 9 ia_2_Q_ 56y--)3011 s53.5--.s.W ‘3, f(ow�( t o , 503 ..-'` i aroP (/ P ? 72 2 ' '6 ; - 730 ' 1)(y35-- ski -841 Lcv»c c o 3 ' L4e W p 12? 972.2Il 9c -7 30d_> TA-\ \ J S � /OOL 46 \ 2- \ Su + 0 `i- 34, ;5 — .25-0 -c<.i gdititie 4 (1/6e, 50 0 i0 E t/ ee"-.e-_c-- 9 al /soled w �1C. �-- s 37• i /4',C/let/1W 0 Mill" _ /2'7Z-y ,v /d7arr`ire ,fir 6s- ys� ieg � , qt0 Swged'- ,jc _ 4//- _1 d - -4 ct C 0. -' /zic/ 6 . c( - • • Or ztAO-I • • Agenda Item No. 4 / Meeting TIGARD CITY COUNCIL MEETING MINUTES - JULY 25, 2000 • STUDY SESSION > Meeting was called to order at 6:35p.m. by Council President Moore > Council Present: Council President Brian Moore, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Police Chief Ron Goodpaster; City Recorder Catherine Wheatley; Community Development Director Jim Hendryx; City Attorney Tim Ramis; Human Resources Director Sandy Zodrow; Senior Analyst Sherrie Burbank > Review Council Groundrules Bill Monahan, City Manager, referenced the changes to the Council groundrules suggested by Councilor Patton. He mentioned that, while most communities placed the Visitors Agenda at the beginning of the meeting, many have discussed placing it at the end, in order to facilitate the meeting flow. He suggested that the Council hold the citizens to their allotted time under Visitors Agenda. If a citizen or a group of citizens raised an issue on which staff could report back later in that meeting, then the Council could add that item as a non-agenda item for discussion that evening or for scheduling on a future agenda following staff review. Councilor Scheckla suggested that, when possible, the appropriate staff person could talk with the citizen in the lobby, so as not to interrupt the flow of the meeting. Mr. Monahan indicated that occasionally that might be possible. He said that staff would bring back the groundrules with Councilor Patton's changes to the next meeting. > Review Benefit Recommendations from the Management Classification and Compensation Study (See Item 3.3 on the Consent Agenda) Sandy Zodrow, Human Resources Manager, noted the recommendations per Council direction. She confirmed to Councilor Scheckla that this was not part of the TPOA contract. The Council had no questions. > Ballot Title Language Tim Ramis, City Attorney, reported that he adjusted the ballot title language to comply with the word limitation. The Council had no questions. > Administrative Items The Council discussed the designation of athletic fields in honor of Jim and Dave Nicoli. Mr. Monahan referenced the draft resolution, asking for Council feedback. Councilor Hunt questioned why"Addition"was in the suggested name"The Nicoli Brothers Athletic Field Addition." Mr. Monahan explained that he thought that would clarify the location of the fields in the Lamb-Gray addition to Cook Park. He noted that the Council had not liked the word"complex." Councilor Hunt suggested naming it"The Nicoli Brothers Athletic Fields." Council President Moore questioned "Nicoli Brothers," as there was a third brother. Councilor Patton suggested naming it the "Nicoli Athletic Fields", and then adding "Jim and Dave." The Council concurred with Councilor Patton's suggestion. The Council directed Mr. Monahan to return with the final resolution on August 8. Councilor Scheckla referenced the bond measure ballot title language. He asked why the interest amount of 5.1% was followed by a question mark. Mr. Ramis explained that the dollar amount of $20.836 million included the projected repayment estimate. However, this far in advance of selling the bonds, the bond consultants could not know what the actual interest rate of the repayment would CITY COUNCIL MEETING MINUTES —JULY 25, 2000 —Page 1 • • be. Since the public was entitled to know what interest rate the City used to calculate the repayment element of the bond (so they could decide whether or not it was a realistic rate compared to the interest rates at the time of the election and the probable actual interest rate they could end up paying), the City included the 5.1% figure it used, followed by a question mark in order to highlight that it was a preliminary and tentative interest rate. He emphasized that the language complied with the State statutory requirements. Mr. Monahan asked if the Council wanted him to notify the Nicoli family that the Nicoli Athletic Fields resolution was set for the August 8, 2000, meeting. The Council concurred with notifying the family. > Trust for Public Lands grants Mr. Monahan reported that the Trust for Public Land's grant applications with the State Park Department for the Bond and Stanley properties were not funding. He said that staff would find out who received grants. Councilor Hunt mentioned the $100,000 from the Parks Department that had been part of the same discussion. Mr. Monahan said that Council had not liked the option of deferring $100,000 worth of work on trails and setting that money aside for acquiring those properties. He explained that staff left the $100,000 in the budget for the trails, once the Council agreed that the Trust for Public Lands either provided the $150,000 for those properties or the City did not accept them. Councilor Scheckla asked what happened if the Trust for Public Lands returned to the Council. Mr. Monahan indicated that the Trust could very well return to the Council for support, as part of their job was going around the state, identifying properties qualifying for grants, and trying to garner local support. Councilor Scheckla discussed his annoyance with the Trust continually coming back for properties to which the Council has already said no. Council President Moore pointed out that, last time, the Trust's proposal involved no City funds, as the Trust was to supply the money to purchase the property and then donate the property to the City. Councilor Patton concurred that the Trust's mission was to keep coming back to jurisdictions with property acquisition suggestions. She spoke to the Council looking at the Trust's proposals on a case-by-case basis to see if there was any benefit potential to the City. > Home Occupation Permits Mr. Monahan reviewed the letter from Sherene Walker with respect to a home occupation Code violation that ensued when the City took over the service of the unincorporated area. He mentioned that Ms. Walker has been very cooperative and intended to present a proposal to the Council during Visitors Agenda about changing the requirements for home occupations such as a piano studio. Mr. Monahan recalled that Tigard implemented its home occupation regulations in 1983 and revised them significantly in 1989 in response to the home care for children issue. He noted that if the Council chose to change Tigard's regulations, the changes also had to be adopted at Washington County before they applied to Ms. Walker's property in unincorporated Washington County. > Quello Letter Councilor Scheckla asked if staff replied to the letter from Dan Quello. Mr. Monahan said that Mr. Quello converted his historic property to an event center, which he rented out for weddings. He noted that the City did not allow outdoor weddings or amplified sound in Mr. Quello's zone, and cited him upon neighbor complaints. He explained that Mr. Quello expressed his frustration with the lengthy Comprehensive Plan amendment process. He mentioned that Mr. Quello has been working with a professional planning consultant for six months. Mark Padgett, Planning Commission, clarified that the issue was a Zone Ordinance amendment CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 2 • • to change what might or might not be allowed in historic overlay districts in the city. He explained that, although Mr. Quello put his property on the National Historic Register, he did not have an historic designation overlay on the property. > Agenda Review Mr. Monahan reported that staff has reached an agreement with the Tri-County applicants to set the appeal hearing over to September 12. He mentioned the possibility that staff and the applicant might work out the remaining staff concerns, and the applicant would drop the appeal. Mr. Monahan mentioned the update on the process to fill the position of mayor. Councilor Hunt asked how many people picked up packets for the Councilor positions. Cathy Wheatley, City Recorder, indicated that between six to eight people picked up packets; three people were circulating petitions. Council President Moore asked if anyone was interested in attending the dedication ceremony of the Tualatin Police Department on Friday, August 11, at 2:00 p.m.; he would be out of town. > Council President Moore adjourned the study session at 7:12 p.m. • 1. BUSINESS MEETING L1 Call to Order- City Council & Local Contract Review Board Council President Brian Moore called the meeting to order at 7:31 p.m. 1.2 Roll Call Councilors Paul Hunt, Council President Brian Moore, Joyce Patton and Ken Scheckla were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA • Sherene Walker, 14973 SW Rosario Lane Ms. Walker read from a letter. She reviewed the steps she took to obtain proper licensing of her piano teaching home business at the County when she moved into her home 10 years ago. She noted that the County referred her to the City but City could not sell her a permit because her property lay outside the city limits. She mentioned that she had had no complaints from neighbors in the past nine years. She indicated that two weeks ago she received notice from the City of a Code violation: she did not have a home occupancy permit for her music studio in her home. Ms. Walker stated that she paid the $883 plus mailing costs fee for the home occupancy permit, hoping to get an exception that would allow her to keep her current number of students and hours of teaching. She mentioned that she was the immediate past president of the Tualatin Valley District of Oregon Music Teachers Association. Ms. Walker reviewed her research on the requirements for home businesses by other jurisdictions in the area. She noted that the requirements ranged from nothing in Newberg to a $65 per year business license in Sherwood and a$25 one-time home occupancy permit. She said that every one of the six surrounding jurisdictions stated that they had no limit on the number of students allowed per day. She mentioned the City of Gresham's new home occupation ordinance, which addressed the real issue of parking (as opposed to the number of clients) by requiring two on-site parking spaces. She noted the West Linn exception for music teachers with respect to their limit of five clients per day. Ms. Walker described the minimal traffic accessing her business, noting that many students rode the bus, walked or rode bicycles to her home. She described how she structured her business to teach three long days per week from 7:00 a.m. to 8:00 p.m. in order to accommodate the Tigard-Tualatin CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 3 • • School District school and after school activity times. She discussed the special events she held during the year, including piano parties and an adjudication hearing. Ms. Walker discussed the vested interest that the City of Tigard had in providing home-based musical education for its children, especially in light of the diminishing of the arts at the schools. She mentioned her concern that she and other music teachers would have to move from Tigard to other jurisdictions because of the inequity of costs and the limit on the number of students. She cited one teacher who has already moved to Sherwood for those reasons. Ms. Walker asked the Council to consider exempting music teachers from the costly home occupation permit, as other jurisdictions have done across the nation. She asked the Council to revisit the City's home business code and fees, as Gresham did, to develop a more equitable system. She reviewed the three changes she saw as necessary: to require only a business license, to adjust the time limit to 7:00 a.m. to 10:00 p.m., and to have no limit on the number of clients. She commented that she has not mentioned this situation to either her students or the district teachers, in order to avoid alarming them, but if necessary, she was certain that they would be willing to testify. She gave staff a copy of her research. Ms. Walker confirmed to Councilor Hunt that she paid $883 for a home occupation permit from the City, and that all the other jurisdictions had fees under $100. Ms. Walker confirmed to Council President Moore that Washington County had not mentioned any requirements for home occupations at the time she called them about a business license. She said that most recently, the County staff told her that she had asked the wrong question in 1991; she should have asked for a home business permit instead of a business license. She indicated that she had not been aware that the City had since taken over the responsibility for the urban services area. Councilor Patton asked what triggered the citation. Ms. Walker reiterated that in the past 9.5 years she had had no complaints. She said that in the week before this happened, she had installed an air conditioner. A neighbor called the City to complain about the air conditioner, claimed that Ms. Walker's deck was too large, and asked if Ms. Walker's music studio business was legal. She noted that the City staff found that her deck was grandfathered in, as it was legally built in 1991 according to the Washington County standards. She observed that this did appear to be a vendetta on the part of the neighbor. She emphasized that a limit of six students per day severely restricted her business. Ms. Walker concurred with Councilor Scheckla that the deck had nothing to do with her piano . teaching business. She explained that she applied and paid for the $883 home occupancy permit within the 10 days listed on the citation in hopes that the Council would grant her the necessary variances to allow her to continue teaching. Jim Hendryx, Community Development Director; explained that the City did not have a business license; it had a business tax based on the number of employees. He reviewed the purpose and requirements of the two types of home occupancy permits. He noted the City Code limits intended to minimize the impact of small-scale businesses on the neighborhoods, referencing the limits on the number of clients and on the hours of operations in particular. Mr. Hendryx stated that the County established the one-time $883 permit fee, adopted by the City for the urban services area; the City's permit fee was $545 per the Council policy of some general fund subsidy of fees within the city. He pointed out that the Tigard Code was silent with respect to the type of use; the limitations applied to all uses. He noted that traffic was an issue of concern in the neighborhoods. He described the procedure to change the Code, stating that staff could return with a report in 30 days. Mr. Hendryx explained to Councilor Scheckla that the State regulated home daycares, not the local jurisdictions. Mr. Hendryx mentioned another option of a community evaluation of the program, similar to what Gresham did. He suggested taking the question of whether the City could exempt particular uses or CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 4 • • re-evaluate the whole program out to the community involvement teams (CITs) for input. Mr. Ramis concurred with the approach suggested by staff to review the Code. Mr. Hendryx indicated to Councilor Scheckla that the Council had the authority to waive or to reduce fees. He noted that the policy in the urban services area was that it was supposed to be fee neutral (the City not subsidizing the cost of processing applications in that area). He confirmed that Ms. Walker would have to pay the business tax annually but the home occupation permit was a one- time fee. Councilor Hunt suggested that the Council allow Ms. Walker to retain her students while the City was in the process of resolving this issue. Mr. Ramis indicated that it was not unusual for Oregon jurisdictions to refrain from enforcing a citation while the applicant was pursuing a regulatory solution. The Council agreed by consensus to allow Ms. Walker to continue her business until the Council had an opportunity to revisit the Code. Mr. Hendryx indicated that staff would return with a report in 30 days. Councilor Patton commented that Ms. Walker's research indicated that other jurisdictions have been re-thinking their home occupation permits. She commented that,,given the number of years since the City has looked at this issue, it would be prudent to look at it again. 3. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Council President Moore, Councilors Hunt, Patton and Scheckla voted "yes.") [4-0] 3.1 Approve Council Minutes of: May 23 and June 13, 2000 3.2 Approve Police Department Training Request: Criminal Intelligence Analysis Applications Course for Microcomputer Technician Brenda Abbott 3.3 Adopt Benefit Recommendations from Management Group Job Class and Compensation Study—Resolution No. 00-43 3.4 Local Contract Review Board: a. Approve Purchase of Five (5) Police Vehicles from Gresham Ford b. Award Contract for FY 2000-01 Pavement Major Maintenance Program-Slurry Seal to Asphalt Maintenance Associates,Inc. c. Award Contract for the Construction of Fanno Creek Trail — Segment 2 (Tigard • Street/Fowler School Trail) to Andersen Pacific,Inc. 4. PUBLIC HEARING (QUASI-JUDICIAL) APPEAL OF FINAL ORDER NO. 2000-02PC—TRI-COUNTY CENTER ITEM ON APPEAL: At the May 15, 2000 public hearing, the Planning Commission approved, subject to conditions, a request for approval of conceptual plan review for two alternative designs for new construction of a shopping center as a Planned Development. OPTION 1: This is the proposed new construction of a 297,179 square foot Shopping Center on a total site area of 27.33 acres; a Lot Line Adjustment to reconfigure the existing parcels to accommodate future ownership, and Sensitive Land Review. OPTION 2: This is the proposed new construction of a 330,312 square foot Shopping Center on a total site area of 27.33 acres; a Lot Line Adjustment to reconfigure the existing parcels to accommodate future ownership, and Sensitive Lands Review. A prior request for approval of a Comprehensive Plan Amendment to the Water Resource Overlay District including fill and mitigation of a portion of the existing wetlands was granted on June 23, 1998 and became effective July 23, 1998 by Final Order of the Tigard City Council. CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 5 • • CONDITIONS BEING APPEALED: On June 5, 2000 the applicant filed an appeal of certain conditions of approval contained in the decision. The specific conditions appealed and items to which they are related are summarized as follows: Condition#1: Overall Condition related to the Design Evaluation Team Option; Condition#7: Street Improvements to include the future Widening of SW Dartmouth; Condition#22: Verification related to any ground disturbances in areas of steep slopes; Condition#25 - OPTION 2 ONLY: Relocation of parking area near the bend of SW Hermoso Way outside of area of steep slopes; Condition #26: Provide landscaping, an arcade or a hard surfaced expansion of the pedestrian path along SW Dartmouth Street between the structure and the wetlands/public street; Condition #56 - OPTION 1 ONLY: Comply with zero-foot building setback standards for Pad E; Condition#58 - OPTION 2 ONLY: Comply with zero-foot building setback standards for Major II-IV; and Condition#73: Provide a public or private street connecting SW Dartmouth Street to SW Hermoso Way. LOCATION: The site is located on the south side of SW Dartmouth Street and on the west side of SW 72"d Avenue and is east of State Highway 217. The site also includes 6 lots along the north side of Hermoso Way. The site address is 12265 SW 72"d; WCTM IS136CD, Tax Lot 04200; 2S101BA,Tax Lots 00100, 00101, 00300, 00400, 00401 and 00402; 2S101AB, Tax Lots 01300, 01400, 01401, 01402, 01403, 01404. COMPREHENSIVE PLAN DESIGNATION: General Commercial and Mixed Use Employment. ZONING DESIGNATIONS: C-G (PD) and MUE. The General Commercial zoning district provides for the provision of a wide range of major retail goods and services. The Mixed Use Employment zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and I-5. This zoning district permits a wide range of uses including multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters and Sections: 18.390, 18.390.050, 18.620, 18.620.020, 18.620.030, 18.620.040, 18.775, 18.810, 18.810.030. Mr. Monahan presented the applicant's request to postpone the hearing to the date certain of September 12, 2000. He noted that staff and the applicants were trying to work out the details, which might result in the applicants' dropping the appeal. He commented that the waiver of the 120-day rule was in order. a. Council President Moore opened the public hearing and continued it to September 12, 2000. > The Council considered Agenda Item.6 at this time. 5. STAFF UPDATE: REGIONAL AFFORDABLE HOUSING STRATEGY Mr. Hendryx stated that Sheila Greenlaw-Fink served on the Metro Affordable Housing Technical Advisory Committee looking at goals and strategies for affordable housing throughout the metropolitan region. He indicated that Ms. Fink would present an overview of the Committee's recommended strategies. Sheila Greenlaw-Fink, Community Partners for Affordable Housing, said that she served as the non-profit affordable housing representative on HTAC (Housing Technical Advisory Committee). She mentioned the two years of work put in by the 28-member committee, composed of representatives from all facets of the housing industry. She noted that the Regional Affordable Housing Strategy Report was available in its entirety on the Web. She pointed out the largely voluntary approach of the Committee's recommendations. Ms. Fink reviewed the report's discussion of why affordable housing was as critical a piece of infrastructure to community quality of life as transportation and other infrastructure items were. CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 6 • • She referenced the historical data documenting what currently existed in affordable housing in the metro area. She referenced a report summarizing the Regional Affordable Housing strategy and defining what affordable housing was. She spoke to public policy addressing the needs of people (with incomes at 30% to 50% of the median income) for affordable housing, a sector seldom touched by the private market. Ms. Fink mentioned the frequent criticism of Washington County as promoting economic growth without the political will to address the housing issue, which economic growth substantially impacted. She noted the disproportionate distribution in the region, with most of the affordable housing in East Portland and Clackamas County and most of the jobs in Washington County. Ms. Fink emphasized the compromise nature of the report, noting the very divergent interests working on the strategies. She referenced a summary table listing the target number of affordable housing units assigned to each of the 24 jurisdictions. She pointed out that the 320 units assigned to Tigard represented only 10% of the estimated need to 2017. She commented that CPAH disagreed with the estimate, believing that Tigard had a 3,000 unit deficit in affordable housing at this time. Ms. Fink commented that the Committee agreed that it took political will and money to address the issue of affordable housing. She pointed out that the report listed possible strategies for use by jurisdictions in trying to reach the targets but did not mandate which strategies any jurisdiction had to use. She mentioned subsidies to keep rents at affordable levels for existing or new construction as a possible option for Tigard in reaching its target of 320 units by 2003. Ms. Fink reviewed the findings of the three subcommittees, which examined specific aspects of the affordable housing issue: Cost Reduction, Land Use and Regulations, and Regional Funding. She discussed the jobs/housing imbalance in greater detail. She argued that people not living in the community in which they worked affected the quality of life, citing a reduction in volunteerism. She reviewed the work Tigard has done to address the issue of affordable housing, including the adoption of property tax abatement and the development of the Housing Code. Ms. Fink mentioned deferring SDCs and permit fees as a reasonable strategy for Tigard to consider. She commented that the high SDC fees in Washington County were a barrier to affordable housing, which was not cheap to build. Ms. Fink noted other regional issues discussed, such as local government/state coordination in funding and regulation, land costs and availability, offsite improvements, regional coordination and regional databases. She discussed the need for a certain level of flexibility in a jurisdiction's application of its Code, land use and zoning requirements. She commented that without variances to most codes, affordable housing was not feasible. She described how low income families did not need the number of parking spaces mandated by the Code because many of the families did not own cars. Ms. Fink discussed the new funding climate with the decimation of HUD in the last decade. She mentioned the need for state subsidies and funding at the regional level. Ms. Fink asked the Council to adopt the Metro target of 320 units as a quantification of its own affordable housing goal. She indicated that reaching the goal required more than simply tax abatement, mentioning in particular reducing SDCs and increasing flexibility in the local regulatory environment. Councilor Hunt noted that Council three years ago had agreed to help CPAH with additional affordable housing projects, similar to the Villa La Paz project. He asked why CPAH never returned to Council to report on its other projects, given the Council's willingness to help. Ms. Fink noted that CPAH continued to do capital improvements at Villa La Paz and Hawthorne Villa. She described a third project undertaken by CPAH this year: the renovation of a four bedroom single family home to a five bedroom single family home to replace the four bedroom home destroyed when the shelter was built. CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 7 • • Ms. Fink discussed a 44 unit senior housing project CPAH wanted to build on Hall Blvd. She said that they have over $3 million in funding commitments but they could not build the project under the current zoning without significant variances. She indicated that they were waiting on the outcome of the Washington Square Regional Center Plan, which zoned this property to something that they could use. She commented that there was very little appropriate buildable land left in the area, which forced them to this parcel. Councilor Hunt asked if the Council should consider the needed variances, if that was all that was holding up the project, and CPAH could lose its funding if it did not move forward soon. Council President Moore suggested scheduling a workshop discussion of the Council policy on fees, SDCs, and code provisions in light of the affordable housing issue. Councilor Hunt concurred. Councilor Scheckla contended that CPAH was in the predicament it was in because it purchased property within the area of the Washington Square Regional Center Plan (adopted but not implemented), when perhaps it should have looked elsewhere. He argued that making special accommodations for CPAH would open the floodgates to others wanting similar consideration. Ms. Fink disagreed. She held that a clear statement from Council that any action it took was to address the affordable housing issue would preclude setting a precedent for other types of development. Councilor Patton agreed with holding a study session focusing on the alternatives that the City could consider in addressing the affordable housing issue. 6. TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION (TCBDA) REQUESTS Tyler Ellensen, Tigard Central Business District Association President, reviewed the proposal TCBDA made last week for a downtown manager($30,000), an Oregon Downtown Development Association (ODDA) contract to develop an economic or business improvement district(ED,BID), and $3,360 for banners. He presented a sample of the banners. He reported that they proposed $22,500 for the downtown manager position for this fiscal year(nine-month contract)with the remainder to fall in the next fiscal year. He said that 100% of the ODDA expense would fall in this fiscal year. He noted the total expenditure as $35,860. He commented that the remaining balance of $14,600 (out of the $50,000) gave the Association some flexibility. Mr. Hendryx spoke to the need for a professional part-time downtown manager to implement the downtown plan, as the volunteer business owners have reached the limit on the amount of time they could volunteer. He reviewed the manager's proposed job duties, including membership, development of a funding mechanism, and promotion of the downtown. Councilor Scheckla asked what the Association's relationship was with the Chamber of Commerce with respect to the downtown manager and plan. Mr. Ellenson said that they were working in unison with the Chamber but they decided to keep things separate, as they did not want to use City funds to indirectly subsidize the Chamber's new building (the Chamber offered to rent the Association office space for the manager). He discussed the Chamber's offer to allow the Association to hire one of its employees to work on a part-time basis, doing multiple functions for the Association and the Chamber. He mentioned their conclusion that keeping the job duties separate would be difficult for one person. Mr. Ellenson confirmed to Councilor Scheckla that the$30,000 for the downtown manager covered a one-year period from the date of hire, not for the fiscal year. Mr. Monahan commented that during the nine months of this fiscal year, the downtown manager would work with ODDA on developing a permanent funding mechanism, such as an EID or BID. He said that the Association needed a commitment from the Council to provide additional funding in the next fiscal year, which was when the Association would make decisions with respect to long-term financing. He indicated that the Council was looking at about a 21-month commitment. CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 8 • • Mr. Monahan confirmed to Councilor Scheckla that a BID or EID required a vote of the people. He referenced Mr. Ellenson's comment last week that one of their goals was to reduce the City's contribution to one-third of the total financing needed. Mr. Hendryx reported that ODDA said that it typically took 12 to 18 months to put together a successful BID, including the public process. Mr. Monahan explained to Councilor Scheckla that a BID or EID was not the same as the tax increment financing proposal defeated by the voters previously. Councilor Patton spoke to the Council continuing its support of the TCBDA's work, as they were doing a good job in improving the downtown area(a Council goal). The Council agreed by consensus to direct staff to set the funding in motion to finance the part-time downtown manager($22,500), the ODDA contract ($10,000), and the banners ($3,360) for a total of $35,860 out of the $50,000 set aside for the Association. Mr. Ellenson stated that, per Councilor Scheckla's suggestion, they set a regular, formal meeting date for the second Monday of every month, 5:30 p.m. at the Recreation Building in the Main Street Apartments. 7. CONSIDERATION OF BALLOT TITLE - GENERAL OBLIGATION BOND FOR FINANCING OF TRANSPORTATION SYSTEM IMPROVEMENTS Mr. Ramis stated that this amended ballot title complied with the statutory word limit. Motion by Councilor Patton, seconded by Councilor Hunt, to adopt Resolution 00-44. • The City Recorder read the number and title of the resolution. RESOLUTION 00-44, A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE LANGUAGE OF THE TRANSPORTATION SYSTEM IMPROVEMENT PROJECT BALLOT TITLE. Motion passed by majority voice vote of the Council present. (Council President Moore, Councilors Hunt and Patton voted "yes." Councilor Scheckla voted"no.") [3-1] 8. UPDATE ON APPOINTMENT PROCESS FOR THE POSITION OF MAYOR Mr. Monahan reviewed the process and schedule to fill the interim mayor position that the Council decided on during its workshop session last week (See July 18, 2000, minutes). He noted the staff work done to advertise the position, including a cable television discussion he and Ms. Wheatley worked on with TVCA last week. He reviewed the qualification requirements for the interim mayor position. He commented that the post office assigned a Tigard address to properties outside the city limits; staff would verify whether an applicant lived within the city limits. Councilor Scheckla asked what happened if only a few applied and the Council did not find someone appropriate. Mr. Ramis said that the Charter gave the Council broad discretion, allowing them to re-solicit applications if necessary. Mr. Monahan commented that the Council could direct staff to modify the process at any time. He pointed out that this was a similar interview process to the one used in hiring city employees. Councilor Patton mentioned the Council's decision to allow the interim mayor to run for the permanent mayor seat. Mark Padgett suggested including a statement that the time a person served in an appointed capacity did not count against the term limits for either Councilor or Mayor. The Council considered Agenda Item 5 at this time. CITY COUNCIL MEETING MINUTES —JULY 25, 2000 —Page 9 . 9. COUNCIL LIAISON REPORTS: None. 10. NON-AGENDA ITEMS: None. 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNMENT: 9:16 p.m. " • ite. / /." / Attest: Catherine Wheatley, City Recorder d t. i 4 i4i .40P.APAr,41.10.0 ��ayor, Ci ofl i• .ro /- Date. kiVi. Io?2OcO I:\ADM\CATHY\CCM\000725.DOC • CITY COUNCIL MEETING MINUTES —JULY 25, 2000—Page 10 c �I • • • City of Tigard Community cDeve(opment ShapingA(Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TO: Bill Monahan FROM: Julia Hajduk, Associate Planner *44 DATE: August 11, 2000 SUBJECT: Dan Quello Letter Dick Bewersdorff and I met with Mr. Quello on August 2, 2000. At that meeting we responded to several of Mr. Quello's issues in his July 19, 2000 letter (attached). We discussed with Mr. Quello that part of the deliberation process by the Planning Commission (or any other hearing body for that".matter) involves questions regarding process, why things were done or not done a certain way. We explained that this discussion helps the decision-makers to formulate their decisions. What appeared to be "befuddled deliberation" was the Planning Commission doing their job to fully understand the request and the implications of the proposed amendment. We responded to the question of how other bed and breakfast uses were allowed to exist in the City of Tigard. The one establishment Mr. Quello cited is within the Urban Services area outside of the Tigard City Limits. It is now considered pre-existing, non-conforming and may continue, but may not be enlarged. In response to the issues raised regarding direction received from Staff, our response was that we are not hired consultants. When we first began discussions with Mr. Quello we gave him several options and told him all of them may be very hard to get because the standards are difficult to meet. We strongly recommended that he get a consultant on board to assist him in making his decisions, which he did. Page 1 of 2 • . • We clarified the issue of whether his property has a historic overlay designation or not. After we researched this issue, we discovered that the map in the Town Hall had mistakenly identified his site as having a historic overlay. This was a mapping error. The site is in the Comprehensive Plan as being of historic value but the previous owner chose not to have the overlay applied to the site when the other properties did. For this reason, he would need to apply for a zone change to have the historic overlay designation applied to his site if the City Council approves the request. We did not or could not responded to some of the points raised in his letter as they were opinions and statements that really could not be responded to. Many of his statements seemed to be a result of not fully understanding the process. As soon as the letter was received, I contacted his consultant to be sure that they both understood that the Planning Commission recommendation was not the final step in the process and that the City Council would be the ultimate decision-maker. Dick Bewersdorff and I reiterated this in our meeting with him. Finally, in response to the issue raised that staff had close to a year to prepare for this, I need to point out that the application was complete on May 15th (approximately 3 months processing time, in accordance with our service standards). While we were aware of his use for more than a year, until a formal application was submitted, staff did not know what would be proposed in order to begin review. Attachment: 7/19/2000 Letter from Dan Quello i:\curpin\julia\zoa\quello response.doc Page 2 of 2 July 19, 2000 Dear Mr. Bewersdorf, Too bad you weren't there! I don't know when I've seen such inepti- tude as displayed by the Tigard Planning staff or befuddled deliberation as exhibited by the Planning Commission. In a phone call to Julia on the day of the hearing, in regard to format, I was told I would be given a time for rebuttal. Wrong. No time for rebut- tal was given me. I was told we could show a video. No qualified person was there to op- erate it. The audio and visual images were both terribly distorted. Julia outlined a 3-step process for us, including application for a "Historic District" ("HD") designation. The big zoning map in Tigard City Hall's entrance as well as other places already has the "HD" designation on our property. The Commissioners kept asking Julia: - "Why did you give us this?" - "Why didn't the applicant apply for such and such?" - "What are we suppose to do with this?" -"We can't act on both requests... we must treat Bed Er Break- fast and Garden Weddings separately." Because they felt this proposed code amendment was the wrong way to reach our objective, we felt we were poorly advised by city staff. Having had close to a year to prepare for this, we felt Julia was ill prepared. She could not explain the discrepancy in the "HD" designation or why a more defini- tive process wasn't prescribed. "I guess," she said, "because they didn't ask for it." During the Bed Er Breakfast proposal, neither staff nor Commission brought up, or even seemed aware, that people are already operating Bed Er Breakfast's in Tigard. Both staff and Commission acted as if Bed Er Break- fast's in Tigard were some new concept. At places like the Woven Glass Inn, this use has been going on for years. Is this ignorance or discrimination? We approached the Planning Department months ago, asking for di- rection on how best to achieve these conditional uses. Oregon City, Mil- waukie, Clackamus, Portland,... they've all found ways to use Nationally des- • t, • ignated historic properties in residential zones for Bed & Breakfast and Gar- den Wedding uses... Tigard doesn't seem to even want to try! You and Julia seemed to have your minds made up against us from the beginning. Way back, when Don Manghelli and his cast were all willing to talk compromise, you "tipped your hand" to him in the hallway outside of the City Chamber and said, "I don't think it (Mr. Quello's proposal) has much chance." .... before any testimony in the application process was even offered. We are deeply disappointed with Planning Staff and the Planning Com- mission... not just with their decision, but with the process. The citizens of Tigard, who like myself pay thousands of dollars to have a hearing such as ours, deserve better. We are uncertain as to our next step. With our children gone, it's much too big a home for two people, and the maintenance of 2-plus acres, at its current level without any side income, is too expensive and time con- suming. The only one on the Commission who seemed to understand that was Mr. Wilson. We are exploring the sale of the whole property, some of the sur- rounding land, even the demolition of the house and turning the property over to developers. Your own stated goal, when it comes to identifying his- toric and community resources, offers a solution (Statewide Planning Goal 5) concerning historic resources. It says: "Establish a balance between the resource and those uses that would conflict with it." We entered this pro- cess with a spirit of cooperation and compromise. Sadly, no effort toward compromise was made by the staff or the Commissioners. Even more sadly, Tigard may loose yet another of its historic landmarks... probably its finest. Sincerely, ClkL9gTs.„ Dan Quello cc: Mr. Wilson Mr. Monahan Ms. Hajduk Tigard City Council Tigard Chamber of Commerce .Y A '� :a,' f 3 •.x Rl=;a'¢y y :.�x 111 LS- •S' ur--: 1 ..Y�f�y^we. a / gg�'II'I °.a d::.„r n„x° £. ..sr y-_.. �`. '°� _ *'"t.:r.a a•.w d~a "�u” s,..,;a... ',M 11 City of Tigard TIGARD PLANNING COMMISSION Community Detelopnent JULY 17, 2000 — 7:30 P.M. ShapingA Better Community TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. APPROVE MINUTES 5. RENAMING OF SW 129TH AVE., NORTH OF SW BULL MOUNTAIN RD., WITHIN THE WOODFORD ESTATES SUBDIVISION 6. PUBLIC HEARING 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. 7. OTHER BUSINESS 8. ADJOURNMENT • • • Agenda Item: 6.1 Hearing Date: July 17.2000 Time: 7:30 PM STAFF REPORT TO THE I ' , , PLANNING COMMISSION CITYOFTIOARD Community Oevetopment ;FOR,THE CITY OF TIGARD,OREGON SfiapingABetterCommunity. SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00001 PROPOSAL: The applicant is requesting approval of a zone ordinance amendment to allow weddings and Bed and Breakfast establishments in Historic Overlay zones. APPLICANT: Dan Quello APPLICANT'S Bruce Vincent 16445 SW 92' Ave. REP: 825 NE 20th Avenue Tigard, OR 97224 Suite 300 Portland, OR 97232 ZONE: All Zones with a Historic Overlay designation —Citywide. LOCATION: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740; Comprehensive Plan Policy 3.7.1; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, and 5. SECTION II. STAFF RECOMMENDATION Staff' -recommends that the Planning. Commission'forward' a recommendation to the City` Council to APPROVE the requested Zone Ordinance amendment to" allow Bed and Breakfasts in Historic,Overlayzones"conditionally and to DENY the request to allow weddings inHistoric Overlay Zones. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 1 OF 7 SECTION III. BACKGROUND INFORMATION The applicant, Dan Quello, owns a home with a historic overlay. This house was inventoried in the Comprehensive Plan and referred to as the Shaver-Bilyeu house. It is currently commonly referred to as the Quello house. Mr. Quello had been conducting outdoor weddings on this property for approximately 2 years. Complaints were received and City staff confirmed that no permits were, or could be, obtained because the commercial use was not permitted in this residential zone. Mr. Quello is asking for a code amendment to allow weddings, as well as bed and breakfasts uses in historic zones in order to continue offering wedding services from this home. If the request is approved, he will have to return with a request to have the Historic Overlay zone placed on his property. He will then be able to submit a conditional use application for the proposed use. The are 9 sites (not including the Quello house, which is on the National Register but not locally designated). Seven are in residential zones and 2 are in commercial zones. Staff has reviewed each of these sites and prepared the following table: -HISTORIC SITE" SITE„CHARACTERISTICS ” ," BED `" OUTDOOR WEDDING. " z BREAKFAST AND;RECEPTION^' u.. ,£' _ POTENTIAL . POTENTIAL[2] Durham Developed with school. Plenty of None Possible but unlikely. Elementary parking. Surrounded by industrial School land and uses. John F. Small house. Home is used for Due to existing Possible, but unlikely Tigard House museum, lot owned by the Water use, none. because it is water district District. property. Ye-Olde Windmill Very small lot. No structure other None Very unlikely. than windmill. :Charles F. Home can not be seen from road. Yes Possible Tigard Hou"se Assessor info. indicates home is over 3,000 square feet and lot is 1.5 acres. Tigard.Farmhouse Approximately 2,600 square foot Yes . =Possible and Windmill home on %2 acre lot. c , Joy Theater Movie theater. None None Tigard Grange#148 Large building. Parking area gravel. None Indoor weddings allowed now due to existing use. Outdoor unlikely Seven -" Approximately 2,500 square foot Yes Possible Gables'House " home on %2 acre lot. Approximately 2,900 square foot Yes Possible but unlikely due to Gaarde'House ' , home on /4 acre lot. size. Shaver-Bilyeu Large home (approx. 3,600 square Yes Possible , feet) on 2+acre lot. [1] Staff included all homes currently serving as residences as having Bed &Breakfast potential. [2] Staff included all lots %2 acre in size or larger as having commercial outdoor wedding potential. Staff could not examine yards to truly determine if there were areas large enough to accommodate weddings. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 2 OF 7 • • Bed and Breakfasts are combined under the commercial lodging use classification in the development code. Commercial lodging is permitted in the C-G, C-P, CBD, MUE, and I-P zones. Outdoor weddings are not addressed in the use classifications, however, a non-profit wedding may be permitted in Community recreation areas such as parks where the site has already been reviewed for noise, parking, traffic, and other such impact issues. Because they are intended to be outdoor meeting facilities, a wedding would not be inconsistent with the community use. For profit weddings, however, are most appropriate in a commercial zone within an approved public meeting location. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of property with a historic overlay and notice was published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 3 OF 7 • • Statewide Planning Goal 5 — Open Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government 3 choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code has standards that preserve the historic resource with a review mechanism for alteration and demolition. The proposed uses would not, by themselves, conflict with this goal or the City's implementation of it (although structural changes would have to be reviewed). • Any federal or state statutes or regulations found applicable; There do not appear to be any applicable federal or state regulations for the USE of historic structures as they deal mainly with the exterior and/or architectural changes to the structures • Any applicable Metro regulations; There are no Metro regulations that need to be considered in this request. • Any applicable Comprehensive Plan Policies; and Comprehensive Plan Policy 3.7.1: The policy states "The city shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments will not be inconsistent with this policy. • Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.330 and 18.740 will be amended, there are no specific criteria in these sections that need to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 4 OF 7 • I SECTION V. STAFF ANALYSIS The applicant has submitted several letters from people who have had wonderful weddings at the Quello house. Staff does not dispute that this is a beautiful home, with lovely landscaping, however, the question is whether the proposed uses are appropriate (not just enjoyable for those getting married) for all historic sites. The applicant has stated that by making the uses conditional, each site will be evaluated for compatibility with the neighborhood as part of that review. While this is true, staff has to examine whether it makes sense or if it is possible for the conditional use to be approved. It would make no sense to permit something in concept that has no possibility of being approved in reality. The applicant states that by allowing bed and breakfast and weddings to occur on sites with a historic overlay designation, that owners of these properties will have an avenue to raise additional monies to help defray the costs of upkeep of the sites. It is stated that this will benefit all of Tigard by providing incentives for owners of historic properties to maintain them versus let them deteriorate and/or tear them down. While the applicant has submitted the request for both bed and breakfast uses and weddings, staff has determined that they are, in reality, two totally separate uses that need to be evaluated separately. The staff recommendation is based on several factors. First and foremost, staff is assuming that the Planners, citizens and City Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may be needed to allow uses that should have been included in a particular zone. Bed and Breakfast After evaluating the criteria, the applicant's statements and how other Cities address this issue, staff has determined that it may be appropriate to allow bed and breakfast uses. These uses could be controlled with Conditional Use Permit (CUP) approval. The impact on the neighborhood would be minimal and, if limited, would result in less customer visits than that of a home occupation which is allowed in all residential zones. The Bed and Breakfast concept could be limited to a certain number of rooms maximum, thus parking and noise would not be as great a concern. In addition, the other cities reviewed in preparation of this report (Portland, Beaverton, and Oregon City) allow bed and breakfasts conditionally in most residential zones (not just limited to historic districts). They do not allow (Portland) or do not address weddings or other group gatherings (Oregon City and Beaverton). The applicant has proposed conditional use language which would limit bed and breakfasts to 5 guestrooms and 1 parking space per room. Staff is supportive of these proposed restrictions. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 5 OF 7 • • Commercial Weddings Weddings for commercial business, even if approved as a conditional use, are not appropriate on residential home lots. Weddings may attract traffic that may not be able to be adequately accommodated on-site without jeopardizing the historic integrity of the site and off-site parking would not be in accordance with the Development Code standards. The applicant's residence is adjacent to the high school and they have indicated that there is more than enough parking there for a wedding use, however, this is not their property and, as far as staff knows, they do not have permission to use it. In any event, the parking locations may be no less than 200 feet from the building or use they are required to serve. The applicant's representative has indicated that many "wedding houses" provide valet parking which would allow parking other than the typical parking lot arrangement, as parking can be stacked. They propose 10-12 on-site stacked parking spaces as well as lease agreement from adjacent property owners for additional parking spaces on an as needed basis. By not being able to provide an accurate number of parking spaces with assurance that the people parking the cars are maximizing space, staff can not be assured that parking will not get out of control. In addition, the applicant would not be able to use adjacent property unless it is approved for parking as well. Again, a large number of cars, traffic and people on a weekly basis is not consistent with a residential neighborhood. Weddings also raise concern regarding noise levels for outdoor weddings which the City has already received numerous complaints on. Because weddings occur on weekends, when no code compliance specialist is working, enforcement of any conditions related to noise would be very difficult. The applicant has stated that outdoor wedding activity may occur a maximum of 12-15 times annually from May-September. This could be as much as every Saturday for 3-4 months during the summer. This is far too much impact for residential areas. The Conditional Use standards would force staff (or the Hearings Officer) to approve the use if certain criteria were met, therefore, very little discretion could be applied if the conditional use was an option. The number of complaints received while the Quello's were conducting weddings and the time spent on those complaints is another indication that this is not a suitable site. The City does not want to add additional burden on code enforcement when it is highly anticipated that the use will generate complaints. The applicant has proposed conditional use language which would restrict amplified noise • and activities after 9:00 PM for weddings and receptions. Staff is not supportive of the use, even with these restrictions for the reasons stated above. Staff Recommendation: Based on the analysis above, staff finds it appropriate to allow historic sites to offer bed and breakfast facilities as approved by a Conditional Use. Staff is recommending that the Planning Commission forward a recommendation to City Council to amend the zone ordinance to approve the bed and breakfast use and deny the wedding use option. The bed and breakfast would be a conditional use with the following restrictions: 1. Limit of 5 guest rooms 2. On-site parking of one (1) space per room, and 3. City of Tigard Historic Overlay designation. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 6 OF 7 4 • 0 SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the application and provided the following comments: The proposal to allow weddings in historical structures could result in negative impacts if the facility is located within a residential neighborhood. Parking can be a major issue. If multiple on-site parking spaces are allowed (or required) then the parking area can spoil the character of historical structure itself, as well as, have a negative visual impact on adjacent homes. If on-site parking is not provided, and the historical structure is located in a residential area, then on-street parking could become an issue with the residents in the neighborhood. Weddings are generally held on weekends when code enforcement staff are not on-duty, therefore, police would likely be called if there was a problem. The residents of the City may not consider diverting officers to deal with minor issues (such as loud celebrating) an efficient or cost-effective use of a police officer's time. Bed and Breakfast establishments have and continue to be a viable use of historical structures in residential areas if the number of rooms that can be rented is strictly controlled. Two to four more cars on most residential streets can almost always be accommodated. Signs for Bed & Breakfasts within residential areas should be prohibited or strictly controlled since area residents often relate signs to commercial activities. A Bed & Breakfast can blend into a neighborhood if signage is not present. City of Tigard Long Range Planning Division, DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. iitivk July 5. 2000 • PREPAR BY: Julia Hajduk DATE Associate Planner a -�' �� July 5, 2000 _...- _______.6-APP OVED BY: Richard Be e sdorff DATE Planning Manager is\curpin\julia\zoa2000-00001 staff report.doc STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 7 OF 7 • • ...DRAFT. DRAFT DRAFT DRAFT•••••DRAFT.....DRAFT••• ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike—through (Additionally, a bar in the far right margin also indicates there has been a change. Example:—> I ) • Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services -- at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts • A. R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 1 of 7 DRAFT...18.510...DRAFT • • E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet,and duplexes,at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited.amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright,but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use,it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 2 of 7 DRAFT...18.510...DRAFT . • HOUSING TYPES Single Units,Attached N N • N R8 R9/C P P P Single Units,Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) • Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C N N N Day Care P/C P/C P/C P/C P/C P/C P/C P/C Emergency Services C C C C C N N N Medical Centers N N C C C C C C . Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C • C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Bed and Breakfast Establishments C12 C12 C'2 C'2 C12 C12 C12 C'2 Commercial Lodging N N N N N N ' N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N NN - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N NN General Retail Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N'_ N R" R" - Bulk Sales N N N N N N NN - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N NN - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N C10 C'0 C'0 Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 3 of 7 DRAFT...18.510...DRAFT • 0 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER . Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C .0 C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. . 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12Conditional Use for properties with a Historic Overlay Zone only. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 4 of 7 DRAFT...18.510...DRAFT • • 18.510.040 Minimum and Maximum.Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the • density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. • C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020 B 1. 18.510.050 Development Standards • A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 • DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES 'STANDARD: .a: R-1 R-2' :r. Rh3S .R-4.5 R-7 ;t, Minimum Lot Size -Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit[1] 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. SO ft. -Duplex lots 90 ft. 90 ft. 50 ft. -Attached unit lots • 40 ft. Maximum Lot Coverage - - - - 80%[2] Minimum Setbacks -Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. -Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. -Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. -Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - - - _ 20% [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 5 of 7 DRAFT...18.510...DRAFT • • • TABLE 18.510.2 -(Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES • 'STANDARD W :'�a � ,,.�.s..6z •� .:aMFD_,U^. _; ,s SF DU ` . iaPIF_DU.:. .... .. ... SFxDU,._x . ...a aT`'^i.e;,:iviy'DU,..i ;SF-DUt*tj Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft.per unit 1.480 sq.ft. 3,050 sq.ft.per unit None None -Attached unit 1,480 sq.ft. None -Duplexes 6,100 sq.ft.or 3,050 sq.ft.per unit None -Boarding,lodging,rooming house 6,100 sq.ft. Average Lot Width None None None None None None Minimum Setbacks • -Front yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 10•ft. • 20 ft. 10 ft. 20 ft. 10 ft. • -Side yard 10 ft. 5 ft.[1] 10 ft. 5 ft.[1] 10 ft. 5 ft.[1] • -Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. -Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. • Maximum Height 35 ft. 35 ft. 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Coverage[2] 80% 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% 20% 20% _ 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit .** Single-family dwelling unit\ 18.510.060 Accessory Structures • A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: • 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 ' acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; • 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. . All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non- Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 6 of 7 DRAFT...18.510...DRAFT • • S • 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. • I:\curpin\julia■zoa\zoa2000-00001 Chapter 18.510 proposed changes.doc • Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 7 of 7 DRAFT...18.510...DRAFT • 11) ...DRAFT.....DRAFT. .DRAFT. DRAFT .DRAFT DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike—through ike through (Additionally, a bar in the far right margin also indicates there has been a change. Example:—+ I ) Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose • • A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the . changes listed below have been proposed: a. A change in land use; b. An 10% increase in dwelling unit density; • c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 1 of 11 DRAFT...18.330...DRAFT • e. A reduction of more than 10%of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.320.020A. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040,using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 2 of 11 DRAFT...18.330...DRAFT • • 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with • respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location,topography,and natural features; • 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size,number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s) to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location,height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 3 of 1 1 DRAFT...18.330...DRAFT • 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; . 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction • with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery,preschool, elementary,junior,middle, or high school; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 4 of 11 DRAFT...18.330...DRAFT • • (3) Day care center,nursery school,resident care facility or hospital; (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the.use, to the closest portion of the residential zone or property line upon which a use specified in paragraph(a)above is listed; c. Any sign shall comply with the sign requirements,Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Bed and Breakfast Establishments in Residential zones: a. The property must be in a historic overlay zone only. • b. No more than 5 guest rooms shall be permitted. c. One parking space per guest room in addition to the parking required for the existing residence shall be provided. d. The Bed and Breakfast establishment shall be run by a primary resident of the property. • e. Signs shall be permitted in accordance with the home occupation sign standards of Section 18.742.050.A.2.a. f. The dimensional standards of the underlying zone shall apply. g. No other commercial activities may occur on-site other than those permitted under a Type I home occupation permit. 23. Motor Vehicle Servicing and Repair: a. Setbacks: • (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and • (3) All repair work shall be performed indoors. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 5 of 11 DRAFT...18.330...DRAFT • • 34. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 45. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 66. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements. 67. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. ;8. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots, the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. g9. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 6 of 11 DRAFT...18.330...DRAFT • • (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. 910. Religious Institutions: • a. Minimum lot size shall be 20,000 square feet; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas,Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 4011. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements,Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and • (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 4412. Cemeteries: a. The minimum lot size shall be five acres; b. Setbacks: (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 7 of 11 DRAFT...18.330...DRAFT • • • (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street,plus meet visual clearance areas,Chapter 18.795; (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and • d. There are no off-street parking requirements. 4-213. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 1-314. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street,plus meets visual clearance areas, Chapter 18.795; (3)The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.765; -1-415. Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 8 of 11 DRAFT...18.330...DRAFT • • 4-516. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height.limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. 4.617. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; • c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 4-718. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 4-519. Manufactured/Mobile Home Parks(Also see Chapter.18.750): a. Minimum lot size shall be one acre; b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 9 of 11 . DRAFT...18.330...DRAFT • • • • • (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. • d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; f. Landscaping shall be equal to 20%of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum.of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 4920. Children's Day Care: a. Minimum lot size shall be'5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. 2-021. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. - b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 10 of 11 DRAFT...18.330...DRAFT 9 . . • • f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk-up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum,two parking spaces shall be provided allowing convenient access to the walk-up service window. h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. I:\curpin\julia\zoa\zoa2000-00001 Chapter 18.330 proposed changes.doc Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 11 of 11 DRAFT...18.330...DRAFT • ...DRAFT.....DRAFT. DRAFT DRAFT•••••DRAFT DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike—through (Additionally, a bar in the far right margin also indicates there has been a change. Example:—* I ) Chapter 18.740 HISTORIC OVERLAY Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: 1. Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing,and public welfare of the City; and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 1 of 4 DRAFT...18.740...DRAFT " - • • 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. 18.740.030 General Provisions A. Approval of exterior alterations. Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance,nor may any new structure be constructed in an historic district unless approved by the Director. B. Approval of demolition. No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design,material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. E. Incentives for maintenance. In an effort to aid in the upkeep. protection and pride of properties with a historic overlay designation. Bed and Breakfast facilities are permitted subject to Conditional Use approval in all residential zones. 18.740.040 Approval Process A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010, Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 2 of 4 DRAFT...18.740...DRAFT • • - c. The site or area is identified with historic personages, or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or e. The proposed site or area is a notable work of a master builder,designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type 111-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040,by the Director using the following criteria: • 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 3 of 4 DRAFT...18.740...DRAFT • • 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement,proportion,detail, scale, color,texture and materials proposed to be used in the construction of the new building or structure;and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- of-way,and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390, Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020, must include the following information. Specific information to be contained in each of the following is available from the Director. 1. Site plan; 2. Architectural drawings; 3. Landscape plan; 4. Sign drawings. Proposed Zone Ordinance Amendment to Conditionally Allow Bed&Breakfast Uses in Historic Overlay Zones Page 4 of 4 DRAFT...18.740...DRAFT - - • • DESIGNATED HISTORICAL SITES CITY OF TIGARD Year Property/Address Tax Lot No. Designated 1 Durham Elementary School Zone: R-12(HD) 8040 SW Durham St. 2S1 13B 300 1984 Built in 1920, the school is significant in its association with early Oregon pioneer and businessman Albert Durham. 2 John F. Tigard House Zone: R-3.5(HD) 10310 SW Canterbury Ln. 2S1 11 BC 2600, 2700 1984 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction... 3 Ye-Olde Windmill Zone: R-4.5 (HD) 121st St . and Katherine St. 2S1 3BB 6500, 10200 1984 Built in 1909 by Edward Christensen, the water tower stands as a visible testimonial to the surrounding land' s original agricultural use and to the Wood-Christensen families who lived and farmed there. 4 Charles F. Tigard House Zone: R-4.5 (HD) 11180 SW Fonner St. 2S1 3 AC 1700 1984 Constructed in 1902, this is the second house occupied by Charles . T. Tigard, the second son of Tigard' s namesake. Charles established the area' s first general store and was involved in other commercial activities. 5 Tigard Farmhouse and Windmill Zone: R-12(HD) . 10525 SW Tigard St. 1S1 34DD 100/101 1986 Built in 1900 ' s, the house is significant due to its association with the Cowgill family. Hal Cowgill, who purchased the property in 1936, was a long-time employee of • • • .Pacific Power and Light. The residence is one of the few bungalow farmhouses with a water tower still intact. 6 Joy Theater Zone: C-G(HD) 11959 SW Pacific Hwy. 1S1 35DD 2700 1986 Constructed in 1939, the theater building is significant as an example of the Art Deco/Moderne Style. Substantial exterior alteration, approved by the City, occurred -in 1992 . The basic .massing and style of the building was preserved • and enhanced by the alterations. 7 Tigard. Grange # 148 Zone: C-G(HD) 13770 SW Pacific Hwy. 2S1 3DD 600 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. 8 Seven Gables Upshaw House Zone: R-3.5(HD) 9890 SW Peppertree Lane 2S1 11CA 15400 1986 The residence is significant . in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples . • 9 Gaarde House Zone: R-4.5(HD) 11333 Gaarde Rd. 2S1 3DC 1700 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who established a blacksmith shop in 1893 across the road from Charles Tigard' s store. The house is one of the few remaining examples of the bungalow style with Craftsman detail . Its significance rests primarily on its association as a landmark of the Gaarde family' s early presence in Tigard. *10 Shaver-Bilyeu House Zone: R-4.5 16445 SW 92nd Avenue 2S1 14AB 1300 *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family, who contribution to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. * Indicates Listed on the National but not the Local Registry. . .. 0 • •••,,,,,,,••:, ..„.„-- --t----.•-fff, if 027k-it._ . - - - f City of Tigard _ ..„, ./4`.....• I. .‘. \N., ---.3 • .77-...1 • ; • •1::./. :• 1 3: I. 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' ' * ' ' ' '`* ' • • ZONE ORDINANCE AMENDMENT TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 PRE-APP.HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: Property Address/Location(s): FOR STAFF USE ONLY Tax Map&Tax Lot#(s): Case No.(s): Other Case No.(s): Site Size(s): Receipt No:: Application Accepted By: Property Owner/Deed Holder*(s): �1 Date: S'14._c2oco Address: Phone: City: Zip: Date Determined To Be Complete: f-Qe_ 1` (/A L, Address: 1--1.1(>5- Phone: Comp.Plan/Zone Designation: City: , _ .f _ _ Zip: 7 z (( * When the owner and the applicant are different people, the CIT Area:. applicant must be the purchaser of record or a lessee in possession Rev.11/26/98 l:lcurpinkriasters\zoaa.doc • with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request a Zone Ordinance Amendment(if applicable)from ❑ Application Form to . El Owner's Signature/Written Authorization OR...The applicant requests an amendment to the following sections ❑ Title Transfer Instrument or Deed of the Comprehensive Plan or Community- Development Code CI Site/Plot Plan (please be specific): •,4s?4-e•+.. • it—( t 03"- 4l) (#of copies based on pre-app check list) 1„?), ``' ❑ Site/Plot Plan (reduced 81/2"x 11") .4/pc.) l'—'-4"'` -�''�'�` `'��` / �iS�c ❑ Applicant's Statement (#of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee $1,415.00 1 `^ • • PROPOSED CODE AMENDMENT Proposal This proposed amendment is intended to increase opportunities for viable usage of designated landmark structures and improve their chances for continued maintenance and protection as historic resources. In effect,this amendment would allow for certain uses to be allowed on such properties, but only as a conditional use after proper notification and public hearing. Background Information The City of Tigard records indicate that there are 10 properties within the City with a Historic designation. These records also note that all such sites may or may not have the appropriate zoning designation. 18.390.060.G—Decision making considerations 1. The Statewide Planning Goals and Guidelines The following Goals are deemed to be applicable to this proposal: Goal 1—Citizen Involvement Comment: The applicant has conducted a public meeting concerning this proposal with written notice going to all owners of property with a historic designation. The list of owners was compiled from the City's records of such properties. The mailing list and minutes of the meeting are part of this application. Goal 2—Land use Planning Comment: This application is making use of established procedures that have been adopted by the City for considering amendments to its Zoning code. Goal 5—Open Spaces, Scenic and historic areas Comment: The proposed amendment will provide another tool for keeping and maintaining sites with a significant historic structure. Goal 5—Housing Comment: Approval of the proposed amendments will not jeopardize the housing goals of the City. The proposal does not affect densities or buildable lands. It does, however, provide for an economic incentive for the maintenance of structures of historic significance. The conditional use procedure, coupled with the proposed development guidelines, can assure minimal impacts on adjoining land uses. • • Code Amendment Historic Designation 2. Any federal or state statutes or regulations Comment: Standards for Historic preservation Projects, a publication of the Technical Preservation Services Division of the US Department of Interior deals mainly with exterior and/or architectural changes to a building that could alter those features that make qualify the structure as historic. Little, if any, attention is paid to the use of the structure itself. The adoption of the proposed amendments does not appear to create conflicts with either state or federal regulations governing the use of historic buildings. 3. Any Metro regulations Comment: There are no known METRO regulations currently in effect that would have a bearing on this proposal. 4. Any applicable Comprehensive Plan policies Comment: The following Comprehensive Plan policies are deemed applicable to this proposal: • Policy 3.7.1 states that the City shall, amongst other things, promote the preservation and protection of historically and significant structures within the City. By providing options.within the Development Code for the ability to conduct for certain land uses on historically designated properties, when the revenue from such uses is earmarked for improvements to the historic structure, the city assures retention of these structures and forestalls redevelopment pressures for that property. Where the implementation strategy indicates that a program should be established to renovate certain historic structures could be used as public purposes such as museums or cultural centers, ie Durham School and the John Tigard home,there needs to be additional incentives for private property owner to generate funds to be used in restoration and maintenance of other historically significant structures. 5. Any applicable provisions of the City's implementing ordinances Comment: The City's Development code sets forth the procedure consideration of Text amendments. This request is following the established procedure beginning with the pre-application conference, neighborhood meeting and the filing of this application. -page2- • • Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone,the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5 guest rooms On-site parking one space per room • -rage3- • • • • • BEDSAUL / VINCENT CONSULTING , .LLC 825 NE 20TH AVENUE , SUITE 300 PORTLAND , OR 97232 503 - 230 • 2149 (FAX) 503 . 230 . 21 19 (OFFICE) FACSIMILE TRANSMITTAL SHEET TO • FROM: JULIA HAJDUK BRUCE VINCENT FAX NUMBER DATE.: 684-7297 MAY 9,2000 COMPANY: TOTAL NO.OF PAGES INCLUDING COVER: CITY OF TIGARD 6 PHONE NUMBER! SENDER'S REFERENCE NUMBER: 639-4171 RE: YOUR REFERENCE NUMBER: to your 4/4/00 Letter to Spencer Vail-Q111nUo Residence 0 U RGr NT (J FOR REVIEW 0 PLEASE COMMENT a P LEASE_REPLY (J P LEASE RECYCLE NOTES/COMMENTS: • 825 NE 20TH AVENUE, SUITE 300 • PORTLAND, OR 97232 PHONE: 503.230.2119 • FAX: 503-230.2149 10'd 6V T E 02? 20S N I 11IISNOU INBJN I() 1I[USQ33 LS:0 T 000,-60-AUW • ' BEDSAUL / VINCENT CONSULTING , LLC 825 NE . 20 " AVE . , SUITE 300 PORTLAND , OR 97232 OFFICE ( 503 ) 230 - 2119 FAX ( 503 ) 230 - 2149 May 3,2000 Julia Hajduk,Associate Planner City of Tigard Planning Dept. 13125 SW Hall Blvd_ Tigard, OR 97223 Re: Response to Issues Raised in a 4/4/00 Letter to Spencer Vail-Requested Zoning Ordinance to Historic Overlay Zone-Quello Residence. (16445 SW 92"°) Dear Julia Hajduk, As you know, Spencer Vail is an associate of mind, and he asked me to take over the above- mentioned project for him. The most pressing matter at hand is responding to your 4/4/00 letter. In that letter you requested more supporting information for the above-mentioned request The following is a summary of those issues, as I understand them: 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard_ 2_ An expanded discussion on how the proposed uses would be compatible with surrounding uses. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. • 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. 5. Proposed parking requirements for bed and breakfast/wedding ceremony-reception uses. I will respond to the above-mentioned issues in the following paragraphs. 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. If this zone change request is approved, it will permit bed and breakfast and wedding ceremony/reception uses that are unique alternatives to weddings in churches and overnight stays in motels. Local citizens of Tigard cannot offer out-of town guest a unique alternative to a stay in a modem motel. Local citizens of Tigard do have a unique alternative location to an inside church wedding and reception for their sons and daughters. If Tigard had both these uses, local citizens would not have to look elsewhere for the essential ingredient to a memorable stay or once in a lifetime wedding; a memorable location. A memorable experience in Tigard will be remembered and talked about by those that experienced it, and bring them back for another stay or another wedding. If unique bed and breakfast lodgings and wedding spots are Bedsaul / Vincent Consulting , LLC Z©'d 6t 7L7.7 O2Z £OS N I 111lSNO:J 1N33N I n inusa33 000?-60-J,HW • • . not present in Tigard, 1 ocar s idents will find alternate e locations in Atanci and Washington County. Therefore,their money will not be spent in stores, restaurants and other businesses during their stay in Tigard. Permitting_historic residences to provide unique types of uses benefits the entire community, but keeping revenue-generating and tax-paying uses within the City, and by offering a unique and memorable alternative that is not present within the City. 2. The compatibility of the proposed uses with the surrounding residential uses. In most cases,the historic residences within.Tigard are located in residential zones. As a rule, residential zones allow a variety of uses under prescribed conditions. (e.g. Conditional Uses) Such things as churches, group homes, residential care facilities are allowed via a conditional use. Conditional uses require substantiation that use is compatible with surrounding residential uses, and limits are generally placed on such things as hours of operation, off-street parking, screening, buffering and the like. Therefore,the proposed wedding receptionfbed and breakfast uses will be compatible with surrounding residential uses, via application of Tigard's Conditional Use process, and establishing site-specific conditions of approval to regulate that use. 3. A discussion of revenue generation from the list of proposed uses,and how that revenue will help maintain the historic residences. The historic residences proposed for inclusion into this zone amendment process are all unique structures built from high quality materials. Historic properties within Tigard contain older residences that are examples of architectural styles that have long since vanished from the City. Those dwellings are generally large, and are aging;therefore, they require more maintenance than a typical single family home. Furthermore, it costs more to repair, refurbish and remodel historic residences, because it costs more to purchase quality materials to match existing architectural detailing, and it costs more for skilled contractors to do historic restoration work. Additionally, some historic residences are on large lots with mature landscapes and large lawn and shrub bed areas. Large landscaped areas require professional landscape maintenance to keep the grounds in perfect shape for bed and breakfast clientele and wedding receptions. The revenue from bed and breakfasts and residences could help defray the costs of upkeep and repair, and allow the homeowners to conduct a profitable business on the historic sites. If these historic homeowners are allowed to defray the cost of upkeep, all residences of Tigard benefit, not just those owing those properties. Historic residences are a reminder of what Tigard used to be; a farming community far from the outskirts of Portland. They are located in the community for all residences to see, and they provide the community with a view into the past. The benefit to the community is knowing that the historic residences will not fall into disrepair, because a portion of the profits from the business will go into upkeep and maintenance. The upkeep and maintenance will not just be for appearance sake, because the structures will house a business, not just a residence. Without a high degree of upkeep and maintenance, the business will not survive. If the business goes away,these structures could become run down, and then torn down to make way for a new home, or a new in-fill subdivision. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. I have discussed the noise issue with my client, Dan Quello, and he has agreed not to have loud amplified music after the wedding ceremony, and as part of the wedding reception. The former noise complaints stemmed from a hired disc jockey that played recorded music at loud levels, and not from any amplified voices or music as part of the wedding ceremony. The amplified voices or music as part of the wedding ceremony can be kept at a reasonable volume level that will comply with City of Tigard's Municipal Code as it applies to noise ordinances. The Conditional Use process can regulate and limit noise-generating uses via conditions of approval. As an example, the Conditional Use section of Tigard's Zoning Code already limits drive-up Bcdsaul / Vincent Consulting , LLC 20'd 6t'IZ 02, 20S N I 11fSNOJ 1N3DN I( 1I IUUSQ33 8S:01 000?-6O-AUW • • • window communications sound to a measurement of 55 decibels at the adjoining'property line(s) - at any time. Furthermore,'-Mr.Quello has agreed to allow Matthew Scheidegger, Code Compliance Specialist,to randomly monitor noise levels for compliance with the City's noise ordinance. Therefore, future use of the subject site for outdoor wedding ceremonies and receptions should not cause significant noise impacts on adjacent neighbors. 5. Proposed parking requirements for bed and breakfastlwedding ceremony-reception uses. In his Zone Amendment application, Spencer Vail has already suggested a parking ratio of one space/room for a bed and breakfast facility. (See proposed Code Amendment application) Outdoor wedding and receptions are an activity that may occur a maximum of 12-15 times from May-September, therefore they are an intermittent, seasonal site use that should not be required to provide a constant number of parking spaces at all times. As applied to historic residences, single family residential use is still the primary use in the R-4.5 zone, and the wedding use in secandary to the primary use. Many"wedding houses" provide a valet parking service and rent space on an adjacent parking facility. Additionally, an on-site valet can park guest vehicles in a stacked parking arrangement, rather than a typical parking lot arrangement. Based on the above-mentioned information, I think 10-12 on-site stacked parking spaces should be provided on-site, will a verifiable lease/rent agreement with an adjacent landowner to provide 50-60 spaces on as-needed basis. Typically, wedding and receptions are on the weekend, therefore schools, churches, (on Saturdays only), and 9-5 business parking lots could be used for the weeding use. Please review this letter and call me if you have any questions. Please let me know as soon as possible when you can schedule a hearing before the Planning Commission. Sincerely. � J V Bruce Vincent, President Bedsaulncent Consulting, LLC • • Bedsaul / Vincent Consulting , LLC bO'd 6b T E 02c 20S N I l-ll1SN00 1NIIN I i' lnusa3s 8S:O T 000E-60-AUW • I • June 7, 1999 Dear Matthew, At a June 3rd meeting at Tigard City Hall,Planning Manager,Dick Bewersdorf and property owner Dan Quello addressed the following concerns: 1) The Quellos have agreed to not book any future outdoor weddings until such time as a hearing can be held to review current zoning laws and "Conditional use Permits" as they might apply to Nationally Designated Historic Properties in residential neighborhoods. 2) The Quellos will honor their obligation to those couples who made their booking prior to June 3, .1999. 3) At those events, sound levels will be randomly monitored by Matthew Scheidegger, City of Tigard Code Compliance Specialist, to ensure that they do not exceed the noise ordinances of 50 decibels during the day and 40 decibels at night Asa further gesture of good will, the Quellos will ask that any music end by 9:00 PM.(one hour earlier than the ordinance allows) 4) At the time of a specially called land use hearing, (TBA)opportunity for both proponents and opponents to voice their concerns and vested interests will be giver_ A final ruling will rest with the City of Tigard Planning Division. We are anxious to work with the city and our neighbors in resolving this matter. Sincerely, Rev. Dan Quello SO'd 6bI � `aS N 111f SNOJ 1N3JN I I inusa33 6S:�� 000 -60 A . • • • . • Code Amendment Historic Designation • 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: • No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5 guest rooms On-site parking one space per room -page3- 90'd 6t'Z Z 02Z 20S N I llffSNOC' 1N3)N I( 1fUSQ3a 6S:D I 000E-60-ANW • • • BEDSAUL / VINCENT CONSULTING , LLC 825 NE 20TH AVENUE , SUITE 300 • PORTLAND , OR 97232 5.03 • 230 • 2149 ( FAX) 503 • 230 • 2119 (OFFICE) • • FACSIMILE TRANSMITTAL SHEET TO: FROM: JULIA HAJDUK BRUCE VINCENT PAX NUMBER: DATE: 684-7297 MAY 10,2000 COMPANY: TOTAL.NO.Or PAGES INCLUDING COVER: CITY OF TIGARD 11 PHONE NUMBER SENDER'S REFERENCE NUMBER: • 639-4171 RE; YOUR REFERENCE NUMBER Letters of Support for the wedding/wedding reception use at the Quello residence fl URGENT 0 FOR REVIEW a PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE • NOTES/COMMENTS: Julia_ My client gave me these support letters,and now that I have responded to your 4/4/00 letter, I would like them entered into the case file record. I talked with my clients and they would very much like to be on the 7/3/00 Planning Commission heating schedule if at all possible. • • • • • • • • 825 NE 20TH AVENUE, SUITE 300 - PORTLAND, OR 97232 • PHONE: 503.230.2119 • FAX: 503,230.2149 • TD'd brTZ 02z z0S NI1lnsNOJ 1N3DNIn 1nHsa3a 50 I 00n7-60-A.17,1w 11)61)42/WLA)..-UL- )0111 utl -I zip • _.._._.. � � .�[ D its-f!"_ • • 10/24/99 • • To Whom it May Concern: Dear Sirs: • We have been immediate next door neighbors to Dan and Jackque Quello for the past •nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles, They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. • The past two years they have been having weddings on their property_ These weddings • have not been any bother to us_ We think they should be allowed to continue the weddings. Sincerely. • Dan&Candi Mitchell • 16585 SW 92nd Ave Tioard (lrAOnn 07'7741. • • • • • EO'd hbTG (J_? 20S NIl1fSNOJ 1N31NIO 1fUSQ33 OT:St OfltJ-FCC-AHW • MAY-09-2000 15: 10 BEDSAUL VINCENT CONSULT IN 503 230 2149 P.03 d r�---- -ve-g �72-fy/ enl j L • ��z c� z.C'r Ca.fY% C/irY7 J-7/2 P. 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Yn/lja t; — tong ovt)A-6.2e-etrh, t/6"\-( 30A- ',§ (,4i N & 21 „i 2 i-t;' Cr) August Macke 11887-1914) o Lcute, dic rich hegeyncn / R ',, onires I Iine nnic'r ! lneootri / 1914 / ugusjo. sur ripier / 2 30,2 x 45,3 cm / lincrische Stuuts.emiildesammlungen - Munchen / click Artuthek t; NOUIVELLES IMAGES S.A. �diteurs 1991 / 4571)0 Lombreuil - Frtnce / ri c�ffsct pri»teJ,in-,-�>>:�ncc- / . , C i' i 3S emu! nu, -1/4/2/y_ --arid-4(14-br a/14 - c - +-1/' ° 1- /-7°Pia-)-4 xriltir"? ar)proi u./ 4-ys bii-vv4:74y-dig ,44 -1-1--)1cYlv oG -hviby,ade ki,y9 A p/vicipioA.,9dw, 247 y_ii2P 6-2/.16y 4/9/fii,e2o aley4/14~ 2/I 09y167191 eat) 1/4P i {'6?/� 7�b� MAY-09-2000 15: 14 BEDSAUL VINCENT CONSULTIN gwr r.‘ tov7 grz,„ dr! e7- 72424.1°7 WY /44V-- ,flfi" 11710 (!in340 Wig 503 230 2149 P.04 . • • • LAW OFFICES • J E N N E R & BLOCK IRAirlle4TON OKtCE a O&RTNERSRIP INCLUOIxd PROFCSS/ONAL COOPORATION5 LARG PORCUTOPPICE 8 ONG wCSTNIICTCR PIAcC[ 01 T1a{RTCCNTM ITV CGT,N•1./. su.Tc 1e00 roiT.. ONE IBM PLAZA y.xc rollcsT,tt 00046 wAPrlrcrON,0.C.=0006 CHICAGO, ILLINOIS 60611-7602 (.43)2PS•P200 <8.7)7P3.TWO FI•x ace)6�P-6000 (207)63*-000e r...n (3(21 2E2-9350 (312) 527-0413.4 PAX VI(I IiTER'5 DIRECT D1eL;(3121023-.2967 MA1LE H. SOLIS W IT:R.5 DIRCCT Fiat:<312)840-7367 hrt P$lET AcORESS:msollseionner,corn August 30, 1999 Quello House 16445 SW 92nd Ave. Tigard, OR 97224 Dear Pastor and Mrs. Quello: • My fiance, Robert Greenlee,and I stopped in on August 6th, 1999 and discussed the possibility of holding our wedding ceremony and reception at your house early next fall (2000). We understand that,because of the pending zoning license, you are unable to make reservations for next year at this time. I wanted to write because my fiance and I were so impressed by your house and the wedding services that you offer. We looked at many different places during the week we were there, and none of them had the personal and friendly feeling we got when we visited your home. My fiancé and I hope to getmarried next September,preferably during the Labor Day weekend. However, we have not made any reservations anywhere because we would like to wait to see the outcome of your zoning application. While we understand that you cannot hold any dates for anyone, we would be extremely grateful if you would be willing to contact my mother, who lives in Tigard,when you hear the Board's decision. My mother,Donna Yount,can be reached at(503) 590-7773. Since I live in Chicago, any call to me would be long distance,but in the event that you need to reach me,my home number is (773) 868-4362 and my work number is(312)923-2967_ Until then, we will wait with our fingers crossed that your application goes through without a hitch_ Thanks very much for your assistance. Sincerely, f\("\NIXIJAJ /%1(// / SB'd 6b I E 02 20S N I 11f1SN07 1N3)N I f 1 11 3SU3 b T :S T 000E-60—J.bW NOTICE TO MORTGAGEE, LIENHOGR,VENDOR OR SELLER: 111E TIGARD DEVELOPMENT CODE REQUIRES 1 ruAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER CITY OF TIGARD Community(Development S(tapingA Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION,AT A MEETING ON MONDAY, JULY 17. 2000 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT IZOAI 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP.: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay Designation — Citywide. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING . PUBLIC ORAL OR WRITTEN TESTkNY IS INVITED. ANYONE WISHING uPRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO.IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. • City of Tigard '�-/).- �� oP sn, HISTORIC ZONING DISTRICTS N DAKOTA ST Note: Labels 1 thru 10 correspond to the numbering system PFAF ST i used in the City of Tigard's Designated Historic Sites Listing. Q . G R,,.. 1 / lli , ‘, / IA co 1— Q V� 3 -.r Wp�LNUT= J \ S), ti0ti Legend -_r[ il — w 1/1\ ST2ikFR u., E Historic Zoning Q y Districts•4 ° w'pl ;Tigard ri C ity Limi i AAR D A ST ® _ J MOUNTAIN va, 9 BONITA RD • w 2/ pi Z BEEF BEND RD. DURHAM 4 7 ...: --17--- ,- - RD it _ J J 1 ' _. _ j 1 . ----- DURHAM Z !': __. _- 0 f 1 -_W_E--I rn O , \X) CO CC n ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING SPENCER VAIL ° PLANNING CONSULTANT RECEIVED PLANNING May 15, 2000 MAY 1 7 2000 LA-TIGARD Julia Hajduk City of Tigard Planning Dept. 13125 SW Hall Blvd. Tigard, OR 97223 re: ZOA 2000-00001 Dear Julia As you know, last March I filed an application for an amendment to the Development Code on behalf of my client Dan Quello. The purpose of this letter is to advise you that Rev. Quello is, in fact, the applicant of the request and that I was acting as his representative. You will note in the file that he paid the required filing fee ( City Rect.No 000646) Because an unusually heavy work load and prior commitments, I am not able to continue as Rev. Quello's representative. I have arranged, with Rev. Quello's approval, to have Bruce Vincent take over this matter. . I should no longer be listed as the applicant. I hope this explanation clarifies the concerns we discussed in pour telephone conversation last Friday and that the record will now reflect the transition that has occurred If you have further questions, please give me a call. Very truly yours - IFS.encer H. Vail • cc: Bruce Vincent • 4505 N.E. 24TH AVENUE • PORTLAND, OREGON 97211 • 503/281-8245 • FAX 503/284-5506 rn-i cr//Ho jø ol' COMMENTS • RECEIVED PLANNING August 17, 2000 AUG 18 2000 Tigard City Council CITY OF TIGARD 13125 SW Hall Boulevard Tigard, Oregon 97224 Dear Tigard City Council: In regard to Zone Ordinance Amendment 2000-0000I allowing the Quello property to be utilized for Weddings and Bed &Breakfast use, I am opposed. I have been at my address since 1986. My property is within yards of the back corner of the Quello property, near the beginning of the ravine. Sound travels easily in this area. I can lay in bed at night and hear the forks hit the dinner plates at the Quello's outdoor parties. After three summers of June - September gatherings, including up to three parties per weekend with pounding dance music, drunken party guest conversation and requests by the Quellos to stop neighboring activities like rototilling at 2:00pm on a Saturday afternoon, it is clear that business and residential use cannot be mixed in this neighborhood. It is unfair to everyone to hold a sacred event where lawn mowing, house washing, rototilling, barking dogs or singing children might inadvertently ruin a religious moment. This neighborhood does not lend itself to a bus iness use of this nature. In addition, this neighborhood already bears its share of busy, noisy, events and transient traffic including: the Tigard Balloon Festival and Fun Center, the Tigard 4th of July Celebration, and the year round Tigard High School field and stadium activities like football, soccer, baseball, band practice, graduation, marathon preparation, tree sales, etc. This neighborhood also provides the only vehicle access to Cook Park and already lives with daily/nightly park access problems like speeding, cruising, parking, noise, garbage and transient traffic. As demand for both the school and park has increased so have the problems. Changing the zoning to encourage a business that adds to these already growing noise, traffic and stranger problems would be ignoring the needs of the people who share this neighborhood. Any zone change to further stress this sensitive area would undermine the efforts of this neighborhood to remain a secure, family-friendly, residential community. Please do not amend the zoning to allow Weddings and B &B in this residential area. Sincerely, Cheryl Cappelli 16405 SW 93rd Avenue Tigard, Oregon 97224 • • RECEIVED PLANNING AUG 0 8 2000 To: Tigard City.Council 7 August 2000 CITY OF TIGARD From: Lawrence Galizio & Elisa Engbretson 16455. SW 93rd Ave. Tigard, OR 97224 Re: File#2000-00001 —Quello request for amendment to Community Development Code Members of the City Council: We sincerely regret that we are unable to attend the August 22, 2000 hearing regarding Dan Quello's request to conditionally allow weddings and bed&breakfasts in historic overlay zones because the decision will have an immediate and significant impact on our quality of life as Tigard residents as our property abuts the backyard of the Quello property. Let me be perfectly clear: we vehemently oppose this request both for the specific impacts it will have on our residential community, and for the more general precedent it sets within the larger city of Tigard. Although we cannot be present for the August 22nd hearing,we ask that you take special noticeof those speaking and/or writing on behalf of this proposal. You will notice one very important commonality that these people share :=NONE are geographically-immediate neighbors of the Quello.property. Iri"other words, their testimony is easy (and of questionable credibility) since their daily lives; quality of life, and property values will not suffer should this amendment pass. We do not have the luxury of maintaining a merely philosophical stance. We will have to suffer the repercussions of your decision. For this reason, when making this decision, we respectfully ask you to place yourselves in the shoes of the property owners, residents, and community members that LIVE right next door to the Quello property and all such historic overlay zones. Please think about what it means to involuntarily lose the ability to sit out on the deck during the warm summer evenings in the Tigard home you bought specifically for its measure of peace and tranquility. So that we might reduce the length of this letter, we will attempt to merely list the primary reasons why we fervently oppose this amendment to the code: 1. NOISE. The Quello's talk about "quiet garden weddings"yet our neighbors' testimony will unmask this consultant created euphemistic phrase for what it is. A realistic assessment'of the situation necessitates the observance of the echo-effect of the ravine that exists in between the•Quello properties and:those of us living on SW 93rd. Sound is magnified:to-such a degree by this ravine, that we can hear.the Quello's sons' every word when they're in the backyard playing croquet. Elimination of a disc jockey at weddings will reduce the noise but will come nowhere near keeping it at acceptable levels for this • • residential area. Laughter and talking of only 5 people is enough of a nuisance in that backyard, let alone_50 or 75. 2. CAVEAT EMPTOR&PROPERTY VALUE. Along with our neighbors, when we purchased this $175,000 home on this cul-de-sac in Tigard we did so expressly for its relative suburban tranquility. When making this biggest investment of our lives, we had full knowledge of the sounds that would emanate from Cook Park and Tigard High School. As an educator and an oncology nurse we value our privacy and quiet,but we also support the schools and parks as necessary and desirable places for the community. However, residential property investors should not have to anticipate the commercialization and commodification of a neighboring residence AFTER they have made such a significant investment. In short, your decision will illustrate whether or not the Council supports the rights of property-owners and individual investors and the responsibilities of neighbors in a residential community. 3. REASONABLE EXPECTATION OF PRIVACY. Contrary to the carefully-edited videotape that Mr. Quello and his hired consultant aired at the Planning Commission Meeting, the Quello backyard looks right into our backyard and deck area negating our reasonable expectation of privacy. When the Quello's held weddings in violation of the City Code, we were subjected to wedding guests parading across their property and staring into ours. We invite any and all of the Council members to visit our property in order to witness firsthand what we are talking about. We ask that you support our reasonable expectation of privacy and decline this amendment. 4. THE QUELLO RECORD ISN'T NEIGHBORLY..Mr. Quello claims that he is doing this as a"public service to the community", but the historical record illustrates someone primarily concerned with,personal finances and with blatant disregard for his neighbors. Lest you think this is hyperbole, please ask my neighbors the Smiths and the Manghellis-to recount what has taken place the past few years. Mr. Quello's response to noise complaints from his neighbors was to continue to illegally hold weddings almost every weekend. It was only after he contacted the City and found out that a public hearing was necessary that he decided to invite us to his house to discuss the matter. Mr. Quello has threatened us with the claim that he would"have to lease out his property to develop an apartment building on his property"if we failed to consent to his scheme to commercialize this residential area. Now he has hired a consultant (after legitimizing his illegal wedding activities by references to the need to send his sons to college), spent countless hours contacting the Chamber of Commerce,_far-flung"neighbors", and constructed a carefully edited videotape that would make Edward Bernays blush. In sum, Mr. Quello's behavior is anything but neighborly. Our apologies for the length of this letter but the very quality of our lives are at stake. As a college professor at PCC Sylvania, and an oncology nurse at Providence Hospital, we recognize the need for compromise and for service to the community.However, we also recognize the need for a measure of peace and tranquility in a_residential area. We are not wealthy and our home represents by far our largest financial investment as well as a place that we do a great deal of reading and research for our jobs. We love our home and the • • neighborhood and we would hate to have to move because our quiet residential neighborhood was turned into a commercial area for parties and transient"guests". Please think about how you would feel if your immediate neighbor was requesting to hold weddings and/or opening up a commercial B&B in your own backyard. The summer is short enough for those of us in the Northwest, consider what,it would be like.if you couldn't enjoy your own backyard and deck because a"neighbor"decided to hold large parties 6-12 times during the summer. Please vote FOR Tigard residents and the community and AGAINST the commodification of suburban neighborhoods. 93°1-3/6) Lawrence Galizio &Elisa Engbretson 16455 SW 93rd Ave. Tigard, OR 97224 639-9276 :7 J vsN .t7 g kifm. wvu\d 0ff(eCo..t L . g ►Y F CoQ∎e.s o. i-k►s 1Qfiter u)9.,ce Mach ctk\ e11_ act u.4.G10Ne TO cuvAck I n a ti(o{� cu\cL _?ctcad� 66 ✓yP' 1 . 5 IFLX (ifosfamide •for injection) Mesnex®(mesna)Injection Please see accompanying official product circulars for full prescribing information. F ulia Hajduk-Quello Weddings.doc Page 1 • • • • i Concerns re weddings held in the Quello's yard: A. Impact on my personal life Weddings and Receptions are held a few feet from my adjoining property line,much closer to my house than to the Quello's own home which is on the other side of their property.,A tent(commercial size) was-erected on their property most of last summer blocking my view of the surrounding trees. The noise can be well heard in my living room and children's bedrooms which face their property to the point that I • have had to leave the home during most receptions as music has been provided in a"live"format or by DJ's. I have had to telephone the home at 10pm or later about the music as I work weekends and have to get up at 4:30 am. If I need to take my children to a daycare,they(ages 5 and 9)have to get up at 6am. One weekend my children were ill. We rented a Star Wars video and were still able to hear the music in the living room over the sound of the video.Sometimes the sidewall of the living room vibrates depending on how loud the bass is in the music. We can watch the receptions from my daughter's bedroom window. Last spring,one of Mr.Quello's trees fell into my yard and destroyed the fence seperating our properties. Due to my finances,it was several months before the fence was replaced. During that time,I found numerous champagne corks in my yard. I now have a new deck but casual entertaining on a Saturday is • out of the question as we never know if the wedding will be afternoon or evening. My friends or children would not be able to enjoy the ambience of our own yard due to the noise. B. Legal Issues I am concerned that there was an article in the Tigard Times Home and Garden section,March 30th,that features the Quellos and is what I consider soft advertisement for an activity not yet legal.There is even a phone no.if anyone is interested in garden weddings. They have been haveing weddings at least 2 years without a business license for same. Last I knew,Mr.Quello had a Lutheran church in Beaverton and is not prevented from having weddings there. The house is not property of the church as far as I know. He represents the weddings as a legitimate business and I was surprised when I went to City Hall to inquire re a fence permit that his business permit was for the flower farm only. Mr.Quello attempted to get me to build an 811 fence to provide more privacy for the weddings. He talked with an estimator who came at his request onto my property when I wasn't home and asked for drawings for and 8 ft fence. When I found out I would need a permit(the fence was on my property), I told him no. He then attempted to talk to the estimator privately(I had to follow them around the yard)on the estimator's second visit,about putting in 8 ft uprights and that he would build the extra 2 feet on top • my fence at a later date. The estimator seemed unsure of Tigard code,but I told him I still needed a permit, . the original fence was 6 ft and the new one would be 6 ft. C. Impact on the Neighborhood There is parking enough for approx.6 total vehicles on the Quello's property. Wedding guests have been parking along side the road adjacent to the high school athletic fields. There are safety issues as there are usually quite a few guests and they don't walk to Waverly and then cross the street but"jay walk" Alcohol is served at some of the weddings and the guests sometimes stumble in the easement in my • • sideyard next to 92nd. There are no public bathrooms that I have seen set up. Again,there is the noise issue and we never know when to expect it. This is after all a residential neighborhood,not one zoned for business activities and Mr.Quello certainly isn't doing these weddings for free. I doubt that any celebrants are his parishioners. Submitted by Karen L. • Butler • 9220 SW Millen Dr.(Lot 13,Kneeland Estates) • Tigard,OR 97224 • 503-620-4007 • • • RECEIVED JUL 14 2000 July 13, 2000 COMMUNITY DEVELOPMEN1 City of Tigard Planing Commission Attn.: Julia To Whom It May Concern, As Center Supervisor of the historic Jenkins Estate in Aloha and Fanno Farmhouse in Beaverton, I am writing to you regarding the proposed usage of the QuellzHouse. The west side of Portland is in desperate need of wedding/garden party facilities during the summer months. Our facilities are booked a year in advance and there are no options for such a site if our locations are unavailable. It is foolish to send the community to the other side of town so that they can wed in a garden setting. In addition, the value of restoring and utilizing a historic facility is significant when you consider how few historic places are available to the public in any manner. An opportunity to visit the Quello House as a guest is a chance to step back in time and appreciate an era we no longer comprehend. My family and I are also neighbors who live three houses from the Quello's. I cannot imagine what concerns there would be by allowing these types of events to take place in their home and on their grounds. Parking is a nonissue as there is more than ample space available to them across the street. Noise ordinances are in place that would preclude them from being a disturbance as well as the self-imposed limitations they're offering. I would like to go on record as supportive of their venture and also applaud their desire to serve the public in such a desirable manner. Due to a lack of funding, much of the preservation and restoration of historic facilities has fallen to private individuals. This can be very costly and time consuming. I admire their willingness to share their residence after doing so much to see that the residence was returned to its original elegance. Sinc ely, Oelt Debbie D. Scho 9023 SW Waverly Drive Tigard, OR 97224 • RECEIVE!" JUL 1 4 2000 0-7) COMMUNITY fO Th.& 6\ 1j Trat-d Pia<t- 1l:9M 7)1t. . a„efn., 4v71-;:;-; /07 :4€700te- rott-7 tql 1)417 i&/,c avjedonj VL / 4J 77/vs aeci/ , ge-wfooriv- _ w/telot eci Lu7. ?:5 _._ t A r 07-df;e24--i-lee,,e.„ 44"24...Ltd Ad/oiev. __ u€K,L-f 749 r:e c o /21,4 (),24,-)e. cd Ae7 ceitmgry d 7 7lue , ficide1)071- iii4,4 . 9fie,v2i c 717 t, niril"M"J ?sip in/ ff. UP /?e., a je cif CC4/2714- Sw-1 •6& av 0' a/711-(d/ 5ee /et- etzio:9 • • RECEIVED PLANNING July 11, 2000 JUL 13 2000 CITY OF TIGARD Ms. Julia Powell Hajduk Staff Planner City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97224 Dear Ms. Hajduk: Thank you for returning my call in regard to the 7/17/00 Planning Meeting Notice of Dan Quello's request to amend the Community Development Code to conditionally allow Weddings and Bed&Breakfast establishments in all Historic Overlay zones. I am unable to attend this meeting, but as a neighboring resident since 1986, I offer these sentiments. I do not favor any change to the Community Code to allow the Quello property to be utilized for Weddings or Bed &Breakfast use. After a three year test of June - September weddings with a frequency of sometimes 3 per weekend, it has not been a harmonious mix of residential and business use. The transient traffic, the loud music, the frequent late night celebrating and the requested interruption of normal maintenance activities to accommodate weddings is unreasonable to residents and to people being married. The neighborhood surrounding the Quello property and located near Tigard High School stadium and Cook Park already bears its share of stressful public activity. Year round activities include: antics, garbage and reckless driving from high school traffic; noise, parking, and transient traffic from stadium events such as soccer, football, tree sales, graduation, 4th of July, baseball, etc.; and street closure, noise, speeding and transient traffic from the Balloon Festival and Cook Park activities in general. As the use for these public areas continues to grow,the neighborhood will be challenged to retain its residential quality. Sanctioning any business that encourages additional stress due to increased transient traffic, partying noise or expectations that neighbors will limit their activities would be ignoring the needs of the residential community. I urge you to vote against any change to current Community Code that would benefit a single resident over the interests of the neighborhood. Sincerely, Cheryl Cappelli 16405 SW 93rd Avenue Tigard, Oregon 97224 .REnUEST eF, K COMMENTS 111 A REQUEST FOR COMMENTS F���� CITY OF TIGARD Community cDeveCopment ShapingA Better Community DATE: May 18,2000 RECEIVED PLANNING TO: Nadine Smith,Advanced Planning Supervisor FROM: City of Tigard Planning Division JUN 1 6 2000 STAFF CONTACT: Julia Powell Halduk, Associate Planner(1(4011 CITY OF TIGARD Phone: (5031639.4171/Fax: (5031684-1291 • ZONE ORDINANCE AMENDMENT[ZOA]2000-00001 ➢ CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES < The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 1,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. • PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. C erniv ,� Written comments provided below: 0 ' ,, I n co 91".(L'' • (Please provide the foffowing information)Name of Person(s)Commenting: I Phone Number(s): I 0 • RECEIVED PLANNING REQUEST FOR COMMENTS MAY 2 4 204y OF TIGARD Community Development CITY ogl4Agfyi Better Community DATE: May 18,2000 TO: Scott King or Brent Curtis,Washington County Dept.of Land Use a Transportation FROM: City of Tigard Planning Division RECEIVED STAFF CONTACT: Julia Powell Haiduk, Associate Planner 11(4071 MAY 19 2000 Phone: 1503)639-4171/Fax: [503)684-7291 PLANNING DIVISION Land Use &Transportation ZONE ORDINANCE AMENDMENT[ZOAI 2000-00001 ➢ CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED &BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES < The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 1,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it.. Please contact of our office. Please refer to the enclosed letter. - )' Written comments provided below: - , The proposal to allow weddings in historical structures could result in negative impacts if the facility is located within a residential neighborhood. Parking can be a major issue. If multiple on-site parking spaces are aliowed-(or required) then the parking area can-spoil the character - of historical structure itself as well as having a negative visual impact on adjacent homes. If on-site parking is not provided, and the historical structure is located in a residential area, - then on-street parking could become an issue with the residents in the neighborhood. Weddings are generally held on weekends when Code Enforcement staff are not on-duty, therefore, police would likely be.called if there was a problem. The residents of the city may not consider diverting officers to deal with minor issues (such as loud celebrating) an efficient or cost-effective use of a police officer's time. - Bed and Breakfast establishments have and continue to be a viable use of historical structures in residential areas if the number of rooms that can be rented is strictly controlled. Two to four more cars on most-residential streets can almost always be.accommodated. Signs for B & Bs within residential areas should be prohibited or strictly controlled since area residents often relate signs to commercial activities. A B & B can blend into a neighborhood if signage is not present. )41 q . :4- � 571/ t FLAAw ,, )&- &czn4Ry MATE:KtA LS • • • COMMUNITY PUBLIC HEARING ITEM: r SPAPERS .The following will be considered by the Tigard City Council on Tuesday. December 12th at 7:30 PM at the Tigard Civic Center- 6605 SE Lake Road, Portland,OR 97222• PO Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Box 22109• Portland, OR 97269 Public oral or written testimony is invited. The public hearing Phone:503-684-0360 Fax: 503-620-3433 on this matter will be held under Title 18 and rules of procedure Email: legals @commnewspapers.com adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. Further information may be obtained from the City of Tigard AFFIDAVIT OF PUBLICATION ' Planning Division(Staff contact: Sean Farrelly)at 13125 SW Hall State of Oregon, County of Washington, SS Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to sean @tigard-or.gov. I, Charlotte Allsop, being the first duly sworn, DEVELOPMENT CODE AMENDMENT(DCA) 2006-00005 depose and say that I am the Accounting HISTORIC OVERLAY CONDITIONAL USE CODE AMEND- Mana Manager of The Times(serving Tigard, MENT REQUEST: The applicant is requesting to amend various 9 chapters of the City of Tigard Community Development Code to Tualatin & Sherwood), a newspaper of ; allow meetings and events as a conditional use on properties with general circulation, published at Beaverton, in Historic Overlays and/or on the National Register of Historic the aforesaid county and state, as defined by Places in residential, zones. The following is a summary of the ORS 193.010 and 193.020, that proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and City of Tigard Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to Public Hearing Item allow "Meeting and Event Uses" in residential zones with an • I TT10894 Historic District overlay zone and/or on the National Register of 1 Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING a copy of which is hereto annexed,was DISTRICTS (Table 18.510.1 -Use Table):Add a use category for published in the entire issue of said "Historic Place Meetings and Events" as a conditional use in all newspaper for residential zoning districts that have an Historic Overlay and/or - 1 are on the National Register of Historic Places; and 4). Chapter successive and consecutive weeks in the 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" following issues provision. The full text of the proposed code amendment can be November 23, 2006 I viewed at: http://www.tigard-or.gov/city hall/departments/ cd/code_amendments/historic overlay.asp LOCATION: All resi- Ckvn' dential zones with Historic Overlays. ZONE: All residential ok zo nes with a Historic Overlay Designation. APPLICABLE Charlotte Allso Accounting Mana ) ;REVIEW CRITERIA: Community Development P (Accounting Y p nt Code Chapters •18.120, 18.130).,,18.330, 18.390, 18.510 and 18.740; Comprehensive Plan•Policies 1 and 2; and Statewide Planning November 23, 2006 (Goal 1 Publish 11/23/2006 TT10894 5,,,,,, ,, a, Cwo,cmn NOTARY PUBLIC FOR OREGON My commission expires 1ov %at �co 7 Acct#10093001 r�-�- ti-�-�``---.t�-ti-�-�--- - -�-�-� Attn:Accounts Payable 4.1-„,"14-t,, OFFICIAL SEAL ?) Doreen Laughlin ., SUZETTE I CURRAN 1 1' ;�- NOTARY PUBLIC-OREGON I) City of Tigard �� COMMISSION NO.373063 ) 13125 SW Hall Blvd. 1 MY COMMISSION EXPIRES NOV.28,2007 l) Tigard, OR 97223 - - -•`-`-�� `— -�-`'-`- -�-ha Size:2 x 6 Amount Due $100.20 *Remit to address above A• AFFIDAVIT OF MAILING CITY OF F TIGARD Community rDeve(opment Shaping Better Community STATE OE oEGor ) County of Washington )ss. City of(Tigard ) I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that,I served the following: ❑ NOTICE OF PROPOSED AMENDMENT FOR:Fi (File No./Name Reference) . NOTICE OF ADOPTION FOR: 1 1 (File No/Name Reference) (Date of Public Hearing) ® NOTICE OF WITHDRAW/DENIAL FOR: 1 ZOA2000-0000 I/CODE AMENDMENT TO ALLOW WEDDINGS AND BED& BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES 19/12/2000 (File No./Name Reference) (Date of Public Hearing) • Notice was mailed via US Certified Mail to the following agencies: 0 OREGON DLCD El METRO I ODOT-REGION 1, DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES,PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR., SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 • A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on September 14, 2000, postage prepaid. • 0. Afr I / r A ilerPL fI'son '"e•:red ,�tice) • Subscribed and sworn/affirmed before me on the /6 day of QC , 2000. OFFICIAL SEAL • • c(-v-: SHERMAN S.CASPER � NOTARY PUBLIC-OREGON• COMMISSION NO.323409 A _1 v- - MY COMMISSION-WIRES MAY-13,2003 NO ARY PUBLIC OF OREGON • My Commission Expires:,IW /i, 2603 ,Form 3 • • EXHIBIT A DLCD NOTICE OF DENIAL/WITHDRAWAL This form must be mailed to DLCD as required by OAR 660-18-040 Jurisdiction: City of Tigard Local File No.: ZOA2000-00001 (If no number,use none) Date of Withdrawal/Denial: September 12. 2000 Date Mailed: September 14. 2000 (Must be filled in) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please specify type of action) Summary of Proposed Amendment (Write a brief description of the proposed amendment.) A change to the City of Tigard Community Development Code to conditionally allow weddings and bed and breakfast establishments in all Historic Overlay zones. This Proposal Was: Denied X Withdrawn Briefly State Reason for Denial or Withdrawal: The request was denied because it was found to be an inappropriate use in the residential zones. In addition. it was inappropriate to change all historic zones to address the needs of a single site. Local Contact: Julia Hajduk Area Code + Phone: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard Zip Code+4: 97223-8189 Send this form to the following address: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OR 97301-2540 DLCD File# -• • • 4' 120 DAYS = N/A CITY OF TIGARD Community Devefopment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 Case Name: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES Names of Owners: N/A Name of Applicant: Dan Quello Address of Applicant: 16445 SW 92nd Avenue Tigard. Oregon 97224 Address of Property: All zones with an Historic Overlay designation citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S RECOMMENDATION TO DENY A REQUEST FOR A ZONE ORDINANCE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 17, 2000 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON AUGUST 22, 2000 PRIOR TO MAKING A DECISION ON THE REQUEST. ON SEPTEMBER 12, 2000, THE CITY COUNCIL PASSED RESOLUTION NO. 00-56 FORMALLY DENYING THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND TESTIMONY: Request: > The applicant requested an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. Action: > ❑ Approval as Requested ❑ Approval with Conditions ® Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Owners of Record Within the Required Distance ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator ® The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE DECISION WAS SIGNED ON SEPTEMBER 12,:2000,_AND BECOMES EFFECTIVE ON SEPTEMBER'14, 2000: The adopted findings of fact, decision and statement of.conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON RESOLUTION NO. 00-670 A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT (ZOA2000-00001) TO ALLOW OUTDOOR WEDDINGS AND BED AND BREAKFAST USES IN HISTORIC OVERLAY ZONES WHEREAS,the Planning Commission held a Public Hearing on July 17, 2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation,and WHEREAS, the City Council opened a Public Hearing and heard testimony on the request on August 22, 2000; and WHEREAS,the requested Zone Ordinance Amendment has been reviewed for consistency with applicable City and State criteria; and WHEREAS,the City Council fmds that approving this request would not be in the best interest of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow outdoor weddings and bed and breakfast uses on properties having a historic overlay designation is denied. PASSED: This 1 a 14""‘ day of 5-,1" " ,2000. t 001 ayor-Cityo ig.∎d // ATTEST: CA.C49.11i.eLt tOhea2i21-1- City Recorder- City of Tigard i:\curpin\julia\zoa2000-01 RES.doc • 30-Aug-00/8:36 AM RESOLUTION NO. 00-&, Page 1of1 . • • AFFIDAVIT OF MAILING '. CITY OF TIGARD Community(Development Shaping) Better Community STATE OAF OREGON ) County of Washington )ss. City of Tigard ) 1, Tatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: . (Check Appropriate Box(s)Bebw) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director 0 NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: l / ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council © NOTICE OF FINAL ORDER FOR:E77 ZOA2000-0000 I/CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES j 8/22/2000 AND 9/12/2000 ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council 0 NOTICE OF: (Type/Kind of Notice) FOR: 1 (File No/Name Reference) (Date of Public Hearing,if applicable) A c•e •f the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached, m-rked hibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit";",on Se I_mbe.L 00 I and d:•osited in the United States Mail on September 14,2000, postage prepaid.T'$ ' e•- -d .mice) Subscribed and sworn/affirmed •efore me on the /0 day of °Cr— , 2000. OFFICIAL SEAL /./ =SHERMAN S.CASPER NOT ' ' LI I F i E N =MISSION NO.323409 /v/ /3, acid 3 MY COMMISSIQN.EXPIRES MAY 13,2003 (VIII Commission Expires: • • EXHIBIT A 4 120 DAYS = N/A CITY OF TIGARD Community Development ShapingA getter Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 Case Name: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES Names of Owners: N/A Name of Applicant: Dan Quello Address of Applicant: 16445 SW 92nd Avenue Tigard, Oregon 97224 Address of Property: All zones with an Historic Overlay designation citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S RECOMMENDATION TO DENY A REQUEST FOR A ZONE ORDINANCE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 17, 2000 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HEED A PUBLIC HEARING TO RECEIVE TESTIMONY ON AUGUST 22, 2000 PRIOR TO MAKING A DECISION ON THE REQUEST. ON SEPTEMBER 12, 2000, THE CITY COUNCIL PASSED RESOLUTION NO. 00-56 FORMALLY DENYING THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND TESTIMONY: Request: > The applicant requested an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. Action: > ❑ Approval as Requested ❑ Approval with Conditions ® Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Owners of Record Within the Required Distance ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator ® The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE DECISION WAS SIGNED ON SEPTEMBER :12, 2000, AND.BECOMES;;EFFECTIVE.ON:SEPTEMBER 14,2000: The adopted findings of fact, decision and statement of.conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON RESOLUTION NO. 00-670 A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT (ZOA2000-00001) TO ALLOW OUTDOOR WEDDINGS AND BED AND BREAKFAST USES IN HISTORIC OVERLAY ZONES WHEREAS,the Planning Commission held a Public Hearing on July 17, 2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation, and WHEREAS, the City Council opened a Public Hearing and heard testimony on the request on August 22, 2000; and WHEREAS;the requested Zone Ordinance Amendment has been reviewed for consistency with applicable City and State criteria; and WHEREAS,the City Council finds that approving this request would not be in the best interest of the City of Tigard. ' NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow outdoor weddings and bed and breakfast uses on properties having a historic overlay designation is denied. PASSED: This 'a day of .2000. / t ayor-City o igrdr// ATTEST: 61,t4QA-ZeLe City Recorder-City of Tigard OcurpInyuIia\zoa2000-01 RES.doc 30-Aug-00/8:36 AM RESOLUTION NO. 00-a, : ,. Page 1of1 • • EXHIBIT B Daniel & Jacque Quello ZOA2000-00001 (page 1 of 2) 16445 SW 92nd Avenue CODE AMENDMENT TO CONDITIONALLY ALLOW Tigard, OR 97223 WEDDINGS AND BED & BREAKFAST 9 ESTABLISHMENTS IN ALL HISTORIC OVERLAY ZONES Bruce Vincent Dan Mitchell 825 NE 20th Avenue, Suite 300 16585 SW 92nd Avenue Portland, OR 97232 Tigard, OR 97224 State of Oregon Historic Preservation Office Daniel & Jacque Quello 525 Trade Street, SE 16445 SW 92nd Avenue Salem, OR 97310 Tigard, OR 97224 Karen Butler Sharon Rismiller 9220 SW Millen Drive < 14845 SW 133rd Avenue Tigard, OR 97224 Tigard, OR 97224 Gail Dowler Amanda Lehmann 16515 SW 93rd Avenue 13170 NW Dumar Street Tigard, OR 97224 Portland, OR 97229 Cary Holzwarth Ken Newlin 9240 SW Millen Drive 9680 SW Riverwood Ln • Tigard, OR 97224 Tigard, OR 97224 Larry Galizio Mike Wendley 16455 SW 93rd Avenue 11590 SW Fonner Tigard, OR 97224 Tigard, OR 97223 Don Manghelli Jan Whitehead 16415 SW 93rd Avenue 7103 SW Childs Road Tigard, OR 97224 Lake Oswego, OR 97035 Cheryl Capelli Heather Whitehead 16405 SW 93rd Avenue 9550 SW 91 St Avenue Tigard, OR 97224 Tigard, OR 97223 Tom Schweizer Philip Yount, Treasurer 16425 SW 93rd Avenue Tigard Grange #148 Tigard, OR 97224 11222 SW Cottonwood Ln Tigard, OR 97223 • • Richard A. Smith ZOA2000-00001 (Continued — Page 2 of 2) 16435 SW 93rd CODE AMENDMENT TO CONDITIONALLY ALLOW Tigard, OR 97224 WEDDINGS AND BED & BREAKFAST 9 ESTABLISHMENTS IN ALL HISTORIC OVERLAY ZONES Carol Gifford 9255 SW Millen Dr Tigard, OR 97224 Nancy Labonte 9115 SW Davies Road Beaverton, OR 97008 Sydney Sherwood 10305 SW 87th Tigard, OR 97223 S. Carolyn Long 12345 SW Main St Tigard, OR 97223 Amy Martin 9260 SW Millen Drive Tigard, OR 97224 Mark Padgett 11270SW95th Tigard, OR 97223 Jay Foster 13183 SW 64th Avenue Portland, OR 97219 Martha Fiola 12525 SW Tooze Road Sherwood, OR 97140 Elaine Beauregard Mark Mahon 11600 SW Gallo 11310 SW 91St Avenue Tigard, OR 97223 Tigard, OR 97223 AGENDA ITEM No. 6 Date: August 22, 2000 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (LEGISLATIVE) REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC 1 • • • • AGENDA ITEM No. 6 PLEASE PRINT Proponent-(Speaking In Favor) Opponent-(Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name,Address & Phone No. g(ACIiie,(4 -Dom Mat/194eif 1 o S`-jS c(A) Si t-' /� ��s s``' �'3 i owd G7; Y114rd 177-2-Y T 3 - O 90 631'.F65---3�'•3��s' . Name, Address & Phone No. Name, Address& Phone No. Name,Address & Phone No. \7 M 1 °KE. 1 L Goiro 1 �i to- I C Se 5 s w 92_140 ,12-5 5 svv M i 11ev4 -T l Gi v IDI o✓Z 1-16,4A--ft - Or 117,2-4- 6 @W - 2S 6 ( ct, r) ii'� Name, Address & Phone No. Name, Address & Phone No. Name,Address & Phone No. ,/ life: sw .6. 71- -iii"-- ' OS MI (e� _ , ti 'Auk'WO q Name, Address & Pone No. Name, Address & Phone No. Name, Address & Phone No. /as0S S-43 76e7eRo (1,*O •sto .73e 6, /' o 'rib+le,C-q pe €527,2114 , 6=, .:2 - 5 5.2_/ 6v37-65-77 Name,' ddreesss'&( Phone No. Narrae, Add ss & Phone No. Name,Address & Phone No. �VU�-Gi1P�� �1 ``CCU' Ckr_vu/____ ,Y_IAIAArAll&- -__--] . / q12-(P0 (A)11/41V111: 1i. 130ja )01'k q12-`74 ' 'A;1 iApco -i -g ;` Name, ■ddr- 41 : Pho a No. Name, Address & Phone No. Name, Address & Phone No. 6i..ldh/ -l! j Ga�� /6 s-/6 510 93 'byvc/ ��' p 7/6/1,e D , Da2, q722 V (Fg1A0r/1 09- ligli ULY 01) I to reft ,B av/e I �ear• S� /n�l u 9� zo \// ; gar dt Y, "axq (,p -L/o6-7 • • AGENDA ITEM No..6 PLEASE PRINT Proponent-(Speaking In Favor) Opponent-(Speaking Against) " Neutral , Name, Address & Phone No. Name, Address & Phone No. Na e, Address & Phone No. C71-44111f1-69-4 n---, 0 i70 ,1t4/ f( f • -1(1A/co 'r12 j) b.1f' )11 Name, Address & Phone No. Name, Addres & Phone N Na e, Address & Phone No. Mr20/7 . 0 . \N Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i Name, Address & Phone No. Name,Address & Phone No. Name, Address & Phone No. 1 ' ` Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. • Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. • „a*I 1 • AFFIDAVIT OF MAILING CRY OFTIOAR Community Development S(rapingA Better Community STATE OE OREGON ) County of Washington )ss. City of Tigard ) ° I, 'Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (��aiate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR: 12t7ZOA2000-00001/CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS & BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES / 8/22/2000 . File NoJName Reference) (Date of Public Hearing) — T• igard• of Tigard Planning Director — Tigard Hearings Officer T• igard Planning Commission Z, Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council - ❑ NOTICE OF: (Type/Kind of Notice) FOR: t� I (File No/Name Reference) (Date of Public Hearing,If applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE'S) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhib' , on July 31,2000,and deposited in the United States Mail on Daly 31,2000,postage prepaid. eijIPA (Person t at 'mod No - Subscribed and sworn/affirmed before me on the /0 day of 0C°7"-- , 2000. OFFICIAL SEAL ` 3 SHERMAN S. CAS PER f'� NOTARY PUBLIC-OREGON MY COMMISSION ID(P WIRES NO. 2003 • liPareerl n O -1*- My Commission Expires: &1 lE 2o13 EXHIBIT A NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CRY OF TIGARD Community(Development Shaping Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL,AT A MEETING ON TUESDAY: AUGUST 22. 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE ADOPTION OF AN ORDINANCE. The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP.: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay Designation — Citywide. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIlY IS INVITED. ANYONE WISHING TORESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER AND RECOMMENDATION FROM THE PLANNING COMMISSION, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503) 639-4171,TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. . 'Y(/ 1 City of Ttl City of Tigard -9y c3g �_o���,.a „ 5>. r,. HISTORIC ZONING DISTRICTS DAKOTA ST �'� Note: Labels 1 thru 10 correspond to the numbering system , ST used in the City of Tigard's Designated Historic Sites Listing. ,_.d... RF 1 3���+ WALNUT- N i • � ST yeti !Legend 1 w 00 / ST,7/fFR if, I= Historic Q . — Zoning . •` Districts 4 P. � � � -. ; Tigard ^� �\G' 7 � .um ! City Limits GAARDE ST QP11 = \ MOUNTAIN '� 9,..4! BONITA RD • 1 Lu 8 A o z N 11 BEEF BEND RD. i____, DURHAM �:_ RD `� i DURHAM z :f...__: . V.D I CO G_ • • • EXHIBIT B Daniel & Jacque Quello ZOA2000-00001 (page 1 of 2) 16445 SW 92"d Avenue CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & EAKFAST Tigard, OR 97223 ESTABLISHMENTS IN ALLHISTORIC OVERLAY ZONES Bruce Vincent Dan Mitchell 825 NE 20th Avenue, Suite 300 16585 SW 92nd Avenue . Portland, OR 97232 Tigard, OR 97224 State of Oregon Historic Preservation Office Daniel & Jacque Quello 525 Trade Street, SE 16445 SW 92nd Avenue Salem, OR 97310 Tigard, OR 97224 Karen Butler ' Sharon Rismiller 9220 SW Millen Drive 14845 SW 133rd Avenue Tigard, OR 97224 Tigard, OR 97224 Gail Dowler Amanda Lehmann 16515 SW 93rd Avenue 13170 NW Dumar Street Tigard, OR 97224 Portland, OR 97229 Cary Holzwarth Ken Newlin 9240 SW Millen Drive 9680 SW Riverwood Ln Tigard, OR 97224 Tigard, OR 97224 Larry Galizio Mike Wendley 16455 SW 93rd Avenue 11590 SW Fonner Tigard, OR 97224 Tigard, OR 97223 Don Manghelli Jan Whitehead • 16415 SW 93rd Avenue 7103 SW Childs Road Tigard, OR 97224 Lake Oswego, OR 97035 Cheryl Capelli Heather Whitehead 16405 SW 93`d Avenue 9550 SW 91St Tigard, OR 97224 Tigard, OR 97223 Tom Schweizer Philip Yount, Treasurer 16425 SW 93rd Avenue Tigard Grange #148 . 11222 SW Cottonwood Ln Tigard, OR 97224 Tigard, OR 97223 • • Richard A. Smith ZOA2000-00001 (Continued — Page 2 of 2) 16435 SW 93rd CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & EAKFAST Tigard, OR 97224 ESTABLISHMENTS IN ALBLHISTORIC OVERLAY ZONES C. Gifford 9255 SW Millen Dr Tigard, OR 97224 • Nancy Labonte 9115 SW Davies Road Beaverton, OR 97008 Sydney Sherwood 10305 SW 87th Tigard, OR 97223 S. Carolyn Long 12345 SW Main St Tigard, OR 97223 • 209. 2', --I • • 1 2a 2b Tigard School Dist#23J Tigard Water District. Gregory and Jonette Gleaves 13137 SW Pacific Highway 8841 SW Commercial 10380 SW Canterbury Lane Tigard, Or 97224 Tigard, Oregon 97223 Tigard, Or 97223 • 3a 3b 4 Herman and Patricia Keerins • of Tigar Eric Schutheis 12195 SW 121st 13125 all 11180 SW Fonner Tigard, Or 97223 T' ard, OR 97223 Tigard, OR 97223 5a 5b 6 Mike and Sheila Buchanan James and Sharon Richards David Emami 10525 SW Tigard St. 520 SW 6th#400 3380 Barrington Dr. Tigard, OR 97223 Portland, OR 97204 West Linn, OR 97068 7 8 9 Tigard Grange #148 Kathy Lile Ronald and Mary Soberg 11222 SW Cottonwood Lane 9890 SW Pepper Tree Lane 11333 SW Gaarde Rd. Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97224 10 Quello ' .- • er H. V.• 1644 92nd 4505 ► "' =` :ve ard, OR 9 4 ' •rtland, OR 9721 • • Daniel & Jacque Quello ZOA2000-00001 16445 SW 92nd Avenue CODE AMENDMENT TO CONDITIONALLY ALLOW , Tigard, OR 97223 WEDDINGS AND BED & BREAKFAST 9 ESTABLISHMENTS IN ALL HISTORIC OVERLAY ZONES Bruce Vincent 825 NE 20th Avenue, Suite 300 Portland, OR 97232 State of Oregon Historic Preservation Office 525 Trade Street, SE Salem, OR 97310 Karen Butler 9220 SW Millen Drive C Tigard, OR 97224 Gail Dowler 16515 SW 93rd Avenue Tigard, OR 97224 Cary Holzwarth 9240 SW Millen Drive Tigard, OR 97224 Larry Galizio 16455 SW 93rd Avenue Tigard, OR 97224 Don Manghelli 16415 SW 93rd Avenue Tigard, OR 97224 Cheryl Capelli 16405 SW 93rd Avenue Tigard, OR 97224 Tom Schweizer 16425 SW 93rd Avenue Tigard, OR 97224 • • Naomi Gallucci CITY OF TIGARD 1 1285 SW 78th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 91223 Sue Rorman 11250 SW 82"d Avenue is\curpin\setup\labels\CIT East.doc UPDATED: 12-Apr-00 Tigard, OR 91223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 • Jack Biethan 15525 SW 109th Avenue Tigard, OR 91224 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 • • • • Ed & Fran Egan Ellen Beilstein 14635 SW Bull Mountain Road 14630 SW 139th Avenue Tigard, OR 91224 Tigard, OR 97224 Earl & Marilyn Elias Charlie & Larie Stalzer 13540 SW Village Glenn Drive 14181 SW Juliet Terrace Tigard, OR 91223 Tigard, OR 91224 Craig Minor Carolyn Mirich 14210 SW Windsong Court 15025 SW 141st Avenue Tigard, OR 91223 Tigard, OR 91224 Paul E. Owen CITY OF TIGARD 10335 SW Highland Drive WEST CIT SUBCOMMITTEE Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road is\curpin\setup\labels\CIT West.doc UPDATED: 12-Apr-00 Tigard, OR 91224 Craig Smelter 14900 SW 103rd Avenue Tigard, OR 91224 Joan Best 10105 SW Murdock Lane, #F2 Tigard, OR 91224 Kathy Palmer do John Tigard House 14260 SW High Tor Drive Tigard, OR 91224 Jeanette Phelps 15305 SW Bull Mountain Road Tigard, OR 91224 Jack Biethan 15525 SW 109th Avenue Tigard, OR 91224 . • Sally Christensen Bill Finck 15685 SW 76th Avenue 9235 SW Mountain View Lane Tigard, OR 91224 Tigard, OR 91224 Mary Ann Melvin CITY OF TIGARD 10395 SW Bonanza Way SOUTH CIT SUBCOMMITTEE Tigard, OR 91224 Stephen Bicker 14235 SW 97th Avenue is\curpin\setup\labels\CIT South.doc UPDATED: 12-Apr-00 Tigard, OR 91224 Mark Bogert 14445 SW 100th Avenue Tigard, OR 91224 Twyla Brady 9360 SW Edgewood Street Tigard, OR 91223 Debra Muir 15065 SW 19th Avenue Tigard, OR 91224 Sue Siebold 15314 SW Thurston Lane Tigard, OR 91224 Tim Esav PO Box 230695 Tigard, OR 91281 Jack Biethan 15525 SW 109th Avenue Tigard, OR 91224 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 91224 t • Debra Seeman CITY OF TIGARD 13312 SW aearview Way Tigard, OR 91223 CENTRAL CIT SUBCOMMITTEE Mary Skelton 10355 SW Walnut Street is\curpin\setup\labels\CIT Central.doc UPDATED: 12-Apr-00 Tigard, OR 91223 Kathleen Anderson 12132 SW Lansdowne Lane Tigard, OR 91223 Jack Biethan 15525 SW 109th Avenue Tigard, OR 91224 Don & Dorothy Erdt 13160 SW 12I st Avenue Tigard, OR 91223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 91223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 91224 • • Ala AFFIDAVIT OF MAILING CRY OF TIGARD Community(Development Shaping Better Community • .STATE Off'OREGON ) County of Washington )ss. • City of Tigard ) I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, 'Washington County, Oregon and that I served the following: © NOTICE OF PROPOSED AMENDMENT FOR: I/ ZOA2000-00001/CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED& BREAKFAST ESTABLISHMENTS IN ALL HISTORIC OVERLAY ZONES (File No/Name Reference) ❑ • NOTICE OF ADOPTION FOR: (File No/Name Reference) (Date of Public Hearing) ❑ NOTICE OF WITHDRAW/DENIAL FOR: (File No./Name Reference) (Date of Public Hearing) Notice was mailed via US Certified Mail to the following agencies: • El OREGON DLCD 0 METRO El ODOT-REGION 1, DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES, PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR.,SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on Maya , 0, postage prepaid. io-I‘Z. • . (Person th repare• , •• ice) on the &//da of 2000. Subscribed and sworn/affirmed before me o �D y , ;- OFFICIAL SEAL N..,�''%` DIANE M JELDERKS `•,:::-. NOTARY PUBLIC-OREGON COMMISSION NO.326578 'r/ 44,04.___I MY COMMISSION EXPIRES SEPT.07,2003 iat NOTARY PUBLIC 0 4 G0N • My Commission Expires: 7/7/0-3 • Form, 1 • • DLCD NOTICE OF PROPOSED AMEN 'lj T This form must be received by DLCD at least 45 days prior to the first evi•=t per ORS 197.610, OAR Chapter 660 - Division 18 and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2000-00001 (If no number,use none) Date of First Evidentiary Hearing: July 17. 2000 Date Mailed: May 18:2000 (60 days) (Must be filled in) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." A change to the City of Tigard Community Development Code to conditionally allow weddings and bed and breakfast establishments in all Historic Overlay zones. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A, Applicable Statewide Planning Goals: 1. 2 & 5 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro and ODOT Local Contact: Julia Powell Hajduk Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223- DLCD No.: Form 1 • -.. SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610,OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE,SUITE 150 SALEM, OREGON 97301-2540 COPYTO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT— Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French aastate.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. AFFIDAVIT OF MAILING ` "'A. CITY OF TIOARD • Community rDeve(opment S(tapingA Better Community STATE OE OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City.ofTigard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR: ZOA2000-0000 I/CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES / 7/17/2000 (File No/Name Reference) (Date of Public Hearing) _ City of Tigard Planning Director Tigard Hearings Officer Z Tigard Planning Commission Tigard City Council ❑ NOTICE OF FINAL ORDER FOR:i ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearings) O City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF: (Type/Kind of Notice) FOR: I (File No/Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE'S] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exh-!- ' :",on lune 26,2000,and deposited in the United States Mail on lune 26,2000, postage prepaid. _If „..._ 4 Arlyzed `e •- spare• •tice) Subscribed and sworn/affirmed before me on the I / day of J w (/ , 2000. ::-- - OFFICIAL SEAL SHERMAN S.CASPER > r NOTARY PUBLIC-OREGON . � COMMISSION NO.323409 MY COMMISSION EXPIRES MAY 13,2003 NOTAR PUB IC 0 OREG 1 .,� My Commission Expires: iv/ . I3) 2062 NOTICE'TO MORTGAGEE, LIENHO•R,VENDOR OR SELLER: • EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community CDeve(opment Shaping A Better Community PUBLIC HEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION,AT A MEETING ON MONDAY, JULY 17. 2000 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT[ZOAI 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED &BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP.: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay Designation — Citywide. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING 'PUBLIC ORAL OR WRITTEN TESTIAY IS INVITED. ANYONE WISHING T(' RESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. City of Tigard '�9Y2 1 I g93J c,.—r- ,..... HISTORIC ZONING DISTRICTS N DAKOTA ST '� lu � , Note: Labels 1 thru 10 correspond to the numbering system PFAFFLE ST used in the City of Tigard's Designated Historic Sites Listing. g ?, P_1 GRFFNe l 3 Q Q �a �� ��c j 6 %� I iii u) o `� 4 - Wp,LNUT z .7 ,:6 N r. -ill \ r ST 'y(iN _ Legend w o / ST?/�F/Y Ln Historic Zoning Q ' w Districts 4 °�'p (Tigard ^r.�� City Limits [ Qd" tT__ TO J Q J GAARDE,u ST = _MOUNTAIN '� • 97 BONITA RD ■ Q Lu . . 8 0 , 0, D URHAM RD ._.._` _i P- qt9 BEEF BEND RD- /,_ 1; 10 __ It I DURHAM z —� -- J a - cu.efTi,W ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING 2Qt 1 • EXHIBIT B 1 2a 2b Tigard School Dist#23J Tigard Water District. Gregory and Jonette Gleaves 13137 SW Pacific Highway 8841 SW Commercial 10380 SW Canterbury Lane Tigard, Or 97224 Tigard, Oregon 97223 Tigard, Or 97223 3a 3b 4 Herman and Patricia Keerins • of Tigar Eric Schutheis 12195 SW 121st 13125 all 11180 SW Fonner Tigard, Or 97223 T' ard, OR 97 23 Tigard, OR 97223 5a 5b 6 Mike and Sheila Buchanan James and Sharon Richards David Emami 10525 SW Tigard St. 520 SW 6th#400 3380 Barrington Dr. Tigard, OR 97223 Portland, OR 97204 West Linn, OR 97068 7 8 9 Tigard Grange#148 Kathy Lile Ronald and Mary Soberg 11222 SW Cottonwood Lane 9890 SW Pepper Tree Lane 11333 SW Gaarde Rd. Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97224 10 Quello er H. V • 1644 2°a 4505 ve • ard, OR 9 4 rtland, OR 972 • • Daniel & Jacque Quello ZOA2000-00001 16445 SW 92nd Avenue CODE AMENDMENT TO CONDITIONALLY ALLOW Tigard, OR 97223 ESTABLISHMENTS IN ALBLHISTORIC OVERLAY ZONES Bruce Vincent 825 NE 20th Avenue, Suite 300 • Portland, OR 97232 State of Oregon Historic Preservation Office 525 Trade Street, SE Salem, OR 97310 Karen Butler 9220 SW Millen Drive Tigard, OR 97224 Gail Dowler 16515 SW 93rd Avenue Tigard, OR 97224 • Cary Holzwarth 9240 SW Millen Drive • Tigard, OR 97224 Larry Galizio 16455 SW 93rd Avenue Tigard, OR 97224 Don Manghelli 16415 SW 93rd Avenue Tigard, OR 97224 • Cheryl Capelli 16405 SW 93rd Avenue Tigard, OR 97224 Tom Schweizer 16425 SW 93rd Avenue Tigard, OR 97224 • • Naomi Gallucci CITY OF TIGARD 11285 SW 18th Avenue Tigard, OR 91223 EAST CIT SUBCOMMITTEE Sue Rorman 1 1250 SW 82"d Avenue is\curpin\setup\labels\CIT East.doc UPDATED: 12-Apr-00 Tigard, OR 91223 John Snyder 11100 SW 82nd Avenue Tigard, OR 91223 Jack Biethan 15525 SW 109th Avenue • Tigard, OR 91224 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 • • • • Ed & Fran Egan Ellen Beilstein 14635 SW Bull Mountain Road 14630 SW 139th Avenue Tigard, OR 91224 Tigard, OR 97224 Earl & Marilyn Elias Charlie & Larie Stalzer 13540 SW Village Glenn Drive 14181 SW Juliet Terrace Tigard, OR 91223 Tigard, OR 91224 • Craig Minor Carolyn Mirich 14210 SW Windsong Court 15025 SW 14 I st Avenue Tigard, OR 91223 Tigard, OR 91224 Paul E. Owen CITY OF TIGARD 10335 SW Highland Drive Tigard, OR 91224 WEST CIT SUBCOMMITTEE Beverly Froude 12200 SW Bull Mountain Road is\curpin\setup\labels\CIT West.doc UPDATED: 12-Apr-00 Tigard, OR 91224 Craig Smelter 14900 SW 103rd Avenue Tigard, OR 91224 Joan Best 10105 SW Murdock Lane, #F2 Tigard, OR 91224 Kathy Palmer do John Tigard House 14260 SW High Tor Drive Tigard, OR 91224 • Jeanette Phelps 15305 SW Bull Mountain Road • Tigard, OR 91224 Jack Biethan 15525 SW 109th Avenue Tigard, OR 97224 • . • Sally Christensen Bill Finck 15685 SW 76th Avenue 9235 SW Mountain View Lane Tigard, OR 91224 Tigard, OR 91224 Mary Ann Melvin CITY OF TIGARD 10395 SW Bonanza Way SOUTH CIT SUBCOMMITTEE Tigard, OR 91224 Stephen Bicker . 14235 SW 91r Avenue is\curpin\setup\labels\CIT South.doc UPDATED: 12-Apr-00 Tigard, OR 91224 • Mark Bogert 14445 SW 100' Avenue • Tigard, OR 91224 Twyla Brady 9360 SW Edgewood Street Tigard, OR 91223 Debra Muir 15065 SW 79th Avenue Tigard, OR 91224 Sue Siebold 15314 SW Thurston Lane Tigard, OR 97224 Tim Esav PO Box 230695 Tigard, OR 91281 Jack Biethan 15525 SW 109th Avenue Tigard, OR 91224 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 91224 • • r • S Debra Seeman CITY OF TIGARD 13372 SW Clearview Way Tigard, OR 91223 CENTRAL CIT SUBCOMMITTEE Mary Skelton 10355 SW Walnut Street i:\curpin\setup\labels\CIT Central:doc UPDATED: 12-Apr-00 Tigard, OR 91223 Kathleen Anderson 12132 SW Lansdowne Lane Tigard, OR 91223 Jack Biethan 15525 SW 109th Avenue Tigard, OR 97224 Don & Dorothy Erdt 13160 SW 121st Avenue Tigard, OR 91223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 97223 • Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 91224 • ZOA2000-00001 ADDITIONAL COURTESY MAILING CODE AMENDMENT TO CONDITIONALLY ALLOW (MAILED 7/10/2000) WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN ALL HISTORIC OVERLAY ZONES Tom Schweizer 16425 SW 93rd Avenue Tigard, OR 97224 Cheryl Capelli 16405 SW 93rd Avenue Tigard, OR 97224 Don Manghelli 16415 SW 93rd Avenue Tigard, OR 97224 Larry Galizio 16455 SW 93rd Avenue Tigard, OR 97224 Karen Butler 9220 SW Millen Drive Tigard, OR 97224 Gail Dowler 16515 SW 93rd Avenue Tigard, OR 97224 Cary Holzwarth 9240 SW Millen Drive Tigard, OR 97224 t-"! - NOTICE TO MORTGAGEE,LIENH01110I,VENDOR OR SELLER: • COURTESY MAILING 'THE TIGARD OEVELOPMENT CODE REQUIRES MT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER . CITY OF TIGARD Community(Development Shaping Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION,AT A MEETING ON MONDAY, JULY 17, 2000 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT[ZOAI 2000-00001 FILE TITLE: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED &BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES APPLICANT: Dan Quello APPLICANT'S REP.: Bruce Vincent 16445 SW 92nd Avenue 825 NE 20th Avenue, Suite 300 Tigard, OR 97224 Portland, OR 97232 REQUEST: The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay Designation —Citywide. ZONE: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: . Community Development Code Chapters 18.380, 18.390 and 18.740; Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING 'PUBLIC ORAL OR WRITTEN TESTIIaI�PVY IS INVITED. ANYONE WISHING T RESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. City of Tigard `�-1).- 9,r 19g --- Sync HISTORIC ZONING DISTRICTS N DAKOTA ST ,, Note: Labels 1 thru 10 correspond to the numbering system G PFAFFLE ST used in the City of Tigard's Designated Historic Sites Listing. '- : RE-F&u, P (/ .K. .60 (<, %,„, .6 ' LU H H Q Lr) co Ire—'" Wp,LNUT= 5� i \ ST 'S'(iN Legend w MpJ� SZ/MFR Historic Zoning-zf Q W. \ Districts 4 o Tigard • . g L• . City Limit: GAARDE,3 ST Q _ i MOUNTAIN •D. 9 . BONITA RD w Q o 11111111r4, V13: i1 _ � moo/ y 1 D. i..:,,‘ 1 DURHAM / --_._ BEEF BEND R M RD ;G-_,. i . / r 1 -.T,--' '� _,.____i 1_,----. 1 0 r7 i -.._."\ DURHAM 2 _- \__Zi co W I Cn KT.. ZOA2000-00001/CODE AMENDMENT TO ALLOW WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES NOTICE OF 7/17/2000 PLANNING COMMISSION PUBLIC HEARING trVIVlIVIVIVI I I ty vv..7rrur 1-1■v, ■a••.•• Legal P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 TT 9677 . Legal Notice Advertising •City Of Tigard • ❑ Tearsheet Notice •13125 SW HAll Blvd. • ❑ Duplicate Affidavit Tigard, OR 97223-8199 --.--_.... •Accounts Payable .,.rz Y • The following will be by the Tigard Planning Commission on Monday,July 17,2000,at 7:30 P.M.,at the Tigard Civic Center- Town Hall,13125 SW-1-1a11 B1vd.,;Tigard,Oregon.The purpose of the . 'Commission's review is to make a recommendation to the City Council , ion the request.The Council will also conduct a public hearing on the re',,, AFFIDAVIT OF PUBLICATION I quest prior to making a decision. ., ' •' STATE OF OREGON, ) Public oral and written testimony are invited.The public hearing on this COUNTY OF WASHINGTON, )ss- j matter will be conducted in accordance with Chapter 18.390.060E of the I Tigard Municipal Code,and rules and procedures of the Planning Com- 1,Kat_hSnv'dr mission. being first duly sworn,depose and say that I am the Advertising Further information may be obtained from Julia Powell Hajduk in the City Director,or his principal clerk,of the lizard Times of Tigard Planning Division at 13.125 SW Hall Blvd.,Tigard,Oregon a newspaper of'general circulation as defined in ORS 193.010 97223,or by calling 639-4171. • and 193.020;published at Tigard in the PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT IZOAI 2000-00001 '` aforesaid county and state;that the t`J`∎" ., I. 1•11,i- CO L- -,Ifa; »CODE AMENDMENT TO CONDITIONALLY ALLOW ,f p i,c; a•tinted copy of which is hereto annexed,was published in the WEDDINGS AND BED&BREAKFAST ESTABLISHMENTS h'1 P P IN HISTORIC OVERLAY ZONES« ;en; d entire issue of said newspaper for ONE successive and The applicant is requesting an amendment, tisCarimunity Develop,. "' consecutive in the following issues: ment Code to conditionally allow Weddings and Bed&Breakfast es-: tablishments in all Historic Overlay Zones.LOCATION:All zones•.witli• June 29 2000 a Historic Overlay designation-citywide.'ZONE:Historic()verily' I ()verily'Zones citywide.APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.380,18.390,-and 18.740,Comprehensive Plan Policy 3.7;1,Metro 2040 Plan,and Statewide Planning Goals 1,2 'I/ n and 5. _K,. µ 'r t> . •.•-Y "eirf-' f's',r, • City of Tigard • �J .arch-'. 29tH 0� HISTORIC TONING DISTRICIIS ouror,1sr_-_ ,},: Subscribed and sworn to b re me this ,,,,,w.....,.,;a '....S -- �_,„ s I°P`r`lE-;" .... .ii.',� - fir, / ,. i lye 6-• u rr-, -•: :. Not Public for Oregon -.•.- a3Jl+-`!_-..��ai �� u6o,d• My Commission Expires: �. ` .-'_"�, LI;-' i/ s. �� . `""" AFFIDAVIT .l r.71:-.. . _ ` g i'" • � M1_ .-i*_ , .r- .--- - - 1, ; ::• '' ll / 21,,' 8r • I p i .N, `i a _I :LI Vii.' 'I i w..,w .L_./ ..- ,'. .Pacific Power and Light. The residence is one of the few bungalow farmhouses with a water tower still intact . 6 Joy Theater Zone: C-G(HD) 11959 SW Pacific Hwy. 1S1 35DD 2700 1986 Constructed in 1939, the theater building is significant as an example of the Art Deco/Moderne Style. Substantial exterior alteration, approved by the City, occurred in 1992 . The basic massing and style of the building was preserved and enhanced by the alterations. 7 Tigard. Grange # 148 Zone: C-G(HD) 13770 SW Pacific Hwy. 2S1 3DD 600 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. 8 Seven Gables Upshaw House Zone: R-3.5 (HD) 9890 SW Peppertree Lane 2S1 11CA 15400 1986 The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples . 9 Gaarde House Zone: R-4.5 (HD) 11333 Gaarde Rd. 2S1 3DC 1700 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who established a blacksmith shop in 1893 across the road from Charles Tigard' s store. The house is one of. the few remaining examples of the bungalow style with Craftsman detail. Its significance rests primarily on its association as a landmark of the Gaarde family' s early presence in Tigard. *10 Shaver-Bilyeu House Zone: R-4.5 16445 SW 92nd Avenue 2S114AB 1300 *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family, who contribution to the formation of - the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. * Indicates Listed on the National but not the Local Registry. 411 411 DESIGNATED HISTORICAL SITES CITY OF TIGARD Year Property/Address Tax Lot No. Designated 1 Durham Elementary School Zone: R-12 (HD) 8040 SW Durham St . 2S1 13B 300 1984 Built in 1920, the school is significant in its association with early Oregon pioneer and businessman Albert Durham. 2 John F. Tigard House Zone: R-3.5 (HD) 10310 SW Canterbury Ln. 2S1 11 BC 2600, 2700 1984 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville.. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction.. 3 Ye-Olde Windmill Zone: R-4.5 (HD) 121st St . and Katherine St . 2S1 3BB 6500, 10200 1984 Built in 1909 by Edward Christensen, the water tower stands as a visible testimonial to the surrounding land' s original agricultural use and to the Wood-Christensen families who lived and farmed there . 4 Charles F. Tigard House Zone: R-4.5 (HD) 11180 SW Fonner St . 2S1 3 AC 1700 1984 Constructed in 1902, this is the second house occupied by Charles T. Tigard, the second son of Tigard' s namesake. Charles established the area' s first general store and was involved in other commercial activities. • 5 Tigard Farmhouse and Windmill Zone: R-12(HD) 10525 SW Tigard St . 1S1 34DD 100/101 1986 Built in 1900 ' s, the house is significant due to its association with the Cowgill family. Hal Cowgill, who purchased the property in 1936 , was a long-time employee of ,-,- I , 5_7 --/Ykk City of Tigard Cityof Tigard Lkr--------r---------- Geographic Information System cD7 HISTORIC ZONING DISTRICTS N DAKOTA ST • Note: Labels 1 thru 10 correspond to the numbering system , PFAFFLE ST used in the City of Tigard's Designated Historic Sites Listing. 7 'i7- / Lli < v) co N' Li > 3 ,,,:"--- \NPINUTF-. ,•.' b,$- -4/ w ., ••, tt LLi Z C\1 r- 6'& /1/ / . Legend ..._ 00 / kS'?‘ //fL, Lt.) Rfal Historic LLI 'T , > il CWALIS r apdym,..4 '''''''' •N Zoning Districts 4 / ,_...% 0.......Ccl•wr, • %(' a Tigard • '1J City Limits J _ GAARDE A ST i • -.,.' ' . MOUNTAIN „-:,' ,, 9 -,,7 --., \ BONITA RD II — UJ 2 ..-7' a > I . <1,•,,rp, 141,1N.Iv L.... .... . ';'' ..... • 't 4„,,. 8 e{:. , 0 . • . , .c z c> i CN C9 ,' , A BEEF BEND.RD. i........ ..., , DURHAM RD .%•??' , i / , • rf / I. I LI • Z litr."."'"' • 19 ,..., i l I ■, ...........eoo 1.rni co - L DURHAM , i ..........................— • 5 1 . „ ..• z 1---- \ — ! 0 I I 0 • I CO _. City of Tigard • .......................... City I 1 Ialu HISTORIC Z( NG DISTRICT 1 j 0 .......................... . • • • 5 REQUEST FOR COMMENTS I CITY t OF TIGARD Community<Deve(opment Shaping Better Community DATE: May 17,2000 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Hajduk,Associate Planner 0(401) Phone: (503)639-4111/Fax: (503)604-1291 ZONE ORDINANCE AMENDMENT[ZOA12000-00001 ➢ CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED &BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES < The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation — citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. Attached are the Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 31. 2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Please provide thefolrowing information)Name of Person(s) Commenting:. IPhone Number(s): I • , CI1.IF TIGARD REQUEST FOR COMMITS NOTIFICATION LIST FOR LAND USE a COMMUNITY DEVELOPMENT APPLICATIONS FILE NOIS).: ZOA, ,Zoo, -OOa 0/ FILE NAME(S): ZOA •k gllaw 1,.l aril/t -4 13113 esf A r . CITIZEN INVOLVEMENT TEAMS H . am}• -'4(I,Ir X 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: Central ©East I/South O West ® Q Also Place For Review in Library CIT Book :_ '�. ' -CITY OFFICES. 1.-----LONG RANGE PLANNING/Nadine Smith,Supervisor _COMMUNITY DVLPMNT. DEPT./Dvlpmnt Svcs.Technicians POLICE DEPT./Jim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary lampella,Building Official ENGINEERING DEPT:/Brian Rager,Dvlpmnt Review Engineer _WATER DEPT./Michael Miller,Utilities Manager • CITY ADMINISTRATION/Cathy Wheatley,City Recorder _OPERATIONS DEPT./John Roy,Property Manager ✓ PLANNER—TIME TO POST PROJECT SITE! SPECIAL DISTRICTS ' - . : .. _ ''& ; $; ' . _TUAL.HILLS PARK&REC.DIST.*_TUALATIN VALLEY FIRE&RESCUE * _TUALATIN VALLEY WATER DISTRICT * UNIFIED SWRGE.AGENCY Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15101 SW Walker Road Washington County Fire District PO Box 145 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 91015 Hillsboro,OR 91124 ` ` LOCAL AND STATE JURISDICTIONS r. CITY OF BEAVERTON • _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE _ Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR.97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 . City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 � t/ • _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 L-' ulette Allen,Growth Management Coordinator OR.DEPT.OF LAND CONSERV.&DVLP 333 SW First Avenue Mel Huie,Greenspaces Coordinator(CPA/Z0A) Larry French(Comp.Plan Amendments Only) PO Box 2946 _CITY OF KING CITY* Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY King City,OR 97224 _ OR.DEPT.OF ENERGY(Powertnes in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera Tom Highland,Planning Suite 350, MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 • Salem,OR 97310 17Arent Curtis(CPA) Lake Oswego,OR 97034 _Scott King(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) DOT,REGION 1 * _Mike Borreson(Engineer) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator _Jim Tice(IGA) David Knowles,Planning Bureau Dir. Regional Administrator Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Phil Healy(General Apps.) 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Sr.Cartographer(CPA/2CA)M510 Portland,OR 97204 _Jim Nims(zCA)MS 15 _ODOT,REGION 1 -DISTRICT 2A* Doria Mateja(ZCA)MS 14 Jane Estes,Permit Specialist 5440 SW Westgate Drive,Suite 350 h:\patty\masters\Request For Comments Notification List.doc (Revised: 21-Apr-00) Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL-AGENCIES'•"' `- - . . _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert).Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 • _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann (If Project is within h Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Michael Kiser,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street . Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _GENERAL TELEPHONE _ US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Lori Dorney,Engineering 9480 SW Boeckman Road 220 NW Second Avenue . MC: OR030546 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _TCI CABLE(Apps.E.of Hall/N.of 99W) Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006 Portland,OR 97232 *INDICATES AUIOIAIlC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). ?ED & BREAFAST BACX&ROOAJD/ REs1\ ic N /1/ATERl•4LS S.1. ,e-//sr it t 1 5 r ,A4C5' , ' 6 495 f''''''s' * OA-dos( &AP/Ns? re ,_,,,,: 4. tea°. ac.i.I4 - . MINMEN AM (----- 54∎-.1,1 ;; 0 ! / ... :.# ,, 5. 3 • S' 1 4/ ira -1. s, —_ to rba1 t 7 _— y c6Vc (; s ? — • s . __ WINII A ,1. ir / 1111111111111111 O 14•47-•"1 '47 14- CA"V14°•• INIMIMIMUMMIll 5.0A-Z ' 11111111111111 i -11111111111 7 ? . . .� v2 • ' II l s' ' , _ dl GA S — V/1 l<<Qy Un�►� __ 1111111 a___ ( 6 47 ' 'c.c. , r55-‘ lezr"x FOR-1LoaND Title 33, Planning and Zoning Chapter 33.212 3/1/01 Bed And Breakfast Facilities CHAPTER 33.212 BED AND BREAKFAST FACILITIES (Amended by: Ord. No. 164264, effective 7/5/91; Ord. No. 169324, effective 10/12/95; Ord. No. 174263, effective 4/15/00; Ord. No. 175204, effective 3/1/01.) Sections: 33.212.010 Purpose 33.212.020 Description 33.212.030 Where These Regulations Apply 33.212.040 Use-Related Regulations 33.212.050 Site-Related Regulations 33.212.060 Conditional Use Review 33.212.070 Monitoring 33.212.080 Pre-Established Bed and Breakfast Facilities 33.212.010 Purpose This chapter provides standards for the establishment of bed and breakfast facilities. The regulations are intended to allow for a more efficient use of large, older houses in residential areas if the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner which keeps them primarily in residential uses. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. 33.212.020 Description A. Bed and breakfast facility. A bed and breakfast facility is one where an individual or family resides in a home and rents bedrooms to guests. B. Retail Sales And Service use. In zones where Retail Sales And Service uses are allowed, limited or conditional uses, a bed and breakfast facility is defined as a hotel and is included in the Retail Sales And Service category. 33.212.030 Where These Regulations Apply The regulations of Sections 33.212.040 through 33.212.080 apply to bed and breakfast facilities in the R zones. In the RX and RH zone, where a limited amount of commercial uses are allowed by right or by conditional use, a bed and breakfast facility may be regulated either as a Retail Sales And Service use, or as a bed and breakfast facility under the regulations of this chapter. The decision is up to the applicant. 33.212.040 Use-Related Regulations A. Accessory use. A bed and breakfast facility must be accessory to a Household Living use on a site. This means that the individual or family who operate the facility must occupy the house as their primary residence. The house must be at least 5 years old before a bed and breakfast facility is allowed. 212-1 Chapter 33.212 Title 33, Planning and Zoning Bed And Breakfast Facilities 3/1/01 B. Maximum size. Bed and breakfast facilities are limited to a maximum of 5 bedrooms for guests and a maximum of 6 guests per night. In the single-dwelling zones, bed and breakfast facilities over these size limits are prohibited. C. Employees. Bed and breakfast facilities may have nonresident employees for the lodging activity such as booking rooms and food preparation, if approved as part of the conditional use review. Hired service for normal maintenance, repair and care of the residence or site such as yard maintenance may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited or monitored as part of a conditional use approval. D. Services to guests. 1. Food services may only be provided to overnight guests of a bed and breakfast facility. 2. Serving alcohol to overnight guests is allowed. The proprietor may need Oregon Liquor Control Commission approval to serve alcohol at a bed and breakfast facility. E. Meetings and social gatherings. 1. Commercial meetings. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility. 2. Private social gatherings. The residents of bed and breakfast facilities are allowed to have only 4 private social gatherings, parties, or meetings per year, for more than 4 guests. The private social gatherings must be hosted by and for the enjoyment of the residents. The bed and breakfast operator must log the dates these social gatherings are held. Private social gatherings for 4 or fewer guests are allowed without limit as part of a normal Household Living use at the site. All participants in the social gathering are counted as guests except for residents. 3. Historical landmarks. A bed and breakfast facility which is located in a historical landmark and which receives special assessment from the State, may be open to the public for 4 hours one day each year. This does not count as either a commercial meeting or a private social gathering. 33.212.050 Site-Related Standards A. Development standards. Bed and breakfast facilities must comply with the development standards of the base zone, overlay zone, and plan district, if applicable. B. Appearance. Residential structures may be remodeled for the development of a bed and breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in nature or function are not allowed. Examples of such alterations include installation of more than three parking spaces, paving of required setbacks, and commercial-type exterior lighting. C. Signs. The sign standards are stated in Title 32, Signs and Related Regulations. • 212-2 Title 33,Planning and Zoning Chapter 33.212 3/1/01 Bed And Breakfast Facilities D. Accessory dwelling units. Accessory dwelling units must meet all requirements of Chapter 33.205, Accessory Dwelling Units. 33.212.060 Conditional Use Review Bed and breakfast facilities require a conditional use review. The review is processed through a Type II procedure. The approval criteria are stated in 33.815.105, Institutional and other uses in R Zones. 33.212.070 Monitoring All bed and breakfast facilities must maintain a guest log book. It must include the names and home addresses of guests, guest's license plate numbers if traveling by car, dates of stay, and the room number of each guest. The log must be available for inspection by City staff upon request. 33.212.080 Pre-Established Bed and Breakfast Facilities A. Facilities without a revocable permit. Bed and breakfast facilities that were operating before May 24, 1988 and which did not receive a revocable permit, may continue to operate as an approved conditional use if the operator can show proof that the operation was established through City licensing. The requirements for verification are listed below. 1. The facility was operating with a City business license or was granted exemption from the business license requirement; 2. City transient lodging taxes were paid part or all of the tax period preceding May 24, 1988; and 3. The owner or operator can document that the Portland Bureaus of Planning or Buildings approved the site for a bed and breakfast facility prior to purchase, construction, or remodeling of the facility. B. Alterations and Expansions. The approved conditional use status provided for in Subsection A. above applies only to the number of bedrooms, and size of facility that existed on January 1, 1991. Any expansions of building area or alterations,that increase the intensity of the facility, are not allowed unless approved through a conditional use review as provided in Section 33.212.060. C. Facilities with a revocable permit. Bed and breakfast facilities operating under approved revocable permits are subject to the regulations for revocable permits in 33.700.120, Status of Prior Revocable Permits. 212-3 Hillsboro Zoning Ordinance No. 1945 Section 3. Definitions minimal human operation and maintenance. Automated communication switching facilities shall be considered a utility substation if the total floor area is less than 1,000 square feet. (Added by Ord. No. 4663/4-98.) (6) Bed and Breakfast Inn. A residential building or group of residential buildings with not more than five separate bedroom units for travelers' temporary accommodation, which units do not contain individual cooking facilities, with the lodging price including the price of a morning meal available only to guests of the inn. Additional rooms or structures may be added onto the original building or site provided the total number of bedroom units does not exceed five. If located in a residential zone, owners or innkeepers shall reside on the premises, and the bed and breakfast inn shall be considered a home occupation permitted as a conditional use, subject to the provisions of Section 128A Home Occupations and Sections 78 through 83, Conditional Uses. Bed and breakfast inns are permitted as conditional uses in residential zones only in structures designated as cultural resources on the City's official Cultural Resource Inventory. (Added by Ord. No. 4100/10-92 and Amended by Ord. No. 4856/8-00.) (7) Billboard. See Sign. (8) Boarding, lodging or rooming house. A building where lodging with or without meals is provided for compensation for not less than three nor more than 15 • guests. (9) Building. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but excluding driveways, walks and similar slab construction not exceeding the surrounding ground level by six inches. (10) Capital Intensive Industrial. That portion of an industrial building used for manufacturing, repairing, compounding, processing, or storage that is dependent on automated machinery and/or equipment requiring minimal human operation and maintenance. (Added by Ord. No. 4663/4-98.) (11) Child Care Facility. Any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before or after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation and includes the physical setting, administration, staff, equipment, program, and care of children. (Added by Ord. No. 5168/7-02.) (12) City. The City of Hillsboro, Oregon. • 2 0 RAN (f) Be within 1,000 feet walking distance of a transit facility and have direct access to a street with a functional classification of Neighborhood Collector or greater. For the purposes of this section, a transit facility includes a light rail transit station, or a park and ride lot for transit riders, or a transit center,or a transit stop and their transit improvements, including a bus stop. (H) Community Service structures shall meet the following site development requirements, except for proposed uses in an existing residential structure: (1) Minimum yard setbacks in LDR, TLDR, MDR-12,MDR-24, and CMF: (a) Front yard=30 feet (b) Side yard=20 feet for one-story buildings and 25 feet for two or more stories. (c) Rear yard=25 feet (d) Exception: structures included with a public trail development shall be as required in the district, and, structures fronting a transit street or arterial street shall be subject to the front yard setbacks as required in the district. (2) Minimum yard setbacks in OFR,NC, GC, RTC, SC, CMU, CC, MC, BP, Ll, and Hl: All yards shall be as required in the district. (3) Maximum building height: All building heights shall be as required in the district. (4) Maximum lot coverage in the LDR shall be 50%. (I) Elderly housing shall meet the minimum density, if any, of the underlying land use district and shall not exceed the following maximum density requirements: (1) a maximum of 22 living units per acre in the Low Density Residential and Transit Low Density Residential districts. (2) a maximum of 62 living units per acre in all other land use districts or the maximum allowed in the land use district, whichever is greater. • (J) Bed and Breakfast Inns shall conform and comply with all of the following standards and requirements: (1) The structure used for a Bed and Breakfast Inn shall be designed for and occupied as a single family residence. The structure shall maintain the characteristics of a single family residence. The structure must have been occupied for at least five years of its life as a single family residence before a Bed and Breakfast Inn is allowed. (2) All residences used for Bed and Breakfast inns shall be occupied as the primary residence of the applicant who operates the Inn. The inn must be an accessory use to the primary residence use. (3) A maximum of four sleeping rooms shall be made available for guest occupancy. (4) A minimum of one on site parking space shall be provided for each bed and breakfast guest sleeping room. In addition parking standards normally required for a single family residence will apply. Guest parking shall not be allowed in a required front yard. (5) One on premise sign shall be permitted. The sign shall be non-illuminated and shall not exceed 6 square feet of face area and 3 feet in height above grade. (6) The duration of each guest's stay at the Bed and Breakfast inn shall be limited to no more than 30 consecutive days. City of Gresham Development Code 18.011-9 (5/3/01) (7) All Bed and Breakfast Inns shall be inspected and approved by the City Building Official and Fire Prevention Officer prior to the issuance of an occupancy permit. The inn shall conform to the requirements of the applicable Building, Specialty, Fire and other Codes. Only rooms designed as sleeping rooms shall be used for guest rooms. Each guest room shall be protected by a smoke detector. (8) Bed and Breakfast Inns shall obtain and maintain a City Business License and are subject to the City Transient Lodging Tax. Bed and Breakfast Inns shall obtain and maintain all applicable licenses and permits required by the State of Oregon. (9) If a Bed and Breakfast Inn is not established within one year of the development permit approval date, or if the use of the residence as an Inn lapses for over one year,the development permit shall automatically expire and a new application will be required. (10) If the Bed and Breakfast Inn is found to be in violation of the standards and requirements of this section,the Manager,pursuant to the Type II procedure,may revoke its development permit. (K) Helicopter landing facilities shall meet the following standards: (1) Are permitted in GC,RTC, CC,Ll, Hl,BP Districts, and the Downtown Plan District and the Civic Neighborhood Plan District. (2) Are permitted in the LDR, TLDR,MDR-12,MDR-24, CMF, CMU, SC,MC, OFR and NC Districts as an accessory to a community service use. Only trips which support the community service use are allowed. (3) Repair facilities are allowed only in the Ll and Hl Districts.Minor or emergency repairs and routine maintenance are allowed in all districts. All storage and repair shall be conducted in enclosed building. (4) Refueling facilities are allowed in conjunction with an approved helicopter landing facility. (5) A setback distance of 200 feet shall be required for landing and take-off pads and refueling facilities from abutting Residential Development District,Mixed Use Development District and NC District property lines. A setback distance of 50 feet shall be required for landing and take-off areas and refueling facilities from all other abutting property lines. All setback distances will be measured from the edge of the landing pad. This provision does not apply to landing and take-off pads located on top of a building. Other site improvements shall be consistent with the applicable setback yard provisions of the underlying district. (6) A 20 foot wide landscaped buffer and screening area shall be provided around the landing and take-off pads and refueling facilities. Landscape plantings shall be consistent with the vegetative requirements of the 'C'buffer of Section 9.0100 of the Community Development Code. This requirement is in addition to any buffering and screening required by Section 9.0100 of the Community Development Code. The trees must be located so as to not encroach into an 8 (horizontal)to 1 (vertical) flight path from the landing pad in all directions. This provision does not apply to a helicopter landing facility on top of a building. (7) All take-off, landing, and parking areas shall be surfaced with a dust proof and gravel free material. City of Gresham Development Code [8.01]-10 (5/3/01) Section 3-060 BED AND BREAKFAST REGULATIONS Page 1 of 1 Article 3 GENERAL PROVISIONS Section 3-060 BED AND BREAKFAST REGULATIONS There are two types of bed and breakfast uses defined in this ordinance, a Bed & Breakfast and a Bed & Breakfast Inn. A Bed & Breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the Bed & Breakfast parameters will change a residential use to a commercial use. A Bed & Breakfast Inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a Bed & Breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed & breakfast uses are as follows: (A) Bed & Breakfast (residential). Limited to no more than five (5) rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. The owner is required to live on premise and agree to make available proof of residency. Food service limited to breakfast for guests only and to be served between the hours of 5:00 AM - 12:00 noon. Under no circumstances will an alcoholic beverage license be issued. No less than one off street parking space per rental unit, and a minimum of two parking spaces for the owner. A buffer is required with a minimum height of six (6) feet. One on premise sign, not to exceed twelve (12) square feet, may either be posted on the building or on a post. A post sign may not exceed a height of six (6) feet from the highest point of the sign. A post sign is to be located no nearer than ten (10) feet of the right of way. No signs are to be allowed that are illuminated from within. Post signs may be lit with no more than two (2) spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Sign posted on building may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn using a 1/4 inch scale. A Public Hearing before Mayor and Council is required. This permit is only valid as long as all conditions specified are met. (B) Bed and Breakfast Inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080. • http://www.cityoftybee.org/code/Land Development_Code/Article_3/060.html 8/7/02 f 1 i : . i r .��� „333 0 I .5-r/ ----LILY- - („U ' 6(' -ii--"-:A k.-11 1 K - I 11114,61 r --J • DEFINITIONS 9/4v t Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood". Designation on maps always includes the letters A or V. (ORD 3563) Basement. A space wholly or partly underground, and having more than one-half (1/2) of its height, measured from the floor to its ceiling, below the average adjoining finished grade. ,J Beaverton Comprehensive Plan. The comprehensive plan adopted pursuant to the City of Beaverton Ordinance No. 1800, as now or hereafter constituted. Bicycle Facilities. [ORD 4061; September 1999] Means improvements and provisions which accommodate or encourage bicycling, including parking facilities, maps, signs, bike lanes, multi-use paths, and shared roadways designated for bicycle use. Bicycle Lane (Bike Lane). [ORD 4061; September 1999] Means the area within the street right-of-way designated specifically for use by bicyclists. The same area may also be referred to as a "bike lane." Bicycle lanes are striped and accommodate only one-way travel. Bikeway. [ORD 4061; September 1999] Means any path or roadway facility that is intended for and suitable for bicycle use. Billboard. See "Advertising Structure" Boarding, Rooming or Lodging House. A dwelling or part thereof, other than a hotel, motel or multiple family dwelling, where lodging with or without meals is provided, for compensation, for three (3) or more persons. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. Building Height. The vertical distance from the average elevation of the finished grade to the highest point of the structure. CV '. /460- re . 2-o,e.5 ( Sr rytt_,:,/ 0445-,$ A 4d,Dve) Chapter 90 DF-4 5/5/00 17.56.040 Criteria and standaror conditional uses. • Page 1 of 2 Title 17 ZONING atclen Chapter 17.56 CONDITIONAL USES 4:5. Zoete-5 — �'.�/� b�,j f 'n /4954 17.56.040 Criteria and standards for conditional uses. — /1° r /petzs. or kkticti In addition to the standards listed herein in Section 17.56.010, which are to be considered in the approval of all conditional uses and the standards of the zone in which the conditional use is located, the following additional standards shall be applicable: A. Building Openings. The city may limit or prohibit building openings within fifty feet of residential property in a residential zone if the openings will cause glare, excessive noise or excessive traffic which would adversely affect adjacent residential property as set forth in the findings of the planning commission. B. Additional Street Right-of-Way. The dedication of additional right-of-way may be required where the city plan indicates need for increased width and where the street is inadequate for its use; or where the nature of the proposed development warrants increased street width. C. Churches and Other Religious Facilities. The planning commission may authorize a church as a conditional use if the following dimensional standards are used: 1. Minimum lot area, ten thousand square feet; 2. Minimum street frontage, one hundred feet; 3. Maximum lot coverage, fifty percent for all buildings; 4. Maximum building height, fifty feet; 5. Minimum depth, one hundred twenty-five feet; 6. Minimum setback distance, front yard, thirty feet; rear yard, twenty feet; side yard, twenty feet. Buildings on corner lots shall observe the minimum setbacks on both streets. Side yard and rear yard setbacks shall be increased by five feet for each additional story exceeding two stories or thirty feet, whichever is less. D. Public Utility or Communication Facility. Such facilities as a utility substation, water storage tank, radio or television transmitter, tower, tank, power transformer, pumping station and similar structures shall be located, designed and installed with suitable regard for aesthetic values. The base of these facilities shall not be located closer to the property line than a distance equal to the height of the structure. Hydroelectric generation facilities shall not exceed ninety megawatts of generation capacity. E. Schools. The site must be located to best serve the intended area, must be in conformance with the city plan, must have adequate access, must be in accordance with appropriate State standards, and must meet the following dimensional standards: 1. Minimum lot area, twenty thousand square feet; 2. Front yard setback, twenty-five feet; 3. Rear yard setback, twenty feet; 4. Side yard setback, twenty feet. F. Helipad Landing Facility. In evaluating a conditional use application for a helipad, the planning commission shall consider such matters as the following: 1. Size of runways and landing areas; 2. Approaches and obstructions within the runways and landing areas; 3. Fencing and/or screening to provide visual and noise buffering and to deflect winds or blast due to aircraft operation; 4. Fire protection measures and equipment; http://ordlink.com/codes/oregonci/_DATA/TITLE...117_56_040_Criteriaand standa.htm 06/26/2000 17.56.040 Criteria and standarir conditional uses. • Page 2 of 2 5. Night illumination adequate for operations, and its effects upon surrounding property; 6. Landing markers; 7. Structural adequacy of runways, pads and other structures; 8. Paving and ground cover materials in relation to noise and down wash. G. Residential Care Facilities. 1. In addition to the general provisions of Section 17.56.020, any application shall include a description of the proposed use, including the number of residents and the nature of the condition or circumstances for which care, or a planned treatment or training program will be provided, the number of staff and the estimated length of stay per resident and the name of the agency responsible for regulating or sponsoring the use. 2. Approval of a conditional use application for a residential care facility shall include the following minimum standards where applicable: a. The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application. b. All residential care facilities shall be subject to design review. Special considerations for this use are: i. Compatibility in appearance with the surrounding area; ii. Provisions of usable on-site open space appropriate to the needs of the residents and the nature of the care, treatment or training provided; iii. Clearly defined property boundaries. H. Bed and Breakfast Inns. Upon approval of a conditional use application for a bed and breakfast inn, the planning commission shall include the following as additional standards and criteria: 1. The bed and breakfast inn shall maintain all applicable licenses required by governmental agencies for the use described in the application. 2. All bed and breakfast inns shall be subject to design review. Special considerations for this use are: a. Compatibility of the structure in appearance with the surrounding area; b. Compatibility of the parking facilities in appearance and circulation of traffic with the surrounding area. Parking facilities shall also comply with Chapter 17.52; c. Compatibility of the signage in appearance with the surrounding area. Signage shall also comply with Chapter 15.28; d. The number of rooms to be used as overnight public accommodations shall not exceed four rooms in an underlying residential zone, or seven rooms in an underlying nonresidential zone; e. The owner/operators shall reside in the bed and breakfast inn, or in a residence adjacent to the bed and breakfast inn. (Ord. 96-1026§3, 1996; Ord. 91-1016 §§1, 2, 1991; prior code §11-6-4) http://ordlink.com/codes/oregonci/_DATA/TITLE.../17_56_040_Criteria and_standa.htm 06/26/2000 • • Page 1 of 4 A. City of Portland • 4,(. r .+ .-1 j Bureau of Planning li k , 7 '�"" 'r:Ae)+" "� 1900 SW 4th Avenue,Suite 4100 1.rt' *-� t Portland,OR 97201 xif CHAPTER 33.212 BED AND BREAKFAST FACILITIES (Amended by Ord. No. 174263, effective 4/15/00.) Sections: 33.212.010 Purpose 33.212.020 Description [3.212.030 Where These Regulations Apply 33.212.040 Use-Related Regulations [3.212.050 Site-Related Regulations 33.212.060 Conditional Use Review 33.212.070 Monitoring 33.212.080 Pre-Established Bed and Breakfast Facilities 33.212.010 Purpose This chapter provides standards for the establishment of bed and breakfast facilities. The regulations are intended to allow for a more efficient use of large, older houses in residential areas if the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner which keeps them primarily in residential uses. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. 33.212.020 Description A. resides and a home breakfast and cilits bedrooms a d breakfast facility is one where an individual or family 77 r_ es d O B. Retail Sales And Service use. In zones where Retail Sales And Service uses are allowed, limited or conditional uses, a bed and breakfast facility is defined as a hotel and is included in the Retail Sales And Service category. http://www.planning.ci.portland.or.us/zoning/200/212.html 06/26/2000 • • Page 2 of 4 33.212.030 Where These Regulations Apply (Amended by Ord. No. 164264, effective 7/5/91.) The regulations of Sections 33.212.040 through 33.212.080 apply to bed and breakfast facilities in the R zones. In the RX and RH zone, where a limited amount of commercial uses are allowed by right or by conditional use, a bed and breakfast facility may be regulated either as a Retail Sales And Service use, or as a bed and breakfast facility under the regulations of this chapter. The decision is up to the applicant. 33.212.040 Use-Related Regulations A. Accessory use. A bed and breakfast facility must be accessory to a Household Living use on a site. This means that the individual or family who operate the facility must occupy the house as their primary residence. The house must be at least 5 years old before a bed and breakfast facility is allowed. B. Maximum size. Bed and breakfast facilities are limited to a maximum of 5 bedrooms for guests and a maximum of 6 guests per night. In the single-dwelling zones, bed and breakfast facilities over these size limits are prohibited. C. Employees. Bed and breakfast facilities may have nonresident employees for the lodging activity such as booking rooms and food preparation, if approved as part of the conditional use review. Hired service for normal maintenance, repair and care of the residence or site such as yard maintenance may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited or monitored as part of a conditional use approval. D. Services to guests. 1. Food services may only be provided to overnight guests of a bed and breakfast facility. 2. Serving alcohol to overnight guests is allowed. The proprietor may need Oregon Liquor Control Commission approval to serve alcohol at a bed and breakfast facility. E. Meetings and social gatherings. 1. Commercial meetings. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility. 2. Private social gatherings. The residents of bed and breakfast facilities are allowed to have only 4 private social gatherings,parties, or meetings per year, for more than 4 guests. The private social gatherings must be hosted by and for the enjoyment of the residents. The bed and breakfast operator must log the dates these social gatherings are held. Private social gatherings for 4 or fewer guests are allowed without limit as part of a normal Household Living use at the site. All participants in the social gathering are counted as guests except for residents. http://www.planning.ci.portland.or.us/zoning/200/212.html 06/26/2000 • • • Page 3 of 4 3. Historical landmarks. A bed and breakfast facility which is located in a historical landmark and which receives special assessment from the State, may be open to the public for 4 hours one day each year. This does not count as either a commercial meeting or a private social gathering. 33.212.050 Site-Related Standards A. Development standards. Bed and breakfast facilities must comply with the development standards of the base zone, overlay zone, and plan district, if applicable. B. Appearance. Residential structures may be remodeled for the development of a bed and breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in nature or function are not allowed. Examples of such alterations include installation of more than three parking spaces, paving of required setbacks, and commercial-type exterior lighting. C. Signs. Signs must meet the regulations for houses. 33.212.060 Conditional Use Review Bed and breakfast facilities require a conditional use review. The review is processed through a Type II procedure. The approval criteria are stated in 33.815.105, Institutional and other Uses in Residential Zones. 33.212.070 Monitoring All bed and breakfast facilities must maintain a guest log book. It must include the names and home addresses of guests, guest's license plate numbers if traveling by car, dates of stay, and the room number of each guest. The log must be available for inspection by City staff upon request. 33.212.080 Pre-Established Bed and Breakfast Facilities A. Facilities without a revocable permit. Bed and breakfast facilities that were operating before May 24, 1988 and which did not receive a revocable permit, may continue to operate as an approved conditional use if the operator can show proof that the operation was established through City licensing. The requirements for verification are listed below. • http://www.planning.ci.portland.or.us/zoning/200/212.html 06/26/2000 • • • Page 4 of 4 1. The facility was operating with a City business license or was granted exemption from the business license requirement; 2. City transient lodging taxes were paid part or all of the tax period preceding May 24, 1988; and 3. The owner or operator can document that the Portland Bureaus of Planning or Buildings approved the site for a bed and breakfast facility prior to purchase, construction, or remodeling of the facility. B. Alterations and Expansions. The approved conditional use status provided for in Subsection A. above applies only to the number of bedrooms, and size of facility that existed on January 1, 1991. Any expansions of building area or alterations,that increase the intensity of the facility, are not allowed unless approved through a conditional use review as provided in Section 33.212.060. C. Facilities with a revocable permit. Bed and breakfast facilities operating under approved revocable permits are subject to the regulations for revocable permits in 33.700.120, Status of Prior Revocable Permits. http://www.planning.ci.portland.or.us/zoning/200/212.html 06/26/2000 17.04.075 Bed and breakfast inns. Page 1 of 1 01Q.EG-3 Title 17 ZONING Chapter 17.04 DEFINITIONS 17.04.075 Bed and breakfast inns. "Bed and breakfast inns" means a building designed as a single-family dwelling which provides overnight accommodations to the public and which may include breakfast in the charge for the room. "Bed and breakfast inns" do not include motels, health or limited care facilities, boarding houses, group quarters, hostels or rescue missions. (Ord. 96-1026 §1, 1996) http://ordlink.com/codes/oregonci/_DATA/TITLE17/.../17_04_075_Bed_and breakfast_i.htm 8/13/02 B5_s) i g-F-s-R -fp-r- 6.5-1 El 1,1,1 . 1 µ0 me s`A inS . p1/4 .„,,:,,,t,,,...1,,,,,e a,./. la c Dec vPfl--` 'nc C--U P Cj l- (revs' ro S S i FIB 0 OT - \ egKiY\FT" . ! \)� S IL,c,z,... os-,,,) ,-,z5 , 1 ci -rc, (7.c- t,,,,,feiz_ropi c,0,6- 6,c.\ ,Js_ N 0„ 0 T � �essG � G�.�t CGI� a 1 ' S V A �ed�`�or�S s e' a\ v se (�ec;de �a� USA - Qr--\ec,,al o(\ C-d / / /I orb Mingay City of Newberg 538-9421 Planning nplan3 @ci.newberg.or.us $ mid•P..ishvaie s,,..ex�=Ci of Lake Oswe o x635-0290 Plannin ty g g_;, hpisahnv3 @ci.oswego.or.us . V¢�aj i� /J rnet Wegner City of Milwaukie 786-7555 Planning wegnerh @ci.milwaukie.or.us /` • eather Coleman City of Gresham 618-2832 Planning 618-2224 coleman @ci.gresham.or.us yes e"s'Reitz:�::? - City-of Forest Grove �=•992-3233 Planning .992-3202 "Jreitz @ci.forest-grove.or.us edane Turner City of King City 639-4082 1530016 @msn.com Ve'i,l---Yes aJOhnathon Block City of Gladstone 656-5225 Planning glad @sprintone.com „N,rp'Keith Jones City of Sherwood 625-5522 Planning jonesk @.sherwood.or.us :: 'i<evirrS Wuxi City of Hillsboro 681-6154 Planning kevins @ci.hillsboro.or.us t'cS*Kiistine Meyer,:.--= City of West Linn • 657-0331 Planning • kmeyer@ci.west-linn.or.us c-gMark Greenhite Clackamas County 3 • 17 Planning 650-3418 markgre @co.clackamas.or.us achael McCormach City of Portland • : 3-75 Planning_ pdxpin @ci.portland.or.us Merl an Cook City of Oregon City 657-0891 Planning sean @ci.oregon-city.or.us 7....--No '+Stephan Lashbrook •City of Wilsonville •• •682-1011 .Planning lashbrook @ci.wilsonville.or.us , yes-uSteve Conway ••-- , Washington County.,:.846-3833 •Planning - ..steve_conway@co.washington.or.us ` yes ''Steven Sparks City of Beaverton 526-2429 Planning ssparks @ci.beaverton.or.us yQSall Harper City of Tualatin 692-2000 Planning wharper @ci.tualatin.or.us A./ Sillier - I 7 zoij athe k,e. -711 1)3 eir/P • 1) -71 D ____ , D 0-E--- r\ . • ...___----- . _______________ ciiittity-ye......, 09/18/2000 MON 14:11 FAX 503 618 2224 CITY OF GRESHAM - PERMIT Ij001 09/15/2000 14:51 FAX 5036847297 City of Tigard Q001 • FAX TRANSMITTAL TO: GIGI/CITY OF GRESHAM PLANNING DEPT. FAX: 618-2224 . REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed 8i Breakfast uses in residential zones? Ye 5, A-S T YPe I Co L 141(11 nl v s -Di/1 2. If yes; what is the process? (permitted outright, site development review, conditional use) TY P COMM()Nir 5 vim 1 Ekti /7�f - f- d a tt\e) ✓i7 It Ss 0Ax• Aft, 4AS 94.4, -° ct /Y S,[ aVf 3. Are there special restrictions for this use? (#6 of guests or guestrooms, signage, parking, etc.) . c +C•Seri iov &. 0/2 / ( j-/ Xr/tum q SL Pi,ij- �uLS; on o' spy w Pole / z a7 060A/ R s Z vc.F// 4. Are accessory structures allowed to be used as uestrooms? N- -fm No-� � N ELo / z Cam)( i5 aid c2.) — si aC ; ST occ vb -sk s - 5, if accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. N/P --reG se)-(2...Le . M446rV) 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. r0 (ALa w ,t J - • S etZ1 orb Li. 0 I PO -771-8/.. " 4.012 0 TrEz • Lit 5�S (A/ RrSl D --4P-1 bci-fl) L4Se" ?5l 79--1 c7 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name.74.....kkiitre---ei_• - THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE • Please return responses via one of the following methods: e-mail: pattva7ci.tigard.or.us fax: 503-684-7297 • • mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard Tigard, OR 97223 I-\ pIn\patiyMequest for information 2.0c • 09/18/2000 MON 14:11 FAX 503 618 2224 CITY OF GRESHAM - PERMIT 0002 Table 4.0120: Permitted Uses In The Residential Land Use Districts USES LDR TLDR MDR-12 MDR-24 OFR (A)Detached dwellings P P P(on a NP P(on a . lot of lot of record) record) (B)Manufactured homes P P P (on lot NP P(on lot , of of record) record) (C)Manufactured dwelling parks NP P P NP NP (D)Attached dwellings NP NP P F' p4 (E) Single family attached dwellings P5 P P7 P7 P7 (F) Two-unit attached dwellings Ps P P1 P4 , P4 (G)Accessory dwellings P` NP NP NP (H)Community services P P P P P (I)Accessory structures P P P P P (J)Home occupations P P p P P (K)Existing grazing,agriculture or P P P P P horticulture uses (L)Poultry and livestock Pt P3 p£ Pi NP (M)Temporary uses P P P P P (N)Parking or storage of not more than P P P NP NP five motor vehicles per dwelling unit (0)Residential Facility P P P P P (P)Residential Home P P P(On a NP P(On a lot of lot of record) record) (Q)Temporary Health and Hardship NP NP 13 L3 P3 Dwellings (R)Interim office uses in existing - NP NP NP P NP detached dwelling structures (S)Mini-Storage Facilities NP. ✓NP NP P NP (T)Retail trade establishments engaged NP NP NP NP L6 in selling goods or merchandise to the . general public for personal or household consumption such as clothing, computer, and telephone stores (U)Retail service establishments NP NP NP NP L6 providing services or entertainment to the general public such as eating and drinking places and banks _ (V)Offices&Clinics - NP NP NP NP P (W)Other retail trade and retail service NP NP NP NP I b uses which, in the determination of the • Manager are pedestrian-oriented (See page 14.011-4 for Table notes) 14.011-3 (12/99) 09/18/2000 MON 14:11 FAX 503 618 2224 CITY OF GRESHAM - PERMIT CJ 003 y •j. City of Gresham 1333 NW Eastman Pkwy. Gresham,Oregon 97030 Article VIII Telephone 503-618-2832 Special Uses Section 8.0100 Community Services General 8.0101 Community Service • Type I - IV Community Services 8.0110 Type I Community Services 8.0111 Type H Community Services 8.0112 Type III Community Services 8.0113 Application for a Community Service Permit 8.0114 Design Review and Approval Criteria for Community Services Development Requirement 8.0120 Introductory Provisions 8:0121 Standards 8.0122 Requirements General 8.0101 Community Service • In addition to development intended for a land use district,there are community services that are appropriate in a particular area because of social or technical needs. The approval of a community service is for a specific use. Any change or expansion of a use approved under the Type II procedures shall be subject to approval of the Manager. Type I - IV Community Services 8.0110 Type I Community Services The following community services may be approved under the Type I procedure: (A) Recycling drop box when located in a commercial or industrial land use district and where the box is located not closer than 500 feet of a residential structure. (B) Transit bus shelters under 100 square feet in floor area. (C) Temporary buildings for a real estate office in a new subdivision for the sale of homes within the subdivision and temporary space while a permanent structure is being constructed. [8.011-1 (2/99) 09/18/2000 MON 14:11 FAX 503 618 2224 CITY OF GRESHAM - PERMIT ll00.4 (D)Minor utility and public facilities, including soil treatment facilities, where the facilities are treating existing,on-site soils; diversion structures and pump and lift stations; wellheads, pump stations, water purification facilities not exceeding 1,000 sq. Ft. Of building area and not exceeding the maximum building height of the underlying district; water storage facilities not occupying more than 1,000 sq. ft. of site area,and not exceeding the maximum building height of the underlying district. (E) Portable classroom for an existing public or private school. (F) If an alternative plan for a required buffer is proposed, as permitted under Section 9.0I 10, the community service for(D)and(E) above shall be processed under the Type IT.procedure 8.0111 Type II Community Services The following community services may be approved under the Type II procedure: (A) Emergency service facility such as a fire station or ambulance service. (B) Public urban plazas and public walking/hiking trails with associated trail access points and trailheads. (C) Public neighborhood parks (D) Buildings used for religious worship. with seating for 300 or fewer persons within the principal place of assembly. (E) Cemetery, crematory, mausoleum, mortuary, or funeral home. (F) Public or private elementary school, academically accredited by the state of Oregon, proposed for development in any district other than the Downtown Plan District or the Civic Neighborhood Plan District. (G) Boat moorage, marina or houseboat moorage_ (H) Adult or senior center. (I) Community food or non-profit hot meals service. (J) Major utility structures, including,but not limited to substations, telephone switching stations, and other facilities required for the transmission of power or communications_ (K) Sewerage or drainageway system structures, including but not limited to pump stations, or sewage or stormwater treatment plants. (L) Water system structures, including, but not limited to treatment plants, storage reservoirs, pump stations, or other major facilities associated with the supply or distribution of water. (M) Expansion of an existing Type II community service. (N) Bed and Breakfast inns subject to the standards of Section 8.0121(J)of the Community Development Code. (0) Helicopter landing facility and modification of an existing helicopter landing facility. Modification includes an increase in the number of flights; changes in flight path, number or type of helicopter, hours of operation; addition of refueling or repair facilities; or changes in size or location of landing and take off pads. (I') Medical offices developed in conjunction with a hospital facility. [8.011-2 • (2/99) 09/18/2000 MON 14:11 FAX 503 618 2224 CITY OF GRESHAM - PERMIT 0005 • 8.0112 Type III Community Services The following community services may be approved under the Type III procedure; (A) Public or private high school or college that is academically accredited by the state of Oregon. Schools that are customarily commercial rather than academic in nature such as business, dance, karate, and other instruction schools shall not be located in a residential or office/residential land use district nor approved as community service_ (B) Public or private elementary school, academically accredited by the State of Oregon, proposed for development within the Downtown Plan District or the Civic Neighborhood Plan District. (C) Transit facilities such as park and ride or equipment storage facilities. ' (D) Solid waste transfer stations and solid waste landfills. (E) Campground. (F) .Golf course. (G) Stadium, arena, or auditorium. (H) Public buildings such as, but not limited to,a city hall, post office,or library. (I) Hospital. (J) Theme park. (K) Child care facilities for 13 or more children. (L) Child care facilities for up to 12 children operated by a person other than a resident of the home where the care will be given. (M) Private club, fraternal organization,or lodge. (N) Resort. (0) Drug and alcohol treatment facility. (P) Elderly housing. (Q) Expansion of an existing Type 111 Community Service. (R) Public community parks. (S) Public multi-use paths with associated trail access points and trailheads. (T) Buildings used for religious worship,with seating for over 300 persons within the principal place of assembly. (U) Commercial parking facilities_ (V) Electrical generating facilities (W) Recycling facilities, including drop-box transfer stations,transfer stations, recycling collection sites, and recyclables recovery facilities. [8.01]-3 (2/99) . 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT I1 006 8.0113 Application for a Community Service Permit A community service is subject to approval pursuant to Sections 8.0101 through 8.0114, unless it has been excluded from development permit requirements by Section 11.0102. An application for the proposed development shall provide facts and.evidence sufficient to enable the approval authority to make a determination in compliance with the criteria set forth in Section 8.0114,of the Community Development Code. 8.0114 Design Review and Approval Criteria for Community Services (A) Most Community Services require submission of a Site Design Review application as provided by Article VII of the Community Development Code. Type I Community Services and the following uses are exempt from site design review and public facilities requirements: (1) Child care facility for 12 or fewer children and adult foster homes within an existing residential structure. (2) Recycling drop box. (3) Expansion of the floor area of a community service use by less than 2,000 square feet. (13) An applicant shall provide a narrative that details how the proposal fulfills the applicable requirements found in Article VII and is designed to be as compatible with the surrounding land uses as possible and measures are taken to mitigate any unavoidable negative impacts. Factors to be considered include: (1) location of parking and loading, and effects on off-site parking; (2) generation of high amounts of traffic; (3) street access points; (4) buffering and screening to protect privacy; • (5) noise or illumination controls; (6) structure height; (7) hours of operation; (8) crime prevention; (9) visual elements(e.g., scale, structural design and form, materials); (10) signage; (I I) noxious odors; • (12) lighting; (13) effects on air and water quality; (14) potential for glare,noise and dust, vibration, and other environmental effects which may disturb neighboring property owners; (15) other impacts which are unique to the specific use. • [8.01]-4 (2/99) 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT lJ 007 • • (C) An applicant for a helicopter landing facility shall also: (1) Provide an acoustical and mitigation plan report which details the design and measures to be taken which will minimize noise impacts to noise sensitive units as defined in Article 7.20.Noise Control Code of the Gresham Revised Code. The report, at a minimum, shall discuss and make recommendations for best management practices concerning preferred approach/departure flight paths; preferred approach/departure path slopes; preferred approach/departure air speeds; preferred times of use; nearby existing natural flight corridors such as freeways and industrial areas that the helicopter landing facility may utilize; and other relevant factors. The plan must include a discussion of the existing physical factors, such as topography and proposed physical barriers, such as • walls, fences, structures or vegetation, and how these factors would be used to reduce noise impacts. The report shall be prepared by a professional consultant experienced in airport noise evaluation and federal and state airport noise standards. The report shall include the proposed hours of operation; the number, type and size of aircraft to be located at or expected to use the site; maximum number of helicopter trips on a daily, weekly, and annual basis and the purpose of the helicopter trips and an approach/departure flight path plan showing proposed flight path locations, widths, lengths and slopes. (2) Demonstrate that an application has been made to the Oregon Department of Transportation,Aeronautics Section, by submitting a copy of the helicopter application made to OAD which identifies the following: direction, angles,and number of approaches; helipad size and surface; nearby obstructions; lighting and markings; tie-downs; number of trips; location; and fencing. (D) An applicant for an elderly housing community service use shall demonstrate that there is a need for the facility in the vicinity of the proposed site and submit a market feasibility analysis as part of the applicant's showing that there is such a need. The "vicinity"shall be defined by the applicant; however,the burden shall be on the applicant to demonstrate that the vicinity chosen is one that is reasonable and appropriate for the project, based on its size, the type of housing included in the project and the existence of other similar projects in the target market (E) An applicant for a public walking/hiking trail or public multi-use path including associated trail access points and trailheads shall provide narrative and plans that demonstrate consistency with applicable provisions of the Gresham Trails Master Plan Chapters 7 and 10. If the application includes a surface parking lot it shall be consistent with Section 9.0823 except that the applicant may prepare an alternative landscaping plan and specifications which meets the intent of the requirement in Section 9.0823(C)(1),(2)and (3) and the general intent of the Gresham Trails Master Plan that planting for buffer, screening and revegetation shall be of native plant species compatible with and blending with the natural surroundings. The Buffering and Screening Requirements of Section 9.0100 shall apply except in the following situations: where the proposed trail development is more than 30 feet from an abutting property line, or where the abutting property is an open space parcel,or where the proposed trail development abuts a street right-of-way. When buffering and screening is required an alternative buffering and screening plan may be submitted for approval. Such alternative plan shall be designed to afford the degree of desired buffering and the general [8.011-5 (2/99) 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT [ j008 • intent of the Gresham Trails Master Plan which states that planting for buffer, screening and revegetation shall be of native plant species compatible with and blending with the natural surroundings. The application is exempt from the following Site Design Data Requirements: 7.0102(A)(1Xb) is limited to the trail development area and trailheads; 7.0102A)(1)(e)and (A)(2)(d) is limited to trailheads; and 7.0102(A)(2)(j). The application is exempt from the following Site Design Criteria and Standards:_7.0211: Al; A2; AS, A6, lle; B, andC. Development Requirements 8.0120 Introductory Provisions The Community Development Code identifies uses which because of their social or technical need can be located in most areas within the city. 8.0121 Standards Community Services shall be located in conformance with the following standards: (A) Adjacent land uses: Solid waste transfer stations and solid waste landfills, sewage treatment plants, electrical generating facilities, or stadium shall not be located in or adjacent to residentially designated land. (B) Solid waste transfer stations,solid waste landfills, campgrounds, and golf courses are not permitted in the Downtown Plan District, the Civic Neighborhood Plan District, the Station Center District or the Rockwood Town Center District_ (C) Except as provided in subsection (D), below, the following community service uses are prohibited in the Light Industrial, Heavy Industrial, or Business Park Districts: --Temporary buildings for residential real estate sales -- Public urban plazas, public neighborhood parks, and public community parks -- Buildings used for religious worship -- Cemetery,crematory, mausoleum, mortuary, or funeral home — Public or private elementary school academically accredited by the State of Oregon — Boat moorage, marina or houseboat moorage --Adult or senior center -- Bed and breakfast inns [8.011-6 (2/99) • 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT Z009 • -- Medical offices developed in conjunction with a hospital -- Public or private high school or college that is academically accredited by the State of Oregon • --Campground --Golf course -- Hospital • -- Private club, fraternal organization,or lodge • -- Resort -- Drug and alcohol treatment facility --Elderly housing -- Commercial parking facilities (D) Notwithstanding provisions of Section 8.0121(C), public elementary schools, public high schools, public urban plazas, public parks,and buildings used for religious worship may be permitted in the BP, HI,and LI districts when an applicant demonstrates that title for the parcel(s)where the facility is to be developed was held by the governing body for the applicant as of the effective date of this ordinance. In addition,notwithstanding provisions of Section 8.0121(C), the City Council, after a de novo Type III hearing before the City Council without prior Planning Commission or Hearings Officer review, may authorize application for a development permit (pursuant to Section 8.0113) for a new, public, elementary or high school in the LI, HI, or BP district when a potential applicant for such a facility demonstrates to the City Council that suitable school sites arc not available outside the LI, HI,or BP district. If the City Council authorizes such application,the appropriate decision making body reviewing the application is authorized to grant the development permit application for a new public elementary school. as a Type II Community Service, or public high school, as a Type III Community Service, in the LI, HI, or BP district, where the application also meets the applicable requirements of the Gresham Community Development Plan. (E) Transportation Efficiency: An applicant for any Type II or Type III Community Service use which will generate 100 or more daily trips shall submit a map depicting the estimated service area. For example, a)for public schools,the estimated service area shall be that geographic area surrounding the proposed location containing 100% of the households to be served by the school; b) for other than public schools,the • estimated service area shall be that geographic area surrounding the proposed location containing a majority of the employees,visitors, members, users,and/or clients,that will travel to the use. The applicant shall also provide findings demonstrating that: [8.011-7 (2/99) 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT lj 010 • (1) The use is centrally located within the estimated service area,as far as is practical; (2) The use is accessible to the estimated service area via a variety of travel modes (pedestrian, bicycle, transit, and auto)and an adjacent transportation system appropriate to the scale of use(regional,community, or local); (3) Travel demand management measures such as the use of alternative modes, ride- share and van-pool programs, or other measures will be employed so as to limit impacts on the existing and planned transportation system adjacent to the location and within the estimated service area; and (4) Related uses supportive of the proposed Community Service,if any, arc located adjacent to the site or within the estimated service area. (F) Commercial parking facilities are not permitted in the LDR, TLDR or MDR-12 districts. (G) Street Access: • (1) Buildings used for religious worship and public or private high schools shall have direct access to a street with a functional classification of Neighborhood Collector or greater. (2) Park& Ride facilities, campgrounds, golf courses,public buildings(such as city hall, post office, library, fire station), private club, fraternal organization or lodge, medical offices(when developed adjacent to a hospital facility),auditorium, exhibition hall,or resort shall have direct access to a street with a functional classification of Collector or greater. (3) Solid waste transfer stations,solid waste landfills, stadiums,arenas, hospitals, or theme parks shall have direct access to a street with a functional classification of Minor Arterial or greater. (4) Elderly housing shall meet at least one of the following standards: (a) Be located in the Station Center District; or (b) Be located in the Downtown Plan District; or (c) Be located in the Rockwood Town Center District;or (d) Be located in the Civic Neighborhood Plan District; or (e) Have frontage on a Transit Street or a Transit Route, as identified in Section A5.400 of the Community Development Code; or (0 Be within 1,000 feet walking distance of a transit facility and have direct access to a street with a functional classification of Neighborhood Collector or greater. For the purposes of this section, a transit facility includes a light rail transit station, or a park and ride lot for transit riders, or a transit center, or a transit stop and their transit improvements, including a bus stop. (H) Community Service structures shall meet the following site development requirements, except for proposed uses in an existing residential structure: (8.011-8 (2/99) • • 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT Qh011 (1) Minimum yard setbacks in LDR, TLDR, MDR-12, MDR-24,and CMF: (a) Front yard=30 feet (b) Side yard=20 feet for one-story buildings and 25 feet for two or more stories. (c) Rear yard=25 feet (d) Exception: structures included with a public trail development shall be as required in the district. (2) Minimum yard setbacks in OFR,NC, GC, RTC, SC,CMU,CC, MC, BP, LI, and HI: All yards shall be as required in the district. (3) Maximum building height: All building heights shall be as required in the district. (4) Maximum lot coverage in the LDR shall be 50%. (I) Elderly housing shall meet the minimum density, if any,of the underlying land use district and shall not exceed the following maximum density requirements; (1) a maximum of 22 living units per acre in the Low Density Residential and Transit Low Density Residential districts. (2) a maximum of 62 living units per acre in all other land use districts or the maximum . allowed in the land use district, whichever is greater. (J) Bed and Breakfast Inns shall conform and comply with all of the following standards and requirements: (I)The structure used for a Bed and Breakfast Inn shall be designed for and occupied as a single family residence.The structure shall maintain the characteristics of a single family residence. The structure must have been occupied for at least five years of its life as a single family residence before a Bed and Breakfast Inn is allowed. (2) All residences used for Bed and Breakfast inns shall be occupied as the primary residence of the applicant who operates the Inn. The inn must be an accessory use to the primary residence use. (3) A maximum of four sleeping rooms shall be made available for guest occupancy. (4) A minimum of one on site parking space shall be provided for each bed and breakfast guest sleeping room. In addition parking standards normally required for a single family . residence will apply. Guest parking shall not be allowed in a required front yard. (5) One on premise sign shall be permitted. The sign shall be non- illuminated and shall not exceed 6 square feet of face area and 3 feet in height above grade. (6) The duration of each guest's stay at the Bed and Breakfast inn shall be limited to no more than 30 consecutive days. (7) All Bed and Breakfast Inns shall be inspected and approved by the City Building Official and Fire Prevention Officer prior to the issuance of an occupancy permit. The inn shall conform to the requirements of the applicable Building, Specialty, Fire and other Codes. Only rooms designed as sleeping rooms shall be used for guest rooms. Each guest room shall be protected by a smoke detector. • • [8.011-9 (2/99) • 09/18/2000 MON 14:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT ai012 • (8) Bed and Breakfast Inns shall obtain and maintain a City Business License and are subject to the City Transient Lodging Tax. Bed and Breakfast Inns shall obtain and maintain all applicable licenses and permits required by the State of Oregon. (9) If a Bed and Breakfast Inn is not established within one year of the development permit approval date,or if the use of the residence as an Inn lapses for over one year, the development permit shall automatically expire and a new application will be required. (10) If the Bed and Breakfast Inn is found to be in violation of the standards and requirements of this section,the Manager, pursuant to the Type II procedure, may revoke its development permit. (K) Helicopter landing facilities shall meet the following standards: (I) Are permitted in GC, RTC, CC, LI, HI,BP Districts, and the Downtown Plan District and the Civic Neighborhood Plan District. (2) Are permitted in the LDR, TLDR, MDR.-12,MDR-24, CMF, CMU, SC, MC, OFR and NC Districts as an accessory to a community service use. Only trips which support the community service use are allowed. (3) Repair facilities are allowed only in the LI and HI Districts. Minor or emergency repairs and routine maintenance are allowed in all districts. All storage and repair shall be conducted in enclosed building" (4) Refueling facilities are allowed in conjunction with an approved helicopter landing facility. (5) A setback distance of 200 feet shall be required for landing and take-off pads and refueling facilities from abutting Residential Development District, Mixed Use Development District and NC District property lines.A setback distance of 50 feet shall be required for landing and take-off areas and refueling facilities from all other abutting property lines. All setback distances will be measured from the edge of the landing pad. This provision does not apply to landing and take-off pads located on top of a building. Other site improvements shall be consistent with the applicable setback yard provisions of the underlying district. (6) A 20 foot wide landscaped buffer and screening area shall be provided around the landing and take-off pads and refueling facilities. Landscape plantings shall be consistent with the vegetative requirements of the'C'buffer of Section 9.0100 of the Community Development Code. This requirement is in addition to any buffering and screening required by Section 9.0100 of the Community Development Code. The trees must be located so as to not encroach into an 8 (horizontal)to 1 (vertical) flight path from the landing pad in all directions. This provision does not apply to a helicopter landing facility on top of a building. (7) All take-off, landing,and parking areas shall be surfaced with a dust proof and gravel free material. (8) Prior to occupancy of an approved helicopter landing facility submit a copy of the Oregon Department of Transportation Aeronautics Section heliport application • approval. [8.011-10 (2/99) • 09/18/2000 MON 14:13 FAX 503 618 2224 CITY OF GRESHAM - PERMIT 1j 013 • • 8.0122 Requirements The following conditions may be attached by the approval authority when necessary to achieve conformance with applicable provisions of Section 8.0100 and to otherwise minimize adverse impacts of the proposed use: (A) Limiting the manner in which the use is conducted including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration,air pollution,glare and odor. (B) Establishing special yard,open space, lot area or dimensional requirements. (C) Limiting the height,size or location of a building or other structure or use. (D) Designating the size,number, and location and nature of vehicle access points_ (E) Designating the size, location, screening, drainage,surfacing or other improvements of a parking area or loading areas. (F) Limiting or otherwise designating the number,size, location,height and lighting of signs. (0) Limiting the intensity of outdoor lighting and require its shielding. (H) Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for its installation and maintenance. (I) Designating the size,height, location of screening and materials for a fence. (Y) Protecting and preserving existing trees,vegetation,water resources, wildlife habitat or another significant natural resource. (K) Limiting the time of operation,or requiring adjustments to the manner or nature of the operation to avoid conflict with adjacent uses. • • • [8.01]-11 • SEP-15-2000 FRI 04: 12 PM CITY OF OREGON CITY FAX NO. 503 657 7892 P. 01 CITY OF O EGO O ,',! CITY . P.O. Box 3040 320 Warner Milne Rd. Oregon City, OR. 97045-0304 Phone: (503) 657-0891 Fax: (503)657-7892 DATE: �J TIME: AM / PM TO: Name: Pa)1/y L I14 (0' er Company: 64e.4 « immitDepartment:_ Fax Number: zyq 7a-f 7 Wil FROM: mgName: Sean Cook tin Company: City of Oregon City Department: Planning Fax Number: (503) 657-7892 (1:10 PAGES IN THIS TRANSMISSION 11>ill 0 (INCLUDING THIS PAGE) et Should you encounter difficulties with this transmission,please call IMMEDIATELY. Thank You! cm) COMMENTS: 0114 mt . - Pi* .,_____ SEP-15-2000 FRI 04: 12 PM CITY OF OREGON CITY FAX NO. 503 657 7892 P. 02 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? YES • 2. if yes, what is the process? (permitted outright, site development review, conditional use) Condition Use Permit, Chapter 17.56. 030 (B). 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) Yes, see question #6. 4. Are accessory structures allowed to be used as guestrooms? Yes 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. Accessory structure must conform to Chapter 17.54.010 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. (ww .pi.oregon-city.ar.us) Chpt. 17.04.075 Bed and breakfast inns. "Bed and breakfast inns" means a building designed as a single-family dwelling which provides overnight accommodations to the public and which may include breakfast in the charge for the room. "Bed and breakfast inns" do not include motels, health or limited care facilities, boarding houses, group quarters, hostels or rescue missions. Chapter 17.56.040 (H). Bed and Breakfast Inns. Upon approval of a conditional use application for a bed and breakfast inn, the planning commission shall include the following as additional standards and criteria: 1. The bed and breakfast inn shall maintain all applicable licenses required by governmental agencies for the use described in the application. 2. All bed and breakfast inns shall be subject to design review.Special considerations for this use are: a. Compatibility of the structure in appearance with the surrounding area; b. Compatibility of the parking facilities in appearance and circulation of traffic with the surrounding area. Parking facilities shall also comply with Chapter 17.52; c. Compatibility of the signage in appearance with the surrounding area. Signage shall also comply with Chapter 15.28; d. The number of rooms to be used as overnight public accommodations shall not exceed four rooms in an underlying residential zone, or seven rooms in an underlying nonresidential zone; e. The owner/operators shall reside in the bed and breakfast inn, or in a residence adjacent to the bed and breakfast inn. 7. Finally, are you the correct contact for clarification questions? Yes. Sean Cook- Oregon City Planning (657-089.1) THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: SEP-15-2000 FRI 04: 13 PM CITY OF OREGON CITY FAX NO, 503 657 7892 P. 03 e-mail: pa y@oi.tigarkor.us fax: 503-684-7297 mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard Tigard, OR 97223 • • PaLuLunsford - Bed & Breakfast Issue Page 1 From: "Pishvaie, Hamid" <HamidP @ci.oswego.or.us> To: "'patty @ci.tigard.or.us"' <patty@ci.tigard.or.us> Date: Thursday,August 31, 2000 5:04:27 PM Subject: Bed & Breakfast Issue Dear Ms. Lunsford: Thank you for inquiring about bed and breakfast(B&B)facilities in the City. Currently, the B&Bs are not allowed in any zone. Over the past several years there have been some discussions as whether to allow these uses in the residential zones; however, the City has not embarked on any Code amendments to address this issue. Please let me you if I can be of any further assistance. Hamid Pishvaie Development Review Manager City of Lake Oswego 380 A Avenue Lake Oswego, OR 97034 (503)635-0294 (503)635-0269(f) Pa Lunsford - Re: Information Res uest Page 1 I From: "James Reitz" <JReitz @ci.forest-grove.or.us> To: <PATTY @ci.tigard.or.us> Date: Thursday, August 31, 2000 3:06:27 PM Subject: Re: Information Request Here you go. Give me a call if you need any clarification (992-3233). • • Patty Lunsford - request for information 2.doc _ mm Page 1 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Yes, permitted in all residential zones. 2. If yes, what is the process? (permitted outright, site development review, conditional use) Up to three guest rooms permitted outright in single-family zones. Greater restrictions in the multi- family (conditional use) and commercial zones, but only because those code sections are out-of- date (a code re-write is in progress). 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) Owner/operator occupied; one parking space per guest room (on-street parking O.K.); one sign allowed up to 4 square feet and 4 feet in height. 4. Are accessory structures allowed to be used as guestrooms? Our code is silent on this issue. 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. N/A. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. See attached. • 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Yes, feel free to contact me on this or any other code-related question (992-3233). (FYI: You didn't ask, but our experience has all been positive. We've had several operating since the early '90s, with no neighborhood complaints about parking, noise, or anything else). THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: Pa Lunsford -Z09840.doc Page 1 I HOME OCCUPATIONS AND BED & BREAKFAST INNS 9.840 PURPOSE AND INTENT OF HOME OCCUPATIONS. (1) It is the purpose of this section to enable persons to establish home occupations in dwelling units that presently exist in residential,commercial and industrial zones. It is also the purpose of this section to regulate home occupations, especially in residential zones,in a manner that will ensure that they are utilized only as accessory uses incidental to the primary residential use of the premises upon which they are found. (Ord. 88-1, 1/25/88) (2) It is the intent of this section that home occupations shall not be inconsistent with nor disruptive to the normal residential usage of the premises nor shall home occupations cause external effects which are detrimental to neighboring properties or are incompatible with the characteristics of the parent zone and especially residential zones. (Ord. 88-1, 1/25/88) 9.841 OPERATIONAL STANDARDS. Home occupations shall be limited to those activities which are customarily carried on within a dwelling,and which are operated entirely within the principal dwelling by a member of the family residing in the dwelling unit as a clearly secondary and incidental use of such dwelling for residential purposes. The home occupation must not change the residential character of the dwelling and shall meet all of the following conditions: (1) Any product produced on-site for sale must be hand manufactured or grown using only hand tools or domestic mechanical equipment. Such domestic mechanical equipment shall not exceed approximately two horsepower per piece of mechanical equipment and shall not exceed a total of approximately six horsepower or a single kiln not to exceed approximately eight kilowatts or the equivalent in a gas fired fixture. (2) There shall be no use of any accessory building or yard space or activity outside of the main building not normally associated with residential use. (3) There shall be no outdoor storage of material or products on the premises. Indoor storage of material or products shall not exceed the limitations imposed by the provisions of the Building,Fire,Health and Housing Codes. (4) The home occupation shall not generate vehicular traffic measurably in excess of that normally associated with single-family residential uses. (5) Not more than 20%of the floor area of the main building shall be used for the home occupation. (6) In residential zones there shall be no exterior indication of the home Pa Lunsford -Z09840doc Page 2�' occupation;no exterior signs shall be used;no other on-site advertising visible from the exterior shall be used which informs the public of the address of the home occupation. Signs for home occupations located in commercial and industrial zones are allowed. Those signs shall have a maximum face area no more than one-half the area allowed for signs in the respective zones. (7) The home occupation shall not cause the elimination of required off- street parking. (8) The home occupation shall not cause any external effect associated with the home occupation,such as increased noise, excessive lighting,or offensive odor, which is incompatible with the characteristics of the residential zone,or in violation of the provisions of any applicable government code. There shall be no illegal discharge of any materials,fluids or gases into the sewer system or any other manner of discharging such items in violation of any applicable government code. (9) There shall be no outside paid employees. (10) Day care facility uses as permitted under this section shall have no more than 12 children,not including resident children, and shall comply with the State regulations for said activities in addition to the provisions of this ordinance. (Ord. 90-12, 11/13/90) 9.842 OCCUPANCY PERMIT REQUIRED. Any person wishing to establish a home occupation within the City shall be required to obtain a business occupancy permit as established in Sections 8-800 to 8-808 of the Municipal Code. The Community Devel-opment Director or his designee in make a decision on an application for an occupancy permit shall give consideration to the operational standards set forth in Section 9.841 of this ordinance,the nature of the proposed home occupation,and the relationship of the premises upon which the home occupation is proposed to be located to neighboring properties. The Community Develoment Director or his designee,if necessary,may impose conditions upon a home occupation as are deemed necessary to meet the purpose and intent of this ordinance. 9.843 STATEMENT OF COMPLIANCE REQUIRED. As part of the application process for a business occupancy permit,the applicant shall be required to sign a statement of compliance for home occupations,which shall be retained in the files of the Community Development Department,wherein the applicant certifies that he is aware of the standards contained in this section and agrees to maintain any home occupation for which a business occupancy permit may be issued in strict compliance with all provisions of this section. No business occupancy permit shall be issued for any home occupation unless a properly executed statement of compliance is first provided by the applicant. 9.844 REVOCATION OF AN OCCUPANCY PERMIT FOR A HOME OCCUPATION. An occupancy permit for a home occupation shall be revoked by the Community Pa Lunsford -ZO9840.doc Page 3 Develoment Director or his designee upon verification of a violation of any requirement of this ordinance,or of any condition or requirement or any permit granted, unless such violation is corrected within 15 days of notice of such violation. 9.845 APPEAL OF HOME OCCUPATION REQUIREMENTS. In the event of the approval or denial of any permit,or the revocation thereof, or of any objection to the limitations or conditions,or the lack of limitations or conditions,placed thereon, appeal may be made in writing to the Planning Commission in accordance with the provisions of Section 9.911 of the ordinance. 9.846 PURPOSE AND INTENT OF BED AND BREAKFAST INNS. This section is intended to: (1) enable homeowners to open their homes to the traveling public, providing guest rooms and breakfast in a home-like atmosphere; (2) diversify accommodations available in Forest Grove in order to promote tourism in the city; (3) give owners of historic homes a means of taking economic advantage of the character and distinctiveness of their properties,encouraging their maintenance and preservation; and (4) accomplish these ends while preserving the residential use of the property and without causing external effects which are detrimental to neighboring properties or incompatible with the character of the underlying zone,especially residential zones. (Ord. 89-10,9/11/89) 9.847 OPERATIONAL STANDARDS. (1) All bed and breakfast inns must be owner/operator occupied. (2) A bed and breakfast inn must provide a breakfast meal in the a.m. hours to overnight guests of the establishment only. (3) The inn shall provide one off-street parking space complying with Section 9.820 for each guest room in addition to two off-street spaces required for the permanent residents. A reduction in the off-street parking requirements and/or standards may be permitted as a conditional use if, during the conditional use process,the applicant shows that: (a) there is adequate and safe off-street parking available to the guests within 300 feet of the inn; or • Patty Lunsford -ZO9840.doc Page 4 (b) in the case of a property listed on the Forest Grove Inventory of Historic and Cultural Resources,there is adequate on street parking available to the guests adjacent to the inn which will not adversely affect neighboring property owners; and provision of the required off-street parking will be detrimental to the historic or cultural value of the site. (4) The inn shall comply with standards governing signs in the relevant zone,except that inns in single-family residential zones may erect one(1)double- face sign(not a roof sign)limited to an area of four(4)square feet per face,which may be indirectly lighted from below by a light source screened from view by the ground surface,evergreen plants, or ornamental features of the sign structure and be in keeping with the residential character of the neighborhood. Free-standing signs shall not exceed four(4)feet in height. (Ord. 89-10,9/11/89) Pa Lunsford - RE: Information Request _ Page 1 . From: Steve Conway <Steve_Conway @co.washington.or.us> To: Patty Lunsford <PATTY @ci.tigard.or.us> Date: Friday, September 01, 2000 12:38:45 PM Subject: RE: Information Request • REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? YES Washington county community development code ?430-63 Home Occupation A home occupation is a lawful activity carried on within a dwelling by a member or members of the family who occupy the dwelling, where the occupation is secondary to the use of the dwelling, for living purposes and the residential character of the dwelling is maintained. Bed and breakfast facilities serving five (5) or fewer persons are permitted as a Type I Home Occupation in all districts except the Institutional, EFU, EFC and AF-20 Districts. Bed and breakfast facilities serving more than five (5)persons are subject to the standards of Section 430-19- Boarding House (including Bed and Breakfast facilities for more than five (5) persons). You can access all referenced code sections with this web site. http://www.co.washington.or.us/deptmts/Iut/plan99/codeword/tocworddocs.htm <http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm> 2. If yes, what is the process? (permitted outright, site development review, conditional use) Type I Home Occupation in all districts except the Institutional, EFU, EFC and AF-20 Districts. Type I ADMINISTRATIVE Type I development actions involve permitted uses or development governed by clear and objective review criteria. Type I actions do not encompass discretionary land use decisions. Impacts have been recognized by the development and public facility standards. The intent and purpose of the District is not a consideration of approval in Type I uses. Generalized summary of steps: 1. Application submitted 2. Decision by Director 3. Staff mails Notice of Decision ti 4. 14 day appeal period Typical Types of Applications (The allowed Type I uses may be different in each land use district.): Accessory uses and structures, home occupations, temporary uses, property line adjustments, forest dwellings, replacement dwellings in natural resource districts and final approvals. Patty Lunsford - RE: Information Re•nest Page 2!, 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm <http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm> • See#1 above and code standards in web link above 4. Are accessory structures allowed to be used as guestrooms? Currently only in transit oriented districts are dwellings allowed in detached accessory structures. If the accessory structure is not greater than 10 feet away from the primary dwelling and attached by a breezeway you could provide bathrooms and bedrooms. See code section below; 430 SPECIAL USE STANDARDS In addition to the requirements of Sections 400 through 425, the following special use standards are provided for specific uses. 430-1 Accessory Uses and Structures Accessory uses and structures support and are subordinate to the use of a site. Accessory buildings and structures shall serve, primarily, those persons regularly and customarily involved with the use and include buildings and structures customarily incidental to a permitted use located on the same lot. Uses identified elsewhere in this Code are not accessory uses. 430-1.1 Residential: (8) An accessory structure is considered "detached" if the distance between the closest walls of the primary building and the accessory building(s) is greater than ten (10)feet; or, if closer than ten (10)feet, the accessory building is not connected to the primary building by a covered structure such as a breezeway. [emphasis added] http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm <http://www.co.wash ington.or.us/deptmts/I ut/plan99/codeword/tocworddocs.htm> click on the above web link and see ?430-117 Single Family Accessory Dwelling Unit 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. Pa Lunsford - RE: Information Re.uest Page 3j 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm <http://www.co.washington.or.us/deptmts/lut/plan99/codeword/tocworddocs.htm> 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Steve Conway [846-3833] or Ross Van Loo[846-3872] THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: e-mail: patty@ci.tigard.or.us <mailto:patty@ci.tigard.or.us> fax: 503-684-7297 mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard Tigard, OR 97223 is\curpin\patty\request for information 2.doc From: Patty Lunsford [SMTP:PATTY @ci.tigard.or.us] Sent: Thursday, August 31, 2000 1:40 PM To: ssparks @ci.beaverton.or.us;jreitz @ci.forest-grove.or.us; Coleman @ci.gresham.or.us; kevins @ci.hillsboro.or.us; wegnerh @ci.milwaukie.or.us; nplan3 @ci.newberg.or.us; sean @ci.oregon-city.or.us; hpishvaie @ci.oswego.or.us; pdxpin @ci.portland.or.us;jonesk @ci.sherwood.or.us; wharper @ci.tualatin.or.us; kmeyer @ci.west-Iinn.or.us; lashbrook @ci.wilsonville.or.us; mgreenheight @co.clackamas.or.us; steve_conway @co.washington.or.us; 1530016 @msn.com; glad @sprintone.com Subject: Information Request I am interested in obtaining any information you can provide me with in regard to Bed & Breakfast uses within your jurisdiction. The attachment to this e-mail contains some general questions that I would like you to take a moment to answer. Thank you for your time and I look forward to hearing back from you soon. 08/31/00 THU 15:09 FAX 001 CITY OF WILSONVILLE COMMUNITY DEVELOPMENT DEPARTMENT 30000 SW TOWN CENTER LOOP E. WILSONVILLE, OR 97070 (503) 682-4960 (503)682-7025 FAX FAX TRANSMITTAL SHEET TO: FROM: r 711-2 G u/I S /!rf `ic e" s, COMPANY: - DATE: g/_5((-c2 FAX NUMBER: PAGES INCLUDING COVER SHEET: 684- -- 72 9 9— PHONE NUMBER: CC: RE: Oa -2- 63 / h s t Gans �n L✓tr�a„�l l f 2 ��f�, • I Q s o URGENT o FOR REVIEW o PLEASE REPLY NOTES/COMMENTS: ( +w Cf— 5'4o.)) Q/ .r.ds t'" Or r7••C 41a/1-&-..J �e b 52k.“4--- 7Sr, 11.Q_ fec1 Cly-tnes f fttrn O k i n 2 w d-0./ -Eder^Q.+1. Goo^z_. QC./►""t's d,ft fie v✓ o1//u1 (L 5 re, yak C•e_s�'iiN o4f .i Od2 / MJ c, /1--s5 oL!Lie. Cirr of _ WILSONVILLE In OREGON 08/31/00 THU 15:09 FAX — — -- . -- - — — -- IJ002 . s ZONING Sections 4.100—.4.141 6. The Accessory Dwelling Unit must be of substantially the same exterior design and architecture as the primary dwelling unit on the property. (.12) Reduced Setback Agreements. The following procedure has been created to allow the owners of contiguous residential properties to reduce the building setbacks that would typically be required between those properties, or to allow for neighbors to voluntary waive the solar access provisions of Section 4.137. Setbacks can be reduced to zero through the procedures outlined in this subsection. A. Examples 1. First example: the owner of one house is allowed to build to the sideyard property line, with no setback,provided that the owner of the neighboring property agrees and that the agreements of both owners are recorded with the deed records for those properties. 2. Second example: the owner of one property is allowed to build a structure, or grow trees that are not solar friendly, shading an adjoining 111 property beyond the amount that is permitted in Section 4.137. B. Standards I 1. The use of the Reduced Setback Agreement procedure does not waive Building Code requirements. The Building Code may require increased firewall standards or increased setbacks on one property as a means of assuring adequate fire separation from the adjoining property. Applicants are advised to work with the Building Division of the Community Development Department prior to filing for approval of a Reduced Setback Agreement. 2. The Reduced Setback Agreement procedure may be used to allow for the construction of common wall units. 3. Property owners using the Reduced Setback Agreement procedure have responsibility for notifying lien holders of the changes, for meeting all requirements of utility providers, and for avoiding conflicts with established easements. 4. The Reduced Setback Agreement procedure shall require the approval of a Class l Administrative Review permit. 5. Owners must provide accurate metes and bounds descriptions of all areas to be covered by non-construction easements. 6. Nothing in this Section shall abrogate any easements or utility locations existing on the subject properties. The property owners are responsible for assuring that easements and utilities are not adversely affected by any construction that is anticipated. (.13) Bed and Breakfasts. A. Purpose. The purpose of this subsection is to provide standards for the establishment of bed and breakfast facilities. These regulations are PLANNING AND LAND DEVELOPMENT ORDINANCE Page 61 I. 08/31/00 THU 15:10 FAX a 003 ZONING Sections 4.100—4.141 intended to allow for a more efficient use of large,older houses in residential areas where the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner that keeps them primarily in residential use. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. B. Description 1. Bed and Breakfast Home. An operation conducted by the owner- occupant of a dwelling in an RA-H,R, or PDR zone, or of a one- or other district permitting residential uses, that provides not more than five (5)rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed fourteen(14)consecutive days. The occupancy of such a bed and breakfast home is limited to two(2) persons or one(1)family per lodging unit or guest room. 2. Operations that would otherwise meet the standards listed above for Bed and Breakfast Homes,but which exceed either the number of rooms available or the length of stay allowed,shall be subject to the same standards as hotels or motels, listed elsewhere in this Code. C. Where These Regulations Apply. The regulations of Section 4.113(13) apply to bed and breakfast facilities in PDR,R, and RA-H zones. D. Conditional Use Review. Bed and breakfast facilities require a conditional use review, as specified in Section 4.184. E. Use-Related Regulations. 1. Accessory Use. A bed and breakfast facility must be accessory to a household living use on the site. This means that the individual or family who operate the facility must occupy the house as their primary residence. 2. Maximum size. Bed and Breakfast facilities are limited to a maximum •of five(5)bedrooms for guests and a maximum of six (6) guests per night. In PDR-1, PDR-2, PDR-3, AND PDR-4 zones, bed and breakfast facilities over these size limits are prohibited. 3. Services to guests. a. Food services may only be provided to overnight guests of a bed and breakfast facility. b. Serving alcohol to overnight guests is allowed. The proprietor may need Oregon Liquor Control Commission approval to serve alcohol at a bed and breakfast facility. 4. Meetings and Social Gatherings. a. Commercial meetings. Activities including luncheons, banquets, parties, weddings,meetings, charitable fund raising, commercial or PLANNING AND LAND DEVELOPMENT ORDINANCE Page 62 08/31/00 THU 15:11 FAX — — ---- — —— a 004 ZONING Sections 4.100—4.141 advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility. b. Private social gatherings. The residents of bed and breakfast facilities are allowed to have only four(4)private social gatherings,parties, or meetings per year, for more than four (4) guests. The private social gatherings must be hosted by and for the enjoyment of the residents. The bed and breakfast operator must log the dates these social gatherings are held. Private social gatherings for four (4) or fewer guests are allowed without limit as part of a normal household living use at the site. All participants in the social gathering are counted as guests except for residents. F. Site-Related Standards. 1. Development Standards. Bed and breakfast facilities must comply with the development standards of the base zone,overlay zones, and plan districts, if applicable. 2. Appearance. Bed and breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house shall be for the purpose of establishing a more commercial building appearance shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business except for the one (1)permitted sign. 3. No cooking facilities are permitted in the individual guest rooms. 4. Food service shall only be provided to guests taking lodging in the bed and breakfast home or inn. 5. In PDR-1, PDR-2, PDR-3 or PDR-4 zones, no bed and breakfast home may be located on a lot closer than five hundred (500)feet from any other lot containing a bed and breakfast home, with only one (1) such establishment permitted per block face. 6. There shall be no more than one(1) sign. Such sign shall not be self- illuminated and shall not exceed six(6) square feet in area. Additional sign requirements described in Section 4.156 of this Code shall be met. 7. Each such use must obtain a Certificate of Occupancy from the Building Official before it commences. 8. Bed and Breakfast facilities must comply with the off-street parking standards for commercial development found in Section 4.155. 9. Bed and Breakfast facilities must comply with the landscaping standards for commercial development found in Section 4.176. (.14) The Planning Director and Development Review Board shall, in making their determination of compliance in attaching conditions, consider the effects of this action on the availability and cost of needed housing. The provisions of this section shall not be used in such a manner that additional conditions, PLANNING AND LAND DEVELOPMENT ORDINANCE Page 63 Pa Lunsford - RE: Information Request Page From: "Meyer, Kristine" <KMeyer @ ci.west-linn.or.us> To: "'Patty Lunsford"' <PATTY @ci.tigard.or.us> Date: Friday, September 01, 2000 11:13:26 AM Subject: RE: Information Request I filled out your survey. In addition, please refer to the home occupation chapter of our Community Development Code. «37.doc» <<request for information 2.doc>> Kristi Meyer City of West Linn kmeyer @ci.west-Iinn.or.us > Original Message > From: Patty Lunsford [SMTP:PATTY @ci.tigard.or.us] >Sent: Thursday, August 31, 2000 1:40 PM >To: ssparks @ci.beaverton.or.us;jreitz @ci.forest-grove.or.us; > coleman @ci.gresham.or.us; kevins @ci.hillsboro.or.us; >wegnerh @ci.milwaukie.or.us; nplan3 @ci.newberg.or.us; > sean @ci.oregon-city.or.us; hpishvaie @ci.oswego.or.us; >pdxpin @ci.portland.or.us;jonesk @ci.sherwood.or.us; >wharper @ci.tualatin.or.us; kmeyer @ci.west-linn.or.us; > lashbrook @ci.wilsonville.or.us; mgreenheight @co.clackamas.or.us; >steve_conway @co.washington.or.us; 1530016 @msn.com; glad @sprintone.com >Subject: Information Request > I am interested in obtaining any information you can provide me with in > regard to Bed & Breakfast uses within your jurisdiction. The attachment >to this e-mail contains some general questions that I would like you to >take a moment to answer. >Thank you for your time and I look forward to hearing back from you soon. > Patricia L. Lunsford > Planning Secretary, City of Tigard > (503)639-4171 x320 >e-mail: patty @ci.tigard.or.us > << File: request for information 2.doc>> << File: Patty Lunsford.vcf>> Pa Lunsford - re•uest for information 2.doc Page 11 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Yes,the definition is as follows: Homestay. Overnight accommodation in a private home with 1 or 2 rooms providing a morning meal to paying guests. Homestays are only allowed in the primary residence. Homestays are permitted as Type I home occupations._ • 2. If yes, what is the process? (permitted outright, site development review, conditional use) Type I home occupation permit. 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) . Must meet the 10 conditions of the home occupation permit. 4. Are accessory structures allowed to be used as guestrooms? No. • 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. N/A 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. See attached. 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Yes. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: e-mail: patty(a ci.tigard.or.us fax: 503-684-7297 mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford Pa Lunsford -37.doc Page 1 37.000 HOME OCCUPATIONS Page 37.010 PURPOSE 1 37.020 OPERATING STANDARDS 1 37.030 THE APPLICATION 3 37.040 ADMINISTRATION AND APPROVAL STANDARDS 3 37.050 APPROVAL AND STRICT COMPLIANCE IS A REQUISITE FOR A BUSINESS LICENSE 4 37.060 REVOCATION 4 37-1 Pa Lunsford -37.doc _ _Page 2. 37 . 000 HOME OCCUPATIONS 37.010 PURPOSE The purpose of this section is to provide for home occupations in residential zones as a means of providing convenient employment opportunities and decreasing the dependence on the auto. The standards contained in this chapter are intended to assure that home occupations will be compatible and consistent with the residential uses,and will not have a detrimental effect on neighboring properties. (ORD. 1396) 37.020 OPERATING STANDARDS A. A Type I home occupation shall comply with all the following operating standards: 1. The home occupation shall be a secondary use to the primary use of the house as a residence. 2. The outside of the dwelling and the yard shall not be altered to accommodate the home occupation. 3. There shall be no use or storage of material or mechanical equipment not recognized as being part of residential use. 4. The home occupation,including storage,shall occupy no more than 20 percent of the gross floor area or 300 square feet of floor area,whichever is greater,except homestays which are limited to a maximum of two guest rooms. 5. An accessory building which meets the provisions of Chapter 34 may be used for the home occupation. 6. Only one vehicle no larger than a 3/4 ton truck may be used by the occupant,directly or indirectly,in connection with a home occupation. An off-street parking space shall be provided for this vehicle. Any parking generated by homestay guests shall be accommodated on site and not in excess of that normally associated with single-family residential use. 37-2 [Pa Lunsford -37.doc Page 3 7. There shall be no noise,odor,smoke, gases,fallout,vibration,heat, glare, or electrical interference resulting from the activity detectable at the property line. 8. No more than three employees,other than the habitants, shall be engaged in service on the premises at any given time. 9. The use creates no more than five deliveries or customer trips (to and from)per day,not including instruction of pupils,except. homestay guests are permitted. 10. There shall be no signs,except that the house numbers shall be placed on the premises. (ORD. 1396) B. A Type II home occupation shall require Conditional Use approval per the provisions of Chapter 60, and shall comply with all of the following operating standards. 1. The home occupation shall be a secondary use to the primary use of the house as a residence. 2. The outside of the dwelling and the yard shall not be altered to accommodate the home occupation. 3. There shall be no use or storage of material or mechanical equipment not recognized as being part of residential use. 4. The home occupation,including storage, shall occupy no more than 30 percent of the gross floor area or 500 square feet of floor area,whichever is greater. 5. An accessory building which meets the provisions of Chapter 34 may be used for the home occupation. 6. Only one vehicle no larger than a 3/4 ton truck may be used by the occupant,directly or indirectly, in connection with a home occupation. An off-street parking space shall be provided for this 37-3 Patty Lunsford -37.doc Page 4_ • vehicle. 37-4 Pa Lunsford 37.doc Page 5 7 . There shall be no noise, odor, smoke, gases, fallout, vibration, heat, glare, or electrical interference resulting from the activity detectable at the property line. 8. No more than three employees,other than the habitants, shall be engaged in service on the premises at any given time. 9. The use creates no more than 10 deliveries or customer trips per day(to and from),not including instruction of pupils., 10. There shall be no signs,except that the house numbers shall be placed on the premises. (ORD. 1396) 37.030 THE APPLICATION A. A home occupation application shall be initiated by the occupant. B. A prerequisite to the filing of an application is a pre-application conference at which time the Director shall explain the requirements and provide the appropriate forms as set forth in Section 99.030(B). C. An application for a Type II home occupation shall,in addition to the completed application form(s), include a narrative which addresses the appropriate criteria set forth in Section 37.040. (ORD. 1396) D. For a Type II home occupation,the names and addresses of all who are property owners of record within 300 feet of the site shall be determined by the Director. E. The applicant shall pay the requisite fee. 37.040 ADMINISTRATION AND APPROVAL STANDARDS A. Type I Home Occupations. 1. A Type I home occupation is a decision made by the Planning Director in accordance with the provisions of Section 99.060(A), except that no notice shall be required. Type C Notice,per Section 99.080(C), shall be required for homestays. 37-5 • Pa Lunsford -37.doc Pa•e 6. 2 . The Planning Director shall approve,approve with conditions,or deny an application for a Type I home occupation in accordance with the standards set forth in Section 37.020(A)for Type I home occupations. 3. A Type I home occupation for homestays shall require re- application every two years. 4. The Director's decision may be appealed by the applicant to the Hearings Officer as provided in Section 99.240(A). (ORD. 1396) B. Type II Home Occupations. 1. A Type II home occupation is a conditional use. 2. The Planning Commission shall approve, approve with conditions, or deny an application for a Type II home occupation in accordance with the procedures set forth in Section 99.060(B)and upon the criteria set forth in Section 37.020(B)for Type II home occupations and the criteria set forth in Section 60.070. (ORD. 1396) 3. The Planning Commission's decision may be reviewed by the Council as provided in Section 99.240(B). 37.050 APPROVAL AND STRICT COMPLIANCE IS A REQUISITE FOR A BUSINESS LICENSE No business license will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. 37.060 REVOCATION The Director may revoke a Type I and Type-II home occupation permit if the criteria of Section 37.020(A)and(B)respectively,are violated. 37-6 Pa Lunsford -37.doc Page 7' (ORD. 1172) (AMENDED PER ORD. 1396; 8/96) 37-7 09/05/00 15:33 FAX 503 692 3512 CITY OF TUALATIN a001/0O2 i• c t CITY OF TUALATIN • city Facsimile Numbers P.O_ BOX 369 TUALATIN.OREGON 97062-0369 ❑ City Center 692-5421 6.1 (503)692-2000 'MD 692-0574 ❑ Library 691-6864 Planning 692-3512 ❑ Operations 692-2024 El Police 692-9898 Fax ❑ Parks 691-9786 D� ❑ Economic Devlp/ pate: • Legal 691-2798 ,� Will To: X L / (o 1r. From: v1. Business: Dept./Title: Fax: ( ) 6)8 Pages: CZ (including cover) ❑Urgent ❑ For Review []Please Comment ❑ Please Reply ❑Hard Copy to Follow • RE: Comments: �- , ► ° • 09/05/00 15:33 FAX 503 692 3512 CITY OF TUALATIN . /002 i WILL HARP- ARPER-re•nest for information 2-doc __ Page 1 j REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed &Breakfast uses in residential zones? / 4 2. If yes, what is the process? (permitted outright, site development review, conditional use) 3. Are there special restrictions for this use? (#of guests or guestrooms,signage, parking, etc) 4. Are accessory structures allowed to be used as guestrooms? is 1•101- -qc jr 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. (Kk. `fa141iLIL 143 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: e-mail: natty(i ,ci.tigard.or_us fax: 503-684-7297 mail: City of Tigard Planning Division . 503-639-4171, x320 Attn: Patty Lunsford li Patty Lunsford - RE: Information Request n Page 1 _ From: Steven Sparks <ssparks @ci.beaverton.or.us> To: 'Patty Lunsford' <PATTY @ci.tigard.or.us> Date: Wednesday, September 06, 2000 1:03:49 PM Subject: RE: Information Request Your B&B survey, responses from Beaverton SAS Original Message From: Patty Lunsford [mailto:PATTY @ci.tigard.or.us] Sent: Thursday,August 31, 2000 1:40 PM To: ssparks @ci.beaverton.or.us;jreitz @ci.forest-grove.or.us; coleman @ci.gresham.or.us; kevins @ci.hillsboro.or.us; wegnerh @ci.milwaukie.or.us; nplan3 @ci.newberg.or.us; sean @ci.oregon-city.or.us; hpishvaie @ci.oswego.or.us; pdxpin @ci.portland.or.us;jonesk @ci.sherwood.or.us; wharper @ci.tualatin.or.us; kmeyer @ci.west-linn.or.us; lashbrook @ci.wilsonville.or.us; mgreenheight @co.clackamas.or.us; steve_conway @co.washington.or.us; 1530016 @msn.com; glad @sprintone.com Subject: Information Request I am interested in obtaining any information you can provide me with in regard to Bed & Breakfast uses within your jurisdiction. The attachment to this e-mail contains some general questions that I would like you to take a moment to answer. Thank you for your time and I look forward to hearing back from you soon. Patricia L. Lunsford Planning Secretary, City of Tigard (503)639-4171 x320 e-mail: patty @ci.tigard.or.us Patty Lunsford - request for information 2.doc �_._Page 1 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Beaverton does not allow "B&B's" in residential zoning districts. "Boarding, rooming or loding houses" are allowed. Boarding, rooming, loding houses are defined as: A dwelling or part thereof, other than a hotel, motel or multiple family dwelling, where lodging with or without meals is provided, for compensation, for three (3) or more persons. A hotel is defined as: A building, or portion thereof, of more than five (5) rooms designed or used for occupancy of individuals who are lodged with or without meals, and in which no provision is made for cooking in any individual rooms. Although it has never come up in Beaverton, if a B&B could meet the BRL House definition and not the Hotel definition, it would probably be allowed. The use would only be allowed in the Medium and High density residential zoning districts. 2. If yes, what is the process? (permitted outright, site development review, conditional use) CUP in the medium and high density residential zoning districts. 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) Number of rooms, see definition above. 4. Are accessory structures allowed to be used as guestrooms? Yes, single occupancy. 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. Accessory structures have not been used as B&Bs in Beaverton. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. www.ci.beaverton.or.us. Look under Codes and Standards 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Steven Sparks, 526-2429 or ssparks @ci.beaverton.or.us. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: 1 a Lunsford - Re: Information Re.uest Page 1 From: "Barb Mingay, Newberg Planning Dept" <nplan3 @ci.newberg.or.us> To: "Patty Lunsford" <PATTY @ci.tigard.or.us> Date: Thursday, September 07, 2000 12:35:05 PM Subject: Re: Information Request At 01:40 PM 8/31/00-0700, you wrote: >I am interested in obtaining any information you can provide me with in regard to Bed & Breakfast uses within your jurisdiction. The attachment to this e-mail contains some general questions that I would like you to • take a moment to answer. >Thank you for your time and I look forward to hearing back from you soon. > >Patricia L. Lunsford >Planning Secretary, City of Tigard >(503)639-4171 x320 >e-mail: patty @ci.tigard.or.us >Attachment Converted: "c:\eudora\attach\request for information 2.doc" >Attachment Converted: "c:\eudora\attach\Patty Lunsford.vcf' Patty Lunsford request for information 2.doc Page 1 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Yes. 2. If yes, what is the process? (permitted outright, site development review, conditional use) In the R-1 (Low Density Residential) zone, B & B's require approval as a conditional use. In the R-2 • (Medium Density Residential), R-3 (High Density Residential), R-P (Residential-Professional), and C- 1 (Neighborhood Commercial) zones, B & B's with two or fewer guest sleeping rooms are outright permitted. In the R-2, R-3, R-P, R-P, and C-1 zones, B & B's with more than two guest sleeping rooms require approval as a conditional use. In the C-2 (Community Commercial) and C-3 (Central Business District) zones, B & B's are outright permitted. In the Springbrook District, Bed and breakfast establishments that comply with 10.52.250 through 10.52.252 are outright permitted. 3. Are there special restrictions for this use? (# of guests or guestrooms, signage, parking, etc.) See 6. below for Code standards. 4. Are accessory structures allowed to be used as guestrooms? See 6. below for Code standards. 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. This issue hasn't come up in the recent past. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. Newberg Development Code Section 10.52.252 Bed and Breakfast Establishment Bed and Breakfast establishments shall comply with the following conditions: (1) The structure used for a Bed and Breakfast establishment shall be designed for and occupied as a single family residence. The structure shall maintain the characteristics of a single family residence. (2) All residences used for Bed and Breakfast establishments shall be applicant occupied. (3) A minimum of one off-street parking space shall be provided for every two permitted guest sleeping rooms. In addition, parking standards normally required for single family residences will apply. (4) The duration of each guest's stay at the Bed and Breakfast establishment shall be limited to no more than seven consecutive days, and no more than fifteen days within a thirty day period. (5) Bed and breakfast establishments located in other than single story buildings shall provide permanent or portable fire escape systems from the upper floor(s) in a manner acceptable to Patty.Lunsford -re nest for information 2.doc Page 2 • the Newberg Fire Department. (6) All Bed and Breakfast establishments shall conform to the requirements of the Uniform Building and Fire Codes. 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Yes. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: e-mail: pattyna ci.tigard.or.us fax: 503-684-7297 mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard Tigard, OR 97223 i:\curpin\patty\request for information 2.doc • • • • 09/15/00 15:02 NO.057 P001/015 • • • CITY OF H1 LLSBOR_O) I . • Date: 9-45--051 Number of pages including cover sheet: 4T- FAX To: From: Planning Department , k19.21/4.3 clu.: e S9o,rc� Phone: Phone: t '1 � _ f 3�p Fax phone: 1984{—7 �p t 7 Fax phone: _ 503-681-6245 _ CC: REMARKS: [] Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment 90 bc rtt-e-A GcototAik-o-na.1) c 123 West Main Street, Hillsboro,Oregon 97123-3809•503/681-8153•FAX 503/681-5245 AN EQUAL OPICRfUNftY EMPLOYER PRaJm CV RECYCZED PAPER 09/15/00 15:02 NO.057 P002/015 ORDINANCE NO. 4856 ZOA 6-99: HOME OCCUPATIONS • AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1945, AS AMENDED, SECTION 3 DEFINITIONS. SUBSECTIONS (6) AND (35); SECTION 7 USES PERMITTED OUTRIGHT. SUBSECTION (4); SECTION 8 CONDITIONAL USES PERMITTED, SUBSECTION (11); AND ADDING A NEW SECTION 128A HOME OCCUPATIONS. REGULATING THE PERMITTING AND OPERATION OF HOME-BASED BUSINESSES. WHEREAS, there are currently no standards or criteria governing home occupations, other than the definition included in Hillsboro Zoning Ordinance, Section 3 (35), and the existing lack of dear and objective standards by which to permit and regulate home occupations has caused ambiguity and subjectivity in interpretation of Section 3(35)in the past, and WHEREAS, the Planning Commission received a request to consider amendments to the Zoning Ordinance to allow a wider range of home occupations throughout residential areas of the City, and based on that request, determined a need to establish clear and objective performance standards governing the operation of home occupations, and further determined that it would be appropriate to categorize bed and breakfast inns as major home occupations, permitted as a conditional use in any residential zone, subject to the provisions of Sections 78 through 83, Conditional Uses, and WHEREAS, following their consideration of proposed home occupation definitions, categories, approval criteria, performance standards, and review and permitting procedures, the Planning Commission adopted Resolution No. 1073-P at their regular meeting on September 23, 1999. thereby initiating the proposed amendments to the Zoning Ordinance, and WHEREAS, the Planning Commission subsequently held a public hearing on this matter on September 841, and October 13th and 27th, 1999, and received testimony in support of the amendments from the proponent and other parties, and WHEREAS, the Planning Commission also received comments from the City Administration, Building and Fire Departments, and from the City Attorney's office, concerning possible revisions to the originally proposed language in order to more effectively regulate home occupations while limiting potential impacts on residential neighborhoods. and WHEREAS, based on the testimony and comments received, the Planning Commission voted to revise the language of the proposed Zoning Ordinance amendments, and adapted Resolution No. 1094-P, recommending City Council approval of the revised amendments. adopting as supporting findings the staff reports on this matter dated August 31st. September 3b, and October 641 and 26th, 1999, and June 15'h and July 27th, 2000, which are attached hereto as Attachment 'A', and WHEREAS, the City Council considered this matter on December 7, 1999, and at subsequent work sessions on January 18, April 4, and June 20, 2000, and directed the staff to revise the proposed Zoning Ordinance amendments to reduce the opportunity for major home occupations as proposed, and to revise the language recommended by the Planning 09/15/00 15:02 NO.057 P003/015 Commission to address concerns about potentially adverse impacts that could occur to residential neighborhoods as a result of the operation of home occupations. voted to adopt the staff reports on this matter as findings, and WHEREAS, the City Council held a public hearing on this matter on August 1, 2000 and received public testimony, and at their regular meeting on August 15`" gave further consideration to revisions to the language of the proposed Zoning Ordinance. amendments based on testimony presented at the•August 1°hearing. NOW, THEREFORE, THE CITY OF HILLSBORO DOES ORDAIN AS FOLLOWS: Se ton 1. Zoning Ordinance No. 1945, as amended, Sections 3 (6) and (35) are amended to read as follows: Section 3 (6) Bed and Breakfast Inn. A residential building or group of residential buildings with not more than five separate bedroom units for travelers' temporary accommodation, which units do not contain individual cooking facilities, with the lodging price including the price of a morning meal available only to guests of the inn. Additional rooms or structures may be added onto the original building or site provided the total number of bedroom units does not exceed five. If located in a residential zone, owners or innkeepers shall reside on the premises, and the bed and breakfast inn shall be considered a home occupation permitted as a conditional use, subject to the provisions of Section 128A Home Occupations and Sections 78 through 83, Conditional Uses. Bed and breakfast inns are permitted as conditional uses in residential zones only in structures designated as cultural resources on the City's official Cultural Resource Inventory. Section 3 (35) Home Occupation. A lawful activity, excluding a business in which the primary activity is direct on-site sale of a product(s,) manufactured on or off-site, to the general public, conducted on a residential property, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the property is maintained. Home occupations shall be permitted and operated pursuant to the provisions of Section 128A (IV), General neral Approval Criteria and Performance Standards. Section 2. Zoning Ordinance No. 1945, as amended, Section 7, Uses Permitted Outright, subsection (4) is amended to read as follows: (4) Home occupation, as defined in Section 3 (35) hereof, subject to the requirements of Section 128A. Section 3. Zoning Ordinance No. 1945, as amended, Section 8, Conditional Uses Permitted, is amended with the addition of subsection (11) to read as follows: • (11) Bed and Breakfast Inn, as defined in Section 3 (6) subject to the requirements of Section 128A. 09/15/00 15:02 NO.057 P004/015 • Section 4. Zoning Ordinance No. 1945, as amended, is further amended by addition of Section 128A to establish approval criteria, performance standards, and review and permitting procedures for home occupations. The new section reads as follows: Section 128A. Home Occupations Purpose The purpose of this section is to permit residents an opportunity to use their homes to engage in small-scale business activities, and to establish approval criteria and standards to ensure that such home occupations are conducted as lawful uses subordinate to the residential use of the property, in a manner neither detrimental, nor disruptive in terms of appearance or operation, to neighboring properties and residents. II. fumlicabifity and Exemptions A. Cornoliance with this Section. No person shall operate a home occupation, or allow such use to occur without a home occupation permit and business license on property which that person owns or is in lawful control of, contrary to the provisions of this Section. B. Exemptions. The following activities are exempted from the provisions of this Section: (1) Garage sales as allowed by Chapter 5.40 of the Hillsboro Municipal Code; (2) Family daycare for up to 12 children or adults, including the children or relatives of the provider, as exempt from the provisions of this Section by ORS 657A.440 and ORS 657A.250; • -- • (3) Residential homes or adult foster homes, providing residential treatment or training for up to five adults who are not related to the provider by blood or marriage pursuant to ORS 443.705 (1) as exempted from the provisions of this Section under ORS 197.665 HI. Application Procedures A_ Home Occupation Permit. An application for a home occupation permit shall be reviewed and approved by the Planning Director, and in the case of a bed and breakfast inn in any residential zone, except the SCR-DNC district, shall be reviewed pursuant to the provisions of Sections 78 to 83, Conditional Uses. 09/15/00 15:03 N0.057 P005/015 B. Required Signatures. Application forms for all home occupation permits, including the Conditional Use application in the case of a bed and breakfast inn in a residential zone, shall be signed by the person wishing to conduct the business and by the owner of the property. C. City Business License_ Prior to issuance of a business license; the applicant must obtain a home occupation permit In no case shall a home occupation be operated without a permit and a business license. N. General Approval Criteria and Performance Standards A. Approval Criteria. An application for a home occupation permit, other than a bed and breakfast inn, will be approved if the applicant demonstrates the proposed home occupation complies with the standards in subsection (B) below, An application for a home occupation permit for a bed and breakfast inn in a residential zone is subject to the standards of subsection (C) below, and to the approval criteria in Sections 78 through 83 of this Ordinance. B. Home Occupation Standards. The following standards are established for home occupations other than bed and • breakfast inns: (1) No exterior signs, or window signs, shall be permitted that identify the property as a business location, (2) There shall be no displays or other evidence that would indicate from public right-of-ways or abutting residences that the dwelling or any accessory structure is used in whole or in part for any purpose other than residential use; (3) There shall be no change in the Uniform Building Code occupancy classification of the dwelling unit or any portion of the dwelling unit or accessory structure; (4) No more than 25% of the floor area of all structures on the lot, or 528 square feet, whichever is less, may be used in connection with a home occupation or for storage purposes associated with the business. (5) There shall be no outside storage of equipment, materials, or supplies associated with the home occupation, nor-shall there be any storage or use of explosive, flammable, radioactive, toxic or other hazardous materials that are not normally found in the • 09/15/00 15:03 NO.057 P006/015 home nor in amounts not normally associated with a residence. Specific limitations and requirements for the storage of hazardous materials in a residence are found in and regulated by the Uniform Fire Code. (6) No one other than the principal residents of the dwelling and no more than two persons closely related to the principal residents shall be engaged in the home occupation at the dwelling site. (7) No more than one commercially licensed vehide in excess of one-ton manufacturer's rating shall be utilized or parked at the dwelling unit by any resident of the premises in connection with the home occupation. (8) No more than an average of ten customer vehicle trips per day with no more than two customer vehicles on the premises at any time. (9) No more than three business related deliveries per week are allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks. Deliveries by the U.S. Postal . Service are.not considered business related deliveries for purposes of this provision. (10) The generation by the home occupation of any noise, vibrations, odors, heat, glare or visual or audible electrical interference or fluctuations in the line voltage detectable beyond any property line is prohibited. (11) No direct retail sales are permitted, excepting the occasional sale of products associated with the home occupation, with such sales being dearly secondary to the primary business activity. (12) No customers may enter the premises between the hours of 9:00 p.m. and 7:00 a.m. C. Bed and Breakfast Inn Standards. The following standards are applicable to bed and breakfast inns permitted as conditional uses only in dwellings listed on the City's Cultural Resource Inventory: (1) One professional quality sign is allowed on the property with up to eight square feet per sign face, and may be attached to the exterior or placed in the window of the residence or accessory structure, or placed within the front yard setback, mounted on an architectural post not to exceed four feet in height, or a 09/15/00 15:03 NO.057 P007/015 monument sign not to exceed four feet in height above grade in the front setback. No sign shall interfere with vision clearance on adjoining public right-of-ways. (2) No more than an average of ten customer vehicles may enter the premises on a daily basis. (3) No 'more than an average of two business related deliveries per day is allowed_ Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks. (4) No more than one person who is not a principal resident of the dwelling*shall be engaged in the home occupation at the dwelling site at any one time. • D. Conditions of Ai oroval. The Planning Director, or the Planning and Zoning Hearings Board in the case of a bed and breakfast inn permitted as a conditional use in a residential zone, may impose conditions upon approval of a home occupation permit or conditional use permit, as applicable, to ensure compliance with the purpose of this Section. These conditions may include, but are not limited to, the following: • (1) Further limiting the hours, days, place and manner of operation; (2) Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; (3) Requiring additional building setbacks; (4) Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; (5) Designating the size, number, location and design of vehicular access points; (6) Requiring street right-of-way to be free at all times of vehicles associated with the home occupation, including vehicles of employees of contractors who have permitted home-based offices; (7) Requiring landscaping, buffering and/or screening of the home occupation from adjoining uses, and 09/15/00 15:03 NO.057 P008/015 establishing standards for the continued maintenance of these improvements; 8) Requiting storm drainage improvements, and surfacing of parking and loading areas: (g) Limiting the extent and type of interior or exterior building remodeling necessary to accommodate. the home occupation; (10) Limiting or setting standards for the location and intensity of outdoor righting; (11) Requiring and designating the size, height and location of fences signs, and materials used for their construction; (12) Designating the location and materials used for signs and signposts; • (13) Limiting the type and number of vehicles or equipment to be parked or stored on the site. (14) Any other limitations which the Director or Hearings Board considers to be necessary or desirable to make the use comply with the purpose and standards of this Section, and (15) Requiring conformance with any other applicable City and/or State codes. V. Uses Prohibited as Home Occupations The following uses shall be prohibited as home occupations: (1) Auto-body repair and painting; (2) On-going mechanical repair conducted outside of an entirely enclosed building; (3) Junk and salvage operations; (4) Storage and/or sale of fireworks, firearms or munitions. (5) Any use that is consistent with the definition of Home Occupation, but that does not comply with the standards in subsection IV of this Section. • 09/15/00 15:03 NO.05? P009/015 VI. Renewal. Home occupation permits shall be valid as long as an active City business license is maintained provided that the home occupation complies with provisions of this Section and, in the case of a major home occupation, with any conditions of approval attached to the Conditional Use permit. VII. Revocation and Re-application. A. Grounds for Revocation. A business license for a permitted home occupation is subject to revocation at any time by the City Council for cause pursuant to Hillsboro Municipal Code 5.04.090 under the following circumstances: (1)There is a violation of any provision of this Code; (2) There is a violation of any term or condition of any applicable permit; (3) Failure to pay the City business license fee when due. B. Waiting Period for Re-application. When a business license for a home occupation permit is revoked due to violation of the standards of this Section. or any condition of approval attached to the permit. a minimum period of 60. days shall elapse before another application for a home occupation permit on the subject property will be considered. VIII. Invalidation. Any home occupation permit is invalid and use of the property for any home occupation is prohibited if a permittee moves, unless a new permit is granted. 09i15i00 15:04 N0.057 P010/015 • Section 5,_ Except as herein amended, Zoning Ordinance No. 1945, as amended, shall remain in full force and effect. Passed by the Council this fifteenth day of August, 2000. Approved by the Mayor this fifteenth day of • • • ,2000. ,/./ gr. ii ATTEST: / /',. / City `corder 09/15/00 15:04 NO.057 P011/015 Hillsboro Zoning Ordinance No. 1945 Sections 78 to 83: Conditional Uses Conditional Uses Section 78. Authorization to Grant or Deny Conditional Uses. Uses designated in this Ordinance as conditional uses permitted shall be permitted or enlarged or altered upon approval of the Hearings Board, in accordance with the standards and procedures specified in Sections 78 to 83. In permitting a conditional use, the Board may impose, in addition to the regulations and standards expressly specified by this Ordinance, other condiitions found necessary to protect the best interests of the surrounding property or neighborhood or the City as a whole. (Amended by Ord. No. 2752/3-76.) Change in use, expansion, or contraction of site area or alteration of structures or uses classified as conditional, existing prior to the effective date of this ordinance, shall conform to the regulations pertaining to conditional uses. If the site is found inappropriate for the use requested, the Board may deny approval of the conditional use. (Amended by Ord. No. 2752/3- 76.) Section 79. Application for Conditional Use. A request for conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent by filing an application with the City Recorder. The applicant shall submit plans to the Hearings Board as provided in Section 119 and shall pay the fee as set in Section 129. (Amended by Ord. Nos. 2536/11-72; 2752/3-76; and 332015-82) Section 80. Public Hearing on a Conditional Use. Before acting on a request for a conditional use, the proposed Conditional Use shall be considered by the Hearings Board at a Public Hearing held within 40 days after filing of the application. (Exception: See Section 55, Subsection (1).) The City Recorder shall give notice of the hearing in each of the following manners: 1. By publication of a notice in a newspaper of general circulation in the City not less than four days nor more than 18 days prior to the date of the hearing. 2. By sending notices by mail not less than 10 days prior to the date of the hearing to the property owners within the area enclosed by lines parallel to and 200 feet from the exterior boundaries of the property involved, using for this purpose the name and address of the owners as shown upon the current records of the County Assessor. Failure of a person to receive the notice specified in this section shall not invalidate any proceedings in connection with the application for a conditional use. (Section 80 Amended by Ord. No.2752/3-76.) Section 81. Recess of the Hearing by the Hearings Board. The Board may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notices upon other property owners or persons who it decides may be interested in the proposed conditional use. Upon recessing for this purpose, the Board shall announce a time and date when the hearing will be resumed. (Amended by Ord. No.275213-76.) 82 09/15/00 15:04 NO.05? P012/015 • Hillsboro Zoning Ordinance No. 1945 Sections 78 to 83: Conditional Uses Section 82. Notification of Action. The City Recorder shall notify the applicant for a Conditional Use in writing of the Board's action within five days after the decision has been rendered. (Amended by Ord. No. 275213-76.) Section 83. Standards Governing Conditional Uses. A conditional use shall comply with the standards of the zone in which it is located, except as specifically modified in granting the conditional permit or as otherwise provided as follows: (1) Setbacks. In a residential zone or in a C-4 zone yards shall be at least one-half the height of the principal structure. In any zone yards greater than the standard of the zone in which the use is located may be required. (2) Height exception. The height limitations of a zone may be exceeded for a church or governmental building as a conditional use to a maximum permitted height of 50 feet. provided the total floor area of the conditional use shall not exceed one and one-half times the area of the site and provided the yards have a minimum width equal to at least one-half of the height of the principal structure. (3) Limitations on access to lots and on openings to buildings. ,The city may limit or prohibit vehicular access from a conditional use to a residential street not designated as an arterial street on an officially adopted street plan; and it may limit or prohibit openings in sides of a building or structure permitted as a conditional use within 50 feet of a residential zone if such openings will cause glare, excessive noise, or other adverse effects on adjacent residential properties. (4) • Signs. The sign limitations of a zone may be exceeded for a conditional use to allow one indirectly illuminated or nonillurninated sign not exceeding six square feet in area on each side of a conditional use abutting a street. In addition, in the case of a church, there may be a bulletin board not exceeding 24 square feet in area. A sign shall pertain to the conditional use and may be located in required yards. (5) Schools. (a) Nursery schools shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. A sight-obscuring fence at least four feet but not more than six feet in height shall be provided separating the play area from abutting lots., (b) Primary schools shall provide a minimum of one acre of site area for each 90 pupils or a minimum of one acre for each three classrooms, whichever is greater. 83 09/15/00 15:04 • N0.057 P013/015 Hillsboro Zoning Ordinance No. 1945 Sections 78 to 83: Conditional Uses (c) Elementary schools shall provide a minimum of one acre of site area far each 75 pupils or a minimum of one acre for each two and one-half classrooms, whichever is greater. (6) Utility substation or pumping substation. The minimum lot size of the zone in which a public utility facility is to be located may be waived only on finding that the waiver will not result in noise or other detrimental effect on adjacent property. No equipment storage shall be permitted on the site in a residential zone or in a C-4 zone. Such uses shall be fenced and provided with landscaping as found necessary. (7) Dwellings. In no case shall the standards for a dwelling as a conditional use be less than the standards of an A-2 zone. (8) Incidental truck and trailer rental within existing storage facilities. The storage of trucks and trailers within an existing storage facility shall not be visible from adjacent streets or adjacent properties zoned residential. In addition, the number of trucks shall be limited to four and the number of trailers shall be limited to eight. (Added by Ord. No. 4618110-97.) (9) General Standards. The Commission or Hearings Board shall grant approval only if the proposal, as conditioned, is determined to conform to the following criteria: a) The granting of the application would meet some public need or convenience. b) The granting of the application is in the public interest. c) The property in question is reasonably suited for the use requested. d) The use requested would not have a substantial adverse effect on the rights of the owners of surrounding properties. e) The use requested would conform with the maps and the goals and policies of the Hillsboro Comprehensive Plan. (Section 9 added by Ord. No. 2910/6-78.) (10) Approval of a conditional use may be contingent upon compliance with conditions found necessary to accomplish the purposes of this Ordinance and implement the goals and policies of the Hillsboro Comprehensive Plan. To that purpose, any of the following conditions, stipulations or limitations may be attached to a conditional use approval: a) Street improvements abutting/within the development area; 84 09/15/00 15:05 NO.05? P014/015 Hlilsboro Zoning Ordinance No. 1945 Sections 78 to 83: Conditional Uses, b) Street dedication abutting/within the development area; c) Joint use/access agreement; d) Improvement agreements for the installation of necessary on-site public facilities; - \ e) Utility easements; f) Landscaping; g) Off-street parking; h) Storm drainage improvements; i) Off-site public improvements when the rezoning and subsequent development will contribute significantly to the need for such off-site public improvements; j) Development Review approval by the Planning Commission; for projects in zones or locations for which development requirements and design standards are specified in the Zoning Ordinance; k) Screening,fencing; 1) Limiting access; m) Surety/performance bond; n) Non-remonstrance dause. (Section 10 added by Ord No.4821/9-99.) (11) The Hearings Board may require an annual report for any conditional use to ensure that the use is in compliance with.all applicable Ordinance requirements and conditions of approval. (Added by Ord. No. 2910/6-78.) (12) Upon a determination by the Planning Commission that there are sufficient grounds to warrant a review, the Commission may initiate a review of the operation of any Conditional Use and may call for a public hearing to determine whether the use is in compliance with applicable standards and conditions. Findings of non-compliance will result in the property owners being required to submit a compliance schedule and to fully comply within forty-five (45) days, or a shorter period of time if the Commission determines there is a cause for 85 - 09/15/00 15:05 NO.057 P015/015 Hillsboro Zoning Ordinance No_ 1945 Sections 78 to 83: Conditional Uses emergency action. Any further violations will result in revocation of the conditional use permit. (Added by Ord. No. 2910/6-78.) • 86 FAX TRANSMITTAL n&COr ret n I TO: GIGI/CITY OF GRCSH A M A NNINC_DEPT. 10 1 1 • FAX: 618-2224 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakf st uses in residential zones? es -= as a HOP (bn s-1041� 2. If yes, what is the process? (permitted out 'ght, site development review, co ditional,�tse 8� �� Cg.2? , 0i4 Nib �y, -f v P pia _ ` ,,sae 34tit tup g.3 — i s 0119 Mae flOP 3. Are there special restrictions for this use? (# of uests or uestrooms, signage, parking, etc.) . /-. }(0 3 - &. o 4. Are accessory structures allowed to be used as guestrooms? 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. 6. Please provide a copy of the applicable code sections or your web site ad ress and the applicable code references. y c �vm 5 , le as . or. dtd Zany 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE ' Please return responses via one of the following methods: e-mail: patty(a ci.tigard.or.us fax: 503-684-7297 mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard •Tigard, OR 97223 is\curpin\patty\request for information 2.doc 09/15/2000 14:51 FAX 5036847297 City of Tigard Z1001 • ********************* *** TX REPORT **s ********$************ TRANSMISSION OK TX/R% NO 0454 CONNECTION TEL 6182224 SUBADDRESS CONNECTION ID CITY OF GRESHAM ST. TIME 09/15 14:51 USAGE T 00'19 PGS. SENT 1 RESULT OK FAX TRANSMITTAL TO: GIGI/CITY OF GRESHAM PLANNING DEPT. FAX: 618-2224 REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? 2. If yes; what is the process? (permitted outright, site development review, conditional use) • 3. Are there special restrictions for this use? (# of guests or guestrooms, signage, parking, etc.) 4. Are accessory structures allowed to be used as guestrooms? 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. • 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. • -.. ..-.. Ii.... -L --.-L--1 L-.. .1-:C.--1'-- -•---1=---n 12 .__1 ------ ---_.�J_ LL_ Clackamas County,OR- ZDO 832 Page 1 of 2 SECTION 800 - SPECIAL USE REQUIREMENTS 832 BED AND BREAKFAST RESIDENCES AND INNS (11/27/96) 832.01 PURPOSE 832.02 COMPLIANCE REQUIRED 832.03 STANDARDS 832.01 PURPOSE - This section is adopted to provide for overnight tourist accommodations within residences located in various districts in a manner consistent with the preservation of the residential or historic character of the dwelling and premises. 832.02 COMPLIANCE REQUIRED No person, group, firm, business, or organization shall engage in the use of any property for a bed and breakfast residence or inn without first obtaining the necessary approvals, as required in the underlying district, and complying with all required conditions and standards of development and operation. Bed and breakfast residences and inns shall comply with the Uniform Building Code and the standards of the state and local health departments, and must maintain a valid tourist facility license. 832.03 STANDARDS A. Structure Type and Appearance: 1. Bed and Breakfast Residences: Single family dwellings and accessory guest houses, as defined in this ordinance, and historic landmark buildings are the only eligible structures for this use. 2. Bed and Breakfast Inns: Within low density residential, rural, and natural resource districts;this use may be established only in single family dwellings and accessory guest houses, or in historic landmark buildings, or in preexisting structures built as manorhouses or inns. No new structures may be built for this use except in commercial or multifamily districts. 3. Prohibited Structure Types: Except for historic landmark structures, no nonresidential structures, churches, or apartment buildings shall be eligible to be used for this purpose. 4. New Structures and Additions: The architecture of new structures and additions shall be consistent in appearance with single family dwellings not used for this purpose.. B. Operator: The bed and breakfast operator must reside at the bed and breakfast residence. C. Length of Stay/Guest Register: No guest shall stay more than 60 days in any one-year period. An accurate, up- to-date guest register must be maintained and available for review by any authorized agent of the County or State. D. Number of Guest Rooms Allowed: Subject to the tourist facility license requirements and constraints of the site in satisfying the parking standards and subsurface disposal system requirements, the maximum number of guest rooms allowed in a bed and breakfast residence or inn shall be as follows: 1. In R-7, R-8.5, R-10, HR, and EFU: Five (5) rooms; (11/27/96) 2. In R-15, R-20, R-30, FU-10, RR, RA-1, RA-2, RRFF-5, FF-10 districts: Seven (7) rooms; 3. In Commercial or Multifamily districts or Historic Landmarks: No limit. E. Offstreet Parking: 1. Required number of spaces: One (1) for each guest room and one(1) for the proprietor's unit. 2. Design guidelines: The following guidelines shall be used in designing offstreet parking areas to ensure that visual impacts related to required parking areas are minimized. a. No more than one-half(1/2) of the front yard area of a lot shall be used for parking. http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo832.html 09/19/2000 Clackamas County,OR - ZDO 832 Page 2 of 2 b. Parking areas located to the side or rear of the bed and breakfast structure shall be screened from adjacent properties using sight-obscuring plants or a wood or masonry fence or wall at least five (5) feet in height. c. Minimum parking area surfacing requirements: 1. In all commercial, multifamily, and low density residential districts: hard-surface, "Grasscrete" or pavers, or similar surfacing material, but not gravel. 2. In rural residential, recreational residential, and natural resource districts: four(4) inches of crushed rock. Parking areas shall be defined using timbers, logs, railroad ties, or other acceptable methods. d. Maneuvering area shall be provided onsite to allow vehicles to exit the property front end first. A waiver of this requirement may be allowed when the bed and breakfast residence takes access from a local street or private road. e. A reduction in the number of guest rooms may be required if the impacts of the parking area cannot be mitigated. 3. Offsite Parking: Public rights-of-way shall not be used in satisfying the minimum space requirements for this use. Offsite parking areas may be used, provided that: a. The offsite parking area is not more than 200 feet from the bed and breakfast residence or inn. This distance may be measured from the closest edge of the two properties. b. No natural or manmade barriers separate the parking area from the bed and breakfast residence or inn, and pedestrian access is not otherwise impeded. c. Satisfactory legal evidence is presented in the form of deeds, leases, or contracts securing full access to such parking spaces for the bed and breakfast use. d. The offsite parking area is not in violation of this ordinance. F. Access: The road or street serving the bed and breakfast use shall have adequate capacity to serve the additional traffic. If the property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that all other property owners whose property access is affected agree to allow the specific bed and breakfast use described in the application. Such evidence shall include any conditions stipulated in the agreement. G. Signing: Signs may be provided as allowed in the underlying district, pursuant to Section 1010. H. In urban and rural residential and natural resource districts, signs for bed and breakfast uses shall be subject to the requirements for signing as provided for home occupations under Subsection 822.04I or 822.05I, except all bed and breakfast inns may use the nonurban standards under 822.05I. (LAST TEXT REVISION 11/27/96) http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo832.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 1 of 20 SECTION 200 - GENERAL DEFINITIONS au� � �� 202 DEFINITIONS (6/29/00) err AB CD E [ G HHKnM N OnRnn _ V GON ACCESSORY BUILDING OR USE: A subordinate building or use, the use of which • clearly incidental to at of the main building or use on the same lot. ACCESSWAY: A public right-of-way, a portion of which is hard surfaced, for use by pedestrians and bicyclists providing a direct route where public roads require significant out of direction travel. (9-8-94) ACCESS DRIVE: A private way, with a travel surface generally no more than twelve (12) ft. in width, created by deed or easement to provide vehicular ingress to, or egress form not more than two (2) lots or parcels. (11-05-98) ADJOINING: Contiguous or abutting exclusive of street width. It shall include the terms adjacent, abutting or contiguous. ADULT BUSINESS: A range of commercial activities characterized by live, closed circuit, or reproduced material which has an emphasis on nudity and/or specified sexual activity. Such businesses generally limit their patrons to persons at least 18 years of age. Adult businesses include the following types of establishments: adult bookstores, adult theaters, adult arcades, adult cabarets, and adult paraphernalia shops, as defined below, and other establishments which feature any combination of activity or merchandise described below which collectively account for twenty-five (25) percent, or more, of the establishment's activity or merchandise. These definitions shall not be construed to allow uses or activities which are unlawful under State criminal laws. (12-19-84) "Adult bookstore" is an establishment having as twenty-five (25) percent or more of its merchandise for sale, rent, or viewing on the premises, such items as books, magazines, other publications, films, video tapes or video discs which are distinguished by their emphasis on specified sexual activities, as defined in this ordinance. "Adult theater" is an establishment used for more than twenty-five (25)percent of showtime for presenting material (either live, closed circuit, or prerecorded) for observation by patrons therein which has as a dominant theme an emphasis on nudity and/or specified sexual activities, as defined in this ordinance. "Adult arcade" is an establishment offering viewing booths or rooms for one or more persons in which twenty-five (25) percent, or more, of the material presented (either live, closed circuit, or reproduced) is characterized by an emphasis on nudity and/or specified sexual activities, as defined in this ordinance. "Adult cabaret" is an establishment having as its primary attraction live exhibitions (either for direct viewing, closed circuit viewing, or viewing through a transparent partition) for patrons, either individually, or in groups, where the exhibition material presented is characterized by an emphasis on nudity and/or specified sexual activities, as defined in this ordinance. "Adult paraphernalia shop" is an establishment having as twenty-five (25) percent or more of its merchandise objects which stimulate human genitalia and/or objects designed to be used to substitute for or be used with human genitalia while engaged in specified sexual activities, as defined in this ordinance. AGRICULTURAL AIRSTRIP: An area designated by the user solely for the purpose of providing for temporary or occasional landings and takeoffs by aircraft engaged in aerial application of chemicals, fertilizers, or other su 1a gW9y r urtt cfo * (503)639-4171 TDD (503) 684-2772 http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 2 of 20 AIRCRAFT (INCLUDING AIRPLANES): Any weight-carrying structure for naviga on of th, air, designed to be supported either by the buoyancy of the structure or by the dynamic action of the air a:ainst its :urface . AIRCRAFT LANDING AREAS (OR FIELDS): Any land area, runway or other facility .``y j7!.- � �� or intended to be used either publicly or by any person or persons f o r the landing or ta, i. . . u•i. , 1 necessary taxiways, aircraft storage and tie-down areas, hangars and other necessa i : ... . _ ' D AIRPORT: A place, on land or water, or structure, where aircraft may land to disch.•ge or niaREGONers or cargo, make repairs or take in fuel. An airport may be public, private, or commercial a • shall include both helip rts and helistops. AIRPORT, APPROACH AND DEPARTURE ZONE: A trapezoidal area at the end of each runway to assure obstruction free approach and departure areas for each runway. AIRPORT, BUILDING RESTRICTION LINE: A designated, but not necessarily marked, boundary which provides lateral clearance between a landing strip and buildings or other permanent structures. AIRPORT, GENERAL AVIATION COMMUNITY AIRPORT: A designated area for the takeoff and landing of aircraft which is designed for public use by general aviation, and where aircraft service facilities are normally provided. AIRPORT, GENERAL AVIATION RECREATIONAL/EMERGENCY AIRSTRIP: A designated area for the takeoff and landing of aircraft which is designed for limited public use or use of an emergency nature and where aircraft service facilities are not necessarily provided and on which student pilot instruction is not permitted except with the written authorization of the Aeronautics Administrator. AIRPORT, LANDING STRIP: That portion of the airport or airstrip on which an aircraft can be landed or taken off without damage to the aircraft or injury to its occupants. AIRPORT,LIMITED PUBLIC-USE: Open to use by any pilot who possesses the skill to operate an aircraft which, according to the manufacturer's specifications, can safely operate within the dimensions of subject airport. Shall not have any commercial activities. AIRPORT, PERSONAL-USE: An airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by his invited guests, and to commercial activities in connection with agricultural operations only. AIRPORT, PUBLIC-USE: Open to the flying public considering performance and weight of the aircraft being used. May or may not be attended or have services available. AIRPORT, RUNWAY: The center portion of the landing strip which is designed and constructed for takeoff and landing of aircraft. AIRPORT,TIE-DOWN RESTRICTION LINE: A designated, but not necessarily marked, boundary which provides lateral clearance between the landing strip and facilities for securing aircraft to the ground. ALLEY: Any public space or thoroughfare less than 16 feet but not less than 10 feet in width which has been dedicated or deeded to the public primarily for vehicular service access to the back or side of properties otherwise abutting on a street. ALTERATION, CULTURAL RESOURCE: Any exterior change or modification, through public or private action, of any cultural resource or of any property located within an historic district including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archaeological sites Qo7r areas and the 7laJcement1or removal of any exterior objects such as signs, pldi1e�Y'1 1Y'caltlY6i SEL Qf tul�'1RSR34t a4WA iees 3TelsTWdl f$`§4ilEas ape ELI I GJJQIi s affGGtlllg t11G eAkalul http://www.co.cackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 3 of 20 visual qualities of the property. ANTIQUES: Goods that, by virtue of their age or unusual quality, are generally considered to be of historical and/or artistic interest, ordinarily such items are in good state of preservation or are restorable to their original conditions. APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of four or more families living independently of each other and doing their own cooking in the building. ARCHITECTURAL FEATURES: Features include, but are not limited to cornices, canopies, sunshades, gutters, chimneys, fireplaces, flues and eaves. Architectural features shall not include any portion of a structure built for the support, occupancy, shelter or enclosure of persons or property of any kind. ARCHITECTURAL FEATURES, CULTURAL RESOURCE: The architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color, texture of the building materials and type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvements. A B C D EnG H I KnM N OnRnT U V WY BABYSITTER: Any person who goes into the home of a child to give care during the temporary absence of the parent or legal guardian or custodian. BASEMENT: A portion of a building which has less than one-half(1/2) of its height measured from finished floor to finished ceiling above the average elevation of the adjoining ground, but not an"underground structure" as defined in this ordinance. BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move. BED AND BREAKFAST ESTABLISHMENT: A use carried on in a structure designed for a single family residence, except as provided under Section 832, which provides rooms for rent on a daily basis to the public and which includes a breakfast meal as part of the cost of the room. Bed and breakfast establishments do not include other similar uses, such as motels, health or limited care facilities, boarding houses, group quarters, hostels, or rescue missions. All Bed and Breakfast establishments require tourist facility licensing by the appropriate agency. Bed and breakfast residences and inns, as defined below, must also satisfy the State Health Division requirements. Three levels of bed and breakfast establishments are as follows: (7-15-87) "Bed and Breakfast Homestay" provides overnight accommodations plus breakfast in an owner- occupied home that provides 1-2 guest rooms for occasional bed and breakfast guests, not exceeding 5 guests at one time. Primary use of the home remains as a residence, not as a lodging establishment. All reservations are made in advance. Income derived from bed and breakfast activity does not generally represent a primary source of income. Bed and breakfast homestays are major home occupations, subject to the provisions of Section 822. "Bed and Breakfast Residence" provides overnight accommodations plus breakfast and occasional family-style meals for guests, in an operator- or owner-occupied home that provides up to 5 rooms on an occasional or regular basis. Income derived from the bed and breakfast activity may represent a primary source of income. Bed and Breakfast residences are subject to the requirements under Section 832, and all requirements of the underlying district. "Bed and Breakfast Inn" provides accommodations plus breakfast on a daily or weekly basis in an operator- or owner-occupied home that is primarily used for this purpose. This use is operated as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a major source of income to the proprietors. This level includes inns that operate restaurants offering meals to http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 4 of 20 the general public as well as to overnight guests. Bed and breakfast inns are subject to the requirements under Section 832 and all requirements of the underlying district. BICYCLE RACK: An apparatus designed to support the central frame of a bicycle and allow locking of both wheels. BIKEWAY: A paved facility provided for use by cyclists. There are four types of bikeways. (9-8-94) Shared Roadway: A type of bikeway where motorists and cyclists occupy the same roadway area. (9-8- 94) Shoulder Bikeway: A bikeway which accommodates cyclists on paved roadway shoulder. (9-8-94) Bike Lane: A section of roadway designated for exclusive bicycle use. (9-8-94) Bike path: A bike lane constructed entirely separate from the roadway. (9-8-94) BLANKETING: The visual blocking of one sign by another as seen by a motorist traveling a street or highway. BLOCK: A parcel of land bounded by streets, railroad rights-of-way, waterways,parks, unsubdivided acreage, or a combination thereof. (10-11-82) BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING ENVELOPE: The three dimensional space which is to be occupied by a building. BUILDING LINE: A straight line that is parallel and adjacent to the front side of the main building and parallel to • the front lot line. BUILDING OR STRUCTURE HEIGHT: The term "height of building" shall be deemed to mean the vertical distance from the average elevation of the finished grade adjacent to the structure to the highest point of the structure except as provided in subsection 904.01 of this Ordinance. If a building is divided into units by means of area separation walls as required in the building code, each unit shall be considered separately in calculation of height of building. BULK PLANT: Hazardous substances at the bulk plant level are manufactured, collected, repackaged, stored, or distributed, but are generally not used on the site. The primary emphasis of uses at the bulk plant level is on hazardouse substances. Materials are stored in large permanent tanks. Bulk plant quantities are larger than amounts transported in or out in any single shipment. Processors of hazardous subtances will generally be at this level. Uses which produce hazardous substances as a by-product or accessory to another product are not in this category. (2/13/97) T U W Y CARE: The provision of room and board and other services as needed to assist in activities of daily living, such as assistance with bathing, grooming, eating, medication management, money management or recreation. (9-19-84) COGENERATION FACILITY: A facility that produces energy as a by-product of its normal industrial process and the energy produced can be used for industrial, commercial, heating or cooling purposes; and such facility is more than 50 percent owned by a person who is not a public utility, an electric utility holding company or an affiliated interest. When this definition differs from that in ORS 758.500, the definition in ORS 758.500 shall prevail. (4-12-82) COMMON OWNERSHIP: Land commonly owned to include open space lands dedicated in planned unit developments and lands dedicated for open space which are owned by homeowners associations. (2/13/97) http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 • Clackamas County,OR- ZDO 202 Page 5 of 20 COMMON WALL STRUCTURE: A building which includes two (2) or more commonwall dwellings, as defined in this section. COMPOSTING: The managed process of controlled biological decomposition of green feedstocks. It does not include composting for the purposes of soil remediation. (11-05-98) COMPOSTING FACILITY: A site or facility, excluding home composting areas as described in Section 202 and agricultural composting conducted as a farm use, which utilizes green feedstocks to produce a useful product through a managed process of controlled biological decomposition. Composting may include amendments beneficial to the composting process. Vermiculture and vermicomposting are considered composting facilities. Composting facilities or sites may include sales of the finished product, as well as accessory products limited to topsoil, barkdust and aggregate commonly used in landscaping to wholesale and retail customers. The area utilized for the sale of said accessory products shall not exceed 10% of the area used for composting, or two (2) acres, whichever is less subject to the provisions of Subsection 834.03 and 834.04. (11-05-98) CONDITIONAL USE: A use addressing a limited or specific need but generally secondary to a primary use and, due to a potential adverse effect upon primary uses or public services and facilities, is only allowed subject to review and the use standards of the district and Section 800 and the criteria of Section 1203. CONGREGATE HOUSING FACILITY: A multi-dwelling unit housing center with common facilities and services provided for residents who require or desire a more supportive living environment than typically afforded to residents in apartments or(9-8-94 single family residential housing. These facilities may provide regular on-premise supervision by a registered physician, registered nurse, or other health care provider. (5-29-91) CULTURAL RESOURCE: Improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the county. CULTURAL RESOURCE INVENTORY: The official list of designated cultural features, sites, districts subject to the provisions of Section 707, Cultural Resources. CULTURAL RESOURCES OBJECT: A material thing of functional, aesthetic,cultural, symbolic or scientific value, usually by design or nature movable. AB C D EnG H ® KnM N O P R SnU V W Y DAYCARE FACILITY: A facility that provides regular day care services to children under 13 years of age, including a day nursery, nursery school group or similar unit operating under any name. A day care facility shall not include services provided by a physician or nurse, or facilities operated primarily for education or supervised training or instruction, or day care provided by a "babysitter" or "family day-care provider" as defined in this Section. A day-care facility caring for seven or more children shall satisfy the certification requirements of the Children's Services Division. DEDICATION: The designation of land by its owner for any general or public use. (10-11-82) DESIGNATED SITE (historic site, cultural resource site, landmark site): A parcel or part thereof on which a cultural resource is situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated pursuant to this Ordinance. DESIGNATED STRUCTURE (landmark, cultural resource, historic structure): Any improvement that has special historical, cultural, aesthetic or architectural character, interest or value as part of the development, heritage or history of the county, the State of Oregon, or the nation and that has been designated pursuant to this ordinance. DIRECT ROUTE: The shortest reasonable route between two points. A route is considered direct if it does not involve significant out of direction travel that could be avoided. Out of direction travel is significant if it is more http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 . Page 6 of 20 than 50% longer than the straight line between two points. (9-8-94) DISTINCTIVE URBAN FOREST: Forested or woodland areas which are visually prominent or contain unique or rare tree and plant communities. These areas are usually found in association with other open space resources within the urban area. DWELLING: Any building, or portion thereof, designed for residential occupancy, to include a residential trailer, mobile home and manufactured home but not a recreational vehicle. (11/24/99) DWELLING, ACCESSORY: A dwelling unit with a separate entrance that shares at least one building wall, or portion thereof, with a single family, detached dwelling unit, or an accessory structure on the same tax lot, but not a two or three family dwelling. For purposes of these provisions, 'wall' does not include a breezeway, porch or awning. (11-05-98) DWELLING, COMMONWALL: A dwelling which shares at least one wall, or portion thereof, with another dwelling and which is allowed in a single-family residential district subject to the same density requirements as single family detached dwellings in those districts. A commonwall dwelling may,or may not, include a separate lot. DWELLING, MULTIFAMILY: A dwelling within an apartment house. DWELLING, SINGLE-FAMILY: A detached separate building designed for, and occupied exclusively by a family, but not a manufactured dwelling or residential trailer. (11/24/99) DWELLING, TWO-AND THREE-FAMILY: A building designed to house two (2) or three (3) families together, whether related to each other or not. DWELLING UNIT: A building or portion thereof with one (1) or more rooms designed for occupancy by one (1) family for living purposes which provides a minimum of 200 square feet of floor area for per resident. (5-29-91) A B C D E F G H I KnM N O P RnnU V W Y EASEMENT: A right of usage of real property granted by an owner to the public or to specific persons, firms, and corporations. (10-11-82) AB C D nn G H ® K L M N O P R M T U V WY FAMILY: Any individual or group of persons, regardless of relationship but not exceeding more than fifteen (15) persons living together as a single housekeeping unit within a dwelling unit (as defined in this section). (11/24/99) FAMILY DAYCARE PROVIDER: A day-care provider who regularly provides day care to fewer than 13 children, including the children of the provider, regardless of full-time or part-time status, in the provider's home in the family living quarters. Provision of day care to 13 or more children in the home of the provider shall constitute the operation of a "day-care facility," as defined in this section, and shall be subject to the requirements of this Ordinance for day-care facilities. A family day-care provider to seven or more children shall satisfy the certification requirements of the Children's Services Division. (12-13-89) FARM, COMMERCIAL: A farm unit with all of the following characteristics: a. The land is used for the primary purpose of obtaining a profit in money from activities described in Sections 401.04C1; b. The net income derived from farm products is significant; and c. Products from the farm unit contribute substantially to the agricultural economy, to agricultural processors and farm markets. http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 7 of 20 FARM, NONCOMMERCIAL: A parcel where all or part of the land is used for production of farm products for use or consumption by the owners or residents of the property, or which provides insignificant income. (7-15-81) FARM OPERATOR: A person who owns, leases or rents property for farm use and actively manages the property while living on the same premises as the farm use. (5-3-82) FEE-IN-LIEU OF LAND: Payment made instead of a land donation to satisfy a particular development requirement, such as park lands or school sites. FINAL SUBDIVISION (plat): The Plat of a plan, subdivision, dedication or any portions thereof, approved and prepared for filing for record with the County Clerk and containing those elements and requirements as set forth in this Ordinance and as required by State statute. (10-11-82) FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols. FLAG LOT: A lot or parcel which has access to a road, street or easement, by means of a narrow strip of lot or easement. (11-05-98) FLEX SPACE: A building constructed to accommodate a variety of commercial,office and/or light industrial uses, including: administration, direct and telephone sales, back-office operations,product assembly, component and inventory warehousing, shipping and related or similar activities. (12-23-98) FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of porches and exterior stairs, multiplied by the number of stories or portion thereof The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Floor area shall not include portions of buildings used for parking of vehicles, except the square footage of commercial uses in parking structures can be counted as part of the total floor area. (12-23-98) • FLOOR AREA RATIO (FAR): A measurement of density expressed as the ratio of square footage of building floor area to the square footage of the net site area. The greater the ratio, the greater the density. For example, a building occupying one-fourth of the net site area has a FAR of.25: 1, or .25; adding a second floor to the same building increases the FAR to .50:1, or .5. (12-23-98) FRATERNITY OR SORORITY HOUSE: A building occupied by and maintained exclusively for students affiliated with a school or college. A B C D E F W Y GRADE: The line of the street or ground surface deviation from the horizontal. (10-11-82) GREEN FEEDSTOCKS: Are defined as including yard debris, non-treated wood waste, vegetative food waste, produce waste, vegetative restaurant waste, vegetative food processor by-products, crop waste and livestock manure. For the purpose of these provisions, "non-treated wood waste" excludes wood waste treated with paint, varnish or other chemicals or preservatives. (11-05-98) GUEST HOUSE/STUDIO: (Revised 2-3-88) A guest house or studio is a separate accessory structure, or portion thereof, which is built to residential (R-3 occupancy)building code requirements and which is used by members of the family residing in the primary dwelling or their nonpaying guests or employees on the premises. A "guest house" or "studio" shall be a temporary living area, and shall not be used for boarders or lodgers, except as approved as a conditional use under the subject district. Guest houses and studios shall be subject to the provisions of Section 833. ABC DnnG HnK L M N O P RnnU V WY http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 8 of 20 HAZARDOUS SUBSTANCE, MATERIAL OR WASTE: Any hazardous substance, material or waste listed in the following federal regulations: a. Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 302 Extremely Hazardous Substances List (40 C.F.R 355, App. A and B); b. Comprehensive Environmental Response Compensation & Liability Act Superfund (CERCLA) of 1980, Hazardous Substances List (40 C.F.R 302, Table 302.4); c. SARA of 1986, Section 313, Toxic Chemicals List (40 C.F.R Section 372.65); d. Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes List (P & U Categories) (40 C.F.R Section 261.33(e) and (f)); and • e. DOT Hazardous Materials Table (49 C.F.R Part 172.101). HELIPORT: An area of land, water, or structure designated for the landing and takeoff of helicopter or other rotorcraft. HELISTOP: A heliport which is designed and used for a specific purpose, on an infrequent basis, and accessory to another use of the property. Helistops shall not include aircraft hangars or maintenance facilities. HISTORIC AREA: Any area containing improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical of the history of the County and which improvements constitute a distinct section of the County that has been designated a cultural resource district pursuant to this ordinance. HOME COMPOSTING: A composting area operated and controlled by the owner or person in control of a single family dwelling unit and used to dispose of vegetative waste, garden wastes, weeds, lawn cuttings, leaves and prunings generated from that property. (11-05-98) HOME OCCUPATION: An occupation or business activity which results in a product or service and which: is conducted, in whole or in part, in either the dwelling or in an accessory building normally associated with permitted uses; is conducted by at least one family member occupying the residence; and is clearly subordinate to the residential use of the dwelling and premises. Home occupations do not include garage sales, yard sales, Christmas bazaars, or home parties which are held for the purpose of the sale or distribution of goods or services. However, if such sales and/or parties are held more than six times in any calendar year, or operate in excess of 24 cumulative days in a calendar year, such sales and/or parties shall be considered a home occupation. (2-2-87) HOMEOWNERS ASSOCIATION: The grouping or uniting of persons residing within a defined area, such as a subdivision, into an incorporated entity for the prosecution of a common enterprise. (10-11-82) HOSPITAL, ANIMAL: A building or premises for the medical or surgical treatment of domestic animals or pets, including dog, cat, and veterinary hospitals. HOTEL: A building which is designed or used to offer short-term lodging for compensation, with or without meals, for six (6) or more people. A facility that is operated for the purpose of providing care beyond that of room and board is not a "hotel". HOUSEKEEPING UNIT: A living arrangement within a dwelling unit in which a common kitchen facility, laundry facility, living and dining rooms and other general living areas of the dwelling, and the duties, rights and obligations associated with the performance of domestic tasks and management of household affairs, are shared by the residents by virtue of legal relationship or mutual agreement. (5-29-91) HYDROELECTRIC FACILITY: Any facility relating to the production of electricity by waterpower, including, but not limited to the power generating plant, associated dams, diversions, penstocks, navigation locks, fish ladders, fish screens, reservoirs and detention areas, recreation facilities, interconnecting transmission lines, substations, access roads, offices or commercial and industrial structures proposed to be built in connection with the energy http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR - ZDO 202 Page 9 of 20 facility;and activities involved in their construction and operation. (7-26-82) AB C D n F G H I K n M N O n R n T U V W Y IMPROVEMENT: Any building structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment. INDIRECT ILLUMINATION: A nonelectric sign illuminated by an indirect or separate light source. A B C D M F G H I K L M N O P R S U U V W Y KENNEL: Any lot or premises on which four(4) or more dogs, more than six (6)months of age or with permanent canine teeth, are kept for purposes other than a veterinary clinic. KIOSK: A small structure used as a newsstand, information booth, refreshment stand, bandstand, or display of goods, etc. A B C D E F G H I KnM N ORIR SnUV WY LIMITED USE: A use allowed in a district on a limited basis and subject to conditions specified therein which are generally more restrictive than the conditions placed on primary or accessory uses within the same district. LOT: A unit of land created by a subdivision of land. For the purposes of this Ordinance, lot includes parcel unless otherwise specified in the context of the specific provisions. (2-9-95) LOT AREA: The total horizontal area within the lot lines of a lot. LOT, CORNER: A lot with street frontage on two streets intersecting at a corner of the lot. A lot within the radius curve of a single street is not a corner lot. A lot with access limited to, and frontage on, a state, County, public or private road and also with frontage on an intersecting private road or access drive is not a corner lot for the purpose of determining setbacks provided that the lot does not take access onto the latter abutting private road or access drive. In such a case, the frontage on the latter private road or access drive shall be treated as a side lot line. (11-05- 98) LOT COVERAGE: The area of a lot covered by a building or buildings expressed as a percentage of the total lot area. LOT DEPTH: The "lot depth" is the mean horizontal distance between the front line and the rear lot line of a lot. LOT, DOUBLE FRONTAGE: A lot with street frontage along two opposite boundaries. See also "REVERSE FRONTAGE LOT" AND "THROUGH LOT". (11-05-98) LOT LINE, FRONT: Any boundary line separating the lot from a County, public, state or private road, or access drive. Except as otherwise provided in Subsection 903.07 of this Ordinance, the front lot line of a flag lot, for the purpose of determining setbacks, shall be within the boundaries of the lot by a distance equal to the width of the narrow strip or easement providing access to the lot. The front lot line shall be parallel to, the lot line extending from the road to the lot line opposite and most distant from the road. (See following illustration for flag shaped lot). (11- 05-98) LOT LINE,REAR: Any boundary line opposite and most distant from the front lot line, and not intersecting a front lot line. In the case of a corner lot, the rear lot line shall be any one of the boundary lines opposite the front lot lines. Any other opposite boundary line shall be a side lot line (see illustration above for corner lot). In the case of a triangular-shaped lot, there shall be no rear lot line for setback purposes. (11-05-98) http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 10 of 20 LOT LINE, SIDE: Any boundary line not a front or rear lot line. LOT OF RECORD: A lot, parcel, other unit of land, or combination thereof, that conformed to all zoning and Subdivision Ordinance requirements and applicable Comprehensive Plan provisions, in effect on the date when a recorded separate deed or contract creating the lot, parcel or unit of land was signed by the parties to the deed or contract; except: (2-9-95) a. Contiguous lots under the same ownership when initially zoned shall be combined when any of these lots, parcels or units of land did not satisfy the lot size requirements of the initial zoning district, excluding lots in a recorded plat. b. A unit of land created solely to establish a separate tax account, or for mortgage purposes, that does not conform to all zoning and Subdivision Ordinance requirements and applicable Comprehensive Plan provisions, in effect on the date when a recorded separate deed, tax account or contract creating it was signed by the parties to the deed or contract, unless it is sold under the foreclosure provisions of Chapter 88 of the Oregon Revised Statutes. LOT,REVERSE FRONTAGE: A double-frontage lot for which the boundary along one of the streets is established as the rear lot line. The rear lot line of the lot shall be that boundary abutting a primary arterial, railroad right-of-way or other feature which shall preclude access. See also "DOUBLE FRONTAGE LOT" AND "REVERSE FRONTAGE LOT". (11-05-98) LOT, THROUGH: Lots, other than corner lots, that abut on two or more streets. See also "DOUBLE FRONTAGE LOT" AND "REVERSE FRONTAGE LOT". (11-05-98) LOT WIDTH: The "lot width" is the mean horizontal distance between the side lot lines of a lot measured within the lot boundaries. LOT, ZONING: A "zoning lot or lots" is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record. AB C. D E [ . H ® K L M N OnR SnU V WY MAJOR TRANSIT STREET: Major transit streets, for the purpose of setting standards for orientation of development to transit, shall be those streets planned for Rapid Bus Transit and Primary Bus as shown on Comprehensive Plan Map V-5, and any other street that receives 20 minute or better service at the PM Peak traffic peak. (6/29/00) MAP: A final diagram, drawing or other writing concerning a major or minor partition. (10-11-82). MANUFACTURED DWELLING: A mobile home or manufactured home but not a residential trailer or recreational vehicle. (11/24/99) MANUFACTURED HOME: A structure constructed on or after June 15, 1976, for a movement on the public highways that has sleeping, cooking and plumbing facilities, that is designed, intended to be and/or being used for human occupancy by a family for residential purposes, and constructed in accordance with Federal manufactured housing construction and safety standards and regulations in effect at the time of construction. (11/24/99) MANUFACTURED HOME PARK: Any place where four or more manufactured homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent, lease or barter the use of such facilities. A manufactured home park does not include a lot or lots located within a subdivision. (11/24/99) MASTER PLAN: A sketch or other presentation showing the ultimate development layout of a parcel of property http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 11 of 20 that is to be developed in successive stages or subdivisions. The plan need not be completely engineered but shall be of sufficient detail to illustrate the property's inherent features and probable development pattern. (10-11-82) MOBILE HOME: A structure constructed between January 1, 1962 and June 15, 1976, for movement on the public highways that has sleeping, cooking and plumbing facilities, that is designed, intended to be and/or being used for human occupancy by a family for residential purposes and met the construction requirements of Oregon mobile home law in effect at the time of construction. (11/24/99) MOTEL: A building or series of buildings in which lodging only is offered for compensation and which may have more than five (5) sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to and adjoining parking for each rental unit designed primarily for automobile tourists and transient persons. The term includes auto courts, tourist courts, tourist homes, and motor lodges. MULTIFAMILY USE: Two (2) or more families living together on one lot which is of insufficient size to support the same number of single-family detached dwellings. MULTI-USE DEVELOPMENT: A Multi-Use Development is a development which includes a number of distinct categories of uses, one or more of which is not allowed as a primary or accessory use in the underlying zoning district. Multi-Use Developments are allowed as conditional uses subject to the procedures and standards set forth in Section 1016 of this Ordinance. (10-29-86) A B C D F F G H I K L M N O P R n T U W Y NONCONFORMING DEVELOPMENT: An element of development, such as landscaping, parking, height, signage, or setbacks that was created in conformance with development regulations which, due to a change in the zone or zoning regulations, is no longer in conformance with the current applicable regulations. (08-27-93) NONCONFORMING USE: A use of any building, structure or land allowed by right when established or that obtained a required land use approval when established but, due to a change in the zone or zoning regulations, is now prohibited in the zone. (08-27-93) NONFARM USE: A dwelling, or the creation of a lot for a dwelling, not provided in conjunction with a farm use in an agricultural district. NONFOREST USE: A dwelling, or the creation of a lot for a dwelling, not provided in conjunction with a principal use in a Transitional Timber district, or a dwelling not provided in conjunction with a principal use on an existing lot in a General Timber District, or General Timber, 40 acre, district. NUDITY OR NUDE: Being devoid of a covering for the male or female genitalia consisting of an opaque material which does not simulate the organ covered and, in the case of a female, exposing to view one or both breasts without a covering over the nipple that is at least three(3) inches in diameter and does not simulate the organ covered. (12- 19-84) NURSERY: The propagation of trees, shrubs, vines or flowering plants for transplanting, sale, or for grafting or budding; planting of seeds or cuttings; grafting and budding one variety on another; spraying and dusting of plants to control insects and diseases, and buying and selling the above plant stock at wholesale or retail. Help and seasonal labor may be employed. The term "nursery" contemplates the sale of a product of such nursery. The conduct of a nursery business presumes parking places for customers, the keeping of sales records, and quarters for these functions. However, the use does not include the business of reselling goods purchased off the premises, except plant stock, or the establishment of a roadside stand. NURSING HOME: A nursing, convalescent, or rest home facility licensed by the State under ORS chapters 441 and 442, or an assisting living facility licensed under ORS 443, which provides, for a period exceeding twenty-four (24) hours, the continuous services of licensed nursing personnel to care for chronically ill or infirm patients, exclusive of those patients related to the owner or facility administrator by blood or marriage. Such nursing, http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 12 of 20 convalescent, or rest home must provide nursing services to those patients who, in the judgment of a physician, registered nurse, or facility administrator, require remedial, restorative, supportive, or preventive nursing measures. (2-9-95) A BnDnnG H I IKnM N OF1RnnU V W Y OPEN SPACE: Land within a development which has been dedicated in common to the ownership within the development or to the public specifically for the purpose of providing places for recreational uses or for scenic purposes. Open space shall be used as such in perpetuity. (10-11-82) OVERBURDEN: Earth that lies above a natural deposit of a mineral. OWNER: Person or persons holding fee title to a parcel, lot or tract of land, except in those instances when the land is being sold on contract, the contract purchaser shall be deemed the owner. An _ nn _ ® _ L M N OMR SnU V WY PARCEL: A unit of land created by a partition of land. For the purposes of this Ordinance,parcel includes lot and lot of record unless otherwise specified in the context of the specific provisions. (2-9-95) PARKING STRUCTURE: A structure having at least two levels which is designed and used for parking vehicles, or a structure having one level of covered parking area under an open space or recreational use. A one level surface parking area, garage or carport shall not be considered a "parking structure" for purposes of this Ordinance. (8-9-82) PARTITION: To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partition" does not include divisions of land resulting from lien foreclosures, divisions of land resulting from foreclosure of recorded contracts for the sale of real property and divisions of land resulting from the creation of cemetery lots;.and "partition" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance. "Partition" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. (10-11-82) PEDESTRIAN AMENITIES: Improvements directly accessible to pedestrians that promote and facilitate pedestrian use, including plazas, pocket parks, courtyards, awnings, fountains, outside seating areas, and street furniture. (12-23-98) PEDESTRIAN PATH: As a surrogate for a sidewalk in Rural areas or Rural Centers where there is no curb, this is a hard surfaced pedestrian facility adjacent to a public roadway but protected from vehicular traffic or setback behind a planting strip. (9-8-94) PEDESTRIAN SCALE LIGHTING: Street lights designed to illuminate sidewalks to provide security for nighttime use by pedestrians. Pedestrian scale lighting includes ornamental lighting with a fourteen(14) to twenty- five (25) feet mounting height and which meets the Illumination Society guidelines for Commercial Collector roadways. (12-23-98) PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended, usually in series, from a rope, wire, or string, and designed to move in the wind. PLANNING DIRECTOR: The administrative official of Clackamas County, or authorized staff member, designated to administer the responsibilities of the Planning Division. (4-12-82) PLAT: The final map which is a diagram, drawing, replat or other writing containing all the descriptions, locations, http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 13 of 20 specifications, dedications, provisions, and information concerning a partition or subdivision. (12/04/97) PRELIMINARY PLAN: A clearly legible and approximate drawing of the proposed layout of streets, blocks, lots and other elements of a subdivision or partition which shall help furnish a basis for the approval or disapproval of the general layout of the major partition, short subdivision, subdivision or other development. For the purposes of this Ordinance, the terms "preliminary" and "tentative" as used in Chapter 92, Oregon Revised Statutes, shall be synonymous. (10-11-82) PREMISES: A lot, building, or portion of a lot or building, occupied by a use with its appurtenances. PRESERVATION, CULTURAL RESOURCES: The identification, study, protection, restoration, rehabilitation or enhancement of cultural resources. PRIMARY BUILDING WALL: Exterior building wall which contains a public entrance to the occupant's premises and faces either a street or a parking area. (12-4-97) PRINCIPAL DWELLING,NATURAL RESOURCE: A dwelling provided in conjunction with a farm or forest use in an agricultural or forest district which is occupied by the owner or primary operator of the farm or forest use on the property. PRODUCE STAND: An accessory facility to a farm use. As a permitted use, a produce stand shall be located on property owned or leased by the produce stand operator for the production of farm products. As a conditional use, a produce stand may include the sale of farm products produced by other farmers, but excludes the sale of meats. Such facility may include the sale of incidental and related items. Produce stands are subject to the regulations and licensing requirements of the Food and Dairy Division of Oregon Department of Agriculture, the requirements of the Uniform Building Code, and the parking and signing requirements of this Ordinance. (10-8-92) PROFESSIONAL-TYPE SERVICES: A professional-type service shall include activities such as those offered by a physician, surgeon, dentist, lawyer, architect, engineer, accountant, artist, teacher, real estate and insurance sales. PUBLIC OWNERSHIP: Land owned by federal, state regional or local government or governmental agency. PUBLIC UTILITY: A utility regulated by the Public Utility Commission under ORS 757 or any other utility that provides electrical energy directly to consumers within the State of Oregon, including, but not limited to, municipalities, cooperatives and people's utility districts. When this definition differs from that in ORS 758.500, the definition in ORS 758.500 shall prevail. (4-12-82) PUBLIC WATER SYSTEM: A system for the provision to the public of piped water for human consumption, if such system has more than three service connections and is a facility licensed by the State of Oregon Health Division. (12-16-93) A B C D E F G H I KnM N O P R SMU V WY RECORDER'S PLAT SHEET: A standard "recorder's plat sheet" shall be a good quality, white, cold-pressed, double-mounted drawing paper eighteen (18) inches by twenty-four(24) inches in size with the muslin extending three (3) inches at one end for binding purposes. No portion of the map or drafting shall be closer than one (1) inch of the edge of the board. (10-11-82) RECREATIONAL VEHICLE: A vehicle licensed by the Oregon State Department of Motor Vehicles, with or without motive power, which is designed, intended to be and/or used for temporary human occupancy for recreation, seasonal or emergency purposes, and has a gross floor area not exceeding 400 square feet in the set-up mode. These shall include but are not limited to park trailers, travel trailers,pickup campers, motor homes, fifth wheel trailers, camping and tent trailers. (11/24/99) RECYCLABLE DROP OFF SITE: A convenient location not within a public right-of-way where mobile depots or drop boxes may be sited as a recyclable material collection point for nearby residents prior to delivery to a broker http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 14 of 20 or user of such materials. (12-13-89) RECYCLE/RECYCLING: A process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity. It shall also include the collection, transportation, or storage of products by other than the original user or consumer, giving rise to the product's being in the stream of commerce for collection, disposal, recycling, reuse, resource recovery, or utilization. (12-13-89) RECYCLING CENTER: A facility that primarily purchases for recycling or reuse principal recyclable materials which have been source-separated by type, such as vegetative yard debris, paper, glass, and metal, by the person who last used the unseparated solid wastes, but not a salvage or junk yard. Principal recyclable materials are those items defined as such by the Oregon Department of Environmental Quality. (12-13-89) RELATIVE: A parent, child, brother, sister, grandparent or grandchild of a person or person's spouse. (5-3-82) RESERVE STRIP: A strip of land, usually one (1) foot in width, across the end of a street or alley which shall be under the ownership of the County to insure street extensions where needed. (10-11-82) RESIDENTIAL HOME: Any dwelling unit or residential building operated as a single housekeeping unit for the purpose of providing food, shelter, personal services and care, as defined in this ordinance, and when appropriate, a planned treatment or training program of counseling, therapy, or other rehabilitative social service, for persons of similar or compatible conditions of circumstances. (5-29-91) RESIDENTIAL TRAILER: A structure constructed prior to January 1, 1962, for movement on the public highways that has sleeping, cooking and plumbing facilities, that is designed, intended to be and/or being used for human occupancy by a family for residential purposes and that was constructed in accordance with Federal Manufactured housing construction and safety standards and regulations in effect at the time of construction and is greater than 400 square feet and less than 700 square feet. (11/24/99) RESOURCE RECOVERY FACILITY: Any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse, but not a salvage or junk yard. RIGHT-OF-WAY: A passageway conveyed for a specific purpose such as for road or utility purposes. (11-05-98) ROAD: A public or private way created to provide ingress to, or egress from, one or more lots, parcels, areas or tracts of land, or that provides for travel between places by vehicles. A private way created exclusively to provide ingress and egress to land in conjunction with a forest, farm or mining use is not a"road:". The terms "street", "access drive" and "highway" for the purposes of this Ordinance shall be synonymous with the term "road". (11-05- 98) ROAD, COUNTY: A public way under County jurisdiction which has been accepted into the County road maintenance system by order of the board of county Commissioners. (11-05-98) ROAD, PRIVATE: A private way created by deed or easement to provide vehicular ingress to, or egress from, three (3) or more lots or parcels. (11-05-98) 'ROAD, PUBLIC: A public way dedicated or deeded for public use but not accepted into the County road maintenance system, intended primarily for vehicular circulation and access to abutting properties. (11-05-98) ROADWAY: That portion of a road or alley that has been improved for vehicular traffic. (10-11-82) A B C D E F G H ® K n M N O n R FSTI 1 U V W Y SALVAGE: Separating, collecting or retrieving reusable solid waste for resale. http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 15 of 20 SALVAGE,JUNK YARD: A location on which solid wastes are separated, collected, and/or stored pending resale. SCHOOL, COMMERCIAL: A building where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. SCHOOL, PRIVATE: Includes private kindergartens, nurseries, play schools, and church-related schools. SCREENING: Sight-obscuring fence, or sight-obscuring planting. SEASONAL FARM WORKER: Any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in production of farm products or planting, cultivating or harvesting of seasonal agricultural crops or in reforestation of lands, including but not limited to, the planting, transplanting, tubing, pre- commercial thinning, and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. (11-27-96) SEASONAL FARM WORKER HOUSING: Housing limited to occupancy by seasonal farm workers and their immediate families, that is occupied for no more than nine months in a calendar year. (11-27-96) SERVICE STATION: A commercial establishment with sales and services limited to the sale of motor fuels and supplying goods and service generally required in the operation and maintenance of automotive vehicles and fulfilling a motorist's needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubricating services; the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products. Major automotive repairs, painting and fender work are excluded. SIDEWALK: A concrete pedestrian facility adjacent to a curb along a public road or setback from the curb behind a planting strip. (9-8-94) SIGHT-OBSCURING FENCE: Any fence or wall which conceals or makes indistinct any object viewed through such fence or wall. SIGHT-OBSCURING PLANTING: A dense perennial evergreen planting with sufficient foliage to obscure vision and which will reach a height of at least six (6) feet within thirty (30)months after planting. SIGN: A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors displayed out of doors in view of the general public so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid or other type of identification. This definition specifically includes billboards, ground signs, freestanding signs, wall signs, roof signs, logo signs, and signs on the following: marquees, awnings, canopies, street clocks and furniture and includes the surface upon which the presentation or representation is displayed. SIGN,ANIMATED: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. SIGN AREA, OR SURFACE AREA: The area, on the largest single face of a sign, within a perimeter which forms the outside shape of a sign. If the sign consists of more than one module, the total area of all modules will constitute the sign area. The area of a sign having no such perimeter or boarder shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in flat projection for the purpose of computing sign area. SIGN, BUILDING: Any sign attached to any part of a building, as contrasted to a freestanding sign. SIGN, CHANGEABLE COPY: A sign or portion thereof with characters, letters,or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 16 of 20 this ordinance. SIGN, COMMERCIAL: Any sign associated with a commercial activity. SIGN, ELECTRONIC MESSAGE CENTER: A sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control, and includes electronic time and temperature displays and the device known in the advertising industry as a commercial electronic variable message sign. (3-26-86) SIGN, FREESTANDING: A sign not attached to a building. SIGN, INCIDENTAL: A sign, generally informational, that has a purpose secondary to the use of the site on which it is located, such as "no parking," entrance," "loading only," "telephone," and other similar directives. SIGN, INTEGRAL ROOF: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. SIGN, LOGO: A sign consisting of a trademark or symbol. SIGN, MESSAGE: Anything displayed on an electronic message center sign, including copy and graphics. (3-26- 86) SIGN, MONUMENT: A sign which extends from the ground or which has a support which places the bottom thereof less than two (2) feet from the ground. SIGN, OFF-PREMISES: A sign which advertises goods, products or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located. SIGN, POLE: A sign erected and maintained on a freestanding frame, mast or pole and not attached to any building but does not include ground-mounted signs. SIGN, PORTABLE: Any sign not permanently attached to the ground or other permanent structure, and/or designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used as other than a sign in the normal day-to-day operations of the business for transportation of goods and/or personnel. SIGN, PROJECTING: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall. SIGN, PUBLIC SERVICE INFORMATION: Any sign, or message on an electronic message center sign, which provides the time, date, temperature, weather, or information concerning civic, charitable or other noncommercial activities. (3-26-86) SIGN,RESIDENTIAL: Any sign associated with a dwelling. SIGN, ROOF: Any sign erected and constructed wholly on and on top of the roof of a building, supported by the roof structure. SIGN, SEGMENTED MESSAGE: Any message or distinct subunit of a message presented by means of at least one display change on an electronic message center sign. (3-26-86) SIGN,TEMPORARY: Any sign that is normally considered to be of temporary duration and is not permanently mounted. Examples include,but are not limited to: commercial signs for limited term events, election signs, real estate signs, etc. http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR -ZDO 202 Page 17 of 20 SIGN, TRAVELING MESSAGE: A message which appears to move across an electronic message center sign. (3- 26-86) SIGN, WALL: Any sign parallel to, and attached within six inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. SIGN,WINDOW: Any sign, pictures, symbol, or combination thereof, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. SIGNIFICANT NATURAL AREAS: Natural areas as defined in "Oregon National Areas - Clackamas County Data Summary" published by The Nature Conservancy. This list of natural areas may be amended by the County as additional areas are identified. SMALL POWER PRODUCTION FACILITY: A facility that produces energy primarily by use of biomass, waste, solar energy, wind power, water power, geothermal energy or any combination thereof, having a power production capacity that, together with any other facilities located at the same site, is not greater than 80 megawatts; and such facility is more than 50 percent owned by a person who is not a public utility, an electric utility holding company or an affiliated interest. When this definition differs from that in ORS 758.500, the definition in ORS 758.500 shall prevail. (4-12-82) SOLID WASTE: Solid waste shall include all putrescible and non-putrescible waste, including, but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land clearing debris; sewer sludge; residential, commercial and industrial building demolition or construction waste; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; special vehicles and equipment that are immobile and/or inoperable,manufactured dwellings or residential trailers which are dilapidated, partially dismantled or fire damaged; manure; feces; vegetable or animal solid and semi-solid waste and dead animals; and infectious waste. Waste shall mean useless, unwanted or discarded materials. The fact that materials which would otherwise come within the definition of Solid Waste may, from time to time, have value and thus be utilized shall not remove them from the definition.The terms Solid Waste or Waste do not include: (11/24/99) a. Environmentally hazardous wastes as defined in ORS 466.055; b. Materials used for fertilizer or for other productive purposes on land in agricultural operations in the growing and harvesting of crops or the raising of fowl or animals. This exception does not apply to the keeping of animals on land which has been zoned for residential non-agricultural purposes; c. Septic tank and cesspool pumping or chemical toilet waste; d. For purposes of Article V of this Ordinance, reusable beverage containers as defined in ORS 459A; e. Source separated,principal recyclable materials as defined in ORS 459A and the Rules promulgated thereunder and under this Ordinance, which have been purchased or exchanged for fair market value, unless said principal recyclable materials create a public nuisance pursuant to Article II of this Ordinance; f. Applications of industrial sludges or industrial waste by-products authorized through a Land Use Compatibility Statement or Management Plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted method approved by the Land Use Compatibility Statement or Management Plan, but not to exceed 100 dry tons per acre annually; g. Stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, non- agricultural, or silvicultural operations. Sludge derived products applied for beneficial uses on land in • landscaping projects. (11-5-98) SPECIFIED SEXUAL ACTIVITIES: Real or simulated acts of human sexual intercourse, human/animal sexual intercourse, masturbation, sadomasochism abuse (as defined on ORS 167.060), sodomy, or the exhibition of human sexual organs in a stimulated state, or the characterization thereof in printed form. This definition shall not be construed to allow uses or activities which are unlawful under State criminal laws. (12-19-84) STABLE, BOARDING OR RIDING: Premises that are used by the public for the training, riding, boarding, public exhibition or display of livestock for commercial or noncommercial purposes. An agricultural building, as defined in Chapter 4 of the Uniform Building Code, or premises used for the boarding, training or riding of three (3) http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 18 of 20 or less livestock other than those of the operator of the premises shall not be a "stable" for the purposes of this Ordinance. (8-31-81) STATIONARY WINDOWS: A window that cannot be opened and is used for light only. STORY: A portion of a building included between a floor and the ceiling next above it, exclusive of a basement. STREAM: A body of perennial running water, together with the channel occupied by such running water. STREAM CORRIDOR AREA: An area including the streambed and a required strip or buffer of land on each side of the streambed necessary to maintain streamside amenities and existing water quality. The width of the stream corridor area varies with the site conditions and shall be determined by on-the-ground investigation, as provided under subsection 1002.05B. The intent of the stream corridor area shall be to preserve natural environmental qualities and the function of land to purify water before it reaches the stream but not to prohibit timber management activities pursuant to the State Forest Practices Act. (8-5-82) STREET FRONTAGE: : The entire linear distance of a lot abutting a street. Toe strips or flair strips shall not be used to satisfy the minimum street frontage requirements of the Ordinance. (11-05-98) STREET: See "ROAD". (11-05-98) STREET FURNITURE: Any structural element other than residential, industrial or commercial buildings, streets, sidewalks and curbs shall be considered street furniture including, but not limited to, benches, bus shelters, newsstands, bulletin boards, kiosks, drinking fountains, bicycle stalls, etc. STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. SUBDIVIDE: To divide an area or tract of land into four (4) or more lots within a calendar year when such area or tract exists as a unit or contiguous units, under a single ownership at the beginning of such year, whether or not that area or tract of land is divided by a watercourse or a road right-of-way. (10-11-82) SURFACE MINING: Includes the mining of minerals by removing overburden and extracting a natural mineral deposit thereby exposed, or simply such extraction. Surface mining includes open-pit mining, auger mining, production of surface mining waste, prospecting and exploring that extracts minerals or affects land, processing to include rock crushing and batch plant operations, and excavation of adjacent offsite borrow pits other than those excavated for building access roads. (9/12/91) SURFACE MINING, MINERALS: Includes soil, clay, stone, sand, gravel, and any other inorganic solid excavated from a natural deposit in the earth for commercial, industrial,or construction use. (9/12/91) SURFACE MINING, NONAGGREGATE MINERALS: Coal and metal-bearing ores, including but not limited to ores that contain nickel, cobalt, lead, zinc, gold, molybdenum, uranium, silver, aluminum, chrome, copper or mercury. (7-83) SURFACE MINING, OPERATOR: A legal entity engaged in surface mining or in an activity at a surface mining site preliminary to surface mining. SURFACE MINING, RECLAMATION: Procedures designed to minimize the disturbance from surface mining and to provide for the rehabilitation of surface resources through the use of plant cover, soil stabilization, and other procedures to protect the surface and subsurface water resources, and other measures appropriate to the subsequent beneficial use of mined lands. (9/12/91) A BnDnnG H I K1M N O P RnT U V WY http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 0 Page 19 of 20 TRACT: One or more contiguous lots or parcels under the same ownership. (2-9-95) TRAIL: A hard or soft surfaced facility for pedestrians, or equestrians separate from vehicular traffic. Trails often go through natural areas and are designed to have a minimual impact on the natural environment. (9-8-94) TRANSFER STATION: A fixed or mobile facility used as part of a solid waste collection and disposal system or resource recovery system, between a collection route and a processing facility or a disposal site, including but not limited to drop boxes made available for general public use. Ths definition does not include solid waste collection vehicles. TRANSIT STOP: Any posted bus or light rail stop. (9-8-94) TRANSITIONAL AREA: The lot or lots within any residential district, having a lot line abutting and impacted by a boundary of a commercial or industrial district and extending into the residential district where such use will not adversely impact existing residential uses. A B C DnF G H ® K L M N OnR S T U V WY UNDERGROUND STRUCTURE: A structure in which more than fifty (50) percent of the cubic footage of the enclosed, covered space is (1) constructed below the highest elevation of the ground adjoining the structure site prior to excavation; and(2) covered over by ground materials, such as soil, sod, sand or exterior paving, which are continuous on at least one side of the structure with contiguous surface ground materials. Conventional roofing materials may be used to cover any portion of the structure which extends above ground elevation. For an underground structure to be a "dwelling unit" access must be provided to outdoor space at floor level (within two (2) feet of elevation) equal to at least twenty(2)percent of the square footage of the enclosed, covered area of the structure. Underground structures must meet all appropriate Uniform Building Code regulations and the requirements of the subject zoning district, except as provided in Section 904 of this Ordinance. USE: The purpose for which land or a building is arranged, designed or intended,or for which either land or a building is or may be occupied. UTILITY CARRIER CABINETS: A small enclosure used to house utility equipment intended for offsite service, such as electrical transformer boxes, telephone cable boxes, cable TV boxes, fire alarm boxes, police call boxes, traffic signal control boxes, and other similar apparatus. (2-29-84) A B C DnF G H I KnM N O P R S T U V W Y VEHICLE, COMMERCIAL: A commercially licensed and operated vehicle exceeding the capacity of one ton. VISUALLY SENSITIVE AREAS: Prominent natural landscape features such as hillsides, forests, and waterways; historic district; visual corridors along major highways and rivers. Natural landscapes that occur within the urban area and along traffic corridors are of higher visual significance. A B C D 1-11- I G H ® KnM N O n R n T U V WY WALKWAY: A hard surfaced facility for pedestrians, within a development or between developments, distinct from surfaces used by motor vehicles. A walkway is distinguished from a sidewalk by its location on private property. (9-8-94) WASTE RELATED: Waste-related uses are characterized by uses that receive solid or liquid wastes from others http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 202 Page 20 of 20 for disposal on the site for transfer to another location, uses which collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Waste-related uses also includes uses which receive hazardous wastes from others and which are subject to the regulations of OAR 340.100-110, Hazardous Waste Management. WETLANDS: Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This definition does not apply to wetlands planned and zoned Conservation Wetlands identified in section 709. (1-4-96) A B C DnIFIG H I K L M N O P RnT U V W Y YARD: The open space, on a lot, between a structure or structures and any lot line. The minimum horizontal distance between any point on a lot line and the nearest part of any structure or building is the yard depth. YARD, FRONT: : Any yard abutting a state highway, County road,public road,private road, or access drive, except as modified by subsections 903.01 and 903.07 or this Ordinance. (11-05-98) YARD, REAR: Any yard abutting a rear lot line. YARD, SIDE: Any yard abutting a side lot line. (LAST TEXT REVISION 6/29/00) http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo202.html 09/19/2000 Clackamas County,OR- ZDO 822 Page 1 of 5 Y, SECTION 800 - SPECIAL USE REQUIREMENTS 822 HOME OCCUPATION (11/24/99) 822.01 DEFINITION 822.02 PURPOSE AND INTENT 822.03 MINOR HOME OCCUPATIONS 822.04 IMAJOR HOME OCCUPATION -URBAN 822M5 MAJOR HOME OCCUPATIONS - NONURBAN 822.06 PREEXISTING USE 822.07 PERMIT AND APPLICATION PROCEDURE FOR MAJOR HOME OCCUPATION 822.08 PERMIT RENEWAL 822.01 DEFINITION A. "Home Occupation" is an occupation or business activity which results in a product or service and which: is conducted, in whole or in part, in either the dwelling or in an accessory building normally associated with permitted uses; is conducted by at least one family member occupying the residence; and is clearly subordinate to the residential use of the dwelling and premises. B. Home occupations do not include garage sales, yard sales, Christmas bazaars, or home parties which are held for the purpose of the sale or distribution of goods or services. However, if such sales and/or parties are held more than six times in any calendar year, or operate in excess of 24 cumulative days in a calendar year, such sales and/or parties shall be considered a home occupation. 822.02 PURPOSE AND INTENT The conduct of business in residences may be permitted under the provisions of this section. It is the intent of this section to only allow such uses which: A. Ensure the compatibility of home occupations with other uses permitted in the district. B. Maintain and preserve the character of the community and residential neighborhoods; and C. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than to commercial uses. D. Provide peace, quiet, and domestic tranquility within all areas permitting residences within the County. E. Guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in areas permitting residences. 822.03 MINOR HOME OCCUPATIONS In all zones permitting residences, minor home occupations in compliance with the following regulations are permitted as accessory uses. Due to their small scale and residential nature, minor home occupations are relatively common accessory uses which are not easily detectable and are not reasonable or desirable to regulate through a special use permit. A. Scale: A minor home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling. B. Character: There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a minor home occupation. C. Participants: The number of employees is limited to 5, and no persons other than residents of the dwelling http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo822.html 09/19/2000 Clackamas County,OR- ZDO 822 Page 2 of 5 shall be employed in the conduct of a minor home occupation. D. Storage and Accessory Space: There shall be no storage of equipment, vehicles, or supplies associated with the minor home occupation outside the dwelling. Accessory buildings or structures shall not be used. E. Display of Products: There shall be no display of products visible in any manner from the outside of the dwelling. F. Signs: No advertising or display signs shall be permitted. G. Parking: The use shall not require additional offstreet parking spaces for clients or customers of the minor home occupation. H. Traffic: The use shall not generate more than five vehicle trips to and from the property in one day. I. Noise, Equipment, and Process Restrictions: .1. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to normal senses off the property. 2. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises. J. The use will not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. 822.04 MAJOR HOME OCCUPATION - URBAN Home occupations which exceed the regulations under 822.03, above, may be permitted only if a use permit is secured pursuant to the procedures under 822.07 and 822.08. Home occupations shall comply with the urban standards below if located within an urban, future urbanizable, or rural center district, or in a rural or natural resource district on a lot less than two (2) acres in size. (6-17-87) A. Participants: The home occupation shall be operated by a member of the family residing in the residence. B. Employees: There shall be no more than five (5) full or part-time employees, except for Home Occupations in the EFU Zoning District located on High Value Farmland, in which case there may be no employees other than residents of the dwelling on the property. (11/27/96) C. Access: The subject property must have frontage on, and direct access from, a constructed public, County, or State road, or take access on an exclusive road or easement serving only the subject property. If property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that all other property owners whose property access is affected agree to allow the specific home occupation described in the application. Such evidence shall include any conditions stipulated in the agreement. D. Accessory Space: In addition to the dwelling, up to 500 square feet of accessory building space may be used for the home occupation. For purposes of this section, an "accessory building" shall include any attached or detached structure which is not constructed to State of Oregon Building Code R-1 or R-3 requirements for dwellings but not manufactured dwellings, residential trailers and recreational vehicles. (11/24/99) E. Character: The character and residential function of the buildings and property shall be maintained by the appropriate use of colors, materials, design, construction, lighting and landscaping. F. Noise: A home occupation shall not create noise which, when measured off the property, exceeds 60 dba between the hours of 8:00 a.m. and 6:00 p.m. A home occupation shall not create noise which is detectable to normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off-the- property noise standards shall not apply to public rights-of-way and railroad rights-of-way. G. Equipment and Process Restrictions: No home occupation shall create vibration, glare, fumes, odors, or electrical interference detectable to normal sensory perception off the property. In the case of electrical interference, nothing shall be used which creates visual or auditory interference in any radio or television off the property. H. Outside Storage: No outside storage, display of goods or merchandise, or external evidence of a home occupation shall occur except as permitted in this section. I. Signs: A total of one (1) sign, not exceeding three (3) square feet in size, indirectly illuminated, may be located flat against the building or within a window of the building in which a home occupation is conducted. No off premise signs shall be used. J. Traffic: A home occupation shall not generate more than a total of ten (10) trips to and from the property in one day. K. Deliveries and Large Vehicle Storage: The home occupation shall not involve the use, parking, storage or repair of any vehicle exceeding a gross vehicle weight of 11,000 pounds, except deliveries by parcel post, United Parcel Service, or similar in-town delivery service trucks. http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo822.htm1 09/19/2000 Clackamas County,OR- ZDO 822 Page 3 of 5 L. Parking`. 1. No vehicle associated with a home occupation shall be stored, parked, or repaired on public rights-of- way. 2. The maximum number of vehicles which are associated with a home occupation and located on the property shall not exceed a total of four(4) at any time, including: employee vehicles; client vehicles; and vehicles to be repaired as provided under 822.04M,below. 3. Employee or client vehicles shall be limited to those having passenger license plates. 4. Parking spaces needed for employees or clients of a home occupation shall be provided in defined areas of the property which are accessible, usable, designed and surfaced for that purpose. M. Vehicle Repair: No more than two (2) vehicles for repair shall be located on the property at any time, and such vehicles shall be stored, parked, and repaired within an enclosed building. N. Hazards: If a use will alter the occupancy classification of the existing structure as specified by the original building permit, or in the opinion of the building official, then the structure must be made to conform with the State of Oregon Structural Codes and the requirements of the State Fire Marshal or the local fire district. However, in no case shall: 1. A use be allowed which requires a structure to be upgraded or built to more restrictive requirements than a B-1 occupancy; 2. Hazardous materials be used or stored on the property in quantities not typical of those normally associated with primary uses allowed in the district. O. The use will not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. 822.05 MAJOR HOME OCCUPATIONS -NONURBAN Home occupations located in rural or natural resource zoning districts on lots or parcels two (2) acres or larger that exceed the regulations set forth in 822.03 of this ordinance may be permitted only if a use permit is first secured pursuant to the procedures under 822.07 and 822.08. Such home occupations shall comply with the following standards: (6-17-87) A. Participants: The home occupation shall be operated by a member of the family residing in the residence. B. Employees: There shall be no more than five (5) full or part-time employees, except for Home Occupations in the EFU Zoning District located on High Value Farmland, in which case there may be no employees other than residents of the dwelling on the property. (11/27/96) C. Access: The subject property must have frontage on, and direct access from, a constructed public, County, or State road, or take access on an exclusive road or easement serving only the subject property. If property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that all other property owners whose property access is affected agree to allow the specific home occupation described in the application. Such evidence shall include any conditions stipulated in the agreement. D. Accessory Space: In addition to the dwelling, up to 1,000 square feet of accessory building space may be used for the home occupation. For purposes of this section, an "accessory building" shall include any attached or detached structure which is not constructed to State of Oregon Building Code R-3 requirements for dwellings, and shall include farm buildings, but not manufactured dwellings, residential trailers and recreational vehicles. (11/24/99) E. Character: The character and residential/farm function of the buildings and property shall be maintained by the appropriate use of colors, materials, design, construction, lighting and landscaping. F. Noise: A home occupation shall not create noise which, measured off the property, exceeds 60 dba between the hours of 8:00 a.m. and 6:00 p.m. A home occupation shall not create noise which is detectable to normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off-the-property noise standards shall not apply to public rights-of-way and railroad rights-of-way. G. Equipment and Process Restrictions: No home occupation shall create vibration, glare, fumes, odors, or electrical interference detectable to normal sensory perception off the property. In the case of electrical interference, nothing shall be used which creates visual or auditory interference in any radio or television off the property. H. Outside Storage: No outside storage, display of goods or merchandise, or external evidence of a home occupation shall occur except as permitted in this section. I. Signs: One (1) sign, not exceeding eight (8) square feet per side and six (6) feet in height, may be located on the property on which the home occupation is located. Such a sign: http://www.co.clackarnas.or.us/dtd/zoning/htmis/zdo/zdo822.html 09/19/2000 Clackamas County,OR- ZDO 822 Page 4 of 5 1. May be located within the required setback area of the zoning district, provided it is situated in a manner so as not to adversely affect traffic safety, corner vision, or other similar conditions. 2. Shall not have moving parts. 3. May be illuminated by indirect lighting only. 4. No lights, noisemaking or musical devices, banners, flags, or other attractions or displays shall be used to advertise a home occupation. J. Traffic: A home occupation shall not generate more than a total of fifteen (15) trips to and from the property in one day. K. Parking: 1. No vehicle associated with a home occupation shall be stored, parked, or repaired on public rights-of- way. 2. The maximum number of vehicles which are associated with a home occupation and located on the property shall not exceed a total of five (5) at any time, including: employee vehicles; client vehicles; and vehicles to be repaired. Vehicles to be repaired shall be located within an enclosed building or in an area not visible from off the property. 3. Employee or client vehicles shall be limited to those having passenger license plates. 4. No more than one (1) of the five (5) total vehicles permitted to be stored, parked, or repaired on the property shall exceed 11,000 pounds gross vehicle weight. For purposes of this provision, "one (1) vehicle" shall be any of the following: a truck; a detached trailer; or a truck tractor with no more than one (1) trailer. 5. Parking spaces needed for employees or clients of a home occupation shall be provided in defined areas of the property which are accessible, usable, designed and surfaced for that purpose. L. Hazards: If a use is intended which alters the occupancy classification of the existing structure as specified by the original building permit, or in the opinion of the building official, then the structure must be made to conform with the State of Oregon Structural Codes and the requirements of the State Fire Marshal or the local fire district. However, in no case shall: 1. A use be allowed which requires a structure to be upgraded or built to more restrictive requirements than an H-3 or H-4 occupancy, except incidental painting in conjunction with an H-3 or H-4 use; 2. Hazardous materials be used or stored on the property in quantities not typical of those normally associated with primary uses allowed in the district. M. The use will not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. 822.06 PREEXISTING USE Home occupations established before the adoption of this ordinance amendment which complied with all provisions of the ordinance then in effect, are exempt from the requirements of this section. These preexisting home occupations are nontransferable to another operator or location, and may not be enlarged without satisfying all the requirements of this section. (2-2-87) 822.07 PERMIT AND APPLICATION PROCEDURE FOR MAJOR HOME OCCUPATION A. Application: Application for a major home occupation permit shall be made to the Planning Department on a form provided by the department and shall be accompanied by the prevailing filing fee as established by the Board of County Commissioners. B. Process: Applications for a major home occupation shall be subject to the Planning Director Review procedures in Section 1305.02. (10/21/99) C. Conditions of Approval: In addition to the standards of this section, conditions of approval may be added to approved permits consistent with the intent and purpose of this section. D. Time Limit: All home occupation permits shall be valid for a period of one(1) year from initial date of approval. E. Inspection: An applicant who submits an application for a home occupation shall permit a reasonable inspection of the premises by County staff to determine compliance with this Section. (10/21/99) 822.08 PERMIT RENEWAL http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo822.htrrml 09/19/2000 Clackamas County,OR- ZDO 822 Page 5 of 5 Home occupation permits may be renewed annually. Requests for renewals shall be submitted to the Planning Department on forms provided by the Department, and shall be accompanied by the prevailing renewal fee as established by the Board of County Commissioners. Renewal applications shall be subject to the Planning Director Review procedures in Subsection 1305.02. (10/21/99) (LAST TEXT REVISION 11/24/99) • • • http://www.co.clackamas.or.us/dtd/zoning/htmis/zdo/zdo822.html 09/19/2000 Clackamas County,OR- ZDO 1203 Page 1 of 1 SECTION 1200 - CRITERIA FOR DISCRETIONARY PERMITS 1203 CONDITIONAL USE (02-10-94) 1203.01 The Hearings Officer may allow a conditional use, after a hearing conducted pursuant to Section 1300, provided that the applicant provides evidence substantiating that all the requirements of this Ordinance relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies the following criteria: A. The use is listed as a conditional use in the underlying district. B. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features. C. The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use. D. The proposed use will not alter the character of the surrounding area in the manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district. E. The proposal satisfies the goals and policies of the Comprehensive Plan which apply to the proposed use. 1203.02 Conditional use approvals shall expire in the event the approval is not implemented within two (2) years from the date of the final written decision unless a lesser time period is specified as a condition of approval or a time extension is approved pursuant to 1203.03. The conditional use approval is implemented when all necessary permits for development have been secured and are maintained. Public roads, public schools, and public parks are exempt from these expiration provisions unless specified in a condition of approval. (02-10-94) 1203.03 A one (1)year time extension may be granted once by the Planning Director pursuant to Subsection 1305.02 subject to the following provisions: (02-10-94) a. The time extension request must be in writing, on forms provided by the Planning Division, at least thirty (30) days prior to the expiration of the approval. (02-10-94) b. The request is consistent with all ordinance provisions in effect at the time of the time extension request. (02- 10-94) c. There is reasonable expectancy the necessary development permits will be secured within the one (1) year extension period. (02-10-94) (02-10-94 LAST TEXT REVISION) http://www.co.clackamas.or.us/dtd/zoning/htmls/zdo/zdo1203.html 09/19/2000 Lot Count for Residentially Zoned Taxlots City of Tigard (GIS) August 28, 2000 Jurisdiction Count Tigard 12578 Urban Services Area 2734 Grand Total 15312 0 • MEMORANDUM Ally goit\ CITY OF TIGARD, OREGON `_mall TO: Julia Hajduk FROM: Bob Poskin DATE: Sept. 7, 2000 Subject: Bed and Breakfast Requirements Julia: Under the provisions of OS SC, Section 213-L, a bed and breakfast would fall under the definition "Lodging House", which states " is any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor, or otherwise". OS SC, Section 310 — requirements for group "R" occupancies classifies this occupancy as an "R- 3", which falls under the Oregon one and two family dwelling code. Where an applicant requests this use, and will not be adding rooms, then there will be no building code requirements, other than your requirements for licensing. Where an applicant requests this use, and will add bedrooms to the maximum of five guestrooms, a permit will be required and compliance with the one and two family dwelling code. For your review and comment • • • 1994 UNIFORM BUILDING CODE TABLE 3-A—DESCRIPTION OF OCCUPANCIES BY GROUP AND DIVISION1—(Continued) GROUP AND DIVISION SECTION DESCRIPTION OF OCCUPANCY 1-1.1 Nurseries for the full-time care of children under the age of six(each accommodating more than five children).hospitals,sanitariums,nursing homes with nonambulatory patients and similar buildings(each accommodating more than five patients). 1-1.2 Health-care centers for ambulatory patients receiving outpatient medical care which may render the patient incapable of unassisted self-preservation(each tenant space accommodating more than five such patients). 1-1 308.1 Nursing homes for ambulatory patients,homes for children six years of age or over (each accommodating more than five persons). 1-3. Mental hospitals,mental sanitariums,jails.prisons.reformatories and buildings where personal liberties of inmates are similarly restrained. • 1-3.1 Correctional facilities including jails,prisons,halfway houses and juvenile detention and correctional education facilities where egress is controlled by automatic egress control devices. IN A build or strucauG or a portion thereof:for the display and sale of 309.1 merchandise.and involving stocks of goods,wares or merchandise,incidental to such purposes and aooessr'bk to die public. R-I Hotels and apartment houses,congregate residences(each accommodating more 310.1 than 10 persons). R-3 Dwellings.lodging houses,congregate residences(each accommodating 10 or • fewer persons). S-I Moderate hazard storage occupancies including buildings or portions of buildings used for storage of combustible materials not classified as Group S.Division 2 or • Group H Occupancies. S-2 Low-hazard storage occupancies including buildings or portions of buildings used for storage of noncombustible materials. ►"-- 311.1 S-3 Repair garages where work is limited to exchange of parts and maintenance not requiring open flame or welding,and parking garages not classified as Group S. Division 4 Occupancies. S-4 Open parking garages. S-S Aircraft hangars and helstops. S-6 311.1 and Mausoleums and columbariums. (I 311.11 (Continued) • • Accumulative Sewer Tally Tenant Name: This SWR# Address: This PLM#: Fixture Value Previous Previous Credits Capped Fixtures Fixtures New total New Value Capped off value added# added #s total Count off#s count value values Baptistry/Font 4 Bath-Tub/Shower 4 T -Jacuzzi/Whirlpool 4 Car Wash- Each Stall 6 - Drive Through 16 Cuspidor/Water Aspirator 1 Dishwasher-Commercial 4 -Domestic 2 Drinking Fountain 1 Eye Wash 1 Floor Drain/sink-2 inch 2 -3 inch 5 -4 inch 6 -Car Wash Drn 6 Garbage Disposal 16 - Domestic(to 3/4 HP) -Commercial (to 5 HP) 32 - Industrial (over 5 HP) 48 Ice Machine/Refrigerator Drains 1 Oil Sep(Gas Station) 6 Rec.Vehicle Dump Station 16 Shower-Gang (Per Head) 1 -Stall 2 Sink- Bar/Lavatory 2 - Bradley 5 -Commercial 3 - Service 3 Swimming Pool Filter 1 Washer-Clothes 6 Water Extractor 6 Water Closet-Toilet 6 Urinal 6 TOTALS Total fixture values: divided by 16 = EDU 011)(3% HISTORY PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# PLM# EDU# SWR# is\dsts\swrtaly.doc oij;\Aq:- v 01^^Nitr valet) P1411 room), 5 04- o^ 040 �'.NI 5 Ss � ,16.5,e5 9(Y1,1! S (t 4‘41J1) (kS4 s 4° 64 el- NQnk 16 vq lvt ift415 Tr vw�. ocet 1\9va 1-A. 9Cc�ss, If, �� . LETTER OF TRANSMITTAL DATE RECEIVED TO: DEPT: FROM: TELEPHONE NUMBER: COMMENTS: Pa Lunsford-RE: Information Rea uest Page 1 From: 'Steve Conway<Steve_Conway @co.washington:or.us> To: Patty Lunsford <PATTY @ci.tigard.or.us> Date: Friday, September 01, 2000 12:38:45 PM Subject: RE: Information Request REQUEST FOR INFORMATION PERTAINING TO BED& BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? YES Washington county community development code ?430-63 Home Occupation A home occupation is a lawful activity carried on within a dwellinq_y a member or members oLtbP family wbo�CCupy the dwelling,where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. Bed and breakfast facilities serving five (5)or fewer persons are permitted as a Type I Home Occupation in all districts except the Institutional, EFU, EFC and AF-20 Districts. Bed and breakfast facilities serving more than five (5)persons are subject to the standards of Section 430-19-Boarding House (including Bed and Breakfast facilities for more than five (5) persons). You can access all referenced code sections with this web site. http://www.co.washington.or.usideptmts/lut/plan99/codeword/tocworddocs.htm <http://www.co.washington.or.uskleptmts/lut/plan99/codeword/tocworddocs.htm> 2. If yes,what is the process? (permitted outright, site development review, conditional use) Type I Home Occupation in all districts except the Institutional, EFU, EFC and AF-20 Districts. Type I ADMINISTRATIVE - Type I development actions involve permitted uses or development governed by clear and objective review criteria. Type I actions do not encompass discretionary land use decisions. Impacts have been recognized by the development and public facility standards. The intent and purpose of the District is not a consideration of approval in Type I uses. Generalized summary of steps: 1.Application submitted 2. Decision by Director 3. Staff mails Notice of Decision 4. 14 day appeal period Typical Types of Applications (The allowed Type I uses may be different in each land use district.): Accessory uses and structures, home occupations, temporary uses, property line adjustments,forest dwellings, replacement dwellings in natural resource districts and final approvals. 0 FAX el 003 `"ZONING Sections 4.100—4.141 intended to allow for a more efficient use of large, older houses in residential areas where the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner that keeps them primarily in residential use. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. B. Description 1. Bed and Breakfast Home. An operation conducted by the owner- occupant of a dwelling in an RA-H, R,or PDR zone, or of a one- or other district permitting residential uses, that provides not more than five(5)rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed fourteen(14)consecutive days. The occupancy of such a bed and breakfast home is limited to two (2) persons or one(1)family per lodging unit or guest room. 2. Operations that would otherwise meet the standards listed above for Bed and Breakfast Homes, but which exceed either the number of rooms available or the length of stay allowed,shall be subject to the same standards as hotels or motels, listed elsewhere in this Code. C. Where These Regulations Apply. The regulations of Section 4.113(13) apply to bed and breakfast facilities in PDR,R, and RA-H zones. D. Conditional Use Review. Bed and breakfast facilities require a conditional use review, as specified in Section 4.184. E. Use-Related Regulations. 1. Accessory Use. A bed and breakfast facility must be accessory to a Vi\\tilt\ household living use on the site. This means that the individual or family who operate the facility must occupy the house as their primary residence. 2. Maximum size. Bed and Breakfast facilities are limited to a maximum of five (5)bedrooms for guests and a maximum of six(6) guests per night. In PDR-1, PDR-2, PDR-3,AND PDR-4 zones, bed and breakfast facilities over these size limits are prohibited. 3. Services to guests. a. Food services may only be provided to overnight guests of a bed and breakfast facility. b. Serving alcohol to overnight guests is allowed. The proprietor may need Oregon Liquor Control Commission approval to serve alcohol at a bed and breakfast facility. 4. Meetings and Social Gatherings. a. Commercial meetings. Activities including luncheons,banquets, parties, weddings,meetings, charitable fund raising,commercial or • PLANNING AND LAND DEVELOPMENT ORDINANCE Page 62 ._,yell FAA -- — .—.—. (£j 004 Sections 4.100—4.141 advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility. b. Private social gatherings. The residents of bed and breakfast facilities are allowed to have only four(4)private social gatherings,parties,or meetings per year, for more than four (4) guests. The private social gatherings must be hosted by and for the enjoyment of the residents. The bed and breakfast operator must log the dates these social gatherings are held. Private social gatherings for four(4) or fewer guests are allowed without limit as part of a normal household living use at the site. All participants in the social gathering are counted as guests except for residents. F. Site-Related Standards. 1. Development Standards. Bed and breakfast facilities must comply with the development standards of the base zone,overlay zones, and plan districts, if applicable. 2. Appearance. Bed and breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. . No alterations to the exterior of the house shall be for the purpose of establishing a more commercial building appearance shall be permitted except for routine maintenance, alterations not requiring a building permit,restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business except for the one(1)permitted sign. 3. No cooking facilities are permitted in the individual guest rooms. 4. Food service shall only be provided to guests taking lodging in the bed and breakfast home or inn. 5. In PDR-1, PDR-2, PDR-3 or PDR-4 zones, no bed and breakfast home may be located on a lot closer than five hundred (500)feet from any other lot containing a bed and breakfast home, with only one (1) such establishment permitted per block face. 6. There shall be no more than one(1) sign. Such sign shall not be self- illuminated and shall not exceed six(6) square feet in area. Additional sign requirements described in Section 4.156 of this Code shall be met. 7. Each such use must obtain a Certificate of Occupancy from the Building Official before it commences. 8. Bed and Breakfast facilities must comply with the off-street parking standards for commercial development found in Section 4.155. 9. Bed and Breakfast facilities must comply with the landscaping standards for commercial development found in Section 4.176. (.14) The Planning Director and Development Review Board shall, in making their determination of compliance in attaching conditions,consider the effects of this action on the availability and cost of needed housing. The provisions of this section shall not be used in such a manner that additional conditions, PLANNING AND LAND DEVELOPMENT ORDINANCE Page 63 /re.uest for information 2.doc Page 1 I. ' _ . ::. REQUEST FOR INFORMATION PERTAINING � . TO BED & BREAKFAST USES IN RESIDENTIAL ZONES / 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Yes. 2. If yes, what is the process? (permitted outright, site development review, conditional use) In the R-1 (Low Density Residential) zone, B & B's require approval as a conditional use. In the R-2 (Medium Density Residential), R-3 (High Density Residential), R-P (Residential-Professional), and C- 1 (Neighborhood Commercial) zones, B & B's with two or fewer guest sleeping rooms are outright permitted. In the R-2, R-3, R-P, R-P, and C-1 zones, B & B's with more than two guest sleeping rooms require approval as a conditional use. In the C-2 (Community Commercial) and C-3 (Central Business District) zones, B & B's are outright permitted. In the Springbrook District, Bed and breakfast establishments that comply with 10.52.250 through 10.52.252 are outright permitted. 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) See 6. below for Code standards. 4. Are accessory structures allowed to be used as guestrooms? See 6. below for Code standards. 5. If accessory structures are allowed, please.provide any comments you have regarding the process and how it works or does not work for this use. This issue hasn't come up in the recent past. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. V j 7wberg Development Code Section 10.52.252 Bed and Breakfast Establishment Bed and Breakfast establishments shall comply with the following conditions: (1) The structure used for a'Bed and Breakfast establishment shall be designed for and occupied as a single family residence. The structure shall maintain the characteristics of a single family residence. 09(2) All residences used for Bed and Breakfast establishments shall be applicant occupied. (3) A minimum of one off-street parking space shall be provided for every two permitted guest sleeping rooms. In addition, parking standards normally required for single family residences will apply. (4) The duration of each guest's stay at the Bed and Breakfast establishment shall be limited to no more than seven consecutive days, and no-more than fifteen days within a thirty day period. (5) Bed and breakfast establishments located in other than single story buildings shall provide permanent or portable fire escape systems from the upper floor(s) in a manner acceptable to /re.uest for information 2.doc Page 2 f; . ":_;_'• the Newberg Fire Department. • (6) All Bed and Breakfast establishments shall conform to the requirements of the Uniform ., Building and Fire Codes. 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Yes. THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: e-mail: patty0ci.tigard.or.us fax: 503-684-7297 • mail: City of Tigard Planning Division 503-639-4171, x320 Attn: Patty Lunsford 13125 SW Hall Boulevard Tigard, OR 97223 is\curpin\patty\request for information 2.doc • • • • • • ommission to address concerns about potentially adverse impacts that could occur to residential neighborhoods as a result of the operation of home occupations, voted to adopt the staff reports on this matter as findings, and z. WHEREAS, the City Council held a public hearing on this matter on August 1, 2000 and received public testimony, and at their regular meeting on August 15th gave further consideration to revisions to the language of the proposed Zoning Ordinance amendments based on testimony presented at the•August 1'*hearing. NOW, THEREFORE, THE CITY OF HILLSBORO DOES ORDAIN AS FOLLOWS: Section 1. Zoning Ordinance No. 1945, as amended, Sections 3 (6) and (35) are amended to read as follows: Section 3 (6) Bed and Breakfast Inn. A residential building or group of residential buildings with not more than five separate bedroom units for travelers' if temporary accommodation, which units do not contain individual cooking facilities, with the lodging price including the price of a morning meal available only to guests of the inn. Additional roams or structures may be added onto the original building or site provided the total number of bedroom units does not exceed five. If located in a residential zone, owners or innkeepers shall reside on the premises, and the bed and breakfast inn shall be considered a home occupation permitted as a conditional use, subject to the provisions of Section 128A Home Occupations and Sections 78 through 83, Conditional Uses,. Bed 1'_ -: and breakfast inns are permitted as conditional uses in residential zones only in ' structures designated as cultural resources on the City's official Cultural Resource Inventory. Section 3 (35) Home Occupation. A lawful activity. excluding a business in which the primary activity is direct on-site sale of a product(s,) manufactured on or off-site, to the general public, conducted on a residential property, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the property is maintained. Home occupations shall be permitted and operated pursuant to the provisions of Section 128A (IV), General Approval Criteria and Performance Standards. Section 2. Zoning Ordinance No. 1945, as amended, Section 7, Uses Permitted Outright, subsection (4) is amended to read as follows: (4) Home occupation, as defined in Section 3 (35) hereof, subject to • the requirements of Section 128A. Section 3. Zoning Ordinance No. 1945, as amended, Section 8, Conditional Uses Permitted, is amended with the addition of subsection (11)to read as follows: (11) Bed and Breakfast Inn, as defined in Section 3 (6) subject to the requirements of Section 128A. 11.\\y _ _ _ _ _________ _ ___ _ = NO.057 P006/015 home nor in amounts not normally associated with a residence. Specific limitations and requirements for the storage of hazardous materials in a residence are found in and regulated by the Uniform Fire Code. (6) No one other than the principal residents of the dwelling and no more than two persons closely related to the principal residents shall be engaged in the home occupation at the dwelling site. (7) No more than one commercially licensed vehicle in excess of one-ton manufacturer's rating shall be utilized or parked at the dwelling unit by any resident of the premises in connection with the home occupation. (3) No more than an average of ten customer vehicle trips per day with no more than two customer vehicles on the premises at any time. (9) No more than three business related deliveries per week are allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks. Deliveries by the U.S. Postal Service are,not considered business related deliveries for purposes of this provision. (10) The generation by the home occupation of any noise, vibrations, odors, heat, glare or visual or audible electrical interference or fluctuations in the line voltage detectable beyond any property line is prohibited. (11) No direct retail sales are permitted, excepting the occasional sale of products associated with the home occupation, with such sales being dearly secondary to the primary business activity. (12) No customers may enter the premises between the hours of 9:00 p.m. and 7:00 a.m. C. Bed and Breakfast Inn Standards. The following standards are applicable to bed and breakfast inns permitted as conditional uses only in dwellings listed on the City's Cultural Resource Inventory: (1) One professional quality sign is allowed on the property with up to eight square feet per sign face, and may be attached to the exterior or placed in the window of the residence or accessory structure, or placed within the front yard setback, mounted on an architectural post not to exceed four feet in height, or a NO.057 P007/015 monument sign not to exceed four feet in height above «t r grade in the front setback. No sign shall interfere with vision clearance on adjoining public right-of-ways. (2) No more than an average of ten customer vehicles . , may enter the premises on a daily basis. (3) No •more than an average of two business related deliveries per day is allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks. (4) No more than one person who is not a principal resident of the dwelling shall be engaged in the home • occupation at the dwelling site at any one time. D. Conditions of Approval. The Planning Director, or the Planning and Zoning Hearings Board in the case of a bed and breakfast inn permitted as a conditional use in a residential zone, may impose conditions upon approval of a home occupation permit or conditional use permit, as applicable, to ensure compliance with the purpose of this Section. These conditions may include, but are not limited to, the following: (1) Further limiting the hours, days, place and manner of operation; (2) Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution,glare, odor and dust; (3) Requiring additional building setbacks; (4) Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; (5) Designating the size, number, location and design of vehicular access points; • (6) Requiring street right-of-way to be free at all times of vehicles associated with the home occupation, including vehicles of employees of contractors who have permitted home-based offices; (7) Requiring landscaping, buffering and/or screening of the home occupation from adjoining uses, and J'.4:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT '":. a': '':' ' (1) Minimum yard setbacks in LDR, TLDR, MDR-12, MDR-24, and CMF: ?:' _ (a) Front yard=30 feet +x .<••:::-..-.:::4-•:::;•-, r=i''`----e/• (b) Side yard —20 e .;?-4 Y, Y f et for one-story buildings and 25 feet for two or more �_ ". Stories. OAV-' (c) Rear yard—25 feet --yo n,%-;' ' ' (d) Exception: structures included with a public trail development shall be as required ` fi? in the district. M.§, i (2) Minimum yard setbacks in OFR,NC,GC, RTC, SC,CMU,CC, MC, BP, LI,and Hl: t r- All yards shall be as required in the district. j (3) Maximum building height: All building heights shall be as required in the district. ;,! (4) Maximum lot coverage in the LDR shall be 50%. I ( ) Elderly housing shall meet the minimum density, if any,of the underlying land use district and shall not exceed the following maximum density requirements: (I) a maximum of 22 living units per acre in the Low Density Residential and Transit Low • Density Residential districts. (2) a maximum of 62 living units per acre in all other land use districts or the maximum . allowed in the land use district, whichever is greater. (J) Bed and Breakfast Inns shall conform and comply with all of the following standards and requirements: (1)The structure used for a Bed and Breakfast Inn shall be designed for and occupied as a 4M single family residence.The structure shall maintain the characteristics of a single family residence. The structure must have been occupied for at least five years of its life G (45- as a single family residence before a Bed and Breakfast Inn is allowed. (2) All residences used for Bed and Breakfast inns shall be occupied as the primary residence of the applicant who operates the Inn. The inn must be an accessory use to the primary residence use, (3) A maximum of four sleeping rooms shall be made available for guest occupancy. (4) A minimum of one on site parking space shall be provided for each bed and breakfast guest sleeping room. In addition parking standards normally required for a single family residence will apply. Guest parking shall not be allowed in a required front yard. (5) One on premise sign shall be permitted. The sign shall be non- illuminated and shall not exceed 6 square feet of face area and 3 feet in height above grade. (6) The duration of each guest's stay at the Bed and Breakfast inn shall be limited to no more than 30 consecutive days. (7) All Bed and Breakfast Inns shall be inspected and approved by the City Building N Official and Fire Prevention Officer prior to the issuance of an occupancy permit. The inn shall conform to the requirements of the applicable Building, Specialty, Fire and other Codes. Only rooms designed as sleeping rooms shall be used for guest rooms. Each guest room shall be protected by a smoke detector. • • • (8.011-9 11 inn% _�. . /4:12 FAX 503 618 2224 CITY OF GRESHAM - PERMIT IZI oo 1 (8) Bed and Breakfast Inns shall obtain and maintain a City Business License and are '•/ subject to the City Transient Lodging Tax. Bed and Breakfast Inns shall obtain and maintain all applicable licenses and permits required by the State of Oregon. (9) If a Bed and Breakfast Inn is not established within one year of the development permit / approval date,or if the use of the residence as an Inn lapses for over one year, the development permit shall au tomaticall y expire and a new application will be required. (10) If the Bed and Breakfast Inn is found to be in violation of the standards and requirements of this section,the Manager, pursuant to the Type II procedure, may revoke its development permit. (K) Helicopter landing facilities shall meet the following standards: (l) Are permitted in GC, RTC, CC, LI,HI,BP Districts, and the Downtown Plan District and the Civic Neighborhood Plan District. (2) Are permitted in the LDR, TLDR, MDR-12,MDR-24,CMF, CMU, SC, MC, OFR and NC Districts as an accessory to a community service use. Only trips which support the community service use are allowed. (3) Repair facilities are allowed only in the LI and HI Districts. Minor or emergency repairs and routine maintenance are allowed in all districts. All storage and repair shall be conducted in enclosed building. (4) Refueling facilities are allowed in conjunction with an approved helicopter landing facility. (5) A setback distance of 200 feet shall be required for landing and take-off pads and refueling facilities from abutting Residential Development District, Mixed Use Development District and NC District property lines. A setback distance of 50 feet shall be required for landing and take-off areas and refueling facilities from all other abutting property lines. All setback distances will be measured from the edge of the landing pad. This provision does not apply to landing and take-off pads located on top of a building. Other site improvements shall be consistent with the applicable setback yard provisions of the underlying district. (6) A 20 foot wide landscaped buffer and screening area shall be provided around the landing and take-off pads and refueling facilities. Landscape plantings shall be consistent with the vegetative requirements of the'C'buffer of Section 9.0100 of the Community Development Code_This requirement is in addition to any buffering and screening required by Section 9.0100 of the Community Development Code. The trees must be located so as to not encroach into an 8(horizontal)to 1 (vertical)flight path from the landing pad in all directions.This provision does not apply to a helicopter landing facility on top of a building. (7) All take-off, landing,and parking areas shall be surfaced with a dust proof and gravel free material. (8) Prior to occupancy of an approved helicopter landing facility submit a copy of the • Oregon Department of Transportation Aeronautics Section heliport application • approval. [8.011-10 (2/99) • H 1 U4: 12 PM CITY OF OREGON CITY FAX NO. 503 657 7892 F. 02 iir I REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES oes your jurisdiction permit Bed & Breakfast uses in residential zones? YES If yes, what is the process? (permitted outright, site development review, conditional use) ; Condition Use Permit, Chapter 17.56. 030 (B). 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) y `I Yes, see question #6. r 4. Are accessory structures allowed to be used as guestrooms? Yes 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. Accessory structure must conform to Chapter 17.54.010 • 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. (www_chorego ity.or_us) Ch t. 17.04.075 Bed and breakfast inns. n p 0(0)7 "Bed and breakfast inns" means a building designed as a sing family dwel ing which provides overnight accommodations to the public and which may include breakfast in the charge for the room. "Bed and breakfast inns" do not include motels, health or limited care facilities, boarding houses, group quarters, hostels or rescue missions. Chapter 17.56.040 (H). Bed and Breakfast Inns. Upon approval of a conditional use application for a bed and breakfast inn, the planning commission shall include the following as additional standards and criteria: 1. The bed and breakfast inn shall maintain all applicable licenses required by governmental agencies for the use described in the application. 2. All bed and breakfast inns shall be subject to design review.Special considerations for this use are: a. Compatibility of the structure in appearance with the surrounding area; b. Compatibility of the parking facilities in appearance and circulation of traffic with the surrounding area. Parking facilities shall also comply with Chapter 17.52; c. Compatibility of the signage in appearance with the surrounding area. Signage shall also comply with Chapter 15,28; d. The number of rooms to be used as overnight public accommodations shall not exceed four rooms in an underlying residential zone, or seven rooms in an underlying nonresidential zone; e. The owner/operators shall reside in the bed and breakfast inn, or in a residence adjacent to the bed and breakfast inn. 7. Finally, are you the correct contact for clarification questions? Yes. Sean Cook- Oregon City Planning (657-0891) . THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: - - - Id- for information Pa.e1 ' 6)re-54' Grov k REQUEST FOR INFORMATION PERTAINING TO BED & BREAKFAST USES IN RESIDENTIAL ZONES 1. Does your jurisdiction permit Bed & Breakfast uses in residential zones? Yes, permitted in all residential zones. 2. If yes, what is the process? (permitted outright, site development review, conditional use) Up to three guest rooms permitted outright in single-family zones. Greater restrictions in the multi- family (conditional use) and commercial zones, but only because those code sections are out-of- date (a code re-write is in progress). 3. Are there special restrictions for this use? (#of guests or guestrooms, signage, parking, etc.) Owner/operator occupied; one parking space per guest room (on-street parking O.K.); one sign allowed up to 4 square feet and 4 feet in height. 4. Are accessory structures allowed to be used as guestrooms? Our code is silent on this issue. 5. If accessory structures are allowed, please provide any comments you have regarding the process and how it works or does not work for this use. N/A. 6. Please provide a copy of the applicable code sections or your web site address and the applicable code references. • See attached. 7. Finally, are you the correct contact for clarification questions? If not, please provide the appropriate contact person's name. Yes, feel free to contact me on this or any other code-related question (992-3233). (FYI: You didn't ask, but our experience has all been positive. We've had several operating since the early '90s, with no neighborhood complaints about parking, noise, or anything else). THANK YOU IN ADVANCE FOR TAKING THE TIME TO ANSWER THIS QUESTIONNAIRE Please return responses via one of the following methods: • • rd-Z09840.doc Pa•e 3 6+ &re Vt. (0( Develoment Director or his designee upon verification of a violation of any requirement of this ordinance,or of any condition or requirement or any permit granted, unless such violation is corrected within 15 days of notice of such violation. 9.845 APPEAL OF HOME OCCUPATION REQUIREMENTS. In the event of the approval or denial of any permit,or the revocation thereof,or of any objection to the limitations or conditions,or the lack of limitations or conditions,placed thereon,appeal may be made in writing to the Planning Commission in accordance with the provisions of Section 9.911 of the ordinance. 9.846 PURPOSE AND INTENT OF BED AND BREAKFAST INNS. This section is intended to: (1) enable homeowners to open their homes to the traveling public, providing guest rooms and breakfast in a home-like atmosphere; (2) diversify accommodations available in Forest Grove in order to promote tourism in the city; (3) give owners of historic homes a means of taking economic advantage of • the character and distinctiveness of their properties,encouraging their maintenance and preservation;and • (4) accomplish these ends while preserving the residential use of the property and without causing external effects which are detrimental to neighboring properties or incompatible with the character of the underlying zone, especially residential zones. (Ord. 89-10,9/11/89) 9.847 OPERATIONAL STANDARDS. © (1) All bed and breakfast inns must be owner/operator occupied. • (2) A bed and breakfast inn must provide a breakfast meal in the a.m.hours to overnight guests of the establishment only. (3) The inn shall provide one off-street parking space complying with Section 9.820 for each guest room in addition to two off-street spaces'required for the permanent residents. A reduction in the off-street parking requirements and/or • standards may be permitted as a conditional use if,during the conditional use process,the applicant shows that: (a) there is adequate and safe off-street parking available to the • guests within 300 feet of the inn;or • • rd -ZO9840.doc Page 41 r Gr•D CCAll u ) (b) in the case of a property listed on the Forest Grove Inventory of Historic and Cultural Resources,there is adequate on street parking available to the guests adjacent to the inn which will not adversely affect neighboring property owners; and provision of the required off-street parking will be detrimental to the historic or cultural value of the site. (4) The inn shall comply with standards governing signs in the relevant zone,except that inns in single-family residential zones may erect one(1)double- face sign(not a roof sign)limited to an area of four(4)square feet per face,which may be indirectly lighted from below by a light source screened from view by the ground surface,evergreen plants,or ornamental features of the sign structure and be in keeping with the residential character of the neighborhood. Free-standing signs shall not exceed four(4)feet in height. (Ord. 89-10,9/11/89) r I'