Ordinance No. 83-38 i
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CITY OF TIGARD
ORDINANCE NO. 83-.5
AN ORDINANCE ADOPTING FINDINGS AND AMENDING THE COMPREHENSIVE PLAN MAP (CPA
4-83 Cash's Realty) AND DECLARING AND EMERGENCY
WHEREAS, during the review and adoption of the City of Tigard Comprehensive
Plan Map which was adopted by Ordinance 83-24 on May 9, 1983, the City Council
found some conflicts between the Comprehensive Plan Map and existing
development; and
WHEREAS, the Tigard City Council on May 9, 1983, directed the planning staff
to initiate the public hearing process to resolve those conflicts; and
WHEREAS, The proposed Comprehensive Plan Amendment involves property
identified by the City Council as being in conflict with the Comprehensive
Plan Map; and
WHEREAS, a public hearing was held before the Planning Commission on June 21,
1983; and
WHEREAS, the Planning Commission has made certain recommendations to the City
Council; and
WHEREAS, after considering the comments of the Planning Commission and
individual citizens, the Council believe that the Comprehensive Plan Map
should be amended in the form set forth in Exhibit "A" attached hereto and, by
this reference, made a part hereof:
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: The City Council adopts findings in this case as follows:
1. The property is developed to medium and medium high density
development standards.
2. The proposal conforms to existing Comprehensive Plan
policies and ,zoning code requirements.
Section 2: The City Council, therefore, amends the Comprehensive Plan as
follows:
Washington County Tax Map 2S1 2AB lots 1200, 90000, 90001,
90002, 90003, 90004, 90005, 90006 and 90007 to .he medium high
plan designaticr. and Tax Map 2S1 2AB lot 1201 to medium plan
designation,
in the form set forth in the Exhibit "A" attached hereto and, by this
reference, make a part hereof.
ORDINANCE NO. 83-
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Section 3: In order to provide a uniform date for the effectiveness of the
Comprehensive Plan to be adopted by the City Council in 1983, an emergency is
declared and this Comprehensive Plan Amendment shall become effective upon
adoption of the Community Development Code and final ratification of the
Comprehensive Plan.
PASSED: By vote of all Council members present, after
being read by number and title only this day of , 1983.
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Recorder - City of Tigar
APPROVED: By the Mayor, this day of ���. 4 , 1983.
ayor - City of Tigard
` APPROVED AS TO FORM
City Attorney
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ORDINANCE N0.,�
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�'- 10. CUMPREHENSIVL PLAN Aw-,NDMF.N'I 4-83 CASH'S REA1,1Y NYU #2 (Continued from
7-28-83)
(a) Public Hearing Opened,
(b) Staff reported the amendment was a result of the Council action
designating this area as low density residential on the comprehensive
plan map. Staft and planning Commission recommended changing the
pian designation to medium liigh designation for all lots described
and that Tax Map 2S1 1AB - Tax Lot 1201 be changed to medium plan
designation.
(c) Public Testimony
o Marshall Sunnarbort, 7670 SW Varns Street property owner of
Viking Apts. , Tax Map 2S1 2AB - Tax Lot 1200 requested Council
adopt Planning Commission recommendation.
(d) Public Hearing Closed.
(e) Motion by Councilor Cook, seconded by Councilor Brian directing staff
to prepare the proposed ordinance and bring back for Council approval.
Motion approved by unanimous vote of Council present.
Ll. COMPREHENSIVE YEAH AMENDMENT 5-83 SCHECKLA/BREED/BISSETT NPO #6
c (a) Public Hearing Opened
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(b) Staff summarized their report noting :he Planning Commission voted to
g3 recommend a change on subject properties to medium density with a
` r planned development overlay and a density range of 6-12 units per
az� rl acre with the lower density along Picks Landing and the river and
r high density along Durham Road.
(c) President of Council Scheckla removed himself from the Council Chair
and Councilor Brian presided.
(d) Public Testimony
o Marie Breed, P.O. Box 83, Forest Grove, supported ..odium
density for the area.
o Bibianne Scheckla, 10890 SW Fairhaven Way, Tigard,
representing Lucy Scheckla, property owner of Tax Lot 500
requested medium density,
o Leonard Scheckla, 10200 SW Durham Road, property owner of TL:c
3 Lot 700 supported medium high density for the area.
o Phil Pasteris, 8935 SW Pinebrook, Chairman of NPO #6 reported
the NPO is in support of the Planning Commission proposal.
' Sir. 10050 5W Serena Way, President of the
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o Gary L. Fox, ,
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Homeowners Association spoke to adequate buffering and
reported the homeowners telt it was a good plan.
PAGE 3 COUNCIL MINUTES AUGUST 8, 1983
o Bob Bledsoe, representing NPO # 3, recommended that mobile home
subdivisions Section 18.94.020 A. not be allowed as a permitted use
in a R-3.5 or R-4.5 zones. They suggested making them conditional
uses in those zones and eliminating R-1 and R-2 as conditional uses.
Under Section 18.94.030 that mobile home parks not be permitted in
and R-4.5, to make it a conditional use in that zone. Then eliminate
mobile homes as a conditional use in R-3.5.
Another concern is the density calculation, they felt that the staff
proposal was more restrictive than they felt necessary. They
suggested rearranging the order by moving number four to number two
and thereby moving number two to three and three to four. Then when
talking about all land dedicated for public right of way, it should
be all remaining land after deducting the unbuildable lands,
sensitive lands and for parks. Also they felt there should be a
density transfer for lands donated as parks, providing they don't
receive credit for Systems Development Charges on the same dedication.
PUBLIC HEARING CLOSED
5.2 COMPREHENSIVE PLAN AMENDMENT CPA 4-83 Cash's Realty NPO # 2
A request to change the Comprehensive Plan designation from low to
medium high density on property located at 9240 S.W. Center St.
(Wash. Co. Tax Map 2S1 2AB lot 1200, 1201, 90000, 90001, 90002,
90003, 90004, 90005, 90006 and 90007.)
o Assocate Planner Newton made staff's recommendation for approval.
o Marshall Sunnarborg, 7670 S.W. Varnes, property owner of lot 1200,
where an apartment exists. He supported the zone change, as the
property was already developed at the medium high density.
o Bob Hanson requested staff to explain the difference in the
densities. He wanted to go on record opposing this zone change.
o Van Dalton, 12110 SW 92nd, opposed the zone change, stating he was
concerned that more apartments would be built on the property where
the duplex exists.
o Bruce Lindsey, 12130 SW 92nd, opposed the zone change, stating his
concern being that the property value would decrease.
CROSS EXAMINATION AND REBUTTLE
o Commissioner Edin requested staff review what the surrounding
properties are zoned and what is currently constructed on the
properties being proposed for-rezoning. Discussion followed. Major
concern being that the tax lot 1201, with the duplex on it, could
r have the duplex removed andbuildapartments.
° 4-
o ' Commissioner Moen questioned the possiblity of changing density to
medium for lot 1201. Staff stated they had no problem with that
change.
PLANNING COMMISSION MINUTES June 21, 1983 Page 5
COMMISSION DISCUSSION AND ACTION
o Commissioner Moen moved and Commissioner Christen seconded to
recommend approval and forward to City Council of Comprehensive Plan
Amendment CPA 4••83 from low density to medium high density on all
lots proposed except tax lot 1201, which would be changed from low
density to medium density per staff's recommendations and findings.
Motion carried unanimously by Commissioners present.
5.3 COMPREHENSIVE PLAN AMENDMENT CPA 5-83 SCHECKLA/BREED/BISSETT NPO # 6
A request to change the Comprehensive Plan designation from low to
medium high density on the following properties: 10200 S.W. Durham,
10350 S.W. Durham and 16580 S.W. 108th and Durham Road. (Wash. Co.
Tax Map 2S1 14B tax lot 500, 600, 601 and 700)
o Associate Planner Newton made staff's recommendation for approval.
o Phil Pasteris, NPO # 6 Chairperson raised several points opposing
staff's recommendation, stating a petition had been submitted with
approximately 80 signatures requesting property remain low density.
o Bibianne Scheckla, representing applicant Lucy Scheckla, stated that
they had never been informed of any NPO meetings, otherwise they
' would have been happy to attend. She continued by requesting the
Planning Commission support the staff recommendation for approval of
the Comprehensive Plan change to medium high stating the property
meets all requirements to support the medium high density.
o Marie Breed, applicant, stated she had not become aware of the
changes proposed for her property until the end of April. She did
not feel low density was the highest and best use for the property
and that it was unfair to her as the property owner.
o Larry Bissett, applicant, stated the reason the property should be
designated medium or medium high as it is located close Z:o schools
and public services. They also have an easement to 108th which would
eliminate having to increase traffic through existing residential
areas. If the property is left low density it would not be
consistent with the goals of the Comprehensive Plan.
o Leonard Scheckla, applicrn.t, stated he had owned his property for 42
years and requested the Planning Commissioner to designate the
property for medium high density.
PUBLIC TESTIMONY
o Debbie Craig, 10155 SW Jergens Lane, read and submitted a letter
{ opposing the medium high density.
o Greg Snyder, SW Riverwood Lane, representing property owners from
Picks Landing, opposed the medium high density. They had purchased
their property with the belief that the adjacent property would
remain low density.
PLANNING COMMISSIONER MINUTES - June 21, 1983 Page 6