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Ordinance No. 83-39 CITY OF TIGAR.D ORDINANCE NO. 83--"�9 AN ORDINANCE ADOPTING FINDINGS, AMENDING THE COMPREHENSIVE PLAN MAP (CPA 5-83 Scheckla/Breed/Bissett) 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 plan policies; 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 policies; 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, the proposed Comprehensive Plan amendment was reviewed by Neighborhood Planning Organization six (NPO # 6); and WHEREAS, after considering the comments of the Planning Commission, the NPO, and individual citizens, the Council believes 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 1: The City Council adopts findings in this case as follows: 1. The property meets the locational criteria for determining areas of medium density residential, 2. The proposal meets applicable adopted Comprehensive Plan policies. s a ORDINANCE NO. 83-L? Section 2: The City Council, therefore, amends the Comprehensive Plan M;p as follows: designate tax lots 500, 600, 601, 700 and 800 on Wash. Co. Tax Map 2S1 14B as medium density on the Comprehensive Plan, zone A-12 PD, Y Picks Landing and the river as R-5PD in except the first 100' along the form set forth in the Exhibit "A" attached hereto and, by this reference, made a part hereof. 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 .a.Z day of 1983. Recorder City of Tigard , 1983. APPROVED: By the Mayor, this 2,;t_ day of N„ Aayor - City of Tigard APPROVED AS TO FORM City Attorney ORDINANCE NQ. 83:..7.6. EN/dmj(0076P) 4 40 f 14 600 500 e. '.Vi►" 13.8411 Aa 90.49 Ie. V 118Ch • ' J 601 0 LOOM x `,. r ti ; F 4•..f i.4 r ,• J. .,, �!y'.�f-r..h�'�.w.?n�r.• SEE MAI �+•Y• ..� , r +Y j•�; '�oti..� ��+t�r+�� _ 2S 114Bi Aft _Z • W A fro n 23-78 ' ; O N SEE MAP 2s 1 15A 0 -ja d; 0 0� WJ 1 S89056'E 440• 1� 800 700 X5101c. Y.I6Ae. • SEE MIC 2S 1 14 a ow 1 44 440' 11A4ALATIAfN lOd 169.2 r� 244 f • f • f ����� ` ►�1� �� �.>.....�/. •x!11 IMP JIL jr SII'♦� � �a�f��f� `6���'�:�{j �� �;' •, HIRE �a� 1 me f 11in ��= � � r a (� 10. COMPREHENSIVE PLAN AMENDMENT' 4-83 CASH'S REALTY NPO #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. Staff and Planning Conanission recommended changing the plan designation to medium high designation for all lots described and that Tax Map 2S1 IAB - 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. 11. COMPREHENSIVE PLAN AMENDMENT 5-83 SCHECKLA/BREED/BISSETT NPO #6 x (a) Public Hearing Opened 'rr (b) Staff summarized their report noting the Planning Commission voted to recommend a change on subject properties to medium density with a planned development overlay and a density range of 6-12 units per 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 medium density for the area. 0 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 Tax 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. o Gary L. Fox, Sr., 10050 SW Serena Way, President of the Homeowners Association spoke to adequate buffering and reported the homeowners felt it was a good plan. PAGE 3 - COUNCIL MINUTES - AUGUST 8, 1983 1 (e) Council and staff discussed the amount of buffering recommended, noting the PD overlay and buffering would be addressed at time of development. (f) David H. Craig, 10155 SW Jurgens Lane reported residents across the Tualatin River were concerned that an adequate amount of buffering along the river would be provided and that the character of the neighborhood would not be changed. (g) Staff reported they supported the Planning Commission recommendation. (h) Public Hearing Closed. (i) Council and staff discussed increased traffic on SW Durham Road as a result of development, as well as providing in writing for a buffer zone along Picks Landing and the river. Staff reported the map will show A-12 with P.D. (j) Motion by Councilor Cook, seconded by Councilor Scott that staff prepare an ordinance following the Planning Commission recommendations and showing the first buildable 100' against Picks Landing and River Ec R-5 PD. Motion approved by unanimous vote of Council present. CHAIRMAN BRIAN TURNED MEETING BACK OVER TO PRESIDENT OF COUNCIL SCHECKLA. 12. COMPREHENSIVE PLAN AMENDMENT 6-83 DAKOTA GREENWAY CONDOMINIUMS NPO #7 (a) Staff pointed out that the NPO was not notified of this matter and recommended Council remand this item to the Planning Commission so they would have an opportunity to speak. (b) Nancy Robbins, NPO #7 Chairman, 12815 SW Summer Street read letter to Council requesting item be returned to Planning Commission so they would have an opportunity to speak. (c) Discussion followed regarding remanding the item and whether Council wished to take any testimony tonight. Consensus was to open public hearing to only hear testimony for remand discussion. (d) Public Hearing for discussion regarding remanding item to Planning Commission Opened. f 0 lichard Boberg, 10660 SW North Dakota noted the Planning mission vote and felt they should have more facts. ' is o - Hendrik E. Vollmullen, 1100 SW 106th stated he would not be here when Planning Commission hears this matter and wantedto make a point at this time. (e) Council suggested he write a letter to the Planning Commission giving them his viewpoints. PAGE 4 — COUNCIL MINUTES — AUGUST 8, 1983 COMMISSION DISCUSSION AND AC'iION 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. f5.5.3 COMPREHENSIVE PLAN AMENDMENT CPN 5-83 SCHECKLA/BREED/BISS ETT 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) ., Associate Planner Newton made staff's recommendation for approval. i o Phil Pasteris, NPO # 6 Chairperson raised several points opposing j 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 to 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, applicant, stated he had owned his Ncoperty for 42 years and requested the Planning Commissioner to designate the property for medium high density.- UBLIC TESTIMONY t i 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 theirproperty with the belief that the adjacent property would remain low density. 11LANNING CUMMISSIONEIt MINUTES .lune 21 , 1983 11age 6 i o Penny Wills, SW Kent Place opposed changing the density from low. She also read a letter from Lauren Rickman and Daniel and Cheryl Duke opposing the medium high density and requesting it remain Low density. CROSS EXAMINATION AND REBUTTLE o Marie Breed, applicant, questioned being annexed into the City; staff responded at the time of development she would have to annex into the City. i o Associate Planner Newton explained the Urban Growth Boundary and reviewed how the properties had been designated to low density. 4 o Discussion followed regarding the NPO meeting, when they are held, v how people are notified and who to contact. o Steve Petrazela, 9980 SW Riverwood, questioned how often could the applicant apply for a Comprehensive Plan Amendment; staff responded twice a year is the only time the Planning Commission hears Comprehensive Plan Amendments. Discussion followed. o Discussion followed regarding the difference between low, medium and medium high density and the use of the planned development. l PUBLIC HEARING CLOSED PLANNING COMMISSION DISCUSSION AND ACTION o Commission Moen commented that he could identify with the Picks Landing group and did not support the change to medium high density. o Commissioner Edin did not feel item number two, regarding buffering, had been adequately addrersczl to determine if medium high density would be appropriate for this property. He did not support the low or the medium high density. For a smooth transition, medium density with a PD overlay would be more appropriate. o Commissioners Christen, Owens, Vanderwood preferred the medium density with a planned development overlay. o Chairman Tepedino stated he would prefer the parties came to an agreement as no one can guarantee that a neighbors property will remain the same. oCommissioner Edin moved and Commissioner Christen seconded to modify c^,+^.Tpr2h2i.s.Ve Plan :^.:214 2nt wi -83 to reflect a medium density with a planned development overlay and recommend to City Council for i approval. Based on public testimony and staff findings and recomcaendations a density of 6-12 units per acre is requested with the low density being along Picks Landing and the river, with higher densities along Durham. Motion carried by majority vote of the Commissioners present, Commissioner Moen voting no. PLANNING COMMISSION MINUTES June 21 1983 ;- Page 7