Ordinance No. 90-26 CITY OF TIGARD, OREGON
ORDINANCE NO. 90
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS (ATTACHED) TO APPROVE
COMPREHENSIVE PLAN AMENDMENTS TO CHANGE THAT PORTION OF THE PRESIDENT'S PARKWAY
URBAN RENEWAL DISTRICT WHICH WAS DESIGNATED COMMERCIAL PROFESSIONAL HACK TO LOW
DENSITY RESIDENTIAL AND TO DELETE THE RELATED COMPREHENSIVE PLAN POLICIES
(POLICIES 11.8.1 TO 11.8.5) AND DECLARING AN EMERGENCY (CPA - 90-0006).
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WHEREAS, on May 15, 1990 Tigard's citizens voted not to allow the use of tax
increment funds to support the implementation of the President's Parkway Urban
Renewal District.
WHEREAS, on June 11, the Tigard City Council repealed the President's Parkway
Urban Renewal Plan and on August 2, 1990, filed an Affidavit of Extinguishment
with Washington county to nullify said plan.
WHEREAS, Comprehensive Plan policy 11.8.5 directs that, "If for any reason the
President's Parkway Development Plan is not adopted or approved, within 90 days
of such a decision, the Tigard City Council shall hold a public hearing in
order to re-evaluate the policies noted above and the Comprehensive Plan
Amendment."
WHEREAS, several public meetings were held to solicit public input from
Neighborhood Planning Organizations (NPO',$) and Citizen Planning Organizations
(GPO's) in regards to this issue, and at these meetings public comment favored
changing the Comprehensive Plan of the subject area back to what it was
previous to the development of the urban renewal plan and repealing the
associated text amendments.
WHEREAS, on July 24, 1990 the Tigard Planning Commission following a public
hearing were unanimous in a motion, "To recommend to the City Council to: (1)
reverse the decision that amended the Comprehensive Plan and text which
initiated the President's Parkway proposal, and (2) initiate a planning effort
to develop an area plan using the Metzger-Progress Plan as the basis to
evaluate future land use and development opportunities in the area."
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WHEP.EAS, on August 13, 1990 the Tigard City Council passsed Resolution 90 - 51
to initiate the Plart amendments following a public hearing to receive the
Planning Commission's recommendation, hear additional public testimony, and to
re-evaluate the relevant Comprehensive Plan Policies and Plan Map amendment.
WHEREAS, the Tigard City Council and Planning Commission held a joint public
hearing on September 10, 1990 to review Planning Commission recommendations as
well as receive public testimony.
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ORDINANCE NO. 90
Page 1
NOW, THEREFORE, THE CITY OF TI&ARD ORDAINS AS FOLLOWS.
SECTION It The proposed Comprehensive Plan Amendments are consistent with all
relevant criteria based upon the attached facts, findings, and
conclusions noted in Exhibit "A."
SECTION 2s The Comprehensive Plan Map is amended to change the current Plan
designation from Commercial-Professional back to Low and Medium
Density Residential for the area illustrated by Map "A" and to
change the comprehensive Plan Text (Policies 11.8.1 to 11.8.5)
noted in Exhibit "B" to delete the criteria and conditions that
were to have applied specifically to a portion of the proposed
President's Parkway Urban Renewal District as illustrated by Map
"B."
*SECTION 3: The Council declares an emergency and directs that this Ordinance
shall be effective upon its execution by the Mayor.
PASSED By ()4 CM i m v a5 vote of all Council members
present after being read by number and title only, this Oyl day
of September, 1990.
Catherine Wheatley, y City Re order
APPROVEDThis !(�� day of September, -
r.-
.,ierald R Edwards, Mayor
APPROVED AS To FORM: /
City ttor iey Date
*A6ded by Council motion on September 10, 1990.
ORDINANCE NO. 90 -
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EXHIBIT A AGENDA ITEM
STAFF REPORT TO A JOINT MEETING OF THE TIGARD
PLANNING +COMMISSION AND CITY COUNCIL
SEPTEMBER 10, 1990 -- 7:30 P.M.
TIGARD CITY HALL -- TOWN HALL
13125 SW HALL BLVD.
TIGARD, OR 97223
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 90-0006
REQUEST: 1) Plan Map Amendment from Commercial Professional
(approximately 78 acres ) to Low Density Residential and
Medium Density Residential (approximately 10 acres).
2) Delete Comprehensive Plan Policies 11.8.1 to 11.8.5
which were to have applied specifically to the proposed
President's Parkway Urban Renewal District. The plan
text outlined a process for development and approval of a
master plan for the proposed President's Parkway Urban
Renewal area, future rezoning, and provision of necessary
public facilities.
APPLICANT: City of Tigard.
LOCATION: See attached Maps A and B.
2. See attached Maps A and B regarding the area proposed for redesignation
and Exhibit B for the Comprehensive Plan Policies which are to be
deleted.
The proposed Comprehensive Plan amendments are intended to be a final
step in process which was prompted by Comprehensive Plan Policy 11.8.5
relating to the proposed President's Parkway Urban Renewal Area. The
policy states:
'If for any reason the President's Parkway Development Plan is not
adopted or approved, w1thin 90 days of such a decision, the Tigard
City Council shall hold a public hearing is order to re-evaluate
the policies noted above (enclosed as Attachment A) and the
Comprehensive Plan Amendment.."
In May, 1990 the tax increment method of funding the President's Parkway
Urban Renewal Plan was rejected by Tigard voters. Tigard City Council
subsequently directed staff to meet with the various NPO's and CPO's to
Staff Report CPA -. 90-0006
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determine the future of the failed tax increment financing district.
A public hearing was subsequently held before the Planning Commission in
this regards.
The general consensus of the neighborhood planning organizations and
the citizen participation organizations was to change the Plan for the
area back to what it was previous to the President's Parkway proposal.
In addition the Planning Commission was unanimous in a motion, "To
recommend to the City Council to: (1) reverse the decision that amended
the Comprehensive Plan Map and text which initiated the President's
Parkway proposal, and (2) initiate a planning effort to develop an area
F,
plan using the Metzger-Progress Plan as the basis to evaluate future
land use and development opportunities in the area."
There were some individuals who testified that some commercial and
professional uses were appropriate for the area, and they desired the
City to evaluate the need and feasibility for these uses.
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The on August 13, 1990 passed Resolution 90 - 51 to
initiate the Plan amendments as described above. Substantial testimony
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was heard at this hearing supporting the Planning Commission's
recommendation.
3. Agency and NPO Comments
Other than extensive comment received from the above groups within the
last several months there were no additional agency and/CPO or NPO
comments.
B. FINDINGS AND CONCLUSIONS:
The applicable Statewide Planning Goal criteria in this case are
Statewide Planning Goals 1, 2, 5, 7, 10, Statewide Planning Goals 3, 4,
6, 8, 11, 12, 14, 16, 17, 18, 19, do not apply.
It is concluded that the proposal is consistent with applicable
Statewide- Planning Goals and Guidelines based upon the following
findings:
Goal 1: Citizen Involvementl The City of Tigard ensures the
opportunity for citizens to be involved in the review of land use and
development applications though referral of applications to neighborhood
organizations for comment, through the review of certain types of land
use and development a^.tions through public hearing procedures; and
through following prescribed notification requirements for public
hearings and notices of decisions.
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Notices of the proposed Comprehensive Plan Map and text amendments was
provided to the neighborhood planning organization, published in the
Tigard Times and mailed to property owners within 250 feet of the f;
properties subject to the map amendment.
Staff Report CPA T 90-0006
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The City Council and Planning Commission will receive either written or
oral testimony at a Public Hearing to be held September 10, 1990,
Goal 2:(Land., Use Planninal This goal is satisfied through City
procedures which call for the City to apply all applicable Statewide
Planning Goals, City Comprehensive plan Policies, and Community
Development ::ode Requirements to the proposal being presented.
Goal 8: (Open Space and Natural Resources) This goal is satisfied
because any future development in the area will be accomplished in
accordance with City, state, and federal regulations which are intended
to protect existing wetlands, significant vegetation, streams and
watersheds, and other natural features in the area.
Goal 7: (Natural Haxardel This goal is addressed because any
development proposals affecting the 100 year floodplain, floodways, and
wetlands of the area will be reviewed according to the City of Tigard's
sensitive lands ordinance and by appropriate state and federal agencies.
Goal 10: (ousinal, Housing opportunities will be maintained by amending
the Plan from Commercial - Professional back to Low and Medium Density
Residential.
The applicable City of Tigard Comprehensive Plan Criteria in this case are:
1.1.1, 3.2.1, 3.2.2, 3.2.3, 3.4.1, 3.4.2, 6.1.1
It is concluded that the proposal is consistent with applicable City of Tigard
Comprehensive Plan Policies based upon the following findings:
Plan Policy 1.1.1 As indicated previously the change is consistent with
applicable Statewide Planning Goals. Through an extensive Citizen
involvement process regarding the proposed actions the Pian is being
kept current with the needs of the Community.
Plan Policies 3.2.1. 3.2.2, 3.2.3. 3.4.1. and 3.4.2 These policies will
be addressed through review of any future development proposals for the
subject area that may have impacts on the designated floodplain and
floodway of Ash creek and associated wetlands. Any future development
proposals affecting these resources will be evaluated by the City of
Tigard's Sensitive Lands review process. Furthermore, proposals
affecting wetlands will be reviewed by the appropriate state and federal
agencies.
Plan Policy 6.1.1 Redesignation of the area back to Low and Medium
Density will maintain an opportunity for a diversity of housing
densities and residential types. However, the redesignation of the
subject area to residential will not affect the City of Tigard's
compliance with Oregon Administrative Rules, Chapter 660, Division 7-
the Metropolitan Housing Rule's housing opportunity requirements for
single family -- multi-family and medium residential density for
developable residential properties. The City's housing opportunity
index currently provides an opportunity for 10.22 dwelling units per
Staff Report CPA - 90-0006
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buildable acre on 1,295 vacant buildable acres.
C. RECOMMENDATION
It is recommended that the Comprehensive Plan Map be amended to change
the current Plan designation from Commercial-Profeseional back to Low
and Medium Density Residential for the area illustrated by Flap "A" and
to change the Comprehensive Plan Text (Policies 11.8.1 to 11.8.5) noted
in Exhibit "B" to delete the criteria and conditions that were to have
applied specifically to a portion of the proposed President's Parkway
Urban Renewal District as illustrated by Map "B."
Prepared by: Ron Bunch, Senior Planner
rb/srprex.pw
Staff Report CPA - 90-0006
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Boundary for the area that was
redesignated from Residential
to cowmercial/Professional.
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Map '13" H 1
- Boundary for the Conceptual
De-elopment plan area.
(comprehensive Plan Policias
11.8.1 - 11.$.5 apply to this ;
area) No scale
iIBIT 8
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PLAN POLICIES THAT APPLY TO PRESIDENT'S PARKWAY
POLICIES
11.8.1__- -
A COMPREHENSIVE CONCEPTUAL DEVELOPMENT PLAN SHALL BE
PREPARED FOR THE AREA SHOWN AS MAP TWO. THIS CONCEPTUAL
DEVELOPMENT PLAN SHALL BE PREPARED AND ADOPTED AS A
PLANNED DEVELOPMENT OVERLAY DISTRICT SUBJECT TO THE
REQUIREMENTS OF SECTION 18.80 OF THE CITY OF TIC"
COM'MITY DEVELOPA.ENT CODE (CDC) .
11.8.2 WITHIN THE AREA IDENTIFIED AS PLANNED DEVELOPMENT, ALL
APPLICATIONS FOR COMPREHENSIVE PLAN MAP AMENDMENT, ZONE
CHANGE, SITE DEVELOPMENT REVIEW (18.120, CDC),
CONDITIONAL USE (18.130, CDC) AND LAND DIVISION (18.160-
162, CDC) SHALL BE FOUND TO CONFORM TO THE APPROVED
CONCEPTUAL DEVELOPMENT PLAN (18.80.110, CDC) . APPROVAL
OF A DETAILED DEVELOPMENT PLAN FOR EACH PHASE IDENTIFIED
IN THE CONCEPTUAL DEVELOPMENT PLAN UHALL BE SUBJECT TO
THE REQUIRFMENTS OF 18.80 OF THE CDC AND OTHER CODE
REQUIREMENTS THAT APPLY TO THE TYPE OF DEVELOPMENT
PROPOSED. IN ADDITION, THE CITY SHALL REQUIRE A MORE
DETAILED ASSESSMENT OR UPDATE OF AN EXISTING ASSESSMENT
AS NECESSARY FCR ANY ITEM OUTLINED IN POLICY
IN ORDER TO APPROVE APPLICATIONS FOR PLAN AMENDMENTS
SUBSEQUENT TO THE ADOPTION OF THIS POLICY AND OTHER
APPLICATIONS REFERRED TO IN THIS SUBSECTION, ADEQUATE
FUNDING FOR PUBLIC IMPROVEMENTS FOUND TO BE NEEDED BY
THE CITY DURING THE PREPARATION AND SUBSEQUENT UPDATE OF
THE CONCEPTUAL DEVELOPMENT PLAN (11.8.5) MUST EXIST PRIOR
TO OR CONCURRENT WITH APPROVAL OF THE APPLICATION.
11.8.3 APPLICATIONS WHICH ARE MINOR IN NATURE RELATED TO THE
ON-GOING MAINTENANCE AND UPKEEP OF EXISTING IMPROVEMENTS
AND WHICH WILL NOT, IN THE OPINION OF THE DIRECTOR,
JEOPARDIZE THE IMPLEMENTATION OF THE APPROVED CONCEPTUAL
DEVELOPMENT PLAN MAY EXEMPT FRO11 POLICY 11.8.3.
11.8.4 THE CONTENTS OF THE CONCEPTUAL DEVELOPMENT PLAN SHALT,
INCLUDE THE ITEMS LISTED IN 18.80.110 OF THE CDC. IN
ADDITION, THE FOLLOWING TECHNICAL STUDIES AND OTHER
NECESSARY ITEMS SHALL BE ACCEPTED OR ADOPTED AS
APPROPRIATE AS A PART OF THE CONCEPTUAL DEVELOPMENT PLAN:
A. DEVELOPMENT PROGRAM: THE TYPE, AMOUNT AND LOCATION
OF VARIOUS USES. THE DEVELOPMENT PROGRAM SHALL BE
IDENTIFIED FOR THE AREA AS A WHOLE, AND FOR VARIOUS
PHASES OF DEVELOPMENT.
B. PHASING PLAN: THE DEVELOPMENT PROGRAM BY PHASE ALONG
WITH THE NECESSARY PUBLIC FACILITIES, UTILITIES AND
TRANSPORTATION IMPROVEMENTS, BOTH ON AND OFF-SITE,
WHICH ARE NEEDED FOR EACH PHASE. THE PHASING PLAN
SHALL ALSO INDICATE MEASURES PROPOSED TO REDUCE
CONSTRUCTION IMPACTS AND ON-GOING IMPACTS TO AREAS
NOT BEING REDEVELOPED, AND TO ADJACENT
NEIGHBORHOODS.
C. TRANSPORTATION ASSESSMENT: AN ASSESSMENT OF THE ON
AND OFF-SITE TRAFFIC REQUIREMENTS RESULTING FROM AND
RELATED TO EACH PHASE OF DEVELOPMENT. THE ASSESSMENT
SHALL IDENTIFY TRANSPORTATION PROJECTS, INCLUDING
TRANSIT, TO REDUCE POTENTIAL TRAFFIC IMPACTS ON
ADJACENT NEIGHBORHOODS AND THE DEVELOPMENT AREA.
D. PUBLIC FACILITY AND UTILITY ASSESSMENT: AN
ASSESSMENT OF THE ON AND OFF-SITE WATER, SEWER,
DRAINAGF AND UTILITY REQUIREMENTS RESULTING FROM
AND RELATED TO EACH PHASE OF DEVELOPMENT.
E. FLOOD CONTROL AND FLOOD PREVENTION ASSESSMENT: AN
ASSESSMENT, MANAGEMENT PLAN AND CONCEPTUAL DESIGN
FOR THE WETLAND PONDS AND LAKE PROPOSED AS PART OF
THE PRESIDENT'S PARKWAY DEVELOPMENT PLAN. THE
ASSESSMENT SHOULD ADDRESS THE FEDERAL, STATE AND
LOCAL PERMITTING REQUIREMENTS AND ALTERNATIVES.
THIS ASSESSMENT SHALL BE REQUIRED BEFORE ANY PHASE
WHICH MAY PHYSICALLY IMPACT T_ME WETLAND LAKE AND
POND, OR WOULD REQUIRE THESE IMPROVEMENTS IN ORDER
TO HANDLE STORM WATER REQUIREMENTS.
F. METZGER SCHOOL RELOCATION: A PLAN FOR THE RELOCATION
OF METZGER SCHOOL WILL BE DEVELOPED IN CONJUNCTION
WITH TIGARD SCHOOL DISTRICT. IF IT IS DETERMINED
THAT METZGER SCHOOL WILL NOT BE MOVED, AND WILL
REMAIN IN ITS PRESENT LOCATION, THEN THE CONCEPTUAL
DEVELOPMENT PLAN WILL MAKE APPROPRIATE PROVISIONS
FOR THE CONTINUED PRESENCE OF THE SCHOOL IN THIS
AREA.
G. IMPLEMENTATION AND FINANCING ASSESSMENT: SHOWING
TRANSPORTATION, PUBLIC FACILITY AND OTHER PROJECTS
REQUIRED BY PHASE, COSTS, FUNDING SOURCE AND FUNDING
RESPONSIBILITY.
H. DESIGN GUIDELINES AND PUBLIC IMPROVEMENT STANDARDS:
SHOWING DESIGN GUIDELINES FOR PRIVATE DEVELOPMENT
INCLUDING HEIGHT, BULK, ARCHITECTURAL CHARACTER AND
OTHER FEATURES, AND STANDARDS FOR PUBLIC
I14PROVEMENTS SUCH AS STREETS, STREETSCAPE,
LANDSCAPING, SIGNAGE, ETC. GUIDELINES SHALL ALSO
INCLUD ' METHODS TO ADEQUATELY BUFFER ADJACENT
NEIGHBORHOODS.
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11.8.5 IF FOR ANY REASON THE PRESIDENT'S PARKWAY DEVELOP14ENT
PLAN IS NOT ADOPTED OR APPROVED, WITHIN 90 DAYS OF SUCH
A RECISION THE TIGARD CITY COUNCIL SMALL HOLD .A PUBLIC
HEARING IN ORDER TO RE—EVALUATE THE POLICIES NOTED ABOVE,
AND THE COMPREHENSIVE PLAN AMENDMENT.
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