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City Council Packet - 08/09/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an { SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate AUGUST 9, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, DURHAM TREAMENT PLANT ask to be recognized by the Chair. Non-agenda HALL BLVD. & DURHAM RD. items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. I I. SPECIAL MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance t 1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open r Agenda f 2. COMPREHENSIVE PLAN AMENDMENTS & DEVELOPMENT CODE - PUBLIC HEARINGS i (Continued from 8-8-83 meeting) o Public Hearing Opened o Summation by Planning Department o Public Testimony: Proponents, Opponents, Cross Examination o Staff Response o Public Hearing Closed o Consideration by Council a 3. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under 1.2 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 4. ADJOURNMENT i i a COUNCIL AGENDA - AUGUST9, 1983 (lw/0316A) T I G A R D C I T Y C 0 U N C I L SPECIAL MEETING MINUTES - AUGUST 9, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian (leaving 9:03 PM), Kenneth Scheckla (arriving 8:40 PM) and Ima Scott; City Staff: Doris Hartig, City Recorder; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; and Ed Sullivan, Legal Counsel. 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA o City Administrator requested Resolution 83-75 Sale of City Property be added to open agenda. 3. COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT CODE (Continued from 8-8-83 meeting) o Mayor Bishop Open Public Hearing and asked for public testimony. o Public Testimony (a) Jim Miller, 12918 SW 63rd Place referred to Section 18.111.020 and noted the conflict with respect to parking spaces of 9 feet and 9'10". He noted the Planning Commission had voted for 9'6". He spoke to the range of parking space regulations in the area and recommended for regular cars the size be 9' x 18' and for compact cars 8'6" X 15' . He also commented on the landscaping requirements of 20% in 18.120.180 and felt the standards were too high. He recommended 15% on landscaping excluding sidewalks/walkways. (b) J. B. Bishop, Suite 303, 10505 SW Barbur Blvd. , Portland spoke to the following items: Section I, page 3, 18.16 A & B pre-existing approvals, he questioned interpretation or code. City Attorney responded permits without physical action on the ground is not enough. Section A - if granted prior to adoption of ordinance, permits are allowed under the code. B - anything other than P.D. and the application reviewed by the Planning Director will be subject to approval. Attorney noted this is a policy issue for Council to decide. The issue is of how many permits does Council want to allow. Planning Director noted the Planning Commission recommendation on the errata sheers. Consensus of Council was the initial life of the permit should control the length of the permit. o Section III-21 - 18.48-030 requested definition of "public support facilities". Staff referred to page III-5. Suggested this item be cross-referenced. PAGE 1 - COUNCIL MINUTES - AUGUST 9, 1983 o Section III-39 - 18.62.060 A thru E. spoke to front and side yard setbacks. Spoke to the issue of dissimilar zoning requirements for setbacks. 0 18.62.050 - 20% landscaping requirements - felt requirements too high. (c) Kevin Hanway, 15555 SW Bangy Road, Lake Oswego - 18.50 (B-23) recommended 7000' lots vs 7500' lots, feeling they were more economical to develop and for purchase. Discussed III-32. R-40 zones - suggested it will not develop. IV-4 P.D. - the distinction between developing areas and established areas and the requirements of P.D. , suggesting provide for developing without the use of P.D. V-3 - methods of density transferring provisions. Requested explanation (18.92.030) what is buildable lands? Recommend eliminate word "unbuildable". COUNCILOR BRIAN LEFT 9:03 P.M. (d) Carl Johnson, 6155 SW Bonita Road, discussed setbacks and requested Council consider C.P. zone in same light as other areas. III-41 regarding setbacks in NPO #4, he addressed the problems of conversion of lots from residential to commercial. (e) Dick Sturgis spoke to aesthetics for residential and commercial property in III-44 and discussed the issue of setback requirements for CBD zone and feels it is inequitable to the commercial zone. He suggested some flexibility and let SDR determine according to plan. COUNCIL RECESSED 9:20 PM and RECONVENED 9:45 PM (f) Mr. John Nelson, President of Universal Satellites in Beaverton addressed VII-38, 18.139.050 and explained the technicalities of satellite communications and how it relates to restrictions in the code. He suggested before the code is adopted they have an opportunity to review. Council, Nelson and staff discussed various aspects of locating television discs in yards. (g) Bob Bledsoe representing NPO 3 commented on their memo to Council dated August 6, 1983 discussing each recommendation. i (h) Bill Cox, 9500 SW Barbur Blvd. , Portland, representing Robert Randall Co. discussed the CBD zone transition problems. City Administrator suggested the Mayor be authorized to form a committee consisting of a mix of viewpoints to look at the problems and return with recommendation to Council. Consensus of Council was to go ahead with Committee. Cox also commented on the 7000'/7500' lots suggesting there was no benefit to 7500' and applied the concept of compact growth. (i) Herman Porter, 11875 SW Gaarde Street addressed Bob Bledsoe's comments regarding NPO 3's recommendation. He also addressed the home occupation restrictions and exceptions for standards for street widths. PUBLIC HEARING CONTINUED TO AUGUST 29, 1983, 7:30 PM — FOWLER JR. HIGH SCHOOL o Director of Planning and Development commented staff would prepare an errata/summary sheet of the public testimony for Council consideration at the August 29, 1983 Council meeting. 4. o Council did not act on Resolution No. 83-75 Sale of City Property. 5. MEETING ADJOURNED 11:10 PM G u � C �- 1 a �• E City Recorder — City of, �i� i k ATTEST: . - City of Tigard r t f t (DH:pl/0398A) i TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE(503)684-0360 Notice 7-6173 BEAVERTON,OREGON 97075 Legal Notice Advertising 4UG CE�V�O r • • ElTearsheet Notice C I J 19,93City of Tigard OF j/GA ® P.O. Box 23397 • ❑ Duplicate Affidavit R� Tigard, Oregon 97223 • e AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Riisnn Pinkl P3 being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the Tigard Times a newspaper of general circulation as defined in ORS 193.010 and 193-020; published at Tigard in the aforesaid county and state; that the Legal Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive in the following issues: August 4, 1983 AL St6scribed and s to before me this A5nst 1983 Notary Public for Oregon My Commission Expires: 3/16/87 AFFIDAVIT - itiiDf spa',k,; r .e i`ailowmg sei +��� ed!or ybsrr twice irs tincr assd futl las>4uxy tia alrttss.aecF to 4t�tTrE P Iatrx4te�►n '1 fft"' cin �23_4a CITCt3E3NQL Y �Si3EiA 4 T " X7Ft�G a4� ' �xiatve.lE��° 1r4� . Date Aug_ s, 1983 I wish to testify before the Tigard City Council on the following item: (Please print your name) 1.3 CALL TO AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA Item Description ,lame, Address & Affiliation t r" 4 _ __— _ R rn z I I � j i z z aS z � at OH as O � z � E � I y z I H t H -- — p sp,vp7, -1S -3uauidoaQf Tn.� � Cp'' pue -tuamdolanaQ puaZt r - ;z �n uoT:jeajsTUTWPV ! i ate+, 3 pue 7uaiudolanaQft I ft lK x 0 ria?nag luauldolanaQ a:lzsf ,°mss a suoTSTnozd IejuamalddnSf a �- sa at �oiaasiQ ,-ellanp O :t uavtaaTn az 4 suoi zT�oT}T� IIX `� -�j -ssel`J 1oTaasTQ `3uTu0 �.- ---- -ter--- LIT:iY uol s TD aa!x t a ao3 saanpaooaj;; a ( SuoTSTnoaa :Cao�onpoi2uj- r I- at I # in 4 ti t .m a �= C.� t A 4 i z H z E- VC/. . .n V7 Y ,1 .y. t X x i t C / 4_ -.6 4 f: F £ 11 Y ' 1 OEM t August 6, 1983 FROM: Neighborhood Planning Organization Number Three (NPO 7X3) TO: Tigard City Council SUBJECT: Suggestions regarding the Community Develupment Code Following are suggestions from NPO #3 regarding the Community Development Code. I am sorry for the lateness in transmitting these to you. Partly this is due to some personal time conflicts and partly it is due to the complexity of the process and the large amount of material to review. We have been involved at all stages of the review including the CCI meetings and the Planning Commission, and we have given considerable thought to the recommend- ations which follow. RespectfulI7 yours, i Neighborhood Planning Organization Number Three Bob Bledsoe, Chairman P.S. One item that I neglected when typing up our suggestions was provisions for the waiver of fees for actions by the NPO's and other official City advisory committies. From time to time the various committies may wish to make a request for a decision on an item, or appeal a decision, and they should not be burdened with the usual fees since they are acting in their appointed advisory capacity. Waivers for official City advisory committees need to be included in the following subsections: Page II-2 18.30.050 (B) (3) application fee II-13 18.32.040 (B) (3) application fee II-32 18.32.275 B,C,D transcript fee---- 11-33 38.32.280 appeals fee 1._.3E 1-2 18.08(B) and 18.10 Kevin. Hanway, representing the Home Builders of Washington County, offered the following recommendation: Add language so that the developments stall comply with the comprehensive plan "as implemented by this code." This addresses ambiguities raised by the Supreme Court's ruling in Phillip! v. City of Sublimity. The staff and planning commission have recommended that this phrase be included. hater regarding page II-9, 18.30.140(A)(4) , Mr. Hanway said, "The reference to the comprehensive plan is unnessary. The code and other ordinances implement the plan and should be sufficient." We perceive an effort by Kevin Hanway and the Home Builders to remove the Comprehensive Plan from active consideration during the development approval process, so that it will be relegated to the status of an historical exercise. Many people in the Tigard community have contributed to the development of the comprehensive plan, and they expect it to guide development in Tigard. The language suggested by Mr. Hanway has the latent meaning that if some ( feature of the plan were not incorporated into the code. then the developer would not be bound by it. Although the staff has made a vallent effort in preparing the Code, past experience indicates that they do make an occasional error. We would not want some feature of the plan to be omitted by such an error. Probably it would be best to reject Kevin Hanway's suggestion altogether, but if such language is desired by Council, we recommend that it be: "especially as implemented by this Code" --- This will give emphasis and priority to the implementation measures of the Code and yet preserve an active role for the Comprehensive Plan. PAGE 11-32 18.32.270 (B) (3) NPO #3 has for some time been suggesting that verbal argument be allowed for appeals to council. Our reasons are that some people can present their case much easier verbally than in writing. Sometimes illiteracy will matte a person embarassed to write out his concerns. Others just express themselves better in speech. We believe that a proper concern for these people demands some means of accomodation. 1 P'IE We understand the objections of staff and the planning commission about i 11-32 the abuses of verbal argument in appeal--that once a person is allowed to contd. speak, he might then use new arguments or introduce facts that he did not mention earlier. Our first suggestion was that a person be allowed to petition council for the opportunity to speak his case, as a special exemption from the general rule. This suggestion did not really deal with the objections of staff and the commission. Our final suggestion is to allow prerecorded verbal argument, presented at the same time as the written arguments. We believe this suggestion fulfills the need and also prevents abuse. The verbal argument may be rejected if it does not qualify, just as the written argument would be. We certainly have the technology in this day to make this feasible. Our suggestion should have satisfied the objections, but unfortunately, it has not. Some said the tape might might accidently be erased while a councilor was listening--two or three copies of the casette could be required; it can be done. Some said `here was no way to sign a tape recording--there I Is sufficient room on the label of a casette for both a tonic and a signature. Others said it is just too complicated--yes it is more complicated, but it would be worth it. If the Council judges our concern to be just and fair, we urge you to allow prerecorded verbal testimony for appeals to council. I III-3 Policy 6.3.2 of the Comprehensive Plan stipulates that the Code shall require a 100-foot density transition next to established residential areas. Since this provision was omitted by staff, we suggest the following. 18.40.040 Residential Density Transition A. Regardless of the allowed housing densities stated in Sections 18.52 through 18.66, or in 18 30, 18.92 or 18.94, any property within one hundred (100) feet of an established area shall not be developed at a residential housing density greater than 125% of the allowed density in the adjacent established area(s). For purposes of this limitation only, the allowed density is as specified in the comprehensive plan land use designation, not as in the zining district. For example, the property within 100 feet of an established low density residential area (1-5 dwellings per acre) shall not be developed at residential densities greater than 6.25 dwellings per acre. (6.25 = 5 x 1.25) i B. Subsection 18.04.040 (A), above, shall not apply with regard to established areas that are separated from the proposed housing I development by a major collector road or by an arterial road. i i 2 .,GE 1II-3 18.40.040 continued C. Where the proposed residential development abuts as existing housing development in an established area, the housing types shall be compatible, as determined in the following matrix. S.F.Detached S.F.Detached Mobil Hm Park Duplex S.F.Attached Multifamily Zero Lot Lin, yes-2 units conditional yes no-over 2 no S.F.Detached yes yes S.F„Detachedno- (Zero Lot Line) yes yes conditional yes yes Mobil Home Park conditional conditional yes yes yes yes es ces yes Yes yes Duplex yes yes Y S.F.Attached yes-2 units yes yes yes yes Yes no-over 2 ies Multi-family � no no yes yes yes y PAGES IV-5,40 Also, in Subsections 18.80.070 and/or 18.80.080, and in 18.88.030 should be added the following sentence: "The residential development limitations of Section 18.40.040 shall apply within 100 feet of an established area." PAGE ZII-21 18.48.040 (H) delete : "Parks and" NPO #3 suggestion is to allow only Mobile Home Subdivisions in the R-3.5 zone, as a conditional use, and to disallow Mobile Home Parks here. Mobile Home Parks are basically a special type of planned unit development for less expensive housing in which the individual dwellings may be removed and replaced at the renters' (or park manager`s) convenience. Chapter 18.94, as drafted by staff, does not explicitly mention the density allowed in a Mobile Home Park, but the stated requirement of a minimum of ten (10) feet separation between mobile homes leads to the implication of densities much greater than usually found in R-3.5 zones. It seems to us that the features of a mobile horse park are not compatible with the purpose of the R-3.5 zone, i.e. to establish large urban residential home sites." We believe the manufactured/mobile homes included in the R-3.5 districts should be placed in subdivisions and not in mobile home parks. i 3 III-23,24 18.50, 18.50.050 (A) keeping 7500 square feet minimum lot in R-4.5 zone John Gibbon, representing the Somebuilders' Association, requested that the lot size for the R-4.5 zone be changed from 7500 square feet to 7000 square feet, like most other jurisdictions nearby. NPO #3 has concluded that because of all the time spent by everyone involved, we support the compromises that have been made, and we oppose this suggested change. It would change the overall density calculations. The Planning Commission also opposed lowering the minimum to 7000 square feet. III-23 18.50.040 (D) really VII-14 18.130.150 (C)(15)(a) The Planning Commission raised the question of allowing a 7500 square foot minimum lot size for duplex, _instead of the existing 10,000 square feet minimum which is shown on page VII-14. The Planning Commission did not take any position on this issue beyond raising the question. NPO t#3 opposes the smaller lot size for duplex in both the R-4.5 and R-3.5 zones. We suggest leaving this item as is, or else explicitly stating the limit on page III-23, which would be redundant but easier to find. III-25,26 18.52, 18.52.050 (A) (2) new 3050 square-foot minimum lot size The change from a minimum 5000 square feet to 3050 square feet for single family attached was a real surprise, since all discussion prior to the printing of the most recent version of the Community Development Code had mentioned only. a 5000 square foot lot size in R-7 zones. The first person to note this was Planning Commissioner Chris Vanderwood, former chairperson of NPO #5. NPO #3 also unanimously opposes this reduction in the minimum lot size. Basically it turns R-7 into R-12 for these sites. 3.5 III-23 18.50.030 (C) should be moved to 18.50.040 (L) NPO 743 suggests that Mobile Home Parks and Subdivisions should not be outright permitted uses in R-4.5 zones, but should 'be conditional uses. Mobile homes are significantly different from traditional homes, and we feel that neighbors have a right to be informed and to be able to testify about their concerns in regard to locating mobile homes in their neighborhoods. The conditional use procedure has provisions that could be used to meet the concerns of the neighbors. The Planning Commission has supported our suggestion by a 3-2 vote. We request your approval also. We support Mobile Home Park as a conditional use only if language is included here or in 18.94 stating that designation as a mobile home park will not allow an increase in housing density beyond what is allowed in 18.92. 111-21 18.48.040 and 18.50.040 and 23 In R-3.5 and R-4.5 zones, Single Family Attached should be allowed as a - conditional use on minimum 5000 square feet lots, since duplex on 10,000 square feet lots is already included. (The 10,000 minimum is on page VII-14) The Single Family Attached designation allows for easier individual home ownership than does duplex. However, allow only two (2) units together. III-35,39,42 18.60.050 (C) 3&4, 18.62.050 (C) 3&4, 18.64.050 (C) 3&4 Commercial setbacks next to residential uses should be at least 20 feet, as Is suggested by staff and also endorsed by the Planning Commission. This is desirable for the peace, quietness, and privacy of the residences. These setbacks should be at least as great as required between the residence and the street (residential front setback, which is 20 feet or more)0/Owners of commercial property have suggested keeping the setback at the present 10 feet. We also oppose the lower limit. IV-37 18.86.020 (A) (2) Add the following as a continuation of the first sentence: 11 . . . , or if not so developed, the parcel is not contiguous with a Developing Area." This provides for the inclusion of the occasluual undeveloped lot as part of an established area. It is very similar to criteria that staff suggested for inclusion in a developing area (18.88.020(A)(2),page IV-40). 4 1-r IV-37 18.86.030 Standards of Development (in Established Areas) Add the following sentences taken from Policies 6.3.1 and 6.3.3 of the Plan: Within an Established Area new development shall be of the same type and density in order to protect the character of existing neighborhoods. A primary consideration in all phases of the development approval process shall be to preserve and enhance the character of the adjacent established areas. In addition to stating applicable sections of the Code, the standards of development should also state the definite concerns in the comprehensive plan regarding the established areas. This states the viewpoint from which applications for development in an established area will be considered. Also it declares that considerat-i_on must be given to the existing development surrounding the proposed project. We feel that the most reliable implementation of the comprehensive plan is to basically quote it in the section referring to the standards of development. Please do not accept staff's recommendation to simply discard this suggestion; if staff has difficulties with the wording, let them offer modifications. V-5 18.94.030 (D) (1) The minimum suze for a manufactured/mobile home park should be four (4) acres, instead of one (1) acre. The larger minimum size will help prevent mobile home parks from being scattered throughout the neighborhoods of traditional homes, thus keeping to a minimum the possible adverse compatibility problems. V-8 18.94.030 add a new subsection R: R The maximum number of manufactured/mobile homes in the park shall not exceed the amount calculated in Section 18.92. We feel that this item should be made explicit. The stated requirement that the closest spacing is ten (10) feet (in Subsection H) suggests densities possibly greater than otherwise. We oppose increasing densities without making a zone change or a comprehensive plan amendment. By stating the limit explicitly, a developer would not be misled as to the number of -units he could place in a mobile home park. I 5 v-*+2 18.112.080 (A) Allow 24-foot wide paved private access for 3-6 dwellings, instead of 3-5; then 7 dwellings and above would require the equivalent of a standard local street, instead of 6 and above as suggested by staff. Also remove the newly added 100-foot maximum length restriction for access for 3-6 dwellings, or make it 300 feet. This would allow three houses on each side to use the private access, instead of the add nember of five. One case where this would help is in the development of deep lots into a few home sites. This likely application also requires removal of the 100-foot maximum length limit. Staff has mentioned concerns about future extensions of such private accesses, but that concern applies equallyr to access for two or four dwellings, or for 3-49 apartments. Proper limits should be applied at the time of approval of the individual projects. VII-34 18.138.040 Approval Standards for Home Occupations Delete Subsection 6 (Prohibition of retail sales and services) and Subsection 9 (Prohibition of having employees). In Subsection 7, after the word "sales" add the words: "or services". Basically the only valid prupose in regulating home occupations should be to ensure that they are not disruptive of the neighborhoods. Subsections 4, 5. 7, 8, and 10 deal adequately and completely with disturbances that could arise from the business use of a home. Subsections 2 and 3 are questionable, and Subsections 6 and 9 are an unnecessary deprivation of the citizen's right to the free use of his home and property. Regulations should be only implemented to prevent harm or disturbance of the peace, not to limit competatton and protect the business community from small competitors. A person could sell retail without having customers come to his home; likewise with services. What harm do employees do, if their activities are unnoticeable to the neighbors? 6 PAGE vIII-22 18.1561030 (E) Minimum Right-of-way and Street Widths In the comprehensive plan the Council directed that the Community Development Code would contain an exceptions provision so that streets through established residential neighborhoods would not be unnecessarily widened, resulting in the unnecessary destruction of those neighborh oAs.--.-- ---.- Staff has failed to provide this exceptions provision, and therefore NPO #3 proposes the following: Matte the present Section E into a Subsection E-(1) _ preceded by the phrase, "In a developing area, "; then add a Subsection E (2) as follows: 2. In established areas streets and right-of-ways shall remain at the prevailing widths unless a need for widening has been demonstrated. Please do not lightly dismiss this suggestion. There is no need to place the existing neighborhoods in jeapordy of destruction simply to have a binding uniform standard of wider streets. Our suggestion provides for corrective action suitable to the individual problem. V{ :-26 18.156.030 (Z) (4) final lift of asphalt pavement The present practice is to not allow the final lift of asphalt pavement to be placed on the road until 90% of the structures are built. This is a good idea for saving on the CYtyls repair money, and for ensuring a good quality finished project. However, due to the slowness of construction and/'or enforcement, there are several roads around town with the final layer still not finished after several years. This presents an unpleasant and hazardous situation with manhole rings lyz inches above the roadway and catch basins too high to collect water. We suggested and the planning commission approved the following; sentence to be added.. However, the final lift shall be placed on the roadway in each phase of the development project within three (3) years after the completion of construction and development of the first property in that phase of the project. Maybe council will choose another time limit than 3 years or another reference point than the first property, but there must be some limit- VIII-29 18.156.060 (A) (4) The staff proposal calls for a 5-foot planter strip for collector and arterial streets. However the 60-foot right-of-waY for collectors only provides enough room for 3 feet (5-foot sidewalk + 3-foot strip + 44-foot pavement + 3 + 5 = 60). We suggested 3 feet for collectors, and the planning commission endorsed oir recommendation. 7