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CPA 16-84 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 1,. DECISION CPA 16-84 M..?..�. c�C;ESSNT .. PR • SECTION 18.32 b i 1 . . e I i iy, I TM .1• I { M { . Il ':,,:.•r.,, lin.: .. ,i �' ,.. �• k. 44, ! • \ 1 M. W as • w I'N CITY OF TIGARD, OREGON Y ,. ••: - ORT)S ?ANCENO.. 84-.,ail' .' ,., . AMENDING CHAPTER 18.32 ADDITG SECTION 18.32.275 AMENDED DECISION AN ORDINANCE PROCESS AND DECLARING AN EMERGENCY. (CPA 16-84) WHEREAS, the City of Tigard finds it necessary to revise its Community Development � periodically � aca11y to improve the operation and implementation of � that plan and ode; and • WHEREAS, the City planning staff has determined that an amended decision process for decisions on land use applications made by the Director would be beneficial; and WHEREAS, the Planning Commission reviewed the proposed Amendment Decision process at a public hearing on May 8 1984, and voted to recommend that City Council adopt an Amended Decision process for decisions on land use applications made by the Director. Y. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Chapter 18.32 of the Community Development Code shall be amended to add section 18.32.275 as follows: "18.32.275 Amended Decision Process ; A. The Planning Director may issue an Amended Decision after the Notice of Final Decision has been issued and prior to the end of the 10 day appeal Period. B. A request ,for ar Amended Decision shall be in, writing and accompanied with, the appropriate fee and: filed with the Director not more than eight (8) days after the Notice of Final Decision has beep filed. q � may C. Are nest for an Amended Decisxt�r� be filed by: 1. The NPOn byc.%S�.o affected the initial De 2. Thr. City Council . 3. Tile Planning Commission 4. An Employee of the City's Planning Staff 5. Any party' entitled to notice of the original decision• b. Any party who submitted comments in writing on()nil the original decision, ba The Amended si Decion process shall be limited to one time for each original application* ( E. The Director shall make ..the. determination as to issuance of an Amended Decision based on finding that one or more of the following conditions, exist_ Y . ORDINANCE .84 ,1a/ a { ,r „ • • 1. An error or omission was made on the original Notice ,. of Final Decision. ' 2. ;.the original decisivo was based on incorrect M..: information. 3. New information becomes available during the appeal period which alters;. the facts or conditions in the original decision." F. An Amended Decision shall be processed its accordance with section 18.32.120 of this code. Section 2. Inasmuch as it is necessay for the peace, health, and safety of the people of the City of Tigard that this ame::4ment be made with the least possible delay, an emergency is hereby declared to exist and this ordinance shall become effective immediately upon passage by the Council and approval by the Mayor pro tern. ti PASSED: By k bt ,_ vote of all Council members present after being read bynumber and title only,, this day , of T, 1984. Deputy City Recorder - City of Tigard APPROVED: This 7 day of jf)i . , 1984. • Tay`or pro tem * City c;f Tigard jl • • dmj(0437p) ORDINANCE 84--. • t I • • 5.6 CPAAmendment Decision Process l x--84 :. Associate Planner Newton explained why an amended decision process would be helpful and recommended adding Section 18.32.275 Amended. Decision Process. The Commission diu need to determine how many times someone could apply for an amended decision and whether there should be a fee. PUBLIC TESTIMONY No one appeared to speak PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o The consensus of the Commission was for one time and that a minimal fee to cover cost of processing would be necessary. o Discussion followed .regarding other requirements. o Commissioner Peterson moved to forward staff's recommendation to City Council for approval adding under section B. "and accompanied by required fee. Under section C. add item number 6. "Any party who has commented in writing." Change sc'tion D. to read, "The amended decision shall be limited to one time. Change "D" to "E" and change .� It 11 to "F�r . 41 Commissioner Butler seconded. Motion carried unanimously by mambers present. 5.7 CPA 17-84 Density Transition Associate Planner Newton made staff's recommendation to amend Section . ; 18 40.040 of the. Community Development Code to allow 'fo''.4cases when the density exceeds what is allowed in the estaLIished area. :- 0 Discussion followed regarding changes. 11 M.' Commissioner Owens left 10:25 P.M. PUBLIC TESTIMONY - No one appeared to speak {: ' PUBLIC REARING CLOSED COMMISSION' DISCUSSION AND ACTION n 0 Commissioner moved to forward the following to City Council with .;. recommendation of approval. .. C. Subsection. 18.40.040pp y the actual • . wd e (A), above shall not s 1 whir yarea exceeds the maximum density densa.t �,n the established allowed under the /And use Play Map designation for the established area., abutting . .. _ .. blt�atdof the actual density transition� not exoeed • ra'nsi.tion still Will 14 25, ctual, abutting established area density«, " PLANNING + O IIS ICN 1:NUTES Hay 8,` 1984 Page 6 tt • • Agenda Item # 5.6 ,•d CPA 16-84 Tigard Planning Commission May 8, 1984 MEMORANDUM • TO: Planning Commission FROM: Planning Staff ..k ; ,u x SUBJECT: Amended Decision Process During the process of implementing and admin .tering the. Community Development Code, the Planning Staff has determined that an amended decision process might be helpful. The amended decision process would be available only on decisions made by the Planning Director. Any amended decision would have to be filed by the Planning Director witthe ten day appeal period. Staff recommends that ' a new section he added into the Quasi judicial section of the Code Chapter 18.32) outlining the amended decision procedure. 18.32.275 Amended Decision Process A. The Planning Director may issue an Am . aftethe Notice of > final Deci ion has been issued and priorendedDecn,to the end o r the 1,0` day appeal period. 8. A request for an an,, yd decision shall be in ,writing and filed with theDirector not more than eight (8) days after the Notice' of Final '. • Decision has been filed. C. A request for an amended Decision may be filed by 1. The NPO affected by the initial Decision 2. The City Council 3. The Planning Commission 4. An employee of the City's Planning Staff (?) 5. Any party entitled to Notice of the original decision. D. The Director shall make the determination as to issuance of an Amended Decision based on findings that one bar more of the following conditions exist 1. An error or omission was made on the original Notice of Final Y Decision , 2. The original decision was based on incorrect information. 3. New information becomes available during the appeal period which alters the facts or conditions in the original decision. E. An amended decision shall be processed in accordance with section 18..32.120 of this code. . (0402P) 9 ara y —, t j, COMPREHENSIVE PLAN AMENDMENT/CPA 16-84/AMENDMENT DECISION PROCESS A recommendation by the City of Tigard Planning Coomission regarding Chapter 18.32 to allow the Planning Director to amend a decision after �. findings have been prepared in response to issues that are raised prior to the appal. deadline. COMPREHENSIVE PLAN AMENDMENT/CPA 17.84/DENSITY TRANSITION A recommendation by the City of Tigard Planning Commission regarding the Density Transition of the code, section 18.40.040, , and ii � conditions when application of this provision may not be required. a. Planning •Director reported agenda items 2.10 through 2.14 were not ` heard at the Planning Commission meeting and recommended Council open the rublic hearing and continue to May 14th. - b. Public W4aring Opened for agenda items 2.10 through 2.14. '.. c. City Administrator noted Mrs. Clinton, 9865 S.W,, View Ct.., Tigard, and !Geraldine L. tall representing DJS, Inc., 11515 S.W. 91st, Tigard, had s gned upto speak on agenda items 2.10 and 2.11. d. Motion by Councilor Cook, seconded by Councilor Scott to continue agenda items 2.10 through 2.14 to May 14, 1984 Council meeting. Motion approved by unanimous vote of Council. , (/PA13. L.C.D.C. STATUS REPORTICI ' -i-L1- a. Planning Director reported on presentation to L.C.D.C. and stated ` ,;', 4 major policy issues remain to be resolved: Coal 2, Land use Planning, and Coal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources have, been dealt with. Goal 10 Housing, Item 1 0 has been taken care of. item #2 additional manufactured homes• ti h', ,,, Item 4, Housing Density, andItem5, Subid. Housing are issues that need a solution. Staff reported they had direction how to ~'° handle the need. ' assessment, and this would not attfec� the .�, I ; Comprehensive Plan." b. Council and staff discussed the requiremen.t regarding density of 10 units per acre, and how to achieve that: goal. Staff must have {a, a way to increase` the density from 9.1 to 10 units per acre. Staff suggested tthe following alternatives: 1. Up-zone some areas 2. Argue with L.C.D.C. 3. Zone some areas in downtown and triangle, first floor commercial and the rest,;' overhead, be used for,rresidentialM 4. All undeveloped land zonedtedium high density; now zoned 13-20 units ts per acre, be zoned 13-.25 units per acre. ,.� This would. ecua1 10 units Per acre and solve the density issue. , Ilk c. Council discussed strategies, ctpi,nions and options available. !F', Mayor Mayor pc **m Scheakla suggested staff work with Washington County to give ,us .,. ' as. Planning staff noted items will have to be Page 7 - COUNCIL MINUTES - APRIL 30, 1984 h • a u{t wts -tvurl ry. : »u1x (icy• -it • •a. Public Hearifag Opened 7• b. Motion by Councilor Cook, seconded by Councilor Brian to continue to April 30, 194 Approved by unanimous vote of Council present. • 23. COMPREHENSIVE PLAN AMENDMENT/CPA 14-84/COMPREHENSIVE PLAN DOCUMENT A recommendation by the City of Tigard Planning Commission regarding various sections of Volumes I, II, and III of the comprehensive plan in _. ' response to issues raised in correspondence from Washington County, the Home Builders Association of Metropolitan Portland, Oregon Legal 1 , Services Corporation, The Department of Enviranmeu.tal Quality, The Oregon State Housing Division, 1,000 Friends of Oregon, Metro and the 00 Land Conservation and Development Commission Staff. a. Public Hearing Opened Motion byCouncilor Cook, seconded byCouncilor Brian to continue` to April 30, 1984 Approved by unanimous vote of Council present. 24. COMPREHENSIVE PLAN AMENDMENT/CPA 15-84/SETBACKS IN THE CG AND CP ZONES A recommendation by the City of Tigard Planning Commission regarding the required setbacks in the General Commercial (CC) and Commercial Professional (CP) zones. a. P-uolic Hearing Opened +. b. t!otion by Councilor Cook, seconded by Councilor Brian to continue to April 30, 1984. Approved by unanimous vote of Council present. 25. COMPREHENSIVE PLAN AMENDMENT/CPA 16--84/A: NDENT PR.YOCESS A recommendation by the City of Tigard Planning Commiasl'n regarding Chapter 18.32 to allow the Planning Director to amend a decision after findings have been prepared in response to issues that are raised prior to the appeal deadline. a. Public Hearing Opened b. Motion by Councilor Cook, seconded by Councilor Brian Co continue ": to April 30, 1984. Approved by unanimous vote of Council present. .� 2b. C'JMPREHENSIVE PLAN AMENDMENT/CPA 17-84/DENSITY` TRANSITION, A recommendation by the City of Tigard Planning Commission regarding the Density Transition section ofthe code, section 18.40.040, and conditions when application of this provisionmay notbe required ° a. Public Hearing Opened Page 11 ww COUNCIL MINUTES - APRIL 23, 1984 Ta MES PU1')LI RING A 'S P . legal P 0.BOX 370 PHONE(503)684-0360 Notice 7-b BEAVERTON,OREGON 97075 Legal Notice Advertising4-1 0 0 Tearsheet Notice CITY t� City of Tigard rj�'' 1 . 'P0 Box 23397 6 0 Duplicate Affidavit '+ Tigard, OR 97223 AFFIDAVIT OF PUBLICATION o fo'L a a..t 0 R4 T- 0 ip 'Old '' -ATE OF OREGON, }ss. ....y %. - , iw . t Liu:EJNTYOFWASHINGTON, } pp acrt, t o f ' I Susan P ink: Y J= C'` 6 `� i [ ; '�` s a being first duly sworn, depose and say that tam the Advertising : ...i..--is—1 z3 -'`' a�_ Director, or his principal cleric, of the—. Tigard Times c !zti. . _' WI "0 2 4:z- _.. --al , s l�: , 2 „4 a newspaper of general circulation as defined in ORS 193.010 -.1:-11)S` t3:21 I =`1- a ; •and 193.020; published at Tigard in the >_ x mss= •, ' i,°a,811 cr' _: :1 m' c� , aforesaid county and stale; that the b'0 .4; s' "' w .` A 4 , :0,�.. a Public Hearing r`�i aa. 1:73-0 Z:1- `-� " : ,- g a printed copy- of which is hereto annexed, was published in the $ -4 ' = .'.a a.a- 5 entire issue of said newspaper for 1 successive and ,�_ ti _ 0y• 151b.`.. 44 ) mi.... consecutive in the following issues: - -as-tli - , _ - ' p' ' - .A.b.,-- -4. " *43' b • ei M --.=i 0 Vt ' al 0 frt MI'N f", I '._ tz April 5, 19 8 _a_,..„,..-4...-._. .45.,,,,--As „ :„...-t..aosiv__, . -,.giti., ''o ' � ,,,,,,,i ,'fT _? ,.. ' ..a3 ."8.41. "8 W - .l123,S.yf g- f!/i g a,.i 1. 'el g: of ..a 0. 0- ,1-0 a.2 a g sa'' � '?/;+ i Subscribed and . �'orn to before me thi +4 l 10,Aw _ ,,, ,,, , 198 ¥_- 'r 42 a = ca 0 4. e (j6( �/ ��� a �'a, ' ¢ tri .73:1, - ' 51115s.., �y �`.�� i+t• bil:� F,7-41'!�,8 i.i . �alg �` 7 Notary Public for Oregon �= y c 4f-3_ .g,4'1°9-•za'tif 1 My Commission Ex AFFIDAVIT