CPA 17-84 POOR QUALITY RECORD
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DENSITY TRANSITION • :.
.�. CPA l i--84..,�.eW � r�r � �
CHAPTER 18.40.040
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CITY OF TIGARD, OREGON
ORDINANCE NO. 84-2‘
AN ORDINANCE .";&ENDING CHAPTER 18.40.040 RESIDENTIAL DENSITY TRANSITION, ''
EXCLUDING LAND WHERE THE ACTUAL DENSITY IN THE ESTABLISHED AREA EXCEEDS THE
MAXIMUM DENSITY ALLOWED UNDER THE LAND USE PLAN MAP DESIGNATION POR THE
4 ESTABLISHED AREA, AND DECLARING AN EMERGENCY. (CPA 17-84)
WHEREAS, the Tigard City Council adopted the Community Deve'.opment Code in
November 1983 including section 18.40 which sets forth a density transition
requirement; and
WHEREAS, the City of Tigard finds it necessary to revise its Community
),Develoment Code periodicallytoimprove the operation and implementation of ,i
that plan and code; and
WHEREAS, the density transition
policy limits development in some developing
areas to a lower densitythan that intha abutting
established area; and ,
WHEREAS, the Planning Commission held, a public hearing on May 8, 1984, to
consider proposed changes to section 18.40 of the Community Development Code
and voted to recommend to the City Council that section 18.40 be modified; and
WHEREAS, the City Council held a public hearing on May 14, 1984; and voted to
modify section 18.40. w
THE CITY OF TIGARD ORDAINS AS FOLLOWS
Section 1. Section. 18.40 of the Tigard Community Development Code shall be
a amended to add a new Section C as follows
1.
C. bsection *18.40.u4O(A) abovewhere the .,
SuIA shall. not apply.
yabutting area exceeds: the
actual density
+n the established '
maximum density alloyed under - the Land' Use Plan Map
designation fox° the established area: the de.ns=.ty_
transition still will not exceed 125 percent of the
i; abutting established area density "
, ORDINANCE 84-. ,
Page 1
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Section 2. Inasmuch as it is necessary for the peace, health, and safety of
the peop?....i of the City of Tigard that this amendment be made
with the least possible delay, an emergency is herby declared to
exist, and this ordinance shall become effective immediately
upon passage by the Council and approval by the Mayor pro-tem.
PASSED: By � �� � �,�.� vote of all Ccrrcil members present after'.
being read by number and title only, this / (( day
of , 1984.
Deputy City Recorder - City of T .g ',rd`
APPROVED: This ,if ( day of I`x�Q 1984.
Mayor pro tem. . City of Tigard
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ORDxMNC
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Agenda Item # 5.7
CPA 17-84
Tigard Planning Commission
May 8, 1984
MEMORANDUM
TO: Planning Commission
FROM: Planning Staff 4';.,16CAV1
SUBJECT: Density Transition
.t�
Secta♦on 18.40.040 of the Community Development Code setforth a formula for
ert p yg. ped abuts an
i
calcLtlating a density transition whare a p ro been develo
established residential zone. There has been one nstance where the density •
in the established area exceeded the densityallowed in the established a
plan designation and the developing property with the 1.25 densitytransition.,
could have developed at a lower density than the abutting established area.
•
STAFF RECOMMENDATION:
1 Staff recommends that the Planning Commission forward a recommendation
i amending Section 18.40.040 as follows:
C. Subsection 18.40.040(A), above shallnot apply where) the density in
the established area exceeds the maximum density allowed under the ,1
Land ti' e Plan Map designation for the established area.
(0402P)
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5.6 CPA 16-84 Amendment Decision Process
.Associate planner Newton explained why an amended decision process would
he helpful and recommended adding Section 18.3...275 Amended Decision
Proce19s. £he Commission did need to determine how` many times someone
could apply for an amended decision and whether there should be a fee.
PUBLIC TESTIMONY
e No one appeared to speak
PUBLIC` REARING CLOSED
COMMISSION DISCUSSION AND ACTION
• The consensus of the Commission was for one time and that a minimal
fee to cover cost of processing would be nece4. ry
p r ,
m Discussion followed regarding other requirements.
i Commissioner Peterson move g to forward staffts 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 section D. to read, 'The amended
. to toone time. Change UDIt to "1 ° and change
decision shah. be limiteda. g g
"E" to "F'''
{
Commissioner Butler seconded. Motion carried unanimously by members
, r.
present.
5.7 CPA 17-84 Density Transition 31,4
Associate Planner Newton made staffts recommendation to amend Section.
18.40.040 of the Community Development Code to allow for cases when the
density exceeds what is allowed in the established area.
e Discussion followed regarding changes.
Commissioner Owens left lO 25 P.M.
PUBLIC TESTIMONY - No one appearedto speak
PUBLIC HEARING CLOSED u.
COMMISSION DISCUSSION AND ACTION
O Commissioner moved to forward the folitwing to City Council with
•
recommendation of approval.
C. Subsection 18.40.040 (A), above shali not apply where the actual
density in the established area ei,xceeds the maximum density
allowed under the Land Use Plan Map designation for the
established area. The density trausition still will not exceed
1.25, that of the actual abutting established area density.
PLANNING COMMISSION MINUTES May 8, 1584 Page 6
,: r „� +�{,«,aM1. ,.o-,� ,•,n'.-ate w.ra w, ..,M.y +s:,' ._.. .. , .,.
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O Commissioner Peterson seconded the motion. Motion carried
unanimousl,Y by Commissioners present.
:•.,
5.8 ZONE CHANGE ANNEXATION ZCA 11-84 EUGENE A. & EUGENE BRIMKEIT NPO # 3
Associate Planner Newton made staffs recommendation for approval of the
Zone Change with conditions and forward the annexation to City Council
PUBLIC TESTIMONY - No one appeared to speak.
PUBLIC HEARING CLOSED
COMMISSIONER DISCUSSION AND ACTION
e Assocriate Planner Newtcn stated that condition number one had been
completed and was ri longer necessary.
e Commissioner Fyre add Butler ware concerned about allowing
t development with septi~ system.
O Staff read letter from NPO # 3 stating they had no objections at this
time.
• Commissioner Peterson moved to recommend approval of the annexation
and for approval of the Zone Change from RU 4 to R 4.5 sub jecct to the
approval of the annexation by City Council with the following
conditions.
1. A minor land partition application shall be filed with the City
and approved prior to issuance of additional building permits on
the property.
2. A metes and bounds legal description for the property to the
center line of SW 121st shall be submitted prior to action by
the Tigard City Council .fin the annexation.
3. Development will not be allowed on the property until such time
as sewer is available to the property or psrtola.tion, tests
indicates that there is adequate room for septic systems and the t•,
applicant signs a nonrotnonstrance for sewer.
Commission. Leverett seconded the nnoottion. Motion carried by majority vote,;
Commissioner Butler voting no.
5.9 ZONE CHANGE ANNEXATION ZCA 10--84 ROBERT GOODRICH NPO # 3
Associate Planner Newton made ,staffrs recommendation for approve: of the
zone change with conditions and to forward annexation request to City
Council.
NPU COMMENTS - Staff read NPO # 3 letter stating they had no objections at
this time. W,
PUBLIC TESTIMONY No one appeal- speak.
rs.
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PLANNING oaRmxSSION MINUTES May S 1954 Page 7 p:
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COMPREHENSIVE PLAN16-B4/AMENDMENT DECISION PROCESS
AMENDMENT/CPA 1b-84/AME
A recommendation by the City of Tigard Planning Commission regarding
Chapter 18.32 to allow the Planning Director to amend a decision after
findings have been prepared in response to issuesthat are raised prior 4
to the appeal deadline,
COMPREHENSIVE PLAN AMENDMENTJCPA;. l7-84/DENSITY TRANSITION.
A recommendation by the City of iTigard Planning Commission regarding the i .
Density Transition section of the code, section 18.40.040, and
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 CommissionmeetingmeetinE. andrecommendedCouncil
.
open the pubiic hearig and continue to May 14th. ,
,
p gthrough 2.14. I
b. Public HearingOpened for agenda items 2.10
c. City Administrator noted Mrs. Clinton, 0865 S.W. View Ct. , Tigard,
and .Yeraldine L. Ball representing DJB, Inc. , 11515 S.W. 91st,
Tigard had signed up to speak on agenda items 2.10 and 2.11. ,
by by continue o
�. Motion. Councilor Cook, seconded Councilor
o 1, meeting.
agenda items 2.10 through 2.14 to May 14, 9
Motion approved by unanimous vote of Council.
,,9.61
13. L.C.D.C. STATUS RESORT (1f
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a. Planning Ditr..ctor reported on presentation to L.C.D.C. and stated
Goal 2, Land Use
` P ye Spaces Scenic and I'l..ann�.n .and. Goal 5 Open * resolved:4 major �l,ic issues remain to be
111 g� , p , Historic Areas, and
Natural f. �. dealt Housing, Item 1
.,.eso.l.,Aces -
taken care of. Item #2 additional, manufactured have been with. Goal. 10,
has. been � homes;
Item 4, Housing Density, and Item. 5, Subsidized Housing are issues
that need a solution. Staff reported they had direction how to
handle the
need assessment, and this would not affect the
r', Comprehensive Plan.
, b* Council and staff discussed the requirement regarding density of
''
10 units per acr ,: and how to achieve that goal. Staff must have
a way to increas the density from 941 to 10 units per acre.
p Staff suggested the following alternatives:
.of
1. Up-zone some areas. y
2. Argue with L.C.D.C.
' 3. Zone some areas in downtown and triangle, first floor
.>r ; rest, overhead, be used for residential.,
commercial All undeveloped land zoned medium high density; not
p
zoned 13-20 units per acre, be zoned 13-25 units per acre.
This would equal 10 units per acre and solve thq density
issue n
c. Council discussed strategiesopinions and options ara .table.
tem Schedkla' suggested Mayor p pro g5 ed staff work with Washington County
.' to give us some ideas. Planningstaff noted items will haveto he
Mage 7 COtINCtL TAPRIL 300 1984
•
,{ a. Public Hearing Opened
Yd b. Motion by Councilor Cook, seconded by Councilor Brian to continue
to April 30, 1984.
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 correopondence from Washington County, the
Home Builders Association of Metropolitan Portland, Oregon Legal
Servi Corporation, The Department of Environmental Quality, The
Oregon State Housing Division, 1,000 Friends of Oregon, Metro and the
Land Conservation and. Development Commission Staff.
a. Public Hearing Opened
b. Motion by Councilor Cook, s=::conded by Councilor Brian to continue
to April 30, 1984.
..` Approved by to animouz 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 (CG) a a.d Commercial
Professional (CP) zones
a. Public Hearing Opened ,P.
fi
b. Motion by Councilor Cook, seconded by Counetilor Brian tc continue
to April 30, 1984. •
Approved by unanimous vote of Council present.
25. COMPREHENSIVE PLAN A. 'ENDMENr/CPA 16-84/A-84/AMENDMENT' DECISION PROCESS
A recommendation by the City of Tigard Planning Commission regarding
Chapter 18.32 to allow the Planning Director to amend a decision after
findings have licea 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 to continue
to April 30, 1984.
+ # Approved by unanimous vot'e of Council present.
26. C OMPREHENS1' 8PLAN A 1EN1)ME,N*. /CPA 17. 4/1,)ENSE►ry TANS TIO t
A recommendation by the City of Tigard Planning Commission regarding the
Density Transition section of she code, section 18.40.040, and
4"', conditions when application of this provision may not be require ::
a. Public Hearing Opened
Page 11 - COUNCIL MINUTES - APRIL 23, 198
R .
b. Motion by Councilor Cook, seconded by Councilor Brian to continue
to April 30, 1984.
Approved by unanimous vote of Council present.
27. L.C.D.C. STATUS REPORT
a. Planning Director distributed i;ems for study and noted this issue
would be presented at a later date.
28. APPROVE r.OUNCIL MINUTES 4-9-84
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
29. ACCEPT DEPARTMENTAL REPORTS
a. Councilor Scott requested additional information from the Director
of Public Works regarding his monthly report. Councilors Scot:,
Pad Scheckla questioned the Director of Planning & Development
regarding his report.
b. Motion by Councilor Brian, seconded by Councilor Scott to approve. ..,
Approved by unanimoo$, vote of Council present.
30. RESOLUTION NO. 84-26 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENT TO THE TIGARD ECONOMIC DEVELOPMENT
COM1IT:EE. (Mr. Robert Williams)
,�. a. Motion by Councilor Cook, seconded by Councilor Brian to approve«'
Approved by unanimous vote of Council present.
31. RESOLUTION NO. 84-27 A RESOLUTION OF THE TIGARD CITY COUNCIL, MAKING
APPOINTMENTS TO THE TIGARD PARK AND RECREATION
��.'.
BOARD. (Mr. Steve Newman and Mr. Steve Slabaugb)
a. Motion by Councilor Cook, second;.d by Councilor Brianto approve.
ve»
Approved, by unanimous vote of Council present.
4° ' 32. RESOLUTION NO. 84 2S �{ U C y}�{ CITY •
RESOLUTION Y � RESOLUTION
Fye., CITY COUNCIL. or Tat OF,
i,•_•,y i. .. A I�t.r V,V��V'T��N.... V� THE ,:-.
TICARD OREGON, ESTABLISHING A CIVIC CENTER
PROJECT ADVISOR` COMMITTEE. (7 member board)
a. Motion by Councilor Cook., seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
°► 3 . ACCEPT SLOPE EASEMENT ON BONITA ROAD - Wallace J. Brosseau S700,00 AND
AWARD BID FOR S5,900' TO RUTAN CONSTRUCTION POR REPAIR WORK
Motion by 'Councilor Cook, seconded by Council +' Brian to approve.
4 4, Approved by unanimous vote of Council present.
Page 12 - COUNCIL MINUTES APRIL 3, 1984 "!p.
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BEAVERTON.OREGON 87075 *.
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City of Tigard OF Ti f?D . s
•PO Box 23397 " 0 Duplicate Affidavit
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