Planning Commission Packet - 05/24/1977 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PLEASE NOTE: The original paper record has been archived and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.
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PLEASE NOTE: The original paper record has been archived and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.
AGENDA
TIGARD PLANNING COMMISSION
SPECIAL MEETING/STUDY SESSION
, May 24, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES :
4. COMMUNICATIONS :
5. PUBLIC HEARINGS :
5 . 3 ZONE CHANGE 14-77 (Patterson/Glaubke) NPO VII
A request by J. A. Patterson/John Glaubke for Preliminary Plan
and Program Review of a proposed 14 unit single family planned
development in a "R-7, Single Family Residential" zone at
11985 S .W. 113th Avenue (Wash. Co. Tax Map 251 3AB, Tax Lots
300 and 301)
5.4 ZONE CHANGE 15-77 (Carlyle) NPO VI
4 A request by Kermit Carlyle to apply City of Tigard "R-7,
Single Family Residential" zoning to a recently annexed par-
cel zoned Washington County "RU-4" on the north side of S .W.
Durham Road, west of S .W . 98th Avenue (Wash . Co. Tax Map 2S1
11CD, Tax Lots 800 and 900)
5.5 CONDITIONAL USE 12-77 (Hammett) NPO II
A request by Tigard Health Club for a conditional use permit
to locate a health spa in the Tigard Plaza (Wash . Co . Tax Map
1S1 35DD, Tax Lot 3301)
5 .6 ZONING ORDINANCE AMENDMENT 14-77
A request by the City of Tigard to amend Section 18.92.020,
18. 58 .020, 17. 12 . 030 (0) (appeal to City Council) to extend
the appeal period from ten to 15 days to 30 days for City
Council review of subdivision, minor land partitions, and de-
sign review.
5 .7 PARK SITES AND DEVELOPMENT STANDARDS
A recommendation by the Park Board to adopt the proposed
park and open space system, standards, and selected future
park sites .
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STAFF REPORT
AGENDA 5 . 3 t
-- TIGARD PLANNING COMMISSION !`
May 17, 1977 - 7: 30 P.M. .
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
il
DOCKET: ZC 14-77 ,
REQUEST: For preliminary plan and program review of a proposed 14-
unit single family planned development on a 5 .84 acre par-
cel in a R-7 zone
LOCATION: 11985 S .W. 113th Avenue (Wash. Co. Tax Map 2S1 3AB, Tax
Lot 300)
APPLICANT:
J. A. Patter
son John Glaubke
I . FINDINGS OF FACT:
1. The applicant is requesting preliminary review of a 14 unit
residential planned development on a 5 .84 acre parcel in
accordance with Section 18.56 ,020 of the Tigard Municipal
Code .
2 . The site is zoned R-7 (single family residential) and Wash-
ington County RU-4 and designated Urban Low Density on the ,
Tigard Community Plan.
3, Section 18. 56 .010 states : , :x
"The purpose of the planned development district is to pro-
vide opportunities to create more desirable environments
through the application of flexible and diversified land de-
velopment standards under a comprehensive plan and program
professionally prepared. The planned development district
is intended to be used to encourage the application of new
techniques and new technology to community development , ,
which will result in superior living or development arrange-
ments with lasting values. It is further intended to achieve
economies in land development, maintenance, street systems,
and utility networks, while providing building groupings for
privacy, usable, and attractive open spaces, safe circula , ,!
tion , and the general well-being of the inhabitants . " `'
4 . "Section 18.56.020 provides for preliminary plan and program
review by the Planning Commission and requires that such re-
view be based upon the comprehensive plan, the standards of H
this title and other regulations, and the suitability of the „a
proposed development in relation to the character of the "1
area. " ,'
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MINUTES
TIGARD PLANNING COMMISSION
SPECIAL; MEETING/STUDY SESSION
May 24, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street Tigard, Oregon
1. CALL TO ORDER:
2 . ROLL CALL: Present : Popp, Nicoli, Sakata, Wood, Tepedino, Gold-
bach
Excused Absence: Moore
3. APPROVAL OF MINUTES:
The minutes of May 3, 1977 were approved as read.
4 . COMMUNICATIONS :
Staff presented a memo on three subdivisions given administrative
approval .
5 . PUBLIC HEARINGS :
o Popp announced that Item 5 . 3 would be postponed until later
in the meeting until the applicant ' s architect could arrive.
5.4 ZC 15-77 (Carlile)
A request by Kermit Carlyle to apply City of Tigard "R-7,
Single Family Residential" zoning to a recently annexed par- P
cel zoned Washington County "RU-4" on the north, side of S .W.
Durham Road, west of S .W. 98th Avenue.
A. Staff Report
o Read by Daniels
B. Applicant ' s Presentation :
o Kermit Carlile, applicant, stated that he was working
with Summerfield residents on a protective covenant
for the site and that no more trees than necessary
would be removed.
o Popp questioned whether access was available to S .W.
98th .
o Carlyle stated that there was no means to acquire ac-
cess, and this requirement would hinder the project .
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i
TICARD PLANNING COMMISSION 4'�
May 24, 1977 - 7:30 P. I. r'
Page 2
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C. Public Testimony: L'
o. James L. McCoy, adjacent property owner, stated that tt
he was in favor of the zone change, but he is op-
posed to a 98th Street access because of traffic,
cost, and his future development plans.
D. Staff Recommendation: t.
Based on the staff observations and conclusionary find-
ings, the staff recommends approval of the request sub-
ject to the following conditions:
1. A one foot access control strip be dedicated to the
City prohibiting direct access onto S.W. Durham
Road but reserving temporary access until permanent
access is provided through the adjacent property to
the east.
2. 25 feet be dedicated along S.W. Durham Road for
street purposes.
3. The sewer and water lines in S.W. Durham Road be ex-
tended from their current terminus to the western
boundary of the property or local improvement district L,
'
agreements to do the same be provided upon final ac- ;,
tion of the City Council with regard to this request.
4. The applicant improve the street onto S.W. 98th
Avenue when the right-of-way become available.
o Discussion on extension of S.W. 98th
o Barbara Kemp expressed concern over the extension
onto 98th Street ruining the future lotting pattern 1
on McCoy's land.
i
o Irene McCoy stated that street dedication would re-
duce the number of lots allowed. ;,
E. Commission Discussion: t`
o Nicoll suggested that staff recommendations would in k
crease the cost of the housing and would, therefore, 7,=
1
1,.
a
111 1,
.]
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MINUTES
TIGARD PLANNING COMMISSION
May 24, 1977 -- 7:30 P.M.
Page 3
5:
be in conflict with the housing policies.
o Goldbach stated that access onto S.W. 98th Avenue
would be providing for the future public safety and
should be encouraged.
o Commission discussion on Recommendation #4.
Sakata moved and Wood seconded for approval based on
staff findings and with the four staff recommendations.
The motion was approved in a five to one vote, with Nic-
oli dissenting.
5.5 CONDITIONAL USE 12-77 (Hammett) NPO 11
A request by Tigard Health Club for a conditional use permit
to locate a health spa in the Tigard Plaza (Wash. Co. Tax Map
lSl 35DD, Tax Lot 3301)
A. Staff Report:
o Read by Daniels
:.,.. B. Applicant's Presentation:
o Kit Hammett stated that the site had been previously
used as a health spa and, therefore, would be ap-
propriate.
C. Public Testimony:
None
D. Staff Recommendation:
Tepedino moved and Goldbach seconded for approval as
submitted.
5.3 ZC 14-77 (Patterson/Glaubke)
A request by J. A. Patterson/John Glaubke for preliminary
plan and program review of a proposed 14 unit single family
planned development in a "R-7, Single Family Residential"
zone at 11985 S.W. 113th Avenue.
MINUTES
TIGARD PLANNING COMMISSION
May 24, 1977 - 7: 30 P.M.
Page 4
A. Staff Report :
o Read by Daniels
B. Applicant 's Presentation:
Allan Patterson, applicant, stated that :
o The plan was based on 160 feet contour as the 100
year flood plain level .
o Fourteen clustered units with dedicated greenway
would be the best use of the site.
o Clustered units would be in accordance with the hous-
ing policies by providing moderately priced homes.
and reiterated points of the preliminary program.
C. Public Testimony :
In favor:
o Glen McBride, Morissette home builders, stated that
he reviewed the plan and felt that it would be bene-
ficial for traffic and the adjacent homeowners.
In opposition :
o Ginger Starkey questioned the average lot size, the
lack of adequate parking, and submitted written tes-
timony.
o Craig Starkey stated that a guarantee of 5,000 square
feet minimum lot size should be required.
o Anne Potter expressed concern over trespassing onto
her property and suggested that a fence should be
required.
o Diane Kavasser objected to common wall housing.
o Ginger Starkey submitted a petition from 22 property
owners objecting to the development .
o Mike Hardie stated the need for pedestrian paths to
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MINUTES
TIGARD PLANNING COMMISSION
�'' May 24, 1977 - 7: 30 P.M. it
Page 5
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the school and objected to the increased traffic.
D. Staff Recommendation :
Staff recommends approval of the preliminary plan with
the conditions that the general plan incorporate the
following:
1. The site be surveyed to show the exact location of
the 100 year flood plain .
2. That the plan be revised to show:
o No constructions on the foot foot sewer easement
o A street tree program for 115th Place.
3. Drainage plan be submitted for approval by the De-
partment of Public Works .
4 . A landscape and development plan for the greenway
area be provided incorporating a bicycle/pedestrian
pathway along Summer Creek.
5. The cul-de-sac be redesigned to provide for a land-
scape island.
6 . The dwelling units adjacent to the northern boundary
be detached dwellings .
o Patterson stated that the lots would be an average of
5,000 square feet and possibly larger and that all
homes would be provided with. double garage.
o Ray Bartel, project architect, stated that the gen-
eral plan would incorporate staff recommendations
and would offer a work session with the neighboring
residents to satisfy their concerns.
E. Commission Discussion:
o Tepedino stated he would abstain from voting because •
his property was in the vicinity but requested that
the land be surveyed by a neutral engineering firm. •
o No construction or fill be placed in flood plain as
established.
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MINUTES
TIGARD PLANNING COMMISSION
r May 24, 1977 - 7.: 30 P.M.
Page 6
o That under the flood plain ordinance fencing would
not be permitted.
o Discussion on Tepedino recommendation
o Wood stated that a 5,000 square feet minimum lot size
was a reasonable request .
o Staff suggested that Condition #1 be amended to read,
"by an engineer with demonstrable expertise in Hy-
drology. "
o Daniels stated that the cul-de-sac would exceed 400
feet but would be listed as code deviation.
Goldbach moved and Sakata seconded based on staff find-
ings with the staff recommendation to read:
1. "by an engineer with expertise in hydrology . "
6. The dwelling units adjacent the northern boundary be
detached dwellings
7. No fill or construction allowed in the flood plain
8. Minimum lot size of 5, 000 square feet .
The motion was approved by unanimous vote, with Tepedino
abstaining.
5.6 ZOA 14-77
A request by the City of Tigard to amend Section 18.92.020,
18. 58.020, 17.12 .030(0) (appeal to City Council) to extend
the appeal period from ten to 15 days to 30 days for City
Council review of subdivisions, minor land partitions, and
design review.
A. Staff Report :
o Read by Daniels
B. Public Testimony:
None
MINUTES
TIGARD PLANNING COMMISSION
May 24, 1977 7: 30 P.M.
Page 7
C. Staff Recommendation:
Staff recommends that a standard appeal period of 30
days for all. Planning Commission, Design Review Board,
and planning director administrative decisions be in-
corporated into Sections 18 .58, 18.92, and 17. 12 of the
Tigard Municipal Code.
D. Commission Discussion :
o Commission discussion on notification and appeal
o Wood questioned the time period.
o Wood and Goldbach stated that the 30 day period
would be in conflict with the intent of shortening
the process time .
o Staff changed recommendation to 20 days.
Goldbach moved and Sakata seconded for approval based on
staff finding and with the staff recommendation of a
20-day appeal period .
The motion was approved by unanimous vote .
5 .7 Park Sites and Development Standards
A recommendation by the Park Board to adopt the proposed
park and open space system, standards, and selected future
park sites.
o Ben Altman, staff representative, presented the proposal .
o Wood questioned the City ' s hesitancy to condemn property
for park use and inquired if the City Council had taken
a position of non-condemnation procedures for the acqui-
sition of land for park use .
o Altman stated that the intent is to acquire park sites
with the least amount of adverse reaction .
o Popp stated that park standards and site selection would
be discussed in a public hearing at the next Planning Com
mission meeting.
6. OTHER BUSINESS: None
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7. ADJOURNMENT: 10: 15 .
STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 2
5. A major portion of the site is within the 100 year flood
plain of Summer Creek, as designated by the Army Corps of
Engineers .
6 . A 50 foot sewer easement runs through the property. Build-
ings would be allowed to abut the easement line .
II . STAFF OBSERVATIONS :
The site is presently used as a horse pasture, with a natural
tree line along the border of the property. The eastern portion
of the site slopes gently to a natural ridge, which drops two to
three feet to the flood plain. The site plan proposes to use
the flood plain as common area for the development and be dedi-
cated to the greenway system. The majority of the common area
is grass covered with few trees of any size . The houses on Lots
1 and 2 are located in flood plain (see dotted line on site
plan) . No flood plain fill has been requested. A 15 foot sewer
easement is specified on the plan . According to engineering de-
partment records, this easement is 50 feet . In addition, a
culvert with riprap extends into the property from the subdivi-
sion on 113th Place . The handling of this drainage system
should be subject to engineering department approval .
The applicant is requesting approval for 14 units, whereas 29
would be allowable,
III . CONCLUSIONARY FINDINGS :
The preliminary concept is in accordance with the intent of the
planned development ordinance . A natural drainage area is being
retained, economies in land development , maintenance, street
systems, and utilities are being demonstrated; however, no im-
provements to the greenway are proposed. In keeping with past
policy a pedestrian/bike path should be constructed, the common
area landscaped, and passive recreation facilities provided.
IV. STAFF RECOMMENDATION:
Staff recommends approval of the preliminary plan with the con-
ditions that the general plan incorporate the following:
1. The site be surveyed to show the exact location of the 100
year flood plain
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STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 3
2. That the plan be revised to show:
o No constructions on the 50 foot sewer easement
o A street tree program for 115th Place .
3. Drainage plan be submitted for approval by the Department of
Public Works.
4. A landscape and development plan for the greenway area be
provided incorporating a bicycle/pedestrian pathway along
Summer Creek.
5 . The cul-de-sac be redesigned to provide for a landscape is-
land .
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STAFF REPORT
, ' AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: ZC 15-77
REQUEST: To amend the Tigard zoning ordinance to apply City of Ti-
gard "R-7, Single Family Residential" zoning to a 9.87
acre recently annexed parcel currently zoned Washington
County "RU-4, Urban Residential"
LOCATION: North side of S .W. Durham Road, west of S .W. 98th Avenue
(Wash. Co. Tax Map 281 11CD, Tax Lots 800 and 900)
APPLICANT: Kermit Carlile ./Woody Hughes
I, FINDINGS OF FACT:
1. The applicant is requesting the application of the City of
Tigard zoning ordinance to a recently annexed, May 4, 1977,
9.87 acre parcel designated "Urban Low Density Residential"
on the Tigard Community Plan, 1971
2. The ordinance ratifying the annexation will direct the Plan-
ning Commission to conduct such proceedings as may be neces-
sary to conform the authorized zoning and land use of the
parcel to the requirements of the City 's zoning map and
code.
3. The applicalbe policy from the Tigard Community Plan, 1971,
is as follows :
a. The maximum overall density of development will be four
dwelling units or 12 persons per gross acre . This
amounts to a standard of 7,500 square feet of land per
dwelling unit, allowing for streets and other open
space. Some areas will have a lower density owing to
topography, existing development patterns or the desire
of individuals to own a larger lot .
4. R-7 zoning would permit the following uses:
a. Outright permitted:
(1) Single family dwellings, each on a separately des-
cribed lot, as recorded in the County records
(2) Farming, truck gardening, orchards, and nurseries,
provided no retail or wholesale business sales of-
fice is maintained on the premises and provided that
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TAFF REPORT
AGENDA 5 . 4
TIGARD PLANNING COMMISSION
•May 17y 1977 - 7: 30 P.M.
Page -2 -
no poultry or livestock, other than normal household
pets, are housed or any fenced run located within
one hundred feet of any residence other than the
dwelling on the same lot
(3) Home occupations, only as strictly defined in Section
18. 08.250.
b. Conditional uses :
(1) Duplex residential , with a minimum lot size of 10, 000
square feet : one duplex per lot
(2) Boat moorage
(3) Cemetaries
(4) Churches and accessory uses
(5) Colleges
(6) Community buildings (public)
(7) Governmental structure or land use, including public
park, playground, recreation building, fire station,
library, or museum
(8) Greenhouse
(9) Conditional home use : Following the procedure set
forth in Chapter 18. 72, a conditional home use may
be authorized for certain home occupational uses
which do not strictly conform to the criteria set
forth for "home occupation" as defined in Section
18 .08. 250.
It is the intent of this provision to provide the
means for request for the City ' s consideration of
"home occupation" type uses when special circum-
stances are present which the applicant feels de-
serve
this consideration. It is the intent of this
title that any commercial or industrial operations
which would ordinarily be conducted in a commercial
or industrial district, continue to be conducted in
such district and not at home
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7 : 30 P.M.
Page 3
(10) Hospital , sanitarium, rest home, home for the aged,
nursing home or convalescent home
(11) Railroad right-of-way
(12) School : nursery, primary, elementary, junior high
or senior high, college or university, private,
parochial or public
(13) Utility substation or pumping station with no equip-
ment storage and lines which are essential to the
functioning and servicing of residential neighbor-
hoods
(14) Any business, service, processing, storage or dis-
play essential or incidental to any permitted use
in this zone and not conducted entirely within an
enclosed building
(15) Children 's day care
(16) Golf course, country club, and private club .
II . STAFF OBSERVATIONS:
The site is a relatively flat, vacant parcel , with a large, old
farm house and a small grove of trees in the northern portion of
the site. Access is provided from S .W. Durham Road. The site
is surrounded by the Summerfield Planned Development and golf
course on the north and south with single family dwellings and
vacant lots to the east . The area across S .W. Durham Road is
undeveloped.
Neither water or sewerage service is currently available to the
property . A water line may be extended from S .W. 98th Avenue,
but sewerage service will not be available for at least two
years unless extended 1,500 feet from Summerfield IV. The ap-
plicant has made no mention of such a commitment.
The site currently has access onto S .W. Durham Road for a single
family residence . The application of the proposed zoning would
allow approximately 40 dwelling units. The creation of m new
street onto S .W. Durham within 200 feet of an existing street
(S .W. 98th Avenue) conflicts with the purpose of arterial
streets, which is "to carry high volume traffic flow and to
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 4
connect major traffic--generating areas such as residential
g g
neighborhood, commercial centers, industrial areas, and nearby
communities" . The adjacent parcels were also recently annexed,
and a common development plan could provide access onto S .W.
98th Avenue .
S .W.. Durham Road is currently a 40 foot right-of-way, as 90 feet
is required. Thereford, a 25 foot dedication is necessary.
III . CONCLUSIONARY FINDINGS :
1. The proposed zoning conforms to the Tigard Community Plan,
1971 in that :
a. The proposed density is less than the maximum allowed
b. With attachment of a condition requiring the extension
of water and sewer lines, adequate service will be
available .
2. There exists a public need to apply City of Tigard zoning to
all parcels of land in the city in order to ease the admin-
istration of land' use regulations.
3. The proposed R-7 zoning district is compatible with the sur-
rounding zoning and conforms to the "Urban Low Density
R
esi-
I dential p olicies of the Tigard Community P lan, 1971, i n
that it limits the maximum overall density to four dwelling
units per acre; and, with the attachment of appropriate con-
ditions, the adequate provision of safe street access to
serve the proposed development can be assured.
4. The R-7 zoning is the most appropriate designation, due to
there being no apparent development constraints and the need
to efficiently utilize buildable lands in the urban area.
IV. STAFF RECOMMENDATION:
Based on the staff observations and conclusionary findings, the
staff recommends approval of the request subject to the follow-
ing conditions :
1. A one foot access control strip be dedicated to the City
prohibiting direct access onto S .W. Durham Road but reserv-
ing temporary access until permanent access is provided
through the adjacent property to the east .
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 5
2. 25 feet be dedicated along S .W. Durham Road for street pur-
poses.
3. The sewer and water lines in S.W. Durham Road be extended
from their current terminus to the western boundary of the
property or local improvement district agreements to do the
same be provided upon final action of the City Council with
regard to this request .
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STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
May 17, 1977 - 7 : 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: CU 12-77
REQUEST: To locate a health club/spa in a C-3 General Commercial
zone
LOCATION: Lower level of the Tigard Plaza Shopping Center (Wash .
Co . Tax Map 1S1 35DD, Tax Lot 3301)
APPLICANT: Kit Hammet
I . FINDINGS OF FACT:
1. The applicant is requesting a conditional use permit in ac-
cordance to locate a health club/spa in the Tigard Plaza
Shopping Center .
2 . The site is designated "Retail Commercial" on NP II , which
encourages retail businesses to locate in shopping centers
rather than in a strip commercial fashion along S .W. Paci-
fic Highway .
3. The site is zoned C-3 General Commercial , which authorizes
the Planning Commission to consider as conditional uses the
following:
"Amusement enterprise, including billiard or pool hall ,
bowling alley, boxing arena, dance hall , public swimming
pools" (18. 28.020(2) .
4 . Section 18.12. 030 allows the Planning Commission to author-
ize uses not specifically listed in the code if the use is
of the same general type and similar to the allowed uses if
not specifically listed in another zone .
II . STAFF OBSERVATIONS :
The 3, 000 square foot lease space proposed for use as a health
spa is on the lower level southern facing portion of the shop-
ping center, with parking between it and S .W. 88th Avenue .
The space has been previously used for a health spa and most re-
cently as a karate studio. In the past signing has been a prob-
lem but is expected to be improved with the placement of a sign
At
listing all tenants, which has been approved by Design Review.
STAFF REPORT
(: AGENDA 5 ,5
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 2
III . CONCLUSIONARY FINDINGS :
1. The proposed use is in conformance with NP II in that it is
a commercial use locating in a shopping center, rather than
along Pacific Highway in a strip commercial fashion.
2 . The proposed use if uniquely suited for the site since it
has been used for that purpose before .
IV. STAFF RECOMMENDATION:
Approval as submitted .
STAFF REPORT
rr AGENDA 5 .6
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: ZOA 14-77
REQUEST: To amend Section 18 .92 .020, Section 18 .58 .020, and Section
17.12. 030 (D) of the Tigard Municipal Code to extend the
appeals period from ten and 15 days to 30 days for City
Council, Planning Commission, and Design Review Board re-
view of administrative decisions regarding subdivisions,
minor land partitions, and design review
APPLICANT: City of Tigard
I . BASIC FACTS :
1. . 18 .92.020 (A) of the Tigard Municipal Code reads as follows :
"An action or ruling of the Planning Commission authorized
by this title may be appealled to the City Council within 15
days after the commission has rendered its decision by fil-
ing written notice with the city recorder. Notice of appeal
shall state the name or names of the petitioner, date, and
action of the commission being challenged and reasons for
such an appeal . The fee may be established by the City
Council to defray the cost of preparing a verbatim trans-
cript of the commission hearing. If no appeal is taken
within the 15 day period, the decision of the commission
shall be final . If an appeal is filed, the council shall re-
ceive a report and recommendation from the Planning Commis-
sion of a verbatim transcript of the hearing before the com-
mission and shall hold a hearing on the record established
before the Planning Commission . Notice of the public hear-
ing shall be by one publication in the newspaper of general
circulation in the city not less than five days and not more
than ten days prior to the day of the hearing. "
2. Section 18 .58.020 (C) states :
"Any action of the planning director or his agent may be
appealled to the Design Review Board by the applicant or ad-
jacent property owner provided the said written notice of ap-
peal is received by the planning director within 15 days of
the applicant's receipt of notice of action by the planning !
director or his agent . "
STAFF REPORT
AGENDA 5.6
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 2
3. Section 17.12.030 (D) states :
"Any person aggrieved by a decision of Planning Commission in
approving or disapproving any subdivision, major or minor
partition proposal may appeal such a decision to the City
Council within 15 days after the date of such action of
the Planning Commission from which th.e appeal was to be
taken . "
4. City of Tigard Resolution 77-43, which establishes City
Council , Planning Commission, and Design Review Board re-
view of subdivision, major and minor land partition, and 1
design review approvals, handled administratively by plan-
ning director, requires that the planning director notify
each of the respective boards within 14 days of final ac-
tion.
II . STAFF 'OBSERVATIONS:
With a 14 day notice to the Planning Commission, City Council ,
Design Review Board of final administrative actions by the
planning director, it was a concern of the council that with
only one day to spare after that notification the respective
bodies might not be provided an opportunity for review.
Positive aspects of the proposal are to provide a two-week de-
cision period after receiving notice by the planning director
of a final action in which to consider whether the respective
board or commission would wish to review the proposal .
Negative aspects of the proposal are that it would increase the
period of time in which a project could be delayed or stalled--
in some cases up to 60 days.
III . STAFF RECOMMENDATION:
Staff recommends that a standard appeal period of 30 days
for all Planning Commission, Design Review Beard,
and planning director administrative decisions be incorporated
into Sections 18.58, 18.92, and 17.12 of the Tigard Municipal
Code .
t
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