Planning Commission Packet - 03/27/1979 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PLEASE NOTE: The original paper record has been archived and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
.
2'IGA.RD P,I,ANN.ING CO.MMI$SION
March 27, 197� - 7:30 P.M.
Fowler Junior High School' = Lecture Room
Niy, � . � �. . �
a�r 10865 S.W. Walnut Street - Tigard, `Oregon
1. Open Mee•ting:
2. Ro11 Call: ,
3. Approval' of Minutes` from Previous Meeting(s) :
4. Planning Commission Communication:
5. Publxc Hearings:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1 o Px�oponent's
2. Opponent's
3. Cross-examination
D. Staff Recommendations
E. Commission 'Discussion & Action
5.1a ZONE CHANGE ZC 3-79 (George & Aase Husvar) NPO #6
A request by George & Aase Husvar for a zone map amendment from Wash.
Co. RU-4 to City of Tigard R-7 "Single,Family Residential". zone on a.
0.91�acre parcel, located at 14200 S.W. 97th (Wash. Co. Tax Nlap 2S1
;.�:;;,;
11BA, Tax 7.,ot 100) .
5.1b ZONE CHANGr ZC 4-79 (Richard & Judith Stack) NPn #6
A requesi� by Richard & Jizdith Stacic .for a zone map amendment from 4Vash.
Co. RU-4 to City of Tigard R-7 °Sin le Famil Residential" zone on a
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0.47 acre parcel, located at 9840 S.W. McDonald Street (Wash. Ca. Tax
Map 251. 11BA, Tax Lot 601) .
5.1c ZONE CHANGE ZC 5-79 (Peter & Ca.rrie Janzen) NPO #b
A request by Peter & Carrie Janzen for a zone map am�ndmen.t from Wash.
Co. RU-4 to City of Tigard R-7 "Single Family Residential" zone on a
4.43 acre parcel, located at 9910 S.W. McDonald Avenue (Wash. Co. Tax
Map 2S1 11BA, Tax Lots 600 & 700) .
5.1d ZONE CHANGE ZC 6-79 (Ronald R. & Anna Lautt) NPO #6
A request by Ronald R. & Anna Lautt for a zone map amendment from Wash.
Co. RU-4 to City of Tigard R-7 "Sin�le Family Residential" zone on a
2.5 acre parcel, located at 14110 and 14140 S.W. 97th (Wash. Co. Tax
Map ?Sl. 11BA, Tax I,ots 101 & 105) .
5.1e ZONE CHANGE ZC 7--79 (Bi11y & Mary 8urnam) NPO #6
A request by Billy & Mary Burnam for a zone map amendment from T^7ash.
;�� Co. RU-4 to City of Tigard R-7 "Single Family Residential" zone on a
2.9 acre parcel, located at 14235 S.W. 97th (Wash. Co. Tax Map 2S1
11BA, Tax Lot 1000) .
over
5.2 ZONE CHANGE ZC 2-79 (Lindal Cedar Homes) NPq :#4
I A request by Lindal Cedar Homes, In.c. for a ,zone mag amendm�nt. f�om
Wash. Co. RU-4 to City of Tigard CP "Comme�cia,l.-Professional" zone � ,,;,
on a .344 acre parcel, located aarner of Gonzaga Street & S.W. 66th ....
(Wash. Co. Tax Map 2S1 lAA, Tax Lot 7200) . �
5.3 CONDITIONAL USE CU 37-78 (Kenneth V. Allison) NPO. #1 .-
A request by Kenneth V. Al,lison for a conditional,-use,pex•mit to, build.
a single family residence and an 11 unit apartment complex in a C-3M
"Main Street Commercial" zone on a 0.91 acre parcel, located 284 fe.,et•:.
from Pacific Higl�way on Mackenzie Avenue (Wash. Co. Tax Map 2S1 2AC,
Tax Lot 2000) .
6. 01d Busines�:
9. New Business:
8. dtner Business:
Review of Ordinance amending Chapters 17.48 & 18.46 '�ransferri�c� �;
responsibility for certain variances to the Planning Director. :
9. Adjournment:
STUDY SESSION TTEMS:
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1. Review of Chapter 18:57 - Sensitive L3nd Consideratior�s; L'looc�.,Plain:,
Dra3nageways and Greenways.
2. Review of Draft Ordinance For Subdivisions, Major & Minor• Land
Part.itions, Planned Developments, and Others.
3. Review of Resolution No. 79- , Zoning An�exed Areas in the,City.
4. Discussi�n of inemorandum to Planning Ccammissioners .in regards ta "
Request from Fred Meyer to 1�lter and ]Cmprove the Home Improvement
Center - Ref. SDR 11-79. " .,, ., �
5. Discuss _Washington County - Tigard Urban Planning Area,Agxeemen;t� ;., ,
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MINUTES
TTG.A�tD PLANNING COMMISSION
March 27, 1979 - 7:.30 P.M. �
� F"owler Junior High School - Lectur� Room
10865 S.W. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meeting at 7:30 P.M.
;
ROLL CALL:
Fresent: FunJc, IColleas, Helmer, Smith, Speaker, Tepedino, Wood
Present but arriving at 7:40 P.M. : Bonn
Absent: None
Resigned: Seeber
S•taff: Aldie Howard & Hilary Mackenzie
MINUTES: It was moved, seconded and CARRIED that the minutes of the March
6, 1979� meeting be approved as submitted.
Yt was stated that what COMMUNICATION5 there were would be considered later
in the program.
President Tepedino read the usual notice to the audience giving authority
for and procedure to be followed during the public hearing portions of the
meeting. He thereupon opened the PUBL.TC HEARING.
5.1a - 5.1e inclusive, including Zone Changes ZC 3-79-ZC 7-79
A request by ten applicants for a zone map amendment
from Wash. Co. RU-4 to City of Tigard R-7 "Single
E'amily Residential" zbne (Wash. Co. Tax Map 2S1 11BA,
Tax Lots 601, 1Q0, 600, 700, 101, 105 arid 1000) . �
Fioward read the STAZ�F �FPORT. He thereupon showed on a wall map the ownership
of the various parcels, the topography, street layouts, arzd sewer engineering
problems.
APPLICANT'S PRESENTATION: Of the ten applicants, only Mr. and Mrs. Lautt
and elessers. Stack and Janzen were present, none of whom wish;ed. to testify,
The STAFF RBCOMMENDATIONS were read by Howard,
The only PUBLTC TESTIMONY offered was two I.etters in opposition read into �
the record by Howard, from George and Eva Karr and Roy Justus, residents of the �
area.
COMMTSSIDN DISCUSSI,OIV & ACTION center2d mostly on Con.dition No. 4, prohibiting
cul-de-saas or dead end streets in the area. Tioward explained the rationale for
this condition, pointing out a desirable general street development for the ar.ea.
5mith objected to the prohibition of cul-de-sacs simp7.y because emergency services
viewed them unfavorably. Some discussion followed of the relation of this °;I
condition to d�sirable City policy, and where the policy should originate (i.e.
Planning Staff, Planning Commission, City Council. )
� Wood MOVED that the zone map amendments from Washington County RU-4 to City 'i
of Tigard R-7, ba.sed on staff �in�ings and recommenda�ions, be approver� with �I
R�commendation No. 4 as written deleted, substituting therefor the fol�owing:
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` , MINUTES
TIGARD PLANNING COMMISSION
March �7, 1979 - 7:30 P.M.
Page 2
4. "Dead end streets wi11 be prohibited unless the need can be justified."
ThE motion was seconded and CARRIED urianimously,
5.2 ZONE CHANGE ZC 2.-79 (Lindal Cedar Homes) NPO #4
A request by Lindal Cedar Homes, Inc. for a zone map amend-
ment from Wash. Co. RU-4 to City of Tigard CP "Commeraial-
Professional" zone on a .344 acre parcel, located corner of
Gonzaga Street & S.W. 66th (TnTash. Co. Tax Map 2S1 lAA, Tax
Lot 7200) .
Howard read the STAFF REPORT.
The APP.L.T.CANT'S PRESENTATION "was made by Mac McQueen of the Seattle office
of Lindal Cedar Homes. He explained the Company's plans to erect two buildings
to be used for office purposes, while retaining as many trees on the site as
passible. He d�scribed the traffic generated as light, and mostly on weekends.
He offered to show plans of the first building.
There was no PUBLIC TESTIMO.NY.
Howard read the STAI'F RECOMMENDATIDNS.
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° .a"� COMMI5SION DISCUSSIDN AND ACTION; It was asked if zoning permitted this
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;: residenti.al type of construction in this area. Mr. McQueen replied that while
the buildings would illustratc for prosper.tive purchasers the type of
construction, these were in fact permanent buildings with basements, and would
be used as offices and not resiciences.
Z'he remaining principal discussion was on Staff Recommendation No. 4 directing
consolidation of this parcel with others to increase the total buildable area to
' the �ne-acre minimum specified in the NPO #4 P1an for "Office Park'� designation.
Howard explained staff's reasoning for approval; describina the 'land owr�ership i,n
the area and the impr�rt of a one-acre minimum on small businessmen--"the mainstay
of the community". He reported that the present members of NPO 4 are not in �
ayreement on this policy, and that staff would be meeting with NPO 4 very shartly,
making �tabling at this time an option. Speaker commented the Commission should
consider what is best fro:n the st�,ndpoint of good city plarining, even while
recognizing this imposes a hardship for the small businessman who might want to �
establish in the area. Smith asked for a map of the surrounding area, whiah was �
supplied by Mr. McQueen. Bonn thought that in an area of larger office complexes,
this might provide some diversity.
Wood requested further clarification of Condiici,on 4, Howard responded at
some length, discussing and illustrating on the map the "superblock" concept.
Wood offered a motion calling for development on this site'in such a man,ner as
to allow its subsequent incorporation with other parcels into a unified develop-
ment of one acre or more. It failPd for lack of a second. Smith objected that
this would result in piecemeal development, which is not in accord with the NPO
� 4 intent.
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, „ MINUTES .
TIGARD PLANNING COMMIaSION
March 27, 1979- 7: 30 P.M�
��,� Page 3
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After further discussion about wha�L actually was the NPO 4 intent for this
area, Howard suggested that this cou].d be determined very shortly and brought
back to the Commission. Wood suggested the proper forum to determine what the
Comprehensive Plan means is the .City Council. Speaker offered a motion to table,
, which failed when brought to a vote. Thereupon Smith MOVED for denial of the
request on the ground that it does not comply with the NPO 4 Plan requirements for
the area. The motion was seconded and CARRYEb 'unanimously. •
5.3 COND2TIONAL USE CU 37-78 (Kenneth V. Allison) NPO #1
A request by Kenneth V. Allison for a conditional use permit
to bu'ild a sing.l� faTM!ily residemce and an 11 unit apartment
complex in a C-3M "Maitx Street Commercial" zone on a 0.91
acre parcel, loca�ed 284 feet from Pacific Highway on MackenziP
(Wash. Co. Tax Map 2S1 2AC, Tax Lot 2000) .
The STAFF REPORT was read by Howard.
The applicant, Kenneth Allison, made the APPl,ICANT''S �RESENTATION. He
explained his purpose a,nd his desire to build a 12-unit apartment plus a
single-family residence for his own occupancy. Ho�wever, the Code permits
only ten apartments plus the residena�.
PUBLIC TESTIMONY.: J.B. Bishop, owner af adjoining property and former �
�5 part-owner of this parcel, spoke on behalf of the request. He explained the '
�`8`-�' applicants are owners of adjoining apartments which are very well maintained
and have older tenants, calling for a minimum of public services. He stated
the type of structure the appla.cant desires to erect is in multiples of four,
hence his request for 12 units rather than 10 as permitted by the Code. He �
related some history of dealings with previous Pl.annin, Department Staff, and �
the problem of acquixing an additional 12 feet in order t� gi..�ve p-soper access
into the site. Mr. Bishop stated the adjoining owner does not wzsh to grant
an easement or make a sale of the required 1`l feet for access; that if he did
so it would reduce parking for his apartment complex below that rPquired by
City Code for the parking for his apartments; and that there are hard f_eplings
between the parties which precludes any good-faith bargaining for this access.
He stated that a second emergency access point would be available through hi.s
(Bishop's) property when it is developed, probably Z to 3 years away. He
called attention to LCDC GoaZ 14 which call� for highex densities in public ;
transit aorrido�s. "
Speaking i.n OPPOSITION was Phil Benson, owner of five acres adjoining on the
east. He pointed ou� he was �urr;ed dow�r on a requ@�t for a PUD ealling f�r 6-
unit condomiriimums (two stories)•. The presen� applicant's proposal is for
two-story apartments; across the street from Benson's property is twa-story ''
apartments; and yet his project was denied partly because only duplexes were �
permitted. He felt this was inconsistent to say the least. 'a
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Howard read the STAFF RECOMMENDATIONS. %1
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COMMTSSION DISCUSSION AND ACTION: Various aspects of the access problem �
were discussed at length, including access to the appli�ant's present apartment <�
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� MINUTES
. � TIGARD PLANNING COMMISSION
March 27, 1979 - 7:30 P.M.
Paye 4
complex. Mr. Bishop answered questions on behalf of the applicant, and explained
aspects of the traffic situation pertinent to this parcel. Tt was established
that the applicant owns the property without conditions, to the expressed amaze-
ment of Com¢nissioner Wood. Mr. Bishop affirmed conversations with previous staff
lead him and the applicant to believe that in consideration for the ciedication
at greenway, serious consideration would be given to the density and access
problems.
Smith moved for c�enia]. on the basis of the access situation. The motion was
seconded but failed. Thereupon Wood MOVED for approval o� Conditional Use CU
37-78 subject to the six conditions recommended by staff. The motion was seconded.
Clarification of the emergency access condition was asked for, and Nlr. Bishop stated
that in the present condition of the field to the north,' access by emergency
vehicles is impossible because it is too soggy. Thereupon Wood, witYi the consent
of the seoridy amended his motic,n to modify Condition #1 to read as follov�s:
l. °'That a second access point be provided (preferably to the north) as
approved by the Tualatin Rural Fire Protection District and the Tigard
Police Department. If the access is over ,parcels not yet developed,
that an agreement be reached to provide such access upon development
of the parcel."
The motion CARRTED, with two noes.
OLD BUSINESS:
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(a) Howard explained a situation on Katherine Street in the Windmill
Subdivision where, because of the terraa.n, it is desirable to have the sidewalk
abut the curb. It was MOVED by Bonn that the sidewal.k on Katherine 5treet in
the Windmill Subdivisi�n along a portion of Tracts C; and n be permitted to be
adjacent to �the curb line in the yreenway area. The motion was seconded and
CARRl'LD unanimously.
(b) With respect to Canditional Use CU 31-78 (Page N. Stevens) whir,h the
P1ar.ning Commission approved on January 16, 1979 with staff recommendations
and conditions, Howard c�lled •attention to Condition 4 which requires approval
of the Site Design Review Board. He explained why review by the Site Design
Review Board is inappropriate and asked for approval of the deletion of the
word "Board" from this condition, thus requiring site design review at the staff
level. (An appeal from requirements of site design staff could be taken to
the Site Design Revi.ew Board.)
Bonn MOVED that the word "Board" be deleted from Condi.tion 4 of CU 31-78.
The mation was s��ondcd and �ARRTED, caith Wo�d abstaining.
(c) Howard brougYit up for discussion the proposed addition to the Home
Improvement retail building in the Fred Meyer complex on Pacific Highway. The
present use is nonconforming. Howard expressed the conviction tha�t the improve-
ments in the landscaping. discussed with and agreed to by the ap�licant were
obtainable and reasonable under the circumstances, and would effect a substantial
�'?' improvement over the present landscaping, There was extended discussion on a
variety of aspects of the complex. It was finally MOVED by Smith that the Fred
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m ' y MINUTES
TIGARD �LANNING COMMISSION
March 27, 1979 - 7:30 P.M.
Paye 5
' Meyer people appear for a hearing before the Ylanning Commission iri corinection
with the proposed addition to �he Tigard Home Improvement Center buil:ding.
The 'motion was seaonded and CARRIED' unanimously.
(d} Smith ra.i�ed a ques�ion as to the authority of the design, r�view
function to modify conditions approved by the Planrzing Commission. This was
r�sponded to by the City Attorney, Joe Bailey� that generally only the PYanning
Commission has authority to. materially modify conditions approved by the Commission,
(This is subject, of course, to action by the City Ceuncil.)
NEW BUSINESS:
Helmer reported on a rsde he took recently in a City Po].ice cruiser. T�e
found xt v�ery instruCtive, and •commended similar trips be made by the other
Carru-ni`ssione�s. T�e suggested the emergenc� services people meet with us in a
study session, a suggestion which appeared tc� have the .approval of thre Commission,
and which was agreed to by staff.
� • ,At this poin�(10c0'5 P.M.) the President declared a short recess.
OTHER BUSINESS:
The balance of the meeting was given to a study session, with input fram
the City Attorney, on proposecl re�ised City Ordinances covering transferring of some
authority for minar ehanges to the Planning Director, sensitive lands, and maj�r
�,,, and mirxor land partitions. Mr. Bailey felt these ordinances were not yet ready
for considera�ion by this Conm►ission, and the thought wa,s expressed 'the'Commission
should have the equivalent of a staff report on the purpose, rationale, and effect
o� the .revisions. '
The meeting was decl.ared ADJO�IRNED at 1.1:23 P.r;.
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. - . C�TY O�' °TIC��F�D
P.o. sox 233s7
12420 S.W. IVlain
Tigard,Urego�n 97?23
M,s�.�`Gh 2 3 T. 19 79.
Dear Planning Co�missionexs;
The Planning Commission meeta;ng that was schedtiled for l�arch 20,
1979 was canceled due to lack af � quorum� and is being rescheduled
far itiIarch 27, 19?9 s
The enclosed inforn�at3on is for the l�arch 27, 1979 Planni,ng
Commission meeta.nq.
5i,n ce.re ly,
l�.�,G�-�-c.�. �<�-�2.c,�'-�:�
Debbie Burgess �
Planning Becretary
� Att.
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PUBLIC NOTICE
TIGARD PLAIQNING COMMISSION
' March 27, 1979 - 7:30 P.M.
Fowler Junior I3igh School - Lecture Room �
�- 10865 S.W. Walnut Street - Tigard, Oregon
5. PUBLIC HEARINGS
5.1a ZONE CHANGE ZC 3-79 (George & Aase Husvar) NPO #6
A request by Geoxge & Aase Husvar for a zone map amendrnent from Wash.
Co. RU-4 tn City of Tigard R-7 "Single Family Residential" zone on a
0.91 acre parcel, located at 14200 S.W. 97th (Wash. Co. Tax PRa� 2S1
11.BA, Tax Lot 100) .
5.1b ZONE CHANGE ZC 4-7� (Richard & Judith Stack) NPO #6
A request by Richard & Judith Stack for a zone map amendment from Wash.
Co. RU�-4 to Ci•t� of Tigard R-7 "Single Fa*nily Residen�i,al" zone on a
0.47 acre parcel, located a� 9840 S.W. McDonald S�reet (Wash, Co. Tax
Map 2S1 11BA, Tax Lot 601) .
5.1c ZONE CHANGE ZC 5-79 (Peter � Carri.e Janzen) NPO #6
A request by Peter & Carrie Jaxizen for a zane map amendment from Wash.
Co. RU-4 to City of Tigard R-7 "Single Family Residen�a.al" zone an a
4.43 acre parcel, located at 9910 S.W. McDonald Avenue (Wash. Co. 7.'ax
Map 2S1 11Ii�, Tax Lots 600 & 700) .
� 5.1d ZONE CHADiGE ZC 6-79 (Ronald R. & Anna Lautt) NPO #6
A request by Ronald R. & Anna Lautt f�r a zone map amendmen4 from Wash.
Co. RU-4 to City of Tigard R-7 "Single Family Residential" zone on a
2.5 acrc parcel, located at 141_l0 and 14140 S.W. 97th (Wash. Co� Tax
Map 2S1 11BA, Tax Lots 101 & 105) .
5.1e ZONE CHANGE ZC 7-79 {Billy & rilary Burnam) NPO #6
A request by Billy & M�ry Burnam for a zr�ne map amendment from Wash.
Co. RU-4 to City of Tigard R-7 "Single Family Residential" zone on a
' 2.9 acre parcel, located at 14235 S.W. 97th (Wash. Co. Tax Map 2S1
11BA, Tax Lot 1000) .
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5.2 ZONE CfIANGE ZC 2-79 (Lindal Cedar Homes) NPO #4
A xEC�uest by Linclal Cedar Homes, lnc. for a zone map amendment from
Wash. Co. RU--4 to City of Tigard CP "Commercial-Professional" zone
on a .344 acre parcel, located corner oF Gonzaga Stree•t & S.W. 66th
(Wash. Co. Tax r�ap 2 Sl IAA, Tax Ir�t 7200) ,
5.3 CONDITIONAL� USF CU 37-78 (Kenneth V. A1lison) NPO #1
A request by Kenneth V. Allisan for a conditional use permit to build
a single family residence and an 11 unit apartment comple:� in a C--3M
"Main Street Commercial" zone on a 0.91 acre parcel, located 284 fee�
� from Pacific Highway on Mackenzie Avenue (Wash. Co. Tax Map 2S1 2AC,
Tax Lot 2000) .
Note: This hearing may be continued to a date set specific by the Planning
Commission.
Publish TT 3/23/79
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� JTAFE REPQRT
° ; AGENDA 5.1a - 5.1e
' '�IGARD PLANNING COMMISSTON
March 20, 1979 - 7:30 P.M.
� Fowler J`vnior High School - Lecture Room
� 10865 S.W. Walnut �treet - Tigard, Oregon
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Docket: Zone Changes - ZC 3--79, ZC 4-79, ZC 5 79, ZC 6-79 & ZC 7-79
Applicants: Mr. & Mrs. T�usva�> Owners: Same
Mr. & Mrs. Stack "
Mr. & Mrs. Janzen "
Mr. & Mrs. Lautt °
Mr. & Mrs. Burnam "
Application Dates: February 2, 1979 (ZC 3-79, ZC 4-79, ZC: 5-79 & 2,G 6-79) arzd
February 6, ].979 (ZC 7�79)
Site Locations: ZC 3-79 - 14200 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lot 100)
ZC 4�79 - 9840 S.W. McDanald Streat (Wash. Co. Tax Map 2SI 11BA,
7'ax Lot 601) ,
ZC 5-79 - 9910 S.W. McDonald Stre�et (Wask�. Co. Tax Map 2S1 11BA,
Tax Lots 600 & 700)
ZC 6-79 - 14110 & 14140 S.GJ, 97th (Wash. Co, fiax Map 2S1 11BA,
Tax :G�ts 10]: & 105)
ZC 7-79 - 14235 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lot 1U00)
Requests: For a zone map amerzdment from Wash. Co. RU-4 to City o.f Tigard R-7
"Single �"amily Residenti.al".
�'" Previous Action: The seven parcels were annexed into the City in January jointly
�- to develop. A Lacal Improvement District (LID) for sewers has
been formed.
General Statement: The Planning Staff feels thaL- these fivP .a�plicati:ons sh'o�.1'd be
heard jointly because af their pr_oximity to one anc,ther. Staff
feels that there are no unique problems with any of the parcels.
I. Findings of Fact:
l. The sites are designated "Urban Low Density" on the NPO #6 Plan which
allows four dwelling units per gross aere.
2. The owners are requesting zone changes in order to com,ply with the
Comprehensive Plan. They will individuallX begin to subdivide their
res�ective properties to create residential devel;opments (sefer to
attached narrative.) '!
3. Applicable NPO #6 Policies for residential developm?nt are as follows:
"Density" -- Palicy #2 (page 3)
"Streets" - Policy #3 (page 3) col.lector ana z,ocai street standards (page 7.0)i
"Other services" - Policy #4 (page 3)
"Site character" -- Policy #E (page 4) I
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� 4. Iaots 600 anci 700 have existing single £amily units on the northern
#� portion and vacant open area to the south. Lot 601 is presently
'` vacant. Lot 1 000 has a single family tuxit on the southwestern corner
with open space to the north and east. Lots 100 and 101 have s�ingle
family units on the west frontage of 97th Avenue and apen space to the
east, Lot 105 is vacant, The entire topography for`this area s].opes
sli,ghtl.y frozn southWest to the northeast.
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STAFF REPORT
� AGENDA 5.1a - 5,1e
" � TIGARD PLANN2NG COMMISSION
March 20, 1979 - 7:30 P.M.
Paqe 2
�, 5. The surrounding land uses are designated "Urban Low Density" and
are presently occupied with single family residences (some of
whi.ch are in the County) .
6. Z'he feasibility of insta�.],ing a s�an it ary sewer Tine to. service �the
seven lots is questionable. Installation of the line is pending
approval based on connecting ability of a private line from the
subject parcels south to 94th Court and S.W. Inez Street. Water
service will be provided by the Tigard Water District.
7. Southwest McD�nald and S.W. 97th Street will serve as the major
circulation facilities for the sites. They are designated "collector"
streets by the Np0 #6 Plan. Both are presently coun.ty streets and
are in sub.standard condition having inadequate ��ving, right-of-way
width and no curbs or si�3ewalks.
II. Cqnclusionary Findin gs:
1. There exists a need to zone parcels that are within: the city limits
to the City of Tigard Comprehensive Plan designati�n. �
2. Southwest McDonald Street is in need of �en (10) additional feet
of right-of-way and S.W. 97th needs five additional feet nr righ•t-of-way.
Bo�:h streets are substandard, th�refore, half street improvements
are necessary.
"`�:.. 3, Sanitary sewer connection remains a concern due to the physical
elevation of the land and tlie distance to the nearest line. A second
alternative to install� sewer ser_vice would be to construct a pump station
to 100th.
I III. S-taff Reconunendations:
Staff recommends approval subject to the following conditions:
l. That USA sewer service be available• for any parcel prior.
to issuance of building permits: •
2. �hat ten feet of riqht-of-way be dedicated to the City from
lots 700 and 600 along the frontage of S.W. McDonald with half
street improvements .prior to issuance of building permits.
3. That five feet of right-of-way be dedicated to the City from
lots 100, 101, 105 and 1000 along the frontage of S.W. 97th
with half street improvements prior to 1S5Uc�T1C@ of building
permits.
4. That al]. streets created on any parcel when development occurs
slaall be designed to connect to existing streets and will be
prohibited from creating Cul-de-sac or c3ead end streets unless
the need can be justified.
�`� Report prepared by: Ken Selby Reviewed by: Aldie Howard
Associate City Planner �lanning Director
,�
MEMORANDUM
To: Planning Cammissioners
From: Plannirig Secretary
Subject: Staff Report, Agenda Ttem 5.2 - Lindal Cedar Homes, Inc.
Date: March 23, 1979
Please find enclosed a revised staff report for Lindal Cedar Homes, ,
Inc.
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� STAFF REPORT
� . AGENDA 5.2
TIGARD PLANNING COMMISSIDN
March 20, 1979 - 7:30 P.M.
Fowler Junior High School - Leeture Room
10865 S.W. Walnut Street-Tigard, Oregon
Docket: 7one Chdnge ZC 2-79 (Commercial-Professional Office Complex)
A�plicant: Lind�l Cedar Homes, Inc. Ownar: Mr. Stephen B. Kahn
10411 Empire Way South 2'6320 Scenic Road
. S�attle, WA 98178 Carmel, CA 93921.
Appl.ication Date: January 30, 1979
Si-te Loaation: Corner of S.W. Gonzaga �treet and S.W. 66th (G�Iash. Co. Tax Map
2S1 lAA, Tax Lot 720'0) .
Request: For � z�ne map amendment from Wash. Co. RU-4 to City of Tigard CP
"Conunercial-Profess'ional° zoize on a .344 acre parael.
, Previous Actian: Property annexed as part of Wardin Annexation.
Gerieral Statement: None
I. Findings of Fact:
1. The subj�ct paxcel is desi.gnated "Commercial--Professional" on the NPO #4
Plan.
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2. 1�ppZicabJ.e Po�xcies for the Commercial-Professional de�ignatipn are: �
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"Street, water, sewer facilities" Policy 16 (page �)
°'Office Par.k parc�l size" Palicy 25 (page 14) %
3. The appZicant proposes to canstruct one office bui�.ding immediately, and �
an�ther in the near future. The site usage will conform with tlae '
surrounding commercial property's uses (see attached narrative dated �
January 24, 1979) . �
4. The subject parcel is presently vacant and heavily wooded. The site ;
elevation is approximately three feet lower than S.W. 66th and is '
relati.vely flat. �
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5. Surrounding land uses are: vaaant wooded l.ot ancl the Allstate Insurance
Office across S.W. F'ranklin to the north. There are sinc�lP family
residencss to the west and south. To the east is S.W. 66th and the I-5
Freeway. All surrounding land uses are in the commercial-pr�fessional
designated area in the NPO #4 �1an. ;
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6. Water serv�.ce is available from the N�etzger Water Distri,ct. Sewer
service is being arranged for the site off the existing Tigard/'USA
line at the corner af S.'W. 67th and S.W, Gonzaga.
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STAFF REPORT
" AGENDA 5.2
TICyARD PLAIVNING COMMISSION �
March 20, 1979
Page 2
;l
7. Southwest Gonzaga presently has' adequate right-of-way width of 50 feet
fora local street. However, it physically does not exist. Southwest s
66th has adequate right-of-way width and good paving. However, it does
not have the required collector street standard, siciewall�s, curbs and !
gutters. Southwest Gonzaga and S.W. 66th front the subject parcel on
the south and east. They are presently county roads.
IT. Conclusionary Findings:
_ 1. The p.roposed project is in keeping with the designated land use. FIowever,
due to its lot size, it is in con£lict wi�h the intent and Policy #z5 of
the NPO #4 Plan. (Refer to the "OFFTCE PARK" sectinn of the Pl.an) .
2. Permitting development of t'his .344 acre parcel may impare the ability
�o develop large tracts and. it may create a hardship for the western
adjac�nt lot of 12,000 square feet that•if not incorporated with the
surrounding larger parcels will became a non�confoxming 1ot.
3. There are a number of significant trees on the lot and their preservation
is desired where possible.
4. The "OFFICE PARK" section of the NPO #4 Plan suggests that snme local
streets adjacent to parcels to k�e used as commercial-professional, may
�r be vaca�ted to cre�te "Super Blocks". Southwest Gonzaga is qualified to
fulfill this intent. "
4
III. Staff Recommendations:
Staff recommends approval subject to the following conditions:
i
1. That the applicant submit construction and drainage plans with necessary !
bonds to the City 'Engineering and Building Departments for approval prior" to j
issuance of building permits.
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2. That the applicant apply for street vacating of S.W. Gonzaga alonq �he i
fronting af the subject property.
3. That the applicant furnish half street improvements to collector street
standards al.ong S.W. 66th Street prior to issuance of building permits.
4. That the subject site become incorporated with adjacent lots to increase
the total buildable area �pto br ab�ve" the..on:e:.acre'.l�.mi:t fo'r•: �'.'�J�fice,.,Par}r"
areas.
Report prepared by: Ken Selby Reviewed by: Aldie Howard
Associate City Planner Planning Director
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7. '.Che buildings wil.l rieeda •
A. Water servi.ce for which we have appl.ied at Me�zger
� Water District and arra.ngemen�s will be made to
, � install -the line from the neares� poirz�.
Ba Sewage. Arrangemen�s have been made with Cooper
and Associates to engineer and install the sewer
from S. W. 66th and Gonzaga Sewer Extension to the
site if the �oning approval is given.
C. Electrical service of 11.0 and 220 volt�.
I7. Phone service.
� E. Fire Protection �� x:
F. NormaZ palice supervision. • �
G. The development itself will add no further loa� on
sch�ol, park, o.r publ.ic transportation.
`: H. The access road from the freeway and ox other roads
will be used primarily by the employ�rs and vi.si�ing
prospPCtive home purchasers.
8. Attached is a map showing the proposed si-te.
9. Also enclosed is a county -tax map showing the proposed
site.
10 . Enclosed are 1.3 blue print drawings showing the layout
of th.e two buildings. One building to be built immediately
and the oth�r within a year's ta.me.
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f0411 EMP/RE WAY SOUTH / SEATTLE, WASHINGTON 98178 / PHONE(2061 725-0900 CABLE•CINDALSE'A ��
,
� MA1LlNG ADDRESS:P.O.BOX 24426 /SEATTLE,WASHlNGTON 98124 .
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t. R�CEIVF�
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_ C��' OF TiGA��
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c���a� ����s
Jan. 24�, 1979 j
I
Tigard Planning Commission
12�20 S. W. Main St.
ligarcl, �r�gon 9`���;3
Dear Sirs:
, E�closed is sign�d request for zone change for tax lot 7200
. Map 2S11AA- lots �2� �thru 29, Block 27. Also included is a
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��' . check for �00.00 as indicated for the a 1' cati .
$ z on
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lo/ The property is presently zan.�d residenti�,l and we wish
,�`, " � ` to use it for a commercial, regional of�`ice building.
, � We propose to erect eventually two buildings of cedar
;;y �exterior construction. Area wi11 be ].andscaped and �°
parking areas provided.
2o The usage would be in conformance with existing commercial
: property in �the area such as Farmers Insurance Group and
: All State InsurancP Company. No inventory af materials or
' selling of items or material will be conducted on this �
property.
3. The �.andscaping and buildings wi11 add mea�urably to the
appearance of the area.
�. Wherever �ossible existin.� trees wil1. be retained and
maintained.
5. Lindal as a provider of beautiful. cedar homes and buildings
desires to be on an easily accessible si-te that also provides
visual appeal from pa,ssin.g traffic. We feel that this site
meets our needs and with the growth and expansion in the
Tigard area it is very appealing to us.
6. We feel that our plans will add beauty and desirability to
the area. The nu.mber of people working in the offices will
� probably never exceed ten and the traffic pattern will not
be great at any on.e time.
10411 EMPIRE WAY SOUTH / SEA7'TLE, WASHlNGTON 98178 / PHONE/206J 725-a900 CABLE-LJNDALSEA
MAlL.1NG ADDRESS:P,O. 90X 24426 /SEATTLE,WASHINGTON 98124
�$TAFF REPORT
� AGENDA 5.4
TIGA,RD PLANNING COMMISSTON
March 20, 1979 - 7:30 P.M. �
��' liowler Junior High School - Lecture Room �
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Conditional U�e CU 37-78 (Apartments}
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Applicant: Mr. Kenneth V. Allison Chmer: Franzi�ka Bucholtz �
64a5 N.E. Union Avenue 12660 S.W. Main y
Portland, Oregon 97211 Tigard, Oregon 97223
& �
Application Date: N�vember 29, 1978 J.B. Bishop ;
4263 N.E. Hazelfern Place
Portlancl, OR 97213 '
Site Location: 284 feet east of PdC1f1C Highway (Wash. Co. Tax Map 2S1 2AC, Tax
Lot 2000) .
Request: For a conditional use permit to construct apartment buildings in City of
Tigard C-3M "Maa:n Street Commercial" zone on a .91 acra parcelo
Previous Action: This application has been held in abeyance while the joint-.
owners and applicant : finalized preliminary research which
may ef�ect the decision on this parcel. The research has been
completed, and an application has been presented to the
Planning Department tor processing.
�; General Statement; None
�.,
I. Findings of Fact:
1. The site is designated "Retail Commerca.al" on the NPO #1 Plan for th�
Downtown Commercial Area and is presently zoned C-3M "Main Street
Commercial"e
2. The applicant proposes ta construct ten apar�ment dwelling units and
one single story residence. The location will be �ast of the applicant's
exisfing apartment units.
3. Section 18.30.020(1) Tigard Municipal Code states: Any conditional use
permitted in a C-4 zone.
4. The subject site is presently vacant with an appr.oximate six (6) percent
slope from the west to the east adjaCent to the Fanno Creek greenway area.
5. The su�^rc�.znding l�nd uses arQ apartmYr.ts to the south and to the west.
To the east is Fanno Creek greenway area and a vacant paroel zoned
multifamily. To the north is vacant land zoned "Retail Commercial".
6. Sewer and water service i:s availak�le from the existing lines west of tYie
subject property.
7. Vehicl.e entrance to the subject property will be provided along an� existing
�y 12 fnot access that continues east from McTCenzie Stree� off S.W. Main
5treet.
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STAFF REPORT
� °AGENDA 5,4
TIGARD PLANNING COMMISSION
March 20, 1979
��•,,._ PacJe 2
Iz, Canclusionary Findings:
1. The applicant's request is in keeping with the provisions of the zon.ing
regulations for this parcel.
2. Density: .91 acres x 12 dwelling units per acre = 10.92 dwelling units.
Therefore, the applicant's request for ten apartment units and one single
family residence is in keeping with the number of dwelling units permitted
in S�ction 18.24.030 TMC,
3. Sewer and water are available.
4. The ap�licant wil.l be required to declicate the Greenway area to the City
per th� Environmental Design and Open Space Ordinance 77-70.
ZII. Staff Recommendations:
Staff recommends approval subject to the following canc�itions:
l. That a second emergency aacess point be provided (preferably ta the north)
as approved by the Tualatin Rural Fire Protection District and the Tigard
Police I)epartment.
�. 2. That site construction and drainage plans with bonds and necessary agr.ee-
ments be submitted and apFroved by the City Engineer and Building
' Departmc�nts prior to issuance of building permits. �
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3. That �the Fanno Creek ancl greenway area be dedicated to the City prior to
issuance of build.i.ng pexmi�.s.
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4. �'hat �.he applicant receive approval f.ro.m site design review for land- �
scaping, site p1an, etc. priar to issuance of building permits. '
5, That the applicant increase the driveway access an additional 12 feet
with paving prior to issuance of building permits.
6. Na changes will be made to approvPd plans or specifications unless formal
application is made ta the appropriate department anr� changes are approved
by that department. Application tar changes wi11 be made in writing and ;
shall include applicable drawings, engineering specifications and other ��
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detai'ls requested by the department. No constructioz� shall take plaoe in
these ir.stances until aftEr the chang�s hav� been �pproved. Any deviation
fxom this condition will result in the immediate posting of a stop work
I' order on the project or any portion af the pxoject.
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Report prepared by: Ken. 5elby Reviewed by; ' Howaid �'
Associate City Planner n ng Direetor �
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�, � 4;�� t�+-t� ��1�: CITY OF TIGAP.D, t�REGON {
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AtV urJli�r�.NCE A1�1E`DI�iG �Ei.�E�TE�tS 17, 48 ANLI 1$. 46, TRANSFERRIiIG Rk:SPONS�L'�LITY j
T'O�� C�,RT�IN VARI�vCES �O THE I��,ANNSN� D�RECTOR< ' ;
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THE CITY OF TIGARD ORDAZNS AS FC7LLar�IS : �
S�r�ti�n l: • . ,
The Gi�y Cau..nci:�. fiz�ds �h�.t tk�ere is a neQd �or the t�ansfer Gt
som� of th� responsibili.ty fc�x �ecs.sior�-•mak�,ng regazding va�iances f•r.c�m
�he Plar�ning CorR*ais�ion to th� �1.arxii.11Cf D1.�'ECtC�X. This need arises r�ut •
of bo�h the requir�m��,�s of bua.�.�e�s aild dev�I.o�aers a` 1.and , �+r,d thr� n��d� '
...,: o.ti,,�, n y -..,... ;.. r�.. rl f�.h F+ �'?7�
vi a.i�c cs.c�.�lu.�aa� a1�:�oitTil@'�l� J3'!� �11l��::XEg L'OI(litll.SSlOI7 fOX' GX�2,.tE]." •
E�zici.Ency in �he adm.inistr�tion o� �he�.r wor1�. The Cour�cil �uzther £�.z�ds �
tha� in the limi�t�d areas covered lay tt�.is vrdinanae �the inter�st G.� ih�
pu�:,.Lic are adequat�ly pro���ted by the v�es�.ing o� th� autho�ity anci
r��norisibili�y for these �decisions �rith the Planning Dzrectr�x. •
.
5�ction z : -
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Chap�ex� 17. 48 Variances o� the �'igard Munieipa,� Cocie (r�latir,U
•`r� tiaria�.c�� in stibdi�cri�iQns) is hereby �mer_ded in the fall�wing respects : ;
�'�, • .
' �"3' , �. Sec•t�on 17.4�.�I,O Application for Exceptic�n .k
i� a:-��n3ed by the additian of the �aords "Except as - �
pr.ovir3�c1 i.n Section Z8.48. OI5" befor� the begi.nning af
th� s�cor�d paragraph of Section 17.48.010.
�. Th� fo7.lawiny language is added as a new .
sectian, to be �Iesigna�ed Sec�a.on 17.48.Q�.5 Pl.anning `
Director t� A�t �r� C�i:La:in ���i.�cations
. Sec�ion. 17.48. 015 Planz�ing Director to Act `
on Certain P_�nlica}or�s`. Zf an applica�ion for varian.c�
from set?aack requ.i=emen�s asser�s that the varia.nc� '.
' �equested ��aould amoun� to a de��rture' of:not mor� than , '
15 percent frorci the re lz�a^,� sta.:4ar3, cr i f the �'
applicati.an asserts that variance from lot ar�a, lot �
coverage, lot depth, or lot wi.dth requirements wcauld �i
a.�nc,u.nt �o not more than 5 percent of the relevant . ;I
s�anda.rd, the Planning Director shall have th� -
�utrL>.,L�L-y �nd th� respnnsib�,lity to grant or deny the .
varianc� . Th4 b�lanna.ng Director shall grant a vari.ance
unc��r �r'es� circumstances if he:•finds the assPrtions •
of th� applica�ion to be true, and if hz finds that '
the �ollo:ui.71g circumstances �xist: ���
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QRC�Ii��`•iCE NO. 78- . S
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� (a) The cliscr�epancy beta�een the relevant �� ' .
�standard and the propos�7L c•rhich is the subject of the � : � '
variance has �ris�n by mi.stake or excusable nec�leet, and . �
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(b) Requi.rinq tha� the buz7.der or deveZopez
cnnfc�x�m �to the �°eZevan� stanclard would cause ex�ense,,
i,nconveni�nce, or Ioss o� time subs�antially out of . �
proaortion to the value to' the public of' th� interest �
pro�ec�ed bx rigid insistence on compl.iance wi.th the
standard. �
�f �he Flanninc� Direc�or den�.es the
a��l.i,ca�ian far vari�nce undAr fihe grovisa.ons c�f tris
sec�ion th� ap�lic�.nt shall be e�x��.�1.ed �ca appeal tr� I�
the �'lanrzing Cammission. Appe�I, tr� �he �I.anr�ing . •
�4mrnission shall k�� taken by SJ�'1't'L"E.'Il nc+ti,�e af ap�eal.
in Y_etter �orrrx �i.l�,d wi•t�Y thE city ��corde�. Such a.
� `* a�l c1�a11 hn fj„inr� �;ritahin ±�on riavc af±-pr I
Z3l.S'L'L''.1.4C �J1. cLP�3.r....+. . � ,_. . .
mailiz�g nf. natice �f the d�nial.. On appeal. the
Plari.ning Commissian shall ap�ly the stanciards a� this
section, and not the standarc�s set f'orth in Section �
17'. 48. 020. Appeal. trom a decisi.on o�' th� Flanna.ng
Cr�mznission may be �aken in t1�E same clay o�her a�pea�.s .
ar� taken from Plan.ning Comrniss.ian decisions regard�.ng
variances . On appeal, trom th� Planning Gommissa.pn the
City Cauncil shall appZy the star�d�x°�I� �P� fc�r_th ��
this section. ,
���ctian 3 : -��
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Cha��er 18. 76 Variances of the Tig�rd P�iunicipal Codz
; (�Qlating �o variances in zoning matters generally) a.s hereby arnended l�y�
thQ addi�.i�n of Section 18. 76. 035 Planninc� Director t4 Act an Cer.tain
� Abpl?cations , to r�ad as fallaws : �'
S�ction Z8. 76. 035 Planning Di.rector to P_ct on
Certain A�plications. %f an appl.icat.ion �or va�iance •
• fram setback rec�uirements assez-�s that the var�.anc�
. requ�sted raould amc�unt to a dep�.zture of nat more �han
15 percent fram tfie zeleva*�t s�an.da,xd, or i� �he • '
applicatior. asserts th.at vari�ce �rom lot area, 3.ot .
cov�zage, Iot depth, or lot wi.dth requix�men�s V�ould �
arnc�u:-�-t to not more than 5 percent of �he relevant . �.
stdndard, the Planning Direc�or shall have the .
authority and tl�.e respor�sibility ta grant or deny the . '
variance. The Planning Directar shall grant a variance � �
und�r these circumstances if h� finds the assexti�n.s �
of the application to be true, and if he finds that . ' �
�the follosaing cir�umstances exis�:
O:?llT�'A:.tiCE NO. 78-
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y �°�k (a) Z'he discrepa.*�cy be��veen thp relevant •
: �` stand�rd �nd the prpposal cJ:�ich is the sub�ect af the
,
�rariance has ari,sen by mistake or excusable neglect, anrl
(�) Requiring that the builder or deveZo�er
eonform to th� relevan� s�andard wou2d causp exp�nse,
i.nconven�.enc�, or loss of �ime substanta.al.ly out of ' .
• pr��artion to th� value to �he public of the a.nterest
pro�e�G�ed by rigid insi�tence on compl.iance with the �
star..dar3.
If the Planning Directar denies �h�
a�plication for v�riance under the provision:s of this
section the applicant shaT,l be enti�led to ��peal to
t.he Pl.anning Co:nmission. Appeal t� the Planning
� Eonmission shall be taken by wr�.tten not�ce o� a�peal
in Ie tter form filed raith the ci�y recorder. Such: a
nv�i.�� az a�pea5. s�a�.l be ��.1.ec� rvitk�xrz t�n c3ays ��ter
mailing of notzc� of thE denial. Oz� appeal the � -
Plannir.g Comnission shall appZy �he standards of this
s•ectian, and not the s tandarcTs set £orth in SeGtion •
1,7. 48. a20. Appeal, fr�m a c�eci�ion o� the Planning �
�ommission may be taken in the same way otner appeals
�re ta't�n from Pla.�ning C�rc�.rc�.ission deci.si�ns regarding
. •variances . On a���al, from th� P1.anning �ommission �he
Cit� Coun,cil shall apply th� standards set Lor�h �n
tYila S�CtiOZ1.
��M�SED: By � vote of a31 Co�ncil, m�mbers pres�nt, �f�er
� b�i.nc,� read two times b1 numbex and title only, this day
• of _ , 1978, �"""
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' . ' RECORD'r;R, CIIY �F' TIGARD �
aIGNED: B the Ma er �his da �f .�
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MAYOP., CITY O� TIGAR]3 , �
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• l��tDIN?1NCB NO. 78- ' �
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Chapter 18.57 .
Sensitive Land Con:siderations
Flood Plain, Drainageways and Greenways
5ections: �
, I8.57.010 Intent and purpose.
18.57m020 Definiltions. r
18.57.030 Pe�rmitted useso
l.$�57.040 Prahibited uses and activities.
Y8.57.050 Nonconforming u�ses.
1$.57.060 Special germits car exceptions.
18.57.070 Standards for permitted s�rtxctures.
18.57.OX5 Treatment of created hardships.
. 18.57.980 Appe�l to city council.
1,8.57.090 Army Corps study.
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' , 18.5'1.01,0 Statement of Intent. Open space is considered to be Iand unsuitahle for �
. development because of location within the 100 year floodplain ar within a natural � F I
drainageway nr the slopes along these areas. Open space may also be land deszgnated �'
for park develop�nent or land designated as a greenway area. (Sensitive land areas are � I,
�.�
designated as such in order to give recognition to the need to protect the public H ealth ',
Safety and Welfare of the community through the regulation and control of lands within �
floodplain, drainageway, wetland, and ste��iy sloping land areas and to thereby mitigate
potential financial burdens arising from flood damage loss and to preserve natural '.
drainageways from encroaching uses which threaten to adversely affect the property rights
of citizenry af the communxty, personal safety and the public health by unnatural con-
ditions arising from upstream on downstream flood levels.)
7'he floodplait� district has fnr its purpose the preserv'ation of natural. water storage'
areas within the floodplain district by discouraging or prohibiting incompatible uses
except in those instances wher� a finding may properly be made by �he Pl.anning Commission,
This sectian of th.e code seeks to protect and preserve natura� water storage areas,
�
steeply sloping lands, floodplains and draina;eway areas �nd the greenways by di.s�ourag--``-w:�-'
ing or prohibiting incompatible uses except in those inst�nces where findings may
properly be made by the Planning Commission or City Council allowing limited use of such
areas.
The substant�.�ve elements txpan whYCh this chapter is based may be referenced in
Ordinance 77-70 passed by che Tigard Ci.ty Council August 8, 1977 entitl�d "Environmental
Design and Open Space Plan."
18.57.G2G lJefinitions. In this chaptar the fo:L'lowing words and phases shall be
construced to have the specific meanings assigned to them as fa].lows: '
(1) "Fill" means any act by which earth, sand, gravel., rock ar any other, similar
material is deposited, placed, pulled or transported and includes the conditians
resulting therefrom.
' �
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(2) "Fload" means a temporary rise in stream f�ow or stage that results in water
,,,�,, .
�. overtopping stream banks and inundating laad adjacent the normal flow of water I
ehrough the stream channel.
(3) "Flood hazard" means an immediate danger to property or health a5 the result I
of inundati.on of �iae floodplain. I'I
� I
(4) "EloodpZain°' means the relatively flat area or lowJ.ands adjoining the �
�hannel af a river, stream, watercourse or other body of water which has been, or ma.� II
be coversd by flaodwaters within the area of applicability defined by the floodplain
district. �
(5) "Floodplain. d�.strict" means the floodplain district is defined as those
areas within the City of T'igard inundated by the one Yaundrsd year regulatary flood
i
as defined by the U.S� �Arm� Corps pf Engineers, LT.S. Geological �urvey, UoS. Bureau i
of Reclamation, U.S. Soil Cunservation Service and the O�regon State Water Resources
���-� �
Board and the Washin tan Count De artu�nt of Fublic Works amon nthers on ma s
�.
titled� "F7�OOD P�AIN�' Washington County, Osegoni and othexwise d,escribed as "AUD
701 Proyect Noe 73-16�OV�94 plates number 4 and numbea 5.
� l�) "Flood surface elevatxon." Those elevations depicted on the floodplain sexies
maps are based on near sea level datum and their locations are an indication o£ �he
surface e].evations at that lacation.
(7) "Abstruction" means any dam, wa11, embankment, levee, dike, pile, abutment,
projection, excavation, channel modifi.cation, bridge, conduit, culvert, buildin,g,
gravel, xefuse, t�1i, structure or matter in, along, or across ar projecting into
any channel, watercourse, or floodplain drainageways areas which may impede, reta=d
or change the direction of the flow of water, either in itself or by eatching or cal'-
lecting debris carri.ed by such water, or that is placed where the flow of 4rater migh�
car-ry the same downstream to the damage of health or property,
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(8) "Regulatory flood" means the flood used to define the outer boundary lines of �':�.,
the fZoadplain district. Th.e maxxmum flood predicted to occur witk�in each one
hundred years.
(9) "Structure" means permanent�constructed�edif.ice or building of any kind.
(10) "Drainageways" are defined as those axeas, which corzvey significant season�,l
concentrations of water over or near the surface of the land, whether or not there
is a visible channel and which inclu�.es portions of slopes down which water travels
to reach said areas.
(11) "Wetlands" are defa.ned as those areas whera the water table seasonally
within 12 feet or less of the surface due to low lying, poorly drained soils.
(12) '°Greenways" are d.efi.ned 3s lands that establi.sh a gxeenway system tha�
wi.11 (a) tie together recreation areas, schools, and their service areas; (b)
provide protective buffers between incampaCible land uses; (c) reduce flood hazard by
restricting developm�nt along natural drainageways; (d) provide opportunities foz �"
passive recreation aetivities; (e) afford alteznative pedestrian and bicycle eirculatiQn
I� xoutes separated from the street system and motorized vehicles; and (f) pr�serv'e the
amenity af the area. �This definitior. may be further clarified b�r consulting the text
of TCP (Tigard Cammunity Plan) ot 1971 Page 51 and Ordinance 77-70 - "Environmental
DeSign and Open Space Plan."
(1,3) "Steeply slopiag lands" are porti.ans of the graund surface which have a
slope o� 12� or greater, as shown on maps marked Exhibit "B", titled "City of Tigasd
and Vicinity -- Environmental Constraints."
18.57.030 Permitted uses. 1'he following uses by their nature do not threaten 'I
obstruction of water flow in the floodplain and do not impair the water storage
capacity af the floodplain and sha17. be permitted within the floodplain disCrict subjec �
to the limitations in this section,
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� (1) Floodplain District: �'
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a) Accessory residential uses such as lawais, gardens or play areas not �;
i
causi.ng substantial obstructions ta floodwaters ared including fences designed to �`
�
minimize the obstruction of floodwaters and flooa-carried debris;
b) Agrieultural uses conducted without locating a structure in �he flood-
plain district including a boundary fence designed to minimize the obstruction of .
floodwaters and flnod-�arried debris; �
c) Community recreational uses such as bicycle an.d pedestrian paths,
archery range, athletic field or parks. The recreational use sha11 not incl.ude
;
any perznanex�t structures causing a si�nificant obstruction ta the f.l�w of flood-
. �;
waters; 4
d) Public and private conservation areas for water, soil, open space, �;
�>
fores� or wildlife resources. �E.;
� �
(2) Drain�ageways and wet3.an�s: The followi.ng uses are generally compati,ble witla ;
the purpose� of this chapter in minisizin.g huffian injury and �roperty damages,
enhancing the environmental quality of the City, controlli.ng erosion., and siltation, �
�
preserving water quality and quanity, and protecting natural vegetatian and F
s
. wi�.dlife p l.
1
a) Accessc�ry rssidential uses such as landscaping or gardens which do not �
significantly impede the flow of wa�ers and which preserve major components of the
natural vegetatian; '
b) Low-intensity recreatonal uses such as bicycle and pedestrian paths. �
The recreational use sha11 not include any permanent structures causing a significant
obstruction to the flow of floodwaters;
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Page 5 � �
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c) I'ublic and private consexvation areas for the conservation of water, ?
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soil, open space, forest or wildZife resources.
(3) Steeply sloping lands: The following uses are generall� compatible with #'
the purposes o€ this Ghagter in minimizing human injury and property damages, en-
hancing the environmental quality of the City, controlling erasion, anct siltation,
preserving water quality and quanti.ty, and protecting natural vegetation and
Wbia1;.��: �
a% i+�w�-iFti.eitSi�y LCLLEdLtVl1S1 u3cS SuC i cS vi�:.j�cie dna peae�Cri�n �aL'C1S.
b) Lax�dscaping or gardens which p�ovide substantial vegetative cover.
� c) Publ.ic and private conservation areas for water, soil, open spaae,
forest or wildlife resources.
1�.57.040 F'rohibited uses and activities. The following uses and activities are
j
prahibited except those allowed by special permit granted by Che Planning Commission � '
based on findings as by Section 1$057>06Q proaided; or as otherraise �ermitted by ;
�
Sectian 18.57.30;
A. Within floodplains, drainageways, wetlands, steeply sloping lands:
f
1. Filling `
2. Off street parking and maneuvering areas, access�rays and s�rvice drives
located on the ground surfacee
3. Roadways, bzidges or u�ility str.uctures designed to nat signifi.cantly
impede the flow af floodwaters.
4. Dumping of garba�e, r.ubbish, debris, junk, or any other solid waste; �
5. Excavating;
6. Removing any live vegetation other �han poison nak, tansy ragwort,
blackberry or any other noxiaus vegetation.
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�` 7. Subsurface sewerage disposal septic tanks and drain fields.
�:. �
B. Within f2aodplaxn:
1. Any temporary structure which by its nature cannot be readi.ly removed
from the floodplain area during periods of flooding and which would significantly
impede or interfere wifih rhe flow of floadwaters within the distri.ct;
2. Any change in the topography or terrain which would have a subs�antial
tendency to change the flow of waters during fTooding periods or which. would increase the
flood hazard or alter the direction or velocity of the floodwater flow;
I8.57.050 Noncanfarmin� uses. Any pre-existing condition or structure within
the(floodplain} sensitive lands district is subject to the provisions of Chapter
18.68 0� this Code.
18.57.Ofi0 5pecial permits or excePtions. In accordance with the procedures and
requirements set forth in Chapter 18.84 of �t►is Code, an application for a specia�
� '�`' ,
� use permit filed as by said chapter stated may be approved or denied by the Planaing
Comffiission following a public hearing.
All applications for a "Special Use Perma.t°t shall be supported b�t the follc�win$
� information to enable the Planning Commission to adequately determine whether the
proposed use is located in the floodplain or drainageways district aitd i.f so, whether
the proposal, xfapproved, will. conforn L-a the purposes and guidelines as set forth in
this chapter;
A. Flflo��l�in:
• 1) Plax►s drawn to scale, submitted in triplicate as prepared by a registered
professional engineer with experience in hydxaulic and hydrologic principles and
processes showing the nature, location, dimensions, elevata.ans and topography o.E the
site; the location of existing and proposed structures located upon the site, exista.ng
� and proposed fiLl areas, and the relationship of these to the location of the stream
channel and proposed methods for controlling erosion.
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2) Any documentation, photographs, water marks, and similar evidence off�red in 4
�„�
support of the claim that the site or area in questinn lies above high water as I
defi�ned by the regulatozy flood;
3) If it is determined by the Planning Commission that the proposed use is
within tihe flaadplain district as herein defi,ned, the applicant sha11 fuxnish such
further information, data and evidence as may be reasonably available to suppart the
granting of the permit in accordance with the following guidelines, in the a,bsence
of whic:h �uid petitioi� shall be denied by the Planning Commission:
a) Proposed improvements will not change the flow of flaodwaters during future
flooding such as to cause a compounding of flood hazards and to thereby seriously
interfere with the intent and purposes of the floodplain district regulations.
b) No structure, fi.11, storage or ather uses sha11 be permitted which
would raduce the capa�ity of the floodp�ain area or raise the flood suzface elevation
on adjacent properties, or create a present or foreseeable hazard to pnblic h�alth, „_
safety and genezal welfare.
'Phe Cit�� sha�,l r�serve the right to retain a registered professional engineer
i .
. with experience in hydraulic principles and processes for the purpose of reviewin�
evi.dence submitted in support of any application for a Special Use Permit.
B. Drainagzwaqs and wetlands
1. Plans drawn to scale, submitted in triplicate as prepared by a quslified
l-pv�Gtcr�,7 tn,r��e�JlOiicl� engineer S�10G7Zilo tY12 TI1CllTE� location, din.ensions, cicvations
and topography of the si�e; the location of existing and proposed structures located
ugon the site, existing and proposed fil.l or excavated areas, and the relationship of
these to the location of the stream channel (if any), and proposed methods of control—
ling erosion;
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2. Affirmative documentation tlxat the proposed action will not adversely I
�i,, impact rtmoff, erosion, ground stabilitg, water quality, g�round water level, or
,
flooding and that the site can support the proposed modification or structure, as �
designed, without damage: '
3. A copy of the permit requi.red by the State of Oregon, undex 0 R S
541, for removal or �ill.ing af waterways, c►r positive evidenca demonsCxating that
the provisions of this statute do not apply; •
C. Steep slopes_
1. Plans drawx� to scale, submitted in triplicate as prepared by a quali�ied
registered prafessional engi.neer showi.ng the nature, location, dimensions, eievations,
and topography of the site; the Iocatio.n of existing and proposed structures ].ocated
ugon the site, existing and proposed fill or excavated areas, and proposed methocls
of controZl�ng er.osion;
, f 2. Affirmative documentation th�t the pr.oposed action will not adveraely
�' im act runoff erosion round stabilit water uali.t round water Ievel or
P � 9 g �'� 9 Ys g s
flooding and that the site can suppo�t th� prnposed modification or structure, as
! designed, withouC damage.
18.57.070 Requirements for permitted structures. Any structure or additions to
existing structures permitted within the (floodplain) sensitive lands pursuant
Sections 18.56.030, 18.56.050 or 1,8.56.Q6� shall comply with the �all.owing requirements.
1. Permitted structures, such as electrical and service equipment, stc.,
sha?.1 be constructed afi or above the re.gulatory flood protection eleva�ion.
Utiltiy openings shall be sealed and locked; this does not prec�lude the installation of-
µnderground utilzties.
1$.57.075 Treatment of created hardships. A11 developments which include portions
of the floodplai.n or drainage basin will be conditioned to dedicate appropriate lands to
�� the City if and when development takes place. This will create certain .hardships.
� _ _. ......w . „ �_,. �.,_.,
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It wilY he the policy oF this City to allow increased �ensity on buildable p�rtions
';� _,
of effected lands a.n exchange �ar publa.c dedicatians, or other applicable allowances as
determined by either the Planning Commissicn or the City Ccuncil. Addit�.onal allowances
shall mean, but shall not be limited to additional parking, increased building coverage
on the buildable land portion, increased height, etc. .
When an application for development of property, any portion of which is in a
flnodplain, greenway steeply sloping lands, ox wetland is received by the Planning
Department the following action sha12 be takene
1. Staff will cletermine thp buildable land portion of the totial property
involved which does not lie within the floodplain, greenway, steeply s7.oping Iands,
drainageway or wetlan.d in the proposed dev�lopment.
2. The maximum building density for the buildable �.ands portion allowed in
the underlying zone will be determined for the buildable land area.
��
� 3. A 10% increase in allowed density for the buildable land portion will be
_
considered if the proposal is designated a Planned Unit Devel.opment. I
� 4. An additi�nal 10� i�crease will be considered above the maximum a1lGwable I�
density of the underlying zone for that portion of the buildable land as determined
by staft', provided that the number of unifis may not exceed the maximum number per-
mitted for the en�ire parcel.
5. In other than residential develapment a�llowances sha11 be considered by
the Planning Coimnission if the proposal is a Planned Unit Development. Additional
allowances to consider are greater land coverage for commercial buildings, additional
building height, or increase parking spaces. '
18.57.080 Appeal to City Council. An appeal. of any decision by the Planrting
Commission may be f11ed with the City Recorder for heari.ng by the City Council as
Frovided by Chapter 18.92..
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r1?P;,ZC�TI��j FFE REC�U. '
—..�".__` R�C E Z P T r__,___,.._. �'�
"` ��c� Planning Cornmission 639-4171 �
ard, Oregon 97223 DAT� FEC ' D. >,�
;�20 �.4v. Nlain St . , Z'ig BY � �
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PLEASE PRIV�' IN INF: QR TXPE _ ;
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Aeti.an Ftequestpa._...Y � i
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�;pplicar.L` s N�m� � �
I. nnn��;cant' s Ad�.rpss , (Cit�) (State) (Z�p) �
--�� (Str�eLi ;.
Phone .
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O�dn�r ' s Iuame '�
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Owner' s Rdci.ress City S�ate �Z�,.�~^� i;
Street) �
COriuraCt PI;tY"Chd�t?C1.
Developer Agent �_ �
?�;�pz�.�a:�t i�: Ow:�eL______ . . � a '
C3ther 'y
Gwner �°�'ognition a:� ApPlication: � . ?;
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signature of o4mer (s) .��I
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�erson responsible for. application �!
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� � (City) tSdate) (Zip) t;
(Stre�t) � ' � �
Phone
Regis te red Erigineer' s 1�1ame � . ' � j
- Phone
Registerec: Engineer' s Office •
�;,�4�;,�;:�x�� Engin�er ' s A�dr�ss �Street) (City) (S�at�) {Zip)
PRO�'EitTY TNVOLVED:
Tax Map n Tax Lat (s)
Area (acres)
Address
E ��tinc� Buildings ( n a�d typ� ) .
�' CurrEnt Use
` Current Zoning p�p�icant' s
�p��licsnt ' s • Proposed Use -
;, prbpo�ed Zoning .
OVE R � _---., . .. ._.. .
,.:
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. �PE'C�-AL USE PERM:LT- � . �
-- �l,.� j:
�l.l� Ty�7P_ O� �11)..:
Cubic yards o� fill :
�rea o� sitE �o be occupied by fill.: sq. ft.
(Sq.F't. (Fill) /Sq.Ft. (Site)) x 1.00 = � oP •site �o b�
�a.l�.�d.
. Uista:�ce of fill from s�ream' s edge: Horizantal Di.stance �t.
' Vertical Drop: ��,.
Typ� af bank to be install.ed:
IVet change in storage capacity of floodp]_ain resul�in�� �ro� fi11
� CU.Ft.
Will the f.ill increase �he flood crest ar modif�r tne �low of flooclt,rat�rs?
Xes r7o If so , what will the qua�.titativ�
. ;
j
�ffects ,be? (Attach a shzet for explana�ion) . .� ,�
5tru�t�u.rES Existing 5tructure (s) in floodpiain :
_ ___-_�_�___r___ �9
Height Ft. Piidth Ft4 f
i
D.i.stance fror� stream' s edge: Horizontal L�istance Ft, 3
• Verca.cal Drop Ft. � '
i
Proposed structure (s) in floodplain � . �
Height Ft. Width Ft. �
— i
i
Distance from strearn' s edge� Horizontal Distance E�„ ;
V�rLica�. �irop k��.
Distan�� betwEen existing and proposed structure (nearest Point)
Ft. ` .. . ,
Will. the structure increase the F1aod crest or mvdify th� f].o=a �
of fl.00d cvaters�' Yes No If so, what will the
quantitative ef:�ects be? (Attach a sheet for explana�ion) .
6�Ii11 �he praposed st.ructure be designed to withstand the destruc '�v�
ef£ects raf a flood without siqnificant damage? (At�tach a sheet �.�
explai.n spzcifics) .
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�' SP.EC TAL i�SE PERMIT "
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Storay� tivhat type of mat�rials are co be Stored?
"
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Volume/quar.tity o� m�terial (s) �;
�� � � � � �."
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Distance of s�arage from stream's ed�e: Hc�rizontal �� ��, ! .
Vertical Drop ��., ,'�
-------� �,
D�stance o� starage fram near�st building F�, r;
� 7::
�
4+7i11 �he material be anchoa-ed to prevent movement in the even'f"of a {,
Flaod? Yes How? No Why Not? t
(Attach a sheet for expl,an.ation� �,,
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Typ� of screening far s�to-rage [-
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DRAFT ORDINANCE REVISTONS FOR
SU�DIVTSICDNS,
MAJOR & MINOR LAND P.ARTITIONS,
PLANNED DEVELOPMENTS,
P,NL� �THFRS .
AN EVALUATION OF TIGAI2D'S PERMIT PROCESS
�
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I
Prepared By: Amy Svoboda, Consultant
For: City of Tigard Plann�.ng
Commission and PZanni:ng
De�artment
Date: January 31, 1979
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�ABLE OF CONTENTS ' , ��� �
���`
Fage
Introductiono . . . o . . e o o . . . . . . . . . . . . . . . . �,
Acknowledgements. . . . . . . . . . . . . . . . . . . . . . . . 2
4
Draft Land Partition Ordinanee . . . . . . . . . . . . . . . . 3_22 �'
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Miscellaneaus Chang�s . . . . . . . . . . . ., . . . . . . . . . 23 I
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Design R�view a � . . e . . . . . . . . e . . . . . . . . . 23 f:�
, �'
. . Zoning Ordinance . . . . . . . . . . . . . . . . . . . . . . 23 ��
�,
P3.ann�d Development. . . > e , e . o . . . . . m . . . . . . 23
. ' ��
�,
�valuation of the Permit Sys�em . . . . . . . . . . . . . . e . 24 �
' • A Revi�w af Other Systems. . . . . . . . . . . . . . . . . . 24 26 t
�
Gnod Points . • . . • . • . . . . . . . o o . . . . . . . . 27
SZow Down Points • . • . . • • • . • • - . . • . a . . . � . 27_Zg
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What to do to Improve. . . . . . . . . . • • • . • . • • � . 28 �
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INTRODUCTION
� The objectives of my work were originally five:
I. Review the Subdivision and Minor Laiad Partition Ordinances.
A. Revise t�e contradictions in the cade.
B. Streamline and makE more expliait the requirements
and what the "real procedure is to bP".
C. Draft amendments (in cooperation with the City
Attorney) .
D. Evaluate the notice and comment systems and incorpos;ate
a forznalized system into the subdivisioni ordinance as
an amendment.
II. Review the Planned Development Ordinance.
' A,. Revise to make more explicit the requirements.
B. Attempt to develop a system Af grocedures that
closelx parallels the subdivision pracedure
(e.g. terminology, review steps, etc.) .
C. Draft amendments.
III. Review Conditional Use Permit Categories and Outrigh�. Use
Permit Categories. •
IV. Study the Feasibility of the Establishment of a One Stop
��` � Pe nnit System in Tigard.
�.
A. How do they work?
B. What is rec�uired �o set them up?
C. What is a madel system?
V� l�efine the I.i.nkages Between the Above Procedures with the
Design Review System.
The spacial aim of the revision of the subdivision, major, and minor
land partitioning ordinance was to make it definitive and easily v.nder-
standable for the property owner and developer. Much attention was given
. to the organization and clarity af sections. Some sections were added
that the Planning Commission and Department will fznd useful in particu].ar
circ.umstances� such as resubdivsion o� land, vaeation o£ p1�.ts, and review
of o1d plats. Sections that conflicted with or rep�ate� other sectians �
wexe eliminated or correctec�. Necessary pracadures that the Planning ',
Department wexe already following, auch as public notice and agency
involvement, were made specific in the revisions. Changes suggested by ' '
John Hagman, �he City Engineer, were incorporated in these revisions.
The first several pages are inc7.uded as example of format.
'I'he changes in. the Planned Development Ordinance make clear what
development standards will be use8.
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F1ork on the Conditional Use Pexmit Categories was superseded by the
p'reparatian of a legal mema on the legality of the NPO 4 con�ersion unit
procedures. The memo was requested by the past Planning Director"and the ��
memo was presented to the Flanning Director anc� the City Attorney. ��
The feasibili�ty study for the one-•st�p ,permit sy�tem in Tigard beclan •
with several i.nterviews with staff inembers from planning and buildxng
permit departments arnund the Willamette valley and a survey of the literature
on permit systems. This information provi.ded a basis on which an evaluatian
, af Tigard's system could take place. The resu].ts of the evaluation are ,
concisely lzsted under three overlapping categories; the good points of
Tigard's present system, the slow down point of the system, and what Tigard
can do, in-house� to improve i.ts permit process. A diagram completes the ,
picture of Tigard's �ermit pro�ess. This diagram will. also explain the
linkages between design review and other permits.
,mhF; m;scellaneous seation includes changes the planning staft '
wou�.d`like to see i.n �.he zoning ordinance and d�sign review ordinance.
They ar.e not meant to be Gomprehensive, but are iacluded for consideration
. in this report for Planninq Conrmission's convenience.
ACKNOWLEDGMEN�'S
This report owes a tremendous acknowledgment to members of the planning,.
building and, engineering staff �'or their generous help and coaperatioz�.
Gary Ross of the City af Portland, Eric Davenport af the Permit �,;�;'
Application Center of Salem, and Jim. Keller of Protective Services of
Gresham, also provided a good deal of assiatance in the early part of t�l�is
study.
City Att�rr�ey, Joe Bailey helped me make sure it was all legal;
; Joe Greulich of the F'ire District an� The Chaznber of Co�unerce also
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contributed.
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� LAND PARTITION ORDINANCE
Title 17
�. �
1. Title $. Ge�eral Standards I
Streets I�I
2. Purpose 131ocks i
Lots
3. Intent Public Use Areas
4. Definitions 9. T�rovements
5. General Provisions 10. Variances
6. Subdivision & 11. Fees
Ma�or Land Partition
Preliminary Plat Procedures 12. Enforcement
Information Requred
Final Plat Procedures 13. Resubdivision
Information Required
14. Vacation�
7, Minnr Land Partitions �
Procedures
Information Required
� T.ITLE
;I' � .
17.01.100 Short title. The ordinance codified in this titl.e sha11 be known
' as tihe "City of Tigard Land Partition Ordinance," and may be
eited as such.
I ' PURPOSE
17.02.100 This title is adopted for the following purposes: To further the
orcierly use of land and layout of stree�s, to carr� aut the com�
prehensi.ve plan of the city, and to promote the public health, safety
and general welfare, lessen congestion in the streets, secure
safety from fire, flood, pollution and ott�er dangexs, provide
adequate light and air, prevent overcrowding ot land, and
facil•ilate adequate provisian for transportation, water supply,
sewage, drainage, pres.ervation of open space, and to provide
standards of design and procedures for subdividing and partitianing
land.
Means changed words
� . . . . Continued as the same
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INTENT
17.d3.].00 Intent. It is intended that the Land Partitioning Ordinance shall �`���X'
supplemenC and facilitate the regulations of the state xegarding
subdivision and public improvements and the provisians of all
other city ordinances, including the zoning ordinance, the street �,
and sidewalk ordinance, and building and housing codes. ' '
DEF�NITIONS I
17.04.010 Building line. 17.04.090 Plat and map. �
17.04.020 Capital Improvement Program. 17.04.100 Right-of-way.
17.04.030 Community Services and I7.04.110�. Roadway.
TransporCatior� Plan. b7,04.120 Sidewalk. �
17.04.040 Comprehensive Plan. 17.04.130 Streets or roads.
Z7.04.050 Easement. 17.04.140 Street plug.
17.Q4.Q60 Lot. 17.04.150 Subdivide land. �
17.Q4.070 Partition. 17.04.160 Subdivision.
17.04.080 Pedestrian way. .
17.04.010 Btxildin�line. "Building line" means a line on a �1at indicating
the 1?.mit beynnd which buildings or structures may not be erected.
�.
17.04.020 Capital Improvement Program. A schedule of all future projects
requiring public funds listed in order of construction pri,ority ;� ;
together with cost estimates and anticipated means of financing
each paoject.
17.04.030 Community Services and Transpartation Plan. A component of the
' compx°ehensive plan d�ala,ng with policies far transportation and
community facilities.
17.04.040 Comprehensive Plan. The official public document adopted by the city
as a policy guide to decisians about the physical development of
the cou�munity.
17.04.050 Easement. "Easement" means a grant . . .
].7.O�A.06Q Loi.. A recorded tract, plot or portion of contiguous land in the
. sauie ownershi,p.
(a) Corner 1ot. A lot that abuts the intersection of two or .
more streets.
(b} Double f�'onta�lot. A lot that has frontage on two para11e1 �
or approxomately parallel streets other than the alleys.
�7.04.070 Partition. (a) . . . (b) . . . (c) . . . (d) "Partition land"
means to divide an area or tract of land into two or three Lots
within a calendar year when such area or tract of land exists as a
unit or contiguous units of land under sing].e ownershi.p at the
beginning of such year. "Partition land" does not include divisions
of Land resulting from lien foreclosures, di.visions o:E land result--
ing from the creation of cemetery lots and divis�ns of land made
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pursuant to a court order, including but not limited to court orders
in proceedings involving testate or ,intestate succession, and
�� "partitian land" does not include any adjustment of a lot line by
the relocation of a common boundary where an additional lot is a�ot
creafe�i and where the existiing 1ot reduced in size by the adjust-
ment is not reduced belora the mini.mum 1ot size established by
any applfcable zoni,ng ordinance. ,
17.04.080 Pe�destrian way. `.'Pesestrian way" . . .
17.04.090 P1at and map. . . .
17.04.100 Right-of-way. . . .
17.04.110 Roadway. . . . '
17.04.120 Sidewalk. . . . '
17.04.130. Streets or roads. . e .
i�.o4.i4o Street plug. o . .
17.04.150 Subdivide land.. . .
17.04.160 Subdivision. o . .
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�=� GENERAL PROVISIONS
. 17.45.010 Adoption of state statutese
17.05.020 Amendments.
' 17.05.030 Frovisions for subdit•iding and partitioning land.
� 17005.040 Plat ana �map appraval delegated; reserved.
17.05.050 Planning Director approval required before recoxdzng
I7.05.060 Conformity with regulations required before permits gxanted.
1?.05.070 Appeal
17.05.080 Negotiations and sales.
17.05.090 Temporary sales o.ffice and modei houses.
17.05.07�0 Adoption of state statutes. . . .
17.05.020 Amendmentso . . �
17.05.030 Provisions for subdividing and partitioning land. No person ma}r
subdlvide land or partition land except in accordance with
ORS 92.010 ta 92.100 to 92.160 and the provisions of this title.
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17.05.04Q Plat anc3 map ap�roval delegated; reservea. The C�ty Council ,
. delegates its power and duties with respect to approval or denial i
af preliminary and final subdivisions and maps of major'and ;.
minor partitions to Che Planning Director. The City Cauncil �':
reserves unta itself the right to exercise equal powers and �� k;
duties in any given case, at its optiion. ' - �`'-•''
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Y7.05.05Q Planning Director apJ`roval required before recording. Approval ;
by the Plannin� Director of aubdiva.sions and maaor and minor `�
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partitions of land insid� the boundaries of the city is required
in accordance with this title before a plat for any such sub-
divisi�n or a map with respect to a major or minor paztition may
iae filed or recosded in the county recording office. The City
Council reserves unto itself the right to exercise equa�l powers and
duties in any given case, at its optian.
17.05.060 Cor.formity with zegulations required before other germits granted.
No building permit or certificate of occupancy shall be issued for .
any parcel ar 1ot which was created by subdi.vision or partiLiuFd '
if not in conformity with the provisions af these subdivision
regulations and no excavation of land or construction of any public
or private improvement shall take place or be commenced except in
conformi.ty with these regul.ations. �:
17.05.f�70 Appeal grocedures.
(a) Any pexson aggrieved by a decision of the Planning Director in `
approving or disappraving a�.y subdivision or major or minor '
partitzon proposal may appeal such decision to ths Planning Com- ,::
mission by notice seraed upon and filed with the Gity Rec�rder. •��
The notice of a.ppeal must be filed within ten t10) days after the �:�
da�e of �uch actinn by the Planning Direetor from wl�ich the appeal E�: '
is taken in the ca�e of a minor land par.titinn and within thirt}► �s
(30) days in the case of a s�xbdivision or majox ].and partition. �i
�b) Any person aggi:ived by a decision of the Planning Comm.ission i`
in approving or disapprav�tng any subdivision or major or minor !-.
partition pr�posal ffiay appeal such decision to the Ci�y Recorder ;
for City Council action within twen�y (20) days after the date of �
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such actioxa o€ the P�.anning Gommission from which the agpeal. is ;;;
to be ta�Cen e j;
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17.05.080 Prerec�uisites fox negotiation and sale. �
(a� No person ahall negotiate to sell any lot in a subdivision `
until a preliminary plat has been approved. i,;
(b) No person sha11 se�.1 any lot in any subdivision until s:'
(1) Tne fi.nal plat has been ap•pro�red in accordan.ce with the 1=.
provisions of these regulations, and �;
(2) The final pla.t has tseen recorded by the county clerk. � i;
(�) No person shal�. dispose of, transfer, sell, offer, or , jj
negotia�e to sell any int in any subdivision by �eference ' �
to or exhibition o� other use of a p1aC of sueh subdivision i
,
be�ore the plat €ox such subdivision has been so recorded.
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17.05,a90 Temporary Sales �ffice . . .
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SUBDIVISION & MAJ'OR LAND PARTITTON �
17.06.010 Overview
17.a6.015 Contents of the preliminary plat
17.06.020 Supplemental materiaZ ,
17.06.025 Scale
17.Ob.030 Procedures for Preliminary Plat for review and approval
17�06.035 Pre--filing con�erence
17s06.040 Suhmission •
• i7_nK,n�s N�ta�ication of af£ected agencies 3LLC3 d�narfimgrl��
17.06.050 Agency and deparrment review
17.06.055 Public notice and comment
17.06.060 De�ision
17.06.065 Criteria of approval
17.06.070 Contents of the final plat '.
17.06.075 Supplemental information required
17.06.080 Procedures for review and approval of final plat
17.06.085 Time limit
17.06.090 Phase clevelopment for subdivision
17.06.095 Re-approval. after expiration
k �' 17.06.100 Final plat �ubmitted
�:. 17.06.105 Review and approval
17.06.110 Counz}r su�rvey�r approval
17.06.115 Griteria foz approval
17006.120 Impr�vement agreement
17.06.125 Bond, cash deposit
17.06.130 Fi1.a.ng required
ia.06.O1p Over.view Application for a subdivision or majox partition has
two main steps: The preli.minary plat and the final plat. The II
preliminary plat must be a.pproved befo�e �he final p�.at ap- ,
glicatioYi can be accepted� Approval of the preliminary plat i
shall not canstitute final acceptance of the pla� of the prappsed
subdivisian or the map of the proposed major partition for re- '
cordin�. Once the preliminary plat is ap�roved, the city �vi11 '�
require only those changes on the plat that are necessary to �
show compliance with, the conditions of approval.
, Pre�.iminary Plat
17.06.015 Contents of the preliminarv Alat. The following general in-
formatian shall be shown on the preliminary plat:
(a) Appropriate identification . . .
� (b) Proposed name . . . ,
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(c) T1ate, northpoin.t . . • ��'
(d) Location of the subdivision . . . '�
(e) Names, addresses and phone numbe'rs of the owners, the sub- ���; ;
a�v�a�=, and engineer and/or surveyor• }',
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{f) The location, widths and names . . . {i
(g) Coaitotir lines . • � '�
(h;) The 1oca�ian of at . . . �:�
{i) Location and . •
(j) Natural features - • • j;;
(k) Existing uses . . . ?',
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(1) Proposed streets . • ti�
(u�) Proposed easemenfi.s . . . �
(n) proposed lots . . . (
(o) Proposed sites . • � 'i
t.
17.06.020 Supplemental matezial. Any of the following information may be � , �
required by the Planning Commission and if it cannot be shown �
practicably on the preliminary plat, it shall be submitted on `
separate sheets accompanying t1�e preliminary pl.at: ;
(aa) A vicinity map showing all e�isting subdivision, streets
and unsubdi.vided land ownerships adjacent to th� proposeel
subdivisions, �nd showing how propo�ad streets may be
extended to connect to existing streets. The vicinity
map shall be ar a scale of ane anch equals four hundred
feet and sha7.1 show a11 lan�is within a radi.us o� one-half
mile frc�m the proposed subdi�'ision. The vicinity �ap
sha11 show the praposed st�eets wi.thin the proposed sub-
` division and their connection with ad3acent streets plus established��-'
zoning on and adja�cent to the tract.
(bb) Approxim�te centerline profile� sh�wing the finished
gxade of all streets as approved by the city engineer,
incl.uding extension� for a reasanable da.s�anc.e beyond the
limits of the pzoposed subdivision.
(cc) Approximate plan and profiles of proposed sanitary and
� storm sewers o.*ith grades and pipe sizes indicated and
plan of the pzoposed water distribution system showing pipe
sizes and the lacation of valves and fire hydrants. Also
the location in the adjacent sicreets and prope'rty of existing
sewers, water drains, culverts, and drain pipes, electric
conduits or lin.es proposed to be used on rhe property to be
subdivided and invert elevations of sewers a� point of
�xoposal. connection.
(dd� Where the plat to be subdivided contains onl.y part of the
tract owned or controlled by the subdividez, the Planning
Commission sha11 require a plan of a tentative layout for �
streets in �he unsubdivided poztion.
(ee) If sgecial buileling setback lines are to be establish��i in
the subdi.vision, they sha11 be shown on the subdivision
plat or included in the deed restrictions.
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17.06.025 Scale. The preliminary plat sha11 be drawn on a sheet eighteen
�y twenty�four inches in size or a multiple thereof at a� scale
� of one inch equals one hundred feet or, for areas over one
" hundred acres, one inch equals two hundred feet.
17.06.030 Procedures for Preliminary Plat for Review and approval, Re�iew
and approv�l of a prelimxnary plat shall be in aceordance wifih
the provisions of 17.06.010 through 17.06.07�.
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17.06.035 Pre-filing conference. Prior to the submission of the prelzminary I�
—
plat the applicant shall make an appointmen� with the Planni.ng
Director for a pre-filing confexence. This conference wi11 pra-
vide an exchan.ge of information regarding �he procedure, the
applicable Comprehensive Plan, zonin:g, and development require-
ments, and technical and design assistance to aid the
applicant in preparation of a preliminary glat.
17.06.040 Submission. The applicant shall submit 10 copies of the pre-
limi�nary plat to the Planning Department, and pay the filing fee
as prescribed in 17.500010.
Z7.06.045 Notif�.cation of Af.fected Agencies and Departments. The Planni.ng "
' Secretary sha11 immediately send out reviera sheets and copies
of the preliminary plat to the affected agencies and city
departments� These include �he City Pub�ic Works Department
City Bui,lding Department
' Beaverton Schools and/or
� �°` , Tigard School Disrrict
��� Tualatin Fire District
City P�lice Department
Oregon Department of Transportaeion
Washington County Public Works
Department - �ermit Section
Other agencies including Tri-Met wilY be sent plans when appropxiate.
17.06.050 A�ency and Department Review. The Pla.nning Director shall, co-
ordinate ehe agency and department review of the Preliminary Plat.
Meetings will be held during whic� the agency .
and department representatives will present and discuss their
concerns about upGoming preliminary plats. The applicants may
� attend to answer questions.
The Planning Departmen� wi11 compile the comments from the agencies and depart-
ments and preparQ the planning staff report. A copy will l�e sent
to the applicant.
17.06.055 Public Notice and Co�ent. Public notice shall be given and the
reports and comments sha11 �e available for public perusal and
written comments For 14 days prior to the decisian of the Planning
Director. Public notice shall be given by all of the following
methods: '
� (a) By publicati.on in a newspaper o£ genera]. circulatian in the
City of Tigard.
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(b) By maiY to all owners of property, as sh�wn by the tax recor3s
ot Washingtan County Assessors office, witfiin 300 feet, in- '�"
cluding streets of the property for which the plat was sub- �.y�
mitted.
(c) By mail to the president of the Neighborhood Planning
Organizations in the affectecl area. 7.'he Planning Director
sha11 take the comments of the public into consideration
when making a deeision.
17.06.060 Deci.sian. The decision of the Planning Director giving approval,
including any mociifications, or disapproval, shall be in writing,
and sha21 state the reasons for' the decision within 60 days of
the submi�taY of the applicati.on. The action s�all be noted on
two ccapies af the p1at, ane copy returned �o the applicant and
one retained by the Planning Department.
17.06.065 Criteria of approval. In deciding whether a subdivision or major
partitzon should be approved the Planning Director shall weigh how
well the subdivi.sion or major p�rtition will fu1fi11 the purposes of
this ordinance. No preliminary plat for proposed subdivision and no
map or major partition shall be approved un�.ess the Planning Director ,
finds:
(a) Streets and �oads ...
(b) Streets and roads ...
(c) ,The preliminary plat complies with the comprehensive plan, in-
an and the cowmunit
I cludin the ca ital im rovement 1 y ,
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facilities aad transpor�ation plan, the applicable zoning �,.;�;;;:
regulations, and �he xegulations witt►in this ti,tle.
Final Plat �I
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Chapter 17.20 shall be amended as follows: II
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17.06.070 Contents of the. final plat: In addition to that in�orm�tion required i
in the prel.imin.ary plat, the following information sha11 be shown on �
the final. p1aC ... �
17.06.�?5 Su�PleiuezfCal infa�mation r.eguired . . . �
17.06.080~° Procedures for Review and A�roval of Fina1 Plat. Review and approval
o£ a final plat shall be in accordance with the pxovisians of
17.06.085 through 17.06.115. t
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17.06.085 Time limit. The fitial subdi.vision plat or fina2 partition map ',�
shall be delivered L-o the Planning Director far approval within �I
one year following the appzoval. of the preliminary p1.at and shall �'',
�' incorporate any modification. or conditiori required by approval. ;',
of the tentative plan. The Planning Director may, upon written ';
request by the applicant, and payment of the required fee, grant an
ex�ension of the approval. period,. not �o exceed six months, upon I'�
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a written finding that the facts upon which the approval was based
have not changed ro an extenC sufficient to warrant refiling of the '!
preliminary plat. fl
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17.06.090 Phased development for subdivision. When an applicant desires ta R�!
record and deve�.op subdivision plats cover�r�g portions ot an approved
preliminar� plan in stages, the approval authoxity may authorize � 'I'i
a C.ime schedule for platting the various stages iz� periods af time �
in excess of one year, but in no case sha11 the total time period .
£or platting of all stages be greater than five years wit'hout � �
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re-filing of the preliminary plat.
F,
� 17.06.095 Re-approval after �xpiration. After the expiration of the approval
period and �ny extension, if any, a preliminary plat shall be
xe-filed and considered as a new applicatione •
17.06.100 Final Plat submitted. The original. drawing, the cloth, five prints
of the .final plat, and the required information sha1l be submitted �
in the farm requi.red by these regulations and state laws, including
O.R.S. 92.050 through �.R.S. 92.120 for plats of recosd.
�_ 17.060105 Review and Approval. �he Ci.tq Building Official, Planning Director,
and Enginaer shall determine whether the final plat is in full
conformanc.e with the approved prelim.inary plat an.d this ordin.ance.
If it is �ieCezmined that there zs a non-conformity, the planner
shall advise the applicant and al.low an oppoxturci,ty to malce cor-
rectionso The applicant must again submit five copies of the �,or- �
rected map or plat. When the plat or map is found to be in con- �'
formance, it qhall be signed and dated by the Planning Director. �'
The actions yhall be reported to the Planning Commission at the f'
next regular meeCing.
17.06.110 County surveyor ap�roval. After signature by the Planning Commission j:
Chairman and � the subdivider sha11 transmit the ' ;�
final plat and suppl.emental information to the county surveyor. �
The P�.anning Director wi11 send a copy of the plat and supplementaZ ��
information t� the County Surveyor. The County Surveyor shall ;;
examine the fznal plat to determine whether there has been compliance � �,
with all provisions of state law and this title. The County Surveyor 4
, may make such chec�cs in the field as he may desire ta verify that i``
the map is sufficiently correct and he may enter the propertq for !;
this purpose. Wtien the County Surveyor finds the documen.ts in ;�
full conformance, and has been paid th� statutory fee for such j;
� service by the subdivider, he sha11 sign his approval in the space ii
provided.
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17.06.115 Criteria for approva:l. No p].at of a proposed subdivision and no ''
map of a proposed major partition sha11 be approved unless: ;!
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(a) The provisions of ].7.z0e00, Contents of Final Plat, and �'�
17.20.030, Supplemental information, required h�ve bFen �!
satisfied. . ��
(b) The plat or map is in substantial conformity with �he pro- �'
visions of the preliminary, plat for the subdivisiom or the
major partition, as appzoved;
(c) The plat or map complies wi.th any applicabYe zoning
ordinances and regulations, and any ordinances or �egulations
or regulations adapted under O.R.S. 92.044 that are then in
effect;
(d) Streets and roads for public use are dedicated without any
reservation or restriction other fihan reversionary rights
upon vacation of any such street or road and easements for
public utilities; ' ' '
(e) Streets and roads held for private use a�sd indicated on. the
preliminary pZat of such subdivision or major �,artition have
been approved by the city;
17.06.120 Tmproveme�.t agreement. Before approval �y the Planning Di,rector 1'
is certified on rhe fina.l plat, the subdivic3er shall execute and
file with the City a comp�.iance agreement t�e[�een himself and the
City Council specifying the peric�d within wha.ch all proposed and/or
required public improvemen�ts and repairs shall be completed, and
providing that if �t�ch work is not completed within the per�iod
specifiedy tkae City m�y complete the same an�. recover the fu7.1 ��
cost and expense there�f from the subdivicAer aYid/or from tl�e sub- �
dividers surety. Such agreement may also provid� for �onstruction '
of impro�remen�� in stages, far extension of time under con.ditions
therein specified, far special specifica�ions, fees, plans and/ox `�
�tt�er condition.s appiicable thereto. `
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17.064,125 �ond� cash d�osit
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(a) . . . 'i
(b) Such assurance of full and faithful performance sha11 be for ;;
a sum of one hundred percent (1.00�) of the C�.ty Engineers `;;
estimated in—place construction cost of a1,1. publi.c improvements,
including relat�d engineerin� and ineidental exp�nses. �a
(c) In the event the subdivider fails to carry out a11 provisions ;j
of the aoreement and/or if the City has unreimbursed costs ;t
ox expenses resulting From such failure, the Ci�y may �aii on ��
the bond or cash deposit for reimbursement(s) .
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17.06.130 Filing recLuired. Aftex approval. as described in 17.20.050, the ' s;'
County Surveyor shall transmit the final plat �.nd tracing to the E`
County AssesSOr arid to the County Health Department and to the �?
County Board af Co�issioners and to the County Clerk for signatures �
of the public officials required by law. Approval of the fi.na� plat �
shall be nul]. and void i.f the plat is not recorded within sixty days �
after the date the last required approving signa,ture has been �
obtained. °
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MTNOR LAND PARTITIOI� •
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�-` 17.07.005 General. Minor Land Partitioning sha11 be in ac:cordance with seetion
17.07.005 through 07.07.0
17007.010 When to Process as a Subdivisionr The proposal must 'be submi�ted
in accordance with ma�or partition and subdi�ision provisions
17.06.010 througt� 1.7.0&.140 if c
(a} More than three lots will. be created, from a tract af land
which existed as a contiguous unit of land under a single
own.er one year prior to the date of applicatian for a
partition of land, ox;
(b) The praposal includes, or the Planning Staff requires, the
dedicatzon of land anct easements for roads or streets.
17.07.015 Submission. T'he applicant shall submit seven (7) copie,s of the
sketch map to the Pl.anning Director ancl pay the fees. If any
� changes or conditons are necessary to process t�e minor land partition
the applieant sha11 incorporate Che required modifi,cations in a
neca sketch mag and resubmit it �o the Planning Direetor.
I7,(�7.02Q Conterts of the sketch map. The �ketch map shall be eight and one
halE by 11 inehes, ar eighteen by twesaty �our inches in size and
it sha3.1 contain the fallowing information:
(a) ' The date, northpaint, . . .
� �T� (b) 7'h.e n�me and add,ress . . .
�a,Y: (c) The approx�mate acreage o . .
(d) Fos l,and adjacent . . .
(e) The location of existing . . .
(f) The lot layout . . e
(g) Approximate topography at the same scale as th$ sketch map.
(h) Location of teniporary states.
(i) Location of existing wooded a�eas and trees eight inches
or more in diameter, measured four feet above the ground level.
17.(�7.025 Notification of affected agencies and. departments. The Planning
Secretary sha11. immediat�ly send out revisw sheets and copies of
the minor land �rartiti.on ta the affected agencies and city depart-
ments. These include the City Public Works Department
, City Buildzng Department
Beaverton Schools and/or
� Tigard School District •
Tualatin Fire District
City Police Department
Oregon Depa�rtmeztt of Transportation
Washington County Public Works Department- .
Permit Seczion
Otlzex agencies including Tri-Met will be sent plans when appropriate.,
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17.07.030 Agencq and departmenfi review. The Planning Director shall co- �'
ordinate the� agency and department review of the minor land par-
tition. �► meeting wi11 be scheduled �wice a month duriztg which � '�
the agency and department representatives will present and discuss `�,.._
issues present�d by such applieation.
The planni.ng staff wi11 compile the comments from the agencies and
departments and prepare the Planning 9taff report. A copy will �
be sent to the applicanto
17.07.035 Public notice and comment. Public natice sha11 be given and ttie
reports and comme�.ts sha11 be available for public perusal and
written comments for 14 days priar to the decision of the -
Planning Director. Publ.ic notice shai�. be gi�ren by all the
fol7.owing methods:
(a) By publicatian in newspager of general circulation in the City
, of Tigard. '
(b) By mail. to dll owners of property, as shown by the tax records
of Washington Gounty Assessors office, within 300 feet, including
streets of the propexty for which the plat was submitted.
(c) By mail �o the president of the Neighborhood Planning Organization
in the a£'fected area.
I7.07.040 Decision. The Planning Diractor sha11 take the eoBnnents of the
public into consideration in his decisi�n. The Planning Director
shall give approval, with modifications,if any, or disapproval
within b0 days of the submitta:L of the application. It sha11 be in
writin�y and state thE xeasons for the approval or denial. The
' ac�i.or� gha11 be noted in two copies of the mon.or l�nd partition, one �;w�
copy returned to the applican.t and one retained by tt•►e Ylanning
Depaxtment. Tf approved, the applicant may now £ile the partition
to the County Recordi.ng Officer.
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GENERAL STANDARDS
� Streets
Al1 item:; formerly in Chapter 28 shall remain the same in content but
shal7. be included in Chapt�r 8. One section shal�. be aaaea. .
17.08.170 Street Crossections. The cr�ssection of streets in a.nches
shail not be less than the minimums shown in. the £oZlowing table.
Type of Street: Sub-base: Leveling Course: Surface:
Commercial and �
Collector 5treets: 8" z" 2"
Local Streets: 6" 2`� 2"
Sub-base and leveling course sha11 be o� select crushed xock.
Surface material shall be of Class "C" or "B" asphaltic concrete. An ad-
ditional one inch (1") Class "C" A.C. overlay sha11 be placed an al�. new
construction roadways within subdivisions prior to City final acceptance
thereof.
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Blocks
. All items fozmerly in Chapter 40 shall rema.in th'� same in content but sha7.1
be included in Chapter 8.
17.08.250 Consideration for dedication.
17.08.260 Tndicated in development plan--Dedication requirements. �
T7�08.270 Not indicated in devel.opment plan--Dedicati.on requiremens� �
17008.280 Acquisiti�n by public agency. �
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17.08.250 Consideration far dedication. Due cansideration shall be given by '
the subdivider to the allocation af suitable areas for schools, �
�arks, and playgrounds to be dedicated for public use. g
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17.Q8.260 Indicated in development plan - Dedicatian requirements. Where �
propased park, playground, other public use shown in a develog-
ment plan adopted by the City is located in whole or a.n part in �
a subdivision, the Planning Commission may require the dedication, �
or reservation of such area within the subdivision. , ;
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17.08.270 I3ot indicated in dev'elopment plan - dedication r�quireffients.
Where considered desirable by the PTanning Commission, and where a °'"' ,
devel.opment plan of the City does not indicate pxopos�ed public use ���
areas, the Planning Commission may require the dedication or
reservation of �reas or sii:es af a character, extent and loca�tian
suitable for the development of parks and other public use.
17.0$.280 Acquisition by public agency. If the subdivider is required to
reserve land area for park, playground, or other public use, such
land sha11 be acquired by the appropriate public agency within
e3.ghteen montk�s following plat approval, at a price agxeed upon
prior to appraval of the plat, or such reservation shall be released
to �he subdivider.
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IMPROVEMENTS �
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17.09.O10 Cash or bond rer�,uired. 17.09.Q50 Pedestria�n and txaffic
17.09.020 Streets. control signs.
17.09.030 Curbs, curb--cuts and dri.veway 1.7.09.1q0 Monuments.
.110 Ins�allation
- rere uisite -�
a roaches. 17.09 P Q
PP
er `t fee.
17.09.D40 Sideraalks. p ml
17.09.050 Sani.tary sewers. 17v09.120 Installation - conformance
17.09.060 Drainage. required. �
Z7.09.070 Undergraund util�ties. 17.0�.130 Plan cheeking req�uired.
17.09.080 Streetlights. 17.09.140 Notiee to city required.
I7.09.150 City inspection required. '.
17.0�.160 Engineers certification i
. required. i
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A1.1 items formerly in Chapter 44 remain the same. w�
17.09.010 Cash or Bo�id required. All iffiprovemen.ts shal.l be installed at the
expense of .the subdivider. A11 improvements installed by the
subdivider sha1X be guaranteed as to workmanship and matexial for
a period af one year following acceptance by the City. Such
guarantee shall be secured by cash deposit or bond in the amount
af twenty percent (20') of the Gzty Engineers estimated in place
cor�struction cost of said improvementis, including related
engineering and ineidental expen,ses the� cash or bond shall comp�.y
with the terms and conditions of Section 17.20.070 pertinant hereroe
17.09.020 Streets. Streets within the subdivision and streets partially !
within the subdivision shall be graded for tfie en.tire right-of-way
width, constructed and surfac:ed in accordance with standards �
specified herein and in Chapter 17.28, as �dopted by the City. :;
Existing streets which abut the subdivisi�n may be graded, �'
widened and improved, reconstructed, surfaced or repaired a,s determined
by the Planning' Gommission with the advice of the City Enginee:-.
17009.030 Curbs, Curb-Cuts and DrivewaX approaches. Cancrete �rertical curbs,
curb cuts and driveway approaches shall be canstructed in a.cc.osda�ace
with stanrlards speci.fied herein and in 15.Q4.080 and 15.04.090, as
adopted by the City. Concrete curbs and driveway approaches shall be
installed in all new subdivisions.
17.09.040 Sidewalks. Concrete sidewalks sha11 be installed along both sides 'LL
of each street constr.ucted in accardance with standards adopted
by the City. Not less than five feet wide in are�s where tha proposed
lots are ten thousand square feet or less in size. Sidewalks may be
located, as determined by the PZanning Commission with the advise of
, �he City Engineer,ezther adjacent ot the property line or adjaeent to
the curb line. Whenever sidewalks are located adjacent to the curb
line, provision for instal2ation of mailbox clusters shail be made at
i,ntervals ther:ealong, �aithaut decreasing the width of the sidewalk
section.
17.09.050 Sanitary Sewers. When the subdivision is within three hundred feet
of an existing public sewer main, publicly owned, operaeed and
ma:i ntained gravit� sanita.r� sewers s�al.1 be i.nstall P�3 to s�r.ve each
Iat in accordance with Unified Sewerage Agency of Washingtori County
rr�les9 regulatians, standards and specifications; the City being an
agent of said regional sewerage authority. Whea the subdivision is
mare than three hundred feet from an existing publ.ic sewer main, the
Planning Commission with the advice of the City Engineer and with the
concurrance of the City Gouncil, may approve alternate sewer disposal ,
systems to Washington County Deparfiment of Public Health standards '
or may r.ecommend creation of an assessment dis�rict to facilitate hook--
ing up to existing sanitary sewers. When a pressure sanitary line ar
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system is proposed to serve the subdivision or any portion thereof, ;'
� it shall be instaZled in accordance with said regional sewerage +j
authori.ty's rules, regulations, standards and specifications pro- �I�
vided that the 1'lanning Commission and the City Council approves such i'�,
instal.lation. �'I
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17.09.06D Drainage . . . !I,
17.09.070 Underground utilities . . . i
17.09.0$0 St�ee�].ights. StreetZighting shall be installed along all public �
right-of--ways within and adjacent to the subdiva.sion in aceordance i
�rith, but not less than, the minimum ilZumination stand.axds ;
recommended by the City Engineer. The first �wo (2) years energy . ;
and maintenance costs thereo£, zncludi.n� a ten percent (10%) inflation
guard, shall be provided by the subdivider. The City may, at its . - �
option, participate in the cast of installation of streetlighting i
along roadways adjacent to the subdivision.
17.09.090 Pedestrian and traffic control signs. The subdivider sha11 provide
and install. pedestrian and traffic control signs in accordance with
staildards and specifications 3dopted by �he City. The Uniform Traff.ic
Control Devices Manual for Streets and High�aays, U.S. Department of
Transportation-Federal Highway Administration, shall be the Ci�y's
minimum standard. 0����er regulatar.y, warning or guide signs may be
required upon recommendation of the City Fngineer. As an alternat.ive
Co subdivider installation, the subdivider may deposit sufficient
� monies with the City to cover the City's cost(s) of purchase and
� installation of the necessary signs.
17.09.100 Monuments . . .
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' 2.7.09.110 Installation - prerequisite - permit �ee. No subdivision i.mp�ovements,
� including sanitary sewers, starm sewers, streets, sidewallts, �urbs,
lighting or other =equirements, sha11 he undertaken except after the
plans therefore have been approved by the City9 all permit fees and
deQosits have been paid, and an improvement agreement, in accord wi�h
� 17.20s060, and bond, in accord with 17.20.070, have been executed
and filed with the City. The. permit fee is required to defray the
cost and expense incurred by the City for public improvement plan
review and inspection service(s) in connection with the subdivision
� impr.ovements to assure that the City's interest therein is provided
for; such fee sha11 be a sum equal Co one and one--half percent of the
estimated cost of such subdiv'ision improvemeiits.
17.09.120 Installation - conformance required... In addition to other require- �
ments, improvetnents installed by the subdivider, either as a require-
� ment of these regulations or at his own ��ption, shall conform ta the
tequirements of this title and to improvement standards and sgecificati.ans
. and practices and procedures adopted by the Citq. The Standard
Specifications for Public works Construction - Oregon Chapter A.P.W.A.,
and ITnified Sewerage Agency Resolution and Order No. 71-9, sha11 be
� a part af the City's adopted installation standard(s) ;other standards
may a1.so be required upon recommendation af the Ca.ty Engineer.
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17.09.130 Plan checking xequired: Wark sha11 nat begin until nine sets of -
c:onstruction,plans and one construction cast �estimate and they are .
checked for adequacq and approved by the City in writing. A17. such
plans shall be prepared in accardance with�requirements of the City. ,��`'
17.09.140 Notice to city re uixed. Work shall not begin unti]. the City has
been notified in advance and if work is disco�.t�.nued for any reason,
it shall not be resumed until the City is n�oti£ied.
17.09.1�0 City inspection required. Improvements shall be constructed under
the iz�spection and to the �atisfaction of the City. The City ffiay
require changes in typical sections and details if unusua! conditions
arising during canstruction warrant such changes in the public
� interest.
17.09.160 En ineers certifiaation re uixed. Subdividers Engineer shall provide
written certification of form s providec� by the Ci.ty to the City
that all improvements, workmanship and anaterials are in accord with
the best engineerimg and construction practices and are of higfi grade,
prior to city acceptance of the subdivisions improvements, or any
portion thereof, for operatlon and mainCenance. '
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VAR7ANGE S .
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�� A1.1 items in variances shall remain the same exce�,t applicatiore foz exception.
' The Chapter No. shall be changed to Chapter 10 and the section approval af
variance in planned development district zoning proposals shall be drapped.
17.10.010 App7.ication for exc�tion. Application for a variance may be
made with respect to a prc�posed subdivisionA proposed major or
minor partitioning, by filing a request for same with the City
Recorder. Such application sha11 be supparted by a full dis- ',
closure of all. meterial facts upon which petitioner proposes xo �
rely izz �eeking such variance, including a copy o:E map or pre-
liminary plat of the proposed �artitioning or subdivision.
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FEES � �
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17.11.010 Filing fee. To partially defray administrative axpenses incurred �
by the Citq in processing land partitions, the fnZlowing fees �
shal.l be p��.id by the developer at the time the application is f
filed: �
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Minor land partition ��
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A. Par�itioning of a residentially zoned land parcel. $ 50.00 �
B. �artitioning oi a parcel of land zoned for muLti-
�� family, commercial or industrial use. $100.00
Major land partition $15Q.00
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Preliminary plat $250.00 �>
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S�reet dedicatian $ 50.00 �;.
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Street vacatiori ��!�'
$ 50.00 + �'?;
degasit �:;j
Varian�e $lOD.00 � %ti
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ENFORCEMENT f
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17.13.010 Violation--Penalties. , . , �.
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RESUBDIVISIdN5 ' (
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17.13.100 Resubdivision of Land� In tihe case of any change in a ma:p of an �„�,. �
approved or recorded subdivision plat, �.f such change affects any
street layout shown on such map, or any area reserved thereon for
public use, or any Zot line, or if it affects any map ar plan
Iegally reached prior to the adoption of any regulations controlling
subdivision, such parcel shall be approved by the same procedure, E
. rulesy and regulations as for a subdivision. ;
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VACATION � �
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17.14.1OQ Vacation of Plats. �
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(a) Any plat or any part of any plat may be vacated by the owner
of the premises at any time before the sale of any lot
therein, by a written instrument9 to which a copy of such �
plat shall be attached, declaring the same to be vacated. ;
(b) Such an instrument shall be approved in lilce manner as plats �
of subdivision. The instrument may be rajected if it abridges
or destroys any public right in any of its public uses, �I
. improvements, streets, or alleys. ��
(c) Such an instrument shall be execu�ed, acknawe�.dged or approved, �I,
, and recorde�i or £iled, in like manner as pla�s of subdivisions; �'
and being dulq recorded or filed shall operate to destroy the
force and effect of the recording o£ the plat so vacatec�, and t,R'
to divest all public rights in the streets„ al�eys, and public �
grounds, and all dedications laid ou� or described in such p1at.
(d) When lots have been so1d, the pTat may be vacated in the
manner herein provided by aZl the owners of lots in such plat �,
joining in the execution of such writing. �.
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MISCEZLANEOUS �
� The Design Review Ordinance shall be amended as follows: !�
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18.59.60 Desipn Review Proceduze. �
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(c) Application for Design Review . . • ,I
As a minimum, the desi�n plan must contain the following: �,
� . 1. Site plan, showing topography, and vicinity map . . .
(d) Standards ared Criteria , �
2. Project Dev'elopment �
(D) It shall reasonably conform to the natural contours �i
of the site, iizcorporating special des�.gns, where !
appropriate, to accommodate unique topographic .
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features;
(E) It shall provide a mini.mum onsite landscape area . . .
In the Planned Development District Ordinance, �
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18.56.050 (c) shall be daleted. '
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18.5G.165 shal]. be added as follows: � !
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18.56.165 Minimum street widths. Street width for public streets will not !
be varied to allow a wid�h less than 30 feet for a public street
�, or 24 feet for a private street.
18.64.010 Shall be changed to:
18.64.010 General Provisi,ons. The following requirements and standards
shall not apply where they conflict with the subdivision ordinance.
(1) . . .
18.64.040 sha11 be amended to read:
18a64.040 Width and location of curb cuts. The curb cut standards sha11 be
in accorda,nce with Title 15.04.080, S�reets and Sidewalks.
In the Zoning Ordinance a groposed change; �I
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A proposed zoning change: That a veteri�arxan office or animal II
hospital be included as a permitted use in the Commercial Prafes-
sional C-P zone. At present it can o�nly be allowed as a Con- I
ditzonal. Use in the Main Stxeet Commercial Zone C-3M, or General
Commercial Znne C-3.
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ONE STOP PERMIT SYSTEM IN TIGARI3: EEASTBILITY STUDY V
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A Review of Other Permit Systems ' �"~�"''
The name "one stop permit system" i� a misnomer for a11 the various
systems az�d procedures that try to streamline the permit process. No- �
where di.d i find a city or county that did, in fact, have a "one-stop
permit system". Faixfax, Uirginia, did try a system zn which the d�weloper
had to make only one stop, but it was discontinued after two yzars because .
the new system took longer than the applicant waving the permit through the
. agencies himself. Tigazd, in fact, is ahead of many municipalities in that
the representative of each processing department is located in one buildin.g.
Fort Worth, Texas, eliminated the stop entirely for many building
o department permits. An applicant just phones i.n the received information -
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and pays with a chazge card. The applica�ion is rauted ta the appropriate
reviewing professional�and the applicant is notified of its approwal or denial
by phone. Baulder, Colorado, instituted, but later discontinued, a "plans
room" wher� all building permit applications were filed, and where each
reviewing department could inspect an applic.ation at its convenience.
I visited, the city offi.ces of Salen►, Portland, and Gresham to gather
permit system ideas. Salem received a $25,00� HUD �rant to streamline its
permit system. Tt established a Permit Application Center that processed all ,
building, traffic, parks, police, fite, and engineering permits. It published .
a permit and license catalog. It consolidated and eliminated applicaGian farms.
. Salem also established a ce�tral f.ili.ng system for permits based on the address
t"�'sa�k
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of the applicant and a revenue accounting system. The results raere impressive: �
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the staff needed to process appYications was cut from about seven to four �
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� , people, and costs were reduced by $2,000 from the previous year despa.te the ';'
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incxease in pezmit applications from 17,U00 to 20,000. The International ��
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City Management Association survey of Salem contractors reported that the �
permit time for building the sewer connections was shortened considerably. �
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The City of Portland has organized its $uilding Department so that the �
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applicant needs to go to only nne counter. The counter person helps khe ap- '
plicant fill out the appropriate form. Almost a11 the permits use the same
form and� if possible, the permit is issued on the �pot. Qtherwise copies of the
plans are simultaneously sent to other divisions �uch as plumbing, tra€fic
or fixe. No processing is done unless the plans check off as conforming to Lhe
zoning ardinance (This is relatively easy for the City of Portland be�ause, unli.ke
• Tigard, there is little undeveloped land requiring exCensive planning review.)
�� Each application is given a number and filed in rolodex. When each division is
finished with its revia4T, it is marked-off on the applicant's file catd.
This allows an applicant to be able to call the filekeeper/receptionist
I, and find out in what stag� of review his application is. The City is
also currently considering cambining the glanning and building depart-
ments under ane council person.
Ic: Gresham, the pl.anning and building departments �r.e in one depart-
ment called "Pro�ective Services". They hold periodic meetings whereby
all upcoming subdivisions, conditicsnal use permits, zoning variances,
etc., are reviewed by a team call�d by the head of protective services.
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The team is made up of representatives of the Planning Staff, Building . ��
Department, Engineering, Fire, Police, and Super_intendants of Schools.
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Applicants are also invited to the meeting to review the permit ap- �"�=�' II
plications. The P2anning Commission appreciates this approach because
they get one comprehensive packet to consider, The developer likes the
system because it can be faster, more open, and he is less apt to get
caught in the cross-fire between two different departments. This is �
easier on staff because it takes less individual coordination. Their I
evaluations can be double checked by others, and they can often present �
a united front to the Planning Commission. Windsor, Connecticut, among '
o�thers, has found this system to be beneficial.
Even though their permit processing is selatively efficien�, the
pressure in Gresham for development is as severe in Tigard. I heard
somebody in their department say "if we are not fast enough for the -
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developers here, maybe they should go back to California where they came
fZ'OBl,to
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The Good Points of Tigard's Permit Processing �
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The process that Tigard uses has several assets that should be ��
�M1recognized. , ��.
* All City permits go through one cashier which enabl.es the City to keep li
close tabs on the revenue. �!
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* The Planning, Building, and Engineezing Aepartments are all in one
building making it easy for refer�al of applicants, and for con- ��
ferences among staff. �i
* Conferences are held with Police, Fire, Engineering, and Planning for .i
Major Partitions, Subdi�isions and Conditional Uses. Agencies and
Departments should recei.v� regalar Planning Commission agendas and/or . �
� notifications of planning items that need their input. The Planning ;,
Depaztment should act as coordinator for a meeting to review the plans
before the Plannin� Coffinissian meets. This system has been spelled- �
out in the proposed subdi.vision revisions and proposed administrative EI
procedures. ;�
Slowdown Points of the Permit System
' The fnllowing slowdown paints describe some aspec�s of Tigard's ''
permit processing that cause delay and explains how the delays can be �
eliminated. �
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� The electrical permit must be obtained fram the state certified
�lectrician in the State Office Building in c3owntown Portland. '
��- The processing of the electrical permit is i.mmediate and inspections !
are usually dane the day they are reque�ted. 2'he only way in which
Tigard could eliminate the referral of electrical permits is to hire
its nwn state certified electriciart. To be certified, the person
must be a general supervisory electrician with two year� of experienceo �_
This is obviously a very expensive person to hire. Very few, if �.
any, of the suburban cities have hired their own �lectriaian. r'
* The Fire, Life, Safety permit must go to the State Fire Marshall ����
i,n Sa1em. This takes from IO days to two weeks and the developer [��,
' must send the plans in himselfs Tigard may apply for an exemption �'
� under ORS 476.030, but the State certi�ication requires more expertise ��
khan the Tigard Building Staff now has. ��
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Developers try to get building permits before planning action is ap- �
proved or bypass planning altogether. This could be eliminated by: �,
I) Instituting a land development pezmit which would be needed '
in order to apply for a building permit, �^
2) Develaping a check-off on the building permit itself cauld be a �`'
salution; or
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3) A central building-pYanning application coun,ter might also ��
facilitate efficient referral of applicant to the appropriate �,
�: staff. k)
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* The capacity of the Planning Commission to review requests is limited
to maximum six items a night, two meetings a month. This is a natural
phenomenon for a group of human beings �with lives outside Planning
affairs, but ifi has caused action on planning applications to be �'`��- ,
delayed as much as two monChs just to get a place on the commission
agendao Sixty days a.s supposed to be the deadline according to
the Oregon Revised Statutes on how long an application can take
before it is automatically approved.
�. solution might be to split the commission into two five-member '
commissions which would meet separately when there was a backlog
of current planning i.tems. The Planning Comanission would be ane body
when the planning load was normal and for �omprehensive planning '
items� Consideration of this alternat�ve would have to be accompanied �
by the realization that staff capacYty to handle more current planning
items more rapidly wouYd have to �e increased. .
What can Tigard do, Zn--House, to Impruve its Perm�it Processing?
There are several things that the Building, Engineering, and Planning
Department can do to improvg the processing of permits.
* Central filing (by address or at least, cross re£erenced by number)
of all improvements done to land. This would entail, merging the
files of Building and Planning. To avoid beir►g lost, check-out cards
would be placed in the file when a staff inember wants to use the £ile.
* Standardize the farmat of permit f.orms. Consolidate application t�.:.,>
forms when possiblP. For example, Plumbing, Heating, Building may go
on one form. Conditional Use, Variance, ean go on another.
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* Have availab�e the list of requirements and procedures that the
developer or homebuilder will have to perform for each kind of action
or permit. The Building Department has such a list. The Planning
Department also has a procedures list. They would be easier to
understand if they used the same format.
* A good looking �older in which the appiicant cnuld put all of
his forms and information is something that other municipalities
have tried and liked. The inside of the folder could have
general information about city procedures anc� permits. The
folde.r ma.y� be superFluous ror soms of the simple buildino
permits, but may be very helpful for the applicant in
organizing tk►e planning information. �
* t� list of the various city licenses and permits and their fees.
This list has been organized by the cusrent Planning Director.
The Salem Pexmit Coordinator found ttiat althougti only a few
developers or home builders neQded the 1iat, it was very im-
portant tor in-house staff familiarity and use.
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CITY OF �TGARD, OREGON
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RESO'LUTIO[� No. 79-
A RESOLUTION TO ZONE CER'�AIN PARCELS IN THE CITY FROM THEIR PRESENT
ZONE CLAS3TFTC1aTION INTO THE .LAND-USE DESIGNATTON REQLIIRED IN THE
GOMPREHENSIVE PLAN.
WHEREAS, the City Coun,ril finds that �herP i,s a need to zone
existing city limit parcels to be consistent with the City's
Comprehensive Plan; and
WHEREAS, the cost and time af individual parcel owners to receive
zone change approval is time consuming and bears an unnecessary
�snancial hardship on the owners; and '
�WHEREAS, the parcels zoned are iz� compliance with the Comprehensive
Plan.
1VOW, THE;REFORE,
BE IT RESOLVEU BY THE TIGARD CITY COtJNCIL THAT:
Section 1; The following described criteria shall hereby be made ta
determine those tax lots to be zane changed• from their
'� � presen.t designation to comply with the CompreYiensiv� Plan
'' at the time they are annexed into the City or if they are
�� in the City and have county zoning tha� is equal to City
Comprehensive Plan designation.
PASSED; This day of , 1979.
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Mayor
ATTEST:
Recorder
RESOLUTTON No. 79- •
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To: Planning Coc�u�nission . • � ,
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:'rom: Aldie Howard
Planning'Direc�or •
Subject: Re�ues�t Fron �'red Meyer to F11ter and Improve the Homz ' .
Imprav�ment Center -- Ref. SDR 11-79 ,
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Date: Niarck� 20, 1979
Applicant wisiles to improve and expand th.e home center in the Fred bleyer
Conplex on 99W. StafE has c3etermined that thi.s cample.x is "Non-Conformi,ng°'
with regards to landscaping, signs, parking screening and entrance requize- . .
ments of f 996�. .
Normally this would have to come before t�e Planning Com�ission, however, I . ,
do not feel that the "Non-Confor•nance" is signi,�ican� enouqh to warrant, suah
a review which would cause unnecessary delay and expense to the �pplicant.
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Presen� signing re�3ulations ��ill require that th� Iarge s�.gn be remc�vz3 by
J�nuary 11., 1981 per Sign Ordi.nance 16.24.010 Tigard Muz,icipal Cc�de, We i
have requi,red additional landscaping around the ha�e center acicli.tion and j
alnng 99W. We have suggested improver.lent o£ th� access ofE 99G•� wi�h additiona�. j
traf£ic restrictions. The installati.on of a bus snelter at th� co:z;�er of 99PT �
arad 71st Av�nue has be�n made a conditian of this apQroval.
� Fram a lagical and r.ealistic standpoint we have improved the site con,sic3erab3.y
fTom what is existiz�g now. I d� n;ot tnin.k that total. confarmancs' to City
c�des is possible. In reviewing this application staff considered tot�l �
contormazzce and realizEd that "znaki.ng the best ou� o� what exists" was th�
only zealistic approach to take. Had this application been tor construction
of a totally new building, theci we could have required total conformarsce, �
but rahere it was only for a small addition �o an existing structure w� wexe .
able to inprove a portion oF the entire site.
I£ you wish to review tYae entire ma.ttser, we wi11 report to the appli.ca�►t
and bring the�n before you. How2ver, as I have stated, I think that a site
design review at tta:e s�afE I.evel is sufficient under these circumstances.
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ALDIE HOWAP.D -
Plannin� Directcar � • `- ;��
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r � WASHINCTOiE COU`'TY - TIGARD . � �I
-. � ..p � UE{BAIV PLc�v�I\'G ARE4 AGREEt�`T • . ' _ �i�'
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T;�is aoree�enC is entered into by [.'ashinoton County, a political 'subdi.vision p��
oE the Sta�e of Oregon, hereinaFCer referred to as the "COti�i2Y", and the CiCy of ;
;Tigard, as an incorporated municipality of the State af Ore;on, hereinafter xeferred ' ' il
;;.:a as thz "CZTY". • �I
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���;ER�r1S, 0^S �.90.010 prbvicles thaC �nits of local goti•�r:L�nC nay entez into �I
a�reemants for the performance o� any or all �unctions and acC�.vi[ies Chat a parCy �i,
to th� aoreement, i.ts' officers or agenCs, have authority to perFarn; and, � I
. �I
k'HEREAS, Statewide Planning Goal !r2 (Lartd Use Plannzng) requires tt�at opportuni-- �
ties for revie�r and comm�n� by .affected govercueenCal, units an plan� and zmplem�ntaGian "
ordin3nces shall be provided; and thae city, county, sCate a1:� �ed=_ral agency ,and
s�<<cial disCrict plans and �eCipns shall be consistent with the co�prehensive plaQS- `
af citi�s, cou.nties and regional, plans adopCed unc�r dRS 197.705 through 197.795; ands ' : �
WdER�AS, Cha�ter 6S5,, Oregan Laws, ],977, e�powers the Metro�olitan Service . �i
District (MSD) Co adop� Zand-use planning goals and ohjectives for the district, � �
revie�« comprehensive plans adopted by cities aad counties wiChin Ghe district, and r;
re�yuire ch�noes in any such plan ta ensure thaC the plan conforms to certain gaa�.s '
and abjectives, �and coordinate th� land--use planning acCivi�ies of that porCzon aa� �
the cities and counties wi�.hin the distrie�t; and, _
WdEREAS, th� Oregar� tand Conservaticrn and Development Go�issior. (LCDC) � �
"Ackr.owlPd��ent oF Co� lianca Rule" (OAR 660-03-010(2) (f)} sequires each juris3iction
requ�sCino "Ackno:,rled;ment of Com�lianr.e" to submi� a state�e�lt settina forCh the ;�
means by which a plan for managem�nC oF �h� unincorporated area with the zeg�onal
:ti,
ITrbact Gz =.at B r '
� o n ounda_ . will be im I.em_nted° and
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`� WH�'.:EASg Che COUNZ'Y and the CITY, to ensuxe coazdi�ated co�prahensive plans, .
� co�patib7,e 7.and uses, and the arderly convexsioa of ur.�aanizable land to urbact uses s
considzr it u�utually advantageous to estabiisPi a speciFic, c3elineated, Urban tl,anning
Area (UPA) for �he �TTY and � process bp which Iand Lse issues bet�rzen the CITX and
the COCTD(iY may be resolved, F
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h`O;J, THEREFOR�, THE COUNTY AND 'THE CITY A�ree as foll,o�as: ?
g
I. General provisions �
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A. The Urban Plannina Area for the C�TY shaZl be ciesianat�d as all iands witla- �
in the Cities Comprehensive Plan c�f 1971 as aaenc�ed and sore speci�ical7.y, '
all lzn3s within the sevzn (7} Nei�hborhood P1ar�:�in� proanizati.�r �.z�as as
wdopt::d b•y �i:�_ Tioacd City Cu��nci'L. (S�� E:<hiu�t "A" - U?.� Z�ap �.n�t E•r.�tibi�
"B'� _ NPO t4ap) . �
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B. The CITY shall be the predominant authority over aIl land use issues wi:thin ' �
Che Urban Plaaninp Area as ouGlin.ed. All requests for develop�en� within �
this area sha11 first be review�d by the Tigard Planni�g De�artm�nt and a � ��
report shall be made Co the COUNTY as a part of all applications for develo�- 4
m��t of lands within the Urban Planning Area but not w�ich is. now wiChin �
Che incorporated boundarzes oP t�e C�TY. k
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C. The C0(NZY hereSy zgxees to allow dzvelopaez�t wi�hin the U'PA� only if proposa�.s •
•eonform in aII respects Co the ci�r 5canaa�a� and policies oF devela�s�nt as
' stated in the Tiga�d 2iu.nicipal Code ar�d applicahle ZdPO Planso � CITY Plannin; .
DeQartmen� staFf x�eparCs will clearly outline th�se sp�cific concerns foXl,owin��� "
prelicninary review prior to develops�nt within��the UPA. ' - � ' '�r�'
D. �'he C�(l:�TY �iereby agre�s not to pe�;+siC the �,nstatl�tion of sarai��r� sewex�
syste�s •�r�Chzn th� UP�� e:sczpt dizect connecCioas to tn_ Ucti�ied S�caerag? .
Aaancy/'�ioard sew�r system. , ; • `
IIe Review of Proposed Land Use Actio�.s �
A. The COtN'TY will provide the �IT"Y' the oppor�unity to review and co�en� an ' .
proposed l�nd us� actaons within the UP?, pzior to COiS��Z'Y acrian. SucYr • �
• proposals include: . �
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(i) Cc�mprehensive p7Cans or plan atneridraents, includin� any propose3 c�an�es �, �
' b� land use des�.gnations or policies.
(2) New or amended piannind impleraenfiation ordinances including zoni�ng •. '
and subdivision ordinances.
c3} De�relapa�nt proposals and Zan� use ac�ions, incl.uc3ina the follawing:
(a) Rezonings, �
(b) Conditional YJse Per�its; -
(c) , Subdivisions and Major �'artitions;
(d) Ad�inistrativ� approval,s o� itens requiriag public n.oE:iee.
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(4) Proposed public iraprovement prajects, including:
(a) Cqnstructzon o.E ma,�or sewage callection�treat�ent systems �by
the UniPied Sewerage Agenc�r) ; �
c�b)� Major sGreet improvement, dedicatiar�, or vacation (Public jJozks -
IIepartment) ;
�. The CITY wil.� notify Che CGLIivTX of all ann.exation requests passed by �
resolution by th� City Council.
C. The foll.ow?ng grocedures shall be fal2ot�r�d b}� b�th thp C�Ui(TY and the CT,TY • ,
in ful.fil.linQ the terms� of this agreementa
(1) T�e CTT'� s�.a1.1 h� �h� gr��s�1 revz�:;��o ao��cy �c� �?1 laz�d u:;e �aMt�rs
within the ITPA. The CO'�T�1iY hereby aarees to ditect all app'Li�.aats
urishi�g to develop within �he UPA to Che Tioard Pla:�na.ng Depaz�tr�nC for'
initial cansc�.ltation. • . .
(2) A "Pxelimiz�ary Staff Repozt" prepared by the Tigard Plannino Dapar[m�ri� -
shall be made a permaneat part of each land use �.ssue within Ehis UPA be�c�te -
actior► ean be conszdered by the CO�U�1'TY. Fo2lowin� COUNTY action on zTp
proposal within the UPA th� COINTY will notify the CTTY of final actiaa
ta'�cen. .
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� (3) The COCT:�`TY sha1.Z conCact the CI'rY ig proble�es arise in rel.atian to
' this 2oreement ancI the CITY s��vll r2spo:�� i�!ed'zately to the
COCRTY's conce.ras ovec larzd us� issues within the UPA.
�~} (4) Corsaents made b}r the CITY shall be given priorxtj� in aIl Iand e�se �
m3tters wiChin tk�e UE'A. It is the irceent o€ �tie CITX �o coaGrol
a?I, asp�cts ��. 1.�nd �s� .aitti.ir, Cne UE'A re�lizie� tha� siaaificznt
energy has be�n e:�pended by the Neighbarho�3 Plaanina Graaniz2tioZS, . �
the Plan�.ina Coa�,ission and Czty� Couaczl, in de�elop�,rtg spec�.£ic � �
pl.ans for t�e land use. wiChin the IIPA and that evenCUally t'nQ u�--
incorporated areas within the UP� wi1T b�a TiQard. I£ the Ca[PiTX` �
acts contrary to the dasires artd express�d concerns of the CI'1Y' %n.
Ia:�d use mstters, 1�he CI'L'Y undersCaZds that it �ay seek a2iminist�ative
app2al oi such actions. � '
ITI, As!end?n��ts • �
(1) Chan�es to this agreament, or chanves to the Urban Planai�no Area, ma� �
be �a3e �nly by th� mutual written concurrence of borh parCi,es, �
(2) The parties wi11 jointly review this Agreem�nt two {2) y�ars fr�m. the
date o£ e�ecutian to eval�iate the effsctivenzss of the 2d�inistratian
oF the pto�esses set focth herein and ta m�?c: an_y necessary �c�n��.��.ts.
ZV. Speeial. Polici.�s e •
A. An.nexations within the Urban Plannino Area will noL bY oQposed by the
CCJUtvTY. �
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B. Anttexatians �outside of the Urban Plaanirso Area *ai.11. not be supporte� by
the COU�VTY or CIT'�' unless this agree�`nt is changed by ril.utual consent in
relation to suct� annexation proposals. .
C. Tkie CI'�Y aad COIPiT'Y wi12 cooperate in plann�.no for urban �acilitie� in the
Llrban Interaecii2�e {Future Urban) Area which surround th� UFA as outline�
' in this aoreement. Should the COUiJTY zecei�re an applica�ian(s) tor devel.op�- ,
ment withic the Urban Zntermediate {ELture Urbar_) Area surrounding the
UPA, the CQUi`TTY sha12 notify the GITY 2nd bath parties snal.i work a�!t aa
equitable zozeem�nt cor_cernin.g said proposal(s) . �
Do The f01,],0411Ro exhibits are hereby `ccep�ed and maae a por[ion of this
agreements , �i
Exhrbit "A" - UPA 2•Iap Exhibit "E" - Copy of Sens�tzve
Exhibit "B" - N�0 riap Lan.ds Ordinance ' '
Exhibi� "C" - Copies oF each Exhib:it "F" - Copy of zoZi.tt� text •
NPO Plan Exhibit "Gr' - Copy oi S�udi.visiocr:t�,�'
Exhibit "D" - Tigard Com�rehensiv� Exhibit "H'' ' '
Plan of 1971. Exhib�t '►T" , . � `;.
E�:hibit ��J,� . . ;��
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This Aoreeraect� cor�ences on , lg ' . ,.
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I�I t•JlTivr.S5 tti''dEREOF� the partxes havz e:ceeu,ted this Urban Planning Area Agrez�ent - �
on the date s�t apposite their si.gnatures.
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C�TY OF . � . �� �
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BY: A �,, ��/ � � -
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: WASHINGTO�d� f:OLT:1T'f ,
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. BY: `
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, �hair,�a�, aoard of Gounty Ca�issionnrs d
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Itscording S_creCar�r S
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MTNUTES �
i r�,, TIGARD PLANI�ING COMMISSION
� April 17, 1979 - 7:30 P.M.
Fowler J'unior High School - Lecture Room
10865 S.S4. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meeting at 7:35 P.M.
ROLL CALL:
Present: Funk, Kolleas, I3elm�r, Smi�h, Sp�aker, �epedino, Wood, Bonn
Absent: tlone
Staff: Howard, Selby; City Attorney Joe Bailey during part of ineeting.
MINUTES: The minu�tes of March 27, 1979, were considered. Wood asked they
be corrected as follows:
Page 3, lst paragraph, the motion was corrected to read: ". . .
on the gr.aund that. it does not comply with the NPO #9: Plan r_equire-
ments for the MIl72MUh1 SIZE DEVE'LOPMENT. The motion was.. ." (L7nderscore
indicates tha correction.) �
Page 4, 3rd line, the word 06VNS should be p,URCHA,SED, making the
sentence read, "It was established that the applicant PURCHASED the
property without conditions.. ." And on the same page the modified
Condi.tion 1 should conclude: ".. .that an agreement be reached to pro-
vide such access upon development of the IIVTERVENING PARCEL5."
� � On page 5, under New Business , the ty�ographical error in 1-he
second paragraph is corrected, malcing it read, "At this point (10;15
P.M.) . . . ��
There being no ather corrections offered to these minutes, it was moved, second-
ed and carried the minutes of March 27 be approved as corrected.
The mi.nutes of the April 3rd meeting were considered, and it was moved,
seconded and carried they be approved as submitted.
Howarci rPported that all COMMUNICATIONS would be considered in conjuncti.ox�
with the items to which they apply.
President Tepedino opened the PUBLTC HEARTNG by reading the usual notice
referring to the nrdinance giving authority for the procedure to be followed.
He then asked Conunissioner Wood to report on the activities of the subcommittee
under his chairmanship which was named to work on the pro�osed revision of th�
Sensitive Lands ordinance, Tr7ood reported at some length the puxpose and accom-
plishments of the subcommittee of four Commission members, pointing au� that the
impact on the t'irst item on the agenda; however, the ground rules established for
the subcommi.ttee precluded any discussion of, or calculatian of possible e�fects
on, the first item to be heard this evening, which involves consideration of
sensitive lands (floodplain) . This was said to allay conaerns of possible viola--
tion of the open meetings statute.
� The President stated Agenda Item 1 had been tabled in accordance with the
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