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02/03/2003 - Packet POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. i � � A �'!� 6� � � . �ifiy of Tigard �� Shaping A Better Caruramity TIC;ARD P'LANNING CONINIQS�IOiV F`E�RUARY 3, 2a03 7:00 �.rn. TfG�4RD CIVIC CENTEI�—l"OWN FiALL 13125 SW HALL BOfJLEVARC� TIGARD, OREGON 972�3 1. CALL T� ORD�R 2. RQLL ��iLL 3. COIVIIVIIJIVICATiONS , 4. /�PPF�Ofof� IV11�I1J1"�S 5. EILECTIO�I �F f3�F6CEF�� 6. HON1E �CCiJPi41`ICaNS -�WORKSFiOP 7. ()1'�I�Ft ��JSaNESS 8. A[�JC�U�tfVl4AENT � e � �!°fX OF�°It"sARD P'LANNING CC�NiMISSICDtd llAe�tin� iVli�utes February 3, 2003 1. CALL TO �RD�� President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall �Ivd. 2. �eOLL CALL Commissioners P�es�r�t: Presidenf Padgett; Commi�sianers Anderson (arrived at 7:1Q {�.m.), Bienerth, Buehner, Haack, Mores, Munro, anc� Webb Commission�rs Absent: Commissian�r Sutton Staff Present: Dick Bewersdorff, {'lanning Manager; Morgan Tracy, Assaciate Planner; Jerree Gaynor, Planning Commission Secretary 3. APIPROlOE MEETING h'ViINlUTES CUmmissioner Bienerth moved and Commissioner Buehner secnnded the mo�ion to approve the November 18, 2002 meeting minutes as �ubmitted. A voice vote was tak�n and the motion passed by a vote af 6-0. Commissioner Anderson arrived after the vote was talcen and Commissioner Haack abstained. 4. ELECTION OF fSFFICE�S Mark Padgett was elected as President of the Planning Gommission; Judith Anderson was eleGted Vice President. 5, PI�A�VNINC COIVIfVIISSION COIVIMUN9CP��'IANS The Commission was reminded of the joint meeting with Council on February 18tn It was also noted the City Attorney would be at the February 25th Council meetinc� ta discuss ethics. The Commissioners are invited to attend this session. Judith Anderson agreed to continue as the Planning Commission representative to the Tree Board. . Judy Munro gave an update on the Downtown Task Force. 6. HOIIAE OCC�IPATIDIV� —VNOhI(SHC�P Morgan Tracy disfiributed, then reviewed his memo to the Planning Commission (Exhibit A). T'he memo detailed previous discussions with th� Commission about home o�cupations, both Type I and Type II. He noted that there seemed to be no problem� with Type I permits because they operate almost invisibly; the problems lie with Type II permits. PLANNING COMMISSION MEETi1VG MINUTES -February 3,2003-Page 1 ' ' Tracy went over the opticans for changes to the standards for both types of hom� occup�tion permits, including creating a new Type III process �s a conditional use which would require a public hearing. Tr•acy reported fihat he surveyed 11 cities and Washingfion Gounty about th�ir home occupation requirerr�ents. About half of the jurisdictions have 2 different types of horrre occupa�ion permits and customer visits range feom a few per d�y #o severai. Tigard is about in ghe middle �f the range, Th� Commissior� was concerr�ed abaut protecting th� sanctifiy o'f neighborhoods a�d givin� busines��s an unfair competitive advantage. They talked about enfiorcement issues and discuss�d the possibilify of prohibiting commercial vehicl�s from parkir�g i�i neighborhoods. Staff recorrimended against making any changes that would be rriore restrictive. St�ff reported that Type II permifs could cost the applicant close to $�,000, which would include mailing costs, Our cost for processing a Type II permit is about $250 unless an appeal is filed. The City has approximately 10-12 Type II applications per year and 150-170 Type I applications. The He�rings Officer makes his decision fior Type Ils based on criteria listed in the D�velopment Code. After discussion, the Planning Cammission sugge�ted changing Type I permits ta allow up to 5 customers per week and to re�trict hours of operation to 8:00 a.m. — 8:00 p.m. They also suggested �dding some wording to fihe Development Gode about the purpose of home occupatians to recognize the change in society's feelings toward saving energy and telecommuting. For only 10 to 12 applicants a year, the Corrimission clid not see a need to change the conditions for Type II permits. 7. ��'HER �lJSi(d�S� Commissioner Buehner asked staff to research how much property on Bull Mountain has non-remonstrance agreements for annexation aftached to their property. �. ADJC)URNIUfENT The meefiing adjourn�d at 8:15 p.m. Jer e Gaynor, annin ommission Secretary �� A EST: resident Mark Padgett PLANNING COMMISSION 1VIEETING MINiJTES -February 3,2003-Page 2 � � ' �i��i�s� � corv oF TidaRo Communi.ty Development Shaping A Better Community E HD � CITY � TIGA , 0 � � I� 13125 SW Hali �oulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TOe i�ianning Commission Nfembers FRC�M; Morg�n Tracy, Associate Planner D�►�'�: February 3, 2003 �l1BJECT: Ger+eral Discussion of Proposed Home Occ�apaiinn Amendments At the November 18, 2Q02 worksession, the commission spent some time d�liberating different options far amending #he Home Occupation rule�, and lik� staff, found that trying to set rules or excep�ions usually resulted in undesired consequ�nces. The commission identified the main issues: invasiveness of a busines� in a residential zone, privacy, noise, firaffic, signage, compatibility; but struggled with developing standards that could be evenly applied that would address these issues. On one hand, the Commission agreed that Type I Home Occupations were the perfect neighbor, as they operated, in essence, invisibly. These include home affices, wholesalers, phone or internet oriented businesses, and personal senrices that perform their services off-site. In an effort to streamline the paperwork process for these Home Occupations, a suggestion was made that the perrnit requirement be dropped in favor of performance standards. In nther words, a Typ� I business wauld still be r�quired to apply for and receive a business tax, and part of that application wauld include a requirement that the applicant sign an acknowledgement statement lisfiing the '1"ype I standards (no employees, no customers, etc.) as well as the potential fines for non-campliance. To offset the cnst of monitoring and enforcement, a $30 per business tax "Compliance Fee"would be proposed. The real difficulty comes from trying to sort the c�ood Type II Home Occupation apples from the bad. For instanc�e, a bookkeeper with a few clients a day typically has no greater impact Yhan a resident with a lot of friends. But a hair salon with six clients a day every day wi{I cause the neighbors to react negatively. A piano teacher may be okay with six (or maybe more) pupils, but a Tai Kwan �o studio, or drum instructor may not be. 9t depends largely on the business type and even rnore on the business proprietor. It's possible that a business that is co�npletely out of . compliance with aur standards fits harmoniously into the neighborhood, while one th�t is in compliance is a constant headache for the neighbors. .r � .' . One solution woufd be tt�eiiminate Type il Home Occupation permits altagether. That mean� no more business�s with external impacts, no employees, and no client�. �or the boakkeeper, this adds the inconvenience of having fo find an offsite location to meet clie�fs. For other businesses, like the hair salon, it wrould mean that the business could not�p�rate in a residential zone. Anather possibility would be to remove Type II Home Occup�tions and make th�m subject fio a Type i1B process as a conditional use. This we�uld allow for additional discretion, as we{I as a publi�forum far neighbors to express th�ir concerns. This aiso means that they may be more conYentious, more time consuming to proc�ss, and ther�fore mors expensive and complicated to �pKi1Y• Be{ow, are some ideas for deveioping additional standard�for Type I and Type !I HOP's: Possible Type i O tip •ons: 9. P�o Chan�e�. - Leave Type I HOP's as they are naw ir�the code. 2. Eliminate the permitting requirement - Remove Type i perrnits, but retain the rules and requiring a business tax be paid. Applicants would sign an acknowledgement on their business tax form that they will abide by the HOP rules as s�t forth in the code. A code cornpliance fee would offse#the loss c�f revenue. 3. �x�and the lisf of prohibifed businesses. - For example, all engine repair, landscaping business, metal machining, pet sitting on-site 4. Make City standards consistent with fihe Urban Services Area standards: -Oufiside storage of inventory, refuse, equipment, vehicles, or�ther items associated with the home occupation is prohibited. - �istribution of materi�ls ar sales of any kind from the property where the home occupation i� located is pmhibited. 5. Add new standards -Vehicles marked with business identification (name, number, logo, etc.), ar vehicles that �equire � Comrnercia! Driver's license, shall be housed in a garage or screened behinci a rriinimum 6 foot tall solid fence. � - Group meetings for the purpose of conducting business ar sponsored by a business are prohibited (i.e. Tupperware Parties, Herbafife Nleetings) -A�sembly ofi�mployees at residen�e for off site work is prohi�iited (e.g. contractors, landscap�rs, cleaning services). 6. Add a new allawance -To address the piano teacher is�ue, we could allow (some number, say 2) students per day, visiting at s�parate times under the Type I permit, that is if w�eliminate Type II HIJP's. Events like recitals would have to be conducted at a different Bocation. „, f, ♦ ' e � Possible'fype il Options: a. No Change - Leave Type li FIOP's as#hey are nc�w in the code. 2. Reanove Type 11 I�QP's -Gompietely eliminate�'ype II HOP'� 3. Cornmunity Based Approval Standards - Require a majarity of the abutting property ownecs to sign off on the applic�nt's proposal. This could allow an applicant to create 4heir own limifis in terms of employees, n�mber of customers, hours of operation, signage, etc. Some basic limits wouid still need to be irrrposed to prevent a strictly cc�mmercial operation from apening in a residential zone. It �Iso reinforces tha#the neighbors are watching and cantro! the f�te ofi the operatian. 6f an applicant cannat convince the neighbors, a l"ype I permit is a nAn discretionary option (but much rn�re limited). - R�q�ire recon�rmatior� on an annual basis. i'hi� is meant ta address those businesses that "outgrow their britches”. In other words, they may start as a nan-descript casual busin�ss vvith a couple afi ciients a v+reek. But as they grow more successful, there are more clients, perhaps the addition ofi an employee, some signs start showing up, �#c. This could either be done by requiring reapplication every year or by some more simplified process. The in4ent would be to send notice#o the neighbors to identify any probl�m arEas that have tieveloped with the business and allo�r the applicant an opportunity to propose m�asures to �ddress the issue. ff a r�peat problem cannot b� reso6ved, the HOP would not be approved. 4. Alternate or additiona!sfiandards - Staff has attempted to develop standards for Type II HOP's with little success. The present standards perhaps don't fit every business need, like piano teach�rs, but hav� generally worked well en limiting patential irnpacts tA neigF�brars. By expar�ding allowances for particular typ�s of uses, there is the risk that unforeseen impacts c�r problems are created. Sorne ideas that hav� previously b�en presenfed include: 1) Add an exemption fior�ducationaf instructors from HOP rules. 2) Arnend th�code to allow increased or unlimit�d number of clients. �) Arri�nd the code to exempt pupils from the custamer Eimit. 4) IVlake Type II HOP permits subject to public hearing process 5) Create a third tier af.FiOP's 8) Add an expiration#imeframe � . e��A�� 0�\�INV ��Ot„111��I�� CITY O�ARD OREGON R4LL CALL F#EARiN(� I�AT'�e �—�— C�.� S�'ARTlNC3 TBM�a / � G O � �or��i��eon��s: MARK PAl�GET�f (6�f��SIDENT) �,�,6V`"" JI�DiTH A,NDERSON (\/ICE-�R��lD�tdT� V JODIE �IENERTN �/ GRETCH�fV BtJEHNER V . �ILL HAA�K � GLE�IN MC�RES � JUDY MU�1F20 SCOT SUTT(�N � " EILEEiV WEBB RE?C CAFFA,LL (alternate) �-------------------------------------------------------------------- -----------------__�------------------------_______-__----------------- �°T�lF� P�l��IVT: � DICK BEWERSDORFF JIM FiENDRYX BRAD KIL�Y BARBARA SHIELDS � MORGAN TRACY JIJLIA HF�JDUK MATT SCHEIDEGGER DUANE ROBERl"S BRIAN RAGER BETH ST. AMAND GIJS DUEN�S