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11/20/2006 - Packet
• • AGENDA 11 TIGARD PLANNING COMMISSION • NOVEMBER 20, 2006 7:00 p.m. TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD T I GARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 HISTORIC OVERLAY CONDITTIONAL USE CODE AMENDMENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18 6. DOWNTOWN DEVELOPMENT CODE 7. COMPREHENSIVE PLAN UPDATE • ECONOMY REPORT 8. OTHER BUSINESS 9. ADJOURNMENT 0 • Tigard Planning Commission — Roll Call Hearing Date: //-Z 0—D C Starting Time: 7 - 00 (hk. 1 COMMISSIONERS: / Jodie Inman (President) Gretchen Buehner 14-1(9-) Rex Caffall c/ Patrick Harbison / Kathy Meads Judy Munro (Vice-President) Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Ron Bunch Cheryl Caines Denver Igarta Emily Eng Duane Roberts Kim McMillan Beth St. Amand Gus Duenas Phil Nachbar tZ Sean Farrell), • 4111 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 20,2006 1. CALL TO ORDER President Inman 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 Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Buehner, Caffall,Harbison,Meads, and Walsh Commissioners Absent: Commissioners Munro and Vermilyea Staff Present: Dick Bewersdorff,Planning Manager; Ron Bunch, Long Range Planning Manager; Sean Farrelly,Associate Planner;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS It was advised that the meeting with the Tree Board on December 11th might start later than 8:00. There are 2 public hearings that night with the Hearings Officer that staff needs to attend before the workshop with the Tree Board. Commissioner Walsh reported on the Tree Board. They held a follow up meeting after the last workshop with the Planning Commission. Dick Bewersdorff advised that staff will outline the issues brought up at the last workshop in preparation of the next workshop on December 11th. Commissioner Buehner advised that the Transportation Financing Task Force held an open house on November 9th to discuss the proposed gas tax. She noted that the meeting was well attended and lots of thoughtful questions were asked. There will be a 2nd open house on November 30th. Commissioner Buehner reported that the City Center Advisory Commission is beginning discussions on the Fanno Creek Park Master Plan. They hope to have it completed shortly after the first of the year. They are preparing a request for proposals for a consultant to work with a citizen committee to work through the details of the Master Plan. There will be a workshop with the Planning Commission probably in February. Commissioner Meads reported on the Park and Recreation Advisory Board. She advised that they are working with staff to request funding in the next fiscal year for start up of a recreation PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 1 program in the City. She noted that the City is recruiting to fill 2 Park Board positions whose terms expire at the end of the year. Also, another Board member will be retiring in February. The Skate Park Committee is a little behind in their schedule. It is hoped to have the Skate Park completed by the end of next summer or perhaps the fall. Commissioner Meads also advised that the pedestrian bridge between Tigard and Tualatin is completed, but has not opened as yet. There is a trail from the Butterfly Pavilion at Cook Park down to the bridge. Commissioner Buehner noted that,with her election to the City Council, she would be resigning from the Planning Commission by the end of December. Commissioner Caffall reported on the Committee for Citizen Involvement. They met with Bob Roth, the City's volunteer program developer,who talked about the City's webpage and job descriptions for volunteers. The South Pacific Island representatives met with the CCI again. The CCI will try to find funds to help the group. The CCI will work with the schools to set up informational meetings with the South Pacific Island community and send home reports with the students to solicit parent participation. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the November 6, 2006 meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioner Harbison abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow"Meeting and Event Uses"in residential zones with a Historic District overlay zone and/or on the National Register of Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for"Historic Place Meetings and Events" as a conditional use in all residential zoning districts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include "Incentives for maintenance" provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 2 • • STAFF REPORT Associate Planner Sean Farrelly presented the staff report on behalf of the City. He gave a PowerPoint presentation (Exhibits A and B) to provide details of the proposed code amendment. The Planning Commission had the following questions and comments (staff responses are in italics): • Who reviews the parking plan? Farrelly answered that the parking plan must be submitted at the time the conditional use permit is requested. It is confirmation that adequate parking can be accommodated. He noted that of the 8 residential properties included in the proposal, 3 might be able to provide off-street parking for 200 attendees. • Which historical properties are currently private residences? Private residences include the Charles F. Tigard House, the Tigard Farmhouse, the Seven Gables Upshaw House, the Gaarde House, and the Shaver-Bilyeu House (Quello House). • Other than the Quello House, have any other residences been used for events? Farrelly answered, no, not to his knowledge. • Were the development standards developed by staff? Yes • If the proposal is turned down be the Planning Commission, what happens? Council will still hold a public hearing and will be informed that the Planning Commission recommended denial. • The impetus is to generate revenue to offset costs of maintenance and upkeep. Is there anything in the proposal that requires the funds be used for maintenance? No • What was the basis for the recommendation of 7:00 a.m. to 9:00 p.m. time period? Farrelly said this follows the current noise code. Planning Commissioners advised that the current noise code is 7:00 a.m. to 7:00 p.m. • What was the basis for the 40 and 200 numbers for attendees? Staff met with Code Enforcement and other planners and chose numbers that balanced interests and seemed plausible. • Was the Fire Marshall contacted to determine occupancy? No. The Commission recommended soliciting input from the Fire Marshall. This could be made part of the conditional use permit process. • The proposal doesn't have any spacing requirements for the number of events. The events could all be held over a short period of time —all during the summer months with nothing during the winter. • What are the requirements for obtaining a conditional use permit and what methods are there to enforce the conditions? There would be a public hearing before a Hearings Officer. They would have to file a site plan showing how the conditional use would work and how they could meet the development standards. Each granting of a conditional use for a property would involve a public hearing. For each event, th y would have to file a parking plan proving they are following the conditional use approval. The conditional use approval would only continue as long as the property is registered as a historic properly. If the designation was gone, the conditional use would cease. • Is there a fee? There is a one time application fee of approximately 32,00043,000. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 3 • • At the time they file a parking plan,would they be required to see if there are other events going on in the area? Yes. They would be required to file a parking plan one week in advance, so staff could check to see if there are other events going on in the area at the same time. The Planning Commission remarked that one week may not be enough time to review the parking plan; the review timeframe should be considerably longer. There could be conflicts with other events. Usually events are known about 3 months in advance. Parking plans could be submitted at least 2 months ahead. • There is nothing in the proposed amendment that requires notification of events to surrounding neighbors so they could be sufficiently prepared. That would require another permit process. • Commissioner Harbison didn't think parking would be that big of an issue. Parking- constrained sites can be addressed during the conditional use hearing. He doesn't believe there's a need to do something for each event. Other Commissioners disagreed. • Did staff consider charging a nominal fee to review the parking plans? It makes sense; staff will consider it. • What has been the request for this type of activity for properties other than the Quello house? None • What are the cost benefits for a historic overlay vs. historic register? The Tigard historic overlay is locally designated. It's voluntary for the property owners. After it's designated, any kind of exterior alterations have to be approved by the City to make sure it keeps in character with the period of the home. It's a much more rigorous process to get on the National Register. Specialists are hired to prove the structure is worth being approved by the National Register. Once it is on the National Register,property taxes are frozen for a period of time. • Has the City ever considered a tax incentive to defer maintenance costs? Not that staff is aware of • Did the request for the City to be the applicant come from multiple owners of these homes? No, City Council directed staff to do the code amendment. • Are ADA facilities part of the permitting process? No, this was not included. Sometimes this is an issue for historic properties since they were built before there were ADA requirements. In the City's code, there is an exception for historic properties. It was suggested the City pattern their code to what the federal program has done (wheelchair access ramps and lavatory facilities). • What about restroom facilities for 200 attendees? How many porta-potties will there be on the site? This could be a concern. This is something that should be addressed before they receive a conditional use permit. • Has the Shaver-Bilyeau House ever been requested to be put on the local registry? Not that we know of. PUBLIC TESTIMONY—IN FAVOR Dan Quello, 16445 SW 92nd Ave., Tigard, OR 97224 provided his personal history of the Shaver-Bilyeu House (aka Quello House) which he bought 16 years ago. He advised that the PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 4 • house has been used in the past for weddings, which eventually became an issue for some of the neighbors. A proposal to use the facility as a bed and breakfast as well as a place to conduct garden weddings was brought before the City Council a few years ago. The results of the hearing were mixed, and the request was denied. This last year, the Quellos have hosted some non-profit events. Two City Councilors attended one of the events and were impressed with the property. The Councilors came to the Quellos and said there ought to be a way that the facility could be used by the public. Mr. Quello sent a letter to Councilor Sherwood who shared the letter with Council. It was decided to start the process again. He believes staff has come up with suitable language that would allow historic facilities to host events for the public. Mr. Quello read an article from the Oregonian about a historic inn in the Corbett area which will now be able to re-open as a business after being a residence for several years. The Columbia River Gorge Commission adopted new rules allowing commercial use in some historic buildings. Mr. Quello believes the current request of 6 large events a year is modest and manageable. He advised he has 50 parking spaces in front of his house, as well as 250' of driveway, 1 acre of pasture, and a lawn which can provide additional parking. He also advised that the house has 5 bathrooms and 2 kitchens (1 for catering). He noted that a movie location scout approached him a year ago about filming a wedding on his property for a movie. They got approval from City staff and the wedding was held this past September. During the wedding, Mr. Quello walked around the neighborhood to check the noise level. He couldn't hear anything. Commissioner Walsh asked Mr. Quello if he had considered using a section of the property further away from the neighbors for hosting events. Mr. Quello said he has held events on a different section of the property. It is a possibility and he is open to it. President Inman asked Mr. Quello why he has not requested local historic overlay of the property. Mr. Quello answered that it seems there is no benefit. The property is already on National Registry. President Inman asked if Mr. Quello would be agreeable to a reduction in the number of attendees or the number of events. Mr. Quello said he is open to compromise. Mr. Quello reviewed the tax benefits of owning historic property. He advised that when he applied to the National Registry, he received a freeze in the tax assessment for the property. The freeze is good for 15 years, after which time he will need to reapply for another 15 years. The renewed assessment would be at the current appraised value. Commissioner Caffall believes the City needs to maintain and keep some of these older houses. He would prefer to see this type of house remain in perpetuity rather than selling it to developers. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 5 Jacque Quello, 16445 SW 92nd Ave., Tigard, OR 97224 signed up to speak, but did not speak. Ron Soberg, 11333 SW Gaarde Street, Tigard, OR 97224, testified that he is the current resident of the Gaarde House. He believes that a lot of the comments he has heard shouldn't hold true for just owners of historic properties; they should apply for all homes in Tigard. If someone is having 20-30 visitors to their home, they should go through the same process that is being requested of historic properties. The issues are the same. Living in a community requires the need for respect from neighbors and the need to respect neighbors in turn. He also advised that when he bought the Gaarde House from the City of Tigard, he paid for everything himself— he did not receive any support from the City. Commissioner Walsh agreed that if someone is having a private party, they should let the neighbors know. However, he sees a distinction when it comes to commercial use. Commissioner Meads brought up the number of events being proposed. Individual homeowners would not likely hold 6 large events in a year. Mr. Soberg said that, for him, the number of events in a year wouldn't make that much difference as would the number of attendees. PUBLIC TESTIMONY— IN OPPOSITION Cheryl Cappelli, 16405 SW 93rd Ave., Tigard 97224 read a letter to the Commission (Exhibit C). Commissioner Meads asked when the 3 year period occurred. Ms. Cappelli answered it was from 1998 to 2000. She advised that she has also heard noise and has seen parking problems from the more recent events as well. She noted that there is a gully running along the properties that funnels the sound to the neighborhood. With regard to noise from the high school and Cook Park events, she said they live there knowing there would be that kind of use. President Inman asked if the number of attendees makes a difference. Ms. Cappelli said she hears the events that are held outside. President Inman asked if there were any pieces of the proposal that could be changed to make it more palatable. Ms. Cappelli thinks it's a commercial vs. residential issue. Mike Brewin, 11225 SW Morgen Court, Tigard 97223 showed pictures of the different historic properties impacted by the proposed amendment. He also provided a copy of his own recommended changes to the proposed code language (Exhibit D). He testified that he lives next to the Charles F. Tigard home. He noted that this proposal will impact the whole city. In the future, more properties will apply for historic designation and be able to have events that their houses were never designed for. Some of the issues he pointed out with the historic properties include having no sidewalks, not enough parking, gravel driveways between the houses, close-by neighbors, and busy streets. These homes were designed for domestic use. The Columbia Gorge Inn (mentioned by Mr. Quello) was designed as an inn. Mr. Brewin advised that the John F. Tigard House is owned by the City and is maintained by the Tigard Historical Association. They have meetings there once a month. Even though it's in a residential area, the house is used appropriately for historical purposes. It's a non- PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 6 • • profit and serves the public 100%. He does not believe something commercial should be in a residential zone. Sharon Brewin, 11225 SW Morgen Court, Tigard 97224, signed up to speak, but did not speak. Caroline Holzwarth, 9240 SW Millen,Tigard 97224 advised that her property backs up to the Quello property. She advised that the Quello home is very close to the rest of the homes in the neighborhood. She said that she has been able to overhear vows being said and has changed her schedule so as not to interrupt weddings. She has been kept awake from the noise and has experienced increased traffic in the neighborhood. She does not believe that the Quello house can be guaranteed parking as needed. She believes changes in the neighborhood should be for the majority, not for one individual. President Inman asked if there was anything in the proposal that would make it more palatable. Ms. Holzwarth said maybe, if the weddings were held at a different location. She noted that there has been a big change in the traffic pattern. On Saturdays and Sundays throughout the entire summer, parking is very busy and it's sometimes difficult to get out from Millen onto 92nd Ave. It's busy from 7:00 a.m. to 10:00 p.m. Neighbors knew when they moved into their homes that there would be events at the high school and Cook Park. Adding just one more thing to the neighborhood is too much. Larry Galizio, 16455 SW 93rd,Tigard 97224, noted that his deck looks into the Quello backyard. When the weddings were happening in 2000, people would be looking down into his backyard. There was no privacy during that time. He is not in favor of moving the weddings closer to his yard. He said that the Quello house is in an area zoned residential, specifically in a R-4.5 low density zone. Under purpose in terms of such zoning designation, it states, "Preserve neighborhood livability as its primary purpose." Regulations should protect the livability of existing and future residential neighborhoods. Any non-residential use should be at appropriate locations and at an appropriate scale. He urges that the Commission not re-zone the whole area. There is one person who has gone to Council members proposing a change for the entire City. He thinks this is problematic. He asked if the Quello house would be able to accommodate 200 attendees in their back yard. The Commission answered yes. Mr. Galizio pointed out that a memo dated July 25, 2000 states, "Because weddings occur on weekends when no Code Compliance Specialist is working, enforcement of any conditions related to noise would be difficult." He asked if the City would be creating another FTE for Code Compliance or is the Planning Commission going to stipulate that the events cannot take place on weekends or whenever Compliance Officers are not available. He noted that in the same July 2000 report, the staff recommendation found it appropriate to allow historic sites to offer bed and breakfast facilities as approved by a conditional use, subject to certain conditions, such as 5 guest rooms, on-site parking of one space per room, and a City overlay designation. He asked what has changed in 6 years that we go from a B &B with a maximum of 5 parked cars to 18 events, 6 of which that can have up to 200 people. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 7 • s Mr. Galizio listed the many status quo events already taking place close to the neighborhood. With those events, there is illegal parking, noise, and trash. He believes it is also a safety hazard. He advised that on July 14, 1999, the municipal court found that Dan Quello was in violation of 4 sections of the Municipal Code by conducting weddings and receptions, events and meetings at the subject property without first obtaining a conditional use permit, zoning code amendment, or authorization from the City. Mr. Galizio thinks past behavior should be taken into consideration. Mr. Galizio wonders why this is the only historical site in Tigard without a historic overlay zone designation. He wonders if it may be because of costs associated with the historic overlay and the requirement of a Type II review of exterior alterations. He believes that if the goal of the code change is to encourage the protection of historic resources, then it would logically follow that only properties within a historic overlay zone designation should fall within the parameters of the proposed code change. He notes that there is nothing in the proposed amendment that guarantees where money made from events would go. The State already gives a tax break. He believes that it should be non-profit status or the money should go into a pot and perhaps managed by a group for properties in most need of repair. Commissioner Walsh asked Mr. Galizio if he has seen anything in the State Legislature that addresses this in other jurisdictions. Mr. Galizio said he would be glad to work with Tigard and Mr. Quello to consider other ideas. He thinks historic preservation is significant. He would suggest looking first to areas within commercial zones for for-profit enterprises. Beyond that, he suggests looking at what other cities do and at the state level. Commissioner Meads asked what the Quellos' property taxes would be if they didn't have the freeze. It was estimated to be approximately $7,000 - $8,000. Mr. Galizio thinks this is a well-intentioned, misguided attempt to preserve historical integrity of the City. He thinks we can do a lot better. Mark Walker and Lisa Walker, 9174 SW Waverly Dr., Tigard 97224 left the meeting before speaking. Gail Dowler, 16515 SW 93rd Ave., Tigard 97224, testified that she lives about 8 houses down the gully from the Quello house. She believes that the 18 events allowed by the proposal will probably all occur during the summer months. With the last experience they had with an event, they weren't able to use their deck,were unable to barbeque, and were unable to open their windows to cool down. Even inside the house with the windows closed, they could still hear the noise because of the echo effect. She doesn't see why the neighbors should have to pay the price for Mr. Quello's decision to purchase his property. Her letter of testimony is attached as Exhibit E. Commissioner Meads asked if Ms. Dowler has experienced any noise from the more recent events. Ms. Dowler answered no, but they don't generally sit outside on the deck at that time of year. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 8 • • Richard Smith, 16435 SW 93rd,Tigard 97224 testified that he lives directly behind the Quello property. He stated that he can hear people speaking in normal voices from the Quello property, about 250'-300' away. He does not believe the Quello house is a historical house. It's been altered and moved from its original location across the street on the high school property. He noted that the property is a historical piece of land, but the house has nothing to do with it. The original house was a farm home, but it's been modified several times. In addition, the property was all part of one huge parcel at one time which included the property where the Durham School is located. Mr. Smith noted that if there will be public access to the property, then it has to meet ADA requirements. He also advised that during one of the more recent events at the Quello house, a complaint was called into the police about the noise. He urged the Planning Commission to not approve the proposal. Commissioner Caffall noted that the other properties on the list don't look like they would hold the kind of events that Mr. Quello would hold. He asked if the events were reduced to 3 or 4 a year, would it still be a big issue. Mr. Smith believes it would still be a big issue. In the past, there was no notification to neighbors about the parties. If there was notification, the neighbors could choose to leave. He thinks notification is very important. Carol Gifford, 9255 SW Millen Dr., Tigard 97224, testified that she knew about the park and high school when she bought her home, but the high school has since put in Astroturf and rents out the fields throughout the year. She notes that her neighborhood has become a rec center. Regarding compromise, the neighbors have been through this before. The previous decision was no, and yet, there have been events. The word "compromise" doesn't hold a lot with the neighbors. She advised that the selling of the Quello property to build houses has been held over the neighbors' heads. She thinks the neighborhood is overused and would like to see a traffic study done. Also, the only crosswalk from 92nd above the park is at the crest of hill. PUBLIC HEARING CLOSED President Inman asked what options the Planning Commission had. Staff advised that the Commission can recommend denial, approval, or approval with changes. This is a legislative process where the Commission makes a recommendation to the City Council. Dick Bewersdorff recommended that the proposal not be sent back for more revisions. He thinks a decision needs to be made on the issues, relative to what's good for the community and the neighborhood. He doesn't think there's any way to further craft language to make it any better without having the same issues. Commissioner Harbison said that people know what to expect when they move next to a high school. When people moved into this neighborhood,weddings weren't being performed. That could be expected in a commercial zone. He believes 200 people are a lot of people to have next to you; 40 is also a lot. He confirmed that Mr. Quello could still hold events if they PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 9 • • were non-profit. Commissioner Harbison believes that this is the only property that's even feasible to hold a party. Commissioner Meads said that people running businesses in their home are not impacting their neighbors. When commercial endeavors are moved outside,where there's no constraint in a residential area, there's going to be an impact. From the testimony she's heard tonight,it's a substantial impact. She doesn't see that this is the avenue to take for generating money for the home. She also thinks the proposal seems like it's for 1 person;it's not a citywide benefit. Commissioner Buehner sees a number of issues which, according to staff, may not be able to be resolved with the proposed code. She believes it's in violation of the current noise code, there is no control over the spacing of events,it's too many people to have in a residential neighborhood, there's the issue of restroom facilities, how would neighbors get noticed, there are parking problems,insufficient lead time for review of parking, and requiring a contract to provide parking for events. She believes there are so many problems with the proposed ordinance that it's not going to make sense. Commissioner Caffall concurred. He doesn't believe there's anyway to adjust the code. Even having just 25 people would create an issue. He knows that we can't stop non-profit events, but thinks Mr. Quello should be a good neighbor and let the neighbors know what's going on. The real question is,if it was in your backyard,would you want it? If so,how would you want it? He doesn't think we can write a code for it and thinks it should be left status quo. Commissioner Walsh agrees with many of the comments. His primary issue is justification. Why was it brought forward;what is the driving force? He is sympathetic to need for upkeep and the cost involved, but he doesn't see that this is the solution. He doesn't see a linkage between the revenue raised through a commercial venture going back to the upkeep. This amendment is for everyone. The next person may have no intention of keeping up the facility. Also,he sees that this is primarily driven for 1 party. He doesn't want to see the code changed for 1 party. He agrees with staff that the Planning Commission needs to take action and not try to re-word the language. President Inman agrees with much of what's been said. It's a beautiful piece of property, but she doesn't see the justification for making a change to the City code. So much of it seems to be centered on this 1 particular piece of property. She agrees that parking is a huge issue and there are a lot of safety and noise issues as well. Commissioner Buehner moved that the Planning Commission recommend denial of Development Code Amendment (DCA) 2006-00005 Historic Overlay Conditional Use Code Amendment, based on the staff report, the testimony given tonight and provided prior to the hearing this evening. Commissioner Meads seconded the motion. Staff announced that the public hearing with City Council will be held on December 12th. 6. DOWNTOWN DEVELOPMENT CODE PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 10 • • Dick Bewersdorff distributed a copy of the proposed calendar for the Tigard Downtown Development Code Amendments (Exhibit F). Planning Commissioners can email any questions or comments to Ron Bunch. 7. COMPREHENSIVE PLAN UPDATE • ECONOMY REPORT Sean Farrelly gave a PowerPoint on the economy section of the Comprehensive Plan update (Exhibit G). The Planning Commission had the following comments/questions: • How many jobs were added with the Washington Square expansion? We will have to research that. • The Metro-assigned capacity of 17,000 jobs is a scary number. It will have to be in the service sector, there's no place to expand. • Will the Planning Commission have to look at expanding Commercial and Industrial zoning? If so,where? • What happens if we don't meet Metro's number? We would have to justifi that we have the capacity for that many jobs. We can't force people to bring jobs here. • Hopefully, there will be a lot more employment Downtown over the next 10 or 15 years. • Also, there are big chunks of land left in the Tigard Triangle. • It's surprising that Tigard does not have a formal Citywide economic development strategy. • It is thought that when the Downtown Plan is complete, that FTE position could possibly morph into an Economic Development Director. • Instead of throwing in industrial lands randomly,it makes more sense to ensure we keep what we have. • What are our strengths—proximity to Portland, 1-5 Corridor and other huge assets. We should focus on those. • It would be useful to see what difference the Washington Square expansion has made. • One-third of Bridgeport Village is in the City. • There are 2 large office buildings going in at 72nd and Durham. • How about the land north of the Library site? It's not suitable for most industrial purposes because of the slope. • Most of our industrial land is based along the railroad line, but that's a descending way to transport goods. 8. OTHER BUSINESS The Commission held a short discussion about meeting protocol when there's a disagreement between Commissioners. PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page I I • • 9. ADJOURNMENT The meeting adjourned at 10:21 p.m. Jerree - s,Planning Co ssion Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—November 20,2006—Page 12 • II EX. II Historic Overlay Conditional Use Code Amendment (DCA) 2006-00005 Planning Commission Presentation Sean Farrelly Associate Planner City of Tigard November 20,2006 Historic Properties in Tigard • Represent surviving examples of architectural types or are associated with important figures in the history of the Tigard community. • There are ten designated historic properties in Tigard(nine with Tigard Historic overlay zone) • Two properties are on the National Register of Historic Places • Eight historic properties are in residential zones u 4 ,z.=,..side..Drs...., _____, .. _ _ii . , ... I - ... mi. .- :.1i''.71°. ist,_ �/ 'ii�P�i�f9 �J 114 V.1 i 4 /s•A� a d ItUr 4t�:i � `.li.� Q wy<a4 --, lt-fW a1.w --. i i Ai r ig;; _ i wi"1 1..'f ._ , mss—" '�"-e0a r i s 1 • • 1. Durham Elementary School T • 8040 SW Durham Rd • • • School use • Surrounding Zoning: - • R-12 2. John Tigard House • 10310 SW Canterbury Lane • On National Register of Historic Places • Used as a museum ri - • Lot owned by Tigard Water District • Surrounding Zoning: R-4.5 3. "Ye-Olde" Windmill j. • 121st Street and Katherine St. • .13 acre site • Public park • Surrounding Zoning: R-4.5 2 • • 4. Charles F. Tigard House ti,. •• , • 11180 SW Fonner St. ••�' �'• 4, f'; • ,4 • 3000 s.f. house -e `:_ .. >' • 1.5 acre lot • ;++ • Surrounding Zoning: R-4.5 • 5. Tigard Farmhouse and Windmill .,,, • 10525 SW Tigard St. • , • 2600 s.f. house _ • .5 acre lot • Surrounding Zoning: R-12 6. Seven Gables Upshaw House • 9890 SW Peppertree r Lane ` • 2500 s.f. house f • • .5 acre lot • Surrounding Zoning: _ R-3.5 3 • • 7. Gaarde House — - - • 11333 Gaarde St • 2900 s.f.house • .25 acre lot • Surrounding Zoning: R-4.5 8. Shaver-Bilyeu House (aka Quello House) 16445 SW 92nd Ave. °I Y • On National Register of Historic Places (does not have Tigard leiHistoric Overlay) • 3600 s.f. house • 2acrelot • Zoning:R-4.5 Historic Properties in Tigard • Comprehensive Plan identifies them as important as related to the overall development of Tigard as a diverse community. • Tigard historic overlay does not offer any special benefit.(Properties on the National Register are eligible for some tax benefits.) • Owners can request removal of designation at any time,meaning the potential loss of resource. 4 • r Proposed Code Amendment • City Council directed staff to explore ways that owners of historic properties could generate income to assist in preservation, upkeep and restoration. • One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. Proposed Code Amendment Amends: • Use Classifications Chapter, 18.130 Adds a definition of Meetings and Events Use(for direct or indirect compensation) • Residential Zoning Districts, 18.510 Allows Meetings and Events as a Conditional Use in Properties with Historic Overlay and/or on National Register of Historic Places • Historic Overlay, 18.740 Adds an"incentives for maintenance"section Proposed Code Amendment Amends: • Conditional Use Chapter, 18.330 (Requires a public hearing before a Hearings Officer) Add Development Standards for Meeting and Event Uses in Historic Properties in Residential Zones 5 • • _ Proposed Development Standards • Yearly maximum number of events: 18 • Maximum number of attendees: 12 events-40 max,6 events-200 max • Hours of operation:7 AM-9 PM(all activities must cease at 9 PM) • No outdoor amplified sound systems • Parking plan required for each event • Violations of the conditions of approval or code could result in the revocation of the conditional use permit Historic Sites in Residential Zones Conclusion • The proposed Development Code Amendment complies with the Statewide Planning Goals,the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. • The proposed code language attempts to strike a balance between the interests of those living in residential zones,the owners of historic properties who might wish to engage in this use, and the Tigard community,which has an interest in the preservation of historic resources. 6 • • Staff Recommendation If the Planning Commission can find that the proposal is compatible with the surrounding residential uses, and provides adequate guidelines for approval, the Commission should recommend approval of the code amendments to the Tigard City Council, as determined through the public hearing process. 7 Historic Site Site Characteristics On-street parking Potential Potential: Potential: up to Off-street parking up to 40 200 attendees • attendees 1. Durham Developed with school No Yes Elementary School and large parking lot. , , Surrounded by industrial I ossiblc 1 ossiblc uses 2.John F. Tigard Small house, used as a No Church parking lot House museum, lot owned by across the street Possible Possible Water District 3. "Ye-Olde" Windmill is only structure No No • Windmill , lot is a .13 acre park Unlikely Unlikely 4. Charles F. Tigard 3000 square ft. house on No On-site? Possible Possible House 1.5 acre lot 5. Tigard Farmhouse 2600 square ft. house on No No Possible Unlikely and Windmill '/a acre lot 6. Seven Gables 2500 square ft. house on No No Upshaw House '/2 acre lot Possible Unlikely 7. Gaarde House 2900 square ft. house on No No 1/4 acre lot Possible Unlikely 8. Shavcr-Bilyeu 3600 square ft. house on 2 Limited On-site and high House acre lot school across the Possible Possible street Revised table: Historic Sites in Residential Zones • • November 13, 2006 RECEIVED PLANNING Tigard Planning Commission and Tigard City Council Members NOV 1 4 2006 13125 SW Hall Boulevard Tigard, Oregon 97223 CITY OF TIGARD Dear Tigard Planning Commission and Tigard City Council Members: Dick Bewersdorff Craig Dirksen Sally Harding Sean Farrelly Nick Wilson Tom Woodruff Sydney Sherwood Can you remember the last time you went to 14 weddings in one summer? I do. My family wasn't even invited. In fact, we didn't even have to leave home. With no place to hide, my children were subjected to drunken party conversation and pounding music as they lay in their beds at 9:00 PM. And, if we missed any of the excitement by abandoning our home to avoid the event, we could count on another party the next morning or afternoon or evening. One big party, all summer long, for over three summers in a row, until the City Council heard the voice of the residential neighborhood and pulled the plug on the Quello party business by rightfully denying a Conditional Use permit. This is the first reason to vote no on this amendment: Conditional Use gives unfair advantage to one property owner. Conditional Use of the Quello property limits normal use of nearby properties. The three year test of the party train blasting through evening barbecues, Sunday morning coffee and afternoon naps demonstrated that Conditional Use is adverse to residential use. Whether the events are paid for or not, they dominate the neighborhood with noise, litter and traffic. Conditional Use has already been denied. Changing city code to permit Conditional Use is a backdoor attempt to restore the party business. But, backdoor or front door, Conditional Use unfairly disrupts the home life of neighboring properties. Next, regarding the code change citing a need for Conditional Use to"assist in the upkeep and restoration of properties", the Quellos are already receiving special tax treatment for that purpose. According to Washington County, since 1994 the Quello home, known as the Shaver-Bilyeu House on the National Historic Register has participated in an Oregon historic tax program that freezes taxable value. The Quello home, valued at$790,970 pays taxes on a frozen valuation of$166,060 until June 30, 2009. The frozen valuation is then renewable for another 15 year period. It is a poke in the nose to think that avoiding taxes on at least$625,000 over the course of 30 years isn't a substantial savings for the maintenance and restoration of this historic property. This is the second reason to vote no on this amendment: A significant incentive program by the State of Oregon already supplies historic property owners tax relief dollars for the restoration and maintenance of their property. A secondary program for compensation appears excessive. For the city to support unfair advantage for one property over others and to establish another incentive program when the state provides incentive via significant tax relief could be construed as special interest. Conditional Use has been tried and has failed in this residential neighborhood. I respectfully request that you vote no on DCA 2006-00005. Sincerely, Cheryl Cappelli 16405 SW 93rd Avenue Tigard, Oregon 97224 • S �// T�a//V/ City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use: Activities including meetings, charitable fund raising. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. The property must be publicly owned, or owned and operated by a registered non-profit historical association. b. Yearly maximum number of events: A maximum of 12 historical related events, meetings, or fund-raisers may be held per year, provided that not more than one event occurs in any month. c. Maximum number of persons attending a meeting or event: The maximum • number of persons attending an event shall be 40. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 9 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f. Screening: All areas used for meetings or events shall be screened visually from all adjacent properties with a solid 6-8 foot hedge, wall, or fence. g. Sound systems: Outdoor and indoor amplified sound systems for the meetings or events shall not be permitted. Entertainment is prohibited outdoors at these events or meetings. Entertainment as a part of any commercial use[s] involving fund-raising or compensation is prohibited at the events. • • h. Noise: For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. The City of Tigard shall provide a staff member to monitor each event, including during the event. i. Alcohol: No alcohol may be served or consumed in the historical buildings or on the property at these meetings. j. Parking: A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on-street and off-street parking, and signed agreements with any providers of off-street parking for guests. k. No signs related to the conditional use are permitted. 1. The City of Tigard will process all meeting requests, reservations and fees, establish set prices for any historical site rental or event, monitor revenue raised from any events, and monitor events for non-discrimination compliance. m. Any event or meeting revenue shall be used by the City of Tigard for historical purposes, or given to the Tigard Historical Society to be used for Tigard historical purposes and preservation of historical places, and the funds handled equitably. n. The properties and buildings must meet current commercial codes and public meeting hall fire and safety standards, as well as provide full disabled accessibility. o. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. p. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. q. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places, Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. • S REro NOV 2 0 zoos REC'D � x Gail & Curt Dowler 16515 S.W. 93`d Street Tigard, Oregon 97284 November 20, 2006 Tigard City Council and the Tigard Planning Commission City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Council and Planning Commission Members: We are writing to you concerning a disturbing but not totally unexpected development regarding the proposed development code text changes for historical sites including those in residential neighborhoods. We have already experienced the "benefits" of having a historic home as the focus for weddings and their receptions hosted by Rev. Quello; these events were touted as being quiet, infrequent and small; in truth they turned out to be all summer long and anything but quiet. Most of the activities for these events occurred outside. As Tigard residences who purchased a home, pay our taxes and abide by the laws we were unable to use our deck area; open our windows; and even have refuge inside our house without the invasive sounds of loudspeakers and party chatter, exacerbated by the small canyon creek that increased the already substantial volume of the activities. Who would consciously choose to purchase a home in a neighborhood, supposedly residential, where your neighbor has a business that increases the traffic congestion and has paid social gatherings most or every weekend to the level that you are unable to have a few friends and/or family members at your home to engage in conversation at less than a scream? These events are more than likely to occur outside; the proposed code is a maximum of 18 meetings annually; this can translate into at least one weekend day every weekend from June through September; every weekend day July and August; the scenarios are unlimited as it seems the time range is, 7:00 AM to 9:00 PM, to ensure that actual residents of the neighborhoods are unable to enjoy their property; are we expected to conduct our activities from 9:30 PM to 6:30 AM if we hope to have an atmosphere not charged with total strangers partying? One third of those meetings can have as many as 200 people! Is this compatible with a residential neighborhood? Is this a residential neighborhood you would want to live in, raise your children in and retire in? Does this kind of activity, intrusive to our personal lives, destroying our ability to enjoy our home and our outside area in the small window that is Oregon summer; is this family values and livability? Who will benefit from this, not the families who will be most effected by the invasion with our sense of home destroyed; there will be people coming into our • • "residential"neighborhood that would no longer fit into the definition as residential; people who are here to have a good time and not encumbered by the concerns of the effect on the surrounding community; after all they paid to have a good time in our neighborhood. Initially, if we recall correctly, Rev Quello explained that he wanted to recoup some of the cost in renovating a rundown property and be able to send his son to college; it is very nice that he decided to fix-up the property but it was his choice to purchase it; we think it is wonderful for a father to want his son to have a good education; but on both points we could not come to terms with why the surrounding residential neighborhood needed to give up their sense of home so he could achieve some of his financial targets. Why would the neighbors have to forego basic amenities when we all have things we would like to do; we do not expect our neighbors to relinquish important aspects of their living so we can accomplish our goals. Thank you in advance for taking time to read this letter Gail Dowler Curt Dowler • • • S rr/�✓ Draft -- Schedule Proposal - Tigard Downtown Comprehensive Plan and Development Code Amendments Indicate Opportunities for Public Information and Input November December January February March ' April May June July August - 2006 2007 October 2007 1. Draft Downtown Goals Policies * Briefings:Planning Commission,CCAC * 8. City Council Public Hearing on * 12. Planning Commission Public and Action Measures and Other Stakeholdersz Goals,Policies and Action-Measures Work Sessions (June) 5. Establish Downtown Plan and 2. Propose Administrative Format of 9. Draft Design Guidelines and * 13. Measure 56 Notice Out in June,2007 Downtown Development and Design Zoning Map Designations Locations Standards Concurrent Hearings- Plan Map,Zoning, Standards— Two Track process' Designations,Design Guidelines and Standards * 6. Public Hearing --January /February 2007; * Briefings:Planning Commission, 3.Define the land use districts and Downtown Tigard Comprehensive Plan Goals,Policies CCAC and Other Stakeholders * 14. First Planning Commission Hearings (July) draft the range of allowed uses and Action Measures Hearings Completed in August,20076 10.Draft Development Code Process to *7. City Council Work Session on Goals,Policies and accommodate Downtown 4. Draft Non-Discretionary Type 1 3 *15. Council Work Sessions,Hearings and Decision Action Measures Code Administration4 Dimensional Standards on Planning Commission's Recommendation * 11. Planning Commission Note: During this process a decision will be needed by Public Work Session (May) Planning Commission and Council if a Design/ • Development Review Board should be appointed to help manage the Design Review Process. Ron Bunch,Long Range Planning Manager(November 20,2006) Extension 2427 • I "Two Track Process" refers to allowing an applicant to have the choice of a utilizing clear and objective design standards•- a Type II Process- or a discretionary design review process requiring judgment on part of the review body as to the quality of a proposed design. Typically the discretionary process is conducted pursuant to Type II procedures and often involves decision by a design review board. In addition,there are administrative(Type I) criteria development must comply with such as floor area ratios;parking requirements;height,etc. Some jurisdictions allow these criteria to be adjusted through a the Type III Discretionary Design Review process. 2 During this process,it is expected that there will be a number of small group briefings in addition to the formal citizen involvement meetings. } It is expected that there will be several City Council Work Sessions scheduled throughout the process • 4 This process will reqnire involvement of the City Attorney at key junctures. It is likely that there will have to be conforming amendments to other parts of the Development Code. These will be identified and processed concurrently. • • /i' Comprehensive Plan Update Economy Planning Commission Overview Sean Farrelly,Associate Planner Long-Range Planning City of Tigard November 20,2006 Report on Tigard's Economy • Update from September 25,2006 Planning Commission meeting • Responses to Commissioner questions and comments • Obtained some new data November 20,2006 Economy Report to Planning Commission Current Policies • Statewide Goal 9:prioritizes the protection of land for industrial and employment purposes • Metro Title 4:implements this regionally by designating Industrial and Employment Areas(with limits on retail and other development.) • Tigard:Urban Renewal/Downtown Plan, Washington Square Regional Center Plan November 20,'_006 Economy Report to Planning Commission 1 • • Economy: Inventory Land Use: • 2356 acres(31%of Tigard's land area)is zoned for commercial and industrial uses. w.. .ra.......r.. ey2.nNe u+4..•. Srrota1477'MO Mw n.e.m• aw November 20,2000 Economy Report to Plan.%Commission Economy: Inventory Land Use: Table 1:Comparison of Lana Area by zoning Type Tigard Beaverton wtlsooro Gresham nher•VOtl 000060001 69% 70% aa% 70% 70% CmMer0.1 tea Mbed Use) 20% 19% 23% 12% 7% s,auolnal 11% 11% 33% 18% 23% Fiscal Impact Analyses have shown that on average, commercial/industrial properties demand$0.27 in services for every$1.00 in tax revenue,compared to residential properties$1.15 for every$1.00 in revenue November 20,2006 Economy Report to Planning Commission Economy: Inventory New data obtained form State of Oregon Employment Dept: • Tigard residents in the workforce-25,537 • 37,861(2004 covered employment) November 20,2006 Economy Report to Planning Commission 2 H . . • • Economy: Inventory . . . Tigard has a high jobs to population ratio 0.85 (a 1.0 ratio would indicate an equal number of jobs and residents.)However,70%of Tigard residents commute to jobs outside of Tigard. 145116 7:C9m..mmn.15.1624.cmn J00;PoDVdlon,6r9 440.62.40. roam snenroca &avert=n Wasnvgtn Mwaxo 0000 (20057 0099 Comfy 0009 (3000 To14IPOW6.0on 44.850 14410 79.350 489,785 70.490 House10148 18,655 4.253 30,821 183,465 9,049 Jobs 37,881 4 315 49.255 724 218 15,420 J0002066109n Ra0o 0.65 030 0.62 046 0.75 JOb51HOusebol4 Raba 2.03 1 01 1.60 1 r2 1.70 November 20,2006 Economy Report to Planning Commission Economy: Inventory Top Five Sectors by number of employees: L Retail Trade,7,138 2.Finance and Insurance,4,595 3.Administrative and Waste Services,3,268 4.Construction,3,168 5.Manufacturing,3,129 Top Five Sectors by total payroll 1.Finance and Insurance,5252 million 2.Wholesale Trade, $179 million 3.Retail Trade, $173 million 4.Professional and Technical Services,$157 million 5.Manufacturing,$157 million November 2_0,2_006 Economy Report to Planning Commission Economy: Inventory Top 10 Employers in Tigard(2005): L Renaissance Credit Services(now HSBC) 1,116 2.Tigard-Tualatin School District(Tigard only) 779 3. Meier&Frank(now Macy's) 704 4. Nordstrom 461 5. Oregon PERS 347 6. Costco 341 7. Providence Health Systems 303 8. Ikon Office Solutions 277 9. City of Tigard 267 10.FLIR Systems,Inc. 250 November 20,2006 Economy Report to Planning Commission 3 • • Tigard Future Needs — • Metro assigned Tigard a capacity of 17,801 new jobs by the year 2017.Between 1997 and 2004, Tigard added approx.3,800 jobs(20%of goal) • 2005:Buildable Land Inventory: 45 acres Ind.,51 acres Corn.,45 Mixed Use • Unlikely to be able to annex suitable land for industrial or commercial uses in the future. • The supply of industrially zoned land will likely be inadequate to meet the 2025 forecasted job demand. November 20,2006 Economy Report to Planning Commission Key Points • Tigard has a wide range of economic activities • Tigard is not a bedroom community,although most residents commute outside the City • Tigard has no formal city-wide Economic Development strategy • There is a projected deficit of land for future industrial jobs • Tigard will need to look at an appropriate mix of land uses based on the availability of land. November 20,2006 Economy Report co Planning Commission Please submit any questions,suggestions or changes by December 4. (e-mail sean @tigard-or.gov) November 20,2006 Economy Report m Planning Commission 4 • • COMMUNITY PUBLIC HEARING ITEM: NEWSPAPERS The following will be considered by the Tigard Planning Commission on Monday November 20,2006 at 7:00 PM at the v Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, 6605 SE Lake Road, Portland,OR 97222• PO Oregon. Box 22109• Portland, OR 97269 Public oral or written testimony is invited. The public hearing Phone:503-684-0360 Fax:503-620-3433 on this matter will be held under Title 18 and rules of proce- Email: legals @commnewspapers.com dure adopted by the Council and available at City Hall or the ' rules of procedure set forth in Section 18.390.060E. The Planning Commission's review is for the purpose of making a AFFIDAVIT OF PUBLICATION recommendation to the City Council on the request. The State of Oregon, County of Washington, SS Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard I, Charlotte Allsop, being the first duly sworn, Planning Division (Staff contact: Sean Farrelly) at 13125 SW depose and say that I am the Accounting Hall Blvd.,Tigard,Oregon 97223,by calling 503-639-4171,or by Manager of The Times(serving Tigard, email to sean @tigard-orgov. Tualatin & Sherwood), a newspaper of DEVELOPMENT CODE AMENDMENT(DCA)2006-00005 general circulation, published at Beaverton, in HISTORIC OVERLAY CONDITIONAL USE CODE the aforesaid county and state, as defined by AMENDMENT ORS 193.010 and 193.020, that REQUEST: The applicant is requesting to amend various chap- ' ters of the City of Tigard Community Development Code to allow City of Tigard meetings and events as a conditional use on properties with Tigard Planning Hearing-DCA 2006-00005 Historic Overlays and/or on the National Register of Historic TT10882 Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1). a copy of which is hereto annexed, was Chapter 18.130 USE CLASSIFICATIONS: Add a "Meeting and Event Use" category; 2). Chapter 18.330 CONDITIONAL USE: published in the entire issue of said Add additional development standards for conditional use types to newspaper for allow "Meeting and Event Uses" in residential zones with a 1 Historic District overlay zone and/or on the National Register of successive and consecutive weeks in the Historic Places; 3). Chapter 18.510 RESIDENTIAL ZONING following issues DISTRICTS(Table 18.510.1 -Use Table):Add a use category for November 2, 2006 "Historic Place Meetings and Events" as a conditional use in all residential zoning distracts that have a Historic Overlay and/or are on the National Register of Historic Places; and 4). Chapter £ ftcu' L0 41-e.1f 1 18.740 HISTORIC OVERLAY: Add a General Provision to the C Historic Overlay chapter to include"Incentives for maintenance" Charlotte Alisop (Accounting Man ger) provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones with a Historic Overlay November 2, 2006 Designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740;Comprehensive Plan Policies 1 and 2; C33,...Kkei ,^ and Statewide Planning Goal 1. Publish 11/2/06.TT10882. NOTARY-UBLIC FOR OREGON My commission expires ■ .hCS 1 o�c 1 c�-OQ L7 Acct#10093001 �1-�����-`l�ti��.���,��1 Patty Lunsford �`''�' OFFICIAL SEAL ? RECEIVED PLANNING City of Tigard l C y-� SUZETTE I CURRAN O J � �� NOTARY PUBLJC-OREGON 13125 SW Hall Blvd. ►tt COMMISSION NO 373063 / NOV 2 7 2006 Tigard, OR 97223 ��MY COMMISSION IXlfR.E`S_NOVl--- •• Size: 2 x 6 CITY OF TIGARD Amount Due$100.20 'Remit to address above i • P q Tigard Planning Commission a n_ _Avim NO1E: If you would like to speak on this item, please print your name &address on this form. Agenda Item# 3 1 Page 1 of Date of Hearing 1/- Zo - 0 L Case Number(s) D a 4 v? YZ) (o- (ODD S Case Name /---hS-(-bri c. ©0 e4i4 ,� Ce-dl - P� ih2e-icf Location 6i �,,� ; d � U Please PRINT your name, address, and zip code Proponent (for the.proposal): Opponent (against the proposal): Name: . Name: ��.,OV---`jL Gf}-P0��/ Address: LE 5- S > Z Address: /C9'74,s' SW 93`. e City, State, Zip: -Ct 1...1.-...Q‘ cC 5-72z- City, State, Zip: 77 Tl .,- Name: J . lA� Q Cf. to Name: til, 1 G L etc,1 fJ(r-e,,✓/ r, Address: 1,6 t-(c{S . r• Address: I i 2-2- 5 S W Arryek, C f City,State, Zip: I City,State, Zip: T(c, ayd k g-1 ZZ3 Name: " tt. , Rov AI` Y So er Name: S jvt,v, v‘. Address: 11 . 3 3 S ca - 0a yCte Address: I h.--S4 0 /1495'-41 C City, State, Zip: 1 1 Q(A 0 9 7 9-'4/ City,State, Zip: �Lri (l9/ R" 3 I Name: Name: City0 10,1 c M)C Address: Address: 9g YO 5-1-6 M1 City, State, Zip: , City,State, Zip: / feryz,6 972,7-Y Name: Name: Laml `1b 0 Address: Address: 16 itsr 51,4 13f-a Ail t_ City, State, Zip: Cary,State,Zip:`r\J41t O k - •� • • Tigard Planning Commission IrDC_;nrUD NOTE: If you would like to speak on this item, please print your name &address on this form. Agenda Item# . 1 Page of Date of Hearing 1 1 02 U � � g g � Case Number(s) DU 1O 0 (p _ 000 K.- Case Name l V ezif L CO cep_ 4 -W " Location 61 Le-- J id; Please PRINT your name, address, and zip code Proponent (for the proposal): Opponent (against the proposal): Name: (?JLC.L4 Name: 4D f Address: 6 CI S S ��� "' Address: 111( 54/0 Vii`" `) D4_, City, State, Zip: ( 7 -&-x÷ City, State,Zip: l l 4 6 it Name: a Name: 1 ; } fl p Address: Address: 9 111 r 1/'1 City, Zip: City, Zip: `` ty P tY P 1 1 q i Name: Name: e� , Address: Address: / 5 I S SGI) �/3 City, State, Zip: City, State, Zip: 1G�tizQ, vve, 97v‘2 44 Name: Name: i/� ccoe(/ Address: Address: �2 C Mitt-Pt/t t C i t y, State, Zip: City, State, Zip: t ., Q� O� Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • Agenda Item: 3, Hearing Date: November 20,2006 Time: 7:00 PM STAFF REPORT TO THE U PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE USE CLASSIFICATIONS CHAPTER (18.130). CONDITIONAL USE CHAPTER (18.330), RESIDENTIAL ZONING DISTRICTS CHAPTER (18.510), AND HISTORIC OVERLAY CHAPTER (18.740) FILE NO.: Development Code Amendment(DCA) DCA2006-00005 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130), Conditional Use Chapter (18.330), Residential Zoning Districts Chapter (18.510), and Historic Overlay Chapter (18.740) of the Tigard Community Development Code. The proposed amendments would add a definition of Meetings and Events Use to the Code and allow Meetings and Events Use as a Conditional Use in Properties with a Historic Overlay, and/or on the National Register of Historic Places. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 • LOCATION: All residential zones with Historic Overlays and/or a property on the National Register of Historic Places COMP PLAN/ ZONING DESIGNATION: All residential zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.330, 18.380.020, 18.390.60, 18.510, and 18.740; Comprehensive Plan Policies 1, 2, and 3.7.1;and Statewide Planning Goals 1,2, and 5. STAFF REPORT TO TUF_PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 1 OF 8 DEVELOPMENT CODE AMENDMENT • SECTION II. STAFF RECOMMENDATION If the Planning Commission can find that the proposal is compatible with the surrounding residential uses, and provides adequate guidelines for approval, the Commission should recommend approval to the Tigard City Council to amend the Use Classifications Chapter (18.130), Conditional Use Chapter (18.330), Residential Zoning Districts Chapter (18.510), and Historic Overlay Chapter (18.740) of the Tigard Community Development Code, as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION The City of Tigard has several properties of historic interest. The properties are notable because they represent surviving examples of architectural types or are associated with important figures in the history of the Tigard community. In the Tigard Comprehensive Plan these resources were determined to be significant, outstanding, and needed as related to the overall development of Tigard as a diverse community. Nine properties have Historic Overlay designations. One of these properties is also on the National Register of Historic Properties. An additional property is on the National Register, but does not have a Historic Overlay designation. See Map A for locations of the sites. The owners of properties on the National Register of Historic Places receive some State administered tax benefits. However properties with only the Tigard Historic Overlay do not receive any special benefit. There are associated costs with having a historic overlay, including the requirement of a Type II review of for exterior alternations. Owners of properties with Historic Overlays, or on the National Register, can request removal of the designation at any time. Without the designation the historical, architectural, or cultural resources are often lost. To encourage the protection of historic resources, the City Council directed staff to investigate ways in which owners of historic properties could generate income that could assist in their preservation, upkeep, and restoration, while balancing the interest of neighboring properties in Residential zones. One potential source is to allow the rental of historic resources for meetings and events, subject to conditional use standards. The conditions to allow this use would include limits on the number of events and attendees, noise, and parking. A total of 18 events could be held annually-12 events with up to 40 attendees and 6 events with up to 200 attendees. Staff reviewed the eight historic resources that are in residential zones and prepared Table 1. The two historic properties in commercial zones would presently permit this use. Meetings would most likely be considered an accessory use in the Durham School, at this time. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDIIIONAL USE PAGE 2 OF 8 DEVELOPMENT CODE AMENDMENT • • Table 1: Historic Sites in Residential Zones HISTORIC SITE SITE CHARACTERISTICS MEETING AND EVENT USE POTENTIAL UP TO 40 UP TO 200 ATTENDEES ATTENDEES 1. Durham Developed with school and Elementary School large parking lot. Surrounded by Possible Possible industrial uses 2.John F. Tigard Small house, used as a museum, Possible Possible House lot owned by Water District 3. "Ye-Olde" Windmill is only structure , lot is Windmill a .13 acre park Unlikely Unlikely 4. Charles F. Tigard 3000 square ft. house on 1.5 Possible Possible House acre lot 5. Tigard Farmhouse 2600 square ft. house on 1/2 acre Possible Possible and Windmill lot 6. Seven Gables 2500 square ft. house on '/z acre Upshaw House lot Possible Possible 7. Gaarde House 2900 square ft. house on 1/4 Possible Unlikely acre lot 8. Shaver-Bilyeu 3600 square ft. house on 2 acre Possible Possible House lot t Staff included all properties with a house as having the potential to have 40 attendees at a meeting or event. Staff included properties with lots .5 acres or larger as having the potential to have 200 attendees at a meeting or event. This doesn't take into account whether the site could realistically meet the conditional use requirements. In 2000, a previous Zoning Ordinance Amendment (ZOA2000-0001) sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. A brief search of the codes of neighboring communities did not reveal any language that was identical to the proposed language. Some jurisdictions allow Historic properties only the uses that are allowed in the underlying zone where it is located. However, the codes of the Milwaukie, Washington County and Clackamas County have provisions allowing additional conditional uses, including restaurants, offices, bed and breakfasts and community centers for civic and cultural events, for Historic properties in residential zones that meet certain criteria (including being located on an arterial street.) Additionally the city of Troutdale allows the Planning Commission to authorize any use as a conditional use which can be shown to contribute to the preservation or reuse of the site or structure, subject to the Conditional Use criteria. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 3 OF 8 DEVELOPMENT CODE AMENDMENT • • SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G. Chapter 18.390.060.G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal was met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times newspaper prior to the public hearing. Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Notice was also sent to 830 property owners, all the properties within a 500 foot radius of a Historic property in a residential zone. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Statewide Planning Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 establishes a process for natural and cultural resources to be inventoried and evaluated. This goal has been met by the inventory of local historic resources and the subsequent comprehensive plan updates that identified additional resources. The proposed code amendment could provide the owners of the historic properties additional income that would assist in the preservation, upkeep, and restoration of the properties. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 4 OF 8 DEVELOPMENT CODE,AMENDMENT • • APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the Tigard Times on November 2, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to all of the property owners within a 500 foot radius of a Historic property in a residential zone (approximately 830 owners). The written notices invited public input and included the phone number and e-mail address of a contact person to answer any questions. Comprehensive Plan Policy 3.7.1: Historical-Cultural Resources The policy states "The City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments would likely have the result of supporting this policy by giving property owners a potential source of income that could be used to protect Tigard's Historical-Cultural Resources. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.130: Use Classifications This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. Residents are free to hold meetings and events in their homes on a non-commercial basis. The proposed code amendment requires the addition of a definition of"Meeting and Event Use" as a Commercial Use to distinguish commercial and non-commercial meeting types. This type of use is already implicitly permitted in Commercial zones. Tigard Development Code Chapter 18.330: Conditional Uses The purpose of this chapter is to provide standards and procedures under which a conditional STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC I-FEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL USE PAGE 5 OF 8 DEVELOPMENT CODE AMENDMENT • • use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. The proposed code amendment would add a new section of development standards for conditional use approval of Meeting and Event Uses in Residential zones. The standards specify the use is only allowed in properties in a Historic Overlay zone and/or on the National Register of Historic Places. The standards also address the maximum number of events per year, maximum numbers of persons attending the meeting, hours of operation, light, noise, and parking. The standards also specify that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060.G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060.G states that the recommendation by the Commission, and the decision by the Council, shall be based on consideration of the following factors (reviewed above), including: 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.510: Residential Zoning Districts The major purpose of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods,by encouraging primarily residential development with compatible non-residential development. While the zone is primarily residential, such uses as schools, churches,parks and recreation facilities, and day care centers are conditional uses in residential zones. The conditional use process assures that the uses are appropriate scale and location, and that any off-site impacts are minimized. The proposal to allow meeting and events uses in historic properties in residential zones seeks to minimize the impacts on the surrounding residences, by requiring the applicant to meet standards before receiving conditional use approval. Tigard Development Code Chapter 18.740: Historic Overlay Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. The proposed code amendment would add a new section "Incentives for maintenance" which would allow owners of historic properties to apply for a conditional approval to allow meeting and event uses. This addition could assist in furthering two of the purposes of the chapter, to "facilitate the protection, enhancement and perpetuation of such STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC 1-TEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL,USE PAGE 6 OF 8 DEVELOPMENT CODE AMENDMENT • • improvements and of such districts which represent or reflect elements of the City's cultural, social, economic,political and architectural history" and"promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City." SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works, Long Range Planning Division and Urban Forester have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation,Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services, the Planning Directors of the cities of Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, and the State Historic Preservation Office were notified of the proposed amendments and did not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT As of November 6, 2006 two letters/e-mails and four phone calls were received by staff in response to the public notice. Two letters came from neighbors of the Shaver-Bilyeu Residence (also known as the Quello House.) The letters opposed the code amendment and stated that the meeting and commercial use would negatively impact their properties by increasing noise and traffic. The letters also noted that allowing weddings would result in drunk drivers in the neighborhood. The letters pointed out that the events would most likely take place on weekends, when no Code Enforcement officer is available to monitor noise and the other impacts. Of the four phone calls, three inquired into the meting of the notice, and were neither pro nor con (two were from owners of historic properties, and a third was from a neighbor.) One caller registered strong disapproval at the proposal, saying that it would have the effect of reducing property values of neighboring properties, because of the increased noise and parking problems. Additionally, prior to the notice, one phone call and two e-mails were received by staff in response to a newspaper article in the Tigard Times regarding the Quello House owner's desire to hold weddings and other events (prior to the drafting of specific code language.) One of the e- mails was neutral. The phone call and other written correspondence registered objections about the offsite impacts of allowing weddings and similar events in a residential neighborhood. Response: In order to get a permit for this use, an owner of a historic property would have to go through a conditional use process, with a public hearing before a Hearings Officer. In order to get approval, the owner will have to prove how he or she would meet the development standards, which include complying with the noise ordinance and supplying a parking plan for each event. It is likely that the events will take place during times when no code enforcement officer is available. However, the proposed code language specifies that violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. The owner of the property would have an incentive not to generate neighbor complaints and comply STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC HEARING DCA 2006-00005/HISTORIC OVERLAY CONDITIONAL.USE PAGE 7 OF 8 DEVELOPMENT CODE AMENDMENT • • with the conditional use requirements. Violations would however require an additional process to determine whether to revoke the approval. Please see Attachment 1 for copies of the public comment correspondence, received as of November 7, 2006. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment complies with the Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Staff has presented code language with which to guide and approve any of the proposed uses. It attempts to strike a balance between the interests of those living in residential zones, the owners of historic properties who would wish to engage in this use, and the Tigard community, which has an interest in the preservation of historic resources. The Planning Commission and Council will determine in their judgment whether the proposed code amendment does that or needs to be revised or denied. ATTACHMENT: EXHIBIT A: SUMMARY OF PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. dJ A✓ November 8, 2006 PREPARED BY: Sean Far f' DATE Associa ' .nner , ( •_ November 8 , 2006 APPRO D B : Ric and :ewersdo • DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION 11-20-2006 PUBLIC I-FEARING DCA 2006-00005/I-IIS1'ORIC OVERLAY CONDI.1'IONAL USE PAGE 8 OF 8 DEVELOPMENT CODE AMENDMENT • • Exhibit A City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS, Section 18.130.020 Listing of Use Categories C. Commercial Use types 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting:No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events • • shall not be permitted. g. Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. ;Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places,Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. ;Chapter 18.510 RESIDENTIAL ZONING DISTRICTS; (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R1/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C CC Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services CC C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C CC COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N • • TABLE 18.510.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C12 C12 C'2 C'2 C72 C12 C'2 C12 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co co C'o INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 7See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. • • 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. }} '-,71--1--1 Ir {L.}(� Map A .--- i-1 l� t - - l f----1.-JT- _' Y J �J I c I 1 n ,ri 1 -�-� f 41;, 1 ;. "4<< r C= Historic Sites 1 T aGF LT-T-7 I— [ rl 1 -- 1 )., __I,f' J f J I F __, ~3 ° I Residential I\ 1 1 , ; L L� r' i' ` ` � _ l 4; - , __- II . , ,- - 1 - . Zoning Districts 1 ",A, \• , J 1_' f --j -FERRY---{ _.,I -,l / 7Iii - - - i ! I I City oTard I Oregon .f z I, , 7' , _ , .r , di it- Twill' \ I I\\ \ I G lu,a (.,;, , /� \\ ' I I Y �_ _ 1` Rf FRB RG� i nas 1 � -- �1111 '' �� I "'� 1 J n�! ir,.., 1 I 1 1 11 I�►\\ f}/1 eil i \9 � ,,;;i Ii ! ` � ) „. 4.4 1_ i Historic Site/:1 Q i !~, l ~,y� d I I Zoning District ®�m `� �°��,� I ' Boundary 1+ L - �: Hf I ` {/ ,\ \ . 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'..4„,,,,,:,..7„gr I , I ` 1 T LI r-4--1 \, /� � .:;',Z ::41 edb m,� w•Smd,.n I I I I 1 _--��_.1 �\ I c— - r- \�� tz r 1__ uiE dM1v J. x V N • • Attachment 1 October 29,2006 I am dismayed that this issue is being revisited because of the number of hearings I attended and letters I wrote to protect my own property rights in 2002 and 2003. Mr.and Mrs.Quello are retired and have time to woo new neighbors and city council members who were not present during the original hearings. I am a full-time home health nurse and single parent of 2 children. Yet again 1 have to take time away from work and parenting to respond to the harmful actions of a neighbor. The issues remain the same. I live in Kneeland Estates lot 13. The weddings of 2002 took place in the north side of the Quello property that borders a natural gulley. Physically,the weddings were within 20 feet of my home. His home is at least 80- 100 feet from the section of property used for the weddings. When the weddings were first his daughter and a few families he knew,we decided as a neighborhood to be respectful and to not use our back yards during those times. However, when he added weddings for pay and without any business license or consultation with the city,we changed our minds. There were weddings on both Saturday and Sunday, both afternoon and evening when we wanted to mow our lawns or let our dogs and children run in the backyard. Noise started mid afternoon and ran into 10 pm or later.As a nurse, I work a lot of weekends and need to be up by 4 or 5 am. Many of us have young children or just find our backyards as a place for quiet solace. The weddings impacted us to the point where our backyards were unusable during the primetime summer months. The property borders Lot 13 through Lot 22. The natural gulley acts as a sound tunnel that funnels noise/music to the whole neighborhood. There was no noise monitoring and no recourse for neighbors on the weekends to report noise violations. Additionally,the walls and windows of my living room and 2 bedrooms that are adjacent to our shared property line shook due to the music. My children and I had to leave home or live in the family room. The new neighbors who moved in after 2003 have no idea how bad it was. In the original hearings,the neighbors that spoke in favor of the weddings live adjacent to the south end of the property and were not impacted due to the natural tree buffer and the Quello house is between their property and the location of the weddings. Mr.Quello was using private property for his guests for parking, that is the parking that is across 92nd Avenue that belongs to Tigard/Tualatin school district. The school district has first priority on the property,the soccer and baseball groups second. He was using the parking without permission in 2002 for his income-generating business. In the 2003 hearings,he behaved as if he was entitled to use this parking. As the school and sports clubs have more and more activities,that parking is currently being used for what it was intended. There were several large weddings in which champagne was served and then guests drove themselves home. I found many corks in my backyard. Allowing impaired drivers near evening school activities is a setup for disaster. The Quellos moved into their home in 1990. His wife and children slept on the floor of my living room that summer until their home was livable. My ex-husband and his friend helped paint and repair their home. I remember how bad the property was prior to them buying it and they did do a service to the community. At no time did they disclose any plans to use their home as a business. They now have a historical designation and get a reduction in taxes. The rest of the neighborhood has repaired and improved their homes but get no such designation. Mr. Quello commented in the original hearings that the neighborhood is already impacted by the Balloon Festival and the marching band and sports activities. However,these activities are public events or school activities, not private-for-profit events. If I am bothered by the drummers practicing under the stadium,using it like a performance shell so it sounds like they are in my living room,or if someone forgets to turn off the lights in the stadium so they shine in my bedroom at midnight, I have recourse. There is no one to call at 9 pm on Saturday about noise/music at the Quellos who can enforce any noise ordinance. This is not an appropriate use of the police and the neighbors have had no recourse in the past. Since no police knocked on his door, he has behaved as if the noise is okay. Mr.Quello has threatened several times to sell and rezone his property for apartments. 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' c" i • • October 25, 2006 Honorable Mayor Craig Dirksen, and Tigard City Council Tigard City Hall 13215 SW Hall Blvd Tigard, OR 97223 Honorable Mayor, An article in the Tigard Times on August 24, 2006 alerted me and my wife to the fact that the Rev. and Mrs. Quello were again attempting to gain approval from the City to allow weddings and other public events on their historic property. Since we are going to be out of the country during the month of November, we wanted to make sure that we had the opportunity to go on record publicly in opposition to any changes in the code that might allow the commercial use of this property for weddings and other commercial outdoor events. Almost all of the neighbors who opposed their 2000 request to allow weddings still live in the neighborhood. We remember all too well how in one summer in the late 1990's there were a couple weddings, and then at least one almost every weekend the following summer. Fridays or Saturday mornings would bring a rehearsal with the testing of the mikes, etc. Later in the day we were treated to the wedding march (usually Pachelbel's Canon in D) over the loudspeakers. After the vows came the soloist followed by the rumble of a large crowd before the D.J. music went on into the night. Only after the fact did the City Council consider these issues. We were given assurances around this time by Rev. Quello that we should not be concerned because the weddings"would only take place on about 14 weekend days during the summer." These are the same weekends that the neighbors work or relax in their own backyards. Yet on one occasion early in that season the Rev. Quello approached a neighbor who was mowing his lawn and asked him if he would wait until later to do this weekend chore so it would not interfere with the wedding. Although he was concerned that we not disturb the weddings, around that same time he installed a concrete pad and a tent for receptions near the North side of their property line just a few feet from the property line of their neighbors. Further, even though there is some distance between the Quello house and the homes to the rear of their property, sounds reverberate to the West and down the creek because of the slight gully created by the marshy area and creek behind their property. The weddings impacted the whole neighborhood. j(Sean Farrelly-Quello House • Page 1 From: "Miller, Lesli" <Imiller @jesuitportland.org> To: <dick @tigard-or.gov>, <sean @tigard-or.gov>, <tomc @tigard-or.gov> Date: 10/4/2006 11:00:02 AM Subject: Quello House Hi there! I don't know if my input will be too late, but I did want to submit something. I live on SW 93rd. Basically my neighbors across the street's backyard backs up the the Quello house. I have mixed emotions about this whole thing. While I do understand the concerns of my fellow neighbors , i.e parking issues, noise, loitering, etc. I also know that it is no different then what we all deal with at a Friday night Football game, Graduation, Fourth of July or the Balloon Festival. So I don't understand why this would be any different. Maybe because it might be several times in a year, who knows. I have had the opportunity to meet the Quellos and my four-year old daughter loves their horse. They have the right to operate a business out of their home, don't they? But in the same sense, we as neighbors also have a right to enjoy our evenings at home without hearing somebody's wedding toast. I don't envy your jobs Lesli R. Miller Campus Receptionist Volunteer Coordinator • • City of Tigard Engineering County of Washington CC4c O� C G State of Oregon Mr. Dumas: For two years I have been requesting of the City if Tigard to reduce the speed limit from the current speed of 35 mph.to a speed of 20 mph. Appropriately the speed between 7a.m. and 5p.m. Monday thru Friday is 20mph. FACT: This Street is only 3 blocks long FACT: The entire east side of those 3 blocks is Tigard high school FACT: Those same 3 blocks have what appear to be 130 illegal dangerous parking spots that require the driver to back blindly onto the road. FACT: The west side of the street has 14 residential driveways. FACT: The end of the 3 blocks is the entrance to Cook Park where the posted speed is 15mph If someone will check the record to see the combined activities of: 1. The use of the fields by the actual high school students, Football, Baseball, Soccer etc. 2. The renting out of the fields ALL NITE AND ALL WEEKEND! 3. The extensive use of the fields in Cook Park ALL NITE AND ALL WEEKEND 4. The community events i.e. Balloon festival,Chinook Soccer championships etc. They would see that there are more bodies and cars in the evening and weekends than there are most days. Any one attending these events can't evren find parking!!! Check with the Tigard police and see how many tickets they have issu djDr parking violations! Most people are either elderly(watching their grandchildren) or small children watching brothers and sisters. ANYONE DRIVING 35 MPH SHOULD BE PUT IN JAIL!!! And yet it is the posted speed. Why is this accident waiting to happen? Where are our moral responsibilities to the community? Does one of our loved one need to be killed before someone applies common sense to this situation? Awaiting your response: Mark Walker Citizen and father q7(- 5-G3 - 71S3- • • 1 Hello neighbor, Tigard's City Council is considering amending city code that will affect all historic property in Tigard, allowing private events to be held at each. There will be a public hearing (date to be determined) and a code amendment proposal will be put forth. There are at least 10 historic properties in Tigard, but changes would only pertain to 2 or 3. These changes would especially pertain to, and allow events at The Quello House in our neighborhood on SW 92nd Avenue. Code 'language' has not been written and 'conditional use' restrictions have not been defined, but some of the considerations are: • Number of annual events l S O M•RA <4 r i • • Time limitations Pow • Addressing sound issues QY N' Q • Providing adequate parking .o We-ek - t`Q Qa r ©v� a`iev�y even NI historic properties would have to address each restriction prior to obtaining a permit once a code change: go into effect. As a local homeowner you need to make your concerns known every step of the way. You can write your city council members and express your opinions right now, prior to October hearings. Dick Bewersdorff, Planning Manager and Sean Farrelly,Associate Planner have already received some phone calls from concerned neighbors. We have been encouraged to put everything in writing so that they can keep a better record of our opinions. Please contact these people at City Of Tigard Oregon 13125 SW Hall Blvd Tigard, OR 97223 Dick Bewersdorff Sean Farrelly Tom Coffee Planning Manager Associate Planner Community Development 503-718-2432 503-718-2420 Director dic kCa tigard-or.gov sean( tioard-or.gov 503-718-2443 tomce.tiaard-or.aov Council Members are: Mayor Craig Dirksen aigdOt. ioard-or.gov r" a Councilor Nick Wilson nickw( jiaard-or.aov \s Councilor Sydney Sherwood y y rwood svdnevCcDtigard-or.gov Councilor Tom Woodruff tomwartioard-or.gov Councilor Sally Harding sallvh(aftigard-or.00v * 141b411410 eIN 41. VIS4 Thank you for your time, ` ® z=, Neighbor Cary Holzwarth, 503-684-2008 SW Millen Drive tf G September 27, 2006 , Cle*:k9):/ski&l*AaX Cary and Benton Holzwarth 9240 SW Millen Dr. Tigard,OR Dear Members of the Tigard Planning Commission and Tigard City Council: We are writing today in regard to the hearing to be held affecting the Historic Overlay Conditional Use Code Amendment that is before the Tigard Planning.Commission and the Tigard City Council. My husband and.I are homeowners at 9240 S.W.Millen Dr. Our property shares a few line with the Quello's,one of the historic properties that would benefit from this fit. The concrete pad the Quello's poured for their tent is about 15 feet from the property line between our yards and less than about 50 feet from our back door. Conversations,music and DJ announcements all carry over well into our yard: When we're heady to turn.in early with the rear windows open on a summer evening,how late will we have to listen to his party revelers before we can get to sleep? Likewise,we would assume our dog barking,lawn mowing and other noise would carry over to his yard. Dan may be expecting it; it may be his guests that are caught off guard with the noise of our activities. The first time that this conditional use amendment was considered,Mr.Quello used the Tigard High School parking adjacent to the soccer and football fields,directly across from his home. School activities and the use of that parking have grown steadily over the years. I don't know how he would be able to provide convenient parking for the guests that would be attending his functions. You might check with the police department as to how many tickets they've written for illegal parking this season. Knowing that only a small fraction of violators are actually ticketed;you might have some appreciation for how saturated the street parking already is*ail- through the spring,summer and fall seasons. With the steady stream of cars rolling up and down 92. heading.to Cook park or trolling_for spaces,it already des as much as a.couple_minutes patient waiting before we on foul a gap to miter 92' from Milieu. (Please see the attached photos fora`typical Saturday afternoon' on Millen Dr.adjacent to 42nd,and views to the.left and right on 9r from the corner of Millen.) Two more problems_to_cons_ider are the trash(corks and battles).that were littered.around_the. neighborhood following his previous events,and the risks cleated by drivers who have been drinking. We knew when we moved-here-that there would-be football prim soccer Saturdays and community activities at Cook.Park.. There are already enough of strange people in our. neighborhood,do we need additional cars and people added to what we already need to contend with? We feel his chosen business is simply not compatible with a residential neighborhood. We think the sort of operation he intends really needs to be held in a more rural location or he needs to provide more buffer space between his neighbors and his guests. We recognize that this property would be a beautiful setting for aparty or a wedding,but asking the surrounding neighborhood to subsidize him through our loss of utility,after already subsidizing him through.his tax-rate freeze,does not seem fair or at the very least neighborly. We urge you to vote against this code amendment. \\In- occ 01.7 (1 ill r_iI I!N,R 4r'C6f1 3 I Acf O l 0 '7.';•1;131;11•114•.'.•••:...V•ii'l..i...:+14....1:;......'!„:„...... 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The purpose of this chapter is to classify uses into a limited number of use types on the basis of common functional, product or compatibility characteristics, thereby providing a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. 18.130.020 Listing of Use Categories A. Residential use types. 1. Household Living: Living facilities for small groups (households) of people who are related or unrelated, featuring self-contained units including facilities for cooking, eating, sleeping and hygiene. Tenancy is longer than one month. Includes most types of senior housing, e.g., congregate care, assisted living, if residents live in self-contained units. The maximum number of people who may reside in any given dwelling unit shall be determined by the Uniform Building Code. 2. Group Living: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/ convalescent homes, residential care/treatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. Does not include detention and post- detention facilities(see 18.130.020 E.3., Detention Facilities). 3. Transitional Housing: Public or non-profit living facilities with same characteristics as Group Living but with tenancy less than one month. Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. Excludes private, profit-making short-term housing (see 18.130.020 C.1., Commercial Lodging); and detention and post-detention facilities(see 18.130.020 E.3., Detention Facilities). B. Civic use types. 1. Basic Utilities: Community infrastructure, including water and sewer systems, telephone exchanges,power substations and transit stations. 2. Colleges: Institutions of higher education with/without dormitories. Excludes private, profit- making trade and vocational schools(see 18.130.020 C.1., Personal Services). Use Classifications 18.130-1 Code Update: 09/06 • • 3. Community Recreation: Public or non-profit recreational, social and multi-purpose facilities. Examples include: community centers, senior centers, indoor and outdoor tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks, playgrounds, picnic areas and golf courses. Excludes commercial recreational facilities(see 18.130.020 3.C.3.c, Indoor Entertainment). 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. 5. Day Care: As defined by Oregon State Statute: a. Family Day Care: Provision of day care services for children, with or without compensation, in the home of the caregiver. May provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the school year, a family day care provider may care for four additional children on days and during the hours that school is not in session. Such children must be as least an age eligible for first grade. During summer vacation, a provider may care for four additional day care children of any age up to a maximum of four hours per day. No more than a total of 10 children including the provider's own children may be present at any one time. b. Day Care Group Home: Day care facility in which care is provided in the home of the caregiver, with or without compensation, for 7-12 children. It is subject to certification by the Children's Services Division. c. Institutional Day Care: Day care facility operated with or without compensation that is certified by the state to care for 13 or more children,or a facility that is certified to take care of 12 or fewer children and located in a building constructed as other than a single-family dwelling. Typical uses include nursery schools, pre-schools, kindergartens, before- and after- school care facilities or child development centers. 6. Emergency Services: Public safety facilities including police and fire stations, emergency communications and ambulance services. 7. Medical Centers: Facilities providing inpatient, outpatient and emergency and related ancillary services to the sick and infirm. Usually developed in campus setting. Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. Medical centers may also include free-standing offices for hospital-based and/or private-practice physicians and other allied health care professionals;these medical office buildings are regulated as Offices. 8. Postal Service: Refers to postal services and processing as traditionally operated by the U.S. Postal Service, United Parcel Service or other similar entities. Such facilities include customer sales,mail sorting and fleet truck storage. 9. Religious Institutions: Places of religious worship which may include related accessory uses such as offices, classrooms,auditoriums, social halls,gymnasiums and other recreational activities. 10. Schools: Public and private elementary,middle and high schools. Use Classifications 18.130-2 Code Update: 09/06 • • 11. Social/Fraternal Clubs/Lodges: Non-profit organizations with social, philanthropic and/or recreational functions and activities. C. Commercial use types. 1. Commercial Lodging: Residential facilities such as hotels, motels, rooming houses and bed-and- breakfast establishments where tenancy is typically less than one month. May include accessory meeting and convention facilities and restaurants/bars. 2. Eating and Drinking Establishments: Establishments which sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns, brew pubs and espresso bars. 3. Entertainment-Oriented a. Major Event Entertainment: Facilities such as auditoriums, stadiums, convention centers and race tracks which provide athletic, cultural or entertainment events and exhibits for large groups of spectators. b. Outdoor Entertainment: Facilities with extensive outdoor facilities including outdoor tennis clubs,golf courses and shooting ranges. c. Indoor Entertainment: Commercial indoor facilities such as health/fitness clubs, tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling alleys, arcades, shooting ranges and movie theaters. d. Adult Entertainment: Facilities including adult motion picture theaters, adult video/book stores and topless, bottomless and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 4. General Retail a. Sales-Oriented: Establishments which consumer-oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products;jewelry; pets and pet products; pharmaceuticals; plant;printed materials; stationery and videos. Excludes large- scale consumer products (see 18.130.020 C.4.d); and those sold primarily outdoors (see 18.130.020 C.4.e,Outdoor Sales). b. Personal Services: Establishments which provide consumer services such as banks and credit unions; barber and beauty shops; pet grooming; laundromats and dry cleaners; copy centers; photographic studios;trade/vocational schools;and mortuaries. c. Repair-oriented: Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment;tailors and seamstresses; shoe repair; locksmith and upholsterer. Use Classifications 18.130-3 Code Update: 09/06 • • d. Bulk sales: Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. e. Outdoor sales: Establishments which engage in sales requiring outdoor display and/or storage including lumber yards and nurseries. f. Animal-related: Animal breeding and boarding facilities. Excludes pet sales/supplies (see 18.120.030 C.4.a, Sales-Oriented); animal grooming(see 18.130.20 C.4.b, Personal Services); and veterinary clinics(see 18.130.020 C.6.,Offices). 5. Motor Vehicle Related a. Motor Vehicle Sales/Rental: Includes car, light and heavy truck, mobile home, boat and recreational vehicle sales,rental and service. b. Motor Vehicle Servicing/Repair: Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an accessory to new vehicle sales. c. Vehicle Fuel Sales: Establishments engaging in the sale of gasoline, diesel fuel and oil products for cars,trucks,recreational vehicles and boats. 6. Office: Government, business and professional offices. Examples include local, regional, state and federal offices and agencies; medical, dental and veterinary clinics and laboratories; blood collection centers; offices for attorneys, architects,accountants,engineers, stockbrokers,real estate agents, mortgage bankers, insurance brokers and other consultants; headquarters offices; sales offices; and radio and television studios Also includes painting, landscaping, building and janitorial contractors where the indoor storage of materials and equipment are incidental to the office use. If this storage exceeds 50% of occupied space, such uses are classified as Industrial Services (see 18.130.020 D.1) Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. 7. Non-Accessory Parking: Any private or public parking, either paid or free, which is not an accessory to a primary use; includes public and private parking structures and lots, and transit park-and-ride lots. May also include free-standing fleet vehicle parking lot. 8. Self-Service Storage: Commercial operations which provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Does not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see 18.130.020 D.5, Warehouse/Freight Movement). 9. Meeting and Event Use:Activities including parties, weddings, luncheons, meetings, charitable fund raising, or other gatherings for direct or indirect compensation. D. Industrial use types. Use Classifications 18.130-4 Code Update: 09/06 • • 1. Industrial Services: Includes the repair and servicing of industrial and business machinery, equipment and/or products. Examples include welding shops; machine shops; repair shops for tools,scientific/professional instruments,and motors; sales,repair, storage,salvage or wrecking of heavy machinery, metal and building materials;towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry,dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 2. Manufacturing and Production a. Light Industrial: Includes production, processing, assembling, packaging or treatment of finished products from previously prepared materials or components. All activities and storage is contained within buildings. Examples include the manufacturing and assembly of small-scale machinery, appliances, computers and other electronic equipment; pharmaceuticals; scientific and musical instruments; art work, toys and other precision goods; sign-making;and catering facilities. b. General Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. All activities are contained within buildings although there may be some outside storage of raw materials. Examples include food processing; breweries, distilleries and wineries; production of apparel or textiles; woodworking including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; manufacturing and production of large-scale machinery. c. Heavy Industrial: Manufacturing, processing and assembling of semi-finished or finished products from raw materials. A substantial proportion of activities and storage may be undertaken outdoors with resulting noise, glare, vibration and other potentially adverse impacts. Examples include energy production facilities;concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing; production of cars,trucks,recreational vehicles or mobile homes. 3. Railroad Yards: A terminus of several railroad lines where the loading, unloading, transshipment and switching of rail cars is undertaken. 4. Research and Development: Facility featuring a mix of uses including office, research laboratories and prototype manufacturing. If no manufacturing component, considered Office use (see 18.130.020 C.6). 5. Warehouse/Freight Movement: Uses involved in the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with significant truck and rail traffic. Examples include free-standing warehouses associated with retail furniture or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals; bus barns; grain terminals; and stockpiling of sand, gravel, bark dust or other aggregate and landscaping materials. 6. Wholesale Sales: Involves sales, leasing or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public is limited. Examples include the sale or rental of Use Classifications 18.130-5 Code Update: 09/06 • • machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies,janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing,auto parts,and building hardware. 7. Waste-Related: Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses which collect sanitary wastes, or uses that manufacture or produce goods or energy from he composting of organic material. Examples include recycling/garbage transfer stations; land fills; composting, energy recovery and sewage treatment plants. E. Other use types: 1. Agriculture/Horticulture: Open areas devoted to the raising of fruits,vegetable, nuts,nursery stock and/or flowers; may include on-site sales of products grown on the site. Excludes nurseries,which are classified under Outdoor Sales(see 18.130.020 C.4.e) 2. Cemeteries: Facilities for storing human remains. Accessory uses may include chapels, mortuaries,offices,maintenance facilities and parking. 3. Detention Facilities: Uses which have the characteristics of Group Living but are devoted to the housing, training and supervision of those under judicial detention. Examples include prisons, jails, probation centers, juvenile detention homes and related post-incarceration and half-way houses. 4. Heliports: Public or private facilities designed for the landing, departure, storage and fueling of helicopters. 5. Mining: Uses which mine or extract mineral or aggregate resources from the ground for off-site use. Accessory uses may include storage, sorting and transfer facilities. 6. Rail Lines/Utility Corridors: The regional corridors in public or private ownership dedicated for use by rail lines; above-grade or underground power or communication lines; water, sewer and storm sewer lines;or similar services. 7. Wireless Communication Facilities: Includes publicly- and privately-owned towers and related transmitting equipment for television, FM/AM radio, cellular and two-way radio and microwave transmission and related ancillary equipment buildings. Does not include radio/television transmission facilities which are part of the public safety network; see Basic Services. Does not include amateur(ham)radio antennas or towers. (Ord. 06-13) 18.130.030 Unlisted Use: Authorization of Similar Use A. Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. B. Process. The Director shall render an interpretation,as governed by Chapter 18.340 Use Classifications 18.130-6 Code Update: 09/06 • • C. Approval standards. Approval or denial of an unlisted use application by the Director shall be based on findings that: 1. The use is consistent with the intent and purpose of the applicable zoning district; 2. The use is similar to and of the same general type as the uses listed in the zoning district; 3. The use has similar intensity, density, and off-site impacts as the uses listed in the zoning district; and 4. The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. I. The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use. 2. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone.■ Use Classifications 18.130-7 Code Update: 09/06 • • Attachment 3 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; b. An 10% increase in dwelling unit density; c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Conditional Use 18.330-1 SE Update: 10/04 • • e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions;and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.390.050. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Conditional Use 18.330-2 SE Update: 10/04 • • 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location,topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; Conditional Use 18.330-3 SE Update: 10/04 • • 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic,tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery,preschool, elementary,junior, middle, or high school; (3) Day care center, nursery school, resident care facility or hospital; Conditional Use 18.330-4 SE Update: 10/04 • • (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph (a)above is listed; c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; Conditional Use 18.330-5 SE Update: 10/04 • • b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more,along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. 6. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. 7. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots,the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. 8. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. 9. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; Conditional Use 18.330-6 SE Update: 10/04 • • b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 10. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 11. Cemeteries: a. The minimum lot size shall be five acres; b. Setbacks: (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet;and (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street,plus meet visual clearance areas, Chapter 18.795; Conditional Use 18.330-7 SE Update: 10/04 • • (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. 12. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3)The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.765; 14. Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. 15. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and Conditional Use 18.330-8 SE Update: 10/04 • • e. Off-street parking shall be in accordance with Chapter 18.765. 16. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 18. Manufactured/Mobile Home Parks(Also see Chapter 18.750): a. Minimum lot size shall be one acre; b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; Conditional Use 18.330-9 SE Update: 10/04 • • f. Landscaping shall be equal to 20%of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 19. Children's Day Care: a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. 20. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk- up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. Conditional Use 18.330-10 SE Update: 10/04 • • h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s)at any time. 21.Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number of persons attending a meeting or event: The maximum number of persons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number of persons attending an event shall include all persons present on the property and participating in any way in the meeting or event, including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7 AM and 9 PM. All activities related to the meetings or events, including clean-up must cease by 9 PM. e. Lighting: No light source used for the meetings or events shall be directed at another property. All light sources shall be screened, hooded, or covered. f Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. g. Noise: For the purposes of noise regulation, the provisions of Section 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on- street and off-street parking, and signed Conditional Use 18.330-11 SE Update: 10/04 • • agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.33030.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. 1. The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. • Conditional Use 18.330-12 SE Update: 10/04 • • Attachment 4 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services--at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts A. R-l: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate Residential Zoning Districts 18.510-1 Code Update: 06/02 • • attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited(N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510-2 Code Update: 06/02 • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C CC Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C CC C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C CC COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N Residential Zoning Districts 18.510-3 Code Update: 06/02 . • TABLE 18.510.1 (CON'T) USE CATEGORY �R/-1 R-2 R-3.5 R-4.5 R-7 �R/-12 R-25 ,R-40 Historic Place Meetings and Events �L. 2 C2 C2 C'2 C'2 Q. 2 C'2 C, 2 Motor Vehicle Related +r - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co co co INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R' P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Residential Zoning Districts 18.510-4 Code Update: 06/02 • • 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 Limited to properties that have a Historic Overlay and/or are on the National Register of Historic Places. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone,the minimum density for each zoning district has been established at 80%of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. Residential Zoning Districts 18.510-5 Code Update: 06/02 • • TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size -Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit[1] 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. -Duplex lots 90 ft. 90 ft. 50 ft. -Attached unit lots 40 ft. Maximum Lot Coverage - - - - 80%[2] Minimum Setbacks -Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. -Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. -Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. -Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - ,- - 20% [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. TABLE 18.510.2-(Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-12 R-25 R-40 STANDARD MF DU* SF DU** MF DU* SF DU** MF DU* SF DU** Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft.per unit 1.480 sq.ft. 3,050 sq.ft.per unit None None -Attached unit 1,480 sq.ft. None -Duplexes 6,100 sq.ft.or 3,050 sq.ft.per unit None -Boarding,lodging,rooming house 6,100 sq.ft. Average Lot Width None None None None None None Minimum Setbacks -Front yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side facing street on corner&through lots 20 ft. 10 ft. 20 ft. l0 ft. 20 ft. 10 ft. -Side yard 10 ft. 5ft.[1] 10 ft. 5ft.[1] loft. 5ft.[1] -Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. -Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. _ 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Coverage[2] 80% _ 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% 20% 20% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit Residential Zoning Districts 18.510-6 Code Update: 06/02 • • 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments.■ Residential Zoning Districts 18.510-7 Code Update: 06/02 S • Attachment 5 DCA2006-00005 Proposed ADDITIONS indicated by Italics and Bold Chapter 18.740 HISTORIC OVERLAY Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: 1. Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing,and public welfare of the City;and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas;and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. Historic Overlay 18.740-1 11/26/98 • 18.740.030 General Provisions A. Approval of exterior alterations. Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance, nor may any new structure be constructed in an historic district unless approved by the Director. B. Approval of demolition. No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource;and 2. Artifacts from the resource it deems worthy of preservation. E. Incentives for maintenance. In an effort to assist in the eeplseep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of f Historic Places,Meeting and Event Uses may be permitted, saebject to Conditional Use approval, in all residential zones. 18.740.040 Approval Process A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010, Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Historic Overlay 18.740-2 11/26/98 • • c. The site or area is identified with historic personages, or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or e. The proposed site or area is a notable work of a master builder,designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public;or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Historic Overlay 18.740-3 11/26/98 • • 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure;and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures;the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- of-way,and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390, Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020, must include the following information. Specific information to be contained in each of the following is available from the Director. 1. Site plan; 2. Architectural drawings; 3. Landscape plan; 4. Sign drawings.■ Historic Overlay 18.740-4 11/26/98 Jerree Lewis - Brewins-written_testimon. • Page 1 November 8, 2006 Submitted for the Public Record To: Tigard City Council Tigard Planning Commission City of Tigard, Planning Dept. From: 1) Michael Brewin, and 2) Sharon Brewin, property owners 11225 SW Morgen Ct., Tigard, Oregon 3) Michael Brewin/SOULJAZZ LLC an Oregon business Regarding: City of Tigard DCA 2006-00005 PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones Introduction: Michael and Sharon Brewin are resident property owners in Tigard,as well as owners of a local business. Mr. Brewin is a historian(US History)who has taught at Portland State University,Portland Community College,and Clackamas Community College. He has also been an events producer/consultant for almost 40 years, including directing hundreds of concerts and events at Portland State University and co-producing jazz festivals. He is an expert in these fields,and in related matters (professional musician and audio production). He has also served as a City of Tigard facilitator,on the advisory board of the Tigard Chief of Police,and as an aide to the Hon. Ron Wyden. Mrs. Brewin is a mathematics instructor at Portland Community College,and she taught 31 years in the public schools. The Brewins have lived in Tigard since the 1980s. Mr. Brewin,Mrs. Brewin,and Souljazz LLC hereby register their opposition to this proposal,request this written submission(and all attachments)and their objections be made part of the record,request they be notified of any subsequent hearings and a final decision,and they call into question the representations, process, legality,amendments, fairness,appropriateness,and any alleged necessity or justification provided, based upon a number of I) procedural and II)substantive issues [+photosl, which we shall articulate herein. They call for the rejection of these inequitable and invasive amendments: these proposals (as written)would introduce broad, inappropriate and prohibited commercial uses into residential zones; would generate parking/traffic problems,public noise nuisances,public safety issues,and invade citizens' privacy in residential zones;would confer monopolistic commercial uses upon a handful of private property owners for their own 1 Jerree Lewis- Brewins-written_testimon.c • Page 2 benefit;and would be inequitable to the other 45,000 citizens of Tigard—residents, property owners and businesses alike. The broad uses cited/permitted in the proposal text (which was not mailed to affected property owners in the residential zones,nor were the addresses of the locations)do not even relate directly to any appropriate"historical" activities or purposes, for the most part. There are no provisions that the city will pro-actively,responsibly enforce or accurately monitor these event uses(attendee numbers,traffic,noise,and public safety),nor the facilities(full commercial code compliance, full ADA standard disabled accessibility (including bathrooms), fire marshal and health inspections,smoke detectors/fire alarms/sprinklers and posted exits, sufficient commercial use liability insurance),nor for compliance to all federal,state,county,and local non-discrimination laws and commerce regulations which pertain to renting/leasing,hiring, and pricing policies or practices,etc. which might discriminate on the basis of race, religion,ethnicity,gender, sexual orientation,age,nationality,and political or personal beliefs. Neither should the city aid and abet nor engage in promoting the"establishment of religion" for any alleged "historical site"receiving such status or exclusive commercial use privileges. Furthermore,the permanent introduction of such invasive"parties"and"weddings"etc. with up to 200 attendees(and probably 100 motor vehicles)would harm the real estate market sales values of adjacent and nearby properties. Since this negative situation did not exist previously,and since this would be the fault of local governmental action,then any and all such affected property owner[s] would have every right to hold the City of Tigard liable for actual and punitive damages, costs, fees, and other restitution,at any time in the future. Please note that this hasty, ill-advised community development code amendment process originated for the sole benefit of one private property owner who apparently approached city officials,and there are fundamental problems entailed in the process,at every step. Argument I: The process has been fundamentally flawed, misrepresented, handled incorrectly, and has not been executed in full accordance with the spirit and letter of prevailing Oregon statutes. The process began with a Mr. Quello apparently contacting City of Tigard officials,who introduced a City Council meeting agenda item essentially on his sole behalf. The city officials and staff involved have not divulged any ex parte contacts or communications with Mr. Quello,or the nature of such contacts which have occurred,or in the past. Misrepresentation in the Agenda: The published Agenda for TIGARD CITY COUNCIL WORKSHOP AND BUSINESS MEETING August 15, 2006 5. DISCUSS WHETHER TO INITIATE A DEVELOPMENT CODE AMENDMENT 2 1 Jerree Lewis- Brewins-written_testimon•c • Page 3 TO ALLOW NON-RESIDENTIAL USES IN A RESIDENTIAL ZONING DISTRICT AT THE QUELLO HOUSE AND SIMILAR PROPERTIES • Staff Report: Community Development Department [See attached published Agenda] There is no historical site or entity properly named or listed as the"Quello House." The agenda naming the"Quello House"can not be referenced anywhere in respect to a historical site. It is a false representation of a labeled historic site with a legitimately recognized name—the Shaver-Bilyeu House [aka the Shaver House]. Persons unfamiliar with this fact or house would not know what the Agenda item referred to. This listing was misleading to the public at large. Misrepresentation in the Minutes and by Mr.Quello: In the City Council Workshop and Business Meeting Minutes,August 15,2006,the term"Quello House"is used repeatedly by the city councilors and by Mr. Quello in misrepresenting the historic"Shaver-Bilyeu House",as"Quello House." [See attached published Minutes,particularly pages 5 and 6.] The correct official term for the historic house and site,the Shaver-Bilyeu House, is never used or mentioned anywhere in the minutes. Any person reading the Minutes to better understand this matter was not properly informed about the actual alleged historical site being discussed,but rather was misled by the Minutes. Any person researching Tigard's historical sites would not find "Quello House"on the City of Tigard's page of historical sites on its website,nor in the National Historic Registry. Therefore,the City Council agenda item and discussion,and the publishing of the same in the Minutes, constituted a misrepresentation to the public. Similarly,any other members of the public observing the City Council meeting were likewise misled. [It took Mr. Brewin,a historian,himself awhile to sort out this misrepresentation and find and identify the actual misnamed site referred to in the Minutes,by comparing addresses and personally visiting all the listed Tigard historical site addresses. He was familiar with the traditional historic name, Shaver House,and the official name,the Shaver-Bilyeu House.] The Minutes state: "Mr. Quello advised the Quello House was listed on the National Historical Site registry." His statement is false. The"Shaver-Bilyeu House" is listed on the National Historical Site registry. On the surface,this might seem like a technicality. However,Mr. Quello has coveted the historical site name for himself,and has methodically tried to obscure the legitimate"historical"name,ever since he applied for and obtained a historical site designation(with additional benefits,including low property taxes)in 1993 based upon the Shaver-Bilyeu House and those families' cultural histories,shortly after he purchased the property in 1990. Further Misrepresentations by Mr. Quello: Since purchasing the property in 1990 and obtaining an official historical designation for the Shaver-Bilyeu House in 1993, Mr.Quello has demonstrated selfish intent and unethical conduct in trying to erase the historical name designation,by willfully and 3 Jerree Lewis- Brewins-written_testimon.c • Page 4 deceptively superimposing his own name on a historical site(giving the impression that it is the Quello ancestral home),and by making calculated misrepresentations,not only to the City of Tigard,but in deceptive large signage at the edge of his property,and in an expired Oregon business name registration("The Flower Farm at the Quello House" first registered in 1999,expired 2-06-2005)and a recent registration("The Flower Farm"). [See attached photo of the north side of the large sign: "Quello House est. 1892" (Shaver-Bilyeu_1.jpg). Attached photo of the south side of the sign: "Flower Farm est. 1892" (Shaver-Bilyeu_2.jpg). Also,does the sign conform to city code,r.e. type, size and placement, for a residentially zoned private property? On the day the photos were taken(November 7,2006),there were no signs visible anywhere from the street that this is the"Shaver House est. 1892" (or"Shaver-Bilyeu House est. 1892"). This pattern evidenced by Mr. Quello's actions demonstrates that Mr. Quello is not a sincere or suitable guardian of a designated"historical site,"that his motives are selfish, and that he seeks to gain further exclusive commercial and property privileges through misrepresentations and manipulation of a"historical site"designation,besides already paying very low assessed property taxes for such a large house on two acres. On these grounds alone,the City of Tigard should reject the proposed amendments and any future notion of extending special monopoly rights to Mr. Quello(or similar private property owners). History: • Mr. and Mrs. Quello purchased the 2+acres property and 3648 sq ft house and outbuildings in 1990 for only$140,000. In 1993 they themselves sought a national historical designation for the house and property,using the Shaver and Bilyeu family histories—and thereby gaining property tax relief. They also put a misleading sign on the property, labeling the house"Quello House est. 1892." The property had allegedly previously had a sign denoting the"Shaver House." The Secretary of State, State of Oregon, has an official website with an Oregon Historical Records Index. This index contains not only state records,but historical records for every Oregon county. The historical index does not contain a single reference to anyone named Quello. Mr.Brewin tested and verified this index by typing in various surnames of Mrs. Brewin's own family ancestors, including the historic Bird family pioneers of Champoeg and Clackamas County. The Oregon historical records revealed many references to Mrs. Brewin's ancestral family members. The National Historic Preservation Act of 1966,among other things,delineates the goals and Purpose of the Act,which include preserving"historic heritage,"such as "retain the name historically associated with the building or structure,"and "protect those qualities that are historically significant." 4 Jerree Lewis- Brewins-written_testimon.c • Page 5 From Section 110 of the National Historic Preservation Act: "(A)that historic properties under the jurisdiction or control of the agency,are identified, evaluated,and nominated to the National Register; (B)that such properties under the jurisdiction or control of the agency as are listed in or may be eligible for the National Register are managed and maintained in a way that considers the preservation of their historic,archaeological,architectural, and cultural values in compliance with section 106 of this Act and gives special consideration to the preservation of such values in the case of properties designated as having National significance." Likewise,the federal government directs the Department of the Interior(in Section 112) to do the following: (1)provide information to the owners of properties containing historic(including architectural,curatorial,and archaeological)resources with demonstrated or likely research significance,about the need for protection of such resources,and the available means of protection; (2)encourage owners to preserve such resources intact and in place and offer the owners of such resources information on the tax and grant assistance. Relevant National Historic Preservation Act definitions: ""Preservation" or "historic preservation" includes identification,evaluation,recordation,documentation,curation, acquisition,protection,management,rehabilitation,restoration, stabilization, maintenance,research, interpretation,conservation,and education and training regarding the foregoing activities,or any combination of the foregoing activities." The National Register of Historic Places website (www.nationalregisterofhistoricalplaces.com) lists the"Shaver-Bilyeu House"as follows: Shaver-Bilyeu House(added 1993 -Building-#93000014) Also known as Shaver,William E. and Lizzie,House 16445 SW. 92nd Ave.,Tigard Historic Significance: Architecture/Engineering,Event Architect,builder,or engineer: Unknown Architectural Style: Other,Queen Anne Area of Significance: Architecture,Exploration/Settlement Period of Significance: 1900-1924, 1925-1949 Owner: Private Historic Function: Domestic Historic Sub-function: Single Dwelling Current Function: Domestic Current Sub-function: Single Dwelling [Please also note the historic function: Domestic. Not any"commercial"uses, not weddings,events,parties,luncheons,meetings,etc.] Evidence of the Quellos' continued efforts to obscure the actual documented historic and cultural values of the house and property site,by falsely superimposing their own name Quello as a historical site identity and designation, is most compelling in refuting any 5 Jerree Lewis- Brewins-written_testimon•c • Page 6 disingenuous claim they might make about historical preservation, or in this most recent attempt to exploit the goodwill of the City of Tigard and gain additional personal exclusive benefits/privileges and non-historic prohibited commercial uses and functions in a residential zone. Furthermore, if the National Register of Historic Places was notified about the Quellos' quest to obliterate the historic name and historic and cultural values of the Shaver-Bilyeu House and those families, it is likely the property would be removed from the national registry of historic places. The City of Tigard's own website lists the property as follows: Shaver-Bilyeu House, 16445 SW 92nd Avenue Year Designated: *1993 Constructed in 1906,the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association with the Shaver family,who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] The Tigard City Council Minutes of August 15,2006 state: "Mr. Quello spoke to the City Council. He submitted a written statement outlining how a conditional use approval would benefit his property... His key points were: [1] there is a need in the City of Tigard for this type of facility. [2] The Quellos are willing to share this facility with the community at no cost to the taxpayers. [3]Historic property will disappear if a way is not found to make such property viable." Rebuttal to Mr. Quello's presented key points: [1]Mr. Quello's statement outlines only how a conditional use approval will benefit him and his property. This is not necessarily a benefit to the community or to the city. The city(and outlying metropolitan area)has plenty of rental facilities for events,public meeting halls and schools,churches and facilities for weddings,public and commercial event facilities,and public parks for any and all of these commercial uses. These are all "appropriate venues." His residentially-zoned"domestic"house and property and location is"NOT appropriate" for a commercial public event facility. [2] Are the Quellos willing to share this facility absolutely free of charge to any and all of the taxpayers of Tigard who want to reserve and use it—e.g. for a wedding,a party,a meeting,an event? Mr. Quello's statement here is also misleading; he wants to obtain commercial uses,for which he will receive monetary remuneration. He wants to run his residential property as a commercial business,with exclusive rights and broad uses currently prohibited in residential zones,commercial uses which would be denied to his neighbors-and 45,000 other Tigard residents in residential zones. [3] Quello's implied `threat' of historic property disappearing unless the city allows him to make it commercially"viable"reveals his motive,which is mercenary. His property's zoning and historical designation was never intended to make it commercially"viable." Morever,the house has always had a"domestic"function—for 100 years. Historically, it was never intended for commerce, let alone large rental events,weddings,meetings, parties. If Quello can't afford to maintain his own property(which has a high market real estate value),then he should sell it—to someone who will maintain the property,and who 6 • Jerree Lewis- Brewins-written_testimoril,c . Page 7 will not demand inequitable government handouts and commercial use monopolies"in restraint of trade"and free enterprise, and in an inappropriate residential zone. And if he truly cares about preserving history,then Mr. Quello will sell the property to the City of Tigard or to a non-profit historical association. In the Minutes of August 15,2006,the City Council mentioned"neighborhood opposition to the events held at the Quello house in the past." Mr. Quello was conducting weddings,with amplified music and"DJ's." He was repeatedly blatantly and willfully violating city noise nuisance ordinances,parking ordinances, and engaging in illegal commercial uses in a residential zone(including [hired] entertainment for commercial uses). He was also profiting from the use of his property for weddings, officiating at the weddings,etc. (Incidentally,how many of these weddings conducted were not of his own religion? Was he discriminating against other faiths and against agnostics and atheists, diverse groups r.e. the events scheduling?) In light of past problems, he should not be trusted to voluntarily comply with any new conditions the city might impose,since he knowingly violated existing conditions,codes,and ordinances. In fact,Mr. Quello historically has inflicted public nuisances upon his neighbors,and he has violated the noble principle of"love thy neighbor as thyself." He has not treated his neighbors as he himself would like to be treated.In the course of holding events for his own gain and violating multiple city ordinances and codes,he has callously invaded the privacy and committed transgressions against his law-abiding neighbors—in the process demonstrating selfishness. Conclusion: Instead of being thankful for what he has received in the matter of a bargain lovely home and historical designation(among other things), eligibility for federal grants, generous property tax reductions,and possible tax write-offs(all of which were not due to his own merit,or historically based upon a house with his surname),Mr. Quello further covets and seeks special legal property and broad monopolistic commercial use rights status above all his neighbors and 45,000 other citizens of Tigard,as a newly city- minted landed lord of a privately owned historic estate(which he has historically misrepresented)with attendant special self-serving commercial entitlements denied his own neighbors' properties and their businesses in the same residential zone. This is unconscionable. Note: in 2005,the Quellos paid only$2,714 in property taxes for 2.05 acres and a 3648 sq ft house worth $790,970(WA county)-980,000(market). Their adjacent neighbor north at 16425 SW 93rd Ave paid$2,828-for a 1,712 sq ft house on 0.23 acre. The adjacent neighbor south at 16585 SW 92nd Ave paid $4,438-for a 3,004 sq ft house on 1.31 acre. For any public officials to knowingly subvert public policy(appropriate land-use regulations)in order to reward such corroborated improprieties and ingratitude with inequitable exclusive commercial privileges—and then apply that sham citywide to 7 Jerree Lewis- Brewins-written_testimonsc • Page 8 facilitate it-would be patently wrong,and against the public interest. Procedural Disqualifications—Vague and Insufficient `Public Hearing Notice' The City of Tigard did not provide adequate or specific enough notice to its citizens of the public hearings,especially to each of the handful of residentially-zoned neighborhoods directly affected. The"Public Hearing Notice" [which we request the city planning staff submit to include as part of the record] was received during the last few days of October. However,the Public Hearing Notice does not specify any of the locations of so-called"historic"overlays in residential zones. Most Tigard property owners are not familiar with generic"historic overlays,"nor with unmarked alleged "historical sites"in their neighborhoods,nor with misleading and confusing, incorrect markings of historical sites,nor even regarding the existence of a historic site on private property in their neighborhood. The Public Hearing Notice does not properly inform the recipients that one of these sites is in their neighborhood and that they may be directly impacted by the land- use decision. Specifically,the Public Hearing Notice does not disclose the street address of any property affected by the zoning. The Public Hearing Notice does not even disclose where one can find this information posted. The Public Hearing Notice does not reveal major details of the proposal which any reasonable person would want to know.All of these facts are contrary to prevailing Oregon statutes. [Reference to: ORS 197.763(3)(a), 197.763(3)(c),and ONRC v. City of Oregon City, 29 OR LUBA 90,97(1995).] The Notice Request states: "The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones." The Notice does not mention that the"conditional use"is in fact"commercial,"that there are broad"commercial uses"involved for"direct or indirect compensation," that these code changes would allow currently prohibited"commercial uses"in residential zones and on private properties,that such commercial uses could include up to 200 people and their automobile traffic/parking at events and might be totally unrelated to any bona fide historical purposes,that this new category of proprietary exclusive uses would be inequitable vis a vis other residentially-zoned property owners(even adjacent neighbors),and that these inequitable,granted uses could be perpetual-and might proliferate in the future. Mr. Brewin alerted the Tigard planning staff(Mr. Sean Farrelly)of these Notice deficiencies in a legally recorded phone conversation that took place 2:20-3:00 pm on Monday, October 30t. Mr. Farrelly admitted that he did not list any information about how the Public Hearing Notice recipients could access this vital land-use information, including the proposed code text changes. Mr. Brewin found some of this information eventually on the internet,after a time-consuming search. Most Tigard citizens would 8 Jerree Lewis- Brewins-written_testimorlic • Page 9 not know where or how to access this information,and about 40% of Tigard's citizens do not have Internet access at home. At the very least,the City of Tigard should have mailed: 1)a two-sided sheet with the Proposed Development Code Text Changes to all the Public Hearing Notice recipients,along with 2)the specific addresses of the private properties affected by this rezoning and creation of an entirely new broad commercial use category to be applied in their residential neighborhoods. The city should also have provided 3)a list of related documents and background material which citizens could access on the city's own website (including the proposed code text changes,the web page with the list of historical sites,the Agenda and Minutes of August 15,etc.). When none of this information was again forthcoming via USPS, let the record show that Mr. Brewin again contacted Mr. Farrelly(who was unavailable),this time leaving a phone message later on Wednesday,November 1,informing Mr. Farrelly that the planning staff should have notified affected neighboring property owners regarding the address of the affected historical site[s],the actual code amendment text changes,and links to the germane factual and specific documents. Mr. Brewin also referred to past City of Tigard planning staff Public Hearing Notices sent in the past(e.g. Steve Turner, SW 113`'Place),which customarily and clearly specified the property address location and the detailed,requested commercial uses,or development, code changes,etc.. Ex parte contacts: The City of Tigard planning staff needs to publicly divulge all ex parte contacts with Mr.Quello(and the nature thereof). In the course of conversations with a neighbor(the owner of the Charles F. Tigard house),Mr. Brewin learned that Mr. Quello had obtained the name and contact information of this property owner(and possibly others)regarding her historic house,and had indeed phoned her about the matter,soliciting support. Mr. Quello probably could not have found this information, unless he had been aided by the city staff in networking with other historic property owners. (Who?And How?) To date(11/8/6),concerned affected neighboring property owners of this code amendment proposal have not been likewise assisted in networking with similarly concerned property owners in other affected residential zones. Timing of the Public Hearing Notice:the generic,single sheet Public Hearing Notice arrived via USPS along with dozens of election and campaign-related bulk materials. City of Tigard officials and staff should NOT have scheduled the notice at the peak of election mailings(when it would be overlooked and not readily understood by most recipients),and should not have scheduled hearings in such a hasty, flawed, improperly conducted process. Similarly,the associate planner handling this matter,Mr. Farrelly, is on vacation until November 15 and is unavailable to answer questions,provide information,or process testimonial letters pertaining to the code amendment proposal,etc. Official Admission of Omission: Mr. Farrelly also acknowledged to Mr. Brewin on October 30tb,that neither he nor anyone else on the city planning staff had visited and inspected all the"historic sites"involved. Since there are only five historic sites 9 Jerree Lewis- Brewins-written_testimor.c • Page 10 on private properties in residential zones,this should have been an easy feat,given that the city planners have had almost three months' preparation for the staff report. (Note: The John Tigard House is administered by a non-profit public entity,the Tigard Historical Association, do the Tigard Public Library,and Windmill Park is public property,too. The Grange Hall and Joy Theater are in commercial zones,and the Durham school is a Tigard-Tualatin public school.) Mr. Brewin himself drove to all the historic sites in a single afternoon,November 7,taking photos and noting factors at the locations. How could the city planners even prepare a staff report and recommendations,without first carefully inspecting these properties and locations? A reminder: The Oregon and United States Constitutions govern all actions of government. The constitutional principles of fairness and"due process" in particular are applicable to all land use decisions. The City of Tigard has neither practiced fairness nor"due process"in irresponsibly failing to disclose the most critically relevant and necessary vital information to recipients that should have been contained in the Public Hearing Notice,or contained in a supplemental explanatory sheet that was never prepared,expedited,or included with the Notice. [Again,refer to: ORS 197.763(3)(a), 197.763(3)(c), and ONRC v. City of Oregon City,29 OR LUBA 90,97 (1995).] A corresponding city planning staff report and its assertions are likewise faulty. Furthermore, state land-use planning Goal 1 also requires citizen involvement in all phases of the planning process. To date(11/8), official City of Tigard communications have systematically worked to misinform and confuse citizens, and to effectively limit and hinder wider citizen involvement in this legal land-use process,as a direct consequence. Conclusions: This land-use process has already not fulfilled important legal and ethical criteria,and this rushed process(rife with misrepresentations)has evidently failed the citizens of Tigard in a number of areas where the citizens are depending solely upon the City of Tigard's officials and staff to act responsibly, fairly, and competently. Thus,the proposal should be rejected and shelved—or begun all over again, with any proposal very limited and more appropriate in scope, and the process handled more satisfactorily. Argument II: Substantive facts and substantial issues raised which are directly germane to the proposal and conditional uses do NOT support changing the current developmental code, on this subject, as proposed. The Proposed Amendments to the Community Development Code are unnecessary, unreasonable, insupportable,and drastic word changes(and not electorate-based,not popularly based)to the Community Development Code,which would not only create a specifically NEW"commercial use"category,but force prohibited,excessive,and totally inappropriate and invasive"commercial uses"into and upon established 100% residentially zoned neighborhoods, including arbitrary and draconian inequitable policies which would grant unwarranted unfair exclusive commercial privileges to certain 10 Jerree Lewis- Brewins-written_testimol,c i Page 11 property owners, while denying their adjacent neighbors(and their businesses)these same special"conditional use"perpetual privileges,and furthermore not providing for guaranteed monitoring and protections,and further offering these city-selected private property owners special"incentives for maintenance." It is inappropriate to grant perpetual exclusive commercial use privileges to a handful of private property owners in residential zones, and not also to their neighbors(or to these neighbors' competing registered businesses). The development code change would only be fair and appropriate if these"historical sites"were owned by secular non- profit historical associations,or publicly owned,operated,and maintained,and in more appropriate zone locations,and used for strictly bona fide historical purposes. It is contrary to established American notions of free commerce for any local government to institute and grant new commercial monopolies and inequitable land-use policies which favor a small group of individual private property owners-- in place of already pre- existing,sound,equitable local land use policies--thereby unfairly harming other preexisting property owners and their rights, and in the same residential zones. It is discriminatory to give permanent exclusive commercial use privileges to a handful of private property owners in residential zones,and not to their neighbors(or their businesses),too. That is akin to recreating a feudal system of privileged lords and landed gentry. It is plainly un-American and runs contrary to every notion of fairness. This peculiar"ex post facto" superimposition of a new category of commercial uses and new code amendments upon established neighborhoods and residential zones is ill- advised,uninformed,and would be reckless public policy. The proposed"commercial use types"are too broad and do not even necessarily or appropriately pertain to bona fide"historical"purposes or uses. "Parties," "weddings,""luncheons,"etc.do not typically serve historical purposes.There is therefore no reasonable basis to justify(or even consider)any types of meetings/events which do NOT directly pertain to the cultural history,archival history,or verifiable authentic preservation of alleged"historical sites." The origin of this proposal by the City of Tigard lies in the attempt by two city councilors to assist a single property owner, Mr. Quello,in his self-serving bid to commercially profit from prohibited commercial activities at his residentially-zoned address,where he has already held legally-questionable events that constituted prohibited public nuisances. Moreover,Mr. Quello is already deriving the generous benefit of very low assessed property taxes on his valuable estate,especially in comparison with other private residential properties [tax lots] and unique houses of similar size and condition. He certainly does not need public assistance—or government-sanctioned welfare,let alone special monopolistic commercial entitlements. He can always sell the property—for a huge profit. Further,any maintenance of and improvements to the Quellos' private property inure directly to their own financial benefit, and not to the public's benefit. The proposal is nothing more than a selective and improper government handout. 11 Jerree Lewis- Brewins-written_testimor.c • Page 12 The number of events [18] is excessive,and the number of permitted attendees even more excessive–to the extreme [up to 200]. These arbitrary numbers conjured up by city staff do not even take into consideration the widely varying suitability of locations,the building sizes,the available parking(or lack thereof),the amenities/lack thereof,public and non-discriminatory ADA(Americans with Disabilities Act)accessibility. If the weddings/parties were all held during the summer months,there would likely be an event every single weekend and holiday from Memorial Day through Labor Day. This would ruin the peaceful living environment for neighbors in every residential zone where such commercial uses transpired. The city planner has also stated that,were this proposal approved,the number of events allowed could also possibly be increased in the future, changing these residential historical sites into permanent year-round commercial event facilities in the middle of residentially-zoned neighborhoods. There is also no mention anywhere in the proposal of responsible necessary on-site monitoring of these properties by the City of Tigard during the proposed weddings, parties,events,etc., r.e. the number of events,number of attendees per event,noise compliance and measuring decibel levels,etc. (and particularly on weekends, holidays,and evenings--when City of Tigard offices are closed and the regular city staff and code enforcement officer are NOT even available–and when such events would be most likely to occur!). The city planners do NOT have extensive or in- depth professional events experience or knowledge,they are not audio experts,they are not crowd control experts,and they are uninformed and unqualified to offer any reliable opinion in the matter of events planning/monitoring+and event site use (especially regarding private properties in residential neighborhoods). The City of Tigard does NOT properly enforce noise nuisances already(e.g.the unauthorized Gianola property party on SW Former of July 29,which blatantly violated numerous city ordinances/codes–including blasting neighbors at 85-100 decibels at a radius of more than Vs mile from his property and creating a road hazard on SW Fonner and SW 115th, for five hours; city officials coddled it and even made false statements about it to inquiring citizens, both during the illegal party and then for more than a week afterwards). Is the city prepared to monitor and measure the decibel noise level (not to exceed 50 db)of every single event held at these arbitrary historical locations,and respond immediately to every noise complaint—which would inevitably arise from such uses(and most likely on weekends, holidays,and evenings)? And how many police officers routinely carry decibel meters,calibrated weekly,and are trained in their use? Is the city prepared to have a staff person on-site to monitor the number of events,and monitor with absolute confirmable verification(for all public inquiries)the number of persons attending each and every event? Also,routinely coordinate and monitor for non- discrimination in event,meeting,wedding scheduling,hiring and pricing,accessibility, etc.? Actual,on-site monitoring and enforcement of the"conditional use"on a regular basis,and on a moment's notice,is NOT mentioned anywhere in the proposal. What city staff persons will be assigned to monitor each and every event,party, 12 Jerree Lewis- Brewins-written_testimorec • Page 13 wedding,fund-raiser for absolute compliance(and 7am-9pm)? There is no provision for this clear necessity–involving projected weddings,parties,fund- raisers,after all. The monitoring and compliance can not simply be left up to the property owners or managers of such proposed/designated sites in residential neighborhoods. This is untenable and insupportable; it is unverifiable and problematic. It is similarly untenable and totally unreasonable to place the further burden of monitoring these sites upon the affected surrounding neighbors. That would be a case of the city shirking its public duty–and passing it onto the victims of officials' own irresponsible actions. There is no way these old houses can safely accommodate more than a few dozen people for an event. There is no way the properties can accommodate 40-200 of people at any event(especially a wedding or party)without there being a public noise nuisance which exceeds the legal noise decibel levels(50 db,or anything which disturbs the peace and repose in a"noise- sensitive" unit [a residence]),and especially as this pertains to any events(or portions thereof) held outdoors on the residentially-zoned properties. The proposed code amendments do not contain any requirement for visual "screening,"i.e. solid hedge,wall,or fence 6-8 feet in height,to prevent flagrantly violating the privacy of affected adjacent properties in these residential zones. While several sites on the city's list of so-called"historical sites"are already suitable and used for regular and large events and/or meetings(the Grange Hall,Durham School and Joy Theater),the houses and private properties listed in residential districts are clearly not suitable nor appropriate. The aforementioned hall,school, and theater and properties were all designed for meetings and/or events or public use. However,the private houses in residentially-zoned neighborhoods were clearly and historically NEVER designed nor intended for such commercial and broad uses as proposed by the city planning staff.These houses were not built to standards required by commercial codes, nor for meetings/events,nor according to any federal and state guidelines/specifications for disabled access. Furthermore,there is already a more than plentiful enough supply of existing rental facilities of all types,halls, banquet rooms,etc. available for events and meetings all over Tigard and nearby in the area—in appropriately constructed public and commercial buildings and churches in appropriately zoned areas, in addition to outdoor public parks. The five"historical"private properties in residential zones are each adjacent to a number of other residential properties with houses.Any meeting and event use would inevitably regularly violate some surrounding neighbors' privacy,and certainly constitute a regular prohibited noise nuisance(weddings,parties,receptions, fund-raisers). It would be virtually impossible to have a wedding or party etc. for 40-200 people at any of these locations inside these older frame houses-- let alone outdoors--that will NOT violate the noise nuisance ordinances, including penetrating the interiors of the surrounding "noise-sensitive"units/residences. Some people and children need sleep sometimes 7am- 9pm. 13 Jerree Lewis- Brewins-written_testimon.c • Page 14 • PHOTOS: The attached photos will provide some insightful information about these alleged"historical sites." Shaver-Bilyeu House: 16445 SW 92nd. Shaver-Bilyeu_l.jpg demonstrates that Mr. Quello is not preserving the historical and cultural identity as guardian of a historical house. The Quellos are pretending that a place called"Quello House"was established in 1892. Likewise,the Quellos are falsely representing that The Flower Farm was established in 1892 (Shaver-Bilyeu_2.jpg)and not in the 21'century. The SW 92' street parking(east side)is reserved for the high school uses, and parking on nearby streets is restricted. A state-of-the-art public event facility and meeting rooms are nearby at the high school,and Cook Park is down the street,with city-administered outdoor free and rental facilities. Gaarde house: The Gaarde house at 11333 SW Gaarde is located on a busy street with no parking. The photos(Gaarde_l.jpg and Gaarde_2.jpg)show the close proximity of the next-door neighbor's house. Seven Gables Upshaw House: 9890 Peppertree Lane. This house is located on a quiet cul-de-sac. The photo,PeppertreeLane_l.jpg, shows the close proximity to the next- door neighbor. The photo also shows that the house has been seriously altered. There is a modern garage and roof,and other alterations and additions. This greatly diminishes any historical significance,especially architectural. PeppertreeLane_2.jpg also shows the proximity to the neighbor's house. Charles F. Tigard house: The house at 11180 SW Former is set back about 200 yards from the street and is accessible only by a narrow gravel/dirt right-of-way. The street photo(CharlesFTigard_l.jpg) shows the street has no parking,no shoulders,and that cars routinely swerve across people's front yards. CharlesFTigard_2.jpg shows the narrow right-of-way access to the property. This right-of-way is also not suitable for parking; both sides of the path belong to the adjacent neighboring properties. The photo, CharlesFTigard_3.jpg,was shot from the house at 11205 SW Morgen Ct,and shows the close proximity of the Tigard house. The photo,CharlesFTigard_4.jpg,was shot inside the property of 11225 SW Morgen Ct. and shows the very close proximity of the Tigard house to this neighbor. The photo,CharlesFTigard_5.jpg was shot from the house at 11225 SW Morgen Ct. and shows the close proximity of the Tigard house. This house is situated in a fragile eco-system and natural wildlife habitat,with one of Tigard's remaining intact small forests of old-growth firs,and thousands of nesting and migratory birds, some of which are endangered protected species. (see: Oregon Goal Five) A newer subdivision(SW 113t Pl.) is adjacent to the trees and growth. The owners(C. Schultheis) have stated they do not wish to hold commercial events etc.here,and that it would not be appropriate in this location. Note: The Charles F. Tigard house is not at its original site. This is not the"historical site"of the house. It was moved in 1980. Its original location was by Highway 99(near Elmer's Restaurant and the discount furniture outlet store). The roof has been changed to composition,the basement and foundation are also not original,and it has been remodeled inside. A house that has been moved loses intrinsic significance as a historic place. The more important historical site and building relating 14 Jerree Lewis - Brewins-written_testimonlc • Page 15 to Charles F. Tigard was his general store. Ripley's Furniture/Gardener's Choice is a more historic building, and was the store moved from across the street(99W). Tigard Farm and Windmill: This house at 10525 SW Tigard St. is located on a block with posted"No Parking"signs. It is surrounded by apartment complexes. The two photos,Tigard_Windmill_l.jpg and Tigard_Windmill_2.jpg clearly show the very close proximity of a large apartment building to the windmill and property. The other"historical sites" in residential zones are not private properties. The John Tigard House is located at 10310 SW Canterbury Lane. The photo, JohnTigard_l.jpg,shows the location of the tiny house at the intersection of two streets. The photo,JohnTigard_2.jpg shows that the house is a museum used for legitimate non-profit historical purposes. This house has also been moved from its original site (near Highway 99W). This is not the"historical site."Windmill Park is a city park located on SW 12151. Nevertheless, it is located close to neighboring houses,as shown in the photo(WindmillPk l.jpg). Historical observations: In the larger context of history,none of these houses is important or significant nationally. Only in a small-town like Tigard would some of these houses be deemed worthy of any historical designation. For instance,on the east side of Portland,there are hundreds of houses that are as old(or older)which probably have more historical and architectural importance. Yet,hardly any of those houses is officially designated as"historical." On the East Coast,there are thousands of houses that are hundreds of years old. What will happen in the future, if the City of Tigard simply designates every older house,farm,or business as"historical?" (And which panel of professional historians has the city authorized for such purposes?) Moreover, if the city approves the code amendment proposal and designates more and more houses as "historical"in the future,then there will be more nuisance properties with exclusive monopolistic"commercial uses"in residential neighborhoods all over the town. The only house in Tigard that should be officially recognized and accorded any special uses is the John Tigard House,because it is the oldest and has the most historic importance,it is owned and administered as a public non-profit historical site by the Tigard Historical Association,and it serves the public for strictly historical purposes. By comparison,the City of Beaverton has two historic house sites,the Jenkins Estate and the Fanno Farmhouse. Both sites are publicly owned(the Tualatin Hills Park and Recreation District). The Jenkins Estate is situated on 68 acres,away from all neighbors, has seven buildings and three support structures. Anyone may rent the Jenkins Estate, through the public park district. No amplified music or sound systems are permitted, indoors or outdoors,not even a microphone. (Mr. and Mrs.Brewin were married there.) Similarly,the publicly owned and administered Fanno Farmhouse is situated on 14 acres next to a main arterial street. Both the Fanno Farmhouse and the Jenkins Estate are suitable venues and properties for events,meetings,weddings,parties,etc. They are 15 Jerree Lewis - Brewins-written_testimon. i Page 16 publicly administered and they are not the source of any public nuisances. That's a major difference between the way the City of Beaverton operates and what the City of Tigard is proposing,r.e.historical houses and conditional uses. While some counties allow conditional uses in rural unincorporated areas,most reputable cities do not permit such inappropriate commercial uses in residential zones. Furthermore,truly historical houses and sites are not used for non-historical purposes (e.g.Hoover-Minthorn House [Newberg],John McLoughlin House [Oregon City] www.mcloughlinhouse.org/, Fort Clatsop http://www.nps.gov/lewi/planyourvisit/fortclatsop.htm). Conclusion: There is therefore NO justifiable need or rationale for any further amendments to the community developmental code, on this subject,and especially pertaining to speedily and deliberately revoking zoning protections which currently protect the public and prohibit invasive broad commercial uses or public nuisances encroaching into residentially-zoned neighborhoods. The persons who purchased these five historical homes(or who sought"historical" status)knew they would have to maintain their own homes;and it inures solely to their own benefit,too. In one case,newer private property owners(i.e.the Quellos) themselves sought the historical designations,and have already been reaping the rewards —in the form of low property taxes. In 2000,a previous Zoning Ordinance Amendment(ZOA2000-0001)sought to conditionally allow bed and breakfast establishments and weddings in Historic Overlay zones. The City Council voted to deny the amendment. It should be reminded that tens of thousands of residential property owners, families,bought their properties—their homes-with the existing zoning,and code prohibitions and protections,and the reasonable expectation that these sensible prohibitions and protections for residential zoning would be lasting and enforced. The City of Tigard's elected and appointed officials should wisely protect carefully crafted existing residential zoning protections and not confer inequitable monopolistic commercial uses and rights upon a small group of private property owners(nor specifically on behalf of any person[s]),nor thereby or otherwise irresponsibly create unmonitored public nuisances,harming numerous other citizens,their properties and property values in the process—but rather exercise prudence and uphold the public trust. Sincerely, 1)Michael Brewin, 2)Sharon Brewin, property owners, 11225 SW Morgen Ct.,Tigard,Oregon,USA 16 Jerree Lewis- Brewins-written_testimon,c . Page 17 and 3)Michael Brewin, SOULJAZZ LLC, a Tigard,Oregon, United States business 17 • Jerree Lewis-060815Agenda[1].pdf • • Page 1 .1 Revised August 11,2006.Added a short businessmeeting;see Page 3. August22 Council Meeting is canceled. ■ .,,,• ,1 TIGARD CITY COUNCIL WORKSHOP AND BUSINESS MEETING August15,2006-6:30 p.m. TIGARD CITY HALL TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Upon request,the City will endeavor to arrange for the followingservices: • Qualifiedsign language interpreters for persons with speech or hearingimpairments;and • Qualifiedbilingualinterpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m.on the Thursday preceding the meeting by calling. 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunicanons Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—AUGUST 15,2006 page 1 Jerree Lewis- 060815Agenda[1].pdf • • Page 2 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING AUGUST 15,2006 6:30PM 1. WORKSHOP MEETING 1.1 Call to Order—Tigard City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. RECEIVE SITE COMMI ITEE UPDATE-SENIOR CENTER REMODEL • StaffReport:AdministrationDepartment 3. DISCUSS ROLES AND RESPONSIBILITIES OF THE CITY CENTER ADVISORY COMMIISSION(CCAC) • StaffReport:Community Development Department 4. DISCUSS TOWN HALL AUDIO-VISUAL UPGRADE • StaffReport: Financialand Information Services Department 5. DISCUSS WHETHER TO INITIATE A DEVELOPMENT CODE AMENDMENT TO ALLOW NON-RESIDENTIAL USES IN A RESIDENTIAL ZONING DISTRICT AT THE QUELLO HOUSE AND SIMIILAR PROPERTIES • StaffReport:Community Development Department COUNCIL AGENDA—AUGUST 15,2006 page 2 Jerree Lewis-060815Agenda[1].pdf • • Page 3 6. DISCUSS CITY COUNCIL REPORT CARD • StaffReport:AdministrationDepartment 7. UPDATE ON THE STATUS OF THE 2006 CITY COUNCIL GOALS • StaffReport:Administration Department TIGARD CITY COUNCIL BUSINESS MEETING AUGUST 15,2006 8. CONSIDER AN AMENDMENT TO THE CITY COUNCIL GROUNDRULES a. Staff Report: Administration Department b. City Council Discussion c. City Council Consideration: Resolution No.06- 9. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 9.1 Approve Council Minutes for July 18,2006 9.2 Appoint Building Appeals Board Member-Resolution No.06-_ 9.3 Approve Budget Amendment#4 to the FY 2006-07 Budget to Increase Appropriations in the Gas Tax Capital Projects Budget within the Community Investment Program for Additional Funding for the Hall Boulevard Sidewalk Project—Resolution No.06- 9.4 Approve Budget Amendment#5 to the FY 2006-07 Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—ResolutionNo.06- 9.5 LocalContract Review Board: a. Award Contract for the Construction of the FY 2006-07 Pavement Major Maintenance Program(PMMP)—Phase 1 b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities • CmsitA wide-Items Re for SgarateDisysiat: Any items requested tobenenovei firm the Cmst Agenda for swaratedisys*m will be oansideral immaiiatdyafter the Council has votes on • those items which do not need disysdm. 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS COUNCIL AGENDA—AUGUST 15,2006 page 3 Jerree Lewis-060815Agenda[1].pdf • • Page 4 12. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 13. ADJOURNMENT .aammonyc oQaoeeeo8l5r..edpdoo COUNCIL AGENDA—AUGUST 15,2006 page 4 Jerree Lewis-060815Minutes[1].pdf • • Page 1 Agenda Item No. ( . I ' For Agenda of 4. l a. O TIGARD Tigard City Council Workshop and Business Meeting Minutes Date: August 15,2006 Time: 6:30 p.m. Place: Tigard City Hall,13125 SW Hall Boulevard Tigard,Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff • Agenda Item Discussion&Comments Action Items(follow up) Workshop Mayor Dirksen called the City Council and the Local Meeting Contract Review Board to Order at 6:30 p.m. 2. Receive Site Risk Manager Mills summarized the Staff Report. Council consensus was to Committee proceed with the Senior Update— Below is a summary of the discussion: Center Remodel process. Senior Center > Risk Manager Mills introduced Senior Center City Manager Prosser Remodel Executive Director Joan Smith and a advised that with Council representative of the Loaves and Fishes and City direction to proceed,funds of Tigard Site Committees Bill Gerkin. have already been > Councilor Sherwood advised she needed appropriated for this project clarification on the remodel.She said that since Staff will proceed to spend more than$1 million will be spent on the up to$100,000 of this year's project,she wanted to make sure a full Community Investment commercial kitchen is planned. She noted the Program funds for need for a facility available for groups to access a architectural work to get a commercial kitchen for community events, conditional use application fundraisers,etc. started for the remodel. > Mr.Gerkin reviewed activity experienced with other senior centers in the region and the Risk Manager Mills advised populations served. that before proceeding with ➢ •The Tigard Senior Center needs to be updated, architectural and engineering which would benefit Meals on Wheels and design bids to be funded provide opportunities for more activities and to with the second half of the expand activities already taking place. funds allocated for this fiscal > Councilor Woodruff advised that the City year(an additional$100,000), Council is supportive of the remodel,but wants staff will return to the City to provide for growth in the Center's use. Council. • > Ms.Smith said some scratch cooking is now Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 1 Jerree Lewis-060815Minutes[1].pdf -• • Page 2 Agenda Item Discussion&Comments Action Items(follow up) done at the Senior Center. D. Loaves and Fishes will pay for part of the remodel. • Ms.Smith said,depending on the amount that might be awarded by the CDBG,the Tigard Senior Center remodel plans might need to be pared down or they will need to do additional fund raising. D. Ms.Smith said they have worked with a kitchen architect to design a kitchen that meets commercial standards. • Risk Manager Mills noted that the remodel could occur in phases as funding is identified. D. Risk Manager Mills advised the goal is to have this project finished by June 2008. 2. Discuss City Center Advisory Commission members present: Council members agreed Roles and Chair Carl Switzer;Commissioners Carolyn Barkley, they would like more time to Responsibilities Gretchen Buehner,and Alice Ellis Gaut review the draft Bylaws and of the City scheduled another discussion Center Community Development Director Coffee on September 19,2006. Advisory introduced this agenda item. Commission Senior Planner Nachbar distributed a marked-up draft of the Bylaws noting this document reflected changes suggested by the CCAC. Key points of the discussion follow: D Section 1 outlines"charge and duties": o Bylaws should be reviewed to assure compatibility with the Urban Renewal Plan. o Discussed the situation where another urban renewal district might be formed in Tigard. Speculation on whether another CCAC might be needed or adjustments to the existing CCAC. ➢ Chair Switzer advised of the detailed review by • CCAC members. The CCAC members wanted to create a document to provide guidance if there should be a leadership change,provide for a minority report,and clarify the purpose and procedures of the CCAC. D. Discussed representation of community interests from the membership of the CCAC. D A representative from each interest group is not Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 2 Jerree Lewis-060815Minutes[1].pdf • • Page 3 Agenda Item Discussion&Comments Action Items(follow up) necessary;however,interest groups should be invited to the table so the CCAC can receive their input. D If care is taken to select a broad cross-section of the community,then there will likely be a good representation of interests. ➢ Chair Switzer said CCAC members felt they should have input on selection of members to the CCAC. Mayor Dirksen commented that this would be unusual as this is not how appointments are made for other boards and committees. Assistant City Manager Newton added that this would require an amendment to the resolution regarding how appointments to • boards and committees are done. After brief discussion,Councilor Wilson suggested it was good to have open lines of communication to receive input from the CCAC,but questioned whether it was necessary to codify this as a requirement in the Bylaws. ' Community Development Director Coffee advised that if the Bylaws require that the membership reflects representation of certain interest groups within the community,how • members are removed should be outlined. Chair Switzer directed attention to Section 4,"Term of Office." D Councilor Harding noted the need for better recruiting efforts for members and supported having Committee members assist with this process. D Councilor Wilson suggested that the representation of a broad spectrum of community members within the membership of the CCAC be a goal and not a"hard and fast rule." > Councilor Woodruff said Section 3(a)(2) regarding the composition of the CCAC is not needed. There was general agreement to delete this wording. ➢ Commissioner Ellis Gaut noted there is a section in the draft Bylaws allowing a vote by proxy. D Section 7 outlines the Commission members' responsibilities,including wording on acting with respect and consideration for the viewpoint Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 3 Jerree Lewis-060815Minutes[1].pdf • • Page 4 Agenda Item Discussion&Comments Action Items(follow up) of others. D. Removal of members is outlined in Section 10. D Mayor Dirksen confirmed,in response to a question from Commissioner Barkley,that the • CCAC is a"Commission"not a"Committee." These two terms have been used interchangeably —use"Commission." 4.Discuss Information Technology Director Ehrenfeld Town Hall introduced Mr.Lon Cudy of New World Audio Audio Visual Video. Mr.Cudy was awarded the contract to Upgrade analyze the current condition of the Town Hall audio/visual capabilities. Mr.Cudy reported he has observed several deficiencies with the audio system in Town Hall. The following represents the key points discussed: • Town Hall audio/video(a/v)system should accommodate overflow crowds;i.e.,lobby enhancements and/or off-site viewing. ➢ Mr.Cudy proposed a large overhead screen on the wall behind the City Council dais for easier audience viewing; people seated at the dais would be able to view presentations on computer screens. • Mayor Dirksen and Councilor Harding noted issues with their laptop computers,including that the batteries no longer hold a charge for very long. D Mr.Cudy noted the multi-purpose uses of the Town Hall. He suggested that one person operate the controls of the a/v system during the meetings;i.e.,the recorder or secretary. • D Mr.Cudy recommended headset microphones for best results. ➢ Sufficient microphones for everyone seated at the dais and the public testimony desk are . needed. D Councilor Sherwood noted a preference for turning on the microphone when an individual wants to speak. D Review of the system will include a testimony timing system and digital recording. Mr.Cudy said he would like to"clean up"the system;do away with the numerous power cords that are visible. Mr.Cudy said he plans to develop a Tigard City Council Workshop and Business Meeting Minutes August 15,2006 • Page 4 Jerree Lewis-060815Minutes[1].pdf • • Page 5 Agenda Item Discussion&Comments Action Items(follow up) system that will be good to use ten years from now. D City Manager Prosser noted the need to determine what a/v equipment will be made available for public use. 5. Discuss Community Development Director Coffee advised After discussion,consensus Whether to that City Council members Harding and Woodruff of the City Council was to Initiate a indicated interest in facilitating the use of the Quello initiate the Community Development House for limited commercial use. Development Code Code Amendment process for • Amendment to City Manager Prosser explained the process for this consideration of establishing Allow Non- matter. If a Code Amendment is considered to set an overlay zone or Residential up a procedure for a conditional use permit,the conditional use process. Uses in a legislative hearing process would be followed. If the Residential Code Amendment is approved,Mr.Quello would Zoning District need to apply for a Conditional Use Permit by going at the Quello before the Hearings Officer;this would be a quasi House and judicial hearing. Similar Properties Mr.Quello spoke to the City Council. He submitted a written statement outlining how a conditional use approval would benefit his property. A copy of this statement is on file in the City Recorder's office. His key points were: • There is a need in the City of Tigard for this type of facility. D The Quellos are willing to share this facility with the community at no cost to the taxpayers. D Historic property will disappear if a way is not found to make such property viable. • In response to a question from Councilor Sherwood,Mr.Quello advised he and his wife have no plans to use this facility as a Bed and Breakfast Inn. Councilor Woodruff commented that the 100-year old,restored Quello home is an asset for the City of Tigard. He said he would like to figure out a solution so a property such as this does not get sold for development. He said he understands there was neighborhood opposition to the events held at the Quello house in the past Councilor Woodruff said he supported reviewing this again. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 5 Jerree Lewis-060815Minutes[1].pdf • • Page 6 Agenda Item Discussion&Comments Action Items(follow up) Councilor Wilson said he was serving on the Planning Commission when this issue came before the City last time regarding the Quello property. While the alternative might be that the property will be sold to a developer,there was a need to balance neighborhood concerns. Mr.Quello acknowledged the issues previously, which he characterized as a learning experience. At that time,weddings were being conducted on the property. If he is allowed to have events on the property,he said he would agree to restrictions, • including rules regarding amplified music and the use of"DJ's." Discussion followed regarding parking and concerns that might arise.Community Development Director Coffee suggested that conditional use standards could be developed to address these types of issues. Mr.Quello advised the Quello House was listed on the National Historical Site registry,which must be renewed every 15 years. He will need to reapply next year to retain this designation. Councilor Harding supported another review and coming up with something creative for the Quello House. Councilor Sherwood said she would be happy if a good compromise could be found. She suggested that Mr.Quello talk to his neighbors to build support for his proposal. Community Development Director Coffee referred to the process for a Community Development Code text amendment to allow conditional uses on historical sites. The legislative hearings on a proposed text amendment would take place before • the Planning Commission and the City Council. He reiterated that if the text amendment is approved, the conditional use approval for a specific site will be held before the hearings officer. Neighbors would be notified of this conditional use hearing. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 6 Jerree Lewis-060815Minutes[1].pdf • Page 7 Agenda Item Discussion&Comments Action Items(follow up) 6. Discuss City Assistant City Manager Newton presented the staff After discussion,City Council Report report. Council members agreed that Card staff should review the At the May 16,2006,City Council meeting,Council report card draft and make members asked that the Committee for Citizen appropriate grammatical Involvement review and provide comments on the changes. Room should be proposed Council report card. Councilor Sherwood left after each question for noted that she and Councilor Woodruff came across written comments. The the report card idea and thought this would be a Report Cards will be good evaluation tool for Tigard City Council. submitted to Board and Councilor Woodruff suggested using the proposed Committee Chairs and the format this year and modify as needed. Report Executive Staff. Names of cards could be done every year or two. persons filling out the card will not be requested; however,the City Council would like differentiation between the two groups;that is,identify whether the form was completed by a Board/Committee member or an Executive Staff member. 7. Update on Assistant City Manager Newton presented the staff the Status of report. The summary of progress made on the City the 2006 City Council goals for the second quarter of 2006 is on Council Goals file in the City Recorder's office. 8. Consider an City Council discussed the Council Groundrules on Motion by Councilor Amendment to July 11,2006. The following wording was proposed Sherwood,seconded by the City for consideration as an addition to the City Council Councilor Woodruff,to Council Groundrules: Council members should attempt to give at adopt Resolution No.06-51. Groundrules least 24 hours'notice,by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item The motion was approved by for separate discussion. a unanimous vote of Council present. RESOLUTION NO.06-51—A RESOLUTION AMENDING THE COUNCIL GROUNDRULES Mayor Dirksen Yes (EXHIBIT A)AND SUPERSEDING Councilor Harding Yes RESOLUTION NO.04-83 Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 9. Consent Mayor Dirksen reviewed the Consent Agenda before Motion by Councilor Wilson, Agenda the City Council: seconded by Councilor Sherwood,to approve the 9.1 Approve Council Minutes for July 18,2006 Consent Agenda. Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 7 Jerree Lewis-060815Minutes[1].pdf • • Page 8 • • Agenda Item Discussion&Comments Action Items(follow up) 9.2 Appoint Building Appeals Board Member- Resolution No.06-52 The motion was approved by a unanimous vote of Council A RESOLUTION OF THE TIGARD CITY present COUNCIL APPOINTING DAN PELISSIER TO THE TIGARD BUILDING APPEALS Mayor Dirksen Yes BOARD Councilor Harding Yes Councilor Sherwood Yes 9.3 Approve Budget Amendment#4 to the FY Councilor Wilson Yes 2006-07 Budget to Increase Appropriations in Councilor Woodruff Yes the Gas Tax Capital Projects Budget within the Community Investment Program for Additional • Funding for the Hall Boulevard Sidewalk Project —Resolution No.06-53 • A RESOLUTION APPROVING BUDGET AMENDMENT#4 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX CAPITAL PROJECT BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE HALL BOULEVARD SIDEWALK PROJECT 9.4 Approve Budget Amendment#5 to the FY 2006-07 Budget to Increase Appropriations in the Parks Capital Project budget within the Community Investment Program for Additional Funding for the Tualatin River/Cook Park Trail from Garden to Bridge Project—Resolution • No.06-54 A RESOLUTION APPROVING BUDGET AMENDMENT#5 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE PARKS CAPITAL PROJECTS BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE TUALATIN RIVER/COOK PARK TRAIL FROM GARDEN TO • BRIDGE PROJECT 9.5 Local Contract Review Board: a.Award Contract for the Construction of the Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 8 Jerree Lewis- 060815Minutes[1].pdf • • Page 9 Agenda Item Discussion&Comments Action Items(follow up) • FY 2006-07 Pavement Major Maintenance Program(PMMP)—Phase 1 b. Award Contract for Grounds Maintenance at the City's Water Reservoir Sites and Storm Water Quality Facilities Administrative City Manager Prosser reviewed the following Items Administrative Items with the City Council: ➢ Mayor Dirksen advised Tri-Met would like to hold its quarterly board meeting(October 25)in the City of Tigard. It is possible there will be a demonstration of the equipment that lays • railroad track a quarter mile at a time. ➢ Potential joint meeting with the Intergovernmental Water Board and the City of Lake Oswego City Council on October 24. The consultant will present information so policy discussions can begin. D Fifth Tuesday Council Meeting will be on August 29,2006,7-9 p.m.in the Tigard Water Building. ➢ Status of nominations for Mayor and City Council candidates for November 2006 election: Mayor Candidate: Craig Dirksen;Councilor Candidate Gretchen Buehner.Nominations for • Mayor are closed;nominations for Council members dose August 28,4 p.m. • Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 9 Jerree Lewis-060815Minutes[1].pdf • • Page 10 Adjournment The meeting adjourned at 8:53 p.m. Motion by Councilor Sherwood,seconded by Councilor Woodruff,to adjourn the meeting. The motion was approved by a unanimous vote of Council present Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Upil-.Q_Cf-lei— e Catherine Wheatley,City Recbrder Attest: Mayor,Ci of Tigard Date: q, /c2-000 • Tigard City Council Workshop and Business Meeting Minutes August 15,2006 Page 10 ... .... ..:. 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MEE National Register of Historical•ces - OREGON (OR), Washington Cillty Architect,builder,or engineer:Unknown Architectural Style:Other, Bungalow/Craftsman Historic Person:Schulmerich.Edward Significant Year: 1915 Area of Significance:Economics,Architecture Period of Significance: 1900-1924, 1925-1949 Owner:Private Historic Function:Domestic Historic Sub-function:Single Dwelling Current Function:Domestic Current Sub-function:Single Dwelling (x1 Shaver--Bilyeu House (added 1993 - Building - #93000014) Also known as Shaver,William E. and Lizzie,House 16445 SW. 92nd Ave., Tigard Historic Significance:Architecture/Engineering, Event Architect,builder,or engineer:Unknown Architectural Style:Other,Queen Anne Area of Significance:Architecture, Exploration/Settlement Period of Significance: 1900-1924, 1925-1949 Owner:Private Historic Function:Domestic Historic Sub-function:Single Dwelling Current Function:Domestic Current Sub-function:Single Dwelling H Sholes, Albert S., House (added 1982 - Building - #82003755) 1599 S. Alpine St., Cornelius Historic Significance:Architecture/Engineering, Event Architect, builder,or engineer:Martin,Richard,Jr. Architectural Style:Bungalow/Craftsman Area of Significance:Architecture,Commerce Period of Significance: 1900-1924 Owner:Private Historic Function:Domestic Historic Sub-function:Single Dwelling Current Function:Domestic Current Sub-function:Single Dwelling X) Shorey, Charles,House (added 1989 - Building - #89000518) 905 E. Main St., Hillsboro Historic Significance:Architecture/Engineering Architect,builder,or engineer:Shorey,Charles v v Architectural Style:Other,Queen Anne Area of Significance:Architecture Period of Significance: 1900-1924 Owner:Private Historic Function:Domestic Historic Sub-function:Multiple Dwelling, Single Dwelling Current Function:Domestic file://C:\Documents and Settings\jerree\Local Settings\Temp\GWViewer\state.html 11/13/2006 City of Tigard> Community>>torical Tigard • Page 1 of 4 J City J Welcome to the City of Tigard Logo City Hall. - Business_ Community__. Police= Library Help Boards & City Cou Departments Mayor's Corner Services Bid Advertisements Business Tax Municipal Code About Tigard Cityscape Newsletter Current C_onstruction Defining Tigard Events Calendar Festival of Balloons New to Tigard? Parks Photo Gallery Recreational Programs Search Tigard Beyond Tomorrow. Find Volunteer Opportunities About Tigard PD Community Policing Crime Prevention FAQ Traffic Youth Services About Your Library Kids and Families Teens Programs and Events Reference Services Using Your Library Volunteer Opportunities WILInet ADA Notice Feedback Form Legal Disclaimer Privacy.Policy Search Tigard via RSS Historical Tigard Tigard RSS Home> Community> About Tigard >Historical Tigard Feeds DESIGNATED HISTORICAL SITES Quick Links Y r I Durham Elementary Home Durham Elementary School, 8040 SW file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard> Community>4110torical Tigard • Page 2 of 4 Affordable Housing Durham Rd. Bid Advertisements Year Designated: 1984 City Council Built in 1920, the school is significant in its Agenda association with early Oregon pioneer and businessman Albert Durham. Cityscape Newsletter Ye-Olde Windmill, 121st St. and Katherine Construction In St. J 121st&Katherine Street Tigard Year Designated: 1984 Development Code Built in 1909 by Edward Christensen, the Emergency water tower stands as a visible testimonial Management to the surrounding land's original Events Calendar agricultural use and to the Wood- Christensen families who lived and farmed Forms there. Job Opportunities New to Tigard? Charles F. Tigard House, 11180 SW Parks in Tigard Fonner St. E Charles F.Tigard House Passports Year Designated: 1984 Room Reservations Constructed in 1909, this is the second house occupied by Charles F. Tigard, the Tigard Municipal seventh son of Tigard's namesake. Charles Code established the area's first general store and Volunteer was involved in other commercial Opportunities activities. W_ ater Division Tigard Farmhouse and Windmill, 10525 Online Services SW Tigard St. ❑ Year Designated: 1986 Tigard Street Farmhouse GIS Online Maps Built in 1900's, the house is significant due Library Catalog- - to its association with the Cowgill family. W I LInet Hal Cowgill, who purchased the property in Online Park 1936, was a long-time employee of Pacific Reservations Power and Light. The residence is one of Utility Payments the few bungalow farmhouses with a water tower still intact. Vendor Registration Joy Theater, 11959 SW Pacific Hwy. Year Designated: 1986 j Joy Theater Constructed in 1939, the theater building is significant as an example of the Art Deco/Modern Style. Substantial exterior alteration, approved by the City, occurred in 1992. The basic massing and style of the building was preserved and enhanced by the alterations. J Tigard Grange Tigard Grange#148, 13770 SW Pacific Hwy. file://C:\.Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard> Community>40torical Tigard • Page 3 of 4 Year Designated: 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. Seven Gables Upshaw House, 9890 SW Peppertree Lane �I Year Designated: 1986 J Seven Gables Upshaw House The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples. John Tigard House, 10310 SW Canterbury Ln. J John Tigard House Year Designated: 1979 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. Gaarde House, 11333 Gaarde St. Year Designated: 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who Gaarde House established a blacksmith shop in 1893 across the road from Charles Tigard's store. The house is one of the few remaining examples of the bungalow style with Craftsman detail. Its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard. Shaver-Bilyeu House, 16445 SW 92nd Avenue J Shaver Bilyeu House Year Designated: *1993 Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due to its association file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 City of Tigard> Community>410torical Tigard • Page 4 of 4 with the Shaver family, who contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the national but not the local registry] Printer Friendly Version (IE 5.0+ or Netscape 6.1+only) Questions, comments, suggestions? Fill out the feedback form. Legal_Disclaimer I Privacy Policy I ADA Notice City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223, 503-639-4171 file://C:\Documents and Settings\jerree\Local Settings\Temp\historic.asp.html 11/13/2006 Jerree Lewis- Public Hearing Notice D406-00005.doc • Page 1 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD, PLANNING COMMISSION ON MONDAY. NOVEMBER 20. 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY. DECEMBER 11 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00005 FILE TITLE: HISTORIC OVERLAY CONDITIONAL USE CODE AMENDMENT APPLICANT: City of Tigard Attn: Sean Farrelly 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The applicant is requesting to amend various chapters of the City of Tigard Community Development Code to allow meetings and events as a conditional use on properties with Historic Overlays and/or on the National Register of Historic Places in residential zones. The following is a summary of the proposed amendments including the affected code chapters: 1. Chapter 18.130 USE CLASSIFICATIONS:Add a"Meeting and Event Use"category; 2. Chapter 18.330 CONDITIONAL USE: Add additional development standards for conditional use types to allow "Meeting and Event Uses" on properties with a Historic District overlay zone and/or on the National Register of Historic Places in residential zones; 3. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Table 18.510.1 - Use Table): Add a use category for "Historic Place Meetings and Events" as a conditional use on properties that have a Historic Overlay and/or are on the National Register of Historic Places in all residential zoning districts;and 4. Chapter 18.740 HISTORIC OVERLAY: Add a General Provision to the Historic Overlay chapter to include"Incentives for maintenance"provision. LOCATION: All residential zones with Historic Overlays. ZONE: All residential zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.330, 18.390, 18.510 and 18.740; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY , HALL. Jerree Lewis- Public Hearing Notice DC0006-00005.doc • Page 2 ASSISTIVE LIS'T'ENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean @ci.tigard.or.us. Jerree Lewis- DCA 2006-00005 Iangua4Poc • Page 1 Exhibit A City of Tigard DCA 2006-00005 SUMMARY OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE Proposed Code Amendment to Allow Meeting and Event Uses as a Conditional Use in Historic Resources in Residential Zones ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories C. Commercial Use types 9.Meeting and Event Use:Activities including parties, weddings, luncheons,meetings, charitable fund raising, or other gatherings for direct or indirect compensation. 18.330 CONDITIONAL USE Section 18.330.050 Additional Development Standards for Conditional Use Types 21. Meeting and Event Uses in Residential Zones a. The property where the use will occur must be in a Historic Overlay zone and/or on the National Register of Historic Places. b. Yearly maximum number of events:A maximum of 18 meetings or events may be held per year. c. Maximum number ofpersons attending a meeting or event: The maximum number ofpersons attending an event shall be 40,provided however, that up to 200 persons may attend up to 6 meetings or events per year. The number ofpersons attending an event shall include all persons present on the property and participating in any way in the meeting or event,including hosts, workers, volunteers, as well as the guests and invitees. d. Hours of operation: The meetings or events may be held between 7AM and 9 PM. All activities related to the meetings or events,including clean-up must cease by 9 PM. e.Lighting:No light source used for the meetings or events shall be directed at another property. All light sources shall be screened,hooded, or covered. 1 Sound systems: Outdoor amplified sound systems for the meetings or events shall not be permitted. g.Noise:For the purposes of noise regulation, the provisions of Section 7.40.130 Jerree Lewis- DCA 2006-00005 Ianguasloc • Page 2 through 7.40.210 of the Tigard Municipal Code shall apply. h. Parking:A parking plan for each meeting or event shall be submitted to the Community Development Department one week prior to the event. This plan shall include a description of the event, the number of expected guests, evidence of the availability of on-street and off-street parking, and signed agreements with any providers of off-street parking for guests. i. No signs related to the conditional use are permitted. j. The Hearings Officer may impose additional site specific conditions on the approval of the conditional use, as referenced in Section 18.330.30.B. k. Violations of the conditions of approval or code provisions could result in the revocation of the conditional use permit by the Director. L The conditional use is allowed to continue so long as the property retains its Historic Overlay and/or National Register of Historic Places designation. Chapter 18.740 HISTORIC OVERLAY Section 18.740.030 General Provisions E. Incentives for maintenance. In an effort to assist in the upkeep and restoration of properties with a Historic Overlay designation and/or listing on the National Register of Historic Places,Meeting and Event Uses may be permitted, subject to Conditional Use approval, in all residential zones. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS (Add Historic Place Meeting and Event Use as a Conditional Use in all Residential Districts. Footnote to indicate applicable to Historic Overlay/National Register of Historic Places only.) TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-15 R-4.5 RR=7 R-12 R-25 RR=40 RESIDENTIAL Jerree Lewis- DCA 2006-00005 languaioc • Page 3 Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R1/C R'/C R'/C Transitional Housing N N N N N C CC Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units,Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P/C' P/C' P/C' P/C' P/C' P/C' P/C' P/C' Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C CC COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N i TABLE 18.510.1(CON'T) Jerree Lewis- DCA 2006-00005 Ianguaioc • Page 4 USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Historic Place Meetings and Events C'2 C'2 C'2 C12 C'2 C'2 C'2 C12 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N C10 C'0 CO INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R' P/R' P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 'Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. °Except water and storm and sanitary sewers,which are allowed by right. 5In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 'When an agricultural use is adjacent to a residential use,no poultry or livestock,other than normal household pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8Attached single-family units permitted only as part of an approved planned development. 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'''. .......••:: ':,.......4.,,,..7.. • .•,4%.04.. .••.0:::: gpII.,...............x s. .'.......• .....;• I'...1t.404f. "7:•1•••••r••••••. :.0.. , ',At • io i• •..:::: ::.• V 1.4. r J.•::::: . 43,fr...... :.:44111:::::••±;:::'::•••••:" .::::::::,:„::.liamkgi:F:m::,•• •,. : :. '' ,, .: -. ...,. *'''' * •• .. .::: .., 1•7:::::::::::::::. • • •••:•::. „:. .....,gr.•:::::..ipt::::::......:::„-4. :.. . . :g . . ,..,..k ..... . . : •:::......1 . ...... ,I ' • . . ... . Is.... .. V. ...1 Jerree Lewis-goal5.pdf • • Page 1 Oregon's Statewide Planning Goals & Guidelines GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES OAR 660-015-0000(5) (Please Note: Amendments Effective 08/30/96) To protect natural resources and current inventories of the following conserve scenic and historic areas resources: and open spaces. a.Historic Resources; Local governments shall adopt b.Open Space; programs that will protect natural c. Scenic Views and Sites. resources and conserve scenic, historic, and open space resources for present Following procedures,standards, and future generations.These and definitions contained in commission resources promote a healthy rules, local governments shall environment and natural landscape that determine significant sites for contributes to Oregon's livability. inventoried resources and develop programs to achieve the goal. The following resources shall be inventoried: GUIDELINES FOR GOAL 5 a.Riparian corridors, including water and riparian areas and fish A. PLANNING habitat; 1.The need for open space in b. Wetlands; the planning area should be c. Wildlife Habitat; determined,and standards developed d.Federal Wild and Scenic for the amount,distribution, and type of Rivers; open space. e.State Scenic Waterways; 2.Criteria should be developed f. Groundwater Resources; and utilized to determine what uses are g.Approved Oregon Recreation consistent with open space values and Trails; to evaluate the effect of converting open h.Natural Areas; space lands to inconsistent uses.The i. Wilderness Areas; maintenance and development of open j. Mineral and Aggregate space in urban areas should be Resources; encouraged. k. Energy sources; 3.Natural resources and I. Cultural areas. required sites for the generation of energy(i.e. natural gas, oil, coal, hydro, Local governments and state geothermal,uranium, solar and others) agencies are encouraged to maintain should be conserved and protected; 1 Jerree Lewis-goal5.pdf • • Page 2 reservoir sites should be identified and 3.The efficient consumption of protected against irreversible loss. energy should be considered when 4.Plans providing for open utilizing natural resources. space,scenic and historic areas and 4.Fish and wildlife areas and natural resources should consider as a habitats should be protected and major determinant the carrying capacity managed in accordance with the of the air, land and water resources of Oregon Wildlife Commission's fish and the planning area.The land wildlife management plans. conservation and development actions 5.Stream flow and water levels provided for by such plans should not should be protected and managed at a exceed the carrying capacity of such level adequate for fish, wildlife, pollution resources. abatement, recreation,aesthetics and 5.The National Register of agriculture. Historic Places and the 6.Significant natural areas that recommendations of the State Advisory are historically, ecologically or Committee on Historic Preservation scientifically unique,outstanding or should be utilized in designating historic important, including those identified by sites. the State Natural Area Preserves 6.In conjunction with the Advisory Committee, should be inventory of mineral and aggregate inventoried and evaluated. Plans should resources, sites for removal and provide for the preservation of natural processing of such resources should be areas consistent with an inventory of identified and protected. scientific, educational, ecological, and 7.As a general rule, plans should recreational needs for significant natural prohibit outdoor advertising signs areas. except in commercial or industrial 7.Local, regional and state zones.Plans should not provide for the governments should be encouragedto reclassification of land for the purpose investigate and utilize fee acquisition, of accommodating an outdoor easements, cluster developments, advertising sign. The term "outdoor preferential assessment,development advertising sign" has the meaning set rights acquisition and similar techniques forth in ORS 377.710(23). to implement this goal. 8.State and federal agencies B. IMPLEMENTATION should develop statewide natural 1.Development should be resource,open space,scenic and planned and directed so as to conserve historic area plans and provide the needed amount of open space. technical assistance to local and 2.The conservation of both regional agencies.State and federal renewable and non-renewable natural plans should be reviewed and resources and physical limitations of the coordinated with local and regional land should be used as the basis for plans. determining the quantity, quality, 9.Areas identified as having location,rate and type of growth in the non-renewable mineral and aggregate planning area. resources should be planned for interim, 2 i....;:... . t • ..ice-:^. . �o-�i'1 .• ; ;rr a f'i oiii :i..k: ,..i:::. x' v ,• i : ax ` ::e } l' :i•..,::vl mp, , j . • :. r'.;p r! :�:..: .:I 4,....:::"...: : .•::::: ,:...... s: .. :•'e1:I . ; :::.;:,p:". • . • j 1:: i i•:• .::;..'.:.q : .:ti.: ■ . x . : ~V.TI- ... • ..... . :.:.. t: .....7.:];;;.:::......;„.:.f.-77:." • . .......:::—— --- . '. :.".. ..— .•. : i ... ..... ...... L 'ieeeee::..."ivy: • _.....'°w �:f iGeil::��::ee:Z" ........ r .• ' ...xx. : au. :xi.... .. • :: r' 3�� :. ........ ii ..,. ...::•:::. i. .':.i%F:: r. ux..•x x ... ... ::-Piligir•••:. p • ........! ::::.:::.:::::: :. xx�i IIMIIIII .:.,:.:: 1 P • .. :.i.:::::::::::::::.:.:.. . '44 LI iVii ''' a • ..:.:::::....;15-:•:::.•::.1:: ii;•:: ** *Is • ■ 0'..:'. i • .•i .i • y� 7• i;.' .;.S.:x.wx..: R'S..fix:xxxxx:.x::x:... .. i • 6 t • ' ..w.xex... ;. .i .:.:'iii :r:'�:.�:• `:.:...... xx,x x: ,'0.. •..••• '.4•' `ii••• •: 'w.f• ........... • . } ♦.:.:.. •.: e • gym®►. _.x. :. S a i {` \ is :nhNwxx !ycxxxxx: �x< • • , • y ....: .., w � 1. !� • ,� '4 • ,. C;ity of Tigard > Community > Historical Tigard Page 1 of 3 rriCity of Tigard, Oregon , , : ,J_:', \It'1L:Il ill, ., 1{-..P.l. [1;i ._ , (;1rl. A , �� �f J ..� � *+� ' 'J\ :I P!dee !o ( 1 [ drilI .. , _A 4 i� -4r!�►� Tig:u•il B.Illonn F.0.1 1%.11 Search 1 City Hall Business Community Police Library Help 14 Nov 2006 Tigard via RSS Historical Tigard • Tigard RSS Feeds Home > Community > About Tigard > Historical Tigard • Quick Links DESIGNATED HISTORICAL SITES ..Home :.Affordable Housing `,�. ..Bid Advertisements J lilt 'I'3 • a r J. 1.Y....") �. 1 • Vi. o► :.City Council Agenda Durham Elementary School, 8040 SW Durham Rd. „ ro •• •, :.Cityscape Newsletter Year Designated: 1984 .} t.. . ' :.Construction in Tigard Built in 1920, the school is significant in its association with early ' ' _A i,'‘I I I r :.Development Code Oregon pioneer and businessman Albert Durham. �i — t :.Emergency .. Management ='�"6' _ III :.Events Calendar . ,�- :.Forms :.Job Opportunities ,d t.� :.New to Tigard? Ye-Olde Windmill, 121st St. and Katherine St. .. . +►1. :.Parks in Tigard Year Designated: 1984 _ ' IA :.Passports Built in 1909 by Edward Christensen, the water tower stands as a •'• • w.. 0 :.Room Reservations visible testimonial to the surrounding land's original agricultural use ire .r ' :.Tigard Municipal Code and to the Wood-Christensen families who lived and farmed there. ;, i a,`. . ,•4 ..Volunteer .: !' W� e , , it Opportunities -. ■ •4 '' PP ri. , IL*'i ':'i :.Water Division r ^' 'J"w 'it! Online Services Charles F. Tigard House, 11180 SW Former St. 4,*b 34 — Year Designated: 1984 e��. - , ' ; , ' :.GIS Online Maps g >' R ,. 4- :.Library Catalog- Constructed in 1909, this is the second house occupied by Charles, i �e•4' ' 4I' WILInet F. Tigard, the seventh son of Tigard's namesake. Charles ..,1 .: „ * :.Online Park established the area's first general store and was involved in other .. ;' " � t•• Reservations commercial activities. "? A ' 1 is >'a :.Utility Payments ► -, :.Vendor Registration "��� �•.f • http://www.tigard-or.gov/community/about_tigard/historic.asp 11/14/2006 City of Tigard > Community> Historical Tigard Page 2 of 3 Tigard Farmhouse and Windmill, 10525 SW Tigard St. ,.. ,;„•t4,17,, i , "., Year Designated: 1986 " 1 � ► 11 •'`-r', . Built in 1900's, the house is significant due to its association with ) R. "� the Cowgill family. Hal Cowgill, who purchased the property in a. • ;, ' i q; 1936, was a long-time employee of Pacific Power and Light. The c°:` 'E'���' + ,.... residence is one of the few bungalow farmhouses with a water � --- `�, , tower still intact. - 4 t.Joy Theater, 11959 SW Pacific Hwy. C • Year Designated: 1986 w Constructed in 1939, the theater building is significant as an k. example of the Art Deco/Modern Style. Substantial exterior alteration, approved by the City, occurred in 1992. The basic fi'_' massing and style of the building was preserved and enhanced by 4 c� -.- � � \ A- the alterations. 11i1f Tigard Grange #148, 13770 SW Pacific Hwy. Year Designated: 1986 u In continuous use since 1925, the building is an important ..'., , "'. landmark because it is representative of the efforts of early grange •` , .. , . 4,,,members, including Wilson Tigard. • , 4!,.:,,,,, ;tom ^ Seven Gables Upshaw House, 9890 SW Peppertree Lane k:', f ., d` %k,, - , ,'i* Year Designated: 1986 ."'_'' " ' ,' iv,;; ' The residence is significant in its association with the Upshaw � '' ' + ?tom . family since 1909, when the Rev. William Loomis Upshaw retired to - " • �� the house after serving as the minister of a north Portland church r and became involved with the production and marketing of apples. 0 , - - =- rwr J ''::' John Tigard House, 10310 SW Canterbury Ln. Vf �1' t �+Year Designated: 1979 I ,' -- �, 41 _; ' . http://www.tigard-or.gov/community/about_tigard/historic.asp 11/14/2006 City of Tigard > Community > Historical Tigard Page 3 of 3 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. --_ Gaarde House, 11333 Gaarde St. •''''`1-'; ✓,• Year Designated: 1991 •.,,� .....4'. .�� �• The house was built in 1922 by Hans Gaarde, the son of John :4,17:41..,� Gaarde, who established a blacksmith shop in 1893 across the road ,• from Charles Tigard's store. The house is one of the few remaining . ,a :_1 I t5 examples of the bungalow style with Craftsman detail. Its "" • . '1 significance rests primarily on its association as a landmark of the ~' "�.,. i5 .& Gaarde family's early presence in Tigard. r'rW" Shaver-Bilyeu House, 16445 SW 92nd Avenue ~ , ?" �`� `�`• Year Designated: *1993 ~{ Constructed in 1906, the Shaver-Bilyeu House is the best surviving t,.; ,..,, ; vernacular Queen Anne Cottage farm residence in the Durham y. 4 - ., r , .•�,, community of Tigard. It is significant culturally due to its , , association with the Shaver family, who contributed to the -' ,i "� -,'� formation of the local school district, and to its later association .i1 g. '. with J.C. Bilyeu, first postmaster of Tigard. [*note: listed on the i.• national but not the local registry] • to Printer Friendly Version (IE 5.0+ or Netscape 6.1+ only) • Questions, comments, suggestions? Fill out the feedback form. Legal Disclaimer I Privacy Policy I ADA Notice City of Tigard, 131255W Hall Blvd,Tigard, OR 97223, 503-639-4171 http://www.tigard-or.gov/community/about_tigard/historic.asp 11/14/2006 Tom Coffee- Fwd: Unlawful Zoning Cha•(Out of Office) • Page 1 From: Cathy Wheatley To: Council; Woodruff Tom 0 Date: 11/20/2006 3:52:55 PM Subject: Fwd: Unlawful Zoning Change (Out of Office) Hello, The e-mail below got"caught" in the filter on my computer. I found it a few minutes ago and redirected it to my regular e-mail. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy @tigard-or.gov >>> Cathy Wheatley 11/20 3:38 PM >>> I am out of the office until Monday, November 20. I will respond to e-mail requests on Monday, but if you need immediate assistance, please contact Deputy City Recorder Carol Krager at carolk a(�tigard-or.us,or you may call her at 503-718-2419. Cathy Telephone Number: 503-718-2140 >>>gglenc 11/17/06 20:48 >>> TO: Mayor, City Councilors and Planning Dept. Staff Hi Cathy, The City of Tigard and its planning dept. are attempting to foist an illegal land-use, zoning change on the entire city,that includes the Genesis Development that in effect will allow a COMMERCIAL USE in a residential area. The City Planning Dept. and the City Council/Mayor of Tigard have demonstrated their lack of representation of the citizens and their commitment to"special interests" in this city that the VOTERS will NOT tolerate. The laws have been violated by city officials and staff. One would have thought that the First Tuesday in November's election would have given the electeds on the Tigard city council a WAKE-UP call. Perhaps not. As a citizen, activist, and voter in this community, I cannot allow such a major revision of zoning code to occur to jeopardize the land values of the residential properties in the Genesis Development, and other residential areas in the City of Tigard by the planning dept., its employees, the appointed commission, and the city council. The laws are being TRASHED by the City Government which will bring litigation, legislation, and political action, against it BY the citizens of this city. Moreover, IF the planning dept. and the city council/mayor pursue such unlawful zoning changes, please understand the purpose of the electoral RECALL in Oregon. That will be employed given the abject corruption that has occurred as some of the city council members have been"entertained"by the very person who will benefit financially if such a rezoning is permitted BY that city council. Please note that the city council members who have NOT REPORTED receipt of the"value"of that entertainment from that person who is petitioning the Council, then each of the City Councilors is in CRIMINAL VIOLATION of the Oregon Ethics Code! Tom Coffee - Fwd: Unlawful Zoning Age (Out of Office) • Page 2 The next session of the Oregon Legislature will bring to bear amendments to such laws that govern the city of Tigard (i.e. the city's charter). If the City Councilors continue on this path,there will be no reason for city residents to remain IN the city of Tigard and do have the ability to secede from the city of Tigard, OR, by charter the City of Tigard can be absorbed by other units of government.Those are just a few examples of"citizen action" against those who are willfully violating the state's and city's land-use laws on behalf of"cronies" in the city, at the expense of the other law-abiding residents. Please note the wide-range of citizens who would be harmed by such a move by the city of Tigard (to rezone residential use to a commercial use)and the extent to which those residents will respond in-kind. The exposure by the city councilors and planning dept. staff IS a legal one given the"entertaining" by the petitioner OF the city councilors, each of whom now are exposed by law. It is in the best interest of the citizens of Tigard, the Genesis neighborhood, and frankly,the political longevity of the city councilors and mayor's terms of office, to DROP such a corrupt idea as to commercialize a residential area (as in the Genesis Development). If the city staff and councilors/mayor pursue the current course of action, citizens will be forced to bring a political, legislative, and legal response to each. Please do not cause this to occur. Drop the issue on the Monday night's agenda and leave the neighborhoods alone. Respectfully, Glen Comuntzis Tigard, Oregon Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. CC: Craig Prosser; Liz Newton; Tom Coffee 1 Sean Farrelly-Chapter 18.130.020 Page 1 From: <sissydlt @att.net> To: <cathy @tigard-or.gov> Date: 11/20/2006 10:38:28 AM Subject: Chapter 18.130.020 We continually receive unsigned flyers encouraging us to notify both the Tigard City Council and Tigard Planning Commission (specifically the public hearings beig held 11/20 and 12/12) to voice disapproval of the condition use of historical sites. I would like to express our thoughts. We live around the corner from the Shaver-Bilyeu House, a block away from Tigard High School. Having functions at this house is not a problem. It can not be any worse than Tigard athletic events. Noise/Music? We live next to Cook Park and there are occasional evnets going on there as well. Sherilyn de la Torre Donald J. Hook 503.639.5271 CC: <jeree @tigard-or.gov>, <sean @tigard-or.gov>