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06/02/1993 - Minutes JUN-. 9-93 WED 7.32 P. 01 • NPO #3 MINUTES June 2, 1993 1. Joint meeting with NPO #7 called to order at 7:08 p.m. 2. Liz Newton presented the proposed new land use notification process. Discussion, questions and answers followed. 3 . Liz presented the CIT boundaries which will take effect on July 1, 1993. Considerable discussion was held and several suggestions were made regarding minor boundary changes and structure which Liz will take back to staff. 4 . We were assured that any land use actions presently active will be continued under the NPO format. CIT's should start meetings in the fall, NPO' s will cease as of June 30. S. Joint meeting adjourned and NPO #3 was called to order at 8:07 p.m. 6. Present-Porter, Bishop, Froude, Garner and Hansen. Excused- Mortensen and Helm. 7. Minutes of May 5, 1993 approved. 8. Scatus report of Ames Orchard II. Revised plan has been submitted showing one entrance to the subdivision at 121 Ave. and Gaarde St. NOTION: It was moved and seconded to approve the new plan as presented. Four yes votes, one abstention. 9. Hot'n Now update. Continued discussion of the neighborhood Concerns were followed by the four MOTYONS listed below. a. It was moved and seconded to appeal the Community Development Directors interpretation of a major modification. See attached letter from Ed Murphy. b. It was moved and seconded to comprehensively deal with the access issues involving Public Storage, Taco Bell, Pietro's and Hot'n Now. c. It was moved and seconded to form and subcommittee of NPO #3 to pursue a major modification development application (CDC 18.32.020 A. 4.1. ) and request a waiver of fees. d. It was moved and seconded to appoint Martha Bishop as chairwoman of the subcommittee and to authorize her to appoint members from the neighborhood and NPO #3 . All four motions passed unanimously. 10. Meeting adjourned at 9 :05 p.m. Re Teclly submitted, T, x � L la Garner JUN- 9-93 WED 7:32 P. 02 May 27, 1993 CITY OF TIGA►RD OREGON Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Dear Mrs. Bishop: Thank you for your recent letter. 1 appreciate your concern over the safety and livability of your neighborhood, as well as your concern that the staff may be making discretionary decisions where the Development Code gives staff no such discretion. In the case of Hot'n Now and Taco Bell, the essence of your letter seems to be that the staff approved a change in the proposed site plan which added a driveway connection between Taco Bell and Hofn Now without determining that it was a"major modification". A"major modification" determination would have required a new site development review application and a new public notice of the decision with an opportunity for an appeal. Although that would have been the situation had Hoen Now's site plan already been approved or developed, it is not the situation in this case. Hot'n Now's plan had not yet been finally approved at the time of the modifications. Therefore,the requirements of the Community Development Code on major modifications (18.120.070.B) do not apply. To review the background in more detail: Hot'n Now originally submitted plans showing the restaurant site could only be accessed from a single driveway from SW Park Street. Those plans were provided to the NPO,neighbors,and other reviewing agencies for review. The Planning Division approved the Hot'n Now plans on November 11, 1992. NPO #3 filed an appeal to the Planning Commission of that decision on November 20, 1992, Subsequently,Taco Bell,the parent company for Hoen Now,submitted a Site Development Review application for another restaurant on an adjacent site. That application was submitted on December 2, 1992. The Taco Bell site plan included a driveway connection to the Hot'n Now site. A small scale site plan was submitted showing both sites together. From that point on, staff was very clear in our discussions with the NPO and neighbors that the Hoen Now proposed development was being considered with alternative access plans - the first plan with access to Park Street only, and the second plan with a possible driveway connection to SW Pacific Highway through the proposed Taco Bell development contingent upon the approval of the Taco Bell proposal. That is also how the Hot'n Now development plan was presented to the Planning Commission by staff and the applicant's representative at the appeal hearing on January 4, 1993. The tape recording of that hearing and the overhead transparencies used by staff clearly indicate that both plans were clearly presented to the Planning Commission at the hearing, '?5 SW Nall Blvd., 11gard, OR 97223 (503) 639-4171 TDD (503) ARe.977) JUN--9-93 WED 7:33 Martha Bishop Page 2 May 27, 1993 Community Development Code Section 18.120.070 concerns major modifications to approved development plans or existing development. This Section would require submittal of a new Site Development Review application if a change was being made to an approved plan for the proposed Hot'n Now, and if those changes met certain standards of Section 18.120.070.8 which deal with the magnitude of the change, Staff found that the submittal of an alternative design for the Hot'n Now site was proper since there was no approved Site Development Plan at the time of the submittal and therefore Code Section 18.120.070 was not applicable. The Planning Division's approval of the original HoVn Now site pian was under appeal at the time of submittal of the modifications and therefore there was no valid approved development plan at that time. Opponents of the proposed development were clearly aware of the alternative access plan through the Taco Bell site prior to the Planning Commission hearing on the Hofn Now appeal. Upon your raising this issue relative to the changes in the site plan to the Planning Commission at the Commission's March 22, 1993 hearing, the Commissioners responded that they were fully aware of the proposed Hot'n Now connection through the Taco Bell site when the Commission heard the appeal on the Hofn Now development plan. I have determined that the changes to the originally submitted site plan for the proposed Hot'n Now development were properly submitted as a modification to an unapproved site plan that was still under review. As such, the submittal does not fall under the scope of Code Section 18,120.070 which relates to modifications to approved site plans or existing development. I do not believe there has been anything improper about how this matter has been handled. Staff was not using discretionary judgement or flaunting the codes. Further, I do not believe that any person or group has been deprived of their rights to review and comment on the proposed modification prior to a final decision being issued on this application. I hope this letter adequately clarifies the process and my reasoning based on the Development Code provisions. I believe City staff has acted properly and professionally in this regard. If you have any further questions regarding this issue, please contact me. Sin rely, EdMorph Community Development Director br/DiohopItr