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04/22/2002 - Packet Attachment 2 City of Tigard C—..*D-d.y--r TIGARD PLANNING COMMISSION soap-gA&twCmm--,y APRIL 22, 2002 7:00 p.m. TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2002-00001 PLANNED DEVELOPMENT DENSITY BONUS LIMITATION AMENDMENT REQUEST: A request to amend the Planned Development requirements within the Tigard Development Code to limit the ability to grant density bonuses for areas constrained by sensitive lands (steep slopes greater than 25%, wetlands, drainageways, or 100-year floodplain). The amendment request is based on the present ability to seek density bonuses for preserving trees or open space in these constrained and otherwise undeveloped areas. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 10; and Community Development Code Chapters 18.350, 18.380, 18.390 and 18.790. 6. OTHER BUSINESS Choose Planning Commission representatives for Tree Board and Transportation Financing Strategies Task Force. 7. ADJOURNMENT Attachment 6 DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 22, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Buehner, Mores, Scolar, Sutton, Webb, and Wolch (alternate) Commissioners Absent: Commissioner Munro Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS ➢ The annual event to honor City volunteers is a family picnic scheduled for July 18, 2002, at Cook Park. Food will be provided by the City and the Tualatin Valley Community Band will perform. 4. APPROVE MEETING MINUTES Commissioner Buehner moved and Commissioner Webb seconded the motion to approve the March 18, 2002, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 6-0. Commissioners Anderson and Mores abstained. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2002-00001 PLANNED DEVELOPMENT DENSITY BONUS LIMITATION AMENDMENT REQUEST: A request to amend the Planned Development requirements within the Tigard Development Code to limit the ability to grant density bonuses for areas constrained by sensitive lands (steep slopes greater than 25%, wetlands, drainageways, or 100-year floodplain). The amendment request is based on the present ability to seek density bonuses for preserving trees or open space in these constrained and otherwise undeveloped areas. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, PLANNING COMMISSION MEETING MINUTES — March 22,2002 — Page I CRAFT 2, 5 and 10; and Community Development Code Chapters 18.350, 18.380, 18.390 and 18.790. STAFF REPORT Associate Planner Morgan Tracy presented the staff report on behalf of the City. He explained that this amendment results from a January 28, 2002 work session to review the planning development process and specifically identify areas of concern regarding density bonuses granted to projects that preserve open space and trees in sensitive land areas. As the land supply in Tigard grows increasingly limited, sites constrained by identified sensitive areas are more likely to be developed. Currently, the code allows developers to increase the density of a project by setting aside these constrained areas in common open spaces. Further density bonuses are allowed for the preservation of trees in wetland buffers. It was determined that because these areas are protected separately in other sections throughout the code, the developer should not get a bonus for preserving land already required to be protected. In addition, the tree ordinance provides incentive for tree preservation. The proposed code revisions alter the density bonus allowances by eliminating bonuses for land already constrained in other sections of the code. The revisions will not impact the amount of open space required or the amount of sensitive lands and trees required to be preserved and therefore staff recommends approval. President Padgett noted that the original intent of the density bonus provisions was not to allow a planned development higher density ratios merely by leaving alone land that could not be developed anyway. Commissioner Buehner asked if the revisions will trigger any issues under Dolan or Measure 7. Staff responded that the Dolan decision affects takings and does not apply here. The revisions do not decrease the amount of land allowable for development. Measure 7 is another question because it has not yet been fully resolved. Staff advised that this matter goes before the City Council on May 28, 2002. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Mores moved to make recommendation to the City Council to approve ZOA 2002-00001, based on the contents of the staff report and prior discussions of the Planning Commission. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. PLANNING COMMISSION MEETING MINUTES — March 22,2002 — Page 2 DRAFT 6. OTHER BUSINESS ➢ Commissioner Glenn Mores reported on the Transportation Financing Strategies Task Force. A street maintenance fee is being proposed. City Council approval will likely be achieved by this summer. The task force will be disbanding in July or August and therefore does not need another Planning Commission representative. ➢ Commissioner Judith Anderson gave a report on the Tree Board. The board has been meeting with City Forester Matt Stine to determine its direction. They are in the process of formulating the goals and objectives of the board. Projects include the- designation of Tigard as a Tree City USA, Arbor Day events organized to take place Friday, May 26, at Templeton Elementary School, and a street tree inventory to determine the diversity of trees in the City. The board requests at least one other Planning Commission representative. If a commissioner is interested in being on the Tree Board, they should contact Susan Koepping. The next meeting is May 13, 2002, at 7:00 p.m. ➢ President Padgett commented that while it is important to have at least one Planning Commission member represented on each City committee, he does not want to pressure Commissioners to be on more than one committee or task force unless they desire it. Commissioner Anderson noted that the number of Planning Commission representatives on the Tree Board is required by the ordinance formulating the board. ➢ President Padgett proposed that Zone Ordinance Amendment 2002-00001 be referred to as the Nick Wilson Amendment in honor of the past Planning Commission president who advocated the amendment. ➢ The next Planning Commission meeting is scheduled for May 20, 2002. 7. ADJOURNMENT The meeting adjourned at 7:25 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES — March 22,2002 — Page 3 NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: Attachment 3 THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development Shaping A Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE FOLLOWING WILL BE CONSIDERED BY THE TIGARD PLANNING COMMISSION ON MONDAY, APRIL 22, 2002 AT 7:00 PM AND BY THE TIGARD CITY COUNCIL ON TUESDAY, MAY 28. 2002 AT 7:30 PM. THE HEARINGS WILL BE HELD IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2002-00001 FILE TITLE: PLANNED DEVELOPMENT DENSITY BONUS LIMITATION AMENDMENT APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: A request to amend the Planned Development requirements within the Tigard Development Code to limit the ability to grant density bonuses for areas constrained by sensitive lands (steep slopes greater than 25%, wetlands, drainageways, or 100-year floodplain). The amendment request is based on the present ability to seek density bonuses for preserving trees or open space in these constrained and otherwise undeveloped areas. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 10; and Community Development Code Chapters 18.350, 18.380, 18.390 and 18.790. THE PUBLIC HEARINGS ON THIS MATTER WILL BE HELD UNDER TITLE 18 AND THE RULES OF PROCEDURE ADOPTED BY THE COUNCIL AND AVAILABLE AT CITY HALL OR THE RULES OF PROCEDURE SET FORTH IN SECTION 18.390.060E. ASSISTIVE LISTENING 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. 320 (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 HEARINGS, THE HEARING AUTHORITY WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARING AUTHORITY 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 REQUEST PRIOR TO MAKING A DECISION. 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 (25G) 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 MORGAN TRACY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. Attachment 4 C) MUNITY NEWSPAPERS O. BOX 370 PHONE(503)684-0360 Legal BEAVERTON,OREGON 97075 Notice ' 'T 1_0030 Legal Notice Advertising City of `2i-gaYc1 .,_ 1-31-25 SW Hall 113 lvd. CITY OF TIGAI�D �Tigar-d,Oregon 97223 Accounts Payable OREGON, ; The following will be considered by the Ti" {" Commission on Monday,April 22,2002,at 7:00 p' Civic Center—Town Hall, 13125 SW Hall Blvd.,`Tig AFFIDAVIT OF Pt" public oral or written testimony is invited.The puhlic;h . ; STATE OF OREGON, matter will be held under"Title.18 and rules of pro" COUNTY OF WASHINGTON, j SS the Council and available at'City Hall or the ruli s. forth in Section 18.390.060E.The Planning Commissiou:srt I, T:a t h y S n Yd e r for the purpose of making a recommendation to the City:._ being first duly sworn, depose and say that the request. The Council will then hold a public Director, or his principal clerk, of threquest prior to"making a decision. 23 erLfonaticinformation be obtained from City.' o a newspaper of general circulation as defi Furth nO125$W Hall Blvd.,Ti , reoi`£Z Planning Divisionati 1 and 193.020; published at Tigard Ti a_i ? aforesaid county and state; that the by calling 503-639-4171. y =° P rn b l i(- HP a r i n a/7 OA 2002—OC C PUBLIC HEARING ITEM: ZO " 2002-etfl", ZONE ORDINANCE AMENDMENT"( Q) a printed copy of which is hereto annexed, >PLANNED'HE�LOPMENTJDENSITY-B. = ; entire issue of said newspaper for nNE LIMITATION AMENDMENT- ____ uiie�' consecutive in the following issues: REQUEST: A request to amendP a Planned Developmezeq ments within the Tigard Develo ment Code'to limt.�the`;aliilityt : April 4 ,2 0 0?. grant density bonuses for areas constrained by sensitive`lanis` e % +slopes greater than 25%;wetlands,drainageways,or plain}.The amendmenf request is based on the present alltyf(seek density bonuses for preserving trees or open space in ihes con J strained and otherwise undevelopable areas. LOCATION: Citywide. ZONE: N/A. APPLICABLE,REVIEW .CRITERIA: Statewide Planning Goals 1, 2, 5 ,:and`'10 'and Chapters 18.35Q 18.3 0;18J390`arid Community Development Code Subscribed and sworn to f me this d t b 18.790. TT10030—Publish April 4,2002. OFFICIAL SEAL tary Public for Oregon ROBIN A BURGESS NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO.3445M MY COMMISSION EXPIRES MAY 16,2005 AFFIDAVIT TIGARD Attachment 5 PLANNING COMMISSION , AM CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM#: s Page OE71 DATE OF HEARING: CASE NUMBER(S): Z 0,4 a p Ua— 0 000 1 OWNER/APPLICANT: C^ LOCATION: PLEASE-PRINT',YOUR NAME, ADDRESS, AND ZIP CODE ------------- PROPONENT (For the proposal) OPPONENT (Against the proposal) (Print Name/Address Wp&Affiliation) (Print Name/Address/Zip&Affiliation) Name: Name: Address: Address: City: State: Zia: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zia: Name: Name: Address: Address: City: State: Zip: City: State: Zip- Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: