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ZOA93-0002 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. S ! •$I 93-0002 1 /1 Z }•5 fl u .; .� <., a�+-w,:a.anwvs..�xs=s..��aw».w<uv�sn,-�.�.�:..,w,�.a.c,e+-,...v.�J�us.a+...,.-.w,.,x�..xrrar.+s.�wr.xxrww..u,�.aw+brwa�w�+�•�-^Aw:xw�'.4++ +.«*+-.+-�»f++en..•w+.w+.f-.u,.,r+�++�arf*wer'wra.c.w*aw-vsrse,rdaxzaace�' ,"4':::,t;';''.::.;'',4:::'''''';'v .& i t ., 1J 4 w :y"Iii !; p :,. .,''',.(;;..r..../,.,....:.:.;,, .;,',,,:'..i.:'i''',.',''.'''' ' ' , . ;,..." IL, . (((i 'R., Y4µ : ti Yj ...{. 1. • 3I 1, l • ."',.,':'y'.:*;1,'''.',‘.. , ::::.: • ,, 0 ' ,. y y: ''':‘,''...;.`i: L, . a :'3i H, pr ) -t Il °t 4''..t' �1\ f ...,,,,,4s.,•,..-,,,,.•.,,,i1,-,,-..-..•,...,'n 'ii: :;'‘‘.1.1::;:;'::::.I` d;" `` r1 .''''''.':•, :�;, ` is = „, , 0 .4'. Motion by CouncIor Hunt, seconded by Councilor Schwartz, to remove Consent Agenda 4.6a. for consideration at the April 27, '_ s;. 1993, Council meeting. The motion was approved by a unanimous r vote of Council present. Motion by Councilor Fessler, seconded by Councilor Schwartz, to approve the Consent Agenda, less Item 4.6a. The motion was approved by a unanimous vote of Council present. 4.1 Approve Council Minutes: March 16 and 23, 1993 ' { 4.2 Receive and File: F .< a. Council Calendar b. Solid Waste Rate Review March 25, 1993, '` '` Memorandum from Acting Public Works Director to ,, City Administrator 3 c. Purchase Using Forfeited Assets - April 2, 1993, Memorandum from Chief of Police to Mayor and City Council 4.3 Approve Policy Making Tape Recordings of Council Business ' Meetings Available in the Tigard Public Library on a Six , • 4 , Month Trial Basis 4.4 Approve Agreement Accepting U.S. Fish and Wildlife ' - Service Grant Funds (Administered through Metro -- ', Greenspaces Grant) and Authorizing the Mayor to Sign '' • ,: 4.5 Approve Resolution Recognizing Grant Revenue (Metro Greenspaces) and Increase Appropriations to Permit . ' -; ' Expenditure of Grant Funds v Resolution No. 93- 14 4.6 Local Contract Review Board: a. Bid Award - Dartmouth Street (Set over to 4/27/93) -' b. Bid Award - Vehicle Purchase of Cab and Chassis to r. F ` Guaranty Chevrolet and Service Van Body to ', Commercial Body Builders s t!? 5. ZONING ORDINANCE AMENDMENT ZOA 33®0002 BILLBOARDS ( t '• .4', MPG'S) A proposal to amend sections 18.114 070 and 18.114.090 of the Community Development Code to list billboards under the F. category of signs prohibited (18.114.070.N) and repeal ' k; provisions allowing construction of billboards 1 ' 4 (18.114.090.A.1) . APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1.a, ' a. 1.1.2, 2.1.1, and 2.1.3; Community Development Code Chapters • W 18.30 and 18.114. a. Public hearing was opened. { b. There were no declarations or challenges. • c. Senior Planner Bewersdorff presented the staff report. • 4�Li The potential for. additional bil].boa�rds. exists `under � ' current Code provisions. ` CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 PAGE 4 i t 1 :n u c t, l.:'t w. �..yr' aegz, ru "4 .ak s a ;�v �' •r } Y d. Public testimony: D.K. Paul advised he represented the Colony Creek Neighborhood,Associ ascion. He testified against the � use of billboards rioting objections to smearing,the landscape with billboards and advised they were harmful to the aesthetics and attractiveness of the " City. Additionally, he commented that billboards do not increase business but that, in fact, prices are raised because of their use. The free speech argument used to continue to utilize billboards was argued by Mr. Paul to be Q"legalism" and "legal jargon.“ He .advised that billboards were a "blight" and existing signs should be torn down. • William Denecke, resident of Lake Oswego and business owner at Highway 217 and Scholls advised he agreed with Mr. Paul. He advised of " his surprise that the Tigard Code allowed billboards. He said that Tigard had an image problem to overcome cnd that billboards were one more detraction. Mr. Denecke compared the 217 area 'in Tigard unfavorably to the Kruse Way area in Lake Oswego. • Chris Hartman of Ackerly Signs suggested that the ;> Tigard Code be changed to "cap and replace" language. This would mean that the existing number of signs would be allowed to remain; however, the " signs could be moved to another Tigard location or altered. Brian Obie of Obie Signs noted his family business • had existed for many years. He advised he has worked with the City when objections were raised on the orientation of one of his signs. Mr. Obie said he was trying to build credibility as being cooperative with Tigard. He referred to the Federal government beautification act and advised i,.. that billboards signs are allowed in certain zones. In response to the staff report, he said he did not see the potential for 26 additional signs in Tigard. Mr. Obie said that there is a large investment, OW t• hundreds of thousands of dollars, in the five signs '. .t. G7 he has. He said this represents significant income to the City as assessed on the property tax rolls. Mr. Obie reported that 90 percent of the businesses which use his billboards have Tigard addresses: CITY COUNCIL MEETING MINUTES APRIL 13, 1993 PAGE.5 * - 0 S .4 . .. He advised that he supports the "cap and replace" proposal suggested from the Ackerly Sign representative. ,> With regard to the community objection , to billboards signs, Mr. Obis saidthere were only two 1 people present to testify at the Planning Commission meeting, There, has been no great community response of concern. y a Mr. Obie said he was willing to cooperate with the ,•: City. e Council comments: - Councilor Fessler asked for clarification on 'i the placement (how oriented) and number' of signs present in the City of Tigard. , ' Mayor Edwards objected to the comparison of Kruse Way and 217 in Tigard advising this was y. like comparing "apples and oranges. The Mayor • cited Tigard's economic vitality in reference '` to the comment during testimony about the "image problem." He also advised that he had received two telephone calls concerning the billboard issue; these callers did not object 1 to billboards. The Mayor questioned whether the majority of residents had any problems or strong opinions with regard to billboards. ', z - Councilor Fessler received clarification from Legal Counsel Robinson on the distinction between billboards and freeway oriented signs. i` Councilor 'Schwartz received confirmation from Senior Planner Bewersdorff that ,about 18-20 L billboard permits have been issued. Two billboards are currently under construction. i� Approval of the " proposed ordinance would A. prohibit any additional signs., There was discussion on the t4cap and replace" proposal presented by the sign company owners. . Senior Planner Bewersdorff advised this optionti was not covered under the proposed ordinance. : fnThis ' option, advised Legal Counsel Robinson, rF` ILI would need more study should the : Council . decide to pursue. ' °�•' CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 6 . • Yp f. Staff recommended the Development Code be amended to repeal the provision in Chapter 18'114.070 s.1-4 ' that allows billboards and to list billboards under • a Chapter 18.114.070 N. as a sign prohibited. 4.7 g. Public hearing was closed. h. Council consideration: A { Councilor Hunt advised he would support the proposed ordinance amendment. He said he 1.' would be willing to explore the "cap and `. replace" proposal at a later date. • Councilor Fessler said she also supported the proposed ordinance amendment. She advised she has heard from a number of citizens who objected to billboards. Councilor Fessler • a• j said she would be willing to investigate the "cap and replace" proposal as well. Councilor Hawley advised that she would support the proposed ordinance amendment. She commented that it was not necessary to receive testimony from a great number of people with regard to the representative testimony given by Mr. Paul. Councilor Hawley said changes in - addressing planning issues were being made and would be noticed over, time She referred to planning efforts in the Tigard Triangle area ;` with regard to design standards. � . Mayor Edwards advised he had no problems with the existing ordinance. He noted concerns with spending too much time accommodating and addressing concerns and comments received from a minority viewpoint in the community. . i. ORDINANCE NO. 93-12 AN ORDINANCE .TO AMEND `' PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE 4' SECTION 18.114.070 TO ADD SUBSECTION N. TO PROHIBIT BILLBOARDS AND TO REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 WHICH PROVIDES FOR BILLBOARDS. j . Motion by Councilor Schwartz, seconded by Councilor Hunt, to approve Ordinance No. 93-12. 1 The motion was approved by a majority (4-1) vote of as Council present. (Councilors Fessler, Hawley, Hunt, and Schwartz voted "aye"; Mayor Edwards vot.d "No.") - ' CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 PAGE 7 • r t ♦ 'x w ,, l .�t h ;i[,�a;^�'�.1 ... e .. .. ,, C�� ��i� .1:.. 1 ,5. 3'`�.. .'.4 a. � �y �. . .. ' � '''. ' '' - •i ' - .WITICE OF ADO ' '10`INU"'"..•'.- --'•--* • ' Must Re Filed Within 5 Siorkan. "*'.ys•• See OAR 660--18-040 ��� ' j F.a� l File tanmiser �-� aJ' 3weaSdictlon i ' Date Mailed' f"ip11 !(to 1193 Date of Adoption .......*11_13_1_15.13,_____. b Date Proposal was Provided. to DIAL® ,.' ► _ ,.4,;_, ( . ; Type of Adopted Action (Check all that apply) ` i Comprehensive ` , Land Use New Land Use • Plan Amendment ]C, Regulation Amendment Regulation ' Please complete (A) for text amendments and (B) for map amendments ••••''''-...--''7." A. Sung of Adopted Action (A brief,description is adequate. Please avoid highly technical terms and zone code abbreviations. Please do not write "see attached."): ,<. • n„. ►. fl, i-`•' rc, Pa i'- _,•f!:Lv.(.L.. C. 4i- w 11111.01,NI•t I 0 1 D .,. �� � t q _ , '''. _e '- --L - H. , .' pi '.r' lee - (1 b`1 �.,,�; [�. . ,.ri• 1`b••114.010 _c -.a,_ 400 - �- Describe Sow the Adopted Amendment Differs from the Proposal (If it is the same, write "Same." If it was not proposed, write "N/A."). - .,-, '•,..-i- :,.;: e ,,c V-, B. If the Action Amends the Plan or Zone Nap, Provide the Following Information for Each Area Which was Changel (Provide a separate sheet for each area. T Multiple sheets can be submitted as a single adoption actio . Please include street address whenever possible. Do not use tax,lot number 1'• h is alone.) R• Previous Plan Designation:::: New•Plan•Designation;• • ' , • .."•' - Previous Zone: New'Zone: a • e • Location: • i Acreage Involved 'Does this Change Include za Coal Exception? Xes I _ , :No - r For Residential Changes;Please Indicate the•Change •in •Alloy/ad Density•in Units Per-Net-Acre Previous Density New Density ; .,y , -,.:•.`.,''''.' } f 5g A -- M i. 1 3 s 4 J i L '(1 * ; ';,,r...;' .. -•C i .,.;,4., k • • : •tai..::::..i....-:• '!".zi••••:; ' ' ''' " • •M,x... A . If Wotice of Proposal was Not Sent to DLCD 45 Days Prior to the Final Hearing, , x , d Please Indicate Why: Statewide Planning Goals are inapplicable Emergency Circumstances Required Expedited Review t List Statewide Goals Which Hay Apply= i t List any State or Federal Agencies, l cal diver t or Local Special.Service 4''' Districts 'Which may.be Interested in or Impacted by the Adoptions • ;; It 1I' •A • y.• . i .i.• • _ t.. Direct Questions and Comments T9S�I�ls 4" ,t . 2. LCA II/ r 7 UA• 1 ', ` ai - • (Phone) (..@.J�� L/J 7 J __ . h'e ' Send To: , Department of Land Conservation and Development. , 1175 Court Street, ig.E • 4,5 Salem, Oregon 97310-059@ . ' . of• the;A ted. to. this Form and/or three (3) Copies of • .1::,'„'"-',: :: Attach One'( ) PI . Bound•1l att�'als and Nape Larger th 131/21/2"by 19 'Inches. 0' z• - ROTE: If more copies of this form are needed, please contact the,DI.CDoffi.ce at 373-0050, or this form may be duplicated oo. green.paper. Failuro;.to provide notice �. : 5 . , 0 0 , .,. CITY OF TIGARD, OREGON , �,, CrDINANCE NO. 93- -_.. ''. AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE ,, t` SECTION 18.114.070 TO ADD SUBSECTION N. TO. PROHIBIT BILLBOARDS AND TO :, REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 WHICH PROVIDES FOR BI LLBOARDS. `t'�i WHEREAS, The City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, The City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on March 8, 1993 and voted to recommend approval of the amendment to the City Council; and WHEREAS, The City of Tigard finds that the amendment does not affect City Comprehensive Plan Goals or State Planning Goals; and WHEREAS, The City of Tigard finds that there has been a public outcry % '1' concerning the proliferation, number, spacing and aesthetics of billboards; and , WHEREAS, The City Council held a public hearing on April 13, 1993 to fconsider the amendment. d i , THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1s The Community Development Code shall be amended as shown in z + { , Exhibit "A". Language to be added in UNDERLINED. Language to be ` deleted is shown in [BRACKETS] . " .1 . This ordinance shall be effective 30 days after its passage by the k ., Council, approval by the Mayor, and posting by the City Recorder. -,_: PASSED: By Gt,"(>f l vote of all Council members : Pres Rtafter bei�ri read by number and title only, this 1.3-- ,-. day of iu ( , 1993. Ca herine Wheatley, City corder .,r ® 199 0 APPROVED. This �� day o" ; : g . — • de”-,.'. dw;a is, Mayor co ; Approved s to form: City Attorney f: -- Date ORDINANCE No. 93 f i. Page yrs : ',, y,ak r S r.'.�: d 1 1.„ t.. •, ,{ .. _ ' .... T d'.. • 4 k .1 j yt,.•, e `" �i�< j,; ' &.. '' 1 f 417 t •, EXHIBIT "A" 8. 1, .0 0 Cert inSi• s Prohibited Flo Bi, boards e �orohibited. • �.11boards' ar 18` 114.090 Saia� Condtir�n 5ie�*s_ A. Special condition signs shall have special or unique , , dimensional, locational, illumination, maximum. number or !other requirements imposed upon them in addition to the . egulations contained in this chapter. .[1. Billboard: a. Billboard sign regulations shall be as '.>;. follows: • fl-f. (i) Zones Permitted: (1) Billboard signs shall be permitted only in a C-G commercial zone or I- P, I-L and I-11industrial zones and r^ - then only within 660 feet of Oregon State Expressway No. 217 and/or �` Interstate Freeway No. 5 right-of- ways 2. All new proposed billboard sign(s) within 660 feet of the public right-of-way of a state highway must obtain the necessary permit(s) from the State Highway Division and all billboard sign(s) must be maintained to conform with applicable state requirements pertaining to billlLoards; 3. All signs, together with all of their supports, braces, guys, and anchors shall be kept irn good O. repair and shall be maintained in a safe condition: 3 • a. All signs and the site upon which they are located shall be maintained.in a neat, clean, ii•}}}ii.Y and attractive condition; , b. Signs shall be kept free from excessive rust, ' t corrosion, peeling paint, or other surface ; deterioration; and '. {.. c. The display surfaces of all signs scall. be kept neatly painted or posted; • ti 4. Except as otherwise provided in this " subsection, S. -� - ' ..i .t `:.. .. . � . : ..�...I1. {• ,. .,.. 41 t C, .`amu? - ;a f' . .•..r 1 x a existing billboards which .d6 ga® ce�nforzn to' the p ovisions of 'phis title ' shall be regarded , as !' ' nanconforlaing signs and shall be sub]ect to the provisions of Subsection 18:114,130.] 8. 14.]3® zon .nc District Re ].ations ,- C. Comauericial Zones: 1.e [f. Billboard Signs ire the C1-S4 -G zone only in x t accordance with Section 18.114.090.A6] F. industrial Zones 1. (e. Billboard Signs in accordance with Section ..1,4":,...k.''' ..- l8.13.4ao9o.AY] .. � '.:. x i r ,.1 ...,:::„ - . '2'' 5 s d s: i. fi :+tn{, i 1 q i t y i t ; 1!1 } . ..° , v ' -','`�t. �l .';•` . i w.:" , .r.� ,. ..r; y•}-0 �a ., t vi ., � ._ {*. F , COUNCIL AGENDA ITh CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY , GFA DATES pEmI AS fGoA TITLE: CodeA-e PREVIOUS ATCTT�IODN� srh� 81seai arc . 3 PID nEvili BEAD. _ OCITY ADMIN OK REQUESTED BY: gN ; '"®, : J. C. ' Cw:_, Should the City revise the Development Code to prohibit further billboard and construction? gt is recommended that the Development Code be amended to repeal the a provision in Chapter 18.114.070. A. 1-4. that allows billboards and, to a dist billboards under Chapter 18.114.070. N. as a sign prohibited. Due to the number of inquiries relative to recent billboard; construction h, k along Highways 217 and I-5, the Planing Commission was asked to review the matter. At a work session on February 8, 1993, the Commission voted to initiate a code amendment to prohibit billboards• The Commission held a x public hearing on March 8, 1993 and voted unanimously to` recommend to the city council that billboards be prohibited. Since September, 1991 the City , has granted 18 permits for billboards. Based on state spacing regulations . approximately 14 more billboards could constructed in Tigard. attached ordinance and ]Exhibit "A"', if adopted, would prohib Commission er billboard const anetion� A brief staff report and the Planning : minutes are also attached. ayE�Y�O .kt PROPOS;D N.. I ,�C x 1. Approve the amendment as recommended by the. Planning Commission by adopting the attached ordinance. 2. Deny the amendment as retain the existing code provisions. a. 3. Revise the code to establish more limited spacing and location co requirements. �8 m FISCAL NOTES csi None applicable z ,r. 1'1-* , 4 kr. �zsa�H1, D T i '� T« q'Y, � Y . 1 _, • . t : , 0 0 AGENDA ITEM 5.1 r , MEMORANDUM s CITY OF TIGARD, OREGON' r 1., j' Co3lmission TO: Planning FROM: Dick Bewersdorff ' DATE February .11, 1993 ;' SUBJECT: Amendment to Development Code - Billboards 7 --r. Commissi®n voted to 4 X998 meeting, the Planning At its Februeve 8, • initiate a Development Code amendment t® prohibit billboards.. Billboards) are permitted in the City of Tigard only in the C-G 1' mummerciol zone an dew within feet of the Oregon Expressway NI-L and I-H industrial zones. o ° 1 must also be locate The applicable 217 and Interstate Freeway No. 5 right-of-trays. ,1 ,; code section (18.114.090 A.1.-4. ) is attached. The attached ordinance and Exhibit °"A'i is the staff's :: recommendation to prohibit billboards. This includes repealing Section A.1 through A.4 entirelyandhdbins be locatAdpted (byN. )t to Code ' section 18.114.070 e+owt� n �]_Uns 1 would prohibit further billboard construction in the City while ; leaving in place those billboards already constructed. r ` = the Development Code is a legislative .; ' 1,.. The process of amending �� , , , public hearings by both the Planning Commission =e matter requiring Commission makes a recommendation ,: and City Councils The Planning , ' to the City Council. The proposed changes do not affect wide Planning Goals other than allowing for adequate opportunity , " No City :, participation in the land use process. This is done through ' existing code procedures for notice and hearings. , Comprehensive Plan goals are affected other than following procedural requirements for hearings and notice. Billboards construction has increased recently due, largely, to the 4,4. ' Et to fact that they are permitted along Highways 217 and 1-5. The City _, er its for billboards since September, 1991. a i' The granted 18 p statewide = The total number ®f billboardstinbillboard pernaitstfrom ®thertareas 3a. ,� � � companies have been relocating potential of the " to Tigard to take advantage of the advertising p roxi�l of 14 urban area. Based on state spacing regulations, app . more billboards could be constructed in Tigard. • - This report does not attempt to deal with amortization of . billboards now constructed. Amortization is a very complex h ;: jfinancial and legal issue relative to billboards and would need. significant study prior to consideration. 1 1 4 % ( ter—. 1 1 { j - Alternative actions the Commission and Council could consider include- (1) leaving< the code as is; or (2) revising the code to establish more limited spacing and location requirements. Other communities prohibit billboards. It is an issue of local choice whether or not billboards are desirable or necessary. Staff' recommends prohibiting further billboard construction y • • • 1 • • • D. C, ' • 4 f � M1 � I - ,,, /.6f,f9 7 .r �-, MMS / Oe // 0,,,g te,v __,,.,7_ 0(e,-,-/I.__-, ; =s- - oh s .� A mac , ir / , Ae'1 L . s'' ri ' i /e.—7/� - / ry r r. N. te e � 3 fir , r 'a ;...7„- „ { , <, CITY OF TIGARDD, OREGON ` ORDINANCE NO. 93- , t,1 L '' 'Ll., ORDINANCE To AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE , SECTION 18.114.070 TO ADD SUBSECTION N. TO PROHIBIT BILLBOARDS AND TO '. :. REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 VICE PROVIDES FOR , ' -� BILLBOARDS. - ” , W , The City of Tigard finds it necessary to revise the Community , Deve1OPIU 3nt Code periodically to improve the operation and a implementation of the Code; and S, The City of Tigard Planning Commission reviewed the staff , .. " recommendation at a public hearing on March S, 1993 and voted to ", r recommend approval of the amendment to the City Council; and WHEREAS, The City of Tigard finds that the amendment does not affect City Comprehensive Plan Goals or State Planning Goals, and :' WHEREAS, The City of Tigard finds that there has been a public outcry ,,; 'F concerning the proliferation, number, spacing and aestheti ics of i •i billboards; and r '; ,S, The City Council held a public hearing on April 13, 1993 to consider the amendment. 11 THE CITY OF TIGARD ORDAINS AS FOLLOWS. {2 ; SECTION 1: The Community Development Code shall be amended as � bein Exhibit NA,'. Language to beadded in UNDERLINED. Language .., deleted is shown in [BRACKETS] . ' 1 ,t=om This ordinance shall be effective 30 days after its passage by the i ' Council, approval by the Mayor, and posting by the city Recorder. PASSED: By vote of all Council members present after being read- by number and title only g this 1". " day of , 1993. W `��� ;, 41- thCaerine eat1 le�� City Recorder 1 k APPROVED: This day of19930, Y, ti, W 1 . Gerald R. Edwards, Mayor { Approved as to form: ' i�' ORDINANCE No.- 93 __ Page 1. . t.i zi ,' ..4.. .... 'a, v. !;A * ", .,. a '' S ..0 '`{ . :,i• ' ''.,, k, . i q' t.. ,, ,13, ' city Att¢hrney , y Y Date s; j4 • 0. y J > i , � b-... - ORDINANCE N®e 33�® ,-9,::-.:.'1,'":1, ;: t , 4 , . Page :* . 7Ch y y yf It SS -...;\,,k,.-..,• .5 Qi Qw i 1`�. a �_} 's i ..\�I �:si g ,5'i! •4 ..1a., a, :;. .} .. s ...�. .. _ . ..,,. .� •ii ) e+! 4 , 4, -, „ ..4, • 0 4 r CITY OF TIGARD, OREGON ORDINANCE NO. 93 - AN ORDINANCE TO AMEND PROVISIONS OF THE COMITY DEVELOPMENT CODE ''" - SECTION 18.114.070 TO ADD SUBSECTION N. TO PROHIBIT BILLBOARDS AND TO , REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 WHICH PROVIDES FOR BILLBOARDS. 'i,- . rr WHEREAS, The City of Tigard finds it necessary to revise the Community z Development Code periodically to improve the operation and r{! implementation of the Code; and .f . .. WHEREAS, The City of Tigard Planning Commission reviewed the staff • recommendation at a public hearing on March 8, 1993 and voted to recommend approval of the amendment i..o the City Council; and WHEREAS, The City Council held a public hearing' on April' 13, 1993 to consider the amendment. •,,,.•1t THE CITY OF TIGARD ORDAINS LS ?OLLOWS: ' - SECTION 1: The Community Development Code shall be amended as shown ian Exhibit "An. Language to be added in ITND ►INED._ Language to be f '' deleted is shown in [BRACKETS] . x 41 .::::'%, This ordinance shall be effective 30 days after its passage by the .' Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members , present after being read by number and title only, this day of e, 1993. , ; Catherine Wheatley, City Recorder APPROVED: This day of , 1993. ` Gerald R. Edwards, Mayor ' Approved as to f orm o ', rt. City Attorney Date ORDINANCE No. 93- Y ' , Page 1 ,,i� ,s , ! 4, r t ". -$' ,_ '"'' - '' ' ' ' ' .' . ' t, ' ,. , 410 �'. EXHIBIT t°Ae1 ' ' , ti a 8.114.074 Certain Sicins Proh ited '. N. Billboards Billboards are prohibited. 18.114 0'90 Special Condition Signs A. Special condition signs shall have special or unique s- dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the !regulations contained in this chapter. ii[1. Billboard• • ,-i-, s, a. Billboard sign regulations shall be as follows: i' (i) Zones Permitted: Y=. (1) Billboard signs shall be permitted =a only in a C-G commercial zone or 1- '. ,. p, I-L and 1-H industrial zones and then only within 660 feet of Oregon - ; State Expressway No. 217 and/or 7 Interstate Freeway No. 5 right-of- ways, 1- , s 2. All new proposed billboard signs; within 660 feet ' K of the public right-of-way of a state highway must +,,. { �' '' obtain the necessary permit(s) from the State Highway Division and all billboard sign(s) must be " ', {' maintained to conform with applicable state } requirements pertaining to billboards; . 1` .`, 3. All signs, together with all of their supports, braces, guys, and anchors shall be kept in good ®. repair and shall be maintained in a safe condition: r a. All signs and the site upon which they are { y located shall be maintained in a neat, clean, and attractive condition; NMI 1 b. Signs shall be kept free from excessive rust, { corrosion, peeling paint, or other surface 1f. .a deterioration; and C. The display surfaces of all signs shall.. be kept neatly painted or posted; ., 4, Except as otherwise provided in this subsection, 4Y1;'. . .. .., Zyst <+ i -?:r• ''^ t,:` ' +� ,.. �,:z 9 s 1 i1.w' { ,! . .1 s '+ " c :.:6:' 4f.{ + , :'> T... + existing; billboards which do not conforr u to the ' provisions of this title shall be regarded as ;•'' nonconformingsigns and shall ' be subject to the provisions of Subsection '18,114,110. ] i p• 18.114.130 Zozning Di strict Rerualations ., C. Coznillericial Zones: 1. (f. Billboard Signs in the C-G zone only in accordance with Section 18.114.090.A;] F. Industrial Zones* 1. (e. Billboard Signs in accordance with section 18.114.090.AI] • • • '14 1-113 ,aft 4 • • • • • 53 '. _ •TIS PLANNING COMMISSION lifEF.TING - March 8, 1993 , d v h ' 1. CALL TO ,CUTER: President Fyre Called the meeting to order at .t- , 7:30 PM;. The meeting was held in the Tigard Civic.'Center - . TOWN 13125 SW Hall Boulevard. • 2 ROLL CALL: PRESENT: President Fyre; Commissioners Boone, Castile, Holland, Moore, and Schweitz. ABSENT: Commissioners Saporta, Saxton, and Schwab { w STAFF:• Senior Planner Dick Bewersdorff, ' Senior Planner Carol Landsmen,. µ : - Assistant Planner Jerry Offer, And Acting Planning Commission Secretary •t'• Diane Jelderks. • ;. 4, 3. APPS =MUTES • r y F : Coram.issioner Castilemoved and Commissioner Boone seconded to ” approve the minutes for February 22nd meeting. as written. d1 Motion passed by majority vote of Commissioners present. Commissioner Schweitz abstained. • 4. PLANNING COMMISSION COMUNICATIONS 4, t ; There were no. communications received for this meeting. k " { '� 5. PUBLIC HEARING 1,14 , ,' 5.1 Zola-NG ORDINANCE T ZOA 93-0002 BILLBOARDS (ALL NPO6.S) A, proposal to amend sections 18.114.070 and.18,114.090 m of the Community Development Code to list billboards under the i category of signs prohibited (18.114.070.N) and repeal co provisions allowing construction of billboards • L (18.114.090.A.1) . APPLICABLE REVIEW CRITERIA: Statewide r+' f Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1.a, 1.1.2, 2.1.1, and 2.1.3; Community Development Code Chapters w• tai 18.30 and 18.114. • Senior Planner Dick Bewersdorff reviewed staff's proposed amendment to the Development Code which would prohibit further 1. r :1 billboard construction in the City while leaving in place • those billboards already constructed. ww Yfr 3 . ' " PLA ING COMMISSION MINUTES March 8, 1993 Page 1 , b s •ra,� s15;%-',.,,„'. }4T s r,�c 4tj. ���, "I X1. #� yta y111 �`i i'. yt a , iXt r i { .a Ia F 5 tr d'^ ter Cpl 7 t4 ''' . �y a� + '*.4. _ R 1 M1'.fl� 4`Y �. '.'• '. �f Yrs{: '' t�'S L.. ,�yyi +-Sf` d i� rr t • ^.`c". L� ne n,1Y i • � , !r '4.; d- ,��� X �a rr� �"�rN.G '�a 3 � M �' t �'tr�@ri S't `t. 0 0 '• PUBLIC TESTIMONY •.. Brian. Obie, 2081 Musket; Eugene, OR. 97.4.01, explained that his • company constructed six billboard signs along Highway, 217. He ` felt the signs were of value to the community. He stated that - this proposal is a result of an article in the Tigard Times and not necessarily.:a concern of the business community and '' citizens'. He supported regulating billboard signs but not prohibiting. them. He favored a moratorium on construction 1 until• regulation for spacing, size, .and location• could be '4.: proposed. o .. Will Denecke, 2.665 SW Glen Eagles Rd., Lake Oswego, OR 97034, works in the Trammel Crow office off Highway 217 and travels Highway 217 regularly. He strongly supported staff's . , T recommendation to prohibit any more*billboard signs.. He felt : they were a' horrendous sight. He stated that other prF;, jurisdictions` such as Lake Oswego. and Wilsonville prohibit . ,' .' billboard signs. He felt billboard sign detract from the • image of•Tigard. He supported taking action to have existing billboard- signs removed. PUBLIC HEARING CLOSED ,. ; oacYaed by Commissioner. Moore stated that. he has been appr' ' Ill.:11' ',''. • numerous individuals about the ugly billboard•signs going up •' , along Highway•217. If he would have known theywere permitted ,is by Code he would have done something sooner to prohibit them. Commissioner Castile agreed. He. felt that once the billboard , '` companies found out billboard signs could go in,. they decided to stick it to Tigard. Now we need to stop construction then . -`. deal with the ones that have been constructed. +' • Commissioner Fyre, Holland, Boone, and Schweitz all. supported s`�` staff's recommendation. "` * Commissioner Holland moved and Commissioner Boone seconded-to • forward Zone Ordinance Amendment ZOA 93-0092 to City Council j supporting staff's recommendation. 4 • Further discussion followed regarding removal of existing billboard signs. i ' 5.2 COMPREHENSIVE PLAN CPA 93- ® 4/4® o L cE ' '. AMENDmENT ZOA 93- 0003 TRANSPORTATION PLANNING RUQ NDT , A staff initiated amendment package intended to address State t -' 5 of Oregon mandates related to development standards related to . r' transportation facilities. Proposed amendments are numerous and therefore* will not be listed in- detail. Comprehensive ;' z •. '• , $� Plan Volume I (Transportation Inventory Report) is proposed to fd r x�*i�,'d%;'•$ a?s`"t . , •�. - Pae 2 .. ;,,,A$11,4,34..,' i.,c :FL MNG COMMISSION MINUTES - March 8, 1993 g -5 > L, .tet .,)3•:, r- . .: ' .. a ,,' fr • ti ., �'. ,-:.,4 - '--:,'':*,1:404641,Y, ', c itakF 4 ¢;4� yc-R' � ti t,a -Th. : . - J 'x ' +pzwa� � J:404 `th,1 4".0-'4".0 Y-4{ � 4 4y. x �th.Yt ' Fx 4 ;: a a . .. - ..1'. • ''•• .'c . ., i .., t ° k . "'' 2-+. . A 741 ''''' ' _.. ' . ..psi , A1 . 0 0 .: -.`Tbe amended to allow a greater variety of improvement standards • for. local streets. Amendments are also proposed• to the ;a • following Community Development Code Chapters: Chapter 18.98 ' (Building Height •Limitations: Exceptions) ; Chapter 18.106 (Off-street Parking and Loading Requirements) ; Chapter 18.108 • (Access;. •Egress, and Circulation); Chapter• 18.120 (Site i • Development Review) ; and Chapter 18.164 (Street and Utility • Improvement Standards) , In addition; the Planning Division staff has proposed;several 'i other amendments,within these affected Comprehensive Plan and Community Development Code chapters. These other amendments {7 relate to minimum' parking space requirements for -various land uses, parking space dimensional standards, drive-up service • window stacking requirements, • local. street' improvement standards, and housekeeping amendments. • The March 8, 1993, Planning Commission.hearing is intended as 4r • . the initial Planning Commission hearing on the proposed, • amendments. At; .least one additional Planning Commission tearing will be. .held prior to the Commission forwarding a • •recommended package of proposed amendments to the City Council. • for a hearing on adoption of the amendments. These additional ,_ hearings are not yet scheduled. ,-: { APPLICABLE REVIEW STANDARDS Statewide Planning Goals 1, 2, -. ; ;z, and 12; Oregon' Administrative Rules OAR 660-12 , • •• _ (Transportation Planning 1tul:e); Coimpxehexasive Plan .Policies 8.1.1, 8.1.3, 8.2.1, 8.2.2, 8.3.1, 8.4.1, 9.1.1, 9.1.2, and y ;, 9.1.3 , II - ® Senior Planner Dick Bewersdorff, reviewed portions of the Code that staff is recommending to amend. ;•,, a Assistant Planner Jerry Offer, explained that there is a {_` is ; :d •. second hearing scheduled .for April 5th and this is more of a h work-study session with public testimony. tt. PUBLIC TESTIMONY 1•• m Anthony Bonforte, 14675 SW Osprey # 413, Beaverton, OR 97007, atm l explained that he is currently proposing a subdivision that has approximately four acres of wetlands an approximately five 'r , acres would be dedicated as open space. He favored the new street design standards. They are flexible and .would be helpful in designing subdivisions without compromising the quality of the subdivision. In addition they would decrease 11< • y surface run-off (impervious surface) . '' • David Baratz, OTA' ,. 17355 Boones Ferry Road, Lake Oswego, OR. �� :97035 asked for •staff,s, clarification- on different sections ,fi !sa _ -- Page3 1, :?1::. *as' PLANNING COMMISSION MINUTES March 8, 1993 G• L r t 4.1',, iib a w '- 't .! •••:-, � a X wj#r�t �1, ;1:� r? �' �t �. ,:. r t j �x r h \ 1. i ] S 'fi .i'rr✓i+ r },. 1 u •i `;-."' r , :' 'Y .� + ;¢ # y, i T :✓ x w !! st, �� X31 p� ' • i a,w..,',x , ^�M `v k ,s qt ,4 j' r ' r* � � .w � �is.�r�+�` iA"�..'��'p^�, .�ti^ ".";r'''''" '�`,q...';1'..'- ",.• o - : 5 art ' ':'..N... �k a . ;- ' !.n •. ' Z., + -Y 1•. � . { ! { Y � .. ..pis 1� ... ♦.� ... 1". .. .Lx ... :ir .f `.+ ri.� 1. . a of Chapter 18.164. lie suggested that 18.164.060 C be removed, ' 1 Commission.ers agreed. -- F , ,.. 0 Discussion followed regarding different street widths, ti ` residential streets, sidewalks, planter strips, parking; along L5 • the street, and'criteria for variances. ` • Assistant Planner Jerry Offer explained how a design standard 1: manual, would work in conj�sncti®n with the Code. l�iscussiorn a.," '' regarding processing the design standard ual along with .. Code revision -and the difficulties involved in doing that. y{ Discussion on how to'handle. Consensus of the Commission was . that there needs to be flexibility in the Code. . Further 4y, ' discussion on street widths, how they work in conjunction with r, . parking, and the' " width of travel lanes. Discussion on width • of parking spaces and layout of the.spaces. Further discussion on how to handle. Senior Planner Carol , ;- 1 Landsman explained that the Comprehensive, Plan Agnendment 3 is ` scheduled to be . heard before City Council on May 3rd. .. • !' ` Consensus of the Commission is that they need more time to .- review. Commissioners are to review the proposed changes and • return their.marked up copies to .Senior Planner Carol Landsman as soon as possible. �`• ; ; standard design manual, �- " : o Further, discussion regarding I variances, parking spaces changes proposed for specific uses, ,: and ADA requirements _ - * Meeting continued to April 5th. Y :t.:11 1 • Planning Commi-ss -on requested staff investigate what could bedone about getting existing billboard removed. a• Discussion on RV parking article in the Tigard Times ''� • Discussion regarding upcoming annexation. `" le AADS T 9:06 P.M. , / it / r J Diane M. Jel- e,Lks Acting Corm' :ion Secretary ' ATTEST: Milton E. Fyre, President •sr- PLANNING COMMISSION MINUTES March 8, 1993 Page Q A } 1 3 k ft 11' � • ` R 3 . y fi.yaari�eSt �. y!t of M • \ . c) zz. 4 : , , ,‘ ,_,..„.. .,,, f 4 1114 - . ,. 1. , :z„- ,-- , ,,,. g \ • ...,:: :..... ,...,,.._,.....,..,,......,. 7/r . si ', : t -I.:. ;`. . . to ,. ,:t — A�.1t ,1L 3 '. ` at A i i ST < at - ' ti „:••4 .r••,.,....., .r ,91 . Y ..4. • SA'119 d-1Cx. DR I g ' A . . ... ' v ta • A. { J Y J BILt_13OAR®S - - : TIGARD` A xa Ave ilable Ballb®®ri Sites s , is f ... :? 'r 't,‘ 'aT t, T':,--4-.:::'''''':. . ..'+ , .;•t. :' : �:. , .'(' '( t1;:...!+' .4 .in 1. ?,-. :,.. 1 a ! a -A � 3 . a nA rr �° f / i ' A. l 3T ._,_ ST ' — 0 ''''' " . '" OI+K OAK ST BL Y ., a , - ST 2 / r x v l r / -1t \ • D !lx',,,,,..,.,....:„.,, tom` ,41# . t� g .,,.- Y 1: t,`` ST \A ,,.. ' . ' .' A 'TON � S� ST I ST = g •••- I '..' 3' �, . - McD VALDti.; ,, ST v teb BUNITA , RD y t f ST • 'e SATTLFR ST 1DIR - c- (f) rti ,,..- 0 i tud 4,, BILLBOARDS , ,,t1 rP �. 0 -' TICARD , i +` Available Billboard 5itea I i '� ,, i : 1 x:`] +n t = . '=e;',';'-'' _ '‘;',1'''''-'2.:';'-‘ 11.3 -. s .. �_ 'Vii.. . �' . .. .1,.,Y a. ,:',..-:.4: �'. .. � .. . - . .•'•4t. r :'. , ®'D`4 N ELL, RAMIS, CRI3W & CS a' GAN • RECEIVED PLANNING s ATTORNEYS AT LASH ;,: :1 '2BALLUW&WRIGIfT BUILDING ' ' ,,.4 1727 NN.Hoy"i Str�x APR o 1993 Portland,Oregon 97209 t . TELEPHONE; (503)222-4402 • ,. il,:x' FAX: (503)243-2944 ,:; DATE: April 5, 1993 41,./.:-.'.. TO: Dick Bewersdorf ,f, Senior Planner ,. City of Tigard FROM: Michael C. Robinson, City Attorney's Office , Amortization m 3• R� i •. r ,: you asked me to prepare a short summary of amortization. In brief, amortization in the zoningcontext is the "termination of 3d 1e ct nonconforming uses at a specified period of time." 8 ALR 5th 391, ,. s = 404. The purpose of amortization is consistent with the concept of non-conforming uses to eventually bring a property's land use ,,. ,; into conformance with the comprehensive plan. Without < amortization, nonconforming. uses.are generally entitled to remain _' in existence. , x r. The Oregon courts have not considered whether amortization is 4.4 valid. As regards signs, a potential consideration is whether the r. ordinance violates the Oregon Constitution's prohibition of ,,I, s • restrain on free speech. Or. Const. Article I, Section 8. As long as the regulation is not directed at the substance of �J communication, the courts would likely reject a free speech 4 " challenge. See Moser ,v. Frohnmaver, 315 Or 372, P2d (1993) . The Washington Supreme Court has upheld an amortization ;., r• .:,,,,,,:, ordinance aimed at billboards. Ackerly Communications, Inc. v. Seattle, 92 Wash2d 905, 602 P2d 1177 (Wash. 1979) . ,, ®• If the City wishes to use amortization, it must first adopt an t- ,; ordinance. The elements of the ordinance would include: e The reasons for the ordinance. ; -.11 ? ® Which non-conforming uses are to be amortized. MI t ® The amortization period. • O The method of establishing the amortization period, r� aaA, s An appeal and variance process. ' - : l ":''• • rt t,° 1 ° -.,•.1,:',... '' + ,.,.`",4 i '4' r ''' :4 t i ' '9 '. O'DOIvNELL, RAMIS, CREW & : -RICAN Memo re: Amortization April 5, 1993 • Page 2 • • ^ Some considerations for the period include: r , ® Amount of. investment, including leaseholds. • Depreciation value for tax purposes. Alternative locations (in or out of the City) . , This office would be happy to assist you in preparing an '_. amortization ordinance. _ J Original Memorandum to. Dick Bewersdorff, Senior Planner Copy to City of Tigard/Community Development File • • Timothy V. Ramis, Esq. Ci) d • Ewa NCR:dd 4/5/93 �c4igard��00Z4 A4 mr.G,.mrm f J AGENDA ITEM 5.1 MEMORANDUM s rt i' CITY OF TIGARD, OREGON TO. Planning Commission { FROM: Dick Bewersdorff DATE: February 11, 1993 t SUBJECT: Amendment to Development Code - Billboards s At its February 8, 1993 meeting, the Planning Commission voted to initiate a Development Code amendment to prohibit billboards. ' ; ,p` Billboards are permitted in the City of Tigard only in the C-G �` commercial zone and the I-P, I-L and I-H industrial zones. They ` K must also be located within 660 feet of the Oregon Expressway No. 217 and interstate Freeway No. 5 right-of-ways. The applicable code section (18.114.090 A.1.-4. ) is attached. A The attached ordinance and Exhibit "A" is the staff's : :r, recommendation to prohibit billboards. This includes repealing { Section A.1 through A.4 entirely and adding billboards (N. ) to code , section 18.114.070 Certain Signs Prohibited. Adoption by the City ' would prohibit further billboard construction in the City while ` leaving in place those billboards already constructed. .v� The process of amending the Development Code is a legislative matter requiring public hearings by both the Planning Commission y and City Council. The Planning Commission makes a recommendation to the City Council. The proposed changes do not affect Statewide '' Planning Goals other than allowing for adequate opportunity for participation in the land use process. This is done through existing code procedures for notice and hearings. No City =_ ycomprehensive Plan goals are affected other than following�` procedural requirements for hearings and notice. y: Billboards construction has increased recently due, largely, to the fact that they are permitted along Highways 217 and 1-5. The City s. '� "yhas granted 18 permits for billboards since September, 1991 x The total number of billboards statewide is limited. Advertising companies have been relocating billboard permits from other areas e- - to Tigard to take advantage of the advertising potential of the O urban area. Based on state spacing regulations, approximately 14 more billboards could be constructed in Tigard. This report does not attempt to deal with amortization of billboards now constructed. Amortization is a very complex { financial and legal issue relative to billboards and would need -`'' significant study prior to consideration. i,,,„.''. t1 , ; r„ 4 ..- 3 . .-.1''Z' 'R.5`, 4 :„ ;.s ._ '' "1 .'f�' . 4z.4.Y{ :ti .'J • 3 i Z j \},�C] • '+i o".: ,•' Y .'b 4 i ♦.:1; •t . • „.„ , Alternative actions the Commission and Council could consider 'i jt include: (1) leaving the code as is; er (2) revising the Code to establish more limited spacing and location requirements. Other communities prohibit billboards. It is an issue of local choice whether or not billboards are desirable or necessary. Staff •..; recommends prohibiting further billboard construction ,a -•:.: .: coof , .., ' •LF ', . � ..F\ .�di. ,.. .. -.. !3 >.of �.i? i 3. a .,.. ... ,. ,5. S4 .. 4 F} 4{ ` �.11 n .. -. glii ti CITY OF TIGARD, OREGON , ' 41 ORDINANCE NO.. 93- } ; AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE SECTION 18.114 070' TO ADD SUBSECTION N. TO PROHIBIT BILLBOARDS AND TO REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 WHICH PROVIDES FOR Y BILLBOARDS. ' WHEREAS, The City of Tigard finds it necessary to revise the Community • ti , Development Code periodically to improve the operation and implementation of the Code; and ` ' }`_ WHEREAS,- The City of Tigard Planning Commission reviewed the staff T•. ' recommendation at a public hearing on March 8, 1993 and voted to , reCo amend approve of t o T.TPI =.5- t®,r✓th ° d 9- �'i'.l a s' u'.r . hearing on April 13, 1993 to 4*' w Jazt .: { , Tic City Council held a public P-1,- -c- Jam- r ,: Consider the. amen m t."FriP,7- +•... h�-.3 4�._.- 0 p v 1%C. a moi. r7 , w ,.,�.,� d-p, e"-7 /..,,,,,,,b,, sp®-�"'.t 6,411,,,,,,114", 8A . THE CITY OF TIGARD ORDAINS AS FOLLOWS: .m,4c16>0- J The Community Development Code shall be amended;as shown in SECTION 1: __D..:_ Language to be 3 ''„^ Exhibit "A01. Language to be added in UNDERTALEE • ` deleted is shown in (BRACK€ETS] . „a This ordinance shall be effective 30 days after its passage by the • , ., approval by the Mayor, and posting by the City Recorder.N Y Council, 1. i' vote of all Council memberss PASSED: B9� present after being read by numberand title only, this day of , 1993. { e t ' is " -'y'' Catherine Wheatley, City Recorder * APPROVED: This day of , 1993. x Jerald R. Edwards, Mayor cog Approved as to form: ,; City Attorney Date { , . ORDINANCE No. 93- t Page 1 .t r _ EXHIBIT "Ilia 18.114.070 certain Sians Prop•b to N. Billboards Billboards are prohibte 4 ` 114 090 Sbecial Condition signs A. Special condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the regulations contained in this chapter. j[1 Billboard: r _ a. Billboard sign regulations shall be as foll0ws3 (i) Zones Permitted: (1) Billboard signs shall be permitted only in a C-G commercial zone or I- P, I-L and 1-H industrial zones and s? then only within 660 feet of Oregon 4 State Expressway No. 217 and/or r Interstate Freeway No. 5 right-of- ways; • 2. All new proposed billboard sign(s) within 660 feet of the public right-of-way of a state highway must obtain the necessary permit(s) from the State Highway Division and all billboard sign(s) must be � maintained to conform with applicable state requirements pertaining to billboards; 4f.k. ,.; �'; 3. All signs, together with all of their supports, braces, guys, and anchors shall be kept in good repair and shall be maintained in a safe condition: r' a. All signs and the site upon which they are ` located shall be maintained in a neat, clean, and •attsractive condition o b. Signs shall be kept free from excessive rust, corrosion, peeling paint, or other surface deterioration; and <. c. The display surfaces of all signs shall be kept neatly painted or posted; a` • l«' 4. Except as otherwise provided in this subsection, ,.. 4, , existing billboards which do not Conform, to the , ': ' provisions of this title shall be regarded as nonconforming signs and shall be subject" to the s' • ,„. provisions of Subsection 18w114�110.] n. _ J16124.130, Zoning District Reaulat ns 1 C. Co ericial Zones: 1. (f. Billboard Signs in the C-G zone only in ' accordance with Section 18.114.090.A;] ': . F. Industrial Zones: - 1. (e. Billboard Signs in accordance with Section 18.114.090.A ] ,,,=.:,,I....,:,•,,,,,:.'•;,,,,,,', , ,4„.. 1: ,''-.,•''.`,'. ...•.,'. y: { ;; • t 1 ..\ '!. .30•. . ' _ k 0 4 ti ,til , NOTIW � PROPOSE I `1 ICS 1' Mustt be sent to DLCD 45 days Prior to . , final h :.wring a:, See OAR 660-18-020 CITE s OF TIGARD .- Jta risdisn�tioZOA 93-0002 Date Mailed f4.s: /f .+ f' f3 Leal File Numbera }: 13 1993 Date Set for Final Hearing en AdoptionMont'h Day Year Time and Place for Bearing. : 7:30 p.m. _ ` " TIGARD CITY HALL, 13125 SrA BALL BLVD., •TIGARIS, OR f ?. Type of Proposed Action (Check all that apply) Land Use New Land Use Comprehensive 1 _Regeala i®n i,' Plan Amendment Regulation Amendment - Please Complete (A) for Text Amendments and (3) for Map Amendments A. Swaraary and Purpose of Proposed Action (Write a brief description of the proposed action. Avoid highly technical terms and stating "see attached. .) tvi7lMare�a jn og D tuIt Oxh 18.]J 4.(JE0 that1eardits fes) OP Th & B) a arkl&bis l N. Icinheattla to sem 16.114.0 - • F MapAmendments Fill out the Following. (For each area to , be changed, provide a separate sheet if necessary. Do not use tax lot number alone.): • t • .. j Current Plan Desigatigrn:` *---z,-..:::-: Prognosed PlanDesigznation: . --e Proposed Zone:} Current Zone: • Location: � • Acreage Involve4: �c Does this Change Include an Exception? ' .�Ces es Please Specify the Change. in Allowed ,' For Residential• 9 Density in Units Per Net Acre: Proposed Density: • Current Density: • { 0 . 0 ..* s. v List Statewide Goals Which May Apply to the Proposal: ; • ' 1 'cam. 1 & 2 ,�'' ' ., List any.State or Federal Agencies, Local. Government or Local Special r `.'. Service €2istricts ch y be Interested in or Impacted by the. r Oregon t of Transportation /.` 4 IDirect Questions and dents To Motor Adonr2 .. • ': 1312.5 SW Hall Blvd ' Tigan, 37223 r ,' (Phone) 639-4171'" 91 1•' • i< '44 Please Attach Three (3) Copies of the Proposal to tb s Form and - l To • <;..' Department of Land . and Development ,' r. 1175 Court Street. N.E t 'r Sales. Oregon 97310-0590 d . ti 4' If more copies of this form are needed, please contact the DLCD .x office at 373-0050, or this_form torty be duplicated on green paper- Please be advised that statutes require the '%texta of. a proposal � to provided.. pi general descriptioax of tine intendedi action is not _ I..,. sufficient. -Proposed plan and land use regulation amendments must be � sent to DLCD at least 45 days prior to the final hdaring (See OAR 66O-18-020) . ,> ,: e/! - * * * FOR DLCD OFFICE USE * * *: • , r' /1-u9 # Days Notice i DLCD File Number - s.. <pa>proposedform • : ,,, '4, . -i. - .. . • ., / i k ', ''.'.i 4' .' ' '':-.t.''.._ R; •. ' i " 1 , :4i. iI ''3 3 y , ',a . 4: + .: ''' i; y7 y RECEIVED FEB J 593 '' . « a r INC.. E - OUTDOORADVERTISING a .. PO BOX 1356 EUGENE, OR 97440 �' _ FAX(503) 345.4339 ., r (5Q3) 686.8400, { h j February 5, 1993 , Ed Murphy, Development Director ..i l City of Tigard I, 13125 SW Hall Blvd. k PO Box 23397 4,--, ;,,4-..•'- Tigard, OR 97223 Dear Ed: We are on schedule to have the Greenburg Road sign down by the 20th of the ; , month. Both you and Victor have told me of the reports and discussions you are having k with the planning commissions regarding possible outdoor advertising control , measures. Would you please put me on the list of Interested parties, and mail to E us agendas and minutes regarding this activity. Mailings should be addressed as follows: t; Brian B. Obie, President -:', 1 Obie Outdoor Advertising Inc. ;._ PO Box 1356 Eugene, OR 97440 We obviously have a very significant investment in Tigard and would like to both i, :1,,,:.P,.' monitor and participate in these decisions when appropriate. I also believe we ,p. have a community conscience, as well as a desire to be of help and intact can gst, be a positive participant in the process. c Thank you for the above, and please advise if my request needs to be more formal or to a different individual or entity. „ alI hope to talk to you soon. •, ac r o -j Since- �: r• dent yYk r v,7 %1. :e ko i a ;+t - A SUBSIDIARY OF OBIE MEDIA CORP Jill of 1 Zw" I s 0 - ; s. PO BOX 1356 EUGENE, OR 9744p .R�CEWEO : e 1992 '--: FAX(503) 345-4339 ,..17::.;a (503) 686-8400 1 ,"+ August 14, 1992 '+ ' Ed Murphy, Development Director City of Tigard ;. ti 13125 SW Hall Blvd. +_ PO Box 23397 _' s „ Tigard, OR 97223 . "V7` Dear Ed: t Thanks for taking the time to meet with me last Tuesday. I was pleased with the ee' i 1 }' "meeting of the minds" we had. 4 4.. { " My understanding of our agreed course is; we will work diligently to find a place .a:_ k { a to move the Greenberg Road sign, by late October, and rely on "self policing" I• Under the current ordinance as to new signs in the City on Highway#217 or 1-5: + ,� ,.::::-'-'7— If the time comes that you and the Council feel the need for further restriction on + -'e Highway #217 or 1-5. I would like to suggest the following simple ordinance amendments: f A. 5E CtIN_ . Outdoor advertising structures, (billboards or sign over 200 square feet) Le ,. will be minimum of 750: from any other Outdoor Advertising structure on . _ - • the same side of the highway. NOTA: The above would be 50% greater than current state standards. ti. co l3. MI. ti There shall be no more than three (3) outdoor advertising structures in. any one half mile distance. NOTE While the State doesn't have a standard in this regard, this would ,d' be another"anti clutter" provision in addition to"A" above. •-; C. All outdoor advertising structures must be oriented to Highway#217 cr ' e a . l-5. a : A SUBSIDIARY OF OBE MEDIA CORP ' i O'I� SMELL, RAMIS, CREW & Ci- : ' GAN RECEIVED PLANNING Al IDRNEYS AT LAW ' BALLOW&WRIGHT BUILDING 1727 N.W.Hoyt Stmt AUG 10 1992 lad 6. :7? Portland,Oregon 97209 • "" 1Z LEPH©NE: (503)222-4402 `: 3 { FAX: (503)243-2944 • DATE: August 6, 1992 d TO: Dick Bewersdorff, Senior Planner x A Ed Murphy, Community Development Director FROM: Michael C. Robinson, City Attorney's Office is 4; , RE: Prohibition on Erection of new Billboards in the . = City of Tigard , f , QUESTIONS PRESENTED 44 1. Can the City amend its development code (TDC) to prohibit .^ erection of new billboards? ..-, • i' 2. Can the City require re-orientation of existing billboards? BRIEF ANSWERS . ''. 1. Yes, but existing billboards, unless nonconforming, must be - • I: allowed to remain. ' 2. No, because billboards are not required to be oriented to ,• highways pursuant to the TDC but if the City granted a billboard sign permit without the requisite state approval, then the City may revoke that permit. a. ,:s. . W :. The TDC permits two types of signs in limited locations within the CO• City boundaries. "Billboard" is defined a.s a sign face supported T- L s. by a billboard structure. TDC S 18.114.015.C.8. A "billboard structure" is the structural framework supporting the billboard. M TDC § 18.114.015.C.9. A "freeway-oriented sign" is a sign• g.. CO _ primarily designed to be read by a motorist travelling on IAA Interstate 5 and Oregon State Highway 217. TDC § 18.114.015.C.24. Billboards and freeway-oriented signs are limited to the G-C commercial zone and I-P, I-L and I-H industrial zones and must be within 660 feet of Oregon highway 217 and Interstate 5 rights of way. Said signs are not allowed elsewhere in the City. TDC S 18.114.090.A. and E. Billboard size is unregulated. Freeway • * _ oriented signs may not exceed 35 feet in height and may not have v��L;3,1.e.- s. '. 1 1.,...'• f .. s h �l r l x l ',':...4: S i w `1 i4+ %,c 1� � i , y 4 ... 4 . : 1. ' O DONNELL, RAMIS, CREW & RICAN ... °. C.A.4 .4 Memo re: Prohibition on Erection of new Billboards in the F City of Tigard e. August 6, 1992 Page 2, ice �,, eee ,1 ' { more than 320 square feet of sign area (160 feet per face) . TDC § 18.114.090.E.1.e. and f. In addition, freeway -oriented signs are required to be oriented so as to be viewed from the freeway. '' TDC § 18.114.090.E.l.fo , Apparently, one billboard is located on Greenburg Road next to the Shilo Inn. It is a two-sided sign and is not visible from Oregon z Highway 217. The City issued a permit for this sign based upon the 4 1. s applicant's representation that the state had issued a permit. ' This representation is false. The City now wants to know if it may r • revoke the permit. ems. ,..: DISCUSSION , . 1. Elimination of Billboards. ri • ti, Billboards are structures but because they involve " communicative aspects, the First Amendment of the federal Constitution and Article I, § 8 of the Oregon Constitution are implicated. See iletroMedia, Inc. v. City of San Diego, 453 ' '"' US 490 (1981) , Ackerley Comtnj fl Cations. Inc. v. Mu?tnomah �° Counts, 72 Or App 617, 696 P2d 1140 (1985) . Billboards often ' # involve both commercial and noncommercial speech. MetroMedia, .,:' Ia. The United States Supreme Court has adopted a fourpart test ,; ii' for determining validity of governmental restrictions on commercial speech. The four-part test is as follows: (1) does the speech concern lawful activity which is not a. ce misleading? If so, a restriction on otherwise protected speech is valid only if it (2) implements a substantial r governmental interest, (3) directly advances that interest and a' (4) reaches no further than necessary to accomplish the given '' -a objective. MetroMedia, Id. citing Central Hudson Gas & - Electric Cor. . v. Public Serv'cs Comm'n, 447 US 557, 563-566 (1980) . In this case, it is assumed that the commercial speech involved concerns lawful activity and is not misleading. The second prong of the test can also be met if the City shows a { substantial governmental interest. Aesthetics and traffic l S y{ . *, ..-• safety concerns are legitimate governmental interests in the x .':;i' regulation of billboards. An ordinance which prohibits new i� e 4 .•, '''',' } 3 c r .� . �, t. .+ 7 . ik.'�r� .� .. .:tip., '� l . .. tea. i �'? ,,•v. • j. 4 - _ if a 1 O'DONNELL, RAMIE, CREW € .RICAN • ,•-lir J . Memo re: Prohibition on Erection of new Billboards in the Y City of Tigard August 6, 1992 Page 3 { k d billboards from being erected directly , advances that substantial governmental interest. The ordinance would reach no further than necessary to accomplish the governmental , ' as interest. ::. 1,t4f ' Based on the above analysis, the.City of Tigard may amend the ht, , ,• TDC to prohibit the erection of new billboards. w. A second question is whether billboards involving , .� noncommercial speech may also be prohibited. The answer is .e yes, but requires a slightly different analysis. + a. • t All billboards may be banned pursuant to a content-neutral - �X prohibition of particular kinds of communications. See Schad ,, t v ]at. Ephraim, 452 US 61 (1981) . Under Shad, a city may ban • �. . all billboards if it can show a substantial governmental i ,- 1, interest is directly furthered by the total ban and that a . ,Y,o' more narrowly drawn restriction (something less than a total dk .r , ban) would not promote as well the achievement of the' �"'`;' substantial governmental interest. In addition, Oregon .4 Constitution Article I, § 8` prohibits regulation of ,;' communication based on content. Ackeriny Communications, Id. • ;. The City could not ban commercial billboards and not ban :, F ee - noncommercial billboards without running afoul of Ackerley. LL In conclusion, the City may ban all billboards as long as the a','-'-n, ban is reasonable. The ban must advance a substantial '...a-'e- governmental interest, go no further than necessary to advance 1 that governmental interest and directly advance that interest. {,, The ban must leave open alternative means of communication. ®. In this case, the City may argue that other mediums, such as 1 radio and television and print, are available. Most co t importantly, freeway-oriented (free-standing) signs ' would still be permitted under the TDC even if billboards are -1 prohibited. Thus, the ban of billboards may be characterized z as a reasonable time, place and manner restriction. Such C.9 restrictions are justified without reference to the content .; -0 of regulated speech if they serve a significant governmental . '1: interest and leave open ample alternative channels for communication of the information. Virginia Phax cy aEoard. v. { Viretinia C$tiens C r Council, 425 US .148 (is76) . >R' .%,"' .thy ti� •.'.t x . �. ,, _... t .O'DONNELL,RAMIS, CREW & RIGAT 0 .... .,. ., ...,,, . .,‘, , . . , -, . Memo re: Prohibition on Erection of new Billboards in the City of Tigard # August 6, 1992 ', Fart= .is �� YF , . r,_' 2. Reorientation of Existing Billboards. ' $, Based on the facts in this memorandum, a billboard may not be drequired to be reoriented because the TDC does not require it to be oriented towards a highway. However, the TDC does require that billboards first obtain the necessary permit from the State Highway Division before they obtain a Tigard permit. ; f TDC § 18.114.090.A.2. If 'the applicant for the billboard in , question obtained a city permit by falsely representing that he had the appropriate state permit, the City may revoke le0its 02, permit• See Anderson, America Law` of Zoning 3rd, � ' citing Tri-state Systems ln� de D5U6` of Tsold 1041.Xa,_,fe��,.ortation, 500 f4 So2d 212, Fla App (1986) , i — 3. Effect of State Lew on Regulation of H$llboards `{ The Oregon Motorist Information Act of 1971, ORS 377.700- 377.840 and 377.992 does not preempt the City of Tigard from prohibiting erection of new billboards. ORS 377.740 provides :y ,'' that the act is not intended to permit a person to erect or et maintain a sign prohibited by any governmental unit. � ; `j 4. Means of Elimanatinc Billbo a. ,{.ham: The City may prohibit erection of new billboards in several j, ways. First, it may amend TDC Chapter 18.114 by eliminating ' the provisions allowing billboards. Secondly, the chapter may • ; be amended by including a provision as follows: "Permits submitted after the effective date of •`: ®. this ordinance shall not be granted to allow erection of new billboards." ce f A third means of achieving this goal is to adopt spacing or density restrictions for billboards. Such spacing or density rem a restrictions could effectively prohibit new billboards. CD You have also asked me whether the City could adopt a moratorium on the erection of new billboards pending the .. ordinance change. A moratorium may be adopted not based on a shortage of public facilities, only if it can be justified by a demonstration of compelling need. ORS 197.520(3) . Several findings are required, among them that existing ordinances are inadequate to prevent irrevocable public harm a y s. i i y .*' ♦ r.i t t t t l • J 'r O'DONNELL, RAh1IS, CREW & � 'RICAN ` , .o v u a Memo re: Prohibition on Erection of new Billboards in the City of Tigard ° i. k iAugust 6, 19'92 - Page 5 ., a x ; r . ,:. d front development. ORS 197.520.(3) (a) . A moratorium may not be enacted unless notice is given to DLCD 45 days prior to F, • • the final public hearing and the public hearing is held on the ,} subject. ORS 197.520(1) . '2'-'1*: < While you may chose to adopt a moratorium, you may not want to do so because of the findings required under the moratorium ;. 4 • # statute. The 45-day notice provisions isnot an impediment because you must notify DLCD of :a new land use regulation at K r least 45 days before the final hearing on adoption, anyway. ORS "197.610(1) , Cogaclusn The City may amend its code to prohibit billboards. Existing .,, i billboards will have to be allowed to remain unless nonconformil. ^ `1j. The City may revoke permits for billboard permits based on false . information. The pity may achieve this goal by amending its code to remove the provisions allowing for billboards, establish a day beyond which no new additional billboards will be permitted or byy adopting spacing or density requirements for billboards. • moratorium on erection of nem billboards requires findings and the ;r•showing of compelling need. �. 41 ' '• " - Please call me if you require additional information or clarification on any points in this memorandum. 1 would be happy to work with you further to implement your goals. 111. MCR/bjd mor\lI8' \90024-4dorPfine2 t/3 =Y cc: Timothy V. Ramis, Esq. MS ' a a ,'. •t • j i. Mgp�Tyl ppp��y{�p.p���p��yp '',7:.. 0-, M MORAED M .- RD .. ,� CITY OF TGA , � -,--,4,-- , r OF TIGARD w TO: Richard Bewersdorff RE FROM: Victor Adonri DATE: August 5, 1992 SUBJECT: Billboards A) Tigard Community Development Code Section 18.114.090; Special Condition Signs permits the erection of billboards in the following zoning district: General Commercial (C.G) , and all 4• Industrial zoning districts. B) The billboard sign located on the corner of SW Greenburg and • 4. SW Shady Lane is not a legal sign. Permit was denied by the . State Highway Division because the billboard was not visible from the freeway. ORS 377.735, 377.715. C) Applicant provided false information by assuring the City that rj a State sign permit was issued for the billboard. A phone _ conversation with the State Highway Division on the 4th of • ' August, confirmed that the permit for the billboard was denied { k4 by the State. STAFF CONTACT: JIm Odom. 378-2636 { D) As. to date, the City has approved a total of 5 billboard permits. Four (4) of the permits ergranted e graed to Ohba {: .„'-......5:4 : outdoors advertising, and the remain arae granted to Ackerly } ' ', Communication also a billboard sign company. The City 7y ti . currently has four (4) pending application for billboard signs j' ' submitted by Obie outdoors advertising. Ackerly communication '-,j\ ° has informed the City that they are proposing to submit `.41 ' 4 4. another application before the end of this week. E There_is-current. no arediate information on the distance of k a µ the section of highway 21-7-wit4i-an the City's jurisdiction, the rc t. l total number of billboards that can placed on highway 217 is not..,�avai.lable.M.,at.thiie s -t ~.-.�,-..... —S .i . Loc. 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' . 00> 9 /1'11.441e42‘1.1 EXHIBIT "A" • r8 .. 0 Ce !. .p- _o ! ..t-a ,. i ]�oardls • .0- e - • o i i e. r ,5: yt ,} " ..... 1.. � •® . •ec ..� .-. a �.�..� .,M;�' :.- r���... i s A. Special condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the yeti regulations contained in this chapter. ,. (1. Billboard:• , a. Billboard sign regulations shall be as follows: (i) Zones Permitted: (1) Billboard signs shall be permitted only in a C-G commercial zone or I- P, I-L and I-H industrial zones and then only within 660 feet of Oregon State Expressway No. 217 and/or •: Interstate Freeway No. 5 right-of- ways 2. All new proposed billboard sign(s) within 660 feet of the public right-of-way of a state highway must obtain the necessary permit(s) from the State Highway Division and all billboard sign(s) must be ::' maintained to conform with applicable state requirements pertaining to billboards; 4 , 3e. All signs, together with all of their supports, braces, guys, and anchors shall be kept in good repair and shall be maintained in a safe condition: �., a. All signs and the site upon which they are ' located shall be maintained in a neat, clean, and attractive condition; b. Signs shall be kept free from excessive rust, corrosion, peeling paint, or other surface deterioration; and F`r c. The display surfaces of all signs shall be kept neatly painted or posted; 4. Except as otherwise provided in this subsection, 4 4 '} a i3 3 a.. h._ a,' t .., F, •`.N JAI. `...•',. • oii 0 ,.,,,,,,,, ..,„ . ' existing billboards' which do not conform to the provisions of this title shall be regarded the as s nonconforming signs and shall be subject provisions of Subsection 18,114,110.] r 7 :,. L q^ t • i a C i iJ 1, •'If,y: 1,, • at a i � n ?. i ;..:`+ •,., ...,�'. ` w ..�a •� s ,,a{:1 • a i r4 it r �� 7 -,611 'v" 'i ... ., n --,,,v ., Lit 0 ANi3' .•" ..-.`,s it'..),'::"". '„,„„„,.e,... 4•!� '� roc ;y'�a;rt�! t p.� ;doh �. � z4-41.,..-..f.- r* f: aY .13.. ".,�.,,,... Ed Murphy, Development Director City of Tigard- Page 2 Ed, we will make every attempt to conform to the above standards on a voluntary basis. If we find problems with them, I will discuss with you prior to proceeding on any City of Tigard permit. At the same time, if you or the Council #Yuri! - feels a need for formal action on the above or other standards, it is my understanding from Councilor Johnson and yourself that we would be provided y;T �s • j�,{ ample opportunity for input on standardsthat might be established. j�yyap� j+ Regarding our current statue, we have only two permit applications being � •� cons'sder®d by Tigard and the State that haven't been acted on. My'ie,'' I understanding from you is that wA -,rely" has only one. .l believe there ist high ----- probability that one or more of these applications will or have been rejeetedfby ".�� the State. Beyond these,we do not see many more opportunities. There might {�!F be a few, but certainly not much beyond that. Many constraints came into play, y' � ;.,., including landowner willingness to foie° a site, ggvernrnent owned property • • state law regarding spacing, and quality of exposure if a sign was built. ' (Ois " Y ' . ,. I would be glad to go over this in detail using a map if you or Valerie desire. • I will contact you in a few days regarding the contents of this letter and am . .` '`. - anxious to hear any comments on the-new"Tigard sign. '" 1 On another subject, perhaps more pressing to you and the Council. After our w ', 1 have followed its impact by reading the local press. :, I would like to urge you to embark on a course to buy the property in question .:,;�,` and establish an entry way park. We would be glad to contribute financially to the effort and I know I could raise funds from others in the area to help. While Mayor, I was also able to extract funds from the State for a similar effort and would be glad to help work in this arena. If I can be of any help at all in this w a regard, please advise. • a Sino, co 4 • • S. Clbie silent • • ko cc: Councilor Valerie Johnson . ,, I # , �c;