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City Council Packet - 02/25/1974 =tGF Dry- ;h• )r.= l>- r , r q i T .0L 77 0Fo t^?.r)7 .i r. ". 1 LSQLii110: 11 ! fi1 V., ll,_ tt. q->.,- t.0 [guar 15. ' S- `cR�D,0IC;T �)M1 CO`(i,k.i•+,,. F. ��i [.F•Nry r•.,pe .,- pmr>r.r f ) p<.r�t. (al .1c�.,..^lreszrlatic•z�.cC Oi•dr ^'e•r ,•f'F,bi' ';er+,i, ' 1 i,l)rr 16 ORD1NpNCr No OH? 01er UUX). N' i APT T11rN '0 M!"o,1. Any" ). DAIF7� C cit _ 15sCklTI v C \,-feta 19- ePPIF•At. 01 [ a!r v rn5r, t -que,r hy. c.:,r. •v`.:t z. z c f -' ..r c. + -d prcperry lc ,d 'tAM SA, 1 .t_� ,n�„), acrr- 4n1 w,)p I M b. f w s1Qf v 1. Wj inu -r',- ai emmer•da! :t., rmv, (Im .Lip Jul 1 :at AV, I cu JSI i„Innrn, C' .�i„ d r .ih n. (aI, C. r-1.4 rf 1, -it!.,:Ti 511ff rr ', r,jqucst b�., rh-q, •Wscin r "I -:r.kq fwp +'_'._ ,•h:r: C•3. C al r r.'.. ,al D!--r_ 1, p , ” b:ylc�'d i ..,rS:: th _. d it` y 1 ? 1_ r,rr a^cl cnmpri-,o t , res �y t n0 ca�c dvrlScl St,:ff. i?e,vm!^end:rc.t.., -:! D:...0-,ic-n %i. W'DTNANCE N-, . '?L -._ AN ^[frith SCE c^ty.;!:"';f �hap�.vr '.,_it rq, 1-!,:[. t+i�)i !'_ •+ COD7, irOl...yr C lir 110 ,"',I: �T:`. .tip+•.y;ti_ Rv'.-.S E.P!:.ti<; p1+F�`.1..f =•"T;)N4 ry ':yfi' +r.A�'�: '(l:•.(`];' :`t,!'� AND AU IAOR17!N` 7h'i Ot.....�5[�\ rn ( C-..T; F'r:. '11't• 11A.i:.. ,)„ .;( 'a? ^m :• ai i; 1 Ci ty 3r.y[i'. 22. 0Y!1 RR bl_',ST%E.SS 2 3. C.!1. 'I0 `U01 ENC !'0[; 7 i 1: b't"TRTNG S Id"d, l,t;E 2 .. Cf.:' Lrr_ T I 'G A R D C I T Y C 0 U N' f. I L' REGULAR MEETING FEBRUARY `Z5, 1974, 7:30 P.M. 1. ROLL CALL: PRESENT: Mayor` Floyd'H. Be.-qma^^; Cct--Ici1-en 'Jnr,, C ,look, Robert C. Moore, Charles L. Herron,, J:. Allan Parc c- icy Attorney 'Fred 'Anderson; R.6. Adams, Chi=_f of`Pa1:r.,c, WinslowC. Brooks, City Planner. '8:uce'P' Clark, t.ity Administrator; Doris Harti:g City Reccrderr..ir.k Director of-Public Sgrvicz and Fac_14t-o 2. APPROVAL OF MINUTES - February 6, 11, & -183 1974 (a) Approved as st:Cmitt-ed' 3. WRITTEN CORRESPONDENCE (a) Correspondence distributed by League of 'Oregc^ (b) Letter from Michael and Lucy Mayernik 4. APPROVAL OF EXPENDITURES & INVESTMENTS 56.228.63 (a) Motion to approve: Councilman Cock: -econded by ;;ou�-,c_i. an Mocrs. Approved,by unanimcu ,ote of Council. 5. 'MONTHLY REPORTS (a) Motion to accept: Councilman Nortcn: seccnded' by Councilman Patersc Approved by unanimous vote of Ccu ncil 6. RESOLUTION No. 74-13 RESOLUTION OF' CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE' MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO'PORTLAND-METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY;COMMISSION (S.W. Katherina Street Area) ( , Motion to adopt: Councilman Cook; seconded by Councilman Norton. Approved by unanimous vote of Council. 7. RESOLUTION No. 74-14 A RESOLUTION OF THE TIGARD CITY COUNCIL BAKING APPOINTMENTS AND ESTABLISHING TERMS OF OFFICE FOR ALTERNATIVE POSITIONS ON THE SITE DEVELOPMENT PLAN AND DESIGN REVIEW BOARD. (a) City Administrator recommerded Planning Commission position be left vacant and resolution be adoptsd as presented. Planning Commission will make recommendation for alternate positicn at a later date. (b) Motion to adopt: Councilman Norton; seconded by Cour:ci.lman Paterson.. Approved by unanimous vote of Council, B. RESOLUTION No. 74-15 A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING EXISTING APPOINTMENTS AND MAKING APPOINTMENTS AND ESTABLISHING TERMS OF OFFICE FOR THE BUILDING CODE BOARD OF APPEALS. (a) Motion to adopt Councilman Norton; seconded by Councilman Moore. Aoprcveo by Unanimous vote of C =,;i(i. ,av 9. RESOLUT--ION No, 74-16 A RESOLUtJON OF r'HE 1'IGARD E I!rY fOUNE:IE. MAKING APPOINTMENTS fO THE 6U0G1,1 CDIYEriiiTEt (a) Motion to adopt. Ccs c:lrr'ar Cook, iorr it L.;,r;ci11_Tan Norton ` AFr,rovad by u€?cnimrc vote -f s ,. J il_' 10,. O,L.0 C. LIQUOR LICENSE APPI TLi;"[Of,,' H 1 0. _r:.r r t , Toun Tavern,' 12370 S.W. Main 5t. teci y C 1 1 ,in.. .rr a RMB License, (a) Chief of Poli(:E, _.tated o,,l , )ecal „r r _.,, ,r)n for renewal of (b) Motion by Council. rllje,r-, Eryt ,at 1t,i tv Era- abject i c?a to ren Lal Cf Iic „:; r0,: ;rril Norton, Q Approved by u, animoi- _ct= of ioLr, :l. I1. O.L.C.C. LIQUOR LICENSE APP! IC.ATION - Caffer 's ?i)1 T }'laza; operated by, 3ame5F.3ck, Kay Pernell and B1 11 L-/"a ,'yrng Pct; a RMB license. (a) Chief of Pclire rep _'...d Pc-,l j, D=car Lm nt h ,.a for renewal ef lic nse, (b) MotloE by l:0ur': tl 3r_, ,<r :tur that at thi. Lil : i:y [,ad n.-) objections to 'r..n _r;i +r l.i . ee; e cited=ri t.ji,ciIia ri Cec+kx Apo roved by wn_C,ri, „o!" of La;rnc =1. 12. O.L.C.C� LIQUOR LICENSE A POL]E'ATION - I' L r od e c Mary i , 12-30 S.W. Main St. operated by l.cur, -L, Cirod, ap'71ying fcr a P.l 1_'cense. ;(a) Chief of Police reported Police D,?rPart-ent had no objections for renewal of license: (b) Motion by Counci.lrn,an M..,,c tie city has no objection to renewal of license; seccnd,,d by Councl.lr^an Ccok, Approved by unanimorra iota of Co.:nc;il., 13. SEWER DEDICATION COMPLIANCE: AGREEMENT -- Cooper Development Corpor- ation, S.W. Murdock Street Director of Public Servic :;; & facilities re;hewed Con.cer 0evF,.l- opment project and reported Unified S,�w .rag« Aggenc.y r,a::� ret;irested some changes and the pros .ed ompli.ance agreement: wh.ic-h would bring this in line with lJ S E,. requirements, City Attorney �3tat.ed he would like to review *prior to giving an opinion,, Louncilman Norton suggested Council await City Attorney's report. before taking any action. - (a) Motion by Councilman Cook to table to March tl rneeti.ng; seconded by Councilman Norton, Approved by unani.mor:S vote Of cunc 1. Page 2 - COUNt'11- ORDII AA`CES uU. 7"-1:, AN Cf 0IrjF .t r 1C T:iDT, RECT iU r,, :, z �a;:fit IF A T10N Eli rlltiHACT MAYERN,,,iK ijot' A iR„I='% , Rof” R Sir Ie Fa j 1i yr-� fpre- FD at i.,_1 tti rt l 1 3 n rat Liz r Ji st1 At t i X f9Af' 7 F'TxrrtEF , ill 0Art (a) City Ad, anr,z �,� tt r flirt cd (b)'. M tG r,i "arP�t AFcr �❑ tzy 1 15t ASH AVE: - DOW"!'OWN (_AND II„ <c-i (a) Public Heai,.t .a rCf t rj Synopsiane rt�g. g r r, .;}, t. ltr Bolen Slio .:L -3,_. t., 1� i�vf , al ."clan vas also pre,_r,ted b W.1.t t;en Teatt.ir^y d t It, Harold Sct ,zdt, 463,5-S W Hi 71 =:W Ct Steve & Gwen t r s ? 2.5 , W n S c r P1! #, f Ruth h1 5a+,f7 r Jo`5 7 �, lJ f + = ` #r Garry Reynold._, 100-,F 9:t d.r t . C t _..r >r i„to thoroughfare R.D, BF d ,(Se 5 Jil ,t LI A `: 44 ti Jon BennFtt, 1146 5,J. 9,, r (1 _ed AirF, ,L4 Jerry Mc8ar. 13 1 15 �W, A.ti Dr C.. � Petition cot _: e' t A? #mss alp. f'7 ;_ 7 atf �: Add.tticnal petzc.rot Alt In ;tai i�. � _ „} t . alt. -#8 r Verbal Testimony Mr, Galvin, favored Alt, 44 Atty John Otting, 12210 5,u. AIU"rts testified for IS residents favored Alt: #3 John Hecktor of D,E.Q No.- Frrltral Dept, commended decrease traf f i.t ,.tclfim A h Ave :already exreeds noise level Don Feller, t" r ct" fdf-'O cn:„ �r,dad adeptic, cF NPO Klan Cliff Ashley, r :Crm.a , iNPO test.ifled for adcptioa cf NPO plan Ken Linsey, Ash Dri, fa c}red Alt, #8 Craig Coles, V111890 1 Drive. zga t Asci A,,;­ -irS.dge R,D. Bendixsen, 1335ri 5UA4ti Fa,mred A7 t. 8 Steve Fouste, A3h A% ;i+:. c, ,ted Alt, #6 # Gerry MCCC!,llough, ci.scu ,+ + ire arvelop_ ment impact Stan Wright. S.W„ F F,,;.i.ng St. Favored ,.tied Alt #9 Chief of Police R,H, Adam.i favored montF :,i alt. ##B Betty Parker, 9675 S.L1, Frei+..ng, favored 41t. #8 Rod Bristol, 5,W. 07Mar.a Sr p;2_rted ccT'> .nat;ion #41 & 8 of Alt,. Mr, Parker, favored Ef3m,ji_ned Alt.- #4 & B Page 3 GOUN1, t f.J.. MEN Mayor Ee. ylor from LwDve i . and nw< ari >, ;.r ,c,. E preferred ,, i 25 preferved 'sire , y+. In Public>Hearing Closed Council adjourr-o at. l°45 1r-c f _ L.M, (b) CoWnilmar CJHtM mw,Pd "t;' session; n by i Own AP p 1i7 v eci by Cf 16. STREET VACATION - 3,0 690h KvnO�- (a) Punl c Hearing 9.n0 n M' -City Admini atnr-. Qrd all t _ .o ,ar« unabl to tt 1jqUgyr, 0 i, n, cq to next regular Ppb (b) 'Mot.ir by Ce l- 0 & ar t March�'lith;_ d, y Appy,ped by ,t 17. APPEAL. OF PLANNING CO M � n t K U A request;by Harley Dav id nn or P._•i r d to sliou retail motor- cycle and motorcycle ac.ceavory sales in a --3, General Commercial. zone. Subject property located at 11645 ,.W, pacific Highways- The site comprising 46 acres and occumed hs one single Pami dwelling and one 5000 square fent tial. structurk (Tax' Map1S1 3500, Tax Lot 800 A-1 ar d 900). Planning t.c. mis.non approved request with condition*u (a) Public Hearing 8:00 130, Planning Staff g v:_ findings and showed slides of site under consideration. Planning ic , i.;_ cn had approved Gad'ticnal use with conditions and applican, was appealing rendition "e" which states: "That tris ap.roval be granted for a one year period, to be reviewed ewed at the end of that time by the Planning Commission". Those who testi. led. Fred Young, 610 S.W. Broadway, agent for applicant Paul Warner Tom Fall, 900 S,W, 5th Avenue, representing Paul Warner Council and staff arc=5 examined proponenk, Public Hearing Closed Page 4 - COUNCIL MEETING - r truary 197 (b) Motion by Councilman Paterson the restriction "e' be re- moved; seconded by,Councilman Norton, Approved by unanimous vote of Council." Council requested City Attorney to write memorandum rA- garding procedureinrelation to planning comm03sion, planning staff and City Council. 18. APPEAL OF PLANNING COMMISSION ACTION ',Zone Change ZC 1-74 A request by Robert Aungier to change existing Cuunty ze•rnng from RU-4 Urban Residential District and B-2, Community Retail Com- mercial District to a city C-3, General Commercial District. Applicant proposes construction of a ,baked foods thrift '.store. The site is located at 13735 S,W. Pacific Highway and comprises of .95 acres, (Tax Map 251' 3DO, Tax Lot 400), Applicant denied by Planning Commission, (a) Public Hearing 8100 P.M. Staff findings given by City Planner Those who testified: Bob Aungier, ,;11302-S.W. Barber Blvd representing pro-perty owner, Petition signed by 13 neighbors in residential area to west of property;who said they had no objection Two daughters of property 'owner-Michael Serres Council and staff cross examined proponent Public Hearing Closed (b) Motion by Councilman Norton to hold matter, over to study session, seconded by Councilman Cook_ Approved by unanimous decision of Council, 19, ORDINANCE No. 74-17 AN ORDINANCE AMENDING Chapter' 16.32 OF THE MUNICIPAL CODE, ABOLISHING BOARD OF SIGN APPEALS, TRANSFERRING APPEAL 'FUNCTION TO THE PLANNING COM MISSI^N AND AUTHORIZING THE COMMISSION TO 50 ACT, PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY (a) Motion to adopt: Councilman Cook; seconded by Councilman Norton, Approved by unanimous vote of Council, 20. ORDINANCE No. 74-18 AN ORDINANCE AMENDING SECTION 16 (i) OF ORDINANCE NO 73-33 PROVIDING A PENALTY FOR TRAFFIC OFFENSES FOR WHICH A SPECIFIC PENALTY IS NOT OTHERWISE PRESCRIBED, FIXING AN EF- FECTIVE DATE AND DECLARING AN EMERGENCY (a) City Attorney reported proposed ordinance would correct an error in a previous ordinance and Proper codification could be completed. Page 5 - COUNCIL MEETING - February 2S, 1974 (b.) Motion to adopt: Councilman Moore; seconded by Councilman Cook. Approved by unanimous vote of Ccuncii 21. OTHER BUSINESS Aa City Administrator stated Czty of Beaverton ')ac- scheduled breakfast meeting for 7:30 A.M. Fr day, Ma.�h 1..:t to d.. gas tax levy and proposed road tpvy.> City .Adm c_utrato: also reported to Council `ie Lgjjl be out of town MJTrn through9th to attend the N-W C(ty Manager7, onfere .P. Adjournment 11;30 P.M„ Gif.y Ftec._tdet 1 ATTES / Mayor- Page 6 - COUNCIL MEETING - February 25, 1974 BILLS PRESENTED FOR PAYMENT FEBRUARY, 25, 1974 GENERAL FUND - U. S. NATIONAL BANK Check No. 14257 Roger Thomssen, recording 1222'00 14258 postmaster, postage meter 183 150.00 14299r Celia H. Leeman, Trustee, payroll deduction (606) 100.00 U. S. District Court 14300 Lea ue of Oregon Cities, Blue Cross (10) 86.44 11� 12.09 (12) 12.09 (15) 12.09 (16) 283.50 R641.53 16.2) ,26.21 (19) 52.42 (615) 156.69 14301 Petty Cash, lunches, office supplies, etc. (10) 8.56 (12) 3.10 (13) 4.50 (14) 5.60 (16) 47.90 62,41 18 12,75 14302 League of Oregon Cities, Kaiser (12) 89.98 (13) 32.09 14 64,is S16 177.03 (16.2) 49.46 (16.3) 906.57 16.58 173 24.73 `193 56.82 (616) 195.60 14303 Lea us of Ore on Cities, insurance benefits 2.20 (11� .55 (12) 2.75 (13) .55 (14) 1.10 16 11.00 (16.2) 1.65 (16:3) .55 (19) 2.20 23.65 17) '.55 (15) .55 14305 Oregon Admin. Co., payroll deduction (619) 39.38 14306 League of Oregon Cities, salary continuation (11) 3.64-(12) 24,62 (13) 2.99 (14) 17.04 ('15) 5.11 16 90.20 (16.2) 16.64 (16.3) 5.74 (17) 4.41 196.11P 193 25.72 14308 A Incorporated Insurance Assoc., fidelity bond (18) 194.Q0 14309 Anderson & Dittman, `Professional' Services (Jan) 656.00 (11) '105.00 (18) 551.00 14310 Business Equipment Bureau, Paper & Equip. Rental R10 45.74 11) 1:.51' (12) 27.33 (13) 7.34 (14) 38.44 163 61.16 16.2) 1.51 (19) 10.90 193.93 14311 Carl Buttke, Engineer Services (Traffic Plan) (14) 100.00 14312 Cake Company, 9-1 Speaker (16.3) 63.17 14313 Cascade Microfilm, Prints of Maps (19) 25.00 14314 Communication Enterprizes of Oregon, Base Repair (16) 28.00 14315 National Recreation & Park Assoc., Subscription 10.00 Renewal (17) 34316 Lanson - Tremaine, Books (15) 185.74 14317 Newberg-Interior-Sherwood, Carpet (18) 1259.50 14318 Manpower, Mary Ann Richey-employee (13) 179.20 14319 Par as, Repair damaged propane pump - Rental (16) 56.06 (12� 5.00 61.06 14320 Prentice Hall, Inc., Publications (16) 13.15 14321 Rodda Paint - paint (18) 12.42 14322 Supt of Documents Catalog (16) B.BO 14323 Times Publication Zone Change Publication (12) 7.63 14324 United Alloys Inc. :- Rods (20) 137.55 14325 Valley Petroleum - Bottled Oxygen (20) 5.90 14326 Washington County Communication (16) 304.93; Repair Police Communication Units (16.2) 33..14 (16.3) 82:50 420.57 14327 Sears - Vac Cleaner (16) , 54.95 Total $5578.22 ASSESSMENT FUND- U.S. NATIONAL BANK 2623 First National Bank - Coupon Interest (5) 201.25) 2624 First 'National Bank - Coupon Interest- (6) 57.50 Total $258.75 SEWER FUND - U.S. NATIONAL BANK 14300 League of Ore. Cities —Blue Cross (103) 21.93 (616) 9.84);' 31.77 14303 League of Ore Cities - Insurance Benefits (103) .55 14305 Oregon Admin. Co. - Payroll Deduction (619)_ .91 14306 League of Ore. Cities - Salary Continuation (105)- 5.64 Total $38.87 STATE TAX STREET - U.S. NATIONAL BANK 14300 League of Ore. Cities - Blue Cross (103) 26.21 (616) 14.13 40.34 14302 League of Ore. Cities - Kaiser(103) 64.18 (616) 31.00 95.18 14303 League of Oregon Cities Insurance Benefits (103) 1.65 14305 Oregon Admin. Co. (619) 3.02 14306 League of Ore. Cities - Salary Continuation (105) 14.90 14319 Pargas - Rental (210) 15.00 2628 Peerless Pacific - 2" Pipe Galvanized 21' long (220) 182.70_ $352.79 Checks issued for expense - $6228.63 -2- S i S. FINA14CIAL STATE MT REVEf:UE.S Date January 31, 1974 1973/74 CURRE14T YEAR TO GEi.''RAL•FUND BUDGET MONTH DATE Cash on Hand 7/1/73 0130,541. -0- 181,135.' 701 . Property Tax-Current 232,728. -0- 198,482. 702• Property Tax-Prior Years 8,019. "-0- 11,534.+ 703 hand Sales &`Advance Taxes 160. -0- 00. 704 Trailer Sales Tax 180. -0- 9." REVENUE FROM OTHER AGENCIES '; 712 Cigarette Tax 19 848. -0- 11,053. 713 Liquor Tax 50,279. 19,251. 43,252. 717 State Subvention - BOR 42,613. -0- -0- 717 State Subvention - PEP 14,630. 804., 11,923.' 718 County Subvention - USA 28,162. -0- 28,163. 718A County Subvention -'RIDE 39,023.' 5,096. 13,369. 718B County Subvention LEAA 14,012. 3,090. 5,010. LICENSES & PERMITS 721 Business 28,309. 329. 27,458. 722' Liquor 150. 10. 30. 723' Bicycle 175. , -0- 36. 724 Plumbing & Heating 13,320. 650. 4,531. 726 Building 33,022. 1,844. 29,003. 727 Moving 50. -0- 5. 728 Street Openings 250. -0- -0- 729 Sign 545. 2. 298.. FIP.°ES R FORFEITURES 731&734 Court &:Indigent Defendants Dcf. 52,000. 2,801. 24,721. USE OF MONEY & PROPERTY 742 Telephone Pay Booth 35. 3. 27. 743 Interest 1,800. 1,461. 3,173. CHARGES FOR CURRENT SERVICES 750.10 Street Sweeping 2,000. -0- 380. 750.20 Subdivision Application Fee 600. -0- 214. 750.30 Subdivision Lighting Revenue 2,000. -0- 540. 751 Zoning Adjustments 3,000. 450. 1,325. 751.1 Special Police Service 2,425. -0- -0- 751.2 Special Inspection Service 1,087. 102. 162. 752 Document Sales 2,000. -0- 511. 755 P. W. Construction Feee 6,000. -0- 1,206. 756 Lien Check 1,200. 62. 484. 757 Sale of Street Signs 750. 25. 235. 758 Library Fines & Fees 1,200. 121. 834. FRAVCHISE REVENUE 761 P.G.E. 39,699. -0- 16,731. 762 N.W. Natural Gas 8,978. -0- 6,727. 763 General Telephone 18,142. -0- 8,664. 764 Garbage 5,710. 192 2,661. 766 Taxi 90. -0- 60. 767 Pacific Northwest Bell 100. -0- -0- i ?PORI-REVENUE RECEIPTS 1973/74 CURRENT YEAR T BUDGET MONTH DATE 771 Sale of City Property 2,800. -0- . 3,806 775 Unclaimed Property Sale 100. -0' 06. 776 Donation - Library 1,000. 25B. 776.1 Donation - Library Building` 1,000. _0- 278. 777 Park Development & Maintenance 57. 5.000. -0- 210. F^COVERED EXPENDITURES k 783 Admin. Sewer & Road 10,000, -0- 10,000. 785 Gas Tax Refund 600. -0- 755. 787 Nuisance Abatement 100, =0- -0- 787.1 Demolition of Building 788 Other 2000. -0- 10. 2,000. 203. 5,892. 77ggggT' gt ' Improvement S.W..115th 57,000. -0_ -0_ t School District-Vehicle Maint -0- -0- 786 Reimburse Voters Registration - 20. TOTAL GENERAL FUND _3 -0_ 18. 1886,432. $36,754. $654,992. SELER FUND Available Cash 7/1/73 6180,295. 175,783. t USE OF MONEY & PROPERTY 743 Interest 7,500. 266. 747 OEA & Others (Need Project) 4.442- 50,000, -0- -0- CHJRGES FOR CURRENT SERVICES 3- 34. 753 Sewer Connection Fee 40,000, 720. 23, 7-F4 Monthly Sewer Service 534• 5 Sewer Permit & Inspection 43.300. 6,838„ 22,775. 3.300. _66. -2,775. RECOVERED EXPENDITURES 788 Other 300. -0- 290. 789 Unbonded Assessment 289. 17. 110. TOTAL SEWER FUND s $327,665. $7,910. $234,526. STATE TAX STREET FUND Available Cash 7/1/73 40,000. 63,196. REVENUE FROM OTHER AGENCIES 711 State Gas Tax 94,350. -0- 45,764. USE OF MONEY& PROPERTY 743 Interest 1.367. 470. 1,052. i TOTAL STATE TAX STREET FUND $135,717. $470. $110,012. :... ROAD FUND Available Cash 7/1/73 1,618. -0- 3,043. 714 County Road Tax 1,000. -0- 125. 743 Interest 25. -0- 7. TOTAL ROAD FUND 3 2.643. $-0 $3,175. IHis -0111 MM 1973/74 CURRENT YEAR TO FEDERAL REVENUESHARING FUND BUDGET MONTH DAA Available Cash 7/1/73 3 72,556. 77.383. 715 Federal Subventions 66,780. 17,871. 52;437. 743 Interest 500. 00. 2,280. TOTAL FED. REVENUE SHARING FUND 8139,836. $17,871. $132,100. I�{ BANCROFT BONDS Assessments 32,000. 1,774. 10,326. Interest 10,979. 738. 4,166. USE OF MONEY 743 Interest on Investments 1,000. 1,200, 3,850. EF TOTAL BANCROFT BONDS $43,979. $3,712. $18,342. t GENERAL OBLIGATION'BONDS Available Cash 7/1/73 $ 15,374. 4,923. Cash from USA 25,926. 24,910. 747 Interest on Investments 100. 111. 376. T1,TAL OBLIGATION BONDS $ 41,400. $111. $30,209. (EE( t t 1 i i TOTAL BUDGET $1,577.672. $66,828. $1,183,356. 111,111 MINE N N to r :tll an 1 0 m.:. cFd. co N O r' W d': N ++1 O i M M: Co: W N v co :. N 10 co W 4-1 r v 1n .-1 1 r 1 +a O.. IT Ol .d. CO <I' .-1 N --r O Sy` O Ifl vl O - O O e-1 M 00 N d' 0) : M It co r� O O O 11 O O 1 1 1 . F. 00 +S co r W co N 1 O co drC14 C)' �:. 'M '.M M p... p m C-i a o.< 1 1 O O o.. cl; N N ry y; l0 N N h :O M 1 i— 0 : lU 1O M 1' V' N 1� N H 4- a) r r ' r m �a ri ri N "N co M O W W CO CO W W :+-: :a e +, m �; o a o C 0 0 N M :(N Ln u) 111 O: 01 O V :Q' Ol ri tt r. C13 U/ 0 C 10. M 1 N W [r.. r r Ci o o i .a N (y N _...N ta rl O V. O r tll N r r (. O N l!l O to 1 11 y m n1 am b In co r o „o W 'ui w m Ln p O N rl N N N r W N N M 111 M d' 'n V cf' eel T W r -Ir 'i r r .-I Cy, r r cli C v 03 rl O N N Co r- em —4 N N N d' M Ol r 14 r O d' H r M 0l 0 O O O O O N O v W M ttl OJ O W u1 e. N In M N W [r e-I N H Ul W M l/l Ill e-1 r-1 N lfl O 0 co W N0 N N W O H W M .d W cr Vl CO It r M .-1 N r W fl- fn In r M +a Ol 'i rNN to M :— EO C!] Q y O v� N N E N > H O H a1 0) 6C iC W O 0 CEIi H 9g app ptyt p. Tl EXPE'ND17TURES J 1973-74 Mo.= January Year to Budget Current onth Date GENERAL FUND Mayor & Council 4,662. 110,06 2,638.45 Municipal Court 19,112. 1,249.67 10,599.27 Administration 68,177. 5,291.62 37,778.18 w. Building Dept. 31,728. 1,268.29 13,748.22 Planning & Zoning 42,781. 4,604.09 23,064.07 } Library 22,030. 1,778.57 10,414,50 b Police 346,242. -30,683.26 183,261.53 �• 1,165.48 11,551s 24 Parks & Recreation 84,201. Non-Departmental 132x974. 5,930.94 39,687.25 Engineering 59,642. 4,717.84 31,484.01 Street Operation & Maint. 70,223. 1,163.01 7,527.45 Contingency 4!660. -0- -0- Total General Fund $886,432. $57,962.83 $371,754.17 SEWERAGE DISPOSAL FUND era on a n enance 265;933. 2,613.33 19,776.10 Replacement & Expansion 54,383. -0- 4,283.23 Contingency -0- -0- Total Seger Fund $327,665. $2,613.33 $24,059.33 STATE TAX STREET FUND era on a n enance 131,31.7. 4,548.16 59,112.53 Contingency 4,400. -0- -0- Total State Tax St. $135,717. $4,548.16 $59,112.53 ROAD FUND Up-e—ra-t-fo-n-,& Maintenance $2,643. -0- 1,147.50 SPECIAL ASSESSMENT DEBT FUND-Bancroft Bonds 'x,4,5,6;7.8.9 $43,979. 3,810.66 27,445.62 GENERAL DEBT FUND enerabliFaTfon Bonds $41,400. 1,537.08 13,730.83 FEDERAL REVENUE SHARING $139,836. 16,795,14 54,504.45 TOTAL BUDGET $1,577,672. $87,267.20 $551,754.43 i All a `S it January 28, 1974 MEMORANDUM To: ` City Council From: Planning Department Subject: Monthly Report _ for the month of January Zoning & Subdivision Administration For the month of;January, the Planning Commission considered the following items; Zone Changes 1 Conditional Uses 1: Temporary Use 0 Variances 0 Preliminary Plats 0 Subdivision Standards Variance 0 Site uevelopment 'Plan Review 0 Miscellaneous 2 Ordinance Revision 0 One regular meeting and one study session were' held 'i.n Januarv. February will see:a return to the Commission's regular 3 meetings;per month schedule. Because of recent annexations, the City has acquired large blocks of county zoning. The staff proposes to initiate zoning action through the Planning Commission so that these areas may be brought into conformance with City zoning. This process will begin with the Planning Commission hearing on February 19th. Neighborhood Planning The Planning Commission & NPO 3#1 held a joint meeting on January 22nd to discuss the Buttke Traffic Circulation recommendations. These groups have issued a joint recommendation involving the lowering of residential density adjacent Fanno Creek, the relocation and enlargement of the O'Mara Park site and the support of Traffic Circulation Alternative i#4. This recommendation will be presented to the Council at the February 4th Study Session. NPO #2 is progressing with the definition of neighborhood problems and related policy for residential, commercial and industrial uses. The committee will consider problems and policy related to transportation and parks during the next month. Also during the next month, the staff will begin to develop a "scope of services" necessary to define the work program for a traffic consultant. The staff hopes to avoid the traffic related problems that occured with the first neighborhood planning effort by retaining a traffic consultant for each successive neighborhood plan. Planning Department Memo. -2- January 28, 1974 Downtown Redevelopment Plan Schematic Main Street design proposals will be presented to RE-PAC an February lst at Floyd's Restaurant by University of Oregon Planning assistants. - The Council is invited to attend. The staffchecked with the State' Local: Governmental Relations Division to ascertain the status of our $9,000.00, "701" Planning grant. We were told by Alan Hedburg, of that division, that "'701" appropriations have been held 'up in Congress because of the Watergate hearings. The State "701" review process has not begun, consequently, the staff will continue to monitor the progress of our grant application. Ordinance Revisions We recently acquired'a new planning intern, Steve -Cartmili, from Portland State University°s "Urban Studies Program". He has been'assigned the task of drafting a proposed Flood Plain & Fill Ordinance. The recent floodings illustrates the urgency for this ordinance. The staff will have a draft of this document for Council consideration the beginning of March. Special Projects With the end of the holiday season, the Planning Commission has again begun to work on "Planning Commission Procedures" and "Street & Road Policy".' It is anticipated that substantial progress will be made on these items during the month of February. Adoption ofappropriate documents should be completed by the end of March, ' Because of several problems contained in our existing Sign Code, the staff has embarked on proposed revisions related to Bench Signs, Directional Signs, Industrial Park Identification and Planned Development District interface. The Planning Commission should finish consideration of these items by the end of February, thus placing them before the Council during March for consideration. February 18,'1974 MEMORANDUM To: City Council From: Planning Commission I Subject: Street Vacation: S.W. 69th Avenue between S.W. °Hampton Street and S.W. Irving Street. The Planning Commission, at its regular meeting of December 18,; 1973, took 'action to recommend the vacation of the above described street subject to the following condition: Ten feet ;of S.W.. 69th Avenue, adjacent S.W. Hampton Street should not be vacated in order to provide for the future right-of-way needs for an improved S.W. Hampton Street. 1 6 � 1HHL - � nvw==—jJ ....;: �_ r^t:a r•r �•a.�1"!r r¢.�.-- t—i * 7—L_-'`�:.rs'�w.-.,. = s0.*.,.,,,�;'•�. •`k �zv1 � � §�.`�, g� � + c 4Y d4a r 'L•?y, �,.o s 3/..0 AMLU cr 1••L•.. �v,� .. :_�' �5.�r a_2 z r"�iz.� _a�'�,�cS•p ��� r'a C� '<+ � v.. F - es� a r—a1c�Dada ��v'��.�...-aaum eras ®rts� -�cex7 vS 21�'t'S'n rt`F ,cP�Sz4 r k ' F {)y r = ` 0z' a k x ' ' LL a E �l � - A oa 3LU ¢ i. z °t C w cn¢ O o 4T1 N 2 x w ¢w wa as ��� '"•'�1� "`� `gip _ m� .� � O f cc 8< a� > � �w Q w w J W CL W J J 0 J µf ¢w a X cc2 � s11 0 Lo �.. w CD J C) LLJ wz = Ir C11 Cn W U .� 31, s m 17 80 O • 2700 25' 25' 52600 19 O ISO so' i 5' 2 5' 6 0' Fid -0 , O O O J O o a 1 � � 900 a O l a 1600 15 29 n m ZOOO 2.601 N T2800 N 1500 1000 2900 N I40O - z 2100 1100 o -- 2200 � z N a " 23001300 12 0 0 N b STT TI 0 250 21400 f '! SEE MAP \ J t .S. 12174) �-r! I o Wd or 2s 1 � Y W 25' 25' 25' 25' 25' 28' 25' 25' H 25 25'1125' 25' 25' 25� 25' 330 _ 3c �I�,�25I a \ o ( - of ` 2 3 (4 15 16 17 IB o 0 - 111 iLja 36 — 10 n Ip 35 _ — - - II 34 12 33 13 _32 N — 14 31 3400N \ N 9 � 15 30 f 16J 29 a 17 28 N N N 18 27 N' 3500,, 9TTT1 � h TTTJ a ( 0 19 20121 122123 2412512666 • I I ( — 1— IA 25 $'9� .ji////� ���//.. .. 91 o '� B. Mickelson Roved to interpret th= requested motorcycle sales store as a conditional use. Hartman seconded and the vote Was unanimous. 10.3 Discussion of a request by the Murray-McCormick Environmental Group to consider "major appliance and furniture assembly, warehousing and retail sales where the majority of apaceutilization is for warehousing and assembly" as a conditional use in an M-4, Industrial Park zone. y _ 1._ Staff Findings A. Brooks presented the staff findings and ;informed the Planning Commission that thio was a matter of discussion at this time and that no staff recomi =cdation was prepared. 2. Commission Discussion and Action A. The Commissioners, after discussing the request, `agreed that a 'major aspect of a furniture business is storage or warehousing of merchandise. A oasi.s was therefore recognized for considering a furniture store as a "condition- al use in an M-4, Industrial Park zone in that warehousing is-presently- a conditional use in this zone. B. Hartman moved to instruct the c.taff to draw up an ordinance amendment to include a j furniture store as a conditional use in i an M-4 zone. Barkhust seconded and the motion passed by unanimous vote. i 10.4 Vacation of S.W. 69th south of Hampton i 1. Staff Findings and Recommendation i A. Brooks presented the staff findings and recommendation for approval. 2. Commission Discussion and Action A. Hartman moved to recommend approval of the dedication request to the City Council. Sakata seconded and the motion passed by unanimous vote. ADJOURNMENT: 11;02 P.M. i Page 10 12-18-73 - PC Minutes r TIGARD ,PLANNING COMMISSION F Staff Report i Miscellaneous December 18,i 1973 fI 9.5 Street Vacation: S.W. 69th Avenue between S.W. Hampton Street and the vacated 'S W "Irvi � Staff Findings 1._ The Tigard Triangle Qeyelooment Plan indicates a pattern of "super-blocks" that will be created j by ,vacating unneeded segments of existing, dedicated street right-of-Way. These super-blocks Will permit the consolidation ofrland -holdings into parcels that will accomodate large office developments. The Lamb-Weston site is an example of an area where a section of unneeded right-of-Way has already been vacated. 2. The subject street vacation as requested by Lincoln Properties Inc., the adjacent property owner, is also supported by Lamb-Weston Inc. , who is the other adjacent property owner. 3. The previous vacation of S.W. Irving Street has prevented the continuation of S.W. 69th Ave. , south into the Farmer's Insurance Property. 4. Previous Planning Commission approval of the Farmer's Insurance Group preliminary development plan and program did not anticipate the extension of S.W. 69th Ave. into the Farmer's site. 5. Access into the Farmer's Insurance site will be adequate when S.W. 68th Avenue is improved. S.W. 66th Avenue currently provides access to the Farmer's Insurance site. S.W. 68th Ave. is the street most logically located to provide access to the Farmer's Insurance site. 6. The Tigard Triangle Development Plan indicates a vacated S.W. 69th Avenue between S.W. Hampton Street and the vacated S.W. Irving Street, thus, the vacation request conforms to the Tigard Triangle Development Plan Staff Recommendation The Planning Commission recommend to the City Council the vacation of S.W. 69th Avenue between S.W. Hampton Street and the vacated S.W. Irving. Ten feet of S.W. 69th Avenue adjacent S.W. Hampton Street should not be vacated in order to provide for the future right-of-way needs for an_ improved S.W. Ham ton Street. -------------- r February 18, 1974 j MEMORANDUM To: City Council From: Planning Commission Subject: Recommendation to Council concernin r U 1-74s a request bHarl Davidson of Portland to allow retail motorcycle-accessoryy salesein a C-3, General Commercial zone. The Planning Commission at its January 15, 1974 public hearing took action recommending to the City Council the above described conditional use be approved with certain conditions. Those conditions are described as follows: a That there will be no servicing of vehicles on the premises. b. That there will be no test riding of vehicles to be sold, on the premises. C. That the vehicles not be used within the building in any way. enter and exit- from the sidewalk adjacent to Pacific Highway. d. That outside display and access be restricted so that motorcycles do not e. : That this approval be granted fora one year period, to be reviewed at the end of that time by the Planning Commission. Please note that the appropriate staff report and meeting minutes are attached for E' reference. Conditional Use E ca i 4 .; : How, i c Q s Spy imew-►IAG 5. PUBLIC HEAR11"G - Conditional Use 5,1 Conditional UTo-,e - CU 1-74 A request by Harley-Davidson of Portland to allcm `r-.`pail motorcycle & motocyclP accessory sales in a C-3, General Coamercial tone. Subject property located at 11845 S.W. Pacific Highway. The site ctmprising .46 acres and occupied by one single family dwelling and one 5000 square foot commercial structure. (Tax slap 1S1 35DD, Tax Lots 800 A-1 & 800). , A. Staff Findings. j 1. Brooks presented the staff lindi=igs relevant to this case. B. Testimony & Cross Examinatietl 1. Proponent a. Dick Roberts, ; the applicant's a.tt r_ey, preseet-ed the proposal and responded to the Fasano guideli.aes. He pointed cut that the Fasano guideline does not apply referring ,to other lard available and zoned for the requested use. ; In t_h_is case, motorcycle sales are not permitted outright in any cne within the City of Tigard. He also addressed the staff 'f _.dine stat-ing that the location of a m,:�tr,.,ycle shop would result in conflicting land use as not correct because ^.thr-rusessuch as service stations and automobile sales are Ideated in the area.. He also pointed out that there would be no test riding of vehicles in the City of � Tigard. This would b dcnc, at the Portland stre. He emphasized that this store i.s fc 0'",Play purposes -11y a.a,d no tes-t. riding � or repairs would be con&ucted at this 1t:�cation. � 2. Cross Examiratiori a. Ball asked Mr. Roberts if he were saying that Faasano requirements do not apply to conditional uses. f b. Mr. Roberts replied that procedurally, yes, Fasano should apply, but the burden of proof should not include that you show other available property if the use requested is not allowed outright in any other zone. p t c. Chairman Whittaker asked if the health food store would remain next to the proposed use. d. Mr. Roberts replied that the health food stere had a lease and would remain on the premises, e. Ball asked if off-street parking were available for the. use. f.. Fred Young, realtr;r with he=iris & Steve-s, rapped that there Was no off-street parking for thid, use. f` g. Bill Stiles, attcrrey for the owner of the health food store, 4 which would be adjacent to the motorcycle store., questioned the applicant for his.client. He asked if the company would actually be able to sF11 motorcycles without allowing test tiding. 4 Page 7 - BC Minutes - 1-15-74 t h. Mr. Young replied that they could. Motorcycle sales is different than imagined by many people, and v7,like the stilling cf an automobile, it is uncoaLmcin tc al.lcw test riding of a motorcycle. i. Mr. Stiles then asked if windows would be 'put in the Pacific Highway side of the building larger than those now in place'. j. Mr. Young replied that larger display wi-.dcws wciAd be put on the Pacific Highway .side of` the b i lding. k. Mr. Stiles asked if vehicles wculd he _:e=_ iced on the site. 1. Mr. Youngreplied that all servicing w�jld be done at the Union Avenue store in Portland. 3. Opponents a. Mr. Stiles stated that his client.S H_-se of Health, 11;pp.lses the request for the motorcycle shop. 4. Cross EYam;inatio—z a. Sakata asked Mr. Stiles where people the t�l<-aners park. at this time. b. Mr. Stiles said he presumed that the clEa.-i,_°= pat;ions parked on i War-per Street because this is the only park-ing available. C. Staff Rec.omnendation' 1. Mr. Brooks presented his ?.ecommenda.tion that the request be denied based upon the unsuitability of the proposed use fes the subject site as stated in st-aff finding number 5 and the fact that the applicant has not prover, his pr.oposai will not have an adverse affect on adjacent properties as stated in staff finding number 7. 2. Hartman asked if Brooks had cc:,nsidered changing his recc-Unendation based upon the letter which had been submitted stating no test riding will take p .ace at the location. 3. Brooks stated i/no" his recommendation has not been altered by this new evidence. 4. Bark-burst stated that the noise coming from this use would be no greater than from any other C-3 t-se and a. one year conditional use might be appropriate. D. Public Hearing Closed, E. Commission Discussion and Actio Page B - PC Minutes - 1-15-74 i 1. tzii stated that Mr. Stiles has raised Some valid objectionstothe location of a,trot:orcycle sales store on this site., but it appears' that these objections cculd be overcome by the p1'ace_ne^t of conditions upon approval of the ecaditional use. The c;bjectir,ns relating to noise appear to have been met by the applicant o s stat_me-'t that no vehicle maintenance or test..riding Will., take. ,lace from tie sl t— T-herefore, noise levels should certainly be no grEater than that 7.f any other use in this zone. Ball then roved to app-rove the conditional use subject toil the following cr.nditio-.ns. a. That there will be no servicing <f vehicles o_n t_he prec_iseS. b. Tha.L there will be no test riding of vehicles to be sold, the pr+_raises. C. That the vehicles not be sed within the build i''ga i.'_' ^Y Way. d. That outside display and access be estricted so that motorcycles do not enter and exit from the sidewalk adjacent tai Pacific Highway. I e. That this app--oval be i p g�ra.x�ted f�a_ a cage year p i��?9 to be reviewed at the end of that time by the Plan-I! g Cc,;--issicn. 2. The motion was secc+nded by Barb_h;;•rst and d r�ved:b " r°� pP y 7.."a- i.-.ou s vote of thos Commissioners present, . 6. MISCELLANEOUS 6.1 Interpretaticia of Use L A request by Mr. Ric.ha.r•d Paz tc e._==tabli>h a glazing business ""rpecializia.g an both ccmme--ixl & reRidantial glass installation --Pd re air` �n C-3 General� p , Coamercial zcne. A. Staff Findings 1. Brooks prcsenitFd th1S item g�iOW1"g the t rcation a.rd offering. gind_i ngs releva*it to the request. B. Staff Recoaanendation 1. Brooks recon¢-ended that the glass glazing shop be considered a conditional use in the C-3, General C;-.crzrezcial zone. 3 C. Commission Discussion and Action 1. Hartman moved that a glass gla:.r_ng shop be considered a conditional use in the C-3, Ger,,:.ral Coro ercial zone. 2; Frasier seconded, and the motion parsed by unanimous vote of those Commissioners present. 7. ADJOURNMENT 11030 P.M. f Page 9 PC Minutes - 1-13-74 1 r i i i TIGARD PLANNING COMMISSION Staff Report January 15, 1974 Agenda 'Item '51 CU 1-74 Conditional Use For property located at 11845 S.W. Pacific Highway + (Tax Map '1S1 '35DD, Tax Lots 800A-1 and 800) Appicant Harley-Davidson of Portland Applicant's Request To allow retail motorcycle and motorcycle accessory sales in'"a C-3, General 'Commercial zone. Applicant's Proposal To conduct retail sales of motorcycles and motorcycle accessories from the subject site. Staff Findings 1. The Planning Commission on December 15, 1973 acted to declare motorcycle and motorcycle accessory sales, a conditional use in a C-3, General Commercial zone. 2. Adjacent land use and zoning are as follows: All adjacent zoning is C-3,- General Commercial Northeasterly direction,. across S.W. Warner Ave. Furneral Home Dentist Office Multi-family dwelling (4 units) Northwesterly direction, behind subject property Single Family Dwelling lst National' Bank of Oregon w Southwesterly direction between subject property and Hall Blvd. West Coast Furnishings Knauss Truck Center-Parking & Vehi'cle 'Display Southeasterly direction' S.W. Pacific Highway 3. The Tigard Community Plan designates the subject site general commercial use and defines said use as a "range of retail and service commercial uses that benefit from a highway-oriented location". The stated use conforms to the Tigard Community Plan.' 4. The proposed use will fulfill a community need for a motorcycle sales outlet within the Tigard community. There are, presently no motorcycle- sales outlets within the Tigard community. 5. The location for the proposed use is not suitable on the basis of access and egressand on the effect of said proposed use upon adjacent properties. The applicant has not stated other locations Were considered. The ;staff assumes there will be a need to allow ' potentialbuyers to test-ride motorcycles. This test-ridinq must, in this location be done on public rights-of-way; namely S.W. Pacific Highway and S.W. Warner Avenue. S.W. Pacific Highway, at this location, carries approximately 26,000 vehicles per day through the Hall Blvd. Pacific Highway intersection. The section of Pacific Highway that must be traversed for any test riding (from Hall Blvd. to Pfaffle St. ) has one of the highest accident rates of any segment of Pacific Highway through Tigard. Fifty motor vehicle accidents were recorded along this particular highway segment in 1970 as documented by Tigard's "Traffic Safety Program" a document complied in 1971 for the City by CH2M/Hill traffic consultants The staff feel that an individual, would not be testing a vehicle in a relatively safe environment, but in one of the most dangerous environments in the City. In addition any vehicle testing that does not occur on S.W. Pacific Highway, would be limited to S.W. Warner Ave. S.W. Warner is a dead-end street approximately 430 feet long with a 50 foot right-of-way. Page 2 Staff Report - Harley-Davidson - 1-15-74 Adjacent uses, as stated include a single-family residence, a four-plex multi-familydwelling a dentist office, funeral home and a bank parking lot. The staff feels that vehicle-testing an `S.W. Warner would not be compatible with adjacentuse's because Of potential noise conflicts and traffic conflicts ' with traffic utilizing Warner Ave. to reach adjacent land uses. 6. The applicant has submitted to the staff the attached answers to the 1PFasanoh gui"delines. The applicant has also submitted the attached plot and land use map. 7. The applicant has not ';proven his proposal will not have an adverse affect ;upon adjacent properties. The applicant states in his attached submission "it isnot now apparent that this proposal could have an adverse impact on the community, the applicant will cooperate with any reasonable request to lessen or alleviate such adverse impact. Staff Recommendation Denial of the applicant's request upon the basis of staff findings 5 and 7. i Page 3 - Staff Report Harley-Davidson 1-15-74 Commercial Leasing,Sales,and Property Management =.610 S.W.Broadway Portland,Oregon 97205 223-3171 i k I\TaEh� YLeaJtors r December 21, 1973 City of Tigard Planning Dept. j 12420 S.W. 'Main Street Tigard, Oregon 97223 - Attention: Mr. ' Winslow `Brooks > i Re: Conditional Use Application - Fasano Requirements Dear Mr. Brooks : The following are answers to item #3 as requested in the con- ditional use application for the city of Tigard. A. Purpose of our proposed zoning action is to establish" a retail store for motorcyclesales under the conditional I 'uses allowed in a C-3 zone as per Section 140-2 , City of Tigard zoning ordinance. B. This request is in conformance with Tigard's compre- hensive plan which provides commercial zoning to be confined to major traffic arterials. k C. This conditional use fulfills several specific community needs• , 1. Transportation is important to the economic success of every comunity. 2. Smaller vehicles are replacing the automobile because of reduced operating costs. 3. The present energy shortage demands the replacement of the automobile by smaller vehicles whenever possible. 4. Environmental considerations dictate that smaller motors be used in transportation whenever` possible. 5. Land use is enhanced by lessened off-street parking z,. requirements of smaller vehicles. City of Tigard Planning Dept. December 21, 1973 Page 2 D. This question does not seem to apply to this conditional use where one retail or service function is being're- placed,by another. . All of which is being conducted wholly within the building on subject property. This is not a zone change; application. E. This proposed location is more suitable than other , locations zoned for this conditional use because of the convenience to both Highway 217 and I-5 freeway. This - allows faster and easier ingress and egress of those persons seeking to do business with the applicant. F•- As noted in ;paragraph !'d" above, the proposed use will be a continuation of the, present retail use of this ,relative- ly small building. Since it is substantially buffered on all 'sides ,by neighboring commercial uses , it is antici- pated there will be no effect on adjacent properties or neighborhoods. G. This conditional use should have no impact on public` services effecting this property. This use puts no above normal :demand on public water or sewer services. The property .is served by a 4-lane arterial and tri-met bus service. } H. This conditional use amounts to only a change of retail ` use for the existing building. The building approximately67 ' r g size et j x87 which 'totals 5,829 square feet and ` should have little impact potential on the Tigard community. The applicant, is an experienced motorcycle store operator with 15 years in this business. He is sponsored by the well-known Harley Davidson Company. This will be operat- ed as a suburban branch of the applicant's Portland store. t While it is not now apparent that this proposal could have any adverse impact on the community, the applicant will cooperate with any reasonable request to lessen or allevi- ate such adverse impact. Please advise if I May provide you with any additional information. ery rulY yours, Frederic S. Young / FSy:1h February 18, 1974`' MEMORANDUM To: City Council From: Planning Commission Subject: Recommendation;to Council concerning 2C 1-74 a request by Robert B. Aungier to change existing County zoning from RU-4, Urban Residential District and B-2, Community Retail Commercial District to a City C-3, General Commercial zone. The Planning Commission, at the February 5,' 1974 public hearing, took action recommending` denial of the above describedzonechange. ; Please note the appropriate staff report and meeting minutes are attached for reference. s S ' Zon,. . Cha* nge atki Ave. 444 kTBar G080o00000000000 - 00000 0000000000000000000 ' 000000 000000 0000800 0000o G"( O, 000000000000OpQ000 00000400 0000000000 1 0000 8 �00G , 000= 000008000 0000o p d00o0od0000 000 ��,i� 4� 0008800000'00000 000000000 000000 p G 00 1�0 0 L-0 p� OOOOpp0000 V o°0000000°0000o000odoo°o°o°Opo po 00000 p? 00000000000000000000 G0o000 000 0000 00000000 0000 00000000000 0000 00000000OOOOpp000 00000000000 ul pm m-r �A t� 80888 SUBJECT SITE 0000 (i r S 3 MINUTES TIGARD PLANNING COMMISSION RegularMeeting - February 5, 1974 Twality 'Jr. High School - 'Lecture Room 14650 S.W. 97th Avenue, Tigard,';Oregon x 1.' CALL TO ORDER F ' A. The meeting was called to order at 7:40 P.M. 2. ROLL CALL. j . A. Members Present: ' Barkhurst, Frazier, Hartman,'Mickelson, Nicoli, _ Sakata; Chairman, Whittaker; Planning Director', Brooks; Associate Planner, Bolen. I B. Absent: Commissioner Ball and City Attorney Fred Anderson. j 3. APPROVAL OF MINUTES 9. A. The minutes of the January 15, 1974 Planning Commission meeting were approved as submitted. B. The minutes of the January 22, 1974 Planning Commission planning session were corrected to note that Hartman was absent, and then ; adopted. 4. PUBLIC HEARINGS - Zone Change i' 4.1 Zone Change - ZC 1-74 (Aungier) z F . A request by Robert B. Aungier to change existing County zoning from RU-4, Urban Residential District and B-2, Community Retail Commercial District to a City C-3, General Commercial District. Applicant proposes construction on the site of a baked foods thrift store. The site is located at 13735 S.W. Pacific Highway and comprises .95 acres. (Tax Map 2S1 3DD, Tax Lot 400). A. Staff Findings 1. Brooks presented the staff findings relevant to this request. B. Testimony and Cross Examination Proponents 1. Bob Aungier, the applicant, spoke for the request making the following points of justification, -' a. The existing conditions are compatible with commercial use of this parcel, this parcel .consisting of vacant land, commercial buildings and a residential subdivision screened from the property by fencing and vegetation. I b. The request is in conformance with the Comprehensive Plan which states that development of this property be of an urban character. Mr. Aungier stated that the requestedthrift bake shop, would meet this criteria. c. The development of a bake thrift shop would meet a community need for this type of facility because none now exist in the Tigard area. d. Changes 'in conditions have occured since this property was originally zoned because the highway has been improved and there have been additional developments along Pacific Highway. i e. This property is more suitable than other parcels which have been surveyed by the Continental Baking Company, because it is on an arterial street providing access between shopping centers. f. The effect of the proposed use upon adjacent properties will, be minimal because it ;is separated from the existing single family development by vacant parcels and vegetation buffers. g. Water is available to the site and a septic tank permit is available. h. There are no proposed methods for lessening adverse impacts upon surrounding development because none will occur. ' Cross Examination 1. Sakata' asked if his statement was correct that unloading would take place at the rear of the building from 3:00 to 5:00 O'Clock A.M. from a diesel semi-type truck. 2. Mr. Aungier replied that one truck would off-load sometime between 3:00 and 5:00 A.M. and the route trucks, which will be parked inside the building, will leave after being loaded. 3. Barkhurst asked the depth of the existing C-2 zoning. 4. Aungier replied 150 feet. 5. Whittaker asked how big the delivery trucks would be. 6. Aungier stated that they would be 17 foot long vans. 7. Hartman questioned the applicant's finding that a store of this type must be located on an arteria?. type route. He stated that the only two stores he had knowledge of, the Orowheat store in Beaverton and the Franz Bakery store in Portland, were not located on arterials and were quite successful. 8. Mr. Aungier replied that the store location criteria came from Continental Baking Company and this was their experience on a national basis. 9. Frazier asked how many trucks would be making deliveries from this site. PAGE 2 PC MINUTES - FEBRUARY 5, 1974 10. Aungier said 8 to 10 trucks would -be operating from this location. 11. Whittaker asked if there is 'a building proposed for this site by Continental Baking. 12. Aungier showed the drawing of the 'proposed facility which was a one story metaltypebuilding. Opponents A. Bill Morgan, 10725 S.W. Fairhaven Way, spoke in opposition to the request for the following reasons. 1. Approval of the zone change would result in the encroachment of the business into an established residential area. 2. The proposed use is in reality a warehousing operation with the exception of the retail outlet in the front. This warehousing operation being ;incompatible"with "both the existing commercial zoning and the existing residential development intherear. 3. That a diesel truck servicing the site from 3:00 to 5:00 A.M. would certainly be objectional to the residents on Fairhaven Way. 4. The use of a septic tank represents a possible health hazard due to the high water table problem in' this;area which is evidenced by other septic tank failures on Fairhaven Way in the,past. Cross Examination 1. Mickelson asked Mr. Morgan if his house was on a septic tank. 2. Mr. Morgan replied that he was. 3. - Mickelson then asked if his septic tank had failed. 4. Mr. Morgan replied that his hadn't, but that others on his street had. C. Staff Recommendation 1. ldink Brooks presented the staff recommendation for denial for the requested zone change. D. Commission Discussion,-and Action R 1. Hartman made a motion for denial of the request based upon the staff findings. Sakata seconded the motion. 2. Barkhurst stated his opposition to the request due to the industrial nature of the proposed use. 3. Hartman stated his agreement with Barkhurst that the proposal is not appropriate for this site, but did state that the rear portion of the lot should be zoned for a General Commercial use. PAGE 3 - PC MINUTES- FEBRUARY 5, 1974 4. Chairman Whittaker stated his agreement with the motion but'also ' offered his concern for the rear portion of the lot which is now zoned RU-4 and is in fact land locked. He thenencouraged the owners to work with the property owner to the north of the development to accomplish some means of access in order to develop this property as currently zoned. 5. The motion was passed by unanimous vote of members present. 5. PUBLIC HEARING - Planned Development District: Extension of Construction' Time Period. 5.1 Planned Development District - Time Extension: zone change 9-31-71 (Wallace Johnson) A request by Wallace E. Johnson to extend: the construction'time period for a Planned Development District comprising 1.23 acres at the southwest corner of the intersection of S.W. Tigard Street and S.W. Grant Avenue. (Tax Map 2S1 2BA, Tax Lot 800). A. Staff Findings 1. Brooks informed the Planning Commission that the ,applicant, Wallace Johnson,, has withdrawn his request for extension of the construction time period. - B. Commission Discussion and Action 1. Mickelson moved that; the staff recommendation for withdrawal of the Planned Development District be 'accepted. Hartman seconded and the motion passed by unanimous vote of the members present. 6. PUBLIC HEARING - Conditional Use 6.1 Conditional Use -- CU 2-74 (Randall Construction) A request by Randall Construction Company, Inc. to allow a warehouse use in an M-4, Industrial Park zone. Subject property comprises 5.56 acres •south of S.W. Burnham Street, approximately 500 feet east of S.W. Ash Avenue. (Tax Map 2S1 2AD, Tax Lots 2200 and 2300). A. Staff Findings 1. Brooks presented the staff findings pertaining to this request. B. Testimony and Cross Examination Proponents 1. John Johnson, from Randall Construction Company, spoke for the request, providing the following information: a. That the proposed warehouse facility would require a minimum of public services, to include police protection as the facility will have a security guard living on the premises. PAGE 4 - PC MINUTES - FEBRUARY 5, 1974 f. TIGARD PLANNING COMMISSION Staff Report February 5, 1974 Agenda Item 4.1 ZC 1-74 (Aungier) Zone Change E For property located at 13735`S.W. Pacific Hiebway (Tax Map 2SI 3DD, Tax Lot 400). Applicant _ Robert B. Aungier Applicant's Request Approval of a change of zone classification from existing County RU-4, Urban Residential District a-Lid County B-2, Ccurcunwty Retail Commercial District to a Tigard C-3y General CoaLercial Zone. Applicant's Proposal 1 To construct a baked foods thrift store and bak.i-g route distribution point on the subject site. Staff Findines 1. See attached rap for existing laced use and zoning patterns. 2. See attached applicant's submission as related to the Fasano guidelines. i 3. The site currently contains one single wally dwelling wi th an adjacent greenhouse. i _. 4. The site was recently annexed to the City of Tigard and retains Washington I County zoning designations RU-4, Urban Residential and B-2, Corr-unity Retail Commercial District. 5. The Tigard Community Plan designates the subject site as Residential Commercial, said Plan stating this category "is intended to accomodate higher-density dwelling structures, including high rise apartments, conbimed with a range of compatible office and business uses." The plan text continues stating "an agreeable attangement of 'mixed land use' in these areas can best be achieved if large tracts are developed as 'planned units'." 'rhe Tigard Community Plan defines the Objectives, Policies and Standards of the Residential Commercial land use category as follows: Objectives 1. To accommodate a compatible mixture of high-rise apartments, garden apartments, retail shops, and offices. Page 1 Staff Report 2-5-74 2. To c in ,elected parts of the Tig=_rd a'_ca a pattern of development that is characterized by higher-i.nte.nsity a er normally a.sociat•ed with a central city. \ Policies and Standards 1. Residential-commercial development shall have. direct access to the major street system, the availability of adequate public Liti.li.ties, and will be situated-in locations that are suitable for high-i,nt.er_sity ".;Fes. 2. High-rise apartments are encouraged in these areas as well as,ccmpatible office uses firer, headquarters,,insurance, .finance, and professional - staurants recreational uses - hotels, motels, y and theaters - and commercial and service uses that relate to higher density reFidential development. The overall density of r<sida^retial deve'_cp.<ent will be 13 dwelling units per gross acre. Ba-.ed on detailed da,zgn studies, densities between 30' and -740 dwelling -it,, will be permittedinsuitable areas. U it these de gn ��tadie� are e + -ple d, each r sed 'ial the av a., e nsity of 13 3w-_11_.._L units d eve lcpmerF t wi:'_1 be l iM._t,�d to r h per grcFs acre. 3. ZOnirg TE -`lc^tic._ t}tP�c areas will assure a ccmp3-?bl e t. t10 with adjacent nt land *.ct c Each developmEri: will ac.c..=,;'idate its c++--q parking 4. Use of "`p1y.. ed za Lir' dF=vElvpmerit" techniques is C.,e uraged in rder to better relate residential and ccmmarc.ial uses and to permit flexibility in d.esi.gn to enable a higher quality cf devulopc^e*it. Adjacent p-cpe-ty f` owners will be er_couraged to cooperate in the a ernbly �f land for deveioFntent as a °9pl:a�e�ned ursit°' 5. Devc1opm:ent will coi. d with Ghr � s� ,n of. public S meets, watt-r and F sewera.gF facilities. These facilities sl-all be (a.) cap_' -Ie of -adequately serving all intervening prrperti.es as well as the proposed development, and (h) &_siKaed to n:P_et city c,x county standards. 6. Establish high design standards for signing and appearance, including the landscaping or setback areas and the designation of access points. Staff finding 5. continued. Policy and Standard #2 states that dc.velopnent. should be high density residential or office oriented with any co_renercial use to be related to the proposed high-density residential use. Approval of a zone change to C-3, General Commercial would allow the incursion of commercial uses into an existing single family residential neighborhood. Policy and Standard #3 of the Tigard Community Plan states "zoning regulations in these areas will assure compatible transition with adjacent lard uses." The direct interface of General C=ercie.l and Single Family Residential uGes is Tc,L a cc^,patible tra.raFiti r_ of. use. Plan Policy and Standard #4 and #6 enec_ rage the use of planned unit development techniques, high design standards and most importantly, the "Assembly of Land" for development as a "plc. ned unit'% The applicant has not aggregated parcels to achieve the above stated goals. Page 2 Staff Report - 2-5-74 F Policy & Standard #5 states development in re,,-idential eoranercia_= areas will coincide with the provision of public 'stxrets, water and sewerage facilities. Public streets and water are available to the site, he-Wever, public sewerage facilities do not abutt the ; qtr and it is not cuxrEnrly practicle to extend existing limes. P,-A cy,and S,'wandard'Cpl als': riezti.cns the availability of p .blic utilities as a prerequisite to development. on the basis of 'conflicts with Policy & Standards ruF._bers 1, 2, 3, 4, & 5, the staff finds the applicant's request does not conf>rm tc t:hs Ti 'ard C6,rI12nl ty—Plan- There lan. Thera are no similar stores within the i uaiediate Tigard area. The staff feels there is a need to provide ,Tigard consumers with the broadest 'range;of retail shopping choices ccnsister_t withthe "Tigard`Coninuni ty Plan. Consequently the staff interprets the pr�Fpsed use as fulfilling a community need. 6: The applicant has not provided evidence that other .itFs, zF:)nsd to allow the; proposed List,, have been considered as alternates t.o' the proposed site. The applicant contends that national experience has shown that the proposed use should be located on "high traffic arterials, preferably on routes to or from a shopping center". Orowheat;Breads currently operates a successful baked food "thrift store in the Beaverton area. This store is proxim:itous to retail and grocery shopping but is located well off major arterials in an industrial park. 7. The movement of, delivery trucks on and off S.W. Pacific Highway sh,.Lld be considered related to the appropriateness ofthelocation of the s site for the proposed'use. 8. The maneuvering and parking of delivery and supply trucks adjacent a single family neighborhood or the location of a co.rnerrial structure adjacent a single family reighberhood, will have an adverse esthetic and economic impact on these r::Widential properties. The applicant stat-c& the proposed use will have no adverse affect on the cc•^rmurity. The applicant has not provided evide.r%ce his proposal will h,alre no adverse affect upon the adjacent co-munity. 9. The C-3, General Commercial zone allows uses other than the use proposed by the applicant. Thus, there is no guarantee that other uses, less compatible with a single family residential neighborhood, might not be constructed. Staff Recummenda_tion Based upon staff findings,4, 6 & 8 denial of the applicants request. y i i ! Page 3 Staff Report 2-5-74 r i t 4 JAN1�, January 14, 1974 1914 Off Subject:_ Fasano Requirements C' To: Planning Commission and Staff, City of Tigard 1., The following information is presented to tion .to Baking Company Applica- permitconstruction of Continental Baking Company Thrift Store at 13735 S. W . Pacific Highway, (Tax Lot 400, 23 1 3 'dd) a. Specific purpose of proposed zoning action: - To construct a bakery thrift store and bakingroute distri- bution point. The thrift store provides a retail outlet for bakery products both fresh as well as products 'returned rfrom 'truck routes. The concept of the operation has been in use by the major bakeries for approximately 12 years, Continental Bakery has some 1000 such stores nationally. Product is trucked to thrift store and' off ,loaded during the early morning hours; normally between 2 and 4 AM. Route trucks load from the store and depart on their respective routes by 0700 AM, Trucks return from daily routes between ;2:00 and 4:00 pm, (They must be off the street by 4:00 pm) Product returned by the route trucks is then offered forsale through the thrift store, b. Is the requested zoning in conformance with Tigard's Compre- hensive Plan? The Tigard Community Land Use Plan indicates a Residential- Commercial category for the area on either side of 99W between Bull Mt. Rd, at the South and West to approximately SW Walnut on the North and East. These areas are intended to have an urban quality similar to the down town Portland Urban Renewal Area with high-rise, low-rise apts., office bldgs, together with related shops, restaurants and service establishments. In this contex it is believed that the Thrift Store would be in conformance Commercial Land Use category. with the objectives, policies and standards of the Residential- ( -2 C. Does your proposed zone change fulfill a community need for the proposeduse? The Thrift Store concept has been a success nationally and it is felt that it will provide the city with a viable '' new service which does not presently exist. The proposed facility will be visually attractive, ecologically compatible and will present job opportunities to the local labor market. d. Have there been changes in conditions, i. e. street capacity, availability of sewer and land use that would justify a change in;zone? water service,, Highway 99 was improved last year to,provide four traffic lanes plus a left turn lane; additional traffic control lights have been recently installed. Each of the foregoing improvements have greatly facilitated traffic flow on this arterial. e. Why is proposed location more suitable than other locations in city zoned to allow proposed use? Experience has demonstrated nationally that these stores should be on high traffic arterials, , preferably on routes to or from a shopping center to he successful. ; meets these requirements. Subject site f. What effect willropose MM neighborhoods? p d zone change have on adjacent Proposed site is bounded on the southeast by an equipment rental facility, and on the northeast by a service station. The rear of the property abuts the rear of residential ;ro southwest Fairhaven way. The lot depth of homes facingpetty' i•e. Fairhaven Way at the point of .contact with sub ect 150 feet and is screened b j property is over in height Y evergreen trees approximately 10 ft. 9. What types of public services are necessitated by Proposed zone change and what these public .services? impact will project have on Public water is available. Initially, underground disposal of sewage is contemplated. Site was approved for septic tnak and drain field by Washington County in 1972. Connection to USA and/or Tigard Sewer System is contemplated as soon as available 3 t t I � h. If proposed use has an adverse impact on the community, what methods do you propose to lessen or alleviate this adverse impact? It is felt that the improvement will have no adverse impact f on the community. 5;iii 9 I } i t t