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City Council Packet - 01/19/1981 AGENDA TIGARD CITY COUNCIL STUDY SESSION - JANUARY 19 , 1981 FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 1 . ROLL CALL 2 . PROPOSED AMENDMENT TO TAXI FRANCHISE - City Administrator 3 . LCDC/MSD DISCUSSION REGARDING GOAL #10 - Planning Director 4. LERON HEIGHTS SEWER CONTRACT DISCUSSION - Request of Mayor 5 . MLP DISCUSSION J.A. PATERSON APPEAL REQUEST - Planning Director 6 . KITTLESON BROWN ZCPD 13-80/CLYDE JACOBSEN ZCPD 25-79 DISCUSSION- Planning Director 7 . ORDINANCE WASHINGTON COUNTY FIRE DISTRICT #1 - City Administrator 8 . HAMPTON STREET LID - Engineer ' s Report 9 . COMPREHENSIVE STREET PLAN - Draft Report 10. 72ND AVENUE STREET LID - Director of Public Works 11 . ANNEXATION MEETING FORMAT - City Administrator 12 . OTHER 13. EXECUTIVE SESSION: The Tigard City Council will recess into Executive Session under the provisions of ORS 192 .660 (2) (a) to discuss TMEA/OSSA mediation. 12 . ADJOURNMENT NO T I G A R D C I T Y C O U N C I L STUDY SESSION MINUTES - JANUARY 19 , 1981 - 7 : 30 P.M. 1 . ROLL CALL: Present : Mayor Wilbur A. Bishop, Councilmen Tom Brian, John Cook, Kenneth Scheckla (arrived 7 :38 pm) Councilwoman Nancie Stimler; Legal Counsel , Joe Bailey; City Administrator, Raeldon R. Barker; Director of Public Works , Frank A. Currie; Finance Director/City Recorder, Doris Hartig; Planning Director, Aldie Howard ; Clerk Typist II , Lowana Murray. 2 . PROPOSED AMENDMENT TO TAXI FRANCHISE (a) City Administrator explained that Radio Cab was requesting a license to serve the citizens of Tigard and be able to standby within the city limits . He then pointed out that our current cab franchise ordinance allows a cab for every five thousand population and Broadway Cab is currently filling that franchise. Councilman Scheckla arrived 7 :38 pm) (b) After much discussion by Council it was decided to have legal counsel look into amending the ordinance to open up the cab business to everyone interested and not have a franchise . (c) Legal Counsel will review other cities and prepare some information for the March meeting with a goal of July ist for a new ordinance. 3 . LCDC/MSD DISCUSSION REGARDING GOAL #10 (a) Planning Director discussed at great length Goal #10 which is to provide for the housing needs of citizens of the state . He gave the housing unit summary for November, 1979 and explained we were very close to meeting the goal of 50/50 housing ratio at this time. He also gave a summary of buildable lands outside city .limits , inside urban growth boundary, as of January 1981 which would require the 10 units per acre, or annexed at a higher density rate than the NPO plans call for, in order to meet the LCDC plans . Then the Planning Director introduced LCDC/MSD representatives . (b) Linda MacPherson and Greg Winterowd from LCDC and Sue Klobertarz and Jim Sitzman from MSD gave reasonings behind Goal #10, afforable housing for the future residents of Tigard, and the object of each city taking its fair share of low housing residents . (c) Discussion open to the public for their input ; the follow- spoke : Betty Golden, 15850 SW Oak Meadow Lane , Tigard, Oregon Eleanor Quimby (NPO #3) 11489 SW Fonner Dr . , Tigard , Oregon John Butler, NPO #1) , 9760 SW O 'Mara , Tigard, Oregon Kevin Hennway, Home Builders Association Don Miner, Mfg Housing dealers John Smets , (NPO #5) , 6830 SW Bonita Road , Tigard , Oregon Charles E. Bowerman, 15505 SW Summerfield Lane , Tigard, Ore . Clifford Speaker, Planning Commission member, 9590 SW Brentwood Place , Tigard, Oregon . (d) Council thanked LCDC/MSD representives for their time . 4. LERON HEIGHTS SEWER CONTRACT DISCUSSION (a) Mayor Bishop presented a request from the Summer Hills Park Homeowners Association asking for a Public Hearing for con- sideration of the Leron Heights Interceptor Service Charge . (b) Nancy Robbins , representing the Summer Hills Park Home- owners Association, stated their concerns regarding the City' s responsibility in collecting the interceptor service charge . (c) Mr. J . Allan Paterson, 11605 SW Manzanita , answered questions and stated they are agreeable to collecting the funds if the City does not want to continue collection. He stated that there are three ways to break the contract ; City buy out at 34%; USA to by-pass the line and pick up the easements ; keep going until the contract has run its course . (d) After much discussion by Council , a friendly court case was recommended with City collecting and holding the funds until after case is settled. (e) Motion made by Councilwoman Stimler to have Legal Counsel proceed with a legal interpretation of the contract , Council- man Scheckla seconded the motion. Motion passed with 3-2 vote . Councilmen Cook and Brian voting nay. 5 . MLP DISCUSSION J.A. PATERSON APPEAL REQUEST (a) Planning Director explained that due to Council ' s policy requiring half-street improvements be made for Minor Land Partitions it was creating a hardship on the small projects . (b) J. Allan Paterson, 11605 SW Manzanita , said the property has been sold to a single owner so the problem no longer exists for this piece of land but that he went ahead with the appeal for future instances that will arise, especially in older neighborhoods . PAGE 2 - STUDY SESSION COUNCIL MINUTES - JANUARY 19 , 1981 (c) Councilman Brian asked that the Public Works Department and the Planning Department re-write the minor land ordinance with more flexibility and yet some strong guide lines to go by. 6 . KITTLESON BROWN ZCPD 13-80ICLYDE JACOBSEN ZCPD 25-79 (a) Leave tabled. 7 . ORDINANCE WASHINGTON COUNTY FIRE DISTRICT #1 (a) Tabled until January 26 , 1981 . 8 . HAMPTON STREET LID (a) Keith Thompson, Cooper & Associates , Inc . , 11675 SW 66th Ave . Portland, Oregon 97223 , consultant for SW Hampton Street LID, presented the Engineer ' s preliminary report . Mr . Thompson explained the difference between plan A and plan B . Plan A is the least expensive ; Plan B, with islands has been discussed with the property owners and is the one perferred by City Staff. Assessment roll has been prepared for Plan B with the City ' s share being $53 ,460 . (b) This item will be brought back to council in a form of a resolution on the January 26th meeting. 9 . COMPREHENSIVE STREET PLAN (a) Public Works Director distributed a rough draft of Compre- hensive Street Development and Maintenance Program. The report evaluates the present conditions in existence which a maintenance program can be initiated. Also outlined is the schedule of streets to be repaired in the future ( in a priority list) including where the funds will come from to pay for the projects . Council was asked to study the comprehensive program at this time . 10 . 72ND AVENUE STREET LID (a) Councilman Cook asked for more information on non-remonstrance agreements and the procedures that will take place with this LID. Public Works Director explained . (b) Public Works Director stated that a meeting has been set for February 3rd, Phil Lewis School , for the property owners on 72nd to come for questions and answers regard- ing this LID. (c) Tony Maksym, 13565 SW 72nd, Tigard, Oregon, requested that non-remonstrance agreements be accepted for two weeks after the Public Hearing . PAGE 3 - STUDY SESSION COUNCIL MINUTES - January 19 , 1981 RECESS 11 :50 P.M. RECONVENED 11 : 55 P.M. Council went into executive session under the provisions of ORS 192 .660 (2) (a) to discuss TMEAJOSEA mediation. Negotiator Darrell Smith stated a tentative settlement had been reached today and gave a summary of items under consideration, costing out of the agreement will be finalized within the next few days . Council will consider ratification of the agreement at their next meeting. Meeting recessed 12 : 20 A.M. Reconvened regular Session 11 . ANNEXATION MEETING FORMAT (a) Council and staff discussed procedures in conducting the annexation meeting to be held January 21 , 1981 , at Fowler Junior High School . Council and staff ' s responsibilities for the meeting were agreed on. 12 . OTHER (a) Finance Director requested approval of progress payment #2 Z or Walnut Street Sewer LID in amount of $2 ,688 .84 payable to Warren Brown Contractor. (1) Motion by Councilman Brian, seconded by Councilman Cook to approve payment in amount of $2 ,688 . 84. Approved by unanimous vote of Council . (b) HILLVIEW SEWER LID Director of Public Works explained he had received the necessary easement from new property owner. Additional costs for the project will be three man holes at $150 .00 each as well as additional pipe totaling $750.00 . Due to the delay in starting project, Director of Public Works recommended the time limit for completion be extended . Director of Public Works stated he plans to meet with the property owners and explain the chanes and determine if they wanted to continue with the project . (1) Motion by Councilman Cook, seconded by Councilman Brian ' to approve the increase costs and extend the time limit on the Hillview Sewer project . Approved by unanimous vote of Council . Meeting adjourned 12 :40 A.M. aty Recorder a" ATTEST: PAGE 4 - STUDY SESSION COUNCIL MEETING - JANUARY 19, 1981 InID 1613 227N.W. KEARNEY STREET PORTLAND, OREGON 97209 r- 12 Managers Office 226-7319 January 14, 1981 Mayor & City Council City of Tigard P.O. Box 23397 Tigard, Chan 97223 Fionarable Mayor & Council Members; In regards to Rath.- Cab requesting a License to serve the citizens of Tjgard and be able to std: within the City T•i m i is. We voul.d be happy to purchase the necessary licenses to do so. We Imme a great ntant)er of our cusi..citers residing in your city, as well as relatives, drivers and overs. We feel we carmot give the citizens of your city the pra[nPt ice they could r` y;.-e if we were able to read: t:y=-,n without driving outside your. boundaries to starr3by whi.Ze waiting for them to call us. As l mentioned at your council. meeting January 12, 1981,- tle-e are several reasons vmr citi z�G re;+,� our ec apemy, also T motioned we bought e--d-sting cab meanies in Milwaukie, Gresham, and Beavertm for considerable arr©un".of nmey and we did not deny Broadway's request to cyperate within our franchised areas. We w8lccr=3e c ticn,F..we feel_ it creates better service if one curpany does not have a r.3orropoly. We are also corm-dex ig share a cab ride and arc deeply concerned with the energy crisis. We could save GiderablP its of fuel-by not driving £roan outside your city Umats to service than as will as give them the best service available. Your PrCmPt attention cin this inatter Will be greatly appreciated. Respectfully yours; Floyd E. Olson General. Manager Radio Cab Carpany 5. 08 .040--5 .08.060 a� 1C r� suspension of his driver' s credentials by the state of Oregon for any reason. (Ord. 69-76 S3, 1969) . 5.08.040 Permit--Issuance criteria. The city recorder may issue a business permit for the operation of a taxicab business in the city subject to the following criteria: (1) One unit permit for each population unit of five thousand persons, or portion thereof, as shown by the last official city census as certified by the Center for Population Research and Census of the state of Oregon; (2) A permittee holding one or more unit permits in good standing to operate a taxicab business in the city, whose application for renewal is received on or before June 20th of each year with respect to the next forthcoming fiscal year, shall be entitled to renewal of the permit (s) then in effect and shall have the right of first refusal with respect to any additional unit permits which may become available by reason of increase in the population of the city on the basis of five thousand population per unit or part thereof; (3) All applications from prospective operators of a taxicab business who do not hold a permit in good standing at the time of application, shall be subject to prior ap- proval of the city council; (4) All unit permits to operate a taxicab business in the city shall expire at the close of June 30th of each cal- endar year, subject to renewal as hereinabove stated; (5) Each application must be based upon furnishi,fig', not less than one vehicle suitable for taxicab use for each five thousand persons, or portion thereof, comprehended by the unit permit or permits to be issued to such operator. (Ord. 69-76 54, 1969) . 5.08.050 Permit--Fees. All unit permits to conduct a taxicab business in the city shall be issued, where otherwise auth:sized hercundcr, on an annual basis at the rate of twenty-five dollars per unit of population of five thousand persons, or part thereof. In addition, each permittee shall pay the further sum of five dollars per vehicle for each vehicle to be operated by the permittee under authority of each unit permit. Unit permits shall not be prorated as to any portion of a fiscal year; provided, however, that vehicle permits shall be issued at the rate of fifty percent of the annual fee per vehicle for vehicles placed into service January lst or thereafter for each fiscal year. (Ord. 6`' i6 §5, 1969) . 5.08.060 Permit--Information re L -in; filing. Any person holding a permit to operate a tax:Lc:ab business within the city shall file with the city recorder the following, 49 F January 15, 1981 Mayor Wilbur Bishop 12420 S W Main Tigard, Oregon 97223 Dear Mayor Bishop: This letter is to request that the City Council of Tigard hold a Public Hearing for consideration of the Leron Heights Interceptor Service Charge. We are requesting this hearing based on new information we have received from a recent meeting with Mr. Alan Patterson. Thank you for your consideration. Sincerely, Si 6R HILLS PARK HCWOWNERS ASSOCIATION /�'o n, �- f/ i�- X ly/1/lis✓1t i �� f STAFF R%PORT AGENDA 5.4 TIGARD PLANNING COMMISSION JANUARY 6, 1981 - 7:30pm Fa-JLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Street, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING_ DOC XET: APPEAL OF MINOR LAND PARTITION, MLP 16-80 (J. Allan Paterson) NPO n3 APPLICANT: J. an//�aterson `—' O'vPNER: Kay W_ Livingston 12700 Pacific Highway Bessie E_ Livingston Tigar. , Oregon 97223 10970 Si•: North Dakota leo ,-) 6 Tigard, Oregon 97223 REQUEST: Applicant is requesting waiver of half street improvements at this time until such time a Local Improvement District (LID) may be formed by the residents. SITE LOCATION: 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600) STAFF COMMENTS CST APPEAL: Reference MLP 16-80 for Minor Land Partition. . l S Please read attached Staff Report (YffI P 16-80) . Under Staff Recommendation section, note Condition Number one. The Public Works Director and Planning Director have agreed that half street improvements to SW Cook (iia front of the site) and a nonremonstrance agreement for 107th Street will be adequate in place of half street improvements to both streets. On November-10, 1980, Mr. J.. Allan Paterson appeared before City Council to appeal the half strut improvement requirements. (See attached Minutes_) City legal council requested that Mr. Paterson request an appeal before the Planning Commission. it is the policy of the Tigard City Council to require full half street improvements on the ground at the time of development. Since no improvements will be made to the 10,000 square foot lot in question, the Planning Director and Public Works Director have agreed to waive improvements to SW 107th at this time. City Council has indicated that this is reasonable. Full he.lf street improvements will still be required to SW Cook Lane• in the front of the site. A nonremonstrance agreement shall be signed for SW 107th Street in front of the 10,000 square foot lot. Further, a nonremonstrance agreement shall be signed by the present owner of the remaining portion of tax lot 5600 for the future improvement of SW 107th and SW Cook Lane. } Section 17.09.020 Improvements-Streets states: "Existing streets which abut the subdivision may be graded, widened and improved, reconstructed, surfaced, or repaired as determined by the Planning Commission on the advice of the City Engineer." 4 t STAFF REPORT AGENDA S A/MLP 16-80 Appeal TIGARD PLANNING COW41SSION January 6, 1981 Page 2 Staff has compromised by waiving the full half street improvements to SW 107th Street. Staff reconmends that full half street improvements to SW Cook Lane be required_ Prepared by Elizabeth Newton Appro y Special Assistant To The Planning Director ping Director STAFF REPORT -_ FINAL ACTION TIGARD PLA.YNING DIRECTOR November 6, 1980 CITYOF 4 q WASH,NGTON COUNTY.OREGON DOCKET: MINOR LAND PARTITION, MLP 16-80 APPLICANT: J. Allan Pateasan OAR: Ray W. Livingstczx 22700 SW Pacific Ewy. Bessie E- Livingston, Tigard, Oregon 97223 10970 SW North Lakota Tigard, Oregr= 97223: APPLYCATICN DATE= October 21, 2980 REQUEST: To partiticin a one (1) acre parcel into two (2) lots, 10,000 and 33,571 square feet respectively. SITE LOCATION: . 13430 SW 107tH Avenue (Wash. Co. Tax Map 251. 3s7A, Tax Lot 5600) SITE DESIGNATION: Zoning R-10, Comprehensive Plan R-10 (Ref. Ord- 76-24) . FINDINGS OF FACT: 1- Applicant prognoses to partition two (2) lots, leading the existing house cn the northeast 10,000 square foot lot and leaving the remaining 33,571 square Peet undeveloped' at this time. 2. Creak Lane and 107th Avenue are local streets xequiring fifty (50) feet right--of-way. Currently, they are not improved to half-street standards in front of the site 3. SW 107th Avenue is uuimp,roved gravel. An easement for the continuation of 107th Avenue runs down the west side of the site for 135' feet' approximately- Tne 'applicant shall dedicate a 25 foot strip to continue 307th Avenue down the west property line.' 4. Wates ser acs is available to the site. Sewer_ service (for future development of the larger parcel) would-most likely come from park Street or Grant St=il S. City Council policy requires that half-street improvements be made for Minor Land Partitions at the time of the partition. CONCLUSIONARY FINEMNGS: 1. The proposed partition and use are in conformance with the Comprehensive Plan. The lot created for the existing house is 10,000 squaw feet, ' which mets the R-10 requirement. 2. Adequate sewer and water service can be made available to the site_ 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 FINAL ACTION STAFF REPGU _ ' •• TIGARD PLANNING DIRECTO: November 6, 1980 MLP 16-80 Page 2 STAFF RECOMIENDATION: Staff recommends approval of this partition subject to the following conditions: 1. The applicant shalt dedicate the remaining right-of-way on the western property edge to continue 107th Avenue_ Full half-street improvements shall be made to SW'.107th'.Avenue. and S:-T. Cook ,Lane',fox.the _10,0Q0 foot lot- frontage-at this -.time•.- -Hall •half-'street::_improvements-sna1ir be- regUred'-on.SW 107th Avenue and Cook bane in front of the remaining property at the time of developimnt. 2. No occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the' appropriate departmnt. S. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 4. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer In accordance with City standards, and shall be submittedto the Public Works Department for review'. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily, constructed'prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or C2) bonded to the City for 100% of the estimated. cost thereof prior to the recording of any minor land partition or public dedication. - S. A metes and bounds legal desciciption and map shall accompany a dedication of public rights-of-way, and shall be prepared by a registered engineer or land surveyorer. 6. All streets and parking areas shall be_ concrete- or asphalt_ All sidewalks shall be concrete. 7. Half-street improvements shall be constructed to the approval of the Public Works Department prior to the issuance of a Building Permit. A bond shall be posted by the property owner with the City of Tigard for 150% of the cost of the half-street improvement prior to recording the land partition with Washington County. 8. A nonremonstrance ag_eeement shall be signed against the formation of a sever LID to serve the' properties on Cook Lane. r P3 ep ' -d' by E13.a Ne an Approved by Aldie Howard Inters Planner Planning Director 71 FIN"L ACTION STAF. POE - TZGARD PLANM:CNG _12TCTOR November 6, 1530 MLP 16-80 Page .3 NOTE: This acknowledgement must be signed and returned to the City Of Tigard, Planning Depante Failure will result in no further acticn to retuzn this acknowledgement on this project with regards to issuance Of Buil-ding Pezmi'ts or. engi nee=i ng approval Signature (applicant) Date Si�ature (owner) Date - It Your Minor Land Partition has, been approved andou hzye si returned the acknowledgement agx�Sing to sat�i.sg the Sued and UPOn �s acticn, You should now have y �v -tions placed' Your Parti-kiars zecorded'by the 67ashingtOn County Department of Assessment and n_ You should Taxatio take copies of your Partition 3.t Map and our Staff' Reporto the County until is f to facilitate r Your Mnotecorddd_recording_ nor Land Partition is noofficial Nee '� T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - NOVEMBER 10, -. 1980^-^7:30 P.M. 1. ROLL CALL: Present: President of Council, John Cook; Councilmen Tom Brian,,.* Kenneth Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert .Adams ; Legal Counsel,, .Toe Bailey= City Administrator, Raeldon R. Barker; Director of Public Works , frank Currie; Finance Director/City Recorder, Doris Hartig; Administrative Secretary, Loreen Wilson. 2.. CALL TO •AUDIENCE. FOR THOSE DESIRING TO SPEAK ON NON AGENDA ITE.14 Ca) :Rr. Allan. Paterson, 11605 SW Manzanita, stated Chat hewished_: •' -� to appeal. a minor land partition_ on behalf of Mr_ Dave Nzcol.i. and Mr. Livingston.. Legal Counsel requested that Mr. Paterson contact- City Hall to file his objections a�iid request an eppeal hearing before the Planni;�g commission. (b) C.W. Stuller, 12215 SW Summer Street Sr Nancy Robbins, 12226 Sy; Summer Street questioned the- bill which they received from I/Ir. Allan Paterson for $150.00 for sewer connection to the Leron- Heights Interceptor. They requested that the City Administra— tor met with them and Mr. Paterson to go -over the books. Council requested staff assist Summerhills citizens to see r documentation they requested. APPROVAL OF MINUTES: OCTOBER 27, 1980_ Ca) -Notion by Councilman Brian, seconded by Councilwomar- Stimler to approve. _ Approved by unanimous vote of Council present- 4. resent_4. APPROVAL OF EXPENDITURES AND IN'VESTIIENTS: ._2191 ,84?.46 p - -(a) Motion by. Councilman Brian,. seconded by Coulzcilwomau Stimler, to approve. Approved by unanimous vote of Council present. - S. RESOLUTION NO. 80-97 A RESOLUTIOY OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC STREET DIPROVEMENTS - KNOWN AS SW KATHERINE STREET EXTENSION, _ GENERALLY LOCATED WEST OF SW 121ST AVENUE, SUBJECT 'TO HEREIN SPECIFIED CONDITIONS. Ca) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt.' Approved by unanimous vote of Council present. - s f QLi}ivtvI NG Cc Ci M t5A 'ei BEFORE THE OF TIGARD, OREGON ..JTICE OF APPEAL kite No. MLP 16-80 1. . Name: APPLICANT & OWNER: Kay W. Livingston 2. Address - 10970 S.W. North Dakota, Tigard, Oregon 97223 (Street/P.O. Box - ity State) (ZI-p Code) 3. - Telephone No. : (503) 639-1374 4. If serving as a representative of other persons, list their names and addresses : Planning Commission. S. ..-Wha t' is • the decision you war.t the t/a/t/,y+XXA0yt/iJ1 to review? (Examples: denial''of zone change; approval of variance. ) Minor land partition reviewed by the Planning Director. Waiver of half street improvements at this time in this older, established neighborhood until such time as a LID may be formed by the residents. 6. The decision being appealed was announced by the Planning JC6z"AAA4Jj on November 6 1980 Director Date 7. On what grounds do you claim status as a party? (See Section 18. 92.020 Tigard Municipal Code. ) A221 .cant and owner trying to sell property, or part thereof, to Dave Nicoll, party presently occupying older home on parcel. 8. Grounds for reversal of decision. (Use additional sheets if necessary. ) Your response should deal with the following: (a) Explain how your interest is damaged. (b) Identify any incorrect facts mistakenly relied on in the decision or recommendation from which you appeal . (c) Identify any part of the zoning code or other law which you claim has been violated by the decision or recommendation from which you appeal. (d) Describe what 'decision you are asking the City Council to make. City Council has apparently set the policy that with any minor land _partition that full improvements must be made if not already in and adjoining the property. The applicant and owner wishes to defer these in this particular case until t2-g r3eighbors help form a LID. - r r At _ the City Council meeting of November. 100, the Council said that the whole requirement should be reviewed through the Planning Commission for further stud�r and this apneal 'is to -tt hsic3ate that process. " 9. Est-' ate th amount of time you will need to present your arpment to the- �,�'r ss.�, '{The Council will schedule more than 15 minutes per side only in extraordinary circumstances. Each side will be given the same length of time for its presentation. ) 15 minutes should be adequate with Kay Livingston, the owner, and Dave Nicoll, the occupant and potential buyer of partitioned land Signed iaaach making equal time appeals for hearing by the Plannin Commission. Date: November 12s -1950 - i - - Signe ' . . . . . . a W. L-L angston .,(��.c.0• 1: 1,Cvxv ,¢� .,',Jj.. �..(��+xJ� .u-• n=1�z TT ITT7r 7T 7T T1'7r 717J'7f71':7'7f7D` 7T 7:7t 7r7PT:d'T71"d-7T71' 7TiYv.r#7f7f T 7T7T7J'77' TT 7T T717f7fTT' TTT7�3'Tr7fA'TTIr T7T FOR USE BY CITY -Dzte 'and -time- of filing: _- s• J _. ___- .... ,-_ _.. Date"'Qf Panning Commission decision: Date set for Council consideration: Time allowed for arguments : per side Entered -by: r Amount paid:--`— .:r. _c, - - -"- Receip't • _..V._ ice. __...a �_ •.J_. J •..I•.. �J+�V _ �i J .. __..I ��... V..1. �w+._:r _- _� _ ..t._r t.. — z .I:-. s.— - JL.I�.. .. J L1. Jli •... }l' _ tx.� �.J. 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There followed a rather general discussion between Walkiewicz and some of the protesters. Helmer inquired whether arWone would live in the house. The answer is no, partly because of complica- tions with state agencies. Walkiewicz stated there would be about a years lead time before the center could be in operation. COMMISSION DISCUSSION AND ACTION: Helmer opined the request Is no comps le withis n ae g lU rgood. Funk had numerous concerns, many of which had been expressed. Herron shared the concerns of the other commissioners and questioned the adequacy of play space and the noise which would be generated. Speaker raised the question of where, in the light of undoubtedly increasing need for day care centers, they coula be sited in Tigard without this neighborhood opposition. It was felt residential areas were generally unsuitable. A suggestion from the audience was to use church facilities because of room, facilities and parking available. Funk MOVED denial of Conditional Use CU 23-80 based on data revealed ink e public hearing. Kolleas seconded the motion, which carried unanimously. V 5.4 APPEAL OF MINOR LAND PARTITION, MLP 16.-80 (J. AJJ,-N PATERSON) NPO #3 J: Allan Paterson is requesting waiver of half street improvements at this time until such a time a local Im- provement District (LID) may be formed by the residents located at 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600). Howard read the STAFF REPORT, consisting chiefly of Staff Comments on Appeal (o$__fF.e mEInor`land partition). He illustrated at the blackboard the site, what is desired by way of the minor land partition, the ownership and present status of 107th, and the result on the ground of a full application of city policy in the way of half street improvements in this instance. He pointed out in this case, since no funds would be generated from development accompanying the MLP, there are really no funds coming in with which to finance the half street improvements by the owner. Howard explained the compromise worked out calLing for half street improvements only on SW Cook Lane, with nonremonstrance agreements to be secured on the whole parcel. MINUTES T IGARD PI A14NING C OIC4ISS I ON January 6, 1981 Page 5 Howard explained the applicant is appealing the condition in the MLP at the suggestion of the City Counsel, because the improve- ments mandated by city policy are so costly no development will take place at this time. The idea is to have the commission take public testimony and then deny the appeal so it can be taken to the city council for resolution, since the issue revolves around the application of a policy established by the council. Only the council Is in a position to mitigate the effects of the policy in instances such as this where following policy would impose a severe hardship. There ensued discussion among commissioners and staff about how best to get this directly to the city council for resolution, without appeal fee to the applicant. Funk felt the broader issue of half street improvements should be settled by the council, and Helmer attempted to move to that effect. The president called attention to the fact that this was a public hearing, and called for the APPLICANT'S PRESENTATION, made by Allan Paterson, 12700 SSS Paci=c HIg 577, a rea_ estate agent in this case. Paterson stated he preferred the case go directly to council, but felt also the council wished some input from the planning com- mission. He stated also that this area, only one block from Pacific Highway is zoned R-10, but will not long remain at this density. i Kay Livingston, 10790 SW N. Dakota, owner of the property, and Dave Nicoli, resident and propspective purchaser of the prop- erty at 13430 SW 107th, brought up the futility in this developing ! area of installing isolated sections of improvements which would have to be worked over when fuller development takes place. COMMISSION DISCUSSION AND ACTION: Howard discussed at some lengt-h—The pro-lem o str°eeT—improvements in Tigard. He felt the i issue -Is- beyond requiring half street improvement on minor land partitions, and requires a more definitive look and ultimately a decision by the city council. He recognized the problem is a hard one requiring an unpopular political decision on their part. There was general discussion on the need for a more flexible policy with regard to half street improvements, with the recogni- tion each case is different. It was Felt this case should go to the council without an appeal fee or transcript because of the broad polity issue involved. Speaker MOVED the appeal of Minor Land Partition MZP 16-80 be referred byy- a commission directly to the city council, with the comment from the commission that while the issue has been spoken to by council, there needs to be more flexibility permitted in the ?�IIrdIJTFS T IGARD PLANTN ING C 01—EXIS S ION, January 6, 1981 Page 6 application of the policy in cases such as this. The motion was seconded by Funk and carried unanimously. The president at 9:15 declared a five-minute recess. 5.5 CO',,MRF.H=NSIYr' PLAN REVISION, CPR 1-80 (CITY OF TIGARD A70/80 IMTI-UNIT H01ME FOR TH✓ AGED) NPO #1 A request for the PlanningCommission and the Coun- cil to review a Comprehensive Plan change which would create a specific zone, A70/80PD multi-Unit Home For The Aged. Property included would be the property abutting west side of Hall Boulevard, south of Burnham Street (Wash. Co. Tax Map 2Sl 2DA, Tax Lots 702 and 400). Howard read the STAFF REPORT and REC01 0-N- DATIONS. Since the city through the plann-Mng direc or was the app scant, the APPLI- CANT'S PRFSE'NmATION was the staff report. Howard briefly su�r- Ize the reasoor this proposal, which had been discussed previously. The proposed plan for a multi-story unit federall financed, together with a pharmacy and geriatric clinic, was y presented as a tentative plan for development of the new zone. PUBLICTESTIMONYwas given in favor by Pat Hutchinson, Chair- man of ti1P0 nT.S e stated the matter had been discussed by their NPO and they could see no real objections to it; and since this type of housing is needed, they felt this was a good place for it. Ann Schramm, 6292 Preakness Way, West Linn, commented that while she had no objections whatever to the proposal, she felt she should point out that the plant of Schramm Plastic Fabricators is just to the north, and that it is noisy at times. It will operate sometimes on more than one shift. COM:KISSION DISCUSSION AND ACTION: After some general comments among fhe comm ssioners, He=er�,�E`D the Planning commission recommend to the city council the a option of Comprehensive Plan Revision, CPR 1-80, establishing an A70/8O Zone on certain desig- nated tax lots west of Hall Boulevard. The motion was seconded by golleas and carried unanimously. 5.6 CONDITIONAL USE, CU 23-80 (=ELAND I AND II ATTACIUD SINGLE FAMILY) NPO #6 4 A request by Larry Grayson for a Conditional Use to