City Council Packet - 05/17/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on
SPECIAL MEETING AGENDA an agenda item needs to sign their name on
MAY 17 , 1982, 7:30 P.M. the appropriate sign-up sheet(s) . If no
FOWLER JUNIOR HIGH SCHOOL sheet is provided , ask to be recognized by the
LECTURE ROOM Chair.
1. SPECIAL MEETING
1. 1 Call to Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call to Audience , Staff and Council For Non-Agenda Items Under Open Agenda
2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed for
discussion and separate action. Motion to:
2. 1 Accept Departmental Reports & Update
2.2 Receive and File Written Communications:
• Hillsboro Resolution re : Sewer Service Charges
o City Limits Map Report
2.3 Approve Resolution No. 82-44 Setting 6-14-82 for 74th Avenue LID Public Hearing
2.4 Approve Resolution No. 82-45 Relinquishing Lands on 99W to State of Oregon-JB Bishop
2.5 Rece ive and File Report on SDR Condition for General Telephone
2.6 Approve Utility Pay Station
2.7 Receive and File NPO #7 Report and Approve Recreation Program Request
3. REPORT ON 92ND AVENUE (BOWMAN) , LERON HEIGHTS & PINEBROOK.
o Report by Joe Bailey
4. CIVIC CENTER INFORMATION PROGRAM REPORT
® Report by Gerry Duffy
5. SCHEFFLER LOT SPLIT/VARIANCE - - - V 5-82/MLP 3-82 - STORER METRO/SAXON I - NPO #6
An application requesting approval of an 11,500 square foot variance to allow for a
Minor Land Partition on the existing parcel without the required lot size area of 40,000
square feet. The proposed parcel will be approximately 28,500 square feet. The subject
property is located on the west side of SW 85th Avenue , just south of SW Durham Road
and zoned City of Tigard M-4 - Industrial Park Zone. (Wash. Co. Tax Map 2S1 14A, Tax
Lot 1100) . The Planning Commission forwarded this application to the City Council at
their meeting of May 4 , 1982 for further consideration and action. The matter is
referred to Council under Section 18.84.250 (b) (3) . No new evidence or arguments will
be allowed; however , parties are invited to submit written arguments not less than
five days prior to the Council Meeting, pursuant to Section 18.84 .290 (b) . v
o Consideration by Council
N
6. WAVERLY MEADOWS BIKEPATH DISCUSSION
• Report by City Administrator
7. PLANNING AREAS RESOLUTION
® Report by Planning Staff
8. ANNEXATION POLICY AND DRAFT ORDINANCE
Y Report by Planning Staff
9. COMPREHENSIVE PLAN REPORT
e Report by Planning Staff
10. ANTI-TRUST AND TORTS - Discussion
e Discussion with Staff and Council
11. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item
1.3 will be discussed at this time. All persons are encouraged to contact the City
Administrator prior to the meeting.
— EXECUTIVE SESSION: Council will go into Executive Session per ORS 192.660 (1) (d)
to consider Labor Relations issues.
13. ADJOURNMENT
T I G A R D C I T Y C O U N C I L
SPECIAL MEETING MINUTES - MAY 17, 1982 - 7:30 PM
1. ROLL CALL: Present: Mayor Wilbur Bishop (arriving at 8:45 PM) ; Councilors
Tom Brian, John Cook, Nancie Stimler; Director of Public Works/
Planning, Frank Currie; Finance Director/City Recorder, Doris
Hartig; City Administrator, Bob Jean; Legal Counsel, Ed Sullivan;
Office Manager, Loreen Wilson.
2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
(a) City Administrator reported that the Zone Change Hearing notifications
which were sent to residents advertised hearings for this meeting.
He advised Council and the audience that these hearings would be set
over to June 14, 1982 Council meeting and that new notification would
be sent before that meeting.
(b) Administrator requested Council strike consent agenda item #2.5 and
reschedule it for the May 24th meeting. He also requested that item
#2.7 be considered after agenda item #9.
Administrator stated the following items would be considered under open
agenda.
.1 Right-of-way Agent payment for 72nd Avenue LID project.
Administrator asked that Council add to the Executive Session section
of the meeting consideration of real property negotiations under ORS
192.660 (1) (e) .
3. ZONE CHANGE ZCA 2-82 (Tozer-Sims) NPO #4
A request by the City of Tigard to change the zoning on 3 lots located on the
North side of Hampton between 69th and 70th from Washington County RU-4 to City
of Tigard C-P, Commercial-Professional.
(a) Public Hearing Opened
(b) Motion by Councilor Brian, seconded by Councilor Stimler to continue to
June 14, 1982 and direct staff to readvertise and notify surrounding
property owners.
Approved by unanimous vote of Council present.
4. ZONE CHANGE ZCA 3-82 (Durham Island) NPO #5 & #6
A request by City of Tigard to change the zoning on 238.64 acres located
generally north of Durham, west of 74th, south of Bonita and east of Hall
Blvd. from Washington County RU-4 to City of Tigard R-5 and R-7 Single Family
Residential.
(a) Public Hearing Opened
(b) Motion by Councilor Brian, seconded by Councilor Stimler to continue
to June 14, 1982 and direct staff to readvertise and notify surrounding
property owners.
Approved by unanimous vote of Council present.
5. ZONE CHANGE gCA 4-82 (Alderbrook Island) NPO #6
A request by City of Tigard to change the zoning on 110.5 acres located between
109th and 96th and between Kable Street and Murdock Street, from Washington
County RU-4 to City of Tigard R-7 & R-10 Single Family Residential.
(a) Public Hearing Opened
(b) Motion by Councilor Brian seconded by Councilor Stimler to continue to
June 14, 1982 and direct staff to readvertise and notify surrounding
property owners.
Approved by unanimous vote of Council present.
6. ZONE (MANGE ZCA 5-82 .(Bechtold Annexation) NPO #3
A request by the City of Tigard to change the zoning on property located generally
west of 121st and north of Gaarde Street from Washington County zoning to City
of Tigard R-7 & R-10 Single Family Residential.
(a) Public Hearing Opened
(b) Motion by Councilor Brian, seconded by Councilor Stimler to continue to
June 14, 1982 and direct staff to readvertise and notify surrounding
property owners.
Approved by unanimous vote of Council present.
7. ZONE CHANGE ZCA 7-82 (North Dakota Annexation) NPO #2 & #7
A request by City of Tigard to change the zoning on 180 acres located generally
east of 115th Avenue, west of Greenburg Road,north of Tigard Street, and south
of North Dakota Street from Washington County zoning to City of Tigard zoning.
(a) Public Hearing Opened
(b) Motion by Councilor Brian, seconded by Councilor Stimler to continue to
June 14, 1982 and direct staff to readvertise and notify surrounding
property owners.
Approved by unanimous vote of Council present.
8. ACCEPT DEPARTMENTAL REPORTS & UPDATE
(a) Motion by Councilor Brian, seconded by Councilor Stimler to accept.
Approved by unanimous vote of Council present.
9. RECEIVE AND FILE WRITTEN COMMUNICATIONS
o Hillsboro Resolution re: Sewer Service Charges
o City Limits Map Report
(a) Motion by Councilor Brian, seconded by Councilor Stimler to receive and
file Hillsboro Resolution and set over to 5-24-82 meeting the map report.
Approved by unanimous vote of Council present.
10. RESOLUTION No. 82-44 A RESOLUTION OF THE TIGARD CITY COUNCIL REPEALING
RESOLUTION No. 82-38 AND DECLARING AN INTENTION TO
CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA
�- DETERMINED TO BE A STREET IMPROVEME�7T ASSESSMENT DISTRICT
TO BE KNOWN AS SW 74TH AVENUE STREET LOCAL IMPROVEMENT
DISTRICT; SETTING A PUBLIC HEARING AND DIRECTING THE
GIVING OF NOTICE THEREOF.
PAGE 2 —COUNCIL MINUTES - MAY 17, 1982
i
(a) Motion by Councilor Brian, seconded by Councilor Stineler to approve.
Approved by unanimous vote of Council present.
11. RESOLUTION No. 82-45 A RESOLUTION RELATING TO THE RELINQUISHMENT OF A PORTION
OF A FORMER RIGHT-OF-WAY OF PACIFIC HIGHWAY WEST TO THE
STATE OF OREGON, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, HIGHWAY DIVISION.
(a) Motion by Councilor Brian, seconded by Councilor Stimler to approve.
Approved by unanimous vote of Council present.
12. RECEIVE AND FILE REPORT ON SDR CONDITION FOR GENERAL TELEPHONE
(a) Motion by Councilor Brian, seconded by Councilor Stimler to set item
over to the 5-24-82 meeting.
Approved by unanimous vote of Council present.
13. APPROVE UTILITY PAY STATION
(a) Motion by Councilor Brian, seconded by Councilor Stimler to approve
Cook's Pharmacy as a pay station.
Approved by 2-0 majority vote of Council present. Councilor Cook abstaining
due to conflict of interest.
14. RECEIVE AND FILE NPO #7 REPORT AND APPROVE RECREATION PROGRAM REQUEST
(a) Motion by Councilor Brian, seconded by Councilor Stimler to set over to
a future date for consideration.
Approved by unanimous vote of Council present.
15. REPORT ON 92ND AVENUE (BOWMAN) , IRRON HEIGHTS AND PINEBROOK.
(a) Mr. Joe Bailey, Landis Aebi and Bailey Attorneys, appeared to give an
update to Council of some issues which he has been handling for the City.
He reported that on 92nd Avenue issue, a hearing before Washington County
District Court is scheduled for Thursday. On the Leron Heights issue,
a new trial date has been scheduled for September 22, 1982, however he
will try to reschedule this to an earlier date. Mr. Bailey noted he would
]seep Council and staff updated on these issues.
Mr. Bailey continued by discussing the listing history of the surplus
property on Pinebrook and Hall. Legal Counsel reported he had no problems
with the action taken on this issue in the past and would recommend Council
proceed with any considerations it had in mind.
Councilor Brian stated that the price for the relisting of the property
should be discussed in executive session. Consensus of Council was to
have Councilor Brian discuss issue with Mr. Sam Gotter, who is currently
f' listing the property for the City, and report back in executive session
at the earliest possible date.
PAGE 3 - COUNCIL MINUTES - MAY 17, 1982
President of Council Cook again announced to the audience that the ZCA's (minute
items 3-7) would not be heard tonight and would be reset for June 14, 1982 public
` hearing.
16. CIVIC CENTER INFORMATION PROGRAM REPORT
(a) Mr. Gerry Duffy, member of the Civic Center Executive Committee, reported
to Council regarding the Civic Center proposal. He presented the site
plan and discussed some of the financial implications of the purchase
of the Crow site. He stated that a committee had been formed to
campaign for the approval of the bond measure which -is going to the
voters on June 29th.
(b) City Administrator stated the City had prepared a fact sheet regarding
the issue and distributed it for Council approval.
17. WAVERLY MEADOWS BIKEPATH DISCUSSION
(a) Director of Public Works reported that the bond needs to be released
for the construction of a bikepath in Waverly Meadows Subdivision.
Lengthy discussion followed regarding the placement of the bikepath
and whether a cash deposit would be sufficient for the City to hold
until time for the construction of the pathway.
(b) Mr- Sterling Marsh, 14090 SW 80th Court, appeared and requested that the
pathway be constructed where originally planned. He expressed concern
that the new location proposed for the bikeway would be within 10
to 15 feet of his backdoor.
Mayor Bishop arrived 8:45 PM
Mr. Walter Bouli, 14105 SW 80th Court, requested that the City
consider an alternate route for the bikepath and suggested Fanno Creek Dr.
(c) Cynthia. Barrett, Attorney representing developer, stated that the sub-
division plat shows the location for the bikepath which was agreed upon
in 1978 and felt that it could not be changed at this point without the
developer's consent.
(d) After further discussion City Administrator suggested that this item be
considered again at the June 14, 1982 meeting and requested Director
of Public Works take some pictures of the area. He also requested Council
go down and study the area before the next meeting.
18. PLANNING AREAS RESOLUTION
(a) Associate Planner Coursolle presented a map to Council showing the
location of an area north of Fern Street and west of 135th that is being
discussed at the County level as a new portion of the Urban Growth Boundary.
Also discussion followed regarding the addition of the Metzger area to the
UGB as an area of interest not an active urban area.
PAGE 4 - COUNCIL MINUTES - MAY 17, 1982
(b) City Administrator discussed with Council what position the City should
take on the portion of land below King City before the Tualatin River.
Consensus of Council was to declare that area an area of interest if
King City does not want it included in their Urban Growth Boundary.
19. ANNEXATION POLICY AND DRAFT ORDINANCE
(a) Associate Planner Coursolle presented staff's draft of the annexation
policy ordinance revision. He discussed the intent of the policy and
noted that the City would actively seek to include all "unincorporated
island" areas into the City. The ordinance would also set out procedures
and application process for annexation_ Staff reported that this item
would come back for Council consideration in the near future.
20. SCHEFFLER LOT SPLIT/VARIANCE - V 5-82/MLP 3-82 - STORER. METRO/SAXON I - NPO #6
An application requesting approval of an 11,500 square foot variance to
allow for a Minor Land Partition on the existing parcel without the required
lot size area of 40,000 square feet. The proposed parcel will be approximately
28,125 square feet. The subject property is located on the west side of SW
85th Avenue, just south of SW Durham Road and zoned City of Tigard M-4 -
Industrial Park Zone. (Wash. Co. Tax Map 2S1 14A, Tax Lot 1100) . The Planning
Commission forwarded this application to the City Council at their meeting of
May 4, 1982 for further consideration and action. The matter is referred to
Council under Section 18.84.250 (b) (3) . No new evidence or arguments will
be allowed, however, parties are invited to submit written arguments not less
than five days prior to the Council meeting, pursuant to Section 18.84.290 (b) .
(a) Segal Counsel stated that there were no tapes for a transcript from the
May 4th Planning Commission meeting, however, the minutes will serve
as the record. He stated that there are four conditions which an
applicant must meet when applying for a variance. They are as follows:
(1) Exceptional or extraordinary conditions applying to the property
that do not apply generally to other properties in the same zone or
vicinity, which conditions are a result of lot size or shape, topography,
or other circumstances over which the applicant has no control; (2) The
variance is necessary for the preservation of a property right of the
applicant substantially the same as is possessed by owners of other
property in the same zone or vicinity;
(3) The authorization of the variance shall not be materially detrimental
to the purposes of this title, be injurious to property in the zone or
vicinity in which the property is located, or be otherwise detrimental
to the objectives of any city development plan or policy; (4) The
variance requested is the minimum variance from the provisions and
standards of this title which will alleviate the hardship.
Legal Counsel advised Council that it is difficult to distinguish
property issues, but stated that these conditons should be addressing
property issues and not personalities.
(b) Councilor Brian asked what prerogative City Council has to take exception
to the ordinance requirements.
Legal Counsel responded that there was none; a variance is meant to be
a safety valve, not a way around the zoning code.
PAGE 5 - COUNCIL MINUTES - MAY 17, 1982
(c) City Administrator reported that staff is suggesting revisions to the code
and'will proceed with that plan since the conditions for a variance are
so strict.
(d) Steve Janisk, attorney for the applicant, gave brief history of project
and request to Council and encouraged them to approve the variance
requested. He stated Planning Commission had wanted to approve the
request, but were unable to do so because of the existing code requirements.
(e) Discussion followed regarding the lot size and physical location in relation-
ship- to the high school.
Councilor Brian stated that the property was unique due to the location
adjacent to the High School considering the use that would be located there.
City Administrator advised Council that this is only location in the west
end of the City that would be useful to put a tower for transmissions due
to the radius configuration of the area.
(f) Motion by Councilor Brian, seconded by Councilor Gook to grant tentative
approval for application with staff to bring a final order back to Council
for approval on 5-24-82, with co--dition that there will be no future
lot split allowed on the remainii:y property in tax lot 1100. Approved
by unanimous vote of Council present.
RECESS: 9:48 P.M.
RECONVENE: 10:02 P.M.
21. C014PREHENSIVE PLAN REPORT
(a) City Administrator reported that each month. through September staff will
be giving an updated report on the status of the City's compliance with
LCDC and the comp plan.
(b) Associate Planner Coursolle reported that the Housing Element has been
completed in first draft form and is being distributed to the NPOs,
Planning Commission and City Council for review. He discussed briefly
the content of the Housing Element draft and encouraged Council to contact
him with any concerns or questions they might have.
Coursolle also advised Council that the zoning ordinance would need to be
rewritten and he plans to combine this with the Subdivision and Sign codes.
A draft will be prepared and submitted for Council review soon.
(c) Associate Planner Coursolle and City Administrator discussed with Council
the establishment of a downtown zoning district for the development area.
They noted that the Tigard Urban Renewal Agency subcommittee made the
suggestion to insure that any future development within the revitalization
area meets the intent and contributes. to the spirit of Tigard's downtown
planning efforts. Staff suggested that Council direct staff to initiate
a downtown zoning district and draft permitted uses and standards which
would best satisfy the intent and purpose of that district. Discussion
followed regarding the topic areas which would be reviewed when staff
develops the zoning district.
Consensus of Council to have staff proceed with the draft on the downtown
zoning district.
PAGE 6 - COUNCIL MINUTES - MAY 17, 1982
22. ANTI-TRUST AND TORTS - Discussion
(a) Legal Counsel discussed the following points with Council regarding the
Anti-Trust and Torts issue:
1. Antitrust Liability - City should be concerned about this issue and
non-exclusive franchise agreements would become a necessity.
2. Liability Limits not Waived by Purchase of Insurance.
3. Tort Claims Act, Notice of Claim Requirements Amended.
4. Liability under 42 USC 1983 - potential civil rights liability.
(see attached memorandum from City Attorney)
(b) City Administrator stated that the City will probably have to increase
the liability coverage due to the recent court cases which affect the
City's liability exposure.
23. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under
item 1.3 were discussed at this time. All persons are encouraged to contact
the City Administrator prior to the meeting.
23.1. Right-of-way Agent Payment for 72nd Avenue LID Project.
E (a) City Administrator requested payment for Harold Meyer, Right-of-way agent
for 72nd Avenue LID be approved in the amount of $3,452.00.
(b) Motion by Councilor Cook, seconded by Councilor Stimie r, to approve payment
request.
Approved by unanimous vote of Council
24. EXECUTIVE SESSION: Council went into executive session per ORS 192.660 (1) (d)
to consider Labor Relations issues and 192.660 (1) (e) to consider real property
transactions.
25. ADJOURNMENT: 11:16 P.M.
Doris Hartig, City, corder
ATTEST:
Wilbur Bishop, Mayor
PACE 7 - COUNCIL MINUTES - MAY 17, 1982
Date MAY 17, 1982
T wish to testify before the Tigard City
Council on the following item:
(Please print your name)
;:;CALL TO THE AUDIENCE,: STAFF & C9UNCIL FOR NON AGENDA ITEMS UNDER-OPEN,-AGENDA
Name, Address & Affiliation Item Description
�-vo tea.
Date MAY 17 1982
. I wish to testify before the Tigard City Council on
the following item: (Please print your name)
Item Description:
'CM] S/SPLIT/VARIANCE — AGENDA ITEM #5
Proponent (for) Opponent (against)
IN e, dress and Affiliation Name, Address and Affiliation
oY -
Eli
p'
a_
MEMO
TO: CITY COUNCIL
FROM: BUILDING DEPARTMENT
SUBJECT: BUILDING PERMITS FOR MONTH OF APRIL, 1982
April's building activity included 4 signs, 7 single family residential,
1 residential alter and repair, 9 commercial alter and repair and 1
miscellaneous for a total valuation of $739,654.00.
Fees for 18 permits $6,228.68
Fees for 4 signs 70.00
Plumbing Activity - 24 1,599.10
Mechanical Activity - 21 402.00
Business Licenses - 140 4,731.00
TOTAL - - - $13,030.78
Sewer Permits - 10 $16,100.00
Sewer Inspections - 10 360.
King City activity included 1 residential alter and repair for a total
valuation of $4,700.00 and fees of $83.33.
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May 17, 1982
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PIIJBILICPhone 539-9511
t2558 SW Main•Tigard. Or.97223 Monthly Report, April 1982
TO: LI3RFRY BOARD
CITY COUNCIL
FROM: CITY LIBRARIAN
TRAINING: Librarian and Assistant Librarian attended two �-day sessions on microcomputers
at Radio Shack. There was good basic information on computer "logic" as well as hands on
experience with programming.
Assistant Librarian attended a data users conference which covered availability of print:
aad uon-print census data now available and Oregon applications and uses.
Assistant and Associate Librarians attended selected sessions at the annual Oregon Library
Association_ meeting.
LAY-OFF AND REORGANIZATION: Claire Sheldon, Library Assistant for Circulation, was laid
off effective April 15, as part of the City's lay-off/reorganization plan.
John Henshell was promoted to Associate Librarian, effective April 1. He will continue to
be children's and young adult librarian, with added administrative duties and responsibility
for all adult programming, particularly senior outreach.
LEASE: A new lease with Mr. Otto Sorg was agreed upon. The rent for 1932-83 will be $1200
per nonth, with an option to rent 1983-84 at the same rate. There will be an option to rent
1984-85 with an increased rate based on the CPI. The City will pursue a tax exemption in
which case the rent will be lowered accordingly.
NATIONAL LIBRARY WEEK: National Library Week, April 19 through 23, was observed with a
special window painting done by a volunteer (rainbow over announcement), a display of book-
plates, special posters and bookmarks.
DISPLAY CASE: In response to announcement in TYPELINE, two special displays were presented
this month. For Easter, there was a display of Ukrainian decorated Easter eggs, arranged by
patron, Donna Journeay. The second display, bookplates and woodblocks used in printing, was
from the collection of the late Mr. Earl Heims, arranged by patron, Mrs. Ceil Heims.
VITA: This year VITA (Volunteer Income Tax Assistance) assigned Verne Lear to the Tigard
Library to assist low-income persons with their tax forms. She was unable to station her-
self at the Library so we made referrals and she arranged her own appointments. Approximately
40 referrals were made.
CIRCULATION ACTIVITIES: In the interest of simplifing tasks and eliminating unnecessary
procedures, the overdue, reserves and interlibrary loan procedures are being studied. It
is believed that these labor intensive areas can be revised. without sacrificing level of
service. In some instances, the service will probably be enhanced. New procedures should
be in place soon and will be monitored and reported on.
MONTHLY REPORT, April 1982 - page 2
The Library is continuing to send Large Print books to the King City Library on temporary
loan once a month. The system for managing this service has been revised, eliminating some
pape�' ::ork, but the service remains intact.
WCCLS: Joint meetings with the city managers have focused on the contract to be signed for
,-' 1982-83 serial levy funds. A final review will be made on May 20, after which the contract
'fill be reviewed by county counsel. Contracts should be ready for signature by June 1.
WCCLS staff are working on four documents that will be considered and discussed during the
next few months: a long range plan, a revenue package, a levy proposal and an analysis of
government structures. There was considerable discussion concerning concepts for long range
planning for county-wide library development. These concepts will be discussed at each
library and returned to WCCLS for consolidation.
VOLUNTEERS: Eleven volunteers worked a total of 141.5 hours, a daily average of 5.4.
WORK INDICATORS: April '82 April '81
Adult Books 6905 5411
Juvenile Books 2167 2354
Interlibrary Loan 105 70
Magazines 476 357
Records/Cassettes 102/125 22/140
Other 52 39
TOTAL 9932 9094
Days of Service 22 22
Average Daily Circulation 452 413
% Increase 9=l
Reference/Reader's Advisory 552 545
Materials Added 403 618
Materials Withdrawn 515 842
Story Hour Attendance 64 133
New Borrowers/Renewals 199/6 • 243/0
MONEY COLLECTED: April '82 April '81
Fines/Hisc. Replacement 57.15 46.00
Lost Books 27.95 4.75
Donation 18.50 ----
TOTAL $103.6Q $50.75
YOUTH SERVICE: Two major projects were completed this month. First, the subject file has
been completely revised and corrected. An authority file has been compiled and a new system
for cataloging subject headings for new books has been devised. Second, the young adult sci-
ence fiction and fantasy books have been placed in a separate section to encourage use of
this section by- young adults who presently use only the adult section. Each book has a
distinctive label and there is a subject card in the catalog. Both of these projects will
make the entire collection easier to use.
Start-Right Day Care Center displayed art work in celebration of the In terna tiona I' Week of
the Young Child
Two special groups visited the library. Sixty third-graders from Charles F. Tigard and a
small group of young men from Cordero came for orientations.
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MONTHLY REPORT
PLANNING DEPARTMENT
April, 1982
The following projects were acted on by the Planning Commission over the
past month:
CONDITIONAL USES
CU 7-82 Feeks and Stongs Potato Pub/Shirley Bilbao NPO #6
Applicant: Feeks and Stongs Potato Pub OWNER: Sherm Lee
13620 SW Pacific Highway 1635 SE Enterprise Circle
Tigard, Oregon 97223 Hillsboro, Oregon 97123
Request: For a Conditional Use to continue operation of a restaurant
on an existing location.
Site Location: 13620 SW Pacific Highway (Washington County Tax Map 2S1 2CC,
tax lot 900)
Action Taken: Approved April 6, 1982 with conditions.
GENERAL PLAN REVIEW/SENSITIVE LAND PERMIT
CPR 13-81/M 1-82 The Meadows NPO #7
Applicant: Bruce Kamhoot OWNER: Unified Sewerage Agency
20 Greenridge Court County Court House
Lake Oswego, Oregon 97034 Hillsboro, Oregon 97123
Request: For approval of a Planned Development General Plan Review of a
26 unit manufactured home subdivision and approval of a
sensitive lands permit to fill within portions of the 100-year
floodplain.
Site Location: Generally located within NPO #7 on the east side of SW Diamond
Way, just east of the Black Bull Park Subdivision.
Action Taken: Denied on April 6, 1982.
PRELIMINARY & GENERAL PLAN REVIEW/SENSITIVE LAND PERMIT
CPR 8-81/CPR 9-81
M 2-81 Main Street Land Corporation NPO #1
Applicant: Main Street Land Corporation/JB Bishop OWNER: Same
Suite 303, 10505 SW Barbur Blvd.
Portland, Oregon 97219
Request: For a Preliminary and General Plan Review for a sixteen acre
commercial development and a sensitive lands permit to fill
within the 100-year floodplain.
A MONTHLY REPORT
PLANNING DEPARTMENT
Page 2
CPR 8-81/CPR 9-81 & M 2-81 Continued
Site Location: 12660 SW Main (Washington County Tax Map 2S1 2AC, tax lots
201, 1200, 1300, 1400, 1500, 1600, 2200 and 2301)
Action Taken: Approved on April 6, 1982• Forwarded to the City Council.
ZONE CHANGE
ZC 1-82 Michael A. Robuck/Kevin M. Forney NPO #3
This item was postponed until May 4, 1982, because of improper public
notification.
CONDITIONAL USE STANDARDS
ZOA 1-82 Conditional Use Standards
Jeremy Coursolle, Associate Planner, reviewed the status of the conditional
use standards.
� f
TO: City Administrator/City Council
FROM: Chief of Police
SUBJECT: Durham Road Traffic Count
Sir:
In trying to locate a traffic counter that would count heavy truck
traffic, it was found the only agency that has this equipment is
Washington County Road Department. State Highway Division and
other local jurisdictions do not have any of these traffic counters.
Due to the purchase price of $3000 per counter, it was decided to
use Washington County's when it is available in six weeks, as they
are currently doing studies in the county.
A study was done in October on the Durham Corridor, and it was found
the times of heaviest volume was 10 a.m. to noon, and 4 p.m. to 5 p.m.
With this information, the police department has fielded monitoring
units out from times of 10 a.m. to 1 p.m. and 3:30 p.m. to 5:30 p.m.
The monitoring units were fielded as often as scheduling would allow,
-and the largest volume of traffic was found to be in the mornings from
10 a.m. to 12 noon.
_ As noted on attached study reports, the average speed was 37 mph
in the morning, and 32 mph was the average speed in the
afternoon.
It should be noted that the majority of trucks using this route are
not Tigard based.
Not only were the monitoring units observing speed violations, but
were also looking for other types of violations, such as exhaust
brakes and improper equipment. However, none were noted to date.
In regards to the use of DEQ equipment for monitoring noise pollution,
Frank Currie is handling the coordination between the City and DEQ
for that purpose.
Until such time as we can obtain the •traffic counters, the police
department will be spot checking during various times on Durham Road.
Respectfully,
`�l
R.B. Adams
Chief of Police
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L RBA:ac
Attach.
CITY OF TIGARD
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POLICE DEPARTMENT MONTHLY REPORT
April, 1982
TO: City Administrator/City Council
FROM: Chief of Police
I. Personnel:
The department is up to full strength (29) , and there was no employee
turnover this month.
The average daily department strength was 18.5 as compared to 17.0 of
April, 1981. By division the breakdown is as follows: Administration
2.0; Services Division 4.8; Patrol Division 10.2; and Investigative
Division 1.5.
II. Service Delivery:
The department responded to 477 non-criminal calls for service this
month in contrast to 433 calls in 1981; year-to-date 1,809.
Patrol Division's obligated time was 1,478.9 hours vs. 999.1 non-
obligated hours.
III. Crime:
There were 115 Part I crimes reported this month; only 65 were reported
in April last year. Of the Part I crimes reported, 35 were cleared, or
30.4% The department responded to 76 Part II crimes and 54 were cleared.
There were 91 persons charged this month as compared to 50 for this same
time period last year. Part I crimes increased 76.9% this month over
April of 1981.
The Investigative Division worked 15 active cases this month; ,and
cleared 8, or 53.3% of the active cases.
The property loss was $48,290.94, and $12,772.69 was recovered, or
26.4%
IV. Traffic:
Patrol Division responded to 27 accidents, of that number 9 were injury.
There were 229 citations issued, as compared to 220 for this same time
period last year. In addition, 44 warnings were given. The enforcement
index was 13.55.
V. Police Reserves:
The Reserve Unit worked 301 hours this month assisting the department
in policing the community. The majority of this time was spent out
in the community on patrol and assisting citizens.
See attached monthly report from the Reserves for a complete breakdown
of their activities.
VI. Community Relations:
A. On April 5, Chief Adams and Lt. Jennings attended the swearing-in
ceremony held for the new police chief of Forest Grove, Chief Gary
Tyler.
B. On April 8, Chief Adams attended the Washington County Law Enforcement
Council meeting, which lasted for 3 hours.
C. On April 8 and 9, Officer Grisham went to Tigard High School for
their Senior Rap Day, and spent 8 hours talking to 76 senior students.
D. On April 12, Lt. Jennings and Officer Grisham spent 2 hours attending
a Security Systems Symposium. This was sponsored by the Honeywell Alarm
Systems.
E. On April 14, Officer Grisham contacted 12 employees of the U.S.
National Bank, and spent 1 hour giving a bank robbery response talk to
them.
F. Also on April 14, Sgt. Martin and Officer Grisham contacted 10 citizens
at the Summerfield Club House to discuss a Neighborhood Watch meeting.
This lasted 1 hour.
G. On April 16, Chief Adams and Lt. Jennings spent 3 hours with Scott
Upham, the new Washington County District Attorney. They spent this
time working on methods to try and reduce the overtime requirements
necessary for police officers to appear in court.
H. On April 19, Officer Grisham spent 3 hours giving a Parental Drug
Education presentation to 50 adults at the Tualatin Valley Pre-School.
I. On April 20, Chief Adams spent 2-112 hours at Fowler Jr. High
School, attending a Civic Center meeting.
J. Also on April 20, Officer Grisham presented a 1 hour bank robbery
response talk to 12 employees of the Portland Retail Credit Union.
K. On April 27, Officer Grisham met with 8 other adults for 2--1/2 hours
to attend a National Safety Town Board Meeting.
L. On April 30, Lt. Jennings met with 3 students and 2 adults from
Charles F. Tigard School for 112 hour to discuss plans for the
upcoming bike rodeo to be held in May.
VII. Training:
A. Det. Sgt. Lonnie Branstetter began his training at the FBI National
Academy in Quantico, Va. on April 12. He is scheduled to complete this
11 week course on June 25.
B. Officer Darwin DeVeny and the new police "recruit" Joey, a 15 month
old German shepherd, began their training with Chief Vickery of the Mt.
Angel Police Department. When this four to five months of training is
completed, Joey will assist the g department with tracking o and search
operations, and in some narcotics work.
C. Officer Grisham received the following training in computers at
classes located at the Radio Shack Computer Center, 7463 SW Barbur Blvd. ,
Portland. Basic programming consisted of the following:
Part I: Feb. 22 - Feb. 29 (one week)
Covered: Basic program language; basic commands/statements; writing
beginning programs; arithmetic operations - input/output; branching/
simple arrays.
Part II: March 1 - March 15 (two weeks)
Covered: Formatted output; extended arithmetic operations; multi-
dimensional arrays; string functions.
Part III: April 26 - April 30 (one week)
Covered: Animated graphics; data files/discs; addressing the memory;
Asc. II Codes.
Still to be Taken
Scripsit - 2 days. Covers: Use of Radio Shack Scripsit word processing
software package.
Respectfully submitted,
R.B. dins
Chief of Police
RBA:ac
POLICE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
FOR
MONTH OF APRIL 19 82
DISTRIBUTION OF PERSONNEL
AVERAGE r
NUMERICAL STRENGTH DAILY ABSENCE p AVERAGE EfFECIIVE STRENGTH
End of Same This Same This 1 Last Same
this Month Month Month Month a Month Month
Month Last Last Last
Year Year Year
OTAL PERSONNEL 29 1 26 10.5 9.0 18.5 17.8 17.0
HIEF'S OFFICE 3 2 1.0 .6 2.0 2.0 1.4
VICES DIVIS. 7 7 2.2 2.5 4.8 4.24.5-
ATROL DIVISION 16 14 5.8 4.9 10.2 10.2 9.1
RAF'FIC DIVIS. --------------------------- -------------------- -------- ------- ----------
ST. SECTION 3 3 1.5 1.0 T1.5 2.1 2.0
ORCE ONE 13 11 5.0 3.5 8.0 8.2 7.5
ORCE TWO 9 ii 8 3.1 2.8 5.9 6.0 5.2
ORCE THREE 7 i 7 2.4 2.7 4.6 3.6 4.3 - '
CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH
Present for duty end of last month 29 This Same Month
. Recruited during month 0
Month Last Year
. Reinstated during month 0 1. Total number field
officers 16 14
• Total to account for 29
2. Less Agents Assig-
Separations from the service: ned to Investigat. 0 0
(a) Voluntary resignation 0 3. Average daily abs-
(b) Retirement 0 ences of field off-
icers owing to:
(c) Resigned with charges pending 0 (a) Vacation, cusp- .
(d) Dropped during probation 0 ension, days off,
comp. time, etc. 53.4 4.5
(e) Dismissed for cause 0 (b) Sick S Injured 4 - .2
(f) Killed in line of duty 0 (c) Schools, etc. .2
Total average daily
{g) Deceased _ - 0 _
absences 5.8 - 4.9
Total separations 0
p 4. Available for duty 10.2 9.1 _
Present for duty at end of month 29
Pa 2 o*�e
TIGARD POLICE DEPARTMENT
Monthly Report
I. Calls for Service: This Month 668 Year to Date 2,526
A. Obligated Time 1,478.9 B. Non-Obligated Time 999.1
II. PART I CRIMES
No. Cleared Arrests
A. Homicide
B. Rape
C. Robbery 3
D. Assault 5
E. Burglary 30 1 1
F. Larceny 77 28 30
G. Auto Theft
Totals 115 35 35
III. PART II TOTALS ^` 76 54 56
TOTAL - Part I and II
191 89 91
IV. TOTAL PERSONS CHARGED: 91
a. Adult Male 45 C. Juvenile Male 24
b. Adult Female 12 d. Juvenile Female 10
V. WARRANTS SERVED 15
VI. TOTAL PROPERTY LOSS $ 48,290.94 TOTAL PROPERTY RECOVERED $ 12,772.69
VII. TRAFFIC
a. Accidents Investigated 27 Injury Accidents 9 Fatal 0
b. Citations: VBR (Speeding) 38 Yield Right of Way__L_
Following too Close 1 Red Light 17 Stop Sign 5
Improper Turn 7 Reckless Driving--i—
Careless
riving0Careless Driving 8 Driving Under the Influence 13
Driving While Suspended 5 Other Hazardous 20
Non-Hazardous 107 Total Hazardous 122
C. Enforcement Index 13.55
d. Traffic Enforcement Totals
Citations: This Month This Year 229 Year to Date 1132
This Month Last Year 220 Last Year to Date 875
Warnings: This Month This Year 44 Year to Date 348
This Month Last Year 66 Last Year to Date 288
NOTE: Part I Crimes (Major Crimes) Clearance Rate 30.40,'0
�- - Part II Crimes (Minor Crimes) Clearance Rate 71.1;,
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VOLUME IV ISSUE 5 MAY 17, 1982
PERSONNEL NOTES
®The Budget Committee has lifted the freeze on the position of Planning Director_ Appli-
cations are now being taken, with the deadline for applying to be May 28th. Under the
leadership of the new Planning Director, the Department of Planning and Development will
combine the functions of planning and the Building Department, as well as encompass the
areas of economic development and urban renewal.
®Debbie Goodman is working 20 hours per week at the Library on a CETA job-training place-
ment. This is a three-month placement, and Debbie will learn filing and other general
clerical skills.
®Beth Blount has signed a professional services contract to serve as the City's Hearings
Officer. She is an attorney and has been Hearings Officer with the City of Beaverton
and other jurisdictions. Ms. Blount will consider requests for variances, conditional
use permits and other zoning matters in order to free the Planning Commission for work
on comprehensive planning and policy development.
•Joey, a 15 month-old German shepherd, was recently "hired" by the Tigard Police Depart-
ment. Joey and his handler, Officer Darwin DeVeny, began a four to five month training
period in late April with the Mt. Angel Police Department. When training has been com-
pleted, Joey will assist in tracking and search operations and with some narcotics work.
6Mel Walker has been rehired from lay-off as a seasonal parks maintenance worker. This
temporary, part-time position (three days per week) is expected to continue for approxi-
mately five months.
TRAINING ACTIVITIES
®Linda Sargent and Bob Jean attended a workshop on Impasse Resolution sponsored by the
Local Government Personnel Institute on May 6 in Beaverton.
oRandy Clarno, Survey Section Crew Chief, participated in "Retracement Surveying Seminar"
on May 7 and 8 sponsored by the Land Surveyors Assn. of Washington and Oregon at Jantzen
Beach.
®Familiar faces are now in new places as Lowana Murray, Penny Liebertz, Patt Martin, and
Diane Jelderks have assumed their new duties at City Hall. A great deal of training and
cross-training is in progress as these staff members learn their new responsibilities.
®The City now has the capacity to organize and run its own assessment centers because of
the experience gained by Linda Sargent in putting together and handling the recent assess-
ment center for the selection of a Telecommunications Administrator for MACC.
®Doris Hartig, Bob Jean, Joy Martin and Mary Strickland attended a Governmental Seminar in
Accounting and Finance sponsored by Coopers & Lybrand on May 11.
OTHER NEWS AND NOTES
®Congratulations to Council President John Cook on his selection as Tigard's First Citizen
of 19821 Mr. Cook was named at the Chamber of Commerce's "First Nighter" Banquet on
May 8th.
oVolunteers Margaret Earl and Dolores Edwards will staff the voter registration desk to
be open at Tigard City Hall on May 13, 14, 17, and 18.
*Conversations have been held recently with the Chamber of Commerce regarding the role
of the Tigard Water District and long-term water resources planning, with some suggestion
that the City might consider getting into the water business.
eThe Civic Center Executive Committee has completed its final report .for the City Council,
which passed a resolution in support of the $4.6 million project. It is now up to the
voters to decide on the future of the Civic Center at the special election to be held
on June 29th. If approved, the project would add approximately $24-$30 annually per
household in taxes.
(over)
t
-2-
*Recent visitors to City Hall were third graders from C.F. Tigard Elementary School. The
students had just finished a unit on local government. Tour guide Liz Newton gave the
visitors the "grand tour". According to thank-you letters received by Liz, the photo-
copier made a great impression on the children! Stop by and read a selection of these
letters, which are posted above the copier (where else?) on the first floor at City Hall.
*Library volunteers contributed a total of 141.5 hours in May for a daily average of 5.4
hours. Three cheers for the volunteers!
*A vacancy will exist on the Library Board as of July 1, 1982. Jean Carlisle's term ex-
pires then, and she has decided not to seek reappointment. Sincere thanks to Jean for
her years of service to the Library.
*A terminal for the data processing system has arrived, and data for the engineering
program is now being entered by Pat Robertson. The remainder of the word processing/
data processing equipment is due to arrive around June 1.
*Registration will begin on June 16 for the "Rainbow Reading Game", the Library's summer
reading program for children. Check with the Library for details.
*The issue of double taxation was discussed by City Administrator Bob Jean at a recent
meeting of the Chamber of Commerce's Public Affairs Committee.
*Overall circulation at the Tigard Library is up by 9% over circulation in April, 1981.
*Chief of Police Robert Adams was on vacation from April 28 - May 10. Chief Adams and
his wife attended their son's wedding in Idaho.
*Building Official Ed Walden began his vacation on May 10 and will continue through May 21.
eBob Jean has scheduled some time off from May 26 through June 11.
INTERGOVERNMENTAL MEETINGS
*Bob Jean attended a meeting on May 11 concerning the issue of solid waste transfer held
by the Metro Service District.
*The meeting of the Washington County Public Officials Caucus on May 6th at the Tigard
Senior Center was well attended by local elected officials. Thi general topic of urbani-
zation was discussed with special emphasis on the issue of double taxation.
*Administrative Assistant Joy Martin will attend the meeting of the Washington County
Cooperative Library Services on May 20th at the WCCLS office in Aloha.
e
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ti AY 1 4 -
���F1\!F� RESOLUTION NO.
A RESOLUTION REQUESTING WASHINGTON COUNTY BOARD OF COWISSIONERS, THE
UNIFIED SEIVERAGE AGENCY ADVISORY COMMISSION AMID WASHINGTON COUNTY BUDGET
COMMITTEE RECOGNIZE THE ECONOMIC PROBLEMS IN GENERAL, AND THE HOUSING
INDUSTRY SPECIFICALLY, AND THEREUPON REJECT THE PROPOSED 1982-83 SEWER
SERVICE CHARGE INCREASE AND CONNECTION FEE INCREASE.
WHEREAS, upon receipt of advice on April 30, 1982, of the approval
of the Unified Sewerage Agency Advisory Commission to recommend two rate
adjustments for fiscal year 1982-83; a 75¢/mo. per unit increase in service
charges and a $50.00 increase in connection fees, and
WHEREAS, the action, if finally approved, comes too late in the
budget process for several cities to make inclusion in their respective
budgets, thereby necessitating considerable additional expenses in pre-
paration of supplemental budgets, and
WHEREAS, the current state of Oregon economy clearly indicates
that increases in general user charges and increases in connection fees
as applies to new construction should be avoided whenever possible.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HILLSBORO that the Council strongly recommends the Washington County
Board of Commissioners, the Unified Sewerage Agency Advisory Commission
and the Washington County Budget Committee find, in the interest of
economic welfare of the people using facilities afforded by Unified
Sewerage Agency, the proposed fee increases should be deferred until the
economy strengthens, unemployment is significantly reduced and the building
industry is experiencing marked recovery.
BE IT FURTHER RESOLVED that we urge future proposed increases be
forwarded to the affected cities by February 15th of any year in which
increases are proposed so these may be incorporated into the respective
budgets without additional expenses being incurred for supplemental
budgets.
BE IT FURTHER RESOLVED that the City Council of the City of Hillsboro
urge each City utilizing the facilities of Unified Sewerage Agency join
us in urging this proposed restraint of increased fees, which would neces-
sarily be borne by each household, business or industrial connection within
our jurisdictions.
BE IT FURTHER RESOLVED that a certified copy of this Resolution
be forwarded to each member of Washington County Board of Commissioners,
Gary Krabmer, Unified Sewerage Agency tanager, and the mayor of each
affected City.
Introduced and passed this 4th d
O or
ATTEST:
!. O'DONNELL. DATE: May 13, 1982 0�• 7
SULLIVAN & RAMIS
ATTORNEYS AT LAW
1727 N.W. HOYT STREET TO: TIGARD CITY COUNCIL
PORTLAND. OREGON 97209 r
(5031222-4402 FROM: Ed Sullivan, City Attorney
RE: Attached Resolution Authorizing Relin-
quishment of Certain Land on Pacific
Highway West, upon Fulfillment of Certain
Conditions
I understand that Mark Norby has sent the Council certain materials
relating to the relinquishment of land along Pacific Highway West
at Engineers Stations 119+00 to 134+50 .
The relinquishment of the city' s rights to this right-of-way is
purely a policy matter for the Council. If the Council does
desire to commence proceedings to relinquish the right-of-way, or
to explore the feasibility of such proceedings, it should adopt
the attached resolution. Adoption of the attached resolution does
not relinquish the right-of-way. The resolution merely indicates
that the city is willing to undertake such relinquishment if the
conditions listed in the resolution are fulfilled. If the
Council desires any further conditions, those conditions should
be inserted in the attached resolution.
The Director of Public Works and I stand ready to answer any
questions the Council may have on this matter.
cc: Mark A. Norby
EJS:mch
5/13/82
May 13 , 1982
MEMORANDUM
To: Mayor and City Council
From: Finance Director, Doris Hartig
Subject: Utility Pay Station Approval
The City recently advertised for interested parties to contact this office
if they wished to become a utility pay station for the City's sewer billing.
As of this date we have received only one applicant, Cook's Pharmacy.
The creation of a pay station would be convenient for the public and would
result in a time savings to the City and also a savings in manpower. We
would respectfully request that Council approve the use of Cook's Pharmacy
as a utility pay station for the City's sewer billing.
BEFORE THE CITY COUNCIL OF THE CITY OF TIGARD
In the Matter of the Application) Variance No. 5-82
of SAXON I ) Minor Land Partition No. 3-82
MEMORANDUM IN SUPPORT OF
VARIANCE AND MINOR LAND PARTITION
I
INTRODUCTION
Saxon I (the "Applicant") , owns an approximately four
acre parcel described as Tax Lot 1100, which is located near
the intersection of SW 85th Avenue and SW Durham Road. Approx-
imately half this site is now improved with two new industrial
buildings. The Applicant has obtained a conditional use approval
(March 2, 1982) authorizing the construction of a microwave
receiving tower for Storer-Metro Cable Company. This conditional
use approval was granted so as to authorize the construction of
facilities necessary for the cable television system which has
been approved by the Tigard City Council. The Applicant now
requests approval from the City Council authorizing the parti-
tioning of a 28 , 125 sq. ft. parcel and the related variance
from the required minimum lot size of 40, 000 sq. st. Without
this minor partitioning and variance, the Applicant will not
be able to convey the subject property to Storer-Metro and
Storer-Metro will not be able to construct the necessary facili-
AP
ties for the Tigard Community Cable System.
II
PRIOR HISTORY
In 1979, the City of Tigard approved an overall master
r
plan for the Applicant's approximately four acre site which
showed four parcels and the construction of four industrial
warehouse buildings. The property is located in an M-4 zone
and the approved plan conformed to the requirements of that
zone. Thereafter, the City of Tigard designated Storer-Metro
as the company to provide cable service to the Tigard community.
The City Council urged that Storer-Metro locate on a site in
close proximity to the Tigard High School. This was desired
so that students could utilize the facilities of the cable
company's studios and transmitter. Storer-Metro approached the
Applicant and the parties entered into an agreement for the
purchase and sale of the subject 28, 125 sq. ft. parcel. This
parcel lies adjacent to the Tigard High School.
Thereafter, the Applicant filed a request for condi-
tional use approval with the City of Tigard. This request
showed the parcel size as 28,125 sq. ft. and included a site
plan which clearly indicated that the conditional use would be
located on the 28, 125 sq. ft. parcel. This request was approved
by the Planning Commission on March 2, 1982. Apparently, the
Planning Commission did not focus on the fact that they had
approved a conditional use for a 28 , 125 sq. ft. parcel in an
M-4 zone which required a 40, 000 sq. ft. parcel.
Thereafter, the Applicant met with the planning staff
at the City of Tigard and requested information regarding any
other governmental approvals which would be necessary in order
to obtain a building permit for the Storer-Metro transmission
tower and related facilities. The staff advised the applicant
Page 2 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
s�.
that it would be necessary to file for a minor partitioning and
an application was filed. The Applicant and Storer-Metro made
substantial business decisions and plans based on the fact that
the only governmental approval necessary was a minor partitioning
and on the staff's statements regarding the time at which a
minor partitioning would likely be approved.
Unfortunately, at the very last minute, the staff
indicated that the Applicant would also need to obtain a variance
from the 40, 000 sq. ft. minimum lot size requirement. The
staff explained that they had assumed that, since the Planning
Commission had approved the conditional use on a 28 ,125 sq. ft.
parcel, that no variance would be necessary. However, the staff
later ruled that a variance would be required. This change in
position was a sudden and surprising one and has caused substantial
injury to the Applicant and Storer-Metro in connection with
business commitments that they have previously made for this
property and the cable facility. The Applicant argued that the
variance was unnecessary, given the fact that the Planning
Commission had implicitly approved the use of a 28 ,125 sq. ft.
parcel through the conditional use process. The City Attorney
disagreed with this position and has required the filing of
this variance application.
On May 4 , 1982, the Applicant appeared before the
Planning Commission and presented its evidence and arguments.
The Planning Commission stated that they believed the use was
an appropriate one at this site, that the request was one which
Page 3 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
would benefit the community, but that the technical requirements
of the City Code regarding standards for authorizing a variance
had not been met. The Planning Commission believed that this
was a policy matter that should be referred to the City Council
and therefore referred the case to the City Council without
making any definitive decision. However, the Planning Commission
clearly and unanimously stated that they believed the proposed
use was an appropriate one. Unfortunately, the City has advised
the Applicant that no tapes of this hearing exist because of
a malfunction of the recording system.
All parties who are within the area of notification of
the City of Tigard have, in writing, waived the requirement of
receiving notice of any hearing on this matter, and have approved
the requested minor partitioning and variance. The applicable
neighborhood association (NPO No. 6) has no objection to the
variance and minor land partition. At the time of the Planning
Commission hearing, no persons spoke in opposition to the
request. Therefore, throughout this entire proceeding, there
has been no opposition to the request.
III
COMPLIANCE WITH APPLICABLE VARIANCE STANDARDS
The Tigard City Code, Section 18.76. 020, sets forth
the standards to be appliedsin determining whether a variance
should be granted. It is the Applicant's position that these
standards must be interpreted and applied with common sense
and that an excessively technical and strict application of the
Page 4 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
mum
standards is unwarranted.
Section 18. 76. 020 (1) requires that the Applicant
demonstrate that °°exceptional or extraordinary conditions" apply
to the property which do not generally apply to other properties
in the same zone or vicinity. In this case, this property
consists of approximately 185,000 sq. £t. , arranged in a
rectangular fashion. Superficially, it would appear possible
to comply with the minimum lot size requirements of 40, 000 sq. ft.
by dividing the subject property into four parcels. However,
given the configuration of the property, and given the required
set backs and drive way areas necessary for the existing
industrial uses and future industrial uses, it is not feasible
to divide this property into four 40, 000 sq. ft. sites upon
which could be located economically feasible industrial buildings.
Thus, given the overall size of the property and its configuration,
the exceptional circumstance is that the Applicant will not be
able to fully utilize this property in conformance with the M-4
minimum lot size requirement. The variance is appropriate in
that it will allow the Applicant to utilize the property by
placing three economically sized and properly designed industrial
buildings and the Storer-Metro cable television tower and
facilities.
The property is a;so unusual in that it is located
adjacent to the Tigard High School and thus presents an oppor-
tunity for allowing uses which enhance the function of the
high school. The proposed use will allow high school students
Page 5 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
to use the facilities of the cable television system. In addi-
tion, the amount of land area covered by the tower and related
facilities will be substantially less than the amount of land
covered by an allowed industrial building. This will leave a
substantial portion of the property as open space. Finally,
the proposed use will have substantially less truck traffic
than locating another industrial building on the subject site.
Section 18. 76. 020 (2) of the Tigard City Code requires
that the Applicant demonstrate that the variance is necessary
for the preservation of a property right of the Applicant
substantially the same as is possessed by owners of other
property in the same zone or vicinity. The Applicant submits
that the other properties in the vicinity and in the M-4 zone
generally have the right to develop to their maximum density
under the M-4 zoning code. As indicated above, this Applicant
will not be able to fully utilize this site without the requested
variance. The Applicant cannot divide the property into four
40, 000 sq. ft. parcels and build upon each of these an economically
feasible and properly functioning industrial building. If the
variance is not granted, the Applicant will, therefore, be able
to locate only one additional industrial building (in addition
to the two that are already on other portions of the property)
s
and leave a substantial portion of the property underutilized.
Section 18.76. 020 (3) of the Tigard City Code requires
that the Applicant demonstrate that the variance shall not be
Page 6 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
materially detrimental to the purposes of the zoning code or
injurious to property in the vicinity. It should be noted in
response to this requirement that all property owners in the
vicinity of the site support the requested variance. The
Applicant submits that, for the following reasons, the requested
variance will not be detrimental to surrounding properties or
to the purposes of the zoning code:
(a) The City Council encouraged the location of this
facility close to the high school and the requested variance
will enable the high school to utilize the cable transmission
television facilities.
(b) The proposed variance will allow a use which will have
substantially less traffic impact, particularly truck traffic,
than the other uses allowed in the M-4 zone.
(c) The variance will allow a proposed use which will leave
a substantial amount of open space by comparison to the construc-
tion of another industrial building on this site.
With respect to the requirement that the variance be
in conformance with the purposes of the zoning code, Section
18. 04. 020 sets forth the purposes of the zoning code. These
include:
" (1) encourage the most appropriate use
of land;
a
" (2) conserve and stabilize the value of
property;
Page 7 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
" (4) provide adequate open space for
light and air;
" (5) lessen the congestion on streets;
" (9) promote public health, safety, con-
venience and welfare in general. "
The requested variance fulfills the above enumerated purposes.
The use sought is obviously appropriate at this site, given the
approval by the Planning Commission of the conditional use
permit, as well as the direction by the City Council that the
cable television facility be located close to the high school.
Second, as indicated above, the proposed use will not adversely
affect property values. Third, the proposed use which would be
made possible through the variance will allow for more open
space than the alternative uses in the M-4 zone. Fourth, the
proposed use will cause lesser truck traffic on adjacent streets
as compared to another industrial building. Finally, the
general welfare of Tigard will be enhanced through allowing
the cable television facility to be built on this site, in close
proximity to the high school, and thereby to provide cable
service to Tigard.
Section 18 .76. 020 (4) requires that the applicant
demonstrate that the variance being requested is the minimum
variance which is necessary`. The specific request in this case
is based on the requirements of Storer-Metro for a reasonably
sized parcel for its cable television facilities. This
Page 8 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
requested parcel is 28,125 sq. ft. , implying a variance of
approximately 11, 875 sq. ft. The staff, in its report, stated
that they believe that Storer-Metro would purchase additional
property to conform to the 40, 000 sq. ft. requirement. As
indicated in the recent letter submitted from Storer-Metro,
they cannot and will not purchase additional property. There
is, thus, no basis for the staff' s comment that "Storer-Metro
is willing to purchase more property. " The variance sought in
this case is the minimum variance necessary to enable Storer-
Metro to build its cable television facilities on this site.
IV
CONCLUSION
The Applicant respectfully submits that the requested
variance and minor partitioning should be granted. There is
no opposition to this request. This request fulfills the
desire of the City Council to have Storer-Metro provide cable
television service to Tigard from a site in close proximity to
the high school. This minor partitioning and variance further
implement the favorable decision of the Planning Commission on
May 2, 1982 authorizing a conditional use permit for Storer-
Metro' s tower and transmission facilities. There will be no
adverse public effect or detriment to the surrounding properties
from granting the requested minor partitioning and variance.
Page 9 - MEMORANDUM IN SUPPORT OF VARIANCE AND MINOR LAND
PARTITION
w VARIANCE APPLICATION
1. THERE ARE EXCEPTIONAL OR EXTRAORDINARY CONDITIONS APPLYING
TO YOUR PROPERTY THAT DO NOT APPLY GENERALLY TO OTHER
PROPERTIES IN THE SAME ZONE OR VICINITY, WHICH CONDITIONS
ARE A RESULT OF LOT SIZE OR SHAPE, TOPOGRAPHY, OR OTHER
CIRCUMSTANCES OVER WHICH YOU HAVE NO CONTROL. PLEASE
DESCRIBE THE CONDITIONS WHICH APPLY TO YOUR PROPERTY.
Storer Cable Communication was requested by the City of
Tigard to co-locate with the Tigard High School or in close
proximity to it. It provides a service to the neighborhood
and the educational system.
The only zoned and suitable land is the excess property
at the Durham Hall Business Center. The existing property
has two existing buildings and approved plans for two more
on the excess portion. The entire complex was designed and
approved as an integrated Industrial Campus. Storer Commu-
nications was asked to locate in the location to best serve
the community of Tigard.
A conditional use was requested for the lot size and
was approved by the Tigard Planning Commission on T4arch 2 ,
1982 .
The site provides public access and the ability to best
serve the community. It meets all those requirements that a
sound business interest and a concerned community would want.
The size of the proposed lot is the maximum economic
use for the approved use. It also allows the further devel-
opment of the remaining portion of Durham Hall Business Center
to its highest and best use as a well appointed industrial
campus. The City of Tigard placed these parameters upon
Storer. The construction of their facility does not require
40, 000 square feet but they were placed in a zoning that re-
quired it. The request in itself would be realistic if it
were not in a total campus environment. In the specific
case it is a forced use and an economically unsound one.
In summary: Storer Cable Communication has an approved
conditional use for the lot size described.
-- Any further requirement would be economically
unfeasible.
-- Storer Cable Communication was directed to this
site by the City of Tigard as the location best able to
serve the community needs.
-- Any further size required would preclude the de-
velopment of the remaining land to its highest and best use.
-- The site is so situated as to provide the best
access and least impact on the existing use.
a
2. THIS VARIANCE REQUEST IS NECESSARY FOR THE PRESERVATION
OF A PROPERTY RIGHT OF THE APPLICANT WHICH IS SUBSTANTIALLY
THE SAME AS IS POSSESSED BY OWNERS OF OTHER PROPERTY IN
THE SAME ZONE OR VICINITY. PLEASE DESCRIBE.
Durham Hall Business Center was designed and approved
as an Industrial Park. Unless this variance is granted the
arbitrary figure of 40,000 sq. ft. will preclude the devel-
opment of the total site to its maximum potential and ser-
vice capacity. The property is unique and cannot be compared
to others in the area because of it's proximity to the
surrounding neighborhood, transit systems and educational
facilities.
Other zoning requirements of smaller lots in adjacent
municipalities recognizes the variables in this type of
useage.
The property owner is therefore arbitrarily denied the
right of transferral of a property right as although zoning
useage and compatability have been demonstrated. The 40,000
sq. ft. may well be realistic ir_ the context of a single use
property but in an integrated useage it is unjustably de-
priving maximum use of the property and forcing an unrealistic
lot size that is only valid in the context of a free standing
complex.
The property owner is penalized in that failure to create
the two tax lots of the proposed partition will negate the
economic use of the remaining land.
3. THE GRANTING OF THIS REQUEST WILL CARRY OUT THE PURPOSES
OF THE ZONING ORDINANCE AS FOLLOWS :
A. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO THE POLICY OF PROMOTING THE MOST APPROPRIATE USE OF
LAND BECAUSE:
The intent of the policy is to put land to it's
highest and best use. The geographical proximity
to all services, the educational facilities and
the neighborhood support already established
promotes the efficient and intelligent use of the
property. The existing use as an industrial park
will encompass in a pleasant supportive atmosphere
the already approved proposed structure. It will
be an integrated use rather than a separate one.
B. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO THE- CONSERVATION AND STABILIZATION OF THE PROPERTY
VALUES IN THE AREA BECAUSE:
It will enhance the values in that the surrounding
area. The property is best served by use. Such
use will place an increase in the stability of the
area values.
t
3. C. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO THE PROVISION OF FIRE PROTECTION IN THE AREA BFCAUSE:
The fire protection is already in place and will
not change the requirement.
D. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO THE PROVISION OF ADEQUATE OPEN SPACE FOR LIGHT
AND ARE BETWEEN STRUCTURES BECAUSE:
The proposed building will provide more space for
light and air between structures because the
structure will be smaller than the building al-
ready approved on the site.
E. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO THE FLOW OF TRAFFIC IN THE AREA -- IT WILL NOT CAUSE
OR INCREASE CONGESTION BECAUSE:
The area is already designed and approved for a
volume of traffic commesurate with a more intense
use. The four way stop sign at 85th and Durham
Road prevent any backup. The distance from the
intersection precludes any congestion.
F. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL
TO DEVELOPMENT PATTERN IN THE AREA AND WILL NOT LEAD TO
UNDUE CONCENTRATION OF POPULATION BECAUSE:
The total development plan will not be increased
intensely but rather lessened. It will place
complimentary uses in proximity to each other.
G. THE GRANTING OF THIS VARIANCE WILL NOT BE DETRIMENTAL
TO THE PROVISION OF COMMUNITY UTILITIES AND FACILITIES
SUCH AS WATER, SEWERAGE, ELECTRICAL DISTRIBUTION, TRANS-
PORTATION, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENT
BECAUSE:
It makes no demands that have not already been
provided for.
H. THIS REQUEST WILL NOT BE INJURIOUS TO OTHER PROPERTY
IN THE ZONE IN WHICH THIS PROPERTY IS LOCATED OR IN
THE VICINITY OF THIS PROPERTY BECAUSE:
The use will not be altered from its present use.
Surrounding owners are highly supportive of the
use. The use has already been approved.
4 . THE GRANTING OF THIS REQUEST WILL NOT BE INJURIOUS TO
OTHER PROPERTY IN THE ZONE IN WHICH THIS PROPERTY IS
LOCATED OR IN THE VICINITY OF THIS PROPERTY BECAUSE:
The use has been already approved and is com-
messurate with the existing zoning. Rather it is
best located here because it is supportive of
surrounding uses.
5 . THE GRANTING OF THIS REQUEST WILL NOT BE DETRIMENTAL TO
THE OBJECTIONS OF THE CITY'S COMPREHENSIVE PLAN.
PLEASE DESCRIBE HOW THIS PROPOSAL COMPLIES WITH THE
COMPREHENSIVE PLAN.
This proposal does not change the comprehensive
plan but is in conformity with them. The isolated
nature of the total business center complies with
the co-location of the uses and the use of existing
public utilities.
6 . .THE VARIANCE REQUESTED IS THE MINIMUM VARIANCE FROM THE
PROVISIONS OF THE ZONING ORDINANCE WHICH ALLEVIATE THE
HARDSHIP. THIS CONDITION REQUIRES THE APPLICANT TO
LOOK AT THE APPLICABLE ZONING ORDINANCE STANDARDS AND
TO EXPLAIN WHY THIS IS THE MINIMUM VARIANCE THAT CAN BE
REQUESTED.
The construction of a studio facility does
not require the lot size that the zoning demands.
Any increase would be economically unfeasible for
both the applicant and the intended user (Storer) .
The proposed lot would be part of an inte-
grated campus atmosphere. The variance is re-
quested to allow the development of the remaining
parcel to its highest and best use consistent with
the goals and plans already established by Tigard.
The proposed structure would be architec-
turally appealing and landscaped in conformity
with the already high standard of Durham Hall
Business Center. Any further size requirement on
the lot would create an economic hardship that
would seriously empeid the capability to proceed.
It must be pointed out again that the lot is
to be part of an established industrial campus .
The standards envision a single parcel not an
integrated use.
The standards are meant to be common sense
guidelines designed to promote healthy growth.
The requirement to go to a larger site would
necessitate a new site location by Storer. This
would require new surveys in a single free stand-
ing parcel. This minor partition with variance to
permit a 29, 125 sq. ft. lot would preclude that
need and be in line with the requirements placed
by the City of Tigard.
1. Saxon I requests a minor partition of the above captioned
property into two distinct tax lots. The purpose for
s this is to sell one of the proposed lots to the Storer
Cable Company for their headquarters.
2. The proposed use is not in contravention with Tigards
Adopted Comprehensive Plan.
3. The public benefit derived will be in the increased tax
base, new jobs created and income locally generated by
the construction and continued operation.
4. There will be no changes in environmental conditions.
The economic aspects will favorably affect the area.
The public service provided by the Storer Cable Company
will significantly enhance the social and educational
climate of the City of Tigard and adjacent areas. The
educational benefits have been addressed separately by
the Tigard School District.
5. The access existing use and the proximity to central
services make this ideal for the proposed use.
6. The impact will be consistent with the present use and
will not change the character or activity level to any
degree.
7. There will be no new public services required. All
services are now in place.
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Excerpt from Planning Commission Minutes - May 4, 1982
5.7 V 5-82/MLP 3-82 STORER 14ETRO -- NPO #6
The applicant is requesting an approvg1L of an 1110500 Square foot variance
to allow for a Minor Land Partition ot, the existingParcel without the
required lot size area of 40,000 square feet (Wash' Co. Tax Map 2S1 14A,
Tax Lot 1100) .
PUBLIC HEARING OPENED
(a) Associate Planner, Elizabeth Newton, 144de Staff's recommendations for
denial of Variance V 5-82 and of Minor -,and parritlQIil MLP 3-82 based
on findings as follows: (1) the applicant does not meet the four
conditions for granting a variance as required in Cade Section 18.76.020;
and (2) approval of the Minor Land Patt iGion Wo1yld be in violation of
Section 18.52.030 M.
(b) PUBLIC TESTIMONY
• No representative from NPO #6 was prega.nr.
• Applicant's Presentation - Attorney SteVen Janick rePresented the
applicant. He outlined what course his client Pas taken concerning
application of the variance, staff's Qqmjjerlts, previous Planning
Commission action on the property, and $e respooaed to the four criteria
that must be met for approval of a variance. Vis discussion included
the applicant's inability to adequately, develop the remaining vacant
portions of the site if additional lot are8 was required for Storer
Metro; implied approval of the lot areaby the ylant1In Commission
during the Conditional Use hearing on 11arch 2, 15 NPO #6 approval;
unanimous approval by the surrounding property ower s; and the total
suitability of the site for the devebppment, Mr' an ick stated if this
site is not available, Storer would puff the facility on a site in
Tualatin, whose ordinances are less restrictive.
PUBLIC HEARING CLOSED
(c) COMMISSION DISCUSSION AND ACTION
• All Commissioners felt Storer Metro did not meet/ the four conditions
for a variance and therefore they could not approve the request. All
agreed it was a good site for the deveiopment atld the High School could
advantageously use the Storer Metro faaitities for educational purposes.
• There was Commission discussion concerniag the lack of latitude for the
approving of variances. A further concern Was tge difference between
M-4 and M-3 zoning.
Commissioner Owens left: 11:02 P.M.
• Commissioner Speaker questioned the possibility Of forwarding this matter
to the City Council because it appears to be a policy issue.
• President Tepedino preferred to take a stand on the issue before sending
WA M
4 ,
it to the City Council. He and the Commission agreed that the use
as requested would benefit Tigard residents.
• Legal Counsel, Ken Elliott, felt the Commission should make a decision
on whether to grant or deny the variance or refer on to the City Council.
• There was additional discussion concerning the variance requirements.
• Commissioner Moen moved, and Commissioner Speaker seconded, to refer
item 5.7 V 5-82/MLP 3-82, Storer Metro, to City Council with a record
of the Planning Commission's consensus that it is a good location but
that it does not meet the very specific requirements of the ordinance.
Motion approved by 4-1 majority vote of Commission present, President
Tepedino voting Nay.
A
. r
STAFF REPORT
AGENDA ITEM 5.7
TIGARD PLANNING COMMISSION
May 4, 1982 -- 7:30 p.m.
Fowler Junior High -- Lecture Room
10865 SW Walnut, Tigard
April 28, 1982
A. FACTS
General Information:
Case: Variance (V 5-82) NPO #6
Minor Land Partition (MLP 3-82)
Applicant: Saxon I Owner: Same
1 SW Columbia #1200
Portland, Oregon 97258
Location: The site is generally located on the west side of SW 85th Avenue,
just south of SW Durham Road at 16285 SW 85th Avenue. (Washington
County Tax Map 2S1 14A, tax lot 1100)
Lot Area: Tax lot 1100 is 4.39 acres. Lot to be partitioned is 28,125 sq. ft.
Present Zoning Designation: M-4 (Industrial Park)
Request: The applicant is requesting a variance to the minimum lot size of
40,000 square feet in the M-4 zone and a Minor Land Partition to
create a 28,125 square foot parcel and a 3.62 acre parcel.
Public Notices Mailed: Three. All surrounding property owners submitted waivers
of public notice and acquiese in a variance from the code.
Previous Action: On March 2, 1982, the Tigard Planning Commission approved a
Conditional Use for construction of a radio receiving tower
on the site. On April 16, 1982, the owner applied for a
Minor Land Partition to create two lots; one of 28,125 square
feet and one 3.62 acres.
It was brought to staff's attention during the review of the
Minor Land Partition application that the lot size requested
is less than allowed in the M-4 zone. Staff asked the appli-
cant to either apply for a Variance to the minimum lot size
requirement or change the Minor Land Partition request to
meet the minimum lot size requirement. The applicant made an
application for a Variance to the minimum lot size requirement
on April 23, 1982.
NPO Comment: NPO #6 has no objection to the Variance and Minor Land Partition.
They feel that the 28,125 square foot lot is appropriate. NPO #6
is concerned about the landscaping of the project.
` STAFF REPORT
�.' V 5=82 & MLP 3-82
Page 2
Vicinity Information
The surrounding land uses are as follows:
The areas directly north and west of the site have been developed for
Tigard High School and are zoned R-30 (Single Family Residential) .
The area to the south of the site has been partially developed for
single family residential uses and is zoned Washington County RU-4.
The area to the east of the site has been developed as a public facility
(Durham Treatment Plant) and is zoned M-4 (Industrial Park) .
Site Information
Presently, the eastern portion of the 4.39 site is undeveloped. The western
portion of the site is developed as an Industrial-Office Park called the
Durham Hall Business Center. There is approximately 64,625 square feet of
undeveloped property on the eastern portion of the site available for develop-
ment. Development plans for the undeveloped portion have been approved but
the Storer-Metro site development proposal would not allow the previously
approved development to be constructed.
B. APPLICABLE POLICIES AND CRITERIA
1. LCDC Goals and Guidelines
a. Citizen Involvement - The intent of this goal is to insure the oppor-
tunity for citizens to be involved in all phases of the planning process.
Notice was mailed to all owners of record within 250-feet of the subject
site giving the time and date of the Public Hearing. A Public Notice was
published in the Oregonian and Tigard Times. In addition, NPO #6 was
given the opportunity to review and comment on the proposal.
b. Land Use Planning - All applicable LCDC goals and policies, NPO #6
policies and Tigard Municipal Code Sections were considered in review of
this application.
C. Public Facilities -- Public facilities including water, sewer and
storm drainage are available to this site. The development of this site
as proposed for the Storer-Metro cable studio and receiving tower, pro-
vides a public service to the rest of the community.
2. NPO #6 Policies applicable to this application are as follows:
Policy 19. Development shall coincide with the provision of public streets,
water and sewerage facilities. These facilities shall be (a) capable of
adequately serving all intervening properties as well as the proposed
development, and (b) designed to meet city or county standards.
3. Tigard Municipal Code Provisions:
18.76.020 Granting--Conditions. No variance shall be granted by the Plan-
ning Commission unless it can be shown that all of the following conditions
exist:
V 5-82 & MLP 3-82
Page 3
(1) Exceptional or extraordinary conditions applying to the property
that do not apply generally to other properties in the same zone or
vicinity, which conditions are a result of lot size or shape, topography,
or other circumstances over which the applicant has no control;
(2) The variance is necessary for the preservation of a property right
of the applicant substantially the same as is possessed by owners of
other property in the same zone or vicinity;
(3) The authorization of the variance shall not be materially detri-
mental to the purposes of this title, be injurious to property in the
zone or vicinity in which the property is located, or be otherwise
detrimental to the objectives of any city development plan or policy;
(4) The variance requested is the minimum variance from the provisions
and standards of this title which will alleviate the hardship.
Staff feels that the applicant has not mpt the four conditions required to be
met under 18.76.020 of the Tigard Municipal Code to grant a variance.
The first condition is that there are extraordinary conditions applying to the
site that do not apply to other properties in the same zone or vicinity over
which the applicant has no control. The applicant has not substantiated that
condition. The applciant contends that the City directed and requested Storer-
Metro to locate in close proximity to Tigard High. In fact, the City staff
encouraged Storer-Metro to locate near the high school but did not direct Storer
to this particular site nor to the lot size. The applicant also contends that
the Planning Commission approved a Conditional Use for the lot size (28,125 sq.
ft. ) on March 2, 1982. Conditional Uses do not approve lot dimensions; the
Planning Commission approved the use only, not the lot dimension.
• The second condition to be met for granting of a variance is that the request
is necessary for the preservation of a property right. Staff feels that the
applicant has not substantiated this condition either. The applicant contends
that the 40,000 square foot lot size is arbitrary. In fact, the 40,000 square
foot lot requirement is established as a minimum lot size in the Tigard Munici-
pal Code Section 18.52 - M-4 Industrial Park.
The third condition to be met for the granting of a variance is that the variance
is not detrimental to the purposes of the code. Staff feels that the applicant
has not met this condition. The intent of the M-4 zone is to develop on 40,000
square foot parcels. Would changing the 40,000 square foot lot requirement be
detrimental to the intent of the Industrial Parl zone concept? Staff' requests
that the Planning Commissicn review the lot size requirements for Industrial
Park zone as to whether changing the lot size would be detrimental to the intent
of the Industrial Park zone.
The fourth requirement is that the request is the minimum variance which will
alleviate the hardship. The applicant does not meet this condition in that
there is vacant land available on the site to meet the 40,000 square foot mini-
mum and staff has been informed that Storer-Metro is willing to purchase more
property.
17.16.100 Tentative approval.
(a) Within sixty days of the date of submission of the preliminary plat, the
C
�inrr nnruni
" V 5-82 & i;LP 3-8P
Page 4
Planning Commission will review the plan reports of the agencies listed in
Section 17.16.090 and may give tentative approval of the preliminary plat as
submitted or may modify the plat or, if disapproved, shall express the Planning
Commission's disapproval and reasons therefor.
(b) No tentative plan for a proposed subdivision and no tentative plan for a
major partition shall be approved unless:
(1) Streets and roads are laid out so as to conform to the plats of
subdivisions or maps of major partitions already aprpoved for adjoining
property as to width, general direction and in all other respects, un-
less the city determines it to be in the public interest to modify the
street or road pattern.
(2) Streets and road held for private use are clearly indicated on the
tentative plan and all reservations or restrictions relating to such
private roads and streets are set forth thereon.
(3) The tentative plan complies with the comprehensive plan and appli-
cable zoning regulations of the city then in effect.
(4) No tentative plat of a subdivision or map of a major partition shall
be approved unless there will exist adequate quantity and quality of water
and an adequate sewage disposal system to support the proposed use of the
land described in the proposed plat.
Recommendation:
Staff recommends denial of Variance V 5-82 and of Minor Land Partition MLP 3-82
based on Findings as follows:
1. The applicant does not meet the four conditions for granting a variance as
required in Code Section 18.76.020.
2. Approval of the Minor Land Partition would be in violation of Section
18.52.030(1) .
Prepared by: EAA (k&j a, eajn Approved by: A. .
Eli beth A. Newtoft Frank A. Currie (y., CA-IV
Associate Planner Planning Director 0
COMMUNICATIONS, INC.
May 4, 1982
Mr. Frederick J. Scheffler
Saxon I
One S.W. Columbia
Portland, Oregon 97258
Dear Fred:
I read with great dismay the staff report regarding the application
for variance and minor partition of the property we wish to purchase from
you. I am unaware of any communications to the City of Tigard or its
planning staff of a willingness on our part to purchase additional land
we do not require. This is an assumption on their part not communicated
by Storer Metro Communications, Inc. , or any of its representatives.
Our agreement to purchase was the maximum amount of land we needed
for our operation and location for a hub site. Any increases would be
uneconomical and unwarranted.
Please feel free to communicate this information to the City of
Tigard and its planning staff.
Very truly yours,
i�6
W. Douglas Wilson
Area Manager
WDW/caa
7100 S.W. HAMPTON ST. o SUITE 231 COMMERCE PARK
TIGARD,OR 97223 0 639-1197
C17YOF T!AAM
WASHINGTON COUNTY.OREGON
May 11, 1982
Mr. Frederick J. Scheffler
Saxon I
1 S.W. Columbia
Portland, Oregon 97258
Re: Variance 5-82 Consideration by Council (Storer Metro/Saxon I)
Dear Mr. Scheffler:
The Tigard City Council, at their meeting of May 10, 1982, determined
that the above referenced issue would be heard at their meeting of
May 17, 1982. The meeting will be held at Fowler Junior High
School, 10865 SW Walnut Street, Tigard, Oregon, and will begin at
7:30 P.M.
The Planning Commission referred this matter to Council under Section
18.84.250 (b) (3) of the Tigard Municipal Code. Ma new evidence or
arguments will be allowed; however , parties are invited to submit
written arguments not -,:ss than five days prior to the Council meeting,
pursuant to Section 18.84.290 (b) . As you were advised on this date
by a phone conversation with this office, May 13th will be the deadline
for submission of any written arguments for inclusion in Council
packets. Copy of the referenced codes are enclosed for your u3e,
If you have any questions, please feel free to contact Loreen Wilson
of this office, or the Planning Department.
Sincerely,
Doris Hartig
City Recorder
DH: lw
Enc.
CC: Frank Currie , Planning Director
Ed Sullivan, Legal Counsel
12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171
mom
CITY OF TIGARD, OREGON
PLANNING COMMISSION
RESOLUTION No. 01-82
A RESOLUTION OF THE TIGARD PLANNING COMMISSION REGARDING STORER METRO V5-82
& MLP 3-82.
WHEREAS, an May 4 , 1982, the Tigard Planning Commission heard a
request by Storer Metro requesting approval of an 11,500 foot variance
to allow for a Minor Land Partition on an existing parcel without the
required lot size area of 40,000 square feet; and
WHEREAS, the Planning Commission did find that under existing Tigard
Municipal Code Section 18.76.020, Granting-Conditions for Variance applications,
the applicant had not shown that they complied with the four criteria required
for variance approval.
NOW, THEREFORE,
THE TIGARD PLANNING COMMISSION RESOLVES:
Section 1: That the Storer Metro Variance and Minor Land Partition requests
be forwarded to the City Council for the following reasons:
• The Planning Commission is bound by Section 18.76.020 to
approve variances if it can be shown that all four conditions
have been met as set forth in that Section.
• The Planning Commission further found that there is no
ordinance which authorizes them to waive any of the conditions
for variance approval.
• The Planning Commission hereby forwards this issue to the Tigard
City Council for their action and consideration.
DATED: This 4th day of May
Frank epedino, Planning Commission President
ATTEST:
Patt Martin, Secretary for Commission
PC RESOLUTION No. 01-82
Excerpt from Planning Commission Minutes - May 4, 1982
5.7 V 5-82/MLP 3-82 STORER METRO -- NPO #6
The applicant is requesting an approval of an 11,500 square foot variance
to allow for a Minor Land Partition on the existing parcel without the
required lot size area of 40,000 square feet (Wash. Co. Tax Map 2S1 14A,
Tax Lot 1100).
PUBLIC HEARING OPENED
(a) Associate Planner, Elizabeth Newton, made staff's recommendations for
denial of Variance V 5-82 and of Minor Land Partition MLP 3-82 based
on findings as follows: (1) the applicant does not meet the four
conditions for granting a variance as required in Code Section 18.76.020;
and (2) approval of the Minor Land Partition would be in violation of
Section 18.52.030 M.
(b) PUBLIC TESTIMONY
• No representative from NPO #6 was present.
• Applicant's Presentation - Attorney Steven Janick represented the
applicant. He outlined what course his client has taken concerning
application of the variance, staff's comments, previous Planning
Commission action on the property, and he responded to the four criteria
that must be met for approval of a variance. This discussion included
the applicant's inability to adequately develop the remaining vacant
portions of the site if additional lot area was required for Storer
Metro; implied approval of the lot area by the Planning Commission
during the Conditional Use hearing on March 2, 1982; NPO #6 approval;
unanimous approval by the surrounding property owners; and the total
suitability of the site for the development. Mr. Janick stated if this
site is not available, Storer would put the facility on a site in
Tualatin, whose ordinances are less restrictive.
PUBLIC HEARING CLOSED
(c) COMMISSION DISCUSSION AND ACTION
• All Commissioners felt Storer Metro did not meet the four conditions
for a variance and therefore they could not approve the request. All
agreed it was a good site for the development and the High School could
advantageously use the Storer Metro facilities for educational purposes.
• There was Commission discussion concerning the lack of latitude for the
approving of variances. A further concern was the difference between
M-4 and M-3 zoning.
! Commissioner Owens left: 11:02 P.M.
• Commissioner Speaker questioned the possibility of forwarding this matter
to the City Council because it appears to be a policy issue.
• President Tepedino preferred to take a stand on the issue before sending
it to the City Council. He and the Commission agreed that the use
as requested would benefit Tigard residents.
• Legal Counsel, Ken Elliott, felt the Commission should make a decision
on whether to grant or deny the variance or refer on to the City Council.
• There was additional discussion concerning the variance requirements.
® Commissioner Moen moved, and Commissioner Speaker seconded, to refer
item 5.7 V 5_821MLP82, Storer Metro, to City Council with a record
of the Planning Commission's consensus that it is a good location but
that it does not meet the very specific requirements of the ordinance.
Motion approved by 4-1 majority vote of Commission present, President
Tepedino voting Nay-
MEMORANDUM
V °
TO: Dor s Hartig
FROM: Diane Jelderks
SUBJECT: Pathfinder
Attached is a copy of the Planning Commission minutes from May 16, 1972,
requesting that $2.50 per square yard be deposited with the City for the
future continuation of the 5 foot wide greenway path.
This is the only documentation I could find referencing money to be paid
for this specific purpose. There is no record of this money every being
received. There is no further mention of this charge in subsequent
Staff Reports or minutes. (I might add the orig al subdivision request was
never recorded on index cards so that file could pulled for reference material)
John Hagman mentioned that Yolo subdivision might be involved with this bikepath.
After checking their file, I found a copy from the May 17, 1977 Planning Commission
referencing the bikepath. (see attached copy)
r
mom
V. OTBER
E'J•SS ! mac.
A. Subdivisions
ox-iT'a =1
"Pathfindertt (south side ci_ S^w bT�T�S
700 feet south of S.W. Wairkut St-)
1. Staff Recommendation
a.
'The staff, raccurierd..d aFPY"oval with conditior_s.
2. Commission Discussion a"-.d Ac tarn
a. Jim Harris, representing the aprl.irst, stated that
they ?gad an objection to the Easement in cc-ndltior_
number 5.
b. The Commissioners Stated trot condiii.n number 5
could be eliminated
C. Mr. Hartm,�n stated that lot 42 should be part of the
green�'ay.
d. Mx. 7fwis stated that lets 1, 2 and 3 could be duplex
lots if lot 17 vare changed to single family and lot
42 made part of tha greenvay.
e. It vas moved (Barkh-ar'st), seconded (S?verson) and passed
by unanimousvote of the Cc,-_mission present to approve
the request v th the fc"cwlag conaitions:
1.
That 5 feet be dedicated to the —,y along the
frontage of S.W. Fcnrer S`=eet for future street
improvements.
Qi
$2.50 per GTJare yard.be deposited vi
the
for the future continuation. of the 5 foot-
greenwav Path system tCough Tracts "A" and
(total deposit to be detFrmined by the c
3. That engineering plans and specifications sa371 be approved.
prior to accep,Mnce cf the Final. Plat.
4. Twat Tracts "A:' and "B" Sb--al be dedicated to the
City as part of the community's greenway system.
5• That the si ,iks be loca`ednext to the curbs,
and shallme:r_der around clus;er ed ma.?lboxps. Said
mailbox clusters shah be installed by the suodivider.
FSS 5 PC Minutes - May 16, 1972
__...... ..... I SUB. ( APPR. DATE
REFER TO TP.ACING FOR LATEST REVISION
i
A
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7 : 30 P .M.
Page 6
The lotting pattern as proposed envisions 15 lots from 8, 075
square feet to 12,000 square feet, with an average lot size of
9,277 square feet . This is within the three units per gross
acre limitation of the NP III .
In the area of Lot 14 a very small creek enters the site . When
the property to the south was given tentative subdivision ap-
proval, April 5, 1977, part of that proposal was to maintain the
open drainage, not culverted and extend a bicycle/pedestrian
Path to this property for connection to the City greenway sys-
tem- __. The- path. is projected. -.to follow the stream and-wil-1__end
at the southeastern edge of Lot 14. Concept of maintaining the
open drainage and connection to the greenway system should be
continued through this site. The applicant proposes to utilize_
a portion of the street as a subst� itute for constructing a- path-
H-a ' -in te rain - is appears o__lze__a cep-t_aSTe if
hTie
proper-:Ey-is si u lic - - - ------ -
NPO III reviewed the proposal in February and recommended ap-
proval of the 18 unit planned development , provided that sewer
easements are available for the parcels to the east and that the
greenway area be maintained as permanent open space .
CONFORMITY TO PRELIMINARY PLAN AND PROGRAM
1- "An easement be provided in the area of Lots 14 and 15 for
drainage and continuance of the bicycle path from Watkins
Place Subdivision . "
The proposed development plan incorporates the ten foot
pedestrian easement between Lots 14 and 15 and shows a re-
location of the drainage swale to occur between Lots 13 and
14 and then flow west to join the main stream and pass under
the Pathfinder Way extension through the culvert . No men-
tion is made of the continuance of the bike path from the
Watkins Place Subdivision .
2- "An overall landscape and building siting plan be included
in the general plan and program. "
Sheet 3 of the general plan includes a landscape and drain-
age plan which shows the vegetation to be removed and that
which will remain.
3- "Design for the signing and marking the bike path street
right-of-way be included in the general. plan and program. "