City Council Packet - 09/11/1989
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TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item should sign on the appropriate'
BUSINESS AGENDA sign-up sheet(s). If no sheet is available,
SEPTEMBER 11, 1989, 6:30 PM ask to be recognized by the Mayor at the
TIGARD CIVIC CENTER beginning of that agenda item. Visitor's
13125 SW HALL BOULEVARD agenda items are asked to be two minutes or
TIGARD, OREGON 97223 less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the
City Administrator.
6:30 o STUDY SESSION
7:30 1. BUSINESS MEETING
1.1 Call to order and Roll Call
1.2 Pledge of Allegiance
1.3 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less Per Issue, Please) f.
is
3. CONSENT AGENDA: These items are considered to be routine and may be i.
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
C Motion to:
3.1 Approve Council Minutes: August 14, 1989
3.2 Receive and File: Council Calendar
3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB)
Meeting: Authorize Contract for Engineering Services for the Durham
Road Bond Project; Adjourn LCRB; Reconvene Council Meeting
3.4 Appropriate Contingency Participation in the Tualatin Valley Economic
Development Corporation (TVEDC) - Resolution No. 89-
3.5 Set Garbage Rates for Roll-Out Containers - Resolution No. 89-
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4. CONTINUATION OF PUBLIC HEARING - A M4DMENT TO THE TIGARD MUNICIPAL CODE E
(TMC), a-1APTER 7.40 (NOISE) y
Amendments to the Noise Ordinance provisions of the TMC.
o Public Hearing Continued from August 14, 1989
o Summation by Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recam endation by Cammmity Development Staff
o Council Questions or Conments
o Consideration by Council: Ordinance No. 89-16
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COUNCIL AGENDA - SEPTEMBER 11, 1989 - PAGE 1
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5. PUBLIC HEARING - CITY CENTER DEVELOPMENT PLAN
Council consideration of an ordinance to adopt the City Center Development
Plan and consideration of a resolution to accept the City Center Report-on
the Plan. The City Center Development Plan study area is bordered by Hall
Boulevard on the east, Highway 99 on the north, Fanno Creek Park and O'Mara
Street on the south, and McKenzie and Hill Streets on the west.
o Public. Hearing Opened
o Declarations or Challenges
o Summation by the Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Community Development Staff
o Council Questions or Comrients
o Public Hearing Closed
k o Consideration by Council: Ordinance No. 89-
Resolution No. 89-
6. FINAL ORDER - COMPREHENSIVE PLAN AM24DNENT CPA 89-06 ASH AVENUE,
BURNBAM/TIGARD REALIGNMENT, NPO #1 - ORDINANCE NO. 89-
7. SECOND READING OF ORDINANCE NO. 89-22; ZONE CHANGE ANNEXATION ZCA 89-06
TAIRA-KLAUS CORPORATION (FORMERLY DANIEL) ; NPO #3
a Co miunity Development Staff
8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session
under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor
relations, real property transactions, and current and pending litigation
issues.
9. ADJOURNMENT
cca911
COUNCIL AGENDA - SE17T.MER 11, 1989 - PAGE 2
AGENDA UPDATE FCS2 C W COCtWM lnMMII1G OF
S PMOM 11, 1989
o STUDY SESSION - Agenda lamiew
1. BUSINESS NEETING - 6:30 p.m.
Jo & Sc Absent
2. VISITOR'S AGENDA - No visitors.
3. 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 by motion for discussion and separate action. Motion to:
3.1 Approve Council Minutes: August 14, 1989
3.2 Receive and File: Council Calendar
3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB)
Meeting: Authorize Contract for Engineering Services for the Durham
Road Bond Project; Adjourn LCRB; Reconvene Council Meeting
3.4 Appropriate Contingency Participation in the Tualatin Valley Economic
Development Corporation (TVEOC) - Resolution No. 89-70
3.5 Set Garbage Rates for Roll-Out Containers - Resolution No. 89-71
Ea/Ka UA
4. CONTINUATION OF PUBLIC HEARING - AN V'I' TO THE TIGARD MUNICIPAL CODE
(ZMC), CMP'M 7.40 (NOISE)
AmeATents to the Noise Ordinance provisions of the Im.
0 Public Hearing Continued from August 14, 1989
0 Consideration by council: Ordinance No. 89-16
Public hearing continued to a date u rxerta; n; persons who signed in to
testify will be notified of new hearing date. Staff to perffe m testing in
several areas to deferma+e if ardL nance can be effectively enforced.
5. PUBLIC HEARING - CITY CENTER DEVELOPMENT PLAN
Council consideration of an ordinance to adopt the City Center Development
Plan and consideration of a resolution to accept the City Center Report on
the Plan. The City Center Development Plan study area is bordered by Hall
Boulevard on the east. Highway 99 on the north, Fanno Creek Park and O'Mara
Street on the south, and McKenzie and Hill Streets on the west.
o Public Hearing Opened
0 Public Hearing Closed
o Consideration by Council: Ordinance No. 89-23 Ea/Ka Uk
Resolution No. 89-72 Ea/Ka UA
6. FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 89-06 ASH AVENUE,
BMU M/TIGARD REALIGNMIIU, NPO #1 - ORDINANCE NO. 89-24 Ea/Ka UA
7. SECOND READING OF ORDINANCE NO. 89-22; ZONE aimm ANNExATION ZCA 89-06
TAIRA-KLAUS CORPORATION (FORMERLY DANIEL); NPO #3
Ordinance No. 89-22 - Ea/Ka UA
COUNCIL AGENDA - SEPTHMER 11, 1989 - PAGE 1
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7.A NON-AGENDA
RESOLUPION NO. 89-73 - A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR
THE ACQUISITION OF CE LIN REAL PROPERTY FOR THE DEVELOPMENT AND
CONSIRUCTION OF D1PROVEMM AT SMUM AKE PARK AND THE FULL USE AND
ENJOMMU BY THE PUBLIC OF SUCH , AND AUIHORIZING THE
COM MUMON OF SAID REAL PROPEMY. RA/Ea ill
8. EXECUIM SESSION: The Tigard City Council went into Executive Session at
8:48 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor relations, real property transactions, and current and
pending litigation issues.
9. ADJOURNMENT: 9:00 p.m.
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COUNCIL AGENDA - SEPTEMER 11, 1989 - PAGE 2
TIGARD CITY COUNCIL
DING MINUIZS - SEPMOM 11, 1989
1. ILL CAIL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon and
Joe Kasten. Staff Present: Patrick Reilly, City Administrator; Keith
Liden, Senior Planner; Ed Mn:phy, Cmmunity Development Director; Liz
Newton, senior Planner; Tim Ramis, City Attorney; and Catherine
Wheatley, Deputy City Recorder.
2. STUDY SESSION:
a. Agenda Review
Noise ordinance. Council reviewed packet material with regard to
the Noise ordinance. Senior Planner Liden highlighted the main
issues and noted areas of amendment.
Councilor Eadon questioned enforceability of the proposal.
Community Development Director advised the ordinance should be
fairly easy to enforce; violations would be handled on a complaint
basis. The City Codes Enforcement Officer would be responsible for
following up on reported violations. Senior Planner Liden advised
that staff does not anticipate many cmiplaints.
After lengthy council discussion, consensus was that several
samplings of noise emissions should be taken throughout the City.
This way, council could better determine if the ordinance was too
stringent. Councilor Kasten suggested the noise readings taken to
determine how difficult it would be to maintain the one-hour
average values. He also suggested staff take the readings in areas
which were well known so the test results would have greater
meaning.
City Center Development Plan. City Attorney reviewed the packet
material suh itted to Council. Included in amertents to the Plan
was the clarification of the ending date; implementation must take
place within 16 years. Also he reviewed the procedures for making
minor and major amendments.
Non-Agenda. Cmmyunity Development Director noted a non-agenda item
with regard to a proposed resolution which would authorize staff to
ecummice proceedings for real property condemnation. The subject
property was located near Stmmerlake Park.
3. VI MORIS AGHIDA - No visitors.
ODWCIL MnWM - September 11, 1989 - Page 1
4. Q.'NSENr AGENDA:
4.1 Approve Council Minutes - August 14, 1989
4.2 Receive and File: Council Calendar
4.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB)
Meeting: Authorize Contract for Engineering services for the Durham
Road Bond Project; Adjourn LCRB; Reconvene council meeting
4.4 Appropriate Contingency Participation in the Tualatin Valley
Economic Development Corporation (TVEDC) - Resolution No. 89-70
4.5 Set Garbage Rates for Roll-Out Containers - Resolution No. 89-71
Motion by Councilor Eadon, seconded by Councilor Kasten, to approve the
Consent Agenda.
The motion was approved by a unanimous vote of council present.
5. C~Ti TIQd OF PpBUC HEARING - A 3Jf TO WE TIGARD M[WC.IPAL CODE
(Tim) , CHAPTER 7.40 (NOISE)
Amerrbnents to the Noise ordinance provisions of the TMC.
a. Public Hearing continued from August 14, 1989
b. Community Development Director reviewed this agenda item. He
referenced the Study Session discussion by City Council and noted
Council's desire to spend 30 days testing the specifications
outlined in the ordinance.
C. Mayor Edwards announced the public hearing would be continued to a
date uncertain. He advised all persons who signed in to testify at
this meeting would be notified of the new date and time once it has
been scheduled for the continuation of the public hearing.
6. PUEUC Hamm - CITY cENT R DEVFIJ FVRM PZ.MN
Council consideration of an ordinance to adur,t the city center
Development Plan and consideration of a resolution to accept the city
Center Report on the Plan. The City Center Development Plan study area
is bordered by Hall Boulevard on the east, Highway 99 on the north,
Fanno Creek Park and O'Mara Street on the south, and McKenzie and Hill
streets on the west.
a. Public Hearing was opened.
b. Declarations or challenges: None.
C. Summation by Coffm nity Development Director: Before Council was an
ordinance which would adapt the City Center Development Plan and a
resolution which would accept the acocnpanying City Center
Development Report. Council reviewed this material on April 10,
1989; since that time, council has looked at some changes to the
proposals. These changes included:
COUNCM MnRJTES -
Septanber 11, 1989 - Page 2
o A project was added which would extend Greenburg Road to Hall
Boulevard.
o Rage was added to strengthen the historic preservation
provisions.
o Two projects were deleted: 1) public restrocros in the
downtown, and 2) a ccacm mity center.
o Acceptance of draft relocation policies.
o Acceptance of a draft land-use statement which outlines types
of land uses for the downtown which would be encouraged to be
developed over time.
o Process implementation to change the Comprehensive Plan
Traffic Map for the proposed realignment of Burnham to Tigard
Street and the proposed Ash Avenue Extension. A proposed
ordinance, acccuplishing this change, would be before Council
later this meeting.
Ccmmmity Development Director advised meetings were held with
interested parties on August 2, 7, and 29. There has been further
discussion with Legal Counsel regarding the amendment section of
the Plan and language has been introduced which should be more
workable and clear.
{ The Plan, in essence, was a renewal plan intended to identify what
was necessary in the way of public capital projects and programs to
stimulate project investment and development in the downtown area.
Ccmmmity Development Director reviewed material which recapped
Revenue Sources, Expenditure by Type of Project, and those
Projects Funded by Tax Increment Funds Only.
The proposed ballot title would be presented to Council for their
consideration on September 25, 1989. Council would decide, at that
time, whether or not this Plan should be put on the November 7,
1989 Special Election Ballot. The voters would decide whether to
give Council the authority to use tax increment financing for an
urban renewal program. Voters would not be approving a levy; they
would not see this as a tax on their tax bill.
Cce=nity Development Director recounted additional steps needed
which included council appointment of an Advisory committee;
additional public education; refinement and adoption of final
relocation policies; implementation of an alignment study of
Walnut/Hunziker oommation (aka Ash Avenue Extension) and the
Tigard/Burnham connection.
Soave projects were already underway. The design and construction
of the Main Street Bridge was scheduled for next summer.
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COUNCIL NIINiTM - September 11, 1989 - Page 3
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Zoning and developTkent-design standards should be reviewed.
Because there will not be any funds available until there is some
increment generated, the first year would be devoted to
organizational activities:
o Establishment and education of the A&Visory Ccim ittee
o Establishment of "soft" programs which would include:
- building-loan programs
- relocation programs f
- marketing i;
Community Development Director recommended Council adopt the Plan
by ordinance and accept the accompanying report by resolution.
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d. Public Testimony
o Chuck Woodard, 10215 S.W. Walnut, Tigard, OR 97223 (also a
business owner at Burnham and Main Street). Mr. Woodward !
recapped the process from the time of the joint City Council
and Planning Commission meeting and subsequent meetings. He
advised he had testified in favor of the Plan, although there i
were several elements which were not to his liking. He
complimented the City Center Task Force noting they had done a
fine job.
He said the road program (Tigard/Burnham realignment and Ash
Avenue Ektension) had created considerable controversy. Mr.
Woodard said people have advised him they felt the traffic
plans were not workable and this concerns him. He emphasized
that he wanted the program, but feels that his concerns and
suggestions have not been heard or reviewed seriously. He
commented on the last public hearing wherein his testimony was
limited. He noted the growing opposition to the street
realignment plan by the Methodist Church.
He highlighted his areas of concerns with the traffic plan and
the impact it would have on existing businesses and homes.
Mr. Woodward said he did not have an opportunity to explain
his proposal during previous testimony. He noted concern that
he should receive acknowledgment and thoughtful review of his
proposal.
Mr. Woodard suggested the tran~~paY-tation portion of the Plan
be reviewed and another option for a traffic proposal be
identified. Because of the opposition to the current
proposal, Mr. Woodard said he felt the Development Plan would
be defeated at the November election.
Mr. Woodard spent some time outlining specific areas of the
transportation realignments which were of concern to him.
COUNCIL MIIQ[= - September 11, 1989 - Page 4
He concluded his remarks by saying: "I'm for it, let's do it
right."
o Sydney Hieb, Tigard Business Owner, 16285 S.W. 85th Avenue,
Tigard, Oregon, asked Council to vote for the City Center
Development Plan. She noted transportation problems
throughout Tigard and said it was imperative that the downtown
area be developed. Such development would benefit all of
Tigard's businesses; it was essential that this happens now.
o Pat Furrer, Attorney at 9185 S.W. Burnham and resides at 12270
S.W. 116th, Tigard, Oregon, testified he was chairman of the
urban Renewal Advisory Ccatmmittee when it was first put
together several years ago.
Zthe voters of the city had an opportunity to vote on the
urban renewal package, but the financing was defeated. He
noted Tigard was in some disappointing political times at that
point; the commitment of the Council and community was to
stop Tigard's growth. Because of this philosophy, he said
Tigard was 15 to 20 years behind the cities of Beaverton and
Tualatin.
Mr. Popper noted Council has an opportunity to complete their
commitment to support and bring the community forward. He
noted elements of the Plan, such as the transportation plan,
need to be fine tuned to be the least amount of impact to
individual property owners and the most beneficial to everyone
in the emammmity. He said these issues could be worked out.
Mr. Furrer acknowledged that the Plan would not, nor could it,
make everyone happy. The vast majority of people, however,
would like to see this area of the cc mu unity invigorated. He
pointed out that the voters entrusted each Council member to
work in the best interest of the City. He said he thought
Council had an obligation to fund and implement the
Development Plan. He noted Tigard possesses a great school
district and residential commmities; it is Council's
responsibility to take action to provide opportunities for
businesses to prosper.
He noted the charge in the community: Citizens were
receptive, intelligent, and responsible.
o Bob Moore, 12575 S.W. Gant, Tigard, Oregon, testified he does
not want to be opted to any proposal which would mean good
improv~nermt in the area. He noted concerns with the
transportation proposal; specifically, with signalization of
the Burnham/Tigard Street connection and accompanying problems
of traffic as affected by the railroad tracks. He also noted
opposition to the realignment of Walnut Street if it would cut
COUNCIL N DMZS - Septenu-er 11, 1989 - Page 5
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citizenry now has an opportunity to advise Council of their
feelings about the proposal.
Cm minty Development Director recapped the two-year process
which resulted in the recoa[mrendation that these changes be
implemented in the Traffic Map. The City Center is more than
just Main Street. rMe idea was that over the 16 year
mefranle-, mill0re cf take City Center would develop into a full
office and c mmexci.al area. Main Street, by itself, cannot
handle any increased traffic which was why there was a need
for review and implementation of traffic improvements (i.e.,
more access points or "portals" into the downtown).
community Development Director ackrx wledged Mr. Woodard's
suggestions. Mile these ideas were riot reviewed in great
detail, he said he thought they were looked at sufficiently to
determine problem areas or were discovered to not meet the
primary objective to bring another portal into the downtown.
Staff was proposing that a consultant be hired to help
determine exactly where the Pacific-99 to Hunziker alignment
should be. If it was discovered that it could not practically
be built, then the Council may choose to amend the Downtown
Plan. Ttie alignment study would give some of those answers
and would also determine which route would cause the least
disruption possible.
Coumunity Development Director noted Council had received
material which dealt with how the Plan would be amended in the
future. This clarification language dealt with the 16 year
time period, boundary changes, and addition of projects.
Minor amendments could be made without a vote of the people.
The definition of a major and minor ameribvent would be
stipulated in the Plan.
f. Public Hearing was closed.
g. Council ca nnents:
Mayor read a Septmber 11, 1989, letter mtmitted by
Councilor Valerie Johnson concerning the City Centex
Development. A copy of this letter is attached to these
minutes and, by reference, is made a part hereof.
Mayor conmmnted that he did not hear anyone speak against the
Plan nor had he heard most of the business community speak
against the Plan. However, he said he has heard a great deal
of the same concerns that Mr. Woodard presented. Mayor
apologized to Mr. Woodard for not expressing clearly enough
that he, too, shared many of these same terns. Mayor
COUNCIL, NIINUM - September 11, 1989 - Page 7
advised that he was tentative about the Walnut Ash Street
connection because of what this alignment would disrupt; i.e,
the Church and apartment couplexes.
Mayor explained that the proposal was not "carved in stone."
lice Advisory Committee, which would be appointed by Council
acting as the Development Agency, would provide opportunities
for concerned citizens to have further input into the process
for some fine-tuning efforts on the aligrmient of the streets.
He noted the Tigard downtown must have some transportation
relief and more portals for entrance/exit were essential. The
location of these portals was still to be determined. The
City must first have a framework developed (the Plan) to
present to the voters in order to initiate the redevelopment.
Mayor advised that, basically, the overall concept was
probably the best work produced in many years by a hard-
working group of citizens. He believed this was an essential
element for getting the cmumanity back on track; he was
concerned that Tigard was contirnruing to lose business to
nearby cities. This Plan would provide for a balance of
ccauercial, industrial, and residential areas in the city
which would assure Tigard citizens could continue to enjoy
low property taxes while receiving a high level of service.
Mayor reported he would be voting in support of both the
ordinance and resolution.
Councilor Eadon said she thought there had been some
misunderstanding. She advised the proposal for an Ash/Walnut
transportation corridor was a valid concept; one which she
supported. However, in order to determine where this
corridor should finally be built, a study was needed. She
hoped that individuals would be able to see further than this
element of the Plan; the revitalization of the downtown was
critical to Tigard's future. Getting in and out of the
camm ity was becoming increasingly difficult and would only
get worse if not addressed.
She advised she would also support the Plan because she
believed it was the right thing to do for Tigard. The work
was not done and Council action tonight should not signal to
anyone that Council was through working on this issue or that
the public input was now over. Much work with the public
would be needed before implementation can take place. If it
was determined that the Ash corridor, after further study,
does not mace sense, then that corridor would be removed from
the Plan.
Councilor Kasten noted that the Plan was the culmination of a
two-year effort that has had broad-based citizen support.
Representatives from all areas of Tigard have participated in
COUNCIL MINE= - September 11, 1989 - Page 8
creating the Plan which has been modified as they have
received input. He said the word "framework" instead of
"plan" may be a better terse. The Plan was framework that
would support, over the next 15 years, the revitalization, the
growth, and the develop wnt of the City of Tigard. The Plan
was not specific in every minute detail nor did he think it
could be. He advised that no one in the City was so wise that
they could accurately predict the future in as much detail
that scene critics of the Plan desired to hear. He said that
his conversations with esters in the ccatmmnity have resulted
in a show of overwhelming support for the concept for
revitalization of the City. He advised he would support the !
Plan. `
h. City Attorney advised that items to be included for amerxkrmt to
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the plan were submitted by staff to Council. These suggestions are
attached to these minutes (Attachment 2). He suggested the motion
for adoption include within it the statement that the items
included in this document be incorporated.
i. Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt
the proposed ordinance including the amendments as noted by the
City Attorney. 3
ORDINANCE NO. 89-23. AN ORDINANCE ADOPTING THE TIGARD CITY CENTER
DEVEIOPMENT PLAN.
The ordinance was adopted by a unanimous vote of City Council
present.
j. RESOLUTION NO. 89-72. A RESOLUKION ACCEPTING THE CITY CIP;ER
DEVELOPMENT REPORT.
Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt
Resolution No. 89-72.
The motion was approved by a unanimous vote of Council present.
7. FINAL CEDER - ~ ELM AMEN[IMENT CPA 89-06 ASH AVENUE,
M/TIGAM RFALIGMIEW, NPO #1 - CQRD7IIWKE M. 89-24.
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a. ORDINANCE NO. 89-24. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS
TO APPROVE AN AVHMMU TO THE COMPREHENSIVE PLAN TRANSPORTATION
MAP (CPA 89-06 ASH AVENUE AND BURNHAM/TIGARD REALIGNMENT) RDQUESTED
BY THE CITY OF TIGARD.
b. Motion by Council Eadon, seconded by Councilor Kasten, to adopt
Ordinance No. 89-24.
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The motion was approved by a unanimous vote of Council present.
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COUNCIL MnX71ES - Se
pteenber 11, 1989 -Page 9
8. SHMW READIM OF ORDINANCE NO. 89-22; WHE QEUM ANON ZCA 89-06
9WHM-I LADS lZ'ION ( -Y DANIEL) ; NPO 13-
a. Mayor noted that an individual had signed in on the Visitor °s
Agenda testimony sheet, to testify on this issue. After
confirmation from the city Attorney, mayor advised the opportunity
for testimony had been given at the public hearing on this issue.
No further testimony could be accepted on the issue.
b. Second Reading:
ORDINANCE NO. 89-22. AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE QWGE (ZCA 89-06) (TAIRA--KLAUS
CORPORATION; FORMERLY DANIEL) AND DECLARING AN EFFECTIVE DATE.
C. Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt
Ordinance No. 89-22.
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Zhe motion was approved by a unanimous vote of Council present.
9. NON-AG NM
a. Ccamunity Development Director reported that in the proposed parks
levy there was an additional two acres Council would like to see
purchased as part of the Smmerlake Park. The owner/developer of
the property has submitted construction drawings for review.
Staff was recc mnerxiing that since the developer would like to know
whether or not the city was interested in the property, a formal
offer should be made contingent upon the levy passing. If the levy
should fail to pass, the Council could withdraw that offer.
Submitted for council review was a resolution of intent to acquire
the real property for Sunmerlake Park improvements. Zhis would :
give staff and legal counsel the authority to make an offer and in f
the event an aunt cannot be reached, then the City would
prepare to acquire the property under eminent domain procedures.
b. RESOU)TION NO. 89-73 - A RESOLUTION DECLARING THE NECESSITY AND
RX POSE FOR THE ACQUISITION OF CUM" REAL PROPERTY FOR THE
DEVELOPMENT AND CONSrFd=ON OF IMPROVEMENTS AT PARK AND
THE FULL USE AND ENJOM0Nr BY THE PUBLIC OF SUCH , AND
ALLTHORIZING THE QONDEMMON OF SAID REAL PROPERTY.
C. Motion by Councilor Kasten, seconded by Councilor Eadon, to adopt
Resolution No. 89-73.
i
The motion was approved by a unanimous vote of council present.
C COUNCIL MDR)TES - Septe2nber 11, 1989 - Page 10
10. E BCOTM SESSIC : The Tigard City Council went into Executive Session
at 8:48 p.m. under the provisions of ORS 192.660 (a) (d), (e), & (h) to
discuss labor relations, real property transactions, and current and
pending litigation issues.
11. : 9:00 p.m.
APPXUM by the Tigard City Cot=il ON dGf"O Cf , 1989
City Recorder - City of Tigard
ATTEST:
- Ci Tigard
cw. cc m911
COUNCIL N M)TES - S
eptMmber 11, 1989 -Page 11
A1'$74C h M Pr74- /
lcll Cau #11 jnw s
September 11, 1989 40-F 47M fag •
The Honorable Gerald Edwards
Councilor Carolyn Eadon
Councilor Joe Kasten
Councilor John Schwartz
Dear Colleagues:
First, may I say only the most urgent of business matters would have kept me
from tonight's meeting. I deeply regret that I am unable to be with you to
discuss this important matter.
Our city center is in dire need of improved public improvements. The traffic
access and circulation is failing the present businesses and property owners.
Fanno Creek Park has viable potential to be a unique asset to the area, but is
currently only developed to a minimal extent. And to be a viable commercial
district, the city center must have improved street lighting, additional
parking, adequate pedestrian pathways. Those improvements are not possible
from our current general fund revenues.
Tigard has considered the issue as a community at considerable length. The
City Center Task Force worked responsibly for over one-year-and-a-half to
present their proposed City Center Plan to us for Council consideration. our
citizens' committees, the Transportation Advisory Committee and the Planning
Committee, have both reviewed and endorsed this plan.
Nearly eighty participants of the Fanno Creek Conference, 1988, voted
overwhelmingly to support the revitalization of downtown.
And finally, my personal conversations with dozens of individuals over the past
3 years on this matter has been strongly in favor of downtown redevelopment and
revitalization.
Therefore, fully realizing that many of the details will be determined in
future years as funding becomes available, I urge you to vote unanimously
tonight to place the question of tax increment financing before the residents
of Tigard in November 1989.
I firmly believe aar citizens want to provide an opportunity for our city
center to enjoy the rapid growth and value increases happening in the rest of
our dynamic city. These improvements will benefit not only the business owners
and the property owners in the city center area, it will also benefit every
property owner in Tigard by carrying a greater share of the tax base/property
tax burden.
We have a wonderful city with only exciting possibilities. I offer my strong
opinion in favor of the same bright, successful future for our downtown.
Please, vote in favor of this mater. My best regards to each of you.
Yours very truly,
/s/ Valerie A. Johnson
cw/ccdev-jo
City COO-mel l ~~n~~-mss 5
alp gl~9~s9.
MEMO
909/.89
TO: City Council
FM: Duane Roberts, Administrative Planner
SUEUECT: Tigard City Center Development Plan and Report
Please find enclosed the following emendations to the above-mentioned
documents:
Amendment
City- Center Development Plan: Page No,
p. 20, item 1 a change in the description of the proposed Ash Avenue 1
extension and improvement project
between pp: 23 a new map showing more clearly the alignment of the 2
& 24, Exhibit "8" proposed Ash Avenue extension
p. 24, section 602.C(2), new language proposed by the City 3 - 4
p. 35, sections 1200, 1201, & 1202 Attorney dealing with changes to the
p. 37, section 1301 Development Plan
City Center Development Report:
p. 22, Table 8 under 1. Ash Avenue, the 3,200 listed for City G.O. bonds 5
is revised to 3,120; 80 in tax increment funding is added
to the funding source column
p. 25, Table 9 under 1. Ash Avenue, 2,700 in tax increment is revised to 6
3,300; in the total cost column, 4,000 is revised to
4,600
Amendmmt Pg. No. 1
STREETS AND TRAFFIC (listed alphabetically)
1. Ash Avenue. Extend and improve Ash Avenue to provide a connection between
the Walnut/Pacific Highway intersection and the Hunziker Street/Hall
Boulevard intersection, following the approximate alignment of the
existing Ash Avenue in the Development Area.
20
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act aling~nt to be dete~yned)
Sty..t Realtor ctea
ga,11 Zu Ts~Psov~n t and Lapp=Y S determLood)
2 Street Rnhancemen ~aP),ng anon t° be
varnbAO Street aY x l ee
Monte ro'
tgeclCian Top eMe-OL, determined
as
to and Pang Pa ili tB (,=act a ceg pt dete~lued)
Public Pas speeiaenon "Sisterlocation to be
ed)
® 7.9 A~euue uaW. nts eet to be detesm
wild9 a StseeetRam P t asd t ilocation
Sig a e loPme
` pComane Pobl squ c0e
Tig-rd 0, ~ulgaasd Erb
Amencakent vaye rxu. J
O'DONNELL. RAMIS. ELLIOTT & GREW
ATTORNEYS AT LAW
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
C (5031 222-4402
DATE September 7, 1989
To Ed Murphy, Director of Community Development, City of Tigard
FROM Timothy V. Ramis, City Attorney's Office
RE Urban Renewal Amendments
t
Based upon our earlier discussion, I propose the following
a-Aendme>zta to the June 1, 1989, draft of the Tigard City Center
Development Plan.
Section 602() should be completely replaced with the
f411owing language:
!'Where property to be acquired is part of a new
project, such acquisition shall be regarded as a
substantial change and shall comply with the procedures
of this Plan as set forth in section 1202(A)."
Section 1200 should be completely replaced with the
following language:
"Section 1200 - Procedures to Change or Amend the
" Approved Cry Center Development Plan. This Plan will.
be reviewed and analyzed periodically and will continue
to evolve during the course of its implementation. The
Plan may be changed, clarified, and modified or amended
as future conditions warrant, subject to the following
procedures:"
"Section 1201 - Minor Changes. Any change that is not
a substantial change, as defined in section 1202 below,
shall be proposed by resolution of the Development
Agency in which the details of the minor change or
changes shall be described. For example, Minor Changes
include but are not limited to the identification of
specific properties to be acquired for approved public 4
capital improvement projects, if different from those
properties identified in Exhibit B. (See section
602(A); and properties identified through the adoption
of the Property Acquisition Policy (see section
602 (8)) "
}
1
Amendment Page No. 4
Memo re Urban Renewal Amendments
S6ptember 7, 1989
Pige - 2
"Section 1202 - Substantial Chances.
A. Substantial changes Rgquiri13c1Council Approval.
The following changes shall be considered
substantial changes to the Plan and shall be
approved by the City Council by nonemergency
ordinance, pursuant to ORS 457.095, after public
notice and a hearing:
i 1. Implementation of land assembly to
s coordinate private construction within
the development area;
2. Improvement program activities that
i amend or add to the activities listed in
section 601 (19)-(22).
B. Substantial Changes Recruiring Voter Approval.
The following changes shall be considered
substantial changes to the Plan and shall be
approved by the voters of the City if required by
applicable charter provisions, after being
approved by the City Council in the manner set
forth is section A above:
1. Increases in the land area within the
boundaries of the development area;
2. Increases in the duration of the Plan as
described in section 1301;
3. New projects as defined in section 212
which are public capital improvement
! projects."
Section 1301 - Duration of Development Plan should be
am nded to read:
' "This Plan shall remain in effect for a period of not
more than 16 years from the effective date of this
Plan. The Plan may be terminated prior to the time set
forth above, subject to the requirements of ORS 457, if
the City council finds that there is no longer a need
for an urban renewal plan."
Ammdaent Page No. 5
401.1
Table 8
Projects, Costs & Funding Sources
Period: Fiscal Years 1996-2000
(Amounts in Thousands)
Project/ActWrt Funding Source Total Gost*
1. Ash Ave. Impr. - Walnut to Burnham $ 2.000 LIA Assmts
3,120 City G.O. Bonds $ 5,200
.80 Tax Increment
2. Building Rehabilitation Assistance 60 Tax Increment 60
3. Commercial SL Impr. - Main to Hail 300 L1.D. Assmts.
200 Tax Increment 500
4. Entryways, Landscaping, Public Art 60 Tax Increment
20 Private Grants 80
5. Fanno Park Development - Phase 111
(Master Plan H.9 - H.13) 252 Tax Increment 252
6. Pack Highway Ramp to Tigard St. 5,600 Dept of Transp. 5,600
7. Public Parking Structure - 500 cars 3,500 Tax Increment 3,500
8. Tigard Public Square Development 1,500 Tax Increment 1.500
Period Total $16,692
*Note: Project costs reflect 4% per year inflation cost increase over current cost estimates
Period 1996-200 Revenue Summary
Tax-Increment Revenues $ 5,652
City Capital Levy or Bond Issue 3,120
Commercial St LI.D_ Assmts 300
Ash Avenue LI.D. Assessments 2,000
State Dept. of Transportation 5,600
Private, State and/or Metro Arts Comm. Grants 20
Total Revenues $16,692
Note: it is estimated that about 60% of the Commercial St. improvements
can be assessed to benefitted properties. Only about 40% of the Ash
St. improvement can be assessed due to major expenditure on
section bridging Fanno Creek Park.
C
22
A¢iericIment Page No_ 6
401.C
Table 9
Projects, Costs & Funding Sources
Period: Fiscal Years 2001-2005
(Amounts in Thousands)
Project/Ac?ivity Funding Source Total Cost*
1. Ash Avenue - Bumharh to Hall Via Scoffins $1,300 Assmts
(Phases If & 111) 3,300 Tax Increment $ 4,600
2. Building Rehabilitation Assistance 100 Tax Increment 100
3. Greenburg Road Extension 1,500 Tax Increment 1,500
4. Hall Boulevard - Pacific Highway 4.500 Dept of Transp.
to Fanno Creek 1.600 L.I.D. Assmts
2,400 Tax l.,.xement 8,500
5. Pedestrian Weather Protection 100 Tax Increment 100
6. Public Art 29 Tax Increment
50 Grants & Donations 79
7. Public Parking Facilities 500 Tax Increment 500
Period Total $15,379
*Note: Estimated costs for projects in this period include annual inflation factor of 4% over current year
cost estimates.
Period 2001-2005 Revenue Summary
Tax Increment Revenues $ 7,929
State Dept. of Transportation 4,500
Local Improvement Dists.(L.I.D.) Assmts 2,900
Arts Commission & Private Grants for Art 50
$15,379
25
I
TIMES PUBLISHI PANY Legal
P.O. BOX 370 OR E (503) 684-0360 Notice 7-6361
BEAVERTON, 1989 A ~r
a t ?,~,A'~ ~Y r
Legal Notice AMONJAW
City of Tigard • ,Y exnr
❑ Tearsheet Notice RECEIVED
P. 0. Box 23397 4.,» s f r -=f
t±po selected agenda tis are published your uiforn
i% bb
• Tigard, OR 97223 • ❑ Duplicate Affidavit SP Q 8 198 u0 n~ Hallon
y`M*1-'_' ofn thety
r CITY OF TI6111lD mg 63<r Y
fi 3d~ SESMODN ~7 O FTvl Bt1$~
,~~z a TiG ~ yap s x 'x $V ,
^ 131 Sys T'PLI,t 0
AFFIDAVIT OF PUBLICATION •#Pnlil~' k'lrt ±s 4 F'
F h J' c¢ ~'i 'c '~-+a+~n Tx rc
STATE OF OREGON, ) f. s.Con „ q~oi PudHeat t 4 to'tirc; Muntcipai
COUNTY OF WASHINGTON, )ss'
I, Dortha Marty City V~ PAW s t y
being first duly sworn, depose and say that I am the Advertising 4 Ce tderpttOttt4 , int
Director, or his principal clerk, of the Tigard Times r f titer
hens ►e ~d[i y' LO 4
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the u1 g T#
j, o
afor s 'd c`o n and to tha the s one Y FaA8r9.0~-
~iy nci~ ~~gu ar Meeting m WFif 5'9sms!
~k
$xecutrvej r,o~ nar
a printed copy of which is hereto annexed, was published in the
<&k ~:~'ta d~u~sl
entire issue of said newspaper for One successive and ri ' 'e r 2
consecutive in the following issues:
September 7' 1989 nZTb3 Ptibus~tStefn
Q)22 /2 OA~l l 1 ' -
Subscribed and sworn to be re me this8th of September, 1989
Notary Public for Oregon
My Commission E pi s: 6/ 9/ 9 3
AFFIDAVIT
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
C~-• j o-f T gb.r d Or•di n ca n C ('s AID-s- Sri- aa; S- - a3 and
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, ~~ah~(1-L~ being first duly sworn, on
oath, depose and say:
That I posted in the following public and conspicuous places, a copy of
ordinance Number(s) fql--aa 9-a3 84^ay
which were adopted at the Council Meeting dated t
copy(s) of said ordinance(s) being hereto attached and by reference made a
part hereof, on the 15_ day of S r p+Q-MbQj,- , 1989.
1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon.
2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon
3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and
S.W. Durham Road, Tigard, Oregon
Subscribed and sworn to before me this day of 1e 9 0 17
CL,
Notary blic for Oregon
> My Commission Expires: C
A AGENDA.tTEM H 2 VISITOR'S.. AGENDA DATE 9/11/89
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
-44 O S uJ % 3S r7
g4 ZZ
DATE September 11, 1989
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
R, IONS.
PERSONS WILL BE ALLOWED 10,
~
Item Description: ac
AGENDA IT1 ND. 4 - A 1T _M TM TIGARD PKMCZPa
C ME CHAPrTM 740 (NDISE)
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation/
~f 0VZ ~t72
DATE September 11, 1989
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS.
'G~ -A •°I'1t~9:BD::"
Item Description:
M:,5 - CITY .CTNPB~t PLAN
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
t3.
SEP 11 189 19:05 DC WA 1758 HOTELECOPY HOLIDAYINN P.1
S.
TRA11dSMlTm COVER sHEET
® Mail" When You Can't AffordM
to Wait Overnight . . .
TO: ~ DATE TIME -7:M
Name : lfJ ~~i'
Company: .2
Room Coun ry . PHONE# l (1J ~.T~=~1
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FRO FAX
Name
n&r_A,
PHf11'F a
Company: Hotel Name: Room #
SPECIAL INSTRUCTIONSs
TOTAL, PAC~i ES ~Z INCLUDING THIS COVER SHEET
(Customer not charged for Hotelecopy Cover Sheet)
Liability Limitations
Neither Hotelecopy nor any Hotelecopy Member guarantees or in any way represents or warrants the information transmitted or received.
Customer acknowledges and agrees that the service provided by Hotelecopy and/or Hotelecopy Member consists soley of providing a network
for Facsimile Transceiver Equipment and the Equipment itself and that neither Hotelecopy nor any Hotelecopy Member is in any way
responsible or liable for errors, omissions, inaccuracy, delays or interruptions in the information transmitted or received or for any damages
resulting therefrom whether or not Hotelecopy and/or any Hotelecopy Member or the Equipment is responsible for such errors, omissions,
inaccuracy or interruptions. In the event a transaction error is attributable to Hotelecopy, a Hotelecopy Member or to the Equipment,
Customer shall be entitled only to a refund of the cost of the transaction. The refund shall be in lieu of any other damages or remedies against
Hotelecopy and Hotelecopy Member.
I AonCC TO PA',' THE RATES LISTED deLOW Furl rAx MAIL uVGUMhN I S AT THIS HOTELECOPY LOCATION AND ACCEPT THE
LIABILITY LIMITATIONS AS DESCRIBED ABOVE.
Quest Signature: Date:
Thank you for using ®Hotelecopy Fax MailsM. For a complete listing of our locations
throughout the U.S., call us toll-free at 1-800-322-4448, Ext. 50 and ask about our
Fax Mail directory.
This is a schedule of Hotelecopy's prices, and SHOULD NOT be used as an invoice.
1 T ~HotelecoW Fax Mair Associate Non '
py
Char es for Reception and Transmission Guest Member Guest 'o
MnIL
To send first 5 pages $12.00 $10.00 $14.00 Y
r 1
To receive first 5 pages $6.00 $5.00 $7.00
An additional pages $1.00 per page Plus phone Charges & Taxes
Method of Payment: Cash ❑ Charge to Room ❑ Master Acct. ❑ Credit Card ❑
0 1989 b Hotelecopy, Inc. - Plan 7
SEP 11 '89 18:06 DC WA 1758 HOTELECOPY HOL ID4YINN
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CITY CENTER
DEVELOPMENT ff
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PLAN
JUNE, 1989
k
PREPARED BY MOORE BREITHAUPT AND ASSOC. c
E
CITY COUNCIL CITY CENTER PLAN TASK FORCE t
E
r
i
Gerald Edwards - Mayor Stuart K. Cohen, Chair.
Valerie Johnson R. Michael Marr - Vice Chair
Carolyn Eadon Joy Henkle
John Schwartz Pam Juarez
Joe Kaston Richard Morley
Jolynn Ash - Former Member
William A. Monahan - Former Member
PROJECT STAFF
Ed Murphy - Community Development Director
Liz Newton - Senior Planner I
Duane Roberts - Assistant Planner
F
Z
r 1 r
TABLE OF CONTENTS
100. INTRODUCTION 1
200. DEFINITIONS 3
300. LEGAL BOUNDARY DESCRIPTION 7
400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY FOR
THE CITY CENTER DEVELOPMENT PLAN 10
500. LAND USE PLAN 16
600. DEVELOPMENT PLAN ACTIVITIES 19
700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS 29
800. ANNUAL FINANCIAL STATEMENT REQUIRED 31
900. CITIZEN PARTICIPATION 32
1000. NON-DISCRIMINATION 33
1100. RECORDING OF PLAN 34
1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED
CITY CENTER DEVELOPMENT PLAN 35
1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 37
i
CITY OF TIGARD
CITY CENTER DEVELOPMENT PLAN !
I
i
SECTION 100. INTRODUCTION
r
i
Tigard, like many other small cities near major central cities, experienced rapid growth
and development during the 1950-1980 period. Small village-type retail centers, like those
along Main Street, became just one of several commercial developments as new
automobile-oriented shopping complexes and "strip commercial" development occurred
along and near major arterial streets and highways.
In this process the former focal point or "downtown" represented by the Main Street area
has been diluted. Much of the newer development in the Main Street area has not been
consistent with retaining or enhancing a "downtown" focus or identity. The existing street I
t
system In and around the area has not been upgraded nor maintained in a condition to
encourage new downtown type businesses or expose the area to potential customers.
The cumulative result of all these changes is an area that has been designated in city
plans and zone maps as Central Business District but which has little of the character of
such and too few of the physical facilities to encourage its becoming a Central Business
area. City Council, in recognition of this inconsistency, appointed a City Center Plan
i
Task Force in 1987 to examine the situation and to recommend to the City Council steps
i
to improve the area and enable Tigard to again have an identifiable City Center. The
Task Force has been aided by considerable staff work plus consultant studies of
transportation, parks, urban design, market analysis and financing. This City Center
Development Plan is the summation of the Task Force's work over the past 18
months, and incorporates most of the Task Force recommendations to the City Council.
1.
1
17
. 1 1 1
1 1
The Task Force envisions a future City Center of vitality and identity with a park-like
atmosphere.
The Plan has been prepared under the direction of the Task Force in conformity with
certain provisions of state law contained in Article IX of the Oregon State Constitution
and Chapter 457 of the Oregon Revised Statutes which enable this Development Plan to
utilize helpful tools provided for in state law in pursuit of Plan objectives.
110. CITY, AGENCY AND ADVISORY COMMISSION
The Governing Body (Council) of the City of Tigard on February 13, 1989, by Ordinance
No. 89-05, declared that blighted areas exist within the City and that there is a need for
an urban renewal agency to function within the City. The City Council, by approval of
Ordinance No. 89-05, declared that all powers as provided by law in an urban renewal
agency be exercised by the Council of the City of Tigard, acting as the urban renewal
agency and that it be officially known as the City Center Development Agency.
r
The relationship between the City of Tigard, an Oregon Municipal Corporation, and the
City Center Development Agency shall be as contemplated by Chapter 457 of the Oregon
Revised Statutes. Nothing contained in this Plan, nor the City's supplying of services or
personnel, nor the budgeting requirements of this Plan shall In any way be construed as
departing from or disturbing the relationship contemplated by ORS Chapter 457.
Further, the Council, in Ordinance 89-05, created a City Center Development
Commission. The purpose of the Commission is to assist in implementation of thls City
Center Development Plan, to make recommendations to the City Center Development
Agency, and to help inform Tigard's citizens, particularly persons doing business, owning
property or residing in the City Center Development Area, of Plan's content and activities.
2
f
~ t
. 1 I 1
f 1
1
SECTION 200. DEFINITIONS
As used in this Plan, unless the courts require otherwise, the following definitions shall
apply.
201. "ADVISORY COMMISSION" means the City Center Development Advisory e,
Commission-a citizens committee consisting of from seven to 12 members
appointed by the Tigard City Council.
202. "AGENCY" or "DEVELOPMENT AGENCY" means the City Center Development
Agency which, in accordance with provisions of Chapter 457 of the Oregon
Revised Statutes, is the designated Renewal Agency of the City of Tigard.
203. "AREA" or "DEVELOPMENT AREA" means the geographic area of the. City which
encompasses the City Center Development Area conceived pursuant to provisions
of ORS Chapter 457 and as described in Section 300, herein.
204. "BOARD OF COUNTY COMMISSIONERS" means the governing body of
Washington County, Oregon.
205. "BLIGHTED AREAS" means areas which by reason of deterioration, faulty
planning, inadequate or improper facilities, deleterious land use or the existence
of unsafe structures or any combination of these factors, are detrimental to the
safety, health or welfare or the community. A blighted area is characterized by
the existence of one or more of the following conditions:
A. The existence of buildings and structures, used or intended to be used
for living, commercial, industrial or other purposes, or any combination
of those uses, which are unfit or unsafe to occupy for those purposes
because of any one or a combination of the following conditions:
1. Defective design and quality of physical construction;
2. Faulty interior arrangement and exterior spacing;
3. Overcrowding and a high density of population;
' 3
C 4. Inadequate provision for ventilation, light, sanitation, open spaces
and recreation facilities; or
5. Obsolescence, deterioration, dilapidation, mixed character or
shifting of uses;
B. An economic dislocation, deterioration or disuse of property resulting
from faulty planning;
C. The division or subdivision and sale of property or lots of irregular form
and shape and inadequate size or dimensions for property usefulness and
development;
D. The layout of property or lots in disregard of contours, drainage and
other physical characteristics of the terrain and surrounding conditions;
E. The existence of inadequate streets and other rights-of-way,-open spaces
and utilities;
F. The existence of property or lots or other areas which are subject to
inundation by water;
G. A prevalence of depreciated values, impaired Investments and social and
economic maladjustments to such an extent that the capacity to pay
taxes is reduced and tax receipts are inadequate for the cost of public
services rendered;
H. A growing or total lack of proper utilization of areas, -resulting in a
stagnant and unproductive condition of land potentially useful and
valuable for contributing to the public health, safety and welfare; or
1. A loss of population and reduction of proper utilization of the area,
resulting in its further deterioration and added costs to the taxpayer for
the creation of new public facilities and services elsewhere.
206. "CITY" means the City of Tigard, Washington County, Oregon.
207. 'CITY CENTER DEVELOPMENT AREA' means the area as shown in the Map and
as designated in the legal description found in Section 300 of this Plan.
4
208. "CITY COUNCIL" or "COUNCIL" means the governing body of the City of Tigard.
209. "COMPREHENSIVE PLAN" means the Land Use Plan of the City of Tigard
including all of its policies, procedures and implementing provisions.
210. "COUNTY" means Washington County, Oregon.
211. "EXHIBIT" means an attachment of narrative, map or other graphic, to this
Development Plan and contained herein.
212. "NEW PROJECT" means a project that has a substantially different function than
the project it replaces and has significant economic, environmental, social, or
physical impacts not previously considered by the Development Agency. Minor
changes in design, function, or cost shall not constitute a " new project".
213. "ORS" means Oregon Revised Statutes (State Law). ORS 457 is the chapter
which regulates the urban renewal of blighted areas within the State of Oregon.
214. "PLAN" or "DEVELOPMENT PLAN" means the City Center Development Plan, an
Urban Renewal Plan of the City of Tigard, Oregon prepared incompliance with
Chapter 457 of the Oregon Revised Statutes.
215. "STATE" means the State of Oregon including its various departments, divisions
and agencies.
216. "TAX INCREMENT FINANCING" means a method of financing indebtedness
incurred by the City Center Development Agency in preparing and implementing
the Development Plan. Such Tax Increment method is authorized by ORS
sections 457.420 through 457.450 and provides that the tax proceeds, If any,
realized from an increase In the taxable assessed value of real, personal and
public utility property within the Development Area above that existing on the
County tax roll last equalized prior to the filing of this Plan With the County
Assessor, shall be paid into a special fund of the Agency. Such special fund shall
be used to pay the principal and interest on indebtedness incurred by the
Agency in financing or refinancing the preparation and implementation of the
approved Development Plan.
5
217. 'TAXING BODY" means any of the public jurisdictions which levies ad valorem
taxes within the boundaries of the Development Area.
218. "URBAN RENEWAL LAW" means Chapter 457 of the Oregon Revised Statutes as
same exists on the effective date of this Urban Renewal Plan or as same may be
amended from time-to-time by action of the Oregon Legislature.
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SECTION 300. LEGAL BOUNDAR`! DESCRIPTION
301. The legal description of the boundaries of the Development Area are:
A tract of land in the southeast quarter of Section 35, Township 1 South. Range
1 West, Wiilamette Meridian, and Section 2, Township 2 South, Range 1 Wes,
Willamette Meridian, City of Tigard, Washington County, Oregon, being described
as follows:
Beginning at the northwest corner of Lot 28, Chelsea Hill, a recorded plat,
Washington County Plat Records; thence North 43°02'31" West, 235.81 feet to the
most northerly corner of Lot 54, Chelsea Hill No. 2, a recorded Plat, Washington
County Plat Records; thence South 42°58'08" West, 165.14 feet to the
southwesterly right-of way line of SW Hill Street; thence North 43°36' West, on
said southwesterly right-of way line and its northwesterly extension, 684.24 feet
to the southeasterly line of Lot 20, Viewcrest Terrace, a recorded plat,
Washington County Plat Records; thence North 38°25'05" East on said
southeasterly line approximately 20 feet to the most easterly corner of said Lot
20; thence North 43°35'40" West, 455.22 feet to the most tiortherly corner of Lot
16, said Viewcrest Terrace; thence North 44°10' West, 546.0 feet to the
southeasterly end of SW McKenzie Place (a 40' wide roadway dedicated to the
public in Book 879, Page 212, Washington County Deed Records); thence South
45°55' West,26.68 feet to the most southerly corner of said SW McKenzie Place;
thence North 44°07' West on the southwesterly line of said SW McKenzie Place
and its northwesterly extension approximately 359 feet to he northwesterly right-
of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly,
on said northwesterly right-of-way line, approximately 1735 feet to the most
easterly corner of that parcel shown on County Survey #10102, Washington '
County Survey Records; thence northwesterly, on the northeasterly line of said
parcel, 20.28 feet; thence continuing on said parcel boundary the following e
courses; northeasterly 11 feet, and North 52°08" West, 98.15 feet to the
southwesterly right-of-way line of SW Tigard Street (County Road 767); thence
North 65°49' West, on the southwesterly right-of-way line of said SW Tigard
Street, approximately 785 feet to the southeasterly right-of-way line of SW Grant E
Avenue (County Road 1496); thence northeasterly, approximately 240 feet to the j
most westerly comer of Lot 7, Marlell, a recorded plat, Washington County
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Survey Records; thence southeasterly, on the northeasterly right-of-way line SW
Commercial Street, approximately 950 feet to the southeast line of the John
Hicklin DLC No. 37; thence North 45°18' East on said DLC line, approximately
300 feet to the southerly right-of-way line of SW Center Street (County Road 972,
being 40 feet wide); thence South 68°20' East, on said southerly right-of-way line,
approximately 180 feet to the southwesterly extension of the southeasterly right-
of-way line of SW Center Street (County Road 1365, being 50 feet in width);
thence northeasterly, on said southeasterly right-of-way line, approximately 500
feet to the most westerly comer of Lot 7, Block 1, Kingston, a recorded plat,
Washington County Piat Records; thence South 44030' East (on the southwesterly
line of said Lot 7), approximately 60 feet to the northerly right-of-way line of State
Highway 99W (SW Pacific Highway); thence northeasterly on said northerly
highway right-of-way line, approximately 1110 feet to the southerly extension of
the east right-of-way line of SW Hall Boulevard at its point of intersection with the
southerly right-of-way line of said State Highway 99W, thence southerly on the
east right-of-way line of said SW Hall Boulevard, approximately 4380 feet to its
intersection with the easterly extension of the south right-of-way line of SW
Omara Street; thence westerly, on said south right-of-way line, 514.89 feet to the
east right-of-way line of SW Edgewood Street; thence South 3°57'38" West, on
7
said east right-of-way line, 185.92 feet to the easterly extension of the south right-
of-way line of SW Omara Street; thence North 8757' West, on said south right-
of-way line, 323 feet to the southerly extension of the east line of Chelsea Hill,
a recorded plat, Washington County Plat Records; thence North 3°36'30" East,
on said east line, 571.12 feet; thence North 65°54'27" East, on said east line,
571.12 feet; thence North 65°54'27" West 74.22 feet; thence South 48°00'32" West,
89.36 feet to the north right-of-way line of SW Chelsea Loop; thence, westerly on
said north right-of-way line, on a 140 foot radius nontangent curve concave to
the south (the chord bears North 78°37'14" West, 167.06 feet), thence North
62°27'01" West, 149.70 feet; thence South 75°00' West, 90.00 feet to the point of
beginning.
301. Exhibit A. Map of Development Area which shows the area encompassed by the
foregoing legal boundary description.
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SECTION 400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY
FOR THE CITY CENTER DEVELOPMENT PLAN.
401. MISSION STATEMENT
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The mission of the Development Agency is to strengthen the economic vitality j
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of the City Center of Tigard by eliminating blighting conditions and to create a
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sense of place and identity as the "Heart of the City" - a vital center of social.
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cultural, economic and political activity.
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402. GOALS
To accomplish its mission the Development Agency will implement this City
Center Development Plan, the goals of which are:
A. To remove limitations to economic growth in the City Center area
created by existing blighting conditions so that vacant and
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underdeveloped properties can realize their full market potential and be
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utilized to their highest and best use consistent with other goals of the
City Center Development Plan;
B. To encourage and enhance opportunities for commercial, residential
and select industrial property to be developed and improved in the City K
Center with an emphasis on establishing a visible and economically active
City Center. j
C. To encourage multi-family housing in the City Center to actively
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support commercial development, and add to visible people activities and
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movement associated with commercial, social, cultural and recreational
activities in the City Center,
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M , D. To retain and expand existing businesses in the City Center area to
be compatible with the Development Plan;
E. To provide pedestrian and vehicular transportation access and
circulation systems which support development of the City Center in
accordance with the Development Plan;
F. To encourage a more efficient public transportation system to support
the residential and employment population in the City Center;
G. To ensure that infrastructure and other public facilities within the City
Center are adequate and timely to accommodate current and future
development; i
H. To provide a network of public and private open spaces adaptable to
a wide variety of uses. Extend the network of open space from Fanno
Creek Park throughout the City Center to develop the theme of "the City
in the Park";
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1. To create an atmosphere which is attractive and encourages investment
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in and occupance of business and residential properties in the City
Center.
J. To ensure that the protection of significant historic and cultural
resources is considered in implementation of the City Center
Development Plan.
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403. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES
This Plan is intended to further the objectives of the City Comprehensive Plan.
Further this Plan is intended to improve land uses, traffic flow, access to and
from the Development Area, and improve streets, sewers, storm drain systems,
park areas, public parking and other public facilities.
404. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
This Plan has been prepared in total conformity with the City's adopted and
acknowledged Comprehensive Plan including its goals, policies, procedures and
implementing provisions. Comprehensive Plan policies which apply to this plan
are as follows:
Citizen Involvement
2.1.1. The City shall maintain an ongoing citizen involvement program and shall
assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
Parks, Recreation and Open Space
3.5.3. The City has designated the 100-year floodplain of Fanno Creek, its
tributaries, and the Tualatin River as greenway, which will be the backbone of the
open space system. Where landfill and/or development are allowed within or
adjacent to the 100-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
3.5.4. The City shall provide an interconnected pedestrian/bikepath throughout
the City.
3.6.1. Individual park rites, as defined by the Parks and Open Space standards
and classification system shall be developed according to the following priorities:
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b. parks should be planned to insure maximum benefit to the greatest
number of local residents. For this reason, acquisition and development
of community level parks should be given the highest priority.
3.7.1 The City shall identify and promote the preservation and protection of
historically and culturally significant structures, sites, objects and districts within
Tigard.
Economy
5.1.1. The City shall promote activities aimed at the diversification of the
economic opportunities available to Tigard residents with particular emphasis
placed on the local job market.
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5.1.3. The City shall improve and enhance the portions of the Central Business
District as the focal point for commercial, high density residential, business, civic,
and professional activity creating a diversified and economically viable core area.
Housing
6.1.1. The City shall provide an opportunity for a diversity of housing densities
and residential types at various price and rent levels.
Transportation
8.1.1. The City shah plan for a safe and efficient street and roadway system that
meets current needs and anticipated future growth and development
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Downtown
11.1.1. The redevelopment of downtown shall be accomplished in order to make
it complementary to newer shopping areas. Convenience, appearance and the
needs of the shopping public should be primary considerations.
11.2.1. Ash Avenue shall be extended across Fanno Creek, enabling access to
the neighborhoods and commercial area without using Pacific Highway. Design
features shall be used to slow traffic and make the street as safe as possible.
Ash Avenue shall be designated as a minor collector in conformance with the
Master Street Plan. Design features and mitigation measures shall hold traffic
volumes to the middle limits of a minor collector.
11.2.2. Improvements to S.W. Ash Avenue from S.W. Hill to Fanno Creek shall
be constructed as a condition of development of adjacent properties. The street
improvements along with the development of a major commercial site will
increase traffic on Ash. A barricade shall be placed at Hill Street approximately
at the end of the existing pavement to protect the neighborhood residents from
the commercial traffic.
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11.2.3. Method of mitigating the traffic impact on the neighborhood shall include,
in the following order of improvement, construction:
a. Improving S. W. McDonald Street to Interim Maintenance standards to
encourage traffic from south of McDonald to use Mcdonald to exit to Hall
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and/or Pacific c;ighway.
b. Improvements to the residential portion of Ash from Hill to Frewing. these
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improvements could include limited parking, delineation of traffic lanes
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and sidewalks on one or both sides of the street.
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C. The extension of S. W. Hill to S.W. Omara and/or the improvement of
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S.W. Ash from Frewing to Garret.
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d. The extension of S.W. Omara to S.W. Hill parallel to S.W. Ash.
e. Removal of the barricade in place on Ash Avenue at S.W. Hiii.
f. Improvement of S.W. Omara Street to interim maintenance standards to
encourage an alternate route.
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SECTION 500. LAND USE PLAN
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The use and development of all land within the City Center Development Plan }
shall comply with provisions of the City's Comprehensive Plan and all of its
applicable implementing provisions. The Comprehensive Plan is the City's
acknowledged Plan as required by State Law.
501. LAND USE DESIGNATIONS
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The land use designations of the City's Comprehensive Plan which affect the
1.
City Center Development Area are described in Chapter 18.66 of the City's f'
Development Code, which is incorporated by reference. The purpose of the CBD
zoning district is to provide for a concentrated, central commercial office and I`
retail area which also provides civic, high density residential and mixed uses.
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The CBD zoning allows for 40 residential units per acre except within the area
south of Fanno Creek, defined as follows:
C "All lands bounded by Fanno Creek, Hall Blvd., Omara, Ash Ave., 3
and Hill Street shall be designated for 12 residential units per
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acre."
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The maximum height for residential uses is 60 feet. "
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There are no floor/area ratios set forth in the CBD development code
requirements for non-residential uses. Dimensional requirements allow for building
heights are as follows: {
"Except as otherwise provided in Section 18.98
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(BUILDING HEIGHT LIMITATIONS), no building in the
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CDB zone shall exceed 80 feet in height."
There are no lot area or width requirements and no minimum setbacks.
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502. COMPLIANCE WITH CITY'S DEVELOPMENT CODES
The City's Development Cade including the Building and Safety Codes as they
exist on the effective date of this Plan or as they may be amended from time to
time, are hereby made a part of this Plan as though included herein in full. All
development and redevelopment within the City Center Development Area shall
comply with all provisions of the City's Development Codes including the Zoning,
and Building and Safety Codes regarding maximum densities and building
requirements.
503. LAND USE COMPLIANCE
The use, development or redevelopment of all land within the Development Area
shall comply with the provisions of the City's Comprehensive Plan, Implementing
Ordinances, codes, policies, and regulations described in Sections 501 and 502
above.
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SECTION 600. DEVELOPMENT PLAN ACTIVITIES
To achieve the goals and objectives of this Plan, the following projects and
activities, subject to the availability of appropriate funding, may be undertaken by
the Development Agency, or caused by it to be undertaken by others, in
accordance with applicable Federal, State, County and City laws, policies and
procedures, and in compliance with provisions of this Plan.
Where project/activity descriptions include specifically named components, it is
for identifying the type, quality or scale of the project or activity and is not meant
to be all-inclusive. Details of projects will be laid out as specific projects are
engineered, designed and budgeted. In the development of such detail the
Agency will be guided by the objectives of this Plan and aided by elements of
the City Center Urban Design Plan, the Fanno Creek Park Master Plan and
similar studies and staff work.
601. DEVELOPMENT PLAN PROJECTS AND IMPROVEMENT ACTIVITIES
The following projects, numbered 1 through 23, are hereby deemed necessary
to eliminate blighting conditions and influences within the Development Area and
necessary to make the Area usable for expanding existing businesses and other
compatible uses and for the Area to be attractive for new businesses and multi-
family residential development.
All utility systems, streets and highways, bike and pedestrian paths, parks, public
parking facilities, bridges, sewer relocations, reconstruction or repair and other
public improvements shall be complete with all appurtenant and supporting parts,
consistent with sound engineering principles and conforming with the standards
of the City. With funds available to It, the Development Agency may fund In full,
in part, or a proportionate share based on use and demand within the
Development Area, the following projects.
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STREETS AND TRAFFIC (listed alphabetically)
1. Ash Avenue. Extend and improve Ash Street from the south boundary of
Development Area to its connection with Scoffins & Hunziker. Bridge
Fanno Creek Park.
2. Burnham Street. Realign and improve westerly section to intersect Main
Street opposite Tigard Street and improve to include landscaping,
sidewalks, street furniture, decorative lighting standards to match or
complement Main improvements. Improve balance of Burnham easterly
to Hall Boulevard. Accomodate the potential for light rail in the design'of
Burnham Street.
3. Commercial Street. Improve from Main to Hall.
4. GreenburcLRoad Extension. Provide a more direct connection between
Greenburg Road and Hall Blvd. south of Pacific Highway.
5. Hall Boulevard. In conjunction with the ODOT, improve Hall Boulevard
from Pacific Highway to Fanno Creek. Provide for landscaped median
and special landscaping at both sides.
6. Main Street Bridae. Construct new bridge across Fanno Creek to be
complementary to new park development and the reconstruction of Main
Street
7. Main Street Reconstruct Main Street between Its two intersections with
Pacific Highway Including new sidewalks, landscaping, street furniture,
decorative lighting standards, improved railroad crossing and special
Intersection treatment to improve pedestrian movement
8. Pacific Hia_hwav. Improve intersections through reconstruction and/or
signalization to improve access into City Center Development Area.
9. Pacific Highway Rama. In conjunction with the Oregon Department of
Transportation (ODOT), construct ramp to permit southbound traffic on
Route 99W to enter City Center.
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10. Scoffins Street. Realign at intersection with Hall Boulevard and to
accommodate the extension of Ash Avenue.
11. Tigard Street. Full improvement of Tigard from new ramp site to
intersection with Main Street.
PARKS. BEAUTIFICATION. ENTRYWAYS
12. Entryways. Develop highly visible, attractive entryways at key access
points to City Center Area using landscaping, special structures, lighting,
signage, etc. to achieve special identity.
13. Fanno Creek Park. Develop from Hall to Main in accordance with Master
Plan. Acquire additional public park area as needed.
14. Landscar)ed Areas. Provide for the development- and maintenance of.
special landscaped areas adjacent- to streets and pedestrian ways,
particularly along Burnham. Encourage private property owners to
participate significantly in these projects.
15. Public Art. Provide for development of public art (sculpture, fountains,
murals, mosaics, etc.) which can be viewed from plazas, walks or wit':In
public buildings.
OTHER PUBLIC FACILITIES
16. Landmarks. Provide for the construction of highly visible vertical:
landmarks (bell towers, sculpture, observation towers, etc.) on or
adjacent to Tigard. Square and near easterly end of Burnham In or near
Civic Center expansion.
17. Parking Develop additional off-street -public parking facilities -to
accommodate present and newly developed demand. Construct
structures and develop surface lots to serve users of commercial and
public facilities in the Main-Bumham area particularly.
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18. Tigard Square. Acquire and develop a public plaza area to serve as a
focal point for commercial development and public activity.
PROGRAMS /ACTIVITIES
19. Building Rehabilitation Assistance. The Agency will budget available funds
to establish and carry on a below-market interest loan program to assist
and encourage rehabilitation, renovation or improvement of structures
which add to the overall upgrading of the Development Area. Criteria for
eligibility to apply for such loans and other program details will be
established by the Agency.
20. Pedestrian Weather Protection. The Agency may, subject to availability
of funds, establish and cant' on a program designed to encourage the
extension of buildings, marquees, awnings or other forms of weather
protection over pedestrian ways in the more densely developed and used
portions of the City Center.
21. Proar`zm Administration. The Agency will make provision, through
development and adoption of an annual budget, for necessary
management and supporting services adequate to coordinate project
construction, program activities, marketing efforts and business
development or redevelopment activities.
22. Relocation Assistance. The Agency will provide both technical and
financial aid to occupants of property acquired by the City or Agency in
furtherance of Plan objectives or construction of public facilities within
the Development Area.
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602. ACQUISITION OF REAL PROPERTY
A. AUTHORIZATION: It is the intent of this Plan to authorize the
Development Agency to acquire property within the Development Area
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by any legal means to achieve the goals of this Plan, and specifically, to
accomplish any of the projects listed in Section 601, of this Plan. Nothing r:
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stated in this subsection shall be construed to limit the present authority`
j
of the City of Tigard to acquire property for any public purpose. Possible
property acquisition locations for some projects identified in this Plan are
shown on "Exhibit B". Actual properties to be acquired will be Identified
prior to project implementation and, If different from those shown on
'Exhibit B," will be processed as minor amendments to the Plan under.
Section 1201 of this Plan.
B. PROPERTY ACQUISITION POUCY. Prior to acquiring any specific
property deemed necessary to achieve the goals listed in this Plan, the
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Agency shall prepare, adopt-and maintain a Property Acquisition Policy
which clearly sets forth the property acquisition program and procedures,
including conditions under which property will -be -acquired, and other
relevant matters. Adoption of the Property Acquisition Policy shall be '
processed as•a minor change to the Plan under the provisions of Section.
1201 of the Plan. The policy will be available to all interested parties at
the Agency's office.
0. ACQUISITION PROCEDURE: Pursuant to applicable state and local lows t
acquisitions shall proceed as follows:
1.) Where the property to be acquired is in conjunction with
a project identified in Section 601 of the Plan and has
been specifically identified in the City Center Development
23
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EXHIBIT 6477
CITY CENTER PROJECTS AND ACTIVITIES
POSSIBLE PROPERTY ACQUISITION LOCATIONS
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, Burnham Street Realignment (enact alingment to be determined)
2 Burnham-Ball Intersection AL
Burnham Street Improvement
Burnham Street Enhancement
e Entryway Development, I.%ndscaping and Landmark Structures
Fanno Park Development
Ball and Pacific intersection Improvement (location to be determined)
Public Parking Facilities
Aah Avenue Improvemonts (exact alignment to be determined)
Building Rehabilitation Assistance
Commercial Street Improvements
Pacific Highway Ramp to Tigard Street (location to be determined)
Wole Tigard Public Square Development (location to be determined)
Hall Boulevard Enhancement
Agency's proposed acquisition policy then the acquisition
shall proceed through applicable state and local eminent
domain procedures.
2.) Where the property to be acquired is a new project the
acquisition shall be regarded as a substantial change and
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must comply with procedures set forth in Section 1202
of this Plan before acquisition can proceed under
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applicable state and local eminent domain procedures.
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603. RELOCATION ACTIVITIES
Should the development agency acquire property which is occupied and which
would cause the displacement of the occupants, the Agency shall provide
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assistance to persons or businesses to be displaced. Such displacees will be
contacted to determine their .Individual relocation needs. They will be provided k;
information on available alternative building locations and will be given assistance
. 6i
in moving. All relocation activities vEall be undertaken and payments made in t
accordance with the requirements of ORS 281.045 - 281.105 and any other j
applicable laws or regulations. Relocation payments will be made as provided in.
ORS 281.060. Persons displaced from dwellings will be assisted to relocate in
habitable, safe, and sanitary dwellings at costs or rents within their financial f
reach. Payment for moving expense will be made to businesses displaced.
Prior to acquiring any property which will cause households, businesses, offices
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or other uses to be displaced, the Agency shall prepare, adopt, and maintain a
Relocation Policy conforming to the provisions of ORS 281.045 - 281.105. Such
policy will be available to interested parties at the Agency's office and will set
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forth the relocation program and procedures, including eligibility for and amounts
of relocation payments, services available and other relevant matters.
604. PROPERTY DISPOSITION AND REDEVELOPER OBLIGATIONS
i.;
A. PROPERTY DISPOSITION. The Development Agency is authorized to
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dispose of, sell, lease, exchange, subdivide, transfer, assign, pledge, or
encumber by mortgage, deed of trust, or otherwise any interest in real
property which has been acquired by it in accordance with provisions of
this Plan and with the terms and conditions set forth in a Disposition and
Development Agreement mutually agreed to by all affected parties.
All real property acquired by the Development Agency in the City Center
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Development Area, if any, shall be used or disposed of for development
consistent with the uses permitted in this Plan. The Development Agency
shall obtain fair re-use value for the specific uses to be permitted on the
real property. Real property acquired by the Agency may be disposed of
to any other public entity without cost to such other public entity, in
accordance with provisions of this Plan. All persons and entities obtaining
property from the Development Agency shall use the property for the
purposes designated in this Plan or specified by the Agency and shall
commence with complete development of the property within a period
of time which the Development Agency fixes as reasonable, and shall
comply with "other conditions which the Development Agency deems
necessary to carry out the objectives of this Plan.
In the conveyance of any property, the Development Agency shall
provide adequate safeguards to ensure that provisions of this Plan will
be carried out to prevent the recurrence of incompatible uses or blight.
Leases, deeds, contracts, agreements, documents, and declarations of
restrictions by the Development Agency may contain restrictions,
covenants, covenants running with the land, rights of reverter, conditions
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precedent or subsequent, equitable servitudes, or any other provisions
necessary to cant' out this plan.
B. REDEVELOPER'S OBLIGATIONS. A Redeveloper is any public entity or
private party who acquires property from the Development Agency. Any
Redeveloper and its successors or assigns within the Development Area
must comply with provisions of this Plan and with terms and conditions
of the Disposition and Development Agreement. Among the provisions
which the Agency may include within the Disposition and Development
as requirements of the Redeveloper are the following:
1. Obtaining necessary approvals of proposed developments- from
all Federal, State and/or local agencies that may have jurisdiction-
on properties and facilities to be developed or redeveloped;
2. Development or redevelopment of such property in accordance
with the land-use provisions and other requirements specified In
this Plan;
3. Submittal of all plans and specifications for construction of
improvements on -the- land to the Development Agency or such
of its agents as the Agency may designate for review and
approval prior to distribution to appropriate reviewing bodies as
required by the City;
4. Reasonable time lines for commencing and completing the
specified development of such property;
5. No execution of any agreement, lease, conveyance, or other
instrument which contains restrictions upon the basis of age,
race, color, religion, sex, marital status, or national origin in the
sale, lease or occupancy of the property;
6. Maintenance of the developed and/or undeveloped property in
a dean, neat, and safe condition.
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605. BUILDING REHABILITATION LOAN FUND
` With funds available to it, the Development Agency may promulgate rules,
guidelines, policies and establish a below market value loan fund for the
rehabilitation and restoration of existing buildings located within the boundaries
of the Development Area. Such loan fund is hereby deemed an appropriate
adjunct to this Plan to eliminate blight and to further Plan objectives.
606. OWNER PARTICIPATION
Property owners within the Development Area proposing to improve their
properties and receiving assistance from the Development Agency shall do so in
accordance with all applicable provisions of this Plan and with all applicable
codes, ordinances, policies, plans and procedures of the City.
607. ADMINISTRATIVE ACTIVITIES
A. The Development Agency may obtain its administrative support staff from
the City and the City may provide the personnel necessary to staff the
Agency on such terms and conditions as the Development Agency and
the City may from time to time agree. In developing the staffing
requirements of the Development Agency, the Development Agency will
evaluate and make recommendations to the City regarding their
personnel support needs. Development Agency staffing recommendations
shall be included in the annual budget proposal of the Development
Agency to the City.
B. Further, the Development Agency may retain the services of independent
professional people, firms, or organizations to provide technical services
in such areas as legal, economic, financial, real estate, planning,
engineering and any other skill deemed necessary by the Agency.
C. The Development Agency may acquire, rent or lease office space and
office furniture, equipment and facilities necessary for it to conduct its
affairs in the management and implementation of this Plan.
C. 27
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D. The Development Agency may invest Its reserve funds In Interest-bearing
accounts or securities consistent with provisions of City, State and
Federal law.
E. To implement this Plan, the Development Agency may borrow money,
accept advances, loans or grants from any legal source, issue qualified
redevelopment bonds, tax increment bonds, and may receive tax
increment proceeds as provided for in Section 700 of this Plan. An
affirmative vote by a majority of the then filled positions of the
Development Agency shall be required for the Development Agency to
issue any bonds.
F. Authorization and Powers: Without limiting any other provision, power or
authorization of this Plan, the Development Agency shall have all of the
powers and responsibilities allowed under provisions of ORS Chapter
457 except as may be expressly limited by the City Council's approval
of this Plan.
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SECTION 700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS
The Development Agency may borrow money and accept advances, loans, grants and
any other legal form of financial assistance from the Federal Government, the State, City,
County, or other public body, or from any legal sources, public or private, for the
purposes of undertaking and carrying out this Plan, or may otherwise obtain financing
as authorized by ORS Chapter 457.
701. SELF LIQUIDATION OF COSTS OF URBAN RENEWAL INDEBTEDNESS (TAX
INCREMENT FINANCING).
Projects and activities of the Agency may be financed, in whole or in part, by
self-liquidation of the costs of renewal activities as provided in ORS 457.420
through 457.450. The ad valorem taxes, if any, levied by a taxing body upon the
taxable real and personal property situated in the Development Area shall be
divided as provided in ORS 457.440. That portion of the taxes representing the
levy against the increase, if any, in the assessed value of property located in the
Development Area over the assessed value specified in the certificate filed under
ORS 457.430, shall, after collection by the tax collector, be paid Into a special
fund of the Development Agency and shall be used to pay principal and interest
on any indebtedness incurred by the Agency to finance or refinance this Plan
and any projects or activities authorized and undertaken pursuant to provisions
of this Plan.
Upon completion of the projects and activities identified in this Plan or
subsequent amendments to this Plan, and the satisfaction of all outstanding
Agency Indebtedness, the division of taxes under ORS 457.420 - 456.450 shall
cease as provided by ORS 457.450.
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702. PRIOR INDEBTEDNESS
Any indebtedness permitted by law and incurred by the Agency, or the City in
connection with preplanning for this Development Plan may be repaid from
Development Agency funds when and if such funds are available.
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703. ANNUAL BUDGET
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The Development Agency shall adopt and use a fiscal year ending June 30. Each
year, by July 1, the City Council shall adopt a budget for the Development
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Agency in conformance with provisions of ORS 294 (the local Budget Law) and
ORS 457.460 which shall describe its sources of revenue, proposed expenditures
and activities.
The Development Agency shall submit its proposed budget to the City's Budget
Committee for its review and approval and such Agency shall not undertake any
activities nor expend any funds except as provided in the budget approved by
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the City Council.
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1 SECTION 800. ANNUAL FINANCIAL STATEMENT REQUIRED
801. REQUIRED FINANCIAL STATEMENT
ORS Section 457.460 requires that the Development Agency, by August 1 of
each year, prepare a statement containing:
A. The amount of tax increment revenues (ORS 440(4)) preceding fiscal year
and from indebtedness incurred by ORS 457.440(6);
B. The purpose and amounts for which such money were expended during
the preceding fiscal year;
C. An estimate of tax increment monies to be received during the current
fiscal year and from indebtedness incurred under ORS 457.440(6);
D. A budget setting forth the purposes and estimated amounts for which all
such monies are to be expanded during the current fiscal year; and
E. An analysis of the impact, if any, of carrying out the Development Plan
on the tax rate for the preceding year for all taxing bodies included
under OR 457.430;
F. If the August 1 deadline to met provisions of the ORS Section 457.460
Is changed by the legislature, then the Agency will conform to the new
date to prepare the requirement statement
802 STATEMENT FILED AND PUBLISHED
The statement required by subsection 801 shall be filed with the City Council and
notice shall be published as provided by state law that the statement has been
prepared and Is on fie with the City and with the Development Agency and the
Information contained in the statement is available to all interested persons. The
notice shall summarize the required information as set forth in subsection 801
herein.
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SECTION 900. CITIZEN PAFTICIPATION
The activities and projects identified in this Plan, the development of subsequent plans,
procedures, activities and regulations, and the adoption of amendments to this Plan shall
be undertaken with the participation of citizens, owners and tenants as individuals and
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organizations who reside within or who have financial interest within the City Center
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Development Area and with the general citizens of the City. For this purpose the City 7'.
Council established the City Center Plan Task Force to advise and assist in the details
and preparation of this Plan. The Council has also established the City Center
Development Advisory Commission to advise and assist it and the Development Agency
in implementation of and any future amendments to this Plan.'
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SECTION 1000. NON-DISCRIMINATION
In the preparation, adoption and implementation of this Plan, no public official or private
party shall take any action or cause any persons, group organization to be discriminated
against on the basis of age, race, color, religion, sex, marital status or national origin.
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SECTION 1100. RECORDING OF PLAN
A copy of the City Council's ordinance adopting this Plan under ORS 457.095 shall be
sent by the Council to the Development, Agency. Following approval of this Plan as
required by the City Charter, the Agency will have the Plan recorded with the Recording
Officer or Washington County.
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SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED i
CITY CENTER DEVELOPMENT PLAN
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This Plan will be reviewed and analyzed periodically and will continue to evolve during
the course of its implementation. The Plan may be changed, clarified, modified or
amended as future conditions may warrant. Where, in the judgment of the Development
Agency as guided by the definitions and criteria contained in this Plan, the proposed
modification will substantially change the Plan, the modification must be duly approved
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by the City Council in the same manner as the original Plan before the change can be
implemented.
1201. MINOR CHANGES
Any change that is not a substantial change, as defined in §1202, shall be
proposed by resolution of the Development Agency in which the details of the
minor change or changes shall be described.
1202. SUBSTANTIAL CHANGES
Substantial changes to this Plan, if any, shall be approved in the same manner-
;
as the original Plan, pursuant to ORS 457.095 and ORS 457.220. Substantial r
changes to this Plan shall include the following:
A An increase in the land area within the boundaries of the
development area;
B. An increase in the duration of the Plan, as described in §1301;
C. The addition of any new project, not otherwise Identified in the
current Plan. The Development Agency shall determine whether
a project Is a "new project," pursuant to §200.
1203. AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN OR TO ANY OF ITS
IMPLEMENTING ORDINANCES: IMPACT ON DEVELOPMENT PLAN
From time-to-time during the implementation of this Development Plan, the
Planning Commission and the City Council of the City of Tigard may officially
approve amendments or modifications to the City's Comprehensive Plan and
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implementing ordinances. Furthermore, the City Council may from time-to-time
amend or approve new building, Health and Safety Codes which affect the
implementation of this Development Plan.
When such amendments, modifications, or approvals have been officially enacted
by the City Council, such amendments, modifications, or approvals which affect
the provisions of this Plan shall, by reference, become a part of this Plan as if
such amendments, modifications, or approvals were fully stated in the Plan.
The City Council shall forward to the Development Agency copies of council
actions described above, and the Development Agency shall prepare and
approve a resolution recognizing that such changes constitute minor changes to
this Plan, as provided for in §1201 above. The minor changes described in this
section shall not effectively amend the Development Plan until such time as the
Development Agency's resolution becomes final.
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SECTION 1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN
1301 DURATION OF DEVELOPMENT PLAN
This Plan shall remain in full force and effect for a period of not more than
sixteen (16) years from the effective date of this Plan or from July 1,1990, r
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whichever date is later and that period of time necessary to retire any debt. The C}.
Plan may be terminated prior to the time set forth above, subject to the r
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requirements of this Section and ORS CHAPTER 457, if the City Council finds
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that there is no longer a need for an urban renewal plan. Such findings shall be I
adopted by non-emergency ordinance. Any extension beyond sixteen (16) years E
shall require an authorized extension and shall be considered as a substantial
change pursuant to Section 1203.
1302 VALIDITY
Should a court of competent jurisdiction find any word, clause, sentence, section
or part of this Plan to be invalid, the remaining words, clauses, sentences,
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sections or parts shall be unaffected by such finding and shall remain in full
force and effect for the time period described In subsection 1301 and 701.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 89-12~-
A ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN AMENDMENT TO THE,
COMPREHENSIVE PLAN TRANSPORTATION MAP (CPA 89-06 ASH AVENUE AND BURNHAM/TIGARD
REALIGNMENT) REQUESTED BY THE CITY OF TIGARD.
WHEREAS, the request was to amend the Comprehensive Plan Transportation map as
follows: (1) The Ash Avenu,s connection to be modified to indicate a connection
between the intersection of SW Walnut and Pacific Highway to the intersection
of Hunziker Street and Hall Boulevard. (2) The alignment of SW Burnham to be
modified to intersect to SW Main Street opposite SW Tigard. The realigned
portion will replace the existing portion of Burnham as the collector route;
and,
WHEREAS, the Planning Commission heard the above application at its regular
meeting of June 20, 1989 and recommended approval; and,
WHEREAS, the City Council took public testimony on the above application at its
regular meetings of July 10, 1989 and August 21, 1989.
NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The proposal is consistent with all relevant criteria as noted
below:
1. Location
ASH AVENUE EXTENSION - between SW Pacific Highway at Walnut and Hall at
Hunziker. (WCTM 2S1 2BD, 2S1 2AC, 2S1, 2CA, 2S1 2DB, 2S1 2AD & 2S1 2AA.)
BURNHAM/TIGARD REALIGNMENT - between SW Main Street at Tigard and the
existing right-of-way of SW Burnham. (WCTM 2S1 2AB & 2S1 2AD.)
2. Background Information
On May 9, 1983, the City Council adopted the Comprehensive Plan
Transportation map by approving ordinance 83-24. Subsequent to the original
adoption, changes have been made to the map but none which affect the
revisions being considered for Ash Avenue and the Burnham/Tigard
realignment. On November 9, 1983, the City Council adopted Ordinance 83-52
which accepted Volume II of the City's Comprehensive Plan containing
findings, policies and implementation strategies. The policies relating to
Ash Avenue read as follows:
"11.2.1 Ash Avenue shall be extended across Fanno Creek, enabling access
to the neighborhoods and commercial area without using Pacific Highway.
Design features shall be used to slow traffic and make the street as safe
as possible. Ash Avenue shall be designated as a minor collector in
conformance with the Master Street Plan. Design features and mitigation
measures shall hold traffic volumes to the middle limits of a minor
collector.
ORDINANCE NO. 89-1&
PAGE 1
11.2.2 Improvements to SW Ash Avenue from SW Hill to Fanno Creek shall be
constructed as a condition of development of adjacent properties. The
street improvements along with the development of a major commercial site
will increase traffic on Ash. A barricade shall be placed at Hill Street
approximately at the end of the existing pavement to protect the
neighborhood residents from the commercial traffic.
11.2.3 Methods of mitigating the traffic impact on the neighborhood shall
include, in the following order of improvement, construction:
a. Improving SW McDonald Street to interim maintenance standards to
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encourage traffic from south of McDonald to use McDonald to exit to
Hall and/or Pacific Highway.
b. Improvements to the residential portion of Ash from Hill to Frewing.
These improvements could include limited parking, delineation of
traffic lanes and sidewalks on one or both sides of the street.
C. The extension of SW Hill to SW O'Mara and/or the improvement of SW Ash
from Frewing to Garrett.
d. The extension of SW O'Mara to SW Hill parallel to SW Ash.
e. Removal of the barricade in place on SW Ash Avenue at SW Hill.
f. Improvement of SW O'Mara Street to interim maintenance standards to
encourage an alternate route.
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g. Installation of traffic inhibitors to the residential portion of Ash
if and when traffic volumes exceed the middle range for a minor t`
collector. Traffic inhibitors include but are not limited to planting
islands, speed bumps, buttons, turning restrictions, load limits and
enforcement."
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Compliance with the above policies is discussed in more detail in the
findings and conclusions section of this report. The proposed revision to
the Ash Avenue extension, however, in effect will eliminate the need for
most of the above conditions as traffic volumes through the neighborhood
will not reach the levels anticipated under the original alignment.
There are no policies in Volume II of the Comprehensive Plan which address
the Burnham/Tigard realignment.
3. Vicinity Information j
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Ash Avenue extension - Currently, Ash Avenue is improved from SW McDonald
Street north and north-westerly to a point approximately 225 feet past the
intersection with SW Hill Street. This section of Ash Avenue passes
through established residential neighborhoods of primarily single family
homes. The other section of Ash is improved from SW Scoffins to Commercial
and from SW Burnham southwesterly approximately 500 feet. This portion of
SW Ash runs through the Central Business District which is comprised of
mixed residential and commercial land uses.
ORDINANCE NO. 89-~
PAGE 2
Burnham/Tigard realignment - The alignment which is the subject of this
report is currently not in place. Burnham currently run3 from SW Main
Street to SW Hall Blvd. Burnham provides access to a mix of land uses
within the central Business District.
4. Proposal Information
Over the past two years, the City has been engaged in an effort to create
and implement an action plan for the city center area. As part of that
effort, the City contracted with several different firms to provide
specialized recommendations for the area. Reports were prepared on the
economic potential of the area, transportation alternatives,
recommendations for improvements to Fanno Creek Park, design concepts for
the area, and possible funding sources. One element common to all of the
recommendations provided was the identification of the need to improve
access to and through the city center area. In particular, the draft of
the Downtown Tigard Traffic and Circulation Study prepared by Rittelson &
Associates makes the following conclusions and recommendations:
"Create new entry portals into and out of the downtown area. These
new portals will have a beneficial effect on both local and regional
traffic circulation patterns within the area. They are necessary to
accommodate planned growth within the downtown area, while at the same
time minimizing the interference between local and regional travel
needs."
Based on the conclusions and recommendations, Rittelson proposes a package
of improvement options including the following:
"Extension of Ash Street to connect between the Pacific Highway/Walnut
Street intersection and the existing Hall Boulevard/Hunziker Road
intersection;
Improvement of Burnham Street between Main Street and Hall Boulevard; r
and
Realignment of Burnham Street to connect with the existing Main
Street/Tigard Street intersection."
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The recommendation goes further to state that all of the improvements need
not be constructed at a single time and that a staged approach would work.
Under a staged approach, Rittelson recommends that the Burnham-Tigard
connection be constructed first. It is important to note that the
revisions proposed to the map do not imply construction of the w
improvements immediately. The projects will have to be designed and funded
prior to construction. The Urban Design Plan prepared by
Gutherie/Slusarenko/Associates also recommended the Burnham/Tigard
realignment and the Ash Avenue extension on the Capital Improvements
Projects list. In addition, the City Center Development Plan and Report j
prepared by Moore Breithaupt & Associates emphasizes the need for improved
access to the city center area and identifies the need for these specific
projects as necessary to improving the access and circulation to and
through the city center area.
ORDINANCE NO. 89-~;?4
PAGE 3
5. Agency and NPO Comments
At the August 21, 1989 City Council meeting, NPO #1 presented an advisory
statement suggesting that the proposal be rejected and that another
solution would be more suitable which would better utilize the existing
Johnson-Pacific Highway signal, and open up the downtown area without as
much impact on property and lifestyle.
6. Planning Commission Recomendation
On June 20,1989, Planning Commission met and recommended in favor of the
proposed Burnham Road realignment and the Walnut to Ash Avenue connection,
with an Ash Avenue/Hill Street connection preserved as a future option.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2 and
12, and City of Tigard Comprehensive Plan policies 1.1.1 a., 2.1.1,
8.1.1, 11.2.1, 11.2.2, 11.2.3 and applicable Community Development Code
sections related to legislative plan amendments.
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Staff concludes that the proposal is consistent with the applicable
Statewide Goals based on the following findings:
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1. Goal 1 is met because the City has an adopted citizen involvement
program which includes review of land use applications by the q
neighborhood planning organizations. In addition, public notice
has been provided.
2. Goal 2 is met because the City has applied all relevant Statewide
Planning Goals, City Comprehensive Plan policies, and Community
Development Code requirements in the review of this proposal. c
3. Goal 12 is met because the City has adopted policies related. to
improving the transportation network and continued coordination of
transportation improvements with other-involved-agencies.
Staff concludes that the proposal is consistent with the City's i
acknowledged Comprehensive Plan based upon the following findings:
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1. Policy 1.1.1 a. is satisfied because the proposed amendment to the
Comprehensive Plan will not affect compliance of the City's
acknowledged Plan with the Statewide Goals.
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2. Policy 2. 1.1 is satisfied because Neighborhood Planning
Organization #1 and surrounding property owners have been notified
of the proposal and the date of the hearing and have been f
encouraged to comment on the proposal.
3. Policy 8.1.1 is satisfied because the amendments proposed to the
Comprehensive Plan Transportation Map will address the need for a
safe and efficient street system designed to accommodate current
and future traffic volumes.
ORDINANCE NO. 89-
PAGE 4
4. Policies 11.2.1, 11.2.2, and 11.2.3 are satisfied because the
proposal to revise the route of the Ash Avenue extension redirects
the extension away from the existing residential section of Ash
avoiding the potential of substantially increasing traffic volumes
through the local residential area. Policies 11.2.1, 11.2.2 and
11.2.3 were instituted to lessen the impact of the original route
on the residential neighborhood. This proposal by design
essentially meets the intent of those policies.
Section 2: The City Council upholds the Planning Commission
recommendation for approval of the Comprehensive Plan
Transportation map amendment (Exhibit "A") showing the
realignment of Burnham St. to connect with Tigard St. and
showing the extension of Ash St. to provide a connection
between the Walnut/Pacific Highway intersection and the
Hunziker Street/Hall Boulevard intersection and following the
approximate alignment of the existing Ash Avenue in the
downtown area.
Section 3: The Council directs staff to proceed with the specific
alignment analysis, outlined in Exhibit "B" attached, to
determine practical alternative alignments for the proposed
new roadway between Hunziker and Walnut Streets.
Section 4: The Council, therefore ORDERS that the above referenced
request be APPROVED. The Council FURTHER ORDERS that the
Planning Director and the City Recorder send a copy of the
Final Order as a Notice of Final decision to the parties in
this case.
Section 5: This ordinance shall be effective on and after the 31st day
after Its passage by Council, and approval by the Mayor.
PASSED: By U1?a-n l ✓Y oU,- vote of all Council members present
afte b ing read by number and title only, this ~ day
of& L , 1989.
Catherine Wheatley, Deputy Recor r
APPROVED: This day of , 1989.
A&Z
Gerald R. Awards, Mayor
dr/Ash.ln
ORDINANCE NO. 89-Q(1
PAGE 5
EXHIBIT "A"
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DRAFT REQUEST FOR PROPOSALS
PRELIMINARY ENGINEERING TO DETERMINE A SPECIFIC ALIGNMENT
FOR THE PROPOSED WALNUT-HUNZIKER CONNECTION
Background
Tigard's City Center Plan has recommended construction of a new roadway to
provide a collector street connection between the Walnut Street/Pacific Highway
intersection and the Hunziker/Hall Boulevard intersection. On September 11,
1989, the City Council formally adopted the new roadway concept as a part of
the City's Comprehensive Plan Transportation Map.
So far, only the roadway concept and a general corridor have been indicated.
No specific alignment has been defined. As a result, it cannot be determined
which properties will be impacted by the new roadway nor to what extent they
will be impacted. This leaves uncertainty for residents as to the future
development and use of their properties. To relieve the uncertainty, the City
Council has directed that selection of a specific alignment proceed as quickly
as possible.
Purpose
The purpose of the consultant work will be to perform preliminary engineering
sufficient to identify practicable alternative alignments for the proposed
roadway and to provide sufficient data on the alternative alignments so that a
specific alignment can be selected by the City.
Scope of Work
A. Citizen Input
Early in the preliminary engineering process, the consultant will be
expected to hold at least one public meeting to receive input from citizens
regarding specific concerns or goals which they wish to see considered
during the preliminary engineering process. The City will provide meeting
space.
In addition, the consultant will be expected to provide an opportunity for
property owners to express specific concerns or preferences to the
consultant in a one-on-one basis. These meetings would be expected to
provide an opportunity for property owners to convey to the consultant team
specific details about their properties which they wish the consultants to
consider. For example, some property owners have indicated specific ideas
for future development of their properties which they would like to
coordinate with the roadway design.
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B. Development of Alternatives
The consultant will be expected to develop alternative street alignments
which meet the following criteria:
1. The new street should provide a connection between the Walnut/Pacific
Highway intersection and the Hunziker Street/Hall Boulevard
intersection and following the approximate alignment of existing Ash
Avenue in the downtown area. The Walnut/Pacific and Hunziker/Hall
intersections may be relocated if appropriate to achieve other design
criteria. E
2. Each alignment shall meet the minimum design criteria for collector
streets.
3. The street should be designed to have a parkway type appearance in
accordance with the City Center Plan. s
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4. The proposed roadway should be designed with lane configurations. and
intersection improvements in accordance with the guidelines outlined It
in the Downtown Tigard Traffic and Circulation Study prepared by
Kittelson and Associates and dated August 1989.
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5. The proposed alignment should be consistent with the Fanno Creek Park
Plan to the maximum extent possible.
6. The new crossing of Fanno Creek shall be in accordance with the City's
Drainage Master Plan.
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7. In each alternative, the consultant should indicate how a local street
connection could be constructed from the Ash Avenue/Hill Street
neighborhood to the new street if such a connection is desired in the f'
future.
C. Comparison of Alternatives }
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The consultant should provide a comparison of the various alternatives
developed. The analysis of the alternatives should consider as a minimum
the following items:
1. Total cost including cost of construction and right-of-way
acquisition. In reporting costs, the consultant should show the
potential for phasing of construction. s
2. Environmental impacts and the potential for mitigation of these
impacts. Environmental review should be limited to matters which may €
affect selection of an alternative alignment. A detailed
environmental impact statement is not required.
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3. Impacts on existing buildings and the utility of any parcel
remainders.
4. Consistency with the preferences expressed by property owners.
5. Consistency with the City Center Plan and the Fanno Creek Park Plan.
6. Ability to safely and efficiently accommodate the traffic volumes
projected in the Downtown Circulation Plan.
D. Public Review
After developing alignment alternatives and completing analysis of the
alternatives, the consultant will provide an opportunity for the public to
review the data which has been collected. Typically this would involve
issuance of a preliminary report followed by an informal public meeting to
explain the alternatives developed and to receive public comment.
E. Formal Report and Recommendations
After receiving public comment, the consultant will prepare a formal design
report and a recommendation of the alternative to be selected by the City.
The consultant will be expected to present and support the recommendations
at formal hearings before the Planning Commission and the City Council.
Priorities
The City is especially anxious to define a more specific alignment for the
portion of the proposed roadway closest to Pacific Highway. Specifically, the
area of greatest concern is the developed area along Walnut Place, McKenzie
Place, and Ash Drive.
If it proves practical for the consultant to finish review of the route closest
to Pacific Highway ahead of completion of the remaining route review and to
bring this portion of the route to thb public meeting and formal hearing
process, the City would wish to proceed with this phased approach.
dj/RFP-WHC.RW
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MidnUt,
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C MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council nd By
FRO1K: Patrick J. Reilly, City Administra For Your Information
DATE: September 5, 1989 -Sign and Return
SUBJECT: COUNCIL CALENDAR, Sep. - Dec. 1989
Official Council meetings are marked with an asterisk If generally OK, we
can proceed and make specific adjustments in the Monthly Council Calendars.
September 189
4, Mon Labor Day (City Hall Closed)
*11, Mon Council Business Agenda (6:30/7:30)
*18, Mon Council Study Agenda (6:30) (Rep. Tom Brian)
19, Tues Election (Parks)
20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
24-28, Sat-Jlbhurs IC MA Conference
*25, Mon Council Business Agenda (6:30/7:30) (Park Board)
October '89
*9, Mon Council Business Agenda (6:30/7:30) (Economic Development
Camytittee)
*10, Tues Joint Council Meeting with Lake Oswego (Time and place to
be announced)
*16, Mon Council Study Agenda (6:30) (Tigard. School District)
18, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*23, Mon Council Business Agenda (6:30/7:30) (Wa. Co. Commissioner
Roy Rogers)
31, Tues Halloween
Council Calendar - Page 1
November '89
7, Tues Election
*13, Mon Council Business Agenda (6:30/7:30) (Tualatin Valley Fire
& Rescue)
15, Wed Legislative Breakfast (Fags & Issues, E]mer's, 7:15 a.m.)
*20, Mon Council Study Agenda (6:30) (Sen. Paul Phillips)
23-24, Thurs-Fri Thanksgiving Holiday (City Hall Closed)
*27, Mon Council Business Agenda (6:30/7:30) (Utilities &
Franchise Committee)
December '89
? Annual Tree Lighting Event
*11, Mon Council Business Agenda (6:30/7:30) (Library Board)
*18, Mon Council Business Agenda (6:30/7:30) (Transportation
Advisory Committee)
20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
25, Mon Christmas Holiday (City Hall Closed)
mh/cccal
Council Calendar - Page 2
3.3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
AGENDA OF: September 11, 1989 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION:
of Consultant Contract for the
Durham Road d Pro'ect PREPARED BY: Randall R. Woolev
DEPT HEAD OK CITY ADMIN OR REQUESTED BY:
P LICY ISSUE
Authorization of a consultant contract for engineering services for the Durham
Road project.
INFORMATION SUMMARY
A contract is proposed with the firm of David Evans & Associates, Inc. (DEA)
to provide engineering services during design and construction of the Durham
Road project. DEA will prepare the detailed construction plans and
specifications and coordination of the undergrounding of utilities. DEA will
also provide engineering services during the construction phase of the project.
Some very preliminary design work and data collection have been previously
completed and will be utilized by DEA. DEA is prepared to begin work
immediately and to meet our established schedule which includes neighborhood
review during this fall, completion of design ready for bidding in early 1990,
and start of construction in the spring of 1990. DEA was selected from the
established list of qualified consultants on the basis of their qualifications
for this specific project, including their ability to present the project
clearly at public meetings. DEA has performed well on previous projects for
the City of Tigard.
It is proposed to contract with DEA using the standard City contract form
providing for DEA to prepare detailed construction drawings and specifications
and to perform all other design services on a time and material basis with
total design fees not to exceed $80,000. The contract will also provide for
DEA to provide construction surveying and inspection services on a time and
materials basis as needed at a estimated maximum cost of $105,000. The
proposed design fees are well within the project budget for engineering. The
detailed consultant proposal is available for inspection at the office of the
City Engineer.
ALTERNATIVES CONSIDERED
1. Authorize the City Administrator to sign a contract with David Evans &
Associates, Inc. as outlined above.
2. Direct that a contract be negotiated with an alternate consultant.
3. Have engineering services provided by City staff as time allows.
FISCAL IMPACT
Funds for this project were included in the. Major Streets Traffic Safety
Improvement Bond approved by the voters last fall.
SUGGESTED ACTION
Staff recommends that the Local Contract Review Board, by motion, authorize the
City Administrator to sign a contract with David Evans & Associates as outlined
in the information summary above.
dj/SS-CCDR.RW
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council September 6, 1989
FROM: Cathy Wheatley, Deputy Recorder ca' U
SUBJECT: Packet Material - Agenda Item No. 3.3
September 6, 1989 City Council Meeting
Packet material for Item 3.3, which is the LCRB review of Engineering Services
for the Durham Road Bond Project, will be submitted to Council at a later date.
If available, the material will be sent in the Council mailing on Thursday.
cw
CITY OF TIGARD, OREGON'
COUNCIL AGENDA ITEK SUMMARY i'
AGENDA OF: September 11, 989 DATE SUBMIZTM: 9 1 89
ISSUE/AGENDA TITLE: TVED PREVIOUS ACTION: P~ /s~+rnwi
PREPARED BY: d1Wyy-X Lowe Y
DEPT HEAD OK ADMIN OK~ff REQUESTED BY: 1~~ y
i
POLL ISSUE
Shall the City council appropriate contingency funds for Economic Development
Services of the Tualatin Valley F-'nnomic Development corporation (TVEDC)?
INFORMATION SUMMARY
Each year TVEDC seeks contributions from member jurisdictions to support it's
economic development activities. The 1989/90 amount related to Tigard's
participation is based on a per capita factor and amounts to $4,090.00
During the 1989/90 budget process, TVEDC funding was removed from the adopted
budget pending further review. A decision has now been made to continue
Tigard's financial participation, therefore, funds must be appropriated.
ALTERNATIVES CONSIDERED
1. Approve appropriation of contingency.
2. Do not approve.
FISCAL IMPACT
1. Reduces contingency by $4,090.00
2. N/A
SUGGESTED ACTION
Staff recommends passage of contingency appropriation resolution.
cp/WLAGRES
N:\WORD\
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 11, 1989 DATE SUBMIT'T`ED. 8/31/89
ISSUE/AGENDA TITLE: Garbage Rate PREVIOUS ACTION: Resolution 88-96
for Roll Out Containers
PREPARED BY: Wavne Lowry, Fin. Dir.
DEPT HEAD OK AEM.IN OK REfQUE= BY: Utility/Franchise Com
i
PO CY ISSUE E.
}
Shall the Tigard City Council set a garbage rate for residential roll out
containers?
INFORMATION SUMMARY
r
6
Pride Disposal has had numerous requests for roll out containers from Tigard
citizens. Roll out containers proposed by Pride are the 60 gallon size and `
hold approximately 1/3 of a yard of loose solid waste. The current solid waste
disposal rates do not include a rate for roll out can service. Pride Disposal
has proposed that the rate be set at 1/3 of the current one yard-loose
container service rate of $60.91. The roll out can proposed rate of $20.30 per
month was approved by the Utility and Franchise Committee at their August 8,.
1989 meeting. King City has instituted a rate of $20.00 and Sherwood has
instituted a rate of $20.20 for the same service.
F.:
IDET2ID E
ALTII2NATIVFS CONS
1. Approve the rate of $20.30 for roll out container service. ?
2. Change the proposed rate, then approve.
3. Do not approve a roll out container rate.
i
FISCAL IMPACT
t
No impact. Such a container will replace existing containers with similar 6.
rates.
k
f
r
SUGGES'T'ED ACTION
Staff recommends approval of resolution to institute rate of $20.30 for roll
out container service.
cp/WIRESAG s
N:\WORD\
'i
ILI
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9/11/89 DATE SUBMITTED: 9/5/89
ISSUE/AGENDA TITLE: Noise Ordinance PREVIOUS ACTION: None
revision Title 7 of the TMC -7t 7f
PREPARED BY: Keith Liden
DEPT HEAD ?!ItITY ADMIN O REQUESTED BY:
OLICY ISSUE
Should the City amend the noise ordinance to afford greater noise protection
for the community with emphasis on protection of residential uses?
INFORMATION SUMMARY
The consideration of this revision was postponed to allow additional citizen
input and to allow staff time to review these comments and the proposed noise
standards in particular. The staff has reviewed the oral and written comments
received at the July 10th and August 14th hearings. Several of these
suggestions have been incorporated into this draft of the ordinance. Attached
is a memo to Ed Murphy explaining two additional options for noise standards,
the draft ordinance, and the present noise ordinance.
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance
2. Modify and approve the attached ordinance
FISCAL IMPACT
Enforcement of noise standards that are in some cases more stringent than DEQ
standards will require the City to be responsible for measurement of noise and
enforcement. Time will be necessary to train the Code Enforcement Officer and
$1,000 to $2,000 shall be required to purchase noise measuring equipment to
enforce the proposed ordinance.
SUGGESTED ACTION
Approve the ordinance. Staff will be prepared at the hearing to recommend
which noise standards to adopt.
C.
MEMORANDUM
TO: Ed Murphy, Community Development Dept. Director
FROM: Keith S. Liden, Senior Planner
RE: Noise Ordinance Revisions
DATE: September 1, 1989
At the August 14th hearing, the issue of noise standards was discussed and the
Council instructed the staff to research this aspect of the ordinance in
greater detail. There was a concern that the proposed standards would be too
restrictive, particularly when only commercial and industrial uses are
involved.
DEQ sent copies of several ordinances which have more lenient standards for
commercial and industrial uses. After reviewing these and discussing the issue
further with Terry Obteshka of DEQ, it appears that a relaxed set Of standards
for noise occurring within commercial and industrial zones would be
appropriate. The ordinances reviewed also included more lenient standards for
commercial and industrial uses near noise sensitive or residential uses.
Below are two possible options to the provisions in the proposed Tigard noise
ordinance. The first simply allows for higher noise levels within commercial
and industrial areas but retains the proposed maximums which would affect
residential uses. The second option would apply a relaxed standard when
( commercial and industrial activities are near residential uses. t
option 1.
t
7.40.170 Allowable noise limits. The following noise standards shall apply
when measuring noise levels at the noise-receiving land use as measured in r
accordance with Section 7.40.180 below:'
c
1
(a) Maximum noise levels. The following maximum noise decibel levels shall not
be exceeded over 1% of the time (L1 dBA) statistically averaged over any
one hour period: i.
Time of Day Maximum Noise Level, L1 dBA
7:00 AM - 10:00 PM 60 - Noise-sensitive land use
10:00 PM - 7:00 AM 55 - Noise-sensitive land use
7:00 AM - 10:00 PM 75 - Commercial/Industrial land use
10:00 PM - 7:00 AM 65 - Commercial/Industrial land use
(b) Average maximum noise levels. The following average noise decibel levels r
shall not be exceeded over 50% (L50 dBA) of the time statistically G
averaged over any one hour period:
Time of Day Maximum Noise Level, L50 dBA
7:00 AM - 10:00 PM 50 - Noise-sensitive land use
F
}
70 - Commercial/Industrial land use
10:00 PM - 7:00 AM 45 - Noise-sensitive land use
60 - Commercial/Industrial land use
option 2.
7.40.170 Allowable noise limits. The following noise standards shall apply
when measuring noise levels in accordance with section 7.40.180 below. For the
purposes of this section, "day" hours are between 7:00 AM and 10:00 PM and
"night" hours are between 10:00 PM and 7:00 AM.
(a) Maximum noise levels. The following maximum noise decibel levels shall
not be exceeded over 1% of the time (Ll dBA) statistically averaged over
any one hour period:
Tyne of Source by Use Tyne of Receiver by Use
Noise Sensitive Commercial Industrial
Day Night Day Night Day Night
Noise-sensitive 60 55 65 60 70 65
Commercial 65 55 65 60 70 65
Industrial 65 55 65 60 75 70
(b) Average maximum noise levels. The following average noise decibel levels
shall not be exceeded over 50% (1,50 dBA) of the time statistically
averaged over any one hour period:
Tyne of Source by Use Tyne of Receiver by Use
Noise Sensitive Commercial Industrial
Day Night Day Night Day Night
Noise-sensitive 50 45 60 55 65 60
Commercial 55 50 60 55 65 60
Industrial 55 50 60 55 70 65
Prior to the hearing on September 11th, I will review possible decibel levels
with DEQ and the cities which have used different standards depending upon the
land use type. Based upon the responses and recommendations received, I will
be prepared to offer a recommendation to the Council on September 11th.
C
CITY OF TIGARD, OREGON
C~
ORDINANCE NO. 89-1Ip
AN ORDINANCE AMENDING THE DEFINITIONS, PROHIBITIONS, AND REMEDIES REGARDING
ALLOWABLE NOISE LEVELS IN THE CITY OF TIGARD AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to amend the City's noise ordinance to better
allow effective enforcement and control of offensive noise.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Sections 7.40.130 through 7.40.220 are repealed and replaced as
follows:
ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE
7.40.130 Noise - Definitions. For purposes of this Section and Sections
7.40.130 through 7.40.220, the following shall mean:
(a) Ambient noise - means the all-encompassing noise associated with a given
environment, usually being a composite of sounds from many sources near
and far. For the purpose of this ordinance, ambient noise level is the
level obtained when the noise level is averaged over a minimum period of
fifteen (15) minutes at a specific location without inclusion of noise
from isolated identifiable sources.
(b) Noise-receiving land use - means any portion of a structure which is
intended for human occupancy that is the recipient Of sounds that are
generated from beyond the boundary of the property upon which the
structure is located. This definition applies to noise-sensitive and
commercial-industrial land uses defined below.
(c) Noise-sensitive land use - means any portion of a church, children day
care, hospital, residential group care, school, single or multi-family
dwelling unit, and mobile home that is intended for living, sleeping, or
eating. This definition excludes accessory areas or structures such as
yard areas, patios, and garages.
(d) Commercial-industrial land use - means any use which is a permitted or
conditional use in the C-P, C-G, CBD, C-N, I-P, I-L, and I-H zoning
districts, as identified in Title 18.
7.40.140 Motor vehicle noises.
(a) Motor vehicles shall operate in a manner which complies with applicable
state motor vehicle noise regulations.
(b) The idling of engines and auxiliary equipment on motor vehicles on private
property, which exceed the noise standards specified in Sections 7.40.170
and 7.40.180, shall not be permitted for a period greater than five (5)
minutes.
7 .40.150 Jake brakes prohibited. No person shall operate within the city
limits of the city of Tigard a motor vehicle exhaust-braking system commonly
known as a "jake brake". For the purposes of this section, the exceptions set
forth in Section 7.40.190 shall not apply and this section shall be read as an
absolute prohibition of the operation of such motor vehicle breaking systems
within the city of Tigard.
7 40 160 Noise emanating from certain property. Except as may be expressly
allowed pursuant to the provisions of Sections 7.40.140, 7.40.190, 7.40.200,
and 7.40.210, no person shall cause or permit noise to emanate from the
property under his or her control so as to cause the ambient noise level at the
nearest noise-receiving land use to exceed the levels specified in Sections
7.40.170 and 7.40.180.
7.40.170 Allowable noise limits. The following noise standards shall apply
when measuring noise levels at the noise-receiving land use as measured in
accordance with Section 7.40.180 below:
(a) Maximum noise levels. The following maximum noise decibel levels shall not
be exceeded over 1% of the time (L1 dBA) statistically averaged over any
one hour period:
Time of Day Maximum Noise Level, L1 dBA
7:00 AM - 10:00 PM 60
10:00 PM - 7:00 AM 55
(b) Average maximum noise levels. The following average noise decibel levels
shall not be exceeded over 50% (L50 dBA) of the time statistically
averaged over any one hour period:
Time of Day Maximum Noise Level, L50 dBA
7:00 AM - 10:00 PM 50 - Noise-sensitive land use
55 - Commercial/Industrial land use
10:00 PM - 7:00 AM 45 - Noise-sensitive land use
50 - Commercial/Industrial land use
55 - Commercial/ Industrial land use if
not occupied during this time period
(c) When the City Administrator has reasonable cause to believe that the
requirements of subsections 7.40.170 (a) and (b) do not adequately protect
noise-receiving land uses, the City Administrator may require compliance
with the "Octave Bands and Discrete Tones" regulations contained in
"Chapter 340, Oregon Administrative Rules, Division 35, Noise Control
Regulations for Industry and Commerce".
7.40.180 Standard for measurement.
(a) Measurements shall be made with a calibrated sound level meter meeting the
requirements of a Type I or Type II meter, as :specified by the American
National Standard Specification for Sound Level Meters (ANSI Standards
C 1.4-1971). For purposes of this ordinance, a sound level meter shall
contain at least a recording calibration curve for an "A" weighing
network, and both fast and slow meter response capability.
(b) Persons conducting sound level measurements shall have received training
in the techniques of sound measurement and the operation of sound
measuring instruments from the Department of Environmental Quality, a
registered acoustical engineer, or other competent body prior to engaging
in any enforcement activity.
(c) Noise measurements shall be taken at a height of 5 feet above the floor
elevation(s) of the noise-receiving land use and a distance of 25 feet
from the noise-receiving land use in the direction of the noise source.
If the noise source and noise-receiving land use are less than 25 feet
apart, the measurement shall be taken at the property line.
7.40.190 Noise - Exemptions to restrictions. The restrictions imposed by
Sections 7.40.130 through 7.40.180 shall not apply to the following:
(a) Emergency equipment not operating on a regular or scheduled basis;
(b) Noise emanating from all public streets;
(c) Sounds originating on construction sites and reasonably necessary to the
accomplishment of work in progress; provided, however, that no
construction work may be carried out between the hours of 9:00 PM and
7:00 AM Monday through Friday, 9:00 PM and 8:00 AM on Saturday, and 9:00
PM and 9:00 AM on Sunday except for bona fide emergencies where the public
health or safety is threatened or for which a special permit, granted by
the City Administrator, has been first obtained in accordance with the
procedures contained in Section 7.40.210; and
(d) Lawn, garden or household equipment associated with the normal repair,
upkeep, or maintenance of property.
7.40.200 Nonconforming situations. Where at the time of adoption of this
title, a lawful level of noise is generated which would not be permitted by the
regulations imposed by this title, the noise level may be continued as long as
it remains otherwise lawful, provided:
(a) The nonconforming noise level complies with applicable State Department of
Environmental Quality standards;
(b) The nonconforming noise level is not increased after the effective date of
adoption or amendment of this title;
(c) The source of the nonconforming noise level is permanently installed
equipment, including but not limited to air conditioning units, trash
compactors, compressors, heat pumps, and exhaust fans;
(d) The nonconforming noise source shall not be moved in whole or in part to
any portion of the lot other than that occupied by such noise source at
the effective date of adoption or amendment of this title;
(e) If the nonconforming noise source is substantially repaired or replaced,
i~
r
any subsequent noise generated from this noise source shall be controlled
to conform with the regulations specified by this title;
(f) If the use associated with the nonconforming noise source is discontinued
or abandoned for any reason for a period of more than six months, any
subsequent noise generated from the site shall conform to the regulations
specified by this title;
7 40 210 Permits required for exceeding allowable noise levels.
(a) The use of amplified voice and music or creation of noise at levels which
would otherwise exceed those permissible under Section 7.40.130 through
7.40.190 may be allowed upon application to the City Administrator.
Application for an amplified sound permit shall be made to the City
Administrator on forms prepared by the City. The applicant shall identify
the date, location and time of the event for which the permit is sought,
and shall provide an estimate of the duration of the event.
(b) In the case of a series of similar events to be conducted at the same
location, the City Administrator may, at his discretion, issue the permit t
in a form extending to cover the entire series. t
(c) The City Administrator shall grant a permit in any instance in which the
event and its accompanying noise will not, in his judgment, interfere
unreasonably with the peace of those likely to be affected by the noise.
In making this judgment, he shall take into account the nature of the
surrounding properties and the benefit to the community of the event for t
which the application is made. The permit shall be subject to immediate
= revocation by the Administrator if any conditions of the permit are !
violated. E
{
(d) The City Administrator may submit any question arising with respect to j.
this Section to the City Council, and if any member of the City Council
requests its submission to the Council, any such question shall be heard
by the Council. In either event, the decision of the City Council shall
be final.
i'.
4
7.40.220 Penalty for chanter violations.
(a) A violation of this Chapter shall constitute a Class 1 civil infraction, ~i
which shall be processed according to the procedures established in the g.
civil infractions ordinance, set out in Chapter 1.16 of this Code.
Notice to abate the nuisance shall be a prior contract.
(b) Each violation of a separate provision of this Chapter shall constitute a
separate infraction, and each day that a violation of this Chapter is
committed or permitted to continue shall constitute a separate infraction.
(c) A finding of a violation of this Chapter shall not relieve the responsible
party of the duty to abate the violation. The penalties imposed by this
section are in addition to and not in lieu of any remedies available to
the City.
f
(d) If a provision of this Chapter is violated by a firm or corporation, the
officer or officers, or person or persons responsible for the violation
/ shall be subject to the penalties imposed by this Chapter.
l
Section 2: This ordinance shall be effective on and after the 30th day
after its enactment.
PASSED: By vote of all Council members present after
being read by number and title only, this day of August,
1989.
Cathy Wheatley, Deputy City Recorder
APPROVED: This day of August, 1989.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
..40.110--7_40.140
o any one automobile, truck, bus, trailer or piece of ve-
h ular equipment;
(c) Used or dismantled household appliances, furniture,
other iscards or junk, for more than five days. (Ord. 86-20
S4 (Exhi 't C(5) (4)), 1986) _ !
7_40.1 Attractive nuisances- (a) No owner or re-
sponsible par shall permit on the property:
(1) Un arded machinery, equipment or other devices j
which are attract e, dangerous, and accessible to children;
(2) Lumber logs, building material or piling placed `
or stored'in a manner o as to be attractive, dangerous, and
accessible to children;
(3) An open pit, uarry, cistern, or other excava-
tion without safeguards or rriers to prevent such places
from being used by children;
(4) An exposed foundat n or portion of foundation,.
any residue, debris or other buil 'ng or structural remains,..
for more than thirty days after the estruction, demolition
or removal of any building or portion f the building-
(b) This section shall not apply authorized con-
struction projects with reasonable safe gu ds to prevent
injury or death to playing children. (Ord- 6-20 §4(Exhibit
C(5) (5)) , 1986) _
7.40.120 Scattering rubbish. No person sh 1 deposit-,
C upon public or private property any kind of rubbis trash,
debris, refuse, or any-substance that would mar.the ear-
ance, create a stench or fire hazard, detract from the lean- ,
liness or safety of the property, or would.be likely to
injure a person, animal, or vehicle traveling upon a publi
way. (Ord- 86-20 §4(Exhibit C(5)(6)), 1986).
X ARTICLE IV. NUISANCES AFFECTING THE PUBLIC
PEACE
7.40.130 Noise--Definitions. For purposes of this
section and Sections 7.40.130 through 7.40.200, the following
mean:
(a) "Ambient noise".means the all-encompassing noise
associated with a given environment, being usually a com-
posite of sounds from many sources, near and far.
(b) "Noise-sensitive property" means real property on
which people normally sleep and, in addition, schools,
churches, hospitals and public libraries. (Ord. 86-20 §4
(Exhibit C(6) (1) (a)) , 1986).
7.40.140 Motor vehicle noises. No person shall operate
'a motor vehicle in such a manner or at such a location as to
cause the noise created by the vehicle to cause the ambient
noise level at the nearest noise-sensitive property to ex-
teed the levels specified in Section 7.40.160, as measured
87-1 (Tigard 8/15/86)
7.9 0 _ 15 0-- 7.4 0 _ 18 0
at a point located twenty-five feet from the noise-sensitive
structure toward the noise source- (Ord- 86-20-§4(Exhibit
' C (6) (1) (b)) , 1986) _
7.40.150 Noise emanating from certain property. Except
as may be expressly allowed pursuant to the provisions of
Section 7.40_220, no person shall cause or permit noise to
emanate from the property under his or her control so as to
cause the ambient noise level at the nearest noise-sensitive
property to exceed the levels set forth in Section 7.40.160,
as measured at a point located twenty-five feet from the
noise-sensitive structure toward the noise source- (Ord.
86-20 §4 (Exhibit C (6) (1) (c)) , 1986).
7.40.160 Allowable noise limits. Allowable noise
limits are as follows:
Time Maximum Noise Level, DBA
7:00 a.m_ 10:00 p.m_ 60
10:00 p.m. 7:00 a.m. 55
(Ord. 86-20 §4 (Exhibit C(6) (1) (d)) , 1986).
7.40.170 Noise--Exemptions.to restrictions. The re-
strictions imposed by Sections 7:40.140 through 7._40.160 of
f this chapter shall not apply to the following:
(a) Emergency equipment not operating on a regular or
scheduled basis;
(b) Noise emanating from the Pacific Highway, Highway
I-217 and Highway I-5;
(c) Sounds originating on construction sites and rea-
sonably necessary to the accomplishment of work in progress;
provided, however, that no construction work may be carried
on between the hours of nine p.m. and seven a.m., except for
bona fide emergencies where the public health or safety is
threatened or which a special permit, granted by the city
council, has been first obtained. Any such special permit
may be granted by the city council only after first having
held a hearing and having otherwise followed the administra-
tive procedures contained in Chapter 18.32 of this code;
(d) Emergency repair equipment not operated on a regu-
lar or scheduled basis;
(e) Lawn, garden or household equipment associated
with the normal repair, upkeep or maintenance of.property.
(Ord. 86-20 §4 (Exhibit C(61(1) (e)) , 1986) _
7.40.180 Jake brakes prohibited- No person shall
operate within the city limits of the city of Tigard a motor
vehicle exhaust-braking system commonly known as a "jake
brake-" For the purposes of this section, the exceptions
set forth in Section 7.40.170 shall not apply, and this
87-2 (Tigard 1/15/87)
i;re?'c 7-40-190--7.40.210
f
:tom
section shall be read as an absolute prohibition of the
operation of such motor vehicle braking systems within the
►:;city of Tigard- (Ord. 86-20 §4 (Exhibit C(6) (1) (f)) , 1986)
7.40.190 Sound-amplifying equipment restrictions. No
person shall cause or permit noise to emanate from sound-
amplifying equipment under their control so as-to cause the
ambient noise level to exceed sixty DBA at any distance one
hundred feet or more from the sources between the hours of
seven a_m_ and ten p_m., and fifty-five DBA one hundred feet
from the source between the hours of ten p.m. and seven a_m.
(Ord. 86-20 §4(Exhibit C(6) (1) (g)) , 1986) _
7.40.200 Violation--Penalty. Failure to abate the
nuisance within the time allowed for abatement shall consti-
tute a Class 1 civil infraction which shall be processed
according to the procedures established in Chapter 1.16 of
this code, Civil Infractions.
(b) Each violation"of a separate provision of Sections
7.40.130 through 7.40_200 shall constitute a separate in-
fraction, and each day that.a violation of such sections is
committed or permitted.to continue shall constitute a sep-
arate violation-
(c) A finding of a violation of Sections 7.40-130
through 7.40.200 and imposition of a civil penalty shall not
relieve the responsible party of the duty to abate the vio-
lation, except where•the'ci'ty has acted to abate the nuisance.
In such a situation,--the responsible party shall be liable
for the costs pursuant to Section 1.16_340 of the civil in-
fractions ordinance codified in Chapter 1.16 of this code.
(d) If a provision of Sections 7_40_130 through 7_40-
.200 is violated by a firm or corporation, the officer or
officers, or'person or persons responsible for the violation
shall be subject to the penalties imposed by this section.
(Ord. 86-20 §4 (Exhibit C(6) (1) (h)) , 1986) _
ARTICLE V. EVENTS USING AMPLIFIED SOUND
7.40.210 Permits required for certain events. (a)
The use of amplified voice and music at levels which would "
otherwise exceed those permissible.under Sections 7_40_130
-through 7.40.200 may be allowed upon application to the city
administrator- Application for an amplified sound permit
shall be made to the city administrator on forms prepared by
the city- The applicant shall identify the date, location
and time of the event for which the permit is sought, and
shall provide an estimate of the duration of the event.
(b) In the case of a series bf similar events (for
example, a season's high school football games), to be con-
ducted at-the same location, the city administrator may, in
C his discretion, issue the permit in a form extending to cover
87-3 (Tigard 8/15/86)
7.40.220
the entire series. In that•event, the permit shall be sub-
ject to the administrator's withdrawal at any time.
(c) The city administrator shall grant a permit in any
instance in which the event and its accompanying noise will
not, in his judgment, interfere unreasonably with the peace
of those likely to be affected by the noise. In making this
judgment, he shall take into account the nature of the sur-
rounding properties and the benefit to the community of the
event for which the application is made.
(d) The city administrator may submit any question
arising with respect to this section to the city council,
and if any member of the city council requests its submission
to the counL;ii., any such question shall be heard by the
council- In either event, the decision of the city council
shall be final.
(e) No permit authorized by this section shall give
the applicant the right to cause or permit sound to emanate
from the property on which the event is held so as to cause
the ambient noise level at the nearest noise-sensitive
property to exceed fifty-five DBA after the hour of eleven
p.m. (Ord. 86-20 54 (Exhibit C (4) (7)) , 1986) .
ARTICLE VI. VIOLATION--PENALTY
7.40.220 Penalty for chapter violations. (a) A vio-
lation of this chapter shall constitute a Class 1 civil
infraction= which shall be processed according tb the proce-
dures established ih-the civil infractions ordinance, set . .I
out at Chapter 1_16 of this code. Notice to abate the nui-
sance shall be a prior contract-
(b) Each violation of a separate provision of this
chapter shall constitute a separate infraction, and each day.
that a violation of this chapter is committed or permitted
to continue shall constitute a separate infraction.
(c) A finding of a violation of this chapter shall not
relieve the responsible party of the duty to abate the vio-
lation. The penalties imposed by-this section are in addi-
tion to and not in lieu of any remedies available to the
city- r
(d) "If a provision of this chapter is violated by a
firm or corporation, the officer or officers; or person or
persons responsible for the violation shall be subject to
the penalties imposed by this chapter- (Ord. 86-20 §4
(Exhibit C(8)); 1986).
C •
87-4 (Tigard 8/15/86)
s' MEMORANDUM
TO: Ed Murphy, Community Development Dept. Director
FROM: Keith S. Liden, Senior Planner
RE: Noise Ordinance Revisions
DATE: September 11, 1989
As I indicated in my September lot memo regarding noise standards, additional
information would be obtained and noise enforcement officers from other
jurisdictions would be interviewed prior to making a recommendation to the City
Council on the September 11th hearing. DEQ provided several noise ordinances
which included separate standards for commercial and industrial uses. The two
most suitable ordinances were for the cities of Salem and Portland. The
standards for these cities are listed below:
Portland
Maximum noise levels (L max) for new uses.
Zone of Receiver
Zone of Source Residential Commercial Industrial
Residential 55 60 60
Commercial 55 65 65
Industrial 60 65 70
Salem
Maximum noise levels (L max) permitted.
Type of Source by Use Type of Receiver by Use
Noise Sensitive Commercial Industrial
Day Night Day Night Day Night
Noise Sensitive 55 45 60 55 65 60
Commercial 55 50 70 65 70 65
Industrial 55 50 70 65 75 70
I discussed these standards with the noise enforcement officers from the two
cities and found that they were satisfied with the adopted requirements and
did not feel that any modification was needed. The Portland representative
prefers the maximum standard (as opposed to L 1, L 50, etc.) because it is the
easiest to quantify.
Terry Obteshka of DEQ found the proposed standards in options 1 and 2 of my
September lot memo to be appropriate and that the standard of L 45 dBA for
P
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residential uses in the evening to be the lowest he would recommend. He stated
that DEQ is prepared to train City personnel to take noise measurements.
Based upon the comments and information received, I recommend the following
amendments to the draft ordinance in the Council's September 11th packet.
7.40.130 Noise - Definitions.
(d) Commercial land use - means any use which is a permitted or conditional tt
use in the C-P, C-G,' CBD, and C-N zoning districts, as identified in Title
18. ~
(e) Industrial land use - means any use which is a permitted or conditional
use in the I-P, I-L, and I-H zoning districts, as identified in Title 18.
7.40.170 Allowable noise limits. The following noise standards shall apply
when measuring noise levels in accordance with section 7.40.180 below. For the
purposes of this section, "day" hours are between 7:00 AM and 10:00 PM and
"night" hours are between 10:00 PM and 7:00 AM.
s
(a) Maximum noise levels. The following maximum noise decibel levels
(L max) shall not be exceeded:
Tune of Source by Use Type of Receiver by Use
Noise Sensitive Commercial Industrial
Day Night Day Night Day Night
Noise-sensitive 60 55 65 60 70 65
Commercial 65 55 65 60 70 65
Industrial 65 55 70 65 75 70
(b) Average maximum noise levels. The following average noise decibel levels
shall not be exceeded over 50% (L50 dBA) of the time statistically
averaged over any one hour period:
Type of Source by Use Type of Receiver by Use j
Noise Sensitive Commercial Industrial
Day Night Day Night Day Night
Noise-sensitive 50 45 60 55 65 60
Commercial 55 50 60 55 65 60
Industrial 55 50 65 60 70 65
September 11, 1989
TO: Mayor Edwards & City Council
FROM: Valerie Johnson
REF: Noise Ordinance
In review of material submitted by Mr. John Feessler and further discussion
with our staff, I fear we are headed in the wrong direction with this
consideration.
A recent corm ercial development abutting a residential zone prompted our
actions. Our intent was to alleviate the problems was good, but frankly we may
have misdirected our concerns.
Staff now advises that new law will not change conditions on the existing
development. Realizing this, I took a new look at the drafted ordinance and
now feel this would move us in the direction of bad law and tremendous
enforcement burden.
I respectfully request we redirect our energies to reviewing our screening and
buffering requirements for non-residential zones abutting residential zones.
Adequate buffering will be the only permanent, low maintenance regulation for
the inevitable conflicting needs of different zones.
I appeal to you to consider closing our pursuit of the noise ordinance in favor
of a careful review of our conditions of development as described above.
I know the problems are very important and we want to prevent them to the
fullest extent possible, ]cant I firmly believe the development conditions are a
more fair, satisfactory permanent solution.
Thank you for your consideration of my comments.
/s/Valerie
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 11, 1989 DATE SUBMITTED: Auciust 30, 1989
ISSUE/AGENDA TITLE: Adoption of PREVIOUS ACTION: City Center Development
Cit Center Development Plan Agency Created on February 13 1989
PREPARED BY: Elizabeth A. Newton
DEPT HEAD CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
Should the City Council adopt the City Center Development Plan creating the City
Center Development area and authorizing the use of Tax Increment Financing to fund
projects and programs in the area, and accept the City Center Development report which
outlines the planning and funding mix for projects and programs?
INFORMATION SUMMARY
Attached is an ordinance which, if approved, would adopt the City Center Development
Plan. The Plan sets the City Center Development District boundaries, authorizes the
use of tax increment financing for projects, establishes a 16 year effective period,
and lists generally the programs and projects. In addition, the Plan identifies the
City Council as the City Center Development Agency and establishes the City Center
Advisory Commission. If adopted, the City Center Development Plan will be referred to
the voters as required under City Charter. (A resolution referring the Plan to a
November 7 election date is being prepared for the City Council's consideration on
September 25, 1989.)
( Also attached is a resolution which, if approved, would "accept" the City Center
Development Report. The report is intended as a companion document to the Plan and
further defines the programs and projects to be undertaken as well as the phasing and
funding mix. In addition, the Report documents existing conditions in the area which
under ORS 457 qualify as "blighting conditions".
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance adopting the City Center Development Plan and the
resolution accepting the Report as submitted on September 11, 1989.
2. Receive public testimony on September 11, 1989, direct staff to make appropriate
revisions to the Plan and Report and postpone adoption of the ordinance and
resolution to September 25, 1989, or some later date.
FISCAL IMPACT
The primary fiscal implication is that adoption of the Plan, if ratified by the
voters, would allow the use of tax increment financing to fund projects and programs
in the City Center Development area. The fiscal impacts detailed in the Report
include the use of tax increment financing for approximately 44% of project funding.
In addition, it is estimated that Local Improvement Districts would provide 16% of the
funds, 29% would come from the Department of Transportation and 11% of the financing
would come from other sources including City General Obligation Bonds and Capital
Improvement Program funds.
SUGGESTED ACTION
Approve the attached ordinance adopting the City Center Development Plan and the
resolution accepting the Report as submitted.
Note: Proposed revisions to the Amendment and Duration Sections (Section 1200
and 1300) of the Plan will be distributed later this week as well as a change
in the description of the Ash St/Walnut St. project.
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MEMO
9/9/89
TO: City Council
FM: Duane Roberts, Administrative Planner
SUBJECT: Tigard City Center Development Plan and Report
Please find enclosed the following emendations to the above-mentioned
documents:
Amendment
City Center Development Plan: Page No.
p. 20, item 1 a change in the description of the proposed Ash Avenue 1
extension and improvement project
between pp. 23 a new map showing more clearly the alignment of the 2
& 24, Exhibit "B" proposed Ash Avenue extension
p. 24, section 602.C(2), new language proposed by the City 3 - 4
p. 35, sections 1200, 1201, & 1202 Attorney dealing with changes to the
p. 37, section 1301 Development Plan
0.
City Center Development Report:
p. 22, Table 8 under 1. Ash Avenue, the 3,200 listed for City G.O. bonds 5
is revised to 3,120; 80 in tax increment funding is added
to the funding source column
p. 25, Table 9 under 1. Ash Avenue, 2,700 in tax increment is revised to 6
3,300; in the total cost column, 4,000 is revised to
4,600
LL xNxl ent Pg. No. I
STREETS AND TRAFFIC (listed alphabetically)
1. Ash Avenue. Extend and improve Ash Avenue to provide a connection between
the Walnut/Pacific Highway intersection and the Hunziker Street/Hall
Boulevard intersection, following the approximate alignment of the
existing Ash Avenue in the Development Area.
20
page 140. 2
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Amendment Page No. 3
O'DONNELL. RAMIS. ELLIOTT & CREW
ATTORNEYS AT LAW
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
(3031 222-4402
DATE September 7, 1989
To Ed Murphy, Director of Community Development, City of Tigard
FROM Timothy V. Ramis, City Attorney's Office
RE Urban Renewal Amendments
~ i
F
Based upon our earlier discussion, I propose the following:
arAendments to the Jrune 1, 1989, draft of the Tigard City Center
Development Plan.
E
Section 602(2) should be completely replaced with the
following language:
E
!'Where property to be acquired is part of a new
project, such acquisition shall be regarded as a
substantial change and shall comply with the procedures
of this Plan as set forth in section 1202(A)."
Section 1200 should be completely replaced with the
following language:
"Section 1200 - Procedures to Chancre or Amend the ~
Approved City Center Development Plan. This Plan will
be reviewed and analyzed periodically and will continue
to evolve during the course of its implementation. The
Plan may be changed, clarified, and modified or amended
as future conditions warrant, subject to the following
procedures:"
"Section 1201 - Minor Changes. Any change that is not
a substantial change, as defined in section 1202 below,
shall be proposed by resolution of the Development i
Agency in which the details of the minor change or
.changes shall be described. For example, minor Changes s
include but are not limited to the identification of
specific properties to be acquired for approved public
capital improvement projects, if different from those
properties identified in Exhibit B. (see section
602(A
and properties identified through the adoption
of the Property Acquisition Policy (see section
602(B)).)"
• Amendment Page No. 4
Memo re Urban Renewal Amendments
S4ptember 7, 1989
PAge - 2
"Section 1202 - Substantial Changes.
A.
$ubstantial changes Requiring Council Apprayal,.
The following changes shall be considered
substantial changes to the Plan and shall be
approved by the City Council by nonemergency
ordinance, pursuant to ORS 457.095, after public
notice and a hearing:
i 1. Implementation of land assembly to
3 coordinate private construction within
the development area;
2. Improvement program activities that
amend or add to the activities listed in
' section 601 (19)-(22).
B. Substantial Changes Requiring Voter Approval.
The following changes shall be considered
i substantial changes to the Plan and shall be
approved by the voters of the City if required by
applicable charter provisions, after being
approved by the City Council in the manner set
forth is section A above:
1. Increases in the land area within the
boundaries of the development area;
2. Increases in the duration of the Plan as
described in section 1301;
3. New projects as defined in section 212
which are public capital improvement
projects."
Section 1301 - Duration of Development Plan should be
am_nded to read:
i
"This Plan shall remain in effect for a period of not
more than 16 years from the effective date of this
Plan. The Plan may be terminated prior to the time set
forth above, subject to the reomirements of ORS 457, if
the City council finds that there is no longer a need
for an urban renewal plan."
Ameriidnent: Page No. 5
401.13
Table 8
Projects, Costs & Funding Sources
Period: Fiscal Years 1996-2000
(Amounts in Thousands)
ProjectLActivity Funding Source Total Cost*
1. Ash Ave. Impr. - Walnut to Burnham $ 2,000 LI.D. Assmts
3,120 City G.O. Bonds $ 5,200
.80 Tax Increment
2. Building Rehabilitation Assistance 60 Tax Increment 60
3. Commercial St. Impr. - Main to Hall 300 L.I.D. Assmts.
200 Tax Increment 500
4. Entryways, Landscaping, Public Art 60 Tax Increment
20 Private Grants 80
5. Fanno Park Development - Phase 111
(Master Plan HA - H.13) 252 Tax Increment 252
6. Pacific Highway Ramp to Tigard St. 5,600 Dept of Transp. 5,600
7. Public Parking Structure - 500 cars 3,500 Tax Increment 3,500
8. Tigard Public Square Development 1,500 Tax Increment 1.500
Period Total $16,692
*Note: Project costs reflect 4% per year inflation cost increase over current cost estimates
Period 1996-200 Revenue Summary
Tax-Increment Revenues $ 5,652
City Capital Levy or Bond Issue 3,120
Commercial St. L.I.D. Assmts 300
Ash Avenue LLD. Assessments 2,000
State Dept. of Transportation 5,600
Private, State and/or Metro Arts Comm. Grants 20
Total Revenues $16,692
Note: it is estimated that about 60% of the Commercial St. improvements
can be assessed to benefitted properties. Only about 40% of the Ash
St. improvement can be assessed due to major expenditure on
section bridging Fanno Creek Park.
22
Pendm►+t: Page No. 6
401.C
FTable 9
Projects, Costs & Funding Sources
Period: Fiscal Years 2001-2005
(Amounts in Thousands)
Project/Activity Funding Source Total Cost*
1. Ash Avenue - Burnham to Hall via Scoffins $1,300 Assmts
(Phases II & III) 3,300 Tax Increment $ 4,600
2. Building Rehabilitation Assistance 100 Tax Increment 100
3. Greenburg Road Extension 1,500 Tax Increment 1,500
4. Hall Boulevard - Pacific Highway 4,500 Dept of Transp.
to Fanno Creek 1,600 L.I.D. Assmts
2,400 Tax Increment 8,500
5. Pedestrian Weather Protection 100 Tax Increment 100
6. Public Art 29 Tax Increment
50 Grants & Donations 79
7. Public Parking Facilities 500 Tax Increment 500
Period Total $15,379
*Note: Estimated costs for projects in this period include annual inflation factor of 4% over current year
cost estimates.
Period 2001-2005 Revenue Summary
Tax Increment Revenues $ 7,929
State Dept. of Transportation 4,500
Local Improvement Dists.(L.I.D.) Assmts 2,900
Arts Commission & Private Grants for Art 50
$15,379
25
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 11, 1989 DATE SUBMITTED: _ AuCrust 30, 1989
PREVIOUS ACTION: Public Hearings on
ISSUE/AGENDA TITLE: CPA 89-0Apo
Ash Avenue and Burnham/Tigard July 10, 1989, and August 22, 1989
Real i nment PREPARED BY: Elizabeth Newton
DEPT HEAD O ITY ADMIN OREQUESTED BY: City Council
CY
ISSUE
Should the Council adopt the final order amending the comprehensive plan
transportation map?
INFORMATION SUMMARY
On August 21, 1989, City Council voted to approve CPA 89-06, Ash Avenue
extension and Burnham/Tigard realignment, and directed staff to prepare a Final
order ameending the comprehensive plan transportation map. The ammendments
involve the realignment of Burnham St. to connect with Main opposite Tigard St.
They also involve the extension of Ash Avenue westerly to connect with Pacific
Highway opposite Walnut St. and the extension of Ash at its eastern end to
connect with Hall opposite Hunziker. Council also directed staff to submit a
proposed scope of work for a specific alignment analysis for the proposed Ash
Street extension.
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance approving CPA 89-06.
2. Modify the attached ordinance.
FISCAL IMPACT
There is no immediate fiscal impact to the City resulting from the final order.
However, the alingment analysis will require use of City funds, and,
ultimately, the construction and maintenance of the streets will require
significant funding.
SUGGESTED ACTION
Approve the attached ordinance approving CPA 89-06.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9/11/89 DATE SUBMITTED: 9/1/89
ISSUE/AGENDA TITLE: Taira-Klaus PREVIOUS ACTION: Public Hearing on
Corporation (formerly Daniel) ZCA 89- Au t 28, 1989
- Second Read' of Ordinance No. 4W2 PREPARED BY: Cathy Wheatley
DEPT HEAD OK CITY ADMIN OK REQUFS"IED BY: City Council
POLICY ISSUE
should the City approve a reduction in the allowed density in Washington County
frcan 6 units to 4.5 units per acre or designate the property R-7 (Residential,
7 units/acre) as provided in the Urban Planning Area Agreement with Washington
County?
INFORMATION SUMMARY
A public hearing was held before Council on August 28, 1989. The hearing was
closed after council received the staff report, staff recommendation, and
testimony from the public. Ordinance No. 89-22, which is attached, was read by
number and title; it was moved by Councilor Schwartz, seconded by Councilor
Eadon, to adopt Ordinance No. 89-22 with the amendment that the owner's name
"Daniel" be changed to reflect the current owner, "Taira-Klaus Corporation."
The ordinance received a majority "aye" vote (Councilors Eadon, Kasten and
Schwartz) with Mayor Edwards and Councilor Johnson voting "No." Council
procedure, in the past, has been to hear a second reading and vote again on
ordinances which do not receive a unanimous vote at their first reading.
The attached Ordinance has been amended as stipulated in the motion on
August 28.
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance.
2. Modify and approve the attached ordinance.
FISCAL IMPACT
The difference in density between the R-4.5 and R-7 zones would be 100 units.
this would affect the City's overall assessed value as well as other costs and
revenues to the City. However, based upon the preliminary proposals which have
been formulated by the property owner, it appears likely that the actual
developed density will be in keeping with the R-4.5 zone.
SUGGESTED ACTION
Approve the ordinance.
cw.zca8906
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Norv C15Prldc-
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 11, 1989 DATE SUBMITTED: September 6, 1989
ISSUE/AGENDA TITLE: Resolution of PREVIOUS ACTION:Placina Parks Levy on
Public Necessity - Summerlake Park September 19, 1989 Ballot.
PREPARED BY:
DEPT HEAD O CITY ADMIN OK REQUESTED BY: Community Development
POLICY ISSUE
Should the Council authorize the City Attorney and staff to acquire necessary
real property for Summerlake Park improvements?
INFORMATION SUMMARY
The City Council previously placed on the September 19, 1989, ballot a Parks
Levy that would improve the City's Park and Open Space system. Also included
in the levy was the acquisition of approximately 2 acres for Summerlake Park.
Due to the rapid development of the area and unwillingness of the property
owners to continue negotiations, staff is recommending Council consider this
action now rather than wait until after the September 19, 1989, election.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution declaring a public necessity to acquire
certain property for the development of Summerlake Park.
2. Delay adoption of the resolution.
3. Do not adopt the resolution.
FISCAL IMPACT
Acquisition cost which will be funded from the Parks Levy.
SUGGESTED ACTION
Staff recommends Council pass the attached resolution authorizing the staff and
City Attorney to acquire necessary real property for Summerlake Park subject to
the passage of the September 19, 1989, Park Levy.
I dj/SS-SP-R.RC