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City Council Packet - 11/06/1989 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item should sign on the appropriate NOVEMBER 6, 1989 5:30 PH sign-up sheet(s). If no sheet is available, TIGARD CIVIC CENTER ask to be recognized by the Mayor at the 13125 SW HALL BOULEVARD beginning of that agenda item. Visitor's TIGARD, OREGON 972223 Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. 5:30 o COUNCIL WORKSHOP (5:30 p.m.) - Agenda Review 6:30 o STUDY SESSION - Workshop with Tualatin Valley Economic Development Corporation 7:30 1. BUSINESS MEETING 1.1 Call to Order 1.2 Pledge of Allegiance 1.3 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 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: September 19, 25, 1989; October 9, 1989. 3.2 Receive and File: Council Calendar 3.3 Approve Final Order - Camprehensive Plan Amendment CPA 89-08 Zone Change 89-08 Gross; NPO #7 - Resolution No. 89- 3.4 Authorize Issuance of General Obligation Improvement Bonds- Resolution No. 89- 4. PUBLIC HEARING - COMPREHENSIVE PLAN ANA CPA 89-07 ZONE CHANGE 89- 07 METZGER-FMS/ROCKWELL NPO #5 A request for a Ccuprehensive Plan Amendment from Commercial Professional to Medium-High Density Residential and a Zone Omnge from C-P (Cxemlercial Professional) to R-25 (Residential, 25 units/acre) for approximately 5 acres. LpCATION: West side of SW 72nd Avenue, between SW Varns Street and SW Fir Street (Wcam 2S1 1DB, Tax Lacs 800 & 801, 2S1, 1DC, Tax Lot 3600). o Public Hearing Continued from October 23, 1989 o Declarations or Challenges o Summation by Ca nminity Development Staff o Public Testimony: Proponents, ' Opponents, Cross Mmmination o Reccmmendation by Community Development Staff o Council Questions or cannents o Public Hearing Closed o Consideration by Council • COUNCIL AGENDA, - NOVEMBER 6, 1989 - Page 1 5. PUBLIC HFARIM - ZONE ORDINANCE AN~ ZOA 89-03 CITY OF TIGARD An amerxbient of Chapter 18.90, Environmental Performance Standards, to adopt temporary Oregon Administrative Rules related to construction activities within the Tualatin River basin. Oregon Environmental Quality Coamussion directives require the new rules to be in effect by January 1, 1990. Location: City-wide. 0 Public Hearing Opened o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Pjecotmnendation by Ct m unity Development Staff 0 Council Questions or Comments o Public Hearing Closed 6. PUBLIC HEARING - PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT Consideration of an amerxtnent to Ordinance No. 89-14 creating the Pacific Corporate Center Local Improvement District. The purpose of the proposed amendment is to correct the legal description of the District boundaries as set forth in Exhibit "A" to said ordinance. More particularly, the proposed amendment will reduce the width of the norther 475 feet of the district luuediately south of Bonita Road from 87.5 feet to 72.5 feet. This proposed correction of the legal description will be the sole issue for consideration and action by the Council. o Public Hearing Opened o Declarations or Challenges o Summation by Cxm=nity Development Staff O Public Testimony: Proponents, Opponents, Cross Emmination o Recommendation by Comamity Development Staff o Council Questions or Co menu O Public Hearing Closed 7. NON-AGENDA ITEMS: From Council and Staff 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (h) & (i) to discuss labor relations, real property transactions, current and pending litigation issues, and City Administrator's evaluation. 9. AA70000TEN ' cca1107 C COUNCIL AGENDA - NOVEMBER 6, 1989 - Page 2 i - 3 1 rr TIGARD CITY COUNCIL i 1. MEETM NIINfTMS - NOVEMBER 6, 1989 1. FIRL CUL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Irene Ertell, Librarian; Ed Murphy, Community Development Director (arrived at 6:10 p.m.); Liz Newton, Community Involvement Coordinator; and Catherine Wheatley, City Recorder. 2. STUDY SESSION: a. Library Discussion: City Administrator Reilly, Librarian Ertell, and Council discussed the upcoming County Library Levy targeted for the March election. The City of Tigard participates in a county- wide cooperative library service; funding for this program is presently calculated through a formula based on each city's i. assessed valuation. The Cooperative Library Advisory Board (CT-AB) has been considering recoamnen bxxj to the County Board of Commissioners changing the formula to distribute funds based on circulation. This latter formula would significantly impact the City of Tigard - preliminary estimates indicate that the City would receive about $100,000 less than with the assessed valuation formula. Two main issues were discussed by council: r 1. Does the City support the proposed levy amount (approximately double the amount currently being collected)? + 2. Does the City wish to pursue the concerns over the potential s` change in the distribution formula? t Council consensus was that while they were disconcerted about the levy increase, the proposed change to the distribution formula was the primary concern. The philosophical question of marketing i. versus reference was noted; that is, should libraries be participating in programs such as video distribution to increase circulation numbers or should libraries be concentrating on providing reference services to their patrons. Librarian Ertell t` advised Tigard purposely limited their video selections to avoid ' ooaipeting with private video rental businesses. When other libraries stock a large video collection, with a three-day check- out time, the video circulation comprises up to 18 percent of total circulation. a (Community Development Director arrived - 6:10 p.m.) City Administrator, Librarian, and Councilor Eadon will be attending the C IM meeting on Wednesday, November 8, to represent Tigard's position. CITY COUNCIL MEETING MIIQ[IM - NOVEM13ER 6, 1989 - PAGE 1 t b. Calendar Review: New dates to note for Council meetings are as follows: Special Council Meeting - November 16, 1989 5:30 - 7:00 Administrative Items (Space Needs) 7:00 Dartmouth LSD Regular Council Meeting - December 4, 1989 6:30 - 7:30 Study Agenda 7:30 Business Meeting (Presently Scheduled: Bull Mountain Annexation Public Hearing) Special Council Meeting - December 7, 1989 12:00 Noon LCRB - Award Bid - Bancroft Bonds 135th Avenue LID Dinner Meeting - Date to be determined (12/6, 7, or 8) - with Portland Councilman Earl Blumenauer regarding light rail Council Workshop - To be scheduled in January C. Discussion Items: Tigard School District has requested City support of their position with regard to class size being tied to "working conditions" as a mandatory bargaining topic in union negotiations. This became an issue as the result of a recent Employee Relations Board (ERB) ruling. City Administrator will draft a resolution for Council consideration to be forwarded to the league of Oregon Cities calling for their support. Whistle-Free Zone issue was discussed briefly. This agenda item will be revisited if increased citizen interest becomes apparent. Cable Television - Mayor suggested Council consider live television coverage when major issues were scheduled. Councilor Eadon advised she would be forwarding material to Council concerning a request from the Metropolitan Area Communications Commission (MACC) for a 10 percent increase in access funding. Council will be asked to consider a resolution from MACC later this month. Hudson Property Development: Senior Planner Liden noted buffering requirements included installation of a cyclone fence with slats and evergreen plantings. Landscaping plans will be submitted to fine-tune buffering layout. There was lengthy discussion with Council expressing concerns over the buffering requirement; i.e., was this adequate? Community Develcpanent Director and Senior Planner noted the final agreement was the result of meetings with the developer and the neighbors. Mayor noted he had received CITY C OMC M MEETING NIINUIES - NOVEMBER 6, 1989 - PAGE 2 t: canm mication from several residents in the area advising they were concerned about the type of buffering proposed. After discussion, Council consensus was to review this issue as a possible Coaamunity Development Code amexxbment. Cmmunity Development Director advised such a change would take four to five months to implement in order to work through reviews with staff, NPO's, Planning C=maission and City Council. Council will note this as discussion topic during their January work session. Bull Mountain Transportation Study: Councilor Eadon noted that Bev Fraude of the Bull Mountain CPO No. 4 has suggested the Bull Mountain Transportation Study be delayed for public release until January. This suggestion was made because of several issues being worked through by residents on Bull Mountain. Lengthy Council f' discussion followed. At issue with the delay was the concern that development was occurring without the Transportation Plan in place. t:*nnexation requests were periling; however, City Administrator reminded Council that annexation and development were two separate processes. Council consensus was to proceed with the Transportation Study as planned. 3. WITH TUAIA r IN VAIr,FY ECONCHIC DEVECDPN NT ATICYJ: (Workshop was postponed.) 4. VIS17MIS AGENDA. No visitors present. b 5. CCNSENT AGENDA: 5.1 Approve Council Minutes: September 19, 25, 1989; October 9, 1989. 5.2 Receive and File: Council Calendar i. 5.3 Approve Wirral Order - Comprehensive Plan Amendment CPA 89-08 Zone Change 89-08 Gross; NPO #7 - Resolution No. 89-86 5.4 Authorize Issuance of General Obligation Improvement Bonds- Resolution No. 89-87 Motion by Councilor Eadon, seconded by Councilor Kasten, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. 4e F 6. PUEUC WAKING - PLAN AFRIKKEI r CPA 89-07 ZCNE CHANGE 89- 07; 1*=GER-EM5/ROG%gUL NFO 15 A request for a Ccmprehensive Plan Amendment from Colmwxcial Professional to Medium-High Density Residential and a Zone Change from C-P (Ccmmercial Professional) to R-25 (Residential, 25 units/acre) for approximately 5 acres. 7JJC` ON: West side of SW 72nd Avenue, between SW Varns Street and SW Fir Street (WCIM 2S1 1DB, Tax Lots 800 & 801, 2S1, 1DC, Tax Lot 3600). o Public Hearing Continued to November 20, 1989 E CITY COUNCIL MEETING MINUTES - NOVEMBER 6, 1989 - PAGE 3 7. P[SGZC - CRDINIlAHM ANUUMV ZOA 89-03 CEN OF TIGARD An amendment of chapter 18.90, Environmental Performance standards, to adopt temporary Oregon Administrative Rules related to construction activities within the Tualatin River basin. Oregon Environmental Quality Cmm-ssion directives require the new rules to be in effect by January 1, 1990. Location: City-wide. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Liden summarized this agenda item. in late July, the State Environmental Quality Coumiission (EQC) adopted new regulations pertaining to non-point source pollution caused by new development. The new regulations apply to construction projects in the Tualatin River Basin for which an application is submitted after January 1, 1990. The City is required to adopt these regulations. The Planning Commission considered these amendments (ZOA 89-03) at their regular meeting on October 17, 1989. The EQC is also considering potential rules which would put additional requirements on new developanents, including a requirement for permanent storm water treatment for some developments. d. Public Testimony: None. e. Staff recommended Council adopt the proposed amendment as recommended by the Planning Commission. f. Public hearing was closed. g. Consideration by Council: ORDINANCE NO. 89-27 AN ORDINANCE TO AMEND C.ZiAPI'ER 18.90, &WIRONMERM PER EMANCE Sr'ANDARDS, OF THE TIGARD COMMUNITY DMUDPMENT CODE AND SEITING AN EFFECTIVE DATE. (ZOA 89-03). Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 89-27. The motion was approved by a unanimous vote of Council present. CITY OOWCIL MEETING ]MINUTES - NOVEMBER 6, 1989 - PAGE 4 8. PU$SC EgARIlG - pAC371C CORFICPATE CENT1R IDCAL DISTRICT Consideration of an amendment to Ordinance No. 89-14 creating the Pacific Corporate Center Local Improvement District. The purpose of the proposed amendment is to correct the legal description of the District boundaries as set forth in Exhibit "A" to said ordinance. More particularly, the proposed amendment will reduce the width of the norther 475 feet of the district immediately south of Bonita Road from 87.5 feet to 72.5 feet. This proposed correction of the legal description will be the sole issue for consideration and action by the council. a. Public hearing was opened. b. There were no declarations or challenges. C. CcmTtunity Development Director summarized this agenda item. The consultants on the Pacific Corporate Center Local Improvement District (LID) project discovered an error in the legal description of the boundaries of the LID. The legal description, as written, includes a small amount of land outside of the intended LID boundary. It was proposed to amend the boundary description to reduce the width of the northerly 475 feet of the District immediately south of Bonita Road from 87.5 to 72.5 feet. This amendment will correct the description to conform with the right- of-way which was actually acquired from John Smets. Legal Counsel has reccamriended that this amendment be adopted in order to make it clear that the Smets' property is not to be assessed under the LID. d. Public Testimony - None. (Mrs. Mary Smets signed in as a proponent; however, declined to testify when it was noted there were no opponents to the proposal.) e. Staff recommended adoption of the proposed ordinance. f. Public hearing was closed. g. Consideration by Council: ORDINANCE NO. 89-28 AN ORDINANCE AMENDING THE BOUNDARIES OF THE PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT AND DECLARING AN EMEF43HNCY. Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt Ordinance No. 89-28. The motion was approved by a unanimous vote of Council present. 9. NCR-AGENDA TTM: None i t CITY CCUNCIL MEEIrrING NIINNUIIES - NOVEMBER 6, 1989 - PAGE 5 7 , I- 10. I=CUTM SESSION: Cancelled. 11. ADADI~d~]'P: 7:50 p.m. Catherine Wheatley, City Recorder ATT'EST: City of Ti Mytli es~d2tiY~ ccn1106 CITY COUNCIL MEETING MINUTES - NOVEMBER 6, 1989 - PAGE 6 TIMES PUBLISHING COMPANY Legal 7-6406 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard RECEIVE Tearsheet Notice Tt►efolowu selecteil~gcftdaatemsaareEu`bwfryourfoauon Fuither mfo m~ttoti and full agendas that' be obtau l,fib ft P.O. Box 2 3 3 9 7 Duplicate Affidavit Recorder,13125 S W. Hall Bnulevatd Tigard,:Onegon97223, ant~► call; ~ . Tigard, OR 97223 NOV o 6198V mg 6394171 CITY: COUNCIL REGULAR MEETING NOVEMBER 6,1989; 1131Y OF 7 5 GPM WORKSHOPy 6 30PM STUDY SESSION,.. 7;30 PM BUSIIVESS`MEETING s 'I'IGARID CIVIC CErVrM TOWN-HALL`;. 13125 S W HALL BOULEVARD; JWARD, OREGON • Council Workshop AFFIDAVIT OF PUBLICATION • StudySession =Discussion With Tualatin Valley Economic 7 STATE OF OREGON, ) Develiment Corporation A . COUNTY OF WASHINGTON, )ss' • Fttblzc Hwmgs s ' k ~ CbmprehensivePlan AmeWment CPA 89-07° Change 89-070 I, Alice Mni rden Metzger EMS Rockyvell NPO #5 (Cocauon WesrSide of W being first duly sworn, depose and say that I am the Advertising 72nd Avh►tae, between S WrVaens StreetandS:Wt Fu:Stnaet) Director, or his principal clerk, of the Tigard Times 'Zone,OXdmadceAniendmentZOA89=~3,CilyofTlgacd 3 a newspaper of general circulation a& defined in ORS 193.010 Atncndmeni'of Chapter 1890, EnvlrOnmental rforaiance and 193.020; published at agar in the Stndat~Cls; relating to construct~ancvrl{es wthln the ' ~ aforesaid county and state; that the Tba3atuiRiyerbas~n >~a> z l r i t y Coun c i 1 Meet i n g Niclf,.le' Corporate Center Loca1 Improvement Disirtot a printed copy of which is hereto annexed, was published in the Amendment;tgOnl~nance Not 8914 to correct legal descnpuon _ h entire issue of said newspaper for One successive and (ys Laca1 Contract RevrewsBoard - 1 Executive session under theprov~sionsof ORS'192660.(1) consecutive in the following issues: t (d), {e}; {h), &;(i} to discuss ]alior ielatrons, real ProPY` w JASM November 2, 1989 transact~ lbhsi~ Subscribed and swor to before me this 3rd pf r, 1989 i Notary Public for Oregon My Commis ' xpire . 6/9/93 AFFIDAVIT TIMES PUBLISHING COMPANY Legal 7-6398 P.O. BOX 370 PHONE (503) 884.0380 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice P.O. Box 23397 Tigard , OR 9 7 2 2 3 13 Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ass. 1, Muirden being first my sworn, depose and say th t, I am t e Advertising Director, or his principal clerk, of the ~igar~ Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TI qa rd in the Iresgid counly and state; that the otice of Public Hearing a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive in the following issues: l October 26, 1989 Subscribed and swor to before me this 27th nf Onto her, 1989 Notary Public for Oregon My Commissio Expires. 6/9/93 AFFIDAVIT r ryLLi1~ij"h RVIT ~ t y' ~rta ~,.,ay3 lVCH4Y:Et .:•nb 't+'=rx;.,. cd7 TIMES PUBLISHING COMPANY E~E7_6403 P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 r' 3 019x9 t Legal Notice Advertising . OE e City of Tigard • 13 Tearsheet Notice 'AD P.O. Box 23397 • Tigard, OR 97223 • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Alice Muirden being first duly sworn, depose and saylb, %W.lthe Advertising Director, or his principal clerk, of the a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the afore it ccpunteyardnsstate; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive in the following issues: October 26, 1989 r Subscribed and swor to before e this 27th of October, 1989 Notary Public for Oregon My Commissi Expire 7:6/9/9m3 AFFIDAVIT tun W, 111i~fxW~o~vhtg~taill ~ ~ t~~~v~n NoXem l k; Y9 0 gt-'f 3014A 'l grid v Gent@c, Town l# 1t+Room,131~5 r SW$`dfnl~~r$r~,?5b►ead. QregonrFarth~er~a~~naY,bb the 1,7evelopment or C~tylRecplet ffi the same+ , Ioc~osaor by CalUn 6394171 ` Yan are ~ti~retedt6 s~bartit4 'tvri~eii tes titani tln; pubbc 6eainng;;w„attea snt~ ail testunor " will l n Y ' N a _ r + Y 4 ~ d CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed C[6 O/ t r ~jGv?~ Ord n a nce Nos. Vii- ar7 a net 8c a S STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, V~ • 1 a~-~~$, being first duly sworn, on oath, depo a^a say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) !Wq_Qr7 ar1C1 ~t-Ct-aS which were adopted at the Council Meeting dated N oypno ber &I Ilia copy(s) of said ordinance(s) bei hereto a tached and by reference made a part hereof, on the q day of lmgtoN~ , 1984. 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 /J7~P~cn 19j Notar ublic for Oregon My Commission Expires: CITY OF TIGARD, OREGON ORDINANCE NO_ 89 ---Z-_L AN ORDINANCE TO AMEND CHAPTER 18.90, ENVIRONMENTAL PERFORMANCE STANDARDS, OF THE rIGARD COMMUNITY DEVELOPMENT CODE AND SETTING AN EFFECTIVE DATE. (ZOA 89- 03). WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Planning staff made recommendation of findings to the City of Tigard Planning Commission at their regular meeting on October 17, 1989; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes at its regular meeting on November 6, 1989. NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 18.90 of the Tigard Municipal Code shall be amended as shown in Exhibit "A". Language to be deleted is shown in [BRACKETS]. Language to be added is UNDERLINED. SECTION 2: This ordinance shall be effective on and after the 30th day after its passage by the Council, approval by the Mayor and posting by the Recorder. PASSED: By L fMt n i rnouS vote of all council members present after being read by number and title only, this( Y' day of ~w v F v, h CAL" , 1989. father' Wheatley, De ty ity Recorder APPROVED: This (G day of 989/ % Gerald R. Edwar , ayor ed as o form: City Att rney i Date i i ORDINANCE NO. 89 - o~- "EXHIBIT A" Chapter 18.90 ENVIRONMENTAL PERFORMANCE STANDARDS Sections: 18.90.010 Purpose 18.90.020 General Provisions 18.90.030 Noise 18.90.040 Visible Emissions 18.90.050 Vibration 18.90.060 Odors 18.90.070 Glare and Heat 18.90.080 Insects and Rodents 18.90.010 Purpose A. The purpose of this chapter is to apply the federal and state environmental laws, rules, and regulations to development within the City of Tigard. (Ord. 89-06; Ord. 83-52) 18.90.020 General Provisions A. In addition to the regulations adopted in this chapter, each use, activity, or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor, an discharge of matter into the atmosphere, ground, sewer system, or stream. 1. Regulations adopted by the State Environmental Quality Commission pertaining to non point source pollution control and contained in the Oregon Administrative Rules shall by this reference be made a part of this chapter. B. Prior to issuance of a building permit, the Director may require submission of evidence demonstrating compliance with state, federal, and local environmental regulations and receipt of necessary permits. Air Contaminant Discharge Permits (ACDP) or Indirect Source Construction Permits (ISCP). C. Compliance with state, federal, and local environmental regulations is the continuing obligation of the property owner and operator. (Ord. 89-06; Ord. 84-24; Ord. 83-52) 18.90.030 Noise A. The following additional restrictions are incorporated with the State Department of Environmental Quality (DEQ) standards for purposes of City noise regulation: • f f I. 1. For purposes of measuring permitted sound levels from noise I generating sources under the provisions of DEQ rules any point where a noise sensitive building could be constructed under the provisions of this title shall apply as if such point contained a noise sensitive building; 2. Within the industrial park (I-P) zoning district, each property or building under separate ownership from a noise generating source shall be considered a noise sensitive property under the provision of DEQ rules with the exception that the allowable noise levels may i be increased by five db; and 3. The construction including excavation, demolition, alteration, or repair of any building, except where a special permit has been t issued by the Director under the provisions of Section 18.90.020, other than between the hours of 7:00 a.m. and 9:00 p.m. which involves any loud, disturbing, or unnecessary noise in the city, f shall be deemed disorderly conduct and therefore unlawful. (Ord. i 89-06; Ord. 83-52) S 18.90.040 Visible Emissions A. Within the commercial zoning districts and the industrial park zoning; district, there shall be no use, operation, or activity which results in a stack or other point source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which r, is visible from a property line. Department of Environmental Quality rules for visible emissions (340-21-015 and 340-28-070) apply. (Ord. 89-06; Ord. 84-24; Ord. 83-52) 18.90.050 Vibration` s. A. No vibration other than that caused by highway vehicles, trains, and aircraft is permitted in any given zoning district which is discernible i without instruments at the property line of the use concerned. (Ord. 89-06; Ord. 83-52) 18.90.060 Odors A. The emission of odorous gases or other matter in such quantities as to r be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. (Ord. 89-06; Ord. 84-24; Ord. 83-52) @@r 18.90.070 Glare and Heat k z A. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, which is visible at the lot line shall be permitted, and: 1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and f C ` 2. These regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. (Ord. 89-06; Ord. 83-52) 18.90.080 Insects and Rodents A. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. (Ord. 89-06; Ord. 83-52) cp/ZOA89-03 H:\LOGIN\DEBORAH\ C. (22} - 25i Filed Secretary of State 7-28-89; EQC Meeting 7-21=89•1' C Note: Bracketed [ ] material.is proposed to be deleted. Underlines materials is proposed to be inserted. DEFINITIONS 340-41-006 Definitions applicable to all basins unless context requires otherwise: (1) "BOD" means 5-day 20° C. Biochemical Oxygen Demand. (2) "DEQ" or "Department" means the Oregon State Department of Environmental Quality. (3) "DO" means dissolved oxygen. (4) "EQC" means the. Oregon State Environmental Quality Commission. (5) "Estuarine waters" means all mixed fresh and oceanic waters in estuaries or bays from the point of oceanic water intrusion inland to a line connecting the outermost points of the headlands or protective jetties. (6) "Industrial waste" means any liquid, gaseous, radioactive, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business, or from the development or recovery of any natural resources. (7) "Marine waters" means all oceanic, offshore waters outside of estuaries or bays and within the territorial limits of the State of Oregon. (8) "mg/1" means milligrams per liter. (9) "Pollution" means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity., silt, or odor of the waters,,or such radioactive or other substance into any waters of the state which either by itself or in connection with any other substance present, will or can reasonably be expected to create a public nuisance or render such waters harmful, detrimental, or injurious to public health, safety,7or welfare,,or to domestic;. commercial, industrial,, agricultural, recreational, or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life, or the habitat thereof. (10) "Public water" means the same as "waters of the state". (11) "Sewage" means the water-carried human or animal waste from residences, buildings, industrial establishments, or other places -together with such groundwater infiltration and surface water as 340-41-006 - 1 - PM\WH3582 j may be present. The admixture with sewage as herein defined of industrial wastes or wastes, as defined in sections (6) and (13) of this rule, shall also be considered "sewage" within the meaning of this division. (12) "SS" means suspended solids. (13) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which will. or may cause pollution or tend to cause pollution of any water of the state. (14) "Waters of the state" include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state,or within its jurisdiction. (15) "Low flow period" means the flows in a stream resulting from primarily groundwater discharge or baseflows augmented from lakes and storage projects during the driest period of the year. The dry weather period varies across the state according to climate and topography. Wherever the low flow period is indicated in the Water Quality Management Plans, this period has been approximated by the inclusive months. Where applicable in a waste discharge permit, the low flow period may be further defined. (16) "Secondary treatment" as-the following context may require for: (a) "Sewage wastes" means the minimum level of treatment. mandated by EPA regulations pursuant to Public Law 92-500. (b) "Industrial and other waste sources" imply control equivalent to best practicable treatment (BPT).,- (17) "Nonpoint Sources" refers to diffuse or unconfined sources of pollution where wastes can either enter into. or be conveyed by the movement of water to public waters. (18) Loading Capacity`(LC): The'greatest amount, of loading.. that a water can receive'without'violating water;quality.. standards. „ (19) Load Allocation (LA): The portion of a•receiving-water's loading capacity that is attributed either to one of its existing or future non-point sources-of pollution or to natural background sources. Load allocations are best estimates of the loading, which may range from reasonably accurate estimates to gross allotments, depending on the availability of data and appropriate 340-41-006 - 2 PM\WH3582 .t r ' t techniques for predicting loading. Wherever possible, natural and nonpoint source loads should be distinguished. (20) Wasteload Allocation (WLA): The portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality-based effluent limitation. (21) Total Maximum Daily Load (TMDL): The sum of the individual WLAs for point sources and LAs for nonpoint sources and background. If a receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. If Best Management Practices (BMPs) or other nonpoint source pollution controls make more stringent load allocations practicable, then wasteload allocations can be made less stringent. Thus, the TMDL process provides for nonpoint source control tradeoffs. '(22) "Land Development" refers'to any human induced change to•improved or unimproved real estate. including but not limited to construction, installation or expansion of a building, or other structure, land division, drilling, and site alteration such as that due to land surface mining dredging, grading, ading construction of earthen berms. Raving.. improvements for use as parking or storage. excavation or clearing,. (23) "Jurisdiction" refers to any city or county agency in the Tualatin River and Oswego Lake subbasins that regulates land development- activities within its boundaries by approving plats site plans or issuing Rermits•for land development (24) "Erosion Control Plan" shall be -a plan containing a -list of best management practices to be applied during construction to control and limit soil erosion. (25) "Public Works Project" means any land development conducted or financed by a local, state, or federal governmental body, 340-41-006 _ 3 _ PM\WH3582 Note: Bracketed [ j material is proposed to be deleted. Underlines materials is proposed to be inserted. MINIMUM DESIGN CRITERIA FOR TREATMENT AND CONTROL OF WASTES 340-41-455 Subject to the implementation program set forth in rule 340-41-120, prior to discharge of any wastes from any new or modified facility to any waters of the Willamette River Basin, such wastes shall be treated and controlled in facilities designed in accordance with the following minimum criteria f (In designing treatment facilities, average conditions and a normal range of variability are generally used in establishing design criteria. A E facility once completed and placed in operation should operate at or near the design limit most of the time, but may operate below the design criteria limit at times due to variables which are unpredictable or uncontrollable. This is particularly true for biological treatment facilities. The actual operating limits are intended to be established by permit pursuant to ORS 468.740 and recognize that the actual performance level may at times be less than the design criteria.): (1) Sewage wastes: (a) Willamette River and tributaries except Tualatin River Subbasin: (A) During periods of low stream flows (approximately May 1 to October 31): Treatment resulting in monthly average effluent concentrations not to exceed 10 mg/I of BOD and 10 mg11 of SS or equivalent control. (B) During the period of high stream flows (approximately November 1 to April, 30): A minimum of'secondary treatment- or equivalent control and. unless otherwise specifically authorized by the Department, operation of all waste treatment and control facilities at maximum practical efficiency and effectiveness so as to minimize waste discharges to public waters. (b) Main stem Tualatin River from mouth to Gaston (river mile 0 to 65): '(A) During,periods of low stream flows (approximately May I to October. 31) Treatment" resulting in monthly average effluent' concentrations not to exceed 10 mg/l of BOD. € and 10 mg/l'of SS-or equivalent control. (B) 'During the period of high stream flows (approximately 11 November 1 to April 30): Treatment resulting in monthly average effluent concentrations not to exceed 20 mg/l of BOD and 20 mg/l of SS or equivalent control. 340-41-455 PM\WH3581 (c) Main stem Tualatin River above Gaston (river mile 65) and all tributaries to the Tualatin River: Treatment resulting in monthly average effluent concentrations not to exceed 5 mg/l of BOD and 5 mg/l of SS or equivalent control. (d) Tualatin River Subbasin: The dissolved oxygen level in the discharged effluents shall not be less than 6 mg/l. (e) Main stem Columbia River: (A) Dur`.ng summer (May 1 to October 31): Treatment resulting in monthly average effluent concentrations not to exceed 20 mg11 of BOD and 20 mg/1 of SS or equivalent control. (B) During winter (November 1 to April 30): A minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by the Department, operation of all waste treatment and control facilities at maximum practicable efficiency and effectiveness so as to minimize waste discharges to public waters. (f) Effluent BOD concentrations in mg/1, divided by the dilution factor (ratio of receiving stream flow to effluent flow) shall not exceed one (1) unless otherwise specifically approved by the Environmental Quality Commission. (g) Sewage wastes shall be disinfected, after treatment, equivalent to thorough mixing with sufficient chlorine to .provide a residual of at least 1 part per million after 60 minutes of contact time unless otherwise specifically - authorized by permit. (h) Positive protection shall be provided to prevent bypassing raw or inadequately treated sewage to public waters unless otherwise approved by.the Department where elimination of inflow and infiltration would be necessary but not presently practicable. (i) More stringent waste treatment and control requirements may be imposed where special conditions may require. (2) Industrial wastes: (a) After maximum practicable.inplant._control, a minimum of secondary treatment or,equivalent'control (reduction of suspended solids and organic material where present in significant quantities, effective disinfection where bacterial organisms of public health significance are present, and control of toxic or other deleterious substances). 340-41-455 _ 2 _ PM\WH3581 (b) Specific industrial waste treatment requirements shall be determined on an individual basis in accordance with the provisions of this plan, applicable federal requirements, and the following: (A) the uses which are or may likely be made of the receiving stream; (B) The size and nature of flow of the receiving stream; (C) The quantity and quality of wastes to be treated; and (D) The presence or absence of other sources of pollution on the same watershed. (c) Where industrial, commercial, or agricultural effluents contain significant quantities of potentially toxic elements, treatment requirements shall be determined utilizing appropriate bioassays. (d) Industrial cooling waters containing significant heat loads shall be subjected to offstream cooling or heat recovery prior to discharge to public waters. (e) Positive protection shall be provided to prevent bypassing of raw or inadequately treated industrial wastes to any C public waters. (f) Facilities shall be provided to prevent and contain spills of potentially toxic or hazardous materials and a positive program for containment and cleanup of such spills should they occur shall be developed and maintained. Non-point source pollution control in the Tualatin River sub-basin and lands draining to Oswego Lake to be provided after January 1. 1989: (a) The following` subsections shall apply. to any new land development within the Tualatin River and Oswego Lake sub- basins except those developments with application dates prior to January 1 1990, The application date shall be the date on which a complete application for development approval is received by the local jurisdiction in accordance with the ' regulations of the local jurisdiction. For land development no preliminary plat site plan permit or public works project shall be approved by any jurisdiction in these sub-basins unless the conditions of the plat permit or plan approval includes an e'roslon control -plan containing methods and/or interim facilities to be constructed or used concurrently with land development and to be operated during construction to control the discharge of sediment in the stormwater runoff The erosion control plan shall utilize: 340-41-455 - 3 - PM\WH3581 t (A Protection techniques to control soil erosion and sediment transport to less than one (1) ton per acre Per year, as calculated using the Soil Conservation Service Universal Soil Loss Equation or other equivalent methods. See Figures 1 to 6 in APPENDIX I for examples. The erosion control plan shall include temPOrary sedimentation basins when. because of steep slopes or other site specific considerations, other on- site sediment control methods will not likely keep the sediment transport to less than one (1) ton per acre per year. The local jurisdictions may establish additional reouirements for meeting an equivalent degree of control. Any sediment basins constructed shall be sized using 1.5 feet minimum sediment storage depth plus 2.0 feet storage depth above fora settlement zone. The storage capacity of the basin'shall be sized to store all of the sediment that is likely to be transported and collected during construction while the erosion potential exists. When the erosionRotential has been removed, the sediment basin, or other sediment control facilities. can be removed and the site restored as per the final site plan. All sediment basins shall be constructed with an emergency overflow to prevent erosion or failure of the containment dike. or A soil erosion control matrix derived from and _ consistent with the universal soil loss equation approved by the jurisdiction or the Department. (c) The Director may modify Apgendix I as necessary without approval from the Environmental•Ouality Commission. THe Director may modify Appendix Ito simplify it and to make it easier for people to apply. ,(d) As local jurisdictions adopt a -Department approved program plan, as required by OAR 340-41-470(3) W. these-requirements will no longer apply to development in that jurisdiction. 340-41-455 - 4 - PM\WH3 5 81 APPENDIX I CONTENTS Table 1 Universal Soil Loss Equation Table 2 "R" Values, Washington County Table 3 Hydrologic Soil Group of the Soils Table 4 LS Values Table 5 "C" Values Mulch Factors Table 6 "C" Values Figure 1 Interceptor Swale Figure 2 Temporary Interceptor Dikes Figure 3 Level Spreader Figure 4 Sediment Trap Figure 5 Pipe Slope Drains Figure 6 Stabilized Construction Entrance 4 WC5169 A-3 a . TABLE I UNIVERSAL SOIL LOSS EQUATION o Comoutind the sediment storage volume - The sediment storage volume required is the vciume required to contain the annual sediment yield to the trap and can be estimated by using the Universal Soil Loss Equation (LISLE) developed by the United States Oepartment of Agricuiture. A - R-K-t.S-CV-PR Where A = annual sediment yield in tons per acre R rainfall erosion index; K soil erodibiliity, factor. from Table 3 or as determined by field and laboratory testing by a geologist. sod scientist. or geotecnnical engineer. • LS length-slope factor. from Table 4 (note. lengths measured are horizontal distance from a plan view) Cl s cover factor. use t.0 which represents no ground cover during the construction process. TABLE S and 6 -PR erosion control practice factor, use 0.9 which represents trackwaiking up and down slope. (Dozer deaf marks parallel to contours) C Annual sediment yield calculation. step-by-step procedure: a. Compute the R value by obtaining the R value from the 2-year/6 -hour Isopluvial Map in TABLE 2 b. Divide the site into areas of homogeneous SCS. soil type and of uniform slope and length. C. Note the K value from the SCS soils chart (Table . 3 for each soil type. d. Determine the LS value for each uniform area (See Table 4 e. Compute the annual sediment yield (A) in tons per acre for aach-homogeneoust uniform area by multiplying R times the •K and LS values for each area f. Multiply the annual sediment yield (A) for each area by the acreage to be exposed (only that area to be cleared) of each area Sum the results to compute the total annual sediment load (in tons) to the trap (L,J. o The sediment storage volume (V,) is then determined by dividing the total annual sediment load (in tons) (L,) by an average density for.the sediment deposited use O.Os ton per cubic foot V. ' L./Pavs• Mimi 112 CLATUP COUNTY ~7~rO• .=a ! 1 ✓tJ T,D ,S'0~ ,f C J ' 4 ~j r rY t• Y £ r a••f hi ~1 72 I,fr ( Jet w.o I I 1~ I `WASHINGTON COUNTY N s L ~ 1 S~ 1 I \ .1+ I LOCATION ASAP i `7 O 1 o ` ~S~' 1 S 1 I ~~Z D z raft CUYIfw ~ NOo+o , 1 • t ..i• ~ a O r j t r % r a.. 2 Y I'' '.1 1, I''! Ayy -t ' \L Llrf NJI 1 1 / 10 Joe CN( Y A 14 N 1 L L ti, I~ I! i WASHINGTON COUNTY m OREGON o k T w '•r/. ' o ;u r N 0 JANUARY 1973 tCALt 1.100,000 A off J• I C L A C K A M M U V TABLE 3 HYDROLOGIC SOIL GROUP OF THE SOILS WASHINGTON COUNTY Soil Soil Hydro- Erod- Hydro- Erod- Map logic ibility Map logic ibility Soil Grouo Symbol Group Factor, Soil Grouo Symbol Groua Factor, "K" ALOHA 1 C 0.43 HUBERLY 22 U 0.37 AM I T Y 2 C 0.32 JURY 'L3 C O.2 ASTORIA 3 B U.24 KILCHIS 24 C 0.15 BRIEUWELL 4 B 0.28 KLICKITAT 24G 8 0.1 BRIEDWELL 5 B 0.17 KNAPPA 26 8 U.37 CARLTON ti d U.32 LABISH 27 U 0.2 CASCADE 7 C 0.37 LAUREL'14000 28 8 0.-3 CHEHALEty 8 C 0.37 MCBEE 30 B 0.28 CHEHALIS 9 U 0.24 MEL80URNE 31 B 0.24 CHEHALIS Ili B 0.37 1.1ELBY 32 C 0.32 CORNELIUS 11 C U.37 uLYIC 34 B 0.32 KINTON 11ii C. U.43 PERVINA 36 C 0.24 CORNELIUS UUATAHA 37 C 0.37 VARIA14T 12 C 0.37 SAUM 38 C 0.32 COVE 13 U 0.28 TOLKE J9 8 0.28 COVE 14 U 0.17 UUIFLUVENTS 40 a 0.17 0-4YTOW 15 U 0.43 VERBUORT 42 U U.28 ENA 16 U 0.43 WAPATO 43• U 0.32 GUBLE 17 C 0.37 WILLAMETTE 44 8 0.32 GOBLE 18. C 0.37 WOOUBUM 45 C 0.32 HELVETIA 19 C 0.37 XEROCHREPTS 46 B 0.43 HEMBRE 20 8 0.32 HAPLOX'EROLLS tit= C 0.32 HILLSBORO 21 d 0.49 XERUCHRtPTS 47 U O.U2 RUCK OUTCROP 470 NA 0.02 HYDROLOGIC SOIL GROUP C'.ASSIFiCAT1ONS A. (Low nrnott potential). Salt having high infiltration rates. even when thoroughly wetted. and consisting craeliy at deep, wed-to-excessively drained sands or gravels. These sails have a nigh rate of water transmisslom e. (Moderately tow runott potential). Soils having moderate infiltration rates when thoroughly wetted. and consisting eniefly at moderately fine to moderately coarse texttues. These saris nave a moderate rate of water transmission. C. (Moderately high ninon potential). Soils having slow Infiltration rates wnen thorougmy wetted. arts consisting chiefly of sods with a layer that Impedes CoWnward movement of water. or sods win moderately fins to line textures These sods nave a slow rate of water transmission. 0. (High runotf potential). Sails having very slow -intdtmiton rates when inerougruy wetted and consisting cruelly of clay sods with a nigh sweating potential. sails win a permanent Mk3n water table, sods wttn a hardpan or clay layer at or near the surface, and shallow adds over nearly tmoarvtdus material. These sods `T have a very stow rata of water transmission. From SCS A-6 TABLE Ls VALUES FOR "R" ZONE 2 - ORECOA s , MLRA's Al, A2, :.3, A5, 36, 024, D25, and E43 For slopes 92 or flatter LS 4 cos(tan"ls))m(65.41 sin2(tan-ls) + 4.56 sin(tan"ls) + 0.065) 72.6 For slopes steeper than 97.' LS - cos(tan-ls))0.50(_[sin(tan"ls))1.4 72.6 sin 5.143 Wheres 4.- length in feet along slope s - slope in 7./100 For s < 0.01, m=0.20 0.01 < s < 0.035, m=0.3 0.035 < s < 0.045, m=0.4 s = 0.045, m=0.5 Percent Slope 25 50 75 100 125 150 200 250 300 350 400 450 500 0.1 0.06 0.065 0.07 0.07 0.08 0.085 0.09 0.09 0.095 0.10 0.10 0.10 0.1 0.2 0.06 0.07 0.075 0.08 0.085 0.09 0.095 0.10 0.10 0.10 0.105 0.11 0.. 0.5 0.07 0.08 0.09 0.10 0.10 0.10 0.11 0.11 0.12 0.12 0.13 0.13 0.: 1.0 0.09 0.10 0.12 0.13 0.14 0.15 0.16 0.17 0.18 0.19 0.20 0.20 0- 2.0 0.13 0.16 0.18 0.20 0.21 0.23 0.25 0.26 0.28 0.29 0.30 0.32 0.--- 3.0 0.19 0.23 0.26 0.28 0.31 0.32 0.35 0.38 0.40 0.42 0.43 0.45 0.- 4.0 0.23 0.30 0.36 0.40 0.44 0.47 0.53 0.58 0.62 0.65 0.70 0.73 0.7 i 5.0 0.27 0.38 0.46 0.53 0.60 0.65 0.76 0.85 0.93 1.00 1.07 1.13 1.2 6.0 0.34 0.47 0.58 0.67 0.75 0.82 0.95 1.06 1.16 i.26 1.34 1.42 1.5~ f 7.0 0.41 0.58 0.71 0.82 0.92 1.01 1.16 1.30 1.43 1.54 1.65 1.75 1.3 f 8.0 0.47 0.70 0.86 0.99 1.11 1.21 1.40 1.56 1.71 1.85 1.98 2.10 - 2.2 9:0- -0-59-- 0.83 ..1.01. .1_17 ...-L.31 1.43 .--1.66---.--L-85- 2_03...- ..2.19_ 2.34. _.-.2.48 276. 10.0 0.68 0.96 1.17 1.35 1.51 1.66 1.92 2.14 2.35 2.53 2.71 2.87 3.•0:. j 12.0 0.87 1.23 1.51 1.74 1.95 2.13 2.46 2.75 3.02 3.26 3.48 3.69 3.E 14.0 1.08 1.52 1.86 2.15 2.40 2.63 3.04 3.40 3.73 4.02 4.30 4.56 4.8 16.0 1.29 1.82 2.23 2.58 2.88 3.16 3.65 4.08 4.47 4.82 5.16 5.47 5. 18.0 1.51 2.14 2.62 3.02 3.38 3.70 4.27 4.78 5.23 5.65- ( 6.04 6.41 6. 20.0 1.74 2.46 3.01 3.48 3.89 4.26 4.92 5.50 6.02 6.51 J 6.96 '7.38 7. i 22.0 1.97 2.79 3.42 3.94 4.41 4.83 5.58 6.24 6.83 r 7.38 7.89 8.37 8.. 24.0 2.21 3.12 3.83 4.42 4.94 5.41 6.25 6.99 7.65 , 8.26 8.84 9.37 9._ 26.0 2.45 3.46 4.24 4.90 5.48 6.00 6.93 7.74 8.48 9.16 9.80 10.40 11.+ 28.0 2.69 3.81 4.66 5.38 6.02 6.59 7.61 8.51 9.32 110.10 10.80 11.40 12. 30.0 2.93 4.15 5.08 5.87 6.56 7.19, 8.30 9.28 10.20 [ 11.00 .11.70 12.40 13. k 32.0 3.18 4.49 5.50 6.35 7.10 7.78 8.99 10.00 111.000 11.90 12.70 13.50 14. 34.0 3.42 4.84 5.92 6.84 7.65 .8. 3i 9.67 ,.10.80 11..80 12.80 13.70 14.50 15., x 36.0 3.66 5.18 6.34 7.32 8.18 8.97 .10.40 - 11.60 112.70 13.70 14.60 15.50 16.3 38.0 3.90 5.52 6.75 7.80 8.72 9.55 11.00 12.30 13.50 14.60 15.60 16.50 17.; t 40.0 4.14 5.85 7.16 8.27 9.25 10.10 11.70 13.10 ! 14.30 15.50 16.50 17.50 18. 45.0 4.71 6.67 8.17 9.43 10.50 11.50' 13.30 x14.90 16.30 17.60 18.90 20.00 21.; 50.0 5.27 7.45 9.12 10.50 11.80 12.90 14.90 116.70 18.20 19.70 21.10 22.30 23.•; F 55.0 5.79 8.18 10.00 11.60 12.90 14.20 16.40 18.30 20.00 21.70 23.10 24.60 25. [ 60.0 6.27 8.87 10.90 12.50 14.00 15.40 17.70 ( 19.80 21.70 23.50 25.10 26.60 28.• Vertical lines indicate normal limits of simple slopes. s t i • EE f Revised February 1986 SLOPE LENGTH IN FMff 500 550 600 700 800 1000 1200 1300 1400 1600 1800 2000 2200 2400 2600 .3.10 0.105 0.11 0.11 0.115 0.12 0.12 0.125 0.13 0.13 J 0.135 0.14 0.14 0.14 0.145 3.11 0.11 0.115 0.12 0.125 0.13 0.13 0.13 00135 j 074 0.14 0.145 0.15 0.15 0.15 -3.13 0.13 0.14 0.14 0.14 0.15 0.16 _ 0.16 0.16 0.17 0.17 0.175 0.18 0.18 0.185 3.21 0.22 0.22 0.23 0.24 0.26 x0.27 0.28 0.28 0.30 0.31 0.32 0.33 0.33 0.34 3.33 0.33 0.34 ,_¢.36 0.371 040 0.42 0.40 0.44 0.46 0.48 0.49 0.51 0.52 0.53 0.46 0.48 0.49 J- 0.51 0.54 0.57 0.60 0.62 0.63 0.66 0.68 0.70 0.72 0.74 0.76 0.76 0.79 0.82 0.87 0.92 1.00 1.08 1.12 1.15 1.21 1.27 1.32 1.38 1.42 1.47 1.2.1.25 J 1.31 1.41 1.51 1.69 1.85 1.93 2.00 2.14 2.27 2.39 2.51 2.62 2.73 I.5H 1.57 1.65 1.78 1.90 2.12 2.33 2.42 2.51 2.69 2.85 3.00 3.15 3.29 3-1•2 1.84 I 1.93 2.02 2.18 2.33 2.60 2.65 2.97 3.08 3.29 3.49 3.68 3.86 4.03 ) ?.21J 2.32 2.42 2.62 2.80 3.13 3.43 3.57 3.70 3.96 4.20 4.43 4.64 4.85 5.05 2.62 - 2175 2.87-.-.-3.10 3.31- 3.70 4.06 4.22 4.38 4.68 4.97 5.23 5.49 5.73 5.97 3.03 3.18 3.32 1 58 3.83 4:28 4.69 4.89 5.07 5.42 5.75 6.06' 6.36 -6.64 6.9-1- 3.89 4.08 4.27 4.61 4.93 5.51 6.03 6.28 6.52 6.97 7.39 7.79 8.27 8.53 8.88 =.81 5.04 5.27 5.69 6.08 6 80 7.45 7.75 8.05 8.60 9.12 9.62 10.09 10.54 10.97 `..77 6.05 6.32 6.82 7.19 8.15 8.93 9.30 9.65 10.31 10.94 11.53 12.09 12.63 13.15, 6.76 7.09 7.40 7.99 8.55 0.56 10.50 10.89 11.31 12.09 12.82 13.51 14.17 14.80 15.41 7.78 8.16 8.52 9.20 9.84 11.00 12.00 12.54 13.01 13.91 14.75 15.55 16.31 17.04 17.73 8.a2 9.25 9.64 10.40 11.20 t2.50 13.70 14.22 14.76 15.77 16.73• 17.64 18.50 19.32 20.11 9.88 10.40 10.80 11.70 12.50 14.00 15.30 15.93 16.53 17.67 18.74 19.76 20.72 21.64 22.53 11.00 11.50 12.00 13.00 13.90 15.50 17.00 17.66 18.33 19.59 20.78 21.90 22.97 23.99 24.97 12.00 12.60 13.20 14.20 15.20 17.00 18.60 19.40 20.14 21.53 22.83 24.07 25.24 26.36 27.44 .3.10 13.80 14.40 15.50 16.60 18.60 20.30 21.15 21.95 23.47 24.89 26.24 27.52 28.74 29.92 &.20 14.90 15.60 16.80 18.00 20.10 22.00 22.90 23.77 25.41 26.96 28.41 .5.30 16.00 16.80 18.10, 19.30 21.60 23.70 24.66 25.59' 27.35 29.01 30.58 _6.40 17.20 17.90 19.40 20.10 . 23.20 25.40 26.40 27.39 29.28 31.06 32.74 .7.40 18.30 19.10 20.60 22.10 24.70 27.00 28.12 29:80 31.20 .33.09 34.88 18.50 19.40 20.30 21.90 23.40 26.20 '28.70 29.83 30.95 33:09 :35.10 37.00 21.10 22.10 23.10 24.90 26.70 29.80 32.70 33.99 35.28 37.71 :3.60 24.70 25.80 27.90 29.80 33.30 36.50 37.97 39.41 42.13 25.90 27.10 28.40 30.60 32.70 36.60 48.10 41.73 43.31 46.30 :8.10 29.40 30.70 33.20 35.50 39.70 43.50 45.24 46.95 54.19 LS values right of the vertical lines will normally be used in calculating complex slopes. 15 i TABLE 5 C' VALUES MULCH FACTORS Type of Mulch Land Factor Length mulch Rare Slooe C limit= Tans per acre Percent Feet None 0 all 1.0 - ' Straw or hay, 1.0 1-5 0.20 200 tied down by 1.0 6.10 .20 100 anchoring and tacking 1.S 1.5 .12 300 equipment' 1.5 6-10 .12 150 .06 A00 Da. 2.0 1-5 2.0 6-10 .06 200 2.0 11-15 .07 1S0 2.0 16-20 .11 100 2.0 21-25 .td 75 2.0 26-33• .17 50 I 'i 2.0 34-50 .20 35 I Crushed stone, 135 16 .05 200 !1 to 1 !n in 135 16-20 .05 ISO 135 21-33 .05 100 r + 135 34-50 .05 75 Oo. 240 <21 .02 300 240 21-33 .02 200 2a0 34-50 .02 ISO Wood chips 7 C 16 OS 75 7 16-20 .08 50 Do. 12 <16 OS 150 12 16-20 .05 100 12 21-33 .05 75 00. 25 <16 .02 200 25 16-20 .02 150 25 21.33 .02 100 25 34-50 .02 75 ' From Meyer and Ports (2.1). Developed ,by an interagency work- shop group an the basis of field experience and limited research data. Maximum slope length for which the specified mulch rate is considered effective. When this limit is exceeded, either a higher. application rate or mechanical shortening of the effective slope t length is required. ' When the straw or hay, mulch is not anchored to the soil. C values on moderate or steep slopes of soils. having K values areater ; than 0.30 should be taken or doublf- the values given in this table. A-8 E i op FACTORS (OREGON) C s T A6L~ CONSTRUCT 104 szTE 1.00 < . D r m . 8fl .75 LA ,70 C 85 ,80 - o F ` A .55 C • 50 T AS 0 .~0 R .36 S 30 25 .2® LOOSE SOILS SOIL UNDISTURBED J e 0 100 ' OS 50 80 70 80 9 q0 10 2® 30 RESIDUE COVER R vEbETATION AND uTNTE PERCENT .D r''rtY~•3'f'AY e a FIGURE t INTERCEPTOR SWALE I it min. Level Bottom t t rt min. r _ Gros or Rock ••77-.,yv 1 ROW or Ott+ I 100'. zoo'. or 200' 12 n mut.y So~t9 ~ I - deoendtng on S100e 80ROm Width 2 tees minimum: the bosom width small be level Depth t toot minimum side Slope 2H: IV or flatter maximums percent. with positive drainage to a suitable outlet Grape (such as sedimentation pond) Stabilization Seed as per Grassed C-hannd or. pock: t2 incites intck, pressed into banx and extending at lest 8 inches vertical from the bottom. F ` RE '72 r .TF~tPOR."jZyij IMWOR"jZyij-,4TERCE?TOR DIKE 77 I Qthe rnwernl rx7m0 =Od I - to 95% Pic= , :8' mWt: +~~Jr • . t' t ~•~j ( S ~i I t ,,i j ' ^s-~;,: ~ •,..,.,~p.. I ~ TZ, ir.~ :.Y ~J.~~ ~iE'~ l i »%«..~.+`u ~w.wo~-~ t:s. F-~.'.. i .w r. % ~ e. z~ - + Y.S. a •l.;. ~ntrrcaotar dtGt sOacu+9 I 300' dePena'ng 0n grace A-1Q Now= s vEL SPgEa.DER FIGURi 3 0-' r1 trttercePtor Sean - efltor of tntefc . natto excel°`° Gcace - -41 v'r~ r j slate C;tannet Grade Stabilized l Gave! 8erm Spreader rued Outlet ' Undistu ttattef ~~Il''tll f' ~Ih I n 77 ~ kl rn A ~rrrr ~ . o t,,. O - ~r 1, r'' ~u~ f y. ~ ~ rl ll'I~(( ~(r 1'; 41 C: I r FIGURE 5 PIPE SLOPE ORA NS Oiscnarge into a stabilized - Earth Oike watercourse or a sediment / trapping device or onto a ljf stabiiized area / ' fat T r - Corrugated meta! orAOS pipe -fit a Slope-2:1 Ha0+1'2- t` elbows 60 30 I Slope 3 o or ( i steeper Corrugated 6- min j metal orAOSp p Standared flared Cutoff Wait ! t • i e entrance section ~ Oiameter 0 (for pipe 2:12 !!Il . I h~' Riarap ~3etrfest~3t Oeptn of apron shad be equal to pipe aiameter s• min. at less r' than i % slope re -"r,. 'a A-13 5 FIGUr o STABILIZED CONSTRUCTION E:VTRaNC£ ' -Os R z ZS Mljv 12, MIX ~ ,r .8' pVARRY SPACES 1 -14 CITY OF TIGARD, OREGON ORDINANCE NO. 89- Q 8 AN ORDINANCE AMENDING THE BOUNDARIES OF THE PACIFIC CORPORATE CENTER LOCAL DISTRICT AND DECLARING AN EMERGENCY. Tfn P Rove mt NT The City Council Finds: 1. On May 22, 1989, the City Council enacted ordinance No. 89-14 creating the Pacific Corporate Center Local Improvement District. 2. Section 1 of said Ordinance incorporates an attached legal description identified as Exhibit A and setting forth the boundaries of the District. 3. Subsequent to the enactment of said Ordinance, it has come to the Council's attention that the legal description attached as Exhibit A to Ordinance No. 89-14 erroneously describes the width of the northerly 475 feet of the District as 87.5 feet. C 4. It was the intent of the Council at the time of enactment of Ordinance 89-14 that said width of this portion of the District boundary be 72.5 feet. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Ordinance No. 89-14 creating the Pacific Corporate Center Local Improvement District is amended to substitute a revised Exhibit A setting forth the correct legal description of the District boundaries. The revised legal description is set forth in Exhibit A hereto. SECTION 2: The substitution of the revised legal description is deemed to be corrective in nature and consistent with the Council's findings and intent in adopting Ordinance 89-14, as set forth therein. SECTION 3: Inasmuch as it is necessary that the correction be accomplished with the least possible delay in order to complete authorized local improvements during the current construction season, an emergency is hereby declared to exist and this ORDINANCE NO. 89- a g Page 1 Ordinance shall become effective immediately upon passage and approval by the Council. PASSED: By L) r lCt in •11-y) c, u S vote of the Council members present after being read by number and title only, thisday of A,1L)yq-i~yiAk-t 1989. herine Wheatley, corder APPROVED: This day /UU✓E.w 1989. Gerald Ed arils, Mayor Approved as to form: City Attor y IL Date ORDINANCE NO. 89- Page 2 EXHIBIT A REVISED NOVEMBER 1989 PAC013 4-18-89 D.W.B. Page 1 of 3 LEGAL DESCRIPTION PROPOSED LID BOUNDARY A tract of land in the east one-half of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, said tract being more particularly described as follows: Beginning at the northwest corner of Lot 5, of BONITA GARDENS, as recorded in Plat Book 5, at Page 11, Washington County Plat Records; thence Northerly along the west line of that parcel described in a conveyance to John and Marietta Smets in Book 1016, Page 414, Washington County Book of Records, to the southerly boundary of that parcel described as Parcel 4 in final judgement of the Circuit Court of the State of Oregon for the County of Washington, Case No. 33547, recorded in Book 1017, Page 124, Washington County Deed Records; thence Northerly, tracing the westerly boundary of said Parcel 4, to the south right-of- way of S.W. Bonita Road, being the southeast corner of that parcel dedicated to the public as Parcel 3 in Document No. 83- 41862, Washington County Book of Records; thence Westerly, tracing the south right-of-way of S.W. Bonita Road to the east right-of-way of S.W. 72nd Avenue; thence Southerly, tracing the east right-of-way of S.W. 72nd Avenue to a point which is 300.00 feet southerly of, when measured at right angles to, the centerline of S.W. Bonita Road; thence westerly, parallel to the centerline of S.W. Bonita Road to the west right-of-way line of S.W. 72nd Avenue; thence Northerly, tracing the west right-of- way of S.W. 72nd Avenue, to the south right-of-way of S.W. Bonita Road; thence Westerly, tracing the south right-of-way of S.W. Bonita Road to a point which lies 300.00 feet westerly from, when measured at right angles to, the centerline of S.W. 72nd Avenue; thence Northerly, parallel to the centerline of S.W. 72nd Avenue, to the north right-of-way of S.W. Bonita Road; thence Easterly, tracing the north right-of-way of S.W. Bonita Road to the west right-of-way of S.W. 72nd Avenue; thence Northerly, tracing the west right-of-way of S.W. 72nd Avenue to a point which lies 300.00 feet northerly from, when measured at right angles to, the centerline of S.W. Bonita Road; thence Easterly, parallel with the centerline of S.W. Bonita Road, to the east right-of-way line of S.W. 72nd Avenue; thence Southerly, tracing the east right- of-way of S.W. 72nd Avenue to the north right-of-way of S.W. Bonita Road; thence Easterly, tracing the north right-of-way of S.W. Bonita Road to a point which lies opposite centerline DmTD:~tiS\'D?►1X)CIaIES. L\C. EXGI.\EM. SCRCEI'ORS. PLINNER%. LkND>CAPE .ARCHITECT.' OFFICL~ I\ OREGON. USHNGTOX a\D C.kUFOR\LA _'828 SA\ CORBETT .A\ E\l'E PORTLA.\D.OREC'rt)X 9-201-4h it) SEP 7 1989 N•j.. PAC013 4-18-89 D.W.B. Page 2 of 3 Station 14+27.30 per stationing as shown on County Survey number 20,596; thence Southerly, parallel to the west line of said parcel described in Book 1016, page 414 to the southerly boundary of said Parcel 4 described in said Book 1017, page 124; thence Westerly tracing the southerly boundary of said Parcel 4, to a point which lies 72.50 feet easterly of, when measured at right angles to, the west line of said parcel described in Book 1016, page 414; thence Southerly parallel with the west line of said parcel described in Book 1016, page 414, to the north line of Lot 5, BONITA GARDENS; thence Easterly tracing the north line of said - - Lot 5, across a vacated alley and continuing along the north line of Lot 2 of said BONITA GARDENS, to the westerly right-of-way line of the R.H. Baldock Freeway (also known as Interstate No. 5) ; thence Southerly, tracing the westerly right-of-way of the R.H. Baldock Freeway to a point opposite Centerline Station 11UB3" 148+00 (S.W. Upper Boones Ferry Road) per stationing shown on State Highway Drawing No. 1A-8-6; thence Southeasterly in a straight line, passing through said centerline Station 11UB34- 148+00 to the northeasterly extension of the southeasterly right- of-way of S.W. Upper Boones Ferry Road; thence Southwesterly, tracing the northeasterly extension of the southeasterly right- of-way of S.W. Upper Boones Ferry Road and then along the southeasterly right-of-way of S.W. Upper Boones Ferry Road to the east line of that parcel described as "Parcel A: PTR # 171, 172 and 173" in a conveyance to Pacific Realty Associates LP. in Document No 84-8324 Washington County Book of records, thence Southerly, tracing the east line of said "Parcel A: PTR # 171, 172 and 173" described in said Document No. 84-8324, to a point which lies 100.00 feet southeasterly of, when measured at right angles to, said State Highway Centerline 11UB3" (S.W. Upper Boones Ferry Road) ; thence Southwesterly, parallel with said State Highway centerline 11UB3" to the northeasterly right-of-way of the Southern Pacific Railroad; thence Northwesterly, tracing the northeasterly right-of-way of the Southern Pacific Railroad to the southeasterly right-of-way of S.W. Upper Boones Ferry Road; thence Southwesterly tracing the southeasterly right-of-way of S.W. Upper Boones Ferry Road to the southwesterly right-of-way line of the Southern Pacific Railroad; thence Southeasterly tracing the southwesterly line of the Southern Pacific Railroad to a point which lies 100.00 feet southeasterly of, when measured at right angles to, said State Highway Centerline "UB3", thence Southwesterly, parallel with said State Highway Centerline "UB3" to a point which lies opposite Centerline Station 11UB311 159+00• thence Northwesterly to a point opposite Centerline Station 11UB3'. 159+00 on the northwesterly right-of-way line of S.W. Upper C D.k\11) E\:~\5.1\D ASSOMTES. NC EXGI\EER,~. S!.'RVE.YORS. MANNERS. UNDSCAPE ARCHITEC5 PAC013 4-18-89 ` D.W.B. Page 3 of 3 Boones Ferry Road; thence Northeasterly, tracing the northwesterly right-of-way of S.W. Upper Boones Ferry Road to the I southwesterly right-of-way of the Southern Pacific Railroad;' thence Southeasterly tracing the southwesterly right-of-way of the Southern Pacific Railroad to the northwesterly right-of-way line of S.W. Upper Boones Ferry Road; thence Northeasterly` tracing the northwesterly right-of-way of S.W. Upper Boones Ferry } Road to the northeasterly right-of-way of the Southern Pacific Railroad; thence Northwesterly, tracing the northeasterly right- y of-way of the Southern Pacific Railroad to the west right-of-way line of S.W. 72nd Avenue; thence Northerly tracing the west right-of-way of S.W. 72nd Avenue to a point opposite centerline Station 59+11.10 per stationing as shown on County Survey Number 20,596; thence Easterly to a point on the east right-of-way of S.W. 72nd Avenue which is opposite said Centerline Station 59+11.10; thence Southerly, tracing the east right-of-way of S.W. 72nd Avenue to a point on the northerly line of that parcel conveyed to Pacific Realty Associates, L.P. in Document No. 89- 3125, Washington County Book of Records; thence Easterly, tracing the boundary of said parcel described in Document No. 89-3125, to a point in the westerly line of said Lot 5, BONITA GARDENS; thence Northerly, tracing the westerly line of said Lot 5, to the point of beginning. k f F I rp~ 7 i' I' D.JMD EV.V,N5 kND A.tiSOCLATU. LNC. ENGINEERS. SCRVRORS. PLANNERS. Lk_XD.,CAPE ARCHITECTM. " AGENDA 'tTEM'- If 2' VISITOR'.:;:S: AGENO'A; : DAT 1 ;L6/ 9.... (Limited to 2 minutes or less, please) " 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 6 ADDRESS TOPIC STAFF CONTACTED P/Pctse.09jn- DATE 11/6/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES E'OR PRESENTATIONS. Item Description: Agenda Item.No. 4 - Public Hearing - Comprehensive Plan Amendment -..CPA.89=07; ;;Zone Change 89-07; Metzger-EMS/Rockwell NPO #5 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation Ago ~n } DATE 11/6/89 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. Item Description: ,Agenda.Item No. 5 - Public ` Hearing - Zone Ordinance Amendment ZOA 89-03; City of .Tigard,,,;. t Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation f' i i. F S C 4 DATE 11/6/89 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. Item Description: t.,Agenda Item No- -6 _ Public'Hearing Pacific..Corporate Center-Local, 1*t6vement` District Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation moles- Jo/epas'e ,?mil i ` fi{(VL~ ~~PSsi crvt 10 Comparison of levy taxes collected and WCCLS reimbursement by participating jurisdiction. For both models: fixed levy amount central computer recapitalized circulation projected for each library assessed valuation projected, countywide, at 3.8% growth per year assessed valuation shifted from unincorporated area to cities at 1.5% per year figures for average year of new levy are shown Model 1B2 Levy amount: $5,351,752 estimated tax collections: $5,212,606 countywide programs: $893,721 program enhancements: $419,741 computer recapitalization: $200,000 kc{C (a) (b) (c) (d) (e) CO, % of WCCLS Payment Reimbursement Net C ~(L kA county levy taxes for from WCCLS (d-(b-c)) AV collected countywide for non- Jurisdiction (1989) in juris- services fee access diction Beaverton 18.92% $986,367 $286,388 $1,395,878 $695,899 Cornelius 1.121 $58,551 $17,000 $64,427 $22,876 Forest Grove 2.86% $149,088 $43,287 $212,923 $107,122 Hillsboro 10.84% $565,123 $164,082 $371,954 ($29,088) Sherwood 0.79% $41,046 $11,918 $34,406 $5,278 Tigard 13.10% $682,739- $198,231 $459,426 ($25,082) Tualatin 4.75% $247,721 $71,925 $279,093 $103,297 Wilsonville 0.68% $35,353 $10,265 $20,000 ($5,089) Unincorporated (community libraries) 46.94% $2,446,619 $710,367 $913,053 ($823,199) Total 100.00% $5,212,606 $1,513,462 $3,751,160 Model 282 Levy amount: $6,015,000 estimated tax collections: $5,858,610 3 countywide programs: $893,721 j program enhancements: $419,741 computer recapitalization: $200,000 (a) (b) (c) (d) (e) d % of WCCLS Payment Reimbursement Net SSpg~ ~~v` county levy taxes for from WCCLS (d- (b-c) ) uU AV collected countywide for non- Jurisdiction (1989) in juris- services fee access diction Beaverton 18.92$ $1,108,609 $286,388 $1,585,569 $763,349 Cornelius 1.12% $65,807 $17,000 $45,101 ($3,706) Forest Grove 2.86% $167,564 $43,287 $203,803 $79,526 Hillsboro 10.84% $635,159 $164,082 $615,444 $144,366 Sherwood 0.79% $46,133 $11,918 $25,098 ($9,117) Tigard 13.10% $767,352' $198,231 $660,182 $91,061 Tualatin 4.75% $278,421 $71,925 $291,289 $84,793 Wilsonville 0.68% $39,735 $10,265 $29,541 $71 Unincorporated (community libraries) 46.94% $2,749,831 $710,367 $939,981 ($1,099,482) f Total 100.00% $5,858,610 $1,513,462 $4,396,008 t TIGARD CITY COUNCIL 1 TlWa MMUMS - SFPMMM 18, 1989 1. RCg,L CML: Present: Council President Valerie Johnson; Councilors Carolyn Eadon, Joe Kasten (arrived at 7:10 p.m.), and Jahn Schwartz. Staff Present: Patrick Reilly, City Administrator and Catherine Wheatley, City Recorder. 2. W - STALE 1F1 SENT&TIVE TM BBZM a. Representative Brian reviewed highlights of the last State Legislative Session: o Transportation Funding - Council received a summary of bills entitled "Oregon's Lwidmark Transportation Funding Package." Council and Representative Brian reviewed the various transportation measures approved by the 1989 Legislature. o There will be funds available (Oregon Access Fund) for the Six Corners Project in Sherwood regardless of whether MSfIP/2 was approved by the voters on September 19. o He has discussed with Mayor Cole (Beaverton) the possibility of utilizing funds now earmarked for Farmington Road for completion of Scholls Ferry Road improvements. However, this must be formally reviewed by the Beaverton City Council. In addition, State matching funds would be available to element local dollars. o He outlined potential resources for other projects such as the Marine Fund for waterfront improvements in Cook Park (i.e., docks, retaining walls for boats, and boat ramps). He noted redesignated tax funds were earmarked for improvements to small airports (i.e., Mollalla, Aurora, etc.). o Representative Brian reviewed crime issues and noted an aggressive approach to drug issues. Civil forfeiture laws were expanded so all jurisdictions could participate under state guidelines. o He reported the "Portland Drug House" law was utilized to model the state statutes. Oregon Administrative Rules (OAR's) were being developed. o schools were now authorized to hire their awn security r personnel. o Land Use (mobile homes) - legislation stipulates that mobile homes cannot be treated differently than stick-built homes in single-family zoning areas. criteria has been established for size, appearance, and valuation. o Utility Franchise Fees (HB 3000): Representative Brian reported on the effort on the part of utilities to exclude competitive services and prodacts from franchise fees. Cities, however, would be allowed to increase their tax rates to seven percent of the base. Amounts over three percent would be shown as a separate line item, noting it was a city tax, on the customer's bill. o Systems Development Charges (SDC) (HB 3224): Provides specific guidelines for utilization of SDC funds collected. o Metropolitan Service District (METRO): New payroll tax would be levied on public agencies (excluding schools) which includes cities, counties and special districts. (Councilor Kasten arrived at 7:10 p.m.) Excise fee shall be levied and secured by METRO formulated on six percent of gross income from. all METRO services. The bill was defeated once; however, it was passed when brought up a second time. o Haz-Mt & Fire Training - Representative Brian reported on the positive outlook for development of a state-wide hazardous- material training center in the City of Beaverton. There was a great need for this with local jurisdictions, state agencies, and private c=onies expressing an interest in joining resources. o Representative Brian advised it has been proposed that the Oregon Driver's License should be revised; it has proven to be inadequate for identification purposes. There was discussion on a revocable driver's license for teenage drivers. Council and Representative Brian discussed the 4th of July celebration. Last summer's event was very successful. Councilor Johnson asked for a report to City Council prior to the upcoming budget cycle. 3. NCR-AGENDA 17EM: a. Dale Tuma 11000 S.W. Walnut, Tigard, Oregon 97223, advised he was present to note concerns with regard to a parking ticket received by his daughter for parking too close to a mail box. He said he thought a_warning would have been preferable to a ticket since the area was not posted and this was not a law found in the driver's manual. Discussion followed. f t 4 f E Cm-Icilor Johnson noted this provision was a City of Tigard Ordinance which was why the law was not found in the state driver's manual. She outlined the history behind the passage of the Ordinance noting this has been a problem, especially in the neighborhood adjacent to the high school. The post office would not deliver mail if the carrier could not drive up to the mail box. Mr. Tuma suggested Council consider posting signs. 4. COURM Inj3cFI'S (iEVA'lE CN BOAEW & lES<S) a. Councilor Eadon reported: Parks Board - Future activity to be determined by outcome of 9/19/89 election. Library Board - WC= election issue in March; this will become more of an issue as election draws closer. Library has implemented a new program to circulate best sellers more quickly. Three copies of a best seller are purchased; two are routed through general circulation with the third copy placed in a rental program. Experimentation in other libraries bas shown this to be an effective way to keep popular books circulating among patrons. The ` cost to rent a book was 10 cents per day; it was egDec-ted that this program would pay for itself and allow for purchase of more books in the future. b. Councilor Schwartz reported: Transportation Committee - Transportation Safety Bond construction projects were underway.' Surface Water Management - Regional agency was formed through approval by the Boundary Commission. Formulation of fees was first work issue on agenda. There was some discussion on whether was a need for continuance of the Steering committee; this will be discussed further. Consensus appeared to be Steering Committee should be kept intact to provide vehicle for communities to express opinions on prioritization of projects. c C. Councilor Kasten reported: a Washington County Transportation - future direction is dependant upon the outcome of the MSTIP/2 funding issue on the 9/19/89 ballot. d. Councilor Johnson reported: Economic Development committee - this committee shall be meeting to t follow up on several issues including devising an "exit interview" for businesses leaving the area and review of the Ambassador Program. Political Action C7ceranittee - has been formed and has filed the necessary docLments to work on the City Center election issue to appear on the November 7, 1989 ballot. 5. E EMME SESSMM: Cancelled. 6. ADJOUENMERI!: 8:15 p.m. u G1> c~..~ . Chuth,e Catherine Meatley, City Recorder ATrE9r: Mayc&, City of Tigard r cc:nrecords\ccm918 ( TIGARD CITY COUNCIL MFI<LM M]NUTES - SEPMMM 25, 1989 - 6:30 P.M. 1. M-T CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon (arrived at 7:00 p.m.), Valerie Johnson, and John Schwartz. City Staff Present: Wayne Iawry, Finance Director (present for study session only) ; Ed Murphy, Coamunity Develop wrrt Director; Liz Newton, Senior Planner; Tim Ramis, City Attorney; Catherine Nheatley, City Recorder; and Randy Wooley, City Engineer (arrived at 7:10 p.m.). 2. STUDY SESSIC K: a. Park Board present: Chairman Steve Slabaugh; Board A'1mnbers Jeff Hepler, Bud Hillman, and Sheldon Scolar. Council and the Park Board reviewed the election results of the September 19, 1989 Special Election. Discussion followed on the future prioritization of the projects for the Park Board. With regard to the favorable outocxne of the election, it was noted that staff would prioritize and set a schedule for implementation and funding of projects. Chace coapleted, this work would be submitted to the Park Board for their analysis and input before it was submitted to the Council their review and implementation. Financing of projects was discussed. It was noted that assessments would not be received by the City until November of 1990. In order to begin projects before then, the City would have to borrow funds in advance. Other topics of discussion included the following: o Land Acquisition. Chairman Slabaugh noted that people were concerned that dollars were not being set aside for new parks (i.e., Bull Mountain area). He said that the City needed to identify areas in need and possible ways of raising dollars for land acquisition. Several ideas were discussed for funding which included: - increasing Systems Development Charges - explore grant opportunities - potential land donations - another levy proposal to voters for land acquisition - require land dedications from developers Councilor Johnson said potential maw costs for newly acquired parks must be reviewed in detail. CI`T'Y COUNCIL MRUrES - SEPTEMBER 25, 1989 - PAGE 1 s ~r ``fFtF' 1 r o Recreation Program. Chairman Slabaugh noted that the Park Board may want to activate a recreation program. Discussion followed. Councilor Eadon noted the Library had implemented a "seed recreation program which was being monitored to determine levels of usage and success. Council may want to fund additional money next budget year; however, she did not feel the program would be increased extensively for at least another one or two years. A regionalized recreation-program approach was discussed. f This may include working with Tualatin for jointly sponsored ~ recreational activities. Board member Hepler advised he felt there was a need for adult f recreation in Tigard and said that the city should at least begin studying the issue. Councilor Johnson noted she had ` not received a great deal of cca[ment from Tigard citizens about recreation concerns. Councilor Eadon pointed out that there was a shortage of facilities for recreational use. There was discussion on the fact that school facilities were used extensively for adult recreation. Service district formation was discussed as a possibility for recreational programs. Cost concerns were noted. (Randy Wooley arrived at 7:12 p.m.) Chairman Slabaugh noted that all programs and issues would be continuously reviewed to assure that the City was ready with a new plan when the park levy expires in five years. He advised that the Park Board would also continue to oversee the capital improvement projects identified in the regular City budget. o Alternative Funding Councilor Eadon advised that the Council had met with Representative Teen Brian earlier this month. Representative Brian advised that marine funds were available for waterfront development of boat ramps, retaining walls, and moorage improvements. Staff was working on submitting a request for funds to be used for Cook Park improvements along the Tualatin River. City Council thanked the Park Board for their attendance and congratulated them on the successful election. CITY COUNCIL MUM - SMUMER 25, 1989 - PAGE 2 b. City center discussion: in response to a question from councilor Johnson on the content of the wording of the proposed ballot measure, City attorney advised that portions of the development plan could be implemented through alternative funding (other than tax increment financing) should the ballot measure fail. council consensus was to hold Town Hall meetings for the City center development plan on October 10 and 11, at Twality and Fowler Junior High. C. Durham Road construction: councilor Johnson asked about duct problems as a result of construction on Durham Road. City Engineer advised he had visited with city inspectors this morning; the contractor was to be informed that dust control measures were to be implemented. 3. AGENDA REVIM: a. 3.1, Authorize Interfund Loans Resolution. Mayor Edwards noted a correction to the resolution in the wording in the title and in sections 1A and 1B of the Resolution: Where it reads "Local Improvement District C.IP," the wording should be changed to read Local Improvement District Debt Service Fund." b. Mayor Edwards noted that representatives from NPO #3 may be present during the Visitor's Agenda to request a fee waiver for an appeal of the Director's Decision on the Hudson property. 4. VISITORS AGENDA: o Herman Porter, Chain for NPO #3, 11875 SW Gaarde, Tigard, OR 97224, requested a waiver of fee for the NPO's appeal of the development conditions on the Hudson property. (Appeal of Director's decision SDR 89-20 and V 89-26). (See Tigard Municipal Code, Section 18.23.345). Motion by Councilor Johnson, seconded by Councilor Eadon, to waive the appeal fee as requested by NPO #3. The motion was approved by a unanimous vote of Council present. o John Moore, Vice President, WIM Development, 15800 SW Boones Ferry Road, Suite CI301, lake Owego, OR 97035, advised that he was the developer of the property which was the subject of the appeal noted above. C CITY COUNCIL KDXM 8 - SEPI'FMER 25, 1989 - PAGE 3 Mr. Moore expressed concern that the appeal be limited to those points which were brought out by the NPO in their formal appeal. ! He advised that his ccupany would work hard to ccu a to an t. understanding with the neighborhood to address the appeal issues. 5. f P AG MIU 5.1 Authorize Interfuxl Loans - Resolution No. 89-74.. 5.2 Authorize Appointment of City Recorder - Resolution No. 89-75. 5.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: Award Bid for 104th Hillview Storm Drain; Adjourn LCRB; Reconvene Council meeting. Motion by councilor Johnson, seconded by councilor Eadon, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. P Recess Council Meeting Local Contract Review Board members present: Present were President Jerry Edwards; Board members Carolyn Eadon, Valerie Johnson, and John Schwartz. Motion by Board member Johnson, seconded by Board member Schwartz, to approve Consent Agenda Item .3 as submitted. The motion was approved by a unanimous vote of the LCRB present. Reconvene Council Meeting 6. Qd OF CTrY (ENnR 'IAN BALTOT Tl'iIE: a. RESOLUTION NO. 89-76. A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ET'TON TO SUBMIT TO THE PMISTEPM, QUALIFIED VM!MS OF THE CITY THE CITY CENTER DEVELO MENT PLAN AND THE AUTHORITY To USE TAX INCRHIMU FINANCING AS A METHOD OF FUNDING ACTIVITIES SET FORIH IN THE PLAN. Councilor Johnson briefly reviewed the process to date. She noted the November 7 election was the culmination of three years of review and work by the City council and many citizens for the revitalization of downtown. Mayor Edwards advised that several more educational sessions would be held. Upcoming events included two Town Hall meetings, an educational workshop, and a pancake breakfast. Motion by councilor Johnson, seconded by Councilor Eadon, to adopt Resolution No. 89-76. The motion was approved by a unanimous vote of Council present. CITY COUNCIL MINUTES - SEPITMER 25, 1989 - PAGE 4 7. NCH-AGENDA ITENS: Park levy - Councilor Eadon noted that the Park levy passed at the September 19, 1989, Special Election. She advised that the Park Board was very encouraged by the support shown in the ccrmmnity. Staff, the Board, and City Council would begin prioritizing the implementation schedule for the funded projects. 7. EVE SESSMM - Candled. 8. AMOURMENT: 7:51 p.m. Approved by the Tigard City Council on /VU VQ P" kr , 1989. City Recorder - City of Tigard ATl'EST: "Mayo"r, City of Tigard cp/CWCM925 H:\WORD\CI'YREC\ CITY COUNCIL, MINUTES - SEPTEMBER 25, 1989 - PAGE 5 TIGARD CITY COUNCIL MMIM M NU MS - OC EIER 9, 1989 - 6:30 PM 1. RQti. CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon (arrived at 7:20 p.m.), Valerie Johnson (arrived at 6:42 p.m.), Joe Kasten, and John Schwartz. City Staff Present: Patrick Reilly, City Administrator; Tim Ramis, Legal Counsel; Ed Murphy, Ccammuiity Development Director; Catherine Wheatley, City Recorder; Liz Newton, Senior Planner; John Acker, Assistant Planner; and Ron Goodpaster, Chief of Police. 2. STEW SESSICH: a. Workshop meeting with the Economic Development Committee - Present for the Economic Development Committee: William A. Monahan - Chairperson; members Amo De Bermrdis, Brian Moore, Paul Etchemendy, and ex-officio member Peggy Weston Byrd. Chairman Monahan reviewed the Ambassador Program. He advised that he felt the Ambassador Program was a good one; however, there had not been a lot of interest on the part of business in the area for this. He noted that there was a lot of material available and that the Ambassadors are ready in case there is a call for information. He advised that the committee may need to do more outreach activities in order to let organizations know that the Ambassador Program is available. He advised that the Economic Development Committee has been looking at another phase of the Ambassador Program, and that would be to solicit information from people who are moving out of the comimnity. He advised that this has been started by the preparation of a questionnaire which asks for comments from these businesses who are leaving. He noted that the Economic Development Committee was interested in helping with the downtown redevelopment, triangle developanent, and periodic review. He asked how they could help the City Council. Ms. Weston Byrd advised that she was continuously handing out a lot of the material which was prepared by City staff to business people interested in the Tigard area. This material included population information, maps, Economic Development Cotrnnittee contacts, lists outlining members of City Council, etc. (Councilor Johnson arrived at 6:42 p.m.) Mayor Edwards noted that he liked the activities where businesses are asked how things are going. He advised that he thought it was a good idea that the Economic Development Committee solicit input information from those businesses who were leaving the area. There was discussion on businesses in the City of Tigard and their perception of City staff and whether or not the staff was helpful and knowledgeable. Mayor outlined that it appeared that for the most part the perceptions were good. CMNICM M AMM - OCTOBER 9, 1989 - PAGE 1 Councilor Schwartz suggested that the Ambassador Program might be of help by asking businesses, after they have been in business for a few months, to look back at the process and report on how happy they were with their experience. amwilor iduison noted that there are post cards available for members of the Eoonmuc Development Cmtmiittee to use when they make contact. After obtaining the name and address of the business, the post card should be mailed to John Acker at the City Hall. In this way, John Acker can get a message to these businesses on the services available. There was discussion on grand openings of busirzsses so that they could participate and welcome new businesses. There was discussion on further materials which could be available to help publicize the Ambassador Program. This included brochures left with real estate firms and visits to various service organizations. Mr. De Bernardis noted that visual guides were needed to show what was happenu g in Tigard. He noted that there was no display on the vision for the City Center. He noted that the lobby would be a fit area to place different displays so people could visually see what was happening within the city. There were co m mts that items such as aerial photos, pin maps showing building activities, and different photographs of happenings within the City would be a good thing to have- (City Engineer Wooley arrived at 7:00 p.m.) Economic Development Ccetmiittee asked for the Council consensus if they would put together a format for decorating the foyer. After some discussion, it was Council consensus for the Economic Development Coimuttee to work on this idea. Discussion followed on some of the activities which were Doing for the City Center Development education/information process. Peggy Weston Byrd cmmiented on an upomning meeting with a representative from Les Aueoin's office to discuss the need for a full-service post office. b. Study Session Items: o It was noted that there was a Tigard School District joint meeting with City Council on October 16. o City A&unlstrator noted that the Washington County Elections Division requested a ballot box for the September election be placed in City Hall. After discussion, Council consensus was not in favor of a ballot box in City Hall, since the City had an issue on the ballot. It was suggested that the Fire Hall be used as it had been in the past. C MIML III UrLES - OCiCBM 9, 1989 - PAGE 2 o City Engineer reviewed a petition from Bull Mountain residents concerning the Three Mountain residential subdivision. The residents were concerned that a center turn lane from Bull Mountain Road into the entrance of the Three Mountain residential subdivision and a school bus fit, as part of the modifications now being made to Bull Mountain-Road be implemented. City Engineer described the problem noting that one property owner was losing some property to right-of-way because of road alignment. City Engineer advised the county bad reviewed the plans and the left turn lane and the bus pull out were not required. (Councilor Eadon arrived at 7:20 p.m.) Discussion followed. City Engineer noted that staff did not feel there was a strong need for the turn lane, and therefore, did not reo~¢aervded it. However, the residents in the area wanted these additional conditions of development. Councilor Johnson noted Bull mountain jurisdiction issues deserved more discussion time at a future meeting. City Engineer noted it was within the Plannuig commission's authority to make a ration for the turn lane and bus turnout. However, due to some misinformation, this was not coordinated effectively with the Cainty. Mayor Ddwards noted reservations about using large amounts of City staff time on issues outside City limits. Councilor Jau-Lson stressed that the Bull Mountain Transportation Study mast be completed as soon as possible. The situation could be reviewed again from an urban-services delivery point of view. There was further discussion on the issue. Council consensus was that the transportation issues for the Bull Mountain area should be discussed more fully and should be scheduled on a future agenda. (Business meeting was called to order at 7:42 p.m.) 3. VISEMIS AGEMA: No visitors. 4. PROC AZTICN: DTSABn' IY EMPIDYM P Aim MNTR - OCIOHM 1989 a. Proclamation was read by Mayor Fdwards. (A copy of said proclamation has been filed with the packet meeting material.) 00=aL MnRYXES - OCMIM 9, 1989 - PAGE 3 5. C CN9 NP AGENDIL 5.1 Approve Council Minutes: August 21, and September 11, 1989 5.2 Receive and File: a. Council Calendar b. Certified 9/19/89 Election Results 5.3 Notify State of Oregon of City of Tigard's Position on Video Poker Gambling - Resolution No. 89-77 5.4 Recess Council Meeting; Convene Focal Contract Review Board (LcRB) Meeting: a) Award Bid for Janitorial Services; b) Award Bid for Crack Sealer. Adjourn LCVB; reconvene council Meeting. 5.5 Approve Criteria for Evaluation of City Administrator 5.6 Call for Public Hearing and Receive Engineer's Report - 135th IM- Resolution No. 89-78. Motion by Councilor Johnson; seconded by Councilor Kasten, to approve the Consent Agenda. 'The motion was approved by unanimous vote of Council present. 6. "FUNRULTUN OF RHOORDS RETENTION 9CHWUE - cmi NO. 89-25 AN C EDIlNANCE 194ENDIM CF20 FR 2.48 OF TW TIGARD MlMICIPAL CODE PEEU%311 G TO TM (I' MC U N, IC K, AND DF~IIaD=CK OF CITY RHOORD.S, AND FIXIWAN FFFE TIM DATE. Motion by Councilor Johnson; seconded by Councilor Kasten to approve the ordinance. Zhe motion was approved by a unanimous vote of Council present. 7. NW-AGENDA r12M: a. Ed Murphy distributed a survey concerning planning and development issues. In anticipation of the upcoming October 23rd Work Session, he requested that Council complete the survey to help determine which topics were of most concern. He requested the surveys be returned by Monday, October 16. 8. ElCEC13TIVE SESSICK: The Tigard City Council went into Executive Session at 7:50 p.m., under the provision of ORS 192.660(l) (d), (e), (h) & (i) to discuss labor relations, real property transactions, current and pending litigation issues, and City Administrator evaluation. C C OUNC7L MH UM - OIZECE t 9, 1989 - PACE 4 9. . 9:20 v.m. APPMVED by the Tigard City Council on A/0 VF1z1A t , 1989. ra--t k OJ 4z City Recorder - City of Tifard ATl'ESr: 'Mayor - City of Tigard _ ke/CDWC1009 H: \WORD\CI)aRBC Recording Secretary: Ellen Fox 0OUNC 1L PEfflums - OCMEKEt 9, 1989 - PACE 5 3, a M { HENDRANDUM CITY OF TIGARD, 0RBGON TO: Honorable Mayor and City Council _For By FROM: Patrick J. Reilly, City Administrator _For Your Information DATE: October 30, 1989 -Sign and Return SUBJECT: COUNCIL CUMMAR, Nov. 189 - Jan 190 j F Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. November '89 *6, Mon Council Business Agenda (5:30/7:30) (TVEDC Workshop) 7, Tues Election Day 10, Fri Veterans' Day Observed (City Hall Closed) 11-13, Sat-ion League of Oregon Cities Conference - Eugene 15, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *20, Mon Council Business Agenda (5:30/7:30) (Senator Paul Phillips) 23-24, Ihurs-Fri Thanksgiving Holiday (City Hall Closed) 25-29, Sat-Weds NLC Conference - Atlanta, Georgia December 189 1, Fri Annual Tree Lighting Event *4, Mon Council Study Agenda (5:30) 7, Thurs Special Council Meeting (LCRB) - (12:00 Noon) (Award Bid- i Sale of Bonds for 135th LID) *11, Mon Council Business Agenda (5:30/7:30) (Library Board Workshop) *18, Mon Council Business Agenda (5:30/7:30) (TRFPD Workshop) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) 25, Mon Christmas Holiday (City Hall Closed) January 190 1 Mon New Year's Day (City Hall Closed) ? Council Workshop *8, Mon Council Business Agenda (6:30/7:30) *15, Mon Council Business Agenda (6:30/7:30) 17, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *22, Mon Council Business Agenda (6:30/7:30) 23, Tues Joint Meeting with Washington County Board of commissioners cw/cccal Council Calendar - Page 1 f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 6, 1989 DATE SUBMITTED: October 25, 1989 ISSUE/AGENDA TITLE: Comprehensive PREVIOUS ACTION:Planninq Commission Plan Amendment CPA 89-08 ZC hearino on 10/3/89;Council hearing on October 23, 1989 89-08 (GrosAhv- PREPARED BY: Deborah Stuart DEPT HEAD O CITY ADMIN O [Viff REQUESTED BY: POLICY ISSUE Should the City change the Comprehensive Plan to allow neighborhood commercial f development at the southwest corner of SW Scholls Ferry Road and SW 135th; Avenue? INFORMATION SUMMARY i On Tuesday, October 3, 1989, the Tigard Planning Commission heard a request for a comprehensive plan amendment and zone change for a 1.87 acre parcel located at the northern end of SW 135th Avenue abutting SW Scholls Ferry Road on the IL west side of SW 135th Avenue. The commission recommended that this proposal be denied based on the comments of the State Highway Division, Washington County, j NPO #7 and the City of Beaverton which raised concerns pertaining to traffic and access to the property. At its regular meeting on October 23, 1989, the City Council voted to uphold the Planning Commission's recommendation for denial and ordered the staff to prepare a resolution. Attached are a resolution denying the application, exhibit "A" (staff report) and exhibit "B" (map). ALTERNATIVES CONSIDERED 4P 1. Adopt the attached resolution. [ 2. Modify and approve the attached resolution. FISCAL IMPACT None SUGGESTED ACTION i Adopt the attached resolution. CITY OF TIGARD, ORD(30N COUNCIL AGENDA ITEM! SUMMARY AGENDA OF: November 6. 1989 DATE SUE IITIED: October 30, 1989 ISSUE/AGENDA TITLE: Issuance of PREVIOUS ACTION: ORD 89-26 Final General Obligation Improvement Bcril6j Assessment PREPARED BY: Wayne Lowry. Fin. Dir. DEPT HEAD O ADMM OKI AM REQUESTED BY: Same POLICY ISSUE Before Bancroft General Obligation Bonds can be issued for the 135th Avenue Local Government District, the City Council must authorize the issuance. INFt~RMATION SUMMARY The final assessment for the 135th Avenue LID was levied by ORD 89-26 dated October 23, 1989. Assessment notices have been sent to all participating property owners giving them the opportunity to pav their assessment in cash or to pay it in installments over a ten year period. For those electing to pay in installments, the City must issue Bancroft General Obligation Improvemmt Bonds in the total amount of the installment contracts. In addition, installment contracts for the 68th Parkway Final Assessment, and the Hall/Burnham LID are also included in this bond sale. Because we will not know the total amount to be bonded until November 16, 1989, the attached resolution allows for the Finance Director to set the exact amount of bonds to be sold but in no case will the city issue more than $720,000. These bonds will be structured with early call dates to allow the flexibility to deal with early payoffs in order to avoid uneven matching of cash flows. ALTERNATIVES CONSIDERED 1. Authorize issuance of bonds. FISCAL IlMPACr 1. Increases general obligation debt with an offsetting increase in revenue from the levy of special assessments to be paid in installments with interest. SUGGESTED ACTION 1. Staff reconmiends approval of resolution to authorize issuance of General Obligation Bonds. Attachment cp/WL8926 N:\WORD\ MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council November 2, 1989 FROM: Cathy Wheatley, City Recorder SUBJECT: Agenda Item No. 5 - Amendment to Exhibit B of Proposed Ordinance Attached please find an amended Exhibit B to the proposed ordinance for Agenda Item No. 5 pertaining to EQC rules for storm water. This information was received from the EQC after your packets were prepared. Please discard the Exhibit B which was sent to you earlier. Thanks. cw i MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council October 30, 1989 FROM: Cathy Wheatley, City Recorder SUBJECT: CPA 89-07/ZC 88-07 (Metzger-EMS/Rockwell) The above-referenced agenda item was set over from the October 23, 1989, City Council meeting. Please retrieve the material you received for that meeting (Agenda Item No. 6) which will be considered at the November 6, 1989 meeting as Agenda Item No. 4. cw CITY OF TIGARD, OREGON I COUNCIL AGENDA ITEM SUMMARY AGENDA OF: DATE SUBMITTED: October 11, 1989 ISSUE/AGENDA TITLE: CPA 89-07/ PREVIOUS ACTION: Reviewed by Planning ZC 88-07 Met er-Ems Rockwell Commission on October 3 1989 PREPARED BY: Jerr Offer Planner DEPT HEAD O CITY ADMIN OK i' REQUESTED BY: Ed Murphy, CD Director POLICY ISSUE Should the City redesignate approximately 5.02 acres from a Comprehensive Plan designation of Commercial Professional and a zoning designation of C-P (Professional/Administrative Office Commercial) to a Plan designation of Medium High Density Residential and a zoning designation of R-25 (Multiple-Family Residential, 25 Units Per Acre)? The applicants urge the City to approve the proposal in order to provide for multi-family opportunities within close proximity to the Triangle area and major traffic corridors. Opponents view the proposal as providing the potential for greater impacts upon the established Rolling Hills neighborhood which abuts the site. INFORMATION SUMMARY On October 3, 1989, the Planning Commission reviewed the above described Plan Amendment/Zone Change proposal. The subject site is located at 13265 SW 72nd Avenue, south of Varns Street. The site is currently developed with one single family residence. The site abuts the developed, single-family residential Rolling Hills subdivision on the north, west, and south sides. The Planning Division staff report re,;_.c:-.ds approval of the proposal based upon findings that the proposal is condi.tent with applicable Statewide Planning Goals, Plan policies, the Plan's loc;.`.ional criteria for the Medium- High Density Residential Plan designation, ant a finding that a mistake had been made in original Plan designations. Staff noted that the Plan's locational criteria and policies call for multi-family housing opportunities to be provided near employment and commercial centers and near primary traffic corridors and transit routes. Staff noted, however, that multi-family housing opportunities provided by the existing Plan and zoning maps, (especially with regard to developable properties) are extremely limited near the Triangle, Lincoln Center/Washington Square, SW 72nd industrial corridor, downtown, and near I-5 and Highway 217. Staff's recommendation for approval of this proposal noted that approval would be a step towards correcting this mistake with resultant benefits for the entire community by making a traffic sensitive locational decision. The applicants concurred with the staff analysis and s added testimony regarding the site's poor suitability for typical C-P uses as well as a change of circumstances regarding changed markets for office and multi-family development. The applicants added testimony regarding how apartment development on the site could be sensitive to the needs of the ` adjacent single family neighborhood. Public testimony at the Planning Commission hearing was mixed. Proponents cited reasons why the property was unsuited for typical C-P uses and that the proposal was an opportunity for quality development of the site. Opponents noted potential conflicts with the adjacent neighborhood including increased traffic, noise, crime and fireplace smoke as well as potential decreased property values and the need for the City to assure the neighbors' expectations for the property. The Planning Commission voted 5 to 1 to recommend denial. Commissioners noted that the proposal would likely result in a quality development for the site, but the Commission was not convinced that a change in circumstances affecting the parcel or a mistake in Plan designations had been demonstrated. Commissioners noted that this was a difficult recommendation to make because they found that the site satisfied the applicable locational criteria and the site is well located with respect to proximity to employment/commercial centers and transportation corridors. However, the general sentiment of the Commission was that there is an obligation for the City to assure the neighbors' expectations for the future development of property through denial of the proposed amendments. Attached is a vicinity map; the Planning Division staff report; the October 3, 1989 Planning Commission minutes regarding the proposal; the applicants' proposal description booklet; and written comments on the proposal received by the Planning Commission. ALTERNATIVES CONSIDERED 1. Approve as recommended by staff. 2. Deny as recommended by the Planning Commission. FISCAL IMPACT SUGGESTED ACTION Approve the proposed Plan/zoning map amendments. Adopt the staff report as findings supporting the approval and supplement these findings as necessary. Direct the staff to prepare a final order. br/CPACC.jo C. • • • LIMB j • • • • • • • • ` fw • . • • i.., • • j \ • • • . • • • I • • • • • • • • • • • • • i • • • • • } A. • • • • • • • • • • • • • • • • • • • • • • • • • • .O• fr • • _ • • • • • • • • • • •n• CT w - - - - • • • • •-i •A • • • E E• ~y • • • • • • ! • • • • • • • • • • • • • Y``• . • . • • • . • • • • • • • . at 1• • r • NAIL • • • • • • • A •fIn WE ~ Sw • • • • • • • • X F _ N R • W ,Yt,• • Cr hhC C•EE+~ e- • t ...r ' r9011r n t( 1 y w • I•~CT ~ •t Lib e t BOWTA ~fIA: ~A1'VILLAGEJ 3A1Y0 CCN04,IIMIUr3 1011. •Y•LIC •0••••E t A 1 1lji N Lr ~ i d w .t ,.III AVt. 1 1~ I tine ~v ~.f • ---j / / / i y ~I I ~ I M ~ , Lam/ / • • ~ A ~ V I t s I it ID II u I j ,'I • , _ 1 • LOI• Y 111 ' 1 11 C A 3+. • : ~ b f 11 C •.a. sf a '".g AV ABU] I I 1~ s AGENDA ITEM STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: October 3, 1989 - 7:30 P.M. HEARING LOCATION: Tigard City Hall - Town Hall 13125 SW Hall Blvd. Tigard, OR 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 89-07/Zone Change ZC 89-07 REQUEST: 1) Plan Map Amendment from Commercial Professional to Medium-High Density Residential. 2) Zone Change from C-P (Professional/Administrative Office Commercial) to R-25 (Multiple-Family Residential, 25 Units Per Acre) APPLICANT: Criterion Equities AGENT: OTAK, Inc. (Mark Rockwell) (Ralph Tahran) 1800 One Main Place 17355 SW Boones Ferry Rd. 101 SW Main Street Lake Oswego, OR 97034 r Portland, OR 97204 OWNERS: David Metzger Raymond Ems P.O. Box 275 13400 SW 76th Avenue. Sherwood, OR 97140 Tigard, OR 97223 (Tax Lots 800 & 801) (Tax Lot 3600) LOCATION: 13265 SW 72nd Avenue. Approximately 5.03 acres located on the west side of SW 72nd Avenue, between SW Varns Street and SW Fir Street (see vicinity map, Page 10) PROPERTY DESCRIPTION: WCTM 2S1 1DB, Tax Lots 800 and 801 WCTM 2S1 1DC, Tax Lot 3600 (portion) 2. Background Information Creation of tax lots 800 and 801 from a single parcel was approved through Minor Land Partition MLP 1-81. The Plan and zoning designations for these parcels were changed from R-7 (Residential, 7,500 square feet minimum lot size) to their current Commercial Professional/C-P designations during city-wide Plan and zoning map revisions in 1983. No other previous land use or development applications regarding these properties have been reviewed by the City. STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - 1 PAGE 3. Vicinity Information i Adjacent properties to the north, west, and southwest are zoned R-3.5 (Residential, 3.5 units per acre) and are developed with single family residences. Properties directly south of the site are zoned C-P and are presently vacant or occupied by single family residences. ? Properties across SW 72nd Avenue from the site are also zoned C-P. These properties are developed with a number of office buildings containing a variety of commercial and professional uses. The subject site has 367 feet of frontage on SW 72nd Avenue. SW 72nd Avenue is functionally classified as a major collector street on the E' City's Transportation Plan Map. SW 72nd Avenue is developed with 44 { feet of pavement, curbs, storm drains, streetlights, and a sidewalk ! along the site's frontage. The site has slightly more than 600 feet of frontage along SW Fir Street. SW Fir Street consists of 20 feet of gravel covered right-of- way which dead ends into the driveways of residences to the south of the site. The Transportation Plan Map designates SW Fir Street as a local street. Fully developed local streets typically consist of 50 feet of public right-of-way improved with full street improvements. r 4. Site Information and Proposal Description l The subject property consists of three parcels totalling approximately 5.03 acres, including a 16.5 foot by 630 foot section of tax lot 3600 between SW Fir Street and the other involved parcels. The remainder` of tax lot 3600 is not included in the proposed Plan Map Amendment and. Zone Change proposal. Tax lot 800 contains a house in its northeastern corner. The other parcels are vacant. The site contains a grove of trees in the northeastern corner of the site. The remainder of the site is mostly open and covered with grasses, weeds, and fruit trees. The parcels are relatively flat with a slight slope towards the east. The applicants request a Plan Map Amendment from Commercial Professional to Medium High Density Residential and a zone change from C-P (Professional/Administrative Office Commercial) to R-25 (Multiple- Family Residential, 25 Units Per Acre) for the subject parcels. Although a development plan for the parcel need not be submitted for a proposed plan/zone change, a conceptual site plan illustrating how the site might be developed with a multiple-family residential development has been provided by the applicants. The applicants' intent in F providing the conceptual site plan was to illustrate that a multiple- family development which would comply with the Community Development Code's density transition requirements could be constructed on the site. Code Section 18.40.040(A) requires that area within 100 feet of an established area not be developed at a residential density greater than 125 percent of the allowed density (as specified by the Comprehensive Plan designation rather than the current zoning STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 2 i designation) of the adjacent established residential area. For the subject properties, areas within 100 feet of the Rolling Hills Subdivision to the north and west could not be developed at a density greater than 6.25 units per acre because the maximum density allowed by the Plan's Low Density Residential designation applied to Rolling j Hills is 5 units per acre. 5. Agency and NPO Comments The Engineering Division has reviewed the request and has commented that development of the site with a multiple-family residential development in the R-25 zone, would generate substantially fewer vehicle trips per work day on adjacent streets as well as lesser ' traffic peaks at typical AM and PM rush hours as compared to office development in the existing C-P zone, . Development of the site under either the C-P or R-25 zones would require increasing the rights-of- way for both SW 72nd Avenue and SW Fir Street and would also require substantial improvements to SW Fir Street. Storm and sanitary sewers to serve the site are available in SW 72nd Avenue. NPO #5 has reviewed the proposal and has commented that they believe that the majority of the neighbors of the subject property oppose the project. Planning Division staff attended a neighborhood meeting for review of the proposal. Some neighbors commented that they favored the proposed plan/zone amendment because they felt it provided the opportunity for a quality development on the site as opposed to other uses that could be located on the site under the present zoning. A number of neighbors voiced opposition to the proposal and made comments related to increased neighborhood traffic on evenings and weekends, the potential "domino effect" this proposal might have on later rezoning in the neighborhood, the compatibility between low density and high density development, the need for additional multi-family housing opportunities, and the effect this proposed action might have on neighboring properties' values. Other comments related to specific items the neighbors felt should be considered in the review of a site development plan for the property. The Building Division, the Tigard School District, and Metzger Water District have reviewed the request and made no comments or objections regarding the proposal. No other comments were received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, 10, 12, and 13; Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 6.3.2, 6.3.3, 6.5.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.6.1, 7.8.1, 8.1.1, 8.1.3, 8.2.2, 9.1.2, and Chapter 12, Locational Criteria; and the change or STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 3 t 1 i F l mistake quasi-judicial map amendment criteria of both the Comprehensive Plan and Community Development Code. The Planning Division concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1. Goal #1 (Citizen Involvement) is met because the City has adopted a citizen involvement program including review of all development applications by Neighborhood Planning Organizations (NPO). In addition, all public notice requirements have been satisfied for this application. 2. Goal #2 (Land Use Planning) is met because the City has applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies, and Community Development Code requirements to the review of the proposal. 3. Goal #9 (Economy of the State) is satisfied, although the proposal would reduce the City's inventory of developable commercial land, because 1) the reduction of C-P zoned land proposed is not a large amount compared to the total amount of developable C-P zoned land in the immediate area and the Tigard Triangle area; and 2) allowing ( multi-family development near C-P and I-P zoned developable properties may provide an attractive mix of land uses thereby helping spur commercial and industrial development in the area. Other communities have shown that such a mix of land uses can successfully co-exist without adversely affecting commercial or industrial growth. The applicants have pointed to the neighboring Kruse Way area of Lake Oswego where such a mixture of land uses exists. 4. Goal #10 (Housing) is satisfied because the proposal will provide for additional housing opportunities as promoted by the City's Comprehensive Plan and the Metropolitan Housing Rule (Oregon Administrative Rules, chapter 660, Division 7). Approval of the proposal would increase housing opportunities on the City's developable residential lands by a total of 125 dwelling units. Approval would also provide increased opportunities for multi-family development. The Metropolitan Housing Rule requires that the City maintain.a minimum housing opportunity rate for developable land of 10 units per acre and a minimum 50/50 opportunity mix for single family and multi-family housing. 5. Goal #12 (Transportation) and Goal #13 (Energy Conservation) would be satisfied through providing the opportunity for an intensive land use near major transportation corridors (Highway 217 and I-5) as well as near employment centers. This promotes efficient use of the transportation system thereby promoting energy conservation. The Planning staff has determined that the proposal is consistent with STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 4 i i applicable portions of the Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning organization #5 and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. In addition, the applicants have met with the immediate neighbors of the site to present their proposal in advance of the public hearings. 2. Plan Policy 6.1.1 is satisfied because the proposal would provide the opportunity for additional multi-family development and would increase the net housing opportunity on buildable lands in the City. This is detailed in the discussion for Statewide Planning Goal 10 above and the attached memo regarding the effect of both current plan/zone amendment proposals on the City's compliance with the Metropolitan Housing Rule. 3. Plan policies 6.3.2 and 6.3.3 will be satisfied because the proposal would allow for development of the properties in ways that may be more compatible with adjacent established low density residential areas than the currently permitted uses of the C-P zone would be. Future residential development of the parcels will be subject to density transition limitations within 100 feet of the Low Density Residential Plan designated areas to the north and west of the site. These limitations would tend to lessen impacts on adjacent properties to a greater extent than Code requirements applicable to development proposals under the current Plan and zone designations. Both the existing C-P zoning designation and the proposed R-25 zoning designation allow a maximum building height of 45 feet. The C-P zone requires 20 foot side yard and rear yard setbacks from residential zones and thus under the current zoning designation, a 45 foot tall building could be constructed within 20 feet of the abutting developed residential parcels. Because the density transition requirements of Policy 6.3.2(a) and Community Development Code Section 18.40.040(A) would apply if the properties were zoned R-25, it is unlikely that multi-family residential buildings taller than two stories tall would be built within 100 feet of the properties' boundaries with adjacent developed residential parcels - much less within 20 feet of those properties. The applicants' conceptual site plan illustrates how development of the site might occur in light of the density transfer requirements. While the housing types allowed in the adjacent R-3.5 zone and the R-25 zone proposed for this site may be substantially different, the density transition requirements along with Code requirements regarding landscaping and buffering can be used to make the differing housing types compatible. 4. . Plan Policy 6.5.1 will be satisfied through review of a development proposal for the site through the Site Development Review and building permit review processes to assure that developments on the site will not create nuisances and that all buildings will comply with the Uniform Building Code. STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 5 5. Plan Policy 6.6.1 will be satisfied through the imposition of buffering and screening requirements of the Community Development Code to any future development proposal for the properties. 6. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve potential t development on the properties. i 7. Plan Policy 7.8.1 is satisfied because the Tigard School District was l informed of this proposal. The School District has not commented that the proposed addition of housing opportunities within the District { would cause exceeded capacities in the District's schools. The School District has been making plans for increased school capacity through several preliminary school construction and expansion proposals for which funding has been approved through the recent school funding tax levy request. 8. Plan Policy 8.1.1 commits the City to plan for a safe and efficient street and roadway system that meets current needs and anticipated future development. This policy would be satisfied because development resulting from the proposed redesignation of these parcels would tend to reduce the anticipated traffic onto SW 72nd Avenue and other nearby streets as compared to development under the current zoning. SW 72nd Avenue is a major collector street developed with primarily commercial and industrial uses and with good connections to several arterials. Although residential use of the site would be anticipated to generate more nighttime and weekend traffic than most of the permitted uses in the current C-P zone, that traffic would be expected to be on SW 72nd Avenue and not on local streets in the adjacent residential neighborhood. The Engineering Division will review any future development proposal for the property and may require improvements to affected public streets to reduce impacts resulting from future developments. 9. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of the properties. Necessary street improvements would be required at the time of development. The City's Engineering Division will review any future development proposals for the properties. 10. Plan Policy 8.2.2 is satisfied because Tri-Met offers bus service on SW 72nd Avenue on which the parcels have frontage. Therefore, the proposed redesignation would locate an intensive type of development within close proximity to an existing public transit route. 11. Plan Policy 9.1.2 is satisfied because the proposed redesignation would provide the opportunity for high density residential development in proximity to transit routes, major highways, and employment centers thereby promoting efficient use of the transportation system and reduced energy consumption. STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 6 12. The Locational Criteria specified in Chapter 12 of the Plan for Medium-High Density Residential use are satisfied for the following reasons: a. The subject properties are not committed to low density development. b. Density transition, buffering, and screening requirements of the Community Development Code may be used to help make future development on the subject properties compatible with neighboring low density single family residences to the north and west. C. The subject parcels have direct access to SW 72nd Avenue, a•major collector street, and are in close proximity to Highway 217 and I-5, both which are functionally classified as arterials. d. Serious development-limitations affecting the properties, such as steep slopes or poor drainage, are not evident. Essential public facilities are present to serve future development on the properties and have sufficient capacity to serve any increase in demand caused by development of the site. e. Public transit is available on SW 72nd Avenue in front of the site. f. The properties are located within one quarter mile of a business and office center across SW 72nd Avenue from the site. The site is also relatively close to the under-developed Tigard Triangle area which is anticipated to be a major employment center in the future. The applicants point out that there are few multi- family housing opportunities, developed or undeveloped, within close proximity to this future major employment center. ' Development of additional housing near the Triangle may result in ' reduced needs for automobile commuting between home and work. i The applicants point to the successes of the Kruse Way corridor E to the east as an example for the Triangle area of a successful mix of new, high quality office development, mixed density t residential development; and limited retail development. h i. Although the site is some distance from convenience retail services at this time, it is quite possible that convenience retail uses may become available as adjacent properties and the Triangle are developed. g. The applicants anticipate that private open space as well as recreational facilities will be provided as part of development of the site. In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the subject parcel. Alternatively, the City must find that there has been a mistake or inconsistency made in STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 7 the original designation of the parcel (Comprehensive Plan, Volume 2,Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). The applicants assert that a change in circumstances has occurred in that there is now a significant demand for housing opportunities within close proximity to employment centers. This sort of demand was not as evident just a few years ago. Substantial recent growth in the region has led to increased traffic congestion and increased commuting times. Proximity to one's place of employment is now a major factor in deciding where to call home. The housing industry has responded by developing all densities of housing close to employment centers. The applicants point to the neighboring Kruse Way area as an example of such a mixed use, mixed residential density area that has developed in recent years. Opportunities within the City of Tigard within one mile of the Triangle area for developing any type of housing, especially multi-family housing, are .extremely limited except for multi-family development above the first floor in mixed use developments within the Triangle. The Planning Division staff concurs with the applicants' assessment of the increased demand for housing opportunities near employment centers. Our assessment is based not only on our discussions with potential developers but also on discussions with potential residents of the City looking to live nearby their places of employment and with current residents who are concerned with their increased commute times. We also have noticed an increase in mixed use developments and less strict segregation of land uses in other cities. Primarily because such mixtures of uses can result in decreased traffic and fuel consumption, staff supports integration of land uses where it is possible for the uses to harmoniously co-exist through proper site planning. Staff also believes that a mistake in the original Plan designation for this site in particular as well as mistakes in the Plan Map city-wide exist that the proposed action can help to rectify. It is difficult to assert that a mistake was made in the Professional/Commercial designation of this particular site in 1983 because of the extensive discussions and deliberations regarding this site that occurred at that time. Nevertheless, we believe that the mistake that was made here, and in other locations throughout the city, was that not enough attention was paid to the need for multiple family residential opportunities at locations such as this that are near major employment centers, near commercial centers, near major highway corridors, and near public transit corridors. By locating higher density residential opportunities near employment/commercial centers and with respect to transportation opportunities, reduced dependence on automobile transportation could have been promoted and some of Tigard's present traffic congestion could have been avoided with positive impacts for the entire city. Instead, the current Plan Map designates the majority of areas available for new multiple family residential development far from employment and commercial centers. The primary areas that are designated < for multi-family housing opportunities are at the far western and southwestern edges of the city. The City Council and Planning Commission are well aware of the difficulties that have arisen as these areas have STAFF REPORT - CPA 89-07/ZC 89-07 (criterion Equities) - PAGE 8 developed and as rapid growth has hit the city in general. A common complaint in recent years has been the great increase in traffic in the newly developing areas and in developed areas through which the new residents must pass in their travels to I-5, Highway 217, and local employment and commercial centers. Providing multi-family housing opportunities nearer the Triangle, the SW 72nd Avenue Corridor, Washington Square/Lincoln Center, the central business district, and near I-5 and Highway 217 can help correct the mistakes of current Plan designations and minimize future traffic congestion. We therefore find that the current designation of this site can be categorized as a mistake in that it represents a lost opportunity to serve the city as a whole through locating multi-family housing opportunities close to typical traffic attractors. Such a redirection will require difficult decisions regarding existing neighborhoods, such as the Rolling Hills neighborhood, but we believe that the density transition requirements of the Community Development code and careful site selection and site plan scrutiny can be utilized to afford compatibility between housing developments of differing intensities. We find that the subject site is ideally located with regard to the Plan's locational criteria for multiple family residential opportunities, especially with respect to proximity to employment centers and highway and transit access. We.. also find that the applicants' conceptual site plan illustrates how the density transition requirement and careful site planning could make high density residential use of this site largely compatible with the adjacent low density residential development. C. RECOMMENDATION Based upon the findings and conclusions listed above, the Planning Division recommends that the Planning Commission forward a recommendation for approval of CPA 89-07/ZC 89-07 for the subject properties to Medium-High Density Residential and R-25. N d I A PREP BY: er ffer RO Y: Re h Liden Aa ant Planner Senior Planner s i br/CPA8907.JO STAFF REPORT - CPA 89-07/ZC 89-07 (Criterion Equities) - PAGE 9 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission DATE: October 3, 1989 FROM: Jerry Offer and Deborah Stuart Assistant Planners SUBJECT: Metro Housing Rule compliance The Metropolitan Housing Rule (Oregon Administrative Rule 660, Division 7) requires that the average density allowed for all developable residential land within the City's original planning area be a minimum of ten dwelling units per acre. Two plan amendment proposals before you tonight could affect the City's overall housing opportunity index or allowable density on lands that are classified by the Plan as buildable residential lands. The City's Plan, as acknowledged by LCDC in 1984, inventoried 1,311 acres of developable residential land in the City. Zoning at that time provided for a housing opportunity of 13,110 units, just meeting the Metropolitan Housing Rule standard. Since that time, eight Plan amendments have been approved which have affected the inventory. Those redesignations provide a current inventory of ! 1,290 acres and a housing opportunity for 13,112 units (10.16 units per acre). s s The two proposals before the Commission will have somewhat counter effects on the amount of developable residential acreage and the housing opportunity i. index. The Gross proposal (CPA 89-08/ZC 89-08) would reduce the amount of developable residential land by approximately 2 acres and the housing opportunity index by 47 units. The Criterion Equities proposal (CPA 89-07/ZC 89-07) would increase the amount of developable land by approximately 5 acres and the City's housing opportunity index by 125 units. The effect of these proposals, singly and jointly, on the developable lands inventory and the housing opportunity index is displayed below. b 1. Approval of Gross proposal Developable acres - 1,288 acres C Potential dwelling units - 13,065 units Housing opportunity index - 10.14 i 2. Approval of Criterion Equities proposal Developable acres - 1,295 Potential dwelling unit - 13237 dwelling units Housing opportunity index 10.22 3. Approval of both proposals Developable acres - 1,293 acres Potential Dwelling units - 13,190 dwelling units Housing opportunity index - 10.20 units/acre C TIGARD PLANNING COMMISSION REGULAR MEETING - OCTOBER 3, 1989 1. President Moen called the meeting to order at 7:35 PM. The meeting was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard, Tigard, Oregon. r 2. ROLL CALL: Present: President Moen; Commissioners Castile, Pyre, Leverett, Rosborough, and Saporta. s Absent: Commissioners Barber, and Peterson. Staff: Assistant Planner Jerry Offer (left 10:00 PM); Assistant Planner Deborah Stuart; Planning Secretary Diane M. Jelderks. F 3. APPROVAL OF MINUTES s Commissioner Fyre moved and Commissioner Rosborough seconded to approve the minutes as submitted. Motion carried by majority of Commissioners present. Commissioner Saporta abstained. t 4. PLANNING COMMISSION C X*1UNICATION o President Moen announced that Agenda Item 5.3, an appeal from NPO 3 ( regarding manufactured homes, is being postponed to the October 17th l Planning Commission hearing. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 89-07 AND ZONE CHANGE ZC 89-07 METZGER-EMS/ROCKWELL NPO #5 A request for approval of a Comprehensive Plan Amendment from (commercial Professional) to Medium-High Density residential and a Zone Change from C-P (Commercial Professional) to R-25 (Residential, 25 units/acre). ZONE: C-P (Commercial Professional) LOCATION: West side of SW 72nd Avenue, between SW Varns Street and SW Fir Street (WCTM 2S1 1DB, tax lots 800 & 801, 2S1 1DC, tax lot 3600) Assistant Planner Jerry offer reviewed the proposal and staff's reasons for recommending approval. Discussion followed regarding maximum building heights of the existing and proposed zones and the density transition required between a R-3.5 and R-25 zone. Also discussed was why the staff was recommending approval of the R-25 rather than the R-12 zone. APPLICANT'S PRESENTATION i o Mark Rockwell, Criterion Equities, 1800 One Main Place, 101 SW Main St., Portland, OR 97204, reviewed the existing condition of the property and 4 uses which would be permitted under the existing C-P zoning. He reviewed. reasons for and the need for the proposed change from C-P to Residential, and why R-25 versus R-12 would be better suited for the property. p~ PLANNING COMMISSION MINUTES - , 1989 - PAGE 1 f i l ( w o Ralph Tahran, OTAK Architects, 17355 SW Boones Ferry Road, Lake Oswego, OR 97035, explained that this proposal would minimize exposure to the single family residential area and is not designed to the maximum density which would be permitted. He compared design and site development review standards between the C-P and R-25 zone. He stated that the traffic from an R-25 development would have less conflict during peak times than C-P traffic and that they are willing to commit to the design concept that they are proposing. ` i f PUBLIC TESTIMONY t o Craig Hopkins, NPO # 5 Chairperson, stated that the NPO was impressed with the proposal. However, they are supporting the neighborhood in their opposition to the proposal. They feel that the Comprehensive Plan provides for orderly development of the area and that the C-P zoning should be maintained. o Jack Stiger, Steiger Enterprises, Inc., 10250 SW Greenburg Road, Tigard, E' OR. 97223, stated he has shown the site several times and feels that the site is better suited for a high quality, high density residential use. o Gordon Ring, 4214 SW 51st Place, Portland, Or 97221, Commercial Realtor for Cushman Wakefield stated he had passed on listing this site as it is inappropriate for commercial professional use and would be better suited to high density residential. o Dale Rossman, 13355 SW 76th, Tigard, OR., 97223, lives 200 feet from the s. west end of the project. He supports staff's recommendation for approval. He felt it would increase the value of property and enhance the area for future development. r o Raymond Ems, 13440 SW 76th, Tigard, OR. 97223, had owned the majority of s the land that is now the Rolling Hills Subdivision. He felt the proposal would clean up the area, that there is a high demand for residences in this area, and that there are probably 500 jobs available within a five minute walking distance from the proposal.' f. o David Metzger, Rt. 4 Box 267C, Sherwood, OR., representing his mother who owns the property, stated that the property has been listed for 9 years and they have been told repeatedly that this is a poor site for office use. He added that a large number of offices across the street have remained vacant. They have had several offers for the front half of their property which would leave the back half, which abuts the residential' area, with a structure that would be constructed of less quality than the s: multi-family structures proposed. f' i o James Powell, 7660 SW Fir, Tigard, OR., lives two to three houses away. He was concerned that it had been decided in 83/84 how the site would f develop and that now there is a change in thinking, and the developer wants to change the use. He was opposed to the change in principle. Discussion followed regarding the Comprehensive Plan Amendment process. PLANNING COMMISSION MINUTES - , 1989 - PAGE 2 o Bob Sudlow, 7530 SW Varna, Tigard, OR. 97223, supported the proposal. He would prefer single family residential but realizes that is not practical. He stated there has been no growth under the current circumstances and felt the proposal would increase property values. Currently the residential area is an island and if the site is developed as commercial professional it will further fragment the residential island. o Staff submitted letters of support from Leonard Ludwig, First Portland Leasing Corp.; John Decosta, Professionals 100; Jim and Nancy Wryn; and Wallace Harding, Harding Fletcher Company. o Bruce MacKay, 7430 SW Cherry Dr., Tigard, OR. 97223, abuts the a3outh boundary of the property. He had investigated the zoning at the time of purchase and had made his decision to buy on the basis that the abutting property would develop as commercial professional and opposed changing the zone to multi-family. o Jerry Howe, 13280 SW 76th, Tigard, OR. 97223, lives adjacent to the proposal and had purchased his home a year and a half ago because of the large lots and low traffic. He felt if the site is developed as commercial professional, the traffic would end after 5:00 pm. If the site developes as multi-family, he felt traffic would occur at all hours, that higher crime rate would result, and that the multi-family area would not be maintained to the neighborhood's standards. He questioned how many times will they have to face rezoning issues? o Ray Piricl, 7745 SW Varna, Tigard, OR. 97223, neither favors or opposes the request. He stated that this site had been a major issue during the Comprehensive Plan process, originally it was zoned I-P and as a comprise was zoned C-P. He added that the Rolling Hills Subdivision is a special case and the City had made a commitment to protect the subdivision and he felt the City should honor that commitment. o Earla Guerra, 7670 SW Cherry Drive, Tigard, OR. 97223, was concerned what would happen to other adjacent vacant land if this site is allowed to change to high density residential. She opposed the change. o Joanne Bieker, 7730 SW Cherry, Tigard, OR. 97223, requested that the property remain C-P. She did not feel the City had taken care of problems such as the apartments to the north of the subdivision. o Millie Cox, 13320 SW 76th Ave., Tigard, OR. 97223, stated they had purchased their property two and a half years ago knowing that they abutted C-P zoning. They would not have purchased if the property had been zoned for multi-family. She stated the subdivision has approximately 65 quiet, large, well kept lots and that the proposal would more than double the population. She was also concerned that property value would go down. PLANNING COMMISSION MINUTES - , 1989 - PAGE 3 - o Ron Raton, 13395 SW 72nd Ave., Tigard, OR 97223, resident for 18 years was concerned about what effect the proposed exit/entrance would have on his road. His other concerns were that crime would increase, evening and weekend noise would increase, population would triple, and what would happen to the other vacant eight acres to the south which are in close proximity to this site along Fir Street. 0 Sharon Takahashi, 7610 SW Cherry Dr., Tigard, OR. 97223, stated she has been a member of NPO # 5 since 1981 and they have had to protect the neighborhood against Tech Center, Hillside/Hunziker, and the batch plant. She did not feel that there was an error in the plan and if there is a need for additional multi-family that the Tigard Triangle should be evaluated for that use. o Ed Gordon 7475 SW Cherry Dr., Tigard, OR. 97223, stated he owns apartments and has concerns for the problems that high density living creates such as traffic at all hours. He opposed the change. o Dennis Worznick, 7495 SW Cherry, Tigard, OR. 97223, opposed the request. He felt that lack of housing should be put in the Tigard Triangle. He was concerned that adjacent vacant property would be changed to R-25 if this proposal is approved. o Jim Jackson, 7380 SW Varns, Tigard, Or. 97223, located on the north side of the project likes the look of the project, however, has concerns regarding crime, noise, and air quality from fireplaces. C o Greg Weber, 7425 SW Varns, Tigard, OR. 97223, opposed the request. He was concerned about air pollution and traffic. o Tom Brian, 7630 SW Fir, Tigard, OR. 97223, nearby, not adjacent, did not feel a substantial change had been made to justify the change and that market changes come and go. Many owners had purchased homes based upon the existing zoning and he felt the Comprehensive Plan should be relied upon. He noted that the criteria is the same for R-25 zone as it is for the C-P zone, that the City is in compliance with the housing goal, that additional residential uses (R-40) are allowed in the Tigard Triangle above the first floor, and that if housing is targeted in the wrong area this should be addressed during periodic review. He added that a neighborhood meeting had voted 30 to 3 to keep the C-P zone and that economic circumstances should not be balanced on the backs of this neighborhood. He requested denial. However, if the Commission chose to recommend approval he suggested that the applicant be required to sit down with the neighborhood and come up with some restrictive covenants. REBUTTAL o Mark Rockwell stated that the applicants are willing to commit to restrictive covenants. He felt that the reason the neighbors are happy with the C-P zoning is because of the vacant site they have not been exposed to the uses which would be permitted, several of which would not t end at 5:00 pm. In addition, they could have a 45 foot tall concrete PLANNING COMMISSION MINUTES - , 1989 - PAGE 4 building 20 feet from their property line. He felt 9 years was a long time to ask a property owner to be patient. Also, that traffic would be 50% less than a commercial development and would not penetrate the neighborhood. He felt that the concerns for increased crime are unfounded and that even homes in the Rolling Hills Subdivision have been allowed to run down; that the $50,000 units they proposed would not denigrate but would enhance the area and increase home values. He did not feel the R-40 density allowed above the first floor in the Triangle was a serious zone as it has not even been able to work downtown Portland. PUBLIC HEARING CLOSED o Commissioner Leverett favored the request. o Commissioner Rosborough felt that this was a high quality proposal. However, he was unsure whether the criteria had been met. He did not feel a mistake had been made. o Commissioner Castile was impressed with the design, however, he felt the C-P zone should be preserved. O Commissioner Pyre felt that this is a good development; however, there are no guarantees that this is the project that would be constructed. He did not feel that the criteria had been met for a change. He felt that / perhaps the entire area should be looked at for a change to multi-family. o Commissioner Saporta did not feel the criteria had been met. o President Moen-was concerned that the criteria had not been met to warrant a change. He had a problems with abutting R-25 and R-3.5 zones. He felt that density transition and buffering help, however Rolling Hills is unique and the City did make a commitment to protect the subdivision. O Commissioner Fyre moved and Commissioner Castile seconded to forward CPA 89-07 and ZC 89-07 to City Council with a recommendation for denial based on the finding that the proposal did not meet the criteria to allow a change in the Comprehensive Plan. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 89-08 ZONE CHANGE ZC 89-08 GROSS NPO #7 A request for approval of a comprehensive Plan Amendment from Medium-High Density Residential to Neighborhood Commercial and a Zone Change from R-25 (Residential, 25 units/acre) to C-N (Commercial, Neighborhood). ZONE: R-25 (Residential, 25 units/acre) LOCATION: Southwest corner of the intersection of SW Scholls Ferry Road and SW 135th Avenue. (WCTM 1S1 33CA, Tax Lot 100) Assistant Planner Deborah Stuart reviewed the proposal, the proposed road r improvements, and made staff's recommendation for denial. ~S PLANNING COMMISSION MINUTES - , 1989 - PAGE 5 PROFESSIONALS 100, INC., REALTORSO Mr. Jerry Offer Community Development Department City of Tigard Tigard, Oregon 97223 RE: Proposed Comprehensive Plan Ammendment and Zone Change for 13265 S.W. 72nd. Avenue; 2S1 1DB, tax lots 800 S 801, a portion of 2S1 1DC, tax lot 3600) Dear Mr. Offer: Based on my experience in marketing the property, there are several reasons why I recommend approval of the proposed Comprehensive Plan Ammendment. First, the site is not large enough to accommodate C-P projects of substantial scope and quality. Second, the site is disproportionately deep in relationship to its width and frontage on S.W. 72nd. This eliminates most C-P developments as greater width and visibility are nearly always important requirements. These limitations result in two small sites. one on the front that is 2-2.5 acres, and the balance of the property in the back making up a second "landlocked" site of a similar size. If the current zoning is maintained, I fully expect the property will be divided into two parcels as we have had interest from various individuals to purchase the front portion to build a small office or commercial building. That leaves the "landlocked" back half of the property undeveloped and with relatively little value. Given these circumstances, I would not anticipate that the development on the property will be of high quality, particularly on the back half. However, if the Comprehensive Plan amendment and zone change are made, the opposite is true. The size, shape, and location of the property are excellent for accommodating a high quality multi-family development. Furthermore, the change would help to adjust a significant imbalance in available land. At present there is a large supply of undeveloped C-P land yet there is no R-25 land available in or near the Tigard Triangle. Sincerely, ohn Decosta Lake Oswego Branch • "Kruse Woods One", 5285 S.W. Meadows Rd., Suite 161, Lake Oswego, OR 97035 • (503) 636-4545 r MA. and Mu. James H. WAyn ~2 1989 7570 S.W. CheAAy Drive i; /J ~C t Tigcvcd, Oicegon 97223 n1tti~~5Y~~mun►t~Devetapmeat TigaAd City Hate Tigard, OAeg o n Regarding: Zone change Son Rotting HUP6 Estates Dean Couneie, FAiend and Newghbots, We aAe dowry we eoued not be here tonight in peAzon, but vie wooed tike to tend our support in avoA o6 the zone change. We beet these wowed be beautibue, welt kept apa&tnents. geaut.i~ut tandseaping and welt maintained. The buitdetus have o66eAed to give us this assurance in w1titing. They would be mote attAaetive than a steti,te o55.ice building, and we have no assukan.ce that an oj6.ice building wilt be built: there. It could be any numbeA oj us.inesses. It coned be a day cane eenteA, with say a hundred parents coming and going twice a day at peak tAa55.ic houAA. It eoutd be and Etks on Moose Lodge built: there with many night time activities going on. TheAe are empty o66ices ae,e oveA T.igand, Who wowed want to build another o66ice bu t.d ing to stand vacant. Take a wa e.k around youA neighborhood and took at the empty o66ices 5oA tent. Tnabs.ic--We are doomed to have mote ttajj.ic, no matteA what is bu,iZt there. We think it would be better to have mote cars than 18 wheeeeu making and pick- ing up deUveAi.es 6&om a business on warehouse. These apartment dwetters are not ate going to be poun,i,ng out onto 72nd street at 7:45 A.M. each morning, they wilt be coming and going just as you and I do, at va&i.ous hours. We 6ee.e you woued be better o6j with these nice apartments bih.i,nd you than what we have. We know what it is Zi,ke to be awakened in the night by someone pound= ing .6t ea oA dropping guess in the dumps.teA, oA t&ucks .idt i.ng hatb the night, waiting 5oA a pickup. Believe me you don't want that. We think most o6 the tesidenta o4 Rotting H.c,P,es wou ed tike to see this .land remain as it cz, but with .eared in such shc&t suppey, it can not be. Someone is going to bu.i.P_d something on this ta.n.d and we wooed Aathen see it be a beautijue devetopement than a pig .in._a poke. We have enough ugly on 72nd, .let's have some pretty jot a change. l Regards, r't andy Wtyn 119/19~/tSJ 19:! : sb t1 b193 'L~y 'l513 HANV I NG eLl&'I C htLK CITY OF T I UAKV t~ ouz MORTGAGE BANKERS P-:::4 ANp REAL ESTATE CONSULTANTS Wft Ontober 3. 1989 Mr. Jerry Offer Community Development Department City of Tigard 13125 SW Hall Boulevard Tigard. Oregon 97223 RE: Proposed Comprehensive Plan Amendment and Zone Change from Commercial Professional (C-P) to Residential R-25 13265 SW 72nd Avenue Tigard, Oregon Dear Mr. Offer: For the past 28 years. I have been involved in financing a wide assortment of real estate developments throughout Portland and the State of Oregon. My background includes reviewing prospec- tive development sites and assessing proposed projects' financial feasibility. This year we anticipate Harding Fletcher will finance over 100 million dollars in real estate, much of which is in the Portland area. The proposed Comprehensive Plan Amendment and Zone Change repre- sent a very positive opportunity for the immediate neighborhood and the community at large. The site in quratlun lu out well suited for C-P development. It has relatively little frontage in comparison to its overall depth. The C-P zone also permits a wide assortment of uses (many of which would not be desirable neighbors to the adjoining homes) to place varied types of buildings up to a minimum of only 201 from the adjacent residential lots.. It is unlikely the property will be developed as a quality office location. The office bulldings on the east side of SW 72nd Avenue have not been as financially successful as had been originally antlulpated. Rental rates continue to be below the overall office market, and vacancies are high. Re-zoning the property to k-25 accomplishes several things: 1. The site is the correct size. shape and location for a financially successful multi-family development. 2. Tigard has very little multi-family land available in that area of town and the zone change would respond to that need. Liao Center Tower* Suite 1050.825 N.E. Multnomah, Portland. OR 97232 -Phone (503) 235.4328 -FAX (503) 239-7513 lr1/ t/.i/ ua UA . J L U iJVJ L:J.7 f Al:l IlN(W 11%U I' L.L' I W IL' 1l V I I 1 Ur 1111t11W yJ UUJ Mr. Jerry offer Ocluber 3. 1989 Page 2 3. A multi-family residential project is more compatible with the adjoining single family development. It would act as a buffer between the homes and the more intense commercial and industrial uses and thus serve to rein- force and preserve the Rolling Hills neighborhood. I strongly encourage the City of Tigard to adopt the proposed Comprehensive Plan amendment and Zone Change from G-P to H-25. ours very ruly WL C~ Wallace E. Harding, CMB President WCH/jg r NEIGHBORHOOD PLANNING ORGANIZATION #5 After a brief introduction to Tigard's new police chief, Ran Goodpaster, our NPO adjourned to the city hall conference room to deal with the night's agenda. Present were Chair Craig Hopkins, Orm Doty, Wendy Hawley, Wayne MacKinnon, Larry Schmidt and Sharon Takahashi. Guests this evening were Dick Bauer and Martha Bishop. The meeting was called to order at 8:00 p.m. and the minutes of the previous meeting were approved as submitted. i Unfinished business: 1. The question of the congestion and confusing lane markings on the 72nd Avenue overpass has had attention drawn to it and a letter has been sent to the Regional Highway Board. 2. The speed on Hall from Hunziker to Durham has also been similarly addressed. f New business: *8: SDR 89-22IV89-28: This item was moved up in the agenda to accommodate Mr. Bauer, a principal in the issue, and Mr. Schmidt. Schmidt's Sanitary Service is seeking to expand and Y relocate a nonconforming sanitary service business. A new j truck barn and areas to place recycling bins and containers away from the adjacent residential property are planned. Fuel tanks are to be removed or decommissioned by Oct. of t 1990 and new fencing will be added. A second driveway will be added to access property on west side of house. This plan. was an amicable solution to both Mr. Bauer and Mr. Schmidt. 1: HOP 89-33: Sunset Wall Covering. Michael Lehman of 7925 SW s Ashford. No objection voiced. 2. SDR Appeal of Colling Firs at Durham Road. Information only. Final appeal denied. 4. S 89-07: Bristol/McMonagle proposal to divide 2.48 acre parcel into 13 lots. No objection seen as it is allowable use and development. 5. SDR 89-16/V 89-23: Edwards/Castile proposal for commercial landscape construction and nursery business. Has been granted by the planning commission. 6. SDR 89-19: Pactrust Buildings 218 and 220 in Oregon Business Park III. No objection. 7. SDR 89-19: Two buildings in Pacific Corporate Center. No objection. i' 9: CPA 89-07/cc 89-07: Metzger-Ems/Rockwell. Request for a comp plan amendment and cone change to allow 110 apartment units on 72nd Avenue, between Varns and Fir. The membership of the NPO had no strong feelings on the proposal but urged the residents of the'area to attend the informational meeting to be help at Phil Lewis School on Sept. 27, at 7:30 p.m. At that time they will be able to ask questions and voice their opinions on the project. } 'r: L ~o~~~,~~® ~.~~►se~G comma. FORMERLY CHARTER EQUIPMENT LEASING CORP. OF THE NORTHWEST September 29, 1989 t. Mr. Jerry Offer Community Development Department City of Tigard Tigard, OR 97223 ! RE: Proposed Comprehensive Plan Amendment and Zone Change for E. 13265 S.W. 72nd. Avenue; 2S1 1DB,(tax lots 800 & 801, a por- tion of 2S1 1DC, tax lot 3600) Dear Mr. Offer: Since I am unable to attend the public hearing on Tuesday, October 3rd, I am writing you this letter. As a property owner on south- west Varns street, I want to express my strong support for the proposed comprehensive plan amendment and zone change. a` As you are aware, in addition to the large employment base already located in this area, Tigard has plans that call for developing thousands of new jobs within the Tigard Triangle as well as a large number for the southern end of S.W. 72nd. However, to my knowledge, there are no provisions in place to provide for any new multi-family housing within the triangle and there is very little inventory of multi-family land in the east and northeast portions of Tigard, and that is particularly true of land designated R-25. The proposed change is a step in the right direction. It's a mis- take to plan for thousands of new jobs and not accommodate the ob- vious need for additional multi-family housing. Sincerely, Leonard Ludwig, . President 4 LL:dab O CT 0 21989 7145 S.W. Varns Street • Portland, Oregon 97223-8057 • (503) 684-3417 Fax: (503) 684-0087 REQUEST FOR A PLAN AMENDMENT AND ZONE CHANGE COMMERCIAL PROFESSIONAL (CP) TO MEDIUM HIGH DENSITY RESIDENTIAL (R25) CRITERION EQUITIES 1800 ONE MAIN PLACE 101 SW MAIN STREET PORTLAND, OREGON 97204 k Q d~ a AUGUST 149 1989 architects, p.c. 1 i355 S.W. &Wes Ferry Rd. take0swego.OR 97035 (503) 63s-3618 A REQUST FOR A PLAN AMENDMENT w - AND ZONE CHANGE FROM COMMERCIAL PROFESSIONAL (C-P) TO MEDIUM-HIGH DENSITY (R-25) RESIDENTIAL r Prepared for: CRITERION EQUITIES 1800 One Main Place 101 SW Main Street Portland, OR 97204 Prepared by: - OTAK ARCHITECTS, P.C. 17355 S.W. Boones Ferry Road Lake Oswego, OR 97035 August 14, 1989 I t PROPOSED: A request for a Comprehensive Plan Amendment and Zone Change from Commercial Professional (C-P) to Medium-High Density (R-25) Residential. l LOCATION: A 5.03 acre parcel of land fronting on the west side of SW 72nd Avenue between SW Varns Street and SW Fir Street. j LEGAL j DESCRIPTION: Tax lots 800, 801, 2Si, IDD and a 16.5 foot wide strip of the northerly portion of tax lot 3600, 2S 1, 1DC., Tigard, Oreg.,n. Total area: 5.03 Acres. r Y {C ~t E a 6 r qi( L 1 INTRODUCTION This application is to seek an amendment to the Tigard Comprehensive Plan to change a 5.03 acre Commercial Professional parcel to Medium-High Density (R-25) Residential. In the Comprehensive Plan Policies, the Commercial Professional Zone and the Medium-High Density (R-25) Residential Zone must meet the same locational Y criteria, to suggest that the land uses are somewhat interchangeable. We believe that a change in circumstances has occurred since the original designation on the Comprehensive Plan and the remainder of this narrative will serve as the supporting documentation. The C~ Tigard Triangle area is developing as a high quality business center much like the Kruse Way Corridor to the east of the site. The Kruse Way Corridor has an added dimension to this business center concept, by providing a mix of housing types so the public can live close ^ to their employment. A similar situation is possible in the Tigard Triangle but there is a shortage of sites that would be available to develop high quality multi-family in close proximity to the business centers. The subject site does not have the size or site configuration necessary to develop as a business park or office park to effectively compete as a viable commercial use. It also appears as though a commercial use would intrude more into the residential area just by the nature of its design requirements. A multi-family project must meet more strict design requirements and screening and buffering to fit into the site more positively. We have designed for this amendment proposal a suitable residentially scaled attractive project that proposes significant screening, setbacks and buffers from the existing residences. The multi-family market remains extremely strong and, in this case, provides a housing choice that is not available at this time to complement the Tigard 6 Triangle. SITE DESCRIPTION The site is an approximately 5.03 acre relatively flat parcel of land gently sloping from west to the eastern boundary. The property fronts on a major collector, SW 72nd Avenue and SW Fir Street. Single-family development abuts the site on the northern and western boundary. Across SW 72nd to the east is a business park. A nice collection of mature trees exist along the SW 72nd Avenue frontage and will remain with the proposed project. The site is a rectangular shape that goes deeply into the residential area and has all public facilities available. r 2 r CONSISTENCY WITH COMPREHENSIVE PLAN POLICIES i PLAN POLICY 1.1.2 IMPLEMENTATION STRATEGY _ change is consistent with Plan Policies and change in circumstances affecting parcel or neighborhood, or a mistake in original land use designation s As will be discussed in great detail, this request for a change to Medium-High Density Residential is consistent with all the applicable Plan Policies and locational criteria for _ Medium-High Density Residential designation. Changes in circumstances have taken place affecting this parcel, neighborhood, metropolitan housing policies and the preference the public has indicated in the past few years to live closer to their places of employment. As the Tigard Triangle area continues to develop, a pattern much like the Kruse Way area is resulting, an area of high quality development on major transportation corridors where people can work in the office and business centers' and have a choice of quality housing opportunities, mixes of single-family and multi-family;, € in effect, a mixed use development on a broader scale. The subject parcel meets all the locational criteria outlined in the Comprehensive Plan for a Medium-High Density Residential Zone designation. Development of nearby business centers and the absence of high quality multi-family housing in the immediate area make this an ideal site to provide housing for the continuing development of the business and office parks. i Metropolitan housing policies have caused a change in circumstances since the original adoption of Comprehensive Plans, increasing housing density requirements on communities to approximately 10 units per acre, up from an original mandate of approximately 8 units per acre. Recent decisions by Metro to limit extending the Urban Growth Boundary changes C the circumstances to continue to develop more intensely. These recent policies, Metro wide, ` along with the continuing demand for multi-family housing and the public's increasing desire F - to live closer to where they work to minimize commute time and increase leisure time make this an attractive, ideally located Medium-High Density Residential site. E r PLAN POLICY 2.1.1 NEIGHBORHOOD REVIEW OF PROPOSAL is For a comprehensive review of our proposal by the neighborhood, we will implement all the strategies outlined in the Plan Policies. We will inform. and meet with the appropriate c" Neighborhood Planning Organization up until the scheduled hearing date. The Plan Amendment process assures that affected owners are notified. The City also assists the process in providing meeting areas in City Hall. 1 3 PLAN POLICY 6.1.1 INCREASED HOUSING OPPORTUNITIES The policy is satisfied by offering housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. All services are available to this site and the proposed design preserves the trees and character along the 72nd Avenue frontage to the maximum extent. The proposal would provide for additional multi-family development and would increase the net housing opportunity on buildable lands in the City. The City is obligated through the Metropolitan Housing Rule to provide for an equal housing opportunity mix of single-family and multi-family units with an overall development density of 10 units per acre. This redesignation request would further the City's compliance with these requirements. y, PLAN POLICIES 6.3.2 AND 6.3.3 COMPATIBILITY WITH LOWER DENSITY ESTABLISHED RESIDENTIAL ZONE ` These policies will be satisfied through strict buffering and screening criteria in the Community Development Code. The density within 100 feet of each property line abutting residential will not exceed 2510 over the density shown on the Comprehensive Plan for the adjacent land. The increased setbacks, density limitations and height restrictions will mandate a development more compatible with adjacent residential areas than the existing zone designation of Commercial Professional. PLAN POLICY 6.6.1 BUFFERING AND SCREENING This policy will be satisfied through the Design Review process. This proposal will be subject to more stringent buffering and screening requirements than the current allowed use of Commercial Professional. In general, we also intend to increase the buffer by placing garages against the property line areas abutting residential to form a solid secure buffer. f PLAN POLICIES 7.1.2. 7.2.1. 7.4.4, 7.6.1 PUBLIC FACIL117 AND SERVICE C CAPABILITIES { The Policies are satisfied because adequate public service capacities are available to serve development on the property. Sanitary sewer and water is available on SW 72nd Avenue. Site drainage will be directed to nearby storm sewers. A 2/3 street improvement on Fir Street will be required. Erosion control techniques will be included as part of the site development plan. PLAN POLICY 7.8.1 ADEQUACY OF SCHOOL SYSTEM The Tigard School District is being informed of this proposal. A new addition to the Durham Elementary School is nearly completed. It is our understanding that the School District is also reviewing proposed changes to school attendance boundaries to alleviate overcrowding in existing classrooms and to provide additional capacity to serve future growth. r 4 PLAN POLICY 8.1.1 SAFE AND EFFICIENT STREET SYSTEM AND PLAN POLICY 8.1.3 ROADWAY IMPROVEMENTS The proposed development directly abuts SW 72nd Avenue a developed major collector street. Street right of way will be dedicated along SW 72nd Avenue and SW Fir Street. Our development will construct a 2/3 street improvement on SW Fir Street to serve as access to our development, so that traffic from our development will not pass through existing neighborhoods. Tri-Met service is available abutting the site at SW 72nd Avenue. PLAN POLICY 8.2.2 LOCATING INTENSIVE LAND USE IN AREAS SERVED BY PUBLIC TRANSIT This policy is satisfied because Tri-Met offers bus service on SW 72nd Avenue, less than one quarter mile from the properties. The proposed redesignation would locate an intensive type of development on an existing public transit route to maximize use. PLAN POLICY 12.1.1 LOCATIONAL CRITERIA FOR MEDIUM-HIGH DENSITY RESIDENTIAL PLAN DESIGNATION The proposal is in complete agreement with the outlined locational criteria for Medium- High Density Residential use. i 1. Density transition, buffering and screening requirements of the Community Development Code will assure that the development will be compatible with adjacent residences. 2. The proposed development plan maximizes the privacy of the existing residential area. 3. The subject parcel fronts on and has direct access to SW 72nd Avenue, a major collector street. k 4. The subject site is relatively flat, with sparse tree cover, and is fully serviced; so no development limitations exist. 5. Tri-Met service is available on 72nd so public transit is available within one quarter: mile. c 6. A business center is located across SW 72nd from the site. Convenience retail service is also available nearby. Also relevant is the part increased housing opportunities will play in the development of the Tigard Triangle, an area that will provide a mix of uses; employment centers with complementing housing areas, much like the Kruse Way Corridor is developing to the east of the subject site. t 7. The proposed development will provide its own open space and recreational facilities. 5 •i COMPLIANCE WITH APPLICABLE LCDC GOALS AND GUIDELINES GOAL I - CITIZEN INVOLVEMENT This application follows the Plan Amendment process and the subsequent notification procedures required to insure the general public may become involved in the planning process. Additionally, neighborhood meetings will be held to present our proposal to the E- immediate area. i. GOAL 2 - LAND USE PLANNING h~ By following the designated process and by providing a factual basis to support said change, this amendment conforms to said goal. GOAL GOAL 3 -AGRICULTURAL i Not applicable. GOAL 4 - FOREST LANDS Not applicable. ` GOAL 5 - OPEN SPACE SCENIC AND HISTORICAL AREAS AND NATURAL RESOURCES` - Not applicable, except for open space requirements of the Medium-High Density (R-25) Residential Zone. - GOAL 6 - AIR WATER AND LAND RESOURCE QUALITY The development would conform to all environmental quality statutes, rules and standards. GOAL 7 - AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS Not applicable. GOAL 8 - RECREATIONAL NEEDS Not applicable. GOAL 9 -ECONOMY OF STATE ; U The subject project will provide jobs and services to residents of the State. Development of the site will have a positive influence on the tax base. 6 i GOAL 10 - HOUSING The proposal will provide for additional housing opportunities as promoted by the City's Comprehensive Plan and the Metropolitan Housing Rule. The Metropolitan Housing Rule requires that the City maintain a minimum housing opportunity rate for developable lands of 10 units per acre and a minimum 50/50 opportunity mix for single-family and multi- family housing. GOAL 11 - PUBLIC FACILITIES AND SERVICES Urban services exist on or in close proximity to the subject site. The proposed Plan Amendment would allow for the use of these facilities and services in an efficient and reasonable manner. GOAL 12 - TRANSPORTATION The proposed use would make efficient use of a major transportation corridor. GOAL 13 - ENERGY CONSERVATION Greater efficiency is achieved by placing increased intensity along high capacity transportation corridors. 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VIII ~~n~lla IJl~ila.l I I Nore: IF THISMICImFtlrffo 2 3 4 5 6._ 7 B _ 8 0 _11_.._..._.12 ' DRAWING IS LESS CLEAR 1HAN ~ - THIS lY7TICE, R IS OIIE TO 1FEi QUALITY OF 1FE ORIGINAL i as az pz cz aIz sz ~ rz -~ez zz tz oa -s~ ei ~i 91 S'I~~ bl EI 21 - I I o! 6 p- ~ _ 9 _5 _ .6 ~ I~ ; iMIC1111II1L1~N11~1111~IN1~~1 & 1 t1"I`1'~,~r • i 4,' d• ~ _ ~ 1 ~ C.:d ~ MEMORANDUM CITY OF TIGARD, OREGON TO: Ed Murphy, Community Development December 19, 1989 Director FROM: Cathy Wheatley, City Recbrder SUBJECT: Mobile Home Issue - Cook Lane I received a telephone call today from Mrs. James McGriff, 10735 S.W. Park Street, Tigard, Oregon (phone no. 620-7528). She advised she was in receipt of a note written by one of her neighbors concerning the mobile home located on Cook Lane and the fact that Council would be discussing the subject on December 20. She advised she would be unable to attend the meeting; however, wanted to voice her concern over the mobile home issue. She opposed having the mobile home in her neighbor- hood and was fearful that several more mobile homes might be placed on vacant lots in the area. Mrs. McGriff noted her objection to her neighborhood being described as "unkept" during recent city meetings. (She advised she was told this was said during testimony - she was not present at the meeting where this was to have occurred.) cw \ CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 89- PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH UPHOLDS A DIRECTOR'S INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE THAT WAS APPEALED TO THE COMMISSION BY NEIGHBORHOOD PLANNING ORGANIZATION NO. 3 (FILE NO. M 89-20). WHEREAS, an application for a building permit was submitted on April 13, 1989 to place a residence at 10676 S.W. Cook Lane and the permit was subsequently approved by the Building Division; and WHEREAS, nearby neighbors and Neighborhood Planning Organization (NPO) No. 3 filed objections to the approval of the building permit on the grounds that the residence is a mobile home which is not permitted on an individual lot in the R-3.5 (Residential, 3.5 units/acre) zone; and WHEREAS, the Director issued an interpretation that the residence was a manufactured home as defined by the Community Development Code and it was a permitted use on an individual lot in the R- 3.5 zone; and WHEREAS, NPO No. 3 appealed the Director's interpretation of the Code to the Planning Commission and the Commission reviewed the case at a public hearing on December 5, 1989. THE PLANNING COMMISSION CONCLUDES THAT: Section 1: The residence located at 10676 S.W. Cook Lane is a manufactured home as defined in Section 18.42.020 A. 10. of the Community Development Code. Section 2: The subject property is zoned R-3.5 and manufactured homes are listed in Section 18.48.030 A. 5. of the Code as a permitted use. Section 3. The residence satisfies the applicable criteria listed in Section 18.94.040 A. of the Code which pertain to siting manufactured homes on individual lots. Section 4. There are some differences in construction of the residence which are different from standard Uniform Building Code (UBC) construction. However, the UBC allows the use of "alternative methods of construction" provided it can be verified that the modification will perform as well as or better than the corresponding UBC standard. In this case, the verification of equivalent performance has been provided by the Department of Housing and Urban Development, which inspected the residence at the factory. Section 5: The Planning Commission, therefore orders that the above referenced appeal be denied and the Director's interpretation (Case No. M 89- 20) be upheld. It is further ordered that the appellant (NPO 3.) FINAL ORDER NO. 89- PC - M 89-20 - PAGE 1 and the owner of the residence be notified of the entry of this order. i PASSED: This day of December, 1989, by the Planning Commission of the City of Tigard. Milton Fyre, Vice-president Tigard Planning Commission M89-20/kl FINAL ORDER NO. 89- PC - M 89-20 - PAGE 2 r 5 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 6, 1989 DATE SUBMITTED: October 27, 1989 ISSUE/AGENDA TITLE: Zone Ordinanc PREVIOUS ACTION:Plannin Commission Amendment ZOA 89-03 hearing on 10/17/89 PREPARED BY: Deborah Stuart DEPT HEAD O CITY ADMIN OK REQUESTED BY: P LICY ISSUE Should the Tigard Comprehensive pla , volume 3, the Community Development Code be amended to incorporate recently adopted state law pertaining to non-point source pollution caused by new development? INFORMATION SUMMARY In late July, the state Environmental Quality Commission (EQC) adopted new regulations pertaining to non-point source pollution caused by new development. The new regulations apply to construction projects in the Tualatin River Basin for which an application is submitted after January 1, 1990. The City is required to adopt these regulations. The Planning Commission considered these amendments (ZOA 89-03) at their regular meeting on October 17, 1989. i The EQC is also considering potential rules which would put additional f requirements on new developments, including a requirement for permanent storm f water treatment for some developments. These rules will likely be considered in I November by the EQC and may later be adopted by the City. The present rules can be found in OAR 340-41-455(3). Attached are the proposed changes ("Exhibit A") to Community Development Code Chapter 18.90, Environmental Performance Standards; an ordinance adopting the amendment; and a copy of the state regulations (attachment B). New proposed wording is indicated by underlines. No wording is proposed to be deleted from this chapter. ALTERNATIVES CONSIDERED 1. Adopt the proposed amendment as recommended by the Planning Commission. 2. Modify the proposed amendment. 3. Deny the proposed amendment. FISCAL IMPACT These regulations affect the cost of development, as well as the costs of maintaining public streets and storm water facilities. SUGGESTED ACTION 1. Adopt the proposed amendment as recommended by the Planning Commission. is r., P C~ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 6, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Public Hearing, PREVIOUS ACTION: Pacific Corporate Center LID Boundar Ame nt /I JAI PREPARED BY: Randall R. Woole DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Shall Ordinance No. 89-14 creating the Pacific Corporate Center Local Improvement District be amended to correct the legal description of the District boundaries? INFORMATION SUMMARY The consultants on the Pacific Corporate Center LID project have discovered an error in the legal description of the boundaries of the LID. The legal description as written includes a small amount of land outside of the intended LID boundary. It is proposed to amend the boundary description to reduce the width of the northerly 475 feet of the District immediately south of Bonita Road from 87.5 to 72.5 feet. This amendment will correct the description to conform with the right-of-way which has actually been acquired from John Smets. { The Attorneys have recommended that this amendment be adopted in order to make it clear that the Smets property is not to be assessed under the LID. A public hearing is required in order to amend the LID formation ordinance. Notices of the public hearing have been mailed to property owners and published in the Tigard Times. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance amending the LID boundaries. 2. Take no action, allowing the boundaries to remain as described in the original ordinance. FISCAL IMPACT None SUGGESTED ACTION Staff recommends adoption of the attached ordinance. dj/SS-PHPCC.RW