City Council Packet - 04/09/1990
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item should sign on the appropriate
APRIL 9, 1990 5:30 PM 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.
o STUDY SESSION
- Water Authority Discussion with Metzger Water District
Representatives (5:30 p.m.)
- Petition for Park Land - Residents of Bond Park
1. BUSINESS BETING (7:30 p.m.)
1.1 Call to order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to council and staff for Non Agenda Items
2. PROCLAMATIONS
a. PARTLII DAY
b. FAIR HOUSING MONTH
o Mayor Edwards
3 . VISITOR'S AGENDA (Two Minutes or Less, Please)
4. 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:
4.1 Approve Council Minutes: March 5, and 12, 1990
4.2 Receive and File:
a. Council Calendar
b. Report on Financial Reports - Franchised Garbage Haulers
4.3 Authorize Park Improvement Certificates of Participation-
Resolution No. 90-_j V
4.4 Appoint Alternate Representative to CDBG Policy Advisory Board-
Resolution No. 90-Iq
5. PUBLIC HEARING - SUPPT TAL BUDGE'T'
A public hearing on the approved Supplemental Budget for the City of
Tigard for the 1989/90 Fiscal Year.
o Public Hearing Opened
o Declarations or Challenges
o Summation by Finance Director
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Finance Director
o Council Questions or Comments
o Public Hearing Closed
~y o Consideration by Council TQS civ fl
COUNCIL AGENDA - APRIL 9, 1990 - PAGE 1
s
6. RECEIVE AND CONSIDER PRELIMINARY SLMmI I FUR COMPREHENSIVE PLAN
PERIODIC REVIEW
o Cmmmity Development Staff
7. NON AGENDA ITEMS: Fran Council and Staff
8. E MCUTIVE SESSION: the Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor relations, real property transactions, current and
Pending litigation issues.
9. ADJOURNMENT
cca49
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COUNCIL AGENDA - APRIL 9, 1990 - PAGE 2
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T I G A R D C I T Y C O U N C I L
MEETING MINUTES - APRIL 9, 1990 - 5:30 PM
1. ROLL CALL: Present: Council President Valerie Johnson;
Councilors Carolyn Eadon, Joe Kasten, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; Wayne
Lowry, Finance Director; Tim Ramis, City Attorney; Catherine
Wheatley, City Recorder; and Randy Wooley, City Engineer.
2. STUDY SESSION
Water Authority Discussion
Jesse Lowman of the Metzger Water District and Gene Seibel of
the Wolf Creek Water District advised Council of the
importance of ultimately establishing a County-wide water
resource management authority. Advantages, according to their
research, would include identification of future water sources
and cost savings realized through consolidation of resources.
The first year's savings were projected to be $327,000 due to
consolidation of Metzger and Wolf Creek.
Presently, there were 26 separate agencies dealing with water
issues in the County. Consolidation would ease the
bureaucratic dilemma faced by citizens, according to Mr.
Seibel.
With pooling of resources, option exploration would become
more feasible. For example, Mr. Seibel advised that reuse of
water for irrigation would only be possible through a joint
effort between agencies.
State law governs the structure of water authorities. The
administrative authority would come from a seven-member board
elected by district. Structuring the authority would become
difficult if jurisdictions were allowed to phase-in over time
because of representation-by-district provisions.
In order to form the authority, all cities within the proposed
jurisdiction must be in favor; however, being in favor would
not necessarily require that they join. The Boundary
Commission would conduct a hearing on the application, then
the Washington County Board of Commissioners would review and
recommend a structure for the authority. A final hearing
would be held by the Boundary Commission. After all of this
process it would be possible that the issue could be referred
to the voters if a certain percentage of remonstrances were
filed in opposition.
CITY COUNCIL MEETING MINUTES - APRIL 9, 1990 - PAGE 1
Council discussion followed. Of concern was the fact that
citizens look to local government for service provision; yet,
the trend appears to be for regional service providers.
Examples included water, sewer, libraries (through increased
regional funding), and regional park systems.
Council, in the near future, will be asked to consider a
resolution of support for the water authority.
Park Land - Bond Park Residents
Residents of the Bond Park neighborhood requested Council
consideration of the formation of a Local Improvement District
(LID) to fund establishment of a neighborhood park (3.96
acres). A petition had been circulated and signed by
representatives of 105 households. The neighbors had
considered formation of a homeowners' association, but felt
that the liability and maintenance costs represented
obstacles.
Jeff Hepler of the Tigard Park Board was present and advised
Council the Park Board voted unanimously in support of the
residents' request.
Council discussed with the neighbors concerns over liability
and maintenance. It was noted Council direction had been to
get away from neighborhood parks and concentrate on
improvements to City-wide parks. Small parks were hard to
patrol especially those parks tucked in neighborhoods with
no vehicular access.
After lengthy discussion, council consensus was to request the
residents readdress the possibility of the formation of a
homeowners' association while staff works on data for LID
formation and cost impacts. Councilor Kasten advised of a
neighborhood park in the Washington Square Estates which was
successfully administered by a homeowners' association. He
shared information with the Bond Park residents on who to
contact for further information.
Council meeting recessed: 7:02 p.m.
Council meeting reconvened: 7:107 p.m.
Agenda Review
Pat Clancy, the City's bond counsel, was present with Finance
Director Wayne Lowry to answer questions on Consent Agenda
Item .3, which would authorize Park Improvement Certificates
of Participation.
CITY COUNCIL MEETING MINUTES - APRIL 9, 1990 - PAGE 2
Approval of the proposed resolution would allow the City to
borrow funds in anticipation of future park levy proceeds and,
thus, permit the City to begin work on the improvements this
year. The interest costs associated with the certificate
proceeds approximates the cost of inflation which would be
incurred if the improvements were made as levy funds were
available. If approved, the certificate proceeds would be
available May 10, 1990. If not approved, no funds would be
available for improvements until levy proceeds were realized
in November 1990.
Half-Street Policy on Streets Where the Transportation Safety
Bond Would Fully Improve the Streets
City Engineer advised that, under current Council policy,
developers were not required to pay for half-street
improvements on those streets scheduled to be fully improved
with Transportation Safety Bond funds. He advised a similar
circumstance has arisen with streets scheduled for
improvements with MSTIP funding (i.e., the remainder of Durham
Road).
After discussion, Council consensus was to extend the policy
to include the MSTIP-funded street improvements with regard
to the usual half-street improvement requirements; that is,
developers would not be required to fund half-street
improvements on streets earmarked for improvement with MSTIP
funds.
3. PROCLAMATIONS:
The following proclamations were endorsed by the Mayor:
a. Earth Day
b. Fair Housing Month
C. Earthquake Preparedness Month
d. Secretaries' Week
4. VISITOR'S AGENDA:
o Gary Ott advised of his concern with regard to the public
hearing process and disclosure of Council/applicant
relationships. He referred specifically to the recent
President's Parkway urban renewal request. He suggested
Council rules be amended to require complete disclosure
and that there be more separation of positions taken
among council.
Mayor and Council responded to Mr. Ott noting that
disclosure, as required by law, had been made during the
urban renewal meeting and hearing process. Each
Councilor discussed the seriousness with which they view
CITY COUNCIL MEETING MINUTES - APRIL 9, 1990 - PAGE 3
their responsibility to disclose business or other
dealings whenever there could be a question.
o Carl Johnson advised of his concern with the Sensitive
Lands Section of the Community Development Code. He
advised that he has property on Fanno Creek, one acre of
which is within the 100-year floodplain. He advised
under the Plan, it appeared that he was expected to
absorb the increasing runoff of all the new developments
upstream. He said this was unfair and requested this
issue be reviewed and addressed during the Comprehensive
Plan periodic review.
Council consensus was that Mr. Johnson be notified of the
hearing process and that his concern be added to those
issues to be considered during periodic review.
5. CONSENT AGENDA:
5.1 Approve Council Minutes: March 5, and 12, 1990
5.2 Receive and File:
a. Council Calendar
b. Report on Financial Reports - Franchised Garbage
Haulers
5.3 Authorize Park Improvement Certificates of Participation
- Resolution No. 90-18
5.4 Appoint Alternate Representative (Duane Roberts) to CDBG
Policy Advisory Board - Resolution No. 90-19
Motion by Councilor Johnson, seconded by Councilor Schwartz,
to approve the Consent Agenda. The motion was adopted by a
unanimous vote of Council present.
6. PUBLIC HEARING - SUPPLEMENTAL BUDGET:
A public hearing on the approved Supplemental Budget for the
City of Tigard for the 1989/90 Fiscal Year.
a. Public Hearing was opened.
b. There were no declarations or challenges.
C. Finance Director summarized: The City of Tigard Budget
Committee met on February 27,1 990, and by a unanimous
vote of members present approved a supplemental budget
for 1989/90. The Supplemental budget, as approved by the
Committee, was represented by the proposed Resolution
before Council.
d. Public Testimony: None.
e. Finance Director recommended adoption of the proposed
resolution. -
CITY COUNCIL MEETING MINUTES APRIL 9, 1990 - PAGE 4
All, f. Public Hearing was closed.
g. Consideration by Council:
RESOLUTION NO. 90-20 A RESOLUTION ADOPTING A
SUPPLEMENTAL BUDGET FOR 1989/90 AND MAKING
APPROPRIATIONS.
Motion by Councilor Johnson, seconded by Councilor Eadon,
to approve Resolution No. 90-20.
The motion passed by a unanimous vote of Council present.
7. PRELIMINARY SUBMITTAL FOR COMPREHENSIVE PLAN PERIODIC REVIEW
Community Development Staff reviewed this agenda item with
council. Periodically, the City of Tigard is required to
review its Comprehensive Plan and land use regulations in view
of changes which have occurred since acknowledgement. In
April, the City is required to submit a proposed order to the `
Department of Land Conservation and Development (DLCD). 4.
i
Council discussion followed concerning the minimum DLCD
requirements and also those additional items which the Council i
has identified to be addressed during the periodic-review r
process.
Council consensus was to forward the proposed periodic-review
order to DLCD as the City's response to the periodic review
notice.
8. EXECUTIVE SESSION: The Tigard City Council went into
Executive Session at 8:20 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
9. ADJOURNMENT: 8:40 p.m.
Catherine Wheatley, City lVacorder
ATTEST,. ~z
- /C ex ,,'Gerald R. Edwards, Mayor
Date:
t~ ccm49
\ CITY COUNCIL MEETING MINUTES - APRIL 9, 1990 - PAGE 5
TIMES PUBLISHING COMPANY Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
• City of Tigard ° ❑ Tearsheet Notice
PO Box 23397
° Tigard, Or 97223 • ❑ Duplicate Affidavit
AFFIDAVIT OF PUBLICATION
k ♦ ~
STATE OF OREGON, )as.
COUNTY OF WASHINGTON, )ss. ,7? k= r
r Judith Koehler 'a S'
R .y.~ O:iO
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the I I Clard Times
a newspaper of general circulation as defined in ORS 193.010'''
"k~H
and 193.020; published at Ti~axd in the
aforesaid county and state; that the
non+; no f Stl nl PmPntal Pt, Pi- Heari ncL/2nd notice r r
a printed copy of which is hereto annexed, was published in the ~a~
entire issue of said newspaper for anP successive and
consecutive in the following issues: p} ~~z4
March 29, 1990
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Subscribed and savor to before me thi of March 1990 9
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Notary Public for Oregon rK x' ;
My Commissi Expires: 6/9/93
AFFIDAVIT
i
TIMES PUBLISHING COMPANY Legal _
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
City of Tigard • ❑ Tearsheet Notice
PO Box 23397
e Tigard, Or 97233 RECEWED i 13 Duplicate Affidavit
APR I 11990 •
My OF
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AFFIDAVIT OF PUBLICATION g°d~eggeensitems. publ>shed for` ice'
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Futh mt'srmsttaidcifui[
geadas may be otned,
STATE OF OREGON, corder; 13125 S 1~Vr Fall Boulevard, Tigard, Oregon 97223;
COUNTY OF WASHINGTON, )ss' &34-4171 k ,,n r ,~}z, t z
A ~ z~ #
I, Judith KoPh1Pr tay~~
being first duly sworn, depose and say that I am the Advertising R1JGLIL.AR MEETING' y
Director, or his principal clerk, of the Ti na rri Tittles 9 6 30Jx.MWpRKSgOP;,7 30 p BUSINESS tttt .k
0 TIGARDcC~R
a newspaper of general circulation as defined in ORS 193.01
131255
and 193.020; published at Tigard W HALLBOULEVARD 1TGARD TORE
--in the • $wa J~;eSSlOnreT ~y~YataLy z~wS t,
aforesaid county and state;
Met that the
l? p tzarger t r~~gy~ y
_a
R auldr Meeting of t11P City fnunr;l A utho.q
~Y ,ton Water t x
a printed copy of which is hereto annexed, was published in the
PO rt![IC I~ y#,Y,t x }I s. r- - :.Y^s- ;i
entire issue of said newspaper for one 17CSldCrltts5,11$nnonfor.ParkLat st tri2 fi
successive and • Earth T hr r
consecutive in the following issues: ~ honfor'
t6tc, g on thexi989/9p Fiscal Year Su
.
April 5, 1990 Renew rick ! tiers btntttA[ontheCornptehmmy;
s tea' s . ita :zk 4e z t5~ k (~X"#
Stgn Cede Ezc=non-tar, IandmarkoN for "
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ordinance adopted Mauch',rL~yQ~ 19~i,` ~ ~rtanau'plan~o s .
I ocalont~ tteview B Meetm
Subscribed and sworn o before me this lxectitbbe Sesontieler they --5th day of
199 (0, d n(h) toted ss a relarp ` vts~ons of 0 X92. 1
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~ > t,~dp~,n8~g~&~noir'issuc~` X~~ 1??cP~t3~.. ~ r & Y
Notary Public for Oregon
~i1 11~11TVM is z 'r
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My Commissi xpires: 6/9/93
AFFIDAVIT
TIMES PUBLISHING COMPANYWI_egal
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
City of Tigard Y ❑ Tearsheet Notice
P.O. Box 23397
• Tigard, OR 97223 • ❑ Duplicate Affidavit
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, ass.
1, Judith Koehler
being first duly sworn, depose and say at I arm JbB Advertising
Director, or his principal clerk, of the i~ar 11mes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at_ Tea,-~ in the
aforesaid county and state; that the 61 Notice of Supplemental Bdgt Hearing L
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for '-wo successive and '
consecutive in the following issues:
March 22, 29, 1990 ,
C
Subscribed aDx r to before me this 29 day of March 1990
Notary Public for Oregon
My Commissi res: 6/93
AFFIDAVIT
s
1. -
Now
ING City o[Tiga,4 ntal Budget
sed 1989140 ustmcnts
UPPLEl+~E p'I'BURET xE~ill be held on S sy, PS lir4 Jule of Expenditure Ad!scd Recommended 111 NOTICE OF S City Council center, .13125 1989190 proposed 1989190
e Tigard AdRe Bud e
of at t1le of~ue Civic Agenda, a.p°Lecomm nearing wtll by' Adopted
A 519695
public 996Mating 1:30 p•m' B d e 5 025
April 9, Oregon As p u et fori989190 of cecomnie ental 514,577 2,678,695
'figad, emental"be' A summanOde Supplem 2;652,678 220 257,578
o oL ob- Library 615,839
Boutevar discuss' supple f Comd!ittce, A 00p1
be hid to and BUdg resented below ittee may be'nspecl'd C the Police 255,578 25,000 339,083
the City.of Tig 590,839 28275
ea ddress 310,108 12 597,840
Su pear as apPov dg by T' Bard City llalt~at the abov streets
585,840
Budget of ehargandS.OO ' in PL SUMMARY Planning 98,417
tai 00 a n►. City-Wide Suppo Adjusur►ents
hours of 8. FIl`1 rating budget gOQ
City of Tiglemental Budget Total PROVEMr_9 105000 t~;878
1989190 SupP d ustments R~mmended CAPITAL 299,8011 103,87$ 47;532
of Revenue A J proposed 1989190 General T20
11252 7,427
Schedule o 1989.90 Revenue State Gas Tax 36,18 0 7,427. 690.811
e
Adopted pd - usuncnt Bud county Gas Tax 80 891 2,19
Bum S7,3 4Q;5 County Road Levy 609,920 64 8lg 486
0 66 is SDC 421,400 , 293$51
5 983, ,600 11',25 1 ,10
und $2; 9400;5700 42,333 852,000 S wer 276 I 7
lF
110000 230,000 Storm Dra'i
Gem improvements
Taxes 0 Zt
14200Q (32,000) 1,073,055 park l evY
cr Agencies 235000 074,300) 143,300 Total Capital Adjustments 1,231; °h1
barges 12472 14,1W 56,250 308,100 ESERVES 58 364
Fees & C 128, 1 &4_5 CONTINGENCY1 ` 1,179,991 4 ' 2 S,u+B
Fines 10,000 -
FranehiseFees 251,850 214 General Fund 412
Ilse of Money & 146911 7 512 Parks SDC .rve Adj. :292,447
Other 'evenue $231,66 57,58 , Tota<ContingencylE
Fund Balance $1,355,648 Total Proper Expenditure Adj.
Total General Fund $102,303 1990
,300 $ 12~ ~ at 159,701 publish March 22 & 29, .
5 911 8,127 23,121 TC10752-
Ali OtbcrFunds 11091
e Gas Tax 15,000 g0 891 14054%
Co 'Tax 133,000 (4,452) 1,627115 Gas CountyRooadLevy 145,500 x,$05 ,
County 928,2?1
Streets SDC 1, 90683580 18 69t 1,323,859
SDC 6,117,515
pats. Fund 1,323,959 Q 4,390,000
SNver FundFund 6,111,515 0 ?,g70,b5b
GIO17ebtS b SeicviccFund 4,390,000 0 6011
its 7,870,6 1017
Bancro . ement.,CIP
Local lmp vimd 5000 17
Road Bon Fund` _ 17 47 $33,780,635
parkLevYlmprovement 531,488,188 522924`
Fund :
Total- A11funds
woo
TIMES PUBLISHING COMPANY ' Legal
P.O. BOX 370 PHONE (503) 664.0360 Notice
BEAVERTON. OREGON 97075
( Legal Notice Advertising
\ r City of Tigard • O Tearsheet Notice
0 PO Box 23397 • 13 Duplicate Affidavit
Tigard, Or 97223
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss. sad
1, yrf3 ni rol'
being first duly sworn, depose and say that 1 am the Advertising eonor
Director, or his principal clerk, of the Tim T XaeS Qnc rr ~ycd
a newspaper of general circulation as defined in ORS 193.010 n i
and 193.020; published at T~3a" d in the lot X r. ,r<<
aforesaid county and state; that the
P1lh1i,-- Hearin--Z-igarrl Land Ilse & comp Plan
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for-;,e- successive and
consecutive in the following issues:
Subscribed anpswo to bef ore me this ~d~o 1990
Notary Public for Oregon
My Commissio es: 6/9/93
AFFIDAVIT
PUBLIC HEARING'
Tlie'following will tie considered by.the Tigard Crty.Councrl on Apnl:9,
1990,6t 7:30 P,M at Tigaw Civic,Center,Town Ha11;Room,13125,9W
Ili ll Boulevard, Tfgaid, Oregon Further mformad6iI maylbexabtWneci .
fiSoin'theorftmunat~~. Develo ment,Director o; Crty,Recorderat file same
ldcariorr ar i4y~siling 6391~R1' `Yo'are ir~vrtNd tgsubmrt wnficert test zi,',
tim'o am advatlce:oBth'e public heahng,FvVcatten`and ~testo~nonq w t~ :
be coriSrdered at the. heanrtgg..The pubirc bearing writ lie cond6cted in
cordanceuwith the applicable Chapter -18.32 bf the Tigard Municipal s
and any, rules of procedure adopted by the Council and mailable at City ;
Hail:
PERIODIC REYlE_C9F TIGAR&S COPREHENSIVE PLAN AND
LAND USB REDUWLATIONS F
This -0161,11- wnsidesration of findings on issue iirchange raised by i.
the Departrticitt o.Land`consevation and.}De'velopntetit and itlte~rsplus
descnoitihi of'necded Comprehensive Plan Amendmentsand code chart
ges. This review,is required regularly for`th"" urpose of keeprn& the Com y
prehensrve pegula
Ptan' and land nse tions in comp a wi@i statewide j 1
, planning goalsd "state agency plans:a~ 1iirgInsrder:aendmerits
to tie pprre~visions 8f K iie~Plairaild Ciinuiuty Depelap
meni Cade will be held sit a f~L. x s a Y' r
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69 Pnblisb
AGENDA LTEM M 3 VISI:TOR'S-',AGENDA DATE:. 4/9/90.:,. .
(Limite' to''2'minutes'or less,"please)
r
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 f
first try to resolve your concerns through staff. Please contact the 'City
Administrator prior to the start of the meeting. Thank you. I.
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NAME & ADDRESS TOPIC STAFF CONTACTED ?
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DATE April 9, 1990
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
AGENDA ITEM NO. 5 - PUBLIC
Item Description:
z HEARING - SUPPLEMENTAL BUDGET
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PROCLAMATION
EARTH DAY 1990
WHEREAS, Twenty years ago, more than twenty million Americans joined
together on Earth Day in a demonstration of concern for the environment,
and their collective action resulted in the passage of new laws to protect our
. ` air, water, and land;
WHEREAS, Earth Day 1990 is a national and international call to action for
all citizens to join in a global effort to protect the planet; ty%%`3(s
WHEREAS, Earth Day 1990 activities and events will educate all citizens on
actions individuals can take that are environmentally sensitive such as f~'%,'•s>;.``:.;:
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2 recycling, conserving energy and water, using efficient transportation, and` `
adopting more ecologically sound lifestyles;?,;
j NOW THEREFORE I Gerald R. Edwards by virtue of the authority vested
in me as Mayor of the City of Tigard, Oregon, hereby proclaim April 22,
1990, Earth Day in Tigard and that that day be set aside for public activities
` promoting preservation of the environment.
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Mayor, City of Tigard
j ATTEST:
City Recorder, City of Tigard
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PROCLAMATION
r ` WHEREAS, Housing discrimination occurs when one is prevented from living
in a house or apartment of his/her choice due to race, color, religion,
national origin, sex, familial status, marital status, or physical or mental
handicap; and
WHEREAS, Under either federal fair housing laws or Oregon civil rights
statutes these forms of discrimination are illegal; and
WHEREAS, Our state legislature recently amended state laws to be
equivalent to federal fair housing laws; and month the~Fede ah Civil Rights Actpril marks the 22nd anniversary of Title VIII of . .
~ NOW, THEREFORE, I, Gerald R. Edwards, Mayor of the City of Tigard, '
hereby proclaim April 1990, as fair housing month in Tigard, and encourage
all citizens to join in this observance and further urge that they take increased
notice of the housing conditions in their communities and join in this report •:r.,>:.~-
to promote equal opportunities in housing for all. E' • =
s Mayor, City of Tigard
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~r ATTEST:
City Recorder, City of Tigard
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PROCLAMATION
WHEREAS, the October 17, 1989 Loma Prieta Earthquake in t
California killed 61 persons, injured over 3,000, destroyed 1,100 public and {
private buildings and damaged over 100,000 public and private buildings,
creating a loss of over $5.6 billion; and
WHEREAS, the advanced preparedness measures taken by
both government and the private sector significantly reduced the impact of
the earthquake; and
WHEREAS, recent scientific research indicates that Western
Oregon, including Washington county is a high risk area for major
earthquakes, and further, that Washington County is especially vulnerable to
the destructive effects of a major earthquake; and
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WHEREAS, the American Red Cross Disaster Services is 4
promoting April, 1990 as Earthquake Preparedness Month; and>
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WHEREAS, the American Red Cross Disaster Services and the
Washington County Office of Emergency Management have earthquake
preparedness materials and presentations available; and
WHEREAS, the promotion of earthquake preparedness
activities can significantly reduce the impact of a major earthquake;
NOW, THEREFORE, BE IT RESOLVED, that the City of
Tigard does hereby proclaim April, 1990 as
EARTHQUAKE PREPAREDNESS MONTH
and encourages its citizens to participate in earthquake
preparedness activities and to become informed about earthquake
preparedness issues.
DATED this 9th day of April, 1990.
Mayor
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City Recorder
`C PROCLAMATION
~i WHEREAS, individuals who are skilled in the clerical field are a tremendous
asset to all types of businesses by providing key support to others in
C - organizations;
` WHEREAS, to encourage and promote interest in the clerical field as a
career for highly skilled professionals;
WHEREAS, to recognize the important contributions clerical people make to
businesses;
NOW, THEREFORE, I Gerald R. Edwards, by virtue of the authority vested
in me as Mayor of the City of Tigard, Oregon, hereby proclaim April 22 - 27,
1990, as National Secretaries Week and encourage all citizens join in this J
observance by recognizing contributions made by clerical workers to
businesses.
Mayor, City of Tigard
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ATTEST:
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City Recorder, City of Tigard r
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CARL H. JOHNSON 44 '1 t '
8965 S.W. Burnham Street
Tigard, Oregon 97223 17 Mar. 1990 is
(503) 684-5263
Tigard Planning Commission Re: Public Hearing 3/20/90
13125 S. W. Hall Blvd. Periodic Review
Tigard, Oregon 97223 Comprehensive Plan
Land Use &egulations
There is an inherent unfairness in the Sensitive Lands Section of the
Tigard Community Development Code and Comprehensive Plan that needs
correction. Let as illustrate.
My property on Fanno Crack is, except for one small parcel, the last
one south in the city. It is not wetland. It has one sere within
the 100 year flood plain. Under the Plan and Regulations it appears
I am expected to absorb the increasing runoff of all the now develop-
meiats upstream.
To my personal knowledge dating back to 1947 areas bordering Fanno i
Creek and on tributaries have been filled to bring them above flood
levels. Note the flat A-Boy yard, the Puget Co. yard on Bonita Read
and the creek sides of various lots between Bonita and Durham Roads.
This filling makes sense. It is totally wrong to expect property
owners of the lower Fanno Creek area--Main Street to Durham City to
absorb- hold the exeess water caused by developments of Beaverton,
Tigard and Lake Oswego.
To correct this unjustice and some others the comprehensive Plan
and Land Use Regulations need revision. Owners should be allowed t
to protect their properties from high waters. Isn't that what is
done along the Mississippi River fill and dike; and the City
of Tualatin having required 4 to 5 foot fill downtown?
In my ease there is a bridge on Durham Road abutting the property.
I should in fairness be allowed to fill at least up to the road
level. This would still allow the maximum flow that can go under t
the bridge to pass downstream.
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Also, in this context, requiring the donatior of land to the city
is clearly unlawful. I refer you to the Nollan decision of the
U. S. Supreme Court.
Further elaborations on these and other related parts of the Plan
and Regulations dealing with land alteration, land donation, land
subdivision, eta. will have to await the public hearing and if I
cannot be present I request to be allowed to mail them in later. ~
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Respectfully submitted,
Carl H. Jo son
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MEMORANDUM
CITY OF TIGARD, ORDGON
TO: Honorable Mayor and City Council April 2, 1990
FROM: Patrick J. Reilly, City Administrator
SUBJECT: C MCIL CAIOMAR, April - June 190
Official council meetings are marked with an asterisk If generally OK, we
can proceed and make specific adjustments in the Monthly Council Calendars.
April '90
* 9 Mon Council Business Agenda (5:30/7:30)
*16 Mon Council Study Agenda (6:30) (Workshop Meetings with Richard
Devlin of METRO and Mary Tobias of TVEDC)
18 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*23 Mon Council Business Agenda (6:30/7:30)
24 Tue Volunteer Dinner (6:00 - Tigard High School Cafeteria)
*30 Mon Council Business Agenda (6:30/7:30)
z
May '90 i
1 Tue Budget committee (7:00)
8 Tue Budget Committee (7:00)
*14 Mon Council Business Agenda (6:30/7:30)
15 Tue Budget Committee (7:00)
16 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*21 Mon Council Study Agenda (6:30)
22 Tue Budget Committee (7:00) - [If needed]
28 Mon Memorial Day - City Offices Closed
June '90
*11 Mon Council Business Agenda (6:30/7:30)
*18 Mon Council Study Agenda (6:30)
20 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*25 Mon Council Business Agenda (6:30/7:30)
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Council Calendar - Page 1
MII OVIDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council Respond By
For Your Information
FROM: Wayne Lowry, Finance Director
Al~
DATE: March 21, 1990 -Sign and Return
SUBJECT: Garbage Rates
The Utility and Franchise Committee met Tuesday, March 20, 1990 to review the
F;MMIal Reports submitted by the Franchised Garbage Haulers for the calendar
year, 1989.
An analysis of the Financial Reports indicates an aggregate profit rate of C
10.77% which is well within the 8% to 12. range specified in the rate setting
policy adopted by the City Council.
The Utility and Franchise Committee therefore reccam ends that no adjustment be
made at this time to the rates charged by the Franchised Garbage Haulers within
the City of Tigard.
Metro Dui Fees are scheduled to be increased in the s=ner of 1990. When the
details of such increases became available, the cmmiittee will formulate a
recc=endation for a rate adjustment at that time to pass increased dump fees
along to citizens as allowed by the Tigard Municipal Code.
do/garbrates
CITY OF TIGARD, OREGON 4~
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 9, 1990 DATE SUBMITTED: March 29, 1990
ISSUE/AGENDA TITLE: Authorize Park PREVIOUS ACTION: Study Session
ITwrovement Certificates of n ! Discussion, February 19, 1990
Participation / PREPARED BY: Wayne Lawry, Finance Dir.
DEPT HEAD OK CITY ADMIN OI~~, - REQUESTED BY:
LICY ISSUE
Shall the Tigard City Council authorize the issuance of Certificates of Participation
to finance park improvements identified by the Park Board.
INFORMATION SUMMARY
The citizens of Tigard voted in favor of a five-year park improvement levy of
$350,000 per year for a total of $1,750,000. The Park Board and the City Council have
expressed the desire to borrow funds in anticipation of future park levy proceeds and
begin work on the improvements this year.
In discussions with our financial advisors, Public Financial Management, we have
been advised that borrowing funds through the issuance of Certificates of
Participation is the most advantageous method of borrowing given the fact that the
voters have already approved the Park Levy.
The interest costs associated with the certificate proceeds approximates the cost
of inflation which would be incurred if improvements were made as levy funds were
available.
This method of financing sets up a lease arrangement with the City as the lessee
and a third party escrow agent as Lessor. The City will in affect be making lease
payments to the escrow agent in repayment for the funds borrowed to finance the
improvements.
The resolution which will be available prior to April 9, 1990 approves the lease
agreement and pledges the use of the Park Levy proceeds to make the lease payments and
extends the faith and credit of the City* as security of the repayment. The lease
payments to be made over the five-year period are not considered a debt of the City
under Oregon law because each year's payment is subject to appropriation by the Budget
Committee and the City Council.
The resolution must be approved before this transaction can be cmpleted. If
approved, the certificate proceeds will be available May 10, 1990 and the first lease
payment will be due in December 1990.
ALT P1VffIVES CONSIDERED
1. Approve the issuance of Certificates of Participation.
2. Do not approve.
FISCAL IMPACT
1. Will provide estimated net proceeds of $1,500,000.
2. No funds available for improvements until levy proceeds are realized in November
1990.
SUGGES`T'ED ACTION
Staff recommends approval to issue Certificates of Participation.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 16, 1990 DATE SUBMITTED: March 30. 1990
ISSUE/AGENDA TITLE: Appointing an PREVIOUS ACTION:
Alternate Re resentative to the
CDBG Policy Advisory Board PREPARED BY: Community Development
DEPT HEAD O CITY AD24IN OR REQUESTED BY:
=xxx==c=xmax= xa=xxxxxa======x = x= x=x==xxaa===x=x=x===x==xxncxxx=xa=m=xx==
POLICY ISSUE
Should the City Council update appointing the Alternate to the CDBG Advisory
Board?
v==x====x=x=xa=x==x=x========cx====x=a=xx=xx=x====xxx==x==c==xx==vxx=x=ox=====
INFORMATION SUMMARY
Elizabeth Newton is currently listed as the alternate to the CDBG Advisory
Board. Since she is no longer in the Planning Division, and Duane Roberts has
been acting in that capacity since Liz's transfer to Administration, a
resolution changing the alternate has been written.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution appointing Duane Roberts as the Alternate
to the CDBG Block Grant Policy Advisory Board.
2. Take no action.
FISCAL IMPACT
There is no fiscal impact.
SUGGESTED ACTION
Approve the attached resolution appointing Duane Roberts as the Alternate to
the CDBG Block Grant Policy Advisory Board.
br/CDBG
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C CITY OF TIGARD, OR]MON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 9,, 1990 DATE SUavaMM: March 29, 1990
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
1989190 lemental Budget i' Budget Adoption 6/26/89
11141 PREPARED BY: Wayne Lawry, Fin. Dir.
DEPT HEAD OK CITY ADMIN O J REQUESTED BY: Budget Committee
PO CY ISSUE
ORS 294.480 authorizes the City Council to approve a supplemental budget after
a public hearing by resolution.
INF0109,TION SUMMARY
The City of Tigard Budget committee met on February 27, 1990, and by a
unanimous vote of members present approved a supplemental budget for 1989/90.
The Supplemental Budget, as approved by the Cmmu ttee, is represented in the
attached resolution. No changes to the Committee's recommendation are being
proposed.
ALTERNATIVES CONSIDERED
1. Approve Supplemental Budget as recommended by the Budget Committee.
2. Amend and approve.
FISCAL IMPACT
Adjusts revenue estimates and appropriations in most funds.
SUGGESTED ACTION
Approve resolution.
City Of Tigard
Proposed Supplemental Budget
For Fiscal Year 1989/90
Page
Schedule of Revenue & Fund Balance Ajustments 1
Schedule of Operating Budget Adjustments 2
Schedule of Capital & Contingency Adjustments 3
Footnotes to Schedules 4
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City Of Tigard
Proposed 1989/90 Supplemental Budget
Schedule of Revenue & Fund Balance Adjustments
1989-90 Fund Proposed Total 1989-90
Adopted Balance Revenue Revenue Revised
Budget Adjustment Adjustment Adjustment Budget
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General Fund
Taxes $2,340,566 $0 $0 $2,340,566
Other Agencies 940,700 42,333 42,333 983,033 Note 1
Fees & Charges 742,000 110,000 110,000 852,000 Note 2
Fines 235,000 (32,000) (32,000) 203,000 Note 3
Franchise Fees 1,247,355 (174,300) (174,300) 1,073,055 Note 4
Use Of Money & Prop 128,600 14,700 14,700 143,300
Other Revenue 251,850 56,250 56,250 308,100 Note 11,13
Fund Balance 1,469,777 214,681 0 214,681 1,684,458 Note 5
Total General Fund $7,355,848 $214,681 $16,983 $231,664 $7,587,512
All Other Funds Note 6
State Gas Tax $917,300 $105,003 $20,000 $125,003 $1,042,303
inty Gas Tax 144,500 (4,799) 20,000 15,201 159,701
anty Road Levy 15,000 6,127 2,000 8,127 23,127
Streets SDC 733,000 80,891 0 80,891 813,891
Parks SDC 145,500 (4,952) 0 (4,952) 140,548 i
Sewer Fund 1,560,370 11,805 55,000 66,805 1,627,175
Storm Drain Fund 909,580 1,691 17,000 18,691 928,271
G/O Debt Service Fund 1,323,859 0 0 0 1,323,859
Bancroft Debt Serice Fund 6,117,575 0 0 0 6,117,575
Local Improvement CIP 4,390,000 0 0 0 4,390,000
Road Bond Fund 7,870,656 0 0 0 7,870,656
Forfeiture Fund 51000 417 600 1,017 6,017
Park Levy Improvement Fund 0 0 1,750,000 1,750,000 1,750,000 Note 7 4
Total - All Funds $31,488,188 $410,864 $1,881,583 $2,292,447 $33,780,635 t
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City Of Tigard
Proposed 1989/90 Supplemental Budget
Schedule of Proposed Expenditure Adjustments
Proposed
Adjustment
Library
Rental Books 2,000
Gifts 3,025
Police
Workers Compensation 25,000 Note 8
Seizures 1,017
Parks
Rental Property Repairs 2,000
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Streets
Workers Compensation 25,000 Note 8
Planning
Grant - Wetlands Inventory 3,125
Grant - Economic Development Analysis 250 rt
Presidents Parkway Urban Renewal Consultants 25,000 Note 11 ;
General Government E
Election Costs 12,000 Note 9 `
Position Transfers Note 12
From City Recorder 1230
To City Administration 3200
From City Administration 3200
To Police Administration 1110
From CD Administration 2010
To Field Operations Administration 2110
Total Operating Budget Adjustments 98,417
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City Of Tigard I
Proposed 1989/90 Supplemental Budget E
Schedule of Proposed Expenditure Adjustments l{
(continued)
Capital Projects
General
Remodel Senior Center 105,000 Note 10
Civic Center Improvements , 16,250 Note 13
State Gas Tax 103,878
County Gas Tax 11,352
County Road Levy 7,427
Streets SDC 80,891
Sewer 64,819
Storm Drain 17,251
Park Levy Improvements 1,750,000 Note 7
Total Capital Adjustments 2,156,868
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Contingency/Reserves
General Fund Operating 0
General Fund Reserve 42,114
Parks SDC (4,952)
Total Contingency/Reserves 37,162
Total Expenditure Adjustments 2,292,447
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NOTES TO 1989/90 SUPPLEMENTAL BUDGET
1. Adjustments to Revenue from other agencies includes the following:
Senior Center Block Grant - $21,213 - The 1989/90 Budget anticipated the
receipt of $65,000 of the Block Grant assuming that part of the Grant would
be received in the previous year. However, due to the rejection of the bid
for construction last year, no grant funds were received. This adjustment
anticipates that the entire amount of the Grant will be received this year.
ODOT Bike Path Grant - $12,400 - Work on the Bike Path Project was
substantially completed last year. However, the remaining portion of the
Grant Funds were not received until this year.
LCDC Planning Grant - $8,720 - This grant was awarded this year and was not
anticipated in the Budget. The funds will be used to partially fund the
Wetland Inventory, Economic Development Analysis, and other planning
projects.
2. Requests for building permits, plan checks, and engineering permits have
been greater than anticipated due to continued strength in the demand for
commercial and residential construction.
3. The level of traffic citation activity has been lower than anticipated in
the Adopted Budget. The Budget anticipated 500 citations per month while
the average has been about 390 per month.
4. Agreements to raise franchise fees to 5% as anticipated in the Adopted
Budget, have not been obtained. Current revenue is being realized under the
current franchise rates. The Budget Committee will participate in a
workshop to discuss several financial alternatives for future funding which
will include a discussion of franchise fees.
5. The Beginning General Fund balance increase of $214,681 is primarily a
result of under expenditures in Community Services, Community Development,
and the delay in the Senior Center remodel.
6. Most other funds changes to Beginning Fund Balance related to differences
between estimated and actual capital project expenditures through June 30,
1989.
7. This new Capital Projects Fund will be used to record Expenditures of Park
Levy proceeds or the proceeds of Certificates of Participation borrowing for
park land acquisition and improvements. The $1,750,000 Revenue Estimate
assumes that the City will borrow the entire amount in the Spring of 1990,
and begin park improvement work this fiscal year.
8. The City's worker's compensation loss experience for 1988/89 was greater
than anticipated. As a result, the insurance carrier held out reserves for
several larger claims, which until that time, the City had expected to be
refunded. These appropriations are necessary in order to expend the funds
this fiscal year for lost reserves due to claims that occurred in the
previous year.
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9. The election costs for the September and November, 1989, elections were
greater than expected. Also included in this appropriation adjustment are f'
estimated election costs for a possible Urban Renewal measure in May.
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10. Given the fact that the latest Senior Center remodel bid was greater than
anticipated, the appropriation for the Senior Center is being increased by
$105,000 to a total of $305,000. The City Council will still have the
authority to accept or reject new bids expected to be received in the
Spring.
11. The City Council has authorized staff to retain consultants to review the
Urban Renewal proposal submitted by Trammell Crow for improvements to the
Lincoln Center area. An agreement will be entered into which will require !
the City to be reimbursed for not only the costs of such consultants, but s
also for staff time related to the proposal. The estimate of $25,000 is
offset by a revenue estimate of the same amount included in the General Fund }
"Other Revenue" category.
12. Under the FIE cap set by the Budget Committee, several staff transfers have
occurred. The impact on the operating Budget is negligible. `
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13. Litigation over the design and construction of the Civic Center has been
settled in the City's favor. The City received $16,250 from the defendant's'
insurance company. These funds are in reality "Bond Proceeds" and should be
spent for the purpose set forth in the original bond sale. $16,250 is
included in the "Other Revenue" adjustment, and the same amount is being
appropriated for civic center improvements.
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CITY OF TIGARD
k BUDGET' CCMMITrEE
Minutes of Meeting
February 20 and 27, 1990
February 20, 1990 - 7:00 p.m.
Members Present: Judy Christensen, Floyd Bergmann, Carolyn Eadon, Gerry
Edwards and John Schwartz.
Staff Present: Pat Reilly, City Administrator and Wayne Lowry, Finance
Director.
John Dethman from Cooper's and Lybrand presented the 1988/89 Comprehensive
Annual Financial Report. The meeting was continued to February 27, 1990 at
7:00 p.m. No other items on the agenda were discussed due to the lack of a
quorum.
February 27, 1990 - 7:05 p.m.
Members Present: Judy Christensen, Floyd Bergman, Gerry Edwards, Valerie
Johnson, Joe Kasten, Bill Scheiderich, and John Schwartz.
Staff Present: Pat Reilly, City Administrator and Wayne Lowry, Finance
Director.
Pat explained what had been discussed at the meeting of February 20, 1990.
Wayne then gave the committee an overview of revenues and expenditures through
January, 1990. Also presented was a balance sheet through the same period.
Wayne then presented the proposed supplemental Budget. The Committee discussed
the proposal and amended it to delete general capital improvements for the
Civic Center of $16,250.
There was a lengthy discussion of the Senior Center Improvement.
Floyd made a motion to approve the Supplemental Budget for 1989/90 as amended
by the Committee.
Johns Schwartz seconded the motion. The vote was unanimous of all those
present.
The Committee then began to discuss the five year projections of revenues and
expenditures and the alternatives for financing general fund operations for the
next five year period.
Wayne reviewed a variety of graphs and charts and explained some of the
assumptions and rational underlying the projections.
The projections indicated a shortfall in general fund revenue of an estimated
$7,000,000 over the five year period. Alternative funding was discussed
including a tax base increase and an increase in franchise fees.
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Budget C=ni ttee Minutes
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Pat indicated that several items have not been included in this analysis such
as library expanded hours and public facility expansions for operations,
library, and the civic center.
Another meeting will be set with the Budget Committee to discuss public
facilities on April 3, 1990. R
The meeting was adjourned at 8:45 P.M.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 9, 1990 DATE SUBMITTED: March 28, 1990
ISSUE/AGENDA ITLE: Periodic Review PREVIOUS ACTION:
i PREPARED BY: John Acker
DEPT HEAD O CITY ADMIN OR/ REQUESTED BY:
POLI Y ISSUE
There are various policy issues that will need to be addressed when adopting
amendments to the comprehensive plan and community development code. This
proposed periodic review order contains the findings which identify those
needed changes.
INFORMATION SUMMARY
Periodically, the City of Tigard is required to review its comprehensive plan
and land use regulations in view of changes that have occurred since
acknowledgement. For periodic review, the City's comprehensive plan is reviewed
against four periodic review factors: 1) There has been a substantial change
in circumstances upon which comprehensive plan or land use amendments were
based so that they no longer comply with the goals; 2) Acknowledged provisions
of the comprehensive plan or land use regulations do not comply with goals
because of goals or rules subsequently adopted; 3) The comprehensive plan or
land use regulations are inconsistent with a state agency plan or program
relating to land use that was not in effect at the time of acknowledgment; 4)
The City has not performed additional planning that was agreed upon at the time
of acknowledgement.
Tigard received its periodic review notice in May of 1989. The City requested
and was granted an extension of its proposed order submittal date until April
30, 1990. In April the City is required to submit a proposed order to the
Department of Land Conservation and Development (DLCD). The proposed order
consists of findings addressing the four periodic review factors and a
description of any necessary plan and land use regulation amendments.
At a March 20, 1990 meeting, the Tigard Planning Commission unanimously voted
to recommend to the City Council that they forward this proposed periodic
review order to DLCD. A City Council hearing is tentatively scheduled for
August 27, 1990, to adopt the final periodic review order and necessary
amendments. During the period between the proposed order submittal and the
final hearing the City will finalize amendments with appropriate public
involvement.
ALTERNATIVES CONSIDERED
NONE
FISCAL IMPACT
NONE
SUGGESTED ACTION
Staff recommends that the City Council forward the proposed periodic review
order to DLCD as the City's response to the periodic review notice.
SUMMARY OF TENTATIVE PERIODIC REVIEW CHANGES
Planning staff has reviewed the comprehensive plan, community development code
and a variety of documents and data from other agencies. The review is based
on items and issues identified in the periodic review order issued by DLCD.
Comprehensive plan and community development code changes have been identified
and proposed revisions are currently being developed.
Specific items of periodic review significance that require more extensive work
include:
Mobile Home Definition - The definition that the City currently uses is
neither consistent with state statutes nor acceptable for regulatory
purposes.
Standards and definitions of Residential Homes, Residential Care Facilities,
and Family Day Care Providers - These definitions need to be clarified and
consistent with state statutes.
Solar Access - The City is required to conduct a public hearing to consider
adoption of a solar access ordinance.
Goal 5 Open Spaces/Natural Resources - The City has conducted a thorough
inventory and assessment of wetlands within the City. Based upon this work,
inventory information and wetland regulatory standards will need revisions.
Goal 9 Commercial and Industrial Economic Development Rule - This new rule
requires the City to conduct an extensive economic development analysis and
assess the supply of land relative to development potential. There will be
revisions and policy issues to be considered as a result of this work.
Goal it Public Facilities Plan - This rule requires that the City develop a
plan for the following public facilities: water, sanitary sewer, storm sewer
and transportation. Public facilities should be adequate to accommodate the
projected growth. The facilities plan will be incorporated as an attachment
to the comprehensive plan.
CITY OF TIGARD
PROPOS•m PERIODIC REVIEW ORDER
INTRODUCTION
The State of Oregon, under ORS 197.640, requires the City of Tigard to review
its Comprehensive Plan and land use regulations periodically and make changes
necessary to keep the plan and regulations in compliance with statewide
planning goals and coordinated with plans and programs of state agencies. To
accomplish this, Tigard must adopt findings in the form of a local review order
that responds to four periodic review factors. This proposed local review order
provides tentative findings and recommends tentative amendments to the City of
Tigard's Comprehensive Plan and Community Development Code in order to satisfy
the periodic review requirements of ORS 197.640 and OAR 660, Division 19,
"Periodic Review".
BACKGROUND INFORMATION
The City of Tigard Comprehensive Plan and Community Development Code were
adopted by Ordinance 83-52 on November 9, 1983. The Plan and Code were
subsequently acknowledged by the Land Conservation and Development Commission
(LCDC) as being in compliance with statewide planning goals on October 11,
1984.
Tigard's comprehensive Plan and Community Development Code can be open for
amendment twice yearly in April and October. Since acknowledgement, the City
has adopted several amendments. All adopted plan and code amendments have been
submitted to the Department of Land Conservation and Development (DLCD) as
required under OAR 660-18-040 and the City assumes that all amendments are in
compliance with statewide planning goals.
The City of Tigard began its periodic review upon receipt of the Periodic
Review Notice on May 4, 1989. In October, 1989, the City requested an extension
to the periodic review proposed order submittal date. DLCD granted an extension
to April 30, 1990.
Initial public meetings discussing periodic review were held with Neighborhood
Planning organizations on may 17, 1989, June 7, 1989, June 12, 1989 and June
14, 1989. A workshop with the Tigard City Council and the Planning Commission
was held on February 19, 1990. On March 20, 1990 the Tigard Planning
commission reviewed the proposed periodic review order and recommended that the
City Council forward it to DLCD as the City's response to the periodic review
notice.
There are four factors under OAR 660-19-055 which must be addressed in the
periodic review of Tigard's Comprehensive Plan and Community Development Code.
DLCD has identified several questions under the factors which must be addressed
at a minimum. The City's findings and conclusions on those factors are as
follows.
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FACTOR ORR
SUBSTANTIAL CHANGE IN CIRCUMSTANCES
There has been a substantial change in circumstances, including, but not
limited to, the conditions, findings, or assumptions upon which the
comprehensive plan or land use regulations were based so that the
comprehensive plan or land use regulations do not comply with the goals.
To determine whether the substantial change in circumstances factor does or
does not apply, the City of Tigard's review must contain findings on the
following subfactors.
A. Unanticipated Developments or Events
Major developments or events which have occurred that the acknowledged
plan did not assume or anticipate or major developments or events which
have not occurred that the acknowledged plan did assume or anticipate.
Local periodic review findings must describe any occurrences such as:
the construction of or decision not to build a large project like a
major reservoir, a regional shopping center, a major energy or
transportation facility; a significant change in the local government's
natural resource or economic base; significant unexpected population
growth; significant consecutive decline in population growth rate;
failure or inability to provide public facilities and services in
accordance with the plan, etc.
DLCD has identified two items which must be addressed under this category as
follows.
1. Evaluate the impacts on Tigard's short-term and long-term
development opportunities from the Federal Environmental
Protection Agency (EPA) / State Department of Environmental
Quality (DEQ) requirements to clean up the Tualatin River.
Findings
In December of 1986, the Northwest Environmental Defense Center
filed a suit in the Federal District Court of Oregon against the
Administrator of the EPA to require him to ensure that Total
Maximum Daily Loads of water quality limiting pollutants be
established for the lower Tualatin River as required by Section
303 of the 1972 Clean. Water Act. The EPA has designated the DEQ
as the agency to implement water quality standards on the lower
Tualatin River.
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The DEQ has determined that ammonia and phosphorus are water
quality limiting pollutants in the lower Tualatin River. These
_ pollutants manifest themselves as low oxygen and excessive algae
growth respectively.
The primary source of excess ammonia in the Tualatin River is the
Unified Sewerage Agency's (USA) Rock Creek sewage treatment
facility. The USA is constructing additional facilities that will
reduce the problem in 1989.
Sources of phosphorus are the USA's sewage treatment facilities
that put treated effluent into the river and stormwater runoff
from both urban and rural areas.
The total maximum daily loads for these two pollutants have been
determined by the DEQ. The amounts of allowable discharge are
divided among the groups that contribute to the occurrence of
these substances in the Tualatin River, including the City of
Tigard, the USA, Washington County, and agricultural sources.
The City adopted interim standards for improving water quality
as outlined by DEQ on November 6, 1989 (Ordinance 89-27). The
interim standards were adopted to require on-site practices for
improving the quality of stormwater runoff. These standards will
remain in effect at least until a long term plan is developed and
adopted.
The City is currently cooperating with USA, Washington County and
other Cities within the basin to prepare plans to meet the
loading standards for phosphorus in the lower Tualatin River from
both non-point and point sources.
The Surface Water Management Plan for non-point sources was submitted to
DEQ on March 9, 1990. This plan was submitted on behalf of the USA,
Washington County, and all Cities of Washington County within the
Tualatin basin, including Tigard. The focus of the plan is on proper
maintenance and use of the existing stormwater drainage system,
education of the public concerning practices that will improve the
quality of runoff, and development of a water quality monitoring system.
This plan has not yet been accepted by DEQ.
A draft plan for point source management is scheduled to be submitted to
DEQ in mid-March. This plan will include five alternative systems for
meeting water quality standards. Options that are being considered
include different combinations of maximizing reuse, using natural
systems (ex. wetlands), augmenting summer flow in the river,
transporting effluent out of the basin, and improved treatment. The
final plan will be submitted to DEQ in the summer of 1990 after
extensive public input.
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Conclusion
At this time neither the extent nor types of water treatment
facilities and/or practices needed to bring water standards into
compliance have been determined. Since projects that will be
built in the short term are already in the planning stage the
impact will be insignificant if any. However, in the long term,
the cost of development will likely increase in the Tualatin
River basin.
Any increase in development costs attributable to higher water
quality standards will be common for all within the Tualatin
River Basin, which includes most of Washington County. Impacts on
development will depend on the economics of increased development
costs in the Tualatin Basin due to water quality practices verses
the desirability of the location. Therefore, the long term impact
on development opportunity, if any, cannot be determined at this
time and no revisions to comprehensive plan policies or
development standards are necessary.
2. Evaluate the impacts on the land use plan and implementing measures
from the large-scale annexations, including Washington Square, north
of the city.
Findings
There have been two large-scale annexations into Tigard since the
original acknowledgement of the Comprehensive Plan. The
annexation of 385 acres known as the South Metzger (ZCA 20-86)
was completed in 1987. The 215 acre Northeast Metzger annexation
(2CA 87-05) was completed in early 1988.
The City conducted a study (Urban Services Report for the Metzger
area) that found City of Tigard able to provide an adequate
level of urban services to this area without adversely affecting
the level of service provided to the existing incorporated area.
The residential portion of the annexed area is largely developed.
The commercial portion of the annexed area is also highly
developed with some notable exceptions in the area of Washington
Square. Since annexation, there has been major commercial
development at Lincoln Center and Washington Circle, immediately
north of Washington Square. These developments occurred in areas
that had been planned and zoned for this type of use prior to
annexation. For the developed areas, the level of service has not
been diminished and the newly developed areas have been supplied
with full urban services.
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With the exception of two parcels, the annexed areas were within
Tigard's Area of Interest and were planned for eventual inclusion
within Tigard. Tigard is recognized in the comprehensive plan as
"...the logical provider and/or coordinating agency of urban
level public services and facilities for all lands within the
Tigard Urban Planning Area". Properties in the small area that
was not in Tigard's Area of Interest make a logical boundary and
were included at the owners request. These properties have had no
substantial effect on the plan or implementing measures.
The annexations in Metzger included potential Goal 5 resources
that were identified by Washington County at acknowledgement as
needing further analysis. The Washington County Cultural Resource
inventory included the Jenkins House and the Steele Mercantile
Store which are within the area annexed to Tigard. The City will
include this analysis as part of the periodic review process.
Conclusion
The large-scale annexations were of largely developed property
and were anticipated for inclusion in Tigard by the Urban
Planning Area of Agreement with Washington County. Therefore,
there are no substantial impacts on Tigard's land use plan and
implementing measures and no revisions to comprehensive plan
policies or development standards are necessary.
B. Cumulative Effects
Cumulative effects resulting from plan and land use regulation
amendments and implementation actions on the acknowledged plan's
factual base, map designations, and policies which relate to statewide
goal requirements.
Findings
The City of Tigard has conducted a thorough review of plan and code
amendments since acknowledgement. There have been a number amendments
during that time (exhibit 1). All amendments were granted in
compliance with the acknowledged comprehensive plan and reviewed by
DLCD to be in conformance with state-wide planning goals.
Conclusion
Because all amendments to the comprehensive plan were granted in
accordance with the comprehensive plan and state-wide planning goals
there are no cumulative affects on the plan's factual base, map
designations, and policies relating to statewide goal requirements,
therefore, no further amendments are necessary.
5
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C. Unfulfilled Plan Policies
oversight or a decision by the local government to delay or not carry out
plan policies which relate to a statewide goal requirement. Local periodic
review findings must describe why, for example, policies in the plan
requiring a citizen involvement program evaluation, a revised inventory of
natural hazards, or a date-specific, overall revision of the plan, etc.,
have not been completed.
Findings
The City has conducted a thorough review of its policies that relate
to statewide goal requirements and has determined that there are no
policies that have been delayed or not carried out.
Conclusion
Because there are no policies that have been delayed or not carried
out, this factor does not apply to the City of Tigard.
D. New Information
Incorporation into the plan of new inventory material which relates to
a statewide goal made available to the jurisdiction after
acknowledgement. Local periodic review findings must list what
applicable published state or federal reports have been made available
to the jurisdiction after acknowledgement containing new inventory
material, for example, on ground water availability, air quality, big
game habitat, census information, soil surveys, natural hazards,
etc.,and describe what steps, including any amendments to the plan's
factual base, policies, map designations and land use regulations, have
been taken in response to this information.
Inventories from several state agencies were identified by the DLCD in
Tigard's periodic review notice. No other relevant inventory
information is known to be available. The City has obtained and
reviewed all listed inventories and finds that this information applies
to the plan as follows:
Findings
Oregon Department of Transportation
Highway inventory updates: The six-year Highway Improvement Program,
1989 - 1994, dated August 1988 has been reviewed by the City. All
applicable information from this inventory is contained in the Public
Facilities Plan. The new inventory information will be incorporated
into the comprehensive plan by the adoption of the facilities plan
(GOAL 11).
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Devartment of Environmental Quality -
1. Annual Air Quality Reports - 1988
Tigard is part of the Portland-Vancouver Air Quality Maintenance
Area (AQMA). As such, the City remains in a nonattainment area
for carbon monoxide and ozone. There has, however, been
improvement in these two areas over the past few years. The
Portland-Vancouver AQMA has experienced little change in the
level of particulate emissions over the past several years.
2. Hazardous and Solid Waste Report
The management of solid waste is a regional issue and as such
Tigard's comprehensive plan contains policies that recognize and
support METRO's authority and responsibility to prepare and
implement a solid waste management plan.
The three franchised waste haulers operating within Tigard
provide curb-side pickup of sorted recyclable material as
required by state law.
s.
There are no known hazardous waste sites located within the City
of Tigard.
3. Sensitive Aquifer Map
According to the Sensitive Aquifer Map, portions of Tigard f
overlay a sensitive aquifer. Most of Tigard is served by sanitary
sewers and, with limited exceptions, new developments are
required to connect to a sanitary sewer. Tigard is supplied with
water by the Tigard Water District and the Metzger Water
District. Neither of the water districts serving Tigard extract
water from the aquifer underlying the City. Storm drainage
facilities are required of any new developments and are in place
throughout most of Tigard. Therefore, the City does not use water
from this aquifer nor knowingly contribute to the degradation of
this aquifer.
4. Water Quality Status Assessment Report (1988)
As noted above, most of Tigard is served by sanitary sewer and
all new developments must connect to sewer. With the exception of
USA's Durham Treatment facility which is regulated by DEQ, there
are no known point sources of water pollutants.
Non-point pollutants are addressed as part of the drainage plan
in the Public Facilities Plan. The plan addresses the new water
quality standards in the Tualatin River basin.
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Economic Development Department
The Oregon Economic Development Department has developed information on
state and national trends through the Oregon Economic Trends Project,
1987-1988. This information was analyzed and pertinent portions were
used in the City's economic analysis under the Goal 9 requirement.
Information from the Oregon Economic Trends Project will be
incorporated into the comprehensive plan through the adoption of
changes outlined for GOAL 9.
Portland State University
The population in the City of Tigard is estimated to be 25,510 as of
July 1, 1988 according to the Portland State University, Center for
Population Research and Census. The current population figure will be
incorporated in the updated plan at various places. This population is
not significantly different than the approximately 25,000 that was
forecasted in the Comprehensive Plan in 1983 (Vol I figure IV-3). The
City finds that there is no reason to revise the projections at this
time. Also, since Tigard is generally growing at a rate that was
anticipated, no new goals, policies, or regulations are proposed.
Conclusion
With inclusion of the Public Facilities Plan, amendments from the Goal
9 economic analysis, and current population figures, the comprehensive
plan's factual base will be updated. Because population forecast
estimates are close to the actual 1988 population projections, it is
not necessary to amend comprehensive plan goals or policies.
E. New or Revised Statutes
Consistency of the plan and land use regulations with new or amended
statutes adopted since acknowledgement. Local periodic review findings
must address new statutes adopted since initial acknowledgement and
explain how the plan and land use regulations continue to meet the
statutory requirements.
ORS 197.295 - 197.313 Needed Housing
ORS 197.303 states that "needed housing" also means: "(a) Housing that
includes but is not limited to, attached and detached single-family
housing and multiple family housing for both owner and renter occupancy
and manufactured homes; and (b) Government assisted housing."
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Findings and Conclusion
The City's comprehensive plan provides for needed housing as defined
above in its comprehensive plan as acknowledged in 1984. Single family
attached and manufactured homes are allowed outright in all residential
zones. Single family attached homes are allowed outright in the R-7, R-
12, R-25, and R-40 zones and as a conditional use in the R-4.5 zone.
Multi-family housing is allowed in the R-12, R-25 and R-40 zones.
Therefore, Tigard is in compliance with this statute.
ORS 197.295 (4) Mobile Home Park Definition
A mobile home park is a lot, tract, or parcel with four or more spaces
for rent within 500 feet of one another.
Findings and Conclusion
Tigard's Community Development Code defines a mobile home park in
accordance with the above definition (18.26.030 page 27) therefore the
City is in compliance with this statute.
ORS 197.480 - 197.490 Mobile Home Parks
ORS 197.480 requires that each city and county provide for mobile home
parks as an allowed use on buildable lands within urban growth
boundaries. Sufficient land must be zoned for a density of 6 to 12
units per acre to accommodate need. Need must include consideration of
existing parks which may be displaced because they are located on
industrial, commercial, or high density residential land. Criteria and
standards for the placement and design of mobile home parks must be
clear and objective. A public hearing may be required for approval of a
mobile home park.
Findings and Conclusion
The City has addressed the need for mobile home parks and has provided
for mobile home parks to be permitted outright in the City's medium
density residential zones ( R-7 and R-12) and also in medium-high and
high density zones (R-25 and R-40)
The City has considered existing parks in commercial and industrial
zones in that they are allowed as non-conforming uses and can remain so
as long as the conditions of Chapter 18.132 are met. Also, mobile homes
located in nonconforming parks can be replaced by mobile homes that
meet safety standards as required in Chapter 18.94.
ORS 197.485 states that a jurisdiction may not prohibit placement of a
mobile home, due solely to its age, in a mobile home park in a zone
with a density of 8 to 12 units per acre. Reasonable safety and
inspection requirements may be established for units which do not
conform to the National Manufactured Home Construction and Safety
Standards Act of 1974.
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The City has established clear and objective standards for mobile home
parks and does not prohibit placement of a mobile home solely because
of age (Community Development Code Chapter 18.94.030)
ORS 197.490 states that a mobile home park may not be established on
land within an urban growth boundary which is planned or zoned for
commercial or industrial use. If no other access is available, access
may be approved through a commercial or industrial zone.
The City has addressed the issue of incompatibility of mobile home
parks and commercial and industrial uses by not permitting mobile home
park development within the City's commercial and industrial zones
(Community Development Code Chapters 18.60 through 18.72).
Therefore, the City is in compliance with mobile home parks
requirements as defined by ORS 197.480 to 197.490
ORS 197.732 - Goal Exceptions
ORS 197.732 revised requirements for taking an exception to the goals.
These amended exception requirements have been incorporated into Goal 2
and the Goal 2 rule (OAR 660-04-000)
Findings and Conclusion
The City of Tigard has not taken and will not be taking any exceptions
to statewide planning goals. Therefore, no revisions to the plan or
land use regulations are necessary.
ORS 197.752 - Lands Available for Urban Development
ORS 197.752 (1) states that lands within urban growth boundaries shall
be available for urban development concurrent with the provision of key
urban facilities and services in accordance with locally adopted
development standards.
ORS 197.752 (2) states that, notwithstanding ORS 197.752 (1), lands not
needed for urban uses during the planning period may be designated for
agriculture, forestry of other nonurban uses.
Findings and Conclusion
All lands within the Tigard City Limits as well as that within Tigard's
Urban Planning Area have been designated for urban land uses.
Therefore, The City of Tigard is in compliance with this statute.
ORS 197.767 - Wetland Definition
An area of privately owned land which otherwise satisfies the
definition of a wetland is not defined as a wetland if it was created
by human activity after the date of a jurisdiction's acknowledgement as
part of an approved development project. This exclusion does not apply
to mitigation areas.
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Findings and Conclusion
Tigard's comprehensive plan does not presently define wetlands in
conformance with ORS 197.767. The City will amend its Community
Development Code section 18.26, Definitions, to bring Tigard into
compliance. The amendment will define wetlands consistent with the
Comprehensive Plan definition of wetland contained in the Federal
Manual for Identifying and delineating Jurisdictional Wetlands.
Upon adoption of the proposed comprehensive plan amendments the City
will satisfy this requirement.
ORS 227.175 - Application Fees. Consolidation Procedures, etc.
ORS 227.175 (1) requires that a city "shall establish fees
charged for processing permits at an amount no more than the
actual or average cost of providing that service."
Findings and Conclusion
The City of Tigard has adopted a fee schedule that is based the
actual cost for processing. Therefore, the City of Tigard is in
compliance with this statute.
ORS 197.175 (2) requires that a city establish a consolidated
procedure by which an applicant may apply at one time for all
permits or zone changes needed for a development project. The
procedure is subject to the 120-day time limit set out in ORS
227.178.
Findings and Conclusion
Tigard's Community Development Code section 18.32.100 establishes
a process for consolidating permits for related actions on a
single development. Therefore, the City is in compliance with
this statute.
ORS 197.175 (3)-(4) requires at least one public hearing;
approval based on compliance with the comprehensive plan;
provisions for notice to the applicant and other interested
parties; notice to mobile home park tenants at least 20 but no
more than 40 days before a hearing on a proposed zone change for
the mobile home park they reside within; and approval or denial
of an application for a permit without a hearing if notice and
appeal provisions are provided to those persons who would have
had a right to notice if a hearing had been scheduled or who are
adversely affected by the decision.
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Findings and Conclusion
Although the City now notifies parties 20 days prior to any zone
change, this has not been incorporated into the Community
Development Code as yet. The City will amend the Community
Development Code Section 18.30 to meet this requirement.
Therefore, when the City adopts appropriate amendment the
requirements of this statute will be met.
ORS 227.175 (5) Local Appeal Procedures (also ORS 197.762)
Appeal procedures must require the applicant or appellant to raise any
issue before the governing body with sufficient specificity to allow an
opportunity to respond to and resolve each issue. Certain items of
information must be included in the notice for a land use hearing. At
the hearing, a statement of applicable criteria must be made and that
testimony must address these criteria.
Findings and Conclusion
City of Tigard appeal procedures as identified in the Community
Development Code Chapter 18.32.110 comply with the requirements
stated above. Therefore, the City concludes that it is in compliance
with ORS 227.175 (5).
ORS 227.175 (6) Public Use Airports
Notice of a public hearing on a zone use permit in the vicinity of an
airport must be provided to the owner of the airport.
Findings and Conclusion
There are no public use airports within or near the jurisdiction of the
City of Tigard. Therefore the City concludes that this statute does not
apply.
ORS 227.178 Final Action on Permit or Zone Change Applications within
120 days
ORS 227.178 (1) requires a city to take final action on a
permit or zone change application, including all appeals,
within 120 days of completion of the application.
Findings and Conclusion
Tigard's Community Development Code, Section 18.32.030,
requires final action on permit and zone change
applications within 120 days. Therefore, the City
concludes that it is in compliance with ORS 227.178(1).
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ORS 227.178 (2) specifies procedures for dealing with
incomplete applications.
Findings and Conclusion
Section 18.32.050 outlines procedures for dealing with
incomplete applications in accordance with ORS 227.178
(2). The City therefore concludes that it is in
compliance with this statute.
ORS 227.178 (3) requires the City to review an
application against the standards and criteria
effective at the time the application was submitted
providing that the initial application was or
completion was accomplished in a timely manner.
Findings and Conclusion
Tigard's Community Development Code does not
explicitly state the requirements stated above. The
City will amend its development code to meet the
statutory requirements. Therefore, when amendments are
adopted, the City will be in compliance with this {
statute. i
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ORS 227.178 (4) allows the applicant to request an
extension beyond the 120-day limit. ;l
Findinas and Conclusion p
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Section 18.32.030 allows an applicant to request an
extension to the 120-day limit. Therefore, the City
concludes that it is in compliance with ORS 227.178
(4).
ORS 227.178 (5) a-3plies the 120-day limit only to
decisions wholly within the control of the city.
Findings and Conclusion
Section 18.32.030 applies the 120-day limit only to
decisions wholly within the control of the city.
Therefore, the City concludes that it is in compliance
with ORS 227.178 (5).
ORS 227.178 (6) exempts those plan and land use
regulation amendments or adoptions of new regulations
that must be submitted to the DLCD Director under ORS
197.610(1) from the 120-day time limit. 5
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Findings and Conclusion
Section 18.32.030 satisfies the requirement of ORS
227.178 (6). Therefore, the City concludes that it is
in compliance with this statute.
ORS 227.178 (7) provides for an applicant whose
application has not been acted on finally within 120
days after the application was initiated to seek a writ
of mandamus to compel issuance of the permit or zone
change or a determination that approval would violate
the city's plan or land use regulations.
Findings and Conclusion
ORS 227.178 (7) provides an applicant a means to compel
action on a land use application after 120 days. The
City of Tigard's comprehensive plan and implementing
ordinances do not in any way infringe upon that right.
The City therefore concludes that the requirements of
this statute are satisfied.
ORS 227.180 Review of Action on Permit Application
ORS 227.180 (1)(a)(A) establishes that the period for
filing an appeal of a decision shall not be less than
seven days after the governing body mails or delivers
the decision of a hearings officer.
Findings and Conclusion
Section 18.32.310 of Tigard's Community Development
Code sets the appeal period to be 10 days for the
decision of a hearings officer. Therefore, the City
concludes that it is in compliance with ORS 227.180
(1)(a)(A)-
ORS 227.180 (1)(a)(B) and (C) require that a hearing on
the appeal be held and that the record of the hearings
officer's action be considered.
Findings and Conclusion
Section 18.32.320 of Tigard's Community Development
Code outlines hearing procedures in conformance with
ORS 227.180 (1)(a)(B) and (C). Therefore the City
concludes that it is in conformance with this statute.
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ORS 227.180 (1)(b) not withstanding (1)(a), a city
council may establish that a hearings officer's
_ decision is the final decision of the city.
Findings and Conclusion
Section 18.32.370 of Tigard's Community Development
Code states that an appeal approva' authority shall
affirm, reverse or modify a decisi.on. Therefore a
hearings officer decision may be appealed and the City
concludes that ORS 227.180 (1)(b) does zot apply.
ORS 227.180 (1)(c) rtguires that fees for filing an
appeal shall be no more than the average cost of such
appeals or the actual cost of the appeal, excluding the
cost of preparation of a written transcript. (1)(c)
also requires that fees for preparation of written
transcripts not exceed the actual cost of preparing the
transcript, up to $500. plus one-half of the actual
cost over $500.
Findings and Conclusion
The City bases the appeal fee upon the actual cost of
the appeal. Section 18.32.330 also sets transcript
costs in accordance with ORS 227.180 (1)(c). The City
therefore concludes that the requirements of this
. statute are satisfied.
ORS 227.180 (2) allows an aggrieved party in a
proceeding for a zone change or discretionary permit
to appeal the decision to the Land Use Board of
Appeals (LUBA).
Findings and Conclusion
The right to appeal a decision to LUBA is allowed by
state statute and is not under the City's jurisdiction.
It is therefore not necessary for the City to address
this statute. The City concludes that ORS 227.180 (2)
is satisfied.
ORS 227.180 (3) states that ex parte contacts with a
member of the decision making body shall not invalidate
a final decision or action of the decision making body,
provided that the member receiving the contact places
the substance of the content of the ex parte
communication in the record of the hearing and makes a
public announcement of the right of parties to rebut
the content at the first hearing where action will be
considered or taken.
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Findings and Conclusion
Section 18.32.170 of the Community Development Code
outlines ex parts communications in accordance with
ORS 227.180 (3). Therefore the City concludes that it
complies with this statute.
ORS 284.010-060 Regional Economic Development Act
This act relates to the "Oregon Comeback". The Governor may adopt
proposed regional strategies. Local plans and land use regulations need
to be consistent with the regional strategies. Local governments need
to review the list of actions to implement adopted regional strategies.
Findings and Conclusion
The regional strategy of the eight county area which encompasses Tigard
is tourism with a focus on the Oregon Convention Center. The City has
reviewed the Oregon Tourism Alliance Regional Strategies Plan 1988 and
its comprehensive plan. The City concludes that although promotion of
tourism is not an economic development strategy for Tigard, the plan is t
not in any way inconsistent with the strategy. Therefore, the City
c
concludes that no additions or amendments are necessary.
F
ORS 418.817 Family Day Care Providers 5
F
Section 12 of HB 2884 provides that a day care provider which
accommodates fewer than 13 children in the provider's home is
considered to be a residential use. Such a home is a permitted use in
all residential and commercial zones. Conditions must be no more
restrictive than those imposed on other residential dwellings in the
same zone. Zoning provisions contrary to this law may not be adopted or
enforced.
ORS 443.590 - 443.600 (1) Residential Homes
ORS 443.590 enacts a statewide policy stating that "physically or
mentally handicapped persons are entitled to live as normally as
possible within communities and should not be excluded from communities
because their disability requires them to live in groups." ORS 443.600
(1) provides that a "residential home shall be considered a residential
use of property for zoning purposes, including areas zoned for single-
family dwellings. No city or county shall enact or enforce zoning
ordinances prohibiting the use of a residential dwelling, located in an
area zoned for residential or commercial use, as a residential home.
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ORS 443.620 - 443.630 Residential Care Facilities'
4
HB 2936 provides that residential care facilities (for mentally
handicapped persons) must be allowed as a conditional use in
residential zones permitting densities of 8 or more units per acre.
Zoning ordinances or siting criteria which would preclude such siting
shall not be enacted or enforced. Cities with a population less than
2,500 are exempted.
Findings and Conclusion
Family Day Care Providers, Residential Homes, and Residential Care
Facilities are not adequately defined nor are the standards explicitly
in conformance with the statutes. The City will amend its Community
Development Code section 18.26 Definitions and sections 18.44 through
18.58 Residential Zone Standards as necessary to meet the statutory
requirements for these three types of facilities. Therefore, upon
adoption of these amendments, the City will be in compliance with these
statutes.
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ORS 446.003 (17)(a)-(c) Mobile Home Definitions P.
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ORS 446 has been amended to define mobile homes as: (1) residential
trailers constructed before January 1, 1962; (2) mobile houses i
constructed between January 1, 1962 and June 15, 1976 which met Oregon E;
construction requirements then in effect; and (3) manufactured homes E
constructed to federal standards.
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Findings and Conclusion
The City does not presently define mobile homes as required by ORS
446.003 (17)(a)-(c). The City will amend its mobile home definition to
conform with the statutory definition. Therefore, upon adoption of an
amended mobile home definition, the City will be in compliance with
this statute.
F. Other Issues
t
Nothing in subsections (1) (a)-(e) of this rule is meant to limit or
prevent any person from raising other issues or objections involving
the substantial change in circumstances factor set forth in subsection
(2) (a) of this rule as long as such concerns are submitted consistent
with the requirements of OAR 660-19-065.
E
17
The following issues were identified by DLCD.
National Flood Insurance Program - Most Oregon communities were
notified by the Federal Emergency Management Agency (FEMA) in
September 1986 that recent changes in federal regulations governing the
National Flood Insurance Program (NFIP) would necessitate revisions in
local ordinances that were adopted to establish eligibility in the
NFIP. The local review order should address these revisions as a
substantial change in circumstances affecting the city and report
whether the FEMA regulations have been complied with.
Findings and Conclusion
Tigard received a notification from FEMA in September, 1986 regarding
changes in NFIP regulations. Ordinance 87-32 was adopted by the Tigard
City Council which amended Chapter 18.84 of the Community Development
Code and brought City floodplain regulations into compliance with NFIP
regulations. Because the City has adopted required changes, Tigard is
now in compliance with FEMA's regulations governing the NFIP. We
therefore conclude that FEMA's requirement that NFIP regulations be
complied with has been satisfied.
Department of Energy - The City's plan contains policies to increase
opportunities for energy conservation and alternative sources of energy
and to review the feasibility of implementing a solar access ordinance
(Policies 9.1.1 and 9.1.3; supported by statements in the resource
document at pp. 1-275 to 278). Also, by Resolution No. 85-23 the City
agreed to "participate in and support efforts ...to secure funding to
undertake a joint project to provide and protect solar access to the
extent feasible given local conditions." This project has concluded
with preparation and broad acceptance of model ordinances designed to
encourage and protect solar access. These model ordinances represent a
substantial change in circumstances pertaining to energy conservation
and use of alternative sources of energy. As a result, the city must
submit these ordinances to public review and formally consider them for
adoption and inclusion in the city's comprehensive plan implementing
ordinances.
Findings and Conclusion
In 1987 the City considered adoption of a solar access ordinance.
However, the ordinance was never considered in a public hearing forum.
The City will review a solar access ordinance that is based on the
Department of Energy's model ordinance. This ordinance will be
considered at a public hearing in conjunction with periodic review.
Therefore, when the public hearing is conducted the City will be in
compliance with this requirement.
18
FAL°1+OR TWO
NEW OR AMENDED GOALS OR RULES ADOPTED SINCE THE DATE OF ACdOiOWLSDGSPISNT
"Previously acknowledged provisions of the comprehensive plan or land use
regulations do not comply with the goals because of goals subsequently adopted
or statewide land use policies adopted as rules interpreting goals under ORS
197.040."
Goal 2 - Land Use Planning, Goal 2 Land Use Planning Rule (OAR 660, Division 4)
Findings and Conclusion
Tigard's comprehensive plan and land use regulations do not contain any
exceptions or cite standards for exceptions under Goal 2, OAR 660, Division 4,
or ORS 197.732. The City is not proposing any new or amended goal exceptions at
this time. Because there are no conflicting standards in the plan or
regulations or proposed amendments to them, the City therefore concludes that
the requirements of the amended Goal 2, the Goal 2 rule and ORS 197.732 do not
require changes to the City's plan or regulations.
Goal 5 Open Spaces/Natural Resources Rules (OAR 660, Division 16)
Findings and Conclusion
The City of Tigard's Comprehensive Plan was acknowledged in 1984 subsequent to
the adoption of this statute which was implemented in 1981. Therefore, the City
of Tigard has already been acknowledged as in compliance with this Goal.
However, the City recognizes that the wetland inventory portion of the goal was
inadequate and so has conducted a thorough inventory and assessment of wetland
areas. As a result of the wetlands inventory and assessment, the City will
amend the wetland portion of its comprehensive plan.
Goal 9 Commercial and Economic Development Rule (OAR 660, Division 9)
Findings and Conclusion
The City has conducted an economic analysis of the Tigard planning area. This
analysis is the basis for needed amendments. Comprehensive plan amendments
related to the economic analysis will fulfill the goal 9 requirements,
therefore the City will be in compliance when these amendments are adopted.
4 19
v ~
Goal 10 Metropolitan Housina Rule (OAR 660, Division 7)
Findinas and Conclusion
The City of Tigard has conducted a survey of its comprehensive plan and
amendments since acknowledgement relative to the Metropolitan Housing Rule. The
City has determined that it maintains the required housing density opportunity
of 10 units per acre. Therefore, the City concludes that it remains in
compliance with this rule.
Goal 10 Housing Rule (OAR 660, Division 81
Findings and Conclusion
The City of Tigard's comprehensive plan was acknowledged in 1984 subsequent to
the adoption of this rule which was implemented in 1982. The City therefore
concludes that it has already been acknowledged as in compliance with this rule
and no changes are necessary.
Goal 11 Public Facilities Rule (OAR 660, Division 11)
Findings and Conclusion
The City of Tigard has conducted a survey of pertinent data relevant to the
provision of sanitary sewer, storm sewer, water and transportation. The result
of this study is the public facilities plan. When the City adopts this plan as
an attachment to the comprehensive plan and adopts appropriate amendments to
the comprehensive plan it will be in compliance with this goal.
FACTOR TEMUZ
This factor requires that Tigard review the comprehensive plan and land use
regulations to obtain consistency with mandated State Agency Plans and
Programs related to land use which were not in effect when the City's plan was
acknowledged.
DLCD has reviewed the following programs and determined that they potentially
meet the standards contained in ORS 197.640 (3) (c) and OAR 660-19-055 (2) (c)
(e.g., the program: is mandated by state statute or federal law; is consistent
with the goals; and has objectives that cannot be achieved in a manner
consistent with the comprehensive plan or land use regulations).
20
1. Department of Environmental Quality
Local governments must maintain an up-to-date inventory of major air,
water, solid waste, and noise pollution sources and sites (where such
information is made available to the jurisdiction)
AIR
FINDINGS
The City of Tigard has reviewed its planning area for
sources and sites of major air pollution. No additional
sources of major air pollution have been located within
this area since Tigard's acknowledgement.
Tigard's comprehensive plan contains policies which
require compliance with state requirements for air
quality and requires coordination with DEQ and Metro.
CONCLUSION
The City has surveyed its planning area for major
sources of air pollution and has not found any
additional locations. Therefore, the City concludes
that it is consistent with DEQ's air pollution
inventory goals.
WATER
FINDINGS
The City has conducted a review of its planning area for sources
of water pollution. The Unified Sewerage Agency operates its
Durham Sewage Treatment Plant within Tigard's jurisdiction. This
facility's effluent outfall into the Tualatin River is regulated
under a EPA discharge permit administered by the DEQ. Tigard can be
considered a non-point source of phosphorus and contributes to the
exceedance of the total maximum daily load of phosphorus in the
Tualatin River. The phosphorus loading occurs as stormwater
runoff. The City is participating with USA to develop a plan for
bringing the Tualatin River into compliance.
No other major sources of water pollution were identified.
Tigard's comprehensive plan contains policies which
require compliance with applicable federal, state and
regional requirements for water quality.
t
( 21
CONCLUSION
The City has conducted a survey of its planning area
and has found no additional major sources of water
pollution. Therefore, Tigard concludes that it is
consistent with DEQ major water pollution source
inventory goals.
SOLID WASTE
FINDINGS
The City has reviewed its situation relative to solid
waste and has found that there are no existing or new
sources of solid waste pollution within the City.
Also, the quantity of solid waste generated within the
City is diminished because of recycling. The three
City franchised waste haulers provide the opportunity
to recycle by picking up sorted material a minimum of
once per month at the curbside.
CONCLUSION
The City has surveyed its planning area and has found
no additional major sources of solid waste pollution.
Tigard therefore concludes that it is in compliance
with DEQ major solid waste source inventory goals.
NOISE
FINDINGS
The City of Tigard has reviewed its situation relative
to noise pollution and found that there are no sources
of noise pollution within Tigard. On January 22, 1990,
the City adopted a revised noise ordinance (ORD 90-03).
The new ordinance is consistent with DEQ noise
regulations.
CONCLUSION
The City has surveyed its planning area and has
discovered no additional sources of major noise
pollution.
22
y _
..w _
r?
2. Department of Transportation
4
Local governments must amend Goal it elements to inventory proposed
highway improvements and adopt a policy to coordinate with ODOT in
implementing its Highway Improvement Program.
'r
FINDINGS
The City has reviewed the ODOT Six-Year Improvement Program and has
identified highway improvements in or near Tigard. These projects are
discussed in the Goal 11, Public Facility Plan.
The City has a policy to cooperate with other federal, state, regional
and local jurisdictions for the efficient planning and management of
the transportation system.
CONCLUSION
The City of Tigard has developed a public facilities plan. Upon
adoption of the public facilities plan, the City's comprehensive plan
will be consistent with ODOT's Six-Year Improvement Program.
w
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k"
FACTOR FOUR .
Additional planning tasks required at the time of acknowledgement or agreed to
in receipt of state funds.
FINDINGS
The Department of Land Conservation and Development stated that this factor
does not apply to the city of Tigard in the periodic review notice. The
City has reviewed its acknowledgement documents and grant agreements and
has found no additional planning tasks that were required at the time of
acknowledgement or agreed to in receipt of state grant funds.
CONCLUSIONS
Therefore, the City concurs with the DLCD in that this factor does not
apply to the City of Tigard.
23 ;
a
OVERALL CONCLUSION
The City of Tigard has conducted a thorough review of its Comprehensive Plan
and Community Development Code in response to: changes in the community;
amended or newly adopted statewide planning goals, Oregon Administrative Rules,
and Oregon Revised Statutes; new or revised state agency plans, programs, and
inventories; prior obligations of the City to complete planning tasks.
Findings presented in this Periodic Review Order contain the City's responses
to the periodic review factors and outline proposed plan and development code
amendments which, when adopted, will bring the plan and development ordinance
with all applicable requirements listed in the DLCD periodic review notice of
May 3, 1989. Adoption of the plan and development ordinance amendments and
final review order will complete Tigard's periodic review responsibilities
required by ORS 297.640 and OAR 660, Division 19.
i
7
24 k
25KM 1131T-
CITY OF TIGARD
C SIVS PLAN AIGUNDNENT INVENTCOX
1983 - 1989
Late 1983
CPA 9-83, ZC 8-83 denied
CPA 10-83, ZC 2-83
Amended the comprehensive plan map by changing from Washington County R-24 to
Tigard Medium-High Density Residential on 90 acres; from Washington County R-9
to City of Tigard Medium Density Residential on 38 acres; from Washington
County Neighborhiood Commercial to Tigard Commercial Neighborhood on 4 acres.
CPA 11-83 void
CPA 12-83, ZC 9-83
A comprehensive plan amendment to change the land use designation
from Light Industrial to General Commercial and a change in the zoning
designation from M-4 to C-3) on 3.71 acres
CPA 13-83
An amendment of plan policies 11.4.2, 11.4.2.a and b, regarding NPO#4 area in
volume 2
CPA 14-83
A comprehensive plan amendment to bring the plan into compliance with statewide
planning goal #5 with an analysis of ESEE factors
CPA 15-83
A comprehensive plan amendment to change setback requirements in the C-G and C-
P zoning districts (also part of CPA 2-83)
CPA 16-83
Corrected mapping error. A city-initiated comprehensive plan amendment to
change the land use designation from Medium Density Residential to Light
Industrial and the zoning designation from A-12 to M-4 on .89 acres
CPA 17-83, ZC 13-83
A comprehensive plan amendment to change the land use designation from Low to
Medium Density Residential and the zoning from R-7(PD) to A-12 on 28.27 acres
CPA 18-83, ZC 14-83
A comprehensive plan amendment to relocate 4.35 acres of land zoned
Neighborhood Commercial along SW 135th. The land use designation changed from
R-20 to C-N
Page 1
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ORD 83-52
Repealed ordinances 82-77, 82-78, 82-79, 82-81, 82-89, 83-04, 83-05, 83-07,
83-10, 83-24. Ratified text and maps of Tigard's comprehensive plan and
Community Development Code
80A 1-83 Sensitive Lands
1984
CPA 1-84
Amended the comprehensive plan map by adding low density residential land use
designations to five tax lots off of SW 132nd Street within urban growth
boundary
CPA 2-84
Amended section 10.1 of volume 2 regarding annexation of county land and how
the city will assign a city zoning designation
CPA 3-84
Amended ordinance 83-52 (entire code adopted in November 1983) and the
floodplain and wetlands map
CPA 4-84, 8C 4-84
A comprehensive plan amendment to change the land use designation from
Commercial Professional to High Density Residential and a zone change from C-P
to R-40 on 4.33 acres
CPA 5-84
Amended section 18.114.145 to add sign code exception approval criteria
CPA 6-84
Amended Chapter 18.130 of the Code, Conditional Uses, to insert standards for
approval of transient lodging; wholesale storage and distribution;
participation sports and recreation - indoor and outdoor; and vehicle fuel
sales with convenience sales.
CPA 7-84
Amended all three volumes of the code to include reommendation of the state
Department of Environmental Quality pertaining to air quality regulations
CPA 8-84
Amended policy 6.3.2(b) of volume 2 of the comprehensive plan which deals with
compatibility standards for density transition
CPA 9-84
Amended Chapter 18.26 by adding several definitions to the Code
Page 2
CPA 10-84
Amended numerous sections of the Code with small phrases and changed policy
6.1.2 of volume 2 regarding the term subsidized housing
CPA 11-84, ZC 8-84
A comprehensive plan amendment to change from Low Density Residential to
General Commercial on 5 parcels totaling 2.3 acres
CPA 12-84, ZC 8-84
A comprehensive plan amendment to change the land use designation from Medium
Density Residential to Commercial Professional and the zoning designation to C-
P on a 1.38 acre parcel
CPA 13-84
Amended Chapter 18.98, Height Limitations
CPA 14-84
Amended and revised the floodplain and wetlands map, and all three volumes of
the comprehensive plan. Amended ordinance 84-28 and designated five specific
areas as significaznt resources on the wetlands map. Policy 3.5.3 was changed
to reflect a prior designation of Fanno Creek and its tributaries as
greenway/open space. To section 18.84.015 wording was added to prevent
development in areas designated as significant wetlands and on adjacent lands.
i
CPA 14-84
Amended the site development review chapter to allow exceptions to the private
outdoor area and shared outdoor recreation areas requirements contained in `
section 18.120.170 t
s;
CPA 14-84
Amended code section 18.130.040 (A) (1) to specify the land use reviews
manufactured home construction/placement is subject to. Also mentioned
exemptions.
CPA 14-84
Amended policy 6.1.2, Subsidized Housing Dispersal and policy 12.1.1,
Residential Locational Criteria
CPA 15-84
Amended section 18.62 C-G and 18.64 C-P zoning districts, decreasing the front
yard and corner and through lot setbacks
CPA 16-84
Amended Chapter 18.32 by adding subsection .275 regarding the amended decision
process on administrative decisions
CPA 17-84
Amended Chapter 18.40.040 Residential Density Transition excluding land where
the actual density in the established area exceeds the maximum density allowed
under the land use plan map designation for the established area
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Page 3
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CPA 18-84
Amended the compatibility matrix contained in section 18.26 of the code
and Policy 6.3.2(b)
CPA 19-84, ZC 15-84
Amended appendix I - ESEE document of volume 1
CPA 20-84, ZC 13-84
A comprehensive plan amendment to change the land use designation from medium
density to medium - high density residential on 2.9 acres
CPA 21-84, ZC 14-84
A comprehensive plan amendment to change the land use designation from Heavy
Industrial to Commercial Professional and the zoning designation from I-H to
C-P
CPA 22-84
A comprehensive plan amendment to change the land use designation on a 16.41
acre parcel from medium - high density residential to high density residential
CPA 23-84
Deleted policy 6.1.2, Subsidized Housing Dispersal in Single Family Zones, amd
Policy 12.1.1.4, Residential Locational Criteria
CPA 24-84
Policy 6.3.2. of comprehensive plan was amended; Developing and Established
Areas
i
- CPA 25-84
Amended appendix 1, ESEE document, of volume 1 as originally adopted in
ordinance 83-52
CPA 26-84
Amended policy 11.5.1, of volume 2, Buffering and Screening
CPA 27-84
Designated Mallard Lakes as wetlands in the comprehensive plan and wetlands
map
CPA 28-84
Amended volume 1 of the comprehensive plan in order to insert a list of
significant wetlands areas
CPA 29-84
Revised the floodplain and wetlands map as amended by ordinance 84-36 and as
originally adopted by ordinance 83-52. Removed wetlands designation from
certain areas
CPA 30-84
A comprehensive plan amendment which amended plan policies 3.1.1, 3.2, 3.2.3,
3.4.1 and added policy 3.4.2 of volume 2 and 3.4.2 of volume 2
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Page 4
ORD 84-01
A "housekeeping" ordinance which repealed titles 16, 17, and 18 in their
entirety
ORD 84-40
Amended volume 1 of the comprehensive plan to include an assessment of
manufactured homes
RES 84-48/ORD 84-46
A comprehensive plan amendment to increase the number of units in the R-20 zone
from 20 to 25 units per acre; also amended the comprehensive plan map, the
buildable lands map and the buildable lands inventory contained in volume 1 of
the Code
1985
CPA 1-85, ZC 1-85
A comprehensive plan amendment from Central Business District to Mediuym High
Density Residential and a zone change from CBD to R-25 (25 units/acre) on a 2
acre parcel
CPA 2-85, ZCA 1-85
A comprehensive plan amendment to change the land use designation from
Washington County to City of Tigard Low Density Residential and to change the
zoning from Ofice Commercial and Low Density Residential to C-P and R-4.5 on
28.94 acres
CPA 3-85, ZC 3-85 denied
CPA 4-85, ZC 4-85
Relocated a Commercial-Neighborhood zone to a nearby site zoned R-25 (see also
CPA 18-83/ZC 14-83)
CPA 5-85, ZC 6-85
A comprehensive plan amendment to approve a change in land use designation from
Commercial Professional to Light Industrial and a zone change from C-P to I-L
on 21 tax lots (11.33 acres) near SW Sandburg Street
CPA 6-85, ZC 7-85
A comprehensive plan amendment to change the land use designation from Low
Density Residential to Medium Density Residential and a zone change from R-4.5
to R-7 (Mara Woods Subdivision) on 1.7 acres
CPA 7-85
A comprehensive plan amendment affecting the Red Rock Creek/ Villa Ridge
Ravine in volume 1
Page 5 ii
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CPA 8-85, ZC 9-85
A comprehensive plan amendment changed the zoning on 28 acres from Washington
County R-5 to City of Tigard R-4.5 on 6 parcels; from Wahington County Office
Commercial to City of Tigard Commercial Professional (C-P) on three other
parcels. A significant wetlands overlay designation was placed on 3 parcels.
CPA 9-85, ZCA 21-85 and 12-85
An annexation of 23.26 acres from Washington County to City of Tigard Medium
High Density Residential; zoning became R-25. East of Murray Blvd., between old
and new Scholls Ferry Roads
CPA 10-85
Amended 18.82, Historic Districts
CPA 11-85, ZC 7-85
A comprehensive plan amendment to change the land use designation from Medium
Density Residential to Light Industrial aqnd for a zone change from R-12 to I-P
on a 9.35 acre area immediately north of Upper Boones Ferry Road
CPA 12-85, ZC 14-85 i
A comprehensive plan amendment to change the land use designation from Light
Industrial to Commercial General and a zone change from I-P to C-G (Warehouse
Floors property) on 2.87 acres
CPA 13-85, ZC 15-85 denied
4
1
CPA 14-85, ZC 6-84, ZOA 6-85
Designated four specific parcels of land as Historic Overlay Districts (HD)
bydeleting references to the Hearings Officer; added criteria for the removal
of the Historic District designation and provisions for the demolition or
alteration of a historic structure were added
CPA 15-85: see ZOA 9-85
CPA 16-85, ZCA 16-85
A comprehensive plan amendment to change the land use and zoning designations
on two properties from Washington County R-5 to City of Tigard R-4.5;
total area 34.9 acres
ORD 85-41
An ordinance ratifying all prior ordinances enacted by the Tigard City Council
for clarification purposes
1986
CPA 1-86, SC 3-86
A comprehensive plan amendment to change the land use designation from Medium
High Density Residential to Commercial - Neighborhood on 4 acres
( Page 6
CPA 2-86, ZC 4-86 denied
CPA 3-86, ZC 5-86
A comprehensive plan amendment to change the land use designation of a .52 acre
parcel from Medium Density Residential to Commercial General and to change the
zoning designation from R-12 to C-G. Correction of a map error
CPA 4-86, ZC 6-86
A comprehensive plan amendment to change the land use designation from Low
Density Residential to Medium Density Residential and the zoning from R-4.5 to
R-7 on .37 acres.
CPA 5-86 withdrawn
CPA 6-86, EC 10-86
A comprehensive plan amendment to change the land use designation from a
mixture of low to high density residential to Commercial General and to change
the zoning designations from a mixture of R-1 through R-4.5, R-25 and R-40 to
C-G on a 22 acre site
CPA 7-86, ZC 15-86
A comprehensive plan amendment to change the land use designations from Heavy
Industial to Light Industrial and to change the zoning designations from I-H to
I-P on an 8.12 acre site
CPA 8-86, ZC 16-86 denied
CPA 9-86, ZC 17-86 denied
CPA 10-86, ZC 15-86
A comprehensive plan amendment to change the land use designation from
Commercial Professional to Commercial General and Neighborhood Commercial and
to change the zoning designations from C-P to C-G and C-N on a 3.9 acre site
CPA 11-86
A comprehensive plan amendment to change Riverwood Lane from a minor collector
street to a local street on the comprehensive plan transportation map.
CPA 12-86
A comprehensive plan amendment to change SW 135th from a major to a minor
collector street on the comprehensive plan transportation map.
ORD 86-23
Amended numerous land use application code sections to bring them into
conformance with ordinance 86-08
1987
CPA 87-01, ZC 87-02
A comprehensive plan amendment to change the land use designation from low to
medium density residential and the zoning designation from R-4.5(PD) to R-7(PD)
on nine parcels (23 acres) (also CPA 6-86)
Page 7
CPA 87-01, ZC 87-02
A comprehensive plan amendment to change the land use designation from medium
density residential to medium high density residential and the zoning
designation from R-12(PD) to R-25(PD) on 9.5 acres
CPA 87-01, ZC 87-02
A comprehensive plan amendment to change the land use designation from medium
density residential to high density residential and the zoning designation from
medium high to high on 17.3 acres
CPA 87-02, ZOA 87-01
Amended sections of Chapter 18.84 of the Code to update and bring city
floodplain regulations into compliance with FEMA National Flood Insurance
Program regulations. Also amended sections 18.26.030, 18.94.040 and 18.160.020
CPA 87-03, ZC 87-06
Assigned an Action Area (AA) overlay designation to the Central Business
District (180 acres)
CPA 87-04, ZC 87-18
A comprehensive plan amendment for a change from Commercial Professional to
Commercial General and a zone change from C-P to C-G on two parcels
CPA 87-05, ZC 87-19
A comprehensive plan amendment for a change from Commercial Neighborhood to
Commercial General and a zone change from C-N to C-G on two parcels (.78 acres)
CPA 87-86, ZC 87-20 denied
CPA 87-07 withdrawn
CPA 87-08, ZCA 87-24
A comprehensive plan amendment to change the land use designation on 19.15
acres from Washington County R-6 to City of Tigard Medium Density and the
zoning to R-7
1988
CPA 88-01, ZC 88-03
For a comprehensive plan map amendment from Low Density Residential to General
Commercial and a zone change from R-3.5 to C-G for approximately 5.7 acres
CPA 88-02, ZC 88-08
A comprehensive plan amendment from Light Industrial to Public Institution, and
a zone change from I-P to R-12(HD) on one parcel (8.19 acres) (Durham School)
CPA 88-03, ZC 88-09
A comprehensive plan amendment to change the land use designation from Public
Institutional to Medium Density Residential and to change the zoning
designations from R-4.5 to R-12 on 4 acres near Cook Park
€ Page 8
CPA 88-04, ZC 88-10 denied
CPA 88-05, ZC 88-11 denied
1989
CPA 89-01, SC 89-01
A comprehensive plan map amendment changing a 3700 square foot parcel from High
Density Residential to General Commercial and the zoning designation from R-40
to C-G.
CPA 89-02, ZC 89-02
A comprehensive plan map amendment changing 4.27 acres from Medium Density
Residential to Medium-High Density Residential and the zoning designation from
R-12 to R-25.
CPA 89-03, ZC 89-03
A comprehensive plan map amendment changing 6.4 acres from Low Density
Residential to General Commercial and the zoning designation from R-3.5 to C-G.
CPA 89-04, ZC 89-04
A comprehensive plan map amendment changing 1.75 acres from Professional
Commercial to Medium-High Density Residential and 3.02 acrees from Medium
Density Residential to Medium-High Density Residential with zoning designation
changes from C-P to R-25 and R-12 to R-25 respectively.
CPA 89-05, ZC 89-05
A comprehensive plan map amendment changing 1.84 acres from Low Density
Residential to Professional Commercial and the zoning designation from R-4.5 to
C-P.
CPA 89-06, ZC 89-06
A comprehensive plan transportation map amendment changing the alignment of
Burnham and Ash Streets.
CPA 89-07, ZC 89-07
A comprehensive plan map amendment changing 6.4 acres from commercial
Professional to Medium-High Density Residential and the zoning designation from
C-P to R-25.
CPA 89-08 denied
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