The URL can be used to link to this page

City Council Packet - 06/25/1990 CITY OREGON TIARO .ITY'GOt1Nll~ A G E N D A II~SiNESS u1EEf1NG 590, 'S.M PUBLIC NOTICE: Anyone wishing t TI~ARfl. CIVIC ~I NT~I~ o speak on an agenda Item should sign on the appropriate sign-up sheet(s). If no sheet Is LYI3.;:.:.>:::::>:;:<::>:;::::,.:::.:::< <'r avail /e, ask t ab to be recognized by the Mayor at the beginning of ~fIGAfD, t+JREGC~I'~t 97223 that agenda Item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor o r the Ci Admlnlstrator. STUDY SESSION (6:30 p.m.) 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGIENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: 6/11/90 3.2 Local Contract Review Board: a. Award Bid - Walnut Street Safety Improvement Project b. Award Bid - Greenburg Road at Cascade Traffic Signal 3.3 Approve Pass-Through Rate Increase from METRO - Solid Waste Dump Fees - Resolution No. 90 3.4 Approve Contract for Professional Services (Hearings Officer) - Larry Epstein 3.5 Approve Billing Rates (City Attorney's Office) - Resolution No. 90---qD 3.6 Authorize Right-of-Way Acquisition for Greenburg Road Projects - Resolution No. 90-1D 3.7 Authorize Advertisement for Bids - First Year Park Levy Improvements 3.8 Approve Planning Commission Appointment - Harold, Boone - Resolution No. 90-LIZ 3.9 Approve Surface Water Management Agreement and City Committee Agreement with Unified Sewerage Agency; Authorize Mayor and City Recorder to Sign Both Agreements - Resolution No. 90-~ 3.10 Support Serial Levi for Public Safety Communications in Washington County COUNCIL AGENDA -JUNE 25, 1990 -PAGE 1 SITE DEVELOPMENT REVIEW SDR 90-0004 PLANNED DEVELOPMENT PDR 90-0002 TRIAD NPO #6 An appeal of a Planning Commission decision for Site Development Review and detailed Planned Development approval of a 364-unit apartment complex on a 27.2 acre property. ZONE: R-12 (PD) (Residential, 12 units/acre Planned Development) and R-25 (PD) (Residential, 25 units/acre Planned Development) LOCATION: SW 109th Avenue and SW Naeve Street (WCTM 2S1 10 AD, Tax Lot 9300, 2S1 10AC, Tax Lots 600,700, 800, 900, and 2S1 10136, Tax Lots 100 & 200 o Public Hearing Opened o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Community Development Staff o Council Questions or Comments o Public Hearing Closed o Consideration by Council 5. PUBLIC HEARING -PALMER ACRES STREET VACATION The proposed vacation of portions of two undeveloped street rights of way located to the north and west of Palmer Acres Subdivision which is located south and east of Pacific Highway and Highway 217. The request was initiated by the City Council on May 14, 1990, at the request of Western Investment Company. LOCATION: Adjacent to Tax Lot 2200 of the Tax Map 1S1 36CD and Tax Lot 200 of Tax Map 2S1 1 BA, in the City of Tigard, Washington County, Oregon. o Public Hearing Opened o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Community Development Staff = o Council Questions or Comments o Public Hearing Closed o Consideration by Council 6. PUBLIC HEARING (FINAL) - PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT (LID) On June 11, 1990, the Council received the final engineer's report and set the date of June 25, 1990 for a hearing on the final assessment roll. By ordinance, any objections must be in writing prior to the hearing. o Public Hearing Opened o Declarations or Challenges o Summation by City Engineer o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by City Engineer o Council Questions or Comments o Public Hearing Closed o Consideration by Council: Ordinance No. 90-2j. COUNCIL AGENDA -JUNE 25, 1990 -PAGE 2 7. CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS -PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT o Finance Director 8. COMPREHENSIVE PLAN AMENDMENT/ZONE ORDINANCE AMENDMENT - CPA 90- s. 0005/ZOA 90-0001 f To amend Policies 3.2.2 and 3.2.3 of the Tigard Comprehensive Plan and Chapter 18.84 of the t, Tigard Community Development Code to allow landform alterations in the 100-year flood plain for community recreation facilities, regardless of the land-use designation or zoning of the ro e o p Public Hearing Opened t o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Community Development Staff o Council Questions or Comments o Public Hearing Closed o Consideration by Council: Ordinance No. 90-2-2- 9. ORDINANCE CONSIDERATION -ADVANCE FINANCING (LATECOMER'S) -ORDINANCE NO. 90- (This item was set over from the June 11, 1990, Council meeting for consideration.) o Opportunity for Public Input will be Provided during this Agenda Item f I 10. NON-AGENDA ITEMS: From Council and Staff t r 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. r 12. ADJOURNMENT COUNCIL AGENDA -JUNE 25, 1990 -PAGE 3 . • X1,1 T I G A R D C I T Y C O U N C I L - MEETING MINUTES - JUNE 25, 1990 o Meeting was called to order at 6:30 p.m. by Mayor Jerry Edwards. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Ron Goodpaster, Chief of Police; Keith Liden, Senior Planner, Ed Murphy, Community Development Director; Liz Newton, Community Involvement Coordinator; Tim Ramis, City Attorney; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION a. Chief of Police Ron Goodpaster updated Council on the noise issues with the teen club in Canterbury Square. DEQ equipment was used to evaluate sound emitted from the business; it will be one or two days before the analysis of the results are available. If the club is in violation, enforcement action will follow. b. Chief Goodpaster advised Council that the Department of Agriculture has completed their first spraying for eradication of the Japanese Beetle in the Riverwood area of Pick's Landing. The properties will be sprayed again on July 2 and 13 with the possibility of a fourth spraying if any evidence of the beetle is discovered. C. Chief Goodpaster reported that the Police Department is considering changing the School Resource Officer (SRO) program by offering Drug and Alcohol Resistance Education (DARE) to Tigard elementary school children. This has proven to be a highly successful program implemented in other areas of the country. Council discussed the SRO program in general and noted its value through positive results and feedback from the community. Presently the costs for the SRO's are split 50/50 between the School District and the City. The School District is reviewing their contribution amount. d. Police Chief noted his work with two neighborhoods near the high school (Avcn Street and 88th Court). These areas have experienced parking, traffic, and littering problems. He suggested looking at a parking permit system to alleviate some of the parking issues. Councilor Eadon requested that any increased enforcement CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 1 t measures be fee supported. It was also noted that the City and School District should share responsibility in resolving the problems. e. Council reviewed agenda items with staff. 3. VISITORS' AGENDA: a. Dr. Russ Joki, Tigard School District Superintendent, distributed floor plan footprints of two new schools being built in Tualatin (a middle school and a high school). Dr. Joki presented the City with a resolution commending the City of Tigard for their assistance in working with the School District on growth issues. Also presented to the City was a plaque, "The Flag of Learning and Liberty." b. Troy W. Canaday noted concerns about continuing development in the Anton Park neighborhood as related to the traffic problems in this area. Mayor advised that ' the Council would be holding a workshop meeting on transportation issues on July 2 at 6:00 p.m.; this area, as well as several other areas with traffic concerns, will be discussed. ? 4. CONSENT AGENDA: The following Consent Agenda items were approved: 4.1 Approve City Council Minutes: 6/11/90 4.2 Local Contract Review Board: a. Award Bid - Walnut Street Safety Improvement Project b. Award Bid - Greenburg Road at Cascade Traffic Signal f 4.3 Approve Pass-Through Rate Increase from METRO -Solid Waste Dump Fees - Resolution No. 90-39 4.4 Approve Contract for Professional Services (Hearings Officer) - Larry Epstein 4.5 Approve Billing Rates (City Attorney's Office) - Resolution No. 90-40 4.6 Authorize Right-of-Way Acquisition for Greenburg Road ' Projects - Resolution No. 90-41 4.7 Authorize Advertisement for Bids - First Year Park Levy Improvements 4.8 Approve Planning Commission Appointment - Harold Boone - Resolution No. 90-42 4.9 Approve Surface Water Management Agreement and City Committee Agreement with Unified Sewerage Agency; r Authorize Mayor and City Recorder to Sign Both Agreements - Resolution 90-43 4.10 Support Serial Levy for Public Safety Communications in Washington County - Resolution No. 90-44 CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 2 t 3asa•rk~.~'t:.v..t ;~,.,sr..; ..:..r_ r Jm ...::.-!...c::: _ _ . • F 1! Motion by Councilor Kasten, seconded by Councilor Schwartz to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. 5. APPEAL PUBLIC HEARING - SITE DEVELOPMENT REVIEW SDR 90-0004 PLANNED DEVELOPMENT PDR 90-0002 TRIAD NPO #6 An appeal of a Planning Commission decision for site Development Review and detailed Planned Development approval of ` a 364-unit apartment complex on a 27.2 acre property. i a. Public hearing was opened. b. Declarations or challenges: none. C. Senior Planner Liden briefly reviewed the Planning i Commission decision. On May 8, 1990, the Planning Commission approved the above application for a 364-unit apartment complex subject to conditions. The commission. also required the closure of 109th Avenue immediately; south of Naeve Street and near the northeast corner of the project. The City Council decided to review the Commission decision on June 25th, particularly in relation to the street closure issue. This date was chosen to allow adequate time for affected agencies and the NPOs to offer additional comments regarding traffic: circulation and street closure issues. Also received was an appeal of the Planning Commission's decision by an abutting property owner to the north. The appellant indicates that since new information was introduced at the Commission hearing, ORS 197.763 requires that the hearing be continued for a period of at least seven days prior to the Commission making a decision.. Contained in the Council packet was the following information: - Copy of vicinity map and transportation map w~ - Staff memo reviewing the background of this case T, - Letters from King City and Fire District - Letter from Covenant Development Corporation - Final Order No. 90-11 PC - Petition from residents on 109th - Letter from Bill and Jean Lindsay - Comments from NPO #6 - Letter from Lyle Nicholson - Appeal letter Larry Derr (attorney for Helmut Kiffman) - Copy of Site Plan CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 3 f e d. Public Testimony Proponent: o Sue Carver, 10155 S.W. Hoodview Tigard, OR 97224, NPO #6 Chairman, discussed a motion passed by NPO #6. She outlined three points the NPO feels are necessary for good traffic flow: (1) leave 109th closed, (2) eliminate three proposed accesses to 109th, and (3) build new access to 99W through N.W. corner of the development. The NPO recommends that the principle access to the development be placed in the N.W. corner where 99W meets Beef Bend Road. The NPO further suggests tabling the application to allow for more input from the residents in the surrounding neighborhoods. o Ken Cheeley, 15390 S.W. Alderbrook Court, Tigard, represents the Summerfield Civic Association. He explained the community of Summerfield opposes opening 109th because of the anticipated detrimental traffic impact on the safety of the streets. o Howard Graham, 9410 S.W. Lakeside Drive, Summerfield, is on the Board of Directors for Summerfield. He expressed concerns about the proposed high-density housing on the boundary of Summerfield and the traffic impact on the community. He indicated tentative endorsement for either of two plans that block off the traffic from coming into Summerfield. He said he would favor any plan which prevents traffic from the Triad Development from passing through Summerfield. o Georgina Allen, 10230 S. W. Highland Drive, Tigard, OR 97224, (resident of Summerfield) expressed concern that higher traffic levels would bring about unsafe conditions for Summerfield's senior citizens. She advised that approximately 19% of Tigard's senior citizens live in Summerfield (approximately 2,000 senior citizens). She added that there are 200 golf carts which are licensed to drive on their community streets. She said the proposed Triad complex would be the largest apartment complex in Tigard, and will greatly impact all of the surrounding neighborhoods, especially Summerfield. She further affirmed the blocking Naeve Road and S.W. 109th are imperative to Summerfield in the event this apartment complex is built. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 4 I. C.sv+w..i..v]. i... n_x r'..:.__:': ...r.. ..r:....._:. ;:.i .c ..-cl i._ a. .i...... r. ..i.. iv.13511 o Richard Watson, 10290 S.W. Highland Drive, Tigard, stated his opposition to the Triad apartment complex unless 109th Street is closed to protect Summerfield. He said this project would be in noncompliance with the standards of the Tigard Comprehensive Plan, Volume 2, if Summerfield is not protected from traffic impact. The increased traffic impact would cause a diminution in the quality of life for the community of Summerfield. He advised he would support the applicant's revised plan which prohibits the dramatic traffic increase on Highland Drive by means of a cul-de- sac on 109th Street. o Farrand Livingston, 10350 S.W. Kable Street, spoke on behalf of himself and his wife. He commented on the traffic problems on Pacific Highway and Durham Road, which are already severe. He expressed concern that the Triad apartment complex would only add to the traffic problem. He asked Council to look ahead at future development to the east of Summerfield, advising that a new traffic problem will occur in future developments, if traffic patterns allow cutting through quiet neighborhoods to avoid Pacific Highway. o Marge Davenport, 15100 S.W. 109th, advised that the people who live in her neighborhood are senior citizens. She stated that 109th Street is very steep. She would like to see the street remain closed to maintain safety. She suggested the apartment complex have exits at top to Canterbury and exit onto 99 W. She further suggested putting an emergency exit on 109th with a gate for the Fire Department to use in emergencies only. o Steve Abel, attorney representing Bernard McPhillips, discussed the traffic issues concerning 109th Street. He advised that Mr. McPhillips was in favor of leaving S.W. 109th closed at the top as well as closing the area below at the Summerfield location. He stated that Tigard's Comprehensive Plan calls for the designation of a local street. As a local street, S.W. 109th is dedicated to provide direct access to abutting properties and allow traffic movement in a neighborhood. The Comprehensive Plan defines local streets as those having 0 - 1500 vehicles per day, as well as speeds of 10 to 25 miles per hour. He said opening S.W. 109th would cause it to become a major collector and, thus, create the need for a CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 5 Comprehensive Plan Amendment. He said the grade on 109th is 15 - 17% and exceeds the engineering code criteria for development of streets whether they be major or minor collectors. He discussed locational criteria for apartment buildings, noting there should be access to major collectors or arterial streets. He further advised that access from the apartment complex should be to 99W. Opponents: o Betty Peck, 11000 S.W. Naeve Street, expressed her opposition to closing S.W. 109th at the bottom of the hill. She spoke about the 1974 County plan allowing traffic to flow to I-5 and Durham Road. i She said she favors leaving S.W. 109th as it is now to allow easy access east and west out of her neighborhood. o Cal Woolery, 12356 S.W. 132nd Court, Chairman of CPO #4, suggested the need for a transportation study dealing with King City and the adjacent unincorporated areas. He favored creating an alternative route for entrance and exit from the Triad apartment complex at Beef Bend Road and Highway 99. o Stephen McShane, Mayor of King City, compared the Triad project with the Riverwood Heights development immediately south of King City. He noted some similarities between this 240-unit project and the Triad apartment complex. He said there was much community participation during the planning of Riverwood. As a result, the developer ' was required to provide improvements to Fischer Road making a T-intersection with 99W and had to provide traffic signals at the new intersection. t; This allowed the new development immediate access:. to the major arterial in the area. v He explained King City favors locating the principle entrance and exit from the Triad complex: at the Beef Bend Road intersection, rather than pushing the new traffic volume of the Triad area onto 99W at Naeve Road. He further stated the developer has not given the Beef Bend Road option adequate study. King City also urges further study r of the street development on the south side of Bull Mountain. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 6 i o Beverly Froude, 12200 S.W. Bull Mountain Road, said the zoning designations have moved from R-4 to R- 12 and R-25 without a corresponding traffic management plan. She requested denial of the subdivision or remand to City staff for further study of transportation needs. o Art Greco, 10634 S.W. Cook, Pastor of the Covenant Church, represents the Covenant Development Corporation. Expressed the desire to work with the City and with Triad to develop a way to extend the Beef Bend Road as the primary access from the development, with safety as the main concern. o Larry Derr, representing the property owners north of the proposed Triad complex, agrees with previous testimony about the need for traffic study in the area. He favored following the guidelines set forth by the Comprehensive Plan. He opposed the Planning Commission decision approving the Triad Development. o Greg Weston, of Kampe Associates, a Civil Engineering and Surveying firm in Lake Oswego, stated he represented Triad Development at the Planning Commission. He said his firm designed the ! project which meets both the development code and 1. the Comprehensive Plan. He discussed the access ' and egress from the project site, stating staff t reviewed the submittal and approved it as satisfying all requirements of Chapter 18.108. He requested approval of the project. He clarified the proposal did not include street closures. He ! offered to have the project architect speak concerning the design of the project. He discussed i various options for dealing with the traffic issue. i o Dan Seaman is an associate with Kittleson and j Associates, a traffic engineering firm at 512 SW Broadway. He said his firm prepared the traffic study for this project; he presented overhead slides showing the site plan. He described the study methodology used in the traffic study which included studying and evaluating existing conditions as well as future traffic impact from the proposed development and additional future developments. He answered questions from Councilor Eadon concerning the traffic pattern where Naeve intersects with Pacific Highway. f C CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 7 o Paul Norr, 808 S.W. Alder, Portland, advised he t- was the attorney representing the applicant. He reiterated the project complied with the zoning code and Comprehensive Plan. He reviewed the Planning Commission's approval of the project, and noted that the Commission placed the condition of closure of S.W. 109th. e. Recommendation by staff: Community Development Director gave a brief synopsis of the options available. He recommended against closing S.W. 109th, because this does not appear to meet the Comprehensive Plan policies regarding creating a safe and efficient transportation system. He said the second option of leaving S.W. 109th open at both ends could violate some of the Comprehensive Plan policies. The third alternative is to approve some other option; however, since the full impact of those options has not been studied, he recommended voting against this approach. The fourth option is to deny the proposal and have the developer submit a new proposal with a direct access onto Pacific Highway at Beef Bend Road. This fourth option is considered by staff as the best approach. Community Development Director referred to the Comprehensive Plan locational criteria (12.1, 12.2, and 12.3), which basically requires direct access from a major collector or arterial street to be provided to medium-high density residential. Staff does not feel that those Comprehensive Plan policies have been met, and more studies are needed. He pointed out that a decision must be made within 120 days of the date the completed application was made, March 21, 1990. He recommended either asking the developer for an extension of 120 days, to allow further study, or deny the application. Councilor Schwartz brought up concerns about future development of properties to the north, south, and east. He disagreed with the suggestion that bringing S.W. 109th to a grade of 15% would be a safe choice. He favors studying the traffic issue further and including longer range projections. Councilor Kasten agreed with Councilor Schwartz concerning transportation, safety, and planning. He is in favor of studying these issues before deciding the matter. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 8 Councilor Eadon noted her agreement with Councilors Schwartz and Kasten with regard to the transportation and safety issues. Because of her concerns, she noted that her position was for denial application and she would not support the Planning Commission decision. f. Public hearing was closed. g. Consideration by Council: Mayor Edwards commented on the needs and desires of the residents of Tigard and Summerfield. He affirmed the need to study and implement improvements in the transportation system serving the area. Taking into account recommendations by the State, Police Department, and Fire Department, he concluded that there were two options: 1) Table the application for further consideration, or 2) Send it back to the Planning Commission for a complete review. Legal Counsel discussed the 120-day time limitation stating that no waiver had been received from the applicant, and referral back to the Planning commission or tabling the item would place the City in jeopardy of violating the time limit. Paul Norr, attorney for the applicant, indicated willingness to waive the 120-day requirement to keep the proposal alive. Motion by Councilor Kasten, seconded by Councilor Schwartz, to remand the proposal to staff for further study. Motion passed by a majority of Council present; Councilor Eadon voted "Nay." Council recessed at 10:13 p.m. Council reconvened at 10:25 p.m. 5. PUBLIC HEARING - PALMER ACRES STREET VACATION Consideration of a proposed vacation of portions of two undeveloped street rights-of-way located to the north and west of Palmer Acres Subdivision which is located south and east of Pacific Highway and Highway 217. The request was initiated by the City Council on May 14, 1990, at the request of Western Investment Company. a. Public hearing was opened. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 9 ...wv~f.Hj3:Ji+:u L..i:. we1.G.:.i ....l.a. :.1:.ss: r ....,.....:ti u.....«:....::.:....[L.. . • v n / b. Senior Planner Keith Liden reviewed the proposed vacation. Western Investment Management Company requested the vacation of two undeveloped street rights- of-way located to the north and west of Palmer Acres subdivision. He verified that requests for comments were sent to surrounding property owners and to all relevant utility companies and public staff. He said a petition had been received from property owners residing on 79th Avenue, who were concerned that there should be continued access for utility purposes within the 20-foot-wide right-of-way. They also indicated a desire to have this public roadway left in place until all affected residences were vacated. This allows them access to the back of the adjoining properties. C. Public Testimony: Mary Croom, 11720 SW 79th, Tigard, OR 97223 discussed the need for a utility easement and the preference to have the public roadway left in place until all affected residences were vacated. She clarified that the developer has an option to buy the remaining properties, so there should be no need to vacate the rights-of-way prior to final properties being vacated. d. Staff recommendation: Staff recommended approving the ordinance contained in the Council packet. The ordinance would vacate the right-of-way; however, in its place there would be an easement for the utilities until the utilities are removed at some future time. e. Council questions or comments: There was brief discussion about possible reasons for vacating at this time. It was agreed that the matter needed more study and should be tabled at this time. Petitioners will be notified of the hearing date. Motion was made by Councilor Schwartz, seconded by Councilor Kasten, to table this item to September 10, 1990. Motion passed by a unanimous vote of Council present. 6. PUBLIC HEARING (FINAL) - PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT (LID) On June 11, 1990, the Council received the final engineer's report and set the date of June 25, 1990 for a hearing on the final assessment roll. By ordinance, any objections must be in writing prior to the hearing. No objections were received. a. Public hearing was opened. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 10 b. Declarations or challenges: None. C. Summation by City Engineer: Staff recommends adoption of the ordinance. d. Consideration by Council: ORDINANCE 90-21 - AN ORDINANCE DETERMINING THE FINAL COST OF THE IMPROVEMENTS IN THE PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT, APPORTIONING THE COST AMONG THE BENEFITED PROPERTIES, SPREADING THE ASSESSMENT, DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING THE INTEREST RATE. Motion by Councilor Kasten, seconded by Councilor Schwartz, to adopt ordinance No. 90-21. Motion passed by a unanimous vote of Council present. i i 7. RESOLUTION NO. 90-45 - A RESOLUTION AUTHORIZING ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS Before Bancroft Bonds for the Pacific Corporate Center Local Improvement District can be issued, the City Council must authorize the issuance. Motion by Councilor Kasten, seconded by Councilor Schwartz, to adopt the resolution. ' i e The motion was approved by a unanimous vote of Council present. o- 8. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENV ZONE ORDINANCE AMENDMENT - CPA 90-00051ZOA 90-0001 To amend policies 3.2.2 and 3.2.3 of the Tigard Comprehensive Plan and Chapter 18.84 of the Tigard Community Development Code C to allow landform alterations in the 100-year flood plain for community recreation facilities, regardless of the land-use designation or zoning of the property. a. Public hearing was opened. b. Declarations or challenges: None. C. Summation by Community Development Staff: Senior Planner Liden stated staff recommended amendments to the Comprehensive Plan as well as to the Community Development Code to allow for land form alterations in the 100-year flood plain in areas designated as residential for community recreation, utilities, and public support facilities as defined in the Community Development Code. Staff recommended approval of the zone _ CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 11 E, u~ e ordinance amendment and the amendment to the Comprehensive Plan. There was discussion of conditional uses which would be allowed. Councilor Eadon expressed concern that businesses might be allowed to use the 100-year flood plain to generate income, where a business would otherwise not be allowed to maintain business activity. This pertains primarily to concession stands and sales of this type. d. Public hearing was closed. e. ORDINANCE NO. 90-22 - AN ORDINANCE AMENDING COMPREHENSIVE PLAN POLICY 3.2.2 AND 3.2.3 AND TIGARD MUNICIPAL CODE (TMC) CHAPTER 18.84, ALLOWING ALTERATIONS IN THE 100-YEAR FLOODPLAIN IN AREAS DESIGNATED AS RESIDENTIAL FOR CERTAIN COMMUNITY RECREATION, UTILITY, AND PUBLIC SUPPORT FACILITY USES, AND DECLARING AN EMERGENCY. f. Consideration by Council: Motion by Councilor Kasten, seconded by Councilor Schwartz, to approve Ordinance No. 90-22. Motion passed by a unanimous vote of Council present. 9. ORDINANCE CONSIDERATION - ADVANCE FINANCING (LATECOMERS) This item was set over from the June 11, 1990 Council meeting for consideration. The ordinance would allow developers to recapture a portion of costs of installing public improvements from other benefitting property owners. The ordinance establishes a formal procedure under which a developer (including the City) could install street, water and sewer improvements, and be reimbursed from property owners who utilize those improvements. This item was scheduled with opportunity for public comment; however, no one signed in to testify. a. Consideration by Council: b. ORDINANCE NO. 90-23 - AN ORDINANCE PROVIDING FOR ADVANCE FINANCING AND REIMBURSEMENT OF STREET IMPROVEMENTS, WATER LINE EXTENSIONS, AND SEWER LINE EXTENSIONS. Motion by Councilor Kasten, seconded by Councilor Schwartz, to adopt Ordinance No. 90-23. Motion passed by unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 12 10. EXECUTIVE SESSION: Cancelled. 11. ADJOURNMENT: 10:50 p.m. Catherine Wheatley, City Recoler ATTEST Ge ald R. wards, Mayor D e Transcription by Ellen P. Fox ccm625 CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 13 TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684.0360 Notice 7576 BEAVERTON, OREGON 97075 Legal Notice Advertising DECEIVED ❑ Tearsheet Notice JUN 29 1990 City of Tigard ' PO Box 23397 CITY OF TIGM ' Tigard, Or. 97223 • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION ipiip STATE OF OREGON, COUNTY OF WASHINGTON, )as' Ep~>ss 5 Q r 1 I, ud +h Koehler v~ ERG-T{'.,T1'~ being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard Times r x s3 gs a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti and n the ~5p *10'1 ON (5 afore aid county and state; that the' m .C r .dfi 3, t O nr.. equest for a portion of 2 unnamed streets r ~ _y' a printed copy of which is hereto annexed, was published in the C 'Q S ~r~ entire issue of said newspaper for f 1 Ve successive and consecutive in the following issues: 13 May 24, 31 and June 7, 14, 21, 1990 j' S , i ott#',~ Subscribed and sworn o before me this June 21, 1990 a zj Notary Public for Oregon My Commissi xpires: 19/93 AFFIDAVIT s ! k RECEIVED TIMES PUBLISHING COMPANY P.O. BOX 370 PHONE (503) 684.0360 Legal TT 7610 JUN 29 1990 BEAVERTON, OREGON 97075 Notice CITY OFTIGM Legal Notice Advertising aw 49.. selecteflragenda ~Iems ""t ; ° Further mfoimahonrand ful(a ~ ~ orrnaaonr City of Tigard a ,13125 S W Hall gdas~raa~ta~ ;Crty Re," 13 Tearsheet Notx 6 71 " „ ~W10evard, ~i W. gon ~ m*by PO Box 23397 ~w 4 . ° Tigard, Or 97223 • ~}(~N 11 Duplicate Affic ~L CQ i dlk i!` 43 auwdi} 3 i JilN95i?,19905' ' e '6 30PM STUDY r T1GARD`" GCEN7'ER~ 6425,SW IiALL.,$i0 igRD $tUdyr, ..s Agenda ~itN, • blic Aeann AFFIDAVIT OF PUBLICATION fln Site DeCvelopln%nk t STATE OF OREGON " } { , SDR,, c DexelopmenEPORYp:pMTdPk,~a COUNTY OF WASHINGTON, )as Palme Ac Stet V Oil ~rx ' s` t , -S20A 9(1 t 1, Judith Koehler ~ ~ 1CompnehencivePlan being first duly sworn, depose and say that I am the Advertising 81b lendfoi m aj e e t 3 Al Director, or his principal clerk, of the_ Ti hard Tines *t ceraposm the>100-ye8i r 4 P occomfiium recmaa on:facihties a newspaper of general circulatjon a$ defined in ORS 193.010 re~le~s Of the land and 193.020; published at TigarC! in the o fb 'a~j~ L aforesaid county and state; that the a 201ng C,IIIf i ra of f it, f nminn; malHearg Y~CIfiC a Business Meeting Fg~s E.Center"• ' try entS t V-4 `S a printed copy of which is hereto annexed, was published in the t zeNoyosale ' f w ~Bancroft;;l3on entire issue of said newspaper for Onep► rovetr`.ntDtstnct} -----.successive and ~ mat ()pnira~ ~~ey~, $~~Sid gw~a~g. F ~ consecutive in the following issues: w t 0)-Ww tlp~ t S MM, PP. b},Greenlaurg Rciad It Casc~ad v.o } T June 21, 1990 apIUUIMprgvement Executsve Session ; f 192 bb0 1(d}(e}.~& (urP~P USSQ- r; s y r yxr -FIRM • ARW d'rr a ti ~pproval~fs~'uarry3facewater ~Qr~~.~~(~1~~ j~~{°~$F',~~~y~^~?~~j, R `FY4 ~TTti~~~1NN S6~erage4.f~V 3R._V' 7 •t~rY C' _aW 1. r i`C4 ' coidmation Subscribed and savor to before me this 21st day of June 1990 adWaced Pumg~(e` • ~ ~ $r~,opporduut~for ubLc~x p~-alf~='`~.s ti , p4 't 1'G 4g$ Y ~~tj. S G u krt)1 ` y xF Notary Public for Oregon My Commiss n xpires: 6/9/93 a AFFIDAVIT f TIMES PUBLISHING C®M~ c VcD Legal TT 7602 P.O. BOX 370 PHONE (503) 684-036JUN 29 99.9 Notice BEAVERTON, OREGON 97075 CO OF WARD Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice P17B R-1Ntr~ > R PO Box 23397 ; O TI, s x 'f ; 9' • Tigard, Or 97223 • ❑ Duplicate Affidavi foltowu~g anll be consdeie(1 by thegaM fCitg Council Gn rune." 1990, at 7 3b P~VI , at~T Cinc Cefiter THallfl ~ 13125 tS • • Hall =Boulevard; Tigard; .gon from the Commuruty'Developrne~t Duec '`tom s the ' ' IM, g location or by,calhn ~ti ;tetyfrtiiv~vritteR te'. tunony .udv P1nn t . Wntt(n k pqY` be co~lt~ed a[,Rfte heaiv~~iThe pubhe '~ncted an ~ n corda C AFFIDAVIT OF PUBLICATION ce ih~ k h ttruppal oifie and ;y ~ ) `a Land= lpat C~ STATE OF OREGON, ) Hall ' ' r" v ~,s COUNTY OF WASHINGTON, )ss' SITE DE PME ` y t ` Judith Koehler NPREVIEWtSDR90-0004; r d PLANNEb DEVELOPMENT Pl)R X0.0002 TRIAD M11 being first duly sworn, epose and satthat I am the Advertising Director, or his principal clerk, of the II _Wd Ti mes f a ' CoDeve s a newspaper of general circulation as defined in ORS 193.010 Review6d~defailed Planr~edDeveb'itten w Y k P t approysl of a 364-u rut apart and 193.020; published at Ti.ga rd in the ?FMPOMP _X on a 27 2 acne PrQQ Y ZO1~E ~R 12 (p) (Restdent~al, 2 aforesaid cou and state; that the units✓acne Planned Development) and R 25 x (PD) (Restdenha'I„ ~5 s Public nty Hearing/ SDR 90-0004 units,(aKY 4~nn ,DeveWpmei1vU CATION S V. 109th~pvetltie ai d TOTM u 1QAD`tex lot'9300~2S1~IQAC fail lets a printed copy of which is hereto annexed, was published in the SYe4s G00, 7 ,900, and Z11 B, tax lots 100 and 200) n " entire issue of said newspaper for Oppsuccessive ardti,1tt~ xi s consecutive in the following issues: PALIMER CRE$ S m,FVACATlOIT vat op~1 Pub To an;undeve>< t~xad scent Ia talot 2200bf June 14, 1990 ;the =titalt is 36C-D, d,taa wicam I2S IBA ' _ . . ap a ; IR the Ci_A ; ','T1 ,`~aS gton`CoUiit}r, OregoR""~f t7h cn 3~}6s~f~, '{'Sr_.,~i'n ~ vat -~F 5,,~,+, 4 t 1L~CTO~b♦IP~R~vEpHE~rtTSIYEP~L+:wAN ei L r r +0 iCL11YtfLil WMNDiraISlY 5 r To amend hcic, .2 and 3.2 3'it the 15 ,Com~rebensl iChig- ~pmen c 14th day of June 1990 ons~ tli~100- r Subscribed and swot to before me this fac pec year fl plain fop cpmmuR `ardless` land use'dest~iauon ot',~onu~g ofd k t ~~t a,Sa 1'+~ < i Yflf.r une 14 1990 gay' Notary Public for Oregon Tl7~i61~'ubhsh J " `1f s t "YN~-~.Cr•5'kAS'~tJ`S'5~"Yfa_' My Commiss xpires S „ , s AFFIDAVIT CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, begin first duly sworn, on oath, de and say: That I posted in the follaa public and conspicuous places, a copy of Ordinance Number (s) ~ - / ~I y - - .3 which were adopted at the Council Meeting dated (P 11) 5' CIO capy(s) of said s~(s) be' ereto attached and by reference made a part hereof, on the date of l~llY~ A , 1990. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. US National'•Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this date of 19 -D . Notary Public for Oregon my Comission Expires: / ke/GWPOST CITY OF TIGARD, OREGON ORDINANCE NO. 90-i ;?l AN ORDINANCE DETERMINING THE FINAL COST OF THE IMPROVEMENTS IN THE PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT, APPORTIONING THE COST AMONG THE BENEFITED PROPERTIES, SPREADING THE ASSESSMENT, DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING THE INTEREST RATE. The Council finds: 1. The Pacific Corporate Center Local Improvement District was formed and the improvements directed to be made by Ordinance No. 89-14 as amended by Ordinance No. 89-28. 2. The improvements have been made in accordance with the final engineering report adopted by Resolution No. 90-32. The report contains a proposed assessment roll. 3. The total. final cost is the sum of $2,244,234.11 and the assessments against the individual properties are as set forth in the assessment roll - and the Council finds that each property is specifically benefited in the stated amount. 4. Notice of the proposed final assessments was directed to be given by Resolution No. 90-32. 5. Notice of the proposed assessment for each property was mailed to each property owner on June 12, 1990. The notice advised the property owner of the opportunity to object in writing to the proposed assessment and that written objections would be considered at a public hearing. The public hearing was held on June 25, 1990. 6. No property owners filed written objections. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The final total cost of $2,244,234.11 shall be assessed against the individually benefited properties as apportioned in the attached assessment roll entitled "City of Tigard, Pacific Corporate Center L.I.D. Final Assessment Roll" and dated June 11, 1990. Section 2: The Finance Director shall mail an assessment notice to each property owner and the notice shall state the amount of the assessment which is due immediately and that applications may be made to make installment payments; such applications shall be reviewed by the Finance Director for eligibility. ORDINANCE NO. 90-Q-L Page 1 Section 3: The Finance Director is directed to enter each benefited property and the amount of the assessment against the property as shown on the Final Assessment Roll for Pacific Corporate Center Local Improvement District dated June 11, 1990, in the lien docket of the City separate from other prior or subsequent assessments and the same shall constitute a lien against each respective property and bear the interest rate of the net effective interest rate of the bond at the time of the bond sale plus a two percent charge until paid. PASSED: By _Un i ul i M QU5 vote of the Council members present after being read by number and title only, this o75 day of of , 1889. ' IArrv Catherine Wheatley, City Recorde!E f~l APPROVED: This 5 l day of 1989. j er'a d R. wards, ayor Approved as to form: ` t i Attorney Date dj/o-fc-pcc.RW ORDINANCE NO. 90--S?L Page 2 i CITY OF TIGARD PACIFIC CORPORATE CENTER L.I.D FINAL ASSESSMENT ROLL June 11, 1990 Plat Lot Tax Map & Lot No. Lot Area Assessment Lot 1 2 S1 12 AD 1000 & 1001 161,520 of. $155,660.68 Lot 2 2 S1 12 DA 800 338,156 of. 325,888.32 Lot 3 2 S1 12 DA 700 235,485 of. 226,942.19 Lot 4 2 S1 12 DD 1600 & 2 S1 12 DA 600 251,385 of. 242,264.78 Lot 5 2 S1 12 DA 500 & 2 S1 12 DD 1400 217,800 of. 209,898.44 Lot 6 2 S1 12 DA 400 270,072 of. 260,274.06 Lot 7 2 S1 12 DA 300 151,676 of. 146,173.27 Lot 8 2 S1 12 DA 200 206,736 of. 199,235.60 Lot 9 2 S1 12 AD 900 495,887 of. 477,896.77 The owner of record of these parcels is: Pacific Realty Associates, L.P. dba PacTrust 111 S.W. Fifth Avenue, Suite 2950 ( Portland, OR 97204 Assessments should be directed to the attention of Richard Buono, Vice President at the above address. dj/exb-poc.RW CITY OF TIGARD, ORBOON ORDINANCE NO. 9o- ZZ AN ORDINANCE AMENDING COFEREHENSIVE PLAN POLICY 3.2.2 AND 3.2.3 AND TIGARD MUNICIPAL CODE (SIC) CH1%P= 18.84, ALU I NG AMMATIONS IN THE 100-YEAR FIAODPIAIN IN AREAS DESIGNATED AS I " N.L'IAL FOR CERTAIN COMMUNITY RECREATION, UTILITY, AND PUBLIC SUPPORT FACILITY USES, AND DECLARING AN RM~M=. YEAS, Camprehensive Plan Policy 3.2.2 and WC Chapter 18. 84.040 prohibit any land form alteration or develcUne it within the 100-year floodplain in an area designated as residential on the Ccuprehensive Plan Land Use Map; and WHEREAS, the city council considers certain uses within the canmu ity recreation, utility, and public support facility categories as defined in the Cce[nmity Development Code Section 18.42 appropriate in the 100-year floodplain in areas designated residential; and WHEREAS, Comprehensive Plan Policy 3.2.3 sets requirements. for allowed land farm alterations and develoianents within the 100-year floodplain; and WHEREAS, certain requirements required by Cmprehensive Plan Policy 3.2.3 may not be necessary in some cases; and WHEREAS, the Park Improvement le-.7 implementation cannot proceed without these amendments. THE CITY OF TIGARD ORDAINS AS FOLIDWS: SDCPION l: CcuWehensive Plan Policy 3.2.2 and 3.2.3 and TMC Chapter 18.84 is hereby amended as in Exhibit A; bracketed portions are deleted, underlined portions are added. SEMON 2: An emergency is hereby declared to exist inasmuch as it is necessary for the health and safety of the people of the City that park improvenexxts proceed as planned; therefore, this ordinanoe shall become effective inmedi.ately upon passage by the City Council, approval by the Mayor, and posting by the City Recorder. ORDINANCE No. 90- c)a Page 1 PASSED: By U n CEY11 M p U 5 vote of all Council members present after read by rnmiber and title only, this day of G~~, 1990. therine Wheatley, City Record APPROVED: Mi s o~J &A day of , 1990. Geral R. Edwards, Mayor Approved as to form: - J C ttorney Date ORDINANCE No. 90- Page 2 ESHIBIT 'A° COMPREHENSIVE PLAN POLICIES 3.2.1 THE CITY SHALL PROHIBIT ANY LAND FORM ALTERATIONS OR DEVELOPMENTS IN THE 100-YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100-YEAR FLOODPLAIN. 3.2.2 THE CITY SHALL: a. PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY*, EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION AND MAINTENANCE OF THE ZERO-FOOT RISE FLOODWAY*; AND b. [PROHIBIT] ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT IN THE FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOODWAY* [EXCEPT AS- FOLLOWS:] WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY* PROVIDED: 1. -[LAND FORM ALTERATIONS SHALL BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY*.] THE LAND FORM ALTERATION: AND/OR DEVELOPMENT IS IN AN AREA DESIGNATED COMMERCIAL OR INDUSTRIAL ON THE COMPREHENSIVE PLAN LAND USE MAP. AND FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED; OR 2. [LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE BOTH SIDES OF THE FLOODPLAIN* ARE DESIGNATED AS EITHER INDUSTRIAL OR COMMERCIAL ON THE COMPREHENSIVE PLAN MAP, AND THE FACTORS SET FORTH IN POLICY IV.B.3 CAN BE SATISFIED.] THE LAND. FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY RECREATION USES, UTILITIES, OR PUBLIC SUPPORT FFACILITIES AS DEFINED IN CHAPTER 18.42 OF THE COMMUNITY DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED [3. LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE ONE SIDE OF THE FLOODPLAIN* IS PLANNED FOR COMMERCIAL AND INDUSTRIAL USE SUBJECT TO THE FOLLOWING LIMITATIONS:] [(a) THE LAND FORM ALTERATION OR DEVELOPMENT IS ON LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP FOR COMMERCIAL OR INDUSTRIAL USE;] [(b) THE APPLICANT CAN SHOW THAT ALTERATIONS OR DEVELOPMENT INTO THE FLOODPLAIN* IS REASONABLE AND NECESSARY TO BETTER THE ECONOMIC USE OF THE SITE;] [(c) THE FACTORS SET FORTH IN POLICY IV.B.3 CAN BE SATISFIED.] 3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE 100-YEAR FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOODWAY*, THE CITY SHALL REQUIRE: a. THE STREAMFLOW CAPACITY OF THE ZERO-FOOT RISE FLOODWAY* BE MAINTAINED; b. ENGINEERED DRAWINGS ANDLOR_ DOCUMENTATION SHOWING THAT THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET (See FIS September 1981); C. A BUFFER, EITHER EXISTING OR PLANTED, ON THE COMMERCIAL OR INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH IS OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING; AND d. THE DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100-YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. * The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981. 3.3 NATURAL RESOURCES Findings o Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard•s planning area within Beaverton and Washington County. o There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits, which is operated by Washington County. POLICY 3.3.1 THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF WASHINGTON COUNTY, BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK MINERAL RESOURCES. COMMUNITY ;DEVELOPMENT CODE 18.84.040 Approval Standards A. The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request within the 100-year floodplain: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary; 2. [Thal [1]Land form alterations or developments within the 100-year floodplain shall be allowed only in [an] areas designated as commercial or industrial on the comprehensive plan land use map[;]t except that alterations or developments associated with community, recreation uses. utilities, or public support facilities as defined in Chapter 18.42 of the community Development Code shall be allowed .in areas designated residential subiect to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obti:ined; and i 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in i accordance with the adopted pedestrian/bicycle pathway plan. C R. The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. Where natural vegetation has been removed due to land form' alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. C. The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a sensitive lands permit within drainageways: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the city shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52) IL s I j.- CITY OFTIGARD D- ORDINANCE NO. a3 AN ORDINANCE PROVIDING FOR ADVANCE FINANCING AND REIMBURSEMENT OF STREET IMPROVEMENTS, WATER LINE EXTENSIONS AND SEWER LINE EXTENSIONS WHEREAS, the City may require or agree that a property developer shall construct street, water and sewer improvements which benefit adjacent property owners and relieve those adjacent property owners of installing such improvements; and WHEREAS, the City Council finds it equitable to impose a connection charge on adjacent property owners who are benefited by such street, water and sewer improvements; and WHEREAS, the City Council finds that using such connection charges to provide reimbursement to the developer who installed street., water and sewer improvements encourages such improvements to be made in a uniform and planned manner; now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: section-I. The Tigard Municipal Code shall be amended by adding Aff Chapter 13.08 to read as follows: 13.08.010 Definitions. (1) City Engineer or Engineer. The person holding the position of City Engineer or any officer or employee designated by that person to perform duties stated within this ordinance. (2) City. The City of Tigard. (3) Person. A natural person, the person's heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent employee or any representative thereof. Unless the context clearly indicates otherwise, person shall not mean the City of Tigard. (4) Street or Street Improvements. Conforming with standards in the Tigard Community Development Code and including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right- of-way. ~i Ordinance No. n_a73 Page 1 (5) Water or Water Line Improvements. Conforming with standards in the Tigard Community Development Code and including but not limited to extending a water line adjacent to property, other than property owned by the person, so that water service can be provided for such other property without further extension of the line. (6) Sewer or Sewer Line Improvements. Conforming with standards in the Tigard Community Development Code and including but not limited to extending a sewer line adjacent to property, other than property owned by the person, so that sewer service can be provided for such other property without further extension of-the line. (7) Zone of Benefit. The area which is determined by the City Council to derive a benefit from the construction of street, water or sewer 'improvements, which is financed in whole or in part by a person or the City and includes property, which abuts the street, water or sewer improvement, utilizes the street, water or sewer improvement or has the opportunity to utilize such an improvement. street, water and sewer improvements must be greater than those which would otherwise ordinarily be required in connection with an application for permit approval in that.they relieve adjacent property owners of installing such improvements. Examples include but shall not be limited to full-street improvements instead of half street' improvements, off site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. It is anticipated that the zone of benefit for purpose of this ordinance will be different from the area of benefit as described under the City's local improvement assessment procedure. • (8). Recovery Agreement Connection Charge or Connection Charge. The fee required to be paid by Council resolution and the recovery agreement. The Council resolution and recovery agreement shall determine the boundaries of the zone of benefit and shall determine the methodology for imposing a fee which considers the cost of reimbursing another person for financing the construction of a street, water line or sewer line within the zone of benefit. 13.08.020 Formation of the Zone of Benefit. (1) Any person who is required or chooses to finance some or all of the cost of a street, water or sewer improvement adjacent to property, other than property owned by the person, so that the owner of Ordinance No. ~U"a 3 Page 2 adjacent property is thereby relieved of such requirement, may, by written request filed with the City Engineer, request that the City establish a zone of benefit. The City may also initiate formation of a zone of benefit. (2) The City Engineer shall review a request for the establishment of a zone of benefit and evaluate whether a zone should be established. The Engineer may request the submittal of relevant information from the person making the request in order to assist in the evaluation. The Engineer shall prepare a written report, for the city council considering and making recommendations concerning the following factors: (a) whether the person making the request has financed, or has been required to finance some or all of the cost of a street, water or sewer improvement and thereby provided an adjacent property with improvements which would otherwise be required of the adjacent property; (b) the area of the zone of benefit, the zone formation date, and the date when the right of reimbursement ends. The date IL when the right of reimbursement ends shall not extend beyond ten years from the zone formation date, except that the City Council may, by resolution, authorize up to two five-year extensions of said deadline, at the Council's option; (c) the actual cost of the street, water or sewer improvements within the area of the proposed zone of benefit and the portion of the cost for which the person making the request should be reimbursed; (d) a methodology for spreading the cost among the parcels within the zone of benefit and where appropriate defining a "unit" for applying the connection charge to property which may with approval be partitioned, altered, modified, or subdivided at some future date. The methodology shall consider the cost of the improvements, prior contributions by adjacent property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other relevant ordinance No. ~O a3 Page 3 factors as deemed relevant by the City Engineer; (e) the annual percentage rate which shall be applied to the connection charge on the anniversary date of the reimbursement agreement as a return on the investment for the person or the City. The percentage rate shall be fixed and determined by the Council and computed against the costs as spread among the parcels within the zone of benefit. Factors that the Council may consider in determining the percentage rate include, but are not limited to, the cost of any financing (including prepayment points, prepayment penalties and loan fees and the actual percentage of interest paid by the person who is carrying the cost of the improvement, and opportunity costs lost). (3) The cost to be reimbursed to the person making the request shall be limited to the cost of construction, including the acquisition and condemnation costs of acquiring additional right-of-way, the cost of-permits, engineering and legal expenses, interest charges, administrative expenses and the annual. percentage increase fixed and determined by the Council. (4) The portion of the cost to be refunded shall be computed by the city on all properties which abut or are adjacent to the improvements, including the property of the applicant for formation of a zone of benefit; The applicant for formation of the zone of benefit shall not be reimbursed for the amount of the improvement costs computed on the property developed by-the applicant. (5) The Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The Council has the sole discretion to decide whether or not a zone of benefit is to be established. The Council's decision shall be embodied in-a resolution. If a zone of benefit is established the resolution shall include the City Engineer's report as approved or modified, and specify that payment of the recovery agreement connection charge, as designated for each parcel, is a precondition of receiving City permits applicable to development of that parcel as provided for in Section 13.08.030. Ordinance No. Page 4 (6) The City Recorder shall cause a copy of the resolution establishing a zone of benefit together with a description of all affected properties to be filed in the office of the County Recorder so as to provide notice to all affected property owners. Said recording shall not create a lien. Failure to make such a recording shall not affect the legality of the resolution or the obligation to pay the recovery agreement connection charge. (7) The City Recorder shall also notify all affected property owners by mailing to them at their last known address a copy of the resolution. (8) An affected property owner may petition the City Council for a hearing at which the Council will consider and rule upon any objections to the zone of benefit charge. (9) No petition or other legal action intended to contest the connection charge, including the amount of the charge designated for each parcel, shall be filed after 60 days following adoption of a resolution establishing a zone of benefit. 13. Obligation to Pay Recovery. AAgreement •Connection Charae. (1) An owner of property within any zone of benefit shall pay to the City, in addition to any other applicable fees and charges, the recovery agreement connection charge established by the Council, together with the accrued interest rate, if within ten (10) years from the zone formation date or within the time specified in the resolution establishing the zone, the owner applies for and receives approval from the City for any of the following activities: (a) A building permit for a new building, (b) A building permit for any addition, modification, repair or alteration of a building, which exceed twenty-five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building's true cash value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster, j Ordinance No. q6)-c)3 Page 5 (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Tigard Community Development Code in effect at the time of permit application, (d) Connection to the water line, if the water line is subject to a recovery agreement connection charge, (e) Connection to the sewer line, if the sewer line is subject to a recovery agreement connection charge. (f) Connection to a street, if the street is subject to a-recovery agreement connection charge. (2) The City's determination of who shall pay the recovery agreement connection charge is final. Neither the City nor any officer or employee of the City shall be liable for payment of any recovery agreement connection charge, accrued percentage rate, or portion thereof, except that the city will be responsible to pay any charge levied against property owned by the City and located within the zone of benefit. An applicant for the formation of a zone of benefit shall agree to defend and indemnify the City from any claims arising as a .result of or related to the City's approval of the application, provided that the City has acted reasonably. (3) The right of reimbursement is assignable and transferable after written notice is delivered to the City, advising the City to whom future payments are to • • be made. (4) The City shall establish separate funds for each zone of benefit. Upon receipt of.a connection charge, the City shall cause a record to be made of that property's payment and remit the charge to the person who requested establishment of the zone of benefit or their assignee, less an amount equal to five percent (5%) of the charge for administration of the agreement by the City. The applicant may petition the City Council for a reduction in the administration fee on the basis that a five percent charge would be inequitable. Ordinance No. Page 6 (5) No person shall be required to pay the recovery agreement connection charge on an application or upon property for which the connection charge has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in subsection 13.08.030(1) unless the recovery agreement connection charge, together with any accrued interest, has been paid in full. Where approval is given as specified in subsection 13.08.030(1), but no permit is requested or issued, then the requirement to pay the recovery agreement connection charge lapses if the underlying approval lapses. 13.08.040 Applicability. (1) Application for formation of a zone of benefit may be made at any time but shall be made no later than three months after completion and acceptance of the street, water or sewer improvements. (2) A person whose property is subject to payment of a recovery agreement connection charge receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. IL (3) The recovery agreement connection charge is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. Ordinance No. C Page 7 Section 2. Severability. The sections of this ordinance are severable. In the event any portion or provision is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect and shall in no way be affected or invalidated thereby. " PASSED AND APPROVED this Q- - da of , 1990. era wards, Mayor ATTEST: Catherine Wheatley, City R order APPROVED AS TO j y Attorne Date mmd\tigard\reiaburs.ord Ordinance No. Page 8 AGENDA ITEM # 2 - VISITOR'S AGENDA- DATE 6/25/90 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED h a S G-/ L' cc h a~ a 5 w a-ti T o ti n r r.t 44't-r? 1 :L 3 0 f 4L./ k .a s, r/ -~fs7-11A, DATE 6/25/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGENDA I.1'SM NO. 4 - APPEAL PUBLIC HEARING - SITE DEVELOPNENT REVIEW SDR 90-0004 PLAN DEVELOPMENT PDR 90-0002 - TRIAD. NPO #6 Proponent (For Issue) (FOR S71REET Opponent (Against Issue) (rrAQ4STT S2REET • ~tik,k~k~k~eilc*ic**~t****~t~k~kyt~IF*~k~EF~F'~F~**~k*** *~E~t**#***~t~t****iE#*~c*~E********`1!'~7~iFX'7F~***ie Name, Address and Affiliation Name, Address and Affiliation PLEASE PRINT c~ ~ o je-og ~G P ( J.gtsd LO29/, 9Dr Ti „v 603 11 W Crx, ~2 Z►7 J1 K-6 40 K-A ~ /SSSSbG. ~~~r3 O 7 'k, DATE 6/25/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGEHM ITM NO. 5 - PUBLIC EFJUUJNG - PALMER ACRES STREET VAr-W10N Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation IX-ooni o S u.1 q9-a- DATE 6/25/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGENDA ITEM NO. 8 - COMPREHENSIVE PLAN A NI!/ZONE MDIl3ANCE AMEMSM - CPA 90•-0005/ ZOA 90-0001 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation P PRIM DATE 6/25/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGEMA I'tM NO. 9 - O WINANCE CODiSTWMCK - ADVANCE FINANCING' (LATE=4W' S ) 0RDINANCE i Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation PLEASE PRINT t r i i i 7 t f a t f S l' L t i. 1 e`~ ~n a n ti ~l'lllj'1•III 1(I III I I I I~I I I Ili I I I I I ~I III 177 r~f..i..i I I I I I T 1 1 1 1 1 I I 1 1 1 „F.«, w~ . _ ~ L. I IIII l I.I. l.L.I-I L.I L.II L I 1 T I-I-I ~I I L. I_I _I.-~1 ~ I I ~~II_I.I_I I~~II~iIII~lh~lll~~l~IIIIILIII~lllllil!IIIIIIIIIIIIIIIlI111IIIIlIIIIIIlI111IIII1611 -Qr`~.-.-""-~^~'L.: r. _ I , 2 3 4 _ 5 '6 7 8 8 IIO II 12 I - NJTE: IF THIS-MICROFIUIED _ DRAWING IS LESS CLEAR THAN ! ~ Ifr; , _ 1Hi5 NOTICE,'7T IS DUE•'TO I ~ i' • 111E QUALITY OF THE ORIGINAL 1 DRAWING. _ _ 'i~ ' I OE 6Z 8Z LZ 9Z SZ bZ EZ ZZ IZ OZ ~ 61~BI ~LI 91 SI'' bl EI ZI I( OI 6 B L 9 S w b E Z I~wir _ ' ' inl IIIIII111 ulllull nRIUUIRIIIIUIIUIIIIIII~gpIIUIIIIUIuuIulllulllullllllllllllll111IIII~IIIIIIIIlI11yI1t~II11~lII1S1~U IIiIIIUIII III uI~IIIIIIIIIIII~IIIIU~IIIIIIIIIIIIIIIIIIIIIIIlII111WIWIIII~IUIIIUIIIIIIIIIIIIIIIlI11uIHpIp~IIWIIlUll~1WU1lIIlIIW11WI1111 I ; pt~ _ . i ri , , R AR, _ . _ _ t 5 v SAND 3 ~ ART 9 11 I I 2 NOME SCIENCE SCIENCE I COVERED CHORAL EC. , .I PLAT I~ 12 I STORAGE STAFF REgg1FCE I I-- r.+s' 111 ~ _ , STORAGE STOR r I . I l • N T o 1 ! scIENCE 15 13 T ~ lcitcNEN I I _ O COMMONS STAGE I I LOCK€R ~ UIOpC I . . I I I 1 P scIENCE ICS 14 sTOR I I i I OSBT rawun LOBB LOBE G P. gpMp,~l o 0 o cw FEBCUR:E CUST. MDUSTRIAL ARTS G Ise VP. HeaLTH f 0 I I 24 23 I o I I I IS 1~ I I I I I 22 21 I I o 104,000 5F. I I 2,a 19 I I I TMS3-7 - FL00 - / R PLAN ~ ~ I'=40'-©' TMS3-1 0386/90 U6/25/91) VISITOr~S AGENDA, i or- _ , m r - t~ I I i i~~ , _ ylll 1~1 III III Ill III III III IIIJIII III III"Illjlh ~ --I _ l.."_ 1_. Illti 'I III ill fl_ I I III_(h ill I I III III III I~I 1 III ~ I~1`I T I 1 I I I III I I I I I I NII ,r,, , I I' I I I I I. h -I. I. I TCrlr(I1 Il_I l IIl T1 rll ~I- I I _ . , I.1_I III ! I "I I LI I I I I l I i r I , _ ~ I 2 3 4 _ 5 6 7 8 9 h0 I I . _...12 I NOTE: IF THIS MIC~FILMED - .....r._ ~ ~ . DRAWING IS LESS CLEAR THAN i.=, ~ " THIS NOTICE,`IT IS DUE~'f0 ~ ' THE.QUALITY OF THE ORIGINAL , _ DRAWING. ~ ~ i OE 6Z 8Z LZ 8Z SZ, 6Z EZ ZZ ~(Z OZ 61~BI LI 91' `51 ~bl EI ZI II 01 ~ 6 B L 9 S b E Z IH.,r i I1 i .nilnuluulm{Innluuhwln4hulluuluulnnl(quluuluullwllulluldnil6mhmluU61111uullul~ull~Ill~llf(I~IIIIIIIIIIOIIII~UIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIIILIUIWU~II~ulluu6iuluu6lnbwl~n~Iuuluu~u~wltluliwluulun ~ - 9' I~~~ .f _ . _ EBRUAR,Y 1 ~ , , ~.._r_ I auto yard 6 5 . I 115 ~ I 1 ALTERNATE 'I I I III60 er I I , is la 2 la ~ la I la I I I I I I service ~ tr wr nn s ~pa~ch f.OUrt I IOIO 4000 fl la uap la ¢ I I le ¢ I I 2 ~ # ~ 668 fl aTOm la la Qp I T OC rye ch la tech ed I 12 2 5A4 kttdxn OII preach lockers IIO 960 girls fl t iiiMC Cg ■i ~ I reee, 2000 I I # ~ omm e draft mini commons _ fl ~ Q media I #~x ' t { c s v I b 10335 ~ ~Y 0 car 'll 0 I D n d,.,,. ~ , FI*ri a~ ~C ~I~~~ ® om MEDIA ~ ~ ~ ff~'I etoraae ® m ' ~I~ w ~~I I inn iw I UPPER `C.7' # ~ ~ Jour tp I . ~ C C O nu {p • III o 0 o o book ~ # • .s I room I g~~ 0 0 o acct es ¢ f~C41 ett o ® ~ ICCC ee ss ®y Q ®®Q ®0 C ® mini commons i ® 9~ { I I I t bio ee ee Wr 1 m sa fC 3615 o I s~ ❑ 8B8Beoo I I m Cd wt rm ° ~ aZ~a~°o 3a13 lockero z ® Q O p o , ,o o a o e baye ee 66 I I m ¢ I m o 0 o I I ~ 1, ®Ntp I • I drama band I I m l I I I I I le2m ee es 2 m 2 m l r--------LL_-----I I m I I I I I p ~ I I I UPI''~R LEv=_'! I future growth I I I future dnolr MAIt`l L=VcL I I I I I I arah I I I I I I L__ ` I I II II scheme 897x7d i' 60' 6!19/90 phaee 2 - 184<15 H main level I I dudltofNm ~ I - I I IB0'13 I 21300 ~r upper level claw p6/^^<5/91? VISITGI~S AGENDA I I I 205115 total ~ - - I I I 2 OF 2 F., y ._-ro.~a k wa..m9.,.+.ve,w.s.w.:ACmm+tn+ - ~-,_.,._I :~iuu~.ra.~.._::_ .III, F IIIII I111IIIIII IIIII LIIf,I,l..l_IIjIIThr~l'1~1 II~II ITI'1I IIII:..IIII_I~.~ I I. I I I ~ I I I I 1 1 ~ I I I, I I I, l, -I..f.. _I. I I- I T. ~,f_; I I T I I I I I f11 111 Ilr _II III ILI III 111 III 1 1 III I I I 1 1 1 1 1 1 1 1 1 III I I I 1111, 1 I I J I I I I-. I- ~ l ~~a _ _ f' i_.I .I L I I I I ► I ,I I 2 3 4. 5 6 7 8 8 10 II _ 12 NOTE: IF THIS MICROFILMED - DRAWING IS LESS CLEAR THAN r... ~ ~ - THIS NOTICE,"LT IS OUE~7D ~ - - - ~ - - THE:QUALTTY OF TF~ ORIGINAL ~ „~z- 'DRAWING. _ , - I I oe sz ez ci ez sz, ez ez za `Iz oz, sl el tl al sl bl el zl a iii ~ e~ e t a s b e _i I~«+ i!I ~IIIIIIII IIIIIUN~uuluu IuIlulJullllullln161M1 HI),UllnulunluullllllllllllllllllullNllullll I uullnllllilllll IIIIIIAI III 8[Ilmlll IIIIIIIII~IIIIIyIIIIIIIIIIIIIIII~IWrl111W~rLDIIIHIINUIIIIIhlnll Wllll~~lllll)1~1111111N _ . ,r.-~ 1 I ~~'E~R ARY T-_- _ ' i TIGARD PUBLIC SCHOOLS, DISTRICT 23J Administration Office 13137 S.W. Pacific Highway Tigard, Oregon 97223 Area Code (503) 620-1620 A Resolution Recognizing the Contribution of the City of Tigard Whereas, the City of Tigard and School District 23J are both experiencing unprecedented growth and development; and Whereas, it is crucial to the quality of life in this community that the city and the school district work together to provide the essential services necessary to keep pace with this growth; and Whereas, city staff members have done an excellent job of keeping the district informed about future developments and have been sensitive to the impact these developments will have on our schools; and Whereas, city staff members have developed an excellent working relationship with the Tigard Schools District; Now, Therefore, Be It Resolved by the Board of Directors of School District 23J that the City of Tigard be commended for their efforts in creating a partnership with the school district to keep pace with the community's growth. w tilperintendent June, 1990 I r- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25, 1990 DATE SUBMITTED: 6/14/90 ISSUE/AGENDA TITLE: Bid Award fort PREVIOUS ACTION: Walnut Street safety Im rovement.//~ Pro ect i PREPARED BY: Gary Alf son DEPT HEAD OR ITY ADMIN OR ' REQUESTED BY: t PO ICY ISSUE C F Award construction contract for the Walnut Street Safety Improvement Project. =.e=e=~ ___=====a==e=a=see==see==========ce=esec=emcee=se===se==esv==e._==c=~==c INFORMATION SUMMARY The project provides for sidewalks along the south side of Walnut from Pacific Highway to the City limits near 106th Avenue, widening of the Grant Avenue intersection to provide. left turn lanes on Walnut Street, storm drainage, improvements on Walnut and on Grant from Walnut to the Charles F. Tigard School, and streetlight upgrades. r. Three bids were received as follows: Eagle-Elsner, Inc., Tigard $282,111.00 r` Oregon Asphaltic Paving, Portland $312,270.40. Baker Rock, Beaverton $338,914.40 } The engineer's estimate was $267,870.00 ALTERNATIVES CONSIDERED F. 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL IMPACT 1 E This project is funded through the Major Streets Bond approved in November, 1988. This project also includes a Storm Drainage Capital Improvement Project approved March 26, 1990. SUGGESTED ACTION i That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with Eagle-Elsner, Inc. dj/ss-ba-w.GA i l 3.a b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25. 1990 DATE SUBMITTED: 6/14/90 d PREVIOUS ACTION: ISSUE/AGENDA TITLE: Bid Awkp= for Greenbur Road at CascadTraffic Signal PREPARED BY: Gary Alfson DEPT BEAD OYC CITY ADMIN O REQUESTED BY: ICY ZSSUE Award construction contract for the Traffic Signal installation at Greenburg Road at Cascade Boulevard. INFORMATION SUMMARY This project provides for the installation of a complete traffic signal system including emergency vehicle pre-emption. Two bids were received as follows: M & J Electric, Portland, Oregon $83,137.15 Cherry City Electric, Eugene, Oregon $95,820.00 The consultant engineer's (Mackenzie Engineering, Inc.) estimate: $89,400.00 ALTERNATIVES CONSIDERED 1. Award the contract to the lowest responsible bidder. 2. Reject all bids FISCAL IMPACT t This project is funded through the 89-90 Street capitol improvement program. - S SUGGESTED ACTION { i 4 That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with M & J Electric. dj/ss-ba-gc.GA 4 3, 3 t CITY OF TIC", OREGON COUNCIL AGENDA ITEM SUMMARY - AGENDA OF: June 25, 1990 DATE SUBMITTED: June 18, 1990 ISSUE/AGENDA TITLE: Metro dLmip fee PREVIOUS ACTION: November 1988 increase Rass thr ! T,,7 J PREPARED BY: Ao"We leY DEPT HEAD OK CITY AD= O 5' L/ REQUESTED BY: P`C ISSUE 'IMC Section 11.04.090(c) provides that increases in charges to the solid waste disposal franchises for disposal site fees imposed by a Governmental Agency may be included in consumer rates established by resolution provided they are evenly distributed among the rates. E ti 4 INFORMATION SUMMARY ; The Metropolitan Service District (Metro) will increase dump site fees on July 1, 1990 by $10.25 per ton. The last such increase was effective on November 1, 1988 and was an increase of $25.80 per ton. In order to pass the dump fee increase on to rate payers in accordance with the TKC, Council must adopt a resolution to reflect the increase in the solid waste rates. Y This increase translates into a $.75 per month per can increase in the C residential rate or an increase of 7.3% over the current residential rates. i 3 i f e ALTERNATIVES CONSIDERED 1. Approve the incorporation of the dump fee increase into the solid waste rate schedule. 4 Z' t 2. Do not approve. f FISCAL IMPACT h 1. Franchised haulers will recover dump fee increase effective July 1, 1990. t Increases franchise revenue to City an estimated $3,000. t 2. Franchised haulers will not recover increased costs. } f. SUGGESTED ACTION Staff recc mends approval of resolution to incorporate dump fee increase into solid waste rate schedule. f f nm/caisumm.2 r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25. 1990 DATE SUBKnTM: June 18. 1990 ISSUE/AGENDA TIME: AWorove Contract VPBVIOUS ACTION: for Professional Services Hear' i /PREPARED Larry , Officer - Epstein PC BY: City Attorney 4gll REQUESTED BY: DEPT HEAD OK CITY ALAN Oly PO CY ISSUE Council Approval of Professional Services Contracts for Hearings Officer. INFORMATION SUMMARY Council met with Mr. Larry Epstein on June 11, 1990. Attached is contract for professional services for Council approval. ALTERNATTVES OONSIDERED 1. Approve contract as submitted. 2. Approve contract with anwx3nents. 3. No action at this time. FISCAL IMPACT Contract provides for payment to the Hearings officer in the amount of $60 per hour. Other direct expenses are also named and outlined in the contract. SUGGESTED ACTION Staff reccmwn 7s approval of the attached contract. i4 9 t S 8 v~ s i .......~~._.................-.ww.........,.....u.....................i.-v:...: v.....r.....a.:..:...1...:.:..:.>x..-.r i..,... .v..- ....:...v:.:. . ...e '.t ' . ( ..r w....... ......a......~.«J..N.`a. O'DONNELL. RAMIS, ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 15031 222-4402 DATE June 15, 1990 To Keith Liden, Senior Planner FROM Tim Ramis, City Attorney RE Contract for Professional services with Larry Epstein, PC Attached is the revised agreement which we propose be submitted to Mr. Epstein for his approval. Please note that we have deleted item 2.h. on page 3 of Mr. Epstein's proposal. This section deals with indemnification by the city for actions of the PC. We suggest that the city take action to add Larry Epstein, P.C. to the city's insurance policy as the city has done with Judge Anthony Pelay. We have made other changes to the agreement which clarify that Larry Epstein, P. C. is an independent contractor and not an employee of the city. The remaining changes are for clarity. Please call if you have any questions on this matter. Attachment TVR:mch 6/15/90 / tigard\90024-4.me2 c CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into by the CITY OF TIGARD, Oregon (the "City"), 13125 SW Hall Boulevard, PO Box 23397, Tigard, Oregon 97223, and LARRY EPSTEIN, PC ("the PC"), an Oregon Professional Corporation, 1020 SW Taylor •Street, Suite 370, Portland, Oregon 97205, for professional services described below to be rendered by LARRY EPSTEIN (the "Hearings officer"), as an employee of the PC. WHEREAS, City law provides for appointment by the City Council of a Hearings Officer to consider certain land use applications and related actions consistent with section 18.32.090(b) of the Community Development Code; and WHEREAS, the City has determined that Larry Epstein is qualified to act as, and is hereby appointed by the City Council to be, a Hearings Officer; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Hearings Officer Duties. { a. The Hearings officer agrees to receive from and examine available information, conduct public hearings, prepare written findings and conclusions in accord with adopted City plans and ordinances, and render decisions that are clear, complete, internally consistent, factually accurate and legally sufficient. The Hearings Officer agrees to deliver one original or camera-ready copy of each decision to the City. b. The Hearings officer agrees to comply with all require- ments, including time limits, of the laws of the City. t c. The Hearings officer agrees that he will accept all cases scheduled by the City for hearing, or notify the City as soon as practical prior to the hearing date of his inability to preside over the hearing. d. The Hearings officer agrees to disqualify himself regarding any application if he has a conflict of interest with parties to that application, and to notify the City in writing as soon as practical prior to the hearing date of such disqualification. C e. The Hearings officer agrees that neither he nor other members of the PC shall offer or provide professional services relating to land use activities in the City. f. The Hearings officer agrees to adopt a set of rules and procedures for the conduct of hearings, subject to the review and approval of the Community Development Director. g. During the course of a hearing, the Hearings Officer agrees to be responsible for any and all exhibits accepted into the record, s Page 1 - CONTRACT FOR PROFESSIONAL SERVICES t and to mark each exhibit with the date, case and his signature. All such exhibits will be entrusted to the City after the Hearings Officer has rendered his final decision in the matter. h. The Hearings Officer agrees to set all recessed or continued hearings to a date certain whenever possible. All such rescheduling shall be coordinated with the City to ensure that adequate meeting facilities will be available, and to assure that the provisions of ORS 227.178 are met. i. The Hearings Officer agrees to submit to the City monthly itemized bills broken down by case and by activity. All billings shall be submitted to: Director of Community Development City of Tigard P. O. Box 23397 Tigard, Oregon 97223 j. The PC shall comply with all applicable federal, state and local laws, rules and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or handicap. k. The Hearings Officer and the PC release to the City any and all rights to work products under the Contract. r 2. City Duties. a. The city agrees to pay the PC $60 per hour for the Hearings Officer's labor, including time spent preparing for a hearing, visiting the sites for which applications are made, conducting the hearing and writing the decision. b. The City agrees to pay the PC the following amounts for the following direct expenses to the extent committed in the course of fulfilling the Hearings Officer's duties under the Contract. (1) Mileage at the rate of twenty-cents (25(',,) per mile. (2) Photocopying at the rate of ten cent (lO(,**) per page for in-house copies, and actual charges for out-of- house copies as billed. (3) Long distance telephone charges in the actual amount billed by the phone service. (4) Clerical services at a rate of twenty-five dollars ($25) per hour. C. The City agrees to pay the PC for labor and direct expenses within 30 days after receipt of the PC's itemized statement, except such amounts as the City disputes may be withheld pending settlement, or else be subject to interest of 1.5% per month (18% APR). The City certifies that sufficient funds are available and authorized for Page 2 - CONTRACT FOR PROFESSIONAL SERVICES expenditure to finance costs of this Contract. d. The City agrees to provide the Hearings officer with copies of all City documents relevant to the work called for and will make C available and help coordinate meetings by the Hearings Officer with City and other officials whose knowledge and experience is relevant to his duties. e. The City agrees to designate the Director of Community Development as the City's liaison staff for the Hearings Officer, and that person will be the primary official responsible for coordinating the Hearings officer's duties with the City. f. The City agrees to schedule all hearings in consultation with the Hearings Officer and to provide the facilities for the conduct of hearings, including a room, appropriate furniture and, if appropriate, recording equipment. g. The City agrees to provide all notices required by law for the hearings at which the Hearings Officer will act and for the decisions he makes, and to provide general administrative support. 3. Status of PC as Independent Contractor. a. Services of the PC shall be provided under the general supervision of the Director of Community Development or his or her designee, but the PC shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 2 of this Contract. b. In the event the PC is to perform the services described in this Contract without the assistance of others, the PC agrees to file a joint declaration with the City to the effect that its services are those of an independent contractor, as provided under Chapter 864, Oregon Laws 1979. C. The PC acknowledges that, for all purposes related to this Contract, it is and shall be deemed to be an independent contractor and not an employee of the City, and shall not be entitled to benefits of any kind to which an employee of the City is entitled, and shall be solely responsible for all payments and taxes required by law. In the event that the PC is found by a court of law or any administrative agency to be an employee of the City for any purpose, the City shall be entitled to offset compensation due and to demand repayment of any amounts paid to the PC under the terms of this Contract, to the full extent of any benefits or other remuneration the PC receives (from the City of a third party) as a result of said finding and to the full extent of any payments that the City is required to make (to the PC or to a third party) as a result of said finding. d. Not withstanding the PC's status as an independent contractor, the City shall provide liability insurance covering the PC while it is acting within the scope of Hearings Officer duties for the City, as provided in Section 1 herein. . F Page 3 - CONTRACT FOR PROFESSIONAL SERVICES z p 6 t ' e. The PC represents that no employee of the City of Tigard or any partnership or corporation in which a City employee has an interest or will receive any remuneration of any description from the PC, either directly or indirectly, in connection with the letting or performance of this Contract, except as specifically declared in writing. f. The PC is not an active member of the Oregon Public Employees Retirement System and is not employed for a total of 600 hours or more in the calendar year by any public employer participant participating in the Retirement System. 4. Term and Renewal. This Contract shall be effective June 9, 1990, and shall have an initial one-year term and, thereafter, shall be automatically extended for additional one-year terms unless the City provides the Hearings Officer with a written notice of nonrenewal at least thirty (30) days before the end of any given contract year. 5. Cancellation. This Contract may be cancelled by either party upon forty (40) days' written notice to the other party, provided the City agrees to pay for services rendered and expenses incurred by the Hearings Officer in the performance of his duties pursuant to this Contract before the expiration of the 40 days and termination of the Contract. 6. Applicable Law. This Contract will be governed by the laws of the State of Oregon. 7. Complete Agreement. This Contract and any referenced attachments constitute the complete agreement between the City and the PC and supersedes all prior written or oral discussions or agreements. ENTERED INTO THIS ~51 day of June, 1990. i r F R T/ Y OF TIGARD FOR Y BPS , PC r LOooz Larry E , President PC Fed 93-0844350 PC Oregon ount No. 332914-2 Approved as to form: IL -ell By:_~ - ~.V i Ramis, City Attorney t1gard\90024-1.cps\6-19-90 s Page 4 - CONTRACT FOR PROFESSIONAL SERVICES i r Larry Epstein, PC Attorney At Law Larry Epstein, member 1020 SW Taylor Street, Suite 370 Oregon State Bar and Portland, Oregon 97205-2543 American Institute of Certified Planners (503) 2234855 • FAX (503) 222-1923 June 21, 1990 Keith Liden Tigard Planning & Development PO Box 23397 Tigard, OR 97223 Gial M PUINNING JUN 2 21990 SUBJECT: HEARINGS OFFICER CONTRACT Dear Keith: I enjoyed meeting with the members of the City Council last week. I appreciated their thoughtful questions and words of encouragement. I enclose a final contract for my services. The contract was prepared by the city attorney based on the draft I provided to you. I am satisfied with the changes, and have signed the enclosed contracts. Assuming City Council agrees, too, I look forward to having the City execute the contract so I can begin as hearings officer. As I explained to you last week, I will be out of town from June 22 through July 1. Therefore, I will not be able to attend the June 25 Council hearing when the contract is scheduled for consideration. I will be with you in spirit, though. Please convey my salutations to the City Council members in my absence. I will return July 2. Please contact me thereafter if there are any problems. Otherwise, I will see you (or your staff) on July 5. i Sincerely, Y EPSTE C Larry Eps P i CITY OF TIGARD, ORE)XV COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25, 1990 DATE SUBM MD: June 18, 1990 ISSUE/AGENDA TITLE: ove Billind /f PREVIOUS ACTION: Rates - City Attorney's Office ' / PREPARED BY: City Attorney DBPr HEAD OK CITY ADMIN OX /i RBWESTM BY: City Attorney POLICY ISSUE Council authorization of rate increase. INFURMATION SUMMARY ~ Attached for Council review is proposed new billing rates requested by the city; Attorney's office. ALTERNATIVES CONSIDERED 1. Approve Resolution as submitted. 2. Amend Resolution. 3. Decline action at this time. . t' FTSCAL IMPACr Increase, as outlined in attached letter, shall take effect July 1, 1990, if y; approved by Council. SUGGESTED ACTION Staff reconmiends approval of the attached resolution. attyrates r; s s rz. .r........u .,..+a.i~4`.aDiii.:w\'.YSriJ.:..uaLw...W..a..s+ra..vn,.....t..+..t~u...a... a w... __....«...«.«.«...~...-_...,...-.....«..-«._.....a.....-+....wr...+.a.. . ~...........u. _..~....._.w,i.«~W..u+. 3 f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25. 1990 DATE SUBMITTED: June 15, 1990 ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION: For Ri ht-of-Wa Ac isition For Greenbur Road Project j PREPARED BY: City Engineer DEPT HEAD OR CITY ADMIN or,,/,//, REQUESTED BY: a=xsavxxsxxa -s=axsaaxaaasaaaa= x=aaaxxxa=xsxxxa=ccxxxxsa=ca===ax=x=xx= POLI ISSUE Acquisition of right-of-way and easements for the Greenburg Road Project. a=a=xaaasmaxa==aax=asxaxasxxxa==xaa=aaaaaxaaa=axa==cxca=a=aaax=c=ax=xaxxxax=ax INFORMATION SUMMARY Right-of-way and easements are needed in order to construct the proposed street improvements on Greenburg Road. As has been done with other street projects, staff is requesting that the Council formally authorize the acquisition of the right-of-way and easements by adoption of the attached resolution. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution authorizing acquisition of right-of-way. 2. Withhold authorization. sa==as=axa=aaaasaaaa==sax=a=axaaaxxa=axxaa=aaxa=axxx==:ax===xa==s=xcxs=xxx=cs=x t FISCAL IMPACT All costs of the Greenburg Road project are funded by the Major Streets Traffic Safety Improvement Bond. SUGGESTED ACTION Adoption of the attached resolution. br/RW:Grnb.SS y 3--7 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 1W, 1990 DATE SUBMITTED: June 7, 1990 ISSUE/AGENDA TITLE: Consent Calendar: PREVIOUS ACTION: The City Council First Year Park Levy Improvements previously approved the three year Request to go to bid. implementation schedule. PREPARED BY: Ron Bunch, Senior Planner DEPT HEAD OR CITY ADMIN O REQUESTED BY: Ed Murphy, Community Development Director POLICY ISSUE There are no policy issues associated with this action. INFORMATION SUMMARY This agenda item requests that the Council authorize staff to advertise for bids to build the Cook Park Playground, and implement the Cook Park riverfront and Summerlake Park improvements. { ALTERNATIVES CONSIDERED Normally, projects of this scale are taken to the City Council individually for permission to go out to bid. This alternative would result in a considerable delays and constrain staff's flexibility in implementing the first year package of projects. FISCAL IMPACT The estimated cost of these three projects is $420,000. It should be noted that this is an estimate since no detailed design and working drawings have been done for these projects. SUGGESTED ACTION It is suggested that the City Council authorize staff to advertise for bids for these projects C MEMORANDUM TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Director RE: First Year Park Levy Improvements DATE: June 4, 1990 It is proposed to solicit bids for the following park projects during the summer and fall of 1990. COOK PARK PLAYGROUND: Approximate Cost: $80,000. This project will consist of the following: - Playground area excavation and drainage improvements. - Concrete perimeter pathway and curb. - Berm construction (using excavated material). - Playground equipment purchase and installation (includes possible purchase of site furniture). - Landscaping and irrigation. Bids will be solicited for the Cook Park playground equipment and its installation between June 19 and June 22, 1990. Bids for work needed to prepare the site for playground installation will also be advertised for during this period. COOK PARK RIVERFRONT IMPROVEMENTS AND BIKE/PEDESTRIAN ACCESS: Approximate Cost: $170,000 The following outlines the scope of this project: - Bike/pedestrian path along 92nd Avenue. - Riverfront earthwork and bank stabilization. - Renovation of boat launching area. - Roadway improvements and new parking area. - Relocation of dock to boat launch area. - Landscape and irrigation improvements. Bids for these improvements will be solicited during August, 1990. SUMMERLAKE PARK: Approximate Cost $170,000. This year's anticipated improvements to Summerlake Park include the following: - Playground purchase, installation and associated site improvements. - Pedestrian bridge over dam (to be furnished by the developer). - Trail improvements. - Landscape improvements (turf, shrub, and tree planting). Bids for playground equipment, installation, and site work will be solicited during the first week of July, 1990. Advertisement for landscape and irrigation bids will occur during the third week of July, 1990. CITY OF TIGARD. OREGON . COUNCIL AGENDA I'I'W SURKM Y AGENDA OF: June 25, 1990 DATE SUS II.TTFD: June 15. 1990 ISSUE/AGENDA TITLE: Plannin OUS ACTION: Commission Amointment 117 PREPARED BY: Elizabeth Newton DEPT HEAD OK CI'T'Y AU41N OK r REQUESTED BY: i/A CY ISSUE ! INFO]"OUMON SUMMARY The attached resolution forwards the reccmmendation of the Mayor's Appointment Advisory Ccmnittee to appoint Harold Boone to the Planning Camnission. ALT~T.tVES OONSIDERID 1. Adopt the proposed resolution. 2. Decline action at this time. FISCAL IMPACT N/A SUGG = ACTION Alternative No. 1: Adopt the proposed resolution. nm/pcappt C CIT1(OF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION OREGON NAME: DATE: 2 ~~S 4Q ADDRESS (RES.): /Z*27 5 / AjW.AJjAjCj LL if RES. PHONE: ADDRESS (BUS.): BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: G ADD. SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? WZZAAZ® ®Rtr EDUCATIONAL BACKGROUND: *PS. 4LeMmij H•~. dj in Aawo OCCUPATIONAL STATUS AND BACKGROUND: R&!rtccb HOW LONG HAVE YOU BEEN E "NE09 @_ WITH THIS FIRM? ~~Ycs C S THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ftLES TyA/j~ Ll~A~fl l!kyjL A*M ! Ne.& . ff& A~I~S j SPAM (um" J6.4ok- Aeg!L~'V MEAjT ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS) : Ruwarzo . D1C aaAf ~ Q 15 Z ' 'ALAI" 'sr, BOARDS, COMMITTEES OR NPO INTERESTED IN: r-LA&AUjh& GO ~ ~t Date received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City sb/4772A/0002A 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 t CITY OF TIGARD, OREGON COUNCIL AGENDA ITIIK SUMiKARY AGMM OF: June 25, 1990 DATE SUf34ITrED: June 19. 1990 ISSUE/AGENDA TITLE: Aprwaval of PREVIOUS ACTION: Council Decision Surface Water Management semen to Participate in SWM Program with Unified Sewers a Agenc USA / PREPARED BY: Patrick J. Reilly DEPT HEAD OK CITY ADMIN OK PIDQUESTED BY: PO CY ISSUE i Shall the City of Tigard participa in the Surface Water Management (SWK) Program as outlined in the attached agreement? i INFORMATION SUMMARY i Council reviewed this information at their May 21, 1990 meeting at which time Chris Bowles of USA was present. Mr. Bowles sutmitted an amended agreement which included changes suggested by the City of Beaverton. Said changes have been included in the attached surface water management agreement. The City Committee agreement was not changed. e In response to the mandated requirements to clean up the Tualatin River, the 4 City of Tigard has engaged in discussions with USA to develop a County-wide SInIlK' Program. The attached agreement provides for the surface water management as a shared } responsibility between USA and the City of Tigard. The attached agreement combines the sanitary sewer and surface water management functions. t Two agreements are attached for council consideration: the basic agreement for SM, and the City committee agreement. ALTERNATIVES CONSIDERED FISCAL IMPACT Initially, there will be a $3/month charge of which the city will receive $2 to support our local SM function. Operating expenditures will not exceed revenue. Details of program implementation are not yet finalized. The local $1.50 fee will be eliminated. SUGGESTED ACTION Staff recanmends approval of the attached two agreements and authorization granted to the Mayor and City Recorder to sign. cw L usaswm.ccstmt 3, ID CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25, 1990 DATE SUBMITTED: June 18, 1990 ISSUE/AGENDA TITLE: Serial Levy for PREVIOUS ACTION: none Public Safety Communications in Washin on Count PREPARED BY: Ron Goodpaster DEPT HEAD OK CITY ADMIN O REQUESTED BY: Ron GoodRaster PO CY ISSUE Should the City of Tigard City Council support the upgrading of emergency public safety communications and urge the Washington County Board of Commissioners to support the proposed upgrade in the form of a serial levy to be voted on by the voters in Washington County. INFORMATION SUMMARY The levy will provide a consolidated communications facility, enhanced 9-1-1, computerization of dispatch operations and mobile units, upgrade of fire service notification paging, computerized mapping systems, and conversion of public safety agencies to a joint 800 MHz radio system. ALTERNATIVES CONSIDERED 1. Support the emergency public safety communication upgrade. 2. Not support the proposed upgrade. FISCAL IMPACT Impact is a faster emergency services response time and coordination of emergency field services. SUGGESTED ACTION Support the proposed emergency public safety communications upgrade and urge the Washington County Board of Commissioners to support the proposed upgrade in the form of a serial levy to be voted on by the voters of Washington County. MEMORANDUM TIGARD POLICE DEPARTMENT TO: Patrick J. Reilly City Administrator FROM: Ronald D. Goodpaster Chief of Police DATE: June 19, 1990 SUBJECT: Serial Levy for Public Safety Communications The Washington County Consolidated Communications Agency, in conjunction with all public safety organizations in Washington County, have been researching the need for a more effective emergency communications system for the past year. As a result of that research, a three-year serial levy has been proposed by the Washington County Consolidated Communications Agency (W.C.C.C.A.). The levy would generate approximately $14,298,000 of tax revenue over a three-year period with an estimated tax rate of approximately forty-four cents per thousand. The proposed levy would provide significant public safety enhancements which would result in a faster emergency services response from both police and fire. There will be a significant increase in the coordination of emergency field services, not only between police departments, but also between police and fire. The levy would also fund a switch to enhanced computerized 9-1-1, provide all emergency services providers a common radio frequency, a very sophisticated computer aided dispatch system and provide mobile data computer terminals in emergency service field units. The upgrading to this equipment would be a significant enhancement to all public safety agencies in Washington County. They would not only allow the citizens to receive quicker response from public safety since the enhanced 9-1-1 system would provide dispatchers with the addresses of the callers, but it would also allow police departments to talk to each other. Currently, for example, the City of Tigard works a lot of activity with the Beaverton Police Department and the Washington County Sheriff's Office. Because of radio frequency differences, we can not contact field unit to field unit with those agencies and have to go through different dispatching centers in order to communicate to field units which further complicates the process and does not allow us to work as cooperatively as we could be in resolving common criminal problems. The mobile data terminals would allow officers in the field to do a lot of their own computer checking rather than relying on the dispatch operation which would have an affect on the number of dispatch personnel that are hired in the future. The other upgrades are critical to the overall success of the emergency dispatch service and all citizens living in Washington County or traveling through the County and requesting emergency services from an agency would benefit significantly from the passage of the levy and the installation of the emergency equipment. Clackamas and Multnomah County public safety agencies are also strongly considering some of the same type of enhancements to better improve their delivery of emergency services. The serial levy, if approved for election by the Washington County Board of Commissioners, would be on the August 14 mail ballot. If you have any questions concerning the proposed serial levy and the enhancements that it includes, please feel free to contact me at your convenience. ad\M619LEVX FINANCIAL REQUIREMENTS EMERGENCY COMMUNICATIONS UPGRADE PROJECT The following chart lists the financial requirements for a county-wide communications upgrade. These costs reflect the technological improvements for the operation of WCCCA and Forest Grove Public Safety Answering Points (PSAPs). COUNTY WIDE PROJECT COSTS 1. Building/Acquisition $1,987,000 2. Equipment/Furniture/Move-In 415,701 3. Computer-Aided Dispatch 760,000 4. Enhanced 9-1-1 Installation 1,017,495 5. Microwave Upgrade 154,000 6. County-Wide 800 Radio System 5,621,000 7. Digital Paging 243,207 8. Mobile Data Terminals 1,921,015 9. Digital Mapping 80,000 10. Consulting/Project Management 799,000 PROJECT'S TOTAL $12,998,418 Contingency (10%) 1,299,842 TOTAL REQUIREMENT $14,298,260 FINANCIAL REQUIREMENTS: $14,298,260 ASSESSED VALUATION: $10,923,000,000 (Estimated) ESTIMATED TAX RATE: 44 cents per $1000 (3-year levy) NOTE: The amount does not take into consideration uncollected taxes. The assessed valuation and estimated tax rate must be E verified by Washington County. i 06-08-90 (mm\table-ps.doc) Page 1 t CITY OF TIGARD, OREGON L COUNCIL AGENDA ITEM SUMMARY AGENDA OFs_June 25. 1990 DATE SUBMITTED: 6/14/90 ISSUS/AGENDA TITLE: Triad. Site PREVIOUS ACTION: Planning commission D o ent Review Planned Develo - approval subject to conditions met SDR 90-04 PDR 90-02) 4/1 / PREPARED BY: Keith Liden DEPT HEAD OK CITY ADMIN OWZZZLL REQUESTED BY: OLICY ISSUE Should portions of 109th Avenue be closed? INFORMATION SUMMARY On May 8, 1990, the Planning Commission approved the above application for a 364 unit apartment complex subject to conditions. The Commission also required the closure of 109th Avenue immediately south of Naeve Street and near the northeast corner of the project. The City Council decided to review the Commission decision on June 25th, particularly in relation to the street closure issue. This date was chosen to allow adequate time for affected agencies and the NPOs to offer additional comments regarding traffic circulation and street closure issues. Attached is a memo summarizing the comments received to date and the staff recommendation, a site map illustrating the street designations and the location of the closures of 109th as required by the Commission decision, a zoning map, Final Order 90-11 PC, and a site plan of the development. ALTERNATIVES CONSIDERED 1. Uphold the Commission's decision and direct staff to prepare a resolution and to begin the appropriate process for the closure of 109th 2. Modify the Commission's decision and direct staff to prepare a resolution 3. Deny the request and direct staff to prepare a corresponding resolution. 4. Table the request for further consideration or remand to the Commission FISCAL IMPACT SUGGESTED ACTION E Table the request for further consideration by the Council or Commission SDR90-04.SUM/kl dL D BL m Fti lLD O ST. LANE MURDOCK B R oo 10 SW. MURDOCK Q S W 3 ' T© RC-^A) • • 49ONT OR VE J! ~ ROAD rp cm ~ LLi11U Q 1 w i s SW 00 VIE a C N,QF $.W. KA LF- y/ F J - ` rq p ~p v Q°P~ I r~ r LJH ~~-II! A OR s I 1 I yc 0 O ` ` E Y ~ A, 0 f 00 0, 14.0000, a 9 01 ~`lr COMPREHENSIVE PLAN -TRANSPORTATION MAP EXHIBIT TWO MEMORANDUM TO: City Council FROM: Keith Liden, Senior Planner RE: Triad Development (SDR 90-04/PDR 90-02) DATE: June 15, 1990 Background The applicant was advised during the pre-application process beginning in May, 1989 that the traffic issues relating to the development of this site would be complex and subject to debate. The plan which was reviewed by the Planning Commission proposed the improvement of Naeve Street and 109th Avenue with direct access to the development provided by both of these streets. The applicant also indicated that the direct access to the Beef Bend Road intersection was not feasible due to the terrain and lack of interest on the part of the abutting property owner. The staff recommended approval of the proposal because it did meet Plan and Code criteria. However, the staff report to the Commission noted that additional traffic volumes would result on nearby streets and it appeared that other alternatives were available to reduce the potential impact this project would have upon nearby neighborhoods. The Commission voted to approve the development as recommended by the staff with the exception of closing 109th Avenue immediately south of Naeve Street and not opening 109th Avenue near the northeast corner of the project. These street closures were not recommended by the staff or considered as an alternative by reviewing agencies. Therefore, their impact was not addressed in the comments received from these agencies. Street Closure It appears that the Planning Commission did not-have the authority to close an improved street. The issue of authority and the procedure to be followed to close streets is being reviewed by the City Attorney and information will be available by the June 25th hearing. Additional Comments Following the Planning commission decision regarding the above application and the subsequent action by the City Council to review the decision at a publi:: hearing on June 25th, the staff has received additional comments which are noted below. 1. King City submitted a letter dated June 4, 1990 (Exhibit "A") which discusses King City's concern regarding the impact of the apartment project upon the Naeve Street/Pacific Highway intersection. King City suggests that the feasibility of the main entrance to the project occurring at the Beef Bend Road/Pacific Highway intersection be ( thoroughly evaluated. e. 2. The City Police Department is concerned about the closure of any street because of the obstacles that are created to prompt response for emergency calls. The Department recommends that 109th Avenue and Naeve Street remain open. 3. The Tualatin Valley Fire and Rescue and Beaverton Fire Department also is hesitant to agree to the closure of any streets as noted in the attached letter dated June 4th (Exhibit "B"). In further discussions with the District, the eventual opening of all of 109th Avenue is regarded as critical to providing appropriate response times to emergencies. 4. The State Highway Division favors the concept of modifying the Beef Bend Road/Pacific Highway intersection and signal to accommodate a private access or local street for the apartment project and other properties in the Little Bull Mountain vicinity. Although this arrangement may present some drawbacks relating street grades and capacity of Pacific Highway, the Department prefers this alternative to the transformation of Naeve Street into a major access onto Pacific Highway which will ultimately require another traffic signal. Also, the Department favors 109th Avenue being open for its entire length in order to provide for improved internal neighborhood circulation. 5. City legal counsel has confirmed that the minor collector designation of Naeve Street does not prohibit the City from utilizing other alternatives for providing access for the properties in the vicinity of this street. 6. The owner of the parcel to the southwest of the Triad property has reconfirmed his interest in helping accommodate a public street extending from the Beef Bend Road intersection Exhibit "C"). Staff Recommendation The staff recommends that Planning Commission's decision to close portions of 109th Avenue be reversed and this street remain open. In addition, it is recommended that the application be 1) tabled in order for the applicant and the staff to develop a more suitable street system that will address the concerns expressed by affected agencies, jurisdictions, and neighborhood groups or 2) remanded to the Planning Commission for further consideration with the same purpose of developing an improved street system. SDR90-04.SUM/kl 1 Fred Clagett KING- CITY Mayor: Council Members: 15300 S.W. 116th Avenue, King City, Oregon 97224 Phone: 639.4082 Maybelle DeMay Hal Ennor Herbert Lindner Stephen McShane Manager: Lenore Akerson Chief of Police: J. Dennis McClain June 4. !990 RECEIVED Randy Woo1ey City Engineer 4U N -19 1990 City . Box of ox Tigard P.O. COMMUNITY DEVELOPMENT 23397 Tigard, Oregon 97223 Triad Development Lear Mr. Wooiey: F in light of the impact that a 3264 unit apartment complex will have on 9914, 109th, Naeve Rd., Summerfie1d and king City, we request the City of Tigard do a complate transportation analysis of this area. Included in the review, options available, resulting affects of each option on the present transportation systems and existing established neighborhoods. This analysis should include the lands and streets east of 109th that will be developed in the future. Goal ;#12 of your City Comprehensive Plan stresses a safe, convenient and economic transportation system and the need for minor arterial/collector systems to be, adequate to serve local demands expected from development of land to the year 2000. Building within a two mile radius of this area as started' in the past two years, will raise traffic trips by an estimated 17,388 plus. According to your own studies 65% will travel North and Northeast with the other 30% staying within the Tigard area. The county transportation study states "Hwy. 99 is the only major corridor in the Tigard vicinity that will not adequately accommodate expected traffic volumes for the year 2000". Tigard and Metro both identified the area from Durham Rd. north to Beef Bend Rd. as having four hazardous locations, with 3 or more accidents each. You also state the systems which are presently inadequate are the collector systems. In order to facilitate movement of traffic on an arterial, signals too close to each other defeat the purpose of an arterial. A signal at Naeve Rd. is too close to the existing signals for timely traffic movement. Suggestions from Mr. Gunderson, of ODOT to allow right turns v N only and the closing of the median at 1`laeve would cause traffic desiring Southern travel to U-turn at Beef Bend Rd., an intersection that would poorly accommodate that type of maneuver. Those traveling south, wishing to return to Naeve, would be expect to U-turn at Durham and Pacific Hwy. The realistic scenario would be, for that traffic, to turn right on Beef Bend, enter 116th thru King City and exit at Royalty Parkway and SOW, or just enter the Royalty Parkway entrance and U-turn in King City. This is unacceptable. The re-opening of the left turn lane at Pacific Highway and Royalty Parkway, with increased stacking lanes, could prevent that scenario. We propose.- that the city include in its transportation analysis, the feasibility :of the Triad Development entering their apartment complex at Beef Bend Road. There exist' three letters, the latest dated May 17, 1990, from the Covenant Development Corp,, owners of Tax Lot .300, supporting that idea. Such questions as how much land would be needed and steepness would need to be known in a realistic way. Effects on up'radin? standards .on 109th and Naeve Rd. would also require thorough review. We see the above option connected with the permanent opening of 109th all the way through. This we feel is the most effective means of ;iseting the real :need which is safety of our citizens and community. As we propose the Triad Development, will impact the existing transportation system and existing neighborhoods. We also realize there is not an easy solution to this problem. There is a need to have ~r a solution that will have the least- impact on the existing neighborhoods anet funnel this new traffic directly onto the closest arterial, SOW. We feel quickly made short term actions often create tong range problems. Thorough analysis of the area and the varied options, a solution that will allow Hwy. 99 to adequately accept and deal with this new traffic will be found and that the developer of Triad must provide for the solution. Sincerely, Stephen McShane, Mayor cc: Keith Liden Ed Murphy Tigard Councilors i s C_ S }~a tlL: Y w t TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE DEPARTMENT 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526-2469 • FAX 526-2538 June 4, 1990 RECERM FL4NNING JUN 81990 Jerry Offer Tigard Planning Department -P.O. Box 23397 Tigard, Oregon 97223 Re: Triad Development, Inc. South Side Little Bull mountain 11165 S.W. Naeve Street Dear Jerry: it is my understanding that through planning commission review, the Planning Commission deleted the 109th street interconnection from the top of Little Bull Mountain to Naeve Street for the above captioned project. This is of concern to the fire department from several standpoints. First of all due to usual response of multiple emergency vehicles coming from different directions, any alternate route that would need to be taken could add valuable time to emergency responses. Secondly, through studies we know that frequently, emergency equipment does not respond directly from the stations that they are assigned, but respond from other vicinities within the fire district as they are out performing hydrant maintenance, hydrant flow testing, inspection of occupancies, returning from incidents, etc. This means that through streets are critical because they could be located in an area which would cause considerable delay in response times because of additional distance traveled. Last but not least, firefighting operations in most instances require decisions in the field. Those field decisions can be made much better and easier when multiple access routes can be obtained or maintained into a site, as well as around the site. I would please urge you to have City Council review this situation and re-establish the interconnect over the south hill "Workfns"Smoke Detectors Save Lives ' „ Jerry Offer June 4, 1990 Page 2, 1990 of Little Bull Mountain of 109th. In a time of emergency it could save a life and/or property. If I can help you with any further information, please feel free to call. Sincerely ours, Gene Birchill Deputy Fire Marshal/Plans Examiner GB:kw Covenant Development Corporation /a,"at 511 North Francisco Avenue, Chicago, Illinois 60625 3122/784-3000 Cable Address: : Covenant Chicago cago c4doo May 17, 1990 r Randall R. Wooley, City Engineer Community Development Department City of Tigard R P.O. Box 23397 t Tigard, OR 97223 re: Tigard, OR Dear Mr. Wooley: Cal Woolery, a citizen of the City of.Tigard, called me this morning in regard to the application of Triad Development, Inc. regarding certain property lying east of 99W at Approximately Beef Bend Rd. He indicated to me that the Planning Commission at its meeting on May 8, 199%. had recommended approval of a plan which involved access to the site via Nao.{e St. I represent the North Pacific Conference which owns property located at the northeast corner of the intersection of US 99W and Naevc, St, which I believe is Tax Lot 300. Mr. Woolery indicated that there were statements at the hearing which implied that the North Pacific Conference was not supportive of a proposal which would provide for the extension of Beef Bend Rd so as to rationalize the traffic flow from this hillside. This is not the case. Let me recite from previous letters out continued support and advocacy for the improvement of a right-of-way which would effectively extend Beef Bend Rd, east of US 99W. In my letter to Sue Carver, then Chairperson of the Tigard Planning Commission, dated March 31, 1989, I stated the following: in my professional opinion a better solution is to construct a new street which 'would intersect US 99W and continue westward as Beef Bend Road. Should the Commission concur in my opinion. I believe that my client, the North Pacific Conference, would be willing to cooperate with the applicant insofar as such right- of-way might affect the property owned by the Conference.' In my letter to you, dated November 17, 1989, 1 stated the following: I would be pleased to work with the City as it may affect property owned by the Conference to effect this traffic flow. The property was acquired by the Conference to provide a site for the Tigard Covenant Church and any enhancement of traffic flow would obviously benefit the Church. C ndall R. Wooley : ay 17, 1990 page 2 In my letter to Frederick W. Grimm of the Triad Development Corporation, dated January 9, 1990, I indicated the following: I propose, therefore, that you use the proposed easement as an exhibit as you approach the City of Tigard for the necessary land approvals. If called upon to do so, we will represent the North Pacific Conference in the matter and advise the City of our interest in making this right-of-way available." I believe that the above indicate our continuing interest in working with the City and others in the rationalizing of the traffic in the vicinity. I believe that that involves an extension of Beef Bend Road and offer again our cooperation in making this happen. I request that I be notified in person regarding the next hearing on the Triad application at the address shown in this letterhead. If you have any questions, please do not hesitate to contact me. Sincerely, Robert C. Larson, President RCL:rI enc (3) S cc: Cal Woolery; Keith Liden, Planning Director; Jerry Edwards, Mayor; Arthur V. Greco; Roy M. Lindquist iv, i :Ai i Covenant Development Corporation 5101 North Francis!•o Avenue. Chicago. Illinois 60625 312/784-3000 Cable Address: Covenant Chicago March 31, 1989 Sue Carver, Chairperson Tigard Planning Commission P.O. Box 23397 Tigard, OR 97223 rc: Tigard, OR Your File No. 89-02 Dear Ms. Carver: This letter is given on behalf of the North Pacific Conference which is the owner of record of property located at the northeast corner of the intersection of US 99W and Naeve St, which I believe is Tax Lot 300. In consideration of the application-by Planning Resources, Inc, your File No. 89-02, I wish to call to your attention out concern for access to subject property. While the North Pacific Conference does''not now object to the application, it is concerned about the development of proper access to and from subject property and US 99W. r One of the requirements which should be imposed by the Planning Commission, if it acts favorably on the application, is that the applicant should either improve SW Naeve St, to its intersection with US 99W, including some traffic control at the intersection, or some other access. An alternative, which in my professional opinion is a better solution, is to j construct a new street which would intersect US 99W and continue westward as Beef Bend Road. Should the Commission concur in my opinion, I believe that my client, the North Pacific Conference, would be willing to cooperate with the applicant insofar as such right-of-way might affect property owned by the i Conference. It seems to me, without adequate on-site inspection, that the traffic control devices already in place at this intersection would provide a less hazardous situation than routing the substantial traffic which would be generated by the applicant via SW Naeve St. Should the Commission wish to pursue my proffered proposal, I would be pleased ! to meet with representatives of the Commission and the applicant to determine whether the proposal is feasible. I would do so, as a representative of the North f Pacific Conference. I Thank you for your consideration. Sincerely, Robert C. Larson, AICP President RCL:rl cc: Roy M Lindquist, Arthur V. Greco, Jr Covenant Development Corporation 5101 North Francisco Avenue. Chicago. Illinois60625 312/784-3000 Cable Address: Covenant Chicago November 17, 1989 Randall R. Wooley, City Engineer/Deputy Director Community Development Department City of Tigard P.O. Box 23397 Tigard, OR 97223 re: Tigard, OR Dear Mr. Wooley: Thank you for the opportunity to meet with you briefly on Monday, November 13, 1989, in regard to property owned by the North Pacific Conference of The Evangelical Covenant Church on the east side of 99W at Beef Bend Rd, if extended. This letter is intended to confirm our offer to work in cooperation with the City in the development of a ratoal traffic flow from the hillside on the east side of 99W. i As I Indicated in my letter to Sue Carver, Chairperson of the Tigard Planning Commission, dated March 31, 1989, in regard to Your File No. 89-02, it is my f professional opinion that access to 99W via Naeve Rd is less desirable that enhancement of the node now formed by 99W and Beef Bend Rd. This signalized E intersection would provide a safer access point if Beef Bend Rd were extended to accommodate the traffic shed on the east side of 99W. I would be pleased to work with the City as it may affect property owned by the Conference to effect this traffic flow. The property was acquired by the Conference to provide a site for the Tigard Covenant Church and any enhancement of traffic flow would obviously benefit the Church. The Church has no plans to develop its site for at least 5' years, but would be willing to cooperate s with the City and others prior to that time to effect the desired improvement. You may contact me directly or through the North Pacific Conference if you wish to have further discussion regarding this possibility. C Thank you, again, for the opportunity to meet with you. i Sincerely, Robert C. Larson, AICP President RCL:rl f cc: Roy M. Lindquist, Superintendent of the North Pacific Conference is The Evangelical Covenant Church I f ~ I I January 9, 1990 Frederick W. Grimm Triad Development Inc. I P.O. Box 88070 Seattle, WA 98138 I i I Dear Mr. Grimm: ~i I am in receipt of your letter, dated December 12, 1989, which tendered a proposed i easement against property owned by the North Pacific Conference in Tigard, OR. This easement would provide for the extension of Beef Bend Rd, cast of Highway I 99. While I can support the general concept wOch has been presented, it seems inappropriate to grant to your firm the re?iluested easement at this time. It seems more appropriate for the North Pacific Conference to grant either by easement or dedication the requisite right-of-way to the City of Tigard at such time as the City approves of the proposed right-of-way. We would expect at that time to have some definitive agreement as to costs associated with the improvement of this right-of- way and curb cuts for the church site. j I propose, therefore, that you use the proposed easement as an exhibit as you approach the City of Tigard for the necessary land approvals. If called upon to do so, we will represent the North Pacific Conference in the matter and advise the i City of our interest in making this right-of-way available. With the advise that I will not recommend to the North Pacific Conference that it execute the proposed easement at this time, I will await further word from you regarding the total development with which we'are in sympathy. Sincerely, i Robert C. Larson, Executive Secretary Department of Church Growth and Evangelism . r RCL:rl F i cc: Roy M. Lindquist, Arthur V. Greco I I ' DEPARTMENT OF CHURCH GROWTH AND EVANGELISM ' eo 5101 North Francisco Avenue, Chicago, Illinois 60625 3121784.3000 i Robert C. Larson, Executive Secretary i CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING CQKKISSION 1. Concerning Case Number(s): SDR 90-0004/PDR 90-0002 2. Name of Owner: Triad Development Inc Name of Applicant: Ramps Associates 3. Address 3681 Carman Drive City Lake Oswego State OR Zip 97035 4. Address of Property: 11165 SW Naeve Street Tax Map and Lot No(s).: 2S1 LOAD tax lot 9300, 2S1 10AC, tax lots 600, 700, 800, 900, and 2S1 2ODB, tax lots 100 & 200 5. Request: A request for Site Development Review and detailed Planned Development review of a 364 unit apartment complex on a 27.2 acre property. ZONE: R-12 (Residential, 12 units/acre planned development) and R-25 (Residential 25 units/acre planned development) 6. Action: Approval as requested _X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: i X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON May 22, 1990 UNLESS AN APPEAL IS FILED. i The adopted findings of fact, decision, and statement of conditions can be t obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of as appeal is 3:30 p.m. May 22, 1990 10. Ouestions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. bkm/SDR90-04.BKM i is 1 I CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90-11 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH APPROVES A SITE DEVELOPMENT REVIEW AND PLANNED DEVELOPMENT (SDR 90-041PDR 90-02) TO DEVELOP AN APARTMENT COMPLEX REQUESTED BY TRIAD TIGARD LTD. AND KAMPE ASSOCIATES. The Planning commission reviewed this application at a public hearing on May 8, 1990. The Commission's decision is based upon the facts, findings and F conclusions noted below: s A. FACTS i 1. General Information i CASE: Planned Development PDR 90-0002 Site Development Review SDR 90-0004 i REQUEST: Planned Development detailed review/Site Development Review of a plan for development of a 364 unit, 17 building multi- family residential complex on a 27.2 acre propert-t•- APPLICANT/ENGINEER: Kampe Associates, Inc. 3681 SW Carmen Drive Lake Oswego, OR 97035 t E ARCHITECT: Driscoll Architects 2121 First Avenue, Suite 102 Seattle, WA 98121 OWNERS: Triad Tigard, Ltd. Partnership 320 Andover Park East. Seattle, WA 98138 E F i LOCATION: North of Naeve Street, west of SW 109th Avenue, south of the Little Bull Mountain Apartments (WCTM 2S1 LOAD, Tax Lot 9300; WCTM 2S1 10AC, Tax Lots 600, 700, 800, 900; WCTM 2S1 1ODB, Tax Lots 100 and 200). _ Y PLAN DESIGNATION: Medium Density Residential (23 acres) Medium-High Density Residential (4.2 acres) ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development overlay) (23 acres) R-25 (PD) (25 unite/acre-Planned Development) (4.2 acres) t FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 1 2. Background Information The subject parcels have been involved in a number of City of Tigard land use and development applications since annexation in 1981. Prior to annexation, the parcels were designated by Washington County with a zoning designation of RU-4 (Residential, 4 units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of `r the parcels from Low Density Residential to Medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for.the properties would be required to be reviewed by the Planning Commission. i In December, 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast corner of Durham Road and Pacific Highway. This approval redesignated these properties-from High Density Residential to General Commercial. The result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from Tigard's ! Inventory of vacant, buildable land. The Metropolitan Housing Rule i s (Oregon Administrative Rules, Chapter 660,.Division 7), requires that Tigard provide a housing opportunity for at least 50 percent multi- family-units and a net minimum housing density of 10 dwelling units per acre on vacant buildable land within the City's Urban Planning Area. The Albertson's CPA was granted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the City, Including Tax Lot 200, were considered for increased residential densities to make up for the housing opportunity shortfall created by the Albertson's decision. The western half of Tax Lot 200 and the parcel to the west were proposed for Plan/Zone redesignation from -Medium Density Residential/R-12 -(PD) to Medium-High Density Residential/R-25 (PD) (Comprehensive Plan Amendment CPA 87-07(G)/Zone Change ZC 87-02 (G)). No change in designation was proposed for the eastern half of Tax Lot 200 or the other parcels that are the subject of the current application. Redesignation of the western half of Tax Lot 200 and the adjacent parcel was approved by the City Council on April 13, 1987. In April, 1989, the owners of Tax Lot 200 requested a Plan Map Amendment from Medium Density Residential to Medium-High Density Residential, and a Zone Change from R-12 (PD) (Residential, 12 units/acre, Planned Development) to R-25 (PD) (Residential, 25 units/acre, Planned Development) for the eastern 4.27 acres of that parcel (Comprehensive Plan Amendment CPA 89-02/Zone Change ZC 89-02). After review by the staff and Planning Commission, the City Council denied the proposed Planned Amendment/Zone Change on April 24, 1989. No other applications regarding that property have been reviewed by the City of Tigard. Tax Lot 100, which is located at the northwest corner of the FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 2 intersection of SW Naeve Street and SW 109th Avenue, was the subject of a Subdivision/Planned Development review by the Planning Commission on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01). That application requested Planned Development detailed plan approval and subdivision preliminary plat approval to divide the approximately 10.3 acre parcel into 60 lots intended for single-family residential development. The proposed subdivision would have included a north- south street running through the approximate center of the parcel with connections to SW 109th Avenue, as well as to the property to the A west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the northern end of the subdivision. SW 109th was to be improved to local street standards and have a number of single-family lots fronting on it. The proposed subdivision was approved by the Planning commission but has yet to be recorded. Also on June 6, 1989, the Planning Commission reviewed a proposal for Planned Development/Site Development Review approval of a request to construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of the previously described proposed subdivision (Planned Development PD 89-02, Site Development Review SDR 89-06, Variance V 89-20). The Planning Commission approved the proposed development plan which included a cul-de-sac bulb at the end of the northern segment of SW 109th Avenue, approximately 250 north of the cul-de-sac bulb approved for the single-family subdivision. The proposed dual cul-de-sacing of i SW 109th Avenue was intended to provide a separation between the predominately multi-family residential character on the top half of Little' Bull Mountain from the primarily single-family residential character of the neighborhood along the south slope of Little Bull ` Mountain and the properties to the south. The Planning Commission's final orders- for both the subdivision and apartment proposals, however, noted that if either of the proposed developments did not occur as proposed, it would be necessary to re-evaluate the road patterns in this area. In September, 1989, the Planning Commission was presented with a request to reconsider the application for the proposed 72 unit apartment complex because a significant number of neighboring property owners that were entitled to notice of the public hearing on the matter did not receive notice and did not have the opportunity to testify before the Commission. The City Attorney's office reviewed this request and advised staff that the request be placed on the Commission's November 7, 1990 meeting agenda. The applicant, Terry t Cook, requested that the hearing for reconsideration be indefinitely postponed until the applicant determined whether to pursue the F application further. No other land use or development applications have been reviewed by the City for Tax Lots 600, 700, and 800. 3. Vicinity Information P The development pattern in the area of the subject site consists of c` FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 3 4 C pp t t I i existing duplexes and a 130-unit multi-family development to the north; a condominium development to the northeast; single family residences and a nursery on large lots to the east; an undeveloped parcel covered with tall fir trees to the west; Pacific Highway and Ring City further west; and the Summerfield planned community to the south. The existing zoning pattern in the area is illustrated on Exhibit One. The subject property has approximately 890 feet of frontage on SW Naeve Street. SW Naeve Street is designated as a minor collector street by the City's Transportation Plan Map. SW Naeve Street is generally substandard in width and state of improvements, with the exception of the frontage of the Fountains at Summerfield development to the south. Half-street improvements, including approximately 30 feet of pavement, curbs, a sidewalk, and streetlights have been installed'along the Fountains frontage. Pacific Highway, a 4-lane divided arterial, is located approximately 500 feet west of the subject property. A left-turn lane is provided for southbound traffic onto SW Naeve Street. The intersection of SW Naeve Street and Pacific Highway is not signalized. The subject. parcels have approximately 1500 feet of total frontage along the alignment of SW 109th Avenue. SW 109th Avenue, north of the intersection with SW Naeve Street, is a steep gravel road extending approximately 1200 feet to a dead end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet of frontage along this northern section of SW 109th Avenue. The City's Transportation Plan Map calls for the two segments of SW 109th to be. connected (Exhibit Two). SW 109th Avenue *is classified as a K~ local street by the Transportation Plan Map. The site also has approximately 360 feet of frontage on SW Pacific Highway. No improvements are proposed along that site frontage. 4. Site Information and Proposal Description The subject 27.2 acre property contains houses on Tax Lots 200, 700 800, and 9300. The remainder of the property is vacant, covered with a combination of tall fir trees, lower deciduous trees and brush. T;,e property slopes predominantly to the southwest at varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800 has a slope of greater than 25 percent. The applicants propose to develop a 364 unit apartment complex on this site. The development would include 120 one-bedroom, 148 two-bedroom, and 96 three bedroom units for a total of 364 units. All buildings would be two stories tall. Also proposed would be a recreation building located near the center of the site, approximately 400 feet north of SW Naeve Street. A gymnasium, pool, playground areas, and walking path are proposed to provide recreational facilities for the proposed development. The areas of tax lots 600, 700 and 800 would not include any new improvements. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 4 Parking would be provided by 701 total parking spaces consisting of 368 covered parking spaces (combination of garages and under apartment buildings), 14 designated handicapped parking spaces, and 319 other uncovered spaces. The development would be served by one 36-foot wide primary access driveway from SW Naeve Street, as well as four 30-foot wide access driveways onto SW 109th Avenue. The internal roadway system would connect these driveways along the primary roadway extending northward through the site. A network of five foot wide sidewalks would be provided along the primary roadway and between parking areas and residential buildings. A north-south soft surfaced pathway would also be provided through landscaped and tree covered area on the eastern portion of the site. i The site plan notes a 5 foot wide right-of-way dedication along SW 109th Avenue and construction of three quarter street improvements including pavement, curb and sidewalk. The site plan also notes.a 10- foot wide right-of-way dedication along SW Naeve Street as well as construction of three quarter street improvements. The preliminary landscaping plan shows existing trees that are [ proposed to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 800 is to be left with the existing vegetation. The r landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the site to create a park-like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. A painted chain link fence would be included in the buffer areas. (NOTE: Some inconsistencies in proposed improvements are evident between the grading, landscaping, and site plans. The site plan dated April 2, 1990 is the most recent of the submitted plans. The applicants have noted that the proposed ponds will be eliminated or reduced in number from what- is shown on the landscaping plan. Revised landscaping and grading plans that correspond with the April 2, 1990' site plan will be submitted prior to the hearing on this ` application.) ' 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and has offered the following comments: . a. The site has frontage onto SW 109th Avenue, SW Naeve Street, and SW Pacific Highway. SW 109th Avenue is a gravel surfaced local street with the northern portion unimproved. The applicant has shown the street to be improved connecting Naeve Street to the existing 109th Avenue extending from Canterbury Lane. The improvements are shown to consist of 3/4 street improvements, (half street plus 10 feet) as recommended by staff. The preliminary profile indicates the grade to be 15 percent, the maximum allowed by the Fire District. Due to the slope of the existing ground, no C FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 5 r E F t a alternative to this road grade is available. SW Naeve Street is a partially paved, mostly gravel surfaced minor collector street. Three-quarter street improvements (half street plus 10 feet) should be provided where the graveled surface exists along the site's frontage. Interim improvements should be provided to the gravel portion of Naeve Street between the site and Highway 99W. The interim improvements should consist of a minimum of three inches of asphaltic concrete, 24 feet wide, over ten inches of aggregate baserock. The existing gravel section can be included in determining the depth of additional baserock required. A 25 foot radius curb return should be provided at the 109th Avenue/Naeve Street intersection. Pacific Highway is under the jurisdiction of the State of Oregon. Existing improvements consist of the paved roadway with a gravel shoulder and a ditch. The State has requested that curb, sidewalk and drainage improvements be provided along the site's frontage. b. A traffic report submitted by the applicants concludes that the unsignalized intersection at Naeve and Highway 99W will continue to function adequately with the.traffic generated by the proposed development. The State Highway Division accepts this conclusion. No additional improvements are needed at the intersection. The report also concludes that the proposed development will have only-minor traffic impacts on.109th Avenue north and south of the site: We question this conclusion. The report assumes that most of the-destinations•of traffic to and from the site will be to or from *points. to the north, a reasonable assumption. The report further assumes that all trips to and from the north will use Highway 99W, an assumption which we question. Currently, in the south Tigard area, many motorists use Durham Road and McDonald Street to access I-5 for northbound trips. It seems reasonable to assume that. traffic from the proposed development would also use 109th Avenue and connecting neighborhood streets to access Durham Road and McDonald Street. If so, traffic volumes on the neighborhood streets would be higher than projected in the traffic report. The neighborhood streets have adequate capacity to carry the additional traffic; i.e., it is unlikely that traffic jams would occur. However, it is likely that residents of the neighborhoods will find the additional traffic volumes unacceptable, especially in the Summerfield area. The applicants have proposed no measures to mitigate these impacts. During preliminary meetings with the applicants, staff encouraged FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 6, them to explore alternative ways to provide access while reducing potential neighborhood impacts. Potential alternatives discussed included construction of a direct access to Highway 99W at the Beef Bend Road signalized intersection and reconfiguration of the 109th/Naeve intersection to discourage through traffic in Summerfield. The Planned Development overlay zoning allows and encourages creative solutions with some variation from the usual zoning requirements. The applicants have chosen not to pursue any alternative access concepts. The only alternative explored in the traffic report is to require all traffic exiting at the driveway onto Naeve Street to turn right toward Highway 99W. Staff found this suggestion unacceptable, as it would be difficult to enforce. In the final submittal, the applicants have dropped this idea and shown direct access to 109th Avenue. To summarize: We believe that traffic in adjoining neighborhoods will be higher than indicated in the traffic report. ° From an engineering viewpoint, the streets will. adequately carry the additional traffic. However, the additional traffic will likely be unacceptable to the residents. Additional traffic will generate -noise ( and safety concerns. ° We believe that alternative access plans could be developed by the applicants to reduce traffic on 109th Avenue. c. Most of the site slopes toward Naeve Street which then drains to. 109th Avenue and Pacific Highway. The proposed storm drainage. System is shown to collect runoff from the developed portion of the site and discharge into an existing system in 109th Avenue at Naeve Street. Presently a portion of this area drains toward Pacific Highway along Naeve Street. This development should reduce the drainage toward Pacific Highway from the site. The existing pipe to be connected to in 109th Avenue should be evaluated to determine if it has adequate capacity to handle ultimate development of the entire drainage basin. d. Sanitary sewer is proposed to be extended through the site from the system at the corner of Naeve Street and 109th Avenue. This system has adequate capacity to serve the site. The Oregon State Highway Division has reviewed the proposal and has commented that curb, sidewalk, and storm drainage is required along the site's Pacific Highway frontage. The Tigard Water District has reviewed the proposal and has noted that r FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 7 the site requires service from two water pressure zones. Zone 1 is supplied by the pressurized system on the top of Little Bull Mountain. Zone 2 is a gravity system from the existing water line at the corner of SW Naeve Street and SW 109th. In addition, the Water District has noted that because of the size of the buildings, each building is to have its own 2-inch water meter. The irrigation system will need to be metered separately with Turbo meters. Water meter locations are to be provided with a minimum planter area of 3 feet by 5 feet. This also holds true for fire hydrants. Water meters and fire hydrants are not allowed to be located in asphalt or concrete, or behind carports, garages, or retaining walls. All water lines must be ductile iron class 52. The Tigard School District has reviewed the proposal and has noted that the proposed complex is located within the Templeton Elementary/Twality Junior High attendance boundaries. This proposed development, along with 31 other currently proposed developments, is anticipated to generate 67 new students for Templeton Elementary and 89 students at Twality Junior High. The Tigard School District may not be able to accommodate these students at those schools. Prospective occupants should be advised that students may need to be bussed to other schools. After the District completes its new middle school in 1992, there should be room available at Templeton Elementary and Twality Junior High Schools. The Washington County Consolidated Fire District has reviewed the proposal and has commented that hydrant locations will need to be coordinated between the Fire District and the Tigard Water District. The City of King City has reviewed the proposal and has commented that - the City is concerned with the volume of runoff that would drain westward from the site to a storm sewer on the east side of Pacific Highway and.into the King City storm sewer system. In addition, King City is concerned about chemical run-off from impervious surfaces that. would ultimately flow into the Tualatin River. Ring City has also raised concerns regarding traffic safety at the intersection of SW Naeve Street and Pacific Highway. King City believes that vehicles crossing the northbound lane and turning southward onto the highway will create a serious traffic hazard because there is no traffic signal and there may be insufficient vehicle stacking room. The City of King City also questions whether the intersections of Pacific Highway and Durham Road, and Pacific Highway and McDonald Street are adequate to handle the additional traffic that will be generated by this development. Neighborhood Planning organization 6 has reviewed the proposal and recommends that SW 109th Avenue remain closed as it now is. The NPO also recommends that the three proposed southern accesses onto SW 109th should be eliminated. In addition, the NPO urges that a right- turn only be allowed onto SW Naeve Street from Pacific Highway, and that a complete inventory of trees be conducted prior to issuance of any tree removal permits. The NPO notes that Little Bull Mountain is FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 8 `mow a designated scenic area in the City of Tigard Comprehensive Plan Resource Document. Further, the NPO recommends that a primary access to this site be developed from Pacific Highway at the intersection of Pacific Highway with Beef Bend Road. The NPO notes that the Comprehensive Plan's locational criteria for multi-family developments states that access and egress should be directly to major and minor collector streets, and not local streets like SW 109th. The City of Tigard Building Division, Washington County Department of Land Use and Transportation, Metro Area Communications Commission, PGE, and GTE have reviewed the proposal and have issued no comments or objections. No other comments were received. B. ANALYSIS R-25 and R-12 Zoning Districts Multi-family residential use of the site is a permitted use in both the R-25 and R-12 Zoning Districts. 96 dwelling units are proposed on area that provides an opportunity for approximately 101 units in the. area of the site designated with the R-25 zone. 268 dwelling units are proposed on area that provides a maximum opportunity for 270 dwelling units on the portion of this site that is designated with the R-12 zone. The applicants' density calculations are noted on C sheet A100 of the proposed site plan. Proposed site improvements comply with both the R-12 and R-25 district requirements for building height (45 foot maximum allowed; 35 foot maximum height proposed), lot coverage (maximum allowed site coverage of 80 percent; proposed site coverage of less than 50 percent), and landscaped area (minimum landscape coverage of 20• percent; proposed landscape coverage of greater than 50 percent). All proposed building locations satisfy minimum building setback requirements except for proposed building M along SW 109thAvenue which intrudes slightly into the required 20 foot corner yard setback. Revisions should be made to the site plan to place this building in conformance with the setback standard. Site Development Review The proposal complies with Community Development Code Chapter 18.120 Site Development Review standards for provision of private outdoor areas (balconies), shared recreation facilities, (swimming pool, recreation center, pathways), screening of service facilities, multi- family residential building separation, and design offsets along building faces. Dwelling units and the recreation center have been situated toward the interior of the site so as to reduce possible noise impacts on neighboring properties and to increase visual privacy between adjacent uses. Reasonable care has been taken to preserve a number of mature trees on the site as shown on the grading plan. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 9 Other Site Development Review standards related to other Community Development Code standards are reviewed below. Access and Circulation/Roadway Improvements The proposal satisfies Community Development Code Chapter 18.108 standards for internal roadway widths (minimum width of 24 feet), number of access points (5 required; 5 provided),and pedestrian circulation. In addition, the proposed roadway system will provide good emergency vehicle access and maneuverability through the site despite the site's steep grade. While the Commission agrees with the NPO that primary access to this site from Pacific Highway would be preferable to the proposed plan with respect to reducing impacts upon local streets and adjacent uses, the plan does provide for the primary access to be on SW Naeve Street, a minor collector street, a short distance from its intersection with Pacific Highway, an arterial, and thus provides an adequate and safe, although perhaps not ideal, primary access. The Comprehensive Plan's locational criteria for Medium Density Residential and Medium-High Density Residential Plan designations with regard to access to collector streets and arterials are used for determining how properties are to be designated for future use and are not intended to be determinative of where all accesses for a development are to be placed. To require all five required accesses for this development to be located on its collector street and arterial frontages would result in poor internal circulation, inadequate emergency vehicle access, and possible traffic problems on SW Naeve Street because of the number of locations where vehicles would be making turning movements. The Commission finds that the proper method for providing adequate access and internal circulation for the development and protection of the Summerfield community from .southbound trips on 109th Avenue is to barricade 109th on the south side of Naeve Street. In addition, the Commission finds that 109th Avenue should not be extended north at this time. Parking The site plan provides for an appropriate number of parking spaces for a 364 unit apartment development (594 parking spaces required; 701 parking spaces provided), covered parking spaces (364 covered parking spaces required; 368 spaces provided), and allowable compact to total required parking space distribution. The site plan appropriately designates 14 handicapped accessible parking spaces that are distributed throughout the site (a minimum of 14 designated handicapped accessible spaces are required). It is recommended that several of these designated handicapped parking spaces be located under cover to better serve the needs of handicapped residents of the proposed development and handicapped visitors. AIW- FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 10 Landscaping The proposed landscaping plan provides appropriate locations, types, spacing and sizes for required street trees. The plan also provides appropriate understory plantings along the site's frontages to reduce the impacts of on-site traffic lights on adjacent uses and traffic on the abutting streets. The plan provides for a row of evergreen trees along the site's northern boundary to provide the required buffer area between this site and the adjacent existing apartment complex. Proposed internal site landscaping will provide appropriate numbers of parking area trees, provide buffering and screening between the proposed buildings, and should supplement the trees and other existing vegetation that is to be retained to make an attractive development. The proposed development and its attendant significant amount of grading will necessarily require removal of a number of large trees. Reasonable care appears to have been taken to plan the development with respect to retaining a significant amount of the existing mature trees. The western section of the site above Pacific Highway will retain its existing vegetation. A detailed tree survey of the balance of the site will need to be submitted with the revised site and landscaping plans. If possible, the applicants should endeavor to retain more mature trees in areas that will not undergo grading. A tree removal permit will be required before trees with a diameter of six inches or greater can be removed. An arborist's report will be required prescribing measures to be followed for protection of existing trees to be retained. signs The site plan shows signs to be located at the development's SW Naeve Street entrance and along SW Pacific Highway. Sign details are not included. Community Development Code Section 18.114.130 permits. housing complex identification signs to be located only at entrances to the development. The sign along SW Pacific Highway should be removed from the necessary revised site plan prior to building permit issuance. A Sign Code Variance to allow this sign location may be applied for separate from the current application. Sign permits must be obtained prior to erecting any sign. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Tigard Community Development Code Chapters 18.54, 18.56, 18.80, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. (Source: Planned Development Approval Standards - code section 18.80.120 and Site Development Review Approval Standards - Code Section 18.120.180). The Planning Commission has determined that the proposal, with minor modifications that should be required to be made prior to building permit issuance, is consistent with applicable portions of the Community Development Code based upon the following findings: j FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 11 1. Chapter 18.54 (R-12 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-12 zone with the exception of the corner yard setback intrusion of proposed building M. The site plan should be revised to locate that i building in conformance with the corner yard setback requirement. j 2. Chapter 18.56 (R-25 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-25 I zone applied to the western portion of Tax Lot 200. s 3. Chapter 18.80 (Planned Development) is satisfied because the proposal is to be reviewed by the Planning Commission as required by the provisions of the Planned Development overlay zone. s 4. Chapter 18.92 (Density Computations) is satisfied because the site s plan provides an appropriate calculation of the permitted number of housing units for the site and the proposed development would provide fewer than the allowed number of dwelling units. 5. Chapter 18.96 (Additional Yard Setback Requirements and Exceptions) is C satisfied because the site plan provides for appropriate distances between multi-family residential buildings so as to assure privacy to fi residents and to also provide adequate light to all units. 6. Chapter 18.100 (Landscaping and Screening)' is satisfied because plans for tree retention and added landscaping satisfy Code requirements for minimum site area landscaping, street trees, perimeter buffering, and vision clearance at intersections. The site plan should, however, x be revised to retain additional existing mature trees in areas that do not need to be disturbed to accommodate the proposed buildings and { roadways. A detailed tree survey and arborist•s report must be submitted. 7. Chapter 18.102 (Vision Clearance Areas) is satisfied because proposed improvements at driveway/road intersections are located or sized with respect to maintaining clear vision for motorists and pedestrians. 8. Chapter .18.106 (Off-Street Parking) is satisfied because the site plan satisfies Code requirements for number of total parking spaces provided, covered parking spaces, compact/total parking space ratio, designated handicapped parking spaces, and parking area lighting. i, d 9. Chapter 18.108 (Access, Egress, and Circulation) is satisfied because r: the site plan provides for safe and efficient access and egress for the proposed use and for general circulation on the site. The plan: provides for five access driveways for the proposed 364 unit development in compliance with Code Section 18.108.070.D. The plan also provides for adequate and safe pedestrian sidewalks through the site. The access and internal roadwa ik proposed y plan provides for k adequate emergency vehicle access and maneuverability through the site. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 12 v m 10. Chapter 18.114 (Signs) will be satisfied when the site plan is revised to locate signs only in conformance with Code allowances. Sign permits must be obtained prior to the erection of any sign on the site. 11. Chapter 18.120 (Site Development Review) is satisfied because the site plan generally provides for the proposed buildings and other site improvements to be located so as to preserve existing trees and to minimize alterations to the site's topography and drainage systems. The site plan also situates the buildings so as to provide for privacy and light for the proposed dwelling units and to assure compatibility between the proposed development and adjacent uses. The proposed recreation center, pool, and walking trail will provide appropriate recreational facilities for the development's residents. 12. 'Chapter 18.150 (Tree Removal) will be satisfied because the applicant will be required to obtain -a tree removal permit prior to removing trees in preparation for development. Permits will be granted only if it is found necessary to remove the trees to accommodate structures, driveways, utilities, or other proposed site improvements. The site plan illustrates trees within the development that will be retained. A -detailed tree survey and an arborist's report outlining methods of protection of the trees to be retained must be submitted prior to the issuance.of a site grading permit or a tree removal permit. 13. Chapter 18.164 (Street and Utility Standards) will be satisfied upon approval of public improvement plans for and construction of the proposed improvements to SW Naeve Street, SW 109th Avenue, and SW Pacific Highway. Approval of- public improvement plans is required prior-to the.issuance of building permits and tree removal permits for the proposed development. The proposed development will contribute a substantial amount of traffic to nearby streets such as Pacific Highway and the public streets through Summerfield. This additional traffic should not be allowed to travel south on 109th Avenue into Summerfield. The proposed storm drainage system will Collect stormwater from the portion of the site to be developed and direct this water to the storm sewer at the intersection of SW 109th and Naeve. The public improvement plans should include an analysis of the anticipated stormwater flow from this area. Drainage pipes shall be sized accordingly. Some stormwater drainage resulting from the interim improvements to SW Naeve Street will be directed towards King City through a culvert under Pacific Highway. The City should coordinate the review of final storm drainage plans for this section with the City of King City. Total stormwater flow from this site to the west should be reduced because the on-site storm drainage system should capture some overland flow that would drain westward if the site remained undeveloped. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 13 i ' i C. DECISION i The Planning Commission APPROVES Planned Development PDR 90-0002/Site Development Review SDR 90-0004 subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. The site plan shall be revised to relocate proposed building M a minimum of 15 feet from the site's eastern boundary in conformance with the corner yard setback requirement of the R-12 zoning district and to remove the proposed signage from the project's SW Pacific Highway frontage. STAFF CONTACT: Jerry Offer, Planning Division (639- 4171) 2. •A complete set of revised landscaping, grading, and utility plans conforming with the site plan shall be submitted: STAFF CONTACT: Jerry offer, Planning Division (639-4171). 3. •A demolitioa permit shall be obtained prior to destruction or moving any of the existing buildings on the site. STAFF CONTACT: Brad Roast, Building Division (639-4171). 4. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings and one (1) "itemized construction cost estimate, all prepared by a Professional Engineer; shall be submitted for final review and approval (NOTE: these plans are in. addition to any drawings required by the Building Division and' should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Division-(639- 4171). 5. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approvE3 the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 6. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to State Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 7. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. Awl aim FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 14 A copy of the permit shall be provided to the City Engineering Division prior to issuance of a Public Improvement Permit. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 8. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities shall be installed along the 109th Avenue frontage. The grade shall be allowed to be a maximum of 15 percent. 109th Avenue shall not be connected to the existing northern segment and it shall be terminated at the north end of this project in a manner approved by the Engineering Division. A barricade shall be installed across 109th Avenue, to the south of Naeve Street, in a manner approved by the Engineering Division. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 9. Additional right-of-way shall be dedicated to the Public along the 109th Avenue frontage to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Division. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 10. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, ( storm drainage, streetlights, and underground utilities shall be installed along the Naeve Street frontage. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent* improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171).. 11. Additional right-of-way shall be dedicated to the Public along the Naeve Street frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Division. STAFF CONTACT: Jon Hagman, Engineering Division (639-4171). .12. On Naeve Street, interim street improvements consisting of a 24 foot wide paved street with 2 foot gravel shoulders and drainage ditches shall be installed from Pacific Highway to the site. The pavement section shall consist of a minimum of 3 inches of asphaltic concrete on a minimum of 10 inches of aggregate baserock. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 13. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement plans. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 15 Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering Division (639-4172). 14. The proposed privately-operated and maintained parking lot and/or roadway plan-profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 15. A grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 17. During construction of the on-site and off-site improvements, all construction traffic shall travel to and from the site via the intersection of Naeve Street and Pacific Highway. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street nor 109th Avenue. STAFF CONTACT: Coy Humphrey, Code Enforcement Officer (639-4171). 18. A detailed tree protection plan shall be submitted for Planning Division approval which includes locations and types of trees to be removed or retained, an arborist•s recommendation for methods of protecting retained trees during construction of the proposed 'apartments as well as for the long-term health of these trees. This tree protection plan shall include at a minimum all trees designated for retention on-the preliminary landscaping plan and should endeavor to add additional mature trees as practicable. The trees to be saved shall be protected during construction by fencing or similar means approved by the Planning Division. No site grading, clearing or tree removal shall occur prior to satisfaction of this condition. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171). PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. 1. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Jerry Offer, Planning Division (639-4171) 2. A sign permit shall be obtained from the Planning Division prior to the erection of an identification sign. Sign location and size must FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 16 be in accordance with the provisions of Section 18.114 of the Community Development Code. THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL APPROVAL DATE. It is further ordered that the applicant be notified of the entry of this order. 114- PASSED: This /l-:~day of May, 1990, by the Planning Commission of the City of Tigard. i nt i Fyre, =mMaission Tigard PlaSDR 90-04.PFO/kl t l` FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 17 d(~~25 RD endc~# ..LL,. , . r.~..~. - ~I I'I~I 1 1 1 1 1 1 1 I.~I I I, 1 1 1 1 1 I. 1 1 1 1 1 1 r f C l - ~.~:.-s~.~ h~l I LI I I I I I LI I 11.11.1.1 IJ..1._L_Ij.l I'1L Lf!~~11i~ili i.!r~i7r~i.llli~'I~ili,i Ilf~~i 1~ililr _{111{1 i1y111 III 1{1 i,i ili 11 I'i ili III 1{1 Ili iii I{1 ryl ni, ~~;r~=°- Fr _ . _ ~ ~ I I I I' l _ _I ~ ~ .I . I I I!~ ~ I I_ I _I ~ I -L~ , ~ I 2 3 4 _ 5 6 7 B 9 - 10 I I 12 ~ NOTE; IF THIS MICROFILMED - _ - . DRAWING IS LESS CLEAR iHAN ~ ~ THIS NOTICE,*IT IS DUETD THE: WALITY OF TFE OflIGINAL ~ ~ ~ ~ I~ `DRAWING. OE 6Z BZ LZ 9Z SZ, bZ EZ ZZ IZ OZ 61 81 LI 91 SI' bl EI ZI II 01 6 B L 9 5 b E Z I"+" ~r !u!I Ilulun uulun uulun nuhw 1111111111111IIIU InlJuu~w6gl~wdmIINO11Wllll_ ~IIIIU~111~IIO~III~111N IUllllllgl III IICIIIIIIIIIII~IIwlll~lUI~IIII~IIII~III~IW~IW~IIIi~ulhW~ln111111111111 W~II~1111~11u11Ullllp G , a ~ _ M.,-. . DEB A m - _ e _4 _ _ _ _ _ _ V I / k10 CG~NiE1~iJ:AY WOOG~ GOIIG~MII~~'J"~ Ga2H P1T ' R'12 ~ R0.5 900 'AO 9& 97o gyp 950 j4D 330 3m 9~0 30o Y 7fo. Zbo z7o 2mD 250 29O z7o ~ Q A / ,~I ._~~x.,,~' VV~.A6..11.f.GV-1JLC a W 5' '~jp • / v ~a - ~ - - - ~ ~ - - - - - - - - - - - - r ~ ~ P 20 A • • 20 A T20 F 24 B ~ % ~ ~ ~ ~ ~ C • I Q 20 D j / may ~ 0 ♦ ~ / ~ 0 d. 1 / / / I ~ I +387.0'4 ~ / 350.0 +J26.Ort ♦ / JIID.O' y ♦ ¢ 25e.' xlo' ° i 3460 ~ / . 55i en%K I I ~ +ges.o' ♦ / . +sz+.o' / ~ +307. ~r! ~ 11 m' ' / ~ 254 ' / / E i xc I +aet.o' e x u ~ 4 ~°6 ♦ o rf / . x7~lo•4 ~ 1 ,t' / ~ / / 4 ~ o O u ~ / Y 4- I 4 m :7 / ♦ ~3 C r / m ! ~v , q ~ ~ ~ rv° m 11 ♦ mts ~ r yr J _ _ ~ / I / - - ~0 GfDi(Lfia+ q a I ~~i / i ~ ~ 2~~~ 1. i / r ~ / ~ ~ lNEtl R.aWi 4 ~ 17 ~ ' ~ F ~ I C ♦ / E i IDEWALI-' F ~ , / ~ ~ Ij d4 ( • ~ 20 A / / Guar. vs _ ~ ,''K 20 A 1 ~ e, . PaaP~ rrud~ ~ 3 I! a (a.D RO.Yt) 1 p c & i I;1 :3 ~ ~ / ♦ 0 / ~ / 1o FPONf YnFL' i ~ b ~ ~ g 7~ ~ I~ i II m ~ 3o e / Q J / D / tY ~ / p ~ t_ ,f ~ I I m !I +31e. ~ ~o~ ~ ~ • ~ ♦ zs2D / / A I I ~ / +2msv , / / ° / / ~ ~ ~ llp0 _ ! ~ 1~ +3+4.0' r ~ r ! ° / ~ +3148' °r°B ~1,y ~ / o / / / / k, I HC 4I d / ♦ / ~ _ .v ~ li ~ +34xq~ ~ m I Z / ~ ~ F~ ~ p xc 390 ~ ~ j~ l ~ l ~ ~ / ~ c ~ r / t l/~' 1 ~ % N 0 3 m ~ ° ~0J ~ \ Fir c(~.E / ~ ~ ~4; ~ rZ v 1 i 2 ~ i z4 e w/ , n~ r<, , ~ 760 ~ ~ / 5' S1 dN.K. t'(P. y / / ~ % w ~ 1 y x \~lA~ / L!/ ~p. - ♦ a. ~,e ~ ~ / N J , ♦ 4 7 ~ ln; QO '6 , ' 370 c 4 i Rd23o1.%~ J ~ ~ / ~ 9~ i,y' / / l- ! ( 1 35~'° ,~g- / I ~o" ~ 7 ' m R•2=,wwt < ~ ♦ m ~H ~ 117.. I ♦ o" / m ~ ~ o ~ / ~ i s. ~ o - ♦ c~ 'D ~ ♦ c i m r a ~ ° ~ % / "f 1l~ N Q F`- M ♦ ' i u1 ; ~ I ♦ D 314. ♦ °e° 4~i'' + .e ~ ♦ +24e,°o' ~ / / ~ s ~ cAtrnlATloxs Q e d ° 350 ~ " 316, a~~¢ / ♦ •0 Zee ~ ♦ 'p ~ / / ~ 0 1 cross Azee: 27.19 acres V I \ 0 ~ ♦ Q / / 169x674.6 aq• ft. I N ` - ! C o ~ L e ~ o / / / -25 2ona -Y J 99D _ -..Z.._l ~ ♦ / ~ ~ • leas r. o.w. S dedications - 2,296.5 ♦ _ I / I _ ! 0 d 0 / ~ 1e9s prlVeie roads 18.360.0 I b ~ ~ ~ ~1 / / 149,178.1 s9• ft. 3 L-- - ' / N¢t unite per acres: 100.79 units ' _ ~ II 610 91 2 0 154,698.1 ? 1,480 = 26a , T7o too Yep 240 ~ ~ I.I II ~a R red P rkl na Stalls:_ R-12 2ona 1,014,561.8 sq. Yt. I 910 25% 5W'i 11115 F'~~I' I IDS ~~r;/ -1 ZE;~ 1-2 Bedroom: 268 units x 1,5 = 4 lase r.a.w. D dedications - 38,399.1 I I ~ P90 U~LEiEJJYFL 2+ Bedroom: 96 unite x 2 = 59 less private roads -115,320.0 " 6aa I I leas neneltiva lands ;~e.0oo.0 _ 15t shared puking: +90 1~ ~ ~ I ~ Rec. Building: ~ 822,842.7 sq. ft. ' I~ZPq Buildins c Unite ~ 696 stalls ~ Y9D '1 ~ I Bldg. 1 of Unlta/Typee 1 of Bldge. 1/1 2/1 2/1.25 2/2 3/2 Total Net Units per ncre: ' 364 covered 837,672.7 ? 3,050 = 269.78 units " ~ ~ A (12) 1/1 (8) 2/2 5 60 40 100 175 comport allowed Density transfer: (sensitive land) \ I p p q qg qg 96 105 bicycle 25t of ]8,000 e ~ -270 B (12) 1/1 (1) j'1.25 9,500:7,050 131S1Bi~ W ]77.68 unite ' ~ \ 1 D (20) 3/2 3 60 60 Perkins Stalls Prsvided• TOTAL UNITS ALLOWeD: 37] unite ~ , r/. \ 7fi6 Covered qpp \ E (8) 1/1 (12) ]/2 7 2@ .44 14 hendlcap TOTAL UNITS PROVIDED: ]§q unite / 124 compact z I ?DI rW.l 4"T7^~ '`-F-TPKf- 12D 'fig 4g qD 96 764 7p1 Stallard PLAN : SITE ' Q scams: ~•=so' J 5!d, 15D Bicycle Qm CUOINF !FIL N! B Ildlna Footprint 6aunre Pcoteae P%y,~01 Building: q CHKD: ' A 9,695 893fi B 8,272 ~ 06!'1,5/90 RGCNOA tl 4 C 7,326 p 12,660 ~ ~ ~ I o0 1 gF 1 _ 6 9,984 ~ , Aac Bldg 30 500 - . r-_....._.-- yF • I (1~IIgi 1111111 Iw)IPI11j41 III)III~IIIIIh IpllJl 1111111 111119 IPIIII gllh Ip111~ IIIIIVIIp~nl Ihlglllhltl III III IPIgI Ip xl Iplyl IN III IP 41 Ip~IP glpi' .u~.~~". 1 1 I I I I I t I I I__ 1 1 1 III V I I I I ,.h.,. tatEt IF TNI6 NIOWFIINFO 2 3 4 5 B 7 B B ~0 II I auwlw la use tuna MAe MIS NOT3CF, II t6 dlE N ' ME W41.lTT OF 11F OAIOIxm. _ DMMINO' I OE 82~ 82 t2 D2 fi YZ CZ 2Z~ IZ~ OZ al BI !I 91 DI bl CI ZI II OI ~ d B 2 D S „ b E Z I~ - ,W6ntlnnlunlnnll611Mdllnhmlunll6llnhbndpu6616~u1n61unlldlluuhnllBUlnnhul6mluuhmhudul~nuluul iq m>~mhnlllgiuwlolJpnllluGnl6uJIm61Wuu6nlllnlhudmdnnhulhWtflnBUVmlw~uuhm6ulluuh _ _ FEBRU~ARY'~' I,, TLL;; 19 1991 _ ~ - ct~ JOHN E. SEttiNETH 15559 S.W. 193ih TIGARD, 0,13 97224 Li May 30, 1990 r Mayor's Office City of Tigard P.O. Box 23397 Tigard, OR 97223 Gentlemen: Would you kindly put a copy of the enclosed petition in the meeting packet of each member of the City Council for the June 25 meeting. Thank you for this. j Very truly yours, ohn E. Benneth i r f i STATEMENT OF RESIDENTS OF S.W. 109TH AVENUE TIGARD To the Tigard City Council: t WE THE UNDERSIGNED, all residents of S.W. 109th Avenue, Ti- gard, wish to commend and support the recommendation of the Tigard Planning Commission to close S.W. 109th Avenue at the intersection of S.W. Naeve Street as a part of the approval of the medium to medium-high density residential development on Little Bull Mountain. Without this closure, the direct access of traffic to 109th Avenue from the 364 unts in the new development would completely inundate 109th Avenue as well as all of the Summerfield retirement community with high traffic density, creating safety hazards and massively im- pacting the nature of Summerfield as a planned community. WE DO HEREBY PETITION the Tigard City Council to support the recommendation of the Planning Commission to close 109th Ave. SIG D ADDRESS fw U`T SIGNED ADDRESS SIGNED .ct.c~~7'.('~~ cz+`' ADDRESS SIGNED Zl ( V ADDRESS 5- 7 v s Cv 4 TLL- A; SIGNED a/L"Y~ ADDRESS SIGNED ADDRESS SIGNED ADDRESS L y c~ S (j~.(J~ l tO V__" SIGNED „ ADDRESS la9 SIGNED 72. r ` ADDRESS A902030 S. !cJ /a (Continued on Next Page) rx Y~ I STATEMENT OF RESIDENTS OF S.W. 109TH AVENUE, TIGARD (Petition to Tigard City Council Page Two) F SIGNED ADDRESS I9 /S"'.~O SIGNED /j,4' cs-y ADDRESS S SIGNED qgQ~A& r O 5 ADDRESS It -6'5 SIGNED r t.. ADDRESS SIGNED 4. ef-&~ ADDRESS S za? - e". SIGNED ADDRESS ~3! /i ( ti f SIGNED 221 ADDRESS SIGNED ADDRESS_ /5 f ~5- S (eJ _ /a~~_ f i r jY C! GS P: fsY /S 7 C t STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGARD To the Tigard City Council: WE THE UNDERSIGNED, all residents of Summerfield, Tigard, wish to commend and support the recommendation of the Tigard Planning Commission to close S.W. 109th Avenue at the intersection of S.W. Naeve Street as part of its approval of the medium to medium-high density residential development on Little Bull Mountain. Without this closure, the heavy flow of traffic through Summerfield from the 364 units in the new development will completely inundate the Summerfield retire- ment community with high traffic density, creating safety hazards and massively impacting the nature of Summerfield as a planned community for senior citizens. Other future devel- opments still to come on Little Bull Mountain will exacerbate the situation even further. WE DO HEREBY PETITION the Tigard City Council to support the recommendation of the Planning Commission to close 109th Ave. SIGNED ADDRESS % S .w l~ Z-~- SIGNED ADDRESS ~f.T2Z. s, icy . Z C 7.f~2_ SIGNED ADDRESS- ~r p°~T SIGNED ADDRESS 4T~a 4 SIGNED (Q~ ADDRESS / Spa cS b✓ t ~S 'j1~'+4'E'D, O/~ 0 SIGNE ADDRESS SS mL SIGNED i ADDRESS C~`iS S •W k C( 11-8 ~~A+ Q SIGNED ADDRESS S. C71 SIGNED ADDRESS J l (Continued on following pages) .f r STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGAR (Petitio`n` to Tigard City Council Additional Page) it. SIGNED , J-j ADDRESS CLE - &v-- Ok J, CSC 325 SIGNED ADDRESS (62.1 SIGNED ADDRESS SIGNED ADDRESS SIGNED ADDRESS SIGNED ADDRESS /-5~ XeJ g ~~c~ ; ~ ~ SIGNED ADDRESS 5 11 S Zz Y SIGNED ADDRESS 1 ~Z Z- y~' OCa SIGNED • ADDRESS SIGNED ADDRESS / :`r.. ~ ~1 l ~15~•`~''~ ~r /.ir,, ~ ^ SIGNED 6 ►'7 ~ a v f t- a i"C c~ e ADDRESS 5 ' 19 . Cl7 Z;? 4 SIGNED ADDRESS rsz r / f r SIGNED ~ ADDRESS 77-) y (Continued on following pages) STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGARD (Petition to Tigard City Council Additional Page) 1 SIGNED )1.~, ~fl•~~, ('l _ ADDRESS SIGNED ~~/2✓!~~.% ADDRESS / . s, r'-±.I !1 ✓J _..'.r: I~ L Z y SIGNEDC ~'~✓?~cG~J aCl c~+ _ ADDRESS - So J . ~:✓~„2~/g.~~ 4~c^-`C.. SIGNED ADDRESS -r SIGNED ADDRESS,//' SIGNED jl~K,'i!.` ADDRESS C' p j i .r -'i. ! yf/ i i', /r /G) _ , SIGNED ADDRESS- /l2~~` f cal Gly~ lF.icrP - SIGNED Z,,CC;J , ,eA_-rt__- _ ADDRESS SIGNED 1 J C < J OA, ADDRESS ~`~`F S ~J1 G- 3 i SIGNED ADDRESS SIGNED =z. r ? ADDRESS si SIGNED ADDRESS ~_`~~1 c'='~'?r ,.f'~`'`r - ,~.r~ SIGNED ADDRESS 1, S~ S• K' ~ f J, _ (Continued on following pages) STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGARD To the Tigard City Council: WE THE UNDERSIGNED, all residents of Summerfield, Tigard, wish to commend and support the recommendation of the Tigard Planning Commission to close S.W. 109th Avenue at the intersection of S.W. Naeve Street as part of its approval of the medium to medium-high density residential development on Little Bull Mountain. Without this closure, the heavy flow of traffic through Summerfield from the 364 units in the new development will completely inundate the Summerfield retire- ment community with high traffic density, creating safety hazards and massively impacting the nature of Summerfield as a planned community for senior citizens. Other future devel- opments still to come on Little Bull Mountain will exacerbate the situation even further. WE DO HEREBY PETITION the Tigard City Council to support the recommendation of the Planning Commission to close 109th Ave. 1 SIGNED ADDRESS/ 5'l, ~6 SIGNED-- - ADDRESS SIGNED .!t t<y-._ 57~, ADDRESS J S76 f SIGNED~- J W jg r c r, a S rJ -7 2 y ADDRESS I J J 3 S W O kT mss N l f'_~! SIGNED JOh~ Rio cl~ IJ'V ? r S!%_~r.,,tv:~~-'/r' ADDRESS /`,Nl✓` .'-1 7 _ ~i ^ t-.c s + ~c`if U ;~7- SIGNED ) 11r•f `5~ j l h ',•';r + °`n f ADDRESS SIGNED/ rr"r "I~• ADDRESS SIGNED I,~~ ADDRESS,;,~9e -5- c..z SIGNED ADDRES,.-t/ ~d~'' r//ZLY (Continued on following pages) STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGARD To the Tigard City Council: WE THE UNDERSIGNED, all residents of Summerfield, Tigard, s wish to commend and support the recommendation of the Tigard Planning Commission to close S.W. 109th Avenue at the r: intersection of S.W. Naeve Street as part of its approval of the medium to medium-high density residential development on Little Bull Mountain. Without this closure, the heavy flow of traffic through Summerfield from the 364 units in the new development will completely inundate the Summerfield retire- f.. ment community with high traffic density, creating safety hazards and massively impacting the nature of Summerfield as a planned community for senior citizens. Other future devel- opments still to come on Little Bull Mountain will exacerbate the situation even further. a WE DO HEREBY PETITION the Tigard City Council to support the { recommend/aat'on of the Planning Commission to close 109th Ave. h. SIGNED G'N ADDRESS SIGNED ADDRESS SIGNED L ADDRESS I ~Jf ~~t I~ PLC •t.~'f I 1 l C~~/l' - SIGNED Tn, r °vvl ADDRESS 1 t, ; fi (t 1 -r t d j'. rr , a a SIGNED ADDRESS SIGNED ADDRESS SIGNED_.~ r Cal ADDRESS___ j -7 J R SIGNED L ADDRESS SIGNED ADDRESS ~ :,r , ` u' cr •r a , 4,e <<E- - e'Y. try'; - 4C,~r, (Continued on following pages) ` Li r STATEMENT OF RESIDENTS OF SUMMERFIELD, TIGARD (Petition to Tigard City Council Additional Page) SIGNED 01 ADDRESS SIGNED ADDRESS /~s f S / T C~'.; ~J' SIGNED r~I ~ C ILI- ADDRESS ,s SIGNED P / ADDRESS O L1. / ~J{~~ - SIGNED ADDRESS-/ 1~ S(O 9U) 1 I TP_ j GihcQ 1_ i/ SIGNED ell/ ADDRESS SIGNED u-,--C~-+~-- ADDRESS ~J'~~9J" J j~~ y--L~/~c. ~t._. .._G biz ? SIGNED - ~ c ` ADDRESS SIGNED %e \ J ADDRESS /~~~`~L.s2e~f.te'-~•t.+'L--' rifer SIGNED ~.c1/<_~ ADDRESS I- ~k r/ j SIGNED - - 7G (l { (C" ADDRESS : G rC~~ ice!,'' l {,•r. ? / < SIGNED ~Jc4i~ 1~ • /a`.~- e ADDRESS Les, )L SIGNED ADDRESS/ps/S~ / ~i-Z _ ri'~r.~_ f h ~r. i-> ✓!Y C~`/~(+ - 1 (ContinueO on following pages) f /-•'`_d,,.~ ~r/r~~~,~•...~c~,..r_,,,,~ ~O /J % v`- . ~.i'~ ,.~~j..`_c.,. ~--CGS. ~{'i G'-- ~.'~iJ ~T ~f- •-^-_'<1 ` k-J ®o % r 1 ~~„r9'.r ~.r. .J~ .cJ f'. / t?" r - $ ~;7L~~/ i;Ir..C'~,' a':`%~ yl~✓ J-~+ ~rRlf~:'~'-,~?"~r ~E:~~.i~•, y!`' I ~L%~~ RK (~rn` t' r?... r • `rte.', : f I ) .J `.r ,l.i ',~(,~I"~I' 4J. ~ 4 , ' (t~ _ • T • _ ~ ~PGGCQ.- / G~"177 ,d elI ~CcJ G ~C" c° • i°~ !!"',`w A 17 /17 3 G 1~3✓ C~~~~4~ P1r J P'~ fi't',..; :Jf~i/ri, ' ~.tlV+~✓> l rty o S cv Ct-L.~,s-~-~-•-.ja LQ~-.S.-Ca~_ ~7' i a~,.y.a~ ryr`+• s~ / 5 SSA 0 S W yam, i r t c' • , 1 4-1"C tE.-k.~.th; 3 2 411, 8'rfi' i i c June 11, 1990 Tigard City Council ' City Hall P.O. Box 23397 Tigard, Oregon F re: Hearing on SDR 90-0004/PDR 90-0002 Because we will be out of the country at the time of the June 25 scheduled Hearing, we are taking the opportunity to express our concerns in writing. As residents of. Summerfield, 15505 S.W. 109 Ave., only one house removed from the southeast corner of the development project, we have an immediate t and legitima-be concern with the community problems which will be created F'. by the development planned for the South slope of Little Bull Mountain. 6. We have two concerns. 1. The density of the development the Planning Commission has proposed for that area will create enormous water run-off problems. A'.large percentage of the property area will be covered with buildings and blacktop, eliminating much of the natural water absorption potential, and in its place, requiring the run-off to be carried in the storm sewn system. I have not seen any of the engineering work on the project, but it would be good guess that the plan is to channel the run-off through the Summerfield portion of that system. I would venture that it does not have sufficient capacity, and that the net result would be overflow and backup in portions of Summerfield poor planning to say to say the least. r 2. It is very poor public policy to channel traffic from a development of this size through existing neighborhoods. That will be the result of the 109th Street exits from the property as currently planned. The proposal to prevent this by closing 109th at the south side of Naeve is likewise poor public policy as it would effectively limit access for emergency vehicles to a fairly sizeable segment of Summerfield. Further, this proposal means that all traffic from the development would have access only along Naeve to Pacific Highway, causing an unacceptable volume of traffic at an uncontrolled intersection.: Would it not be a better plan all around to require the Developer to put a trunk street .through the development -that would exit all the additional traffic into Pacific Highway at Beef Bend Road where a- traffic light is already in place? This would keep additional traffic out of all the neighborhoods. g Thank you for your consideration.. 9,. SPR ly, / n W. dsay h NPO #6 UNANIMOUSLY SUPPORTED THE FOLLOWING MOTION AT THEIR APRIL 18TH MEETING AND WISH TO RESUBMIT THIS SAME MOTION TO THE CITY COUNCIL. t. NPO #6 FEELS THAT ITEMS 1 THRU 3 ARE VITAL TO THIS DEVELOPMENT WITH RESPECT TO TRANSPORTATION IMPACT ON THE SURROUNDING NEIGHBORHOODS. NPO #6 ALSO FEELS THAT WHEN LOOKING AT THE OVERALL PICTURE THE ACCESS TO 99W AT BEEF BEND ROAD IS AN ABSOLUTE NECESSITY. April 18, 1990 e TRIAD DEVELOPMENT/109th and Naeve The following motion was passed by NPO #6: Motion was made to 1. Leave 109th closed (blocked) at the point it is now. 209t9liminate the three proposed southern accesses onto 3. Build a new access to 99W through the NW corner of the . development. C~ This would leave three accesses to the development - West to 99W, South to Naeve and North to 109th (with 109th continuing over the hill to Canterbury Road) - with the primary access to the development being 99W. 4. Enforce right turn only onto Naeve Road. 5. Require a complete inventory of trees and which trees are proposed for removal. Little Bull Mountain is a designated scenic area in the Tigard Resource Document. z; Supporting Argument: Multifamily development locational criteria for transportation strongly support access and egress directly to minor collectors and collector streets not local streets like. 109th. The NPO supports this criteria and recommends principle access to this development be placed West to Pacific Highway. Ref. Tigard Comp. Plan - Findings Policies & Implementation Strategies\12.1.3.A(3) Mtg.al8 MEMO: These are my comments relative to Subject to be discussed at City Council meeting on June 25th. Please make copies -tor the mayor and each council member. RECEIVED 18 1990 C,01MMUN1TY DEVELOPMENT 10935 SW Highland Drive Tigard, Oregon 97224 June 15, 1990 Tigard City Council Re: File No. SDR 90-0004/PDR 90-0002 NPO No. b File Title: Triad Development Dear Members of the City Council: I was one of the hundreds of affected citizens who appeared at the hearing of the Planning Commission on the evening of May 8, 1990. I was most concerned with the design of the traffic flow from this proposed development. It was satisfying to note that the commission was also concerned about this potential problem. However, at least in my interpretation of the conclusions in their report, they failed to take definite action to insure that the problem be eliminated or at least minimized. When we chose Summerfield as a site for our new home, we e were seeking and found a quiet area with small lots on It, narrow, winding streets with very limited traffic. We paid a considerable premium for this situation. Unless there is a thoughtful design to the ingress and egress from this proposed new development, I fear that our choice of a homesite here in Summerfield will go for naught. Apparently as it is arranged, all traffic headed for I 5 would funnel down 1439th to Highland Drive to Summerfield Drive to 98th and then to Durham Road. In addition all high school traffic with its noisy cars and the necessary school busses would follow the same route. These streets were not designed for that kind of traffic. I understand that prior to the approval of this develop- ment, the potential traffic problem was given a high priority in the design configuration. I hope it still has the same urgency. It would be a shame to destroy the beauty and atmosphere of this peaceful Summerfield neighborhood if alternatives are available. Please give this problem your strongest consideration before approving this project. Resp tfully yours, L ~ Nicholson RECEIVED d 1990 rOMMUNITY DEVELOPMENT MEMORANDUM TO: City Council FROM: Keith Liden, Senior Planner RTRIAD SDR 90-04/PDR 90-02 Council Agenda Item 4. for June 25, 1990 DATE: June 21, 1990 Due to an oversight, the packet information which you have received for the June 25th Council hearing did not include an appeal of the Planning Commission's decision by an abutting property to the north. The appellant indicates that since new information was introduced at the Commission hearing, ORS 197.763 requires that the hearing be continued for a period of at least seven days prior to the Commission making a decision. The commission took action without a continuance and therefore, the decision is invalid and should be reversed by the City Council. A copy of the appeal is attached. SDR90-04.SUM/kl LAND USE DECISION APPEAL FILING FORM ti The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decisions. C17YOF TIVA The following form has been developed to assist you in filing an appeal of a land use decision in proper ~RE~~~ form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639--4171. 1. APPLICATION BEING APPEALED: SDR 90-0004/PDR 90-0002 Triad Development, Inc./Kampe Associates 2. HOW DO YOU QUALIFY AS A PARTY: See attached letter. 3. SPECIFIC GROUNDS FOR APPEAL. OR REVIEW: See attached letter 4. SCHEDULED DATE DECISION IS TO BE FINAL-: 5/22/90 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: Decision signed 5/11/90 6. SIGNATURE(S): See attached letter. *-xa(•x x-x x•x-x..x•x-x x-x-x-x x-x-x-x-x-x-x*X-x x.x x x.x.x-x-x-x**x-x-x..x.**.x x-x-x x-x x x x x*-x-x-X-X.*"-x x-x-x x-x xx•x~c x xaEx xjF E x FOR OFFICE USE ONLY: Received By: C. Wheatley _Date: 5/21/90 Time: 11:00 a.m. Approved As To Form By: C. Wheatley -Date: 5,01/9Q~_Time: 11600 a.m. Denied As To Form By: Date: --Time: j Receipt No. Amount: X x x~E-x-x-*X-K -"*x-x-x X-X"- x-x-"-X-X-x-E-x-X X-x.x•x-x-x-x iFx X-x-XE*-X *-x-x x SHE X X-x-x-)HE-x-x~Fx X-x-x jEdE x -x x N)(-X* •X-x-x• Check received in the amount of $315.00 on 5/21/90 by C. Wheatley. rt l it, L (-vw"t-1 9 ft C C~Tr~1 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4'71 PETITION FOR REVIEW MAY 211990 Application to be reviewed: Case No. SDR 90-0004/PDR 90-0002 Notice of Final Order - By Planning Commission Owner - Triad Development, Inc. Applicant - Kampe Associates Party Status: Petitioner is Helmut Kiffman, representative of property adjacent to the subject property to the north and within the notice area. Petitioner appeared orally before the Planning Commission through his counsel, Lawrence R. Derr, and is aggrieved and adversely affected by the action of the Commission. Grounds for Review: Petitioner requested that the Planning Commission continue the public hearing to permit an opportunity to review and respond to new documents and evidence provided in support of the application after public notice was given. Petitioner also requested that if the Planning Commission failed to continue the hearing as required, that it hold the record open and defer its decision for at least seven days. Petitioner was entitled to the continuance and the extension pursuant to ORS 197.763. The Planning Commission action made without continuance and extension is invalid and must be reversed by the Council. Date of Filing: The Planning Commission Final Order recites that it was passed on May 11, 1990, and that the appeal deadline is May 22, 1990. Fees: The appeal fee of $315.00 is attached. Petitioner's counsel has been advised by the City that a transcript fee is not required because the decision has already been called up for review by the City Council. Dated May 18, 1990. n La re ce R. Derr1 Attorney for Petitioner 111 S.W. Fifth Avenue, Suite 2300 Portland, Oregon 97204 (503) 243-2300 C~~aS'/qd a~dk Ll - TO: Tigard City Council FROM: Richard Watson 10290 SW Highland Drive -Tigard Date: June 25, 1990 RE: TRIAD DEVELOPMENT - 364 apartments 109th and Naeve Road, Tigard, OR (I would like this to be part of the record of this hearing.) Unless Summerfield is given the protection of the closure of 109th St. as recommended by the Planning Commission, I am opposed to the apartment complex on the basis of noncompliance with the standards of the Tigard Comprehensive Plan, Volume II. The introduction, on page one, paragraph two, states: "The purpose of the plan is to maintain and improve the existing quality of life for the residents by: 1. Prohibiting development which would cause a diminution in the existing quality of life for the residents of Tigard;" As originally proposed, the complex would have significantly increased traffic flow past my home, on the local streets where I walk, and past the Summerfield clubhouse. It would increase the likelihood of trespass onto my property and onto the adjacent golf course. I would like to address the traffic flow problem . The traffic study submitted by the applicant estimates 2420 vehicular trips per day. Even though the figure appears low, I cannot quarrel with it. However, the report assumes most traffic flow to the north and all traffic flow to Highway 99W by way of Naeve Road. I question these conclusions as does your planning staff report given May 8, 1990. It makes no account of Durham Road. Durham Road has become a major route for traffic not only to Interstate 5, but also to Tualatin and Hall Blvd., which itself has become an alternate route to Highway 217. No account is made for traffic flow to the nearby Albertson's shopping center. All of this traffic just mentioned would use 109th south to Highland Drive and on to Summerfield Drive through Summerfield. A very conservative estimate using 1/3 of the traffic directed to 4 Triad Development June 25, 1990 - Page Two Durham Road puts over 800 additional vehicles daily on the local streets mentioned. This probably amounts to at least a tenfold increase on Highland Drive. Chapter 8, Transportation, of the Comprehensive Plan includes the following finding under 8.1, Traffic Ways: "A major concern of the community regarding transportation is the need to maintain and improve the livability of residential areas in the face of increasing population and transportation requirements." Clearly, the increased traffic flow would not maintain and improve our residential livability. i The applicant stated that direct access cannot be provided to Highway 99W. Major access and egress is limited to the four driveways on a local street, SW 109th, and one on a minor collector, Naeve Road. For the record, I would like to point out that Chapter 12 of the Comprehensive Plan, Locational Criteria, states under 12.1, - Residential, that the following criteria will apply to low density residential: 1.A. (2) "Areas where street facilities are limited to collectors and local streets." It also states that the following criteria will apply to medium-high and high density residential: 3.1.(3) "Areas which have direct access from a major collector or arterial street." With some reservation, I would support the applicant's revised plan which prohibits the dramatic traffic increase on Highland Drive by means of a cul-de-sac on 109th St. This is more in line with the existing policies of the Tigard Comprehensive Plan. Richard Watson 10290 SW Highland Drive Tigard, Oregon Y S t S 4-~2! , ryNC) CQ la5l qvc, REPORT TO THE TIGARD CITY COUNCIL. JUNE 25. 1990 Howard Graham Introduction I am a resident of Summerfield. I am on the Board of directors. I do not live any where near 109th where the impact from the development will be most evident. I tell you this because I want you to realize that not only are the residents on 109th street concerned, but all of Summerfield is concerned with the outcome of this hearing. Oregonians and Tigard residents pride themselves in being able to distinguish right from wrong - - white from black. Yet here we are struggling with the very problem of what is right and what is wrong. And it appears that this is not an easy task. A developer is claiming that his plan is right. All of these people from Summerfield and from some of the surrounding areas are assembled here to protest and are claiming that his plan is wrong - - or at least part of the developers plan is wrong. Our major concerns about the proposed Triad 364 unit apartment are the high density housing on our boundary, and the traffic s impact on the community. And right away up jumps the issue of rerouting the automobile traffic so it will not impact Summerfield. High density housing The first question that I raise is this. Is it right to put such high density housing adjacent to Summerfield? Somewhere in the not too distant past, we were told that this would not happen. But it is happening. When the Albertson commercial corner was developed, it displaced residential housing which had to go someplace else. It looks like that some place else will be right on our doorstep. Already very high density housing is against our southern boundary. And now there is-proposed high density housing on our northern boundary. Is it right that we pay this a price this high as a result of °e S r1f the Albertson corner. It isn't^theAOnUIVV Y of extra human bodies in the area. It is the added number of automobile trips. And that is the main area where I want to focus your attention for a short time. Traffic impact Older persons community. Would it be right to almost nullify Summerfield's status as an "Older Person's Community"? C Summerfield has gone to a great effort to meet the requirements imposed by the Federal Housing and Urban Development Agency (HUD). When we met the requirements of HUD, we were designated as an "Older Persons Community". This designation entitles us to maintain residential age standards. It allows us to retain 1 our local rules and regulations for such things as maintaining standards for architectural matters and landscape characteristics. An immense amount of work has been expended to meet the requirements of HUD. All of our efforts to maintain and retain a fine "Qlder Person's Community" may be lost if you unleash the of these numerous additional automobiles traveling through Summerfield. Volume of traffic. How much traffic is involved? We have been advised that the rule of thumb applicable to this kind of housing is that it would generate about 8 automobile -trips per day per living unit. A simple calculation of multiplying 8 by 364 shows that this housing development would generate approximately 2,900 automobile trips per day. Of course, not all of this new automobile traffic would go through Summerfield. But some of it would. Somewhere around 500 or more extra cars per day would use Summerfield streets. That is, unless provision is made for rerouting the traffic. And of course we can't forget th&tt-school busses will also want to pass through Summerfield. Traffic in center of activities. Part of the traffic would pass down 109th street and make it's way over to Durham Street and the Albertson's shopping center. Other parts of the traffic would go down 109 th street, turn east on Summerfield Drive right down the center of the community trying to beat some of the Durham Street traffic or to Hall Blvd. in order to bypass part, of downtown Tigard. Both of these traffic patterns would violate our center of activities. Changing the traffic pattern Need for rerouting the traffic. There is a need for rerouting the traffic. What to do with it? It would be wrong to leave the applicant's plan as it was first presented. We especially agree with one part of your Staff's report to the Planning Commission. In describing traffic on neighborhood streets, Staff reported, . . it is unlikely that traffic jams would occur. However, it is likely that residents of the neighborhoods will find additional traffic volumes unacceptable, especially in the Summerfield area". We in Summerfield most certainly do find the posibility unacceptable. And we do agree with the Staff statement that, "additional traffic will generate noise and safety concerns". There has to be a way to reduce the impact on Summerfield. Let's do something to take some of the wrongness out of the project plan. One of the worst factors concerning the development is the traffic impact. Ways to reroute the traffic. The most promising solution to controlling the traffic would be to block off 109th street. We liked the solution proposed by the Planning Commission which was to block off 109th immediately south of the intersection of 109 and Naeve Road. There was recently published a newspaper article in which the Tigard planning staff was "having serious concerns about the closure on 109th". Believe me, we do not share these concerns. 2 In fact, we feel Just the opposite. We would have serious concerns if 109th street were not blocked off. We especially liked the proposal made by the applicant to modify their development to install a cul-de-sac on the upper end of 109th, build a graded turn from 109th onto Naeve Road and block off any traffic from coming down the hill into the lower end of 109th and Summerfield, The bottom line. I have indicated tentative endorsements for either of two plans that block off the traffic from coming into Summerfield. The bottom line is that we do not specifically care what plan you adopt so long as you keep the traffic from the Triad development out of Summerfield C 3 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 6/25/90 DATE SUBMITTED: 6/14/90 ISSUE/AGENDA TITLE: Street vacation PREVIOUS ACTION: Council initiated re est for right-if -wa located vacation on 5/14/90 south and east of Pacific Hi hw and Hi hwa 217 / PREPARED BY: Keith Liden DEPT HEAD O CITY ADMIN O / REQUESTED BY: P LICY ISSUE Should the City vacate an unimproved public street right-of-way if said vacation enhances a property's development potential, and the right-of-way is not needed now or in the foreseeable future for public utilities? INFORMATION SUMMARY Western Investment Management Co. has requested the vacation of two undeveloped street rights-of-way located to the north and west of Palmer Acres subdivision which is located south and east of Pacific Highway and Highway 217 (see the attached map). Requests for comments have been sent to surrounding property owners and to all relevant utility companies and public agencies. No objections have been forwarded to the Planning staff. However, GTE and PGE indicate that there may be a need for public utility easements if the rights- of-way are vacated. The decision before Council is to determine if is appropriate to vacate this unimproved right-of-way. It appears that the proposed vacation is in the best interest of the City because of its substandard width and the impediment it creates for the purpose of redeveloping the abutting properties. The attached ordinance authorizing the vacation includes a provision that establishes a nonexclusive easement to accommodate public utility facilities until such time as all such facilities are removed. Also included as part of the ordinance is a map and legal description of the affected area. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance vacating the right-of-way 2. Take no action at this time. FISCAL IMPACT All fees and staff costs will be paid by the applicant. SUGGESTED ACTION Approve the attached ordinance PALMER.ORD/kl CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE VACATING TWO UNDEVELOPED STREET RIGHTS-OF-WAY LOCATED TO THE NORTH AND WEST OF PALMER ACRES SUBDIVISION AND RESERVING UTILITY AND FACILITY EASEMENTS UNDER AND ACROSS PORTIONS OF THE VACATED RIGHTS-OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the Tigard city council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 14, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain portion of undeveloped and unnamed public street right- of-way because of its substandard width and the impediment it creates to redeveloping the abutting properties; and WHEREAS, requests for comment were sent to abutting property owners and no objections to the vacation have been forwarded to the Planning Department; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department subject to certain conditions as listed below; and t_ WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal; and WHEREAS, GTE and PGE have indicated that there may be a need for utility easements if the rights-of-way are vacated; and WHEREAS, in accordance with ORS 271.100 and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting the proposed vacation area and to all owners in the affected area, as described by ORS 271.080; and WHEREAS, the Council, having held a public hearing on June 25, 1990, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and ORDINANCE NO. Page 1 WHEREAS, the Council finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of-way located to the north and west of Palmer Acres subdivision because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. The City shall reserve an easement for public utilities or service facilities in the vacated area. 2. The vacation shall not be effective until the effective date of this ordinance, and until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The Tigard City Council hereby orders the vacation of those certain portions of public street right-of- way, as described on the attached Exhibit "A" (legal description) and Exhibit "B" (map) and by this reference made a part hereof. SECTION 2. The Tigard City Council reserves to the city of Tigard (City) a nonexclusive easement to use, construct, reconstruct and maintain public utilities or service facilities on the area described in Exhibits "A" and "B". The City may grant use rights for such use to third parties. This easement shall be perpetual; however, in the event that all of the utilities or facilities are relocated by the City or any third party, the easement shall automatically expire and the City, upon request, shall execute a quitclaim deed evidencing the expiration of the easement. ORDINANCE NO. Page 2 SECTION 3. This ordinance shall be effective the 31st day after its enactment by council and after a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. PASSED AND APPROVED this day of , 1990. Gerald R. Edwards, Mayor STATE OF OREGON ) ss. County of Washington) , 1990 Personally appeared Gerald R. Edwards, who, being duly sworn did say that he is the Mayor for the City of Tigard, Oregon, and that said instrument was signed on behalf of said City by authority of its Council; and he acknowledged said instrument to be its voluntary act and deed. [NOTARIAL SEAL] NOTARY PUBLIC OF OREGON My Commission Expires: APPROVED AS TO FORM: City Attorney Date mnd%tigard%streetva.ord ORDINANCE NO. Page 3 k r • EXHIBIT "A" A 20 foot wide undeveloped public roadway and a 16.5 foot wide undeveloped public roadway in Section 36, Township 1 South, Range 1 West, and in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; being more particularly described as follows: Beginning at a point on the south boundary line of the Geo. Richardson D.L.C. #38 South 83000' East 1098.2 feet from the northwest corner of the W.W.Graham D.L.C. #39, said point also being the initial point of Palmer Acres, a subdivision of record in Book 3, Page 26, said County's Plat Records; thence North 01012' West 241.2 feet, along the west line of said subdivision, to the northwest corner of Lot #8 of said subdivision, said corner of Lot #8 being the true-point-of-beginning of this description; thence running North 01012' West 1721.2 feet, along the west line of said subdivision, to an iron pipe in the center of sixty foot wide Taylors Perry Road (now kncwn as S.W. Pacific Highway), said pipe being the westerly most northwest corner of said subdivision; thence North 54039'30" East 85.35 feet, along the centerline of said Road, to an iron pipe, said pipe being the northerly most northwest corner of said subdivision; thence South 85022.30" East 291.75 feet, along the north line of said subdivision, to an iron pipe, said pipe being the northeast corner of said subdivision; thence South 01012' East 16.5 feet, along the east line of said subdivision, to the northeast corner of Lot #1 of said subdivision; thence North 85022.30" West 266.42 feet and South 54039'30" West 91.63 feet, along the north line of said Lot #1, to the most westerly northwest corner of said Lot #1; thence South 01012' East 1701.4 feet, along the west line of Lot #1, 2, 3, 4, 5, 6 and 7 to the southwest corner of Lot #7 of said subdivision, said southwest corner of Lot #7 being a point on the north line of Lot #8 of said subdivision; thence North 85022'30" West 20.2 feet, along the north line of Lot #8, to the true point of beginning of the description; Excepting herefrom, that portion which lies within the right-of-way of Pacific Highway and the right-of- way of Beaverton-Tigard Highway. ALSO, included, a portion of a 60 foot wide undeveloped public roadway in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: That portion thereof, which lies easterly of the east right-of-way line of the Beaverton-Tigard Highway, granted to the City of Tigard by deed of dedication recorded in Book 557, Page 9, said County's Deed Records. r 1 ~ i 1 l` W EXHIBIT B Q ~ 1° a 400' gPFLE of ST. SW 1/4 NW 1/4 SECT. 36 8 . I ,~\G TZS RIWAM s.w. i % / 16.5'Public i a BAYL Sw Roodwoy ` Area rw1n oa ~8$V~ ~b8d abd%VlSIDn sw OUVALL STREET STRE : Palmer sw. CLINTON .pl?opOSED T~OUTH EUT1E~iStOt1=- - O Acres ti~ .1 M - o -ARK N ELM T*, Suii~di- ~T (VfS/OR 11 I 1 HERAf050 WAY S.M►. vi 1 S, W. BE VELAND ST. y iA l PHIL LEWIS ELEMENTARY! ~W^"' RESIDENTS OF SOUTHWEST 79TH AVENUE # 5 CWit fi('i 11720 S.W. 79th Ave, Tigard, Oregon 97223 June 19, 1990 City of TIGARD 13125 S. W. Hall Blvd. Tigard, OR 97223 RE: File Title - Palmer Acres Street Vacation Gentlemen: The residents of S.W. 79th Ave. have a real problem with the considered vacation of the 20 foot Public Roadway as it borders our Twin Oaks Subdivision on the East side. Our concern is that this would restrict utility service access for all the residential properties in Twin Oaks Subdivision if this public access is removed. It would also restrict personal access to the back of the adjoining properties by the residents from this Public Roadway. It is our desire to have this Public Roadway left in place until such time that all affected residences are vacated. Sincerely, RESIDENTS OF SOUTHWEST 79TH AVENUE Twin Oaks Subdivision (Signed) (Date) fir? //96s S. &1. 792# aact 042 17 2 6'e, Lc. d o sw- 7 -~o-- d C nt'd 1 Cont'd from page 1 City of TIGARD - 6/19/90 Re: Palmer Acres Street Vacation ~ ~d 6CCi 77lsARD O 6 2O 90 r q l~7 df I/Tv, Z4) Y790 113 Z2 Q ZZ3 6-20-916, L~11&2L2 '79 17-1 3 ~y E ~firt f Crt t' / , 1 ,f' t~ 1 74/ mooa,,, 1 ~78s Sr,~ '?yam 2 72..7-3 90 I> c -2-0 24/79/7 eA 1,7 f 5 x~ 2 69 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 6/25/90 DATE SUBMITTED: 6114190 PREVIOUS ACTION: Hearing data set ISSUE/AGENDA TITLE: Final heWD on Pacific Corporate Center Lby Council PREPARED BY: City Engineer DEPT HEAD O CITY ADMIN OREQUESTED BY: axmaaaxaxaxxaacaaax=aaxa=axaa=xxa ' ax=xxxsxaxa=axxxaxaxaxaaaxxxa a=xxaaa POLICY ISSUE Final hearing and adoption of final assessment roll for Pacific Corporate Center Local Improvement District. INFORMATION SUMMARY On June 11, 1990, the Council received the final engineer's report and set the date of June 25 for a hearing on the final assessment roll. By ordinance, any objections must be in writing. Property owners were notified of the hearing and proposed assessments. Any objections received will be delivered to the Council prior to the hearing. The attached ordinance would adopt the final assessment roll and authorize the Finance Director to collect the assessments. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance. 2. Direct that the assessment roll be modified. FISCAL IMPACT All costs are paid by the LID property owners. SUGGESTED ACTION Adoption of the attached ordinance. dj/ss-fh-pc.rw t CITY OF TIGARD, ORFX',OAT 00UNCIL AGENDA ITEK SUNAIARY AGENDA OF: June 25, 1990 DATE SUBMI=: June 18, 1990 ISSUE/AGENDA TITLE: Authorize issue PREVIOUS ACTION: Final Assessment of Bancroft ovement Bonds Ordinance - June 25, 1990 PREPARED BY: Wayne lowry, Fin. Dir. 44a 44 DEPT HEAD OK CITY AEmm oK/;~WJ RFJQUESTID BY: CY ISSUE Before Bancroft Bonds for the Pacific Corporate Center Local Improvement. District can be issued, the city Council must authorize the issuance. INFORMATION SMAARY The hearing for the Final Assessment for this project is set for June 25, 1990, just Prior to the consideration of this matter. Passage of this resolution gives the Finance Director the authority to set the terms of the Bond issue with an upper limit on the size of the issue set at $2,244,000. The Finance Director is also authorized to award the sale of the Bonds to the law bidder and report the results to the Council. ALTERU TIVES CONSIDER 1. Authorize issuance of Bonds. FISCAL IMPACT 1. Increases general obligation debt to be paid over 15 years from assessnents on benefited properties within the District. SUGGESTED ACTION 1. Staff recx9s approval of resolution. nm:\caisum { J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25, 1990 DATE SUBMITTED:June 14,1990 ISSUE/AGENDA TITLE: CPA 90-05 ZOA 90-0 PREVIOUS ACTION: NONE REPARED BY: John Acker DEPT. HEAD O CITY ADMIN OR REQUESTED BY: POLICY ISSUE Should the City allow uses contained in the community recreation, utility and public support facility category within the 100 year floodplain in areas designated residential. INFORMATION SUMMARY In order for the City to proceed with implementation of the parks improvement levy it is necessary to amend the T.M.C. and Comprehensive Plan to allow land form alterations associated with community recreation in the 100 year floodplain in areas designated residential. Other uses considered appropriate are contained in the utility and public support facility categories and it was determined to be most efficient to make these changes at one time. ALTERNATIVES CONSIDERED 1. Make no changes. 2. Make changes only to allow community recreation uses. 3. Make all proposed changes. FISCAL IMPACT none SUGGESTED ACTION Adopt the attached ordinance a i MEMORANDUM i CITY OF TIGARD, OREGON E f TO: Pat Reilly, City Administrator FROM: Ed Murphy, Director of Community Development f DATE: June 14, 1990 SUBJECT: CPA 90-0005 and ZOA 90-0001 Sensitive Lands c The proposed amendments would allow community recreation uses, utilities, and public support facilities to occur within the 100 year floodplain in areas ¢ designated for residential uses. These uses would be subject to appropriate t zoning standards and, in the case of community recreation and utility uses, conditional use standards as well as sensitive lands standards. The amendment concerning community recreation is necessary in order to i implement improvements identified in the parks improvement levy. Additionally, it will allow new construction of recreation facilities in locations where they cannot now occur. i Certain uses found in the other two use types, utilities and public support facilities, are appropriate within the floodplain. It is appropriate to make { these changes now. z Since the construction season is nearing, it is necessary to move quickly on 1 this matter. The Planning Commission will hold a hearing concerning the proposed amendments on June 19. The ordinance prepared on this issue declares an emergency. CITY OF TIGARD, OREGON 25 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June -1-1, 1990 DATE SUBMITTED: May 30, 1990 ISSUE/AGENDA TITLE: Latecomer's PREVIOUS ACTION: None Reimbursement Ordinance 1-7 PREPARED BY: Ed Murphy DEPT HEAD 02t5= CITY AD] OR, REQUESTED BY: axxsvxaxxaaaa aaamaaxassaa=a asaxasaxasaaxcaaaaaxa==a=axsxxacca=aaacc=cases POLICY ISSUE Should the City Council adopt an ordinance which would allow develcpers to recapture a portion of costs of installing public improvements from other benefitting property owners? Such an ordinance would allow would establish a formal procedure under which a developer (including the city) could install street, water and sewer improvements, and be reimbursed from property owners who utilize those improvements, when and if they ever do utilize the improvements. =aassvaaxaaaassaaassssaaaaaaassaaaaaaaassaacsassaasasx=aassssxa=-vsss=sxass-es INFORMATION SUMMARY From time to time the City is requested to establish an administrative system wherein developers may get reimbursed from adjacent benefitting property owners who utilize public improvements originally installed by the developer. These systems are usually established formally through a "latecomer's", or "advance financing" ordinance, essentially like the one attached. Currently the City has a system, but it is administered on a case-by-case basis. There is no overall "enabling" ordinance. The current method is cumbersome and obscure; there is no provision for an interest charge or an administrative charge; or the establishment of a prescribed time period. An ordinance has been prepared by the City Attorney's office that would establish a formal system. sssassa=cascvscsss=saaxcssssx=assxaaaassaxaaasccasac=sassassaaassxxxaaas.xscsa ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance as proposed. 2. Adopt the attached ordinance as modified by the City Council. 3. Ask staff to do further analysis or research, and bring back a modified ordinance. 4. Do not adopt the ordinance. FISCAL IMPACT There may be two impacts: 1. Administration of the Ordinance. The City would need to keep track of connections within the advance financing district, and reimburse the original developer. The proposed ordinance allows for a fee equal to 10% of the amount collected to be imposed to cover administrative costs. 2. The City may, on occasion, act as the "developer" itself, extending a street or sewer line and wishing to be reimbursed for that cost. This ordinance would establish the procedures under which the City may "front end" the costs of public improvements, and be reimbursed for those costs at a later date. ssaxssxssaaaaaaaaaasassaa:assassaaasaxsaassaaasaasasssssxsssxaxaecscxsssasxaxaa SUGGESTED ACTION { It is recommended that the City Council adopt the attached Latecomer's Reimbursement ordinance. ejm/advancef.ord