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City Council Packet - 09/17/1990 CITY OF TIGARD AGENDA OREGON ...TIICARD CITY COUNCIL SI.ISINESS MEETING PUBLIC NOTICE: Anyone wishing to EPTEMSER 17 199D a•3Q' PM speak on an agenda item should sign 'I QAR® CHIC CENTER on the appropriate sign-up sheet(s). If no sheet Is available, ask to be recognized by the Mayor at the beginning of that agenda '1S I2 $W ;HALL 'BLVD ' Item. Visitor's Agenda items are asked to be two minutes or less. f JRp, OREGON 97223 Longer matters can be set fora future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (5:30 p.m.) Discussion Items: Park Board Workshop Surface Water Management Building Use Policy 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 AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: August 20, 1990 3.2 Approve Loaves and Fishes/Senior Center Agreement 3.3 Approve Changes to Management Compensation Package 4. PUBLIC HEARING (CONTINUATION) - COMPREHENSIVE PLAN AMENDMENT CPA 90- 04 ZONE CHANGE 90-02, BINGHAM/SPIEKER (NPO #5) On August 13th, the City Council reviewed the above application to change the Comprehensive Plan designation from Light Industrial to General Commercial and the Zone designation from I- L (Light Industrial) to C-G (General Commercial) for a property located on the northwest quadrant of the 1-5/1-ower Boones Ferry Road interchange. The Council indicated that it wished to see additional information regarding the present situation for commercial and industrial lands and uses within the City and the southeast section of the City. • Public Hearing Continued from August 13, 1990 • Report from Community Development Staff • Council Questions and Comments • Close Public Hearing • Council Consideration: Direct Staff to Prepare Final Order COUNCIL AGENDA - SEPTEMBER 17, 1990 - PAGE 1 5. NON AGENDA ITEMS C6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current & pending litigation issues. 7. ADJOURNMENT cca827 r r COUNCIL. AGENDA - SEPTEMBER 17, 1990 - PAGE 2 COUNCIL AGENDA ITEM 3.l T I G A R D C I T Y C O U N C I L MEETING MINUTES - SEPTEMBER 17, 1990 w Meeting was called to order at 5:40 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors: Councilors Carolyn Eadon, Joe Kasten, and John Schwartz (arrived at 6:30 P.M.). Park Board Present: Dr. Daniel Graham, Chairperson (arrived at 5:55 p.m.); Board members: Mariann Bither, Cecil M. "Bud" Hillman, Carolyn DeFrang, Suzanne Fern, Sheldon Scolar, and Steve Slabaugh. Staff Present: Patrick Reilly, City Administrator; Ron Bunch, Senior Planner; Steve Crew, Legal Counsel (arrived at 7:00 p.m.) ; Loreen Edin, Administrative Services Manager; Keith Liden, Senior Planner; Ed Murphy, Community Development Director; Floyd Peoples, Parks Supervisor; John Roy, Wastewater Supervisor; and Catherine Wheatley, City Recorder. 2. STUDY SESSION PARK BOARD WORKSHOP: Council met with the Park Board for review of a future work program and role of the Board. Community Development Director Murphy proposed the following Park Board Mission Statement: 1. Continue to monitor the implementation of Parks levy improvements. 2. Develop a "Year 2000 Action Plan for Park and Recreational Facilities" for the City of Tigard and that area within the City's area of interest. 3. Develop new resources for parkland acquisition and recreational facility improvements. (Added by Council: Estimate ongoing maintenance costs for any proposals.) Present major park areas include Cook, Fanno Creek, and Summerlake Parks. There was discussion on the need to identify a fourth major park location. The Bull Mountain area continues to develop with no provisions for a park. The complexities of this issue were reviewed; much of this area is within Tigard's urban growth boundary but is not within the City limits. After discussion, Council consensus was to ask the Park Board to proceed along the lines of the proposed Mission Statement. The Park Board will also prepare a list of deficiencies (by CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 1990 - PAGE 1 comparison with the national standards for parks) of recreational facilities for Tigard. The Board and Council will meet again in January. (Council Schwartz arrived: 6:30 p.m.) Senior Planner Bunch updated on Park levy implementation activity: • Playground equipment for Cook Park will be installed beginning this week. Tentatively a "Play in the Park Day" will be scheduled in October to celebrate the new equipment. • A bid for the Cook Park Riverfront project was received; a recommendation for award of the bid will be presented to Council at their next meeting. • Activity in Summerlake and Fanno Creek Park was reviewed. The park levy improvements are on schedule with construction and fund expenditure. There was discussion on renovation of or new restrooms for Cook Park. Council consensus was for the Park Board to review staff information and forward a recommendation to City Council. (Park Board members left: 6:56 p.m.) (Steve Crew, Legal Counsel arrived: 7:00 p.m.) SURFACE WATER MANAGEMENT Wastewater Supervisor John Roy reviewed the proposed Surface Water Management (SWM) Program. He identified seven major and four low priorities for implementation and coordination with Unified Sewerage Agency. (The priority list and past performance indicators are filed with the Council meeting material.) A total of five employees would be necessary (as identified during Budget preparation) for the SWM program. Two positions would be transferred from Wastewater and three new positions will be created. Council consensus was to proceed as outlined. A program assessment will be done next year. CANCELLATION OF 9/24/90 MEETING Motion by Councilor Kasten, seconded by Councilor Eadon, to cancel the September 24, 1990 Council meeting. Several Council members will not be able to attend this meeting. The motion was approved by a unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 1990 - PAGE 2 3. CONSENT-AGE NDA: 3.1 Approve City Council Minutes: August 20, 1990 3.2 Approve Loaves and Fishes/Senior Center Agreement 3.3 Approve Changes to Management Compensation Package Motion by Councilor Kasten, seconded by Councilor Eadon, to approve the Consent Agenda. The motion passed by a unanimous vote of Council present. 4. PUBLIC HEARING (CONTINUATION) - COMPREHENSIVE PLAN AMENDMENT CPA 90-04 ZONE CHANGE 90-02, BINGHAM/SPIEKER _(NPO #51 On August 13th, the city council reviewed the above application to change the Comprehensive Plan designation from Light Industrial to General Commercial and the Zane designation from I-L (Light Industrial) to C-G (General Commercial) for a property located on the northwest quadrant of the I-5/Lower Boones Ferry Road interchange. The Council indicated that it wished to see additional information regarding the present situation for commercial and industrial lands and uses within the City and the southeast section of the City. a. Mayor advised that the public hearing was continued from August 13, 1990. b. Senior Planner Liden reviewed the application before council. Staff prepared additional information (as requested by Council at the August 13, 1990 meeting) for council review. Written material was filed with the Council for their consideration (see packet material for this meeting). Staff continued to recommend denial of the proposal citing concerns with decreasing amounts of land available for industrial development. C. Gregory S. Hathaway, 121 S.W. Morrison, Portland, OR 97204 testified as legal counsel for the applicant. Mr. Hathaway addressed Comprehensive Plan Policies and Statewide Planning goals. Mr. Hathaway argued that allowing the applicant to proceed would provide economic opportunities for the citizens of Tigard. He offered that the reason this property had not developed as zoned was because the industrial zoning did not represent the highest and best use. He urged Council to consider this request on its own unique merits. Traffic flow, vehicular access, and orientation of the property was discussed. Mr. Hathaway stated commercial zoning would be better for this area because traffic to a commercial business would be spread out during the day. CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 1990 - PAGE 3 d. Public hearing was closed. e. Motion by Councilor Schwartz, seconded by Councilor Kasten, to approve the applicant's request to amend the Comprehensive Plan and Zone maps to redesignate the subject property from Light Industrial to- General Commercial use. The motion was approved by a unanimous vote of Council present. i f. Council comments included the following: r • The area had not developed as light industrial while property all around had developed. • There was agreement with the applicant's argument that this property was suited more for commercial use because of location within the transportation network and characteristics of abutting properties. • Development in the area has led to a change in circumstances since 1983 when the light industrial designation was assigned. • This property was unique and this decision should not be construed as precedent setting. ! • Council requested the applicant make every effort to save as many of the trees as possible. 5. NON AGENDA ITEMS: BUILDING USE POLICY a. City Administrator Reilly and Administrative Services Manager Edin reviewed a proposed Building Use Policy for the Senior Center. There was discussion on the requirement of a deposit fee for some functions. Council consensus was for the City Administrator to determine whether amplified sound systems would be allowed or if a deposit fee would be required on a case-by-case basis. Staff will prepare a list of options with regard to usage of the Senior Center for Council consideration. City Hall Building Use Policy was also discussed. There is a growing need for meeting rooms in the community. Council reviewed whether or not it would be a good idea to limit the types of usage in City Hall to primarily government meetings once the Senior Center rooms are available. Staff will prepare draft wording for Council consideration. NAME CHANGE a. Motion by Councilor Schwartz, seconded by Councilor Kasten, to change the name of the "Civic Center" to "City Hall." CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 1990 - PAGE 4 Motion was approved by a unanimous vote of council present. b. Councilor Eadon is working with staff to install a brick sign (similar to the Water District's sign) ; the sign will say "Tigard City Hall" and will be lit at night. POLICE LIGHT a. Motion by Councilor Kasten, seconded by Councilor Schwartz to authorize installation of a blue neon sign marking the Police entrance. This would enhance visibility of the entrance location for persons needing assistance at night. Motion was approved by a unanimous vote of Council present. DYNAMITE BLASTING ON BULL MOUNTAIN a. City Administrator reported that the contractor who conducted dynamite blasting on a Bull Mountain development project possessed a State permit which he obtained through the Fire District. He did not, however, have a permit from the City of Tigard. Staff will contact the Fire District with regard to notification process to avoid problems in the future. 6. EXECUTIVE SESSION: Canceled 7. ADJOURNMENT: 9:15 p.m. Catherine Wheatley, ity Reco er A e t: / Mayor, City of Tigard C/G'~~' o?a~ /C~ U Date: ccm917 CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 1990 - PAGE 5 rte.. f TIMES PUBLISHING COMPANY Legal TT 7705 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard ® ❑ Tearsheet Notice following meeting information ispublblied for your. infomW(ion Fur PO Box 23397 ther:infomtagan and full agendas -may,- b obtaiteed 5vm; the City Recor " • Tigard, Or 97223 G ❑ Duplicate Affidavit der, 13125 S.W Nall Boulevard, Tigard, Oregon 97223, or by tilling s • CITY-COUKM BUSINESS MEETING . , 5i~TEMBER •17.1940 - 5:30 P.M. TIGARD CIVIC CENTER TOWN IMAM, 1~1?gi $~A~ B(J~LR EVARD°.TIGAItO> QREGON>-:,- AFFIDAVIT OF PUBLICATION o :Public Iiearu~g = Con6nuaa6pof Buigham/Spieker hesing:of August 13, 199x, on a request for approval of: a Comprehensive STATE OF OREGON, )ss :Plan Ameadn M to change the band use designation'"fram Light In- COUNTY OF WASHINGTON,) "'ti ustriaf to General Commercial and,to change'"im zoning designs- l, Judith Koehler Lion from I-L-to C G 'LOCATION Between S.W., 72nd Avenue being first duly sworn, depose and say that I am the Advertising and Interstate 5 and South fo tfie Oregon Business FazA (WCTM Director, or his principal clerk, of the Tigard Times -2S1 13 AU;TaxLot 1700); a newspaper of general circulation as defined in ORS 193.010 • Locab,ContractBoard. Meeting: Executive Session:llte'Tigard City Council will go into Executive and 193.020; published at Tigard in the aforesaid county and state; that the Session:under Me ;pmvisions of ORS 19.2.6W,'(1);(d); (e); & (b)-to. tilikuss libor relstioWreal property; transactions, cutrent,agd Pend- City Co-Iril Business Meeting mg Ltigauon assues. p .,,t3> Li a ' a printed copy of which is hereto annexed, was published in the TT77p5 PublishSeptember 13.1990.-., . entire issue of said newspaper for One successive and - ` consecutive in the following issues: September 13, 1990 Subscribed and sworn o before me this 13th day of September 1990 Notary Public for Oregon My Commissi xpires: 6P- y~ AFFIDAVIT ' v CITY OF TIGARD, ORB30N AFFIDAVIT OF POSIM In the Matter of the Proposed C/o - Aks a-7 ag a4 STATE OF ORDGON ) County of Washington ) ss City of Tigard ) I, IjJrQA 1A begin first duly sworn, on oath, d and say: That I posted in the following,~?~lic and conspicuous places, a copy of Ordinance Number (s) D which were. adopted at the Council Meeting dated r/ copy(s) of said ordinance (s) beagttached and by reference made a part hereof, on the 1 date of _ 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 IMA Subscribed and sworn to before me this /&P date of , 19-91n. o JGL _ Notary Public for Oregon / - My Commission Expires: ,.ke jCP' CITY OF TIGARD, OREGON ORDINANCE NO. 90-,0R, AN ORDINANCE VACATING A PORTION OF A STORH SEWER EASEMENT LOCATED ON LOT 7 OF THE AUX DOWNS SUBDIVISION 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; and WHEREAS, the reason and purpose for this vacation is to eliminate a portion of the existing easement that does not coincide with the actual location of the storm sewer; and WHEREAS, all abutting property owners have been notified of the proposed vacation and none have objected; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department subject to certain conditions as listed below; and WHEREAS, all affected service providers , including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, in accordance with ORS 271.100, the TMC 151.08.110,1 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 said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS, the Council having held hearings on August 13, 1990 and September 17, 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 WHEREAS, the Council finds that it is in the public interest to approve the request to vacate the storm sewer easement 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 applicant shall provide a storm sewer easement that is consistent with the actual location of the storm sewer. The easement shall be recorded with Washington County before an Occupancy Permit is issued. ORDINANCE NO. 90- oC/ Page 1 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: i SECTION 1: The Tigard City Council hereby orders the vacation of the storm sewer easement on Lot 7 in the Aum Downs subdivision, as shown on the attached "Exhibit A" and described on the attached "Exhibit B", and by this reference made part there of. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. The applicant shall submit, with the occupancy permit application, evidence that a storm sewer easement that is consistent with the actual locatio of the storm sewer has been recorded with Washington County. SECTION 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. PASSED: By V1?Ce i? irrIyets vote of the Council members present after being read by number and title only, this day,of yc-P'a4L"- , 1990. _ G~ Catherine Wheatley, City Recorder et- lei - APPROVED: This day of 1 0 Gerald R. wards, Mayor Appro ad as to fo s Ci torney Date ORDINANCE NO. 90- Page 2 t - - 157-280' - I - 71- 7300 - TL 700 it I TREE LINE I II 1" = 5Q' >YoN ~ SL STORM SEWER EASEMENT TO BE VACATED BY CITY. a. .29 EX. STORM DRAIN Ri~ 1_ I l 7200 i - I 6' 64 li - - i z+~ a- pv~ ~xti,'h;f PREPARED FOR MARIJAN BOSNER 2058 S.E. SPRUCE AVE TL6900 1L 7000 PORTLAND. OREGON CONSULTING ENGINEERING SERVICES STORM SEWER VACATION t205 .MY. COM Sr, OFAVOMK ~7gD3100t LOT 7. AUM DOWNS z_g„e, pR i 2+o ST Dcs _ P _ 9 a DEVE6.OP~'t6 Ms. 4 434 S. First Ave., Suite 400 o conNAUCUon Hillsboro, Oregon 97123 NERVicr"5 (503) 648-4959 g-~eto FAX: (503) 640-9385 PROFESSIONAL LAND SUawfOR "All OREWN 'o&fA.MOM r N N ~B PROPERTY DESCRYPTION: PORTION OF LOT 7 "AU14 DOWNS" , FOR: MARIJAN BOSNAR DATE:'-06/22/90 LOCATION: S.W. LOCUSTr TIGARD JOB NUMBER: 8905014 FOR INDENTIFICATION PURPOSES ONLY:VACATION DESC.(STORM) FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT-7 "AU14 DOWNS"r A DULY RECORDED SUBDIVISION XN THE NORTHEAST QUARTER OF S) CTION 36, TISr R1W,' .M. WASHINGTON COUNTYr OREGONr SAID $ORTION 13EYNG MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF A STORM SEWER EASEMENT, WHICH POINT BBARS SOUTH 00°10121" WEST 133.06 FEET -AND NORTH. 89°59'16" WEST 10.09 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7 AND RUNNING THENCE ALONG THE BOUNDARY OF SAID STORM SEWER EASEMENT NORTH 89059116" WEAT 21.81 FEET AND SOUTH 00°00'44" WEST 51.07 FEET THENCE SOUTH 89°59'16" EAST 16.29 FEETI THENCE NORTH 06°10'52" EAST 51.37 FEET TO ~THE POINT OF BEGINNING. CONTAINING 973 SQUARE FEET MORE OR LESS. i " - - • .Y.Y~~1 IAi a rYrO Subdivisions + Planning s Design • L.I.D.s • Surveying • Mapping -CITY-OF TIGARD, OREGON ORDINANCE NO. 90- t_ AN.•ORDINANCE AMENDING CERTAIN SECTIONS OF.-TITLE 18. OF THE TIGARD MUNICIPAL ; w CODE, ADOPTING' RULES FOR EXTERIOR, THERMAL ENVELOPE PERFORMANCE.STANDARDS,•FOR MANUFACTURED HOMES SITED ON INDIVIDUAL BUILDING LOTS. WHEREAS, Tigard Municipal Code Title 18.94, "Manufactured/Mobile Home Regulations" provides for regulation of manufactured homes sited on individual building lots. WHEREAS, Tigard Municipal Code Title 18.94 is in certain respects, incomplete with regards to exterior thermal envelope performance standards for manufactured homes sited on individual building lots. WHEREAS, the City Council desires to provide regulations for the exterior thermal envelope performance of manufactured homes sited on individual building lots. THE CITY OF TIGARD ORDAINS AS FOLLOWS:. Section 1. Title 18, Section 18.94.040 A. is amended to add as follows: (5) The manufactured home shall have an exterior thermal envelope in substantial compliance with performance standards equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010, as determined by the Building Division. SECTION This ordinance shall be effective 30 days after its passage by the _ Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U 1171 j2i M oL S vote of all Council members present.after being read by number and title only, this day of Qz1b-p-t ~ 1990. (~J Catherine Wheatley, City ecorder APPROVED: This day of 1990. Gerald Edwards, Mayor Approved as to form- Attorney Date City' ORDINANCE No. 90--Q!5-10 Page 1 n a f CITY OF TIGARD, OREGON ORDINANCE NO. 90- 2q^ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE ZONE ORDINANCE AMENDMENTS OF THE SENSITIVE LANDS AND DEFINITIONS CHAPTERS OF THE COMMUNITY DEVELOPMENT CODE FOR PERIODIC REVIEW. WHEREAS, the city has conducted a review of its y y Comprehensive Plan and land use regulations as required by OAR 660-19; and Y WHEREAS, the periodic review final order contains findings pertaining to the status of the comprehensive plan and land use ordinance as related to current statutes and circumstances; and € WHEREAS, in order to bring the Community Development Code into compliance with state statutes and community circumstances it is necessary to amend certain s sections of the code; and WHEREAS, the Tigard Planning Commission recommends adoption of amendments identified as exhibits "A" and "B"; and WHEREAS, the City Council finds that amendments are necessary to clarify procedures pertaining to wetlands in the Sensitive Lands and Definitions Chapters of the Community Development code i NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section It Chapter 18.26 of the Tigard Municipal Code shall be amended as shown in exhibit "A". Section 2: Chapter 18.84 of the Tigard Municipal code shall be amended as shown in exhibit "B". Section 3: In all exhibits added portions are underlined deleted portions are in [brackets]. PASSED: By C( ✓)%✓00L(,5 vote of all Council members present after being read by number and le only, t/h~is~ day of C O '~u [iLJ Catherine Wheatley City Reco er APPROVED: This day o l ~ , 1988. Gerald Edwards, Mayor ORDINANCE No. 90- Page 1 s, c M t Approved as to forms Ci torney 1 g7 Date o y. F. t 4 r 4 z S k 'r- E 1 f. ORDINANCE No. 90- a Page 2 . EXHIBIT A VaMMM B DEMUMCK amity DerValopment Code Section 18.26.030 Definitions •Pnartians within [braalwts] are dielgted, ~mcbrl iruxl portions are added. "Wetland" - land[s transitional between terrestrial and aquatic system whom the water table is usually at or near (within 24 inches of) the surface, or the land is covered by shallow water. for purposes of this classification, wetlands must have one or all of the following three attributes]__4ften called me=, m=sh. or hgg that exhibits all of the fa1 jgN jM characteristics: A. -[At least cr7;~77y the land supports pa-edominant7y hydrephytesl] The land sutapnir 'c vegetation. MAs oace~ wtn more than 50 neraFnt of the dami mt Rl= mpocies f== all strata are classified as r tlarrl species: B. [The substrate is rx: Jrzmt'7y hydric2 soii]lhe land has hvdric soils. tic soils are soils that are ag_tu ated, flooded or p gm&d long enouch durim the SrZOM season to devaloo anaerobic cCnditions in the Mp„e= Of the soil profile: C. [The substrate is non- l.13 and is saturated with water or covered by shallow water at scams time during the growing of each year] lie land has wetland bOtn1_ocjy- Wetland hydrology is permanent or Deri Odi c inwidaticn . or soil saturation for a sim-dficant ggidod (at least one week) during the Me City wIll use the "Federal. Manual far Identifying and Delineating Jwaadicthcnal Wetlands" as the basis for deter ; dm where wetlands are located. An area of privately awned land which otherwise satisfies the definition of a wetland is not defined as a wetland if it was created by human activity after October 11 1984 as part of an apnaMMd development-project This exclusion does not apply to wetland mitigation areas. "Window" - any opening constructed in a wall to admit light or air, framed and spanned with glass. "Yard" - an open space unobstructed from the ground upward except as otherwise provided in this title. [Mydrophytes - a plant growing in water or soil too water logged for most plants to survive. A list of hydrooWtes is maintained in the Community Development files.] [2Hydric - containing acid hydmgen] [3Non-soil - lacking the qualities of soil - not firm, unable to sustain plant life. ] L EXHIBIT B Chanter 18.84 SENSITIVE LANDS Sections: 18.84.010 Purpose 18.84.015 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.84.020 Administration and Approval Process 18.84.025 Maintenance of Records 18.84.026 General Provisions for Floodvlain Areas 18.84.028 General Provisions for wetlands 18.84.030 Expiration of Approval: Standards of Extension of Time 18.84.040 Approval Standards 18.84.045 Exception for Development in the 108th/113th Ravine [Significant Wetlands Areas] below the 140 Feet Elevation 118.84.048 Significant Wetlands] 18.84.050 Application Submission Requirements 18.84.060 Additional.Information Required and Waiver of Requirements 18.84.070 Site Conditions " 18.84.080 The Site Plan 18.84.090 Grading Plan 18.84.100 Landscaping Plan ° 18.84.010 Purpose A. Sensitive lands are lands potentially unsuitable for development because of their location within the 100-year floodplain, within natural drainageway, within a wetland area, on steep slopes, or on unstable ground. B. sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. C. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreational potentials. D. The regulations of this chapter are intended to implement the comprehensive plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise floodway elevation. 1 0 E. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February, 1984) is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. F. When base flood elevation data has not been provided in accordance with Subsection 18.84.010.[H]8, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections 18.84.026.1 and J). G. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high, water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. H. City actions under this chapter will recognize the rights of riparian owners to be free to act on the part of the City, its Commissions, representatives and agents, and land owners and occupiers. 1. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, shelters, grills, [and] basketball hoops and similar recreational equipment. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.015 Applicability of Uses: Permitted Prohibited and Nonconforming A. Except as provided by Subsection 18.84.015.B, the following uses are outright permitted uses within sensitive land areas: 1. Accessory uses such as lawns, gardens, or play areas, except in wetlands; 2. Agricultural uses conducted without locating a structure within the sensitive land area, except in wetlands; 3. Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures,, except in wetlands; 2 t 4 d. Public and private conservation areas for water, soil, open space, forest, and wildlife resources= 5. Removal of poison oak, tansy ragwort, blackberry, or other noxious vegetation; i 6. Maintenance of floodway excluding rechanneling; and f i- 7. Fences, except in the (floodplainj floodway area. B. Separate permits shall be obtained from the appropriate community development division for the following: s 1. Installation of underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons; r 2. Minimal ground disturbance(s) but no landform alterations; and 3. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway. f` C. Landform alterations or develormente within wetland areas that meet the iurisdictional requirements and permit criteria of the U S Army Corps of Engineers Division of State Lands, Unified Sewage Aaencv and/or other federal state or regional agencies do not require a sensitive lands permit All other applicable city requirements must be satisfied including sensitive land permits for areas meeting non-wetland sensitive land criteria. (C The Hearings officer shall grant a sensitive lands permit upon review of requests for a land form alteration or development within the 100-year floodplain.) [D The following uses and activities are permitted only by a sensitive lands permit granted by the Director: 1. A landform alteration or development on slopes of 25 percent or greater and unstable ground; 2. Land form alteration or development of areas outside of the 100-year floodplain within a drainageway where there is year-round water flow, unless: 3 A. The 4rainageway is proposed to be incorporated into a publi.,v facility of adequate size to accommodate maximum water scow in accordance with the adopted 1981 Master Drainage Plan.] (8)A. A sensitive lands permit approval shall be obtained before construction or development begins within any area of special flood hazard or drainageway as established in Section 18.84.015.H and C. The permit shall apply to all structures including manufactured homes. [F]S. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. JG]F. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 84-36; Ord. 83-52) 18.84.020 Administration and Amroval Process A. The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. a. A preapplication conference with City staff is required. (See Section 18.32.040.) If uncertainty exists in regards to the location or configuration of wetland areas, staff shall make an on site inspection vrior to an application being initiated to determine the nature and extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the applicant additional information. C. Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during • the preapplication conference is valid for not more than six months: 1. Another preapplication conference is required if any variance application is submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application. 4 D. The Hearings Officer shall approve, approve with conditions, or deny an application for a sensitive lands permit [as set forth in Section 18.84.015.C] within the 100 year floodolain. The Hearings Officer's decision may be reviewed by the Council as provided by Subsection 18.32.310.B. B. The Director shall approve, approve with conditions, or deny an application for a sensitive lands permit [as set forth in Section 18.84.015.D.]for the followings 1. A landform alteration or development on slopes of 25 percent or greater and unstable ground] 2. Landform alteration or development of areas outside the 100 year floodplaLn within a drainageway where there is year- round water flow, unless the draLnageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Planj 3. Landform alteration or development on wetland areas that do not meet the provisions of 18.84.015 C. The decision made by the Director may be appealed to the Commission as provided by Subsection 18.32.310.A. F. The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. G. The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior, to any, alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. H. The Director shall require that maintenance is provided within the altered and relocated portion of said watercourse so that the flood-carrying capacity is not diminished. I. The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 when reviewing an application for a sensitive lands permit. J. The Director shall give notice of applications to be heard by the Hearings Officer as provided by Section 18.32.130. 5 R. The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under Section 18.32.120. (Ord. 89-061 Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.025 Maintenance of Records A. Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. S. For all new or substantially floodproofed structures, the Building Official shall: 1. Verify and record the actual elevation (in relation to mean sea level); and 2. Maintain the floodproofing certifications required in this chapter. C. For all new or substantially floodproofed structures, the Director shall: 1. Maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.026 General Provisions for Floodnlain Areas A. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. B. All new construction and substantial improvements shall be constructed with materials and utilize equipment resistant to flood damage. C. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. D. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6 E. All new and replacement water supply systems shall be designed to j minimize or eliminate infiltration of floodwaters into the system in accordance with the uniform Building Code and Uniform Plumbing Code. P. All now construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or E lateral movement of the structure.; G. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the E systems and discharge from the systems into floodwaters. A. on-site water disposal systems shall be located to avoid F impairment to them or contamination from theca during flooding. 1. Residential Construction c- ~r 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation; and 2. Fully enclosed areas below the lowest floor that are subject r. to flooding are prohibited, or 'shall be designed to automatically equalize hydrostatic flood forces on exterior' walls by allowing for the entry and exit of floodwaters.. Designs for meeting this requirement must` either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: u a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and `r c. openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters. 3. Nonresidential Construction, 1. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: 7 i _ F A: s 00, a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building official as set forth in Subsection 18.84.025.B; and d. Nonresidential structures that • are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 18.84.026.1.2. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 89- 06; Ord. 87-66; Ord. 87-32) 18.84.028 General Provisions for Wetlands k A. Wetland regulations a=lv to those areas meeting the definition of wetland in Chanter 18.26 of the Community Development Code z areas meeting Division of State Lands wetland criteria and to land adjacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon". Scientific Resources Incorporated 1990. B. Precise boundaries' may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by gualified professionals at the applicant's expense. i s S t 1 1 8 i,. alms ti 18.84.030 Axniration of Approvals Standards of Extension of Time A. Approval of a sensitive lands permit shall be void after one-and- one-half years: 1. Unless substantial construction of the approved plan has begun within a two-year period; or 2. If construction on the site is a departure from the approved plan. B. The original approval authority shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based. C. The decision of the approval authority may be reviewed by the Council as provided by Subsection 18.32.310.B. (Ord.189-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.040 Approval Standards A. The Hearings officer shall (make findings that all of the following criteria are satisfied when) approve[ing,) or approve[ing) with conditions[, or denying] an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 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. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses such as athletic fields, children's play areas, or parks shall be allowed in areas designated residential; 9 Y' i b 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; t i 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 e, said pathway is deemed by the Hearings Officer as untimely; s• r. 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 r. Oregon Land Board, Division of State Lands approvals shall be obtained; and s 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City F 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 p~thway plan. r t B. The Director shall [make findings that all of the following criteria are satisfied when] approv~e[ing,] or approvg[ing] with conditions[, or denying] an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 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 10 c t E' 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) approve[ing), or approve[ing) with conditions[, or denying) an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 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-sLte 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 O.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) 11 r D. The Director shall approve or approve with conditions an amlication request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The Proposed landform alteration or developme t is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland may nor is the within-25-feet of such a wetlands 2. The extent An§ nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum recui ed for the use; 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance wLth Chapter 18.100` Landscaving and screening; yr` 5. All other sensitive laude requirements of this chapter have been met; 6. The Rrovisions of Chapter 18.150, Tree Removal, shall be met. ford. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-521 Z Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and open Space policies of the comprehensive . plan have been satisfied. 18.84.048 Excvation for Development of the 108th/113th Ravine (significant Wetlands Areal below the 140 Feet Elevation A. Under the sensitive lands permit process, the Director may allow portions of the ravine at 108th and 113th, designated as a significant wetlands area, to develop provided that all of the following criteria are met: 1. All of the land (within the ravine) being considered for development is less than 25 percent slope; 12 t 2. There are no unstable soil conditions on the land being considered for development; and [3. The provisions of Chapter 18.150, Tree Removal, shall be met. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52)] i 3. Amlicable provisions of Section 18.84.040, Sensitive Lands Approval Criteria shall be met. r [18.84.048 Significant Wetlands] ! [A. Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Development on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacent to areas designated as significant wetlands on the Floodplain and Wetlands Map within 25 feet of the designated wetlands area.] t 18.84.050 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: ~ i 1. [Five] [c]Copies of the sensitive lands permit proposal and i necessary data or narrative which explains how the proposal conforms to the standards, _(number to be determined at the s preapplication conference) and: [a. The site plan(s) and required drawings shall be on sheets not exceeding 18 inches by 24 inches unless a larger scale is approved by the Director;] [b]a. The scale for the site plan(s) shall be a standard engineering scale; and [c]b. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4 inch by 1/8 inch to the foot; 2. A list of the names and addresses of all persons who are s property owners of record within 250 feet of the site; and 3. The required fee. 8. The required information may be combined on one map. 13 1 i i } y C. The site plan(s), data and narrative shall include the following: 1. An existing site conditions analysis, Section 18.84.070; 2. A site plan, Section 18.84.080; is 3. A grading plan, Section 18.84.090; and j F' 4. A landscaping plan, Section 18.84.100. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.060 Additional Information Rewired and Waiver of Requirements i. A. The Director may require information in addition to that f' required by this chapter in accordance with Subsection 18.32.080.A. B. The Director may waive a specific requirement for information in { accordance with Subsections 18.32.080.B and C. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.070 Site Conditions A. The site analysis drawings shall include: t' 'r 1. A vicinity map showing streets and access points`, pedestrian and bicycle pathways, and utility locations; t 2. The site size and its dimensional 3. Contour lines at two-foot intervals for grades zero to ten percent and five-foot intervals for grades over ten percent; 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100-year floodplain and floodway); b. Slopes in excess of 25 percent; C. Unstable ground (areas subject to slumping, earth slides or movement); d. Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year; z 14 k e. Areas having a severe soil erosion potential, or as defined by the Soil Conservation Service; and f. Areas having severe weak foundation soils; 6. The location of resource areas as shown on the comprehensive plan inventory map and as required in Section 18.84.035 including: a. Wildlife habitat; and b: Wetlands; 7. The location of site features including: a. Rock outcroppings; and b. Tress with six inches caliper or greater measured four feet from ground level; 8. The location of existing structures on the site and proposed use of those structures. (Ord. 89-06; Ord. 87-66; Ord. 87- 32; Ord. 83-52) 18.84.080 The Site Plan 1 A. The proposed site development plan shall be at the smme scale as the site analysis plan and shall include the following information: 1. The proposed site and surrounding properties; 2. Contour line intervals (see Section 18.84.070.A.3); 3. The location, dimensions, and names of all: a. Existing and platted streets and other public ways and easements on the site and on adjoining properties; and b. Proposed 'streets or other public ways and easements on the site; 4. The location and dimension of: a. Entrances and exits on the site; b. Parking and traffic circulation areas; C. Loading and services areas; 15 d. Pedestrian and bicycle facilities; e. Outdoor common areas; and f. Utilities; 5. The location, dimensions, and setback distances of all: a. Existing structures, improvements, and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and b. Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; 7. The concept locations of proposed utility lines; and 8. The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas. (Ord. 89-06; Ord. 87- 66; Ord. 87-32; Ord. 83-52) 18.84.090 c3radinc Plan f A. The site plan shall include a grading plan which ~ontains the following information: 1. Requirements in Sections 18.84.070 and 18.84.080; 2. The identification and location of the benchmark and corresponding datum; 3. Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals; and 4. A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals; b. That other off-site impacts will not be created; C. Stream flow calculations; d. Cut and fill calculations; and 16 C e. Channelization measures proposed. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.100 Landscape Plan A. The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicates 1. Location and height of fences, buffers, and screenings= 2. Location of terraces, decks, shelters, play areas, and common open spaces where applicablef and 3. Location, type, and size of existing and proposed plant materials. 8. The landscape plan shall include a narrative which addresses: 1. Soil conditions; and 2. 8rosion control measures that will be used. (Ord. 89-06; Ord. 87-66= Ord. 87-32; Ord. 83-52) i 17 ~Y~ AGENDA UEM N 2 - VISITOR'S AGENDA DATE 9/17/90 (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 PLEASE PRINT - NEMRANDUK CITY OF TIGARD, ORDGON TO: Pat Reilly FROM: Loreen Ddin DATE: September 7, 1990 SUBJEM Building Use Policy Review HISMRY The interim Civic Center Building Use Policy was adopted by Council on 12/15/86. Since that time staff has been reserving the Civic Center within those guidelines and tracking problems the language presents in daily application. . Since the City has negotiated a new lease with Loaves and Fishes which will require my staff to reserve that building within the near future, it seemed appropriate to revisit the existing use policy before drafting one for the Senior Center. PROPOSAL o Civic Center Building Use Policy I have attached recommended language for a formal policy. I have noted those items which have been changed from the "interim" policy. Legal Counsel and Irene E tell have reviewed the p language and are in agreement. o Senior Center Building Use Policy Based on the "new" language proposed for the Civic Center policy, the Senior Center policy was drafted. Significant differences from Civic Center policy are noted on the attached copy. The major area of difference is the proposal to charge fees for the use. s_ Since the Senior Center was not funded by General Obligation Bonds, I would r propose Council consider charging fees for use base on similar fee schedules currently charged at the Tigard & Tualatin centers. The fee schedule is structured in such a way as to give a break to Tigard residents and all non-profit organizations as well as Tigard businesses. f' If you need any further information, please let me know. le/buse h TI ARD ENI R E ESERVATIONS G E FOR ROOM USE CITY OF TIGARD, OREGON The Tigard City Council established this policy for the use of the Tigard Senior Center on ROOMS AVAILABLE FOR RESERVATION o Activity Room (Upstairs) 180 people maximum o Activity Room (Downstairs) 150 people maximum o Class Room (Downstairs) 30 people maximum o Craft Room (Downstairs) 30 people maximum - o Lounge (Upstairs) 20 people maximum o Kitchen (warming ovens) RESERVATIONS AND SCHEDULING The Senior Center will be available to Tigard Loaves and Fishes for senior citizen activities including a mid-day meal program between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. The Tigard Senior Center has 4 rooms which are available for use and are available based on the following use priority schedule: W tin -ay 1. Tigard Loaves and Fishes C; 2. City Business & Governmental Agencies (i.e., staff meetings, board and committee cshfidr meetings, etc.) pot i c.&~ 3. Tigard Based Private Or Non-Profit Organizations (i.e., TCYS, Chamber of Commerce, Tigard Garden Club, Tigard citizens, etc.) 4. Tigard Based Profit 5. General Public (Non-Tigard based private and profit organizations) Rooms will be reserved for a specific length of time, and care should be taken to reserve the room for a long enough period to allow for preparation of the function and returning the room to the condition in which it was found. All applicants must be 21 years of age or older. ter' , Cancellations shall be submitted in writing no less that 48 hours prior to the scheduled 5~r+ioa-s event. A $10.00 service charge shall be retained for each cancellation prior to other rental 4.x ' sti n charges being reimbursed. pvlict~ All efforts will be made to keep the room schedule intact, once reservations are made; however, the City retains the right to cancel or relocate a meeting upon 24 hours notice. RENTAL FEES Fees are charged to help defray the cost of the Senior Center maintenan^e and upkeep. (See attached list for current fee schedule.) ACTIVITY REQUIREMENTS Arlo, The City is pleased to make meeting rooms available to the general public. To offer this service, the rooms must be used and maintained in an orderly, clean, and efficient manner. The following guidelines are not intended to be a burden to the public, but to assure that all users share the responsibility for room maintenance with the City: 1. Functions occurring in rooms must not violate any City ordinance. 2. Activities must not be disruptive to others present in the building. 3. Each user will designate an adult supervisor who will be responsible for the group's activities; receiving the building key from the Police Department Record's Center and returning same with the Checklist; and an adult shall be present at all activities. 4. Smoking is prohibited in any location inside the building. 5. No alcoholic beverages or amplified sound systems are permitted in or on the premises of the Senior Center. Per 6. Prepared refreshments (i.e., snacks, fruit trays, sandwiches, non-alcoholic beverages, etc.) are allowed only with prior approval. Cooking is not allowed unless kitchen Fl shss facilities are reserved. A regular trained Loaves & Fishes representative must be in attendance whenever the kitchen facilities are used by a group other than Loaves & Fishes. A minimum of two (2) hours kitchen charge will be assessed in addition to the rental fee. 7. The room shall be left clean, with trash placed in appropriate receptacles, and room furnishings in the same configuration as when the room was entered. Pea,- --~j8. Decorations are allowed to be attached to walls and fixtures with masking tape. 9. No group will be allowed use of the building for any criminal purpose. Ir u.e5$ 10. The City will not furnish use of office telephones, typewriters, copy machines, etc., to 4 users. APPLICATION FOR USE A Senior Center Meeting Room Use Application form must be completed and submitted to the City Hall Information Desk located at 13125 SW Hall Boulevard, Tigard, Oregon. This must be submitted at least 7 calendar days prior to the event. The application must be accompanied by the required fee. The application will be reviewed by the Administrative Services Manager and applicants will be notified of approval or denial. CITY LIABILITY All groups or individuals using City meeting rooms agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. The City, its elected and appointed officials, and all employees will not be held responsible for any lost or stolen articles, clothing, etc., as a result of persons attending any function in the building. t USER LIABILITY The City recognizes that a certain amount of wear will occur to meeting rooms over the course of normal use. However, in the event the above maintenance guidelines are violated, the user will be liable for the following charges: F r 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 8 2. Replacement of locks and keys, in the event keys are not returned. 3. Cleaning expense incurred to clean up room(s) if not left in the same condition as E. found (including facility, equipment, and cooking/serving utensils).. t b nm\snrcntr login\loreen E r {f t E { i i 0000wo ERyAT101~ D ~NI R ENTER T1~ ~ General T Private Tigard Based public ,Tigard Based Profit & Non Profit d Loaves C'~ B~ental Agenc1es $150 gar $25 Maximum # & Fishes Go $25 $125 0 Area of people $0 $40 $150 General $0 $0 $15 $250 1-4 brs $0 $25 $125 40 15 180 over 4 Ills $0 $ $ Activity Room $0 $0 $40 $120 (Upstairs) 1.4 brs $0 $15 $60 150 over 4 hrs $0 $30 $40 $75 Activity Room $0 $0 $120 (Downstairs) 1-4 hrs $o $15 $60 30 4 hrs $0 $30 $60 Room over $30 $100 Class tsars) $0 $0 $10 $50 (Dom 30 oveh 4 hxs $o $0 $25 Craft Boom $0 $0 (Downstairs) 1-4 hrs $0 mum of 2 hours. e 20 over 4 hrs 'tchen supe~sor• Meru ~Upsta1zs) for 1 NIA Extta fee Kitchen ntn:srn~trns SENIOR CENTER MEETING ROOM USE APPLICATION 8815 SW O'Mara Street, Tigard, Oregon, 97223 ROOM TO BE RESERVED: c'+ J ~~,yv1 2 GL.(~ C i V i C o Activity Room (Upstairs) 180 people maximum C fz1'1~~1" ter Y►'~ vj*ltH o Activity Room (Downstairs) 150 people maximum o Class Room (Downstairs) 30 people maximum -CX Ge ~'t i Or+etm 5 o Craft Room (Downstairs) 30 people maximum 9 -4* 17 o Lounge (Upstairs) 20 people maximum o Kitchen (warming ovens) 1. NAME OF GROUP/ORGANIZATION 2. ADDRESS PHONE 3. CONTACT PERSON PHONE 4. DATE/TIME ROOM WILL BE USED 5. DESCRIPTION OF ACTIVITY 6. NUMBER OF PEOPLE EXPECTED TO ATTEND 7. RESPONSIBLE ADULT WHO WILL BE ON PREMISES AND PICKING UP ROOM KEY AT POLICE DEPARTMENT RECORDS COUNTER 8. REFRESHMENTS TO BE SERVED: 9. SPECIAL EQUIPMENT TO BE USED: I acknowledge having received and read the Senior Center Building Use Policy. The activity described above ( will be conducted in accordance with these guidelines. I further agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. I further understand the City, its elected and appointed officials, and all employees will not be held responsible for any lost or stolen articles, clothing, etc., as a result of persons attending any function in the building. I agree that in the event the maintenance guidelines, as set forth in the Building Use Policy, are violated, I will be liable for the following charges: 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 2. Replacement of locks and keys, in the event keys are not returned. 3. Cleaning expense incurred to clean up room(s) if not left in the same condition as found (including facility, equipment, and cooking/serving utensils). SIGNATURE DATE OFFICE USE ONLY: APPROVED DISAPPROVED If disapproved, reason: Administrative Services Manager Date LOGGED / APPLICANT NOTIFIED / POLICE DEPT. NOTIFIED / CHECKLIST RECEIVED / nm\snrcntr CHECKLIST FOR MEETING ROOM USERS This checklist should be completed and returned with the meeting room key to the Police Records Center (13125 SW Hall Blvd.) when all members of your organization have left the Senior Center building. Name of Organization: Date/Time of Room Use: Person Completing Form: Phone # Description Prior to Event Following Event Proper Room Configuration No Litter Carpet, Tables, Etc., Clean Equipment in Good Repair Lights Turned Off Room and Building Locked If any answers above are "no," please explain: Thank you for your assistance in keeping the City meeting rooms neat and in good repair for all citizens to use. nm\snrcntr login\loreen i . ~ ra-F-t- 9-/®-9o TI ARD IVIC CE SERVATIONS GUIDELINES OR MEETING ROOM USE CITY OF TIGARD, OREGON The Tigard City Council established this policy for the use of the Tigard Civic Center on f r ROOMS AVAILABLE FOR RESERVATION E o Town Hall Room - 90 people maximum o Town Hall Conference Room - 20 people maximum o Community Development Conference Room - 10 people maximum o Library Quiet Room - 15 people maximum RESERVATIONS AND SCHEDULING The Tigard Civic Center has four rooms which are available for use and are available based on the following use priority schedule: 1. City Business & Governmental Agencies (i.e., staff meetings, board and committee meetings, etc.) Can reserve an y room 2. Tigard Based Private Or Non-Profit Organizations (i.e., TCYS, Chamber of Commerce, Tigard Garden Club, etc.) Can reserve the Town Hall Town Hall Conference Room or the Library Quiet Room. 3. Tigard based profit organizations Can reserve the Town Hall. Town Hall Conference Room. or the Library Quiet Room. 4. General Public (Non-Tigard Based Private and Profit Organizations) Can reserve the Town Hall. Town Hall Conference Room, or the Library Quiet Room. Rooms will be reserved for a specific length of time, and care should be taken to reserve the room for a long enough period to allow for preparation of the function and returning the room to the condition in which it was found. N w -vp All applicants must be 21 years of age or older. All efforts will be made to keep the room schedule intact, once reservations are made, however, the City retains the right to cancel or relocate a meeting upon 24 hours notice. ACTIVITY REQUIREMENTS The City is pleased to make meeting rooms available to the general public. To offer this service, the rooms must be used and maintained in an orderly, clean, and efficient manner. The following guidelines are not intended to be a burden to the public, but to assure that all users share the responsibility for room maintenance with the City: 1. Functions occurring in rooms must not violate any City ordinance. 2. Activities must not be disruptive to others present in the building. r was a~~~Ga 3. Each user will designate an adult supervisor who will be responsible for the group's activities; receiving the building key from the Police Department Record's Center and returning same with the Checklist; and an adult shall be present at all activitie . 4. Smoking is prohibited in any location inside the building. Way. 5. No alcoholic beverages or amplified sound systems are permitted in or on tFie premise of the Civic Center. 6. Prepared refreshments (i.e., snacks, fruit trays, sandwiches, non-alcoholic beverages, etc.) are allowed only with prior approval. Cooking is not allowed. 7. The room shall be left clean, with trash placed in appropriate receptacles, and room furnishings in the same configuration as when the room was entered. --I!p 8. No group will be allowed use of any meeting room for any criminal purpose. Was 9. The City will not furnish use of office telephones, typewriters, copy machines, etc., to 'ono orrnd6) users. A public telephone is located in the Police Department Lobby for your W or•5I ,p convenience. 5e r v ,APPLICATION FOR USE t A Civic Center Meeting Room Use Application form must be completed and submitted to the City Hall Information Desk located at 13125 SW Hall Boulevari, Tigard, Oregon. This must be submitted at least 7 calendar days prior to the event. The application will be reviewed by the Administrative Services Manager (or Head Librarian for the Library Quiet Room) and applicants will be notified of approval or denial. If the room furnishing configuration needs to be modified for your use, you will be charged a fee to recover the cost of staff making changes to the room for your use. t CITY LIABILITY Cu~rY~+ly ,1$30. IM "AW-i All groups or individuals using City meeting rooms agree to protect, indemnify, and defend 6~. the City, its authorized agents, elected and appointed officials, and all employees against eD1 any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. The City, its elected and appointed officials, and all employees will not be held responsible for any lost or stolen articles, clothing, etc., as a result of persons attending any function in the building. USER LIABILITY The City recognizes that a certain amount of wear will occur to meeting rooms over the course of normal use. However, in the event the above maintenance guidelines are violated, the user will be liable for the following charges: 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 2. Replacement of locks and keys, in the event keys are not returned. NeAg ---p. 3. Cleaning expense incurred to clean up room(s) if not left in the same condition as found. nm\civcntr ( login\loreen t y CIVIC CENTER MEETING ROOM USE APPLICATION City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223 ROOM TO BE RESERVED: Town Hall Room - 90 people maximum Town Hall Conference Room - 20 people maximum Community Development Conference Room - 10 people maximum Library Quiet Room - 15 people maximum 1. NAME OF GROUP/ORGANIZATION 2. ADDRESS PHONE 3. CONTACT PERSON PHONE 4. DATE/TIME ROOM WILL BE USED 5. DESCRIPTION OF ACTIVITY 6. NUMBER OF PEOPLE EXPECTED TO ATTEND 7. ROOM FURNISHING CONFIGURATION CHANGE NEEDED YES NO (If Yes, attach map showing room set up required and submit payment of $ with this application. 8. RESPONSIBLE ADULT WHO WILL BE ON PREMISES AND PICKING UP ROOM KEY AT POLICE DEPARTMENT RECORDS COUNTER 9. CHECK CITY EQUIPMENT TO BE USED: Chairs Tables Sound System 10. REFRESHMENTS TO BE SERVED: 11. SPECIAL EQUIPMENT TO BE USED; I acknowledge having received and read the Civic Center Building Use Policy. The activity described above will be conducted in accordance with these guidelines. [and urther agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, all employees against any and all claims as a result of persons attending any function at the facility. This ovision includes any expenses incurred by the City defending any such claim. I further understand the City, NQla~ eh elected and appointed officials, and all employees will not be held responsible for any lost or stolen articles, Aothing, etc., as a result of persons attending any function in the building. agree that in the event the maintenance guidelines, as set forth in the Building Use Policy, are violated, I will liable for the following charges: Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. Replacement of locks and keys, in the event keys are not returned. Cleaning expense incurred to clean up room(s) if not left in the same condition as found. SIGNATURE DATE - OFFICE USE ONLY: APPROVED DISAPPROVED If disapproved, reason: Administrative Services Manager (or Head Librarian) Date LOGGED / APPLICANT NOTIFIED j POLICE DEPT. NOTIFIED / CHECKLIST RECEIVED / nm\civcntr CHECKLIST FOR MEETING ROOM USERS This checklist should be completed and returned with the meeting room key to the Police Records Center (13125 SW Hall Blvd.) when all members of your organization have left the Civic Center buildings. Name of Organization: Date/Time of Room Use: Person Completing Form: Phone # Description Prior to Event Following Event Proper Room Configuration No Litter Carpet, Tables, Etc., Clean Equipment in Good Repair Lights Turned Off Room and Building Locked If any answers above are "no," please explain: Thank you for your assistance in keeping the City meeting rooms neat and in good repair for all citizens to use. nm\civcntr login\loreen 9alik &ILd 1~v The Parks Board mission for the nest year will be as follows: 1. Continue to monitor the implementation of the Parks levy improvements. 2. Develop a "Year 2000 Action Plan for Park and Recreational Facilities for the City of Tigard and that area within the City's area of interest. 3. Develop new resources for parkland acquisition and recreational facility improvements. COUA -at 6Vn6e44s,C , : / ~J ` t,ri~-fie ,:--y 77 r VC WE Cy ~z ,--kpL ett,tl a-wc- 2~ D7 TABLE 2-A POTENTIAL SYSTEM DEVELOPMENT CHARGE TO FUND HIGH PRIORITY LAND ACQUISITION AND IMPROVEMENT COSTS IN GROWTH RELATED COMMUNITY AND LARGE URBAN PARKS Land Acquisition Future.Community Parks 2,000,0001 Land Acquisition Future Large Urban Parks 4,000.0002 Subtotal $ 6,000,000 SDC Based on Growth Projection of Tigard Part: Plan - o Land Acquisition Only .............................$1,065 per unitO SDC Based on Growth Projection of Finance Department - o Land Acquisition Only .............................$1,690 per unit4 Improvements Future Community Parks 4,750,000 Improvements Future Large Urban Parks 8,000.000 Subtotal $ 12,750,000 SDC Based on Growth Projection of Tigard Park Plan - o Improvements Only .................................$2,264 per units SDC Based on Growth Projection of Finance Department - o Improvements Only .................................$3,591 per unit6 SDC Based on Growth Projection of Tigard Part: Plan - o Land Acquisition and Improvements .................$3,329 per unit SDC Based on Growth Projection of Finance Department - o Land Acquisition and Improvements .................$5,281 per unit NOTES TO TABLE 2-A 1. Based on acquiring 50 acres @ $40,000 per acre. See 1987 Tigard Park Plan p.23. 2. Based on acquiring 100 acres @ $40,000 per acre. See 1987 Tigard Park Plan p.24. 3. Based on population of 40,000 by the year 2000. Uses Finance Department estimate of 27,050 as of 1989-90 as current population base. This leaves a growth of 12,950. This is divided by Metro's estimate of 2.3 per household, yielding 5,630 dwelling 'units to be built. Dividing the land acquisition subtotal by the dwelling units = $1,065/unit SDC. 4. Based on population of 36,526 by the year 2000. Uses Finance Department estimate of 27,050 as of 1989-90 as current population base. This leaves a growth of 9,476. Finance Department estimate of the number of building units is 3,550. This is divided into the land acquisition subtotal = $1,690/unit SDC. 5. Improvements subtotal divided by 5,630 dwelling units. See note 3. 6. Improvements subtotal divided by 3,550 dwelling units. See note 4. TABLE 4 COST SUMMARY TO IMPLEMENT THE PARKS SYSTEM BASED ON THE RECOMMENDATIONS OF THE 1987 TIGARD PARK PLAN COSTS FOR IMPROVEMENTS TO EXISTING TIGARD PARKS PARK TYPE PRIORITY HIGH MEDIUM LOW 1. MINI-PARKS 62,000 $ 3,500. $ 87,000 2. NEIGHBORHOOD PARKS $ 608,500 $ 320,000 $ 601,000 3. COMMUNITY PARKS $ 704,500 $ 900,000 $ 639,270 4. LARGE URBAN PARKS $ 596,950 $1,067,300 $ 50,000 5. GREENWAYS/PARK PATHS $ 364,000 6. SUBTOTAL (Lines 1-5) $2,335,950 $2,290,800 $1,377,270 COSTS TO CORRECT ACREAGE AND FACILITIES DEFICIENCIES IN EXISTING PARK SYSTEM PARK TYPE PRIORITY HIGH MEDIUM LOW _ 7. MINI-PARKS $ 892,400 8. NEIGHBORHOOD PARKS $ 715,600 $ 114,000 $ 100,000 9. COMMUNITY PARKS $1,510,650 10. LARGE URBAN PARKS $4 457.600 $1,414,000 11. SUBTOTAL Clines 7-10) $6,683,850 $1,528,000 $ 992,400 COST FOR PARK SYSTEM EXPANSION PARK TYPE PRIORITY HIGH MEDIUM LOW 12. MINI-PARKS............ $ 400,000 $ 750,000 13. NEIGHBORHOOD PARKS ........$1,600,000 $2,000,000 $2,000,000 14. COMMUNITY PARKS $2,000,000 $3,300,000 $1,450,000 15 LARGE URBAN PARKS $4,000,000 $5,900,000 $2,100,000 16. GREENWAYS 800.000 $2.320.000 $2,880.000 17. SUBTOTAL (Lines 12-16) $ 8,400,000 $13,920,000 $ 9,180,000 TOTAL (Lines 6+11+17) $17,419,800 $17,738,800 $11,549,670 LESS 1989 TAX LEVY $ 1,750.000 SUBTOTAL $ 15,669,800 $17,738,800 $11,549,670 GRAND TOTAL ESTIMATE TO IMPLEMENT 1987 TIGARD PARK PLAN = $ 44,958,270 r, i w 14 TABLE -1 COST SUMMARY TO CORRECT DEFICIENCIES IN EXISTING PARKS SYSTEM BASED ON THE RECOMMENDATIONS OF THE 1987 TIGARD PARK PLAN COSTS FOR-IMPROVEMENTS TO EXISTING TIGARD PARKS - PARK TYPE PRIORITY HIGH MEDIUM LOW 1. MINI-PARKS 62,000 $ 3,500 $ 87,000 ; 2. NEIGHBORHOOD PARKS $ 608,500 $ 320,000 $ 601,000 3. COMMUNITY PARKS $ 704,500 $ 900,000 $ 639,270 f 4. LARGE URBAN PARKS $ 596,950 $1,067,300 $ 50,000 5. GREENWAYS/PARK PATHS $ 364.000 6. SUBTOTAL (Lines 1-5) $2,335,950 $2,290,800 $1,377,270 ; 'c COSTS TO CORRECT ACREAGE AND FACILITIES DEFICIENCIES IN EXISTING PARK SYSTEM r PARK TYPE PRIORITY HIGH MEDIUM LOW $ 892,400 7. MINI-PARKS $ 715,600 $ 114,000 $ 100,000 8. NEIGHBORHOOD PARKS... . 9. COMMUNITY PARKS...... ............$1,510,650 10. LARGE URBAN PARKS $4,457,600 $1.414.000 11. SUBTOTAL (Lines 7-10) $6,683,850 $1,528,000 $ 992,400 TOTAL (Lines 6+-11> $ 9,019,800 $ 3,818,800 $ 2,369,670 LESS 1989 TAX LEVY $ 1,750,000 GRAND TOTAL $ 7,269,800 $ 3,818,800 $ 2,369,670 i' i c C_ r T 9~5 TOP PRIORTI'Y 6A(11 /I Indicator Manhours * 1. Cleaning catch basins 1,340 480 * 2. Cleaning pipe all sizes 51,700 ft 1,230 ' 3. Roadside ditch reshaping 23,100 3,000 4. Roadside ditch vegetation removal 35,000 1,400 * 5. T.V. Inspection 20,000 1,000 6. Line and Catch basin construction and repair 500 7. Record keeping and R.F.A. investigation 490 i SUBTOTAL 8,300 IDW PRIVITY PAS * 1. Cleaning underground detention basins 1 40 2. Cleaning detention basins of vegetation and sediment 120 3. Repair and replace manholes 100 4. Clean outfalls 40 TOTAL 8,400 C 6 V • PAST JPMERIMME `J K-v c / C 1988/89 1989 90 Storm T.V. inspection 96 94.5 Storm sewer cleaned 369 641 Storm sewer repairs 334 370 Storm sewer installed 557 86 Open ditch cleaning 900 1,101 Catch basin construction 174 84 Catch basin cleaning 366 322 'DOTAL 2,796 2,698.5 run:login\cathy\cwswmfte COUNCIL AGENDA ITEM NO. 3, a r CITY OF TIGARD, =30M V~JIJM • ~ AGENDA ITE14 SUMMARY AGENILIA OF: er 17, 199 CMUMSM MITIM: September 6. 1990 ISS[JE/AGEN M Z~l=: Senior Center ACTION: BY: Patrick Rai.lly DEPT HEAD OK CITY AT. M9 OK BY: diav4 ISSUE Should the Council approve the a agreement, continuing to allow Ioaves and Fishes, Inc. use of the senior citizen facility but redefining the City,s role in maintaining the facility? ywm _ CN SC7N RY Pursuant to the decision to renbdel the Senior Center, the Council directed staff to amend the agreement permitting use of the facility by Ioaves and Fishes, Inc, to provide for ancillary use of the facility with City supervision: and to have the city assume greater responsibility for operation and maintenance of the facility. AIMM&WTVES CONSMEEZED 1. Assume boroader role in operation of facility, fundamentally altering role of Ioaves & Fishes, Inc. in provision of services to Senior Citizens... option was not pursued due to satisfaction with current service provider and cost to City of providing directly equal services. FISCAL IMPACT' Added operational and mai*+~ ~*+anee respomibiliti es, including utilities, custodial, building and grounds maintenance costs are T~x;~tely $27,000 per year. `There will be some offset revenue through rental fees if Council continues Practice of charging for use of the facility. SUGGES'T'ED ACTICN Approve attached agreement. i PJR: cw 3 q h 1 L `k COUNCIL AGENDA ITEM No. 3„3 CITY OF TIGARD. aREGM COMM AMM ITEM S[II RY AGENM OF: Segtexnber 17. 1990 DATE SUS: -September 10. 1990 I19SUE/AGL+3M TITM: PREVIOUS AC ITON: Manapmmt Campensa-tion MR/ PBEPAFM BY: Janice Deardorff DEPT HEAD OK CITY ACMIN RD¢UESTED BY: F POLL ISSUE t: i The City of Tigard has reviewed compensation practices in order to maintain a competitive and current sensation package for all management, supervisory and professional employees. LION SUMMARY Wages and benefits for management, supervisory and professional a ployees were studied to determine if changes should be made in FY 1990/91. Wages were reviewed in 1989. Benefits have not been reviewed since 1986. The following changes have been recce: 1. Phase-in a retirement increase from the existing contribution of 12.5% to 13.25 $ as of July 1, 1990, and 14% as of July 1, 1991; and 2. Adjust the vacation schedule for those a ployees with 6 to 10 years of service from the current rate of 9 hours per month to 10 hours per month; and 3. Increase the leng--term disability coverage from 60% of salary to a maximum of $3,333 to 66 2/3% of salary to a maximum of $3,500; and 4. Enact a maximum vacation accrual procedure so that no one can carry more vacation than they can earn over a two-year period, meaning that anything over what is earned in a two-year period would be lost if not used. We will be preparing procedures for implementation of this cap so that anyone having in excess of a two-year accrual would be given an opportunity to use the vacation that would be lost. AIREguam - CCNSIDE M 1. Approve as sutmitted. 2. Approve with amendments. FISCAL IMPACT 1. $11,000 in 1990/91 2. $ 2,500 in 1990/91 3. $ 2,500 in 1990/91 4. N/A ACTION SUGGESTED Approve changes to management eaq3ensation package. C. dc:mgtampsm COUNCIL AGENDA ITEM NO. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 17, 1990 DATE SUBMITTED: 9/5/90 ISSUE/AGENDA TITLE: Comprehensive PREVIOUS ACTION: Planning Commission Plan Amendment CPA 90-04 Zone recommendation Change 90-02 PREPARED BY: Keith Liden 14 DEPT HEAD CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City amend the Comprehensive Plan and Zone maps to redesignate a property from Light Industrial to General Commercial use? INFORMATION SUMMARY On August 13th, the City Council reviewed the above application to change the Comprehensive Plan designation from Light Industrial to General Commercial and the Zone designation from I-L (Light Industrial) to C-G (General Commercial) for a property located on the northwest quadrant of the I-5/Lower Boones Ferry Road interchange. The Council indicated that it wished to see additional information regarding the present situation for commercial and industrial lands and uses within the City and the southeast section of the City. Attached is a letter from Lans Stout to Keith Liden which contains the information requested. After reviewing this information, the staff continues to recommend denial of the proposal based upon the findings found in the attached report to the Planning Commission with the modifications found in the accompanying memo. Please refer to the August 13 agenda packet to review the materials submitted to the City Council previouly on this issue. The full packet was not reproduced for this meeting. ALTERNATIVES CONSIDERED 1. Approve the application and direct staff to prepare an ordinance for formal adoption. 2. Deny the request and direct staff to prepare a corresponding resolution. FISCAL IMPACT SUGGESTED ACTION Deny the application, and direct staff to prepare a corresponding resolution. CPA90-04.SUM/kl MEMORANDUM TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Cc RE: CPA 90-04 Speiker Partners DATE: September 5, 1990 After reviewing the information submitted by Lane stout, the staff continues to recommend denial of the proposed change from the Light Industrial to Commercial General for the subject 6.6 acre parcel based upon the findings in the attached staff report with the following modifications: 1. Page 3. The State Highway Division has changed its recommendation so that the Division is satisfied with both the short-range and long-range solutions available for addressing the traffic situation in the vicinity of the interchange. 2. Page 5. While the applicant has shown that vacant and underdeveloped land is available for both commercial and industrial use and that on a percentage basis this request is not highly significant, it has not been shown how Policy 5.1.1 will be satisfied. This policy states that: THE CITY SHALL PROMOTE ACTIVITIES AIMED AT THE DIVERSIFICATION OF THE ECONOMIC OPPORTUNITIES AVAILABLE TO TIGARD RESIDENTS WITH PARTICULAR EMPHASIS PLACED ON THE GROWTH OF THE LOCAL JOB MARKET. Policy 8.1.1 is satisfied due to the revised comments from the State Highway Division. 3. Page 6. Part 8. B. of the report should be revised to reflect the amended State Highway Division comments. 4. Pages 6. and 7. There have some changes in zoning approved by the City of Tualatin on the east side of I-5 but it has not been shown how these events have resulted in a change in circumstances to the west of I-5. CONCLUSIONS: The staff does not find the applicant's arguments, as presented in the materials submitted since the City Council's hearing on August 13, to be compelling enough to recommend a comprehensive plan change. The general economic impact appears to be similar under either designation, in that the commercial designation may mean more jobs at lower wages, and the industrial designation may mean fewer jobs at higher wages. The market data submitted suggest that there is a market for more commercial development in the area at the present time. While that may be true, staff is concerned that relying too heavily on current market conditions as a primary basis for a comprehensive plan change would tend to be unwieldy as a policy, and could cause the city to forego long term land use considerations in favor of short term market considerations. That conditions may have changed in the city or the surrounding area is more persuasive. Apparently, conditions have changed on the east side of the I-5 freeway, where additional land was designated and subsequently developed as commercial rather than industrial. Likewise, the City of Tigard's Development Code was changed to allow more commercial activities, such as hotels, in the I- P zone, which includes much of the property to the north. That there is more commercial land or activities that are allowed, or have already occurred, in the area should be carefully considered; however, staff does not find that this situation would lead to the conclusion that this particular property should be designated commercial. In fact, an argument could easily be made that it is even that much more important to keep this property designated as industrial. Therefore, staff recommends denial of the request. CPA90-04.SUM/kl t J AGENDA ITEM 5.1 STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: April 3, 1990 - 7:30 PM HEARING LOCATION: Tigard City Hall - Town Hall 13125 SW Hall Blvd. Tigard, OR 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 90-0004 Zone Change ZON 90-0002 REQUuST: 1) Plan Map Amendment from Light Industrial to General Commercial 2) Zone Change from I-L (Light industrial) district to C-G (General Commercial) district APPLICANT: Spieker Partners 5285 Meadow Road Lake Oswego, OR 97034 OWNER: Bingham Investments 3939 NW St. Helens Road Portland, OR 97210 AGENT: McKenzie/Saito & Associates (Lana Stout) 0690 SW Bancroft St. P.O. Box 69039 Portland, OR 97201-0039 LOCATION: Northwest quadrant of the intersection of Interstate 5 and Lower Boones Ferry Road at intersection with SW 72nd Avenue and Bridgeport Road. PROPERTY DESCRIPTION: WCTM 2S1 13AD, Tax Lot 1700 2. Background Information The property was annexed to the City of Tigard in 1976, and has been zoned I-L since that time. No land use or development applications for this parcel have been reviewed by the City since annexation. STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 1 3. Vicinity Information The subject acre site is bounded on the west by SW 72nd, on the east by I-5, on the north by the Oregon Business Park, and on the south by undeveloped right-of-way along Lower Boones Ferry Road. Surrounding uses and zoning designations are an industrial park zoned I-L to the north] the former Washington County quarry, which is zoned I-P (Industrial Park) and which is currently being filled in preparation for possible future development, is to the west; Tri-Met's Park and Ride is to the south across Lower Boones Ferry Road within the City of Tualatin; and I-5 to the east. Industrial development is the predominant land use on the west side of the freeway interchange, whereas commercial development is the predominant use on the east side. 4. Site Information and Proposal Description The 6.6 acre undeveloped site is generally flat and is slightly below the arade of the freeway thereby providing substantial exposure to freeway traffic. There is a stand of large Douglas Fir trees on the site along with some smaller deciduous trees and low-lying brush. The applicant requests a Plan Map amendment from Light Industrial to General Commercial and a Zone Change from the I-L (Light Industrial) zoning district to the C-G (General Commercial) zoning district. The applicant has submitted a statement designated Narrative In Support of a Proposed Amendment to the City of Tigard Comprehensive Plan Map and Zoning Map. In addition, the applicant has submitted a traffic study in tabular form. The traffic study is summarized within the Narrative. Although the proposed redesignation would make the subject property available for development of any of the permitted or conditional uses allowed in the C-G zoning district, the applicant's Narrative and traffic study focus on use of this site for a combined hotel and retail center. Hotels and retail sales are permitted uses in the C-G zone and are not either permitted or conditional uses in the present I-L zoning designation applied to the property. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: As mentioned in the applicant's submittal, there are adequate storm and sanitary sewers in S.W. 72nd Avenue to serve the site. The applicant has submitted a traffic study showing that the proposed zoning would result in increased traffic in the S.W. Jean Road/S.W. Bridgeport portion of the I-5 interchange. The Oregon State Highway Division has reviewed the study and has STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 2 r determined that while the intersection currently has an acceptable level of service with limited reserve capacity, approval of the proposed application would cause the intersection to reach its capacity much sooner. Consequently, the OSHD does not favor the proposed zone change. The Engineering Division shares this concern and therefore recommends that the application be denied. The Oregon State Highway Division has reviewed the proposal and has commented that development under the proposed commercial zoning typically would be expected to generate more traffic than the existing I-L zone. The LOS (Level of Service) analysis indicates a "D" level currently exists at this interchange. Development of uses under the proposed zoning would use the limited available capacity of the interchange much sooner than uses under the existing zoning. There are only short term improvements planned for this interchange. The Highway Division does not favor rezoning that would exceed this interchange's capacity sooner than the existing zoning. The Highway Division also has commented that the narrative report does not say how driveways will be provided to serve the site. The Highway Division assumes that the development will have only one driveway at the northern end of the property with no signal at that driveway. To do this, the frontage would need to be long enough to locate this driveway approximately 300 feet from the traffic signal at Lower Boones Ferry Road. The City of Durham has reviewed the proposal and has requested that every effort be made during development of the site to preserve as many trees as possible, in order to help preserve the air quality of our environment in this particular air shed. In addition, traffic controls should be provided in order to ensure coordinated use of 72nd and Lower Boones Ferry Road. The City of Tualatin Planning Department reviewed the proposal and offered comments regarding the applicant's traffic analysis report but made no recommendation regarding the proposed Plan Amendment/Zone Change. Tualatin questioned the traffic analysis' assumptions regarding the timing for the future extension of Durham Road to SW 72nd Avenue and for the addition of turn lanes at the 1--S/Lower Boones Ferry Road interchange. In addition, Tualatin questions the validity of assumptions regarding the amount of traffic to the site that will result from drive-by traffic. The City of Tualatin agrees with the traffic analysis' statement that this interchange and the surrounding roadways and uses are a regional issue. Should the requested land use change be approved, the City of Tualatin encourages the City of Tigard to actively support future freeway and interchange improvement projects in this area. The Building Division, Tigard Water District, Washington County Department of Land Use and Transportation, General Telephone, and PGE have reviewed the proposal and have issued no comments or objections. STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 3 No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, and 12; Comprehensive Plan Policies 2.1.1, 4.2.1, 4.3.1, 5.1.1, 7.1.2, 7.2.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3, and 12.2.1 (Locational Criteria for the General Commercial Use); and the change or mistake quasi-judicial Plan Map Amendment criteria of both the. Comprehensive Plan and Community Development Code. The Planning Division concludes that the proposal is only partially in compliance with the applicable Statewide Planning Goals based upon the following findings: 1. Goal #1 (Citizen Involvement) is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by neighborhood planning organizations (NPOs). In addition, all public notice requirements related to this application have been satisfied. 2. Goal #2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Community Development Code requirements to the review of this proposal. 3. Goal #9 (Economy of the State) is satisfied because the proposed redesignation would increase the City's inventory of developable commercial land although it would decrease the inventory of developable industrial land. No net impact on employment in the city is foreseen in the proposed redesignation. 4. Goal #12 (Transportation) is not satisfied because the proposed redesignation could lead to traffic from commercial uses to be developed on the site exceeding the remaining traffic capacity of adjacent streets and the I-5 interchange before necessary improvements can be made to improve an already severe traffic congestion situation. Development under the current industrial designations would exacerbate the existing traffic congestion, but to a lesser degree than would be expected with most potential commercial use types. Staff has determined that the proposed Plan Map Amendment/Zone Change is only partially consistent with the comprehensive Plan based upon the findings below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning organization #5 and surrounding property owners were given notice of public hearings related to the request and to their opportunity to comment on the proposal. 2. Plan Policy 4.2.1 will be satisfied through the development review and STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 4 r: building permit processes at which time a development proposal for this site must be shown to comply with applicable Federal, state, and regional water quality requirements including preparation and implementation of a non-point source pollution control plan in compliance with the Oregon Environmental Quality Commission's temporary rules for the Tualatin River Basin. The proposed redesignation does not by itself affect compliance with this Plan Policy. 3. Plan Policy 4.3.1 is implemented through the development review process in which building placement and landscaping are reviewed with respect to minimizing noise impacts of the developing use upon neighboring land uses. 4. Plan Policy 5.1.1 is not satisfied because this proposal will not enhance the economic diversity of the Tigard area. The subject property is located within the primary industrial area in the City which includes an area from Sandberg Road to the southern City limits and from I-5 to Fanno Creek. This area is important because there is no other land within the city limits or the Urban Growth Boundary that is as well suited for industrial activity from the standpoint of parcel sizes, terrain, transportation facilities, and compatibility with surrounding uses. 5. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve future development of this site. Extension of necessary public facilities to serve the site are the responsibility of the developer. The City of Tigard notifies applicable public and private utility providers of pending development applications. 6. Plan Policy 8.1.1 is not satisfied because the proposed redesignation could lead to development of uses on the site which would be expected to attract substantially more traffic than would be expected with development under the existing Light Industrial (I-L) designation. This increased traffic would potentially have a negative impact on traffic safety on nearby streets, especially at the intersection of Lower Boones Ferry Road, I-5, Bridgeport Road, and 72nd Avenue. Comments by the Oregon State Highway Division indicate that this intersection is presently near its maximum capacity and no substantial improvements are foreseen in the near future. Further overloading of this intersection/ interchange through commercial development would exacerbate the existing congestion that exists at many times of the day and would therefore increase traffic safety hazards. 7. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of this site. Completion of necessary street improvements along the site's frontages would be required to be installed by the developer at the time of development. The Engineering Division, the Oregon State Highway Division, and the City of Tualatin would review any future development proposals for the site with regard to necessary road improvements. STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 5 S. The locational criteria for General Commercial uses specified in Chapter 12 of the Comprehensive Plan (Policy 12.2.1) are partially satisfied for the following reasons: i A. The subject area is not surrounded by residential development on more than two sides. The closest residentially designated property is in excess of 1/2 mile away. B. As discussed above under Statewide Planning Goal #12 and Plan Policy 8.1.1, staff is not persuaded that the proposed commercial redesignation would not substantially increase traffic on adjacent streets and intersections and thereby exacerbate an existing traffic congestion situation to an unsatisfactory level and increase traffic safety concerns. This conclusion is based largely upon the analysis and recommendations of the Oregon State Highway Division and the City of Tigard Engineering Division. C. The site is located at the intersection of an arterial (I-5) and several major collector streets. Access to the site for any future development will be determined in conjunction with the Oregon State Highway Division through the development review process. D. Public transportation is available across Lower Boones Ferry Road from the site at the Tri-Met Park and Ride. E. The 6.6 acre site is an adequate size to accommodate a variety of uses permitted in the C-G zoning district. F. This site is highly visible from the adjoining streets, especially I-5. G. Compatibility of this site with adjacent uses is difficult to ascertain without an actual development proposal. However, the City of Tigard's Site Development Review and Conditional Use review processes are intended to provide an opportunity for review of a potential development's relationship with adjacent existing uses. Because the site abuts only industrial property and major streets, compatibility issues regarding future development would be anticipated to minimal except with regard to traffic concerns. In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the parcel. Alternatively, the City must find that there has been a mistake or inconsistency with regard to the original designation of the parcel (Comprehensive Plan, Volume 2, Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). The applicant's Narrative asserts that there has been a change in the character of the area surrounding the site because of the substantial amount of commercial development that has occurred within the STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 6 City of Tualatin in the interchange area thereby making the land uses in the area predominantly commercial in character. While staff recognizes the change in character of the interchange area that has occurred in recent years, most of that change has occurred on the eastern side of the freeway. The majority of the development on the western side of the freeway remains industrial in character; therefore we fail to see how the commercial growth on the east side constitutes a change in circumstances supporting additional commercial development on the highway's west side. Staff notes that if the applicant's primary intention regarding this site is to develop a hotel, this may be able to be accommodated through redesignation of the entire site or a portion of the site to the I-P (Industrial Park) zone. Hotels are allowed as a conditional use in the I-P zone. Redesignation to I-P could occur without a Plan Amendment, since both the I-L and I-P zones implement the current Light Industrial Plan designation. The applicant's Narrative recognizes this option but concludes that the area of the site not utilized for hotel use would be too small for most development under either the I-L or I-P zones. Development elsewhere in the City of Tigard does not support this conclusion. Although the City obviously cannot commit to a zone change such as this without conducting a complete analysis of the proposal, such a proposal would appear to be more in line the City's policies than the current proposal. C. RECOMMENDATION The Planning Division recommends that the Planning Commission forward a recommendation to the City Council for DENIAL of Comprehensive Plan Amendment CPA 90-0004 and Zone Change ZON 90-0002 based upon the foregoing findings. PREP BY: J rry O APPROVED BY: Keith Liden ssoc Planner Senior Planner br/CPA90-04.jo t.. STAFF REPORT - CPA 90-0004/ZC 90-0002 - SPIEKER PARTNERS PAGE 7 13 l8 - qyy ~k. AC cq~F~ OREGON i OREGON oa4i~ gUSiNESS gt}SINESs ~d Q O 3 F PARK ~v Q c 3 N RRApgUR N 1~ t p1NOLAY / 1 < Z~j I I 1 1 ! o Y , r r 3 AFC . 1 F Q w F.QO¢ 9~ w ~ Poo- t MACKENZIE/SAITO&ASSOCIATES, P.C. ARCHITECTURE, PLANNING, INTERIOR DESIGN 0690 S.W. BANCROFT ST. • P.O. BOX 69039 PORTLAND, OREGON 97201-0039 • (503) 224-9560 • FAX (503) 228-1285 August 30, 1990 City of Tigard Attention: Keith Liden 13125 S.W. Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 RE: Spieker/Bingham Zone Change Project Number 190106 Dear Keith: Enclosed is a package of information which responds to the City Council's request for additional information with respect to our proposed Plan Amendment/Zone Change. The Council's requested information included data on existing commercial and industrial land, available leasable space, employment and wage generation, and history of planning decisions in the area. The material that we have assembled includes: 1. An inventory of land zoned Commercial and Industrial in Tigard; 2. A summary of leasable space provided by Norris, Beggs, & Simpson; 3. A letter from John Ingle, Economist, with Palmer, Groth & Pietka, addressing employment and wages; 4. A summary of CPA/ZC applications in Tigard; and 5. A Record of Telephone Conversation documenting a conversation with Janet Young, Community Development Director, City of Tualatin. This information indicates the following conclusions: 1. There is less vacant/underutilized CG land than IL/IP land, and there is no vacant/underutilized CG land in the "subarea" including the site; 2. There is a considerably higher vacancy rate in industrial categories than in retail commercial; 3. Industrial and commercial development of the site will have about the same economic impact in terms of employment and income; 4. There have been few applications for CG zoning in Tigard, and none with the same issues and site characteristics as our proposal; and Keith Liden Project Number 190106 Awl August 30, 1990 Page Number 2 5. Tualatin has protected its commercial zoning in the vicinity of the site and has enhanced it through individual zone change approvals for Safeway/G.I. Joe's and Costco. The Council's questions which precipitated this further research were well taken. Overall, the facts generated by the research support the position that the proposed zone change will enhance the City's economic diversity and will be consistent with the applicable Comprehensive Plan policies. Thank you for your assistance in responding to the Council. I will look forward to discussing this material with you and presenting it to the Council. Sincerely, `~vI ns Stout Planning Manager LS/jl Enclosure cc: Greg Hathaway Jim Eddy Stuart Bingham FAX NO. 5032281285 P.02/02 E )sSEP- 5-90 WED 11:06 MSAIMEI f TIGARO COMMERCIAL/INDUSTRIAL LAND SUMMARY ZONE AREA TOTAL ACRES VACANT/UNDERUTILIZED2 IL/IP City 763 2413 (32%) IL/IP Subareas 352 1663 (47%) CG City 434 128 (29%) CG Subarea, 3 0 (0%) PROPORTIONS: 6.6 AC IS 0.8% OF TOTAL IL/IP 6.6 AC IS 2.7% OF TOTAL VACANT/UNDERUTILIZED IL/IP 6.6 AC IS 3.9% OF SUBAREA VACANT/UNDERUTILIZED IL/IP 6.6 AC IS 5.1% OF TOTAL VACANT/UNDERUTILIZED CG 6.6 AC IS 100% OF SUBAREA VACANT/UNDERUTILIZED CG NOTES: 1. Subarea map is attached 2. Underutilized includes sites developed but not to the intensity of use allowed by the zoning 3. Includes the gravel pits on S.W 72nd Avenue SOURCE: Tigard Daalabase 1990, City of Tigard, 1990 (including unpublished inventory data) j BY i DATE ACKl6IazOEI8AITO ~1$SOCIATEE, R.G. Boa NO. 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'j., I j SW yYBERG T / fW VYNENG IN n 23 I ` ,'m° , I lwi mm 19 1-+ J=-~- u:aAi-uE ~vbiy L15 EplE.GR E. i" i I R I N. _ •-~-:ls r t PI ~1GrL~ ZON C~.~N G _ BY ZO1J1 N CI SUE3ZEA DATE' 30.90 MACKENZIEISAITO & ASSOCIATES, AC- JOB NO. I ~lOlOh OREGON (503) 224-9570 WASHINGTON (206)451.1005 SHT, OF MACKENZIE ENGINEERING INCORPORATED OREGON (503) 224.9560 WASHINGTON (206)151.1430 0.1-Jul-90, BEGGS& SIMPSON ' MULT1-TENANT INDUSTRIAL/FLEX SPACE SURVEY AREA SUMMARY - 1990========= SOUTHWEST SUBAREAS SF AVAIL. % TOTAL SF TO LEASE VACANT 1 GTR 2 QTR SUNSET CORRIDOR HIGH TECH 2,416,132 634,168 26.2% 210,954 62,529 INDUSTRIAL 0 N/A N/A N/A N/A TOTAL 2,416,132 634,168 26.2% 210,954 62,529 INTERSTATE - 5 HIGH TECH 803,408 200,651 25.0% 25,599 13,236 INDUSTRIAL 2,391,130 428,424 17.9% 242,921 129,260 TOTAL 3,194,538 629,075 19.7% 268,520 142,496 HIGHWAY 217 HIGH TECH 2,615,445 410,538 15.7% 65,091 43,656 INDUSTRIAL 982,610 141,146 14.4% 4,515 12,000 TOTAL 3,598,055 551,684 15.3% 69,606 55,656 SOUTHWEST SUBTOTAL - - - - - - - • - - - - - - - - - - - - - - - - HIGH TECH 5,834,985 1,245,357 21.3%. 301,644 119,421 INDUSTRIAL 3,373,740 569,570 16.9% 247,436 141,260 TOTAL 9,208,725 1,814,927 19.71% 549,080 260,681 NORRIS BEGGS& SIMPSON RETAIL VACANCY SURVEY SOUTHWEST AREA AUGUST 28, 1990 TOTAL AVAILABLE PERCENT PROJECT/ADDRESS SQUARE FEET SQUARE FEET LEASED RATE FRED MEYER TUALATIN 187,000 0 100% N/A 19200 S.W. Martinazzi Tualatin, OR 97062 TUALATIN CONVENIENCE CENTER 154,428 2,170 99% $12-16.00 NNN NI/ 7900 S.W. Nyberg Road Tualatin, OR 97062 MERIDIAN SQUARE S.C. 123,876 0 100% N/A 6400 Lower Boones Ferry Rd. Tualatin, OR 97062 OSWEGO VILLAGE CENTER 79,119 2,255 97% $16.00 NNN 11 S. State Street Lake Oswego, OR 97034 LAKE OSWEGO CENTER 74,000 1,300 98% $6.00 NNN 330 SW First Lake Oswego, OR 97034 TOWNE SQUARE AT MOUNTAIN PARK 72,188 10,054 86% $14.00 NNN 3 Monroe Parkway Lake Oswego, OR 97034 TIGARD PAY LESS CENTER 71,236 51100 93% $6.50 NNN 12060 SW Main Tigard, OR 97223 MARTINAZZI SQUARE 60,000 6,952 88% $12.00 NNN 19455 S.W. Martinazzi Tualatin, OR 97062 KRUSE MEADOWS COMMERCIAL CTR 54,000 51900 89,6 $12.50-14.00 NNN 3.,3 S.W. Bangy & Bonita Road Lake Oswego, OR 97035 LAKE PLACE SHOPPING CENTER 50,223 3,885 92%$12-14.00 NNN 363 S. State Street Lake Oswego, OR 97034 SOUTH LAKE CENTER 45,200 0 100% N/A 17815 S.W. 65th Avenue Tualatin, OR 97062 THRIFIWAY SHOPPING CENTER 44,100 2,250 95% $11.00 NNN 29040 S.W. Town Center Loop Wilsonville, OR 97070 NORRM BEGGS& SIMPSON RETAIL VACANCY SURVEY SOUTHWEST AREA AUGUST 28,1990 TOTAL AVAILABLE PERCENT PROJECTIADDRESS SQUARE FEET SQUARE FEET LEASED RATE LOWRIE'S 40,000 0 100% N/A 9400 S.W. Wilsonville Rd. Wilsonville, OR 97070 PACIFIC CROSSROADS 39,240 6,695 83% $12.00 NNN 11705 S.W. Pacific Highway Tigard, OR 97223 CARMEN CENTER 24,290 1,985 92% $9.00 NN 15983 S.W. Carmen Tigard, OR 97224 WILSONVILLE TOWN CENTER 28,270 2,660 91% $11.00 NNN 29898 Town Center Loop Wilsonville, OR 97070 RIVERWOOD CENTER 18,409 2,500 86% $12.00 NNN 29955 S.W. Boones Ferry Rd. Wilsonville, OR 97070 i l LEN I'AT '•IEP i'.I~C1:,'.ii7.!Cr,°>;,li•? )~:,30CI7t23 Mac!<°llZie Engi;Jr--' g Irccrporatad August 28, 1990 Mackenzie/Saito & Associates, P.C. Attention: Lans Stout 0690 S.W. Bancroft Street P.O. Box 69039 Portland, Oregon 97201-0039 Dear Lans: You have requested my professional opinion on several issues related to the economic impact of commercial versus industrial development, and specifically as they relate to the proposed Bingham/Spieker zone change in the City of Tigard. I will address each question separately as follows: Employee Density--Light industrial projects typical in Tigard, include a mix of office, manufacturing, and warehouse space. Overall, accounting for this mix, this type of project usually produces about 20 employees per acre. This is based on a 35 percent building coverage and a 10-15 percent office build- out. General commercial development, with a 30 percent coverage will generate an average of 25 employees per acre. This employment density includes general retail, hardware, food stores, restaurant/bar, appliance/furniture, hotel/motel, personal and business services, finance, insurance and real estate firms. These employment density figures are based on results from METRO's Employment Density study, 1990. The building coverage percentages are industry standards typically used in employment projections. Wages--Light industrial employee wages average about $10.50 per hour including office, warehouse and manufacturing jobs. Wage generation is therefore about $210.00 an hour per acre. Other wage information compiled by the State of Oregon's, Employment Division, indicates the average retail trade employee earned $8.04 an hour in 1989. Therefore, general commercial development generates about $201.00 an hour per acre. lliE'_!ut `.I Iii! .\\I) I)RR 0\ Q7204 ;Ca 1~:\V l~l\ t,l:•!'I :!p !\i:4 \•\t\li '.IU id:1.1X I(1.1 I1 '.I fl\\IDL !•!f"' - ••!~t 'n K(t.Ht I!4H)S Ilhjk~t\ Mr. Lans Stout -2- August 28, 1990 It is clear from the above data that commercial development of the site will have insignificantly different economic impact than industrial development. Further, the critical issue is the total job generation, which is higher with the proposed commercial zoning. i New Job Growth--In the decade of the 1980's, the Portland metropolitan area suffered a restructuring of its industrial base. During the recession, manufacturing jobs were lost at a rate of 340 employees annually. Non-manufacturing jobs, by comparison, increased at a pace of 10,970 employees annually betweei; 1979 and 1989. During the decade of the 1990's, the Employment Division estimates that 92 percent of all new jobs will be in service- producing, or non-manufacturing industries. Growth in general commercial occupations (i.e. retail and service workers) will account for 38 percent of anticipated employment over the decade. Consequently, the demand for new general commercial space will increase more rapidly than the need for industrial space. t E F I believe the proposed zone change-is consistent with the Tigard Comprehensive Plan Policy 5.1.1 because economic diversification is obtainable if the City can respond to changing economic conditions including growth in the local job market. Past history has shown that industrial development of the subject property was by-passed for locations in Wilsonville and Tualatin, while similar properties in the immediate area were quickly developed for general commercial uses. It is my opinion, based on this information and my general experience, the Bingham/Spieker site will not develop for industrial purposes because of its unique attributes and ability to satisfy a need for higher-quality commercial sites. As a result, the City will see no economic benefit from this property without the zone change to general commercial. In summary, restructuring of the economy indicates that a majority of the local job growth will occur in the non-manufacturing or service-producing sectors. Consequently, the demand for general commercial acreage appears more favorable than industrial. r r t VAr Mr. Lans Stout -3- August 28, 1990 Rezoning the Bingham/Spieker site will encourage economic diversification because it will respond to prevailing locational, market and economic conditions in the Tigard community. Sincerely, PALMER, GROTH & PIETRA Jo D. Ingle, Di ector Economic and Market Research JDI/bjm jdi/8-10 PAL)AER, CROTH & PIETKA MACKENZIE/SAITO & ASSOCIATES, P.C. j 0690 S.W. BANCROFT STREET • P.O. BOX 69039 PORTLANO. OREGON 97201 (503) 224.9570 • FAX (503) 228.1285 i MEMORANDUM t DATE: August 27, 1990 { SUBJECT: Spieker/Bingham Plan/Zone Changes in Tigard k Project Number 290106 BY: Lans Stout To: File I~ k On August 24, 1990, Jerry Offer (of the City Planning staff) and I reviewed the Plan/Zone change dockets from 1984 to present. The following applications included General f Commercial zoning: CPA 12-85 IP to CG (2.8 ac.) at the intersection of Green burg /Cascade--approved CPA 09-86 IL to CG (Carman Center)--denied CPA 06-86/87-01 R25 to CG (Albertson's)--approved -CPA 88-01 R3.5 to CG (Triangle area)--approved .CPA 89-03 R3.5 to CG (Triangle area)--approved. LS/jl f; cc: Jerry Offer, Keith Liden - City_of Tigard Jim Eddy - Spieker Partners Stuart Bingham - Bingham Investments k }G p$ 4 z a C MACKENZIE/SAITO & ASSOCIATES, P.C., OREGON 0690 S.W. BANCROFT STREET • P.O.BOX 69039 PORTLAND. OREGON 97201 (503) 224-9570 • FAX (503) 228.1285 RECORD OF TELEPHONE CONVERSATION JOB Spieker Zone Change JOB NO. 190106 8/22/90 DATE TIME INCOMING CALL PERSON- Janet Young OUTGOING CALL COMPANY City of Tualatin PHONE NO. SUBJECT:- Zoning in Tualatin i REMARKS Recent rezoning in the area includes part of Costco's site (M.L. to C.G.), and Safeway/G.1. Joe's (M.L. to C.G.). The rationale for these changes was based on comprehensive plan policies which indicate the suitability of commercial uses in areas with proximity to I-5. The staff has consistently expressed resistance to non-commercial uses in this area, except for "public storage" on the east side of I-5 which was approved since it is a low traffic generator that is not purely industrial. Every effort has been made to accurately record this conversation. If any errors or omissions are noted, please provide written response within five days of receipt. Lans Stout LS/jl cc: Greg Hathaway - Garvey, Schubert & Barer Jim Eddy - Spieker Stu Bingham - Bingham Construction - t. 0-M\OIOf\t7KC1.,1 ~ , 6.010 Tualatin Development Code 6.010 6 COPO RCIAL PLANNING DISTRICTS 6.010 Background. (1) Commercial development in Tualatin has oc- curred primarily in the downtown area and near the City's 2 Interstate 5 Freeway interchanges at Lower Boones Ferry Road and Nyberg Street. Downtown development consists mostly of retail, service, and office uses ranging in size from small, locally owned firms to large national chain stores such as K-Mart. Development near the interchanges is predominantly automobile-oriented and includes motels, service stations, and restaurants. (2) At present, there are approximately 165 acres of land zoned for commercial use, but only a little over 1/3 of this land is developed. Two factors account for the bulk of the undeveloped commercial land. First, much of this land is in large parcels (10 or more acres) owned by a few major-developers such as Schnitzer Invest- ment Corporation. These firms have held their land in anticipation of economic conditions favorable to large- scale commercial development. Second, much of the unde- veloped commercial land is in the 100-year-flood plain of the Tualatin River and is thus subject to additional de- velopment costs necessary to comply with applicable flood plain regulations. (3) Despite the large amount of undeveloped commercial land, a number of factors suggest that this land will be needed for commercial use during the planning period. First, the demand for additional goods and ser- vices will increase as Tualatin's population increases. Greater concentrations of population and the relatively high incomes of the area's residents will support increas- ingly specialized types of retail and service establish- ments. It should be noted that the adjoining communities of Durham, Rivergrove and Lake Grove are predominantly residential in character, with relatively little comner- cial development. Consequently, growth of these cities will increase the demand for available commercial land in Tualatin, particularly near the Lower Boones Ferry Road interchange with I-5. Second, the Lower Boones Ferry Road interchange area is subject to continued development pres- sure because of its accessibility for freeway travelers looking for gasoline, food, or lodging on their way to and from Portland. And finally, the City is located adjacent to 3 of the region's major transportation routes, the ~00 6.010 Tualatin Development Code 6.010 Interstate 5 and 205 Freeways and the State Highway 217 Expressway. This access to the remainder of the region and to the Willamette Valley provides an opportunity for larger-scale commercial and freeway-oriented developments. (4) It should be noted that while most of Tual- atin's residents work elsewhere, they will more likely work in the City if diversified job opportunities are available. Tualatin's supply of commercial land will thus eventually create additional diverse job opportunities and hopefully decrease Tualatin residents' needs to travel out of the community to find jobs. (5) As mentioned above, the area north of the Tualatin River around the Lower Boones Ferry Road inter- change is attractive for freeway-oriented commercial development. The present Comprehensive Plan designates most of the area as General Commercial, and considerable development has occurred in the area since 1970. However, a number of industrial firms are located throughout the area as a result of zoning established prior to the adop- tion of the existing Comprehensive Plan, creating land use conflicts between existing and potential commercial devel- opment. This Plan expands commercial use in 2 areas and preserves for light industrial use those areas that are already committed to industrial development. This was done because it was felt that the City had sufficient industrial land in the Western Industrial District and that proximity to the freeway interchange and the residen- tial character of the area better lent itself to commer- cial use than industrial use. (6) As much of the City's commercial land area is visible from the Interstate 5 Freeway and because all residents of Tualatin must pass through a commercial area before reaching their homes, it is important that aes- thetic design in commercial areas be sensitively handled. Generally, the design of a community's commercial area defines much of the community's character. Fortunately, the City has an Architectural Review process and an Urban Renewal Agency to help to prevent inappropriate, unattrac- tive development, but much more could be done to increase the quality of architectural and landscape design in com- mercial areas. Because much of Tualatin's commercial land is forested, is visible from the freeway, or is adjacent to residential uses, land-extensive commercial uses, such as automobile, truck and machinery sales and rental, would be more appropriately located in the City's Western Indus- trial District where there are relatively large, flat and r ~~e.. 6.010 Tualatin Development Code 6.020 i unf orested parcels of land. This area will have good ac- cess to freeways, and land-extensive commercial uses would not affect the industrial uses planned for this area. (7) The Roamer's Rest commercial area is unique in its character and history. It has served the needs of the traveling and recreating public for many years and forms a part of the history of the Portland metropolitan area. It is appropriate to continue the general land use pattern of highway and recreation oriented commercial activity in this area, even including the provision of housing in a mixed-use type of development. A specialized Planning District is necessary to accommodate the desired commercial activity without allowing other uses that are not oriented either to the river or the highway. (8) As Tualatin grows in terms of residents and employees, and as these individuals disperse more through- out the City rather than concentrating near the downtown area, there is an ever-increasing demand for commercial services in close proximity to the people. This demand is primarily for day-to-day shopping and service needs such as small grocery purchases, hair cutting and styling, etc. The creation of neighborhood commercial centers, through the use of the new Neighborhood Commercial (CN) Planning District, will not only provide these services to the res- idents and employees, it will work to reduce traffic by eliminating trips to the downtown commercial areas. This concept is not seen as having any negative impact on the downtown area, as the types of goods and services to be provided are small and limited in nature. It is critical, however, that the design of neighborhood commercial uses be such that they are of a residential character and en- hance rather than detract from neighborhoods. [Sec. 6.010 amended by Ord. 592-83, Sec. [25], passed June 13, 1983.1 6.020 Assumptions. The following are general assump- tions used to formulate this Plan: (1) Demand for the City's commercial land will increase. (2) Large-scale commercial enterprises will find Tualatin an increasingly attractive location. (3) The City will become a commercial center serving a population much larger than its own. (4) Retail commercial enterprises will locate primarily in the City's downtown area. ,r' r 6.020 Tualatin Development Code 6.040 (5) Freeway service establishments and offices will locate adjacent to the City's freeway interchanges or will be visible from the Interstate 5 Freeway. (6) Demand for hospital-related commercial development will occur near Meridian Park Hospital. (7) The creation of residential and employment concentrations away from the downtown core will create the need for neighborhood commercial centers. These centers are intended to provide for day-to-day shopping and ser- vice needs and are not intended to be serious competition with businesses in the downtown area. [Sec. 6.020 amended by Ord. 592-83, Sec. 26, passed June 13, 1983.] 6.030 Objectives. The following are general objec- tives used to guide the development of this Plan: (1) Encourage commercial development. (2) Provide increased employment opportunities. (3) Provide shopping opportunities for sur- rounding communities. (4) Locate and.design commercial areas to mini- mize traffic congestion and maximize access. (5) Continue to utilize specific and enforce- able architectural and landscape design standards for com- .mercial,development. (6) Encourage developers to consider solar access when designing commercial development projects. (7) Locate land-extensive commercial uses, such as automobile, truck and machinery sales and rental, in the City's Western Industrial District. (8) Provide for limited and carefully designed neighborhood commercial centers. [Sec. 6.030 amended by Ord. 592-83, Sec. 27, passed June 13, 1983.] 6.040 Commercial Planning_ District Objectives. This section describes the purpose of each commercial planning district. (1) Office Commercial Planning District (CO). To provide areas suitable for professional office uses adjacent to or across from residential areas. Restaurants may be allowed by conditional use permit when designed as an integral part of a major office complex. It is the intent of this district to provide for ofrrice development ranging in size from small buildings with one or two ten- 6.040 Tualatin Development Code 6.040 ants to large complexes housing business headquarters offices. In the design of development in this district, care shall be taken to preserve significant natural re- sources and to provide extensive perimeter landscaping, especially adjacent to residential areas and streets. (2) Neighborhood Commercial Planning District (CN). To provide locations for commercial uses within close proximity to residential areas. It is to provide for opportunities to serve the needs of residents for con- venience-shopping and services. Such uses will be limited to professional offices, services, and retail trade that are oriented to the day-to-day commercial needs of the residential neighborhood. Neighborhood commercial uses are intended to be pedestrian oriented and should serve to reduce automobile trips and energy consumption. The pur- pose is also to assure that such development is of a scale and design so that it is compatible with the residential environment and is an enhancement to neighborhood areas. It is not the purpose of this district to create large- scale commercial facilities that will compete with similar uses, such as large grocery or department stores, located ' in the downtown area. (3) Recreational.Commercial Planning District } (CR). To recognize the unique and valuable physical, r scenic, cultural, and historic character of the Roamer's ¢ Rest area located between the Tualatin River and Pacific Highway (99W) north of the highway's intersection with Tualatin Road. It is intended to preserve that area by allowing and encouraging commercial and related uses that are oriented to the traveler on the highway or that are oriented toward and relate well with the river. (4) Central Commercial Planning District (CC). To provide areas for a full range of retail, professional and service uses of the kinds usually found in downtown areas patronized by pedestrians. Civic, social and cul- tural functions that serve the general community are also appropriate. The Central Commercial Planning District is almost entirely within the downtown portion of the urban renewal area. The Urban Renewal Plan contains extensive development policies and design standards that apply to this district. These policies and standards ire intended to help create a village atmosphere in the downtown area. Multiple-family housing is appropriate in certain areas of this district, as specified in the Urban Renewal Plan. / r l a k 6.040 Tualatin Development Code 6.040 (5) General Commercial Planning District (CG). To provide areas suitable for a full range of commercial uses, including those uses that are inappropriate for neighborhood, office or central commercial areas. This district is particularly suitable for automobile/service- oriented businesses, excluding automobile, truck and ma- chinery sales and rental, located along the freeway and major arterials. Because of their location, these uses are highly visible to large numbers of passing motorists. Commercial development along the freeway provides perhaps the only lasting impression of Tualatin for many travel- ers. Therefore, careful attention shall be given to site and structure design for development in this district, in- cluding signs, choice of materials, and landscaping, par- ticularly in and around parking areas. [Sec. 6.040 amended by Ord. 592-83, Sec. 28, passed June 13, 1983.] WIM" 7.010 Tualatin Development Code 7.015 O V STAL• and "general" for ease of understanding. The light indus- trial uses are arranged in the Plan to be adjacent to res- idential areas to minimize environmental conflicts as much as possible. Because industrial processes change rapidly due to new technology, it is also intended that some in- dustrial uses proposed in the general use category may be appropriate in a lighter use area, if properly designed to mitigate adverse environmental impacts. (8) While most of Tualatin's industrial land is located between Tualatin Road and Avery Street in the wes- tern portion of the City, there are small amounts of in- dustrial land located in the northern portion of the City and lying on either side of the Lower Boones Ferry Road/ Interstate 5 Freeway interchange. The Plan has main- tained, as industrial use, those areas that are now com- mitted to industrial development. However, some land pre- viously zoned industrial has been converted to a commer- cial designation because of the residential character of the area and proximity to the freeway. The industrial land in this area is designated on the Plan as light industrial because of the area's proximity to commercial and residential areas. ea_Overv; ew. This section 7.015 industri a'► Pi anni~s Ar describes the history and nature of the Indus- trial Planning Area. (1) The Industrial Planning Area is located in the southeastern portion of Washington County and immedi- ately west of the developed portion of the City of Tual- atin. It is within the Urban Growth Boundary and was annexed to Tualatin in November, 1982, except for a few individual parcels. (2) The Industrial Planning Area is served by Pacific Highway (Highway 99W) as a direct route to Port- land. It also is tied directly by Tualatin-Sherwood Road, and indirectly by Tualatin Road and Herman Road, to Inter- state 5 with direct ties to the east via Interstate 205. It is crossed by Southern Pacific and Burlington Northern railroad lines. (3) The area lies in the relatively flat low- lands of the Tualatin Valley, with farmland scattered throughout. Although the area is currently rural and sub- urban in nature, increasing pressure for development is occurring. This is noted by the construction of several new industrial uses within the planning area during the last 10 years and the rapid growth of industrial use in the western portions of the City. SUBMITTED BY APPLICANT: 9/7/90 HEARING BEFORE THE CITY COUNCIL OF TIGARD, OREGON SPIEKER PARTNERS ) BINGHAM INVESTMENTS ) c/o Mackenzie/Saito ) Case File No. CDA 90-0004 & Associates ) ZON 90-0002 A Request For Approval ) PROPOSED FINDINGS of a Comprehensive Plan ) FOR SEPTEMBER 17, 1990 Amendment to Change the ) HEARING Land Use Designation From ) Light Industrial to General ) Commercial and to Change ) the Zoning Designation From ) I-L (Light Industrial) to ) C-G (General Commercial) ) I. INTRODUCTION This request is to amend the City of Tigard Comprehensive Plan from Light Industrial to General Commercial and the City's Zoning Map from I-L (Light Industrial) to C-G (General Commercial) for a 6.6 acre parcel of property at S.W. 72nd Avenue near S.W. Lower Boones Ferry Road. The property is described as Tax Lot 1700 on Assessor's Map 2S1-13AD. The City Planning Commission held a hearing on these requests at its meeting of July 10, 1990. After receiving testimony and deliberating on this matter, the Planning Commission voted to recommend to the City Council approval of these requests. The Planning Commission recommendation for approval came before the City Council for hearing at its meeting of August 13, 1990. The City Staff advised the Council that it had concluded that the Applicant had demonstrated compliance with all of the applicable legal criteria justifying the Plan and Zone Change requests, except for Comprehensive Plan Policy 5.1.1 (Economic Page 1 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING a Diversification). The Staff took the position that the City Council would have to determine whether the change in land use designation from industrial to commercial for this particular parcel of property diversified the economic opportunities available to the residents of the City of Tigard. The City Council continued this matter to its meeting on September 17, 1990 to allow the Staff and Applicant to present additional information on existing commercial and industrial land in the City of Tigard, available leasable commercial and industrial space, employment and wage generation for industrial and commercial development, and the history of planning decisions in the area of the subject parcel. In conjunction with the Staff, the Applicant submitted to the City Council the information requested regarding the proposed Plan and Zone Change requests and testified how this information demonstrated that the proposed requests are consistent with the economic diversification policy of the City (Comprehensive Plan Policy 5.1.1). The Applicant also presented to the City Council proposed findings demonstrating compliance with the City's economic diver- sification policy 5.1.1. Also, as a part of these proposed find- ings, the Applicant addressed Statewide Planning Goal 12 (Transpor- tation) and Comprehensive Plan Policy 8.1.1 (Transportation) for the purpose of demonstrating that the proposed redesignation will not negatively impact the nearby streets and traffic circulation pattern in the area. Although the City Staff and the Planning Commission have concluded that the redesignation would not cause negative adverse impacts, the Applicant submitted these findings to Page 2 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING respond to any questions the City Council may have had regarding traffic impacts. II. CRITERIA AND STANDARDS FOR SEPTEMBER 17, 1990 HEARING The criteria and standards applicable to the City Council's consideration of this matter on September 17, 1990 are as follows: Comprehensive Plan Policy 5.1.1 (Economic Diversification). 5.1.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Comprehensive Plan Policy 8.1.1 (Transportation). 8.1.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Statewide Planning Goal 12 (Transportation). To provide and encourage a safe, convenient and economic transportation system. A transportation plan shall (1) consider all modes of transportation including mass transit, air, water, pipeline, rail, highway, bicycle and pedestrian; (2) be based upon an inventory of local, regional and state transportation needs; (3) consider the differences in social consequences that would result from utilizing differing combinations of transportation modes; (4) avoid principal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environmental impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged by improving transportation services, (8) facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with local and regional comprehensive land use plans. Each plan shall include a provision for transportation as a key facility. Page 3 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING III. FINDINGS AND REASONS These findings demonstrate that the above-mentioned applicable legal criteria are satisfied. Comprehensive Plan Policy 5.1.1 (Economic Diversificationj. 5.1.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Findings: The Planning Department Staff Report found that the proposed zone change would be consistent with all applic- able Comprehensive Plan policies with the possible exception of 5.1.1 related to economic diversification. The Council considered this issue at length and has received additional information from the Applicant and Staff. The Council finds that: 1. Thirty-two percent (241 acres) of the City's I-L/I-P zoned land is vacant or underutilized, while 29 percent (128 acres) of the City's C-G land is vacant or underutilized. 2. Forty-seven percent (166 acres) of the I-L/I-P zoned land in the vicinity of the site is vacant or underutilized. 3. There is a total of 3 acres of CG land in the vicinity of the site, all of which is developed for commercial purposes. 4. The 6.6 acres represents 2.7 percent of the total vacant/underutilized I-L/I-P in the City of Tigard and 5.1 percent of the total vacant/underutilized C-G in the City of Tigard. 5. The 6.6 acres represents 3.9 percent of subarea vacant/underutilized I-L/I-P and 100 percent of subarea vacant/underutilized I-L/I-P. 6. According to a Norris, Beggs & Simpson inventory, 16.9 percent of the industrial space and 21.3 percent of the high tech space in the southwest area is vacant. 7. In the I-5 and southwest areas, according to the Norris, Beggs & Simpson inventory, the vacancy rate for industrial/high tech space is about 20 percent. Page 4 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING 8. The Norris, Beggs & Simpson survey further shows that retail commercial vacancy rates are less than 10 percent in the same area. 9. A letter from John Ingle, Economist, indicates that the 1990 Metro Employment Density Study shows that retail commercial projects typically produce about 25 employees per acre, while industrial projects produce about 20 employees per acre. 10. Applying average wage rates to these employment figures shows that commercial projects generate about $201 per hour per acre, and industrial projects about $210 per hour per acre. These findings are the basis for the City Council's conclusion that the redesignation of the subject property from Industrial to Commercial complies with the City's Economic Diversification Policy 5.1.1. These findings indicate that industrial and commercial development of the site will have about the same economic impact in terms of employment and income on Tigard residents. Also, these findings demonstrate that there is a considerable higher vacancy rate in industrial categories than in retail commercial in the area. Further, this 6.6 acre parcel represents a small percentage of the total vacant/underutilized I-L/I-P land in the City of Tigard (2.7 percent). These findings also indicate that there is no vacant/underutilized general commercial land in this area of the City. As a result, the City concludes that a redesignation of, this property for commercial purposes will provide economic benefits to the citizens of Tigard at a minimum in a substantially similar manner as if the property retained its industrial desig- nation and will provide immediate economic benefits as a commercial development inasmuch as the property has remained undeveloped as an industrial site. Page 5 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING Comprehensive Plan Policy 8.1.1 (Transportation). 8.1.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development; and Statewide Planning Goal 12 (Transportation). To provide and encourage a safe, convenient and economic transportation system. Findings: An initial traffic study, in response to the proposed amendments, indicated the existence of heavy traffic conditions at the intersection of S.W. 72nd Avenue and S.W. Bridgeport Road. Since the Oregon Department of Transportation ("ODOT") initially expressed concern that the proposed zone change would exacerbate the existing conditions, the Applicant sponsored an additional extensive study of the traffic conditions in the area which involved the ODOT, Tri-Met and the Cities of Tualatin and Tigard, and Washington County. The study produced several alternatives, one of which was a generally-agreed-upon best solution for the future improvement of the intersection of S.W. 72nd Avenue and S.W. Bridgeport Road. The Council has reviewed these studies and finds that: 1. The intersection of S.W. 72nd Avenue and S.W. Bridgeport Road, and of S.W. Bridgeport Road and I-5 ramp terminus both function at an acceptable level of service when independently analyzed. r i Page 6 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING { 2. The traffic problem evident at this location is the lack of adequate stacking distance for left turns, which results in traffic failing to clear the intersection during green. 3. Development of the site under I-L zoning will add about 74 P.M. peak hour trips to the intersection (2.9 percent of projected future total) while C-G zoning would add about 161 trips (6.3 percent of future total). 4. Most of the site-related traffic under C-G zoning would be exiting the freeway and turning right from S.W. Bridgeport Road to S.W. 72nd Avenue, thus utilizing a noncritical movement in terms of intersection function. 5. The southbound S.W. 72nd Avenue to eastbound Bridgeport Road vehicle stacking distances in the P.M. peak hours are: • existing 113 feet • with commercial development of the site 125 feet • with industrial development of the site 123 feet 6. The westbound Bridgeport Road to southbound 72nd Avenue vehicle stacking distances in the P.M. peak hours are: • existing 93 feet • with commercial development of the site 82 feet _ with industrial development of the site 93 feet 7. ODOT has a 1991 project to re-stripe and widen turn lanes to improve the critical intersection lanes. 8. The applicant has proposed traffic-related conditions for approval of the zone change, which the Planning Commission recommended be accepted, to ensure that the development of the site fulfills its traffic obligation. 9. Washington County has expressed a willingness to work with the other affected jurisdictions and property owners to effectuate a long-term improvement to the intersection of S.W. 72nd Avenue and S.W. Bridgeport Road. 10. Tom Schwab of ODOT testified before the Planning Commission that the Applicant's studies and conclusions were accurate, and, specifically, that the change to commercial and subsequent development would not impact the affected intersection significantly or differently than development under the existing industrial zoning. As a result, Staff is in concurrence with ODOT's conclusion relative to traffic issues. Based on these findings, the City Council concludes that t C there is a unique traffic condition in the area, where the critical r f Page 7 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING t intersection functions at an acceptable level, but stacking distance for left turns is inadequate. The Council also has found that through the efforts of the Applicant, a multi-jurisdictional group has reviewed the condition and arrived at a preliminary long- term solution. Finally, the Council has found that because of these unusual conditions, site development under the proposed re- zoning to C-G will not have a significantly different impact on traffic than if the site were developed under I-L zoning, and that the traffic associated with C-G zoning can be accommodated by the street system. IV. CONCLUSIONS Based on the information provided by the Applicant and Staff, the City Council acknowledges that the City has not consid- ered redesignating industrial land to commercial and the applica- tion of Policy 5.1.1 to determine whether such a change would be in the best interests of the City. Based upon the evidence presented in this particular case, the City Council concludes that redesig- nating the site to commercial will cause no negative economic impacts on the City, will not establish a precedent in the City's evaluation of any future applications, and based on its unique location should be redesignated from industrial to commercial. DATED this JNay of September, 1990. GARVEY CHUBERT & BARE By: G gory S. athaway Of Attorneys for Spieker Partners and Bingham Investments { MACKENZIE/SAITO & ASSOCIATES By : Ze-"-?S Lans Stout 5/GSH/AU8/4 31137-00100 Page 8 - PROPOSED FINDINGS FOR SEPTEMBER 17, 1990 HEARING