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City Council Packet - 10/28/1991 CITY OF TIGARD OREGON AGENDA PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign 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 item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (7:00 PM) 1. BUSINESS MEETING (7:30 PM)) 1.1 Call to Order - City Council & Local Contract Review Board a 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 Council Minutes: September 17, and 30, 1991 3.2 Receive and File: Report on Criminal Forfeiture Account 3.3 Initiate Proceedings for a Proposed Vacation of Public Right-of-Way for a Portion of S.W. Garden Park Place - Resolution No. 91- 67 3.4 Local Contract Review Board: a. Authorize Purchase of Existing Modular Office b. Authorize Advertisement for Bids for Remodel of the Former Tigard Electric, Inc., Building C. Award Bid for Contractual Street Sweeping Services to Mid-State Industrial Services 3.5 Designate S.W. 109th Avenue Extension as TIF-Eligible - Resolution No. 91-zaf 3.6 Approve Recommendations of Transportation Advisory Committee for Streets Capital Improvement Projects for FY 1991-92 COUNCIL AGENDA - OCTOBER 28, 1991 - PAGE 1 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0015 JURNEY (NPO #8) A request to annex one parcel consisting of 1.40 acres into the City of Tigard and to change the zone from Washington County R-5 (Residential, 5 units/acre) to the City of Tigard R-4.5 (4.5 units/acre). ZONE: Washington County R-5. The R-4.5 designation provides for single-family detached dwellings as well as public support facilities, home occupations, and farming among other uses. LOCATION: 7607 SW Landau Street (WCTM 1S1 25CD, tax lot 4000) APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, & 18.138.020 (A) (B); Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, & 10.3.2. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: NPO 8 Proponents (Speaking for Annexation) Opponents (Speaking Against Annexation) Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Resolution No. 91%0; Ordinance No. 91-3/ 5. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT ZOA 91-0002 A proposal to amend and repeal various provisions of the Community Development Code chapter 18.142 pertaining to Home Occupations. The proposal establishes two types of home occupations. A Type I Home Occupation exhibits no evidence of a business and requires only a one time criteria. A Type II Home Occupation, allows some evidence (sign, customers, employees) of a business and requires notification of adjacent property owners upon approval. The amendment includes adding notice to property owners within 250 feet. (Chapter 18.32.120.A.1.b.iv) for Type II Home Occupations and repealing the provision for notice for adjacent property owners only, Chapter 18.32.120.A.1.C.ii. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: Proponents (Speaking for Amendments) Opponents (Speaking Against Amendments) Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Ordinance No. 91-3-~, COUNCIL AGENDA - OCTOBER 28, 1991 - PAGE 2 P• v 6. NON-AGENDA ITEMS 7. 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 properly transactions, current and pending litigation issues. 8. ADJOURNMENT =1022.91 s ~ COUNCIL AGENDA - OCTOBER 28, 1991 - PAGE 3 Council Agenda Item TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 • Meeting was called to order at 7:00 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Jack Schwab, Valerie Johnson, Joe Kasten and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; Randy Wooley, City Engineer, Bob White and Cliff Scott of Operations. STUDY SESSION • Award Bid for Contractual Street Sweeping Services to Mid-State Industrial Services Bob White and Cliff Scott of Operations apprised Council of bid status for six street sweeps per year. City of Tigard equipment was purchased in late 1970 and 1987. Question was raised whether it was less expensive to contract street sweeping out than to own and maintain sweeping equipment. If City of Tigard does contract work out, one sweeper would be kept as a back-up. By contracting sweeping, the City of Tigard would gain approximately 25 days of mechanic/shop time for maintenance/repair of other vehicles/equipment and gain 1,000 plus manhours in the Streets Department for other projects, such as patching, painting, crack sealing and sign maintenance. One of the concerns was whether the City of Tigard had received enough bids; one explanation was that those companies who contemplated bidding did not have equipment to meet DEQ standards, and they did not have updated equipment. • Approve Recommendations of Transportation Advisory Committee for Streets Capital Improvement Proiects for FY 1991-92. City Engineer apprised Council regarding TIF monies to be used for carry-over projects. Transportation Advisory Committee recommended three new projects, including 109th from Naeve to Royalty at an estimated cost of $300,000. Triad is considering matching the $300,000, but will still be obligated to area of north of Naeve. CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 1 Mayor Edwards recommended removing items 3.5 and 3.6 from the Consent Agenda. A representative from Summerfield may also be present at the regular session and ask that those two items be removed. BUSINESS MEETING 2. VISITOR'S AGENDA: Two persons were signed on the Visitor's Agenda testimony sheet. Sue Carver advised she wished to speak on the NPO 6 request for waiver of appeal fees concerning Triad Development. Motion by Councilor Johnson, seconded by Councilor Kasten to waive the appeal fee related to Triad Development. Motion was approved by a unanimous vote of Council present. Marge Davenport requested a waiver of appeal fees concerning Triad Development. Mrs. Davenport had filed an appeal as a private citizen, and abstained from voting during the NPO 6 meeting on this issue. Council consensus was to deny waiver of appeal fees, reserving fee waiver for unique circumstances or non-profit groups. ,4' Motion was approved by a unanimous vote of Council present. 3. CONSENT AGENDA: Motion by Mayor Edwards, seconded by Councilor Johnson, to remove Item 3.5 (Designate S. W. 109th Avenue Extension as TIF-Eligible); and Item 3.6 (Approve Recommendations of Transportation Advisory Committee for Streets Capital Improvement Projects for FY 1991-92) from the Consent Agenda and vote on as separate items. Motion was approved by a unanimous vote of Council present. Motion by Councilor Kasten, seconded by Councilor Schwab to approve the following: 3.1 Approve Council Minutes: September 17 and 30, 1991 3.2 Report on Criminal Forfeiture Account 3.3 Initiate Proceedings for a Proposed Vacation of Public Right-of-Way for a Portion of S.W. Garden Park Place - Resolution No. 91-67 CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 2 i t 3.4 Local Contract Review Board: Authorize Purchase of existing modular office; Authorize advertisement for bids for remodel of the former Tigard Electric, Inc., building; Award bid for contractual street sweeping services to Mid-State Industrial Services. Motion was approved by a unanimous vote of Council present. Tom Rogers, 15518 SW 114th Court, Tigard, Oregon, 97224, President of the Fountains Condominium Association, testified in favor of the SW 109th Avenue Extension, but asked Council to consider building a barrier/brick wall to shield traffic noise. He also suggested moving the extension as far west as possible. Clyde Roarke had originally planned to testify in favor of the SW 109th Avenue Extension. He stated he agreed with Mr. Roger's testimony. Councilor Schwartz noted placement of road would be considered at time plans are made to build. Motion by Councilor Schwartz, seconded by Councilor Kasten to approve the SW 109th Avenue Extension (Resolution No. 91-68). Motion was approved by a majority vote of Council present; Mayor Edwards voted "No." Councilor Schwartz made a motion to approve recommendations of Transportation Advisory Committee for Streets Capital Improvement Projects for FY 1991-92; C Councilor Kasten seconded. Mayor Edwards referred to his disagreement with recent Transportation Map changes made in this area. Motion was approved by a majority vote of Council present; Mayor Edwards voted "No." 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0015 JURNEY (NPO #8) a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director reported on this annexation, and recommended sending it to the Boundary Commission for approval. Councilor Schwartz suggested including the Sewell property as part of the annexation. During discussion, the majority consensus of Council was that this should be a separate item. d. Public testimony: None. CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 3 e. Public hearing was closed. f. RESOLUTION NO. 91-69 - A RESOLUTION REQUESTING ANNEXATION OF ONE PARCEL CONSISTING OF 1.40 ACRES INTO THE CITY OF TIGARD AND TO CHANGE THE ZONE FROM WASHINGTON COUNTY R-5 (RESIDENTIAL, 5 UNITS/ACRE) TO THE CITY OF TIGARD 4-4.5 (4.5 UNITS/ACRE). Motion by Councilor Schwab, seconded by Councilor Johnson to approve Resolution 91-69. Motion was approved by a unanimous vote of Council. g. ORDINANCE NO. 91-31 - AN ORDINANCE REQUESTING ADOPTION OF FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-15) (JURNEY) AND DECLARING AN EFFECTIVE DATE. Motion by Councilor Kasten, seconded by Councilor Johnson to approve Ordinance 91-31 which changes the zone from Washington County R-5 to the City of Tigard R-4.5. Ordinance was approved by a majority vote of Council present; Councilor Johnson voted "No." 5. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT ZOA 91-0002 TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE CHAPTER 18.142 PERTAINING TO HOME OCCUPATIONS. a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director reported on proposal to amend and repeal various provisions of the Community Development Code Chapter 18.142 pertaining to Home Occupations. A copy of the information presented by Community Development Director is filed with the Council meeting materials. Also distributed was an errata sheet noting changes to Section 18.142.060, Permit Procedures for Type I and Type II Home Occupations. d. Council agreed with the provisions, but recommended rewording Section 18.142.100, C, (1) and (2) as follows: _ CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 4 i' l Review of Complaints: Complaints shall be reviewed by the Director. The Director shall either approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this Chapter. The operator of the home occupation may appeal the Director's decision to the Hearings Officer. Council also agreed to include the changes noted on the Errata Sheet as described above. (Note: Said errata has been filed with the Council meeting packet material). e. Public testimony: None. f. Public hearing was closed. Motion by Councilor Schwab, seconded by Councilor Kasten to approve Ordinance 91-32 with amendments to Section 18.142.100, C, (1) and (2); and amendments to Section 18.142.060 as noted on the errata sheet. Ordinance was approved by a unanimous vote of Council present. 6. EXECUTIVE SESSION: Cancelled 7. ADMINISTRATIVE REVIEW: a. Councilor Schwab reported on the Metro meeting regarding Greenspaces. b. Western Bypass meeting will be held on October 31 at 1:30 with ODOT and neighboring cities. Valerie Johnson and Pat Reilly will attend. 8. ADJOURNMENT: 8:40 p.m. Atte Jo Ha e , Recordi g Secretary v Mayor, City of Tigard Date: 11 ~i~~ t l ccm 1028.91 CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 5 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 dice TT 7080 BEAVERTON, OREGON 97075 Legal Notice Advertising T7,e folio ',ng meeting h,ghlighIS are pubLsliied for geritlas may be obta,nesl from the C,iy Aecorde~% A3~2 qj Ii.4 • City of Tigard • Boulevard, Tigard, O,trgon 97 b E3 Tearsheet Notice Y calking 639-4171 PO Box 23397 " Tigard, OR 97223 x- CITY COUNCIIa BY7$1NESS 117F~Ir, , r i, a~~ • ❑ Duplicate Affidavit • TIGARD COrT rN" E'R ?$,1991;; a ' l , , a • 131258 W 7'QWNHai.) : HALL BO LE~~y^~ TIGARD h t~ NOTE TIiIRS AGENDA I r ' c TElV1fS WERE SET O~:EliROlUi THE CANCELU OCTOBEFL 22 1191,11gE Stud Meetin ~f x ~ETIP1Gt AFFIDAVIT OF PUBLICATION y . g CTown Hall Conferer►ce Room) p M.)x q STATE OF OREGON, Bus,tiess Meet,ng (Town Hall) (Y 30 P,M) COUNTY OF WASHINGTON, as. Judith Koehler 'PublicHea,~ngs x~3F~ Y it 3~ being first duly sworn, depose and sa Ihat !(pm the Advertising Annexation ey~zCA 91 ~i015 ' Director, or his principal clerk, of the lxarTimes . 1 ~SUeet= 7~~~$enliexadop, 7607 SW" h 4 i f R~f s.~''Yn s."x r S z ~akt t_ ~k .t i' M ' a newspaper of general cl ulatioa q as defined in ORS 193.010 COW;. dments~io;Ho~,c~Occup~tion Otd~ha ce a % nd 193.020; published atQBr =r 18.14 coortyGai in the P 2)« h ; <?+x ~r~ P, „(Devo'prh~: afo~o ,d ice st to that° bf,a~at , ,vim k*w~ he u i r N jx"3s~1r ' to y y ~otictc, tsus' ecugire~Sess,on mess Meeting The Ti +t" } f > r z v Bard C,ty Counc,l will o inF~'c ss~ a panted copy of which is hereto annexed, was published in the { ~k prov,,s,onsiof ORS 192, f g ,yE$pss,op uhders r ?LS lions, real{~1~ ~d)t (8)>+{h) to,sc ~''x r p entire issue of said newspaper for One -successive and ssabo~a sues Pn°lY~sRcpons,~r s~ T Y - van. consecutive in the following issues: - f Per►dwtOgatson" a=u£~a~a32,ynriij' Local Con a t ` sY a r, r October 24 tractRev,eQB 1991 zW,~~ T card lbieel,n f 4~<x c 6- W AIR 106FIC f .lL Subscribed and sworn to before me this_ th d y o ~~r, 1991. Notary Public for Oregon VEPLY B. THOMAS F-NNOBARY OFFICIAL SEAL My Commission Expires:''_ f~,c' PI~BLIC OREGON v .alssloN No.ooossz AFFIDAVIT Oti EXPIRE t JULY 15,1954 COMMUNITY NEWSPAPERS, INC. Leg P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7072 BEAVERTON, OREGON 97075 Legal Notice Advertising • • ❑ Tearsheet Notice City of Tigard • PO Box 23397 • ❑ Duplicate Affidavit Tigard, OR 97223 The following meepng b~ghhgh'ts,are published folr. your,infonnation Full. agendas may; be obtained from the City Reorder, 13125 S W' Hall ^ Boulevard, Tigard, Qregon 97223; or by calling 639-4171 r, +;f CITY COUNGII.BUSINESSMEETING AFFIDAVIT OF PUBLICATION TIGARC AI.L, TOWHAIsi.° STATE OF OREGON, X131 iS:W f G€ARD, ©REGON COUNTY OF WASHINGTON, )Ss. ,1'• h t Ti Judith Koehler ~ad Meeting (T6w K I; lr 3 .ra:4r being first duly h. 'S a ( t ~ .c .a tsy e D 4 s ;f t *x , t sworn, depose and say mater Iss on,'-at I am,ij)e Advertising ti, a y ~3 t Director, or his principal clerk, of the Qar es > e~ { { t ~,t# a newspaper of general circul pn a defined in ORS 193.010' r f ~~T ,3 >s l^ u wk and 193.020; published at Bard in the Ix=' .t t v 7- Y, ,a4 .,,E t 4 (S i Y 1?abh Hearings,z F=~~ a 4$1,c ; , y. of esaid co t~ and c stateutitot the t ~otice o' C:it (~o k `Annexatson. Jurne Z A 1 n ge;Atua on y ci Business Meeting G al- ~ r 5 W Canaan Street e~ wz f ti a printed copy of which is hereto annexed, was published in the • Amendents to Home OCCUpateonrOrdman y (Development Code One C r~18142)s, 4 k entire issue of said newspaper for successive and x 4~ consecutive in the following issues: , 1rlCeCUI1Ve $eSS10n. x . ~,?c 5 f i ap, kT.Mr ..is r • kThcrTigard CttyNCouncrl wail go~tntb Exec &Vsegston u> der the October 17. 1991 p ovislon`s of ORS 192;660 (1) (d) {e); &(h) to discuss labs i i la ,~rttons, teal property transacpons; cu#ren lpenchng izt>gation§ uas. loeat`'ContractRevdew 13oardMeettng ~ F}~~ `r ~ Subscribed and sworn to before ""m~~e''thin 17th day of October, 1991. 4 OFFICIAL SEAL Notary Public for Oregon BEVERLY B. THOMAS 0 NOTARY PUBLIC -OREGON My Commission Expires: ~ COMMISSION NO.000352 AFFIDAVIT COMMISSION EXPIRES JULY 15.1994 /9y7" MY CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Ordr'ac«ce /Uvs. ~ ~ - 3 , STATE OF OREGON } County of Washington ) ss City of Tigard ) I, begin first duly sworn, on oath, depose and say: That I posted in the followin public and conspicuous places, a copy of Ordinance Number(s) Ql 3 which were adopted at the Council ^I --.0V I rip 1 Meeting dated t copy (s) of said ordinance (s) being hereto attached a d by reference made.a part hereof, on the date of ~~),r . 1991. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Saving Bank, 12260 SW Main St., Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this S date of Y\aZ ti•-, OFFICIAL SEAL Notary PA Tic for Orego i, M. JOANN HAYES O PUBLIC-OREGON COMMISSION NO N0..0 0066513 513 My Commission Expires: jQ 9 5 My COMMISSION EXPIRES MAY 5. 1995 h:\1ogin\7o\cwpost IL CITY OF TIGARD, OREGON ORDINANCE NO. 91- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 15) (JURNEY) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Margaret and Craig Jurney who are the owners of the subject parcel; and WHEREAS, The City Council held a public hearing on October 22- d, 1991 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on October~ci 1991 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Map/Lot Number Current Zoning Proposed Zoning 1S1 25CD/4000 Wash. Co. R-5 Tigard R-4.5 Current Plan Designation Proposed Plan Designation Wash. Co. R-5 Tigard Low Density Residential Section 2: The property meets the definition for an established area as defined in Chapter 18.138 of the Community Development Code and shall be designated as such on the development standards area map. Section 3: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By mq'o ( vote of all Council members present after brd ing r d by number and title only, thia day of GZP~ ~U/vt✓Q liC~ atheri.ne Wheatley, City Recor r APPROVED: This ~ll day of , 1991. d R, w , Mayor A owed as to fo I~Cjtly Attor f Date F 1` CITY OF TIGARD, OREGON ORDINANCE NO. 91- 3 a 'ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT Z PERTAINING TO HOME OCCUPATIONS, CHAPTER 18.142.010 THROUGH 18.142.130 AND :HAPTER 18.31.120 REGARDING NOTICE OF DECISION. WHEREAS, the City of Tigard finds it necessary to revise its Community Development ode periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard desires to add flexibility to and streamline the home Dccupation process; and ffMREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on September 23, 1991 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on October 22, 1991 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Community Development Code shall be amended as shown in Exhibit. "A.". Language to be added is UNDERLINED. Language to be deleted is shown in [Brackets]. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City.Recorder. 1 USED: By j rl C M ►'YtiG S vote of all Council members present after being read by number and title only, this ~F bh day of QGfv> r, 1991. C ~ Catherine Wheatley, City Recor r APPROVED: This c? day of 1991. rald R. ards, Mayor Approved as to form: T City t rney pate a ORDINANCE No. 91- Page 1 t Chapter 18.142 HOME OCCUPATIONS Sections: 18.142.010 Purpose 18.142.020 Applicability and Exemptions 18.142.030 [Administration and Approval Process] Nonconforming Uses [18.142.032 Nonconforming Uses] [18.142.035 Permit Renewal: Applicability] 18.142.040 [Expiration of Approval: Extension of Time Revocation] General Approval Criteria and Standards 18.142.050 [Approval Criteria] Type I and Type II Home Occupations Defined [18.142.055 Additional Requirements for a Home Occupation] 18.142.060 [Approval and Compliance for a Business Tax Certificate] Permit Procedures for Type I and Type II Home Occupations 18.142.070 [Time Limit and Revocation] Submission Requirements for Tyne II Home Occupations Applications 18.142.080 [Application Submission Requirements] Conditions Applicable to Type II Home Occupation Approvals 18.142.090 Revocation and Expiration of Home Occupation Permits 18.142.100 Action Regarding Complaints and Violation of Standards 18.142.110 Notice of Decision and Appeals 18.142.120 Penalties 18.142.130 Business Tax Certificate Required 18.142.010 Purpose A. it is the purpose of this chapter to [regulate home occupations in residential, commercial, and industrial zones in a manner that will ensure that the use is]: [1. A secondary, lawful use to the primary residential use of the premises upon which they are found; and] [2. Not disruptive of the residential area.] [B. The purpose of this chapter is also to:] [1. Permit -residents of the community a choice in the use of their homes as a place of livelihood and the production or supplementing of personal income and family income; and] [2. Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential, commercial and industrial zones.] [C. The standards contained in this chapter are intended to ensure that home occupations will be compatible and consistent with the SOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1 residential uses and will not have a detrimental effect on neighboring properties and the neighboring residents.] [D. The standards contained in this chapter are intended to promote the efficient use of public services and facilities by ensuring these services are provided to the residential population for which they were planned and constructed rather than for commercial or industrial use.] [E. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter or without first obtaining or ensuring that there has been obtained a permit for such use in the manner provided by this chapter where a permit is required.] [F. It is not the intent of this chapter to regulate hobbies. A home occupation is to be geared ultimately towards financial gain. (Ord. 89-06; Ord. 87-20; Ord. 84-73; Ord. 83-52)] 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters or because the nature of the .activity would make it impractical to expand to a full- scale enterprise; and 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents 18.142.020 rExemptions] Applicability and Exemptions A. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the previsions of this chapter. [A.] B. Exemptions from the provisions of this chapter are: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises. Farming activities shall be consistent with the definition of farming contained in TDC Chapter 18.26 (Definitions): 3. [Not-for-profit hobbies;] Hobbies which do not result in payment to those engaged in such activity; _1OME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 4. Proven nonconforming [use] home occupations as per TDC Section 18.142.032. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord. 83-52) 18.142.030 ;Administration and Approval Process] Nonconforming Uses [A. The applicant of a home occupation proposal shall be the occupant of the property.] [n. For a single home occupation carried on at two or more Tigard residences, one joint business tax application shall be required but each business partner must apply for a separate home occupation permit.] [C. A preapplication conference -with City staff is required in accordance with Section 18.32.040.] [D. 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 six months after the preapplication; 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.] [E. The Director shall approve, approve with conditions or deny any application for a home occupation. The Director shall apply the standards set forth in Section 18.142.050 when reviewing an application for a home occupation.] [F. Notice of the Director's decision shall be given as provided by Section 18.32.120. The decision of the approval authority may be appealed in accordance with Subsection 18.32.310.A. (Ord. 89-06; Ord. 87-20; Ord. 83-52)] A. Ongoing home occupations may be granted nonconforming status provided that they were: 1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval: 2. Permitted under City authority prior to 1983 and have since been in continuous operation. B. 1. A nonconforming situation is further governed by TDC Chapter 18.132 (Nonconforming Situations) Such use may continue until the use is expanded or altered so as to increase the HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 [ t~ r level of noncompliance with the present City title. (Ord. 89- 06; Ord. 87-20) 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. [18.142.032 Nonconforming Uses] [A. Certain types of use may be granted nonconforming status by the City:] [1. Home occupations under County authority prior to annexation to the City which have been in continuous operation, and which have been, or would have been found to meet the County's requirements; and] [2. Home occupations under City authority which have been in continuous operation and which began operation prior to 1983.] [B. The burden of proving a nonconforming status which preserves nonconforming rights, rests with the property owner or tenant. Such a status is further governed by the regulations contained in Chapter 18.132. Such use may continue until the use is expanded or altered so as to increase the level of noncompliance with the present City title. (Ord. 89-06; Ord. 87-20)] 18.142.040 General Approval Criteria and Standards A. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.142.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2. There shall be no more than three deliveries per week to the residence by suppliers; 3. There shall be no offensive noise vibration smoke dust odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 (Environmental Performance Standardsl; 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation [use) and associated storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; 5. A_ home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 18.144 of this title; 6. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates: 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties Those individuals which are engaged in home occupations shall make available to the fire marshall for review the material Safety Data Sheets which pertain to all potentially toxic and/or flamable materials associated with the use 8. No home occupation shall require any on or off-street parking other than that normally required for a residence: 9. The following uses are not allowed as home occupations: A. Auto-body repair and painting. b. Ongoing mechanical repair conducted outside of an entirely enclosed building. C. Junk and salvage operations. d. Storage and/or sale of fireworks 10. There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5 r t vehicle of not more than three-quarters ton GVW may be parked outside of a structure or screened area. f8.142.035 Permit Renewal: Applicability] [A. Home occupation permits issued under the provisions of this title shall expire after one year and an application for renewal of the permit shall be filed with the City prior to the expiration date to continue lawful operation of the home occupation business. The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040.] [B. Home occupation permits which received City approval prior to November, 1983 but may be nonconforming as defined in Chapter 18.132 or Section 18.142.032 shall be renewed annually. The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040.] [C. Home occupation businesses which existed without a valid home occupation permit prior to November, 1983 shall apply for a home occupation permit under the provisions of this chapter or prove nonconforming status as per Section 18.142.032. The original permit shall be valid for one year and shall be renewed annually prior to the expiration date under the provisions of Section 18.142.040. (Ord. 89-06; Ord. 87-20; Ord. 83-32)] 18.142.050 Type I and Type II Home Occupations Defined .A. Home occupations shall be administered as either Type I or Type II uses A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken In addition to the general criteria outlined in Section 18 142 040, home occupations shall observe the following additional standards: 1. Type I Home Occupations: A Type I home occupation shall exhibit no evidence that a business is being conducted from the premises A Type I home occupation shall not permit: a. Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; b. Exterior signage which identifies the property as a business location; t C. Clients or Customers to visit the premises for any reason: d. Exterior storage of materials; .TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 i 1 r 2. Type II Home Occupations: Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore the following is allowed for Type II home occupations: a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be. attached to the residence or accessory structure or placed in a window; b. No more than one outside volunteer or employee who is not a principal resident of the premises; c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m.and shall not generate excessive traffic or monopolize on-street parking. d. Storage of materials, goods, and --equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and, shall not occur within the front yard or the required side yard setback; 118.142.040 Expiration of Approval: Extension of Time Revocation] [A. Approval of a home occupation by the Director shall be effective for a one-year period.] [B. The Director shall renew the permit upon:] [1. Application and payment of a fee by the applicant; and] [2. Finding that:] [a. All of the conditions of approval have been satisfied;] [b. There has been no change in the original application approved by the Director;] [c. There have been no changes in the facts or applicable policies on which the approval was based;] [d. The applicable approval criteria in Section 18.142.050 are satisfied; and] [e. The applicant certifies that he/she is complying with the conditions of approval and agrees to comply in the future.] [C. The Director shall give notice of the renewal as provided by Section 18.32.120 of this title only in the case where a real or dOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 i alleged violation has been reported to the Planning Division. The decision may be appealed as provided by Subsection 18.32.310.A.] [D. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home occupation permit or the most recent renewal.] [E. A home occupation permit shall become invalid:] [1. Should the property on which the original home occupation permit was based be sold or legally transferred to a family member who is not a resident of the home; or] [2. If the applicant moves his residence. (Ord. 89-06; Ord. 87- 20; Ord. 83-52)] 18.142.060 Permit Procedures for Type I and Type II Home Occupations A. Type I and II Home Occupations: A person wishing to engage in a Type I or Type II home occupation must be a principal occupant of the Property. nay a one-time review fee to the City, agree to abide by the provisions of this chapter, and acquire an annual Business Tax Certificate. B. Additional Permit Procedures for Type II Home Occupations: A person wishing to engage in a Type II home occupation is required to have a pre-application conference with City staff in accordance with TDC Section 18.32.040 and -is also required to submit an application and a fee. 1. The decision to approve, approve with conditions, or deny an application for a Type II home occupation permit shall be made by the Community Development Director upon findings of whether or not the proposed use: a. Is in conformance with the standards contained in this chapter; b. Will be subordinate to the residential use of the property; c. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. 2. The Director's decision to deny an application or approve it with conditions may be appealed to the Hearings Officer. 3. Upon approval of a Type II home occupation application, the Community Development Director shall issue a preliminary notice of approval and provide notice of the same to the affected Neighborhood Planning Organization and Property HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 owners within 250 feet of -the property line of the proposed use. The decision shall be final within twenty days followings the day of mailing of notice unless appealed to the Hearings Officer. C. Appeals shall be made in accordance with TDC Subsection 18.32.310A at a cost equal to sixty (60) percent of the City's standard appeal fee. (Ord. 89-06; Ord. 87-20; Ord. 83-52). [8.142.050 Approval Criteria] [A. Issuance of a home occupation permit shall be allowed only for those home occupations which can successfully meet all of the following approval criteria, without exception:] (I. The use shall be a lawful use which shall be carried on by the occupants of the dwellings;] [2. The home occupation shall be operated:] [a. Entirely within the dwelling unit and a conforming accessory structure. The use and storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The total area used in the accessory building shall not exceed.500 square feet. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with Chapter 18.144 of this title. Variances to the accessory use requirements may be applied for as per Chapter 18.134; and] [b. More than one home occupation shall be allowed on any one property only if the combined floor space usage of both home occupations do not exceed 25 percent of the gross floor area of the dwelling as calculated in this subsection;] [3. The home occupation shall be a secondary use to the primary use of the residence as a dwelling;] [4. In residential zoning districts, there shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the use except the address of the home occupation may be displayed;] [5. Home occupations in commercial and industrial zoning districts may be permitted to erect a freestanding sign with a total of eight square feet in area and six feet in height. Total signage for walls shall not exceed four square feet. Such HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 signs require a City sign permit as stipulated in Section 18.114.020 of this title;] [6. There shall be no outdoor storage or display of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health, and housing codes. The applicant shall be required to obtain approval from the relevant fire district prior to storage of any flammable or hazardous materials on the property;] [7. The use shall not include any retail sales other than telephone sales;] (8. The use shall not involve direct sales or service from the property necessitating customer traffic to the residence;] [9. The home occupation shall not produce any noise or obnoxious odors, vibrations, glare, fumes, electrical interference, heat (detectable to normal sensory perception outside the structure), traffic or discharge of materials, gases, or fluids into the sanitary sewer and storm drainage systems which are either in excess of what is normally associated with residential use or which exceed the performance standards set forth in Chapter 18.90;] [10. There shall be no other paid employees on the premises other than those who are permanent residents of the dwelling;] [11. The use shall not require any additional parking other than that which is required for the residence; and] [12. There shall be no more than three deliveries per week to the residence by suppliers. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] 18.142.070 Submission Requirements for Type II Home Occupation Applications A. An application for a Type II home occupation shall be made on forms provided by the Community Development Director and shall be accompanied by: 1. One copy of the applicant's statement or narrative which explains how the proposal conforms to the approval criteria in Sections 18.142.040 and 18.142.050; 2. The required fee; 3. A site plan of the property drawn to scale with a north arrow indicated- The site plan shall show all major features of the property including buildings, major vegetation, access for public streets, sidewalks, etc. .SOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 4. One floor plan of all structures on the property which are to be used for the home occupation(s); 5. One title transfer instrument; 6. One assessor's map; i 7. Property owner's signature (s) or written authorization. (Ord. 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) 18.142.[055] 080 [Additional Requirements for a Home Occupation] Conditions Applicable to Tyne II Home Occupation Approvals A. The Community Development Director may impose conditions [on the approval of a home occupation permit which he finds are necessary to ensure the use is compatible with other use in the vicinity.] upon the approval of a Type II home occupation permit to ensure the requirements of this chapter are complied with. These conditions may-include, but are not limited to the following: 1. Further limiting the hours, days, place, and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust; 3. Requiring additional building setbacks [areas], and increased lot area, [or lot] depth or width; 4. 'Further limiting the building area [extent] and outdoor storage used by [of] the home occupation [use] and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location, and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles [at all times] associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, [drainage, and surfacing of parking and loading areas] of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; [8.] 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11 i [9.) 10. Limiting or setting standards for the location and intensity of outdoor lighting; [10. Requiring berming, screening, or landscaping and the establishment of standards for their installation and maintenance;] 11. Requiring and designating the size, height, location, of fences and materials [ for fences ] used for their construction; 12. Requiring the protection and preservation of existing trees, [soils,] and other vegetation, watercourses, slopes, wildlife habitat areas, and drainage areas; 13. Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14. Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.142.[050] 040 and 18.142.050. (Ord. 89-06; Ord. 87-20) L18 142 060 Approval and Compliance for a Business Tax Certificate) (A. No business tax certificate will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. (Ord. 89-06; Ord. 87-20; Ord. 83-52)] L18.142.070 Time Limit and Revocation] [A. The Director may approve a home occupation application subject to a specific time period at the termination of which there shall be a renewal application to determine if all of the conditions and provisions of this chapter have been satisfied. The permit shall be renewed if all of the conditions have been satisfied.) [B.- The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the. original home occupation permit or the most recent renewal permit.] [C. Failure to pay tho annual renewal fee shall result in the assessment of an additional five dollar processing fee if paid within 30 days after the due date; or revocation of the home occupation permit if not paid within 30 days after the due date. (Ord. 89-06; Ord. 87-20; Ord. 83-52)] j18.142.080 Application Submission Requirements] [A. An application shall be made on forms provided by the Director and shall be accompanied by:] HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 i [1. One copy of the applicant's statement or narrative which explains how the proposal conforms to the standards in Section 18.142.050;] [2. A list of names and addresses of all persons who are property owners of record immediately abutting the site;] [3. The required fee;] [4. One plot plan of the property;] [5. One floor plan of all structures on the property;] [6. One title transfer instrument;] [7. One assessor's map;] [8. The application form; and] [9. Property owner's signature (s) or written authorization. (Ord. 89-06;-Ord. 87-20; Ord. 86-23; Ord. 83-52)] 18 142.090 Revocation and Expiration of Home Occupation Permits A. The Community Development Director may revoke a home occupation approval if the..conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. The process for revocation shall be as provided for in Section 18.142.120. B. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the sublect parcel will be considered. C. A home occupation permit shall become invalid if the applicant moves his or her residence. 18.142.-100 Action Regarding Complaints and Violation of Standards A. All home occupations are subject to review by the Tigard Community Development Director. B. Complaints: Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: 1. Generation of excessive traffic; 2. Exclusive use of on-street parking spaces: 7 r SOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 i f s t 3. Other offensive activities not compatible with a residential ~neighborhood. C. Review of Complaints: Complaints shall be reviewed by the Director. The Director shall either approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this Chapter. The operator of the home occupation may appeal the Director's decision to the Hearings Officer. D. Cessation of Home Occupation Pending Review: If it is determined by the Community Development Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. Violation of such an order shall be deemed a violation of this code and subject to penalties as described in Section 18.142.140. E. Notice of Appeal Hearing: Written notice of a hearing on an appeal of the Director's decision to either revoke or not revoke a home occupation permit, shall include its date, time and place and shall be given to the property owner (s) and the person(s) undertaking the use if other than the owner(s). Written notice shall also be given to property owners within 250 feet of the use and the• affected Neighborhood Planning Organization, and the complainant(s), if any. F. Hearings Officer Review: The Hearings Officer shall either approve the use as it exists, revoke the permit, or compel suitable restrictions and conditions to ensure compatibility with the neighborhood. i 18.142.110 Notice of Decision and Appeals A.. Written notice of the Hearings Officer's or Community Development Director's decision and associated findings shall be sent to the person(s) undertaking the activity, the property (if different than above), and persons participating in the above proceedings. B. The determination of the Community Development Director or Hearings Officer shall become final unless appealed. 18.142.120 Penalties A. Non-compliance with the orders of the Community Development Director or Hearings Officer, as referred above, is an infraction punishable by TMC Section 1.16.370. L 18.142.130 Business Tax Certificate Required HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 i A. No Business Certificate will be issued for a home occupation until: 1. The person wishing to engage in a Type I home occupation pays the one-time review fee and agrees to comply with the provisions of this chapter; or 2. The application for a Type II home occupation has been approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. 18.32.120 Notice of Decision by Director A.l.b.iv. Type II Home Occupations (Ch. 18.142.060.b.3.1 C. All owners of record of property immediately abutting a site subject to the following types of director's decisions: (i) Temporary Uses; [(ii) Home Occupations;] [(iii)] ii Flexible Setback Variances; [(iv)] iii Lot Line Adjustments, and [(v)] iv Administrative Variances \kelly\ch18142a MME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15 AGENDA ITEM NO. 2,: VISITOR'S AGENDA" DATE :""A01Z8%91"'" (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 & ADDRESS TOPIC STAFF CONTACTED Z44/ c/ - u2~ A Please sign in to testify on the following: AGENDA, ITEM NO., 4 DATE: V~ 16/28/91=:: PUBLIC HEARING-J.- ZONE CHPNGE:ANNMTION: 'SY ZCA 91-0015. JURNEY.. --MM ,48 ) PIZASE PRINT NAME & ADDRESS NAME & ADDRESS Proponents For annexation Opponents (Against annexation) i E e t t Please sign in to testify on the following: ~~.AGENDA.; ITEM NO_., :DATE:, / '~`POBLIC -,HEARING a " ZONING" ORDIMANC.&W=6 '4, ZOA 91-0002.---('HOME. OCCUPATIONS) PLEASE PRINT NME & ADDRESS NAME & ADDRESS Proponents (For Amendments) Opponents (Against Amendments) w i \ is RECEIVED ( OCT 2 3 1991 10935 SW Highland Drive Tigard, Oregon 97224 COMMUNITY OEVELO ENT October 23, 1991 C~ wXLA.5 Tigard City Council 04-'Uv 13125 SW Hall Blvd. to CJ Tigard, Oregon Re: Triad Development at Naeve Road and 109th. Dear Members of the Tigard City Council: Please enter the following written testimony into the records at your meeting of October 28, 1991. Apparently the Planning Commission has approved this project with certain modifications. As a citizen of Tigard and a resident of Summerfield, I am in favor of your approval of this project provided it conforms to the modifications recommended. It is also essential that the potential traffic problem be alleviated prior to the construction of the devel- opment. In other words the extension of 109th to Hwy. 99 should be completed as a prerequisite to the development. Unless this is required, the majority of the 3000 vehicle trips as calculated by the planning commission would funnel down through the narrow streets of this peaceful neighborhood of Summerfield. This route may be a logical path to local shopping and access to I 5, but it, would be inexcusable to destroy the quality of this environment for f such an expediency. I urge you to withhold your approval of this Triad development, until the traffic system is so designed and constructed that the residents of Summerfield will not be adversely affected now nor in the future. We ctfully submitted, Lyre G. Nicholson ,y;.l COUNCIL AGENDA ITEM NO. l M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Ronald D. Goodpaster, Chief of Police DATE: September 30, 1991 SUBJECT: Criminal Forfeiture Account In keeping with Tigard Municipal Code, the purpose of this memorandum is to advise you that we have received through narcotic investigation forfeitures $10,316.00 which has been deposited in our criminal forfeiture account. At this time, the only portion of that money that needs to be appropriated for expenditure is $457 to pay Lake Oswego legal expenses which they incurred during the forfeiture process. c: Wayne Lowry, Finance Director st: forfeit l 7 i S COUNCIL AGENDA ITEM C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1991 DATE SUBMITTED: _ 8/15/91 ISSUE/AGENDA TITLE: Initiation of PREVIOUS ACTION: None Vacation Proceedings fora porticrOl rETHIE Garden Park Place REPARED BY: Planning Staff DEPT HEAD OK' CITY ADMIN OK QUESTED BY: Applicant ISSUE BEFCOUNCIL Should the City Council initiate proceedings for the proposed vacation of a portion of SW Garden Park Place, calling for a formal review and setting a date for a public hearing? Resolution No. 85-30 states that Council will initiate vacations if the vacation appears to be in the public interest. The proposed vacation appears to be in the public interest at this time. STAFF RECOMMENDATION Staff recommends Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY - -lean Schumacher, petitioner, is requesting that City Council initiate a ~_iacation of a portion of the SW Garden Park Place right-of-way adjacent to property to which he is the vestee at the southeast corner of SW 110th Avenue and SW Garden Park Place. The applicant initially requested the vacation of an area of approximately 685 square feet in size (see attachment C). Upon initial staff review of this request, the City may be willing to vacate a larger portion of the public right-of-way (approximately 1,920 square feet, see attachment D). Appropriate agencies are being contacted for comments. If appropriate, the area proposed to be vacated will be converted to an easement to accommodate utilities as a condition of approval. - PROPOSED ALTERNATIVES 1. Adopt the attached resolution initiating vacation proceedings and calling for a public hearing on December 10, 1991. 2. Take no action at this time. 3. Require the applicant to circulate a petition. - FISCAL NOTES No fiscal impact. schu-vac.sum 1 F [F; V a 4~ COUNCIL AGENDA ITEM 3 y Q, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22. 1991 DATE SUBMITTED: October 10, 1991 ISSUE/AGENDA TITLE: LCRB - Authorize PREVIOUS ACTION: Purchase of Existing odular Offices. Unit 11114 PREPARED BY: Lore en Edi DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Loreen E din ISSUE BEF THE COUNCIL Shall City Staff be authorized to purchase the existing modular office unit located on the City Hall site? STAFF RECOMMENDATION LCRB move to authorize staff to purchase the existing modular unit. INFORMATION SUMMARY The City leased a modular office unit in 1988. It was anticipated that this office space would be needed for no more than 2 years at the city Hall site. Since the space continues to be necessary, it would be most cost effective to purchase the unit rather than continuing lease payments. C The existing unit is available for $20,621. This reflects a 60% credit of all lease payments made by the City. A similar unit would cost approximately $46,000, new. The City's purchasing rules require Local Contract Review Board (LCRB) approval prior to purchase. PROPOSED ALTERNATIVES 1. Authorize staff to purchase the unit for $20,621 2. Continue leasing the unit at $975 per month. 3. Give further direction. FISCAL NOTES 1. Budgeted funds are available. 2. Unknown .V.I le/ms/relocate j NW ~y{ i 4 COUNCIL AGENDA ITEM 3. b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22. 1991 DATE SUB14ITTED: October 10, 1991 ISSUE/'AGENDA TITLE: LCRB Authorize, PREVIOUS ACTION: Advertisement For Bids For TEI Bu' in Remodel PREPARED BY: Loreen Edin --n-------- Edi DEPT HEAD OK CITY ADMIN OK --REQUESTED -BY:---Loreen-- ISSUE BEFOR THE COUNCIL Shall City Staff be authorized to advertise for bids for the remodel of the TEI Building? STAFF RECOMMENDATION LCRB move to authorize City Staff to advertise for bids for the TEI Remodel. INFORMATION SUMMARY The City purchased the TEI property on the corner of Hall and Burnham this year. Per the direction of the City Council, staff plans to do tenant remodeling of the existing office space within the building as well as site improvements. Remodel construction plans are currently being prepared. Staff proposes to advertise for construction bids as soon as drawings are complete. The City's purchasing rules require Local Contract Review Board (LCRB) approval prior to advertising for bids. After bids are received, the LCRB review will again be required to award the contract. PROPOSED ALTERNATIVES 1. Authorize staff to advertise for bids. 2. Give further direction to staff. FISCAL NOTES 1. There are some budgeted funds available, however, additional budget appropriations will be needed. These will be presented to the council prior to bid award. 2. Unknown le/ms/relocate Qr t 1 S. .r/ COUNCIL AGENDA ITEM 3 y CCITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF : _ October 22. ],991 DATE SUBMITTED : ISSUE/AGENDA TITLE: PREVIOUS ACTION: STREET SWEEPING CONTRACT PREPARED BY: K. KAATZ DEPT HEAD OK" CITY ADMIN OK~ REQUESTED BY: BOB WHITE ISSUE BEF RE THE COUNCIL To accept or reject bids for Contractual Street Sweeping services. STAFF RECOMMENDATION Accept bid submitted by Mid State Industrial Services for 6 street sweeps per year. INFORMATION SUMMARY Funds were approved in the 91-92 budget for Contractual Sweeping. By contracting sweeping we gain approximately 25 days of mechanic/shop time for maintenance/repair of other vehicles/equipment and gain 1,000 plus zanhours in the Street department for other projects such as patching, painting, crack sealing and sign maintenance. PROPOSED ALTERNATIVES 1. Continue as currently operating. 2. Increase Street department full time employment by one to facilitate sweeping program and supplement other Street maintenance projects. 3. Rebid. FISCAL NOTES $55,000 was budgeted in the 1991-92 budget. BID SUMMARY r Three bid packets were requested and distributed to Coast Sweeping, Mid-State Industrial and Ben-Ko-Matic. Mid-State was the only company to submit a bid. Their bid is as follows: 1. $65,331.00 for 12 sweeps per year and $70.00 per hour for auxiliary sweeping requests. ' 2. $40,040.00 for 6 sweeps per year and $70.00 per hour for auxiliary sweeping requests. t 4 t a MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Cliff Scott DATE: October 14, 1991 SUBJECT: Street Sweeping As part of the Watershed Management Plan, that was submitted to and approved by DEQ, we are required to sweep our streets six times per year. We have been unable to complete the required amount of sweeps, due to equipment down time and manpower requirements for other projects. To sweep six times a year, our labor and equipment cost is about $37,600.00, with equipment depreciation added our cost would be about $51,900 per year. By contracting, we assure six sweeps per year. We also make available 1000 plus staff hours available to perform other street division responsibilities (patching, crack sealing, and sign maintenance) and about 400 hours of mechanic time to maintain other equipment. We can also avoid the necessity of purchasing new sweeping equipment at the cost of approximately $100,000.00 in 1994. kathy\sweep.mm z t t COUNCIL AGENDA ITEM 3~J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1991 DATE SUBMITTED: ISSUE/AGENDA TITLE: Desi nation of SW PREVIOUS ACTION: 109th Avenue extension as TIF-eli e 42 PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: -V- ZE ISSUE BEFOR THE COUNCIL Shall SW 109th Avenue extension between Naeve Street and Pacific Highway be added to the list of TIF-eligible facilities? STAFF RECOMMENDATION Approval of the attached resolution requesting Washington County to add 109th to the list of TIF-eligible facilities. INFORMATION SUMMARY The attached memorandum explains the background. PROPOSED ALTERNATIVES 1. Approve the attached resolution. 2. Allow 109th to remain an ineligible facility under the TIF program. FISCAL NOTES If 109th is added to the list of TIF-eligible facilities, traffic impact fee revenues could be used to make street improvements. rw/109-c MEMORANDUM t CITY OF TIGARD TO: Pat Reilly f _ August 19, 1991 FROM: Randy Woole~ SUBJECT: 109th Avenue/Rovalty Parkway connection On August 13th the Council approved an amendment to the Comprehensive Plan Transportation map. The amended plan calls for an extension of 109th Avenue to connect to Pacific Highway at Royalty Parkway. I am proposing that a portion of this new road be made TIF-eligible. During the NPO discussions there was concern that the portion of the new road between Naeve Street and Pacific Highway be constructed prior to occupancy of any new developments north of Naeve Street. This sentiment was also heard at the hearing. Usually, the new street would be constructed as the adjoining properties are developed. However, it is unlikely that the parcels south of ?Naeve -will be developed prior to development of the properties north of Naeve. Also, the properties south of Naeve are rather small in relation to the proposed road improvement and it may not be appropriate to expect. these parcels to bear the full cost of the new road. Therefore, it is likely that some source of citywide funds will be needed to complete the new road connection to Rovaltv Parkwav. A major source of citywide funds for street improvements is the Traffic Impact Fee (TIF). When the time comes to review funding for the new street connection, it would be helpful to have TIF as one of the potential funding sources. Only certain streets are eligible for TIF projects. Usually, minor collectors are not TIF- eligible. However, I feel that the portion of the 109th/Rovalty connection between Naeve and Pacific Highway meets the criteria for TIF eligibility. The purpose of the new connection is not solely to provide access to the area; access is already provided by Naeve Street. Instead, the purpose of the new connection is primarily to protect the existing arterial street (Pacific Highway) and adjoining neighborhoods from the impacts of traffic from new developments. Therefore, it seems reasonable to use traffic impact fees to help to construct the new road. In order for the new connection to be TIF-eligible, it must be added to the County's list of TIF-eligible roadways. The County ordinance provides for the list of eligible collector streets to be modified in response to a Comprehensive Plan amendment. From my discussions with County staff, it appears that only a request from the City is needed to initiate a change. I; l i i Therefore, I recommend that the City formally request that the portion of the new 109th/Royalty connection between Naeve and Pacific Highway be added to the list of TIF-eligible collector streets. If there is support for this recommendation, I will prepare the necessary documents for formal Council action. rw/TIF-109 j 1 C' l COUNCIL AGENDA ITEM II CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1991 DATE SUBMITTED: ISSUE/AGENDA TITLE: Streets CIP for PREVIOUS ACTION: FY 1991-92 PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK / REQUESTED BY: ISSUE BEF THE COUNCIL 3pprovaI of the Streets Capital Impr vement Program for FY 1991-92. - STAFF RECOMMENDATION Approval of the recommendations of the Transportation Advisory Committee. INFORMATION SUMMARY At the regular meeting of October 10, 1991, the Transportation Advisory Committee voted unanimously to recommend the following projects for the Streets Capital Improvement Program for Fiscal Year 1991-92: Committed projects $550,000 Major pavement maintenance 164,585 Bonita/Hall traffic signal 105,000 SW 109th Ave. extension 300,000 Contingency 219,248 Total $1,338,833 The total sum of $1,338,833 is included in the adopted FY 1991-92 budget but is not assigned to specific projects. Council approval is needed to utilize the funds on specific projects. Additional detail is shown on the attached report. - PROPOSED ALTERNATIVES 1. Approve the Streets CIP as recommended by the Transportation Advisory Committee. " 2. Revise the recommendations. 3. Refer back to the Committee for further review. FISCAL NOTES rw%cip-c q STREETS CAPITAL IMPROVEMENT PROGRAM RECOMMENDATIONS: The budget for the current fiscal year provides funding for Streets CIP projects from the following sources: State Gas Tax $481,707 Citv SDC funds 17,878 TIF 839,248 Total $1,338,833 State Gas Tax funds can be used on anv road maintenance or construction project. City system development changes (SDC) funds were collected prior to the start of the countywide traffic impact fee (TIF) program. SDC funds are limited to improvements of collector and arterial streets. TIF funds are limited to specific facilities listed in the county ordinance. The Transportation Advisory Committee discussed project priorities in considerable detail at its meeting of October 10th and voted unanimously to recommend project funding as shown on the attached sheet. Allocation of TIF funding is subject to approval under the countywide TIF process; no problems are anticipated in gaining that approval for the proposed program. The Committed Projects are those projects designated in prior years but not vet completed at the start of the current fiscal year. The funding shown for the Committed Projects is only the funds needed for the project in the current fiscal year in order to complete the project. Funds expended in previous fiscal years are not shown. The major maintenance projects include the pavement overlays and similar pavement preservation programs. Specific projects for the current fiscal year are itemized in the footnote on the attached page. Installation of a traffic signal at the intersection of Hall Boulevard and Bonita Road is proposed. This intersection previously rated high on the Committee's list based on traffic volumes and accident experience. Proposed construction next summer on Durham Road east of Hall is expected to temporarily increase the traffic on Bonita. If funding is approved now, we will strive to have the Bonita/Hall signal installed by next summer. The proposed funding for the 109th Extension is proposed to begin the design and right-of-way acquisition for the new extension of SW 109th between Naeve Street and Pacific Highway. The proposed funding is not adequate to complete the construction. We are currently discussing with Triad potential ways to provide the remaining funding for construction concurrent with their proposed development. F ( Finally, the Committee has recommended retaining a contingency in the TIF funding. This is primarily due to the uncertainty of TIF revenues this year. Because building permit activity is currently slower than last year, total TIF revenues may be lower than the budget forecast. Therefore, the Committee felt it prudent not to commit the full budget of $839,248 to projects until actual TIF revenues are better known later in the fiscal year. rw/cip-r R li i ~ d i 4 1 October 10, 1991 SUGGESTED BUDGET Project Gas Tax SDC TIF Committed projects: Major pavement maint. 14,000 Durham/92nd signal 10,000 Bonita/72nd signal 105,000 Upper Boones railroad zing 10,000 Sattler St. reconstruction 65,000 97th Ave, bikewavs 11,000 Darthmouth St. 105,000 30,000 72nd/99w design and r/w 75,000 R/w for Ross and Cascade 32,122 17,878 75,000 New projects: Major maintenanceA 164,585 Bonita/Hall signal 70,000 35,000 109th extension 300,000 Contingency 219,248 Totals 481,707 17,878 839,248 AProposed maior maintenance projects: 72nd overlay (Bonita to Varns) Durham Rd. overlay (Upper Boones to end) Katherine St. overlay (121st to school entrance) Slurry seal. on local streets in 29 locations rw/cip2 COUNCIL AGENDA ITEM NO. 4) CITY OF TIGARD, OREGON qw. COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1991 DATE SUBMITTED: 10/8/91 ISSUE/AGENDA TITLE: Jurne Annex. PREVIOUS ACTION: None ZCA 91-0015 Zone Chancre Annexat' n PREPARED BY: Victor Adonri DEPT HEAD OK CITY ADMIN OK QUESTED BY: Ed Murphy _ v ISSUE BEFORE THE COUNCIL Should the City Council forward a request for annexation of a parcel consisting ' of approximately 1.40 acre located at 7607 S.W. Landau Street to the Portland Metropolitan Area Local Government Boundary Commission? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign plan and zone designation to the property in conformance with the Comprehensive Plan. INFORMATION SUMMARY This annexation request consists of a parcel totaling 1.40 acre that is contiguous to the City of Tigard on Landau Street. The owners of the property request annexation in order to obtain sanitary sewer service. Attached is a resolution to forward the annexation request as well as an ordinance to change ;Y :he zone designation from Washington County R-5 to City of Tigard R-4.5 in conformance with the City's Urban Planning Area Agreement with Washington County. There was no response from the neighborhood. Also attached is a vicinity map and staff report. PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign plan and zone designations to the property in conformance with the Comprehensive Plan. 3. Deny the proposal. FISCAL NOTES The Applicant will pay the Boundary Commission fee of $140 for annexation. The current tax assessment is $71,160. C r+ STAFF REPORT October 22, 1991 TIGARD CITY COUNCIL TIGARD TOWN BALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 91-15 REQUEST: To annex one parcel consisting of 1.40 acre of unincorporated Washington county into the City of Tigard, and for a zone change from Washington County R-5 (Residential, 5 units per acre) to City of Tigard R-4.5 (Residential, 4.5 units per acre). COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 5 units per acre. ZONING DESIGNATION: Washington County R-5 (Residential, 5 units per acre). APPLICANT: Craig P. Jurney 60 Central Avenue #6 San Francisco, Calif. 94117 OWNERS: Margaret and Craig Jurney 60 Central Avenue #6 San Francisco, Calif. 94117 LOCATION: 7607 S.W. Landau Street, WCTM 1S1 25CD, tax lot 4000. 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Property to the north of the site is in the City of Tigard and is developed as a single family residential lot. All other properties to the north are vacant single family zoned lots. Properties to the ZCA 91-15 Staff Report 1 Y } l east are zoned R-4.5 (Residential, 4,5 units per acre) and developed as single family residential homes in the City of Tigard. Properties to the west are single family lots in Washington County. Properties to the south are zoned Washington County R-5 (Residential, 5 units per acre). 4. Site Information and Proposal Description The property to be annexed has one single family residence with the remainder of the property undeveloped. The property is largely open with grass and a few trees scattered throughout the property. The applicant requested that this parcel be annexed into the City of Tigard in order to connect to sanitary sewer line. There is an existing sewer lateral at the edge of the easterly portion of the property. 5. Agency and NPO Comments Portland General Electric, Tigard Water District, Tigard School District 23J, Tigard Police Department, Tigard Engineering Department, Tigard Fire District, Northwest Natural Gas, US West Communications, Washington County Land Use and Transportation, and the Tigard Building Division have reviewed the proposal and offer no objections or comments. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.3.1, Established Areas; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning organization as well as surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. Plan Policy 6.3.1 is satisfied because the annexation will be designated as an established area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Island Urban Services Study which includes the subject property. This study as well as the comments from the Police Department, and other service providers indicate that 2CA 91-15 Staff Report *p1351Xservice 2 k. 4 adequate services are available in the vicinity and may be extended /l to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because the annexation will improve an irregular boundary by squaring off a portion of that area, the Police Department has been notified of this request, the land is located within Tigard's Area Of Interest, and adequate service capacities can be made available to accommodate the eventual development of the property as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the property has been determined to be an established area in accordance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's area of interest, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the properties are designated in Washington County for single family residential use with a minimum lot size of 7,000 square feet and a maximum density of 5 units per acre. The City of Tigard Low Density Residential plan designation and R-4.5 zone with a minimum lot size requirement of 7,500 square feet and maximum density of 4.5 units per acre are the most comparable to the present County designation. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for an established area and shall be designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 91-15. PREPARED BY: 1 Victor Adonri, Development Assistant Planner ZCA 91-15 Staff Report 3 s t }'Z COUNCIL AGENDA ITEM NO. Jr I r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22. 1991 DATE SUBMITTED: October 9, 1991 ISSUE/AGENDA TITLE: Home Occ. Amend. PREVIOUS ACTION: Planning Commission recommendation om September 23. 1991 Public Hearin ' PREPARED BY: Dick Bewersdorff DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy ISSUE MORE THE COUNCIL Should the City make revisions to the Home Occupation provisions of the Community Development Code? - STAFF RECOMMENDATION It is recommended that the Development Code Chapter 18.142 be amended to create Type I and Type II Home Occupations with revised review criteria and standards. INFORMATION SUMMARY The Planning Commission, NPO's and City staff have spent part of the last several months studying the Home Occupation permit process. The attached ordinance reflects revisions due to that study. It is an attempt to simplify the process for both the public and City administration. In essence, the process for the type of home occupations which the City now allows would be a simplified over-the- a(dition, nter review. These would be called "Type I" Home Occupations and would be ied with no notice to surounding propety owners and no yearly renewals. In a new type of home occupation would be created which would allow up to six customers, one employee and one sign. This "Type II" Home Occupation would require notice to property owners within 250 feet of the property on which home occupation is proposed. PROPOSED ALTERNATIVES 1. Approve the changes as recommended by the Planning Commission by adopting the attached ordinance. 2. Modify or add to the proposed changes. 3. Retain the existing code provisions. FISCAL NOTES The amendments would eliminate the need for renewal of Home Occupations. This would reduce revenue approximately $750 yearly based on average number of renewals (75 per year @ $10 each). a; MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilk3,1 FROM: Ed Murph DATE: October 91 SUBJECT: Proposed Amendments to Development Code Ch. 18.142 pertaining to Home Occupations OVERVIEW Summary: The Planning Commission, NPO's and City staff have spent part of the last several months studying the Home Occupation permit process. The attached ordinance reflects that study. It is an attempt to simplify the process for both the public and City administration. The revised ordinance provisions also create new standards and flexibility for home occupations by creating different review processes and standards for two distinct types of Home Occupations the Type I and the Type II. Policy Implications: Should the City allow Home Occupations exhibiting no evidence of a business to be permitted with minimal review (Type I) and establish new criteria and standards for Type II Home Occupations where there is external evidence of a business (sign, customers and employee). Financial Impact: This would eliminate the need for renewal of Type I Home Occupations (approximately 75 a year at $10 each or $750 a year in fees). Recommendation: It is recommended that the Development Code be amended to create Type I and Type II Home Occupations. ANALYSIS Background The City had received some complaints regarding existing home occupation requirements relative to the limitation of some home uses and the complexity of the process. City staff initiated the proposed changes because of the public comments and its experience with code provisions in other jurisdictions. City staff has been concerned that the existing process for many home uses is too time consuming and unnecessary especially in terms of the revenue produced to time spent. Individual members of the public are in some instances inconvenienced by the existing process without significant benefit to the general public. Many communities including Gresham and Albany, among others, have more permissive home occupation provisions than Tigard. Staff developed the attached home occupation revisions. The provisions are the result of the review of the NPO's and the Planning Commission. Summary of the Proposed Chanaes_ The purpose section of the Home Occupation requirements (18.142.010) has been substantially shortened and indicates that home occupations are to permit small scale business ventures in the home and that the standards are to ensure there is no disruption to neighboring properties. The applicability/exemption section (18.142.020) adds exemptions for profit production of produce grown on the premises, hobbies which do not result in payment to those engaged in the activity and for non conforming home occupations established prior to annexation and prior to 1983. Section 18.142.030 establishes new guidelines for the consideration of home occupations that would be considered non conforming. Section 18.142.040 establishes criteria and standards for all home occupations relating to effect beyond the property line, maximum square footage, toxic and flammable materials, uses not allowed and limits on external storage of vehicles. Section 18.142.050 defines Type I and Type II Home Occupations. Type I Home Occupations basically exhibit no external evidence of a business while Type II's may indicate external evidence such as a sign, 6 clients, external storage behind a fence and one employee. Section 18.142.060 establishes permit procedures. In effect, Type I's would require only an initial review and no renewal. This is a simple over-the-counter administrative review. Type II's would require notice to property owners within 250 feet with the decision final after a period of 20 days to allow time for NPO appeal. Appeal fees are suggested to be reduced to 60% of the standard appeal fee of $235. Submission requirements for a Type II Home Occupation are established in Section 18.142.070. Section 18.142.080 establishes modified conditions that may be applied to Type II's. Section 18.142.090 provides a basis for revoking a home occupation should conditions of approval not be followed or if the use is being conducted contrary to the requirements of the Chapter. S, A complaint process is established in Section 18.142.100 while f r 18.142.110 provides requirements for appeal of a decision on a l complaint. Section 18.142.120 refers to penalties as an infraction of the Tigard Municipal Code. Section 18.142.130 coordinates the Home Occupation permit with the Business Tax Certificate. Section 18.32.120 is changed to delete home occupation decisions from notices to adjacent property owners since 18.142.060 requires greater notice (to 250 feet). Alternatives o Change the Development Code as proposed o Add changes or modify the proposed changes (for instance deletion of Type II home occupations) o Retain the existing code provisions Conclusion The proposed changes will simplify and improve the process for the public and staff administration as well as provided more flexibility for certain types of home occupations. i s s R ( ERATA EXHIBIT "A" HOME OCCUPATIONS 18.142.060 Permit Procedures for Type I and Type -,II Home Occupations A. Tempe I and II Home Occupations: A person wishing to engage in a Type I and Type II home occupation must be a principal occupant of the property, pay a one-time review fee to the City, agree to abide by the provisions of this chapter, and acquire an annual Business Tax Certificate B. Additional Permit Procedures for Type II Home Occupations: A person wishing to engage in a Type TI home occupation is required to have a pre-application conference with City staff in accordance with TDC Section 18.32.040 and is also required to submit an application and a fee. t. i i i ,d cr~~ Ha C~VEf ~4C.ll: ~JP C.J-EXISTING ]~OME OCCUl'ATION to abutting . Notice owner ~ • No customers No employees • No sign Annual Renewal PROPOSED TYPE I HOME OCCUPATION • No notice to abutting owners ~ No customers • No employees No sign • NO Annual Renewal k i PROPOSED TYPE II ~ HOME OCCUPATION' Notice to property owners within 250 feet and NPO • Decision by Community Development Director • Appealable to the Hearings Officer • Up to six customers/day • One employee • One sign (1.5 sq. ft.) • Screened external storage • NO Annual Renewal c i