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City Council Packet - 11/19/1991 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 (8:30 PM) 1. BUSINESS MEETING (7:30 PM) 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 (rwo 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: October 7, 8, 14, 15, 28, 1991 4. PUBLIC HEARING - SOLID WASTE ORDINANCE AMENDMENTS • Public Hearing was closed; Council consideration continued from October 8, 1991 Meeting • Staff Update: Administrative Services Manager • Council Questions or Comments • Consideration by Council: Ordinance No. Resolution No. 91-_ COUNCIL AGENDA - NOVEMBER 19, 1991 - PAGE 1 5. ZONE CHANGE ANNEXATION ZCA 91-0017 SHRAUGER (NPO #7) A request to annex one parcel consisting of 0.70 acres to the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units per acre). The R-4.5 zoning allows single family residential homes, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, i temporary use, residential fuel tanks, and accessory structures. LOCATION: 13030 SW Walnut Street (01CTM 2S1 4AC, tax lot 1800) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 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 7 - 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-_; Ordinance No. 91-- 6. COMPREHENSIVE PLAN AMENDMENT CPA 91-0004 ZONE CHANGE ZON 91-0007 T _ MICHAEL AND ASSOCIATES, LTD. (NPO #2) A request for a Comprehensive Plan Amendment and Zone Change approval to allow change of a developed 1.11 acre site from Light Industrial to General Commercial and subsequent Zone Change from I-P (Industrial Park) to C-G (General Commercial). ZONE: I-P (Industrial Park) LOCATION: Northeast corner of SW Scholls Ferry Road, Cascade Boulevard, and Highway 217, 9730 SW Cascade Boulevard (WCTM 1S1 27DD, tax lot 100) APPLICABLE APPROVAL CRITERIA: Community Development Code sections 18.22.040, 18.62; Comprehensive Plan Policies 4.2.1, 5.1.4, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3, 12.2.1; Statewide Planning Goals 9 & 12. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: - NPO 2 - Proponents (Speaking for Amendment) - Opponents (Speaking Against Amendment) - Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Ordinance No. 91 j COUNCIL AGENDA - NOVEMBER 19, 1991 PAGE 2 I f V 7. ORDINANCE CONSIDERATION - ADOPTION OF UNIFIED SEWERAGE AGENCY { REGULATIONS FOR SEWERS AND SURFACE WATER MANAGEMENT • Staff Report: City Engineer • Consideration by Council 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT coal 119.91 i 1 COUNCIL AGENDA - NOVEMBER 19, 1991 - PAGE 3 Council Agenda Item 3,1 T I G A R D C I T Y C O U N C T_ L MEETING MINUTES - NOVEMBER 13, 1991 • Meeting was called to order at 6:30 p.m. by Mayor Edwards. 1. Roll Call Council Present: Mayor Jerry Edwards; Councilors Valerie Johnson, Joe Kasten, Jack Schwab, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Jim Coleman, Legal Counsel; Senior Planner; Loreen Edin, Administrative Services/Risk Manager; Liz Newton, Community Relations Coordinator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. i STUDY SESSION Request for Waiver of Appeal Fee Mr. and Mrs. Lewis Parsons have appealed the Director's Decision with regard to Case No. MLP 91-0011. Mr. Parsons, within this appeal, requested the appeal fee of $235 be waived. After review of the request, Council advised they would not waive the fee. Fee waivers would be considered for non-profit organizations or unusual circumstances. Oregon Department of Transportation The City Administrator referred to a brochure recently distributed by ODOT. It appears that the role of the Transportation Department may be shifting from primarily streets and highways into broader areas of transportation planning. Joint School Board and City Council Meeting Council agreed to meet with the Tigard-Tualatin School District. The meeting will be hosted by the School District at their administrative building on January 23, 1992, 6:30 p.m. Board and Committee Meetings After brief discussion with the City Administrator, Council consensus was to begin scheduling meetings with the boards and committees for a joint Council meeting after the first of the year, and to communicate the elimination of Council liaisons. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 1 I Agenda Review There was lengthy Council discussion and review of Agenda Item No. 4, Solid Waste Ordinance Amendments. Visitors attending the Study Session included: Lee Kell, hauler's legal counsel; Gerry McReynolds, Solid Waste Advisory Committee Chair; Tom Miller, Miller's Sanitary service; Mike Leichner, Pride Disposal Services, and Dale Schleuter, Compactors, Inc. Topics of discussion included: • City Administrator advised that the public hearing was closed on October 8, 1991, but it was Council's prerogative to reopen. • City Administrator noted if it was mandated in the ordinance that the haulers' bill property owners for delinquent accounts, then this would likely be applied to the tax limitation cap under Ballot Measure 5 specifications. If this was not included in the ordinance, the haulers would still have the option to bill the owners as a regular business practice. • Councilor Johnson asked for clarification on several items contained in Section 11.04.105. She questioned the advisability of the compactor inspection provisions. Safety and compatibility with haulers' equipment with the compactors were the primary reasons for this section of the ordinance. There was lengthy discussion on process for council review of this ordinance after which the following points were generally agreed to: - Delete Section 11.04.105 B. 2. d. (schedule of operation) - Change wording of Section 11.04.105 C. 4. to read: "Adequate opportunity for recycling has been provided and the area where the franchisee collects separated recyclable materials is at central locations accessible to the franchisee's hauling equipment;" - Section 11.04.105 D. - Conditions of Approval; Revocation This section to be left as proposed. - Section 11.04.105 J. - Reimbursement for Fines This section is to be left as proposed. Pick up for compactors are single-unit hauls. Any environmental or weight violations could be attributed to a specific container; therefore, the permittee should be responsible. C CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 2 t t i - Section 11.04.105 N. - Compactor Rule Adoption section to be modified to delete the requirement for annual notification and inspection of compactors. Instead, this will be a one-time permit process. In addition, no certificate of insurance will be required; the responsibility for this is the owner's. BUSINESS MEETING 2. Visitor's Agenda Mr. Dan Dickey and Mr. Curt Struck of the Tigard American Legion Post offered to donate a pole and flag for Liberty Park. They would like to have the flag and pole installed by December 7, 1991. Council consensus was to proceed and asked the Legionnaires to contact staff. 3. Consent Agenda: Motion by Councilor Johnson, seconded by Councilor Kasten, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: October 7, 8, 14, 15, 28, 1991 The motion was approved by a unanimous vote of Council present. 4. Public Hearing - Solid Waste Ordinance Amendments • Public Hearing was closed; Council consideration continued from the October 8, 1991, meeting. Administrative Services/Risk Manager Loreen Edin reviewed seven policy issues before City Council. After extensive discussion and questions for clarification, council conclusions were reached as follows: Policy Issue No. 1: Generator Hauling Own Waste Council Comments: Councilor Schwartz - noted he did not think 10,000 GVW would be adequate for contractors to haul their own waste. He also advised that since one business owner has invested in a truck to haul garbage, he should be allowed to continue for at least a specified period of time to recoup costs. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 3 r R i Councilor Johnson - advised she agreed with Council Schwartz' comments, but would go a step further in that she would not want to limit vehicle size if a person is hauling their own waste (subject to laws for health and safety). She noted this practice has been allowed up to now without great numbers of people electing to haul their own solid waste. Mayor Edwards - expressed his concerns in light of new legislation (Senate Bill 66). Increasing regulations make it less likely that people will be able to continue to haul their own garbage; thus, he would not like to see this practice encouraged. Mayor advised he concurred with Councilors Schwartz and Johnson in that 10,000 GVW may not be the correct size, but was not in favor of eliminating a size limit entirely. Councilor Schwab - advised that he was comfortable with the 10,000 GVW limit. This limit would allow an individual homeowner to haul their own household solid waste or even a small business owner could also opt to dispose of their own garbage. He referred to his concerns over proper securing of garbage so that the roadside was not littered with debris from numerous individual haulers. He agreed with a grandfather and sunset clause to allow the current private hauler to amortize and recover his costs. Councilor Kasten - said he was undecided on the weight limit, but agreed that there should be a limit. He agreed with the grandfather clause as referred to by the other Council members. He suggested that the length of the franchise term be used as a basis for determining the sunset provisions for the private owner/hauler. (Note: During discussion on Construction Site Hauling,' Council consensus was that the 10,000 GVW would be adequate, given the consensus that contractors would be exempted from the 10,000 GVW.) Majority Consensus: Limit vehicle size to haul solid waste to 10,000 GVW. Current businesses hauling their own solid waste in vehicles over 10,000 GVW will be permitted to continue through grandfather/sunset clause. Sunset provisions to be linked to the length of the franchise haulers' term; a specific time period will be recommended by staff on December 17. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 4 Policy Issue No 2: Construction Site Hauling Council comments: Councilor Schwab - advised that from earlier testimony, he was not clear as to how big a part of the haulers' business construction site hauling would be. He advised he agreed with staff's recommendation to delete the present exemption for contractors and allow them to haul their own waste in vehicles under the 10,000 GVW limit. This would still allow, for example, the electrical contractor to haul away his own construction waste. In addition, third party contractors could still haul source separated recyclables. Non-separated material would be left to the franchise haulers. Councilor Johnson - said she agreed with the Homebuilders' Association to allow conditions to remain as they currently are. She supported the Association's proposed clarification wording: Tigard Code 11.04.040 (D) (7) ...Nothing in this section shall.... "Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction, ore remodeling of a building or structure or in connection with land clearing and development. Such waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees." Councilor Johnson advised her rationale in supporting the above statement was that specialized waste hauling, where a contractor is in the business of sorting out reclyclables and then hauling the residue that is mixed waste may, in fact, be a very healthy thing to stimulate recycling. She said she had no problem, as a public policy, to allow a professional contractor clean up construction sites. Councilor Schwartz - advised that the problem was, essentially, two interests competing for profit on construction site debris. He said he had not been convinced that this has been a problem in the past but understood the franchise haulers' concerns. On the other side of the issue, he said he struggled with the idea of possibly putting people out of a job or business in order to transfer those profits over to an existing company. If it had been shown that there was a problem, or if this had not been handled properly in the past, then he would be inclined to transfer this responsibility exclusively over to the haulers. NOVEMBER CITY COUNCIL MEETING MINUTES - 19, 1991 - PAGE 5 E. Mayor Edwards - agreed with Councilor Schwartz in that there ( have been no serious problems in the past. He referred to recycling efforts that have, in fact, worked very well. Councilor Kasten - advised that he, too, agreed with proposed Association language. To provide otherwise, would infringe on the contractor's ability to do the job in a most cost- effective fashion. Majority Consensus: Councilor Schwab advised he disagreed with the other four Council members as stated above. The majority consensus was to: Keep the exemption for contractors and allow them to haul their own waste as stated in the language submitted by the Homebuilders' Association. Policy Issue No. 3: Franchise Term Council comments: Councilor Johnson - advised that the term must be fair to the haulers because of their investment, but something less than 10 years would probably be reasonable. Mayor Edwards - noted that in the review of the issue he also questioned the 10-year term as well as the automatic renewal provisions. Councilor Kasten - summarized the issue from his perspective into three questions: 1. Should there be a franchise term? Councilor Kasten said he thought the answer was "yes" for the haulers must know what to expect as does the City. 2. Should there be automatic renewal? He advised he had no problem with this provision because it provides continuity and makes sense in a contract of this type. 3. What should the length of the term be? Council Kasten said 10 years was ludicrous, particularly when combined with automatic renewal. He reflected that 5 years may be too long but, perhaps 3 years would be and acceptable number. Councilor Schwab - commented that he would like to see the franchise term reduced from 10 years; however, he did not think that anyone on Council had the expertise or knowledge of a financial analysis of this industry to make a determination t on the term length. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 6 a if Councilor Schwartz - agreed with Councilor Schwab's comments. Mayor Edwards - also agreed with Councilor Schwab and said it would be necessary for Council to know approximately the ' length of time for companies to recoup their investment for equipment. City Administrator Reilly advised that the Council would be reviewing financial information for rate setting purposes in January or February. After brief discussion for this policy issue: Council Consensus: No change at this time. Council will receive a financial analysis after the first of the year as part of the rate structure study. At that time, Council would have a better understanding of the collection industry upon which to base their decision of a reasonable franchise term. Council will revisit this issu6 after the study is received. There was Council discussion of the option of stopping the automatic renewal. The majority of Council advised that the r automatic renewal provision would remain at this time but ( would be reviewed along with the franchise term and rate- setting deliberations. In addition, the majority of Council concurred with the staff recommendation to add language to better define the existing ordinance amendment process. Policy Issue No. 4: Rate Setting Process After brief discussion, unanimous-.consensus was that language be added to allow for the use of financial reviews as a method of obtaining information for the rate setting process. Policy Issue No. 5: Haulers' Ability to Bill Owner After discussion, Council consensus was because of Measure 5 impact, it will not be mandated by ordinance that owners will be billed for delinquent accounts. Haulers could still bill owners as a regular business practice. i CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 7 t Policy Issue No. 6: Compactor Annual Inspection Council comments: Councilor Schwartz - advised that he thought it was a business owner's decision to install a compactor and, therefore, the owner should assume responsibility and liability for this piece of equipment. He said he was in favor of the staff's recommendation. Councilor Kasten - noted he agreed with Councilor Schwartz. Councilor Johnson - said she agreed with Councilors Schwartz and Kasten and added that she specifically would like to see the requirement that proof of public liability insurance be dropped from the provisions. Such a requirement would place the burden on the City to monitor that insurance is maintained instead of on the business owner. She also asked that Section 11.04.105 B.2.d.-- Schedule of Operation be deleted. Councilor Schwab - agreed with Councilor Johnson and recommended that staff revisit' Section 11.04.105 N. - Administrative Rules to reflect changes noted by Council in the provisions. He said he would like to see the liability insurance "up front" but, if the City was not going to follow up from year to year to make sure the insurance was still in 4 force, he agreed that the initial proof of insurance would not be useful. Mayor Edwards agreed with the other Council members' statements on this policy issue. Council consensus: Agreed to the one-time siting process; Section 11.04.105 N will be deleted requiring annual notification and inspection of compactors; no certificate of insurance will be required as this will be the owner's responsibility, Section 11.04.105 B. 2. d. - "schedule of operation" will be deleted. Policy Issue No. 7: Penalties After brief discussion, unanimous council consensus was: , Violation of this ordinance will be classified as a civil infraction. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 8 -I Legal Counsel Coleman asked for clarification on the grandfather term provisions for Policy Issue No. 1 above. After discussion, Council consensus was for Mr. Coleman to prepare a generic grandfather clause. People who wish to take advantage of the waste hauling provisions as now written, would be required to register with the City, identify the extent of the operation, and the vehicles involved. Council will consider enacting legislation reflecting the above decisions at their December 17, 1991, meeting. 5. Zone Chancre Annexation ZCA 91-0017 Shrauger (NPO #7) A request to annex one parcel consisting of 0.70 acres to the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units per acre). The R-4.5 zoning allows single family residential homes, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tanks, and accessory structures. LOCATION: 13030 SW Walnut Street (WCTM 2S1 4AC, tax lot 1800) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 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. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Dick Bewersdorff reviewed the staff report submitted to the Council in their meeting packet. Staff recommended to postpone action on the resolution and ordinance delaying the forwarding of the annexation to the Boundary Commission and also delaying the plan and zone change designation until this property can later be used as a part of a larger annexation area. The property owner has signed a nonremonstrance agreement with regard to future annexation and can hook up to sewer the proposed delay in annexation would not adversely affect them in their need for sewer service. d. Public Testimony: Mr. and Mrs. Shrauger were available and noted their support of the annexation request by signing in on the testimony log. They declined to address Council. e. Motion by Councilor Johnson, seconded by Councilor Kasten, to continue the public hearing to January 28, 1992. At that tine, staff will report on the status of the annexation possibilities in this vicinity. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 9 s a: I~ The motion was approved by a unanimous vote of Council present. 6. Comprehensive Plan Amendment CPA 91-0004 Zone Chanaae ZON 91-0007 T. Michael and Associates. LTD. (NPO #2) A request for a Comprehensive Plan Amendment and Zone Change approval to allow change of a developed 1.11 acre site from Light Industrial to General Commercial and subsequent Zone change from I-P (Industrial Park) to C-G (General Commercial). ZONE: I-P (Industrial Park) LOCATION: Northeast corner of SW Scholls Ferry Road, Cascade Boulevard, and Highway 217, 9730 SW Cascade Boulevard (WCTM 1S1 27DD, tax lot 100) APPLICABLE APPROVAL CRITERIA: Community Development Code sections 18.22.040, 18.62; Comprehensiv^ Plan Policies 4.2.1, 5.1.4, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3, 12.2.1; Statewide Planning Goals 9 & 12. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Bewersdorff reviewed the staff report as submitted to Council in their meeting packet. Staff recommended approval of the requested amendment. j. d. Public testimony: Mr. Steve Schell and Ms. Mary Dorman signed in on the testimony log and noted their support of the requested amendments. e. Public hearing was closed. f. ORDINANCE NO. 91-33 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY T. MICHAEL & ASSOCIATES (CPA 91- 0004, ZON 91-0007). g. Motion by Councilor Johnson, seconded by Council Kasten, to adopt Ordinance No. 91-33. The motion was approved by a unanimous vote of Council present. 7. Ordinance Consideration - Adoption of Unified Sewerac{e Agency (USA) Regulations for Sewers and Surface Water Management a. City Engineer reviewed the staff report submitted to council in their meeting packet. Approval of the proposed Ordinance would adopt USA regulations relating to sanitary and storm sewers. The ordinance does not change Tigard practices, as USA regulations are already j being enforced. CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 10 t .A J, b. ORDINANCE NO. 91-34 - AN ORDINANCE TO AMEND TITLES 10 AND 12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO SURFACE WATER MANAGEMENT. is C. Motion by Councilor Kasten, seconded by Councilor ?i Johnson, to adopt ordinance No. 91-34. The motion was approved by a unanimous vote of Council present. 8. Executive Session: Cancelled. 9. Adjournment: 9:34 p.m. Catherine Wheatley, C' y Recorder A e t• Ma or, Ci Tigard Date : l a l u/ I ccm1119.91 CITY COUNCIL MEETING MINUTES - NOVEMBER 19, 1991 - PAGE 11 S. 1 s i COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7097 BEAVERTON, OREGON 97075 Legal Notice Advertising • RECEIVED ? bwingmeedng"l ighli&$ are published for yoyr;lnfornna~ tion`Eu11` City of Tigard • 11 Tearsheet Notice`; inn s maybe obtained fzom the City Recoider, 13125 S W Mali` PO Box 23397 evard Jigarxl, Oregon 97223, orb callin (39-4171 NOV 2 0 1991 r g . • Tigard, OR 97223 ® ❑ Duplicate Affidavz~ C17Y OF ? iGARD CITY COi>r1CI BUSINESS MEETING a ==NOVEIVIBEI :19,1991 • TIGA tD CITY, HALIr. TQWN' L . 131255 W HALF BOIVARD, TIGARO; OREGON Sw6~ Ivteenng (Town Hall Conference R~m('30vI } + z 7; B,ti }ae s Meeting (Town Hal)) (7:307141:) AFFIDAVIT OF PUBLICATION Pike Hearings: STATE OF OREGON, ) °'Tigaird Municipal Code Amendrteqts 1o3So1id (Waste Provis)tY;s COUNTY OF WASHINGTON, )as- k (continued). I, Judith Koehler • Zone ChangeAnaexat<on=W 91001?Shra 7).` r being first duly sworn, depose and sa Wat I r~ the Advertising Comprehensive Ylan Aendment" CPA04; Zone Change Director, or his principal clerk, of the xl`~ izar~` 11tneS 7 ZON 91 0©07, TF Michael and Assbciat x"* t a newspaper of general circ ptionA s defined in ORS 193.010 F ` s• r ~ S 3 ~ i c>eal Cartract Review Board Meehn and 193.020; published at in the g' x a{ afor s id coup o st a that th~t►Uve Session r loo ice a~' ~i~y ~otOdil ~ilsiness Meeting a tT ~ fihe Tn Cu k ~g y 999 1#14►!f~•8o into Exec gave sssron and r a printed copy of which is hereto annexed, was published in the rPtovisignsof Ol; ~9`O"~d) (e~,~& (h) io discuss`.(2ebr One loons, real p"ORexsyt VAR. ;+actaoa~,4eurtePt aitdtpendulglWgadfin s entire issue of said newspaper for z~~ t Yx t r ; successive and consecutive in the following issues: November 14, 1991 Subscribed aysworn before me this 14th day of November, 1991. Notary Public for Oregon My Commissi AFFIDAVIT .mot i COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7088 BEAVERTON, OREGON 97075 PUBLIC HEARING Le j?fptice Advertising - r t R E C E ;The followuig *M .W considered by theMgs' d City Council on NWkM • • 13 Tearsheet Noticer 19, I991,:et 7 301? M , at Tigard:Civae: Center, T©wn Ha11=Room, City of Tigard p 1991 ; ""431255;W51 all Bivd. Tigarti,Oregon. Fiuther mfor"aaon may be ob- . PO Box 23397 tamed from the Community Development Director 4 CityRecorder an 13 wntten ® Duplicate Affidavits same;locatton;or b ealt~n 639-X1]7!' ybu are nested to submit 11-14 Tigard OR 97223 Cf he CIS`I YIGARO teswnbnyto advance of the public heanng, written slid oral`test:mgny • wil! lie colisstdered.tt the heatxt gftepubltc besting vtll+be~conr i>c lea ac7,1 Rfid. ulte b. 2 'Cteapter 1$ 32 of the'1'Igar~ Mamtbt at` . Code and any rules o procedure adopled 6yryt`~uncclAand~a leat° Hal! ; 7 l ^'dQ' f t^' ';9 i ~ FZ ~ '~„`l`~ fla~l~:t3l, ~ AFFIDAVIT OF PUBLICATION u iGi; A zcA 91MI7 STiHtAi ` A request{to annex~otse parcel cans>sang of Q 70 acres to City of STATE OF OREGON, ) Trgard'and w cbangee.zonef3om ~Yashington Count} R-6i(R identtal; s COUNTY OF WASHINGTON, )ss' 6`utuCs~ : ie) 911 4yaf M90d R~4.5 (ttesadeni I, .5 nni4s fer,' e) i e:' R-4 5,~onmgorv single fagttiy residenttoies;publl~C... uppo " I Judith Koehler i facfl~h`es`~rstcentral`treatment homes; wf~uig; matuifaturedopW* , being first duly sworn, depose and saY)fia dam,theeAdvertising Ufa tnily~da' ytcare hi*fi upaiion ttem se se $entuti ~u tar~CS;, niSreBE, Director, or his principal clerk, of fhe $ - anit~acC ssor GRtiuCiures, LOCAT)O 3L0%; a newspaper of general cirqutation as defined in ORS 193.010 i (V~jCTM~2S, _ , C; tai lot~18Q pAJ? `I W and 193.020; published at fxQard in the Corrtmuntt'y IS~;veloplnesz ~Co~e S ttQits 1$k 02% '04U r aforesaid county and s ate; th t,Q j8r32t3~1 t03t3;18" 3s $"18;18$802Qt~)'(Bj,Co_~frn"' Aib1•ic Hearin y~4 9~-0017 Shrauger t d0 stveFlan 1t~t ~F ~ 1 t } s °w~=y~.ti~s.:x. 'rye ~ ,k& ~v ",-a~'1. ?•j- ~ ~ a printed copy of which is hereto anneexe d, was published in the r successive andh entire issue of said newspaper fo i consecutive in the following issues:, A 1' sx~T November 7, 1991rnesd" ~bniprelicns plan t- - Me* t~niettt and ci ge ala n'eodeye°~' '1 l,act` ~ters ' ci%a w~eal~Coinm i. L v* r - ' IUI~f~Nartheas~`ori~er of~SraSc srry 6 f ar}d High vaY~ z U AP Llip,Rt~~A~'~CRI=i7E~tIA,~~amih 1ot~~~ ,Y~'L~CAB t b f yc .e' ay , ~~men~Sechopp= 6Cpm ve Subscribed and sw n to before me this 7th day of November 1991. ~I 81' ta3e ' 1212 i ~ f run~gG 912.,, • ~ ~ 'Wit Notary Public for Oregon nTI70$$ `-Publish No '`a ' fs~ 4 My Commission Expir s: ~ •,~rl'~ ~ AFFIDAVIT - CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed rcd(r)CcoC lllos. ~t1-33 Ccl1~ cf-Sq 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 following public an conspi uous places, a copy of Ordinance Number(s) 4) - R 3 " ~I- which wire' adopted at the Council, Meeting dated /•f copy(s) of said ordinance(s) being hereto at ched and by reference made a part hereof, on the ols date of eV~~A1~Q1~ 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 1K jj A &A Subscribed and sworn to before me this QS~L date of , 19 91 OFFICIAL SEAL Notary ublic for Or gon M.10ANN HAYES NOTARYPUBLIC•OREGON My Commission Expires: l g 9 5 COMMISSION NO. 006513 y ti MY COMMISSION EXPIRES MAY 5, 1995 h:\1ogin\jo\cwpost i CITY OF TIGARD, OREGON ORDINANCE NO. 91-33 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY T. MICHAEL & ASSOCIATES. (CPA 91-0004, ZON 91-0007). WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Light Industrial to General Commercial, and a zone change from I-P to C- G; and WHEREAS, the Planning staff made recommendations of findings to the City of Tigard Planning, Commission at a public hearing on October 7, 1991; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on November 19, 1991, to review Planning staff and Planning Commission recommendations, as well as.public testimony. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached staff report, identified as Exhibit "A", and also the applicants report, identified as Exhibit "Al". SECTION 2: The City Council concurs with the Planning Commission and staff recommendations, and approves the request to redesignate the parcel illustrated on the attached map, identified as Exhibit "B", with a Comprehensive Plan designation of General Commercial (C-G). SECTION 3: 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 Ul r) Gtfl I vyic3 k t) vote of all Council members present after being read py number and title only, this J C9 day of AloVem hi'r , 19 91 . oww"t-, wea-/- L-er", Catheri Wheat-l-ey.,, Cit Recorder APPROVED: This l% ~1 day of 1991. Gera la t-. Edwards, Mayor Approved as to form: eA&:=~ t IqMl ty Attorney Date e br/CPA9109.Ord ORDINANCE No. 91- 3 3 Page 1 r EXHIBIT"A" STAFF REPORT TO THE PLANNING COMMISSION AGENDA ITEM OCTOBER 7, 1991 TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 91-0004 / Zone Change ZON 91-0007 REQUEST: A request for approval of a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). ZONING DESIGNATION: I-P (Industrial Park) APPLICANT: T. Michael & Associates Ltd. OWNER: Same 9200 E. Mineral Avenue Englewood, CO 80112 REPRESENTATIVE: Black Helterline Law Offices Attn: Mr. Stark Ackerman 1200 The Bank of California Tower 707 SW Washington Street Portland, OR 97205 LOCATION: 9370 SW Cascade Boulevard. Northeast corner of SW Scholls Ferry Road, Cascade Boulevard at Highway 217 (WCTM 1S1 27DD, tax lot 100). 2. Vicinitv:Information The subject site is generally triangular in shape and abuts the Tigard city limits on its, east and west sides. The east side of the site is bordered by State Highway 217 and an existing on-ramp. Scholls Ferry Road (State Highway 210) borders the site on the west side. The southern portion of the site abuts SW Cascade Boulevard which functions as a frontage road to Highway 217. 3. Background Information The subject property was annexed into the City of Tigard in October 1985. The present building had been constructed prior to annexation and while under a Washington County industrial zoning designation (MA1). Upon annexation, this site was zoned I-P (Industrial Park). This site has since been primarily occupied by professional and administrative services and Times Publications. There have been no other development applications submitted for this site. 4. Site Information and Proposal Description The subject parcel is approximately 1.1 acres in size and is developed with a two-story, 23,550 square foot office building. The front entrance to both the building and the parking area are oriented to SW Cascade STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 1 NINE III Boulevard. The parking lot provides a total of 79 vehicle parking spaces (with three of those spaces being designated as disabled person parking spaces). The parking area is lighted and the balance of the site is landscaped. Access to the property is provided by a single driveway accessing onto SW Cascade Boulevard. 5. Agency and NPO Comments ii The Engineering Division has reviewed the proposal and offers the following comments: Traffic: €j In general, uses allowed in a C-G zone have the potential for { greater traffic generation than the uses allowed in an I-P zone. However, for this particular parcel, we do not find the potential for greater traffic to be a concern. There are several reasons for this conclusion. The site is already fully developed. There is little potential for expansion, unless the existing building and parking lot are replaced. Currently, the building is used as an office building. It is unlikely that the use of the upper portion of the building will change in the foreseeable future. Therefore, only a relatively small area is likely to be changed to uses that would generate greater traffic. The site is small and severely constrained by street and highway rights of way on all sides. There is no opportunity for expansion or combination with other properties. Even if the property were totally redeveloped, the potential traffic generation from the site would be relatively small in comparison to other commercial developments. Any substantial change in use for the site will require site development review (SDR). Under SDR, there would be an opportunity to review specific traffic demands of the proposed use and to require appropriate mitigation of any traffic impacts. Mitigation would likely include the widening of Cascade Blvd. to provide additional turn lanes at the site entrance and at the adjoining intersection of SW Cascade and SW Scholls ferry Road. Any widening of SW Cascade would tend to further restrict the development potential of the site. Therefore, the Engineering Division concludes that there are adequate restrictions in place to limit potential future traffic increases and adequate mitigation measures available to address potential future traffic increases that might occur as a result of the approval of this zone change. Utilities: The proposed zone change is not expected to change the service need for utilities in the area. Recommendation: The Engineering Department has no objection to the proposed Comprehensive Plan Amendment and Zone Change. STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 2 x Neighborhood Planning organization #2, City of Tigard Building Division, Iow- General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application, and have offered no comments or objections. No other comments have been received. B. PI14DINGS AND CONCLUSIONS The relevant approval criteria in this case are Statewide Planning Goals 9, and 12, Comprehensive Plan Policies 1.1.2, 4.2.1, 5.1.4, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development Code Sections 18.22.040 (A), and 18.62. Staff concludes that the proposal is consistent with the applicable Statewide Planning Goals based upon the following findings: 1. Goal 9 (Economic Development) is met because the proposal would provide an opportunity to enhance retail employment opportunities within the City. This proposal will not affect vacant land inventories since the site is already developed. 2. Goal 12 (Transportation) is satisfied because the subject site is provided with access to a convenient and economic transportation system. The site is located adjacent to two major transportation corridors (Highway 217 and Scholls Ferry Road) and a major collector (SW Cascade Boulevard). Staff has determined that the proposed Comprehensive Plan Amendment/Zone Change is consistent with applicable Comprehensive Plan policies based J upon the findings noted below: 1. Plan Policy 1.1.2 requires that in order to approve a quasi-judicial amendment to the Plan, the City must find that the change is consistent with applicable plan policies, that a change of physical circumstances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcel(s). Alternatively, the City must find that a mistake was made in the original designation (Policy 1.1.2, Implementation Strategy 2; Community Development Code Section 18.22.040 (A)). This Policy will be addressed at the end of this section. 2. Plan Policy 4.2.1 is satisfied because this site is already developed. Building and site improvements were reviewed for compliance with applicable federal, state and regional water quality standards in effect at the time of development. The proposed redesignation of the site for General Commercial use will not result in significant building or site modifications. Any changes to impervious surface area shall be reviewed by Unified Sewerage Agency for compliance with the Oregon Environmental Quality Commission's rules for the Tualatin River Basin, including the preparation and implementation of a non-point source pollution control plan. The proposed redesignation would not, by itself, affect compliance with this plan policy. 3. Plan Policy 5.1.4 requires the City to ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This Plan policy STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 3 is satisfied because the subject property is not located within or Y adjacent to a designated residential area. 4. Policies 7.1.2, 7.2.1, 7.4.4, 7.5.2, and 7.6.1 have been satisfied because the subject property is currently served with urban services, including water, sanitary and storm sewer. This site is already developed and is not within the boundaries of the 100-year floodplain or a designated area of ground instability. The requested amendment will not require any changes to the service delivery system. This developed site is highly visible from several heavily traveled highways. Additionally, all service providers have had the opportunity to comment on this application and have offered no comments or objections. 5. Plan Policy 8.1.1 requires a safe and efficient street and roadway system. This policy is satisfied because this property fronts SW Cascade Boulevard, a major collector, and abuts two State Highways (Highway 237 and Highway 210,. SW Scholls Ferry Road). The existing roadway pattern is able to accommodate the minor increase in traffic volumes resulting from an approval of this application. 6. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development or redevelopment on the site. Completion of any necessary street improvements along the site's frontages and/or parking lot modifications would be required to be installed by the developer at the time of such development or redevelopment. The Engineering Division and affected reviewing agencies will review any future development proposals for the site. 7. Plan Policy 12.2.1 (General Commercial - locational criteria). The applicable locational criteria specified in Chapter 12 of the Comprehensive Plan are satisfied for the following reasons: a. Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sides. This site is an industrial island within the general commercial zoning designation and is not adjacent to residential zoning districts on any side. b. Site access criteria require: 1) the proposed area shall not create traffic congestion or traffic,safety problems; 2) the site shall have direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. The approval of this application will not result in a noticeable change in traffic volumes. The existing building is used for permitted General Commercial uses now. An increase in traffic volumes due to retail services could be expected. Approval of this application would remove a relatively small Industrial Park island from the surrounding General Commercial area. The subject site is adjacent to two State Highways (Highway 217 and Highway 210-Scholls Ferry Road) and a major collector (Cascade Boulevard). Direct site access is provided to SW Cascade Boulevard. No new driveway accesses are proposed with this application. Any increase in traffic volumes caused by the C-G designation will be negligible as most of this increase would be absorbed into the much higher traffic volumes on Highway 217 and Scholls Ferry Road. Additionally, transit service is available in proximity to the existing development. STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 4 f i C. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 1.11 acre site. The existing building and site improvements can adequately accommodate a variety of uses permitted within the C-G (General Commercial) zoning district. This site is also highly visible from adjoining roadway and state highways. d. Impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent non-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into the site design and development plan; and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. This Plan policy is gatisfied because the impact to the surrounding land uses is determined to be negligible. The scale of the present development on this site is compatible with the surrounding uses. There are no residential zoning districts adjacent to this site as this property is surrounded on all sides by commercial zoning designations. Additionally, the applicant states that the scale and design character of the building will not be dramatically changed with the future intended remodeling of the existing structure. The following provides an analysis concerning the Comprehensive Plan, Volume 2, Policy 1.1.2, Implementation Strategy 2; Change or Mistake: The applicant states that the exact date of construction of the building on this site is not known. However, this building predates the 1985 City annexation date of this property and, as such, was developed to Washington County standards under an industrial designation (MA1). The applicant also states that several changes in physical circumstances have occurred since Washington County originally applied an industrial designation to the subject property. Staff recognizes one such physical change on this site. The applicant states that the City of Tigard amended the Comprehensive Plan Map and zoning designations across Cascade Boulevard from the subject property in 1980 (ZC 16-80). The designation of the 8.23 acres was changed from Industrial to General Commercial. Levitz Furniture and Toys R Us stores were later built on the property. With approval of that earlier amendment, the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Further, the larger land area in the vicinity of the subject property at the Highway 217 & Scholls Ferry interchange is zoned and developed for general commercial uses and the subject property is no longer an appropriate location for Light Industrial development. When the subject site was annexed into the City, the site was given the Tigard zoning designation which most closely matched the original Washington County zoning designation. However, the effect of the previous 8.23 acre zone change from I-P to C-G, which occurred in 1980, is that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that a C-G designation would have been STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 5 r i a more appropriate designation when the property initially received a City zone. Therefore, staff contends that a change in physical circumstances has occurred which makes the current I-P zoning designation inappropriate for this site. Staff also contends that the zoning designation of this site should be changed to C-G. The proposed Comprehensive Plan Amendment/Zone Change is consistent with applicable Community Development Code sections based upon the findings noted below: Section 18.22.040 sets forth the standards and procedures for amendments to the Zoning Map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the comprehensive plan and ordinances; 3. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning h~ map as it relates to the property which is the subject of the development application. (Ord. 89-06; Ord. 83-52) This Code section is satisfied since the change will not adversely affect the health, safety or welfare of the community because this site is already developed and has been occupied with uses which are permitted uses in the C-G zone as well as the present I-P zone. In addition, as shown herein, the application complies with the relevant provisions of the City's acknowledged Plan and Code. The evidence of a change in the neighborhood has already been presented under the previous review of Comprehensive Plan, Volume 2, Policy 1.1.2, Implementation Strategy 2. Code Section 18.62 (General Commercial) contains the standards for the General Commercial zone. The subject site meets these requirements in that the minimum lot width is greater than 50 feet, the existing structure does not exceed 45 feet in height, the site coverage is less than 85% and the landscaped area is greater than 15%. Additionally, the existing uses are permitted uses within the General Commercial zoning designation. C. OTHER CONSIDERATIONS Although the following considerations are not approval criteria for this application, staff finds that they are relevant to this application and have been addressed as follows: 1. Statewide Planning Goal 1 (Citizen Involvement) is met because the City has adopted and follows a citizen involvement program which includes review of development applications by the Neighborhood Planning STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 6 r Organization. In addition, all public notice requirements have been met for the subject application. 2. Statewide Planning Goal 2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in review of this application and will base its, discussion upon adequate findings as discussed herein. 3. Plan Policy 1.1.1 is satisfied because the Comprehensive Plan is consistent with the Statewide Planning Goals. This plan is kept current with the needs of the community through being opened periodically for necessary revisions and has been acknowledged. 4. Plan Policy 2.1.1. is satisfied because Neighborhood Planning Organization #2, surrounding property owners and the general public were given notice of the public hearing related to this request as well as their opportunity to comment on the proposal. 5. Plan Policy 5.1.1 is satisfied because this application would enhance the diversification of economic opportunities available to Tigard residents. The applicant states: According to a vacant land inventory completed in 1990, the City of Tigard had approximately 59 vacant acres designated for General Commercial development and 91 vacant acres designated for industrial Park development. The amendment will not affect vacant land inventories since the property is already developed. However, the location of the property and site characteristics are consistent with criteria for general commercial development, and would provide additional commercial opportunities to balance undeveloped industrial opportunities. Additionally, the applicant states: An estimated 31% of persons working within the Tigard study area are employed in the retail sector, a higher percentage than found in Washington County as a whole. Therefore, staff contends that the conversion of this site from I-P to C-G would provide an opportunity to enhance retail, or other commercial business and job opportunities, within the City. Additionally, since this site is developed, existing vacant industrial land inventories will not be affected. 6. Plan Policy 8.2.2 pertaining to public.transit is satisfied because this request provides for the location of general commercial uses in proximity to existing public transitways. 7. Plan Policy 12.3.1 (Industrial -locat ional criteria). The locational criteria specified in Chapter 12 of the Comprehensive Plan are partially satisfied for the following reasons: a) This Policy requires: 1) the uses on the site shall be buffered from residential areas to assure that privacy and the residential character of the area are preserved; 2) located on an arterial or, collector street and that industrial traffic shall not be channeled through residential areas. This site does not abut any residentially zoned district. This policy is satisfied because this developed site does not cause either infringement of privacy upon, or diversion of traffic through, any residentially zoned districts. b) The site shall be of a size and shape which will provide for the short and long range needs of the use. The applicant states: ...the site size, unusual configuration and existing building are not suited to the needs and requirements of industrial park users. Typically, industrial or flex space buildings are single story with STAFF REPORT - CPA 91-0004,/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 7 t' r . loading bays. Much of the recent "business park" development within the City of Tigard had occurred within larger scale parks which are developed and managed to accommodate a range of industrial, distribution and office uses within a planned campus. This site has been zoned I-P since 1985. Most of the uses which have occupied this building could be classified as C-G uses as well as I-P uses. Staffs' long range view of this site is that, under the present I-F designation, this property may be developed with a more intensive I-P use. A more intensive industrial development would negatively impact the adjacent commercial properties more severely than would a more intensive C-G use. Staff contends that the short range, as well as long range, use of this site is more appropriately that of C-G rather than I-P. C) The land intended for development shall have an average site topography of less than 6% grade, or that it can be demonstrated that through engineering techniques all limitations to development and the provision of services can be mitigated. This policy is satisfied because this site does have a grade of less than 6 percent. d) It can be demonstrated that associated lights, noise and other external effects will not interfere with the activities and uses on surrounding properties. This policy is satisfied because the requested zoning designation is the same as found on all abutting properties. Therefore, the potential external effects are the same as those possible on all abutting properties. D. RECOMMENDATION ` The Planning. Division recommends that the Planning Commission forward a recommendation to the City Council for APPROVAL of Comprehensive Plan Amendment CPA 91-0004 and Zone Change ZON 91-0007 based upon the foregoing findings. PREPARED BY: Ron Pomeroy Assistant Planner APPROVED BY: Dick Bewersdorff Senior Planner cpa91-04.dec t i STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE. 8 s g~g f e EXHIBIT "Al" PROPOSED FINDINGS FOR THE APPROVAL OF A COMPREHENSIVE PLAN MAP AMENDMENT FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM I-P (INDUSTRIAL PARR) TO C-G (GENERAL COMMERCIAL) FOR TAX LOT 100, 1S1 27DD (APPLICATION CPA 91-0004, ZON 91-0007) T. Michael & Associates Ltd. has requested amendments to the City of Tigard's Comprehensive Plan map and zoning map to change approximately 1.1 acres of property within an existing Light Industrial Comprehensive Plan designation and Industrial Park zone to a General Commercial-plan and zone designation. The property is more particularly described as Tax Lot 100, Tax Map 1S1 27DD,'in the City of Tigard. The subject property is currently developed with an existing building and the applicant is proposing the Comprehensive Plan map amendment and zone change to allow additional commercial retail uses for the building. This application must be evaluated against the applicable approval criteria in the Land Conservation and Development Commission's State-Wide Planning Goals, criteria in the city's Comprehensive Plan, and criteria in the city's Community Development Code. Compliance with these applicable criteria is discussed as follows: A. STATE-WIDE PLANNING GOALS The subject application involves a request to amend the city Comprehensive Plan map from Light Industrial to General Commercial and the city zoning map from I-P (Industrial Park) to C-G (General Commercial) for land within the city limits. We find, from a review of the city's Comprehensive Plan and Community Development Code and the discussion in the report submitted with the applicant's application ("Applicant's Report"), that the subject property does not involve land characteristics, uses, impacts or changes in the overall nature of the Comprehensive Plan that require the consideration of State-Wide Planning Goals 1-8, 10-11 and 13-19. We further find that the application does raise issues which make relevant the mandatory approval criteria in Goals 9 and 12, which are addressed in these findings as follows: A.1. GOAL 9: ECONOMIC DEVELOPMENT. Criterion: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, F welfare, and prosperity of Oregon citizens. We find that this goal is intended to be a broadly- worded, state-encompassing goal which establishes no minimum or mandatory levels of opportunities or economic activities which must be provided in any particular area of the state. We further find that the city's Comprehensive Plan, through the designation of commercial and industrial land in the city, provides land for a variety of activities that could beneficially contribute to the economy of the Tigard area. We find, based upon the Applicant's Report, that the proposed plan and zone map amendments would result in a designation for this site which is in keeping with the surrounding uses. We further find, based upon the Applicant's Report, that-the proposed amendments for this site take advantage of the site's outstanding accessibility and visibility to create a prime retail location. We also find, from the Applicant's Report, that redesignation of the site is expected to increase employment within the city. Based upon this information, we find that the use of the site as prime commercial property will be a positive economic benefit to the City of Tigard and will strengthen the health, welfare and prosperity of the community. We find that the use of the prime retail site for commercial purposes will increase the economic productivity of that area and the surrounding area and lead to an improved and more stable commercial activity in the community because of the high visibility and accessibility of that site and the expected increased employment. We find that the redesignation of this site from industrial to commercial will not affect the city's inventories of land suitable for increased economic growth because the property is already developed and is not part of the city's inventory of vacant developable land. We find that the existing inventory still provides an adequate supply of sites of suitable sizes, types, locations and service levels for a variety of industrial and commercial uses, as was indicated in the recent update of Chapter 5 of the Comprehensive Plan. We further find that designating this site for commercial uses, because the site is surrounded by commercial uses, will not in any way interfere with existing industrial or commercial uses within the area and in fact makes the property more compatible with the existing surrounding commercial uses. Based upon the above findings, we conclude that Goal 9 has been met. A.2. GOAL 12: TRANSPORTATION. Criterion: To provide and encourage a safe, convenient and economic transportation C system. is -2- We find that the subject property is already developed and connected to an established transportation system. The property accesses S.W. Cascade Boulevard which is a major collector. S.W. Cascade Boulevard connects at the northwest corner of the property to Scholls Ferry Road, an east-west arterial, at a signalized intersection. Scholls Ferry Road connects with Highway 217, a major north-south arterial, at the northeast corner of the property at a second signalized intersection. We find, therefore, that the site is conveniently located and easily accessible from surrounding communities. We further find that the signalization of the nearby intersections regulates the traffic flow to provide a safe system. The fact that the system is already constructed means that the approval of this application will not impose any additional cost to the public, which we find makes this application economic. We further find, based upon the Applicant's Report and the comments of the city Engineering Division, that the potential future traffic increase from commercial use of the property is limited, that any such increase could be adequately mitigated, and that the contemplated retail use may in fact disperse traffic volume over a longer time interval because of the expanded shopping hours associated with retail and particularly jewelry store retail use. We conclude, therefore, that the proposed Comprehensive Plan map amendment and zone change will result in a safe, convenient and economic transportation system, and that Goal 12 has been met. B. COMPREHENSIVE PLAN CRITERIA We find that the application before us requests an amendment to both the city's Comprehensive Plan map and zoning map. No Comprehensive Plan text amendment was requested. We have reviewed the Comprehensive Plan for approval criteria relevant to the requested map amendments and make below the findings for the criteria we find applicable. In identifying the applicable approval criteria, we only chose those that were relevant to the proposed map amendments. We also only chose criteria that were mandatory (where compliance is required) and not plan provisions couched in such terms as "encourage" (which indicate desirable, but discretionary conditions). B.1. CHAPTER 1: GENERAL POLICIES. Criterion: Policy 1.1.2, Implementation Strategy 2. Quasi-judicial changes to the Comprehensive Plan Map: The Community Development Code ("CDC") shall provide quasi- judicial changes to the Comprehensive Plan C Map which may be initiated by affected -3- parties on a semi-annual basis and approved if the City Council finds: (a) the change is consistent with applicable plan policies; (b) a change of physical circumstances has occurred since the original designation; or (c) a mistake was made in the original land use designation. We find, as is discussed specifically below for all of the applicable Comprehensive Plan approval criteria, that the proposed change is consistent with applicable plan policies. We further find that the subject property was developed while it was within the jurisdiction of Washington County under an Industrial designation. When the property was annexed by the City of Tigard, it was being used for a mix of office and nonretail commercial uses. At the time of annexation, the city, in accordance with an intergovernmental agreement between the city and Washington County, applied the city designation that was closest to the county Industrial (MA1) designation. The city, therefore, gave the property an industrial Comprehensive Plan designation and an industrial park zoning designation. We find that, even though the property was designated industrial by the city at the time it was annexed, the location of the property and the nonindustrial uses on it would have justified either commercial or industrial designation because the property meets the locational criteria for both commercial and industrial designation. We further find that the property across S.W. Cascade Boulevard from the subject property was previously designated industrial but is now designated generaa commercial, and is developed with Toys R Us and Levitz Furniture retail stores. This circumstance, in combination with the commercial zoning across Scholls Ferry Road, has resulted in the subject property becoming an isolated island of industrially zoned property surrounded by commercially zoned property. We find, therefore, that the changes in land use designations and patterns in the area which have made the subject property an island of industrial property amidst commercial uses are changes in physical circumstances since the original designation, and are sufficient to justify a Comprehensive Plan map amendment. We conclude, therefore, that the criterion for quasi-judicial changes to the Comprehensive Plan map has been met. -4- B.2. CHAPTER 4• AIR, WATER AND LAND RESOURCES OUALITY. Criterion: Policy 4.2.1. All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. We find, based upon the Applicant's Report, that the subject property is already fully developed with a building and associated parking and landscaping improvements, and that these improvements were reviewed for compliance with applicable federal, state and regional water-quality standards at the time of development. We further find-that the requested map amendments, by themselves, would not result in any additional significant improvements or modifications to the site and would not affect compliance with this plan policy. We conclude, therefore, that this criterion has been met. B.3. CHAPTER 5: ECONOMY. Criterion: Policy 5.1.4. The city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. We find that the subject property is not located within or adjacent to a designated residential area. We conclude, therefore, that this criterion has been met. B.4. CHAPTER 7: PUBLIC FACILITIES AND SERVICES. B.4.a. Criterion: Policy 7.1.2. The city shall require as a pre-condition to development approval that: a. Development coincide with the availability of adequate service capacity including: 1. Public water; 2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and i -5- 4 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. We find, based upon the Applicant's Report and the Staff Report, that the subject property is currently fully served with urban services, including public water, sanitary and storm sewer. We further find that the area surrounding the subject property has been previously developed such that adequate services are available to the entire area, including intervening properties. We find that the subject property is already developed and is supplied with electricity from overhead power lines which run along S.W. Cascade Boulevard. We find, because of the preexisting development of the subject property and power line system, that this is not a situation where new electrical service is being provided. Therefore, we find that this criterion does not require that the existing power lines be placed underground. We further find that service providers have been given an opportunity to review this application and have had no comments questioning the ability to provide services. We conclude, therefore, that this criterion has been met. B.4.b. Criterion: Policy 7.2.1. The city shall require as a pre-condition to development that: a. A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse offsite impacts; i b. Natural drainage ways be maintained unless submitted studies show-that alternative drainage solutions can solve on-site drainage problems and will assure no adverse offsite impacts; -6- C. All drainage can be handled on-site or there is an alternative solution which will not increase the offsite impact; d. The 100-year floodplain elevation as established by the 1981 flood insurance study conducted by the U.S. Army Corps of Engineers be protected; and e. Erosion control techniques be included as a part of the site development plan. We find, based upon the Applicant's Report, that the subject property is not located within the boundaries of a 100-year floodplain or a designated area of ground instability. We find, therefore, that a site development study is not required. We further find that since the site is already fully developed, approval of the proposed map amendments will not, by itself, affect natural drainage ways or erosion or increase offsite impacts. We conclude, therefore, that this criterion has been met. B.4.c. Criterion: Policy 7.4.4. The city shall require that all new development be connected to approved sanitary sewerage system. Based upon the Applicant's Report, we find that the 'subject property is connected to the sanitary sewerage system through an existing sewer trunk line located in S.W. Cascade Boulevard that provides gravity flow service to the subject property. We conclude, therefore, that this criterion has been met. B.4.d. Criterion: Policy 7.5.2. As part of the ongoing development review, the city shall: a. Require visible identification signs to assist emergency vehicles in locating the area of the problem; b. Utilize defensible space concepts; and r c. Require the Tigard Police Department to review development applications. We find, based upon the Applicant's Report, that the subject property is located in a highly visible location in plain view from two county highways and a major city collector street. We further find that the building on the property is highly -7- i i t I 1 visible from all three of these roads and that the current and proposed signage for the tenants of the building is likely to make it very easy for the Police Department to locate the property and respond to any problems. We also find that the property is already developed so that there is little opportunity to, at this point in time, incorporate special defensible space concepts. However, we find from the Applicant's Report that the applicant intends to incorporate security considerations in future renovation of the property, particularly in conjunction with providing protection for a jewelry retail store. Finally, we find that the application has been distributed to the Tigard Police Department for their review. We conclude, therefore, that this criterion has been met. B.4.e. Criterion: Policy 7.6.1. The city shall require as a pre-condition to development that: a. The development be served by a water system having adequate water pressure for fire protection purposes; b. The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and c. The applicable fire district review all applications. We find from the Applicant's Report and the Staff Report that the subject property is supplied by adequate services, among which are existing water mains and hydrants located in S.W. Cascade Boulevard, adjacent to the site. We further find that, since the subject property is already developed and the proposed map amendments involve no change in that development, the proposal would not reduce the water pressure below that which exists now. We also find that the proposal has been submitted to the fire district for its review and that the district has submitted no objections to the proposal. We conclude, therefore, that this criterion has been met. B.5. CHAPTER 8: TRANSPORTATION. B.S.a. Criterion: Policy 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. -8- L We find, based upon the findings for Criteria A.2 and B.5.b, that the subject property is already developed and connected to an existing safe, convenient and efficient transportation system, and that'any increased traffic resulting from the proposed amendments can be adequately provided for. We conclude, therefore, that this criterion has been met. B.S.b. Criterion: Policy 8.1.3. The city shall require as a pre-condition to development approval that: a. Development abut a publicly dedicated street or have adequate access approved by the appropriate approval authority; b. Street right-of-way be dedicated where the street is substandard in width; c. The developer commit to the construction of the streets, curbs and sidewalks to city standards within the development; d. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts; e. Street improvements be made and street signs or signals be provided when the development is found to create or intensify a traffic hazard; f. Transit stops, bus turnout lanes and shelters be provided when the proposed use is of a type which generates transit ridership; g. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons; and h. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. We find that the subject property is already developed. We further find that this policy is intended to apply to development or redevelopment where the construction of buildings -9- u t or other improvements is anticipated, not to impose retroactively new standards on already developed property. We find, therefore, that this policy does not impose any new requirements on the subject property in the context of Comprehensive Plan map amendment or zone map amendment approval. However, even if this policy does apply to the proposed map amendments, we find that the policy has been met. We find, based upon the Applicant's Report and the Staff Report, that the subject property abuts S.W. Cascade Boulevard, a major collector. We find, based upon the Applicant's Report and comments of the city Engineering Division, that this application will not require any dedication of street right-of-way, or any construction or improvement of streets, curbs and sidewalks. We further find, based upon the comments of the city Engineering Division, that because the changes in traffic use as a result of the approval of this application would only have a minor impact on the traffic intensity in the area, and because there are adequate restrictions in place to limit and mitigate potential future traffic increases, that no additional street improvements are required for approval of this application to avoid a traffic hazard. We find that the applicant need not make any additional provision for transit stops or bus turnout lanes since, based p' upon the Applicant's Report and the Staff Report, transit service is already available along Scholls Ferry Road, and since the proposed use is oriented toward automobile travel and is not expected to generate a significant amount of transit ridership. We further find, from the Applicant's Report, that the subject property contains three parking spaces close to the building entrance which are marked for disabled persons. Finally, we find that the subject property is not included within any designated bicycle or pedestrian corridor and that no special provisions are therefore required for these uses. Based upon the above findings, we conclude that this criterion has been met. B.6. CHAPTER 12: LOCATIONAL CRITERIA. Criterion: Policy 12.2.1. The city shall: a. Provide for commercial development based on the type of use, its size and required trade area. P b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. R c -10- w GENERAL COMMERCIAL CRITERIA. General Commercial areas are intended to provide for major retail goods and services. The uses classified as General Commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. a. Scale. (1) Trade Area. Varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. Varies. b. Locational Criteria. (1) Spacing and Location. (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access. (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements, and the traffic generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. -11- i (l (c) Public transportation shall be available to the site or general area. (3) Site Characteristics. (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment. (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non- commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise " and activities shall not interfere with adjoining non-residential uses. We find, first of all, that all applicable plan policies have been met as is discussed in the findings above. We further find, as is discussed more fully below, that the subject property is ideally located for designation for general commercial use because of its type of use, its size, its trade area and its conformity to the general commercial locational criteria. Based upon the Applicant's Report, we find that the site is already developed with a building that is being used by f businesses that are permitted uses in the General Commercial zone, and that there are plans to use the first floor of the building for a Shane Co. retail jewelry store. We further find, also based upon the Applicant's Report, that the site is only a short distance from the Washington Square shopping mall. We find that the subject property is within the same trade area as the Washington Square shopping mall because the general commercial -12- use of the subject property will draw upon the same people that are drawn to Washington Square and Washington Square II. We find, based upon the existing and planned uses, the applicable trade area, and the additional consideration of locational criteria discussed below, that the subject property is appropriate for commercial use. We find that the subject property falls squarely within the locational criteria for general commercial areas. The subject property is not surrounded 'by residential districts on more than two sides and, in fact, is not adjacent to any residential zone. We find, based upon the Applicant's Report, the comments of the city Engineering Division, and the Staff Report, that the subject property is already developed and that approval of the proposed map amendments will at most only change existing traffic volume by a minor amount. In light of (1) the city Engineering Division's comments identifying no street capacity or congestion problems associated with approval of this application, (2) the statements in the Applicant's Report and Staff Report that the traffic volume from the planned Shane Co. retail use will represent only a minor fraction of the overall background volumes on adjacent roadways and is likely to be in the evenings and on weekends, and (3) the findings for Criteria A.2 and B.5, we find that the proposed map amendments will not create traffic congestion or a traffic safety problem. We further find that the site has direct access to a major collector street and that public transportation is available nearby. We find that the site characteristics of the subject property are conducive to-general commercial use. The site is already developed and by its past and present use has proven that it is suitable for commercial uses. Furthermore, the site has extremely high visibility and accessibility from major arterial roadways in the area, namely Scholls Ferry Road and Highway 217, which make it ideally suited as a highly visible, easily accessible commercial retail site. We find that the properties near the subject property contain Levitz Furniture, Toys R Us, Silo, and Cascade Plaza stores, which are commercial retail uses, and that the proposed scale and use of the subject property is compatible with and will not interfere with those adjacent nonresidential uses. We further find that there are no adjacent ► noncommercial uses that would be interfered with because there are no adjacent noncommercial uses. Based upon the above findings, we conclude that this criterion has been met. -13- ► C. COMMUNITY DEVELOPMENT CODE C.1. AMENDMENTS TO THE ZONING MAP. Criterion: Policy 18.22.040. Quasi-judicial Amendments and standards for Making the Decision. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasirjudicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety, and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until, acknowledgment of the comprehensive plan and ordinances; 3. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. We find that subsection 2 of this criterion does not apply because the city's Comprehensive Plan and ordinances have been acknowledged. We further find that many of the remaining standards within this criterion are parallel to standards in the Comprehensive Plan for amendments of the Comprehensive Plan map. To the extent that those standards are similar, we adopt the findings in support of.the Comprehensive Plan map amendment discussed above in Section B.I. We find additionally that the proposed map amendments will not adversely affect the health, safety and welfare of the community.. Since the subject property is already developed, and has been occupied with uses permitted in the General Commercial zone, the impact of the proposed change will be minimal. There may be some slight change in the nature and amount of traffic -14- t :f i R levels, but we agree with the Staff Report and the Engineering Division that the change created by the proposed map amendments would be minimal and not adverse. We further find that, since this approval involves no direst changes to the site, the impact on the community should be minor. On the positive side, we find that the community should profit from the opportunity to utilize this ideal commercial retail location for commercial purposes. Based upon the above findings, we conclude that this criterion has been met. C.2. CHAPTER 8.62: GENERAL CO)MRCIAL DISTRICT. We find that the proposed map amendments comply with the standards for uses in the General Commercial zone. In terms of the proposed use of the site, we find that the identified existing and proposed uses contemplated for the site are office and administrative uses such as insurance agencies, tax services, medical clinics and retail uses such as a jewelry store. All of these uses are permitted uses within the General Commercial zone. Since S.W. Cascade Boulevard and Scholls Ferry Road are a major collector and an arterial, respectively, approving the proposed map amendments is consistent with the purpose of the General ~ Commercial zone, which is to site uses adjacent to an arterial or i` major collector streets. With regard to dimensional requirements within the General Commercial zone, we find that the existing building and site development comply with applicable requirements and standards. Specifically, the lot width is greater than the 50 foot minimum; the existing building is less than the 45 foot maximum; the building on the site and paved areas represent 80 percent of the site, well within the maximum 85 percent coverage for buildings and impervious surfaces; and the site includes 20 percent landscaping, which is in excess of the required 15 percent of the site. The General Commercial zone does not establish yard setbacks except where the zone abuts a residential zone. Since that is not the case here, we find that setbacks are met. Based upon the above findings, we conclude that the standards within the General Commercial zone are met for the proposed application. CONCLUSION We find that the redesignation of the subject property to a plan designation of Commercial and a zone designation of General Commercial complies with the applicable approval criteria. Therefore, we approve the proposed redesignations. r sa302 -15- =------z The C i l y o f TIGARD r CPA 1991-0004 y 1 WASHINGTON / \ v r I i.•. - - - ZON 1991-0007 \ I II I ~ ~\I I (SQUARESITE AREA y' 1 MALL I 1 x 5~ 5 27 26 uj KOLL ~ \ 34 35 I BUSINESS \ I -NIMe~s CENTER ~ - _ - _ - m NORTH I( r r CITY OF TIGARD, OREGON ORDINANCE NO. 91- AN ORDINANCE TO AMEND TITLES 10 AND 12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO SURFACE WATER MANAGEMENT. WHEREAS, on August 3, 1989, the Environmental Quality Commission promulgated rules for the Tualatin River Basin that requires the Unified Sewerage Agency of Washington County and cities within the basin, including the City of Tigard, to comply with the Tualatin River Basin Erosion and Storm Water Control Rules (OAR 340-41-455(3)). WHEREAS, on June 25, 1991, and October 22, 1991, the Unified Sewerage Agency of Washington County adopted Surface Water Management rules as required by the Commission; and WHEREAS, the Department of Environmental Quality has required the City of Tigard to submit to the Department by December 1, 1991, an ordinance that adopts the Agency's Surface Water Management rules. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 10 and 12 of the Tigard Municipal Code shall be amended by the addition of exhibit "A". SECTION 2: 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 h G( i M UTAS vote of all Council members present after being read by number and title only, this J Ct w' day of Al vye cm 13,11 , 1991. Catherine Wheatley, City ecorder APPROVED: This day o=~R.Edwardr.,. , 1991. GMayor Approved as to form: City Attorney Date r dj/M ord-title.l2 ORDINANCE No. 91- Page 1 r 6 EXHIBIT "A" Chapter 12.04 Sewers and Surface Water Management Sections: 12.04.010 Title 12.04.020 Definitions 12.04.030 Unified Sewerage Agency of Washington County Rules Adopted. 12.04.040 Immediate Remedial Action Required 12.04.050 Violation - - Penalty 12.04.010 Title. This chapter shall be known as the "sewer and surface water management ordinance" and may also be referred to as "this chapter." 12.04.020 Definitions. As used in this chapter: (a) "Responsible Party" means the person responsible for curing or remedying a violation of this chapter, which include: (1) The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; (2) The person occupying the property, including lessee, tenant or other person having possession; (3) The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed or transported the eroding soil. 12.04.030 Unified Sewerage Agency of Washington County Rules Adopted. Unified Sewerage Agency of Washington County Resolution and Orders No. 91-47 (excluding Chapter 2) and No. 91-75 are adopted and shall be in force and effect as part of this municipal code. The City Manager, without prior council approval, may adopt and enforce amendments and revisions to these resolutions and orders promulgated by the Agency for a single temporary period not to exceed ninety days. 12.04.040 Immediate remedial action required. If the code enforcement officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the code enforcement officer is unable to serve a notice of infraction on the re:_;ponsible party or, if after such service the responsible party refuses or is unable to remedy the infraction, the City may proceed to remedy the infraction as provided in Section 1.16.340. 12.04.050 Violation - - Penalty. (a) Penalty. (1) Each day that a- violation of this chapter is committed or permitted to continue shall constitute a separate Class 1 infraction. (2) A finding of a violation of this chapter and imposition of a civil penalty pursuant to the civil infraction ordinance (Chapter 1.16 of the code) shall not relieve the responsible party of the duty to abate the violation. A civil penalty imposed pursuant to this section is in addition to and not in lieu of any other remedies available to the city. (3) If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. 4I . Chanter 10.32 AOP~ Miscellaneous Provisions 10.32.205 Physical Erosion. No person shall drag, drop, track, or otherwise place or deposit, or permit to be deposited, mud, dirt, rock or other such debris upon a public street or in to any part of the public storm and surface water system. Any such deposit of material shall be immediately removed using hand labor or mechanical means. No material shall be washed or flushed into any part of the storm and surface water system and any such action shall be an additional violation. dj/GB:chap-12.rev I { i s 4 J i AGENDA ITEM NO. - VISITOR'S AC:ENIDA°• DATE: (I ' J~~~tI (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 /TROPIC STAFF CONTACTED ell r t i i Depending on the number of persons wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3-5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO.' 5 DATE 11/19/91 PUBLIC HEARING" ZONE'- CfMGE ANNEXATION' -.ZCA, 9l4WlT SHRAUGER PLEASE PRINT, /NAME & ADDRESS _ cl - -{W- l I't NAME & ADDRESS lM- V~ `r r r t 1 Depending on the number of persons wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3-5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM No: -`6 DATE: ';11/19/91 PUBLIC HEARING'- COMPREHENSIVE: PLAW AMENDMENT ',CPA 91- 0,04, ZONE CHANGE MN 91=GOJ7., T • MICHAEL' ' `AND ASSOCIATES, ::LTD PLEASE PRINT NAME & ADD S. NAME & ADDRESS rvpone~~fs !rY lot 3 ~ nli: ~1~-~ a~ OX- q-7a.13 F B t Y PLEASE NOTE: NEW! MATERIAL IS ON TOP. MATERIAL WHICH HAS BEEN SUBMITTED TO COUNCIL PREVIOUSLY IS AFTER THE PINK DIVIDER SHEET. MEMORANDUM COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator. FROM: Loreen Edin, Admin. Services Manager 9-49 DATE: November 6, 1991 SUBJECT: Solid Waste Ordinance Update The City Council has continued the 10/8 public hearing on the Solid Waste Ordinance to 11/19 for Council action. COUNCIL DIRECTION: Upon receiving Council direction on the policy issues and any other ordinance language issues, staff will prepare the appropriate adopting documents for Council action on 12/17. ATTACHED INFORMATION PACKET: The following items are newly attached since the last meeting: • POLICY RECOMMENDATION CHART - To assist Council in reviewing more quickly the seven policy issues before them, staff prepared a one, page chart listing each policy issue and positions of various interested parties. • JOY THEATER OWNER LETTER - At the request of Council, staff requested David Emami submit a letter explaining further how his business can haul its own waste at less cost than using franchised haulers services. • HAULERS POSITION PAPER - Since this is a contract with the franchised haulers, and Council has not had an opportunity to sit and discuss the policy issues with the haulers, attached is a copy of their position stated in more detail. le/ms E i V IBS i'{~ l~-S i i SOLID WASTE ORDINANCE - POLICY RECOMMENDATION CHART POLICY ISSUE CITY STAFF SOLID WASTE HAULERS CHAMBER HOME BUILDERS JOY THEATER 1 GVrERA ADVISORY COMM. OF COMMERCE ASSOCIATION OWNER Does the City d:, DWR WASTE _ Recommend limiting the vehicle size which can be used Same as staff. Same as Same as staff. No position as long Oppose. If truck limit haul (11.04.040 thto limit the way waste to haul solid waste to 10,000 GVW. If large portions of staff. as contractors are approved, have requested DI) co°cercial generator. waste leave the City's waste stream, it will be more exempt. "grandfather" clause to difficult to Comply with SB66 as well as increase costs allow continued use of to the solid waste rate payers. personally owned truck 2 CCiI UCTI (25,000 GVW). IT ne4d E to S their ownexemption It relate" to Does "cthe City Recommend ontractor" themm to hauldelete wasteoin vehicles under theallow Same es staff. staffea Same es staff. ex Oppose. ptionKeep for N/A ass (11.04.040 p7)tO 'definition aatruction waste? 10,000 GVW limit. Source separated materials for contractors due to recycling could be hauled by third party haulers which nature of work. is in keeping with state law. Sample language submitted fcr adoption. 3. FR(NCBISE I'p~ _ ordinance 6 ~y D0°° the City desire the No recommendation on term of franchise mar continuance Same as staff. Same as N/A N/A N/A year term as Ch tjamttically renewed for a 10- of 10-year automatic renewals. Recommend adding staff. (11.04.050 B) testy? language to better define existing ordinance amendment 4. RATE SETTING process. (11.04.080 C) ~ aaancmethod ial foe th° ageuthe Council wish Recoiel language abee madded to ethod fallow obtainitheiuse oftion same es staff. Same as N/A N/A N/A as the rate setting p=aining information for for the rate setting process. staff. 5. HAULERS' ABILI City is to cont~ gI~ - Does the Measure 5 Impact: City Attorney recommends to not Recomm and existing Same as Same as city N/A N/A bill the owner of ° allowing haulers to mandate by ordinance the billing of owners for language be left to SWAC. at. aarvicea provided 4 multi-unit rental for delinquent accounts. Haulers could still bill owners allow haulers to facility? (11.04,09p occupants of the as a regular business practice. bill owners through 6. ordinance authority. Mae AWRUAL choose to saga s in2ION - Does the City Purpose of ordinance change - one time sitinx process. Purpose of ordinance Same as Same as City N/A N/A inspection of ao~°p°otora? 00e1 notification and Recommend the owner of the compactor be responsible for change - onxoSng SWAC. staff. (11.04.105 N) the operation and maintenance of equipment. In other compliance process. areas of City law (i.e. fencing requirements around Recommend the swimming pools), once the siting permit process is ordinance require completed, the ongoing maintenance or operation is the City staff to do an responsibility of the resident. If purpose of annual inspection of ordinance is to provide for ongoing compliance, staff's all compactors for position is that the haulers ace equipment on a weekly safety/healtb and basis and could best meet this issue. annual notice of customer responsibility. 7. PENALTIES -Ikea the City want to clas violation of sify a Recommend a change from a misdemeanant to civil Same as City staff. Same as N/A N/A N/A this ordinance es infraction? a civil infraction process. This process would relieve the city (11.04.180) City of the financial burden of court-appointed staff. counsel, trial by jury, and burden of proof on the City "beyond a reasonable doubt." Aga October 24, 1991 City of Tigard Loreen Eden PO Box 23397 Tigard, OR 97223 Re: Solid Waste Removal Dear Ms. Eden: As per the City Council's request I am writing to give you information concerning the cost of hauling our own garbage. I would like to state I feel the Franchise system encourages the Haulers to expense unnecessary items to keep within the given profit margin. Example: $100,000 Cost of doing business/10% profit- $ 10,000 $200,000 Cost of doing business/10% profii: $ 20,000 This is the philosophy of the Haulers and this is why we are able to haul our own garbage at a much lower cost. In more detail: #1. CAPITAL INVESTMENT We have purchased a used but good as new vehicles for one- twentieth of the new cost. The compact system, which is attached to the truck, will never need to be replaced. Only normal maintenance is required to keep the hydraulic system functioning smoothly. We estimate our system will last for at least twenty years. Franchises, as per their testimony at the last City Council meeting, keep their trucks for the term of the depreciation value, not according to the life and usage of the vehicles. These same vehicles could last the Haulers at least eight to ten years longer. The dumpsters we purchased will never have to be replaced. We paid the same price as the Haulers for these items. They too, would not need to trash their dumpsters as soon as they do except I believe they are using the same depreciation system as they use on the vehicles. This is another unnecessary expense for the Haulers. Office Buildings, garages, land are not required for the garbage hauling business. We pay $15.00 per month to store our trucks. In term of the Haulers, they could rent an entire two acre site with an office for less than $500.00 per month. 1049 S.W. Baseline • Hillsboro, Oregon 97123-3822 • Bus.: 640-6123 d f pg #2 #2. COST OF HAULING ` As per the enclosed statements show, we take our garbage to the Metro. We do not do illegal dumping. We pay the same fees and prices as the Haulers. The Haulers charge their customers by mass volume. This volume after being compacted actually becomes very small in weight and volume. Driver: This position is a job share with the general maintenance for our company. Our driver is an experienced truck driver and has worked for our company for three plus years. Including all expenses of his salary, his labor cost per month for hauling our garbage is less than $100.00. Please keep in mind our locations are spread over a large area. If we were concentrated in one area, this expense would be much less. Recycling: We have been recycling our cardboard and paper items for a long time. We have private parties who handle this portion of our operation. They have even offered to pay us for the opportunity to recycle our papers which meets the recycle requirements. Insurance: Liability insurance on the garbage truck is $700.00 per year. Due to the value of the truck full coverage insurance is not required. ' This would be another area the Haulers could retrieve some of their cost. Using trucks which no longer have a lien holder and are depreciated in value would relieve the need for the high cost insurance. #3. HIDDEN COST Because of the ten year franchise agreements and the guaranteed profit by most counties and Cities, the untangilable worth of the companies is distorted. This hidden value/cost hinders the chances of another party from purchasing or buying out an existing franchise. #4. MANAGEMENT & LABOR COST In our case, our general manager actually manages the entire company. It does not require a large staff with large salaries. Our company is much more complexed and diversified than the garbage hauling business. We take our vehicles to an outside mechanic for repairs and upkeep. Amazing enough, some of the Haulers use the same repair shop for their vehicles. In the Franchise that I am aware of, the few vehicles they have requires one individual who is given a company pick up, expense account and high salary just to maintain their vehicles.. They do use the same maintenance shop that we use. This employee does happen to be a family member. I must admit, I am curious as to the wage structure for the Haulers both personally and for family members. pg #3 #5. MISC COST Fuel, oil, regular maintenance, licensing, etc.; these are all the same as the regular Haulers. With all of the above mentioned expenses our cost is close to 50% less than prior expenses related to garbage pick-up. We believe if we were operating on a larger scale with a compact service area this cost savings would be even greater. We did do a study on this issue prior to investing our time and capital. We are one of very few who have had the courage to take on this adventure. It is our understanding the Haulers are stating the Commercial business's are subsidizing the residential fees for the cost of hauling garbage. There is no proof for this statement. Council should not consider this statement without a sufficient study to support it. Reason Being: Residential garbage is as inexpensive to haul as commercial garbage. Residential sites are very condensed in nature; their contents compact much easier th4n commercial; and it requires less time per container to empty. Commercial customers, due to the size of the dumpsters, are not limited to the size of the debris of the weight of the debris. The home owner, on the other hand, must pay extra fees for .any garbage which does not fit into their garbage containers. At the last Council meeting, Mr. Gerry McReynolds, was pro-hauler. The statements made by him were not encouraging for the consumer. We believe the consumer was not represented at all in this meeting. One suggestion: If the City would desire to put an end to the high cost of hauling garbage and cease the monopoly operation it will take ten (10) years for the first results to be noticed. As a consumer and a hauler I have a good understanding that the only way this can be corrected for future consumers is we MUST put a stop to the automatic renewal of the franchises. This will give us ten years to decide on a just and free z~nterpr.L_e system. If I may be of any help, please feel you may call on me at any time. My phone number is 503-640-6123. I thank you for your time and letting me give you my point of view. Sincerely, David Ema r i. ACCOUNT NUMBER 0730000 S T A Y E M 0: FAMILY THEATRE'S E N T ATTN DAVID EMAMI 1049 SW BASELINE #420 HILLS30R0. OR 97123 TRUCK DUMP YAMHILL MSD TRANSFER DEQ ORPHAN FGE TOTAL DATE ID TONS FEE FEE FEE FEE FEE FEE FEE CHARGE --------------a-------•----r--------a--------a-------- -----------a-a -a-.~---aaav--.~--- 9/19/91 000-0000-00 3.10 * 64.54* 14.88* 40.30 70.53* 1.55 .00 1.55 193.35- - - - - --a - - - - - - a- - - ---a a 3.10 URRENT NON-TAXABLE: .00 .00 40.30 .00 1.55 .00 1.55 43.40 * CURRENT TAXABLE: 64.54 14.88 .00 70.53 .00 .00 .00 149.95 CURRENT CHARGES & FEES: 193.35 CURRENT 5% METRO EXCISE TAX: 7-.87 201.22 ADJUSTMENT + OR .00 - TCTAL THIS MONTH ONLY: 201.22 (NOTE: METRO _EXCISE TAXABLE) TOTAL CURRENT: 201.22 120 DAYS & OVER- .00 90 DAYS: 00 60 DAYS: :00 30 DAYS: .00 30 DAYS OR MORE EXCISE: .00 TOTAL DUE: 201.22 O FAMIL% T A T E M E N T ATTN DAVID EMAMI 1049 SW BASLTNE 4!LLS60ROi OR 97123 TRUCK DUMP YAPHILL MSC TRANSFER DED ORPHAN FGE TCTA.L c IO TONS FEE FEE FEE FEE FEE FEE FEE CHARGE /91 u0U-OQuc-CO 4.69 97.65* 22.51* 32.P3 90.28* ?.35 u0 2.35 247.07 - - - 4.69 NT NON-TAXABLE:- .00 .00 32.83 .00 2.35 .00 2.35 37.53• U?it=NT TAXABLE: 97.65 22.51 DU 90.28 DO .00 .06 210.44 CURRENT CHARGES & FEES: 247.97 CURRENT 5% METRO EXCISE TAX: 10.52 ~ ~ ~ ~ f _ - 258.49- W~ .J ADJUSTMENT $ OR -------.00-- TCTAL THIS MONTH ONLY: 258.49 (NOTE: METRO EXCISE TAXABLE) TOTAL CURRENT: 25q. ,,y 120 BAYS & OVER: .00 90 DAYS:. .00 60 DAYS: .OG 30 DAYS: .00 30 DAYS OR MORE EXCISE: ..00 TOTAL DUE: ?58.49 POT A. Co TRUCKING PAGE: 1 ?EIMIT NO. 356 P. 0. BOX 4 (~03) 357-4848 DATE 08/01/91 ACCOUNT NUMBER 0730000 S T A T E M E N T FAMILY THEATgE'S ATTN DAVID EMA'MI 104y SW SAS-:LINE x3420 HILL»ORO. OR 97123 r~ T:RUCK DUMP YA~MHILL MSO TRANSFER OEQ ORPHAN FGE TOTAL ATE 13 TONS F•=E F=E FEE FEE FEE FEE FEt CHARGE 16/91 000-u000-CJ 4.98 103.68* 23.90* 64.74 95.378 2.49 .00 2.49 293.17 30/91 000-1000-00 ?.19 66.42* 15.31* 41.47 61.41* 1.60 .00 1.60 137.81 3.17 R=-UT NON-T,4XA3L=: 01 .00 105.21 .00 4.09 .00 4.0y 114.39 CURRENT TAXA3LE: 170.10 39.21 .00 157.2°. .00 .00 .00 366.59 CURRENT CHARGES & FEES: 480.94 CURR=NT 5% METRO EXCIS= TAX: 19.24 500.22 ADJUSTMENT + OR .00 TCTAL THIS MONTH ONLY: 500.22 (NOTE: _ METRO EXCISE TAXA9LE) KELL, ALTERMAN & RTiNSTEIN RAYMOND M. KELL CLIFFORD B.ALTERMAN ATTORNEYS AT LAW TED E. RUNSTEIN SECURITY PACIFIC PLAZA (1911-1261) LEE DAVIS KELL,CPA• 1001 S.W. FIFTH AVENUE, SUITE 1600 TELECOPIER NUMBER WAYNE D. PALMER PORTLAND, OREGON 97204-1134 (503) 227.2990 LLOYD R. SUMMERS WILLIAM DICKAS TELEX NUMBER TELEPHONE (503) 222-3531 GARY P. COMPAS 4937755 KELMAN CHARLES R. WILLIAMSON ALSO ADMITTED IN MARY ELLEN PAGE FARR t CALIFORNIA ERIC SOGGE tt HAWAII ttt WASHINGTON DEAN N.ALTERMAN DANA L. BARNES ; LL.M. IN TAXATION TINA-MARIE BASKIN LARRY J. GRANT-* JUDY SHIPLER HENRY JULIEA.LEVIE November 6, 1991 THOMAS J. MATSUDA*. SUZANNE C. PICKGROBE NOLAN M. SHISHIDO HAND-DELIVERED City Council City of Tigard, Oregon 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Attention: Loreen Edin Re: Comments from Franchisees Amendments to Solid Waste Ordinance Our File Number: 4850-18-E Dear City Council: The following summarizes the solid waste collectors' position on specific proposed amendments to the City of Tigard Solid Waste Ordinance. INTRODUCTION: Our office represents the three (3) solid waste franchisees for the purpose of working with your Solid Waste Advisory Committee, the Staff and the City Council to develop amendments and positions on the Solid Waste Ordinance. The amendments proposed by the Solid Waste Advisory Committee have been approved by the franchisees„ The franchisees have worked with the Committee to develop these amendments. The final step is the approval of the amendments by the City Council. Any amendments not approved by the City Council will continue the Ordinance as presently written. The franchisees realize the City Council may propose other amendments. The franchisees welcome proposals from the City Council and commit themselves to work with you to come to an agreement. KELL, iALTERMAN & RUNSTEIN City Council November 6, 1991 Page 2 Solid Waste Franchise System Almost every municipal area in the State of Oregon regulates solid waste collection with a franchise ordinance similar to the City of Tigard. The State of Oregon solid waste management legislation is based on a local franchise system. The catalysts for developing the new franchise system for the City of Portland were the state recycling mandates. The State requires we reduce our dependency on landfills and reuse our resources. To accomplish these goals, there must be a state regulated disposal system. Disposal systems are the creation of the State of Oregon or the regional governments such as the Metropolitan Service District. These systems require a consistent and uniform collection system. The state law looks to the local governments to provide that collection system and the rates to pay the costs of recycling. Recycling levels for communities in Oregon are mandatory. A regulated collection system is the best way to assure compliance. Regulated collection is also the best way to assure garbage is removed from the community in a sanitary and safe way with a minimum of nuisance and pollution. The trade off is a guaranteed rate of return for the solid waste collector who must comply with local collection requirements. If there was not a franchise system, an unpredictable number of large trucks would be competing in each neighborhood for individual customers resulting in increased pollution and health and safety hazards and a decreased level of service resulting from the need to cut costs to meet competition. A strong regulated solid waste collection system is a win- win situation for the City. The collection system is reliable, modern, safe and sanitary. Pollution is minimized by the number of collection vehicles, and the sanitary collection system. The City is removed from expense because complaints are minimized and there are only three people responsible for removing waste. The City can contact and work with the collectors to assure the needs of the City are continually met. t KELL, ALTERMAN & RUNISTEIN City Council November 6, 1991 Page 3 Self Hauling of Garbage by Commercial Generators. The present ordinance allows any person who generates solid waste to haul that waste to a disposal site provided they comply with state and local law. The amendment limits how the waste is to be hauled. The amendment limits a generator from hauling waste in a vehicle with a gross vehicle axle rating of less than 10,000 pounds. This approximates a one ton truck. The restriction does not effect the small business owner. The amendment limits the use of city streets by a number of large trucks hauling garbage. The businesses needing large trucks to haul their own waste include manufacturers with several plant sites, retail chains, theatre chains or automobile dealers. By allowing large businesses to collect their own garbage in large vehicles, it is possible for the City to have several garbage trucks driving into the City to make one or two stops. The integrity of the solid waste system, including maximizing resource recovery and recycling, depends on the management of the entire waste stream as one system. If parts of the waste stream are removed from regulation, the effectiveness is hurt and the cost to each customer increases. The breaking up of the system also decreases the opportunities to realize City and State solid waste collection, disposal and recycling objectives. In addition, if large commercial waste generators are allowed to carry out their own waste, it will be difficult for the City to monitor and enforce the new State standards for recycling; the City will lose franchise fees; and there will be no regulation of: the time of collection, safety of equipment, adequate insurance coverage, legal disposal, and community health. Construction Site Hauling. The present ordinance prohibits any non-franchised person from collecting and hauling waste generated by others. Anybody can haul their own waste and the present Ordinance allows a contractor to haul the waste they generate from their work. Therefore, electricians, drywall contractors, plumbers, and framers can remove from the job site their excess materials and refuse in their own trucks. KELL, ALTERMAN & RUNSTEIN City council November 6, 1991 Page 4 The amendment continues the status quo by placing a contractor in the same position as a commercial generator: they can haul their own waste in small trucks. There is no restriction on the right to haul recyclable goods. The Ordinance only affects mixed waste that would ordinarily go to a disposal facility, such as a landfill. The Ordinance as it exists or as amended does not take away the work of persons who clean up construction sites. These businesses can continue to clean up the sites and can place recyclable waste in their own containers. The only controversy is who removes the mixed waste that normally goes to the landfill. The amendment proposed by the Solid Waste Advisory Committee clarifies existing law. The proposal by the Homebuilders Association attempts to legalize a presently illegal activity. f The opportunity to recycle does not change under either proposal. Both the franchisee and the construction waste collector can provide the same recycling services. The issue is how many garbage businesses should operate within the City of Tigard. Franchise Term. The following are reasons why the existing annual renewal process for a ten (10) year franchise term should be continued: 1. The City and franchisees have always been able to amicably resolve their concerns. The regulation and collection process is state of the art because the City and the franchisees have worked together. The franchisees understand and respect the franchise as an ongoing privilege. 2. In reality, the City is presently granting the franchisees a new ten (10) year franchise each year. 3. The franchisees are motivated to maintain the highest level of good relations with the City to assure continuation of the annual renewal. Problems and innovations are addressed as they arise. The City has an annual opportunity for review and revision rather than once every ten (10) years. The opportunity for annual franchise review is lost with the removal of the annual renewal { provisions. KE;LI.., ,A i TERmAN & RvNSTEIN city council November 6, 1991 Page 5 4. The annual renewal gives the franchisees security to enable continuing investment in state of the art equipment and practices. This allows the franchisees to remain current with all federal, state and community solid waste objectives. 5. Lending institutions are more willing to provide capital for improved services and equipment if the franchise is continually renewable for a long term period. Thank you for this opportunity to summarize the views of your solid waste collectors. Very truly yours, Lee Davis Kell LDK:dmp cc: Mike Leichner Tom Miller Larry Schmidt T I GARD AET i s s r i r / COUNCIL AC;ENDA ITEM No. q MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Loreen Edin, Admin. Services Manager~-Q- DATE: September 27, 1991 SUBJECT: Solid Waste Ordinance Update The City Council opened a public hearing on the Solid Waste Ordinance June 25th. It has been continued to 8/27, 9/24, and now 10/8 to allow time for additional study with the Solid Waste Advisory Committee (SWAG). This memo will highlight the activity which has occurred since September 24th and the final recommendation by SWAG, the Haulers, and staff. RECOMMENDATION: SWAG, the Haulers, and City staff continue to agree on all language in the attached ordinance except for the following two items. Billing owners Section 11.04.090(N) be amended by deleting the last two sentences which allow the billing of owners. Current language has Ballot Measure 5 impacts. This amendment would remove the City from mandating owners be billed on delinquent accounts. However, this change would not preclude haulers from billing owners as a regular business practice. Compactor Annual Insuections Staff recommends the owner of the compactor be responsible for operation and maintenance of the equipment. Delete requirement for annual communication with permit holders and random compliance inspections by City staff. Recommendation would delete Section 11.04.105(N). By creating such a regulatory program, the City would assume the responsibility of training staff to conduct adequate inspections. Along with the staffing impact this creates liability also. It appears to be most cost effective and offer the highest degree of safety to citizens to allow haulers and other citizens to notify the City if compactors appear unsafe or are inoperable. Haulers service compactors at least once each week. RECENT ACTIVITY: Home Builders Association (HBA) Proposal Staff held a meeting with Charles Hales of the HBA, Gerry McReynolds Tigard's SWAC Chairman, and the City's Legal Counsel to discuss HBA's language proposal. SWAC determined at their 9/23 meeting that their intent was to allow the generator of waste at construction sites to haul their own mixed waste. The attached ordinance allows all contractors to haul their own waste but limits the size of the hauling vehicle to 10,000 pounds gross vehicle axle weight (the normal rating for a 1-ton truck). Land clearing was exempted from the vehicle size limit. Generator Hauling own Waste SWAC determined that their intent was to not limit the size of vehicle used by governmental entities to carry out their operations. This is included as an exemption to the vehicle weight limit. ( le/sword } The Cite of r f = , • _ 1 4 r ~ ~ r i . I"" . ~~~~CHiS r - t _ _ _ _ ~ r Ord , 9 1 - - 1 j - s , t ` . ;t r T-' ~ t i fi F ,T • r / ~ e~ [i A r R ~ J J U 1 1. / /I 1~% r ~ 1 7 ' - L J i~ ' i ~ r z r ~ r i r \l ° e it l W ) r\ r I t 01g11e1 Iola d nap nprnee- leliae <onpf lel Ip lle Cild el Tigard etilitioq ieogre- ~ phie Ielernelion Sgelen 615) eeT Lere. In1ar- i~ oaken pertraged lore n ! neT le let nded to le 1 ueel ei lh eddltioeol ~ N 0 R T A teehe ieal andJor L Interpretolire data _ ~F•ej ~,d4 ` I eo date rni ned ly ~,6 ~ t N Ci t7 al Ti9ord. (YPtlSTECL) i, 6~ 0 3800 (09/10191) 11-19-91 AGENDA #4 1 OF 1 ~ , ,r, _ r ~ - r ~ . ( .aw . ~ , > ~ .ti Fa N..~ may, y~~! y~ 1 :s. ~ ~ Y i'. ~ r a. Y • J r.. _ OF-]IE UR101M1L , L ~ . • r'; x'::.. . . ,:,4 i y.. - ~ ` _ ~ ~ _ . - i _ _ ~ i w . o-.~, r i „i . ~F w,. ~ o . . , d. . ~ "1 _ 5( ~ ,,.fi.: :~,i .w v. ..r . .~w L ,J"v, _ ~ ~ ~ ~4 nl~ ' y,. 1 ' ~ i 1 ~ ~ ` i,. 3, ~1~t ~ ~ - ti yx~'~~' ~ ,4, COUNCIL AGENDA ITEM N~VFMg~ f~f CITY OF TIGARD, OREGON Septe Pet 2 s, COUNCIL AGENDA ITEM SUMMARY AGENDA OF: ±Wupt--Zy, 1991 DATE SUBMITTED: August 16. 1991 ISSUE/AGENDA TITLE: Solid Waste PREVIOUS ACTION: 6/25/91 Council Ordinance Amendments - Public He Continued Public Hearin to 84A7. PREPARED BY: Loreen Edi _ DEPT HEAD OK CITY ADMIN O REQUESTED BY: City Council ISSUE BEFO THE COUNCIL Council has historically determine that solid waste services should be provided by franchise holders. Vario s policy issues to be resolved prior to formal amendment of the franchise ordinance are set out in more detail in the attached staff memo. INFORMATION SUMMARY At the 6/25/91 Council meeting, council opened the public hearing and continued it to 8/27/91 to allow for additional input from various organizations. This also allowed additional time for the Solid Waste Advisory Committee (SWAC), haulers,, and staff to come to agreement on a recommendation for various policy and process changes. In supplement to the original packet submitted 6/25/91, the attached ordinance represents the Solid Waste Advisory Committee's recommendation to Council for adoption. SWAC and Staff have differing recommendation with two policy issues, namely, the haulers' ability to bill owners, and the compactor annual inspections. The attached memorandum outlines in more detail the status of each policy issue and process issue since the last Council meeting. It is still recognized that the ordinance will need to be revised again in the near future based on industry changes and pending state legislation. A resolution is also attached for adoption after the ordinance which will set the fee for the compactor permit process. ALTERNATIVES CONSIDERED 1. Adopt ordinance & resolution as presented by the SWAC. 2. Adopt ordinance & resolution as amended based on staff's recommendations 3. Give further direction FISCAL IMPACT 1. Efficiency savings with better defined roles and tighten control in service & enforcement delivery. 2. Same savings noted in #1 plus additional staff efficiencies. 3. Unknown SUGGESTED ACTION Option #2 - Motion to adopt an amended ordinance based on staff's recommendations. Motion to adopt resolution as presented. F le/ms MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator n FROM: Loreen Edin, Admin. Services Manager DATE: August 16, 1991 SUBJECT: Solid Waste Ordinance Update The City Council opened a public hearing on the Solid Waste Ordinance June 25th. This hearing was continued to August 27, 1991 to allow time for the Solid Waste Advisory Committee (SWAC), the haulers, and staff to resolve differences in recommendations and encourage more input. This memo will highlight the Committee's proposed language changes (included in the attached ordinance) and those areas of difference between SWAC and staff. HIGHLIGHTS OF COMMITTEE PROPOSED CHANGES • ALL SECTIONS - Cleaned up incorrect names, titles, addresses, and made references gender neutral. • DEFINITIONS - Deleted "compensation", added "compactor", "curbside", "customer", "director", "placed out for collection", and "solid waste management". • WHO CAN HAUL WHAT? - Changed language throughout the ordinance to better define who can haul solid waste. This was the area of most controversy throughout the review process. The proposed changes accomplish the following: • Allows waste to be hauled by generator in vehicles of limited size. • Tightens definition of "contractor" in construction site clean-up language which would not allow third party haulers to haul mixed waste from construction sites. • Exempts from the franchise those materials that are source separated by the generator & sold at fair market value to a third party hauler. "Fair market value" definition is being defined statewide now. • Defines who can deposit or remove material from containers. • AMENDMENT PROCESS - New language defining amendment process-to ordinance • LIABILITY INSURANCE - Updated to require $1,000,000 limit with indemnity provisions added and the City named as additional insured. • RECYCLING ENCOURAGED - New language added to explain State law mandates. • NOTIFICATION TO CITY - New language requiring haulers to notify City if customers don't meet container or compactor requirements. • COMPACTOR RULES - New language requiring a site permit for compactors. Language also requires annual review of compactor operation and site visit by staff for safety compliance review. C PENALTIES - Changed from misdemeanor to civil infraction. ( POLICY ISSUES FOR COUNCIL CONSIDERATION • GENERATOR HAULING OWN WASTE - Does the City desire to limit the way waste is hauled by the commercial generator? Historically, Council policy has allowed the residential and commercial generators of waste to haul that waste as long as the hauling is in compliance with requirements of state and local law (i.e. protecting public health and safety). _Recommendation: AGREL!MENT SINCE 6/25/91 - The Committee, haulers and staff recommend limiting the vehicle size which can be used to haul solid waste. See Section 11.04.040(D)(1). If large portions of waste leave the City's waste stream it will be more difficult to comply with SB66 as well as increase costs to the solid waste rate payers. • CONSTRUCTION SITE HAULING - Does the City need to limit the definition of "contractor" as it relates to construction waste? Recommendation: SANE AS 6/25/91 - The Committee, haulers and staff recommend changing the language to more clearly encourage recycling of construction waste in 11.04.040(D)(2) & (7). This would prohibit the hauling of "mixed" waste from the site by anyone other than the franchisee, but would allow source separated materials for recycling to be hauled by third party haulers if the generator was compensated at "fair market value". This is in keeping with state law. • FRANCHISE TERM - Does the City desire the ordinance be automatically renewed for a 10 year term each January? The ordinance provides for automatic renewal of the franchise on the first of January of each year for a 10 year term, unless the Council acts to terminate further renewals. Since the franchise ordinance is a contract, the Council has the choice of (a) leaving automatic renewal as currently stated, or (b) exercising its authority to stop the automatic renewal effective next January 1st. The Committee, haulers, and staff felt a section should be added to better define the existing ordinance amendment process since more amendments are anticipated due to the changing nature of the solid waste industry and governmental regulations. Recommendation: AGREEMENT SINCE 6/25/91 - The Committee, haulers and staff agree to recommend language be added to formalize the current practice of the City and haulers initiating ordinance amendments as they deem necessary. A review by the Solid Waste Advisory Committee and public hearing before the Council would be required prior to any amendment adoption. Some sections of the ordinance require the haulers to agree to amendments while other sections require consensus of the Council and haulers before amendment is accepted by haulers. Language added to 11.04.080(C). r L i • RATE SETTING PROCESS - Does the Council wish financial reviews of the haulers' businesses as a method for obtaining information for the rate setting process? Recommendation: AGREEMENT SINCE 6/25/91 - The Committee, haulers and . staff agree to recommend language be added to allow for the use of financial reviews as a method for obtaining information for the rate setting process. See 11.04.065 for new language. • HAULERS' ABILITY TO BILL OWNER - Does the City wish to continue allowing haulers to bill the owner of a multi-unit rental for services provided to the occupants of the facility? The ordinance provides the owner of a multi-unit rental can be billed and primarily responsible for the services that have not been paid by occupants. City's Legal Counsel has concerns that this arrangement creates a potential problem with the charge for solid waste disposal services being classified as a tax for the purposes of Ballot Measure 5. Recommendation: DIFFERENCE OF OPINION CONTINUES - The Committee and haulers recommend existing language be left to allow haulers to bill owners through ordinance authority. Staff recommends Section 11.04.090(N) be amended by deleting the last two sentences which allow the billing of owners. This amendment would remove the City from mandating owners be billed on delinquent accounts. However, this change would not preclude haulers from billing owners as a regular business practice. • COMPACTOR ANNUAL INSPECTION - Does the City choose to engage in annual notification and inspection of compactors? The ordinance draft provides for ongoing notification of compactor owners and annual inspections by the City. Recommendation: DIFFERENCE OF OPINION CONTINUES - The Committee and haulers recommend the ordinance require City staff to do an annual notices and inspection of all compactors for safety and health reasons. Staff recommends the owner of the compactor be responsible for operation and maintenance of the equipment. Delete requirement for annual communication with permit holders and random compliance inspections by City staff. Recommendation would delete Section 11.04.105(N). By creating such a regulatory program, the City is assuming the responsibility of training staff to conduct adequate inspections. Along with the staffing impact this creates liability concerns as well. The program is not required by law and is optional whether the City chooses to actively involve itself in the regulation of compactors once the siting permit is issued. Since haulers see the compactors at least once a week when they collect waste, it would appear to be most cost effective to have haulers notify the City if compactors appear unsafe or are C inoperable. i ay `s 7 P • PENALTIES - Does the City want to classify a violation of this ordinance as a civil infraction? The ordinance draft provides for a change from a misdemeanor to civil infraction. The civil infraction process still has, under ORS authority, the ability to maintain criminal sanction for the few offenders who do not comply. This process would relieve the City of the financial burden of court appointed counsel, trial by jury, and burden of proof on the City "beyond a reasonable doubt". Recommendation: SAME AS 6/25/91 - The Committee, haulers, and staff agree to recommend a change from a misdemeanant to civil infraction process. Revised language is in section 11.04.180. PROCESS CHANGES - the follwing process changes would streamline enforcement. • NON-PROFIT COLLECTION PERMIT PROCESS - Should the City delete the permit process for non-profit, charitable, and civic organizations to collect and recycle waste on a non-regular basis? Recommendation: AGREEMENT SINCE 6/25/91 - The Committee, haulers, and staff agree to recommend deletion of the permit'process. This process has not been used to date and, if required, would be time intensive for staff and the applicant. See Section 11.04.040 (D)(13). • ADMINISTRATIVE RULE APPROVAL - Should the City charge the process for adoption of administrative rules from City Council to City Administrator with appeals of staff decisions going to Council? Recommendation: AGREEMENT SINCE 6/25/91 - The Committee, haulers, and staff agree to recommend administrative rules be enacted by the City Administrator unless haulers disagree with rule, then rule goes to Council for consideration. Modified language is in Section 11.04.160(A). • ANNUAL REPORT ADOPTION - Should the City delete the ordinance reference to the annual report form attached as an exhibit? Recommendation: AGREEMENT SINCE 6/25/91 - The Committee, haulers, and staff agree to recommend deletion of the ordinance reference to an exhibit and adopt the annual report by administrative rule. This will allow the form to change periodically as the County's annual report and the industry changes without requiring an ordinance amendment. Modified language in Section 11.04.090(E)(1). le/sword CITY OF TIGARD, OREGON ORDINANCE NO. 917 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 11.04, SOLID WASTE MANAGEMENT, OF THE TIGARD MUNICIPAL CODE. WHEREAS, the Solid Waste Management Ordinance has not been substantially amended since 1978; and WHEREAS, there have been major changes in the solid waste industry as well as in Oregon law and Metro regulations; and WHEREAS, the Tigard City Council requested the Solid Waste Advisory Committee (formerly Utility & Franchise Committee) and staff to review and recommend necessary language modifications in response to the above noted changes; and WHEREAS, the Tigard City council began public hearings on June 25, 1991 to allow public testimony on the proposed amendments. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code chapter 11.04, Solid Waste Management, is hereby amended as set forth in the attached EXHIBIT "A", which by this reference is made a part hereof. SECTION 2: Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. SECTION 3: 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 vote of all Council members present after being read by number and title only, this day of , 1991. Catherine Wheatley, City Recorder APPROVED: This day of , 1991. Approved as to form: Gerald R. Edwards, Mayor City Attorney Date ORDINANCE No. 91- Page 1 CHAPTER 11.04 SOLID WASTE MANAGEMENT Sections: 11.04.010 Title for citation. 11.04.020 Purpose, policy and scope of chapter provisions. 11.04.030 Definitions. 11.04.040 Franchise--Granted to certain persons--Scope of Regulations. 11.04.050 Franchise--Term--Automatic renewal when. 11.04.060 Franchise--Fees. 'j ~~yy..yy .x.{r },j YY3'~3yy} 3iS 35 .33'1,:};.ji.:•:e~.3••:k•.•i :i 11.04.070 Responsibility of franchisel. 11.04.080 Franchise--Transfer, suspension, modification or revocation-- Conditions. 11.04.090 Rates for service. 11.04.100 Container requirements and collection limitations. ..x..3..,3 w. N, w.:..:::. : ASH..... 11.04.110 f Offensive wastes prohibited. 11.04.120 Unauthorized deposits prohibited. 11.04.130 Interruption of franchisee's service. 11.04.140 Termination of service by franchise. 11.04.150 Subcontracts. 11.04.160 Rules and regulations. 11.04.170 Enforcement officers. 11.04.180 Violation deemed misdemeanor when--Penalty. 11.04.010 Title for citation. The ordinance codified in this chapter shall be known as the "city of Tigard solid waste management ordinance," and may be so cited and pleaded, and shall be cited herein as "this chapter." 11.04.020 Purpose, polite and scope of chapter provisions. {,s}rs It is declared to be in the public interest for the city of Tigard to establish this policy relative to the matters of solid waste management to: {-1} Provide sufficient waste volume to sustain solid waste management facilities necessary to achieve resource recovery goals established by the city, county, State Department of Environmental Quality and Metropolitan Service District; +9+ Provide the basis for agreements with other governmental units and persons for regional flow control to such facilities; Insure safe accumulation, storage, collection, transportation, disposal or resource recovery of solid waste; Insure maintenance of a financially stable, reliable solid waste collection and disposal service; ~S} Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; Revised 9/23/91 Page 1 1 f6~ Prohibit rate preference and other discriminatory practices which benefit one user iffim at expense of other ~ee-# of the service or the general public; {7~ Conserve energy and material resources; f8~$>x':. Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; f9}9 Provide standards for solid waste service and public responsibilities; and {-1$}7<> Provide technologically and economically feasible recycling by and through solid waste collectors. {b7 No person shall: {1} Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the City of Tigard; +2- Accumulate, store, collect, transport, dispose of or resource recover solid waste except in compliance with this chapter, other city es rciai3ees, and Chapter 459, Oregon Revised Statutes, dealing with solid waste management and regulations and amendments promulgated under any of the foregoing. 11.04..0300 Definitions. d (e)-'8empensatlest" means a zE•r-inelmzeo R) Any type of eensid•eretien pald fers serviee, €nelt*ding, wlthettt- limitntinr enter lease p dents and a" atheE direet eE indir-eet r geeds, se- lees e- benefits by eweeLas, tenants, lessees , eeettpants of ImI &E p ersen,;= r (2) The emehange ef-seEv}eea between Perseus; and- selid-waste the per en previding-the seiFvlee eLr €r-em thepe35sen L b ;ng `i :Flee -tie-the-per- 3r- pessessing-i - waste. "Council" means the city council of the city of Tigard. nv. .:}<:•:C:;i:•:•::v„„ is u,;•: .i: ba, t#:::, ..::.::.r.: ~cx ~.d ~ta fvm. .Nraa~~,~ ~t~s~~::.N; :::w c t 2 a 0a~::::~.cx:~::::~~,~:~v~c~e:•v~::>;~ii~:0~U.A.x~.::: ccts X'M (~~'..~i''.~','.'`:::'::.x'>i'_::>:'<:~y':•:::~_:is~i^~},,<~::::::::#i3:::`i>:'y::..;.'r>:_r.:!#::::;fi%sisi::ti~:':';:::vy::,::yq'~~:':.y~<.:ay::i2': : .::o:;:::, :.%•'r:;%tt ,~•ry;.< ~i EYrJ ii 'i Ni .~i r~kn v'Cr` i, f~rJ,T1~r~F;,:.. 5- a i :e Fr' , .,:iii7 .,•rr. Revised 9/23/91 Page 2 ....w.:v::r.•:vnv:::...;.w::::•xrw•:vnw:n•.•.vu •::::!n•.u•.v,v::nynv.}v, •w^w:nvr,::v:+n:•.•.•:.:•.»w.:}vn•••.v::G'y.}vy.},}vr~r:n,.•x.{nfi v}ui'.:::. •Y~t^:ir~.•~,,, xv.{:•.•vv ,,.n:......,. x..: {:•I .:`:•a.G#.r. :>v:, :•pi~;3:,• w{5. ,iuv::y;isb{.£''.^•.~.:fi^x';:,`.Y2;`^iJi~~" •x~i.'•.t: ?r ^4 y '~~2~^n .y n~5,v; :f~"c': :}inn 'xnyiri:l"~.'.~<. G: ,nj~i.Wif~~.L.iJ,r., .t.. i. +ni...~i.:~w ;i.A::: wy~{n~.N:G}yr..v.....u..t{tl{•TTbyv^}~t{.vt:2•:CY.•:::M:h`t.S.~GS:....rkt{J:...n..hS~GT: •},`!.n..S.. f...Y....,.'{n.h ...••:•:::•••:rv:•••••:•••••.••...v:••••....•;..•••••••••Y4yY••ii2•w.:2.%J:}:.:iL}:G:{{.:w:iti:G:2:ri••f"{;L.:;Jrii~'~i:<.k{j{Ltii'ii{J:<:•;;vY;Xv:2"Yh4Yv}TG:G:"!i<N:}:2'~'.;J}'1nGh24ifiJ'l.\,v'•N^'G{.•w26n2yY:^,•~•'L}}r:<i'i i'n •7v:2{.:. ":;:¢lX ; .»wnyr. ;~!:7•"~ .~.•,'f'#:~w.' '~~1~~~~;~.~J. ' '•EKic~~>;5ii:~i~~'.•'S"`'"~h':'~'~'i'~:~C' Y.t '~ii"i~~ 2ri:Q E~sstt .i~~..•~•~1n~..~nw#~'t: w}><..E#~#'#~..:.i l.~w:y::uG',}y:r•:iv •3J~'T~:lli~k~ynr~rtr~~'h . ~rvx:; ux a.;.{tG:{t<.}:{J}T:•}:.`.tiiiJ.<Gn.:Gx..•,::r:}:.;..;<i; '`~,+r~,mu' rra:....n..2iJ:auto:iGa~•!.s}}.:«ttG;^:{a•.YLmtar.:~ok:CGy.2iu•» '{<?:i:xri:tt!n}:ik:i: iii!.ri:iiiF±v:}i>Rv'•^ii•,.~v?'4J.:M},v,{Jttli.:.v,.:'p2y~i:.}::I.. rn%n......... J:G:ii... ~.vx, xm•+:i>:~. i!ry:i~: t{.}LV i;r:. iirGkz••.;: fir: M.10 } 1~:.~ "<....'7!~"I&~~.:.. i:•:iFi::{:.: .:.Gi!3iin :}~}::x.v....:7;•~,vnr:.:{wrmwr.:.v.rv.v:nti:r:m.c:rJ.rw.v..uu~,»w^x.nxmm.nGi3.;,YV.»v.Yvnr.; fHr "Franchise" means the right to provide service granted to a person pursuant to this chapter. {}x` "Person" means any individual, partnership, association, corporation, W trust, firm, estate, joint venture or other public or private legal entity. .,.r.,.::::..nw:n,. ,.,:r:x:,r:.:n.:xw.r:,...,.,., ,..,:ir,»t:n.}:..:^.,.}y:}}}:!.;...i,;...~:{.t:.:{;::::.}yy.•..i~r< ~y~1y~y ~y :«~.,K,. ~Mi:: t'Gti' .'•rv:: ~ii~4S%i~ri~~:. i6C:i~~T. itI'','•..•.N:.Grn , lt,.~Y~, TKg1E,iY.'}i:~Tls:4i^. v..<w. inJ... .:.G:.{,•.:. »:.,;.G.m:,...: !2~•rn..;.;<n}•.; .:,.Y•••}..x^:o•. } ~Y.:,v .xx y,~ .r..};~.i~ry{^~..n:A:t:yyQ..:J:iG,;r.}:r~!GY,.i2:"<'::.'^::;:^:F,"%`..•J."..::.:{..{'f+«:•2`N?h^: G:.::^:Y.' vi:^:.:::;Y.;.:; 1,I,.;~l1N;MAV:ii'irri. .~i}}}ii~'<'•r"~2•+'H=~•ir~•x'+y{+f,.:.}:.t~.Jr:Y.mrwxx:F:vxrvvx::r:nvnv.:vm::.:::^.rnvnvi}:.wxnmw:.::v'.in::..w ~xuw:n x.rn n+n• r. ^UxM M•viv:::,' Nrr ~~,..1Y3YA}iv> +e4 ex "Putrescible material" means organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste and including energy recovery, materials recovery, recycling and reuse of or from solid waste. {-g} "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products lose their identity. Reuse means the return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. ..Service., means the collectiori=~.*< a~d transPortation t :,:}:}}:};fix}^r:r,:vr}}>}r:><. h...,.:., -}M't 2" of solid waste:`: {}ts> "Solid waste" means all putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, wastepaper and cardboard; residential, commercial, industrial, demolition and construction wastes; discarded home and industrial appliances; vegetable or animal solid and semisolid wastes; dead animals,atr#~f'ss . and other wastes. For the purpose of this subsection, "waste" means any material that is no longer wanted by or is no longer usable by the generator, producer or source of the material, which material is to be disposed of or to be resource-recovered by another person. The fact that materials, which would otherwise come within the definition of "waste" may from time to time have value and thus be resource-recovered does not remove them from this definition. Source-separated wastes are "wastes" within this subsection. +2+: The term "solid waste" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 454-+ Revised 9/23/91 Page 3 Y )V. 1 t : W,.~:y:.~.y:. '::$j,3};}•>~ $:}:f :::...::.::..:.....,:..:}}r;r.;4••.}:{;.s •}:4.'i.!:•}}}}}:.:: i:3.......:4:::: .n.R..... . .....::::!!A>l%:!7.~:~~:,~:^~,~{'' ;y .n.r}y}y N} lFi ::443:•x;4«SSn•:: r.. • ; r.,:,..4:::.. r r..:...:.......> ~~x . ..'.~tl ..:...:~S;vv.:~....}:v:•,^:::v:.•.>.•~::;r:.}*..;:r.yf.r.v.4:n,n.,:..n.»..::...x..4.l.,v:: x: i...: 4..3 .n_~:: rv.:: u•}r r . .r`.: .:..n.xr.,•r r,.: ..!!5: .r.u' .......:.....:.1.,.........~...•,.}~.',~,.`7: .Q t.'i. ,~1'~.;y. .;~^~.v,:~.ji ':(i': ~L;i;:} r:p....::~..`3,::xy~,. N : ~y y ,7~ a?#... w7~l.v ~3•.!i;M . ..~x~..:~..,'~' :'ix~S-L'~.,:~~~. S:~Y•::ij%%'a:..Fi lk.{ µ`~,,:r 14x4.>^•4;3:in;:$u;}:,,uvSY;?}: ^:4•}}:u: ...!•.,.v4 i:., .v:.a.::::.... : ....u...... :n.,......: r::....... n:•:., n .......:.....•:..:::,n..::.. r4.yn:4444:%4•:: 4•}}}..:.,:.};:..::n„>,,:: ;,:J.,.::.44.3:.,4.;.•.:..::. :.arn•.Sx:•.3:3 ..,,i ::..n:v.. ......:;4::•::. .x,:. ;•v: .::4.; .f 4+: x:nw:4:4. "SY,. S.v 11.04.040 Franchise - Granted to Certain Persons - Scope of Regulations, {ai„ Subject to the provisions of this section, this chapter, the city charter, and any amendments to these documents, there is hereby granted to the following persons an exclusive franchise to provide service within the exclusive area shown within a map of existing franchised areas on the effective date of the ordinance codified in this chapter, which map is hereby attached hereto, marked "Exhibit A", and by reference is hereby incorporated herein. 44* The franchisees are: {~-}x Area I. Pride Disposal Company, Lem-" Leichner, President, P.O. Box 9348.2., Sherwood, OR 97140; {-2-} Area II. Miller Sanitary Service, Inc., Thomas Miller, President, 5150 S.W. Alger Avenue, Beaverton, OR 97005; 4-3+ ± Area III. Schmidt's Sanitary Service, Inc., 4e Schmidt, President, 8325 S.W. Ross, Tigard, OR 97225; {e-} Where any area is annexed to the city of Tigard and the area had been franchised by Washington County for solid waste collection service prior to annexation, the county franchise shall be recognized as to the area; but service, term and other requirements shall be those of this chapter. If the area was franchised to any of those listed in subsection {b-} of this section, the area shall be added by the city manage- amendment to "Exhibit A." For persons other than those listed in subsection of this section, an acceptance of franchise must be signed and recorded as provided in Section 11.04.070 of this chapter. '(d+1}? Nothing in this franchise or this section shall: Prohibit an person from ::ticfsxs `<'€a transporting ::<~}::,.:,..:;:.n>}}}:.;:4::...},:4.::.,,}:o;}: Y.,','`,w•,.::.4.}:;~:<:,:4.:.:4:<.:~.,.,,.:4<...:S:r:.::.>,<5::.:., .:::.:.:.:..:::::n~:P,.n.:::::.:4.,:.::.::.,~:::.:.r:::.,,,.....°,::::::::,~:.. `.p::: ~~~.'.8~:~~~v?Y@ia;~~} ~~°s'gee-fig ~ resource recovering waste produced by><P'x< so long as he- complies with this chapter, other city ordinances, and Chapter 459 Oregon Revised Statutes, dealing with solid waste management, and regulations promulgated under any of the foregoing. For purposes of this subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by such person and not by the landlord, property owner or agent of either the landlord or ro ert o e P P Y :►,:3,.:4;;;3.::;.:..;.::;44:::::~ ~e~':~#'~.~; .4ti:~:.:}»:.}::;:.}::}}:•::".:}:.v}»::.},:.:..>":-}}:• v: }::::v>:.}} }}}:4:.,:.:33}:,:.::4443;.}.:}}.:3.:.,•:.,.:: } :w:;: ..::.w nv v: r.n•:.un•: nn.:::.u.:.v: ::.:::;v •:::C.r »::.,J:. Revised 9/23/91 Page 4 R1G~''i'~•'.nw T.u:f.~'~}'~•:'.v~in.w~+nr~G:L~{:iyi~:~~'Y{f:i .vrµ,,~~~~yy y yyyyyy}}..yy yyay y, wi:{:..avµ •.k ::~:r~ :•T+u:.mw~ „LA:YiiA~R>±±yy~~+~~.s~'P.(1,+'+:4Ci:i:$Y •`^'.'.'w:5h+•..:AT.F:1:•~~' f y~ .fib ..~•Yr l.rp:p,,...""!;`.,5. ~ .u~,~~, •'~~,:,.Y`>2:~;, YS'.alsr.+,:•~ ~i`. x.:..l'x:;Yv.: ti^'{:;n. : ;.;',.::VV.>.. ,+~vt5{•:.;{Y.{:L{.•{{::L•ii:....C .....n.... r. ~ti....::.SV.SL•:Sry::: T.,~.•{~%•.+S:v.•n::'/.nn0~•Ji: ':~,.yr~~,.~;.,•`rf,~,.~1'.+iis~:~i{iy~.:,!H~',lit~r<?~r~i',':~,uFiF~~~u`f (2)N' Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings; Prohibit any person licensed as a motor vehicle wrecker under ORS 481.345 et seq, from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts; Prohibit the city council from withdrawing certain solid waste services by amendment to this chapter on the basis of a finding that such regulation is not necessary for the implementation of the purposes of this chapter or a city, county or metropolitan service district solid waste management plan; +§}n Prohibit any person transporting solid waste through the city that is not collected within the city; ell'sh, eetts-° , remodel k••- 7 din er- atLauet~irrs_irir ludisi bu e 1s s a land l s a ~ b 6 r eeneeetlen with saeh employment in egelpmear: evened by r: Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations; {538= Prohibit the operation of a fixed location where the generator, producer, source or franchised collector of solid waste brings that waste to a fixed location for transfer, disposal or resource recovery; provided, however, that the establishment or maintenance of any such location brought into being after April 1, 1978, shall be only by permit issued by the city administrator; t Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459; G)j Prohibit a person from transporting or disposing of waste that he produced as an incidental part of the regular carrying on of the business of janitorial service; gardening or landscaping service rendering; are pur, f}~} Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 4-59j provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter; 1 Revised 9/23/91 Page 5 t,• f i Prohibit a nonprofit charitable, benevolent or civic organization from recycling zf waste$ provided that such collection is not a regular or periodic business of such organization'4T k 'G and [,~7~,v that,, fe all eb elleetle . ft -ApEll 1, 1977$, ».L 7 she!! be-ebt-ained gram the fimanehisee in the - to seed-ev that a peEmlt is obta°__ fEem `h a ty adminiBtEaeaE. ......:v:Nr:j;+r'i'...w:j; .........i wig A}}:i):v}}}%G)4}•i.':F": ...i.Y.. ~iiiA\..~t.,;. k,uU..'f.:....i4i..l'L}~~•ti•}}%.tii............ ..:3••::'Ww':4 re.'l got •}.jlG.S.Nn F., ~rJ ::rx M rr:... r.;. . nn:}::v »}~+n ')ii~:»i,. ••;:.rh t xxmm cj> •.•1.:. }}4,v, old.' ' :3 #::',.":k3g:':::::. j;`4~fJ•.`..`~Ef ::x..3~ FJ7:#... f?1:....... ,#.T,2;'~... ;n.~J~'c,:iii:~.; ..~#i•.,....:...:<,.,; • :.:}r .:.J. ~y v::/. ,..:<vii: h}:•.v }n3jw,.,w,.}~ ,rcf vyrS.v,».y,.n::'~.y }.:::n i,..., ,vn,wµ;v..}• ; S S' '>.•}:,SJ'•R.a$;#;..:. . , fin,.::. N > m: 0~~<s~~ NO I r:::r7:: . ii• ::C:vr ; l.. v .vh: » ~4:4~Y:',r MM YL' :.VM,f.. •rK.. .v~.`)}'; ~.i,M~%T' n~: n: ~ n~~lN:i nY.l.. n4n~:Lh'<0. •,.~{ry~.. '.1~t1r'.`: ~1~ .'3'~"'~#:2s} +{1 ri>:%:~?t"r !(•t .3i::. ;::fin .?~..i,,, ..i . .n . .i'.~p} ::::%}}}}%::.:;;;~ii•i;..•.:J}}Yf•r::h}:.:J::v: i:h}}}}}}:.}.. i::{:.;:i:.::Yi..}:}ii}i n:•: nvn~4•. ipv:ih.,v.!Qy.. v.:...:....,. ..n.:: n.. .v: , MM ij)Gi 4:iv ij}:.#:i; i:4}::};i:::}~% :v}n.j;'i.'u%}h,v: n~nv~::. n....:.,':: rcn:J:: u: :•nyv.v.w».i•. A{},mvi• `Y.•}w:••ryy..y:h::}. :~`4 . {~}'x Where a permit is required from the city administrator, it shall be issued only upon a finding that the service is needed, has not been provided by the franchisee or, in the case of fixed base facilities, by other persons. The City Administrator shall give due consideration to the purposes of this chapter. He may attach such conditions as he determines are necessary to obtain compliance with this chapter and may restrict the term of such permit. The permittee will comply with all applicable provisions of this chapter. {-€}?t Solid waste placed out for collection, whether or not source-separated, belongs to the franchisee when so placed; or, where placed out for collection by a permittee, belongs to the permittee. v.nw»:,vn•n.::::h}ii:'vvj;..}'r:.:y:J~'.;}::SS',::i::}::jjjjj::jj;:j}:i~:yjj5:.,;.,.:.;;.:{r:j:<:j~jjj:::!%j>ijLJ}:2:%}#R;:jh,;ii;}:i~'::j:^:v;:jjY%j{i'rij::$;ii'%ii::F%ij:}',::?:::ii:<ifiijj^7jijjj"i::i~:::}i:::Sli W...:C:>.< 7•:M:iF. ?~~~~:•:.~T1F .~:~TI.~n~:::::GRi}:::'t~~•:FRti~%iti~~~t.F/.~i}7t~1?'k;M:MI~Yti:•,:rc•]i:"}Tfili.~~:R.~TI!iti:::•`u;!1?•C.:~i:;~~ll',{:~~:~~i,.• ;.;©,.;~;R;.•:.rc.•.~:v;vnw.'•^.»» ~xn,..:,::•r.v.~~ „wii.}v:•n}:i.}:.~ rn».r::.}•:r::.,.n.:r::•:xJ:hyi.};x.}•i: i...}::n},v,.}yp}:~:.,:.,v..rh~.4 n................ f.................... .•,..,:•i)i}}:•%i})}:y:;•}:"'}:i}i}: Y:6}:;}}}}•i:!v}}}}}}i}}:••; :•••}}}:<n:}}:'•Y.itr.~~i::h}}'.p.%.Y;;•}i:.i}:;J:.}:•}:iKS•}:.}•::{.:i.i}ri Lh:!t"; ~.~yy }~'`ye~+{~ ~1y, ~.j.j.~ /~1/~ y~y~yv~i yyv~~:iyy?~ : • T4'. ~'.71!% ':lA31!•VIS•'R:~M'~~~y!'.V~N'h11 +y~ ~f .y`~' ~.~.r ~(yy y/ yy~~(y {v:~ `~~::`"+'1Sie3W.•~.~i~j". u v +y~L.....:::iiY.~Ri~:~i.^.`:}?IfJ(:i%:%:%Y.•)i1:•:%i:R:~iiFW:X.•.~.n ~ . . . .v. n. n.n.... m.v.....+....uvn.;: •v: n:,w::: •.::::»::»r: mx:>+:::::.•:»»:::u.w'r:`im..:w:::::»:.:.:~n:in}:!iii::mu.:.wn:;i.::.:im:i.::;.:;;:::v;.;.:[.vx.}wm}::•.:h:.:.:n:;iv.;;!;. :r.^:..:'..:..r...r:. .v:lx,}~i;.,}~C.:.,v.. ~.y.,h;n;::w.:•}:i::.<}.:::.yi..;:.)}•....:.yy:i;iin}}:':{.;Cyh}in:.;xri;.}}} ::i~:~•A'Fl.'~~'i~r'L,'.;~1?.::iaj}.>}>}}:;ih}:::.}.:}: }::..•>.,,,J»::.>:.::,,,`hih..h};:.:;:}}}}x;:<xh:~;'.•:i;hh~ wS}:o~.,`;:,.t Notwithstanding other provisions of this section, if the council finds that on-route recycling is technologically and economically feasible and directs that it be instituted: Franchisees shall be given advance notice of a hearing on the subject and an opportunity to be heard; +24',~` If, after the hearing and on the basis of written findings, the council directs the service be provided, the franchisees shall be given a reasonable opportunity to provide the service or subcontract with other persons to provide it; {3? If franchisees do not provide the service within the specified reasonable time, the council may issue a franchise or franchises for that service and limited to on-route recycling. A franchisee under this subsection {g}Vshall comply with all applicable requirements of this chapter. {.4}' Nothing in this subsection shall prevent the franchisees from instituting on-route recycling prior to a council determination nor from including income and expense in the rate justification section. Revised 9/23/91 Page 6 F 11.04.050 Franchise--Term-Automatic renewal when. {,g}r The rights, privileges and initial franchise granted herein shall continue and be in full force to and including the thirty-first day of December 1988, subject to terms, conditions and payment of franchise fees to the city as set forth in this chapter. (~}F Unless the council acts to terminate further renewals of the franchises herein granted, each January 1st, the franchises are automatically renewed for a term of ten years from Owanuary 1st ieatal__ . 11.04.060 Franchise--Fees. fa-} Effective July 1, 1978, as compensation for the franchise granted to each franchisee and for the use of city streets, the franchisee shall pay to the city a fee equal to three percent of gross cash receipts resulting from the solid waste services conducted under the franchise. Such fees shall be computed on a quarterly basis and paid within thirty days following the end of each quarter calendar year period. Each franchise shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from the solid waste services conducted under the franchise. Records shall be open at all times for audit by authorized personnel designated by the city administrator. {b-}J Wilful misrepresentation of gross cash receipts by a franchisee shall constitute cause for immediate revocation of the franchise, pursuant to Section 11.04.080 of this chapter. {-e- The franchise fee shall be in lieu of any business license or regulatory fee or tax, but shall not be in lieu of any ad valorem tax, imposed by the City of Tigard. Va. M- "Mat. WwmM AW. 1~ _ ~~aitcl3~,s~~ shah. lie aacux`a,~h Uv~~~s az~c# ~a~a~~3s>'~~~;a:~~t€?': ~o a~.~, a#~ ~~~3.~z~~~~~, ~h beaks ~ ~aaz~~d~ ~b~.~~ b~ ~x~~n..~a•::.~t~ec~~~,x~.:b3 '`h ~`+3 Itl#t &si C kYS~.`; :<a clete "'ta3c::r_::.>.,';;:>::r' S°;°;.;:::;.,,:>: >°::•::;:«.':;?x,,.;.,>r.:;.:::;:;;:,;;::::i';,.'.::::::a;;:`°:'=%">"::>{S`:: •;>t:; s rates, Ax..::..: n3~rh reg~zatar pupcs~eae:::.n,:tZ d~ xtoxt o ap;.,..t x ohsa~ti .~.a~~:....:::o~.. such...xecv~3~..:tp:::~~i~>.;c~~~<'t~?i~::::1a:.;>::~t~a.<.:S~e +G,e:.:.....7G3.....:.~r...:..~i~:.::.M-TjI.~r... *:::~!F~~. . .::.:::.;~:.:::::::.::::;>:.r.>.:.::.;::<>;.;.>;::.:.:.:.:.;:.:.:..:..:.:.:o;::q::.».::::::< :}~:<;.;:::~;::;.;`:.:;;;;:::f.::<:::;::::~;::::~~:i:;:::~~~i;::iss:::::;~~:::.:i:::?:~r;:;::;;:,::5;;::~::::::;:•:::::::ii::i;.;:;>.;;r..<.>::::; 'i~~:se::;:::: dv~aexxbs::>::a; ezsc3~e:s»::~~.v~sd:::~•ez>::th~.::::.:e:. • i•~~~a'~ .aA ..,'Q~'i~~~... +'~D~~~~r.~•`b♦ Revised 9/23/91 Page 7 r{{5:•r ' nv..:' ::i:.:•nvn•.; w: nvl :•n• :w u•:.vvn• •nvv vn•.uvv:::x vn Y: Y. . 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'1;~Ter, i: }x:i;;{;;'•.:••.vv:vvvv:+::'iY:•:~::{•ii:::,•:L+'v,+v k:i::>:}:....: f3-}<> Within thirty days after the effective date of the ordinance codified in this chapter, file with the city recorder a written acceptance of the franchise; +444x Furnish sufficient collection vehicles, containers, facilities, personnel, finances and scheduled days for collections in each area of the city necessary to provide all types of service required under this chapter or subcontract with others to provide such service pursuant to this chapter; +5* Provide a cash security deposit or a performance bond in the amount of five thousand dollars to guarantee payment to the city or other affected person of a judgment secured against the franchise holder because of work performed that does not conform with the requirements of this chapter or other ordinances of the city. The deposit or bond shall continue until one year after expiration of the franchise, or until all claims or demands made against the franchisee have been settled or secured; {-b} Collect no single-family residential solid waste before five a.m. or after seven p.m. unless this condition is waived by the city administrator or his designee; Provide collection and disposal of solid waste from all city facilities, city parks, city sidewalk containers and city activity areas' at no cost to the city on a regular schedule; {-8}« Make collection no less often than once each week, except for will- call collections and drop box operations, and except as provided ► ( in Section 11.04.140; Revised 9/23/91 Page 8 t t~ i Permit inspection by the city of the franchisee's facilities, equipment and personnel at reasonable times; -5 Respond to all calls for special hauling requiring equipment regularly supplied by franchisee within ninety-six hours of receiving said call unless a later pickup is agreeable to the customer. Special hauling of containers or drop boxes supplied by franchisee is dependent upon availability of those containers or boxes; ~ Y f::Y.•, }::Stn; r•{.c•;+.c4::?::;.:,.;;: •L:nr.3: 4%:.::.:::: •.x' 'f 22n y:4:,'•5:.::?:r4;??4}..~? n.30 3.. v,.}: r:i?'?'''} f;:i . ~.yy...K~ :4:L{+ny:v}Y:2;4}Yf.?..Y?...2 << tom,::>a : Nr•Y:2.<S,F. . :4: ,7.'•: ::.'r„%:.w;Y.y;.:?.::;;Y:?:?:.n.{.;:.?:::: YY};,••?: n.r..,,:..+.•n :?n.::. ..:2. 1.::::::it>v:;.: .t ::C.;..: ,ovx.:;}.,2 ~i :::4:5S.GL.vv::. .S.i:`U'.LC S•'•3:•~ lvYi':rvn:::•i'N ::;;Y•:4Arx:: ~v , .v :.3 •.33:..: r...:. :.r r:...vr5..: .4 '^;;}:,•:f,.:;<::';;•:..:'' 23 +L#°i 538%: }••:::<L:,ti;54 vr1~ . 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The purpose of this subsection is to prevent the added cost from being assessed against other ratepayers if the customer later withdraws from service. 11.04.080 Franchise--Transfer, suspension, modification or revocation--Conditions. {alk The franchisees shall not transfer this franchise or any portion thereof to other persons without sixty days prior written notice of intent and the subsequent written approval of city council, which consent shall not be unreasonably withheld. The city council shall approve the transfer if the transferee meets all applicable requirements met by the original franchisees. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The city council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter. +b+ Failure to comply with a written notice to provide the services required by this chapter or to otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, revocation or suspension of franchise. After written notice from the city council that such grounds exist, franchisee shall have thirty days from the date of mailing of the notice in which to comply or to request a public hearing before the city council. {-2-) If franchisee fails to comply within the specific time or fails to comply with the order of the city council entered upon the basis Revised 9/23/91 Page 9 f~ of written findings at the public hearing, the city council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance. At a public hearing, franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the city council. The finding of the city council thereon shall be conclusive; provided, however that such action may i be reviewed by a court on a writ of review. x In the event that the city council finds an immediate and serious danger to the public through creation of a health or safety hazard, it may take action to alleviate such condition within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. . n:;•:,.;,.:..:: n•::.::;•: n. :.r• v.: • n•: r.: r::: n..r.::.:.:.:: :n:.;:{.}i;?;{+,?n:{{?.:.v.4:i:4}:{{.}}}:ry.4••;{:.:ri{???: n:4:4}}}}•:•.;.}}:.l }'i•:: :.::~{::;4;•.:::.:.::,..::n?:.::4{?..r.,.....:.::.:....:....4;r:. ~;..::.::,.:r .......::n.... 4>..;.:,.:...:::::.r..{. ..?4r ..r . <;; 't << > <Mc : .tee:.. :v ....:.:.{.;:.:.}:4:..r ................r. s~...:..::.::....r.::r...r.x..r..rr.:.. ;:.}:......n..::.:,.:r::::::::.,r:.: ?:..........::n.:.:..n.:::..r.:.. ,r:r:«.:?:.}':;:.;'..;.,:..::.;:: {<.::n.:..{•:::::?::?.::.........r......... r.....rr....:.:.. ..,..::::::::::rrnr. .+rr .;:{.:;:F:,;f. 4 > y: } ,........:..:n...:.•:.n.:::~.y}~':!4:4n,?,.;;{:}.}:}<;}}:..r..^•.r,.~:{}{{:•}:. .y,?;;}:'~R::;X{:;,;';:5;'fr;4:?:}:4},~'.`.^.n'.w?•, ,::,;•x:x«; :•r':a;': 01 -4 y.::::j~; ' '.lv. «o~{✓ Y vrtlK}M'if"::$~:W.'•in:31T 4. n}...:::v.....: -iils 16 Miwiiiii: 5iie B, . ° ::~s~?:::4:.::r.?...::::..r .€~»sz~~ 3 a e~ krr..}.v:.v:.}. n 0. .aa[e<fni:.. r..r :••::::r i.+{;OY•}:•i}: .....:n•}:?{?O'};•}}l}}}}}::v::.:::n:•: w::; r..4 v: rr:•:::::: v:;.:v. 99 •.f•::: rr.wr.:.,.: <.:},r n?•i :•}%}:?nw}}:?.}::? 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' ' ~ ~ i' k. • • ::'•:n' , min : ` : ~ ~ : # Y 11.04.090 Rates for service. The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and based upon the level of service rendered O haul distance concentration of dwelling units and other factors which the city council considers to justify variations in rates that outweigh the benefits of having a single rate structure unless otherwise noted in this chapter; {-t~$ Nothing in this section is intended to prevent: +14.. The reasonable establishment of uniform classes of rates based upon length of haul; type of waste stored, collected, transported, disposed of, salvaged or utilized; or the number, type and location of customer's service or tEf'>h:;;> ''?ieti'<">rs>1>e `"'1t:. or upon other factors as long as such rates are reasonably based upon the cost of the particular service and are approved by the city council in the same manner as other rates; Revised 9/23/91 Page 10 The franchisee from volunteering service at reduced cost for -the civic, community, benevolent or charitable program. {e+d`•. Rates to be charged by the franchisers under this chapter shall be set by I the city council by resolution as deemed necessary by the council. , inereaaems charges to the franchisefs for solid waste Except R - disposal site feesv::. 4m 'r ::311°3:tik:;: tx''M w.> ;•«:::::r:::.; ~:..v: • : •;,>.:.:..>:,.:v; e x F •<imposed by a governmental ~a~v>: ~.::;:<.::.:r~v~t~i~r':::::.~~?~:::•:<•~;:rr.:<::::::;s?~:.;:~.::.:,:>:::.:.<.:>:<~.v:.:•,:;<:,a::w: a enc be included in the ratesatmel reset •tle , provided such `;r'rryare evenly distributed among the rates. The franchisers shall provide sixty days written notice with accompanying justification for all other proposed rate changes. The council shall give due consideration to the purposes of this chapter and the annual report filed by the franchisee :.€t3'~`;~~;~.:'~' .~~fp~'`• n.:..n...v.: `.::tt'f.:6:^.L•: f.^: n'::: i.:, .i.:'w..v:: Aij, ..:.v:.v a.:::: n::..•:.::Ci...•.:.::::.Y•ii::ti^::!:•: {d-}I3 The franchisee shall be provided with thirty-day prior written notice with accompanying justification for a city-initiated reduction in rate schedule. +e->- Unless a governmental unit or legislative body has raised or lowered the cost of providing service or there is a substantial increase in the cost of doing business that was not provided for in the previous rate adjust- ment, rate adjustments shall be made annually on the following schedule: On or before March 1st, the franchisee shall file an annual report with the city recorder forthe year ending the previous December 31st. +2+ The city administrator shall report to the council by April 1st on the franchisee reports and propose rate adjustments if any. Me~ k1€C4may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. x-3}3``•:;: The council may set a hearing on any proposed rate adjustment. +444-** Unless there is good cause shown and recorded in the minutes of the eetmtyrE?%r the council shall act upon any rate adjustment by May 31st, and the adjustment shall take effect June 1st. Rate adjustments shall be resolution and of the council. +=9+ The reports are required from each franchisee regardless of whether or not a rate adjustment is requested. +f+ Emergency rates or an interim rate for a new or altered service may be set by the city administrator; provided, however, that an emergency or interim rate is not valid for more than six months from the effective date. The city administrator shall report any emergency or interim rate adopted together with justification to the council for action by resolution and order, if the rate is to continue for more than six months. Rates established by the council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuant to subsection (b) of this section. Nonscheduled services shall be charged at the reasonable cost of providing the service taking into consideration the factors in subsection 84" v::•.Avrnwr.::{tiii•r.Jnv. of this section and as determined by franchisee. r Revised 9/23/91 Page 11 In establishing rates, the council may set uniform rates, uniform rates by zone and different rates for collectors where there is a service and cost justification. (J Until changed by the council, rates to be charged are those in effect on the effective date of the chapter. " sehe'••1- is _t ehe a to cxac.-vrccxran2e e6difiE3d herein, E@$i~' F.ed94Eh~~it. 28-1 andd by this refeEenee is laeeEper-aeed her-el If approved in a rate schedule, a "start charge" for new service and a "restart charge" for reinstituted service may be added. Franchisee may request and the council shall schedule a public hearing on the application for adjustment or action of the council where no public hearing has been held prior to rate determination. Franchisee may require payment for residential and multi-family residential service up to three months in advance, and may bill up to three months in advance, arrears, or any combination. Where billed in advance, franchisee will refund a prorated portion of the payment for any complete months in which service is not to be provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. Any person who receives solid waste service from the franchisees shall be responsible for payment for such service. The owner of a rental or lease facility shall be liable for payment for services provided to a tenant of such dwelling if the tenant fails to malle timely payment for such services. The owner of any multiple-unit rental or lease facility having two or more units shall be primarily responsible for services provided to the occupants of such facility, and shall be billed for the services. {e} Franchisee may charge at time of service for drop-box service or for any customer who has not established credit with franchisee. 11.04.100 Container requirements and collection limitations. 4 In addition to compliance with ORS Chapter 459 and regulations promulgated pursuant thereto and in Section 11.04.100: 1. To achieve the purposes of this chapter, to prevent recurring back and other injuries to collectors and other persons, to comply with safety instructions to collectors from the State Accident Insurance Fund, and to comply with safety, health and environmental safeguards: { Solid waste Bans .:.:.::vv ::..'!!...:v: ;•.::::.:.:..:::::::..v..v..,•.,,.+.., ..~v,-.n..w}:::.v.:::n.:.:..::::.v :n.v.:....L..v::.:::~.::.O.n.:....v. shall.: have $ retmd bettem, sides tapering outward to the opening at the top that provides for unobstructed dumping of the contents, ball eE two handles on opposite sides, a close-fitting lid with handle, not to exceed thirty-two gallons' capacity, and be watertight in construction} 100rt shall be made of metal or some rigid material that will not crack or break in freezing weather= -shall be water- proof, rodent -resistent and easily cleanable-It: No so :tt:{S SY r l.•`.:4 waste -e eentain _ -ha-11 <:; ?:{:exceed--s +yJ • - y;1,tit;:C•'r:>:N.. ~iy.:$-~•`+Qr4.'i :Si;!:~•,.':\ ~l p perms IWO. `'S gross loaded weight.% qo..{b; t,:.,y,,::..•.v:.::...;.?:,r::,:.?x:.;i»y: .,..:?nx .?.::Ly:n?,:..?n Revised 9/23/91 Page 12 ~t a; '5~`'~'#~~ax~ '-~ese•lble ~a~e~ie~--Fga~bese`~--s~tell be placed Ift plastle~age a ely a being = xsqusas {-&}«Mx< Sunken refuse cans i or containers shall not be used, unless they are placed aboveground by the owner for service. I On the scheduled collection day, the ~xr ttseEshall provide safe access to the pickup point which does not jeopardize the safety of the driver of a collection vehicle or the motoring public or create a hazard or risk to the person providing service. Gans- must be in a visible (from the street or alley) location which may be serviced and driven to by satellite vehicles where practical. Access must not require the collector to pass behind an automobile or other vehicle or to pass under low- hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from eans Gans 14 must be at ground level, outside of garages, fences and other enclosures, and within one hundred feet of the street right-of-way or curb. Where the city ]"q finds that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the collector shall not enter onto such structure or road. The = shall provide a safe alternative access point or system. { All solid waste ems-€ located at single-family residences shall be placed together in one authorized location on the regularly scheduled collection day. n All solid waste receptacles, including but not limited to cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer m=-*ts-e*. 'r Solid waste service customers shall place items not intended for pickup at least three feet from solid waste No person shall block the access to a solid waste container or drop box. peEmlsslen€ fEaRehisee. -Ne-ge•Esens-shall-take e35 Eemeve any sellF-I wanstEe _ £°r ee.lleetienby a E- anehisee er--peEmlttee underr this ehap t: r . {d} No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter 45-9~, out for collection by another person, franchisee or permittee, or place it in any container supplied by such a person, franchisee or \ permittee without prior written notification and acceptance Revised 9/23/91 Page 13 by the person, franchisee or permittee and also upon compliance with any requirements of ORS Chapter ' and any rules or regulations thereunder. ax h ,i NMI_ i`•yiy~B e)"; All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or e-&fH ;Ctizt:#t7>:::Ci no peEse -#x shall use any solid waste collection container e£ exe -ettbleyaEd unless it is supplied by the franchisee or is approved by h_i~tzeti8on the basis of safety, equipment compatibility, availability of equipment and the purposes of this chapter. 01+ Containers (and drop boxes) shall be cleaned by the customer -er-userc; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer ease-r shall be liable for damage beyond reasonable wear and tear. (-P~} Container customers shall supply a location and properly j maintain containers so as to meet standards of the Gens fer ~k D.... a-.. Safety 1.........5....5.. P E Jz. cvcucT° --arms--- 7 tf3 E>G I sea'ftteiF, blew, leek-ez (G) that fBa ether-ifise eseepe, and whether- en ee? leetien veh e-les - ethers, shell be eeve-Eed--dur-Ing trzaaslt to dlspesel--ems eelleetlen tmiess t-he-€r-enehleee h been if e n has the neeeas&Ey equipment to handle the -aelld -wastes. {~--A eentaitter fer haserd&us-eE et-hev an:.., ,.l wastes shell b ..ly labeled n ...1 e leeatlen ibl e e the pub-Ile. if the-eentai ter is Eeusable, it shall be 'g > `.`:"':~2:~:.. ::::.;.~:;:.:.;:::.::a~..y:.;.:,iiisi:::'`'`'2:::•..:E:....:.:::;9::.: .::::.:a;:;:. cii'". B. '«>>:austoex::.dc~e.....~r.....~t~a a o....s:...crvs c►r!s .u...Se lion . s:t<::> us>tct~se:r::<>:<:>:: az 1 suitable s:...... ae~ee>>ae1ittse~"€~'anc€e~~z~ i Revised 9/23/91 Page 14 .;.:..ii:.. r:: ;in :;n:;r.:y: .::n .::n::h4::: L4i:'•.:~:LV vn4.:...»luvnv::: :;v.uv.v. v:.u:w:: ::::~:~::.:::::::r~.:::.::r.~:.:.:::::::::::.:v ::::as ~e. • ~~sz~zueut:a~;::::<;~",~::.;:~:: ;<:..v.:, .t£.:.k4. , c... : ti:;:;.::.~:::::::.:::::::..;•is4i:::::::::::a:::....v::i..»:<•i:.;4::t4':4::4::iia•.:a•4:;r..;;.:::•.;::.4..::.:::::.»•:; ::::•ii:4;;iR4Y;.^.5:: a~~~ s:a~'~~~<~<<_>:~~ axe ~<;<~• :::a r......:.,, ~.:..~:..::.,..::err::.~:;.;:;.:;::.;:::.::;:::::.;:;:i::::;~~•..,.::r;:;:;:.~;>::.;;:::::vi;:;:::.:~?:.;;:;:;;;;:;:<:.:..... :.....................:.::;:::.;:;.::.:;.:::::.~..:::~::.;:.:;.::;;:.:::.:<.;::.:<:;.>:<.::i:.i:;.iii:.i:....::;:;:.;:.i:....:;.::.::.::.:::.::.:<:.:.::.::;::.;•.:;.:.:.:•.::::.:::.::.>:;:.;:.:.::.<:;;.:;.;::::.:<.::.::.::.:;.:;~.::::::::<;.::::.::::.. .ii;:!~3~°;.;i;;:.;;;i:.;...:;.;.,. ::::.:::::::::.r::~'.::.:.::t~;a~~~.:v::.~z~~a:.;:.;~~s.~:.:i::.~:~►... a~~~s::>::><:::a.::<:.aa~~ Yt ;::iy;ox::;. y::m.:.ii>'.::::: <;i::•::: ::;:iii::;:>::'.y:;:ii:: iv.:::v.::.;;; ~ :::;ii:4>> s'L fL~x:<ec€~;>;.cl the l!~:::>:::>::> :;::::::.::,>::r:::::::,»<:i:<>:::::::>.<::>::::>:<:: ~ ~ 1f1~~t'f7 '~J`i~.~'l~`~. ~~~~}~4~ ~et~£~~.~~~R~'f~'C~:»>:~ ~ ~~~Ck':• ri{~:sidHRV37&~~E3t~~>.:....::. ;:>s ,`:y: `::CZ".:; `.:,`.:,ri `#:':•~'•'•`<>':~.<z;::z:>i<.>.::y>s•<:c:z::>:::;:>:>:: i;;•;.: ;:.;;::.;2iii.::~;:;:;:;tg<z:;i:;i:';:#:»::<.~ ~::>:>:;a:it,:z>:::: ~':::<::;::;;:>:.::;;:<::::r:'ss:>~'<i:;iSB#:::::::iF;: •E:i:;:>:gi:>::::s?:::%:i i;i;>.::~::.<::.;.::;;•i:a;•x4:•;;.:;.::.::.::: • C~'~~~~q~'##~. ~C.~Et£'fi~3~g:i»!~...t?~~34~ ~t4~#:~`~>'::`J~:Ss.L1,•'~4:~~FJ~#>::<iS#~"~k~L]:'~~':~#:'::`?. "e><1 v ::.:<:::.;i•.:::.;:;<.:;:i::::::>::;::..:>:::.::<:.:•;:::::<::>::.:;::>:::;;:<::::.:•.>:::.:::::::.: :..:,.:,.:.;::.;.:i ......:..:.::.......r...rr:...... s a 's F ~ Revised 9/23/91 Page 16 {mi}x No stationary compactor or other container for commercial or industrial use shall exceed the safe-loading design limit or operation of the collection vehicles provided by the franchisee serving the serviee -area. Upon petition of a group of customers reasonably requiring special service, the city council may require the franchisee to provide evI-4=: €er---vehicles capable of handling, specialized loads, including but not limited to front-loading collection R and drop-box 7 and systems. (3) Tw-- VEeyeat injuEles -te-ttseEs eustemeEs and eelleeteEs, 3--f eizflr-'} eempaeti deviees r handling selld wastes shall eemply it -rr- -....1 _eable fedeEal andstate .r. tl +4}1 Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from dripping, dropping, sifting, blowing or otherwise escaping from the vehicle onto any public right-of-' way or lands adjacent thereto. `l''`~J 'I4:.:.:.#tai::"`i''osss`•"> ""94 of. A. F"O ~oraga;~~.~s~;~:::a~t~~'t~:::;~h~:,:~~~:~ ~~:::.r~.:..~~aax~~t~;se:d.::~Za•:~.~s: >;::.c~,:~~.:.:~ ..~.....:x~~: . s.sus ° ~ e i a s aiiasz3`> s' eG# . r :vets>`tia''e#E:_: tie.....$A a c t M, 0_1 a. . <»:<:'3 1ced.::»>< ~i atxsgr+ bed and x ax .r.! x..X e w . Revised 9/23/91 Page 15 :i:}• r~ sum .alh::?:4..h. ...i ...~'.k.~.^.•:.. h:~v „,.'~~.f ;MlShjli~~'e~<FI.~i/~M~•ii~,. v..:xv:v .r.n v.,v.v: f... ~r::.:.vhy::::::::, ..,v:~,?:nr..,;. n. v.::.::.:::: ~.v,• . . . .n:r:.• ~:>.::::~:;ti2141.a.vnC.tYA::>.;::•:?N':2:•;::r;:5:?•:Y<,oR;.*`.:.a•'::-:':`:.,::4:;•Y:•>n:•r:>fti{: {.ii:'i:?.}i.. y-...-. J.... ,fi4~R.. ~YiG~.4ryi~ 'n `ii: .:a...~fu; n: :yv •`..N ..Y. .r.. r..M\... y~y~}. ..~~~'::i11~~'~:i~i' :NL-~~~ii{~~~~.V.p4AR:: ~.~f~{:.:1~..'~ Lf-..y}. y: v,`~'•:,:'nv:: ~:.:~{:Qy~(~.,y. y#~.:y:•;•ry~: +li:!N1{}~i,~~LkM?F:;~}.. .:n; a. ~ AF~.Lj,+,-'~Rvii,H~::'lY' ~-.n ~.'.h'tikFY.fN•':M~[fi(("µµ,,. 1~~1+µ.:~.:}':i(•:;:/n~:Fj~': ii::::4.... n.. r:.; N:r: ;:ii:::::::ii:iiii:hi: $i: •;•'r'.•:r. n.;:,;- :;iy':; Y Yn•.vu.,vnwnv... ~;:n a.a. n.., n r. ~:[+<>s;<::>s<»^: <~r~~3'a:::f;~ .~:~:~'is~'~X~73:,...-n~`.~',~•~'.•';'?';~~:;.x;.>.::~:•:L.;iL:;.z<=~•;~<~:...::~•:;:•:::~::;::w<•.~~.. . ....n:.:...::.:::.r:,~~~ ::::.:::::.::::::....:::::..::v.,.::::.....r:n:..:.:3':.<L.::..a:......~ ..:.......r......................r..................~.. r~.:.....:r:..........r..:..........:~~'~3n~.:k . +J.uu w nv hi..':>:u';;v''x::v':.`:~.F•Y:yy::n}.:;-;::"n.y':•:}:?::5}'.ii':;:: rY,. :r .\.........4Yf ...Yi: Yw:...:.,•.,.r}.,.:,., .......::.....r......n.:.:~:;:;;;.::n.::,-..v.::n::..,::::.:r.:.n.,....r.,.n ~x~,,a.:.+.,n ....,..:.c:'.:n~•">~> ..:::.a.:,:..::.:.n.:::. .........................................i.> ?i.; ~........-'..?:~.......................................::::::..:::4...:::L.:::4::::2?.,h~:;.:.:>::::,?.:.:,M::.:v:iL:i.::.>:.~. n w:.k,:'::.: tang, ..::{ii:.::: iii .i: ii .s?: i'-:.,;. W-4 A,# VIM' e nuac#>x. f r:: n..::.r: r.,,v:.:::.,.. n..a...:..:.: r Ell ; . ~.~..,.a..,~. ate. ~..a..: . i::y:ii<'-iJ~Y ii;•-:... Y:;;?} hu::: -::`iii::4>-ii Oi v:::: i::::: ~ ' ? ::r,:' ; :`i3`!';:~4~3::~~~:F:.;r'": y;. ~"`:i::•' ::`:•"•':Ezt ~~":3z '?.:?z2•,•4:%>assii":?iEE' ,,:'cs~i' a~~'s~~:" ~>>~3>~"=':•f~~><#~:tl~:"`fir''"T~~~` . r:• rs t z s i c a a aua......... , Sol .::?;+:~:}i)$ii:t:;:'•::::isi::ri;y.jf$:'}":rr':f:?~? •v:.: i:.'nv; :hi:. G: ~y;:.!t}.}:::: qv;L:v:::Y:: '~::~<j~2:i~'~::.::y;hiiiv:'wj•:+:i::Cri:Liri;iiiii ;'?.>:'fi.'ji::i ~)~:L;.:4 .r::i: . Revised 9/23/91 Page 17 f 11.04.110 Offensive wastes prohibited. R No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness. 11.04.120 Unauthorized deposits prohibited. No person shall, without authorization and compliance with the disposal site requirements of this chapter, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. 11.04.130 Interruption of franchisee's service. lk The franchisee agrees, as a condition of a franchise, that whenever the city council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the city council may, after a minimum of twenty-four hours' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of a franchisee to provide emergency service. IaSUEt ON ;Ouc council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the city for any net cost incurred in the operation of the solid waste service. 11.04.140 Termination of service by franchises. The franchisee shall not terminate service to all or a portion of M-a customers unless: 1. The street or road access is blocked and there is no alternate route and provided that the franchisee shall restore service not later than twenty-four hours after street or road access is opened; 2. As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termination is caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road access is blocked; 3. A customer has not paid for provided service after a regular billing and after a seven-day written notice from the date of mailing, which notice shall net be sent Xa less than fifteen days after the first regular billing; or 4. Ninety days written notice is given to the city council and to affected customers and written approval is obtained from the city council; Revised 9/23/91 Page 18 5. The customer does not comply with the service standards of Section 11.04.100 of t4te t ie chapter. 11.04.150 Subcontracts. The franchisees may subcontract with others to provide a portion of the service where the franchisees do not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisees of total responsibility for providing and maintaining service and from compliance with this chapter. : ,~~11 ,p jyy .W ,fir A~. ..•y;,.~.~~!:i~.~. a1,..:.ali,~r~.:.':~il li ~F ~3v~FA.~i .:.M~::F~"K~.~'rt~tF'FR.tii+:7i.'''QiAk:.~'i,.:'.Mlisti:viM:'.':w"F:?is::3ih~::g...~A:•:a^.•~.~'Fii.':':%':'~i:"~5~!w-:: :::;:.;:.::.:.:::".>~<.:~...;:~::.':::::::::::::.>::::::~:~:%~%:::;:y"::::::::;;;•::.:;,,~:;;:;?:5::::5::::..x, , 11.04.160 Rules and regulations. The city administrator or his designee may propose and prepare rules and regulations pertaining to this chapter. The rules and regulations shall be printed or typewritten, and be maintained for inspection in the office of the city recorder. All proposed rules and regulations promulgated under the authority of this section, and all amendments thereto, shall be immediately forwarded to the franchisee operating under this chapter for h-s response. The franchisee shall have thirty days to respond in writing to such proposed rules and regulations. The _u'___ and Eegtiletlens and any emendments- therete shall -ire-appreved by the G!" Geunell gellewing said tab::>< ss . Pp:: ..x:.> fit.....,. gala, .:>::~~~:.:.~~..:::::..:a~~ spa ~,"t~:...~ .....x~..?~..........,..........:..:.::..:.::.: Idauz%ca~:t r~e~<~~~e>`z~<`~~~<:lfc'~s~b~'ti~~~:C~ 11.04.170 Enforcement officers. The city administrator shall enforce the provisions of this chapter, and his q§j a agents, including police officers and other employees so designated, may enter affected premises at reasonable times for the purpose of determining compliance with the provisions and terms of this ...::,.:~;;,>~;,;::.:<':''"">:::<~~:..:<.»;;;;:;: ~ .i# chapter. .4....::.k'.::..~'`,~a»:: ~14.:.::~:~.ak~'>.~.•, #~k.:: ~.:.::::#3~E'.;~L;f=!~:.::'ip~.:;r.'~.14~~'~::::~~,~,,.'.an..:~,<.t;#.#«.....~'~...::..:3.%1-~ tee. ts;sscis:eii:ts°:atiatx..... eras : f..conhi a...z~ E. 11.04.180 Violation deemed misdemeanor when--Penalty. is Violation by any person of the provisions of subs_etion (b) f Seetle of this 1- 0 inn e •'.4t:.:.::;:?~?<':>~'::"'::: ;<;:;<.::~;::::>::»:>";:>:::5;::....shall be deemed a an sh 11 b u a e>:::~< ~ ,'><:<,~'.: Ma:>>:<:<;<:u°<aYs d a e Wish blxYS#n r Peftvietlen, by -a fine of net aeEe that ft-ife htkn fe de , le/chap1104.II Revised 9/23/91 Page 19 CITY OF TIGARD, OREGON RESOLUTION NO. 91- A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING THE FEE FOR PROCESSING THE STATIONARY SOLID WASTE COMPACTOR PERMIT. WHEREAS, Chapter 11.04, Solid Waste Management, of the Tigard Municipal Code requires a permit application for stationary solid waste compactors be accompanied by the required fee; and WHEREAS, no fee has previously been established for said permit. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The stationary solid waste compactors permit fee shall be $100. PASSED: This day of , 1991. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard le/swres RESOLUTION NO. 91- Page 1 ' \n_I ey) sl.~~ l~ ► ~ 5 ~ SOLID WASTE ADVISORY COMMITTEE DATE: August 19, 1991 TO: Mayor Edwards City Councilors FROM: Gerry McReynolds, Chairman Solid Waste Advisory Committee SUBJECT: Solid Waste Management Ordinance; Chapter 11.04 The Solid Waste Management Ordinance being presented is the combined result of the committee, including the haulers and city staff, efforts to update and clarify the existing ordinance. New state laws have been taken into consideration. A consensus has been achieved between all concerned. Policy issues remain with the city council. The process has been long and difficult, but the ordinance now being proposed is easy to understand. Some new concerns have been added to the ordinance for the protection of the citizens, ratepayers, city and service providers. ISSIIES 1. FRANCHISE TERM. The Council has questioned the ten year term of the franchise agreement and the automatic renewal. The committee feels the ten year term provides continuity of service to the city, citizens and ratepayers. a. Most other cities including Portland have similar franchise terms with automatic renewal. b. Haulers finance new equipment in order to enhance and/or continue services. Lenders took towards long term contracts (franchise) as a method of assuring the ability to pay. C. Preparation and negotiation of franchises are expensive to both the city and the haulers. Most likely each hauler would re-apply for and/or be granted a franchise for their area. F d. The franchise agreement can be broken at anytime for cause with a thirty day notice from either party. Solid Waste Ordinance Discussion Page 1 r- S r 2. HAULERS' ABILITY TO BILL OWNERS. The haulers desire to have the authority to bill the landlord (property owner) for garbage service because of continual tenant skipping out without paying. The city attorney feels this is an issue under measure 5. The committee feels the ratepayer should not be paying for those non-paying customers. Staff respects the city attorney view but doesn't care either way. Perhaps a compromise would be to not address the issue in the ordinance but allow the hauler to bill whoever is necessary to have the bill paid. 3. COMPACTOR ANNUAL INSPECTION. The ordinance has provisions for controlling "Stationary Solid Waste Compactors" [§11.04.105]. This provision was placed in the ordinance to insure safety for the citizens (mainly children), proper maintenance and operation of the compactor and tight and proper fitting seals to prevent leakage and overflow of garbage material (a health and environmental issue). A permit is required to have and operate a compactor. The committee and haulers feel an annual inspection of compactors would insure that proper insurance is in place and the provisions of the ordinance would be obeyed. Staff is concerned about the implied risk or liability to the city if annual inspections were required and the cost of such inspections. An annual fee would offset the costs of inspections. 4. GENERATOR HAULING OWN WASTE. The committee does not wish to stop individuals from hauling their own waste, but is concerned that larger users may try to enter the garbage business. The ordinance as it is presented prohibits vehicles in excess of 10,000 pounds from hauling their own waste. The individual or small businessman could haul their own garbage in a pick up or station wagon to a disposal site which agreeable to all concerned. FOOTNOTE: The owner of Joy Theater has presented a letter requesting a grandfather provision be included to allow him to use a 25,000 pound garbage truck to haul his own garbage. The ordinance as it is presented would prohibit this activity. The consensus of everyone connected is to disallow the privatizing of one person. [Act III, Tigard Cinemas and Wash- ington Square, tried this for one month but realized they were not in the garbage business.] 5. CONSTRUCTION SITE HAULING. Many hours of discussion and testimony has been heard by the committee concerning allowing private third party hauling of construction waste. The ordinance prohibits the third party hauling of mixed con- struction waste. [Most other cities have similar rules.] Oregon laws encourage recycling of construction waste and provides for third party haulers to haul "source separated" construction waste if the generator of the waste is compensated C a Solid Waste Ordinance Discussion Page 2 I el at the "fair market value". Oregon law does not define Iffair market value". The county has determined that $1.00 would qualify. The Home Builders Association strongly supported third party hauling but has since backed off and supports the "source separated" waste provisions. The committee, staff, haulers and respective attorneys have spent months on the revisions of this ordinance. The progress has been discussed with the council in work sessions several times. A consensus has been obtained except as noted. We are proud of the end product. Most likely other city/county jurisdictions will adopt or use this ordinance as a model. The committee recommends adoption as the ordinance is presented. Solid Waste Ordinance Discussion t Page 3 b 3 S flax Iii ~ ~ J fAugust 14, 1991 City of Tigard Loreen Edin P.O. Box 23397 Tigard, OR 97223 Re: Solid Waste Removal Dear Ms. Edin: As we discussed in our phone conversation of May 12, 1991, the Family Theatre has purchased dumpsters and a garbage truck for the sole purpose of hauling our own garbage. This discussion was prompted because we were experiencing problems with some of the garbage haulers. They would not remove any debris which was not completely in the dumpsters. Thus the site would become messy and very unattractive. This garbage should have been cleaned up when the dumpster was not in the pick up location. Also, most of the Cities and Counties were allowing owners to haul their own garbage. After our first month of operation, we realized we were saving over 50% of the original garbage bill by hauling our own garbage. This surprised us since we are not able to take advantage of any discounts which may take place due to volume. We had opposition from some of the haulers. We offered to pay them 10% above our cost for them to continue to remove our garbage. All parites refused the offer. We realize the garbage companies are guarenteed a profit through their franchise. WQ realize this is necessary to insure health requirements are met. However, the garbage companies have unreasonable cost which I feel are derived from leased equipment, overpaid family members, purchase of unneeded new equipment, etc. A naive audit conducted by the Cities-and the Counties would not uncover these cost. These companies must work with the theory:. more cost equals more profit. I would be glad to audit the private haulers for the Cities and disclose the mismanagement and waste these companies have hidden in thier expenses. You also mentioned the City Council is adopting a new regulation in regards to 10,000 gross weight vehicles. Our garbage truck's weight is 25,000 gross pounds. We have all ready vested in the vehicle and the dumpsters thus we are requesting to be under the grandfather Claus which would enable us to continue the useage of our equipment. 1049 S.W. Baseline • Hillsboro, Oregon 97123-3822 • Bus.: 640-6123 er , As per recycling requirements by the Federal Government: The City could impose the same requirements and regulations to the owners of the business. This could be monitored through licensing them. Ms. Eden, if the free enterprise system is taken out of this issue, no one would ever inform the City or the public there is a 50% mismanagement of the garbage cost. The prices would continue to increase while the services deteriorate. I would strongly urge the City Counsel not to band the business from hauling their. own garbage. This may be the last chance for the check and balance system to work to help to monitor a monopolized business. Sincerely yours, David Emami CC: Ray Ross James Cartwright, Attorney C 1049 S.W. Baseline • Hillsboro, Oregon 97123-3822 0 Bus.: 640-6123 SANITARY SERVICE, INC. August 21, 1991 TO: Mayor Edwards, City Councilors FROM: Solid Waste Franchisees Miller's Sanitary Service Pride Disposal Schmidts Sanitary SUBJECT: Solid Waste Management Ordinance The updated ordinance being submitted for your review is the result of many long hours of consideration by your staff, the Solid Waste Advisory Committee, and the franchised haulers which serve the community. Out of all the revisions, additions, and deletions, the entire group was able to reach consensus on all but two issues. We would like to take this opportunity to express our position on these issues which is in agreement with that of the Solid Waste Advisory Committee. Inspection of Compactors: To insure compliance with the requirements set forth in section 11.04.105 "Stationary Solid Waste Compactors" an inspection provision has been included. It is the franchisees' position that if this provision were removed, the section would have little or no enforcement potential. Further it would defer the enforcement responsibility to the franchisees without direct authority to carry it out. This eventuality therefore has the potential to put the franchisees in an adversarial position with their customers when attempting to require compliance. The franchisees feel this is an excellent addition to the ordinance. The franchisees also feel that it may prove ineffective without city involvement in the inspection/ enforcement portion of the section. The franchisees concur with and support the SWAC position urging adoption of this ordinance as presented. 5150 S.W. ALGER • BEAVERTON, OREGON 97005 • (503) 644-6161 PAGE 2 ~f Haulers ability to bill owners: With respect to this issue, the question arises as to how to avoid the rate payers subsidy of non owner properties which have a high rate of turnover and a history of non payment for services. Without provision for collection of fees.-for services the cost of "bad debts" gets passed on to other rate payers. Services rendered to these properties are of definite benefit to the owner in avoiding accumulations of wastes. Billings are for services only and billed to owner only in the event the tennant fails to pay. Owners have the option of including the service in rents charged and paying directly therefore assuring no later surprises. The franchisees therefore support the Solid Waste Advisory Committee's recommendation to leave in the provision. Thank you for your time and thoughtful consideration of these issues. We would be pleased to respond at the public hearing to any questions you may have. Sincerely, for T-om Miller-Miller's Sanitary Service Mike Leichner-Pride Disposal Larry Schmidt-Schmidt Sanitary t i rye rr, r\I u, C oLk r) CA l Me e-+10 LAW OFFICES O FURRF,R & SCOTT 9185 S.W. BURNHAM STREET POST OFFICE BOX 23414 PATRICK J. FURRER TIGARD, OREGON 97223 AREA CODE 503 MICHAEL J. SCOTT FACSIMILE 620-4315 THOMAS J. MURPHY TELEPHONE 620.4540 KEVIN W. LUBY DOUGLAS R. HOOKLAND • Also Admitted in LINDA L. KRUSCHKE Washington y September 30, 1991 Ms. Loreen R. Edin Administrative Services Manager City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Re: Solid Waste Ordinance Dear Loreen: This letter is intended to confirm our recent telephone conversation concerning the proposed revisions of the City's solid waste ordinance and the position of the Tigard Chamber of Commerce in regard to those proposals. I am enclosing a copy of the recommendations submitted to the Chamber's Board of Directors by the Public Affairs Committee. It is my understanding that these recommendations coincided with the position of City staff on the pertinent issues as of the date of your memorandum to the City Administrator dated August 16, 1991. These recommendations were adopted in their entirety by the Board of Directors of the Tigard Chamber of Commerce at its meeting on September 25, 1991, and now constitute the position of the Chamber. It is my further understanding that the Solid Waste Advisory Committee and City staff will be recommending a couple new changes to the ordinance which were not discussed by the Public Affairs Committee and which were not included in the Board's resolution. On those most recent proposals, the Chamber will not be taking a position at the meeting of the City Council next week. I do plan to be in attendance at that meeting. If there is anything further the Chamber of Commerce can do to support the work of the Committee and your staff on these difficult issues, please feel free to contact me. Very tr y yo s, Thomas J. Murphy /TJM Enclosure cc: Tigard Chamber of Commerce (w/o encl.) c r f 7-EFI-MEIER' _'S . 1.991. POLICY I SS-UES FOR C1-10ill:_ ER ;3Ot'aRj,.) CONS I DE_c r)T I.OI\i 1. GEt•IEi-ATOR HrN_il.iNG OWN W-Af"TE Doe=s the City desire? to i. mi the wav waste- i hauled the c-omme-rci. al. Qeileriixtor? Recommendation. Agr (-:cement. Since • /25/91 The h?.uIer's .and City st_i-f'c r c- c o m (,.to n d 1.i(11 14"lriQ the' vehlc l.^ ..-...?c, which can be used to h ali i solid waste. If large portions of ;caste leave the kq aEste sere um it will be more di f f i o'Ul t: to COtrtpl y Y'•ri 1-1-1 BF:b• as wlel as i nur-%?-ase cu_ t _7 'L-.o the solid waste rate pavers. Recommendation from Public Affairs 'Cammittee- Support recommendation CONSTRUCTION _ SITE 1JAUL I NG Tjoes the r;. t v nc ed :0 1. i mi. t the definition of "contr"actor" as it relates to cOnStruci-ion wastc~^ Recommendation: Same <Y 6/25i9. 1 The 'Clommittee, h-EA tlet' and staff recommend changing the .lal-Ic}1-A:ACir.? to m'ars' clearly encourage recycling of- construction Ildclst.C This WOI:.ld prohibit: the hat_tling of "mixed" waste from the =_ite by i _+n ;nne rather than the f rz:.nctti see but t:~oc~.l d allow s0Ur-:E-? materials for- /cling to be Hauled by third part, haulers if the generator was compensated at "fair market value". This is in keeping with state law. Recommendation from F'>cbl.ic i~sf_?irs Cnrrtmi.±t.^e: cUFp( ~rt r' c?ccsmm~~n•3't.ti on HAULERS' OBILIT`I' TO BILL OWNER Dotes the City .wish to continue allowinc, hau.l0rs to bill the owner- of a multi--unit; r-ent.al for services provided to the occupCa.nt s of the facility'? The ordinance provides the owner of a mc.i3.t.i -~_rnJ. r`nt_~l can be billed and primarily responsible for the services that have not been paid by occupants. City's Legal Counsel has concerns that this arrangements creates a potential problem with the charge for solid waste disposal services being classified as a tatx for the purposes, of I3al l o't: Measure 5. City Staff recommends Section 11.04.090M) be amended by deleting the last two sentencos vihi ch a.l 1 ow the1 billing !Jwriers. This amendment would remove the City from mandating nwnrrs by billed on delinquent accounts. However, this change would not preclude haulers •crom billing owners as a. regular" bt.tsiness practice~. C P tblic t-lHairs Committee Sc.tppoarts City recommendation a 1 CCtif:•FlCTOR Atdt`1f. AL. Ihi IQNf Doc--n5 {_hca Ci ty c:ilc?-=5e to engage- in ,..nnL!ki notification and i.risuec:tion o'f cc-impactors? City staff recommends the owner of t,r~ comp;--mctar be r2=__ponsiblc? for cycerzation, and rri%t1.iitenan £2 of the iL-.,q tipinent. re-Ietc? requirement for annLt~?s h1and r:zndoin r?rltF7i.lcinC:E? 1nspt_'C:tlr?r1s by City st-.ff, F'uh 1 i c: ref f ai rs Commi tt^r_ supports City recommendation i i C 9 t.. lwt I Home Builders Association of Metropolitan Portland 503/684-1880 503/245-0530 0 15555 S.W. Bangy Rd., Suite 301 • Lake Oswego, OR 97035 Fax # 503/684-0588 PROPOSED CLARIFICATION OF TIGARD CODE 11.04.040 (D) (7) 7. Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction, or remodeling of a building or structure„ in connection with land clearing and development. Such waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees. s r i i COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 19, 1991 DATE SUBMITTED: 11/6/91 ISSUE/AGENDA TITLE: Shrau er Annex. i PREVIOUS ACTION: None ZCA 91-0017 Zone Change Annexatio A Al, PREPARED BY: Victor Adonri DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy ISSUE BEFO THE COUNCIL Should the City Council forward a request for annexation of a parcel consisting of approximately 0.70 acre located at 13030 SW Walnut Street to the Portland Metropolitan Area Local Government Boundary Commission? Alternatively, should the Council delay annexation until a larger area can be annexed? STAFF RECOMMENDATION Postpone action on the attached resolution and ordinance delaying the forwarding of the annexation to the Boundary Commission and also delaying tha plan and zone change designation until this property can later be used as a part of a larger annexation area. INFORMATION SUMMARY This annexation request consists of a parcel totaling 0.70 acre that is contiguous to the City of Tigard on Walnut Street. The owners of the property requested annexation in order to obtain sanitary sewer service, because of deterioration of existing septic tank drain field. The property owner signed a nonremonstrance agreement and has taken out a permit for sewer hookup. Attached is a resolution to forward the annexation request as well as an ordinance to change the zone designation from Washington County R-6 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. NOTE: This recommendation differs from previous staff recommendations on annexations. Staff is suggesting a subtle change in method which would allow the Council to utilize a "double majority" annexation method later, bringing other properties into the City which may not have requested annexation. Unless Council objects, staff will proceed with reviewing the feasibility of annexing a larger area into the City, and will contact adjacent property owners to determine their interest in such. 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. 2. Postpone the proposal indefinitely. 3. Deny the proposal. FISCAL NOTES The City of Tigard will pay the Boundary Commission fee of $140 for annexation. The current tax assessment is $46,330. The City could increase its tax base by ' approximately $87.00 (Assessed value as of 1/10/90 X City tax base portion of tax rate of $1.87/1000 = $86.64). 'r. VA/ZCA91-17.stin CITY OF TIGARD, OREGON RESOLUTION NO. 91- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND OUTLINED IN EXHIBIT "B" ATTACHED. (ZCA 91-17) (SHRAUGER) WHEREAS, the City Council of the City of Tigard held a public hearing on November 19, 1991 to consider the annexation of a parcel consisting of approximately 0.70 acre located at 13030 SW Walnut Street; and WHEREAS, ORS 199.490(1)(a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution; and WHEREAS, the proposed annexation constitutes a "minor boundary change" under Boundary Commission Law 199.410 to 199.534; and NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(1)(a) hereby initiates proceedings for annexation of the territory legally described in exhibit "A" and shown in exhibit "B" to the City of Tigard. Section 2: The City Council hereby approves the proposed annexation and requests that the Boundary Commission approve it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1991. ATTEST: Mayor - City of Tigard City Recorder - City of Tigard APPROVED AS TO FORM: City Recorder Date 3 y CITY OF TIGARD, OREGON r i ORDINANCE NO. 91- s AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 17) (SHRAUGER) AND DECLARING AN EFFECTIVE DATE. t WHEREAS, the City has received a request for annexation signed by Rosemary and Harold Shrauger who are the owners of the subject parcel; and WHEREAS, The City Council held a public hearing on November 19, 1991 to consider s the annexation request and to consider zoning designations for the property; and WHEREAS, on November 19, 1991 the City Council approved a resolution forwarding }r 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: 3 j 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 j! Comprehensive Plan. Tax Map/Lot Number Current Zoning Proposed Zoning i 2S1 04AC/1800 Wash. Co. R-6 Tigard R-4.5 Current Plan Designation Proposed Plan Designation Wash. Co. R-6 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 vote of all Council members present after being read by number and title only, this day of Catherine Wheatley, City Recorder APPROVED: This day of , 1991. Gerald R, Edwards, Mayor Approved as to form: City Attorney Date fw` ' t e STAFF REPORT November 19, 1991 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 91-17 REQUEST: To annex one parcel consisting of 0.70 acre of unincorporated. Washington County. into the City of Tigard, and for a zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-4.5 (Residential, 4.5 units per acre). COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT AND OWNERS: Rosemary and Harold Shrauger 13030 SW Walnut Street Tigard, Oregon 97223 LOCATION: 13030 SW Walnut Street, WCTM 2S1 4AC, Tax Lot 1800. 1. Background Information The applicant's requested annexation to allow connection to City sewer because of deterioration of a septic tank drain field. Following usual city practice, a nonremonstrance agreement was signed on September 20th, 1991 between applicant and the City of Tigard to allow applicant connect to City sewer. The applicant has taken out a permit for sewer hookup but the hookup has not been completed. ZCA 91-17 Staff Report 1 i° t s 2. Vicinity Information Property to the north of the site is in the City of Tigard and is a large vacant lot zoned for single family residence. Properties to the northeast across Walnut Street are zoned R-4.5 (Residential, 4,5 units per acre) and developed as single family residential homes in the City of Tigard. All other properties directly to the east are in Washington County. Properties to the west are single family lots in the City of Tigard. Properties to the south are zoned R-4.5 (Residential, 4.5 units per acre) in the City of Tigard. 3. Site Information and Proposal Description The property to be annexed has one single family residence with the remainder of the property undeveloped. Staff notes that the usage of the property has included a dog breeding kennel that has been in existence for the past thirty years. The remaining portion of the site is largely open with grass with 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 because of deterioration to the septic tank drain field. There is an existing sewer lateral at the edge of the westerly portion of the property. 4. Agency and NPO Comments Portland General Electric, Tigard Water District, Tigard School District 23J, Tigard Police Department, Tigard Engineering Department, Tigard Fire District, General Telephone and Electronics, Washington County Land Use and Transportation, and the Tigard Building Division have reviewed the proposal and offer no objections or comments. r B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.3.1, Established e ZCA 91-17 Staff Report 2 f Z L 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 adequate services are available in the vicinity and may be extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City, 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 ZCA 91-17 Staff Report 3 i r i 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 5,000 square feet and a maximum density of 6 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. t 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 1 , area map. C. RECOMMENDATION 2 Because the property owner's immediate problem is being resolved, and because they do not have further development plans at this time, it is recommended that the actual annexation and zone change be delayed. This annexation can then be combined with other requests for annexations in the area. PREPARED BY: Victor Adonri, Development Assistant Planner VA/ZCA91-17 is ZCA 91-17 Staff Report 4 xr~ l L r'•S :z i 'EXHaBIT As i Legal Description A tract of land situated the Southwest quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon: Beginning at the a point at the Northeast corner of that parcel conveyed to Rosemary Shrauger and Harold Howard Shrauger in fee number 88-28480 and being a point on the south right-of-way line of S.W. Walnut Street (County Road 934), said point being 637 feet ` North along the east line of the Southwest quarter of the Northeast quarter of said Section 4; thence Westerly along the southerly'line of said County Road to a point 113 feet East of the east line of the Southwest quarter of the Northeast quarter of said Section 4; thence Southerly parallel to the east line of said Southwest t quarter of the Northeast quarter of said Section 4, 270 feet to a point; thence East parallel to the south right-of-way line of said County Road, 113 feet to the East line of the Southwest quarter of the Northeast quarter of said Section 4; thence North along said line 270 feet to the point of beginning. t ry annex 2s1,4a-1800 ,Situ .d 7 _ City °f - t r//f~''///''/; ~ / ; ; / ` / j'/, , /r / j/fl fj f f!' w-I d city ,rltJ,~r//r, f`i r/ ///r/r!J/' r/ J1 /rrfr//r,'J / rJ/ f r /r,// r rf,l rj flf //r ` , ~ I ~ ( a 1 S.r ` { lrrJ f`r' f// / J/ f l rr t Jf ! ir/ t ii J I / !r l / f ' , ~ / r ! j rl ! J 1 11~~ I ` ~ f j r" it / / r Jf f / 'Jrj' 'r / `r~rjr •J f, / f ,r r / ! / / ! jetn p maP tAe t11Y r i r j j r p19tt8t cem91lnd AY 6ee9'6~ r ' / f , t ! / tellen ! awicia9 tnm tiae Ye / l ! f / r ` P~1° l~tof mote. ~n Ytcrt j f J 1 / Spat It P°t„n E-° to Ee inael mnee enilA ef°iW r f / /l ~ 'J ~ tnc0.cicol n'b~±~daU / / i / ! r r / inle ttinli f/l/~//. r%r,//`//~`'/ f r/t/J7l'SJ• v u D R'~Ii oe aite, nin+a i~9n~d r/'// /f i/lf /f1/! ¢N l` lAn tilt of r ,j jf , ! r f / IyP1A9tfYZ COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 19. 1991 DATE SUBMITTED: November 9. 1991 ISSUE/AGENDA TITLE: T. Michael & As o .PREVIOUS ACTION: Planning _Commission Comp Plan Amend. from Light Ind. to,%gh Recommendation - October 7. 1991 _ Com. and Zone Change from I-P to C.-/ PREPARED BY: Dick Bewersdorffl DEPT HEAD OR ;4f, CITY ADMIN OR REQUESTED BY: Ed Murphy ISSUE BEF THE COUNCIL Should the City amend the Comprehens ve Plan Map From Light Industrial to General Commercial and amend the Zoning Map from I-P (Industrial Park) to C-G (General Commercial) for a 1.1 acre parcel at 9370 SW Cascade Blvd. STAFF RECOMMENDATION It is recommended that the amendment requested by T. Michael & Associates be approved. INFORMATION SUMMARY When the subject 1.1 acre site was annexed to the City, it was given an I-P designation which most closely matched the original Washington County designation. In 1980, the City changed Plan Map and Zone designations from I-P to C-G for the property where Levitz Furniture and Toys R Us are located. This change left an "island" of I-P zoning between the Washington Square area Lind the Levitz - Toys R Us properties. The only property in this island is the subject site now owned by T. Michael and Associates. The property was formerly the location of Times Publishing. The building is and has been used t principally for offices. The applicants request the change to allow additional commercial retail uses for the building. The applicant has submitted supplemental findings (attached) for the change. The staff report submitted to the Planning Commission is also attached. In addition, the applicant's original submittal report from Dorman, White & Company is enclosed. _PROPOSED ALTERNATIVES 1. Approve the change as recommended by the Planning Commission by adopting the attached ordinance. 2. Deny the proposed change. FISCAL NOTES The proposed change will have no significant fiscal impact. t f„ CITY OF TIGARD COMYREHENSIYE PLAN AMENDMENT & ZONE CHANGE REQUEST FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL i August 15, 1991 Prepared for: T. Michael & Associates Ltd. 9200 E. Mineral Avenue, Suite 200 Englewood, CO 80112 NORMAN V~HITE & CCINPPANY Planning / Development / Environmental Services f 1 CPTY OF TIGARD COMPREHENSIVE PLAN AMENDMENT & ZONE CHANGE REQUEST FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL August 15, 1991 {Y Prepared for: T. Michael & Associates Ltd. 9200 E. Mineral Avenue, Suite 200 Englewood, CO 80112 Prepared by: Dorman, White & Company Black Helterline 1020 SW Taylor, Suite 205 1200 Bank of California Tower Portland, OR 97205 Portland, OR 97205 503-226-6480 503-224-5560 TABLE OF CONTENTS Page 1. Introduction A. Description of Proposal 1 B. Applicant 3 II. General Information ' l A. Vicinity Conditions 4 1. Locational and Land Characteristics 4 s 2. Surrounding Land Uses 4 ? 3. Comprehensive Plan and Zoning Designations 6 B. Site Characteristics 9 1. Existing Land Use and Improvements 9 2. Proposed Land Use and Improvements 9 C. Facilities & Services 10 1. Transportation 10 ' 2. Water 12 3. Storm and Sanitary Sewer 12 4. Miscellaneous Services 12 III. Procedural and Substantive Review Criteria A. Statewide Planning Goals 13 B. Tigard Comprehensive Plan 15 C. Tigard Community Development Code 25 IV. Summary V. Appendix A. Application Form B. Title Transfer Instrument i C. Site Plan D. List of Tenants i. s; t. i EXHIBITS Page Exhibit 1. Vicinity Map 2 Exhibit 2. Existing Land Uses 5 Exhibit 3. Existing Plan/Zoning Designations 7 Exhibit 4. Proposed Plan/Zoning Designations 8 r I. INTRODUCTION A. Description of Proposal This report provides the facts and justification required to support Planning Commission and City Council approval of a combined comprehensive plan amendment and zone change request. The application involves a 1.1 acre parcel bounded by State Highway 217, Scholls Ferry Road (State Highway 210) and S. W. Cascade Boulevard. The parcel is described as Tax Lot 100 of Map 1S1 2713D. See Exhibit 1, Vicinity Map. The subject property is already developed. A two-story, 23,550 square foot office building is located on the property. The balance of the parcel is committed to paved parking areas and landscaping. The second floor of the building is currently leased to a range of professional office users (accountants, insurance agents, etc.) The first floor of the building was formerly occupied by Times Publications, but it is now vacant. The site was developed under Washington County's jurisdiction in an industrial zone. Annexation of the property to the City of Tigard was initiated by the property owners in 1985 to obtain improved police protection. The Portland Metropolitan Area Local Government Boundary Commission approved the annexation on October 17, 1985 (Proposal No. 2155). Subsequent to the annexation, the City of Tigard applied a plan designation of Light Industrial and a zoning designation of Industrial Park as the city designations most comparable to the prior Washington County industrial designation (MAl). T. Michael & Associates Ltd. ("T. Michael & Associates") recently purchased the subject property to accommodate relocation and expansion of The Shane Co. Direct Diamond Importers ("The Shane Co.") store which currently operates at Washington Square II. The applicant proposes to remodel the first floor of the existing building for the jewelry store. The second floor of the building will continue to be leased for professional office use. The Industrial Park zoning which is currently applied to the subject property restricts general retail uses to a total of 20 percent of the entire square footage within the development complex. Staff with the City of Tigard have indicated that the proposed retail/professional office use of the existing building is more suited to a General Commercial plan designation and zone. 1 1 11.7 .WlpNif'Sf wfM Sr BL 4D ~ - KA alpRp WILLIS BLVD S 1[[ e 5 ~ r DERIIW caw_ ST g •r4 ST A. I fi ALeCR( Sr R tliaR w,-....".-[ h 'fo DO[MC S PRES r ST Q S I SPRI • C y /y~ tea- Y a ST A 1 Q 9 "aY ^py t RENON I • IyC. q V['/yr, ...R 'D{. ?A,•.!."•'•~'T ~ RNptT ST qV'" Taff NALS T RD r oy RF.If CL TSAR VS' x ••,E ONSIOC G ~°t RO 1 Rn sTARR sr e ~IDf T i _ _ B[INDN ~ s W Ddb L • • w'. 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RD r~ - THecor 7' w~ INE tr1` L ST r DBERC LAKE OJr.~ g RD RD it IA[M✓t~ AT~'7/,rfq A AYC HILL r[RRY RO I lw " 'Q 4 'TR(/S[ i r YTM B t 8Lw y`+L~' N inn µ1R0[ S yUppNA[D S! _ U' i BON/TA RD it > m `p a tlo" ~ 0 9 , e /R/LL Aq/N AIM 'r0 t`^ `}P • f Ai1l ER S• Q S ~sl ~DRf f T i King COy i m pIRBN[[ ~ ~ g •P f[R TRfE SERBIS ~+i- °r ~ 'PD RD g>~ a° - bLfP` y} e _ nse"fR Durh - e ` $ Tty ~ W fr ' cf J a° pD `sb ~ ~y one f SCALE R TUALATIN RD CHILD R0 Vat ova, 8 g Ri Tuololln +b D - CMLArD RD WRRW 4 $ACCRi RO /~?OJ ~ ~ 4 ~ f 00 Y n 4` RD y 0 1^ MILES...... f .TUAL~(Id AVERT St SOURCE: METRO - ALL ARTERIAL MAP, 1990• EXHIBIT 'I VlCltIITY MAP T. MICHAEL T-ZONE CHANGE PLAN AMENDME 2 t The applicant contends that the requested General Commercial designation is appropriate for the subject property because of the following: site configuration and size restrict its use for an industrial park the triangular-shape parcel is bounded on two sides by state highways and on the third by a major collector; the parcel offers excellent visibility and accessibility required for General Commercial use the subject property represents an "island" of industrial park zoning surrounded on all sides by commercial uses general commercial uses and zoning predominate in the Scholls Ferry Road/Highway 217 area (Levitz Furniture, Toys R Us, Silo, Cascade Plaza) the design of the existing building is more suited to office and retail use than industrial use Approval of the requested plan amendment and zone change will provide the certainty needed for T. Michael & Associates to renovate the first floor of the building for a retail jewelry store. Given that the site is already developed, approval of the request will result in a minimal change to the established land use and traffic patterns in the immediate area. B. Applicant T. Michael & Associates is the current owner of the subject property and is the applicant for the plan amendment/zone change request. Thomas Shane is the general partner of T. Michael & Associates and Chief Executive Officer of Western Stone & Metal Corp., which does business as The Shane Co. The corporate headquarters for the firm is located in Colorado. The Shane Co. currently operates stores in Denver, Atlanta, Seattle, Portland and San Francisco. The Shane Co.'s present Portland location is at Washington Square II. The lease at the Washington Square II location is up in early 1992 and limited area is available for expansion. There is only one showroom at the Washington Square II location. Based on preliminary design plans, The Shane Co. expects that the existing building on the subject property can accommodate three showrooms. Additionally, the site is centrally located to serve The Shane Co.'s established market area and offers excellent accessibility and visibility. The Shane Co. presently employs 21 people at the Washington Square II store. If the requested plan amendment and zone change is approved, the company expects to hire 5- 10 more employees with relocation of the store to the subject property. 3 x 4 Jill i II. GENERAL INFORMATION A. Vicinity Conditions 1. Locational and Land Characteristics The subject property is located at the northern edge of the Tigard city limits. The 1.1 acre parcel is uniquely located relative to visibility and accessibility to major transportation corridors. State Highway 217 and existing on and off ramps border the property on one side. Scholls Ferry Road (State Highway 210) forms the second property boundary. S.W. Cascade Boulevard, a designated major collector which functions as a frontage road to Highway 217, forms the third property boundary. The subject property sits on a small knoll at a slightly higher elevation than other parcels along S.W. Cascade Boulevard. Therefore, the existing building on the property is highly visible to travelers on all adjacent roadways. Dramatic commercial and office development has occurred in the immediate vicinity of the site since the construction of the Washington Square regional mall. Properties in proximity to the mall and interchanges to Highway 217 have witnessed the most dramatic growth and development. 2. Surrounding Land Uses Existing land uses surrounding the subject property are illustrated on Exhibit 2. In general, commercial uses are concentrated at the interchanges and do not extend west of the railroad. The cities of Tigard and Beaverton have worked to restrict the extension of "strip commercial" uses to the west of the railroad along Scholls Ferry Road. Existing land uses and controlling jurisdictions in the immediate vicinity of the site are summarized below: North of Scholls Ferrer, between Highway 217 and Railroad: Cascade Music, Silo, Malibu Racetrack, Cascade Plaza, View Master (City of Beaverton) North of Scholls Ferry, west of Railroad: Business parks (City of Beaverton) East: State Highway 217, Washington Square, Embassy Suites (City of Tigard) South: Levitz Furniture, Toys R Us, Suburban Propane, Progress Substation, Sentrol Inc., Cascade Business Center (City of Tigard) South of Scholls Ferry, west of Railroad: Business parks, Nimbus Center (City of Tigard) 4 i 4 ° CASCADE ~ LL PLAZA U NORTH .Vo W 2 Qom'♦♦C SILO & other COMM. ~ BEAVERTON k ~co ee•`~s~ WASHINGTON e•• ~e SQUARE ee•~.TIMES ~g . MALI. BLDG ` NIMBUS LEVITZ TECH PARK ° FURNITURE 000 J J\s o 00000 00 e G~ 000 Toys A US 00000000 SUBURBAN TIG ARIJ PROPANE s~ SCROLLS PGE I BUSINESS SUB CETITER STATION B~ LO SENTROL INDUSTRIES SCALE CASCADE POWER 0 400' BUSINESS RENTS 2r~ CENTER (vacant) SOURCE: COMPREHENSIVE PLAN MAP, 3/90. EXHIBIT 2 LEGEND EXISTING LAND USES ■■■■■■■■■eTIGARD CITY LIMITS T. MICHAEL & ASSOCIATES #---~RAILROAD PLAN AMENDMENT-ZONE CHANGE 5 1111111111110 Within the city of Tigard, land uses along S.W. Cascade Boulevard have a commercial character and orientation near the intersections with Scholls Ferry Road and Greenburg Road. The land uses adjacent to the middle portion of S.W. Cascade Boulevard have a stronger "industrial" character. Highway 217 and the railroad provide identifiable boundaries for the area. There are no residential uses within the vicinity. 3. Comprehensive Plan and Zoning Designations As noted in the introduction to this report, the subject property was developed under Washington County's jurisdiction and county industrial zoning. The property owners initiated annexation of the subject property to the City of Tigard in 1985 to obtain improved access to police protection. In accordance with an intergovernmental agreement between Tigard and Washington County, the county zoning (MA1) was replaced with the most comparable city zoning (I-P). The existing pattern of comprehensive plan/zoning designations in the vicinity of the subject property is illustrated on Exhibit 3. The designation of the 8.23 acre parcel immediately south of the subject property was changed by the City of Tigard from Industrial Park to General Commercial in 1980 (ZC 16-80). Levitz Furniture and Toys R Us stores were subsequently built at that location. The City of Tigard Comprehensive Plan designates lands south of Toys R Us adjacent to S.W. Cascade Boulevard for Light Industrial use. General commercial designations are focused at the intersections with Scholls Ferry Road on the north and Greenburg Road on the south. The City of Beaverton Comprehensive Plan, by contrast, designates the entire area bounded by Highway 217 and the railroad, extending from Scholls Ferry on the south to Hall Boulevard on the north, for General Commercial development. Exhibit 4 illustrates the amendment requested by T. Michael & Associates. Designating the subject property for General Commercial development would be consistent with designations applied to surrounding properties and would remove the small island of Industrial Park zoning. 6 r•:........• (n r.•.....:•:::•....:•.•:•:•:•:•:•:•:•:•:•:•:•::•:•:•:•:•:•: -•::•:•:•:•:•:•:•:•:•:•:•:•:•::::X.•.•:':::•:•.•.•:•.•:•:•.•:' • U cr LLI ~~~ne dc•.•:.•:.•:........•.•....• O is O i•. Q i.•. 4• Q ppEY Grp ~ VIA O s a • ~s i r ♦i r i SITE { i 4 s 4 r O 5 S ♦ s ♦ V ~l e 0 G A s O P G 0 ♦ ♦o♦ ~ ♦e S C~ 40 ~Lp SCALE 0 400' SOURCE: COMPREHENSIVE PLAN MAP, 3190. EXHIBI'T' 3 N / ZONING LF- pip EXIST MICHAEL ASSOCIATES INDUSTRIAL PLAN AMENDMENT-ZONE CHANGE COMMERCIAL TIGARD CITY LIMITS } RAILROAD F 7 a t r o.• a•: NORTH r r.• LL F" v a~: i•' i:• 4w•. Z LLJ 4s 2 ~4 t: J i•. w.' Cn w. A ' Q BEAVERTCN ♦ ♦o i • 4 ii .S ♦ a i 0 ♦ e ♦ e 5 s s e J s G ♦ ♦ PO e p • e e T1G ~Q r `'rte SCALE 0 400' SOURCE: COMPREHENSIVE PLAN MAP, 3/90. EXHIBIT 4 LEGEND PROPOSED PLAN / ZONING T. MICHAEL & ASSOCIATES INDUSTRIAL PLAN AMENDMENT-ZONE CHANGE y } COMMERCIAL 1 TIGARD CITY LIMITS RAILROAD L 8 B. Site Characteristics 1. Existing Land Uses and Improvements A two story, 23,550 square foot wood frame building is currently located on the 1.1 acre parcel. The front entrance to the building and the parking area are oriented to S.W. Cascade Boulevard. The parking lot is landscaped and lighted. Trees have matured and i provide an attractive buffer of the parking area from the S.W. Cascade Boulevard D frontage. The parking area is paved and striped as follows: • 62 spaces marked for use by tenants of the buildings • 14 spaces identified for visitor use 3 handicapped spaces close to the entrance Access to the property is provided via a two-way driveway to S.W. Cascade Boulevard. The access point to this property lines up with the access point to the Levitz property. A fire hydrant is located adjacent to the driveway into the Levitz property. The following tenants currently occupy the second floor of the building on the site: Southwest Accounting & Tax Service Edge Financial Company Gary Stewart (Farmers Insurance) Kenneth M. Mitchell, CPA Fujitsu Imaging Systems of America Technology Enterprises Jeffrey S. Hawkins, DC Mark I. Creevey (State Farm Insurance) All of the existing tenants are characterized as professional office uses, and none of the businesses involve manufacturing or other industrial activities requiring an Industrial Park zone. 2. Proposed Land Uses and Improvements The applicant has retained an architect to prepare plans for remodeling the first floor of the building to accommodate a Shane Co. jewelry store. The second floor of the building will be retained in existing professional office use. 9 a 11111 111M The applicant will coordinate with the Building Department regarding necessary plans and code standards for the commercial remodel. If the requested plan amendment/zone change is approved, the applicant plans to proceed immediately with the remodel in anticipation of a store opening in early 1992. The jewelry store will be open seven days a week during the following hours: Monday - Friday 10:30 A.M. to 8:00 P.M. Saturday 10:30 A.M. to 5:00 P.M. Sunday Noon to 5:00 P.M. Total employment of 25 - 30 is projected for this location. Based on the company's experience with the Washington Square 11 location, peak retail traffic in the store occurs during evenings and on weekends. Therefore, it is expected that the parking needs + associated with the retail and professional office uses of the building will be complementary. i C. Facilities and Services Full urban services are currently available to the site. Given that the site is already developed and the plan amendment/zone change is requested only to accommodate a change of use, no impact on existing facilities and services is expected. 1. Transportation The subject property is bounded by significant transportation facilities. State Highway 217 and the Scholls Ferry on-ramp form one boundary of the property. Scholls Ferry Boulevard (State Highway 210) forms a second boundary and S.W. Cascade Boulevard forms the third site boundary. The segment of Scholls Ferry Road adjacent to the site is improved with two travel lanes in either direction, with a left turn lane and a signalized intersection at S.W. Cascade Boulevard. Highway 217 and the railroad corridor are identified as potential "Light Rail Corridor" study areas on the Tigard Transportation Map. The Oregon Department of Transportation ("ODOT") is in the process of completing a major improvement and widening of Scholls Ferry Road to the west of the site. Staff with the City Engineering Department are not aware of any changes planned for the Scholls/217 interchange area. Although sidewalks are being installed along Scholls Ferry Road further to the west, there are no sidewalks along the Scholls frontage of the subject r property or on the overpass of Highway 217. 10 The City of Tigard, Washington County and ODOT are coordinating on plans to upgrade the railroad crossing at Scholls Ferry with a rubberized intersection. S.W. Cascade Boulevard is designated a "major collector" roadway from Scholls Ferry on the north to Greenburg Road on the south. The assessor's map indicates an existing right- of-way of 50 feet for the portion of S.W. Cascade Boulevard adjacent to the site. The City of Tigard completed an asphalt overlay of S.W. Cascade Boulevard approximately 18 months ago and does not anticipate near-term widening or improvement of the roadway. At present, there are intermittent sidewalks along S.W. Cascade Boulevard. There is a sidewalk along the Levitz Furniture parcel, but no sidewalk adjacent to Toys R Us. Some business park developments further south on S. W. Cascade Boulevard have sidewalks, while others do not. The subject property is already developed and it is apparent that a sidewalk was not required as a condition of development. The S.W. Cascade Boulevard frontage along the subject property ends at the Highway 217 right-of-way and precludes construction of a "linked" sidewalk. The subject property takes access from S.W. Cascade Boulevard via a driveway which lines up with the driveway to Levitz Furniture. No changes to this existing access point are proposed. The intersection of S.W. Cascade Boulevard and Scholls Ferry is signalized, as is the off-ramp from Highway 217 to Scholls. The City does not have recent traffic counts for the segment of S.W. Cascade Boulevard adjacent to the subject property. However, 1990 traffic counts taken closer to Greenburg Road indicated that the road carried an average daily traffic (ADT) of approximately 2400 vehicles in each direction. Many of the vehicles stopped at commercial destinations close to the major intersections (Jazzercize, Office Club, Toys R Us) and did not continue along the roadway. 1988 Highway Division traffic counts for Highway 217 and Scholls Ferry Road in proximity to the subject property are provided below: Highway 217 0.30 mile south of Scholls Ferry 88,100 vehicles (ADT) Scholls Ferry 0.08 mile south of Hwy. 217 20,500 vehicles (ADT) A minimal change in traffic patterns to and from this site is expected with the change in zoning. The existing professional office uses of the second floor of the building will not be affected by the plan amendment/zone change. Traffic associated with the prior Times Publications use of the first floor of the building will be replaced by traffic associated with a commercial jewelry store. The proposed general commercial use will not generate any truck or distribution traffic. Additionally, peak customer periods tend to be focused on evenings and weekends as opposed to weekday office and industrial traffic. r . 11 f I i 1 2. Water Water service to the site is provided by the Tualatin Water District (former Metzger Water District). The railroad provides the boundary between the Tigard Water District an the Tualatin Water District. Existing service to the site is provided from a 12" main 1 in S.W. Cascade Boulevard. The Water District obtains its water supply from the City of Portland Bull Run system. The district operates under a 25 year water supply contract with the City of Portland. > The City of Tigard is not in the water supply business and will continue to rely on existing+ water districts for water service. A fire hydrant is located in proximity to the site at the ? driveway entrance to the Levitz Furniture parcel. ,t r 3. Sewer F The subject property is located within the territory of the Unified Sewerage Agency. A 12" main in S.W. Cascade Boulevard serves the site. The Unified Sewerage Agency also functions as the stormwater management utility for the area. Site drainage flows to ditches which parallel S.W. Cascade Boulevard. The driveway access point is culverted. 4. Miscellaneous Services Tualatin Valley Fire & Rescue provides fire protection services to the property. The closest fire station is located at 84th & Scholls Ferny (Station #253). A fire hydrant is located in proximity to the property at the driveway entrance to Levitz Furniture and existing water lines are sized to accommodate commercial area fire flows. Additionally, any modifications to the existing building will be reviewed by the Fire District for compliance with the Uniform Fire Code. Portland General Corporation provides electricity to the site. The Progress substation is located a short distance south of the site adjacent to S.W. Cascade Boulevard and the railroad. Power lines run overhead adjacent to S.W. Cascade Boulevard. The City of Tigard provides police protection services to the site. The prior owner of the site annexed to the city primarily to obtain enhanced police protection. The city offered a higher officer/population ratio than the Washington County Sheriff and also provided quicker response times. 1 12 1 III. PROCEDURAL AND SUBSTANTIVE REVIEW CRITERIA A. Statewide Planning Goals The Land Conservation and Development Commission ("LCDC") has acknowledged that the Tigard Comprehensive Plan complies with the statewide planning goals. The city recently completed a periodic review and update of the comprehensive plan and has t forwarded a final order to LCDC. The Tigard Comprehensive Plan provides the primary framework and policy basis to review the plan amendment and zone change requested by T. Michael & Associates. However, proposed amendments to an acknowledged local plan must also be evaluated in the context of relevant statewide goals. At a pre-application conference held on July 17, 1991, staff planner Jerry Offer indicated that Statewide Planning Goal l(Citizen Involvement), Goal 2 (Land Use Planning) Goal 9 (Economic Development) and Goal 12 (Transportation) were goals which must be addressed in the application. The following findings address the procedural and substantive requirements of the Statewide Planning Goals referenced by the staff at the pre-application conference. Goal text is highlighted in italic type. Goal 1. Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Findings: The City of Tigard has adopted a citizen involvement program which includes review of all land use and development applications by Neighborhood Planning Organizations (NPO). The subject property is located within the boundaries of NPO #2. A full copy of the submittal will be provided to NPO #2 for review and comments prior to the public hearings before the Planning Commission and City Council. Additionally, individual mailed notice will be provided to surrounding property owners in accordance with statutory notice requirements. Therefore, Tigard's established citizen involvement program and procedures insure the opportunity for citizens to be involved in the review of the requested plan amendment/zone change. a 13 I ~ Goal 2. Land Use Planning To establish a land use process and policy framework as a basis for all decisions and action related to use of land and to assure an adequate factual base for such decisions and actions. Findings: The Land Conservation & Development Commission has acknowledged that the Tigard Comprehensive Plan and Community Development Code comply with the Statewide Planning Goals. The local comprehensive plan and Code provide an excellent policy framework to guide individual land use decisions. The City will apply all relevant Statewide Goals, City of Tigard Comprehensive Plan policies and Community Development Code requirements to the review and consideration of the requested plan amendment/zone change, and the local decision will be based upon adequate facts and findings. Goal 9. Economic Development To provide adequate opportunities throughout the state for a variety of economic activities I vital to the health, welfare, and prosperity of Oregon's citizens. Findings: The requested designation of the 1.1 acre parcel for General Commercial use I will provide an opportunity to reinforce retail employment at a location which is well suited to retail use. An estimated 31% of persons working within the Tigard study area are employed in the retail sector, a higher percentage than found in Washington County as a whole. The Shane Co. employs 21 people at its present Washington Square II location. The firm anticipates hiring an additional 5-10 people with relocation to the subject property. According to a vacant land inventory completed in 1990, the City of Tigard has approximately 59 vacant acres designated for General Commercial development and 91 vacant acres designated for Industrial Park development. The amendment will not affect vacant land inventories because the property is already developed. However, the location of the property and site characteristics are consistent with criteria for general commercial development. Goal 12. Transportation O To provide and encourage a safe, convenient and economic transportation system: Findings: The subject property is located in an urban setting with safe and convenient access to major transportation corridors. The plan amendment/zone change will not result in any change to established access points. Additionally, the amendment is not anticipated to result in an increase in site generated traffic with the change of use of the first floor 14 i of the building from the prior Times Publications use to the proposed retail jewelry store use. Retail traffic trips are typically dispersed to a greater degree than office trips (Institute of Traffic Engineers, Trip Generation). Highway 217 and Scholls Ferry carry the greatest percentage of daily traffic during A.M. and P.M. commute periods. Based on experience at the current Washington Square II location, the jewelry store experiences higher customer peaks in evenings and on weekends. Therefore, the proposed use of the existing building will economically utilize the existing capital investment in major transportation facilities serving the area. B. Tigard Comprehensive Plan As noted in the introduction to this report, the subject property is currently designated for Light Industrial use on the Tigard Comprehensive Plan and is zoned Industrial Park (I-P). The I-P zone restricts general retail uses to a total of 20 percent of the entire square footage within the development complex. Given that the applicant proposes to remodel and convert the first floor of the existing building to a retail jewelry store and showroom, a plan amendment/zone change to General Commercial is needed. The Tigard Comprehensive Plan provides the policy framework to evaluate the requested amendment. Based upon a pre-application meeting conducted in July with planning department staff, the following plan policies are addressed in this submittal: 1.1.1 (Required consistency with statewide planning goals) 2.1.1 (Citizen involvement) 4.2.1 (Water quality standards) 5.1.1 (Diversification of economic opportunity) 5.1.4 (Encroachment into residential areas) 7.1.2 (Availability of services) 7.2.1 (Drainage control) 7.4.4 (Sewage connections) 7.5.2 (Police protection) 7.6.1 (Fire protection) 8.1.1 (Safe, efficient roadway systems) 8.1.3 (Site street improvements) 12.2.1 (Commercial locational criteria) 12.3.1 (Industrial locational criteria) In addition, the application must document that a change in physical circumstances has occurred since the original designation or that a mistake was made in the original land use designation. 15 Applicable comprehensive plan policies and criteria are highlighted in italic type below, followed by comments which explain why the requested amendment from Light Industrial to General Commercial complies with the policies and criteria. Section 1. Quasi Judicial Changes to the Plait Map Changes to the Comprehensive Plan Map may be initiated by affected parties on a semi- annual basis and approved if the City Council finds: a. The change is consistent with applicable plan policies; b. A change of physical circumstances has occurred since the original designation; or c. A mistake was made in the original land use designation. Findings: Applicable plan policies are described in the balance of this section and are not repeated here. Although the exact date of construction of the building on the subject property is not known, the site development preceded annexation of the property to the City of Tigard in 1985. The property was developed under the jurisdiction of Washington County and under an industrial designation. Several changes in physical circumstances have occurred since Washington County originally applied an industrial designation to the subject property. First, the Cities of Tigard and Beaverton have annexed many areas along the Highway 217(Scholls corridor which had previously been in Washington County's jurisdiction. With annexation, the cities have assumed the lead role in determining the appropriate plan designations for annexed territories. Second, the City of Tigard amended the Comprehensive Plan Map and zoning designations of property across Cascade Boulevard from the subject property in 1980. The designation 1 of the 8.23 acres was changed from Industrial to General Commercial and Levitz Furniture and Toys R Us stores were built on the property. With approval of that earlier amendment, the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Further, the larger land area in the vicinity of the subject property at the Highway 217 & Scholls Ferry interchange is zoned and developed for general commercial uses and the subject property is no longer an appropriate location for Light Industrial development. Third, Times Publications has vacated use of the first floor of the existing building on the A property. All remaining tenants on the second floor of the building are characterized as "professional office" uses. The existing building is not designed as an industrial or flex space building. The building is well-suited to a combined office/retail use. However, the current I-P zone does not provide the flexibility to accommodate retail and office uses 16 in the absence of any industrial use. Therefore, the changes in physical circumstances which have occurred since the property was originally designated warrant a change from Light Industrial to General Commercial. # The applicant does not contend that a "mistake" or "mapping error" was made in the original designation. However, the prior Times Publications use could have been accommodated in either the Light Industrial or General Commercial designations. Given existing site improvements and uses proposed for the site, and given surrounding designations and land uses, it is appropriate for the City of Tigard to redesignate this site for General Commercial use. Policy 1.1.1 The City shall ensure that.- a. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the regional plan adopted by the Metropolitan Service District, b. Any neighborhood planning organization plans and implementation measures adopted by the City of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and c. The Tigard Comprehensive Plait and Community Development Code are kept current with the needs of the community. In order to do this. 1. This plait shall be reviewed and updated at least every five years. Findings: LCDC has acknowledged that the City of Tigard Comprehensive Plan complies with the Statewide Planning Goals. Additionally, the city recently completed a five year review and update of the Comprehensive Plan. The City will provide notice of the requested plan amendment/zone change to the Department of Land Conservation & Development ("DLCD") in accordance with post-acknowledgement plan amendment review procedures. DLCD will have an opportunity to review and comment on the proposal if any statewide goal issues are raised by the amendment. Metro is beginning the process of public hearings on a Regional Growth Management Plan (RUGGO). It is anticipated that Metro will focus on broad issues of metropolitan- wide significance and functional planning (transportation, solid waste, natural areas) rather than a review of individual plan amendments within jurisdictions. It is the applicant's position that the requested amendment of a 1.1 acre parcel from a Light Industrial designation to a General Commercial designation does not raise issues of regional significance. The applicant's representative contacted the planning department of the City of Beaverton to describe the requested amendment and obtain information on Beaverton plan 17 Y designations in the vicinity. Senior Planner Nadine Smith indicated that the application of General Commercial zoning to the subject property would be consistent and compatible with zoning applied to properties north of Scholls Ferry Road within the City of Beaverton. The railroad and Highway 217 provide the boundary for the adjacent area of General Commercial zoning within the City of Beaverton. According to information provided by the planning staff, the subject property is not located within the boundaries of a neighborhood association plan or a Special Area of Concern. The applicable neighborhood association, NPO #2, will be provided a copy of the application and will have an opportunity to review and comment on the proposal prior to the public hearings. s Therefore, established notice and coordination procedures will ensure that the requested amendment is evaluated for consistency with applicable statewide planning goals and other applicable plans. Policy 2.1.1 The City shall maintain an ongoing citizen involvement program and shall assure 1 that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The City of Tigard has implemented an ongoing citizen involvement program. Neighborhood planning organizations (NPO) contributed significant time and energy to x developing Tigard's plan. Additionally, NPO's are involved in the review of land use policy ` issues and site-specific development proposals. The City will forward a copy of this application to NPO #2 for their review and comment prior to the public hearing. Notice of the application and public hearing will also be posted on the site, published in the Tigard Times and mailed to surrounding property owners in accordance with statutory requirements. Therefore, use of established neighborhood organization and notification procedures will ensure that citizens have an opportunity to be involved in consideration of the plan amendment/zone change request. Policy 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Findings: The site is already developed and building and site improvements were reviewed for compliance with federal, state and regional water quality standards in effect at the time of development. The proposed redesignation of the site for General Commercial use will not result in significant building or site modifications or affect compliance with this plan policy. The applicant recognizes that any changes to impervious surface area are reviewed by the Unified Sewerage Agency for compliance with the Oregon Environmental Quality Commission's rules for the Tualatin River Basin. 18 t Policy 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: Retail and service jobs provide an important segment of the local job market. If the requested amendment is approved, the applicant will have the certainty needed to remodel the first floor of the existing building for a retail jewelry store and showrooms. The Shane Co. expects to increase employment (currently 21) by 5-10 people with the relocation from Washington Square II to the subject property. Policy 5.1.4 The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. Findings: The subject property is not located within or adjacent to a designated residential area. The requested amendment will allow "infill" use of an established commercial area and will contain encroachment into residential neighborhoods. Policy 71.2 The City shall require as a pre-condition to development approval that. a. Development coincide with the availability of adequate service capacity including.• 1. Public water; 2 Public sewer; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. C. All new development utilities to be placed underground. Findings: The subject property is currently fully served with urban services, including water, sewer, gas, electricity and telephone. The requested amendment will allow continued use of the existing infrastructure and will not require any changes to the service delivery system. All service providers will have the opportunity to review and comment on the requested plan amendment/zone change prior to the public hearing. Although Policy 7.1.2 requires underground utilities in all new development, the subject property was developed under Washington County's jurisdiction and existing power lines run overhead along S. W. Cascade Boulevard. 19 } Policy Z21 The City shall require as a pre-condition to development that. a. A site development study be submitted for development in areas subject to poor drainage, ground instability or f cod;H g ~rizich shows that the development is safe and will not create adverse offsite impacts, b. Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on-site drainage problems and will assure no adverse offsite impacts; C. All drainage can be handled on-site or there is an alternative solution which will not increase the offsite impact; d. The 100 year floodplain elevation as established by the 1981 flood insurance study conducted by the U.S. Army Corps of Engineers be protected; and e. Erosion control techniques be included as a part of the site development plan. Findings: The site is not located within the boundaries of a 100-year floodplain or a designated area of ground instability. The property is developed and the plan amendment from Light Industrial to General Commercial will not change the site development or drainage patterns. Policy 7.4.4 The City shall require that all new development be connected to an approved sanitary sewerage system. Findings: The subject property is connected to the sanitary sewerage system. An existing sewer trunk line is located in S.W. Cascade Boulevard and provides gravity flow service to the subject property. Policy 7.5.2 As a part of the ongoing development review, the City shall: a. Require visible identification signs to assist emergency vehicles in locating the area of the problem; b. Utilize defensible space concepts, and c. Require the Tigard police department to review development applications. Findings: The subject property sits on a knoll adjacent to several heavily traveled highways and the building is very visible. The Shane Co. will establish clear signage for the business and the building remodel will incorporate security considerations in the design. Additionally, the Tigard police department will have the opportunity to review and comment on the requested plan amendment/zone change and any subsequent building modification. 20 t v Policy 7.6.1 The City shall require as a pre-condition to development that. a. The development be served by a water system having adequate water pressure for fire protection purposes, b. The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes, and c. The applicable fire district review all applications. Findings: The amendment is required to accommodate a change of use of an existing structure. Tualatin Valley Fire & Rescue serves the area from a station located at Scholls Ferry and 84th (Station #253). Existing water mains and hydrants are located in S.W. Cascade Boulevard adjacent to the site. Additionally, the fire district will have the opportunity to review any applications for building modification. j Policy 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. s Findings: It is anticipated that the proposed redesignation of the site will result in a minimal change of traffic on the existing roadway system. According to the Institute of Traffic Engineers Trip Generation Manual, light industrial and industrial park facilities usually generate trips at the same time as adjacent street traffic (7 to 9 A.M. and 4 to 6 P.M.). Peak travel times to specialty retail uses such as a jewelry store, however, tend to be focused on evenings and weekends. The existing roadway system has adequate capacity to accommodate the modest change in use of the first floor of the building from the prior newspaper publishing use to the proposed retail jewelry store. An existing signal at the intersection of Scholls Ferry and S.W. Cascade Boulevard includes a left turn lane for safe and efficient traffic flow. Policy 8.1.3 The City shall require as a precondition to development approval that. a. Development abut a publicly dedicated street or have adequate access approved by the appropriate approval authority; b. Street right-of-way be dedicated where the street is substandard irz width; C. The developer commit to the construction of the streets, curbs and sidewalks to city standards within the development; d. Individual developers participate in the improvement of existing streets, curbs and ' sidewalks to the extent of the development's impacts; e. Street improvements be made and street signs or signals be provided when the development is found to create or intensify a traffic hazard, f. Transit stops, bus turnout lanes and shelters, be provided when the proposed use is of a type which generates transit ridership; r 21 i g. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons; and h. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. j Findings: The site is fully developed and the plan amendment/zone change is requested to } accommodate general retail use of the first floor of the existing building. Road and access improvements were required by Washir," on County in conjunction with the original development review process. The driveway access point to S.W. Cascade Boulevard was established to provide for safe visibility. Additionally, handicapped parking spaces were required and located close to the entrance to the building. Therefore, it is the applicant's position that Policy 8.1.3 does not apply to this plan amendment/zone change request. The applicant recognizes that any future modifications to the property or building which require site development review approval could be conditioned for improvements under Policy 8.1.3. Policy 12.2. The City shall: a. Provide for commercial development based on the type of use, its size and required trade area, b. Apply all applicable plan policies. C. Apply the appropriate locational criteria applicable to the scale of the project. General Commercial Criteria General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale (1) Trade Area. Varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. Varies. 22 B. Locational. Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create trafflc congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements, and the traf is generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. O (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. Findings: The subject property is located within the trade area currently served by The Shane Co. at the Washington Square II location. The site size and existing building provide adequate area to accommodate relocation and expansion of the existing jewelry store. The subject property is not located within or adjacent to a designated residential area. Existing uses within the immediate vicinity of the site are characterized as commercial uses (Levitz, Toys R Us, Silo, Cascade Plaza, etc.). Approval of the requested amendment will provide an opportunity to "infill" an established general commercial area and remove an island of industrial park zoning. The subject property is bounded by State Highways (arterials) on two sides and by a major collector roadway on the third site. Direct access to the property is available via a driveway to S.W. Cascade Boulevard which matches the access point to Levitz Furniture. There is no direct access from the site to Scholls Ferry Road. The intersection of S.W. Cascade Boulevard and Scholls Ferry is signalized, as is the on & off-ramp to Highway 217. Additionally, transit service is available to Washington Square and along Scholls Ferry Road. Approval of the requested amendment will not result in an appreciable change in traffic volumes. 23 i Given 1988 traffic volumes (Average Daily Traffic) of 4800 vehicles on S.W. Cascade Boulevard, 20,500 vehicles on Scholl; Ferry and 88,100 vehicles on Highway 217, traffic volumes generated by the retail jewelry store will represent a minor fraction of the overall background traffic volumes i on adjacent roadways. j T. Michael & Associates purchased the subject property because the site has high visibility and the ! existing building can be remodeled to accommodate present and future needs. The applicant proposes only a remodel of the existing building to accommodate the retail jewelry store and showrooms on the first floor. The scale and design character of the building will not be changed dramatically with the remodel. All adjacent uses are either major roadways or commercial uses. Therefore, the requested amendment and proposed general commercial use of the property will not interfere with residential and non-commercial uses and the request is consistent with all locational criteria which have been established for general commercial development. Policy 12.3.1 The City shall require that. a. Sites for Heavy Industrial development shall be: (1) Separated by topography established buffers, transportation or other non-residential land uses from residentially developed areas. (2) Located in areas having rail service, arterial or major collector access. b. Sites for Light Industrial development shall be: (1) Buffered from residential areas to assure that privacy and the residential character of the area are preserved. (2) Located on an arterial or collector street and that industrial tra,,B`ic shall not be channeled through residential areas. C. The site shall be of a size and shape which will provide for the short and long range needs of the use. d. The land intended for development shall have an average site topography of less than 6% grade, or that it can be demonstrated that through engineering techniques all limitations to development and the provision of services can be mitigated. e. It can be demonstrated that associated lights, noise and other external effects will not interfere with the activities and uses on surrounding properties. f. All other applicable plan policies can be met. I Of 24 Findings: The subject 1.1 acre parcel is separated from residential areas, is located on arterial and collector streets, and does have a grade of less than 6%. However, the site size, unusual configuration and existing building are not suited to the needs and requirements of industrial park users. Typically, industrial or flex space buildings are single story with loading bays. Much of the recent "business park" development within the City of Tigard has occurred within larger scale parks which are developed and managed to accommodate a range of industrial, distribution and office uses within a planned campus. None of the existing uses within the building are characterized as industrial uses which require Industrial Park zoning. Given the pattern of zoning and development on adjacent parcels and the character of the existing building and tenants, the subject property more appropriately fits the criteria for General Commercial development as opposed to Light Industrial development. a C. Community Development Code i The applicant is requesting a zone change from I-P to C-G in conjunction with the requested amendment to the Comprehensive Plan Map. Section 18.22.040 of the Community Development Code sets forth the decision standards and procedures for amendments to the Zoning Map as follows: A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards. 1. The applicable comprehensive plan policies and map designation and, the change will not adversely affect the health, safety and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgement of the comprehensive plan and ordinances, 3. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Findings: The zone change criteria essentially parallel the criteria for a comprehensive plan map amendment. Findings under Sections IIA and 1113 of this report address compliance with applicable statewide planning goals and comprehensive plan policies. Additionally, findings have been provided to address the evidence of change in the neighborhood or community or inconsistency in the comprehensive plan or zoning map. To avoid redundancy, the findings provided to address the comprehensive plan amendment also apply to the zone change. The change will not adversely affect the health, safety or welfare of the community because the site is already developed; the location is appropriate for commercial uses; existing roads and improvements can safely accommodate traffic flow; and established federal, state and local health and safety standards govern actual site use and protect the welfare of the community. Applicable standards of the Community Development Code which pertain to General Commercial development are addressed below. 25 r f } 1 18.62 010 Purpose The purpose of the general commercial areas is to provide for major retail goods and services: 1. The uses classified as general commercial may involve drive-in services, large space users, ® a combination of retail, service, wholesale, and repair services, or provide services to the ®I traveling public; 2. The uses range from automobile repair and services, supply and equipment stores, vehicle ® sales, and drive-in restaurants to laundry establishments; and ii 3. It is intended that these uses be adjacent to an arterial or major collector street. Findings: The use of the building proposed by The Shane Co. is classified as a retail use. Other tenants in the building provide professional and administrative services. The existing site improvements and existing and proposed uses of the building are consistent with the purpose 1 statement of the C-G zone. The area surrounding the site has an established commercial character. The street and utility pattern is established and will support the planned uses of the property and the existing building. 1 18.62.030 Permitted Uses This section sets forth permitted uses in the C-G zone. Findings: The applicant proposes to remodel and use the first floor of the building for a retail jewelry store and retain existing professional office uses on the second floor. All of the existing and proposed land uses are explicitly identified as permitted uses in the C-G zone. 18.62.050 Dimensional Requirements } This section sets forth the lot width requirements, setback provisions, site coverage, building height J and landscaping provisions of the C-G zone. Findings: The existing building and site development comply with all dimensional requirements and standards of the C-G zone. A copy of the existing site development plan for the property is enclosed in Appendix C. Eighty percent of the site is committed to building and paved areas, and 20 percent of the site is landscaped. The C-G zone allows up to 85% coverage (building and impervious surfaces) and requires that 15% of the site be landscaped. The C-G zone does not specify yard setbacks, except in the case where the commercial zone abuts a residential zone. The subject property is not contiguous to any areas of residential zoning. i l T 26 IV. SUMMARY Approval of this plan amendment and zone change request will result in minimal change or impact to the land use and development pattern in the immediate area. The site and building location, characteristics and visibility are well suited to general commercial uses. All infrastructure required to support the development is in place and will not be changed or affected by the plan amendment/zone change. The plan amendment/zone change complies with the locational criteria established for general commercial uses and is justified in light of designations and uses established on surrounding properties. Given all of these factors,, it is appropriate for the Tigard Planning Commission and City j Council to designate the 1.1 acre parcel for general commercial use. 1 d r 27 a Ell 11 i V. APPENDIX A-1 Application Form A-2 Title Transfer Instrument A-3 Site Plan I A-4 List of Tenants I it ` 28 E i 4 t CITY DF TwARD, OREGON COMP FHFNgIpE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. OTHER CASE NO'S: 3 RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION (A) Application form (1) (B) Owner's signature/written _ 9730 S. W. Cascade Blvd. authorization TAX MAP AND TAX LOT N0. 1S1 27DD Tax Lot 100 (C) Applicant's statementAlo C.opiCS tTE SIZE 1.11 acres (pre-app check list) PROPERTY OWNER/DEED HOLDER* T. Michael & Associates (D) Filing fee 72) ADDRESS 9200 E. Mineral Ave.L PHONE (303)792-3500 Additional information for Compre- CITY te~~2xae0~1,-~ ZIP 80112 sive Plan Map Amendments/Zoae Changes ~ ~ APPLICANT* SAME (E) Maps indicati g prope 6hou~ be,Darrrtm ! , c+fs PHONE location ( _ `sfak '17c 4aFF ADDRESS ls- # CITY ZIP (A) T{^« of property-owners-and- --addresses-wi-thin 20--feet (t) *When the owner and the applicant are different -S-- people, the applicant must be the purchaser of record (G) Assessor's Map (1) or a lessee in possession with written authorization (Hj Title transfer instrument (l) from the owner or an agent of the owner -with written 3 Cp ley of h451c Si /e P/ah authorization. The owner(s) must sign this Qccr p/eU7, and idcm 4ta fi'oh application in the space provided on page two or of-b--mahts submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: contract purchaser 2. PROPOSAL SUMMARY i The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from Light Indust44L1 ~to.22Wral and a Zone Change fromi-P MustIal eial C-G (General Ccmwxc~a ar N . P . O . Number : OR - The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: ~ 0737P 23P A-1 Revd: 5/87 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: NONE ' 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. I 5. THE APPLICANT(S),SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants - so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 1 1 , day of 6bi9tN4,- 19~ SIGNATURES of each owner (eg. husband.and wife) of the subject property. T. Michael & Associates. . 0,1 7r- By: Thanas M. Shane Partner (KSL:pm/0737P) z D - Y After Recording Return to: 1036021 Malcolm Woods Esq. 4 e reaOij COUrtry & Smith IS 101 E. Broadway. Ste. 200 L~ Eugene, Or. 97401 j ~ MZMORANDUM OF CONTRACT NOTICE IS HEREBY GIVEN that SCROLLS WEST BUILDING, INC., an Oregon corporation, Seller, and T. MICHAEL & ASSOCIATES LTD., Pu ha er, a tered into a Land Sale Contract dated 1991, whereby Seller agreed to sell and P cha r agreed to purchase a fee simple interest in the real r property described in Exhibit A attached. r S The terms and conditions of the contract are incorporated by reference as if set forth herein. This memorandum is made for the purpose of recording in the Official Records of Washington yl County, Oregon. u.1 R - THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNI14G OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY z APPROVED USES. The true consideration for this conveyance is $1, 350, OOD Dated this ?G( day of , 1991. o~ wASSaarlc-cu couNrr SCHOLLS WEST BUILDING, INC. RE L A7O?E!J )T ' rrANSFER TAX k d0 FEE PAID DATE By: SELLER T. MICHAEL & ASSOCIATES LTD. By' zst r PURCHASER s R !0 3 1 y' 'C:~ Y J?Y: `1f y.Xtji'`Z,`!'~!(•ri~'',• ci ~',1.i~~n•.'.• 7~ .1 r ,►~~1~''-~, '~.i5 0`•ryr~ 61''.,,•yi..4., l!~~~'.~..•J!~i i Yr r. ~i,~ r~ ~ .-ri!.. ~,1~ . r .'Y+..t'•^. w ti "t t ;i,!~4,,, ~r. , d.r .t' •.i o A-2 i - STATE OF OREGON ) ss County of LriAg %~c49liUV> • , 1991 LM i Personally appeared Allan A. Gemmell, who, being sworn, stated that he is the Secretary of Scholls West Building, Inc., and he ,.that this instrument was volunta~~ signed on behalf oeel., coxpora~ti6r•_by «uthority of its B:ardJof Direc rs B n fore / I Notary Public f Oregon My Commission Expires: i STATE OF COLORADO ) ss County ofl/CJ2~ . , • 1991 Personally appeared -7-h m, SAW"-) , partner of T. Michael & Associates Ltd., and acknowledged the foregoing instrument to be his/her voluntary act and deed. Before 1 me: 4Not y Public co olor dQ - My Commission Expires: I~y ommissionExpiresfeb.7,1993 J+,.` Until a change is requested, all tax statements shall be .,s~ tt.,a0 the following address: T_ ANehanl F. AaaneiatPa nrl F Minn.-al AvonnP~S„ita ?OQ+ Fngipwnoei rn- gnii? 414 Y. i • t: L: \NPDOCS\NHS\16115CNL.D:3 4 1,4 .1 00, RA IF. 1 . z U9 f • f TO . f - i a Sheet ink n,,. `(t51 Jensen Krause Schoenleber, Inc. •e,~e1Ce lob. No 1620 S.W. iayior Street • Suite 200 • Portland. Oregon 97205 ~r..- 503.227.5616 orawn Br Che h.d Br %I,-, N. A-3 8Z'S28ET 8 s. A88IQNVD L8URS C* _ `7 5 LEASE ~IINATION ` 3. LEASE DATE DATE ?;i2 SOUTHWEST ACCOUNTING A TAX SERVICE July 27, 1988 August 31, 1992 ' EDGE FINANCIAL COMPANY November 17, 1989 January 31, 1995 GARY STEWART (FARMERS INSURANCE) June 10, 1985 September 31, 1995 XENNETH M. MITCHELL, CPA October 26, 1989 December 31, 1994 ; FUJITSU IMAGING SYSTEMS OF AMERICA July 18, 1990 July 31, 1993 TECHNOLOGY ENTERPRISES January 29, 1991 July 31, 1991 JEFFREY 3. HAWXINS, DC December 7, 1988 December 31, 1992 ; st'~ s - NARK I. CREEVEY STATE FARM INSURANCE July 31, 1990 October 31, 1994 yat:,~.t Yf~ ~k ,N.1 2 • . 1 t STATE OF OREGON County of Washington pry t, Jerry R. Ha r of Assessment L~ and Taxation ap flicto order of Con- veyances for so coonfy )-there ertify that the within Ultrum int of• wrlffrtp~v eeeived and roeordwb DVbook d.rseortfs 0%1 unty. { JArry R Ha~neon.1 Q)r or of r st1jr4 Ex• X OtficfocounbCll a.y Coll ~t~V • e Doc 91036022 1-J; Rect: 57594 48.00 07/05/1991 03: 19: 44PM yr f:t Lt\WPDOCSNDSC%SCSOLLSA.SSL J Cj~Y~ MP'/~,,.z_ ~'V ~,y .:r• ,0•:':,v..~~•~`,• ' ity N,: rr!!t' ."ti. . z'. Y i.~.'. QQ y 'ilx ~tj~/~{a •f •'~~~f144 i' `+4 ✓S' 2. •Y•` i i~'t !.'x• '~'^:•~.j~rR{a;':f:`~~F'rfS ti.J4p.. 4A 11211•• ti Ci Al~i«'e! b•~~id.6 ~v~r N., IK J '29:47 r. A-4 f COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 19,1991 DATE SUBMITTED: ISSUE/AGENDA TITLE: Adoption of U A PREVIOUS ACTION: Regulations PREPARED BY: Greg Berrv 43 / DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BE-FOR THE COUNCIL Adoption of USA regulations related to sewers and surface water management. STAFF RECOMMENDATION Staff recommends adoption of the attached ordinance. INFORMATION SUMMARY Previouslv, the City entered into an agreement with the Unified Sewerage Agency (USA) which requires the Citv to abide by and to enforce USA regulations relating to sanitary and storm sewers and surface water management, and to collect certain fees and SDCs determined by USA. The Citv ` has also adopted regulations requiring compliance with Tualatin Basin surface I.. water management standards required by State regulations. Now, to conform to certain State requirements, it is necessary to also formally adopt certain USA regulations by City ordinance. The attached ordinance satisfies the State requirements and, further, it provides more clearly the procedure for enforcement when violations occur in the City. The ordinance does not change Tigard practices, as USA regulations are already being enforced in accordance with the Citv/USA agreement. PROPOSED ALTERNATIVES Failure to adopt the USA regulations by ordinance by December 1, 1991, would place the, the City and USA in non-compliance with State regulations. FISCAL NOTES No change. Per the previous agreements, the City is already acting as USA's agent and collecting the fees and SDCs established by USA. rw/ord-usa f