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City Council Packet - 12/10/1991 i 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 (6:30 P.M.) 1. BUSINESS MEETING (7:30 P.M.)) y 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: November 19, 1991 3.2 Receive and File: Council Calendar 3.3 Approve Appointments to the Neighborhood Planning Organizations - Res. No. 91-_ 3.4 Local Contract Review Board: Approve Purchase of Three Police Vehicles i COUNCIL AGENDA - DECEMBER 10, 1991 - PAGE 1 4. iAPPEAL PUBLIC HEARING - SITE DEVELOPMENT REVIEW SDR 91-0013 PLANNED DEVELOPMENT PDR 91-0006 TRIAD DEVELOPMENT (NPO #6) An appeal of the Planning Commission's decision approving a request for Site Development Review and detailed Planned Development approval of a 348 unit apartment complex on a 27.2 acre property. ZONE: R-12 (PD) (Residential, 12 units/acre Planned Development) and R-25 (PD) (Residential, 25 units/acre Planned Development) LOCATION: SW Naeve Street between SW Pacific Highway and SW 109th Avenue (WCTM 2S1 10AD, tax lot 9300, 2S1 10AC, tax lots 600, 700, 800, 900, and 2S1 10DB, tax lots 100, 200, & 300) APPLICABLE APPROVAL CRITERIA: Community Development Code sections 18.32, 18.54, 18.56, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120,18.150,18.164; Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1, and 8.1.3. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: - Appellants - NPO 6 Representative - Proponents (Speaking for Appeal) - Opponents (Speaking Against Appeal) - Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Motion: Direct Staff to Prepare Final Order Reflecting Council Decision 5. PUBLIC HEARING - STREET VACATION FOR A PORTION OF S.W. GARDEN PARK PLACE (SCHUMACHER) • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: Proponents (Speaking for Vacation) Opponents (Speaking Against Vacation) Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Ordinance No. 91 1. COUNCIL AGENDA - DECEMBER 10, 1991 - PAGE 2 i i C t«U Y ' a E. ZONE ORDINANCE AMENDMENT ZOA 91-0003 A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls to allow fences up to six feet in height in front yards along designated arterial and collector streets excluding clear vision areas; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. • Staff Recommends Public Hearing be Continued to December 17, 1991 7. ADMINISTRATIVE ISSUES j t • City Administrator r x 8. 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.; 9. ADJOURNMENT ' E s~ =1210.91 i i COUNCIL AGENDA - DECEMBER 10, 1991 - PAGE 3 Council Agenda Item 3.1 TIGARD CITY COUNCIL MEETING MINUTES - December 10, 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 and Jack Schwab (present for Study Session only). Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Ken Elliott, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Agenda Review: City Administrator advised that Item 3.3, NPO appointments, should be deleted from the Council's Consent Agenda. Planning Commission review is scheduled for December 16, 1991. This item will be on the Council's December 17, 1991 Consent Agenda. Staff and Council reviewed Item 4 - Triad Appeal Hearing. Staff recommended that the Public Hearing be continued to February 25, 1992. Legal Counsel Elliott explained the continuation recommendation was predicated on the pending LUBA appeal of a Comprehensive Plan Amendment on the Transportation Map for this area. LUBA's decision will affect one of the approval options for the Triad Development. If LUBA requires the CPA be remanded to the City, then Triad would have to start completely over with the required public hearings. There was discussion on process. Staff recommended a requirement that all documents to be considered by Council be submitted to the City by 5 p.m. on February 3, 1992. Council noted concern for a timely review of this issue. NPO 6's appeal issue may be resolved in the near future. Mrs. Marge Davenport, the other appellant, has requested that the Public Hearing be delayed until after the LUBA decision has been received. City Engineer Wooley advised that the NPO's appeal is based on concern that the new road in the area south of the Triad Development should be built before the development is built. He advised that an agreement in which Triad would match funds expended by the City on such a road is being drawn up. He advised he would like to introduce the draft agreement to the Council during the business part of the meeting so that it is entered as a written part of the record. CITY COUNCIL MEETING MINUTES - December 10, 1991 - PAGE 1 Greenspaces Program: Intergovernmental Coordinating Committee for Washington County Mayor Shirley Huffman of Hillsboro represents Washington County Cities in the Greenspaces Program and is seeking an alternate to attend when she cannot. Council's busy schedule for the next few months prevents participation at this time. Intergovernmental Coordinating Committee (IGC) for Washington County - Council liked the committee's concept and favored continued work. • City Council recessed at 7:00 p.m. (Councilor Schwab left the meeting at this time). BUSINESS MEETING 2. VISITOR'S AGENDA: No visitors 3. CONSENT AGENDA: Motion by Council Kasten; seconded by Council Johnson to approve the Consent Agenda Item 3.1, 3.2 and 3.4. Item 3.3 will be considered on December 17, 1991. Motion was approved by unanimous vote of Council present. 4. Appeal Public Hearing - Site Development Review SDR 91-0013. Planned Development PDR 91-0006; Triad Development (NPO #6): An appeal of the Planning Commission's decision approving a request for Site Development Review and detailed Planned Development approval of a 348 unit apartment complex on a 27.2 acre property. ZONE: R-12 (PD) (Residential, 1,2 units/acre Planned Development) and R-25 (PD) (Residential, 25 units/acre Planned Development) LOCATION: SW Naeve Street between SW Pacific Highway and SW 109th Avenue (WCTM 2S1 10AD, tax lot 9300, 2S1 10AC, tax lots 600, 700, 800, 900, and 2S1 10DB, tax lots 100, 200, & 300) APPLICABLE APPROVAL CRITERIA: Community Development Code sections 18.32, 18.54, 18.56, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, 18.164; Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6. 1, F 8.1.1, and 8.1.3. CITY COUNCIL MEETING MINUTES - December 10, 1991 - PAGE 2 f i A. The public hearing was opened. Upon advice of legal counsel, the City Council continued the Public Hearing to February 25, 1992. By then, it is expected that a decision will have been made by the Land Use Board of Appeals (LUBA) on a case concerning the transportation plan affecting the area in which this development is located. Written testimony will be accepted by the Planning Department or City Recorder until 5 p.m., February 3, 1992. B. The following written testimony was received into the record: • Draft road improvement agreement between Triad Tigard Limited Partnership and City of Tigard. • Petitions for review from Marge Davenport and supporting documentation. • December 1, 1991 letter from James H. Bean, of attorneys for Robert Luton. • December 10, 1991 memorandum from G. McReynolds, King City Councilor to Mayor Edwards and Tigard City Councilor regarding Triad Development. 5. Public Hearing - Street Vacation fora Portion of S.W. Garden Park Place (Schumacher) A. The public hearing was opened. B. There were no declarations or challenges. C. Community Development Director Murphy reviewed the staff report submitted to Council in their meeting packet. D. Mr. Dean Schumacher, the applicant, advised he would like to see the proposed vacation approved by Council. He said the purpose of the vacation was to allow the road to conform with the adjoining lots and also conform with the right-of-way for adjacent streets. E. Councilor Johnson asked for clarification between Exhibits B and C. The Community Development Director responded that the staff was recommending a different alignment than what the applicant requested. F. Public hearing was closed. CITY COUNCIL MEETING MINUTES - December 10, 1991 - PAGE 3 f G. ORDINANCE NO. 91-35 - AN ORDINANCE VACAT ING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A PORTION OF SW GARDEN PARK PLACE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. H. Motion by Councilor Johnson; seconded by Councilor Kasten, to approve Ordinance No. 91-35. Motion was approved by unanimous vote of Council present. 6. Zone Ordinance Amendment ZOA 91-0003 A. A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls to allow fences up to six feet in height in front yards along designated arterial and collector streets excluding clear vision areas; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. B. The public hearing was continued to January 28, 1992. 7. Executive Session cancelled. 8. Adjournment at 7:42 p.m. Aft st: Catherine Wheatley, City Re after ~__i _ Mayor, City of Tigard Date: /r y lqz t, h:keoorder\canbcm1210.91 a CITY COUNCIL MEETING MINUTES - December 10, 1991 - PAGE 4 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7113 BEAVERTON, OREGON 97075 Legal Notice Advertising • C v • ❑ Tearsheet Notice The following meeting highlights are published for your information. Full City of Tigard 1 -xagendas may lie obtained from thG City Recorder, 13125 S.W Hall PO Box 23397 , 19g BoWevird, Tigard, Oregon 97223, or by calling 639-4171. ° ° ❑ Duplicate Affidavit Tigard, OR 97223M ~1C,Hc' CU Y COUNCII, BUSINESS ,MEETTNG. • ~N1~ i Or • DECEMBER 10,1991 . . TIGARD CITYHALL'=TOWN HALL.;; 13125 ;S:W. HALL BOULEVARD, TIGARD; OREGON ;'Stud Meeun Town Hall C nference Room 6.30 P M: Y s4 ) AFFIDAVIT OF PUBLICATION Business M~t<rig (Town Hall) {7 30 P M ) STATE OF OREGON, )a{ ss Pubhc Heanngs: ~t COUNTY OF WASHINGTON,) o Appeal'of Plannyng Coiiimission Decistan ,,,Site"DQV$lopmapc: I, Judith Koehler Review SDR 91 0011 Planned Development PDR 91 0(106; Triad being first duly sworn, depose and say t t I amt Advertising Development (NP0:6)locadon S W~Naeve Strcet,between S W` Director, or his principal clerk, of the-31 - a Mmes;Pacific Higli~~ay and'S 1/ =109th Avenue bt t ~v r 7 a newspaper of general ci(Rlatiou as defined in ORS 193.010 4• f Street Vacation for' a Portion E W Garden Park Place y ter: i and 193.020; published at gard in the x„.Zone Ordinance+Ainendriient, ZOA 91 0003 To allowstences or' aforesaid county and state; that the walls up to slx en feef m height front yards along designatetl~arteiist Notice of Ci ry Coimei.l Business Meeting andtcollec4pr streets excluding clea,~vision'areas Also to bmend a printed copy of which is hereto annexed, was published in the vision clearance retiuirementsrto address topograp3hyrand velrti$Tal~Y< entire issue of said newspaper for One successive and curve situagons _ * ,r 3f £1 consecutive in the following issues: "Focal Contratew Boazd faun;r SCR?°~r~?t ':3l A 3 re w i fi~ t~ ~'s J December 5, 1991 Bxecuuve Session , a,; ~k _ K w s The Tigard Cit~Coun~il~,wili go irgtoExecuti~e 3essio~5nder.thb~} provisionsf of ORS,192 660 `(~i) (d} "(e);"& (kt) tiz dish°usslabor rel3C tions,Treal priipety `taiiat.os~s, otiirient aad~g~mgonsues: . ~ / ~ r. ~ ~'ii~.~ ~C,s't(~r~t's •vt.. 4 : ~ ' r rf~~~r ~ ; ~ ~ `iT71~13, ~Pub~Ilslt,D~cCiil'$f1~9> k , r ` aYx xr7 t ~ j ~ ~r. ~y ri Subscribed and swo fore me this 5th day of December, 1991. Notary Public for Oregon '00" My Commission Expires: 4/,-- AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal P.O. 6~ 1791E C5 PHONE (603) 684-0360 Notice TT 7085 ig g BEAVERTON, OREGON 97075 ` gWhotice Advertising • City of Tigard 17 Tearsheet Nott ; 3` • PO Box 23397 o 13 Duplicate Affil` s' Tigard, Or 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) s f COUNTY OF WASHINGTON, )ss' rR , : . 6 !.q im I, Judith Koehleri being first duly sworn, depose ands that I aMmethesAdvertising Director, or his principal clerk, of the-AI&A a newspaper of general circ4~tion is defined in ORS 193.010 f c and 193.020; published at gar in the ( foresaid,gu,? ands eGtartd the Park Pl µ btreet ada ion k , a printed copy of which is hereto annexed, was published in the € `r . entire issue of said newspaper for Five successive and ff, . A =m consecutive in the following issues: t a ; November 7 14, 21 & 28, 1991 s f }f1 v.,, ti~a q 7 December '5 1991 k~ 3 Subscribed and sworn o before me this 5th day of December 1991 Notary Public for Oregon My Commiss xpires: AFFIDAVIT r - C t COMMUNITY NEWSPAPERS, INC. Legal 7107 P.O. BOX 370 PHONE (503) 684-0360 NotlceTT BEAVERTON, OREGON 97075 Legal Notice Advertising 11te`fo w ill be cd-ns • R E C E I V E D 13 • ~f Ija1 en Court 'Rt58 Tearsheet Notu Cit of Ti and 13125 S:W Hall=b>vd Y g igard, egba.'Fuither_informationimaybe ob- PO Box 23397 OEG ©2 199 • 13 Duplicate Affide caned from the Community Deve]op int Director or Ctty Recorder at the Tigard, Or 97223 same location br by cabingg 639.4171 ou are invited tp sgbmtt written CITY OF TIGARQ • testimony in advance of:.the.yblic hearing, wntten and ogat testimony. will be considered at the tieanng:;The public.heanng.wili becondncted in accordance with the $pplicable Chapter l8 32 of the TigatdrA+tunicipal Code and: any roles of prdcedbue~adopted by the+~oitnctl Anil available at. . the City Hall ~:V s. , i . M b d '4 AFFIDAVIT OF PUBLICATION SITE DHVBT ^nlVlgt~rrRRVTfiW tnRioi -a L" FdaD DEVELOPIVIEWT PII 1 ' STATE OF OREGON, ) _TRIAD DEVELOPMENT, r COUNTY OF WASHINGTON, )ss' Ar► tirpp~ of the.Prannvag~C0MMnsion's decIddapprovttt"g t roquest fbr; . Judith Koehler Site Development RevtewttdEdetailed ~'18nned Development oval of being first duly sworn, depose and sax that I amToe Advertising 8.348 unit apartmPnt complex on a X7.2; rreP Y} y 1 _(PA) : Director, or his principal clerk, of the igard imes (Residential, 12 tintts/ttcre Planned06,1oamtnt~a 0)) (Residential, 25 units/acre;Planned Deve l opm n gt~`I;iCO,l•5,3 a newspaper of general circyJ~tion as defined in ORS 193.010 r r x l Ct Naeve Street between SS F'acyfie HrghsyaY and?S I ~YQ a iy itu and 193.020; published at agar in the (WCTM2S110.D taxlot:9300 2S1tf 10ACStaxloiS600~"70tj~" of paid ounty an~SR tit th i the and 2S 1' IODB = I~earing ~1-013 . ta;iots~ fQO, 200:YCz300) APPLICLBrAP~Itb,YAL CRITERIe~i. Comniuraty DevelopmGat Code secttonsI$32,$.SY, 38'6; a printed copy of which is hereto annexed, was published in the 18.$0,1889,18 92;18 100,18102,18106, 18!108 .18'I'14;i1$120`1' ` entire issue of said newspaper for One successive and 18.150,18 I64, Comgreheas1v6'P10ft Ncies 21 1;,3x ; 3x4 ;Z F 6. 1, 6 61, 71.2.7:21, 7 4.4, F73,U.7" ,8 i l aud81~~~ consecutive in the following issues: Y1 r>A i ~x + R~h ?~i)NE ORDIC~7ANCg A11REtvDN1EETrr 7 p g F y November 26, 1991 '4f A.proposal to cdnseder amendmgTthe Comintuuty Dtieel* Chapter 18 100 090 SetbacksorPeatces or Wa11s to feet m height f bt,AMS ad ~rtenal `ror ezctadtng clear vision areas; and k~ amend votlariitH Capte*'18A02101 (Ctoaddress is po raghy rad ay 'f a sztua= Subscribed and swo to before me this 26th day of November 1991 107=PubhshNovembe 26,1991 i Notary Public for Oregon ~ My ,-nmiss o xpires. ~r y 2 AFFIDAV11 ' / - 4 i ! CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING ~s IT1 the Matter of the Proposed ~rl/ta~'tCe A/o cl/-35 STATE OF OREGON ) County of Washington ) ss City of Tigard ) J\k k 7A&UA I~ ap begin first duly sworn, on oath, epose and say: That I posted in the followin public and. conspicuous places, a copy of ordinance Number(s) which were adopted at the Council Meeting dated copy(s) of said ordinance(s).be ng hereto a ached and reference made a part hereof, on the, date of P te c 1991. i 1. Tigard Civic Center, 13125 SW Hall Blvd:, Tigard, Oregon 2. Washington Federal Saving Bank, 12260 SW Main St., Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this 41( date of 19 39.-- OFFICIAL SEAL Notary ublic for Oregon M.JOANN HAYES I ~F NOTARYPUBLIC•OREGON .a5 199,- COMMISSION NO. 5 My Commission Expires- nngk4 MY GCMMISSION EXPIRES S MAY AY 5, ,1 1995 h:\1ogin\jo\cwpost ti L- 't CITY OF TIGARD, OREGON ORDINANCE NO. 91- AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A PORTION OF SW GARDEN PARK PLACE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 28, 1991; and WHEREAS, This portion of S.W. Garden Park Place is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose for this vacation is to vacate an unimproved portion of SW Garden Park Place that is no longer needed because access is available to all abutting properties; and WHEREAS, the vestee of this property, Mr. Dean Schumacher, supports this vacation; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department; and WHEREAS, Northwest Natural Gas Company has reviewed the vacation proposal and has requested a utility easement for the maintenance v of a natural gas line which crosses the area to be vacated; and WHEREAS, all other affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, the Council having considered the request on December 10, 1991, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of-way for SW Garden Park Place because the public interest will not be prejudiced. ORDINANCE NO. 91- 6!' Page 1 NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right-of- way, as described on the attached Exhibit "A" and Exhibit "B" (map), and by this reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following eondition: 1. The City shall retain a Public Utility easement as requested by Northwest Natural Gas for the access, repair and/or placement of the existing utility. This easement shall be a distance of 10 feet from both sides of the centerline of said facility. SECTION 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. PASSED: By UnC1 n i rn JLt,`-, vote of the Council members present after being read by number and title only, this ) 011 day of ~i r ec n rc~.~ , 1991. • -2t-•v ~ y _ +L _ Cather3. Wheatly, City Reco d r day ✓ , 1991. APPROVED: This G6fald'-A-. Edwards, Mayor A ~)nqved s 100 J9 C f14 torn I De l I ti(I Da schu-cc2.ord G ORDINANCE NO. 91- C Page 2 Exhibit A A tract of land being that portion of S.W. Garden'Park Place south of a line 25 feet south and parallel to the centerline of said road and 25 feet. east and parallel to the centerline of S.W. 110th Avenue as depicted on KAREN PARK, a subdivision recorded in Book 62, Page 3, located in the Southeast quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, Oregon, and being more particularly described as follows: Beginning at the Northwest corner of Lot 5, KAREN PARK thence by the westerly line of said lot South 00023138" West, 7.5 feet to the southeast corner of that tract dedicated to the City of Tigard in document 79044168; thence West by the southerly line as described in said document, 175 feet more or less to a point 25 feet east when measured at right angles to the center line of S.W. 110th Avenue; thence North by a line 25 feet east and parallel to said center line 10.6 feet more or less to a point 25 feet south when measured at right angles to the center line of S.W. Garden Park Place; thence South 89042100" East by a line 25 feet south and parallel to the center line of S.W. Garden Park Place, 152 feet more or less to a point of curvature; thence continuing 25 feet south and parallel to said center line by way of an arc 23.23 feet with radius of 125 feet through an included angle of 1003815811, (chord bearing and distance being South 84022131" East, 23.20 feet) to the point of beginning. Said above described area being 1740 square feet more or less. RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSES, a 20 foot wide strip being 10 feet from centerline of the existing Northwest Natural Gas line. k grdn-prk.vac FXH SIT A o'~ = 5d NEW 3.07- 1..tNE AREA 7-0 VA GATED O1~"IA/ ti S ' 4 srA#C AROpOSAL h . AGENDA, ITEM: NO: VTSITOR',S AGENDA DATE :2/gy~x (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED l a C_ 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. 4 DATE : ;12;!10/91; . APPEAL _ PUBLIC HEARING SITE- DEVELOPMENT,-REVIEW.'-- SDR 91--0013 PLANNED' DEV-iE1hO t14T PDR 91-0006, TRIAD y. _DEVELOPMENT., PLEASE PRINT NAME & ADDRESS NAME & ADDRESS Appellants & Those Favoring the Opponents to the Appeal Appeal rvi Q (2-0 dacD s ►hf6- & ~Vi 6 7 - LY 0 Q 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. W. Please sign in to testify on the following: AGENDA ITEM NO. 5 DATE: "12/10/91' ` PUBLIC HEARING - STREET VACATION FOR A PORTION. 'OF SW GARDEN PARK PLACE (SCHUMACHER), PLEASE PRINT NAME & ADDRESS NAME & ADDRESS k:. COUNCIL AGENDA ITEM ~.a MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: November 20, 1991 SUBJECT: COUNCIL CALENDAR, November 191 - January 192 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. November '91 *19 Tue Council Business Meeting (6:30) *26 Tue Council Business Agenda (5:30(B&C Interviews; 6:30/7:30) 28,29 Thurs/ Thanksgiving Holidays (City Hall Offices Closed) Fri December '91 *10 Tue Council Business Meeting (6:30/7:30) 12-15 Thurs- National League of Cities Conference Sun *17 Tue Council Business Meeting (6:30/7:30) 25 Wed Christmas Holiday (City Hall Offices Closed) January '92 1 Wed New Years' Day - Holiday (City Hall Offices Closed) *14 Tue Council Meeting (6:30/7:30) ' State of the City - Mayor Edwards Executive Summary - City Administrator Reilly Employee Reception - Service Awards 20 Mon Martin Luther King Day - Holiday (City Hall Offices Closed) *21 Tue Study Meeting (6:30) 23 Thurs Special Meeting with Tigard-Tualatin School District at the School District Office (13137 S.W. Pacific Highway) - (6:30) *28 Tue Council Business Meeting (6:30/7:30) h:\login\cathy\cccal Council Calendar - Page 1 i 121 ICO 1 Ae-n(la Nib. n. R~Po~N~ME~~ ~o ~I PCB ~ 5 ~~,Ilecl ~~I 112-I~-~ I COUNCIL AGENDA ITEM 39 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 12110/91 DATE SUBMITTED: 11,/26/91 ISSUE/AGENDA TITLE: PREVIOUS ACTION: POLICE VEHICLES PURCHASE PREPARED BY : Ron Good aster DEPT HEAD OK CITY ADMIN OK ie REQUESTED BY: Ron Gooduaster ,I- I THE COUNCIL ISSUE BEFO The purchase of three police vehicles to replace three existing police patrol vehicles. STAFF RECOMMENDATION Staff recommends approval of purchase request. - - - - - - - - - - - - - - N INFORMATION SUMMARY During the budget meetings, replacing three patrol vehicles was discussed and approved. The monies were made available and are in the 1991-92 Police Department Budget. This vehicle replacement continues practice of replacing three patrol vehicles per year. PROPOSED ALTERNATIVES To not replace vehicles would result in excessive down time and extensive/costly repairs and the need to replace more vehicles in next year's budget than anticipated. FISCAL NOTES Cost of the three vehicles is $42,631.00 which is available in existing budget. h GIP' CGUrIcIL WILD c T p~N wR I'f(c~ Te~5'~I Mo D U, T~ ~~mor~y w~u_ q~ H"15 P4L 19 9? VV I L/L c bN Tl p r6t) a nN'a ter,, Al u. q ~uv1 Ci t t-211 vl~ ~ ROAD IMPROVEMENT AGREEMENT This Agreement is made this day of , 19`, by and between TRIAD TIGARD LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "Triad" and the CITY OF TIGARD, hereinafter referred to as the "City. " WHEREAS ordinance No. 91-22 of the Tigard City Council approved an amendment to the Tigard Comprehensive Plan Transportation Map providing for the realignment and extension of SW 109th Avenue to intersect Pacific Highway opposite the existing intersection of Royalty Parkway and designating SW 109th Avenue as a minor collector street. WHEREAS Ordinance No. 91-22 has been appealed to the Oregon Land Use Board of Appeals. WHEREAS Resolution No. 91-68 of the Tigard City Council found that the purpose of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway is to mitigate traffic impacts of future development on the surrounding street system, including Pacific Highway and that the portion of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway should be designated as an eligible facility and an eligible project under the Washington County Traffic Impact Fee Ordinance and requested that Appendix "D" (Base Report) of the Washington County Traffic Impact Fee Ordinance No. 379 be amended to include the portion of SW 109th Avenue extension between Naeve Street and Pacific Highway as an eligible facility in Table 2 of the Base Report and as an eligible project in Table 4 of the Base Report. WHEREAS the City of Tigard desires to commence construction of the extension of the SW 109th Avenue between Naeve Street and Pacific Highway during the spring of 1992. WHEREAS the City Engineer for the City of Tigard estimates the cost of construction of the portion of the SW 109th Avenue extension between Naeve Street and Pacific Highway to be approximately $900,000. WHEREAS the Tigard City Council, on October 28, 1991, approved a budget authorizing the expenditure of $300,000 in fiscal year 1991-92 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS it is anticipated that the City of Tigard Transportation Advisory Committee will recommend a budget r authorizing the expenditure of an additional $300,000 in fiscal T-PP1340 r } E year 1992-93 for the improvement of the extension of SW 109th ` Avenue between Naeve Street and Pacific Highway. WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning Commission approved, subject to conditions, an application for Planned Development Review Detailed Development Plan Approval, Site Development Review Approval, and Access Variance Approval requested by Triad for the development of a 348-unit, 17 building multi-family residential complex on 26.2 acres of property located at 11165-11185 SW Naeve Street. WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning Commission has been appealed to the Tigard City Council and the Tigard City Council has affirmed Final Order No. 91-11 PC and eliminated the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on-Naeve Street from the realignment of Naeve Street west to the Pacific Highway. WHEREAS the Washington County Traffic Impact fee ordinance (TIF) imposes a tax of approximately $292,960 on Triad's development. WHEREAS the Washington County Traffic Impact Fee Ordinance (TIF) entitles a developer to a credit against the tax for constructing eligible capital improvement. WHEREAS the City Engineer of the City of Tigard has determined that the extension of SW 109th Avenue between Naeve Street and Pacific Highway is within the impact area of Triad's development. WHEREAS the City Engineer of the City of Tigard has determined that the timing, location, design and scope of the extension of SW 109th Avenue between Naeve Street and Pacific Highway is consistent with and furthers the objectives of the capital improvements program of the City of Tigard. WHEREAS Triad desires to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to receive a credit against the TIF tax for such construction. WHEREAS City desires for Triad to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS the parties desire to resolve the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to otherwise set forth their respective requirements and obligations thereto. 9 T-PP1340 2 di F i LIM NOW, THEREFORE, in consideration of the mutual promises and stipulations set forth herein, it is agreed between the parties as follows: 1. Construction of Road Improvements. Triad agrees to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway on the terms and conditions set forth in this Agreement. 2. Participation. Triad agrees to pay $300,000 of the cost of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. - - - 3. Preconditions to Participation. Triad's obligation to participate is conditioned upon (i) the expiration of all periods for further'appeal of the affirmance of Final Order No. 91-11 PC by the Tigard City Council; (ii) the expiration of all periods for appeal of the elimination by the Tigard City Council of the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway; and (iii) the ultimate affirmance of ordinance No. 91-22 and the expiration of all periods for further appeal of such affirmance. If the foregoing conditions are not satisfied, this Agreement shall terminate and all obligations of the parties under this Agreement will thereafter cease. 4. Deposit in Escrow. Triad shall deposit a pro rata portion of the $300,000 in escrow upon receipt of all required permits for each building in Triad's development to be held in accordance with the terms of this Agreement. The pro rata portion shall be based on the ratio that the value of such building (as set forth in the permit application) bears to the value of all buildings constructed and to be constructed in the development. Notwithstanding the foregoing, Triad shall deposit the entire $300,000 in escrow prior to the issuance of a certificate of ' occupancy for any building in Triad's development. 5. Escrow. Triad shall deposit the $300,000 in escrow with Title Insurance Company (the "Escrow") at its offices in Oregon or at such other place as the parties may T-PP1340 3 i! 1 mutually select. Escrow shall deposit the $300,000 in an interest-bearing account with interest accruing to Triad. The parties shall execute joint instructions to escrow directing it to disburse the funds in accordance with the provisions of this Agreement. Triad shall pay the escrow fee. 6. Participation. The City of Tigard shall use the $300,000 solely for the purpose of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The City shall spend such funds only on improvements which are eligible for credit under the Washington County Traffic Impact Fee Ordinance (TIF). Escrow shall disburse the $300,000 to City upon presentation of invoices by the City, certified by the City Engineer as accurate, for the cost of constructing credit-eligible improvements to the extension of SW 109th Avenue between Naeve Street and Pacific Highway. Credit-eligible improvements may include right of way acquisition costs and survey, engineering and inspection costs as provided in the Washington County Traffic Impact Fee Ordinance (TIF). 7. Credit. The City shall grant Triad a credit against the tax due on Triad's development under the Washington County Traffic Impact Fee Ordinance in the amount of $300,000 for Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway pursuant to this Agreement. The city shall direct the City Engineer to grant Triad such credit in accordance with the terms of this Agreement. 8. Default. If either party defaults under this agreement the other party shall be entitled to such remedies for breach of contract that may be available under applicable law including without limitation the remedy of specific performance. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce this Agreement, the prevailing party shall be entitled to recover from the other t party such sums as the court may adjudge reasonable as attorneys' fees at trial or on any appeal, and on any petition for review, in addition to all other sums provided by law. 9.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. r. 4 T-PP1340 t 5 9.3 Notices. Notices under this Agreement shall be in writing and shall be effective when personally delivered, or if mailed, upon deposit as certified mail, postage prepaid, directed to the other party at the address shown below. Either party may change its address for notices by written notice to the other. Triad: Triad Tigard Limited Partnership City: City of Tigard 9.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9.5 Changes in Writing. This Agreement and any of its terms may only be changed, waived, discharged or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 9.6 Authority. The persons who have executed this Agreement have been duly authorized to do so by the party. The party has a good and legal right to enter into this Agreement and to perform all covenants of the party contained in this Agreement in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the day and year first above written. Triad: Triad Tigard Limited Partnership a Washington limited partnership By Title: General Partner City: City of Tigard By Title 3 T-PP1340 5 u S i 'J WRITTEN TESTIMONY AGENDA ITEM NO. 4 ~iG K COUNCIL MEETING OF 12/10/91 E PETITION FOR REVIEW City Planning approval of Triad Development proposal i Petitioner seeks order reviewing and reversing Planning Commission decision of proposed Triad development on basis that decision to approve violates applicable provisions of Tigard Development Code, i Comprehensive Plan and Statewide Planning goals. These are cited in the following pages. L t i There is failure to consider the specific approval standards in Comp- rehensive Plan Polic 3,1.1 regarding development hazards, in the face of clear evidence in its own Plan that this development is within hazard areas==buildings, streets(including realignment of 109th)(Plan at 1-19 to 1-34~ Failure to develop any record regarding these criteria and failure to adopt any findings regarding development hazards requires that the Council remand the planning decision. (See detailed code findings attached.) No independent studies made on which to base decision. Therefor, Planning decision should be reversed. 2. Failure to address Statewide Planning Goal 5 with respect to impact on Goal 5 resources including the Little Bull Mountain Special Area.The City's Comprehensive Plan recognizes the city's Statewide Planning Goal 5 obligations to conserve open space and protect natural and scenic re- sources. An inventoried Goal 5 resource site--the Little Bull Mountain Natural Forest (Plan at 1-96, 1-97). The summit of the Little Bull Mountain area (part of Triad development) is also designated as a Special Area (Plan at 1-42.)This Special Area, identified as one of six such areas by the City's Comprehensive Plan, contain three separate Goal 5 resources considered to be of significance to city residents-- wildlife habitat, natural forest cover, and outstanding scenic presence and visual impact The plan further states that conficting uses to the natural state of Little Bull Mountain be limited, requiring special attention to development activities impacting this locale. If goal 5 is ignored, the city will fail to follow the requirements of CDC 18.30.130. The planning council decision for approval failed to adequately address r Goal 5 priorities, therefore, the decision should be reversed. l i 3. Failure to address Comprehensive Plan Policy 3.4 (c) and Implemen- tation Strategy 3 requiring minimization of development impacts to areas of significant environmental concern--those areas valued for specific natural features or as habitats for plant or animal life. Policy 3.4.1 (c) states the city shall designate the following as areas of significant environmental concern: "Areas valued for fragile character as habitats for plants, animal..life,...or specific natural features, valued for the need to protect natural areas." Implementation Strategy 3 under 3.4 (Natural Areas), Comprehensive Plan states "The city shall review all development proposals adjacent to wildlife habitat areas to insure that adverse impacts on any wildlife habitat areas are minimized, and if need be, request that other federal, state and local agencies review development proposals." No effort has aken to review the development against these standards from the city's Comprehensive Plan Policies and Strategies. In the staff repor~it is stated that no environmental impact study is required. It goes on to explain that impacts are assessed through site development review processes, but none of the findings set forth in the Plan are specifically addressed , no consultations were carried out with other federal, local or state agenies to review developmental proposals. No inventories of wildlife, animals or plants has been nade. No reference is made to impact of adjacent natural and forested areas. { In ignoring the policy requirment that this is a.designated area of significant environmental concern, and treating it as such, the planning commission and the staff has failed to meet the requirements of i S Comprehensive Plan Policy 3.4 (c) and Implementation Strategy 3, therefor, the development should be denied until this is done. 4. Failure to make any finding or address any matters relating to Comp- rehensive Plan Policy 8.1.2, which requires management of transportat= i a 101 ation planning process (of additional trips per day from Triad development through cooperation with affected jurisdictions. (oT J Policy 8.1.2. The city shall provide for efficient manage- ment of the transportation planning process within the city and the Metropolitan area through cooperation with other federal, state, regional and local jurisdictions." There is not factual basis in the record to establish that Policy 8/l/2 has been met. It is relevent because roadway receiving traffic from Little Bull Mountain area is state Highway 99W. Coordination requirements with the Metropolitan Service District due to the importance of Highway 99W ; with Washington County, or to detailed planning with ODOT was not done, according to the record.(no evidence of communication). This lack of evidence in the record of any communications or attempts at coordination with these agenci~6, along with total lack of findings or conclusions about Policy 8.1.2 clearly violates CDC 18.30.120 dealing with approval standards. Therefor, development should be denied. ! Detailed Policy citations follow for each of the above. 3 MEN There is failure to consider the specific approval standards in Comprehensive Plan Policy 3.1.1 regarding development hazards, in the face of clear evidence in Tigards own Plan that the Triad development and proposed street alignments are within hazard areas. 3.1.1. states that: "The city shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development:" b. Areas having a severe soil erosion potential c. areas subject so slumping, earth slides or movement. d. areas having slopes in excess of 25 percent e. areas having severe weak foundation soils." Helvetia Formation 'This formation, of about the same age as the Troutdale Formation, consists of unconsolidated reddish-brown and light-brown clayey silt and sandy silt deposited on the surface of Columbia River Basalt to a depth of 15-145 feet. It occurs along the mid slopes of Bull Mountain-- Little Bull Mountain where heavily weathered it is converted into a n lateritic soil. The origin of Upland Silt is in dispute, but its basic characteristics are not. It is a massive, structureless sandy silt and clayey silt. and occupies much of Little Bull Mountain. Although stable when dry, Upland Silt is unconsolidated and is unstable when moist. It also has low permeability. Some settling is to be expec- { ted ev for light loads supported by spread footings, and heavy loadings cannot be supported. A high moisture content seriously weakens earth slopes and heavily stressed foundations. Mud flows and slumps.... Instabi- 7 S ti lity is also to be expected where the Upland Silt rests on basalt which slopes with the surface countour." (Plan at 1-19 to 1-34) There is nothing to indicate that consideration has been given to Comprehensive Plan Policy 3.1.1. Local knowlege of the Triad site states that there are a number of springs which have developed into what locals call "quicksand', although they are obviously the wet Upland Silt areas mentioned in the Plan. No independent evaluation of the site has been made or geologist consulted , therefore approval would be in violation of 3.1.1. Furthermore, Oregon is located within one of the most tectonically unstable regions of the earth, where volcanic activity and earthquakes are manifestations of geophysical processes occuring many miles below the surface over areas the size of subcontinents. Tigard was the epicenter of a 1941 earthquake and the area has a continuing history of major seismic events. Recent findings have predicted a IX intensity quake possible. In view of these facts, It is additionally important that the steep, unstable silt soils of Little Bull Mountain be'appropriately evaluated as called for in the Comprehensive Plan before a large development is approved. This has not yet been done. r ! Tigards Comprehensive Plan recognizes the city's Statewide Plan- ning Goal 5 obligation to conserve open space and protect natural and scenic resources. The Triad site involves the Little Bull Mountain Natural Forest (Plan at 1-96, 1-97) and it also indirectly affects the Kallstrom Fir Grove (Plan at 1-106, 1-107). The summit of the Little Bull Mountain area is also designated as a Special Area (Plan at 1-42) meriting priority attention as a Goal 5 resource. This area, identified a5~dne of six such areas by the City's Comprehensive Plan, contains three separate Goal 5 resources considered to be of significance to the City's residents (wildlife habitat--Plan at 1-40, natural forest cover--Plan at 1-96, and outstanding scenic presence and visual impact--ID). The Plan further states that conflicting uses to the natural state of Little Bull Mountain be limited, requiring special attention to development activities impacting this locale. Ignoring Goal 5, indicates failure to follow requirements of CDC 18.30.130. Furthermore, failure to address Comprehensive Plan Policy 3.4.1 (c) and Implementation Strategy 3 requiring minimization of development impacts to areas of significant environmental concern of those areas valued for specific natural features or as habitats for plant or animal life. 3.4.1 (c) states the city shall designate the following as areas of significant environmental concern: "Areas valued for their fragile character as habitats for plants, t ...or specific natural features, valued for the need to protect natural areas." Implementation Strategy 3 under 3.4 (Natural Areas), Comprehensive Plan states; "3. The city shall review all development proposals adjac- ent to wildlife habitat areas to insure that adverse impacts on any wildlife habitat areas are minimized, and if need be, request that other federal, state and local agencies review development proposals." The findings which precede the above-cited Policy and Implemen- tation Strategy indicate that significant plant communities and animal habitat areas are found in the stands of timber and brush, and that development in and adjacent to existing wildlife areas can adversely effect those areas and eliminate their value as wildlife habitat. Furthermore, the findings state that vegetation cont*butes to the aesthetic quality of the community, performs certain environmental functions and softens the impact of urban environment Plan at II-16 Identified Resources (I-96 (a) Little Bull Mountain Natural Forest '......DETERMINED TO BE A SIGNIFICANT GOAL 5 resource as an out- standing scenic site. This area is the largest stand of natural coniferous trees within the Tigard active urban planning area, and there- fore, serves as a City visual landmark. ....Staff recommendation for this site is to limit conflicting uses. The limited conflicting uses allowed will be single family detached residential units, reviewed through the Planned Development process'..I796 SPECIAL AREAS "In addition to the general policies to help protect natural vegetation and wildlife, specific areas have been suggested by specialists C for preservation, through fee purchase if necessary. These areas were singled out for priority attention because of: their particular vege- tation and wilflife values, ? elative uniqueness. Areas identified E include: 3. 11 Summit of Little Bull Mountain. This area has a heavily-wooded with undergrowth providing cover for a variety of animals including deer, raccoon and pheasant." I-42 Scenery 1. "Summit of Little Bull Mountain;' An inventory gonducted by the City of Tigard revealed that there arF various scenic views and sites, as defined in Goal S that exist i„ the Tigard Planning Area" including above<I-43 The natural areas present and identified cannot be ignored, or dismissed without detailed inventory and compliance with goals set t forth in Comprehensive Plan, It would be erroneous for the city to do so. This obviously has not been done and there is no reference made by staff, othep than vague reference to preserving trees, which a look at the proposed development makes it obvious that none of the required criteria are met, Comprehensive Plan Policy 3.4.1 and Imple- mentation Strategy 3 have not been met. f f Y City has failed to make any finding or address any matters relating to Comprehensive Plan Policy 8. 1. 1. which requires management of the transportation planning process through cooperation with affected juri- dictions. "Policy 8.1.1. The city shall provide for efficient management of the transportation planning process within the city and the metropoli- tan area through cooperation with other federal, state, regional and local jurisdictions." There is no evidence in the record that Policy 8.1.2 has been met. Although ODOT figures indicate that 2,088 trips per day are gen- erated by a 348 unit development, and the only traffic analysis in the record shows that 250 peak hour trips will be put onto Highway 99W from i the Triad development alone (R115) The coordination requirement prescribed by Policy 8.1.2 requires the city to address the impacts on Highway 99W with findings indicating how coordination has been achieved with the objectives of the Access Oregon program, as well as the functioning of the highway as a major regional transportation facility. This later function, is also within the purview of the Metro Service District (Metro) due to the importance of Highway 99W to moving vehicular traffic to and from the southwest portion of the Portland metropolitan area into regional freeway systems. The record does not disclose any type of coordination in the trnas- portation planning process with ODOT, (other than a vague h@arsay) Metro or Washington County. Lack of compliance on these issues violates CDC 18.30.120 dealing with approval standards. (even though these things were brought to the staff's attention by Council at a prior hearint t In addition to compliance with code re~gpii;ementthere is another important consideratior~ot addressed by the code, but one that must be addressed by the city. The city code has identified the soil on Little Bull Mountain as unconsolidated silt, which when wt becomes very gooey, runny and prone to wash downhill. Digging up the whole south side of Little Bull Mountain is going to create tons of brown, muddy clay-like runoff everytime it rains.....this will drain directly to the Tualatin River a short distance away. The state, the Departmnt of Environmental Quality and county and city agencies have launched an all-out plan to clean up the Tualitan River, and prevent just such things from happening. The only solution would be large settling tanks to hold the run-off, There is no indication that the staff has taken this into consideration, made any such requirement, or considred the consequences. f I'I t ~ a Sri 4eN 1res7%n1vm LINDSAY, HART, NEIL & WEIGLER LAWYERS I ~M SUITE 1600 222 S.W. COLUMBIA PORTLAND. OREGON 97201-6616 TELEPHONE(503)226-7677 FAX (503) 226-7697 TELEx 494-7032 FEDERAL ID 93-1034742. December 9, 1991 City of Tigard. 13125 SW Hall Blvd P.O. Box 23397 Tigard, OR 97223 Re: File No. SDR 91-0013IPDR 91-0006 File Title: Triad Development NPO NO: 6 TO THE CITY COUNCIL Dear Council Members: We represent Mr. Robert Luton. Our client owns property that will be adversely impacted if the above-referenced development is approved. We understand a redesignation of Sattler Avenue on 109th Avenue and minor collections and down grading Naeve are contemplated in connection with this proposed development in violation of the City's Comprehensive Plan. As Mr. Luton has previously advised the City Council, this proposed "residential" development and the concurrent and related street changes will have a significant adverse impact on the commercial property located on Naeve Street. We are concerned at the lack of appreciation or consideration of the economic impacts the proposed development will have and upon the failure to consider the implications of the proposed development on statewide goals #1, 5, and 9. Mr. Luton does not expect to be able to be present at the.hearing on December 10, 1991. We request you accept this written communication as an expression of his opposition to the development as proposed. We further request the record remain open for at least 7 days after the hearing to allow us to supplement the record with further explanation of Mr. Luton's opposition. R pectfull James H. Bean f Of Attorneys for Robert Luton cc: Robert Luton 7900 East Princess Dr. #2215 Scotsdale, Az 85255 111101C G.~ JIB\lrc354. ltr r t DEC- S-S t mom 1 6: 1 7 PAC I F 1 C TAX SVC - P.01 12 f lo~~Cl TIGARD CITY COUNCIL MEETING December 10, 1991 AGENDA ITEM 4 - TRIAD DEVELOPMENT APPEAL DATE: December 10, 1991 To: Mayor Edwards & Tigard City Council FROM: Gerry McReynolds, King City Councilor SUBJECT: Triad Development King city Council met December 4, 1991 and discussed the "Triad Development„ appeal before you tonight. King City representatives have appeared before you and your Planning Commission expressing our views on the proposed "Triad Development". The Kind city council has designated the writer as their spokesman for tonights meeting. King city's concern is the traffic impact of this development. The 348 apartments proposed will generate 600 to 2,000 entry/exits to/from Pacific Highway each day. The development document allows the use of Naeve Road for this traffic. The plan implies, but does not say, that 109th will be extended to Royalty parkway where there is a light to handle the increased traffic. The plan implies that Naeve Road access will be limited or closed off to development traffic. Pacific Highway is currently over capacity. The present intersection with Naeve Road is already extremely dangerous. The ingress/egress at Pacific Highway and Naeve Road of the additional traffic from the "Triad Development" apartments will cause a major traffic hazard for our citizens and for others traveling Pacific Highway. King City requests that the, plan have a condition on occupancy that the 109th extension to Royalty Parkway and the closing off of Naeve Road access from the apartment complex be completed before = occupancy be allowed. 't'hank You for your consideration. Post-It'u brand tax transmittal memo 7671 0ofPagn Tb coyj. GVILL~LT Dept. Ptoneit Fox M x ZDO N Sam, Triad Development Appeal December 10, 1991 12.1 q 141 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 10, 1991 DATE SUBMITTED: 11/27191 ISSUE/AGENDA TITLE: Vacation of a or ion PREVIOUS ACTION: None of SW Garden Park Place ri ht-of-wa PREPARED BY: Planning Staff DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Applicant ISSUE BEFOR THE COUNCIL Should the City Council vacate a portion f SW Garden Park Place located east of the intersection of SW Garden Park Place and SW 110th Avenue? STAFF RECOMMENDATION It is recommended that Council approve the vacation with conditions by adopting the attached ordinance. - INFORMATION SUMMARY Council initiated this vacation at a meeting held on October 28, 1991. The Planning Commission recommended approval of this vacation at a meeting held on November 18, 1991. Dean Schumacher, petitioner, requests City Council approval to vacate a portion of the SW Garden Park Place right-of-way adjacent to property to which he is the vestee at the southeast corner of SW 110th Avenue and SW 3arden Park Place. The applicant initially requested the vacation of an area of approximately 685 square feet in size (see Exhibit C). Upon initial staff review of this request, it was determined that the applicant's request did not accurately reflect that portion of the right-of-way which the City could vacate. Therefore, the City staff suggests vacating an altered and larger portion of the public right-of-way (approximately 1,878.92 square feet, (see Exhibit B). The applicant agrees with the altered vacation description. Northwest Natural Gas Company has requested that an easement be provided for the existing utility line which crosses the area to be vacated. Staff therefore recommends the retention of a 20 foot wide utility easement. All other appropriate agencies have been contacted for review of this vacation request and have offered no objections. - PROPOSED ALTERNATIVES 1. Adopt the attached ordinance approving the vacation proposal. 2. Amend and approve the attached ordinance approving the vacation proposal. 3. Deny the attached ordinance and vacation proposal. 4. Take no action at this time. - FISCAL NOTES All fees and costs have been or will be paid by the applicant. schu-cc.sum C. F F F ARO -A VACA "V, 00 ~j s- Z C5' Dip t ~ ~ d .Sv./ 11 O 'r t'p p.V E ' _ Off C AFB EGA r~-~' La-7- ~o r~F t'C~u ® { AS PROPOSE ti t n ~ Q r 5'