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City Council Packet - 01/28/1992 CITY OF TIGARD . OREGON nt / h ,y Y+'FV~' ,~'r F1/• sue: v$wR `.s s; AGENDA Anyone wishing to speak on an PUBLIC NOTICE. b ~ lfs~ ~ agenda item should sign on the appropriate sign-up Art, 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 PM) i. BUSINESS MEETING (7:30 PM)) 1.1 Cali 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. VJSIYORIS 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: January 14, 1992 3.2 Local Contract Review Board: a. Appoint Insurance Agent of Record b. Award Bid for Construction of the Gaarde Street Realignment Project j 3.3 Authorize Issuance of Limited Tax General Obligation Anticipation Notes to Fund Construction of Dartmouth Local Improvement - Resolution No. 92-- 3.4 Approve Western Foundry Oregon Business Development Fund Resolution - Resolution No. 92- 4. PUBLIC HEARING - COMPREHENSIVE PIT! AMENDMENT CPA 91-0001; ZONE CHANGE 91-0005 - GROSS (NPO #7) Applicant has withdrawn his request for consideration of the comprehensive plan amendment (letter dated December 12, 1992) COUNCIL AGENDA - JANUARY 28, 1992 - PAGE 1 Salim 111111111 gm • I JE38 10% a : ;:;::C - Z01M %'nAin U ANNEXATION ZCA 91-®017 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 i 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. • Public Hearing Continued from 11/19/91) • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: - NPO - 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. 92-_; Ordinance No. 92-- 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0018 EDWARDS A request _ to annex two parcels consisting of 0.87 and 0.28 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/acre). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, and 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, and 10.3.2. LOCATION: 11695 SW Beef Bend Road (WCTM 2S1 10613, tax lots 1800 & 2000) ZONE: Washington County R-6 (Residential, 6 units/acre). The City of Tigard R-4.5 zone allows single- family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and residential fu-11 tanks among other uses. • Public Hearing Opened • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: - NPO - 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. 92-_; Ordinance No. 92- COUNCIL AGENDA - JANUARY 28, 1992 - PAGE 2 7. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0019 WISE A request to annex one parcel consisting of 0.95 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/acre). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, and 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, and 10.3.2. LOCATION: 12287 SW Lansdowne Lane (WCTM 2S1 313C, tax lot 1200) ZONE: Washington County R-6 (Residential, 6 units/acre). The City of Tigard R-4.5 zoning allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. • NPO • Public Hearing Opened • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: NPO - 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. 92-Ordinance No. 92- 8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0003 A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. • Public Hearing Continued from December 10, 1991 • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: 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: Ordinance No. 92- 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE UPDATE/ISSUES • City Administrator COUNCIL AGENDA - JANUARY 28, 1992 - PAGE 3 C11. 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. 12. ADJOURNMENT VIM coa0128.92 COUNCIL AGENDA - JANUARY 28, 3.992 - PAGE 4 pi! 7N Council Agenda Item ~T I G A R D C I T Y C O U N C I L MEETING MINUTES - JANUARY 28, 1992 • Meeting was called to order at 6:32 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Councilors Valerie Johnson, Joe Kasten, Jack Schwab, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorrf, Senior Planner; Ken Elliott, Legal Counsel; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; and Catherine Wheatley, City Recorder. STUDY SESSION Underarounding of Utilities City Engineer Wooley reviewed a request for interpretation of the Community Development Code with regard to undergrounding of utilities for new development. In areas of infill, staff has been interpreting the Code to require that utilities be placed underground as part of half street improvements. Costs to install for short distances is of concern to developers. Three appeals for review of the requirement are expected. Brian Moore of Portland General Electric advised Council of PGE°s concern with undergrounding power lines for short distances and noted the reliability of power service is diminished because of the extra connections necessary. Overall, he advised that PGE supports underground utilities, but recommended it be done in sections of 1/4 of a mile or more. Mr. Wooley will prepare a report on the issue for Council review. Agenda Review Staff reviewed the following agenda items with City Council: Dartmouth Local Improvement Financing (Item 3.3) - Finance Director Lowry reviewed the materials submitted to the Council on the Limited Tax General Obligation Anticipation Notes to fund construction of the Dartmouth Local Improvement. If that Resolution is approved, the Finance Director will be authorized to sign the Notes. There was discussion on why this method cf financing was chosen. C CITY COUNCIL FETING MINUTES - JANUARY 28, 1992 - PAGE 1 11111111111 11 111, 11111 111 Inawl III IIIIIIIII v i Shrauger annexation - Community Development Director Murphy advised that adjacent property owners were contacted. The property to the east may want to annex; however, this property was just sold and the new property owners will have to be contacted once the sale has been finalized to determine whether or not they would like to become annexed to the City. Other adjacent property owners did not want to annex at this time. Wise annexation - Community Development Director advised that an annexation nonremonstrance agreement for properties along Tippett Place had been discovered. The agreement was signed by the developer. He recommended Council set over the public hearing to investigate the agreement further. Public hearing on setback changes to the provisions for fences and walls - This was discussed briefly with consensus of Council present to defer the hearing on this item until Mayor Edwards and Councilor Johnson can also participate. Franchise agreements - Finance Director Lowry reported the City's franchise agreements (i.e., with PGE, GTE) will soon be due for renewal. Finance Director noted the City has the ability to adjust rates as well as audit the records for these franchise agreements. C BUSINESS MEETING 2. VISITOR'S AGENDA: Mr. Ron Worley addressed Council on a problem concerning a wounded possum which was in his front yard earlier in the day. He advised of difficulties in determining what could be done for this situation or for animals in general. After discussion, Mr. Worley was advised by Council members that the City does not offer animal control services; the County is the agency to contact for the situation he described. 3. CONSENT AGENDA: Motion by Councilor Kasten, seconded by Councilor Johnson, to approve following Consent Agenda: 3.1 Approve Council Minutes: January 14, 1992 3.2 Local Contract Review Board: a. Appoint Insurance Agent of Record b. Award Bid for Construction of the Gaarde Street Realignment Project 3.3 Authorize Issuance of Limited Tax General Obligation Anticipation Notes to Fund Construction of Dartmouth Local Improvement - Resolution No. 92-05 3.4 Approve Western Foundry Oregon Business Development Fund Resolution - Resolution No. 92-06 The motion was approved by a unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - JANUARY 28, 1992 - PAGE 2 C 4. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0001• ZONE CHANGE 91-0005 - GROSS (NPO #7) Applicant withdrew his request for consideration of the Comprehensive Plan Amendment. See Mr. Gross' letter dated December 12, 1991. 5. PUBLIC HEARING - 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, temporary use, residential fuel tanks, and accessory structures. LOCATION: 13030 SW Walnut Street (WCTM 2S1 4AC, tax lot 1800) A. The Public Hearing was opened. B. There were no declarations or challenges. C. Community Development Director advised this public hearing had been set over from November 19, 1991. He reported that new owners adjacent to the property may be interested in annexing to the City. Community Development Director recommended no Council action at this time in order to allow time for the closure of the property sale transaction. The Schrauger's do not have any development plans presently; they have signed a non- remonstrance agreement saying that they would not oppose annexation in the future. Other adjacent property owners were contacted; however, they did not have an interest in developing or annexing their property now. D. After discussion there was a motion by Councilor Johnson, seconded by Councilor Schwab, to set this hearing item over to June 23, 1992. The motion was approved by unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - JANUARY 28, 1992 - PAGE 3 6 , PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 91-0018 EDWARDS A request to annex two parcels consisting of 0.87 and 0.28 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/acre). LOCATION: 11695 SW Beef Bend Road (WCTM 2S1 10BD, tax lots 1800 & 2000) ZONE: Washington County R-6 (Residential, 6 units/acre). The City of Tigard R-4.5 zone allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and residential fuel tanks among other uses. A. The Public Hearing was opened. B. There were no declarations or challenges. C. Community Development Director Murphy reviewed the Staff report as submitted in the Council's meeting packet. Staff recommended adoption of the proposed resolution and ordinance. D. Public testimony - none. E. The Public Hearing was closed. F. RESOLUTION NO. 92-07 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "All AND OUTLINED IN EXHIBIT "B" ATTACHED. (ZCA 91-18) (EDWARDS). G. Motion by Councilor Schwartz, seconded by Councilor Schwab, to adopt Resolution 92-07. The motion was approved by unanimous vote of Council a present. H. ORDINANCE i:0. 92-02 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-18) (EDWARDS) AND DECLARING AN EFFECTIVE DATE. I. Motion by Councilor Schwartz, seconded by Councilor Schwab, to adopt Ordinance 92-02. The motion was approved by unanimous vote of Council present. r: s i C CITY COUNCIL MEETING MINUTES ° JANUARY 28, 1992 - PAGE 4 4 ROOM iligingmiiamadaiNnizimmiiiiiil!lil:il~iiiill!il, 7. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 91-0019 WISE - ( A request to annex one parcel consisting of 0.95 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/acre). LOCATION: 12287 SW Lansdowne Lane (WCTM 2S1 3BC, tax lot 1200) ZONE: Washington County R-6 (Residential, 6 units/acrel. The City of Tigard R-4.5 zoning allows single-family residential units, public support facilities, residential treatment homes. farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. A. The public hearing was opened. B. There were no declarations or challenges. C. Community Development Director reviewed the proposed annexation. Contracts agreeing to future annexation were signed by the subdivision developer for Tippett Place in the mid- 1970's. Council asked the City Attorney's office to review the agreements and recommend the procedure to follow. E. Motion by Councilor Johnson, seconded by Councilor Kasten, to set the public hearing over to February 11, 1992. The motion was approved by unanimous vote of Council present. 8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0003 - A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. The hearing was set over to February 11, 1992. 9. EXECUTIVE SESSION: Cancelled. 10. ADJOURNMENT: 8:29 p.m. Att st• Catherine Wheatley, Ci y Recorder City of Tigard u rco, PaVs,~tt Date: ccm0128.92 Q CITY COUNCIL MEETING MINUTES - JANUARY 28, 1992 - PAGE 5 , COMMUNITY NEWSPAPERS, INC. Legal TT 7139 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising ' v ` r z t City of Tigard MOT ' Tearsheet Notu : -6,- si9ioFV r$ ~r~Z ~e ~rsi Fx e, 1g Cil Coun4cl>on ~uhay PO Box. 23397 ~,^992. at T 30P M.r'Ti~rd Civic Centbr To+vr~ HatiR4am 'i3I2y Tigard, Or 97223 Z6 4. b splicate AffidF' Rali`~ heotulr~vard, Tsg d, ~?x$o lu.t~lenoraztation: 6~• obt~rted.~na= C~r~ty5unityl~veiopmeril~Yteicq~ or C' Itecbrdeieat'~ th;same locauon or by n+ catlmg trr39 4T7i :;Yolre~rnvd;iotiit i Q ra~sten tpsirrnony:n advance of the raiaC pearl` testimony 4v~l1 ise eosrderede'!t$al~ngr>The plic teag yyr3 1 Ara P ~~rt t Ge; rrp~ ~1lIYEf ltB! ~,s~~~ FE$aYGI { AFFIDAVIT OF PUBLICATION ~I` + ~tbYt~ ~~c STATE OF OREGON, CB A`TSnr~'r~'t31V ~CX 91 GUl$ &1 .1,~ COUNTY OF WASHINGTON, )as. to annex t~vo pera as con~z§ttng of $ry n 0 2 ac t qty of t t! l;Iard and to change ttte zone ltrarn'AS}int 61, Judith Koehler Criltiy`(Ttestdent,r units/acre) toady of Tignrdxlt-Resideritittl' 4 nni being first duty sworn, depose and sa ghat i pm the Advertisiii APF!LICABI, s I& -C " W , Director, or his principal clerk, of the arcl Times 2 Seedom~ ~Z 0 g N."'1943 1-111 -if pg`g X Q1$e '0 6, a newspaper of general circ lation as defined in ORS 193.010$3t? ~8lsxve t 'fp Otg } and 193.020: Published a pc 1i~ar3 }0 21,{i©,2,?lti'2`~, FO I';aixd 1av IG1,1, 10 ;:2, IQa3, aforesaid county and stAe;a in the Bf;,d ItoaY ` 4WC' Ps 2,~U' w 'CIQI r3b95S+~XY}Fa3 _Publ z c Hearingl1$ Wash~n$torCtlart-r(Pesp t pp ~sfhi~bo;try 5R ~.5 zone $ ht; I s oK 5 stn tc iamiy resnnatttn a printed copy of which is hereto annexed, was published in the 7eside atraI laedtrrteltit drtteS,K fs,~Pue ' °p° MW i entire issue of said newspaper for One r carp home a-dul~11 t u1' I- oases, } successive and r upons rent ata➢yY. a r P f'n9SA atld tidea2t„ W444 -M consecutive in the following issues: othee:usas S r N1y , r ~jt~p5 Y tj7nl~ January 16, 1992 anr►e onpafc~2 ctaaisastata lit FlG s tom . chaao~c the`~oae~~m~fWashn~t~it Causal 1hc~~l :o~'~ad end for to CiiyYoF<'f`i$arct I~ lry Btd f RaW~ne) ~(ettii~~ttaa3~i~~uatlts r ~Ap4E REY.IEVy CRITEitiA CuinmUnit Dev~l~~e~ •a ade Seci~Ari~ / T8 32,t32Q, i~ 32 Q4t3, 8 aZ 30 8 ~6 03 8; 3 1S I3M, and F 1 $ b20, } Co_Pprehpfissrs'P i ~ es10; r1'024; IO 2 2, A 2 ~3K A, Subscribed and sworn t before me this 16th day of January 1992 1$ atone ; a 20 3 , asad 3.2 ryI.QCA 3nr12 8 r "s a TiV 2S _I 3~, lax YPf~IZOU ~i I,?ashazt Coa>rt R-tS,esatiilml + BAP tuo _ san t faanad aaaaa~s~ac el Tta Zit ttF't') $ t± Y dentFal nawts, At sa. port § Nhtjes sY:. treattuet hoa~aes, ° ► masaFalad$ h ,.sttntaai Notary Public for Oregon eared horlte&s , occupatrar diem $ ~'~r, C ; liddt My Commission xpires: A Y a e> aid resedentaat fine! f tlQSt + es` ;t 5 :ter a _ 3c Y e.lo AFFIDAVIT > TI74 4 d'ulF7ish 7ana„ry 99 4 n 1 7 v~ :ill Will 1111:11 -vav 4 COMMUNITY NEWSPAPERS, 1N C. Legal P.O. SOX 370 PHONE (503) 664-0360 NotlceTT 7146 BEAVERTON, OREGON 97075 Legal Notice Advertising The followi ig meeting highlights' arc published "for your i omutiop, Full. aI&ndas-mfiybe.obt fined lfrom;the City,-Recorder, 13125 S.W. Hall ® e ❑ Tearsheet Notice Boulevard, Tigard, Oregon 97223, or by,c2iliitg,639 4171 City of Tigard ° El Duplicate Affidav CITy COUNCIL i3L'"SINESS MEETING JANUARY! 28,1992 23397 Tigard, Or 97223 TTIGARD CITY HALL -7 TOWN H 1 125 SM HALt- BOULEVARD,'I'iGARO, ORI~CON Study Meeting (Town Hail C6i4i'i :'.Ice Room) (6 3Q p m E Business Meeting (Town I-Iail);(7:34 p m ) I AFFIDAVIT OF PUBLICATION Public Hearings. STATE OF OREGON, COUNTY OF WASHINGTON, )ss' m Zone.Change"Annexation ZCA 91".0017 Slir.luger (NPO 7) I, Judith Koehler _ (Continued, from =ll/19/91) = vocation 13030 SW 1Walnut Street being first duly sworn, depose and say_t at I ad~he Advertising 4 Zone Change Annexation"- 7.CA-91 0018:- Ed" aids Location Director, or his principal clerk, of the agar Mes 11695 „W Beef Bend Road i a newspaper of general circulation as defined in ORS 193.010 o Zone Change Annexation C,A 91 00 9 Wipe l ocatian .1?~7 SW Lansdowne bane and 193.020; published at T~ gard in the one Ordown6.. 'Amendirient , ZOA 0T;-0'0Q3`((' ontinued from' aforesaid county and state; that he 12/14/91).To 6116w-fences.or•walls: up to six feet i ir.hei in tronf{ inai City council Business Meeting gb yards along designaeed artenal and collector su.__A xclWing clear: a printed copy of which is hereto annexed, was published in the visioareas Alga to amend vision elegance requirements to, entire issue of said newspaper for One successive and "address topography, and vegeal curve situations consecutive in the following issues: local Contract Review Board Mi6ting i TanuarT 2-3, 1992 Executive. ession 'fIiF Tigard (city Council will gd''intb Executive Session under the provisions of".OR S-191:660 (I);;(d), (e), R (h) w'discoss labor ieladoi ns, real property, transaction's, current and g ending Iitigatioii issues ; TT7146 - Publish January2.199 i Subscribed and sworn to efore me this 23rd da of January 1992 Notary Public for Oregon My Commission ires: AFFIDAVIT CITY OF TIGARD, OREGON AFFIDAVIT OF POSTIIiG In the Matter of the Proposed Ur& aQVqCe Mo. ria-0a STATE OF OREGON ) County of Washington ) ss City of Tigard ) s I. begin first duly sworn, on oat 9epose an say: That I posted in the followipg public and conspicuous places, a copy of Ordinance Number(s) 4Q-0 which were adopted at the Council Meeting dated 115S145 copy(s) of said ordinance(s) being hereto atta ed and by reference made a part hereof, on the Z_ date of =-,I Vlhll eik L 1992. 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 date of «ar , 19_q.1- . Q OFFICIAL SEAL Not Public for Oregon M.JOANN HAYE5 NOTARY PUBLIC-OREGON S' l9 9 5 COMMISSION NO. 005513 My Commission Expires: 1AY CAMMISSION EXPIRE! MAY 5, 1995 h:\1ogin\]o\cwpost ' CITY OF TIGARD, OREGON ORDINANCE NO. 92-C_ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 18) (EDWARDS) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Barry and Mona Edwards, who are the owners of the subject parcel; and WHEREAS, The City Council held a public hearing on January 28, 1992 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on January 28, 1992 the City council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Map/Lot Number Current Zoning Proposed Zoning 2S1 1OBD/1800,2000 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 U 11(Lr) i m01-1-b vote of all council members present after Qtuc being read by number and title only, this day of Cat Brine Wheatley, City R rder APPROVED: This day of 1 2 A (Npved a to o John Schwartz, Council President CF ft / D At IBM- 1/28/92 ; AGENDA ..ITEM. NO. 2 , VZS ITOR' S AGEiDA DATE:' s (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-71.E-~.ZJ L7 1~~V / Lt T/oA r~.r V C? 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 copy ents to 3-5 minutes. The Chair may further limit time if necessary. Written ^omments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the fallowing: AGENDA ITEM NO. 5 DATE: 1/28/92 --PUBLIC--HEAPING - ZONE CHANGE ANNEXATION.ZCA 91-0017 SHRAUGER PIMASE PRINT NAME & ADDRESS NAME & ADDRESS PROPONENTS (FOR ANNEXATION) OPPONENTS (AGAINST ANNEXATION) low 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 cents are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. 6 DATE: 1/28/92 PUBDIC HEARING,. ~ `-ZO g".C' AN-GE''ANNEXATION ZCA 91-0018; EDWARD.S PLEASE ?PRINT NAME & ADDRESS NAME & ADDRESS PROPOA3FIUS (FOR ANNEXATION) OPPONENTS (AGAINST ANNEXATION) 7 i jg~!11~ III =BMW 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 1,10.` 7 DATE: t , 1/28/92: ' y PUBLIC HEARING - ZONE CHANGE ; Air NEXXATTM 2CA 91-0019. WISE PIXA.SE PRINT NAME & ADDRESS NAME & ADDRESS PROPONENTS (FOR ANNEXATION) OPPONENTS (AGAINST ANNEXATION) i i i j i r Y M Ell Depending on the number of persons wishing to testify, the Chair of the Council i 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. i Written comments are always appreciated by the Council to supplement oral testimony. } Please sign in to testify on the following: AGENDA ITEM NO. 8 • DATE: 1/2$/92 ,.PUBLIC.HEARING ZONE O_RDINAN7CL'%Ar",r^NDMNT,,ZOA 91-0003 FENCESty WALLS,.;.VISIOU CLEARANCE r i PLEASE PRINT NAIL & ADDRESS NAME & ADDRESS IMMISNE110i 0 COUNCIL AGENDA ITEM 3.a a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 28 1992 DATE SUBMITTED: January 16, 1992 ISSUE/AGENDA TITLE: LCRB - A of PREVIOUS ACTION: N/A Insurance Aaent of Record PREPARED BY: Loreen Edin DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Loreen Edin - ISSUE BEFO THE COUNCIL Council set policy for insurance purchases by adopting Tigard Purchasing Rules (Section 10.070). STAFF RECOMMENDATION Approve appointment of JBL&K Insurance (Portland) as Insurance Agent of Record from 02/01/92 through 02/01/95, and authorize City staff to negotiate a personal services contract to be signed by the City Administrator. INFORMATION SUMMARY The City has an on-going relationship with an insurance broker to act as our Agent of Record. This agent assists the City in the following ways: o negotiates and places property and casualty insurance, surety bonds, and workers' compensation insurance coverage for the City; o processes all claims and negotiates with the insurance companies, on behalf of the City, to achieve the most cost effective settlement; o is available for advise and consultation on insurance matters, safety programs, law compliance; and guidance for the risk management program. C_ The City's Purchasing Rules specify that we will open selection for Agent of Record at least every three years. The current Agent of Record is Leonard Adams Company and their contract expires 2/1/92. They have been our Agent for the last 17 years. At mutual agreement, the Leonard Adams company has selected not to participate in a competitive selection process this year for the Agent of Record position. On 11/26/91, the City received written proposals from 9 companies wishing to serve as the City's Agent of Record. The following companies were selected to be interviewed by the City's Selection Committee: JBL&K Insurance; Johnson & Higgins; Rollins, Burdick, & Hunter; Sedgwick James; and Willis Corroon. After careful review of the proposals and services offered, the City's Selection Committee (comprised of Chuck Corrigan, Wayne Lowry, & Loi:een Edin) recommended appointment of JBL&K. PROPOSED ALTERNATIVES 1. Appoint JBL&K Insurance as Agent of Record through 02/01/95 with annual review of service conducted by City staff. 2. Give further direction to staff. FISCAL NOTES 1. Control the cost of commercial insurance as well as assist staff to continue developing the City's formal Risk Management Program. $319,000 is budgeted for the City's commercial insurance purchase FY 91-92. 2. Unknown. ligg 1 3 ~ COUNCIL AGENDA ITEM -3, a rrV C. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Jan. 28, 1992 DATE SUBMITTED: Jan. 17,1992 ISSUE/AGENDA TITLE: Gaarde Street PREVIOUS ACTION: -Realignment Construction Bid Award, / PREPARED BY: GarV Alfson DEPT HEAD )MIN OK REQUESTED BY: ISSUE B FORE THE COUNCIL Award the contract for construction of the Gaarde Street Realignment project. STAFF RECOMMENDATION Authorize the City Administrator to sign a contract with Ken Hood Construction. INFORMATION SUMMARY The Gaarde Street Realignment is the last Major Street Bond project. The project involves the construction of a new road from 99W at McDonald Street, past Elmer's Restaurant, connecting to the existing Gaarde Street east of 110th Avenue, removal of three duplex structures, reconstruction of the signal at 99W, a new parking lot and miscellaneous improvements to the Elmer's site as part of the right of way negotiations, and reconstruction of the existing Gaarde Street to align with the new a Gaarde Street. Fifteen bids were received from contractors to perform the construction. The bid results are as follows: Ken Hood Construction Milwaukie $504,356.70 Northwest Earthmovers, Inc. Tualatin $532,855.86 Rutan Construction Beaverton $534,324.00 Malar Construction Beaverton $549,723.65 I C & M Construction Sherwood $554,065.32 Coffman Construction Oregon City $567,399.00 Bones Construction Aloha $576,150.94 Emery & Sons Construction Stayton $576,618.90 ACS Incorporated Vancouver $582,994.25 Peterson-Western Corporation Portland $587,808.75 Copenhaqen Utilities Clackamas $587,901.00 Clearwater Construction Portland $599,167.00 Kerr Contractors Tualatin $600,017.00 Eagle-Elsner Tigard $659,999.95 Morse Brothers Sherwood $760,723.00 The Engineer's estimate was $545,000. PROPOSED ALTERNATIVES t Award the contract to the lowest responsible bidder. Reject all bids. a FISCAL NOTES The project is funded by the Tigard Major Streets Traffic Safety Improvement Bond. g Approximately $125,000 will be paid by ODOT for the reconstruction of the signal at 99W. ga\ss-garde.ga A i S' i i COUNCIL AGENDA ITEM. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 28. 1992 DATE SUBMITTED: _1/17.92 ISSUE/AGENDA TITLE: Dartmouth LID PREVIOUS ACTION: Construction Financing PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OXI REQUESTED BY: ISSUE BEFORE THE COUNCIL Shall the City Council authorize the issuance of limited tax general obligation bond anticipation notes to fund the construction of the Dartmouth Local Improvement. STAFFREC''OMMENDATION Staff recommends approval of the attached resolution. INFORMATION SUMMARY In order to proceed with the construction of improvements within the Dartmouth Local Improvement District, the City Council must authorize the issuance of debt to fund the improvements. i With the advice of our financial advisors, Public Financial Management, we are proposing to issue approximately $2,645,000 in limited tax general a obligation bond anticipation notes. The notes will mature in February 1994 's at which time principal and interest will be due. The City is pledging the proceeds from the eventual sale of long term assessment bonds when the project is completed and the final costs are assessed. In addition, the full faith and credit of the City is also pledged to the repayment of the rotes. The City has commonly made such pledges for similar issuances in the past. i The pricing of tha proposed issue will be held the week of January 20, 1992. After the pricing takes place, we. will have the principal amount, the interest rate, and other information to fill in the blanks in the final resolution, which will be presented at the January 28, 1992 Council meeting. PROPOSED ALTERNATIVES 1. Authorize debt issuance. 2. Do nothing. was FISCAL NOTES 1. Incur debt of $2,645,000 and provide funds for Dartmouth improvements. z ~k P' !S COU6C:IL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 1,/28/92 DATE SUBMITTED: 1117192 ISSUEjAGENDA TITLE: Western Found" P12Ei1I0US ACTION: none Oregon Business Development Fund R ution PREPARED BY: Planning Staff DEPT HEAD OK CITY ADMIN OKT.~-" REQUESTED BY: Ed Murphy. Community Development Director ISSUE BEF RE THE COUNCIL To adopt a resolution expressing support for Ms. Renee Fellman of Interim Management Company's application for an Oregon Business Development Fund Loan. STAFF RECOMMENDATION It is recommended that the attached resolution be adopted. INFORMATION SUMMARY Periodically, the City of Tigard is asked by local businesses to endorse their applications for low interest loans from the Oregon Business Development Fund. This endorsement in the form of a resolution is a required part of the loan application package. Western Foundry Company, which is located at 8200 SW Hunziker, is a manufacturer of metal castings and employs approximately 45 people. Ms. Renee Fellman of the Interim Management Company is seeking a low interest loan from the Oregon Business Development Fund to assist in the financing of the purchase of the Western Foundry Company. Ms. Fellman states that if this financing is secured, the purchase of this company will preserve those 45 jobs which would have been lost due to the Company's intent to file Chapter 11. In order for the applicant to qualify for a Development Fund loan, and thereby preserve these jobs, the City of Tigard must pass a resolution expressing its support. This purchase is consistent with City economic development policies and implementation strategies. Economic Development Plan Implementation Strategy #22 states that the "City shall continue to demonstrate support for local industry Business Development Fund and Industrial Revenue Bond applications for low interest financing." PROPOSED ALTERNATIVES 1) Adopt the attached resolution expressing support for the firm's loan application. 2) Deny the applicant's request and do not support the firm's loan application. FISCAL NOTES The passage of the resolution will not obligate the City in any way. The Oregon Economic Development Department does a thorough credit check prior to taking any action on requests for Development Fund loans. d f C rp\wf.sum 3 3 Ism jillffij~~~ Hill RENEEFELLMB Interim Management Company r 1040 Bank of California'rower 707 SAK Washington Street Portland, Oregon 97205-3527 503.223.6300 FAX 50,5223-6070 January 17, 1992 City Planner City of Tigard Oregon 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request for City Council resolution I wish to purchase the stock of Western Foundry Company, 8200 SW Hunziker, Tigard, Oregon. Western Foundry is a manufacturing company which employs approximately 45 people. My purchase of the Company would preserve those jobs. In order to accomplish this purchase, it will be necessary to arrange a ~K., through the Oregon Development Fund. One requirement of the loan application is a resolution from the Tigard City Council endorsing the application. I have attached two sample resolutions for your use. In addition, I am enclosing a letter (April 11, 1991) from Ron Pomeroy, Assistant Planner, indicating that the Company is a permitted and a conforming use. What other information, if any, do you require? The Council resolution should be submitted to the Oregon Development fund before February 1,.1992. Please let me know if that is too tight a time frame. Thank you for your assistance. Renee Fellman Attachments (3) ICTY OF TIGARD OREGON April 11, 1991 D ~ ~ ~U CTY Mr. Renee Fellman Interim Chief Executive Officer Western Foundry Company WESTERN FOUNDRY GONlpANy P.O. Box 23278 Portland, OR 97223 RE: CONTINUED USE OF PROPERTY AS METAL FOUNDRY IF OWNERSHIP OF PROPERTY OR OCCUPANT CHANGE. I am writing in response to your request of March 26, 1991 regarding the following questions: Are we correct that Western Foundry property is zoned light j" industrial? \ Is the current use a permitted use? If it is, in fact, a permitted use, does that mean that the use may continue no matter who owns or leases the property? Western Foundry is located at 8200 SW Hunziker Street in Tigard. This.site is zoned I-L (Light Industrial). Based on the description of the processes used at Western Foundry, the City has data---incd th?t the current use c a. permitted conforming use in the I-L zoning district. The description provided in your letter was used for this determination and is noted below: Western Foundry manufactures metal castings. The process uses steel plate, broken cast iron, and ferro alloys which are melted in an electric arc furnace, induction furnace, or cupola (which is fueled by coke) and then formed into ferrous castings. This definition most closely fits the Community Development Code classification of Light Industrial - Manufacturing of Finished Products. This use is listed as a permitted use within the Light Industrial zone as specified in Section 18.70 of the Community Development Code. 13125 SW Hall Blvd., RO. Box 23397, Tigard, Oregon 97223 (503) 639-4171 _ Therefore, the current use on this site may continue no matter who owns or leases the property until the time-when a'-future Community Development Code amendment may define this use as non-conforming. If such a future code amendment should redefine this current use as a non-conforming use, the site would most likely be granted a legally non-conforming status and be permitted to continue on this site until such time that the use has been discontinued for a period exceeding six (6) month:. At such a time, the site would forfeit its, nonconforming status. Consequently„ all subsequent uses on the site would then need to conform with the current regulations of the Community Development Code. If you have any questions or comments please contact the City of Tigard Planning Department at 639-4171. Sincerely, Ron Pomeroy Assistant Planner ~l Ilp COUNCIL AGENDA ITEM NO. L Bill Gross j 3019 SW Hampshire Portland. OR 97201 Tel: 2Z8-3228 December 12, 1991 Dick Beweradorff Tigard Planning " PO Box 23397 Tigard, OR 97223 RE: Comprehensive Plan Amendment CPA 91-®001; Application Withdrawn FROM: Applicant TO: Dick Sewersdorff Mr. Bewersdorff. I herein withdraw the request for a comprehensive plan amendment for general commercial use for the parcels in the southwest quadrant of the SW Scholls and 135th intersection. I intend to request a comprehensive plan amendment for the proposed community commercial use for the parcels with a new application in February 1992. Regards, L - Bill Gross .1 l s i d 3 a t~ t if - I i r i R t COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY rAGENDA OF: January 28, 1992 DATE SUBMITTED: January 17, 1992 3SUE/AGENDA TITLE: Shrauger Annex. PREVIOUS ACTION: Postponed from ZCA 91-0017 one Chan a Annexati November 19, 1991 meeting PREPARED BY: Victor Adonri DEPT HEAD OR CITY ADMIN OK REQUESTED BY: Ed Murphy ISSUE B THE COUNCIL Should the City Council forward a requ s f for annexation of a parcel consisting of approximately 0.70 acre located a 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 indefinitely 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. INFORMATION SUMMARY This annexation was previously considered by the Council on November 19, 1991. The Council asked staff to contact adjacent property owners. A report on their responses will be delivered at the Council meeting. This 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 C nf existing septic tank drain field. The property owner signed a onremonstrance agreement and connected to the sewer on November 22, 1991. 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 neighboring property owners when they were notified in November, 1991. Also attached is a vicinity map and staff report. r NOTE: The recommendation remains the same as on November 19, 1991, which 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 continue reviewing the feasibility of annexing a larger area into the City at sometime in the future. 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. 'he 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 7 tax rate of $1.87/1000 = $86.64). VA/ZCA91-17.s= CITY OF TIGARD, OREGON RESOLUTION NO. 92- 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 January 28, 1992, 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, DUE IT :wSOLVED 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 i possible. i 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 1992. ATTEST: Mayor - City of Tigard City Recorder - City of Tigard APPROVED AS TO FORM: i City Recorder Date 1 f i t iJ! • I CITY OF TIGARD, OREGON ORDINANCE NO. 92- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 17) (SHRAUGER) AND DECLARING AN EFFECTIVE DATE. 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 January 28, 1992 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on January 28, 1992 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. i THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy i0„1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Map,/Lot Number Current Zoning Proposed Zoning 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. C. MENEM l PASSED: By vote of all Council members present after being read by number and title only, this day of Cl Catherine Wheatley, City Recorder APPROVED: This day of 1992. Gerald R, Edwards, Mayor Approved as to form: City Attorney Date H:\LOGIN\CATHY\ZCA91-17.ORD I z i i • i 1 TIGARD CITY COUNCIL ORDINANCE NO. 92- ' I i i STAFF REPORT November 19, 1991 i 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 rt d 4 2. Vicinity Information tom' 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. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.3.1, Established ZCA 91-17 Staff Report 2 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: :a 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 3 11 1103111 son= 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 s 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. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for an established area and shall be designated as such on the development standards area map. C. RECOMMENDATION 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 3 then be combined with other requests for annexations in the area. s PREPARED BY: y Victor Adonri, Development Assistant Planner t, VA/ZCA91-17 g tj k i ZCA 91-17 Staff Report 4 t d s i 7 7 {1 F d G "EXHIBIT A" Legal Description C: t 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 w` 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 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.. i r annex j 2s1.4a-1800 v Y P' i 1 I 1 i t Saw- to be / f f nnexea / f parce f / ~ ~ f f ~ith~n ST / f f Zigard city f / ~ ~ limit / ~ / bau ! feAr j/~J, f ~ ~ Olgitat Iota t maA rte CttY J / U11ea ;tdputil}tie9 Gao9r°" et S{4lnfetnetiet SY°lem / Atlc fet trace. {tlar / CtS) tote ff, mat iea Par it aY°+ 1a pe f ~ troy p• ittendt t\iea°i ` / j ~ f/ ` _ acrd sil6 add ar / 1 / ~ Le4telce{ ofd/ d9te N O in\e l~tttei nit ►Y f J1 / R T g t4t°li4t till ~ ~ ~ rttol{aittl loo COUNCIL AGENDA ITEM NO. lY CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 28, 1992 DATE SUBMITTED: 1/15/92 ISSUE/AGENDA TITLE: Edwards Annex. PREVIOUS ACTION: None ZCA 91-0018 Zone Change Annexat' , PREPARED BY: Victor Adonri DEPT-HEAD-OK CITY -AD14IN-OK/ %4REQUESTED BY: Ed Murphy - rr ISSUE~ ORE THE COUNCIL Should the Cit Council forward a request for annexation of two parcels consisting of approximately .87 and .28 acres located at 11695 SW Beef Bend Road to the Metropolitan Area Local Government Boundary Commission? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designation to the property in conformance with the Comprehensive Plan. INFORMATION SUMMARY This :annexation request consists of two parcels totaling 1.15 acres that are contiguous to the City of Tigard on Beef Bend Road. The owners of the two properties requested annexation in order to obtain sanitary sewer service. Attached is a resolution to forward the annexation request as well as an ►rdinance 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 has been no response from neighboring property owners. Also attached is a vicinity map and staff report. PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 3. Deny the proposal. FISCAL NOTES The City of Tigard will pay the Boundary Commission fee of $240 for annexation. The current tax assessment is $114,830. The City couuld increase its tax base by approximately $215.00 (Assessed value multiplied by City tax base portion of tax rate of $1.87/1000 as of 1/1/90 = $214.73). z SEEM STAFF REPORT January 28, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 91-18 REQUEST: To annex two parcels consisting of 0.87, and 0.28 acres of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acme) 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: Barry and Mona Edwards 11695 S.W. Beef Bend Road Tigard, Oregon 97224 OWNERS: Barry and Mona Edwards 11695 S.W. Beaf Bend Road Tigard, Oregon 97224 LOCATION: 11695 S.W. Beef Bend Road, WCTM 2S1 1OBD tax lots 1800 and 2000. 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Properties to the north of the site are in the City of Tigard and are developed as single family residential. lots. Properties to the east are zoned R-4.5 (Residential, 4.5 units per acre). All properties to the west are large single family lots in Washington County. Properties to the south are in the City of King City and ZCA 91-18 Staff Report 1 f 1 i i are zoned AT (Apartment and Townhouses). 4. Site Information and Proposal Description i The properties to be annexed have one single family residence with the remainder of the undeveloped. Both properties slope downward to the west. The properties are largely open with grass and a few trees scattered throughout. s The applicants requested that their parcels be annexed into the City of Tigard in order to connect both parcels to sanitary sewer line. f There is an existing man hole on Beef Bend Road at the south easterly corner of the property. The sewer line extends along the frontage of Beef Bend Road. 5. Agency and NPO Comments Tigard Water District, Tigard Police Department, Washington County Land Use and Transportation, City of King City, General Telephone and Electronics, NW Natural Gas, Tigard School District 23J, Portland General Electric, and Metro Area Comminication have reviewed the proposal and offer no objections or comments. ti i B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.3.1, Established Areas; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning organization as well as surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. Plan Policy 6.3.1 is satisfied because the annexation will be designated as an established area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the t Washington County Island Urban Services Study which includes the subject property. This study indicates 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 although there is an ZCA 91-18 Staff Report 2 Ilion i _ irregular boundary in this area, the annexation will not add to that C irregularity, the Police Department has been notified of this request, the land is located within Tigard's Area Of Intarest, 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 x policies discussed above have been satisfied and the property has been determined to be an Established area in accordance with the criteria in Chapter 18.138 of the Code. j The Urban Planning Area Agreement between the City and Washington t 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. a 'i 2. Chapter 18.138 of the Code is satisfied because the properties meets the definition for an Established area and shall be designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends j approval of ZCA 91-18. PREPARED BY: vv ~ Victor nri, Development Assistant Planner 3 i i ZCA 91-18 Staff Report 3 1 i s+ i4 i zc~ q~-oo~q Agenda No 7 2-l l-q2 c x uhter Heildg Zone Card "Ance 1aep nt &.9].-OQ92.- A proposal to consider amending the 'Community Development Code Chapter 18.100.090'Setbacks `for Fences or Walls; and to amend v~--ion clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. he- a.~,ng{ s sef over` to F 151 1992 Executive Session: Cancelled. Adjournment: 8:29 p.m. h:\r=rder\ccr\ccr0128.92 Sam COUNCIL RECAP - JANUARY 28, 1992 - PAGE 3 i f t 4 d AGENDA ITEM 5.2 MEMORANDUM CITY-OF TIGARD, OREGON TO: Planning Commission FROM: Planning Division DATE: September 26, 1991 SUBJECT: Fence-Requirements. OVERVIEW Summary: Development Code regulations restrict fences and walls in a required front yard to three feet in height. Height and location are also controlled in other yards. (See Exhibit "I" 18.100.090 Setbacks for Fences or Walls) Policy Implications: Should the City allow people to construct higher fences in front yards and would that affect the public interest? c Financial Impact: There would be negligible financial impact through the reduction of variance applications and fees. Recommendation: It is recommended that the Ci,ty's fence 1 regulations-be revised to allow fences up to eight feet in height in front yards adjacent to arterial and major and minor collector streets except where clear vision requirements must be met. In addition, it is proposed that the clear vision requirements (18.102) be modified to restrict fences where topography limits vision. The fence regulations should also be changed to eliminate Him the requirement for a two-foot setback four corner side yard fences. RM= (See Exhibit "A" Proposed Ordinance) ANALYSIS Background: Recent questions regarding when and where fences can be built have been discussed by the City Council. The Council requested that the Development Code provisions regarding fences be reviewed. The development code requirements pertaining to fences are covered under Chapter 18.100.090 and are attached as an exhibit to this memo. Issues: Staff discussion identified various issues relative to fences: The code requires a two foot setback for any fence abutting a street side yard. (Engineering staff has indicated that this was probably required because of easements but, in reality, theme, have found no need for the requirement) Fences built according to this requirement also tend to leave unmaintained strips adjacent to streets.There appears to be no need for this requirement. There are sometimes clear vision problems at an intersection near the crest of a hill. These are compounded by the construction of a fence even as short as three feet. Fences are allowed along rear lot lines abutting a street while they are not allowed along the front lot lines abutting a street. In this case, it is possible to have a situation with a row of six to eight foot rear yard fences along a street, then no fences higher than three feet, and then another row of six to eight foot rear yard fences along the same street. Fences over three feet in height cannot be built without a variance in defined front yards. This has proven to be a hardship in individual situations along busy streets. Fences are not allowed in the right-of-way. Any work in the right-of-way requires a Street Opening Permit. Public Interest The question of what is in the public interest in regard to fence requirement needs to be asked. The purposes for fences range from decoration, privacy, and protection to the definition of boundaries. Fence heights have been traditionally been controlled for aesthetic purposes and to allow visibility for police patrol. Fences heights on side and rear yards have been controlled for the purpose of maintaining light and air. Brick, rock and cement walls along front property lines were rather common many years ago. Clear vision areas at street and driveway intersections are important safety considerations. Control of fences for safety purposes is a logical public interest. The Tigard Police have indicated that their major concern is that clear vision is maintained at intersections and corners where traffic is impacted, not for surveillance. Some cities, such as Tualatin, do not have fence requirements for single family dwellings. The Tualatin Planning Director has indicated their city has not encountered any problems without the requirements. Any construction in the right-of-way is reserved for public purposes. Any activity in the right-of-way needs to be controlled so that it does not irkterfere with a public purpose. Activity in the right-of-way, what can occur there and the permit process for those activities are separate issues not addressed in this report. r ' ( In reality, it appears that the majority of issues relating to fences in Tigard have been because the city controls the location and height, not because the public has requested the control. It is also true that hedges are not controlled and there are many instances in the city where they serve the same purpose and function as a fence where a fence is not allowed. NPO Response The proposal has been reviewed by the NPO's. NPO 3 favored allowing fences in front yards. They made a motion, with three in favor and three abstentions, that where there is a sloping corner lot where the slope is from a local street to an 'arterial or collector with a stop sign on the local street the height of a fence should be measured at the stop sign not down the hill. They asked that staff look at two existing situations. Both had hedges that obstruct vision on corners. Existing regulations would require that the hedges be trimmed to three feet. In neither case would the proposed provisions relative vertical curves apply. NPO 4 suggested retaining the existing ordinance with a change in the maximum height to four feet from the present three feet. NPO 5 approved allowing fences in all yards. NPO 5 voted to retain the existing fence provisions. NPO 7 opposes any proposal to amend the fence standard except to include hedges under the same conditions as front yard fences and to eliminate the two foot setback on street side yards. NPO 7 would support a proposal to streamline variance reviews for hardship or unusual circumstances. NPO 7 suggested that fences create privacy, protect children and pets and provide separation from busy streets, however, they also can create street walls preventing police and community surveillance, decrease the sense of community, hinder emergency access, hinder_ vehicle and pedestrian safety, unduly interfere with views of neighbors; create an unattractive appearance and balance the enjoyments of the property owner with those of the community. Alternatives Change the development code to allow fences in all yards to a height up to eight feet excluding clear vision areas. This approach would leave the choice up to the property owner. Clear vision requirements would make front yard fences unlikely in many cases because of the requirements relative to driveways. Allow fences to a height up to eight feet in the front yard along all streets listed on the Comprehensive Plan Transportation Map as Arterials, Major Collectors or Minor Collectors, subject again to clear vision requirements. This approach would continue to control aesthetics in most residential areas but would also allow fences or walls to be constructed where traffic, noise and privacy considerations could be more of a problem. I 1 i I i J Retain the existing code provisions. This would indicate that the present requirements are consistent with the city and community needs and philosophy. Conclusion Because of the clear vision requirements at driveways, many would choose not to build a front yard fence. The major risk in the proposed approach is a long row of front yard fences or individual front yard fences that may not be aesthetically pleasing. The Development Code should be changed to allow fences or walls to be constructed higher than three feet in height in front yards `k along major streets. ,fy i 5 4 a f I l f' •3' iS 1 i Exhibit "I" 18.100.090 Setbacks for Fences or walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.8. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard or six feet on a corner side yard or eight feet in all other locations and, in all cases, shall meet vision clearance area requirements (Chapter 18.102); 2. Are permitted outright in side yards or rear yards to a height of six feet; 3. Located in a side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval; 4. Located in the front yard or corner side yard and } which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or 5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89-06; Ord. 85- 14; Ord. 83-52) } 5 C(r 5 4~ J 1 4-10 r g zoo, ta~~ C SON { i 1 i 9 if 1. - , 1`he following meeting hjgltiagPats ate pulalish foe yc~ur_in6-r tit ii Pull klall agndas'iniy bG,titaltaed:fra;the CsxY,..ie~oos, 13125, &'W. Boil, d;,T' 'd Pregbo 9712.3;;or blr calling;639,1d172 CITY COUNCIL:BUSIf4ESS MEETITIG a-' IAN"UARY 28;1992 ~N ~IAI.L TIGARD CITY HALL - TO 13125 SW; HALL" ;$OULEVARD;MGAIt OR$~Gt)N Study Meeting (To)in 1ia11 Con.brenc.e Room) (6 30 p m ) 8asiness.Meedng•,(Tbwn.Hal!) (7 3Q p.m;) Putilic Bearings $ ~ ~ Zone;Charigc Ann;zatton. mA.9,1-0017 ShEauger (NPC3 7). j (r`oztinuGSl arum d1J19,,91) Loca111n 13030:S~v' Walnuq Str Zone; Change Annexation° -ZCA 91-0018:= Edw~ =d, Ls ataon 1169 SW Becf Bend'Resd ! d _o^a tihttyage Annexation ZCA 9.1-0019: Wise. Locatidd,'127.37 SW Lansdowne Lane Zonc•Grdanance Airieodmg~t ZOA 91 0003 (C©ntinued faom :12/1/91).,To'allow-fences or walls up to sFx: feet lra'tieight in front A yads,alonQ designated arterial and coTlecto.st,eet~'cascluding clear yisj oi't areas;: Alsoao ame;nd.vision clearance requirements to" address tapograplry;and.wertica! curve situations i q al Contract Review Board Ale dung Bxecut ye Se"ssion: Thc.:Tigard City" Council -will'go into Executt:re Session usid r ih, grd Asions;Of-t7RS 192.660 (1) (d), (e), & (h) to discuss " labor relations, real.propcrty transactions, current and pending litigation . issues T17146 -Publish January 23,1992: i 1 Y MISS Pill I