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City Council Packet - 08/17/1993 f CITY OF TIGARD OREGON { 4 r ij PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (fDD - Telecommunications Devices for the Dean. - Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deat). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 17, 1993 - PAGE 1 AGENDA AUGUST 17, 1993 1. CALL TO ORDER AND ROLL CALL • Call for Non Agenda Items 2. EXECUTIVE SESSION (TOWN HALL CONFERE CE ROOM) (5:30 P.M.): The Tigard City Council will 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 and the employment-related performance of a public officer. 3. STUDY SESSION (TOWN HALL) (6:30 P.M.): • Joint meeting with the Tigard Planning Commission Review of the Tree Ordinance - Tree Preservation Strategy 4. COUNCIL COMMUNICATIONS/LIAISON REPORTS 5. NON-AGENDA ITEMS 6. ADJOURNMENT coa0817.93 COUNCIL AGENDA - AUGUST 17, 1993 - PAGE 2 z Council Agenda Item TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 17, 1993 • Meeting was called to order at 5:42 P.M. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Paul Hunt, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director; Carol Landsman, Senior Planner; Duane Roberts, Associate Planner; Liz Newton, Community Involvement Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. 2. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 5:42 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues and the employment-related performance of a public officer. STUDY SESSION 3. STUDY SESSION (7:15 P.M.): • Joint meeting with the Tigard Planning Commission. Jack Schwab and Joe Schweitz of the Planning Commission were present. • City Attorney Ramis reviewed "Goal 5" of the Statewide Planning Goals. Goal 5 deals with Open Spaces, Scenic and Historic Areas, and Natural Resources. (Note: Transcript of Mr. Ramis' talk on Goal 5 is on file with the Council packet material.) 4. ITEMS OF DISCUSSION: • Senior Planner Landsman noted that DLCD prescribes a process to assure cities update their Comprehensive Plans. A letter was received from the Department of Land Conservation and Development, advising that the City of Tigard needed to complete an inventory of those resources named in Goal 5. Since the initial letter, there have been some mixed signals from DLCD as to what should be included in the inventory. Senior Planner CITY COUNCIL MEETING MINUTES - August 17, 1993 - PAGE 1 s Landsman went over the structure of the goals and the fact that the first step is to inventory the resources. These resources then must be reviewed as to whether the city wishes to protect them totally, not provide protection, or to partially protect. • Councilor Schwartz asked what kind of financial responsibilities must be taken into account when looking at someone's property and the identification of resources. City Attorney Ramis responded that the City has two responsibilities: (1) to understand the economic consequences of identifying and setting aside these resources to both the individual and the community (ESEE analysis); (2) to make sure the owner is not deprived of economic use of the property. • The wetlands are protected by certain state and federal restrictions. The city can further restrict if it so desires. • Senior Planner Landsman described the ongoing process and development of the state-wide planning goals. The areas of concentration have changed since the implementation. This is why cities and counties are still working to complete implementation of these goals. • Senior Planner Landsman reviewed the three areas necessary in order for wetlands to be present. The wetlands must have a certain type of "hydric soil", a certain type of vegetation must be present, and a certain level of saturation must be present. Once it is determined an area is a wetland, the City must decide whether it is a significant wetland. If determined to be significant, then the City must decide how high of a value to put on the property as to its overall importance as a wetland (i.e, how much protection). Trees • Senior Planner Landsman posed the following question for the purpose of preliminary discussion: (1) When should we regulate tree removal, and if we do, what criteria should be used? • Associate Planner Roberts reviewed the matrix submitted in the Council packet. This matrix denoted tree regulations in other cities and the differences from city to city. There was brief discussion on the definition of the meaning of "developed" or "undeveloped" property. Community Development Murphy had previously reported that a property was considered developed when a CITY COUNCIL MEETING MINUTES - August 17, 1993 - PAGE 2 residence or structure was placed on a parcel of land. This parcel could be the size of a lot or as large as several acres and still be considered to be developed. Mayor Edwards advised that if the trees were inventoried and identified, "developed" and "undeveloped" would have more meaning; perhaps then an overlay could be placed on significant areas. There was discussion on the identification of the trees and the need to identify in advance those trees which were important. There was some discussion on who would take responsibility for the care and maintenance of trees identified by the city. Senior Planner Landsman advised the property owner would probably be asked to take care of these trees. Councilor Schwartz noted the difficulty he experienced when balancing the rights of the property owner and the City's ability to regulate certain things. City Attorney Ramis responded that there can be W lest of reasonableness." Mr. Ramis explained that if there was discomfort, some cities use an appeal process as recourse for property owners if they feel there has been an error in judgment or overprotection of a certain tree or trees. There was discussion on code enforcement relating to tree permitting, and whether or not a tree permit system could be self-supporting. A member of the audience asked to speak, and Mayor Edwards granted her permission to do so. Liz Callison, a representative of Fans of Fanno Creek, advised as follows: (1) Older trees are dependant upon underground sources of water. The area must be undisturbed up to forty to fifty feet out from the tree; (2) The water table must also be considered when development is occurring; (3) Trees should be left in groves or groups; (4) Large trees take up surface water run-off. Jack Polans of King City informed the Council he was in the process of inventorying and researching elements of the law. Christine Herr questioned whether there was already a good list for determining which Goal 5 resources should be on the inventory. Senior Planner Landsman responded there is a very good list for wetland areas, but the determination as to their significance or how much protection they should receive has not been completed. After discussion, the general consensus was that Council was supportive of a process to identify trees and treed areas which are significant. After identification, the City will determine which of those trees merit special protection. The Planning Commission will develop a recommendation to the CITY COUNCIL MEETING MINUTES - August 17, 1993 - PAGE 3 Council. It was suggested that this would be a good project for CIT participation. It was also suggested that in the interim, a permit of some sort be issued so that it would be known what trees are being removed, and where. 5. NON-AGENDA ITEMS: Hart Property Community Development Director updated Council on recent activity on the Hart property. Fill dirt was spread over part of the property without a permit. Mrs. Hart will have to prove that this fill is not in the floodplain. At the last Council meeting, Mr. John Rankin (Mrs. Hart's attorney) advised that Mrs. Hart intends to delineate the floodplain area. * Councilor Fessler distributed a letter to Council reference the Hart property issue. She recommended the City Council review their position and attempt to take more of a proactive stance, rather than reacting to events as they occur. Discussion followed which included the question of selection of the engineer who will do the work to delineate the floodplain. The City would like to have some input into who is hired (i.e., Mrs. Hart select three engineers and from the three the City would select the one to do the work.) City Attorney Tim Ramis will contact Mr. Rankin to obtain more information on when and how the floodplain delineation will occur. iConsideration of Ordinance Regulating Private Viewing Rooms Community Development Director Murphy and City Attorney Ramis reviewed this agenda item. It was noted City Council had discussed regulating adult entertainment businesses at a workshop on October 12, 1992. At that time it was decided the City Attorney and staff should propose ordinance amendments which would regulate private viewing booths, without changing the Community Development Code regulations pertaining to adult entertainment businesses. Community Development Director Murphy noted there have been some inquiries about establishing a new business(es) which would require viewing booths. There was brief discussion by Council, with consensus that it was appropriate for the Council to consider this ordinance as a non-agenda item. It was noted that because the issue had been discussed in the past and because of concerns raised previously, Council agreed with staff that the ordinance should be adopted with an emergency clause; the ordinance would be become effective upon its signing. *Addition to Minutes (See minutes of 9/14/73, Page 2): "Councilor Fessler made a motion via a letter which died for a lack of second." (See letter dated August 17 1993, from Judy Fessler to Mayor and Councilon file with the packet material.) CITY COUNCIL MEETING MINUTES - August 17, 1993 - PAGE 4 In response to a question from Councilor Schwartz, Section 11.10.020 ( Definitions, item (b) "Viewing Booth" was changed so that it would read as follows: (b) "Viewing Booth" means any booth, cubicle, room or stall that is physically separated from other areas by a door, curtain, partition, drapery or other device or material, and is designed, intended or used to provide for viewing of motion pictures, films or videotapes in private by one (1) or more persons. "Viewing booth" does not include a theater designed, intended or used to provide for viewing of motion pictures, films or videotapes by an audience seated together in a room or auditorium designed or intended for use by more than one (1) person. ORDINANCE NO. 93-22 - AN ORDINANCE AMENDING TITLE 11 OF THE TIGARD MUNICIPAL CODE BY ADDING CHAPTER 11.10 REGULATING THEATERS. Motion by Councilor Hunt, seconded by Councilor Fessler, to adopt Ordinance No. 93-22, with the amended wording as noted above in Section 11.10.020(b). Motion was approved by a unanimous vote of Council present. (Mayor Edwards, Councilor Fessler, Councilor Hunt, and Councilor Schwartz voted eyes. EXECUTIVE SESSION (TOWN HALL CONFERENCE ROOM): The Tigard City Council went into Executive Session at 9:20 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues and the employment-related performance of a public officer. ADJOURNMENT: 9:34 p.m. n ~L:tC 2fiYi_P ~ Attest: atherine Wheatley, City Recorder IfIv -Meyer, of Tigard Date: r// / L/ h:\recorder\ccm\ccm0817.93 CITY COUNCIL MEETING MINUTES - August 17, 1993 - PAGE 5 COMMUNITY NEWSPAPERS, INC. a+ O WX 370 P>►UNti IW3) U4 03W rooane• 7'f 7655 UfAVt-NTON. QRCCION 9PO75 r, Legal Notice Advortlslno !Ell °t,ity of T1gArxi rk~ ,5 • q Tearsheet Notice 13125 SW IQ111 111vr1. i 3 ~ °'YigntY9, Orei w 972,23 ~L ' N hy. e D Duplicate Affidavit • J ° The famming eta wag ayrs Pty ti- mwimlva r}~ shaf=t may be abralatt:~d =rose ho Gla7' a ties*„'S, 4_T/, d Ftaxilavutt, T~Vr4. pmjm RMI, or by waft &W4$71. CITY cf3Lu,'U.1AVO t &I kF"m AFFIDAVIT OF PUBLICATION AUGM1717,1993 TK3ARD CITY H AU L =TOWN MLL: . STATE OF OREGON. ) 1312yq.{ S.W. ULLL t YA C,T fRx,.t 'Q COUNTY OF WASM4GION, )aa t.. Jcaclf tit Xod11 es 8x41:11lfve SOWAO cram Ho cm(mew Rom) ({5.30 PXI9 : being fast . duly ow Tba Ti;ttrd Cit caiaacil tilts inin executive Setaif7ct at de orn , depose and say t "1.0 t I t~c> as 192.1M Directs, or his principal c1•rA, 01 the ~ y-rIPS AdvertlsMg l~v (1) 407. . A (h) to tg~liCiZa+F bb" riflAl~Olf. e newspaper of generai ca ation as defined in ORS 193.010 mw y arataWAto11s. Tram tit its Imi~sti" r+etaeeQraimtxt "of as d end 1ta,9.o220, published at .T.rd - in the cm at esaid county avid at to; that the ~ ity -Covmi1. Eka cos-Maeti".---- $ Matra wvlttai a BFI _ 6 Vie' a printed copy of which is hereto annexed, was putAished in the tftCVdCw of Ilse Trop - y am a entire issue of sold newspaper for, _()w successive and I.t 7 5 _ Ps "2b AWM 12.199L consecutive in the following issues ie, st 12, 1993 Subaa6*d and awan {a~eaore me this-.-12th. day_.of.11u&wt 1 CWP ZG AL f.=AL 0101100 A SUAGISS NOr►hv PUUL IC - oa=oom ui CW~r.331QN 00 014557 plot•rYOF5%ic for Oregon ur CUVU`.';04TIMSUAr+4.1y07 6Iy Conirrrseion [spires AFFIDAVIT CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed C) '3 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) begin first duly sworn, on oath, depose and say: 7 That I posted in the following i public and conspicuous places, a copy of Ordinance Number (s) 3 - Z y a which wi adopted at the Council Meeting dated S/1-1 g 3 h copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, r on the day off 19-2 3 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this --1-~- day of Notary Public for Oregon My Commission Expires: \=5-~- 9 1N1n\jo\affpost { CITY OF TIGARD ORDINANCE NO. 43- D Q, AN ORDINANCE AMENDING TITLE 11 OF THE TIGARD MUNICIPAL CODE BY ADDING CHAPTER 11.10 REGULATING THEATERS WHEREAS, enclosed viewing booths in theaters constitute a threat to the public health and safety by providing the potential for spread of fire, disease, and criminal activity; and WHEREAS, the possible construction of enclosed viewing booths in theaters constitutes an immediate threat of an urgent nature to the public health and safety; and WHEREAS, the Tigard Municipal Code does not currently regulate theaters; and WHEREAS, the Council wishes to regulate theaters for the protection of public health and safety; now, therefore, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 11.10 of the Tigard Municipal Code will read { as follows: Chapter 11.10 Theater Regulations Sections: 11.10.010 Purpose 11.10.020 Definitions 11.10.030 Regulations 11.10.010 Purpose. This section is intended to protect the public health and safety of the citizens of Tigard through the regulation of theaters by prohibiting enclosed viewing booths in order to reduce the potential for spread of fire, disease, and criminal activity. 11.10.020 Definitions. As used in this chapter, unless the context otherwise requires, the following definitions shall apply: (a) "Theater" means any establishment used for the retail presentation or viewing of motion pictures, films or videotapes of any type, but shall not include public or private schools, residences or any other establishment where the principal activity is not the retail presentation of motion pictures, films or videotapes of any type. (b) "Viewing Booth" means any booth, cubicle, room or stall r that is physically separated from other areas by a door, curtain, partition, drapery or other device or material, and is designed, (armer%j e d 5 9 Ore. C• LL)+t,2G'~(UJJ) D~ 1") intended or used to provide for vie ing of motion pictures, films or videotapes in private by one (1) person!; "Viewing booth" does not include a theater designed, intended or used to provide for viewing of motion pictures, films or videotapes by an audience seated together in a room or auditorium designed or intended for use by more than one (1) person. 11.10.030 Regulations. (a) All theaters shall be physically arranged so that the entire portion of any and all viewing booths shall be visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other device or material whatsoever. (b) All viewing booths shall be lighted.so that the persons in them are visible from the adjacent common area, but such lighting shall not be of such intensity as to prevent the viewing of motion pictures, films, or videotapes. (c) All theaters shall be required to comply with the requirements of Section 11.10.030(A) and (B) when any building permit is issued for the theater. SECTION 2: The Council finds the potential for spread of fire, disease, and criminal activity to be inherent in theaters containing enclosed viewing booths. The Council further finds the prohibitions set out in this ordinance to be urgently necessary for the protection of the health and safety of the citizens of Tigard. For these reasons, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and approval by the Council. PASSED: By UnCc /li mnoU.S vote of all Council members present fter being read by number and title only, this 1'74V day of Cu,c .c1 St , 1993. W II[[ )eatberine Wheatley, City ecorder t~ APPROVED: This -1 ~ / day of Cow-uotx"I--~ , 993. Aerald. Edwards, Mayor Approved as to form: 1 / C Attorney V ~l -7 f Y- Date CCit.t.4lC.r car I'c''s~J~-Z August 17, 1993 {C t To: Mayor & Council From: Judy Fessler After the Council meeting last Tuesday night, Rankin (Hart's AttjEng) indicated he would do everything within the law to proceed with Mrs. Hart's project. and that they would wait a per agreement with city not to level dirt piles until the Engr Report on floodplain was completed by Engr. hired by Mrs. Hart. On Saturday, the 14th, I received a call from Rristie Herr indicating that all the dirt that had been placed in piles was being leveled and contoured on Mrs Hart's property. Both sides of protective barrier that Mrs Hart had put in place. Ed Murphy had not received any Engr. analysis on Friday when I talked to Ed on Monday. I also made a site visit on Herr's property on Sunday. I continue to feel that Mrs dart is in the drivers's seat and in my opinion keeps changing what she says she will or will not do. We (City) are spending all of our time reacting instead of being proactive. Letting Mrs Hart hire her own consultant may have sounded like a good bargain for the city , but we have to realize her interests are her interests and may not be the interest of our citizens we work for and represent which includes the open space & park area the city owns and maintains on the other side of Hart Lake. I am proposing that the Council direct staff to bring in an outside Engineering consultant to mitigate All 100 year flood plain boundary around the Hart Lake- Hieton Creek except for the Hart's Landing S.D. this way we will all know if Mrs Hart has or hasn't filled the 100 year floodplain area. I am not an Engineer but if one side is filled in the floodplain the potential water has to go somewhere and go to the Englewood side, possibly jeopardizing their setbacks based on the floodplain. If we are incorrect in our analysis, the healing will begin for the Englewood area, etc, and If we are correct Mrs Hart will have to except the fact that she will have to respect our (openspace, park) and welfare of Englewood and down stream properties. I have also asked that Floyd Peoples follow through with his request for Mrs Hart to propose how she will remove the debris and Logs via our City property. and that damage of Bikeways, soils due to equipment be repaired and paid for by Mrs Hart and to hold the City harmless. You probably recall that Mrs Hart was able to gain across from the house side and cross the lake bed to clear with a bulldozer the debris in question. Sincerely Judy i r f 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Patrick J. Reilly, City Administrator DATE: August 9, 1993 SUBJECT: August 17, 1993, Workshop Meeting with the Planning Commission Attached is a Discussion Paper for the August 17 Council Meeting regarding trees. This material is also being forwarded to the Planning Commission for their information. prc0809.93 t DISCUSSION PAPER: TREE PROTECTION This paper provides background information for your discussion about how and when to protect trees in Tigard and recommends that we clarify and expand our tree preservation strategies on undeveloped and developing property and in significant natural areas while maintaining as much freedom from regulation for the homeowner as possible. Recently the removal of a tree from a 14 acre residential parcel sparked concern about the fact that no permit was necessary because of the lack of a clear definition of 'developed.' As Tigard grows, concerns for greenspaces, natural areas and trees increase. Yet that must be balanced with the rights of the individual property owner. Staff believes that for the most part the tree ordinance coupled with the plan development review process works well to regulate tree removal on property zoned commercial, industrial and multi-family residential; it does not work as well on single family property. An examination of neighboring community codes indicates Tiigard's ordinance is similar although other communities seem to give more protection to significant trees or trees in natural areas. RECOMMENDATIONS • Require a tree removal permit for a parcel of greater than one acre with a house on it, but exempt the area within 200 feet of the house. • Allow resident homeowners on parcels of greater than one acre to cut a small number of trees on their property for personal use with a permit. • Require a tree removal permit in significant natural areas and sensitive lands. • Determine significant natural forest areas and develop criteria to protect them. • Strengthen language for criteria on tree removal during development to prevent unnecessary removal of trees. • Consider conducting a significant tree inventory in the future when, and if, resources become available. GOALS, POLICIES AND VALUES Following is a compilation of goals and polices taken from our comprehensive plan and code and values gleaned from the Tigard Talks community survey and inferred from City Council and Planning Commission discussions. Comprehensive Plan Policy The City shall require that development proposals in designated timbered or treed areas be reviewed through the planned development process to minimize the number of trees removed. Comprehensive Plan Implementation Strategy When there exists large or unique stands of trees ...within the planning area on undeveloped land the City shall insure, through the planned development process and the tree cutting section of the community development code, that development proposals do not substantially alter the character of the vegetation area. Pagel Tree Removal Ordinance Purpose Statement The City of Tigard now benefits from a large number of trees, both natural growth and those which have been planted throughout the years by Tiigard's residents. These varied wooded trees add to the aesthetic beauty of the community, help clean the air and provide noise barriers. The purpose of this chapter is to prohibit the unnecessary removal of trees both on developed commercial and industrial land lots in the city, and to limit the unnecessary removal of trees at the time of development. At the time of development, the City recognizes that it may be necessary to remove certain trees in order to accommodate structures, streets, utilities and other needed or required improvements within the development. Tigard Talks: 'Summary Report' The summary report rioted `the feeling that growth is destroying the beauty of the area was a common response'. Responses included, 'Not enough priority is being given to preserving the natural setting in Tigard* "More trees should be planted' 'Clear cutting has happened without a permit'. On the other hand, one response to what is the biggest threat to quality of life was, 'Too much government legislation'. Informal Values And Policies Inferred From City Council And Planning Commission Meetings • Importance of property rights and minimizing government regulation for the homeowner. 0 Keeping assessed value of property within the City high. • Attracting and keeping quality development and businesses. • Maintaining high quality of life for residents. • Maintaining public safety. JUST HOW IMPORTANT ARE TREES? As our tree removal ordinance states, trees act as noise barriers, help clean the air and add to the aesthetic beauty of the city. And on these hot days who doesn't look for that parking space shaded by a tree. Our remaining forests provide habitat for animals and plants and educational sites for learning about nature. But trees also maintain high property values. A recent edition of BUILDER MAGAZINE noted a treed residential lot usually goes for an additional $5,000. Treed office sites attract a higher oremium as well as the potential for high quality businesses. Look at Kruse Way. Page2 IBM Tigard is fortunate to have many beautiful trees and wooded areas but its forest land is diminishing. As Tigard continues to develop, it will lose more trees and more of its remaining wooded areas. There are good reasons to remove trees including the personal preferences of homeowners and appropriate development. Yet, this must be balanced with quality of life for the entire community now, and in the future. COMPARISON OF OTHER TREE REMOVAL ORDINANCES A review of surrounding communities reveals that all have tree preservation ordinances. As the attached chart, 'How, When, And Where Trees are Removed' shows, many of these are comparable to Tigard's preservation ordinance. All allow the removal of diseased trees or trees that pose a safety hazard. They also allow removal to facilitate passive or active solar heating, as does Tigard's draft 1992 ordinance, and to accommodate the placement of a structure and associated uses. The ordinances of all the communities surveyed require tree removal permits or approvals in conjunction with the development of property. Examples of these are the Beaverton code which allows the removal of significant/historic trees if their protection would result in a density reduction of more than 15% or an increase of cost of 15% and the Forest Grove code which allows a 50% reduction in setback requirements to retain significant/historic trees. Differences with Tigard's existing code are also found. As indicated in Table 1, Tigard appears to be the only community that does not regulate tree removal on partially developed residential land, or land that could be divided into two or more parcels. Washington County and two communities, Beaverton and Tualatin do, however, allow the removal of a small number of trees each year for personal use without a permit. Beaverton, Lake Oswego and Forest Grove protect trees located in identified natural resource areas. Tiigard's code contains no such protection for trees in these areas. They also protect significant or historic trees identified in comprehensive city-wide inventories. Tigard's ordinance, on the other hand, does not list significant or historic trees as a protected category. Tigard has not conducted an inventory that would allow the establishment of provisions aimed at the protection of particular trees or groves. WHEN DO WE REQUIRE A TREE PERMIT? In Tigard we currently require a tree removal permit in almost all instances except for developed residential property. Developed residential property is presently undefined. Staff interprets it as any size property zoned residential with a dwelling on it. This lack of clarity is a weakness in our tree protection strategy because large parts of such a parcel could be developed in the future, or could include significant natural areas or sensitive lands. Today, there is no code provision to regulate tree removal under these circumstances. This shortcoming should be remedied. A new definition could be based on the ability of a parcel to be divided, its size or the amount of existing development as a percentage of the size of the parcel, called a floor area ratio. (See attached memo on 'Additional Definitions for Developed Residential) Parcel size is easier to administer than floor area ratio and more equitable than potential division because it affects parcels in all zones equally. Staff recommends the definition of developed residential property be defined as any parcel, one Page3 acre or less, with at least one dwelling unit. For undeveloped residential parcels, a permit would not be necessary within 200 feet of the dwelling unit. With a permit, the resident owner of property defined as undeveloped would be permitted to cut a small number of trees each year at his own discretion. We recommend a one acre parcel size limit because it is the } largest parcel of residential land allowed for new single family development within the urban ti growth boundary. Further, we recommend a permit be required for all significant natural areas and sensitive lands, as defined by the comprehensive plan and the community development code. This would afford protection to trees in natural areas or wetlands on developed land not presently covered. While this does create new regulation for the homeowner on a large lot, it offers flexibility in that the owner may cut trees on the acre around his house without getting a permit in much the same way as the owner of a smaller parcel may do. Further, it allows the owner discretion in cutting few trees anywhere on his property as long as they are not in a significant natural or sensitive land area. y HOW DO WE REGULATE TREE REMOVAL? Presently, we allow tree removal if the tree is diseased, imposes a safety threat, or if it is necessary for development, and there is not a need to retain the tree or if there is a mitigation program in place. These criteria are generally good, and for the most part, conform with other communities' requirements. Which trees can be removed during development is determined in large part, through the planned development process. Since we are relying less and less on this process, we recommend that we strengthen the language regarding development to insure that trees are not removed unnecessarily. Forest Grove allows flexibility in setback and other zoning requirements in exchange for significant/historic tree preservation. Tigard might explore this option, especially for any forest areas designated significant. NATURAL AREAS: FORESTS The comprehensive plan identifies the northeast slope of Bull Mountain and the summit of Little Bull Mountain as special forest areas. Other areas have been identified as natural forest areas as well. During this fiscal year we hope to assess these forest areas to determine their value to the City and their need for protection. Staff recommends that when these areas are identified, they should be protected as much as possible from development through specific criteria relating to their preservation. SIGNIFICANT/HISTORIC TREES Of the five jurisdictions compared, three protect significant or historic trees. Beaverton, Lake Oswego, and Forest Grove have conducted inventories. Our comprehensive plan requires protection for large or unique stands of trees. While staff believes identifying and protecting significant trees has merit, we believe it is a costly process both in terms of money and time and that with implementation of the recommendations mentioned above, we will have a high level of protection for trees. We believe we should consider inventorying trees in the future if and when resources become available. Pt/trewpt.ci August 6, 1993 Page4 Table 1 DEFINITION OF DEVELOPEDAMEVELOPED PROPERTY Beaverton Undeveloped: any unimproved or partially improved parcel of 1 acre or more Lake Oswego... Developed: located in a residential zone, occupied by a single family dwelling, used as such, cannot be divided into three or more lots Tualatin Ordinance does not distinguish between developed and undeveloped property Forest Grove Undeveloped: land subject to development review, meaning any developable land ward Existing Ordinance: no definition of undeveloped Dram Ordinance (1992): lots without an established existing use or which may be further partitioned Washington County Ordinance does not specify 4 or W 2, yr Unbalanced a La&k+g Full Crown x x x x x x Safety Huard x x x x x x x x x x Diseased or Weakened x x x (food Arboriculture Practice, Thrnnkv x Access to SRe or Structure ~i x Essential Grade Change m i yt x x x x x PudC Utility Easement Z i x x x x x x x x Accommodate Structure Of z Driveway Compliance with Other OrdinancesmCodee x x x x x Soler Access U x x x x x x x ReptacemeM or MRpatwrVTme m Imorovemer» Program ~ S:a:e w Fea*rai Appravai x Lose 5115% of •9owed units, V/ 5/16% Mitres" Irt utd:ry tnstasa!ton costs D x Nvtsar+csrDamag• to Property Of Improvements x Loss of Silrecance +K Wooded Areas Abng Property •Od Lr~es Ae•.av+ed m V x Wooded Areas Along D arnsgewsy I Weser Area Ratak ed I x x x( x Area S De-erry Adepvat• to I Prevs-t Vre C-,V* i I '•ees Pra,wd to G•e■rast Eeom i 4 1 r I r x { No F•os<-, Soo StatY:7y, Wale, t j Flaw, V/:ndb,ss*a I SDR Procaes I r r ~c fr Lrnred Person' Use r r x No Adverse Irked On CPatactY. A*VKW+cy. Prop Valves, w Use i ~ i I NAM= am 0 ~ a F Unbalanced 6 Latirvq Full Crown x x x x x x Set" Hazard x x x x x x Dreeasad Of Weakened X x x Good Arborkulluts Practice. Thinning x Access to Sae or Structure ~i x Etaenbal Grade Charge x x x PuN c tharty Easement x x x Accommodate Structure or Driveway v x ComphanCO wrth Other Ord,nsncesCodes x x Solar Access m flepYaument or Mrtpatron Tne 0 m Improvement Program State or Federal Approval m x Lots S l 5% Of .sowed units, 5/15% wwr rosse Yn ut.tlty MatAaahOn COSte x x s x Nuaa,xe•'Damsge to Property or rn I-worements x r L Ott of S gn:lr_ance WOM#d Areas A" property Lava Retained Woodod Areas Along Dra+nageway Weer Area Rela,ed x x Ana A Denary Adenuste to breve^! WM`hraw Trees Aeta"O'f 10 Greatest Exis,.t r' No E.os.on, Sat Stebisy. Wale. f iow W:nRtb•ee►a SGR Process L r^.•e4 Peed flee No Advwse If-vert on G-'+s•arte• Aeatf~s•ri, prop V.-. a kite T 0111110 Y. C U MEMORANDUM CITY OF TIGARD, OREGON TO: Carol Landsman FROM: Ron Pomeroy DATE:July 12, 1993 SUBJECT: Additional definitions for "Developed Residential" The Community Development Code does not currently provide a definition for the term "Developed Residential Land". Below are three definitions which provide a range of parameters. 1) Developed residential land is that land which includes a habitable structure and is not large enough to be further partitioned or subdivided. 2) Developed residential land is that land which is within 100 feet of the perimeter of a habitable structure. 3) Developed residential land is that land which is one acre in size or less and includes at least one habitable structure. 4) Developed residential land is that land which possesses a ' Floor Area Ratio (FAR) of 1:5 or greater. (i.e. A 7,500 square foot lot which contains a residence which is at least 1,500 square feet in size; a 15,000 square foot lot which contains a residence which is at least 3,000 square feet in size; etc...) 5) Developed residential land is that land which possesses a Floor Area Ratio (FAR) of 1:10 or greater. (i.e. A 15,000 square foot lot which contains a residence which is at least 1,500 square feet in size; a 30,000 square foot lot which contains a residence which is at least 3,000 square feet in size; etc...) I contend that definition number one best meets the intent of the purpose statement of Community Development Code Section 18.150 which states: The purpose of this chapter is to prohibit the unnecessary removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities and other needed or required improvements within the development. The more liberal the definition of Developed Residential Land, the more "at risk" the remaining trees are which are located on Tigard's remaining developable residential land. e i H~~d it-EASE Hoed AvA a ,olt,rrKU+a~ t ~bv PLEASE cof 00 4_~ Now- ~ r~ P©s c~ i ►'1 D R A F T- Chapter 18.150 TREE REMOVAL Sections: 18.150.010 Purpose 18.150.020 Permit Required/Applicability 18.150.030 Criteria for Issuance of Permits 18.150.$3SM Expiration of Approval - Extension of Time - Revocation 18.150.050 A lication Submission Requirements 18.150.010 Purpose A. The Cit of foughout ard now benefits from large numbers of trees, oth natural growth and those which have been plante the years by Tigard's residents. These varied weeded trees add to the aesthetic beauty of the community, help clean the air, and provide noise barriers. B. The purpose of this chapter is to prohibit the unneeessary removal of trees on both developed commercial and industrial land lots in the City, and to limit the unnecessary remova of trees at the time of development. At the time of development the City recognises that it may be necessary to remove certain trees in order to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 89-06; Ord. 83-52) 18.150.020 Permit Required/Applicability Nam YrY 0~5T3.f`°""° *'chc3...... S2".iG4PS'r - -x: yk K~:~K~;~x2`-0f~~`:~a/'..: kY:fr.'£r.{r.a. }3:.h -'Y •=S. . • " - :£:~:zL?•;.r<::wz".."~<ii::•:.~::~~~`v~i<`~ig335~:v:~ i....c,`: ~;u~:E3S:. • H - - - - - rsra'.."..n.. s: ~%~o%xwba:~ OoadSwai:CCO:i:eLNa:."iizua"ou'r.>i::c:F' Page 1 - D R A F T - ? ~oai6o~S, - s - 1° °A 9 ''fi00 r% ° u 1 ~ F ~n ro: mcoca max? w •c -Q ynyno, .,..~...nx .n. This provision shall apply to all undeveloped land,: developed commercial and i.ndustrLil wAN}:OSt JN• A Pr. ^NOA>?~::?x::?r°?rr..?.: Ar: ~.H underdeveloped land rit 7 t . •xaar an>rwirir>,... B. This previslen emeludef3t I. Developed r-eBidentlal preperyy, an Weedilands-Asseelat eia-and eertified as--a-West GeaBt- Tree Farts--hy- the Industrial merest and-used -€er eemmerelal leg harvesting e trees. C. No person shall? e a trees-~ upon t c h k. kiEi>,ar k.>.~>Y:A'c...ci ~J/A::/:h vc...:.~.>°.o-aw.a.w.,:ai.:~.wA. w1AaW.Ncw<v~;ctS....:ti,.....SR£ozR•`.a::cao:>: .....a?.o-?:.tY .:ut:ka:?:wSCi;, rocnw~vACUO::x...>.. Page 2 - D R A F T - 'a s nay D. Fer the purpose ef this wemeval shall -n&t- llnef3 y or with visual elearanee areas -as laeo z t Mod- WIN .pny~ .yry e~ y2 A452~7.^OUy.SP"~~ SM>.. ~ p- 'fir': ~;f'~ '?$5i: ~~:2~?~`C42~- ~"a "ks _ --S;:A •a»~~'~.,. Y2S~ -2: .ti-4~):~S~~da~aowci.~w::c:xrta,.w:ac:,«w:.~x.~.~.raa a' .v' Ll- •e,»,:..,,;~^-a. Wit. :r^cf a<««. ?.a s,.. •x:4 . i'O "r r? .r`',',,.~:,••:~'~~„t~yy'yaMM'~~;;~E.. WiC.;Y~Kk'~yk.'. f:~~.~A O.:.?tx., KR~~' ,i`:tv' "kY. ~.'w!'t,}`,:;..s;.v!ty"yt":n`3`{[wi,,r~..T~'F!`r3•,>~aT+yr•:fi4~'2;F }S{F:, -'e~T,2.':. :^;x~ . <?''^2~' •'~`s's<~~'y~~ Yti.~r~~ „~.,{5,){ .c~t '~xr~y<'„ m"3Ai Y t"2`<'!;f•`•>,.yy`:M } S SU5' ~S,'. ~z `^'S,~?L3%'~,a.>sti.«iniifwi4«'«iaiS>;fGtiii: )ici6:5i::fi>Y,fSiYSAY+.: .c 5a a 2,{s" ~ s S mom x Y{:ni{• 'xac«:«wi<r.>:{A..x.~L...t~ vww«t5 ( Page 3 - D R A F T - ( e~ta~l~--be ~egt~~ed-fe~~--t~eeQ-=~~€~c~ i-aehes eL-mere-Ir-d a ete y-€o~-€ee the (Ord. 89-06;-Ord. 84-29; Ord. 83-52) 18.150.030 Criteria for Issuance of Permits m The R satlefledo I. she trees-are diseased and-there le dangew-t-he trees j • A.L. ^ a. • 1 L. serviees, - i ° safety, interfere .~e t-ra€fl- safety; I 3-11114ere is a---selty to remove eeL-taia trees ender te-eenstnaet picepose • etne*qa Be -utiliee-tom 0 3. ae~d-te-retain -the-tree (s) dues= ( - physleQiiydet efrtare€€eet €rem the tree--re3eaeva-1 -osier-, --e4 1--retention, stability of earth f! e;F 4--=herel-net-a need te-retain t# other nearby trees as dtre rzB l - tdl -E as -a desiratie b ,....a,. d ..a ; S. The appileantlo propesalo, 44 a", to plafkt new trees or vegetatlen aB a substitute far the tree(s) to be eut. S• A. ~1111 U-1-110-1 a. ..:::tatF4?R:.SiGRat;~£.A:aF:a::':G'iRf::iw~.;3R::1.' .,.,.:,6:o£~K9:tufoft0ic. ' alaJRfw::IX6t:;:CR~fG:.A'~L(G.4C£ ( Page 4 a-- mmirmumaw Now" D R A F T- e~ wfWwwpy~~yt. ; '.'dffB.4GS ~ 1. l.~ « Al. - 18 150 83-SM-4 Expiration of Approval - Extension of Time - Revocation A. gxazogsr...~a~a:-:a:av.:"rf....,~. ;Y~ w~a::•'e~rukx?a*•~:.,*h:~.~w,,. ..,H„~:y~.y^~'ky.. x Zy . . z~« B. ri up te ene year upon finding that s 1 All of tne--eenditiens of approval have been tlef ed 2. There has been ne-eha-nge in-the `ea`len appreved by the Direeter; rGempre was based-, 4. he-applieable appreval eriterla-in-18 . , 50 . 030 are satisfied-, S. The-apps-leant eertifles-that #eishe is- ee ng in the futures ..v. ~::%S`SfF'"oov:ar..'Sf,~~./!sn=!^ynMmr:?ie' Y;.+::.V:a;^:A %h'~,w.x'nAy::e,?eof:1F'?:r <e `Q':.axa :.:7Ms'~'h :::Y?>Y:?:A" f' k: Page 5 D R A F T - CC. The Director ma revoke a Tree Removal Permit UP1:91nal pemit. D. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310.A. (Ord. 90-41) e , t.. n-,aperefeneles t w.-the : s."~~O TV !'O A. T the everef-emergeney eenaa-s: lens ea g ~.{••~aea~e eutting or remevaref t-~e --ma=r er to en-ble 18 150 050 Application Submission Reciuirements All A. applications s a l IFM~Meon s prove e othe Director and shall be accopanied by 1. Two copies of the necessary data or narrative; and 2. The required fee. B. The necessary data or narrative shall include: 1. The specific location of the property by address and assessor map number and tax lot; 2. The number, size, species, and location of the trees to be cut; 3. The time and method of cutting or removal and the reason for the tree removal; 4. Information concerning any proposed landscaping or planting of new trees to replace the cut trees; and 5. A narrative as to how the criteria in Subsection 18.150.030.A, NEON". , are satisfied. Page 6 MMM. M own . i D R A F T - C. i I 1 The Director may waive any of the requirements in Subsection B above or request additional information in accordance with Section 18.32.080. (Ord. 89-06; Ord. 83- 52) 5 y, C• $ 9 } ~t E 11 1 ::1 i I I /r S { 1 i 7 i 1 I A F Page 7 4 C~,ur1G.~ rrl~~. OPEN SPACES, SCENIC AND HISTORIC 511 AREAS, AND NATURAL. RESOURCES GOAL To ce>rtservo open slsace and protaol natu- WMemeas Areas are areas where the earth 4. Fish and wildlife areas and habitata should rel and seento meources, wad lu community *(fife am untrammeled be protected and managed in accordance sa[on's I ama shall be provided that will vwh don where not man himself lanwam of fiswith the h and dliffe managemen plans. (1) unsure open space, undeveloped land retaining its primeval (2) protect sonic and historic areas and natty character and influence, without rma. S. Strum flow and water levels should be cal h a for fuMra and generations, and nent improvement or human habitation, Promote ote healthy and visually attractive protected and managed at a level adequate environments in harmony with the natty which is protected and managed so as to for fish, wildlife, pailution abatement, rea ral landscape character. The location, preserve its natural conditions and which reation, usthetiw wad agriculture. Quality and quantity of the following, (1) generally appewrs to have been affected resources shall be inventoried: primarily by the forces of nature, with the 6. Significant natural areas that are histor- limprint of man's work substantially ically, ecologically or scientifically unique, A. Land corded or desirable for open unnoticeabla; (2) has outstanding oppor- outstanding or important, including those sty; tunitles for solitude or a primitive and identified by the State Natural Area Pro- b. Miners! and st;;regate sources; unconfined type of recreation; (3) may also serves Advisory Committee, should be dd Energy Fish and and wildlife souasea; areas and habitats, contain ecological, tseologkal. or other tea- inventoried and avduated. Plans should ; tutu or scientific, oducatlonal, sank, or provide for the pmservation of natural a Ecologically and aciendf salty aignifl- historic value cress consistent with an inventory of adan- cant natural areas, including desert MIA educational, cco(ogItaL and roses. areas; C Outstanding scenic views and dies; GUIDELINES clonal needs for sfgalfiant natural areas. g Wst« great, wetkndt, watersheds and A. PLANNING groundwater reaouircu. 1. The need for open space in the planning 7. Local, regional and state governments I. Ws areas; area should be determined, and standards should be encouraged to investigate end I. Historic ws Historic areas, sJteg, structures and developed for the amount, distribution, utilize fee acquisition, easements, cluster Objects; am type of open apace. developments, preferential assessment, L Potential and approved Oregon recree- 2 ~y{,C7(, should be development rights acquisition and dmilar ststt techniques to implement this goal. with tlon trails; to iteria s ne what race aped am utinzsd L Potential gad approved federal wild and open $pec valuero and to evaluate the effba scenic ri and stela lognic water. of convertinngg open spiaoe lands to incoasia- S. State and federal agencies should develop •ari tent uses. Tba maintenance and develop. statewide natural resource, open space, sea What no conflicting uses for such resources meet of Open space in urban area should Me and historic ante plans and provide have been Identified, Pxb resources ghat! be encouraged, technical assistance to local and regional manas3d so as to poem v their original char- 3. Natural resources gad required sit" agencies. State and federal plans should be actor. Where conflicting uses have been wntisit" for the reviewed and coordinated with local and Veamdon of eMV (La. Rod the emnomie, soda!, environmental and coalhydro, geothermal, nauraalum. NOW regional plans energy consequences of the conflicting uses and others) should be conserved and pro. shall be determined and programs developed tatted: reservoir sites should be identified 9. Areas identiRed as having non w ~....er..w .trove IDOW 8"L minaret and aygmpte resources should be planned for Interim. transitional and "sea Celtuirel Area » tefers to an ales diaroctertsed 4. Plana pmvk leg ibr open specs, emalo and end use" utilization as well as (or the pri. by evidence of an ahnk, religious or social historic woes and natural rt oottroee should mary use. group with distinctive traits, beliefs and consider as a major determizient the carry- social fcrtssa inl; capacity of the air. resources of the planning land The land mswftn are leads with alter, strut. conservation and development actions pro- tutu and objects that have lout. regional. vided for by such plane should not exceed satawide or national historical sivill. the carrying capacity of such resources. cake. 3. The National Register of Historic Places Metwal Ane Includes land and water that and the recommendations of the State has substantlaily mWnod Its natural char- Advisory Committee on Historic Preserve- ecter and land end water that. althou;b tion should be utilised in designating his- altered in chars^ur, is important as toric sites. Itats for pLant. animal or marine M. for the study of its natural bittortrat, ssientift or 6. In conjunction with the inventory of min- paleontological (Caturea, or for the appre- oral and aggregate resources, eltes for dation of its natural featurm removal and proeeaainngg of such Reourees should be ideotllitd and protected. Ogren Space - consists of lands used for agricultumJ or famst uses, and any land aria that would, if pmurmd and con- 7. As a general rule. plans should prohibit tined in its pnecnt use: outdoor adver"ql signs except in com- mercial or indtrial roues. Plana should (a) Conserve and enhance natural or ace- not provide for the rocbmibaation of land nic resources; for toe purpose of accommodating an out- (b) Protect air or streams or water supply, door ad''" an. The tam "outdoor (c) Promote conservation of ails, wet- &dvcnwng sip has the meaning set forth lands, beaches or tidal marshes: in ORS 377.710(24). (d) Conserve landscaped areas, such as public or private golf oow*M that 1!<IIKRMBNTATION reduce air pollution and e:ik~!t the t. directed to Development u sec conserve planned needed value of abutting or tseighboring prop amount oto as space cnY. (e) Enhance the value to the public of 2. The conservation of both renewable and abutting cc neighboring parks, forests, non-renewable natural resources and phW wildlife preserves, nature reservations iul limitations of the land should be used or sanctuanes or other open tpece; as the basis for determining the quantityy, (1) Fn e= recreation opportunities; qquality, location, rate and type of growth in (g) Preserve historic titer; the planning area. (b) Promote orderly urban development. Seerutn Anon are lands that are valued for The elRcient consumption ofenergy should their adtbutic • be considered when utilising natural Dpearance• resources. /VD/V 8 oft CAD A i COUNCIL AGENDA ITEM 5 I CITY OF TIGARD, OREGON ` COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 17. 1993 - DATE SUBMITTED: August 17, 1993 ISSUE/AGENDA TITLE: ordinance PREVIOUS ACTION: Council discussion, October 13. 1992 in -e vie-wing rooms Vh ~Q PREPARED BY: Ed Murphy DEPT HEAD OK CITY ADMIN OK REQUESTED BY: aaaaaes~=^-^^+^a - - =-=a= ===a===a= aaaaaffiaaaaaoaaaaamoaaa ISSUE BEE THE COUNCIL Should the City Council regulate private viewing rooms in commercial establishments? _a~.~_.-s.s=....~ - __==_=co==c=aaca._=aao=sasaoasaaao=aaoaaaaaaaa i gTAFF RECOMMENDATION i It is recommended that the Council adopt the attached ordinance as an amendment to the Tigard Muncipal Code, Title 7. This ordinance would regulate viewing rooms, used for viewing motion pictures, films or videotapes in private, to be visible from a common area of the premises. it is further recommended that the Council adopt such an ordinance by emergency clause to discourage potential businesses from filing an application for a business which includes viewing booths between the current date and the normal 30 day effective date. caaaoN~. -e.oea.a--oo=o.....__~=.~=sa.~=aaaaaaaaasaaaaaa= 1 INFO ACTION SUMMARY -The City Council has discussed regulating adult entertainment businesses in the past from time to time. The Council discussed the matter at a workshop on October 12th, 1992. At that time, it was decided that the City Attorney and staff should propose ordinance amendments which would regulate private viewing booths, but without changing the development code regulations pertaining to adult entertainment businesses. Council should note that.the effect of this ordinance would be to regulate AU such viewing booths, not just those associated with adult book stores or adult video sales and rentals. The staff and City Attorney are proposing a change to Title 7 of the Tigard Municipal code, with no changes at this time to Title 18, the Community Development Code. aaaaaaaaanaaaaaa - -aaaas PROPOSED ALTERNATIVES 1. Adopt the attached ordinance, with or without the emergency clause. 2. Do not adopt the ordinance. 3. Postpone to a date certain, and call for a public hearing on the matter. aacvaa-.-aa=aanaaax - -a`-aoaa..-^oa FISCAL NOTES Not applicable. 'r r• O'DONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222-4402 FAX: (503) 243-2944 DATE: August 17, 1993 TO: Mayor Edwards & City Councilors City of Tigard FROM: Timothy V. Ramis, City Attorney's Office RE: Adult Theatre Ordinance Attached, for your consideration, is a copy of a proposed ordinance for the regulation of theatres. This ordinance would prohibit theatres from having enclosed booths for use by individuals in viewing motion pictures. I have drafted this ordinance to conform to the latest cases and judicial opinions in this field. TVR/sb Attachment mr/dgard/counci I.mm i { r S S: