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City Council Packet - 12/27/1994PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet Is available, ask to be recognized by the Mayor at the beginning of that agenda Item. !Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet (3USirte-a, da r _ p in e cn~, r WrMMmm t~ _ Assfs9ve Li tanina Devices are available fo,, persons with irrpairec' h i n-p aid Shoal be scheduled for Ccuncil meetings by noon on tae. Monday prig to the Council meeting. Please call 639-4171, E-&. 309 (voice) or 634-2772 (TDD - Telecommunications , envices fcr t,c Dea Ripon requosx. tilw Cis / will also endeavor to arrange fcr the following services: qualified sign language interpreter for persons with sp5ech or hearing irnpairmants, and ca ualified a. ili aut.al interpreter s, Sioco these services must be scheduied with cutside service providers, it is important to d/cw as much lead time as possible. Ple-:se notify the C14 of your need by 5:.00 p.m. or, the Thursday prec ding the rn otirrg date at the saute phone numbers as listed above: 639-4171, E--LL 309 (voice) or C-64-2772 , i"CC - a clecora muni tions Devices for they Daao. • ' Comp&ter Services Manager Paul DeSruyn Executive Session: The Tigard City Council may 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. - Agenda Review 1 Administrative Update: Topics may include report of water issues, upcoming events, scheduling, and current events of interest to the City.) a 1. BUSINESS MEETING (7:30 PM) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Calf 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1 ' 1.5 Call to Council and Staff for Non-Agenda Items 2. ViS57OR'S AGENDA (Two Minutes or Less, Pleaso) i S. C MSEN7 AGEIE A: Tbese itarris are c: ns dorsd to be rOtr Ine and may be ena~ed in one motion wr tl-= separate discussion. Anyone may request that an i item be removed by motion for discussion and separate ac ion. Motion to: I 3.1 Approve Coundl Minutes - November 15, 1994 3.2 Ao-hariza City Administrtor to Sign TVCA Contract for ;able Covsrao9 o Council Mieetings fir. C` ~6q~ ~ ~7~-~6 ~ p Vim' Rp~e^aya G ~e g aq pea~7~rpea sap 'EH F-51 a ¢r rc. a"~ d~ _ i 6 r_y 3^71 6 ;9 z I'8s t"~9'a 'n"°RY BFP'9' Z6., 2E PSrb'Ni~Zd~dGF-/Z0M ea-G-C33 S!T'i G- I' 006E OPT bENT REVIRF~TJ/S 9 93-0014 CCU DlTi A L USE/CUP 3-00op- 1 rasti ? i g ode ii a i °</L°: '93 13 6A T°SQi'1"S/ C W9E LCCA o 101 NI. Southeast and nmtheast quadrants of the intersection of SW Schoils Farry Road and 5104 Walr W. S`~rest. (WCTM 2S1 400, tax lots 100 and 200). A request for the following devo-iopment approval: 1) Comprehensive Plan and Zcrio Charge approval to redesignate approximately eight acres of a 12 acre parcel from ;ilodium-High Density Residential to Community Commercial on tax lot 200 and to redesignate an approximately 6.93 acre parcel from Neighborhood Corr march! to N!Ediuin-Hgl s Density Residential on tax lot 100. Zo a dhargg s COO ICIL AGENDA - DLCEMMER :27, 1` 94 - PAGE-2 i accompanying the above plan changes includes a zone change from n-12 (PD) and R-25 (PD) (Residential, 12 to 25 units/acre, Planned development) to C-C (Community Commercial) and C-N (Neighborhood Commercial) to R-25 (Residential, 25 units/acre), 2) Site Development Review approval to allow the construotlon of a 40,000 anchor tenant pad including a 40,01 square foot groc.-ary story and throe smaller tenant pads of 1,200. 2,400, and 5,950 G cares Ui adjoining the anchor tenant pad. The applicant also proposes two 4,000 square 1 foot stand alone tenant pads. 3) Minor Land Partition approval to divide the 12 acre parcel Into two parcels of approximately eight acres and four acres each. j APPLICABLE APPROVAL CRITERIA: Statewide Planning Coals 1, 2, f, 0, 10, 11, 13 and 14; Comprehensive Plan Policies 1.1.1, 1.1.2, 4.1.1, 4.2.1, 8.1.1, 8.4.1, 8.8.1,7.1.2,7.2.1,7.4.4,7.5.2,7.8.1,8.1.1,8.1.3, 8.2.1,8.2.2,8.4.1,8.1.3,12.1.1, 12.2, 12.2.1, and 12.2.4; Community Development Code Chapters 18.22, 18.32, 18.58,18.60, ,18.81,15.88,18.100,18..102, 18.108,18.108, 18.114, 18.120, 18.130, 18.182, and 18.184. ZONE: The existing Neighborhood Commercial zone permits a range of convenience golds and services which are purchased at least weekly. Typical uses would include convenience sales and personal services, children's day care, financial, insurance and real estate services, food and beverage retail sales, etc. Neighborhood Commercial enters have a 5,000 square foot lot minimum. , The proposed Community Commercial zone permits a range of convenience j goods and services which are designed to serve the regular needs of residents of nearby residential neighborhoods. Community Commercial centers typically range ir9 size from a minimum of two acres to eight acres. In terms of square footage -those centers range fr=om 30, to 100,000 square feet. j The existing 131-25 WD) zone p=& riis a rarige of singla-family attached, io°Ua and rnediuim rise rnultipiu-famHy rosidentiai un,tz., for medium-high resitlenfia development. The R-25 zono permits residential densities up to 25 units per acre. The Planned Developrnont zoning district ovcrlay is designo-d to encourage properties to be dovelopecl as a single unit in tsrms of design, access, otc. b. Council Questions C. i.Ccsundl Consideration: Ordinance (Findings) - C►eiir)ance ~o. SA-~~ { L 5. CCW10L Ck E FMLL E EDre-21R.AL GRAIT ~ et v ~rS'~C135y) REQUES S (Sat ova. Dorn D-n-asm5asr 13, 1,914, Council 1 Staff" Report: € an Cood,paster r•v- ~ CCU3 °5~1CUM/~,; 3s?, has.. CXarmjI a r- ii$ei b d 6 r.~ ~ ("WL'DsmLUi'3 0-1 ~oualv~i CH~34--U.su9a?U •armyJ dhe 139 a Budget aommivtoe Reappoint€ Qnt - 6 ez olut3on No. 94- COUNCIL ACEHIWD - DECEMBER 27, 10 4 - PAGE 3 i • i ~ r i 7. CABLE TV FRANCHISE ORDINANCE PROPOSAE. Legal Counsel Jinn Coleman 0 Council Consideration-. Orcfffla^ No 8. UNFINISHED BUS114ESS REPOR°1 /UPDATE City Administrator Monahan CIO~"~°`~~" d{ r yJ VAL. A- NOS AGENDA ITEMS (10. 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. y AL i _a~+t i i Council Anenda Items • r CITY C° ~l ~ TIGARD MEETING MINUTES - DECEMBER 27, 199i Meeting was called to order of 6:30 p.m. by Mayor Schwartz. 1. fi g-L CAaLL Council Present: Mayor John Schw ; Councilors Wendi Conover Hawley, Paul Hunt, Bob Rohlf, and Bien Scheckla. Staff Present: Bill Monahan, City ' Administrator; Dick Bewersdorff, Senior Planner; Jiro Coleman, Legal Counsel; Paul DeBruyn, Network System Administrator; Loreen Edin, Risk Manager; and j Catherine Wheatley, City Recorder. STUDY SES5IQN i Agenda Review: Computer Systems Report: City Administrator Monahan introduced Lorean Edin and Paul DeBruyn, the nevi Neat/ fork Systorns f0anac:er. a 5.,ns. Edin, Risk Menager, managed the nee ork systern for an interim period. 1 She reviewed the history of the conipLn r usage in the City of T.-gsrd noting that in 1970%50 most work veas complated by typawr~ters or hand drawings. Presently, dmost everything is done by computers on a daily basis. Computers, during tip a period of ts:e17-1 E cap, have allowed the state to do more. She advised the nsh ork system has 180 work stations. ,s. Edin roviewed the need to update the compLger technology; the City's M system was "aging." She noted needs in he Police Department and Maintenranca Service cNL ng areas where new technology would be useful. 'When the Compuior Syster`'ss Mianager legit the City last March, a review of the sya orn vraG coua-;cko-d. It was decided that there was a need to determine how cornputers should be used and for a long-range plan of I iow to utdlizza the system in tiro future. 5 a Ms. Edin distributed the technology philosophy statement (an pile vaifh the CITY COUNCIL 112- E ING MINUTES ° lDEMMER 27, 1994 e PAGE I i I Council packet material). She noted that the City's core group members did an excellent lob of keeping the computer system going between the departure of tho former net~,ork manager and the arrival of Mr. DeBruyn . GIs. Edin introduced Mr. DeBruyn to the Council. k Mr. DeBruyn reviewed the Information Systems Network. (f=or an outline, please see the Council Packet material which Is entitled, °Cltyy of Tigard Information Systems Network," dated December 27, 1994.) It was noted ` that the updating of the system would be done in stages. Software was i reaching the end of its life and there was need for regional information f ' sharing with Metro and the County. f Mr. DeBruyn noted there was a need to get into the "windows environment" noting that DOS is a "dying bread." In response to concerns by Councilor Scheckia with regard to updating the system, Mr. DeBruyn advised that there would a :rays be a means of interfacing now and old systems. In a addition, the Internet will be of great benefit in the future, i Mr. DeBruyn advised that there may be 486 machines available that the City i could purchase on close out offerings as other companies are upgrading. Mayor Schwartz questioned the advisability of buying 488, noting that buying "last year's model" may not be the way to go (i.e., now machines are "Pentiums"). Mr. DeBruyn advised that the Pentium 60 was the rrlachine for 95/96; however, he said, the 488 models should do well also for the City. ~ R was estimated that upgrades would amount to about $200,000 on a I depeQrnent to department basis over the next two gears. It wads also «ici tyd tnm they ,~iil need to ndd a computer technician to the staff next ~ year. s~3ayca:-elea.t ~eiaeli noted that, in his business, he buys Borne neiv equipment every year. It appears to make sense to stet replacing one-third of the I equipment every year. In response to a question from Councilor Hunt, it was noted that the Tigard Water District had prirrjurily 486 rachines and newer equipment at the time the xjvader operations were phased in to the City of "1'igard. "rare was discussion or, the maintenance and replacement of equipment avery Maroc to five years. It was noted that many of the sotovare programs were "canned" arAch the Network Systems Manager advising that many of the " nnead" programs were aftered Bor the City's use. -Airing di-3nussion, it was also brought out that a contract wilh a cornpany i (AIS) was used to assist ~i~th the compVrar systern in the interims period C'ITY +;.OU14CIL FEEs:aNG INlNUTES ~ DECETMER 27, 1994, PAGE 2 l daring the interim between system managers. ter. DeBruyn, in response to s question from Councilor Hunt, noted that uguraV, _ were baron nulled together for presentation to the Council (Budget ~ . I 'I Committee). - Executive Session: The Tigard City Council event into Executk/e Session at 1 7:21 p.m. under the provisions of OFIS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation Issues. Council reconvened into regular session: 7:49 p.m. BUSINESS MEETING 1. QUNCIL LIAISON REPORTS AbID REQUESTS FOR NON-AGEN1 LEIS: City Administrator Monahan requested a non-agenda item: Agenda Item No. 9 a- concerning the purchase of four 1995 police vehicles. 3. ` V1 ITOR'S AGENDA Jack Polaris, 1600i S.W. Queen Victoria, Wng City, Oregon 97224, testified ® v.Qt h rurgard io a proposed shopping center adjacent to Highway 99 and across frorn 1~0rg City. Mr. Polaris advised that he had heard the Safeway ! Headquarters are conducting another marketing analysis; they may not want to move into this area. He questioned whether the Council was awara of this. City Administrator ,Monahan advised that tho Ciry does become involved in the details %M+ h regard to which tenant will actualiy occupy a development during the pre!.iminary stages. At the present time, there is no application on file for this developrna: rt, however, there have been some predavalopment mootings for this site. :Ojayor Schwartz advised that it is the City's practice to require an app!icant to go through cartain stops b fora going through the o, pens of processing are app!icaflon. WRh regard to quewtions posed by Mr. Pops for Agenda Itern No. 5, ftlaycr Schwariz asked teat Mr. Polans ho!d comments until the t .agarjda Kern is re iAs- rad. CITY oorl1C? L 74EETTNG HIM3`. ES - DECEMBER 27, i99 PAGE 3 i Mr. Polaris referred to a regional water supply study. Mr. Polaris also asked j shout a recent law suit for 2 million filed with reference to the Dolan matter. a Mr. Polaris was advised that the City's insurance c ardar is reviewing the issue. ® Mr. Stan Wood, 162-24 S.W. 116th Avenue, Tigard, Oregon, 97224, questioned the Council with regard to their motives and representation of their constituents when they extended the time for retirement benefits to City employees recently. , Mr. Wood also inquired as to financial support received by the City Council. Mr. Wood referenced possible recall action of the Council: j Mayor Schwartz and the Council members reviewed with Mr. Wood their recent action' and explained their rationale for this action. It was noted the Council had held a lengthy' discussion about the effects of Measure 8 on the employees and the desire of the City Council to follow the direction mandated by the voters. The voters of Tigard and Washington County supported Measure 8. Mayor Schwartz noted the City of Tigard did not give a 6 percent pay increase to City employees as had other jurisdictions in the Metro area. Mayor Schwartz and Councilors reviewed, at Mr. W'ood's request, financial information. Councilors advised they had either received small donations or had paid for their own campaigns with their oven money. Mayor Schwartz advised he was a retired government employes under the PE!RS systSn Council advised 9vir. Wood that .hsir deds-ion v&1 ~ regard t, this ;Ti tt6r N1da..~ recorded on audio tape. This tads %vas avciilablo at kh , Ubrary. QQji!ZSE~T AGENDA: There were questions on Con- semt Agenda Item 3.2w th regsrd to the T'CA Contract for cable coverage of Council rri -atings. City A.dnninistravtor Monah-in explained tvvo meatings a r^no ith are now schedule: d for cable coverage. Mayor-elect Nico,i meted that he had suggested that a buift-in camera system be looked into. C"it, Administrator acknowledged that staff would be reviewing costs. Motion by Councilor bunt, s-econd ;d by Councilor Hmvisy, to approve the Consent Agenda: t D CIT._ C iFNCIL 1,ZGETING T•iINU ES ° DECEMBER 27, 1994 a PAGE. 4 -77777, 77777-7777~~1777 l 3.1 Approve Council Minutes November 15, 1994 3.2 Authorize City Administrator to Sign TVCA Contract for Cade Coverage of - Council Meetings i The motion was approved by a unanimous vote of Council present. (Mayor 3 Schwartz and Councilors Hawley, Hunt, Rchlf and Scheckla voted "yea.") i_ r 4. c AMENOMENT/CPA 9.3-0009 N CQNDITI AL USEXUP 8.a- 02 R lP LC P RE1lI / L-ODJ4 MINOR LAND P6 RTI'C9C~l /MLP 93-Q013 AL6f9RJ6D_N'S 0UND I:3E LQCAMON: Southeast and northeast quadrants of the intersection of SW Sdholls Ferry Road and SW Walnut Street. (WCTM 2S1 4813, tax lots 100 and 200). A request for the following development approvals: 1) Comprehensive Plan and k { Lone Change approval to redesignate approximately eight acres of a 12 acre parcel from Medium-High Density Residential to Community Commercial on tax lot 200 and to redesignate an approArnately 8.93 acre parcel from Neighborhood Commercial to Medium-High Density Residential on tax lot 100. Zone changes accompanying the above plan changes includes a zone change from R-12 (PD) and R-25 (PD) (Residential, 12 to 25 units/acre, Planned Development) to C-C (Community Commercial) and C-N (Neighborhood Commercial) to R-25 { (Residential, 25 units/acre); 2) Site Development Review approval to allow the f. construction of a 40,000 anchor tenant pad including a 40,000 square foot grocery store and three smaller tenant pads of 1,200, 2,400, and , 5,950 square feet ` adjoining the anchor tenant pad, The applicant also proposes two 4,000 square c - foot stance alone tenant pads. 3) Minor Land Partition approval to divide the 12 acre parcel into Wo parcels of approximately sight acres and four acres each. APPLICABLE APPROVAL CRITERIA. Statewide Planning Goals 1, 2, 6, 9, 10, 11, i 13 and 14; Comprehensive Plan Policies 1.1.1, 1.1.2, 4.1.1, 4.2.1, 5.1.1, 6.4.1, 5.5.1, 7.1.2, 7.2.1, 7.4.4, 7.5;2, 7.6.1, 8.1.1, 8.1.3, 8.2.1, 8.2.2, 8.4.1, 9-1.3,12.1.1, i 12.2, 12.2.1, and 12.2.4; Co o nmunity Development Cade Chapters 18.22, 18.32, i 18.53, 13.S0, 18.51, 18.98. 1+3.1430, 18.102,18.106,18.108,18.114,18-120,18.131), 1 18.162, and 13.164. ZONE: The existing Neighborhood Commercial ions permits a range of convenience goods and services which are purchased at least weekly. Typiwl uses viould include convenience sales and personal senrces, children's clay care, financial, insurance and real estata set-Vices, food and beverage retail wales' etc. Neighborhood Commercial canters have a 5,000 square foot lot rninimum. Tha propcascd Community Ccimmorcial zone ,arm its a rango of corevcnienca gtJCyna sarvi%%s whiCei"§ uno desigriad IO serve the regular nez-ds Of residents of nearby res:dantiai neighborhoods. Community Commercial centers typica iiy ronpa in size fro r a alinimurn 6 two acres tc sight acres. In towns ref square foo't'age thasa czrrolsrs range from ::0,000 to 100,000 square fleet. 1 ~q f 3 CITY COUNCIL "aMETING MINUTES a DEC? BER 27, 1994 PAGE 5 h i t 777- _77 7 7777. i r The existing R-25 (PD) zone permits a range of single-family attached, low and medium rise multiple-family residential uni's, for medium-high residential development. `Tha R-25 zone permits residential densities up to 25 units per acre. S The Planned Development zoning district overlay Is designed to encourage - properties to be developed as a single unit in terms of design, access, etc. 8. Senior Planner Eewersderif review the staff report. During the December 13, 1994 public hearing, the Council approved the Albertson's ; application subject to additional conditions of approval which were brought back for review by the Council in order to address issues raised during the hearing. Seven additional conditions of approval have been added to address these concerns. (For a summary of these conditions of approval, i ' see the Staff Report on file with the Council packet material.) Staff recommended approval of the Final Order with the revised conditions ~ a b. Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt Ordinance No. 54-27. ORDINANCE NO. 54-27 - AN ORDINANCE ADOPTING FINDINGS AND ! CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAIT MAP i j AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY t LBERTSON'S INCORPORATED (CPA 93-Ogle AND ZON 93-0003) The motion was approved by a majority vote o Council presont. (Mayor Schwartz and Coun6lors Havvi iy, ? luant, and Rohif voted "yes"; Councilor S ch eckla voted "no.") . ~:~@31~C4~ SGl9~~lCitt/0. C~~IC}~~~~SC~: ~~JSF S~l!_I~ FEDERAL (33P f?T _ UEST'f' (Set over from Decamber 13, 1394, Council Meeting) j SEwfi Rreparti: Police Chef Ron Goodpa~s1er reviewed the Staff Report and his memorandur-i which was attached to the Staff Belson. The request was for an j app;icotion for funding for hrio police officers under the Federal C.O.P.S. grant progr arn. If authorized, the City would need to approve funding to cover the costs of two officers after the C.O.P.S. $75,00 per officer ran star, which would b~ in fit bra 17th month c f their- ernploymant. In addition to the ssllarv and benafrts, $15,000 would acre neaded to ;gay for uniforms, to cover overtime, and to provido trainirQ and rinateriais. Total coat to tho City for each, r they were hired Jul 1, 1395, 9W Rd ba $285,022 through the now, tax baso, June SO, 2001. The purpose; of the tti~.jo oneicers viould be; to have al least one o icar assigned F ins;de c `Wa hio gton Squaw e during open hours to handle calls and cornplainks CITY COUNCIL 1XETING VIINU ES DEMEMBu4R 27, 1994 - PAGE S - - 717 n T 177777-77 77 tf a F and to assist the Square security staff. These officers would also provide inlormation, answer questions, and assist the general public with Issues, concerns or questicris regarding police services to Tigard. They would also be able to f < i answer and assist the general citizenry with questions regarding the City of ngard. ' This would be consistent with the community policing program effort now underway in the City of Tigard. Chief Goodpaster described the Washington Square security and the fact that the five anchorstores do not contribute to Washington Square Securlt, ycosts. (6°hhey have their own security'.) The security at Washington Square Is there only for the purpose of protecting the Square property and not to follow up on shop lifting or abandoned auto complaints. 4 It was noted that the deadline for submitting the grant request is December 31, _ 1994. By February 1, 1955, the City would know whether or not these officers are R funded. E In response to questions from Council, Chief Goodpaster noted that these two officers could not be used supplant Square Security. Discussion followed can financing these officers and what this would mean in future years with regard to expense to the City of Tigard. After three years, the City would decide whether or - not to continue this program for extra security at Washington Square. It was noted that approximately 21 percent of the Department's time is devoted to Washington g r Square activity. -here was discuss:ran as to tivhether or not the Square could be asked to contribute to the extra Imili enforcernent costs glint are- att:ioutaUe to them. Coun :i,or RoNi noted the need to traci;, ever the next t uo or three years, the a-.Ovity and do some comparisons to dotarrnine the valus of the pros.am. I j Coundlor Hunt advised of concerns he had vAh administering the police program throughout the coming years. `ffiaro was reference to the "supplanting clause" in the grant prograrn which d esiricts the City from substituting these resources for i progivarns already funded. It was pointed' out that the City has not formally put their program in Taco; this should not bind the City at this time. Mo' on by Councilor HaM y, seconded by CouncRor Rohir, to approve the application and submit a request for funding ear Vwo police oisicers under the Federvl C.C.P.S. Grant Program. The motion vias approved by a unanimous vote of Council presemit. (Naayor - Sch.,ra and Councilors Ha~Mley, Hunt, Rohli, and Scheclsla voted. "yos,.a) j Mr. Jack Pola.ns reque-sted to comment on t?iis item. rAayor Schwartz responded k CITY C:f.M;CIL 1METING 111NUTES DECE11BER 27, 1994 ~ PAGE 7 i I - r - -711,777 7,- - .i i to questions, noting that the City has Identified where these police officers could be used. These police officers could be elsewhere In the City If they were needed. Mr. Stan Wood also commented. It was explained to Mr. 'mood that when the tam bye increase proposal was developed, the City's needs for five years were identified. The Federal Grant would enable the City to address some of the politer problems at Washington Square. The City is in need of new officers; the now tax base does not start until July 1998. If the grant is approved, the City will be able to hire officers more quickly. i_ 6. QQUNQIL DISCUSSION '/C NSIRATION: _Cf,)MMUIF.F REAPPOINTMENT GUIDELINES (Continuation of Council discussion from the December 13, 1994 meeting.) i Budget Committee Reappointment City Administrator Monahan noted that when the City Council considered the reappointment of Mr. Floyd Bergmann, there were two Councilors who were in favor of the reappointment and two who were opposod. It was suggested that the Council might want to consider this itern when there was j a full Council ;resent. It was rioted that the Cityscape has advertised a possible opening for Budget Committee. 3 Councilor Hunt advised that his recollection on direction with regard to proczeding with the reappointment was different. He thought the Budget Crornr ni?tee appointment was not going to be brought up until after it was determined whether there; were persons Interested in filling this poskion. After brio' discussion, id:?gas determined that the Council would makle a d,edslon ance it was 'Known . hzthar there were peop"a interested in serving art the S digst Co; rimittse. Council consensus was to deiay this item for ccnsideratlon; it vias rescl oduled for the Cound! Agenda of January 24, 1995. a^ . ;e 9_ ~9 [ 1 6 OF~INANC~ PROPOSAL Legal Counsel Jim Coleman reviewed the Staff Report nosing the proposal was similar to vigrea ments between Washington Counttr and Beaverton. In ' espopse to questions from Council, it was noted that 6'tiz~ns would be ahla to racabjera co erago o; Council meetings on TCI. t Legal Coun2e; recorramended that the City Council approve the ordinance t to update the mda and dlrecY sinaE to anTer into nogotiations vi. 4h TCI GaVera on of Oregon, inc., for a fra nc is> to serve newly annexed areas of 4 igard. I s CI COUNCIL ~ ~ 3C~ MINUTES ~ DEC.-EMBER 27, 1994 RAGE 8 c , J a 1 • Motion by Councilor Scheckla, seconded by Councilor Hunt, to adapt 1 Ordinance No. 94-29. ORDINANCE NO. 94-29 - AN ORDINANCE FOR THE CITY OF TIGARD, OREGON, REPEALING CHAPTER 5.12 OF THE MUNICIPAL CODE AND . ; ADDING A N CHATTER TO PROVIDE FOR THE ESTABLISHMENT IN GRANTING OF FRANCHISES FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF CABLE COMMUNICATION SYSTEMS. The motion was approved by o unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.") J 8. UNFINISHED BUSINESS REPORT/UPDATE • City Administrator Monahan reviewed his unfinished business status report with the City Council There was brief discussion on several items with it being noted that the Council's training/goal se tang date would 'be Februeay 4, 1995. 9. NON-AGENDA ITEMS i Council considered an item which would allow employees to pay their ' Contributions to their retirement with pre-tax dollars. Stiff advised that this 6mukd represent no cost to the Chef. Moiton by Councilor HavilayF, seconded by Coundlor Rohli, to adopt Resciution No. S04-60. RESOLUTION NO. C4-60 - A RESOLUTION OF T8E Off"t OF T I(>,,RD OREGON, MAKING E.NJIPLO`s'EE RETIRE01,1ENT COw.91BUTIONS NO SiJ2JECT TO, STATE AND FEDERAL WTHl°iO1_DING. Tho root=on tmrus approved by a unanimous vote; of Council present. (Mayor Scht ara and Ccuncilcrs Hagalev, Hunt, Rohif and Scheckla voted "yes.") • Police ve; ;iolos - Chief of Police Rocs Goodpaster described for Council the roason %ehy staff was recomm,anding the purchase of four polica vehicles. He nati3d that the total bias cost of the four vehicfos areas $78,&33.,1z9 villich was $10,512.49 over the budgeted dollar arnount. Mr. Cood'paster advised t fat the City could purchase a Ford package '4Ahin budget; however, going to a dF7fcrent brand of vehicle vfould cause significant problem;, ,4~4ih parts and repasr and training or mccharics. L i 4 CT'-P'--r CC ITCI , 11-M TUTe- 1411ATUT S - DEC.ZUBER 27, 1994 3' . ~ s r, Staff recommended approval of the purchase of four 1995 Chevy Caprices for full-size police vehicles. it was noted that :he dollar amount for the j purchase of these four police vehicles was available In the police budget as identified in the Staff Report. Mayor Schwartz disagreed with the rationale that the purchase of a Ford E j package would cause problems with the maintenance because of parts and training. The Mayor said he could support the request for purchase due to safety concerns with police officers driving different vehicles (reterence familiarity of vehicles which would be beneficial during a high-speed chase.) 'There was brief discussion on this proposal and the safety factors. Councilors indicated they would support the request. Motion by Councilor Hawley, seconded by Councilor Rohlf, to approve the bid award of $78,836.4 for the purchase of four 1995 Chevy Caprice full- size police vehicles. The motion was approved by a unanimous vote of Council present. (Mayor t Schwartz and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.") r • Councilor Hawley noted that she requested the Council consider a call up for review the Martin/Tri-County Center Application (SDR 94-0019/Planned Development review PDR 94-0002/Sensitive lards Review SLR 94-0004). i Councilor Havvley advised she would lire to hear the presentation by the vpplicant to datermine is the proposal fit vgith the vizion of the Triangle, Area. Also, to bu reviewed would be the buffering babojeen this area and adjacent l single-family residsntial area.. Parking was another area cited for review. f i Councilor Hurst askod how a call yap ,,!ould tip;-in with the review of the j -gard Triangle. Cory Administrator ~Aonahan noted tha" the application must be revievied withir, a I9-0-day Jrne frarne. If called up, it should be rear; ,aced as soon as pea ssibi_-. Nlayor 13-chwartz agreed with Councilor Hawley. He also noted roncerns with viet!and rolocatilon, a fir grove, aria the unique piece of lied. Councii was advised that they must revimpi the application under the criteria in p!a.ca at the time the application was iglcd. ' Consensus of City Council vas to c~all this issue up for review. - Mlaycr Schluartz advised that there may be a possibility that the Council wousd reconvene into open session. The Council would =sot in Executive Session; an CITY COWNCIL z'EE'. IFG hMMES - DECEINBER 27, 1994 sPRGL 10 i I i , announcement would be made as soon as possible as to whether the Council would reconvene ir:t Open Session. 10. I-V SMSION: The Tigard City Council went into Executive Session at 9:501 p.m. under the provisions of ORS 192.E (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. t t Mayor Schwartz announced in Open Session, at 10:02 p.m., that the open session was adjourned; Council would continue to most in Executive Session under the F { provisions noted in No. 10 above. _ 11. Q lt9t~Rlyia~Ch1~: 11 P.M. E fattest: atherine Wheatley, City recorder y , City of Tigard y Date' m(~~ L j i j I } i 1 I I ' } f k I i IF. I' CITE COUT CYL NIEETTITG NIa;'UTE5 DECM--gns''ER 27 1994 PAGE 1.3. i i I k, COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664-0360 Notice TT $ 0 6 9 BEAVERTON, OREGON 97075 Legal Notice Advertising R [ C E I V E 15 *City of Tigard ® Tearsheet Notice P. 8 13125 SW Hall Blvd. DEG a eTigard,Oregon 97223 e Q Duplicate Affidavit i7ITYOF `IGART', e ® t AFFIDAVIT OF PUBLICATION 1 STATE OF OREGON, ) COUNTY OF dWASi-NGTON, as. 1, Kathy Sny!ir _ being first duly sworn, depose and sa__yy that 1 am the AdVeBisinT ` Director, or his principal clerk, of theTiaard- Tualatin imes a nowspaper of general circul0ion as 'defined in ORS 393.090 t and 19i.020; published at 7 a gird _in the Poeosuid county and state, that the )_.8JUsin ss Pft-g a printed copy of which is heroto annexed, was published in the or-tire issue of said nevispapfr for. OPIE ~iiccosc,ieso a-id Consecutive in the following is3uas: D_e 7 f t Subscribed and s roznp/n1br:ors rr~a 2nd ci~of December, 9 4 i fdot ~L Pet~iic for Or©gon a kr). 024552 a 1y Commission Expires: i _ I f C L Tai,:, aaxd, Tigard, On gea 971-3, c Y~y c_i ,hnr, 639-41171. i ,~-p~ Ci, ~~Y LjA ~ Tai kyvi'i A~ h[ ~,~f1 . unr v . ice/ (Fown g..;a't 1 cl6i c3i nc,-61.30 p.m.. i t _ t . s.~ ycsy Nlccung (Town Hall) - 7.30 pxi,: conside aEiOn: i ~~zti8rr~~ r~ alai ho c aar 13t/t PA 93 ODOW Zra~e t, L"t~~ a93 `sl o r, 930003 Sim TwOo'ssz7 ntt R R ie /Wit 93-0014 d ~ { MMUP 9j-ON2 f4i- or Y .aO. 93-0013 - Ric'.. CouncH i u 5 Cod a p ttbtac he iT'r L71 vjO ml o Y'dSI-IDcc and fildi%"s, Oil 11"--..t,trb-a. - .~:,i E.lD.. k3A;S f~s•Sr QSSat.,, ft.Cl SSwr„1 :+.:Y.,;'-'i D'rl,, L,3z 12/13): `t v 2 r a Ktcc Roappa inrme a. D,y. AMS (vet over Wal Me i 2/13{9-+ ~ ecudy So s%H Thu', 7 nd 4 `SKI t ! a' " ! fi ? f RG Ito EAC ,a e t k I sG fi 81` d t tc pST7Y aF! of $A 191 6" O l)(d), L (h) to C3 ;Ct ; faman. f 4N. Y o .w__ 1000042. i ,J CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Lk oL tA. 11-A STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1 begin first duly sworn, on oath, depose and Qa;~- RA That I posted in the following ublic and conspicuous places, a copy of Ordinance ' Number (s) e L - X which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being reto attached and by reference made a part hereof, on the. day of 19Z'_ 1 Tigard Civic Center, 13`125 SW !-fall Shod., Tigard, Oregon 2. West One Bank, '12260 SkAl Main Street, Tigard, Oregon 3. Safevjay Score, Tigard Plaza, Stied Hall Blvd., Tigard, Oregon i 4. Aibartson's Sicre, Corner of Pacific Hvvy. (SLate Hwy. 0~) and SW Durham Road, Tigard, Oregon _ d i Subsc,,ib`:>d aqd .,,4Jom to befors r'ns t its day 0 I l i•E {]R fns (~~p~ye~ eFI,.~ ^ $(~T ~y q' II R26J I.C7r~~ ~t.C9d~I `VS or -gon _ yt I/// fly Commission Expires: I - logire~~\aif~~t i a j S i r I r- i I l t a CITY OF TIGARD, OREGON ORDINANCE NO. 94- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN MAP MFN°I AND ZONING MAP AMENDMENT REQUESTED BY ALBERTSOW'S INCORPORATED (CPA 93-0009 AND ZON 93-0003). ! a _ WHEREAS, the applicant has requested a Comprehensive Plan Map Amendment from Medium-High Density Residential to redesignate approximately S acres of a 11.95 acre parcel from Medium-High Density Residential to Community Commercial and a Comprehensive Plan approval to redesignate a 6.93 "acre; parcel from Neighborhood Commercial to Medium-High Density Residential. The applicant's request also includes accompanying Zone' Changes which propose to redesignate the property from R-12(PD) and R- 25(PD) (Residential, 12/25 units per acre, Planned,Development) to C-C (Community Commercial) and C-N (Neighborhood-Commercial) to R-25 f Residential, 25 units per acre). F- 1 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings and conclusion,, noted in the attached final_ order, additional findings and vicinity mans idrrnr i f; ea as c:~st1. bl 1. l.~ t1, SECTION 2 The City Council concurs with the Planning Commission and staff recormendations and approves the request to redesignate the parcels :illustrated on the attached ma ps (Exhibits C-1 and C-2) with. Comorehe.nsipe Plan deszgnations of Community Commercial and Med.i=-High Density Residential. j SECTION 3. This ordinance shall be effective at the time of issuance of building or development permits. If development does not occur, this ordinance shall not become effective because the Community Commercial Zoning District provisions require concurrer!t review of the site plan. PASSED: By rnaj.t)I-L4 rote of all Council members 2resent i after being read by number and title only, this ' day 1 of --~n~M 1994. i Catherine Wheatley, Cit-_k,r Zeco i~r er - - i APPROVED: This day or 1994. ~G1 ua Sch".1artz, Mayor cJ i 3 ' EXHIBIT "Ay f'. CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONC'T.USIONS WITH REGARD TO AN t, APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT, ZONE CHANGE, SITE E ? DEVELOPMENT REVIEW AND MINOR LAND PARTITION APPLICATIONS REQUESTED I BY ALBERTSON'S INCORPORATED. _ j l 1 The Tigard City Council reviewed the application below at a public hearing on December 13, 1994. The City Council approves the F request. The Council has based its decision on the facts, tindings ' and conclusions noted below. _ . ' A. FACTS 1. General Information y ! i Comprehensive Plan Amendment CPA 93-0009 Zone Change ZON 93-0003 ; i Site Development Review SDR 93-0014 Minor Land Partition MLP 93-0013 I A request for the following development approvals: F J ; 1) Comprehensive Plan and Zone Change to redesignate ~ :p ViVd..LlllcLl-t-1V 0 UI...LeS Ji ct .f.1 y.~ ctcre parcel from MetaluSli-I'3_Li✓ii 1 Density Residential to Community Commercial and a i Ccmprehensive Pion and Zone Change approval to redesignate a 6.93 acre parcel from Neighborhood Commercial to Medium-sigh Density Residential. Proposed `Zone Changes accompanying the above plan changes includes request For a`zone change from R- 12 (PD) and P-25 (?D) (Residential, 25'units/acre, Planned Development) to C-C (Community Commercial) and C-N (Neighborhood Commercial) to R-25 (Resident- ial, 25 ur.its/acre); j 2) Site Development Review approval to allow the construction of E" a 40,000 square foot Albertson's Grocery Store and three smaller tenant pads of 5,950, 2,400 and 1,200 square feet. The applicant has also proposed two 4,000 square foot retail bads. 3) Minor Land Partition approval to divide an 11.95 acre parcel into two parcels of approximately 3 acres and 3.95 acres each. _ Applicant: Albertson's, inc. (Don Duncombe) 17001 NF San Rafael j Portland, OR 97230 FINAL ORDER - CPA 93-09/ZON 93-03/SDP 93-14 - ALBERTSON'S - PAGE 1 Agent: John Shonkwil.er', P.C. Attorney at Law 4040 Douglas Way i PO Box 1568 1 Lake Oswego, OR 97035 Owner: Margery Crist, et. al. Route 1, Box 792 Beaverton, OR 97007 Location: Southeast and northeast quadrants of the intersection r of SW Scholls Ferry Road and SW Walnut Street. (WCTM 2S1 4BB, tax lots 100 and 200) r<' ` Applicable Review Criteria: d Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14; 3 Comprehensive Plan Policies 1.1.1, 1.1.2, 4`.1.1,,4.2.1, a1 6.1.1, 6.4.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, f 8.1.1, 8.1.3, 8.2.2, 8.4.1, 9.1.3, 12.1.1., 12.2, and 12.2.1 and 12.2.4; and Y Community Development Code Chapters 18.22, 18.32, 18.56,18.60, 18.61, 18.98, 18.100, 18.102, 18.108, 18,114, 18.120, 18.130, 18.162, and 18.164 5 2. P_ ackaround Information I,n area %iiat included the s,ih_ j pct property was annexed to the City of Tigard on June 12, 1983. In August 1983, the City approved a variety of plan and zone designations for the area., including Medium-High Density Residential (R-20, noel R-25 zon.e), Medium Density Residential (R-12 zone); and Neighborhood Commercial (C-N zone). The City subsequently approved the relocation of the C-N designation in a number: of locations in the vicinity between 1983 and 1986 (Case files 'CPA 18-83/AC 14-63, CPA 4-85/ZC 4- 85, CPA 1-86/ZC 3-86) . The current C-N designation is located on Tax Lot 100. A complete summary of past. City actions pertaining to the amendments to the size and location of the N-C designation is presented in the staff report for an. earlier Comprehensive Plan Amendment proposed by Albertson for this property (Case File CPA 91-0003/ZCA 91-0006). A number of single family and multi-family residential developments have been proposed for all or a portion of the subject property between 1986 and 1990 (Case Files SDR 4-86, S 87-04/V 87-04, S 87-07, SUB 90-04/ZON 90-04/ZON 90-04/1"TAR 90-08). Development has recently occurred following the approval of Castle Hill Subdivision. FINAL ORDER. - CPA 93-091ZON 93-03/SDR 93-14 - ALBER`I'SON'S - PAGE 2 j In 1991, Albertsons applied for a Comprehensive Plan Amendment t and Zone Change (CPA 91-0013/ZCA 91-0006) to establish an E eight acre Commercial Genera.,l (C-G) site on Tax Lot 200. The j request also involved the redesignation of the existing C-N site on 'Tax Lot 100 to Medium-High Residential (R-25). A ; final decision by the City Council was stayed at the request of the applicant. Following' this application, the City considered including a new Community Commercial zoning designation as part of the Comprehensive Plan and Community Development Code'. After a lengthy review, the City adopted the Community Commercial j designation in December 1992 On November 15, 1993 the Planning Commission recommended that the City Council approve the application with the inclusion of. conditions for an automobile access driveway to SW Northview Drive, a pedestrian staircase to SW Northview Drive, conceptual building design details which are consistent with the grocery store design. The Planning Commission also recommended that an access plan for the 3.95 acre parcel south of the site and an improved interior parking lot pedestrian pathway system. _a On January 25, 1994 the City Council remanded the application ' back to the Planning Commission dueto concerns related to property owner notification, the findings within the staff used development within report and the appropriateness of pr_op i the Community Commercial zonin« District. - The applicant has made the following revisions to the propcnal as a result of concerns raiaed at neighborhood meati.ngs and issues raised by the City Council at the January 25, 1994 Public Hearing: i o The proposed commercial uses on the pads oppposite to the i Albertsons pad have been modififed. The gas station and Shari's uses have been eliminated as prospective tenants. The pads are shown as 41,000 square foot retail sites. o A new brick wall has been proposed along portions of the proposed eight acre parcel's property frontage on SW Northview Drive. r• - The staircase entrance from SW Northview Drive has been modified to include a series of 90 degree turns to obscure the staircase entrance. k o The applicant has agreed not to develop the site with tenants j which would have 24-hour commercial operations due to potential impacts to adjoining residential areas. FINAL ORDER - CFA 93-09/?ON 93703/SDR. 93-14 - Ai,BERTSON'S - PAGE 3 1 i i 0 The applicant revised the site plan to provide a separate staircase from SW Northview Drive to the grocery store building and separated pedestrian pathways for internal circulation between all buildings and through the center of the parking lot. 0 The site has been posted with a sign showing the proposed site development plan for the 'shopping center. a The applicant has also discussed dedication of the multi- family area south of the Albertson's site to the Castle Hill Neighborhood Association for future development as a neighborhood open space area. The applicant has provided a history of the application, a ' synopsis of the changes which have been made to the plan, a j security lighting plan, a noise study and conceptual plans for Albertson's store, the site plan, the wall proposed along SW { Northview Drive. on November 7, 1994 the Planning Commission recommiended that the City Council approve the application without the inclusion _ of conditions for an automobile access driveway to SW Northview Drive. A portion of the Commission felt that the Council should consider provision of a one-way dr:Lve way which allows' ingress but not egress onto SW Northview Drive. The r i Commiasior felt that the improved interior parking lot pedestrian pathway system was sufficient as proposed. mom rf ~r recc=endation Is still to provide additional p: deotriaa connections into the site along the southerly and northerly driveways frogs. SF; Schollo Ferry. It is also rz-c+owmend.ed that a driveway he provided into the site from one of three ,potential locations along Sod Northview Drive in orders to avoid turning conflicts to and from SW Walnut Street. The applicant has prepared proposed findings which reflect the 3 Plaz ring Co=ission receoiwneaadation. Tt is reco fended that _ the acsplicaut prepare datailed findings which addreas the Council's decision which. aould, -be incorporated into a final 1 order. 3. Vic_i.nit.v information Single family residential development in the castle Hill Subdivision lies to the east and south. ro the northeast is the Cotswaid Subdivision which is of a similar character and density. A day school is on the west side of SW Scholls Ferry Road. A fern large lot single family residences also exist to the north, south and west of the subject area- A quarry operated by Morse Brothers Inc. is located to the southwest, across SW Scholls Ferry Road. FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - .ALBERTSON'S - PAGE 4 R-25(PD) zoning surrounds the parcel currently designated C-N. i ~ The area south of the proposed C-C designation is zoned R- 12(PD) and R-25(PD). The area across SW Scholls Ferry Road from this area is zoned by the City of Beaverton as R-2 (multi-family, 2,000 square feet lot area/unit). The average i 3 allowable density within a 1/2 mile radius of the site is approximately..15 units per acre. other commercial sites within the general vicinity of the F; I proposal include: Murray Hill Shopping Center located approximately 3/4 mile j north on Murray Boulevard; Greenway Town Center Shopping Center located approximately 1- i/4 mile east on Scholls Ferry Road; Washington Square located'approximately 2-1/2 miles east; and Several commercial centers along Pacific Highway, including the Tigard Central Business District, located approximately two miles to the southeast. Site Information 4. , There are two properties involved in this application. Tax Lot 1010 is 6.93 acres in size, zoned C-N, and located on the northeast corner of SW Scholls Ferry Road and Walnut Street. E` This parcel is a vacant, grassy field with a relatively mo .erate grade. ~ a Tax Lot 200 is 13..95 acres in size, zoned R-!2(PD) and R- E 25(PD), and located on the southeast corner of SW Scholls ~ Ferry Road and Walnut Street. This property is also a vacant, ~ a grassy field, but it slopes significantly downward away from the Castle Hill. Subdivision to Scholls Ferry Road. ' - 5. Proposal Description ' y The applicant has submitted _a packet of materials which describe the various facets of the application. The applicant : has also provided an update to the previous traffic studies conducted in August and December of 1993, a noise impact study and a security lighting plan has also been provided. The application includes the following four separate components: a. CPS 93-0009/ZCA 93-0003 A proposed change of the C-N designation on Tax Lo' 100 to R- 25, and chance the R-12(PD) and R-25(PD) designation for 8 FINAL ORDER - CPA 93-09/ZC7 93-03/SDR 93-14 - ALBERTSON'S - PAGE 5 , i acres of Tax Lot 200 to C-C, leaving the remaining land use designations on the property as they are (see Exhibit A). This change is proposed to be consistent with the requirements i associated with the City's`C-C designation and the obligations of the City to maintain an adequate inventory of multi-family residential land. i b. SDR 93-0014 F I The applicant proposes to develop a shopping center with a total of 57,550 square feet of floor space. This space j includes a 40,000 square foot grocery store, 9,550 square feet f` of additional commercial space adjacent to the grocery store and two separate pad sites totalling 8,000 square feet,(see Exhibit B) The applicant has provided preliminary site, grading, utility, and landscaping plans. Conceptual building f'. elevations providing detail of proposed design features for the Albertson's have also been provided. A 40,000 square foot Albertson.'s Grocery Store and 9,550 square feet of commercial space are proposed for the southern k i portion of the site. A truck access and loading area is f;. proposed along the south side of the building. The southern and eastern portions of the site are proposed to be graded extensively and the south side of the main building would have a floor elevation that is 8 to 24 feet below the existing grade. A freestanding tenant pad site is proposed towards the , southeast corner of SW Scrolls Ferry Road and SW Walnut Street, a second freestanding mad ?.s intended for the southwest corner of SW Walnut Street and SW lrorthview Drive. The applicant has revised the application to indicate moth pads are intended to be developed with retail uses. The applicant has withdrawn the conditional use permit portion of this application. The applicant has not submitted development plans for any of ff the residential areas on the subject properties. j In addition tG the specific uses shown on the site plan and referred to in the applicant's statement, approval of other uses is requested. This is because all tenants of the center { have not been committed. It is also expected that tenants wiil change over time. The additional' uses which may be located at the site and are permitted in the C-C zone for trhic-h the applicant requests approval are : 4 Animal sales and services; Consumer repair services; Cc_nven.ience sales and personal services; Children's day care; t FINAL ORDER - CPA 93-0°%ZON 93-03/SDP 93-14 - ALBERTSON'S - PAGE 6 i . Eating and drinking facilities; i General retail wales (less than 10,000 square feet; f ? General offices (medical, .dental, financial, insurance, real estate, professional and administrative services); and Indoor participant sports and recreation. Three driveways are proposed on `SW Scholls Ferry Road and one driveway is shown on SW Walnut Street. Internal sidewalks are shown immediately adjacent to the commercial buildings._ Sidewalks link the twopad sites with the public sidewalks on the perimeter of the project, a sidewalk and staircase connections are proposed between the grocery store and SW Northvi.ew Drive C. MLP 93-0013 The applicant wishes to create a separate 8 acre parcel for the shopping :enter. The other 3.95 acre parcel is intended for future residential development. The appl:;.cant has also discussed the option of dedicating this parcel to the "Castlehill Homeowners Association (see Exhibit ;C-3) 6. Agency and Neighborhood Comments The Engineering Department has reviewed the proposal and offers the following comments: Findings: 1. ACCESS The proposed site plan shows driveway access to SW Scholls Ferry Road and SW Walnut Street, but no driveway access to SW Northview Drive. This application, as previously reviewed by the Engineering Department, recommends a driveway connection to STN Northview Drive. Although the recent public discussion has indicated that the present property owners in the adjacent subdivision, object to a driveway from SW N'orthv-Lew Drive, the department continues to recommend vehicular, pedestrian, and bicycle access to S44 Northview Drive. It is our opinion that a driveway to the site could be designed to satisfy the concerns expressed by the property owners and provide the recommended access. The driveway location has several options that include the following: i The entrance could be _located opposite SW Stardust I,ane, with a curvilinear ramp, and avoid the objection relating to the light from cars exiting toward the new residences. The main building would have to be moved to the west approximately seven feet. FINAL ORDER - CPA 93-09/ZON 93-43/SDR 93-14 - AT-BERTSON'S - PAGE 7 r F E= f r- L_ r;e F F f k. a F A driveway could be constructed through the proposed green - l a space south of the commercial center. The driveway would connect to SW Northview Drive at, a location south of SW - Stardust Lane. It could connect to the commercial center j parking lot either at a location along the east side of the 1 Albertson's store, or at a location near Store "C". If the green space area is dedicated to the homeowners, association, j as proposed by the applicant, the neighborhood could control . the use of the driveway. ' A driveway could be constructed directly from the parking lot a to SW Northview Drive, with screening provided between the I driveway and the nearby homes: Because the C-C zoning is intended to serve the immediate neighborhoods rather than regional customers, the proposed retail center can be expected to draw many of its customers i from the adjoining Castle Hill subdivision (64 lots), the proposed Castle Hill No. 2 subdivision (123 lots), and the adjoining residential areas. While we hope that many of these f ~ ' customers will walk or bike to the center, we can expect that . I $ many will drive. Trips for major grocery purchases are likely _ to be made by car even though customers may live quite close to the center. If the center. is intended to serve the neighborhood, it should have a more convenient access to the neighborhood. _ J SW Walnut Street is a major Collector Street and as shown on the Comprehensive Plan, is designated to be extended westward - to .~~t 1-1-moray Zoaicvard by .L1Ste.L b tv_L,ing with ul.d - Scholl Ferry Road tc the north. At present, the connection between SW Scholls Ferry Road and SW 135th Avenue towards the subject properties is under construction and will be open this fail. As the area continues to develop, SW Walnut Street will carry substantial traffic volumes, similar to the traffic volumes on SW Durham Road in the vicinity of an existing Albertson's store. In order to protect the safety and ` capacity of SW Walnut Street, it is desirable to eliminate traffic and turning movements on SW Walnut Street where possible. } A direct driveway from SW Northview Drive will provide a convenient connection for the local residents as Northview Drive is the principal access for the adjoining subdivisions. F The direct driveway would preclude the use of SW Walnut Street 1 to access the site, and reduce left-turn movements. In some neighborhoods, direct access to retail facilities is resisted due to a concern that direct access will lead to additional traffic in the neighborhood. This does not appear i to be a problem in this instance'. The proposed alignment of SW r . North-view Drive and the connecting streets of Castle Hill No. _ FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 8 -i 2 discourage the use of the street for any through traffic. SW Walnut Street will remain the most direct access for the traffic generated from outside the immediate neighborhood. l For these reasons, we reiterate our recommendation that the center be required to provide a driveway access to SW 1 Northview_Drive. i 2 STREETS The site is located between SW Northview Drive and SW Scholls Ferry Road south of SW Walnut Street. SW Walnut Street and SW Northview Drive are City streets These streets were 4. previously dedicated and fully improved in conjunction with the Castle Hill subdivision, with exception of the sidewalk on SW Northview Drive A traffic study has been submitted by the applicant that indicates that the existing improvements on SW Walnut Street and SW Northview Drive can adequately accommodate the traffic expected from the proposed development. SW Scholls Ferry Road is a Washington County major collector 1 and is classified as a City arterial. Improvement standards F` i for Washington County major collector include 37 feet of E` _ right-of-way from centerline, 21 feet of pavement from centerline along with curb and sidewalk.-- Currently, the frontage is improved with 14 feet of pavement without curbs or j drai nape. The required 37 feet of right-cf-way appears to e' exist but should be confirmed. Washington County Isas not requested any charge to the existing G improvements but has recommended that a non- remonstrance, agreement be accepted. However, the Engineering Department recommends that full half-street improvements be constructed. In regards to the Four acre cite contiguous to the proposed commercial center, it is recommended that the applicant" provide for the construction of the `frontage improvements on both Ste Scholls Ferry Road and SW Northview Drive, inasmuch as this property is a part of the development application ment aPPlication and there is no further development proposed for the 4 acre site. t The proposed grading of the commercial development incorporates substantial cuts, fills and slope construction. The applicant should be required to perform all grading in V accordance with the applicable provisions of Chapter. 70 of the Uniform 2uilding Code. i 3. STuNITT- 2RY SEWER The applicant is proposing to connect to an existing eight inch public sanitary sever within SW Scholl.s Ferry ?:toad. The ~Y FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-15 - ALBERTSON'S - PAGE 9 i l ; line is operated by the City of Beaverton. The applicant should show evidence that the City of Beaverton has reviewed and accepted this proposal and that any special requirements of the City of Beaverton have been met. The final design and alignment of the sewer shall be reviewed and approved by the ! City of Tigard Engineering Department ` t i 4. STORM `SEWER The applicant' proposes to collect run-off into a private storm sewer and discharge it to an existing box culvert in SW Scholls Ferry. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) surface water management regulations requiring the construction of on site water quality facilities or fee in lieu of their G. 1 construction. The applicant is proposing to satisfy this requirement by constructing an on-site water quality facility f along the SW Scho'lls Ferry frontage. The facility should be f privately awned and maintained. ! The Public Works Department provided no comments or objection to the request. { The Building Division provided no comment or objection to the request. E. The City of Eeaverton provided no ccmment or objection to the L , -re ; uCs Washing-cor. County's Department of Land Use and Transportation indicates that an access report must be- prepared by the applicant. The applicant has been advised and the Department estimates that an 1 additional response regarding access will be available soon. The Department also has the following comments: t This proposal includes a partition request with both parcels having frontage on SW Scholls Ferry Road. As proposed, Parcel 1 (8.00 acres) will be zoned commercial and contain an. Albertsons Store and several associated commercial businesses (restaurant, video store, etc;.) and Parcel 2 (3.95 acres) will be zoned multi-family residential. The proposal does not contain, a-av specific development plans for Parcel 2. All of the conditions of approval outlined in this report pertain to { both parcels (i.e., sidewalks, waiver, etc.). Since Parcel_2 does not include a request for access to SW Scholls Ferrv Road snecifi_c access related `isstaea for tnis parcel are not revaewed`at this time._ The County may deny a separate access f. to Parcel 2 from SW Scholls Ferry Road and require shared E.' access with the shopping center or access only from SW 1"Iorthvie*:; Dive. SW Scholls Ferry Road is designated as a major collector on the County Transportation Plan. Resolution and order (R&U) FINAL ORDER - CPA 93-09/ZO 93--U3/SDP 93 -14 - 2_ hLBERTSOid' S - PAGE 10 85-95 and the Community Development Code limit access to 100 feet. The proposed access points meet the spacing ' ~ requirements. However, there are significant safety concerns - dealing with access to the site from SW Scholls Ferry Road, concerning left turn stacking queues. Since these primarily , issues cannot be determined until the County Traffic Analyst has completed his report," this letter does not approve any access to SW Scholls Ferry Road at this time. The County Traffic Analyst's access report will determine the appropriate number and spacing for access points to the site. f Resolution and order 86-95 also requires a minimum 450 feet of sight distance at the proposed access location. This site has s 'j over 700 feet of frontage and sight distance can be obtained or is acceptable at several possible access locations. As discussed above, specific access points for this site will be determined as a part of the Traffic Analyst's review. There r°.. are a couple of vertical curves along the frontage which limit ` sight distance in some locations, particularly at the P northeast end of the site. The applicant will be required to provide certification of sight distance by a registered f'- professional engineer for all access locations prior to occupancy. A traffic analysis for this development proposal is being Rperformed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of ` 'I completion of the review. This review and the recommended ~ conditions of approval wi:icu will be developed as a part of that review are required by Resolution and Order 86-95 and E. Section 501.5.2.B. of the Community Development Code. The Tigard Water Department states that although the agency does 'i not have any objections to the proposal, it should be noted that: ?11 exterior portions of i_he buildings must be within 250 feet of a fire hydrant_.; Backflo.-; prevention devices (minimum of double check valve assembly) will be required on all water services; and i E The agency will require proper line protection for automatic fire sprinkler systems. Washington County Fire District requested that a meeting with the j applicant's engineer to discuss access requirements to, hydrant 1 locations and fire- flow. In a phone conversation' with Gene Birchill of the ;district, concern was expressed regarding the Provision of future access to the proposed 3.95 acre parcel. i Portland General Electric has no objections to the application. =i. School District #48 (Beaverton) states that the. proposed zone changes and development will not have a student impact on the District, { FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - LBERTSON'S - PAGE 3.1 { :i i F_ The neighborhood reviewed the proposal on July 30, 1993, and notes from the meeting have been submitted by the applicant as an exhibit. Issues' raised included buffering, views, traffic, truck deliveries, multi-family development on the proposed 3.95 acre } parcel, and 24 hoar operations on the site. At the conclusion of the meeting the group suggested four changes: a. A brick fence (4 or 5 feet high) should be constructed along SW Northview Drive with landscaping. The fence could extend up to or just past the proposed pathway leading to the shopping center. b. A small gas station should not be included. iC c. Require by covenants and restrictions that tenants maintain ` property so as not tc have litter, teenage loitering, etc. 1 d. Allow weekend or evening use of portions of the site and parking area for special neighborhood functions and activities. t. The applicant conducted an additional neighborhood meeting on ! August 8, 1994 prior to submittal of the current proposal. The issues which were reviewed included the following: E An old NPn vote for the site had recommended approval or a gas a . station at the site. k; ! b. Concerns were raised about traffic, noise, lights and safety 'LL for pedestrians. Issues about ecology of a gas station use if e' the site was hater abandoned. C. All attendees were opposed to a gas station use. d. The attendees felt that the corner of SW 135th and SW Scholis Ferry Road was more appropriate for a gas station. e. The participants felt that the staircase proposed from SW Northview Drive w as agood idea and a proper location. f. 'Itie participants felt that a no "parking area" should be designated along SW Northview Drive adjoining the staircase entrance location (s). g. The participants were opposed to the SW Northview Drive driveway connecti on from the sit e. h. The participants were opposed to 24-hour operation of businesses at the facility due to potential issues with noise, light, vandalism and theft. 71 i. Particlpalits raised concerns over parking lot lighting due to added light glare impact to adjoining residential areas. j. Participants raised concerns over the landscaping shown along F1N,T\_:. ORDER - CPA 93-09/ZCN 93-03/SDR 93-14 - ALEERTSON'S - PAGE 12 SW Northview Drive and requested that a brick wall be constructed along Sid Northview Drive, k. Participants raised concerns over what would be built on the 3.95 acre multiple family site to the south of the proposed' a Albertson's site. The participants preferred that the site be set aside for common open space area. 1. The proposed uses on site were discussed and were thought to 'i be appropriate with the exception of the gas station and the Shari's uses. M. Concern was expressed over the SW Murray Boulevard extension ' from Beaverton to SW Walnut Street. The consensus of the participants was not that this application generated the need for the connection but a general concern that the street would greatly increase traffic in the area. + n. The participants discussed the appearance of the building design and thought the type of design used at the Albertson's located at Durham and Pacific Highway would be preferred. o: The participants discussed the overall site design and were in favor of the grading plan which was proposed due to the ability of the slope to mitigate the noise caused by trucks and the types of uses proposed. The participants felt that commercial zoning at this site made more sense than on the where it is presently located. north side of SW Walnut p. A vote was taken of the site plan which approved the site plan 32-1 as proposed with the staircase and walkway changes which had been to the previous plan. The participants preferred that the site plan not include direct access to S Nerthview Drive as was previously approved by the Planning Commission. r No other comments have been received. i P . Lz.r` JOR 10SUES This section of the report provides an overview and evaluation of the major issues pertaining to the four_ parts of the application. Findings and conclusions regarding the applicable criteria are found in Exhibit S. i. Comprehensive Plan and ?one C.han~e a. Commercial Neighborhood (C-N) to Medium-High Residential (R-25). As noted earlier in this report, the C-N designation has been moved several times since 1983. Before it was applied to Tax Lot 100, this property was designated R-25. In order to meet s'< the applicable locational, criteria it the Comprehensive Plan, e the C-N designation' muse be changed in order to have commercial use (C-C) on only one quadrant of an intersection. FI1172%L ORDER - CPA 93-09/~0174 93-03/SDR 93-14 -ALBERTSON'S - PAGE 13 Also, this redesignation to R-25 helps offset the loss of R-25 zoning caused by the proposed C-C designation. b. Medium-High Residential (R-25PD) to Community Commercial (C-C), Compliance with the locational criteria for the C-C designation, the Metropolitan Housing Rule, and compatibility with the surrounding residential areas is of key importance. The locational criteria are satisfied as described in the ' draft findings and conclusions (Exhibit C) The proposal will result in a net loss of 1.07 acres of R-25 land, for an impact of 26 units. The City's inventory shows that presently there are 1,305 acres of developable residential land with a total potential of 13,478 dwelling units. This yields an average allowable density of 10.328 units per acre The Housing Rule has a minimum requirement of 10 units per acre. This change will have a minimal impact that results in 1,304 developable acres, 13,452 potential units, and an average possible density of 10.315 units per :i acre. The remainder of Tax Lot 200 approximately 3.95 acres has been `discussed as being developed by property owners within the _ area for common open space use. Limitations to development of this area for multiple family uses would further decrease the total density of 10.27 dwelling units per acre for the d.avelo pab. acres of residential land. -i :Ceittci.:~Aliiac~ i,30v t Annexation of areas such as the Walnut Island in the future is also expected to further decrease residential density of the City to point below 10 units per acre. This would; mean that other properties now zoned for low density residential use would need to be rezoned for highee density residential. Due to the neighborhood's proximity to Sumaterlake Park, it's approx.iraa'te 27 acre size at completion and the cost o developing new park improvements, it is recommended that future park funding in the area concentrate on completing the improvement of Summcrlake Park rather than `developing the proposed 3.95 acre "remainder parcel" as a City park. Redesignation to C-C requires that the necessary development applications be processed with the Comprehensive Plan and zoning amendments. Compatibility issues are addressed using the applicable code criteria. 2. Site Development Review for the gh2p ins Center There are several issues relating to the development of the site that are of special importance. The following highlighted sections represent concerns reviewed within the is previous staff report and hoar this current proposal addresses the previous recommendations: FIbT-z,L ORD, - CPA 93-09'ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE i4 :i 5p a.... Vehicular k.ccas The applicant proposes four driveways to serve the project. A fifth driveway onto Sid Northview is suggested by the i Engineering Department to provide more convenient access between the center the adjoining residential area, and to reduce the number of turning movements in and out of this SST Walnut Street driveway and SW Northview Drive. This will " reduce potential congestion on SW Walnut, and due to the design of the streets in Castle Hill subdivision, through traffic is not anticipated as a result of this additional . driv~eway. AAlthough development is not currently contemplated for the proposed 3.9S acre parcel, access should be considered now. -y This parcel has a limited frontage on SW Scholls Ferry Road. This situation will be complicated further by Washington County driveway spacing standards. The options for driveway access (multi-family development), public street access (single family development), and emergency access should all be considered before the site plan, shopping center access, and partition plans are finalized. The proposed site plan provides the same deign as reviewed previously by the Planning Commission as it relates to driveway locations and numbers of 'driveways. It is recommended that an additional driveway be provided from SW Northview Drive into the site. ~T i ve Due to the length of property frontage on SW Northview Dr and the design of the center it appears that there are three r~,,S . Thf applicant may prcvyde shared access with the vacant 3.95 acre parcel to the south. A driveway which intersects with SW Stardust Lane or at a j location towards the intersection of Sid Walnut Street south of { the corder pad. If either the second or third options are utilized construction of a. driveway along the southern -property towards SW Scholls Ferry Road should be considered to allow for future access between the 3.95 acre parcel and the Alk)ertson's site without the use of adjoining streets. b. Pedestrian and Bicycle Access The proposed internal system of sidewalks does not connect all de tination on the site or with surrounding publ ~_c streets and sidewalks. The following improvements should be provided: P=o-ridn z ;3if e-e;a1k along on,: side of the cc; scorn. and western drivewavs on SW Scholls Far?y ?oad, and the ST Walnut Street driveway. i?n impr_oved system of sidewalks have been provided internally into the center as a part of this revised design. A sidewalk has been proposed into the site from SW Scholls c- Ferry Road along the center driveway. Additional sidewalks are recommen6ed along both of the other two driveways from SW scholls i'erry Road. FINAL ORDER - CPA 93-09/ZODT 93-03/SDR 93-14 - ALPEP SOrT'S - PAGE 15 An additional sidewalk connection is recomreiended along the SW E Walnut Street driveway onto the site. An additional sidewalk € is also recommended from SW Walnut Street to the 4,000 sauare foot pad at the corner of SW Scholl.s Ferry Road and SW Walnut Street. Provide an internal system of sidewalks that connects these driveway entrances, the pad sites, ' and the maize building in a safe and convenient manner. It is recommended that additional sidewalks be provided into the site. Each of the driveway entrances into the site should provide sidewalks into the site to create an integrated system of internal connections designed for exclusive use by pedestrians 3 Where walkways cross paved surfaces the use of durable, low maintenance materials designed to be visually distinguishable from the paved surfaces shall be provided as required by the CC zone. It is suggested that the walkway material match or compliment other commonly used materials throughout the site. It is also recommended that the six parking spaces shown along the SW Walnut Street driveway into the site be replaced with s_ a walkway and a ,wider landscaped parkway type major entrance to the site. Thischange would eliminate traffic conflicts F 1 and allow for an additional pedestrian walkway to be developed which aligns with the walkway shown to the Albertson's store 4 entrance. 1 Amend the design of the proposed sidewalk to SW Northview r Drive sd that it com.iects with Northvie w at its intersection with SW sta2:du.st Lan to enhanne convenience to the neigh-borhood and to oncourage proper pedestrian crossings at the intersect-ion rather that at mid-block. This may require s <L switchback as ~ 11 as an amendment to the grading plan and the parking la.you,t near the ai.dewal.!a. The applicant addressed this concern by providing pedestrian connections into the site. it is again recommended ':Vl{Ilelrecommended that recommended mth the applicant provide a drivewav into the site froth .SW Northview Drive. The driveway i "location can take place in either of the fallowing locations: 1) a shared driveway for both the Albertscn's site and the 3.95 acre multiple-family property, 2) alongside the { Albertson's store ending at an intersection with `SW Stardust Lane or, 3) towards the corner of SW Walnut and SW Northview i Drive south of the proposed freestanding pad site. terra of the handicapped parking spaces ncar the front of the grocery store should, be moved to be adjacent: to thzE building so that crossing the driveway will not he necesoary tc, reach the entrance. The applicant has not amended the site plan to reflect this concern. It is recommended that this revision be incorporated into the site plan due to address store access concerns. C. Landscaping FINAL ORDER - CPA 93-09/ZON 93-03/SDP. 93-14 - ALBERTSON'S - PAGE 16 The conceptual landscaping plan appears to be consistent with ' the landscaping and buffering standards in the code. More detail is necessary prior to final development approval to ~ i ensure that specific cone provisions are satisfied. if approved, further review of final landscape plans would be conducted through the building' permit plan check. It is recommended that the final landscape plan provide a minimum of 35%-'canopy coverage over the parking stalls. ' d. Noise The issue of noise impact needs further evaluation. While the loading area is well below grade and it will be visually r_ screened, potential noise from loading operations and rooftop F equipment must be carefully reviewed and appropriate ' j mitigation measures taken. Sound barriers, location and type j of equipment, and hours of equipment operation should all be considered. The applicant provided a noise study addressing j the expected noise generators from the site and their impacts 4 to adjoining residential areas. Based on the noise background measurements at adjoining j residential areas, the site improvements as proposed are i expected to meet or exceed all applicable noise criteria if an evaporative condenser cooling unit is constructed within the 1 mezanine level of the Albertson's store rather than an air r= cooked, Koof mounted unit (TMC 7.40.130-210) and Code criteria. e. Design The C-C provisions in Chapter 18.51 include design guidelines pertaining to design and architectural details. The only conceptual building design which has been provided to date is for the grocery store. It is not clear how the appearance of the remaining structures will relate to each other in terms o design. 3. Conditional Use Reuuest.s -a. Service Station trJhile z ;service station may he appropriate on this o ite, the applicant has not provided sufficient information to justify an approval of this use. The applicant ha withdraT,an the request for consideration of a conditional use permit for a gas station on the site. Approval of the applications under review does not permit development of a service station on the site. At a later date the applicant may request conditional use permit review for a range of uses which are conditionally permitted within the Community Commercial Zone. The a Development Code requires a public hearing before the k wearing' s Officer for review of all conditional use permit requests . { FINAL ORDER - CPA 93-09/ZON 93-03/SI7R 93-14 - ALSEIRTSON'S - PACE 17 3 jI b. 24 Four operation of the Grocery Story ~ ' i A primary purpose of the C-C designation is to provide i convenient commercial services in residential areas while maintaining' a compatible relationship between uses. Many of the evaluation criteria noted in this report are intended to f ` 1 achieve this result. E Evening operations are usually problematic because of noise, lights, and traffic. Due to the orientation of the grocery store, the distance of the store entrance from nearby residential properties, and the buffering provided by the grading and landscaping, a 24 hour operation appears to be appropriate. Chapter 18.130, Conditional use has general criteria that have been addressed by the applicant (or will be as required by the recommended conditions of approval). There are no specific review criteria in Chapter 13.130 for 24 hour operation. The applicant has also withdrawn their request to 'a operate the Albertson`s on a 24-hour basis due to concerns s raised by the neighborhood. The CC Zone restricts all a 1 commercial businesses from operating after 11:00 pm or earlier than 6:00 am without prior approval of a conditional use j permit to do so. A security lighting plan has been provided by the applicant which proposes; to use lighting fixtures of 25 feet in height as measured from the site's; finish grave elevations.; Based on d i _ the proposed grading, plan for the site and the propose screening measures to be employed between adjoining i areas, 1-4-ht generated by tres~ e fixt,~r_s is ct res~deb~t ay ~y ~ expected to overlap into neigh;Doring residential areas. - The lighting fixture specifications provided by the applicant did not clearly indicate that the fixtures would use light cut off shields to prevent spillover onto other properties. it is recommended that these fixtures use this design feature to further minimize light spl~-Fh as required by the CC Zoning District. 4. Minor Land partition This portion of the application is consistent -wiLh. the dimensional requir_aYr cuts for the R-25 and C-C designations. The only issue related to the partition is future accosras as discu ised above. The recommended conditions include provision for street improvements along the street frontages of both parcels. i C. 1?EC02,1ZIE ?'DATSOWS , The Planning Division recommends that the Planning Commission forward a recommendation for approval to the City Council for j CPA 93-0009/ZCA 93-0009, SDR 93-0014, and MLP 93-0013 subject to the following conditions, Unless otherwise noted, all conditions shall be satisfied prior to issuance of building FINAL, ORDER - CPA 93-09/ZON 93-03/SDP' 93-14 - ALBERTSON'S - P71 E 18 r - j F i permits. 1. Approve CPA 93.0009/ZCA93-0009 to change the Comprehensive E Plan and Zoning designations on Tax Lot 100 from Neighborhood Commercial (C-N) to Medium-High Residential/Planned Development (R-25PD), and to change the Comprehensive Plan and E' Zoning designation for 8 acres of Tax Lot 200 from Medium and Medium-High Residential/ Planned Development R-25 to Community ! Commercial C-C) The Comprehensive Plan and zoning map amendments shall. be finalized at the time a building or other development permit (e•g• grading) is issued. E 2. Approve the Site Development portion of the application with the following conditions: F' a. A revised site plan shall be submitted for approval which includes the following modifications: a y 1. A walkway system which has sidewalks along each of the SW Scholls Ferry Road driveways shall be provided. Differing walkway materials shall be used to designate walkway areas. Bicycle racks shall be provided within or near the columned facade area in front of the grocery store structure' r 2. A staircase sidewalk from the grocery store shall connect with SW Northview Drive. 3. Two of the proposed handicapped parking spaces in front of the grocery store shall be moved to be adjacent to the building. 4. The applicant shall supply details concerning the screening of all mechanical equipment to be used on j the perimeter of the building or on the .root. 5. All cooling units shall be as specified within the noise study dated September 29, 1994. The study recommended the use of quieter evaporative condensers located within themezanine level of the store rather than air cooled condenser units located on the roof. 6. A detailed landscaping plan shall be provided showing the size and species of landscaping material to be used throughout the development. The landscaping shall achie-re a minimum of 35. canopy coverage at maturity over the parking stall areas. 7. Building design details shall be provided for the entire development. of key importance will be consistent size and scale of buildings and signs. The applicant shall create a sign program for the center identifying the size, location and design of all I FINAL 01=,R - CPA 93-09/ZON 93-G3/SDP. 93-14 - ALBERTSON'S - P.111GE 1.9 i freestanding and wall signage. 1 W 8. All lighting fixtures shall use cut-off shields to i prevent the spillover of light to adjoining ? properties. 9. if either drive=way design is utilized which would intersect with SW Stardust Lane or south of the corner . pad 'towards SW Walnut Street, construction of a driveway along the southern property towards SW Scholls Ferry Road should be considered to allow for future access between the 3.95 acre parcel and the Albertson's site. t STAFF CONTACT: Mark Roberts, Planning Division. ' ' b. Two (2) sets of detailed public improvement plans and. profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of S approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be > 1 submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. C. Duilding permits will not be issued and construction of mmpnsed nublic improvements shall not commence until after E the Engineering Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 1,00 percent performance assurance or letter of commitment, a 1 developer-engineer agreement, the payment of a permit fee and ° required. STAFF a sign installation/streetlight fee are CONTACT : John Hayman, Engineering Department. d. Additional right-of-gray shall be dedicated to the Public along the SW Scholls Ferry Road frontage to increase the right-of- way to 3 7 feet from the centerline. If the existing right-of- way is has been dedicated to the required width, the applicant shall submit survey; and title information to confirm. The description of any additional right-of-way shah. be tied to the existing right-of-way centerline. For additional information contact Washington County Survey DiRrision. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Scholls Ferry Road frontage, including the frontage of all parcels within the minor land partition. Improvements along SW Scholls Ferry Road shall be designed and constructed to Washington County Uniforrc, Road Improvement Design Standards and shall conform to the alignment of existing adjacent improvements or to an FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - F.LSEP.TS0N'S - PAGE 20 j - j' is alignment approved by the Washington County Engineering <<. Department. For additional information contact Washington r County Engineering Department. f`. The applicant shall obtain a facility permit from the K Department of Land Use and Transportation of Washington i County, to perform work within the right-of-way of SW Scholls Ferry Road.` A copy of this permit shall be provided to the City Engineering Department prior to issuance of a Public i Improvement Permit. a g. Standard half-street improvements, including concrete sidewalk, driveway apron, streetlights, and underground i. 1 utilities shall be installed along the SW Northview Drive and "Green Space" frontage of SW Northview Drive. Improvements r- shall be designed and constructed to local street standards and shall conform to the 'alignment of existing adjacent J improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Michael Anderson, Engineering Department. h. The applicant shall submit sanitary sewer plans to the City of Beaverton for their approval. The plans shall also be submitted for the review and approval of the City of Tigard Engineering Department. A copy of the approved plans shall be provided to the City of Tigard prior to the construction of any public improvements. i. The applicant shall ^rovide an on-site water: quality facility as established under the guidelines of Unified Sewerage Agency j Resolution and Order No. 91-47. Submitted design information shall include an operation and maintenance plan. STF:FF CONTACT: Greg Berry, Engineering Department. j . The applicant shall demonstrate that storm drainage runoff can _ lam, d~ c1-i -.rg yd nt"T dl^a nageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department. k. The proposed privately operated and maintained sanitary sewer and storm drainage system plan-profile details shall be provided as part of the public improvement plans. STAFF CONTACT: Michael Anderson, Engineering Department. i. The applicant shall obtain a "Joint Permit" from the City of Tigard. T':is permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. STAFF CONTACT: Michael Anderson, Engineering Department. M. A grading plan shall be Submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. Staff CanLact: Michael Anderson, Engineering Department. n. The applicant shall provide a geo-technical report that F1IT-J, OPDF,r - CPA 93-09/ZON 93-03/SDP 93-14 - ALBERTSON'S - PAGE 21 i % addresses the slope stability adjacent to SW Northview Drive and the overall grading conditions of the proposed development, in accordance with the requirements of Chapter 70 of the Uniform Building Code. STAFF CONTACT Michael Anderson, Engineering Department. o. t'heapplicant, shall underground the existing overhead facilities along each frontage or pay the fee in-lieu of i undergroun%~ing. STAFF CONTACT: Michael Anderson, Engineering 1 Department', p. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. STAFF CONTACT: Michael Anderson, Engineering Department. q The applicant shall provide a construction vehicle access and . parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site or within the SW Northview Drive and SW Walnut Street right-of- way. No construction vehicles or equipment will be permitted to park on the adjoining residentail public streets. Construction vehicles include the vehicles of any contractor { or subcontractor involved in the construction of the site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. STAFF CONTACT: Michael Anderson, Engineering Department, r. As a further condition of approval, duly given prior notice(s) E and a scheduled, public hearing(o) shall be giver- for any ~ t discreticnasy decision to callow changa (s) in the approved application, such as for any disc: c-_tionary decision to allow [ Change (7) in the approved application, such ins for future construction of an automobile access from the site to 4 Worthview Drive, or changes outside more compliance with mandatory code provisions and regulations affecting compliance s Wraith any condition of approval identified herein. STAFF COITTIACT: Mark Robo-rts, Planning Division. G. The applicant and all tenants of the shopping center :shall restrict the use of mechanical parking lot sweepers, auxilary generators, truck-loading activities and other similar exceosive noise generating activities to the hours of operation from 6:00 a.m. to 11 p.m. daily. STAFF CONTACT: Nark Robert Planning Division. grocery acing ~ t. Windowo shall be included in the 4 tore facade e f SV° 'Walnut Street by including at least one window in each bay of the columned facade area (constituting not less than a ~ total of four windo-4,? ) . STA- FIF CONTACT: Bark Roberts, Planning Div_2,7ion. F P U. The applicant shall provide a, covered walkway in fron of he FINkL ORDEP - CPS 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 22 i grocery store, and in particular the entrance way; and the 1 columned facades area may be used to serve this purpose. STAFF CONTACT: Mark Roberts, Planning Division. V. The applicant shall maintain a minimum of a five-foot wide i unobstructed walkway area in front of the grocery store that is free of 'display materials or other pedestrian obstructions. STAFF CONTACT: Mark Roberts, Planning Division. i W. The driveway entrance at the southwestern corner of the site along SW Scholls Ferry Road shall be moved approximately eighteen feet to the south to comply with Washington County standards for driveway alignments with the proposed driveway access across from SW Scholls Ferry Road to the west. STAFF CONTACT: Mark Roberts, Planning Division. 1 X. In the future the applicant may be required to provide an automobile driveway, in accordance with the design specifications of the City's Engineering Department, for access to and from the parking lot to Northview Drive, as k follows 1. The future driveway would be located south of the building pad situated near the intersection of STS' Walnut Street' and Northview Drive. 2. The applicant will provide the City with a permanent c<':oement for such ingress and egress prior to occupancy. I 3. The applicant will be rezponoil3 t e for paya-tent of coctE: ci: iif and wheel: it is required conwr,zsiction of such dr3vet,sy, to be constructer.. i ri 1. The City may elect to require construction of such driveway access after duly providing notice to all l n do-4i, ers -within 250 feat of the Gitc as d corLducting a scheduled public hearing foY- S11 Ch d e c i lion . 3. Final Plat Application Submission Requirements: 1 A. Three copies of the partition plat prepared by a land { surveyor licensed cc practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 1 C:.. Copy of boundary survey i STAFF CONTACT: John naUley, Engineering Department. THE FOLLOWING COND.T.TION (S) SHOULD BE REOUTRE'D PRIOR TO FINAL OCCUPANCY PERMIT: FI.~i7AL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSOrt'S - PAGE 23 f 1 k { 4 Provide the Engineering Department with a recorded mylar copy of the final survey; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy, D. DECISION The City 'Council approves the requested Comprehensive Plan I Amendment for Washington County Tax Map properties 2S1 4BB, j tax lots 00100 and 00200 from Neighborhood Commercial and { Medium-High Density Residential to Medium-High Density t Residential and Community Commercial respectively. The City Council also approves the accompanying Zone Change request, Site Development Review and Minor Land. Partition. The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. It is further ordered that the applicant and parties to these F proceedings be notified of the entry of this order. F 1 *INi1L ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 24 1 E' i i EXHIBIT "B° FINDINGS AND CONCLUSIONS The applicants have presented a_report entitled Albertson's. Inc, A nli t'on or Site Deve o me• t Plan Com rehensive Plark Amendment and Zoning Amendments for Community Commercial (hereafter referred to as the applicant's statement) that addresses the Statewide' Planning Goals, the Tigard f Comprehensive Plan policies, and the Community Development i Code provisions that are applicable to the request. The applicanthas also submitted a traffic study and supplement r prepared by Kittelson and Associates, Inc. in support of the R application. Staff finds that the following Statewide Planning Goals, City f of Tigard Comprehensive Plan policies, and Tigard Community Development Code chapters are applicable to the request: ' Applicable Review Criteria: Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14; Comprehensive Plan Policies 1.1.1, 1.1.2, 4•.1.1, 4.2.1, 6.1.1,_ 6.4.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3, 8.2..2, 8.4.1, 9,1.3, 12.1.1(3), 12.2.1(4) 12.2 and 12.2.4; and Development Code Chanters 18.22, 18.32, 18.56. 18.60, 18.61, 18.98, 18.00, 18.102, 18.108, 18.114, 18.7.20, 18.130, 18.162, and 18.164. 1. Statewide Planningr Goals and Related Plan Policies f i 'i The Planning Division concludes that the proposal complies with the applicable Statec:lide Pl.anrinJ Goals and C'nmp~^al~engi~7a Plan policies based upon the following findings: a. Goal I. (Citizen Involvement) and Policy 2.1.1 are satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by nearby property owners and residents. Notice was provided by the applicant for the neighborhood meeting which was conducted August 4, 1994. Notice is also i provided of public hearings before the Planning Commission and City Council. At each public hearing the opportunity will be provided public input concerning this proposal. i Policy 2.1.3 is satisfied because information regarding the new C-C designation, was explained to th,-~ public at numerous public -Forums. In addl. on,. noi=ices and information abciui,,:' this proposal has been provided so that the basic planning issues are under.9tood by the public. Comments received have been included in the staff report and applicant's statement. i r INAL ORDER. - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON' S - PAGE 25 ~ r, f 3 In addition, all public notice requirements related to this application have been satisfied, j b. Coal. 2 (Land Use Planning) , ' Policy 1.1.1, and the quasi- judicial plan and zone change approval standards of Code Section 16.22.0:0 are satisfied because the City has applied ! j all applicable Statewide Planning Goals `through the City's acknowledged Comprehensive Plan and Community Development Code _ requirements to the review of this proposal, as described in j this report. The City of Tigard has notified other affected units" of government including the City of Beaverton, ' Washington County, the Oregon Department of Transportation, and the Oregon Department of Land Conservation and Development i of the `proposal. Service and utility providing agencies have also been notified ofthe proposal Policy 1, .1.2 requires that the Comprehensive Plan and each of r its elements shall be opened for review by the Metropolitan F+ Service District or its successor on an annual basis, and may be amended or revised. Implementation Strategy 2 of this policy requires that the City review Quasi-Judicial Amendments in `accordance with the standards set forth in the Chapter 18.22 of the Community Development Code. These standards have r' been reviewed within the applicants statement'. a 1 a'(A' /w t r Q ualit ) i satisfied because that proPosed c. roa it a e y ~ C-C zone and the surrounding residential properties will s- result in fewer and shorter automobile trips to obtain cemmercinl goods and services. The proposed center, as designed and conditioned. will provide for ease of access to the. sur:~:ounding neighborhoods. This in turn will help satisfy Policy ~.Y.1 by reducing potential air quality impact; from the new residents and their automobiles. Also, Policy 4.2.1 will be satisfied through the development review and building permit processes at which time a development proposal for this site must be shown to comply with applicable federal, state, and regional water quality recxuirements including preparation and implementation of a non-point source pollution control plan in compliance :vith. the Oregon. Environmental Quality Commission's temporary rules for the Tualatin River Basin. The proposed-'redesignation would not by itself affect compliance with this plan policy. d. Policy 4.3.1 and related TMC Sections 7.40.130-210 have been satisfied as demonstrated by a noise study which identified, evaluated, and mitigated noise impacts as required by the conditions of approval. If approved this policy will be further implemented through the building permit plan check process in which landscaping and proposed site improvements will be reviewed to minimize noise impacts on neighboring lard u..e- e. Ccai 9 (Economy of the State) is satisfied because the proposed redesignation would increase the City's inventory of developable commercial land, thereby increasing employment. FINAL ORDER - CPA 93-09/ZO14 93-03/SDR 93-14 - J3.LZERTSON'S - 131%-wE 26 S opportunities in the City. t ~ The proposal is consistent with Policy 5.4 because the proposed C-C designation will maintain a compatible { relationship with nearby residential properties as required by the Community Development Code standards, in addition, the F. site is physically separated from residential uses by streets on three sides of the property and a steep slope to the south. A commercial service' center of modest size has been contemplated for this area since the 1983 adoption of the Bull { Mountain Community Plan. - The proposed C-C designation will + replace the C-N designation and therefore, no encroachment into a residential area will result. f. Goal 10 (Housing) as well as Policy 6.1.1 are satisfied because the proposal will result in a loss of 1.07 acres of R- 25 land and a net residential opportunity of 26 units. As discussed in Section B. "Major Issues", this change by itself has an insignificant impact on the City's ability to comply with the Metropolitan Housing Rule. i The average potential density of the undeveloped residential land in the City has historically varied as land was developed and as Comprehensive Plan Amendments were approved. This is represents a reduction in the amount of developable -residential land in the City of only 0.07-s. 6.4.1 requires that the City designate developing areas bvi_iCii not rd,: icrnat.ed 1i~l e-gtab1-shF[3 a'r.?as nn 1,e Comprehensive Plan DTap and encourage ; le:tible afficient development within these areas. This area is currently a developing area. The applicant is requesting Comprehensive Plan and Zoning chancres which allow greater flexiblity in developing commercial uses to provide more types of 'goods and services than the present Neighborhood Commercial designation on the adjoining corner would ;permit. This change is will reduce impacts to the transportation system by reducing the length of travel required by residents to access other area grocery and commercial shopping centers, ?policy 6.6.1 can he satisfied because the proposed design and related conditions of approval are intended to provide buffering and visual separation; between the center and nearby residential neighborhoods. As noted in this report, specific landscaping noise mitigation measures' must be provided to ensure that this policy and related Code and x'MC provisions are met. g. Goal 11 (Public Facilities and Services) and Policies 7.1.2, 7.2,1, T.,~, 7,G.2, and 7.6.1, are satisfied because adequate public service a.??.d educational capacities are availab7_e to serve future development of this site, under either the existing or proposed Flan and zoning designations. Extension oi,necessary public facilities to serve the site are the FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE :37 i s responsibility of the developer,' at the time of site -F development. The City of Tigard notifies applicable public and private utility providers of pending development t applications. No adverse comments were received from service ; providers with respect to the current application. I h. Goal 12 (Transportation) and Policy 8.1.1 are satisfied because the proposed redesignation would not be expected to result in unsuitable or unsafe levels of traffic on SW Walnut Street or Scholls Ferry Road. Although commercial development of this site might be expected to result in some increase in i total traffic on these roads adjacent to the site as compared to what would be expected under the current designations, the impact on the city-wide or regional transportation systems will be beneficial through providing commercial opportunities ! closer to adjoining residential areas than is currently available. Therefore, a net reduction in total system traffic is anticipated, ,r -Policy 8.1.3 will be satisfied as a condition of development approval under either the existing or proposed plan and zoning designations. Completion of necessary street improvements a along the site's frontages will be required to be installed by the developer at the time of development. The Engineering ' ' Division and Washington County will review final development plains for the site with regard to necessary road improvements € adjacent to the site and an other affected roadways. Policy 6,1<2 calls for the City to provide for safe and efficient management o.t the Lranspor.tatlvsl -plgn..~. g p-- ,iithin the City and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. k, The City has provided copies of the appliction to other affected agencies for review and comment. Policy 8.2.2 call's for placing intensive land uses, such as commercial and multi-family, in locations that can be served by transit. Though Tri-Met service does not presently serve the immediate area, an extension of service along S=4 Scholls Ferry Road appears very likely. Policy 0,4.1 states that the City shall locate bicycle and pedestrians corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted pedestrian/bikeway plan. The site does not adjoin a designated pedesterian/bikeway corridor area. The development proposes to provide sidewalks along each property frontage. The provisions of the Transportation Planning Ruleare not E' applicable to this application becaus: it was submitted for review prior to adoption of these rule changes. The applicant : has addressed transit and pedestrian orientation requirements c° throught the deve apr:ent of a t~a.lkway system from adjoining streets into the site. The applicant has proposed to provide k a potential bus turnout location on SW Scholls Ferry Road near : F13NAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBFRTSON'S - PAGE 28 ti E,; j the intersection of SW Walnut Street in anticipation of future 5 1 transit service along SW Scholls Ferry Road. ; i. Goal 13 (Energy Conservation) and Policies 9.1.3 which encourage energy conservation 'through design and, construction. Because of the sites location and ability to provide greater numbers of services an expected reduction in the number and length of automobile trips to existing commercial areas, the amount of energy consumed by area residents to commercial services will be less. Through application of current building code requirements during the building permit review ! process all new construction on the site will be developed in an energy efficient manner. j. Policy 12.2 identifies types of commercial zoning districts. This policy sets the following general requirements: 1) That uses within each district shall be planned at a scale which relates to its location, site and type of stores to the trade area to be served. The scale of development has been reviewed as it relates to surrounding land uses and the site's existing proposed' topography and appears compatible with adjoining residential areas as reviewed within this report. 2) That f;. surrounding residential uses be protected from any possible adverse effects in terms of doss of privacy, noise, `Tights and glare. The applicant has addressed design aspects of the Proposal as it relates to these issues. 3) That commercial centers be asthetically attractive and landscaped. The applicant has provided conceptual design details for the center which have been reviewed against the applicable ctandarnc r l ,c?e.l rn '.~i t_hi n Yhi r re-crt as it- to - ' building and site improvement asthetics and landscaping. 4) That ingress and egress points not create tra"fic congestion and hazard. The design of the site has been reviewed elsewhere within this report as it relates to connectivity with adjoining rights-cf-way and neighboring properties. 5) That vehicle trips be reduced both in length and total number. Reduction in vehicular trips has been addressed elsewhere in this report in terms of length and number. 6) This portion j of the policy states that the Central Business District is not included in the locational`criteria because there is only one Central Business District within'"igard. This does not apply to this application because it is not within the Central Business District. ' i k. The locational criteria for Medium-High Residential (R-25) specified in Policy 12,1.1 (3) are met for the following reascns: (1) The parcels intended for the R-25 designation are vacant and are not committed to low density development. Since 1983, these properties have been designated for multi-family and commercial. use. Prf_cr to being designated C-N, Tax Lot 100 f . wzis designated R-25. (2) The two areas intended for R-25 density are well buffered_ FINAL ORDER - CPA 93-091/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 29 ~ or separated from single family residential neighborhoods. Tax Lot 100 abuts R-25 zoning to the north and east. The area north is undeveloped and the eastern property line is bordered by Cotswald Subdivision. Because of the properties side and lack of physical constraints, adequate buffering can be i provided along the property boundaries. The R-25 area south of the center will be adjacent to R-25 and R-12 zoned areas that developed as single family neighborhoods. This 3.95 acre parcel will provide a' transition between the single family development and the shopping center. q (3) Both proposed R-25 parcels have direct access from major . collectors streets. - (4) The properties have a moderate grade and do not appear to have any development limitations due to natural features of Code requirements. (5) As noted in this report, existing facilities have r- adequate capacity to serve the development.. f - (5) The property is approximately 1/2 mile from the nearest Tri-Met'route. This bus stop is served by Tri-Met bus line ;P62. However, SW Scholls Ferry Road and Walnut Street are logical routes for expansion in the future as the area grows and the demand for bus service increases. (7) The t io proposed R-25 areas will have excellent access, to shopping. (8) When the residential properties develop, common and/or private open space will be required as a condition of development. 1. The locational criteria for Community Commercial uses specified in Policy 12.2.1 (4) are satisfied for the following reasons: (1) The density within the 1/2 mile trade area averages over 8 units per acre. Supporting information is supplied in the applicant's statement and in the staff report information on file as part of the Comprehensive Plan Amendment to create the C-C designation. (2) The proposed center and its components all meet the maximum gross floor area standards of 100,000 square feet total, 40,000 for grocery stores, 10,000 sci-aare feet for general retail, and 5,000 square feet for other uses. (3) The proposed commercial deli gnat__on will apply to only - the southeast corner of SW Scholis Ferry Road and Wainut St~-cet . FINAL ORDER - CPA 93-09/ZO'i 93-03/SDR 93-14 - kLBERTSON'S - PAGE 30 (4) The site is over 1/2 mile from any other commercial , retail land use designations, . (5) The site is located at the intersection of two major collector streets. The traffic analysis presented by Kittelson and Associates and the subsequent evaluation by the Engineering Division and Washington County indicate that no adverse traffic impacts will result. l (C) The commercial site is eight acres which coincides with the maximum allowable size for a Community Commercial center. (7) Design issues, such as vehicular access, pedestrian and i bicyclist access, coordinated development, local street connections between the commercial use and the neighborhood, lighting, and noise, have all been addressed using the applicable Comprehensive Plan and Community Development Code r. y policies and standards. i 2. Community Development Code : a. Chapter. 18.22 E j In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the parcel. Alternatively, the City must find that there has been l i n a gi a mistake or inconsistency with regard to the or designation of the parcel (Comprehensive Plan, Volume 2, Policy 1.1.1, l,nplementation strategy 2; community Development Code Section 18.22.040(A). The applicant's statement (pages 5 through 9) addresses these the basic analysis considerations. The staff concurs with presented by the applicant. b. Chapter 18.56 - R-25 Multiple-Family Residential At this time, no development is proposed for Tax Dot 100 or the proposed 3.95 acre parcel south of the shopping center. Both parcels meet the dimensional requirements of the R-25 I zone (Section 18.56.050) and it appears that both parcel, can j be suitably developed in the future. C. Chapter 18.61 - C-C Community Commercial Section 18.61.030 is satisfied because the uses proposed by the applicant are permitted with the exception of the service station and 24 hour grocery store operation which are subject ? to conditional use approval criteria (Chapter 18.130). The proposed. improvements for the site can accommodate all of the permitted uses shc)wn on the site plan and proposed as y' alternate tenants in the center. Section 13.61. 45 is satisfied because all primary commercial Fi.NA-L ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 31 activities shall be conducted inside; all uses, except for the _ grocery and video stores will be less than the 5,000 square foot maximum; and any outdoor displays and open air dining shall be conducted within the limits of this section. Section` 18.61.050 is satisfied because the proposed center meets all applicable standards for lot size and dimensions, setbacks, lot coverage, building height, and landscaped area. r Section 18'.61.055 contains a number of design guidelines and - standards for C-C development. The basic design 'concepts presented by the applicant are generally consistent with these Code' provisions. In some cases design concepts need to be amended and in others more detailed information needs to be provided (as conditions of approval) to ensure compliance with this Code section. Section 18.61.055 A. 1. contains building design guidelines which have been partially satisfied. The applicant has provided a proposed design for the grocery store, but not for the remaining 9,550 square feet of retail space adjacent to it or for the two building pad sites. Also, the grocery will, have blank walls facing SW Northview Drive. However, this building elevations will be screened from view by landscaping and should result in a pleasing a _ appearance. Section ~ IS 61 055 2 _ di scr„±r-rues 1c~adina areas that face ~JGI... i._ toward residential uses. The proposed loading area abuts an undevelcped residential parcel and is near Castle Hill Subdivision. Because of the proposed grading of the site, the loading area will be approximately 24 feet below the existing grade. This design serves to mitigate noise impacts to adjoining residential :areas along with landscaping and screening will provide a satisfactory visual buffer. Section 18.01.055 B. 1. requires internal walkways to facilitate pedestrian: circulation on the site. The site plan shows sidewalks in the vicinity of the building locations and one walkway to SW Northview Drive. This Code section can be satisfied if additional walkways are provided as recommended in the conditions of anoro al. Section 16.61.055 B. 2. can be satisfied with the submission of additional information regarding, mecn.anic.al equipment, refuse and recycling containers, bicycle Taarking, pedestrian/vehicular- conflicts, landscaping, screening, and special site features (e.g., walls) as required in the conditions of approval. d. Cb:~ .ter 16 . 100 - Lands Ca.ving and Screening The pro-.cisions of this Chapter can be satisfied provided the conditions of approval are met. The conceptual plan is found FIN-ML ORDEr - CPA 93-03/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 32 t- 4 to be consistent with the criteria in this Chapter, but the details need to be confirmed prior to issuance of development permits. ' Section 18.100.030 040 requires street trees as part of new [ commercial development. The landscaping plan submitted indicates that street trees will be planted with 40 foot spacing. A list of trees to be used is provided, but the tree I to be used is not identified. With 40 foot spacing, the M street trees will need to have a ;nature height of 40+ feet t r Section 18.100.070 - 080 requires screening between different uses, such as commercial and residential. The proposed' 't landscaping plan includes vegetative screening that is consistent with the standards of these sections. Only more detailed information regarding the size and species of plantings, as required in the conditions of approval is needed F to enure compliance Section 18.100.090 pertains to fences and walls. The applicant has proposed the construction of a wall along a portion of the perimeter of the developmen.,:. A conceptual elevation planfor a,portion 'of this wail along SW Northview t Drive has been included in the application The applicant has - provided the wall to address specific neighborhood concerns due to potential site impacts. Using: walls as a unifying design element is encouraged by Chapter 18.100 and the C-C rY Zone. Section 18.100.110 r_ectuires screening for parking and load na areas. The landscaping plan satisfies the relevant requirements for landscaped islands in the parking area and the number of trees in the parking area. However, in order to accommodate the pedestrian walkways noted elsewhere in this report, some of the landscaped features will have to be modified. Section 18.100.130 contains a buffer matrix that prescribes the minimum width and type of buffer required in different circumstances. The applicants proposed minimum buffer, area of 20 feet with vegetative screening meets or exceeds; the standards for commercial development and parking lots which abut residential uses. e. Chapter 18.102 - Visual Clearance Areas i F11 inter_se-ction.s meet the visual clearance provisions of this Chapter. i f. Chapter 18.106 - Off-Street and Loading Requirements r Y< + Alt houg3i the exact number of required parking spacer it- Section 18.106.030 cannot_ be determined because alt of the tenants have not been identified, the applicant's estimate of 255 required spaces is reasonable. A total of 293 spaces are i FINAL ORDER - CPA 93-09/ZON 93-03,/SDR 93-14 - ALBE-,RTSON`S - PAGE. 33 f L X provided. Section 18.106.050 describes the dimensional standards for 1 parking areas. All of these requirements for parking spaces and aisle widths are met or exceeded as shown on the site plan. l g. Chapter 18.108 Access, Egi.ess, and Circulation The number and dimensions of the proposed driveways meet the r provisions of this Chapter. .i i 1 Section 18.108.060 discourages direct access onto arterial and collector streets. While the number of driveways for the commercial development appears justified (pending Washington County's final analysis and recommendations), based on the traffic study and the findings of the Engineering Department, the future access for the proposed 3.95 acre parcel must be _addressed as noted in this report. h'. Chapter 18.114 - Signs The plans submitted by the applicant indicate one freestanding 4 sign along the SW Scholls Ferry Road frontage, as allowed by Section 18.114.130 E. A sign drawing has been submitted without dimensions. Sign permits shall be required as a i condition of approval to ensure compliance with Code standards for the C-C Zone..; i. Chapter 18.120 - Site Development Review The relevant design standards in Section 18.120. 180 A. have been addressed elsee;here in this report, with the exception of noise (18.180.180 A. 5.). As.discussed 'earlier, the loading area on the south side of the grocery store is visually screened from adjoining residential properties_ However, noise from truck traffic, trash collection and compacting, and rooftop equipment has proven to he a source of conflict between commercial and residential uses. Sufficient information has been provided to address the expected major noise generators on site. The applicant should comply with the recommendations made within the acroustical engineer's report as addressed previously within this report. Based on this study it appears that the site improvements can be modified to comply with the applicable Da-elopnent Code criteria for mitigation of noise. j. Chapter 18.7.62 - Major and Minor Land Partitioning mh_ proposed partition complies with all of the di rnensional requirements of the C-C and P.-25 zones, and the of this Chapter shall be satisfied by the conditions of approval. FINAL, ORDER - CPA 93-09/ZC 93-03/SDR 93-14 - ALBERTSON'S - PAGE 34 i EXAlBST C- mr, , j * U2 46 mR -3 '9- 14A j ~ E ~ • F• r _ , rte. i 'Ld o t t El W ~ cat P L OC T L ~ k•.cn ~ 63 a S i r~ t F IK to ; y .a' s } l A ro Cl A ~ IN0. d3 r~/~~ ZOV v f2 app ]l~R-~ u 3 V~ p F `L. 4IMS E ft! 10 CPIA r93-00~0q9 ZON ID-94-0003 SDP X93-OOZ I r L i t 1 F. CITY OF TIGARD s . - ; ORDINANCE NO. 01-t i AN ORDINANCE FOR THE CITY OF TIGARD, OREGON, REPEALING CHAPTER 5012 - OF THE MUNICIPAL CODE, AND ADDING A NEW CHAPTER TO PROVIDE FOR THE F ESTABLISHMENT AND GRANTING OF FRANCHISES FOR THE CONSTRUCTION, j MAINTENANCE AND OPERATION OF CABLE COW1UNICATION SYSTEMS. 3 i:.. The City of Tigard ordains as follows: Section 1: The Tigard Municipal Code is hereby amended by repealing Chapter 5.12, Cable Communications and adding a new chapter 5.14 to read as follows: F Section 5.14.010 Definitions. For the, purposes of this chapter, unless the context requires otherwise: ' (1) Access means the availability for use by various agencies, institutions, organizations, t groups and individuals in the community, including the City and its designees, of the - j cable communications system to acquire, create, 1(, and distribute programming not under the Franchisee's editorial control, including, but - ~ trot limited --e hauuasa;, a ,.a.,a lc..- a - E.., ` amn:inq. government prog- E- _ (2) Cablo. Service means progra=ing, in any combination, provided on the cable communications syster, to subscribers. (3) Cab) e Communiaat i oris System means a system of ' plant, f'aci? ities, equipment, and closed signal 'transmission paths, including, without limitation, antennas, cables, amplifiers, towers, microwave links, studios, real and personal property, and any and all other E'. conductors, home terminals, converters, remote control units, and all associated equipment or facilities designed and constructed for the purposes of distributing cable service to subscribers and of producing, receiving, amplifying, storing, processing or distributing audio., video, voice, digital, analog or other forms of electronic or optical signals, whether processed by or owned, rented, leased, leased- fT Sit 9'~ Ordinance i ~ Wage 2 3 purchased or otherwise controlled by or within the responsibility of the Franchisee. (4) Franch9.se means the privilege conferred upon i a person, firm or organization by the City to operate a cable communications system under the terms and provisions of this chapter. (5) Franchisee means the person, firm or organization to which a franchise is granted to operate a cable communications system pursuant to the authority of this chapter. (6) Leased Acceas Channel means any channel or portion of a channel commercially available for i programming for persons other than the Franchisee for a fee or charge, or other considerations to be paid by those persons to the Franchisee. (7) Programming means the process of causing television programs or other patterns of signals in video, voice or data formats to be transmitted on the cable communications system, and includes all programs or patterns of signals transmitted or capable of being ` transmitted, on the cable- communications system. means LSIG Sldr=ac! of, ana t the spaci above and below, any public street, road, alley, highway, dedicated way, local access road or road easement used or intended ` to be used by the general public for motor vehicles, and any utility' easement within the City, to the extent the City has the right to allow the Franchisee to use them. Section 5.14.020 Authority, The City Council of they City of Tigard recognizes, declares and establishes the authority to regulate the construction, operation and maintenance of cable communications systems thereinafter "systems") for the area located within the City limits and to exercise all powers necessary for that purpose, including, but not limited to, the following: (1) To grant by resolution nonexclusive franchiser for the development and operation of a system or systems; Ordinance No. ~ q c~~ r I , (2) To impose °different franchise requirements € based on reasonable classifications; j, ? (3) To impose a franchise fee; i (4) To cep-tract, jointly agree or otherwise provide with other local or regional governments, counties or special districts for the 3 development, operation, and/or regulation of systems, or franchises therefor, notwithstanding the fact that the systems extend beyond the jurisdiction of the City; (5) To purchase, hire, construct, own, maintain, 1. ? operate or lease a system and to acquire property necessary for any such purpose; A (6) To regulate and supervise all facets of a 1 system, including but not limited to: 1 (a) Consumer service, consumer protection and privacy standards. (b) Disputes among the City, Franchisees, and subscribers. (c) Franchisee fair employment practices. t (d) he ce sioprmcnt, mana ement and r-cnntrol . of access channels. ~ (e) Programming, channel capacity anc: system E interconnections. (f) Rates and review of f inances for rate L i adjustments. e> (g) Construction timetables, stand a=ds, and service extension policies. e; (h) Modernization and upgrade of technical aspects. (i) Leased access channels. (j) Ensuring adherence to federal, state and local reg-ulations. l (k) Franchise transfer and transfer of control - of ownership. 1 r Ordinance No.61 LI, Page 3 to (n) Enforcement of buy-back, lease-back or j option-to--purchase-provisions. (o) Receivership and foreclosure procedures. (p) Compliance with city standards for public 1 rights-of-way. (q) Regulate telecommunications utilities which operate a cable communications system. (7) Reserve the power to exercise this grant of authority to the fullest extent allowed by law, ! and in a manner that is consistent with superior law. i Section 5._14.030 Grant of Franchise Renewal. In the event that the council finds it in the best interests of the City to consider granting a franchise for a system, one of the following procedures shall be used: (1) By reso7.t1t j nn of the Council a...i ~ %it i X Adrz i nistrator shall be directed to prepare request for proposal (hereafter referred to as an 'IRFP") containing at least the following: (a) Information and instructions relating to the preparation and filing of ;yid proposals; (b) Requirements regarding the development, operation and regulation of a system, including but not limited to the following: `-yam ~~f• Ordinance No. Page 4 (A) The length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions, (B) A description of the franchise territory and the extension of service, t (C) Access requirements, (D) The system design, (E) Technical performance= standards, i (F) Fees, records and reporting, 1 (G) Indemnification, insurance, and liability for damages, and (H) Provision of an option for the City to acquire the system upon revocation or expiration of the franchise; (c) Criteria to be used in evaluating applicant proposals. (2) When a person is operating an existing system without a franchise, by resolution of the Council, the City Administrator shall be directed to prepare a proposed franchise, containing at least the requirements listed in (1) (b) above, for presentation to the operator. (3) The Council may award a franchise agreed upon 1 through negotiation with a franchise applicant, upon finding that the following special circumstances exist: Via) The granting of the franchise by negotiation is in the public interest to assure an orderly transition or continuation of cable services for C Lty residents, (b) Thegranting of the franchise by negotiation does not provide the Franchisee with a significant advantage, as to franchise terms and conditions, over RFP Franchisees. (c) The granting of the franchise by negotiation does not encourage favoritism. (d) The granting of the franchise by negotiation will result in service to subscribers comparable to subscribers of RFP franchises. k r: t i- F` F- k.. C t r F 0::d inance No. ty• ~ Pace 5 (e) The use of an RFP, in lieu of a negotiated franchise, would not result in a i recognizable advantage to the City or its r citizens. i ~ The proposed franchise shall, contain at least a the requirements listed in (1)(b) above. (4) The Council, by resolution, mays f (a) Approve the RFP, proposed franchise for k 4'i I existing systems, or proposed negotiated franchise,' as proposed, or modify or otherwise make amendments thereto as it d i et<aas necessary, (b) Authorize the City Administrator to seek bids for a system pursuant to the RFP, F 1 enter discussions with a current operator on the award of a franchise, or negotiate h, a franchise. (5) The Council may award a franchiser only after a public hearing on the proposed franchise, notice of which shall be published in a local newspaper of general circulation in the City at least ton days prior to the date of the hearing. The potential Franchisee shall be notified by mail of the public hearing, pivvaded, however, that no defect in the notice or failure to notifv shall invalidate the franchise awarded. The Council may award the franchise, modify the proposers franchise and award or take no action. (6) No franchise or award thereof shall be deemed final until adoption of a resolution containing the terms and conditions thereof. The Franchisee shall bear the costs of all publications and notices given in connection with the award of the franchise, and the costs incurred by the City in evaluating the proposed franchise. (7) A request for renewal of a franchise will by considered and processed in conformance with Federal Law. The Council may, by resolution, adopt procedures to be followed in the consideration cf a renewal request. Sect 9D __S. 14.044 >Admini2trat j , Communications Chanter and Franrh The Council shall have the power i or all of the following functions (1) MAploy the service of a tech, to assist in the analysis of a to any RFP or proposed fray chapter (2) Act on applications for frani L on of Cable se. i to carry out any r' ical consultant, zy matter related ;hire under this hires; (3) Act on matters which, might constitute grounds for revocation or termination of a franchise pursuant to its terms; (4) Resolve disagreements among Franchisees and public and private users of the system; j (5) Consider requests for rate settings or yj adjustments; (6) Coordinate and facilitate the use of access channels; (7) Act in intergovernmental matters relating to ~'s 3 systems; cooperate with regulators and operators of other systems, and supervise gsat~r%e,a: •~~t~~^.n ~4 ¢vc~i_nznrp (8) Review all Franchisee records required by the franchise and, in the Council's discretion, - require the preparation and filing of information additional to that required by the franchise; (9) Conduct evaluations of the system and the Franchisee°s compliance with franchise requirements at least every three years; (10) Adopt and amend rog-ulations and procedures necessary to enforce franchises and to clarify terms thereof; (11) Appoint an advisory committee to assist the Council in exercising its authority pursuant to this Chapter; (12) Any other actions the Council deems necessary to carry out the purpose of this chapter. ordinance No. CtQ. Gc-f "J page 7 i 1. - i { Seection 5 14 050 Intergovernmental Aareementg The Council may enter into intergovernmental agreements as authorized by Oregon law, with any other jurisdiction to provide for the cooperative regulation and control of any aspect of a cable communications system. Such agreements may provide for the delegation of any and all powers of the Council to an entity provided for in the intergovernmental agreement, except for the powers to enter into or revoke a franchise agreement. Section 5.14 060 Violation Penalties and Remedies, { (1) Violation and penalties. (a) Any person, firm or corporation, other than the City, whether as principal, agent, employee or otherwise, violating .j or causing the violation of any provision of this chapter or performing any of the acts or functions itemized under Section 2(3) of this chapter, which defines a cable communications system, without having been awarded a franchise to perform i said acts or functions pursuant to the terms of this chapter shall be deemed to have conaitted a Class s infraction. 1 yh) "Violation a French isce of any provision of a franchise granted pursuant to this -`E chapter is a Class z infraction. (c) Each violation occurrilIg on a separate day is cans ider ed a separate vicla tion of this chapter. (2) Cumulative Remedies. The rights,remedies and penalties provided in this section are cumulative 'and 'not mutually exclusive and are in addition to any other bights, remedies and penalties available to the City under any other chapter or law. (3) injunctive Relief. Upon authorization by the council, the city attorney may commence an action in the circuit Court or other appropriate court to enjoin the continued violation of any provision of this chapter. ordinance No. a C? Page 8 gection 5.14.D7O Severabil,ity,. ] Invalidity of a section or part of this chapter shall not affect the validity of the remaining sections or parts of sections. Section. 2: Savings Clause. i (1) All terms and conditions, existing in the Columbia Cable Franchise agreement, are not a; amended by this chapter. PASSED: By ~U V1aAe ".10 US vote of all council members present after being read by number and title only, this ' day of L-)0- , 1994. Catherine Wheatley, City Recorder APPROVED: This day of 994. J01 Schwartz, Mayor Anuroved as to forme c l-t~kttorney _ j 7 Date jmc\act?\90024\cabletv.or3(12/9/94) Ordinance No. P Ll•c~`t Page 9 k; AGENDA ITEM O. VISITORS AGENDA' DATE: mmber 27. I r (Limed to 2 minutes or less, please) i t Please sign on the appropriate sh for listed agenda items. The Council wishes to hear from you on i other issue not can the agenda, but asps that you first try to resolve your concerns through staff. ~ Please contact the City Administrator prior to the start of the meeting. Thank you. ~ 2 E 4:= j The City of Tigard will use advancements in technology to improve communications and information flow between citizens, City staff, other agencies and suppliers to meet the fol!owincg objectives: • increase the ability to serve our customers; • streamline operations while optimizing staff time; • provide timely access and dissemination of accurate information; and • implement a cost-effective approach in making decisions about the use of technology. l The term "cost affective' doesn't irnean just the original purchase price, but means the following are considered along with the original purchase price: long-term impact of the purchase and how we will use tha technology; and staff support for maintenance of the hardware, software, and information. COMPUTER STUDY - 3 Recognize that the community and computer ind ustry d e m ands on all'City of Tigard departments has changed over the last five years 1 e Hire a full Time Network System Administrator f=ormalize die responsibiNies of departmental support (Core Group) Develop a 5-year computer p!an i • Implement a more cost erfcotive network architecture r,- f is i, t. 1 DECEMBER 27, 1994 PAUL DE BRUYN, NETWORK SYSTEMS MANAGER GOALS ? Implement computer requirements study Maintain low staffing and low budget ratios Develop a system that can handle today's needs and carry us forward CURRENT SYSTEM Does what it was designed to do, but stretched to its limits Old hardware and software is at the end of its life Old equipment means higher maintenance and reliability problems WHYIMPROVF- IT? Increasing expectations by citizens Increasing requirements by outside agencies City growth means more capacity is needed W.-'-IA T IVPROI~F,,1 LTA1Tc no 1R,E L, 4pJ2 Regional information sharing improved data communications Take advantage of commonalities H'OI VA R E 'v"{F GOING TO DO /7 Upgrade the old hardvrare to newer models Update the so%vare to current versions Upgrade the infrastructure to handle larger flow of data RFSUL TS Capacity for grovAh as City grows Reliability means better response to citizen's needs s Modem, cost-effective system to meet current and future needs ,s AGENDA ITEM # a. For Agenda of Decembgr 27, 1994 , CITY OF TIGARD, OREGON f COUNCIL AGENDA ITEM SU Y ISSUE/AG VA TITLE -A thorr'ize City A nistr or to a n--'PL3 A Contract ~ f. ~$ce o Cone~i~ eetinQ gable - BY: ~at3 ey DEFT.' HEAD OK CITY ADMIN OK PREPARED s' E ?3EF0 R cOTMIL Should the City continue to contract with the Tualatin valley community Access for lives/videotaped gavel-to-gavel coverage of Council business meetings for Fiscal Year 94°957 1 STAFF RECOMMENDATION _ Authorize the City Administrator to sign the Agreement for Government Access a Production Services. IINFO I'IOFd RY t The proposed agreement provides for increases in costs as follows: ( ~3esca~ ?s~ ea This Y~x.~ l 1 l Coverage for ineetirng 9..1 B? li~- arm y ti r3 ti 225.00 C Each additional hour 70.00 73.00 { f Cope of video tape 4.50 4.50 PP f. Tualatin Valle Community IDccas~ t y (TV CA) conducts the Council cable c ~ productions. Can October 1, 1994, TVC:A separated from Xletropoli`4.:Fan 2--re -a Communication commission (NACC:) and becare a non-profit organization. No 1 additional rate increases or changes in coverage are requested. a° O,;~ `9 ~ (A copy of the full ag'~cemn ~.n ~ is- available in 'the S City Reccraler office.) i FISCAL T.iCTES Iui estimated $e5, 2qO cost for the year is included in the City Administration ~ contractual services budget. ~ ~ h:`4o~i¢~~c3Ch;?~tvco.4h 1 i , 1 1 AGENDA ITEM ,r- For Agenda of December 27 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1 ISSUE/AGE31DA TITLE COmprehens.ive Plan M Amendment CPA 93-0009 Zone Change' ZON 93-0003 PREPARED BY: Roberts DEPT HEAD OK CITY .ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council adopt the added conditions of approval in order to revise the final order as directed during the motion to approve this a application at the December 13, 1994 Public Hearing? -;1 STAFF RECOMMENDATION j Staff recommends that the City Council adopt the revised final order subject to the added conditions of approval. INFORMATION SUMMARY During the December 13th Public Hearing the Council approved the Albertson's 'application subject to additional conditions of approval. which were to be. brought back for review by the Council in order to address issues raised duping the Public Hearing. i r ua "ditlonal seven conditions of approval have been added to address these i concex"ns : 1. A Public Hearing is required similar to the zone change process required within the Community Commercial Zoning District is required prior to a modification to the approved site plan to add an automobile access from the site onto Stid Northview Drive. 2. All facilities maintenance and loading activities shall take place after 6:00 a.m. and before 11:00 p.m.. 3. windows shall be included in the grocery store facade facing SW Walnut Street. A minimum of four windows shall be provided bewtween each columned facade area. 4. A. covered walkway area in front of the grocery store is required. 5. A minimum of five feet of unobstrucred walkway area shall be provided in front of the store which is free of display materials or other pedestrian obstructions. b 6. The southerly driveway onto old Scholls Ferry Road shall be moved approximately 13 feet to the south for an improved driveway alignment i 1 f _ { with the multiple family project proposed to the west of the site. a 7. The applicant has been required to provide the City with a permanent ,easement for the Northview Driveway, Notice of the public hearing would be provided prior to approval of construction of the driveway connection. The condition also requires that the applicant pay for all future driveway construction activities_ OTHER ALTERNATIVES CONSIDERED G 1. Approve the attached final order with the revised conditions of approval j 2. Modify the revised conditions, adopt the modified final order and direct staff to prepare a final order as revised. 1 FISCAL NOTES 1 No direct fiscal impacts. r, i j j { i 4 j 1 1 i ~ i i COUNCIL AGENDA ITEM OV 1Z 9 ) t~3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUM14ARY AGENDA OF: DATE SUBMITTED: December 6. 1994 ISSUE/AGENDA TITLE: e ral-arg-a t PREVIOUS ACTION: R.eMWEit PREPARED ELY: Rona_ld._ 1Q. Po_od caster DEPT EGAD OR CITY ADMIN OX yl, REQUESTED BY: Rona.l-d D. Goodpaster ISSUE BEFORE THE COU ICU Should the council approve -the attached application for funding for 2 police officers under the Federal C . O. P . S . Gran:. Program? STAF'F' RECOMNENDATION Staff recommendation is to approve request. h J_L7r ®.Z14 T1.V~ 1 ~xt Refer to attached memorandum and face sweets. PROPOSED AT,1rE7,CjTAT1VES Not approve. ^78C~All NOT ~ S If au-hori zed, thy, City would need to approve fLlmding to cover the cost of the two officers after the C.O.P.S. $75,000 per officer ran out, which would be in the 17th. month, of -their employT.zent" . Tn addition to lile salary and banefits, $15,000 would be needed to pay fo- un;-forms, to cover overtime, and to provide training and materials. Total cost to the City nor each, if they were hi red 7-1--95, uaul d be $285,022 through our new tax base to 6-30-01. i r ;i i i 1 MEMORANDUM i TIGARD POLICE DEPARTMENT i 1 TO: Dill Monahan City Administrator FROM: Ronald D. Goodpaster Chief of Police .j DATE: December 6, 1994 i SUBJECT: Federal Grant Request j Attached is a copy of a Federal grant application for two additional uolice officers under the Federal Crime Bill. The Federal grant will pay up to 75 percent or $75,000, whichever j is the least, of an officer's cost, including salary and benefits for a_3-year period. Refer to attached financial projections based on hiring an officer at Step 1 or Step 2. The projections identify the Federal/City split under both scenarios. a The grant application requests two officers that would be used in a storefront/community policing project and would' work at discussions with, i3r. Washington Square. I have already had ~P Reardon, the adDi.nistrator at 1 ashington Square, who will provide ! work space for the program. _ pith, rmrpose 'of the. two o l~_cers would be to have at least one officer assigned inside the square during their open hours to handle cai 4s and complaints and to assist the square security strat:f. . These- officers would also provide inforn.ation, answer c uestion o, and :assist the general public with Issues, concerns or questions regarding police services in Tigard. They would also be able to anstaar and assist the general citizenry ~,aith qua-sti.ono regarding the City of Tigard. If approved, then officers would take significant -:impact, off patrol, since Washington Square accounts for approximately 21 percent of all of our Part I and Part II reports. This would also allow us to better utisiza our patrol personnel and address issues thronaghout the rest of the City of Tigard. The initial one-page ar,plication attached needs to be filed with the COPS Program in Washington by December 31, 1994. Also attached is additional g=.moral information regarding the Federal grant program and the conditions and application process. The COPS Program would notify us by February 1, 1995, if we were successful or not in obtaining a grant. If you have any questions regarding -his issue, please feel free to contact -:u at your convenience. m Offics dCc y Wand 1 'ms Srsvim 633 A HW.3dFt = 314-2033 w Dc 2MI FAX OM 1144M pll, nt 0Mmnb=VoWG t.0921 NAM Cit y o Oregon i En raentEmc 'sN..... Ronald D. Good naster,Chief of Police- Addnm 13125 SW Hall Blvd. Ti "rd Stab Qreon Zip Code 97223 CRY c1cs 503) 639-6168 FAX ( 503) 684 -5654 Gavemment ExccudWs Name Bill Monain, Cit y Administrator AddrMw 13125 Sid Hall Blvd. city/ Tigard Buts . Orap-ron- mp code 2ZZZ3 Teta hon - 503 639-4171 FAX (503) 684-7297 p g Number of Officera Requested Through FAST Actual Number of om Offlcem Peri'oelning Law Enfamemernt Functiofte of 1011194 ® ! 46 10,6 ---j C1s:z c r c:?'9+ 9d UC 9 2115 ctan,ju ~ G' S~) [X2,145 ,37,044 los -.y Lcwil ,1PS wa! cc- it Pcsr M. z [El , 600 - F- th3 npps "r-tstt gam: iXaM n doUnqucM on ny fetf,vT 9 d bt? (W arg3wi'. lea YC3, p*a, Zo ap-)"h an r6at ~w~cs.) y t D t, 0 FRO 1 ccrt & rh,2r the informadon prr-Lf d or this fora is iruc and acrurcre to the best of mJ 6 xo sledge. 1,m-,en-stand Ira; the aapiic,lnt t :8 ca,npfy :pith the ayrurcnccs on the reverse side d2-- assistance is asvvded On b- Izalfaf the applicant, 1 eeraijy compliarxs trick[ the crprlicabic regaircra`r✓t7 of the Cc,- ifiratiow Regar&n? Lobbinng, Gsb arrrert. Suspcrrrion and 01hl !r I srponsibility d7attePS: Dmr -free F'orsp 6 Roqutrcr:snes: ora,^s[t,~ltantirng. ~ C4vertsniona C;tc:ztatlrt0'r 'v+1 6 Si rY Rc=n this forta po=, x--;!,zA by D-cc;inber 31, 1494 to: COPS O,ilce. P.O. Box I4490, W--hitsgtan, DC 2004. O•acmieJtt [mil: 633 Ir,.ism-a AvL-M-A'1J, Tldrd rivor. D: 20531. FAX: (202) 514-9272, Fu a r-y^rn s ~rzrd~ f s r cf Eafc a ba is c^ -d -i 43 :.ea rz^ r raq^. imlrL•a 6ma fcr r pie=;+ ~g irzn,via:r, xc~etvvr ~-si^ pia e-= -c of c" a i.. + .rr:. frs rx^ of Ccr,+:...ry C+ra;~d V3 a 4 a M P{F1. T 1 Fid hxr a ! Z(5:1. 9 rn t = F._a _ t3_s t r rs Frc L 1105 Ckbl U .s cf k f-- h d Ae° eY A~ u~ 0 w cf R. :~=mar z. d Dszl„,L DC 1)502- = t 7t 9 COPS FAST k,",,,:~)rl"Ication i J ~ Assurances Several provisions of federal l and policy apply to all grant programs. We (the Office of Community Oriented Policing Seavic ) need to secure your assurance that you (the 4pplic t) will comply with these provisions; If you would like er information about any of the matters on which we seek your assurance, ply contact us. By your authorized representative's signature, you assure us and certify to us that, if the grrnett is awarded, you will comply with all legal and administrative requirements that govern the acceptance and use of federal gent funds. In particular, you assure us that: 1. You have been legally and officially authorized by than national origin, gender. dlsabiNty or age, unlawfully appmpriate governing beady (for ommple. mayor or city exclude any person from participation in, deny the council) to apply for this grant and Vurt the pemns signing boadh or employment to any person, or subject any the appration and these assuriances on your behalf are person to discriminatlen in connection with any programs autr rafted to do so and to act on your behalf vAth respect to or aclivitles; funded In whole or In part with federal funds. any Issues that nay arise during processing of d da applica- These edvil rights requirements are found in the nondis- tion, c rfrninallon pm=ions of the Omnibus Crime Control and Safe Streets Act of INS, as amended (42 U.S.C. 2. You mill comply with the provi=_,'sons of fsderal luv which § 3789(d)); Title VI of the Civil Rights Act of 1964, as limit certain political a ultles of your employees whose amended (42 U.S.C. S 2000d); the Indian Civil principal emp d is In connection with an activity Rights Act (2S U.S.C. ff 1301-1303); Section 504 of Paean-d In rrf'rotra r; In pa.Rw-Kh this grant These matric- the Rehabilitation Act of 1973, as amended (29 tioni S--t feed: firs 5 U.S.C. § 1501, U.S.C. S 794); Tift 11, Subtitle A of the Americans %vith Oisabliifles Act (ADA)'(42 U.S C, § 12101 3. You fSl a its ',y Mis, :E1 ri-0nira+.um v'j e wd zira Urn m.); the Age 0iscrimim 1 adon Act of 1975 (42 U.S.C. :mot ~G ,a e_._~e r ce_-lords a,! -r ._.w.,..__._s. ___.r thoy cppiy to ou. 6101, § and Department of Justice Non- Dizaiminataon Regulations contained In Title 28, Parts 35 h Yd u t sa I o -f.Ai; rds, i= you trove rat dunO so and 42 (wubpans C. D. E and U) o€tha Code of Fodrr-f to prohNI ernpiaye 'fry, m using ihiir ,pos'cnn for LUgpUi3tigns. a purpc l tlmt i. Cr Givcs the oppa of ba-inq, mct:4 A. In the euont ti^t any murk or: dministrativa t ted by in d :sire for prav ]ta Vin for thcprtz0re: or other, lin of discrimination of 4cr 3 ~6r} makes p2rz cu; ar{y 'hne o `iii ' ilo.m; 8-1-cw havo fair j' bu2imnsZ, or ra", eat t you iangira rrigi or r sex against you , , religion, color ram, national tr;l„r ties. Per a due process hearing, you agrc a to forward a copy 5. You Edit give u cr tfii Comptroller G rat s 4o of the finding to the Office of General Counse;, COPS, P.O. Box 14440, Washington, 290w.4. and the rictht to examine rcrords and dccurnctntz n ,ud to tho grant. 13. If yore are applying for a gran, of 355-00,0CO or 0. You will cen * rh1h all require, me:nts impo cd by us as a rncro and Department regulations (23 CFR 42.301 ~2 a } quira you to submit an Equal Opportunity Emp6oy- amclign or adiministrative r°quirarr;,n. often grnt, %,AZh tlzo rr,29t lon, you will do so at the tiroo of tNa applii- icy, if r*oquiroments of OMB Circulars A-87 (governing cast ycu h,:va riot dons vo in the past. fo.u{ tir,sns),and A-128 (governing audits), vdih the epp{i_ cz-bio provisions of the Omnibus Crime Control and Sufi facifiiics under your O:Ynn9 ~{;i 9 You rat{l iaa~ur~ that 'the p, Wit, catE..~ct c)1~59, a amended, with 28 CFR Part 6u lease or supervision which shaft' be utilized in b`~o (Uniform Administrative Requirements), vvr,ia tho pr ovisiorl , $ mplishment of the project are not listed on the of the air curt edition of the Office of Justico Pmaramz; Environments! Protection Agency's (EPA) list of Via:sting Finzne: i a°sd Admini o Guide for Gray°l. and %-J'Lh o ii F~ecTrd;m and that you will notify us if you arp adviyed by oiler: ppiiwtb,o ,awe, orders, rcqulatlcm;, or ciroulara. Vi}; EPA indicating that a facility to be used in th{a grant is 7. Ycu arid, to the extent p acti--bfe, seek, Mcruit, and hire undQr consideration for {fisting by EPA. rr.W z.bar of mcicl and cshnic rninorittf rroup2 cmd woman in i0. IT your s 'rte l~~s s t3calish cc a i -vie:'a and comment crl. r to ir=ase tiv° it r finks within th3 swzrn -azitions in prcycg-durc under EZeeulive Order 12372 and has ycurngynry. t:`~s procJr<:m for rvi~w, you hare; rrsadtn tai: ^N' son ava fr;fi~, for review by the State Single Print 5. You Fr.,i net, on the ~yaund o mom, color, r~i:c=on, cif C aro,-,ct. C^_. , 171,^9 (~7 ''l - 11/15;94 City Of Tigard Officer Step 1 1 j Wages & Federal General Benefits Grant Funds r July 95 4,387 4,387 Aug 95 4,387 4,387 Sept 95 4,387 4,387 , Oct 95 4,387 4,387 Nov 95 4,387 4,387 ` Dec 95 4,387 4,387 a Jan 98 4,387 4,387 I Feb 96 4,387 4,387 March 96 4,387 4,387 ; April 98 4,387 4,387 May 96 4,387 4,387 Jane 96 4,387 4,387 July 96 4,519 4,518 ` Aug 96 4,519 4,519 Sept 96 - 4,519 4,519 Oct 96 4,519 4,519 Nov 96 4,519 4,282 237 Dec 96 4,519 4,519 i Jan 97 4,519 4,519 Feb 97 4,519 4,519 March 97 4,519 4,519 ? n7 :19 4.519 may 97 4,519 4,519 Juno i 97 4,519 4,519 i 91/98 55,859 55,x;53 98/99 57,526 57,526 99/39 59,251 59,251 00110i 61,329 61,329 Total 6 yr costs 340,523 75,000 265,523 Percentage Funded 22.02% 77.98% S i 11/15/94 j City Of Yigard Officer Step 2 !Magee & Federal General Benefits Grant Funds July 95 4,606 4,606 Aug 95 4,606 4,605 Sept 95 4,646 4,606 Oct 95 4,606 4,606 Nov 95 4,606 4,606 Dec 95 4,606 4,606 ra Jan 96 4,606 4,606 Feb 96 4,606 4,606 March 96 4,606 4,606 April 96 4,606 4,606 May 96 4,606 4,606 June 96 4,606 4,606 July 96 4,744 4,744 j Aug 96 4,744 4,744 Sept 96 4,744 4,744 Oct 96 4,744 4,744 Nov 9S 4,744 751 3,993 Dec 96 4,744 4,744 Jan 97 4,744 4,144 _ Feb 97 4,744 %744 March 97 4,744 4,744 0 ~7 4,74 4,744 Llay 97 4,744 4,744 June 97 4,744 4,744 97/95 65,636 55,633 f F: F lpp I r' ~ r j U.S. Departtm t of Justice U.3. s tic 7 Y. LRepartment q t - Community Oriented Policing Services i Funding edit for Smaller Towns (COPS FAST) for Populations under 50, ~ Program Information 13 Up to $165 million in grants will be made under The COPS FAST Application is one of several COPS PAST to state, local and other public law enforce- t approaches developed by the Department of Justice under meet agencies which serve populations under 50,000. If F the 11iolent Crime Control and Law Enforcement Act of requests exceed the funds available, the amount or start- 1994 to speed the deployment of new officcrs devoted to ing dare of grants may be adjusted to aecomrnodrtz dc- cormnitmiq, policing on the streets and rural routes in this mand. nation. As dh=ted by Congress, the FAST Alp 1i &Lnatically simplifies the task of applying for a federal Funding will begun oncti Crd FAST Application has grant The PAST Application may be used by Jurtsd,c- iacen approved arid the new office, 7 have been sworn. tions wide populations under 5a,000, while, the COPS ~ Grants mill be made for up to 7p::ric.uz cf v ° *otal sal-- AHEZ appro..ch will expedite the 11i g by agencies ~ ary and bcnefits of each officer over three years, up to a serving larger popuist-ons. ! maxima:- of 575,000 pcr oficcr. Fu- in ing 'rov'SS20,13, 0 The 'B=AST Application a till-in-thL-blame, one page foam will be available by November 1, 1994. The application will request basic identifying information ebout the ag=cy, the number ofpolice officers currently on the force anal the nur_tbcr of new officers requested, basic f.nmicial L.T1formation, and art agreemcat to amide by standard legal rcquirernents. 0 Completed applic-nxions will he due to the COPS Of See by D-_ceinbcr 31, 19,74. Tiie COPS Office will in- form the a endy of an cufhorized hiring level, by February 1, 1995. Befoze finding may begin, jutisdictions'desig- .mted for grading will be rvquircd to submit necessary budget Lnfo,-itntien rnd a brief, satisfactory description of co-, irn 3. ;rv PcHc'us ~ P1a:ts. Tet:L-sa.Cal ^^1SteueL. !Yi~~3 t.Y]~. davelopmcat of polic€;ug plans rill be provided to juris- dic ions in nc d of sucli asLwrca. 0 COPS grant funds must not be used to replace funds that eligible agencies otherwiLe would have devoted to future officer hiring. In other words, any hiring under the COPS program must be in addition to, and not in lieu of pmvious hiring pla cs. El In hiring new officers, agencies may not reduce the scope of their' customary screening and training proce- dures, and must include community policing principles in heir training curricula. In addition, to the extent practi- cable, COPS grant funds should be wzd to increase the representation of women and racial and ethnic muao-6taes within the ranks of sworn officers. GYt ._v 15, "ey?A 0 An award under COTS FAST will not affect the con- sir,'eratioa or an agcrcy's application for a grant under any cth--- COPS progm-n. PL-n agency that received ftm ding uriOer COPS Please F is cligibIc to rcccivc additional fund- Lt.- tmdcr COPS FAST. 1 j L . WE W&VEMMEEM i ~ - U.S. Department of Justice Office of Community Oriented Foiicing Services CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE ; REQUIREMENTS; 'S; AND NON-SUPPLANTING Although the Deparmbant of Justice has roads every effort to simplify the ,rlication prom, other provisions of fc• ml lave i require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the in~ rinses far certification included in the regulations to understand &A requirements. The signature of the applicant's representative en the application provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions art Lobbying" and ` 28 CFR Part 67. *Government-wide Debarment sad Suspension (ldonprocurement) and Government-wide Requirements for Bra- Free Waftlasas (GrsntsN' and the non-supplanting requirements of the Violent Crime Control and Law Enforcement Act of 1994. The aaraifrcations stall be trested as a material representation of fact upon which reliance will be placed when tha Department of ti Justice determines to avmd the covered g =L F ~ t C®t3YiNta (I) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of F„ As required by Section 1332, 7if a 31 of the U.S. Code, Federal benefits by a State or Federal court, or voluntarily j and ltnplernented at 26 CFR Part 69, for persons entering excluded from covered transactions by any Federal t into a grant or cooperatives agreement over $100,000, as department or agency; defined at 26 CFR Part 69. the applicant certifies that: (D Have not within a three-year period preceding this (a) No Federal appropriated funds have been paid or Will application been convicted of or had a civil judgment be paid, by or on behalf of the undersigned, to any person rendered against them for commission of fraud or a for influencing or attempting to influence ate. officer or criminal oftrise In connection with obtaining, attempting to employee of any agency. a Member of Congress, an obtain, or performing public (Federal, State, or iocan F of rear or employee of Congress, or an employee of a tran3action or contract under a public transaction; viola- Mcrrib ar of Congress in connection wraith the meWng of any Tien of Federal or State antitrust statutes or comml=cn of Federal rarant, the entering Into of any wopcrativ,~ embezzlement, theft, forgery,, bribery, falsification or c m r: and thrz; esxtans rr continuation, renevml, desirucdon of record , making falea statements, or 7 rvv. n,1n Y mee,d3tl..~+ 4' C p rccelVlng stolen property; raoper 6vc agreement; (is) If nny fu: ds other than Federal appmpJa-tcri rands h,we boon paid or will bu paid to airy parson for irrBienc- incg cr attempting to inflaorica on officr.,r or employee of u ny c gency, a Member of Congress, an officer or ern- ployea of Congraa3, or an employee of a Member of Congress in connection with this Federal grant or coop- emativo agreement, The undersigned shall complete and submit Standard Form - LLL, `Disclosure of Lobbying Ac',i°sitles," in'acccrusr e with its instructions. (9lonk copra of Stand rd Form - LLL can b€r obtained front the nec~rtrnsnt of JI.IPtj6rj Responoe Center rat: (SOD) 421- 67's 0); (c) Tna undemigned" shall require th ut the languagd of this cerfifr=lion bo induded in tho aJuard dccurnCn?s for all su,Lveord, e: P:; tier-, (including subcran's, ccntmda unsWr grant, and coops -ative agraornonts, and subcen- _t;) ind True aR e.z1--r-ccipizr:t., she^u cortiFy and d Zees= a=:sdingly. 2. CEEARPJ 2 NT, SUSPc:Ad310.1d, AN'0 GTH R RE- Si=0,'aSll^JiLI17 7,U'ATT'ERS (OMPIEC:T FIECIF'IENT) Cio Are not proscrrf:y indicted for or othen.viss crir ixmI.iy or civilly charged by a ouorrmcnFal end (Federal, SbO, or ill) s :lh co rr,i:'lion of any of the cftr o os, enurnzmolzd in p nagraph (A)(j) of this c,rWflc ,tion; rand (iv) Hawn not within a thrc~_-year peecd 'orecading this application h_-d one or more public transactions (i=edzrJ, Stara, or loci) terrn'inatad for cause or default; and B. Miore tro aprlicart i;3 una~lc to cWrtiny+ to nny of tho atatemnnts in thi, corfi cation, has or cho shall nttadi an ex,planaticn to tilis apple ation. 3. DRUG-FRE'e VIORKPLACE (0,r 1T-RES GTHEF1 THAI,) i-% 3DlViLDU `at.S) As required by tire; Drug-Froz, Wcrkpiz c Act of 1663, and imnlemontad at 26 CFR f° art 67, Subpart F, for grantz=_s, as doiaf;'ad at 26 CFR Part 67 Scc1!on5 67.0-15 ano' 67.620- A. i ire applicant c:DrtiFn~s Liat it +.4ili or vuill come ,%a la provido a drug-f,e : warltpls;a by: As required by Fxuculiv:a Order 12:549, L7zbarrrant and Puba hind a r,-T'';rncnt nol: yi ng crnpl ay ccs, that Who Sucp5msion, and implcrr anted at 23 CFR Pa: t 67, for ut ,.viiul reran ufacturc, dizlributon, di sr-o nein g, p-a.. prose-cctv.-.3 p Ajcr pzenfo in prur;3ry cave;rsd luoria.c:iono, cicn, or uzzo of a eontr0od .°_,a6smtmnc8 i:a fr,,t it st d in tho ns d i,nad nt 26 CFR Par', 67, cc,,cm 67.510 - gra,nleo's work ,p!nca and cpzd yn9 Uhl G .:.F ftat a:ill bd ti"-an c: , rlo`y',.z,.,5 for v'W4 ^.:lj%{ r. of sut_1 pr.rjhibiol ri; ' ' A. The sppl'cont C":rZi ies that i', and its psncioaiy: I °n.-:iralwc at t h, upplicrion ccn.m'11's c_--*5sucM as to the" ;rocicions. COPS UC'W7 i 00 Establishing an on-going drug-free area s program to such purposes by a Federal, State, or local health, law Info= employees about - enforcement or other appropriate agency; (a) The dangers of drug abuse In the workplace; (vil) Making a good faith effort to continue to maintain a (b) The gran#ea's policy of maintaining a drug-face work- drug-f a workplace through Implementation of para. graphs (1). (ii). (Ili), (iv), (v), and (vi). place; (c) any available drug cuheling, r.tlon, and B. The grantee may insert In the spaces provided below Via site(s) for the performance of work done In connection ern ace programs; and with the specific grant: (d) The penalties that may be Imposed upon erivloyea s for Place of Performance (Street address, city, county, state, drug abuse violations occurring in the workplace; zip code) (iii) Making It a requirement that each employee to be engaged in the performance of #,a grant be given s copy of the statement required by paragraph (i); ('Iv) Notifying the employee in the statement required by paragraph (f) that, as a condition of employment under the Check ® if there are workplaces on file that are not grant, the employee will - Identified hems. (a) Abide by the terms of the statement; and Section 67.630 of the regulations provides that a grantee (b) Notify thy, employer In w-riting of his or her conviction for a that is a State may elect to make one cprt^fication In each fiscal year, a copy of which should be included Federal violation of a Ctin?inal drug w.-#u4e occurring In the workplace Vpitth each application for Department of Justice funding. rho later than fvo crsl4ndar :;yw after such conviction; States and State agencies may elect to use 4JF Form (v) l3oY ty ing . the zCpncrr, in willing, wit:rn 10 cwenuar days 4 01R. ift r rc:;.iving nr tec-- under subparagraph &)(b) from =n Ch-1-k Q if the State has elected to cnrnpi to CJF e n, na szr othapnico r iving actual notices of such Form 405V7. cnnyiction. Erployers of convicted employees motet provide r;ct€ca, lncludln pr, i,>sh title, to: 'COPS Program. P.Q. Sox 4. HION-SUPPLA114TiNG 144.10, Washington, D.C. 20044. Notice: shall include the identiticati;,n number(s) of each affected omrrt; Tho applicant hereby certifies that Fedoral funds will not (vi) Taking rJ a. of t;ciic~raing ac bons. t<ids;n 30 ~~i nd&r ( , -io f (vi) ba used to replace or supplant State or local fundc, ar funds supplied by the Bureau of Indian Affairs, thit would, of subparagraph (iv)(b), v' ca nz under days of re oivin subbpcrag aph ence'of federal aid, be made avaRablo for Cho. in the abs grey o rn p;oyea who is ~ nip oym_nt of law enforcement officers. (a) Tekii-tq appropri to porGonnel aeon against such an THe cpplicant further certifies that funds requ`red to pay employee, up to and €-iduding tarmination, con istont wilm the fh2 rar:-fsdera.l or 'cash match' portion of the grant requirements of 4.ho Pehabilitation Act of 1973, as arrendr d; is 7 ern shall be in eddit on to funds that would otherwise p or r a ( <squir ng such err,p'~, .oJ~a to participate satisfactorily in a bo nrdo avoilabie far the employment of lao enforce- Mont ofncsrs. drug abuso assistance or r- habilitation program approved for .'91 (L~~rk) CCi?: CIE, ARIZONA DELAWARE anise Gunn Francine Booth Arizona State Clearinghouse State Single Point of Contact 3800 N. Central Avenue Executive Department Fourteenth Floor Thorras Collins Building Phoenix, Arizona 36012 Dover, Delaware 18903 Telephone: (602) 260-1315 Telephone: (302) 939-3326 i FAX: (M) 230-1305 FAX: (302) 739.50'61 ARKANSAS Mr. Tracy L. Ccpc!3nd M,anagor, Si to Cla; Cnphouse of Intergov,:--tr.enlal Sat-vicel, ocspartmmm of Fimmncs and Adx ni;,- tr*ft l 1315 W. 70 St., r cony 412 Little Re A,-hcnzas 72 203 DIM= OF COLUP,^DNA chaste, Ni.: ho!s Si2je Single Point of Contact ofiici~ of CranL3 Mi0rrK. & D„v. 711 14fy SVC-Ct, N.W. - Suite 500 Wnshing',an, DC 20G05 Telephone: (202) 727-351 FAX: (202) 7271617 'reiephone: (wV) 6:32-1074 FAX: ( 501) 6182-5206 Crnntz Coord'MIZOr atia;e of Planning t Rclse mhe 1.100 Tenon Str",,, Room 121 cn,-.- -th .^.nlifnrtia 9,5814 FLORMA S?=nrtno Traub-Metlay Florida State Clearinghouze int::s clmmmentat Affairs Pali -~y !Jni4 Exc ivo mice of the Govorr-or '11st3 C pitol (Room 1803) Ta!lahw:,-.ov, Monde 32309". JOCi1 GEORGIA Charles H. Badger Administrator Georgia State Clearinghouse 254 Washington Street, S.W. - Roam 401 J Atlanta, Georgia 30334 Tel phone: (404) 656-3855 or (404) 656-3829 FAY: (404) 656-79330 I:.L NO Stave Kloc xeng-n Stag Singly. P&A of Contact Office of the C;ivernor 107 Stratton Bui!d ng Spin eld, IlVnois 32706 Telephone: (217) 782-1671 FF4X: (217) 782-6620 INMAHA F,•anoas E. ~'lillicans State Budget Agency 212 State I-{ou-o Indiwnapals, Indh n 40204, Te!epron,o: (317) 232.-2 72 FAX: (317) 233-3323 In Cccorda ,r wE h xe ripe C.d., ti372, titer ove suneraal >.ixsi or 1 edrt, ' c oyr,°s , this i¢;tag rcpfss„& t <t de~i~nt;ted 9ta ; S rate Point, of Corti2 The t.'fi ce of P.ru1~.~e a Wni , rd Dud;a Fwatof c,j= f0v up&futg this liming is: D- mta RNnlli (202) 393-5090. T:e szats not its%d no to i z c 2 y tc Ll s' Fmc=. Tl:eye in~t, cla: Alabama; Alaska; Colotado; Connecticut; Kansas; I wx6i; Idaho; Lcuisirna; bS,n, snYu; Mosmm-1; T b, vs z. O: iC`;onla C e cn: I r v y,vr. i South I3attcsm Vugit w and Washington. This list is based on the tram cwmm tie ation provid.d by ezc s=l. Infor..'i'::ott on cry ch,5 cr ,;p~r::t amts culd be provided to t% Office of M,, u3--r-;at rnd Bud ;et and t%-: SL'° in y~ 4 r: -ftn. Ch,=-,T% to Eh C Iut will oniy',, r,,Z Up-nn for.-.:J r.cti5 an by the St-•, ,Also, thb llatng is pt:btst--d biz r.u,41y in the C a 'n~L of ICecsa' fs;ist i IOWA Steven R. McCann Division for Community Assistance Town Department of Economic Devel- opment 200 East Grant Avenue Des Molnes, Iowa 50309 Telephone: (515) 242-4719 FAX: (515) 24259 KENTUCKY Ronald W. Cook Office of the Governor Department of Local Government 1024 Capitol Center Drive Frankfort. Kentucky 40601°8204 Telephone: (502) 573-2382 FAX: (502) 583-2512 T.,.-i Tel~,phrnrc: (207) 287-3251 FAX: (207) 297-1,-4Fi9 MICHIGAN Richard S. Pastula, Director office of Federal Grants Michigan Department of Commerce P.O. Box 30225 Lansing, Michigan 48909 Telephone: (517) 373-7356 FAX: (517) 373.8883 IMSSISSIPPI Cathy Malette Clearinghouse Officer OIi of Federal Grant Management and Reporting Department of Finance and Adminis lion 301 West Pearl Street Jackson, Mississippi 390203 Telephone: (601) 949-2174 FAX: (601) 949-2125 MISSOURI Lots Pohl Federal Assistance Clearinghouse Office of Administration P.O. Box 908 oom 760, Truman Building ,;;:¢'~.r•„~n f`.iht' AAi~^euri 651 Q2 MARYLO f3D Roland E. En"giish III Chicf, SL,te Claarin5heuse. for inter- govamman9ei A.sSS stance Maly rld C?;Tioa r'f PI nning 301 W. Preston e Vcct - Room 110='b dial?irror~re. &~r~iard 21301-23-35 Telephone: (410) 225-4490 FAX: (410) 225-4-130 MA2AC~9UGMS Karon Aroe .states Clearinghouse Execedvia Office of Commuv. tias and Development 100 C. rnbridge Stres-t, Room 1803 Boston, Rags>achusolts 02202 Telephone: (617) 727-7001 oxL 443 FAX: (617) 727-1259 Telephone: (.314) 751-4834 FAX: (314) 751-7819 NEVADA Department of Adrninist vtion State Clearinghouse Capctoi Complex Canon City, Nev?da 89710 Tolephona: (702) 637-4065 FAX: (707-) 697-3983 NEW HAMPSHIRE NEWJERSEY GreCory W. Adkins, Director Division of Community Resources New Jersey Departmnt of Community Affairs Please diract sil correspondence and questions about Intergovernmental review to: Andrew J. Jaskolka~ State Review Process Division of Community Resources CN 814, Doom 6W9 Trenton. New Jersey 08625-0814 Telephone: (805) 292-9025 tra- FAX: (609) 934-0386 NEW MEXICO George Elliott Deputy Director State Budget Division Room 190 Bataan Memorial Building Santa Fe, New Mexico 87503 Telephone: (505) 827-3640 WEW YORK New York State Cle-rdnghouse Oivi-ian of the Sudpet State Capitol Albany, Now Yortc 12224 Telephone: (513) 474-1005 WORTH CA'1 OLMA Chas Baggatt, Director N.C. State Clearinghouse Office of the Secretary of Admin. 116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone: (919) 733-7232 FAX: (919) 733-9571 Jaffrey I-1. Taylor Director, Net" Hampshirc OrT~co of State 47i3nning Attn: Iritcrgovernrnentel Ravi a,;s Procasr Jcrn2a E. Bicbcr 2 1P6 2aocon Street Concord, Nwdv Hampshire 03 301 Tclcphon^: (603) 271-2155 FAX: (003) 271-1728 MOR-91-1 DAKOTA Noy ~h Da;iota Single Point of Contacl O fica of Intergovernmental Assistance G00 East Sculoaard Avenuc Bismarck, North Dakota 58505-0170 Telephone: (701) 224-202M FAX: (701) 224-2303 OHIO TEXAS 1 Larry We Tom Adams - , State Single Point o Contact Director. Intergovernmental Coordination a State Clearinghouse P.O. Sox 13M Office of Budget and Msn r nt Austin. Texas 78711 W East Brad StreeL 34th Flues Columbus, Ohio 43266.0411 Telephone: (512) 463-1771 FAX: (.a12) 463--1984 { Please direct correspoindance and j question about Intergovernmental UTAH rwrlss to: Linda Wise Carolyn Wright Telephone: (614) 8 Utah State Clearinghouse FAX: (614) Office of Planning and Budget Boom 1 16 State Capitol RHODE ISLAND Sa€t Lake City. Utah $4114 Daniel W. Varin Telephone: (801) 538-1535 Associate Director FAX: (801) 538-1547 Department of Adniinistration Division of Planning VERMONT One CaWdof HID. 4th Floor Providence, Rhode Island 028138- Nancy tdicAvoy 5870 State Single Point of Contact Pavilion Office Building Telephone: (401) 277-26M 109 stale street FAX,: (401) 277-208-1 Montpelier. Vermont 06609 Pie-Rse direct correspondence and Telephone: (802) 828-3326 questions to: FAX: (802) 828-3339 Revi~ a Cram";r;^tor Of-ocs of Str,ter.ie Fia,-ming WEST VIRGINIA SOU-j-H C ARUM' Omarzfji+a Burgess SWID Sing!:3 Feint of Contact Grant Servican Otim n of *j n t ovc-mcr 1205 Pena€ ,tcn Stm-zi - R1orn 4,77 Casual )ia, South Catalina 29201 Fred Cut!ip, €3ire&.or Community Davclopment Division W. Virg, inio Dcvc lopmcnt OfFico Building 4 , Room 553 Charleston, Wc st Virginia 25305 a elaphone: (3')4) 55x3-4010 FAX: (304) 558-32413 Telsclisnc: (303) 734-0424 743CONSIN FAX: (803) 734-0305 TFF.z4E"SEE Chari•cs 0rovdn State Single Point of Con=- State: Planning Offer 540 Chcdo""c Avarua John Sejier Building - Suito 303 Nashvil!e, Tennr,-ssec 37233-4-001 :Martha Kerner Socton Chief. Staterrederal Rol ytians Wisconsin Denartanant cf Administration 101 East Wilson Stresf - 6ti Floor P.O. Box 7868 Modiscn, Vftcc sin 53707 Tclyphone: (608) 2+63-2'125 FAX: (eP3) 210-7-6931 TclEepho.nc. (615) 741-1576 Vt'; e:<{a sharyl JofiriState SinG13 Point of Contact Aih f"laar. Eazet V;mg Choyennc, Mcoming 62002 Tcl,-p ~:no: ('307) 777-757 9 Flit: (307)020 --s,W United States Territories GUAM Mr. Giovanni T. Sgamballurl Director Bureau of Budget arrd Mona Reared Office of the Govannor P,O. Box 2950 Agana, Guam 96910 Telephone: 011-671-472-2285 FAX: 011-671-472-2625 PUERTO RICO Norma BurgoslJose E. Caro Chalrw*man/Drector Puerto Rico Planning Board Federal Proposals Review 0 Minilias Government Canter P.O. Box 41119 San Juan, Puerto Rico 0090-1119 Telephone: (809) 7274444 (809) 723.6190 FAX: (809) 724-3270 (809) 724.3103 t4ORTH MAFtt180 A ISLANDs State Single Point of Contact PlannI.-I and &Bud,'st rSf rn Offic:3 of the Governor Salpan, CFA Ivorthomm Ik#aftna Wands 5"1150 'A OIN iSLANDS Jose Cacorgo director, Offlw of tlaneaemrr:t i2rd Sudgct 041 Norregeae3 Emancipotion Gnrdzn Staton Second Ficor Saint Thomas, Virgin Wnrids W202 Fiwnsa direct ell questions and corrc,pondcn e about i.n!orC;evcm- mantal ruvievi to: Linea Cizr%u Telephone: (009) 774-0750 FAX: (809) 770-fJD,-jg ISSUE/AGENDA TITLE g intraentas to tkaia Dudagt; C9=3&t.ee PREP D B1': .M DEPT NEA OX CITY ADM D IN QEG 165UE BEEO.2E T:HB CC9 C 5 Reappointment of Floyd Bergmann to the Budget Committee. j?F ICO ATIO Adopt the attached resolution reappointing Floyd Bergmann to the Budget Coxmmittee > f INFOP-MATION Floyd Bergmann's term has expired on the Budget Committee. He is interested E; in reappointment. , At the November 29, 1994 City Council meeting, the Council considered a resolution to appoint Craig Dirksen and reappoint Floyd Bergmann to the Budget Committee. The Council approved an amended resolution appointing Craig Dirksen to the Budget Committee and asked that Floyd Bergmann's `reappointment be consid crad by the full Council cn December 13, 1994. The attached resolution., if adopted, would reappoint Floyd Bergmann to the Budget ~ Dalay action at this t-iiae. FISCAL NOTES r CITY OF TIGARD, OREGON i RESOLUTION NO. 94- A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS TO THE E BUDGET COMMITTEE WHEREAS, Floyd Bergmann has been serving on the Budget Committee since December 15, 1986; and WHEREAS, Floyd Bergmann®s current term on the Budget Committee has expired; and WHEREAS, Floyd Bergmann is interested in reappointment to the Budget Committees and l i x NOW, THEREFORE, BE IT RESOLVED by the Tigard City council that: i Section 1: Floyd Bergmann be reappointed to a three year terns on the E Budget Committee that expires on June 30, 1997. ti PASSED: This day of , 1994. 3 Mayor - City of Tigard ATTEST: City :~~corder -City of Tigard res £XSOLUTION NO. 94- Page 1 AGENDA ITEYi # ~ For Agenda of /4/47 ~ CITY Or TIGARD, OREGON COUNCIL AGENDA ITEMS SUMMARY ti l ' PREPARED BY: A DEPT HEAD OK CITY ADMIN OK `l ISSUE Should the City Council modify the Municipal code to address cable service issues for `newly annexed areas served by a cable television provider other j than the provider of service to the remainder of the City? Staff recommends that the City Council' approve the ordinance to update the code and direct staff to enter into negotiations with TCI Cablevision of i Oregon, Inc. for a franchise to serve certain newly annexed areas of Tigard. The City Attu y nee f s Office has worked with Washington County to develop _3 ~a^ c1 ~~e~• e.: e?n ~r~aec xs rtca~rr~4 en,ted~I9y a cable provider ('TCI Cablevision of Oregon, Inc. )aother thanythe provider serving most of Tigard (Col 45, is Cablevision of Oregon). The Municipal Code must be modified to repeal Chapter 5.12 and ampler: e t ? new Chapter 5.14. The now ordinance will allow the City' to enter into a e-gotiation with T C1 consistent i%,r.ith the process followed by Washington County. Without a ravIsecd process, the City ir3 uziable to create an ag efemen-' with TCl for a syrvicp area already served by T-Cl, and the City is unabls to collect a franchise fee for areas that are served by '1C 1 which annex to Tigard.,. MTHRI I x'i pTT S QC3NSS£l r''D I . Take no action. -'I`i The proposed code revision will allow the City to crsllect franchise fees fo= those areas of the City anne°ged fo=a washington County which are served by 'I`CI. Franchise. revenues will be re-ca ivied annually with th- amount determined btu' the e;M'eat' of servir-,e provided to TC1 cus-to3^iaars F,-jit .in :.real annexed to j -l~~?ACC . O'DC9NNELL RAMIS CREW , CORRIGAN & BACHRACH JEFF H. B.9CHRACEI ATTORNEYS AT LAW C.LACKA MAS COUNTY Or, THEODORE W. BAIRD 1727 N.W. Hoyt Stmt 181 N. Grant, Suite 20: PAMEIA J. BMY Portland, Oregon 97209 Canby, Oregon 97013 MARK L. BUSCII (503) 266-1149 DOMINIC G. C DL LETrA*s TELEPHONE: (503) 222-4402 E. CORRI G~s FAX: (503) 243-2344 3 ~ . F. CREW . -i - GARY FIRESTONE PLEASE REPLY TO FO1tTL.~AiD OFFICE VANCOUVER, WASHINGTON G. FRANK HAMMOND* MALCOLM E. JOHNSOI MALCOLM E. JOHNSON* First Independent Piaa 1 WILLIAM A. MONAHAN 1220 Main Street, Suite MARK P.O'DONNELL Vancouver, Washington 9866 TIMOTHY V. RAMIS December 9, 1994 (206) 699-7287 WILLIAM J. 51AL.iJA$EA FAX: (206) 696-2051 TY V_'.VYMAN JAMES Ist. COLEMAN • ASSO ADVJrMO TO FRAC:M M WASH 7M miaffPD TO BRAMM W CALMORt" CKY Cow y' William A. Monahan l City Administrator City of Tigard i DEC 12 1994 13125 sw Hall Boulevard Tigard, OR, 97223 $ Re: Oab~e ~eleyisian a Dear Bill: Tim Ramis, Mark Piliiod and John Junkin have been working together in developing a process for CATV franchise negotiations with TCI 4 C.tablevision of Oregon, Inc. As a part' of that process, after review of the Tic!ard Municipal Code Chapter 5.12 we suggest that the City update the Code in order to address cable service issue: for newly annexed areas served by TCI Cablevision of Oregon, Inc. x1closed is a proposed ordinance which would 'repeal 'ode Chapter s .12 and inplea-aent a new Chapter 5.14. This ordinnlics also enables the City to enter into negotiations with TCT in a manner sinil~.r to that adopted by Washington County, We are awaiting coranents on the draft franchise agreeroent between the City of Tigard and TC1 Cablevision of Oregon, inc. Fred Christ, i-TACC's Conanunicat:ion ,analyst., is currently reviewing the agreement. Please let us ?>no%T if you have any questions regarding the proposed ordinance Sincerely, C '~1P_es 14, Coleman J1C/ach Enclosure 1mr\?ch \90024N.ca1;!ctvAz 1 i BEFORE THE CITY COUNCIL OF THE CITY OF TIGARD j Comprehensive Plan Amendment ) CPA 93-0009; Zone Change ZON 93-0003; ) FINDINGS, CONCLUSIONS Site Development Review SDR 93-0014; } AND ORDER Minor Land Partition MLP 93-0013 ) Albertson's Application ) An application for a comprehensive plan amendment, zone change, site development review and minor land partition to allow a '"Community Commercial,, designation and a shopping center at the southeast and northeast quadrants of the intersection of SW ' hGU,=..eas'- . Scholls Ferry Road and SW Walnut Street in Tigard was reviewed at public hearings duly noticed and held at 7:00 p.m. on November 7, 1994, at a regular planning commission session and a regular City Council public hearing held at 7:30 p.m. on December 13, 1994, at -City Hall At the sessions, persons desiring to speak were heard; written statements, evidence and objections were considered; and the planning commission made a decision to recommend approval of all the applications to the City Council. The City Council approved the applications in accordance with the following Findings, Conclusions and order. 1. GENERAL INFORMATION AND FACTS A. Annliration Comprehensive Plan Amendment CPA 98\3-0009 Zone Change ZON 98-0003 Site Development Revieir3 SCR 93-0014 Minor Land Partition MLP 93-0013 A request -for the following development approvals: 1) Comprehensive Plan and Zone Change to redesignate approximately 8 acres of a 12--acre parcel from Medium- High Density Residential to Community Commercial and a Comprehensive Plan and Zone Change approval to redesignate a 6.93-acre parcel from Neighborhood Commercial to Medium-High Density Residential. Zone changes accompanying the above plan changes' includes a zone 'change from R-12(PD) and R-25(PD) (Residential, 121/25 units/acre, Planned Development) to C-C'(Community Commercial) and C-N (Neighborhood Commercial) to R-25(PD) (Residential, 25 units/acre, Planned Development); 2) Site Development Review approval to allow the construction of a 40,000 square-foot Albertson's Grocery Store and three smaller tenant pads of 5,950, 2,400 and 1,200 square feet. The applicant has also proposed two 4,000 square foot retail pads. rma Page 1 - FINDINGS, CONCLUSIONS A14D ORDER j k. 3) Minor Land Partition approval to divide an 11.95- acre parcel into two parcels of approximately 8 acres and 3.95 acres each. i Applicant: Albertson's Inc j (Don Duncombe) 17001 NE San Rafael Portland, OR 97230 a kit: John Shonkwiler, P.C. t Attorney at Lacy 13425 SW 72nd Avenue Tigard, OR 97223 chg er: Margery Crist, et. al. Route 1, Box 792 Beaverton, OR 97007 Location: Southeast and northeast quadrants of the intersection of SW Scholls Ferry Road and SW Walnut Street. (WCTM 2S1 4BB, tax y lots 100 and 200). A~nlicable Review Criteria: Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14; Comprehensive Ulan Policies 1.1.1, 1.1.2, 4.1.1, 4.2.1, ` 6.1.1, 6.4.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, .7..,..1, 8.1.3, 8.2.2, 8.4.1, 9.1.3, 12.1.1, 12.2, 12.2.1 and 12.2.4; and Community Development Code Chapters 18.22, 18.32, 18.56, 1 18.60, 18.61, 18.98, 18.1.00, 18.1.02, 18.103, '18.114, _ 18.120, 18.130,18.162, and 18.164. ,i B. B ckaround Information An area that included the subject property was annexed to the City of Tigard on-June `12, 1983. In August, 1983, the City approved 'a variety of plan and zone designations for the area, including Medium-High Density Residential (R-20, now R-25 zone), Medium Density Residential (R-12 zone), and Neighborhood Commercial (C-1,1 zone). The City subsequently approved the relocation of the C-ITT designation in a number of locations in the vicinity i between 1983 and 1986 (Case files CPA 18-83/AC 14-83, CPA 4-85/ZC 4-85, CPA 1-86/ZC 3-86). The current C-N designation is located onTax°Lot 100 and comprises 6.93 acres. A complete summery of past City acticns Page 2 - FINDINGS, CONCLUSIONS . D ORDER JHS~ 14.ffi11.T3CNS\7INDi I7rs) { pertaining to the amendments to the size and location of the N-C designation is presented in the staff report for an earlier Comprehensive Plan Amendment proposed by Albertson's for this property (Case File CPA 91-0003/ZCA 91-0006) A number of single-family and multi-family residential developments have been proposed for all or a portion of the subject property between 1986 and 1990 (Case Files SDR 4-86, S 87-04/V 87-04, S 87-07, SUB 90-04/ZON 90- 04/ZON 90-04/11AR 90-08). Development has recently occurred following the approval of Castle Hill S ld- vision. In 1991, Albertson's applied for a Comprehensive Plan Amendment and Zone Change (CPA 91-0003/ZCA 91-0006) to establish an eight-acre Commercial General (C-G) site on Tax Lot 200. The request also involved the redesignation of the existing C-N site on Tax Lot 100 to Medium-High Residential (R-25). A final decision by the City Council has been stayed at the request of the applicant. f Following this application, the City considered including a new Community Commercial zoning designation as part of the Comprehensive Plan and Community Development Code. ` After a'lengthy review, the City adopted the Community Commercial designation in December, 1992.! F` On November 15, 1993, the Planning Commission recommended - the City Counci-I approve the apPl i l+-at i on . with the inclusion of conditions for an automobile 'access to driveway to SW Northview Drive, a pedestrian staircase to SW Northview Drive, conceptual building design details which are consistent with the grocery store design.- The Planning Commission also recommended` that the applicant provide a final access plan for the approximate tour-acre parcel south of the site and an improved interior parking ~ lot pedestrian pathway system. On January 25, 1994, the City Council remanded the application back to the Planning Commission :due to concerns related to 'property owner notification, the findings within the staff report and the appropriateness of proposed development within the Community Commercial Zoning District. t The applicant has made the following revisions to the proposal as a result of concerns raised at neighborhood meetings and issues raised by the City Council at the January 25, 1994, Public Hearing. Page 3 - FINDINGS, CONCLUS_%ONS I-z1VD ORDER (JHS \ALDERTS0i1S\ F11MI NG 7) 1 * The proposed commercial uses on the pads opposite to the Albertson Is pad have been modified The gas J, station and Shari's uses have been eliminated as prospective tenants. The pads are shown as 4,000 square-foot retail sites. * A new brick wall has been proposed along portions of the proposed eight-acre parcel's property frontage on SW Northview Drive. * The applicant has agreed not to develop the site -'j with tenants which would have 24-hour commercial operations due to potential impacts to adjoining residential areas. * The applicant revised the site plan to provide a separate staircase from SW Northview Drive to the grocery store buildings and separated pedestrian pathways for internal circulation between all s buildings and through the center of the parking lot. * The staircase entrance from Sin? Northview Drive has been modified to include a series of 90-degree turns to obscure the staircase entrance. * The site has been posted with signs showing the proposed site-development plan for the shopping center. The applicant has also discussed dedication of the multi-family area south of the Albertson's site to the Castle Hill Neighborhood Association. y The applicant has provided Applicant'"s: Additional Testimony and Evidence (dated January 14,_1994), a history of the application, a synopsis of the changes rjhich have been made to the plan, a security-lighting plan, a noise study and conceptual plans for Albertson's store, the site elan and the wall proposed along Sig, Northview Drive. C. Vicinity Information Single-family residential development in the Castle Hill Subdivision lies to the east and south. To the northeast is the Cotswald Subdivision which is of a similar character and density. A day school is on the °west 'side of SW Scholls Ferry Road. A few large-lot ° single-family residences also exist to the north, south and west of the Page 4 - FINDINGS, CONCLUSIONS AND ORDER (f';S\AL13EATSOIdS \ PINDI ItiGS ) is located to the southwest, across SW Scholls Ferry Road. R-25(PD) zoning surrounds the parcel currently designated C-N. The area south of the proposed C-C designation is a_? zoned R-12(PD) and R-25(PD). The area across SW Scholls Ferry Road from this area is zoned by the City of Beaverton as R-2 (multi-family, 2,000 square feet lot' area/unit). The average allowable density within a 1/2 mile radius of the site is approximately 15 units per acre. Other commercial sites within the general vicinity of the proposal include: e, Murray Hill Shopping Center located approximately 3/4 mile north on Murray Boulevard; t. - - Greenway Town Center Shopping Center located i approximately 1-1/4 mile east on Scholls Ferry r Road; Washington Square located approximately 2-1/2 miles' E east; and Several commercial centers along Pacific Highway, including the Tigard Central Business District, located approximately two miles to the southeast. D. Site information There are two properties involved in this application. Tarr, Lot 100 is 6.93 acres in size, zoned C-N and located on the northeast corner of SW Schol'1s Ferry 'Road and Walnut Street. This 'parcel is a vacant, grassy field with a relatively moderate grade. Tax Lot 200 is 11.95 acres in size, zoned R--12(PD)_and R- 25 (PD) , and located on the southeast corner of SW Scholls Ferry Road and Walnut Street. This property is also a vacant, grassy field, but it slopes significantly downward from the Castle Hill Subdivision to Scholl's Ferry Road. F. Proposal DescriDtion The applicant has submitted a packet of materials which describe the various facts of the application. The applicant has also 'provided an update to the previous traffic studies conducted in August and December of 1993, Page 5 - FINDINGS, CONCLUSIONS AND ORDER (JdS\ALDF,RT=49\FItTD I! SS) a no k ise impact study and a security lighting plan have - also been provided. F The application includes the following tour separate k - . components: t 1. CPA 93-0009 2. ZCA 93-0003 Change the C-N designation on Tax Lot 100 to R-25, t and change the R-25(PD) designation for S acres of Tax Lot 200 to C-C, leaving the remaining land use designations on the property as they are (see Exhibit A). This change is proposed to be ' consistent with the requirements associated with P j the City's C-C designation and the obligations of the City to maintain an adequate inventory of multi-family residential land. 3. SDR 93-0014 E The applicant proposes to develop a shopping center with a total of 57,550 square feet of floor space. { This space includes a 40,000 square-foot grocery store, 9,550 square feet of additional commercial space adjacent to the grocery store and two separate pad sites totalling 8,000 square feet (see Exhibit B)- The applicant has provided preliminary o tc, g-c+u.irg, utility, and landscaping pl an_a - Conceptual building elevations providing detail of proposed design features for the Albertson's have also been provided. A 40,000 square-foot Albertson's Grocery Store anc 9,550 square feet of commercial, space are propose- for the southern portion of the site. A truck access and loading area is ;proposed along the soutr side of the building. The southern and easterr portions of the site are proposed to be grade- extensively and the south sideof the main."buildinc would have a floor elevation that is 8 to 24 feet below the existing grade. A free-standing tenant pad site is proposed toward: the southeast corner of SW Scholls'Ferry Road anc SW Walnut Street, a 'second free-standing pad i intended for the southwest corner of SW Walnut Street and SW Northview Drive. The applicant ha: revised the application to indicate both pads arE intended to be developed with retail or 'office Page 6 - FINDINGS, CONCLUSIONS AND ORDER (iws\~Lp F..RrsoNs\FIbmX1=s) 1 uses The applicant has withdrawn the use permit portion of this appl.icatio a station and 24-hour service. conditional n for a gas In addition to the specific uses shown on the site plan and referred to in the applicant's statement, approval of other uses is requested. This is i because all tenants of the center have not been committed. It is also expected that tenants will change over time. The additional uses which may be located at the site and are permitted in the C-C zone for which the applicant requests approval are: Animal sales and services; Consumer repair services; Convenience sales and personal services; Children's day care; Eating and drinking facilities; General retail sales (less than 10,000 square feet; General offices (medical, dental, financial,. insurance, real estate, professional and administrative services); and Indoor participant sports and recreation. i Three driveways are proposed on SW Scholls Ferry j Road and one driveway is shown on SW Walnut Street. Internal sidewalks are shown immediately adjacent to the 'commercial buildings. 'Sidewalks link the two pad sites with the public sidewalks on the perimeter of the project, a sidewalk and staircase connection is proposed between the, grocery store _I and SW Northview Drive. An internal sidewalk traverses the parking lot generally north-south. MLP 93-0013 The applicant wishes to create a separate 8-acre parcel for the shopping center. The other 3.95- acre parcel is intended for future residential development.; The applicant has also discussed the option of -dedicating -this parcel to the Castle Hill Homeowners Association. This parcel will have R-12(PD) and R-25(PD) zoning` designations (see Exhibit C-2)• sI. ANP~ ,LYSIS The applicants have presented a report entitled Albertson's Inc Anplication for Site Development Plan, Comprehensive Plan Amendment and Zoning Amendments for Community Commercial Wage 7 - FINDINGS, CODICL•TJSIONS AND ORDER (Tr1S\AL➢ ERTSOHS\FXIMINGS) I ,j (hereafter referred to as the applicant's statement) that addresses the Statewide Planning Goals, the Tigard Comprehensive Plan policies, and the Community Development Code provisions that are applicable to the request. The { applicant has also submitted Applicant Is Additional Testimony and Evidence (dated January 14, 1994), a traffic study and supplement prepared by Kittelson and Associates, Inc,, in 1 support of the application. ' Applicable Review Criteria: { Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14; J Comprehensive Plan Policies 1.1.1, 1.1.2, 4.1.1, 4.2.1, 6.1.1, 6.4.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3, 8.2.2, 8.4.1, 9.1.3, 12.1.1, 12.2, and 12.2.1 and 12.2.4; and { Community Development Code Chapters 18.22, 18.32, 18.56, 18.60, 18.61, 18.98, 18.100, 18.102, 18.108, 18.114, 18.120, 18.130, 18.162, and 18.164. A. Statewide Planning Coals and Related. Plan Policies , The Planning Division concludes that the proposal 1 complies with the applicable Statewide Planning Goals and ! Comprehensive Plan policies based upon the following findings: 1. Coal 1 (Citizen Involvement) and Policy 2.1.1 are satisfied because the City has adopted a citizen involvement program including 'review of all Lana use and development applications by nearby property owners and residents. The original application was riled July 11, 1991. That application was reviewed by the Planning Commission and ultimately tabled by, the City Council pending the review and adoption of a, new *Community Commercial." zone and plan amendment. After notices provided, the applicant held public meetings with then active NPO-7on January 6,-1993. Thereafter, the applicant met with the neighbors on July 30, 1993, in accordance with the City's new code provisions.' Since the application was re- filed on August 14, 1993, notices have been provided for and a Planning Commission hearing was held on November 15, 1993. On January 3,1994, the newly-formed CIT West held a public meeting to review the applicant's proposals. Thereafter, notice was provided for and a City Council public hearing was held on January 25, 1994, resulting in Page 8 - FINDINGS, CONCLUST_OPTS 61P1D OP.DER (dYaG V]1I~9I3B250a3\PINT)IN I 1 2. standards of Code section are sa because the City has applied all applicable Statewide Planning Goals' through the City's acknowledged Comprehensive Plan and Community Development' Code` requirements to the review of this proposal, as described in this report. The City of Tigard has :.o - ~ca affected r ~ Lhe ~r ~u `units of government of the proposal including the City of Beaverton, Washington County, the Oregon Department of Transportation, and the Oregon _Department of Land Conservation and Development.` Service and utility providing agencies have also been notified of the proposal. The City, adopted. the new "Community Commercial" plan and zoning amendments in December of 1992 in recognitionthat the City has a need for mid-range commercial centers focused in residential neighborhood areas. Presently, there are no areas within the City that are actually zoned "Community commercial" to satisfy this need. The 1/2-mile radius neighborhood which includes the subject property consists of approximately 14,300 people and is projected to increase to more than 19,200'pecple by 1995. There are no existing or designated commercial facilities in this area to a remand to the Planning Commission for a further r' consideration. Notice covering an area twice the size required by the code was provided by the applicant for the neighborhood meeting which was conducted August 4, 1994. Notice is also provided of public hearings before the Planning Commission and City Council. At each public hearing the opportunity will be provided for public input concerning this proposal.` Policy 2.1.3 is satisfied because information regarding the new C-C designation was explained to the public at numerous public forums. In addition, notices and information about this proposal have been provided so that the basic planning issues are understood by the public. Comments received have t. been included in the staff report and applicant's statement. In addition, all public notice requirements related to this application have been _ satisfied. E Goal 2 (Land Use Planning), Policy 1.1.1, and the quasi-judicial plan and zone change approval - I 22 040 tisfied Page 9 - FINDINGS, CONCLUSIONS AND ORDE1? (J-d, S\ALDERTSONS\ PIEtD I.'.'v^S ) serve this large of a trade area. A neighborhood % commercial (C-N) is currently located at Walnut and Scholls Ferry Road, but the C-N district can only serve a maximum of 5,000 people' in a one-half mile radius area A general commercial district includes location criteria and permitted uses that would make it inappropriate for a residential neighborhood. ; There are four potential sites that were identified in the City Planning staff's inventory that satisfy all the location criteria for siting of a C-C zone. E The applicant's site is the prime site located generally in the center of the four sites. The applicant's site is one of only two sites that are ; actually inside the City to serve immediate City j needs for C-C zoning functions. The applicant's j_ site also possesses the highest planning and built- out densities within 1/2 mile of all sites. As all. other potential sites are either 50% or 200 less in planned density that the Application site, the applicant's site best satisfies the location and. trade area density requirements of C-C zoning. Centering the location takes best advantage of i encouraging pedestrian and bicycle or i transportation alternatives, and diminishes the need for cross-town or cross-area automobile traffic to and from the shopping center. i N`ir_a11y, me other two sites • (7at a...,r4 cc Lane and .u..y :i the intersection of old and new Scholls Ferry Roads) are 'outside the City and cannot readily provide immediate C-C'functions for the City. The fourth site at 135th and 'Scholls 'Ferry has severe development restrictions due to existing wetlands. Policy 1.1.2 requires that the Comprehensive Plan and each of its elements shall be opened for review by the Metropolitan Service District or its successor on an annual basis, and may be amended or revised. Implementation Strategy 2 of this policy ! requires that the City review Quasi-Judicial Amendments in accordance with the standards set forth in the Chapter 18.22 of the Community j Development Code. These standards have been reviewed within the applicant's scatement. 3. Coal 5 (Air/Water Quality) is satisfied because E that proposed C-C zone and the surrounding residential properties will result in fewer and shorter automobile trips to obtain commercial goods Page 10 - FINDINGS, CONCLUSIONS AND ORDER ,,.,r (J::S\FL91:~iSOi!$\YI:IC]Ih^3S) j i I- l and services The proposed center, as designed and conditioned, will provide for ease of access to the y surrounding neighborhoods. This in turn will help 1 satisfy Policy 4.1.1 by reducing potential air quality impacts from the new residents and their automobiles The proposed plan places the C-C zone within a highly dense planned residential area (15 units per acre) to enhance the opportunity for walking or bicycling to and from the proposed shopping center. Walkways, bicycling pathways, a ramp and a staircase are provided to these neighboring residential densities. .Also, policy 4.2.1 will be satisfied through the development review and building permit processes at which time a development proposal' for this site must be shown to comply with applicable federal, state, and regional water quality requirements including preparation and implementation of a non- point source pollution control plan in compliance with the Oregon Environmental Quality Commission's temporary rules for the Tualatin River Basin. Applicant's submittals relating to these requirements establish the feasibility of the applicant's ultimate compliance. The proposed redesignation would not by itself affect compliance with this plan policy. •i Poll :y 4.3.1 aiiu related Ti-C SCC:Cions '%.4U 13G-210 have been satisfied as demonstrated by a noise study which identified, evaluated, and mitigated noise impacts as required by the conditions of approval. If approved, this policy will be further implemented through the building permit plan check process in which: landscaping and proposed site improvements will be reviewed to minimize noise impacts on neighboring land uses. 5. Coal 9 (Economy of the State) is satisfied because the proposed redesignation would increase the City's inventory of developable commercial land, thereby increasing employment opportunities in the City. The proposal is consistent with Policy 5.4 because the proposed C-C designation will maintain a compatible relationship with nearby residential properties as required by the Community Development Code standards. In addition, the site is Page 11 - FINDINGS, CONCLUSIONS AND ORDER (JW S\TLBERTSGNS\°IN 17;GS) physically separated from residential uses by streets on three sides of the property and a steep slope to the south. A commercial service center of modest size has been contemplated for this area since the 1983 adoption of the Bull Mountain Community Plan. The proposed C-C designation will replace the C-N designation and therefore, no encroachment into a residential area will result. 6 Goal 1e (Housing) as well as Policy 6.1.1 are satisfied because the proposal will result in a l 07 f R-25 land and a net r' r I: i oss of 1. acres o residential opportunity of 26 units. The City's inventory shows that presently there are 1,305 acres of developable residential land with a total potential of 13,478 dwelling units. This yields an average allowable density of 10.328 units per acre. The Housing Rule has a minimum requirement of 10 units per acre. This charge will have a minimal impact that results in 1,304 developable acres; 13,452 potential units; and an average possible density of. 10.315 units per acre. As a result, this change by itself has an insignificant impact on the City's ability to comply with the j Metropolitan Housing Rule and multi-family density availability. The average potential density of the undeveloped residential land in Lilt- City has h' -torj' A11 y varied as land was developed and as Comprehensive Plan Amendments were approved. This represents a reduction in the amount of developable residential land in the City of only 0.076. Policy; 6.4.1 requires that the City designate developing areas which are not designated as established areas on the Comprehensive Plan Map and encourages flexible efficient development within these areas. This area is currently a developing area. The applicant is requesting Comprehensive Plan and Zoning changes which allow greater flexibility in developing commercial uses to provide more types of goods and services than the present Neighborhood Commercial designation on the adjoining corner Gaould permit. This change is expected to reduce impacts to the transportation system by reducing the length of travel required by residents to access other area grocery and commercial shopping centers. Page 12 - FINDINGS, CONCLUSIONS ARID ORDER (JV.S\ALa3nT30'7S\FIKDIN E 777-= 77-77=7 -7117 Policy 6.6.1 can be satisfied because the proposed design and related conditions of approval are t intended to provide excellent buffering and visual separation, between the center and nearby residential neighborhoods. As noted in this report, specific landscaping noise mitigation measures must be provided to ensure that this policy and related Code and TMC provisions are met. E' E 7, Goal 11 (Public Facilities and Service- and i Policies 7.1.12, 7.2.1, 7.4.4, 7.5.2 and 7.6.1, are E satisfied because adequate public service and educational capacities are available to serve ~ future development of this site under either the existing or proposed Plan and zoning designations. € Extension of necessary public facilities to serve the site are the responsibility of the developer at the time of site development. The City of Tigard notifies applicable public and private utility providers of pending development applications. No adverse. comments were received from service providers with respect to the current application. i 8. Goal 12 (Transportation), the transportation rule (OAR 660, Div. 12), and Policy 8.1.1 are satisfied 4. because the proposed redesignation would not be i expected to result in unsuitable or unsafe levels of traffic on SW Walnut 'Street or Scholls Ferry Road and other affected transportation facilities: Although commercial development of this site might be expected to result in some increase in tot-al traffic on these roads adjacent to the site as - compared to what would be expected under the current designations, the impact on the city-wide or regional transportation systems should be beneficial through providing commercial opportunities closer to adjoining residential areas than is currently available. Therefore, a net reduction in total 'system "traffic is anticipated and supported by the traffic studies. The transportation studies establish that the uses allowed by the application, and their related transportation impacts, are consistent with the identified function, capacity and levels of service of the affected 'facilities. The transportation impacts of the proposed uses will not significantly affect or cause a change in functional classification of the existing or planned transportation facilities; nor change the standards implementing a functional classification system. Page 13 - FINDINGS, CONCLUSIONS AND ORDER (JWS\A1,BExrs0N5\F1N07NrS) F 1 Approval of the application will not cause or allow types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of the transportation facilities, nor reduce the level of service of the facilities below the minimum acceptable levels. Transportation rules and code provisions adopted by the City after the proposed application was filed are not applicable in this review. Mass transit is not currently available to the site and Tri-Met has not included the site in its plans for future expansion. All key study-area facilities would operate at acceptable levels of service (LOSD or better) under the near-term and long-term (full build-out and occupancy of the site and surrounding developments) Based on year 2010 traffic volume projections provided by Washington County, the proposed roadway system would operate at acceptable levels of service without further modification, with this site developed as proposed. Compliance with the transportation rule will also be accomplished by the approval precluding the high traffic volume "drive through facilities for uses, 24-hour operation of uses, and an immediate automobile access from the site to Northview Drive. The centering of this'C-C development in an area or high density ds.clopcmient and planned development, and requirements of bicycle and pedestrian pathways beingprovided at the site for approximately twelve access 'points and nine internal walkways, also supports reduction of need or dernand for automobile travel:. Policy 5.1.3 will be satisfied as a condition of development approval under either the existing or proposed plan and zoning designations. Completion of necessary street improvements along the site's frontages will be required to be installed by the developer at the time of development. The Engineering" Division and Washington County will review final development plans for the site with regard to necessary road improvements adjacent to the site and on other affected roadways. Policy 8.1.2 calls for the City to provide for safe and efficient management of the transportation planning process within the City and the "9A Page 14 - FINDINGS CONCLUSIONS lI D ORDER '`V'::~~~\bLEER:sC2:5\PIhU Zt<GS; 'i i 1 metropolitan area through cooperation with other federal, state, regional and local jurisdictions. The City has provided copies of the application to other affect agencies for review and comment. Policy 8.2.2 calls for placing intensive land uses, such as commercial and multi-family, in locations that can be served by transit. Though Tri-Met service does not presently serve the immediate area, an extension of service along SW Scholls Ferry Road appears very likely. Adequate bus stop locations can be accommodated within the right-of- way of the Scholls Ferry Road proposed twin lanes near Walnut Street as identified by the applicant. Policy 8.4.1 states that the City shall locate bicycle and pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted pedestrian/bikeway plan. The site does not adjoin a designated pedestrian/bikeway corridor area. The development proposes to provide sidewalks for each property frontage. Adequate alternative modes of transportation are provided for in the site plan and addressed in the traffic studies. Access analysis is set forth in the traffic report and Washington County responses establishing feasibility. The proposed sidewalks, pathways, ramps and staircases link the site with surrounding re_sidentia CiPRignations '(Castle Hill to the :east, multi-family to the north and south, and residential to the west) which include the focus points of pedestrian and bicycle activity at Northview Drive and `Walnut- Street ;intersection, Walnut Street and Scholls Ferry 'Road intersection, Northview Drive and Stardust intersection and along Scholls Ferry Road from the south. Access and developable ;capability of the 3.95-acre multi- family parcel to the south is identified in Applicant's Additional Testimony and Evidence and Exhibit "ill thereto. 9. Goal :.3 (Energy Conservation) and Policies 9.1.3 encourage energy conservation through design and construction. Because of the sites location and ability to provide greater numbers of services, an expected reduction in the number and length of automobile trips to existing commercial areas, the amount of energy consumed by area residents to commercial services is expected to be less. Page 15 - FINDINGS, CONCLUSIONS AND ORDER tn:s\~.Parsevs\r• it,~rrks i 1 e j Through application of current building code requirements during the building permit review process, all new construction on the site will be developed in an energy-efficient manner. 10, Policy 12.2 identifies types of commercial zoning a districts. This policy sets the following general requirements: 1) That uses within each district { shall be planned at a scale which relates to its location, site and type of stores to the trade area to be served. The scale of development, including j the specific sizes of the proposed uses, has been reviewed as it relates to surrounding land uses and the site's existing proposed topography and appears :s compatible with adjoining residential areas and } comparable commercial centers in the metropolitan area, as reviewed within this report and Applicant's Additional Testimony and Evidence. 2) That surrounding residential uses be protected from _ any possible adverse effects in terms of loss of s privacy, noise, lights and glare. The applicant ; has addressed design aspects of the proposal as it relates to these issues. 3) That commercial centers be aesthetically attractive and landscaped. The applicant has provided conceptual design details for the center which have been reviewed I against the applicable standards elsewhere within this report as it relates to buildings and site E improvement aesthetics and landscaping. I) That " ingress and egress 'points not create traffic congestion and hazard. The design of the site has been reviewed elsewhere within this report as it relates to connectivity with adjoining rights-of- way and neighboring properties. 5) That vehicle trips be reduced both in 'length and total number. Reduction in vehicular _trips has been addressed' elsewhere in this report in terms of length and number'. 6) This portion of the policy states that ` the 'Central Business District is not 'included in the location criteria because there is only one Central business District within Tigard. This `does not apply to this application because it is not within the Central SuTiness District. The code and ' comprehensive plan requirements (5.1.3-5.1.5) related to the Central Business District and the Community Commercial District have designated trade ' area size, limitations on uses and/or one-half-mile separation requirements of this C-C district. The districts are meant to be independent of each other, and no comparative effects analysis is required for location of Community Commercial districts. E Page 16 - FINDINGS, CONCLUSIONS AIM ORDER ` H t 1 - <; 11. 1 j The location criteria for Medium--High Residential (R-25) specified in Policy 12.1.1 (3) are met for the following reasons: (a) The parcels intended for the R-25 designation are vacant and are not committed Co low- density development. Since 1983, these properties have been designated for multi- family and commercial use. Prior to being designated C-N, Tax Lot 100 was designated R-25. (b) The two areas intended for R-25 density are well-buffered or separated from single-family residential neighborhoods., Tax Lot 100 abuts R-25 zoning to the north and east. The area north is undeveloped and the eastern property line is bordered by Cotswald Subdivision. Because of the properties size and lack of physical constraints, adequate buffering can be provided along the property boundaries. The R-25 area south of the center will be adjacent to R-25 and R-12 zoned areas that developed as single-family neighborhoods. This 3.95-acre parcel will provide a transition between the single-family development; and the shopping center. (c) Both proposed R-25 parcels have direct access from majorcollector streets- (d) The properties have a moderate grade and do not appear to have any development limitations due to natural features of Code requirements. (e) As noted in this report, existing facilities have adequate capacity to serve the development. A storm water treatment and delivery system complying with all applicable requirements is feasible. (f) The property is approximately 1/2 mile from the nearest Tri-Met route. This bus stop is served, by Tri-Met bus line #62. However, SW Scholls Ferry Road and Walnut Street are logical routes for'expansioT in the future as the area grows and the demand for bus service increases. Page 17 - FINDINGS, CONCLUSIONS A!ND ORDER (,7eS\ALBER1-ONS\FINMI TSI Bus stops can be accommodated within the right-of-way of Scholls Ferry Road at the proposed twin lanes near SW Walnut Street. The adjacent mini-park at the corner with its bench facilities and direct access to the 12. pedestrian and bicycle network at the site will provide a proper and feasible location for the bus stop when it becomes necessary. (g) The two proposed R-25 areas will have excellent access to shopping. (h) When the residential properties develop, common and/or private open space will be required as a condition of development. The location criteria for Community Commercial uses specified in Policy 12.2.1 (4) are satisfied for the following reasons (a) The density within the 1/2 mile trade area averages over 8 units per acre. Supporting information is supplied in the applicant's statement and in the staff report information on file as part of the comprehensive Plan Amendment to create the C-C designation. (b) The proposed center and itscomponents all meet the maximum gross floor area standards of 100,000 square feet total, 40,000 for grocery store` 10, 10,000 square feet for general retail, and 5,000 square feet for other uses. (c) The proposed commercial designation will apply to only the southeast corner of SW Scholls Ferry Road and Walnut Street. (d) The site is over 1/2 mile from any other_ commercial retail land use designations. (e) The site is located at the intersection of two major collector streets. The traffic analysis presented by Kittelson and Associates and the subsequent evaluation by the Engineering Division and Washington` County indicate that no adverse traffic impacts will result. (f) The commercial site is eight acres which coincides with the 'maximum allowable size for a Community Commercial center. The size is appropriate considering the extensive Page 18 - FINDINGS, CONCLUSIONS AND ORDER (SW, \ALHERTSONS\ FI IMI NGS ) `s { excavation--approximately 30% landscaping to offset impacts to neighbors and the parking area needed for the proposed uses. (g) Design issues, such as vehicular access, pedestrian and bicyclist access, coordinated development, local street connections between the commercial use and the neighborhood, ' lighting and noise, have all been addressed using the applicable Comprehensive Plan and Community Development Code policies and standards. j B. Community Development Code 1. Chapter 18.22 ( In order to approve a quasi-judicial amendment to j the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the parcel. Alternatively, the City must find that there has been `a mistake or inconsistency with regard to the original designation of the parcel (Comprehensive Plan, Volume 2, Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A). (ynw. The applicant's statement (pages 5 through 9) addresses and satisfies these considerations. 2. Chapter 18.56 - R--25 Multiple-Family Residential At this time, no development is proposed for Tax Lot 100 or the proposed 3.95-acre parcel south of the shopping center. Both parcels meet; the 1 dimensional' requirements of the R-25 zone (Section 18.56.050) and it appears that both parcels can have adequate access and, be suitably' developed in the future. The neighboring homeowners association has indicated -a. desire to 'acquire ownership of the 3.95 acres some time in the future. However, that issue is not before us in this application and a change in zoning would require a separate application, a public hearing and compliance with all applicable code and comprehensive plan requirements. Page 19 - FINDINGS, CONCLUSIONS AND ORDER (s+s\AL!3ERTSCNS\ ~ z ~M I NGS) 1 `]1111 3. Chapter 18.61 - C-C Community Commercial. Section 18.61.030 is satisfied because the uses proposed by the applicant are permitted. The 40,000 square-foot grocery store and related uses are necessary for the size of population in the trade area. Conflicting evidence on market area was submitted by representatives of Thriftway 7 grocery stores. The City Council is persuaded by the studies, documents and testimony of the applicant that a 40,000 square-foot grocery store is appropriate for this site and trade area; and is -i community-oriented as intended by the plan and code provisions. The 5,950 square-foot general retail' sales unit may include a video store. The City's interpretation of "general retail sales" includes the types of sales activities identified in Applicant's Additional Testimonv and Evidence F: Exhibit "F". The proposed improvements for the £ site can accommodate all of the permitted uses shown on the site plan and proposed as alternate tenants in the center. Section 18.61.45 is satisfied because all primary commercial activities shall be conducted inside; all uses, except for the grocery and video stores a will be less than the 5,000 square-foot maximum; Q;• and any outdoor displays and open-air dining shall be conducted within the limits of this section. Section 7.8. 61.050 is satisfied because the proposed center meets all applicable standards for lot size and dimensions, setbacks, lot coverage, building 1 height, and landscaped area. i Section 18.61.055 contains a number of design guidelines and standards for C-C development. The basic design concepts presented by the applicant are consistent with these Code provisions. In some cases design concepts need to be amended and in others more detailed information needs to be j provided (as conditions of approval) to ensure compliance with this Code section. The design guidelines are not mandatory, but %intended to be discretionary. The identified examples in the guidelines are intended only as suggestions and are not intended as a requirement unless 'otherwise specified by the city upon review. Since the applicant has complied with the guidelines as described herein, none are deemed necessary to { become mandatory. i Page 20 FINDINGS, CONCLUSIONS AND ORDER _ f 1 1 (.~5\AL C °RTSOi]^\PSIIL IN~5) I ,.....ra.... -vim^~.r.. vim,.-•-nT^ •-......-.T-n..-.-. .,'+-m^......... E' - Section 18.61.055 A. 1. contains building ' design guidelines which have been generally - : satisfied. The applicant has provided a proposed design for the grocery store, but no final design for the remaining 9,550 square feet of retail space adjacent to it or for the two building pad sites. The design pattern' and materials used in the grocery store building will be required as compatible features for the additional structures. F 3 Also, the grocery will have blank walls facing f SW Northview Drive and the rear of the = j building. However, this building elevation will be screened from view by the site excavated below street grade for almost the height of the building and by landscaping, and should result in a pleasing appearance. - Section 18.61.055 A. discourages loading ' areas that face toward residential uses. The proposed loading area abuts' an undeveloped residential parcel and is near Castle Hill Subdivision. Because of the proposed grading of the site, the loading area will be approximately 24 feet below the existing" grade. This design serves to mitigate noise, light and activity impacts to adjoining residential areas and along with landscaping and screening will provide a satisfactory - i buffer. - Section 1.8.61.055 B. 1. requires internal Tvalkways to facilitate pedestrian circulation s on the site. The site plan shows sidewalks in the vicinity of the 'building locations and two walkways to SW `Northview 'Drive. This Code section will be satisfied by the additional 'i walkways as required` in the `conditions of approval. Modification of the site plan to accommodate these requirements is practical and feasible for the overall project design. F - Section 18.61.055 B. @. will be satisfied with k' the submission of additional information 1 F regarding- mechanical equipment, refuse and recycling containers, bicycle parking, pedestrian/vehicular conflicts, landscaping, screening and special site features (e.g., walls) as required in the conditions' of approval. These -submittals are additional Page 21 - FINDINSS, CONCLUSIONS AND ORDER f (Xis \ALn RPTSOItS FINDING I { i 1 i i design details that are feasible for the applicant to satisfy and be accommodated in the existing site plan (see glicantIa Additional Testimony and Evidence, and revised site plan). 4. Chapter 18.100 - Landscaping and Screening The provisions of this Chapter are satisfied provided the conditions of approval are met. The conceptual plan is found to be consistent with the criteria in this Chapter, but the details need to be confirmed prior to issuance of development permits. Section 18.100.030 - 040 requires street trees as part of new commercial development. The landscaping plan submitted indicates that street trees will be planted with 40-foot spacing. A list of trees to be used is provided, but the tree to be used is not identified. With 40-foot spacing, the street trees will need to have a mature height of 40+ feet. Section 18.100.070 080 requires screening between different uses, such as commercial and residential. The proposed landscaping 'plan includes vegetative' screening that is consistent with the standards of these sect;.ons. On.ty> more caetail-'d i: regarding the size and species of plantings, as required in the conditions of approval, is needed to ensure compliance. Section 1.8.100.090 pertains 'co fences and walls. The applicant has proposed the construction of a wall along a portion of the perimeter of the development. A conceptual elevation plan ' for a portion of this wall along SW Northview Drive has been included in the application.` The applicant has provided the "wall to address specific neighborhood concerns due to potential site impacts. Using walls as a unifying design. element is encouraged; by Chapter 18.100 and the C-C zone. Section 18.100.110 requires screening for parking and loading 'areas. The landscaping plan satisfies the relevant requirements for landscaped islands in the parking area and the Page 22 FINDINGS, CONCLUSIONS AND ORDER (.Pas\ALP CRTSOI;;3 \ PIND11:0S) 4. number of trees in the parking area. j ¢ - Section 18.100.130 contains a buffer matrix' that prescribes the minimum width and type of buffer required in different circumstances. The proposed minimum buffer area of 20 feet with vegetative screening meets or exceeds the standards for commercial development and parking lots which abut residential uses. k_ 5. Chapter 18.102 - Visual clearance Areas k All intersections meet the visual clearance provisions of this Chapter. 6. Chapter 18.106 off-Street and Loading Require- ments Although the exact number of required parking j spaces in Section 18.106.030 cannot be determined because all of the tenants have not been identified, the applicant's estimate of a minimum of 255 required spaces is reasonable. A total of 293 spaces are provided. All will adequately allow for future changes of tenant uses allowed by this approval. Section 18.106.050 describes the dimensional standards for parking areas. All of these ' requirements for parking spaces and aisle widths are met or exceeded, as shown on the site plan. r-- a 7. Chapter 18.108 - Access, Egress, and Circulation The number and dimensions of the proposed driveways meet the provisions of this Chapter. Section 18.108.060 discourages direct access onto arterial and collector streets. The number of driveways for the commercial development appears F justified (pending Washington County's final analysis and recommendations). The 'future access for the proposed 3.95-acre parcel has been adeqiately t The potential futudre need for a new automobile access to Northview Drive from the site and compliance with this provision will be satisfied by the subsequently identified condition of approval for such access. The condition is a I balance with the other C-C provisions promoting reduction of adverse impacts to surrounding i F Page 23 - FINDINGS, CONCLUSIONS AND ORDER (S;<S \AI,E3Z2SC"G \ I:'OINGS I I j neighborhoods, and increasing pedestrian bicycle access and usage. Chapter 18.114 Signs f. and The plans submitted by the applicant indicate one free-standing sign along the SW Scholls Ferry Road frontage, as allowed by Section 18.114.130 E. A sign drawing has been submitted depiwting maximum height of 22 feet and general dimensions by scale. The sign design is compatible with the proposal. Sign permits shall be required as a condition of approval to ensure compliance with Code standards for the C-C zone. 10. 11. Chapter 18.120 - Site Development Review The relevant design standards in Section 18.120.180 A. have been addressed elsewhere in this report, with the exception of noise (18.180.180 A.). As discussed earlier, the loading area on the south side of the grocery store is visually screened from adjoining residential properties. However, noise from truck traffic, trash collection and compacting, and rooftop equipment has proven to be a source of conflict between commercial. and residential uses Sufficient information has been provided to address the expected major noise generators on site. The ~_t:L~ applicant should comply with the LeCV[ifiltelAUa~,ons made within the acoustical engineer's report as addressed previously within this report. Based on this study it appears that the site improvements can comply with the applicable Development code criteria for mitigation of noise. Chapter 18.152 - Major and Minor Land Partitioning The proposed partition complies with all of the dimensional requirements of the C-C and R'-25 zones, and the requirements of 'this ° Chapter shall be satisfied by the conditions of approval. Chap':er 18.164 - Street and Utility Improvement Standards These shall be satisfied as required by the City Engineering Department and the Washington County Department of Land Use and Transportation. Page 24 - FINDINGS, CONCLUSIONS AND ORDER f Jh'S\ALB8R T.SONS\ F11,~ I N13r ) I With the identified conditions of approval, the application meets _-t7he requirements of the applicable statewide Planning Goals, Comprehensive Plan Policies and Community Development code provisions. The application satisfies the standards of CDC 18.22 in that it is consistent with the applicable plan policies and code provisions. The applicant has submitted sufficient reliable evidence of a change in the neighborhood or community, mistake and inconsistency in the existing comprehensive plan and zoning maps .and text. The conditions of approval require certain changes or additional detail for the approval. Related decisions of the City staff may be appealed under 18.32.110 and 290 for a public hearing and interested parties are entitled to notice of the decisions (so as to perfect an appeal) when requested under 18.32.120(a)(1)(E). The C-N designation has been moved several times since 1983, with the final location north of Walnut Street and east of Scholls Ferry Road. By prior order of the City Council and the final location of Walnut Street, the C-N zoned property comprises 6.93 acres. The redesignation of this site from C-N to R-25 helps to offset the loss of R-25 zoning caused by the proposed C-C designation, and returns the property to its earlier R-25 designation. The proposed 8-acre site for the C-C designation provides a better location for.commercial _development due_ to its physical characteristics and proximaties. It enables the development to be excavated below adjacent residential grades to help mask the larger commercial building' and parking lot behind graded slopes and extensive landscaping, thus' diminishing adverse impacts of noise, light, activity, traffic and the different. adjacent use. It also provides a more practical lot-size and shape, better access, transition of uses and centering of commerce for the area. Some questions were raised regarding the proposals effect on housing requirements. The net loss in zoning 'designated for housing by the proposal will be a maximum potential of 26 units. with this housing reduction the City's allowable housing density will be 10.315 units per acre which is still above the minimum of 10 units per acre for the City under the Housing Rule. The redesignation of the approximately 7 acres of C-N property as R-25 will retain the bulk of the multi-family housing previously located on the proposed C-C lands, in the same area of the City to satisfy the sub-regional needs The loss of 26 multi-family, units will not cause the City to fail to meet any overall requirements for providing availability of multi-family housing or specifically medium-High density residential. The immediate neighborhood association has expressed a desire to acquire ownership of the southern 3.95-acre parcel designated Page 25 - FINDINGS, CONCLUSIONS AND ORDER (,-s\,Lae 7,sc113\PI2:LIIE= j for multi-family dwellings. Applicants are, however, seeking to s retain the multi-family (R-25 PD) designation on this property. _ The issue of acquisition is not a matter to be considered as part of reviewing the approval, standards for this application. Any future zoning and/or comprehensive plan changes proposed for this 3.95-acre property will be subject to a separate application and { public hearing process. Questions were raised regarding the possible need for a vehicular access (fifth driveway) from the shopping center to SW Northview Drive. Support for the additional driveway access included more convenient vehicular access to Castle Hill area, reduction of turning movements at Walnut Street access and Northview Drive intersection with Walnut Street. Contrary arguments included the additional driveway would conflict with the C-C policy of encouraging pedestrian and bicycle use over vehicular ' use, allow drivers to by-pass the traffic light at Walnut and l Scholls Ferry Road by cutting through the shopping center parking i lot (eliminating any expected reduction in turning movements) a I 1 v_ ~y nd increase in noise and vehicular headlight interference with single- family residences along Northview Drive, on balance, the adverse impacts outweigh the advantages for an additional access; and therefore, no vehicular access driveway should be, approved to Northview Drive at this time. A condition of approval to allow for future reassessment is an appropriate solution to this issue. Access and development feasibility questions were raised as to the 3.95-acre multi-family property to the south of the proposed shopping center. The proposed access and development >site ,plan submitted on behalf of the land's owner '(Apr,licant's>Additional Testimony Anc3 Vv~ -J an(- r, - Fsrhi h,+ ) i A--+-; -F; -c +h t r1,o tiite ~;~n feasibly `accommod-ate adequate accessv and development that is compatible with nearby uses and facilities. Many more questions were raised concerning the application of approval standards and proposed design. Applicant has adequately addressed these concerns in AT)Dlicant's Additional Testimony and Bvidenc (January 14, 1994) and the subsequent submittals. In addition, applicant has modified the application to eliminate any request or reference to allowing a gas station use or 24-hour operating hours. In addition, plan ;policies 5.1.3 and 11.1 were raised as being potentially applicable to the application. These provisions relate to considerations regarding the Central Business District, and are not applicable to this application for Community i Commercial plan and zoning` designation and placement. Similarly, policy .8.2.1 regarding coordination with'Tri-Met is not applicable as Tri-Met has no current or projected expansion plan for the application area. Fvideuce of policy 8.2.1.(a) through (d) must all exist before the overall. policy applies. in this instance, the requirement of 8.2.1,(a) is not present. Code provisions 18.60 for Neighborhood Commercial and 18.80 for overlay designations, also do Page 26 - FINDINGS, CONCLUSIONS AND ORDER (.7T13\~L:l 2RTSONS \ FINDINGS) t F~ not apply. The existing N-C district and PD designation are being E eliminated by the proposal. Code sections 18.60 and 18.80 are intended, to address and apply standards for when a N-C or overlay site is to be developed as such. As the proposal does not request ~ the N-C or overlay designations, the provisions do not apply to the application's approval. IV. DECISION AND ORDER i 1 The City Council hereby grants approval of CPA 93-0009/ZCA 93- I 0009, SDR 93-0014, and MLP 93-0013 subject to the following k. conditions. Unless otherwise noted, all conditions shall be satisfied prior to issuance of building permits. i 1. Approve CPA 93-0009/ZCA 93-0009 to change the Comprehensive Plan and Zoning designations on Tax Lot 100 from Neighborhood Commercial (C-N) to Medium-High Residential /Planned Development (R-25 PD), and to change I..,' the Comprehensive Plan and Zoning designation for 8 acres of Tax Lot 200 from Medium and Medium-High Residential/Planned Development (R-12 PD and R-25 PD) to Community Commercial (C-C) i i The Comprehensive Plan and zoning man amendments shall be finalized at the time a building or other development permit (e.g., grading) is issued. 2.. Approve the site Development portion of the application a i with the following conditions: i - f-l, 7 d A L C V 1:JCL .711_G Mali shall by ,emubOt..,t;ttGU l_r approval which includes the following modifications: 1. A walkway system which has sidewalks along each of the SW Scholls Ferry Road driveways as " depicted on Exhibit B. Where 'walkways cross graved surfaces, the use of rdurable, low- maintenance materials designed to be visually distinguishable from the paved 'surfaces shall be provided. Bicycle racks shall be provided within or near the columned facade' area in front of the grocery store structure'. 2. A. staircase sidewalk from the grocery store shall connect with SW Northview Drive. 3. Two of the proposed handicapped psrking spaces in front of the grocery store shall be moved to be adjacent' to the building. Page 27 - FINDINGS, CONCLUSIONS AIVD ORDER i (JWS\A LIRTSOFS\F1rroirrca) 4 The applicant shall supply details concerning the screening of all mechanical equipment to be used on the perimeter of the building or on 1 the roof. .I =j 5. All cooling units shall be as specified within ? the noise study dated September 29, 1994. The study recommended the use of quieter 1 evaporative condensers located within the mezzanine level of the store rather than air cooled condenser units located on the roof. i 6 A detailed landscaping plan shall be provided showing the size and species of landscaping material to be used throughout the development. 7. Building design details shall be provided for the entire development. Of key importance will be consistent size and scale of buildings i and signs. The applicant shall create a sign program for the center identifying the size, location and design of all free-standing and wall signage. 8. All lighting fixtures shall use cut-off j shields to prevent the spill-over of light to r adjoining properties. 9. The southern property towards ST,.' Scholls Ferry - Rear] Phnuld b~; considered to alinvi for fut--i= access between the 3.95-acre parcel and the Albe.rtson's site. STAFF CONTACT: Mark Roberts, Planning Division. b. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department.; Seven (7) sets of approved drawings and one (1), itemized construction `cost estimate, all prepared by a Professional 'Engineer, shall be submitted for final review and approval (NOTE, these plans are in addition to any drawings required -by the Building; Division and should only include sheets relevant to public improvements.) STAFF CONTACT: John Hagman, Engineering Department. C. Building permits will not be issued and construction of proposed public improvements shall Page 28 - FINDINGS, CONCLUSIONS A14D ORDER K-:;~ c.r+s `,at,aer~scNS\rT~minc:;) I , _ i i i °i >1 i A~ i d. Additional right-of-way shall be dedicated to the public along the SW Scholls Ferry Road frontage to increase the right-of-way to 37 feet from the centerline. If the existing right-of-way has been dedicated to the required width, the applicant shall submit survey and title information to confirm. The description of any additional right- of-way shall be tied to the existing right-of-way centerline. For additional information contact Washington County Survey Division. r not commence until after the Engineering Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 per cent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a f permit fee and a sign installation/streetlight fee are required. e. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Scholls Ferry Road frontage, including the frontage of all parcels within the minor land partition. Improvements _along SW Scholls Ferry Road shall be designed and constructed to Washington County Uniform Road Improvement Design Standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Washington County Engineering Department'. For additional information contact Washington County Engineering Department. The applicant shall obtain a facility permit from the Department of Land Use and Transportation of Washington County, to perform' work within the right-of-way of SW Scholls`Ferry Road. A copy of this permit shall be provided to the City Engineering Department prior to issuance of a Publ'ic_ Improvement Permit. 3 i g. Standard half-street improvements, including concrete sidewalk, driveway apron, streetlights, and underground utilities shall be installed along the SW Northview`Drive and "Green Space" frontage of SW Northview` Drive. Improvements shall be designed and constructed to local, street standards and shall conform to the alignment' of '-existing adjacent improvements or to an alignment approved Page 29 - FINDINGS, CONCLUSIONS P.ND ODDER (Jh'S\x LBGl: s0;]s\7,1IM i P.cs ) G i by the Engineering Department. STAFF CONTACT: i j Michael Anderson, Engineering Department. h. The applicant shall submit sanitary sewer plans to the City of Beaverton for their approval. The plans shall also be submitted for the review and E approval of the City, of Tigard Engineering j; Department. A copy of the approved plans shall be provided to the City of Tigard prior to the construction of any public improvements. i. The applicant shall provide an on-site water j'- quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. Submitted design information 4 shall include an operation and maintenance plan. a STAFF CONTACT: Greg Berry, Engineering Department ! k j j. The applicant shall demonstrate that storm drainage j runoff can be discharged into the existing drainage E 1 ways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department. 3 k. i The proposed privately-operated and maintained 'r sanitary sewer and storm drainage system plan- profile details shall- be provided as part of the - ' public improvement plans. STAFF CONTACT: Michael j Anderson, Engineering Department. 1. The applicant shall obtain a ^Joint rt alit` Lrom the City of Tigard. This permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. STAFF CONTACT: Michael Anderson, Engineering Department. M. A grading plan shall be submitted showing the existing and proposed contours. A soils report j shall be provided :detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department. n. The applicant shall provide a geo-technical report that addresses the slope stability adjacent to SW i Northview Drive and the overall grading conditions of the proposed development, in accordance with the `i requirements of Chapter 70 of the Uniform Building Code- STAFF CONTACT: Michael Anderson, Engineering Department. i i Page 30 - FINDINGS, CONCLUSIONS AND ORDER lT+c~AI,➢P.2'L~C::S~PSkFJ Z:'GS) i P'f J i } o. The applicant shall underground the existing overhead facilities along each frontage or pay the fee in lieu of undergrounding. STAFF CONTACT: Michael Anderson, Engineering Department. x P. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November, 1989. STAFF CONTACT: Michael Anderson, Engineering Department. q. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site or within the SW Northview Drive and SW Walnut Street right-of-way. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or sub-contractor involved in the construction of the site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. STAFF CONTACT: Michael Anderson, Engineering Department. As a further condition of approval, duly 'given prior notice(s) and a scheduled public hearing(:) shall be given for any discretionary decision to allow change(s), in, the approved application, such as for future construction of an automobile access from the site to Northview Drive, or changes outside mere compliance with mandatory code provisions and regulations affecting compliance with any conditi.cn of approval identified herein. S. The applicant and all tenants of the shopping center shall restrict the use of mechanical parking lot sweepers, auxiliary, generators, truck-loading activities and other similar excessive noise generating activities to the hours of operation from 6-00 a.m. to 11:00 p.m. daily. t. Windows shall be included in the grocery store facade facing SW Walnut Street by including at least one window in each bay of the columned facade area (constituting not less than a total of four windows).. Page 31 - FINDINGS, CONCLUSIONS AND ORDER ~sr s\ vc~zso~s \ arsoir~s ~ , U. The applicant shall provide a covered walkway in { front of the grocery store, and in particular the entrance way; and the columned facade area may be i used to serve this purpose. E j V. The applicant shall maintain a minimum five-foot- wide unobstructed walkway area in front of the grocery store that is free of display materials or other pedestrian obstructions. W. The driveway entrance at the southwestern corner of i the site along SW Scholls Ferry Road shall be moved i approximately eighteen feet to the south to comply with Washington County standards for driveway '.i alignments with the proposed driveway access across t _ j SW Scholls Ferry Road to t e west. X. In the future the applicant may be required to provide an automobile driveway, in accordance with the design specifications of the City's Engineering Division, for access to or from the parking lot to Northview Drive, as follows: 1. The future driveway would be located south of e the building pad situated near the intersection of SW walnut and No.rthview Drive. 2. The applicant will provide the City with a ! permanent easement for such ingress and egress prior to occupancy. 3. The applicant will be responsible for payment Of costs of construction of such driveway, if and when it is required to be constructed. 4. The city may elect: to require construction of such driveway access' after duly providing notice to all landowners within 250 feet of the site and conducting a scheduled public hearing for such decision. 3. Final Plat Application Submission Requirements. a. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. b. The partition plat and data or narrative drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washy"ngton County, Page 32 - FINDINGS, CONCLUSIONS AND ORDER (J:IS\.4I.3 CR'ZSv.i5\PI :T ZI.'".'S 1 j STAFF CONTACT: John Hadley, Engineering Department. r , THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO FINAL OCCUPANC'Y' PERMIT: { 4. Provide the Engineering Department with a recorded mylar copy of the final survey; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. DATED this day of December, 1994. John Schwartz, Mayor j Tigard City Council December 13, 1994 Council Session I Page 33 - FINDINGS, CONCLUSIONS AND ORDER (JKS\,ALOcJTSaaAr Ftm vrs) si,Y"il5XT C-1 V a ' r s r•!++ J r~ E -V t4 LIq V MUM iC9 s ~t 1- •1r' , Q~ ~.n~~ @ .Mw-`$°'. C 3r: r \ t F~-- ze- f~,, ~ x,53 E Tkf Cj tJ ` p L ~ _x x ~ L~ ~ aA M B I ~ ~ A Fd A yf4 ~v~ t ~ . A ~ czssa r - CIN,, "y -00Oq zm- -00 .7aa.a--.a'~a 1. `6 l s i i i Council Agenda MEMORANDUM a CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council j FROM: William A. Monahan, City Administrator ti DATE: December 20, 1994 - SUBJECT: Council Meeting of December 27, 1994 Unfinished Business Status Report ; i Water Stuff Is preparing a draft Intergovernmental Cooperation Agreement for Council review on Demmber 27. After Council has provided input, we will have the City Attorney's office review the draft before submitting it to take Oswego for comment. The two City Councils will likely meet in late January to discuss remaining issues: • Petrie Reimbursement District Appeal This matter is at LUBA. C4 Attorney Pam Beery will argue the rase on December 21. We continue to take the position that the matter is not a land use issue. Dolan - A na i of intent to file a claim for damages was fled on behalf of the Dolans and Oregonians in Action Legal Center on Dscarnbor 19, 1994. "I'he notico i•t~~, r~fArrevr~S fn 'r_?sea Y`:i_y Ei?finrnn9 ssr?nM' ~s sr i~~~ ~r~n~~ rarri~?r- - -°1 Council Training - Possible dater or a Saturday Councii training/goal satifinq are r January 21, 28, cr Fsbruurj 4, 1995. 1 bAl bring this up for discussion an December 27 so th =at we c:---n make final plans. We, can plan for a han-day session { or rnore, depending upon Council desiro. Flurran Besourcras Section - The recruitment ror human resources Dirscior is prooseding. The closing rate for appiicat ona is January 6, 1995. Brian Ries, i urnan Resouro<as Analyst, has announced that he will also be leaving the Cluj. Brian decided that he wants to pursue another career track. f ilcm,les, Task Force - The savers weather shaiter applicadon for the Senior 1 Conter wili be considered by the Hearings Officer on January 23, 1995. On January 20, 1995, members of ',.o task force vAll meet with representatives of the cities of Tigard, Ming City, Durham, 3 ualatin, Sherwood and Beaverton, as wel° as Wazhington County, to discuss the task force findings and chart 'a course of ac-1-Ion. I vAi draft a letter for Mayor Schy%fartz and Mayor-Elect Nicoli, encouraging ;i e cs~Aos and r urky to take part in the discussion. I P WXA/gh I' COUNCIL AGENDA ITEM r 1 CITY OF TIGARD, OREGON v COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Decehbpr 27. 1994 DATE SUBMITTED: December 21,-1924-, 1 ISSUE/AGENDA TITTZ: Purchase of PREVIOUS ACTION: -ZgjA " jg95 nolige mgh3c ee PREPARED BY: Ranald D._CoodRr DES" 'AD OK CITY ADMINd CDR REQUESTED BY: Donald D. G odnaster ISSUE BEFORE THE COUNCIL -i Shall the City Council approve the purchase of four (4) 1995 police patrol vehicles. STAFF RECQN N pj IOI Staff recommends approval of piggy-backing off State of Oregon vehicle ~g contract for four (4) 1995 Chevy Caprice full size police vehicles. INFORMATION SUMMARY I PROPOSED AL'JKEE~~W 1. AWard bid per staff recommandation. x 1 S. ? L NOTES Total laid award of $78,836.49 is $10,512.49 over the hijdgeted dollar ancount of $68,32A. Hogrever, savings re>ar, made inthe replacement of that CSO vehicle of $3,805.64, a's"Ad the $6,706.85 will be realized in salary savings. . MEMORANDUM 1 TIGARD POLICE DEPARTMENT t TO: William Monahan City Administrator ? FROK: Ronald D. Gooopaster 1 Chief of Police DATE!, December 211 1954 SUBJECT: Purchase of Police vehicles c ' In the 1994/955 budget monies were allocated to purchase four replacement patrol vehicles for the Police Department. The total bid cost of the four vehicles is $75,636.49, which is i $10,512.49 over the budgeted dollar amount of ,$68,324. This year-'s Skate of Oregon bid came back from General Motors at a per unit cost of approximately $2,000 higher than what was anticipated at the time the budget was planned. We could purchase Ford packaged police vehicles for a lesser dollar amount and probably come in F within -budget. However, going to a different brand of vehicle would cause significant problems with parts and repair and training ; of our Mechanics and :could probably far exceed the $2,000 per unit cost over the of the vehicle. = i `p'hie,, dtkl ar amount f o - ;-he Puc ,:7 ase c tt sFc four Poilct:t E5 5 available in the Police budget. Savings were realized with the addition ez the GSO truck of approximately $3,500, an-d the ' i remaining $6,700 is projected to ba realized in salary sc3vixags of i vacant nos;i.tions in the Police: Depar`sment this fiscal year. nI a-ia al,--7,o talked taitr, the Pulblic Works Director and the Chief i crhanic, and their strong recommend-ation is to :stay with General ~ . 1 Motors products. F The Police Department r_eoc=slnds thcY approval of the purchase of th_se four 1995 polio patrol vehic? n under thG State of Or~gon vehicle contract. i This year General :'1-o ors has changed thni b?ci proce, s with the State of Oregon. Unlike previous yr~ars, the delivery tiugs is 1.30 I ~.L~31t~2r orders e .:.ru after days, and they ~ S Ji7 _1 no accept c for vehicles C I i Deceiidber 31, 1994. i i if you have any questions regarding this recommendation, plea:, j feel free to cantact ma at your convenience. i j Brad's Cottage Grove Chevrolet Paw:. PO 09b 2275 Row River :load 8912799 12/21/94 t ottage rove Od ftft-e C +sPQ aY" a®a j NUMB- ULR CN ALL PACKAGES i DELIVER TO: 0 15125 SW HALL BLVD 0 0720 SW BURNHAM STREET L'~. 12800 SW ASH STREET 0 8777 SW BURNHAM STREET 7 l _a ~ J j ( taty Vendor Item Na. Description Dept/Account No. Unit Prise Sxtonded Price 4 1995 Chevrolet Caprice, Police Pkg C1 u11 size 10-1120-703000 78,836. **See attached CRO form for State of Oregon for speciflications I i I I [ y, lyl:.'fb'..f qtr'}.:I~Y2%x~.:Jv 7 36.4 Y r, f F 4 E APPROPRIATION BALANCE: APPROVALS: AS OF: (IF UNDER $50) SECTION MANAGENPROFESSlONA AFF: (IF UNDER $2500) DIVISION (IF UNDER $7J'G) DEPARTMENT MANAGER: (IF UNDER $2+,000) CITY ADMINISTRATOR: ( ER S25C,10) LOCAL CONTRACT REVIEW BOARO:_ `e i AMEND PO Amood PO,1 Amount: Approval: IMPORTANT NOTICE: PLLE ASE NOTE IMPORTANT ADDITIONAL TERMS AND CONDITIONS OF THIS ORDER ON THE REVERSE SIDE ALL OF THESE TERMS AND CONOi%ONS ARE A PART OF THIS ORDER AND ARE CONTRACTUALLY BINDING. Y HOW THIS NUMBER ON AtT PAPERS AND PACKAGES CONTRACT RELEASE STATE OF OREGON PERTAINING TO THIS ORDER ORDER 1 8 7 3 9 PAGE OE 2 C.R d. DATE r City of Tigard, 13125 sw Hall Blvd, Tigard, OR 97223 12/21/94 _ Na.INValcs City of Tigard,, 13125. SW Hall Blvd, Tigard, OR 97223 1 FISCAL YEAR PRICe AGREEMENT NO. ! ACCOUNT iNUAdBER PO 1412799, 10-1120-703000 REQ NO. . AGENCY No. CLASS. FUNO. PROJECT aR AR Rat'RIATlON . KT3491 FOR AGENCY USE VENOOR Brad's Cottage Grove Chevrolet 2275 Row Raver Road Cottage Grove OR 97424 Attn: Wayne Phelps Fp.g. OELiVERY REQUIRED TERMS FO 5a 1 B Deatinationa Freight Allowed P.A. ITEM _ _ OESCRItTiION QUANTITY UNIT UNtT PRICE TaTAI PRICE 1995 Chevrolet Caprice, Police Pkg, Full Size 4 ea 17,873.30 71,493.20 (9Cl) Exterior Color #8743 - Dark Saphire Blue with Nediuza Blue Interior 30 :8x Cloth. C49 Electric Rear Window defogger 146.20 584.80 VK3 Front License plate bracket N/C n/c GOO Liztsited' slip rear differential 86.00 344.00 FB'9 Font/rear Iflocr ma~ delete *Credit* (38.70) (154.80) Dayr/nIght autainat. i c i. earvse"7 adi rror a/axaal a J reading 1rirps 112.66 550.64 E3 f Dual remote electric mirrors 67.08 ~ 268.32 AG). 6-way 6-rice!.-aisle p~„n' ceat(tReq: 2%A7 Par Wivdows) 262.30 1,U49.2u AA7 Pwwr windows w/driver--side express doom, passanger windo,T lock--out 292.40 1,169.60 0 G/R, ~rP235/708.15 All-season SGR Coodys,ar eagle GT+4 tires 55.04 220.16 AA-1 S'p~ci 1 Pair:t - Solid r"C_l S5 A* color 08743 112.66 450.64 6A5 Singlta ki2y locking system ~ N/C NIC 61%3 HD Front/rear rubber floor crvt~rincx 8.60 34.40 6B2 Rear dear inoDerative 11.18 44.72 6N1 lardle inside driver door handle roleases locet 17.21 63.84 6N5 Rear window inoperative 7.74 30.96 6C7 Auxiliary dome light 18.92 75.63 6.T6 Auxiliary rear window red 146.20 584.80 7Y6 Inoperative dome lump 8.60 34.40 6TI6 Rnar door locks inoperative 9.46 37.84 B42 IUD ruL'bor trunk -tat 25.80 103.20 6Y4 Front door body--Side molding P7/C z7/C 8X3 32.21 bil stein gas uhccks 23£,.50 9136.00 'TOTAL a see 2nd pg ' T I CERTIFY T - H; SF fTEPa, Ac IE AUTHOR IZED BY THE DEr- OF GENERAL SE'IVICES y C.y EL - ti. ! CEiT; FY THE ? ;OVE ITEMS ARE WITHIN CUPh PJT SUDGET AL L01:Ah~,E I H E I AU_fHC,l1ZED AGENT ~I .D BY - ?RvJcU Z5-0gSW,3 I REV. 0.92) i hn n n SIGNATU?£ CATE Cis 9617~ ~ i t ~ ~i . PAP THIS N~} PAC G A PAREiaS ANO PACItAQ ES THIS ORDER RT I STATE OF OREGON A PE NING TO O~iDER G 8 7 4 0 E 2 OF 2 PA C.R.O. DATE City of Tigard,, 13125 ,fie Hall Blvd, Tigard, OR 97223 12J21J94 NO. INVO;CEs City of Tigard, 13125 8W Hall Blvd, Tigard, OR 97223 1 I-r6t;q,'L ufta Pitr~.` e4 ' FISCAL YEAR PRICE AGREEMENT NO. PO M12799, 10-+11 0--703000 94/95 ' 4557 CLASS. FUND. PROJECT OR APPROPRIAnON ~ REQ. NO. AGENCY NO. KT3491 FOR AGENCY USE VENDOR Brad's Cottage Groves Chevrolet 2275 Row River Road Cottage Grove OR 97424 Attn: Wayne'Phelps F.O.B. DELIVERY REQUIRED TERMS FOB Destination, Freight Allowed 150 days Net 30 PA ITEM DESCRIPnON OUANTITY UNIT UNIT PRICE TOTAL PRICE 7X6 611 halogen left hand spotlight 107.50 430.00 6H6 Pwr trunk opener switch N/C NIC 63'3 Wiring for grille lights, fiasher,speakers, headlamp flashers 68.80 275.20 Complete Factory.shop manual set including: 1 294.69 294.69 Robdy/mechanical parts listing Shops maint and repair instructions ` caissions manual elcc:trical schem tic, repair labor tim~& manual technical. service cuill' tins & updates FC)edPs c 78,1136. 59 j C. 4T fFV THE A&CdE ITEMS AE WITHIN EURRCNT E~UIJX ET AlLf1+JAP.CE_~ C~1=i\E CiCT I CC9:. IP! 71 ~ 1C° IT- °S Aft _ AUT YCR2 ED C`I THE GEF'T OF G`c NF.aAL SERVICES I3UTHCaiZE6 AGFPJT 'C,~,L~RcD EiY City of Tigard Police Dent 1-t. F#atr rt 3Yr~~]C3mS t~-P I `y12 Ci ty of T igard APPROVED Ron Goodpa er ~ ~ 94 = 1D ~ : ~ ~ ° ~ ~ ATE Police 50 Chief of x-639 -417? .c21 n U 7~~ 3 a I . ,Z~-.is5~; (i3E`J. Ci-~21 _ ~ ~ v f.; ,fi33E