City Council Packet - 07/11/1995
PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the
appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor
at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes
or less. Longer matters can be set for a future Agenda by contacting either the Mayor or
the City Administrator.
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. g4 ness a da _ dems
can be heard in any order aftr 7-30 p m
Assistive Listening Devices are available for persons with impaired hearing and should
be scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 639-4171, Ext. 309 (voice) or 584-2772 (TOD - Telecommunications Devices
for the Deao.
Upon request, the City will also endeavor to arrange for the following services.
• Qualified sign language interpreters for persons with speech or hearing
impairments; and
w G Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to
allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on
the Thursday preceding the meeting date at the same phone numbers as listed above:
639-4171, Ext. 309 (voice) or 654-2772 (TDD - Telecommunications Devices for the D.
SEE ATTACKED AGENDA
C ; iivt.iL AGENDA - JULY 11, 1995 - PAGE 1
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AGENDA
6:30 P.M.
• STU07Y MEETING
> 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.
As you are aware, all discussions within this session are confidential;
therefore nothing from this meeting may be disclosed by those present.
Representatives of the news media are allowed to attend this session, but -
must not disclose any information discussed during this session.
> Agenda Review
7:3® p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 p.m.
2. FESTIVAL OF BALLOONS - UPDATE/PRESENTATION
C Bruce Ellis
7:45 p.m.
. -,.,..;y 3. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:55 p.m.
4. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request that an
item be removed by motion for discussion and separate action. Motion to:
4.1 Approve Agreement for Construction of Recycled Wastewater Pipeline to
Cook Park
4.2 Approved Agreement with Unified Sewerage Agency to Provide Recycled
Wastewater for Irrigation at Cook Park.
4.3 Grant Easement to Oregon Department of Transportation for a Traffic Sign
to Encroach on City Hall Property - Resolution No. 9
Consent &m;& - Heins ReffmW for S . I)is~~ion: I items
r&Wesfed to be tamored from the Consent Agenda W sWwate discussion
moil/ be considwed immediatefy after tine Council has voted on Uwe items
chicle do not need discussion.
COUNCIL AGENDA - JULY 11, 1995 - PAGE 2
r9, .
8:00 p.m.
175. PaBLIC HEARING - CONSIDERATION OF PROPOSED INCREASE TO THE
METZGER PARK LOCAL IMPROVEMENT -W~6TRiiG r
'It'q~t ar® aa$Imaf:
a. Open Public Hearing
8:00 p.m. b. Staff, Report- City Administrator
c. Public Testimony
8:10 P.M. • Washington County Officiais/Metzger Park Board
Member
• Proponents
• Opponents
8:30 p.m. d. Council Questions
e. Close Public Hearing
8:40 p.m. f. Council Deliberation: Resolution No. 95-33
8:45 p.m.
6. PUBLIC HEARING (QUASI-JUDICIAL.) - COMPREHENSIVE 'PLAIN
AMENDMENT AND ZONE CHANGE - CPA 9 /ZON 95-0003
A request to amend the Comprehensive Plan map from Commercial Professional
to General Commercial and change the zoning from C-P to G-C. Location:
Southwest corner of SW Scholls Ferry Road and SW North Dakota Street (Parcel
3 of MLP 94-0013). Applicable Review Criteria: Comprehensive Plan Policies
1.1.2, 2.1.1, 5.4, 8.1.1 and 12.2.1 (2); and Community Developmend Code
Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) - allows for
several uses including convenience sales and services, eating and drinking
establishments, general retail sales, and medical and dental services.
7IM22 are 'itl,_ t
8:45 p.m. a. Open Public Hearing
8:50 p.m. b. Declarations or Challenges
8:55 p.m. C. Staff Report: Community Development Department
9:00 P.M. d. Public Testimony
- Applicant
- Proponents
- Opponents
- Rebuttal
9:20 p.m. e. Staff Recommendation
9:25 p.m. f. Council Questions
g. Close Public Hearing
9:40 p.m. h. Council Consideration: OrdOaRee-No. 95-,3q
COUNCIL AGENDA - JULY 11, 1995 - PAGE 3
0.
9:50 pa.m.
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asv~otvvtt. oate~~oe~eC~&i ®®V6~A - REQUEST FOR FUN-WING F R " v oiE wo-a-AjR'
OF THE ART"
a. Staff Report -Finance Director
b. Council Consideration - Resolution No. 95-_
10:05 p.m.
S. SEVERE WEATHER SMELTER UPDATE
a. Staff Report - City Administrator
b. Council Questions/Discussion
10:20 p.m.
9. APPOINTMENT OF A COUNCILOR TO THE HISTORIC SITES AND DISTRICTS
COMMITTEE
a. Staff Report - Community Development Department
b. Council Questions/Discussion
C. Appointment by Mayor
10:35 p.m
10. NON-AGENDA ITEMS
10:45 P.M.
11. 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. As you are aware,
all discussions within this session are confidential; therefore nothing from this
meeting may be disclosed by those present. Representatives of the news media
are allowed to attend this session, but must not disclose any information discussed
during this session.
11:00 P.M.
12. ADJOURNMENT
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COUNCIL AGENDA - JULY 11, 1995 - PACE 4
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Council Agenda Item
TIGARD CITY COUNCIL
MEETING MINUTES - JULY 11, 1995
• Meeting was called to order at 6:36 p.m. by Mayor Nicoli.
1. ROLL CALL
Council Present: Mayor Jim Nicoli; Councilors Paul Hunt, Bob Rohlf, and Ken
Scheckla. Staff Present: Bill Monahan, City Administrator; Jim Coleman, Legal
Counsel; Ron Goodpaster, Chief of Police (Study Session only); Jim Hendryx,
Community Development Director; Carol Landsman, Senior Planner; Liz Newton,
Assistant to the City Administrator; Ray Valone, Associate Planner; Ed Wegner,
Maintenance Services Director (Study Session only); Catherine Wheatley, City
Recorder; and Randy Wooley, City Engineer.
STUDY SESSION
• The Tigard City Council went into Executive Session at 6:36 p.m. under the
E provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
li
Executive Session adjourned into open session at 7:22 p.m.
• Public alcohol consumption ordinance proposal - Chief Goodpaster reviewed this
issue. He advised staff had been looking at a draft drinking-in-public-places
ordinance to gain the ability to deal with people who cause problems. Chief
Goodpaster advised he was presenting this issue to Council to hear their ideas
or concerns on this matter.
Chief Goodpaster advised this proposed ordinance would not pertain to anyone
s. consuming alcohol in their own yard or at licensed OLCC events. In addition,
alcohol consumption would be permitted in such places as a sidewalk cafe. The
ordinance is looking to restrict or prohibit alcohol consumption in public places,
at such places as City parks or walking down "Main Street" for example.
Council discussion followed. It was decided that the Council would again discuss
the matter on July 25, 1995. Some issues td be resolved, including the following
points or situations:
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CITY ^01 1K1r%11 11
Vv~wi~ nw wnlvv 1 ES - JVLT 11 , 1995 - PAGE 1
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Alcohol at public or private wedding receptions or similar private functions
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in the nark,
Concerns with "responsible" people consuming wine and beer in a park.
Questioned whether this needed to be regulated.
How to address people who are "not responsible."
Present Council with a clear understanding of what the ordinance is trying
to accomplish.
Advised that at least one Councilor would not want an ordinance created
which would "look the other way" in some instances.
WalnuttTiedeman Intersection
Consensus of Council was to agree that City Engineer Wooley should proceed
with securing a potential funding source for the intersection improvements.
• Speed Bumps
City Engineer Wooley reported that City staff was going ahead with the process
to construct speed bumps on three of the four streets named by the Citizen
Involvement Teams. Part of the process was to determine whether the
neighborhoods supported the speed bumps. It appears Summerfield Drive does
not have the required neighborhood support.
Metro 2040 Comments
After brief discussion, Council decided to schedule a more in-depth discussion on
the Metro 2040 project on July 25. The purpose of this discussion will be to
determine comments that should be forwarded to Metro on the project.
• Summerlake Park
City Administrator Monahan reported that survey crews will be at Summerlake
Park to determine park property lines. In some instances, it appears that private
property owners have installed sprinkler systems which may be on park property.
Council meeting recessed at 7-An rn, rn
Council meeting reconvened at 7:46 p.m.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 2
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Councilor Rohif advised that the 130th/VVinteriake Task Force met for the first
time on July 10.
Councilor Scheckla announced that the Community Development Block Grant
Board meeting was postponed from July 12 to August 10.
2. Festival of Balloons - Update/Presentation
(This item was set over to a future meeting)
3. VISITORS AGENDA
Michael Brewin, 9955 SW Kable, Tigard, Oregon, presented a petition to the City
Council from the residents/homeowners in the vicinity of 9800-9900 of SW Kable
Lane and SW 100th. Mr. Brewin testified with regard to the fact that many small
children live on SW Kable Lane. He advised that visibility on the street is
hampered where the street curves, due to houses and legally parked boats and
cars. Mr. Brewin advised that 25 miles per hour is too fast to be traveling through
the curves and recommended the speed be reduced to 20 miles per hour.
He advised that many times people drive in excess of the speed limit and that
neighborhood children are at risk. Mr. Brewin requested that in addition to a
lower posted speed limit of 25 miles per hour to 20 miles per hour, that a
"children playing" sign be posted. He also asked for a southbound stop sign on
SW 100th at SW Kable.
After discussion, this item was referred to City staff, including the Engineering and
Police Departments, to determine the possibility of the request presented by Mr.
Brewin.
r CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 3
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4. CONSENT AGENDA
4.1 Approve Agreement for Construction of Recycled Wastewater Pipeline to
Cook Park
4.2 Approved Agreement with Unified Sewerage Agency to Provide Recycled
Wastewater for Irrigation at Cook Park.
4.3 Grant Easement to Oregon Department of Transportation for a Traffic Sign
to Encroach on City Hall Property - Resolution No. 95-32
Council discussed Agenda Items No. 4.1 and 4.2. These items were set over to
July 18, 1995. Council asked for clarification on several items, including the
following:
• If we add acreage to Cook Park which the City will want to irrigate with
effluent, does this contract give us the ability to increase the amount of
effluent taken?
• Will the agreement prevent us from obtaining more effluent in the summer
from USA?
• III the pipe size proposed in the agreement handle the City's needs if it
expands the size of the park?
• The contracts refer to two dollar amounts; please clarify.
• Is 60 psi enough to run the sprinklers, or will it be necessary to install a
pump to run irrigation?
• Is the 60 psi at the top of the property or below the top of the hill, and does
this have any affect on the pressure that is available to irrigate?
Council then considered Item 4.3.
RESOLUTION NO. 95-32 - A RESOLUTION AUTHORIZING THE MAYOR AND
CITY RECORDER TO SIGN AN EASEMENT TO THE STATE OF OREGON FOR
A TRAFFIC SIGN ALONG HALL BLVD.
Motion by Councilor Hunt, seconded by Councilor Scheclda, to adopt Resolution
No. 95-32.
R= Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hunt, Rohlf and Scheckla voted "yes.")
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 4'
F
5. PUBLIC HEAPING - CONSIDERATION OF PROPOSED INCREASE TO THE
METZGER PARK LOCAL IMPROVEMENT DISTRICT
a. Public Hearing was opened.
b. City Administrator Monahan summarized the staff report, which is on file
with the Council packet materials. The purpose of the hearing was to
receive comments from the public and Washington County representatives
with regard to a proposed increase in the Metzger Park LID assessment.
Impact to Tigard residents is estimated to be a $3.00 increase to the owner
of a $100,000 home. The amount received from the district levy increase
will be $60,500, up from the $40,500 currently received by the assessment.
C. Public Testimony.
• Larry Eisenberg and Chris Wayland testified, representing
Washington County. Mr. Eisenberg reviewed the County's request
as summarized in the Council packet material. In addition, Mr.
Eisenberg distributed two pages of information:
A bar chart entitled Metzger Park LID Six Year Revenue and
Expenditure History.
Metzger Park LID Assessment Increase Six Year Allocation.
(Above information are on file with the Council packet material).
Mr. Eisenberg reviewed the identified need for the assessment
increase. In addition, Mr. Chris Wayland and several Board
members from the Metzger Park Advisory Board were also present
to answer questions. Mr. Eisenberg advised the assessment would
take care of about 80% of the expenditures for the park. The
remainder of the expenditures would come from user fees.
Mike Donovan clarified that the park shelter was a 3,200 square foot
building suitable for year-round use. Repairs were identified as
needed for the building.
• Mike Becklan, citizen who asked to comment, suggested that the
operation worked as efficiently as possible. He suggested the
County consider laying off one of the 20-hour-per-week employees,
and hire one employee for 40 hours. He advised savings would be
realized if just one person maintained the ground and rented the
building. Mr. Becklan advised he was not against maintaining the
park, but would like to see it run more efficiently.
y CITY COUNCIL MEETING MINUTES -JULY 11, 1995 -PAGE 5
d. Council questions
Col i Ccil- Hunt ao 1 mcnacd that is had stated pr Cviously t1 iC Uniy way he
would vote for this increased assessment was if an inquiry had been sent
out to Tigard property owners with a way in which they could send a
response to the City. He noted he thought this was a good park and that
the County staff was doing a good job. He had some concerns about
double taxation an these residents insofar as they are paying taxes for City
parks, and also paying this LID amount. He said he had wanted
information from these residents about how they feel about this situation.
e. Public Hearing was closed.
f. Mayor Nicoli and Councilors Rohlf and Scheckla advised of their support.
Comments were made about the good management job of the property.
g. RESOLUTION NO. 95-33 - A RESOLUTION OF THE CITY OF TIGARD
APPROVING AN INCREASE IN THE LOCAL IMPROVEMENT DISTRICT
ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF
METZGER PARK.
h. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt a
Resolution No. 95-33.
Motion was approved by a majority vote of Council present (3-0-1). (Mayor
Nicoli and Councilors Rohlf and Scheckla voted "yes;" Councilor Hunt
abstained.)
It was noted that Washington County will be conducting a hearing on this
issue as well. This hearing is scheduled for July 25, 1995.
6. PUBLIC HEARING (QUASI-JUDICIAL)) COMPREHENSIVE PLAN AMENDMENT
AND ZONE CHANGE - CPA 95-0002/ZON 95-0003
A request to amend the Comprehensive Plan map from Commercial Professional
to General Commercial and change the zoning from C-P to G-C. Location:
Southwest corner of SW Scholls Ferry Road and SW North Dakota Street (Parcel
3 of MLP 94-0013). Applicable Review Criteria: Comprehensive Plan Policies
1.1.2, 2.1.1, 5.4, 8.1.1 and 12.2.1 (2); and Community Development Code
Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) - allows
for several uses including convenience sales and services, eating and drinking
establishirnents, general retail sales, and medical and dental services.
a. Public Hearing was opened.
CIS' COUNCIL MEETini , AAIKII ITFS _ ,Ill_,Y 11; -PAGE 6
1995
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b. Declarations or Challenges - Mayor Nicoll read the following statement:
Do army members it ich M r~~nrP 9n" ey mnra~ o.,a a or
_ _ army of Council
tie
information gained outside the hearing, including any site visits? (None
were reported.)
Have all members familiarized themselves with the application? (All
members; indicated they were familiar with the application.)
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the participation
of any member of the Council? (There were no challenges.)
Councilor Rohlf made the declaration that he would not participate in
discussion or deliberation on this issue, because he lived on SW North
Dakota Street which was near the property under consideration.
C. Staff Report.
Associate Planner Ray Valone summarized the staff report. The proposed
r,y4 Plan Amendment and Zone Change concerns one parcel of land located
along the west side of North Dakota Street just south of SW Scholls Ferry
road. The applicant, Pacific Crest Partners Scholls, has requested this
action in order to expand the range of permissible uses to those allowed
under CG zoning.
The Planning Commission recommended denial of CPA 95-0002/ZON 95-
0003 at its hearing of June 19, 1995. The proposed resolution, Final
Order, and vicinity map for this proposal were submitted in the Council
packet material. In addition, the applicant submitted a written narrative and
traffic impact analysis.
Mr. Valone reviewed the elements of the Final Order (see attachment to
Resolution No. 95-34). Staff found that all applicable approval criteria to
support a Comprehensive Plan Amendment and Zone Change have not
been made. The statement submitted by the applicant regarding
Comprehensive Plan Policy 1.1.2 (Implementation Strategy 2) requiring that
the City find a change of physical circumstances has occurred, or a
mistake was made in their original designation, is not a valid argument. It
does not address a physical change of circumstances, but is based on the
market demand for commercial retail and office land uses. Staff cannot,
therefore, make findings to support the proposed amendment and zone
change.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 7
P"v
d. Public Testimony.
Mayor Nicoli read the following statement:
{ - For all those wishing to testify, please be aware that failure to raise
an issue with sufficient specificity to afford the Council and parties r
an opportunity to respond to the issue will preclude an appeal to the
Land Use Board of Appeals on this issue. Testimony and evidence
must be directed toward the criteria that staff will describe or other
criteria in the plan or land use regulation which you believe apply to
the decision.
Applicant:
Dan Boyden, owner of property, Pacific Crest Partners Scholls, 911 Oak
Street, Hood River, Oregon, 97031, testified. Mr. Boyden referred to a
map with regard to site data and reviewed the history of the zoning and
conditions of zoning surrounding this property. Mr. Boyden was asking for
{ a C-G zone and would like to place a video store or neighborhood retail
type of business in this area. He noted if the zoning was not changed,
then a use such as a fast food restaurant would be permissible which
would be less compatible with the neighborhood.
>t Richard Allan, Ball, Janik, and Novack, 101 SW Main Street, Suite 1100,
Portland, Oregon, 97204, also testified on behalf of the applicant. Mr.
Allan noted that the staff report did not advise that with the Planning
Commission denial, none of the Commissioners were happy with the
situation created by the zoning code with regard to the uses allowed and
not allowed. Mr. Allan said the Planning Commission vote was 3•-2, and
discussion occurred over the problem created when the C-N zone had
been used by the St. Vincent Medical Center. A C-N zone cannot be used
at two places at the same intersection. He advised the Planning
Commissioners "felt they didn't have a way out" and. therefore voted to
deny the application.
He advised the application would be the least intensive commercial use
and would serve the neighborhood. He advised the zone change could be
limited to one of only three lots on the sites. In addition, Mr. Allan noted
that Lots 1 and 2 currently have deed restrictions with regard to
y commercial usage. Those deed restrictions would remain on those lots.
a
Mr. Allan distributed a copy of the City of Tigard Ordinance No. 86-58 and
referred to a map contained in that ordinance (listed as Exhibit "A"). He
asserted the uses provided do not necessarily serve a neighborhood. Mr.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 8
F
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g- Allan noted the St. Vincent Medical Clinic is also C-N zoning, but was also
a permitted use under a different zoning. He noted this constituted a
physicai change of circurn:tarces.
He described the applicant's proposal for a deed restriction. He noted the
intent of the 1966 ordinance was to serve the neighborhood. He advised
that a change in circumstance citing the surplus and shortages of types of
zoning which remained available. (see Council packet materials for the
statement in support of application for quasi-judicial Comprehensive Plan
Map Amendment and Zone Change that was submitted by the
applicantlowner, Pacific Crest Partners Scholls.
Mr. Allan advised the Planning Commission wanted to convey to Council
that a solution is needed. He said it was important to meet the
neighborhood's needs to allow commercial.
There was brief discussion and questions presented by Council members
with as to whether assurances could be provided with regard to uses of the
property should this property be rezoned. Also discussed was whether the
deed restrictions would be a viable alternative. Council also discussed
whether this use would draw traffic through a residential area. Mr. Boyden
advised that the Oregon Department of Transportation would not allow
access off Scholls Ferry Road. He also referred to the traffic study done
for the area. Mr. Boyden advised that uses in the C-P zone could generate
more traffic than the video store, and noted this change would not increase
traffic over those uses.
In response to a question from Councilor Scheckla with regard to lighting
on a video store, Mr. Boyden noted the identified tenant, Hollywood Video,
advised they would work with the neighbors in that regard. With respect
to the question as to what recourse the neighbors would have if it was felt
that the lighting was offensive, Mr. Allan advised of the orientation of the
building. There was some discussion about the fact that site development.
review has already been done. Mr. Allan also advised that there was a 20-
foot buffer area.
• Dave Bloom, 12530 SW Glacier Lily, Tigard, Oregon, testified in support
of a video store. He advised he would prefer a video store over a fast food
restaurant. He noted that there was an offer for a deed restriction.
Mr. Bloom referred to City of Tigard Ordinance No. 95-15 regarding parking
restrictions. He would like to have the area posted with a no
parking/stopping sign or a tow zone sign much the same as the City of
Beaverton has done on some of their streets. Regardless of the outcome
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 9
of the this hearing, Mr. Bloom advised he would like to see these signs
posted. Mayor Nicoli advised the City Administrator would review Mr.
7 ♦ with J A- Al-
Bloom s requesI. with regard LO U1 Slgfl~.
Ron Holbrook, 9880 SW 90th Avenue, Tigard, Oregon, 97223, advised he
lives in the neighborhood and was very much in favor of the zone change,
noting it would be positive for the neighborhood. He said he lives 1.4 miles
from this intersection and would travel to this site from Scholls Ferry Road
to SW North Dakota.
• Mark Perkins, Hollywood Videos, 6152 SW Bonita Road, No. 8107, Lake
Oswego, Oregon, 97035, noted that Hollywood Video would like to locate
in this area which is not currently served by Hollywood Video. In response
to a request from Councilor Scheckla, Mr. Perkins reviewed his hours of
operation and advised of the amount of parking needed for such an
operation.
• Leslie Cooper, 12560 SW Glacier Lily, Tigard, Oregon, 97223, testified in
favor of the request made by the applicant, noting she would rather have
this neighborhood type of use as opposed to professional offices, and
noted the neighborhood would use it more.
• Michael Schock, 8435 SW Halter Trail, Beaverton, Oregon, 97008, noted
he has lived in the area since 1984 and shops and patronizes businesses
in this area. He advised he believes this would make a good addition to
the neighborhood. He noted the changes over the years, which included
development of single-family and multi-family dwellings. He also pointed
out that Scholls Ferry Road has been changed to a five-lane road and is
f well lighted. He said it is difficult to find tenants that are good for small
retail operations. He said he believed the applicant would offer a great
addition and expressed his support.
• Vicki Cowan noted she lives adjacent to the proposed property and advised
she was not opposed to a video store, but expressed concerns with the
hours of operation. She referred to testimony wherein it was indicated that
some of the video stores are open until 2 a.m. Ms. Cowan advised she
would prefer a video store to a fast-food restaurant.
• William T. Hefferfinger, 10662 SW 127th Avenue, Tigard, Oregon, 97223,
testified that he owned and resided in the house directly behind the subject
property. He referred to previous problems with raw sewage and other
conditions of the property. He noted he wouid rather see a video store
than a fast-food restaurant on the subject property.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 10
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• France Peters, 10648 SW 127th Court, Tigard, Oregon, 97223, testifed
that she lives behind the subject property. She would rather have a video
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lighting and hours of operation.
Ed and Parrm Halberg, 12630 SW Glacier Lily Circle, Tigard, Oregon,
97223, testified as co-Presidents of the Summerlake Homeowners
Association. On behalf of the Association, Mr. and Mrs. Halberg testified
in support of the application. Mr. and Mrs. Halberg noted they have made
inquiries and distributed questionnaires asking about the support of the
application. The majority of the Association was in favor of the video store.
It was noted the business is neighborhood oriented, and the residents
could walk or bike to the store; thus not adding to traffic. Mrs. Halberg
referred to the proposal for a deed restriction for the site. In addition, the
homeowners do not want a fast-food restaurant. Mrs. Halberg referred to
people opposing the zone change who live outside the City and are doing
so for monetary reasons. Mrs. Halberg advised this was a neighborhood-
friendly use and Hollywood Video has indicated they will work with the
neighbors and ask for Council to approve the application.
Mr. Halberg emphasized that weight should be given to the neighborhood's
desires for this use the opposition does not live in the neighborhood. He
advised he believes the applicant would work with the neighborhood to
assure the use is what they want.
In response to a question from Councilor Scheckla, Ms. Halberg advised
she did not believe people would travel from out of the area to the video
store since video stores are available at many locations. She also advised
Hollywood Video Stores do not necessarily have the same lighting at every
store; it depends on the location.
In response to a question from Mayor Nicoli with regard to the 214 homes
in the Summerlake Neighborhood Association, (how many responses were
received to the poll), Ms. Halberg advised that between 50% to 75% of the
people responded.
Opponents:
• Dan Spriggle, 180 West First, Dundee, Oregon, 97217, advised he is the
owner of three video stores. He reminded Council that the issue was not
about Hollywood Video, but the Comprehensive Plan Change and Zone
Map Amendment.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 PAGE 11
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He advised he believed there had been no mistake and no physical change
had occurred that would warrant approval of the application. Mr. Spriggle
submitted information to City Council (on file with the Council packet
material) with regard to traffic information. He referred to a report from the
firm Traffic Smithy and also a bar graph which showed sales. In addition,
the information Mr. Spriggle reviewed with Council included a letter dated
" y May 25, 1995 from Mackenzie Engineering, Inc. to Washington County
Land Use and Transportation.
Mr. Spriggle disputed the amount of trips that were estimated to impact the
site. He advised there would be a significant traffic impact.
Andrew Jordan, 1600 SW Cedar Hills Blvd., Portland, Oregon, and Wallace
Hobson, 610 SW Alder, Portland, Oregon, 97205, testified as opponents
to the application. Mr. Jordan noted he represented owners of the Nimbus
Center. He advised they agree with the recommendation by the staff and
Planning Commission. He advised there had been no change in
circumstances or physical changes. He also disputed the use of tools such
as deed restrictions that represented "ad hoc" planning. He noted if it was
determined that the Code was defective, then the Code should be
changed, rather than approving this particular application.
Mr. Hobson advised he was present to testify with regard to past
conditions. He had participated in a 1986 request for a zone change. He
noted that at the time the area was over-supplied in office zoning and
under- supplied in retail zoning. He said the C-P zone uses were
extremely liberal and there was a healthy demand for such uses.
Mr. Hobson also disputed the applicant's assertion that this was a retail
location not suitable for office and gave examples of combination retail
office sites in several areas.
Mr. Hobson advised the applicant had used a scare tactic with alluding to
the possibility of a fast-food restaurant if the zone change were not
approved. He said he hoped Council would not respond to that tactic.
Council recessed at 9:55 p.m.
Council reconvened at 10:12 p.m.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 12
Rebuttal:
Mr. Allan advised that the opponents consisted of the owner of a video
store across the street from this location, and the Nimbus Center which
had a sign posted "Videoland Coming Soon."
With regard to Mr. Spriggle's testimony on traffic, Mr. Allan advised traffic
studies were done in the area and the information was provided as part of
the record. He referred to Mr. Jordan's testimony concerning a
tremendous increase in usage with a combined convenience and video
store. Mr. Allan said there was no proposal for such a combined use.
Mr. Allan referred to Nimbus Center representatives' testimony that the C-P
zone was leasable. He referred to a closely related zone change request
which was granted for Nimbus about a year ago.
Mr. Allan disputed the claim that they had "terrorized" the neighborhood
into the project. He noted the neighbors had contacted the applicant with
concerns and the applicant had been working in good faith with the
neighbors.
Mr. Allan mentioned again the proposed deed restrictions which were
offered to address concerns with regard to compatible uses in the future.
e. Council Comments/Questions:
Mayor Nicoli advised he believed the applicant's request was flawed; he
could not determine where they had proved that a change in circumstance
had occurred. Mayor Nicoli expressed concerns that information had not
been presented so that Council could approve the request and have it
stand up to a court challenge.
Mr. Allan responded that the C-N zone was utilized in this area and
therefore a C-N zone application could not be requested for the area. He
also responded to the inquiry as to why a legislative change was not
sought which would allow this use. A request for a legislative change was
premature. He noted a legislative change would affect all of the City. Mr.
Allan referred to the properties surrounding the area which were rezoned
g. and have not been challenged in court.
_ i
Mayor Nicoli reiterated that he still had concerns that the criteria had not
been met for a zone change and would not withstand a challenge in court.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 13
Mi 1 1:118 11:11 CRIME,;
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f. Staff Recommendation
A~cnria~o ®ianner Malone advised that b -.erj nn the. inability of the.
applicant to meet Comprehensive Plan Item 1.1.2, staff recommended
denial.
4
g. Council (Questions
Discussion on the proposed deed restrictions followed. Legal Counsel
Coleman advised that deed restrictions would be enforceable. He noted
the conditioning authority of Council was limited in this instance. He noted
this would be a method to circumvent the allowed use limitation of the
Code. He noted the test would be to determine how defensible conditions
of approval would be. In response to Council questions, he outlined the
method to make a text amendment. Legal Counsel Coleman advised that
a text amendment, through the legislative process, would be more
defensible.
City Administrator Monahan also advised that no assurances could be
made that a legislative text amendment would occur. He said that it may
be that when such an amendment goes through the hearing process with
Planning Commission and Council, other concerns may be discovered.
h. Public Hearing Closed
i. Council Consideration
Councilor Hunt noted difficulties he had in turning this request down,
especially in light of the support of the neighborhood. He said that it
appeared that from advice from Legal Counsel, this request is not
supportable in the way it is presented. He noted that if Council should
have to deny the request, he would like staff to work with the applicant to
pursue a different approach so that Council could find a way to support
what the people want.
Councilor Scheckla also referred to the neighborhood support for this
request. He noted Council must live up to what the Code provides and
that a solution must be reached in the appropriate way.
In response to questions, there was discussion on the possibility of having
the applicant prepare findings to support the request. After discussion, City
Administrator Monahan noted that if new evidence is presented, then the
hearing process would need to be reopened for additional testimony.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 14
- a
Legal Counsel Coleman also noted that a change could allow uses other
than a video store which may be less viable for a neighborhood.
RESOLUTION NO. 95-34 - A RESOLUTION BY THE TIGARD CITY
r,.
c COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN
APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 95-
0002) AND ZONE CHANGE (ZON 95-0003) REQUESTED BY PACIFIC
CREST PARTNERS SCHOLLS
i. Motion by Councilor Scheckla, seconded by Mayor Nicoli, to approve
Resolution No. 95-34 denying the application.
Motion was approved by a majority vote of Council present, 2-1. (Mayor
Nicoli and Councilor Scheckla voted "yes;" Councilor Hunt voted "no."
Councilor Rohif did not vote on this matter see declarations and
challenges under Section "b" above for this agenda item.) ,
Councilor Rohlf requested that if this issue was reconsidered, that the City
notify residents along North Dakota Street. He noted the apparent
unanimous support of the neighborhood may be altered, as he did not think
the North Dakota residents had received notification of this matter.
Mayor Nicoli advised the decision is final and appealable to the Land Use
Board of Appeals.
7. COUNCIL CONSIDERATION - REQUEST FOR FUNDING FOR "THE AFFAIRS
OF THE ART"
This item was set over to July 25, 1995.
8. SEVERE WEATHER SHELTER UPDATE
City Administrator Monahan and Interfaith Outreach Executive Director Kim Brown
reported to Council on this item.
Assessment of the pros and cons of operating the shelter at the Water Building
was reviewed. (See staff report on file with the Council packet material).
After hearing the update from City Administrator Monahan and Executive Director
Brown, Council decided to discuss the issues further at a future meeting. Council
agreed that the City staff should not take reservations for the Water Building for
use of the building's rooms for the period November 1, 1995 through March 31,
1996. Council indicated that they were inclined to favor operating the shelter {
every evening from November 1 to March 31, but would like to discuss the issue
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 15
X:
a~
further. Council indicated they wanted to receive information with regard to the
regional efforts addressing the homeless situation.
Council was also concerned that a facility providing good meeting rooms was no
longer available to the community. City Administrator Monahan advised that the
Metzger Park Advisory Board is considering Tigard's request for a special non-
profit fee for those people who would like to use the Tigard facilities who might
be accommodated at the Metzger Park building.
City Administrator Monahan noted that the Water Building is a better alternative
than the Senior Center Building because of the lack of neighbor concerns
associated with the Water Building.
In response to whether Interfaith Outreach Services would be able to fund a
seven-day-a-week program at the Water Building, Ms. Brown advised that
additional funding was received from the County, Beaverton, and private
organizations.
Ms. Brown reviewed the plans that the Tigard Methodist Church has for leasing
p
land tat Interfaith Outreach. Interfaith Outreach will need to raise funds to erect
a building on this land.
There were concerns expressed by Councilor Scheckla with regard to where the
people, who use the shelter at night, go during the daylight hours. Ms. Brown
advised that many have jobs and go to work; those with children go to another
facility where there is a parent/child program.
Mr. Monahan noted that a seven-day-per-week operation would present other
impacts referring to experiences at the Library. Councilor Scheckla suggested
that a tent of some kind could be placed somewhere to a commodate people
during the day.
Councilor Hunt noted concerns with Tigard trying to support both the local project
(facility at the Methodist Church) and the regional effort.
Council will discuss this issue further and have representatives present from the
regional effort. This will be scheduled in August on a Council agenda.
Ms. Brown then presented a plaque to the City of Tigard in appreciation for the
leadership Tigard has shown with regard to the homeless situation. Ms. Brown
noted that Tigard was a leader in the County.
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 16
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9, APPOINTMENT OF A COUNCILOR TO THE HISTORIC SITES AND DISTRICTS
,Raw t-r%A AC. A 1T-rrr
v.✓rv~rCl 1 1 LL
Mayor Nicoli will serve on this committee. Council asked for clarification on the
operation and scope of authority for this committee. Specifically, Council will
need information on how to apply the historic overlay district section to the
property if the City were owners of the property but not the building.
'Ig. NON-AGENDA ITEMS
In response to a question from Councilor Scheckla, Community Development
Director Hendryx advised that nine inquiries had been received with regard to the
Planning Commission vacancies. Three applications have been returned; staff will
give interested parties another week to turn in their applications. Mayor Nicoli
and Councilor Hunt are on the interview committee for these positions.
11. ADJOURNMENT: 11:39 p.m.
Attest: herine Wheatley, City Recorder
or, City Tigar
Date: ~~GI tws
ccmo7l 1.95
H
li
1
CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 17
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COMMUNITY NE SPAP RS9 INC. Legal
N503) 684-0360 k E C E I V F ~otice TT 8 2 4 9
a P.O. BOX 37 6EAVERT0N, OREGON 97075
q Legal Notice Advertising "JUL 199;
®City of Tigard ® ❑ Tearsheet Notic47ITY OF TIGARD.
13125 SW Hall Blvd.
°Ti gard , Oregon 97223-8199 @ ❑ Duplicate Affidavit
®Accounts Payable-Terry 0
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the ~[J_gard-Tna 1 at; n `Mmes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforgsaid county and state; that the
City Council Business Meeting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
July 6,1995
Subscribed and sworn to fore me this 6 h d of July 1995
OFFICIAL SEAL
ROBIN A. BURGESS
NOTARY PUBLIC - OREGON
Nota Public for Oregon COMMISSION NO. 024552
MY
L4y i6 COMMISSION EXPIRES MAY16,1997 j
~TnTiiSSivn Expires: - - - -
AFFIDAVIT _
R
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wism
Y^ _i
MOM Emil
I
The`foll"owing meeting highlights are published for your information: Full
agendas.may be obtained from the City Recorder, 13125 S.W. Hall
Boulevard, Tigard, Oregon 97223, 6r bylealling:639-4171.
CITY COUNCIL BUSINESS MEETING
JULY II; 1995.
TIGARD CITY HALL TOWN HALL - -
` 13125 S.W. HALL BOULEVARD„TIGARD, OREGON
Study Meeting (Red Rock Conference Rcom) (6:30 P.M.)
e Executive Session:; The.Tigaid City Council, inay go into Execu-
tive Session under the grrov ions of ORS 192;660 (1) (d), (e), &
(h). to discuss labor relations, real property transactions, current."
pending litigation issues x
and
p gen Review
A ds
Business Meeting (Town Null) (7:30 P.M.)
x
o . Public hearing- proposed assessment increase for the Metzger j
Park Local Improvement District.
a Public hearing- Comprehensive Plan Amendment'(CPA}`_
95-0002/ZON CHANGE (ZON) 95-0003. A request to amend ,
the Comprehensive-Plait-inapi from- Commercial-Professional to
General Commercial and change the zoning from. C-P to G-C.
LOCATION: Southwest corner of S.W. Scholls Ferry Road and
S.W. North Dakota Street (Parcel 3 of MLP 44-0013):
Update: Interfaith Outreach Program in Tigard:
Local Contract Review Board Meeting'
TT8249 -Publish July 6, 1995.
a .
F~ BONN
COMMUNITY NEWSPAPERS, I NC. Legal
P.O. BOX 370 PHONE (503) 684.0360 i< E C E I `f igtLoe TT 8250
BEAVERTON, OREGON 97075
U L 111995
Legal Notice Advertising
City of Tigard ® 13 Tearsheet Notice CITY UE71GARL
13125 SW Hal]. Blvd. 13 gTigard,Oregon 97223-8199 ® Duplicate Affidavit
%ccounts Payable-Terry e
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss'
I, Kathy Snydpr
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of thdPi anrd-Tualatin Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
Notice Pohl i ~ Mtg,MP, f-? sPr Park
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE. successive and
consecutive in the following issues:
July 6,1995
Subscribed and sworn to fore me this 6th day of July, 1995 OFFICIAL SEAL
NOR RY PUBLIC OREGON
COMMISSION NO. 024552
Nat Public for Oregon A1Y COMMISSION EXPIRES MAY 16,1997
Arty Commission (Expires:
AFFIDAVIT
yy
tr
;NOTICE OF PUBLIC HEARING.
TIGARI)-CITY COUNCIL MEETING - JULY 11: 1995
7:30 n.m: - TIGAR:D CITY HALL
13125 S W.*HAL:LBOULEVARD, TIGARD, QREGON
'CONCERNING ME"TZGER PARK
LOCAL lh ROVEMENT DISTRICT
PROPOSAL TO MLCREASE ASSES
'h&T 'igard'Gity Council received a',request fiom.WashingtonCbunty to.
approve the proposed increase in the Metzger Park Local"Improvement
District;assessment: The Council will conducta public hearing to hear tes-i.
timony.and then consider whether or not to support this increase.
County staff and members of the Metzger Park Advisory Board will be at"
the hearing to respond to questions: ; ;
If you have questions of C _ , .
ity staff, please contact Cathy Wheatley; City.
Recorder, at 639-4171, Extension 309.
By: Catherine Wheatley, City Recorder
TT82S0.:Publish July 6, 1995.
MIME
rr
Iz E C V L~® UNI 1 Y NEW PAPER , INC. t.egso
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8244
FJUL 0 3 199,5 BEAVERTON. OREGON 97075
-CITY OF TIGARD Legal Notice Advertising
*City of Tigard ® ®Tearsheet Notice
13125 SW Hall Blvd.
eTigard,Oregon 97223-8199 ® El Duplicate Affidavit
*Accounts Payables-Terry
•r•
AFFIDAVIT OF PUBLICATION! '
STATE OF OREGON,
COUNTY OF WASHINGTON, ass.
I,_ Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTigard-Tualati n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
' aforesaid county and state; that th
Hearings-CPA 95-00027ZON Change 95-0003
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
s consecutive in the following issues:
June 29,1995
L
Subscribed and sworn to oremethis29t:h day of June, 19
e 4,. OFFICIAL SEAL t
ROBIN A. BURGESS
` NOTARY PUBLIC - OREGON
Nota ublic for Oregon COMMISSION NO. 0246,52
A4Y
My Commission Expires: COMMISSION EXPIRES MAY 16,1997
AFFIDAVIT -
M,,
t, 'r x5
"The fallowing will be considered by the TigardCit, ouncrl bri i "•Q1 "
4925, at 7.30,P:M , at theTigard Crvic Center,.Town; Hali Rbbm, 13125
"S W Hail, Boulevard„Tigard, Oregon 97223.-Both public Drat, and written
ritxsu; on- ,s-invited. The vublic he*a""* :,on:this matter :will be conducted;.
-in accordance:with the rules of Chappter 18.32ot uie . -igardti4uni-
ode, artd'rules and prose Cares of the City,,Cotinci.,; lare.to raise an
::issue in persori bri by letter precludes an`appeal aril fa lhre to specify, the,'
triterian'from the CoinmurrrtyDe~eloptnent Cone,ar Comprehensive Plan
at whioh"a cornment"is directed precludes `a
nappeal Based on
:tri,&rian. Purthcr inf&ination ma be.abfainW from the Plannio Div"that
. y g ision'
4,13125 S.W. Hall,Bldd ,Tigard, Oregon 97223; or bycallrng 639-4171: ;
PUBLIC HEARING
COMPREHENSIVE PLAM AMENL3MENT'OLTM 95-0002!
ZONE CHANQE (Wffi95- 3
Trequest to amend the Cornprehcs sive Plaivlvlap from Corti mcrclal
Pgofessional to General Commercial and change the-zonin from C-P to
G C: LOCATIO,N •Sbuthwest`corne.r,of S.W; Setiolis Fes y"Road and
S W North Dakota Street (Parcel 3,of MLP_94-0013): APPLICABLE
REVIEW CRYTEIfIA :'Comprehens`i:vc Plan Policies-1:1;2, 2:1 "1, 5.4,
81 1 and 12:2.:1 (2),"snd Corn►nunity" Development Code Chapters 18.22,
1$ 32'and 18 62 ZONE: G G (General.Commeicial) -'allows;for several
uses iucludin coeivenience sales and-"service"eating and drinking es'
- tablishinents :general satail saps, and medical and.dental services..
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Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
Ray further limit time if necessary: Written comments are always appreciated by the Council to
supplement oral testimony.
Af EII~I~A r1rE N®.. 6 DAT i July` 11, 1995
PUBLIC HEARING (QUASI-JUDICUL) - COMPREHENSIVE PLAN AMENDMENT SAND ZONE
CHANGE - CPA 9 /ZON 9
A request to amend the Comprehensive Plan map from Commercial Professional to General
Commercial and change the zoning from C-P to G-C. Location: Southwest corner of S` V
Scholls Ferry Road and SW North Dakota Street (Parcel 3 of NILP 94-1013). Applicable Review
Criteria: Comprehensive Plan Policies 1.1.2, 2.1.1, 5.4, S. 1.1 and 12.2.1 (2); and Community
Development Code Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) -
allows for several uses including convenience sales and services, eating and drinking
establishments, general retail sales, and medical and dental services.
PLEASE SINN IN TO TESTIFY ON THE ATTACHED SHEETS
4
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31
PLEASE PRINT
ro onerrt - (Speaking In Favor) Opponent - (Speaking Against)
Address an na Name, No. Address and Phone No.
7
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Name, Address and Phone No. Name, Address and Phone No.
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Phone No.
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Street Safety Petition
Dear Tigard City Council:
We (the undersigned) are resident-homeowners in the vicinity of the 9300-
9900 block of SW Kable St. and SW 100th.
Please be advised of the following existing situation: 1) there are many small
children living on SW Kable; 2) visibility is hampered where the street
curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast
to be traveling through the curves; 4) other people (mostly young drivers)
often drive in excess of the speed limit up our block for thrills; accordingly,
4) our neighborhood children are presently at risk.
We therefore implore the city to do the following: 1) lower the posted speed
limit of 25 mph to 20 mph on our block, because of these factors; 2) post a
children playing sign; and 3) add a southbound stop sign on SW 100th at SW
Kable, where young drivers are now swerving around the corner (east and
west bound traffic on Kable already have stop signs). Thank you.
Name Address
1 Aae~ M) S- k4
2 CW
5 C® I c76 SW l QCN ~Jf,
7 ~ 8l-~&--" l tGi-~5 E,
s
9 h ` Ira S~
10 c4~ 100 a1le-+
53~
12 990 jjj
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Street Safety Petition
Dear Tigard City Council:
We (the undersigned) are residence homeowners in the vicinity of the 9800-
9900 block of SW Kable St. and SW 100th.
Please be advised of the following existing situation: l) there are many small
children living or, SW Kable; 2) visibility is hampered where the street
curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast
to be traveling through the curves; 4) other people (mostly young drivers)
often drive in excess of the speed limit up our block for thrills; accordingly,
4) our neighborhood children are presently at risk.
We therefore implore the city to do the following: 1) lower the posted speed
limit of 25 mph to 20 mph on our block, because of these factors; 2) post a
children playing sign; and 3) add a southbound stop sign on SW 100th at SAY
Kable, where young drivers are now swerving around the corner (east and
west bound traffic on Kable already have stop signs). Thank you.
Namr, A r s
P, ,Q - * I ~
W65 qR C4O a),) ICa.b)e c5-1-"
VJt o'e 3 e,r- i 7
SPAS 4
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Street Safety Petition
Dear Tigard City Council:
F We (the undersigned) are resident-homeowners in the vicinity of the 9300-
9900 block of SW Kable St. and SW 100th.
Please be advised of the following existing situation: 1) there are many small
children living on SW leable; 2) visibility is hampered where the street
curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast
to be traveling through the curves; 4) other people (mostly young drivers)
often drive in excess of the speed limit up our block for thrills, accordingly,
4) our neighborhood children are presently at risk.
We therefore implore the city to do the following: 1) lower the posted speed
limit of 25 mph to 20 mph on our block, because of these factors; 2) post a
children playing sign; and 3) add a southbound stop sign on SW 100th at SW
fable, where young drivers are now swerving around the corner (east and
west bound traffic on Kable already have stop signs). Thank you.
Name Address 9955 i~-
4 Cam-- q9 C)
6 (l~H. / U a yo
10
Jar Z4 s,v, kab~e
12
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13 -6u-y
14, 'j'S Fr eeK-WO-V q S S (o
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AGENDA ITEM # Ij
For Agenda of - Il g ,
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
0.~ ISSUE/AGENDA TITLE Agreement for construction of recycled wastewater
pipeline to Cook Park
PREPARED BY: J. A ke. DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City participate in a cooperative arrangement with the Unified
Sewerage Agency, the City of Tualatin and the Tualatin Country Club to
construct a pipeline that will carry recycled wastewater from the Durham
Treatment Plant to various locations including Cook Park for irrigation
purposes.
STAFF RECOMMENDATION
Authorize the City Administrator to enter into an agreement with the Unified
Sewerage Agency for construction of a recycled wastewater pipeline to serve
Cook Park at a cost of $38,760.
- INFORMATION SU1~IlylARY
On May 30th of this year the City Council discussed this concept and directed
staff to continue our involvement with the project. This agreement will
allow construction of a pipeline that can supply all of Cook Park's
irrigation water needs.
Last year, the City paid $10,000 for water at Cook Park, mostly for
irrigation. Presently potable water costs $1.32 per 100 cubic feet; recycled
wastewater presently costs $ .06 per 100 cubic feet. With this pipeline the
City should be able to significantly cut irrigation water costs. In addition
to the immediate cost savings in water purchases, this will also help
conserve our supply of potable water and be a good example of water
conservation by a public agency.
'''r=z OTHER ALTERNATIVES CONSIDERED
Do not participate at this time
FISCAL NOTES
There is $38,800 appropriated in the FY 95-96 budget in general C.I.P. for
®t-hia project. `
F • •
~~t
AGREEMENT
CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY
RECYCLED WASTEWATER PIPELINE
THIS AGREEMENT is made and entered into by and between the City of Tigard an Oregon
municipal corporation, herein "City", and the Unified Sewerage Agency of Washington County, a
County Service District under ORS Chapter 451 and municipal corporation, herein "USA" or
"Agency„
WITNESS:
WHEREAS, City and USA have agreed that there is a need to design and construct a pipeline to
provide recycled wastewater to serve certain lands in the vicinity of the Cook Park Community
Park for the purposes of irrigation supply and referred to as the Tualatin - Tigard Recycled
Wastewater Project, herein "Project"; and
WHEREAS, the alignment of the pipeline of the Project and the schematic rendition of the
facilities to be contained within the Project are attached to the Agreement and marked "Exhibit
A"; and
WHEREAS, the governing bodies of City, USA, and others have agreed and approved the
construction and funding of the Project.
THEREFORE, IN CONSIDERATION of mutual promises and covenants contained herein and
the authority of ORS 190.010 and 451.560, parties agree as follows:
1.0 Pro-ject Costs
Project costs are all costs incurred by USA attributable to the construction of the recycled
wastewater pipeline and associated facilities, including engineering, legal, survey, permits,
construction management, acquisition of property interests, construction inspection, and
administrative costs.
2.0 The Project
The Project which is the subject of this Agreement, is shown on the attached Exhibit A
which shows the various facilities that will be part of the Project. Exhibit A is intended to
be a schematic rendering of the Project. After more detailed engineering studies have been
completed, the Project may be changed in some respects by the mutual consent of the
;t. parties. The Project may be built to serve only the Tualatin Country Club, or may also
is 'r serve Tualatin Community Park (City of Tualatin) and Cook Park (City of Tigard).
3.0 Engineedup, a 'onstruction Management Services
Engineering and construction management of the Project shall be the responsibility of
USA.
3.1 USA shall conduct a predesign meeting with Country Club, City, and other Project
participants for the purpose of reviewing the Project concept and identifying any
issues of concern regarding Project design. City may review any design documents
and attend any Project meeting, provided that any direction to the engineer shall be
given by USA.
3.2 USA shall prepare the bid documents, advertise and supervise the invitation and
opening of bids for construction of the Project in accordance with the requirements
of state law. If a contract is to be awarded, the lowest responsive bid from a
responsible bidder shall be approved by the governing body of USA.
3.3 USA shall provide for general management and supervision of the Project,
including any construction contracts, and provide for periodic and final inspection
of the Project.
4.0 Acquisition of Easements an Property.
USA shall be responsible for preparing and acquiring necessary easements for the Project.
City shall grant any easements across its property that may be required for the Project at
no charge to USA.
5.0 ~S;iI ~halang.
5.1 As outlined in the estimate of Project cost and cost sharing set forth in. Exhibit B,
the City shall contribute an amount estimated at $20,434.00 toward Project costs.
5.2 Upon completion of design, and prior to bidding the Project, USA shall request
commitments from the Tualatin Country Club, the City of Tigard, and the City of
Tualatin as to whether they will participate in the Project. If the Country Club
elects not to participate, the Project will not be constructed.
5.3 If Country Club elects to proceed and City elects not to participate, Country Club
shall be responsible for subsequent Project costs, City will be responsible for its
A share of Project costs through completion of design, and USA will exclude from
Project the elements to serve City.
fir
5.4 If Country Club and one or both cities elect to participate, USA's Project manager
shall develop an allocation formula for construction progress payments, consistent
Tigard RWW Pipeline 2
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h
with the estimated cost allocation in Exhibit B and with any bid schedules. Such
formula shall be expressed as a percent. City shall pay its percent of costs incurred
through completion of design, within 30 days of notice and billing by USA.
5.5 USA shall make periodic payments to the construction contractor in accordance
with the contract documents. USA shall bill the City for its share of the progress
payments to the contractor, as determined in paragraph 5.1. City shall make the
periodic payments within 30 days of receipt of USA's invoice. Any payments not
paid when due shall accrue interest at 9 percent per annum.
5.6 USA shall keep an accounting of all costs of the Project. The account of costs of
Project shall be updated no less frequently than every 30 days. USA, in a timely
manner, shall provide City with any information necessary for computation of cost
of Project.
5.7 USA shall have the authority, as provided in its contracting rules and procedures,
to approve change orders to the construction contract, and shall have authority to
approve changes required to avoid delay and deal with unexpected conditions.
USA shall inform City of any such change orders that would increase Project cost.
After the construction contract has been awarded, USA shall not request additions
to the contract that would increase the Project cost above the estimate in Exhibit
B, except upon 30 days notice to City. If, within such period City objects, USA
may pay the cost of the change and negotiate further with City, or may elect not to
proceed with the change.
5.8 Upon completion of the Project or upon early termination, when all costs are
known, USA shall make a final accounting of Project costs. If City's share of such
costs is less than the amount paid by City, USA shall refund that amount. If such
costs exceed the amount paid by City, it shall remit the difference to USA within
30 days.
5.9 If additional users are served by the Project in the future, USA agrees to use its
best efforts to obtain a capital contribution to the cost of the Project, and if any
such funds are obtained, to pay them to Project participants in proportion to their
funding of this Project. The parties agree that USA shall have no legal obligation
to obtain such funds.
6.0 Operation and Maintenance of Facilities. Provision of Recycled Wastewater
r 6.1 After completion of construction of the Project, USA shall operate and maintain all
publicly owned elements of the Project, from the Durham facility up to and
including the flow meter, and any additional public line extensions. City shall
maintain and operate distribution lines and supporting facilities attached
downstream of the flow meter and located on its property.
Tigard RWW Pipeline 3
6.2 USA and City agree to negotiate in good faith to develop an agreement for
provision of treated wastewater from the USA Durham facility, through the
Project, to City. The agreement for provision of treated wastewater shall be the
sole basis for provision of wastewater to City.
7.0 Iis =s Between City an USA
In the event of dispute between City and USA as to construction of the Project or any
terms or conditions under this Agreement, the parties shall first attempt in good faith to
negotiate to resolve same. In the event resolution of any dispute cannot be attained by the
parties, the dispute shall be submitted to mediation within 60 days. If the dispute cannot be
resolved by mediation, either party may pursue any rights and remedies It may have
through legal action. Venue shall be in Washington County, Oregon. The prevailing party
shall be entitled to attorney fees at trial and on any appeal as determined by the court.
Tigard RWW Pipeline 4
STVnt '2 c
AGREEMENT
CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY
RECYCLED WASTEWATER PIPELINE
DATED this day of , 19
~'ITYa O~"''IGGA:':?, OF~'GON UNI~'iFD SEWERAGE AGENCY OF
~.aa OF n nv
WASHINGTON COUNTY
OEM
By: By:
City Manager General Manager
Approved to Form: Approved to Form:
By: By:
City Attorney USA Counsel
N:\PLANNING\AGREEMEN\'nGCITY.WPD]une 21, 1995
Tigard RWW Pipeline 5
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EXHIBIT A ( WAVERLY 2 ~ AC W
CONS17tUCTION dOHN
THOMAS USA
vi DURHAM
700 !SO® 13C0 1302 W fAC1LITY
15.25 AC 21.13 Al 13.1•AC 1.97 AC
" CITY CHARLES JOHN USA `.r 29100
IF ~ LAMB THOMAS rv ~ 17.98 AC
:IGARD USA CITY
OF
UPPER TUALATIN O DURHAM
INTERCEPTOR
O USA LOWER TUALATIN
• b INTERCEPTOR
101 100 6 INCH
35.91 AC
CITY 31.15 AC 7700
CI
CI JOHN ® r~ 8 AC
THOMAS
TIGARD 1 OF
COOK PARK DURHAM
wo D
200
TUALATIN
COUNTRY $r
CLUB 300
13.87 AC'
JOHN
CKox
1
10 INCH INCH
4
i8oo
6.37 A
CITY
OF
TUALA
SECTION
"J
SCALE
1" = 500'
SM TUAIAT IN RO
ECYCLED WASTEWATER unified
SOUTH OF DURHAM FACILITY sewerage
agency
ny
Ex"IBIT B
10 l!r» flied SeNerage Agency
cycled Wastewater Pro'ect
BeCost Summary
• Total costs
River Crassln at n---'"`ttet^y,
Eneineatin Consinic5 4:.
$188 806
Pi eiine Construction Wisc. Valves ~ 520 $73600
aline i2 inch Section 3 'Section 4 Section 5 $1404 0 $38760
AX anion - Smaller Pi pormtt6 Section2 $6 000 $0
p 434
!ion 1 ' ~O y,. project Engineering, Section 1 $0 $0 $4Bp0
Surva n ' $34'i88 $6 400 $20, v
Eas®ment $9126 $0 p $480 $ $0
.':.Aceas • ~ 332 _ $p p $1 160 $0
702Q $3 i20 15 000 $2 812 $6000 $0 S0
Tualatin Count Club % $i 5 840' $754 $0 $p $0 $0
2ao00 2a8 000
Cit o1~i 5.e°t $3 82s $p $o s 01011 so000
01 Tualatlin $p 6 Oap
Ct 0.0°to 37 000 5 000
U.S.A °I 66000 13 000 15 000
• °
Total Cost of Element 100.0 'total costs
River Crossin er i_ntlt
nod rzi 472 8003
Misc. VaN~ E 653
Pt eilne u size f tom 12 to 18 (nchPi eitna Construction 614 $61 472
Section 4 Section 5
F
$6000 $12168 $0 $37
anion - i at er
0
Stem s% oc4 Englneocing, in permits SaCtion2 Section 3 $4 166
p tlon 2-S Ole prof Sectton 1 $0 $49 754 $0 $0 $378 $5 056 $18,964
t o, $13 841 $0 $0 $0 $1 000 $39 880
Acroa o EaSeri
$40154 739 $15 000 $5 000 $1 MR $13 472
club so.6°t° $4 092 $0 $2666
Tualatin count 20.8% 13748 $1138 $0 0 $285 500
80
Cit 000 000
°f TI arcs $3300 3 033 $0 $10 904 6
to 6 000 20 000
Cl aala4ln 5.0o $8
01 T Va. 0 to 798 5 000
50
22 750 15 000 647
66.000
inn.
'rota) Cost of Element f
7 { e size from 12 i° 1 Inch.
• SA contribution is based bii the added cost far Increasing P A
U •
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11107194 r yY
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Rroject Percentage Summary Tables
Project Project Acreago Pipeline Construction River Crossing
Acreage Percentage Percent of Project o Lion 1
Section 1 Section2 Section 3 Section 4 Sectiori 5 Misc. Vaves Enqineednq Construction
Tualatin Count Club 73. 70.2% 70.2% 0.00/0 92.4% 0.0% 100.01/16 70.2% 92.011/0 92.0%
City of Tigard . 24.0% 24.0% 100.0% 0.0% 0.0°'0 0.0% 24.0% 0.0% 0.0%
Cj of T, Uaiatin .5.8% 5.8% 0.0% 7.6% 100.0% 0.0% 5.8% 8A% 8.0%
t1.S.A 0 0.0% 0.0% 0.0% 0.0% 0.0°/0 0.0% 0.0% O.Oyo
Total Cost of ElemenJ-2E51'
900.0% 100.0% 100.09'0 100.0% 10Q.09'0 100.0% 900.09'0 100.0%
Project Project Acreage Pipeline Construction River Crossin
Acreage Percentage Percent of Pro ect o tlon 1
Section 1 Secti6n2 Section 3 Section 4 Section 5 Misc. Valves :neeri Construction
` Tualatin Count C16b 73 60.8% .60.8% 0.0% 76.8%, 0.0% 100.0% 60.8% 76.8% 76.8%
r
C1 of Tigard 25 20.8% 20.8% 100.0% 0.0% 0.0% 20.8% 0.0% 0.0%
CI of Tualatin 6 5.0% 5.00/1. 0.0% 6.3% 100.0% 0.0% 5.0% 6.3% 6.3%
{ lI.S.A " 16 13.30/0 13.3% 10.0% 16.8% 0.0% 0.0% 13.3% 16.8% 16.8%
Total Cost of Element 120 100.0% 100.00/0 100.0% 100.0% 1G0.0% 100.0% 100.0% 100.0% 100.0%
t
11/07/94 2 - CATCC2.1•.
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MEMO=
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Willi
Unified Sewerage gency - Recycled Wastewater Proj3ct
Tualatin Country Club - City of Tigard - City of Tualatin _
3.1994 Otr 1994 Qtr 1 1995 Qtr 2 1995 Otr 3,1995 Otr 4 1995 Otr 1 1996 Otr 2,1996 O!r 3 1996 Otr 4, 1
ID Task Name Duration Aug Sep I Oct Nov Dec Jan Feb Mar A r M Jun Jul Au Se Oct Nov Dec Jan Feb Mar Apr May I Jun Jul Au Sa Oct tt
1 CONTRACTS 235d Now
2 Contracts Negotiations 45w
3 Design Contracts Meeting Od 7116
4 ENGINEERING CONTRACT 50d
5 RFP for Engineer Services 2w
6 Review proposals 2w
a 7 USA Board Approval 4w
a Hire consulting Engineer 2w
t 9 DESIGN 155d
10 Surveying 60d
11 Project Predesign 2w
12 Predesign Meeting Od r 12/17
13 Submit permits 16w
14 go% design review 3w
15 Final Design Review 1w
' 16 CONSTRUCTION 145d
17 Advertise Bids 3w I
10 Award Contract - - 45d
19 Construction 14.2w \
20 Startup 2w
21 Contract Completion Date Od 9115
soy'
Project: USA, - Recycle i Wastewater Task Milestone Rolled Up Task Rolled Up Progress
Date: Thu 622/95 Progress EFM Summary Rolled Up Milestone Q
E:\WINPROJIPSDHTCC.MPP Thu 6/22/95 Page 1
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AGENDA ITEM #
For Agenda of 'YIl S
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Agreement with the Unified Sewerage Agency to provide
recycled wastewater for irrigation at ok Fark
PREPARED BY: A k DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City enter into an agreement with the Unified Sewerage Agency that
they will provide recycled wastewater for irrigation use at Cook Park?
STAFF RECOMMENDATION
Authorize the City Administrator to enter into an agreement with the Unified
Sewerage Agency for provision of recycled wastewater for irrigation purposes
in Cook Park.
INFORMATION SUDDIARY
his agreement assures that recycled wastewater from USA's Durham Treatment
lant will be provided to the City for irrigation of Cook Park. The
irrigation water will be provided by USA between May 1 and October 30 of each
year. The cost of the water will be the actual cost of producing and
delivering the water as determined in January of each year. Current cost is
$ .06 per ccf.
The duration of this agreement is 50 years beginning May 1, 1997.
The agreement stipulates that the City must comply with all applicable laws,
cannot transfer the water to others, cannot allow the water to flow into
drainageways that lead to other property, and cannot allow the water to
accumulate excessively in ponds thereby resulting in vector control problems.
USA is also given access to the property to conduct periodic soil and water
tests.
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
The current cost of potable water used for irrigation at Cook Park is $1.23
per 100 cubic feet as compared to current recycled wastewater cost of $ .06
er 100 cubic feet.
. s
,
-r
UNIFIED SEWERAGE AGENCY OF WASHING,rON COUNTY
AGREEMENT FOR PROVISION OF RECYCLED WASTEWATER
This Agreement is between the Unified Sewerage Agency of Washington
County, Oregon, a county service district formed pursuant to ORS Chapter 451,
155 North First Avenue, Suite 270, Hillsboro, Oregon 97124 (hereinafter referred
to as "Agency," and City of Tigard, hereinafter referred to as "User".
RECITALS
A. Agency owns and operates the Durham Wastewater Treatment Plant,
which generates Level IV recycled wastewater (RWW), as defined in OAR
Chapter 340, Division 55. Agency desires to sell a portion of said RWW to
User pursuant to Agency's water pollution control efforts.
B. User owns approximate lyZacres of real property, more particularly
described in Exhibit A, attached hereto. User desires to acquire a portion of
Agency's RWW for use in irrigating said real property.
TERMS AND CONDITIONS
Agency agrees to provide RWW and User agrees to pay Agency for the use of
said RWW, according to the following terms and conditions:
1. Term
The term of this Agreement is for a period of 50 years commencing May 1,
1997 and ending April 1, 2047, unless otherwise terminated or extended as
allowed herein.
2. Delivery of Recycled Wastewater
a. Prior to delivery of RWW under this agreement, the parties shall
prepare and approve a Reclaimed Water Use Plan as required by
OAR Chapter 340, Division 55. Upon approval by the parties, the
Plan shall be incorporated as an attachment to this agreement, and
all delivery and use of RWW shall comply with the Plan.
USA Recycled Wastewater Program Page 1
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3-
101 mill!
x.
b. Agency shall deliver, through a water meter provided by Agency, the
RWW to User's property for use in User's system on demand at a
pressure of 60 psi and a flow of approximately 40 gallons per minute.
Agency shall not be obligated to deliver RWW under this Agreement
until it has completed, tested, and accepted the pipeline to serve
User's property, and User has fulfilled all payment obligations under
the pipeline construction agreement.
3. Land to Receive Recycled Wastewater
During the term of this agreement, User shall use the RWW to irrigate the
portion of User's land identified in the Reclaimed Water Use Plan.
4. Quantity and Quality of Recycled Wastewater Available
During the term of this Agreement, Agency has 6,535 units (15 acre-feet)
Level IV quality RWW available. A unit shall be one hundred cubic feet
(1 CCF).
5. Quantity of Recycled Wastewater to be Used
2®
User agrees to not to exceed 6,535 units acre-feet) of use each year of
the RWW. One unit equals one hundred cubic feet or 748 gallons. User's
use shall occur between May 1 and October 30 of said year.
6. Price of Recycled Wastewater
Agency shall charge User based on the actual cost incurred in making the
RWW available. During the term of this Agreement, User shall pay Agency
$0.06 per unit ($80 per million gallons) for the RWW. Agency shall bill and
User shall pay the amount due based upon the metered flow and said
price. This charge may be modified based on contractual terms.
7. Modification required for Subsequent Years
a Agency and User recognize that the portion of User's land which will be
irrigated with the RWW may change from year to year, that different
portions of User's land may require different amounts of irrigation, and that
the price charged by Agency for -the use of the RWW may change as the
cost of providing the RWW changes. Accordingly, by January 1 of each
year, Agency and User shall agree upon the portion of User's land that will
be irrigated with the RWW, the amounts of the RWW to be used, and the
price thereof, for said year. Said Agreement shall be in writing signed by
the pat-Lies' authorized representatives, shall constitute a modification of
USA Recycled Wastewater Contract Page 2
16,
this Agreement, and except where expressly indicated, shall not alter any
of the terms or conditions hereof.
8. A~ c4 Rigb of Entry/Ins ectio_n.
User hereby grants Agency, Agency's duly authorized employees, agents,
representatives and contractors, reasonable access to User's land for
purposes of making any necessary installation of ground water quality
monitoring equipment and any necessary inspection, including, but not
limited to, meter reading and verification of RWW use. In the course of
making said inspection, Agency shall interfere as little as possible with
User's use and enjoyment of said land.
9. Successful Soil/Water Testing Required
Agency shall collect soil and/or water samples from those portions of
User's land which are to be irrigated with RWW. Agency shall then test
said samples for compliance with applicable regulations. The RWW shall
be used to irrigate only those portions of User's land which are in
compliance with said regulations. Agency shall perform said tests as often
as required by said regulations. A copy of the soil and/or water analysis
report shall be given to User when it becomes available.
10. User to Maintain Fertilizer/Pesticide Records
User agrees to keep and maintain written records of all fertilizers and
pesticides of whatever kind applied to that portion of User's land which is to
receive RWW. Said records shall contain the name of the substance
applied, the date, method and amount of the application, and the name of
the applicator. Said records shall be made available to Agency upon
request.
11. Qonditions Suspending Duty to Deliver Recycled Wastewater
Agency may suspend delivery of said RWW if delivery is prevented by a
cause outside of Agency's control, including, but not limited to, act of God,
shortage of wastewater, malfunction or upset of Agency system, actions of
a third party, order of a governmental regulatory authority, or if Agency
determines that the RWW poses a significant risk of damage to public
health or safety, or if Agency determines, in good faith, based upon the
advice of counsel, that any aspect of the parties' performance under this
agreement may be contrary to law.
USA Recycled Wastewater Contract Page 3
12. Restrictions Governing t, gf Recycled Wastewater
User understands that the RWW is not potable. Accordingly, User shall
F use the RWW for irrigation purposes only, and shall not sell, transfer or
convey the RWW to any other User. User shall at all times comply with the
use restrictions concerning buffer zones, crop selection, harvesting, and
rmethods of application contained in OAR Chapter 340, Division 55 and
Special Conditions, included in the Irrigation Plan. User shall not directly
release the RWW to any surface waters of the State of Oregon, including -
but not limited to the Tualatin River or its tributaries. User shall prevent the
RWW from floii0ng into depressions or drainageways that lead away from
User's land, and shall not allow the RWW to accumulate excessively in
ponds, thereby resulting in vector control problems. User shall riot sell,
7 assign, give or transfer any RWW furnished under this Agreement to any
person.
13. Public SafetyMarninas
User shall inform all of its employees and agents who may be exposed to
`>r the RWW of any hazards associated with such exposure, and shall comply
with OAR Chapter 340, Division 55 concerning public access and
warnings.
14. Termination
If either party breaches any of the terms and conditions of this Agreement,
the other party shall send written notice of the breach to the breaching
party. The breaching party shall have five (5) days from the date of receipt
of the notice in which to take significant corrective action. If corrective
action is not taken within five (5) days, or if said action has been taken
previously but has not resulted in an elimination of the breach within a
reasonable time as determined by the non-breaching party, the
non-breaching party may, in addition to any other remedies provided by
law, terminate this Agreement. Either party may terminate this Agreement
for convenience upon eighteen (18) months advance written notice.
15. Recycled Wastewater Quality
;T Agency shall endeavor to provide Level IV RWW from the Durham Facility,
as defined in OAR Chapter 340, Division 55. Agency makes no other
representation concerning the quality of the RWW and makes no express
' m or implied warranties.
t USA Recycled Wastewater Contract Page 4
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16. Disci aimerllndemnity/Hold Harmless
Agency shall not be liable to User for any loss, including, but not limited to,
damages paid to third parties, incurred by User arising out of the use or
transportation of the RWW. User shall defend, indemnify, and hold
harmless Agency, its officers, employees, agents and representatives from
and nnninct all rlaimc demands; nQnalties and causes of action of anv
kind or character, including attorney fees and costs at trial and on appeal
(except those caused by the Agency's sole negligence), arising in favor of
any person on account of personal injury, death, breach of contract or
damage to property arising out of User's use of the RWW.
17. Water Richts
No water right is created by this Agreement. The User shall not sell,
assign, give, or transfer any RWW furnished under this Agreement to any
person. User shall cooperate with Agency and execute any documents z
required to be filed with the Oregon Water Resources Department of
registration of the use of RWW. (Reclaimed Water.)
18. Compliance with Oregon Administrative Rules
User represents that User has read and understands Chapter 340, Division
55 of the Oregon Administrative Rules. User shall be directly responsible
and liable to the Oregon Department of Environmental Quality for failure to
meet those rules due to the conduct of its employees and agents. Agency
shall be directly responsible and liable to the Oregon Department of
Environmental Quality for meeting all other requirements of those rules and
Agency's NPDES permit. User shall report any and all violations of this
Agreement or those rules to Agency immediately upon discovery.
19. Miscellaneous Provisions
a. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Oregon.
b. This document contains the entire agreement of the parties. Any
waiver or modification of the terms of this Agreement must be in
writing.
C. If any legal authority having the proper jurisdiction deems any portion
of this Agreement not to be enforceable, invalid or illegal, all portions
USA Recycled Wastewater Contract Page 5
A
s
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of this Agreement not so identified shall remain in full force and effect.
d. The captions of this Agreement shall have no effect on the
interpretation of this Agreement.
e. This Agreement shall be binding on the heirs,` successors, lessees,
sublessees, and assigns of the parties. User shall not sell, assign or
transfer User's' interest in this Agreement, or assign, sell, or transfer
the RWW identified hereunder without Agency's approval. .
f. The prevailing party in any lawsuit arising out of this Agreement shall
be entitled to attorney fees, costs and disbursements.
g. This Agreement and any subsequent amendments shall not be
effective until approved by General Manager of the Unified Sewerage
Agency and the City manager for the City of Tigard: Those individuals
may delegate any authority they have under this agreement according
to their ordinances and procedures.
fF~
USA Recycled Wastewater Contract Page 6
J.o~r i I
IN WITNESS THEREOF, the parties have caused this Agreement to be
executed by their authorized officers.
DATED this day of , 19
City of Tigaru UNiF-iED SEWERAGE AGENCY OF
WASHINGTON COUNTY
By: By:
City Manager General Manager
Date: Date:
APPROVED AS TO FORM:
By:
USA General Counsel
Date:
MO:
nAplanning\tomv\citgrww 6/22195:kf
USA Recycled Wastewater Contract Page 7
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ty
y
AGENDA ITEM #
For Agenda of July 11, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Granting of all easefitenl to ODOT
PREPARED BY: R. 6vooley DEPT HEAD OK Vol CITY ADMIN OK kole---
ISSUE BEFORE THE COUNCIL
Shall the City grant an easement to the Oregon Department of Transportation
(ODOT) for a traffic sign to encroach onto the City Hall property?
STAFF RECOMMENDATION
Approval of the attached resolution authorizing dedication of the easement.
INFORMATION SUMMARY
ODOT is preparing to construct bike and pedestrian improvements along Hall
Boulevard between Pacific Highway and McDonald Street. Along the City Hall
46rontage, the pavement widening and sidewalk has already been constructed and
o additional widening is needed. However, while surveying for the project,
ODOT determined that the existing speed limit sign encroaches onto City
property. ODOT ~.s asking the City to grant an easement for the sign. ODOT
is offering to pay the City $175 as the value of the easement.
The attached resolution will authorize the mayor and city recorder to sign
the necessary easement document.
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
The City will receive revenue of $175 for the easement.
QW/odot-s
a
i wig
CITY OF TIGARD, OREGON
r
RESOLUTION NO. 95-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN EASEMENT
TO THE STATE OF OREGON FOR A TRAFFIC SIGN ALONG HALL BOULEVARD.
WHEREAS, the State of Oregon has requested the City to grant an easement
for installation and maintenance of a traffic sign on City property
adjacent to Hall Boulevard; andf
WHEREAS, the State of Oregon has offered to compensate the City at the
fair mark-et value of the easement; and,
WHERE-AS, the City Council finds that the granting of the easement is in
the best interest of the public.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Mayor and City Recorder are hereby authorized and
directed to sign, on behalf of the City, an easement
document substantially in the form of attached Exhibit A.
PASSED: This day of , 1995.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
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RESOLUTION NO. 95
Page 1
EXHIBIT A
ODOT
File 6237-018
1OB-1-10
PERMANENT EASEMENT.
CITY OF TIGARD, Oregon, a municipal corporation. Grantor, for the true and actual
consideration of 5175.00-------- does grant to the STATE OF OREGON, by and through its
DEPARTMENT OF TRANSPORTATION, Grantee, its successors and assigns, a permanent easement
for the construction, installation and maintenance of a highway sign, and appurtenances
therefore, upon the following described property:
A parcel of land lying in the William Graham D.L.C. No. 39, Township 2
South, Range 1 West, W.M., Washington County, Oregon and being a portion of
that property described in that deed to the City of Tigard, recorded as
Microfilm Document No. 84-41404 of Washington County Book of Records; the said
parcel being that portion of said property lying between lines at right angles
to the center line of the relocated Beaverton-Tualatin Highway at Engineer's
Stations 134+42 and 134+48 and included in a strip of land 45 feet in width,
lying on the Westerly side of said center line which center line is described
as follows:
Beginning at Engineer's center line Station 128+69.11, said station
being 2884.17 feet North and 369.37 feet West of the, Southeast corner of
Section 2. Township 2 South, Range 1 West, W.M.; thence on a 190.99 foot
' radius curve left (the long chord of which bears South 170 54' 18.5" East
133.77 feet) 136.66 feet; thence South 38° 24' 17" East 62.89 feet; thence on
a 190.99 foot radius curve right (the long chord of which bears South 18° 20'
33" East 131.03 feet) 133.75 feet; thence South 1° 43' 11" West 1179.87 feet
to Engineer's center line Station 143+82.28.
Bearings are based on County Survey No. 24,915, recorded February 11,
1993.
The parcel of land to which this description applies contains 35 square
feet, more or less.
This easement does not convey any right or interest in the above-described property,
except for the purpose stated herein; nor prevent Grantor from the use of said property;
provided, however, that such use does not interfere with the rights herein granted.
6-13-95
RETURN TO Account No.: R1333097 2S12DA-00401
OREGON DEPARTMENT OF TRANSPORTATION
RIG14T OF WAY SECTION Property Address: 13125 SW Hall Blvd
417 TRANSPORTATION BLDG. Tigard OR 97223
SALEM, OREGON 97310
}
ODOT
File 6237-018
1OB-1-10
g: Grantor covenants to and with Grantee, its successors and assigns that it is the
owner of said property, and will warrant the easement rights herein granted from all
' lawful claims whatsoever.
Grantor agrees, the consideration recited herein is just compensation for the
property, including any and all damage, to Grantor's remainin; property, if any, which may
result from the, acquisition or use of said property and the construction or improvement of
the highway.
It is understood and agreed that the delivery of this deed is hereby tendered and
that terms and obligations hereof shall not become binding upon the State of Oregon
Department of Transportation, unless and until accepted and approved by the recording of
this document.
Dated this day of 19
y CITY OF TIGARD
APPROVED AS TO FORM: B
ayF9 yor
By
Auditor
STATE OF OREGON. County of Washington
19 Personally appeared and
who, being sworn, stated that they are the Mayor and
Auditor of the City of Tigard, Oregon, a municipal corporation. and that this instrument
was voluntarily signed in behalf of said municipal corporation by authority of its
Ordinance No. passed by the Council of said City on this day of
19
Notary Public for Oregon
My Commission expires
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AGENDA ITEM
For Agenda of July 11. 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Consideration gf Proposed IncxeasS to the Hatzger Park
Local improvement District -
PREPARED BY: C. Wheatley DEPT HEAD OE CITY ADMIN OE
ISSUE BEFORE THE COUNCIL
The City of Tigard received a request from :9ashington County to approve the
proposed increase in the Metzger Park Local Improvement District (LID)
Assessment.
STAFF RECOMMENDATION
Conduct public hearing to receive comment from the public and Washington
County representatives to determine whether or not the Council wants to
support the proposed increase and approve the attached resolution.
INFORMATION SUMMARY
ttached is a letter from Par. Larry Eisenberg, Facilities Manager for
ashington County, outlining the request for Council approval of the increase
of the assessment for the Metzger Park Local Improvement District.
Mr. Eisenberg advised that when LID formation is under consideration, it is
usually provided that, if a certain percentage (i.e., 51%) remonstrate
against the LID then formation will not occur. This is not the case when an
increase to the assessment is considered. The Washington County
Commissioners conduct a public hearing; however, remonstrances are not
tallied.
Two issues are presented for Council consideration at this time:
• An increase in the tax rate by approximately 3 cents per thousand
M dollars of value the first year.
• Approval of the increase will be for the 1995-96 fiscal year and
beyond.
Also-attached are:
• A resolution for Council consideration.
• The notice mailed on June 29 to approximately 1,000 Tigard property
owners within the LID boundary.
The County will also conduct a public hearing on July 25, 1995. They mailed
notices (copy attached) to every property owner within the LID area.
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1. Approve the increase for a limited amount of time. (Council approved
the LID assessment for a one-year period when last considered.)
ffm 2. Recommend to the Washington County Board of Commissioners that the
County not increase the assessment.
FISCAL NOTES
Impact to Tigard residents is estimated to be a $3 increase to the owner of
a $100,000 home. If approved, the increase will raise the Metzger Park Local
Improvement District Levy from its current amount of $40,500 to $60,500.
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June 23, 1995
7N f7k, MAI
The Honorable Tigard City Council
c/o Mr. Bill Monahan, City Administrator
City of Tigard
r 13125 S.W. Hall Blvd.
Tigard, OR 97223
Dear Members of the Tigard City Council:
As I believe you are aware, the 1995-96 operating budget for the Metzger Park Local
Improvement District (LID), that has been approved by the Washington County Budget
Committee, is based on an assumption that the assessment amount for the district needs to
be increased to provide necessary revenues for the on-going operation of Metzger Park. To
implement this requested change in the LID assessment, the Washington County Board of
Commissioners has initiated the necessary steps, including a notification of all property
owners in the LID, and a call for a public hearing to be held on July 25, 1995 at 6:30 PM.
It is our understanding that the Tigard City Council must also approve the proposed
increase in the LID assessment, if it is to occur. As a result, I am requesting that your
Council consider an increase in the Metzger Park LID levy from its current amount of
$40,500 to $60,500. This increase will cause the tax rate to increase by approximately 3
cents per thousand dollars of value the first year. This equates to a $3.00 increase to
the owner of a $100,000 home.
BACKGROUND
In 1976, a local improvement district for the operation and maintenance of Metzger Park
was established by Washington County. In May of 1988, the maximum annual assessment for
the Metzger Park LID was increased from $27,000 to $40,500. The fiscal year 1995-96
proposed revenue budget is $77,964, with 77% of the revenue ($60,500) received from the
LID assessment and 23% from hall rental.
In 1987, the City of Tigard annexed properties within the Metzger Park LID. Since the
City of Tigard annexed the properties prior to the 1988 assessment, it was County
Counsel's opinion that the City of Tigard must approve the increased assessment for
properties within the City of Tigard. The Tigard City Council approved the assessment for
the current tax year on August 24, 1993. The Tigard City Council is now being asked to
approve the proposed increase in the LID Assessment for the 1995 - 1996 fiscal year and
beyond at your meeting of July 11, 1995.
Support Services Department, Facilities Management Division
155 North First Avenue, Suite 320 Hillsboro, Oregon 97124 Phone: 503/648-8829
une 23, 1995
Page 2
Assessments for the Metzger Park LID are proposed for adoption for Fiscal Year 1995-96 as
summarized below:
No. of Lots Total Assessment
2,183 $60,500.00
After a careful review of revenue and expenditure trends associated with the operation of
Metzger Park, it has become apparent that the continued modest inflationary growth in
expenditures and the relatively flat revenue trend line that Metzger Park has been
experiencing indicate that Metzger Park is not financially viable in the near term unless
changes are made to the revenue stream of the park.
The financial picture for Metzger Park is further complicated by the need to make
` significant capital outlays in the current fiscal year. These included the need to
replace basketball poles and hoops ruined by vandalism, and the need to replace the park
shelter roof, which had reached the end of its useable life. Further, upon removing the
roof, structural damage was discovered to the park shelter. The cost to repair the
structural damage is estimated to cost from $8,500 to $12,500. This structural damage
from water and dry rot compromises the structural integrity of the shelter. Our
consulting engineers have stated that we have no choice but to replace the affected
structural members if we are going to continue to operate the building.
The Metzger Park organizational unit does not have adequate funds to pay for the
structural repair. The Park will receive a general fund loan to allow this repair to
occur. The proposed increase in the assessment will help pay back the loan.
Given inflationary trends, the low organizational unit operating contingency amount
(projected at $2,700 for the 95-96 fiscal year), and the general fund loan, the only
prudent course of action at this time is to seek an increase in the LID assessment. An
increase in the assessment to $ .1143 per thousand will generate $19,750 in new revenues
annually. The current assessment rate is $ .0837 per thousand. Current valuation in the
LID is $483,615,531. The assessment cost increase to a $100,000 home will be $3.00 per
year.
The tax rate impact from this proposed increase for a six-year period, assuming a 9%
increase in valuation as projected by the Department of Assessment and Taxation, is as
follows:
Calendar Tax Rate/1000 Valuation Collection
95 .0837 483,615,531 40,500
96 .1143 527,140,929 60,250
97 .1049 574,583,361 60,250
98 .0962 626,296,137 60,250
99 .0883 682,662,790 60,250
00 .0810 744,102,440 60,250
01 .0743 811,071,660 60,250
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0 une 23, 1995
Page 3
The $20,000 dollar LID assessment increase, if approved in FY 95-96, will be used in
several ways to place Metzger Park on a sound financial footing for the next several
years. We have identified, in priority order, the following fiscal needs for Metzger
Park:
1) Repay the County's general fund emergency loan - Metzger Park will need a County
general fund loan of $8,500 to $12,500 to repair structural damage to the park
shelter. The actual amount of loan needed will be known ::hen bids are taken for the
repair work. If Metzger Park's year-end fiscal condition does not require a loan of
this magnitude, available funding from the proposed LID assessment increase would be
used to make necessary ADA modifications at the Park.
2) Cover Inflationary Cost Increases - Metzger Park has been experiencing ongoing
inflationary cost increases in personnel service and materials and supplies.
3) Restore the contingency level to a more prudent level - The Park needs a
contingency level of $30,000 annually to provide funds to meet Park cash flow
requirements through the first third of the fiscal year until LID revenues are
received.
4) Equipment Replacement - Park equipment, including lawn mower, floor buffer,
swings, tennis court net, interior and exterior furniture, etc., needs periodic
replacement. The Park budget does not have an adequate reserve that is able 'to
absorb the cost of the replacement of this more expensive equipment.
5) Building Component Replacement - The Park does not have a reserve to cover the
cost of replacing building systems as they fail. The need to obtain a general fund
loan to cover the cost of roof structural damage is a good example of this
situation. Plumbing fixtures, HVAC, and electrical systems all need periodic repair
and replacement. As a separate fund, the Park needs to be able to cover the cost of
the failure of significant building components. A 20 year straight line
depreciation method is used to capture the value of the existing structure, as a
proxy for expected costs of ongoing building system replacement.
The attached, table projects how an increase in the LID assessment of $19,750 would be used
over the next six years against these five categories of fiscal need. A projection period
of six years was chosen since the history of the LID shows, as noted on the attached
table, that the last few increases in the LID assessment have occurred on average every
six years. The table reflects the annual use of the additional LID revenue. The numbers
are not presented in an cumulative format.
f;rsuse of the increased assessment is to repay the general fund loan, make
necessary ADA modifications at the Park, cover inflationary costs, and begin the
rebuilding of the operating contingency. In 1997-98, the table indicates that the desired
operating contingency 'level of $30,000, approximately 1/3 of the operating budget, is
achieved. As a result, available funds are redirected in the 98-99 fiscal year into the
creation of the building component replacement reserve. Other on-going inflationary cost
increases are covered as well.
2,611 11110!~
IBS
Oune 23, 1995
Page 4
Because no other viable mechanism currently exists to provide for Metzger Park
maintenance, your approval of the proposed increase in the LID assessment is requested at
this time. County staff and members of the Metzger Park Advisory Board will be in
attendance at your meeting of July 11 and will be able to respond to any questions that
you may have. Thank you for your consideration.
Sincerely, l ~
1_510 4~_
Larry Eisenberg
Facilities Manager
Department of Support Services
cc: Charles Cameron
Ellen Cooper
Bob Deis
Chris Wayland
Jeanette Carter
Members, Metzger Park Advisory Board
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METZGER PARR LID
ASSESSMENT INCREASE SIX YEAR ALLOCATION
-a
Y 95-96 9697 97-98 98-99 99-2000 2000-01 T
1. Elmergency Loan $2,507 $0 $0 $0 $0 $0
Repat ent
2. Inflationary Cost 4,500 5,000 5,500 6,000 6,500 7,000
Increases
3, operating Contingency 6,743 8,750 13,250 1,000 1,000 1,000
(Recommend 33% of
Budget
4. ;FDA Compliance & 6,000 6,000 1,000 5,000 5,000 5,000
Equipment Replacement
5. Building Replacement* 0 0 0 7,750 7,250 6,750
TOTAL: $19,750 $19,750 19,750 $19,750 $19,750 $19,750
* In 20 years, Building Replacement will be approximately $225,000.
--Current LID Assessment $40,500
--Proposed Increase 20,000
--New Total Assessment $60,500
NOTE:. 1976 Assessment $18,000
1981 Assessment $27,000
1988 Assessment $40,500
Proposed 1996 Assessment $60,500
Historically, Metzger Park LID Assessment increases by 50% on average every 6 years. 1996 is eighth
year at current level.
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CITY OF TIGARD, OREGON
RESOLUTION NO. 95-_
A RESOLUTION OF THE CITY OF TIGARD APPROVING AN INCREASE IN THE LOCAL
IMPROVEMENT DISTRICT ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF
ML°TZGEPIR PiUm
WHEREAS, in 1976, a local improvement district for the operation and
IMA4,enar.ca A~ `ao+"ger Pr
L(i~Sl1 rk was established by 'Washington County; and
6.Gldcli iares vi 'aw - ;
Whereaa,'the City of Tigard annexed approximately 54% of the parcels in
the Ketzger rarX LID in 1987; and
WHEREAS, by Resolution No. 86-53, the City Council acknowledged the
Metzger, community°s option to continue the LID in the event of
annexation to the City of Tigard; and
WHEREAS, the maximum annual operations and maintenance assessment for
Metzger Park was increased to $40,500 in May, 1988 after annexation of
a portion of the district to the City of Tigard; and
WHEREAS, the LID assessment is annually charged against the non-school
taxing districts tax limit of $10.00 per $1,000 of assessed valuation;
and
WHEREAS, Washington County compiles a Tax Coordination Plan annually,
which in part forecasts the future tax rate for all non-school taxing
districts; and
WHEREAS, the current revenue received by Metzger Park are inadequate to
sustain continued operation an maintenance at an appropriate level.
r:
NOW, THEREFORE, BE IT RESOVIED by the Tigard City Council that:
Section 1: The ongoing maximum annual operations and maintenance
assessment for Metzger Park in an amount not to exceed
$60,500 is hereby approved.
Section 2: In the event the Tax Coordination Plan forecasts the tax
rate within the City of Tigard nearing the limit, imposed
by Article XI, Section llb of the Oregon Constitution, by
" reaching $9.00 per $1,000 of assessed valuation, the City
of Tigard will confer with Washington County to determine
a means by which the City of Tigard's ability to levy
taxes within the property tax limitation is not impeded
''a,Y te LID assessment for aactzger rar k.
RESOLUTION NO. 95-
Page 1
L
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101
till
MIME=
PASSED: This ~ day of r 1995.
Mayor ° City of Tigard
ATTEST:
City Recorder - City of Tigard
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Page 2
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"My TIGARD
OREGON
NOTICE OF PUBLIC HEARING
METZGER PARK LOCAL. IMPROVEMENT DISTRICT
ASSESSMEff INCREASE
Nodes is Y ° an that 1he 31Council will conduct a public
heaflng a proposed asewnnnnt oincrease for the Me"er Park Local
Improvement DLstlftlL The hearing will be held:
July 11, 1995 - 7:30 p.m.
_ Tigard CRy Hall - Tom, n Hall
13125 S. W. Hall Boulevard
T ° Wrd, Oregon
(For further information, pleas see the back of this page.)
f•
' I
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684--2772
11 SUNNI Im ig 15
IN; Ili! 0-1 Ilig MORRIS
ENREMMMMA-210 EMS=
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The City of Tigard received a request from Washington County to
approve the proposed increase in the LID assessment The County will
also conduct a public hearing for all Metzger Park Local Improvement
District property owners on July 26 at 6:30 p.m.
The Council has been asked to consider:
0 An increase in the tax rate by approximately 3 cents per
thousand dollars of value the first year. This equates to a
$3.00 Increase to the owner of a $100,000 home.
(if approved, this increase will raise the Metzger Park Local
Improvement District Levy from its current amount of ,500
to $6®,60®.)
0 Approval of the increase would be for the 1996-1696 fiscal
year and beyond.
The purpose of the increase will be to:
i Repay a general fund loan from the County to pay for
structural damage to the park shelter.
e Replace basketball poles and hoops; replace park equipment
including a lawn mower, floor buffer, swings, tennis court net,
interior and exterior furniture.
® Establish a separate fund for Building Component
Replacement (plumbing fixtures, HVAC, and electrical
systems ® periodic replacement).
e Increase operational budget to close the gap between the
modest inflationary growth expenditures and relatively fiat
revenue trend experienced at Metzger Parts.
County staff and members of the Metzger Park Advisory Huard will be at
the July 11 meeting and will respond to questions.
If you have questions of City Staff, please contact Cathy Wheatley, City
Recorder at 639-4171, Ext. 309.
r 1, 1 111 11111'',
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WASHINGTON F~n
COUNTY,'
v a OREGON i~ JUN 2 9 1S~;, ,
NOTICE OF PUBLIC HEARING ul ` .-ii, U'-
METZGER PARK LOCAL IMPROVEMENT DISTRICT
INCREASE IN MAXIMUM ANNUAL ASSESSMENT
The Board of County Commissioners will hold a public hearing on July 25,
1995, at 6:30 p.m. in the Shirley Huffman Auditorium, Public Services
Building, 155 N. First Avenue, Hillsboro, Oregon.
The Metzger Park LID Advisory Board and the Department of Support. Services
have recommended increasing the current maximum annual assessment against all
properties in the district from $40,500 to $60,500 per year. The Board may
levy assessments on an annual basis within the maximum without a further
public hearing.
The Board will consider written and oral testimony regarding the proposed
increase received before the close of the hearing. The Board may adopt an
order establishing a new maximum annual assessment and levying an assessment.
The current assessment for 1994/95 is $.0837 per $1,000 assessed valuation
($8.37 on a $100,000 property). The proposed assessment for 1995/1996 is
$.1143 per $1000.00 assessed valuation ($11.43 on a $100,000 property). This
ould amount to an increase of approximately $3.00 per year on a property
alued at $100,000. You may estimate the charge on your property by
multiplying $.1143 x the market value shown on your tax statement. Note that
the actual amount will change as the value of your property for tax purposes
changes. You also may call the number listed below for an estimate of the
amount of the charge on your property.
The proposed assessment, or the assessment as modified by the Board, will be
certified to the tax roll for collection with your property taxes.
The authority for a maximum annual assessment shall be revoked if the board
receives a written request to revoke signed by more than one-half of the
owners representing more than one-half by area of the property within the
local improvement district. The signatures cannot be more than 60 days old.
The maximum annual assessment was last increased in 1988. Assessments are
used to provide revenues for the operation and maintenance of Metzger Park
only. Metzger Park is a seven (7) acre neighborhood, day use facility funded
with local improvement district revenues and income generated from the rental
building onsite.
If you have any questions or want further information on this topic before
the above hearing, please contact the Department of Support Services,
Facilities Management Divisicn, at 155 N. First Avenue, Suite 320, Hillsboro,
Oregon 97124 or telephone (503) 693-4891.
G ard of County Commissioners for Washington County
o
_ IRVALER6EM19951951MN0.M
00.19.95.tw
Department of Support Services m Facilitios Management Division
111 S.E. Washington Street, MS# 42 • Hillsboro, OR 97123 • (503) 648-8715, fax (503) 693-4851
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CITY OF TIGARD, OREGON
RESOLUTION NO. 86 - 7
k ARESOI,UTION OF. THE CITY OF TIGARD, OREGON, DECLARING THE CITY'S SUPPORT FOR
THE ME"ZGER/WASHINGTON SQUARE ANNEXATION TO TIGARD.
' Whe oys.rthe Metz$ea/Washin$gton Square Community Planning organization (CPO)
r.; t
has'been studying its options in maintaining and improving municipal services;
4hereas-,-the CPO asked the City to conduct a Municipal Services Study for the
area and outline the City services available upon annexation;
Wiier_eas, the Tigard Municipal Services Study for tiie Metzger/kashington Square
'.CPd bps, been completed and presented at a CPO meeting; and,*
a~• _
tWhereas, citizens in the community and through the CPO have asked the City to
-formally declare its position towards a Metzger/Washington Square annexation
proposal;
'NOW9 THEREFORE, BE IT RESOLVED by the Tigard City Council that:
r Sectionl Election. The City reaffirms its preference fora Metzger/
Washington. Square community vote on a comprehensive proposal for the Metzger/
fr., ,Glashington Square area; and encourages timely hearings and an election by
,•~ovembes, 1986 if possible;
Section B.:- CPO Plan Recognition. The City agrees to the County CPO Land Use
Plan_rand:recognition of the CPO as a new City Neighborhood Planning Organiza-
r ;tion :(FIPO) immediately upon annexation;
x -'Section 3 City Services. The City agrees to extend the same levels of City
setv1ces auto the Metzger/Washington Square area as provided inside current
,Oatylmats, providing but not limited to: Police, Library, Parks (unless
4{>T f- 24etzg'es~;opts to ^ontinue the Park LID), Streets, Sewers, Storm Drainage,
~ ff 7 '~~Street .Laghtang, Building; Pl•~tnnlno, °:,gineeriag anu aai oinex t:enerel Govern-
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O^ _ ~(r r -711114Y
er Park LSD six Year
Metz? euditare Iistory
Revenue and Epp
8o,aoa
~S,c4o
~Re,,renue
~Expery3itures
70,040
1
65,000
60,000
i
55,000
50,000
95,000
94.45 95-9b
90-91 91-92 9293 93-94
40,000 - 84-90
88-89
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Wet, oiiiiiiiii~.-
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S- _ -2 l
METZGER PARR LID
ASSESSMENT INCREASE SIX YEAR ALLOCATION
95-96 96-97 97-98 98-99 99-2000 2000-01
1. Emergency Loan $2,507 $0 $0 $0 $0 $0
Repayment
2. Inflationary Cost 4,500 5,000 5,500 6,000 6,500 7,000
Increases
3. Operating Contingency 6,743 8,750 13,250 1,000 1,000 1,000
z (Recommend 33% of
Budget)
N 4. ADA Compliance & 6,000 6,000 1,000 5,000 5,000 5,000
Equipment ipment Replacement
5. Building Replacement* 0 0 0 7L750 7f250 6,750
TOTALS $19,7501 $19,750 19,750 $19,750 $19,750 $19,750
* In 20 years, Building Replacement will be approximately $225,000.
f~.
--Current LID Assessment $40,500
--Proposed In 20,000
--New Total Assessment $60,500
NOTE: 1976 Assessment $18,000
1981 Assessment $27,000
1988 Assessment $40,500
Proposed 1996 Assessment $60,500
Historically, Metzger Park LID Assessment increases by 50% on average every 6 years. 1996 is eighth
year at current level.
metzlid\UCI
R ill
offmEMUSEM N
Metzger Park LID...
Public Hearing - July 11, 1995
Telephone Calls Received
1. 7/10/95
Mr. Guy Hoagland, 9625 S.W. 69th Avenue, Tigard, Oregon,
telephoned (245-7079) with the following comment on the
Metzger Park LID assessment increase:
• Is against any increase without a vote of the people.
• Process appears to be like giving the County a "blank
check." He would rather give the County $5 on a one-time
basis. He feels he no longer has control over the amount
being assessed.
• Asked that a user fee be considered, or be creative-
rather than doing the "easier thing," which is to raise
taxes. He said his neighbors don°t even know where the
park is. Suggested volunteers hold fund raisers or
establish have cash-donation collection points in the
community.
• Suggested developers and property owners partitioning
property pay for increased demands on the park.
• lie works in the janitorial industry and noticed that a
floor buffer was contained on the list of items that need
replacement. He said that, unless the building has
hardwood floors, there would be no need for a floor
buffer. Special waxes for floors (other than hardwood)
are cheaper and better. He said if the buffer or other
equipment is needed, then he has no argument with the
list.
h:\Login\cathylmetzph.tel
F
M.
CAmr, 5
-71)) N
Ward Rader, Chairman
CPO 4-M
7617 SW Cedarcrest
Portland, Ore. 97223
Mayor Jim Nicoli July 7, 1995
Tigard City Council
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Re: Metzger Park Local Improvement
District Assessment Increase
Dear Mayor Nicoli & City Council:
Citizen Participation Organization 4-M at the
June 28, 1995 monthly meeting in the Metzger Community
adopted the following resolution in support of the
Metzger Park LID Assessment proposal now before you for
consideration: Be it resolved that:
Citizen Participation organization 4-M on June
28, 1995 at:.our monthly community meeting
unanimously endorses the adoption of the
Metzger Park LID Advisory Board and the Dept.
of Support Services recommendation in . :
increasing the maximum annual assessment.
CPO 4~-M commends the Park Board, the community
and the Washington County Board of Commissioners
for their dedication to preservation of open space
and the quality of care of Metzger Park. The
increase of assessment for the Park would be
approximately $3.00 on a $100,000 property.
CPO 4-M members present who live in Metzger
and those who live in Tigard in the Metzger
LID urge the City of Tigard Council to approve
the LID at their July 11th public meeting.
CPO 4-M recommends adoption of the LID assess-
ment at`the-July 25, 1995 Public Hearing by the
Board•.of,County Commissioners.
Thank you for your kind consideration.
Respectfully,
e,
Wa er r
a;s
.{s t
=1111 11 115 1
t+'
AGENDA ITEM #
For Agenda of July 11, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Comprehensive Plan Amendment and Zone Change
CPA 95-0002/ZON 95-0003
PREPARED BY: Rosy Valone DEPT HEAD OK *ITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City Council approve a comprehensive plan map amendment and zone change
on 0.39 acres from Commercial Professional/C-P to General Commercial/C-G?
STAFF RECOMMENDATION
Staff recommends that the City Council deny Comprehensive Plan Amendment/Zone Change
CPA 95-0002/ZON 95-0003 because the proposal is not consistent with all of the relevant
riteria noted in the final order.
INFORMATION SUMMARY
The proposed plan amendment and zone change concerns one parcel of land located along
the west side of North Dakota Street just south of SW Scholls Ferry Road. The applicant, Pacific
Crest Partners Scholls, has requested this action in order to expand the range of permissible
uses to those allowed under C-G zoning.
The Planning Commission recommended denial of CPA 95-0002/ZON 95-0003 at its hearing of
June 19, 1995. The proposed resolution, final order and vicinity map for this proposal are
attached. The applicant's submittals consist of<a written narrative and traffic impact analysis.
OTHER ALTERNATIVES CONSIDERED
Approve the comprehensive plan amendment and zone change.
FISCAL NOTES
No direct fiscal impact to the city.
ig 1!1,
r
CITY OF TIGARD, OREGON
RESOLUTION NO. 95-
A RESOLUTION BY THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS
TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 95-0 2)
AND ZONE CHANGE (ZON 950003) REQUESTED BY PACIFIC CREST PARTNERS SCHOLLS.
WHEREAS, the applicant requested a comprehensive plan map amendment from
z Professional Office (c-P) to General Commercial (C-G) and zone change from C -P to
C-G on 039 acres located on the west side of North Dakota Street just south of SW
Scholls Ferry Road;
WHEREAS, the Tigard Planning Commission considered the above application at its
public hearing on June 19, 1995, and recommended denial; and
WHEREAS, the Tigard City Council considered the above application at its public hearing
on July 11, 1995.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The proposal is not consistent with all of the relevant criteria noted in the
attached final order (Exhibit A).
Section 2: The City Council upholds the Planning Commission's recommendation for
denial of the comprehensive plan map amendment and zone map
change as set forth in Exhibits A and B.
Section 3: The City Council, therefore, orders that application request CPA 95-
0002/ZON 95-0003 be DENIED, and further orders that the City Recorder
send a copy of the final order as a Notice of Final Decision to the parties
in this case.
PASSED: This day of '1995.
Mayor - City of Tigard
R; ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 95-MEW
Page 1
l
1
EXHIBIT A
CITY OF TIGARD CITY COUNCIL
FINAL ORDER
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO, AN
APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE
REQUESTED By PACIFIC CREST PARTNERS SCROLL S. -
The Tigard City Council reviewed the application below at a public hearing on
July 11, 1995. The city council denies the request based on the facts, findings and
conclusions noted below.
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 95-0002
Zone Change ZON 95-0003
REQUEST: Amend the Comprehensive Plan map from C-P
(Commercial Professional) to C-G (General Commercial)
and change the zoning from C-P to C-G.
APPLICANT: Pacific Crest Partners Scholls
911 Oak Street
Hood River, OR 97031
OWNERS: Some
REPRESENTATIVE: Richard Allan
Ball, Janik & Novack
101 SW Main, Suite 1100
Portland, OR 97204
LOCATION: Southwest corner of SW Scholls Ferry Road and SW North
Dakota Street (Parcel 3 of Minor Land Partition 94-0013)
2. Vicini
The 0.39-acre site is located along the west side of North Dakota Street just
south of SW Scholls Ferry Road (see map Exhibit B). The proposal affects
Parcel 3 of a recently-approved minor land partition (MLP 94-0013) on tax
1 .
4
a -
lot 1S1 35AD, lot 2400 (see Exhibit C). The properties immediately abutting
the site on the north and west care Parcels 1 and 2 of MLP 94-0013. The
applicant is in the process of developing the site for construction of a bank
on Parcel 1 and 10,550 square feet of office/retail space on Parcels 2 and
3. Properties to the north across SW Scholls Ferry Road are in the City of
Beaverton and zoned for residential use with the exception of the northeast
comer of SW Scholls Ferry and SW Dakota Street, which is zoned for office
commercial. Properties to the west of the site beyond Parcel 2 are zoned
R-7 (PD) and contain the Summerlake subdivision. Properties to the east
across SW North Dakota Street are zoned for commercial development and
contain St. Vincent's medical office, McDonalds and Jiffy Lube. South of
the site are properties zoned R-7(PD). The Kindercare day care center,
located immediately to the south, is a conditional use in this zone.
3. Background Information
BMW In February of 1990, the British Petroleum Oil Company (BP) proposed
amending the comprehensive plan map on parcel 1S1 35AD, lot 2400 from
Commercial Professional to General Commercial and changing the zoning
from C-P to C-G. Staff recommended denial of the proposal due to
concerns related to traffic congestion, traffic safety and the absence of a
finding of a change of circumstances or evidence of a mistake in the
original plan. The Planning Commission recommended that the City
Council change the property to C-N on the northern part and leave the
C-P on the southern part. The Council rejected the applicant's proposal
and the Commission's recommendl.ition, and directed staff to prepare a
resolution denying the application. The applicant withdrew the application
before the resolution was sent to Council.
In August of 1990, BP proposed amending the northern 70% of the same
property from Professional Commercial (C-P) to Neighborhood Commercial
(C-N). Staff recommended denial of the proposal due to insufficient
evidence to support the claim that a change in circumstances had
occurred in the neighborhood or a mistake was made in the original
designation of the site, and because several of the locational criteria were
not satisfied. BP withdrew its application before it was heard by the
Planning Commission.
The current applicant, Pacific Crest Partners Scholls, was approved for a
minor land partition (MLP 94-0013) and site development review (SDR 94-
0014) in August of 1994. The original 1.24-acre parcel was divided into
three parcels. Parcel 3 of that partition is the subject of the current
application.
_ 2
The Planning Commission held a hearing on CPA 95-0002/ZON 95-0003 on
June 19, 1995, and voted 3-2 with one abstention to recommend denial of
the proposal. The commissioners requested that staff convey the following
concerns to the council: the commissioners are .uncomfortable about
opening up the proposed parcel to all types of uses under the C-G zone;
the provision in the code that allows retail uses, including restaurants,
outright in the C-P zone should be looked at and reevaluated to only allow
these as conditional uses; and the siting criteria for the C-N (Neighborhood
Commercial) zone, which restricts commercial development to one
quadrant of a street intersection or one side of a street, should be
reevaluated.
4. Site Information and Proposal Description
Site development has commenced on Parcels 1, 2 and 3 pursuant to the
approved site development application in August of 1994 (SDR 94-0014).
Approval of SDR 94-0014 allows for construction of a bank and 10,850
square feet of office/retail space. Prior to construction, former tax lot 2400
contained a veterinary office, three homes and an apartment building.
The applicant requests a comprehensive plan map amendment from C-P
(Commercial Professional) to C-G (General Commercial) and a zone
change from C-P to C-G on Parcel 3 of MLP 94-0013. The reason for the
requested change is to expand the range of permissible uses to those
allowed under C-G zoning. The applicant wishes to lease Parcel 3 to
Hollywood Video. Under C-P zoning, this type of use is limited to 20 percent
of the entire square footage within the development complex. Under this
restriction, only 3,100 of the 8,400 square feet of a building currently
approved and under construction on Parcel 3 could be used for such a
use. Therefore, a change from C-P to C-G will affect the permitted uses for
the remaining 5,300 square feet.
A written narrative, titled Statement in Support of Application for Quasi-
Judicial Comprehensive Plan Map Amendment and Zone Change, and a
trip generation comparison were submitted as part of the initial application.
A subsequent traffic analysis was performed by the applicant at the request
of staff and Washington County. They are included as part of this staff
report.
5. Agency Comments
The Tigard Water Department and Tualatin Valley Fire and Rescue District
have reviewed the proposal and have no objections. The Engineering
Division comments, contained in a memo dated May 25, concern the
3
E'
.
101
~k
„k
.traffic impacts during off-peak times. In part, the merno states: Although
North Dakota Street is designated as a minor collector, it functions in this
area more like a major collector, carrying traffic between 121st Avenue
and SW Scholis 'T=erry Road. While not a capacity problem, the volume of
traffic has been a concern for several years in the residential
neighborhoods to the south of the site. The concerns are related to safety,
noise and general quality of life issues as a result of the increased traffic in
the residential neighborhood. Traffic islands have helped to reduce speeds
but have provided little reduction in traffic volumes. The proposed zone
change is not likely to increase the overall traffic volume on North Dakota
Street. However, it does have the potential to increase the volume in the
evening and weekend periods the periods of greatest concern to the
residential neighborhoods. The applicant states that the zone change
would allow the property to be used as a video store. The peak traffic time
for video stores tends to be on evenings and weekends. We are
concerned that the proposed zone change will exacerbate existing traffic
problems in the residential areas to the south of the site. Therefore, we
recommend that the zone change be denied.
Washington County reviewed the proposal and initially stated that the
traffic information submitted by the applicant is not adequate to fully
determine whether the impacts of the proposal are acceptable or
unacceptable. Based on the available information, the County
recommended the following: Defer any decision until the applicant
provides a traffic analysis that addresses impacts of the proposal as
contemplated by the Transportation Planning Rule (OAR 660-12-060); or limit
the use of the site to not exceed the PM peak trip threshold of the existing
`worst case' (158 trips) through conditions of the plan amendment; or deny
the request. An additional analysis was conducted by the applicant for the
Scholls Ferry Road/North Dakota Street intersection. Washington County
reviewed this analysis and has no objections to the proposed amendment.
No other comments were received at the time of this report.
6. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1,
6.1.1, 5.4, 8.1.1, and 12.2.1 (2); Community Development Code chapters 18.22,
18.32 and 18.62; and Oregon Administrative Rules, Chapter 660, Division 12.
i . Policy 1.1.2, Implementation Strategy 2, requires that in order to approve
quasi-judicial changes to the comprehensive plan map, the city council
must find: a change is consistent with applicable plan policies; and a
change of physical circumstances has occurred since the original
y 4
Pow
designation, or a mistake was made in the original land use designation.
The applicant's statement in support of this proposal asserts that
circumstances have changed in the neighborhood or community since the
entire site (previous WCTM 1S1 36AD, lot 2-00) was annexed to the city and
zoned C-P in 1979. The applicant contends that a substantial amount of
new office space has been developed since 1979. In particular, the
properties zoned I-P (Industrial Park) along SW Nimbus Avenue to the east
have been developed principally as an office park and not as industrial
space. This hundreds of thousands of square feet of flex-space
development does not appear to have been envisioned, given the I-P
zoning of this area. This situation has caused, in turn, an excess of potential
office space in the area. Evidence of this surplus, the statement claims, is
the vacant second floor of the medical office building across SW North
Dakota Street from the site. In addition, the applicant has not been able
to find any tenants to lease the office-type space in the Parcel 3 building.
This assertion, however, does not meet the requirement that a change in
physical circumstances occurred or that a mistake was made concerning
the affected property. It is an argument based upon the current market
for commercial office space. The comprehensive plan does not contain
policies or criteria for designating land uses based upon such market forces.
Therefore, this criterion is not met.
Even if marketability of offices ace could be construed as a criterion, the
applicant's argument that an excess of office space has developed that
was not envisioned by the comprehensive plan and affects his property is
not supported by the evidence. The I-P zoning district in the Nimbus
Avenue area, which has been in place since adoption of the
comprehensive plan, allows for light manufacturing, office and
complementary related commercial uses. The increase in office space
'development' has been due to build out of a zoning district that
{T contemplated these uses.
In fact, the plan and zone designations in this area seem to have done a
good job in anticipating the future mix of commercial uses. Currently, it
appears that the market for office tenants is strong. Staff surveys
conducted in May along the SW Scholls Ferry Road corridor from Nimbus
Avenue to SW North Dakota Street have yielded the following findings.
® Scholls Business Center, SW Scholls Ferry/SW Nimbus (Tigard I-P zone): .
According to the lease office, the market for office tenants is very
strong with high lease rates; in fact, this type of tenant is being
targeted by the office to fill the remaining vacancies; out of 313,379
square, feet of leasable area, 18,803 are vacant (b% vacancy).
5
MEMBER 13 MUM
lid
f.
6 Nimbus Center, SW Scholls Ferry/SW Nimbus (Tigard C-G zone): out
of 26,281 square feet of leasable area, 4338 are vacant 0 7%
vacancy).
Greenway Town Center, SIVVSchoiis Ferry Road/3W 122n d (Tigard 'C - %G-1
zone): out of approximately 123,000 square feet of leasable area,
approximately 5,000 are vacant (4% vacancy).
® Parkside Plaza, SW Scholls Ferry Road near Conestoga (Beaverton CS
zone, Community Service): out of 26,581 square feet of leasable
area, 5,335 are vacant (20% vacancy),
® Pacific Place Center, SW Scholls Ferry/Nimbus in Beaverton
(Beaverton Cl zone, Campus Industrial): out of 29,510 square feet of
leasable area, approximately 2,360 are vacant (8% vacancy).
® Nimbus Corporation Center, SW Scholls Ferry/Nimbus in (Beaverton Cl
zone): out of 692,961 square feet of leasable area, 27,718. are
vacant (4% vacancy).
As these data show, the vacancy rate for commercial office space and
general retail space along SW Scholls Ferry Road west of Highway 217 is
comparable. The overall vacancy rate for commercial uses in the corridor
is 5% with a comparable split between land use zones that are primarily
intended for retail (8%) and those for office/industrial (5%). There is no
evidence of an oversupply of leasable office space. In fact, the vacancy
rate at commercial centers zoned primarily for retail is 3% higher than the
rate for centers zoned primarily for office uses. In addition, three
lease/properly managers representing commercial interests along SW
Scholls Ferry Road stated that office space is currently a very desirable
commodity. As for the vacancies in the St. Vincent's Medical Clinic
building across SW North Dakota Street from the site, the entire space is
being held for additional physicians' offices. The lease manager stated
that the vacant office space being held could have been leased several
times over given the number of inquiries received by her.
2. Policy 2.1.1 states that the city shall maintain an ongoing citizen
involvement program and shall assure that citizens will be provided an
opportunity to be involved in all phases of the planning process. The policy
is satisfied because the surrounding property owners were given notice of
public hearings related to the proposal and given the opportunity to
comment on the proposal. The notice for the planning commission and
city council hearings were sent to surrounding property owners within 250
feet of'the affected property, posted at Tigard City Hall and advertised in
b 6
a
a local newspaper. In addition, the applicant provided notice of and
conducted a meeting on March 24, 1995, for interested property owners
within a 250-foot radius of the affected property.
3. Policy 5.4 states that the city shall ensure ti scat new col m n i erciai and
industrial development shall not encroach into residential areas that have
not been designated for commercial or industrial uses. The parcel
proposed for redesignation to commercial use is currently zoned C-P, a
commercial designation. This policy is satisfied, therefore, because there
will be no encroachment of new commercial development into residential
areas.
4. Policy 8. 1.1 states that the city shall plan for a safe and efficient street and
roadway system that meets current needs and anticipated future growth
and development. The traffic analysis performed for the site development
review, subsequently approved in August of 1994, concluded that the
development project could be accommodated by the existing road
system. The analysis estimated there would be 87 PM peak hour trips (38
enter, 49 exit) generated by Parcel 3 uses. The applicant addressed
potential traffic impacts from the current proposal using another trip
generation analysis. Trip generation rates were compared for several
different mix of use scenarios for the 8,400 square foot building under
construction. Given the existing site plan and parking limitations, staff from
the city and Washington County arrived at a 'worst case' scenario based
on store tenants, vvhich includes the applicai is preferred video store. The
applicant conducted a trip generation comparison between this scenario
and a proposed scenario under the current C-P which indicated that the
current zoning would generate more trips. It is noted, however, that both
of these scenarios generate significantly more PM peak hour trips than the
analysis performed by the applicant indicated for Parcel 3 during the site
development review in August of 1994 (286 for C-P and 248 for C-G vs. the „
87 indicated in 1994).
An intersection analysis was conducted by the applicant based on the two
reasonable 'worst case' uses under the C-P and C-G zoning. The analysis
found that the SW Scholls Ferry/North Dakota intersection will experience
,F demand in excess of its capacity within the next few years. This situation
will be attributable to additional development over a large area of Tigard
and Beaverton, not one specific project, as Scholls Ferry is a major arterial
roadway. Level of service F will occur by the year 2005 under both zoning
scenarios (see Exhibit D). Washington County reviewed the analysis and
finds that the proposed amendment will not have a significant effect on
the planned County transportation system.
7
t_..
1~ Flo
s. Policy 12.2.1(2) provides the locational criteria for designating land as
general commercial on the plan map. The locational criteria can be
construed in a flexible manner in the interest of accommodating proposals
which are found to be in the public interest and capable of integration into
11 ie Co1i11 1ur`1ity. The burden of proving conformance with 11 le crlterla varlet
with the degree of change and impact on the community. The applicable
locational criteria with findings are as follows:
a. The commercial area is not surrounded by residential districts on
_ more than two sides. The properties immediately to the north and
west of the site are Parcels 1 and 2 of MLP 94-0013, which are zoned
C-P. Beyond these single parcels are residential neighborhoods.
Across SW Scholls Ferry Road to the north is a Beaverton subdivision;
and to the west is the Summerlake subdivision in Tigard, zoned R-
7(PD). The same residential subdivision lies to the south, however, the
parcel adjoining the site is currently occupied by Kindercare day
care center. Across SW North Dakota Street to the east is a
commercial area with C-N and C-G zoning districts. This criterion is
met because a residential district is immediately adjacent on only
one side of the proposed site.
b. The proposed area or expansion of an existing area shall not create
traffic conaestion or a traffic safety problem. Such a determination
shall be based on street capacity, existing and projected traffic
volumes. the speed limit, number of turning movements and the
traffic generating characteristics of the various types of uses.
The applicant's traffic analysis concludes that the SW Scholls
Ferry/North Dakota intersection will experience demand in excess of
its capacity within the next few years. - The report states that this
situation will be attributable to additional development over a large
area of Tigard and Beaverton, not one specific project, as Scholls
Ferry is a major arterial roadway. Washington County reviewed this
analysis and concluded that the proposal will not make the planned
transportation system any worse than it would be without the plan
amendment/zone change.
The Engineering Division is concerned that the proposal will have
adverse effects on the residential neighborhood to the south. The
division states that the increased volume of traffic will exacerbate
existing traffic problems in the neighborhood. The particular
concerns are related to safety, noise and the general quality of life.
The use of the site as a video store especially, the division believes,
will add traffic during evenings and weekends, historically the times
of greatest concern to area residents. For this reason, the division
8
IlIq I'
F
recommends denial of the proposed amendment and zone change.
C. The site shall have direct access from a major collector or arterial
street. Access to the site is via SW North Dakota Street, a minor
collector. This was determined by the city's approval of the site
development plan (SDR 94-0014) in August of 1994 because direct
access to SW Scholls Ferry Road, an arterial street, was prohibited by
Washington County. Because direct access to SW Scholls Ferry Road
is not allowed for this property's development, strict adherence to this
_ criterion is not warranted in this case.
d. Public transportation shall be available to the site or general area.
Td-met offers bus service along SW Scholls Ferry Road with stops just
west of Old Scholls Ferry Road and just east of Conestoga Drive.
Because transit service is available to the site area, this criterion is
met.
e. The site shall be of a size which can accommodate present and
projected uses. A site development plan has already been
approved by the city (SDR 94-0014) and construction is currently
underway. The site will be able to accommodate approximately
8,400 square feet of office and/or retail uses. Easements exist to
allow parking for these uses on Parcels 1 and 2. The applicant
pre ors to lease the entire space for a video store and states that any
other future uses would be limited to those that can be
accommodated within the building envelope.
f. The site shall have high visibility. The site is located in the
development complex that is oriented towards SW Scholls Ferry Road,
giving it high visibility for general commercial use.
g. The scale of the project shall be compatible with the surrounding
uses. The approved development on this site consists of a single-story
structure of approximately 8,400 square feet. The proposal does not
involve any change to this scale of the project. The relatively small
scale of the project is compatible with the surrounding uses of
commercial and medium density residential.
h. The site configuration and characteristics shall be such that the
privacy of adiacent non-commercial uses can be maintained. The
approved development plan orients the building toward SW Scholls
Ferry Road on the north. To the east across North Dakota Street is
commercially-zoned which includes a medical office center. To the
south is the Kindercare day care center, a conditional use in an R-7
_ - 9
z is
(PD) zone. There will be no windows or public access facing south
towards this residentially-zoned area. To the east is the new
veterinary clinic building and a 20-foot buffer between the building
and the residential neighborhood. With the foregoing configurations
and characteristics, this criterion is met.
L It shall be possible to incorporate the unique site features into the site
design and development plan. • The development plan has already
been approved for the site and construction is currently underway.
The site contained no unique features prior to site development.
j. The associated lights noise and activities shall not interfere with
adjoining non-residential uses. The adjoining uses to the north and
west of the site are part of the same development complex and
therefore will be integrated with whatever use is chosen for the
affected property. The development as approved will not create
noise and lighting impacts to the medical office building across SW
North Dakota Street or the Kindercare center to the south. The
building orientation will be to the north facing away from the day
care center.
b. Section 18.32 of the Community Development Code sets forth the
procedural requirements for review of quasi-judicial plan amendments. The
application has been processed in accordance with code sections
18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the
planning commission and city council according to 18.32.090(D); and the
requirements for notification of the hearings have been met according to
18.32.130 and 18.32.140.
7. Section 18.22 of the Community Development Code sets forth standards
and procedures for quasi-judicial amendments to the plan and zoning
district map as follows:
A. A recommendation or a decision to approve, approve with
conditions or to deny an application for a quasi-judicial amendment
shall be based on all of the following standards:
1. The applicable comprehensive plan policies and map designation;
and the change will not adversely affect the health, safety and
welfare of the community. The applicable plan policies related to
the proposal are, reviewed above under section B (Findings and
Conclusions).
2. The statewide planning goals adopted under Oregon Revised
Statutes Chapter 197, until acknowledgement of the comprehensive
k 10
plan and ordinances. The Tigard Comprehensive Plan has been
acknowledged, therefore specific review of each statewide planning
goal is not applicable. Notice of filing this proposed amendment has
been provided to the Department of Land Conservation and
Development for comment at least 45 days prior to the final decision
date.
3. The applicable standards of any provision of this code or other
applicable implementing ordinance, Code section 18.62 (General
Commercial District) contains the standards for the C-G zone. The
approved development under the C-P zone meets the standards
under the section for the C-G zone: The average lot width exceeds
50 feet; all setback requirements are met by the approved site plan;
maximum building coverage (85%) and minimum landscaping
requirements (15%) are met by the site plan; and other requirements
such as landscaping and screening and off-street parking and
loading are identical for both zones. If this proposal is approved and
the applicant wishes to alter the site development plan, the current
planning division would need to review and approve the changes.
4. Evidence of change in the neighborhood or community or a mistake
or inconsistency in the comprehensive plan or zoning map as it
relates to the property which is the subject of the development
application. See above under R.1.
9. Conclusion
In conclusion, staff finds that all applicable approval criteria to support a
comprehensive plan amendment and zone change have not been met.
The statement submitted by the applicant regarding comprehensive plan
policy 1.1.2 (Implementation Strategy 2), requiring that the city find that a
change of physical circumstances has occurred or a mistake was made in
the original designation, is not a valid argument. It does not address a
physical change of circumstances, but is rather based on the market
demand for commercial retail and office land uses. Staff cannot,
therefore, make findings to support the proposed amendment and zone
change.
C. DECISION
The city councils denies the requested comprehensive plan amendment
CPA 95-0002 and zone change ZON 95-0003 based upon the foregoing
findings and conclusions.
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EXHIBIT D
MACKENZIE ENGINEERING INCORPORATED
CIVIL • STRUCTURAL • SURVEYING • TRANSPCRTATICN
0690 SW BANCACF° 3T:;EcT • ?C BOX 69039
is PCRT4aN0. CREGCN 3'201 •C039 • .5031 ?a•35o0 • =Ax .5031 229-:T95
June 5, 1995
Washington County
Land Use and Transportation
Attention: Scott King
155 North First Avenue, Suite 350
Hillsboro, Oregon 97214
Re: Pacific Crest Zone Change
Scholls Ferry/North Dakota Traffic Conditions
Project Number 294149
Dear l'Ar. King:
Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of
Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest
comer of the intersection. The scenarios reviewed include existing traffic conditions before development
of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P
to C-G. Our previous trip generation comparison indicated that under worst case scenarios, the existing
zoning would actually generate more trips than the proposed zoning.
Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US
Bank and Jiffy Lube and traffic generated from the Pacific Crest site. This includes she planed
veterinarian office and bank and the "worst case" scenarios for Parcel 3. With existing C-P zoning, Parcel
3 could support a 2,800 s.f convenience market and a 5,300 s.£ Motor Vehicles Department office. Under -
the proposed C-G zone, the DNfV office would be replaced by a video store.
Washington County staff provided E11NfNfE/2 model runs for 2010 projected traffic volumes and 1985
volumes. The 2010 volume projections for Scholls Ferry are below the PNI peak hour traffic counts
conducted by NfEI staff during the summer of 1994. To estimate the 2005 traffic volumes, the growth rate
anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to
be approximately 5% per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5%
rate was used for long term growth since the 7% rate is reflective of high levels of development in recent
years and increased traffic due to the improvements completed on Scholls Ferry Road.
Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985
I Highway Capacity ;v-fa*1ual. The calculation accounts for the existing PIVI signal timing on Scholls Ferry
Road. The table below presents the intersection level of service as well as volume to capacity ratio (V/C)
and average delay for the existing and proposed zones in 119015 and 2005. The signal progression sy =tern
currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes
projected for 2005 result in intersection demand significantly over capacity. These results, although
shown, are not reliable. Several variables may affect future operation of the intersection including a
constant growth rate of 50,'o, how planned roadway improvements will affect Scholls Ferry traffic, and
F.%W PDATA'95-36,94149105L 1. SIC
Rum mi
Scott King
Project Number 294149
June 5, 1995
Page 2
what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection
improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the
'Murray Boulevard Extension-M-11 nut improvements and SW 125th Extension to Hall Boulevard. -
L Entersec'.ion Capacity and Level of Service
Scholls Ferry Road at North Dakota Street
Scenario V/C Delay LOS*
1995 C-P Zone 0.993 32.2 D
1995 C-G Zone 0.987 30.5 D
2005 C-P Zone 1.63 >60 F
1005 C-G Zone 1.62 >60 F
* Level of Service is based upon average delay.
The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its
capacity within the nest few years. The traffic increases will be attributable to development over a large
area of Tigard and Beaverton, not one- sne ific prniecr_ as Scholls Ferry is a maior arterial roadway. The
costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new
development in the area.
If you have any additional questions please call me at 224-9560.
Sincerely,
Brent Ahrend #10505 '9
Traffic Analyst
/`BTA.sk
O •Yt3, -
Enclosures G. L
c: Ray Valone, Michael Anderson - City ofTigard
Dan Boyden - Pacific Crest
Richard Allen - Ball Janik & Novack
r"e.W?DA:.a95-069s I~v~GSLl.S~:
Statement in Support of'Application for Quasi-judicial
Comprehensive Plan Map Ainendrnent and Zone Change
Applicant/Owner: Pacific Crest Partners Scholls, L.L.C.
Representative: Richard H. Allan
Ball, Janik & Novack
101 S.W. Main, Suite 1100
Portland, OR 97204
228-2525
Request: Comprehensive Plan Map amendment from
Commercial Professional to General Commercial
and Zone Change from C-P to C-G for 16,818
square foot parcel (Parcel 3 of MLP 94-0013).
Location: S.W. North Dakota Street, at southwest
quadrant of intersection with S.W. Scholls
Ferry Road
1. Introduction
This application is for a quasi-judicial comprehensive plan
map amendment from Commercial Professional to General Commercial
and zoning map amendment from C-P (Professional Commercial) to C-
G (General Commercial). The subject property is located at the
southwest corner of the intersection of S.W. Scholls Ferry Road
and S.W. North Dakota Street. The property was the subject of
Site Development Review SDR 94-0014, which approved construction
of a 3,593 square foot bank and 10,850 square feet of retail
office space; and Minor Land Partition MLP 94-0013, which
approved division of the parcel of approximately 57,500 square
feet into three parcels. The three parcels will share a common
access on S.W. North Dakota Street; there will be no access on
S.W. Scholls Ferry Road. The property does not share its street
access with any surrounding property. The approved site
development plan includes a landscaped parking area, with
approximately 60 parking spaces. Parking is shared by all three
parcels through cross-easements. Development of the site in
accordance with the approved site development plan is currently
under way.
The surrounding properties are developed with a mix of
commercial and residential buildings.
The purpose of the requested comprehensive plan map
amendment and zone change is to expand the range of permissible
uses an one of the three parcels. Pursuant to TCDC section
18.64.030(A)(2)(m), the C-P zone limits the following uses,
separately or in combination, to a maximum of 20 percent of the
entire square footage within the development complex: (1)
convenience sales and personal services; (2) eating and drinking
establishments; and (3) general retail sales. The applicant
proposes rezoning Parcel 3 of MLP 94-0013 (16,818 square feet)
from C-P to C-G. Parcels 1 and 2 would remain zoned C-P, and
K
would remain subject to a deed restriction that prohibits using -
those two parcels for any use listed in TCDC section
18.64.030(A)(2)(m). Under the current zoning, about 3100 square
' feet of the building located on Parcel 3 could be used for any
use listed in TCDC section 18.64.030(A)(2)(m). Therefore, a
change from C-P to C-G for the Parcel 3 development will only
affect the permitted uses for the remaining 5,000 square feet of
developed space on that parcel. The applicant has no plans to
expand or otherwise alter the approved development on the
property. The applicant intends to lease the Parcel 3 space to a
family-oriented video store, Hollywood Video.
The applicant would be willing to rezone Parcel 3 to C-N
(Neighborhood Commercial) rather than C-G (General Commercial);
the C-N zone is more restrictive than the C-G zone but would
still allow the applicant's proposed use. However, the
locational criteria for Neighborhood Commercial zoning, as set
forth under Plan Policy 12.2.1, limit such development to "one
quadrant of a street intersection or where there is no street
intersection, to one side of the street." The lot at the
southeast corner of the intersection of S.W. Scholls Ferry Road
and S.W. North Dakota is already zoned C-N, as a result of the
City Council's action in CPA 10-86/ZC 18-86. That property has
been developed with a 2-story medical clinic, which would have
been allowed under the prior C-P zoning of that property.
Nonetheless, the existence of the C-N zoning at the southeast
corner of the intersection appears to bar C-N zoning as
possibility for Parcel 3.
II. Approval Standards
_ Section 18.22.040 of the Tigard Community Development Code
sets the standards for quasi-judicial map amendments. The
standards which must be addressed are:
A. The applicable comprehensive plan policies and map
designation and; the change will not adversely affect
the health, safety and welfare of the community.
(1) Applicable comprehensive plan policies and map designation
Plan Policy 1.1.2, Implementation Measure 2, requires that
in order to approve a quasi-judicial amendment to the Plan, the
City must find that the change is consistent with applicable plan
policies, that a change of physical circumstances has occurred
since the original designation, or their is evidence of a change
in the neiahbcnhood or community which affects the subject
parcels. Alternatively, the City must find that a mistake was
made in the original designation.
{
2 0048925.01
.1 r7.
Response: The property was zoned C-P in 1979, as a result of a
zone change from Washington County R 5-1. At the'same time, a
Conditional Use was approved to allow a veterinary clinic on the
property (CU 7-79/SDR 21-79). It appears, therefore, that the
current C-P zoning of Parcels 1, 2 and 3 may originally have been -
intended to accommodate the veterinary office that will now be
located on Lot 2, which will continue to be zoned C-P. An
application to rezone the entire site to C-G was filed in 1990
(CPA 93-003/ZC 90-0001); the purpose was to site a British
Petroleum gas station on the property. The application was
withdrawn when the applicant was denied a driveway on S.W.
Scholls Ferry Road by ODOT.
The property to the east across S.W. Scholls Ferry Road was
rezoned from C-P to a mixture of C-P, C-N and C-G in 1986 (CPA
10-86/ZC 18-86) after the pity council previously denied a
request to rezone the entire property from C-P to C-G in 1985
(CPA 3-85/ZC 3-85). The applicant for the 1986 zone change
submitted an analysis by Hobsor. & Associates, an economic
consulting firm, indicating a substantial oversupply of office
space in the area, and a need for additional commercial/retail
development.
Even if zoning the entire site (Parcels 1, 2 and 3) C-P was
correct in 1979, circumstances have changed. Since that time, a
substantial amount of new office space has been developed. In
particular, the property zoned I-P (Industrial Park) along S.W.
Nimbus has been developed not as industrial space but principally
as an office park. In other words, this constitutes hundreds of
thousands of square feet of flex-space development, with superior
freeway access, that does not appear to have been envisioned,
given the I-P zoning of the property. The existence of excess
office space is evidenced by the fact that the second floor of
the St. Vincents Medical Clinic, located on the C-N property
across S.W. North Dakota, has been vacant since the building was
constructed approximately four years ago. In addition, the
applicant has talked with numerous potential office tenants over
the last 12 months and has not found any who will lease space in
the Parcel 3 building.
The applicant proposes retaining the C-P zone on Parcels 1
and 2. These parcels will accommodate a Key Bank branch and a
veterinary office (apparently the use that originally led to the
C-P zoning). However, given the high visibility of the site, the .
proximity to residential development that creates a demand for
retail-type uses,, and the development of a large volume of
competitive office space since 1979, a rezoning of Parcel 3 for
general commercial use is justified.
Plan Policy 2.1.1 states that the City shall maintain an
ongoing citizen involvement program and shall assure that
0048925.01
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OVER 11
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1717
citizens will be provided an opportunity to be involved in all
phases of the planning process.
a
Response: The applicant provided notice and conducted a meeting
for interested property owners within a 250-foot radius of the
affected property. The meeting was held on March 24, 1995. The
CXT representative for this area was also notified of the
neighborhood meeting. Notice will be provided of the Planning
Commission and City Council Public Hearings for this proposal.
Plan Policy 5.1.4 states that the City shall ensure that new
commercial and industrial development shall not encroach into.,
residential areas that have not been designated for commercial
uses.
Response: This policy is satisfied because the subject property
is presently zoned for commercial rather than residential use.
Plan Policy 5.1.1 states that the City shall plan for a safe
and efficient street and roadway system that meets current needs
and anticipated future growth and development.
Response: This policy is satisfied because the subject property
is located at the intersection of S.W. Scholls Perry Road (State
Highway 210), which is designated an Arterial Street on the city
of Tigard Comprehensive Transportation Plan Map.
Plan Policy 12.2.1 provides the description and locational
criteria for commercial zones. The Comprehensive Plan contains
the following description of the General Commercial zone:
"General Commercial areas are intended to provide for
major retail goods and services. The uses classified
as general commercial may involve drive-in services,
large space users, a combination of retail, service,
wholesale and repair services or provide services to
the traveling public. The uses range from automobile
repair and services, supply and equipment stores,
vehicle sales, drive-in restaurants to laundry
establishments. It is intended that these uses be
adjacent to an arterial or major collector street."
Response: The proposed use on Parcel 3 is a video store, which
is a retail use allowed under the C-G zone.
The Comprehensive Plan establishes the following locational
criteria for the General Commercial zone:
Spacing and location: The commercial area is not
surrounded by residential districts on more than two
sides.
4 ooss92s.oi
av L r-- , xResoonse: The property abutting Parcel 3 on the south is zoned
R-7 (Residential, 7 units per acre). However, that property is
currently occupied by the Kindercare daycare center, which
operates under a. conditional use permit. Properties to the east,
across S.W. North Dakota Street, are zoned C-P (Professional
9 Commercial), C-N (Weighborhood Commercial). To the north and
z _'7 west are Parcels 1 and 2 of MLP 94-0013, which will remain within
the C-P zone. Even considering Parcels 1, 2 and 3 as a whole,
the site abuts residential zones on only two. sides.
Access: The proposed area or expansion of an existing
area shall not create traffic congestion or a traffic
safety problem. Such a determination shall be based on
street capacity, existing and projected traffic
volumes, the speed limit, number of turning movements
and the traffic venerating characteristics of the
various types of uses.
Response: The proposed change will not alter the approved site
development plan, which is currently under development. A
traffic study was submitted to the City in conjunction with Site
Development Review SDR 94-0014. That study recommended that the
northbound left turn lane should be extended south to reduce
interference with other northbound traffic, and that on-street
parking be prohibited. The City agreed with those conclusions.
The applicant is providing a half-street improvement and the
restriping of the northbound left turn lane on S.W. North Dakota
as a condition of approval of SDR 94-0014.
The proposed zone change will expand the range of permitted
coy-n-In?rcia1 ,:Say for only
~~about 5,000 square feet of developed
space. The driveway into the site has been designed to allow
cars exiting the site to turn right (southbound, on S.W. North
Dakota Street) while other cars are waiting to turn left to cross
or turn onto S.W. Scholls Ferry Road. To the extent that
northbound traffic at the intersection queues up past the
driveway, additional stacking is provided onsite without
interfering with cars exiting the site southbound.
Access: The site shall have direct access from a major
collector or arterial street.
Response: The site is located at the intersection of S.W.
Scholls Ferry Road, an arterial, and S.W. North Dakota Street, a
minor collector.
Access: Public transportation shall be available to
the site or general area.
Response: Tri-Met bus service is available on S.W. Scholls Ferry
Road; a bus stop is located on the sidewalk adjacent to Parcel 1.
5 0049925.01
a~fra
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_ Site Characteristics: Ths site shall be of a size
which can accommodate present and projected uses.
Respons_e; A site development plan has already been approved and
the construction is currently underway. The proposed use, a
video store, can be accommodated within the approximately 8,000
square feet of developed space on Parcel 3. Easements exist to
allow parking on Parcels 1 and 2. Any other future uses would be
limited to those that can be accommodated within the space as
developed. Thus, the site clearly can accommodate present and
projected uses.
Site Characteristics: The site shall have high
visibility.
Response: The site is located at the intersection of S.W.
Scholls Ferry Road and S.W. North Dakota Street. The approved
site plan orients all development on the site toward S.W. Scholls
Ferry Road, giving it ideal visibility for general commercial
development.
Impact Assessment: The scale of the project shall be
compatible with the surrounding uses.
Response; This application does not involve any change to the
scale of the project, which is already approved for development.
In addition, the site size and the zoning constraints (maximum
lot coverage, minimum landscaping, and parking), restrict the
potential for additional development on the property. The
approved development on Parcel 3 consists of a single-story
structure of approximately 8,000 square feet. The development is
compatible with and integral to the development on Parcels
1 an 2. The relatively small scale of the development also is
compatible with nearby residential development.
Impact Assessment: The site configuration and
characteristics shall be such that the privacy of
adjacent non-commercial uses can be maintained.
Response: As discussed above, the existing development is
oriented toward the intersection of S.W. Scholls Ferry Road and
S.W. North Dakota Street. There will be no windows facing the
residentially zoned property south of Parcel 3. Moreover, the
property south of Parcel 3 although residentially zoned is
occupied by a daycare center operating under a conditional use
Ft permit.
impact Assessment: It shall be possible to incorporate
the unique site features into the site design and
development plan.
6 0048925.01
Ism-d
1
Hesponse: Applicant is not aware of any unique site features.
Moreover, the site is already approved or development.
Impact Assessment: The associated lights, noise and
activities shall not interferes with adjoining non-
residential uses.
Response: A Kindercare daycare center is located on
residentially zoned property to the south of Parcel 3. The
building on Parcel 3 will be oriented away from that use. Aside
from ordinary traffic, the proposed use will not generate noise,
and lighting will not be of a type or scale that would interfere
with adjoining nonresidential uses, all of which are commercial
in nature.
(2) Affect on health, safety and welfare of the community
The subject property is already approved for development.
Thus, the proposed map amendment will not alter the physical
development of the property. The only effect of the change will
be to allow a wider variety of commercial uses within the
existing development. There is no reason to believe that the
change will have any adverse impact on the health, safety and
welfare of the community.
Indeed, if the applicant is limited to approximately 3,000
square feet of retail development on the overall site (Parcels 1,
2 and 3), it is likely that the retail space will have to be
leased to a fast food franchise, which will pay a high lease
-CL -v _ le....ls"
iZcn the re»:r::;in~. , n n n crr»ara fQe+.
rate, 1n oru v ~u,.+i.w ta - - -r
which is likely to be underleased. Based on meetings with
neighbors, it appears that the neighbors clearly do not want a
fast food franchise because of potential impacts to their
neighborhood (including odors, and the potential for such
locations to become hangouts for students from nearby schools).
The neighbors have expressed a preference for a video store
which, because of size.
B. The statewide ulannina goals adouted under Oregon
Revised Statutes Chapter 197, until acknowledgment of
the comprehensive plan and ordinances.
The City's comprehensive plan and ordinances have been
acknowledged by LCDC; therefore, the statewide planning goals are
not approval standards for this application.
C. he app1J.C.a1.J1.C s1.411daruo oL any proylsion o1 phis code
or other auulicable implementing ordinance.
Chapter 18.62 of the Community Development Code establishes
the development standards for the C-G zoning district. The
R
7 0048925.01
1
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pment approved for Parcel 3 conforms with the development
elo
,r,, development approved for Parcel 3 conforms with the development
7e,~j
ndards for the r-G district. The zone change therefore would not result in nonconforming development:
(1) Average minimum lot width exceeds 50 feet.
(2) The property abuts a residential district to the south. The
approved site development plan provides the 20-foot setback
from the residential zone, as required by section
18.62.050(A)(3).does not abut a residential district.
(3) Height of the building will not exceed 45 feet.
(4) Maximum building coverage is substantially below the limit
of and 1-a..ds-v^°u saay r^'nsubstantially exceeua t
1.ilC minimum
requirement of 15%.
Additional development requirements are imposed elsewhere in the
code. However, these requirements (e.g., landscaping and
screening; off-street parking and loading) would not differ
between the C-P district and the C-G district. Thus, the zone
change does not affect whether the development is consistent with
these standards. With respect to parking requirements, Parcels
1, 2 and 3 share parking through cross-easements. The
approximately 60 parking spaces on the approved site plan provide
more than adequate parking for the uses on Parcels 1 and 2, and
the 1 space per 400 square feet required for "convenience sales
and personal service" or "general retail sales," the two most
likely categories for the proposed use.
D. Evidence of chancre in the neighborhood or community or
mistake or inconsistency in the comprehensive plan or
zoning map as it relates to the property which is the
subject of the development application.
This standard is addressed above under Comprehensive Plan
Policy 1.1.2.
III. Transportation Planning Rule
The Transportation Planning Rule (OAR 660-12--60) requires
that 11(a]mendments to functional plans, acknowledged
comprehensive plans, and land use regulations which significantly
affect a transportation facility shall assure that allowed land
uses are consistent with the identified function, capacity, and
level of service of the facility." The proposed map amendment
and zone change affects only 16,818 square feet of land and about
8,000 square feet of developed space, less than 5,000 square feet
of which could not be used for the proposed use (video store)
under the. current zoning. Based on the approved development plan
for the site and the improvements to S.W. North Dakota that were
I
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required as conditions of approval of the site development
r~VP41, t_?i3 map amargc3nlPntand zone Chandra LJQL1d no significantly
affect a transportation facility.
IV. Conclusion
For the reasons stated above, applicant requests that the
comprehensive Plan map designation for the property be changed
from Commercial Professional to General Commercial, and that the
zoning of the property be changed from C-P to C=G.
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MACKENZIE ENGINEERING INCORPORATED
CIVIL • STRUCTURAL* SURVEYING • TRANSPORTATION
ry
0690 S.W BANCROFT STREET • PO. 0X 69039
FAMM PQRTI,.AND. OREGON 97201-0039 • (5503) 22424-9 -9560 o FAX (503) 228-1285
MAY 2 6 1995
May 25, 1995
CI-Ty OF. TIGARD
Washington County
Land Use and Transportation
Attention: Scott King
155 North First Avenue, Suite 350
TT-11-1---,- A-....... in ')1A
r1U1..W V1 V, va CffiVia 97.2,
Re: Pacific Crest Zone Change
Traffic Generation Comparison
Project Number 294149
Dear Mr. King:
In response to City of Tigard comments regarding the allowed uses in Parcel #3 with the
proposed zone change to General Commercial (C-G), Mackenzie Engineering Incorporated
(NIE1) has reevaluated the maximum trip rates allowed under existing C-P and proposed C-G
zoning. The City proposed a worst-case scenario under the proposed zoning be analyzed which
would include a 2800 st convenience store and a 5600 s.f video store. Under existing zoning,
t-- 1-:..i... n ..e..L t+n»r lr;n manornt;nn fn the 9400 C f building wmilC~ inCI de a 3100 s.f
the lligUCaL X M PI-CLM uv... gene. _-r
Convenience Market and a Motor Vehicles Department Office. The trip rates were found to be
higher under existing C-P zoning than the proposed C-G zoning as shown in the table below.
PM Peak Hour
Trip Generation Estimates - Parcel 93
PM Peak Hour
Zoning Uses
Enter Exit Total
Existing C-P Convenience Market DMV Office 143 143 286
Proposed C-G Convenience Market 124 124 248
Video Store
Higher trip rates would also result from a Day Care Center or a Bank instead of the DIAV office
under C.-P zoning.
Trip generation was estimated utilizing rates published in the Institute of T ranspol -tation Engineers
(ITE) Trip Generation. Fifth Edition and MMI observed rates for a tzdeo store. The ITE rates
N< used include Convenience Market (851), DMV Office (731), Day Care (565), and Walk-In Bank
(911). Calculations for theses scenarios are attached.
;r
F:IWPDATA\95-05\94149\25L1.KC
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S4Vb6 O.Uaa
Project Number 294149
May 25, 1995
Page 2
Eased upon the estimated trip generation rates above, the proposed zone change would not
impact the PM peak hour trips.
If you have any additional questions about the trip generation rates or allowed uses, please call me
at 224-9560.
Sincerely,
4"L,64-V-QI-
Brent Ahrend
Traffic Analyst
BiVkc
Enclosure
c: Ray Valone - City of Tigard
1V11V11GLG1 Y111LLG13ViII - t..16~/ Vl JLLyalu
Dan Boyden - Pacific Crest
Richard Alen - Ball Janik & Novack
F:\WPDATA\95-0"4149\25L1.KC
fh li
Hsi
MACKENZfE/SAITO & ASSOCIATES, P.C.
ARCHITECTURE Pl-,INNING INTERIOFI DESIGN
0690 S.Yl SANCRCFT STREET + PO BOX 69039
PCRTL,AN0. OREGON 972011 .0039 ~ (503) 224-9570 FAX (503) 228.1285
May 25, 1995
City of Tigard
Attentiow Ray Valone
13125 SW Hall Boulevard
Tigard, OR 97223-8199
Re: Pacific Crest
Possible Alternate Uses, Traffic, Impact & Allowable Parking @ Pacific Crest Project
@ SiirScholls Ferry Road & SWNorth Dakota
Project Number 294149 - Revised
Dear Mr. Valone:
In accordance with our recent discussion, you indicated possible traffic concerns regarding possible mined
uses. We indicated that required and provided parking may limit this possibility; we offer the following case
scenarios to supplement previous information:
OPTION CURRENP*ZONE`USIES & RE( RED, PARKING vs PROVIDEFD (R tLciED
REQUIRED PROVIDED
Bank 3,840 sf @ 1:400 = 11 12
Vet 3,575 sf @ 1:300 = 12 12
Mix Use Building (8,400 sf total area) 39
I
Option Al 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 = 14
Commercial w/2 employees @ 1:2 emp = 1
5,600 sf Civic Use (i.e., DMV) @ 1:350 =16
OK
i
Option A2 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 = 14
Commercial w/2 employees @ 1:2 emp = 1
5,600 sf Daycare; 5 spaces + (1) per 9
classroom; assume (4)
OK
Option A3 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 =14
Commercial w/2 employees @ 1:2 emp = 1
5,600 sf Wall:-In Bank @ 1:400 =14
OK
FAWPDATA193-05194149%25LI M
a ,
_ nl
Mr. Ray Valone
Pacific Crest
Project Number 294149
.x, May 25, 1995
Page 2
OP'TI®I~i:1$ :~01~ AGE @ i 1JSE' LQT ~3 (VIDEO 1~1IrdI ~iltT /Sl'IO]PPING ;
RE UMED PROVIDED
Bank 3,840 sf @ 1:400 = 11 12 I
Vet 3,575 sf Qa 1:300 = 12 12
Mix Use Building (8,400 sf Total area) 39
® ®pdon B Revised
Mini-Mart / Shopping Center
(2,800 sf) 1:200+ 14
1:2 emp (if 2 emp) 1
Video (5,600 sf) 1:400+ 14
OK 52 -
As indicated above, the revised scenarios have adequate parking. We have confirmed with Will D'Andrea
(City of Tigard Planning Department) that the DW is an allowed use within the current zoning, and daycare
--A U-1- 1;~#-A
Please note that our client does not have potential tenanis (i.e., Shopping Center, DMV, daycare or second
bank), but these scenarios have been provided to demonstrate possible cases which you have indicated need
review.
Our traffic engineer has discussed report requirements with Scott King at Washington County in accordance
with your direction. We will provide additional traffic information based on the above scenarios which do
comply with City required and provided parking.
If you need further information or have any additional concerns, please contact me.
Sincerely,
r:
li
Dennis R. Woods
v, DRW/ks
c: Scott King - Washington County
Michael Anderson - City of Tigard, Engineering Department
Dan Boyden - Pacific Crest
Richard Allen - Ball Janik & Novack
FA W M AT A\95-05\94149125 L I M
ITE LAND USE VAR RATE ADT AM AM PM PM PM
Eater Exit Enter Exit Total
OPTION Al
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
731 State Mtr Veh Dept KSF 5.6 1165 31 31 68 68 136
- Total 8.4 3231 123 123 143 143 286
OPTION A2
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
65 Day Cara KSF 5.6 444 35 30 35 41 76
Total 8.4 2510 127 122 110 116 226
OPTION A3
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
911 Walk-In Bank KSF 5.6 787 18 10 43 54 97
Total 8.4 2853 110 102 118 129 247
OPTION B
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
Video Store KSF 5.6 49 49 98
Total 8.4 124 124 248
,1
C. 10
1111Q^~x4
1
F
WASHINGTON
- t CO , n
OREGON `7 ~ 11 f q5"
r
June 8. 19?3.5
:day Valone
CZy cf Ttr l rmlwv3ing Department
13125 Sw KID Blvd.
T~.^d OR .97=
Re: aS-vaiaazf lii 9"003 - PACIFIC CREST PARTNERS
'fi r you for the opportunity to revises and comment on this; plain amendnl proposal- As I noted in
my May 16 letter. the County's Interest In this proposal Is lial to Is Impact on SW Sa 6s Ferry
Road. a Cooly major . To review the impact on this facility, the wiry relies an f ndbigs based
on OAR 6so-12-im (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule
"R)-
To address tda TPR requirement. the apples con bloat (MEl) has provided the County with a baf -
analysis (dated June 5th) which identifies the 1m;x $ this proposal would have on the plannied County
transportation system for year 2005. This analyr..is is based on a reasonable worst arse site
development scenario for troth the existing zoning and die proposed) zoning. Specifically. these worst
case scenance are. 1) Exising zoning (CP) _ 28M &L convenience market and a 5300 sJ. Motor
Vehides Dement offlom and 2) Proposed zoning (CG) - 28O s f. convenience market and a 5300
s.E video sig. I note that these square f =ge a only add up to 8100 s.£ and not the S400 &L of space
wztss s~
ass v-d- to dgm Whethw or not thm Irvzogrulty Is skndv a tvp ale ! error or is tho
size. I do not bell the discrepancy Is significant because the dMerence In the extra 3CID s.L should be
propordol higher for each scenario resting In an equivakul relatlvo Impact Wile these worst c3se
scenarios have been disctiissed at length between city and county snit I must rely on the Cilty's
Interpretadw of their code as It relates to reasonable worst development
Awning the a worst rase development scenarios are an accurate reflection of allowed land
g uses for the site, the County finis that the proposed plan amendment will not have a significant effect on
the planned County transportation system. Year 2005 defickwx*m In this am are due to effects of
traft growth based on the cunert lard use system. The analysis shows thl dUs proposal will not
make the planned system any worse than it would be with no plan amendment Therefr?re, the county
has no objeZdons to this plan amendment request
If you ayep-any questions regarding these comments, please cail me at 681.3g61.
fc-nig
Senior Planner
c: Martz Brown
Brent Ahrend
Ceoartment of Land Use and Transportation. Planning Division Phone: -503 / 640-35
55 :Norm First Avenue ^iillsboro. Cregon 97124 FAX* 503 1693-4'
~ q
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' le~l ri •
-7(!►IG5
June 15, 1995
Mr. Ray Valone
Tigard City Hall JUN 2 U jCgS `3
13125 SW Hall Boulevard ►~I
Tigard, OR 97223 E
Dear Mr. Valone;
i am writing you in regards to the proposed zoning change to the
Tigard Comprehensive Plan, file #CPA 95-0002/ZON 95-0003, from
Commercial Professional to General Commercial in the Scholls
Retail Center.
The Scholls Retail Center is located on Scholls Ferry Road and
North Dakota Road with the center adjacent to properties
represented by the Summer Lake Homeowners Association.
Mr. Dan Boyden of Pacific Crest Partners, in charge of this
project, has informed us that the with current zoning the
buildings will be occupied by a Key Bank and Veterinary Hospital.
Tenants for the remaining unoccupied portion of the building have
yet to be determined. Mr. Boyden has informed us that the most
likely occupants of this space will be a Boston Chicken Bar and a
Kinko's Copy Center.
Pacific Crest Partners would like to change the current zoning to
General Commercial in order to lease this space to Hollywood
Video.
A survey was conducted with in our Association. Those members
that chose to respond to our enquiries unanimously supported a
Hollywood Video in lieu of the Boston Chicken and Kinko's Copy
Center combination. The strongest support came from those
families adjacent to the property.
Many reasons were given for peoples preference, some of these are
listed below.
For the Boston Chicken;
1) Surveys show that this food chain draws customers from a
much wider area than the Hollywood Video store. This will
lead to increased traffic in our small community. This is a
problem that already plagues this area as highlighted in
Project Report prepared for the 130th/Winterlake Connection
(June, 1995) and will. be compounded even more by the City
Council's recent vote on the Hawk's Beard to Scholls Ferry
connection.
2) 'A food chain will increase noise, air and detritus pollution
that would disturb the residents nearest the property.
3) The food and waste would attract unwanted insects and
4
r
a
rodents.
4) Potential problems, such as increased vandalism, could
result from the increase in unsupervised adolescents. This
neighborhood already experiences numerous problems as a
result of it's vicinity to Summerlake Park.
The Kinko's Copy Center would be open 24 hours/day. The late
night traffic and noise would be very disruptive to our
residents.
Hollywood Video is a "Family" video store, and does not carry
"Adults Only" type video's. Mr. Boyden has reported to the Home
Owners Association that Hollywood Video is willing to work with
the neighborhood to modify its lighting and sign structure so
that it will not be detrimental to our community. Hollywood
Video has also expressed interest in a 10 year lease.
For these reasons, we see more negative scenarios with the
Boston Chicken/Kinko's combination. Therefore, the Summerlake
Homeowners Association strongly supports Pacific Crest's request
for re-zoning.
We appreciate your taking our comments under consideration when
reviewing this matter. Several of our Board members will be at
the rezoning hearing on the 19th and will be happy to answer any
questions you might have.
Respectfully yo urs,
.y,
Je Dick
Vice President - Summerlake Homeowner's Association
12970 S.W. Glacier Circle
Tigard, OR 97223
CC: City Administrator
City Attorney
City Council
Dan Boyden
~a
CITY OF TIGARD, OREGON
ORDINANCE NO. 86-_.!5:5,
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN
AMENDMENT (CPA 10-86) AND ZONE CHANGE' (ZC 15-86) PROPOSED BY BETHANY
ASSOCIATES.
WHEREAS, the applicant has requested a Comprehensive Plan Amendment from
Commercial Professional to Commercial General and a Zone change for C-P
(Commercial Professional) to C-G (Commercial General); and
!WHEREAS, the Planning Commission reviewed the proposal on October 7, 198'6 and
recommended approval with the addition of a (P-D) Planned Development overlay
zone; and
WHEREAS, a public hearing was held before the City Council on November 3, 1986
to consider the Commission recommendation; and
WHEREAS, based upon the record in this case from the Planning Commission and
City Council hearings, the Council makes the following findings in this matter:
1. Section 18.22.040 of the Tigard community Development Code
establishes detailed standards that are to be used to make a decision
regarding a request to amend the plan and zoning map through a
quasi-judicial procedure. A request for such an amendment must
therefore address these stl&rdla vs as a part of itg aoalicatinn.
These standards include:
a. Statewide Planning Goals
b. Applicable Comprehensive Plan policies 2.1.1, 4.1.1, 5.1.1,
5.1.4, 8.1.3, 8.2.2, 9.1.3 and 12.2
C. Applicable standards of the Community Development Code section
18.30.120.
d. Evidence of:
- a change in the neighborhood or community, or.
- a mistake or inconsistency in the plan or map as relates to
the property
e. Evidence that the change will not adversely affect the health,
safety and welfare of the community.
2. Statewide Planning Goals no longer need to be addressed because the
City Comprehensive Plan has been acknowledged by LCDC.
j.; 3. Comprehensive Plan Policies have been properly addressed in the
following manner:
~n
ORDINANCE NO. 86- GS'
F5~ 1^:` -j- t:
a. Policy 2. i. i is 6 atA s'ed because the Neighborhood Planning
Organization and surrounding property owners were given notice
of the hearing and an opportunity to comment on the applicant's
proposal.
b. Policy 5.1.1 is met because the applicant has shown that a
partial rezoning of the property will more likely be able to
satisfy local market demand and subsequently provide job
opportunities for local residents.
C. Policy 5.1.4 is satisfied because the proposed change will not
enlarge the area presently designated for commercial use and
will. not encroach upon nearby residential area.
d. Policy 8.1.3 will be satisfied as a condition for development of
the site. Before any commercial development occurs, City
approval through the Site Development Review or Condititional
Use process will be required.
e. Policy 8.2.2 is satisfied becausd the site is served by Tri-Met
and bus users will be able to commute to this site.
f. Policy 9.1.3 is met because the change in Plan and zone
designations will better provide for local services that nearby
residents now must leave the immediate area to obtain. This
proposal will help minimize the length of vehicular trips.
g. The applicable Locational Criteria in Section 12.2 of the Plan
have been satisfied. ~
1) A residential zoning district is only adjacent along the
southern boundary of the site.
2) Access
The access traffic analysis presented demonstrates that the
proposed rezoning does not create a traffic safety problem
and that the overall impact upon adjacent streets will be
minimal and the level of service for Scholls Ferry Road,
Sorrento Road, or North Dakota Street will remain unchanged.
':when reviewed in 1985, the traffic signal at Scholls Ferry
Road/Sorrento Road/North Dakota Street had not been
installed and the improvement and widening of Scha•lls Ferry
Road had not been scheduled by the State Highway Division
for 1989. The City Engineering Division and State Highway
viviSiii~ Cviacui i+iAW1 Wle baffle Study with the
understanding that specific access points will be further
evaluated during the Site Development Review or Conditional
Use process.
Direct access to an arterial and collector street is
available.
Public transportation is available on Scholls Ferry Road.
ORDINANCE NO. 86
Page 2
-'1171A J 11R,
• l
3) Site Characteristics
The applicant has shown that the site will accommodate the
uses proposed for the property. However, the Council
shares the concern that was expressed at the hearing
regarding the negative impacts associated with a larger
scale commercial retail development. This concern is
heightened since standard Community Development Code
provisions do not prohibit the use of the remaining area
zoned C-P to be used to satisfy parking and landscaping
requirements for a project occurring on the land to be
zoned C-G. Although this scenario is not intended by the
applicant, the Council finds that it is essential to modify
the request aiw imp--3Q CoMitinns to ensure that
development will occur on the property in the-', manner
proposed.
The property is flat with clear visibility from either
Scholls Ferry Road or North Dakota Street.
4) Impact Assessment
As noted in item 3) above, the scale of the project should
be limited so as to result in commercial development which
is most beneficial to and compatible with nearby
residential neighborhoods. In addition to the limited
scale of the anticipated development on the property, Code
requirements relating to building setbacks, landscaping,
lighting, etc. will be employed during Site Development or
Conditional use review.
4. Evidence: of a change in the neighborhood or community.
The applicant has demonstrated that significant changes have
taken place since 1983. The development noted in the report
® represents a combination of projects that were anticipated by
the Plan (e.g., Meadow Creek Apts) and unforeseen events (e.g.,
Beaverton School District sale of surplus land). These have all
contributed to a change in the demand for commercial services.
5. Evidence of a mistake or inconsistency in the Plan.
The marketing analysis has shown that the demand for
neighborhood professional office services (e.g., physicians,
travel agencies) can be better satisfied with smaller sites in
more locations rather than fewer large sites. These office uses
are permitted in the C-G zone as well and the proposed rezoning
will not prohibit them on the subject property. The analysis
also shows that there is a surplus of land zoned C-P and a
deficit of land zoned C-G. This proposal will help provide
additional commercial needed in the area.
ORDINANCE NO. 86-=
Page 3
fY
1
~ I
I
is rr 'A
T®-29194
SCHO L. L S
0S. W. 12.89 300
1f ~o 7.93 QC.
401 Afta
j, C' 5.59 lc.
t] ® r_
. a o N
A e.
T- mmm*
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CY f
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SEE MAP i•
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1$ 1 33A D
w "•.47:9 i i-..
Yy 4, 40.1 o J e-f 0 6 4r. i i
6. Evidence that the change will not adversely affect the health, safety
arri welfare of the community.
The traffic impact on this proposal will be minimal and coupled
with the site and street improvements that will be required in
conjunction with the development, no adverse impacts are
anticipated.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The proposal is consistent with all relevant criteria as I
discussed above.
No=
Section 2: The City Council upholds the recommendations of the Planning
staff and Planning Commission with the following modifications
and conditions:
a. The eastern 2.9 acres of the site shall be redesignated for
Commercial General development in the Comprehensive Plan
and C-G (Commercial General) on the Zoning Map. The
northwest corner containing 1.0 acre will be redesignated
for Commercial Neighborhood development in the
Comprehensive Plan and C-N (Commercial Neighborhood) on the
Zoning Map. This amendment is illustrated in Exhibit "A"
(map)
b. Commercial development occurring within a zoning district ~
shall not utilize space outside of the respective zone to
satisfy parking or landscaping requirements prescribed by
the Community Development Code.
Section 3: This ordinance shall be effective on and after the 31st day
after its passage by Council, and approval by the Mayor.
PASSED: By (Ahc4Ah;MocA_, vote of all Council members present -after
being read by number and title only, this day
of ~J60eoyrd6~~ 1986.
Loreen R. Wilson, Acting City Recorder
APPROVED: This day of 1986.
h-E. Cook, Mayor
cn/165
ORDINANCE NO. 86-
Page 9
III~, Jill, I,
t
mom,
Se +a 7
AGENDA ITEM #
For Agenda of July 11, 1995
CITY OF TIGA..RD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Budget Adjustment for funding of Affairs of the Art.
PREPARED BY: Wayne DEPT HEAD OK I' CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Shall the Tigard City Council approve funding the request of $500 for Affairs
of the Art and approve the appropriation of contingency in the general fund.
STAFF RECOMMENDATION
If the Council wishes to approve this funding request, staff recommends
approving the attached resolution to properly adjust the 1995/96 budget.
INFORMATION SUMMARY
Representatives of the Affairs of the Art attended the hearing on the 1995/96
budget on June 13, 1995. At that time they presented their request for $500
from the City to pay for the advertising of their event. After some
discussion, the Council asked that appropriate information be submitted to
evidence the request.
he requested information is attached for council consideration.
Also attached is a resolution that appropriates contingency in the General
Fund in the amount of $500. If the Council decides to grant the request, the
resolution should be adopted to properly adjust the budget.
If approved, funding available for Arts and events will increase from the
budget committee approved amount of $21,150 to $21,650.
OTHER ALTERNATIVES CONSIDERED
Approve the request.
Disapprove.
FISCAL NOTES
Approval of the request will result in the reduction of General Fund
Contingency from $300,000 to $299,500.
j! A
CITY OF TIGARD, OREGON
RESOLUTION NO. $5-_
A RESOLUTION APPROPRIATING CONTINGENCY IN THE GENERAL FUND IN THE AMOUNT OF $500 FOR AFFAIRS OF THE ART
S, the Affairs of the Art group submitted a request for funding in
the amount of $500 to fund the cost of publicity, for their even, and
WHEREAS, the Tigard City Council has decided to fund the request which
s was not included in the 1995/96 adopted,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that.
Section 1: Contingency is appropriated in the general fund in the
amount of $500 in the Community Services Program.
'a
PASSED: This day of , 1995.
Mayor - City of Tigard
LI'IVVITTl.141.
City Recorder - City of Tigard
h:\laflin\cathy\orts.res
RESOLUTION NO. 95-
Page I
r
.7T
f
June 13, 1995
TO: TIGARD CITY COUNCIL
Affairs of the Art was conceived to satisfy a need for local artists who need a
foment for their art which is unjuriW.
Lake Oswego has an art show, as does West Lynn, but both have become so
popular and big that the struggling artist is overwhelmed and lost because of
their size. Those who wish to visit an art show find it difficult to get to these
shows because of distance, parking, etc.
Last year was the first show. It was small, but very successful. 40 artists
show Cad 105 framed pieces of a i and sculpture. We rece:.'ed conseuer sable
praise for the show because of the size and the professional way the art was
hung. For the first year, we were very fortunate to have about three hundred
people attend the show.
Quite a few pieces were sold. Proceeds were used to help defray expenses such
as ribbons, standards to hang art, banners and some advertising. A portion
was donated to the Arts Commission of Tigard, Tualatin and Sherwood as they
were our volunteer group.
we haQ a very deQiC$Led group of people ue11pii9g us grove is vii °auw pivja° & ""%aa c
considerable amount of in-kind donations were made by various businesses, i.e.
printing of the poster, catering, lumber, painting, plants, etc.
There is no admission and students at all three high school are invited to hang
art for free.
We will award ribbons in six categories: Water Color; Oils; Acrylic; Mixed
Media; Photography; and Sculpture.
What we lacked was getting the word out to the public that we were a
"happening" to enjoy. People just didn't know we were there. We need
additional funding to cover advertising, postage and printing. We heard many
comments after the fact that people would have liked to have attended but
hadn't seen any publicity about the event.
We are asking the Council to approve a request of $500 to help us do an
adequate job of advertising the event. All monies received from the City will be
dedicated to publicity for the event.
1: 112 11111 SIR
iryONI ge t:: grow to -n »r t and --s-c- all at aC.•ook pz&ec, p053oiDey
housed in a lame tent. We also could {possibly see it in conjunction with Music
In The Park.
The 1995 Affairs of the Art will be held the third weekend of August in the
Tigard High Scheol Commons. This is timed to coincide with Tigard Country
Daze.
Reslaectful6y submitted.
Ron & Emily Bohart
r
t
AFFAIRS OF THE ART $94 ACCOUNTING
INCOME
Sponsorships
ACCTS $150.00
vaic saran 250.00
FM B&B Litho Printing 150.00
$550.00
Art Sales 759.00
Posters 400.00
Registrations 450.00
TOTAL $2,159.00
EXPENSES
Hall Rental 100.00
Postage 115.30
Poster Printing 250.00
Art Sales 569.25
Ribbons 2 7 . 3 9
Framing 50.00
misc 25.00
TOTAL $1,136.94
NET PROFIT $1022.06
RETAINED FOR AFFAIRS OF THE ART °95 400.00
PROCEEDS TO ACCTS $ 622.06
x
MIAMI!
P
ME Q,
iV ACKENZIE ENGINEERING INCORPORATED
CIVIL • STRUCTURAL a SURVEYING a TRANSPORTATION
0690 SW BANCRCF S T REE - ?0. SCX 69039
?CRiLANO. OREGCN 977-()7 39 " !~A3i 22=-5'x`.0 - ~s>X 5031 o3a.t2?S
U
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May 2s,1995 ~1 AY 2 6 1995
G1TY` OF. TIGARD
Washington County
Land Use and Transportation
Attention: Scott King
155 North First Avenue, Suite 350
Hillsboro, Oregon 911214
Pw: Pam 4;r Crest Zane Change
Traffic Generation Comparison
Project Dumber 294149
Dear Mr. Icing:
In response to City of Tigard comments regarding the allowed uses in Parcel 93 with the
proposed zone change to General Commercial (C-G), Mackenzie Engineering Incorporated
(1VEEI) has reevaluated the maximum trip gates allowed under e:dsting C-P and proposed C-G
zoning. The City proposed a worst-case scenario under the proposed zoning be analyzed which
would iriclude a 2500 s.f convenience store and a 5600 s.f video store. Under existing zoning,
the highest PM peak hour trip generation for the 8400 s.f building would include a 3100 s.f.
Convenience Market and a Motor Vehicles Department Office. The trip rates were found to be
higher under a fisting C-P zoning than the proposed C-G zoning as shown in the table below.
PM Peak Hour
Trio Generation Estimates -Parcel 93
PM Peak Hour
Zoning Uses
Enter Exit 'T'otal
Existing C-P Convenience Market 143 143 286
DMV Office
Proposed C-G Convenience Market 124. 124 243
Video Store
~u
h Higher trip rates would also result from a Day Care Center or a Bank instead of the DhfV office
under C-P zoning.
ry' Trip generation was estimated utilizing rates published in the Institute of Transportation Engineers
(ITE) Tnp Generation. Fifth Edition and MEI observed rates for a video store. The ITE rates
used include Convenience Market (351), DlvfV Office (731), Day Care (565), and Walls-In Bank
(911). Calculations for theses scenarios are attached.
F*%WPDATA`95-G5\94149%=Li.KC
Tr1p Generati®n
ITE LAND USE VAR RATE AOT AM Albs PM PM PM
Enter Exit Enter Exit Total
OPTION Al
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
731 State Mtr Vets Dept KSF 5.6 1165 31 31 68 68 136 =
Total 8.4 3231 123 123 143 143 286
OPTION A2
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
565 Day Care KSF 5.6 444 35 30 35 41 76
Total 8.4 2510 127 122 110 116 226
OPTION A3
851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150
911 Walk-In Bank KSF 5.6 787 18 10 43 54 97
Total 8.4 2853 110 102 118 129 247
OPTION 8
851 Conv. Mkt. 241 KSF 2.8 2066 92 92 75 75 150
° Video Store KSF 5.6 49 49 98
Total 8.4 124 124 248
1 _A
~ti
FIN
Traffic Smithy
Professional Traffic Counting Service
1225 N.W. Murray Blvd., Suite 111 Voice (503) 641-6333
Portland, Oregon 97229-5552 Fax (503) 643-8866
Dan Spriggez
Showcase Moter Company
180 W 1 st Street
Dundee, OR 97115
RE: Hollywood Video Store- Trip generation Survey
Dan:
At your request we conducted a series of 5, 2 hour trip generation survey at the Pacific
Highway Hollywood Video in the City of Tigard. The following is a summary of these surveys:
June 23, 1995 (Friday)
16:00-17:00 100 trips/hour
17:00-18:00 142 tripsthour
June 24, 1995 (Saturday)
16:00-17:00 142 trips/hour
17:00-18:00 160 trips/hour
July 1, 1995 (Saturday)
16:00-17:00 128 trips/hour
17:00-18:00 190 trips/hour
July 2, 1995 (Sunday)
16:00-17:00 184 trips/hour
17:00-18:00 174 trips/hour
July 3, 1995 (Monday)
16:00-17:00 155 trips/hour
17:00-18:00 201 trips/hour
The maximum trip generation rate was calculated at 37.6 trips/1,000 square feet gross
leasable area. This is base on a your measurement of Hollywood Video' gross leasable area of
5,400 square feet.
It is my understanding that your proposed video rental business would be 8,400 square
feet. A reasonable estimate for trip generation for this site would 320 trips/hour.
If you have any questions, please call.
rely
F FI SM HY
Robert Ke ch, P.E.
Engineering Support
INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT
HOLLYWOOD VIDEO STORE ACCESS AT PACIFIC HIGEMY
Trv A = 06 P=O. nA•T•E OF COUNT: 06/23/95
N I0 DAY OF WEEK: Fri.
T 0 0 0 TIME STARTED: 16:00
TIME ENDED: 18:00
H 4-73 sJ L> '.4-73
I
0 ~ LO _
T= 0% 71 .4-73 T Oo
-73
P=.887 P=.701
0 TEV=TOTAI1 ENTRY VOLUME
® ~0 T=%TRUCKS BY APPROACH
-41 I f~ P=PHF BY APPROACH
71 71
I p 0 0 Peak,
0 ® 7:50 Traffic Smithy
:50-1
T= 0* P=O. IO TEV=144 Traffic Survey Service
EAST BOUND SGU A BOUND NORTH BOUND WEST BOUND
FROM - TOIOD J ®J I ®l I f-°' AT'T'
p vT' $
114 16:00-16:05 0 3 0 0 0 0 0 0 0 0 0 0 3
16:05-16:10 0 1 0 0 0 0 0 0 0 0 4 0 5
16:10-16:15 0 4 0 0 0 0 0 0 0 0 1 0 5
16:15-16:20 0 6 0 0 0 0 0 0 0 0 6 0 12
16:20-16:25 0 6 0 0 0 0 0 0 0 0 4 1 11
16:25-16:30 0 3 0 0 0 0 0 0 0 0 2 0 5
16:30-16:35 0 7 0 0 0 0 0 0 0 0 1 0 8
16:35-16:40 0 2 0 0 0 0 0 0 0 0 8 0 10
16:40-16:45 0 3 0 0 0 0 0 0 0 0 6 0 9
16:45--16:50 0 5 0 0 0 0 0 0 0 0 3 0 8
16:50-16:55 0 5 0 0 0 0 0 0 0 0 6 0 11
16:55-17:00 0 7 0 0 0 0 0 0 0 0 6 0 13
17:00-17:05 0 4 0 0 0 0 0 0 0 0 4 0 8
17:05-17:10 0 4 0 0 0 0 0 0 0 0 2 0 6
17:10-17:15 0 9 0 0 0 0 0 0 0 0 7 0 16
17:15-17:20 u 4 0 ^v 0 0 0 0 0 0 6 0 10
17:20-17425 0 6 0 0 0 0 0 0 0 0 10 0 16
17:25-17:30 0 9 0 0 0 0 0 0 0 0 1 0 10
17:30-17:35 0 5 0 0 0 0 0 0 0 0 9 0 14
17:35-17:40 0 4 0 0 0 0 0 0 0 0 7 0 11
17:40-17:45 0 7 0 0 0 0 0 0 0 0 10 0 17
17:45-17:50 0 7 0 0 0 0 0 0 0 0 5 0 12
17:50-17:55 0 6 0 0 0 0 0 0 0 0 4 0 10
17:55-18:00 0 7 0 0 0 0 0 0 0 0 5 0 12
Total Survey 0 124 0 0 0 0 0 0 0 0 117 1 242
PHF 0 .89 0 0 0 0 0 0 0 .7 0 .857
Trucks 0 0 ( 0 0 0 0 0 0 0 0 0 0
Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0
Peds 0 0- 0 0 0 0 0 0 0 0 0 0
Hourly Totals
16:00-17:00 0 52 0 0 0 0 0 0 0 0 47 1 100
16:15-17:15 0 6i 0 0 0 0 0 0 0 0 55 1 117
0 16:30-17:30 0 65 0 0 0 0 0 0 0 0 60 0 125
16:45-17:45 0 59 0 0 0 0 0 0. 0 0 71 0 140
17:00-18:00 0 72 ' 0 0 0 0 0 0, 0 0 70 0 142
7' ;OAVWI-
6,bUt3"~CIFI~' 06/24/95
T MOVAg Aa Pp' OF CpUi`1`~Sa600
ION I?F~ DA WEEK- • 1
I)M
IOLL`ppp 854.
SE,D : 18 , p 0
T= 0~ P-• 1 TTIIIMJSE
85
S 82 0 ®r-p
81
LIP.
Off, 4y A6+-0 T- Qo _TOTAL ERp,~pP A
pg
T ® p. TRUCKS Z~p
0 OK
H ~-1 ! t- 0 P= p,PY p,Y tl:l T- 0% 0 Trafy S Y Se'xvyce
pro • 0 0 ~r pe 6:65 :25a£f5T UC' A~
0 A. TEV 1 w iT } 1 45...- ALe .
s5 ~ s5 Lscl
o p~ , 85 rO~~ 0
0
~g1 T- vOT~ p ~+r d1 ' 104 p 0 0 14
0 Q 0 9
Ow , 0 0 4 0 o Q 0 1?
T P~Td D p 0 0 $ 0 0 3 0 0 -16
0 0 0 1 3
viol Q 0 0 0 3 0 0 11 0 0 0 0 1j5
Op-16.ti0 0 0 Q 0 17 , 6 0 0 0 0 0 0 12
16=05`- 6':15 0 0 0 0 8 0 0 5 0 p 0 Q 9
16;10-16;20 .0 0 0 p 5 0' 0 8 0 0 p 0 13
16:15`16;25 0 0 0 0 0 p 0 p 0 19
16:20-16;30 Q 0 0 p 10 0 0 5 0 0 p 0 11
16;25`16;35 0 0 0 6 0 0 0 p 0 y5
16;30-16;40 0 p 0 0 '7 0 0 11 0 0 0 0 11
16 :40- y8 : 50 0 0 0 0 6 0 0 10 0 0 0 0 12
16 50-16 55 0 0 0 0 117 0 0 1 0 0 Q 0 15
16.55` -1'7. 00 05 0 0 0 0 5 0 0 11 0 0 0 0 i2
y7 1,7:15 0 0 0 0 9 0 0 10 0 0 0 0
`1, s 25 0 ° 0 0 8 0 0 0 0 0
4 6
p 0 0
1.25_17.35 0 p 0 o 0 0 0 106 0 0 1
: .4 : 30-11 • 4
1`I 0 0
1? 5 Q 0 6
1,77 . 177 * 17°_ -1? : 55 0 0 Q
1~ -.45 50-1~ " 00
17 55-18:
0 0 3853
t = 0
y p
1 0 185 Q Q 0
0
0 0 25 ~80 0 0 1 0 0 0 153
0 0 rkt 0 0 0 0 p 0 0 j61
0
w gveY ° 0
p Q 0 16'7
Q 0
T ,;cKe eS 0 0" 0 0 0 0 19 0 0 0 0 160
T~ d g-a 0 '71 0 Q 81 0 0
gto 0 0 0 1 9 0 0 8 9 0
I:P f
Pec,
Totals 0 0 0 1 81 0 0.
7
Ho OoY17' p 5 0 0 0 1 80
16;15`1?-30 0 0 0
wt; 16;30`17 ";45 0 -11
1 -45- S.00
{
INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT
HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY
m T= 0% P=O.
N ~0 m DATE OF COUNT: 07/01/95
0 10 DAY OF WEEK: Sat
0 0 0 TIME STARTED: 16:00
T TIME ENDED: 18:00
H 4-91 ®J I L~ 4-91
0 t0
T= .6% T= Ot
99 -r ®-91
P=.853 P=.710
0 0 TEV=TOTAL ENTRY VOLUME
m T=%TRUCKS BY APPROACH
1 ~y P=PHF BY APPROACH
99 e1 99
-d
~ 0 0 0 Peak
0 A 17:0H0-18:00 Traffic Smithy
T= 0% P=O. 10 TEV=190 Traffic Survey Service
rw w,-. EAST BOUND SOUTH BOUND NORTH? BOUND WEST BOUND
miir e PERIOD ® s m
FROM - TO i .j L® L ALL
0L.r j,-1
16:00-16:05 0 5 0 0 0 0 0 0 0 0 2 0 7
16:05-16:10 0 3 0 0 0 0 0 0 0 0 5 0 8
16:10-16:15 0 2 0 0 0 0 0 0 0 0 7 0 9
16:15-16:20 0 6 0 0 0 0 0 0 0 0 3 0 9
16:20-16:25 0 9 0 0 0 0 0 0 0 0 3 0 12
16:25-16:30 0 2 0 0 0 0 0 0 0 0 8 0 10
16:30-16:35 0 10 0 0 0 0 0 0 0 0 6 0 16
16:35-16:40 0 6 0 0 0 0 0 0 0 0 7 0 13
16:40-16:45 0 5 0 0 0 0 0 0 0 0 6 0 11
16:45-16:50 0 4 0 0 0 0 0 0 0 0 4 0 8
16:50-16:55 0 5 0 0 0 0 0 0 0 0 11 0 16
16:55-17:00 0 4 0 0 0 0 0 0 0 0 5 0 9
17:00-17:05 0 12 0 0 0 0 0 0 0 0 7 0 19
17:05-17:10 0 7 0 0 0 0 0 0 0 0 9 0 16
17:10-17:15 0 6 0 0 0 0 0 0 0 0 4 0 10
17:15-17:20 0 4 0 0 0 0 0 0 0 0 3 0 7
17:20-17:25 0 9 0 0 0 0 0 0 0 0 14 0 23
17:25-.17:30 0 7 0 0 0 0 0 0 0 0 5 0 12
17:30-17:35 0 9 0 0 0 0 0 0 0 0 6 0 15
17:35-17:40 0 10 0 0 0 0 0 0 0 0 6 0 16
17:40-17:45 0 6 0 0 0 0 0 0 0 0 12 0 18
17:45-17:50 0 6 0 0 0 0 0 0 0 0 14 0 20
17:50-17:55 0 9 0 0 0 0 0 0 0 0 4 0 13
17:55-18:00 0 14 0 0 0 0 0 0 0 0 7 0 21
Total Survey 0 160 0 0 0 0 0 0 0 0 158 0 318
PHF 0 .85 0 0 0 0 0 0 0 0 .71 0 .879
Trucks 0 .6 0 0 0 0 0 0 0 0 0 0 .3
® Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0
Peds 0 0 0 0 0 0 0 0 0 0 0 0
Hourly Totals
16:00-17:00 0 61 0 0 0 0 0 0 0 0 67 0 128
16:15-17:15 0 76 0 0 0 0 0 0 0 0 73 0 149
16:30-17:30 0 79 0 0 0 0 0 0 0 0 81 0 160
16:45-17:45 0 83 0 0 0 0 0 0 0 0 86 0 169
17:00-18:00 0 99 0 0 0 0 0 0 0 0 91 0 190
Ve
4s ) ~ eG.'i i,h
f _ Eac
INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT
HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY
A T= 0% P=O.
N ~0 ® DATE OF COUNT: 07/02/95
O 10 DAY OF WEEK: Sun.
R 0 0 0 TIME STARTED: 16:00
T TIME ENDED: 18:00
H.4-8 9 L► 4-89
0 L0
T= 0°s T= 0%
99 -a d-89
P=.798 P=.674
0 -0 TEV=TOTAL ENTRY VOLUME
A T=°;TRUCKS BY APPROACH
r® P=PHF BY APPROACH
99 41 I 99
0 0 0 Peak Hour
!0 + 16:05-17:05 IlTraffic Traffic Smithy
d T= 0% P=O. 0 TEV=188 Survey Service
EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND
TIME FROM PETT'OIOD a -p J .4 1 y L ALL
ear r
16:00-16:05 0 10 0 0 0 0 0 0 0 0 7 0 17
16:05-16:10 0 5 0 0 0 0 0 0 0 0 9 0 14
16:10-16:15 0 10 0 0 0 0 0 0 0 0 3 0 13
16:15-16:20 0 9 0 0 0 0 0 0 0 0 7 0 16
16:20-16:25 0 11 0 0 0 0 0 0 0 0 13 0 24
16:25-16:30 0 6 0 0 0 0 0 0 0 0 6 0 12
16:30-16:35 0 9 0 0 0 0 0 0 0 0 14 0 23
16:35-16:40 0 13 0 0 0 0 0 0 0 0 5 0 18
16:40-16:45 0 9 0 0 0 0 0 0 0 0 8 0 17
16:45-16:50 0 6 0 0 0 0 0 0 0 0 6 0 12
16:50-16:55 0 5 0 0 0 0 0 0 0 0 3 0 8
16:55-17:00 0 5 0 0 0 0 0 0 0 0 5 0 10
17:00-17:05 0 11 0 0 0 0 0 0 0 0 10 0 21
17:05-17:10 0 3 0 0 0 0 0 0 0 0 8 0 11
17:10-17:15 0 8 0 0 0 0 0 0 0 0 4 0 12
17:15-17:20 0 8 0 0 0 0 0 0 0 0 10 0 18
17:20-17:25 0 11 0 0 0 0 0 0 0 0 10 0 21
17:25-17:30 0 11 0 0 0 0 0 0 0 0 5 0. 16
17:30-17:35 0 8 0 0 0 0 0 0 0 0 9 0 17
17:35-17:40 0 4 0 0 0 0 0 0 0 0 8 0 12
17:40-17:45 0 4 0 0 0 0 0 0 0 0 2 0 6
17:45-17:50 0 8 0 0 0 0 0 0 0 0 4 0 12
17:50-17:55 0 5 0 0 0 0 0 0 0 0 7 0 13
17:55-18:00 0 5 0 0 0 0 0 0 0 0 10 0 15
cy
?y, Total Survey 0 185 0 0 0 0 0 0 0 0 173 0 358
PHF 0 .8 0 0 0 0 0 0 0 0 .67 0 .796
Trucks 0 0 0 0 0 0 0 0 0 0 0 0 0
110 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0
x Peds 0 0 0 0 0 0 0 0 0 0 0 0
Hourly Totals
16:00-17:00 0 98 0 0 0 0 0 0 0 0 86 0 184
16:15-17:15 0 95 0 0 0 0 0 0 0 0 89 0 184
16:30-17:30 0 99 0 0 0 0 0 0 0 0 88 0 187
16:45-17:45 0 84 0 0 0 0 0 0 0 0 80 0 164
17:00-18:00 0 87 0 0 0 0 0 0 0 0 87 0 174
INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT
HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY
N A 0 T= 0% P=O.
® DATE OF COUNT: 07%03/95
1
O O1 DAY OF WEEK: Mon
F17 R 0
~I 0 0 f TIME STARTED: 16:00
H ~-9 9 .41 Lb 4--10 0 TIME ENDED : 18:00
0 J Li T= 0
T= Oo
103 -0- 4-99
P=.804 P=.892
0 0 TEV=TOTAL ENTRY VOLUME
® T=?6TRUCKS BY APPROACH
i ® P=PHF BY APPROACH
103 0 0 0 103 -`Peak Hour
10 A 16:55-17:55 Traffic Smithy
® T= 0% P=O. 10 TEV=203 Traffic Survey Service
TIME PF!T7TQTI FAST BOUND a SOUTH BOUND NORTH BOUND WEST BOUND
A
FROM - TO a .T 41 i L® a'1 r°' f .4- t
ALL
O VT 4
16:00-16:05 0 8 0 0 0 0 0 0 0 0 4 0 12
16:05-16:10 0 5 0 0 0 0 0 0 0 0 5 0 10
16:10-16:15 0 5 0 0 0 0 0 0 0 0 9 0 14
16:15-16:20 0 4 0 0 0 0 0 0 0 0 3 0 7
16:20-16:25 0 7 0 0 0 0 0 0 0 0 8 0 15
16:25-16:30 0 5 0 0 0 0 0 0 0 0 5 0 10
16:30-16:35 0 6 0 0 0 0 0 0 0 0 4 1 11
16:35-16:40 0 5 0 0 0 0 0 0 0 0 6 0 11
16:40-16:45 0 6 0 0 0 0 0 0 0 0 6 0 12
16:45-16:50 0 5 0 0 0 0 0 0 0 0 10 0 15
16:50-16:55 0 10 0 0 0 0 0 0 0 0 8 0 18
16:55-17:00 0 8 0 0 0 0 0 0 0 0 12 0 20
17:00-17:05 0 12 0 0 0 0 0 0 0 0 7 0 19
17:05-17:10 0 4 0 0 0 0 0 0 0 0 8 0 12
17:10-17:15 0 7 0 0 0 0 0 0 0 0 9 0 16
17:15-17:20 0 10 0 0 0 0 0 0 0 0 6 0 16
17:20-17:25 0 10 0 0 0 0 0 0 0 0 8 1 19
17:25-17:30 0 9 0 0 0 0 0 0 0 0 5 0 14
17:30-17:35 0 6 0 0 0 0 0 0 0 0 8 0 14
17:35-17:40 0 5 0 0 0 0 0 0 0 0 8 0 13
17:40-17:45 0 10 0 0 0 0 0 0 0 0 8 0 18
17:45-17:50 0 10 0 0 0 0 0 0 0 0 9 0 19
17:50-17:55 0 12 0 0 0 0 0 0 0 0 11 0 23
17:55-18:00 0 10 0 0 0 0 0 0 0 0 8 ..0 18
Total Survey 0 179 0 0 0 0 0 0 0 0 175 2 356
PHF 0 .8 0 0 0 0 0 0 0 0 .88 .25 .845
Trucks 0 0 0 0 0 0 0 0 0 0 0 0 0
Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0
Peds 0 0 0 0 0 0 0 0 0 0 0 0
Hourly Totals
16:00-17:00 0 74 0 0 0 0 0 0 0 0 80 1 155
16:15-17:15 0 79 0 0 0 0 0 0 0 0 86 1 166
16:30-17:30 0 92 0 0 0 0 0 0 0 0 89 2 183
16:45-17:45 0 96 0 0 0 0 0 0 0 0 97 1 194
17:00-18:00 0 105 0 0 0 0 0 0 0 0 95 1 201
3.
R
and ~In[
,dos f
ipo
noil
'50(l
qa3 net
ont
t '
St
0s
S~.
0 lot
ea
ti -
er®J -s G'
i
ApRkcantla Proposed Deed Restriction
_Z e r `z6tN
Comprehensive Plan Kap Amendment (CPA) 95-002/ r 95-
003
The Planning Commission expressed concern about the range of uses
allowed in the general commercial zone. In particular, Planning
commission members were concerned that if a lease to Hollywood
Video fell through, or proved to be illusory, the entire 5,000+
square feet (once zoned C-G) could be used for fast food
franchises or other uses that seemed to be undesirable to the
neighbors.
The applicant understands the Planning Commission'' concern, and
proposes to address it through a voluntary deed restriction on
the portion of the property that would be zoned C-G. The deed
restriction would limit "eating and drinking establishments" with
drive-in service to a maximum of 3166 square feet, the amount
currently allowed as of right under the C-•P zone. In addition,
the following uses (allowed outright or as conditional uses in
the C-G'zone) would be prohibited altogether:
1. Automotive and equipment uses
2. Vehicle fuel sales
3. Fuel tank
4. Transient lodging
5. Adult entertainment
6. Spectator sports and entertainment facilities
The deed restriction would provide that it could not be removed
except upon approval from the Tigard City Council or other
appropriate body under the TCDC.
Proposed language:
"The following restrictions are imposed as a condition of
approval of Comprehensive Plan Map Amendment (CPA) 95-
002/Variance (VAR) 95-003, and shall not be altered or removed
except with the approval of the Tigard City Council or such other
body as may be authorized under the Tigard Community Development
Code to modify the conditions of approval of a comprehensive plan
map amendment and zone change:
1. No more than 3166 gross square feet of the building on
Lot 3 may be used for Eating and Drinking
Establishments (as defined in the Tigard Community
Development Code in effect on [date map amendment
decision becomes final]) having drive-in service.
] 0061750.01
y
]t g
2. The following uses, as defined in the Tigard Community
Development Code in effect on [date map amendment
decision becomes final] are prohibited on Lot 3:
a. Automotive and equipment uses
b. Vehicle fuel sales
c. Fuel tank
d. Transient lodging
e. Adult entertainment
f. Spectator sports and entertainment facilities'
ONE
F,>
2 0061750.01
1995 PROJECTED AFFAIRS OF THE ART BUDGET
'INCOME
Corporate Sponsorship $ 400.00
City of Tigard Sponsorship $ 500.00
Sale of fosters $ 400.00
Sale of Art $1,000.00
Registrations $ 600.00
Total $2,900.00
EXPENSES
Art Sold $ 750.00
Ribbons, prizes, etc. 50.00
Postage 200.00
Framing 50.00
Misc 50.00
Advertising, publicity (ads and signage) 700.00
Donation and retention for neat year 11100.00
Total $2,900.00
z
a
5 .
AFFAIRS OF THE ART
1994 IN KIND DONATIONS
Theme Print Resign Ron Bohart Advertising
Signs Sign Graphics
Superior Signs
Catering Bergmann's Restaurant
Grounds Coffee World
Framing Schuck Hausman Fine
Picture Framing
Facilities St. Anthony's Church
One day free set up
Printing Insty Prints
Vehicles Inez Building Supply
Lumber for panels Elmo Studd Lumber
Painting of Panels Balzer Painting
1995 INJUNID DONATIONS - Additional
Space for show Tigard High School
Additional Lumber Tualatin Valley Builder Supply
Poster Printing B & B Litho Printing
Theme Print Design Airi Foote (artist)
Printing Lazerquick
Andrew's Nursery Plants for show
4f
G
f y
'N
C 7
+'J
June 13, 1995
TO: TIGARD CITY COUNCIL
Affairs of the Art was conceived to satisfy a need for local artists who need a
forum for their art which is unjuried.
Lake Oswego has an art show, as does West Lynn, but both have become so
popular and big that the struggling artist is overwhelmed and lost because of
their size. Those who wish to visit an art show find it difficult to get to these
shows because of distance, parking, etc.
Last year was the first show. It was small, but very successful. 40 artists
showed 105 framed pieces of art and sculpture. We received considerable
praise for th ° 4how because of the size and the professional way the art was
hung. For the first year, we were very fortunate to have about three hundred
people attend the show.
Quite a few pieces were sold. Proceeds were used to help defray expenses such
as ribbons, standards to bang art, banners and some advertising. A portion
was donated to the Arts Commission of Tigard, Tualatin and Sherwood as they
were our volunteer group.
We had a very dedicated group of people helping us work on this project and a
®donations were made by 'olaritbns businesses, i.e.
wv.a: aYCaaeaaaeC ~e ma
printing of the poster, catering, lumber, painting, plants, etc.
There is no admission and students at all three high school are invited to hang
art for free.
We will award ribbons in six categories: Water Color; Oils; Acrylic; Fixed
Media; Photography; and Sculpture.
What we lacked was getting the word out to the public that we were a
"happening" to enjoy. People just didn't know we were there. We need
additional funding to cover advertising, postage and printing. We heard many
comments after the fact that people would have liked to have attended but
hadn't seen any publicity about the event.
We are asking the Council to approve a request of $500 to help us do an
adequate job of advertising the event. All monies received from the City will be
dedicated to publicity for the event.
MEN=
155111:~ MAN
112111 iq; MET:
1
Our ve-year goal is to grow to an art and music festival at Cook Park, possibly
housed in a large tent. We also could possibly see it in conjunction with Music
In The Park.
Boom
The 1995 Affairs of the Art will be held the third weekend of August in the
Tigard Hig4 School Commons. This is tinned to coincide with Tigard Country
Thee.
Respectfully submitted.
Ron & Emily Bohart
fn
;T.
IN F
r. ~1
AFFAIRS OF THE ART 194 ACCOUNTING -
INCOME
Sponsorships
ACCTS $150.00
Wiest one Bank 250.00
B&B Litho Printing .150.00
$550.00
Art Sales 759.00
Posters 400.00
Registrations 450.00
TOTAL $2,159.00
EXPENSES
Hall Rental 100.00
Postage 1.15.30
Poster Printing 250.00
Art Sales 569.25
Ribbons 27=39
Framing 50.00
Misc 25.00
TOTAL $1,136.94
NET PROFIT $1022.06
RETAINED FOR AFFAIRS OF THE ART °95 400.00
PROCEEDS TO ACCTS $ 622.06
AGENDA ITEM #
For Agenda of -7 /it I q5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE,/AGENDA TITLE Severe Weather Shelter Update
PREPARED BY: -DELI' HEAD OI< CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Is the Tigard Mater Building suitable for use as a severe weather shelter in the Winter of 1985-96T
Should changes be made?
STAFF RECOMMENDATION
Council should review the year-end results of the first year of operation of the severe weather shelter
and consider improvements for the coming year.
INFORMATION SUMMARY
Last year Council created a Homeless Task Force which recommended that a severe weather shelter
be opened in Tigard. The Tigard Water Building was opened for this use in December and operated
for 71 evenings through April, 1995. 189 individuals received services provided by Interfaith Outreach
Services.
It is now time to access the pros and cons of operating the shelter at the Water Building. Other options
are available. In addition, the idea of a regional shelter has been discussed. A progress report will be
given on the regional effort.
QTrtiER ALTERNATIVES CONSIDERED
Do not allow use of a City facility for a severe weather shelter in 1995-96
FISCAL NOTES
r.r
None.
\1ogin\jo\sewWier.sum
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t
F.r
.z
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
- - FROM: William A. Monahan, City Administrator
DATE: July 3, 1995
El I
SUBJECT: Severe Weather Shelter - Interfaith Outreach Services
Interfaith Outreach Services (IOS) Executive Director I im Brown will be present at our
July 11, 1995 Study Session to discuss the operation of the severe weather shelter during
the past winter. We will discuss the following, as well as any other issues Council has:
1. Flow the Water Building functioned as a shelter.
2. Year-end statistics - who was served.
3. Concerns to be considered before the Winter of 1995-98.
4. Should the shelter be operated at either the Water Building or the Senior
Center next Winter?
5. Summer issues.
Flow The Water Building Functioned As A Shelter - Staff met with Wm and the shelter
operator. Generally, staff and Interfaith Outreach agreed that the facility was suitable for
a shelter. It was easy for clients to find and access (close to public transit, centrally
located), and easy for IOS to give directions to potential clients. The facility is not located
near residential uses, so no conflicts arose.
The building had adequate space for overnight stay and adequate restrooms. Security
was acceptable. No damage was done to the facility.
Drawbacks to the facility included:
1. Lack of storage area for OOM and supplies. The stage area was used, as
no other accessible space was available.
2. The auditorium carpet retained earpet-nfthwd odor which was of some
degree of concern to day room users.
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Honorable Mayor and City Council
July 3, 1995
Page Twro
3. Use of the 'f'acility on an as-needed basis restricted the City's ability to make
the auditorium available to other users. There was a shortage of meeting
room space for such users from December through April.
4. Some impact was experienced by the Library, as homeless clients sought
daytime shelter at the Library. Some behavioral concerns were expressed
by Library staff.
Fear-End Statistics - The shelter was open 71 nights, with 189 total individuals served.
Of those served, 59 stayed only one night, with the remainder using the facility at least
two evenings. There were 721 total "bed nights" (the total of all overnight stays).
Of those people served, 57 identified themselves as Tigard residents. 22 children were
served, 78 people between the ages of 13 and 30, and two individuals between the ages
of 55 and 74. Almost half of the individuals served, 87 of 189, were between the ages of
31 and 54.
-Concerns To Be Considered Before Winter. 1995 - The City has several options for the
next shelter season. The City can make the Water Building available again, or designate
the Senior Center for the use, or make no provisions for a severe weather shelter. The
Senior Center was approved by the Hearings Officer as an acceptable site under a
conditional use permit.
Another issue is whether the facility should be made available under the existing policy
or another scenario. The options include:
1. Allow IOS to operate from November through April on all evenings when
temperatures are predicted to fall below 35 degrees for two or more
consecutive days; and/or when snow or other weather conditions are
deemed severe enough to present a substantial health risk to homeless
persons. This severe weather policy has been implemented to include
opening the shelter on rainy evenings.
2. Reduce the number of evenings open.
3. Revise the criteria for opening the shelter.
4. Operate the shelter every evening from November 1 to March 31.
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Honorable Mayor and City Council
July 3, 1995
Page Three
Another issue is whether or not our facilities will be impacted by the shortage of facilities
and surrounding jurisdictions, including the City of Portland. IOS and the City have
encouraged creation of a more regional approach to dealing with the problems of the
homeless. We do need to be concerned that when the City of Portland loses available
shelter facilities, there is a likelihood that more out-of-T igard users will choose to utilize
our facilities.
Should The Shelter Be Ooer ted At Either The Water Building Or The Senor Center Next
Winter? - City staff feel the Water Department is a better alternative than the Senior Center
Building, because of the lack of neighbor concerns associated with the Water Building.
Steps should be taken to assure that the Water Building is available for other users when
the shelter is not in use. This will require better scheduling and greater success in
separating the shelter materials and costs from view.
Summer Issues - During the Summer, staff will arrange to have the carpet in the
auditorium cleaned. Further, cleaning may be necessary prior to the opening of the
shelter after the Farmer's Market Saturday use is complete.
It is also suggested that during the Summer months, IOS meet with Library staff and
Police staff to discuss any potential issues related to the impact of the facility on Library
and Police services. Some issues have been raised regarding the use of the Library
during those hours that IOS homeless shelter and severe weather shelter are not in
operation. In addition, Police personnel have raised some concerns about using the
Water Building auditorium for training purposes shortly after the shelter is vacated after
a night of use. In order to promote a harmonious relationship, IOS is willing to address
any concerns.
During the Summer, staff will also look out for indicators of any potential problems related
to the homeless in the downtown area or elsewhere in the community. We will attempt
to avoid a reoccurrence of some of the problems that existed on property on Main Street
during the Summer of 1995.
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INTERFAITH OUTREACH SERVICE
Year End Statistics Report
Severe Weather Swelter
1994/95
Nights Open 71
individuals Served:
Single Males 86 White 155
Single Females 24~ African American 7
Childless couples 34 Fispanic 9
Families 45 Asian/Pacific Island-6
Native American 3
Total individuals Served 189 Other 9
Total bednights 721 Unduplicated individuals served. 1 4
Stayed only one night........... 5
City of Orin
Tigard 57 Multnomah County _41
Tuaiatm _i2 eieashkgton County _2.7
Beaverton 14 Clackamas County 1
Eidlsboro 8
Sherwood
Other 29
Age Group
0-'' 6 22-30 57 -
3-4 _3 31-54 87
5 2 55-59 1
6-12 _9 60-74 1
13-17 2 75+
18-21 21
Outcomes
' People enrolled in IOS Self Sufficiency Program. 0
Applied for subsidized housing
People who had contact with IOS office regarding Self- Sufficiency 38
People into IOS shelter ..........................................................................13
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Kil-
' AGENDA ITEM # _
For Agenda of `7 /11-12L
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Appointment of a Councilor to the Historic Sites and Districts Committee
PREPARED BY: Duane Roberts DEPT HEAD OK A CITY ADMIN OK
ISSTL E BEFORE THE COUNCIL
Should the mayor appoint a Councilor to the Historic Sites and Districts Committee as called for
in the Community Development Code?
STAFF RECOMMENDATION
Staff recommends the mayor make the appointment.
INFORMATION SUMMARY
The Tigard-Tualatin School District is in the process of preparing a request to expand the new
urham Elementary School building. The new school is located behind the old Durham School,
ow known as iUbLe Durham Educational Complex. The old scnoul was designatcu as a local +.iowaav
site in 1984. This site designation applies to the entire six-acre tax lot within which the school
is located. The proposal to expand the new school does not include any alterations to the old
school. However, because the new school is located on the same tax lot as the old school, approval
of the proposed expansion by the Historic Sites and Districts Committee is required. Similarly,
as a local historic site, the recently discussed demolition or external alteration of the Tigard Feed
and Seed also will require Historic Sites and Districts Committee review.
According to the Community Development Code, the Historic Sites and Districts Committee shall
consist of one City Councilor, one Commission member, and one planning staff member, and be
appointed each time an evaluation is required. Therefore, the appointment of a Councilor to serve
on the Historic Committee for the purpose of reviewing the School District and Tigard Feed and
Seed proposals is requested.
OTHER ALTERNATIVES CONSIDERED
None
FISCAL NOTES
The appointment will have no fiscal impact.
Qu11ft-st.council
ne 30, 1995
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Tigard City Council
FROM: Duane Roberts, Associate Planner
s.1 DATE: June 29, 1995
SUBJECT: Tigard Feed and Seed
The Tigard Feed and Seed building was designated as a local historic site in 1986.
The designation is based on the building's association with a variety of colorful
owners and its status as the only unaltered wood frame building on Main Street.
According to the Community Development Code (section number 18.82), the
demolition or external alteration of any City recognized historic structure requires
review by the Historic Sites and District Committee. The relevant criteria to be used
for the alteration review include:
40 1 The r»inr~ncn nV +ti+n l.+ 4-4, -n«1.+.. A40n y - 'ec" _r
i rr ua yv~v - the .a~waav omlcty uao tail, as sell L'o 011 IL 17C(: t.lUll
18.82.010;
2. The provisions of the Tigard comprehensive plan;
3. The economic use of the structure in a historic overlay district and
the reasonableness of the proposed alteration and their relationship to
the public interest in the structure's of landmark's preservation or
renovation;
4. The value and significant of the structure or landmark in an historic
overlay district;
5. The physical condition of the structure or landmark in an historic
overlay district;
t 6. The general compatibility of exterior design, arrangement,
proportion, detail, scale, color, texture, and materials proposed to be
used with an existing structure in an historic overlay district;
7. Pertinent aesthetic factors as designated by the Hearings Officer;
and
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I
8 . Economic, social, environmental, and energy consequences related
170 to LCDC Gaol No. 5. (This so-called ESEE review is a local and not a
state requirement.)
The criteria to be used for the demolition review are:
1. The Tigard comprehensive plan;
2. The purpose of this chapter as set forth in Section 18.82.010; _
8. The criteria used in the original designation of the district in which ;
the property under consideration is situated;
4. The historical and architectural style, the general design,
arrangement, materials of the structure in question, or its appurtenant
fixtures; the relationship of such features to similar features of the other
buildings within the district, and the position of the building or
structure in relation to public rights-of-way, and to other buildings and
structures in the area;
5. The effects of the proposed work upon the protection, enhancement,
perpetuation, and use of the district which cause it to possess a special
AVA character or special historical or aesthetic interest or value;
6. Whether denial of the permit will subject the City to potential
liability, involve substantial hardship to the applicant, and whether
issuance of the permit would act to the substantial detriment of the
public welfare and would be contrary to the intent and purposes of this
title; and
d. The economic, social, environmental, and energy consequences
related to LCDC Goal No. 5. (Again, this ESEE review is a local and
not a state requirement.)
Under either of these processes, the City would not be required to notify DLCD. The
reason is that in performing an alteration or demolition review the city would be
implementing an existing state-recognized ordinance and not amending the
ordinance.
An alternative method provided in the Code for dealing with the Feed and Seed
Store's historic site designation would be to remove the designation. This would
involve a much simpler city review process than that required under demolition or
alteration. For example, a finding that the historic designation is causing the
property owner. to bear an unfair economic burden by itself would be adequate
justification for its removal. However, unlike alteration or demolition, removal of the
designation would require DLCD notification. As a plan amendment action, the City
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would be required to provide DLCD 45 days notice of the date set for a hearing and,
although not stated in the City Code, also would be required to go through, a goal 5
ESEE process, which would be subject to state approval.
The Historic Overlay District Chapter of the Code does not directly address the
proposed relocation of a historic building. Since the historic designation is an overlay
applied to the tax lot, it is reasonable to conclude that the relocation of a building
within the same lot would not require committee review. DLCD notification also
would not be required in conjunction with a relocation as long as the City were not
also proposing to take the building off its historic properties list. If the City decided
to move the building onto a different tax lot, the overlay designation would need to
be transferred from the old to the new log.
DR/Ws* feed
July 3, 1995