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City Council Packet - 01/31/2006 5th Tuesday notes by Stacie Yost/Tom Woodruff 1/31/06 @ Tigard Water Building: Start: 7:00 PM End: 9:00 PM Agenda Item No. 3 • - Council Meeting of 2 Council Present: Mayor Dirksen; Councilors Woodruff, Wilson, Harding'- Sign-in sheet: Name Address Topic Kevin Saier 13911 SW Hllshire Dr. Bldg Code hole - Unlimited height restrictions Mark Bay 13899 SW Hllshire Dr. Same as above Charles Schneider 11195 SW Tigard St. Building - Streets John Frewing 7110 SW Lola In. Sidewalks Lisa Hamilton Treick 13565 SW Beef Bend Rd. Gretchen Buehner 13249 SW 136th Place Pamela Miller 13914 SW H&hire Dr. Height Restrictions ShellyDahl 13835 SW Hllshire Dr. Height Restrictions Tigard City Council 5th Tuesday Agenda: o Building Code Height Restrictions o Building & Streets o Sidewalks o Notification of A in development plans Height Restrictions - Code: "Can permits be rescinded if code was misinterpreted (by City)? 'Health & Safety concerns of tall towers? ,Nuisance Code allow for exception to permit/code? Building & Streets: ''Light at Maui & Tigard Street - investigate possibilities. "Parks & Recreation feedback in Cityscape. -7 X04 iudbt Sidewalks: "Include Sidewalks in Street Maintenance Fee? ''Review minutes to see when issue (fee) was to be revisited/reviewed. Notification of A in development plans '`Disconnect between Neighborhood Meeting & what actually gets developed approved by City). Beef Bend & approximately 147th - 150th trees cleared before approval of plan? "Feedback from staff re: issue requested by Mayor - trees cleared before approval of plan. ''What is purpose of Neighborhood Meeting? Input or info? ''Requests for neighborhood meeting minutes were not answered. Who is responsible for these minutes? "Guidelines of development application process need review? "Codes/Ordinances & (lot size) Citizen Communication Ccwulor Wow's naff Kevin Sayers: 6 others Hillshire area - Building code problems with tower - no height restrictions on towers. City Council Fifth Tuesday 1/31/06 Page 1 Action: Review Code, Review this permit. josh Sn er - Streets Tigard/Main Street Intersection Burnham Street Development off North Dakota - narrow streets Need more involvement with Park Board. john Fre wing - Sidewalks Review citizen's comm. to review sidewalks Now is the time move ahead and increase sidewalks. Lisa Use franchise fees where they are collected. Create task force to improve right of way on Durham Rd. Development plans changed without notification to affected neighborhoods Beef Bend & 150th - all trees cut down - was it legal. We need a better way to notify neighbors if there are material changes from the meeting to submitted plan. Prepared by e Bengtson Executive Asst. to the City Manager 2/1/06 City Council Fifth Tuesday 1/31/06 Page 2 January 31, 2006 PRESENTED BY/ON BEHALF OF: Jeff and Shelly Dahl SW Hillshire Dr Mark and Audrey Bay 13899 SW Hillshire Dr 503-524-3357 John and Paula Janac 13903 SW Hillshire Dr --.,P-Kevin and Patricia Saier 13911 SW Hillshire Dr 503-590-1745 Pardis and Tony Mahrassa 13944 SW Hillshire Dr 503-590-7822 Mike and Stephanie Phillips SW Hillshire Dr Barry and Inger Jannsen 13928 SW Hillshire Dr 503-524-0530 Dean and Joyce Aueson 13922 SW High Tor Dr 503-597-3530 Jeff and Pam Miller 13914 SW Hillshire Dr 503-590-9109 John S Martin 14105 SW High Tor Dr 503-590-7089 Don and Joanie Vaughn 14160 SW 141St Ave Steve Tuttle 14205 SW 141St Ave 503-590-3719 PROBLEM STATEMENT: There is a hole in the Tigard Municipal Building Code (Title 18) which enables any residential homeowner in Tigard to construct a tower or antenna structure of unlimited height. REQUESTED ACTION: Amend Title 18 to reinstate height limits and setback requirements on antenna and tower structures (attached or detached) built on residential land in Tigard. DETAILS: Although it is clear that Title 18 of the Tigard Municipal Building Code tries to preclude the construction of unsightly, oversized, or inappropriate structures in residential areas, a specific hole in the code allows for any residential homeowner in Tigard to construct an "attached" tower or antenna of any height. MUNICIPAL CODE: Section 18.510.050 of the building code specifies Development Standards for residential zones. Table 18.510.2 specifies that the Maximum Height requirements for R-1 through R-7 residential zones range from 30 to 35 ft. Section 18.510.060 of the building code specifies that "an accessory structure may not exceed 15 feet in height." Section 18.730.020.A removes all maximum height requirements from Title 18. It states, "Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title." Although Section 18.730.020 removes all height requirements, there are still setback requirements built into the city code. Section 18.510.060 states that "All freestanding and detached towers, antennas, wind-generating devices, and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. To get around the setback requirements, residents need only "attach" a free standing tower to the side of the house. This attachment to the house need not be structural and frequently serves no other purpose then to enable the resident to get around the setback requirements. Once attached, the tower is then exempt from all height limits and setback requirements and may be built to unlimited height. Example radio tower at 14155 SW High Tor Dr: recently placed on residential lot and towering over the High Tor and Hillshire neighborhoods. From the South Aq~ .ti 11 jr, Km • ' y mow. ~ 'W ~ u ph6 t - t s - Y S Z- Y F: r From the North, adjacent neighborhood From the West y 4fyr 5r l a „~~o aaa~~~ - r Y ',~~'s~` ~~~~YP,^'ayk+,~~ $n~7,~, '`„~M1~f y " ~ ~ w 1{~ ~ ~~~3Y'' ~ ~ ~ ~v u . ♦ ~~m II ~ ~ 4~ 9{NpL rr' } r ~ ri. - e^ ic...k- 3 °'3e *~a z ¢ L q~ Ij~ 11 ~i I 1 F ~ ~E N °rr~T s'~'',v r ~7 r r x -31 C J. r, a d f'~r C. ~''a"`t 'l y$ d n i K 1 `^v - i r 7 a,~,w a yid" Te5 dl 41 IV- X~f N 8 b - , F, _ C 3 ,yr ~I J „k:r ? REQUESTED ACTION: Amend Title 18 to restore height limits and setback requirements on antenna and tower structures (attached or detached) built on residential land in Tigard. Ways this could be accomplished could include: • remove Section 18.730.020 which enables residents to build structures of unlimited height on their residential land. • amend Section 18.510.060 to remove the words "freestanding and detached". 01/04/2006 18:20 FAX 5036847297 City of Tigard 0001 sc~x MULTI TX/RX REPORT TX/RX NO 0567 PGS. 1 TX/RX INCOMPLETE [ 1115039687397 Regal Courier TRANSACTION OK [ 0615035460724 TT Newsroom [ 0915039686061 Oregonian ERROR INFORMATION Revised notice; please disregard earlier notice. CITY OF TIGARD 5th TUESDAY MEETING WITH THE TIGARD CITY COUNCIL JANUARY 31,2006; 7-9 PM TIGARD WATER BUILDING - AUDITORIUM 8777 SW BURNHAM STREET, TIGARD, OREGON Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Members of the Tigard City Council will be available on the 5u' Tuesday of January 31, 2006, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council' might set time limits for suggested topics based on the number of topics Introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources'such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; In fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m, and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and Interact In relaxed setting. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. City Recorder 1-4-06 Post: Tigard City Hall City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Notice of 5' Tuesday Meeting with the Tigard City Council on January 31, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, ~o h h (A f -t yl , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in: • Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, • Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon, and • Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon a copy of the Notice the 5"' Tuesday City Council meeting of January-31-2 0-6 , with a copy of said Notice being hereto attached and by reference made a part hereof, on the t-~ day of Ica 41146 2010 Signature of Person who Performed -Posting Sub pribed and sworn (or affirmed) before me this 9 day of AL oMM' $ PUBLIC-OREGON Z O 1793 J:NOTARY JUNE 14, 2008 Signatur IL. e of Notary ublic for Oregon iAadmbathytcouncil\ neeting notices\afgdavitstaffidavit of posting - fifth tuesday.doc City of Tigard, Oregon Affidavit of Notification CITY OF TIGARD In the Matter of the In the Matter of the Notice of 5' Tuesday OREGON Meeting with the Tigard City Council - January 31, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 0,qTHF-k7--A(c- 1xJ being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/ organizations by fax 5t'' Tuesday Meeting of the City Council at the to be held on January 31,20D-6,_7-9_p-m`.., with a copy of the Notice of 5' Tuesday Meeting of the City Council hereto attached and by reference made a part hereof, on the 44 -Fh day of JA N 12 s2 y 20-0 (D /Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) 2'Editor, Regal Courier, (Fax No. 503-968-7397) [!/'Newsroom, The Oregonian, Metro SW (Fax No. 503-968-6061) Signature of Person who Perfo ed Notification Subscribed and sworn (or 9firmed) before me this 9 777 day of OFFICIAL SEAL JILL M BYARS f COMMISSSIiON N0 38E17993 Signature of Notary Public for Oregon MY COMMISSION EXPIRES JUNE 14,2M iAadm\cathy\councilkneeting notices\affidavits\affidavit of notification - filth tuesday.doc ~OSTQ~ on ~~o CGS y 7;~ 1 U-e tj PKy ~l~ log Revised notice; please disregard earlier notice. _ C CITY OF TIGARD 5th TUESDAY MEETING WITH THE TIGARD CITY COUNCIL JANUARY 31,2006; 7-9 PM TIGARD WATER BUILDING - AUDITORIUM 8777 SW BURNHAM STREET, TIGARD, OREGON Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Members of the Tigard City Council will be available on the 5th Tuesday of January 31, 2006, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. a"cp- q'n e, City Recorder 1-4-06 Post: Tigard City Hall Tigard Permit Center Tigard Public Library Oadm\cathytcouncifteeting noticeslcc meeting noticesViflh tuesday public notice revised - august 1 2005.doc • /+:'",:911'; ~ ` CITY OF TIGARD 5th TUESDAY MEETING WITH THE TIGARD CITY COUNCIL JANUARY 31,2006; 7-9 PM TIGARD WATER BUILDING - AUDITORIUM 8777 SW BURNHAM STREET, TIGARD, OREGON Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Members of the Tigard City Council will be available on the 5th Tuesday of January 31, 2006, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. a~ ` n~ ct7 City Recorder 1-4-06 Post: Tigard City Hall Tigard Permit Center Tigard Public Library i:tadmtcathytcouncifteeting notices%cc meeting noticesVifth tuesday public notice revised - august 1 2005.doc Cathy Wheatley 5th Tuesday. _ - _ . _ _ _ _ Page I J From: Cathy Wheatley To: webteam Date: 1/4/2006 4:53:45 PM Subject: 5th Tuesday We have a 5th Tuesday meeting for Council on January 31. 1 have placed a noticed with the information about the meeting in is\adm\packet '06\050131 Could you please post on the event calendar and also on the "front" page. Thanks, Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov