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City Council Packet - 03/13/2007 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 TIGARD CITY COUNCIL MEETING March 13, 2007 COUNCIL MEETING WILL BE TELEVISED 1:\Ofs\Don na's\Ccpktl Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 Q ' TIGARD CITY COUNCIL MEETING MARCH 13, 2007 6:30 p.m. TIGARD CITY HALL R D 13125 SW HALL BLVD t~ TIGARD, OR 97223 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. Citizen Communication 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 Manager. 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. Business agenda items can be heard in any order after 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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MARCH 13, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2) (e) and Labor Relations under ORS 192.660 (2) (d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Balloon Festival Use of Cook Park - Administration Staff > IGA with Clean Water Services for Fanno Creek Master Plan - Community Development Staff 7:30 PM 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 PM 2. CITIZEN COMMUNICATION • Citizen Sign Up Sheet (Two Minutes or Less, Please) • Tigard High School Student Envoy Jasmina Disdarevik • Follow-up to Previous Citizen Communication 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion zvithout separate discussion. Anyone may request that an item be removed by motion for discussion and sebarate action. Motion to: 3.1 Approve Council Minutes for February 13, 2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.3 Approve an Intergovernmental Agreement with Clean Water Services for the Fanno Creek Master Plan 3.4 Local Contract Review Board: Award Contract for Right-of-Way Acquisition Services for Burnham Street Improvements - Community Development Staff COUNCIL AGENDA - MARCH 13, 2007 page 2 7:45 I'M 4. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department Staff d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 07-12 Council Member: I move for adoption of Resolution No. 07-12 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: (Reads as requested.) RESOLUTION NO. 07-12 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 07-12, please say u aye. Mayor/Councilors Mayor: All those opposed to adopting Resolution No. 07-12, please say "nay." Mayor/Councilors Mayor: Resolution No. 07-12 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. COUNCIL AGENDA - MARCH 13, 2007 page 3 7:55 PM 5. CITY ANNEXATION POLICY • Staff Report: Community Development Department • Council Discussion • Council Consideration: Resolution No. 07-13 Council Member: I move for adoption of Resolution No. 07-13 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: (Reads as requested.) RESOLUTION NO. 07-13 - A RESOLUTION OF THE CITY OF TIGARD ESTABLISHING POLICY TO GUIDE CITY ACTIONS PERTAINING TO ANNEXATION OF UNINCORPORATED LAND TO THE MUNICIPAL CITY LIMITS Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 07-13, please say cc aye. Mayor/Councilors Mayor: All those opposed to adopting Resolution No. 07-13, please say "nay." Mayor/ Councilors Mayor: Resolution No. 07-13 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. COUNCIL AGENDA - MARCH 13, 2007 page 4 8:25 PM 6. LOCAL CONTRACT REVIEW BOARD: AWARD FANNO CREEK PARK/PLAZA MASTER PLAN CONTRACT • Staff Report: Community Development Department • LCRB Discussion • LCRB Consideration of recommended motion to award a contract with Walter Macy as the prime consultant to develop a master plan for Downtown Fanno Creek Park and a public plaza in an amount not to exceed $205,000. 8:55 PM 7. AMEND TIGARD MUNICIPAL CODE REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT OFFICERS Staff Report: Public Works Department • Council Discussion • Council Consideration: Ordinance No. 07-01 Council Member: I move for adoption of Ordinance No. 07-01 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: (Reads as requested.) RESOLUTION NO. 07-13 - A RESOLUTION OF THE CITY OF TIGARD ESTABLISHING POLICY TO GUIDE CITY ACTIONS PERTAINING TO ANNEXATION OF UNINCORPORATED LAND TO THE MUNICIPAL CITY LIMITS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07- (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes --failure to pass. COUNCIL AGENDA - MARCH 13, 2007 page 5 9:05 PM 8. LEGISLATIVE PUBLIC HEARING - RESIDENTIAL ZONING DISTRICT USE REGULATIONS AMENDMENT - DEVELOPMENT CODE AMENDMENT a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. c. Staff Report: Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation £ Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 07-02 Council Member: I move for adoption of Ordinance No. 07-02 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: (Reads as requested.) ORDINANCE NO. 07-02 - AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.150 - RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07- 02 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note. Tie votes =failure to pass. COUNCIL AGENDA - MARCH 13, 2007 page 6 9:351'M 9. NON AGENDA ITEMS 9:40 PM 10. EXECUTNE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:45 PM 11. ADJOURNMENT I:tadmlcathylcca120071070313).doc COUNCIL AGENDA - MARCH 13, 2007 page 7 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING March 13, 2007 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2) (e) and Labor Relations under ORS 192.660 (2) (d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Balloon Festival Use of Cook Park - Administration Staff > IGA with Clean Water Services for Fanno Creek Master Plan - Community Development Staff • ADMINISTRATIVE ITEMS > Distribute copies of e-mails from Mr. John Skourtes > Council Calendar: March 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall April 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall (Tentatively: Joint Meeting with Intergovernmental Water Board and Lake Oswego City Council) 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Monday Budget Committee Meeting - 6:30 pm, Library Community Room Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. is\adm\cathy\cca ss - pink sheet\2007/070227ps.doc Agenda Item No. 4a For Agenda of 2vp-_.2 Y,.200;? Tigard City Council Meeting Minutes Date: March 13, 2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Gretchen Buehner Councilor Sally Harding Councilor Tom Woodruff Absent: Councilor Sydney Sherwood Agenda Item Discussion & Comments Action Items follow u Executive The Tigard City Council went into Executive No decisions were made in Session Session at 6:36 p.m. to discuss pending litigation Executive Session. under ORS 192.660(2) (e) and Labor Relations under ORS 192.660 (2) (d). Executive Session concluded at 7:03 p.m. Study Session Balloon Festival Assistant City Manager Newton reviewed some After discussion, City Use of Cook activities being planned for this June's Tigard Council members agreed Park Festival of Balloons. The City has received a they might be willing to request from event organizers to close all of Cook consider adjusting the Park on Festival dates except for the Balloon boundaries of where event Festival. organizers could cordon off the park for the event to gain more control of access to the event. However, the Council was not willing to allow the entire park to be closed for the event. Study Session Intergovern- Senior Planner Nachbar reviewed this item. mental (See Agenda Item Nos. 3.3 and 6, which are related.) Agreement with Clean Water The City is coordinating the restoration of Fanno Services CWS Creek, a responsibility CWS, through an Tigard City Council Minutes - March 13, 2007 1 Agenda Item Discussion & Comments Action Items follow u for Fanno Intergovernmental Agreement. The City is also Creek Master developing a master Plan for Fanno Creek Park and Plan a public Plaza in Downtown. The City is responsible for developing the master plan and CWS is responsible for performing engineering and construction to make major improvements to Fanno Creek to help restore it to a more natural condition. The staff report, on file in the City Recorder's office, delineates in more detail the responsibilities for CWS and the City. Senior Planner Nachbar referred to Agenda Item No. 6 on tonight's agenda, which was for the Local Contract Review Board to consider awarding a contract to Walker Macy in an amount not to exceed $205,000 for professional design services to prepare a master plan for Fanno Creek Park and a public Plaza in Downtown. This key project for the Downtown is intended to serve as a catalyst project and provide a public gathering space for the community and help stimulate new investment in the Downtown. The staff report, on file in the City Recorder's office describes the project and contract award in more detail. In discussion, it was determined that the Council supported adding the words at the end of the sentence as follows: as mutually agreed upon." to Section D. 1. (Page 3) of the Intergovernmental Agreement with CWS (Consent Agenda No. 3.3). City Attorney Ramis advised the change would be made to the agreement and there would be no need to pull this item off for separate consideration by the City Council. Study Session Administrative • City Council members received copies of Items communication (on file in the City Recorder's office) from Mr. John Skourtes who is expected to address the City Council during the Citizens Communication agenda item. • Councilor Buehner advised she has volunteered to be on a work group regarding annexation studying issues this legislative session. Councilor Buehner will keep track of her Tigard City Council Minutes - March 13, 2007 2 Agenda Item Discussion & Comments Action Items follow u mileage for reimbursement for her expense associated with her service for this group. Stud Session recessed: 7:19 .m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:31 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buchner, Harding, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen Mr. John Skourtes spoke to the Council regarding Communication his objections to Tri Met's proposal to not allow left turns onto 74`'' Avenue going west on Bonita Road when the commuter rail is operational. Earlier communications from Mr. Skourtes on this issue was forwarded to the City Council and are on file in the City Recorder's office. He asked the Council to intervene on behalf of the property owners who will be impacted by this decision. Other points brought up by Mr. Skourtes included the following: • He said the City was very passive on this issue. • He said there are 15 property owners (30 tenants) on property zoned industrial, who will be adversely affected. • He referred to fees, including SDC's, paid over the years by these property owners to improve Bonita Road. • One solution he suggested was to resynchronize signals and add a stop light. • He asked the City for help and said there should be some economic assistance as well. • He noted traffic issues in Tigard including the bottleneck conditions on Durham Road. • There was no notice or input given or r quested Tigard City Council Minutes - March 13, 2007 3 Agenda Item Discussion & Comments Action Items follow u regarding this proposal. City Engineer Duenas explained about Tri Met and the State's concerns for safety. The new tracks will mean commuter rail traffic as well as freight traffic. The freight trains will now be able to travel at higher rate of speed, 35-40 mph, and there is a risk of cars getting hung up on the tracks when there is heavy traffic. There is a concern about the sight distance as the south bound tracks are on a curve near this location. Mr. Skourtes said he was concerned with the economic viability of the businesses and said mitigation could occur if some money was spent. In response to a question from Councilor Harding, City Engineer Duenas said he would check with the State to determine what kind of report was done to support the proposed restrictions for turning and whether there were any alternatives considered. Mayor Dirksen advised Mr. Skourtes that the City challenged the restrictions at the time Tri Met informed the Council of this plan. The Mayor said the City was told the State was adamant that this restriction was necessary to assure safety. Mayor Dirksen agreed with Councilor Harding that another contact with the State should be made to determine if an alternative could be worked out. Councilor Harding referred to Mr. Skourtes' comments regarding the property owners and tenants and suggested that these property owners be kept in the communication loop about this matter. Follow Up to Previous Citizen Communication: City Manager Prosser advised that on February 27, 2007, Sharon Maroney spoke to the City Council requesting assistance on a zoning issue relating to a proposed text amendment to the Code to allow Broadway Rose to have a conditional use on the C.F. Tigard site. Community Development Department staff has added this to their work plan and it is anticipated that it will take several months Tigard City Council Minutes - March 13, 2007 4 Agenda Item Discussion & Comments Action Items follow u for this project to be completed. 3. Consent 3.1 Approve Council Minutes for February 13, 2007 Motion by Councilor Agenda 3.2 Receive and File: Buchner, seconded by a Council Calendar Councilor Harding, to b. Tentative Agenda approve the Consent 3.3 Approve an Intergovernmental Agreement with Agenda. Clean Water Services for the Fanno Creek Master Plan The motion was approved 3.4 Local Contract Review Board: Award Contract by a unanimous vote of for Right-of-Way Acquisition Services for Council present. Burnham Street Improvements - Community Development Staff Mayor Dirksen Yes Councilor Buchner Yes Councilor Harding Yes Councilor Woodruff Yes 4. Information Public Hearing a. Mayor Dirksen opened the public hearing. Motion by Councilor - Formation of Harding, seconded by Sanitary Sewer b. City Attorney Ramis reviewed procedure for this Councilor Buchner, to adopt Reimbursement hearing. Resolution No. 07-12. District No. 40 (SW Ann c. Declarations: Councilor Harding advised she The motion was approved Street) knows where the site is and has viewed the site in by a unanimous vote of the past. Councilor Buchner also advised she has Council present. viewed the site. There were no challenges from the audience pertaining to the Council's Mayor Dirksen Yes jurisdiction to hear this matter nor was there a Councilor Buchner Yes challenge on the participation of any member of Councilor Harding Yes the Council. Councilor Woodruff Yes d. City Engineer Duenas reviewed the staff report. A copy of the PowerPoint presentation referred to by City Engineer Duenas is on file in the City Recorder's office. e. Public Testimony - Proponents Mr. Roger Potthoff, 11710 SW Ann Street spoke in favor of formation of the district. He advised he has spoken to several neighbors who are in the district who indicated they were supportive of district formation. He spoke to the situation whereby the fee could be higher than the fee for other districts. As explained in the staff report, the reason for the higher fee is the result of the Tigard City Council Minutes - March 13, 2007 5 Agenda Item Discussion & Comments Action Items follow u sewer only serving the south side of Ann Street since the lots on the north side are currently served by a sewer along their back lot line. This leaves the lots on the south side with the entire cost of the sewer instead of sharing the cost with the lots on the other side of the street. The owners believe that the installation of sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a sewer and now request relief by reducing the reimbursement fee by one-half. Because of these changed circumstances and reasonable reliance on being able to share the cost of sewer construction, staff recommends approval of this request. If the City Council agrees with the staff recommendation, Mr. Potthoff said he had been concerned about later reinterpretation. A letter to the property owners confirming the recommendation to the Council would be to reduce the fee by one-half; this is also memorialized in the proposed resolution before the City Council. In response to a question from Councilor Woodruff, City Engineer Duenas advised that the contribution by the City of Tigard towards this reimbursement district will be funded by sanitary sewer funds. Councilor Harding advised that this is an area that needs to be addressed and referred to surrounding development that has occurred that has impacted these property owners. She said she was supportive of the proposal. In response to a question from Councilor Buehner regarding whether paying for half of the reimbursement district was precedent setting, City Engineer Duenas advised that several remaining areas that need sewer are the more difficult and more expensive areas to address. Higher costs were anticipated by staff and each district is unique. He said staff may recommend similar financial assistance for two or three districts that will be coming to City Council in the near future. Mayor Dirksen indicated he supported the Tigard City Council Minutes - March 13, 2007 6 Agenda Item Discussion & Comments Action Items follow u proposal for this district and referred to the City's commitment to the sewer reimbursement program to provide the ability to hook up to sewer for all of Tigard. He noted the concerns are to protect the environment (the groundwater). He also noted increasingly stringent regulations by the state and county with regard to septic systems. He acknowledged that the more difficult districts need to be addressed and supported helping to share the burden so these properties can afford to hook up to the sewer. Mayor Dirksen said he thought the proposal represented a good compromise. e. Council adopted Resolution No. 07-12. RESOLUTION NO. 07-12 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) 5. City Long Range Planning Manager Bunch presented the Motion by Councilor Annexation staff report. He reviewed the history of past Buehner, seconded by Policy discussion on annexation policy by the City Council, Councilor Harding, to adopt which occurred at City Council meetings on Resolution No. 07-13, as January 17, 2006, and February 13, 2007. amended (Section 4). The proposed resolution before the City Council The motion was approved was also reviewed. Long Range Planning Manager by a unanimous vote of Bunch referred to Sections 4 and 5 of the resolution Council present. regarding phasing in of property taxes to newly annexed areas and for a review of the annexation Mayor Dirksen Yes policy in February 2008. Councilor Buehner Yes Councilor Harding Yes Council discussion followed: Councilor Woodruff Yes Council members indicated support for a phasing in of taxes; however, there was concern about the wording regarding timing and the amount of phase in. After discussion, City Council members indicated they could support the following amendment to Section 4 (the second bullet) of the resolution: "Phasing in of increased property taxes over a three- ear period at the rate of 33 percent, 67 percent, and Tigard City Council Minutes - March 13, 2007 7 Agenda Item Discussion & Comments Action Items follow u 100 percent, for properties that annex during the period of March 13, 2007 to February, 2008, per Oregon Administrative Rule (OAR 150-222.111). RESOLUTION NO. 07-13 - A RESOLUTION OF THE CITY OF TIGARD ESTABLISHING POLICY TO GUIDE CITY ACTIONS PERTAINING TO ANNEXATION OF UNINCORPORATED LAND TO THE MUNICIPAL CITY LIMITS 6. Local Senior Planner Nachbar presented the staff report. Motion by Councilor Contract Also present were Mike Zilas and Laura Herbon Buehner, seconded by Review Board: from the consultant firm, Walker Macy. Councilor Harding, to award Award Fanno a contract to Walker Macy in Creek Staff recommended award of contract to Walker an amount not to exceed Park/Plaza Macy as the prime consultant to develop a master $205,000, for professional Master Plan plan for Downtown Fanno Creek Park and a public design services to prepare a Contract plaza (a catalyst project for the downtown) in an master plan for Fanno Creek amount not to exceed $205,000. Park and a public Plaza in Downtown. Senior Planner Nachbar reviewed: • Key elements of the public plaza; The motion was approved • The request for proposal process whereby five by a unanimous vote of firms were interviewed. Council present. Ms. Herbon advised: Mayor Dirksen Yes • The consultants are not coming into the project Councilor Buehner Yes with preconceived notions. Councilor Harding Yes • Focus on bringing life/vitality to the park. Councilor Woodruff Yes • Will look at the project from a regional context. (Note: The City Manager is • Will talk to adjacent landowners. authorized to execute a • Will look to ecological integration. professional services contract with Walker Macy Ms. Herbon also described examples of their firm's for design services.) past work: Riverfront Commemorative Park in Corvallis, South Waterfront Park in Portland, PSU Urban Plaza in Portland, and is developing the South Waterfront Greenway Plan for Portland. Tigard's project should include the following elements: • Safety, • Draw community events, • Contextual design environment, Tigard City Council Minutes - March 13, 2007 8 Agenda Item Discussion & Comments Action Items follow u • Redevelopment opportunities, • Vitality, • Prepare plans to be implemented. Ms. Herbon spoke of additional elements that could be considered: • Water/plant materials; • Gathering spaces at differing elevations; • Develop theme; • Integrate stormwater management: rain water garden; • Work with Clean Water Services for "re- meandering" of the creek • Enlist others to help maintain the site; i.e., students, to elicit community buy-in; , • Consider surrounding edges of the park - integrate plants /pavement; • Consider aesthetics and function. Councilor Harding said she thought the project could offer an opportunity to show leadership with regard to how storm water runoff could be handled. Councilor Woodruff said he it was "telling" about how important this project is considered to be with the amount of interest shown by professional consulting firms that submitted bids. He noted that we are "putting a lot of hope in this" and said there has been much time and attention focused on the Downtown area "to make it happen." Councilor Buehner said she would be interested to see how this project would be integrated with the Main Street proposal. Mayor Dirksen said the City of Tigard has waited for a long time to have a facility in the downtown area as distinctive as the people who live here. Tigard City Council Minutes - March 13, 2007 9 enda Item Discussion & Comments Action Items follow u 7. Amend Public Works Director Koellermeier presented the Motion by Councilor Tigard staff report. Buehner, seconded by Municipal Code Councilor Woodruff, to Regarding Solid At the February 13, 2007 City Council meeting, adopt Ordinance No. 07-01. Waste Manage- Council, staff and representatives of Pride Disposal ment and Waste Management discussed franchise The motion was approved Enforcement violations by non-franchised haulers who were by a unanimous vote of Officers providing services within the boundaries of the Council present. franchisees. Mayor Dirksen Yes The proposed amendment to Tigard Municipal Councilor Buehner Yes Code Chapter 11.04.170, regarding solid waste Councilor Harding Yes management enforcement would: Councilor Woodruff Yes • Allow a franchisee to take action in Washington County Circuit Court against a non-franchised hauler who provides garbage service within the franchised area. • Require a non-franchised hauler who provides service within the franchised area to pay the City $500 per violation in lieu of imposition of the civil penalty. • Give the City Manager the choice of addressing solid waste franchise violations through the City, or allowing the franchisee to pursue civil action. • Indemnify the City for any claims resulting from the franchisee's enforcement actions. • Waive any City liability for legal fees and other costs incurred by the franchisee while pursuing enforcement actions. At the request of the City's franchisees, the proposed code revisions would give Pride Disposal and Waste Management the authority to take legal action against non-franchised haulers who operate within their boundaries. The City Attorney has reviewed the proposed revisions. ORDINANCE NO. 07-01 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 11.04.170, REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT Tigard City Council Minutes - March 13, 2007 10 Agenda Item Discussion & Comments Action Items follow u 8. Legislative Mayor Dirksen Opened the Public Hearing. Motion by Mayor Dirksen, Public Hearing seconded by Councilor - Residential Declarations or Challenges. Harding, to continue the Zoning District There were no declarations by the City Council public hearing to April 10, Use Regulations regarding ex parte contact or a conflict of interest. 2007. Amendment - There were no challenges from the audience Development pertaining to the Council's jurisdiction to hear this The motion was approved Code matter nor was there a challenge on the participation by a unanimous vote of Amendment of any member of the Council. Council present. Staff Report. Mayor Dirksen Yes Associate Planner Caines presented the staff report; Councilor Buehner Yes the summary is on file in the City Recorder's office. Councilor Harding Yes Councilor Woodruff Yes The issue before the City Council was for consideration of a Development Code amendment to Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location restrictions (not within 200 feet of a property line abutting a residential use). The applicant is the Tigard-Tualatin School District, which wants to allow school buses to park at high school sites. The City's Development Code does not address school bus parking within residential zones and, therefore, is not permitted. Options available to the City Council were discussed. Associate Planner Caines advised staff recommended approving the requested Development Code amendment as recommended by the Planning Commission. The staff amended the request to allow school bus parking as an accessory use (not a restricted use as proposed by the applicant). City Attorney Ramis, in response to a question from Councilor Buchner, advised that the City Council has wide authority in considering this proposed amendment. The use could be permitted, a conditional use, or a temporary use. He said what is important is for the City Council to indicate a policy direction. Councilor Buehner said she was concerned about allowing buses on the property indefinitely. City Tigard City Council Minutes - March 13, 2007 11 Agenda Item Discussion & Comments Action Items follow u Attorney Ramis said the City Council's final decision could include a time period for review. Applicant Testimony: Tigard-Tualatin School District (TTSD) Chief Financial Officer Roy Burling, TTSD Transportation Director Judy Friesz, TTSD Attorney Kelly Hossaini, and Parati Consultant Ed Murphy presented testimony for the applicant. Key points included: • TTSD is looking for a place to park school buses temporarily and have determined they would like to park them at the Tigard High School. • They would do additional paving and would keep the buses away from the residential areas. • Noise levels of the buses have been tested; they found the level to be less than 95 decibels. The noise from the buses was not audible on the other side of the swim center. • TTSD has looked for an alternate site; however, it has been difficult to find the right property in the right zone. • TTSD is also looking to find a school bus parking facility that is better than the one located on Hall Boulevard, near the City Hall. Mr. Murphy reviewed additional testimony. His key points were: • This is a logical request. The Development Code does not allow school bus parking; however, it does not prohibit it either. The amendment can be narrowly written with restrictions. • The proposed high school site is good: it is centralized parking within the District and is near industrially zoned property. The site is publicly owned. • The proposal before the City Council at this time is for a text amendment to the Development Code. The plans would need to o through City reviews. Tigard City Council Minutes - March 13, 2007 12 Agenda Item Discussion & Comments Action Items follow u • It is anticipated that there will be 14-16 buses parked at this site. • Buses will be parked where modular buildings are now located; there would be no reduction in parking at the site. • No impacts on the sewer system. • Air quality issues were reviewed in his March 7, 2007, letter to the Tigard City Council. A copy of this letter is on file in the City Recorder's office. In response to Councilor Harding, Mr. Burling advised buses are on a routine maintenance program and are monitored for amount of exhaust. In addition, Ms. Friesz advised that the buses are required to go through an annual inspection to meet state requirements. In response to a question from Councilor Woodruff, Mr. Burling said the School District hoped they would have a more permanent solution in about two years. They are actively pursuing options; the parking at the high school would be temporary. In response to Councilor Buehner, Mr. Burling advised they would only park district buses at the high school. Ms. Friesz said they do not anticipate adding more school buses. For now, they have 14 routes and have two extra buses. The District is aware that they do need to find another location. Opponent David Mulholland, 9022 SW Waverly Drive presented written testimony. This testimony is on file in the City Recorder's office. His key points were: • There are inconsistencies in the District data regarding the amount of property to be affected, the number and size of the buses, and whether the use will be temporary or long-term. • Unfair to expect citizens in this area to bear this burden. • Concerns outlined in his letter included issues Tigard City Council Minutes - March 13, 2007 13 Agenda Item Discussion & Comments Action Items follow u with noise, parking, and traffic. In response to a question from Councilor Buehner, Mr. Mulholland advised he is aware that the District representatives have said the buses will be parked where the modular building are now; but, he questioned why that area isn't definitively named in the proposal. There was discussion on the amount of noise created by buses, the early-morning schedule for buses and whether the noise is considered to be a problem by some and not others. Mr. Mulholland noted the use for this site is different from having buses drive by. Before the buses leave, each bus goes though a pre-trip inspection, which includes a time when the engines are left to idle. He noted concerns that this would adversely affect the Waverly Drive neighborhood. Rebuttal Mr. Murphy and Ms. Hossaini offered the following rebuttal remarks: • Disputed the claim of inconsistencies by the TTSD. District will park their shorter buses at this site; the buses will be 200 feet away from residential property. If a conditional use is possible, then there would be a more detailed review of the District's request and how the use of the site would be implemented. • The issue before the City Council is a legislative amendment, not a site plan review. • The District hopes to find a permanent solution for bus parking. • The plan is to park 16-18 of the short buses at the high school site; additional review by the City will be required. • Additional paving might be needed. • Urged the City Council to not put in too many restrictions. • Buses had been parked at this location previously for a ten-year period without one complaint. Tigard City Council Minutes - March 13, 2007 14 Agenda Item Discussion & Comments Action Items follow u Ms. Hossaini explained the buses to be moved were from the School District site along Highway 99W. Property was recently sold at this location so the buses need to be moved. There are no plans at this time to relocate buses located on Hall Boulevard. There was some discussion about the District's efforts to find other locations for the buses. TTSD Attorney Hossaini and City Attorney Ramis discussed limitations that can be imposed within a conditional use permit. Planning Manager Bewersdorff clarified that a time limit could not be placed on a Type I (minor modification). A major modification would be reviewed by the Hearings Officer. Planning Manager Bewersdorff advised that the question of whether to allow school bus parking with the approval of a Conditional Use Permit would be up to the City Council. Staff Recommendation Associate Planner Caines stated that staff recommended the Council adopted the proposed amendment as written. Mayor Dirksen Closed the Public Hearing. Council Discussion: Councilor Buehner said she was sensitive to the concerns raised on behalf of the neighbors. She advised she was in support of the proposed amendment because the time could be limited and there would be a hearing before the Hearings Officer before the District could use the site for bus parking. City Attorney Ramis responded to a question by Councilor Buehner regarding the Type I (minor modification) circumstance. He said language would need to be prepared to address limitations that would apply for a minor modification. Councilor Woodruff advised he was sympathetic to Tigard City Council Minutes - March 13, 2007 15 Agenda Item Discussion & Comments Action Items follow u Mr. Mulholland's concerns; however, he also noted the buses had been parked at this location previously during a ten-year period without problems. He said he would like there to be an understanding with the School District that this will not be an ongoing use for this site. Mayor Dirksen noted the ordinance does not indicate that this use would be limited. Additional language is needed to limit the time allowed for the use. He said he thought the 200-foot buffer of the residential area would be adequate. In response to a question from planning Manager Bewersdorff, Mayor Dirksen said he could support a three-year time limit. Council decided to continue the public hearing to April 10, 2007. Adjournment The meeting adjourned at 9:51 p.m. Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Harding Yes Councilor Woodruff Yes at (0UXtAt4 Catherine Wheatley, City Recorder Attest: ~f S= c Mayor, Caly of Tigard Date: Wdmkathylccm1200T070313.doc Tigard City Council Minutes - March 13, 2007 16 Sheet for bookmarking items unable to send to microfiche Date: 3/13/07 Item: CD Subject: Fanno Creek Park Master Plan Stored in vault: See Records Division City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) 07-oi STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, TI) 111 to o a I H-C , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) O 7 - 0 / , which were adopted at the City Council meeting of 3 - 1 3 - D 7 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 0Q~. day of sAa 1-r° -)2 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this day of HOLY-CY-) , 20-01-. OFFICIAL SEAL Sign tune of Notary P lic for Oregon JILL M BYARS NOTARY PUBLIC-OREGON MY COMMI SION EXPIRES JUNE 14, 2008 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- 0 J AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 11.04.170, REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT WHEREAS, the City of Tigard has two franchised solid waste haulers who have exclusive rights to provide garbage service in specific areas of the City; and VAHEREAS, non-franchised haulers have been violating these franchises by providing garbage service within the boundaries of the franchisees; and VAHEREAS, giving franchisees the authority to take legal action against non-franchised haulers who operate within their boundaries is an effective means to address franchise violations. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 11.04.170 of the Tigard Municipal Code is amended as shown on Attachment 1 of this ordinance. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U n Q r i m DU S vote of all Council members present after being read by number and title only, this )3 F-`' day of `MLA-r- , 2007. Brine Wheatley, City Recorder APPROVED: By Tigard City Council this ~3 h day of ~ JM aA -C k J )2007. Craig D' en, Mayor Approved as to form V City Attorney dA r A 1:3. Q QQ `7 Date ORDINANCE No. 07- Page 1 I.- Note: Attachment 1 Strikethrough text is deleted, bold, underlined text is added. TIGARD MUNICIPAL CODE this chapter. The rules and regulations shall be 2. A franchisee shall have a cause of printed or typewritten, and be maintained for action in Washington County Circuit Court inspection in the office of the City Recorder. All against any person providing service in the proposed rules and regulations promulgated under Tigard city limits without having a franchise in the authority of this section, and all amendments violation of Section 11.04.040. The cause of thereto, shall be immediately forwarded to the action includes . any appropriate relief, franchisee operating under this chapter for including injunctive reliet response. The franchisee shall have thirty days to respond in writing to such proposed rules and a. Notice to City Manager. Before a regulations. If the franchisee has objections or franchisee may commence a civil action, the revisions to the proposed rules, the franchisee franchisee must provide thirty days written shall meet and confer with the City Manager notice to the City Manager. The City Manager regarding the franchisees concerns. If the may elect either to enforce the provisions of concerns are not resolved through consultation this chapter in accordance with 11.04.170, or with the City Manager, then the City Manager allow the franchisee to commence a civil action shall forward the proposed rule, with the in Washington County Circuit Court against franchisees comments, to the City Council for its the person in violation of Section 11.04.040. If consideration. The franchisee may request that the City Manager fails to respond to the notice, the City Council hold a public hearing on a the franchisee may proceed with the civil proposed rule. The Council may approve the action. A franchisee may not commence a civil proposed rule as submitted, modify the rule, or action if the City Manager is pursuing reject the rule. The City Manager shall enact all enforcement actions. rules by written order. (Ord. 03-08, Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §14,1978). b. Damages. Any person providing service in the Tigard city limits without having 11.04.170 Enforcement ors. a franchise pursuant to Section 11.04.040 will be subject to the following damages: lost 1. The City Manager shall enforce the customer revenue to be paid to the franchisee, provisions of this chapter, and the City's agents, unpaid franchise fees owed to the cily pursuant including police officers and other employees so to Section 11.04.060, which shall be paid to the designated, may enter affected premises at City of Tigard, liquidated damages in the reasonable times for the purpose of determining amount of $500 for each violation to be paid to compliance with the provisions and terms of this the Ci of Tigard in lieu of imposition of the chapter. However, no premises shall be entered civil penalty : and any other legal remedies without first attempting to obtain the consent of available. The court shall award reasonable the owner or person in control of the premises if attorney fees to the prevailing party. other than the owner. If consent cannot be obtained, the City representative shall secure a c. Violations. For purposes of search warrant from the City's Municipal Court liquidated damages in subsection b, each before further attempts to gain entry, and the City incident of service provided without a franchise shall have recourse to every other remedy shall be a separate violation. Incident of provided by law to secure entry. (Ord. 03-08, Ord. service means each and every individual act of 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §13, service, as defined by 11.04.030(13), performed 1978). by the violator. For example, providing service without a franchise by hauling a drop box for a 11-04-1 Code Update: 12103 TIGARD MUNICIPAL CODE person on six occasions is six violations. d. Indemnity. The City of Tigard shall have no liability for the franchisee's attorney fees and costs incurred for electing to pursue enforcement under these provisions. Any franchisee who elects to act under this provision shall indemnify the City of Tigard in the event of any claims filed against the city arising out of the franchisee's enforcement actions brought under the provisions of this chapter. 11.04.180 Penalty. Violation by any person of the provisions of this chapter, rules adopted pursuant to Section 11.04.160, or of a permit issued pursuant to Section 11.04.105, shall be deemed a Class 1 civil infraction and shall be punishable according to the provisions set forth in Chapter 1.16 of this code. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §19,1978).M 11-04-2 Code Update: 12103 AGENDA ITEM No. 4 Date: March 13, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) - FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM NO.4 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: /D*99 he/Tqoj!:~z Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer P01- H d FF pronounce: Address 117/0 S UJ Address I 1 G Address City City State (7 Zip 2-2- 3 State Zip City Phone No. -5D3°' ~ - 3 b?' ` Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: March 13, 2007 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate rn City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: 06,, 5[!C5 Q (1-7-C Y' Also, please spell your name as it sounds, if it will help the presiding officer pronounce: ( 7~,? A G~ r Address 1:7 o (o S' W hleill izo D ~C=rte / City ~1 rU State G r'l -zip --q 7 v .fJ Phone No. Ci 3 6~ 5~( Z Y/ Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION r council mail councilman Fwd Letter from John Skourtes Regarding Median on Bonita Road Page 1 S'}~ourk_eS # 1 From: Craig Prosser G)L(nGi l m To: council mail councilmail 11-07 Date: Mon, Mar 12, 2007 11:09 AM Subject: Fwd: Letter from John Skourtes Regarding Median on Bonita Road The following is information concerning a citizen comment likely to come in on the Visitor's Agenda tomorrow night (3/10). Gus indicates what he has done in terms of working with Tri Met on this issue. We will have someone at Council who can respond to this. Gus Duenas 3/12/2007 10:56 AM Attached is the letter from John Skourtes regarding the median on Bonita Road, which will not allow left turns into or out of 74th Avenue. This was presented to Council by Trimet some months ago, together with the Main Street median. I called John after I got the letter and discussed the need for the median with him. Trimet is adding a third rail to the two already there. It will be parallel to the lower track on the west side of the crossing. I think the risk of vehicles getting hung up on the tracks is high when a left-turning vehicle blocks the through lane. That coupled with the high speeds of the commuter rail and freight trains as a result of the new tracks are the reasons for the placement of the median. He thinks it should not be placed, and if so, property owners need to be compensated. He will probably be at the Council meeting tomorrow night. I talked to Steve Witter at Trimet after I talked to John. He agreed they should have provided better notice of the median and will go ahead and send notification to the properties on 74th Avenue. He will send me whatever they prepare for that notice. Agustin P. Duenas, P.E. City Engineer City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Phone: (503) 718-2470 Fax: (503) 624-0752 gus@tigard-or.gov CC: Gus Duenas; Liz Newton; Tom Coffee FPOM : FAX NO. Mar. 08 2007 12:28PM P1 x 03 6 Z John. Skourtes 17010 S W Weir Rd Beaverton, Or. 97007 March 8, 2007 Mr. Gus Duenas City of Tigard 13125 S W Mall Blvd. Tigard, Or. 97223 Subject: 74t" Ave. Dear Mr. Duenas: It has come to my attention that TriMet might not allow left turns on to 74th Ave. going West on Bonita Rd. Why can this be contemplated when you have established industrial activity doing business along 74 h Ave? Furthermore the City spent thousands improving Bonita Rd and installing a turning lane. You should immediately put a stop to this nonsense. Does Tri Met want trucks to enter a residential district and make U-turns? Since when can the Railroad and TriMet dictate terms effecting established and developed properties inside the City of Tigard without any notice or input from effected properties and businesses., Apparently the railroad wants three new side tracks between Beaverton and Wilsonville. One new side track is contemplated between Durham Rd. and North beyond Bonita Rd. Typical over kill with other peoples monies especially when they run maximum four trains in a 24 hour period and the commuter line only operates six hours per day, five days a week. Why has the City allowed this to fester with no notice or input from affected property owners' S' ce y, n, Jo ~n Skourtes, Ph: 503-841-2410 Cop .City -ouncil M Er+ I 1 i FROM FAX NO. Mar. 12 2007 12:13PM P1 s KoLL S C v u n Ci l rn47 , 1 3 Fax: to City of Tigard City Council 503624-0752 March 12.2007 Subject: Access to 701 Ave. an established warehouse area. Please make copy of attached letter which was sent to Tri Met available to the Tigard City Council Members. I will be addressing the City Council tomorrow evening under input from Citizens of Tigard. Sincerely, John Skourtes Enclosure: 1 i I ' I i I i FROM FAX NO. Mar. 12 2007 12:14PM P2 National Safety Co. Inc. 17010 S W Weir Rd. Beaverton, Or. 97007 PH: 503-841-2710 March 9, 2007 Mr. Steven D. Witter Project Manager Tri-Met 710 N L Holladay St. Portland, Or. 97232 Subject: Proposed blocking of access to 74`h Ave from Bonita Rd. Dear Mr. Witter: We our in the process of mobilizing all of the properly owner along 74t` Ave including those that were required to pay traffic Impact Fess to Facilitate Traffic Flow. These are some of the funds the City of Tigard uses to improve roads like Bonita Rd. and now Tri Met says you no longer can make left turns off Bonita Rd. There wi 11 be no change to the width of the existing crossing because if this new side tracks is built it will be East of the existing track. The existing S.P. track is mainly used f'or switching. Therefore it will have no new impact on this crossing. The current signals are all new installed five years ago when Bonita Rd. was upgraded. Why are you changing the signals? If some other bureau is requiring this change Tri Met most protect the injured parties. Because the railroad wants three new additional side tracks does in no way mitigate our concern. Changing the existing dynamics at the Bonita Rd. crossing will create a huge potential economic loss to all of the developed warehouse business along 741' Ave... Warehouse sites need good access. MAYBE IT WILL BE TOO EXPENSIVE, TO BUILD THIS NEW S10 E TRACK AT THIS LOCATION!!!!! TriMet can not take away the economic value by their unilateral action without due process. You are mandated by Federal Law to protect the economic interests of affected property owners. AT THIS LATE DATE NOT ONE PROPERTY OWNER HAS BEEN NOTIFIED. The commuter rail project had been advertised to the Public as a viable and good project. Under the spirit of the previous statement TriMet most immediately address the concern expressed above. 'n ely / i J n Skou tes, .Pres. National Safety Co Co/' ~i~y coC"',-~ / ryc%?~c~c r City pJ 7 i6.41_0 {i ' I i MEMORANDUM TO: Honorable Mayor & City Council Agenda Item No. . G . Pa+h For Agenda of March 13.2007 FROM: Cathy Wheadeyity Recorder RE: Three-Month Council Meeting Calendar DATE: March 6, 2007 Regularly scheduled Council meetings are marked with an asterisk March 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall April 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall (Tentatively: Joint Meeting with Intergovernmental Water Board and Lake Oswego City Council) 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Monday Budget Committee Meeting - 6:30 pm, Library Community Room May 7 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 14 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 21 Monday Budget Committee Meeting - 6:30 pm, Library Community Room (If needed.) 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 28 Monday Memorial Day Holiday - City Offices Closed 29 Tuesday Fifth Tuesday Council Meeting - 7 pm, Library Community Room I:tadmkJty councih9-month calendar for 03-13-07 cc mtg.doc / Agenda Item No. • h Tigard City Council Tentative Agenda 2007 Meeting of arek ® O Meeting Date: March 13, 2007 Meeting Date: March 20, 2007 Meeting Date: March 27, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: February 27, 2007 Materials Due @ 5: March 6, 2007 Materials Due @ 5: March 13, 2007 Councilor Sherwood absent Councilor Sherwood absent Councilor Woodruff Absent Study Session Workshop Agenda Study Session Exec. Session: Pending Litigation re Joint Meeting with the Intergovernmental Review Proposed Paid Time off Policy for Measure 37 - Tim R. - 20 min. Water Board - Dennis - 30 min. Mgmt. Group Employees - Sandy - 30 min. Exec. Session: Labor Relations - Sandy -20 min. Joint Meeting with Library Board - Margaret B. - Ethics Training - City Attorney - 20 min. IGA w/Clean Water Services for Fanno Creek 30 min. - SI Measure 37 Memo - Tom C. - 10 min. Master Plan - Phil N.- 5 min. GIS Pilot Project - Bob S. - 15 min. Balloon Fest. Use of Cook Park - Admin. Proposed Community Investment Program for FY 2007-2012 - Tom C. - 30 min. Consent Agenda Consent Agenda Gang Graffiti Problem - Bill D. - 30 min. Appoint PRAB members - Dennis K. - RES IGA w/Clean Water Services for Fanno Discussion of Cross Connection Code Updates Appoint Planning Commission members - Creek Master Plan - Phil N. Dennis K. - 20 min. Dick B. - RES LCRB Award Contract for Right-of-Way Acquis. Review of FY 2007-08 Community Event Funding LCRB - Award Water Building Renovation Svcs. for Burnham St. Improvements - Gus. Requests - Bob S. - 20 min. Contract - B. Rager Receive and File Annual Solid Waste Financial Business Meeting Report - Public Works THS Student Envoy -10 min. Measure 37 Agreements - Tom C. Formation of Sewer Reimb. Dist. No. 40 (SW Ann St.) Info. Pub. Hearing - RES - Gus D. 10 min.- PPT Business Meeting Annexation Policy - Tom C. - RES - 30 min. Chamber of Commerce Rep. - 10 min. LCRB - Award Fanno Creek Park /Plaza Master Measure 37 Hearings (3) Need RTS Plan Contract - Phil. N. - 30 min. Jaywalking Ordinance - Bill D. - ORD - 10 min. Amend TMC regarding Solid Waste Mgmt. Graffiti Ordinance - Bill D. - ORD - 10 min. Enforcement Officers - Dennis K. 10 min.-ORD Exec Session re Pending Litigation - Tom C. Residential Zoning Dist. Regulations Amendment 30 min. Legis. Public Hearing - Tom C. - 30 min. Time Avail: 135 min. - Time Scheduled: 120 min. Time Avail: 200 min. - Time Scheduled: 175 min. Time Avail: 135 min. - Time Scheduled: 60 min. Time Left: 15 min. Time Left: 25 min. Time Left: 75 min. 3/6/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: April 10, 2007 Meeting Date: April 17, 2007 Meeting Date: April 24, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 Meeting Type/Time: Business/6:00 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: March 27, 2007 Materials Due @ 5: April 3, 2007 Materials Due @ 5: April 10, 2007 Study Session Workshop Agenda Study Session Exec Session-Cable Franchise -Tom C. 30 min. Enhanced Citizen Participation Update - Executive Session: Labor Negotiations Admin. - 20 mins. - SI Sandy - 25 min. Realignment of 175th - Tom C. - Need RTS Review of Proposed Revisions to City Wide State Building Values Schedule Change - Personnel Policies - Sandy - 20 min. Tom C. - Need RTS Planning Commission and Tree Board - Tom C. Consent Agenda Need RTS Adopt Paid Time Off - Mgmt. empl. - Sandy Z. CCDA - Downtown Urban Design - Tom C.-35 min. Consent Agenda LCRB - Award Aquifer Storage and Recovery Proclamation - Be Kind to Animals Week Test Well Drilling Contract - B. Rager Joanne - 5 min. Business Meeting THS Student Envoy - 10 min. Proc. National Community Development Week April 9-15 - Admin. 5 min. Business Meeting TMC Amendment regarding Cross Connection Chamber of Commerce Rep. - 10 min. Control Program Dennis K. - 10 min. - ORD 1st Qtr.Goal Update - Craig P. - 15 min.- SI Measure 37 Hearings (3) Need RTS Annual Volunteer Program Highlights Presentation Grant Cable Franchise to Verizon - ORD - - Bob R. - 25 min. - SI Tom C. - 30 min. Measure 37 Hearings (3) Need RTS Time Avail: 135 min. - Time Scheduled: 25 min. Time Avail: 200 min. - Time Scheduled: 55 min. Time Avail. 135 Time Scheduled 50 min. Time Left: 110 min. Time Left: 145 mins. Time Left 85 min. 3/6/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: May 8, 2007 Meeting Date: May 15, 2007 Meeting Date: May 22, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: April 24, 2007 Materials Due @ 5: May 1, 2007 Materials Due @ 5: May 8, 2007 Study Session Workshop Agenda Study Session Meeting with Municipal Court Judge - Liz N. / Nadine - 30 min.- SI Consent Agenda Consent Agenda Business Meeting THS Student Envoy - 10 min. Business Meeting Youth Advisory Council - Liz -10 min. - SI Chamber of Commerce Rep. 10 min. Time Avail: 135 min. - Time Scheduled: 20 min. Time Avail: 200 min. - Time Scheduled: 30 min. Time Avail: 135 min. - Time Scheduled: 10 min. Time Left: 115 min. Time Left: 170 min. Time Left: 125 min. 3/6/2007 1 Agenda Item # _ 3.3 Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title IGA with Clean Water Services (CWS) Re: Downtown Fanno Creek Park Master Plan Prepared By: Phil Nachbar Dept Head Approval: City T\Igr Approval: ISSUE BEFORE THE COUNCIL Review and approve an Intergovernmental Agreement (IGA) with Clean Water Services in providing services for restoration of Fanno Creek and its habitat as part of the master plan process for Fanno Creek Park and Plaza in Downtown. STAFF RECOMMENDATION Approve the attached IGA with Clean Water Services. KEY FACTS AND INFORMATION SUMMARY The City of Tigard is developing a master plan for Fanno Creek Park and a public Plaza in Downtown. As part of this effort, the City is coordinating the restoration of Fanno Creek, a responsibility of Clean Water Services, through this Intergovernmental Agreement. The City is responsible for developing the master plan, and Clean Water Services is responsible for performing engineering and construction to make major improvements to Fanno Creek to help restore it to a more natural condition. The issues with Fanno Creek have to do with excessive volumes and speed of water flow which has eroded and incised the banks, and destroyed the associated riparian habitat. As part of this agreement, CWS will provide three areas of assistance: technical information, permitting and construction as related to Fanno Creek improvements. Technical work includes: Conduct a site survey (including topographic, easements, and channel surveys) within the floodplain, a boundary survey of park expansion areas, a wetland delineation, a comprehensive habitat assessment, a geotechnical analysis within the floodplain, and water resource engineering analysis. CWS will provide all of the above information in coordination with the City's schedule to develop the master plan. Permitting work to be performed by CWS includes securing all necessary permits from the Division of State Lands, the Corps of Engineers, NOAA-Fisheries, Oregon Department of Fish and Wildlife, Clean Water Services, and the City of Tigard. CWS anticipates that the start of improvements to Fanno Creek would start in the summer of 2008. The City's obligations under the IGA are to: undertake the master plan including all public involvement, take actions to secure the land for the park expansion, review plans and permits as necessary and provide a park planting plan that meets CWS revegation requirements. OTHER ALTERNATIVES CONSIDERED None identified. CITY COUNCIL GOALS Implementation of Downtown and "catalyst" projects are furthered by this agreement and project. A public plaza is a listed catalyst project within the Tigard Downtown Improvement Plan. ATTACHMENT LIST Attachment 1: Intergovernmental agreement Fanno Creek Park / Plaza Master Plan and Enhancement Project. FISCAL NOTES The Downtown Fanno Creek Park Master Plan is budgeted for FY 06-07 and has been proposed for funding in FY 07-08. There are adequate funds identified for this project. CWS has allocated funds for their responsibilities under this agreement. \\tig20~netpubNtig20Nw root\fo"sNfo" docs\council agenda item summary sheet 07.doc INTERGOVERNMENTAL AGREEMENT FANNO CREEK PARK/PLAZA MASTER PLAN AND ENHANCEMENT PROJECT CLEAN WATER SERVICES AND CITY OF TIGARD This Agreement, dated , 2007, is between CLEAN WATER SERVICES (Clean Water Services) and the CITY OF TIGARD (Tigard). A. RECITALS WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary; and WHEREAS, Clean Water Services and Tigard collaborate on projects that enhance riparian and floodplain ecological functions and values, pretreat and manage storm water, and allow for sanitary sewer service, in an effort to improve water quality in the Tualatin Basin; and WHEREAS, Clean Water Services and Tigard entered into an Intergovernmental Agreement dated January 25, 2005 that articulates the procedures for working together on projects; and WHEREAS, Clean Water Services and Tigard agree to work cooperatively on the Fanno Creek Park / Plaza Master Plan and Enhancement Project, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: B. PROJECT DESCRIPTION The Project is the Master Plan for Fanno Creek Park (Park) and an adjacent public plaza (Plaza), and the Enhancement of Fanno Creek and its related habitats. Map 1, incorporated by reference as Exhibit A, outlines the Project area including adjoining lands. Major elements of the Project include: 1. Creation of a Master Plan for the Fanno Creek Park and a public Plaza and adjoining lands within the Downtown Urban Renewal District of Tigard. The Master Plan will include conceptual and schematic design for the approximately 22 acre Park and adjacent public Plaza. The Master Plan will provide for amenities, trails, bridges, a habitat restoration and planting plan. This element of the Project will be performed by Tigard and managed by Phil Nachbar. 2. Enhancement of Fanno Creek and its associated floodplain, and riparian habitat within the Park boundaries and expansion areas (Enhancement). Enhancement will include engineering design, permitting, and construction of improvements to Fanno Creek and its floodplain as identified above. Specific tasks shall include re-meandering and re-construction of Fanno Creek, creation and improvement of turtle habitat and wetlands, placement of boulders / wood for in-stream habitat complexity, repair of highly eroding banks to protect bridge and sanitary sewer infrastructure, and plant installation. This element of the project will be performed by Clean Water Services and managed by Kendra Smith. C. CLEAN WATER SERVICES OBLIGATIONS Clean Water Services will manage the Enhancement in the Park and on adjoining lands to be secured by Tigard, by completing the following activities: 1. Hire consultants to perform site survey (including topographic, easements, and channel surveys) within the floodplain, a boundary survey of park expansion areas, a wetland delineation, a comprehensive habitat assessment, a geotechnical analysis within the floodplain, water resource engineering analysis, and no-rise certification for the proposed Enhancement design. Clean Water Services' consultants will develop all plans and specifications for the Enhancement in order to construct improvements. 2. Provide all technical information generated to Tigard, to assist with the Master Plan. A schedule for delivery of technical information will be developed between the project managers prior to Tigard executing a consultant agreement for development of the Master Plan for the Project, and made an addendum to this Agreement. 3. Work with regulators and secure all necessary permits for the Project from the Division of State Lands, the Corps of Engineers, NOAA-Fisheries, Oregon Department of Fish and Wildlife, Clean Water Services, and Tigard. 4. Prepare and submit to Tigard a surface water management easement over the creek and riparian areas where Enhancement will be completed. 5. Cooperate with Tigard to integrate the Enhancement designs into the Master Plan. Clean Water Services will participate in public meetings and design discussions throughout the Project planning process. 6. Provide technical assistance and support to Tigard for any wetland or floodplain mitigation required for the Master Plan. Clean Water Services will integrate the mitigation into the design of the Enhancement where possible, obtain the permits required for such mitigation, and construct the mitigation as part of the Enhancement. If mitigation beyond what is available on site is necessary, Tigard will be responsible for such mitigation. IGA for Fanno Creek Park Master Plan and Enhancement Project 2 7. Construct the Enhancement starting in the summer of 2008 through 2009. Clean Water Services will monitor and maintain the Enhancement until it meets standards for revegetation success. Clean Water Services will also be responsible for addressing any erosion or hydraulic issues that may occur during the establishment of the stream channel enhancements. 8. Communicate and coordinate with Tigard project manager on relevant aspects of the Project. D. TIGARD OBLIGATIONS Tigard will manage the Master Plan for the Park and Plaza and adjoining lands by completing the following activities: 1. Manage the planning process for developing the Master Plan. Tigard shall hire consultants to develop conceptual and schematic design plans for the Park including trails, bridges, and all amenities. Tigard will develop specific planting plans for the Project. Conceptual plans will be developed for the Plaza, with schematic design to follow once the site has been secured by Tigard. 2. Coordinate with and compensate Clean Water Services for site survey and geotechnical analysis needed that is not part of the Enhancements C- CLIA-,-~ "-PLY, . 3. Process a surface water management easement over the Enhancement as provided by Clean Water Services. An easement is required to ensure that the Enhancement can be accessed and appropriately maintained by Clean Water Services to protect its investment. 4. Take action to secure additional lands adjoining the Park as required to implement the Project. Should lands not be available for real property acquisition, Tigard will work with Clean Water Services to secure a surface water management easement over the land needed to complete the Enhancement. Tigard shall pay for any costs associated with the easements that are requested from land owners. 5. Provide public involvement for the entire Project in the Park. Tigard will conduct all necessary public meetings for any permitting obligations. Tigard will prepare and distribute notice to park neighbors, respond to public calls regarding the Project and post signage regarding the Project along the trail routes. Tigard will close and/or manage the trail accesses for the duration of the construction of the Project to maximize the safety of citizens and staff. 6. Review the Project plans for local permitting and National Flood Insurance Program compliance. Tigard will process any necessary permits associated with achieving compliance. Tigard will facilitate permitting for the Enhancement in cooperation with Clean Water Services' timeline to the maximum extent possible. Gt-mevid-ed b d aN-nDl I A for Fanno Creek Park Master Plan and Enhancement nt Project 1= 3 ~ 3 ~ 13 .J~1 7. Provide a Park planting plan that meets Clean Water Service's revegetation standards incorporated by reference as Exhibit B, environmental permit requirements, and be in accordance with the Master Plan. 8. Communicate and coordinate with Clean Water Services project manager on relevant aspects of the Project. E. COMPENSATION The Project as outlined above will be funded by Tigard and Clean Water Services for the tasks assigned. For consulting related activities that overlap between Project elements and offer cost savings to complete all at once - such as geotechnical analysis and survey, Tigard and Clean Water Services project managers will determine a cost share in writing. Costs for Project services will be tracked by each entity and shared at the end of the Project to account for the total Project costs. Compensation to either entity, if necessary, will occur upon completion of the Project. F. GENERAL TERMS 1. Laws and Regulations. Tigard and Clean Water Services agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date of execution by both parties and shall remain in effect until the Project is complete and the parties obligations have been fully performed. 3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the others and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 4. Inte ration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. IGA for Fanno Creek Park Master Plan and Enhancement Project 4 5. Attorney. If any dispute arises concerning the interpretation or enforcement of this Agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 6. Termination. This Agreement may be terminated immediately by mutual written agreement of both parties, or by either of the parties notifying the other in writing, with the termination being effective in 30 days. 7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the Mayor and Clean Water Service's General Manager will attempt to resolve the issue. If the Mayor and Clean Water Service's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 8. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 9. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 10. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) Clean Water Services' General Manager or the General Manager's designee and, when required by applicable Clean Water Services rules, Clean Water Services' Board of Directors and 2) the Tigard City Council. 11. Choice of LawNenue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and IGA for Fanno Creek Park Master Plan and Enhancement Project 5 litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By: By: Bill Gaffi, General Manager Craig Prosser, City Manager APPROVED AS TO FORM APPROVED AS TO FORM Clean Water Services Counsel TIGARD Attorney IGA for Fanno Creek Park Master Plan and Enhancement Project 6 Agenda Item # 3,1-1 Meeting Date March 13, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of Contract for Right-of-Way Acquisition Services for the Burnham Street Improvement Project. Prepared By: G. Berry Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should City Council, acting as the Local Contract Review Board, approve a contract award to Right-of-Way Associates Inc., to provide right-of-way acquisition services for the SW Burnham Street Improvement Project? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Right-of-Way Associates Inc., to provide right-of-way acquisition services for the SW Burnham Street Improvement Project in the amount of $104,500. Staff further recommends authorization of an additional amount of $10,000 to be reserved as a contingency for the project and applied as needed as the project progresses towards completion. The total amount committed to the project is therefore $114,500. KEY FACTS AND INFORMATION SUMMARY • The preliminary design for improvements to Burnham Street from Main Street to Hall Blvd. has identified 19 properties for additional right-of-way needed to widen the street. • On June 27, 2006, City Council awarded property acquisition service contracts to Hanna, McEldowney & Assoc. and Right-of-Way Associates Inc. on an as-required basis. Right-of-Way Associates Inc. has prepared the attached proposal to provide the services required to acquire the right-of-way with a not to exceed fee of $104,500. Contracts exceeding $50,000 must be approved by the Local Contract Review Board. • Award of this proposed contract would direct Right-of-Way Associates Inc. to acquire the required right-of- way as described in the proposal. • Separate authorizations will be required for right-of-way purchases from individual property owners. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS The Burnham Street Improvement project contributes to the Tigard Beyond Tomorrow Transportation and Traffic goals of "Improve Traffic Safety" and "Improve Traffic Flow". The proposed improvements will bring the street to current standards intended to improve safety and increase capacity. Goal 2. "Continue to Support Implementation of the Downtown Plan". The proposed improvements to Burnham Street are included in the Downtown Plan. ATTACHMENT LIST Attachment 1: Right-of-Way Associates Inc. Proposal FISCAL NOTES The Burnham Street Improvement project is funded in the FY 2006 - 07 Community Investment Program through the Gas Tax Fund in the amount of $950,000. This amount is expected to be sufficient for the award of the proposed contract. IAeng\2006-2007 ty cip\hurnhem street Improvement 0353\3-13-07 rightOf-way services eis.doc Attachment 1 ROWA 10186 SW Laurel Street ,a Beaverton, OR 97005 Ph 503.644.3436 RIGHT-OF-WAY ASSOCIATES, INC. Fax 503.644.7400 www.rowainc.com January 11, 2007 Index 06-041-000 City File No.: 0353 Vannie Nguyen, P.E. City of Tigard - Engineering 13125 SW Hall Boulevard Tigard, OR 97223 Subject: Proposal for R/W Services for the Burnham Street Project 0353) Dear Vannie, Right-of-Way Associates is pleased to respond to your request for a proposal to provide right-of-way acquisition services for the above referenced project. Our understanding of the scope of work and services follows: • Acquisition management and coordination • Title coordination Coordination of appraisal services Acquisition negotiation • Closing activities A summary of estimated professional fees and direct costs is attached as Exhibit "A". The tasks required to complete the work are described on the attached Exhibit "B." The assumptions upon which the costs are based are described in Exhibit "C." Right-of-Way Associates is prepared to provide the above referenced services based on the scope of work and noted assumptions for an amount not-to-exceed $104,500.00. During the course of the project, itemized invoices reflecting actual labor time and costs will be submitted against this not-to-exceed amount. We will begin work immediately upon receipt of notification to proceed. Please contact me by phone at 503-644-3436, by fax at 503-644-7400, or by mail at 10186 SW Laurel St, Beaverton, OR 97005 with your questions or concerns. My e-mail address is: david(aD-rowain c.com. Sincerely, R. David Feinauer, President Page 2 of 7 EXHIBIT "A" Estimate of Project Costs Personnel Costs Hours x Rate $ = Cost Project Manager 41.00 x 100.00 = $4,100.00 Project Coordinator 196.00 x 80.00 = $15,680.00 Acquisition Agent 405.00 x 80.00 = $32,400.00 Support Staff 200.00 x 48.00 = $9,600.00 Clerical Staff 4.00 x 32.50 = $130.00 Estimate of Personnel Costs = $61,910.00 Direct Costs Cost Appraisals $42,000.00 Mileage $387.20 Postage $178.82 Estimate of Direct Costs = $42,566.02 Total Project Costs $104,476.02 Total Project Costs (Rounded) $104,500.00 Page 3of7 EXHIBIT "B" ► ACQUISITION MANAGEMENT AND COORDINATION Provide management services by performing the following activities: • Identify key issues • Schedule work phases to meet deadlines • Oversee and coordinate administration of services • Monitor project budget • Assure compliance with State and City standards Monitor negotiation progress • Provide status reports • Identify prospective relocation issues Attend Open House and project meetings Send Introductory letter to property owners ► TITLE COORDINATION Provide title coordination services by performing the following activities: • Obtain property owner and tax assessor information for parcels • Identify parcels and set up a project parcel numbering system • Furnish property ownership data to other subcontractors as required • Obtain and review preliminary title reports and special exceptions for the subject properties to verify interests and condition of ownership ► APPRAISAL COORDINATION • Identify and contract with an appraiser qualified to perform the necessary tasks • Identify the appraisal problem and devise a scope of work • Make assignments and issue notices to proceed • Provide necessary documentation, information, and clarifications for appraiser's use • Coordinate appraisal work to be consistent w/ project schedule and client needs • Submit draft of the project description and impact to be used in the appraisal reports to the City for review prior to preparation of individual property appraisal reports • Examine appraisals submitted by sub-consultants prior to submittal to client • Process and transmit appraisal reports to City for administrative review and approval ► APPRAISAL SERVICES • Obtain complete appraisals prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), and presented in a narrative summary format which values the property rights to be purchased. Steps to be performed in this process include the following activities: • Review title reports for the subject properties to verify interests and condition of ownership Page 4 of 7 Provide ORS 35.346 compliance for owner contact and offer an opportunity to inspect the property with the appraiser • Conduct property inspections and owner interviews Research comparable sales and other data from available sources Confirm sales prices and other market influences on value with owners, developers and others familiar with the market Estimate value for the subject properties and the rights to be taken Consider the impact of the acquisition as it may relate to damages to the remainder Examine cost to cure measures, if any, which might mitigate these damages Describe the findings and establish an estimate of Just Compensation for the acquisition at each property ► REAL PROPERTY ACQUISITION Conduct acquisition negotiations to meet the requirements of the State of Oregon, and the City of Tigard guidelines. Steps to be undertaken include the following activities: • Create and maintain files to preserve documents and a record of the negotiations Document property owner contacts as required by State law Prepare the appropriate documents, including incorporation of legal descriptions provided by others, proper signature blocks and acknowledgment formats Prepare offer letters and other communications Explain the offer to the owner or their representative Meet with the owner or owner's representative and address all issues created by the acquisition Coordinate efforts with legal counsel, engineering staff and owner(s); ensure a clear understanding and a workable agreement between all parties of interest Notarize documents when required ► Assistance with the Condemnation Process When voluntary agreement is not possible to obtain, provide the following services: Send or deliver an irrevocable offer of purchase to the owners Prepare and provide necessary information relative to negotiations and the appraisals to the attorney representing the City if there is an action ► PROPERTY ACQUISITION CLOSING ACTIVITIES Provide closing services by performing the following activities: • Review and forward acquired conveyance documents to City for acceptance and recording • Provide copy of recorded documents to property owners • Provide duplicate parcel files to City Page 5 of 7 EXHIBIT "C" ► TITLE ASSUMPTIONS That the City will obtain and provide a preliminary title report or lot book/sort report with copies of the special exceptions ensure knowledgeable review of the condition of title and use by ROWA and the appraiser. That project takings will not require clearing title and obtaining partial release of mortgage and that purchases will not be closed in escrow. If determined later in the project that these services are needed, they will be added by contract amendment and at a cost to be determined later. That the City will provide approved document formats for use in acquiring property rights and transferring title. That the City will be responsible for the recording of acquisition documents and will bear all costs associated with recording activities. That the City will be responsible for the cost of additional title insurance if desired above the policy minimums. ► APPRAISALIVALUATION ASSUMPTIONS That appraisals of partial takings and temporary easements from 19 properties will be required. That the property being purchased is to be used for a designated pubic project, and that the appraisal will not consider the impact of the project on the value of the property in the before condition. That a narrative appraisal report describing a complete appraisal, delivered in a Summary format and based on a Taking and Damages Valuation assumption will be provided to the City. That the acquisition is being performed without federal funds and that the appraisal will be reviewed administratively by City personnel instead of by a formal appraisal review. That the City may determine the need for the formal review of appraisals on a per parcel basis, and that the scope of work will be amended to include this activity later in the project as needed and at a cost to be determined at that time. That the appraisal costs provided in this proposal are based on assumptions which may later be found to be invalid as to the scope and extent of the . appraisal problem. In the event that such a discrepancy is discovered, discussions with the City will be initiated by ROWA in order to obtain agreement and approval of any changes to the scope and/or fee for the appraisal. That if it is determined by the appraiser, through research and investigation of the appraisal problem, that before and after appraisal research and reports are needed at a parcel, this increase in scope will be added by contract amendment at a cost to be mutually agreed on after the new scope of the appraisal is identified. That any additional appraisal work outside the scope outlined in this proposal, or subsequent updates of appraisals provided under this proposal, will be provided under a separate agreement or an extension of the agreement to Page 6of7 provide the above services. That appraisal services will be subcontracted by ROWA to Arvidson & Associates on a fixed fee basis, which will be billed to the City with no service markup. That the acquisitions are part of a public project and appraisal services will conform to ORS 35.346 in that owners will be provided a 15 day letter as provided in the legislation. That any pre-trial preparation or court testimony will be provided under a separate agreement or an extension of the agreement to provide the above services. ► NEGOTIATION ASSUMPTIONS That preliminary contacts and permission to perform soil, survey and other research will not be required. That the. City will provide legal descriptions and a clear sketch/plan showing the taking areas and construction activities to be performed. Unless otherwise specifically described herein, the property acquisition services do not include efforts to determine or achieve compatibility of the intended use of the property with land use laws and zoning. Therefore, activities such as obtaining land use compatibility statements, actions seeking zoning changes or modifications to urban growth boundaries, and interface with land use regulatory agencies will not be conducted. That the City will provide legal counsel, survey services or other required studies. That negotiation will take place with 19 property owners for partial fee takings and temporary easements. That negotiation will not be required on City of Tigard or Tigard Water District property. ► GENERAL ASSUMPTIONS That ROWA staff will be required to attend one public meeting (open house). That two members of the ROWA staff will attend up to 5 project meetings with City or engineering staff. That this cost and scope proposal will be attached and incorporated into the contract services agreement. That ROWA will assume responsibility for all telephone, computer and other minor and miscellaneous costs incurred by ROWA staff during the project. That the costs of standard and certified mailing for the project will be billed to the City. That mileage expenses will be charged at the current federal mileage rate during the project. That the costs indicated constitute a reasonable estimate of the time required to perform the work, but that this estimate is given as a total for all services, the individual parts of which may vary due to project circumstances. That in the interest of time, and with project manager concurrence, some preliminary work may occur in advance of issuance of the purchase order, including file set up, property trio orders for OTAK, and project meeting attendance. These activities are .included in this cost proposal and began Page 7 of 7 August 7, 2006. The contract effective date should reflect the verbal authorization to provide these preliminary services. That our billing rates for personnel are based on the fee schedule shown following: Project Management and Coordination $100.00/hour for project management services $80.00/hour for project coordination services Technical Services $80.00/hour for appraisal management services $80.00/hour for acquisition agent services Support Services $48.00/hour for support services $32.50/hour for office clerk services Agenda Item # Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Formation of Sanitary Sewer Reimbursement District No. 40 (,SW Ann Streetl Prepared By: G. Berm Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve the formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program? STAFF RECOMMENDATION Approval, by motion, of the attached resolution forming the Reimbursement District. KEY FACTS AND INFORMATION SUMMARY • The proposed project would provide sewer service to nine lots along the south side of SW Ann Street. • Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. • On February 22, 2007, staff held a neighborhood meeting for owners to review the project procedure, construction schedule and estimated costs. Nine people representing five owners attended the meeting and were generally supportive of the project. However, the owners were concerned about the reimbursement fee being higher than the fee for other districts. The higher fee is the result of the sewer only serving the south side of Ann Street since the lots on the north side are currently served by a sewer along their back lot line. This leaves the lots on the south side with the entire cost of the sewer instead of sharing the cost with the lots on the other side of the street. The owners believe that there is an easement along their back lot line intended for a sewer that could serve their lots as well as the lots immediately south and fronting onto Walnut Street. This is an easement similar to the easement that serves the lots on the north side of Ann Street. The owners expected that a similar sewer would be installed in this easement with the cost of construction shared with the lots on the south side of the easement. Construction of this sewer is no longer feasible since houses and other improvements obstruct access. In addition, current City design standards prohibit back lot line sewers unless service from the street is not feasible. Since this sewer was not constructed, the lots on the south side of the easement were provided with sewer service from sewers installed in Walnut Street in 2001 through Sewer Reimbursement District No. 18. The owners believe that the installation of sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a sewer and now request relief by reducing the reimbursement fee by one-half. Because of these changed circumstances and reasonable reliance on being able to share the cost of sewer construction, staff recommends approval of this request. The letter informing the owners of the recommendation is attached. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. • Another resolution to finalize the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED Form the District but assess the full project cost for reimbursement. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project is part of the Citywide Sewer Extension Program established by City Council to provide sewer service to developed but unserved residential areas in the City. It meets the Tigard Beyond Tomorrow Growth and Growth Management goal of "Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community." Sewer service enhances the environment and protects the health of the residents by providing for the closure of septic systems 40 to 50 years old. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Notice to Owners Attachment 4- Mailing List Attachment 5- Letter to Owners Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The estimated cost of the project is $286,709. This amount includes the estimated cost of construction plus an amount for the administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. i:teng12006-2007 y dp%ann st reimbursement distVorrnationt3-13-07 reim dst 40 ais.doc ANN STREET Attachment 2 DISTRICT NO. 40 FY 2006-07 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M. W LYNN Q ~ Q L Y N ST ST N z W ~ Q ~ h wA~N~r sr Q ~ PAN VICINITY MAP NTS Attachment 3 February 23, 2007 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, March 13, 2007 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 WILL CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 40 (SW Ann Street) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Ann Street. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503-718-2468 or at www.tigard-or.gov. I:\engt2006.2007 fy dplann St reimbursement dist\fonnation\3-13-07 rdm dst 40 notice 1.doc Proposed Sanitary Sewer Reimbursement District No. 40 (SW Ann Street) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the February 22, 2007, neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution No. 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee, currently $2,735, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. ANN STREET DISTRICT NO. 40 FY 2006-07 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SW 1/4 SECTION 3 T2S R1W W.M. L e NN T N Z W Q N UT 5~ \ ~1 PAN VICINITY MAP NTS I:\eng\2006-2007 fy cip\ann st reimbursement dist\tonnation\3-13-07 notice 1 reim disc 40 letter.doc Attachment 4 TAX ID OWNER MAILING ADDRESS CITY STATE ZIPCODE 2S103BA00101 VANSANT JEFFREY 12070 SW ANN ST TIGARD OR 97223 2S103BA00102 ZARR JAMES A AND DONA J 12010 SW ANN ST TIGARD OR 97223 2S103BA00103 ANDERSON EDWARD L & MARY ANNE PO BOX 23593 PORTLAND OR 97281 2S103BA00104 HUTCHISON PERRY C 11890 SW ANN ST TIGARD OR 97223 2S103BA00105 PROCTOR TIFFANY A & PATRICK E 11830 SW ANN ST TIGARD OR 97223 2S103BA00106 PARSONS JOE P MARLYNN 11770 SW ANN ST TIGARD OR 97223 2S103BA00107 POTTHOFF ROGER & MARY PO BOX 23968 PORTLAND OR 97281 2S103BA00108 SPRAGUE MICHAEL M 11650 SW ANN ST TIGARD OR 97223 2S103BA00109 BANKS RICHARD L 11590 SW ANN ST TIGARD OR 97223 ATTACHMENT 5 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 i ' spa D` To: Owners in Proposed Seer District No. 40 (Ann Street) Subject: Proposed Fee Reduction At the February 22, 2007, Neighborhood Meeting, owners expressed concern about the high cost of the project and requested that the portion of the cost assigned to each owner be reduced by one- half. City staff will recommend that City Council approve this request following a hearing at its March 13, 2007, meeting. Public comments will be requested during the hearing as described in the notice mailed to you on February 23, 2007. The tables of the cost to each owner have been revised to show the recommended reduced fee and are attached. These tables should replace the tables you received with the hearing notice. The "Estimated Full Reimbursement Fee" column shows the full fee as previously proposed. The "Estimated Recommended Reduced Fee" shows a fee reduced by one-half. This is the fee that Council will be requested to approve. You will be notified of City Council's decision. In the meantime, if you have questions, please call 503-718-2468. iAeng%2006-2007 ty ciplann st reimbursement dishformationVetter.doc Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 01--4(P A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted-in accordance with TMC-Section 13:09.-l-05 or-by-two-years-- from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.O1- -p Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 .PASSED: This ~ L - day of 2001. ayor Ci of and ATTEST: LAi i Recorder - City of and JACitTMde\ResUResolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01-±& Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106TH & JOHNSON No.12 5,598 No reimbursement available 100' & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No. 16 8,000 July 11,2003 OWARA No. 17 8,000 July 11,2003 WALNUT & 121sr N0.18 - Amount to be reimbursed will be Thrco years from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 7 i CITY OF TIGARD, OREGON RESOLUTION NO. 03-,r25 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03- Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. A PASSED: This 1-~ day of ~L 2003. Craig E. Dirksen, Council President ATTEST: v - City Recorder - City of Tigard L%-rg~QmgVeimbursemere OMrkfsVwlsbns res oi-ae aw ze 03bct 14 W counanio-u-w aoamoo to res 1-4e res.ooc RESOLUTION NO. 03- Page 2 Reimbursement District No. 40 1S' ~k;Ann Street F gmation of Sanitary Sewer Reimbursement District No. 40 9 lots in the SWAnn Street) proposed district a, r~ March 13, 2007 . Reimbursement District No. 40 11SWA`nn Street etings Conducted e• Sewer service will be provided to 9 lots ,o Neighborhood meeting Other lots in the area have been served AConducted February 22, 2007 at City Hall -Via sewer line between lots north of Ann Street AStaff reviewed project details with these owners t•Via sewer line installed on Walnut Street by AOwners were generally supportive of the project Sewer Reimbursement District No. 18 AOwners requested that the reimbursement fee be •:•Completes service in the Ann Street area reduced by one half 4 Reimbursement District No. 40 Retmbursement District No. 40 > `-"Ann Street nn Street Estimated Project Cost for 9 lots: $286,709 Existing : Reimbursement Fee (Per Owner) gnu Sewer A$2.077 per square foot (full rate) • $1.039 per square foot (recommended rate) l r r s Reimbursement District 40 (SW Ann St.) 1 Reimbursement District No. 40 Reimbursement District No. 40 "SW Ann Street SW Jnn Street Incentive Program In addition, each owner pays the following: AReduced to $6,000 to the extent that it does not A$2,735 connection and inspection fee, which exceed $15,000 if connection is made within funds treatment facility construction three years after service becomes available Amount over $15,000 can be deferred upon A $50 (average) service charge per two months for request until development occurs operation and maintenance of the entire system 411 costs to connect to the lateral installed through this project 7 µ Reimbursement District No. 40 S Ann Street Staff Recommendation Project will be constructed this spring Final costs will be based on actual That Council approve the resolution forming construction costs plus 13.5% engineering Reimbursement District No. 40 (SW Ann Street) with the requested fee reduction. and inspection fees Finalization of the district will be brought back to Council after all work is completed and actual costs are known 10 Reimbursement District 40 (SW Ann St.) 2 Agenda Item # Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consideration of Council Resolution Setting Out Specifics of a City Annexation Policy Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council adopt an "Annexation Policy Resolution" to guide City actions relating to annexation of territory within the Tigard Urban Services Area? STAFF RECOMMENDATION Adopt the proposed Annexation Policy Resolution. KEY FACTS AND INFORMATION SUMMARY The City Council has twice discussed this specific issue - first at a January 17, 2006 workshop and again at a February 13, 2007 business meeting. In 2006, Council determined that the City should have a neutral approach towards annexation. In other words, the City would neither promote nor discourage annexation. Instead, Council's position was that the City would receive and process annexation applications as they occurred. However, to lessen the financial burden on applicants, Council approved waiver of the annexation fee for the period July 1, 2006 to July 1, 2008. On February 13, 2007, Council discussed a number of issues associated with annexation, including the following: a) the City / County Urban Planning Area Agreement requires annexation if new or existing development needs city services; b) there are many benefits of being in the City and on this basis the City should build positive relationships with those interested in annexation; c) the City should communicate directly to the many unincorporated property owners that have expressed interest in annexation; d) the City should work to resolve its irregular and confusing municipal boundaries; e) the City should not use methods to annex land against the wishes of property owners unless it is necessary for the community's well-being; e) the City should offer incentives to annex including waiver of annexation fees and phase-in of increased property taxes; 0 each annexation should be evaluated on its own merits. At the February 13, 2007 meeting, staff was directed to integrate Council's discussion into a resolution that spells out an approach to annexation that is more "constructively" proactive than in the past. Council also wishes to revisit the annexation policy in approximately a year's time and make changes if warranted. In response, the appended resolution (Attachment 1) is proposed. Council is requested to note that staff has incorporated another essential point about annexation that was touched upon at the February meeting, but which has been talked about at length in different venues over the last several months. This is, "Tigard shall work with other cities, Washington County, Metro and the state to promote regional and statewide policies and actions that recognize that logical, efficient and economically sustainable urban development can best occur in existing incorporated cities." This is consistent with Council's 2007 goal to increase Tigard's involvement with other agencies and jurisdictions. OTHER ALTERNATIVES CONSIDERED No other alternatives were considered. CITY COUNCIL GOALS • Improve Council /Citizen Communications • Increase Tigard's involvement with Washington County, Metro, State, ODOT, Tri-Met, and Federal government ATTACHMENT LIST Attachment 1: Proposed Tigard City Council Resolution FISCAL NOTES Council requested information about phasing-in of City property taxes when property is annexed. The following outlines the basics of how this can occur. Oregon Administrative Rule (OAR) 150-222.111 provides for phasing in of property taxes and sets out the process. The City is required to notify the assessor's office that taxes are to be phased in for annexed property and of the tax ratio it wishes to be applied. The Assessor in turn establishes separate tax-codes for territory subject to "phased" property taxes. If the City wishes to phase-in the City's property tax rate over a period of time; for example three years, it would notify the Assessor that an newly annexed property shall pay an proportional increment of property taxes each year. For instance, the City could request the County levy 50% of the City's tax-rate the first year; 75% the second and 100% the third year. When cities have general obligation (GO) bond levies, as Tigard does for the new library, phased in levy taxes are calculated using the same general methodology applicable to the permanent tax rate. The attached resolution proposes that properties which annex to the City between March 13, 2007 and February, 2008 be eligible for a three year tax phase-in. A year's time gives Council the opportunity to assess the effectiveness of the effort and make changes as part of its annual review of the City's annexation policy. Agenda Item # V Meeting Date March 13, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of Downtown Fanno Creek Parkk I Plaza Master Plan Contract Prepared By. Phil Nachbar Dept Head Approval: City Mgr Approval 02 ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Award a contract to Walker Macy in an amount not to exceed $205,000.00 for professional design services to prepare a master plan for Fanno Creek Park and a public Plaza in Downtown. Authorize the Qty Manager to execute a professional services contract with Walker Macy for design services. STAFF RECOMMENDATION Award a contract with Walker Macy as the prime consultant to develop a master plan for Downtown Fanno Creek Park and a public plaza in an amount not to exceed $205,000.00. KEY FACTS AND INFORMATION SUMMARY In its workshop on November 21, 2006, Staff provided an overview of the Request for Proposals process for Fanno Creek Park and a public plaza in Downtown. The Downtown Implementation Strategy adopted by Council in August 2006 identifies the development of a master plan for Fanno Creek Park and a public plaza as a key project for the fiscal year. The Tigard Downtown Improvement Plan accepted by Council in September of 2005 includes the plaza as a "catalyst" project intended to provide a central public gathering space for the community, provide a landmark and identity for the community, and help stimulate new investment in the Downtown. The park and plaza projects are both included as Urban Renewal Projects within the City Center Urban Renewal Plan adopted by Council in December 2005 and approved by voters in May 2006. Preparing a master plan for the park and plaza will allow the City to develop a specific set of design plans for the park and plaza, prioritize improvements, identify funding needed, and evaluate the potential for development opportunities adjoining the plaza. The master plan will clarify the land area and costs needed for a public plaza. The project will develop plans to a schematic design level, meaning it will be designed so that eventual construction will be possible. The City issued a Request for Proposals to develop a master plan in November 2006, and received ten (10) proposals. Staff sought to encourage the best design talent in the United States to bid on the project. There was strong interest in the project among design firms due to its complexity and unique design challenges. There were ten firms, with three outside of Portland, that originally submitted proposals to the City of Tigard: MIG, Inc, The Portico Group (Seattle), EDAW, Inc. (Seattle), Macleod Reckord (Seattle), Viridian, Murase Associates, Lloyd Lindley & Associates, ALTA, Greenworks, Inc., and Walker Macy. A selection committee made up of three City staff, a representative from Clean Water Services, a member of the Planning Commission and the Chair of the City Center Advisory Commission (CCAC), evaluated the proposals and conducted interviews of the top five (5) firms. The two citizen commission members provided input but did not have a vote in the final decision. The selection committee recommends Walker Macy to be the prime consultant for the project. The firm demonstrated depth and experience in all areas relevant to Tigard's design challenges; ecological restoration, urban design and redevelopment, and public plazas. The firm has extensive experience in park and plaza design and has designed many key public spaces in Oregon including Riverfront Commemorative Park in Corvalis, South Waterfront Park in Portland, the recent PSU Urban Plaza in Portland, and is developing the South Waterfront Greenway Plan for Portland. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Tigard Beyond Tomorrow Vision Goals, Strategies, or Action Plan items: Goal No. 2) The downtown will provide a gathering place for the community and honor the sense of a small town/village. Strategy No. 1) Develop the gathering place identified on the Tigard Downtown Improvement Plan (TDIP). Planned Actions: Development of downtown place for events will be high priority when the Tigard Downtown Improvement Plan ('I'DIP) is finished. ATTACHMENT LIST None. FISCAL NOTES Funding for this project has been established with use of parks SDC's funds. Funding would occur through the FY 06-07 and FY 07-08 budget year. The cost of the project is approximately $170,000.00 plus a 20% contingency. A final cost will be negotiated with the consultant pending approval by the Local Contract Review Board. \\Iig20\inelpub\tig20\w root\torms\torm docs\Icrb agenda item summary sheet 07.doc EXHIBIT B APPENDIX D: Landscape Requirements (from Clean Water Services 2004 Design and Construction Standards) 1.0 INTRODUCTION 1.1 Jurisdiction Clean Water Services (District) recognizes the importance of the water quality Sensitive Areas, Vegetated Corridors, and Storm Water Infrastructure that, along with the Tualatin River, fall under its jurisdiction. To improve water quality and preserve aquatic species, and meet the intent of both the federal Clean Water and the Endangered Species Acts, the District developed the following requirements for landscape management. Most Sensitive Areas are also regulated by the Division of State Lands (DSL) and the U.S. Army Corps of Engineers (Corps). In the event of permitted mitigation, planting plans for these areas shall follow DSL and Corps guidelines and approved plans. Vegetated Corridors and Storm Water Facilities are regulated by the District and the plans and management strategies for these areas shall follow the steps outlined in this document. Alternative plans and management strategies may be approved by the District. 1.2 Professional Assistance Revegetation in Sensitive Areas, Vegetated Corridors and Storm Water Infrastructure should facilitate succession toward low maintenance native plant communities. Consultation with a professional landscape architect, ecologist, or horticulturist knowledgeable in native plants is highly recommended when preparing plans. Satisfying the landscaping requirements may require the services of a registered landscape architect. See ORS 671.310 through 671.459. Non-native, invasive plant management and wildlife damage management strategies are provided in Clean Water Services Integrated Vegetation and Animal Management (IVAM) Guidance. Especially challenging management situations may require assistance from a landscape maintenance contractor or a wildlife biologist. 2.0 REVEGETATION METHODS Successful revegetation is critical to the proper function of Sensitive Areas, Vegetated Corridors and Storm Water Infrastructure for the benefit of water quality and quantity management, and aquatic species preservation. This Appendix aids professionals, the development community, and field crews in planning, designing and implementing successful revegetation projects in these areas. This document guides design decisions to promote successful planting efforts, while allowing flexibility to address opportunities and constraints at each site. When developing revegetation plans, four major components shall be addressed: hydrology, soils, plant materials, and maintenance. Document the following steps in preparing the landscape plan: Step 1: Assess Hydrologic and Hydraulic Conditions a) Determine the frequency and duration of water inundation (including appropriate elevations) of the revegetation area. Watershed hydrology and hydraulic models for major streams are available from the District. In some cases, current site conditions (i.e. wetland presence) will suffice. For Storm Water Infrastructure, the models used to design and size the facility shall be used to determine frequency, duration and surface water elevations within the facility. b) Assign appropriate hydrologic zones to the revegetation area and apply them to the plan. Most project sites include one or more of the following planting zones with respect to hydrology during the growing season: • Wet (standing or flowing water/nearly constant saturation; anaerobic soils) • Moist (periodically saturated; anaerobic and/or aerobic soils) • Dry (infrequent inundation/saturation, if any; aerobic soils) C) Identify and map wet, moist and dry planting zones. Step 2: Assess Soil Conditions and Assign Appropriate Preparation Specifications to Plans a) Determine the organic content and non-native, invasive seed bank likely in the soil. For most Storm Water Facilities, the soil is often high in clay, gravel, or minerals devoid of topsoil and organic material, and/or high in non-native, invasive weed content. The conditions in Sensitive Areas and Vegetated Corridors vary greatly. b) For upland sites with at least one foot of native topsoil, but containing a non- native, invasive seed bank or plants, remove the undesirable plants, roots, and seeds (see IVAM Guidance) prior to planting. C) For upland sites with less than one foot of topsoil and invasive, non-native seed bank or plants that have become established, remove the undesirable plants, roots, and seeds (see IVAM Guidance) prior to adding topsoil. The sub-grade in these areas shall be tilled to a depth of at least four inches and at least 12 inches of clean compost-amended topsoil shall be added. In the event of floodplain grading, over-excavation of the sub-grade shall occur to ensure that the 12 inches of topsoil can be applied without impacting surface water elevations. The compost- amended topsoil shall have the following characteristics to ensure a good growing medium for the selected plants: • Texture - material passes through one-inch screen • Fertility - 35% organic matter d) For wet areas in Sensitive Areas and Storm Water Infrastructure, the soil conditions shall be hydric or the grading designed to hold sufficient water to promote hydric soil formation. For some bulb and tubers, the addition of organic muck soil will improve plant establishment. e) Where necessary for erosion control or organic matter enhancement, additional leaf compost may be placed uniformly on topsoil. (Refer to Erosion Prevention and Sediment Control Planning and Design Manual, December 2000.) Other amendments, conditioners, and bio-amendments may be added as needed to support the specified plants or adjust the soil pH. Traditional fertilization techniques (applying N-P-K) are not necessary when using native plants. Step 3: Identify Plants to be Preserved, Select Revegetation Plant Materials, Quantities, Placement and Assign Planting Zones and Specifications to Plans a) Preservation: Every effort shall be made to protect a site's existing native vegetation. Native vegetation along Sensitive Areas and Vegetated Corridors shall be retained to the maximum extent practicable. b) Selection: Plant selection shall be from a native species palette and shall consider site soil types, hydrologic conditions, and shade requirements. A detailed list of common native plant community types appropriate for planting Sensitive Areas, Vegetated Corridors and Storm Water Infrastructure is provided in Table 1. Upon approval from the District, limited use of non-invasive non-native plants may be permitted in highly urbanized settings such as regional town centers. Planting restrictions are limited to the following: (1) Deep rooting trees and shrubs (e.g. willow) shall not be planted on top of concrete pipes, or within 10 feet of retaining walls, inlet/outlet structures or other culverts; and (2) Large trees or shrubs shall not be planted on berms over four feet tall that impound water. Small trees or shrubs with fibrous root systems may be installed on berms that impound water and that are less than four feet tall. C) Quantities: Trees shall be planted at 10 feet on-center; shrubs shall be planted at four feet on-center. See Table 1 for on-center requirements for herbaceous species. The following equations shall be used to calculate planting densities on a per acre basis. • Total number of trees per acre= area in square feet x 0.01 • Total number of shrubs per acre = area in square feet x 0.05 • Groundcover = plant and seed to achieve 100% areal coverage d) Placement: Plant placement shall be consistent with the form of the naturally occurring plant community. Trees and shrubs shall be placed in singles or clusters of the same species to provide a natural planting scheme. The grouping size and plant quantity is dependant on the species being planted, their respective sizes, and on the size of the revegetation area. Overseeding of the revegetation area shall occur with native seed mixes appropriate to the plant community and hydrologic zone in which it is being applied (see Table 1: Plant Communities for Revegetation). The plant placement and seeding shall promote maximum vegetative cover to reduce the area available for weed establishment. Step 4: Determine Plant Installation Requirements and Assign Specifications to Plans a) Timing: Plantings shall be installed between February 1 and May 1 or between October 1 and November 15. When plantings must be installed outside these times, additional measures may be needed to ensure survival and shall be specified on the plans. b) Erosion Control: Grading, soil preparation, and seeding shall be performed during optimal weather conditions and at low flow levels to minimize sediment impacts. Site disturbance shall be minimized and desirable vegetation retained, where possible. Slopes shall be graded to support the establishment of vegetation. Where seeding is used for erosion control, either Regreen (or its equivalent) or sterile wheat shall be used to stabilize slopes until permanent vegetation is established. Biodegradable fabrics (coir, coconut or approved jute matting (min. 1/4" square holes)) may be used to stabilize slopes and channels. Fabrics such as burlap may also be used to hold plant plugs in place and to discourage floating upon inundation. No plastic mesh that can entangle wildlife shall be permitted. Consult Clean Water Services' Erosion Prevention and Sediment Control Planning and Design Manual (December 2000) for additional information. C) Mulching: Trees, shrubs, and groundcovers planted in upland areas shall be mulched a minimum of three inches in depth and 18 inches in diameter, to retain moisture and discourage weed growth around newly installed plant material. Appropriate mulches include those made from composted bark or leaves that have not been chemically treated. The use of mulch in frequently inundated areas shall be limited, to avoid any possible water quality impacts including the leaching of tannins and nutrients, and the migration of mulch into waterways. d) Plant Protection from Wildlife: Depending on site conditions, appropriate measures shall be taken to limit wildlife-related damage (see IVAMGuidance). e) Irrigation: Unless site hydrology is currently adequate, a District/City approved irrigation system or other water practice (i.e., polymer, plus watering) shall be installed and used during the three-year plant establishment period. Watering shall be provided at a rate of at least one inch per week between June 15 and October 15. f) Access: Maintenance access for plant maintenance shall be provided for Sensitive Areas and Vegetated Corridors via a five-foot easement or shared boundary with Storm Water Infrastructure. Storm Water Infrastructure access requirements are provided in Appendix B: Water Quality and Quantity Facility Design. Step 5: Determine Plant Monitoring and Maintenance Requirements a) Monitoring: Site visits in the spring and fall will likely be necessary to assess the status of the plantings, irrigation, mulching, etc. and to avoid failure of revegetation effort. b) Weed Control: The removal of non-native, invasive weeds shall be necessary throughout the maintenance period, or until a healthy stand of desirable vegetation is established (see IVAM Guidance). C) Plant Replacement and Preservation: Installed plants that fail to meet the acceptance criteria (see Chapter 2) shall be replaced during the maintenance period. Prior to replacement, the cause of loss (wildlife damage, poor plant stock, etc.) shall be documented, corrected and the plants replaced. Step 6: Prepare Construction Documents and Specifications The construction documents and specifications shall include: a) Sensitive Area boundaries and Vegetated Corridor boundaries b) Site Preparation plan and specifications, including limits of clearing, existing plants and trees to be preserved, and methods for removal and control of invasive, non-native species, and location and depth of topsoil and or compost to be added to revegetation area c) Planting plan and specifications: i. planting table that documents the common name, scientific name, distribution (zone and spacing), condition and size of plantings, ii. installation methods for plant materials, iii. mulching, iv. plant tagging for identification, v. plant protection, and vi. seeding methods, rates, and areas d) Irrigation plan and specifications, including identification of water source, watering timing and frequency, and maintenance of the system e) Maintenance schedule; including responsible party and contact information, dates of inspection (minimum three per growing season and one prior to onset of growing season) and estimated maintenance schedule (as necessary) over the three year monitoring period f) Access points for installation and maintenance including vehicle access if available g) Standard drawing details (north arrow, scale bar, property boundaries, project name, drawing date, name of designer and property owner). Table 1: Plant Communities for Revegetation Q 00 eG °C1 0 ~ Ga~e~ Q.eQJ eaJ~ c ~ c ~ key Plant Commiunities Riparian Forest (RF) Red alder (Alnus rubra) O Tree Moist Sun 1 gal 3' 10' Western red cedar (Thuja plicata) O Tree Moist Shade 2 gal 2' 10' Western hemlock (Tsuga heterophylla) O Tree Moist Part 2 gal 2' 10' Red elderberry (Sambucus racemosa) O Shrub Moist Part 1 gal 1.5' 4-5' Black twinberry (Lonicera involcrata) Shrub Moist Part 1 gal 1.5' 4-5' Highbush cranberry (Viburnum edule) Shrub Moist Part 1 gal 1.5' 4-5' Red-osier dogwood (Corpus stoniferia) O Shrub Wet Part 1 gal 2' 4-5' Indian plum (Oemleris cerasiformis) O Shrub Moist Shade 2 gal 2' 4-5' Swamp rose (Rosa pisocarpa) Shrub Moist Part 1 gal 1.5' 4-5' Pacific ninebark (Pysocarpus capitatus) Shrub Moist Shade 1 gal 2' 4-5' Snowberry (Symphoricarpos albus) O Shrub Dry Part 1 gal 1.5' 4-5' Salmonberry (Rubus spectabilis) O Shrub Moist Shade 1 gal 1.5' 4-5' Stinky currant (Ribes viscosissimum) Shrub Moist Part 1 gal 1.5' 4-5' Maidenhair fern (Adiatum pedatum) Herb Moist Shade 4" na Variable Lady fern (Athyrium filix-femina) Herb Moist Shade 1 gal na Variable Skunk cabbage (Lysichiton americaum) Herb Wet Shade bulbs na Variable False lily-of-the-valley (Maianthemum dilatatum) Herb Moist Shade bulbs, 4" na Variable Candy Flower (Claytonia sibirica) Herb Moist Shade 4" na Variable Miners Lettuce (Monita perfoliata) Herb Moist Shade 4" na Variable Stream violet (Viola glabella) Herb Moist Shade 4" na Variable Youth-on-age (Tolmiea menziesii) Herb Moist Shade 4" na Variable Insideout flower (Vancouveria hexandra) Herb Moist Shade 4" na Variable Dewey's sedge (Carex deweyana) Herb Dry Shade plugs, 4" 4" Variable Hair bentgrass (Agrostis scabra) Grass Moist Part seed na 2 Ibs pls Oregon bentgrass (Agrostis oregonensis) O Grass Dry Part seed na 2 Ibs pls Tall manna-grass (Glyceria elata) 0 Grass Moist Part seed na 8 Ibs pls Table 1: Plant Communities for Revegetation o~ oy , Q ~a G°~ e `Are `ey e~ e~ `~4~ .je a`o ~ e Fc O~ Gatie Q`eQ Q-eQ J~. of ~'`e~ ~ G Plant Communities Upland Forest (UF) Red alder (Alnus rubra) O Tree Moist Sun 1 gal 3' 10' Single Big leaf maple (Acer macrophyllum) O Tree Dry Sun 2gal 3' 10' Single Douglas Fir (Pseudotsuga menziesii) O Tree Dry Sun 2gal 3' 10' Single Grand fir (Abies grandis) O Tree Dry Sun 2 gal 2' 10' Single Pacific yew (Taxus brevifolia) Tree Moist Shade 2 gal 2' 10' Single Cascara (Rhamnus purshiana) Tree Dry Part 2 gal 2' 10' Single Pacific dogwood (Corpus nattallii) Tree Moist Shade 1 gal 2' 10' Single Bitter cherry (Prunus emarginata) Tree Moist Part 2 gal 2' 10' Single Vine Maple (Acer circinatum) O Tree Moist Part 2 gal 2' 4-5' Single Oceanspray (Holodiscus discolor) O Shrub Dry Sun 1 gal 15 4-5' Single Red elderberry (Sambucus racemosa) O Shrub Moist Part 1 gal 15 4-5' Single Red flowering currant (Ribes sanguineum) O Shrub Dry Sun 1 gal 1.5' 4-5' Cluster Cascade Oregon Grape (Mahonia nervosa) Shrub Moist Part 1 gal 4" 4-5' Cluster Tall Oregon Grape (Mahonia aquifolium) Shrub Dry Sun 1 gal 6" 4-5' Single Red huckleberry (Vaccinium parvifolium) Shrub Moist Shade 1 gal 15 4-5' Cluster Thimbleberry (Rubus pariflorus) Shrub Moist Shade 1 gal 1.5' 4-5' Cluster Snowberry (symphoricarpos albus) O Shrub Dry Part 1 gal 15 4-5' Cluster Woods Rose (Rosa woodsii) O Shrub Dry Part 1 gal 1.5' 4-5' Cluster Serviceberry (Almelanchier alnifolia) Shrub Dry Part 2 gal 2' 4-5' Single Sword fern (Polystichum munitum) Shrub Moist Shade 2 gal na 4-5 Cluster Deer fern (Blechnum spicant) Herb Moist Shade 1 gal na Variable Cluster Orange honeysuckle (Lonicera ciliosa) Herb Moist Shade 2 gal na Variable Single Salal (Gaultheria shallon) Herb Moist Part 1 gal 4" Variable Cluster Wood strawberry (Fragaria vesca) Herb Moist Shade 4" na Variable Cluster Western trillium (Trillium ovatum) Herb Moist Shade 4" na Variable Cluster Saxifrage (Mitella spp) Herb Moist Shade 1 gal na Variable Cluster Red columbine (Aquilegia formosa) Herb Dry Part 4" na Variable Cluster Solomon's seal (Solomon smilacina) Herb Moist Shade 4" na Variable Cluster Native California brome (Bromus carinatus) O Grass Dry Sun seed na 10 Ibs pls Mass Blue Wildrye (Elymus glaucus) 0 Grass Dry Part seed na 10 Ibs pls Mass Table 1: Plant Communities for Revegetation ~Q p 01 0 Ga~° Q.eQ Q.e Jtt` Jtt` ~c° sec •~c~ •`ct` Plant Commiunities Oak Woodland / Savanna (OW) Oregon white oak (Quercus garryana) O Tree Dry Sun 2 gal 2' Pacific madrone (Arbutus menziesii) O Tree Dry Sun 2 gal 2' Snowberry (Symphoricarpos albus) O Shrub Dry Part 1 gal 1.5' 4 Serviceberry (Almelanchier alnifolia) O Shrub Dry Part 1 gal 2' 4 Oceanspray (Holodiscus discolor) O Shrub Dry Sun 1 gal 1.5' 4 Nootka rose (Rosa nutkana) Shrub Moist Sun 1 gal 1.5' 4 Cascade Oregon grape (Mahonia nervosa) Herb Moist Part 1 gal 4" Vai Blue wild-rye (Elymus glacus) O Grass Dry Part seed na 101 Native California brome (Bromus carinatus) O Grass Dry Sun seed na 101 Ash Forested Wetland (FW) Oregon Ash (Fraxinus latifolia) O Tree Moist Part 2 gal 3' Pacific Ninebark (Physocarpus capitatus) O Shrub Moist Shade 2 gal 2' 4 Red-osier dogwood (Corpus stolonifera) O Shrub Wet Part 1 gal 2' 4 Snowberry (Symphoricarpus albus) O Shrub Dry Part 1gal 1.5' 4 Slough sedge (Carex obnupta) O Herb Moist Part plugs 6" Vai Corn lily (Ceratrum californicum) Herb Wet Shade bulbs na Vai Candy flower (Claytonia sibirica) Herb Moist Shade 4" na Vai Miners lettuce (Montia perfoliata) Herb Moist Shade 4" na Vai Dewey's sedge (Carex deweyana) Herb Dry Shade plugs 4" Vai Small fruited bulrush (Scirpus microcarpus) Herb Wet Sun plugs 4" Vai Tall mannagrass (Glyceria elata) O Grass Moist Shade seed na 101 Table 1: Plant Communities for Revegetation o~ ~Q < eo o~ .Sew `o~• oo,~. G ~ Q- Plant Communities Shrub / Scrub Wetland (SS) Pacific willow (Salix lasiandra) O Tree Wet Sun 1 gal 3' Sitka willow ((Salix sitchensis) Tree Moist Sun 1 gal 3' Douglas hawthorne (Crataegus douglasii) Tree Moist Part 2 gal 2' Pacific Crabapple (Malus fusca) O Tree Moist Part 2 gal 2' Scouler willow (Salix scouleriana) O Shrub Moist Sun 1 gal 3' 4 Red-osier dogwood (Corpus stoloniferia) O Shrub Wet Part 1 gal 2' 4 Clustered rose (Rosa pisocarpa) Shrub Wet Part 1 gal 1.5' 4 Douglas spirea (Spires douglasii) O Shrub Wet Sun 1 gal 1.5' 4 Nodding beggartick (Bidens cernua) Herb Wet Sun 1 gal 1.5' Var Spreading rush (Juncus patens) Herb Moist Part plugs 6" Var Western manna-grass (Glyceria occidentalis) O Grass Wet Sun seed na 8 It Emergent Marsh (EM) Nodding beggartick (Bidens cernua) O Herb Moist Sun 1 gal 1.5' Var Hardstem bulrush (Scirpus accutus) Herb Wet Sun plugs 1.5' Var Small-fruited bulrush (Scirpus microcarpus) O Herb Wet Sun plugs 6" Var Creeping spike rush (Eleocharis palustris) O Herb Wet Sun seed, plug: 4" Var Wapato (Sagittaria Iatifolia) Herb Wet Sun bulbs na Var American water plantain (Alisma plantago-aquatica) Herb Wet Sun bulbs na Var Soft stemmed bulrush (Scirpus taberaemontani) Herb Wet Sun plugs 1.5' Var American brooklime (Veronica americana) Herb Wet Sun plugs na Var Marsh speedwell (Veronica scutellata) Herb Wet Sun plugs na Var American sloughgrass (Beckmannia syzigachne O Grass Wet Sun seed, plug: na 1611 Western manna-grass (Glyceria occidentalis) O Grass Wet Sun seed na 8 It Table 1: Plant Communities for Revegetation o~ o ~e G° e ec~y ec~y •6O w SQeG~ J`~e6` o`~e~ Q-°°r O~ Game° Q,eo. Q-oo, e~ ~Q o`er a~~ a'`e~ r~ o`er c~F Ge ao~~ Plant Commiunities Storm Water Facility (SWF) Oregon Ash (Fraxinus latifolia) Tree Moist Part 2 gal 3' 10' Single Red alder (Alnus rubra) O Tree Moist Sun 1 gal 3' 10' Single Douglas Fir (Pseudotsuga menziesii) O Tree Dry Sun 2gal 3' 10' Single Vine Maple (Ater circinatum) O Tree Moist Part 2 gal 2' 4-5' Single Pacific willow (Salix lasiandra) Tree Wet Sun 1 gal 3' 10' Single Sitka willow ((Salix sitchensis) Tree Moist Sun 1 gal 3' 10' Cluster Pacific dogwood (Corpus nattallii) Tree Moist Shade 1 gal 2' 10' Single Bitter cherry (Prunus emarginata) Tree Moist Part 2 gal 2' 10' Single Scouler willow (Salix scouleriana) Shrub Moist Sun 1 gal 3' 4-5' Cluster Red-osier dogwood (Corpus stoloniferia) O Shrub Wet Part 1 gal 2' 4-5' Cluster Pacific ninebark (Pysocarpus capitatus) Shrub Moist Shade 1 gal 2' 4-5' Single Oceanspray (Holodiscus discolor) O Shrub Dry Sun 1 gal 1.5' 4-5' Single Serviceberry (Almelanchier alnifolia) O Shrub Dry Part 1 gal 2' 4-5' Single Nootka rose (Rosa nutkana) Shrub Moist Sun 1 gal 1.5' 4-5' Cluster Snowberry (Symphoricarpus albus) O Shrub Dry Part 1gal 1.5' 4-5' Cluster Native rose (Rosa pisocarpa or gymnocarpa) Shrub Wet Part 1 gal 1.5' 4-5' Cluster Douglas spirea (Spirea douglasii) O Shrub Wet Sun 1 gal 1.5' 4-5' Cluster Red flowering currant (Ribes sanguineum) O Shrub Dry Sun 1 gal 1.5' 4-5' Cluster Nodding beggartick (Bidens cernua) Herb Wet Sun 1 gal 1.5' Variable Cluster Spreading rush (Juncus patens) Herb Moist Part plugs 6" Variable Mass Small-fruited bulrush (Scirpus microcarpus) Herb Wet Sun plugs 6" Variable Mass Creeping spike rush (Eleocharis palustris) Herb Wet Sun seed, plugs 4" Variable Mass Slough sedge (Carex obnupta) O Herb Moist Part plugs 6" Variable Mass Toad rush (Juncus bufonius)* Herb Dry Sun seed, plug: 4" Variable Mass Rossi Sedge (Carex rossi)* Herb Moist Sun plugs 4" Variable Mass NW Native Wildflower mix Herb Mix Sun seed na 10 Ibs pis Mass Oregon Bentgrass (Agrostis oregonesis)* O Grass Dry Sun seed na 8 Ibs pis Mass Idaho bentgrass (Agrostis idahoensis)* Grass Dry Sun seed na 8 Ibs pis Mass Western manna-grass (Glyceria occidentalis) Grass Wet Sun seed na 8 Ibs pis Mass Seeding rate: pure live seed (pis) pounds per acre Tree spacing = sq footage x 0.01; Shrub spacing = sq footage x 0.05; Groundcover = 100% areal cover. Square footage is based on the total site or facility size. 2 Single= distribute throughout planting area. Cluster = group 3 to 7 plants in same area with herb or grass in between. Mass = plant densely to form a single stand of that species in a given area. * grows 5-30 cm tall w' f r,' e: y~ a , Potential Park Expansion Area Potential Park Expansiott Area . a r i D 1 S" Legend Project Boundary n . Park Bounda(v potential Park Expansion Areas <d' A b. " 1 anno Creek Park/Plaza and Enhancement Map 1 Agenda Item # 7 Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider an Ordinance Amending the Tigard Municipal Code, Chapter 11.04.170, Reg riling Solid Waste Management Enforcement J%L P repared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: IssuE BEFORE TYm CouNcEL Shall City Council approve an ordinance amending the Tigard Municipal Code, Chapter 11.04.170, regarding solid waste management enforcement? STAFF REC.ommENDAnoN Adopt the ordinance amending the Tigard Municipal Code, Chapter 11.04.170, regarding solid waste management enforcement. KEY FACTS AND INFORMATION SummARY ■ The City of Tigard has two franchised solid waste haulers, Pride Disposal Company and Waste Management Incorporated Each of these franchisees has exclusive rights to provide garbage service in specific areas of the City. ■ Non-franchised haulers have been providing garbage service within the boundaries of the franchisees. ■ At the February 13, 2007 meeting, the Council participated in a discussion with staff and representatives of Pride Disposal and Waste Management regarding these franchise violations. ■ At the request of the City's franchisees, the proposed code revisions would give Pride Disposal and Waste Management the authority to take legal action against non-franchised haulers who operate within their boundaries. ■ The revisions to the Tigard Municipal Code, Chapter 11.04.170, regarding solid waste management enforcement would: - Allow a franchisee to take action in Washington County Circuit Court against a non-franchised hauler who provides garbage service within the franchised area. - Require a non-franchised hauler who provides service within the franchised area to pay the City $500 per violation in lieu of imposition of the civil penalty. - Give the City Manager the choice of addressing solid waste franchise violations through the City, or allowing the franchisee to pursue civil action. - Indemnify the City for any claims resulting from the franchisee's enforcement actions. - Waive any City liability for legal fees and other costs incurred by the franchisee while pursuing enforcement actions. ■ The proposed revisions have been reviewed by the city attorney. O mm ALTERNATIVESCONSIDERED Though somewhat ineffective and labor intensive, the Council could continue with the existing procedure of having City staff document the violation (photos/site visits), notify the non-franchised hauler of the violation and request the drop box be removed within five days. The Council could also suggest some other means to address the issue. CnY C0UNCM GOALS None ATTACH MENT LIST Ordinance Attachment 1- Amendments to Tigard Municipal Code, Chapter 11.04.170, Enforcement Officers RWAL NOM There are no direct costs associated with this code change. However, by offering solid waste franchisees a means to address violations directly, staff and city attorney time currently devoted to the issue would be greatly reduced. Agenda Item # V Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Residential Zoning Districts Use Regulations Amendment - Development Code Amendment (DCA2006-00007) Prepared By: Cheryl Cain es Dept Head Approval: City Mgr Approval: 6790 ISSUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to amend the Tigard Development Code Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location restrictions (not within 200 feet of a property line abutting a residential use)? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment as recommended by the Planning Commission. Approval should be of the request as amended by Staff to allow school bus parking as an accessory use and not a restricted use as proposed by the applicant. KEY FACTS AND INFORMATION SUMMARY The applicant, Tigard-Tualatin School District, filed an application to amend the residential zoning code on November 22, 2006 to allow school buses to park at high school sites. The City's Development Code does not address school bus parking within residential zones and therefore is not permitted. The District currently has two sites for bus parking, but has sold the site on Pacific Highway. The buses from this site must be relocated. The District wants to utilize an existing parking lot on the Tigard High School site to house the buses. Buses have been parked on the site in the past, but were not a permitted use. Comments were received from one neighbor of the Tigard High School site regarding air pollution and noise. Although there is no demonstrable evidence to show how bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant claims parking buses on site will have no negative impact on air quality. Strong evidence to support this claim has not been provided; therefore the issue should be further addressed by the applicant during the public hearing process. On February 5, 2007 Planning Commission held a public hearing to discuss the merits of the request. Some of the Commissioners were concerned with the parking at the Tigard High School becoming a permanent location for school buses. A motion to approve the amendment as presented failed 2-3. After re-opening the public hearing to hear more testimony, the Commission passed the motion for approval as recommended by Staff with a vote of 4-0. One Commissioner abstained from voting. OTHER ALTERNATIVES CONSIDERED • Decrease or increase the proposed 200 foot setback from residential properties. • Add landscape buffer requirements to reduce noise pollution to surrounding properties. • Require the school district to adopt Oregon Department of Education (ODE) guidelines to reduce student exposure to diesel exhaust (Exhibit B). CITY COUNCIL GOALS The 2007 City Council Goals are not impacted by this amendment. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Recommended Text Change Attachment 2: "Draft" Planning Commission Meeting Minutes February 5, 2007 Attachment 3: Staff Report to the Planning Commission dated January 24, 2007 Exhibit B: ODE Executive Memo 66-2002-03 Attachment 4: Applicant's Material FISCAL NOTES There is no fiscal impact anticipated for this action. All application fees have been paid by the applicant. QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO. 07- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.5 10 - RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 - Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use; and WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the fast scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on February 5, 2007, and recommended approval of the proposed amendment with a 4-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11, and 12; and WHEREAS, the Tigard City Council held a public hearing on March 13, 2007, to consider the proposed amendments; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 07- Page 1 NOW, THEREFORE, THE QTY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of )2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2007. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 Exhibit A DCA2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT December, 2006 Explanation of Formatting These text amendments employ the following formatting: [Bold, Underline and Italic] - Text to be added Proposed code language is as follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C12 C'-2 C12 C12 C12 C12 C12 C12 "School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 5, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, and Walsh. Commissioners Absent: Commissioner Vermilyea Staff Present: Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner; Cheryl Caines, Assistant Planner; Kim McMillan, Development Review Engineer; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS None 4. APPROVE MEETING MINUTES None 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 1 Urban Growth Management Plan Tides 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. STAFF REPORT Cheryl Caines summarized the staff report. She advised that the applicant is requesting to amend the use regulations within residential zoning districts to allow bus parking as a restricted use on high school sites. The Development Code does not address this issue and therefore the use is not permitted in the zone. The proposed code language describes the circumstances under which bus parking is allowed - high school sites, not within 200 feet of a property with residential use. Staff is proposing one slight modification to call out bus parking as an accessory use and not a restricted use. Bus parking is not being proposed as a separate use classification. The placement of an "R" within the use table by the school use makes it seem that schools are a restricted use. That is not the purpose of this amendment. The only site currently affected by this change is Tigard High School. Any future proposed high school would be allowed to include this as an accessory use if the code is revised. The current bus storage facility on Pacific Hwy. has been sold. The District must find a new location for their buses. This application is only to amend the code. The buses will be parked in the NE corner, adjacent to sites zoned Industrial Park and developed with commercial buildings. Buses were previously parked in this location, but it was not a permitted use. Residential uses to the north and west are separated by streets. Homes within the Waverly Estates subdivision are adjacent to the site's southern boundary, but are approximately 800 feet from the proposed parking location. During the review process, concerns over diesel fumes and noise were raised by a property owner to the south of the school site. No strong evidence was provided to prove or disprove that the buses will have effects on air quality. Staff searched the internet and found an Oregon Department of Education memo addressing the issue of diesel exhaust and presents guidelines to school districts to reduce student exposure. At this time, it's unknown what regulations, if any, the Tigard-Tualatin School District has adopted. Staff has recommended that the applicant further address this issue during the hearing. Staff advised that there is no limit on the number of school buses that can be parked at the High School. The Planning Commission can choose to include this in the code language. APPLICANT'S PRESENTATION PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 2 Roy Burling, CFO, Tigard-Tualatin School District; Judy Frieze, Director of Transportation; Ed Murphy from Parati, 20085 NW Tanasbourne Dr., Hillsboro, OR 97124; and Randy Harvey, Director of Operations for TTSD, provided details of the request. Currently, buses are parked at the old administration site on Hwy. 99W. Previous to that, they were parked at Tigard High School. The School District is in the process of selling the old administration site and First Student, the contract provider, has been asked to find a parcel of land to accommodate their large buses. The District will park 17 buses at the High School. If First Student can find a parcel large enough to accommodate all the buses, the District would be open to that arrangement. The District considered improving the bus yard on Hall Blvd., but found that there were issues with wetlands and the site was constrained. It was too expensive to develop the site to add the number of spaces they needed. The District plans to park only the short buses behind the Swim Center. Regarding noise and traffic, the buses are dispatched in a staggered manner - they don't all leave at the same time. They expect a minimal impact on Durham Road. In terms of air quality issues, the District has informally adopted the guidelines as written by the Department of Education. They made a commitment to take the guidelines to the Board to be formally adopted. In terms of mitigating pollution and diesel effects, the buses are regularly maintained and tuned up. In addition, the fleet is kept current so they meet the most current clean air standards. The Planning Commission expressed concern about creating noise in neighborhood. Another concern is about runoff of grease, oil, and fuel into the groundwater and storm water. The applicant said they would try to comply with Clean Water regulations. With the current remodel of Tigard High School, one of the conditions was to provide monitoring of the storm water system. The District has entered into a contract for that service. They are sensitive to environmental concerns. Regarding traffic, the Commission asked if it would be difficult to get out onto Durham Road and asked if any traffic counts or analysis had been done. The applicant advised that this application is only a legislative change/text amendment to allow buses to park on the High School site. The main condition is to keep it back 200' from any residentially zoned property. If paving for additional parking becomes necessary, it would automatically kick in a site development review which would then require a traffic study. Buses leaving the site are staggered over an hour and a half. The applicant advised that only TTSD school buses would be stored at this limited space. The applicant was asked if they have drawn up any plans to comply with air and water quality standards. They said they would ask the School Board to formally adopt the Oregon Department of Education guidelines. They are willing to comply with any other necessary PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 3 guidelines. Over time, as older buses are replaced, they will all meet 2007 air quality standards. Staff advised that this legislative amendment applies to the entire parcel, but buses could not be parked within 200' of residential use. There will be another review when the District modifies the access and moves the parking on site. At that point, water quality measures, parking, and maneuvering on site will be reviewed. The applicant advised that bus drivers will park their personal cars at the pool and High School parking areas. There will be fencing around the buses. They have not yet decided what to do with existing portables on the site. PUBLIC TESTIMONY - IN FAVOR None PUBLIC TESTIMONY - IN OPPOSITION Malcolm Pennington, 16653 SW 88th Place, Tigard, OR 97224 expressed his opposition to the proposed amendment. He is concerned about health effects from diesel exhaust on students, the fact that there is no restriction on the number of buses, and noise. He believes the contractor should find their own parking location, possibly in an industrial area. He submitted written testimony (Exhibit A). The Commission asked staff what would happen if the Commission decided not to move forward with the request. Staff answered that the Commission has 3 options: recommend the amendment as written; put further restrictions on the footnote; or recommend denial. All recommendations would go to City Council for a second public hearing. APPLICANT'S REBUTTAL The applicant reiterated that this is just a legislative change for school bus parking, not within 200' of residential properties. The text amendment will provide greater flexibility in the future. It's meant as a temporary stop-gap approach, but may become long term. Other buses won't be parking there. The District wouldn't be able to add more buses; pre-trips are done in 15 minutes (they don't idle the whole time); and there's already a catch basin with a fuel separator on site. The applicant advised that the buses will be parked adjacent to the soccer field. The field is not used in the early morning and in the afternoon, buses come in are shut down immediately. PUBLIC HEARING CLOSED PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 4 The Commission discussed the application. Some of the Commissioners were concerned about this becoming a permanent location for the school buses. They would rather see this as a temporary use, maybe for 2 years. After that time, it could be reevaluated. They do not want it to be open-ended. Staff advised that there is a temporary use section in the Development Code. Staff could go back and redraft language for that section to allow bus barn parking on school property as a temporary use. If it were allowed as a temporary use, the district could come back multiple times to request a temporary use permit. If the Commissioners would like the amendment redrafted as temporary use, they would have to recommend denial to City Council. In the recommendation, the Commission could propose that it be redrafted as a temporary use. Commissioner Walsh moved to recommend approval as presented. President Inman seconded the motion. The motion failed by a vote of 2-3. Commissioner Walsh and President Inman voted in favor; Commissioners Caffall, Doherty, and Anderson voted against. After discussion about other possible options, the Planning Commission decided to re-open the public hearing to hear more testimony. PUBLIC HEARING RE-OPENED Kelly Hossaini, from Miller-Nash, advised that there is limited area for bus parking; if the District wants to do anything more, they would have to apply to the City. They have a storm water system already in place, they're not near any residences, and the buses comply with air standards. This legislative amendment gives them flexibility to park their buses, but it's not optimum for long term use. If the Commission wants the District to meet other standards, they will have to be very specific what those standards are. Randy Harvey, TTSD Director of Operations, testified that this particular site was previously used for parking short buses and they had no problems. They won't take away any more space than they absolutely have to. The solution may not be temporary; it may be long term. They believe the request is reasonable and they meet all the requirements that have been raised in terms of health and safety. Malcolm Pennington said short term parking probably won't have long term effects, but over the long term, it could be a concern. He believes that, from an air standard quality, it's an issue for kids. He urged the Commission to consider allowing it only on a short term basis. Commissioner Walsh moved for approval as presented. President Inman seconded the motion. The motion passed with a vote of 4-0; Commissioner Caffall abstained. 5.2 SUBDIVISION. (SUB) 2006-00008/PLANNED DEVELOPMENT REVIEW (PDR) 2006-00001/ZONE CHANGE (ZON) 2006-00001/SENSITIVE LANDS PLANNING COMNUSSION MEETING MINUTES - February 5, 2007 - Page 5 REVIEW (SLR) 2006-00010/ADJUSTMENT (VAR) 2006-00080 ANNAND HILL SUBDIVISION REQUEST: Approval of a 40-lot Subdivision and Planned Development on 4.53 acres. The lots are proposed to be developed with detached single-family homes. Lot sizes within the development are proposed to be between 2,788 and 5,377 square feet. A Zone Change is required to apply the PD Overlay over a portion of the site (Tax Map 2S110AD, 8800), and Sensitive Lands Review is required for slopes greater than 25%. The applicant is also seeking a street improvement Adjustment for the proposed cul-de-sac from the maximum of 20 lots served to 34 lots, and to the 200 foot length. LOCATION: The project is located at 14600 SW Pacific Highway; WCTM 2S110AC, Tax Lot 00200 and 2S110AD, Tax Lot 08800. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally AND R-12 (PD): PD: Planned Development. The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site, among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.370, 18.390, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. Commissioners Anderson and Walsh reported site visits. STAFF REPORT Gary Pagenstecher presented the staff report. He advised that this application would be reviewed under the old Planned Development standards. The application is for a 40-lot residential subdivision and planned development on 4.53 acres. The zone change is requested to apply the PD overlay on Tax Lot 8800 and a sensitive lands review is required for slopes greater than 25%. There is also a street improvement adjustment for the proposed cul-de-sac from the maximum 20 homes served to 34, and an adjustment to the minimum residential density requirement from 43 units to 40. Most base zone development standards are met with some exceptions: Front yard perimeter setbacks (from 15' to 6~ Street side yard for lots 1, 29, and 40 (from 10' to 8~ Staff recommends approval of the proposal with the conditions of approval listed in the staff report. PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 6 APPLICANT'S PRESENTATION Matt Sprague and Ben Altman, SFA Design Group, 9020 SW Washington Square Dr., Suite 350, Portland, OR 97223, described their project to the Planning Commission. They testified that this is a hilltop site with trees, sandwiched between apartments, and next to an old cemetery. They plan to build single-family detached homes. The development comes in at minimum density, rather than the maximum. Having narrow streets allows them to protect trees. They will be preserving 56 trees on site and will mitigate for those trees being removed. The only public access will be from 109th. They will be extending a public cul-de- sac. There will be open space tracts to preserve trees and a variety of lot sizes that adapt to the topography. The applicant is requesting 3 adjustments: 1. The cul-de-sac will accommodate 34 homes. 2. There is a minor adjustment to the minimum density (40 instead of 43 homes). 3. Front yard setbacks will be reduced from 15' to 10'; street side setbacks will be reduced from 10' to 8'; and side yard setbacks will be reduced from 5' to 4'. Rear yard setbacks will be 15'. They agree with the conditions of approval as shown in the staff report. The Planning Commission discussed details of the planned development with the applicant. They asked about concerns raised by TVF&R. The applicant advised the hammerhead at end of long drive has a turn around that exceeds TVF&R's requirements. Staff also advised that TVF&R requires all the units to be sprinkled because there is only one access to the development. The applicant noted that the streets will be wider than most private streets to allow for parking on one side of the street. The applicant advised that people attending the neighborhood meeting liked the single- family development rather than multi-family. They had some initial concerns about street circulation and trees, but the applicant answered their questions. The Commissioners asked specifically how the trees would be protected during development. The applicant advised they would be fenced. Staff noted that it's typical for developers to use orange mesh for fencing which can easily be moved. Chain link fencing could also be used. The Commission noted that there is only one option for access and it's not really set up for a public street circulation system. The applicant was asked if they had looked at other alternatives. The applicant said they thought about public streets, but that required some of the lots to face in other directions. In addition, the other options would eliminate more trees. PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 7 The Commission noted that there are extra deep walkways and wondered why there aren't planter strips. The applicant said it's not a requirement of a planned development under the old code. They want to leave something for the architects and builders to decide what they want to place on the lots. It was advised that street trees are required. President Inman asked about the lack of landscape strips in lots 7-11 and 21-25. The plan shows street trees behind the sidewalk, but with only 6' to the front porch setback, it's unlikely that someone will plant a substantial tree there. The applicant said they would not be averse to including planter strips from lots 8-11 and 21-23. John Annand, one of the property owners involved, testified that he's not sure what the prices will be for the homes, but envisions 2-story homes about 2400 square feet in size. The applicant noted that some lots will be larger to allow for play and some lots will have limited yard area. The open space tracts will primarily be planted with native vegetation. President Inman would like to see a soft pathway and benches in the open space tracts. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED With regard to the request for reduced side yard setbacks, staff advised that the Planned Development Code doesn't address street side yard setbacks specifically. The applicant is requesting 8' setbacks, which is 2' less than what is required. The Variance chapter of the Development Code allows up to a 20% reduction on certain setbacks, but not for street side yard setbacks. The applicant could have requested a variance, but they didn't. The Commission could add a condition that would require that, prior to issuance of building permits, the applicant provide a site plan that shows the street side yard as met at 10'. The applicant disagreed, saying that the intent of the code isn't to limit the side yard to an interior yard between 2 walls. The intent is to allow flexibility to the setbacks for the base zoning district for which they are applying the planned unit development. The intent is to allow the flexibility to permit, through the PD process, an 8' street side yard setback. A street side yard setback is still a side yard setback. They believe the Planning Commission has the authority to approve it without a variance. Commissioner Walsh noted that under the new code, the intent is to provide flexibility for the Planning Commission. Staff advised that the Planning Commission could require the applicant to come back for street side yard variances or they could indicate that there is flexibility in the code to allow for street side yard setbacks to be adjusted. President Inman moved to approve Subdivision (SUB) 2006-00008/Planned Development Review (PDR) 2006-00001/Zone Change (ZON) 2006-00001/Sensitive Lands Review (SLR) PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 8 2006-00010/Adjustment (VAR) 2006-00080 / Adjustment (VAR) 2007-00001 Annand Hill with the staff report as presented, the conditions, and some additional conditions, 1. add a minimum 4' planter strip in front of lots 8 through 11 and 21 through 23; 2. provide a landscape plan demonstrating a soft pathway connecting Tract A through Tract E with passive recreation and seating; 3. use a 6' chain link fence for tree protection, including and taking into account all testimony and deliberations heard tonight. Commissioner Walsh seconded the motion. The motion passed unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 10:17 p.m. Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - February 5, 2007 - Page 9 File No: Development Code Amendment (DCA) 2006-00007 File Title: Residential Zoning Districts Use Regulations Amendment To whom it may concern: I am a resident of the City of Tigard and live in close proximity to the Tigard High School site proposed for bus parking. My first concern is that this ordinance (if I understand it correctly) would create industrial use of what is now zoned for residential use by making it a parking and dispatch location for up to 30 class 6 diesel vehicles. I have received conflicting information from the City and the School District as to what is being requested by the School District. The City states that the District's request would place up to 30 diesel buses (both large and small, both district owned and contractor owned) at Tigard High School, amongst almost 2,000 children (1930 students per the district's web site) and the residences surrounding the High School, potentially on a permanent basis. The District states that there would only be 13 small district owned buses placed at the High School on a temporary basis. I believe there are important distinctions between these two positions. My second concern has to do with the long term health risks of diesel exhaust and it's affect on children. Diesel exhaust contains particulate matter, black carbon, sulfur dioxides, nitrogen oxides and more than 40 chemicals that are classified as "hazardous air pollutants" under the Clean Air Act. Diesel vehicles make up only 2 percent of vehicles in the United States, but they are responsible for more than 60 percent of all particulates and nearly half of all nitrogen oxides. Diesel engines emit significant quantities of particulate matter (PM2.5). These fine particles penetrate deep into the lungs contributing to persistent human health problems such as asthma attacks, reduced lung function,. lung disease and even premature death. Fourteen of the 40 toxins in diesel exhaust are known to cause cancer and contribute to cardiopulmonary disease. Other health effects are also troubling, though harder to quantify. The particles in diesel exhaust impair the lungs and aggravate diseases like emphysema and bronchitis; they can also worsen or trigger - asthma attacks. What's more, children are more susceptible than adults to. these effects they breathe faster and their lungs are less able to defend themselves from pollutants. In addition, exposures early in life can return to haunt ..them as they age, in the form of chronic health problems. Government regulators estimate, based on lifetime risks, that diesel exhaust is responsible to date, for 125,000 cancers nationwide. Since children often are exposed to diesel exhaust when they ride buses to school every day for many years, their exposure adds up which translates into an unacceptably high risk of getting cancer later in life. Out of every million children that ride a school bus an hour or two each day during the school year, 23 to 46 of them may eventually develop cancer from the excess diesel exhaust they inhale on their way to and from school. A school bus will run it's engine at least 30 minutes before each route during its pre-trip inspection and warm up period (typically 3 times or more a day), or at least one and a half hours a day exposing students to these harmful particulates and gases. Do we really want to risk our citizen's health, and especially the health of our most vulnerable citizens, our children by making the High School a bus parking/dispatch yard? I think not. Therefore I would recommend we only allow our 13 small school buses to park on a specified temporary basis at Tigard High School. The district's contractor can and should find its own facility in a properly zoned area. Sincerely, Malcolm B. Pennington 16653 SW 88 h Place Tigard, OR 97224-5443 (503) 624-1106 ATTACHMENT 3 Agenda Item: 5.1 Hearing Date: February 5, 2007 Time: 7:00 PM STAFF REPORT~'TO THE k1 PLANNING 'COMMISSION FORTHE CITY OF TIGARD `OREGON~ 7~ . SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW BUS PARIUNG WITHIN RESIDENTIAL ZONES ON HIGH SCHOOL SITES CASE NO.: Development Code Amendment (DCA) DCA2006-00007 PROPOSAL: To amend Chapter (18.510 - Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. APPLICANT: Tigard-Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 APPLICANT'S Parati REP.: Attn: Ed l\lurphy 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 ZONE: N/A. LOCATION: Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Tides 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11, and 12. SECTION II. STAFF RECOMMENDATION Staff reco r uon mmends a that the Planning Commission find, m favor to ..,amend' the : Res>.denttal Zonin District e~ula , s as proposed by the applicant, with anp;alteratons as:detemuned through the public ~earit>~ process and make a 'final recommendation to the Tigard. City Council DCA2006-00007 IIAGI F. 1 OF 10 2/3/07 PUBLIC I IFARI\G Sl'.\I'1' KI?POR"C TO PLANINI\G COMMISSION SECTION M. BACKGROUND INFORMATION The proposal is to amend the residential zoning districts code to allow bus parking as an accessory use at high school sites. Currently there is only one high school facility in the City of Tigard (Tigard High School). Ani. future development of a high school facility- will be able to include this use if the proposed amendment is approved. The school district has sold one of the site's it currently uses for bus storage along Pacific Highway and now seeks to re-locate these buses to the High School site. Buses have been stored on the school site in the past, but were moved to make room for modular buildings and the school remodeling project. The future proposed location of the bus storage is an existing parking lot near the NE corner of the site. The location is not adjacent to residential properties. The City's residential zoning districts code does not address bus parking on school sites and is therefore not allowed. This proposed use would be accessory to the primary use - schools. Non-accessory parking is not allowed within most residential zones, but is allowed as a conditional use within the higher density zones (R-12, R-25 and R-40). One of the restrictions for residential zones is to only allow park-and-ride or other transit related facilities. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to DLCD on December 18, 2006, 49 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. In addition a notice was mailed to all property owners within 500 feet of the Tigard High School site because it is the only parcel currently affected by the proposed amendment. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. DCA2006-00007 PAGF 2 OF 10 2/5/07 PUBLIC I II?.\RING STAFF RI{PORTTO PLANNING COMMISSION i Statewide Planning Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources This goal outlines the protection of natural resources and conservation of scenic, historic and open spaces. This goal does not apply to the one site affected by the amendment because there are no open spaces, historic areas or natural resource areas on the site. If the bus parking use were proposed in or adjacent to these areas, then the regulations outlined in the Development Code for protection of these areas would apply. These chapters include but are not limited to 18.740 Historic Overlay and 18.775 Sensitive Lands. Statewide Planning Goal G - Air, Water and Land Resources Quality This goal presents guidelines on how to maintain and improve the quality of the air, water and land resources of the state. Although there is no demonstrable evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. If the buses are parked on school sites, then other land can be left vacant or developed with other uses. The only high school site located 'Within the, City of Tigard is not adjacent to any water resources. Statewide Planning Goal 10 - Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent 'with the Comprehensive Plan. The bus parking will only be allowed on sites approved for school uses. To ensure minimal effect upon surrounding residential uses, the bus parking is proposed to be 200 feet from any abutting property line with a residential use. Statewide Planning Goal 11- Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a framework for urban and rural development. This code change only allows bus parking on approved high school sites. Schools are considered part of a community's necessary public facilities. Allowing bus parking on the school site'-ill enhance efficiency of this public facility by not requiring the district to purchase additional land and operate an off-site facility. Statewide Planning Goal 12 - Transportation This goal outlines how to provide and encourage a safe, convenient and economic transportation system. School buses are not included within the transportation systems to be provided by the City, but will operate by utilizing the street system planned and provided by the City. Transportation needs were addressed and goals set by adoption of the Tigard Transportation System Plan. This code amendment will have no effect on those goals because the existing Tigard High School site included in the study. • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1- Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (L; GB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to ',\'fetro. Land being used for bus parking will be part of the high school campus and not used for residential homes. Therefore, this text amendment does not reduce the City's housing capacity. 1)CA2006-00007 PAG I:. 3 ()F10 2/3/07 PUBLIC 111{.SRI\G STAFF itITORTTO IIIANNI\G COMMISSION ~ j Title 8 - Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12 - Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses mal:ulg public schools more accessible to neighborhood residents. Allowing bus parking on high school sites will not affect accessibility to and from the surrounding neighborhood. Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public needs are met without jeopardizing opportunities for citizen input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner (including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing bus parking on high school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently bus parking within residential zones is not addressed by the Development Code and therefore is not allowed. By allowing bus parking as an accessory- use enables the school district to easily utilize land already owned by the district rather than seeking and acquiring an off-site location. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; DCA2000-00007 PAGV.4OF 10 2/5/07 PUBLIC IWARING STAFF RETORTTO PIAN-KING C NLMISSION j B. Any neighborhood planning organization plans and implementation measures adopted by the city of tgard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tgard comprehensive plan and community development code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1.3: Citizen Involvement 2.1.1 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. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3 the city shall ensure that information on land use planning issues is Available in an understandable form for all interested citizens. This policy is satisfied because notice of the proposed amendment was mailed to all property owners within 500 feet of the Tigard High School. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 4.2.1 and 4.3.1: Air, Water and Land Resources Quality 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards, including those contained in the Clean Water Services' Design and Construction Manual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii, policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. Bus parking is only allowed as an accessory use to a high school. To develop a site with a school requires review through a land use application. That review will verify that Clean Water Services Design and Construction standards are being met. Policy 4.3.1 addresses uses that create noise impacts on surrounding properties. The proposed code amendment requires that the bus parking be located at least 200 feet from the property line of neighboring residential uses. In addition the Tigard Development Code requires screening of DCA2006-00007 PAGIF 5 UN 10 2/5/07 PUBLIC I IFARI\G STAFF RI-TOR-1-1-0 MANN I\G COMMISSION. parking areas. There is no demonstrable evidence that making the High School eligible for bus parking will impact the quality of air, water and land resources. Comprehensive Policy 6.6.1: Housing 6.6.1 the city shall require: A- Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) and the following factors shall be considered in determining the type and extent of the required buffer: 1. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; 2. The size of the buffer needed in terns of width and height to achieve the purpose; 3. The direction(s) from which buffering is needed; 4. The required density of the buffering; and 5. Whether the viewer is stationary or mobile. Vol. Ii, policy 6-5 B. On-site screening of such things as service areas and facilities, storage areas and parking lots, and the following factors, shall be considered in determining the type and extent of the screening: 1. What needs to be screened; 2. The direction from which it is needed; 3. How dense the screen needs to be; and 4. Whether the viewer is stationary or mobile. 5. Whether the screening needs to be year round. Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback and required screening for parking areas act as a buffer from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of [the] school facilities for Tigard residents through locational criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through locational criteria and the provisions of urban services. These locational criteria mainly relate to new schools, but are addressed further below under Policy 12. The City can make joint agreements with the school district to allow community use of school facilities for recreation, open space and meeting rooms. The proposed code amendment will not restrict community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; B. The locational criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A. Locational criteria DCA2006-00007 PAGR. G OF 10 2/5/07 PUBLIC I IN..IRING STAFF RITORT TO PI„ \NNING COMMISSION (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii, policy 12-13 (a) it is compatible with surrounding uses, considering scale, character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) large scale construction and parking lots can be buffered from the adjacent uses. (e) privacy of adjacent residential developments can be maintained. (f) the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner,which maximizes user convenience and energy conservation. (c) the unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with locational standards related to the use. In this case High Schools are defined as a medium impact facility. These standards are related to access, impact on adjacent lands and site characteristics. The proposed code amendment could allow development that would impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by screening and setbacks. Changes to access and the site characteristics will be reviewed with any necessary land use applications. • Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City- Council. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. DCA2000-00007 P.\G I? 7 01 10 2/5/07 PUBLIC I fl'..\RING ST.\F RITORT TO PLANNING COMMISSION ~ j Code Section 18.780: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale. 2. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing' residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The proposed amendment includes provisions to ensure the continued protection neighborhood livability by requiring that the bus parking be located at least 200 feet from a property with a residential use. The use is also restricted to high school sites, which are considered medium impact facilities by the Comprehensive Plan. There is an anticipated level of activity associated with these sites. Adding bus parking to the list of activities will not significantly increase the impact on neighboring sites. Presently the code does not address and therefore does not allow bus parking within a residential zone. .-DGA20O&OW0 / rr-R ...-..r..,ESIDti et .4Y+ q,.~a 3 -e9 a -rw` x <.A 'u y.: n „{t Va # - . „4 r 55 ENTIAL~ZONIN DISTRICTS,USE REGULATIONS taAMENDMENT 'y wy a$ ''F, ai~.tf~,t„~n,`"t^cw""'sI-'i*c, 6R w r kDecember '200 ~.t."+iri.'Si''•1±2 r' ~ r v,. . rt ik~. ? na u. qr~ vR S...C ~,d t w r r ft S F N q 'r JfR1'gy t. is7"2z` g .~i"; ~1 1. x . S g~ t A t a Kr 4 i ~.`i #.n'.S'.r.'S3n rt..s w al+~.e ,~J~.~t .s~£ 1 5.4~ E°C lanahon ofF,.orniattmaa (ti/ 1JgF F 4 `w Ae4yM ~J {1k k~ These text amendments 4employ the following formatting w ,4 S t c wF; c F y~ 4. .ry4,rx'urt ,s..,t a„y,ts.ay .,~w Ki *a'. ~h. »gh Next to be deleted ti3 ~M t~ (Bold, UnderLne and ItaLcl ? ` Text to be added ,~'y?~ t , Proposed code language ><s as followsy` Z1~ x}= ° q~t , , o L TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C/R'2 C/R12 C/R'2 C/R'2 C/R'2 C/R12 C/R/2C/R'2 "School bus parking is permitted at public high school sites as a restricted use; it must be located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. The applicant has proposed bus parking as a restricted use. Because the bus parking will only be allowed as an accessory use to an approved conditional use, the proposed restricted use is not correct. To add bus parking as a restricted use would require listing it as a separate use classification. This is not the intention of the applicant. The accurate code language within the use table should be as follows: DCA2006-00007 PACK 8 OF' 10 2/5/07 PUBLIC: I II{ARI\G STAFF RETORT O PLANNING COMMISSION TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C'2 C'-2 C'? C72 C'? C'? C'Z C72 "School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. SECTION V. STAFF ANALYSIS Restrictions on usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood. However, schools are typically found in residential neighborhoods to safely and efficient serve the communities children. The City needs to balance these two uses, and may do so through restrictions on place, size, screening and buffering. Staff met with the applicant during a pre-application conference on October 10, 2006 to discuss these issues and discuss possible chan&es to the code. The proposed code revision addresses the applicant's concerns by allowing bus parking on high school sites. To ensure the public welfare and safety is protected, proximity to propernes with a residential use must be 200 feet or greater. Staff believes that the proposed amendment stakes the best balance of restriction while still meeting the needs of the school district. The potential negative impacts by allowing bus parking are noise and traffic when the buses enter and exit the site. The applicant states that buses would generally enter and exit the property two times a day between the hours of 6:15 a.m. to 8:30 a.m. and 3:00 p.m to 4:00 p.m. Currently there is only one high school site within the City of Tigard. It is located on Durham Road between SW 85,hand SW 92.1 Avenues. Durham Road is classified as an arterial and therefore has heavier traffic and noise volumes. This 43.65 acre site is separated from properties on the north, east and west by streets. Properties to the south are a mix of residential and industrial. Bus parking can work well on this site with the proposed restrictions. To add the accessory use to this or an y other existing high school site may require a minor or major modification to the approved conditional use (school). This will depend on at the applicant must do to prepare the site for the buses. In the case of Tigard I Iigh School, no application is necessary because no site changes are proposed. The buses will utilize an existing parking lot and access onto Durham Road. Bus parking proposed for any new high school site would be reviewed through a Type III land use process, which requires a public hearing. This process is required because schools are a conditional use within residential zones. The proposed code amendment is only for residential zones and has no effect on commercial zones where schools are also allowed as a conditional use. Currently non-accessory parking is allowed in most commercial zones. This use would allow bus parking, but not as an accessory use on school sites. Comments were received from one neighbor of the and Nigh School site. Mr. Malcolm Pennington expressed that he is in favor of allowing short buses ownT ed by the school district to be parked on the property. He lives on the south side of the Waverly Estates subdivision located south of the Tigard High site. He has concerns with the long or diesel-powered buses due to noise and air pollution. Mr. Pennington also fears that buses owned by outside contractors rather than the district will have signs and balloons posted on buses to recruit for bus drivers. Although there is no demonstrable. evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. This issue should be addressed by the applicant during the public hearing process. Signs are permitte within residential zones, but are regulated by the sign code. Signs on vehicles are prohibited within the City of Tigard (18.780.070 - Certain Signs Prohibited). DCA2006-00007 PAGE 9 OF 10 2/5/07 PUBLIC HEARING STAFF REPORT TO PLANNING COT-,MSSION SECTION VI. OTHER ALTERNATIVES No Action - The code would remain unchanged, and bus parking on school sites would continue to be prohibited in residential zones. Expanded Action -Allow bus parking on all school sites within residential zones. Alternate Actions - Decrease or increase the proposed 200 foot setback from residential properties. Add landscape buffer requirements to reduce noise pollution to surrounding properties. Require the school district to adopt Oregon Department of Education guidelines to reduce student exposure to diesel exhaust. (Attachment A). SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department and the Building Division have reviewed the proposal and have no objections to it. The City of Tigard Engineering Department, Tualatin Valley Fire and RescueClean Water Services, Oregon Department of Land Conservation and Development were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A - ODE Executive :Memorandum 66-2002-03 January 24, 2007 PREPARE15 BY: ChervI Caines DATE Assistant Planner January 24. 2007 APPROVED BY: Dick Bewers rf DATE Planning.'Manager DCA2006-00007 P.\GI'. 10 OF 10 2/5/07 PUBLIC III?.AI\G STAFF REPORTTO ITANINING CO\d~fISSION ODE - ODE Executive Memorandum 66-2UU2-U3 EXHIBIT B Home > Publications > Executive Numbered Memos > 2002-03 October 11, 2002 TO: Superintendents and Transportation Supervisors RE: Reducing Diesel Exhaust School buses have an excellent safety record and according to National Highway Traffic Safety Administration (NHTSA), the school bus is the safest way to transport children to and 'from school. However, some recent evidence of adverse environmental and health impacts from diesel exhaust, such as inducing asthma attacks, has raised concerns with the Department of Education and Department of Environmental Quality (DEQ). Particulate levels may vary within individual buses over time but many cases may be i controlled. The most important influences on variability include: bus idling behavior, queuing practices, bus ventilation via windows, and outdoor concentration of particulates on bus routes. Engine model, age of engine, and number of miles since last overhaul, maintenance cycles, location of bus engine (front, next to driver, or rear) can also influence the levels. Elevation change, passenger load, and climate may all influence levels of interior pollutants and children's exposure. Bus parking and maintenance facilities have the potential to create localized particulate air pollution that far exceeds ambient outdoor levels. Pollution may routinely migrate to adjacent properties when buses are left idling or during periods of peak use-early mornings and afternoons. If vehicles are parked near schools, both outdoor and indoor school air quality may be diminished. The Department of Education strongly recommends that school districts adopt guidelines to reduce exposures of students to diesel exhaust. The following items should be included: 1. Drivers should turn bus engines off upon reaching their destinations or whenever idling time exceeds 2-3 minutes. Buses should not be turned on until ready to depart. Exceptions should include conditions that would compromise passenger safety, such as: a. Extreme weather conditions b. Idling in traffic 2. District should inform drivers about the effects of idling on both indoor and outdoor air quality. 3. Districts should ensure that buses are monitored and maintained so that emissions remain at their lowest possible level and ensure that engine compartments are completely sealed from interior passenger space. 4. Districts, whenever possible, should locate bus-parking facilities so as to have a minimal effect on air pollution in the vicinity of schools, playgrounds, and residential areas. 5. After the driver completes the pretrip inspection, the engine should be turned off until time to depart or the driver should depart immediately. Diesels do not warm up unless they are at a high idle or placed under a load. Besides polluting the air, an idling bus consumes fuel and adds wear and tear on the engine. According to the DEQ, a bus idling for an hour each day during a school year adds the equivalent of 1260 miles of wear on the engine. Operational costs associated with idling are estimated at about $250 per year per bus. Reducing.idling time is not only a good health and environmental policy, but it also makes good economic sense. For more information about diesel exhaust and the health effects and for further ways to reduce diesel emissions, please contact Kevin Downing at the Department of Environmental Quality, 503.229.6549 or email downing.kevin@deq.state.or.us. Please feel free to contact Deborah Lincoln at the Department of Education, Pupil http://www.ode.state.or.us/pubs/memos/2002_03/066_03.htm 1/22/2007 1,)1Jh - 1)Ur- LXCC:UCIVC 1V1C111U1U11UU111 VV-/-VV/.-VJ 1 ar,%. c. v1 Transportation section at 503.378.3600, Ext. 2664 or email debu ah.lincoln0state.or.us if you need further information or have questions. Nancy Heiligman Deputy Superintendent Of Public Instruction Copyright © 1998-Today, Oregon Department of Education Page last updated on: 8/16/2004 3:27:54 PM http://www.ode.state.or.us/pubs/memos/2002-03/066-03.htm 1/22/2007 AGENDA ITEM No. 8 Date: March 13, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT - DEVELOPMENT CODE AMENDMENT (DCA2006-00007) REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12, The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony r AGENDA ITEM NO. 8 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: VU _ o 4 t-00'40 Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address °Z2 SL--) "--1 uERL D Address City City ~f City State Zip State O 12 Zip Z Z State Zip Phone No. Phone No. 0 3 - G> S Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip State Zip State Zip Phone No. Phone No. Phone No. ATTACHMEn ~ ' ATE AR , P School District 231 Tigard= Tualatin meet Code Text pevelop location Amendment App ti November 21 , 2o06 rQ _ R. AS 4 ~r yyyr' t ~ r YIN Y ~yryay.. • • • PARAT1 • • November 21, 2006 • • Cheryl Caines, Assistant Planner • City of Tigard Department of Community Development • 13125 SW Hall Blvd. Tigard, Oregon 97223 • O V 2006 • RE: Development Code Text Amendment application ~(9 'r vo~r pC(/~I^y • Dear Ms. Caines: • • On behalf of the Tigard-Tualatin School District, I am submitting an application for • a Development Code Text Amendment. This amendment, if adopted by the City • Council, would allow the bus parking in residential zones at a public high school. • More specifically, the text amendment will allow the School District to park buses at Tigard High School, as long as the bus parking is located at least 200 feet away • from the property line of any parcel used for residential purposes. • • Enclosed are 18 copies of the application, per your request. Please let me know if • you need anything else. I look forward to reading your staff report. • • If you have any questions regarding this application please contact me at 503-352- 1136 or murphyenparaticompany.com. • • • • Since I , • • Ed Murphy, AI P • • • 20085 NW Tanasbourne Drive • cc. Roy Burling, Chief Financial Officer, Tigard-Tualatin School District HillsP50boroboro, OR OR 97124 .858,4242 Kelly Hossaini, Miller-Nash, Attorney for School District IF 503.645.5500 • Project #1446.001 E corporate@paraticompany.com TcQfoee 877.648.4061 • www.paraticompany.com • Hillsboro, o1i • Tillamook, OR Vancouver, WA • Bellevue. WA Coew d'Alene, ID Rocklin, CA • C, i mon r, FL 0 0 PRE-APP. HEM BY • Qi `W IT J4A SOTF TIGARD PL 1 V I1 VG DIVISION all LD USE PERMI APPLICATION City of Tigard Pernat Center 13125 SWHaII Blzd, Tigard OR 97223 Ame• 503.639.4171 Fax: 503.598.1960 t File # q 00jP-0Other Case # Date By Receipt # Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) tK Zone Ordinance Amendment (IV Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) PLOCA71ONWHERE PROPOSED A VI WILL 0=(Address; av e P 7% oard ffi A 5~4oc, 1000 SCJ ~)urham ~00~ s& o zs(NAA 00(00 • AL I I E NI CLASSIFICA O APPLICANT* I ( T; G ~d - Tua(a l~►1 -GM aalI G~ MAI LING AF A I t 6 g 6 0 SW u S. T; a v-d, OR7ZZ3 ( N F NO. ef003 5"a3'y~5 t- y6Y7 IF PRIMAR CON A PERSON PHONE O. mu✓p~ , F(AV4; So3- X58-y2y2 • PROPERTY OWNS DEED HOLDER (Attach list ' more r6n one MALLINU ADD A IP ' • NO. O. *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY (Please be specific) Zo~,,N end e~ nl a~ us a,~k~ r~ s~deN `a ~o c ;Clyd ~ ~ goal ' e i APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS 1* DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. i ~rurnIn\ macrPrc\ Inn(] ncP annNrntmn.c\Iand iise nermrt ann.tlnc :y1 :?U11 M[.- If ~N`~" S~-~ALL C~RXIFYTI~~7r: the application is granted, the applicant shall exercise the rights granted in accordance with the ten-os and subject to all the conditions and limitations of the approval. All the abo•se statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are xue, and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). i`CNATURE:S OF FEA_CI- OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. c tier's Sig tune Dat t izNaees Signature Date per's Signature Date f • „-ner's Signature Date i • .Mees Signature Date a r,.~31)ticant/Agent/ Representative's Signature Date i -i icant:/,Agent/Representative's Signature Date t db i • • • KEY INFORMATION • Project Name: Bus Parking Text Amendment • Property Description: 2S114AA00100 • Location: 9000 SW Durham Road. The proposed text amendment would only apply to • public high schools. The only high school in Tigard is Tigard High School, located south of • Durham Road, between SW 85th Avenue and SW 92nd Avenue. • Parcel size: Approximately 43.65 acres • Zoning: R-4.5 Applicant: Tigard-Tualatin School District Property Owner: Tigard-Tualatin School District 233 • 6960 SW Sandburg Street • Tigard, Oregon 97223 Attention: Roy Burling, Chief Financial Officer • Telephone: 503-431-4003 . Fax: 503-431-4047 • Applicant's Representative: • Ed Murphy, AICP, Comprehensive Planning Manager Parati • 20085 NW Tanasbourne Drive Hillsboro, Oregon 97124 • • iiiiiiiiiiiiij _1111111M "'I"T"WE • • • The Tigard-Tualatin School District wants the ability to park some of its school buses at Tigard High School, including buses that are not related to transporting high school • students. Currently, the District parks buses in two other locations in Tigard, which include • the 8.4-acre bus barn located at 13000 SW Hall Blvd. (tax lot 2S102DA00500) and the 1.37-acre parcel located at 13137 SW Pacific Highway (tax lot 2S102CB00200), where the Hibbard Administration Center Administrative Building was located. • The School District is selling the site on Highway 99w, so that site will no longer be available for bus parking. Finding a suitable and available site where bus parking would be permitted by the zoning district, where the surrounding property owners would not be adversely impacted, and which would work for the District logistically, has proven problematic. The • School District officials have decided that parking buses at Tigard High School, near the • swim center, is the best option available. This option has the added benefit of allowing the District to reduce the vehicle miles traveled of the buses, because it allows the District to • park at least some of the buses that serve the southern part of the district in a more . southerly area. • • • ejnV1446.001/docs/plan/applicationfd/11/13/06 • The Tigard Development Code does not expressly allow bus parking in the R-4.5 zone. In order to allow bus parking in this zone, a text amendment to the Tigard Development Code • Text is required. The proposed text amendment, if adopted by the City, would allow school bus parking as a restricted use within residential zones, as long as it is located at a public high school and sited away from any residential uses. • The proposed amendment is a legislative decision, and would be applicable to any site within the City that met the criteria. However, the criteria are narrowly written to limit the school bus parking to high school sites. This application is for a text amendment only. No site improvements are planned, and no new access ways are proposed. (According to City planning staff, as long as the District continues to use its access off Durham Road, no modification to the Conditional Use Permit is required. Should the District decide to pursue the permanent use of the temporary construction road access connecting to SW 85th Avenue, a modification to the • Conditional Use Permit application, an adjustment to the driveway spacing standards, and approval of a revised site plan may be required). • . The capacity of the high school will not change. No additional parking spaces are proposed. The area where the buses would be parked • is not currently used for off-street parking, and the existing parking at the high school is more than the minimum number of spaces required. • • There will be virtually no impact to the sewer, water, and storm water systems. There will be no increase in the amount of impervious surface. There will be some traffic impact because the buses will be utilizing this site rather than the 99w site. BACKGROUND INFORMATION • History: Currently, no buses are stored at the high school. The District stores some buses at its site on Pacific Highway, which is zoned R-12, and others at its site on Hall Blvd., zoned Light Industrial. There is not enough room at the Hall Blvd. site to park all of the buses, since much of the property is unusable for parking due to environmental factors. The District has been using the Pacific Highway site as a temporary solution to its bus parking needs since it demolished the old Administration Building in 2004. Currently there • are 17 short buses and 9 long buses parked at the 99w site. The District is selling its property on 99w, and needs to find another site to park the buses when they are not transporting students. The District would like to re-locate the buses currently stored at the 99W site, and perhaps three or four more to accommodate anticipated growth, at the high school. It has stored • buses at the high school before; in fact, the District moved buses from the high school to the 99W site to make room for modular buildings and materials related to the school remodeling project. The contractor for the high school remodeling project constructed a temporary access road connecting the site to 85th Avenue, but it cannot be used to access the bus parking area • unless it is converted to a permanent access road through the Conditional Use Permit process. 2 • ejm/1446.001/docs/plan/applicationfd/11/13/06 0 The site: The property is made up of one tax lot, a 43.65-acre parcel with frontage on SW Durham Road on the north side, SW 85th Avenue on the east side and SW 92nd Avenue on the west side. (Please refer to the Tax Assessor's map, Exhibit '1'). The site slopes slightly from north to south, and from west to east. It is mostly cleared of vegetation except for the group of trees just south of the swim center. The aerial photograph (Exhibit '2') shows the School District property and surrounding neighborhood. • This application is for a Text Amendment, and not for approval of an specific location. However, as a point of information, the District plans to site the parking area south of the portables and behind the soccer field that is east of the swim center. The site would be approximately 240 feet from the Durham Road south right-of-way line. A close up view (Exhibit '3') indicates the area on the site where the buses would be stored, if the text amendment is approved. Adjacent uses: The high school property is zoned R-4.5, as are the neighborhoods to the north, the west and the south. The homes to the south directly abut the school property. The homes to the west and north are separated by 92nd Avenue and Durham Road, respectively. The area to the east is zoned Light Industrial, and is developed with light industrial uses. See Exhibit'4', Zoning Map. Description of Proposal: • The proposal is to allow school bus parking as a "Civic (Institutional)" use permitted, with restrictions, in the R-1 through R-40 zones. A footnote would provide the details of the restrictions. In this case, the restriction would be that school bus parking is permitted only • at a public high school, and must be located at least 200 feet away from the property line of any parcel used for residential purposes. Bus parking would be a permitted use, not a conditional use. Exhibit'5' illustrates the area where bus parking would be prohibited at the • high school site (200 feet from the nearest property lines of any tax lots that are used for residential), as well as the specific area where the District is proposing to park the buses. . While "schools" are permitted as a Conditional Use in the R-4.5 zone, bus parking is not listed as a permitted use or a conditional use. The definition of "accessory use" is a use that is "incidental and subordinate to the main use of the property". Since the main use of the . property is a high school, and since many of the buses to be parking at this site are not related to the high school use, bus parking would not qualify as an accessory use. Also, the definition refers to an accessory use as a "freestanding structure", and a parking area is not a structure. The proposal text amendment would be made by amending Table 18.510.1, as shown on the following table. The full table, as it would be amended, is attached as Exhibit'6'. TABLE 18.510.1 USE TABLE • USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 CIVIC INSTITUTIONAL Schools C R12 C/R12 CIR12 C/R12 C R1z C R12 C R12 C R12 12 School bus parking is permitted at public high school sites as a restricted use; it must be located a minimum of 200 feet from the nearest property line of any tax lot used for • residential purposes. 3 • ejm/1446.001/docs/plan/applicationfd/11/13/06 Prior Reviews: A pre-application conference with city staff was held on the proposed text amendment on October 10, 2006. (Please refer to the pre-application notes, Exhibit '7'). No neighborhood meeting was held, since this is a legislative amendment. IMPACT ANALYSIS • Impact Analysis. Chapter 18.390.040.B.2.e requires an impact study as part of the Type II procedure. Although the text amendment by itself has no impacts, the subsequent use of a portion of the Tigard High School property for bus parking may have some minor impacts, • depending on exactly where it is located. No improvements to the transportation, drainage, parks, water, and sewer systems are necessary to meet City standards or to minimize the impact of the development on the public at large, public facilities systems, and affected • private property users. Following are comments regarding the impact of parking buses at the high school, based on • the planned location of the bus parking as shown on Exhibit '3'. Transiortation System: There are no significant impacts to the transportation system as a • result of this proposed text amendment or the subsequent use of a portion of the Tigard High School site for bus parking. The proposed text amendment would allow the District to park buses at the high school. Approximately 30 buses would be parked on the site, and • would enter and exit the site twice a day, typically between the hours of 6:15 AM to 8:30 AM, and 3:00 PM to 4:00 PM, although buses may be coming and going throughout the day. The buses will utilize the existing driveways between the swim center and the auditorium. Drainage System: There will be no impact to the drainage system as a result of this proposal. Parks System: There will be no impact to the parks system as a result of this proposal. Water System: There will be no impact to the water system as a result of this proposal. Sewer System: There will be no impact to the sewer system as a result of this proposal. • Noise impacts: There will be some future noise impacts as a result of this proposal because of the buses entering and leaving the site in the morning and again in mid-afternoon. The noise would only affect homes in the immediately surrounding area across Durham Road from the swim center and auditorium. Li6hting: There will be no impact to the lighting system because of this text amendment. No changes to the outside lighting are proposed. The District does not plan to install any new parking lot lights. • Police, Fire and other Emergency Services: There will be no impact to police, fire or other emergency services as a result of this proposal. • Environmental impacts. There will be no impact on sensitive lands (i.e., wetlands, steep slopes, floodplains, or wildlife habitats) as a result of this text amendment, or as a result of the bus parking the text amendment would permit. 4 • ejm/1446.001/docs/plan/applicatiodd/11/13/06 RESPONSE TO STATE PLANNING GOALS The foundation of the statewide land use planning program are a set of 19 Statewide Planning Goals. Goals 1-14 are applicable to Tigard; the rest of the Goals are applicable to coastal areas and the Willamette River greenway areas. The statewide goals are achieved through the Tigard Comprehensive Plan and the City's zoning and land division regulations contained in the Tigard Development Code. This amendment to the text of the Development Code must be consistent with the applicable state policies. Most of the statewide goals are not applicable to the proposed text amendment or the subsequent results of the text amendment. Nonetheless, the following section addresses these goals. State Planning Goals; Goal 1. Citizen Involvement. Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects of the planning process. Even though this is a legislative change to the Development Code that could theoretically apply throughout the City, the City staff plans to notify all property owners within 300 feet of the Tigard High School property, and to notify the neighborhood organizations. This, and the required public notices in the newspaper, provides adequate opportunities for citizen involvement. Goal 2. Land Use Planning. Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an • adequate factual data base to substantiate those decisions and actions. The proposed text amendment allows a new use in a residential zone that the City currently allows only in a commercial zone. However, the use is not a commercial use, and it is a use • that is related to school facilities, which are allowed as conditional uses in residential zones. Goal 3. Agricultural Lands. Preserve and maintain agricultural lands beyond the • Urban Growth Boundary of the community. Not applicable. Goal 4. Forest Lands. Conserve forest lands, not committed for urban uses, for • strictly forest uses. Not applicable. Goal 5. Open Spaces, Scenic and Historic Areas, and Natural resources. Conserve • open space and protect natural and service resources. Not applicable, unless the use was proposed in or adjacent to open spaces, scenic and, historic areas and natural resources, in which case regulations related to those resources would apply. The goal is not • applicable to the specific site where the District plans to park buses. Goal 6. Air, Water and Land Resources Quality. Maintain and improve the quality • of air, water and land resources. Not applicable. In a general sense, the buses will be utilized within the Tigard-Tualatin School District boundaries, regardless of where they are parking when they are not in use. Allowing buses to be parked at the high school will not increase the impacts to the air, water and land resources over the existing impacts caused • by the buses. Goal 7. Areas Subject to Natural Disasters and Hazards. Protect the community's • life and property from natural disaster and hazard areas. Not applicable, unless the use was proposed in or adjacent to area subject to natural disasters and hazards, in which case regulations related to those hazards would apply. The goal is not applicable to the • specific site where the District plans to park buses. 5 • ejm//1446.001/docs/plan/applicationfd/11/13/06 Goal S. Recreational Needs. Meet the recreational needs of the community and the State. Not applicable. Goal 9. Economic Development. Diversity and improve the economy of the community and the State. Not applicable. Goal 10. Housing. Provide adequate housing for the needs of the community, region and state. Not applicable. Since the use will be allowed only at a high school, the land that the use would consume would not otherwise be available to meet the City's • housing needs. Goal 11. Public Facilities and Services. Plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as the framework for urban development. The school buses should be considered part of the community's necessary public facilities. As such, the City needs to address be best place to locate these • facilities so that public services, including school bussing, can be provided efficiently. Goal 12. Transportation. Provide and encourage a safe, convenient and economic • transportation system. The goal calls for a safe, convenient and economic transportation system that addresses the needs of the transportation disadvantaged. Many school children are "transportation disadvantaged". That is why the School District provides bus services. • Allowing the District to park buses at the high school furthers the goal of creating a safe, convenient and economic transportation system. • Goal 13. Energy Conservation. Conserve energy. Not applicable. Re-locating the bus parking area to the high school will not significantly impact the energy used by the buses. • Goal 14. Urbanization. Provide for an orderly and efficient transition from urbanizable to urban land uses. Not applicable. RESPONSE TO METRO PLANS Regional Framework Plan In 1992, the region's voters adopted a Charter for Metro that required the adoption of a Regional Framework Plan. The Regional Framework Plan, updated and effective 12/28/05, unites all of Metro's adopted land use planning policies and requirements. The Charter directs Metro to address the following subjects in the Plan: Management and amendment of the Urban Growth Boundary • Protection of lands outside the Urban Growth Boundary for natural resource use and conservation, future urban expansion or other uses • Urban design and settlement patterns • Housing densities Transportation and mass transit systems • Parks, open spaces and recreational facilities • . Water sources and storage • Coordination with Clark County, Washington • Planning responsibilities mandated by state law • . Other issues of metropolitan concern • ejm/1446.001/docs/plan/applicationfd/11/13/06 Chapter 1 of the Regional Framework Plan addresses school and local government plan and policy coordination, as follows: 1.14 School and Local Government Plan and Policy Coordination. It is the policy of the Metro Council to: • 1.14.1 Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional • Framework Plan. 8.3 Schools It is the policy of the Metro Council to: • 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public needs are met without jeopardizing opportunities for citizen • input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner (including funding) with • school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). • Response. A parking area for school buses is a school-related public facility. This policy directs and encourages the City to accommodate school-related public facilities in the City's Comprehensive Plan and implementing ordinances. It also encourages joint use of school • sites for the public good. The proposed text amendment is consistent with this policy. Urban Growth Management Functional Plan • Metro's Urban Growth Management Functional Plan provides tools that help the cities and counties with territory inside the Metro Urban Growth Boundary meet the goals of the 2040 Growth Concept. The Urban Growth Management Functional Plan is Section 3.07 of the • Metro Code. There are 12 titles in that section, which are summarized below. Title 1 (Metro Code Sections 3.07.110 - 3.07.170) - Requirements for Housing and Employment Accommodation. This section of the Functional Plan facilitates efficient use • of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment which serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to • another location. Cities and counties must report changes in capacity annually to Metro. • Response: The land that the School District plans to use for bus parking, while zoned for residential uses, is part of the high school campus, and would not otherwise be used for homes. The text amendment does not reduce the City's housing capacity. 7 • ejm/1446.00 1/docs/plan/applicationfd/l 1/13/06 0 0 0 0 Title 2 (Metro Code Sections 3.07.210 - 3.07.220) - Regional Parking Policy. The 0 Metro 2040 Growth Concept calls for more compact development to encourage more • efficient use of land, promote non-auto trips and protect air quality. In addition, the federally mandated air quality plan adopted by the state relies on the 2040 Growth Concept 0 fully achieving its transportation objectives. This title establishes regionwide parking 0 policies that set the minimum number of parking spaces that can be required by local governments for certain types of new development. It does not affect existing 0 development. Parking maximums are also specified. By not creating an over supply of 0 parking, urban land can be used most efficiently. • Response: This Title is not applicable. It does not apply to bus parking. Nonetheless, it 0 would allow a more efficient use of urban land. 0 0 Title 3 (Metro Code Sections 3.07.310 - 3.07.370) - Water Quality, Flood • Management and Fish and Wildlife Conservation. The goal of the Stream and Floodplain Protection Plan (Title 3) is. to protect the region's health and public safety by r reducing flood and landslide hazards, controlling soil erosion and reducing pollution of the • region's waterways. Title 3 specifically implements the Oregon Statewide Land Use Goals 6 and 7 by protecting streams, rivers, wetlands and floodplains by avoiding, limiting or 0 mitigating the impact on these areas from development. 0 • Response: This Title is not applicable. The high school campus does not have any streams, rivers, wetlands or floodplains. 0 Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other 0 Employment Areas. Title 4 places restrictions of certain uses in three designations on-the 2040 Growth Concept Map. In Regionally Significant Industrial Areas, non-industrial uses are limited to: 0 • Retail uses less than 20,000 square feet and amounting to only 5 percent of the • contiguous Regionally Significant Industrial Area • Commercial office uses that are not accessory to the industrial uses with the exception of large corporate headquarters, and; • Uses necessary to serve the needs of businesses and employees of the Regionally Significant Industrial Area. In Industrial Areas, non-industrial uses are limited to less than 20,000 square feet and amount to 10 percent of the Industrial Area. • In Employment Areas, retail uses are limited to less than 60,000 square feet. This can be increased if it is demonstrated that transportation facilities are adequate to serve the retail use and to serve other planned uses in the Employment Area. Response: This Title is not applicable. 0 • Title 5 (Metro Code Sections 3.07.510-3.07.540) - Neighbor Cities and Rural Reserves. • This section of the Functional Plan directs Metro to work with its neighbor cities to protect common locations for green corridors along transportation corridors connecting the Metro 0 • 8 • ejm/1446.001/docs/plan/applicationfd/I1/13/06 0 region and each neighboring city. The intent is to protect the land along these corridors from continuous strip development to maintain their rural character and agricultural economy. i Metro's neighboring cities are Canby, Sandy and North Plains. Title 5 requests that the counties and the cities adjacent to green corridors and rural reserves adopt comprehensive plan policies to reflect the rural reserve policies contained in the 2040 . Growth Concept. Response: This Title is not applicable. • Title 6 (Metro Code Sections 3.07.610 - 3.07.650) - Central City, Regional Centers, Town Centers and Station Communities. The intention of Title 6 is to enhance the Centers designated on 2040 Growth Concept Map by encouraging development in these Centers. Metro • will work with cities and counties to implement development strategies which will include an analysis of the barriers to development, an accelerated review process for preferred types of development, an analysis of incentives to encourage development and a program to adopt the • incentives. Cities and counties are encouraged to site government offices in Centers and are required to report on the progress made in their Centers to Metro every two years. • Response: This Title is not applicable. Title 7 (Metro Code Sections 3.07.710-3.07.760) - Affordable Housing. This section of • the functional plan will ensure that all cities and counties in the region are providing opportunities for affordable housing for households of all income levels. The intent of Title 7 is to provide a choice of housing types, reduce barriers to sufficient and • affordable housing for all income levels in the region, create housing opportunities commensurate with the wage rates of jobs available across the region, initiate a process for addressing current and future needs for affordable housing, and reduce concentrations of • poverty. Local jurisdictions are required to report on land-use and non-land-use tools and strategies they have considered for adoption by January 31, 2002; to report on status of comprehensive plans amendments and adoption of affordable housing land-use tools by December 31, 2003; and to report on the amendments to comprehensive plans, outcomes of affordable housing tools • implemented and any other affordable housing developed and expected by June 30, 2004. Response: This Title is not applicable. • Title 8 (Metro Code Sections 3.07.810-3.07.890) - Compliance Procedures. This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance . procedures and establishes a process for time extensions and exemptions to Metro Code requirements. Response: This Title is not applicable. Title 9 (Metro Code Sections 3.07.910-3.07.920) - Performance Measures. This title ensures that progress or lack of progress is measured in the implementation of the Urban Growth Management Functional Plan (UGMFP) and the 2040 Growth Concept. This will help ensure better program management. Indicators for monitoring and evaluating policies and 9 • ejnV1446.001/docs/plan/applicationfd/I1/13/06 requirements in each Functional Plan title will be identified and reviewed by the Metro Policy Advisory Committee (MPAC), the Joint Policy . Advisory Committee on Transportation • (JPACT) and adopted by the Metro Council. Metro will gather the data necessary for measuring progress with the assistance of the local jurisdictions. Analysis of the data will include reporting at the regional level, jurisdiction levels and Growth Concept design type boundaries or center • areas. Response: This Title is not applicable. • Title 10 (Metro Code Section 3.07.1010) - Definitions. This title defines the words and terms used in the document. • Response: This Title is not applicable. Title 11 (Metro Code Sections 3.07.1105 - 3.07.1140) - Planning for New Urban Areas. The purpose of this title is to guide planning of areas brought into the UGB for conversion from rural to urban use. All land added to the UGB shall be included within a city's or county's comprehensive plan prior to urbanization. The comprehensive plan amendment must be consistent with all applicable titles of this Functional Plan. Title 11 lists ten provisions that need • to be addressed in the comprehensive plan amendment including an urban growth plan diagram and policies consistent with the Regional Framework Plan and adopted 2040 Growth Concept design types. Response: This Title is not applicable. Title 12 (Metro Code Sections 3.07.1210 - 3.07.1240) - Protection of Residential Neighborhood. The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. Response: This Title is somewhat applicable. Section D. of this Title states: • D. To make public schools more accessible to neighborhood residents, cities, counties and school districts shall prioritize school sites that are near concentrations of population and are connected to those concentrations by safe and convenient walking, biking and, where transit is available or planned, transit facilities. The intent of this title is to encourage siting of school facilities in locations that encourage access via a range of transportation modes, and that protect existing residential neighborhoods • from pollution, noise and crime. The proposed text amendment, with the requirements that bus parking is restricted to high school sites, and then only if the proposed location for the bus parking is located at least 200 feet away from existing residential uses, is consistent with this • title. 10 • ejm/1446.001/docs/plan/applicationfd/I1/13/06 • RESPONSE TO COMPREHENSIVE PLAN POLICIES • Comprehensive Plan Policies The Comprehensive Plan provides the policy framework for the City's planning program, and directs the implementation strategies. Like the statewide goals, many of the policies are not directly applicable to the proposed text amendment. Following are the applicable policies. There are twelve policy areas listed in the Comprehensive Plan, which are not exactly the same as the state goals. 1. General Policies. Not applicable. • 2. Citizen Involvement. Applicable. POLICY 2.1.1 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. Response: The City staff plans to notify all property owners within 300 feet of the Tigard High School property, and to notify the neighborhood organizations. This, and the required • public notices in the newspaper, provides adequate opportunities for citizen involvement. 3. Natural Features and Open Space. Not applicable. 4. Air, Water and Land Resources Quality. The policy on noise is applicable. 1 • POLICY 4.3.1 THE CITY SHALL: a. REQUIRE DEVELOPMENT PROPOSALS LOCATED IN A NOISE CONGESTED AREA OR A USE • WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO THE SITE PLAN: 1. BUILDING PLACEMENT ON THE SITE IN AN AREA WHERE THE NOISE LEVELS WILL • HAVE A MINIMAL IMPACT; OR 2. LANDSCAPING AND OTHER TECHNIQUES TO LESSEN NOISE IMPACTS TO LEVELS COMPATIBLE WITH THE SURROUNDING LAND USES. • b. COORDINATE WITH DEQ IN ITS NOISE REGULATION PROGRAM AND APPLY THE DEQ LAND USE COMPATIBILITY PROGRAM. c. WHERE APPLICABLE REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY • (PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL) THAT ALL APPLICABLE STANDARDS CAN BE MET. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code shall ensure that future "noise sensitive" developments are designed and located so as to minimize the intrusion of noise from motor vehicle traffic and/or neighboring noisy uses. • 2. The Tigard Community Development Code shall ensure that new commercial, industrial and public developments are landscaped and designed such that Department of Environmental Quality (DEQ) noise standards are met and neighboring "noise sensitive" • properties are not negatively impacted by the new land use or associated activities. This shall be accomplished through building setbacks, buffering standards and use compatibility. ~ 11 • ejm/1446.001/docs/plan/applicationfd/11/13/06 3. The City shall seek a response and/or assistance from the Department of Environmental Quality (DEQ) when reviewing commercial or industrial uses in or near residential areas to • prevent degradation of previously quiet environments. Response: The proposed site is not in a noise congested area, or a use that will generate • noise in excess of applicable standards. It does not involve the placement a building. It will minimize the intrusion of noise from the noise sensitive residential areas by being set back on the site at least 100 feet away from the property line. 5. Economy. Not applicable. • 6. Housing. Policy 6.6 is somewhat applicable. 6.6ALL AREAS • POLICY 6.6.1 THE CITY SHALL REQUIRE: • a. BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR EXAMPLE BETWEEN SINGLE FAMILY RESIDENTIAL AND MULTIPLE FAMILY RESIDENTIAL AND RESIDENTIAL AND COMMERCIAL USES, AND RESIDENTIAL AND INDUSTRIAL USES) • AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPES AND EXTENT OF THE REQUIRED BUFFER: 1. THE PURPOSE OF THE BUFFER, FOR EXAMPLE TO DECREASE NOISE LEVELS, ABSORB AIR POLLUTION, FILTER DUST OR TO PROVIDE A VISUAL BARRIER; 2. THE SIZE OF THE BUFFER NEEDED IN TERMS OF WIDTH AND HEIGHT TO ACHIEVE THE PURPOSE; 3. THE DIRECTION(S) FROM WHICH BUFFERING IS NEEDED; 4. THE REQUIRED DENSITY OF THE BUFFERING; and 5. WHETHER THE VIEWER IS STATIONARY OR MOBILE. Response: While the land use (a public school) is different from the land uses allowed on • the adjacent and nearby properties, schools are allowed in the R-4 zone. Typically, no buffering is required between a school and adjoining residential properties. (CHECK BUFFER CHART) Nonetheless, the proposed text amendment would require a 100-foot buffer . • between the property line and the bus parking area, when the adjoining property is zoned residential. • The proposed bus parking area is not adjacent to a residential area, so no visual barrier is needed. Further, any noise impacts from the buses would be caused by the moving buses, not from the parked buses, so buffering would not have any effect on the noise levels. 7. Public Facilities and Services - Partially Applicable. • 7.8 SCHOOLS Findings The location and development of school facilities has a significant impact on residential development, transportation system location and development of public facilities and services. POLICY 12 • ejnV1446.001/docs/plan/applicationfd/l1/13/06 7.8.1 THE CITY SHALL WORK CLOSELY WITH THE SCHOOL DISTRICTS TO ENSURE THE MAXIMUMUM COMMUNITY USE OF [THE] SCHOOL FACILITIES FOR TIGARD • RESIDENTS THROUGH LOCATION CRITERIA AND THE PROVISIONS OF URBAN SERVICES. • IMPLEMENTATION STRATEGIES 3. The City shall develop "Locational Criteria" and will cooperate with the school districts in their efforts to select new school sites in order to ensure adequate facilities and minimize conflicts with the Comprehensive Plan. Response: Parking for school buses should be considered a "public facility" or part of the "school facilities". The location of school facilities was considered when the Comprehensive Plan was adopted. The Comprehensive Plan map designates the Tigard High School site as "Public Institution" which includes areas deemed appropriate for "municipal uses, school uses or other public uses". Schools, and particularly high schools, can have significant impacts on residential neighborhoods. Parking buses at the high school intensifies the impact of the high school somewhat, but setting the bus parking back from the street, out of view from Durham Road, and not near or abutting any homes, mitigates this minor added impact. • 8. Transportation - Not applicable. 9. Energy - Not applicable. 10. Urbanization - Not applicable. • 11. Special Areas of Concern - Not applicable. 12. Location Criteria - Applicable 12.4 COMMUNITY UTILITIES AND FACILITIES • Public utilities and facilities include public and private activities which are owned and operated for the benefit of the public. These include, for example, schools, libraries, hospitals, parks, golf courses, police and fire. stations, water service, sewerage facilities and • other operations performed as a public service. These facilities and uses have a direct effect on the public health, safety and welfare. They must be located in a manner which maximizes the net gains to the public and relates to the service area. The purposes of this section are to: 1. Provide services where and when appropriate; • 2. Locate community utilities and facilities where appropriate access and required services can be achieved; 3. Support community identify and development of community centers; 4. Reduce auto trips by clustering public services with other commercial, office and industrial uses; 5. Minimize adverse impacts on adjacent development through site location and design guidelines; and 6. Promote reduced crime potential through design and location based on principals of defensible space. 13 • ejm/1446.001/docs/plan//applicationfd/I1/13/06 POLICIES • 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNI7Y FACILTIES IN A MANNER WHICH ACCORDS WITH; A. THE APPLICABLE POLCIES IN THIS PLAN; • B. THE LOCATIONAL STANDARDS APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. • This section of the Comprehensive Plan then lists various land uses, and groups them according to impact. High schools are listed under "medium impact utilities and facilities". • Section 2 lists locational criteria for these types of utilities and facilities. These locational criteria apply to broad categories of land uses. The following section shows that school bus parking at a high school is consistent with the locational criteria. 2. Medium Impact Utilities and Facilities (1) Access (a) There is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) Site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) There is public transit within one-quarter mile of the site. • Response. The bus parking area will have direct access to Durham Road, a collector street. Traffic will not be routed through local neighborhood street. The site access driveways to the high school are already well established, and are being used, or have been • used in the past, by buses. There is public transit within one-quarter mile of the site. (2) Impact of the Proposed Change on Adjacent Lands • (a) It is compatible with surrounding uses, considering scale, character and use. (b) It will reinforce orderly and timely development. • (c) Associated lights and noise will not interfere with the activities and uses on the surrounding properties. (d) Large scale construction and parking lots can be buffered from . • adjacent uses. (e) Privacy of adjacent residential developments can be maintained. (f) The site layout can respond to existing community identity and street patterns. (g) Buffering can screen the project from adjacent uses. (h) There is adequate area landscaping to filter the dust from the site • area. Response: The bus parking area will be compatible with the surrounding uses, which are a • high school campus and industrial buildings. The lights and noise from the buses will not interfere with the activities of the high school or with the adjacent industrial uses. The use will be buffered by the proposed location on the high school campus, and by the proposed • 100-foot setback from the adjoining residential property lines. There are no residences near where the District plans to park the buses. Buffering is provided with the deep setback, and screening is provided by the stand of oak trees. • (3) Site characteristics 14 • ejnV1446.001/does/plan/applicationfd/11/13/06 (a) The land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through • engineering techniques, all limitations to development and the provision of services can be mitigated. (Note: This does not apply to parks.) • (b) The site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) The unique natural features, if any, can be incorporated into the design of the facilities or the arrangement of land uses. • Response: The site is flat. The campus is quite large, with few environmental constraints, and the high school buildings and fields are already firmly established. The proposed bus parking area does not diminish the use of the property for other present or • future uses. The natural features of the site will serve as a buffer from the residential areas on the north side of Durham Road. RESPONSE TO DEVELOPMENT CODE REQUIREMENTS Development Code criteria and standards S The applicable Development Code Sections are Chapters 18.380 (Zoning Map/Text Amendments); 18.390 (Decision Making • Procedures/Impact Study); 18.510 (Residential Zoning Districts); and 18.745 (Landscaping • and Screening Standards) - if necessary. Chapter 18.380.020 requires Legislative Text Amendments to the Development Code • requires a Text Amendment to be processed by a Type IV procedure, which is how this application will be processed. Therefore, the application meets the requirements of Chapter 18.830. Chapter 18.390 provides the procedures for reviewing proposed text amendments. This application will go first to the Planning Commission, which will make a recommendation to . the City Council. A District had a pre-application conference with the City staff. The Director indicated that he would waive the application time period. Eighteen copies of_the application have been submitted, along with the application fee and a completed application • form. The appropriate criteria have been addressed by the applicant. The City will provide the property notices (and in fact, will send notices to all property owners within 300 feet of the high school, which is not a requirement of the Code). Section 18.390.060.G requires the Planning Commission and City Council to base their decision on the following factors: • 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; M 2. Any federal or state statutes or regulations found applicable; . 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. The application addresses these factors. Therefore, the application meets the requirements of Chapter 18.390. 15 • ejm/1446.001/docs/plan/applicationfd/11/13/06 Chapter 18.510 lists the uses allowed in the R-1 through R-40 zones, and the development standards that apply. Section 18.510.030.2 provides for "restricted uses", which is a use permitted outright providing it is in compliance with special requirements, exceptions or restrictions. The proposed text amendment creates a new restricted use, listed under the CIVIC (Institutional) category, and identifies the restrictions that would • apply to that use in a residential zone. Therefore, the application meets the requirements of Chapter 18.510. • Chapter 18.745 establishes standards for landscaping, buffering and screening of land uses in order to enhance the aesthetic environmental quality of the City. This section does not apply specifically to a Text Amendment, but may apply to the proposed bus parking. • Section 18.745.020 states that the provisions of this chapter apply to "...a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. However, schools are a use permitted in a residential zone, so they are considered the same use. No buffering or screening would normally be required, according to Table 18.745.1. • Even if the school and the nearby house are considered different uses, buffering, but not screening, is required when the uses are separated by a right-of-way, according to Section 18.745.050.A.2. (Actually footnote [1] of Table 18.745.2 contradicts this requirements by • stating "Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050.A2.") • Nonetheless, the proposed Text Amendment would require a 200-foot setback from any property line of a parcel used for residential purposes, which results in a much greater buffer than the buffer distances required by Table 18.745.1. Although the application is for a Text Amendment and not for approval of a specific site, the proposed location is next to properties zoned and used for industrial purposes, and is • screened from view from Durham Road by buildings and trees. Allowing buses to be parked at the high school is a good idea. Bus parking is a school- related public facility and use that is appropriate on a high school campus. The 43-acre • high school site is designated "public/institutional" on the Comprehensive Plan map, and is already developed as a high school. It will also help reduce vehicle miles traveled, as buses serving the southern portions of the district can be located at the high school instead of the • bus barn further north on Hall Boulevard. The simplest and most consistent method of allowing bus parking at the high school is to • simply make it a restricted use under the "Civic (Institutional)/Schools" category, with restrictions that include 1). It has to be located on a high school campus; and 2). It has to located a minimum of 200 feet from any property line of a parcel that is used for residential • purposes. 0 0 0 0 0 16 • ejnV1446.001/docs/plan/applicationfd/11/13/06 0 EXHIBITS Exhibit'1' Tax Map • Exhibit '2' Aerial Photograph Exhibit'3' Aerial Photograph - East Property Exhibit'4' Zoning Map • Exhibit '5' No Bus Parking Buffer Map Exhibit '6' Table 18.510.1 - As Proposed Exhibit '7' Pre-application Conference Notes 17 • ejnV1446.001/docs/plan/applicationfd/11/13/06 Legend I i Subject Property (2S114AA00100) { 2S I t AA e: ROAD sw DURHAM E 4$ " c ~ L L i F L} I k3~ k... yF ~I. . I t' I j.. L N T tx ' ~Y ~ t U 23-74 0 V.~ r w` I , z • M 1 7 t 4 1"i { tt t6 't ( 4 4 t rt ' M ,`k p A yA 4 bkb yurv ~M Y ~ ux ~ 'C Wn ,syk u d` a E ; s.m { y k WAVERLY tre y 0 a t e, Exhibit 1 Tax Map 111/0(3/2006 I j Scale: I ~ `k ~ # Bus Parking Text Amendment I - Not To 'Scale I 0 ( City of Tigard, Washington County, Oregon ~~P{>,~~{~: I 0115 NlV W LOh EUI l1e n s. sae o r{ u~: a w1416 001 t70 m { t { n 4 m c m e,r v JV si'li tysul Coy {y Inlortn awn F,y CEB ~ 5~ ~ ' ~ vt - X ~ ,r.„, y ~ •r u ~ o-s'r y : lo, s'' ~KK kg-E YY°A~ N rp Y 6 y @ :3 a~ t m ~ b i i M '-0, i { W, ~g may` , ,ma c, TF y 4 - 'w § j } e' ~ a 7a' ro+* s q• :n e r w^ ~ ~ E~ •A 3, 1X~~'~~ .rnn"E.u S :ww,l, 43sy q,'~ fi d NYS ^n~„~ $ 'o qg k ~ i ~p piY C I r _ . a s w gl , - •qq k aflg y x ~~qp y ' M d, _4 AbsY a, y 3~tr', 9"'" reimr ~ :p' ! ggq 5~ gy~, fd' d° M a'(P M fSq, T[,~4, : EY p W '.•E AY '~jy a,~ rYM w 14 a m xi a0y 4h Y ~v a„y „ dR' ~ .w Yy } 1 Exhibit 2: Aerial Photograph Da`R.:. T ~ iMoa-2U0r I ~\RArI Bus Parking Text Aend€ ent sc:,.1e. I ~ ~ : 7i1 ' coo =t City of Ttgard Washington County, Oregon j f P;4 fnHr ,~nl;fa,r__~iy;, ( Swans 1.146.00100 r ~^:.r..~C:nG; ftesoufc-;.:,rrt'r E~Lla lat: OaLt !kunu>.t 2,i(}u .,nd Data Rcsrmn . Crync. RUE Mill Drawn PY: CE-:H l Wilk §1 r" t 'k t' g a y d t rea , ~ P - Subject Property (25'I 14AAOO100) S x E$ r Tax Lots Proposed Bus Parking Atea g^ 4 t t s & # J"I qk u S a' z' p h 0 b d9 d" u ' ,A N arm fit, ix - ~'4 4 't ,n , I x= ~ fit„ ^ } .:.gyp:.', ..__...-_r ...~..3 C:atr.- Exhibit . Aerial Photograph East Property Sus Parking Text Amendment i sC<,, in, _ <t rt rt City of Tigard, Washington County, Oregon r:. NI : r.u.a:ea..:;POt aE Pt'Crj-.• 1-1411') 1 O t7 rf, uv., -a.c :V4: ho Cr.vo Rra nv~.a ~ encr,. FLfS i a., Data B:>' Pugu~. SQJt „od Cti=;r,4?,G:Rr-i,rr:^=c:,ni,:,, (-•ue F:n,•a, :'f+Gi I Drawn 6y: C`EB li 2nhncs C€asthcath€ rs ' (PO) 4.-4~. C:l'CSf; F.:J i„o5Y5Y;xU'[&2h * - - H` & C-N Nert,{h[u f tx',i r: omtr v( Sat i i: R42 3,0%SqvtMifs Lot" (2-7 ' S f7(1(4 ;it3 F § Mitt Lot Srf i~ JPD) S 1~ ....^tij F -1 7{Jrrirv{0"n,.t t3c:ss:tr;;m F'i;rtt Clay Lairs ftlt~ WeLi~ds FEMA lWyr f'hxz ~SLYrt ! - - - Taxtcn 5ut!z't ity -1 1 IL> 17 77 13 Durham Elomentary t fr t r ~ C'~ I-P w' z 'Y t " i F' JJ I - i s I _ R-1 4 2 aJ Date: Exhibit 4: Zoning 11/139.200! Bus Parkin Text Amendment Not To Scak, ,a City of Tigard, Washington County, Oregon R;,J;er: . ih i 8 o.m. F4 ;raw!} By „E43 ~ TT _ . t. ,fat' r r a Legend W. 5' ji r shy' Subject Property {2S1 14AACIO 100) 200ft. No Bus Parking Buffer i Tax Lets y 'l a . p 5„w Y#d ~M . 5 °N„ ~4 '.a. P w i 1 "at x i { ~•4' a ~,'W,4 ♦ ~ r 0 11 ffi ' y' t 7 LL _i DaIc. Buffer 11/09;20(lf', Exhibit 5: No Bus Parking 200 ft, - - °.d [ Bus Parking Text Amendment - =.MOn City of Tigard, Washington County, Oregon I p4.rrt. Pos.Cent . 0c aaiJ y iiizttMtl y{ C.r. ; ;u :'.,n a'. •,°uu _t[,. Data Fsn:uce G~rh: r. PLI ~ Puclo, "001 (I L _ fi_ _ Exhibit 6 TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 • RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C • Home Occupation RZ RZ R2 Rz R2 R2 Rz RZ HOUSING TYPES Single Units, Attached N N N Rg R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P p Mobile Home Parks/Subdivisions N N C C P P P P • CIVIC (INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C • Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P/CS P/CS P/CS P/CS P/CS P/CS P/CS P/C5 Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P • Religious Institutions C C C C C C C C Schools C/R 12 C/R12 C/R12 C/R 12 C/R12 C/R12 C/R12 C/R 12 Social/Fratemal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N • - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail • - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R'' - Repair-Oriented N N N N N N R" R" -Bulk Sales N N N N N N N N -Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N 18.510-3 TABLE 18.5110.1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N • Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N CIO CIO CIO INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N • Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N • Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P~ P6 P6 P6 P~ N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N • Mining N N N N N N N N Wireless Communication Facilities P/R' P/R' P/R' P/R' P/R' P/R' P/R' P/R' Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. • 'Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. • 'In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. • 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household • pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 18.510-4 7See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. • 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 100nly park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 12 School bus parking is permitted at public high school sites as a restricted use; it inust be located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. • 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.71 5020C and still comply with all of the development standards in the underlying zoning district, • as contained in Table 18.5 10.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in • Table 18.510.2. 18.510-5 0 -7 • CITE( OF TIGARD • • PRE-APPLICATION CONFERENCE NOTES Community ;:ei;;;ent • (Pre-Application Meeting Notes are Valid for Six (6) Months) Shaping.A Better Community • • • I %qP. mr, DqE l0 j o NON-RESIDENTIAL • APPLICANT: AGENT: 4!e.(I~ HD css • Phone: (r°~) ?I - Phone: zz ~G - • PROPERTY LOCATION: • ADDRESS/GENERAL LOCATION: C~ -I-.I j,J : d e . s ~ d e n j; Od 2 u' e-s • • TAX MAP(S)/LOT #(S): • NECESSARY APPLICATIONS: iJC.i~ C IJ~'v~'Ic crrj e;~~ c' ~e= /a r•~z•«t;~e • • • PROPOSAL DESCRIPTION: m e N A -k x+ i3 f 4Vic, v e s; d e pi4{a 1 t t.;-e. o e • TC P?l V v ►7 i L J' /Ci . ? q i S + GL t~ e • COMPREHENSIVE PLAN • MAP DESIGNATION: J." ; z re s • • ZONING MAP DESIGNATION: • • • NI ~ ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. • MINIMUM LOT SIZE: sq, ft. Avera e i width: ft. Max. building height: ft. Sethadm Front ft. Side Rear ft. Comer ft. from street. • MAXIMUM SITE - % Minimum landscaped or natural vegetation area: • NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting HandouU , THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED I e PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two `.a jr (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout conceming site posting and the meeting notice. Meeting is to be held prior to • submitting your application or the application will not be accepted. • NOTE: In order to also preliminarily address building code standards, a meeting with a Plans • Examiner is encouraged prior to submittal of a land use application. • • CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Applicadon/Planning Division section • > If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following fonnula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to matunty. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA [Refer to Code Chapter 18.7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refef to Code Section 18.810.060) • MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. • The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2times the minimum lot size of the applicable, zoning district. CODE CHAPTERS 18.330 (Conditional Use) 18.620 (Tigard Triangle Design Standards) 1$.765 (off-Street ParkingA_oading Requirements) _ 18.340 (Directors interpretation) 18.630 (Washington Square Regional Center) _ 18.775 (Sensitive Lands Review) 18.350 (Planned Development) 18.705 (AccesslEgress/clrculation) - 18.780 (signs) • 18.360 (Site Development Review) 18.710 (Accessory Residential Units) _ 18.785 (Temporary Use Permits) • 18.370 (variances/Adjustments) 18.715 (Density computations) _ 18.790 (Tree Removal) 18.380 (Zoning MaplText Amendments) 18.720 (Desgn Compatmboy standards) _ 18.795 (visual Clearance Areas) _ 18.385 (Miscellaneous Permits) 18.725 (Environmental Performance Standards) _ 18.79$ (Wireless Communication Facilities) • 18.390 (Decision Malting ProceduresAmpad study) 18.730 (Exceptions To Development standards) _ 18.810 (street & Utility Improvement Standards) • 18.410 (Lot Line Adjustments) 18.740 (Historic overtay) _ 18.420 (Land Partitions) 18.742 (Home occupation Permits) 18.430 (subdivisions) _A 18.745 (Landscaping & Screening Standards) - i roc c e 5 s c: r) • X 18.510 (Residential Zoning Districts) 18.750 (Manufactured(Mobil Home Regulations) • 18.520 (Commercial Zoning Districts) 18.755 (Mixed solid Waste/Recyciung Storage) 18.530 (industrial Zoning Districts) 18.760 (Nonconforming Situations) • CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section • ADDITIONAL CONCERNS OR COMMENTS: • e' ) n i i P •7'-1; r' :1 r n L,t-s i i e'.- i •C Y C- c ; i -a<^Ytr_ L y r ^ rn `r~ l r c.i f~~ ctrl a ;-d Vie. velv„-Y, e.,? f ho-js; c'{... P'Ic:iv, • ' • ~ I N r^ Z l~~,L- C~~, E i ci~~fi alert • r " LnYihryl5 al rnrSJ'~-L I'C;tiYinG_'T►%►' I'r'!'i):'+"~rY7Cnt~ ct-asie.~ '~r • ~'c ~ L' ✓1 C ;t 61L , _ ~P~r! a nr ~ / r;- _l l C' rZ SZ1, Ct-Yak f'iei~r r i • Re t1= ! i ,-t' l , t'J_ c~_ 7 t~ sG' al o t' 2 e~ • _ ~~nl~ r ~ - ~c,e~ S; nn Ccea2 r~-,-~,r:,~~:~e;,•+ also 20i9,,oo~f-rte Ey "Z 0 is l - c r • t 'e u: P,,-) --ijii s /Z "Qle c.Je cc^..4a- /4 LL`rcr ( a,lanJ , 1 0UK' • • a rest o ) SGJ i3S K~ 4 be n oss kle tj ihi eLn ad ;LAAr -e 4 . • • • • - • • • • • PROCEDURE • Administrative Staff Review. • Public hearing before the Land Use Hearings Officer. • Public hearing before the Planning Commission. • Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be • held by the City Council. APPLICATION SUBMITTAL PROCESS • All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be • retumed. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2* 'x 11 One 8%.1 x 11 map o a propose protect shall be submitted or attachment to the sta report or • administrative decision. Applications with unfolded maps shall not be accepted. • The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. • CITY OF TIGARD.Pre-Application Conference Notes Page 7 of 8 • NON-Residential Application Planning Division Section • The administrative decision or public hearing will occur approximately 45 to 60 days after an application is accepted as being complete by the typically nning Divisin. Applicatins involvindifficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Lti'~1a . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS • OBTAINED). PLEASE NOTE: The conference an notes cannot cover a e requirements an aspects related to 0 site planning that should appplyy to the development of your site plan. Failure of the staff to provide information required by the Gode shall not constitute a waiver of the applicable standards or requirements. • It is recommended that a prospective applicant either obtain and read the Community Development Code or ask an questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN 0 APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). 0 • PREPARED BY: y C X CITY Of TIGARD PLANNING DIVISION - STAff PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 fAX: 503-684-1297 0 EMAIL: (s~a~ i @t:tigar+or.us • TITLE 18 (CITY Of TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.ci.vgard.or.us K\patt \masters\Pre-App Notes Commercial.doc Updated: 15-Dec-04 • (Engineering section: preapp.eng) • CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-2esidenbal AclplicaknAanning Division Section p61 Cl ~~plrccJ-oiL P 6~16ef--S • VOLUME Il • FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES TABLE OF CONTENTS Policy # Page # • INTRODUCTION ✓ 1. GENERAL POLICIES 1-1 2. CITIZEN INVOLVEMENT 2-1 • 3. NATURAL FEATURES AND OPEN.SPACE 3-1 3.1 Physical Limitations and Natural Hazards and Wetlands i 3.2 Floodplains 3.3 Natural Resources 3.4 Natural Areas 3.5 Parks, Recreation and Open Space 3.6 Park Standards • 3.7 Historical-Cultural Resources 4. AIR, WATER AND LAND RESOURCES QUALITY 4-1 4.1 Air Quality 4.2 Water Quality • 4.3 Noise Pollution 4.4 Land Resources • 5. ECONOMY 5-1 • 6. HOUSING 6-1 6.1 Housing Needs - 6.2 Housing Costs • 6.3 Established Residential Areas 6.5 Housing Conditions • s/6.6 All Areas 7. PUBLIC FACILITIES AND SERVICES 7-1 • 7.1 General 7.2 Storm Drainage and Wastewater Management 7.3 Water Service • 7.4 Sewer Service 7.5 Police Protection • 7.6 Fire Protection 7.7 Private Utilities ✓7.8 Schools . 7.9 Health Services 7.10 Local Government Facilities 7.11 Library Services • 7.12 Solid Waste Disposal and Recycling • 8. TRANSPORTATION 8-1 8.1 Transportation System 8.2 Trafficways • 8.3 Public Transportation 8.4 Transportation for the Disadvantaged 8.5 Pedestrian and Bicycle Pathways • 8.6 Railroads • 9. ENERGY 9-1 10. URBANIZATION 10-1 10.1 Annexation of Land 10.2 Extension of Services Outside the City Limits • 10.3 Annexation of Land Outside the Urban Growth Boundary • 11. SPECIAL AREAS OF CONCERN 11-1 11.1 Neighborhood Planning Organization #1 • 11.2 Ash Avenue 11.3 Neighborhood Planning Organization #3 11.4 Neighborhood Planning Organization #4 11.5 Neighborhood Planning Organization #5 11.6 Action Areas • 11.8 Neighborhood Planning Organization #8 11.9 Washington Square Regional Center 11.10 Durham Quarry Mixed Use Development Area 12. LOCATIONAL CRITERIA 12-1 • 12.1 Residential 12.2 Commercial 12.3 Industrial 12.4 Community Utilities and Facilities 12.5 Mixed Use Districts X~e Oregonian EST. 1850 Practically Indispensable. . 9320 SW Broadway, Portland, OR 97209-3499 Affidavit of Publication City of Tigard 13125 SW Hall Blvd Tigard OR 972238144 - - - - - - - - - - - - - - - - - - - - - - - - - new o y;,za.. l ('r4e Oregonian + EST. 1850 Practically Indispensable. . 1320 SW Broadway, Portland, OR 97201-3499 Affidavit of Publication I G. MATTER , duly sworn depose and say that I am the Principal Clerk Of The Publisher of The Oregonian, a newspaper of general circulation, as defined by ORS 193.010 and 193.020, published in the city of Portland, in Multnomah County, Oregon; that the advertisement, (the printed text of which is shown below or shown in the attached tear sheet) was published without interruption in the entire and regular issue The Oregonian or the issue on the following dates: 2/27/2007 =PUBUC-OREGON L Principal Clerk of the Publisher: EGON SEID P!M:NOTARY EFEB 2 8 2007 7505 . 23, 2009 Subscribed and sworn to before me is date- 'i &6 Notar y: Ad Order Number: 0002117368 PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on Tuesday March 13, 2007 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted, by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Cheryl Caines) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to cherylc@tigard-or.gov. DEVELOPMENT CODEAMENDMENT (DCA) 2006-00007- RESIDENTIAL ZONINGDISTRICTS USE REGULATIONS AMENDMENT- REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. OREGONIAN PUBLISH DATE:FEBRUARY 27, 2007 Cd MU rph-T 3. 13. o PMarch 7, 2007 Tigard City Council City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Development Code Text Amendment application Dear Mayor Dirksen and Members of the City Council: The Development Code Text Amendment proposed by the Tigard-Tualatin School District, if adopted by the City Council, would allow school bus parking in residential zones at a public high school. More specifically, the text amendment will allow the School District to park buses at Tigard High School, as long as the bus parking is located at least 200 feet away from the property line of any parcel used for residential purposes. Following its hearing on February 5, 2007 the Planning Commission recommended in favor of the Text Amendment. At the hearing, some of the Planning Commissioners expressed concern about the impact of the school buses on air quality near the high school. Since the City Council may have some of the same questions and concerns, this letter will provide the Council with additional information about the District's policies and practices as they relate to air quality. 1. The District had informal policies regarding bus maintenance and bus idling, as we explained at the Planning Commission hearing. In response to the Planning Commissioner's questions, the District has formally adopted a written policy and procedures statement, which is attached as Exhibit '1'. This policy statement is consistent with the memo on reducing diesel exhaust, written by Nancy Heiligman, Deputy Superintendent of Public Instruction, Oregon Department of Education, dated October 11, 2002. That memo is attached to the staff report as Exhibit W. The District's practice is to keep the buses well- maintained, and to reduce idling the buses to the minimum necessary. 2. The District's intent is to park 14-16 of the District's shorter buses on the site. These are the buses currently parked where the District Administration 20085 NW Tanasbourne Drive office used to be on Pacific Highway, at 13137 SW Pacific Highway. Hillsboro, OR 97124 P 503.858.4242 F 503 corpo standards. The federal air E corpo45.5500 3. The District's buses meet current air quality E rate@paraticompany.com quality standards changed in 1994, and then did not change again until Toll free 877.648.4061 2007. The District does not operate any buses older than 1994. The District www.paraticompany.com policy is that any of the buses used in the District be no more than seven Hillsboro, OR mook, OR years old. In fact, the District recently retired a 1992 bus and purchased a Valncouver,WA Bellevue, WA Coeur d'Alene, ID Sacramento, CA Clermont, FL bus meeting the 2007 standards. Over time, the District will replace its (PARATI older buses with new ones that meet the higher, 2007 air quality standards. 4. In the foreseeable future, the District does not plan on parking buses owned by its contractor (First Student) on the Tigard High School property. However, it would like to have the flexibility to park other school buses at this site in the future, should the need arise. (The contractor's buses are all newer than 1994.) 5. The current plan is to park the buses on the east side of the high school, south of the swim center, on an existing paved area. (This is where, incidentally, the buses were parked for about 10 years before they were moved to the Pacific Highway site to temporarily make room for construction vehicles, equipment and temporary offices.) This area is not close to any residential areas, or near any areas where students commonly gather. 6. The additional parking area will give the District more flexibility in staging a limited number of buses for their trips around the District, and can help reduce overall Vehicle Miles Traveled (VMT) by having a parking site closer to the southern part of the district. The School District is interested in any new technologies or programs that protect the health and welfare of its students and employees, improve the ambient air quality of the larger community, and decrease its operating costs - including the amount it spends of fuel and bus maintenance. It will continue to review new programs and techniques aimed at accomplishing those goals. We respectfully ask that you follow the recommendation of the Planning Commission and staff, and approve the Tigard-Tualatin School District's Text Amendment application. Thank you for your consideration of this request. Sincerely, Ed urphy, AIC CC. Roy Burling, Chief Financial Officer, Tigard-Tualatin School District Kelly Hossaini, Miller-Nash, Attorney for School District project#HE247/TTSDtextamend/dots/plan/letters/cclet/3/07/07 2 EXHIBIT `F TIGARD-TUALATIN SCHOOL DISTRICT 23J ADMINISTRATIVE REGULATIONS Reduce Exposure to Diesel Exhaust 1. Drivers should turn bus engines off upon reaching their destinations or whenever idling time exceeds 2-3 minutes. Buses should not be turned on until ready to depart. Exceptions should include conditions that would compromise passenger safety, such as: a. Extreme weather conditions b. Idling in traffic 2. District should inform drivers about the effects of idling on both indoor and outdoor air quality. 3. District should ensure that buses are monitored and maintained so that emissions remain at their lowest possible level and ensure that engine compartments are completely sealed from interior passenger space. 4. District, whenever possible, should locate bus-parking facilities so as to have a minimal effect on air pollution in the vicinity of schools, playgrounds, and residential areas. 5. After the driver completes the pretrip inspection, the engine should be turned off until time to depart or the driver should depart immediately. Diesels do not warm up unless they are at a high idle or placed under a load. Administrative Regulations 02/22/2007 Page 1 of 1 -D av-(~ 3, 13•x"1 Amendment to allow school buses to be parked at Tigard High School I oppose this amendment on several grounds. 1. Noise: The noise produced is not suitable for a residential area and would appear to violate the City of Tigard Municipal Code 7.40.130. The school board has stated that the buses would leave Tigard High School between 6:15 and 7:30 am and that the pre-trip inspection lasts about 15 minutes. Pre-trip inspections would start at approx. 6:00am. OAR581-053-0545 calls for checking all safety equipment including the horns. So we can assume that each bus will test their horns each morning. OAR581-053-0512 specifies horns must comply with SAE Standard J377. Standard J377 states that a horn most produce 100-120 dbA measured at a distance of 50 feet directly in front of the bus. Sound pressure decrease by 6 dbA each time the distance from the source is doubled. Taking the lowest OAR spec of 100 dbA @ 50' the dbA level at 800 feet will be 76 dbA. The same principle applies to the back up alarms on the buses. OAR581-053-0517 states that the backup alarms will produce 97 dbA 4dbA @ 4ft distance in accordance with SAE 994. Using the same 6 dbA decrease as before at 512 ft each backup alarm will still be heard at 50 dbA. Also to be taken into account is the manufactures recommendation that the buses idle for 3 minutes @ approx 85dba. Every morning of the school year you will have a large noise generator starting up a 6:00am in the heart of a residential area. This is clearly not in the best interests of the residents surrounding Tigard High School. 2. Parking: Tigard High School already has parking problems. Permit parking is in effect around the school to prevent students from parking in the neighborhoods. The school board has stated an intention to park 17 short buses 9 long buses plus 2 or 3 more in the area. They will also provide parking for the bus drivers cars. Assuming each bus takes up 2 parking spots (generous assumption) that eliminate 58 parking spaces + 29 parking spaces for the drivers, so a total of 87 parking spaces would be lost. THS currently has 528 spaces so this proposal would bring the available total to 441 spaces, just over the 403 that was deemed minimum in the conditional use granted in 2004 for the remodel. In addition THS draws large weekend crowds for soccer, youth football, baseball, Broadway Rose Theatre, Church services, and the many after hours events that the school holds. Parking is already a nightmare during, these activities. You only have to look at the number of parking tickets the Tigard PD writes on a fall Saturday (for parking on the west side of 92"d ) to understand the lack of parking that already exists. To remove 16% of the available parking spots will only exacerbate the problem. 3. Traffic: Durham Road is already heavily congested, in the mornings it is not uncommon to see traffic back up halfway to Hwy 99. In the evenings traffic is stop and go almost to Bridgeport Village. Adding 29 school buses to this mix is only going to make it worse. 4. Inconsistency: I The amendment is too open ended. The school board needs to find a permanent solution for bus parking, clearly; putting it in the middle of a residential area is not the answer. The number of buses and the sire of the area have changed from the initial planning commission meeting, in that meeting the district stated that 17 short buses would be parked on the site. The packet before the council state that up to 29 short and long buses will be parked there. I have not addressed the air duality issue that Mr. Pennington addressed at the planning meeting; his statement is part of the package before the council. I would urge the council to reject the prop d code amendment. David Mulholland 9022 SW Waverly Dr. Tigard, OR, 97224 503-639-8589