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City Council Packet - 05/08/2007
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 TIGARD TIGARD CITY COUNCIL MEETING May 8, 2007 COUNCIL MEETING WILL BE TELEVISED I :\Ofs\Do n n a's\C cpkt l Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772 Agenda Item No. For Agenda of Tigard City Council Meeting Minutes Date: May 8, 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 Sydney Sherwood Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Study Session Measure 37 - Associate Planner Pagenstecher reviewed the This Measure 37 claim will Way W. Lee settlement agreement proposed for the Measure 37 be withdrawn upon Settlement claim of Way. W. Lee. A copy of the agreement is execution of the settlement on file in the City Recorder's office. This was also agreement. Therefore, the on the Consent Agenda below, Item 4.7. public hearing for this matter scheduled for May 22, 2007, has been canceled. Study Session > Chamber of Commerce Merger Vote Administrative Items , Council discussed the proposed merger of the Council consensus was to Tigard and Tualatin Chambers of Commerce. support the merger proposal. > Naming the Tualatin Pedestrian Bridge: City of Durham Objections Durham Council did not act upon the request to support the name of the pedestrian bridge over the Tualatin River g <i-a-kuts). Mayor Dirksen said it was his understanding the issues were: 1. Durham was not involved in the naming process. 2. The proposed name was brought to them after the decision was made. Tigard City Council Minutes - May 8, 2007 1 Agenda Item Discussion & Comments Action Items follow u Mayor Dirksen reviewed what some of the options identified by Durham for a new process to select a name. Tualatin Mayor Ogden indicated recently that he would not be in favor of a new process. Mayor Ogden said he was surprised at Durham's objections because he understood that Tualatin was given the charge of coming to the cities of Tigard and Durham with recommendations. At this time, the bridge name is "still up in the air" said Mayor Dirksen and he wanted to let the Tigard Council know about this apparent misunderstanding and miscommunication with the City of Durham. > Tonight is Jasmina Dizdarevik's last meeting; she will introduce next year's student envoy Megan Foltz to the City Council. A proposed resolution for Jasmina Dizdarevik was distributed to the City Council. > Council received the latest Legislative Briefing for reference during the City Council's discussion with Senator Burdick and Representative Gahzio. > Skate Park Groundbreaking Ceremony will be May 25. Mayor Dirksen, Councilor Sherwood, Councilor Buehner, and Councilor Woodruff indicated they would attend. > National League of Cities Conference will be in New Orleans this year. Mayor Dirksen, Councilor Sherwood, Councilor Buehner, and Councilor Woodruff indicated they would be interested in attending. > Get Centered Event - Vancouver B.C.: Councilor Sherwood said she would attend. Executive Session The Tigard City Council went into Executive Session at 6:48 p.m. to discuss real property transaction negotiations, under ORS 192.660(2) (e) and pending litigation, under ORS 192.660(2) (h). Tip rd City Council Minutes - May 8, 2007 2 Agenda Item Discussion & Comments Action Items follow u Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:38 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buehner, Sherwood, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports There were no reports from the City Council. City Manager Prosser read a letter from the National Policy Research Council. The City of Tigard was one of only 18, out 11,000 government sites reviewed by the Research Council, to receive an A+ rating. The City of Tigard received an E-award for Excellence in E-Government. A copy of this letter is on file in the City Recorder's office. 1.5 Call to Council and Staff for Non-Agenda Items 2. Proclamation Mayor Dirksen proclaimed the week of May 14-18, 2007 as Emergency Medical Services week. Representatives of Metro West Ambulance presented a plaque to the City of Tigard. Mayor Dirksen made note of the excellent service provided by the emergency medical agencies for the Tigard area. 3. Citizen Tigard High School Student Envoy to the City Motion by Mayor Dirksen, Communication Council Jasmina Dizdarevik gave her last update to seconded by Councilor the City Council for the school year. A copy of her Woodruff, to adopt report is on file in the City Recorder's office. Resolution No. 07-27. Ms. Dizdarevik introduced Megan Foltz; who is the The motion was approved envoy for the next school year. by a unanimous vote of Council present. The Mayor and Council thanked Ms. Dizdarevik for her presentations this last school year. The Council Mayor Dirksen Yes considered Resolution No. 07-27: Councilor Buehner Yes Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council Minutes - May 8, 2007 3 Agenda Item Discussion & Comments Action Items follow u A RESOLUTION ACKNOWLEDGING AND COMMENDING JASMINA DIZDAREVIK FOR HER SERVICE AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD ■ Alice Ellis-Gaut signed up to speak during Citizen Communication. She spoke on Agenda Item No. 5 City Council Vacancy discussion at the time the Council discussed this agenda item. 4. Consent 4.1 Approve Council Minutes for March 27, 2007 Motion by Councilor Agenda 4.2 Receive and File: Sherwood, seconded by 4.2.a Council Calendar Councilor Buehner, to adopt 4.2.b Tentative Agenda the Consent Agenda as 4.3 Intergovernmental Agreement Establishing the presented. City of Tigard's Eligibility to Receive $1.4 Million from Metro's Natural Areas Bond Measure The motion was approved 4.4 Right-of-Way Dedications Related to the Skate by a unanimous vote of Park Project Council present. 4.5 Senior Center Grant Agreement 4.6 Amend CCAC Bylaws Membership Mayor Dirksen Yes Composition - Resolution No. 07-28 Councilor Buehner Yes Councilor Sherwood Yes RESOLUTI0N NO. 07 - 28 -A Councilor Woodruff Yes RESOLUT70NAMENDING THE CCAC BY- LAWS .FOR MEMBERSHIP COMPOSITION 4.7 Approve Settlement Agreement to Resolve the Way W. Lee General Contractor, Inc. Measure 37 Property Compensation Claim (M372006- 00004) 4.8 Approval of Intergovernmental Agreement with Washington County for Construction Management and Inspection for Roadway Improvements to Bull Mountain Road at Highway 99W 4.9 Consider Authorizing a Purchase Order for Cubicle Partitions and Work Station Furniture Related to the Water Building Renovation Tigard City Council Minutes - May 8, 2007 4 Agenda Item Discussion & Comments Action Items follow u 5. City Council City Manager Prosser introduced this agenda item Motion by Councilor Vacancy and described the authority of the City Council with Woodruff, seconded by Discussion regard to appointing a Councilor to the position Councilor Sherwood, to vacated by Councilor Harding as of April 24, 2007. appoint Nick Wilson to the A summary of some of the options available to the interim City Council position City Council are listed in the staff report on file in until the person elected by the Council packet materials. special election takes office. Council discussed precedence regarding how The motion was approved appointments have been made to vacancies on the by a unanimous vote of City Council, with the process being widely varied Council present. depending on the circumstances. Mayor Dirksen Yes Councilor Woodruff noted his support for making Councilor Buehner Yes an appointment now and then holding an election in Councilor Sherwood Yes the fall. He said he would support appointing Nick Councilor Woodruff Yes Wilson as the interim City Council member until the election. Council members indicated their agreement on selecting Nick Wilson for the interim Councilor noting that he has knowledge of the issues before the City Council at this time due to his recent service on the City Council. After the vote by the City Council on the motion to appoint Nick Wilson as the interim City Councilor, Alice Ellis-Gaut commented favorably on the City Council's decision for an appointment followed by an election in the fall. 6. Legislative Senator Burdick, Representative Galizio and the City Briefing by Council reviewed current legislative activities, Senator Burdick including the following: and Representative End of session is scheduled for June 29, 2007. Galizio Measure 37: Consensus could not be reached on a statutory amendment. The House passed a bill to refer reformation language to the voters in November. There was discussion on a possible extension of time for local jurisdictions to render decisions on Measure 37 claims now in process. Senator Burdick confirmed that it appears local jurisdictions will be given a one-year time extension; this legislation should be going into effect soon, with an emergency clause. Tigard City Council Minutes - May 8, 2007 5 Agenda Item Discussion & Comments Action Items follow u ■ There is a shortage of Oregon State Police; at least 100 new troopers will be hired. ■ Reforms for short-term lending businesses are under consideration. Legislation from other states is being reviewed to identify loopholes to avoid. It is hoped new legislation on these types of businesses will be passed soon. ■ Bio-fuels package for alternative energy sources is under consideration. ■ Education (K-12 and community colleges) budgets will be determined within the next few weeks. ■ Councilor Buehner thanked Representative Galizio for his support on the annexation bill. Cities need to have some flexibility on annexation policy. 7. Tigard Youth Sheryl Huiras, from Youth Services in the Tigard Advisory Police Department, introduced this agenda item. Council She advised several Youth Advisory Council (TYAC) Update members were present to review projects the Council worked on last year and to review projects for the future. She recognized several Youth Advisory council members who were present: Sarah Walsh, President Ben Boudreau, Vice President Tiffany Ross, Member Jennifer Yang, Member Alexander Carsh, Member Advisors and volunteers presents: Connie Raemakers Candace Carsh TYAC President Sarah Walsh and Vice President Ben Boudreau presented the update to the Council. A copy of the PowerPoint is on file in the City Recorder's office. TYAC members asked for the City Council to consider a contribution of $5,000 to the TYAC from the City for youth activities. The Mayor and Tigard City Council Minutes - May 8, 2007 6 Agenda Item Discussion & Comments Action Items follow u Council encouraged the youth to become involved in the budget process and referred to a pilot recreation program. The youth present were told of an upcoming Budget Committee meeting next Monday. Advisor Huiras noted there are 26 members on the TYAC. They actively recruit for membership at all times. Mayor Dirksen acknowledged how much the TYAC has accomplished and said he would like to have a TYAC member serve as an ex officio representative for all of the City's boards and cointnittees. Councilor Sherwood said the TYAC had been supportive of the Skate Park effort and she encouraged TYAC members to attend the Skate Park Groundbreaking Ceremony on May 26. The TYAC helped Tigard receive recognition as one of the 100 best communities in the nation for youth. 8. Mayor Dirksen opened the public hearing. Motion by Councilor Informational Sherwood, seconded by Public Hearing There were no declarations or challenges. Councilor Buehner, to adopt - Finalization City Engineer Duenas presented the staff Resolution No. 07-29. of Sanitary report. A copy of a PowerPoint presentation for Sewer Reim- this item is on file in the City Recorder's office. The motion was approved bursement by a unanimous vote of The district will provide sewer service to 7 lots. District No. 39 The project is completed and sewer can be Council present. (SW Hill Street, made available to the lots 102"" Avenue) ■ The final construction cost, $112,875, was Mayor Dirksen Yes C 11.5% less than the contract award amount. Councilor ehner Yes Councilor Sherwood Yes Staff recommended the Council adopt the Councilor Woodruff Yes proposed Resolution to finalize the district. Mayor Dirksen closed the public hearing. City Council considered Resolution No. 07-29: A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39 (SW HILL VIEW STREET, 102"" AVENUE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 06-63 Tigard City Council Minutes - May 8, 2007 7 Agenda Item Discussion & Comments Action Items follow u 9. Ballot Mayor Dirksen opened the public hearing. Motion by Councilor Measure 37 - Woodruff, seconded by Quasi Judicial City Attorney Corrigan reviewed how the Councilor Buehner, to Public Hearing proceedings would be conducted. continue the public hearing - Truck to May 15, 2007. Terminals, Inc. Declarations or challenges: (1\4372006- Councilor Sherwood advised she drives by this The motion was approved 00001) property, which is located along Pacific Highway. by a unanimous vote of Council present. Mayor Dirksen said he has had discussions with Senator Burdick and Representative Galizio Mayor Dirksen Yes regarding the Measure 37 legislative process. Councilor Buehner Yes Councilor Sherwood Yes All members of the City Council indicated they were Councilor Woodruff Yes familiar with the application. There were no challenges from any member of the audience. The staff report was presented by Associate Planner Pagenstecher. A copy of the staff report is on file in the City Recorder's office. A May 3, 2007, memorandum from Associate Planner Pagenstecher was delivered to the Council as a supplement to the original agenda item summary. Staff, in this memorandum explained why they were changing their recommendation to waive the more restrictive regulations. A copy of this May 3, 2007, memorandum is on file in the City Recorder's office. ■ Truck Terminals, Inc. is seeking compensation or a waiver of the current land use regulations and comprehensive plan policies that are more restrictive than those in place at the time the subject property was acquired. ■ The property is located at 13015 SW Pacific Highway. ■ Compensation is being requested for an alleged loss in property value attributed to the City's billboard prohibition or waive regulations to allow Truck Terminals, Inc. to use the property for a use permitted at the time the Claimant acquired the property. ■ The 0.33-acre property is currently developed with two small commercial buildings and a parking lot. Tigard City Council Minutes - May 8, 2007 8 Agenda Item Discussion & Comments Action Items follow u ■ The amount given for the reduction in property value is $178,813, the value of a general 20-year billboard lease. Public Testimony: • Steve Morasch, Portland, Oregon, representing Truck Terminals, Inc. said he agreed with the staff presentation. He summarized the claimant's application requesting compensation and the legislation in place supporting this application. ■ Gene Barrett, Portland, Oregon, is the claimant. He said he has owned this property for 37 years and purchased it as an opportunity for business. He said he wants to erect a billboard on the site to improve the "bottom line." He noted the benefits of billboards from a commercial perspective. Discussion followed with the City Council. Councilor Buchner noted her concerns with billboards stating she did not want 99W to "look like 82"d Avenue. She added that a billboard on this property is not a good thing for Tigard. Billboards in the long- term are not good for his property and would bring down the property values. In response to a question from Councilor Woodruff, Mr. Barrett advised that if was able to place a billboard on this site, he would have an opportunity for more income. ■ Alice Ellis-Gaut, Tigard, signed in on the testimony sign-in sheet; however, she was not present to testify. Summation by applicant: ■ Steve Morasch said he believed his client's Measure 37 claim had been made very clear. Mr. Morasch referred to statements publicized by his law partner, Joe Willis, regarding the benefits of billboards. , City Attorney Corrigan reviewed the fundamental choices available to the Council. It appears there is impending legislation about to be adopted by the state legislature; therefore, the City Council could choose to continue this hearing to a Tigard City Council Minutes - May 8, 2007 9 Agenda Item Discussion & Comments Action Items follow u date certain. Another option would be for the City Council to approve the application tonight based upon the record received. An alternative would be to deny the application if the City Council decided it is a health and safety issue. Council discussion: Councilor Woodruff noted he appreciated the desire for making a profit. He said he would be concerned about setting precedence with this case and would prefer to wait for the legislature to determine if the City would have more time to consider this matter. Councilor Buchner and Councilor Sherwood indicated they agreed with Councilor Woodruff. Mayor Dirksen also supported a continuance of the hearing because of legislation expected from the state legislature. Discussion followed regarding what date to set for continuing the hearing. Councilor Woodruff noted that the City Council has approved and denied Measure 37 claims. The Council needs to balance the desires for a return on property owners' investments with what the motivation might have been by the voters who passed Measure 37. Mayor Dirksen commented that the Council represents the whole City. He referred to citizen input over a period of years with regard to Tigard's sign code. He added that the City Council has approved the majority of the Measure 37 claims presented; however, he wants to wait to see what happens at the state legislature before making a decision on this application. 10. Ballot Mayor Dirksen opened the public hearing. Motion by Councilor Measure 37 Buehner, seconded by Quasi Judicial Associate Planner Eng presented the staff Councilor Sherwood, to Public Hearing report. continue the public hearing - Tigard to May 15, 2007. Grange No. The property is located at 13770 SW Pacific 148 (M372006- Highway. The motion was approved "Tigard City Council Minutes - May 8, 2007 10 Agenda Item Discussion & Comments Action Items follow u 00002) The claim is for compensation in the loss in by a unanimous vote of property value attributed to the City's billboard Council present. prohibition or to waive the regulations to allow the Tigard Grange to install a billboard. Mayor Dirksen Yes ■ The claimant is demanding compensation in the Councilor Buehner Yes amount of $178,813. Councilor Sherwood Yes ■ The claimant has provided evidence of Councilor Woodruff Yes continuous ownership since July 22, 1876, when the subject regulations did not exist. Mayor Dirksen requested ■ A review of the regulations over the years was that staff place these hearing included in the staff report. items at the beginning of the May 15 agenda. Staff recommended that the Council approve the claim and waive the subject regulations by adopting a proposed ordinance because the subject regulations did not exist in 1876 and have restricted the property in a way that reduces its value. Public testimony: ■ Steve Morasch, Portland, Oregon, advised he was representing the applicants. He agreed with the staff s conclusions. He added that two pending House Bills would not have any impact on this property and referred to rights covered by the 5`h Amendment, due process, and just compensation. With regard to concerns about precedent for granting a Measure 37 of this type, Mr. Morasch said there are only a limited number of properties with similar circumstances for this type of claim. He said he thought if there were many other property owners who would be able to make a claim, the "sign companies would have found them." Councilor Buehner asked Mr. Morasch if he knew how many property owners had been contracted by the sign companies. Mr. Morasch said he did not know. ■ Tim Myshak, a Tigard resident and a member of the Tigard Grange testified about the benefits the Grange offers the community including the recreational programs offered. He said the Grange provides an affordable space for community events. He said the Grange's financial resources are limited and the survival of the Grange is in question without a 1'ipard City Council Minutes - May 8, 2007 11 Agenda Item Discussion & Comments Action Items follow u sustainable cash flow. He asked that the City Council not delay approval of this claim because of the Grange's financial condition. Councilor Sherwood said she values the Grange building and is sympathetic to their financial issues. However, she said she did not think Tigard voters wanted billboards when they voted for Measure 37. She said she would like to wait a few days to learn what the state legislature proposes for Measure 37. Councilor Buehner commented that the Grange is a wonderful old building and supported maintaining the integrity of this historical property; she questioned whether a billboard would contribute to the integrity. Mayor Dirksen also noted his appreciation of the Grange and said he was disappointed when he saw this application because of its effect on the historical integrity. He said if the City Council decides to delay action on this claim tonight, it will not be just for the sake of delay, but it will be done so the City Council can make a decision based on all of the information. Councilor Woodruff said he would be open to hearing from citizens about what they would like the City Council to do. ■ Alice Ellis-Gaut, Tigard, signed in on the testimony sign-in sheet; however, she was not present to testify. Applicant summation: • Steve Morasch responded to an earlier question from Councilor Buehner. He said that only the Truck Terminals and the Tigard Grange had been contacted by a sign company to file a claim for a billboard. He noted one other claim for a sign was made in Tigard, a Chinese restaurant and this request was similar to these two requests before the City Council tonight. Tigard City Council Minutes - May 8, 2007 12 Agenda Item Discussion & Comments Action Items follow u ■ Phil Yount, the current Master of the Tigard Grange reviewed financial expenses coming up for the Grange, including remedying an oil tank leak, which cost $17,000, and $7,000 of this has not been paid. He said the Grange . membership estimates there are $50,000 in capital expenses, which need to be paid to continue to operate the building. He said the Grange membership is not a supporter of billboards, but after viewing the presentation from the sign company, the membership did not believe a billboard would significantly detract from the building. Grange member, Mr. Schnetzky, commented on the Grange and its historical value. He agreed that he would not like a billboard. He asked if the City would consider allowing the Grange to install a reader board so they could advertise. He noted the Grange's need for help. Adjournment The meeting adjourned at 9:45 p.m. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Sherwood Yes Councilor Woodruff Yes ~l LAnrlne Wheatley, Ci ecor Attest: f Tigard Mayor C%A)1-4- Date: 7050 8.tloc 1Aadm~-thy\I=\200 Tigard City Council Minutes - May 8, 2007 13 110 Revised 5/4/07 Agenda Item No. 4.9 added - ConsiderAutbon ing a Purchase Order for Cubicle Partitions and Work Station Furniture Related to the Water Buil&ng Renovation TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING MAY 8, 2007 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD. 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 7:3012.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 (IDD - 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 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MAY 8, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING 6:30 PM • STUDY SESSION > Measure 37 Way W. Lee Settlement - Community Development Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e) and pending litigation, under ORS 192.660(2) (h). 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. 7:301'M 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATION 2.1 Emergency Medical Services Week Proclamation • Mayor Dirksen 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Jasmina Dizdarevik • Acknowledge and Commend Jasmina Dizdarevik for her Efforts as the Tigard High School Student Envoy to the City of Tigard - Resolution No. 07- - Mayor Dirksen • Follow-up to Previous Citizen Communication 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion zyithout separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for March 27, 2007 4.2 Receive and File: COUNCIL AGENDA - MAY 8, 2007 page 2 4.2.a Council Calendar 4.2.b Tentative Agenda 4.3 Intergovernmental Agreement Establishing the City of Tigard's Eligibility to Receive $1.4 Million from Metro's Natural Areas Bond Measure 4.4 Right-of-Way Dedications Related to the Skate Park Project 4.5 Senior Center Grant Agreement 4.6 Amend CCAC Bylaws Membership Composition - Resolution No. 07- 4.7 Approve Settlement Agreement to Resolve the Way W. Lee General Contractor, Inc. Measure 37 Property Compensation Claim (1\1372006-00004) 4.8 Approval of Intergovernmental Agreement with Washington County for Construction Management and Inspection for Roadway Improvements to Bull Mountain Road at Highway 99W 4.9 ConsiderAuthori#ng a Purchase Order for Cubicle Partitions and Work Station Furniture Related to the Water Building Renovation Consent Agenda - Items Removed-for Sebarate Discussion: Any items requested to be removed from the ConsentAgenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. CITY COUNCIL VACANCY DISCUSSION • Introduction: Administration Department 6. LEGISLATIVE BRIEFING BY SENATOR BURDICK AND REPRESENTATIVE GALIZIO Introduction: Administration Department 7. TIGARD YOUTH ADVISORY COUNCIL UPDATE Introduction: Police Department 8. INFORMATIONAL PUBLIC HEARING - FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39 (SW HILL STREET, 102ND AVENUE) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 07- COUNCIL AGENDA - MAY 8, 2007 page 3 9. BALLOT MEASURE 37 QUASI JUDICIAL PUBLIC HEARING - TRUCK TERMINALS, INC. (M372006-00001) a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department C. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- 10. BALLOT MEASURE 37 QUASI JUDICIAL PUBLIC HEARING - TIGARD GRANGE NO. 148 (M372006-00002) a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/ Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- COUNCIL AGENDA - MAY 8, 2007 page 4 11. EXECUTIVE 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. 12. ADJOURNMENT COUNCIL AGENDA - MAY 8, 2007 page 5 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING May 8, 2007 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > Measure 37 Way W. Lee Settlement - Community Development Department - Proposed settlement agreement is attached. • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e) and pending litigation, under ORS 192.660(2) (h). 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. • ADMINISTRATIVE ITEMS > Chamber of Commerce Merger Vote > Naming the Tualatin Pedestrian Bridge: City of Durham Objections > Tonight is Jasmina Dizdarevik's last meeting; she will introduce Megan Foltz to the City Council, next year's student envoy. A proposed resolution for Jasmina Dizdarevik is attached. > Attached is the latest Legislative Briefing for reference during the City Council's discussion with Senator Burdick and Representative Galizio. > Council Calendar: May 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 *Regular Council meetings. 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. i:%edmlcathylcca ss - pink sheetQ007070410,doc City of Tigard Legislative Priorities ~ 5/8/07 ;a Annexation SB 122 required agreements to define service providers for urban areas. If cities are designated as the ultimate service providers for urban unincorporated areas, public policy needs to support that goal. The legislature has dramatically limited the ability of cities to annex those areas. Having a variety of annexation methods available allows cities and residents of those areas maximum flexibility in the timing and circumstances to annex areas and provide urban services. Pending Bills: HB 3013 Annexation Prohibition Durina Incorporation Consideration: Oppose Prohibits city or district from commencing annexation proceedings for part of area included within boundaries of area proposed for incorporation in petition for incorporation. (By Rep. Krummel) 3/9107 (S) Referred to Agriculture & Natural Resources Legislation that would have prevented City from annexing Cach Creek. 4/24/07 (H) Public Hearing and possible Work Session scheduled. 5/3/07 (H) Floor Vote - passed. Galizio voted NO. 5/4/07 (S) First Reading. Referred to President's desk HB 3303 Vote Allowance for Island Annexations in Certain Circumstances Oppose Requires city to allow electors in surrounded territory (islands) proposed to be annexed to vote in combined majority election if city charter, ordinance or resolution requires city to hold election in city. (By Rep. Clem) 3/15 - (H) Referred to Agriculture & Natural Resources 4/1 - (H) Annexation work group referred back to Agriculture & Natural Resources with a "do pass" recommendation 4/24/07 (H) Public Hearing and possible Work Session scheduled. 5/1/07 (H) Recommendation: Do pass with amendments and be printed A-Engrossed. 5/3/07 (H) Floor vote - passed. Galizio voted no. 5/4/07 (S) First Reading. Referred to President's desk. HB 2760 Relatina to annexation: creatina new provisions: and amending Oppose ORS 222.750. Modifies requirements and procedure for City to annex territory surrounded by City. 3/6/07 (H) Hearing before Agriculture & Natural Resources-Work group will be appointed; Councilor Buehner may serve. 3/20/07 Councilor Buehner has been contacted to serve on the work group. 3/23/07 (H) Annexation work group meetings scheduled in April. Councilor Buehner is a member. 4/24/07 (H) Work Session scheduled 4/26/07 (I i) Work Session held HB 2050 Island Annexation Limited to Provision of Services Oppose Modifies requirements and procedure for city to annex territory surrounded by city. Requires finding of clear and convincing evidence by city to use island annexation, limited to properties which require essential services. Requires 10-year tax phase-in. (By the House Interim Committee on Land Use) 1/10 (H) Referred to Agriculture and Natural Resources 3/6 (H) Hearing before Agriculture & Natural Resources. Work group will be appointed; Councilor Buehner may serve. 3/20/07 (H) Councilor Buehner has been contacted to serve on the work group. 3/23/07 (H) Annexation work group meetings scheduled in April. Councilor Buehner is a member. 4/24/07 (H) Work Session scheduled 4/26/07 (H) Work Session held If the reason for annexation is to provide services that property will benefit f vm, wby not require property owners to pay their shard Tigard Legislative Priorities 5/8/2007 1 HB 2638 Island Annexation: Removes Waterways and Right-of-Way Boundaries: Oppose Removes waterways and public right of-way from the boundaries that may be considered for purposes of island annexation. Also adds a public hearing and notification requirement for island annexation. (By Reps. Greenlick, C. Edwards, Krummel, and Sen. Avakian) 3/6 (H) Hearing before Agriculture & Natural Resources- Work group will be appointed; Councilor Buehner may serve. 3/20/07 (H)Councilor Buehner has been contacted to serve on the work group. 3/23/07 (H) Annexation work group meetings scheduled in April. Councilor Buehner is a member. SB 758 Repeal of Island Annexation Statute: Eliminates authority of Oppose City to annex territory surrounded by city by ordinance. Requires that territory surrounded by city be annexed by consensual methods generally available for annexations. (By Sen. Metsger) 3/7/07 (S) Referred to Environment & Natural Resources. Limits ability of cities to form regular boundaries for efficient service pmvuion. HB 3012 Annexation Consents for Extraterritorial Services: Oppose Clarifies language authorizing city or district to require consent to eventual annexation in exchange for providing extraterritorial service to landowner. (By Rep. Krummel) 3/9/07 (S) Referred to Agriculture & Natural Resources HB 3304 Island Annexation Vote in Various Circumstances: Oppose Requires city to allow electors in surrounded territory (islands) proposed to be annexed to vote in double majority election if city charter, ordinance or resolution requires city to hold election in city and the island includes five acres or more. If island is less than five acres, bill requires combined majority election. (By Reps. Clem and Krummel) 3/15 - (H) Referred to Agriculture & Natural Resources HB 3410 Island Annexation Requirements Oppose Modifies requirements and procedure for city to annex territory surrounded by city (island annexation). Removes right of way as a boundary, requires additional services, and mandates tax phase-in. (By Rep. Galizio) 3/16 - (H) Referred to Agriculture & Natural Resources 3/26/07 - Conversation with Mayor Dirksen, Larry says this is dead. HB 3446 Election by Taxpayer to Defer Taxes Upon Annexation: Oppose Allows taxpayer to elect to defer payment of increased property taxes attributable to annexation of property by city. (By Reps. C. Edwards and Clem) 3/12 - (H) First Reading. Referred to Speaker's desk. 3/19 - (H) Referred to Agriculture & Natural Resources with subsequent referral to Revenue. City Update: On 2/13/07, City Council held a discussion on annexation policy. Consensus of Council is a proactive approach to annexation with a focus on islands and property abutting city limits that would provide logical service boundaries. Activities will include rebuilding relationships with residents in unincorporated areas, contacting owners of undeveloped properties to determine if they would like to annex, be more aggressive on island annexations, and provide for a three year phase in of taxes. City Council Adopted Resolution 07-13 on Match 13 to formalize their annexation policy. Tigard Legislative Priorities 5/8/2007 2 Measure 37 The City of Tigard has received nine (9) Measure 37 claims. Some of the claimants have filed merely to protect their rights. The City of Tigard supports suspending the Measure for a time certain and referring changes to the voters. Pending Bill: HB 3540 M37 - Legislative Style and Form Support Conforms Ballot Measure 37 (2004) to legislative form and style. Relating to compensation for loss of value of private real property resulting from land use regulation; declaring an emergency. (By Rep. Macpherson and Sen. Prozanski) 5/4/07 (H) Third reading - passed. Galizio voted yes. HB 3546 Measure 37 Extension: Support Allows public entity additional _ days to review and act on certain Measure 37 claims before property owner is entitled to just compensation and may file civil action. Relating to an extension of time for review of demands for compensation by reason of land use regulations; appropriating money; declaring an emergency. (By Rep. Macpherson and Sen. Prozanski) 5/4/07 (H) Third reading - passed. Galizio voted yes. SB 505 Measure 37 Time Out: Except for written demands for compensation for land use Support regulations outside the urban growth boundary seeking to build one single-family dwelling or divide land for purpose of building one single family dwelling, temporarily stops 180- day time periods relating to written demands for compensation or waiver until June 30, 2007 or adjournment sine die, whichever occurs first. Included in the temporary hold are any new court and Land Use Board of Appeals challenges, the issuance of blanket waivers, or the filing or processing of land use applications to carry out a use allowed under a waiver. Allows M37 claimants with building permits issued prior to January 1, 2007 to continue development. Permits litigation already filed prior to the effective date of the bill to proceed. Assures limited transferability if the claimant has obtained a waiver, and the claimant passes away during the time-out period, the claimant's heirs maintain the rights of the claimant under the waiver. (By Sen.Prozanski & Rep. Macpherson @request of Gov. Kulongoski) 2/22/07 (S) Public hearing scheduled, subcommittee work group formed to work on alternatives. 4/12/07 (S) Joint committee on Land Use Fairness heard details of a proposed plan. SIB 509 Allows Public Bodies to File M37 Claims: Permits public bodies that own real property to file claims for compensation for land use regulations that restrict the use of the property or reduces the property's fair market value. (By Sen. L. George) 2/12/07 (S) Referred to Environment and Natural Resources SIB 588 Measure 37 Compensation: Creates position of Compensation and Conservation Ombudsman to review, mediate or negotiate resolution of claims for compensation for land use requirements that restrict use of private real property. Establishes right to compensation if land use regulation restricts right to site single-family dwelling on up to four lots or parcels. Eliminates right to compensation under Measure 37. Appropriates moneys from General Fund to pay compensation, with no new funding mechanism. Sunsets right to claim compensation on January 2, 2012. (By Sen. Schrader) 2/19/07 (S) Referred to Land Use Fairness, then Ways & Means 4/19/07 (S) Work Session held Tigard Legislative Priorities 5/8/2007 3 SB 1019 M37- Restricts Claims to Residential Use: Support Limits claims for compensation for land use regulations to regulations that restrict residential use of or interest in private real property. (By Senate Committee on Judiciary) 3/13/07 (S) Introduction & 1s` Reading. Referred to President's desk. 3/19/07 (S) Referred to Land Use Fairness 4/24/07 (S) Joint Committee on Land Use Fairness meeting scheduled. Transportation Funding: The Tigard City Council recently approved a 3¢ local gas tax to fund improvements to the Greenburg Rd-Main St./Hwy 99W intersection. The tax would be reduced if state and/or county taxes increase. Funding transportation improvements continues to be a challenge for local governments. The City of Tigard supports increasing the state gas tax and/or vehicle registration fees if the funds are allocated for transportation system improvements. Pending Bills. HB 3018: Registration Fee Increases: Increases various motor vehicle registration fees and dedicates 25 percent of the new revenues to projects of "statewide significance" as determined by ODOT. Relating to transportation; providing for revenue raising that requires approval by a three-fifths majority. (By Reps. Hunt and Beyer) 4/30/07 (H) Public Hearing and Work Session held. HB 2278: Connect Oregon II: Authorizes the issuance of up to $100 million in lottery-backed bonds to fund multi-modal transportation projects. Requires a minimum allocation of 15% to each of the five ODOT regions. (By Gov. Kulongoski for Dept. of Trans.) 2/21/07 (H) Work session held. 3/12/07 (H) Referred to Ways & Means by prior reference. 4/27/07 (H) Assigned to subcommittee on Transportation and Economic Development. 5/8/07 (H) Hearing before Transportation & Economic Development HB 2653: Gas Tax Increases: Increases the state gas tax by 5 cents, establishes automatic gas tax increases of 5 cents every 5 years, and increases weight-mile fees by an unspecified amount. (by Rep. Greenlick) 2/15/07 (H) Referred to Transportation with subsequent referral to Revenue. 4/30/07 (H) Public Hearing and possible Work Session held. 4/30/07 (H) Moved without recommendation to revenue. Tigard Legislative Priorities 5/8/2007 4 System Development Charges: (SDC's for Schools) The need for new school facilities is directly tied to population growth. It is appropriate to collect SDC's for schools in the same manner collected for parks, streets, sanitary sewer and water. Tigard supports the identification of schools as an essential service and SDC's for schools but not if limits are imposed on existing SDC's. Pending Bills. SIB 1036 Construction Excise Tax: Local Preemption Oppose Preempts cities and counties from imposing construction excise taxes. Authorizes school districts to impose a construction excise tax to fund school capital costs. (By Sen. Deckert) 4/12/07 - (S) Work Session Scheduled 5/1/07 - (S) Passed out of Senate Finance and Revenue Committee. Burdick voted yes. SB 366 Impact Fees: Schools: Support as long as doesn't limit Authorizes school districts to establish an impact fee.on new existing SDC's. lots or parcels and caps the fee at $6,500/lot or parcel. Requires county recording officers to administer the collection of the fee, and authorizes the county to assess a charge of up to one percent to cover administrative costs. (By Senator Schrader and Representative Tomei) 3/2/07 (S) Hearing before Finance & Revenue at Beaverton High School 3/20/07 (S) Public Hearing & Work Session Scheduled 4/4/07 (S) Hearing before Finance and Revenue 4-12 (S) Work Session scheduled. SB 45 Parks/Schools System Development Charges: Oppose- only applies to Authorizes a schools system development charge (SDC) school sites adjacent to parks as a component of a parks and recreation SDC. Caps the or recreation facilities. level of parks/recreation/schools SDCs at an unspecified Limits ability of schools to collect amount. Requires that school facilities funded with SDC toward funding full cost of growth. fees be adjacent to a park or recreation facility and be made available for public use. (By the Senate Comm. on Educational Excellence) 3/2/07 (S) Hearing before Finance & Revenue at Beaverton High School 3/2/07 (S) Chair Deckert pledged to move only SB 366 out of committee SIB 735 SDC's: Public Safety. Libraries & Schools Support Allows system development charges to be assessed for capital improvements for law enforcement, fire services, libraries and public K-12 schools. (By Sen. Avakian & Rep. Tomei) 3/5/07 (S) Introduction and first reading. Referred to President's desk. 3/12/07 (S) Referred to Finance and Revenue. HB 2019 School Impact Fees/Park SDC's: Oppose Caps park SDC's at $4,000 and freezes existing park SDC's that exceed $4,000. Authorizes school district to establish impact fees at the point new residential dwelling in permitted. Requires the local government entity that administers building permits to assess the school impact fee, and authorizes the collection of an administrative charge. (By Rep. Hunt) 3/5/07 (H) First Reading. Referred to Speaker's desk 3/12/07 (S) Referred to Education with subsequent referral to Revenue. 4/16/07 (H) Public Hearing and Work Session scheduled. 4/16/07 (H) Public Hearing held. Tigard Legislative Priorities 5/8/2007 5 Collective Bargaining. The City opposes legislation that modifies the definition of employment relations; public safety supervisor; and lost best offer arbitration award criteria because it would limit the city's ability to manage public safety work forces by subjecting service levels and personnel to collective bargaining. Pending Bills: TSB 400 Staffing Levels for Bargaining Units Prohibited from Strikinq: Oppose Modifies definition of "employment relations" to include certain staffing levels and safety issues for certain employees who are prohibited from striking. (By Senators Brown and Prozanski) 3/7 Passed the Senate by 16 - 13 vote (Burdick - yes) - referred to the House 3/16 (H) Recommendation: do pass with amendments and be printed A-Engrossed. 3/21/07- (H) Failed by 1 Vote/31 needed to pass. 30 yes, 26 No, 4 Excused. (Galizio voted Yes) 3/22/07 - (H) Motion to re-refer to Business and Labor carried. Re-referred. Week of 4/16/07 - (H) Could be on the floor of the House for a vote. 4/16/07 - (H) Motion to table carried (Galizio voted yes) 4/24/07 - (H) Motion to re-refer to Business and Labor carried. Re-referred. (Galizio voted Yes) 5/3/07 - (S) Rules suspended. Made a special order of Business on May 8, 2007 calendar. HB 3406 Mandates Off-Duty Uniform Policy for Peace Officers Directs each county sheriffs department and chief of police of city police department to adopt policy addressing whether peace officers may appear in uniform while off-duty. (By Rep. Galizio) 5/3/07 (S) First reading. Referred to President's desk. HB 2404 Public Safety Staffing: Oppose Modifies definition of "employment relations" to include certain staffing levels and safety issues for certain employees who are prohibited from striking. (By Rep. Schaufler) 1/29 (H) Hearing before Business and Labor 4/27/07 (H) Work Session Held 5/4/07 (H) Referred to Elections, Ethics and Rules by Order of Speaker. HB 2673 Overtime Pay: Oppose Allows Commissioner of Bureau of Labor and Industries to adopt rules permitting overtime pay for work after eight hours in one day or, when employer has adopted alternative workweek schedule that authorizes employee to work 10 hours per day within 40-hour workweek, after 10 hours in one day (By Rep. Witt) 4/13 (H) Public Hearing held SB 401 Modifies Definition of Public Safety Supervisor Oppose Modifies definition of "supervisory employee" for purposes of public employee collective bargaining law. A public safety officer who has no authority to impose economic discipline on subordinate employees may not be considered to be supervisory. (By Sen. Brown) 217 (S) Hearing before Commerce SB 313 Public Safety Staffing Oppose Modifies definition of "employment relations" to include certain staffing levels and safety issues for certain employees who are prohibited from striking. (By OR State Firefighters Council) 2/7 (H) Hearing before Commerce SB 402 Amends Last Best Offer Arbitration Award Criteria: Oppose Modifies criteria used by arbitrators in public collective bargaining. (By Sen. Brown) 2/7 (S) Hearing before Commerce Tigard Legislative Priorities 5/8/2007 6 HB 3432 Reductions to Board on Public Safety Standards and Training Oppose Reduces membership of Board on Public Safety Standards and Training to 17 members. (Rep. Hunt) 4/16/07 (H) Public Hearing and possible Work Session scheduled. 4/30/07 (H) Work Session held. HB 3397 Temporary Employment Agency Regulation Oppose Prohibits employers from discriminating in compensation between full-time employees and part-time employees or employees in contingent jobs for performance of similar work. Prohibits person from entering into contract for labor or services with certain contractors when person knows or should know that contract does not include sufficient funds to allow contractor to comply with these requirements and other state and federal laws. 4/19/07 (H) Public Hearing held. Tigard Legislative Priorities 5/8/2007 7 AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: May 8, 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 wi11 be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name• q Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address 5w kktz(10-- City rA"l State Z Phone No. S~~ 103 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 TIGARD HIGH SCHOOL LEADERSHIP 9000 SW DURHAM ROAD - TIGARD - OREGON - 97224 (503) 431.5518 - FAx (503) 431.5410 HTTP: //THS.TTSD.K l 2.OR.US/LEADERSHIP/HOME.HTML CITY COUNCIL STUDENT REPORT: MAY 8, 2007 STUDENT ENVOY: JASMINA DIZDAREVIC 2006-2007 "Leaving a Lasting I. ACADEMICS Impression" a.) One month until graduation b.) Teachers trained on new program for grading Activities Director: Judy Edtl H. ATHLETICS President: a.) Track: Districts this Wednesday and Thursday at Linfield Jasmina Dizdarevic College b.) Tennis: Districts are this Wednesday through Friday at Vice President: Willamette beginning at 4pm Lu Yang c.) Baseball vs. Tualatin at Tualatin at 4:30 this Friday the Activities Officer: 11th Will McLellarn III. ARTS Secretary: a.) Choir Kaity Haworth i.) State Solo Competition: Kim Belair places first ii.) State competition last Saturday; yet to find out how Treasurer: they placed though they know they aren't in the top five Mark Schleyer b.) Band: Human Relations: i.) Will be hosting a competition, fundraiser Lisa Yanagawa ii.) Playing at graduation! c.) Theater Assemblies: i.) Play: It's All in the Timing Kaitlyn Lange ii.) Ended this past weekend Spirit: IV. ACTIVITIES: Ben Murphy a.) Tigard Idol Winners: Lisa and Zanroe Publicity: b.) Leadership Awards Night: May 23'd beginning at 7pm in Ariel Gruver the Deb Fennel Auditorium c.) Teacher Appreciation Week this week! Technology d.) Carnival: June 21~ from llam until 2pm in parking lot Coordinator: Justin Karr r FIN MEMORANDUM ;F, TO: Honorable Mayor & City Council Agenda Item No. t•o~ cati',y For Agenda of may 8.2007 FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: May 1, 2007 Regularly scheduled Council meetings are marked with an asterisk 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 June 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall July 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 31 Tuesday Fifth Tuesday Council Meeting - 7 pm, Library Community Room iAadmtdty councill3-month calendar for 05-08-07 cc mt0.doc Agenda Item No. y- oho Tigard City Council Tentative Agenda 2007 Meeting of I .?9W 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: Sheryl Huiras Greeter: Greeter: Public Works Materials Due @ 5: April 24, 2007 Materials Due @ 5: May 1, 2007 Materials Due @ 5: May 8, 2007 Study Session Workshop Agenda Study Session Exec. Session: Property Transaction - Gus-15 min. Meeting with Municipal Court Judge - Liz N. / Annexation Policy Report - Tom C./Ron B. - 20 mins Exec. Session: Prop.Transaction -Dennis.-10 min. Nadine - 30 min.- SI Review of Proposed Revisions to City Wide M37 Way W. Lee Settlement - Gary P.- 15 min. Burnham Street Design Update - Gus D. - 20 min Personnel Policies - Sandy - 20 min. Consent Agenda CCDA Approval of Annual Downtown Implem. Review of Transp. Projects Proposed for Metro Metro Grant IGA - Dennis K. Strategy & Work Program - Tom C. - 30 min. 2035 RTP - Gus D./Duane R. - 20 min. Skate Park ROW Dedications - Brian R. CCDA -Downtown Urban Design -Tom C.- 35 min. Consent Agenda Cont. w/Wash.Co. re Sr. Center Grant - Duane Comp Plan Update - Tom C. - 20 min. LCRB - Award Skate Park Contract - Dennis K. Amend CCAC By-laws - Phil N. Authorize Expend. for Water System Connction M37 Way W. Lee Settlement - Gary P. w/Beaverton - B. Rager IGA w/wash. Co. for Const. Mgmt. for Bull Mt. Assign Interim Charge to Tree Board - Ron Road at 99W Improvements - Tom C. Business Meeting Business Meeting THS Student Envoy - 10 min. Chamber of Commerce Rep. 10 min. Proclamation - Emergency Medical Services Wk. Tigard-Tualatin Family Resource Center Update Metro West to attend - Joanne - 5 min. - Cathy W. - 10 min. City Council Vacancy Discussion - Cathy W. Sunrise Lane Annexation QJ Pub. Hearing - 10 min. Tom C. - 45 min. - ORD Sen. Burdick & Rep. Galizio -Joanne - 30 min. TMC Amendment re Alcohol in Parks - Dennis Youth Advisory Council - Sheryl H. -10 min. - SI K./Dan P. -10 min. - ORD Measure 37 Claims Quasi-Judicial Public Hearings - TMC Amendment regarding Cross Connection (1) Truck Terminals, Inc. - Gary P. - 30 min. - ORD Control Program Dennis K. - 10 min. - ORD (2) Tigard Grange - Emily E. - 30 min. - ORD Deny Measure 37 Claim (E&V Development) Finalization of Sewer Reimb. Dist. No. 39 Cheryl C. -10 min. - ORD Info PH - Gus - PPT - 10 min. - RES Continuance of 3/27/07 Measure 37 - QJPH - Shilo Inn (M372006-00005) Tom C. - 20 min-ORD Time Avail: 135 min. - Time Scheduled: 135 min. Time Avail: 200 min. - Time Scheduled: 135 min. Time Avail: 135 min. - Time Scheduled: 115 min. Time Left: 0 min. Time Left: 65 min. Time Left: 20 min. 5/1/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: May 29, 2007 Meeting Date: June 12, 2007 Meeting Date: June 19, 2007 Meeting Type/Time: 5th Tues/7 PM Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: Library Com. Room Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: Materials Due @ 5: May 29, 2007 Materials Due @ 5: June 5, 2007 Fifth Tuesday Meeting Study Session Workshop Agenda Building Valuation Change - Tom C. - 15 min. Joint Meeting with the Intergovernmental Water Board - Dennis K. - 60 min. Highway 99W Corridor Improvement Consent Agenda and Management Plan Update - Gus - 30 min. Transfer Surplus Water Property to Parks - ODOT Region 1 Director Jason Tell - Dennis K. - RES Tom C. - Need RTS Adopt Revisions to Citywide Personnel Policies - Sandy - RES Business Meeting Residential Zone Conditional Use Change to Allow Community Theater to the Major Event Entertainment Use Classification - Legis. PH - Tom C. - 45 min. - ORD Goodlett Annexation (ZCA 2007-00002) QJPH Tom C. - 20 min. - ORD Approve CIP for FY 07-08 - PH - PPT - CD - 10 min. Certify City provides Services Qualifying for State Shared Revs - RES - Bob S. - 5 min. Declare City's Election to Receive State Revenues - PH - RES - Bob S. - 5 min. Adopt FY 2007-08 Budget - PH - RES Bob S.- 30 min Adopt Citywide Master Fees & Charges Schedule Michelle W. - RES - 10 min. CCDA Budget Adoption - Bob S. - 5 min. IGA between CCDA & City to borrow Funds for Cap. Improvements - Bob S. - 10 min. Time Avail: 135 min. - Time Scheduled: 140 min. Time Avail: 200 min. - Time Scheduled: 90 min. Time Left: - 5 min. Time Left: 110 min. 1 5/1/2007 Tigard City Council Tentative Agenda 2007 Meeting Date: June 26, 2007 Meeting Date: July - TBA Meeting Date: July 10, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Meeting Typefrime: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: June 12, 2007 Materials Due @ 5: Materials Due @ 5: June 26, 2007 Study Session Joint Meeting w/TTSD Study Session Consent Agenda Consent Agenda Joint Meeting with Tigard-Tualatin School District and Durham, King City and Tualatin - Tigard to host TO BE SCHEDULED Business Meeting Business Meeting Chamber of Commerce Rep. - 10 min. Presentation of Award to "If I Were Mayor" Contest Winners - Joanne B. - 15 min. Time Avail: 135 min. - Time Scheduled: 25 min. Time Avail: 135 min. - Time Scheduled: min. Time Left: 110 min. Time Left: 135 min. 5/1/2007 3 Agenda Item # q. 3 Meeting Date May 8, 2007 COUNCIL AGENDA ITEM S WPAARY City Of Tigard, Oregon Issue/Agenda Title Intergovernmental Agreement (IGA Establishing the City of Ti dear 's Eli6bility to Receive $1.4 Million from Metro's Natural Areas Bond Measure Prepared By, Dan Plaza Dept Head Approval: City Mgr Approval: IssuE BEFORE THE CovNca. Shall the City Council approve an IGA with Metro establishing the City of Tigard's eligibility to receive $1.4 million from Metro's natural areas bond measure and authorize the Mayor to execute the agreement? STAFF RECOMMENDATION Approve the IGA. KEY FACT'S AND INFORMATION SUMMARY ■ In November, 2006 voters approved Metro's $220 million natural areas bond measure to provide funding to preserve natural areas and protect rivers and streams at the regional, local and neighborhood level. • Prior to the passage of that bond measure, the Tigard City Council adopted Resolution No. 06-03, expressing the City's support for the bond measure. ■ The measure contains a $44 million local share component for local parks providers. ■ Tigard's share of these funds is estimated to be $1,405,716 and would be used to purchase park and green space property and to construct a segment of the Fanno Creek Trail. ■ The IGA has been reviewed by City Attorney Ramis. ■ In order to receive its share of the bond measure funding, the City of Tigard needs to execute the IGA with Metro. OTI m ALTERNATIVES CONSIDERED The Council could choose not to enter into the IGA in which case Tigard would forfeit $1.4 million in bond measure funds. CrIY COUNCii.. GOAIS None ATTACT MENT LISP 1. IGA - Natural Areas Bond Measure, Local Share Component 2. Resolution No. 06-03 FISCALNOM If the Council enters into the IGA with Metro, the City will receive approximately $1.4 million in local share funds. This revenue has been budgeted in FY '07-'08 and is earmarked for the purchase of park and green space property and to construct a segment of the Fanno Creek Trail. Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO. 06- t]3 A RESOLUTION APPROVING THE SUBMITTAL OF THE CITY OF TIGARD'S PROPOSED GREENSPACE AND TRAE, PROJECTS FOR INCLUSION IN METRO'S NATURAL AREAS BOND MEASURE 2006 WI-M-REAS, Metro Council proposes to submit to the voters of the district the question of contracting a general obligation bond indebtedness of $220 million; and WHEREAS, approximately $165 million will be used by Metro for acquisition of regionally significant river and stream corridors, headwaters, wildlife areas, other natural areas and trail corridors; and WI EREAS, approximately $44 million will be available to local park providers; and WIIEREAS, the City of Tigard's estimated pro rata share of the local park provider funding is $1,326,780; and WI~EREAS, the City of Tigard is currently working to acquire park and greenway property inside the Tigard city limits and urban services area; and WHERAS, the City of Tigard has developed a list of potential park and greenway acquisition properties and is currently negotiating with property owners; and WHEREAS, the City of Tigard plans to use its share of the bond revenues to match park system development charge (SDC) funds; and WHEREAS, the City of Tigard's list of potential projects must be approved by the City Council and delievered to Metro no later than March 1, 2006; and WHEREAS, the Tigard Park and Recreation Advisory Board has reviewed and approved the potential projects at their January 9, 2006, meeting, and WHEREAS, the measure will be placed on the November 7, 2006, ballot NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1. The City of Tigard supports Metro's natural area bond measure 2006. SECTION 2. The City of Tigard recommends following two projects be funded from Metro's $165 million share of the bond revenues allocated for acquisition of regionally significant river and stream corridors, headwaters, wildlife areas, other natural areas and trail corridors: " Construction of a new 1,600-foot segment of the Fanno Creek Timil on property currently owned by Metro and operated by the City of Tigard. RESOLUTION NO. 06 - 03 Page l ■ Acquisition of patk/greenway land located in the Regional Fanno Creek Greenway. SECTION 3. The City of Tigard declares its portion of the $44 million will be used to purchase propexties identified in the list of potential park and greenway acquisitions currently being negotiated with property owners. SECTION 4. The City of Tigard requests Metro award Tigard local park provider. funding beyond its pro rata share, which would allow the city to leverage more SDC snatching funds. SECTION 5. This resolution is effective immediately upon passage. PASSED: This a'L day of OCr 2006. c yo - City of Tigard ATTEST: Cir)r Recorder - City of Tigard 1iedm%pseke1106 0120rAro bond uwmm ms mvlsaAm . RESOLUTION NO. 06 Page 2 Agenda Item # / ~t Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Right-of-Way Dedications Related to the Skate Project Prepared By: Brian Rager Dept Head Approval: i City Mgr Approval: IssUE BEFORE THE CovNcEL Shall the Council approve the dedication of portions of the City Hall property along Burnham Street and Hall Boulevard for right-of-way purposes? STAFF RECOMMENDATION Approve the dedications. KEY FACTS AND INFORMATION S~IMMARY ■ The land use approval for the Jim Griffith Memorial Skate Park (SDR 2006-00005) became final on March 15, 2007. ■ As a part of the approval, the following right-of-way (ROW) dedications are required 1. Hall Boulevard ROW Dedication Provides additional ROW for a total of 52 feet from the street's centerline in accordance with Oregon Department of Transportation (ODOT) requirements and the City's Community Development Code standards. 2. Burnham Street ROW Dedication Provides additional ROW for a total of 37.5 feet from the street's centerline in accordance with Community Development Code standards. ■ The dedicated ROW will allow for future widening of both Hall Boulevard and Burnham Street, which will increase the traffic capacity of those streets. ■ These ROW dedications must be completed before skate park construction permits are issued. OTHERAI.TFRNATwEs CONSIDERED None Cny COUNCIL GOALS None ATTACHMENT LIST Dedication Deed for Hall Boulevard (ODOT) Exhibit A - Description for Right-of-Way Dedication and Map Dedication Deed for Burnham Street Exhibit A - Description for Right-of-Way Dedication and Map FISC.ALNOM ODOT requires a Phase I environmental site assessment estimated to cost $4,000. There will also be some nominal deed recording fees amounting to less than $100. The skate park project budget has sufficient funds to cover these expenses. DONATION DEED The CITY OF TIGARD, a municipal corporation, Grantor, hereby conveys unto the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Highway Division, Grantee, fee title to the property described on the attached "Exhibit A". THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVE USES. No monetary consideration is being received by Grantor for this conveyance; the property herein conveyed being a donation to Grantee by Grantor. Dated this day of April, 2007. CITY OF TIGARD By: City Manager STATE OF OREGON, County of Washington 2007. Personally appeared , who, being sworn, acknowledged the foregoing instrument to.be his voluntary act. Before me: Notary Public for Oregon My Commission expires Exhibit A DESCRIPTION FOR RIGHT-OF-WAY DEDICATION A parcel of land located in the Northeast one-quarter and the of Southeast one-quarter of Section 2, Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of the land owned by the City of Tigard as described in Document Numbers 91019636, 86044441, 87053938, 84041402- 84041408, and book 1005 page 946 and book 1022 page 944 as recorded in the Washington county Deed Records; the right-of-way described as follows, Commencing at the monument on the center line of SW Hall Blvd. at SW Omara Street Station 143+82.29 as recorded as survey number 27219 in the Washington county survey records; thence N O1° 43' 11" E, along the center line of SW Hall Blvd., a distance of 473.49 feet; thence N 88° 16' 49" W, leaving said center line, a distance of 35.00 feet to the westerly right-of-way of. SW Hall Blvd., to the center line of Fanno Creek and the True point of beginning; thence along said westerly right-of-way the following ten (10) courses; thence N O1 ° 43' 11" E a distance of 353.16 feet; thence N 01' 27' 36" W a distance of 90.14 feet; thence N 01 ° 43' 11" E a distance of 80.00 feet; thence N 04° 53' 58" E a distance of 54.41 feet to the south line of deed the City of Tigard as recorded in Document NO. 860044441 of the Washington County Deed Records; thence S 89° 10' 54" E, along said south line, a distance of 16.98 feet to a point 20.00 feet from center line when measured at right angles; thence N 19° 50' 53" W a distance of 27.20 feet to a point that is 30.00 feet from center line when measured at right angles; thence N 01 ° 43' 11" E a distance of 103.33 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 160.99 feet a central angle of 40° 07' 28" (a chord which bears N 18° 20' 33" W, 110.45 feet) and a length of 112.74 feet to a point of tangency; thence N 38° 24' 17" W a distance of 62.89 to a point of curve of a curve to the right; thence along said curve to the right with a radius of 220.99, a central angle of 11 ° 12' 43" (a chord which beards N 32° 47' 56" W, 43.18 feet) and a length of 43.24 feet to the southerly right-of-way of SW Burnham Street 20.00 feet wide; thence N 88° 11' 21" W, along said southerly right-of-way, a distance of 31.68 feet thence S 01 48' 39" W a distance of 17.50 feet to a point which is 37.5 feet southerly of the center line of SW Burnham Street; thence S 60° 26' 40" E a distance of 27.93 feet to a point which is 52 feet westerly of the center line of SW Hall Blvd and a point on a non-tangent curve to the left; thence parallel with and 52.00 feet from the center line of SW Hall Blvd the following 4 courses; thence along said curve to the left with a radius of 242.99, a central angle of 5° 42' 19" (a chord which beards N 35° 33' 07" W, 24.19 feet) and a length of 24.20 feet; thence S 38° 24' 17" E a distance of 62.89 to a point of curve of a curve to the right;' thence along said curve to the right with a radius of 138.99, a central angle of 40° 07' 28" (a chord which beards S 18° 20' 33" E, 95.36 feet) and a length of 97.34 feet; thence S 01 ° 43' 11" W a distance of 671.37 feet to the center line of Fanno Creek; thence S 77° 22' 10" E, along the center line of Fanno Creek, a distance of 3.50 feet; thence S 19° 48' 54" E, along the center line of Fanno Creek, a distance of 36.94 feet to the point of beginning. Containing 16742 Sq.Ft. SW BURNHAM _STREEA I ~ j 9109636 2349 SQ FT 86044441 87053938 I >I I ml ~ I I I I j 84041402-84141406 I I \ 84041408 - , 1• /16742 ''SQ FT BOOK1005 PAGE 946 I i BOOK 1022 PAGE 944 I ~ N I I i i i i station 143+82.29 - -------------------------------J I RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 CORPORATION File No. 1CO(o ~cco 5 DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information lik GIT.I cE -Clwf--P , A wuj upm. cc,(LPotzA-TwJ ""ARtDiL , does hereby dedicate to the public a perpetual rit-of-way for street, road, and utility purposes on, over, across, under, along, and within the following described real properties in Washington County, Oregon: Attached Exhibit "A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF, I hereunto set my hand on this day of 20 Name of Corporation Signature Address Title Signature Tax Statement Mailing Address (fdifferent from above) Title STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on (date) by by: (name(s) of person (s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Accepted on behalf of the City of Tigard this day of , 20 City Engineer Exhibit A DESCRIPTION FOR RIGHT-OF-WAY DEDICATION A parcel of land located in the Northeast one-quarter of Section 2, Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of the land owned by the City of Tigard as described in Document Numbers 91019636 as recorded in the Washington county Deed Records; the right-of-way described as follows: Beginning at the intersection of the southerly right-of-way of SW Burnham Street and the westerly line of the deed from R. Dean Schmitz and Dorothy Schmitz to the City of Tigard as recorded in Document Number 91019636 of the Washington county deed records; thence S 88° 11' 21" E, along said southerly right-of-way, a distance of 134.14 feet; thence S 01 ° 48' 39" W a distance of 17.50 feet to a point 37.50 feet south of the center line of SW Burnham Street; thence N 88° 11' 21" W, parallel with and 37.50 feet from the center line of SW Burnham Street when measured at right angles, a distance of 134.27 feet to the westerly line of Document Number 91019636; thence N 02° 14' 58" E, along said westerly line, a distance of 17.50 feet to the point of beginning. Containing 2349 Sq. Ft. SW .BURNHAM STREET \ j 91096,36 2,349 SQ j j \ \ 86044441 -----i 87053938 ~,0 1 cn I - II I I I l I I I ~ j 84041402-84141406 ! I i 84041408 , ,16742'SQ FT BOOK1005 PAGE 946 j I I h BOOK 1022 PAGE 944 N 1 I I ! N 1 j I i I i I ; station 143+82.29 - - - - - - - - f - - Agenda Item # Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Senior Center Remodel Grant Agreement Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City enter into an agreement with Washington County accepting Community Development, Block Grant (CDBG) funds for renovating the Tigard Senior Center? STAFF RECOMMENDATION Authorize the Mayor to sign the agreement. KEY FACTS AND INFORMATION SUMMARY On September 26, 2006, Council authorized the submittal of a request for CDBG funds to address Senior Center improvement needs. In February 2007, the CDBG Policy Action Board selected the Senior Center project for FY 07/08 funding. In March 2007, the policy board's project list was endorsed by the Washington County Commissioners. The project work scope includes the following improvements: • Remodel the kitchen area and install modern, commercial grade, and properly-vented equipment. • Upgrade pantry area refrigerator and freezer. • Separate the Meals on Wheels preparation area from the dining area. • Replace the two side-by-side Meals on Wheels and delivery truck loading dock areas with reconfigured, one-level, concrete platform. • Upgrade the two upstairs restrooms with new fixtures and open-door style entrances as needed to bring these facilities into compliance with current ADA standards. • Upgrade upstairs lighting fixtures and electrical and phone wiring throughout the existing structure and expanded facility. • Construct 619-square foot library and lecture room. • Undertake seismic upgrades to the building. • Widen the front sidewalk and extend it by 90-feet to the loading dock area. • Replace upstairs floor coverings and paint portions of the building. The contracting process to receive the grant dollars includes an IGA between the City and County. A copy of the IGA is available in the City Recorder's office. The IGA is the standard, boilerplate document used for previous CDBG grant funds awarded to the City. 1:\LR13LN\Council Matcrials\2007\5-8-07 A1S Senior Center Grant.doc 1 OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS Goal No. 2: Continue to Support Implementation of the Downtown Plan. a. Pursue funding for projects. ATTACHMENT LIST None. FISCAL NOTES The grant funding amount is $307,000. The proposed City contribution to the project includes in-kind project management services, plus $47,800 in hard dollars. The $47,800 will come from the General Fund and reflects the minimum local contribution required. It does not impose a ceiling on the City's or Loaves and Fishes' contributions to the project. The project budget covers all of the upper level improvement needs identified in the CDBG project proposal. Lower level improvement needs will be the subject of a second, or 2008/09, CDBG project proposal. The intake period for the 2008/09 program cycle will be September-October 2007. l:\LRPI..N\Council N4aterials\2007\5-8-07 AIS Senior Center Grant.doc 2 Agenda Item # Meeting Date COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Amend CCAC By Laws--Membership Composition Prepared By: Phil Nachbar Dept Head Approval: C City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council modify the CCAC By Laws to replace the Planning Commission position with a person with expertise in real estate development, urban planning or design, or affordable housing? STAFF RECOMMENDATION Approve the attached resolution modifying the CCAC By Laws to replace the Planning Commissioner position with a person with expertise in real estate development, urban planning or design, or affordable housing. KEY FACTS AND INFORMATION SUMMARY The City Council at its April 17 Council workshop concurred with Staff to suspend the mandatory practice of having Planning Commission members serve as liaisons to other City boards, commissions, and committees. In addition, Council directed staff to modify the CCAC By Laws to replace the Planning Commission position with a person with expertise in real estate development, urban planning or design, or affordable housing. This agenda item executes the Council direction of April 17, 2007. - At its February 21 meeting, the CCAC raised the concern that it does not seem practical, considering the workload of the Planning Commission, to assign a member to the CCAC as well. Recently Jeremy Vermilyea, a Planning Commission member, was appointed to the CCAC, and then resigned due to the time commitment. The CCAC understands the importance of having the Planning Commission informed on issues pertaining to the Downtown, but believes there are other means of maintaining open communications. Members of either group can attend the other's meetings or form joint subcommittees, as is currently being done with regard to new land use regulations for Downtown. OTHER ALTERNATIVES CONSIDERED NA. CITY COUNCIL GOALS Modification of the CCAC By Laws furthers the Council Goal of 2007 to continue to implement the Tigard Downtown Improvement Plan. ATTACHMENT LIST Resolution amending CCAC By Laws. CCAC By Laws. FISCAL NOTES No cost impact. \\tig20Unetpuh\tig20\w ool\forms\fom docs\council agenda item summary sheet 07.doc Agenda Item # A, 2 Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve Settlement Agreement to Resolve the Way W. Lee General Contractor, Inc. Measure 37 Property Compensation Claim (M372006-00004) Prepared By: Gary Pagenstecher Dept Head Approval: City \XIgr Approval: ISSUE BEFORE THE COUNCIL Should the Council approve a Measure 37 property compensation claim settlement agreement between the City of Tigard and Way W. Lee General Contractor, Inc.? STAFF RECOMMENDATION Approve the proposed settlement agreement (Attachment 1). KEY FACTS AND INFORMATION SUMMARY Key facts and information xvill be discussed in the study session prior to this consent agenda item. Below is a brief summary: On November 29, 2006, Way W. Lee General Contractor, Inc. filed a Measure 37 claim for property located on SW 68th Avenue south of Pacific Highway; WCTM 1S136DA, Tat Lot 02400. On April 9, 2007, the claimant met with the City Staff to discuss a negotiated solution to the claim. The claimant identified the cost of constructing the backage road (required by the Tigard Triangle Design Standards), which the City had previously required to occur at the time of development, as the sole issue in the claim. On April 10, City Council opened the public hearing on the claim and agreed to continue the hearing at the claimant's request pending development of the subject settlement agreement. In general, the agreement requires the City to accept a fee in-lieu or an enforceable covenant for the required backage road across the subject property instead of requiring the applicant to build the road at the time of development. The claimant agrees to withdraw their Measure 37 claim and provide the fee in-lieu or enforceable covenant at the time of development of the subject property. In addition, the City agrees to refund the Measure 37 deposit of $1,000. OTHER ALTERNATIVES CONSIDERED Not approve the settlement agreement and resume processing the Measure 37 claim and approve or deny the claim. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Settlement Agreement FISCAL NOTES None \Vig20Vnetpub\tig20\w root\formsVOrm docs\council agenda item summary sheet 07.doc SUPPLEMENTAL PACKET FOR 8 220.7 DATE F MEETING CITY OF TIGARD, OREGON WAY W. LEE, GENERAL CONTRACTOR, INC. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND WAY W. LEE, GENERAL CONTRACTOR, INC. IS EXECUTED ON THIS DAY "')AV 8 @DW TO RESOLVE MATTERS INVOLVING PROPERTY OWNED LOCATED AT S.W. 68PARKWAY (WM 1S1 36DA TL 02400). RECITALS: On November 28, 2006, Way W. Lee, General Contractor, Inc. filed a Measure 37 claim concerning the property at SW 681" Parkway (case number M372006-00004) requesting the City of Tigard to waive or suspend any and all City regulations in its Comprehensive Plan, Community Development Code and Transportation System Plan imposed on the subject property after acquisition by the owner. THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFIT OF A FAIR AND TIMELY RESOLUTION OF THIS MATTER, BOTH PARTIES AGREE TO THE FOLLOWING SETTLEMENT TERMS: SECTION 1. The City of Tigard agrees to accept a fee-in-lieu of construction or an enforceable covenant for the construction of the Tigard Triangle backage road across the width of the subject property at a future point in time when the City of Tigard approves the construction of the entire road from 68th Parkway to 72nd Avenue, as portrayed in the transportation plan for the area. This shall be imposed as a condition of approval of development review for the development of the Way W. Lee, General Contractor, Inc. property on 681" Parkway instead of a requirement for Way W. Lee, General Contractor, Inc. to actually construct the road. SECTION 2. Way W. Lee, General Contractor, Inc., shall provide the Tigard Triangle backage road design and right-of-way dedication along the length of their property. A centerline profile for the remainder of the road to 72nd Avenue will be part of the design. A fee-in-lieu of construction will be accepted or an enforceable covenant for same. SECTION 3. Way W. Lee, General Contractor, Inc. shall withdraw its Measure 37 claim (M372006-00004) and pledge to comply with all applicable regulations in place at the time the Measure 37 claim was filed (November 38, 2006) in the City of Tigard's Comprehensive Plan, Community Development Code, Transportation System Plan and/or Municipal Code, as well as regulations enforced on behalf of Clean Water Services or Washington County, when development occurs on the subject property. Way W. Lee, General Contractor, Inc. waives all Page 1 of 2 Measure 37 claims which it possesses with respect to the property described in the above referenced Measure 37 claim. SECTION 4. The City of Tigard shall refund Way W. Lee, General Contractor, Inc. the fee of $1,000.00 for the Measure 37 claim. SECTION 5. This agreement is effective upon approval by City Council. CITY OF TIGARD WAY W. LEE,GENERAL CONTRACTOR, INC. Tom Coffee Way , Community Development Director Presi t CITY OF TIGARD fz I ~ALdl C-u frVJ N ~G~ (~yj15~City Manager CITY OF TIGAR c 1, Cr ' irksen Mayor Page 2 of 2 City Council Document Transmittal To: - f t tiL From: CA,-A- S,:2 4 Date: _`7 / 0/0 7 I'm sending you: Document Type: ❑ IGA J ❑ Contract 0/0ther ( o v k&t LQ f. Document Name: VV Q` L(. Ck-D- C r / oc. Ct.I Wo + 0")ITu'uy- CLaim Approved at the Council Meeting of Number Copies Included: ~'I'our document(s) have been signed by the Mayorv 0 Your document(s) have been signed by the City Manager 0 Your document(s) requires an additional signature(s) J 0 When all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: 1 `O a: p.." c-In I:\ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC Way W Lee General Contractor, Inc. 5210 SE 26th Ave. Portfand,, OR97202 (503 234-0591 Fa,~.• (503 234-0593 DATE: April 27, 2007 TO: Mr. Gary Pagenstecher FROM: Ken Lee RE: Measure 37 Claim 2006-00004 Settlement Agreement Dear Gary: Please find enclosed the signed settlement agreement to withdraw our Measure 37 claim. If you need any additional information for the May 8 meeting, please give me a call at 503-234-0591. Sincerely, Ken Lee Agenda Item # tlA Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approval of an Intergovernmental Agreement with Washington County for Construction Management and Inspection for Roadway Improvements to Bull Mountain Road at Hwy 99W. P Prepared By: G. Berm Dept Hea Approval: C~ City Mgr Approval:/ ISSUE BEFORE THE COUNCIL Shall City Council approve and authorize the City Manager to sign an Intergovernmental Agreement with Washington County for construction management and inspection for roadway improvements to Bull Mountain Road at Hwy 99W? STAFF RECOMMENDATION Approve the proposed Intergovernmental Agreement with Washington County. KEY FACTS AND INFORMATION SUMMARY • The purpose of the project is to widen the right-turn lane on Bull Mountain Road at Highway 99W to accommodate truck traffic. • City staff has prepared the bid documents for the project and is in the process of acquiring an ODOT permit and an access agreement. Once the permit and access are acquired and the proposed agreement for construction management and inspection is approved, bids to construct the project will be requested. Staff anticipates that acquisition of the access agreement and ODOT permit will be completed by May 15, 2007. • Washington County would provide construction management and inspection for the project through the attached proposed agreement. OTHER ALTERNATIVES CONSIDERED Request proposals from consultant. CITY COUNCIL GOALS The Bull Mountain Road at Highway 99W Roadway Improvement Project will contribute to the Tigard Beyond Tomorrow Transportation and Traffic goals of "Improve Traffic Safety" and "Improve Traffic Flow". The proposed improvements to the right-turn lane will bring the lane to current standards intended to improve safety and increase capacity. /I ATTACHMENT LIST Attachment 1: Intergovernmental Agreement for Roadway Improvements to Bull Mountain Road at OR 99W. FISCAL NOTES Construction of the project is currently estimated to cost $175,000. The estimated payment to the County to provide construction management and inspection for the project is an additional $37,000. Bills from the County will be based on actual costs incurred through the project duration. The project is funded through the Urban Services Traffic Impact Fee Fund in the FY 2006-07 and FY 2007-08 Community Investment Program in the amount of $75,000 and $240,000 respectively. henp\2006-2007 ry apNull mtn road a hwy 99M1 ash w%5-8-07 warn iga ais.ax Agenda Item No. V. g Meeting of Q6 MEMORANDUM TO: Mayor and City Council &J3 FROM: Greg Berry, Utilities Engineer RE: Approval of an Intergovernmental Agreement with Washington County for Construction Management and Inspection for Roadway Improvements to Bull Mountain Road at Hwy 99W. DATE: May 3, 2007 Please replace page 3 of the proposed IGA with the attached. Revisions include: Paragraph 3.1 - Replace "paragraph 2.2" with "Section 2 (CITY OBLIGATIONS)" Paragraph 3.2 - Replace "paragraph 2.1" with "Section 1(COUNTY OBLIGATIONS) • Land Use approval and permitting • Right-of-Way acquisition • Coordinating utility relocations and resolving conflicts • Final design • Bidding and contract award • Reviewing and evaluating the contractor's requests for clarifications and changes to the contract documents • Issuing progress estimates and making payment to the contractor Adding Washington County, its officers, agents, and employees, and Washington County Board of Commissioners as an additional named insured on the construction contract 3. COMPENSATION i 3.1. City shall be responsible for all Project costs associated with obligations outlined in Section 2 (CITY OBLIGATIONS) and for all construction contract costs. 3.2. City shall pay County staff costs for services described in Section 1 (COUNTY OBLIGATIONS), as billed, within thirty (30) days after receipt of County invoice in accordance with the following schedule of hourly rates including overhead. The services are estimated to cost $37,000. 3 Agenda Item # L Meeting Date May 8, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Authorizing a Purchase Order for Cubicle Partitions and Work Station Furniture Related to the Water Building Renovation Prepared By: Brian Rager Dept Head Approval: City Mgr Approval: (AD ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the Local Contract Review Board (LCRB) authorize a purchase order in the amount of $74,500 to Harris WorkSystems for cubicle partitions and work station furniture related to the water building renovation? STAFF RECOMMENDATION Authorize the purchase order. KEY FACTS AND INFORMATION SUMMARY ■ In July, 2006, the City Council heard a presentation on the water building renovation and relocation of Public Works staff to that building. The renovation project would: - Make way for one of the first urban renewal projects by providing a work space for staff currently housed in the Public Works' Annex. This building is slated for demolition as part of the Ash Drive/Burnham Street urban renewal project. - Consolidate administrative staff in a single building. - Get the City one step closer to vacating the public works office/operations complex. The site of this complex has been earmarked for future urban renewal projects. - Allow the City to make good use of a partially vacant, modern facility. ■ In October, 2006, the Council awarded a contract for the project design. ■ In March, 2007, the Council awarded a construction contract; construction began on April 3, 2007. ■ Interior partition walls for the cubicles and the work station furniture is not a part of the general contractor's scope of work because the City is able to purchase those materials and have them installed more economically through a separate vendor. ■ The City of Portland has a contract with Harris WorkSystems (Contract No. 41047). Cooperative language in that contract allows other cities to purchase furniture at the City of Portland rates. Therefore, no competitive quotes are needed or required by the City's contracting rules. Using the Portland contract assures the City receives attractive pricing and this process also reduces the amount of staff time spent on the purchase. • With a target completion date of June 30, 2007, it is imperative the order for the water building cubicle partitions and work station furniture be placed the week of May 7, 2007. ■ The final quote from Harris WorkSystems, which includes complete installation, is $74,500. OTHER ALTERNATIVES CONSIDERED The LCRB could choose not to award the contract to Harris WorkSystems and could direct staff on how to proceed with the renovation/relocation project. Such a decision would delay the Ash Avenue/Burnham Street urban renewal project, since staff occupying the Annex must be relocated prior to the construction the new intersection. CITY COUNCIL GOALS Goal #2 - Continue to Support Implementation of the Downtown Plan ATTACHMENT LIST None FISCAL NOTES In August, 2006, the Council authorized $630,000 to fund the water building renovation. The primary costs for this project are as follows: Design $ 60,000 Construction $386,136 Cubicle Partitions/ Work Station Furniture 74,500 Sub Total $520,636 After the purchase of the furniture and partition materials, there is approximately $109,000 left in the project budget to cover any moving expenses and contingencies. Funding for the project is being divided among the Water, Sanitary Sewer, and Storm Water Funds. Agenda Item # -6- Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Appointment to Vacant City Council Position Prepared By: Cath Wheatle Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL The City Council will consider filling the City Council position vacated by Councilor Harding who resigned from the City Council on April 24, 2007. STAFF RECOMMENDATION Discuss when and how the position vacated by Councilor Harding should be filled. KEY FACTS AND INFORMATION SUMMARY • Councilor Harding announced her resignation from the City Council at the April 24, 2007 City Council meeting, effective at the end of that meeting. • Councilor Harding's term of office expires December 31, 2008. • Councilor Harding had advised Council members prior to her public announcement of her intention to resign because she and her husband would be moving out of state. • City Council members were advised by City Attorney Rains that the City Charter gives them wide latitude in the manner in which the vacancy should be filled. The City Charter, Section 7, Paragraph 3 states: In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpirrd term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the state of Oregon and City ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held. • City Council members discussed the upcoming Council position vacancy during the April 24, 2007, study session and determined they would consider how to fill the vacancy at the May 8, 2007, City Council meeting. OTHER ALTERNATIVES CONSIDERED Options include: • Council could appoint a Councilor to serve until the expiration of the term, December 31, 2008. • Council could do nothing and operate as a four-member Council for a period of time up to the end of the term. • Council could do nothing and operate as a four-member Council until a new Council person is elected either at the September 18, 2007 or the November 6, 2007 election. • Council could appoint a Councilor to serve until a new Council person is elected either at the September 18, 2007 or the November 6, 2007 election. CITY COUNCIL GOALS N/A ATTACHMENT LIST None. FISCAL NOTES N/A i:tadmtpacket'07t070508tcouncil vacancy appointment ais.doc Agenda Item # Meeting Date May 8, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Legislative Briefing by Senator Burdick & Representative Galizio Prepared By. Joanne Ben on ; ' Dept Head Approval: V GtyMgr Approval: ISSUE BEFORE THE COUNCIL Council and legislative representatives will discuss issues affecting the City of Tigard and State Senator Ginny Burdick and State Representative Larry Galizio will provide an update on the local issues before the Legislature at this time. STAFF RECOMMENDATION Identify issues of interest or concern to Senator Burdick and State Representative Galizio. KEY FACTS AND INFORMATION SUMMARY Senator Burdick and Representative Galizio were contacted and agreed to meet with the City Council to provide an update on the 2007 Legislative Session. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS Council Goal # 5: Increase Tigard's involvement with Washington County, Metro, State, ODOT, TriMet and Federal government. Tigard Beyond Tomorrow -Community Character and Quality of Life - Communication Goal - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for input on community issues and establishing and maintaining two-way communication. ATTACHMENT LIST 1- City of Tigard Legislative Priorities FISCAL NOTES N/A iAadm\citycounc8\councJ agenda item summaries\2007\ais for galizio-bmdick0705080.doc3/21/07 Agenda Item # Meeting Date 5/8/07 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Tigard Youth Advisory Council aYAC) Prepared By: Sheryl Huiras Dept Head Approval:' City Mgr Approval: ISSUE BEFORE THE COUNCIL Update the City Council on Tigard Youth Advisory Council and consider funding request for winter and spring break. STAFF RECOMMENDATION Tigard Youth Advisory Council staff recommends that the City continues support for TYAC activities. KEY FACTS AND INFORMATION SUMMARY The mission of Tigard Youth Advisory Council is to improve and connect the lives of Tigard youth. In 2006/2007 we've accomplished this through a variety of positive youth and community activies. TYAC sponsored two movie nights for middle school students at the Tigard Library. Over 100 kids attend each night, giving them something positive to do on Friday nights. TYAC sponsored four blanket drives collecting over 1000 blankets for the Caring Closet. TYAC planned, coordinate and implemented a Youth Summit in 2006 and in 2007 THOT (Teen Helping Other Teens) workshop. Over 75 students attend each workshop and attended classes on cultural diversity, college preparation, goal setting, how to get involved in your community, peer pressure challenges, drugs and alochol education, and peer court information. TYAC alson involved in numerous park cleanups. In 2007 TYAC wrote letters of support and the City of Tigard was named 100 Best Communities for Young People. In 2005 TYAC received the "We Make A Difference Award" from Washington County for outstanding service to our community. Future projects, TYAC would like to implement and sponsor Teen Programs during Winter and Spring breaks. The programs would be safe, fun and educational and give students opportunities for positive activities during their school. The programs could include: dance classes, golf lessons, craft workshops, yoga sessions, movies, babysitting and CPR training, etc. OTHER ALTERNATIVES CONSIDERED Fundraise through community donations. CITY COUNCIL GOATS Improve Council/Citizen communications ATTACHMENT LIST Powerpoint presentation. FISCAL NOTES Not applicable. \\tig20\ netpub\tig20kw root\fonns\fo" docs\council agenda item summary sheet 07.doc Tz and cl'outh Adviso Council T, y A C x, t r Mission: To empower, improve, and connect the lives of Tigard's youth. Projects We Worked On This Past Blanket Drive Year • Blanket Drive-- S4 • Movie Night . y x • Good Neighbor Center( ' I • THOT Workshop 2007- ~ AJ Movie Nights Good Neighbor Center ~ t 1 THOT Workshop 2007 Future Planned Projects W L More Movie Nights av _ ata Developing New Projects • Workshop 2008 O Goals for You Thank You For Sup ortn Us! • Scholarship ■ Cr9 • Build a community center ' 4 .r /a t I • Stay connected with the youth t, 2 Tigard Youth Advisory Council > Membership Page 1 of 1 Name Title School Grade Sarah Walch President Tigard High 11th grade Ben Boudreau Vice President Tigard High 11th grade Melissa Sweet Secretary Tigard High 11th grade Erryn Ross Treasurer Tigard High 11th grade Robyn Goldberg Historian Tigard High 12th grade Whitney Durham Member Tigard High 12th grade Louis Rogers Member Tigard High 12th grade Tiffany Ross Member Tigard High 12th grade Andrew Scheurich Member Tigard High 12th Grade Kelsey Trummel Member Tigard High 12th grade Jennifer Yang Member Tigard High 12th grade Rob Williams Member Jesuit 11th grade Alexander Carsh Member/Web Tigard High 9th Grade Dude Rachael Glancy Member Tigard High 9th grade Alex Hill Member Tigard High 9th grade MacKenzie Member Tigard High 9th grade LeBrun Kelsee Love Member Tigard High 9th grade Narintohn Member Tigard High 9th grade Luangrath Sidney Tan Member Tigard High 9th grade Ian Walch Member Tigard High 9th grade Daniel Young Member Tigard High 9th grade Lindsey Boyce Honorary Member http://www.tyac.info/membership/default.asp 6/21/2007 O Agenda Item # Meeting Date May 8; 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Finalization of Sanitary Sewer Reimbursement District No. 39 (SW Hill View Street, 102"d Avenue) Prepared By: G. Berry Dep' t Head Approval: City Mgr Approval: C Q ISSUE BEFORE THE COUNCIL Finalize Sanitary Sewer Reimbursement District No. 39, established to construct sanitary sewers in SW Hill View Street and 102nd Avenue. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 39 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • Council approved the formation of Reimbursement District No. 39 by Resolution No. 06-63 on October 10, 2006 following an informational hearing. No public testimony was offered during the hearing. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. On April 20, 2007, notices of the hearing to finalize the district were mailed to owners within the district. No responses to the notices were received. One owner has expressed an intention to immediately connect to the sewer. • This Reimbursement District installed sewer service to three lots on SW Hill View Street and four lots on SW 102°d Avenue south of Hill View Street. The property owners must 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 property owner must pay a connection fee, currently $2,735, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • 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 finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER'ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS 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- Resolution No. 06-63 with Exhibits A, B (7 pages) Attachment 3- Vicinity Map Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES ' The final actual cost of the project is $128,113.29. This amount includes the final cost of construction, $112,875.16, plus $15,238.13 for administration and engineering as defined in TMC 13.09.040(1). The project was originally estimated to have a total cost of $234,200. The estimate was prepared in advance of the bid opening and was based on recent bids with substantial increases in unit bid item prices. This estimate included a conservative evaluation of past bids plus a contingency amount. However, actual bids received were more consistent with previous bid item prices received before recent bid increases. The construction contract was awarded by Council on April 10, 2007. The request for Council approval noted that the contract was being awarded for an amount ($125,897.00) that was approximately $61,500 or 31% lower than the estimated amount of $198,000. Therefore, the difference between the final actual cost and the estimated cost of the project was primarily the result of the low bid being much less than estimated. In addition, the final cost of construction was $13,022.64 less than the awarded amount of $125,897.80. The difference was a reduction in quantities resulting from revisions to the drawings prior to construction. One manhole was determined to be unnecessary, and the relative depths of excavation were reduced at some locations. There were no other changes to the contract. The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. iAengt2009-2007 y dpN01 view & 102nd ss disMinalizationl5-8-07 hill Am mim dirt 39 alsrt.doo Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 06-lye A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39 (SW HILL VIEW STREET, 102ND AVENUE) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13,.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 39 (SW Hill View Street, 102nd Avenue) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost.among the parcels within the District, and a recommendation for an annual fee adjustment, and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 39," attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 39, SW Hill View Street, 102nd Avenue." SECTION 3 Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. RESOLUTION NO. 06 - 63 Page 1 SECTION 6 This resolution is effective immediately upon passage. PASSED: This d day of C b2h-,, 2006. J r Mayor - C ty of Tigard ATTEST: City Recorder - City of Tigard I:\eng\2006-2007 ty dp\hlll view 8 102nd ss d1stVo"aOon\10-10-06 reim dirt 39 res.doc 0 RESOLUTION NO. 06 t~,3 Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 39 (SW Hill View Street, 102nd Avenue) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,735, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the seven lots in the following table will require the extension of an existing sewer in SW Hill View Street west to 102nd Avenue. The house at 13995 SW 10211d is proposed to be included in the district although it could be served from an existing line in SW McDonald Street. After meeting with City staff, the owner has determined that a connection provided by the proposed district is more advantageous then connecting to the line in SW McDonald. The proposed project would provide sewer service to a total of seven lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the seven lots is $206,343. Engineering and inspection fees amount to $27,856 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $234,200. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $2,735, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in the proposed district are zoned R-3.5 but vary in lot size from about sixteen thousand to twenty thousand square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Exhibit A Page 1 of 4 Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $1.83956756 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, 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 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (I'MC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted September 26, 2006 u tin P. Duenas, P.E. ngineer I:\eng\2006-2007 ty cip\hill view & 102nd ss dist\formation\10-10-06 reim dist 39 report app a.doc Exhibit A Page 2 of 4 HILL VIEW STREET & 102ND AVENUE Reimbursement District No. 39 Estimated Cost to Property Owners Summary September 25, 2006 Estimated Construction Cost $179,429 15% contingency (construction) $26,914 Estimated construction subtotal $206,343 13.5% contingency (Admin & Eng) $27,856 total project costs $234,200 total area to be served (S.F.) 127,312 total cost per S.F. to property owner $1.83956756 I:\ENG\2006-2007 FY CIP\Hill View & 102ND SS Dist\Formation\Hill View Reimb by area.xls Page 3 HILL VIEW STREET & 102ND AVENUE Reimbursement District No. 39 Estimated Cost to Property Owners September 25, 2006 ESTIMATED AMOUNT THAT OWNER SITE ADDRESS AREA (S.F.) AREA (AC) REIMBURSEMENT AMOUNT TO BE PAID AMOUNT TO BE PAID CAN BE FEE BY OWNER BY CITY DEFERED BY OWNER 1 BRITTAIN FAMILY TRUST 10285 SW HILL VIEW ST 16543.307601 0.380 $30,433 $21,433 $9,000 $15,433 2 HART VIRGINIA A 10255 SW HILL VIEW ST 16543.359431 0.380 $30,433 $21,433 $9,000 $15,433 3 UPHOFF FAMILY TRUST 10225 SW HILL VIEW ST 16,543.45049 0.380 $30,433 $21,433 $9,000 $15,433 4 GILL EDWARD W & 13885 SW 102ND AVE 19648.87340 0.451 $36,145 $27,145 $9,000 $21,145 5 TAYLOR PETER H B J 13965 SW 102ND AVE 18131.07695 0.416 $33,353 $24,353 $9,000 $18,353 6 MERRICK BRET & CAROLINE J 13990 SW 102ND AVE 20118.29850 0.462 $37,009 $28,009 $9,000 $22,009 7 PECK, ALEN 13995 SW 102ND AVE 19784.00156 0.454 $36,394 $27,394 $9,000 $21,394 127312 2.92 $234,200 $171,200 $63,000 The "ESTIMATED REIMBURSEMENT FEE" column shows the estimated reimbursement fee for each lot. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. In accordance with Resolution No. 01-46, each property owner will be required to pay the first $6,000 of the final reimbursement fee for connections completed within the first three years of City Council's approval of the final City Engineer's Report following construction. The "AMOUNT TO BE PAID BY CITY" column shows that portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer during this three year period. This resolution also requires owners to pay any fair share amount 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 that amount of the fair share that 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. This amount is shown in the "AMOUNT THAT CAN BE DEFERRED BY OWNER" column. In addition to the reimbursement fee, the owners will 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. I:\ENG\2006-2007 FY CIP\Hill View & 102ND SS Dist\Formation\Hill View Reimb by area.xls Page 4 HILL VIEW STREET & 102ND AVENUE FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 39 A PORTION OF THE SW 1 /4 SECTION 2 T2S R1 W W.M. HILL VIEW ST v J N Q Z N O NOTE: All properties in the reimbursement district are zoned R3.5 MCDONALD ST EXHIBIT B NTS Attachment 3 HILL VIEW STREET & 102ND AVENUE FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 39 A PORTION OF THE SW 1 /4 SECTION 2 T2S R1 W W.M. c~ HILL VIEW ST N ~ N Q j Z = O Q MCDONALD ST v Q Q z s Q) o o° VICINITY MAP NTS Attachment 4 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 April 20, 2007 NOTICE of PUBLIC HEARING Tuesday, May 8, 2007 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on May 8, 2007 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39 (SW Hill View Street). The Tigard City Council will conduct a public hearing. to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 39 formed to install sewers in SW Hill View Street and 102nd Avenue. Each property owner's recommended fair share of the public sewer line is $1.0062 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would 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. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. i:tengl2006-2007 ty cip\hill view 8 102nd ss distViinalization\5-8-07 reim disl 39 notice 3.doc Phone: 503.639.4171 Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 Jam Free Printing - y . Use AveryO TEMPLATE 5961*"" i~ vuHrvv avery.com 1-800-GO-AVERY Attachment 5961rm 2S1020001700 2S1020001800 BRITTAIN FAMILY TRUST HART VIRGINIA A 1487 PASSEO AURORA 10255 SW HILL VIEW ST SAN DIEGO CA 92154 TIGARD OR 97223 2S1020001900 2S1020002600 UPHOFF FAMILY TRUST GILL EDWARD W & 10225 SW HILL VIEW ST 13885 SW 102ND AVE TIGARD OR 97223 TIGARD OR 97223 2S1020002700 2S1020003700 TAYLOR PETER H B J MERRICK BRET & CAROLINE J 13965 SW 102ND 13990 SW 102ND AVE TIGARD OR 97223 TIGARD OR 97223 2S1020003600 PECK, ALEN 13995 SW 102ND AVE TIGARD OR 97223 ov1L96S ®A213AH A83AV-09-008-1 wiL96S 31MdW31®f%JaAV ash wo:)-AjaAe'MMM GWIWJ.J BBL unr Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 41 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 scwcr connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must bie completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 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. 01-4(.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 2shall 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 day of 2001, x1d J. ~11 ayor Ci of and ATTEST: Recorder - City of 'and LACiq widelRes\Resolution Revising the Neighbortwod Sewer Incentive Program RESOLUTION NO.01-Y(.! 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 10671 & JOHNSON No.12 5,598 No reimbursement available 1007" & INEZ No. 13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA NoA5 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANo.17 8,000 July 11,2003 WALNUT & 121' No.18 - Amount to be reimbursed will be Throo y03M from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03--55 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 byResolution 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- 55 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. `rte PASSED: This day of Cr,+pbP,rx-- 2003. 4,~W-Z Gity of Tigard Craig E. Dirksen, Council President ATTEST: Cy .itil/ City Recorder - City of Tigard 11erqpmpvcmou(sanmt OfstAdsYavisVonS ms 01-48 aW 70 03%od 14 03 c ndn00-14-M addOon to m 1Je m.dw RESOLUTION NO. 03- 55 Page 2 Reimbursement District No. 39 Kill View Street & 102nd Avenue Finalization of Sanitary Sewer Retmbursement District No. 39 Hill View Street & 102nd Avenue) 7 lots L May 8, 2007 Reimbursement District No. 39 R -mbursement District No. 39 -Estimated construction cost range prior to bid: e District includes sewer service to 7 lots $161,000 to $197,000 Project is completed and sewer can be made ❖7 responsive bidders with good competition available to the lots ❖Contract award: $125,897 ❖ District formed through Resolution No. 06-63 ❖The final construction cost based on actual work quantities: $112,875 e• Final construction cost is approximately 1 1.5% less than the contract award amount Reimbursement District No. 39 ,.-'Reimbursement District No. 39 Fiial Costs Incentive Program e- Total Project Cost: $128,113 c• Final actual construction cost: $112,875 Reduced to $6,000 to the extent that it does not exceed $15,000 if connection is made within three 13.5% administrative and engineering costs: $15,238 years after service becomes available o Reimbursement Fee (Per Owner) Upon request, amounts over $15,000 may be • Total project cost: $128,113 deferred until development occurs • 7 lots served If all 7 lots connect within three years and request Total area served: 127,312 squae feet deferrals, the property owners would pay $42,000 AS 1.006291 per square foot of lot served and the City $86,113 1 Reimbursement District No. 39 Staff Recommendation Additional Owner Costs r o Each owner pays the following: That Council pass the resolution finalizing A$2,735 connection and inspection fee ($2,835 Reimbursement District No. 39 effective July 1, 20071 which funds treatment facility construction (Hill View Street & 102nd Avenue) A $50 (average) service charge per two months for e•'Sewer will be made available upon operation and maintenance of the entire system passage of the resolution AAll costs to connect to the lateral installed through this project 7 „ 2 I Agenda Item # :1~ Meeting Date May 8.2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Truck Terminals, Inc. Ballot Measure 37 Property Compensation Claim (1\4372006-00001) Prepared By: Gary Pagenstecher Dept Head Approval: City _T\1gr Approval: ISSUE BEFORE THE COUNCIL Shall the Council approve or deny a Ballot Measure 37 property compensation claim concerning the Truck Terminals, Inc. property located at 13015 SW Pacific Highway? If approved, Council shall decide whether to pay compensation for the alleged loss in property value attributed to the City's billboard prohibition or waive regulations to allow Truck Terminals, Inc. to use the property for a use permitted at the time the Claimant acquired the property. STAFF RECOMMENDATION Staff recommends that the Council deny the compensation claim because the proposed billboard use was not a permitted use at the time the parcel was acquired. Should the City Council choose to approve the claim and grant a waiver, staff recommend that the waiver be granted to the owner, Truck Terminals Inc., and not the land. Once a sign permit application is filed, the application will be processed under the C-3 standards in place at the time the property was acquired. Once Truck Terminals, Inc. ceases to be the owner, however, any expansion or major modification beyond development applied for shall be subject to the land use regulations and comprehensive plan policies in effect at the time of application. KEY FACTS AND INFORMATION SUMMARY Truck Terminals, Inc. is seeking compensation or a waiver of the current land use regulations and comprehensive plan policies that are more restrictive than those in place at the time the subject property was acquired. The 0.33-acre property is currently developed with two small commercial buildings and an associated parking lot. The amount given for the reduction in property value is $178,813, the value of a general 20-year billboard lease. Staff finds that the current prohibition on billboards does not restrict the use of the property to any greater extent than at the time the claimant acquired the property, with respect to billboards. Key facts are below: City Council adopted Ordinance 65-22, which changed the zoning of the subject parcel from Multi-Family Residential (A-2) to General Commercial (C-3) on July 12, 1965; • City Council adopted Zoning Ordinance 67-21 in February 1967; • Ordinance 67-21 did not allow billboards but, instead, provided for, as a conditional use in the General Commercial Zone (C-3), "Any business, service, processing, storage, or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building". An off-premise sign, such as a billboard, is a "display" that is neither essential nor incidental to a permitted use. Ordinance 67-21 did not otherwise address signs but did qualify the applicability of the use standards stating that "no building or land shall be used and no building or structure shall hereafter be erected, enlarged of altered in this zone except for the [listed] uses."; • Claimant acquired subject property on December 11, 1970; • City Council adopted Ordinance 71-5, effective January 11, 1971, which included sign standards allowing off premise/for lease signs. Such signs were permitted in the C-3 zone at a maximum height of 35 feet and 300 square feet per face. Freeway oriented signs were also permitted within 600 feet of Hwy. 217 or Interstate 5; • City Council adopted Ordinance 93-12, which prohibits billboards (Section 18.780.070.M); • Development Code Section 18.780.130.C allows freestanding signs up to 90 square feet per face and up to 22 feet in height; and • A typical billboard is 672 square feet per face. OTHER ALTERNATIVES CONSIDERED Find the claim to be valid and take one of the following actions. Approval of an alternative action requires the Council to make findings in support of the alternative. 1. Pay compensation to the land owner, in which case the City should obtain its own market assessment of the amount of compensation. 2. Waive the applicable regulations to allow billboards, subject to the standard sign permit process. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Staff Report Exhibit B: Vicinity Map Exhibit C: Appraisal performed by SignValue (to be submitted when available by the City Attorney's office) Attachment 2: Applicant's Materials FISCAL NOTES The applicant provided a $1,000 deposit to cover application review costs. This deposit will be refunded to the applicant if the claim or waiver is granted. There are no budgeted funds to pay compensation. QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING FINDINGS TO DENY A BALLOT MEASURE 37 PROPERTY COMPENSATION CLAIM (M372006-00001) FOR A .33-ACRE PARCEL LOCATED AT 13015 SW PACIFIC HIGHWAY IN THE CITY OF TIGARD (WCTM 2S102BD, TAX LOT 02900) WHICEI WAS PURCHASED BY TRUCK TERMINALS, INC. ON DECEMBER 11, 1970. WHEREAS, the voters of the State of Oregon passed Ballot Measure 37 in 2004; and WHEREAS, Ballot Measure 37 provides that payment of just compensation shall not apply to land use regulations enacted prior to the date of acquisition of the property by the owner; and WHEREAS, Ordinance 67-21, in effect at the time of acquisition, did not allow billboards; and WHEREAS, Truck Terminals, Inc. has owned the property since December 11, 1970; and WHEREAS, a claim was made by Truck Terminals, Inc. in the amount of $178,813.00 as the reduction in the value of the property under the current Tigard Community Development Code. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached Staff Report (Exhibit A), Vicinity map (Exhibit B), Appraisal performed by SignValue (Exhibit C), and Applicant's Materials (Attachment 2) are hereby adopted as findings. SECTION 2: The Tigard City Council hereby denies the Truck Terminals, Inc. Ballot Measure 37 property compensation claim (M372006-00001). SECTION 3: This denial applies to the property north of SW Pacific Highway across from its intersection with SW Frewing Street at 13015 SW Pacific Highway; WCIM 2S102BD, Tax Lot 02900. SECTION 4: 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 ORDINANCE No. 07- Page 1 APPROVED: By Tigard City Council this day of 32007. Craig DAsen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 EXHIBIT A Agenda Item: Hearin Date: May 8 2007 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD3 OREGON ~Uc -AD 180 DAY REVIEW PERIOD = 5/15/2007 SECTION I. CLAIM SUMMARY FILE NAME: TRUCK TERMINALS, INC. MEASURE 37 PROPERTY COMPENSATION CLAIM FILE NO. Measure 37 Claim (M37) M37-2006-00001 CLAIMANT/ Truck Terminals, Inc. CLAIMANT'S Jill S. Gelineau OWNER: 15965 NW Tullamorrie Way REP: Schwabe, Williams & Wyatt Portland, OR 97229 1211 SW 5r1i Avenue, Suite 1900 Portland, OR 97204 CLAIM: The claimant demands compensation of $178,813 for alleged loss in property value resulting from regulations that restrict the claimant from placing a billboard on the subject property. The claimant has owned the subject property since December 11, 1970. AFFECTED REGULATION: Tigard Community Development Code, in particular but not limited to Chapters 18.780 and 18.520; and the Tigard Comprehensive Plan. ZONING DESIGNATION: CG: General Commercial District. The CG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 13015 SW Pacific Highway; WCIM 2S102BD, Tax Lot 02900 (North of Pacific Highway across from its intersection with SW Frewing Street). APPLICABLE CODE CRITERIA: Tigard Municipal Code Chapter 1.20. SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council review the following report and determine whether the claim is valid. Staff recommends that Council deny the claim because the proposed billboard use was not allowed at the time the parcel was acquired. TRUCK TEMINALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT (M372006.00001) PAGE 1 OF 6 CITY COUNCIL HEARING 5/8/2007 SECTION III. BACKGROUND The subject .33-acre parcel (TL 2900) is located north of SW Pacific Hwy. at its intersection with SW Frewing Street. It is currently developed with two small commercial buildings and an associated parking lot. On my 12, 1965, through Ordinance 65-22, City Council changed the zoning of the subject parcel from Multi-FamilyResidential (A-2) to General Commercial (G3). In February 1967' the City adopted its Zoning Ordinance (Ord 67-21). The provisions of this ordinance, as it relates to the subject of the claim (signs), were in effect at the time the subject property was acquired by the claimant on December 11, 1970. SECTION III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under measure 37 must be in writing and include: A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. The claimant identifies the property as being located at 13015 SW Pacific Hghway; WCIM 2S102BD, Tax Lot 02900. B. The name and contact information of the person making the claim, the date the Claimant acquired the property, and if appplicable the date that a family member of Claimant acquired the property and the names and refationships of family members that are previous owners. The name and contact information of the person making the claim is Jill S. Gelineau of Schwabe Williams & Wyatt Attorneys, 1211 SW 5`h Avenue, Suite 1900, Portland, OR 97204; Phone 503-222-9981. The claim is made on behalf of the land owner, Truck Terminals, Inc., 15965 SW Tullamorrie Way Portland, OR 97229. The claimant's representative states the property was acquired by the claimant on December 11, 1970 and submitted a warranty deed dated December 11, 1970 (ffook 801 page 287) as evidence. C. A list of all persons with an ownership interest in or a lien on the property. The title report identifies the Claimant, Truck Terminals, Inc. as the sole owner. D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. With respect to the claim for the lost value of an income stream for a billboard lease the claimant's representative cites sections 18.780.070 and 18.780.085 of the Tigard Municipal Code. In addition, the claimant included "Exhibit B" with their Measure 37 claim which contains the Gigs current Community Development Code Chapters 18.780, Signs, and Chapter 18.520, Commercial Zoning Districts, in their entirety. Tigard Communi Development Code Section 18.780.070, Certain Signs Prohibited, includes subsection M, which rohibits billboards. TDC Section 18.780.085, Sign Measurement,. includes the method to determine the size of freestandin signs, but does not itself set limitations on size of articular sign types or with respect to zones. [TDC Section 18.780.130.C contains sign restrictions applicable to the CG zone which allow roperty owners to build only one free standing sign and which prohibits any freestanding sign larger that 70 square eet per face or a total of 140 square feet for all sign faces.] The claimant's representative estimates the reduction in proFerty value caused by the regulations that restrict the proposed billboard lease cited above is the net present value o the lease, $178,813. E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A descnption of the proposed use must be provided. The claimant's representative states that Truck Terminals, Inc respectfully demands that compensation be paid to it, pursuant to Measure 37. TRUCK TEMNALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT "72006-00001) PAGE 2 OF 6 CITY COUNCIL HEARING 5/8/2007 The claimant's re resentative has not provided a statement describing the extent to which the regulation would need to be waivedpsuspended or modified to avoid the need for compensation. The claimant's representative has not provided a description of the proposed use beyond that stated in "Exhibit C" of the Claimant's Measure 37 claim, "a potential property lease for a permanent easement on a billboard site." (Attachment 2). F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The claimant's representative has provided a written demand for compensation in the amount of $178,813. In support of this amount, the claimant's representative submitted a letter dated August 15, 2005, from Brian Oliver, Agtitas Capital Management, which provides a method for determining the economic value to the rights of a potential property lease for a permanent easement on a billboard site. The claimant has not provided a market analysis, appraisal, or documentation at least equivalent to a market analysis for the subject property, but has instead provided an example of the net present value of an income stream for a potential billboard use with no specific design or location on the subject parcel. The claimant's representative does not provide an estimate of the difference between the market value of the property under current regulations and the market value of the same property under the regulations adopted at the time the property was acquired that shows a reduction in the value of the property. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. Claimant's authorized representative is ill S. Gelineau of Schwabe Williams & Wyatt, Attorneys, 1211 SW 5`h Avenue, Suite 1900, Portland, OR 97204; Phone 503-222-9981. Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the claim, the Decision Maker may take any of the following actions: DENY the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. Pursuant to ORS 197.352.3.E, payment of just compensation shall not apply to land use regulations enacted prior to the date of acquisition of the property by the owner. Zoning Ordinance 67-21 contained the regulations in effect at the time the claimant acquired the property Ordinance 67-21 did not allow billboards but, instead, provided for, as a conditional use in the General Commercial Zone (G3), "Any business, service, processing, storage, or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed -building'. (Chapter 140-2-gg). An off-premise sign, such as a billboard, is a "displa' that is neither essential nor incidental to a permitted use. "Incidental" is defined to mean "somethin likely to appen or naturally appertaining, incurred casually or and in addition to the regular amount". Random House Dictionary, College Edition, 1968. Ordinance 67-21 did not otherwise address signs but did qualify the applicability of the use standards stating that "no building or land shall be used and no building or structure shall hereafter be erected, enlarged of altered in this zone except for the [listed] uses." Ordinance 71-5, effective January 11, 1971, included sin standards allowing off premise/for lease signs: Such signs were permitted in the G3 zone at a maximum height of 35 feet and 300 square feet per face. Freeway oriented signs were also permitted within 600 feet of Hwy. 217 or Interstate 5. Ordinance 93-12 prohibited billboards. TDC Section 18.780.070.M does restrict the placement of billboards on the ding subject property TDC Section 18.780.130.0, limits the size of signs in the GG zone prohibiting any freestan sign larger that 70 square feet per face or a total of 140 square feet for all sign faces, compared to the typical billboard size, which is approximately 14 feet high by 48 feet long, or 672 square feet per side. Therefore, the present billboard prohibition does not restrict the use of the property to any greater extent than at the time the claimant acquired the property, with respect to billboards. Therefore, the Council could deny the claim. TRUCK TEMINALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT "72006-00001) PAGE 3 OF 6 CITY COUNCIL HEARING 5/8/2007 b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. The claimant has not submitted a market analysis, appraisal or other documentation to determine the difference in value from the property's fair market value without the bill ~oard and its fair market value with a billboard allowed. Based on the ' ormation submitted, it is reasonable to assume that some marginal value could be attributed to the billboard use of the subject property. However, the information provided is insufficient for staff to do the required analysis. Therefore, staff is unable to determine whether or not the fair market value of the property is reduced, in this case. NOTE: The City is undertaking an appraisal of the property, vhkb nuy be useful in helping the Camal euduate this criterion c. The claim was not timely filed. The claim was filed on November 16, 2006. The claim was timely filed within two years of passage of Measure 37, prior to December 4, 2006. d. The Claimant is not the current property owner. According to the Warranty Deed submitted by the claimant's representative, the claimant, Truck Terminals, Inc., is the current property owner. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. According to the title report submitted by the claimant's representative the claimant currently}y owns the pproperty and acquired the property on December 11, 1970. City Council approved Ordinance 93-12 on April 13,1993, which amended the Tigard Commune Development Code prohibiting billboards. Therefore, the claimant was the property owner at the time the subject regulation was adopted. However, pursuant to ORS 197.352.3.E, payment of just compensation shall not ap 1y to land use regulations enacted prior to the date of acquisition of the property by the owner. Ordinance 67-31, in effect at the time of acquisition, did not allow billboards. In addition, ORS 197.352.8 and 10 refer to waiver and compensation for uses "permitted at the time the owner acquired the property." Billboards were not a permitted use at the time the owner acquired the property. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. Generally, regulations that protect public health, safety or welfare are considered "nuisance laws". Sign restrictions are not likely to be upheld as a historical and commonly recognized nuisance law. However, two of the stated purposes from the sign code are "to accommodate the need of sign_ users while avoiding nuisances to nearby properties" and "to prevent proliferation of sign and sign clutter." Therefore, the proposed billboard sign could possibly be deemed a nuisance. g. The regulation is required by federal law. The subject regulations were adopted and are enforced as City regulations and are not know by staff to be based on federal requirements. h. The regulation protects public health and safety. As discussed previously, some sign restrictions relate to safety, but some are aesthetic protections for public welfare. The claimant would need to show through a detailed design, that the proposed signage would not cause adverse impacts to traffic or general public safety. i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. The City adopted the present billboard prohibition (Ordinance No. 93-12) and is the jurisdiction responsible for enforcing the rules being challenged. TRUCK TEMINALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT (M372006-00001) PAGE 4 OF 6 CITY COUNCIL HEARING 5/8/2007 j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. No application for a sign permit has been reviewed or final action taken to apply the challenged regulations to the subject property. k. The City has not established a fund for payment of claims under Measure 37. The City Council has not established a fund for payment of claims under Measure 37. 1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Staff finds no other reasons, aside from those already listed, to deny the claim. Based on the review of the claim and this report, the Decision Maker may also decide to: 2. PAY COMPENSATION, either in the amount requested or in some other amount supported by the evidence. If the Ci pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shallybe paid from funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. The City Council will need to make a determination of whether the claim is valid. If valid, funds may be appropriated to pay the claim. Staff finds that the Claimant has not adequately demonstrated the value of the claim and suggests that the City conduct its own appraisal prior to paying such claim. 3. WAIVE or not apply the regulation to allow the owner to use the property for a use permitted at the time the Claimant acquired the property. As shown above, the proposed billboard use was not a permitted use at the time the Claimant acquired the subject property. 4. MODIFY the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows the procedure for a legislative land use decision. As shown above, the proposed billboard use was not a permitted use at the time the Claimant acquired the subject property. Staff finds that the claim is not valid. 5. CONDITIONALLY WAIVE or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. The Decision Maker may take OTHER ACTIONS it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to negotiate, the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. As stated in the recommendation above and the conclusion below, staff recommends the compensation claim should be denied. A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. TRUCK TEMINALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT "7200&00001) PAGE 5 OF 6 CITY COUNCIL HEARING 5/8/2007 This staff report represents onlya recommendation to the City Council and is not a final decision of the Qty. SECTION IV. CONCLUSION Based on the information provided by the claimant and the findings contained in this report, staff recommends that the City Council deny the compensation claim because the proposed billboard use was not allowed at the time the parcel was acquired. 6a't-1 z-1- April 25 , 2007 PREPARED BY. ary agenstec er DATE Ass crate Planner Apri125 , 2007 REVIEWED BY: Dick Bewersdorff DATE Planning Manager TRUCK TEMINALS, INC MEASURE 37 PROPERTY COMPENSATION CLAIM STAFF REPORT (M372006-00001) PAGE 6 OF 6 CITY COUNCIL HEARING 5/8/2007 CITY_of - . G GEOGRAPHIC INFORMATION SYSTEM m VICINITY MAP LU PJ~' ~~F M372006-00001 TRUCK TERMINALS s~ INC. MEASURE 37 CLAIM LEGEND SUBJECT SITE ~~12 ) TA RSFERRi FEPµy g.(1 5 S sC' j' ~ _ ~o y GR~NT l~^r~ IOO Bl~i7: MTRp• ry QP BONITA G CT ~ BEEF BEND RO,• { DURYAM RD • -X~ Tigard Area Map / v~ tic 0 100 200 300 400 500 Feet PARK ST 1•=487 feet o i it IlC~;faE3C~~ Information on this map is for general location only and should be verified with the Development Services Division. P~\ iT3125 SW Hall Blvd igard, OR 97223 Q (503) 639-0171 - hftp://w .ci.tigard.or.us - Community Development Plot date: Feb 2, 2007; C:\magic\MAGIC03.APR "EXHIBIT C" TO BE SUBMITTED BY THE CITY ATTORNEY'S OFFICE WHEN AVAILABLE y 7 ATTACHMENT 2 pV,0CEDLTM FOR BALLOT MEASURE 37 COMPENSATION .,AIM' ' . Giy of 7W- l'~m dW& 13125'SWHas Bled, T-Wnt c7R .97223 1'h a 503.539 4172 F=50.5.598.19610 The claim must be in writing and i miude the information 113ud Below. The claim shalt not be considered filed unfit all'of there uit=cats of the Emedtiis are mom. $ ST ArE OTILY Gass No.: 3? afro t,- v c oo I Appl. cwinn Accepted Br: - 64 Daze: tl ~ l ~ / 0 (o DateDerer~uaed Cfete7~cposiu ~1•QQO- (~epos+c so be ~mded;f ran i+ daiarmioedee be vx5d. rf cl~ibx is e~r~ed and ~dsmuttdy~ene~amad iawlid, tbt efeimattt shnB s+eimbune tbeCS~Y for the rant, 6c 07ima i pw=iq tk dam. If rrhWaauu= OWAAA she efepesit, the atnsoranr abet[ pe7'eOYeddicions! aaun+ae •rin£fa 3a clayp of a damend 6yc6e yep iorf~lt s Tf costs am }ess khan dx ' the d'd£rr~ ~ be a eo the eleimaot. 'fi)RNTYPICAI"fON OP CMMRT1' „apereyste~ecAtldr~ss~l.ocacion(s)• 13015 SW Pacific Highway . Tau~Fxp&TaxLot~(s} Township 2 South Range 1 West Section 2130 Tax Lot 290.0 Subdivision lot # (s): S~f~lnvraia'r rNpugmAn m pryp~~xf,~. Truck Terminals, Inc: Address: 15965 NW Tullamorrie Way per, (503) 614-1827 ' chy/statet Portland, Oregon zip: 7`~ 229 (Attach fist if more thm me) . Date Ozit~ Acquired Pmperm December 11, 1970 Dare PawAylfimber of Claim=Acquimc1 Property (K ipphcable): Mm.s and Relationships of FawnyMembes d= are Pmvious Chmeis (if applicable): (A=chliseifuddidonaf space is needed) w/secusirylnterest Holders of the affected prop .Address: Plaatta (Attach bat lEatate tlsaa one) When the owner and the fphoant are df><r=nt people, all owners of the affected property must sign ibds appUtation.3n the space pzovidcd on tbz back of this fozm. if the dflw ed propany m owned -by, two or more parsons and not all oarucrs seek Compensation, all owum who do not seek compensatloa shall elfin a waiver of the to compeaxadon. V,B ILATIOIN s' CTINGUSE IdentUythc rtgk&tion*at is 4cged to restdct use of affected property. Provide am' emcn, descrllcg how the res='on -Affects tie value of the property. (Attach additional materials a3 neeessa*j See Exhibit B .CLAD MUM= PmNide a stacemunt of whedw daimant prcfer's compe=l on or a v vg; suspension, or modif=dou of the replatk= See Letter fnclu& x stab=wt describing the error to -A" ure reputation tsmvd deed w.be waived, suspended, or modi&d to avaid the mwd for compensation. A dascriptian or the P-rwSjdtbce, must be'provaed. (Attach ffdMooa matwWx as uecemary) See Letter A== OF MM - 5AXiC)N' .tieatno~,tclaisncd~s can,._ See Letter and Exhibit C_ Provide docuu,eneat3on suppomng the amount, Said doeumamation shall hstcltade a market analysis, appraisal, or Oth= dacutneatatinst at least cqui~i el cxt t+a a rrra-t~et aaatysis. Cissasants' Authorized Repsrsantat£ve(s} if applicable. SIGNATi[7R-RofOa omntezof'tbasvb~ectpsorcrt3'. , 2A DATED zlsis jL6z2 7- da of © y/ 'p~ttuc Ocvnez's Srguat~ ucl~ 7~,wrY-tdJ L~• L Uwncr's S s.~ture Uan ces sipat m t,\mQIA\-tm\Led uu opp odm\b&t nmmm $7 d2im fo&doc CITY OF TIGARD 11/lb/LVVb v 13125 SW Hall Blvd. 11:07:51 AM Tigard, OR 97223 503.639.4171 Receipt 27200600000000005482 Date: 11/16/2006 ; Line Items: Case No Tran Code Description Revenue Account No Amount Paid M372006-00001 [M37-CD] Measure 37 Deposit 100-0000-229080 1,000.00 Line Item Total: $1,000.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check SKYLINE MEDIA LLC ST 1214 In Person 1,000.00 Payment Total: $1,000.00 a - cReceipt.rpt Page 1 of 1 SCHWABE, WILLIAMSON & WYATT A T T O R N E Y S AT L A W Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 1 Phone 503-222-99811 Fax 503-796-2900 1 www.schwabe.com JILL S. GELINEAU RtEIVED C Admittt ted d in in O Oreego gon and Washington Direct Line: (503) 796-2887 E-Mail: jgelineau@schwabe.com NO V 16 2006 CITYOFTIGARD PLANN NG/ENG NEERIN G November 16, 2006 BY HAND DELIVERY City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Measure 37 Claim for Truck Terminals, Inc Property Dear City of Tigard: This office represents Truck Terminals, Inc, and is submitting this written demand for just compensation on its behalf pursuant to Measure 37. Truck Terminals, Inc acquired tax lot 2900 in Section 2BD of Township 2 South, Range 1 West on December 11, 1970. Truck Terminals, Inc has had continuous ownership of the property since its initial acquisition. A complete chain of title report is enclosed as Exhibit A. Truck Terminals, Inc intends to lease space on its property for the purpose of placing an outdoor advertising sign. Currently, Chapters 18.780.070 and 18.780.085 of the Tigard Municipal Code restrict the development from occurring in the form intended by Truck Terminals, Inc. We have identified a number of other City of Tigard regulations currently in effect which were enacted subsequent to acquisition of the property by Truck Terminals, Inc, and which restrict the use and reduce the value of the property. These specific land use regulations are listed in Exhibit B to this letter. These land use regulations, and perhaps others, have been enforced against this property. Most recently, on October 5, 2006, City of Tigard Code Enforcement Officer Christine Darnell informed Keith Benjamin of this office that placement of a billboard on the property is not allowed. The City of Tigard did not have land use regulations in effect at the time of acquisition by Truck Terminals, Inc. that restricted the proposed development of this property. Please note that the City of Tigard land use regulations listed in Exhibit B are those we have been able to identify at this time. It is not clear that every provision of these regulations Portland, OR 503-222-9981 1 Salem, OR 503-399-7712 1 Bend, OR 541-749-4044 Seattle, WA 206-622-1711 1 Vancouver, WA 360-694-7551 1 Washington, DC 202-488-4302 PDX/l 15955/150191 /KSB/1469390.1 i City of Tigard November 16, 2006 Page 2 would apply to the development proposed by Truck Terminals, Inc. We believe that the list in Exhibit B is an adequate characterization of the land use regulations causing the restriction of use and reduction in value for the property, though it is possible that additional land use regulations apply. To the extent that the regulations listed in Exhibit B do not fully capture all land use regulations preventing Truck Terminals, Inc from enjoying all uses available at the time of acquisition, Truck Terminals, Inc reserves the right to seek relief from, or base its compensation claim on, additional applicable land use regulations. Additionally, due to the novelty of Measure 37 and the claim of Truck Terminals, Inc thereunder, we reserve the right to amend or supplement this claim as necessary to satisfy the construction and application of Measure 37.. Our position is that any land use regulation (as defined in Measure 37) that prohibits or impairs a property owner's ability to use or dispose of the property as set forth herein, would reduce the value of the property. Under Measure 37, the compensation claim must be paid or ultimately the owner shall be allowed to use or dispose of the property as permitted at the time of acquisition. The compensation, as a result of the enforced restrictions, shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulations as of the date of written demand for compensation under Measure 37. We estimate the reduction in property value caused by the regulations that restrict the proposed development is $178,813. Evidence demonstrating the net present value calculation is provided as Exhibit C. Truck Terminals, Inc respectfully demands that this compensation be paid to it pursuant to Measure 37. In lieu of payment of just compensation, Truck Terminals, Inc would welcome removal of the land use regulations currently in effect, so long as the removal is transferable to subsequent owners and the subsequent owners would be authorized to develop the property as described above. The claimants are aware that the City of Tigard adopted procedures regarding the implementation of Measure 37. This claim for just compensation is not made pursuant to such procedures, nor is it limited to regulations enacted prior to December 2, 2004. Section 6 of Measure 37 creates a cause of action for compensation if a land use regulation continues to apply to the subject property more than 180 days after the present owner of the property has made written demand for compensation. Under Section 7 of Measure 37, the procedures adopted by the City of Tigard cannot act as a prerequisite to filing a compensation claim in Circuit Court pursuant to Section 6 of Measure 37. The claimant has submitted the City of Tigard claim form for the convenience of the City, but this submission is not intended as a waiver of Truck Terminals, Inc's position on this issue. We do hope that the City of Tigard will act promptly, fairly and responsibly to provide Truck Terminals, Inc the clear benefit they are entitled to under Measure 37. S'*W P DX/ 11595 5/ 150191 /KS B/ 1469390.1 City of Tigard November 16, 2006 Page 3 Please let me hear from you at your earliest convenience. Very truly ours, ill S. Gelineau JG:ams Enclosures cc: Truck Terminals, Inc Kirk Becker . PDX/ 115955/150191/KSB/1469390.1 City of Tigard November 16, 2006 Page 4 bcc: Mr. Chris Artman Mr. Brad Parsons Mr. Terry Sandblast PDX/ 115955/ 150191 /KS B/ 1469390.1 Recorded Document Guarantee Guarantee No.: NCS-252764-OR2 Guarantee Form No. 27 (5/16/90) Page No. 1 x w E- - E T xnrSir - A.„qy~ -r~"9ty Y Issued by First American Title Insurance Company National . Commercial Services 200 SW Market Street, Suite 250, Port/and, OR 97201 Title Officer.. Lynette D. Anderson Phone: (503)222-3651 FAX.- (503)790-7856 ffttAmer(can ride Recorded Document Guarantee Guarantee No.: NCS-252764-OR2 Guarantee Form No. 27 (5/16/90) Page No. 2 A First American Title Insurance Company NaOiona/ Cominerdai Services 200 SW Market Street, Suite 250, Portland, OR 97201 (503)222-3651 - FAX (503)790-7856 LIABILITY: $350.00 GUARANTEE NO.: NCS-252764-0112 FEE: $350.00 YOUR REF.: Truck Terminals R me Guarantee ISSUED BY First American lit/e Insurance Company of Oregon An assumed business of Title Insurance Company of Oregon Title Insurance Company of Oregon, dba First American Title Insurance Company of Oregon, herein called the Company, subject to the terms and provisions of the application for this Guarantee, the Liability Exclusions and Limitations set forth below and in Schedule A and the conditions contained herein GUARANTEES Schwabe, Williamson & Wyatt herein called the Assured, against loss (except attorney's fees or the cost of defense) not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and a copy of each document listed and referred to in Schedule A must be attached hereto. All terms and conditions of the application are hereby incorporated by reference as if fully set forth in this Guarantee. Dated: 8/23/2006 at 7:30 a.m. Title InSUranCe company of Oregon dba FIRST AMERICAN THE INSURANCE COMPANY OF OREGON BY. / President J: Q,QOR :_p~ Attest.- 1 Secretary 'O FirstAmedcan Tide ' o Recorded Document Guarantee Guarantee No.: NCS-252764-OR2 Guarantee Form No. 27 (5/16/90) Page No. 3 RECORDED DOCUMENT GUARANTEE SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records and those records maintained by the County Recorder known as the Grantee/Grantor indices subsequent to January 1, 1970, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds, Contracts, Assignment of Contracts, Leases or Subleases (hereinafter Documents) describing said real property or any portion thereof, other than those listed below, copies of which are attached hereto and made a part hereof. A. The following Documents or matters disclosed by Documents recorded in the Public Records are specifically excluded from the coverage of this Guarantee, and the Company assumes no liability for loss or damage by reason of the following: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Oregon . 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. B. DESCRIPTION: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 36, NORTH TIGARDVILLE ADDITION, WASHINGTON COUNTY, OREGON, SAID CORNER BEING THE MOST WESTERLY CORNER OF SAID LOT 36; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT, 74 FEET; THENCE SOUTHEASTERLY PARALLEL TO AND 74 FEET NORTHERLY FROM THE SOUTHWESTERLY LINE OF SAID LOT TO THE SOUTHEASTERLY LINE OF SAID LOT 36; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 36 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 36 TO THE SOUTHWESTERLY CORNER THEREOF. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF OREGON, BY AND THROUGH ITS STATE HIGHWAY COMMISSION, BY DEED RECORDED IN BOOK 324, PAGE 551, DEED RECORDS. FlmtAmedcan Tide Recorded Document Guarantee Guarantee No.: NCS-252764-OR2 Guarantee Form No. 27 (5/16/90) Page No. 4 C. Listed Documents: Document: Warranty Deed Recording Date: August 16, 1968 Recording No: Book 710, page 630 Grantor: Stan Adkins, Builder, a co-partnership, consisting of Stan Adkins and Wayne D. Adkins Grantee: AGA Properties, Inc., an Oregon corporation Document: Warranty Deed Recording Date: December 14, 1970 Recording No: Book 801, Page 287 Grantor: AGA Properties, Inc., an Oregon corporation Grantee:. Truck Terminals, Inc., an Oregon corporation RrstAmerican Tlde Recorded Document Guarantee Guarantee No.: NCS-252764-OR2 Guarantee Form No. 27 (5/16/90) Page No. 5 GUARANTEE CONDITIONS 1. DEFINITION OF TERMS the American Arbitration Association. Arbitrable matters may include, but The following terms when used in this Guarantee mean are not limited to, any controversy or claim between the Company and the (a) "Land: the land described, specifically or by reference, in this insured arising out of or relating to this policy, any service of the Company Guarantee. in connection with its issuance or the breach of a policy provision or other (b) Public Records": those land records designated by state statues for obligation. Arbitration pursuant to this policy and under the Rules in effect the purpose of imparting constructive notice of matters relating to on the date the demand for arbitration is made or, at the option of the said land. insured, the Rules in effect at Date of Policy shall be bindin u on the (c) "Date": the effective date of this Guarantee. ~Y 9 P (d) "The Assured": the party or parties named as the Assured in this parties. The award may include attorneys' fees only if the laws of the state Guarantee, or in a supplemental writing executed by the Company, in which the land is located permit a court to award attorneys' fees to a (e) "Mortgage": mortgage, deed of trust, trust deed, or other security prevailing party. Judgment upon the award rendered by the Arbitrator(s) instrument. may be entered in any court having jurisdiction thereof. (f) "Lease": any lease or sublease of any estate in the land. The laws of the situs of the land shall apply to an arbitration under the (g) "Assignment": the transfer of the beneficial ownership of any Title Insurance Arbitration Rules. mortgage or lease. A copy of the Rules may be obtained from the Company upon request. (h) "Documents": any Deed, Mortgage, Lease or Assignment. Company shall reimburse the Assured for any expense so incurred. S. GUARANTEE ENTIRE CONTRACT No provision or condition of this Guarantee can be waived or changed 2. NOTICE OF LOSS - LIMITATION OF ACTION except by writing endorsed or attached hereto signed by the President, a A statement in writing of any loss or damage for which it is claimed the Vice President, the Secretary, and Assistant Secretary or other validating Company is liable under this Guarantee shall be furnished to the Company officer of the Company. within sixty (60) days after such loss or damage shall have been determined. 6. If any provision or any part of a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect 3. PAYMENT OF LOSS-. LIMITATION OF LIABILITY the legality, validity or enforceability of any other provision of this (a) The liability of the Company under this guarantee shall be limited to Guarantee. the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall 7. This Guarantee is issued only for the benefit of the named Assured and such liability exceed the amount of the liability stated in this does not provide any other rights or remedies upon any other person or Guarantee. entity. (b) All payments under this Guarantee shall reduce the amount of the liability hereunder pro tanto. 8. NOTICES (c) When liability has been fixed in accordance with the conditions of this All notices required to be given the Company and any statement in Guarantee, the loss shall be payable within thirty (30) days writing required to be furnished the Company shall be addressed to it at its thereafter. main office at 222 SW Columbia St, Ste_ 400, Portland, Oregon 4. ARBITRATION. 97201-5730. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of PoUIR=RDG-0R FirstAmertcan 77de I . mow 'Au AflN or T8d3t rJS[StlM, TAad._ 33tsn Adkins,.•8u1W6r,•-i.cpa ! ; i putnarahip.-conslattag.al.Stan Adidas and A... rNnbra!!W nlhd Ma _ pantos,' tw conekwaaan d . No cash involved _ . _ DaBan, to grantor paid byAGA Properties, Inc.. an.Aregon.Corporation i , bmmalter ailed dM MkN. do" henbr pant, bar/dn, w!/ and convoy, unto dw .aid (rm4r and /regrses Min, tuaawaa aaf a. }I atgn4 AN owak real aropedr, Wth eM haemor" bwadiramrnts ad appwintanaa tharuato balenjW gton_.. _ .nd Fah N Owdaua dawfbd . or appertaWry, akwted In the Cwntr or Washin is I a tolbaa, !o-riff ! t 'Beginning at the Southwesterly corner of Lot 38, North Tigardville Addition, ' j t Washington County, Oregon, said corner being the most Westerly corner of said Lot 96; thence Northeasterly along the Westerly line of said Lot, 74 feet; thence Sottheasterly parallel to and 74 feet Northerly from the Southwesterly t line of said lot to the Southeasterly line of sold Lot 38;. thence Southwesterly!. j -along the Southeasterly line of said Lot 36 to the Southeasterly corner thereof; thence Northwesterly along the Southwesterly Hoe of said Lot 36 to the South- westerly corner thereof; EXCEPTIXG THEREFROM that portion conveyed to the State of Oregon, by and through its state Highway Commission, by deed recorded in Book 324, Page 551 Deed Records,--------------- Grantee hereby assumes and agrees to-pay odd dlortgageand hold grantor harmless therefrom. Mortgage Recorded;luae' 27, 1987 Book 647, Page 693, Book of Records, Washingtob County, Oregon- Mortgage Recorded-Jyly 15, 1965 Recorded in Book 880, Page 485, Book of Records, Washington County, Oregoa----------------- To Have ad to Hold the above dumbed ad drpnted preatim unto tM mid (sofas and jrutaa's A - hdn. woa.eom and am#= lot"" And add /roux henbr covamah to and with and panda anti draethWa helm awwe.e s and aa• .I jrM that drentor le bwlunr aed.ad in fm An* of do abaft drARW Mendw, trw from aU ana.atbraww SA.IVA.AND=CSPT...limited. acceas.as.described.ln Deed. recorded.at.Book.224, gags-1151r ..WYshington.County-Deed•Recosds,..And••BXCEPT•condltfoner.__.._-....._ restrictions; eovenantsw4-easemente•of-record•-and•above•iaentioned••MorI e. _ _-and dot pankr a ' warrant ad forever deter( Me above dranw premise and arery pan and parer thaw( ajdnrd dM taw. ° fur skims and demrrda of on paraw" whoaeeaavor. - ' in oonwtv4 this deed and whom do warart ao npuhw. he'*Wular Iwahd phtral. f: wrrism canter. had rhie-13th. __dar ae_. _ r>r E8 go" "All P6 srATB or OREGON, county od._WashingtOA ea August . tf.88._ c `«r'~+e7w~ud/r eppeand fhe shwa named..tit8a Adldna.and_W.ayne.D...Adklns • aad atJErmwladjed the roredan(; lmlruaw,f to be 111.w! _ , •,,..roluntary aw and dud. 8ataaaw• ° Notary PV W Oredorr Z,'C %r( Ci.ta Mr eonmdaka .tv~ AV17 A. ~n._ _ A. WARRANTY DEED A/AA.4 6TATE of Onfioon . coetevetwIttAw. SrAN•ADIf1NS, 1A4LDE1t- ~ XBQe(! To wyuTeanuen $beaw a MeadeaM 2 ACA-MUIPEI Les .INC..« sewn %1" .neaeswaea INede:a aaa t:eoukN iamtew-N eamayaaaea sea ueaewra w um gYpr, do ► ww nr au. tree, caste wt rw ahma waw _..._......_......_r...~__._...,._. n...Y.,. w hatrusum %oft 4M Ifilw+ •w. •aa nneotdod l Yeee.l ...,.~R+.« 1 aeTaa at.00RWM0 aeTUaw To 1! N CauaT • ` GA Properties, Inc. i I ww.s.a►n..1«ewran,.a P.O. Boot 9337.3 aoota THOrmur.teuanara Tigard, Oregon 97223 a It. 3 _...IWMJh. as-nauaq Nta. VOU~7, ..........n ..•.,n w....,......... KNOW ALL MEN ar THESE PRESENTS, rim, AGA PROPERTIES, INC., an Oregon ~'~.p• corporation herdnafter called the junto, tar the consideration harkselier stated, to dramZVr paid by 'T'RUCK TERMINALS,, INg,.,,.,pA.,•95egpn,.corporation r hereinalter called the drasdee, j does hereby grant, bardal sell and convey unto the said grantee and grantee's heirs, sueectson end sasign, that certain real lomprrty, with the tpwment, hereditamente end appurtenermn therounto belonging or esepertatoind, sit" I ...'4' sated in rte Count d Washington and Slate of Ore on described as folbw ta- k I Beginning at the Southwesterly corner Of Lo: 6, North Tigervil o P. i, Addit•on, War'ington County, Oregon. said corner being the most Westerly corner of said Lot 361 thence Northeasterly along the Westerly line of sal Lot, 74 Casty thence Southeasterly parallel to and 74 feet Northerly from the Southwesterly line of said lot to the Southeasterly line of said Lot 361 thence !Southwesterly along the Southeasterly line of said Lot 3.6 to the Southeasterly corner thereoft thence Northwesterly along the South- - westerly line of said Lot J6 to the southwesterly corner thereoft EXCEPTING TPEREPROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by deed recordaJ in Rook 324. Page 551, Deed Records. K I I To Have and to Hold the rome unto the said grantee and grantees help, sucrarsors and assigns /oanss. r . And said drantor hereby covenents to and with add grantee and grentee9 heir, wooers rs end asdgm, that grenror is lawlully seized in fee simple all the above granted premises, free from all erlcumbrarsys EXCEPT, I Limited access, in Deed recorded September 12, 1951 in Deed Hook 324, page 551, Mortgage recorded July 15, 1965 in Book 560, page 4651 which the grantee agrees to assume and payr Mortgage recorded June 27, 1%7 in Book 647, page 693, which the grantee also agrees to assume and pays maid sums being a part of the below stated considerations one that grantor will warren( and forever driarat the nbov, granted Premises and every put and parcel ther+ol egairgt de low- jut rlalms and demands at all persons whomsoever, except those claiming under the above deteribed encumbrance.. The true and actual ansideration paid for this tronder, stated in terms of dollar, t, g.47, OQQ.QO,.,_„ ~fRK1Y1CK1fI0tC~~17et7aR7fR*7d1OG)flfaaC7p1~10'~CR9C)SMiNfNjilE0Rll0fnl~ta~r~~tafeMYYt _ x3wmxxK t ,M,,= CC~1fd<7[afw~0)(iIO~iTC'Rft70nietla~Q In eons,rulnj this deed and when the qonlost so require rho a' ulcer indudes the plus,,, y W[THESS grantor's hand this //fit day of ~eC ar yip 70 AGA PROPERTIES, INC., 1 an Oregon corporation 8yl tiJ,l I,, ('I' ` prep ent By.! Secretary STATE Or OREGON, County of ) sL . ly........ Personally appeared the above named . . and acknowledged the foregdnd inNnna sat b be voluntary act and deed. 1' aefare mar L¢ (Orylet4L Sus,) enoK 801 PR287 Notary Publk lor'Oredon My eorsmisdon expires , npre.rl. Melwr b. m e+ death 0 0 w "Ph" K dwe be err,... 4f anus ee, prow l.w low. w %""w by 6. 1W 1..,141 Neer. Zj': 11 WPM :t ,e - I' IoW 11.71-aa010MNWrrMF-COIM.tIDIL L[11~A_ <r[IUw.KNU~, nuwlK. STATE OF OREGON, ss. . day of December Carry of«..... 9shin%ton,_•....... _ On (hls . p bdass me appeared Stan Adkin ....and A>:min L. , Hime18 . both to am Personally knowtti who be:nw duly worn, dd stay that he, the acid Stan Adkins « « _ . Is ths.__......... President. and he, the mid Artnln L. Bl.aler L fhs . .Secretary af.ASiA..AlcOpflrk.~~er....IhC.. . the srffhtn neared CorponNory and that the seal affixed to said instrument is IM corporate seal of sold Corpora- fka, and that the sdl. ' ru~enl spas dined and seated it.. bohalf of add Corporation by authority at its Board of Directors, and.. RR.: ,1Gi,~1tA .............................and....... Arm?,#1 L.. Sims;er............._..«......... ack-wedds said OIK)W;k fo~Ia 'APO act and deed of saW Corporatiom had and alliaad 1 C: r- t r. oT IMO Ymy oflidol tal th_e• day and you last above wriMIL jool? rr~,`ti ` Notary Public for Ota/on. .....7-/3.'.7r/. . . r' My Conunlttlon expires WARRANTY DEED p` cF fotuctia=•• " . wa~I~s, INC. ~faleav_.rwadlw~af : ~f ,o a . of w.wdt rr,. Yid• ~Retpdw t TRUCK TERMIINALE, INC. ,vest pa ~.w,KKSVna .1°Ah ►s 01 _ ' IM aKelwre 1002 . uw w <w,r. ~ ~EM of TNarr[K • j ,lrrsaaaeoamtuanoaesTo rara'Y1+I~EXF~ I Tsvak Tarminale, Ihc. 2710 S. N♦ Viats Dr. Mons nq hood ara asst aMw& d Portland, Oregon 972225 h am #10404 1 ~Q ! i►47-lxaa eaoa ~1 PAGE~ES kN $ F•I~i~• .ivJl~a.C iJJ.~' r 1 't. e. E Title Insurance Company f Oregon First American COWANY o Aaassumedb"img'nanv ofTITLEINS 3RAN 1 This map is provided as a convenience in locating P-Pe losed by an actual survey First American Title Insurance Company assumes no liability for any varfaffons as may h disc r ~ 4' 14 1414 41 MAP as 7 2200 K AO AC 19 AC 3^~ 2601 2100 11 A co 2201 !tom 24 AC , „AC 41 3 8 64~ /M 2600 39 ~0^ > +4 0 8~ .32 AC 1.54 AC 2101 ~\3 AC 2800 37 ~)t)0 v .81& A .86 AC , ` 2700 ~ - NO .35 AC ' ` ~`s• ' ' - 2800 36 20 AC -zz 2900 33 AC AC 3000 • .25 AC 3100 35 AO .51 AC A 2s! % a - c3r~ ' ~A 33200 18 AC g~ ~w~` rg3°ciy~. y 2dw?,. 13 9,3 At, V, ~ m ~ a 2700, % % EXHIBIT B TO TRUCK TERMINALS, INC. MEASURE 37 CLAIM CITY OF TIGARD Tigard Community Development Code Chapter 18.780 Signs 18.780.010 Purpose 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.070 Certain Signs Prohibited 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments Chapter 18.520 Commercial Zoning Districts 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards Tigard Comprehensive Plan 1 - EXHIBIT B PDX/ 11595 5/ 150191 /KSB/ 1472476.1 ua~taiuts 13:09 FA% $037234286 Oneite3 fj01 1 } RaN~ tf~ laa Xr Q V I T p► 30.5 Sw Bras4 ~y BrSet e6o p'or~sd. alt 3 ~VITA0%H AMAdLFX2#1`, ism) e19.M tatslag 1415 Wrw. a oat eta August 1S, 2005 Mr. Stan Smidt Capped Finaao d Group 'S 100 SW lvlaaadsnt Ave„ Suite 210 Portland, OR 97239 . RE: Valttadm for UAIC on HMO" Site Dow Mr. Smith: At your rcquesG we have been giving wasideration to quantifying the econ min value to the rights of a pountial property lease for a permanent eawmeuat vn a billboard site. Aaerodb oy, we h4vc dose sr?me market reseaeeh and ficanaiat attalysis related to the pr+aetaot value of a patemiat (ease stmany wench is our opinion brat quantifies the economic value of the rights to swh a lose. Qvincial aasamnptions art that the Awdsrd lease In such a shm ionf is estebiiahetl for a 20 yev initial tenr4 with a base rate and annual escalation caausc of 2.5% pax yen. The lease is geaeratly thready with'a national billboard company, who are )mown to be f ancially seat* ((untie(( atld *cr eby represent very low credit risk on the least swam. i Tbare are many comparable transactions in the mafkct that suggest tht;t amionai build board coaupanW are paying a 7x multiple of the average annWa lease revenue„ adjuatod for the mm3-1 eacakdon allowance (the'hveraW lease stream adjusted for the nacaldion over the life of the lease Is 27.Wo. g v&W than the base team mb-.N as it market valuaftn 1* obtaining the'riou as the lessee on an underlying property lease for a billboard site. Utilizing this appmedt at the arigia$tlca of the It= equates to appb4ag a discount tats of 11.8034/9 an the wmu Zo roar lease strewn to arrive at at Net Present Value of the stream. This discount rate b very much in Hae with ,smsrleq expectations for ousartion of this nature and risk. For ear mple, if the bw kale rate wu MAW annuallq, the avenge annual ism mvetlue Would be $20,545, and ft pm Ivase revenue over the 20 yea iAit'utl tam of *e lem would be $510,893. The net pftwnt valve of this lease would be 3178,813 bMW oa: (a) 7x the average annual lease revenue of 520,545; or, (b) Discounting the gross lease revenue( of SS 10,893 by as 11.$03YA d'tscoimt factor. 1 hW ibis kftr provides you (tie Infarmadon drat you mquirie. ff you have any quosOolu „ cr nccd say additional, inf matiott, please don't hesitate to contact (tie. Sincerely, Brian A. Oliver Exhibit C Senior Man4ng Director PORTLAND. t d ~B£601Q669 'ONIaZ' 6l '15; li;: ti l ?130E 61 d3S 13n1i 'SN i MOYNDYW WOH ,yam Y^M CITY OF TIGARD, OREGON ORDINANCE No. 65 - 22 AN ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO THE LANDS OF RUBY D. PRISON,-BEING TAX LOT 2900, 2S1 2BD, AT 13015 S. W. PACIFIC HIGHWAY, TIGARD, OREGON, FROM A-2 TO C-3. WKMUS, the hereinafter described lands, by action of the City Council of the City of Tigard, Oregon, pursuant to.the Zoning Code of said city, have her.tofore been. limited in use to those r. uses permitted by said Code under,. and have been classified and zoned for, A-2 (Multiple Dwelling) purposes; and WHEREAS, pursuant to prescribed procedures, the owner of said lands has applied to the City of Tigard for re-classification of said property and change of zone thereof to permit the use thereof for C-3 (Retail Commercial) purposes, and said application has been duly publicized and public hearing held by the City Plan- ning C- ission on June 17, 1965, after due and legal notice; and WHEREAS, the City Planning Commission has recommended appro- val of said zone change to the City Council, and due and legal notice of City Council hearing having been given by publication in the Td Times, and the City Council finding that no public det- riment will result from the granting of said petition, and that it is in the public interest that said zone change be approved, and the property. re zoned from A-2 (Multiple Dwelling) to C-3 (Retail Commercial); NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the following described lands be, and the same are hereby, re-classified for Retail Commercial use, and are hereby zoned as C-3 (Retail Commercial) for use in accor- dance with the C-3 commercial classification of the Zoning Code of the City of Tigard, and subject to all conditions, limitations and requirements thereof, which Zoning Code with respect to the C-3 classification is by reference herein made a part hereof: Beginninn~~a,, at the Southwesterly corner of Lot 36, North Tigardville Addition, said corner being the most westerly corner of said Lot 36; thence northeasterly along the westerly.line of said Lot 74 feet; thence southeasterly parallel to and 74 feet Northerly from the southwesterly line of said Lot to the southeasterly line of said Lot 36; thence southwesterly alon; the southeasterly line of said Lot 36 to the southeasterly corner thereof; thence north- westerly along the southwesterly line of said Lot 36 to the southwesterly corner thereof. EXCEPTING therefrom that portion conveyed to the State of +c. Oregon, by and through its State Highway commission, by • deed recorded in Book 324, Page 551, Deed Records. p,. { - - Page 1 Ordinance No. 65 . jk.A~t S:i.•,Sr'Wtir~wi":t. ~:iisi~:;:.:''c..<.{5.. ' i '.ii~;.:;~...:., ' j7C~,, • f ,J. Section-2: This ordinance shall be effective on the 31st day x, after its enactment by the City Council of Tigard, Oregon. PASSED: By unanimous vote of all Council members present, after being read throe tin" by title only. this 12th day of July, 1965. ~ ' G~~lr"tdS y' cor er - tq o ar APPRDVSD: By the Mayor, this 12th day of July, 1965. ayor - g t~ y' ,J d .or Pte: S~rya;4;al~.~:. ~ N :Qfi.'+fn^61'.vC+!SF • twrx~v;' ~rc++rrC.+' ti k X "Z Wk^" , '7 V b Y?. . 0, L !TY O' F ON f4: ~f..h J -f NC 0 i- ORD 0..Y' . ' I N A W.E 1 N L-o$ j1.r'"vf~G' fir,: - ,(•1: %I,- VVIVI ~•11 y 'K. Table of Contents Section CHAPTER 100 - GENERAL PROVISIONS Short Title 100-1 Purposes 100-2 Compliance with Ordinance Provisions 100-3 Classification of Zones 100-4 Zoning Map 100-5 Zone Boundaries 100-6 Zoning of Annexed Areas 100-7 CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES R-7, R-15 and R-30 Uses Permitted Outright. 110-1 Conditional Uses Permitted 110-2 Lot Size in an R-7 110-3 Lot Size in an R-15 110-4 Lot Size in an R-30 110-5 Setback Requirements in R-7, R-15 110-6 Setback Requirements in R-30 110-7 Height of Buildings' 110-8 Additional Requirp-.dnts 110-9 CHAPTER 120 - MULTI-FAMILY RESIDENTIAL ZONE/A-2) Permitted Outright 120-1 Conditional Uses Permitted 120-2 Lot Size ,S 120-3 Setback Requirements G 120-4 Height of Buildings 120-5 Additional Requirements 120-6 CHAPTER 140 - GENERAL COMMERCIAL ZONE/10-3: Uses Permitted Outright 140-1 Conditional Uses Permitted 140-2 Lot Size 140-3 Setback Requirements 140-4 Height of Buildings 140-5 Additional Requirements ;.40-6 CHAPTER 150 - NEIGHBCRH00D COMMERCIAL ZONE C-4 Uses Permitted Outright 150-1 r•.. Conditional Uses Permitted 150-2 Lot Size 150-3 Setback Requirements 150-4 Freight of Buildings 150-5 Additional Requirements 150-6 Table of Contents - contd. Section CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2 Uses Permitted Outright 160-1 Conditional Uses Permitted 160-2 Lot Size 160-3 Setback Requirements 160-4 Height of Buildings 160-5 Additional Requirements 160-6 CHAPTER 170 - LIGHT INDUSTRIAL ZONE-M-3 Uses Permitted Outright 170-1 Conditional Uses .170-2 Lot Size 170-3 Setback Requirements 170-4 Height of Buildings 170-5 Additional Requirements 170-6 CHAPTER 180 - INDUSTRIAL PARR ZONE M-4 Uses Permitted Outright 180-1 » Conditional Uses 180-2 Lot Size 180-3 Setback Requirements 180-4 Height of Buildings 180-5 Enclosure or Screening Required 180-6 Landscaping 180-7 Administration 180-8 CHAPTER 190 - OFF-STREET PARKING AND LOADING' General Provisions 190-1 Off-Street Parking 190-2 Standards of Measurement 190-3 Minimum Off-Street Parking Spaces Required 190-4 Oaf-Street Loading 190-5 Design..Standards for Off-Street Parking and Loading 190-6 CHAPTER 200 - ACCESS AND EGRESS General Provisions 200-1 Minimum Access Requirements for Residential Uses 200-2 n Minimum Access Requirements for Commercial and qIndustrial Uses 200-3 Width and Location of Curb Cuts 200-4 CHAPTER 210 - SUPPLEMENTARY PROVISIONS Authorization of Similar Uses 210-1 Provisions Regarding Accessory Uses 210-2 Projections From Buildings .210-3 Continuance of Minimum Ordinance Requirements 210-4 Prohibitions of Public Nuisances 210-5' 1 ~ e Table of Contents - contd. Section Enclosure or Screening Required 210-6 General Exception to Lot Size Requirement 210-7 General Exceptions to Yard Requirements 210-8 General Exceptions to Building Height Limitations .210-9 Fire Zones 210-10 CHAPTER 220 - NONCONFORMING USES AND STRUCTURES Continuance of Nonconforming Uses and Structures 220-1 Authorization to Crant or Deny Reinstatement of a 'Discontinued Nonconforming Use 220-2 Authorization to Grant or Deny Enlargement of a Nonconforming Use or Structure 220-3 Completion of Building 220-4 Unoccupied Building 220-5 Application for Reinstatement or Enlargement of a Nonconforming Use 220-6 CHAPTER 230 - CONDITIONAL USES Authorization to Grant or Deny Conditional Uses 230-1 Application for a Conditional Use 230-.2 CHAPTER 240 - VARIANCES Authorization to Grant or Deny Variances 240-1 Conditions for Granting a Variance 240-2 Application for a Variance 290-3 CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES CONDITIONAL USES AND REINSTAT NT OR EN RGE- MENT OF NONCONFORMING USES Public Hearing Required 250-1 Recess of Hearing by Planning Commission 250-2 Action of the Planning Commission 250-3 Appeal from Decision of Planning Commission 250-4 CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE Authorization to Initiate Amendments 260-1 Application and Fee 260-2 Planning Commission Hearing on an Amendment 260-3 Recess of Hearing 260-4 Modification of a Proposed Amendment 260-5 City Council Hearing on an Amendment 260-6 Approval of Amendment to Zoning Map 260-7 Notification of Action 260-8 Record of Amendments 260-9 ;.r<.;CPTER..270 ADMINISTRATION, ENFORCEMSNT AND 'INTERPRETA'TION Section •~~~.`rrArtr~~rl ~ I~~~I~r•q~iggr~qi~~~~ nforcement 270-1 ~'hppeal to the City Council 270-2 :Forms of Petitions, Applications and Appeals 270-3 porary Permits 270-4 i~st®rpretation 270-5 S0. rability 270-6 a}'Penblty 270-7 F' W~GHApT$R 2$0 - DEFINITIONS ~tw ' rs'r3 : iA ar. s •.hy' i ~Y't 6.f1', . %i? ~:y ,,~w` •i.y ~;;.r. ' ` r .,1' r ~32'r" ,'tt"•~a~LMI$~~S~~.Y :'~Ce°j^.Fa•N. ?a•M), :8rv`'' -Stfi4:,P n..,:,.,...ae~~+'~+?i~.~c~,S:'F~`37u~~~:.wzk'.:?k:P'~`.~':rLu~i1{ N CITY OF TIGARD, OREGON ORDINANCE N0,67- 21 AN ORDINANCE ADOPTING THE REPORT OF THE CITY PLANNING COM- MISSION WITH RESPECT TO PLANNING AND ZONING WITHIN THE CITY OF TIGARD; DECLARING THE TITLE AND PURPOSE, AND ENACTING REGULATIONS AND RESTRICTIONS WITH RESPECT TO THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS; THE PART AND PERCENTAGE OF ANY LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE LOCATION AND USE OF BUILDINGS AND PREMISES FOR TRADE, INDUSTRIAL, RESIDENTIAL AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES AND MODIFICATIONS IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF EACH DISTRICT; REGULATING NON-CONFORMING USES; DEFINING CERTAIN TERMS USED IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE VIOLATION'THEREOF; REPEALING ORDINANCE No.63-6 ENACTED BY THE CITY COUNCIL ON MAY 13,.1963 AND SECTIONS 5 and 6 OF ORDINANCE N0.63-8 ENACTED BY THE COUNCIL ON JUNE 24, 10163. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I - PREAMBLE Section 1: The City Council finds that pursuant to nrdir_anoe: #67-18 adopted by the Council on February 27, 1967, the final report of the City Planning Commission in the form of a zoning ordinance was duly filed with the City Recorder along with recommend- ations of the Commission for the adoption thereof, and that a public hearing was by said ordinance called to be held by the City.Council on Monday, March 13, 1967 at the hour of 8:00 p.m. in the Council ? chambers of the City. Hall, Tigard, Oregon, for the purpose of afford- ing all persons particularly interested and the general public an opportunity to be heard with respect to said report of the City Plan- ningCommission; and the Council further.finds.that due and regular notice of the hearing to be held by the Council on March 13, 1967 was given by the City Recorder by publication in the Tigard Times, a newspaper of general circulation within the City of Tigard, in the issues of March 2 and March 9, 1967, and by posting notice of said hearing in not less than three public and conspicuous places in the City of Tigard for a like period prior to March 13, 1967. Section 2: The Council finds that pursuant to Ordinance #'67-18 duly passed by the Council on.February 27, 1967, the public hearing thereby called to be held, was duly.and regularly held on March 13, 1967 at 8:00 p.m. in the Council chambers of the City Hall, Tigard, Oregon, at which time and place all persons particularly interested and the general public were afforded an opportunity to be heard, and were heard, with respect to the report of the City Plan- ning Commission, and that said hearing was duly conducted and closed. Aection 3: The City Council finds that said report and ordinance proposed for adoption by the City Planning Commission and the zoning districts thereby defined are in the public interest ` and are reasonable, proper and necessary for the health, comfort, convenience, preservation of the public peace, safety, morals, order and the public welfare, and are appropriately designed to promote the public health, safety and general welfare giving reasonable con- sideration, among other things, to the character of each district, its peculiar suitability for particular uses, the conservation of property. values and the direction of building development in accord- ance with a well-considered plan, and are uniform for each class of . j . buildings throughout each district, secure safety from fire and other danger and make provision for adequate. light, air and reason- able access, and in all manner of things conform to the require- ments• of law. CHAPTER 110 - GENERAL PROVISIONS SECTION 100-.1 - SHORT TITLE This ordinance shall be known as the "CITY OF TIGARD ZONING ORDINANCE OF 1957", and may be cited as such. SECTION 100-2 - PURPOSES The .several purposes. of this ordinance.are: to encourage the most appropriate. use of land; to. conserve and stabilize the value of property.; to. aid in the rendering of fire and police protection; to provide adequate open space .for light and air; to lessen the corgi gestion on streets.; to. give an orderly growth to. the city.; to prevent undue :.concentrations of population; to facilitate adequate provisions for community utilities and facilities 'such as water, sewage,. elec- trical-distribution distribution systems, transportation, schools, park and other public requirements; and in general to. promote public health, safety., convehience and general welfare.. SECTION 100.-3 - COMPLIANCE WITH ORDINANCE PROVISIONS K No structure or premises shall hereafter. be. used or occupied and no structure or part. thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this ordinance. SECTION 100.-4 - CLASSIFICATION OF ZONES v All area within the corporate limits of the City. of Tigard is hereby divided into. zone districts, and the use of each tract and ownership of land within the corporate limits shall be limited to. those uses. permitted by. the zoning classification applicable to. su::h tract as hereinafter. designate.d.. The zoning districts. within the City of Tigard are hereby. classified and designated as follows: r Zone Abbreviated Designation Single Family Residential R-7 ..fi' n ~r n 1-15 Multi-Family Residential A-2 f'. General Commercial <<' Neighborhood Commercial C-4. General Industrial M-2 Light Industrial M-3 M Industrial Park -4 i. li Gen. Provisions - 100 SECTION 100-5 - ZONING MAP a. The boundaries of each of the foregoing districts and the zoning classification and use of each tract in each of said-zoning dis- tricts is hereby prescribed to coincide with the identifying.zone classifications shown on the map entitled "Zoning Map;of the City of Tigard'' dated with the effective date of this ordinance.and I signed by the Mayor and City Recorder and hereafter.referred to.as the "zoning map" and said map by this reference is made a part of this ordinance. b. Each lot, tract, parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map, is hereby classified, zoned and limited to the uses as hereinafter.specified and defined for the applicable zone classification as listed in Section 100-5. c. The signed copy of the zoning map shall be maintained without change on file in the office of the City Recorder. All.subsequent changes as from time to time they may be authorized, and the date of the latest change, ordinance number authorizing each..change, and the current zoning classification with respect to each tract shall be promptly entered on supplementary maps to be maintained , currently by the City Recorder. SECTION 100-6 - ZONE BOUNDARIES Unless otherwise specified, zone boundaries are lot lines, the center g. line of streets, and railroad right-of-way, or such lines. extended. Where a zone boundary divides a lot between two zones, the entire lot may be placed in the zone that accounts for the greater area. of the lot by the adjustment of the boundaries, provided the boundary adjust- ment is a distance of less.than 20 feet. SECTION 100-7 - ZONING OF ANNEXED AREAS Zoning regulations applicable to an area prior to annexation.to.the ' city shall continue to apply and shall be enforced by the...city..until a zoning plan for the area has.been adopted by the city.council. The council may, in an ordinance annexing property to.the city,.place.the property or any part thereof, in a zoning classification,,upon recommendation from the planning commission, provided the resolutions, ordinances and notices required to be given in the annexation..pro- ceedings contain a declaration of the city's intention to.place the annexed property or any part thereof in the zoning classification. 2 . 's?' R-7,15,30 CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES R-7, R-15 and R-30 SECTION 110-1 USES PERMITTED OUTRIGHT In an R-7, R-15 or R-30 zone the following uses and their accessory uses are permitted.outright. a. Single Family Dwellings. b. Agricultural use of land, such as truck gardening, horticulture, but excluding commercial buildings or structures and excluding the raising of animals other than normal household pets. SECTION 110-2 - CONDITIONAL USES PERMITTED In an R-7, R-15 or R-30 zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Duplex Residential, with a minimum lot size of 8,000 sq. ft. b," Planned Residential Development with a minimum lot size of 20.,.000 sq. ft. or 3,000 sq. ft. per dwelling unit whichever is greater and subject to the following additional requirements: 1. Planned Residential Development shall be comprised of such combinations of types of dwellings and other structures and uses as shall be authorized by the Planning Commission, but the.Comu--nission shall authorize only those types of dwellings and other structures and uses as will: Conform to the offi- cial development plan of the City of Tigard; be capable of a cohesive design consistent with the protection of public is health, safety and welfare in general; afford reasonable pro- tection to the permissable uses of immediate adjacent proper- ties surrounding the site; be suited to the capacity of exis- ting and proposed community utilities and facilities. ` 2.. Applications for a conditional use permit for a Planned Resi- dential Development shall be accompanied with an overall-de- velopment plan showing: Kind, location, bulk and capacity of structures and uses; location and identification.of.open spaces, streets and all other means for pedestrian and vehicular cir- culation, parks, recreational areas and other non-building M: sites; provisions for automobile parking and loading; land- scaping and forestry features; general nature and.location of public and private utilities and other communicative facili- ties and services (including maintainance facilities). ,Iy 3. The Planning Commission may attach conditions to.the approval ,.r.. of a Planned Residential Development which it feels.are neces- sary to protect the public interest and carry out the purpose of this ordinance. Said conditions shall be.clearly noted on x~.. the site plan of the proposed development and/or in-the min- utes of the Planning Commission. Said site plan and/or a ra R-7,15,30 minutes shall remain on permanent file in the City Building..Department to insure conformity with all conditions imposed by the Planning Commission. c. Grocery store not exceeding 1,000 square feet in floor area. d. Boat Moorage. e. Cemetaries. f. Churches and accessory uses. g. Colleges. h. Community buildings.(public). i. Governmental structure or land use including public park, playground, recreation building, fire station, library or museum. j. Greenhouse. k. Home occupations. 1. Hospital, sanitarium, rest home, home for the aged, nursing home or .4 convalescent homA. m. Railroad right-of-way. n. School: Nursery, primary, elementary, junior high.or.senior.high, college or university, private, parochial or public. o. Two-family dwellings with minimum lot size as required in the A-2 zone. p. Utility substation or pumping station with no equipment storage, and lines which are essential to the functioning and servicing of residential neighborhoods. q. Any business, service, processing, storage or display essential. or incidental to any permitted use in this zone.and not conducted entirely within an enclosed building. g~ r. Golf course, cointry club, private club. SECTION.110-3 - LOT SIZE IN AN R-7 ZONE In an R-7 zone the lot size shall be as follows: a. The minimum lot area shall be 7,000 square feet. b. The minimum average lot width shall be 70 feet. c. The maximum lot coverage shall be 35%. SECTION 110-4 - LOT SIZE IN AN R-15 ZONE s In an R-15 zone the lot size shall be as follows: a. The minimum lot area shall be 15,000 square feet. b. The minimum average lot width shall be 100 feet. c. The maximum lot coverage shall be 35%. SECTION 110-5 - LOT SIZE IN AN R-30 ZONE a In an R-30 zone the lot size.shall be as follows: ° a. The minimum lot area shall be 30,000 square feet. `.1 b. The minimum average lot width shall be 150 feet. c. The maximum lot coverage shall be 35%. 1 R-7,15,30 SECTION 110-6 - SETBACK REQUIREMENTS IN R-7, R-15 ZONES Except as may otherwise be provided in Section 210-8 the.setbacks in ' an R-7 or R-15 zone shall be as follows: a,. The front yard.setback shall be a minimum of 20 feet. b. The side yard setback shall be .a minimum of 5 feet for a.one story building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a 2 1/2 story building.. c. On corner lots the setback shall be 20 feet on.each side facing a street other than an alley. d. The rear yard setback shall be a minimum of 15 feet. SECTION 110-7 - SETBACK REQUIREMENTS IN R-30 ZONE Except as provided in Section 210-8 the setbacks in an R-30 zone shall be as follows: a,. The front yard setback shall be a minimum of 30 feet. b. The side-yard setback shall be a minimum of 5 feet for.a.one story building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a 2 1/2 story building. C. On corner lots the setback-shall be 20 feet on each side facing a street other than an alley. d. The rear yard setback shall be a minimum of 25 feet. X:. SECTION 110-8 - HEIGHT OF BUILDINGS r. Except as provided in Section 210-9, no building in an R-7, R-15 or R-30 zone shall exceed a height of 2 1/2 stories or 35 feet which- ever is less. L` SECTION 110-9 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: i a. Off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 c. Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and structures - see Chapter 300 e. Fire zones - see Section 210-10 f. Nuisances prohibited - see Section 210-5 5 ~G'Eii:uv. ...v.'. w,...y,,,,y..dw... w•1. ....h...IM2Y.. rV:i..r'jt:- A-2 • S CHAPTER 120 - MULTI-FAMILY.RESIDENTIAL ZONE A-2 SECTION 120-1 - USES PEP14ITTED OUTRIGHT No building structures or land shall be used and no building.or struc- ture shall be hereafter erected, enlarged or altered in this zone except for the-following uses: a. A use permitted outright in an R-7, R-15 or R-30 zone. b. Two family dwelling. c. Apartment dwellings. d. Boarding house, lodging or.rooming house. SECTION 120-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses are.permitted as conditional uses when authorized and in accordance with Chapter 250. a. A conditional use as permitted in an R-7, R-15 or R-30 zone. b. Auditorium, exhibition or public assembly room. c. Golf course, country club, private clubs. d. Lodges and fraternal organizations. e. Medical, dental or other professional office or clinic. f. Mobile home park (must be 5 acres or more and must front on a major arterial for a distance cf no less than 100 feet with screening as presently provided in Section 210-5). g. Railroad right-of-way. h. Any business, service; processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 120-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 7,000 square feet. When used.for multi-family residential purposes the minimum lot area shall be according to the following table: Number of Units Square.Feet Per Unit Pius Square Feet 1 7,000 2 4,000 3 to 20 2,000 + 4,000 21 to 37 1.750 + 9,250 38 to 63 1,500 + 18,500 64 and u 1,000 + 50,000 I b. The minimum average lot width shall be 61 feet except on a cul- de-sac where minimum width shall be 60 feet at the building line. a< ~r.: 6 a,f ?•A... r,+.,, 'k;-s~~1,~i ;'.p;w»y~'a r~:j.:. >:q.';;7'~~`:?.:,'iY`~•?.: ~,`;~i;~ia:-~`":. -:1':t•.. - :i; !Arl ,NS's >N'' i1•YrPS` y..tU.`L~•. 4 t ^i A-2 Y c:. Buildings shall not occupy more than the following percentage of the lot area: Number of Dwelling Units Percent.of Lot Coverage. art 1 35% 2 and 3 40% 4 -to 20 45% 23 to 3.7 50% 38 and up 55% SECTION 120-4 - SETBACK REQUIREMENTS Except as nay otherwise be provided in Section 210-8, the setbacks for uses, in this zone sha 11 be as follows: i a. The front yard setback shall be a minimum of 20 feet for a'one sto.rv building, and.would increase as the building height increases: Two stories - 30 feet.; two-and-one-half stories and over - .35i,:;feet. b. The side lard shall be a minimum of 5 feet for one-story,. 7 feet for 1 1/2 stori.es, 10 feet for 2 stories and 12 feet for 2 1/2 st.cri.es. t c. On coriner lots the setback shall be 20 feet on any side facing a street, other than an alley, i The rear- yard shall be the same as side yards. e... Where apartment houses are grouped as one project on one tract of 3 ~ land, the trinimum distance between two buildings at any given point shall not be less than the sum of the required side yards computed separate.),, for each building at that point. SECTION 120-5 - HEIGHT OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this f. ..zone shall exceed a height of .2 1/2 stories of 35 feel whichever is , . S,ECTION 120-6 - ADDITIONAL REQUIREMENTS :'4. ~'1~ {.-4:3.4{ ~ A . r?t!;• "Bust 4 dd tional requirements applicable tc :.his zone include but are not ~'t$ mited to the following: k i ~ :-x s , e Off-street parking and loading - see Chapter 190 q' ' Access and egress - see Chapter 200 Apartment dwellings - Provided that any common boundary between. an A-2 zone and any other residential zohe be screened -by :a f. a',„~: , , abe with a height of 'not less than five 5' feet slid :not.:neo, e tiY eia seven (I') feet, the erection of which shall be -the rew ns = biliiy of the property ownership in the A-2 zone.)(Also Section ' -164 ~igas, advertising signs and structures see Chapter 300 t ` e_h"LPrF ;o.,`%bnes see Section 210-10 - i+fAAhIc'es'~9proli -bit see Section •210.-5 ' , ~.~:;ej is :''k;q`''t.: ^:1's: .'t:Yri.. ' • r t4.at 4, . ,,,,5.. „d.~''~:-:fit _ f''ti a!r' 0ri final ~ -,~.i`:a'° r ' # • ~,i4 ,},4 NAV` Poor 1..•,,. ~:9_ oa~•'~s4~ :.Y$Sayex..vy.::,. r +w wr....:.~16:?Ci:.a.,.:G~........, sw"~w' ~~erw.itunw:nt...... .,...wv, , ...•:.s• , ' ft C-3 'i ` CHAPTER 140 - GENERAL COMMERCIAL ZONE C-3 ' SECTION 140-1 - USES PERMITTED OUTRIGHT i No building structures or land shall be used and no building or-struc- ture shall hreaft.er be erected, enlarged or altered in this zone except j for the followiag uses: a. Any use permitted in a C-4 Zone. b, Appliance sore (incidental repairs only). c. Bank, loan company., or other financial institution . d. Blueprinting, photostating or other reproduction process. e. Business machines, retail sales and service. f. Commercial schools such as business colleges, music conservatories and trade schools. g. Department or furniture store. h. Film exchange. i. Frozen food locker (family use only). j. Hotels. k. Instruments, scientific or professional (repair shop).. 1. Jewelry store. M. Medicate-dental clinic. n. Motel • o. Motion picture theater (not drive-in). • p, Newsstand. q. Professional or commercial office building. r. Real estate office. s. Record shop. t, Restaurant (except drive-in). U. Spurting goods sore. v, variety store. SECTION 140-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a< Any conditional use as permitted in a C-4 zone. b. Amusement enterprise, including billiard or poolhall, bowling alley, boxing arena, dance hall . c. Auditorium, exhibition hall or other public assembly. d. Automobile.and trailer sales area. e. Automobile s, accesso s. f. Automobile repairs, painting and upholstery. g. Catering establishment. h. Churches and accessory uses. i. Cleaning establishment. J. Colleges. k: Community buildings (public). 1. Drive-in business (except drive-in theaters) offering goods and services directly to customers waiting.in parked motor vehicles. m'. Drive-in theater. h. Feed store. .r' Vii,., •3?~', •k ,i..' ..,L •„4ei'+t: :^`'r~a,4v. w~y'` ',v°F`~, s e^!. v_••."x.. d ,id. "f+.. air a.:. 7 m-Lr • '•f. ~:a• s.,,a •:~`a,:. 's.Q::;•:isAee A 5. ~QA, " 4AZW S~+i a e y :der. ~y~.~? r w:_,. t Q. i •~~'R4FMa'✓ra. 1~. ar, • ,.4. o . al p:, .r i' .i ~ frt R. a,.. a.a.'~Gd...y... 'w... .r..a. ..,sa C-3 t. A o. Governmental structures or land uses not including schools. p. Hcspitals, convalescent, general, home for the aged. q. Hotel (residential) r. Libraries. S. Lodges, fraternal organizations. t.. Lumber yard. u. Motel (with kitchens). v. Museums. w> Parks and playgrounds (public). X. Pet shop. y. Plumbing, electrical or general contractor and shop. z. Printing shop and newspaper publishing. aa.. Private club. bb. Radio or T.V. service cc. Second hand store. dd. Tavern or cocktail lounge. ee. Tire shop and retreading. ff. ~JetEer %narians office or animal hospital. gg. Anybusiness, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted en- tirely within an enclosed building. _ SECTION 140-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 6,000 square feet.. b. The minimum lot width shall be 60 feet. c, No maximum lot coverage shall be required. SECTION 140-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shall be as follows: a a. No front yard setback shall be required in this zone. b. No side yard setback shall be required, except when-abutting a ' residential zone, a side yard of .5 feet shall be required. C. No rear yard setbact shall be required except when abutt nq a residential zone, a rear yard setback of'25 feet shall be required. SECTION 140-5 - HEIGHT OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this-zone. ~r°' shall exceed a height of 3 stories or 35 feet whichever is less. rt t ..,d 9 M t ~'Yry Y,~ 1:.... ..'~.lf..:_ ..n _F: tr. .a. a n,. '4 :1: ...';.l T;ie+~v'y~ts~:,'dt':~ a 4t .C-4 CHAPTE:, 150 - NEIGHBORHOOD COMMERCIAL C-4. SECTION 150-1 - USES PERMITTED OUTRIGHT No building structures or land shall be used and no. building or struc- ture shall be hereafter erected, enlarged or altered in this zone except for the following uses: a. Bakery, provided'any manufacture of goods is limited to goods retailed on the premises only. b. Barber shop. c. Beauty parlor. d. Collection station for dry cleaning or laundry. e> Delicatessen store. f. Doctor or dentist. g. Drug store or pharmacy including incidental fountain service but not including any other use unless specifically permitted under this section. h. Florist or flower shop. i. Gift shop. j. Grocery store. k. Laundromat. 1. Meat market. M. Shoe repair. n. Stationery and book store.. o. Tailor shop, dress shop, clothing store. Other 'similar service or retail use, if approved.by the Planning Commission and subject to.the same conditions. SECTION 150-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Conditional use as permitted in an A-2 zone. b. Garden supply store. c. Home occupations. . d. Multi-family dwelling subject to the regulations of an A-2 zone. e. Public utility. f. Restaurants. g.. Service stations, (Incidental repairs only) h. Any business, service, processing, storage or display essential or. incidental to any permitted use in this zone and not conducted en- V tirely within an enclosed building. SECTION 150-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 6,000 square feet. b. The minimum lot width shall be 60 feet. c. The maximum lot coverage shall be 6.0%. 10 t~ rFt : < 3F,: ~ •uvi+4fau.~+ s'iacr;~.:x,...:c..w:.,.,.,_:+n.. ••a?F',., ~x: ._.w,s ..:i4,. ~.u;:;ie .;sue:. .s.-•k.,,:.a•~:a:.. . A 1 C-4 SECTION 150-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shlll be as follows: a. The front yard setback shall be 20 feet. b.' No side yard setback shall be required, except when abutting a resi- dential zone, a side yard setback of 5 feet shall be required. c. No rear yard setback shall be required except when abutting a resi- dential zone, a rear yard setback of 25 feet shall be required. SECTION 150-5 - HEIGHT OF BUILDINGS. Except as otherwise provided in Section 210-9,.no building.in this zone shall exceed a height of 3 stories of 35 feet whichever is less. SECTION 150-6 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. Off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 • c. Enclosure and screening required - see Section.210-6 d. Signs, advertising signs and structures.- see Chapter 300 e. Fire zones - see Section 210-10 f. Nuisances prohibited - see Section 210-5 i^ a, ,f wiv'r ~r - .sx' m`~;i_:;~~.,~, c~;:,,.....,.,~a2:`:,~:t:`>t4:r<.~c-:~>:5..4:F;sd;~r:+~rRi~rzi.#'~i~ltl M-2 CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2 SECTION 160-1 - USES PERMITTED OUTRIGHT i No building structures or land shall be used and no building or struc- ture shall hereafter be erected, enlarged or altered in this zone except for the following uses: a. Any use allowed in an M-3 and M-4 light industrial zone. b. Automobile rebuilding, reconditioning, assembling, painting, upholstering, or truck repair or overhauling. c. Assembly plants. d. Batteries; the manufacture and rebuilding of. e. Bottling plant. f. zox factory. g. Coffee roasting. h. Coffin; manufacture.of. i. Cold storage plant. j. Feed and fuel storage. k. Flour milling, grain-storage or elevator. 1. Fruit packing and processing. m. Furniture; manufacture of. n. Heating equipment; manufacture of. o. Machine shop. p. Paper products; manufacture of but not including the manufacture of paper itself. q.. Paint; mixing and manufacture of. r. Pickle, sauerkraut or vinegar manufacture. s. Stone, marble and granite grinding, dressing and cutting. t.., Tool and hardware manufacture.. u. Trailer, manufacture of. v. Wallboard, manufacture of. w. Weaving of cotton, wool, flax and other fibrous materials. x. Wood yard. SECTION 160-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Conditional use as permitted in an M-3 zone. b. Brewery. c. Can manufacture. r. d. Cannery. . e. Drive-in theaters. f. Foundary. g. Gravel mining or rock crushing. h. Junk, rags, paper or metal storage, collection or baling. i. Radio and T.V. transmitters. Slaughter house. k. Soap and cleaning compounds manufacture. 12 l7 +.iTd f?$W 4.k q~.•..: `Y~M1~: "`'i'3•- .i2:}:+ ? k! y~j. F,tt,y . : , . Jy~h}:"s: .•5~, 'ki''' r.• '`~~'.w~4tt~tl,aierti'M~'t:n. ~A.'e..a.•...... . a`>>..i.(L:4w:a:L.~ .i:.. ..lLti~:C~~ o. M-2 1. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 160-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lotarea shall be 6,000 square feet. b. The minimum lot width shall be 60 feet. C. No maximum lot coverage shall be-required. SECTION 160-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shall be as follows: a. The front yard setback shall be 30 feet. b. The side yard setback shall be 20 feet, except when abutting.or across the street from a residential zone, a sideyard of 40. .feet shall be required. c. The rear yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a rear yard setback of 40 feet shall be required.. SECTION 160-5 - HEIGhr OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories or 35 feet whichever is less. SECTION 160-6 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. Off-street parking and loading - see Chapter 190 F: b. Access and egress - see Chapter 200 j c. Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and structures - see Chapter 300 e. Fire zones - see Section 210-10 t ' f. Nuisances prohibited - see Section 210-5 JJ~iY... w n~ fiR•~ 13 A ~Y J•?TJ'A~i1.lAJY t.. ~,y} ,q;y y,.,j a;.,i'yR ~:y~,g. :;ttw;:. `K~,1"'$. fi' :..i ''`r;;;'r ' ??r::S,':'i': 1' t'9i`'~°v~ h p:~:n, yl:'. Ax; I'{.r k.1N 1. •:X "i: j 4r:-Yn .t. ! .f.Sr ;~':t+. .,:~f, •,i. .n.,. ~:5:5;.`R~.: i%Y''i'r CC '~'~'Il ",yrr1; i'nci..=.~tii!'' if:• .S.?u', . ll Y,' ~~oY. Au:lhw p S:.. n.y,.'m>;, : h . y~.:.'t...i '.1;... •;1";i a S•+' .01 yyW fi M-3 4i 1 CHAPTER 170 - LIGHT INDUSTRIAL ZONE M-3 SECTION 170-1 - USES PERMITTED OUTRIGHT No building, structures or land shall be used, and no building or structure shall hereafter be erected, enlarged or altered in this zone, except for the following uses: F e' a. Assembly of electrical appliances, electronic instruments and devises, radios, phonographs, television, including the manufac- ture of small parts only. b. Assembly (only) of metal products. c. Automobile repairs, painting, and upholstering. d. Boat building. e. Book bindery. f. Creamery. g. Dairy products; manufacture of (other than creamery). h. Feed and seed processing. i. Gloves, manufacture of. j. Laboratories: Experimental, dental, medical, photo, or motion picture, research or testing. k. Laundry or dry cleaning plant. w' 1. Lumber yard. m. Manufacture, compounding, processing, packaging or treatment of , such products as bakery goods, candy, cosmetics, dairy products, food and beverage products. ' n. Manufacture and maintenance of electric and neon signs, bill- boards or commercial advertising structures. o. Medicines; manufacture of. p. Musical instruments, toys, novelties, or rubber or metal stamps; manufacture of. q. Optical goods, scientific and precision instruments and equipment; j manufacture of. I r. Planing mill. s. Plastics; molding of, including the manufacture of products there- of, provided all grinding operations are conducted within a building. i t. 'Plumbing, electrical or general contractor and shop. u. Plywood sales. v. Pottery and other similar ceramic products; manufacture of. i w. Public service and utility. x. Sash and door manufacture. y. Shops: Sheet metal, machine and welding. z. Surgical instruments and dressings, artificial limbs, dentures, hearing aids and other devices employed by the medical and den- tal professions; manufacture of. . z' aa. veterinarian or animal hospital. bb. Warehousing. cc. Wholesale distribution or sales business. ` 14 4\ili... nar .~l;Jv: yti+Hi tiS •4y, .:tir..u::ai..r.. a': .f •'~o1~k~Si::{yt"6::j.~4, i t~'• c' Q 5'~.ik.A~raaii.ZSflr~.i:•~Ato.`L'"'~-<,.'J.,~,.er~ _t;..:::whe,r ".~'e.'~tf~ ~',rw cam,, 1 ~ M- 3. SECTION 170-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses.are.permitted as conditional uses when in accordance with Chapter 250. a. Conditional use as permitted in M-4 zone. b. Contractors equipment storage. c. Drive-in theaters. d. Fuel oil distribution (home use only). e. Gravel mining or rock crushing. f. Radio and T.V. transmitters. g. Railroad right of way. h. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 170-3 - LOT SIZE .In this zone the lot site shall be as follows: a. The minimum lot area shall be 6,000 square feet. b. The minimi;m lot width shall be 60 feet. C. No maximum lot coverage.shall be required. SECTION-170-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8 „ the setbacks for non-residential uses in this zone shall be as follows: a. The front yard setback shall be 30 feet. b. The side yard setback shall be 20 feet, except when abutting or across.the street from a residential zone, a sideyard of 40 feet shall be required. c. The rear yard setback shall be 20 feet, except when abutting or across the street from a 'residential zone, a rear yard setback of 40 feet shall be required: SECTION 170-5 - HEIGHT OF BUILDINGS • i• ' Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories or 35 feet whichever is.less. SECTION 170-6 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. Off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 y;. c. Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and. structures - see Chapter 300 e. Fine zones - see Section 2.10-10 h'. t. Nuisances prohibited - see Section 210-5 15 a } M- 4 CHAPTER 180 - INDUSTRIAL PARK ZONE 14-4 SECTION 180--1 -.USES PERMITTED OUTRIGHT - INDUSTRIAL PARK coo building structures or land shall be used and no building or structure shall hereafter be erected, enlarged or altered in this zone except for the following uses: a. Assembly and manufacture of electrical appliances, electronic a instruments and devices, radios, phonographs and television and components thereof. b_ Assembly (only) of metal products. c. Batteries;. manufacture of. d. Dairy products, manufacture of (other than creamery). e. Laboratories: experimental, dental, medical, photo or motion pic- ture research or testing. f. Manufacture of ceramic products, using only previously pulverized clay. g. Manufacture of musical instruments. h. Manufacture of optical goods, scientific and precision instruments and equipment. i. Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings, and other devices employed by the medical and dental professions. j. Manufacture, compounding, processing, packaging or treatment of such products as,bakery goods, ca--:dy, cosmetics, dairy products, toilet soap, toiletries (excluding the refining and rendering of fats and oils) and food and beverage products. k. Medicines and pharmaceuticals, the manufacture of. 1. Office buildings, bank.. in. Plastics; molding of, including the manufacture of plastic products. n. Research, development and testing laboratories. o. Restaurant; when related.to the above uses only. p. Warehousing; when related to the above uses only. q. Dwelling unit for watchman and.his family. SECTION 180-2 - CONDITIONAL USES PERMITTED - INDUSTRIAL PARK In this zone the following uses and.their accessory uses are permitted as conditional uses when in accordance with Chapter 230. a. Automobile service station. b. Fruit packing and processing. c. Furniture; manufacturing of. d. Beating equipment; manufacture of. e. Machine shop, welding shop. f. Paper products; manufacture of but not including the manufacttre of paper itself. g. Railroad trackage and related facilities. h. Public utility (such as water tower, sub-station etc.). i. Tool and hardware manufacture. Trailer, manufacture of. x'gFYii!i:` ..ark:a..l,}Z~!i`'vili:;,,j•t°;jti~.`.+.a.U,1Srs i.'y'f'r:6~r,' r~ • ~,i. ~'r :;rv ,~'}t'.{,a~r;,v,';•~t::'.~a)i;k 4 'te,'~;v.,';: i'• ~~:'e 7t6.~ a'~~i~'+,~~', 1T~~::'..~k'~.w~'~,"~~`~J+t vil~'ti t' ;rW ~x'j~, 4i: '~'i'1~,~ x ~ z~~nr~'.. y'~` kpy„#lj, 1.,.:'Y~k52a ,~s` 't(tP%~', '~i :{ft1 1~1 4 .k s~3ln'a:n:•4-: •b `s,~, Sywi; .i'.:ta:.•.o taff3,;, -j}t' w. .\.r +,.f+A`>~•'~'+,~aV'i~>~tc'4~i441~+a~.~nCY'~~.~` ~?+in^,1nanFrypn,':s.Wr,.u .y,:.,. ........x auaud .,:e,4~Klu ,F''' ~w~k'gn,: Pit M-4 6t k. Warehousing and wholesale distribution. 4r 1. Weaving of cotton, wool, flax and other fibrous materials. m. Any other use held similar to the above uses, as a pproved by the Planning Commission. n. Any business, service, processing, storage or display essential incidental to any permitted use in this zone and not conducted ' entirely within an enclosed building. o. Building or structure in excess of two (2) stories or 25 feet in height whichever is less. SECTION 180-3 - LOT SIZE - INDUSTRIAL PARK In this zone the lot size shall be as follows: a. The minimum lot area shall be 40,000 square feet. b. The minimum lot width shall be 100 feet. SECTION 180-4 - SETBACK REQUIREMENTS - INDUSTRIAL PARK Except as may otherwise be provided in Section 11, the setbacks for non-residential uses in this zone shall be as follows: a. The front yard setback shall.be 40 feet, except when across the street from a residential zone, a front yard setback of 50 feet i - ,a'.. shall be requited.- b. - The side yard setback shall be 20 feet except when abutting or across the street from a residential zone, a side yard setback of k' 50 feet shall be required, C. Thn rear yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a rear yard setback of 50 feet shall be required. d. offstreet parking may be located.within any required yard except that where located within a side or rear yard adjacent to any residential zone, parking shall be screened from said adjacent residential zone. If parking is.to be located within.any required front yard, the first twenty feet within said yard will be retained as landscaped area. SECTION 180-5 - BUILDING HEIGHT - INDUSTRIAL PARK ~T . Buildings in this zone shall not exceed a height of three (3) stories or 35 feet whichever is less except as provided under the conditional use provisions of this ordinance, in which case the maximum permitted heiaht may be increased to 75 feet provided that all yards adjacent to said building shall have a minimum depth of not less than cne- `;,y. ; half the height of said building. SECTION 180-6 - ENCLOSURE OR SCREENING REQUIRED - INDUSTRIAL PARK a. Except as otherwise permitted under the Conditicnal Use Provisions of this zone, all business, service, repair, processing, storage or merchandise display shall-be conducted wholly within an enclosed building. 17 M-4 b. When permitted under the Conditional Use Provisions of this zone all business, service, repair, processing, storage or merchandise display not conducted within 'an enclosed building shall be screened from the view of all adjacent properties by a sight obscuring fence not less than six feet in height and/or by land- scaping of such a height and density as may be prescribed by the Planning Commission. SECTION 180-7 - LANDSCAPING - INDUSTRIAL PARK a. Properties abutting a residential district shall provide and maintain an evergreen landscape buffer, according to the plot plan and approved by the Planning Commission. b. Yards adjacent to streets and those abutting a residential district shall provide lawn and trees and/or shrubs and shall be maintained in a manner providing a park-like character to the property. c. Other yards and unused property shall be planted in grass or other suitable ground cover and properly maintained. SECTION 180-8 - AD14INISTRATION - INDUSTRIAL PARK a. Application for Building Permits in an Industrial Park Zone shall be accompanied by the information needed to satisfy the building code plus the following: 1. A plot plan of the property showing the location of all present and proposed buildings, drives, parking lots,-land- scaping plan, waste disposal fialds and other construction features on the property; and all buildings, streets, alleys, highways, streams and ether topographical features.outside. of the property for one hundred (100) feet from all proper- ty lines. ' 2. A description of-the industrial operations proposed in suf- ficient detail to indicate the effects of those.bperations in producing traffic congestion, noise, toxic or noxious matter, vibrations, odors, heat, glare, air polution, wastes and other objectionable effects. 3. Engineering and architectural plans for the treatment and disposal of sewage and industrial wastes and any on-site disposal of wastes. 4. Engineering and architectural plans for handling of any excess traffic congestion, noise, glare, air pollution, fire hazard or safety hazard. 5. Designation of the fuel proposed to be used and any necessary ,r architectural and engineering plans for controlling smoke or f. particulate matter. "r. 18 y r... •R ,i'^~'.'Y'•.~'S•',~s' " .'t'S, e{?~:f.. ~i 3"n .y.. ,x~ ~~'~'+v. ~dr.~, _ ij~'4+ ,,.kf b# ~:4~+GS~ar •~+t+~*.?.:,n....a4hxis,vN6::,4Ya4EtiR... .,z:,,.~a.;S'' .kw..; u.ur76;a4«asva:,.:av. "c,~. ..ctt:'~'.ur?rti...6::5c::n.Lrt':tiNt."3he'•:a„"~a~..b -1-364.424, A- M-4 § 6. The proposed number of shifts to be worked and the maximum number of employees on each shift. i' b. If found necessary and upon request of kLe City, information suf- ficient to determine the degree of compliance with the-standards of this ordinance shall be furnished by the.industry.. Such request may include a requirement for continuous.records•.of operations likely to violate the standards, for periodic checks f to assure maintenance of standards, or for special...surveys.in the event it appears a violation is in progress. ~T t ~i Y41~ . lyCf ' Y •l.lP' 7+ A~ ..r W a. <y` . 19 4 .'1, G:.., t;~, r•C .i r.yiK+ .:skyik~.~ :,1 . l'~y. ; 1t ~''1 Yin. 4us,2'~ ,si~'<•' ~Gt'-` ire,, . i~ti ka`;.'~ ,;,t.,..~.".?+~ia~+t..-0r. -9.1'~'.~.':u;44~~ .t.i:~.:'-'.,t'':,L"~'.::&.e.d: t`:'ts S'~':~.,1Ni:..•~- • a~l~. Parking - 190 CHAPTER 190 -.OFF-STREET PARKING AND LOADING V SECTION 190-1 - GENERAL PROVISIONS a. The provision and maintenance of off-street parking and loading spaces are continuing obligations of the property owner. No building or other permit shall be issued until.plans are presented " that show property that is and will remain available for exclusive use as off-street parking and.loading space. The subsequent use of property for which the building permit is issued shall be conditional ' upon the unqualified continuance and availability of the amount of y parking and loading space required by this ordinance. Should the owner or occupant of a lot or building change the use to which the lot or building is put, thereby increasing off-street parking or . loading requirements, it shall be unlawful and a violation of this ordinance to begin or maintain such altered use until the required increase in off-street parking or loading is provided. > b. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the building inspector in the form of ~ - - deeds, leases, or contracts to establish the joint use. c. A plan drawn to scale, indicating how the off-street parking and loading requirement is to.be fulfilled, shall accompany the request for a building permit. The plan shall show all those elements necessary to indicate that these requirements are being fulfilled and shall include but not be limited to: 1. Delineation of individual parking spaces. 2. Circulation area necessary to serve spaces. 3. Access to streets, alleys and properties to be served. 4. Curb cuts. 5. Dimensions, continuity and substance of screening. 6. Grading, drainage, surfacing and subgrading details. Delineations of all structures or other obstacles to parking and circulations on the site. 8. Specifications as to signs and bumper guards. SECTION 190-2 - OFF-STREET PARKING a. At the time of erection of a new structure or at the time of enlarge- ment or change in use of an existing structure within any zone in city off-street parking spaces shall be as provided in this section. In case of enlargement of a building or use of land existing on the effective.date of this ordinance, the number of parking and loading 3:'. 20 .r`5:'y. yr`~a Cc' w" 'h.~in ~ii • g ;v~,pa (.~..;~f..t,'t~,7~":,.•.,, ~ ...(Y;;..:;..,~r :';~%`s~j:;, sa:r ,t, h~a;: ~ .`'n ~:.k 7.( r ! z ~ + 1t 4-ti•;: r.'; ,S:`[t '✓su~,~"~,::fi,+:r4'fb~rr9. .a.: :'e ..9ka+Yr9:.... n.,kwa:n.. w.. 'ls,'''tr. r'..~."#a;;'a+»?k~i~'YFy ,~4. _*1 •",r' ;3•. t+ r ) PARKING - 190 i spaces required shall be based only on floor area or capacity of such enlargement. If.parking space has been provided in connection with an existing use or'is added to an existing use, the parking space shall not be eliminated if elimination would result in less space than is specified in the standards of this section when applied to ' the entire use. b. In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements.of the several uses computed separately. i { c. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business E or use;- and shall not be rented, leased or assignee to any other person or organization. Such restriction shall not be deemed to prevent the parking of not to exceed, one unoccupied house or camping trailer, and/or not to exceed one pleasure boat, provided however, that required automobile parking space 'is not thereby infringed upon. d.. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. other required parking spaces shall ' be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building. e. Required parking spaces shall be improved and available for use at the time of the final building inspection. 0. SECTION 190-3 - STANDARDS OF MEASUREMENT a. Except as otherwise defined in this code, "one space" means a minimum area available for parking 9 feet wide and 20 feet long. No ' area shall be considered as a parking space unless the plans sub- mitted shall show that the area is accessible and usable for that purpose. r; b. "Square feet" means square feet of gross floor area under roof measured from extension.limit or face of a building or structure, k; L:. excluding only space devoted to covered off-street parking or loading. c. "Employees" means all persons (including proprietor, executives, v professional people, production, sales and distribution employees) F" working on the promises during the largest shift. d. Parking spaces in public streets or alleys shall not be eligible as fulfilling any part of the parking requirements. 21 % i' Parking - 190 i y P. SECTION 190-4 - MINIMUM OFF-STREET PARKING SPACES REQUIRED yY 1 Off-street parking shall be provided according to the following standards and regardless of the zone in which the use is located. USE STANDARD 4 a. Residential uses: 1. Single Family residences - One space for each dwelling unit. of off 29 2. Two family dwellings - 3. Apartment dwelling - Three spaces for each two dwelling units t 4. Residential hotel, room- - One space for each guest accomo- ing or boarding house dation. 5. 'Fraternity or Sorority - One space for each two occupants F houses 6. Hotel - One space for each one guest room plus one space for each two employees. 7. Motel or tourist court - One space for each guest room or suite plus one space for each two employees. B. Club - Clubs shall be treated as combina- tions of uses such as hotel, res- taurant, auditorium, etc., and the required spaces for each separate use shall be provided. b. Institutions: 1. Convalescent homes; In- - A minimum of four spaces per use; stitutions for the aged; in addition one space for each five institutions for children; beds for patients plus one additional welfare .or correction in- space for each two employees. stitutions. 2. Hospitals - A minimum of six spaces per hospi- tal, in addition one space for each two beds, including bassinettes plus one additional space for each two employees. c. Public assembly: 1. Church - A minimum of six spaces per church L in addition, one space for each aix seats or twelve feet of bench length. 22 ~iid+:a'iY.±r~:•3 +:uti_•. ,,.::a..,..7J-'.t.: *ea,..;c:: n •'•..f:':x`:~":, >a.aa.,c... lr1. ~'t..1w'4d'idi ,~:,•.'R. 1 Parking - 190 2, Library - One apace for each four hundred square feet of gross floor areal plus one space for each two employees, y 3. Auditorium or meeting - A minimum of six spaces per assembly= rooms, except achools in addition, one space for each six' seats or twelve feet of bench length. 4. College, commercial - One space for each six seats in class- rooms plus one space for each two employees. 5. Nursery schools,.elemen- - Two spaces per teacher; minimum of tary or high schools., eight spaces per school; in addition, one space for each twelve seats or :twenty-four feet of bench length in the auditorium or assembly room or, if none, the sum of the classroom seating capacity plus one space for each two employees. 6. Passenger terminal - One space for each five hundred (bus, air or rail) square feet of gross floor area plus one space for each two employees. d. Sports and commercial amusement: 1. Stadium or race track - One space for each four seats' or eight feet of bench length. 2. Indoor arena or theater - One space for each four seats or eight feet of bench length. 3. Bowling alley - Five spaces for each alley, plus one space for each two employees. 4. Dance hall or skating - One space for each one hundred square rink feet of gross floor area, plus one space for each two employees. 5. Amusement park -One space for each one thousand square feet of gross area, plus one i space for each two employees. e. Commercial: 1. Retail stores including - Minimum three spaces per use and in restaurant, cafe, tavern, addition, one space for each five night club but other than hundred square feet gross floor area, in item (2) below plus one space for each two employees. yt,. 2.' Service or repair shop - Minimum.three spaces per use and in s;. and retail store handling addition, one.space for each five bulky merchandise, such hundred square feet of gross floor as automobiles and area plus one ,space . for each two furniture. employees. ti! t, . 23 F'} T: Parking - 190 3. Commercial or professional- One space per five hundred square office space feet of floor area plus one space for each establishment plus one space for each two employees. f. Industrial: 1. Wholesale or freight ter- - One space for each employee on the minal (water, air, rail largest shift. or trucking) 2. Storage - One space for each employee on the largest shift. 3. Manufacturing or pro- - One space for each employee on the cessing largest shift. g. Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed. t SECTION 190-5 OFF-STREET LOADING { a. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students. b. Buildings or structures to be built or substantially altered which receive arAd distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would"result in less space than is re- quired to adequately handle.the needs of the particular use. Off- street parking areas used to fulfill the requirements of this ordinance shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. SECTION 190-6 - DESIGN STANDARDS FOR OFF-STREET PARKING AND LOADING a. Groups of more than two parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street other than an alley will be required. b. Service drives shall be designed and construct-ad to facilitate the flow of traffic, provide maximum safety. of traffic access and egress and maximum safety of pedestrians and.vehic.ular traffic on 24 .t~.~ a~ ~....A . :.t1 Yom.., R ..,4 ~ 'UT . •.YtY: n Parking - 190 the site, and shall have a minimum vision clearance area as prescribed in Section 210-9. c. Each parking and/or loading space shall be accessible from a street or other right-of-way and the access shall be of a width and location as described by Chapter 200 - Access and Egress. d. Access aisles shall be of sufficient width for all vehicles turning and maneuvering, and according to the minimum standard shown on Figure #1. e. Except in connection with single family uses, all areas used for the standing or maneuvering of vehicles shall be improved accord- ing to the same specifications as required for city streets. f. Parking spaces along the boundaries of a parking lot shall be provided with a bumper rail or a curb' at least 4 inches high located 4 feet within the property lines. g. Off-street parking and loading areas shall be drained to avoid flow of water across public sidewalks. h. Where-the boundary of a parking lot adjoins a residential district, such parking lot shall be screened by a sight obscuring fence, as .prescribed by Section 210-5 - Enclosure and Screening Required. i. Artificial lighting which may be provided shall be deflected so as not to shine directly into adjoining dwellings or other types of living units and so as not to create a hazard to the public use of any road or street. j.. Signs which.are provided on parking lots for the purpose of directing traffic shall be as prescribed in Chapter 300. 25 ~..a v~Y.ii6~3L:.~.i:~C'.:i't~'~.<::ak; t`.'.".''9",:'''::i;;a. .6iay+-w ;k'.'~ ~i~i~~~w`'2:L'~.?`r`.~i~l~.°G.'~''t't~~:=i~•Fcak'i'.~: •4`hr.7.Lr,:. j... S Access - 200 r CHAPTER 200 - ACCESS AND EGRESS l~ SECTION 200-1 - GENERAL PROVISIONS The following requirements and standards shall not apply in any instance where subdivision rules or standards of the City of Tigard are applicable The following provisions and standards are intended to apply where no present or discernible purpose exists to partition one or more parcels of land in contravention or violation of the subdivision laws of the State of-Oregon and Ordinances of the City of Tigard. a. The provision and maintenance of access and egress stipulated in this ordinance are continuing requirements for the use of any structure or parcel of real property in the City of Tigard. No building or other permit shall be issued until scale plans are presented that show how access and egress requirement is to be fulfilled. Should the owner or occupant.of a lot or building change the use to which the lot or building is put, thereby in- creasing access.and egress requirements, it shall be unlawful and a violation of this ordinance to begin or maintain such altered use until the required increase in access and egress is provided. b. Unless the required access and egress is dedicated to public use by permanent easement or deed, the building inspector shall not issue a building permit until the City Attorney has been presented with satisfactory legal evidence in the form of deeds, easements, leases, or contracts to establish access and egress for the duration of the occupancy or use for which access and egress are required. Copies of said deeds,. easements, leases or contracts shall be placed on permanent file with the City Recorder. C. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies their combined requirements as designated in this ordinance, provided that satisfactory legal evidence is presented to the City Attorney in the form of deeds, easements; Leases or contracts-to establish joint use. Copies of said deeds, easements, leases or contracts shall be placed on permanent file with the City Recorder. d. All access and egreen shall connect directly with public streets approved and accepted by the city for public use. Vehicular access for residential use shall be brought to within fifty (50) feet of the ground floor entrances or the ground floor landing of ' a stairway, ramp or elevator leading.to dwelling units, or in the case of commercial or industrial uses, vehicular access shall be brought to within fifty (50) feet of the primary ground floor entrances. 26 Access - 200 e. Required sidewalks shall extend from the ground floor entrances or the ground floor_ landing of stairs, ramps or elevators to the sidewalk or curb of the public street or streets-which provide the required access and egress. ; f. Applications for building permits shall be referred to the Planning Commission for review when in the opinion of the building official in. the access pxoposed would cause such hazardous traffic conditions to exist or would provide such inadequate access for emergency vehicles or would in any other way, cause such hazardous traffic conditions to exist or would provide such inadequate access for emergency vehicles or would in any-other way, cause such hazardous conditions to exist as to constitute a clear and present danger to the public health, safety and general welfare. g. The standards set forth in this ordinance are minimum standards for access and egress, and may be increased by the Planning Commission.in any particular instance where.the standards provided herein are deemed insufficient. SECTION 200-2 - MINIM'U'M ACCESS REQUIREMENTS FOR RESIDENTIAL USES a. Access and egress for Single Family and Duplex Residential uses ' shall not be less than the following: MINIMUM MINIMUM PAVEMENT DOWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC. 1 1 10 ft. none J` 2 2 10 . ft. hard surface pave- . . . . . . . . . . . . . . . . . ment over 80% of 4:. or 1 20 ft. regaired access width; no curbs or sidewalks required 3-5 1 30 ft. ' 6 and 1 50 fto dedicated street above with standard street improvements. b. Access and egress for Multi-Family Residential uses shall not be less than the following: MINIMUM MINI14UM PAVEMENT k. _ DWELLrNc; UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC. 3 - 19 1 30 fto hard surface pavement over 80% of required access width; no curbs ? or sidewalks required. b ~ - 27 .i; Y i •t- i,`` o~ w: Q~~~~rll "~~g,°~x S;~M1S'%S,'. A ?(~r ^.T~,..y ^.~c:y~;' :'??'47:3:; r.. a;A r." ,ny:> ::k" .::F f.. •::W,.. t, "y Y,;~ S. y' ~('~1 '`~.7 ,jr J,. ~i. l!•.' : •aR ye : ~ :ry. yy'~e .,~'yr..::.,{'a:, ti~y~lwi uw c• ! t..•y ) .n..L'- v "~"13~~~ t v~' & ~'+h IY i{sf"x 1 `J•i 4~:>t`;' tq1~ hi~r ~w1 4} p vl., • vFSAG lfi 4~~U 'y +*Ly' ' ~ , i ~ ,~j~Bf:. ACCESS - 200 MINIMUM MINIMUM PAVEMENT DWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC. 20 - 49 1 40 ft. hard surface pavement . . . . . . . . . . . . . . over 80% of required access width; no curbs ! or 2 30 ft. or sidewalks re uQ fired 50 - 100 1 50 ft. hard surface pavement 36 feet wide; curbs required; sidewalks not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . or 2 40 ft. hard surface pavement 32 feet wide; no curbs required; sidewalks ` not required. over 100 as required by as required as required by plan- planning com- by planning ning commission. . mission commission ' - SECTION 200-3 - MINIMUM ACCESS REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL E' USES r ~ Access and egress for commercial and Industrial uses shall not be less than the following: REQUIRED MINIMUM MINIMUM PAVEMENT PARKING SPACES NUMBER REQUIRED_ MINIMUM WIDTH SIDEWALKS ETC. I 1 - 99 .1 30 fto hard surface pavement ' over 80% of required access width; no curbs required; 5 foot side- ' walk one side only when abutting dedicated streets with sidewalks. n.' 100 - 249 2 30 ft. hard surface pavement over 80%'6f required r{ . ' . . . . . . . . . access width; no curbs a' required; 5 foot side 1 50 ft. walk one'side only when abutting dedicated streets with sidgwal_kt. " _ 2'50 atld an required by as required as required by over planning by planning planning commission. .~a..""~ C O 'COQtltl i I ak " 28 .J ..`4'~F,:'0'fiff~lS~F'•_rN`:'k-'lsti ~:`.c 1 1 n. Toady} A i k 1Nfh'( w..+.:•~~ ~R~ . ~ ;1~``•~vaiP~'~rY:~`Y;~ p,5~~~ h;a A'.,,. ~:3:~yi;~lYady.d'• •'.'t.. .d:y ny.. I'M 4n~Ci+,•'#."~s'FkiYacSaN,.uwr.JL:,S.:+.,. Access - 200 i` SECTION 200-4 -.WIDTH AND LOCATION OF CURB CUTS w a. Minimum curb cut width shall be 15 feet. b. Maximum curb cut width shall be as determined by the City Engineer. c. No curb cuts shall be allowed within five feat of an adjacent pro- perty line except when two adjacent property owners elect to.pro- vide joint access to their respective properties, as provided in Section 200-1 (b). d. No curb cuts shall be allowed within 30 feet of an intersecting street right-of-way. a e. There shall be a minimum distance of 30 feet betureen any two adjacent curb cuts on the same property. F T y 4 X~ 'KIps ,Y , V 1UV• } 29 Sup. Provisions - 210 Y CHAPTER 210 - SUPPLEMENTARY PROVISIONS i SECTION 210-1 - AUTHORIZATION OF SIMILAR USES The Planning Commission may rule that a use, not specifically named in the allowed uses of a zone, shall be included among the allowed i uses if the use is of the same general type and is similar to the- allowed uses. However, this section does not authorize the inclusion of a use specifically listed in another zone. SECTION 210-2 - PROVISIONS REGARDING ACCESSORY USES } Accessory uses shall comply with all requirements for the principal use except where specifically.modified by this ordinance and shall comply with the following limitations: .a. Fences and hedges, uncovered decks and similar landscaping features may be located within yards but shall not conflict with vision clearance requirements. b. A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales. c. No separate permit shall be issued for the construction of any type of accessary.building prior to that of the main dwelling. SECTION 210•-3 - PROJECTIONS FROM BUILDINGS i Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards. SECTION-210-4 - CONTINUANCE OF MINIMUM ORDINANCE REQUIREMENTS No lot area, yard or other open space or required off-street parking or loading area existing on or after the effective date of this ordinance shall be reduced in area, dimension or size below the minimum r~ required by this ordinance, nor shall any lot area, yard or other open r space or off-street parking or loading area which is required by this ordinance for one use.be used as the lot area, yard,or other open space or off-street parking or loading area requirement for any other use a except as provided in Section 210-2 (c).and 190-1 (c). s r. 30 ti Sup, Provisions - 210 SECTION 210-5 - PROHIBITION OLD PUBLIC NUISANCES No building, structure., or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance,. including but not limited to excessive odor, dust, smoke, cinders, fumes, noise, glare, heat or vibration or any hazard to the general health, safety and welfare as defined by ordinances of the City of Tigard, Statutes of the State of Oregon, or by the decisions of any court of competent jurisdiction. (See especially Tigard City Ordinance 62-17) SECTION 210-6 - ENCLOSURE OR SCREENING REQUIRED a. -Except as.otherwise permitted under the Conditional Use Provisions of this Ordinance, all business, service, repair, processing, storage, or merchandise display shall be conducted wholly within an enclosed building. b. When permitted under the Conditional Use Provisions of this Ordinance, all, business, service, repair, processing, storage or merchandise display not conducted within an enclosed building may be required to be screened from the view of all adjacent properties by a sight obscuring fence not less than five feet t nor more than.seven feet in height and/or by landscaping of such a height and density as may be prescribed by the Planning Commission. SECTION 210-7 - GENERAL EXCEPTION TO LOT SIZE REQUIREMENTS If at the time of passage of this ordinance, a lot, or the aggregate of contiguous lots held in a single ownership, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an area deficiency, residential use shall be limited to a single-family residence. SECTION 210-6 - GENERAL EXCEPTIONS TO YARD REQUIREMENTS a. Except fo*r that portion of the setback which is listed in sub- section (b) of this section, the following exception to the front yard requirement for a dwelling is authorized fora lot in any zone. If there are dwellings on both abutting lots with front yards of leas than the required depth for the zone,,the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is'a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-halfway between the depth of the abutting lot and the required front yard depth. 31 ~.~Wf~iMi ,;fir "~`''''F. :'~,1 l,JfL ••.~?~;~'ti:. qt;.',. :r.,f..aJy -'{:Eb..:x6~fc.arSaua,~, •,~~9tdsinbr=.a,~.u{W's't~•.o:.tei~'atisi.w,.,,,....:.. •nt b. In all zones, vision clearance areas shall be maintained between all intersecting streets (except alleys) extending twenty feet (201) back from the right-of-way intersection along both sides of the spaces between the intersecting streets. .Except for occasional tree trunks.or poles, these areas shall be maintained without sight obstruction of any kind for a vertical distance between three feet (39 and ten feet (10') above the ground. c. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width; to protect arterial streets; and to have the location of structures compatible with the need for the eventual widening of streets, a yard shall be provided abutting streets..and portions of streets hereinafter named which shall be the number ->f feet set forth below in the right-hand column, measured at right angles to the centerline of the street and; unless otherwise described, measured from the fee title or dedicated right-of-way of the public way. STREET YARD REQUIRED All of S.W. Pacific Highway within City 40 ft. k d. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width; to protect arterial streets; and to have the location of structures compatible with the need for the eventual widening'of streets, a setback shall be provided abutting streets and portions of streets herein- after named which shall be greater thain the required yard dimension specified in the zone by the number of feet set forth below in the right-hand column, measured at.right angles to the centerline of the street and, unless otherwise described, measured from the centerline of the street as constructed and improved with a hard surface pavement, or where not paved,-from the center line or general extension thereof of the street right-of-way: STREET ADDITIONAL SETBACK Y, All of S.W. Greenburg Rd. within City 30 ft. S.W. Walnut St. " 30 " N N S.W. Highway 217 30 It " N S.W. Tigard Ave. " 30 " S.W. Burnham St. " 30 " i 'S.W. Durham Rd. IS 30 It " S.W. 72nd Ave. N 30 " S.W. Pfaffle It 30 „ N N S.W. McDonald St.. " 30 " " S.W. Ash Ave. 30 „ S.W. Hunziker 30 „ " " S.W. Bonita Rd. 30 „ 32 tai,, ~p3!N'N''''•'. A ' ' . j".. ~~;er.A ~'K..a,r,.:Sr.~"a.,;.:hi:us,o:t•:,~kh ' w~::..a.vea•:~vi::,.AC~"'N4,tS.,w ?`~.e,... ' STREET YARD REgUIRED All of S.W. Bull Mt. Pd. within city 30 ft. of " S.W. Gaarde it " 30-ft. All existing streets within city with less than 50 feet of right-of-w*ay 25 feet SECTION 210-9 - GENERAL EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS a. The following types of structures-or 'structural parts are not subject to the building height limitations of this ordinance: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, masts, aerials, cooling towers, ' elevator shafts, transmission towers, smokestac'_-:r, flagpoles, radio and television towers, and other similar projections. b. Building heights in any zone may be increased as a conditional use to a maximum permitted height of 75 feet provided that-the total floor area of the buildings does not exceed the area requirement of j the zone (if any) and provided that in residential zones all yards shall have a minimum depth of not less than one-half the height of the principal structure. SECTION 210-10 - FIRE ONE'S i i a. Fire zones as established in the City of Tigard by adoption of the h Uniform Building Code, promulgated by the International Conference of Building officials, shall conform to land, use zones or districts j and are hereby classified and designated as follows: 1 LAND USE ZONE FIRE ZONE R-7 Single Family Residential 3 R-15 " 3 ! P-30 3 A-2 Multi-Family Residential 3 14-3 Light Industrial 2 M-2 Industrial Park 2 C-4. Neighborhood Commercial 2 C-3 General Commercial 2 b. Firs zones shall run concurrently with the land use zones and are changed automatically by changes in land use classification as may occur from time to time by amendment to the zoning ordinance. 33 a,. Noncon. Uses & Structures - 220 CHAPTER 220 - NONCONFORMING USES AND STRUCTURES SECTION 220-1 - CONTINUATION OF NONCONFORMING USES OR STRUCTURES Subject to the provisions of Sections 220-1 through 220-5, a nonconform- ingstructure or use may be continued but shall not be altered or extended, except.as provided herein. SECTION 220-2 - AUTHORIZATION TO GRANT OR DENY REINSTATEMENT OF A DISCONTINUED NONCONFORMING USE Following the procedure set forth in Section 250-1 to 256-4 the Planning Commission may authorize the reinstatement or resumption of a dis- continued nonconforming use subject to the following limitations: r a. if a nonconforming use is discontinued from active"use, it shall not be reinstated or resumed unless specifically approved by the j Planning Commission. r F t b. If a nonconforming use is changed, it shall be changed only to a use conforming with the zoning regulations and once changed it ~ shall not be changed back again to the orginal.nonconforming use. rr, c. If a nonconforming structure or a structure containing a noncon- forming use is destroyed or damaged by any cause to an extent re- quiring the discontinuance of the use while effecting repairs, a future structure or use on the property shall conform to the pro- visions of this ordinance unless.reinstatement or resumption of the original structure is specifically approved by the Planning Commission. SECTION 220-3 - AUTHORIZATION TO GRANT OR DENY ENLARGMENT OF A NON- CONFORMING USE OR STRUCTURE Following the procedure set forth in Section 250-1 to 250-2 the Planning Commission may authorize the enlargement of a nonconforming use or structure subject to. the following limitations: .ttr a. A.nonconforming use may be permitted to enlarge,up to twenty (20) percent in floor area or, in those cases not involving structures,' up to ten (10) percent in land area as existing on the effective date of this ordinance. b. A 'structure conforming as to use but nonconforming as to setback or yard may be altered or extended providing the alternation or extension does not result in a violation of this ordinance. 34 'a Noncon. Uses & Structures - 220 i . SECTION 220-4 - COMPLETION OF BUILDING Nothing contained in this ordinance shall requ.re any change in the plans, alteration, construction, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this ordinance, except that if the designated use will be nonconforming it shall, for the purpose of Section. 220-3, be a discontinued use if not in operation within ~ one year of the date of issuance of the building permit. SECTION 220-5 - UNOCCUPIED BUILDING If a building is unoccupied on the effective date of thi3 ordinance, it shall be classified as a discontinued use and a nonconforming use and can be reinstated or resumed under the provisions of Section 220-3 only if such use were the last use of record on the property. SECTION 220--6 - APPLICATION FOR REINSTATEMENT OR ENLARGMENT OF A NON-CONFORMING USE A request for reinstatement or enlargement of a non-conforming use may be initiated by a property owner or his authorized agent by filing an application with the City Reorder. The application shall be accompanied by a fee of $35.00. 35 +,xs• y.-q'mas..nnq.. ~~.R':;"'':' ei...•. r;~s~'. fir., -!.r'n~mx~j9:47e•r:Y'• a.~qa.... tti, :.t.~,wrf;7~•F'~5 ~.xd * 4 ~i:.::v ,5:'. Y';:'p P•`~ adr±iaW~`"•? 4r :1~Vtx ,r4'•i. `irt k'; ~fyY•'-<r$``4:5~5,.'. L':i`^"~,Y.._Cs:: /'cam. :4.: •LS.~t._ 'i y, .i9yy yy~ t'~,y' ,Yr ••~K iF~y~ f.:_ ''~k": ~Y(:.. ~ 4~r r. G'" ,h„.. *j~y.~ :.v : d r_, 'E:i';'• by }Y`r'vN4": irtC'T,i'K~''A'f~'F rtr, , _.v... n. , r .-•W _ at.Utikhcabx, ,{1fla,r uxY'n. ,ua e:' .A ord. ~ Cond. Uses - 230 ' CHAPTER 230 CONDITIONAL USES SECTION 230-1 - AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES 'Following the procedures set forth in Section 250-1 to 250-4, uses designated in this ordinance as "conditional uses permitted" may be permitted or enlarged or altered upon authorization of the Planning Commission. In permitting a conditional use the Planning Commission may impose, in addition to the regulations and standards expressly specified by this ordinance, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the city as a whole. The conditions may include requirements in- creasing the required lot size or yard dimensions, controlling the location and number of vehicular accesf points to the property, increasing street width, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage of height of buildings because of obstruction to view or reduction of light or air to adjacent property, requiring sight- obscuring fencing and landscaping where necessary to reduce noise or glare or maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission anA new conditions imposed." Change in use, expansion or contraction of.site area, or alteration of structures or uses classified as conditional =r. existing prior to the effective date of this ordinance, shall conform to the regulations pertaining to conditional uses. If the. site is found inappropriate for the use requested, the Planning Commission may deny approval of the conditional use. SECTION 230-2 - APPLICATION FOR A CONDITIONAL USE A request for a conditional use or Modification of an existing conditional F'. use may be initiated by the property owner or his authorized agent by filing an application with the City Recorder. The applicant shall submit a site plan, drawn to scale, showing the dimensions and arrange- ment of the proposed development. The application shall be accompanied by a fee of $25.00. lak ' 36 T y"Tp~f,JV: y:~ 1. Y ;'.'aC`;' . , , r:.. :,yii \~!•~i.'i.:t Y ,t~1rf?'+s~.~yk•rp)~.%..~.~yv..~~tiK;, : ~ii,1:~o r. .a ~~~~-R;'.,~A YFCSrS:~~ss!'~i S:~:i.. `t:LS~`.•. n. r .....,:''i . ....".IT_. , +N:" A°f. '4'n l:~ ;C9 "M;:.: , rt;r: ~ 1 ...C^: "~4"j¢^.d.•~ '.F! _ g~ p:.. crz^=q}..~y+`:::~.,,~:. ~.5.~'•sr.i .~~':~2'd.. ..,fir :~f~:~: •n''~:~: e~'~ ,p 'a~;. ~•:d~'!,F 34" e:. %';jPfd;~.k\ t,~x Fr.'r `34~` .:'nr. ,n3r;•'.:t..},<:tir:i'.i,; .d~'''i'~' ~5a .~~j':ii^!'. b'' n~'~,yn: ..,~s v: ..iir. Yr31ViwF::•~:,~+L"t'~`A•imufi~';;..,a~.: w~r~}.►y'S~+r'.'C'~!tis~`4'u :i..,.,:uvavr~ul:.. ~Eu a: +`L~'~a~tv~a~'nT. ~rac..u•sSWedku~.J~~:+L!~~~.;4'~ua~n d';x hn*~'~.''f!t?k~~~A;~llAe=~E.:;. ,..+:i:;. .s.c,'a.: ..i .`:;ai. e....... Variances - 240 CHAPTER 240 - VARIANCES SECTION 240-1 - AUTHORIZATION TO GRANT OR DENY VARIANCES Following the procedures set forth in Section 250-1 to 250-4, the t Planning Commission may authorize variances from the requirements of this ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the.literal interpretation of this ordinance would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance., SECTION 240-2 - CONDITIONS FOR GRANTING A VARIANCE x No variance shall be granted by the Planning. Commission unless it can i,,.• be shown,that all of the following conditions exists a. Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. b. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. c, The authorization of the variance shall not be materially detri- mental to the purposes of this ordinance, be injurious to property in the zone or vicinity in which the property is located, or be q; otherwise detrimental to the objectives of any city development plan or policy. ~~y d. The variance requested is, the minimum variance from the provisions and standards of this ordinance which will alleviate the hardship. SECTION 24n-3 - APPLICAxION FOR A VARIAbtCS e5' A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the City Recorder upon forms prescribed for the purpose. The application shall be accompanied ~4'~ by a site plan, drawn to scale, sharing the dimensions and arrangement . cif the proposed development. The application shall be accompanied by a fee of $25.00. , s Sin k;.t.i, ~'ct a • .;tiff • F~yP[ af;~d'i d'Y;: .'4cefsw~!~it~V~~.1i~,~,A:C`,.., ..1<~~5d-,. ni.:c._~. _ 'p-; %,~„'rt;' _..'fl>' ..~c+ a , , . " :,^~jt' :;ir'j•...r . t 'lN.&` ~P;. i.{r`£'S?. i;\M ,~.~:>Sit,, :i,%-; :c. L,:''{Vn1= ,.4,}.y.. ~r .~<z . ,~1.....:y1.' '~+1wt,. S .'k- n~.r6r:~Y.:a ..:ik°"7l~l+au "~~--`.•.hc.•1.•:.s. L~.l,::.<.:,r..✓.., F ov . "iliie+,+il aA3•t.?4'3: '+1«•t~'J.. '''kf~'hR~~ny.~+a.. •...J. pp~~ Procedure - 250 i CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES, CONDITIONAL USES AND REINSTATEMENT OR ENLARGEMENT OF NONCONFORMING USES SECTION 250-1 - PUBLIC SEARING REQUIRED t= Within 40 days after the filing of an application fora variance, X' conditional use, reinstatement or.enlargement of a nonconforming use, the Planning. Commission shall hold a public hearing thereon, before rendering its decision- At least five days but not more than 20 days prior to the date of hearing, the City Recorder shall give written notice of the hearing by mail to all owners of property abutting or directly across a street from the lot or parcel of land on which the 3 variance. is requested, and shall notify owners of any other lot or' land parcel which he deems affected by the proposed variance, conditional use, reinstatement or enlargement of a nonconforming 12se, using for this purpose the names and addresses of owners as shown upon the records of the County Assessor. Failure of.a person to receive this notice shall not invalidate any proceedings in connection with said application. i SECTION 250-2 - RECESS OF HEARING BY PLANNING COMMISSION The Planning Commission may recess a hearing on a request for a variance, conditional use, reinstatement or enlargement of a nonconform- ing use in.order to obtain additional information or to serve further notice upon other property owners or persons. who it decides may be in- terested in said request. Upon recessing for this purpose, the Planning it Commission shall announce the time and date when the hearing will be resumed. r• s SECTION 250-3 - ACTION OF THE PLANNING COMMISSION i a ' ' The Planning Commission may attach conditions to an authorized variance, s- conditional use, reinstatement or enlargement of a nonconforming use which.it feels are necessary to protect the public interest and carry out the purpose of this ordinance. The City Recorder shall notify the applicant in writing of the Planning Commission's action. SECTION 250-4 - APPEAL FROM DECISION OF PLANNING COMMISSION u- Any person aggrieved by a final determination of the Planning Commission may appeal said determination to the City Council as provided in Section 270-2. . 4 ,Y 38 25`x`»,;;.,;..... a. . t { i 1 Amendments - 260 CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE SECTION 260-1 - AUTHORIZATION TO INITIT.•iTE AMENDMENTS An amendment to the text or the zoning map of this ordinance may be initiated by the City Council, by the Planning Commission, or by application of the property owner cr his authorized agent. The Planning Commission shall, within 40 days after a hearing, recommend to the council approval, disapproval, or modification of the proposed amendment. SECTION 260-2 - APPLICATION.AND FEE An application for amendment by a property owner or his authorized agent shall be.filed with the City Recorder. The application shall be accompanied by a fee of $50.00. SECTION 260-3 - PLANNING COMMISSION HEARING ON AN AMENDMENT Before taking final action on a'proposed amencL,ent, the Planning Commission shall hold a public hearing thereon. Notice of time and place of the public hearing before the Planning Commission and the purpose of the proposed amendment shall be given by the City Recorder in the following manner. G a. If an amendment to the zoning map including an area of less than ten acres is proposed, the notice shall be by mailing written notice not less-than ten days prior to the date of hearing to owners of property within lines parallel to and 300 feet from the exterior boundaries of the property involved, using for this purpose the names and addresses of the owners as shown upon the current tax roll of the county assessor. Failure to send notice to a person specified in this section.or failure of a person to receive a° the notice shall not invalidate any proceedings in connection with the proposed change. b. If an amendment to the text of this ordinance or a change in zone of an area often acres or more is proposed, the notice shall be by two publications in a newspaper of general circulation in the. city once a week for two consecutive weeks prior to the hearing. SECTION 260-4 - RECESS OF HEARING The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this, purpose, the Planning Commission shall announce the timeand date when the hearing will be resumed. 39 .t .r r:"'ia'~. ' G»ei°' .yy~;~t 't` ~~i.~.`'r'~'~~ AlZtj `.lYi.~' rlt'`,:~,*":l„ wl~`i~,~}^ ,S T.,'^~~U~~~y7 •.F :a% :17• ' .s~ 'S ~ ~ ?"„tY„. , jK,~ . ,~q'+y ` ;'tti, J~ sw ~ {t .tj(4P kv, it;{~+k; '.y `'~p,e•~~ fit' ~c~' s S 1':-~, r , . ' , . ' ~ ; V' A,..., • 1 ~j a ~~M~sUa~i s: BiSI~`T. Amendments - 260 t SECTION 260-5 - MODIFICATION OF A PROPOSED AMENDMENT ' The boundaries or classif:.cation of a proposed amendment (zone change) effecting the zoning map but not effecting the zoning text, may be modified by the applicant or.by the Planning Commission, provided that said change in boundaries or classification effects no new areas not previously described in the notice of Planning Commission Hearing, and provided that said change in classification will not result in a more intense land use than previously described in the notice of Planning Commission Hearing. x, SECTION 260-6 - CITY COUNCIL HEARING ON AN AMENDMENT a. Following the prescribed hearing before the Planning-Commission, a written report containing the findings and recommendations of the Planning Commission shall be forwarded to the City Council by the City Recorder or Clerk. b. Upon receipt of the Planning Commission's recommendation, the City Council shall set the time and place for a public hearing before the City Council on the proposed amendment. c. Notice for the Council'Hearing shall be given in the manner pre- scribed in ORS 227.260. ' d. The City Council may recess a hearing in order to obtain additional } information or to serve further notice upon other property owners ' or persons it decides may be interested in the proposed amendment. a'. Upon recessing for this purpose, council shall announce the time and date when the hearing will be resumed, SECTION 260-7 - APPROVAL OF AMENDMENT TO ZONING MAP in granting an amendment to the zoning map, upon application by a property owner or his authorized.agent the council may require the dedication of additional street right-o€-way where an officially ' adopted street plan indicates need for increased width or where the nature of the proposed.development warrants increased street width, and the council may require permanent landscape screening or other devices to minimize conflict with residential land use. `lif s SECTION 260-6 - NOTIFICATION OF ACTION The City Recorder shall notify the applicant in writing of the city's action within five days after the decision has been rendered. A A^v. !MS ~ y ' .i3.~ ,n 1.u.tu'~~ r, v' • , .i; .2' rw •,::+"J'i ' i , : =~ix•' " ~k. r,w 1•` ..:c" 3<41.,~'A„ - 'f,' ,r lstx.'S." . S'ay ht, *~.y, .i~:: . N'~, a.`:e%:h. .1:,.3 : S' Si'~;{?i'.b Ax~...s . '"1• ~',cs, ~i..,..,1.:s "i.% 'sE:? .ar,S...,n...na_. ,..k,.,v.....,~ce°~:)l.. F~ t.S.Ars~%1 n~M u.....e.. ,;'s. "i. ~ ..a.... .w~2:.S, t 7t? M M,'~ y,~{ ::~~~.~q...,a ~e~i, ,Jd:H.d..~i»Ai... ;'::G,w~rtia:C.. ..aiS.' yuv': ✓ it. d. ~ i. V .t l1 i .E SECTION 260-9 -RECORD OF AMENDMEN'I" The-City Recorder shall maintain a record of amendmGnta to the text and Map of this ordinance in a form convenient 'for the use df the public, and in accordance with Section 100-5. `i i 7. 4] i A} gSC` 8y ~ Y ~ L F e p, La" Y: ak`ti ':X ".r ~yk t ~a 41 ~wl~~cL~i~✓~~~444~:~S~~S"~e~~1>,ai,L`1~1:~~fi•. Administration - 270 i CHAPTER 270 - AD.41NISTRATION, ENFORCEMENT AND INTERPRETATION SECTION 270-1 - ENFORCEMENT The city building inspector shall have the power and duty to enforce the provisions of this ordinance. An appeal from a ruling of the recorder and building inspector shall be made to the city Planning ' Commission. SECTION 270-2 - APPEAL TO THE CITY COUNCIL An action or ruling of the Planning Commission authorized by this ordinance may be appealed to the city council within 15 days after the commission has rendered its decision by filing written notice with the city Recorder. If no appeal is taken within the 15 day period, the decision of the commission shall be final. If an appeal is filed, the council shell receive a report and recommendation from the Planning Commission and.shall hole a public hearing on the appeal. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the city not less than five days nor more than ten days prior to the date of the hearing. SECTION 270-3 - FORMS OF PETITIONS, APPLICATIONS,.AND APPEALS Petitions, applications, and appeals provided for in this ordinance shall be made on forms provided for the purpose or as otherwise pre- scribed by the Planning Commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. Applications for a building permit shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this ordinance and of the building code. SECTION 270-4 - TEMPORARY PERMITS The building official shall issue temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property. SECTION 270-5 - INTERPRETATION r< The provisions of this ordinance shall be held to be'the minimum re- quirements fulfilling its objectives. Where the conditions imposed by any'provisions of this ordinance are less restrictive than comparable 42 " ,i0+:.6".,;.3d...,•.. :ufi •aABYCdr6: actrn.:p.,cn.a 'l..i%,- 'r s: %.ti A'i5 ' .ter. at4/ 'k1.`*.Y•. Vc.::.1;ttir c...win..:,:w+r!S:'4A''xn !"L4 iF..ti.`:.,,: ..r: 7 Administration - 270; conditions imposed by any other provisions of this ordinance or of any other ordinance, resolution, or regulation, the provisions which ' are moto restrictive shall govern. s SECTION 270-6 - SEVERABILITY j i 6 ' The provisions of this ordinance are hereby declared to be severable. If any section, sentence, clause, or phrase of this ordinance is adjudged }I } by a court of competent jurisdiction to be invalid, such decision shall i~ s.: not affect the validity of the remaining portions of this ordinance. • R tt~ SECTION 270-7 - PENALTY E A person violating A provision of this ordinance shall, upon conviction a thereof, be punished by imprisonment for not to exceed 10 days or by a fine not to exceed $100.00, or both. A person violating a provision j. a of this ordinance shall be deemed guilty of a separate offense for f: each day during which the violation continues. ' x r i J ~ l+ I t '4 tci !4r .i 43 gin 4 ~ ) a Definitions - 280 CHAPTER 280 - DEFINITIONS E As used in this :rdinance the masculine includes the feminine and neuter and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall means 1. Accessory Structure or Use. A structure or use incidental and subordinate to the main use of the property, including a home occupation, which is located on the same lot with the main use and contributes to the comfort or convenience or persons occupying the property, but not including the keeping of 1_.vestock other than ordinary household pets. 2. Alley A narrow street through or partially through a block primarily for vehicular service access to the ba^'K or side of properties otherwise abutting on another street. 3. Apartment House. See dwelling, multi-family. 4. Billboard. See sign. 5. Boarding, Lodging or Rooming House. A building where lodging with or without meals is provided for compensation for not less than three nor more than 15 guests. .6. Building. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any:kind but.excluding driveways, walks, and similar slab construction not exceeding the surrounding ground level by six inches. 7. City,. The City of Tigard, Oregon. 8. Commission. The City Planning Commission of Tigard. 9. Dwelling, Duplex; or Dwelling, Two-Family.. A detached building containing two dwelling units. 10.. Dwelling, Multi-Family. A building containing three or more dwelling units. 11. Dwelling, Single-Family. A detached building containing one dwelling unit. 12. Dwelling Unit. One or more rooms designed for occupancy by one family and not having more than one cooking facility, but excluding a trailer coach except when located in a trailer park. 13. Family. An individual, or two or more persons related by blood, marriage, legal adoption, or guardianship living together in a. 44 •5i3"vm.®4bd1~~~.~Wb'Y~vfi CEk..t'.'A.'~r/_+Y1'.~::J.'lE~e14'. as+rewatvl~•d.•i. ~.Fi~Aav+t.+L`.'vtim_A~y~~Ap _ _ _ _ i~+~ t ::%;d1,',' ;:t '.4}f...••,°`f~o.; .yam`}1:~.' '.t~'\: :4Mti' tj 5'\:.r _ yl .rR'., ~~..1.......a.......,.e31.3..'f.....+'di153iSIL.r`TMt-'::.-R1R.''1°::h..d 1o'A•}~Va~~.4r~a4%~Frt"L~+k.~%k.r7:51'.+nti+6''R~c!~ktie"i'iu+N+'- +w . ....w..... A w . Definitions - 280 s' is r dwelling unit in which board and.lodging may also be provided for not more than three additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit. 14. Fence, Sight Obscuring.- A fence or evergreen planting arranged in such a way as to obstruct vision. 15. Floor area. The area included in surrounding walls of a building or portion thereof, exclusive of vents shafts and courts. s 16. Garage, Private. An accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the'main building. 17. Garage, Public. A building other than a private garage used for `I the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale. 18. Garden Store. A retail store for the sale of garden supplies and plans that are used in the care and development of residential property. 19. Grade (around level). The average of the finished ground level ? at the center of all walls of the building. In case a wall is s parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. 20. Height of.Building. The vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the point midway between the ridge and the eaves of a pitch or hip roof. r., k 21. Home Occupation. A lawful activity commonly carried on within a dwelling.by members of the family occupying the dwelling with no servant, employe or other person being engaged, provided thats a. The residence character of the building is maintained.' b. The activity occupies less than one-quarter of the ground ' floor area of the main building. c. The activity is conducted in such a manner as not to give an r., outward appearance nor manifest any characteristic of a busi- ness in the ordinary meaning of the term not infringe upon the 45 vC ,!Y _~~;:.n5s_'.k. o`>:1 #L1'' •a5 :K:.t~y..j.t'C if?'xs m.ii:R..... i,.r:'M.t;9,r.:..o't.........U-.y. ;AR>: ~ i f. Definitions - 280 i.,.. right of neighboring residents to enjoy the peaceful occupancy of their homes. 22. Hospital. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. 23. Hotel. A building in which lodging is provided for guests for. compensation and in which no provision is made for cooking in the lodging rooms. 24. Kennel. A lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale. 25. Lot. A parcel or tract of land. 26. Lot.Area. The total horizontal area within the lot lines of a lot. 27., Lot, Corner. A lot abutting on two intersecting streets other than an alley. 28. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. .29. Lot, Interior. A lot other than a corner lot. 30. Lot Line, The property line bounding a lot. 31. Lot Linea Front. The lot line or lines separating the lot from any street or streets other than an alley. 32. Lot Line, Rear. A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular oil other shaped lot a line 10 feet in length within the lot parallel. to and at a maximum distance from the front lot line. .33. Lot Line, Side. Any lot line intersecting or connecting with front or rear lot lines. 34. Lot Width. The horizontal distance between the side lc'- lines, ordinarily measured parallel to the front lot line. 35. Motel or Auto Court. A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, detached or in connected rows,.with or without cooking facilities, for rental to transients. 46 . .1'~'.: Yi.Y rK'v.....+4:4.+.s".. :~.a,k. v:.F: :I.i: ..u. !lp :.ysy;..: ugsp.'.. ,ey+. . .-I .:?.li;y.X HMVt.lfil Definitions 280 36. Nonconforming Structure or Use. A lawful existing structure or use at the time this ordinance or any amendment.thereto becomes effective which does not conform to the requirements of the zone in which it is located. 37. Parking Space. A rectangle not less than 20 feet long and 8.5 feet wide together with maneuvering and access space required for a standard American automobile to park within the rectangle. 38. Person. Every natural person, firm, partnership, association-or corporation. 39. Sign. A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service,an assemblage, a solicitation or a request for aid, or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered • to be a sign. t 40. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the.top story shall be that.portion of a bullding included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above the r basement or cellar is more than six feet above grade, such basement t or cellar shall be considered a story. Street 41. The entire width between the boundary lines of every way r which provides for public use for the purpose of vehicular and padestri.an traffic and the placement of utilities and including the terms "road", "highway", "lane", "place,", "avenue", "alley" or other similar designations. 42. Structure. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the . ground or which is attached to something having a location on the ground, ' 43. Structural Alteration. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or the roof. 44.. Trailer Coach. A building or vehicle originally designed or presently constructed to be used as a human dwelling or lodging r. place and to be movable from place to place over streets. 47 Definitions - 280 45. Trailer Park. A plot of ground upon which one or more trailer coaches occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accomodation. u 3 46. Use, The purpose for which land or a structure is deaigned, r arranged, or intended or for which it is occupied or maintained. k 47. Vision Clearance Area. A triangular area on a lot at the inter- sectirn.of two streets or'a street and a railroad, two sides of i3 which are lot lines measured from the corner intersection of the A. lot lines for a distance specified in these regulations. The Y third side of the triangle is a line across the corner of the lot k joining the ends of the other two sides. Where the lot lines at ~x intersections have rounded corners the lot lines will be extended in a straight line-to a point of intersection. The vision clearance is area contains no planting, walls, structures or temporary or permanent obstructions exceeding 30 inches in height, except occasional tree trunks or poles. The vision clearance area shall be measured from the,top of the curb or, if there is no curb, from the centerline street grade and extend upward 10 feet. ' R 48. Setback or Yard. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance. - t 49. Setback, Front Yard. A setback or yard abutting any street other. than an alley and measured horizontally at right angles to the h front lot line from the front lot.line to the nearest point of the building. `a •k 50. Setback, Rear Yard. A setback or yard abutting therear lot line and measured horizontally,at right angles to the rear lot line from the rear lot line to the nearest point of the main building. ` 51. Setback. Side Yard. A setback or yard between the front and rear yard measured horizontally and at right angles to the side lot line from the side lot li:xe to the nearest point of the building. 52. Yard. See definition 39, Setback or Yard. ~0 48 `1"M y'4 ~•?,(^~;ryrx.>.. ~;S ..^n;• ~n ,t„x ~:ar. x?arcr .aan ok~w.,• :.a;~•~ ..{,,C •:qeb s .'(`'o;. ''r x-t •ts{ a.. I ' z `yNc a.'Yi ~~+E,:1;•%~1';r;;~+ ;°':'da , A .`~4;~.: -yk ~.l 'r•S~p!~i~ C i6',,`~ J, t~~~~• N c~ a~~,~ s t ~'k,. ,}th d~y3 r rr4,: k> r *lk , rtYrp • a JJ t ~~Ta 4. t ._:PUwd.4~! 6k:J~i YY i ~ ~ u.. t +~•},~fl t.. k.:76~..yawu, Y.1w:::t~iiw`:::r.+'•. `cSiatY +~;t..i'~ti.wt~a.'.`.uaSealai~~i'~.~st4if~"~~'~:~.7s~rd~^. ,..~x'.c"i~+x:.:;.:. x~ t Cp 1 SECTION 29.0 REPEALER Concurrently with the effective time and date -of . this ordinance.,'. Ordinance. Nd.6-3-6 enacted by. the ..City. Council on May 13, 1963 and Sec.ti,ons 5 and 6 of Ordinance No.63-E enacted by the :City Council -on June: .24.,. 1963, and all sections of any other ordinance heretofore . enacted by. the .Couuncil in conflict herewith,' be., and the same are, hereby. repealed and shall have no. force or effect after. the. effect= ive time and date: of this ordinance. s, Effective'Date This Ordinance shall.become and be effective on and after the 31st day from its passage by the Council and approval by the Mayor. PASSED: By the .Council, by unanimous vote- of all Council members present,'after.being read three times by title and number this 13th day of March, 1967. eed er - city o Tigard APPROVED: By the Mayor, this 13th day of March, 1967. Mayor - Ci y. f and { e 'i•'• ' fi'~1 er.. 3L°~,}"itY { i~q~' ,v'~4` ~'Y"~ i, r'.. `,'nyt va ~a•:~ ' ra max': t~ ,;~:xy S~. 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'FF`F ✓l::lt. :;:fi%.'. ,1 i~, :I,' d+9 ✓w r~?r~? a, ,v:~t: •li~aV.: ':rI'~:-:•"' }sF 418Sa 4 vl•'~, ~ -}]1 t t~:"4r«17.ta",tb:i`~;.sl r, rFrrw: R A +r.rnnrnrrwrt+n++r+tnu+aftf/itt lfNlNUi111N►IIHNIt1111111 U,ahl I1wh l"Iflium 011g1I1Ii1liLLlitslitll1li11IHfN►H1lNH/fl►{fl1Rft{NNHfINffiNiHINNV !L Imm 'L I ~r .5 • ~ O~1 J . • , 1 CITY OF TIGARD, OREGON ORDINANCE No.69- 36 ; { AN ORDINANCE P.MFYING AND Cliff IRKING THE AP,.PI+I.CABIL.ITT-OF THE CONDITIONAL--USE PROVISIONS OF ORDINANCE No.67-21 "^ITX OF TIGARD ZONING __0RDINAN_CE OF-19-67R *AS_ AME?1DED, TO CERTAIN" SIGNS AND-BILLBOARDS; DEFINING SICA$~AND SILL$OARDS AFFECTED HEREBY; DEFINING RND PRESCRIB- ' ING ADDITIONAL LIMITATION REQUIREMENTS FOR CERTAIN SIGN- A. BILL- BOARDS; PRESCRIBING LIMITATIONS ON DURATION AND PROVIDING FOR THE CESSATION OF NON-CONFORMING SIGNS AND BILLBOARDS; PRESCRIBING FEES 4 AND PENALTIES; FIXING EFFECTIVE DATE AND DECLARING AN RMERGENCY. THE CITY Ov TIGARD ORDAINS AS. FOLLOWS: F t Section 1: The City Council finds that undue activity is occurring with.respect to the construction of certain signs and billboards in the City of Tigard and"that applications for use of property for such purpose have been approved by the City without due . regard to the procedural requirements for conditional uses under the provisions of Ordinance No.67-21 "City of Tigard Zoning Ordinance of 1967" as amended, and the Council desires hereby'to declare, ratify and confirm the applicability of such provisions. >r Section 2: That the Council further finds that it is necessary to i promote the public health and welfare and to predlude unsightliness and to secure provision for adequate light, air and access, that additional regulatory provisions be adopted forthwith f with-respect to the use of property for display and advertising pur- poses through the media of certain signs and billboards. Section 3: DEFINITIONS: Unless the context of this ordinance other- wise requires: (a) BILLBOARD or SIGN shall mean a structure either G'( free-standing or superimposed upon a building or ..A other structure, which is designed for, and has surface space provided for, the display. of adver- tising either by posting,.painting or. affixing of advertising materials publicizing products, services, slogans or information designed for public viewing, +'t not directly related to the use of the particular property upon which the display is located. (b) BUSINESS OF OUTDOOR ADVERTISING shall mean the, business o constructing, erecting, operating, using, maintaining, leasing or selling signs or X space on billboards, but does not include the placing, erecting, constructing, using or maintaining oft any property of signs or billboards pertaining exclusively to the business conducted upon or utilizing the tract of land upon which such sign or billboard is displayed. ..s 14 Page - ORDINANCE No.69- Lr Section 4: EXEMPT SIGNS. y. (1) This ordinance does not apply to signs (a) Erected and maintained by or under authority of k any federal, state, county or city authority for the purpose of conveying information, warn- ings, distances or directions to persons upon the highway or throughway. (b) Erected and maintained by any public officer or I: body for the purpose of giving a notice required by law or by a court. (c) Located within 300 feet of the advertised business, advertising only the name or nature of the busi- ness being conducted on, or the products, facili- ties, goods or services being sold, supplied or distributed on or from the premises on which the sign is located. (d) Erected and maintained by a public utility for the purpose of giving warning of the location of an underground cable or-other installation. (2) This ordinance shall not be construed to permit the erection or maintenance of any sign that is prohibited under any law of the State of Oregon. Section 5: OCCUPATIONAL PERMITS REQUIRED:. Any person or organiza- tion conducting or inten ling to.conduct the business of "outdoor advertising" as hereinabove defined, as a condition pre- cedent to the issuance of a conditional-use permit, shall comply with the requirements of ordinance No. 63-5 as'amended by Ordinance No. 65-13 relating to the licensing of trades, shops, occupations, pro- fessions, businesses and callings, and shall pay a business license fee here:)y required and prescribed in the sum of $25.00. Section 6: CONDITIONAL-USE PERMITS REQUIRED: No person or organiza- t on shall construct, erect, p lice, use or maintain on any land, tract or lot within the City of Tigard, any sign or bill- board as hereinabove defined for use in the business of outdoor ad- vertising as hereinabove defined., without first complying with the procedures required by Ordinance No. 67-21 "City of Tigard-Zoning ordinance of 1967" as amended, with respect to conditionai uses, and then only after approval and in accordance with the requirements of Ordinance No. 67-21 as amended, and all conditional uses which may be, authorized shall otherwise conform to the requirements of the zone class- r ification applicable to the lands upon which the business of outdoor advertising is conducted. w Section 7: COMPLIANCE WITH BUILDING CODE: No person or organization shall construct, erect, place, use or maintain on any land, tract or lot within the. City of Tigard, any sign or billboard as hereinabove defined for use in the business of outdoor advertising x.. Page 2 - ORDINANCE No. 69- d,3' ~N. as hereinabove defines, without first complying with that section of Ordir.snce No. 67-53 "Building Code" pertaining to signs, as set forth l in 111967 Edition - Uniform Building Code - Volume V - Signs".. Section 8: SIGN AND BILLBOARD FEES: No person or organization shall engage or continue in the business of outdoor advertis- ing whose activities include construction, erection, operation, use, maintenance, leasing or selling of display space or display services on any billboard or sign as hereinabove defined within the City of Tigard, without first filing an application for a permit from the office of the Building Official, in such form as that office may prescribe, for each sign or billboard to be so constructed, erected, operated, maintained or used for the leasing or selling of display space; to be accompanied by annual sign or billboard permit fee as follows: (1) $2.00 if the advertising area does not exceed 50 square feet (2) $3.00 if the advertising area exceeds 50 but does not exceed 200 square feet (3) $4.00 if the advertising area exceeds 200 but does not exceed 500 square feet (4) $5.00 if the advertising area exceeds 500 square feet but does not exceed 900 square feet (5) $7.50 if the advertising area exceeds 900 square feet but does not exceed 1,200 square feet (6) $10.00 if the advertising area exceeds 1,200 square feet Section 9: PROVISIONS APPLICABLE TO PERMITS: REVOCATION OF PERMITS: (1) Permits shall be issued for the calendar year and may be renewed by payment of the applicable annual permit fee for the new year without the filing of a new application. Fees shall not be prorated for fractions of_the year. Only one sign permit is required for asign with multiple display surfaces. Separate permits are required for separate signs. (2) Advertising copy or the display surface or display surfaces of a sign may be changed or cutouts may be attached.or re- moved without paying an additional fee or obtaining a new permit; provided, however, that a new fee is required if the advertising area of the sign.is increased beyond that for which the original fee was paid, and no portion of the original fee shall be applied thereon.. A new fee and a new permit are required for a change in location or for the reconstruction of a sign-'and no portion of the original fee shall be applied thereon. Section 20: SIGNS TO BE MARKED WITH PERMIT NUMBERS: The Building .Official s a ass gn to every pelt Fssued by.his office a separate identification number; and each permittee shall fasten to each sign a weatherproof label or marker which shall be furnished by the City and on which is the:*•permit number. The permittee shall comply with regulations issued by the Building Official's office as to placement-of the label or marker so that it may be seen from the highway. The absence, from a sign, of such a label or marker is prima facie evidence that the sign does not comply with this ordinance. Page 3 - ORDINANCE No. 69-__ Section 11: REMOVAL OF NON-CONPOEL41NG SIGNS: . , (1) No sign prohibited by this ordinance shall be erected or maintained except as provided in this section. (2) Any sign lawfully erected before the effective date of this ordinance, and not conforming to the provisions hereof, shall be removed by its owner before seven (7) years after the effective date of this ordinance. e Section 12: REMOVAL OF SIGNS NOT COVERED BY PERMITS OR NOT MAINTAINED BY LICENSED PERSONS: (1) Any sign in violation of this ordinance hereby is declared to be a public and private nuisance and the Building Offietal may en-er upon private property and remove such sign after notice, if any, as hereinafter required, without incurring any liability therefor. (2) If the sign does not bear the name and address of its owner or if the owner is not readily identified and located, the Building Official may remove it immediately. (3) (a) If the sign bears the name and address of its owner, or.if*the owner of the sign is readily identified and located, the Building Official shall notify the owner that the sign is in viola-- f tioxi of this ordinance and that the owner has thirty (30) days from , the date of the notice within which to make the sign comply with i this ordinance, or to remove the sign, or to request a hearing before f the City Council in accordance with the procedures set forth in f ordinance No. 67-21 "City of Tigard Zoning Ordinance of 1967" Sections J 250-4, 270-2 and 270-3 pertaining to appeals from denial of appli- cation for conditional use permit. (b) If the sign is not made to comply with this ordinance, or is not removed, and if the owner does not request a hearing.within the time required, or if the owner after a hearing fails to comply with the final order in the proceedings, the Building official may remove and destroy or otherwise dispose of the sign. (4) The Building Official shall, after removing a sign in accordance with subsection (2) of this section, place it in storage for 30 days while he makes a further effort to find its owner. If the owner cannot be found within that time, the Building Official may, without incurring any liability therefor, destroy or otherwise dispose of the sign. If the owner is found within that time, he may be re- quired to remove the sign from storage; and if ha is found at any time, the Building Official may recover from him the cost of storage. This cost is in addition to the cost of removal under subsection (5) of this section. (5) The owner is liable for, and the Building Official may collect, the costs of removing a sign as determined by the Building Official on the basis of actual costs of removal or on a square foot flat fee basis. (6) If a sign does not bear the name and address of its owner, the advertisement thereon of the goods, products, facilities, C " services or business of a person or commercial enterprise is prima facie evidence of ownership of the sign by that person or commercial enterprise. Page 4 - ORDINANCE No. 69-,d~ k. is n-- a • . •j '14 , I Section~13: PENALTIES: Any violation of this ordinance, upon con- e ct on, shall be punishable by a fine of not more than . $100., or imprisonment for not more than thirty (30) days, or both. The provisions of this ordinance may, at the option of } the City, in addition to the penalties above prescribed, be enforced by injunctive proceedings in the Circuit Court of the State of Oregon for the County of Washington, and In any such proceedings, in addition F to all other remedies, the Court may allow such sum as and for the City's costs and attorney's fees as may be just and equitable in the premises. Section 14: VALIDITY: Should any section or provision of this ordi- nanee be deterz ned by a court of competent jurisdiction to be unconstitutional or =nvalid, such decree shall not affect the validity of any other part nereof or the remaining portions of this ordinance as a whole. Section 15: EFFECTIVE DATE: Inasmuch as the City of Tigard does not now have any effective control with respect to the sub= ject matter of this ordinance, and it is necessary for the peace, health and safety of the people of the City of Tigard that provision be made for regulation of outdoor advertising and the erection of i signs and billboards, as herein defined, without delay, an emergency r.i is hereby declared to exist and this ordinance shall be effective, upon its passage by the City Council and approval by the Mayor. y PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, F.This 14tb day of April 1969. . Recorder City 0 .71 ar3-'- 9 x APPROVED: By the Mayor, this 14t day of April , 1969• .a ay r City of T1504 a~ Page 5 - ORDINANCE N0.69%;~? w` r CITY OF TIGARD, OREGON ORDINANCE No.70- 3,,2,_ AN ORDINANCE An~ING THE BU2-tRT OF THE CITY PLAI3I tG_aOM_MISSIflN WITH RESPECT TO REVISIONS AND AMENDMENTS TO ORDINANCE NO-67-21 AS AMENDED, ORIGINALLY ENACTED BY THE CITY COUNCIL ON MARCH 13, 1967, AND ENACTING OR RE-ENACTING REGULATIONS AND RESTRICTIONS WITH.RESPECT TO HEIGHT, NUMBER OF STORIES AND S192-10F BUILDINGS; THE PART AND PERCENT- S AGE.OF ANY LOT THAT MAY BE OCCUPIED; THE-IZE-'UF YARDS, COURTS AND OTHER OPEN-SPACES; LOCATION AND USE'OF BUILDINGS AND-PREMISES FOR TRADE, INDUSTRIAL, RESIDENTIAL AND OTHER PURPOSES; DEFINING AND RE-DEFINING DISTRICTS AND THE BOUNDARIES OF DISTRICTS; PROVIDING FOR CHANGES AND MODIFICATIONS TO THE REGULATIONS AND RESTRICTIONS.REGULATING NON- CONFORMING USES; DEFINING PERTAIN TERMS IN CONNECTION THEREWITH; PRO- VIDING PENALTIES FOR VIOLATION THEREOF;-PRESCRIBING,EFFECTIVE DAYS; REPEALING ORDINANCE No:67-21 AND ALL AMENDMENTS THERETO EFFECTIVE WITH THE EFFECTIVE.DATE HEREOF, AND DECLARING AN EMERGENCY.. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I - PREAMBLE Section l: The City. Council finds that for more than a year last past the City Planning Commission and its staff has conducted a searching review and re-study of the zoning pattern and land use map of the Tigard area, giving particular regard to the trend in use and development .of.lands, and as a result thereof prepared a land use map; and the Council further finds that the City Planning Commission and its.staff as a result of said study and survey has caused to have pre- pared a re-draft :of the zoning ordinances of•the City of Tigard embody- ing therein proper and current provisions of Ordinance No. 7-21 and. amendments, and, after due and legal--. notice, the Planning Commission held and conducted a public meeting and hearing with respect to said revisions.and recodifications on May 19, 1970; whereafter the Planning Commission recommended to the City Council the adoption of the recodi- G-. ficati.on of the zoning ordinances of the City of Tigard. Section 2: The Council further finds that the Council reviewed the proposed recodification as redrafted by the Planning Com- mission and by resolution duly passed at its meeting of May 25, 1970, a hearing was called to.be.held with respect thereto.on June 8,1970; and the Council further finds: a) That said meeting and hearing was duly and regularly held on June 8, 1970.and by motion duly made, seconded and passed, said hear- ing was continued to June 22, 1970. b) That-on June 22, 1970 further hearing was conducted, and by motion duly passed, said hearing was continued to. the regular meeting t of the Council of July 13, 1970, whereat further hearing was afforded interested persons, and on motion duly passed, the hearing was con- tinued to.the Council meeting of July 27, 1970. fi c) That at the meeting of July 27, 1970, further hearing was afforded all interested persons with respect to recodification of said zoning ordinance, and on motion duly passed, the hearing was con- tinued to'Au ust 10, 1970 when further hearing was duly and regularly . S s held. Page1 - ORDINANCE No. 70- 3d1- - y S • :.+.v!«y.+x.!+y.wn;+^..w!..,!...!'1y -;"r-..a...a:n..vJc>:, .p., ..A,w .v:+y°*^n'+r- a.rP •'?E: . . . - ..rn _...m. vn»... tai' 1 A, 1: ' { d) That at all of said sessions, the general public and all U; y' persons particularly interested, were afforded adequate opportunity to be heard with respect to the proposed adoption of said recodification of the zoning ordinance. e) That with respect to each of the public hearings and con- tinuances thereof and the purposes to be thereby served, due and legal notice was given in the manner provided by law and that all proceed- ings were conducted infaccordance with the requirements of Chapter.227 Oregon Revised Statutes. Section 3: The City Council further finds that the said report of the Planning Commission and the contents of Ordinance No.67-21 and all amendments thereto and the zoning districts.thereby defined, are in the public interest and are reasonable, proper and necessary for the health, comfort, convenience, preservation of the public peace, safetYa morals,a order and the Public welfares and the regulations and restrictions are appropriately designed.to protote.the public health, x:. safety and general welfare, giving reasonable consideration among other things to the character of each of the districts involved, its peculiar suitability for particular uses, conservation.of property t values. and the direction of building and use development in accordance ' with a well-considered plan, and the Council further finds that said tegulations and restrictions are uniform for each class of buildings throughout each district and are designed to secure'safety from fire ` and'other danger and to promote public health and welfare and to pro- -vide for adequata.light, air and reasonable access, and in all manner ' of things eonform to the requirements of law. e.e e.t e e e e,e f*~ e e e* e e SECTION 29.0 - REPEALER Concurrently with the effective time and date of this ordinance, Ordinance No. 67-21-enacted by the City.Council on March 13, 1967 and . all amendments, to same heretofore enacted, and all sections of any other ordinances heretofore enacted by the Council in conflict or inconsistent herewith, be, and the same are, hereby repealed. SECTION 290-1 - EFFECTIVE DATE Inasmuch as it is necessary for the peace, health and safety of the people of the,City of Tigard to clearly define and establish with- .out delay the revisions and recodification of.the zoning and land-use regulations of the City of Tigard and to provide a legal means of con- trolling the location, development, use and occupancy of land and to f. protect the public health, safety and general welfare of the people of the City of Tigard, an emergency is hereby declared to exist and this Ordinance shall be.effective upon its enactment by the Council and approval by the Mayor. PASSED: By the Council, by unanimous vote of all Council members after being read three times by number and title only, this 2 th day of August, 1970 Recorder- y Tigard L' APPROVED: By the Mayor, this 24th day of August., 1970 Mayor City of Tigard 1:r . 1 .~e.vt1vm M TZS RIW W.M. . 71 t tc ; 1' 1_ 1. I L ' ro ~ N N ~ v y n ~ J 7 -7 {I`DuRHAM A RE 5 _ ~ ' ~ 1 1111 rkYt1 ',Y •;IMICkLIM .OLC 1 --,1 y O ( A C E Ss n a s. y G A D 1 N ii{ u 's t " ■ - - FANNO CREE ACRE~I`-gA~ , eE y n • b ~ n a+ti l KA LEjACRE :TROCiTS I ■ ~ p t M k 1A i f V. -D011lURN ~ vL~CC ~ ~ ~ • r al N N ro I`{ { is N ~ N 11 { ro { ■ ~ rV-~ k A .I .t ~ I 1 I / - - . ■ ■ 1 f 1e t• t 7 • t1 i j 12 29 • kIM.; / 14 1 M 1 8 ON )2/r }wYyvwl'1rw1Y'w'•'I,w'uP^Wry+'Pn1'np~9limin4!~ruM'I'nw4ny.vlawl~.W........-..... ,mow11v1. oa 1140 m1w W.M. 1 x7 26 1 SCALE I'- E 26 Q 2 . 71 _ 1 _ cTS w.ooo 36. 22 Kglu 0 \ _ ?+~~Nr rN.w a Inau.r -sr~t[~ - I ' I r` ll~~~ _ r n • f II,' : I p y _-_•.yt 8 - . 7- 111 S :6j }art ♦ 12 " - •I~ la . 15 • - 17 • to., Is as/ Nw w mwr , jil h _ - - lop t t i h\~~/ I 6I~ I ' I y 53 7d - jA5"BROOK FARM 55 r F "Pt III u i I ~ ~ ~l 1:4N657Aii ~9L ~ ' ' • , - . .j' f~P Q ~ ~ I ~ t• j • .ONN L MILNLIN~CI.G 61 ~ ~ i ~4 \ 1 -rj $I x~ - 17 1 p . 36 Is IV 3 , 2 ao . ON. 38':T RIM vi ~ 2 ? 1 SECTION 4 T2s R1W WM. W 33 OCAU f, lad Y's il,w 33 34 i t Yf r60•s 8 ~ "p 3 _4 4 ff i 1 ii ! _Wwax WE I i i l ! H'A N' ' ! A iC N;E j 1 I . o . r . r a n r ~ ~ r n• a' a • '4 7 r ii......_ 1 ~rl ~jl I~ I' `fir F ~ - 't~:• -0. rl,.'- _ .,.y , 1,66 FLAMM KING CV57AYC7S mrs.m m eodm w a cs crn v +ww - - .wo,e..o atvto. lee-., nonrto mw i.-u. I'M n >e mn mom. a eO ue. er amen UM eeesleq•Neme M7 lfrn ' ` R-30 w4GLE FA►mr RE9UEN tAL een er :s.u R-15 smau FAmLy RESIDENTIAL e1 R-7 SMGLE FAmy RESIDENTIAL A-2 mwr-mmia RESIDENTIAL C-5 LGBTED Mows RN m CDMNERCLOL ,..''4. C-4 NEimmoR11m CmIweRCNU. C-3 Of OaL C %UL M-4 m urmAL Fww M-3 UWT 10"TIAL { M-2 GENERAL OWSTMAL ! I I i f C' er eL Q L a SECTION 36 TIS RIW W.M `4r v,.% SCALE r. goo' 25 251 30 35 .36 _24..1 25 -29- P; 31 r , I~ ea a; T _ar. • _ we uAr • ~ ~aE' _ • -_ttE[[r _ , I~I '-1 -41 ar. I•wc 4 •a' worAS Aron ' ~ aja ' F e[eA r,nlAro•ow aLC , : I r i q - I . w Ig - 1. 11 - r - "AYI AA ar~ U ~ I ~ r J p . n 3 I 9i . I ~ J ' v a . • rl ~J II -alwror. 21 I 36 31 r : "Mom 16Ind R 1W N6Y A e~ ~ ueljaas ~ I runie°"m+e'+a iee±~xmi~us i, e'O"miwas`s"~.u@o.: is•v. 7f~INb ,e ~n mo exa a > x.d + Of 2VbWNG DISTRICTS . n,aerx.......r x., u,.. k Co.- &TV ctn v:xaue R-30 SINGLE FAMILY RESIDENTIAL 4, X R-15 SINGLE FAMILY RES!DEt. IAL • `•°J'~'°°" R-7 SINGLE FAMILY RE;IDEN-, .L 1 A-2 MULTI-FAMILY RESIDENTIAL C-5 UMRED NowaORH000 ODMMERCIAL C-4 NEIONBOWIPIM COMMERCIAL I _ I A, C-3 GENERAL COMMERCIAL =a- ^t M-4 INDUSTTUAAL FARM M-3 LIGHT MIDUSTIAL YFC M-2 ORAL.INDU$TRIAL r' tt .mss! r .r •r L 1h.. O r' 1t - i ^T t 7 acs.:Aj!'t ~ I 'y t ~ r s..t?~1~'~.~*~!;~}r1 Ql-1 ~r~k ~+b An .:~a✓:~~r .i` r a ~'i.,:;r a~'±~'~~..`swt4 ~ ~ 'T^. . Yr`>• §k~at. .v~V. Mr: b' ~Srid~`y+ "far x wit t. F' ~ ',i,> v.a:'; ~ ' 3 1 l rr S4 7[ 13G .te F' f 444r " r: .l, +;~~i, rfi N'w'3 ~:=i ~yK•>,l,- ..~7 •,,}~r,'at~1f'":.~v1;.F~j~~.: h f t `N k ~ l l: 'n f r r ',WW'. K'; ' . j~ e. 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Y. / soy t OF SING DISTRICTS y ~ fro ,gyp, .nw R 30 SWGLE YAW,' R-15 tmt,iLE FAw a s' vt: f y` z n-rArra r ip,GTEp r y,MfG4, CJ LN.tl1.4f.A.. 5 gEIGNBOt+~rovvEUG<a:. c.4 oeNERAL COW 2 YAL r M.4 Mou8TN1AL wMc f M•3 UeNt pWSTtAL SAL 1NU i; rRiAL P { 4 ^ ;4Yv m pmt A ♦ al . ' f Y • tD C ' V $EOTi S 'RIME 111 Yr•t. X11 d1 r f v~ ` I o t \ I) ~ yyf 'r. *•y R. • • CC-r > ' I ICNO Nf16w+ ftnt- OWL I I I I .J X.~~YiB N I r / I •a! anti: n•t•r I '•--I ~ gg : W1 14.~q LIL _ , - 1~ r n rr ~ nP x I w r I:.'r ~ I , ow. --sy IT- ' ° ~`r ~~I r a o n r~ r. r n i ~V t tt I f rr ~I ~ ~ 'a T~sr I Pat mEq y f e T W .A, ~9 CPU IWO Ii 4r . I W 1 y ~ , i as,~a ^t Ir'*^ T.-.-.. _ ~ c.'. •w~',td4+ufi>5,..;.'ari`,S't qly ~d 4, a Su'~ T-k :q e+~ i.P; I, .a r ,aF ";a a a . s QQ' 1°. PV, ~io ka ~ i•;.:M , ~:V~.,<' Poor Original SECTION 10 T2S R I W WM. 1 3 SCALE 1'. JW 3 2 ~a•se >a a I T w l; i • ~ 11 r Y M - tl 1 ' • u, x I y st`fN ' i~PP r• y' ~ ' I I 't s 4, yrr ' m d•' , I • I • r - - ' % • • i - 6 \ WILLOW- BROOK FARM n. •~i } Cob W . i 4 . fffT . • ` p l C.i t t / t t jIIi• tii t - - ...[Y= bL7iRY '1fA - - - 9dfr " - jSECTION 10 T!S RIw. IS K YI r evip..V v ~N.. ,5 . , ~ -sly. tin , 5Z 1 e. N 4►^ 1111 ,k 'U N V W r~.rf't*; 888 0 - Poor Original SECTION II T2$ RIW WM. 3 2 / SCALE 1• • goo' , 2 8 1 10 12 7IJ i . YOUNialr• I M - U 'a I a ' L• • I L I ~ i'I ( 1 i • u vw Tall a eir f~ls. " r< vl u n 1 r l a s ~ i:' I' M1 S I II I i •I a ITS IAi E' i 1 III y if a i $TRW S Y! .yc.fY" ~ .d" M t ~ ~ ' ~ ( • f YI Ia1T r .r _x ~ z"C' S 'tk!(~: ~ < wi fit fa. cc.. v(~ Dal .[.r...~ I ooh 0 vl e_v ! I e s is I la e ar _ aAa`a E7 A L D E R S R: 0 K ~F A R M e III I e 1.9 I yl I a 4C t5 Y. dl i o' v I ~ o t II I 1:1 Is AS V I a0 I It I 10 11 ' 1 II 12 'bpw 15 1 -^aar 14 SECTION 11 TIP R; w W M. \ 14 13 } J r 1 to Aft 4 yi ~i~~ SF 2~ b'~ 2 'eYs, l• y 4FC 4 t r 5 f ~ ' h r ~v ~ '4 s ~ \ ~ Y rt Int1w W 'A w p a l% r Poor Original ',':.Yr;•'^., ■ ~I ~ II s i ty . f M a' et s K ~yy F * A t y,. S J } t 1 4 n ~ F '7 47-miiws "m o ql~ we s= vw wry. ~'i< ~ r ~ . . ~a•~~~kH., ar le s:Ium ii/YSa ~ 30 SPIfiE q,E(l.► ~EMiWI ;t f F R-15 =ME Reply FEBODMAL y _ I 'L6ZT 5~._. C-a GDOUY o0Yr1E ILL Lam sue: OP tr 3 zt Y f a 7 '~z, 7- `7 g,j ~ is ~ J•'~ ~~j s ~ 2 ~h - f O f f 4. i low, V., - T • - M V y~ r i ~ s P ~.f ~'s.I i1~ Y,;J, +t'~~~t' J~,( if~^ s t ~M'"~~a 1if . • ~ i kx ~ y'u t ' ~4 yy YNi k 3T4 ~ . ~ .D R T ~L • [ wCNU[ k'nF i ~ ~ ~ , ' M T `S S 4. n ,r.. L p C A pA p 5 4 y(qy' ~ rf l ti i t s { t?f i" ~qqs x 4 _ B " f ~a t t v t m,a r ~r a a a ~ 4 n ( A4 tr t' C1 f G l 4° ~ a D 4 P , s7 il4 ` a ~~~fff ~ _ •T e . le ~ tR_ ~Y~s~!h. E r1,J{t ?`t ~c~N: `~T ta, ~ Ws_ ! Yf F m 1~~, v~ H l ~s - ,.,.•t,~,,r.,. , .ci~n ~`:f. ^~Jxv,~. ~~~iNN:'irt'~'d~Glt.t'v.,. ct r I F k lr t ' 4r 4'l1 V O ~L.~i A ' r a z-mn.,-....-:.-,..sir. x;~.>~-.,i~ ..............avn,•,. ~r ' Q. ,r: ;t,. K e ' 4• X CITY OF TIGARD9 OREGON ORDINANCE NO. 71 a AN ORDINANCE RELATING TO OUTDOOR SIGNS VISIBLE FROCK PUBLIC PROPERTY OR FROM PUBLIC RIGHTS-OF-WAYag PRESCRIBING REGULATIONS AND STANDARDS; PROVIDING FOR ADMINISTRATION AND PROCEDURES; REQUIRING LICENSES AND THE PAYMENT .OF FEES; REPEALING ORDINANCE NO. 69-35; PROVIDING FOR PENALTIES; PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I GENERAL PROVISIONS Section 101: PURPOSE AND SCOPE. The City Council finds that to protect the health. safety. property and welfare of the public, to improve the neat, clean. orderly and attractive appearance of the community, to improve the effectiveness of signs in identifying and advertising r businesses, to provide for safe construction, location, erection, and maintenance of signs, to eliminate signs that demand rather than invite public attention and to-prevent proliferation of signs and sign clutter,, and to minimise adverse visual. safety factors to public highway tra,elers, it is necessary to regulate the design,, quality .of materials. constrs~ction, location, elec- trification. ill*,xmination and maintenance of all signs visible from public property or from.public rights of way. This ordinance shall not be construed to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance or state or federal law. Section 102: SHORT TITLE. This ordinance shall be known as the "SIGN ORDINANCE" of the City of Tigard and may be so cited and pleaded and shall die .6ferred.to.herein.as This Ordinance. Section 10, ; DEFINITIONS. For the purpose of This Ordinance, words,used in the present ' tense include the future, the singular number includes the plural.,. Page 1 -s 1 e~ ~K k R .rY.~ t'R _ y - z ~ f'tia p.. n,w,'+ i , y.Sw4~ ~'.FA X514 -°~'C.'w,~ ~l .3y:~Ra~'7~ „tlit 3. oa ,6U e,. 4 S`x . , + .'r..a:, ,4 Nx < ~ ~ r &I r Vv ' ~ n 5 ~i, .fy ya r el Syr gvr'~~ y 4 f: t b ous =vote o* X8:11`#owcil , members present 9 after he ngr ;reac tYiree Mimes <byAjnumbO :and title only, this l.lth day ' of January fl 19710 eco -der o o ga le, APPROY~'Do By the MayorQ this 11th dap of Januar)vq y 19710 r ny o Tigard -Yy x u f 3 rc y, ~ Molt ~ ~ . ,K 4 v !Cy r{:s+br (i~cp`';hrr}, „ rf t P096;, 3'~ _ LY ~,~y ' ~ Ir ~~'Y 1'Sr 4~ { ~ ~n,i;trx~ } r t+•"'Y ~ ~ i wt ~,rq ~f ~ `L?. ,r"G{~~~t ~ k~~ii ~2~+ ay~~♦1♦; ~~f`~e w~n•~ia, ° e'~'~c i~}~ F ~ tt~ " f r n~ k t \ 41 A.r xi..y+'A ij9 0 1. (ors' S " +`'b 't 7h,S I''S"7. iM R ~x• -#..~V'.rli Y y ~s ri & 4t ~ ~ 'R µ 'n R~ y~•w_. + .YbvG 'b~'. '4 r" r c f-` ' t .~h y~ t..~ rZ 't'x 4.;;? v . `yy q 1 : L' .gw k i a 5 fa Fr )c p~ ~t'>r.F~ ~a+ re {.i $3:. x` "'¢-r,oV J 'r 7 ri z r ,t, iM.y ~7 r d i t?,~ "s o;it "7Ct ~ S`AS'S n~`v ~+..F' C n j a 4 •fa ~y k, r a •rt gt. Sn "n`F! i. iH4 rp ~k''. ~ ;w•fx P~..:.n.:~. ~y, a4 M-a~~~~'~~ ~i k~ ~ ~~t a t f ~n~•r ,r 'V~ •'f ~ . f A,t : > v t z ..u, t~L~' ~ `~M9 ,,~vyt'~"M1a`~,.1. 'Avg S" SS'Y ~t,'t+~~ ~4;ur kY'.`'na~4 Y wt i~,~' i (~-A^ ~ i is 5~ :'+Fr ~ ik K , ~ s +,}ro.'~7,a •s~~,t,`sxi~. p~, p+3~. 4 ~ ...r .RS•i. ~-~~.kk~i~:+.i~f".. r,~x?'.Y~,,...t~La.+~ uy,~ete ~ ~ ~ r„1~~ 'ti~~n! rte."`. t'M:-`'~ Y;..Y ~gizl', ~rt"~~.~,,~r,e~. .ir-o'.~R♦`r{'i+Nt a•~,.. 6 tiirL '''a ~i ..7i. 'lY~~Rlyi` d.. 'Yt'1~~.1~T.,s u~ 16.04..010 Title 16 SIGN REGULATIONS, Chapters: 16..04 PP~ur_ppose, Title 6 0 Definitions 16.12 Permits 16.16 Licenses 16.20 Identification 16.24 Nonconforming Signs 16.28 Removal Provisions 16.32 Board.of Appeals 16.36 Zone. Regulations .16.40. Special Types of S.igris 1.6.44 Construction and Maintenance 16 6 4- 8w 'Administration' Chapter.16,04 PURPOSE, TITLE Sections: 16.04.0.10 Purpose and scope. 16.0.4.020 Short title. 16.04.010 Purpose and scope. The city council finds that to protect the health., safety, property and welfare of the public, to improve the neat,-clean, orderly and attrac- tive appearance of the community, to •improve.the effective- ness.of signs in identifying and advertising businesses, to provide for safe construction, location, erection,.and main- tenance of signs.,-to elimiriate.signs that demand rather than invite public attention and to prevent proliferation of signs and sign clutter, and.to minimize adverse.visual safety fac- tors to public highway travelers, it is necessary to regulate the design, quality of materials, construction, location, electrification; illumination and maintenance of all signs visible from public property or from.public rights-of-way. This.title shall not be construed to permit the erection or maintenance of any sign at any place or in any manner un- lawful under any other ordinance or state or federal law. (Ord. 71-5 §10.1, 1971). 188 1 16.4.020--16.08.010 16.04.020 Short title.. The ordinance codified in this title shall be known as, the'"sign..ordinance" of the.city 'of Tigard and may be so cited and pleaded and shall be.referred to herein as "this title. (Ord. 71-5 §102, 1971). Chapter 16..08 DEFINITIONS Sections 16.08.010 Generally. 1.6.08.020 Area. 16.08.030 Billboard. 16:08.040 Building official. 16.08.050 Business. 16.08.060 -Business of outdoor advertising. 16.:08.070 Construct. 16.08".080 Cutout. 16.08.090 Display. surface. 16.08:100 Electrical sign. 16.08:110 Externally illuminated sign.. .16.08.120 Face of a,building. 16.08.130 Free-standing sign. 16.08.140 Freeway-oriented sign. 16.08.150 Flashing sign. 16.08.160 Frontage. 16.08'.170 Incidental sign. 16.08.180 Incombustible.material. 16.08.190 Internally illuminated sign. 16.08.200 Maintain. 16.08.210 Nameplate. 16:08.220 Nonstructural trim: 16.08.230 Off-premises-sign. 16:08.240 Outdoor advertising sign. 16:08.250 Person. 16..08.260 Plastic material. 1.6.08.270. Premises. 16.08.280 Projecting sign. 16.08.290 Projection. 16.08.300 Roof sign. 16.08.310 Rotating or revolving sign. 16.08.320 Sign. 16.08.330 Sign structure.. 16.08.340 Temporary sign. 16.08.350 Uniform Building Code. 16..08.360 Wall sign. 16.08.010 Generally. For the purpose of this title', words used in the present tense include the future, the 189 16.,.024--16.08:080 singular number.includes the plural, "shall" is mandatory and not directory and "building" includes "structures" ex- cept."sign structures." As.used in this title, unless the context requires other- wise, the following words and phrases shall have the meanings set forth in this chapter. (Ord. 71-5 §103(part.),. 1971). 16:08:020 Area. "Area" or "area of a sign" means the entire area.within any type of perimeter which encloses the ..outer. limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the.entire surface area.within a parallelogram or triangle, then computing the area thereof. The area of all signs in existence_January 11, 1971, whether conforming or nonconforming, shall be counted . in establishing the permitted.sign area of all new signs to be.allowed for an individual business.-on a premises. Where a sign is, of a three dimensional or round or irregular solid shape, the largest.cross=section shall be used in.a flat pro- jection for the purpose of determining sign area. (Ord.-71- 5 §103(part), 1971). 16.08.030. Billboard.. For "billboard," see "outdoor advertising sign, Section 16.0&.240. (Ord. 71-5 §103(part), \ 1971). J 16.08.0.40 Building official.. "Building official" means the person charged with the administration and enforcement of this title or his deputy. (Ord. 71-5 §103(part), 1971) 16.:08.050 Business., "Business" means all of the activ- ities carried on by the same legal entity.on the same prem- ises and includes eleemosynary, fraternal, religious, educa- tional or social organizations'. "Legal entity" includes individual proprietorships, partnerships, corporations,,non- profit corporations, associations, or.joint stock companies. (Ord. 71-5 9103(part), 19.71) 16.08.060 Business of outdoor-advertising. "Business of outdoor advertising means the business of constructing, erecting, operating, using, maintaining, or.leasing outdoor advertising signs.. (Ord. 71-5 §103(part), 1971). 16.08.070 Construct. "Construct" means to build, erect, attach, hang, place,:. suspend or affix. (Ord. 71-5 §10.3 (part) , 1971) . 16.08.080 Cutout. "Cutout" means every type of display in the form of letters, figures, characters, representations 196 16._.090--16.08.170 or others. in cutout or irregular form attached to or superim- posed upon a sign or advertising sign.. (Ord. 71-5 §103(part), 1971) 16.08.090 Display surface. "Display.-surface'.' means the'area made available by.the sign.structure for the purpose of displaying the advertising or identification message. (Ord. 71=5 §103(part), 1971).. 16.08.100. Electrical "Electrical sign" means any sign containing electrical wiring. (Ord. 71-5 §103 (part) , 1971) 16.08.110 Externally illuminated sign. "Externally illuminated sign" means. a sign illuminated from an external light source. (Ord. 71-5'. §103 (part) ; 1971). 16408.120 Face of a building. "Face of a building means all window and wall area of a building in one plane. (Ord. 71-5 §103.(part); 1971). 16:08.130. Free-standing sign. "Free-standing sign means a sign erected and mounted on a free-standing frame, mast or pole and not attached to any building. (Ord. 71-5 §103 (part) , 1971) 16.08.:140 Freewa -oriented sign. "Freeway-oriented sign" means a sign primarily designed to be read by a motor- ist traveling on a highway designated by the Oregon State Highway Department as a.freeway or expressway; specifically, these shall be Interstate 5, and Oregon State Highway #217, and shall not include. U.S. Highway 99W. (Ord. 71-5 §103 (part) , 1971). 16.08.150 Flashing sign. "Flashing sign" means.any sign which is illuminated by an intermittent or flashing light source or which is in any other way animated so as to create the illusion. of movement without actual physical move- ment or the illusion of a flashing or intermittent.light or light source.. (Ord. 11-5 §10.3(part), 1971). 16.08.160 Frontage. "Frontage" means the length of the property line of any one premises along-a public roadway. (Ord. 71-5 §103 (part) , 1971). 16.08.170 Incidental sign. "Incidental sign" means a sign advertising or identifying associated goods, products, services or facilities available.On the premises, including, but not.limited to,trading stamps; credit*cards accepted or brand names. (Ord.-71-5 5103(part), 1971). 191 ' 1~, .'08.180--16 .08.250 1 16..08:180 Incombustible material.. "Incombustible ma- terial'.-means any material which will not ignite at, or below, a temperature of tw.elve.hundred degrees Fahrenheit.during an exposure of five minutes and which will not continue-to burn:or glow.at that temperature.when tested in accordance with standards..established.in the Uniform Building.Code. (Ord. 71-5.~103(part).,.1971).. 16.08.190 Internally illuminated sign. "Internally illuminated sign. means a sign that has an internal source of illumination where the.light source is not visible from the exterior of the sign. (Ord. 71-5'9.103(part), 1971). 16.08.200. Maintain. "Maintain" means to permit a sign, sign structure or..part thereof to continue or to repair or refurbish a sign; sign structure or part thereof. (Ord.. .71-5 §103 (part) , 1971). 16..08.210. Nameplate..."Nameplate".means a sign.iden- ti.fying.only the name and occupation or profession of the occupant of.the premises on which the sign is located. (Ord. 71-5 §103 (part), 1971:) 16.08.220 Nonstructural-trim. "Nonstructural trim" means the.moldings, battens, caps, nailing-strips and lat- ticing,.letters and walkways which.are.attached to a sign 1 structure. (Ord. 71-5 §103 (part) 1971) . 16.08..2.30 Off-premises sign. "Off-premises sign".means any sign including; but not limited to, a painted sign, tem- porary sign, permanent sign or outdoor advertising sign, which sign advertises goods, products or services which are not sold,, manufactured or distributed on or.from the premises or a sign.which advertises abusiness or facilities not lo- cated on the premises on which the.sign is located. (Ord. 71-5 §103 (part) , 1971). 16.08.240 Outdoor advertising.sign. "Outdoor adver- tising sign". means a sign constructed, erected and maintained by a person licensed to engage in the business of outdoor ad- vertising-and which sign is an off--premises sign supported by a substantial permanent sign structure with a display sur- face or display surfaces primarily designed for the purpose of painting or posting advertising message thereon at peri- odic intervals, and where customarily, although not exclu- sively, the use of the display surface is leased to other persons. (Ord. 71-5 .5103 (part) , 1971) . 16.08.250 Person. "Person" means individuals,*corpora- tions, associations, firms, partnerships and joint stock companies but does not include governmental agencies. (Ord. 71-5 §103(part), 1971). 192 1.08.260--16.08.340 16.08.260 Plastic material. ."Plastic material" means those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Under- writers Laboratory 'for use in construction of electrical signs. (Ord. 71-5 §103(part), 1971). 16.08.270 Premises. .."Premises" means. a. lot or.two or more lots on which are constructed or on which are to be.con- structed a.building.or. a group of buildings designed as a unit.. (Ord. 71-5 §103(part),.1971). 16.08.280 'Projecting sign. "Projecting sign" means'a sign other than a wall sign which project's from a building. (Ord. * 71-5 §103 (part)., 1971). 16.08.290 Projection. "Projection" means the distance . by which a projecting sign extends from .a building. (Ord. 71-5 §103(part), 1971).: 16.08.300. Roof sign. "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. (Ord. 71-5 5103(part), 1971). .16.08.310 Rotating or revolving sign. "Rotating..or revolving sign" means any sign, or portion of a sign,:-which moves.in any manner. (Ord.-.7175 §103(part), 1971).- 16.08.3N Sign. "Sign" means an advertising sign,:out- 'door-advertising sign, on-premises sign, display, temporary sign, temporary sign display, message,.light (other than a device used primarily to illuminate a building or a premises), emblem, device, figure or.mannequin-, painting, drawing, pla- card,' poster or other thing that is designed, used or intended for advertising purposes, or to inform or to attract the at- tention of-the public, and includes, where applicable, the sign structure, display surfaces and all other component parts of the, sign. (Ord. 71-5 §10 3 (part) , 1971). 16.08..330 Sign structure. :'Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building. (Ord. 11-5 §103(part), 1971). 16.08.340 Temporary sign. "Temporary sign" means any. sign, banner, pennant, valance or advertising display.con- structed of cloth, canvas, light fabric, cardboard, plywood, wood, wallboard, plastic, metal or other similar materials, with or without frames, which is not permanently erected or permanently affixed to any sign structure, sign tower, or 193 1b}08.350--16.12:020 1 building and which is not an electrical sign or an internal- ly illuminated sign. (Ord. .71-5_§10.3(part), 1911). .16.08.350 Uniform Building Code. "Uniform Building Code" means the Uniform Building Code as adopted by the city of.Tigard, Oregon,:a copy of which is on file in the office of the city. rec.order.and which Uniform Building Code, by this reference, is incorporated in this title to the extent of. specific citations thereof in this title. (Ord. 71-5 §103 (part),. 1971) 16.08.360 Wall sign. "Wall, sign" means any sign at- tached to, painted on, or erected against the wall of a build- ing or structure, with the exposed face. of the sign in a plane parallel.to the•plane of the wall. (Ord. 71-5 §103(part), . 1971) Chapter 16.12 PERMITS Sections 16.12.010 Required. 16.12.020 Application, .16.12.030 Fees.• 16.12:040 When null and void--Renewal. 16.12.050 Exemptions.. 16.12.010 Required..- Except as provided in this chapter, it is unlawful for any person to construct, structurally alter or.relocate within the city any'sign without first obtaining a sign.permit .from the building official and making payment of the fee required. -In addition, all illuminated signs shall be subject to the provisions of the State Electrical.Code and the 'permit fees required thereunder.. (Ord. 71-5 §202(part), 1971). 16.12.020 Application.; Application for a sign permit shall be made upon forms provided by the building official, and shall contain or have attached thereto the following in- formation: (1) Name, address and telephone number of the applicant; (2) Location of the building, structure, or lot to which or upon which the sign is to be attached.or erected; (3) A scale drawing showing: design of the sign in- eluding colors, dimensions, sign size, height above ground, method of attachment, construction and materials, type, source and intensity of illumination and showing the relation- 194 16.2.030--1612.050 ship' to any building to which it is or is proposed to be at- tached; (4), _A, plot plan approximately to scale indicating the location of all buildings, property lines, existing signs, streets and overhead power lines.on the same premises; (5) All electrical signs shall bear the Underwriters Laboratory label; (6) . Name., address and telephone number of the person who will do the erection, construction or maintenance on the sign. (Ord.. .71-5 §20.2 (l) , 1971). 16.12.030 Fees. Each.applicant before being granted a sign permit, shall pay to the city,. ,a fee for each sign con- structed, structurally altered or relocated as follows: AREA OF SIGN PERMIT FEE 0-25 square feet $ 5.00 More than 25 up to.°100 square feet 10,00 100 square feet or more 10.90 plus $2.50 for each added 10.0 square feet or fraction'there- of to a maximum of $25.00. REPAIR PERMIT AND PERMIT FEE. Where any person desires to remove a.sign from its structure for the purpose of normal repair and.:maintenance, the building official may issue a re- pair permit upon filing a permit form provided by him and payment of a fee.'of two dollars to the city. The building official may refuse to issue such.permit.if he finds that it is for the construction, structural alteration or relocation of any nonconforming sign. (Ord. 71-5 §202(2), 1971). 16.12.040' When null and void--Renewal. Except as pro- vided in.this section, if work.authorized under a sign permit has not been completed within ninety days after the issuance of the permit, the permit shall become null and void. Such a permit may be renewed for up to an additional.'ninety days and without charge upon application to the building official and. a finding by him that the sign complies with all regulations in existence on the date of renewal and which may become ef- fective during the renewal period. (Ord. 71-5 §202(3), 1971). 16.12.050 Exemptions. The following signs and opera- tions'shall not require a sign permit but shall conform to all other applicable provisions of this title: (1) Real estate signs not exceeding twelve square feet in'area advertising exclusively the sale, rental or lease of the premises upon which the signs are located; 195 16. 6.010--16.16.030 (2) Nameplates not exceeding eight square feet in area; (3) The changing of the advertising. copy or message on a painted or printed sign or advertising sign or upon a theater marquee or similar sign specifically designed for the use of replaceable copy; (4) On-site painting, repainting, cleaning and normal maintenance and repair of a sign;, (5) Memorial signs or. tablets, names of buildings and date of erection when cut into any_.masonry.surface or when constructed.of bronze or..other incombustible materials; (6) A sign denoting the architect, engineer; contractor, subdivision or development when placed upon work under con- struction, and not exceeding thirty-two square feet in area provided that-such sign is removed within thirty days from date of issuance of the final occupancy permit or two years, whichever is less; (7) Signs permitted pursuant to Sections 16.36.020 and 16.36.030 and Sections 16.40:010 through 16.40.030. (Ord. 71- 5 §202(4) , 1971) Chapter 16.16 LICENSES Sections: 16.16..010 Trade--When required. 16.16.020 Outdoor.advertising--Fee. 16.16.030 Hearing. .16.16.010 Trade-When required. Except as provided in Section 16.16.020, no person shall in the business of hang-,. ing, rehanging; placing, constructing, installing or struc turally altering, or relocating any si.gn..or electrical sign, projecting sign or roof sign., except those signs which do not require sign permits under Section. 16.12.050, without first having obtained a sign trade license from the building official. (Ord. 71-5 §203(1), 1971). 16.16.020 Outdoor advertising--Fee. No person shall engage in the business of outdoor advertising without having obtained a business license as required by Section 5.04.030, relating to the licensing of trades, shops, occupations,, professions, businesses and callings, and shall pay a busi ness license fee of twenty-five dollars.. (Ord. 71-5 §203(2), 1971). 16.16.030 Hearing. If the building official finds that any holder of a sign trade license or an outdoor advertising 196 16.,0.010--16.24.010 } license has failed to comply with the provisions of this title,. he shall notify the city council before the expires- tion of.such .person.'s license. The city council may, after a public hearing at which all interested persons shall have the right to be heard and offer oral or written testimony, refuse to renew the license of such person if it finds that the licensee has failed to comply with the provisions of this ..-title or other applicable city ordinances. (Ord. 71-5 §2.03 (3) , 1971) Chapter 16.20 IDENTIFICATION Sections: 16.20.010, General requirements. 16.20.010 General requirements.* Each sign for which a sign permit is.required shall have affixed to the sign the name of the sign erector, the date of erection; electrical .power consumption in amperes and an Underwriters.Laboratory label., if. applicable. Such information shall.be in suffi- cient size and contrast to be readable .upon'inspecti6n. (Ord. 71-5 §204(1), 1971). Chapter 16.24 NONCONFORMING SIGNS** Sections.: 16.24.010 Defined--Continuance. 16.24.020 Located on premises annexed to city. 16.24.030 Alteration, relocation or replacement. 16.24.040_ Types requiring conformance within ninety days of title's. effective date. 16.24.610 Defined--Continuance. Except as provided in Sections 16.24..020 through 16.24.040, signs in existence on January 11, 1971, which do not conform to the provisions of this.title, but which were constructed, erected or maintained * For removal provisions, see Chapter,16.28 of this code.. For removal provisions, see Chapter 16.28 of this code. 197 } 16.24.020--16.28.010 in compliance with all previous regulations, shall.be re- garded as nonconforming signs which may be continued for a period of ten years from January 11, 1971. (Ord.-71-5 §205 (1), 1971) 16.24.020 Located on premises annexed to city. Signs .located on premises annexed into the city after January 111 1971, which do not comply with the provisions.of.this title, shall be brought into compliance with this title within a period of ten years after the effective date'of the annexa- tion. (Ord. 71-5.§205(2), 1971). 16.24.030 .Alteration, relocation or replacement. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance.with all of.the provisions of this title. (Ord. 71-5 S205(3), 1971). 16 24.040 Types requiring conformance within ninety days of title's effective date. Signs in existence on Jan- uary 11; 1971, which do not comply.with provisions regulating flashing signs, use of par spot lights or rotating beacons, rotating and revolving signs, or flags, banners or streamers or strings of lights, shall be made to conform within ninety days from January 11, 1971'. (Ord. 71-5 §205(.4), 1971). Chapter. 16.28 REMOVAL PROVISIONS Sections: 16.28.010 Nonconforming signs. 16.28..020 Signs without required identification. 16.28.030 Abandoned signs. 16.28.040 Signs in setback areas. 16.28.010 Nonconforming signs. (a) The building of- ficial shall order the removal of any sign erected or main- tained in violation of the provisions of this title. The building official shall give sixty days' written notice by registered mail to the owner of the sign or, if the owner of the sign cannot be not to the owner of the building, structure or premises on which such sign is located to remove the sign or to bring it into compliance with this title. If the owner of the building, structure or premises upon which such sign is located fails to remove the sign within thirty days after receipt of written notice from the building offi- cial, the building official or his duly authorized'representa- tive, may remove such sign at cost to the owner.of the building, 198 16.28.020--16.28.040 structure or premises and such costs may be a lien against the land or premises on which the. sign is located and may be collected or foreclosed in the same manner as liens other- wise entered in the liens docket of the city. (b) If,the building.official finds that any.sign or sign structure is in violation of Section 16.40.040(a) or .Chapter 16.44, or that any sign .~y reason of its condition .,presents an immediate and serious danger to the public, the building official shall order its immediate removal or repair within .a period of time 'he may specify. .(c) The building official, or his duly authorized representative, may remove such sign in the event that the person.responsible for'such sign.cannot be found or if the .person, after required notification, refuses to repair or remove the sign.. (Ord. 71-5s§206, 1971). .16.28.020 Signs without required identification. The ..building. official may order the removal of any.sign.which does not conform to Section 16.20.010 in the manner pre- scribed by this chapter. (Ord..71-5 §204(2), 1971). 16.28.030 Abandoned signs. Any person who owns or leases a sign shall remove such sign and sign structure when either the business that it advertises has discontinued busi- ness.in the-city or the business that it advertises is no longer conducted in or upon.the premises upon which such 'sign is located. If the,per~on who owns or leases such sign fails to remove it as provided in this section, the building official shall give the owner of the building, structure or premises upon which such sign is located sixty days' written notice to remove it. If the sign has not been removed at the expiration of the sixty days' notice,.the building official, or his duly authorized representative,.may remove such sign at cost tb the.owner of the.building., structure or premises. :Signs which the successor to a person's business or business location agrees to maintain as provided in this title need not be removed in accordance with this section. Cost in- curred by the building official,.or.his duly authorized representative, may be a lien against the land or premises on which such sign is located and may be collected or fore closed in the.same manner as liens otherwise entered in the liens docket of the city. -(Ord. 71-5 §207, 1971). 16.28.040 Signs in setback areas. (a) where the-sup- porting member of any sign (optional-floodlight standard) is to be permanently erected or is affixed to the ground with- in a special setback area established pursuant to Title 18, no permit shall: be issued for such sign (optional-floodlight standard) until the person who will own the sign and the own- er of the premises upon which the sign will be erected, enter into a written agreement with the city providing for removal 199 16.32.010 of such supporting member when necessary. The agreement shall provide that the sign owner and the owner of the prem- ises, their administrators,' executors, heirs, successors and assigns shall be jointly and severally liable for removal of the sign after sixty days' written notice from the building official: Such notice shall be given only when public.im- provement is to be made within the setback area. The agree- ment shall further provide that.if `the persons responsible for.the removal of the supporting member do not remove it, the city. may do so_at expense of such.person and the cost or expense may be a lien against such land or premises and may be.collected or foreclosed in the same manner as liens are 'entered in the docket:.of the.city. The agreement shall also provide that the owner of the.affected.premises and the owner. of-the sign-shall not be entitled to any damages.or compensa- tion on account of moving or.removing of.the..supporting mem- ber or standard or portion: thereof.. The agreement shall be in a form.prescribed by the city attorney and shall be ac= knowledged before an officer authorized to take ackn.owledg- merits and deeds and who is to. authorize the same to be.of record. The city recorder shall cause such agreement to be recorded at_the_office of the.county officer having custody of the.deed records for the county in which the affected premises are located (b) This:.-section shall riot be coristr.ued.as denying the owner. of. such property. the tight to. g6mpOnsation f or. any land taken for widening of any street. (Ord. 71-5 §209, 1971). .,Chapter 16;32 BOARD OF APPEALS Sections 16...32..0'10 Creation= =Membership. 16..32.:020. Right of appeal to.board.. 16.32:030, Variance granting. 16:.32..0.40 Right.of further appeal to council. 16.32.010. Creation--Membership. .There is created a sign board of appeals the members of which shall be appointed by.the mayor with the consent of.the city council. The board shall consist'of five voting members including one member of the planning. commission -and.four citizens. of.the city. The city administrator, the b.uilding.official and.the planning director may.serve as.ex-officio members. The building offi- cial shall act as secretary.to the board. Members shall be appointed for staggered terms which terms shall not be less than. one year nor more than four years. (Ord-. 71-5. §208(1), 1 1971) . 200 16.32.020--16.36.010 16.32.020 Right of appeal to board. Any person who has been ordered by the building official to remove a sign, whose application.for a permit or license pursuant to this title has been refused, or whose permit has been revoked, may appeal to the sign board of appeals. No.stay of action of the building official shall be provided where the building official determines that an unsafe sign is involved.and there is a'serious and immediate danger to the public. (Ord. 71-5 .§208 (2) , 1971) 16.32.030 Variance granting. The board may grant a variance:from the provision of this title.where it finds that practical difficulties; undue hardships or inconsisten- cies with the objectives of this title would result from'a strict or literal interpretation and enforcement of a speci- fied regulation. (Ord. 71-5 §208(3), 197]). 16.32.040 Right of further appeal to council.. Any ap- peal to the sign board of appeals shall be made within thirty days ofa final determination of the building official. The board shall have thirty days within which to hear the appeal and make its determination. All decisions of the sign board of appeals shall be reported to the city council. Within ten days of the final determination'of the sign board of appeals, anyone aggrieved by final determination of the board \ shall have right of:further appeal to the city council which ..shall be instituted by written notice of appeal to the city administrator. The council may accept, reject or modify. actions.taken by the board. (Ord. 71-5 §208(4), 1971). Chapter 16.36 ZONE.REGULATIONS Sections:. 16.36.010 Generally. 16.36.020. Single family,-or residential zones. 16.36.030 Multifamily residential zones. .16.36.040 Commercial zones. 16.36.050 Industrial zones. 16.36.010 Generally. Except as provided. in this chap- ter, no person shall install or maintain any sign in the city in the zones listed in the following sections. Reference to zones are those established by or pursuant to Title 18. (Ord. 71-5-Ch. 3 (part), 1971) . 201 } 16..16.020--16.36.030 16..36.020 Single family.or residential zones. No.sign of any character shall be.permitted in an R-7, R-15 or-R-30 . zone except the following: (1) NAMEPLATES. Sign bearing only property numbers, names of occupants of the premises or other identification ..of the premises not having a commercial connotation not ex- ceeding a combined area of four square feet. (2) REAL-ESTATE SIGNS. One on-site sign for each street frontage offering the premises for sale, lease or in- spection by the public provided that the total area of such sign does not exceed six square feet in area. Such signs may.also be modified to indicate that the property has been sold. (3) PERMANENT SUBDIVISION IDENTIFICATION SIGNS. One ground sign, with the site properly landscaped, denoting a subdivision, development and not.-exceeding thirty-two square feet in area. Illumination may be approved by the building official as.long as.it does not create a public or private nuisance. (4) DIRECTIONAL SIGNS. Directional signs may be lo= cated at street intersections within all zones, after ap- prova,l by the planning commission. Such signs shall be:- twelve inches by forty-two inches, pointed at one.end, any . painted colors, lettering or design symbols. Not more than eight such.signs shall be permitted at any one. street inter- section...Not.more than six such signs.shall be permitted per..subdivision. Th.e sign .shall be provided by the developer and turned over to the public works department with a fee of ten dollars per sign. The city will erect the sign at heights and locations approved by the planning commission. (5) REAL ESTATE DIRECTIONAL SIGNS. Real estate signs advertising an open house and located.off the premises, limited to a sign area of six square feet and a maximum dimension of four feet may be erected and maintained, pro- vided the display of:-such sign shall be only during those hours the property is available for inspection. No permits are required for such signs, but the building official may establish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs or other problems in con- nection with the erection of real estate directional signs. (6) POLITICAL SIGNS. For political sign regulations, see Section 16.40.010(b). (Ord. 71-5 §301', 1971). 16.36.030 Multifamily residential zones. No sign shall be permitted in an A-2 zone except the following: (1) PERMANENT RESIDENTIAL NAMEPLATES IDENTIFYING THE PREMISES. Total signing on a premises shall not exceed one square foot of area per dwelling unit. (2) INCIDENTAL SIGNS. Such signs shall only be per- .mitted when attached to a permanently affixed sign structure or to the wall of the building. ) 202 16.36.040 (3) REAL ESTATE SIGNS. One on-site sign offering the premises for sale providing that, the total area of such sign does not exceed twelve square feet. Such signs may be modi- fied to.indicate that the property has been sold. (4). NONRESIDENTIAL SIGNS. One illuminated or nonillumi- nated sign not exceeding.twelve square feet in area.identi- fying any nonresidential use permitted in a.multip.le-family. residential zone. (5) DIRECTIONAL SIGNS. Such signs shall be as per- mitted'in Section 16..36.020(4). (6) REAL ESTATE DIRECTIONAL SIGNS. Such signs shall be as. permitted in Section 16.36:020(5). ...(7) POLITICAL SIGNS. For political sign regulations, see Section 16.40..010(b)'.1 (Ord. 71-5.S302, 1971). .16.36..040 Commercial zones. Except as otherwise pro- vided in this section with respect to the C-5 and C-P commer- cial zones, no sign .for which.a sign.permit is required shall be permitted in any commercial zone except the following: ( 1) No sign shall be permitted in .a C-5 commercial zone except those specified in Title 18 for such zone. ( 2) No'sign shall be permitted in a C-P commercial zone.except those specified in Title 18.'' ( 3).-FREE-STANDING SIGNS. (A) Number Permitted: One multifaced free-standing sign.designating the principa-1 goods, products,.facilities or services available on the premises shall be permitted on ..'a street or highway frontage. Where a frontage exceeds three hundred feet in length, one additional free-standing sign is permitted for such frontage.. .(b) Height Limit: No free-standing sign shall ex- ceed in height the distance of any portion of the sign to the center of the adjacent public right-of-way (see Figure 1). The maximum height of any portion of a sign or sign struc.- ture shall be forty-five feet from ground level at its base regardless of location. The minimum clearance below the. lowest portion of a free-standing.sign and the ground below shall be fourteen feet in any driveway.or parking area. (C) Area: The maximum permitted area of a free- standing sign shall be computed on one and one-half square feet of"area per lineal foot of street or highway frontage ...for-.the first one hundred feet of such frontage, plus one square foot of area for each~foot of frontage over one hun- dred feet, but not exceeding seven hundred fifty square feet of sign area per sign face, or a total of one thousand five hundred square feet for all sign faces (see figure 2). ( 4) When a premises fronts on more than one street, the property may be permitted to have one multifaced, free- standing sign for each such street frontage provided, how- ever, that only the lineal frontage of that street toward which the sign faces may be considered in establishing the 203 16.36.040 1 maximum permitted size of such sign. ( 5),. Where a premises fronts on two or more streets,. the owner may elect to combine the total street frontage and erect only one free-standing sign with the area to be deter- mined by the total length;of the combination of such front- ages provided that the maximum area shall not exceed the limits specified in.subdivision (1). ( 6) Two or more owners of adjacent separate premises zoned for commercial use may combine their street or highway frontages.and erect.one free-standing sign whose size shall be determined.by the combination of those frontages but shall not exceed,the sign area permitted by subdivision (1). No other free-standing signs shall be permitted on either of the adjacent,premises if.the owners make such an election. ( 7) Where two free-standing signs are permitted on the same frontage for the same premises, the combined total of s'ign.area for all sign faces shall not exceed that speci- fied by subdivision (1). ( 8) No free-standing sign, or any portion of any free-. standing sign, shall.be located on or be projected over any portion of'a. street, sidewalk or other public right-of-way or property. Signs maybe located.within.setback areas only as provided in Section 16.28.040.. ( 9) WALL SIGNS. In addition to signs permitted by subdivision (2), wall signs maytbe erected or.maintained but 1 shall not exceed.in gross area twenty percent of the.face of the building to which the sign is attached or on which the sign is maintained. Signs placed on or within one foot of the display windows and designed to be viewed from the exterior of the.building shall be included.in determining the amount of signing on such building face.- Wall signs may not project more than eighteen inches from the wall to which they are attached. (10) INCIDENTAL SIGNS. .Incidental signs.shall.be limited to the following; (A) Up to four incidental signs may be attached to a free-standing sign. Such signs may advertise or identify goods, products, services or facilities available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names or similar. The total combined area of such,signs shall not exceed sixteen square feet and the total sign shall be deducted from that allow- able for free-standing signs on the same frontage on the ..same premises. AB) _ Incidental signs such as those described in sub- paragraph (A) may be permitted as wall signs or may be at- tached to'columns or supports for a roof overhang if erected in a line parallel to the nearest adjacent wall. The total combined area of such signs shall not exceed sixteen square feet. 204 16.36.040 l (11) REAL ESTATE SIGNS. No more than three signs J. offering the premises for sale, lease or.inspection by the public shall be permitted. The total area of each sign shall -not exceed thirty=two square feet. Such signs may be modi= fie.d to indicate that the property has been sold. (12) CHANGEABLE COPY :SIGNS.. Any of the types of signs permitted.in this section may be permitted as changeable copy signs. (13) OUTDOOR ADVERTISING SIGNS. Outdoor advertising .signs maybe erected and maintained as. permitted by Section 16.40..090 within the C-3 commercial zone. (14) POLITICAL SIGNS. For political sign regulations, see Section 16.40.010(b). (15). PROJECTING'SIGNS.. For projecting sign regulations, see Section 16.40..070. (16) ROOF SIGNS. For roof sign regulations, see Sec- tion 16.40.0.80.. (17). DIRECTIONAL SIGNS. Such signs shall be as per- mitted in Section 16.36.020(4). 205 16.36.040 `a ►gur.. _.FREE - STA~~~~G OF HE1GN' . _ 5 ~GN . }t Z5 2 5 SoR~~bpo °Q 206 r 1.6.36.00 } ~~ure R~~ ..ST~N~rNG AR EA . F X = 5 2.0 2 Q' 1.0 ar otal f CLce t. Q7 Q • L Ll.. + ss 71_5 §303, 1971) (Ord. 201 16 ..16.050--16.40.010 16.36.050 Industrial zones. All types of signs per- mitted in commercial zones by Section 16.36.040 shall be per- mitted in all industrial zones subject to the following limi- tations: No sign authorized in an industrial zone shall be per- mitted in any required setback area except: one.multifaced free-standing.sign designating the principal uses of the premises provided that the area of any one face.of such free- standing sign.,shall riot exceed one hundred square feet and the total. area of all the f aces of such free-standing sign shall not exceed two hundred square feet. (Ord. 71-5 §304, 1971). Chapter 16.40 SPECIAL TYPES OF SIGNS Sections: 16.40.010 Flags, banners, political signs. 16.40.0.20 Public utility signs and signs required by law., 16.40:030" Signs not designed to be viewed from any pub- lic' street or public 'right-of-way. 16.40.040. Certain'signs prohibited. 16.40.050 Rotating and revolving signs. 16..40.060 .Flashing. signs. and sign illumination. 16.. 40. 0 70 Projecting signs., 16.40.080 Roof signs.' 16.40:090 Outdoor advertising signs. 16.40.010 Flags, banners, political signs. (a) PRO- HIBITED DISPLAY OF FLAGS.AND.BANNERS. It is unlawful to erect or maintain strings of pennants, banners or streamers, -festoons. of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons, and similar devices of carnival character. Flags and banners not prohibited are:. (1.) National, state, and institutional flags prop- erly displayed; (2) Christmas decorations in season;.and (3) Streamers, banners, etc., used for one week only.to.call attention to grand opening of a.completely new business. (b) POLITICAL SIGNS. Sign's relating to the nomination or=election of any indivi.dual.fo5r a political office or ad- vocacy of any measure to be voted upon at any special or general election shall be allowed under the following condi- tions:. 208 _16.40.020--16.40.040 l (1) Such signs shall be temporary in nature and 1 shall be removed within ten days after the election.. (2) Any such sign to be placed in a residential zone shall not exceed an.area of twelve square feet. (3) Except for outdoor advertising signs, any such sign to be placed in a nonresidenti'al.zone.shall not exceed an area of thirty-two square feet. (4) Any person placing such signs shall file a,map, showing the locations of such signs, with the city recorder prior to, the erection or maintenance of such signs,-shall sign a removal agreement covering these provisions and shall file a one hundred dollar bond or one hundred dollars in' cash with an agreement acceptable to the city attorney, re- fund conditioned upon guaranteeing removal of the signs with- in.the.time specified. Such agreement and bond shall further provide that all such signs shall be properly maintained as required by Chapter 16.44. (Ord. 71-5 5401, 1971). 16 40 020 Public utility signs and signs required by law. Nothing in this title shall prevent the erection, loca- tion or construction of signs on.private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise per- mitted. (Ord. 71-5 §402, 1971). 16.40.0-30 Signs not designed to be viewed from any pub- lic.street or public right-of-way. Nothing in this title shall prevent the erection, location or construction of di- rectional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct.pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs. (Ord. 71-5 5403, 1971). 16.40.040 Certain signs prohibited. (a) UNSAFE SIGNS OR IMPROPERLY MAINTAINED SIGNS. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to with- stand the wind, seismic and other loads as specified in the Uniform Building Code. No sign shall be constructed, erected or maintained in violation of the maintenance provisions of Chapter 16.44. (b) SIGNS AT INTERSECTIONS. No sign shall be erected at intersection of any streets in such a manner as to sub- stantially obstruct free and clear vision nor shall any sign be erected at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic signal or device; nor shall any sign be erected which makes use of the word 209 ! 16.40.050 "stop,". "look," "danger," or any other similar word, phrase, symbol or character in such manner as is reasonably likely to interfere.with, mislead or confuse motorists. (c) OBSCENITY. No sign shall bear or contain state- ments,, words or pictures of an obscene, indecent or immoral character, such as is likely to offend public morals or.de- cency. ..(d)' OBSTRUCTING SIGNS. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cov- er, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire. (e). No off-premises sign shall be permitted in any com- mercial or industrial zone, except outdoor advertising signs, as regulated in Section 16.40.090. (f) Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public-right-of-way. This subsection shall not apply to Christmas lighting displays. (g) No sign or sign structure shall be constructed in such a manner or location. that it will obstruct access to any fire escape or.other means-of egress from a building or any 1 exit corridor, exit hallway or exit doorway,_and no sign or 1 supporting structure shall cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire. (Ord. 71-5 §404, 1971). 16.40.050 Rotating or revolving signs. Revolving and rotating signs shall not be permitted in any residential zone or C-4 or .C-5 commercial zone. In other zones, they shall be erected or maintained only subject to the following restric- tions: (1) Maximum speed of revolution shall not exceed five revolutions per minute. (2) No rotating or revolving sign shall be illuminated in whole or in part by any flashing or intermittent light or light source. (3) If the adjacent property on the same side of the street contains a residence, apartment, hospital, or home for the aged or convalescent located within one hundred feet line sight distance of the sign or there is such land use within one hundred feet line sight distance on the opposite side of the street or intersection, no rotating or revolving sign shall be permitted to be illuminated after ten p.m. or before seven a.m. unless the rotation or other movement is stopped and all light from such sign is steady and continuous. Such sign may be permitted to be illuminated without restriction 210 16.-1)0.060--16.40.070 if the residents and all the property owners within the pre- scribed area consent in writing to.the erection and main- tenance of such sign. This written consent shall remain 'on file with.the sign permit. (4) No sign or any part thereof shall rotate or revolve unless the rotating or revolving portion of the sign dis- plays an advertising or identification message. (Ord. 71-5 §405; 1971). 16.40.060 Flashing signs and sign illumination. (a) No exposed reflective type bulbs, strobe .lights, rotary bea- cons, par spots, zip lights or similar devices shall be per- mitted. No exposed incandescent lamp which exceeds twenty- five watts shall be used on the exterior surface of any sign so as to expose the face of such bulb or. lamp to any.public street.or public right-of-way. (b) Flashing signs shall be permitted but flashing signs shall not be permitted.to revolve, rotate, or move in any other manner. (c) The surface brightness of any sign shall not ex- deed that.produced by the diffused output obtained from eight hundred milliampere fluorescent light sources not closer than eight inches on center. (Ord. 71-5 §406, 1971). 16.40.070 Projecting signs. (a) Projecting signs supported by a wall of a building or structure shall be per- mitted.only in commercial zones where there is no building setback or upon an existing building built within two feet of the front property line and then only.under the following conditions: (1) No projecting sign shall be permitted in a C-4 or C-5 commercial zone. (2) Only one projecting sign will be permitted on the same business frontage with wall signs. (3) No projecting sign shall be permitted on the same premises where there is a free-standing sign or roof sign. (4) A projecting sign shall be considered as a wall sign and shall be subject.to the same requirements and limi- tations pertaining thereto. (5) A projecting sign shall be used solely to identify a business and shall not be used to advertise services or products sold on the premises. (6) No projecting sign shall extend more than three feet above the roof line at the wall or the top of a parapet wall, whichever is higher. (7) No projecting sign shall be located within twenty feet of.another projecting sign in the same horizontal plane. Of two signs not conforming to this provision, the first lawfully erected sign may remain. (8) Except as provided in this section, no project- ing sign shall be supported by a frame, commonly known as 211 16.40.070 an "A-frame" or other visible frame located on the roof of 'a building. (9) Overhead clearance and projection into public rights-of-way shall be maintained so that no sign shall pro- ject within two feet of the curb nor beyond the distances. specified in the table in this section. (b) PROJECTING SIGN DEFINITIONS. "Horizontal project- ing sign" means a.projecting sign in which the horizontal length exceeds the vertical height. ~4-----LEIV6TH HE/GHT HORZ. PROJ. 516N. • ~!J/L D/ NG , ~A "Vertical projecting sign" means a projecting sign in which the vertical height exceeds or equals the horizontal length. I LEN,GrH - VERT ti z PROJ. a SAGA/ .PAC E - J 212 16.40.080 (c) Maximum.pr6jection for any projecting sign beyond the face of a building'shall.be the lesser of: (1) That .shown on the.table for.projecting signs; (2) Two feet inside the curb line. TABLE FOR PROJECTING SIGNS Height above Horizontal Vertical grade Projecting Signs- Projecting Signs projection height projection height less than 7' not.permitted 3' not permitted 3' 7' to less than 8' it 3' 8' to.less than 10' 2' 3' 3' 10' to less .than.12' 8161.' 3.5' S' not limited* 12' to less than 14' 816" 4' S' not limited* 14' to less than 16' 816" 4.5' S' not limited* .161 and over 816" 5' 5' not limited* *except as provided in subsection (a)(6). (Ord.' 71-5 §407, 19.71). . 16.40.080. Roof.signs.. Roof signs shall be permitted only. in those commercial zones where there are no building setbacks or where an existing building is built to within two feet of the front property line and then only under the fol- lowing conditions: (1) Only one roof sign will be permitted. (2) Total sign area shall not exceed one square foot for each lineal foot of street frontage of the parcel of .real property on which the sign is to be located. (3) A roof sign shall not be permitted facing the same street frontage as a free-standing sign or a projecting sign. (4) Roof signs may not project over public property or public rights-of-way. (5) The maximum height of a roof sign shall not exceed eight feet above the highest point of the building. 213 16.40.090 (6.) No roof sign shall be erected unless and until ap- proved by building official upon a finding that the site, type and location of the sign will not substantially inter- ferL with fire fighting. (Ord. 71-5 §40.8, 1971). 16.40.090 Outdoor advertising signs. Outdoor adver- tising sign regulations shall be as follows: (1) ZONES PERMITTED. Outdoor advertising. signs shall be permitted only ina C-3 commercial zone or an M-2 or M-3 industrial zone. (2) HEIGHT: The maximum height of an outdoor adver- tising sign shall not.exceed thirty-five feet from the ground level at its base. (3) SIZE. (A) The.maximum sign dimensions .of an outdoor adver- tising sign.shall be twelve feet in height and twenty-five feet in length (excluding supports and.foundations) or a total maximum sign.area of three hundred square feet per face. (B) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sign area of six hundred seventy-five- square feet per face where permitted as freeway-oriented signs. (C) On freeway oriented signs, cutouts may project beyond.the display surface and may add.up to one-third addi- tional.area of_ permitted display surface and further may ex- tend five.and one=half feet above,.four feet below or two feet to either side of the display surface, provided that the thirty-five foot maximum height limit.is not exceeded by such cutouts. (4) LOCATIONS PERMITTED. (A) Outdoor advertising signs shall only be per- mitted to locate on and orient to U.S. Highway 99W (South- west: Pacific Highway), Oregon State Expressway No. 217, and Interstate Highway No. 5. (B). Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of.applying the spacing limitations or density limi= tations. which follow, a single outdoor advertising structure on which two display surfaces are attached back-to-back shall be considered as one outdoor advertising sign with one.dis- play surface facing one traffic direction. (5) Outdoor advertising signs shall not be located with- in three hundred feet of another.outdoor advertising sign on the opposite side of the street or highway or within five hun- dred feet of another.outdoor advertising sign on the same side 214 16.44.010--16.44.020 of the street or highway: For purposes of applying this limitation, distances shall be measured as a radius from a sign. .Where two or more signs are in violation of these spacing provisions, the first lawfully constructed, erected and maintained.shall be permitted to remain. (6) Outdoor advertising signs shall have all metal structures; provided,. however, that the display surface or display surfaces and the.stringers used for the support of the display surfaces together with cutouts may be made of other materials. (7) Outdoor advertising signs ate not permitted as roof signs. (Ord. 71-5 §410,.1971): Chapter 16.44 CONSTRUCTION AND MAINTENANCE Sections: 16..44.010 Construction--Conformance to Uniform Build- ing Code required. 16.44.020 Construction--Incombustible materials. 16..44.030 Maintenance=-Standards generally. 16..44.040 Maintenance--Littering prohibited. 16.44.010 Construction--Conformance to Uniform Build- ing Code required. Except as otherwise provided in this title, the construction.of all signs or sign structures shall conform to applicable provisions of the Uniform Build- ing Code. (Ord. 71-5. §409 (1) , 1971). 16.44.020 Construction--Incombustible materials: (a) All signs erected in fire zones one and two shall have-pri- mary structural.members of incombustible materials. Wooden stringers"for the support of sections of the display surface of outdoor advertising signs may be used in fire zones one and two. (b) Combination.signs, roof signs, wall signs, pro- jecting signs, signs on marquees other than under marquee signs, signs on canopy and wall facades shall be constructed of incombustible materials except for nonstructural trim, display surfaces and cutouts which may be_constructed of wood, metal, approved plastics or any combination thereof. Except as provided in subsection (d), only metal and ap- proved plastics shall be used in construction of electric signs. (c) Work platforms attached to signs for service and maintenance may be constructed of wood or metal. (d) The building official may approve the use of 215 16..ij4.030--16.48.020 combustible materials.for covering, erectinga facade on, or ornamentation of a sign structure for an electric sign pro- vided that he finds that: (1) The use of such materials is permitted in the fire. zone in which the sign is located or proposed to be located; (2) There is no load bearing member of.the sign structure constructed of combustible materials; (3) There is no substantial fire or electrical safety hazard. (Ord. 71-5 §409(2), 1971). 16..44.030 Maintenance--Standards generally. All signs, together.with all of.their supports,. braces, guys and an- chors-shall be kept'in good repair.and shall be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat; clean and attrac- tive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deteriora- tion..-The-display surfaces of all signs shall be kept neat- ly painted or posted. (Ord. 71-5 §409(3), 1971). 16.44.040 Maintenance--Littering prohibited. No per- son required to obtain a sign permit or license under this title shall scatter, daub or leave any paint, paste, glue or other substances used for painting or affixing advertising matter or scatter or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of any kind removed from such signs on any public street, sidewalk or private property. (Ord. 71-5 §409(4), 1971). Chapter 16.48 ADMINISTRATION Sections: 16.48.010 Sign permit authority. 16.48.020 Enforcement authority--Right of entry. 16.48.030 Violation--Penalty. 16.48.010 Sign permit authority. All applications for sign permits shall be submitted to and be approved by the building official. (Ord. 71-5 §201(1), 1971). 16,.48.020 Enforcement authority--Right of entry. The building official is authorized and directed to enforce all of the provisions of this title. All signs for which permits are required shall be inspected by the building official. Upon presentation of proper credentials, the building 216 j ~ 16:48.030 official or his duly auth'orized.representative may enter at reasonable times any building; structure or premises in the city to perform any duty imposed upon him by this title. (Ord. 71-5 §201(2), 1971). 16.48.030 Violation Penalty. Upon conviction, any person who violates any of the provisions of this title shall be guilty of a misdemeanor and.such person shall be punished by a.fine of not more than three hundred dollars. A person violating a provision of this title'shall be. deemed guilty of.a separate offense for each day during which the violation continues. (Ord. 71-5 §503, 1971). 217 v AGENDA ITEM No. 9 Date: May 8, 2007 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING CONSIDER A BALLOT MEASURE 37 CLAIM TRUCK TERMINALS, INC. (M372006-00001) A request for compensation or waiver of regulations for property located at 13015 SW Pacific Highway 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 and is openly available to all members of the public. 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. 9 Date: May 8, 2007 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 and is openly available to all members of the public. 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. PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral e, Address & Phone No. Name, Address & Phone No. Name, Addre°sts~ Ph~on"erNo. f so3-2~Z -~~q( - 5o3 - (039 - bf% Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 7 z Zy Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. - - y addJ - MEMORANDUM TO: Mayor Dirksen and City Council 7 Qy ol-66 FROM: Gary Pagenstecher RE: Truck Terminals M37 Claim Staff Report Supplement DATE: May 3, 2007 This Memo is a supplement to the Staff Report for Truck Terminals, Inc. (M372006-00001), in which staff recommended Council deny the claim. The following additional information will give the Council a more complete picture of the ordinances in effect at the time the Claimant acquired the property (December 11, 1970), which staff believes would change its recommendation to waiver of the more restrictive regulations. The Staff Report and the Council Agenda Item and Summary's Key Facts and Information Summary section list ordinances applicable to the subject claim. In addition to Ord 67-21, two others ordinances, Ord 69-35 and Ord 70-32, should also be considered and are included for your reference in the Council packet. Ord 69-35, effective April 14, 1969, ratified and confirmed the applicability of the conditional use provisions of Ord 67-21 to certain signs and billboards. The ordinance, in part, defined billboards, required conditional use permits, and required fees based on size of sign, including signs exceeding 1,200 square feet in size. Ord 70-32, effective August 24, 1970, adopts the Report of the City Planning Commission with respect to revisions and amendments to Ordinance 67-21 as amended, and enacting or re-enacting regulations and restrictions with respect to [certain listed items not including signs] and repealing Ordinance 67-21 and all amendments thereto DISCUSSION' These two ordinances would represent the regulations in effect at the time the Claimant acquired the property. However, there are certain ambiguities that leave this determination unresolved. 1) Arguably, Ord 69-35 is repealed by Ord 70-32 as is stated in the plain language of the ordinance. Yet Ord 69-35 is explicitly repealed later by the Ord 71-5, the City's first sign ordinance. This is consequential because these dates bracket the date the Claimant acquired the property. 2) The repealing language in Ord 70-32 should replace Ord 67-21 with other code language, a document that would convey the changes contemplated by the "Report of the City Planning Commission". However, City Records has not found evidence of the Planning Commission report or alternative codified language that would replace Zoning Ordinance 67-21. Therefore, as discussed in the Staff Report, it is plausible that Ord 67-21 was the regulation in effect at the time the Claimant acquired the property and not Ord 70-32, for which no codified version can be found. And Ord 67-21 clearly was amended to include Ord 69-35, allowing billboards, but whether its date of repeal is before, or after the Claimant's acquisition date, is unclear. With these ambiguities, it would seem prudent to choose the alternative action identified in the Staff Report, to waive the applicable regulations to allow billboards, subject to the standard sign permit process, to avoid an uncertain outcome should the case go to court. 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE AND COMPREHENSIVE PLAN POLICIES THAT ARE MORE RESTRICTIVE THAN THOSE IN PLACE ON DECEMBER 11, 1970 WHEN THE.33 ACRE PARCEL LOCATED AT 13015 SW PACIFIC HIGHWAY (WCTM 2S102BD, TAX LOT 02900) WAS PURCHASED BY TRUCK TERMINALS, INC., AND TO ALLOW DEVELOPMENT UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THAT TIME, SUBJECT TO APPLYING FOR AND RECEIVING SIGN PERMIT REVIEW APPROVAL (1\4372006-00001). WHEREAS, the voters of the State of Oregon passed Ballot Measure 37 in 2004; and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use regulations; and WHEREAS, a claim was made by Truck Terminals, Inc., in the amount of $178,813.00 as the reduction in the value of the property under the current Tigard Development code; and WHEREAS Truck Terminals, Inc., has owned the property since December 11, 1970 preceding the current Tigard Development Code and other applicable standards; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached staff report and vicinity map (Exhibit A) and applicant's materials (Exhibit B) are hereby adopted as findings. SECTION 2: A waiver from the Tigard Development Code Standards is hereby granted to Truck Terminals, Inc., to apply for Sign Permit Review under the code and zoning that was ui place on December 11, 1970. Once Truck Terminals, Inc. ceases to be the owner, however, any expansion or major modification beyond development applied for during this ownership shall be subject to the land use regulations in effect at the time of application. SECTION 3: This waiver applies to the property North of Pacific Highway across from its intersection with SW Frewing Street at 13015 SW Pacific Highway; WCTM 2S102BD, Tax Lot 02900. SECTION 4: 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 52007. ORDINANCE No. 07- Page 1 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 !oarEne Bengtson -Truck terminals map.un# Pace i d f y \ d~ ~d~`",, i Truck Terminals Compensation claim y TRUCK TERMINALS SITEr. 13£715 Sb'~1 PAC#Flc HL`VY~7,, I 3 \ §E f j x x ~lI fJ ~ ~ f ST y ASP g x. A CITY OF TIGARD, OREGON ORDINANCE No.69- .3 { AN ORDINANCE Rl IFYING AND C()NFIRKING THE APPT...... 5 L1 TY _.OF THE CONDITIONAL--USE PROVISIONS OF ORDINANCE No.67-21 "';ITY OF TIGARD i ZONING DRDINANCE OF-1%7n -AT'_AMEmbED, TO CERTAIN- SINS AND-`BILT:BOARDS,•' DEFINING 9I6AS AND'_SILLBOARDS AFFECTED HEREBY; DEFINING kND F'RSSCRIB- ING ADDITIONAL LIMITATION REQUIREMENTS FOR CERTAIN SIGN- AND BILL-- BOARDS; PRESCRIBING LIMITATIONS ON DURATION AND PROVIDING FOR THE " CESSATION OF NON-CONFORMING SIGNS AND BILLBOARDS; PRESCRIBING FEES A' AND PENALTIES; FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. Nr THE CITY 01 TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council finds that undue activity is occurring with respect to the construction of certain signs and billboards in the City of Tigard and-that applications for use of property for such purpose have been approved by the City without due 1n regard to the procedural requirements for conditional uses under the provisions of Ordinance No.67-21 "City of Tigard Zoning Ordinance of ' 1967" as amended, and the Council desires hereby to declare, ratify and confirm the applicability of such provisions. Section 2: That the Council further finds that It is necessary to promote the public health and welfare and to predlude unsightliness and to secure provision for adequate light, air and access, that additional regulatory provisions be adopted forthwith with -respect to the use of property for display and advertising pur- poses through the media of certain signs and billboards. Section 3: DEFINITIONS: Unless the context of this ordinance other- wise requires: x 04 (a) BILLBOARD or SIGN shall mean a structure either x free-standing or superimposed upon a building or other structure, which is designed for, and has surface space provided for, the display. of adver- tising either by posting,,painting or affixing of _ advertising materials publicizing products, services, ' - slogans or information designed for public viewing, not directly related to the use of the particular property upon which the display is located. (b) BUSINESS OF OUTDOOR ADVERTISING shall mean the, Z business o constructing, erecting, operating, using, maintaining, leasing or selling signs or space on billboards; but does not include the placing, erecting, constructing, using or maintaining on any 4 property of signs or billboards pertaining exclusively to the business conducted upon or utilizing the tract of land upon which such sign or billboard is displayed. R7 r ~a Page - ORDINANCE No. 69-,L_ n,- w. 411 X54 Section 4: EXEMPT SIGNS. v; (1) This ordinance does not apply to signs (a) Erected and maintained by or under authority of K any federal, state, county or city authority for the purpose of conveying information, warn- ~z ings, distances or directions to persons upon the highway or throughway. (b) Erected and maintained by any public officer or i` body for the purpose of giving a notice required by law or by a court. (c) Located within 300 feet of the advertised business, advertising only the name or nature of the busi- ness being conducted on, or the products, facili- ties, goods or services being sold, supplied or distributed on or from the premises on which the sign is located. (d) Erected and maintained by a public utility for the purpose of giving warning of the location of an underground cable or other installation. (2) This ordinance shall not be construed to permit the erection or maintenance of any sign that is prohibited under any law of the State of Oregon. Section 5: OCCUPATIONAL PERMITS REQUIRED:- Any person or organiza- tion conducting or inten ing to conduct the business of "outdoor advertising" as hereinabove defined, as a condition pre- cedent to the issuance of a conditional-use permit, shall comply with the requirements of Ordinance No. 63-5 as-amended by Ordinance No. 65-13 relating to the licensing of trades, shops, occupations, pro- fessions, businesses and callings, and shall pay a business license fee here:)y required and prescribed in the sum of $25.00. Section 6: CONDITIONAL-USE PERMITS REQUIRED: No person or organiza- tion s1-51T construct, erect, place, use or maintain on any land, tract or lot within the City of Tigard, any sign or bill- board as hereinabove defined for use in the business of outdoor ad- vertising as hereinabove defined., without first complying with the procedures required by Ordinance No. 67-21 "City of Tigard Zoning ordinance of 1967" as amended, with respect to conditional uses, and then only after approval and in accordance with the requirements of ordinance No. 67-21 as amended, and all conditional uses which may be. authorized shall otherwise conform to the requirements of the zone class- ification applicable to the lands upon which the business of outdoor advertising is conducted. w• Section 7: COMPLIANCE WITH BUILDING CODE: No person or organization s a construct, erect, place, use or maintain on any land, tract or lot within the City of Tigard, any sign or billboard as hereinabove defined for use in the business of outdoor advertising Page 2 - ORDINANCE No. 69- e,i R r..a , ...rte _ as hereinabove defines, without first complying with that section of Ordinance No. 67-53 "Building Code" pertaining to signs, as set forth in "1967 Edition - Uniform Building Code - Volume V - Signs". Section, 8: SIGN AND BILLBOARD FEES: No person or organization shall engage or continue in the business of outdoor advertis- ing whose activities include construction, erection, operation, use, maintenance, leasing or selling of display space or display services on any billboard or sign as hereinabove defined within the City of Tigard, without first filing an application for a permit from the office of the Building Official, in such form as that office may prescribe, for each sign or billboard to be so constructed, erected, operated, maintained or used for the leasing or selling of display space; to be accompanied by annual sign or billboard permit fee as follows: (1) $2.00 if the advertising area does not exceed 50 square feet (2) $3.00 if the advertising area exceeds 50 but does not exceed 200 square feet (3) $4.00 if the advertising area exceeds 200 but does not exceed 500 square feet (4) $5.00 if the advertising area exceeds 500 square feet but does not exceed 900 square feet (5) $7.50 if the advertising area exceeds 900 square feet but does not exceed 1,2C0 square feet (6) $10.00 if the advertising area exceeds 1,200 square feet Section 9: PROVISIONS APPLICABLE TO PERMITS: REVOCATION OF PERMITS: (1) Permits shall be issued for the calendar year and may be renewed by payment of the applicable annual permit fee for the new year without the filing of a new application. Fees shall not be prorated for fractions of the year. Only one sign permit is required for asign with multiple display surfaces. Separate permits are required for separate signs. (2) Advertising copy or the display surface or display surfaces of a sign may be changed or cutouts may be attached.or re- moved without paying an additional fee or obtaining a new permit; provided, however, that a new fee is required if the advertising area of the sign is increased beyond that for which the original fee was paid, and no portion of the original fee shall be applied thereon.. A new fee and a new permit are required for a change in location or for the reconstruction of a sign and no portion of the original fee shall be applied thereon. Section 10: SIGNS TO BE MARKED WITH PERMIT NUMBERS: The Building official shall ass gn to every pelt resued by his office a separate identification number; and each permittee shall fasten to each sign a weatherproof label or marker which shall be furnished by the City and on which is therpermit number. The permittee shall comply with regulations issued by the Building Official's office as to placement-of the label or marker so that it may be seen from the highway. The absence, from a sign, of such a label or marker is prima facie evidence that the sign does not comply with this ordinance. g Page 3 - ORDINANCE No. 69- as hereinabove defines, without first complying with that section of Ordinance No. 67-53 "Building Code" pertaining to signs, as set forth in 111967 Edition - Uniform Building Code - Volume V - Signs".. Section 8: SIGN AND BILLBOARD FEES: No person or organization shall engage or continue UT-the business of outdoor advertis- ing whose activities include construction, erection, operation, use, maintenance, leasing or selling of display space or display services on.any billboard or sign as hereinabove defined within the City of Tigard, without first filing an application for a permit from the office of the Building Official, in such form as that office may prescribe, for each sign or billboard to be so constructed, erected, operated, maintained or used for the leasing or selling of display space; to be accompanied by annual sign or billboard permit fee as follows: (1) $2.00 if the advertising area does not exceed 50 square feet (2) $3.00 if the advertising area exceeds 50 but doe$ not exceed 200 square feet (3) $4.00 if the advertising area exceeds 200 but does not exceed 500 square feet (4) $5.00 if the advertising area exceeds 500 square feet but does not exceed 900 square feet (5) $7.50 if the advertising area exceeds 900 square feet but does not exceed.1,2C0 square feet (6) $10.00 if the advertising area exceeds 1,200 square feet Section 9: PROVISIONS APPLICABLE TO PERMITS: REVOCATION OF PERMITS: (1) Permits shall be issued for the calendar year and may be renewed by payment of the applicable annual permit fee for the-new year without the filing of a new application. Fees shall not be prorated for fractions of the year. Only one sign permit is required for asign with multiple display surfaces. Separate permits are required for separate signs. (2) Advertising copy or the display surface or display surfaces of a sign may be changed or cutouts may be attached.or re- moved without paying an additional fee or obtaining a new permit; provided, however, that a new fee is required if the advertising area of the sign.is increased beyond that for which the original fee was paid, and no portion of the original fee shall be applied thereon.. A new fee and a new permit are required for a change in location or for the ceconstruction of a sign and no portion of the original fee shall be applied thereon. Section 10: SIGNS TO BE MARKED WITH PERMIT NUMBERS: The Building official s a ass gn to every pelt resued by his office a separate identification number; and each permittee shall fasten to each sign a weatherproof label or marker which shall be furnished by the City and on which is therpermit number. The permittee shall comply with regulations issued by the Building Official's office as to placement-of the label or marker so that it may be seen from the highway. The absence, from a sign, of such a label or marker is prima facie evidence that the sign does not comply with this ordinance. Page 3 - ORDINANCE No. 69-_Aj: Section 11: REMOVAL OF NON-CONFORMING SIGNS: . (1) No sign prohibited by this ordinance shall be erected or maintained except as provided in this section. (2) Any sign lawfully erected before the effective date of this ordinance, and not conforming to the provisions hereof, shall be removed by its owner before seven (7) years after the effective date of this ordinance. Section 12: REMOVAL OF SIGNS NOT COVERED BY PERMITS OR NOT MAINTAINED BY LICENSED PERSONS: (1) Any sign in violation of this ordinance hereby is declared to be a public and private nuisance and the Building Offietal may en-er upon private property and remove such sign after notice, if any, as hereinafter required, without incurring any liability there-for. (2) If the sign does not bear the name and address of its owner or if the owner is not readily identified and located, the Building official may remove it immediately. (3) (a) If the sign bears the name and address of its owner, or if the owner of the sign is readily identified and located, the Building Official shall notify the owner that the sigh is in viola-- i tion of this ordinance and that the owner has thirty (30) days from the date of the notice within which to make the sign comply with this ordinance, or to remove the sign, or to request A hearing before the City Council in accordance with the procedures set forth in ordinance No. 67-21 "City of Tigard Zoning Ordinance of 1967" Sections 250-4, 270-2 and 270-3 pertaining to appeals from denial of appli- cation for conditional-use permit. (b) If the sign is not made to comply with this ordinance, or is not removed, and if the owner does not request a hearing within the time required, or if the owner after a hearing tails to comply with the final order in the proceedings, the Building official may remove and destroy or otherwise dispose of the sign. (4) The Building Official shall, after removing a sign in accordance with subsection (2) of this section, place it in storage for 30 days while he makes a further effort to find its owner. It the owner cannot be found within that time, the Building official may, without incurring any liability therefor, destroy or otherwise dispose of the sign. If the owner is found within that time, he may be re- quired to remove the sign from storage; and if ha is found at any time, the Building Official may recover from him the cost of storage. This cost is in addition to the cost of removal under subsection (5) of this section. (5) The owner is liable for, and the Building Official may collect, the costs of removing a sign as determined by the Building Official on the basis of actual costs of removal or on a square foot flat fee basis. (6) If a sign does not bear the name and address of its owner, the advertisement thereon of the goods, products, facilities, services or business of a person or commercial enterprise is prima facie evidence of ownership of the sign by that person or commercial enterprise. Page 4 - ORDINANCE No. 69-,5,5' i ~x Y Section 13: PENALTIES: Any violation of this ordinance, ' upon con- viction, shall be punishable by a fine of not more than $100., or imprisonment for not more than thirty (30) days, or both. 41 ( The provisions of this ordinance may, at the option of the City, in addition to the penalties above prescribed, be enforced by injunctive proceedings in the Circuit Court of the State of Oregon for the County of Washington, and in any such proceedings, in addition to all other remedies, the Court may allow such sum as and for the City's costs and attorney's fees as may be just and equitable in the premises. Section 14: VALIDITY: Should any section or provision of this ordi- nance.be deterzMed by a court of competent jurisdiction to be unconstitutional or Invalid, such decree shall not affect the validity of any other part nereof or the remaining portions of this ordinance as a whole. Section 15: EFFECTIVE DATE: Inasmuch as the City of Tigard does not now have any effective control with respect to the sub= ject matter of this ordinance, and it is necessary for the peace; y? health and safety of the people of the City of Tigard that provision be made for regulation of outdoor advertising and the erection of t signs and billboards, as herein defined, without delay, an emergency s, is hereby declared to exist and this ordinance shall be effective, upon its passage by the City Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present, after :1_.. being read three times by number and title only, fi This 140 day of April , 1969. q Recorder City of.-TIgard h y113 Y•` r APPROVED: By the Mayor, this 14th day of April , 1969. e. :i a or - City of TigavA . k Page 5 - ORDINANCE No.69-t,,ki" . t Section 13: PENALTIES: Any violation of this ordinance, upon con- viction, shall be punishable by a fine of not more than - $100., or imprisonment for not more than thirty (30) days, or both. The provisions of this ordinance may, at the option of j the City, in addition to the penalties above prescribed, be enforced by Injunctive proceedings in the Circuit Court of the State of Oregon r for the County of Washington, and in any such proceedings, in addition F to all other remedies, the Court may allow such sum as and for the City's costs and attorney's fees as may be just and equitable in the premises. Section 14: VALIDITY: Should any section or provision of this ordi- nance.be deter,~;ned by a court of competent jurisdiction to be unconstitutional or Invalid, such decree shall not affect the validity of any other part nereof or the remaining portions of this ordinance as a whole. Section 15: EFFECTIVE DATE: Inasmuch as the City of Tigard does not r now have any effective control with respect to the sub= ject matter of this ordinance, and it is necessary for the peace, health and safety of the people of the City of Tigard that provision at be made for regulation of outdoor advertising and the erection of signs and billboards, as herein defined, without delay, an emergency is hereby declared to exist and this ordinance shall be effective, upon its passage by the City Council and approval by the Mayor. y PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, This 140 day of April 1969. : ecorder - ty of. gar t w; } APPROVED: By the Mayor, this 14th day of April 1969. nn,, n'F t 12' Mayor City of Tlptd . ~i b' t {a/ 4! Page 5 - ORDINANCE No.69-t,?j CITY OF TIGARD, OREGON ORDINANCE No.70- 3,Z_ AN ORDINANCE ADOPTING THE REPORT OF THE. CITY PLANNING_OOMMISSION WITH RESPECT TO REVISIONS AND AMENDMENTS TO ORDINANCE No-67-21 AS AMENDED, ORIGINALLY ENACTED BY THE CITY COUNCIL ON MARCH 13, 1967, AND ENACTING OR RE-ENACTING REGULATIONS AND RESTRICTIONS WITH.RESPECT TO HEIGHT, NUMBER OF STORIES AND SIZ'OF BUILDINGS; THE PART AND PERCENT- AGE.OF ANY LOT THAT MAY BE OCCUPIED; THE_MZE-OF YARDS, COURTS AND OTHER OPEN. 'SPACES; LOCATION AND USE 'OF BUILDINGS AND' PREMISES FOR TRADE, INDUSTRIAL, RESIDENTIAL AND OTHER PURPOSES; DEFINING AND RE-DEFINING DISTRICTS AND THE BOUNDARIES OF DISTRICTS; PROVIDING FOR CHANGES Ah'D MODIFICATIONS TO THE REGULATIONS AND RESTRICTIONS.REGULATING NON- i CONFORMING USES; DEFINING CERTAIN TERMS IN CONNECTION THEREWITH; PRO- VIDING PENALTIES FOR VIOLATION THEREOF; PRESCRIBING. EFFECTIVE DATE; REPEALING ORDINANCE No.67-21 AND ALL AMENDMENTS THERETO EFFECTIVE WITH THE EFFECTIVE DATE HEREOF, AND DECLARING AN EMERGENCY.. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I - PREA14BLE i Section l: The City Council finds that for more than a year last past the City Planning Commission and its staff has conducted a searching review and re-study of the zoning pattern and land use map of the Tigard area, giving particular regard to the trend in use and development of.lands, and as a result thereof prepared a land use map; and the Council further finds that the City Planning Commission and its. staff as a result of said study and survey has caused to have pre- pared a re-draft :of the zoning ordinances of the City of Tigard embody- ing therein proper and current provisions of Ordinance No. 97-21 and. amendments, and, after due and legal_ notice, the Planning Commission held and conducted a public meeting and hearing with respect to said revisions and recodifications on May 19, 1970, whereafter the Planning Commission recommended to. the City Council the adoption of the recodi- f1cation of the zoning ordinances of the City of Tigard. Section 2: The Council further finds that the Council reviewed the proposed recodification as redrafted by the Planning Com- mission and by resolution duly passed at its meeting of May 25, 1970, a hearing was called to be. held with respect .thereto.on June 8,1970; ` and the Council further finds: a) That said meeting and hearing was duly and regularly held on June 8, 1970.and by motion duly made, seconded and passed, said hear- ing was continued to June 22, 1970• b) That=! June 22., 1970 further hearing was conducted, and by motion duly passed, said hearing was continued to. the regular meeting of the Council of July 13, 1970, whereat further hearing was afforded interested persons, and on motion duly passed, the hearing was con- tinued to.the Council meeting of July 27, 1970. y c) That at the meeting of July 27, 1970, further hearing was afforded all interested persons with respect to recodification of said zoning ordinance, and on motion duly passed, the hearing was con- tinued to August 10, 1970 when further hearing was duly and regularly held. Page 1 - ORDINANCE No. 70- r d) That at all of said sessions the general public and all persons particularly interested, were afforded adequate opportunity to Fr be heard with respect .to the proposed adoption of said recodification ry of the zoning ordinance. e) That with respect to each of the public hearings and con- tinuances thereof and the purposes to be thereby served, due and legal notice was given in the manner provided by law and that all proceed- ings were conducted in' accordance with the requirements of Chapter.227 Oregon Revised Statutes. Section 3: The City Council further finds that the said report of the Planning Commission and the contents of Ordinance No.67-21 and all amendments thereto and the zoning districts. thereby defined, are in the public interest and are reasonable, proper and necessary for the health, comfort, convenience, preservation of the public peace, safety, morals., order and the public welfare, and the regulations and restrictions are appropriately designed to promote. the public health, safety and general welfare, giving reasonable consideration among other things to the character of each of the districts involved, its peculiar suitability for particular uses, conservation. of property values. and the direction of building and use development in accordance with a well-considered plan, and the Council further finds that said regulations and restrictions are uniform for each class of buildings throughout each district and are designed geed to secure safety frogs fire ` and other danger and to promote public health and welfare and to pro- ride for adequate. light, air and reasonable access, and in all manner of thingz eonform to the requirements of law. SECTION 290 - REPEALER t- Concurrently with the effective time and date of this ordinance, Ordinance No. 67-21 enacted by the City Council on March 13, 1967 and . all amendments: to same heretofore enacted, and all sections of any other ordinances heretofore enacted by the Council in conflict or inconsistent herewith, be, and the same are, hereby repealed. z. SECTION 290-1 - EFFECTIVE DATE Inasmuch as it is necessary for the peace, health and safety of the people of the City. of Tigard to clearly define and establish with- -out delay the revisions and rec,odification of. the zoning and land use regulations of the City of Tigard and to provide a legal means of con- trolling the location, development, use and occupancy of land and to protect the public health, safety and general welfare of the people of the City. of Tigard, an emergency is hereby declared to exist and this Ordinance shall be. effective upon its enactment by the Council and approval by the Mayor. r~. PASSED: By the Council, by unanimous vote of all Council members after being read three times by number and title only, this 2 th day of August, 1970 Recorder- y Tigard C' APPROVED: By the Mayor, this 24th day of August, 1970 at/i=__ Zt_ 4:=° Mayor - City o gar d) That at all of said sessions, the general public and all persons particularly interested, were afforded adequate opportunity to rV be heard with respect to the proposed adoption of said recodification of the zoning ordinance. a" e) That with respect to each of the public hearings and con- tinuances thereof and the purposes to be thereby served, due and legal notice was given in the manner provided by law and that all proceed- ings were conducted in' accordance with the requirements of Chapter.227 t" Oregon Revised Statutes. Section 3: The City Council further finds that the said report of the Planning Commission and the contents of Ordinance No.67-21 and all amendments thereto and the zoning districts. thereby defined, are in the public interest and are reasonable, proper and necessary for the health, comfort, convenience, preservation of the public peace, . safety, morals., order and the public welfare, and the regulations and . restrictions are appropriately designed to promote. the public health, safety and general welfare, giving reasonable consideration among ' other things to the character of each of the districts involved, its peculiar suitability for particular uses, conservation. of property values. and the direction of building and use development in accordance With a well-considered plan, and the Council further finds that said regulations and restrictions are uniform for each class of buildings throughout each district and are .designed to secure safety froic fire ` and other danger and to promote public health and welfare and to pro- vide for adequate. light, air and reasonable access, and in all manner of things eonform to the requirements of law. SECTION 290 - REPEALER Concurrently with the effective time and date of this ordinance, Ordinance No. 67-21-enacted by the City Council on March 13, 1967 and . all amendments: to same heretofore enacted, and all sections of any other ordinances heretofore enacted by the Council in conflict or inconsistent herewith, be, and the same are, hereby repealed. SECTION 290-1 - EFFECTIVE DATE r: r Inasmuch as it is necessary for the peace, health and safety of the people' of the City of Tigard to clearly define and establish with- -gut delay the revisions and reoodification of. the zoning and land use regulations of the City of Tigard and to provide a legal means of con- trolling the location, development, use and occupancy of land and to protest the public health, safety and general welfare of the people of the City. of Tigard, an emergency is hereby declared to exist and this Ordinance shall be. effective upon its enactment by the Council and approval by the Mayor. 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I I I . 3' c • c. a t +w LW--. saw f ~ a~R t ^ t . vat ~j' ~ ~ A~ v7 , Arp • > S a t~ ~R ,1,~"~`-'~tf^~.IS~i~+"3'S~F}r.'6'~~ ~ ••'nY ~ ==TIC, ~ ..uEl - 4• 1 Poor Original SECTION 10 T2S R I W WM. 4 S SCALE i'• too' 3 2 G--~ 9 10 7 M ! Ir 4 IIr ~ 3 ~ ♦t~ h ~ 1~ J t r• 1 P _ y. ~ rb ` I rt ` ~ 1. _ iii/ b C•^e WILLOW - BROOK FARM ' ; 1. Lai',. ~ t ~ • r i~~) w t ~ r J ~•0 t „ 11 T~ bnr SECTION 10 TIS R I W. I! 14 SECTION 10 TZS R 1 W wm. SCitt r• too' 3 2 4 3 10, yeN v.ees . I r / M I r . a ~ i _ _ . _ -=7ut~=: 4 na"7SSFA'S~.-~ , J~p 3 c-t ~ r'~'i j ii:, p 7•/ a r~• g „rat. iy ,'S v I • I r I a \ g -`tip ~ OI I ' 'Vill, WILLOW- BROOK FARM t • > 10 11 t.l jti•'t ; s1IQ1IY ~1f0ATL_..°._~.:__..__.. pi IS ~ J ~ • • • r ~ f l SECTION '10 716 R1W ! ' 13 4 N' f' t a Ah ~ iyt 3 I t St~~ 7 ~t yyX,, ' 9 ~ cy~ d t ~ t v. r x r. 9{ ~iY y n l r1s r ~ i 'e .a~ 7 L I NI V a 0 tii.: ■ J racy Poor Original I - SECTION II T28 RIW W.M. E 2 / %CAL, I' • too' 2 8 9T ~T. 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N 1: x n dix » r I .i!► I v S t . 4 Y ~t Jill I • s"m. x .~rh,. dd A~ ck t l oo ltt~` - u3i; 1!1 ff RS N lif'. pf:M N ~4 yr, ¢i ~h., 41,:. ~ ~ ■ 'x ~i( y, Yn. q 1 S r r' ? l4 s. a'i 'gip y't, tM )s}'~ni,T a§ ~r ~~~~'<~`~ay"~~ .'~SS s'r~.' •~ki~-..1 I ca. r ;Y:~, - ..1 ~+t v~~r F ~tiAr~. st ~ Jt Z ~ t 5 r' ;Vi " rd W.1 t ~ V ~ ( a a^~i 4 4 F x "'i,yt _•.."jam F c a ~i . er i~~~ ~ ~ ~ t re ~ di iw. ~tw ~i a =3- ti ` r e ~ y y j d"•`SC,t WUt ~ w. . i ~ A '~'rx'^•" `~M,`, p F t ~a. §e.IG F ~'y y ~ ;'.aC' ~ 6 ..ter µ M1 ..°~'T~n.: T°s!,....~!:~h'ahv+~pnl:a+tliy~ •'^'472+5'.T%,•" 1 CITY OF TIGARD, OREGON ORDINANCE NO. 71 AN ORDINANCE RELATING TO OUTDOOR SIGNS VISIBLE FROM PUBLIC PROPERTY OR FROM PUBLIC RIGHTS-OF-WAY-1PRESCRIBING REGULATIONS AND STANDARDS; PROVIDING FOR ADMINISTRATION AND PROCEDLMES; REQUIRING LICENSES AND THE PAYMENT OF FEES; REPEALING ORDINANCE NO. 69-35; PROVIDING FOR PENALT11P.So. PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I GENERAL PROVISIONS Section 101: PURPOSE AND SCOPE. The City Council finds that to protect the health, safety, property and welfare of the public, to improve the neat,,. clean, orderly and attractive appearance of the community, to improve the effectiveness of signs in identifying and advertising r businesses, to provide for safe construction, location,. erection, and maintenance of signs, to eliminate signs that demand rather than invite public attention and to-prevent proliferation of signs and sign clutter, and to minimize adverse visual safety factors to public highway tra-°el.ers, it is necessary to regulate the design, quality of materials, construction, location, elec- trification, illtmination and maintenance of all signs visible from public property or from.pub7lic rights of way. This ordinance shall not be construxed to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance or state or federal laws Section 102: SHORT TITLE. This ordinance shall be known as the "SIGN ORDINANCE" of the City of Tigard and may be so cited and pleaded and shall be re ferred.to.herein.as This Ordinance. Section 103.: DEFINITIONS. For the purpose of This Ordinance, words used in the present tense include the futures the singular number includes the plural.,. Page 1 t,' .R1 'PYP J} -na,4; CITY OF TIGARD, OREGON ORDINANCE NO. 71 AN ORDINANCE RELATING TO OUTDOOR SIGNS VISIBLE FROM PUBLIC PROPERTY OR FROM PUBLIC RIGHTS-OF-WAYg PRESCRIBING REGULATIONS AND STANDARDS; PROVIDING FOR ADMINISTRATION AND PROCEDURES;. REQUIRING LICENSES AND THE PAYMENT OF FEES; REPEALING ORDINANCE NO. 69-35; PROVIDING FOR PENALTIESg PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: CHAPTER I GENERAL PROVISIONS Section 101: PURPOSE AND SCOPE. The City Council finds that to protect the health, safety, property and welfare of the publico to improve the neat,,. clean, orderly and attractive appearance of the community, to improve the effectiveness of signs in identifying and-advertising r. businesses, to provide for safe construction, location,. erection, and maintenance of signs, to eliminate signs that demand rather than invite public attention and to-prevent proliferation of signs and sign clutter, and to minimize adverse visual safety factors to public highway tra:-,-el-ers, it is necessar7 to regulate the design, quality-of materials, construction, location, elec- trification, illumination and maintenance of all signs visible from public property or from.public rights of way. This ordinance shall not be constr-jed to permit the erection or maintenance of any sign at any place'or in any manner unlawful under any other ordinance or state or federal law. Section 102: SHORT TITLE. This ordinance shall be known as the "SIGN ORDINANCE" of the City of Tigard and may be so cited and pleaded and shall be j, referred to . herein . as This Ordinance. Section 103.: DEFINITIONS. .Q For the purpose of This Ordinance, words used in the present tense include the futures the singular number includes the plural,. Page 1 MAC a`5'~:r&3ewei. 3S.a.iz,~+. ~'3v~~y.,r. :,F.,r.r r..."f,. y,.r..._ .ar. tire. r .:i.•t "..t,. ~,.c:z w > '*--:Y. L,~ 't` ~.~1'a~if~yf'L '"n~i't f~•n3~~s S jr t.~ ~ "'t` ~';y _ ! yam, . k ~ . a4r;)p>tM1.~ r. l rj:r M.s d 4 r- r y ~pggo_ s~ hunanious tvote off 811 council mamber$ present9 after being ~read tYiree A.- mes by number '-end title only p this 11th day of January a 19710 j eco era T1W 0 Sa anuar~'B = ~ AppRpy~~Do By the Mayor9 this lath day of J 19710 r Ba A ~ .?-y r,~ 1ra,!•- vY Z r'~ 1' ah s ~ ? ~ f t ~ ,t7t~ ry ~ ~ t b t 'Ci~~ lK~i1.~ p~~1 y.~~! p .a.~_`~,~-e-s r''* .,,~~1*~ ; ~e v~x,..r lip, - !t • 'F i!?'f ~ 4-' t +t r F "'"„~Lil' ) n . 1 r. \t f?r.J yt ,~q' h"45.4 C ~ `3 h r y, 3 ,w Y:. ~D` S`a `4 Y. tii'r c.ti n ! r ` B} ,~r3 ~~.vhr ~ h z g•!1 i a ' Y'a f} 'c; i. .n a' tK =yt.~, ,r , ~ i j 1~5~ y',F'1 k !'Ae Y,+y r, •~,~r„ f ~r~~., ~ ~l ~~~p~.9' ~-~T at.~ :r F.L6t:'},:" s,}S.. q'fs.1'~ r r i s ~.+Y~" ~Zµi^< .~F~te k Ja ryr~.,ttf~ 4 ytti, ~ ~"~~:5{-'fir ~ •<f. t > +~~pri ' t t , x a r-. c.. ~z try r ~t ~ ~ .;r. ~ z,~ :-4v ~ 4~,t.x ~ ~y~t:[ ~'S e.. T K tt n~ ,..T G .f k -t a } ~ F 1 ! rr ; K ^.i L uv ,.,,~."P ~~.w,{}~ r "rY~r ~ .sue ! ~ . r.'.d a.x `i ``r . i?"_•?~js:Fiti $w~.t~F `1c `:v'"y. iy, ,,,c,.,~.~, ~ ah. `F-~ a~~ ,..'tt' f t 4 P U `~rv ^x' .1•A : a h q+ r) <S`.'+~2!c!?41+n'LS:'-.. r.~'4;4.tt~:.s..^.!`x..r-:~t!~`-r, ;r"};.~....'1^~"`k. .ii ...-..e, ?'F:"r'•_.ckaa?.:~~;~. ...,n. Fst.-. ,e _.sy+~•-i.; ~'a'w+h•G'::~f'z$?.t'~~:E..~'.CZ~'t~':~..`:C.'; ' 16.04.010 Title 16 SIGN REGULATIONS chapters: ...116.'.04 Pur ose, Title 16.08 De initiohs 16-.12 Permits 16.16 Licenses 16.20 Identification 16.24 Nonconforming Signs 16.28 Removal Provisions 16.32'.Board of Appeals 16:36 Zone. Regulations .16.40. Special Types of Signs. 1.6.44 Construction. and _Maintenance 16 e. 4- 8w 'Administration' Chapter 16.04 PURPOSE, TITLE Sections: 16.04:0.10 Purpose and scope. 16..04.020 Short-title. 16.04.010 Purpose and scope. The city council finds that to protect the health, safety, property and welfare of the public, to improve the neat,-clean, orderly and attrac- tive appearance of the community, to -improve.the effective- ness.of signs in identifying and advertising businesses, to provide for safe construction, location, erection, and mazn- tenance of: signs,-to eliminate signs that demand rather than invite public attention and to prevent proliferation of signs and sign clutter, and.to minimize adverse visual safety fac- tors to public highway travelers, it is necessary to regulate the design, quality of materials, construction, location, electrification,- illumination and maintenance of all. signs visible from public property or from.public rights-of-way. This. title shall not be construed to permit the erection or maintenance of any sign at any place or in any manner un- lawful under any other ordinance or state or federal law. .(Ord. 71-5 §101, 1971). 188 16'.04..010 Title 16 SIGN REGULATIONS Chapters: 16:.04. Purpose, Title 16:08. De initiohs 16.1f Permits 16.16 Licenses 16.20 Identification 16.24 Nonconforming Signs 16:28 Removal Provisions 16.32' Board-of Appeals 16.36 Zone. Regulations .16.40. Special Types of Signs 16.44' Construction. and Maintenance 16 48.. "Administration Chapter -.16.04 PURPOSE, TITLE l Sections: 16:04:0.10 Purpose and scope. it 0.4.020 Short- title. 16.04.010 Purpose and scope. The city council finds that to protect the health., safety, property and welfare of the public, to-improve the heat,-clean; orderly and attrac- tive appearance-of the community, to improve.the effective- ness.of signs in identifying and advertising businesses, to provide for. safe. construction, 10dation, erection,.and main- tenance- of: signs, to eliniiriate.signs that demand rather than invite public attention and to prevent proliferation-of-signs and sign clutter, and.to minimize adverse visual safety fac- tors to public highway -travelers, it is necessary to-regulate the design, quality of materials, construction, location, electrification,- illumination and maintenance of all signs visible from public property or from.public rights-of-way. This.title shall not be construed to permit the erection or maintenance'of any sign at any place or in any manner un- lawful under any other ordinance or state or federal law. '(Ord. 7175 §10.1, 1971). 188 1 f~ Agenda Item # Meeting Date May 8, 200 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Tigard Grange No. 148 Ballot Measure 37 Property Compensation Claim (M372006-00002) Prepared By: Emily Eng Dept Head Approval: City `'Igr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a Ballot Measure 37 claim concerning the Tigard Grange No. 148 property located at 13770 SW Pacific Highway (Exhibit B)? If approved, Council must consider whether to pay compensation for the loss in property value attributed to the City's billboard prohibition or waive regulations to allow the Tigard Grange to install a billboard. STAFF RECOMMENDATION Staff recommends that Council approve the claim and waive the subject regulations by adopting the attached ordinance (Attachment 1) because the subject regulations did not exist in 1876 and have restricted the property in a way that reduces its value. KEY FACTS AND INFORMATION SUMMARY Ballot Measure 37 states, "If a public entity enacts or enforces a new land use regulation or enforces a land use regulation enacted prior to December 2, 2004, that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation" (ORS 197.352(1)). Rather than paying compensation for valid claims, the Measure also gives a public entity the choice of waiving the subject regulation. While staff recommends approval of this Measure 37 claim related to billboards, staff has recommended denial in other cases. In the case M372005-00002 (Hi-Hat, Inc.), staff recommended denial based on the fact that the claimant could not prove ownership. In the case of M372006-00001 (Truck Terminals), staff is recommending denial based on the fact that the desired use (billboard) was not permitted when the claimant acquired the property in 1970. The claimant Tigard Grange demands compensation in the amount of $178,813 for the loss in property value resulting from regulations in the Sign Code (Tigard Development Code Chapter 18.780) that restrict the claimant from placing a billboard on the subject property since its ownership date of 1876. Because the subject regulation is part of the Development Code, it would be considered a zoning ordinance and, therefore, a "land use regulation" as defined by Measure 37 (defined in ORS 197.352(11)(B)(iii) as "local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances"). The subject regulation is considered a "Zoning District Regulation" in the Sign Code (Section 18.780.130 (Zoning District Regulations), Subsection C (In the C-G and CBD Zones. In addition, it is a "land use regulation" that restricts the property owner's use of its property (i.e., installing a billboard on the property). Staff finds the claim to be valid and recommends approval of the claim. Below are the key facts and findings that support staff's recommendation: • The claimant has provided evidence of continuous ownership since July 22, 1876, when the subject regulations did not exist; • The subject regulation has been in place since 1993 (Ordinance No. 93-12), after the claimant acquired the subject property. An earlier regulation, Ordinance No. 67-21 did not allow billboards but was repealed January 11, 1971 by Ordinance No. 71-5. This regulation was also enacted after the claimant's ownership date; • Tigard Community Development Code Section 18.780.070.M currently prohibits billboards and, therefore, restricts the subject property in a way that reduces its value relative to a potential lease; • Tigard Community Development Code Section 18.780.130.C currently allows freestanding signs up to 90 square feet per face and up to 22 feet in height, whereas a typical billboard is 672 square feet per face and much higher; and • The application was properly filed with the City (Attachment 2) and staff has not found reasons to deny this claim based on procedural inadequacies. • This claim does not qualify as one of the exemptions listed in the text of Measure 37 (historically recognized public nuisances based on common law; public health and safety as defined by the Measure; restricted by federal law; and regulation enacted prior to ownership date.). With regard to public health and safety, staff determined that prohibiting billboards is not a protection of public health and safety as defined by Measure 37. Public health and safety are defined in ORS 197.352(3)(B) as "fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations." The billboard prohibition is an aesthetic protection for public welfare, which would not qualify as a public health and safety regulation that is exempt from the Measure. OTHER ALTERNATIVES CONSIDERED Council may consider adopting additional findings to deny the claim. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Staff Report Exhibit B: Vicinity Map Attachment 2: Applicant's Materials FISCAL NOTES The applicant provided a $1,000 deposit to cover application review costs. This deposit will be refunded to the applicant as Tigard Municipal Code Chapter 1.20 requires if Council determines the claim is valid. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 CLAIM (1\4372006- 00002) WAIVER OF THE TIGARD DEVELOPMENT CODE CHAPTER 18.780 AND COMPREHENSIVE PLAN POLICIES RELATING TO SIGNS THAT ARE MORE RESTRICTIVE THAN THOSE IN PLACE ON JULY 22, 1876 WHEN THE 0.93-ACRE PARCEL LOCATED AT 13770 SW PACIFIC HIGHWAY (WCTM 2S103DD, TAX LOT 600) WAS ACQUIRED BY THE TIGARD GRANGE NO. 148; AND TO ALLOW DEVELOPMENT UNDER THE REGULATIONS IN PLACE AT THAT TIME, SUBJECT TO THE STANDARD SIGN PERMIT APPLICATION PROCESS. WHEREAS, the voters of the State of Oregon passed Ballot Measure 37 in 2004; and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the more restrictive regulations where property is owned prior to the adoption of said land use regulations; and WHEREAS, a claim was made by Tigard Grange No. 148 in the amount of $178,813.00 as the reduction in the value of the property under the current Tigard Community Development Code; and WHEREAS, the Tigard Grange has owned the property since July 22, 1876, preceding the current Tigard Community Development Code regulations and other applicable standards; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached staff report (Exhibit A) and vicinity map (Exhibit B) are hereby adopted as findings. SECTION 2: A waiver from the Tigard Community Development Code standards is hereby granted to Tigard Grange No. 148 to install a billboard, subject to the standard sign permit application process. Once the Tigard Grange ceases to be the owner, however, any expansion or major modification beyond development applied for during this ownership shall be subject to the land use regulations in effect at the time of application. SECTION 3: This waiver applies to the property south of SW Pacific Highway, east of its intersection with SW McDonald/SW Gaarde Streets at 13770 SW Pacific Highway; WCTM 2S103DD, Tax Lot 600. SECTION 4: 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 32007. ORDINANCE No. 07- Page 1 Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 32007. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 EXHIBIT A Agenda Item: Hearing Date: Ma 8 2007 Time: 7:30 PM STAFF REPORT TO THE V CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 180 DAY REVIEW PERIOD = 5/15/2007 SECTION I. CLAIM SUMMARY FILE NAME: TIGARD GRANGE NO. 148 PROPERTY COMPENSATION CLAIM FILE NO: Measure 37 Claim (M37) M372006-00002 CLAIMANT/ CLAIMANT'S OWNER: Tigard Grange No. 148 REP: Jill S. Gelineau PO Box 230252 Schwabe, Williamson & Wyatt Tigard, OR 97281 1211 SW 5th Avenue, Suite 1900 Portland, OR 97204 CLAIM: The claimant demands compensation of $178,813 for loss in property value resulting from regulations that restrict the claimant from placing a billboard on the subject property. The claimant has owned the subject property since July 22, 1876. AFFECTED REGULATION: Tigard Development Code, in particular but not limited to Chapters 18.780 and 18.520; and Tigard Comprehensive Plan. ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 13770 SW Pacific Highway; Washington County Tax Map 2S103DD, Tax Lot 600 (Exhibit B). APPLICABLE CODE CRITERIA: Tigard Municipal Code Chapter 1.20. SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council review the following report and determine whether the claim is valid. That is, whether the City's sign regulations have restricted the claimant's use of the subject property in a way that reduces its fair market value since the claimant acquired it on July 22, 1876. Staff finds the claim to be valid and recommends that Council waive the subject regulations based on the analysis in this report. TIGARD GRANGE, NO. 148 COMPENSATION CLAIM S'I'AI~f~ RE.P012'1' (NI372006-00002) PAGE. 1 01 ,6 CHY COUNCIL 1-II3ARIN'G 5/8/2007 SECTION III. BACKGROUND The 0.92-acre subject property is located on SW Pacific Highway, east of its intersection with SW McDonald Street/SW Gaarde Street. The claimant, Tigard Grange No. 148, acquired the property on July 22, 1876 and the existing building has been in use since 1925. The subject property is currently zoned C-G (General Commercial) with an HD (Historic District) overlay. The earliest record of zoning for the parcel that staff could recover was from 1981, when the parcel was zoned C-3 (General Commercial). The parcel remained General Commercial with the adoption of the 1982 Comprehensive Plan. It received its historic designation in 1986. Today the Grange site is surrounded by a mix of commercial, institutional and residential uses. Prior land use approvals show that the site is occasionally used for seasonal outdoor sales, such as Christmas Trees and produce. SECTION III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing and include: A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. The subject property is located in Tigard at 13770 SW Pacific Highway, Washington County Tax Map 2S103DD, Tax Lot 600. B. The name and contact information of the person making the claim, the date the Claimant acquired the property, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. The claimant is Tigard Grange No. 148 who has continuously owned the subject property since July 22, 1876 according to a title report dated September 6, 2006. Tigard Grange has no family members. Tigard Grange's representative is Jill Gelineau of Schwabe, Williamson and Wyatt Law Firm. C. A list of all persons with an ownership interest in or alien on the property. Tigard Grange is the only entity with an ownership interest in the subject property. D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. The claimant specifically cites sections 18.780.070 and 18.780.085 of the Tigard Municipal Code as regulations that restrict its use of the subject property. In addition, the claimant included "Exhibit B" with their Measure 37 claim which contains the City's Community Development Code Chapters 18.780, Sig7ns, and Chapter 18.520, Commercial Zoning Districts, in their entirety. Below is staffs summary of the subject regulations: • Section 18.780.070.M (Certain Signs Prohibited) prohibits billboards. • Section 18.780.085 (Sign Measurement) provides the method to determine the size of freestanding signs, but does not itself set limitations on size of articular sign, t~ypes or with respect to zones. • Section 18.780.130.C contains sign restrictions appcbte to the C-G zone which allow only one free standing sign per site and which prohibits any freestanding sign larger that 70 square feet per face or a total of 140 square feet for all sign faces. • Section 18.780.130.C.1.d allows a property owner or tenant to apply for an adjustment to allow a freestanding sign in the same zone to be up to 90 square feet per face or a total of 180 square feet, depending on certain cond-tions. • Section 18.780.130.C.1.e limits the height of a freestanding sign in the same zone to 20 feet, or up to 22 feet with an adjustment. • Section 18.780.015.A.8, which defines "Billboard" as "a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located," reinforces the fact that billboards are not permitted. Because the subject regulation is part of the Development Code, it would be considered a zoning ordinance and, therefore, a "land use regulation" as defined by Measure 37 (defined in ORS 197.352(11)(B)(iii) as "local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances"). The subject TIG RD G1tANG1" NO. 148 COMPENSMION CLAIM STAFF REPORT (M372006-00002) PAG[? 2 OF 6 CITY COUNCIL HE UNG 5/8/2007 regulation is considered a "Zoning District Regulation" in the Sign Code (Section 18.780.130 (Zoning District Re ations, Subsection C an the C-G and CBD Zones)). In addition, it is a "land use regulation" that restricts the property owner's use of its property (i.e., installing a billboard on the property). The claimant's estimate of the reduction in fair market value of the sub)'ect property (as a result of the restrictions discussed above) is $178,813, the net present value of a proposed billboard lease. E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. Tigard Grange requests compensation of $178,813 for the reduction in property value caused by the regulations that prohibit the placement of a billboard. In-lieu of payment, the claimant would welcome a waiver of regulations currently in effect, as long as the removal is transferable to subsequent owners and the subsequent owners would be able to place a billboard on the subject property. To assess the extent to which the regulations would need to be waived, the claimant has not pprovided a description of the proposed use beyond that stated in the applicant's Exhibit C, "a potential property-Vase for a permanent easement on a billboard site." However, it can be assumed all regulations that limit the placement of a billboard would have to be waived. Staff finds that Tigard Development Code (TDC) Section 18.780.070.M, which prohibits billboards, would need to be waived to allow the proposed billboard. The definition for billboard in Section 18.780.015.A.8 would also need to be modified accordingly. TDC Section 18.780.130.C, which limits the size and height of signs in the C-G zone would need to be modified to allow the greater size of a typical billboard (approximately 14 feet high by 48 feet long, or 672 square feet per side) and the required height. F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The claimant has provided a written demand for compensation of $178,813. In support of this amount, the claimant has submitted a letter dated August 15, 2005, from Brian Oliver, Aequitas Capital Management, which provides a method for determining the economic value to the rights of a potential property lease for a permanent easement on a billboard site. The amount of $178,813 is the net present value of a proposed lease over a 20-year initial term if the annual base lease rate was $20,000. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. The claimant's authorized representative is Jill S. Gehneau, who can be reached at Schwabe, Williamson & Wyatt Law Firm, 1211 SW 5`" Avenue, Suite 1900, Portland, OR 97204 or (503) 222-9981. Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In reviewing the claim and this report the claim, the Decision Maker may take any of the following actions: DENY the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. The claim can not be denied on this basis. Code Section 18.780.070.M, which prohibits billboards, does restrict the placement of a billboard on the subject property. Section 18.780.130.C, which limits the size and height of signs in the C-G zone does restrict the size and height of the sign allowed to less than the typical billboard size and height. The TDC defines billboard as "a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located." This definition indicates that billboards are not allowed under any circumstances. b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. TIGARD GRANGE. NO. 148 COMPENSATION CL,AIN4 STAIT REPORT (\4372006-00002) PAGE. 3 OE 6 CPIY COUNCIL 1-1E'ARING 5/8/2007 Based on the available information, staff does not recommend denying the claim on this basis. While the claimant has not submitted a market analysis, appraisal, or other documentation to substantiate the claim amount, it is reasonable to assume that some value could be attributed to the billboard use of the subject property. c. The claim was not timely filed. The claim can not be denied on this basis because it was timely filed on November 16, 2006, within two years of passage of Measure 37 and prior to December 4, 2006. d. The Claimant is not the current property owner. The claim can not be denied on this basis because the claimant is the current property owner, as shown in a tide report dated September 6, 2006. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. The claim can not be denied on this basis. As shown in the title report, the claimant has been the sole continuous owner the subject property since July 22, 1876. Therefore, the claimant was the property owner at the time the prohibition on billboards was adopted in 1993 (Ordinance No. 93-12). NOTE: An earlier regulation, Ordinance 67-21 (repealed by Ordinance 71-5 on January 11, 1971), restricted the billboard use in the same type of general commercial zone by listing only signs "essential or incidental to any permitted use in the zone and not entirely within an enclosed building" as "permitted." However, the claimant acquired the subject property before this ordinance as well. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. The claim can not be denied on this basis because the regulation is not a historically and commonly recognized nuisance law or law regulating pornography or nude dancing. g. The regulation is required by federal law. The claim can not be denied on this basis because the subject regulations were adopted and are enforced as City regulations and are not know by staff to be based on federal requirements. h. The regulation protects public health and safety. The claim can not be denied on this basis because the subject regguulations are not directly linked to public health and safety as defined by Measure 37. Public health and safety axe defined in ORS 197.352(3)(B) as "fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations." The billboard prohibition may be generally related to public health and safety, but is more an aesthetic protection for public welfare. However, the Measure doesn't take into consideration public welfare. Based on staff findings and the City Attorney's advice, staff determined that prohibiting billboards is not a protection of public health and safety as defined by Measure 37. However, if the claimant receives a waiver of the subject regulations, it would still be required to submit applications for a land use permit and a buildin permit. The permit reviews would determine whether the billboard complies with general provisions of the Development Code and Building Code. i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. The claim can not be denied on this basis because the City adopted the present billboard prohibition (Ordinance No. 93-12) and is the jurisdiction responsible for enforcing the rules being challenged. j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. The claim can not be denied on this basis. On October 5, 2006, Keith Benjamin of the claimant's representative's office was informed by Christine Darnell, the City's Code Compliance Specialist, that the placement ofpa billboard is not allowed. Therefore, the City has taken final action to enforce or apply the regulation to the subject property. TIGARD GRANGE NO. 148 COMPL:NSATION C:.AIM S'I'AFI~ 1tI?POR I' (M372006-00002) PAGE"; 4 01` 6 CITY COUNCIL, I-IE.ARING 5/8/2007 k. The City has not established a fund for payment of claims under Measure 37. The claim can not be denied on this basis. Although the City has not established a fund for payment of claims under Measure 37, the City may grant a waiver or suspension of regulations. 1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Based on available information, staff fords no other reasons to deny the claim. Based on the review of the claim and this report, the Decision Maker may also decide to: 2. Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. Staff finds that the claimant has not adequately demonstrated the value of the claim and does not recommend that Council pay compensation. 3. Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time the Claimant acquired the property. The City Council may consider waiving the subject regulations. If granting a waiver, Council must decide if the waiver would be transferable to subsequent property owners, or if the waiver would be a specific exemption to allow the property owner (Tigard Grange) to install the proposed billboard. Staff recommends the applicant be required to apply for land use and building permits so that staff may review the proposed sign for compliance with general provisions of the Development and Building Codes. 4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows the procedure for a legislative land use decision. The regulation can not be modified to allow the claimant what it desires. Since the regulation is a prohibition on billboards, there is no opportunity to modify it without a complete waiver that would allow the billboard. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. In addition, the 180-day processing deadline ends May 15, 2007. Therefore, this action is not an option. The Decision Maker may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to negotiate, the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. Staff does not recommend any options other than what has already been mentioned. A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. This staff report contains only recommendations to the City Council and is not a final decision of the City. TIGARD GRANGE NO. 148 COMPENSATION CLAIM STAIT RI3POltl' (N-1372(X16-000(2) PAGE 5 OF` 6 CITY COUNCIL I [I ARING 5/8/2007 SECTION IV. CONCLUSION Based on the information provided by the claimant and the findings contained in this report, staff recommends that this claim be approved because the City's sign regulations restrict the claimant's use of the subject property in a way that reduces its property value, or an interest therein, since the property was acquired in 1876. If Council decides to waive the profit it4on on billboards and size and height limit for signs, Council shall decide whether or not the waiver should be subject to the following: 1) a condition that the exemption is not transferable; and 2) a condition that the applicant must apply for land use and building permits. Staff believes the use of the Measure 37 claim process for billboard construction was not intended by the voters and it is unfortunate the law can provide such an opportunity. With the subject regulations in place, the Tigard Grange proTO, rty (designated Historic and other properties in the same zone would be able to install a freestanding sign up to square feet per face. Without the subject regulations, the Tigard Grange property will be allowed to install a freestanding sign of 672 square feet per face, which is 7.5 times more than what other properties in the same zone would be allowed. While staff recommends approval of this Measure 37 claim related to billboards, staff has recommended denial in other cases. In the case 11372005-00002 (Hi-Hat, Inc.), staff recommended denial based on the fact that the claimant could not prove ownership. In the case of M372006-00001 (Truck Terminals), staff is recommending denial based on the fact that the desired use (billboard) was not permitted when the claimant acquired the property in 1970. Tigard Grange's advantage in this case is its ownership date of 1876, when the subject property would not have been restricted from installing a billboard. It is unlikely that billboards existed when the claimant acquired the subject property in 1876, but Measure 37 allows property owners to submit claims based on a loss of property value resulting from regulations that restrict the use of the property today. Therefore, the Measure doesn't require jurisdictions to consider whether a use was realistic in the past or whether the property owner ever intended to install a billboard prior to Measure 37 being passed. -Z ~50~~ May 1, 2007 REPA ng DATE Assistant Planner May 1, 2007 R IEWED BY: Richar . Bewersdorff DATE Plan g Manager TIGARD GIU\NGI3 NO. 148 COMPENSATION C4,Al\4 STAFF IZfiVOR1' (N4372000-00002) PAGE. G OF G CITY COUNCIL HEARING 5/8/2007 co A(RHAVEN ° L CITY of TIGA 1 ' ' ` t ST GEOGRAPHIC INFORMATION SYSTEM ~r W _ M372006-00002 x W Tigard Grange Q" Compensation Claim FAIRHAVEN TIGARD GRANGE SITE ARK PL 13770 SW PACIFIC HWY S FERR ' fE0.0. HILL P -1- D gE F SEND 0.0. WR RD 3 ULI \ Tigard Area Map N E- O 0 100 200 300 Feet 1"= 200 feet 1 _ Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd w Tigard, OR 97223 \O (503) 0394171 hitp:/Axww:ci.tiga rd.or. us Community Development Plot date: Apr 20, 2007; C:UnagicWIAGIC03.APR ATTACHMENT 2 PROCEDLIM FOR IBALLCT MEASURE 37 ILI r%7. COMPENSATION .,AIM Gly of T $9.~ 71 S Hitld Bt598r It960 OR 97223 fax. .503. The cfa m mast be in writing and include the infomiation tfsmd bellow. The claim shaft not be considered filed unixl all'ofthe're uim=nts of the xQCedais axe met: . • P~Ii ~r~rit•,,,~ratr. t~lvi~ cash No: K 37 (o-v ~D a- Apolrmi n Acceptid $r 5 - 79are: l l ~ (Iv ~ D ~ Date Derelmitted cpopit: ~mb~na~+►a«ayaa=►nt,a:ax~s~catrf0, the mstt lie Cetyieiiirr iaptattS9iDg tltG diitn. Sf t~uCed9 efapeas, t5e alsiaaat a6all pryaapadditions[ aatoune.~ishia 30 of o demand fryt5e dry forts pWwzr. if cosy ace leis Shan Abe the diffelr~ce be ee£uadoa ao the elaimaa~ 1~TtFrS~tOt~T ~,,~~C.~' ~f~1~RQfpIERTY . 1'ropenys et A,3dress~Iocat;on(s)• 13770 SW Pacific Highway Tzx1&p&Taxi.6t#(s). Township 2 South Range 1 West Section 3DD Tax Lot 60Q subdivision Lot ~ pm,osA~nee~zsd~~. Tigard Grange tacldras:_::BBbx 230252: phone. (50.3) 590-7773 ' chy/smt. Tigard, Oregon zip: 97281:1 (Attachiisufamrc than om) . Dam A.tquimdPropemp July 22, 1876 Dam P~~,yMembar of C9aimant Acquizgd P:apertty C~ applicable) Names and Relationships of Pamaylviem!• W that are Prnvious 0WA&s Cif applicaW). (Attach th tifadditiowl Space is ntc&,,d) x1=VSe=tity1atecrost W4 krs of the &ected prop;rg, Address: pbome (attxc~ ii~rifoza~ t~ ase> - r Y VhCa the, QvmIr Asia the appxicaat are dieram VC904, At owners of the affected property must visa tLU appUmdonln the space pxovidsd ou tbt: back of this form. If the d&cted property is owned •by swa or more ?tmom mcl. uat -A oww= seek •co=pmanon, all owncls who do not seek eomp&=tlon anal! sign a waive of die xighc to compemadoi. RR]T,ATION BESx}tXl' TINGUM Idemifythe reguhtion -hat is aIlcged w restlict use of affected property. Provide a statement descrb'sng lxow the restic6on affwt3 she value of die property. (Attach additional matmrfais %3 mtessaM See Exhibit B CLAIL~' ? REN Pm%ide a statemum of whedw daimatst prefers compeus~ or a TIuiver, suspension, or mocW=tiou of the re spladom- See getter Tntslude x swON=lc C6cdzittg the em, or co Vh" roe regtdadon would decd zo.be t.aeved, suspended, or mm aif ed to avoid the need for compe-nm ion. Adescription or t6 Q_rQ}Z use mustbe'pmvided. (Atxachadci~itlo rnatedals as neccsaxry) See Letter 0014II~EIS 'F'YON A1VtQ ~I` OF 'iheasncnrntclatrrcd~scotnpettsatl~. See Letter and Exhibit C Provide tlaCtnawenttton supporting the amount. Said clwu iertcadon shall lukxte a nku&ct analysis. appraisal, or od= flattztneatatiott at least cqui+~a el tit to a maiicet analysis. CJ<a==U' Audio&td Rep=afttlvc(s) if applicable. SIGNAT[JitES.of ~h amatez of tba atr6}ectpm'pcsty, DATED *iis ^ dayof f er 7A-2~ %ar4'6r1we. -`7 Ocv~cetrs S'rgnatc~e O hies sjERtiare Uwnes's sdgAatax~ »s/o6 i~\m Vl \==tem\lwd we W4bdaos\b&t mum V d2im !ormdot CITY OF TIGARD 11/16/2006 11:08:36AM 13125 SW Hall Blvd. Tigard, OR 97223 503.639.4171 Receipt 27200600000000005483 Date: 11/16/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid M372006-00002 [M37-CD] Measure 37 Deposit 100-0000-229080 1,000.00 Line Item Total: $1,000.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check SKYLINE MEDIA LLC ST 1213 In Person 1,000.00 Payment Total: $1,000.00 cReceipt.rpt Page 1 of 1 SCHWABE, WILLIAMSON & WYATT & ATTORNEYS AT LAW Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 Phone 503-222-9981 Fax 503-796-2900 1 www.schwabe.com JILL S. GELINEAU ^ Admitted in Oregon and Washington II G•~ Direct Line: (503) 796-2887 NQ Z40 E-Mail: jgelineau@schwabe.com v I ?O06 November 16, 2006 F~c~~ BY HAND DELIVERY City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Measure 37 Claim for Tigard Grange Property Dear City of Tigard: This office represents Tigard Grange, and is submitting this written demand for just compensation on its behalf pursuant to Measure 37. Tigard Grange acquired tax lot 600 in Section 3DD of Township 2 South, Range 1 West on July 22, 1876. Tigard Grange has had continuous ownership of the property since its initial acquisition. A complete chain of title report is enclosed as Exhibit A. Tigard Grange intends to lease space on its property for the purpose of placing an outdoor advertising sign. Currently, Chapters 18.780.070 and 18.780.085 of the Tigard Municipal Code restrict the development from occurring in the form intended by Tigard Grange. We have identified a number of other City of Tigard regulations currently in effect which were enacted subsequent to acquisition of the property by Tigard Grange, and which restrict the use and reduce the value of the property. These specific land use regulations are listed in Exhibit B to this letter. These land use regulations, and perhaps others, have been enforced against this property. Most recently, on October 5, 2006, City of Tigard Code Enforcement Officer Christine Darnell informed Keith Benjamin of this office that placement of a billboard on the property is not allowed. The City of Tigard did not have land use regulations in effect at the time of acquisition by Tigard Grange that restricted the proposed development of this property. Please note that the City of Tigard land use regulations listed in Exhibit B are those we have been able to identify at this time. It is not clear that every provision of these regulations would apply to the development proposed by Tigard Grange. We believe that the list in Exhibit B is an adequate characterization of the land use regulations causing the restriction of use and Portland, OR 503-222-9981 1 Salem, OR 503-399-7712 Bend, OR 541-749-4044 Seattle, WA 206-622-1711 1 Vancouver, WA 360-694-7551 1 Washington, DC 202-488-4302 PDX/ 115955/ 150191 /KSB/ 1467565.1 City of Tigard November 16, 2006 Page 2 reduction in value for the property, though it is possible that additional land use regulations apply. To the extent that the regulations listed in Exhibit B do not fully capture all land use regulations preventing Tigard Grange from enjoying all uses available at the time of acquisition, Tigard Grange reserves the right to seek relief from, or base its compensation claim on, additional applicable land use regulations. Additionally, due to the novelty of Measure 37 and the claim of Tigard Grange thereunder, we reserve the right to amend or supplement this claim as necessary to satisfy the construction and application of Measure 37. Our position is that any land use regulation (as defined in Measure 37) that prohibits or impairs a property owner's ability to use or dispose of the property as set forth herein, would reduce the value of the property. Under Measure 37, the compensation claim must be paid or ultimately-the owner shall be allowed to use or dispose of the property as permitted at the time of acquisition. The compensation, as a result of the enforced restrictions, shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulations as of the date of written demand for compensation under Measure 37. We estimate the reduction in property value caused by the regulations that restrict the proposed development is $178,813. Evidence demonstrating the net present value calculation is provided as Exhibit C. Tigard Grange respectfully demands that this compensation be paid to it pursuant to Measure 37. In lieu of payment of just compensation, Tigard Grange would welcome removal of the land use regulations currently in effect, so long as the removal is transferable to subsequent owners and the subsequent owners would be authorized to develop the property as described above. The claimants are aware that the City of Tigard adopted procedures regarding the implementation of Measure 37. This claim for just compensation is not made pursuant to such procedures, nor is it limited to regulations enacted prior to December 2, 2004. Section 6 of Measure 37 creates a cause of action for compensation if a land use regulation continues to apply to the subject property more than 180 days after the present owner of the property has made written demand for compensation. Under Section 7 of Measure 37, the procedures adopted by the City of Tigard cannot act as a prerequisite to filing a compensation claim in Circuit Court pursuant to Section 6 of Measure 37. The claimant has submitted the City of Tigard claim form for the convenience of the City, but this submission is not intended as a waiver of Tigard Grange's position on this issue. We do hope that the City of Tigard will act promptly, fairly and responsibly to provide Tigard Grange the clear benefit they are entitled to under Measure 37. PDX/ 115955/ 150191 /KSB/1467565.1 City of Tigard November 16, 2006 Page 3 Please let me hear from you at your earliest convenience. Very tru y , ill S. Gelineau JG:ams Enclosures cc: Tigard Grange Kirk Becker PDX/ 115955/ 150191 /KSB/ 1467565.1 t } City of Tigard November 16, 2006 Page 4 bcc: Mr. Chris Artman Mr. Brad Parsons Mr. Terry Sandblast PDX/ 115955/ 150191 /KSB/1467565.1 1 Recorded Document Guarantee Guarantee No.: NCS-252807-OR2 Guarantee Form No. 27 (5/16/90) Page No. 1 A,-NTr EE Issued by First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250, Port/and, OR 97201 Title Officer.- Jennifer L. Watson Phone: (503)222-3651 FAX: (503)790-7856 RistAm&fcan Tide Recorded Document Guarantee Guarantee No.: NCS-252807-OR2 Guarantee Form No. 27 (5/16/90) Page No. 2 ~Q ? .4 First American Title Insurance Company Nabona/ Commenda/ SetWces 200 SW Market Street, Suite 250, Portland, OR 97201 (503)222-3651 - FAX (503)790-7856 LIABILITY: $350.00 GUARANTEE NO.: NCS-252807-0112 FEE: $350.00 YOUR REF.: Rered enGuarantee ISSUED BY First American Title Insurance Company of Oregon An assumed business of Idle Insurance Company of Oregon Title Insurance Company of Oregon, dba First American -Title Insurance Company of Oregon, herein called the Company, subject to the terms and provisions of the application for this Guarantee, the Liability Exclusions and Limitations set forth below and in Schedule A and the conditions contained herein GUARANTEES Tigard Grange No. 148 herein called the Assured, against loss (except attorney's fees or the cost of defense) not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. The Company's liability ' hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed. by the Assured and a copy of each document listed and referred to in Schedule A must be attached hereto. All terms and conditions of the application are hereby incorporated by reference as if fully set forth in this Guarantee. Dated: September 06, 2006 at 7:30 a.m. Title Insurance Company of Oregon dba FIRS7 AMERICAN TIRE INSURANCE COMPANY OF OREGON By.• l President ~ : Q4t>A ..40 Attest _ / Secretary FiistAmerican ride i ► Recorded Document Guarantee Guarantee No.: NCS-252807-OR2 Guarantee Form No. 27 (5/16/90) Page No. 3 RECORDED DOCUMENT GUARANTEE SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records and those records maintained by the County Recorder known as the Grantee/Grantor indices subsequent to August 23, 2006, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds, Contracts, Assignment of Contracts, Leases or Subleases (hereinafter Documents) describing said real property or any portion thereof, other than those listed below, copies of which are attached hereto and made a part hereof. A. The following Documents or matters disclosed by Documents recorded in the Public Records are specifically excluded from the coverage of this Guarantee, and the Company assumes no liability for loss or damage by reason of the following: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Oregon . 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. B. DESCRIPTION: COMMENCING AT A STAKE ON SECTION LINE 5.81 CHAINS NORTH OF THE SE CORNER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN; THENCE WEST 4.42 CHAINS TO A STAKE MARKED C.S. COR.; THENCE NORTH 330 EAST, 8 CHAINS AND 12 LINKS WITH CENTER OF LAYAYETTE AND POLLAND ROAD; THENCE SOUTH ON SECTION LINE6 CHAINS AND 80 LINKS THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONTAINED WITHIN PACIFIC HIGHWAY STATE HIGHWAY 99W. FURTHER EXCEPTING THEREFROM THAT PORTION CONVEYED TO CHARITY LODGE NO. 75 IN DEED RECORDED MAY 2, 1934 IN BOOK 153, PAGE 430. C. Listed Documents: Document: Deed Recording Date: July 22, 1876 Recording No: Book "L", Page 597 Grantor: M.A. Tigard and W.M. Tigard Grantee: Butte Grange No. 148 RrstAmerlcan Tide Recorded Document Guarantee Guarantee No.: NCS-252807-OR2 Guarantee Form No. 27 (5/16/90) Page No. 4 GUARANTEE CONDITIONS 1. DEFINITION OF TERMS the American Arbitration Association. Arbitrable matters may include, but The following terms when used in this Guarantee mean are not limited to, any controversy or claim between the Company and the (a) "Land: the land described, specifically or by reference, in this insured arising out of or relating to this policy, any service of the Company Guarantee. in connection with its issuance or the breach of a policy provision or other (b) Public Records": those land records designated by state statues for obligation. Arbitration pursuant to this policy and under the Rules in effect the purpose of imparting constructive notice of matters relating to on the date the demand for arbitration is made or, at the option of the said land. (c) "Date": the effective date of this Guarantee. insured, the Rules in effect at Date of Policy shall be binding upon the (d) "The Assured": the party or parties named as the Assured in this parties. The award may include attorneys' fees only if the laws of the state Guarantee, or in a supplemental writing executed by the Company. in which the land is located permit a court to award attorneys' fees to a (e) "Mortgage": mortgage, deed of trust, trust deed, or other security prevailing party. Judgment upon the award rendered by the Arbitrator(s) instrument. may be entered in any court having jurisdiction thereof. (f) "Lease": any lease or sublease of any estate in the land. The laws of the situs of the land shall apply to an arbitration under the (g) "Assignment": the transfer of the beneficial ownership of any Title Insurance Arbitration Rules. mortgage or lease. A copy of the Rules may be obtained from the Company upon request. (h) "Documents": any Deed, Mortgage, Lease or Assignment. Company shall reimburse the Assured for any expense so incurred. S. GUARANTEE ENTIRE CONTRACT No provision or condition of this Guarantee can be waived or changed 2. NOTICE OF LOSS - LIMITATION OF ACTION except by writing endorsed or attached hereto signed by the President, a A statement in writing of any loss or damage for which it is claimed the Vice President, the Secretary, and Assistant Secretary or other validating Company is liable under this Guarantee shall be furnished to the Company officer of the Company. within sixty (60) days after such loss or damage shall have been determined. 6. If any provision or any part of a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect 3. PAYMENT OF LOSS- LIMITATION OF LIABILITY the legality, validity or enforceability of any other provision of this (a) The liability of the Company. under this guarantee shall be limited to Guarantee. the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall 7. This Guarantee is issued only for the benefit of the named Assured and such liability exceed the amount of the liability stated in this does not provide any other rights or remedies upon any other person or Guarantee. entity. (b) All payments under this Guarantee shall reduce the amount of the liability hereunder pro tanto. 8. NOTICES (c) When liability has been fixed in accordance with the conditions of this All notices required to be given the Company and any statement in Guarantee, the loss shall be payable within thirty (30) days writing required to be furnished the Company shall be addressed to it at its thereafter. main office at 222 SW Columbia St; Ste 400, Portland, Oregon 4. ARBITRATION. 97201-5730. 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N•10q.a ti. 3.17 ao.dse.a XU% v- tw{ _t t..r. •Ntgy "on no aw-rlr lls..9 r16 L mull MmIn 1 A M R In Title Insurance Company t.,1Oregon 1 t An assumed business name of TITLE INSURANCE COMPANY OF OREGON 200 S W Market St., Suite 250,Portland, OR 97201 Phone: (503) 222-3651 This-map is provided as a convenience in locatingproperty ; First American Title Insurance Company assumes no liabilityfor a variations as j ny may be disclosed by an actual movey 1A AC/ 01 433 0,/ IA~ i 110.10 ~ 110.10 I 110.10 I .++5 -48.85 °IO S \ 432 ~~S?& x a 428 AI 429 . n 430 431 8 b $ .l 10 j~ 9 R 8 2 7 400 3741 NB831-36E Sti61.10E - / , 6 ta,BO" {ikS` 1 µA a oo. • - - - - V,1 1e OVERA4 '7111.08 I 'w 700. 5000 4800' 48000 4700 +46005 4600 4400 4300m 4200 14100) 400 0p ,pie AC 33 32 31 F 30 S 29 , I 28 qI 27 26 5 25 2 24 q1 23 r3 rl r~+ r~^, J I I ` 8j~e y/, 0' .44.70~44.7a f ~KM 0 44.80 O 44.6 g4. F 00 40. _q g 1\72 7300 \o s~_ 7]tACT'D' R _ C1 \.1'M1q soo3 Piaoo seso seeo sooe 800 _ as.to ll ~ 1.11 AC 600 u 12: ,4~e g 3400;' 3SOOt 13600, 3700P 3800; 3900^ u 6 wi a 17 ¢ 18 19I 20 21 ^g 22 92 AC 6300 , 1 { I o ` 36 0- ' l W r60.42-00W ° 50.08 e@+:tc!":\\ 4~•.. i yl+_~ 122.11 z 107.10 wRo71.6e 770.7190.e / 222.12 L31 so'_ I9 3300 y VVEST aer . Jk 16 ~'m ,g90 5400 $1 a / 5600 37 _ dP~-~oisa _ 711.4 S90 42aoE 39 904. J 6 1O .1 sao•e0w 0b ~~eaAio 31b0 S•. g~~ 4 74.04 ~2_is y. b, lm S - - riba Qi , 0 3100 O'm 1100 < Al t~~ ~:tL iA ^w 14 $n 1.94 AC e1 ~`Q 1201 00 2 100 Q g 100.43 2.90 AC Ts- .o `oti o0 200 3000 - - ?71e.e - - - " / r•=1 w TRACC E' I : 4P A•1~~ g 00 47 10 $I 2800 IRZr r I ry 'J/`/+~ / 0 12 70 $ 101.oo`lsooo 1200 0l e% 8 2900 -I __.13 13 ta.oo i 27 AC ".I 688-2427E T 110,07 • - C} 48.17 Fj E ~e_ 7wi~~~~..w 7MS.c 7o •40.71 S r Yi.7911w EXHIBIT B TO TIGARD GRANGE MEASURE 37 CLAIM CITY OF TIGARD Tigard Community Development Code Chapter 18.780 Signs 18.780.010 Purpose 18.780.020 Permits Required 18.780.030 Permit Approval Process .18.780.~040 ,Expiration-of Approval: Standards for Extension-of Time 18.780.050 Inspections 18.780.070 Certain Signs Prohibited 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments Chapter 18.520 Commercial Zoning Districts 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards Tigard Comprehensive Plan 1 - EXHIBIT B PDX/ 11595 5/ 150191 /KSB/ 1472205.1 uaitaiuts 13:09 FAX 8097234298 Onsite l~01 } S A to 1 MIUSM ►t, lac. AQUIYAS t►o~`tsvrt Wq,IWI$ orera..a,aaW C4FITA1 U&SI MINT 134~~419-31SOa• M)AIMMf"T ww,,mli pCtiplftLem M . August 15. 200S Mr. Stan Smith Capital Fipauaial Group 5100 SW Mwadsm Ave., Suite 210 RE: Vtdvadm for Ume on $Uboptd Saba Dw Mr. Smith,. At your m quest, we have been giving oootideration to quantifying the eum mic value to the right of a petentki property lease for a permanent easemeat on a billbomd site. Aeaordiagly, we have done some markot ruse 4rch and rmancW an$lysis relaeed to rho pmssat value of a potaatal lease stream, which In our opinion bea,quandfies the economic value of the rights to wxh a law. Genial assumptions eyes tbat the s bw&rd least In such a si wdun is estabbsherd for s 20 year initial amn, wn a base rare and annual escalation clause of 23% per yeas. Thu lease is generally directly with'a national billboard company, who ale imowa to be fl0ancially weird entities and thereby mprewnt very low credit risk on the leans stream. s Tbam ere many congmrable binuctions in the market drat suggest that nwtionsl build board t ompanlos are paying a 7x muldple of The average annual Lasso revenue„ adjustod for the t+a aW escalation allowame (the "evorage" low stream Ousted for the oucawon Over the Ift of the laft is 27.W* gr+eatcr than the bean lease rate}, as a markA valuatWn for tsbtz wing the A#& its the lessee on an underlying property lease for a b>7lboard site. UtiIWM this approach at the origiaavkm of the least equates to applying a discount raft of 11.803% on the sm a 7.0 year kaso stream to arrive at a Net Present Value of the sa+eem. This discount rate is very mueb in lift with mmkot mcpeetiAons for ousaction of this nature and risk. ' For example, if the base lease rave was S20,Ot10 annually, the average anmW lease rm "nme vmuld 1 be Z?.0,545, and the V=s Lease revenue ova the 20 year labW terat of the lease would be S510,893. ?he net present va)ves of this lease would be $178,813 based oar (a) 7Y. the. avomp annual lease revenue of $20,545; or, (b) Discounting the gross lease reveaus of $510,893 by an 11,80% discount factor, 1 hope this kW provides you do informstian that you require. If you have any quoxfCms, cr nocd any additional h fbtmation, please don't hesltate to contact um Sivtsore:ly, Brian A. Oliver Exhibit C Senior Manpging Meow PORTLAND. 1 d X666010869 'ON/OZ' t i '1S. Jr :1 { 1302 61 d3S 13%) SN I MOYNOU WOd3 r AGENDA ITEM No. 10 Date: May 8, 2007 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING CONSIDER A BALLOT MEASURE 37 CLAIM Tigard GRANGE NO. 148 (M372006-00002) A request for compensation or waiver of regulations for property located at 13770 SW Pacific Highway 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 and is openly available to all members of the public. 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. 10 Date: May 8, 2007 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 and is openly available to all members of the public. 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. PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 1 7I 1 Stu 546 A e , 4r- iGPc) X09 ~ 5v) N& p-aA t.LyA %41"4 O►2 01 77dN 1 SID(Z- 3 - 2 7 2 -q °lq/ Iq z7A 6A (0-22q M-!>0 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 12372 5-J tsA llv►eu T CA 4A, ve- q~~Z3 (SO3) S 74 - 5 z`1 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.