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City Council Packet - 02/10/2009 a .7 1 C. TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING February 10 2009 COUNCIL MEETING WILL BE TELEVISED I : \Ofs \Donna's \Ccpkt 1 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Reused 2/5/09: Added Agenda Item Na 10 R - Stimulus Package - Update on Cray's IRforProieFw(F&eraIa7dState)J ri ®® City of Tigard T igard Business Meeting — Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: February 10, 2009 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 ith PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be .. scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call :503- .639 -4171; ext. 2410 (voice) or 503- 684 -2772 (TDD - 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 (TUD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11 a.m. Friday 10:00 p.m. Monday 6:00 a.m. TIGARD CITY COUNCIL /LCRB AGENDA - February 10, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 1 of 4 i City of Tigard Itr Tigard Business Meeting — Agenda 2SX, t g; OM=1 W , . A - x ... =r . . : °mss. TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: February 10, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION ➢ Update on West Bull Mountain (Areas 63 and 64) Concept Planning for Future Development o Community Development Department ➢ Annual Review of Annexation Policy o 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): 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council and 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. LEGISLATIVE BRIEFING BY SENATOR BURDICK • Introduction: Administration Department TIGARD CITY COUNCIL /LCRB AGENDA - February 10, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 2 of 4 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Alexa Kanbergs • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication 4. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for January 6 and 13, 2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Approve Grant Application to the US Department of Justice for the 2009 GREAT Grant in the Amount of $125,000 4.4 Local Contract Review Board a. Award Contract to Elting Northwest for the Construction of Greens Way Storm Drainage Improvements • Consent A g e n d a - Itent R e r m z e d f o r S e p a r a t e Discussion. A n y kart requested t o b e w n v l f ro m t h e Consent A 'a • • . for separate discussion will he considered imwdiately after the Ca xil /City Center Dezelopnent Agency has l on . • - . . ;:::. . those-ken -B . 7E1)kb: do not'ne d discussion . • • • • 5. RECOGNITION OF THE COMMUNITY EMERGENCY RESPONSE 'IhAM (CERT) VOLUNTEER OF THE YEAR AND CITIZEN VOLUNTEERS WHO SUCCESSFULLY COMPLETED THE CITY'S CERT PROGRAM • Public Works Department 6. LEGISLATIVE PUBLIC HEARING - MOTOR VEHICLE USE CODE AMENDMENT (DCA 2008- 00004) TO ALLOW "MOTOR VEHICLE SALES /RENTAL" IN THE I -P ZONE AS A RESTRICTED USE a. Open Public Hearing b. Review of Hearing Procedures by City Attorney c. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 09- TIGARD CITY COUNCIL /LCRB AGENDA - February 10, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 3 of 4 7. PUBLIC HEARING - SALE OF THE WATER BUILDING REMNANT PARCEL AND CANTERBURY SURPLUS PROPERTY a. Open Public Hearing b. Review of Hearing Procedures by City Attorney c. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Community Development Department e. Public Testimony: Public testimony shall be solicited at the hearing to determine if the sale of these parcels 1 is in the public interest. Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Resolution No. 09- and Resolution No. 09- 8. CONSIDER RESOLUTIONS AUTHORIZING THE PURCHASE OF THE WATER BUILDING REMNANT PARCEL AND CANTERBURY SURPLUS PROPERTY • Staff Report: Public Works Department • Council Consideration: Resolution No. 09- and Resolution No. 09- • 9. BARROWS ROAD BRIDGE REPAIR STATUS UPDATE • Community Development Department . , . ' V 10. STIMULUS PACKAGES - .UPDATES ON CITY'S,REQUESTS FOR PROJECT' FUNDING (FEDERAL AND'STATE) • Administration Department 11. COUNCIL LIAISON REPORTS 12. NON-AGENDA ITEMS 13. 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. 14. ADJOURNMENT I: \ADM\CATHY \CCA \2009 \090210 business P.doc TIGARD CITY COUNCIL /LCRB AGENDA - February 10, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov Page 4 of 4 City of Tigard ". Study Session — Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: February 10, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION o __ ..: . ! _ . - ! .. -- - - - Set over to March 10, 2009 Annual Review of Annexation Policy o 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). 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: • Distribute Legislative Priorities List to City Council (Assistant City Manager Newton) • New Agenda Item (material forwarded to Council with the February 6, 2009, City Council Newsletter) - Agenda Item No. 10 - Stimulus Package - Updates on City's Requests for Project Funding (Federal and State) • League of Oregon Cities - Work Group on City -State Relationships (see attached) • Fifth Tuesday Meeting at Tigard High School, March 31, 2009; check Council's availability during school hours. • Meeting with TTSD Board and City of Tualatin Council; check Council's availability (see attached) • TVF&R Dinner Meeting 2/24/09 - 5:30 p.m. at the new Tigard Fire Station; check with Council items for agenda, dietary needs. • Budget Committee Schedule: April 27 - 6:30 pm, Library Community Room May 4 - 6:30 pm, Library Community Room May 11 - 6:30 pm, Library Community Room May 18 - 6:30 pm, Library Community Room (if needed) Council Calendar. February 17" Tuesday Council Workshop Meeting - 6:30 pm, T wn Hall 24" Tuesday Council Dinner at New Fire Station - S . Council Business Meeting - 7:30 pm, Town TIGARD CITY COUNCIL STUDY SESSION AGENDA — FEBRUARY 10, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov � 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 dosed 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) (j) - 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: \ADM \Cath \CCA SS - Pink Skeet \2008 \081209.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - FEBRUARY 10, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 www.tigard a roue Y g � � g � - or.gov I. Agenda Item # Sf-U ` $Sibrt. Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Annual Review of Annexation Policy Prepared By: Marissa Daniels/ Ron Bunch Dept Head Approval: ff r---I City Mgr Approval: ISSUE BEFORE THE COUNCIL Council is requested to review the status of its Annexation Policy and Program. The main issue is "Shall City Council continue to invite voluntary annexation based on the benefits of being within the City and continue to offer • incentives ?" STAFF RECOMMENDATION Staff recommends that Council extend its current Policy including waiver of application and mapping fees and phasing in of City property taxes. Staff further recommends that Council direct it to prepare a resolution extending the current policy and associated incentives for another year. KEY FACTS AND INFORMATION SUMMARY On March 13, 2007, Council approved Resolution 07 -13 establishing policy to guide City actions pertaining to annexation of unincorporated lands. The policy emphasizes Tigard's desire to work with property owners and residents of the unincorporated Urban Services Area to secure voluntary annexation based on the benefits to be gained by both parties. In an effort to further encourage voluntary annexation Resolution 07 -13 sets out incentives to annex, including: • Waiver of the City annexation application fee until July 1, 2008; and • Phasing in of increased property taxes over a three -year period at the rate of 33 percent, 67 percent, and 100 percent, for properties that annex during the period of March 13, 2007 to February, 2008, per Oregon Administrative Rule (OAR 150 - 222.111). For the property tax phase -in, a year's time was given to allow Council to assess the effectiveness of this effort and make changes during the annual review of the annexation policy. Staffs approach to implementing Resolution 07 -13 contained four main tasks including mailings, targeted annexation efforts, an updated webpage and online information, and small group meetings. The conclusion after a year of implementation was that the mailing effort and Community outreach did not result in as much annexation activity as expected. However, six property owners did state that the annexation incentives positively affected their decision to annex. Based on this information, On March 25, 2008, City Council voted to extend the offer of incentives to property owners who voluntarily annex to the City of Tigard before February, 2009 (Resolution 08 -12). The incentives included waiver C \I..RPLN \Council Materials \ 2009 \ 2-10-09 AIS_Annexation Policy Discussion.docx of the City's annexation application fee, phasing -in of City property taxes over a period of three years, waiver of the City's pre - application conference fee, and City payment of the Metro mapping / filing fee. OTHER ALTERNATIVES CONSIDERED • Not continue the current voluntary annexation effort with the same incentives, described above. • Continue the voluntary annexation effort but either add or delete incentives. For example, Council may choose to waive all City property taxes for a three -year period. • Amend the City's neutral /voluntary approach to annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES The following outlines the basics of how phasing -in of City property taxes when property is annexed occurs: Oregon Administrative Rule (OAR) 150 - 222.111 provides for phasing in of property taxes and sets out the process. The City is required to notify the assessor's office that taxes are to be phased -in for annexed property and of the tax ratio it wishes to be applied. The Assessor, in turn, establishes separate tax -codes for territory subject to "phased" property taxes. If the City wishes to phase -in the City's property tax rate over a period of time; for example three years, it would notify the Assessor that a newly annexed property shall pay a proportional increment of property taxes each year. For instance, the City could request the County levy 50% of the City's tax -rate the first year; 75% the second and 100% the third year. When cities have general obligation (GO) bond levies, as Tigard does for the new library, phased - in levy taxes are calculated using the same general methodology applicable to the permanent tax rate. l: \]..RP].N \council Materials \ 2009\ 2 -]0 -09 AIS_Annexation Policy Discussion.docx City or I Igara > City Hall > Departments > Community Development > Long Range Pla... Page 1 of 1 S- ,t S — 1 c&r, n,ex' e e & op I C,.e)wt, uA City of Tigard, Oregon • '21 Moro r In Call Haicte ° I Ib1 l t S I I . Tigard Public library Search City Hall Business Community Police Library Help 10 Feb 2009 Quick Links Annexation in Tigard :. Home Home > City Hall > Departments > Community Develooment > Long Range Planning > Annexation in Tigard Affordable Housing :. Bid Advertisements Update! Additional Information :. Budget 08/09 On March 25, 2008 City Council voted to extend the :. City Charter ' y is Frequently Asked Questions offer of incentives to property owners who :. City Council Meetings voluntarily annex to the City of Tigard before ■ Benefits of Annexation :. Construction in Tigard February, 2009 (Resolution 08 -12). The • Service Changes Following Annexation :. Development Code incentives include waiver of the City's annexation :. Emergency application fee, phasing -in of City property taxes Estimated Property Tax Changes Management over a period of three years, waiver of the City's for property located within: :. Events & Meetings pre - application conference fee, and City payment of • Tigard /Tualatin School District • Beaverton School District :. Forms the Metro mapping/ filing fee. :. job Opportunities :. New to Tigard? Tigard Invites You to Join the City ADDITIONAL LINKS: :. Parks in Tigard The City of Tigard recently adopted a new policy Tigard Resolution 08 -12 :. Passports regarding its approach toward annexation (see, :. Public Records Resolution 07 -131. The policy is to invite voluntary Tigard Resolution 07 -13 • :. Room Reservations annexation based on the benefits of being within Metro: Information on Annexation :. Tigard Municipal Code the City. Some of the benefits for property owners and Boundary changes including :. Volunteer are listed on the Benefits of Annexation page. Mapping /Filing Fee Rates Opportunities :. Water Division An important consideration is that the City is Washington County :.zoning waiving the annexation fee ($2,447.00) until July 1, Oregon Revised St_a_mgs Chapter 2008 and phasing in City property taxes over a 222: City Boundary Changes; period of three years. Only properties that are Mergers; Consolidations; Withdrawal Online Services contiguous to the City of Tigard are eligible to :. Library Catalog -WCCLS annex at this time. :. Online Park Reservations If you are interested and wish to discuss this :.Tigard Maps matter further please contact Assistant Planner :. Utility Payments Marissa Daniels at 503 - 718 -2428 or marissa @tigard- or.gov. CONTACT US City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223, 503 639 - 4171 I Mao and Directions AFTER - HOURS CONTACT Public Works /Water: 503- 639 -1554 I Police Non - Emergency: 503- 629 -0111 Questions, comments, suggestions? Fill out the feedback form. di . Printer Friendly Version (IE 5.0+ or Netscape 6.1+ only) http : / /www.tigard - or.gov /city_hall/ departments /cd/ long _range_planning /annexation.asp 2/10/2009 City of Tigard > City Hall > Departments > Community Development > Long Range Yla... t'age 1 01 3 City of Tigard, Oregon • r{4 �, .. RIGA: i ? ?:'!" ?tl (,.!!.i t :I iTi r`. '" n .., - 'i" �.' E • Summi riakes Park Search City Hall Business Community Police Library Help 10 Feb 2009 Quick Links Annexation: Frequently Asked Questions :. Home Home > City Hall > Departments > Community Development > Long Range Planning > Annexation > :. Affordable Housing Annexation: Frequently Asked Questions :. Bid Advertisements :. Budget 08/09 1. Am I eligible to annex? Additional Information :. City Charter The areas eligible for annexation are those .. Benefits of Annexation :. City Council Meetings properties within the unincorporated Tigard Urban Service Changes Following :. Construction in Tigard Services Area (TUSA) designated in an Annexation • :. Development Code intergovernmental agreement between Tigard and :. Emergency Washington County. However, only properties that Estimated Property Tax Changes Management are contiguous to the City of Tigard are eligible to for property located within: Mana g 9 Y 9 g • Tigard/Tualatin School District :. Events & Meetings annex at this time. You may become eligible if • Beaverton School District :. Forms neighbors between your property and the City :..Job Opportunities border also decide to annex. ADDITIONAL LINKS: :. New to Tigard? :. Parks in Tigard 2. How much does annexation cost? City of Tigard Resolution 07 -13 :. Passports At the March 13, 2007 meeting City Council passed Metro: Information on Annexation :.Public Records Resolution 07 -13 that revises the City's policy and Boundary changes including :. Room Reservations towards annexation. The city annexation application Mapping /Filing Fee Rates :.Tigard Municipal Code fee has been waived until July 1, 2008. For fiscal year 06 -07, the fee is $2,447. Applicants will not be Washington County :. Oolunteer required to pay a Metro Mapping/Filing Fee, which Opportunities q P Y Oregon Revised Statutes Chapter :. Water Division ranges from $100 to $400 dollars depending on lot 222: City Boundary Changes; ina size. Mergers; Consolidations; Withdrawal :. Zon • 3. What is the process? Online Services Annexation is a Type IV decision approved by City :. i.ibrary Catalog -WCCLS Council. If your property is contiguous to the City, :. online Park the first step is to schedule a meeting with the City Reservations of Tigard's Current Planning Department. The next :.Tigard Maps step will be to work with Current Planning staff to :. Utility Payments submit an annexation application including a signed consent form and all required documentation. 4. How long does the process take? Completing the City annexation process generally takes 2 1 /2 to 3 months. 5. What will be the difference in taxes? Resolution 07 -13 phases in property taxes over three years at a rate of 33.3% the first year, 67% the second, and 100% the third. The eligibility period for phasing -in of property taxes is June 30, 2007 to February 28, 2008. You will pay roughly 10% more in taxes as a City resident than as a County resident. This equates to a $538.76 increase based on a home with an assessed value of $400,000. For more detailed information about tax rates, the phase -in of property taxes, or to see the calculations, please see www.tigard- or.gov /annexation or call Marissa Daniels at 503- 718 -2428. 6. What services will change? http : / /www.tigard - or.gov /city_hall/ departments /cd/ long_ range _planning /annexation_faq.asp 2/10/2009 City of Tigard > City Hall > Departments > Community Development > Long Range Pla... Page 2 of 3 In some cases the service provider will change and the level of service will be enhanced. In others, the level of service will remain the same but the provider will change, or both the level of service and the service provider will remain the same. For more detailed information on the changes in service provider and level of service please refer to the Service Changes after Annexation table. 7. Do residents have to vote in order to approve the annexation of my property? No, residents will not have to vote. Oregon Revised Statutes provide for many methods of annexation. A vote is not required for a property owner initiated annexation (See ORS Section 222.120). 8. When does the City of Tigard typically require annexation? When a property wants to connect to the sewer or storm water system, and the connection is within the City's boundary, annexation is required. Per an agreement with Clean Water Services, sewer lines within City boundaries shall be maintained by the City. 9. Will I still be part of any special districts? Yes. For example, if your property is within the Metzger Park Local Improvement District or the Tualatin Valley Water District then you will remain in that district after annexation. The exception to this rule is the Enhanced Sheriff Patrol District, as after annexation police services will be provided by the City of Tigard. 10. Will my children have to change schools? No. Annexation does not change school district boundaries. 11. I work out of my home; will I need to apply for a special permit? Yes, but not until your Washington County Home Occupant permit expires (every two years). The City of Tigard Home Occupation permit is different than the Washington County permit in that the Tigard permit does not expire. The City does not regulate businesses, nor does it issue Business Licenses. However, anyone engaging in any business within the City limits is required to pay a business tax unless specifically exempt by State or Federal statute. CONTACT US City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223, 503 639 - 4171 I Map and Directions AFTER - HOURS CONTACT Public Works /Water: 503- 639 -1554 I Police Non - Emergency: 503- 629 -0111 http : / /www.tigard - or.gov /city_hall /departments /cd /long_range planning /annexation_faq.asp 2/10/2009 City of Tigard > City Hall > Departments > Community Development > Long Range Pla... Page 1 of 2 City of /IIJ Tigard, Oregon • ] g { _ r! h , S f 11".„14*. _ •. .. '� X11• ' Ore '- .l (Y f r. ry{ { f � � T"�k :)'- �' .j .` , `j p f y sJ i I Y p ,> fi � � � . 4,44.1+' kA Place iV 1'1• � ? 5 .'t. ' e to Cal./ ?i • _ >- �'�.+,_." .t .�. S. :` LvnikVINVit [?e rforirfaii`cr 3t 13i4hr T� Scl ecLla' Search L = — i City Hall Business Community Police Library Help 10 Feb 2009 Quick Links Annexation Benefits :. Home Home > City Hall > Departments > Community Development > Long Range Planning > Annexation > :. Affordable Housing Annexation Benefits :. Bid Advertisements :. Budget 08/09 Additional Information :. City Charte Benefits of Being Part of Tigard • A communit is stronger together. " f Frequently Asked Questions :. City Council Meetings y 9 9 el Service Changes Following :. Construction in Tigard Annexation :. Development Code In Tigard You Can Make a Difference. :. Emergency As a Tigard citizen, you will have a say on issues Estimated Property Tax Changes Management that can affect your future and that of the whole for property located within: • Events & Meetings community. The more "local" a government is, the • B n School cD strDtstrict :. Forms more responsive it can be to its citizens. For :. Job Opportunities example five members of the County Board of Commissioners represent almost 500,000 people. ADDITIONAL LINKS: :. New to Tigard? In contrast, Tigard's five City Councilors represent :. Parks in Tigard less than 46,300 people. Your vote, input, and City of Tigard Resolution 07 13 :. Passports participation on issues can make a real difference. Metro: Information on Annexation :. Public Records As a resident of Tigard you will also be eligible to and Boundary changes including :. Room Reservations run for a position on City Council or participate on Mapping /Filing Fee Rates :.Tigard Municipal Code the many City sponsored boards and committees. Washington County :. Volunteer Together, Tigard's citizens and businesses can plan Opportunities for and create a prosperous and sustainable future. Oregon Revised Statutes Chapter :. Water Division 222: City Boundary Changes; 20 o Mergers; Consolidations; Withdrawal Established Cities are the Best Providers of "Local" Urban Services. Online Services Established Cities can best provide the "local" :. Library Catalog -WCCLS services essential to a high quality of life, such as :.Online Park local streets, sewer and storm water maintenance, Reservations public safety, parks, land use planning, resource :.Tigard Maps protection, code enforcement, library services and :. Utility Payments accessible governance. County government, on the other hand, is oriented to a large geographic region and must address the "big" issues such as corrections, mental health, regional sewer service, and major roads. Over time, having essential services provided by a "local" city government better protects your property investment. Parks, Trails, and Open Space. Tigard is committed to working with its citizens to provide accessible parks, trails, and open space opportunities. The City wants to work with its citizens to provide more of these key services and amenities to enhance property investments and make Tigard a livable and enjoyable community. In contrast, Washington County got out of the "parks business" many years ago. Enhanced Public Safety and Code Enforcement Services. As a Tigard citizen you and your property will receive a higher level of police protection than provided by Washington County. Today, Tigard http : / /www.tigard - or.gov /city_hall/ departments /cd/long_range planning /annexation_benef... 2/10/2009 City of Tigard > City Hall > Departments > Community Development > Long Range Pla... Page 2 of 2 provides an additional .5 officers /1,000 residents over the enhanced Sheriff Patrol District. In addition, the Tigard Police Station, Code Enforcement, and Municipal Court Services are a short distance away in Tigard City Hall. Tigard Citizenship. Today, residents of the unincorporated Tigard Urban Services Area are citizens only of Washington County. As noted above, being a Tigard citizen has definite tangible benefits. There are also other citizenship related benefits that come from being a citizen of both jurisdictions. One of these is a sense of "belonging" to a community that has an interest in planning for and creating a positive future for all its citizens. CONTACT US City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223, 503- 639 -4171 I Mao and Directions AFTER -HOURS CONTACT Public Works /Water: 503- 639 -1554 I Police Non - Emergency: 503- 629 -0111 Questions, comments, suggestions? Fill out the feedback form. a Printer Friendly Version (IE 5.0+ or Netscape 6.1+ only) http : / /www.tigard - or.gov /city_hall /departments /cd /long_range planning /annexation_benef... 2/10/2009 ' - SERVICE CHANGES FOLLOWING ANNEXATION n, �--'- r _"`' 7 � a '+s; ` i r ".. 'fir ' : i � . F x �: �" F s 7 � : 1Vo �Cha g e Service and Provider; Remain rthe Same' z 1 Service/ Current Provider Provider After Annexation Do local Tigard standards differ from Current Standards? Fire Protection & Emergency Services/ Tualatin Valley Fire and Rescue No. Tualatin Valley Fire and Rescue Mass Transit Triplet No. Schools/ Tigard - Tualatin School Annexation does not change No. District and Beaverton School District school district boundaries Water/ City of Tigard through a City of Tigard or Tualatin Valley No. contract with Tigard Water District OR Water District Tualatin Valle Water District Service; Remains the,same,,Provider,Cl antes,: F r r x Sanitary Sewer/ Clean Water Services City of Tigard. The City will No. provide maintenance per an agreement with Clean Water Services. Street Light Maintenance/ Washington City of Tigard No. County Storm Sewer/ Clean Water Services City of Tigard. The City will No. provide maintenance per an agreement with Clean Water Services. Road Quality Maintenance /Washington City of Tigard No. However, the Tigard Urban Service County Area Agreement (TUSA) requires the County to improve individual roads to pavement condition index (PCI) of at least 40, with all roads averaging at least 75, prior to transferring roads and service. Service Chan «es,r Pr 'Chaiaaes ti„ << , Parks and Open Space/ No Provider City of Tigard Yes; 8 acres /1,000 people Recreation/ No Provider City of Tigard: Contingent on Yes. Washington County does not offer approval, a pilot program is to be a recreation program. launched next year. Street Maintenance/ Washington City of Tigard Yes. Mowing roadside grass and brush County through the Urban Road (strip and ditch line). Dust abatement on Maintenance District graveled roads. Vegetation removal for vision clearance. Crack sealing and road shoulders on 4 -year cycle. Police/ Washington County Enhanced City of Tigard Yes. Additional .5 officers /1,000 people Sheriff Patrol District (City standard is 1.5 officers /1,000) Response times for Priority 1 and 2 calls under four minutes. Community Development- Long Range City of Tigard Yes. Staff serves smaller area than Planning/ Washington County County; focuses on local projects. Building and Development Services/ City of Tigard Yes; faster response time, closer location Washington County and local -level interaction. Governance/ Washington County City of Tigard Local representatives, local programs, and an opportunity to participate in local planning efforts. "A community is stronger together." Unincorporated vs. Incorporated Tax Rates Incorporated School Government Bonded Debt Total Tax Code Tigard School District #23 Urban Renewal- Tigard Tigard School District #23 Tigard School District #23 23.74 Portland Comm. College Washington County Portland Comm. College Portland Comm. College NW Regional. ESD Port of Portland Washington County Urban Renewal- Tigard City of Tigard City of Tigard Washington County TVF &R TVF &R NW Regional ESD Metro Tri-Met Port of Portland Metro City of Tigard TVF &R Tri-Met Metro Total Tax Rate 6.4215 7.2986 2.7505 16.4706 Unincorporated School Government Bonded Debt Total Tax Code Tigard. School District #23 Enhanced Sheriff Patrol Tigard School District #23 Tigard School District 23.78 Portland Comm. College Urban,R.oad.Maintenance Portland Comm. College Urban Road Maintenance • NW Regional ESD Washington County . Washington County Portland Comm. College • • Port of Portland TVF &R Enhanced:Sheriff Patrol TVF &R Tri-Met Washington County Metro Metro NW Regional ESD Port of Portland TVF &R Metro Total Tax Rate 6.4258 6.1179 2.5259 15.0696 Difference with Annexation School Government Bonded Debt Total Tax Code Tigard School District #23 'Urban Renewal Tigard City of.Tigard , 23.78 Portland Comm. College City of Tigard ., - :Tigard• School District #23 . NW Regional ESD Portland Comm : •College Urban Renewal Tigard Washington' Coiirity: City of Tigard:; Washington County • TVF &R , Tigard School District: #23• Port of Portland . Tri -Met • Portland Comm College TVF &R Metro Washington County. Metro NW Regional ESD ' Port of::P,ordand.` .... - TVF &R Ivletro Total Difference - 0.0043* +1.1807 +.2246 +1.401 * Due to Urban Renewal Summary In Washington County, the average residential assessed value is $187,557. So, for the average Unincorporated Washington County Resident, annexation to the City of Tigard will increase property taxes by only $262.77 in the 2007 -2008 tax year. To calculate an estimate for a specific property, use the following equation: Total Assessed Value /1,000 * 1.401 = Estimated Property Tax Increase with Annexation to Tigard in 2007 -2008 For more detailed tax information, please contact the Washington County Department of Assessment and Taxation at ,.,, • 503- 846 -8741 or online at ';_' - ... ': ._. _ - ... • .. _ • City of Tigard Legislative Priorities I • February 10, 2009 TIGARD Based on Resolution No. 08 -58, the following are Tigard's Legislative Priorities for the 2009 session: Affordable Housing /Document Recording Fee: Continue to actively support the fee & its passage. Pending Bills: Position: SB 199 Affordable Housing Tax Credits Support Increases monetary cap on allowable affordable housing tax credits. Applies to affordable housing tax credits claimed in tax years beginning on or after January 1, 2010. Status: 2/ 11 / (S) Public Hearing Scheduled HB 2225 Affordable Housing Pilot Program Support Establishes a pilot program for up to five cities to provide sites dedicated to affordable housing within urban growth boundaries. Directs LDCD and HCS to adopt rules for conducting the pilot project and selection of sites. Authorizes the designation of sites through an expedited process for UGB expansion or other methods that may be developed by rules. Requires evaluation of the pilot program by LCDC and OHCS and report back to the 2011 Legislature. Status: 1 /23 (H) Referred to sustainability and Economic Development HB 2436 Document Recording Fee Support Establishes document recording fee for affordable housing related programs administered through General Housing Account- a new revolving loan fund. Modifies definitions of low income and very low income, adds minority definitions to housing statutes. Status: 216 (H) Work Session Held Tigard Legislative Priorities 2/10/2009 1 • Transportation Funding: Advocate for increased funding for transportation including the state gas tax that is indexed to increases in population growth, cost of construction and inflation. TIGARD. Actively support funding for light rail in the 99W corridor. Support a review of the allocation of state and federal transportation funds that is equitable and benefits the users of the system Pending Bills: Position: HB 2120 Jobs and Transportation Act of 2009 Support Comprehensive transportation funding and policy bill. Funds road and highway maintenance and improvements through an increase in vehicle registration, title fees and the gas tax. Creates a Transportation Utility Commission to initially audit transportation funding mechanisms and report back to the 2011 Legislature. Authorizes pilot programs to test alternatives to the gas tax. Updates project selection criteria, including establishing environmental performance standards. Authorizes lottery- backed bonds for the purchase of passenger rail equipment and for other transit purposes. Streamlines co- location of state and local transportation facilities. (By Rep. Hunt for Gov. Kulongoski) Status: 1121 Referred to Transportation with subsequent referral to Revenue, then Ways and Means. HB2408 Washington County Commuter Rail Creates Task Force on Extending Washington County Commuter Rail to Salem. HB 2417 Railroad- Highway Grade Crossing Closure Notification: Requires No position at Department of Transportation to notify road authority 60 days prior to this time closing railroad - highway grade crossing and specifies hearings process. (By Rep. Gelser and Sen. Morse) Status: 1127 Referred to House Transportation SB 376 Lottery Bonding for Specified Transportation Improvement Projects: No position at Authorizes issuance of lottery bonds for financing specified this time transportation improvement projects: Newburg /Dundee Bypass; I -5 /Hwy 99 West Connector Project; Sunrise Corridor Project; Marion Street Bridge Project. (By Sen. George) Status: 1126 Introduction and first reading. Referred to president's desk SB 414 County Highway Funds No position at Increases county share of highway fund distribution to 34.38 %. (By Sen. Girod) this time Status: 2/2 Introduction and first reading. Referred to president's desk SB 292 Footpaths and Bicycle Trails Increases allocation of State Highway Fund moneys for footpaths and bicycle trails from one percent to two percent. (by Sen Courtney for Sen. Interim Judiciary Comm. and the Bicycle Transportation Alliance) Status: 1 /23 Referred to Business 6° Transportation, then Ways and Means Tigard Legislative Priorities 2/10/2009 2 SB 445 Bonding for Specific State Transportation Projects Authorizes issuance of bonds for transportation projects of statewide TIGARD significance — Newberg /Dundee Bypass, I -5 to Highway 99 Connector Project, Sunrise Corridor Project, Marion and Polk Counties Bridge Project, and the Hwy 62 Corridor Project.(By Sens George and Rep Thatcher and Wingard) Status: 2/4 (S) Introduction and 1' reading referred to President's desk. Tigard Legislative Priorities 2/10/2009 3 Land Use /Urbanization; Advocate for legislative action on annexation issues that = "does no harm." Actively support studying and then drafting legislation regarding funding for TIGARD infrastructure and governance of urban unincorporated areas. Support continued funding for the "Big Look" project at the current level. Pending Bills: Position: HB 2229 "Big Look" Committee Recommendations: Establishes four Support guiding principles as framework for land use system; amends regional land use planning regulations; allows counties to develop regional criteria for designating resource lands; authorizes annexation of land brought into UGB by a city; authorizes audit of program; recommends state strategic plan. (By Gov. Kulongoski for Dept. Land Conservation and Development) Status: 1127 (H) Public bearings commenced before House Land Use Committee. HB 2230 State Coordination Agreements /Local Govt. Comp Plans No position at Excludes from definition of "land use decision" local government decision this time that state agency permit is consistent with statewide land use planning goals and compatible with acknowledged comprehensive plan when local government decision is based on prior local approval of permit for substantially same action. HB 2485 Island Annexation for Cities With Charter Vote Requirements Requires that, in charter required elections proposing island annexation, votes from the city and territory to be annexed be counted separately to determine separate majorities if acreage to be annexed is 20 acres or more. Status: 2/3 (H) Referred to Land Use SB 436 Limitation of Statewide Planning Goals Oppose Limits applicability of statewide land use planning goals to areas of critical state concern designated by Legislative Assembly. (By Sen. George) Status: 2/4 (S) Introduction and 1' reading. Referred to President's desk SB 435 Designation of Marginal Lands Establishes program of marginal lands designation. (By Sen. George) Status: 2/4 (S) Introduction and 1' reading. Referred to President's desk Tigard Legislative Priorities 2/10/2009 4 Preemption of Local Revenue Sources: Protect all current City revenue sources against � reduction or preemption. Actively support the League of Oregon Cities' proposal for an TIGARD alternative revenue system for telecommunications providers. Pending Bills: Position: SB 396 Removes prohibition against local government enactment of taxes on Support real estate transfers. Relating to local government real estate transfer taxes; prescribing an effective date. Status: 2/2 (S) Referred to Finance and Revenue 1 /26 (S) Introduction and first reading. Referred to President's desk Tigard Legislative Priorities 2/10/2009 5 I■ Issues of Interest ~ City of Tigard TIGARD February 10, 2009 Issue before Legislature Position Status Ethics SB 30 Removes Family Members from Statement of Economic Support 2/5 (S) Public Interest hearing scheduled Removes requirement to list names of relatives and members of household on statement of economic interest. SB 31 Threshold for Income to be Reported on Statements of Support 2/3 (S) Public Economic Interest hearing scheduled Modifies required contents of statement of economic interest. SB 32 Quarterly Ethics Reporting Reform Support 2/5 (S) Public Provides that quarterly statements are not required to be filed if public hearing scheduled official or candidate for public office has not received expenses, honoraria or income for applicable reporting period. Collective Bargaining HB 2546 Prohibits Permanent Strike Replacements Oppose 2/5 (H) Referred to Prohibits public employer from hiring permanent replacements Business & Labor for public employees engaged in lawful strike. 2/3 (H) 1" Reading HB 2545 Temporary Employees in Appropriate Bargaining Unit Oppose 2/5 (H) Referred to Includes temporary employees in definition of "appropriate Business & Labor bargaining unit" for purposes of collective bargaining between public 2/3 (H) 1S` Reading employers and public employees. Public Contracts HB 2037 Recording and Reporting on Public Contracts Oppose 1/15 (H) Referred Requires Oregon Department of Administrative Services and local to Business & Labor contracting agencies to maintain records concerning certain public contracts and to submit reports concerning that information to Governor and Legislative Assembly. Employment SB 426 Employer Restrictions for Medical Marijuana Support 2/2(S) Intro and 1 Expands ability of employer to prohibit use of medical marijuana reading. Referred to in workplace. President's desk SB 427 Drug -Free Workplace Support 2/2(S) Intro and 1S` Allows employer to adopt comprehensive drug -free workplace reading. Referred to program, including drug and alcohol testing policies President's desk HB 2503 Medical Marijuana Discrimination Support 2/2(S) Intro and 1S` Prohibits discrimination in employment under certain circumstances reading. Referred to if discrimination is based on person's status as medical marijuana President's desk registry cardholder or use of medical marijuana off property or Legislative Issues Position 2/10/2009 1 s I i ■ premises of employment or during hours that are not hours of employment. TIGARD HB 2495 Support 2/2(S) Intro and 1 Limits access to certain public records of State Accident Insurance reading. Referred to Fund Corporation. President's desk Budget HB 5041 DPSST Budget 1/26 Assigned to Appropriates moneys from General Fund to Department of Public subcommittee on Safety Standards and Training for certain biennial expenses. Public Safety Courts SB 230 Change in Restitution Payments 2/4 (S)Public hearing Modifies method by which court clerk credits payments of monetary and possible Work obligations imposed as result of conviction. Session scheduled SB 317 Criminal Fine Assessment Account Distribution Changes 1/23 Referred to Allocates portion of Criminal Fine and Assessment Account to Judiciary, then Ways Emergency Medical Services Enhancement Account. and Means Finance & Tax: Property Tax SB 349 Senior Citizen Property Tax Exemption Establishes principal residence property tax exemption of 50% for certain senior citizens. Finance & Tax: SDCs HB 2107 County Road Improvement Indebtedness Modifies maximum limit on amount of bonded indebtedness counties may incur for road improvements in unincorporated areas. Municipal Liability SJR 9 Noneconomic Damage Tort Cap Proposes amendment to Oregon Constitution to impose limitations on awards of noneconomic damages in civil actions. Police HB 2400 Police Uniform Policy Oppose Directs county sheriffs departments and municipal police departments to adopt policy addressing whether members may appear in uniform while off -duty. Right -o1 Way SB 269 Utility Relocation Prescribes manner in which public body may require utility to relocate facilities located in public right -of -way. Wetlands HB 2155 Wetlands Statutes Makes changes to wetlands statutes: broadens definition of "intermittent stream" and repeals estuarine resource replacement statute. Legislative Issues Position 2/10/2009 2 • r HB 2156 Wetlands Mitigation Banks TIGARD Broadens the Dept. of State Land's authority to allow mitigation banks for effects on waters of state (rather than wetlands). Legislative Issues Position 2/10/2009 3 i!._ C�Ce�� -�•�.. c o--( Cam. Volunteers Sought for State -City Task Force I nterested city officials are invited to serve on the State -City Relationship Task Force, approved by the LOC Board of Directors at its December meeting. The task force is charged with identifying what is working in city /state relations, what could work better, and what isn't working. The task force will identify opportunities to enhance the relationship and impediments to a better relationship, including what needs to be changed structurally, in statute, in rules, or otherwise. A report will be prepared that collects and synthesizes the information and comments from a series of regional meetings that will be held around the state and from comments sent into the task force. Meetings will be held in March, September (and possibly a meeting between April and August), during the October annual conference, and a final meeting in November to adopt a final report for the LOC Board's consideration. The board will review the report in December and provide direction and possible referral of recommendations to the League's policy committees for their review and recommendation on any specific legislative policies. Contact: Mike McCauley, Executive Director — mmccauley @orcities.org C r Q/1 m r v u C ok; 6vL_. Cathy Wheatley From: Cathy Wheatley � — Sent: Thursday, February 05, 2009 11:17 AM ( y To: Craig Prosser Subject: Citizen Follow Up Craig, Here is the one follow -up from the Citizen Communication received January 27: l/ • John Frewing, 7110 SW Lola Lane, Tigard, Oregon commented on the Street Maintenance Fee and the postponed hearing and said he was concerned that this is not going forward. He said raising fees is not fun; we do need to maintain our streets. It is also short-sided not if sidewalks and pedestrian -bike features are not maintained. When the concept of the street maintenance fee was first raised, sidewalk maintenance was in the concept, but was taken out at the recommendation from the Oregon Groceries Association. In the Comprehensive Plan Periodic Review document, which is on tonight's agenda, there is a strong statement that the City is making it a priority to reduce "VMT" (Vehicle Miles Traveled). Mr. Frewing said it was hard for him to see how VMT is going to be reduced without getting people out of cars. This would mean maintaining sidewalks and bicycle facilities. Mayor Dirksen advised the Street Maintenance Fee public hearing was postponed to make sure that the information that City Council requested would be prepared and presented properly. Also -- There was Citizen communication from January 13 and I was copied on emails between you and staff regarding this follow up. This is FYI in case this needs to be followed up at the February 10 City Council meeting with a status report . (I realized when doing the minutes for the 27th that the Mayor did not ask for follow up from previous communications and we didn't `catch it" if it was an oversight. Let me know if you need to look at those emails again and 1`11 forward a copy to yon. • Dennis Olson, 12540 SW Walnut Street, Tigard, Oregon, referred to the new Tigard Fire Station. He asked why there is such an array of elaborate signals on Walnut Street for the Fire Station; it seems excessive. He referred to area Fire Stations - ITiteon Park has one pole with a flashing light - SW Scholls Ferry Road, near Progress has one light above the street with flashing lights - Burnham Street Fire Station has no lights on the street. Mr. Olson said in his neighborhood, there are two light standards making it look like a freeway. In addition, no one asked him about the placement of a light standard "in the middle of my property" He has gone to the Tigard Planning Commission. He spoke to Mike McCarthy and asked why there was a light standard in the middle of his property that will eventually be a road when his property develops. He said he has not heard back from Mr. McCarthy, but there are several pink ribbons around the standard with "ROW" printed - Mr. Olson said he took that as "... my message that we'll put it where we want to." Mr. Olson advised that he called Washington County and spoke to Kevin Ellington, Roadway Superintendent for Traffic Signals. Mr. Ellington told Mr. Olson that the light standards are usually placed on the property line. Mr. Olson reiterated that the light standard is where he plans to access his adjacent property. He asked who would move the light standard when his road goes in. Will he have to pay for it? No one asked him what he wants to do with his property. t Mayor Dirksen said the City Council would find out the reason for the situations Mr. Olson described and advised these questions would need to be reviewed by Tualatin Valley Fire and Rescue as well as the City's Building Division. Mayor Dirksen said Mr. Olson's concerns are well founded and we will look into what could be done to resolve the issues. Before convening in Study Session in the Red Rock Creek Conference Room, City Council members visited with Tigard High School Students attending the meeting hem ipnem then - :,<os a clAtip, lb adiacep: to lb.' s-,66 2 Agenda Item # Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title 2009 Legislative Briefing by Senator Burdick and Representative Wingard Prepared By: Joanne Bengtson 1 ) Dept Head Approval: City Mgr Approval: (V ISSUE BEFORE THE COUNCIL Council and legislative representatives will discuss issues affecting the City of Tigard. State Senator Ginny Burdick and State Representative Matt Wingard (representing Dist. 26) will provide an update on the 2009 Legislature. STAFF RECOMMENDATION Identify issues of interest or concern to Senator Burdick and Representative Wingard. KEY FACTS AND INFORMATION SUMMARY Senator Burdick and Representative Wingard will meet with the City Council to provide an update on the beginning of the 2009 Legislative Session. • OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Council Goal #4: Continue supporting the Legislature in addressing the financial needs of Oregon state and local • governments. ATTACHMENT LIST N/A FISCAL NOTES N/A T: \ADM \City Council \Council Agenda Item Summaries \AIS for Burdick090130.doc AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: February 10 2009 (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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: \"\\/•--- V'e- ic c)( � 1 I f- Also please spell your name as it sounds, if it will _ help the presiding officer pronounce: `�A�, v 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. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. 1adm \cath \ccs sign up\citizen communication.doc CITIZEN COMMUNICATION Tigard High School ■fr ( r Student Envoy: Alexa Kanbergs Academics • The new semester began last week. • The Speech & Debate team competed at PSU last Saturday, with a number of students placing first in their event. Athletics • The Girl's Varsity Basketball team has a home game against Newberg Thursday February 12 • The Boy's Varsity Basketball team has a home game against Canby High School tonight at 7:15pm Arts • The winter play "Ink" will be performed Feb 19 & 20 at 7:00pm and the 21 and 3:00pm and 7:00pm. Activities • Senior Citizens Prom was held Saturday, February 7 in the high school cafeteria. • National Honor Society will hold a blood drive at Tigard High School Wednesday, Feb 18 • Japan Night will be held Tuesday March 3rd starting at 5:30pm Agenda Item No. L / 'P . 44 For Agenda of February 10, 2009 av to* u i MEMORANDUM y �E r r 3 TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder arA RE: Three -Month Council Meeting Calendar DAI'E: February 3, 2009 Regularly scheduled Council meetings are marked with an asterisk (*). February 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24" Tuesday Dinner Meeting - 5:30 p.m. with TVF&R Officials at new Tigard Fire Station 50, 12617 SW Walnut Street, Tigard, Oregon Council Business Meeting - 7:30 pm, Town Hall March 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting -- Cancelled 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Tuesday Fifth Tuesday Council Meeting - Tigard High School - during the school day, time to be determined April 14" Tuesday Council Business Meeting - 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 28" Tuesday Council Business Meeting - 6:30 pm, Town Hall L \ADM\ City Council \Council Calendar \3 -month calendar for 090210 cc mtg.doc Agenda Item No. e 2 / . b Tigard City Council Tentative Agenda 2008 Meeting of 74e Z, Meeting Date: February 10, 2009 Meeting Date: February 17, 2009 Meeting Date: February 24, 2009 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /7:30 pm Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: January 27, 2009 Materials Due @ 5: February 3, 2009 Materials Due @ 5: February 10, 2009 Study Session - Time Sched. 45 min. Avail 0 min. Workshop No Study Session West Bull Mountain (Areas 63 and 64) Concept Budget Committee Mid -Year Meeting - Toby L. Planning for Future Development Update - Ron and SI - 90 min. Council will attend Dinner at New Fire Station at 5:00 PM Mike Mc. - 10 min. CCDA - CCAC Annual Report - Phil N. - 15 min. Business Meeting to start at 7:30 pm Annual Review of Annexation Policy - Marissa D. -20 min. Downtown Organizational Leadership - Preliminary Exec. Session re Real Property - Kim Mc - 15 min. Recommendations - Phil N. - 30 min. Facade Rehabilitation Program - Phil N. - 30 min. Consent Agenda Discuss Naming of the City -Owned Residence and Consent Agenda LCRB -Award Contract for Construction of Greens Property at 13335 SW Hall Blvd. and Renaming of LCRB -Award Water Div. Eng. Contract - Dennis Way Storm Drainage Improvements - Vannie N. Canterbury Park - Dennis - 15 min. Extend /Revise Annexation Incentives - Marissa D. - RES Approve Grant App. To US Dept. of Justice for 2009 GREAT Grant for $125,000 - Chief D. Business Meeting Business Meeting Chamber of Commerce Rep.- 10 min. THS Student Envoy - 10 min. QJPH - Fields Zone Change and Comprehensive Senator Burdick - 10 min. Plan Map Amendments - Cheryl C. - 30 min. - ORD Recognize CERT Program Vols. - Dennis - 10 min. (RESCHEDULED FROM JAN. 27, 2009) PH - Development Code Amendment to Allow Motor QJPH - Community Partners Zone Change and Comp. Vehicle Sales in the I -P Zone - Gary P. - 30 min. Plan Map Amendments (CPA 2008 - 00012) - Cheryl C. - PH-Consider Authorizing Sale of Surplus Water Bldg. 30 min. - ORD Remnant Property and Canterbury Property PH -LCRB - Consider Awarding Multiple Contracts for Re- Dennis - RES (2)- 15 min. Vegetation and Greenspace Maintenance Services - Dennis - Consider Purchase of Surplus WB Remnant Property 10 min. and Canterbury Property - Dennis K. - 10 min. RES (2) Consider Ordinance Amending Chapter 11.04 of TMC re: Update on Barrows Rd. Bridge Repair Status - Gus - 5 min. Business Recycling - Dennis - 10 min. -ORD Time Avail: 120 min. - Time Scheduled: 90 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Avail: 110 min. - Time Scheduled: 90 min. Time Left: 30 min. Time Left: 0 min. Time Left: 20 min. Page 1 of 4 2/3/2009 1 Tigard City Council Tentative Agenda 2008 Meeting Date: March 10, 2009 Meeting Date: March 17, 2009 Meeting Date: March 24, 2009 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. " Meeting Type/Time: Business/ Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due © 5: February 24, 2009 Materials Due @ 5: March 3, 2009 Materials Due © 5: March 10, 2009 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. Consent Agenda Consent Agenda LCRB -Award Insurance Agent of Record Contract - Loreen Annual Solid Waste Financial Report - Dennis - SI Meeting is Cancelled Business Meeting Business Meeting THS Student Envoy - 10 min. ' Chamber of Commerce Rep.- 10 min. Legis. PH - Code Amendment re Sensitive Lands Permit Requirements (Sec. 18.775.070.B.5) - Phil N. - 20 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Avail: 110 min. - Time Scheduled: 10 min. Time Left: 80 min. Time Left: 100 min. Page 2 of 4 1 2/3/2009 Tigard City Council Tentative Agenda 2008 Meeting Date: March 31, 2009 Meeting Date: April 14, 2009 Meeting Date: April 21, 2009 Meeting Type/Time: Fifth Tuesday /7 -9 Meeting Type/Time: Business /6:30 p.m. ` Meeting Type/Time: Workshop /6:30 p.m. Location: TBA Location: City Hall Location: City Hall Facilitator: Greeter: Greeter: Materials Due @ 5: March 31, 2009 Materials Due @ 5: April 7, 2009 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Agenda Joint Meeting w /Planning Commission SI - Ron 60 min. Library Board Annual Meeting SI - Margaret - 30 min. Elected Officials Emergency Management Training - Dennis K. - 90 min. (Staff is working on moving either Planning Comm. or Library Board Meeting to May Workshop Mtng.) Consent Agenda Business Meeting THS Student Envoy - 10 min. Time Avail: 110 min. - Time Scheduled: 10 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 100 min. Time Left: 0 min. Page 3 of 4 1 2/3/2009 Tigard City Council Tentative Agenda 2008 Meeting Date: April 28, 2009 Meeting Date: May 12, 2009 Meeting Date: May 19, 2009 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: April 14, 2009 Materials Due @ 5: April 28, 2009 Materials Due @ 5: May 5, 2009 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Agenda Meeting with Judge - Admin. SI - 30 min. Consent Agenda Consent Agenda Business Meeting THS Student Envoy - 10 min. Youth Advisory Council Update - PD - SI - 15 min. Business Meeting Chamber of Commerce Rep. - 10 min. Council Goat Update - Admin. SI - 15 min. • Time Avail: 110 min. - Time Scheduled: 25 min. Time Avail: 110 min. - Time Scheduled: 25 min. Time Avail: 180 min. - Time Scheduled: 30 min. Time Left: 85 min. Time Left: 85 min. Time Left: 150 mins. Page 4 of 4 1 2/3/2009 Agenda Item # Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Consent Agenda: Approve Grant Application to the U.S. Department of Justice for the 2009 GREAT Grant in the Amount of $125,000 "�� v Prepared By. Chief Bill Dickinson Dept Head Approval: \'‘\\'‘) City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a grant application in the amount of $125,000 for the 2009 GREAT Grant? STAFF RECOMMENDATION Approve the grant application. KEY FACTS AND INFORMATION SUMMARY The Police Department has applied for and awarded a GREAT Grant for the past five consecutive years. This would be the sixth year that we will apply for the grant. The components in the Tigard program include GREAT middle school core curriculum, GREAT elementary curriculum, GREAT summer camp, Boys and Girls Club summer camp, GREAT after - school and mentoring program, and GREAT families training. The middle school curriculum will be taught to 1,486 middle school students at three schools; the elementary curriculum is now being taught at five of the elementary schools and serves approximately 600 students. The plan is to expand this to all seven of the elementary schools. Now in partnership with the Boys and Girls Club, there are eight weeks of GREAT summer camp. This will serve over 1,000 students and includes one training class for up to 150 camp counselors The after - school and mentoring programs will be offered at two of the middle schools and will have over 50 students per day over the 32 -week period. OTHER ALTERNATIVES CONSIDERED N/A QTY COUNCIL GOALS N/A ATTACHMENT LIST Grant application cover sheet. FISCAL NOTES $125,000 grant award to support the youth programs in the Police Department. There is no `hard" dollar match required for this grant. I: \Citywide \Council Packets \Packet '09 \090210 \AIS GREAT Grant_Approval.doc U.S. Department of Justice` Office of Justice Programs', Bureau of Justice Assistance ' �* The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance is pleased to announce that it is seeking applications for funding under the Gang Resistance Education And Training Program. This program furthers the Department's mission by assisting state, local, and tribal gang prevention efforts. Gang Resistance Education And Training (G.R.E.A.T.) Program FY 2009 Competitive Grant Announcement • Eligibility • Applicants are limited to state, local, or tribal jurisdictions or. their respective law enforcement agencies, including.school police, housing authority police, prosecution, probation, and parole agencies possessing the power of arrest. (See "Eligibility," page 2) Deadline Registration with Grants.gov is required prior to application submission. All applications are due by 8:00 p.m. e.t. on January 22, 2009. (See "Deadline: Applications," page 1) Contact Information For assistance with the requirements of this solicitation, contact: The G.R.E.A.T. Team at 202 - 616 -6500 or toll free at 1-866-859-2687. This application must be submitted through Grants.gov. For technical assistance with submitting the application, calf the Grants.gov Customer Support Hotline at 1- 800 - 518 -4726 or send an e- mail to suppork grants.gov. The Grants.gov Support Hotline hours of operation are Monday - Friday from 7:00 a.m. to 9:00 p.m. e.t. Grants.Gov number assigned to announcement: BJA- 2009 -1951 Release date: November 24, 2008 • Agenda Item # Meeting Date February 10, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Award of Contract for the Construction of Greens Way Storm Drainage Improvements Prepared By: Vannie Nguyen Dept Head Approval: I y City Mgr Approval: 4 ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board, by motion, approve a contract award for the construction of Greens Way Storm Drainage Improvements? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve a contract award to Elting Northwest in the amount of $111,083.00 and authorize an additional amount of $11,000.00 to be reserved for contingencies and applied as needed as the project goes through construction. The total amount committed to the project is therefore $122,083.00. KEY FACTS AND INFORMATION SUMMARY • The existing storm drainage system on Greens Way between Highland and Summerfield Drive consists of steel pipes, shallow catch basins, and manholes that do not have water quality treament features. Water reacting with steel materials has resulted in corrosion of the pipes and increase in maintenance costs. • This project abandons the existing pipes and installs approximately 1,000 feet of new PVC pipes including three standard manholes and one water quality manhole. The new installation will eliminate the corrosion problem and resolve the water quality issue. • The project was advertised for bids on January 13, 2009 in the Daily Journal of Commerce and on January 15, 2009 in the Times. A project addendum was issued to add a missing item to the Bid schedule. Twenty two bids were opened on January 27, 2009 at 2:00 PM and the bid results are: Elting Northwest Clackamas, OR $111,083.00 GVS Contracting Newberg, OR $113,812.93 JW Underground Gresham, OR $118,383.00 Rutan Construction Hillsboro, OR $120,769.00 Camrock Excavation Gresham, OR $123,894.00 Jim Smith Excavating Clackamas, OR $124,846.92 Dunn Construction Gresham, OR $125,270.00 Subcom Excavation Hillsboro, OR $126,696.47 RC Landworks Damascus, OR $131,970.00 Gelco Construction Salem, OR $134,591.00 Northwest Earthmovers Sherwood, OR $134,687.00 Crestview Construction Hillsboro, OR $135,661.50 C & M Construction Sherwood, OR $137,552.25 Daneal Construction Newberg, OR $144,916.00 Cipriano & Son Construction Boring, OR $146,952.00 The Saunders Company Dundee, OR $150,256.20 Parsons Excavating Portland, OR $150,485.00 Landis & Landis Canby, OR $157,281.00 Parker NW Paving Canby, OR $163,153.00 R & R General Contractors Wilsonville, OR $164,784.67 NW Kodiak Sherwood, OR $168,749.00 All Concrete Specialties Vancouver, WA $213,509.00 Engineer's Estimate Range $137,000 to $158,000 • The lowest bid submitted by Elting Northwest is less than the Engineer's estimate range but is relatively close to the next several low bids. Staff review of Elting Northwest's bid verifies that it is complete and responsive. Staff recommends approval of the contract award to this lowest bidder. • Upon LCRB approval of the contract, staff will issue the Notice to Proceed to Elting Northwest. The construction is expected to start the first week of March and should be completed by mid -April 2009. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS This project promotes Council Goal No. 1, "Implement the Comprehensive Plan," by implementing the Comprehensive Plan Goal 11.1: Develop and maintain a stormwater system that protects development, water resources and wildlife habitat. ATTACHMENT LIST Project location map FISCAL NOTES The amount of $150,000 is available in the FY 2008 -09 CIP Budget under the Stormwater Fund for this project. This amount is sufficient to award a construction contract of $111,083.00 to Elting Northwest and to provide a contingency amount of $11,000.00 for a total project commitment of $122,083.00. GREENS WAY Storm Drainage Improvements Between Highland Drive & Summerfield Drive L___ \ \ [ SW KABLE ST KABLE ST Q \ r- - I i\ (r) o SW NAEVE STREET S hedule � j� Q. L, N HIGHINiD Project location � A 1,1 j � N UMMERFlE�O DR �- -- S GREENLEAF 7E6R lib ORGNPR liiuiogg OR 0°2°1° 0 7 / MBERLY DR Agenda Item # Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Formal Recognition of the Community Emergency Response Team (CERT) Volunteer of the Year and Citizen Volunteers Who Successfully Completed the City's CERT Program �l Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: l /� ISSUE BEFORE THE COUNCIL The Council is being asked to recognize the CERT Volunteer of the Year and citizen volunteers who successfully completed the City's CERT program. STAFF RECOMMENDATION Staff recommends the Council recognize the CERT Volunteer of the Year and citizen volunteers who successfully completed the City's CERT program. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard's CERT program was established in March 2004. • CERT participants receive 24 hours of training in basic emergency response skills like first aid, search and rescue, and fire suppression. • CERT trainees come from all walks of life and represent neighborhoods, businesses, religious and scouting organizations, school staff, students, community groups and amateur radio operators. • Because CERT trainees reside and work within our community, they may be the first people at the scene of a disaster. These individuals broaden the City's ability to respond to emergencies. • Volunteer Darrell Osborn was selected as Tigard's CERT Volunteer of the Year for 2008. Mr. Osborn was chosen based upon his work in developing a CERT website, www.tigardcert.org. The site compliments the City's CERT page by providing the latest CERT news and alerts, along with blogs, photos, and events. • Including the current group of 32 CERT trainees and 27 City staff members, the program has 112 active participants throughout the City. • As part of the presentation, staff will show a ninety- second CERT recruitment video. • The next CERT training sessions will be held in March and September of this year. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS None ATTACHMENT LIST 1. Sample CERT Certificate of Completion 2. List of Current CERT Graduates FISCAL NOTES There are no costs associated with this recognition. Costs to operate the CERT program total approximately $7,300 per year. Of this amount, $4,000 is funded through the Public Works Administration budget and $3,300 is funded through Urban Area Security Initiative annual grants. r I IF - • • • • - - __• a - - - • __ - -- - -- OM MV lV•TY EMERGEN RESPONSE T EAM Certit f cat&i of Co-mpletCo -h, Thi ' ce,+tifiza t s4setifCe.s that name Houk citovu e& a n& succe4sfully co-mpleted. the/ Community Emergency Response Team Course Cancls ccted. by City of 7 and. d' Tu,a la i�,w Valley Rye. cwt.& cwt. Re4ctte' March 4 - April 26, 2008 24 Hour Course - TCSPBP108 rot* 114 Tualatin Fire Rescue "PARTNERS PREPARED" Valley P ARTNERS BEING PREPARED Fire & RescuC T I G A R G. Michael Lueck Craig Dirksen Course Manager City Mayor �, List of Current CERT Graduates Attachment 2 Tigard City Council Meeting February 10, 2009 1. Kriss Wright 17. Pat Tillotson 2. Jane Honeyman 18. Ellen Coomer 3. Mary Briggs 19. Stephanie Lundsford 4. Chuck Briggs 20. Matthew Aalto 5. Elizabeth Call 21. Ken Patton 6. Tara Harper 22. Rhoda Culin 7. Bruce Lindsay 23. Mason Hall 8. Herb Stabenow 24. John Mcllvain 9. Jerry Fiarito 25. Bert Sorio 10. Misako Higa 26. Ed Ross 11. Steve Mathews 27. Eldon Hodapp 12. Linda Quandt 28. Judy Hodapp 13. Bruno Amicci 29. Isaac Federiuk 14. Julie Amicci 30. Naomi Federiuk 15. Karan Hancock 31. Tracy Bell 16. Kim Draper 32. Chris Bell Agenda Item # Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Motor Vehicle Use Code Amendment (DCA2008- 00004) to allow "motor vehicle sales /rental" in the I -P zone as a restricted use. Prepared By: Gary Pagenstecher Dept Head Approval: City Mgr Approval: ede ISSUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to amend Table 18.530.1, Use Table: Industrial Zones, to allow "motor vehicle sales /rental" in the I -P zone as a restricted (R) use? Currendy not permitted, the use would be restricted to a) take place wholly within an enclosed building, b) not exceed 10,000 square feet /Lot, and c) limited to boat sales /rental only. STAFF RECOMMENDATION Staff recommends the City Council approve the proposed Development Code Amendment as amended and recommended by the Planning Commission. KEY FACTS AND INFORMATION SUMMARY The applicant owns and operates Northwest Ski and Wake Sports, LLC, which specializes in high -end water craft. The applicant intends to move their business to Tigard and entered a lease agreement for a building in the Industrial Park (I -P) zone that met the space and functional needs of their business. On learning the proposed use was not allowed in the I -P zone, the applicant applied for a text amendment to permit the use. The applicant's business includes boat sales and servicing, retail accessory sales, and office. The I -P zone permits motor vehicle servicing (as a conditional use requiring Hearings Officer review), sales oriented retail (if less than 20% of the total development complex), and office uses. The City's Use Classification for "Motor Vehicles Sales /Rental" includes boats, which is not permitted in the I -P zone. Hence, the applicant has proposed the amendment to allow "motor vehicles sales /rental" in the I -P zone for the 'boat sales portion of the business. DLCD submitted written comments, in which they opposed the proposed amendment because of general concerns for the potential for traffic congestion and the possible conversion of industrial lands for commercial use. On January 5, 2009 Planning Commission held a public hearing to discuss the merits of the request. Commissioners were concerned about the potential increase of traffic, an apparent trend toward commercial use in I -P zone, and consistency with Metro Title four provisions to protect regional industrial and employment areas. The Commission also showed interested in creating economic opportunity. At the hearing, there was no public testimony in favor, or opposition. A motion to approve the proposed amendment with further restrictions on the use, size, and location, to address the Commission's concerns, passed 8 -0. At the request of the Planning Commission, as a condition of their approval, the applicant was asked to obtain a letter from Metro to the effect that the proposed use would not violate Title Four. Metro Senior Planner, Tim O'Brien, reviewed the original notice of proposed amendment but did not comment based on his conclusion that the proposal was consistent with Metro's Title 4 provisions. On request, Mr. O'Brien submitted a letter on February 2009 to that effect (Attachment 5). After the Planning Commission hearing, the applicant submitted a letter dated January 6, 2008 clarifying that the sale of boat trailers is a critical part of their business (Attachment 6). The letter highlights the issue where the DMV dealer certificate requires certification of local zoning and business regulatory compliance when selling motor vehicles. DMV regulates the sale of boat trailers, but not boats. The certification requirement may lead to enforcement issues for the City as outlined in the attached Staff Report to the Commission (essentially, if the City signs the DMV dealer license form, the City is approving "displays of vehicles for sale" at the business location). OTHER ALTERNATIVES CONSIDERED No Action -Motor Vehicle Sales /Rental would continue to be prohibited in the I -P zone. Expanded Action - Permit Motor Vehicle Sales /Rental in the I -P zone with no size restrictions. Alternate Action - further restrict the use to include boats only and /or further restrict the percentage of a building that could be allocated to the use. Remand - Remand the request to the Planning Commission for consideration of the new information provided by the applicant and the letter provided by Metro. CITY COUNCIL GOALS The proposed amendment does not relate to the City Council's 2009 Goals. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Proposed Code Text Changes Attachment 2: Planning Commission Meeting Minutes for January 5, 2009 Attachment 3: Staff Report to the Planning Commission dated December 18, 2008 Attachment 4: Applicant's Materials Attachment 5: Metro Letter, received February 4, 2009 Attachment 6: Applicant's April Berg letter, dated January 6, 2009 FISCAL NOTES There is no fiscal impact anticipated for this action. ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 5, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:06 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Fishel Staff Present:, Craig Dirksen, Mayor of Tigard; Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner; Ron Bunch, Assistant Community Development Director; Darren Wyss, Senior Planner; Doreen Laughlin, Senior Administrative Specialist 3. COMMUNICATIONS Mayor Dirksen was introduced by President Inman. The Mayor took some time to thank the Commissioners on behalf of the City Council and himself for their hard work on the Comprehensive Plan. He complimented them on the work that was done and the quality of the document - which he said was a direct result of all the hard work the citizens, policy interest teams, City staff, and especially the Planning Commission did. He thanked them and gave them each a token of remembrance and appreciation. He presented each commissioner with a personalized pen and a candy filled City of Tigard mug. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Caffall, seconded by Commissioner Vermilyea, to approve the December 1, 2008 meeting minutes as submitted. The motion was approved as follows: PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 1 of 9 AYES: Caffall, Doherty, Hasman, Inman, Muldoon, Vermilyea, Walsh NAYS: None ABSTENTIONS: Anderson EXCUSED: Fishel 5. PUBLIC COMMENTS PERIODIC REVIEW PUBLIC COMMENT OPPORTUNITY The City of Tigard has been notified that the Oregon Department of Land Conservation and Development (DLCD) has initiated periodic review for the community. DLCD is tasked with overseeing the process and focuses periodic review on economic development, needed housing, transportation, public facilities and services, and urbanization. The first step of periodic review is to perform an evaluation of the City's comprehensive plan and land use regulations. An important component of the evaluation is to provide the opportunity for citizen review and comment. This is an opportunity for citizen comment in the presence of the Planning Commission, before the final evaluation is made by the City Council on January 27, 2009. STAFF COMMENTS Senior Planner, Darren Wyss, introduced periodic review and gave a rundown of what it is. He noted that the City of Tigard had been notified of the commencement of Periodic Review by the Department of Land Conservation and Development (DLCD) last May. Periodic Review is a process required by state statute and Tigard must review its comp plan and land use regulations to ensure they continue to provide for the growth management and development needs of the community. The first step to Periodic Review is to evaluate the City's comprehensive plan and land use regulations. DLCD focuses Periodic Review evaluation on economic development, needed housing, transportation, public facilities and services, and urbanization. The City completed the evaluation using the DLCD checklist, and staff is here tonight to accept public comment before the Planning Commission. Staff received written comment from two individuals. These will be incorporated into the evaluation, as will any comments submitted tonight. Staff will prepare a response to all submissions and will send the response to the person who submitted the comments. Based on the evaluation, the City will then create a draft work program to address any needed deficiencies in the comp plan or land use regulations. Council has scheduled Jan 27th to review the evaluation and draft work program. With Council's direction, both will then be submitted to DLCD for review. PLANNING COMMISSION MEETING MINUTES -- January 5, 2009 — Page 2 of 9 PUBLIC COMMENTS At this point President Inman opened up the meeting for public comment. She noted that no one had signed up to speak and asked if anyone present would like to make a comment. No one from the public had questions. PUBLIC COMMENT CLOSED 6. PUBLIC HEARING DEVELOPMENT CODE AMENDMENT (DCA) 2008 -00004 MOTOR VEHICLE SALES IN THE I -P ZONE CODE AMENDMENT REQUEST: A Development Code Amendment to amend the text of Table 18.530.1 of the City of Tigard Community Development Code to allow "motor vehicle sales/rental" in the I -P zone as a Restricted (R) use, currently Not Permitted (N), provided (a) such operation takes place wholly within an enclosed building and (b) does not exceed 20% of the floor area of the given development complex. LOCATION: Land zoned Industrial Park (I -P). COMPREHENSIVE PLAN DESIGNATION: Industrial Park. ZONE: I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing, office and small -scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odors, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I -P zone have been adopted to insure that developments will be well - integrated, attractively landscaped, and pedestrian - friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390 and 18.530; Comprehensive Plan Goals 1.1 and 9.1; Metro Urban Growth Management Functional Plan Sections 3.07.110 and 3.07.410; and Statewide Planning Goals 1, 2 and 9. STAFF REPORT Gary Pagenstecher, Associate Planner, presented the staff report on behalf of the City. He noted the applicant owns and operates Northwest Ski & Wake Sports, LLC which specializes in high -end watercraft. The applicant intends to move their business to Tigard and entered a lease agreement for a building in the Industrial Park (I -P) zone that met the space and functional needs of their business. On learning the proposed use was not allowed in the I - zone, the applicant applied for a text amendment to permit the use. Pagenstecher went over the background information, applicable criteria, findings, and conclusions as on the staff PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 3 of 9 report. He noted the staff recommendation: "Staff recommends that the Planning Commission find in favor of the proposed text amendment allowing motor vehicle sales /rental in the Industrial Park one with a restriction that limits the permitted use to boats and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council." Pagenstecher went over the five listed factors (in the staff report) on which the recommendation by the Commission and the decision by the Council shall be based: 1) Statewide Planning Goals and Guidelines; 2) Federal or State Statutes and Regulations; 3) Metro; 4) Tigard Comprehensive Plan; and 5) Applicable Provisions of the Tigard Development Code. Pagenstecher noted that a comment letter from the Department of Land Conservation and Development (Attachment 1) which was distributed to the commissioners. He said DLCD does not support the code amendment — they want to preserve the IP zone for industrial uses and they cite the inconsistency with the Metro code. QUESTIONS & COMMENTS BY COMMISSIONERS (Replies in italics) • One of the commissioners referred to the traffic impact issue. He said that on page 3 of 8 on the staff report, the State Transportation Planning Rule (I'PR) requires evidence that the proposed plan amendment will not significantly affect a transportation facility. As he understands the description, there's been no evidence provided, but there's been an analysis, based on some assumptions, and then a conclusion. It seems that a potential problem, if approved, is the fact that there is no "evidence" supplied to address the TPR rule. He wondered how that would be dealt with. That is a legitimate concern. • Does this set a precedent? The letter from DLCD seemed to imply that this sets a precedent for all of that type of land, one that is broad in scope — is that correct? Yes — this is a legislative action that would apply to all IP Zoned lands. Not just the subjectpropery. • What is our history, in Tigard, of changing zoning for a single business? That's not something usually done. • Where are the IP zoned areas? There are two maps attached. You can see the areas on there. • If the code is changed — is the concern that car lots could come in? It's possible — motor vehicle sales, and rentals, would include all vehicles. • What is the downside of that? . From a standpoint of protection from Metro, DLCD, and our regulation previously, we want to preserve industrial land for industrial uses — primarily. But, there are other services in the IP one that are allowed. • What business was in that building before? Industrial use. • Are there other industrial sites where this facility could be located and meet code? Yes, there are Zones that can accommodate that use; however, the applicant had dculty finding the • PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 4 of 9 building that would accommodate that use in those zones so they found this building type attractive — itjust happened to be located in the IP zone. • If they do this amendment, my thought is that we open the floodgate to any and all operations. • With respect to the finding that this may be inconsistent with Metro's code, what is the potential consequence of allowing a change like this? What's the downside? If thy felt it was important, th y could appeal it to LUBA and then we'd have to deal with that. • Development complex — is it defined? Complex could be one building, one property, one use. • Development complex is not defined. It's not clear. Should we consider narrowing that down to be .pecific to make sure we're getting the scale of what we might permit appropriate? • Is part of the problem the fact that the definition has the boat fall within "motor vehicle sales "? Is there any way we can we move the boat out separately? That is a potential recommendation. You could add a note saying 'This use is limited to boat sales and rentals " • Can we pull out "boats" versus "motorized vehicles "? Most people don't think of boats as motorized vehicles — those are cars, motor homes, etc. Is one of our alternatives to make an exception saying it only deals with boats? Yes —you could do that. APPLICANT'S PRESENTATION April Berg of 13531 SW Aerie Dr., Tigard, OR 97223 introduced herself as one of the owners of Northwest Ski and Wake Sports. Jack Hoffman also introduced himself as an Attorney for Dunn Carney Allen Higgins & Tongue LLP located at 851 SW 6th Ave., Portland, OR 97204 Ms. Berg began by saying they'd gone through most all of what the commissioners concerns are during the pre -apps with the City of Tigard. She said they started the process in July and, unbeknownst to them, they and their brokers had information that the property was zoned IL. They said they've been in other IP and IL zones in other cities in the Metro area. She said this particular location was chosen for various reasons. They did a market study. Their business is to sell very high end boats - they could be likened to Lamborghini's. They don't have customers every day. It's a very high end single niche. They sell anywhere from 30 to 65 boats a year. So a buyer is coming in once every 5 days or once every 12 days. In the winter there will be times when people will drop off their boat to have it serviced on Monday and come pick it up on a Saturday. She said we may have 3 or 4 days where there's, frankly, no deposits - and that's not to make my current landlord sitting back there worried, but it's just one of those difficult sales. The reason we chose this location is 3 fold. One - It's close to the center where the market study was done. Two - Based on our buyer profile, PLANNING COMMISSION MEETING MINUTES —January 5, 2009 — Page 5 of 9 those people that we would be selling to are already traveling on that road. It's not a new trip for them. They're already going to the high school. The typical buyer is a family buyer --- their income range is $150,000 - $350,000. So they are coming and going to Bridgeport or to the high school for games and activities. The third, and probably the most important reason, is the Duncan's building — the site itself. We have to have our boats inside. They're high end and we don't want them exposed to the weather. We have to move the boats easily in and out. This building meets those needs. There are freight doors that work in that capacity. Lastly, industrial zones have become unfriendly to retail environment. This location is clearly very "light" industrial -- which is what makes it so attractive. This business will not be an eyesore, but an asset to that area. We've worked with the City on this since July. We want to provide a good product for Tigard. At this point, the attorney spoke to the Commissioners regarding their stated concerns. He said that in terms of the traffic impact and the DLCD analysis, there's no evidence to address the TPR — Traffic Planning Rule. The difficulty with what DLCD said is that there's nothing in the Institute for Transportation Engineer Manual (the ITE manual), that fits with boat sales. If you go through the manual, there's nothing that talks about it. The closest would be furniture sales, which is a large item. We're really talking about form over function. As staff has pointed out, industrial uses are changing and blurring. We're proposing that you look at the effect on the industrial park area — what does this look like? If you minimize it to 20% and the development complex is very small in this situation — less than 60,000 sq ft. and that they're indoor boat sales — then you have a handle on it and you don't open the flood gates. The comment about car lots - well, car lots will not come in if you limit the boat sales. As to whether this does or does not comply with Metro's code — I'm confident that this does not violate Metro Code and we didn't get a letter from Metro to that effect because the employment area restriction from Metro restricts new buildings. The industrial area restriction really talks about big box retail. They don't intend to regulate this kind of small commercial activity. I'm comfortable that that isn't an issue with this Planning Commission. This does not violate Metro Code Title Four. We would support the staff's recommendation in terms of the conditions of limited to boats with the other restrictions as per your instructions. At this point there were a few questions & comments. One of the commissioners noted that he thought this business would be an asset to the area. His biggest concern remains the traffic issue. He said the Planning Commission has an obligation to make a decision based on evidence so he wanted to ask some questions: • What is the business that used this property previously? At this point, the landlord, John Duncan, of 9929 NW Upton Ct., Portland, 97229, spoke to the question. He introduced himself as the owner of the property. He said the previous tenants in the PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 6 of 9 building were basically involved in selling cultured stone to builders, etc. and there was a lot more traffic coming into the place than these people will have. • How many visits do you anticipate you're going to get from "lookie loo" types or prospective buyers? On an average - two visits. We have an Internet site and a lot of the negotiating and information disseminating is done over the Internet. • What you're essentially saying is that you're averaging on a daily basis roughly one visit to your store per day. Is that correct? I would say that's true. In the winter we can go days without a visit — we'll deal on the internet and the phone — but no visit. • Would you say that the prior user's trips were significantly greater than that? Yes — semi's would come in unloading stone. • How long was that tenant in there? That tenant was in there for two years. PUBLIC TESTIMONY — IN FAVOR None PUBLIC TESTIMONY — IN OPPOSITION None APPLICANT'S REBUTTAL None PUBLIC HEARING CLOSED DELIBERATIONS The commissioners deliberated at length. Some of the deliberations follow: One of the commissioners said the intent of Metro was to keep out used car lots and sprawl. He said he likes the project. It will attract people from out of town. Another commissioner noted upscale selling would be a good tenant and citizen for the City. One noted the fact that they're indoors, and that this business might actually reduce traffic from the previous business. Commissioner Doherty wanted to go on record as encouraging light industrial growth in the City of Tigard. She said that looking at where this property is, and looking at the kind of business that's coming in, she's not that concerned about the traffic. She thinks there should be some sort of requirement for a traffic study but this is not a business that will bring in a lot of traffic. It's a very exclusive clientele. So she likes to encourage business coming in to PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 7 of 9 Tigard, but again, with the idea that a goal out there that — we also encourage light industrial that will bring in more jobs into the City of Tigard. One of the commissioners said she was personally conflicted because she thinks that it's a nice business but, thru her tenure, she's seen a chipping away at all of our industrial — it seems it's all going commercial office. She's concerned about the pattern that seems to be being established - about individualizing zoning. She doesn't like the path it's headed down. She's also concerned about the Industrial Zone as an employment base — she's not sure it can be considered to be good for employment. She'd like to see it work but is concerned about the trend. She suggests addressing development complex. There were more deliberations and then a motion was made. MOTION The motion was by Commissioner Vermilyea, seconded by Commissioner Caffall as follows: I move that the Planning Commission forward a recommendation of approval to the City Council of application DCA2008 -00004 and adoption of the findings and conditions of approval contained in the staff report, as well as the amendments that we've made here tonight. Specifically, restricting changing the motor vehicle related sales from a non - prohibited use to a restricted use with the restrictions that were set forth today including limiting it solely to boat sales, such that those limited uses separately, or in combination, may not exceed 10,000 sq ft per lot, and such that all activities, except employee and customer parking, are wholly contained within the building. And also a condition on receipt of a letter from Metro Council to the effect that this use, as set forth in the application, will not violate Metro Code Title Four. Not in the language of the restriction - it is just a condition of approval.) The motion passed unanimously on a recorded vote; the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea and Commissioner Walsh (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Fishel (1) President Inman noted that this application will be going to City Council on February 10th pending the letter [from Metro]. PLANNING COMMISSION MEETING MINUTES — January 5, 2009 — Page 8 of 9 7. OTHER BUSINESS There was a request that the Planning Commission Secretary check on whether there is a need to vote on officers this year. She will check the bylaws and see if this needs to be done on an odd or even year and report back to the commission. 8. ADJOURNMENT President Inman adjourned the meeting at 8:49 p.m. UAL-- Doreen Laughlin, Planning Co sion Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES — January S, 2009 — Page 9 of 9 ATTACHMENT 1 v+vtav:11 � / T heodore R. Kulongoski, Governor .. v im Department of Land Conservation and Development Meg Fernekees, Portland Area (West) Regional Representative Portland Regional Office 800 NE Oregon Street, M/S 18 Suite 1145 Portland, OR 97232 (971) 673 -0965 January 2, 2009 Gary Pagenstecher, AICP Associate Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard OR 97223 SENT VIA EMAIL Subject: Local File No. DCA2008 - 00004 DLCD File No. Tigard 010 -08 Development Code Change Dear Mr. Pagenstecher: The Department of Land Conservation and Development received a notice of proposed amendment for the file referenced above. The proposal is to allow "motor vehicle sales /rental" in the I -P zone as a restricted (R) use, currently Not Permitted (N), with some limitations. The Oregon Department of Land Conservation and Development (DLCD) appreciates the opportunity to comment on the above proposal. We respectfully request that this letter became part of the official record for the above proceedings. We hope you will find the following comments helpful in the city's deliberations on this matter. Goal 12 — Transportation Planning Rule (TPR) As we understand the applicant's case, the applicant claims that the requirement to be indoors placed on the motor vehicle sales use in this zone would make most "walk - in" motor vehicle sales unfeasible. While one could argue that the history of large indoor showrooms along the I -5 corridor proves the opposite, the text amendment in any case is overly broad and likely may have unforeseen consequences, both in terms of the growth of large product merchandizing and in traffic congestion. In this regard, the Transportation Planning Rule mandates that all possible "motor vehicle sales /rental" uses in the IP zones city -wide be addressed, not just the applicant's specific proposed use. Goal 9 and Preventing conversion of industrial land The applicant erroneously concludes that Statewide Planning Goal 9 is not•applicable to the proposal. Commercial sales of any large merchandise can erode the future viability of industrial uses in the vicinity. The department agrees with this advisory conclusion in the staff report: "The Planning Commission should consider whether the proposed use would otherwise compromise the intended use of industrial -zoned lands for industrial purposes." Similarly, we would urge the Commission such serious consideration as well, particularly in light of the apparent inconsistency with Metro's Title 4 requirements. We appreciate the opportunity to comment and ask for your kind consideration of these comments. To continue the trend of conversion of industrial land is not in the State's or the City's best interest. • If you or other city officials have any questions on the above comments, please contact me at 971- 673 -0965 or meg.£ernekees@state.or.us. Thank you. Sincerely, Meg Fernekees DLCD Metro Area (West) Regional Representative cc: Tom Hogue, Economic Development Planning Analyst Angela Lazarean, Urban Planner Darren Nichols, Community Services Manager Gloria Gardiner, Urban Planning Specialist Bill Holmstrom, Transportation & Land Use Planner Tim O'Brien, Principal Planner, Metro ATTACHMENT 3 Agenda Item: L.: Hearing Date: January 5.2009 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: MOTOR VEHICLE SALES /RENTAL IN THE I -P ZONE CASE NO.: Development Code Amendment (DCA) DCA200 8-00004 PROPOSAL: To amend the text of Table 18.530.1 of the Community Development Code to allow "motor vehicle sales /rental" in the I -P zone as a restricted (R) use, currently Not Permitted (N), provided (a) such operation takes place wholly within an enclosed building and (b) does not exceed 20% of the floor area of the given development complex. APPLICANT: Bruce and April Berg OWNER: John and Janice Duncan Northwest Ski & Wake Sports, LLC 9929 NW Upton Court 2801 NE Riverside Way, Suite 200 Portland, OR 97229 Portland, OR 97211 APPLICANT'S Dunn Carney, etal. AGENT: 851 SW Sixth Avenue, Suite 1500 Portland, OR 97204-1357 ZONE: I -P: Industrial Park Zone. LOCATION: Land zoned Industrial Park (I -P). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390 and 18.530; Comprehensive Plan Goals 1.1 and 9.1; Metro Urban Growth Management Functional Plan Sections 3.07.110 and 3.07.410; and Statewide Planning Goals 1, 2 and 9. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment allowing motor vehicle sales /rental in the Industrial Park zone with a condition that limits the permitted use to boats, and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City CounciL MOTOR VEHICLE.. SALES /RENTAL IN THE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008 -00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 8 SECTION III. BACKGROUND INFORMATION The applicant owns and operates Northwest Ski and Wake Sports, LLC, which specializes in high -end water craft. The applicant presently operates in the Coluinbia Southshore area near the airport in Portland's "General Industrial 2" zone. The applicant intends to move their business to Tigard and entered a lease agreement for a building in the Industrial Park (I -P) zone that met the space and functional needs of their business. On learning the proposed use was not allowed in the I -P zone, the applicant applied for a text amendment to permit the use. The applicant states that the business, with a "highly specialized market niche," defies easy categorization, that it is neither retail (low frequency of boat sales) nor industrial (no manufacture or distribution). The business does not require outdoor storage and is not land intensive. The current business includes 3,000 square feet of show room, 3,000 square feet for accessory sales, 2,000 square feet for office /internet sales, and 900 square feet for boat service. The proposed use on the subject site has similar space allocations. The applicant states they have struggled to find suitably zoned land in Tigard. The applicant's business includes boat sales and senvicing, retail accessory sales, and office. The I -P zone permits motor vehicle servicing (conditionally), sales oriented retail (if less than 20% of total development complex), and office uses. The City's Use Classifications includes boats in the definition of "Motor Vehicles Sales /Rental" which is not permitted in the I -P zone. Hence, the applicant has proposed the amendment to allow "motor vehicles sales /rental" in the 1 -P zone for the boat sales portion of the business. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to the subject property and all other 1 -P zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision - making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3 Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the five listed factors on which the reconunendation by the Commission and the decision by the Council shall be based. STATEWIDE PLANNING GOALS AND GUIDELINES Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. A notice was mailed to all property owners within 500 feet of the project site and the notice was additionally published in the Tigard Times newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published poor to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. MOTOR VEHICLE SALES /RENTAL IN THE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008 -00004 1 /5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 8 Statewide Planning Goal 2 – Land Use Planning: This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Comprehensive Plan. As discussed within this report, the Development Code process and standards have been applied to the proposed amendment. Statewide Planning Goal 9 – Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. FINDING: Based on the analysis above, staff finds that the proposed text amendment is consistent with applicable Statewide Planning Goals. FEDERAL OR STATE STATUTES AND REGULATIONS The applicant cites the State Transportation Planning Rule (OAR 660 -012 -0060) which requires evidence that the proposed plan amendment will not significandy affect a transportation facility. The applicant identifies the difficulty in using the ITE Manual to estimate the tris that would be generated by the "niche" business, but concludes "the use would have a very low traffic flow." The City has concerns about capacity at the intersection of 74th Avenue with Durham Road (adjacent to the subject property). The City is concerned that the proposed development could increase the volume of traffic traveling to and from the site, which could lead to capacity issues at the Durham /74th intersection. The City's Engineering department suggests that the applicant be required to provide trip generation information (such as counts from similar existing uses or a more detailed trip generation analysis) to show that either a) the proposed use would generate less traffic than current uses, or b) if the proposed use would increase trip generation, that there would be adequate capacity at the intersection of Durham Road with 74th Avenue to accommodate this additional traffic. FINDING: Based on the analysis above, staff finds that approval of the proposed text amendment may result in adversely affecting a transportation facility adjacent to the subject site. However, it is unclear whether the effects would be "significant" enough to be inconsistent with State Transportation Planning Rule in this case, or cumulatively, if applied throughout the I -P zone. Facts have not been provided which conclusively indicate whether there would or would not be a significant affect on a transportation facility. METRO The Urban Growth Management Functional Plan provides tools that help meet goals in the 2040 Growth Concept, Metro's long -range growth management plan. Title 4, Industrial and Other Employment Areas, places restrictions on certain uses in the three designations on the 2040 Growth Concept Map: Regionally Significant Industrial Areas, Industrial Areas, and Employment Areas. 3.07.430 Protection of Industrial Areas. Cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for retail commercial uses —such as stores and restaurants —and retail and professional services that cater to daily customers —such as financial, insurance, real estate, legal, medical and dental offices —in order to ensure that they serve primarily the needs of workers in the area. One such measure shall be that new buildings for stores, branches, agencies or other outlets for these retail uses and services shall not occupy more than 5,000 square feet of sales or service area in a single outlet, or multiple outlets that occupy more than 20,000 square feet of sales or service area in a single building or in multiple buildings that are part of the same development project .. . MOTOR VEHICLE SALES /RENTAL IN THE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008- 00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 8 3.07.440 Protection of Employment Areas. Except as provided in subsections C, D and E, in Employment Areas mapped pursuant to Metro Code Section 3.07.130, cities and counties shall limit new and expanded commercial retail uses to those appropriate in type and size to serve the needs of businesses, employees and residents of the Employment Areas. According to Metro's Title 4 Industrial and Employment Land map, the City of Tigard has no "regionally significant industrial areas," some "industrial areas," and mostly `employment areas." Metro's "Industrial Areas" within the City correlate with approximately half of Tigard's "Industrial Park" zone. Metro's "employment areas" within the City include some or all of Tigard's heavy, light, and industrial park zones, and some general commercial, mixed use employment, and mixed use commercial zones. The applicant's proposed amendment to permit motor vehicle sales /rental in the I -P zone would apply to all of the lands within the City zoned Industrial Park. Industrial Park is comprised of both Metro's industrial and employment areas. Protections of these Metro areas aim to ensure that commercial uses serve primarily the needs of workers in "Industrial Areas" and the needs of businesses, employees and residents of the "Employment Areas." The proposed use, in this case, for a "niche market" of upscale boat owners, would likely be regional in scope. In general, the proposed amendment to permit motor vehicle sales /rental, limited to 20% of a development complex and contained within a building, may be consistent in terms of size of allowed commercial uses, but unlikely that the type would serve only local markets. FINDING: Based on the analysis above, staff finds that the proposed text amendment may be inconsistent with applicable Metro code which limits expansion of commercial uses in industrial and employment areas to a type and size of use that would serve local markets. TIGARD COMPREHENSIVE PLAN Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City has mailed notice of the Planning Commission hearing to interested citizens and agencies. The City published notice of the Planning Commission hearing December 18, 2008. After the Plannu7g Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. With these public involvement provisions, the proposed zone change is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up -to -date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Applicable polices under this goal relate to amendments to Tigard's Comprehensive Plan /Zone Map and not to amendments to the Development Code text. The applicant does nor propose an amendment to Comprehensive Plan /Zone Map. Therefore, this Goal does not specifically apply to the proposed text change. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2: The City shall actively encourage businesses that provide family -wage jobs to start up, expand, or locate in Tigard. Northwest Ski and Wake Sports is a family owned and operated business that likely provides family wage jobs for its owners and perhaps to its employees. The City should actively encourage this business and others to locate in Tigard. MOTOR VEHICLE SALES /RENTAL IN THE 1 -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008 -00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 8 Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The proposed motor vehicle sales /rental use is currently not allowed in the I -P zone. The applicant sees an economic development opportunity in an existing building within the I -P zone and seeks to amend the code to accommodate the use and limit the impacts trough size and location restrictions. In this case, the req' fired infrastructure is existing. Policy 6: The City shall promote actions that result in greater, more efficient, utilization of its Metro - designated Employment and Industrial Areas. The proposed amendment would permit an additional use in the 1 -P zone. As described above, the City's I -P zoned lands are in both Metro's Employment and Industrial Areas. The proposed amendment would allow the applicant to utilize a vacant property, consistent with this policy. Policy 7: The City shall limit the development of retail and service land uses in Metro- designated industrial areas to preserve the potential of these lands for industrial jobs. The proposed motor vehicle sales /rental use would be permitted within a Metro- designated industrial area, but would be limited in size and contained within a building. The policy does not prohibit retail uses but limits them to preserve the potential for industrial jobs. FINDING: As shown in the analysis above, the Citizen Participation and Land Use goals have been satisfied. The economic development policies are designed, on the one hand, to promote economic activity, and on the other, to protect lands for industrial uses and jobs. Staff finds that the proposed text amendment is consistent with the applicable goals and policies contained in the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.530, Industrial Zoning Districts, establishes procedures and criteria for development within industrial zoning districts. Pursuant to Section 18.530.010, the purposes of these regulations are to: Provide range of industrial services for City residents. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of job opportunities are available throughout the City so that residents can work close to home if they choose. The location of land within each industrial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. "Motor Vehicles Sales /Rental" is otherwise allowed in the I -L and I -H zones, but "Sales- Oriented" retail is not. All aspects of the business would be permitted in the C -G, CBD (conditionally), MUE and NfUR (restricted to accessory uses within a building). The applicant could site their business in other zones within the City while preserving the I -P zoned lands for industrial uses. Section 18.530.020, List of Zoning Districts, describes the Industrial Park District: the I -P zoning district provides appropriate locations for combining light manufacturing, office and small -scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I -P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian- friendly. MOTOR VEHICLE SALES /RENTAL IN THE 1 -P ZONE DE\' LOPM.ENT CODE AMENDMENT DCA2008 -00004 1 /5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 8 Pursuant to Section18.130.020.C.5.a, "Motor Vehicle Sales /Rental" includes car, light and heavy truck, mobile home, boat and recreational vehicle sales, rental and service. This use is currently permitted in four zones as indicated above. However, if as proposed, the use is limited to 20% of a development and located within a building no off -site impacts), the use would be consistent with the "small scale commercial use ... in a campus setting' that characterizes the I -P zone. The proposed text amendment is shown below: DCA2008 -00004 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold] — Text to be added [Skethxoug h] — Text to be removed TABLE 18.530.1 USE TABLE: INUSTRIAL ZONES USE CATEGORY 1 -P 1 - I - Motor Vehicle Related - Motor Vehicle Sales /Rental N- 8 2,4 P P 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 4 Permitted if all activities, except employ =ee and customer parking, are wholly contained within a building(s). A resliicled (R) use is pemitted ouir ght providing it is in comp /lane with .pecia/ requirements, exceptions or irstiictions. A prohibited (N) use is one which is not permitted in a tioning district under city are-mini FINDING: Based on the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the Tigard Development Code. SECTION V. STAFF ANALYSIS METRO Code Pursuant to 3.07.430, Protection of Industrial Areas, "cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for retail commercial uses." The City already limits commercial uses in the I -P zone for such ermitted uses as eating and drinking establishments, retail sales and personal services, and bulk sales. The applicant's proposed amendment would add an additional use with similar size and location limitations. The Planning Commission should consider whether the proposed use would otherwise compromise the intended use of industrial -zoned lands for industrial purposes. Department of Motor Vehicles (DMV) Regulations If limited "motor vehicle sales" is permitted in the I -P zone, the sale of cars, as well as boats (as in this case), would be permitted. The City has experience with car "dealers" wanting to open offices to practice their trade. The City has a practice of denying these dealerships as "office" uses because enforcing the indoor -only use restriction (for Home Occupation Permits) has proved problematic. The City Staff Memo on DMV Dealer Applications, dated August 26, 2008, outlines the potential conflict and enforcement issues associated with DMV dealer licensing and the location approval requirements requiring local zoning official sign -off. Essentially, if the City signs the DMV dealer license form, the City is approving "displays of vehicles for sale" at the business location. MOTOR VEHICLE SALES /RENTAL IN TILE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008 -00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 8 The Planning Commission should consider whether permitting the proposed use, even though limited in size and location, could unnecessarily cause a tan le of enforcement situations if outdoor display or storage of motor vehicles regulated by the DM\T occurs. One way to avoid this complication would be to restrict the use to boat sales only, which do not require DMV licensing. Notes: DMV regulates the sales of motor vehicles as defined in ORS 801.590: "Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. "Vehicle" does not include a manufactured structure. The City's Use Classifications (18.130.020.C.5.a) defines "motor vehicle sales /rental" to include car, light and heavy truck, mobile home, boat and recreational vehicle sales, rental and service. SECTION VI. ALTERNATIVES TO APPROVAL No Action — the code would remain unchanged, and Motor Vehicle Sales /Rental would continue to be prohibited in the 1 -P zone. Expanded Action — Permit Motor Vehicle Sales /Rental in the I -P zone with no size restrictions. Alternate Actions — further restrict the use to include boats only and /or further restrict the percentage of a building that could be allocated to the use. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS • The City of Tigard Long Range Division was notified of the proposed code text amendment but did not comment. The City of Tigard Engineering Department reviewed the applicant's proposal and provided the following comments: One issue of concern is the potential generation of additional traffic by the proposed use. The City has concerns about capacity at the intersection of 74th Avenue with Durham Road (adjacent to the subject property). The City is concerned that the proposed development could increase the volume of traffic traveling to and from the site, which could lead to capacity issues at the Durham /74th intersection. In the Applicant's Summary Notebook, the applicant correctly notes that the proposed use really does not fit within any of the categories of uses for which the Institute of Transportation Engineers (I'1 E) has collected data in its Trip Generation manual. The applicant compares perhaps die closest use (New Car Sales), which would generate 33.34 trips per thousand square feet of floor area, with a use allowed by current zoning (Office Park), which would have a trip generation rate of 11.42. The applicant then speculates that, because the proposed use would be required to be wholly indoors, it would generate less traffic than currently allowed. While this could be true, the applicant's statements do not provide sufficient information to make this finding. Therefore, if the Planning Commission elects to recommend approval to the City Council, staff recommends that as a condition of approval, the applicant should be required to provide trip g eneration information (such as counts from similar existing uses or a more detailed trip generation analysis) to show that either a) the proposed use would generate less traffic than current uses, or b) if the proposed use would increase trip generation, that there would be adequate capacity at the intersection of Durham Road with 74th Avenue to accommodate this additional traffic. METRO, ODOT, and DLCD were notified of the proposed code text amendment but provided no comment. MOTOR VEHICLE SALES /RENTAL. IN THE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008-00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 8 7/ I /- , . ter/ ! ,j % (l1 /0' < December 18, 2008 P 1 ARE.0 B ': V. ry agenstecher DA'1`E- ssociate Planner 14 C' ■ December 18, 2008 APPROVED BY: Dick Bewersdorff P DA 1'E Planning Manager Attachments: 1. Vicinity Map of all I -P Zones in the City of Tigard 2. Vicinity Map of Metro Title 4 Industrial and Employment Land MOTOR VEHICLE SALES /RENT/U., IN THE I -P ZONE DEVELOPMENT CODE AMENDMENT DCA2008 -00004 1/5/09 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 8 74 I, -,L ‘ ' '' F J 11L 4 r 1 y \\_ :<,,,,- -i, -,,, _ ) r f - ., -, dk i ' • , ,, v ' 1 - Metro i I Li, , .. T -.:— ( , 1 \ i• so 1 1 . . i _I ..\-, - 1 - , -- _J 1 t -), ,„, 1 , 1- - , r < gill , r IDI ', r ------ Designations < _ -f , " - 11111 Ed City of Tigard 1 s N.. , Oregon - ___._ Zf.,i • \ Y 7,-1 I :vas • - r ry t. 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ATTACHMENT 4 F oummary Notebook Prepared for City of Tigard Zoning and Photos Subject Property 16055 SW 74th Avenue, Tigard, Oregon 97224 RECEIVED NOV 0 3 2008 CITY OF TIGARD FiLANNiKIENGINEERING NORTHWEST SKI AND WAKE S PO RTS unn l j�ATT L&W `�� AT LAW . �•f ±.T 111 ti kI . *HP October 3, 2008 TY K. WYMAN VIA MESSEN ER DIRECT DIAL 503.417.5478 City of Tigard Permit Center 13125 SW Blvd. E -MAIL Tigard, /OR 97223 tkw @dunn- carney.com ; ADDRESS • Re: Bruce & April Berg Land Use Application Suite isoo Our File No. BER33 -4 851 S.W. Sixth Avenue Portland, Oregon To Whom It May Concern: .97204 -1357 Phone 503.224.6440 This firm represents Bruce & April Berg, dba NW Ski & Wake Sports, Fax 503.224.7324 LLC. The Bergs herewith make application for an amendment to the text of the INTERNET development code. In support of the application, we enclose the following: www.dunncarney.com o completed Land Use Permit Application form, signed by the Applicant (three copies); o completed Basic Submittal Requirements form (three copies); o narrative statement explaining the proposed amendment and how it complies with the applicable criteria (three copies); o copy of the notes of the Berg's pre- application conference (three copies); o as -built plans of the property leased by the Bergs (three copies); ® vicinity map (three copies); o check from the Bergs in the amount of $3,493 to cover the filing fee. Thank you for your assistance. Please let us know as soon as possible any additional information that you need to review the application. S your Ty K. Wyman TKW :lbs Enclosures cc: Bruce & April Berg Member Trr MERITAS LAW FIRMS WORLDWIDE INDEPENDENT MEMBER OF MERITAS WITH AFFILIATED OFFICES IN MORE THAN 250 CITIES AND 60 FOREIGN COUNTRIES PRE-APP. HELD BY: • CITY 0 7 TIGARD PLANNING DIV e „ °A r„ {, LAND USE PERMIT A P UcCA: I ®N FA City of Tigan - 1 Perna Center 13125 SW Hall Bled, Ti �x rc4 OR 97223 Phone 503.639.4171 Fax: 503.598.1960 File # Other Case # Date 1 -0/ 03 /9? , 1 By Receipt # 1 1 Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment /Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ' ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) I ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) . Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ' ❑ Home Occupation (II) ❑ Subdivision (II or III) • LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR (Address if available) 16055 SW 74th Ave., Tigard, OR 97224 TAX MAPS &TAX LOT NOS. 2S113AB Tax Lot 00800 • I TOTAL SITE SIZE ZONING CLASSIFICATION I � 6.52 acres I - P • APPLICANT'' Bruce and April Beret - Northwest Ski & Wake Sports, LLC 1 MAILING ADDRESS / ' /STATE /ZIP 1 2801 NE Riverside Way,.. Suite 200, Portland, OR 97211 PHONE NO. FAX NO. 503.281.3160 PRIMA 28 N AGT PERSON PHONE NO. April Berg 503.708.0600 or 503.281.1510 l PROPERTY OWNER /DEED HOLDER (Attach list if more than one) John and Janice Duncan I MAILING ADDRESS /QTY /STATE /ZIP I 9929 NW Upton Court, Portland, OR 97229 ,1 PHONE NO. FAX NO. 503.297.9026 503.297.9029 "When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written I authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form 1 or submit a written authorization with this am mlication. PROPOSAL SUMMARY (Please be specific) I . 1 1 I APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is \ curpin \masters \land use applications \land use permit app.doc • THE APPLICANT SHALL CERTIFY THAT: • o If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. e AU the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that anypermit issued, based on this application, map be revoked if it is found that any such statements are false_ o The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATUB.ES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. /073/,Y Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date - • Owner's Signature Date * , ., is /0 /.3-/o A p p 'cant/ en / Repre• tive's Signature Da te Applicant/ Age n /Representative's Signature Date . . . , • . . • • - . . • • . . . . • • ., • . ' - . • . . • • • . . • • • • •• . • , • • • . . . . , ' • . . . ' • - . . . • . . ... . . - .. , — ,_. • : . . .., . ' ' * .., • .._ .• .. . . ,•„,.., , . . .• - • . . . • .. _ . . .. . •...... . . . _ __._•• • - • . • . .. . . • _ _ ". . •.. • . : . • ..... . • I . • • . ..■ . e••••■••••......1.1.4.0.01... ■ . • • . . I ..0 I ' •I • • • . • • • • • • • • 1 . • . . , • . e . . • . • • • • . . . • . • • I el 0, • I •''••• • •. ... .'f.71mmtattlitetfer!VV°'"'d.:°'''...!!'.'.' . . • . ' ( amam tilk I g C° ' waltuANTV inftn—.4l MOM a l.i g ea 5 7 d morMWAI.o44WW • I . POUT.46-AA.J114,411o.APLWA41•..g... P...1Yg,, .. NJOAR-A!IAPJel-nl! Intg no to an snaiviasA ona-third Ler, OEROOE N, WIZ . } MAR OARET.E, 11 „,1,„„,„„,,,,, JOHN ARTHUR DUNCAN AND JANICE TEE DUNCAN, Nueband"and Wife' • Grant.% the lot/whoa dexertberl real property free& nneumbrenven • • • mem HA lowellientir net lorth herein Wonted In .... g9.... .......... .. ............ ..... ..... ..... ....... County, Oregon, to.witt J 1 , .. . , . . ,.. A certain Mill lot in Sections 12 and 13 in Township 2 South, Range 1 West of,the Willamette Meridian, and Bald tract being in Waahington County, Oregon, bounded by and beginning at a point on the Section ' I • . line 38.62 chains East of the Northweat corner of Section 13, TOPmehip 7 • So 2 South, Range 1 West of theWillamette Meridian; thence , uth 6° West 4.90 chains to a ake on the bank of the Mil) creek 9 (generally called Fanno Creek) in st the edge of the road; thence South • 54 East 5.45 chains, more or less, to a stake in the center of ( . the.road; thence North 46°30' East S.32 chains Co a stake in the road; ',! thence North 12° West 1.61 chains to a Stake near mill race; thence North 54°5 East 75 links to a stake near Mill Pond' thence North Nest 6 chain, more or less, to a fir snag five feet in• --, — diameter; thence South 26° West 4.133 'chains to the place of beginning, • • I HO IWO COONOSPratOM Mr MIS CONVITIOWO IS 0..43 1. 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".. .. • :.•.t,AhOPW....4•...1.392...4.5.,...g. 4 . . 1 Jul OTATO OP ORPOON 1 . • ■ . 40 Dunc'en 4..so. omor of HnolenR.II / . . ,. • ..• --",': .. 1 I. Repot Thompson::Olioator. of Rocorde • • • Alb...Wisp nim lot and gleam, ond.EN•0111clo•Roeordel ol Con. • veyoncell hp sold county:Aro hersgy MIIIY the • . 4 . . Hip Vull'Un the wliblii Inotrunfoor of ivilliap. warq..noto 1 , IPACII ........ . ono gotordod In Pot* oi mord@ of oftlyounty. • 16055 ale Walt Ave ....„,,_. , - _ ...........- ... ... .R00EnStiMaligN, 011.11$ Of . ,..... :1 1 Tigar4 . Orogen 97223 ., nimiours un ..4 ' :. .. ipriffis 8 .:' f . . • • - • . - • I . 1 . . 1 • &MI a .1•11.11. Is solivellsti, el Ios A:H.1mM v. 1. (1 . .211” .. .. 4.1 . . - • ...I INA. IfIlewil dd p ss . : IMMO . . • • 6 ti 4 .... ..._ ..... ........................ • • ... ... .._ . . ..... ............ • Ret 2297 TC . . . 1900 DEC -0 PN 12i 45 I.... • .. CO . . CU • . :•‘ .,. 4 .... • • iy .: ,I., ;. . , . • . '- '..‘, r' . - . . ., . • . ,k' ..i !•. Li,. ' • u.l. %II, : • ,' . ' 0 . • . . . , . • . ;..,..,, 1. . . :r,,. ! , 1, . • • .9 . • I . . . . ' • . • . • ' • . • . . • , . • .., • . . • .• , 0 ri /70Z ■•••*,- • '1 • . L. , . • . . - . . . .. I . • . ' .1.2:W.7.17111:72 ...• ' .........1......................:4................ .....,:—..--. ................... ... .............• , .. . 1 1 . CITY OF TIGARD Date: /a/3 /0 S LAND USE APPLICATIONS • ,- BASIC SUBMITTAL REQUIREMENTS Project: 7 APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL S! ;:;M!TTAILS, ALL ITEMS MUST BE SUBMITTED) AT ONE TIME Include this form with. submittal packet. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. . , ➢ Three copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed complete. • > Each packet must be collated: Plans are required to be a minimum of 24" x 36 ". . 9 Plans must be FOLDED, rolled plans are not accepted. Applicant Staff Documents, Copies and Fees Required Completed Master "Land Use Permit" Application with property owner's signature or name lam- of agent and letter of authorization v Title transfer instrument or grant deed ✓ Written summary of proposal t----- Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre- Application Conference notes) • Documentary evidence of Neighborhood Meeting: Neighborhood Meeting Affidavits of u ici Posting &Mailing Notice, Minutes, Sign-in Sheets t r . / c., Service Provider Letter vt/C, Impact Study per Section 18.390.040.B.2 (e) ri Copy of the Pre - Application Conference notes Filing Fee (see fee schedule) ii / Preliminary Sight Distance Certification k I c, Preliminary Storm Calculations ,' (c, Arborist Report h ic Traffic Report (if Required) Maps or Plans (Plans must be at least 24" x 36 ") ✓ Architectural Drawings (elevations & floor plans) _� ------- ✓ - Exist -ing- Gonditions.Map .. . K l 4 Landscape Plan . µ/a Preliminary Grading /Erosion Control Plan 1 A14 PreliminaryPartition/Lot Line Adjustment Plan . A ca . Preliminary Storm Drainage Plan P- ek Preliminary Utilities Plan el a Public Improvements /Streets Plan ti 4 Site Development Plan ri ja Subdivision Preliminary Plat Map ,. /, • Topography Map ,t irA Tree Preservation/Mitigation Plan ;� Vicinity Map Once your application has been deemed complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped, addressed # 10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal -size (# 10), addressed with 1" X 4" Labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (please see request for 500' property owner mailing list form). I: \CURPLN\Masters \Submittal Requirements Check List.doc (Updated: 20- May -08) BEFORE the C9TY of THGARD, OREGON APPL CATOON for CODE TEXT A ENID Ii EDIT By Brake ` . prN [berg Applicant's Narrative (October 3, 2008) The Applicant The Applicant owns and operate Northwest Ski and Wake Sports, LLC, which specializes in high end water craft. This business defies easy categorization. It is not retail; given its highly specialized market niche, the Applicant does well to sell one boat a week. Also, retail commercial buildings do not have sufficient door width or ceiling, height to accommodate the boats. Nor is the Applicant's use industrial. It does not manufacture and /or distribute to wholesalers. Also, because it requires no outdoor storage, it is not land intensive.' As something of a tweener use, the Applicant has struggled to find suitably zoned land in the City. The Applicant's Proposal The Applicant asks the City to amend the text of Table 18.530.1 of the Community Development Code as shown on Exhibit A hereto. This amendment would allow "motor vehicle sales /rental" in the IP zone, provided (a) such operation takes place wholly within an enclosed building and (b) does not exceed 20% of the floor area of the given development complex. Process As a Tyke IV Zoning_ Ordinance Amendment,_ this application is governed provisions of CDC Chapters 18.130, 18.380, 18.390, and 18.530. The balance of this narrative sets forth the approval criteria and our responses to them. 1 The Applicant presently operates in the Columbia Southshore area, near the airport in Portland's "General Industrial 2" zone. Its business consists of the following components: e Boat show room (approximately 3,000 sq.ft.); e Boat accessory sales (approximately 3,000 sq.ft.); e Office /internet sales area (approximately 2,000 sq.ft.); and e Boat service (approximately 900 sq.ft.). In the boat show room, there will be approximately 5 to 10 boats in the interior show room area. The boats range in price from $35,000 to $85,000. APPLICATION for CODE TEXT AMENDMENT 1 CDC Chap. .18.380 Under CDC § 18.380.020, legislative text amendments (such as the instant application) are governed by CDC § 18.390.060.G. CDC § 18.390.060.0: The Statewide Planning Goals and Guidelines Of Statewide Goals, the Applicant finds only the Transportation Planning Rule (specifically, OAR 660 -012 -0060) applicable to this proposal. The TPR requires evidence that, assuming reasonable "worst- case" development thereunder, the proposed plan amendment will not "significantly affect" a transportation facility. Under Mason v. City of Corvallis, 49 Or LUBA 199 (2005), such an affect can exist only where the proposal would increase the number of vehicle trips that development of the property will likely generate. The threshold question here, then, is whether reasonable worst case development under the motor vehicle sales /rental use category would increase the amount of traffic generated by such development. According to the ITE Manual, new trip ends to an office park would be 11.42 per day per thousand square feet of floor area. To be sure, a motor vehicle dealership would generate more trips (33.34). However, the attendant restrictions (all operations conducted indoors) make such a use infeasible in this zone. Even a car rental agency is infeasible under these conditions. More likely in this circumstance is someone who sells large vehicles to serve industrial deliveries, keeping its inventory off-site. Any such use would have very low traffic flow. As evidence, the Applicant's present watercraft sales operation does most business by internet; indeed, during its slow season can go days with no foot traffic. Any federal or state statutes or regulations The Applicant identifies no federal or state statutes or regulations that apply. Any applicable Metro regulations In 1997 Metro adopted its Urban Growth Management Functional Plan, codified as Metro Code Chap. 3.12. Title 4 of that plan sets forth criteria that govern comprehensive plan amendments affecting designated Industrial land. That provision restricts only the following uses: "retail commercial uses — such as stores and restaurants — and retail and professional services that cater to daily customers — such as financial, insurance, real estate, legal, and medical and dental offices." APPLICATION for CODE TEXT AMENDMENT 2 As noted above, the Applicant's business is not retail, certainly does not "cater to daily customers." Furthermore, CDC Table 18.530.1 does not list motor vehicle sales /rental among the General Retail use categories. Rather, it lists the use within the Motor Vehicle Related category. Thus, the proposed amendment does not violate Metro Title 4. Any applicable comprehensive plan policies The City adopted its comprehensive plan under the Statewide Planning Goals in 1983. Three plan policies bare directly on this proposal: o Economic Development Policy 9.1.3: "The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is available." o Economic Development Policy 9.1.5: "The City shall promote well - designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands." • Economic Development Policy 9.1.7: "The City shall limit the development of retail and service land uses in Metro- designated industrial areas to preserve the potential of those lands for industrial jobs." These policies speak to the tension inherent in the regional industrial land use policy. Le., as the distinction between industrial and commercial blurs, where do we draw the line on allowed uses? Everyone can agree that computer chip manufacturing should be allowed on Industrial and and a discount superstore should not. In this context, it is important to note that, as described above, the proposed text amendment complies with Metro's Title 4. The cited comp plan policies, however, raise a broader question. Given the nature of its landscape, a lot of low slung 1970's vintage industrial buildings, how does the City keep these buildings utilized in a way that does not undermine. Not surprisingly, the Applicant believes that the proposed text amendment will help the City achieve this balance. o The market speaks through this Application. The fact that this landlord found the Applicant to be the highest and best use of it space is substantial evidence that the IP zone in the City is underutilized. The most recent (Q2 2008) report from Norris Beggs & Simpson bears this out. It shows a vacancy rate of about 13% in the industrial /flex market around Hwy • APPLICATION for CODE TEXT AMENDMENT 3 217. Recent macro - economic trends (viz., tightening world credit markets) certainly do not portend this number to come down soon. o According to the Comp Plan, "there has been no large scale encroachment of retail /office uses in industrial areas in Tigard." Thus, the City has, to this point, not drawn the industrial /commercial line too much in favor of the commercial. Now, the Applicant certainly does not mean to say "let's open the floodgates and freely allow a commercial land rush on the City's industrial zones." Nonetheless, this fact should give the City some comfort that the proposed amendment will not exacerbate any existing identified problem. 0 The Comp Plan also says that "the City has lithe vacant industrial land available to attract new large scale industrial development." This suggests that enhancing the City's ability to increase its job base depends mainly on creating vacant industrial zoned land, rather than on maintaining use restrictions on existing development. CDC § 18.530 This chapter describes the industrial zoning districts of the Code. Although the application seeks to amend the text of this chapter (Table 18.530), it does not set forth criteria that govern the subject application. However, the description of the I -P District does provide some relevant context. I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing office and small -scale commercial uses, e.g. restaurants, personal services and fitness centers, in e oampu like • ally thou light Tndustria — uses with no �off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I -P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. The Applicant's use fits this description well. It is small in scale, creates no off -site impacts, and fits in well to a campus setting. APPLICATION for CODE TEXT AMENDMENT 4 18.130: This chapter sets forth the Code's use categories. It does not set forth criteria that govern the application per se. Rather, it describes the "motor vehicle sales /rental" category. DCAPDX_n506090_vl _Application_Narrative. doc APPLICATION for CODE TEXT AMENDMENT 5 Proposed Amendments to Development Code Exhibit A to Application of Bruce & April Berg October 3, 2008 TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I -P I -L I -H RESIDENTIAL Household Living RI RI R Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities Cm CI° P10 Colleges N N N Community Recreation CI9 C 19 CI9 Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P 1 Religious Institutions N N N Schools N N N , Social /Fraternal Clubs /Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R N N Entertainment- Oriented - Major Event Entertainment N N N Outdoor Entertainment P N N - Indoor Entertainment P N N Adult Entertainment N N N 1 General Retail - Sales- Oriented R N N - Personal Services R N N - Repair - Oriented P N N - Bulk Sales R u N N - Outdoor Sales N P P - Animal- Related P P P Motor Vehicle Related Motor Vehicle Sales /Rental IalR P P Motor Vehicle Servicing /Repair C P P - Vehicle Fuel Sales P P /C P Office P N N Self - Service Storage P P P Non - Accessory Parking P P P Changes in Additions in bold Beelutitiod Zursitujk ietrfcts 18.530 -3 SE Update: Proposed Amendments to Development Code Exhibit A to Application of Bruce & April Berg October 3, 2008 TABLE 18.530.1 (CON'T) USE CATEGORY I -P I -L I -II INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse /Freight Movement N P P Waste - Related N N P Wholesale Sales R P P OTI -IER Agriculture /Horticulture P P P Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P /R P t' Rail Lines /Utility Corridors P P P Other NA NA 1 P= Permitted R= Restricted C= Conditional Use N =Not Permitted 'A single- family detached dwelling or single - family mobile or manufactured home allowed for caretaker or kennel owner /operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner /operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3 1n -home day care which meets all state requirements permitted by right. 4 Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. bee Chapter 18.798, Wireless Communication Facilities, for dcfinition of permitted and restricted facilities in the I -P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. care uses with aver 5 children are nermitte1 snhiect to an Fnvirnnmental tmnacr Assessment in accordance with Proposed Amendments to Development Code Exhibit A to Application of Bruce & April Berg October 3, 2008 °Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. These limited uses, shall only be allowed in IP zoned property east of SW 72 " Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right - of -way. (Ord. 04 -14) PRE- APPLICATION NOTES Bruce & April Berg, NW Ski and Wake Sports September 23, 2008 STAFF PRESENT: Gary Pagenstecher APPLICANT: Bruce & April Berg, NW Ski and Wake Sports PROPERTY LOCATION: 16055 SW 74 Avenue. TAX MAP/ LOT #: 2S1135AB00800 PROPOSAL DESCRIPTION: To change the development code text for the I -P zone in Table 18.530.1 to allow motor vehicle sales as a permitted restricted (R) use (limited in size and contained wholly within a building. COMP PLAN DESIGNATION: Industrial Park ZONING: I -P NEIGHBORHOOD MEETING A neighborhood meeting is not required for the CDC text change. NARRATIVE Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. (Note: the following list is intended to provide guidance in preparation of your application. Additional criteria may be identified dependant upon the nature of the specific application, or -3 mo ues- arc - raised In- other -wards; this -is- rot-anrexhaustive-list-ofaii- criteria. It is applicant's responsibility to ensure that all applicable standards are met.) APPLICABLE REVIEW CRITERIA: Zoning Map and Text Amendments 18.380.020 A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the planning commission. The Planning Commission then makes a recommendation to City Council to either approve the request as proposed, modify the request, or deny the request. A subsequent hearing (or hearings) is then held by the City Council. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; [Goals 1) Public Involvement and 9) Economic Development] 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METTRO regulations; [Tide 1 (Metro Code Sections 3.07.110 — 3.07.170) — Requirements for Housing and Employment Accommodation, Title 4 (Metro Code Sections 3.- 07.410 — 3.07.440) — Industrial and Other Employment Areas] 4. Any applicable comprehensive plan policies; (Goals: 1) Public Involvement, and 9) Economic Development); and 5. Any applicable provisions of the City's implementing ordinances [TDC 18.130, 18.380, 18.390, and 18.530]. Application Fees for Zoning Text Amendment (Legislative): $3,493. Decision timeline is at least 4 months from receipt of a complete application. The 120 -day rule is not applicable to legislative changes. PREPARED BY: Gary Pagenstecher Associate Planner • • Page 1 of 1 tt ..P#111 / t...- kl.V 1 v h£a •fit 2 xl � d � > `gyp .` h 4 Lie � 4.. • otl s �x m , � - / i ‘ ' , ...1 , V , , : . ' gO ' ' x 4� S.tr .'rt kW ,1; > ° Subject Propeoly Comp ex Building #1: 16055 SW 74th Av. 10,097 sq.ft. Office / Reception / Internet / Service Area 2,900 sq.ft. Boat Accessories / Sales 3000 sq.ft. Boat Showroom 3000 sq.ft. Service Area - Tenant B - Not NWSW 1,197 sq.ft. note: retail sq.ft. of 6,000 sq.ft. less then allowed 6,847 sq.ft. of retail Building #2: 15995 SW 74th Av. 13,970 sq.ft. Office / Flex Space / Loading / Service Area 13,970 sq.ft. Retail Area 0 sq.ft. Building #3: 16135 SW 74th Av. 10,168 sq.ft. Office / Flex Space / Loading / Service Area 10,168 sq.ft. Retail Area 0 sq.ft. Total Complex Sq.Ft.: 34,235 sq.ft. 20% of Project Complex: 6,847 sq.ft. PROJECT f9' F-OPMA Il IlO �3 _ _ a�nT.n r.oao TABLE I F COb'�1i5 - Q � Q 1:11 C1TY al 19V GENERa:1, 9.092'1A710,1 _ c,i'r9a- P9744.'35 05 /974C7C figlaii2 a CS :ON 2X 10.N :195^4) "FOOL ENaINEE0 0a 3YC 0 a , 9. 1 4 0YE12 OV�ET t9 P 39 : Lr,[ -P w1' x 90 ':ICAnT 39 5./k. 5./k. NTEB 5T. P+ O4 NOTE NOD 00,4 5' 01014 m -. 1imaL- arvp DPECIFICAtI OEA�R'Py OREGON 9709' A Tr.AP2D -O2GCN 9223 OA &11LD CODE mTOR"ATIOrv! , 9933) 957.1735 <5033 02040E3 30 819 999 7994 YOV C{21240.2 ; JIM 011!OP?3L9 D 1.- .A. PL.'D _ $JIB ° a.a A � 11 017E DEVELOP PLAN v 7 I 7 9. . / 319 002,05.'4 91-409 4974'85: 4959 59 'IAN A•,PN.E .i' e '� 0 21 BOOR PLAN 3u ^..11 ro,,•.ri ,0 , ""GW14;AL 9440 K�F 22 PO{NDATIpN PLdn 0 4'' . 23 Fii AKNO, PLANS 04041'"9 U9E. ' /AGdNi .DT la )4 IiOG PLAN i �Y 3.0 905.04719,45 000 49E; 10299 0 GOO' • 0,401223 g 'C SiOOYO 000019 0.0.32 31 ELEVATIO16 EC+A;, OE000.99rGV. :,.K' Mon. )g 1 ,3.40 32 PERPORC290 ELEVATIONS 74.009 000 DL'.3 vrTE 477EA. 6.7 401'55 BUILDING ,a,�CIQ{ -: 4l 550210713 - 00,:£ - CT 000:0 4307. 23339 5£ 5ID 2ETAILS 1 1':..312,7 ARE, 7,2,2 fir F^ J . ' / 61 0 0/1.512 , 57 1 041392411.6 1,40. 0 //.. 52 03 3 4 0.43 0 040 6 73 D7AR AND BALCONT 027,1.5 459,W, P4vR.vi. 9999 9F. I 9 1. \ 1 1 , •, 19CA 9930 3F _ 1 1 1 SEAM = P $iAND,S,IED 9P4GE5, (9 fOESGN LOADS ADA 1 \ ,' \ I (1.0) 5P.7G7,0 \O I ' 000"409 1 0 I • h I • _1 4. <4. ' . -. I 0,0100 I DOIL 2,00 Per P .2 1, / , 8002= DL.15 e 50. UUa 1 ErtFG ?R I, I \ I R3433EHGU&E 1 5 &MOW , 25/9F. , DRP T 9x95339; 7 —!� / I .'; ' -- J ' j.. ,� , i tECH. , SEE PL4N6 o. F.7.'NG 04 1391 39C 7195101 .I .D. "^.x}95 } F'0; !D / ,a , I ' - t' : � ' ' •3' .-, � - _' . , .�0: ;. 445" ),d FLOOra / G =ICE = DL , !c 4 01 ' am 770 OUF; DrL ? .'� e. ■ CC.T ‘2,12.2 �w, fie /: Q LL a 30 G ,1 . , "„-CTi, Tr P_ C : G ,'C:..E, rvurgy,10 I l ( 1 1 ; l'{ �1RrnIN . 7 -1,_ .... YY4 I UIIQJ ., E9 MPH / E:: B C....a a - =1 I ~ sss'...j r 57192110 9EIIC 0071E 71 I, IfO CGNSiocr:.�:: -_ ,.n ` \ GCCS+�I�Da '-+/ ! f4 . M I A S I // 1 E.CCTRICAL MECHANICAL AND 1 h 7 10 2 3 1 5 94 j • CJYTR.AGTO?S ARE 2 5PG`ISIOLE FOR -_ - a 91 13031679 9040 / 909.129924 N0059SARY 9E0E 4120/ 00 AF-0 1 — -- 1 OVERALL SITE PLAN TAX PAP ND. :01 1 13,28 T ` 8 9H A L X T N.O. 251 1 3.l AC. 1'. 531311 0 107 3131? 2 3 n a d 7 9 9 rC 2 1' 4 ,8 r 7 i'S 12 .O di 22 e3 24 23 5 27 20 2e' 3 901< kE' .2.22,2 6 4. l' ,1 .7 ...:.;4.: -„ a,,,,2. 00. ,c-,,... ,,,o - .�•. ... __ a: ' I subject pro peril)/ 10,097 sq ft. Building #1: 16055 SW 74th Av. — , ,,‘,- ,:,,I 1,: ::- -t '''' '' ' '''''.•- 0 9 -A. ' it#' 4 . . s ) ' V,A",ii l'ik•I' '',--*,(45`:.. 'qk',, ',,-ti'' V "*.'"•::: 1 :r v '- ',: 1 ; -; ',' .'".,- .:,) - , frorl■ , , 1 41,:f, .4,,,,r, Z'''''' '' . , ,- f.- 4 ,°;: - : ' vv +*,,,:, ,. '., • , - ' 111 .i_._. i °Pei / . t - , . L ,,, , ', ,', . rke., ' ,•*.-, ' . .7 - Y ' - • '1'1,•• 1.61 , . _.. ,,,. .; 5, ,, „ \ • , ,,,i ;- -.?, - I ,... ,,,..., , - - -. . „-,,,,-,-, / , 4;1 l. : - -,.., fit:* 72,-.-- frx"; i '' 'k. ' ' ' ' ' ."':' ■ --' , , "il 1 4. ' ' t 1' 14 ! A dditi°na,1: 41i; :. ''''-' - '?- ' ' Space prercalse§. , . 4i,,... FY / a.1- 41 _ .,'" ■ .'".. , . , -,, - fr-it,A - 11 1 .,, - - '' , Stip I •,. _ . -. A - ''''' ' - 2 ‘,.:,2Dos afir. GlIge3f `,"„ : , 's , " ' - - 41k . _ •! -,-* AI - 1 iM'r,019`- I i I I 1 Subject Property Complex t .-------- Middle Building I L a R. s cam'.: . , F e tr ,r k c TA §� . x � .i:. n _" _ , -�, — si . ,.. . W f r h ,;,, 1 S NDRTHWES SKI AND WAKE SPDIrfl Sales Overview Boat Accessories Sales: • Life vests, ski ropes, handles, wakeboard and waterski sales • Boat cleaner, boat products, filters, • Apparel, decals, cups, key chains, hats, • Wet suits, dry suits, gloves Boat Sales and Service • Approximately 5 to 10 boats in interior showroom area • Service and seasonal maintenance of boats Catalog and Internet Sales • Life vests, ski ropes, handles, wakeboard and waterski sales • Boat cleaner, boat products, filters, • Apparel, decals, cups, key chains, hats, • Wet suits, dry suits, gloves Staffing / Community Benefits • Current staff of (5) employees - Forecast to increase staffing by 100 %. • High -End Products - Bring consumers into the Tigard Area with household incomes of $150,000 to $500,000. ▪ Majority of sales are from the internet /phone - Low traffic impact on transportation systems. • Majority of sales are from the internet /phone - Impact of the proposed use of surrounding uses and public facilities is minimal. ▪ Improves current profile along 74th Avenue between Durham and Bonita. See enclosed photos. Building Uses: • Office / Reception Area - Approximately 1,700 sq.ft. ▪ Internet Sales Area - approximately 300 sq.ft. • Boat Accessories / Sales - approximately 3,000 sq.ft. • Boat Showroom - approximately 3,000 sq.ft. • Boat Service - approximately 900 sq.ft. �� i� — I f � 4 T AC Y ro 11 Q�D��'" ii - _- - -- - HI GEOGRAPHIC INFORMATION SYSTEM -1 l tt j� i p _ � ~ -- 16055 SW 4TH x — —� — — � � -- SUBJ SITE U ___ ' ,," --- _______ / /,- 1 - ' �� ''''''',...,.._.1 / _ it 0 ..,.....„. 7 / / NNNN'N",, y 1 =ammo 3(19 / ----____"`---- --- li / i /� / / / �. 6'611/1),_ A‹ '''''. / / / V ' s- ' 1, .....-- \ / / ' 0 10 - - -- 2 300 Feel � '' :14415';',4W. D''rt \ `I y� ! 1 "= 201 Feet :401 ,/ , ,R:„."' . — .4,0- : ',% N,W-.,,.'": e<,, \ laot..," . { > _"', -f 1 '` ' s e y :,,,,f 4 "' r � InfomIalion on this map is for general location only and '" � F �+' 'i3 ". .R sold be verified With the Development Services Division. � it -V .'i'i,�` 4 '� , t'r �r \\ f, r" , ;4'14AW < 74 - — `^ xwa^ , r y a \ \ 93125 SW Hail Blvd .49 /'..ct^w� %, " "q y= ^ L e R '4 x . r Ie Tigard. OR 97223 / _, y� � sa ` O \\ (5033639 -d 171 hltpa .citigardor.us Community Development - - - — — o - - - -- -' tY ,lot date: Aug 4, 2008: C: \magic \MAGICO3.APR _. Zoning Districts City of Tigard I Oregon ; -- I n% I i _ i • 3 r mum rmn., . Zoning Classifications . • - _� c•C community cemmermi 'n•. , ` - J -- - — _._ c � General commercial "i ESI t.. 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'/ / � ` , � 0 v / , r,1--- | - `= • - � _ / i ` \ ( ■ / / _-__// | • ' ' i / � / | ^\ / ' | i \ ! \ `� \\ /�/ | / ATTACHMENT 6 January 6, 2009 Mr. Gary Pagenstecher, Associate Planner Mr. Dick Bewersdorff, Planning Manager - City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Northwest Ski & Wake Sports, LLC Development Code Amendment (DCA) 2008 -0004 Motor Vehicle Sales in the I -P Zone Code Amendment Dear Mr. Pagenstecher & Mr. Bewersdorff, I understand from the Planning Board Meeting yesterday that you will be drafting the appropriate verbiage for the zoning text to be forwarded to the City Counsel for approval. As such, I wanted to remind and clarify to all parties that we sale boats and boat trailers and while Commissioner /President Inman stated that she realized that boats needed to be licensed under the DMV requirements,,,, it is actually the boat trailers that need to be licensed under the DMV requirements. As a business that is required to license the boat trailers under the DMV codes, one of the requirements is to obtain certification that your business location meets the local zoning requirements. In order to meet this requirement it will be necessary for the City to complete the DMV form for "Location Approval" which is a "Certification of Local Zoning and Business Regulatory Compliance. ORS 822.005 requires a vehicle dealer license, ..... ". I have attached a copy of the form for your reference. It is imperative that the proposed zoning language for approval satisfies the City's requirements to the extent that they will sign and certify as to the local zoning and business regulations certification on the DMV form. Should you, staff or any commissioners have further questions, please feel free to contact me as listed below. Again, thank you for your time and review of our application during this process. Best regards A pril D� V Northwest Ski & Wake Sports, LLC 503.708.0600 april berg @comcast.net cc: Mr. Jack Hoffman Mr. & Mrs. John Duncan APPLIC� 'ON TO CORRECT DE_ ER / REBUILDER DMV= VEHICLE DEALER CERTIFICATE DEPARTMENT OF TRANSPORTATION DRIVER AND MOTOR VEHICLE SERVICES DEALER NUMBER 1835 UNA AVE NE. SALEL OREGON 97314 CUSTOMER NUMBER EFFECTIVE DATE EXPIRATION DATE CURRENT BUSINESS NAME INSTRUCTIONS: Use this form for a name change, address change, name and address change, add or remove an owner, partner, LLC member or corporate officer, and change type of organization (like LLC to corporation, partner to corporation). Complete both sides of this form and submit it to DMV Business License Unit, 1905 Lana Ave NE, Salem Oregon 97314. NOTE: If the dealership has been sold, the new owner(s) must obtain their own vehicle dealer certificate using Form 370 Packet since a vehicle dealer certificate is not transferable. • The fee for a corrected certificate to change your business name, VALIDATION USE ONLY location, organization structure or to add/remove owners is $30. • The fee for a corrected certificate to change your business name AND location is $60. • Each new owner must complete and sign Lines 12 -16 or 17 -21. • Each owner being removed must sign Line 22 or 23. • One owner must sign Line 24. • Provide copy of photo ID if changing residence address. • Your dealer number and expiration date will stay the same. Check the reason you are applying for a correction milk Name Change ($30) II Address Change ($30) ['Add. / Removing Owners ($30) 1 Lj Name & Address Change ($60) 0 Org. / Structure Change ($30) NAME CHANGE NEW BUSINESS NAME (II assumed business name, fill in Registry Number.) OREGON REGISTRY NUMBER BUSINESS TELEPHONE 2 ( ) Any alteration of Line 3 voids location approval. ADDRESS CHANGE NEW LOCATION WHERE BUSINESS WILL BE CONDUCTED (STREET ADDRESS) ❑ RESIDENCE ❑ PREVIOUS SUPPLEMENTAL BUSINESS TELEPHONE 3 ( ) CITY ZIP CODE COUNTY 4 RESIDENCE ADDRESS CITY ZIP CODE 5 MAILING ADDRESS CITY ZIP CODE 6 PREVIOUS LOCATION CITY ZIP CODE 7 LOCATION APPROVAL - Required only if dealer is changing business location Certification of Local Zoning and Business Regulatory Compliance. ORS 822.005 requires a vehicle dealer license, unless exempt under ORS 822.015, for any person who: • (a) Buys, sells, brokers, trades or exchanges vehicles either outright or by means of any conditional sale, bailment, lease, security interest, consignment or otherwise; OR (b) Displays a new or used vehicletrail for semitrailer; OR (c) Acts as any type of agent for the caner of a vehicle to sell the vehicle or acts as any type of agent for a person interested in buying a vehicle to buy a vehicle. THE CERTIFICATION BELOW IS TO BE OMPLETED BY THE LOCAL ZONING OFFICIAL. Your approval below should be based upon whether the applicant can do ANY of the activities listed in (a) throug (c) above under your ordinances, at the location of the business given on Line 3. Pursuant to ORS 822.025(6)(b)(A)(B), applicant meets requirements below. As the zoning official for the locality in which this business is located, I verify by my signature below that the location of this business as stated on this application, complies with any land use ordinances an business regulatory ordinances of the city or county, as appropriate pursuant to ORS822.025.6(a) 8 CITY OF: [ 1 COUNTY OF: TELEPHONE NUMBER ( ) 0 n PRINT NAME TITLE 1 0 SIGNATURE DATE X V Macs stamp or sod hors V t .. - OIL-Z._ }- , � :) .� • `, i ii i : .. :: J : l `; _ :a tr UEA\ ' Vf Ea. , C 1 .--e- 4 " . ‘ - f EMMEN STK# 300205 600 NO1. CAST GRAND AVENUE 1 PORTLAND, OREGON 97232 2736 ATTACHMENTS TEL 503 797 1700 1 FAX 503 797 1797 0 1 111 . 1 111 .,::.;, Mr. Gary Pagenstecher METRO RECEIVED PLANNING Associate Planner City of Tigard FEB 0 4 .2009 13125 SW Hall Boulevard Tigard, OR 97223 CITY OF TIGARD Dear Mr. Pagenstecher: Metro received a copy of Tigard Development Code Amendment (DCA) 2008 - 00004, Motor Vehicle Sales in the I -P Zone for review and comment. I reviewed this proposed amendment for compliance with the Metro Urban Growth Management Functional Plan (Functional Plan), specifically Title 4: Industrial and other Employment Areas. Please note my review was completed, not in the context of a specific development application, but rather on the merits of the code amendment itself as it relates to Title 4. Title 4 is intended to protect the supply of sites for employment by limiting the types and scale of non- industrial uses in Title 4 designated Regionally Significant Industrial Areas (RSIAs), Industrial and Employment areas. Each of the three Title 4 designated land categories has specific regulatory measures to limit commercial retail uses and /or professional services, so they primarily serve the needs of the workers in the area. Title 4 also limits a local jurisdiction's ability to amend their land use regulations to authorize the retail and professional services mentioned above in areas designated as RSIA, Industrial or Employment lands. Proposed Development Code Amendment 2008 -00004 would allow Motor Vehicle Sales in the Industrial Park zone. Chapter 18.530 of the Tigard Development Code contains Table 18.530.1, a use table for the three industrial zones in Tigard; Industrial Park (I -P), Light Industrial (l -L) and Heavy Industrial (1 -H). The Commercial use category in the table separates general retail uses from motor vehicle related uses, including sales. General retail uses, including sales oriented and personal services uses, are restricted in the 1 -P zone and not permitted in the I -L and I -H zones. Motor vehicle sales are allowed in the I -L and I -H zones. I interpreted the existing city code's separation of these two use categories to mean that the motor vehicle sales use as defined by the city is not the same as the retail use or professional services use that is regulated by Title 4. Therefore, I determined that allowing motor vehicle sales in the I - zone is not in conflict with Metro Code Section 3.07.430(A) of Title 4. Additionally, since the motor vehicle sales use is currently allowed in the 1 -L and 1 -H zones, which the City preserves for more intensive industrial uses, the City's authorization of this use in the I -P zone is not in conflict with Title 4 (3.07.430(c)) as it is already allowed in Title 4 regulated zones. In reviewing local jurisdiction plan amendments, it is Metro's policy to submit a letter into the record if staff determines there is a conflict with a requirement of the Functional Plan. If Metro remains silent on the proposal, it may be interpreted that a conflict was not identified in Metro's review. If you have any questions, please feel free to contact me at 503- 797 -1840. Sincerely, Tim O'Brien, AICP Principal Regional Planner c: Jack Hoffman, Dunn Carney Allen Higgins & Tongue LLP Rcryrled Raper www.metro- region. org TDD 797 1804 Legislative Hearing GC�ti e� �- Statement by City Attorney Any person may offer relevant oral and /or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will identify applicable standards in the staff report at the beginning of the hearing. Members of the City Council will be asked whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision would result in financial benefit to the Council member or family member. In cases of actual conflict, the Council member will not participate. After the discussion of conflicts, any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges, City staff will summarize the written staff report and explain the proposed amendments. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimonyis taken, the City staff can make a closing statement. After the record is closed, the City Council will deliberate. During deliberations, the City Council may re- . open the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are available'at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available at City Hall. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that Council understands and can address the issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, please spell your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder. These exhibits will be marked as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. 50014 -36799 Cur Afro; ner Legislative Script (2).docAMSOffice/1 /30/2009 , AGENDA ITEM No. 6 Date: February 10, 2008 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing - Motor Vehicle Use Code Amendment DCA 2008 -00004 - to Allow "Motor Vehicle Sales /Rental" in the I - Zone as a Restricted Use 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 aviilable 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 I /Adm/Cathy /CCSignup /Leg. PH Motor Vehicle Use Code Amendment AGENDA ITEM No. 6 February 10, 2009 PLEASE PRINT 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. Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. tjj IAA p a Dj2 7 2O'L1 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. P ee: 3 ` F41/1 � o 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. Agenda Item # 7 Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Conduct a Public Hearing and Consider Resolutions Authorizing the Sale of the Water Building Remnant Parcel and Canterbury Surplus Property Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: CA ISSUE BEFORE THE COUNCIL There are three issues before the Council, to: • Conduct a public hearing to determine if it is in the public interest to sell the Water Building remnant parcel and the Canterbury surplus property. • Consider a resolution authorizing the sale of the Water Building remnant parcel and specifying minimum acceptable terms of the sale. • Consider a resolution authorizing the sale of the Canterbury surplus property and specifying minimum acceptable terms of the sale. STAFF RECOMMENDATION Staff recommends the Council conduct the public hearing and adopt the resolutions. KEY FACTS AND INFORMATION SUMMARY • The Water Building remnant parcel and the Canterbury surplus property are jointly owned by the City of Tigard, the City of King City, the City of Durham and the Tigard Water District. These entities are represented by the Intergovernmental Water Board. • • On December 10, 2008 the Intergovernmental Water Board adopted two resolutions which: - Recommended the City of Tigard carry out the sale of the properties. - Outlined the conditions regarding the disposition of the properties. • In accordance with the provisions of the Tigard Municipal Code, the next step in the property sale process is to conduct a public hearing to determine if the sale is in the public interest. • If the Council determines the sale is in the public interest, the Council will be asked to adopt the attached resolutions authorizing the sale and specifying the minimum acceptable terms of the sale. • The City of Tigard is interested in purchasing these properties; a park is planned for the Canterbury surplus property and the remnant parcel is needed for the Burnham Street improvement project. • Assuming the Council adopts the resolutions, this agenda item will be followed by an agenda item authorizing the City's purchase of the properties. OTHER ALTERNATIVES CONSIDERED The Council could decide the sale of the properties is not in the public interest and could direct staff on how to proceed. • CITY COUNCIL GOALS Goal Two — Implement Downtown Urban Renewal a. Move forward with Burnham Street Project ATTACHMENT LIST Resolution Authorizing the City of Tigard to Sell the Water Building Remnant Parcel Resolution Authorizing the City of Tigard to Sell the Canterbury Surplus Property FISCAL NOTES There is no financial impact associated with the adoption of these resolutions. • AGENDA ITEM NO. 7 Date: February 10, 2009 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: SALE OF WATER BUILDING REMNANT PARCEL AND CANTERBURY SURPLUS PROPERTY Due to Time Constraints City Council May Impose A Time Limit on Testimony is \adm \cathy \city council \ccsignup \ph testimony- 090210.doc AGENDA ITEM NO. 7 Date: February 10, 2009 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral 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. • Name, Address &Phone No. Naine, 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. Agenda Item # (1 Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Consider Resolutions Authorizing the Purchase of the Water Building Remnant Parcel and Canterbury Surplus Property d Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Council: • Adopt a resolution authorizing the purchase of the Water Building remnant parcel. • Adopt a resolution authorizing the purchase of the Canterbury surplus property. STAFF RECOMMENDATION Staff recommends the Council adopt the resolutions. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard is interested in purchasing the Canterbury surplus property and the Water Building remnant parcel. A park is planned for the Canterbury property and the remnant parcel is needed for the Burnham Street improvement project. • In accordance with the provisions of the Tigard Municipal Code, the City Council must authorize the City's bids to purchase the properties. The bids must conform to the minimum acceptable terms for each property, including the stipulation that the City offer at least the appraised value of $50,000 for the remnant parcel and $605,000 for the Canterbury property. • The City has a right of first refusal on each of the properties. This gives the City the option of increasing its offer, should its initial bid not be the highest offer received. OTHER ALTERNATIVES CONSIDERED The Council could decide not to submit bids and could direct staff on how to proceed regarding the acquisition of these properties. CITY COUNCIL GOALS Goal Two — Implement Downtown Urban Renewal a. Move forward with Burnham Street Project • ATTACHMENT LIST Resolution Authorizing the City of Tigard to Purchase the Water Building Remnant Parcel Resolution Authorizing the City of Tigard to Purchase the Canterbury Surplus Property FISCAL NOTES Water Building Remnant Parcel The City's proposed bid for this property is $50,000. This is the appraised value and minimum acceptable offer as specified in the terms of the sale. The all cash payment would come from the FY '08 -'09 Traffic Impact Fee Fund. There is currently $1.3 million in this fund for right -of -way acquisition. Canterbury Surplus Property The City's proposed bid for this property is $605,000. This is the appraised value and minimum acceptable offer as specified in the terms of the sale. Payment for the property would be made in five annual installments from FY '08- '09 to FY '12 -13. Interest will be based on the Local Government Investment Pool (LGIP) rate and will be calculated annually on the remaining balance. Sixty percent of the purchase will be funded through the General Fund, with the remaining forty percent coming from the Park System Development Charge (SDC) Fund. This year's payment was anticipated and was included in the FY '08 -'09 budget. Along with annual payments, $50,000 has been budgeted for park design and preconstruction in FY '08 -'09, and an additional $280,000 is proposed in future budgets to construct the park. 3.44.015 Disposal Of Standard Undeveloped Property And Developed Property. A. Whenever a particular parcel or parcels is proposed for sale by the City or a purchase inquiry is made and the property is classified as standard undeveloped property or developed property, the matter shall be set for a hearing before the Council. B. Notice of said hearing shall be published once in a newspaper of general circulation in the City at least five (5) days prior to the hearing and shall describe the property proposed for sale. C. Prior to the sale of a parcel under this section, an appraisal of the property shall be conducted. At the discretion of the Council, such an appraisal may be ordered prior to or after the hearing. The appraisal may be made available to the public at the hearing at the discretion of the Council. D Public testimony sha 1 be so ited at;the phearmg to determmeif a offany, p`a` reel t141)iibhc Ys ink � hi �� E� , � Aftei•tlie�hea g,�theCouncil�shall rmine „�whether�rt�w�ll�offer the pr p r�ty for sale and w hat the minimum accepta01gterms shall he F. If an offer to sell is authorized by the Council, a notice soliciting sealed bids shall be published at least once in a newspaper of general circulation in the City be made a least two weeks prior to the bid deadline date. The notice shall describe the property to be sold, the minimum acceptable terms of sale, the person designated to receive bids, the last date bids will be received, and the date, time and place that bids will be opened. G. If one or more bids are received at or above the minimum acceptable terms, the highest bid shall be accepted and the City Manager or designee shall complete the sale. H. If no acceptable bids are received on a particular parcel: (1) the Council may alter or keep the same minimum terms as established under subsection E of this section and direct staff to hold another sale, or (2) the Council may alter or keep the same minimum terms established under subsection E of this section and list the property for six months with a local real estate broker on a multiple listing basis. Brokers shall be selected in accordance with the criteria found at Section 3.44.025 of this chapter. A listing may be renewed for an additional one six -month period. I. After expiration of the period set out in subsection H of this section, the property shall be removed from the market. Any decision to sell a piece of property once it has been removed from the market shall require that the entire procedure set forth in this chapter be repeated. The Council may, however, decide whether or not an additional appraisal is necessary. (Ord. 03 -08, Ord. 94 -06; Ord. 87 -48 §3, 1987). I: \Citywide \Council Packets \Packet '09\090210\Sale of Surplus Property - Procedures TMC 3.44.015.docx Agenda Item # Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: B ows Roa Bridge Repair Status Update Prepared By: A. P. Due Dept Head Okay S4 9., City Mgr Okay ISSUE BEFORE THE COUNCIL Council input and direction is requested on the latest proposal from Washington County staff to replace the existing Barrows Road Bridge with an interim structure expected to have a 15 -year life span at a cost of approximately $205,000. STAFF RECOMMENDATION That Council discuss the County proposal and direct staff to pursue that option with Washington County and the City of Beaverton. KEY FACTS AND INFORMATION SUMMARY • At the Council meeting on December 16, 2008, Washington County staff described the problems with the existing Barrows Road Bridge and explained the concept proposed to keep Barrows Road open to traffic. That concept would eliminate the use of the existing abutments and piles to support the vertical loads, but used the existing piles for lateral stability. The proposed work estimated at $150,000 was expected to have a life span of 5 years. Council asked County staff to explore bridge repair options that would extend the anticipated life span of the structure to at least 10 years or more. Washington County staff has since responded proposing the use of sheet piling to provide that lateral stability, which would extend the life span of the structure to 15 years or better at an additional cost of $55,000. This would increase the total project cost to $205,000, split three ways with each jurisdiction (Tigard, Beaverton and Washington County) contributing about $69,000, instead of the originally agreed upon $50,000. • The proposed option looks promising and meets the desire of Council to keep the street open as long as possible while the ultimate plan to realign Barrows to intersect with Davies Street is pursued. Council input and direction on the proposal will be requested at this meeting. If Council agrees with the concept and additional cost, City staff will pursue that solution with Washington County and the City of Beaverton. • City staff will work out the details with Washington County and Beaverton to confirm that the proposal will achieve the much longer life span at an overall price tag of $205,000, split three ways. Once the details are finalized and agreed upon, an IGA (Intergovernmental Agreement) to formalize the arrangement among the three jurisdictions will be prepared for review and eventual Council approval. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST None FISCAL NOTES The original estimate for the Barrows Road Bridge repair was $150,000. The updated proposal to use sheet piles instead of the existing piles for lateral stability is expected to cost $205,000. The agreement among Washington County, the City of Beaverton, and the City of Tigard is that the original cost would be split three ways with each jurisdiction contributing $50,000. The cost to include the sheet piling raises the cost to about $69,000 for each jurisdiction. The additional amount appears reasonable given the extended life span of the replacement structure. If City Council agrees to the updated proposal, City staff will pursue implementation of that option with Washington County and the City of Beaverton. An IGA will be prepared for Council review and approval once the details on the updated proposal are confirmed and finalized. I: \ENG \GUS \COUNCIL AGENDA SUMMARIES \2009 \02 -10-09 BARROWS ROAD BRIDGE REPAIR STATUS UPDATE AIS.DOC l z 1 o t-06 w z Hco 0 7" A/C WEARING SURFACE 2" X 14" NAIL LAMINATED DECK Lu w cO z z co z w aazwZ w oai-O2 III — I 1 >=1 �l — I I — I I — n I� H11.7_ %)‘41.1 111 111= 111- 111- 111 -11 I 1 = 1 =1 11 =1 I I -1 :k.2 111 =1 I I —I I -I I a 11- ` —I 11- 111 -11 Z Q "' "'� 111 = 111 =111 I1= 1I1 =1I I I III — III — - III — III v 4 111 = 111 7111 11 = ti�, II II= sdM 10 "X10" CAP Z U X z W QdQ a ' m N i i. 4 "X12" BULKHEAD o 2 N 18" DIA. 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NEW BRIDGE ° o 0 CL U '�- 26' 47 8 "X8" TIMBER 10 3/4" X 52" X 27' w GLULAM BEAMS Ur li 0 _ ` =o _ t Ih ' .., n, ‘, .... , ,.., ,,,. . , _., t � 's� 5 , Z . • . ' . 5 LAG BOLTS CONNECTING 20' z GLULAMS TO FOOTING) 30 ) EACH SIDE I i °¢' 1 FOUNDATION PLAN VIEW SOIL ANCHOR FOUNDATION PROFILE _ 0 (AN SHEETPILE - 8 PAIR OF PZC -18 SHEETPILE " =N ?N 20' LONG EACH SIDE Agenda Item # I v Meeting Date February 10, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Stimulus Package - Updates on City's Requests for Project Funding (Federal & State) Pre pBy: L. Mills Head Approval: / v � City Mgr Approval: �� /' l �� Y C ISSUE BEFORE THE COUNCIL Receive an update on City's current efforts to obtain state and federal stimulus package funding. STAFF RECOMMENDATION Receive update KEY FACTS AND INFORMATION SUMMARY LEGISLATION UPDATE: Federal and State governments are in the process of enacting economic stimulus packages. Following is a brief overview of the current legislative action: • The State of Oregon stimulus package has been signed by the Governor. This bill provides stimulus funding for only State projects. • The US House passed their stimulus package on 1/28/09 and the Senate is currently developing their package which is scheduled for consideration within the next two weeks. TIGARD'S EFFORTS TO OBTAIN STIMULUS FUNDING FOR LOCAL PROJECTS: It is a challenge to keep up with the daily changing requirements of legislation as the City presents local projects as strong candidates for stimulus funding! The Mayor and City staff are meeting regularly with regional and national partners to best showcase Tigard's needs for funding. Efforts began in December to present Tigard projects at the regional level. See attached: A. Tigard projects which could be shovel ready (120 days to 18 months) B. Potential projects (including some regional projects which will impact Tigard) which require longer term work to be ready for funding opportunities Many lawmakers and agencies are requesting formal filings or application submittals for project funding. Most recently, we received requests from Senators Wyden and Merkley to provide them project detail information. At times staff has had only a couple of days to submit after receiving notice of a filing deadline. Staff has filed the following projects in a more formal manner (See Attachment C for project details). • Burnham Street - Main to Hall • Walnut Street - Tiedeman to 116`" • 99W - Intersection with Greenburg /Main • Citywide "small fix" congestion solutions • Citywide pavement preservation - Durham, 72', Bonita, McDonald, Pfaff le & Sequoia Parkway • 10 million gallon water storage tank and transfer pump - Bull Mtn. Road just south of Alberta Rider School • Aquifer storage & recovery (ASR) #3 well - Bull Mtn. Road @ Alberta Rider School Council will receive ongoing periodic updates on the status of Tigard projects and stimulus funding opportunities. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment A - Tigard's Stimulus Package Projects - 120 days to 18 months (shovel ready) Attachment B - Tigard's Stimulus Package - Potential Capital Projects (local and regional) Attachment C - Stimulus Package Tigard Filings - updated through 2/4/09 FISCAL NOTES There is no accurate information at this time about the amount of funding which may be available for Oregon or Tigard projects. • Attachment A Tigard's Stimulus Package Projects - 120 days to 18 months As of 12/18/09 Project listing filed with LOC, METRO and Washington County in mid December, 2008 The Following Projects Could Be Ready to Go to Contract Within 120 Days Could be Under Location From To Description Comments Cost Contract in Roadway Projects Citywide Pavement This would allow the city to pave roads to catch up with the Preservation Pavement overlays, slurry seals, and some street reconstruction backlog from years of deferred paving projects $ 7,000,000 90 Days Current section is two-lanes only - no sidewalks, bike lanes, Add sidewalks, bike lanes, planter strips, street trees, transit stop amenities, turn lanes, or vegetative buffer through a busy school zone. Walnut Street Tiedeman Ave 116th Ave center turn pockets, rehabilitate pavement, and drainage work Design is complete and Right -of-Way has been acquired. $ 5,000,000 120 Days This project is a key element of the Tigard Downtown Existing old road in poor condition; reconstruct as multimodal green street Improvement Plan, and is anticipated to be a catalyst for with sidewalks, bike lanes, planter strips, and drainage treatment; would private development in downtown Tigard. Design is nearing Burnham Street Main St Hall Blvd become a major street in downtown revitalization plan completion and Right -of -Way is being acquired. $ 7,000,000 120 Days Water Projects • Project consists of building a new pump station, abandoning the existing old pump station, seismic retrofit the existing 10 million gallon 10 Million Gallon terminal reservoir, half street improvements along Bull Mountain Road, installing backup power generation for the site, structurally retrofit Reservoir Site Upgrades the existing reservoir for future solar power and rebuilding of 125 Street. $ 6,000,000 120 Days In 2008 and in concert with the construction of the new 3.0 million gallon reservoir, a 1000 -ft deep aquifer storage and recovery (ASR) wel was drilled. This well has shown the capacity to store 120 million gallons of drinking water during the rainy winter months to later be extracted during summer months (periods of high water demand). This project would involve the construction of well head improvements. Well head improvements consist of a pump with pump house an on -site chlorination system, de- chlorination system, associated control Aquifer Storage and valves and piping, and automatic control telemetry. In order for the proposed pump house to blend with the surrounding park, it will be Recovery Well #3 constructed as an old local historic cabin. $ 3,000,000 120 Days Sidewalk Projects Fill some of the many gaps in the City's sidewalk system; candidate streets include 79th, 92nd, 95th, 97th, 98th, Commercial, Garrett, North Dakota, Tiedeman, and Tigard Streets; would include new North Dakota pedestrian Filling the Sidewalk bridge over Fanno Creek and work at the Tiedeman Ave Fanno Creek Trail Projects could be quickly designed within existing Right -of- Gaps crossing Way. $ 2,000,000 120 Days Transit- Corridor Projects Light Rail Southwest Alternatives Analysis, Feasibility study, Environmental Impact Study, The next stage in a key project to address a major City and Corridor and/or Preliminary Design Regional need. $ 10,000,000 120 Days Parks Projects New trails, boardwalks, bridges, habitat restoration and interpretive centers This park is a key project under the Downtown revitalization Lower Fanno Creek for a 24.5 acre park on the edge of Downtown Tigard. Could be divided program, and part of a master plan adopted by City Council in Park Phase 1 into sub- phases February 2008. $ 950,000 120 Days Total Potential Projects up to 120 days $ 40,950,000 _ mm /I:1Risk \Stimulus Packages 20091Stimulus Projects 120 days 12- 18- 08.xlsx Page 1 of 2 • Attachment A Tigard's Stimulus Package Projects - 120 days to 18 months As of 12/18/09 The Following Projects Would Be An Excellent Use of Stimulus Funds, But Would Take A Bit Longer To Complete Design and Permitting and Acquire Right -of -Way Couldbe Under Location From To Description Comments Cost Contract in Roadway Projects • This project would fix the worst bottleneck and third highest accident location in Tigard. It is planned for funding with bonds backed by a city gas tax. Other funding could allow this Add one travel lane on Hwy 99W through the intersection, turn lanes on project to be constructed quickly without incurring debt. I- Iighway 99W Greenburg Rd Main St the Greenburg and Main approaches, add bike lanes, and widen sidewalks Design is 70% complete $ 6,000,000 6 to 9 Months Current all- way -stop does not have enough capacity to handle Construct a Traffic Signal to improve traffic flow and safety at this traffic flow. This project could be quickly designed within Walnut Street 135th Ave intersection; Add a westbound right turn lane existing Right -of -Way $ 600,000 6 to 9 Months Current two- way -stop does not have enough capacity to handle traffic flow; Safety issues with drivers pulling out into too - Construct a Traffic Signal to improve traffic flow and safety at this small gaps; Part of Tigard Downtown Improvement Plan. Main Street Tigard Street intersection Existing Right -of -Way _ $ 400,000 6 to 9 Months Add one travel lane on Hwy 99W through the intersection, turn lanes McDonald (including dual left) on the Gaarde and McDonald approaches, add bike This location had the most accidents in Tigard between 1/1/05 Highway 99W Gaarde Street Street lanes, open north side crosswalk, and widen sidewalks and 9/30/07 $ 6,000,000 12 to 18 Months Parks Projects New trails, boardwalks, bridges, habitat restoration and interpretive centers This park is a key project under the Downtown revitalization Lower Fanno Creek for a 24.5 acre park on the edge of Downtown Tigard. Could be divided program, and part of a master plan adopted by City Council in Park Phase 2 into sub - phases February 2008. $ 900,000 6 to 9 Months Schaltz House Renovation and Renovation of existing historic residence and landscaping of property for use Landscape as a public park and meeting /event space $ 500,000 6 to 9 Months Total Potential Projects over 120 days $ 14,400,000 mm /I:1Risk \Stimulus Packages 20091Stimulus Projects 120 days 12-18-08.xlsx Page 2 of 2 • Attachment B Tigard 's Stimulus Package — Potential Capital Projects As of 1/13/09 This is intended to be a full list for discussion purposes of all suggested and /or reasonably feasible projects. Inclusion of a project on this list does not necessarily imply that the project would be constructed, or even that the City would want it constructed. Street / ROW Acquisition Location From To Description Comments Cost Project Status Status Preservation Projects Citywide Pavement This would allow the city to pave roads to catch up with the Specific work identified; could begin Preservation Pavement overlays, slurry seals, and some street reconstruction backlog from years of deferred paving projects S 7,000,000 construction in 3 months None Needed Sidewalk Projects Fill some of the many gaps in the City's sidewalk system; candidate streets include 79th, 92nd, 95th, 97th, 98th, Commercial, Garrett, North Dakota, Sidewalk Gaps - Tiedeman, and Tigard Streets; would include new North Dakota ped bridge needs include over Fanno Creek and work at the Tiedeman Ave Fanno Creek Trail streets below crossing $ 3,000,000 Gaps identified None Needed North Dakota St Tiedeman Ave 121st Ave include Fanno Creek pedestrian bridge _ 79th Ave Durham Rd Bonita Rd Key neighborhood Route 92nd Ave Cook Park Durham Rd Connects to neighborhood, major city park, and high school 95th Ave Commercial St Shady Ln Key neighborhood route to major generators 97th Ave McDonald St Murdock St _Key neighborhood route and schools connection 98th Ave Greenburg Rd Commercial St Key neighborhood route Commercial St 98th Ave Main St Key ped route to downtown Tigard Garrett St Hwy 99W Ash Ave Rey neighborhood route Fanno Creek Trail Tiedeman Ave crossing Greenburg Rd Key collector; good connection to transit, school, and park Fanno Creek Trail Tiedeman Ave crossing Current crossing creates difficulty in following trail Tigard St 115th Ave Main St Important east -west connection Construct multi -use path and/or sidewalk in available right-of-way along Connects many shopping areas and residential areas, and - Hwy 99W Gaarde St Durham Rd Hwy 99W connects to King City town center $ 1,000,000 None Needed Transit Corridor Projects Light Tail t Southwest Corridor Feasibility study, Environmental Impact Study, and /or Preliminary Layout S 10,000,000 Roadway Projects This project would fix the worst bottleneck and third highest accident location in Tigard. Part of the project is slated for funding with the city gas tax. Other funding could allow this to be constructed quickly without incurring debt, and would ROW descriptions being Add one travel lane on Hwy 99W through the intersection, sum lanes on allow gas tax to be spent on other much - needed projects in the Preliminary engineering complete; finalized; could obtain in 9 Highway 99W Greenburg Rd Main St the Greenburg and Main approaches, add bike lanes, and widen sidewalks city. $ 6,000,000 final engineering in process months Existing old road in poor condition; reconstruct as multimodal green street Acquisition mostly with sidewalks, bike lanes, planter strips, and drainage treatment; would complete - will be finished Burnham St Main St Hall Blvd become a major street in downtown revitalization plan $ 9,000,000 in 3 months Add sidewalks, bike lanes, planter strips, street trees, transit stop amenities, Current section is two-lanes only - no sidewalks, bike lanes, Walnut St Tiedeman Ave 116th Ave center turn pockets, and drainage work turn lanes, or vegetative buffer through a busy school zone $ 5,000,000 Design Complete; only lacks funding None needed The current offset configuration limits capacity and causes Hall Blvd Hunziker St Scoffms St Reconfigure to a cross- intersection and add turn lanes safety issues $ 5,000,000 Add au :iliary travel lane on Hwy 99W through the intersection, turn lanes (including dual leh) on the Gaarde and McDonald approaches, add bike This location had the most accidents in Tigard between 1/1/05 Highway 99W Gaarde St McDonald St lanes, open north side crosswalk, and widen sidewalks and 9/30/07 $ 6,000,000 mmV:IRisk\Stimulus Packages 20091Stimulus Package Potential Projects list 01- 13- 09.xlsx Page 1 of 3 Attachment B Tigard 's Stimulus Package — Potential Capital Projects As of 1/13/09 Street / ROW Acquisition Location From To Description Comments Cost Project Status Status Roadway Projects Continued Add turn lanes on side street approaches to allow traffic signal left turn only ROW need would be Highway 99W 72nd Ave phasing Fourth lest accident location in Tigard 5 1,000,000 willing seller Add sidewalks, b'kr a lanes, planter strips, street trees, transit stop amenities, Would a needed sidewalks, turn lanes, and bike lanes on this Walnut St Hwy 99W Tiedeman Ave center turn pockets, and drainage work busy collector; would need ROW 5 10,000,000 Add sidewalks, bilre lanes, planter strips, street trees, center turn pockets, Would add needed sidewalks, turn lanes, and bike lanes on this 121st Ave Ann St Burlheigltts Dr and drainaw work busy collector 5 2,000,000 Add sidewalks, bike lanes, planter snips, street trees, center turn pockets, Would add needed sidewalks, turn lanes, and bike lanes on this 121st Ave Walnut St Gaarde St and drainage work busy collector 5 4,000,000 Current all- way -stop does not have enough capacity to handle Walnut St 135th Ave Add a traffic sippal and westbound right turn lane traffic flow 5 500,000 None Needed Reconstruct interchange; widen bridge and 72nd Ave to 4-lanes plus turn Capacity at this key interchange between an arterial and 72nd Ave Hwy 217 Interchange lanes in each direction; reconfigure Hunziker Street proach freeway is limited by the existing structures 5 25,000,000 72nd Ave Hwy 99W Dartmouth St Widen to five lanes with sidewalks, bike lanes, and planter strips 5 12,000,000 72nd Ave Dartmouth St Hwy 217 Widen to five lanes with sidewalks, bike lanes, and planter strips 5 13,000,000 135th Ave Scholls Ferry Rd Walnut St Add center islands and curvature to make street less attractive for speeding $ 500,000 Add sidewalks, bite lanes, planter strips, street trees, center turn pockets, Would add needed sidewalks, turn lanes, and bike lanes on this Pfaffle St 78th Ave Hall Blvd and drainage work bus collector 5 2,000,000 Traffic queues frequently block North Dakota St intersection Greenburg Rd Tiedeman Ave Add Eastbound left turn lane and Northbound through receiving lane and commuter real tracks $ 1,000,000 Add auxiliary/traveITanes through intersections; addrused planted median; This road carves more traffic volume than any road hke It m consolidate accesses; complete bike lanes; widen sidewalks; add planter Oregon, and also includes many high accident frequency Hwy 99W I -5 72nd Ave strips; transit stop enhancements locations $ 4,000,000 Current all- way -stop does not have enough capacity to handle Tiedeman Ave Tigard St Add a traffic signal and turn lanes traffic flow $ 600,000 Add auxiliary/travel lanes through intersections; add raised planted median; This road carries more traffic volume than any road like it in consolidate accesses; complete bike lanes; widen sidewalks; add planter Oregon, and also includes many high accident frequency Hwy 99W 72nd Ave Hwy 217 strips; transit stop enhancements locations 5 4,000,000 Reconstruct and widen viaduct to add room for bike lanes, sidewalks, and center safety divider on bridge and bike lanes and sidewalks on Tigard St Hwy 99W Greenburg Rd Main St and Commercial St under bridge 5 15,000,000 Add auvili ey /travel lanes through intersections; add raised planted median; consolidate accesses; widen sidewalks; add planter strips; transit stop Hwy 99W Main St Canterbury La enhancements High traffic volumes and high accident frequency locations 5 6,000,000 Durham Rd Add new arterial connection from Durham Road to Upper Boones Ferry Connector Durham Rd I -5 exit 291 Road at 1-5 exit 291 In current TSP $ 20,000,000 Durham Rd Upper Boones Ferry Hwy 99W Widen to five lanes with sidewalks, bike lanes, and planter strips 5 50,000,000 Bonita Rd 72nd Ave Hall Blvd Widen to five lanes with sidewalks, bike lanes, and planter strips $ 100000,000 Scholls Ferry Rd Hwy 217 121st Ave Widen to seven lanes $ 150,000,000 Widen to three lanes, with sidewalks, planter strips, and bike lanes on both Hall Blvd Locust St Durham Rd sides $ 50,000,000 Cnucal statewide and regional connection to and from Tigard; many of our capacity and livability problems are caused by Hwy 217 I -5 Hwy 26 Widen to three lanes each direction and reconstruct interchanges drivers avoiding congestion on Hwy 217 $ 500,000,000 Would alleviate congestion on Hwy 99W in Tigard and Construct new and/or enhanced roadways to provide a more direct route safety /livability issues caused by drivers avoiding congestion I.5/99W Connector I5 Hwy 99W for traffic from hwy 99W to I -5. on Hwy 99W _ $ 1,000,000,000 I -5 Columbia River Columbia River Crossing - new or expanded bridge - major northwest This national transportation issue affects Tigard residents and Crossing Oregon Washington transportation need businesses. Costs expected to be greater than this figure. $ 4,000,000,000 mmV:47isklSlimuIus Packages 20091Stimulus Package potential Projects fist 01- 13- 09.xlsx Page 2 of 3 Attachment B Tigard 's Stimulus Package — Potential Capital Projects As of 1/13/09 Street / ROW Acquisition Location From To Description Comments Cost Project Status Status Bridge Projects Replace bridge with new standard- widthbriidge (with bike lane and Road floods about once per year; no bike lanes; no ped Tigard Street Bridge over Fanno Creek sidewalks) above flood levels; raise roadway above flood levels walkwayy on main bridge $ 4,000,000 North Dakota Replace bridge with new standard -width bridge (with bike lanes and Road floods about once per two years; no bike lanes; no ped Street Bridge over Fanno Creek sidewalks) above flood levels; raise roadway above flood levels walkway f 5,000,000 Replace bridge will new standard -width bridge (with bike lanes and - Road floods about once per two years; narrow bike lanes; one Hall Blvd Bridge over Fanno Creek sidewalks) above flood levels; raise roadway above flood levels side ped walkway $ 5,000,000 Water Projects 10 Million Gallon Project consists of building a new pump station, abandoning the existing old pump station, seismic retrofit the existing 10 million gallon Currently in design and permitting. Reservoir Site terminal reservoir, half street improvements along Bull Mountain Road, installing backup power generation for the site, structurally retrofit Expected construction start date July Upgrades the existing reservoir for future solar power and rebuilding of 125 to Street. $ 6,000,000 2009 In 2008 and in concert with the construction of the new 3.0 million gallon reservoir, a 1000 -ft deep aquifer storage and recovery (ASR) well was drilled. This well has shown the capacity to store 120 million gallons of drinking water during the rainy winter months to later be extracted during summer months (periods of high water demand). This project would involve the construction of well head improvements. Well head improvements consist of a pump with pump house an on-site chlorination system, de- chlorination system, associated control Currently in preliminary design, Aquifer Storage and valves and piping, and automatic control telemetry. In order for the proposed pump house to blend with the surrounding park, it will be minor modification permitting Recovery Well #3 constructed as an old local historic cabin. $ 3,000,000 process Parks Projects Schaltz House - Renovation and Renovation of existing old house and landscaping of property for use as a Landscape park f 500,000 Could construct in spring 2009 Construction ofa new park and trails on eustntg city property in Lower Fanno downtown Tigard improvement area; one step of the Downtown Tigard Creek Park Master plan $ 800,000 Could construct in summer 2009 _ Trail Projects Metro is acquiring the two Concept plan completed, land properties needed to Install ped. bridge and 1,100 lineal feet of 10' -wide trail to dose key gap in acquisition in progress, Permits complete continuous Fanno Creek Trail - Woodard Park /Grant Ave Fanno Creek regional trail Project will in -fill key gap in regional trail needed ROW Acquisition of one Preliminary Engineering completed, property underway, all Fanno Creek Trail - Ball/Main trail segment Install 1,200 lineal feet of 10' -wide Fanno Creek Trail Preliminary Engineering completed, SLP needed SLP needed other under city control ROW is Metro-owned and Install ped bridge over Fanno Creek and 1,600 lineal feet of 10' wide, multi- Trail segment would provide access to Bonita Park and City No design or permitting completed City- managed Greenspace Fanno Creek Trail - Brown McDonald /Bonita Park Trail use trail Library as yet property Design and construct a multi -rue trail and related park facilities along the powerline that runs from Beaverton, through Tigard, and south into Powerline Trail Barrows Road South City Limits unincorporated Washington County Would be designed and constructed in phases $ 10,000,000 Facilities Projects New Public Works Acquire property, design, and construct new building(s) and equipment Would need to acquire Building and Yard storage to house our Public Works Department in one place $ 16,000,000 property Remodel Existing Public Works Building for use as Police Department Police Department headquarters $ 12,000,000 Total Potential Projects $ 6,084,900,000 mmll iRisklStimulus Packages 20091Stimulus Package Potential Projects List 01 - 13 - 09.xlsx Page 3 of 3 Attachment C STIMULUS PACKAGE As of 2/4/09 TIGARD FILINGS Filed Date Dept System Project Project Description Cost With Filed Lead Existing old road in poor condition; reconstruct and widen as multimodal green street with sidewalks, bike lanes, planter strips, and drainage treatment; would become a major street in downtown Streets Burnham /Main to Hall revitalization plan. $ 8,960,000 ODOT 01/30/09 CD /Eng Reconstruct and widen roadway to 3 lanes; Add sidewalks, bike lanes, planter strips, street trees, transit stop amenities, center turn Streets Walnut /Tiedeman to 116th pockets, rehabilitate pavement, and drainage work. $ 5,100,000 ODOT 01/30/09 CD /Eng Add one travel lane on Hwy 99W through the intersection, turn lanes on the Greenburg and Main approaches, add bike lanes, and Streets 99W a Greenbur & Main widen sidewalks. $ 5,800,000 ODOT 01/30/09 CD /Eng Small-dollar site - specific adjustments and minor construction projects that would improve traffic flow and safety. Flashing yellow arrow signals, signal phasing changes, striping changes and small -scale geometric adjustments that would improve traffic flow Streets Citywide "small fix" congestion solutions & safety. $ 290,000 ODOT 01/30/09 CD /Eng Pavement overlays, slurry seals and some street reconstruction. This would allow the City to have roads to catch -up with the Streets Citywide Pavement Preservation backlog from years of deferred paving projects. $ 2,510,000 ODOT 01/30/09 CD /Eng > Durham (72nd to Hall) $650,000 > 72nd (Upper Boones Ferry to Beveland) $900,000 > Bonita (1 -5 bridge to R/R) $240,000 > McDonald (97th to 99W) $270,000 > Pfaffle (Hall to 78th) $210,000 > Sequoia Pkwy (Cardinal to Upper Boones Ferry) $240,000 Project consists of building a new pump station, abandoning the existing old pump station, seismic retrofit of the existing 10 million gallon terminal reservoir, half street improvements along Bull Mountain Road, installing backup power generation for the site, structurally retrofit the existing reservoir for future solar power Water 10 Mil Storage Tank & Transfer Pump and rebuilding of 125th Street. $ 5,800,000 OECDD 02/02/09 PW Loreen \L \Risk \Stimulus Packages 2009 \Stimulus Project Filing History.xlsx Page 1 of 2 Attachment C STIMULUS PACKAGE As of2/4/09 TIGARD FILINGS Filed Date Dept System Project Project Description - Cost With Filed Lead In 2008 and in concert with the construction of the new 3.0 million gallon reservoir, a 1000 foot deep aquifer storage and recovery (ASR) well was drilled. This well has shown the capacity to store 120 million gallons of drinking water during the rainy winter months to later be extracted during summer months (period of high water demand). This project would involve the construction of well head improvements. Well head improvements consist of a pump with pump house an on -site chlorination system, de- chlorination system, associated control valves and piping, and automatic control telemetry. In order for the proposed pump house to blend with the surrounding park, it will be constructed as Water ASR 3 an old local historic cabin. $ 2,800,000 OECDD 02/02/09 PW Total Funding Requests Filed $ 31,260,000 Loreen \I: \Risk \Stimulus Packages 2009 \Stimulus Project Filing History.xlsx Page 2 of 2 i COMMUNITY NEWSPAPEKS 6605 SE Lake Road, Portland, OR 97222 • PO Box 370 • Beaverton, OR 07075 Phone: 503-684-0360 Fax: 503-620-3433 ' PUBLIC HEARING ITEM: Email: lagals @commaewspapers.com TIGARD AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council I, Charlotte Allsop, being the first duly sworn, on Tuesday February 10. 2009 at 7:30 PM at the Tigard Civic depose and say that I am the Accounting Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Manager of The Times (serving Tigard, Tualatin & Sherwood), a newspaper of Public oral or written testimony is invited. The public hearing general circulation, published at Beaverton, on this matter will be held under Title 18 and rules of procedure in the aforesaid county and state, as defined adopted by the Council and available at City Hall or the rules of by ORS 193.010 and 193.020, that procedure set forth in Section 18.390.060E. Further information may be obtained from the City of Tigard City of Tigard Planning Division (Staff contact: Gary Pagenstecher) at 13125 Notice of Public Hearing SW Hall Blvd., Tigard, Oregon 97223, by calling 503- 639 -4171_ TT11239 or by e-mail to garyp @tigard - or.gov. A copy of which is hereto annexed, was DEVELOPMENT CODE AMENDMENT published in the entire issue of said (DCA) 2008 - 00004 newspaper for - MOTOR VEHICLE SALES 1 IN THE I -P ZONE CODE AMENDMENT - Successive and consecutive weeks in the following issues INQUEST: A Development Code Amendment to amend January 22, 2009 the text of Table 18.530.1 of the City of Tigard Community nf Development Code to allow "motor vehicle sales /rental" in I ��r I �* CLLCAP the I -P zone as a Restricted (R) use, currently Not Perniitted Y 1 (N), provided (a) such operation takes place wholly within an Charlotte Allsop (Accounting Manag r) enclosed building and (b) does not exceed 20% of the floor Subscribed and sworn to before me this area of the given development complex. LOCATION: Land January 22, 2009 zoned Industrial Park (I -P). COMPREHENSIVE PLAN y DESIGNATION: Industrial Park. ZONE: I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing, office and small - � scale commercial uses, e.g., restaurants, personal services NOTARY PUBLIC FOR O ON and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odor, My commission expires ° vibration, are permitted in the I -P zone. In addition to mandatory Acct #10093001 site development review, design and development standards in the I -P zone have been adopted to insure that developments Attn: Patty Lunsford will be well - integrated, attractively landscaped, and City of Tigard pedestrian- friendly. APPLICABLE REVIEW CRITERIA: 13125 SW Hall Blvd Community Development Code Chapters 18.130, 18.380, Tigard, OR 97223 18.390 and 18.530; Comprehensive Plan Goals 1.1 and 9.1; Metro Urban Growth Management Functional Plan Sections Size: 2 x 8 3.07.110 and 3.07.410; and Statewide Planning Goals 1, 2 and 9 Amount Due $149.60* •Please remit to address above. Publish 1/22/2009. TT11239 • , COMMUNIT SPAPER B605 SE Lake Road, Portland, OR 91222 • PO Box 22109 'Portland, OR 91269.2109 1111 mi 111 Phone: 503 -684 -0360 Fax: 503 -620 -3433 on Email: legaladverlising @commnewspapers.com AFFIDAVIT OF PUBLICATION TIGARD PUBLIC HEARING ITEM: State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council on Tuesday, February 10, 2009 at the City of Tigard Town I, Charlotte Alisop, being the first duly sworn, Hall, 13125 SW Hall Blvd., Tigard, Oregon. depose and say that I am the Accounting Manager of The Times (serving Tigard, Public oral or written testimony from residents of Tigard, King Tualatin & Sherwood), a newspaper of City, Durham, and the Tigard Water District is invited. The public hearing on this matter will be held under Title 3 of the general circulation, published at Beaverton, in Tigard Municipal Code and rules of procedure adopted by the aforesaid county and state, as defined by the Council and available at City Hall including the rules of ORS 193.010 and 193.020, that procedure set forth in Section 3.44. Sale of Surplus Property. City of Tigard Further information may be obtained from Greer Gaston, City Public Hearing /Surplus Property of Tigard Public Works Dept., 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503- 639 -4171. TT 11246 DISPOSAL OF STANDARD UNDEVELOPED A copy of which is hereto annexed, was • SURPLUS PROPERTY published in the entire issue of said Consideration of sale of standard undeveloped parcels in the newspaper for City of Tigard known as the Canterbury Surplus Property 1 located at the intersection of SW Canterbury Lane and week in the following issue: 103rd Avenue, and the Water Building Remnant Parcel lo- February 5, 2009 cated across from the Water Building (Tigard Public Works Building) at 8777 SW Burnham Street. C ka ir irk lam-^ - -14 4 REQUEST: To consider the sale of property owned through Allso (Accounting Manabr) a Tenancy in Common Agreement by Intergovernmental Water Charlotte p ( Board member jurisdictions. The percentage interest in each Subscribed and sworn to before me this property is as follows: King City 5.5 %, City of Durham 2.5 %, Tigard Water District 22 %, and City of Tigard 70 %. The sale of February 5, 2009. the Canterbury Surplus Property is necessary and convenient for its use as a city park, and the sale of the Water Building Remnant Parcel is necessary and convenient for safety considerations and (' cZ 6. 4 dedication of a right of way on Burnham Street. The tenants in NOTARY PUBLIC FOR O common have requested that the City of Tigard conduct a public hearing on their behalf on the question of whether sale of the My commission expires subject surplus properties is in the public interest. rAw nA ; VICINITY MAP Acct #10093001 Attn: Greer Gaston .ry MR.. PnBattr City of Tigard 13125 SW Hall Blvd ""s' Tigard, OR 97223 ~~w° CANit.AMI` k ""^sac,„ ' - ; :,15' - 3 Size: 2 x 12.25 ° ° Amount Due $204.58 >„ Please remit to address above. : ate-+ 8 , _ .e.." -- - e1010 V.Zr a 1 �'; VICINITY MAP I > °, , 'h• vi , ,, r , ' = . : ' '• ; m - Publish 02/04/2009. TT 11246