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ZCA1991-00008B
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. CITY OF TIGAR 0 EGON COMPREHENSIVE PLAN ANauDmgjgQ_N§C GE ZO E 0 CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 i'x '0 100r.k FOR STAFF USE ONLY 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION 11333 SW Gaarde Road Tigard, OR 97223 TAX MAP AND TAX LOT NO.371mammL...slbdimislimp Lot 45 -725 SITE SIZE 13112L2172____________ PROPERTY OWNER/DEED HOLDER* Ron & Mary Soberg ADDRESS 12221§2115th_Elaaa_____ PHONE 639-4508 CITY igiarsbs3 ZIP 97223 APPLICANT* 1322stnryLbtrg ADDRESS 13755 SW 116th Place PHONE g3.2„...4508 ____ CITY Tigard? OR ZIP 97223 ...11■•■•1•1 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee In possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. )PROPOSAL SUMMARY The owners of record of the subject property request a Comprehensive Plan Amendment (if applicable) from to a a Zone Change from to OR The applicant requests an atendment to the following sections of the Comprehensive Plan ot Community Development Code, 0737P/23P ReVid: 5/87 CASE NO. (-A') /64,-. OTHER CASE NO'S: Ls„...„1A211......LajE RECEIPT NO. Aai\ APPLICATION ACCEPTED BY:LIg-, DATE: Application elements submitted: V/(A) Application form (1) ....maraga t. (B) Owner's signature/written authorization (C) Applicant's statement (pre-app check list) v/CD) Filing fee (t * ') Additional information for Compre- sive Plan Map Amendments/Zone Changes IV(E) Maps indicating property location (pre-app check list) V(F) List of property owners and addresses within 250 feet (1) _(G) Assessor's Map (1) ■,(H) Title transfer instrument (1) DATE DETERMINED TO DE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: ?.P.O. Number: Planning Commission Approval bate: City Council Approval Date: 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: 4. Applicants; To have a complete application you will nee r'n submit attachments described in the attached information sheet at the time you submit this application. A 5. THE APPLICANT(S), SHALL CERTIFY THAT: A. The above re nest does not violate anx deed reptrictions that ma be attached to or im ►osed u on the sub act ro,•ert B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true, and the applicants .so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statementd are false. D. 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. DATED this __ day of G 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSLspm /0737P) _ h � _ LEGIBILITY STRIP y .fir i. A �f, CITY OF TIGARD Washington, County NOTICE OF FINAL ORDER by TIGARD HISTORIC SITES & DISTRICTS COMMITTEE 1. Concerning Case Number(s):_gln_11=QQA1agh_91-0004_____ 2. Name of Owner: Ron & Mary_Sobera____ Name of Applicant: _Same 3. Address 13755 SW 116th Place City Iisagg State OR Zip 97223 4. Address of Property: 1355 SW 116th Place Tax Map and Lot No(s).: 2S1 3DC tax lot 1700 5. Request: pkaguest to gggAILAIALHILt2ric District Overla to the above mentioned ro ert . ZONE: R-4.5 (Residential 4.5 units acre LOCATION: 11755 SW 116th Place (WCTM 251 WS& tax lot 170(11 6. Action: Approval as requested Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed tot N The applicant and owner(s) . x Owners of record within the required distance x The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS FILED. The adopted findings of fat, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397; Tigard, Oregon 97223. 9. Appeal: Any party to the decistion may appeal this decision in accordance with 18.32.290(3) and Section 18.32.370 which provides that a Written appeal may be filed within 10 days after notice i0 given and dent. The appeal may be stibmitted on City forms and most be accompanied by the appeal fee ($316.00) and transcript costs, (varies up to a maximum of $500.00): The deadline for filing of an appeal is 3:30 p.m. 10. deaiti.onl If you have any questions, please call the City of Tigard Planning Department, 639-4171, bkm/dPA91,42.BKM AFFIDAVIT OF MAILING , being first duly sworn/affirm, on oath depose and say: (Please print) That i am a for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City qouncil (1'411.1.4-es-4"Dt4(rOi5c4,14AwcAjkte A copy (Public Hearing Notice/Notice of Deciiiion) of which is attached (Marked Exhibit "A") was mailed to each named persona at the address shown on the attached list marked exhibit "B" on the 211E._ day of 19291_, said notice NOTICE OF DECI,SION as hereto attached, was post on an appropriate bulletin board on the "Z-Va- day of 19221, and depogited in the United States Mail on the ....LIE_ day of , 19'11 , postage prepaid. sworn/affirm to me on the • UBLIC OF REGION iosion Expires: sworn/affirm to bkm/AFFIDAV.BKM " `4■0'.t4,. . , - NOTICE OF FINAL ORDER by TIGARD HISTORIC SITES & DISTRICTS COMMITTEE 1. Concerning Case Number(s): ZCA 91-0008 2. Name of Owner: Ron &MaSo Name of Applicant: _Same 3. Address 13755 SW 116th Place City Tigard State OR Zip 97223 4. Address of Property: 11333 SW Gaarde Road Tax Map and Lot No(s).: 2S1 31)0 tax lot 1700 5. Request: assiq remmt__.rthe Historic District Overla to the above mentioned ro ert • ZONE: R-4.5 Residential 4.5 units acre LOCATION: 137558W 116th Place WCTM 2S1 3DC, tax lot 17921 6. Action: X Approval as requested Approval with conditions Denial ' 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X "Owners of record Within the required distance x The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON May 21A1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. 12)9.pagi..: Auy party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal May be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. _Uftx_3111991 10. Quegtions: If you have any qUegtions, please call the City of Tigard Planning DepartMent, 639-4171. CITY OF TIGARD HISTORIC SITES AND DISTRICTS COMMITTEE FINAL ORDER NO. 91-01 HSDC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS THAT APPROVES AN APPLICATION FORA ZONE CHANGE (ZON 91-0009) REQUESTED BY RONALD AND MARY SOBER. The Tigard Historic Sites and Districts Committee has reviewed the above application at a public hearing on April 25, 1991. The Committee has based its decision on the facts findings, and conclusions noted below. I. FACTS CASE: GAARDE HOUSE Zone Change Amendment ZC 91 0009 SUMMARY: The applicant requests: 1. Zone change approval to add the Historic Overlay on the Zoning District Map to the following property: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICANT: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 OWNER: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) LOCATION: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICABLE REGULATIONS: Community Development Code Chapter 18.82 and Comprehensive Plan Policy 3.7.1 FINAL ORDER ZON 91-0O09 gAARDE =Ogg (RONALD AND MAR'.. 0BERG) II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site Location: The Gaarde House presently is located at 11333 Gaarde Road within the Viewmont Subdivision. It is bordered on the southeast by a church and on the west by Gaarde Road. Properties to the immediate north and east are single family residential development. In terms of zoning designation, the land to the north and east is zoned R- 4.5. The land to the south is zoned R-3.5. The land lying west of Gaarde Road is located in unincorporated Washington County. B. Site Information: The 2,700 square foot house is located approximately 40 feet from Gaarde Road. A paved driveway leads from SW 114th Ave. to a 400 square foot detached garage. The house was moved to this site in 1990 from its original location near the intersection of Gaarde Road and Pacific Highway. The relocation was made necessary by a road improvement project. C. Cultural Information: The Gaarde house was constructed in 1922 in a bungalow style with Craftsman detailing. The houSe was occupied for sixty-six years by the Hans Gaarde family. Hans was the son of John Gaarde, who established a blacksmith shop in 1893 across the road from C.F. Tigard's general store and meeting hall. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1. Chapter 32.82 authorizes the Historic Sites and Districts Committee to approve placement of the Historic Overlay designation upon a finding that any of the following standards have been met: a. The proposed district or landmark would Sere the purposes of the historid overlay district as stated in Section 18.82.010, which are to: 1. Implement the comprehensive plan; 2. Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or refleCt elements of the City's cultural, social, economid, political, and architectural hiektory. FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY SOBERG) „ 3. Safeguard the City's historical, aesthetic, and cultural heritage as embodied and reflected in such improvements and districts; 4. Complement any registered historic or cultural areas designated in the City; 5. Stabilize and improve property values in such districts; 6. Foster civic pride in the beauty and noble accomplishments of the past; 7. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 8. Strengthen the economy of the City; 9. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 10. Carry out the provisions of LCDC Goal No. 5. b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; c. The site or area is identified with historic personages, or with important events in national, state, or local history; d. The site or area proposed distinguishing characteristics inherently valuable for a study construction; or e. The proposed site or area is builder, designer, or architect. for the designation embodies the of an architectural specimen of a period, style, or method of a notable work of a master B. Applicable om rehensive Plan Policies. 1. Policy 3.7.1 provides that the City shall identify and, promote the preservation and protedtion of historically and culturally significant structures, sites, objects and districts within Tigard. IV. NPO AND AGENCY COMMENTS 1. The Washington County Department of Land Use and Transportation has reviewed the proposal and has no has no objections to it. FINAL ORDER - ZON 91-0009 OAARDE HOUSE (RONALD AND MARY SOBERG) . • ,.■• -. 1.4 !,, •' ; , . • ,; , • 4 . 4,, • . . ..• • ••••• • • • •• it. Y i-K ., } v•� _ y v r . � F L 2._ * • S " f . . . t ... e �a v " G F . s — o - h .v 2. The state Historic Preservation Office has reviewed the proposal and has no objections to it. 3. The Tigardville Preservation Society has recommended that the Historic Overlay designation be placed on the property. 4. NPO No. 3 has reviewed the proposal and has recommended approval. 5. No other comments have been received. V. EVALUATION OF REQUEST A. Compliance wIthgggingnIty_Devgloggant_Code. 1. The proposal to add the Historic District Overlay zone to the property is consistent with the approval criteria for historic overlay designation as delineated in Chapter 18.82 of the Community Development Code. This is because the site is identified with a historic personage and also because the site embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period and style. B. Compliance with Comprehensive Plan Policies 1. Plan. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization members and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. 2. Plan Policy 3.7.1 is satisfied because the site under Consideration is determined by competent authorities to be a historically and architecturally significant resource worthy of protection. To this end, the consultant, former Washington County Museum Director Dick Mathews, who was retained by the City to evaluate the historical significance of this property states: The architectural description of the Gaarde Hotse provided by the applicant is reasonably accurate, although it omits mentioning the bungalow's Craftsman style detailing, which is a key element in its classifiCation. Unfortunately, the house and garage were moved from their original location on Gaarde Road in 1990. As the original location is now a lawn, it is unclear why the move was necessary. By removing the buildings from their original site their Contextual integrity has been compromised. The only good thing about the move one can Say is that the buildings were not moved far, and remain on Gaarde Road, so FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY SOBERG) • '•, I .„, ;,■•• • , ■•• • . .� S _ f a � ._ T Q � yr ? r` , LEG � .. , � ... .. - te z H:- Z s named, one assumes, because of the family's association with it. Architecturally, the house is significant given the demise of such residences in the Tigard area in recent years. There are other more intact examples of such modest bungalows with Craftsman detailing in the area, including a few in their original locations along Pacific Highway to the north of Gaarde Road. This form of residence was quite common in the suburban garden tract developments that sprang up around the nation along interurban rail lines and highways. Prior to World War 11, Tigard probably had many such homes. However, there are relatively few left now, and the Gaarde House is one, relocated as it is. The replacement of the masonry piers for the porch columns is unfortunate, but can be reversed. The wooden railings are most unfortunate, as they do not fit the house in detail or scale. Historically, the Gaarde House is significant, but its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard rather than its actual builders. John Gaarde, the father of Hans, who built the house in question, arrived in the area and established a blacksmith shop in 1893 directly across the road from C.F. Tigard's store. C.F. Tigard was the son of the pioneer immigrant, Wilson N. Tigard, who had established a donation land claim in the area in 1852. C.F. Tigard's store, built in 1880, served as a post office and local meeting hall to the growing farming community of Butte, focused on the north-south Salem to Portland road. The U.S. Post Office allowed the use of the name "Tigardville", which was in fact initially only a postal designation for the store. Gaarde's arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community. Gaarde's arrival was also a part of a local pattern of ethnic German settlement during the 1890's. (Gaarde was in fact an ethnic Dane, but a Prussian subject.) The little community apparently attracted a number of Germans during this period, enough that a Catholic church was formed for them with German language services. The Gaarde family's arrival and settlement in the Tigard area represents the second wave of immigration to Oregon, which was facilitated by the transcontinental railroads. These "railroad immigrants° were typically northern Europeans, frequently GermanS, and often came to Oregon from other parts of the United States after their initial immigration from Europe. The focus of development in the atea shifted north to what became Tigard's Main street in 1907, in anticipation of the arrival of the electric interurban train stop that was built in 1910. With that shift, old Tigard, or Tigardville - C.V. FINAL ORDER - LOIN 91-0009 GAARDE HOUSE (RONALD AND MARY SOBERG) Tigard's store, Gaarde's blacksmith shop, and a few related buildings - was relegated to a secondary status. It represented the pre-suburban, country village phase of Tigard's history. The Gaarde family maintained its presence along what became the Pacific Highway for over 70 years, from 1893 until the 1970's. The original family home, and the blacksmith shop are gone, but the road now bears the family name, and the Gaarde House remains as a monument - albeit cut loose from its foundation - to Tigard's origins and to the second wave of immigrants who contributed to the growth and development of the community. I would recommend that the City of Tigard designate the Gaarde House as a significant historic resource under the provisions of its development code for its historic significance as a local landmark relative to Tigard's early development and association with the ethnic immigration that significantly contributed to that development. I would further recommend that the City look carefully at any future demolition or relocation requests regarding older buildings and residences that are not presently designated as historic resources. The relocation of the Gaarde House has compromised its significance without apparent need. VI. CONCLUSION AND RECOMMENDATION The Historic Sites and Districts Committee approves the requested addition of the historic overlay designation for the property located at 11333 SW Gaarde Road (WCTM 2SI 3DC, tax lot 1700), based upon the foregoing findings. It is further ordered that the applicant be notified of the entry of this order. PASSED: The 25th day of April, 1991, by the Historic Sites and Districts Committee of the City of Tigard. Carolyn Eadon Chair Historic Sites and Districts Committee FINAL ORDER - ZON 91-0003 GAARDE gOUSE (RONALD AND MARY SOBERG) JUDY FESSLER. 11180 SW FONNER TIGARD, OR 97223 MARTHA BISHOP 10590SW COOK LANE TIGARD, OR 97223 RONALD & MARY SOBERG 13755 SW 116TH PLACE TIGARD , OR 97223 'CPERWYN-BABGIN 14825-8W-WR9AAVG11:. CT TWAREhieR 97224 44:141 44 • • ••• • AM - 4a, I. ■ , ' '4.„■••: • • ,,„,, , „ „ ,„ „" , , . , STATE OF OREGON County of Washington City of Tigard AFFIDAVIT OF MAILING ) ss t\N. \CAW (k. r1/4, being first duly sworn/affirm, on oath depose and say: (Please print) That I am a 1\56 :1E: for The City of Tigard, Oregon. v/ That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council , 1415‘avie- ce1.5-Yrit46 Cbmm, A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the laddrgss shown on the attached list marked exhibit "B” on the _alt_ day of pc ft\ 190 , said notice NOTICE OF DECISION as hereto attached, was post d on an appropriate bulletin board on the day of ,, 19 ; and deposited in the United States Mail on the day of pottage e prepaid. Prepared Notice Posted For Decision only." osillIsm/41,14,,, ''''''' "eibed and sworn/affirm tO me on the ;':\.),"4-J,0"4143; 44' 4 'A 1L1411 ..,,(t,1 .. j itS 111 d'i l IV "4`../.1 ..•-• 16 •;„,,,,.. ,,,,,,,..zsel,,, 1 '• P "19, ' ^0,j11111. IL.. 61. • IL /onto PO itO. who TaliVered to POST OFFICE day of TAR PUBLI My CommiOsion E iire...a.1■1*4•■■••■• Subscribed and Sworn/affirm to me on the day of 19* . NOTARY PUBLIC OF OREGON My Commission Expires: *1 • 41.,* :■••, • 1 NOTICE O F P U B L I C H E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD HISTORIC SITES & DISTRICTS COMMITTEE, AT ITS MEETING ON THURSDAY, A pril_25, 1991 , AT 7:00 PM, IN THE TIGARD SENIOR CENTER, 8815 SW OMARA STREET, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZCA 91 -0008 FILE TITLE: Gaardo House APPLICANT: Ron & Mary Soberg 13755 SW 116th Place Tigard, OR 97223 ( REQUEST: .ZONE CHANGE ANNEXATION ZCA 91- 0008.....GAARDE._HOUSE (NPO #3) A request to assign the Historic District Overlay to the above mentioned property. ZONE: R -4.5 (Residential, 4.5 units/acre) LOCATION: 13755 SW 116th Place (WCTM 281 3DC, tax lot 1700) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE HEARING. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN C TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION PLEASE CONTACT THE PLANNING DEPARTMENT AT 639 -4171, TIGARD ORGANIZATION , 13125 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNING D CI TY HALL, O) # 3 . CHAIRPERSON: Herman Porter PHONE NUMBE3t _639 --6805........ bias /Ci A91 -o2. eat x,®11 1 rlE P JA 'S • VIEWMOUNT CT. C»NTERB,iRV S M,EARLANO 4lUII NILC ALy, • LANE___. L 4call 07O ineottyp n I; 2S103DC -01000 TIGARD ASSEMBLY OF GOD 11385 SW FAIRHAVEN ST TIGARD OR 97223 2S103DC -01400 SCHROEDER, DONALD A & MARGO A 19475 SE DEBORA DR BORING OR 97009 2S103DC -- 01600 SCHROEDER, DON 19475 SE DEB BORING 0 A & MARGO A DR 97009 2S103DC- 01900 HOGGATT, KENNETH E & MAXINE W 13890 SW 114TH AVE TIGARD OR 97223 2S103DC -02100 HARP, RUEL F JR & CAROLYN A 13850 SW 114TH AVE TIGARD OR 97223 2S103DC-04600 OSTRUM, ELWOOD E PATRICIA D 13835 SW 114TH AVE TIGARD OR 97223 2S103DC -04800 SUTTON, KENNE'T'H AND DARLENE 13875 SW 114TH STREET TIGARD OR 97223 2S103DC -05000 WALKER, GORDON V AND SUSAN B 13900 SW 115TH TIGARD OR 97223 2s103DC- 05200u MOHR, JAMES B AND CAROL J 13850 SW 115TH TIGARD OR 97223 2S110AB -0150, o RAMLER, EUGENE C 11370 SW GAARDE TIGRD OR 97223 2 S 103DC -01 GOECKS, MICHAEL RAY 11490 SW VIEWPOINT LANE TIGARD OR 97223 2S103DC -01500 SCHROEDER, DONALDA & MARGO A 19475 SE DEBO R BORING 097009 2S103DC,-01800 SPENCER, BARBARA J 13900 SW 114TH AVE TIGARD OR 97223 2S103DC -02000 MOORE, THEODORE P LINDA L 13870 SW 114TH TIGARD OR 97223 2S103DC -02300 ..................... BARKER, RAELDON R DANA D 11340 SW VIEWMOUNT CT TIGARD OR 97223 2S103DC- 04700 .o.v.4 VAXERNICK, GEORGE P CAROLYN A 13855 SW 114TH AVE TIGARD OR 97223 2S103DC -04900 GARLAND, DENNIS K GLORIA 13895 SW 114TH AVE TIGARD OR 97223 28103DC -05100 GUSTAFSON, ROGER R DixIE M 13880 SW 115TH TIGARD OR 97223 2S11OAB 01400 FINLEY, CARL L & MARGARET E 11260 SW GAARDE ST TIGARD OR 97224 2S110AB -01600 WAGNER, MTCUAEL A DONNA M 14070 SW 114TH AVE. TIGARD OR 97224 2S110AB-04000 HOLLISTER, BRUCE L AND CAROLYN R 14380 SW 114TH TIGARD 2S11OAB-04100 OR 97223 KODAK', ELDON J JUDITH L 11460 SW GAARDE ST TIGARD OR 97223 RON & MARY SOBERG 13755 SW 116TH PLACE TIGARD, OR 97223 HERMAN PORTER 11875 SW GAARDE ST TIGARD, OR 97223 28110AB-040 HOLLISTER, B3U6E L AND CAROLYN R 14380 SW 1 TH TIGARD OR 97223 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] €_ •�-,• LEGIBILITY 'x.. � .£' - i•--- - -x. -C -�..� 1. - t - r - S - -.C. ^ -• .... ,:- :1 j: .� � -�° -tom .�.... - _. - .-,� _ - - - • = o • s i _3 TIMES PUBLISHING COMPANY NOZONFOHOWAMEssammesmils"" am* Lega/Tr 7946 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising ror:tr.,7 e e 0 Tearsheet f CITY OF TIGARD f •0• Box 23397 e 0 DUplicate A' Tigard, OR 97223 a 6 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )58. 1, Judith Koehler being first duly sworn, depose and say t I an tiyiklyertising Director, or his principal clerk, of the "g'aLu. a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti &gra in the aforesaid county and state; that the Public Hearing a printed copy of which is hereto anneked, was published in the entire issue of said newspaper for. One successive and consecutive in the following issues: April 18 1991 Subscribed and sworn 1� o before me this 18th daY °f APtil 1991 My couimissie AFFIDAVIT Notary Public for Oregon ",- -.s ,MSS{. _ — 'f, - k.� +. - i� 11? _.�'�• +:' i. � �� x +. �'{. _ ... .. '. =s _. - . % --� -. 4 ... r��- ..- � »R: °;.'�._- µ: Hal Bergaina, Senior Planner Dept of Land Use and Transportation Public Services Building 155 N. let Ave. Hillsboro, Oregon 97124 Washington County Museum 17677 NW Springville Rd. Portland, Oregon 97229 Historic Prea rvation League of Oregon 26 NW 2nd Ave. Portland, Oregon 97209 Historic Preservation Parka and Recreation Dept. Vick Building 525 Trade St. SE #301 Salem, Oregon 97310 Edward Duff ld - Chairperson NPO 1-2 8895 SW dgewood Tigard, regon 97223 Herman Porter - Chairperson NPO 3 11875 SW Gaarde St. Tigard, Oregon 97223 Sue Carver - Acting Chair NPO / w 10155 1Hoodvie Drive 6 Tigard, Oregon 97224 (_PA z-- " ;•;I: 4r, 1..t , N. 4.. '1,4 . • ni.t. • • may. >h y = • irt - M STRIp 3 .i- s yz • ■ ; NOTE TO FILE ZON 91-01 GARDE HOUSE On page 4 of the Final Order the consultant retained by the City to evaluate the significant of the Gaarde House is quoted as stating that "it is unclear why the move was necessary". It is well to point out that the relocation was made necessary by the Gaarde Road improvement project. More specifically, the house was moved because it was located within the proposed right-of-way for the intersection improvement. • ■•• • , • o• •s s •• .• 4 :*.**'" * ,E,*,4.:i1",4;;;'01'‘,1': .*4 .4' .^" ■■•• ..V.J , • , • STAFF REPORT TIGTARD hISTORIC SITES AND DISTRICTS COMMITTEE FEBRUARY 22, 1991 - 7:00 PM TIGARD SENIOR CENTER 8815 SW OMARA STREET TIGARD, OR 97223 I. SUMMARY OF THE REQUEST CASE: GAARDE HOUSE Zone Change Amendment ZC 91 0009 SUMMARY: The applicant requests: 1. Zone change approval to add the Historic Overlay on the Zoning District Map to the following property: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICANT: tr tl Placr/ Tigard, OR 97223 OWNER: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.7 (Residential, 4.5 units/acre) LOCATION: 11333 SW Gaarde Road (WCTM 231 3DC, tax lot 1700) APPLICABLE REGULATIONS: Community Development Code Chapter 18.82 and Comprehensive Plan Policy 3.7.1 STAFF RECOMMENDATION: Approval II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site Location: I 4 /( The Gaarde House presently is located at I nue within the Viewmont Subdivisions It is bordered on the south by a church and on the west by Gaarde Road. Properties to the immediate north and east are single family residential development. In terms of zoning designation, the land to the north and east is zoned R- 4.5. The land to the south is zoned R-3.5. The land lying west of Gaarde Road is located in unincorporated WaShington County. (EXHI8IT A) • B. Site Information: i /4-46 The 2,700 square foot house is located approximate 25 feet from Gaarde Road. A paved driveway leads from SW 1-1-61h Place to a 400 square foot detached garage. The house was 1 Ito location near the i e Road and Padi ic ighway. The relocation was made necessary by a road improvement project. C. Cultural Information: , The Gaarde house was constructed in The house was occupied for sixty-six years by the Hans Gaarde family. Hans was the son of John Gaarde, who established a blacksmith shop in 1893 across the road from C.F. Tigard's general store and meeting hall. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1. Chapter 32.82 authorizes the Historic Sites and Districts Committee to approve placement of the Historic Overlay designation upon a finding that any of the following standards have been met: a. The proposed district or landmark would serve the purposes of the historic overlay district as stated in Section 18.82.010, which are to: 1. implement the comprehensive plan; 2. Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history; 3. Safeguard the City's historical, aesthetic, and cultural heritage as embodied and reflected in such improvements and districts, 4. Complement any registered historic or cultural areas designated in the City; 5. Stabilize and improve property values in sudh district8; 6. Foster civid pride in the beauty and noble accomplishments of the past; 7. Protect and enhance the City's attractionS to tourists and visitors and the Support and stimulus to business and industry thereby provided, 8. Strengthen the economy of the city; • - -- - - ti. ... a ..> r. .�.. _ .. - �i F' 1.:• �. p�iKeqq� spa gp� 1 rp _. `a -. - LEA �' :•�-• ,.r 4 'r � `.3 u. :� -.a (fi vt'w 13 9. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 10. Carry out the provisions of LCDC Goal No. 5. The site or area pro•osed for the designation ,..)4.7116- b; fir...,,,, ux '4 ' 6-014.14... iiig& fiameampobf the communi 0 n'a'-eidii; —411%: pA C: igiVatraMitiVegl, „iToda, with important events in na lanai • y, state or AVAMVAStA-0. state, or iocai. history; or d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectuial—cimen i 1.1' EalladYw I NI11/441a4EK42#.4. .ILIS211,424474e&gattgalg1/4P,,,,,,r6.1g. CCM, e. The proposed Site or area is a ni1W-vu4wom7kpt builder, designer, or architect. B. AmlicableCmprehensive Plan Policies, 1. Policy 3.7.1 provides that the City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard. IV. NPO AND AGENCY COMMENTS 0 ,Land Use and Transportation Ls92:2=glarggWiliggrfr 2. TitirTetatiiiVitreVellery 9pnfice has reviewed the proposal and has nopppleapionswton -41 3. The Tigardville Preservation Society has recommended that the Historic Overlay designation be placed on the property. 4. No othex comments have been received. /..2 3 0 V. EVALUATION OF REQUEST Ai Com liance with Communit Develo•ment Code. 1. The proposal to add the Historic. bistrict Overlay 2Ohe to the property, is consistent with the approval criteria 4it hibtorid overlay designation as delineated in Chapter 18-402 Of the Community Development dodo. This is because the site is identified with a historic pekddiidge and also because the site embodies the distihgtishihq characteristics of an architectural specimen inherently valuable for a. study of a. period and style, 3 B. Corm ance with Comprehensilua Plan Policies 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization members and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. 2. Plan Policy � . i y 7/ s 1 q satisfied because the site under ..1.i7 consideration is determined by competent authorities to be a historically and architecturally significant resource worthy of protection. �� �.�,, --�•' () � r t I / To this end, the consultant who was retained by the City to evaluate the historical significance of this property states: The architectural description of the Gaarde House provided by the applicant (EXHIBIT B) is reasonably accurate, although it omits mentioning the bungalow's Craftsman style detailing, which is a key element in its classification. Unfortunately, the house and garage were moved from their original location on Gaarde Road in 1990. As the original location is now a lawn, it is unclear why the move was necessary. By removing the buildings from their original site, their contextual integrity has been compromised. The only thing about integrity move one can say is that the g far, ad, so buildings were not moved far and remain on Gaarde Ito named, one assumes, because of the family's association with it. Architecturally, the house is significant given the demise of such residences in the Tigard area in recent years. There are other more intact examples of such modest bungalows with g including a few in their Craftsman detailing in the area, in original locations .. along Pacific Highway ... to the north of This form of residence was quite common in the suburban garden tract developments that sprang up around the nation along interurban g rail lines and highways. Prior to World War II Tigard, probably had many such homes. However, there are relatively few left now, and the Gaarde House is one, relocated as it is. The replacement of the masonry piers for the porch columns is unfortunate, but can be reversed. The wooden in detail or smost unfortunate, as they do not fit den railings are most hou le. Historically, the Gaarde House is significant, but its g ' primarily early rats association as a landmark significance ��ea.cance rests ra.maril � on its family' y p sence in Tigard rather than its actual builders. " Ii : ATHrde, the father of Hans, who built the house T in k question, arrived c in the area and hey. re tly across the road establish: a a � i i9 , T►g C.F. Tigard was the son of the pioneer m grant, �tbWa Wilson M. Tigard, who had established a '7 LEGIBILITY STRIP - r u _ 5 • s 4 donation land claim in the area in 1852. C.F. Tigard's store, built in 1880, served as a post office and local meeting hall to the growing farming community of Butte, focused on the north-south Salem to Portland road. The U.S. Post Office allowed the use of the name "Tigardville", which was in fact initially only a postal designation for the store. Gaarde's arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community. Gaarde's arrival was also a part of a local pattern of ethnic Ge=an settlement during the 1890's. (Gaarde was in fact an ethnic Dane, but a Prussian subject.) The little community apparently attracted a number of Germans during this period, enough that a Catholic church was formed for them with German language services. The Gaarde family's arrival and settlement in the Tigard area represents the second wave of immigration to Oregon, which was facilitated by the transcontinental railroads. These °railroad immigrants" were typically northern Europeans, frequently Germans, and often came to Oregon from other parts of the United States after their initial immigration from Europe. The focus of development in the area shifted north to what became Tigard's Main street in 1907, in anticipation of the arrival of the electric interurban train stop that was built in 1910. With that shift, old Tigard, or Tigardville - C.F. Tigard's store, Gaarde's blacksmith shop, and a few related buildings - was relegated to a secondaw.1.0, 0:,-,1; It represented the t 4 4 11 ge44,J Ise of Tigard's history. aarde family maintained its presence .4 fl _ 'Iv , along what became the Pacific Highway for over 70 years, from 1893 until the 1970's. The original family home, and the blacksmith shop are gone, but the road now bears the family name, and the Gaarde House remains as a monument - albeit cut loose from its foundation - to Tigard's origins and to the second wave of immigrants who contributed to the growth and development of the community. • I would recommend that the City of Tigard designate the Gaarde House as a significant historic resource under the provisions of its development code for its historic significance as a reilin1734114P410q7T4,04517977nEDYTYMTIMAVIVVAIN!t 1.nt and association with the etimio itumigration that significantly Contributed to that development. 1 would further recommend that the City look Carefully at any future demolition or relocation requestS regarding older buildings and residences that are not presently designated as historic: resources. The relocation of the Gaarde House has Compromised its significance withott apparent need. 5 0.1 4 VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the proposed Zone Ordinance Amendment to add the historic overlay designation is consistent with City of Tigard Comprehensive Plan and Community Development Code standards for this type of application. Based upon the above findings and conclusions, the planning staff recommends that the Historic Sites and Districts Committee assign the Historic District Overlay District Overlay to the proposed site. ' tt . a • .1. 1. .7-, - • LEGIBILITY STRIP 1411111111197 tilt PIVIITIMS- at: rzostortr-t- anownums: WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY PRESENT OWNER.: Hans & Hilma Gaarde ORIGINAL OWNER: Ron & Mary Soberg ARCHITECIII3UILPE LOCATION: COMMON/HISTORIC NAME: USE: PRESENT: ORIGINAL: Hans Gaarde House Residence 0 RESOURCE NO: wayamooM.aaw!..•■•••■■■• 70•■■•••• T / Sec. 94 5, Viewmont Subdivision TAXLOTAt: Good CONDITION: 0•■•■•■•■....teral..I CONSTRUCTION DATE: .922 THEME: ...larlitexture--=20±.13. Century TYPE: Architectural and cottextual description of the resource and statement of historical significance: (Continue on back if necessary) ARCHITECTURAL DESCRIPTION The Gaarde House is a one and one-half story bungalo style house with side gables and clipped-hip roof. The medium pitched roof is covered' with composition shingles and the exterior of the house is sided with horizontal wood siding. The symetrical porch which extends across three-quarters of the front facade is topped with a centered cross-gabeled roof ending in the clipped-hip. On either side of the gabled porch roof are open, decorative extended beams. The porch itself is concrete. Four square columns support the porch roof. At the original site these columns sat on Masonry bases but after the house was moved in,1990 these bases were replaced with framed Wood bases. At the same time wood railings were added around the porch and down the three concrete steps. There is an exterior brick chimney on the east facade and an interior chimney which extends from the north roof slope. The house plan is symetrical with a large fixed window on either side of the centered froht door. Other windows in the house are double-hung sash and tripple-paned casement. The original house was a simble rectahgle with a shallow pop-out on the east side to accomodate the bathroom and ohe on the west tide to accomodate the built in buffet. Soon after the house was built, another room was added off the,kitchen on the north- west corner. This room was used as an informal eating space and kitchen extension. A swill enclosed back porch projects from the southwest corner of this room. -(continued) SoUrces ConsUiteel: 8stelle Gaarde RaSmussen - IntervieWS May 1990, March 1991 Mary Payne, Tigardville Tigard: Lake Oswego: Lake Grove Printing Co. 1979 Recorded 1;y: Ti ardville Pre--4', .1 Pitt6ENt 0tAtt•Itte6 Abs (if At:tee:tit 4.4! pat4; March 190, r ARCHITECTURAL DESCRIrJ'ION Continued - -- The house originally sat on a full, unfinished basement. When the house was moved it was again placed on a full basement, two- thirds of which is finished living space. Very few alterations were made in the 1990 move with the exception of the afore mentioned front porch detail and the orientation of the back porch steps. These alterations were made per city code. CONTEXTUAL DESCRIPTION The Gaarde house was build:in 1922 on the wedge shaped lot behind Elmer's Restaurant off Pacific Highway, facing Gaarde Road. The Gaardes were avid gardners and their property was always a visual pleasure with landscaping planned to be in bloom nearly all year round. Other buildings on the sidte were a two -car garage with hinged, swinging doors and a small building called the rabbit hutch. The garage and house were moved in February 1990 to the new site, also facing Gaarde. Road, about a quarter of a mile from the original site. At this site the garage sits behind the house rather than beside it. ARCHITECTURAL AND HISTORICAL SIGNIFICANCE In 1922 Hans Gaarde was planning to be married ito, Hilma Lien. He :purchased a parcel of land from'his father, John, and he built th wi help of his cousin, George Larsen. On September 16, 1922 Han and Hilma were married and began their 66 year marriage'in this house. To their union were born two children, Estelle and Richard. Estelle remembers the house always being the hub of activities as the Gaardes were very involved in e days running water and indoor plumbing were luxuries and Estell community. o s 's friends who Y g lived on Bull Mountain loved to stay atther house because she had these luxuries and they did not. Hans worked for the Red Rock Dairy, The Oregon Ship Yard and later the Del Monte • • p .. . the Fire Board and, the Cemetery • Meat Company from oolcBoard �e 1936a1942jbon this community activities included Board. on the School • was a gifted soloist and sang for many community events, wedding and funerals Young's Funeral Hom • She was o very active in organizations such as Rebeacaswhere she served asNobelGrand and the Sherwood Eastern Star where she served as Matron. hobby gardening. developed a truly beautiful yard e in the community � Over ,the years she deve whic• h,everon was he c admired. Eleven months out f the year see +g �`., the yard. After his retirement in 1968, Harts joined gee blooming in y Hilma in caring for the beautiful yard. Estelle noted ithat her father raised a large vegetabletgardenn whichhinclude& a garden garden as drop. and would help y � ... sellaase for rthe rabbits and chickens. When the garlic was harvested it was sold Well to produce shops off Union Avenue and the money earned Went to pay the taxes on the property. ' Si,40.004,4.1.4 • ' nt Z—Lf/ /CeD A I 0 0 7- - ' t..' 1:•411:i 7'9,1 1. 4 ."; 4 11 I o... A.3 : 8- 7 o ././47 74`4 a/ (D 0 iel-/ a el) / - t ci Jr 85-0 //11Y 744 /4/ 56 ' D f4.. C. 7T O 0 0 r.$ %4-r .�...... /Lp o S' 0 0 y /J `,., ~���°' �.,, �. -�.:,� / 'el 744' 43' g 7 /1 2 7a 11 74,4 79 f 47./ J •ca 7 /oo z.6.7/ /0 1° % c o /FO 0 o • C //CA. 0 C/0 eq 4.7 y 0 c__,PL„) 7 w ii" 44,,o 41%4: _ -4, F 7 Ja .7 CA 7C--/ 6-1 e—t eR6 /e-e• Gc., a r .z rzr, -7 A/4 -74.c_44, Lc/ 6ac'oik.. 4 25103DC -01000 TIGARD ASSEMBLY OF GOD 11385 SW FAIRHAVEN ST TIGARD OR 97223 28103DC -01400 SCHROEDER, DONALD A & MARGO A 19475 SE DEBORA DR BORING OR 97009 2G203DC -01600 SCHROEDER, DONALD A & MARGO A 19475 SE DEBORA DR BORING OR 97009 2S103DC -01100 HOGGATT, KENNETH E & MAXINE W 13890 SW 114TH AVE TIGARD OR 97223 2S103DC -02100 HARP, RUEL F JR & CAROLYN A 13850 SW 114TH AVE TIGARD OR 97223 28103DC -04600 OSTRUM, ELWOOD E PATRICIA D 13835 SW 114TH AVE TIGARD OR 97223 2S103DC -04800 SUTTON, KENNETH AND DARLENE 13875 SW 114TH STREET TIGARD OR 97223 2S103D0 -05000 WALKER, GORDON V AND SUSAN 0 13900 SW 115TH TIGARD OR 97223 25103DC -05200 4 " I 4. 4 4 r i Y MOHR, JAMES B AND CAROL J 13850 SW 115TH TIGARD OR 97223 2S11OAB -01500 •diidi.• .0 ii ii i RAMLER, EUGENE C 11370 SW GAARDE TIGARD OR 97223 2S103DC -01 GOECKS, MICHAEL RAY 11490 SW VIEWPOINT LANE TIGARD OR 97223 2S103D0 -01500 SCHROEDER, DONALD A & MARGO A 19475 SE DEBORA DR BORING OR 97009 28103DC- 01800 SPENCER, BARBARA J 13900 SW 114TH AVE TIGARD OR 97223 00000 OOOOOO 2S103DC -02000 MOORE, THEODORE P LINDA L 13870 SW 114TH TIGARD OR 97223 2S103DC -02300 BARKER, RAELDON R DANA D 11340 SW VIEWMOUNT CT TIGARD OR 97223 2S103DC -04700 VATERNICK, GEORGE P CAROLYN A 13855 SW 114TH AVE TIGARD OR 97223 2S103DC- -04900 GARLAND, DENNIS K GLORIA 13895 SW 114TH AVE TIGARD OR 97223 2S103DC- 05100 GUSTAFSON, ROGER R DIXIE H 13880 SW 115TH TIGARD OR 97223 2S110AB -01400 FINLEY, CARL L & MARGARET E 11260 SW GAARDE ST TIGARD OR 97224 2S110AB -01600 44444 WAGNER, MICHAEL A DONNA M 14070 sW 114TH Av TIGARD OR 97224 2S110A8 -04000 HOLLISTER, BRUCE L AND 14380 SW 114TH TIGARD 2S110A8 -04100 CAROLYN R. OR 97223 HODAPP, ELDON J JUDITH L 11460 SW GAARDE ST TIGARD OR 97223 2S110AB -04 HOLLISTER, BRUCE L AND CAROLYN R 14380 SW 114TH TIGARD OR 97223 .stir . k'•ti � '; Y`Y�iretty'r Y J ,`,a s 1.. i::'i,s ,_.•!t w yeati: Y 7.; "� .� .�.'�ti.s ar�ir.; 3r.; r Y.rYyn. ,t'Ji,:1.� i� Y',v�..!' .'1Yr.. f_ty, � .t ,. .�'� ..l�.at.'.Y4 �,r '.,:r',V. t., r. 1. .....r�.�:. / b 57 7 rc• • 44 • :%!..; '^"k "'ZIA •:.!Z ,1„ AGENDA TIGARD HISTORIC SITES AND DISTRICTS COMMITTEE THURSDAY, APRIL 25, 1991 - 7:00 P.M. TIGARD SENIOR CENTER 8815 SW OMARA STREET, TIGARD, OR 1. CALL TO ORDER 2. PUBLIC HEARINGS 2.1 mi.scH_A___AgN91-.009.....1._pgjlEolog (NP0i3) A request to assign the Historic District Overlay to the :love mentioned property. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: 11333 SW Gaatde Street (WCTM 2S1 3DC, tax lot 1700) 2.2 ZiMSLIANGE ZQN 91=021_21=_PANK QE-TION12 (NPO #1-2) A request to assign the Historic District Overlay to the above mentioned property. ZONE: CBD (Central Business District) LOCATION: 12420 SW Main Street (WCTM 2E1 2AB, tax lot 4400) 2.3 CONDITIONAL USE _sazjit..910_,.23.1.2rEGA_RDsciaort ranuaLlaa (NPO #6) A, request for approval to a Minor Modification to an existing Conditional Use to allow placement of a 1,680 square foot portable classroom structure at the Durham Elementary School site ZONE: R-12 (HD) (Residential, 12 units/acre, Historic District) LOCATION: 8048 SW Shaffer Lane (WCTM 281 13B, tax lot 300) 3. OTHER BUSINESS 4. ADJOURNMENT >f N, ' ,SYL XJ1 1.4} ,t F� I M�tyyr rJx� �1ri u � + i -. y,lrr t dt r r r 2 Af� i (Jl, 4r _. .Z4 �,Y�{ ,. rt. 1Jq��f. .r P4•:r u: .0 .ti 4^, .:F.�. . r ^�1 K.e .I,. i F'N�" f i 61;1 e < /7, /2_4 .e" .fit -�.�,. �:,� � . •fir .�.: , O Z,j21 , , 1;;. ? • � A.a t 5. F. C...t) fri-i "1-14. ,0-- L.,. t ct / Of , <Li/ A.-- i , -4--. 4 , .._ _ . co.....0„1 7-1_,,,,,id, ti-z.....„.„,4,2 G-0 el---1 '-'.-t.. -k...., ..4,-.. c.-- Le,- / r, -4.7 ,/ " '1.+e. 7-'4-'4 `'ems t-.r ! °'-'i A; 1, • ",•'s < 222 I., • •,. , <.• • • .• 011■•■••• 4.1,11.11.1.4PM. May 3, 1991 Mr. R.P. Matthews 3404 S.E. 16th Ave. Portland, Oregon 97202 4 • OF TIG OREGON Dear Mr. Matthews: On behalf of the Tigard Historic Sites and Districts Committee, I would like to thank you for your thorough report on the significance of the' Gaarde House. The committee indicated that your report and recommendation for action was most valuable to them in reviewing the request for historic site designation. The vote to apply the historic site designation was unanimous. The committee wished me to thank you for sharing your high level historical and architectural expertise. Your services were very helpful to our historic preservation progrnm. Sincerely, Duane Roberts Administrative Planner cc: HSD Committee 13125 SW Hall Blvd, pa Bo X 23397, licjordi Orecjon 97223 6o3) 639-4171 _- • • o lairiteniLINGINZZZINAM tt - •,.„. , • - ,1; . , e ANIEBEIKEEEMmumitad - , rit ;r1 %3, 4`, LEGIBILITY STRIP ITY OF TtGAD 13125 SW_ Halt_ Blvd POE Box: 23397' iigarc .. Oregon 97223 g1-0a ICA qt- woe LEGIBIUTif STRIP LEGIBILITY STRIP - t, f Y. %�1�1T! � f.� y1 �_` 1/ -. f f .: -1.t. i• ..� i.,rrvk �.t�A}.1 .�H. .ry 7Y.,k ?.G �� ..1 .fir} i...ir iy. wf .M41 .•1'. . i.•' }. yy�. X. q��q r Y _ p yg .7 r . ° , ti .4* ■•■• „ , • .' ' • ' h ° " • ' NPO #3- MINUTES April 4, 1991 1. Meeting called to order at 7:01 p.m. 2. Present: Porter, Bishop, Froude, Hansen, Mortensen, Root, Smith, Garner 3. The minutes for meeting dated March 6, 1991 were approved. 4. Reviewed draft of changes to Transportation Map. Presentation and draft map handout by Ed Murphy/Staff. Revisions scheduled for Planning Commission on April 8, 1991 and City Council on April 23, 1991. Motion: NPO #3 to write a letter requesting updated information pertaining to Note 2 on revised Transportation Map. Letter to be addressed to Ed Murphy/Staff with copies to City Council and Liz Newton. - Carried unanimously. 5. CPA 91-02. Request for historic site overlay designation for the ltp „a4111,4; ' ' 4 ,141. 3 yea, 1 nay, 4 abstentions. - Motion carries. 6. Other Business: • i;;s1/141 * 4 •' 0 6.1. Mortensen stated Dellarport was approved by City Council at low density. 6.2. Tree ordinance discussion to be placed on May agenda. 7 Meeting adjourned - 745 p.M. Respectfully submitted, L-11414A Nancy Smith NPO #3 Secretary AGENDA NPO #3 MEETING THURSDAY, APRIL 4, 1991 - 7:00 PAL TIGARD WATER DISTRICT 8777 S W. BURNHAM TIGARD, OREGON 1. CALL TO ORDER 2. ROLL CALL: PORTER BISHOP FROUDE HANSEN MORTENSEN ROOT SMITH 3. Approve Minutes from March meeting 4. Review Changes to Transportation Map - Presentation by Staff 5. COMPREHENSIVE PLAN AMENDMENT - CPA 91-02 - Request for Histodc Site Overlay designation for the Soberg/Gaarde House; 11333 S. W. Gaarde Street. a Review Notices Of Decision received 7. Other Business 8, Adjournment TO ENSURE A QUORUM TO COAIDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 6394171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND ' • t REQUEST FOR COMMENTS — • DATE G0BILI J �. 4. FROM: Tiga d Planning Department RE: • RECEIVED BAR 2 6 1991 STATE PARKS AND RECREA170N DEPARTMENT March 25, 1991 CPA 91-02 Request for Historic Site Overlay designation forthe Soberg/Caarde House Attached is the Site Plan and applicant° ; statement for your review. From information suppltied by various departments and agencies and from other information available to our staff, a report and recommendation will, be prepared and a aGiAsion will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 1991. You may use the space provided below or attach a separate letter toteteiturn your comments. If ou are unable to resmnitjay_the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Duane PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. 011111.1.111•MOMIIIIMMIN. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person CoMmenting: Phone tuber: 1111.10■■■•■••••••• 4, 4' . , • • • !, • , • ,*,4`, 41 41 r A' NJ WASHING TO PRESENT OWNER: OUNTY CULTURAL RESOURCE INVENTORY RESOURCE NO: ..001000••■•■■*wa• Ron & Mary T Seo. 1/4 Soberg ORIGINAL OWNER:. Hans & Hilma Gaarde ARCHITECT/I3UILDER: _— LOCATION: COMMON/HISTORIC NAME: 5, Viewmont Subdivision CONDITION: °°°d USE: PRESENT: ORIGINAL: Hans A9,• Gaarde Residence fOMONIII■MMIr■IY•OIMS/AOMS■•■•■•OM.Mr CONSTRUCTION DATE: 1922 House THEME: .../2=111.ter.ture-7-2a12, Century •31■•••••••••■••••••■•■•■■••■■••■•••101116 TYPE: Architeoturiand contextual description of the resource and statement of historical significance: (Continue on back If necessary) ARCHITECTURAL DESCRIPTION The Gaarde House is a one and one-half story bungalo style house with side gables and clipped-hip roof. The medium pitched roof is covered with composition shingles and the exterior of the house is sided with horizontal wood siding. The eymetrical porch which extends across three-quarters of the front facade is topped with a centered cross-gabeled roof ending in the clipped-hip. On either side of the gabled porch roof are open, decorative extended beams. The porch itself is, concrete. Four square columns support the porch roof. At the original site these columns sat on Masonry bases but after the house was moved in.11990 these bases were replaced with framed Wood basee. At the same time wood railings were added around the porch and down the three concrete steps. There is an exterior brick chimney on the east facade and an interior chimney which extends from the north roof slope. The house plan is symetrical with a large fixed window on either side of the centered front door. Other windows in the house are double-hung sash and tripple paned Casement. The original house was a simple rectangle with a shallow pop-out on the eaet Side to accomodate the bathroom and one on the weet eide to accomodate the built in buffet, Soon after the house was bUilt, another room was added off the,kitchen on the north- west corner. This room was Used ae an informal eating space and kitchen extension. A samll enclosed back porch projects from the southwest dorner of this room, (continted) t'oueaston6lAteit Estelle Oaatde Rasmus interviews May 10g00 Match 1901 Mary Payne, Ti4at4y1,101Tigata, take Oswego t take dtove: Ptinting do, 1919 Kecorcled 14: —eggie riation—aclatety-- Date: —2—arch PRESENT OWNER'S AnDKESS: different from alpoVe) 4, • „.v ••ic 4. ;11 ARCHITECTURAL DESCR `'` " ON Continued ---- The house originally sat on a full, unfinished basement. When the house was moved it was again placed on a full basement, two is thirds of which finished living space. d is Very few alterations were made in the 1990 move with the exception of the afore mentioned front porch detail and the orientation of the back porch steps. These alterations were made per city code: CONTEXTUAL DESCRIPTION The Gaarde house was build��.in 1922 on the wedge shaped lot behind Elmer's Restaurant off Pacific Highway, facing Gaarde Road. The Gaardes were avid gardners and their property was always a visual pleasure with landscaping planned to be in bloom nearly all year round. Other buildings on the sidte were a two -car garage with hinged, swinging doors and a small building called the rabbit hutch. The garage and house were moved in February 1990 to the new site, also facing Gaarde Road, about a quarter of a mile from the original site. At this site the garage sits behind the house rather than beside it. ARCHITECTURAL AND HISTORICAL SIGNIFICANCE In 1922 Hans Gaarde was planning to be married to Hulma. Lien. He' purchased a parcel of land from' his father, aohn, and he built this house with the help of his cousin, George Larsen. On September 16, 1922 Han and Hilma were married and began their 66 year inarriage'in this house. To their union Were born two children, Estelle and Richard. Estelle remembers the house always being the hub of activities as the Gaardes Were very involved in the community, In those days running water and indoor plumbing were luxuries and Estelle's friends who lived on Bull Mountain loved to stay at her house because she had these luxuries and they did not. Hans worked for the Red Rock Dairy, The Oregon Ship Yard and later the Del. Monte Meat Company from which he retired in 1968. His community activities included serving on the School Board (1936 -- 1942), on the Fire Board and the Cemetery Board. Hilma was a gifted soloist and sang for many community events, wedding and funerals (at Young's Funeral Home). She was also very active in organizations such as Rebeccaa where She served as Nobel Grand and the Sherwood Eastern Star where she served as Matron. Hilma's hobby was gardening. Over the years she developed a truly beautiful yard which everyone in the community admired. Eleven months out bf the year one could see Something blooming in the yard. After his retirement in 1968, Mans joined Hilma in caring for the beautiful yard. Estelle noted that her father raised a Large vegetable garden which included a sizeable garlic crop: Estelle and Richard would help to care for this garden as well as for the rabbits and chickens . When the 4arlic was harvested it Was sold to produce Shops off Union Avenue and the money earned went to pay the takes on the property. TO: REQUEST FOR COMMONTS 6)/4 4._ , DATE: FROM: Tigard Planning Department RE: .1.1■11 ' • ' RECEIVE) PLANNING APR 4 1991 March 25, 1991 CPA 91-02 Request for Historic Site Overlay designation forthe Soberg/Gaarde House Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by , 1991. You may use the space provided below or attach a separate letter to urn your comments. ILyou are unable c2oemty_id b the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall 131vdr, Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: juaneRQjLtp ________ PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections; to 4t. Please contact of our office. 1.16,••••■■■■■••■• Please refer to the enclosed letter. Written Comments: 11414-44 a/I.e./44,44-e ..,,12■■••■•••00eSILIMMII 1.QhfiAtste,i-t". ij Name of Person Commenting: /4t4 Phone Number: 41 17 PROPOSAL DESCRIPTION FILE NO CPA 91--02 / ZCA 9 :L-08 PILE TITLE: G2 ARDE HOUSE APPLICANT: Ron and Mary Moberg OWNER: same 13755 SW 116th Pl. Tigard, Oregon 97223 AGENT: NA �..g®Ng4 LO to assign e Historic District Overlay to the above mentioned property. NE R-4.5 Residential, 4.5 units per acre) LOCATION: 13755 SW 116th Place (WCTM 2S1 3DC, tax lot 1700) COMPREHENSIVE PLAN DESIGNATION: Low-- Density, Residential NPO NO: NPO 3 NPO CHAIRPERSON: Herman Porter PHONE NUMBER: 639 -0545, 639 -0895 CHECK DECISION ,Q ENTE,,A1 r TO STAFF ..ON 1991 PLANING COMMISSION DATE OP HEARING: TIME :.7.: ti HEARINGS OFFICER DATE OF HEARING: TIME:7:0 • CITY COUNCIL DATE OF FEARING: TIME:2 °30, REQUEST T_ FOR COMMENTS AND ATTACHMENTS: VICINITY MAP ,�, LANDSCAPING PLAN x __. NARPATI'E ARCHITECTURAL PLAN SITE PLAN 3 OTHER: PREPARE FOR PLANNER APPROVAL: ADVERTISEMENT - TIGARD TIMES NOTICE O PROPERTY OWNERS TO BE MAILED LETTER OP MTANCE OF APPLICATION e c . NOTICE TO DLCD - ATTACHMENTS: STAFF CONTACT: Duane Roberta MEMORANDUM DATE: 25 March, 1991 TO: Duane Roberts, Community Development Dept., City of Tigard FROM: R.P. Matthews, consultant SUBJECT: Plan Amendment re Gaarde House historic designation I have reviewed the documents submitted to your office by the owners of the Gaarde House re their request for historic designation under the City of Tigard's comprehensive plan. In addition, I have reviewed the pertinent county documents, that is, WashJ gtoteounty Cultural Resource Survey and Invent ory, Phase 2, Incorporate ur.isdictlozsSeptetuber, 1984, and Washington county Cultural Resources Update and Evaluation August, 1988. Further, I visited the Gaarde House itself on 2f4.3.1991. Findings: '.The architectural description of the Gaarde House is reasonably accurate, although it omits mentioning the bungalow's Craftsman style detailing, which is a key element in its classification. Unfortunately, the house and garage were moved from their orignial location on Gaarde Road in 1990. As the original location is now a lawn, it is unclear why the move was necessary. By removing the buildings from their original 9 r y only site, their historic contextul integrity has been compromised. The �P'11 g thing about the move one can say is that the buildings were not moved far, and remain on Gaarde Road, so named, one assumes, because of the family's association with it. Architecturally, the house is significant given the demise of such residences in the Tigard area in recent years, There are other m0re intact examples of such modest bungalos 'with Craftsman detailing in the area, including a few in their original locations along Pacific Highway to the north of Gaarde Road. This form of residence was quite common in the suburban garden tract development 4,at rprang up around the nation along interurban rail lines and highways, Prior to World , !d war II; Tigard probably had many such homes. However, there are relatively few left now, and the Gaarde House is one, relocated as it is. The replacement of the nasorlry piers for the porch columns is unfortunate, but can be reveresed. The wooden railings are most unfortunate, as they do not fit the house in detail or scale. Historically, the Gaarde House is significant, but its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard rather than its actual builders. John Gaarde, the father of Hans, who built the house in question, arrived in the area and established a blacksmith shop in 1 893 directly across the road from C.F. Tigard's store. C.F. Tigard was the son of the pioneer iaamRgraot, Wilson M. Tigard, who had established a donation land claim in the area in 1852. C.F. Tigard's store, built in 1880, served as a post office and local meeting hall to the growing farming community of Butte, focused on the north -south Salem to Portland road. The U.S Post Office allowed the use of the name "Tigardville ", which . was in fact initially only a postal designation for the store. Gaarde `s arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community. Gaarde's arrival was also a part of a local pattern of ethnic German settlement during the 1890s. (Gaarde was in fact an ethnic Dane, but a Prussian subject.) The little community apparently attracted a number of Germans during this period, enough that a Catholic church was formed for them with German language see vices. ��� ' r he Gaarde family's arrival and settlement in the Tigard area represents the second wave of immigration to Oregon, which was facilitated by the transcontinental railroads. These "railroad immigrants" were typically northern Europeans, frequently Germans, and often care to Oregon from ,a other parts of the United States after their r nnitial immigration from Europe. The focus of development in the area shifted north to what became Tigard's Main street in 1907, in anticipation of the arrival of the electric interurban train stop that was built in 1910. with that shift, old Tigard, or Tigardville C.F. Tigard's store, Gaarde's blacksmith shop, and a few related buildings - was relagated to a secondary status, It represented the pre- suburban, country village phase 1, 1f Tigard's history. The Gaarde family maintained its presence along what bccame the Pacific Highway for over 7 0y ears; from 1893 until the 1970s, The original family home, and the blacksmith shop are gone, but the road now bears the family name, and the Gaarde House remains as a monument - albeit cut loose from its foundation µ to Tigard's origins and to the second wave of immigrants who contributed to the growth and development of the co$' munity, Recommendation: I would recommend that the City of Tigard designate the Gaarde House as a significant historic resource under the provisions of its development code for the its historic significance as a local landmark relative to Tigard's early development and association with the ethnic immigration that significantly contributed to that development. I would further recommend that the City look carefully at any future demolition or relocations requests regarding older buildings and iesidences that are not presently designated as historic resources. The relocation of the Gaarde House has compromised its significance without apparent need. r s r r 1 Y 3. Y *g:',.. Fa * 25 March, 1991 Mr. Duane Roberts Administrative Planner Community Development De pt. City of Tiigard 13125 S.W. Hall Blvd Tigard, OR 97223 Dear Mr. Roberts: Enclosed please find a memo regarding my review of the Gaarde House application for historic designati0n, including my recommendation for action Also inclosed is a copy of the professional service agreement you requested I return along with my invoice for services, also inclosed. Thank you again for the opportunity to assist you and the City with your historic preservati0n program I hope my review and recommendation will prove useful to you. Should you have any questions, please feel free to call me. Please let me know if I can be of service in future. Sincerely yours, R.P. Matthews 3404 S.E. 16th Ave. Portland, OR 97202 En I. . • rr- c s _ -S• • • • �r` c - 'f� c . _ _ b T _ S y ;a. i 't F _ . b' _ _ -': = _ 7' - _. _... % w, :. ..- _ im '4_.• - -?'..- - _. v�..Z.: y Ham. _ _ -_. __. . - RIP r � -n -' ? • 7 TIG DVILLE P March 11, 1991 ESERVATI I N SOCIETY To: Ed Murphy, naming Director City of Tigard Tigard, OR 97223 Prom: Tigardville Preservation Society Re: Soberg/Gaarde House--11333 SW Gaarde St The Tigardville Preservation Society would like the Planning Department to waive the tee for application of this inventory for the Historic Overlay District. The TigardVille Preservation Society wishes that the owner of the above property and the City of Tigard re recognized as the "true caretakers" of this significant structure for future generations. Rega13sla Barba a Lasselle 12175 SW Bull Mt Rd Tigard, Or 97224 CC : Duane Roberts Pat Reilly ;.� ,i "r r , i. , l:x +<, �' it -'.• sl, �...... d JI ' ;.� {.. :,, ...., r rY i�'q, - -i .r .. °r.rt,.��Y -S aJ.i ii fF. r. .� 4�1i}`.. �,.4..r +111; �i. •:h`i'r'�F.. �.. 5n il, .1 .'t ti.••- t li. .l`I ha y. ,..� }`��1:1. ..�.,� �,1, r,. ti'{r� .r, etFr -� p;! S� k�; ". i 1 ,.) �k r r,•Y. �t�Y , I,'4 rx' �.,1 l i. it; The GAARPE House 11333 SW Gaarde Rd. Tigard, Oil 97223 The Gaarde House was built in 1922 by His and Hilma Gaarde who lived in the house until 1988. The Craftsman -style house was originally located behind the present Elmer's pancake & Steak House, three blocks Jai/re Gaarde Street. in January, 1990, the house was moved to its present location. Lot size: 137 x 75' (10,000+ square feet) House size: 2,700 square feet Main Bent: 1,000 square feet (700 square feet finished) 1,000 square feet 2nd floor: r. 700 square feet o©ms: E3a6ernent: family room, laundry, full bath Main floor: living/dihing, kitchen/ butler's pahtry, breakfast room, two bedrooms, full bath 2nd floor: two bedrooms, attic storage ew systems: All er how oa ®o� o��er & ,�eS .. gas furnace New 52 gallon gas water heater All hew electrical Other: ;.t a �tornl windc�.�� all ar ®uhd 6asemeht Wlhdo s are large, wood, double -hung there o -pahe New fouhdatiohlbasernent NOV New �ishw� ..: .. aeher and garbage disposal New range hood Newly p ainted Rebuilt fireplace base and chlrnneya Ow ers ikon Mary 5o00g 639 -4508 yr 62 +2575 ■ 4, • 105,64 ...r4OW iMi WwWwo• ow ow wwww0 WI . 0*** Wo S. swiwoomi M. 00 00•00* 00 OS Wwww* 00 WI 8.400ftwif 00, 010 0004.1•00 00 Woo Of000000 M * , olow* drowwwolo Wit Womewire 00 Wo 31.95 0,0•80* 00 00 ***0 woo 01, 00000** 00000101 1 I 1 , 1 " 1 A 1 , 1 I I ' ' e r I% I 02 p1/4, 1 I t 1 I i g r r I I 1 r 1 I I r $ r I I r I I 11333 ,i1 GAarole Strvei I r LtIT 5 VIevimouni Suloolivbn s I 1 ___,,,.... -_---._--.._...,..,,w_,-_,_.-.,_-_.- ...a...AA, --, 14 i oft* GAARPE S:TIT: 4, WS insiosan•• iri p. 0 _sea E O cc C 0 C U) U) z 0. U) U) U) a a C o C o _ N 0 Lu e3 m :C O -C 0 _- o..c mCD c o 0 as a_E E E GAARDE Jorgen - (John) Nissen Gaarde was torn on September e30, 1864 in Gabel, Schleswig - Holstein, Germany. He was a Dane but that was the year that his birthplace was reclaimed from Denmark by Germany. At14years of age he was apprenticedto a blacksmith for 4 years. He wanted to leave the old country at 18, but he was required to: serve inthe German Army until he was 21. His service must have been onthe order _of- our modern Para Medics. if a soldier was ill then., he had to report it befog 5 a.m. John was punished, he spent 10 days in the guard:hauseforbreaking ranks. His very sick headaches never seemed to develop before 5. His training served him well after he settled in Tigard. His first job in this country was :moving rock at- Catalina Island in California. Later he went to work forthe'DruckTool Company on Front Street in Portland, Oregon. He made wood splitting tools there. The tools were used in lumbering. He lived in Garden Home with his sister. He started a blacksmith shop there in the early 1890s. He married Matilda Rasmine :Pederson who was born in Bernstofminde, Denmark on October 15, 1873. The couple was wed on December 16, 1893. John had :bought out Mr. Cooperstein, -made a home and set up a 'blacksmith shop in Tigard :earlier that year. He had to borrow $200 from a neighbor who charged 10% interest. He needed the money for bolts, iron and °other= suppliesto start his business. Many years later he showed the itemized bill paid in full to J.E. Hazeltine of the supply company. Mr. Hazeltine traded '.him a box of - cigars for it. dt2 S A111t3l031i John Gaarde Blacksmith Shop. John Gaarde right of door,` Hans; standing: by hisfather. John Gaarde family old home and entire family. Hans is in doorway. The John Gaardes had 4 children, Anna who married William Heilman. She was born in 1894. Elizabeth, born in 1899, lived only 3 months. Hans born February 6,1901 and Marvin who was born in 1907. Lew Francis of Tualatin installed and maintained the Tigardville Telephone Company which was completed on February 7, 1901. His team of horses, his wagon and tools were left at John Gaarde's blacksmith shop on Sundays. One Sunday, Hans, age 7 or 8, put on Lever's belt and climbers and unobserved, reached the top of a pole only to find that he was unable to descend. His father managed to rescue him. This telephone was a neighborhood co -op company which covered Tigardville, Tualatin, Sherwood and Beaverton. There was more line than customers at that time. The exchange office was a little two -room house located where the Grange Hall is now. Hans Gaarde was born February 6, 1901, the day before the telephone was in service. John, his father, had to go to 2 Beaverton for !:Dr_ 'Robinson who arrived too late. Hans was already here. There was no Tigardville mail delivered at that time. All of the mail routeswerethrou,gh Beaverton Route or Sherwood Route 1. Tigard Route 1 came into being in the late 1920s with :Bob Cole serving as mail carrier. Hans Gaarde first went to work in his fathers blacksmith shop. Later, he and his father did automotivework on early cars, selling gasoline for 10C :a gallon. In 1920 Hans went to work for Red Rock Dairy which was bought by the Kraft Cheese Company in 1927. He remained with this company until 1941 when he started working at the Oregon Ship Yard where he stayed for 4 years during World War 11. He then went to workfor Del Monte Meat Company until his retirement in 1968. Hans Gaarde was on the Tigard School Board from 1,936 to 1942. He hired Vern Bishop as Principal and °.Errol Hassel as sixth grade teacher. Both of these men are living in the Tigard area. Hans recalls many times when his father was called out to attend injured persons in the Tigard area. Mr. Kiemeler who 3 d129 S.Aill181031 lived on Bend Road was riding on top of a wagon load of loose Marvin Gaarde married :Ethel Hugh e . hey have a son, John hay. He slipped off the load and under the wagon. The wheel ran Gaarde and three grandchildren. over his face pulling one cheek off. The team stopped but the injured man was unconscious. Two neighbors passing picked him up that night and put him on Burnham's front porch. They thought he was dead. Just in case there was a spark of life left in him, they stopped at John Gaarde's to report the incident. John took his instruments in a little bag and finding Mr. Kiemeier alive, he applied a cleaning solution to the wound and sewed it up. He covered the injured man and took him home. There was only a small white line on Mr. Kiemeier's face later to show where the injury was. Another time John was called to six corners to help a man who had run off the road into a filistipping a steam engine over onto himself. The poor fellow was beyond help. Bill, a young employee of Harry Kuehne was moving a tractor after dark. He didn't see a soft fill beside the road near the Spousta place on Tull Mountain. The tractor overturned, pinning on arm and one leg beneath it. During their hurried efforts to help him, his neighbors tipped the machine off him twice but it slipped back onto the victim. Bill knew that John Gaarde was on the way so he perservered until John could help remove the tractor and give first aid. Anna Gaarde Heilman and her husband, William, have a son, Robert. He married the former Donna Jefferson. They have three daughters. Carol is married to Russ Lawrence. They have a son, William. Joyce works in the insurance business in Beaverton and Sharon attends High School in Salem. Hans and Hilma have a son, Richard John who married Dorothy Huntsinger. They have three children. A son, Richard John 11 who works for Tektronix in Beaverton. Two daughters, Linda who attends the University of Portland studying nursing and Karin who attends Tigard High School. The Hans Gaardes have a daughter, Estelle who is married to Paul Rasmussen. They have two children; a daughter Jan, a dental hygenist married to Tim Bain; and a son, Tom, who was graduated from Lewis and Clark College and is now employed at Pacific University in Forest Grove. 5 441115 _A1l13I031 f.. ..i H,t �.... [Page Too Large for OCR Processing] POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. ATTIDENE' $ AT LAW 19ALWW & WRIMIT BUaD1 NG 1727 ,N.W. Hoyt Strut Portland, Oregon 97209 TELEPHONE: ($03) 222 -4902 FAX: ($03) 243 -2944 DATE: December 21, 1992 TO: Patrick J. Reilly, City Administrator Ed Murphy, Came - nity . Development. ' Director FROM: William A. Monahan, City Attorn y ®e Office, ,E® empro C f ,u CA A76466 Attached i3 a copy p Judgment Court Of. of the Appellate �'�c� snit o� the to pp pY to �. Appeals which at'�irm�v�.. �a:itho ��° opinion the decision in the n opt Cit i r matter. The effective date of the aVidgment is December 181 1992. Nike Robinson is on vacation this week and will return on Decem on �- ,:aaer 281 l9 S 2 . ' At that time he Will l revi the judgment portion et�s ��e m�aney ud of this Judgment axed determine an a pprop riate course of action. Wpm �d 12/21/92 Att. .�c ent cc EMh �el C. Robison westlitietrvAdaverpsitatan —., PILED: October 21R, 1992 THE COURT OF APPEALS OF THE STATE OF OREGON Petitioner, , LUBA 92 -O78 CA A76466 ) ) ) Respondents. ) CITY OF TIGARD, TRIAD TIGARD LIMITED PARTNERSHIP and ROSS WOODS, Date argued or submitted on briefs: October 14, 1112 Before: Richardson, Liresiding Judge, Diets and Durham Judges Attorney for Petitioner: Marge Davenport pro se Attorney for Respondent City of Tigard: Michael C. Robinson Attorney for Respondents Triad Tigard Ross Woods: No appearance AFFIRMED WITHOUT OPINION DESIGNATION OP PREVAILING PARTY AND AWARD OF COSTS Prevailing party: Respondents [X] No costs allowed Respondentsl Triad Tigard Limited Partnership and Ross Woods. e [X] Costs allowed Respondent City of Tigard, payable bar: Petitioner MONEY raUDGMENT Jdgment T. Creditor: CITY OF TIGA RD ». Debtor: MARGE DAVENPORT Costs: $160.00* *$60.00 of this amount to be paid Attorney fees: - Q �o . STATE TE COURT ADMINISTRATOR TOTAL AMOUNT: t, 6 0.0 0 Interest: Simple, 9% per annum, from the date of this appellate j Ucsnent . IL BAC tuaK L., BUSai CHMILES F. cOIUUG * STEPHF!I F. CREW MANES M, GREEFF WILLIAM A. MONAHAN NANCY B. MURRAY MARK P. O'DONNELL TIMOTHY V. RAMS slmnA C. , Y* WILLIAM J. STAM Ea RA1v1I- : CR W & coRRIG ATFORNEYS AT LAW DALIDW & WBIG ITII BUILDING 1727 W.W. Hoyt Sit Portland, Oregon 97209 HONE: (503) 222-4402 FAX: (503) 243-2944 PL's SE REPLY TO PORTLAND OFFICE EIV D OCt . cutaumAs COUNTY OFFICE 181 N. Grain ,Suite 202 Unaloy, Stan 97013 (503) 266 -1149 Mr. Patrick e Reilly _ ty of T` Ord P. Bo: 23397 Tiger , OR 37281 Please find enclosed a of Appeals on Tuesday. a Party am are Pro se. copy of the brief we filed with the Court The rules do not allow oral arneft ulhen Therefore, we should get an ()Pinion ai Y soon without oral ardent z will Xeepyou informed on the status of this matter. Very truly Yours, O ° DONNELL, I IS F 't CR/ dd cc: Mr. Ed MurPhY (w jenc) Timothy V. Ramis, Es q,. (W/o eno)' u.Airitors‘90046atonyxtu Enclosure ATTORNEYS AT LAW BALLOW & WRIGHT 13UI ING 1727 W.W. Hoyt Suva Partla :ids Oregon 97209 TELEPHONE: (503) 2224402 FAX: (503) 243.2944 State Court Administrator Records Section Supreme Court Building 1163 State Street Salem, OR 97310 Davenport v. City of Tigard and Triad Tigard Limited Partnership and Ross Woods YOUR FILE CA NO. A7'466 OUR FILE : 90046 -4 ENCLOSURE : Original and 20 copies of the Respondent, a Brief (Judicial Review of a Final Order of the Land - Use Board of Appeals) REQUESTED ACTION : Please file the Respondent's £ rief and mail the enclosed post card to our office. Very tru lY Yours/ O ' DONNELL, RAMI S , CREW ,A CORRIGAN Michael Co Robinson MCR /dd Enclosures cc: Marge Davenport cw /erlcl) Steven L. Pfeiffer, Egg.. (7 /encl mcr \bgard\900464\rtappeal.lt STATEMENT OF THE CASE , Material Facts o e e • Questions Presented on Appeal. SUMMARY OF ARGUMENT . o e e RESPONSE TO FIRST ASSIGNMENT ERROR • • LUBA correctly concluded that substantia . evidence in the whole record supports ` the C{i y determination that the extension of S•14. 109th Avenue would not affect an inventoried Gal 5 resource. CONCLUSION. e, e e r e o 0 0 o a o I, o m er a . ,i a i0 a o e APPENDIX 1• o o e e o s o e e d o o a o e e M s s e', s App .s. oft v. Q a g 107 Or Apn 619, C1. arakgm Gain, 313 Or 508, ,_ P2d ___ (1992). Oreaan ..&y, 92 Or App 1, 757 P2d 433 (2.988) a S avo rt v. City. Qf idaxd, Or LUBA CLUBA NO. 92-078, August 11, 1992) . Lim v. Jackson 56 Or App 619, 643 P2(1 355 1,182) . . • C it : die fed ak an County, 57 Or App 155, 643 P2d 1353 (1982). aid pa , C�a�egam State Pa�� ��.Es��a�.���. ®� . rtl�nd 96 Or App 202, 722 P2d 437 (1989) ; . a Pa -tl.and v. Bu eau o abo nd raa3 e , 298 Or 104, 690 P2d, 475 (1984)` to v___. e ] e 241 Or 465, 406 P2d 902 (1965). e Sete, v. 1lx.e"a„i, 93, Or App 328, 755 Verret Deaup , . 49 Or App 801, 621 P2d 598 a� v. a icartlane, 305 Or 346, 752 P2d 262 (1938). STATES ORS 197.830 (13) a . . • ORS 197.830(13)(b ,. ; ORS, 1917.835(2) ORS 197.835(8) (a) (C) ORS 197.850 (8) ORS 197.850 (9) Respondent accepts petitioner vs statement of the case with the following exception8 0 aztea d.a Facts. Under "Nature of the Case" petitioner argues that the Land Use Board of appeals ( "LUBA") was confused by an "erroneous new prepared by city staff which resulted in incorrectly locating West /East Meridian of Little Bull Mountain." Pet. Br. 1. Petitioner did not challenge the inclusion of the map in the t co , i', be erroneous. local government record nor did �TJI�3A ,F�aa� it to In addition, petitioner did not previously raise the issue of locating the West /East Meridian. Petitioner also includes in her brief a page froti,k the local government record which has been altered. Pet. Br. 2 This page as altered did not appear in the local government record, so it may not be considered by this court. Petitioner argraee on that the Little Bull Mountain Summit is bisected by the extension of S.W. 109th Avenue. Pet. Br. 3. g properly y section of This is argument and is not rc� erl located this se the brief uestions Presented o ,A►'pi eat. Petitioner incorrectly chase; »terizee the City s argument as to why the challenged land use decision did not conflict With Goal 5 reso urce. In its brief to Lip, the Oty /*so w.,. t only argued that the S.W. 109th Avenue eXtension Was outside of any inventory Goal 5 Tceeource, but also that the Little Su l rigid Go' Mountain _ � a not -a separately inventor a1 5 resource ...►alt �►� .. site. Dec. 172-176. Moreover/ the City arguegi that the Goal fLO element of its conprehensiv \ plan anticipated some conflicts with the resource sites. Rec. 176. Petitioner incorrectly states that the Little Bull mountain Summit is an inventoried Goal 5 resource,, Pet. Br, 5. Petitioner also incorrectly states that the City did not take into account the topographical ap, in the Tigard Comprehensive Plan ("TCP ") In fact, the city did consider the topographical mart. Rec. 17 4,, ,, In addition, the pet itioDer contradicts LUBA' s opinion that Little bull _Mountain summit is not a Goal 5 resource, site. Pet. Br. 6 . LUBA agreed with the City that the Little Bull Mountain Summit is within the Little Bull Mountain Natural 'ores .y and is not a separate resource site because the summit is not one of the 20 sites identified on pages TCP 1 -96 through I� 108 Rec. 236. Petitioner's argument about the value of the summit also contradicts LUBA's findings. Rec. 241. Finally, petitioner's statement that "it is clear that 109th extension will cut through n g � ral Forest dividing this the Sul�.'t and the �a"�u Natural Forest in two" is contrary to the finding of LUBA. Pet. Br. 7. All of the above points are argument and not properly located in this section of petitioner's brief. SUKK max , The court should affirm LUBA. The petitioner incorrectly argues that ORS 197.850(9) (c) allows this court to remand or reviesv LUBA 's order in this case. ORS 197.6150(9) (c) provides for remand or reversal only where LUBA has niade f .nd.ngs of fact pursuant to ORS 197.830(13). ors 197.830(13) allows L to maize findings of fact; concerning disputed allegations of unconsti t3 oria zit , standin g e�� part contacts 0 0 t%er procedural irregularities. LUBA made no such findings in this case. Otherwise/ LUBA is bound by the local government's findings of fact for which there is substantial evidence in the record. ORS 197.830(13)(b)- record contains substantial f=vridtnce to support the City's determination th.hiit the challenged land use decision would not conflict with any Goal 5 resource site. Petitioner assert that the City "confused" LUG. with an . "erroneous-tie new map. That nap is part of the local government record and LUB A was entitled to rely upon it in making its decision. Petitioner also raises new issues concerning the location of the West /East Meridian which she did not raise below atd which are now barred. The City correctly determined that the B.V. 109th Avenue extension would not bisect the Little Bull Mountain Natural Forest but would, instead, pass to the ` east of it and Little Bull Nountai.t Summit. Moreover, the City's findings show that thE' TCP anticipated some conflicts with the Goal 5 resource sites. Petitioner's argument that the Satt?er Street extension would bisect the Little Bull Mountain Natural Forest was not raised below and is also barred. LUBA correctly concluded that substantial evidence in the whole record supports the C'it v s determination that the ecten ion of a.44. 105th Avenue would not affect an' inventoried Ghal resource. This case is a le islatiV ision amending th This ° `v'e ded� ° ` to eXtend S.W. 109th AvenUe send to ' designate it as a minor' collector. Rec. 233. The aute concerns the City9 s interpteta'tioi of the amendment ®s impact on Goal : resou ace, r, r. sites. In its f i*^.a`ings [attached as Appendix I and . part of the local government record (1°L.CO Rec interpreted the TCP to mean that t 22 to 33], the City the Little Bull Mountain Natural Forest (D'forest °') is an inventoried ied Goal 5 resource ss te but that the Little Bull Mountain Summit ( ":summit" is not a separately inventoried Goa. 5 resource site, L, C!. Rec. 23, The City also relied on a map in tale record in � relied p � �` finding that the S.W. 109th Avenue extension , lid not impact the forest. L.C. Rec. 30. LUBA affirmed the City's interpretation. AN:_ti�'1„ QX Y. Cam` of TicgAEg, Or LUBA __._ (LUBA NO. 92-907 3, August 11, 1992). LUBA agreed that the Cited ° s findings adequately explained the location of this resou rce and that the forest would be unaffected by the extension of B.W. 109th Avenue, thereby eliminating any potential conflicts beteen the challenged decision and Goal 5. Rec. 239, 240. The City's interpretation should ;ae upheld because it is not cont, ary to the express languagm or the purpose and policy of the TCP. Giar .y.a, county/ 313 Or 5081 515 , x,0,4,_ P2 d (1992). The petitioner .z ' that LU8P° s decision is unsu p parted by substantial evidence in the whole record for two reasOns, neither of which Aay be raised on appeal. Moreover , the petitioner may not challenge LUBA's of ir tanC a of the City ° s findings secause the y Are Eup. Ported by zu, b stant as l evidence in the whole record. "Generally, our review of LEA' a disposition of 'whole record' substantial evidence contentions is coli' ined to determining whether LUBA has properly understood and a :plied the 'substantial evil ,anc , test Of DRS; 1 .83V, 8 () ( L, uncr_..'v. City if P�rt�.andp 305 Or 346, 360,' 752 -P2d 262' 1988)." Oregon Sate. Faxks an `' j, ec ration y. lC:ity of Portland, 96 Or App 202, 206 772 P2d 437 (1',989); Cusm c$ty ' ®f ©reaon Ci 92 . Or A � 6 757 P2d 433, (1988); ORS 197.830 t13') (b) • App r (LUBA is bound by any finding of fact of the local. governrent there substantial t evidence in the whole record). for which ,there s First, the petitioner arguza that a "new map" prepared by the City and Included in the record is incorrect: Pet. Br. The challenged map is an aerial ; photograph and' is found at page 30 of the local government record,. App-9. The map shows the road extensions the pe L itioner is opposed to, as well ap the forest. The petitioner did not challenge the disputed map before LUBA. (See Rec. 33 -34, petitioner's- objjeotions to the record which do not mention the map.; The map is, therefore, properly in the record. The map constitutes substantial evidence because a reasonable person would rely upon it in reaching a decision. pit Qf ,ED.ria; nd T abo an z dd . 298 Or 104 690 P2d 475 (1984) . As LUBA pointed out, the map is ' a graphic illustration, of the TCP's text, Rec. 237, and resolves an ambiguity ih that text. LUBA correctly included that the "nap supported the City's findings and ejected the petitionerds analysis cf the TCP. After weighing 'both supporting and opposing evidence, LUBA f oUnd that the extension of S. W. 109th Avenue would no conf lice with the forest. Rec • 239 , 240 . TiU '3A D therefore,., made,. a decisipn supported by substantial evidtkrAce in °the, gho ord.. 'Yo pct r • a h- iu ;petitioner` has supplemented her brief' with a deer .,anent' which doe, not appear in the record. : Pet. Br. The map shown n that page is in the record but petitioner has altered i to' ee. 201. The Court should ;, not consider the altered page. Vera et,_�,v.; 9 Or App 801,, 804, 621 ; P2d 598 (1980) city j.alloiss_d v. ' Jackson_Courity, 57 Or App 155,. 643 P2d 1353 (1982); ORS 197.850(8) Second, the petitioner argues that ;' correct placement of the "West/East Meridian " demonst.rites that S.W. 109th Avenue would cross through the f{, ;Test and not to the east; as LUBA found. ` Pet. Br. 10. This issue was not raised before the City a.hd ', therefore, waived. y.` Clakmas County, 107 Or App 619, 813 1'2d 1078 (1991); ORS 197.835(2) The Court may not consider issues not raised below. State v. Abex, 241 Or 465, 467, 406 P2d 902 (1965) ; State v._ M'e a' h, 91 Or App 322 331, 755 P2d 133 (1988) ; ORAP 5 45(2) Substantial evidence in the whole record supports the City's decision in this case. First,; LUBA agreed with the City site pages s interpretation that only the 20 � sites shown on a es 1 96 through 1-108 (the appendiX of the TCP) conrstitute inventoried Goal 5 resources. Rec. 236. Thus, only the forest and not th t: a summit) is a separately inventoried d Goal 5 resource. Next, LUBA addressed but rejected petitioner.. argument that otb er pages in the TCP show additional reSOUrcoD sites. Finally, LUBA conc1udad that the nap challenged by petitioner resolved any gu �y r 37., LUBA* oohed an ambi it n the TC�'. Reo 2 ;. At theref ►re, did not fail to base its deciSiox on s abstsntiai r "� ° IAA J • evidence in the whole record. The petitioner also argues that LUBA and the City) incorrectly determined that S.W. 109th Avenue would Paso over � Ilse summit. get. Br. 12. To the extent the, petitioner is �' s decision the Court does not review local challenging the �A� � decisions P2d , de novo. _... (1992) Ange ,, 113 Or APP 1691 The record bef of a LUBA contains substantial evidence showing that S.W. 109th Avenue extension will pass east of the summit Rec. 240, 241. This ,:onc1usicn is supported bye topographical and vegetative information contained in the TCP. G. Rec, 23 -25 . " LUBA also concluded that the summit was Goal o cal 5 resource contrary to petitioner's assertion. Rec. a 241. LUBA - orreCtiy determined that the road would not f if ect the summit and , Sven if it did, its value as a resource site is . for the view tX2Me not of, the sum .it. ., Therefore, S. \4. 109th Lvenue ∎Would not affect the Purpose for which , t 1 po 'he sumlit is discussed. Petitioner' s final. ,argument is that t,n sattler Street extension will pass through the forest. Pet. fir. 2, 3• o Petitioner did not raise this argument before LUBA., so it may not be considered on appeal. Mate y., cowU The city correctly interpreted the 1CP to find that the challenged decision would not affect a Goal 5 resource site. The City's decision is Supported by y subs t ant a 1 evidence in 1 However, this is msre than ,Mec,�ired becausee` stiastant evidence is not test Zs,- legislative decisions. /Ana ackson .Coin; 56 Or APP .,:619;. 625-626, , 643 P2 ci 355 (1982)* s r • d eh a remand oi� ; e 'vers'e A baso. on findings e petitioner ,,also raa sits new issues reasons why LUBA m s order shau City's decision is supported whole record, this court should; be overturnei substant a DATED this 29th day of September" BAS s . order. 992. S. CREW & CORRIGAN Timothy V R mis, 0-"El #75311 r1iehae1 C. Robinson- DSB p 91® 6)f Attorneys for Respondent LEGIBILITY STRIP 1 CITY OF TIGARD. OREGON ORDINANCE NO. 92-4) AN ORD INAt9CE?'.MENPING ORDINANCE 91 -22 AND APPROVG AN AMENDMENT TO T SIR COMPREHENSIVE PLAN TRANSPORTATION MAsP BY CHANGING THE DESIGNATION. OF NAE V FROM' MINOR COLLECTOR TO LOCAL AND BY ADDING A MINOR COLLECTOR CONNECCTPI0NN' WAX AND 109TH AVENUE AT MURDOCK STREET TO PACIFIC HIGHWAY ,OPPOSITE ;ROY �, 1 = 'H AVEI�aJES NORTH ,OF' i�IOO�DVIFW A LOCAL S1R�ET CO NNECTION BETWEEN GOTH AND 109T DRIVE AND DECLARING AN EMERGENCY (CPA 91 -0002 REQUESTLf`, BY' NPO „-HER, AS the request is to amend the Comprehensive Plan Transportation Map as follows Chan the designation of Naeve Street from minor collector to loyal. .e_ Add an extension of 109th Avenue between Murdock Street and Pa cfH Mighwas and designate 109th Avenue between Canterbury Lane an. d 'a minor collector. 3) Add a _ local street [minor collector) connection between 100th and 109th _ Avenues at a location north of HoodView.Drive. WHEREAS on ire. °ember 17, 1990 the City Council authorized NPO ©� atic►n itiats cons ideation. of a Comprehensive Plan amendment focused , transp in the area of 109th ;Avr,.nue and NaeVe Street, WHEREAS, NPO #6 has dev&Loped a proposal to address traffic Little Bull Mountain area: the Planning Commission heard the CPA 91 -0002 proposal et its regular WHEREAS, g h .e 1,ng on July 22, 1991 and xerom ,fed [s ] _e_d approval and als o recowtend C s] ed deleting the last sentence of note. 10. �ti�l-]EREA the .Cis Council_ ado ted 9 1 2 2 et AuWust 13. -; 1991,. aopr0vin% GPA 91- 0'002. -.__. nsive Pldn lrans»ortation Map amendm w ent ,s .an eked to the Ore�'onSLand� Use_Board of A iggals (Li $A : LUBA Nos . 91 -133, and- 91- 37_; LUBA rA nand nuar` WNFP.EAS , ed the decision to the: City for recons�.deraton�on Ja 28, 1._._992•: concerns in the NOW THEREFORE, SECTION 1: The relevant criteria 4t this case Economic mplementation Strate y_l , 1.1.1 a 2.1.1, [and) THE CITY OF TIGARD ORDAINS AS FOLLOWS: T - The p o osea is consistent With all relevant criteria as noted belOW: P are Statewide Planning Goals. 12. and Tiga,. :d Oomprehtinsive Eyµ + rolioies and applicable Community Devel0Pale, nt Code ,sections related to lepislati.Ve plan Amendments. The proposal is consj*,stent With the applicable' Statewide Goals ba cd on the following findings: 1.,:i14'"' 1, Citizen Ihvolve ne ' :, a.s met base the City'has an adopted oititei� . Goal involti enenL Program' which inc l. udes tAV,itt4, At)f land tne aPl 1t(attcns b ORDINANCE No. g2 tea No 92, -07 8 Exhibit 0 , ..4 Fags N� p-1 r. V �j • neighborhood planning organizations. In addition, this ''pxoposal h :�: sv...:t reviewed in Public hearings by the Planning Commission and by' thy:;•, Ci . Council for which the public has been properly notified. obal 2, Land Use Planning, is met because .the City has applied: a11..- relevant Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirement in the review of this proposal In addition as explained with reference to Compr' .pensive lPlan .olic 8 1.2 the Cit has' coordinated :ts1an with the .fans of •otentiall affected governmental units by soliciting from those governmental > units comments on the proposed amendment and considering any comments received. Goal 5 0 • en S aces Scenic and Historic Areas and Natural Resources' is met because: a. Pursuant to the requirements of Statewide Planning Goal 5 the City,,,n f Tigard has inventoried Goal 5 resources and designated in tL4 Com r`hensive Plan those Goal '5 resources that it has determined to be significant. (Comprehensive Plan Vol. I, pp. 94- 109,) The City's Comprehensive Plan, including its Goal 5 provisions were acknowled ed by the Land Conservation and Development Commission on ,October 11L 1984. b. There are two designated Goal 5 resources that are within the vicinity of the streets that are the subject of the 1.►roposed coxriprehensiva plan amendment the Little Bull Mounta .n Natural Forest : and the Kal lstrom Fir Grove (aerial photograph. Exhibit A) The precise locations of these .,resources were . confirmed by the ity' s planning staff by comparing, deSCri_ptions of the resources' in the comprehensive pistil with aerial photographs .end observations from the ground., To other dezigated Goal ,5 resources are potent ally affected by the proposal . The "sur,,init of Little Bull Mountain" is mentipned as "special area'_. and an area of sc.elic .value in the city_ifatur ,) F� •�'^atures' and OPer S:dace Comprehensive Plan eport. (See Comprehensive .Tan Vol. I, n., 42) . The summit area of Little Bull Mountain, . however was not identified as .a si nificant. Goal 5 resource. with the .mtce tiion of those resources included within the _,designata.on of thye Little .Bul1. Mouritain _Natural . Forest. Therefore . Goal 5 is r;ot anp,l.icable . to the, genera discussion of the summit area in the na;tu7;a1 Features and Open Sy_ace Comprehensive. Plan Report ..::Moreover even were Goal 5 applicable, . there is no credible , evidence .that any of the asserted Goal 5 resources of the _ summit of Little Bu 1 Mountain would be adversely affected by `the„p'roposed clan arcaendment.. The Comprehensive _ Plan .identifies the :. Little Bull Mountain Natural Forest~ as _. an . area of ,`..mature coniferous trees on tie' wes , side of Little Bull Mountain; (Comprehensive Plan 96.);:....The fo ause Lt eras determined i�nated _as.a.Goal.S.resource:be�r' to be "an out ^' standing.. scenic ::site:" ..(�:d: 5 The Comiax. �heasive: Plan . explains that the seenic.value of the s te ste ®s f ,e the. of ua� landmark provided by the large stand, of mature :coniferous trees at . a\ elevated location within the City: The proposed comprehensive :,plan amendments 'do not adversely affect the Little_. Bull Mountain ,Natural Forest. The forest. is located on the west Bull Morur:ta_in ' As shown b ,bi.t A and the relevant a piannin Little maps and the .. doeutnents cr n the r street. al.irnments. p,ronosed local street Bonne t' between 109th CRDIA.NCE r:o c 92- I Exhib$t 'a'ge aPP- e. Avenue and 100th. Avenue lies C'S tli rij._ y on tLe east si4.e of Little Bull Mountain. Thus the roposed connli ctiott we'lla not travel throuji the foret or impact the integrity of the fora t'. , Moreover because the forest is elevated, because, of the top��,ran f of the area_ because of the :low relief of t±e••corinec any trees will 'be tion and because few' -if removed the connection would not interfere with .any scenic views of the forest. Similarly, as shown by the relevant ` olannins� mans and the doc.inents' describing the pro op sed street alignments. the proposed extension and rel i anent of 109th Avenue lies ' entirely to `the es+s t ' and south of the forest. Moreover. at its northern end in the vicinity of the forest J. is within' its exi.._. stin,�ri_,eltt -of- trle�•oposed location of . Oath Avenue i way. Thus the extension and_realitrnment would not travel throuvh the forest or otherwise impact the character of the forest. And, a ag . because of t000 rash and the low relief of the street facilities; constructed es a result of the Extension and realignment, the,,extended and realigned �t n scenic views of the reef would n traffic For the same eas rc rV ffic pat erns or fore.:. ons ,_ any change in t interfere with an o Y g volume caused by the proposal. including street reclassification would_nqt interfere• with the views of the forest. f. The 7. • t�t,le Bull. Mountain Natural Forest is desi •Hated as a Goal 5. resource , solely for the scenic, values provided by the mature conifor,ovs trees within the forest. The forest is relatively_ smal] and isolated- is ad'acent.to a ma'or four -lane arterial. Highway 991.71, and , ehfnsive ?1�n urban areas that has designa� defo by more intensive development inGthe future. The has. d..si - . Natural ._ - Litt le Bull Mountain N Forest is not designated as a significant wildlife habitat area and wildlife within the forest was found to bo.,e . limited to small birds and animals. (Comprehensive Plan. Vol. 1. p.96 g_ The Ka1llstrom Fir Grove is a row of mature Douglas fir trees located d'„ - neighborhood. ''..12.,e) a scent to 100th � n fi are' Visual nand M Q„ move is designated t ., Natural r resource." LComvrehens ve Plan; Vol . 1 n. 106. _These resources stem, from the visual landmark provided bv_ the _Doti las fir trees . which are described as _ "the on] .y' maj oil stand of_ Douglas Firs on the south side, of Little Rull Mountain. The only potential _conflict that the Plan .;identifies with surroundin,.g, land „uses is the poss503ility that the trees mjght be cut down to make way for future development -. (Id.) h._ The proposed comprehensive l�,.an.amendment could :only have an adverse between i09 l� from Fir Grove if : connection theeC ro osed east-west c and natural values _of.. the . Kallstrom and 100th p p Avenue realised the trees :o_ be c'ut down :.or otherwise. daBtaged the al ,photographs ear trees h in the rove . is _an . and,, � trees �s shown on aerial Qu h the . o rop' sed proton amendment does that wind parallel, not srec-f :..the revised v s ,pro, connection, location Q, � futu "� °e connection Exhibits A and C as well, �as - L- ie or:: dama� t ee rh ec' ai rs�. r. up , a e m. o,.o. n osm t r, at. o t... e _ ..:: that t h; l e future connection will . in � ,_ area e t i r l y outside 'h Y zrte. e and that he future uture connectxo t� .an be aocaked e o a c9 requite. in the Tha prop . connection up to 5 every . hundred feet from t rove and ae a a to the rr *s nce a �rence zu£f�:crent dYStance to ni,eue,�t d�a�,�r ti,th their, scenic. :�valu . ,o of her, nitti .�j o '. .tr _' $ ��- their � t � cs;� ia� feat:u�,_ e r �. on �.i ch n the would constrain the location of the ri� a�r� srtl +rrdnt�ect,� _,,,, ORDINANCE o y 92 Luba. No App--3 inal'1.y even i f contrary to these findings. the _proposed th endrents to the trans ortation plan were in conflict 14th the Little Bull Mountain Natural Forest or the Kallstrom Fi,•�,rovEL,," the conflict would have been antici ated and resolved by provisions of the Comprehensive Plan. All of the areas included^ in the Little Bull Mountain Natural Forest and the Kallstrom Fir Grove are designated by P nt, the Comprehensive Plan for. future residential devF ►.lo me The Plan' s Goal 5,aal, sis notes that future development ma create conflicts with these designated Goal 5 resources see Com„Qrehensive P1 an, Vol. pp. 96 -97 106 -107 and resolves the conflict as follows: 1. � esoly .ct sim.f% can: wooded areas are identified and mapped; The olicy of tnz Citv' s comprehensive plan is that these p . in as much as areas will be, r,eserveo In -'a natural state a, t\ bu' ldin setban,?�s scree yment t slandy � glop possible eark nxr,1` grl ttd._ i:�to the dgPsx on development of -way_ and 1'andscaping areas whenever possible. If it is necessary to remove a portion or all of the trees the replacement landsc pe features shall be subject to approval by th � applicable approval authoti.ty. •• (C omprehensive Plan. The Plan expressly reeuires that "development proposals in designated timbered or tree - .areas be reviewed through the planned develent process to minimize the number of trees removed." (Plan Policy 3.4.2 .b Moreover even with respect to developmei proposals that are not in _g Development Code T��DC re uires all new developments and ajor designated timber or tree areas the Ti •and Community major mos'lifcations of g u g p - . existing develo ments to and er b..velo meet, e o ovis ions require. ire . amon other .thingsTCthat 18.120.180:,x:1.1: These r a g e. the tree removal be necessary and that the tree removal will not adversely_affec.t_ the aesthe is character of .th{,t arca. See . TCDC,_ , 18.150.030.A, The. City s acknowledged Comprehensive and :n partiriar Plan residential davelo�me anticipates that .development. --- nt and associated _roadyr yj ....teal. create conf" ;icts' with the desi nated' Goal, 55, resources in the Little Bull fountain iatural....Area and ' the l Kallstrom Fir Grove. Followi,ng the: requited. Gcal. ;►analysis however: the Plan ect t to conditionaal__�ly chose not. to abso utelj�,prot these resources but. t: Protect ,them lZy regua.rxn scrutthy of ,development, r.otosals to ensue that the bO , tnini.mi.zed,__ Fox these reasons reve if trees contra through to th'- f' nd`n• "s above development was . e t�►e ► xu • used amendment y nated Cos resources the ex�g Comrehens iv ee Plan has eC nti Q ted and. resolved ...,.._.� ovxs&ons::re ul t#ng .tte_ removal.. thro�ph the ..Plan and TCD fir_;,_ . � p b Goal 9 Economic Deyeloflment:. Ymnlementait ton Stratee l9. is satisfied .,ecause PI. The. .pl4111 . ,provides alt ;;nnti;Ve and enhanced . aceess ! ter ciilmaiee c„ al. ip outtrti.e,.... east, side . of 19W _,sg+uth..:'of Naeve � � rlortt►� t.lio.. C?itD'INANCE °o . Luba 2 -078, ,Xhibit Noe, 4 age No.;;. 3n- n 5[3] PP— Currently_ these ronertie which are the only commercial or industrial areas directly affected by _the plan ' amendment, have unsignalized access to 9914. The Oregon Department of Trans or ation' s polio is to restrict 'direct access to 99W from individual. properties. Under the plan the oropereies can `be devellope4 ;with acre to 99W via the realignment and extended 109th Avenue which will make use of the existing. siena1i.z _ intersection at 99W and Royalty Parkway, '11e Oreeon Department or Transportat i. ^.n and Metropolitan Servio• District have been notified of the •ro.osd amendment and have ha he opportunity to pxoviae inaut. No comments were received from tie Metropolitan Service District or ;'_ Oreg_on Department of Frans ortation (ODOT). ODOT had previously, contributed, howtver. by ass i.stin the Cit in _ reviewin • various . access ' options in thig area. In fact ODOT staff ' originally suggested that the City t +xvl(fre the option of. providin, _access to 99W at the existing signs iy�ed intersection with y. g lv T},�is suggestion was u7 Cimare inc Royalty P, amendment. �r orporated into the proposed Goal 12, Transportation, i5 wet because the City has adopted policies related to improving the transportation network and continuing coordination of transportation improvements with other involved agencies. ,Furthermore. the Goal is met fot _ reasons discussed i' ion with Economic P � ^le Policy ^�r $.1 1' .r� can vino Im lementation Strate v 16 and Poli_, ,,. The proposal is cons' .stent with p p a t City' s acknowledged Comprehensive Plan based he t,+ on the following findings: • Policy '1.1. is satisfied because the proposed amendment to the Comprehensive Plan will not affect compliance the City °s acknowledged lianco o�f th Plan with the Statewide Goals. Policy 2.1.1 is satisfied because Neighborhood Planning Organization #6 and 3 have been notified hearing nted on the proposal and �� V�.fied of the he�rin and have comme a public notice has been published including the date, time and place' of the hearing. Policy 8.1.1 is satisfied 1ecause the proposed amendments, to the Comprehensive Plan Transportation Map plan for a safe and efficient street and roadway system that meets current and future needs. A safe and efficient .transportation sysi•em is provided because,_ j to accommodate tre,ff pro ated. � tieeds and is also Manned �- v3.des for current a ..,result of trowth antici a - T e ro ose amen enfuture develo went in the area - _In deve]lopin,;;g the plan amendment the NPO. re,�a�.ed on t=raffic tro.tectz.onsi based on full development of the e, accordance With existing eon' ng: m b Tre Milan provi access . to the arterial street system for bath des.. :.:for g� :-,..fie I provide it existin and future develo m ret:. � r �al.,d 5 , to • c on i within the na, hborhood,,wttho x t usin the arterial street .,syste ;oRDINANCB The lan .::was ..coordinated ;..wi 'h ...the ...Fire :...Dist~ri and_ the Po ice Depar=tment to assure that the ? an pr a l des a d�cuatel�y, for eniergpAcl, vehicle access z-`ttes ,` he Flan el.irna.nates..: the _.:seed of left . turn at h e.. F' t f Naeve St.f•ecc and. iii �h.� 9tJ ::. hereb•e yexn�sttri� intersection o.� L* ��.._.�� �' i � z. 8� he Nb. -02 01 8 age NO i+ safety concerns associated t unsi-r} naliz e c intersection. The plan also e liminates the future need for a traffic signal or 99W at Naeve St r eet. Reduction' in the need for si nalized intersections on 99W. is consistent with ODOT's standards for improvi ng an 7p g movement of traffic on 99W as an Access • d' ' "rote�� tin the••�'efficie movemen nt Oregon Highway. e. Other locations were explored .5n cooxd nation with the Oregon . Department Of Transportation OTi for' acceies tile study ared , to 9914. The Royalty Parkway connection shown in the plan, which was -� - is alread a signalized ori�inally�su�,�ested by ODOT, and which in° ersection appears to have the fewest traffic safety and traffic operations concerns of all available locations, f Concerns were expressed at the n hear_ regarding the suitability of soils aloe_ the planned street routes The Com•rehensive Plan designates this area for residential development, includine�rraads to serve the development. The Comprehensive Plan does not suggest that the soils of this area are incapable_of supporting,. roadways intended for residential traffic because of soils. slopes. or other conditions. Thi: Council does not find that tire. concerns by . s which wereunsupported any expert testimon or documents are warranted and concludes that the proposed streets can be constructed in accordance with the proposed plan amendment. Moreover thee concerns are addressed at the development stage through the street standards of the comprehensive Plan and community development code. g_ The Alan provides . alternative access for 1.onme cial properties along the east side of 99W south of haevF Stref c which presently have access only to 99W. Reduction in the need fop direct driveway access to 99W is consistent- wieh ODOT' s standard for impr9vinE and protecting the efficient... movement, of traffic on 99W as an Access Oregan Highway. h. The plan reduces th otential for through 'traffic in . ex,j:sting residential neiEhbnrhoods. 1. lh! Transportation Map does trot address the schedule for construction of ,the various improvements indicated . un the map. :implementation will d!;end on where and whp land development occurs and on the availabilit pof ubl .c funding for capital improvements. .; Off-site, roadway w anent .review � g considered as part of he jdevelo roces nor improvements are considerepcts end' _p p ns�:.of p Land deg, elopment ro i t a pro r�.ate �°onds.ti , "1 r each project Public .. . :`., p � al . deyF. opmetit are ordered. for each ect Pun.�i review and as e processe$, have been established as part of the develo ment review process in the City. Priorities for fundin.g_„o ,p 'blic pro ects are ab ,shed annually by ti. t Co unc zl based on recommendation o the B Committee Transportation X r at te° ts Moreover. theount l finds hfr nr the evidence „present . that tae timing. concerns ate unwarranted. Th.A pro p o sea g ame nt does not lap generate or introduce any new traffic within the area; it simply reroutt- s traffic within the: area. The,,,groposed utu a connection between _.100th and :.109th .will. • rovide an additions. xoute for tra£fac t ise use parallel ryanned�tos::connect.' 1 •streemilarl shed connect h llel lot � _.,,_.�' oraarwoii�d of .. ---, 100�h and 109th streets that a7Lrea extensic►t� and . reali'gninet t of 109th will redirect `traf`fic from exts and Ple'nried -esldentia deyeYopanentsaionr� j QIth .ara.�„ from ad actin residentia neighborhoods any t+ 999W O��DrNrCE �o. 92 Luba No. 07.8 Exhibit No., . 4 Page No App 6, Findings for a local street connection between 109th and 100r • As develo ment occurs within the stud area an' ii di r';inn1_l`' street connection is needed between 100th Avenue and 109th A: "enuo to minimize the traffic impacts on existin east • . ntini s.est r'esi•de streets. The projected traffic volume of the ,proposed street connection i s i rt o f t oca,il streets ,L as ggg ested by . the the middle w� the range for 1 , backgrpund documents of the, Comprehensive Plan X700 vehicle "trip per projected: range is 0 to 1500 trips per day) . The proposed street connection is intended ' 6n1 ` to relieve t;�affic volumes on ac�acent local streets. The proposed street r ors' will not generate or tree. conn<� ci introduce additional traffic within the area,;,, ne general location shown on the jan is the only location available usine undeveloped properties To minimize traffic safety anti oeratons concerns along S.W. 100th Y_g g aligned with ~ existin' Settler of the new nstreet ewith 100th Avenue be that the intersection S reef or. alternative' that the intr .trsection be located at least 100 feet from the existing intersection Settler. Street. , Policy _8.1.2 is satisfied because: a. on Dep e o Of Trans•ortatio and ns County were notified of the proposed Comprehensive Plan Trans ortztion Mai Amendment in June i99i : The City received no formal response . from g. . s ._.. on street y The City._ however. h3 issues in this area of .the.. Cit . p ei T comets �� worked w,ith is then a�enc kashin ton County s olicy is not a ODOT to coordinate the plan amenc,Dent with ODOT' s standards rind policies for, fli hwayy9W_, In original deliberations for .a development in the vicinjttvODOT suggested riov n the connection, with HighEaxaili from near Beef Bend Road to the existin si a].ized intersection at Royalty Parkway. The Metro•olitan Service District was also notified proposed Trans.ortation DeLartment_ hasp res and d amendment. �phone� that Metro o s co tcerped with of �' ��, ' ce this amendment involves 1 is,ues of regional significance a*1d sin lves one► minor collectors. Metr,::.hgs no objection, king Citx_has reviewed the Plan amendment and . ,I, as .;potified the City that '1.t supports the amendment SECTION 2t. Certain Qroce ; o,4ettions. were raised at the March 10:hear a : bFeirengt . ..there was an ob a action _that a,ner dment had M re vised following,.. the remand from L uBA .„ ..and reifisd nrotaosals are required to be reviewed Planning Cornissiotprior t o a��.o ouncl Council denaes this : ob? ect_i_aJntte�r Lon by the,C The 1igar4 Communtty • Development Code eection 18 30.130.DL. the Cound has the aut��oratX to adopt niodi oo ecto c.i d nog+ s ec roved �coreover ®the xslaty � px bfl �; PP nning Commassfon.:,.M P . 7 ttej diced b an :7at1;ute bhat way�the ot+'eciCOr. was.. re tii d tf� athendtent tO; the Plans n coinm ss ion Second; there was an...ob.'ect on :t +ab,;:,inadea Jate ;noCi. ' r�vitfr+ri .. f chonges _in., " t p � ed. plaat�,amendment.: and ': tl�e: slio+�+ r► � ro os the n des . nated.Coa,l...5 resources. T% � :Couneil...denies ,iii' i ,# c i9n ;'4 tr OROINANGE �`o. 92` Exhjbi1 i o App -7 oq ti • t�',s" °. to rioL.if � all ,persons Council finds that ,�3 P� f.a � .�t•��,'• • �.,:,�� entitled to notice. In :addition. Ch ', Covricrl spectfzcal,ly finds,'that I the`' objector was notified.„ no later thaan ')ret)rtiA. of the .Chan ges the amettdment fait [‘r,Emand from i.13BA Furt:^termore:`, t1 e= ;objector did ,not. spcci f V in 'what espeet it prejudiced by any 'inadequate notice or 'otherwise justify the need for a continuance. SECTION 3: 'she City Council hereby amends ' the Cortiprehenst.ie Plant • `.local'street, 2'): esta}:i1.`ishing Transportation Map by., 1) designating %Taeve Street a '„ a new 'extension for ':109th,., Avenue from its4 current terminus" .south Of Murdock ' ,trees to Pacific J ighway the extension would curve across .the south s!;i:pe' of ?. ittle .Bull Mouint in,' cx�essing Naeve ''S'tr'eet west of The Fountains condc�m,�.ri ivsne dtid meeting Highway' opposite the existi,ng intersection of ' Royalty ?zirkway, '3) dosignatirzg 109th Aver,'ue as a milior collctctor rbetWeen, Canterbury 'Lane elnd Pacific: Highway, (and] 4) establishing' a local' few minor collector street, ? .6, connect. betwe,In 100th nd 109th Avenues at a locatio north of ioodview dd 5 add Co Co Fehensive Plan Transporta tl n a � . as sh own Dowrn j 3:n Exhib4tt SECTION 4: An emErgency ,c. hereby declared to exist inasmuch as it is necessary ' for the safety and welfare of the City that this ordinance be enacted a soon J pc sS ble; therefore, this ordinance shall � become <effective upon its signing by appropriate authority.' PASSED: By , Ur7 1.1,E vote of all Council. .members present after being read 'by number and title only, this ,, c ^ day of �y 2412/C1+� 1992 APPROVED: This 414 Ap roved as to fo ,1' City Att r day o As Catherine Vheatiey, City Reco :der C 1992'. Cow' ti s Pus∎aert4' jii /O491-61 o D ORbLAANcE 92- 7.: tt ba No. -0'78 Exhibit No . Pag(Tc► It i1 App-9 I:. 0mp r =E i C.n s t r -ansp r:1..a -t� •1411a1 ea:n _D ;sap 4 oft slat 181444 :Is/94144 bi .*_, 41 1.10e1/ st111te tla�e -a el -tc 1altea;lI./ >>le� CI'. sill I+ us_ taittil 821.119 .p si < =11 at.a - 1a1t acr b• slesass ,14 :ba aia4 a i1b Iatbstal sse41 isleopisl11ir1 -40 4411.141 all Ili 'l►t .l:11 •i '11;atd 101 (02JiiilP) LEGIBIL T Y ST • COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES Scholls Ferry Road to be realig ned to connect with Davies Roa d. tudy area to determine a future connection between the Walnut /132nd intersection and the Gaarcl /121st intersection. A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report. An indirect connection of minor collectors has been recommended by NPO Approximate alignments are shown for the extensions of 132nd Avenue south of Benchv`iew Terrace, 1'.-.'5th Avenue south of. Walnut Street, and Benchview Terrace west of 132nd Avenue. These streets are to .be designed as minor collectors with as design speed of 25 m.p.h.. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street. Study area to determine the alignment of a minor collector street ^onnecthg €Sth Parkway near Red Rock Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. Study area to determine the alignment of connectibns:between Highway 217, Kruse Way, I.5 and the Tiga d Triangle. Connections between Hunziker Street, Hall Boulevard at O'Mara Street (generally) and Ba'nita Road. Study area to consider extension of Hall Boulevard southwOrd to connect with Boones Ferry ry Road in Tualatin , fG l e• thar p e.. destr• an:or.veh• cuea t access. (Deleted) 10. An extension of Settler Street from` 100P -∎ Avenue to '109th Avenue; intersecting 100th Avenue at a point approximately� 200 feet north of the exis■rng Sattler Street intersection. An extension and realignment of ,109th Avenuo south of the Sattler Street extension, to intersect Pacific Hr 9 hwa y at Royalty Pa• r way. The realigned i 09th Avenue shall intersect Naeve. Street at a point appr)ximately �..ali n feet to 450 feet east of Pacific Highway. The deg S 250 tGp design of the Sattler Street extension may vary from the adopted City standards for minor' collectors. M 109 ST,PER 1 u No. 2-018 xh bi �o Page No. 32 App-11 �0. LEGI®ILITY STRIP 1'r008e(1 Revis`io fl I Y i r e n s i v_ C � 1 ran spo a on [ a p t'1�'F1�1 la.t f Asp eee►a.t•e- latiea senp'I 4 ►t,- 11._CF'It;: el 111.'1 e:i 1siets.= t•ee4s a -r tbit -st teolls-s $yIte* C,Ii {- soft•st's., i'ri sr melita psrtri ?es 111, bier .,ba isttattsd as to . P114 PiIt' •l41 :ieIi. 11 O R T D I.t%e cel Pet, " - s ialerp.r't {el i, 1a.f. is Setti/sloes,s1 }t^^• �_. It:e o - ll et'fig: :e sate 1�Z 14f1`t` q' R• r I- 0 1 CERTIFICATE 1 hereby certify .that cry Septe 92 , I cause'! do be' RESPONDENT '`S.. Supreme b . first filed the original and 20 c © pies of th foregoing BRIEF with the State Court Administrator,. RgcP:?ds Sect Court. Building, 1163 State Street,; Palen, Oregon 9'7`31 class. mail through the 'Unit. es' ' United, S ..�t;�_ Postal Service. e. DATED this 29th day, of' September, , 1992 . L. ' iDONN1ELL, RAMIS, CREW • CORIRIGAN Timothy V. Ramie, C +SB. #75311 Michael C., Rob3ason; OSB #91090 of Attorneys fait': Respondent CERTIFICATE OF SERVICE hereby certify that on September 29, 1992, I caused to be served two true and correct copies of this RESPONDENT , � y ;1 � B.f�IE� b. g United States Postal Service on the first -class maY1. through the d Stat following persons Marge Davenport 15100 S.W. 109th Avenue. Tigard, Oregon 97224 (503) 639 -5637 Petitioner Steven L. Pfeiffer, OSB #81453 STOEL, RIVES, BOLEYY, JONES & GREY 900 S.W. 5th. ,Ave., Ste. 2300 Portland, Oregon 97204 (503) 294-9523 Of Attorneys for Intervenors- Respondents DATED this 29th da... �,f September , 1992 day ` o' DONNELL, RAMS; CRR W & CORRLG� 'age �. t�I RTIFI LA'T'E OF SERVxC • Tir othy '� � Ramis OSB ; 75311 Michael C e Robinson, OSB `9109 Of Attorneys for 'Respondenw =.I 0 'DONN1LL, `R AMIS, X12 , ORRI ( .IEFF IL BACHRACH MARX L. BUSCI I CHARLES E. CORRIGAY(+t SThPHEN F. CREW CIIAR.IES M. GREEPF WILLIAM A. MONAHAN NANCY B. MURRAY'' MARK P. O'DONNF.LL TIMOTHY V. RAMIS SHEILA C. RIDGWAY* MICHAEL C. ROBINSON** WILLIAM 3. STALNA1iBR *ALSO ADMII7I1D 70 PNACIME IN MTh Of W qSI+ oN !*ALSO A *1fl ®1 PIIACYI * t WISCOtION ATTiORNEYS AT LAW BAUDW wRIGHT BUED1NG: 1727 N.W. ROA Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX k AS) 248-2944 REAR .REPLY ID PORTLAND OFFICE;., September 16, 1992 C A ICAMAS COulfIT OFFICit i\81 N. Grant, Suite 202 Cal hy, Oregon 97013 (503) 2664149 JAMES M. COLFMAN RENNET H M. E'' 1017 .' SPedsa� Cot Pat Reill City A. nistrator City Tigard. 1312`,5 SW Hall Ti' 'rd, OR 97223 Re: avenpo t v. City, of Tigard Court of Appeals, A 76466 Dear Pat: Enclosed is a copy of Marge Daveitport's brief to the Court of Appeals. You will notice the: Marge is representing herself on this. Our brief is due September 29th. We are reviewing her brief to see if we have a basis move to strike her brief Very truly yours, O' DONNvELL, RAMIS, CREW & CORRIGAN NCK/ l it enc. cc Ed Murphy (with enclosure) bre',14 > C. Robinson esponcten a. e T'ABLE' °OF 'CONTENT .roe I. STATEMENT OF THE CASE . Nature of the Land Use Decision (1) TCP 'Topography MAP I -3 B. Nature of Judgement for Review' C. Statuary' Basis; `for Appellate Review D. Statement of Effective. Dates E. LUBA Jurisdictional Basis F. Questions at Appeal G. Summary of Arguments H. Concise Summary of Case ASSIGNMENTS' OF ERROR +� ASSIGNMENT OF ERROR NOL. 1 The city's denial of ,the need to comply with Statewide Planning _Goal SCR '5-6) is refuted by substantial evidence in the Tigard uompre -' Street extension dnd neu' Sattler tens on at hensive Plat. Cit denies that r ose sign are on West side of Little Bull Mountain, when it° is evident from topographY map (I-33) .that 109th, is well within west boundary and±both streets proposed violate 'westsde Little Bu?l Mountain Natural Forest and the Summit' of Little Bull Mountain- Tigard Comprehensive Plan Goal 5 resourcet.(TCP I -33 to 110). A 1 Little Bull `Mountain Stitttht TCP I -43� 1 2 Settler E�tens. III CONCLUSION` I I C, a OAR 660 Di.v„,16 ORS 197.835 (8) ORS 197.850 ORS 197.825 (1) City of Tigard Ordinance No. 92-007 i Planning laze'" 1.. STATEMENT or THE CASE ►TUBZ or THE ''C'ASE This appeal challenge LUBA's fi dings that the City of � mn ► G�ty �of Ti. OR - Tigard 's amendments to Transportation Plan; Tigard meet Statewide Planning Goal .,5 with "respec` d�.ance No. to imp �� acts of street extensions and redasignations on invent- or Goal 5 resources, including the Little Bull Mountain tat- �.ed Spec=ial Area. ural Forest and the Little Bull Mountain The challenged decision, a land use decision amends the' .. ,� Plan N�a ?aLtt.le Tigard Comprehensive Tra�r sportaCioia Pl p involving .. '` and making Street, it a minor collecor, redesighat ng "Y. Naeve and creat- ing a new local street, the Sat €ler Extension. II The LUBA Final Opinion being challenged is the second 007 by Petitioner . Challenge is made on s assessment of substance of evidence su appeal of Tigard 92 the basis that, LUBA gests that roneous new UBA: d ,d not map (R.-30) understand and was confused by an dt- Pre Pared by city staff which resulted in c`' ncorrectl Y locatin g We` : /Bast meridian of Little Bull Mount. a`, in and failed to ,identif Y ° Summit/area clearly discernable i ` Ord Cote rehensive Plan (TCP , I -33" on topography ..map in T g , P , ,: es • , 14. 4'0 dolt , i• TIGARD ri.A414040 AREA fort sC AL( i" I time A Correct; shows that City'` ocatin Rw�es�t k side `of Little Bull Mountain g ... �.�ss. violates thy: axnended transportation ply. Tigard Compv ahensive Plan Goal 5 resource, the Little Bull Mountain Natural Forest:, and requires Tigard to comply with a east side as allege d. toal 5,, because 109th is on west side, not a • When correctly located on ma? , the ` ; `or Attle Bull - _�. :� ., ' � osed � 109th ai is shown t Mountain n ed by thc� proposed to ;�i�v 1J�. b�,:5ec.t, eextension. }} LUBA; in the f i:xlal opinion being challenged agrees One that the natural forecast is on the Surnunit -LUBA states, „a; far as we can tel the Little Bull ':Mountain ,Summit is included within the area ultimately . .dent: vied by City as the ` ,ittie Bull :Mountain Natural Forest;" (Page 9; Line 13) . Same 1 opi n- ion in �on also quotes from T C P Goal �En entor - - "The Little Bu .l Mounter) Natural Forest" Area located on west sf:de of Little Bull mountain.'' A decisi,oti, not supported by substantial. 'evidence is basis 197.835 (8) c 0 197. C) ..,ora.cal.Ci�S C) pP C h uxi Mount �.,�'i the ,L�.r� that the 'Little i� With clear evidence ain Natural Forest j s located west side don the summit any the the mountain and clear that the pr oposed 109th extension passes through both the suimnit and west e Tigard is require_ comply with Statewide Goal. 5 as LUBA pointed out In Davenpor o: Cat of T: and LUB� N - and 91 y g os. 9'1 133 t l:.on In avert •p t n retanded cit, 2t remind SCUG amen 0 01 8, aapc to I tla�iG a' 1 flan >ar failure, `tci adopt findings estab1 Csh e PAGE; 4 0. ecis.ion would :^t affect Goal 5 reskiurces.... and exp1a &e that proposal loin conflict with inventoried Goal 5 sites the City must demonstrate suct conflict will be resolved in accordar e ` with reci irements of that Goa l5 and OAR 660, Did. 1 On remand, City adopted findings that TCP transportatiaa Plan amendments Tail i not conflict w tth inventoried Goal 5 sit ,s. City based its entire determination that Goal 5 is, not impli cated on arguement that new extension of 109th. and Settler extension will not transerse the Summit and 109th is on the Summit) and of Little Bull Mountain.To demonstrate ttisQ city staff produced a new. map (not in TCP) 'R.5 arrd R230. In Final Opinion of second appeal, LUBA agreed with city "because the 109th alignment will Pass east of the summit, the city determined the summit would not be adverso,- impacted10 . P10 132 5 and, "Little Bull Mountain Natural Forest appears to in- elude the summit, but otherwise appears to fall entirely on the west side of Little Bul,? Mountain." P 8 L1- � n These conclusions are based) and ; a decision, madee that is not supported by substancial evidence in the record. (ORS 197.835 (8) (o3. Petitioner: seeks an Order' from the `Court reversing LUPA's opi °lion and the ci y4 t. dec ;stop.' on' bds s t 1i; olates wi4e Tanning grams and t ple . r i g 'e l aionse "in a at .ve • errand on lasts thAt a. ,�cix gs aye snot upportec 4 ev deuce t . . a STATEMENT OF STATUTORY. ORY BASIS..CCF. ,APPELLATE JU.RISI�I TION ` LUBA Final Opinions are ' ubj ect to Ju dicial review under provisions of Ons 197.550,; Do STATEMENT OF Er ECTIV ' 'BATES LU} A Final Opinion and Order, LUBA No. 92 -078 is dated Aug. 1, 1992. Petition for J'Ad cia1 Review in the Court of Appeals f the State of Oregon was filed September 1. E'.'JURIS CTI NAL BASIS OF ACTION OF LUBA Amendment to f;omprehensive Plan is Land Use decision subject to Statewide Planning Goals and Comprehensive Plan regulations. Tt is subject, to LUBA Jurisdiction pursuant to ORS 197.525 (1) an ORS 197.015 (10). . QuEsTimis f' 5 'hDk tJ wirp In iti 3 dec ,s;ton th0 City makes he 'only argu ae t for wl y •its decision does not vi61ate Goal 5. is that the p►laxtned road �. d v ntori Go 1 5 r`esourc e alignments are gut.. � e of an�r 3:n . ~ ° ~�' -site. R. 5 6 The fo1lo1a ng Lro l 5 y - � � � ' resources are �in rents�a�a�ed bar. the TCP as 'being in true 'v c a: dit of • th i p opor ed TCP 'Transpo ,•tati Map chan,e " (1) Tie Uttc'le Bull` i4o Lain :Nat ,ra'? r'o e �' (2 The nit o c Little ' x11 Sao .u�ta ; k� ':MCP et 136 to City staff, .* p►re ari�n for reai44d hearing ;reejo�ed s. aP of `the 'only .res c ce 'sites in t1 i area. Q • •m ae. According to the city's findings: HT he precise e locations of these resources were 'coniLrn�- ed by the city's planning staff by comparing the descri- oticns of the resources in the 'conhnfrehensive 'Plan with aerial photographs ana observations from the ground." The problem with this a city did not take pproach is that the Into .account the topographical map 1n the Tigard Comprehensive Plan which defines the Suinrnit of Little Bull Mountain, and also defines the Wes:; East foundry if either the base of the mountain or the sumit is ;ise.d to find the West/ East � find East mdpoint • TCP I -33 The ertinent �;C Inventor provisions are described � - q � i� �i'r � � � below Y and reproduced in Appendix P•rovi.;s'ionsv in mniait• t'e'nt * The inventory text regarding outstanding scenic sites identifies the Summit as the Goal 5 resource site (not the far west slopes as tie 'city argues. TCP at I -4.1 The Little Bull Mountan area generally is i` � � nventoried as dee habitat crap at I- -4ID), and the Summ .t is in- ventoried as not only si niftcant, but as an area sin- gled out for priority at.tdr,tion" and, for 'preservation through fee pu 'chase if necessary" on the basis of its habitat for a , varisty. of animals? s nc u n deers wort., and pheasa:,t..' TCP at `I -42. ti w 4p) ,Y. age Provisions in the appendices The natural forest is described as "the 'largest stand of mature coniferous trees within the Tigard active Planning area Of as (b) an ou stark.ding sonic site' (because of coniferous trees) Cc) containing ;°apprt'ximat ely 24.9 ,acres; ...and as 'ion th4 west side of Little Bull Mountain." TCP at T -96. The city's findings that all of the ii'Yv<'etttoried Goal 5 resources are on the west side of Little 'Buii `Mountain, while all the street connections are on the east ignore the evidences in the city }s own comprehensive plan. It is clear tr��►at 109t, eaten- sign will cut through the Summit and the Natural fore .dividing this natuaral forest in two. The natural forest will also be divided in two by the Settler Extension from 109th to 100th, which will also cut through the Summit of . Little Bull Mountain. North/South. F i The City, first proposed both `109th, as minor collectors, but on remand, downgraded the Sattler ensionto a local str''et, but left 109th as a minor collector, estimated to carr y 2,000 t o 3,000 cars per day.. G. SUMMARY- OTr' 1�RGUirNT The City has tried to demonstrate onstrate compliance it i Statewide Planning Goal 5 by showing that there are no invelrltox'ied Goal 5 resources sites affected by the proposed new street sb The evidence oubmitted c ity‘ staff in o f a 'dew G� o`1 map , does not ronf orm to 'the 'maps anc Tarr %. iVe escri Y �, a pl. goal 5 resourese� a�n tae c�,t.� �� +roan .re�ens�^� The TC 'Ma • tions gave s a4 , ve M LIMY t *tle�. 4�'L1.: oO rall view, of • Mountain' and provides ,, a basis for .determira n mere. m West as' ian; base d `an either the base 'of' the mo tan,, :or a determination made at the Summit 410 foot 'level. In either case this meridian shows that the .proposed 109th extension is well within the westside 'of' Little Bill Mountain, an not !'on the east side'''as the. 'city declares. The meridian also shows that the natural forest on the west` side will be bisected b;y the. new 109th minor col , cetcr. The map in the. TCP at 1-33, also shows that 109th extension will bisect the Summit of Little Bull Mountain, which LUBA determined is the location of the Little Bull Mountain Natur al . r cry; st On the basis of this, evidence in the TCP, petitioner believes LUBA made 'a decision` not supported by substantial evidence in the record (ORS 197.835 (3) (c) . and pursuant to ORAP .7.17 because -evidence suggests that LUBA did not und- erstanc vidence .'which. was in with TCP and record. H. 'CON I`5 SU M`' ' 'Y' ' WITHOUT ARGUMENT This appeal' stems from the Tigard City Coundil' s d ci6ion 4 one o undevelo L�.. approve a, series of new streets in o., Of the, last areas of the city. The purpose of these amendments is to, zees- olve transportation Problems related to a development proposes. b. Intervenor Respondent Triad and to c t- - p � an � nub; east -west gesttr4n, in the city R, 8 10.5 . • The challenged decision, itgr of Tigard Ordinance 92' -0 make 07 significant , s two changes to the planned street, system Tittle B � Bull, . Mountain R Thee first change,: authorized is tc create a new north -south minor colle�or ch .:1.09th whi t now dear ends dt the edge of th6 natural 'f ores' and xte e n d through g the snit of Little Bull Mountain R. 14 The second change authorized 'is to create :'a new Sattler Extension, running north and south And connect it to 109th 9th. from 100th street. R. 1 4 These new � ew street extensions cross an vndaveloped area, which contains 5 resource sites inven toried as natural areas, outstanding scenic sites, l'and includes the Little Bull Mousutain' Natural Forest. See TCP a, T735 to 144 and,. I.110 age AS S I GNME 's 'v� ""741-In k S'IGEI ENT OF EBZROR' The City has failed to show that its action r is con- sistent with Statewide Land Use. Goal 5, and the ,City's determinat!on that its decision `'ill not affect invert,- t crie:d Goal 5 resources is . not spported by its own! record and evidence in the Tigard Coillprehensi're Plan. DePpite' LUBA' s direction (Davenport ,. City lof Tigard, LUBA N60. 91-133 & 9'1 -137) ti at a r eccrd needed to be developedH that verifies that inventoried Goal 5 resources are not affected by proposed TCP Transportation Map changes the City presented as evidence only a new ma p p develop ed b ' an in c or by staff to show rect West /East meridian and a misplaced Summit of Little Ball Mountain that eliminated most of the 24.9 acre ; Little Bull Moun - tain Natural Forest and put the remainder on a fringe area west of the proposed 109th extension. Evidence in the record(TCP map Exhibit 111, I -33) and testi,non y at public hearings and, in the record refute the City.. s findings, ' 'nal opinion (LUBA 92 -078, P7, 92) LUBA recognizes, that the tittle Bul. Mountain Natural Forest is on th,e summit of Little Bull ��untain iLEA sa y s t relied on the following fang- uage in the TCP Goal 5 inventory ''The Luttle Bull Mountain Natura Forest area is located on tha Vest side of Little Bull mountain,'' u anti, includes approximately 24.9 acres.' and in same °pinion P.7, line 3, ".As far as we can tell the Little Bull Mountain Summit is included wa%tl iin the area ultimately ' identified by the tai �' n Natu,��al bores C�.t. as Little Bull Moue Bull Correctly dete mining the West East meridia t of Little; Mountain topography ma: TCP Ex, 7.11, 1 -33) shows that tl;,e West side of Little Bull Mountain .includes a large Area ea,s of the proposed 109th extension- - therefor, .,09th runs through the Little Bull Mot t�,, :r :atura'o forest and ixx�racts • making it necessary for Tigard to address its , Goal 5 Thent s De,teiini cation of the West /Ea,st meridian also resolves a LUB, ; dilemma (LUBA Final opinion 92 -078 P.8' L.11) "However, it, thus require- there clearly are not 24.9 aches of coniferous forest on the Wes.ts :de (as determined by City) of Little Bul'1 Mountain. The only way to inetude 24.9 acres would be . to include: a large area of coniferous forest on the east and southeast vide of the ?mountain !c By putting the West /East` meridian of Little Sul Mountain in its correct place, according to the TCP map, much of the misplaced forest Ne.ould be on the' Wds'tsi'de ' and LUEA' s side concerns would oe olved. LUB,A,I s decision to agree with the Gtt y that it was no required to precede:. ' through Goal 5 conflict resolution process is obviously based on misinformation, about location of West /Ease bo ;rdr r on Little Bull Mouanta :n, a ,ld' ]vocation of the Sumaait, a • Litt le Bull Mountain. 4 ` tJPI'1C'�'N ,. Z�L��. ��JL ._M� �L1M�II,T, Refers Ong to TCP topography map (E 111' 1 -33) of Little Bi li Mountai is c early s o ±,f at approxit� ate L 410 fit, correct' su it, with, on1y� a Li own, leratton e moUnte e S Jnnnit in evyel and this A area'' is my 0 f t higher buin PI extension wou given GE cross this . LU A mistakenly? fou id t the" proposed iO9th alignment will"' . erefor pass., east of '�'Ghe Summit rather than crossing it Referring a ,ain to TCP map Lid., . g g P .-33, this 'is obviously wrong. The 109th alignment passes dir ectly through Summit bisecting the "2 nacre ' Little Bull Mun air). Natural, Forest. The City erroneorisly determined that the Sumomit would not be adversely impacted. It is apparent that the City rested its entire determina- tion that Goal 5 is not implicated in the challenge d decision on the arguement that new section of 109th St. will be to the east of the inventoried goals, and will not transverse the Summit of Little ' Bull Mountain. The factual errors of this :`conclusion are apParent a (1) City has ignored fact that amain tent of natural resour- ces element inventori.eti the S'ammit as resource site (TCP 1 43) (2) Cit y l . map of ekistax vegetation ion an even the City 's own aerial photograph used at hearing (R 30) shows new ,sectton of 109th cuts right through SUmm t in a,. coniferous forest (TCP at 39) . 2 SATTLER EXTENSION The Tigard Transportation Ma.:.., ammendment also; calls fb g P P a new local street- -the Sattler Street extension to connect between 109th and 100th. Streets at a location north o.$ Hoodv .ew Dx'ive. This extension would also pass through the Little Bull Mountain Natures Forest and bisect it North °and ': South, further do .at ng TCP Goal 5. (R.- Exhibit 8 `P.2 ) it - s cony lus�.cmar statements that no Goal .5 resources The � y Y e affected by the road system are not su orted b w�llba Y PP �' y new ro_ evidence in the record and the Tigard Coanprahensive Plan. III CONCLUSION City of Tigard has refused to recognize that extension of streets an Little Bull Mountain violates its Comprehensive Plane Goal 5. Instead, in effort to accommodate the desires of Intervenor Respondent Triad to nave forward with its deve- lopment plan City has at tem p ted to place t he extension of topography P Y a 109th an "East' side of the miauntain -when TCP P � to a h m 1•-33 clearly shows that it is on 'west' side. City has also a,tteipted to show' that 109ty and .Sattier extension do not cross Summit of Litt _e Bull Mcirtain _ � TCP � 33 shows that both traverse Summit. As a result , the City confused LUBA with a newly created: map that is inaccurate and did not correctly identify and locate, Goal 5 resources, west /east hound .ries, or Summit of Little Bull M ountain.Petitirn►r 1,`espectfaliy regneststhat the Court ' rey►erse, or remand the decisions. R,espee fully .: subm tted, By Maa.r Davenpti `rt, ' ' et it met O -J s uir pi iA 411 AGO f c 4,0 .r.� IAA.. 4. r-.vv L. BEFORE THE ; LAND USE BOARD OF APPEAL 2 OF THE STATE p? OREGON Jmg MARGE DAVENPORT, ESTATE , of BERNARD A. MaPRILLIPS, and ROBERT C. LUT0', • Petitioners, vs ); 11;, ) LUBA Nos . 91 -133 and 91''137 12' CITY OF TIGARD 13 ) FINAL OPINION 14 Respondent, ) *.":AND ORDER 15 15 Hand 27 la: :TIAD TIGAI; LIMITED PAPTNERSIXP, \ 19' and ROSS' WOOD8, 20 21 Int ervenor, s- Respondent . 22 23 24 Appeal from City of Tigard 25 petition 20 Jack L. Orchard, Portland, filed a for review and 27 argued er? behalf Of pccitionera Marle £?averiport and Estate: of, 28 Bernard A. =.Phi i ips (LUBA _ No, 91 -133) With him : c n the brief 29 was Ea, 1, Janik & Wovack. 30 31 James 4, Beans Portland, filed a petition for review and 32 argued on behalf Of petitioner Robert C. Luton cLU3A Noy. eil, g was L�.ndsay' I�aywt N 33 91-137). i�i�.h him on the brae w 6. 34 Weiler. 35 26 No appearance by respondent. 37 38 _ Steven L. Pfeiffer, Portland, files the response 'bri`e ran 39 behalf of intervenors- respan'dent. WitY hLm on the brief wa.s 40 Stool' Rive rt 3oley, Jones & Grey. Thos as R. Page, of l arid, 41 argued on behalf f Of intervehOtS- respendealt . 42 43 . CLST1mJ, Chief Referee; £MERTON, Referee; , .KEi LINGTON, 44 Referee' P4ttioiPilted in the decis,ioh . 4t, 46 REMANLIED 01/28/92 47 43 rou are ent'i '► t�.e.d„ t0 pdiC�rl rev+aew 'tai „ii, ia Order. 49 4udic 1a1 tetriew is ovetAed b, the : v ons of ORS ' 1 g? .6 0 . g pro isi Pale 1 0 4 co 88 $03 220 2489, 9. QP in ion by ,Holstun . 2 NATURE oP' ULCZSI ©N F etit loners TOEL RIir71 ^ ^ ",S. -►44, appeal an amendment to , the Tigard : Comprehensive Plat' (TCP) Transportation Map. The chailena ' amendment dicangrades the existing plan designai:iGn or lone street '4pgradGS the existing plan designation for two others, and adds ? extensions of the two upgraded streeti,s'. P MOTION TO INTERVpNN - 1 9 Triad Tigard Limited Partnership and Ross Words move to TO intervene on the side of respondent. There 3,s no opposition to 11 the motioan, and it is allowed. 12"1CT S 13 The streets' affected by thq chaii tinged decision lie east of 14 Hig1aw y 99W, a nr&rth -south i arterial highway. Naeve street is an 15 existing easy. west minor ,,.ol,le otor, extending east from its 16 present ues agtsliz�d xnterse�t�o n with Highway 99W. 2n order to improve i the 7 improve the traffic darryinlar Capacity o� �: iae s in i:his 18 area, aid to avoid increa lng the amount of traffic at the +. ntcrsect ion, the 19 otar�,ent unsi �t��etlzzeci rTaev�s Street/Highway 99W .. 26 challenged decision adopts several changes to the TCP 21, Transporttation Map for this area. 22 ' The challenged decision adds extensions cif rattler Stree 23 and 109th ,Avenue to the ignd designates those' streets as l 24 minor collectors. Battler Street,, an easistin eamt= weAt minor 25 oa1leoto c terminating at 1.00t11 Avenue, is extendttd Wets. from'., Page 1 UU:i4 A ' MIN 60 1r• P Oth 7. F nue to connect with 109th Avenue. th Avenue, ;al existing north -south local street,; i8 extiftrdded AOuth and .: west,' crossing Naeve Street and 'ultimately. Cori :e;.•ting with Highway •99W at a signalized intersection across frog, Royalty Parkway:' The challenged 'decision also downgrades the exl,ating classification 6 of Naeve Street from a minor collector to a local street. Petitioners own ro lrt currentl. served by Naeve Street p � y S' an gc.yO'tr- l,,d affactec'a_ by the street extet eioz s . and 9 redesignatiens approved by the challenged decision. 10 FIRST ASSTGgMENT OF znaoR (7 91 -133) 11 citing .S�" --'' be ,Y--Ra 1' 4 -� ".,A 12 Comm., 287 Or 591, 601 P2d 769` (1979), Petititiners contend the , 3 challenged decision is .quasi -- juditia1, and t ,. � the city erred that t legislative. 14 when ,�t de an termsed that . thax decision is 15 P etitioners contend that the challenged decision is quasi ° 16 judicial, Tigard Community Development Code (TCDC) Sectfan aC e.' 11n addition, the TCP Transportation MAP Notes are amended to state that g y ry the design of the 'rattler ; Street �te�nason ma va tram oa.tY's e';tanciards for mlinar collector streets. 2 in .S.t..ir.'': . at 602-03r tha Oregon Supreme Court set forth three' "factors that must be considered in determining whet G4: a local government' decision ',it quasi - judicial,, Those factors maay be summarized as follows:, i. Is "the Process bound to ri)s It t0 S deeiaion ° Is t . � he c3etcssiori - laouaad to apply p=eeatittA.ng,` Criteria concrete fact3F" i, ,: Is the ,notiori "directed at a o «lose1 a ro 'scribed factual si nation or *. r+e lsti,vd ly small fitibbfir of pf 6 n ri 1/,29/9 503 ; 220., 246, , SA.Ut,L, K vta', 1 1� : 22 . C 40 governs the challenged decision and that section was 2 not F. ,Pk :tied by the city. 3 Petitioners further contextd � quas plan amen,dmemts mus #ccom p a n zed b � ad® at adequate .dings demcnitrating con liance with applicable approva approval 5 c' iteria, and petitioners argue such f finding$ are lacking. 7 S a Inez Y il..7s_:�- _ t factors We agree with joititioners that t e first two of the are satisfied ,� this case. virtue of TCDC Section 18 : v 13O . D, en application for a plan 9 amendment is bcdund to rest.lt in a decision, whether the proposed 10 amendment is legislative or quasi-judicial. A,cco rdinglY, the 11 first of the t. .w rry I Ll.- A=t �1ex•g„ .factnrs is Present. 12 7 ditionally o as noted below, all amendments to the TCP involve; 13 at a minim r.. g , r�.m;ely um, the appli at�cri of p,,��x�.�t3.n criteria, 14 the statewide ple, niYt,�' goals and tAle"a it TCP pol cies . Taus 15 the secoAd 0E the �': s�- a�atbeL�. -.'y s 1� 4- E:iLee4_e,. rs factors is alaeo 16 satisfied. 11 Hawe %rer in applying the third o f the 1 18 g_ .' factors, we conclude the challenged decision is not 19 "directed at a •.caselY circuMscrib'ad factual s tuation or a 10 relatively small number of persons " Although petitioners affected ' by h 21 contend there are only nine parcels irec tl 22 challenged antendments, it Appears naciy more parcels are fiat least E,aae,, ... sue. alt appe&rs that i 3�„.lthough we need not reach the 3a� t= TcDC 9et�tio� establishes criteria �.. overning adoption of quas,, r, cht 18.22. a40 c� -�]'v cia map amend nta, nog. Iasi iud .,c .s ,ifA „� P mh 1 * decision doe � the 'zon ng.�,ya 3 not amend,,. 1 s 4 tirl ue0ll r 6f^v nairectly': affected intervenors point ou.. by the (t.e c3.Sion. orea f.inportantly, the proceeding that led to adoption caf was initiated by a neighborhood plannin the challenged decision organization and , � •.i q issae3 • was The directed .` at a , vzlriety study area encompassed �4 of transportat fox 4 a large area of the �t conclude oaty. including far i ore than n ne parcels. We cJ ty corn tctly determined that 1 e islat .ve, rather than quasi_ju N �r 9 Ho ,ever, our conclusion tl►a the 'challenged decision is 10 Legisla :i.ve rather than quasi --au. `cial does not mean that the 11 statewl le planning. goals, or . p1a N • r code provisions .sions petitioners decision in this matter cia 1. .r. 12, city , .nder the remaining assig nts of,` error do not apply to 13 the ha1lenged decision. 14 the de 16 lE 2J Neit1 '' city is excused from adopt, ision. As we expla.ed in F`• Or LUBA (LUBA Nos. slip op 9: 91 -1:0 "Quasi-judicial comprehens supported by findings w amencinFtnt complies with ap :.1 i n N licr n " 12 '3, 19-23, 369 102d 1063 (1,9 '.3' ap►ellats court case we 4 xequizes that ar,l 1e�g1 .S amendments per $upportr nevferthe leas be requ&r ? determine whether the: aane 29 consistent and coo isten., ' Sege oea it neceassarily mean the,c findings ' in support of it ?+J d 91 --103 r November 8, 1991 , plan amendments must be explain why the. plan able approval s+tlandards «1'„c. .._.gym ., 280 Or Althcuall no statute or * . e► aware, of specifically ' ve cOmprehensiV.1 plan findings, f indinga may to allow this Board to aid plan remains inte',cnar.lj ,th the statewide p] anoint rive ist�thx a a n ed, Aitgb ay • 9 , . Street loz .� � ,, . i , ,., tote! area aft, i�iht� 9w on the weft, �t�dock T e study area was v�u on the IE4 the Summer'. field deve dpm�ent emu; the is utth. " Record 93. r. CL J wa 2 4 1 goals . $ 2 16 4r.I,t1EA 9p9, 913 Q seidet1988 .1: i , , 1.1:.or .CU" BA 849 •8g -S0 (1984); 10 a 5 l't1' n ,, 1 +0r L 21 . 33, '3V,‘ ; (1980) IP ., 2 6 LI:Z n 5 i 9aP i a °6 e V 2iribIrgrla l', 7 6; •'UBA 68 7 (1.3C2)4 .r.A. SI : en Q.r.4 � r u s, 6,6 Or APP 4 3 6, xev dt41 11 2',6 Or 829 11980; we explained that eovsn were the g' d halleng1d plan amend ent !-s 'legislative? Goal 2 10 iMPOses a,n obligation that a i�1 * government .plain 11- +►ihy the aernenn sit c,o;9lie5 ' w 't'h applicable sta ewide 12 ` ,planning ejoels . Thil exp1anatio4 may be provided 13 4ither in . ,findings , or if not in findings,, somewhere 14 ; in ,tae recomd supporting the legist1ativa plan 15 amendment., where the loc►al government does 119.,t adopt 16 findings ex,tplaining why thi2 c] .alienged legi Ala ive 17 plan itrranc meat romplies with applicable goal 18 requireMerats, we elf on •respc n Tents 'to provide 1 :. 9 ar ument and c it. r. ions to the record to assist this � 2Q Board in reso?.ving a11er ations by petitioners that the 2' challenged decision does not oonp1y with applicable ,2e. statewide planning goals." (Foot'not e omitted.) 5 :3' The first assignment of error ire LUBA N9. 91 -133 is denied. 24 25 gitCOND y NQ 91 -133i AND FGiiRTib R.SsiaNL�N�'3 or ERROR (LU�� 26, 11171) FI ST ASSIGNMENT or ERROR .(LC1EA NO. 91--..1.37) 27 Under TCDC Section 18.30.120 legislative Plan amendments 2B are si baect to Compliance with the statewide planning, goals,. 9 applicable Tae pola,c .at, , and applicable provisions of the TCDC .6 diNWY� ;NOEL I'E " 4 4 cITY 4 0 11 ,' a 0 • 11 tuaa r., ,�yxpo,r jam. Page . y CP FQliG 3.1.1 Provides as follows: Sri the omitted footnote we explained: " �$ s of this state nor tote r... err, neither the . appellate courts d3..�`iga Boa..d have evc t :hold that the a� kind ',of. detailed fin, required by ORS 215.416(9) and 127.17S(2) for permits and required under appellate court, dec,{ 4 {,au,d for otber eluas�i -' j'udioial land use deci3ions acre requ r; d for legislative plan amanchnente. �, ,� * ltlaktkan...x... s)su River. 4c 'ii rs.r ,' ," r o ip op at. 9. " , °.^ ..} oo'd' hi LUBA (Una Nos. 90- 2;,25, 90-151 i{nd 90 =158, Order on mo dne i o bi .c.s, February 14, 19S11), slip op 10 n Pa i1 601 LS 197;175(2) (a) and Gore: 2 (1z aid tree Frlannin .) i a►oae esa +nti,ally ,1.110 w u same zecEttaamment. V 9 "c. Area subject tai s I,P„mp ng, 9 movement 4 i:_:.'. POU 4 :CL 1.1 Z46 -r44 ,c i "The City alt not allow development -ta the f41iaw ng ' c3{ev �.�.opment li�a;;itatie�ns re:ash re i can , be aiblown. that established �� exc���, where' if:. �tech.�i ens related proven ��ii�eer3.ng. elated to a specific site plan will make the area suitable far the ro P . sed deve :le pmel p pfl' •e • Areas having a high seasostai water table * • Areas having a severe 'tail erasion ot p emtial ; 10 !I, • Areas having slopes in excess of 25%; or 11 " e • Areas havi.n� � severe i weakc fourdation soils earth slides or 12 TCP Policy 3.4 01 provides, in par, as folio ws ,. 13 14 °'The City shah designate na► e following as. areas otz gnif .cant Envirc nme tai Concern. 15 it* YC * * 17 �r their fragile character as 18 habitats for r q plants a�r�3:raa�< or a uatc life, Or having en datSer M, Y,nnt or ir�t , s: 19 spec�lific netura�, ;� ��t�;�o ®' ,sec es, . w!r` 2 rr ,.� � ye-titled �o� the 711�e;�1 to protect natural areas." 21, There a e several o ssnp?.,errie�;�:�.�k . i 1 strategies !or T GC P Policy' .3. 4 1 TCP' � 22 anc te? lhy�t.'uL`4� A- aat ,` � , 23 soil �ies,r including the fbllowAngr the City shall review • / development �sd C .t 25 �� ;2,4 !p djacv nt tO W31dJt: p habitat areas re adv "p .n aiy wildlife habitat area are nMuzed and if 'deed be, re qLdS that other fed i " 27 .. local agel,oietl review the de el t-,pnent 28 pxcposaj.s � TG? Natural Ara as Ar�.as Polio 4, 29 ImPl.ementatiofl Strategy 3. 30 aa:�,: .� :tition©rs al1eg L the city erred b - failing t �3 dentif Ci 31 ao aiaPe TCP pa txaioa�d 3.ut 2emerht,.. uj �' �.ng s�:ra't;�g•,�,- as alpp�•o��al -� 32 c itt,Irtia. ' and icy y � n e fai�� g to c��rt��vons' fir � comp lieno 7t.. �. yat� ..hOse Making' its decisl.ora tQ am,eri e Td 4 T 't:.nsP rta.t.ic n niap, 'A uu ,, pr� • d W ra4 Yi 1 J. Petitioners also ;Prgue the dt r failed to apply and. .em - nstrate compliance with TCDC (Street Chapter 3.� �6� �st�ei Litf.lity Improvement ,.'tandards) a Petit,toners contend the cit.r €'• &i4.ed to demonstrate compliance with the following ap►p] .cable ?trees improvemerst standards. 6 "The locat ;ors, width, ancg grade de of all > streets r small 7' conform to an approved stre11� plan and shall be B' considered in their relation to existing and planned' streets, and to topographic c:on4itions, the public 10 convenience and safety, and in their appropriate 11 relation to the proposed use of the land to be served 12 by such streets * * * . " TCDC Section 18.164.030.1/.1. - . "Ao far as piatti c l, streets shall, be de dicated and. constructed in alignment With existing streets, by continuing the; center lines thereof. In no 'case shell . be staggering, of streets making 'V' intersectons at col lect ®ra and arterials be des f g fed s1°� that at j g d of ..,; less than 3 0 0 f e et on such streets are created, as _ measured f2o the center line of such street." ' TCDC 20 Section 111.164 . OSO .G.1 h. P arterials, H 21l "Grades shall not exceed 10 percent on arteri i 22, percent on collector streets, or 3,2 percent y 23 other street on am t * * * . " TCDC Section 18.164.030.x;1. e ..n1 erv'enors contend no1'ie of the above � ` contend It? or TCDC ` • 25 p�a� s ion s apply to the . ch a U.en ged plan amendment. ' Ynterv)enors 26 ex! I. in that ,under TCDC Section 18.26.030, al"l. request far, 27 da o meat approval must comply with the TCP. Further, ut der TC .tc Section 18.1204020i- all developnent. is subject to site 29 c.e..vel r review. ite ievelo mw, t a explicitly re aiy �► ma1Lt res � evie � e es .age n Section 18.164.010.A pto -peer as follows: "the ptrpoa Q2 [the Sty. et sad utility Itttprovemen : t ttll` hr!.,t33 is Aa ; rov ,de cdAstruntiOn ►tanda. ds for thee impt+QmentatitAU of pnblir and priva +t‘ fac ,,,ities and 'utilities such 418 at4.ts, aeWe17s, and d a i n,.age. 00 ,4► ' )f cc 0 U r; -gi aua `ca:L40U a;a:n�GL tt Yt3 teat: the above c ited TCDC street axed nt lit° 'standards be addressed,. Dave opment'° is defined broadly`, and would include trice street iga roveme nts e�nvis w, ~ ,y �, i����� L v th $1.1 p � en gad decision wA P whether o:t not the disputed strteta arf4 improved, in. con junction with development of ad acez t properties. TCDC Section x:8.26.030. I I Int ', of nor s point out TCP Policy, 3.1'.1 .axPlcitly envisions pecific ;engineeing te=chnique=' beinc applied at the development 9'„ ` stage to rake area with the cited 3.iMitations developahla and, �cherefore, applies at tk he time a specific development plan Is 11 proposed. Interveliora contend TCF. 3.4.1(c) simply direct/ that 12 the city designate certain kin%is cf areas as areas' cif 13 significant environmental +con %ea:n and does not impose an 14 approval standard on the challenCed Plan amendment. Further, 15 she implementation strategy following that policy, quoted suprrel,, 14 16 is explicitl. directed at develo p vent � p :proposals . 4 17 We agree with iriterveralors that TCP Policy 3.4.1(c) is not 18 an approval criterion for the caallenged deg ision, and that the Page Y.Y 8TCDC Section 18 e i 0. 180.A prow i*'4s, i Pal , as fOUQV3 "The 'bi rector shall, o,ti ke a finding : with.: Inpect to each of the an ��.oat � fol.owirraj orw;.terie whey. approving with oonditiont, or dellrin a l g won [fox aide de%elopmsnt review approval] Provisional of the following chapter,'I N* 0Iut. Chapter lea 4, Stieec Lind tk t3,Ut Ir SrnprcVAulment S4Anaarda . A * * vE it 4 1 !t. .�T J 4^° Mr Ol /210/9L i 42' 'p'6&4 3 6LU :48164.1 1 all►k,L1,S 4.04 (.1TY OF TIGAP remaining TCP and the TCDC, street and utilit�t Provisions 2 standards quoted above apply at the time development of the 3 disputed streats is proposed. Those standards are not intended 9 as approval criteria for plan amendments, such as those adopted by the diaPuted decision g 6 The Second and fourth assignments of error in LUBA No. 7 91 -133 cnd the first assignment of error in LUBA No. 91 137 are 8 denied. 9 THIRD ASSIGNMENT or ER oR . Criusah NO. 91- -'133} 10 Pursuant to Goal 5 (Open Spaces, 'Scenic end Historic Areas, 11 and Natural Resource• A the city has inventoried a number of 1 sitss to be prote,ctad. under Goal 5. PetitiOners identify thr e 1.3 sites that either will be or may be affected by tLe challenged 14 decision, and • ' , a rgue the city erred by failing to explain iow the �ie�. 15 ` challenged decision complies with Gc al 5,10 16 When adopting amendments to its acknowledged comprehensive 9,Although we agree with ihter�vern s the TCP and TCPC provisions discussed under theh,, , assignments if error tare not aPProva1 criteria applicable to the disputed P lan n �QBlta, we agree O ita petitioners that the disputed p lan amendments approve an alignment for Settler Street which has staggered AT" intersections with :100th Avenue closer than 300 feet apart. Therefore, co structibn of this Sattler Street alignment necessarily would violate TCDC Section 18.164. t30. G.1, quoted above in the text 4 The city apparently atteutpted to address this problem by ex.. enPti gg �'', gn of the city's Standards for the .tiea�i of the. Sattler Street extension from minor col�.eot�e�ra w we address tics aspect the city's decision infra. 10T ecieion adopts � F findings' t+ddreaia�.ag Gail � . d the ,he eity a e3 �,,� �n�� din � � an Null NOChtnin .4atutatl Forest resource s'7ten The Little at � • i�aveatorieci Goad 5 : 4 .r�ventory �aap;s �yrov�ded by the Parties do not Precisely legate the c± ty• s and, t J R ilbtrom Fir Grove are both inventoried sites a.:aes apps asr to h4 the Lit¢�l� �����1 mountain asQ•1.. k�ettioner.i also punt out the 'aumc�t acted by th c of g + vha3len ed dec�,sioa �,a designated as Special Area and co>htend that it Co�'►tains sesourbea protected b; Coai J. Page 10 ;1" Agy ,lk Uli:is! /Jlf CD s, 4* 4" 0E4 x1 -144 t.11l. -Uk 'ti'1t: 'tl1 plan, 'theity is required to assure t ,. amended remains in C mp,liaice with` the st at wide plane n oa Q � 7.53� rair dpn 404, Or, 493 (19,86,),',. As intervenor* correct l ; mote t:he: city ° g acknowledged plan inoludes a variety; of measure s 6 adopted to protect identified .Goal. resource sites.. However Y g its ,her®, the eit �s az:tendin plan ;:o des ,hate skew 4139011ent' for . minor collector extensions and' to redesignate es�ist:,i�ag streets. These changes in the acknot4ledged Comprehensivelan 10 rer;;uire that the city' identif pose bYe con,tli ets the proposed Z3 , action ' may cause with izwentcried Goal 5 re,tiourde s.t:es, and ,:. 12 explain how those conflicts are ieaClvede as. ' re sired by ,0Ap. 660 13 Division /5.1 19 Intervenors argrU:e 9, Or ',app 93 ,97, 718 'p2d 15 ;, * * * Absent,. a (sic] indication that . plan 16 amendment soul.'. adversely affect the in,..,entoried 17 resources in amanner not anticipated b � y ,. the City's 18 ecknawle; ed [aozn resheno .ve plain and land use g � regulation] prov�.sia�ns � t i , 19 ,� is appropriate i'or the City 20 to rely upon existing implea ent $,ng mi asiyres to Y 21 22 maintain Goad 5 compl i. nce . . ia, izaja e v neon ant a m 80 or App 176, 1121 12d 870 (1986) " Int ►rvenors- itespondentis Brief 15 24 If ry the above quoted atateme a, intervenors mean, that 25 whsre a , reposed amend rent to an atlknowlecI com ;rah . p 0ik3fve p3in 26 will nor affect inventoried evil 5 re8our6cs or will affelt thol k! 27 only 321 a me ,per already anticipated p by the plan oriel addressed M; y l'-'011.7a 660 Division 15 establs.ahes a. satf, pr�,�o2aa vthm�reby Goa 5 cep rimer be inven' ori.e'd, conflicting t�t.4 S i 'antiiied, , and a otirce adopted to resolve those conflicts adopted: ..I 1 4* r / 44- V503.220 2480 ST ®EL R1I b 444 11 in some manner pursuant try OAR 660 Division 5, a ag'ree', However, we) do , not agree that ' `we can assume, based o ie: disputed 'decision or the record in this natter, that sU i. he' case here. Where apparently applicable statewide platnin 9 2als are implicated by a challenged decision, the city Must either ex ilain how the challenged dec±cion .complies with the goals or: e:.-plain why those aPpar nt? y applicable goals do not apply. Re& 8 m Coe t` . �������,._...' � Yr 17 Or LTJBA. 6710 9 683 (1989) �0 The third assignment of error in LUBA No 91 --133 is 17. sustained. • 2 FIVT/1 AS G14MNT 0!' ERR0R (LUBA NO. 9a. -1320 3.3 Petitioners argue the city failed to petrol its obligation 14 to ` ,ordinate its plan am €ailment with affected governmental entities. TCP Policy 8 � . 2 Provides as fol 16 The city shall Provide for efficient management of 17 the transportation planning process within the city 18 aPd the metropolitan area through cooperation with .9 other federal., state, regional alict lOca1 20 Jurisditions 21 We assume the above pol iCy was adopted by the city to implement 22 its obligation under Goal 2 (Land Use Planning) to assures that 23 its plan arendMents are "coordinated With the plans of affected 24 governmental. units. .y, .,_ Y Bpavertpt, 18 Or LUBA 473, 484 85 (198 r 3' 4z. LUBA 202, 26 210 (1985). 2? Petits nets Contend that neither the 4A c; iel) nor the 28 reps rd' iA thiS matt' e ` estabiishsR; the city fuif.1e< i U1,4 ♦.p J.4:44 GfOU..i ZZ1.1 L4*$U , b11Jk.L 1(1r�ti 44-4 011,1 x.14' ,116Ak1) ‘&11.1.1.4 1 obligation under the above cited p�iic r -_ �r coordinat a its 2 decision with they Oregon bepartn ent Off` Tra - ,..rtato n . y the. 3 Metropolitan Service District, and Washington County. e W. 4 ag: ee ,12 5 The fifth a ssignment of error in LUBA No. 91 -133 is 6 rustainect. 7 a SIXTH ASSIGNMENT or ERROR PLUDA NO. 91 -133) AND TOOT 9 ASSIGNMENT OW ERROR (Tlah NO. 137) 1C Tce Policy 8.1 1 provide as follows: 21 "The city shall plat. for a safe and efficient street and rodway system that meets current needs and 13 ant icipat d future growth and development." 14 Petitioners complain that the Challenged de vision does not 15 dw.mcnstrate compliance with this polio y. Potitioner's in LUBA 16 No. 91 -133 point out that ig the extension of 109th•Avenue is 7 p the same tim , the other improvements envisioned l � not completed ��t t 18 by the city °'s dec ,sic n� Naeve Street will provide the only 19 outlet onto Highway 99W and Contend that unsignal.zed 20 intersizctio , is inadequate to perform that function safely.13 21 Although TCP Policy 6.1.1 is very general., and intervernors 22 cite a number of places in the record where safety, timing, and 12Although the record shows the Oregon Department of Transportation paktic4pated during the local proceed zn the proceeding • at there Is no indication in the reco :d that tLp city coordinated its di, with L.he Metropolitan Service Distvict or W6ehifgtcn County; 1 Petitioner Luton claims "the unoontrovetted evidence was that the proposed new street system would basalt, not he? �; the de veto ,pla ntif f Luton's property. " Petition for Review 1L intervenors p c hoto, he F`i� , correctly r wy' directed he ate' ��yet and roadway° system and .,: eceP�a�ril require s erected At .the t po �� x neeati.ve n - Y 1�, ae�x.�.o�is that may �tsve =, Y qu a that the oft avoid a negative i mPacta on develoPment of specific individual properties . Page 13 J - 24 Transportation Plan Map Notes: STUEL, RIVES 444 I'Z'' OF..TIGARI. ►01.; fun4ing of , improv'enents is discussed,' we agree wt h Petitioners that the r;ity must explain why it, believes the policy is satisfied by the challenged decision. 4 The sixth assignment of error in LUBA No o 91- -133 and the 5 fourth assignment of error in LUBA No i 9l 137 ire sustained. 6 SECOND MW THIRD ASSIGNMENTS OP EAR `LU A NO. 91-137) 7 Under these assignments gnments of f rror, petitioner raises` essentially two i851.149S.0 Frost, petitioner contends the city 9 erred by exempting the Sattler Street extension frock the city's 10 street standards .applicable to miner collectors 4, Second, 11 petitioner contends the city erred by failing to address 12 Statewide ",lanning Goal 9 (Economy of tn„a State) and TCP 13 provisions requiring irn g pr ®te�t for of c cntmercial properties. 14 A • Tha Settler Street Extesaei.on 15 Sattler Street presently terminates at l,00th Avenue. As 16 approved by the challenged decision, itt a Point approximately pP y 17 200 feet north of the existing Satt? ex metre at /100 th Avenue 18 intersection, Sattlex Street would be extended, from 100th Avenue 19 , to the west and desi nated, a minor collector, thus creating j �' � � at ing tv*::.� jog �f less �� s� intersections with 100th Avenue with a "jog" than 20 T �.n,terseet 21 300 £ ,et . As noted a.tove, such 4 ` ' `i' violates TCDC Section 22 3.8.164,Q34.G4,2,. 442, x 9 l� , el k . nYwr, p X11. p s. � j r ii �t s1oi.Yt ion. P the , following language ` to the TCP 23 to this y -oble� was to add. the bd� ro 25 "me desigrl of the / att1er Street i xtension may var 26 from the adopted City standards for minor collectors r` 27 Recorc2 21. Page 14 •1 • • ae . • 803',.`7T2 '6177'" 'STOEL" RIVESr 444 C I, 0 Petitioner contends time challenged decision, offers no 2 explanation of why the above eexera tion Eor' toe P Satt er street 3' extension i s pia rrantiad. 4 Nei Neither, contends t e , tends pstiti,a9ner; do any 4 of the 'noticjes of hearing Provided in this matt er" suggest that the cJ.ty ;Proposed to amend its plan ` to ! completely exempt the 6 Sattler Street extension froth the standards the ) city imposes on minor collectors , Petitioner contends the city' e failure to 9 •provide adequate notice of its propesed action violates 9 Statewide P ,anning Goal 1 (Citizen Involvement). Petitioner 10 alsa contnds , the city? s failure . to explain why the adopted ..1 exemption i0 warranted cons'titutes . error, 12 we agree with petitioner that the challenged decision does 15 not explain why the Settler Street extension is excused from 14 compliance with the stre et construction standards applicable to 15 nu.nor collectors To the extent th,e exemption me - - intended only tiara is i nde 1.6 to obviate the requirement of TCDC Section 18.164.030.G.1„ there 17 is ao $ xp for why TCDC Section 1 `r 164.O3O . G.1 cannot be ..t�.ora. 18 net,, and the eXemPtich granted is much broader than necessary to 19 eliminate the requirement for compliance with that par,icul ar 20 standard. Because we are usable to discern the he: oity1 s rationale 21 for exempting the Satticr Street extension front' the street 22 constz uction standards applicable to minor Gol1eot +t±r: , we I kys a ree With th o s ± that Whle thvi cit y+ a nite.r( as y hav e, be er, lY ,to re lldae the- t +a r Ltr. t xa���.on f��rn tie �0G � f�d t � f" int4ersect on idi rcguit�rinta tie `q0uot� OcQmpt4eiit is much bzc�d�r e�itd npptra t y provies that he Sattler Street ctrnsioe need not C ly wit s t414.0. the ''.i*ir stilititrc s ai011,0 b .e to uiikO oollectcars, Pale 15' R • a ag, 01/29/92 12:46 VZ03 220 2480 STOEL RIVES TY OF .T`I sustain' this subassignment of error-115 U. Aso *l 9 and TCP Conteer C3a1 Pzop ®DIY Provisions etitioner contends the challenged decision will have adverse economic impacts on his property;, The S Rxtension of 109th Avenue may cut Petitio,ner's `propert into two 6 Parcels. Petitioner contends downgrading Naeve Street to.a 7 i jcal street w 11 adversely affect access to petitioner's f c)mmercially p�,aaiined and zoned property. In view of these iitpact , petitioner a;ontendh the city erred by failing to LO e•dplain why it decision is consistent with Goal 9 and TCP 11 )rovisions requiring protection of commercial properties. 12 ?et it for a =1' s concern 13 Naeve Street, 14 affected by is that the pre>pertiess now sfArved Eby and his property in particular, will . be adversely the challenged decision. It is ` not at'all C ee aP to 13 us how the poteztial adverse t - ansportation and access impacts noted on the P• � ;,� e> of the record cited by petitioner Could 17 amount to & violation of Goal 9. Apt intervenors correctly note, j Goal 9 requires the city n [t3 o diversity and improve the economy • of tihe' state . The oa does sot require that a �' �.1 oity .p]lanin � ng 20 dec ,sLon.a gvoid as d� ►ease ecc�x�cam,c . 1;mpaots on ind3�riP.lual 21 p�.opc; .`ties. Pelt tioner`' Goat,• 9 ailega ions axe not 1s1r.n arguing the not ices of bearin 4 identi f ecifica1i. t .a 4 pro.r3.dad t,ba e3ty ` Ablate Groin 1, gotit�.��s�er does aot �Y P � �' `�ioh _, . � t " Y ls.erres Kere �•��lated and dais 0c�t P g�ova.rnoit+e ,� ..,�, cDp Y �. pr ®wiaio�aw bf i►ha Tcr crr the T Ar 3. �.k*men Goal ± . 174 tats thttl ti'*e cit het and air been ado ted to notice bf i g1.01 � ►�..p1an a..a6eitirents � r Y pre0Z;' persons iwlshi;n . � a,� riat�.cea of hea1� n� ere ad4�p4�t.e to s►dvia�� g to p.�rG�.G�.pate iM o . . e ... - �iO lon t. UtteAda �, tab p�QC ®eda.n ;�' ot thociit, ti:� a df th Fa'ge 16 Uit 4 rir ivM.;- lnrlGl.Y surf, s�ava V art sufficiently veld ed "and. re ec _ y �a�eed ie 'TCF po i% cfted by peti�t1;On e ,. r e specifier exceptions, that t h a cai,ty "pronibit re idOn ia'3.. , develca merit ,, pit ° c®mmecja,Y and ii"idtust','rlal Colin d st,r w g ct.. .°.i'4 �. C `iTi �e:r ./.t„yQ ner s rguatent is apparent;l b • iew Y azed ; �A h1� : r that the a4.1. ge l decis jrn .S pri mar ly intend?d . to ,a. 1.0 development of . i.ntei venor8 ,t a. zone joroper , Z .e nsc the • chal.U.engad o; ; 4..ra,QZZ ' doet not approve residential 'development i • Pent ..n c �}1Tt1 d al and indu0t4 salr zones, we .' a:ti . to sere: how the 10 cha1140n00 decision vi ►latex' MCP . olicy V'l.5 HQwewer EocP;,thkic 1 Xmg esuentatir n 5.t atel� , 19 wh s e��. fo�aaws ��. � p gy. ., ,� � ey, reseaits 12 a d ffe nt quest .on. That, strategy 'equires as, f0]1os s: 13 "The (ity shall cooed• na -� t � asaxi.ing 14 �;he M,��,,t�, =c 1�, t� a�..s Pl g e�'i�crf�:a :with �e Service stars p .strict and c�rcon • 15 Department of T xans 4�ra�ti�.$.o�. '��, !!�'i�'uY'e �d� p �gv.a'te access '16 from major tr arteiial routes e • cia] d m17 and industrial area . " CP Economic hplemert t.on a18 Sai e gy 19 • 19 � r f ss r•erteAtticiri str2te qY , 9 may ;; C Imp3. cated 20 by the y challenged 4ecisi,on, and the city rube address gnat 21 strategy on reaand. 22 The second and_ t rtmenta of erro1. 23 91 -137 Are sustaL.ned in part. 24 The city's d °cision is Page 1 reande (i7G 2ii /I1t2503 220 i hereby' cettif S that Served t a o8 + oin g Fin ,: � ,k 3 Order fO . LUBA ' Not. .91 -133 a3.1'iag' to and 9 2 c.x amidaartie fix' thou 'attorney a ; true , copy �° there.)f,. , 7 contained in a sealed e n p th postage e prepaid ,'addressee to 8 ,maid parties or their attorney, 1.0 Jac' k L. Orchard 11 Richard whitman 12. Ball J x� Ball, anik � & •s�� v Sck 13 101 Sit Hain Street, Suite 1100 14 1 ort'.azd,,}; 4R 97204 u ` c,.s E. Bean, I Ii l'11670.`!,-; 7 art, t al 18 22 aW Co1umbia,, Suite 1600 19 PO etlarid, OR, 97201 2 21 T.. othy V. Ramis 22 0 ,Donnell, R2ami 23. 1 727 NW YdcYt. "`Street 24 I ortland, OR, 9720D 25 26 :Steven L. Pfeiffe '27 Stasi., Rives at al 28 900 SW Fifth,, Suite 2300 29 loo %;;tl nd, oR 17204 30 31 32 Dated this 28th day of January, 1992 3., 34 36 37 38 39 qs Crs . r � inistrati'e Mkt � leis eso rte w March 4, 1992 To Who'rn It May Concern: i '; ttur. tre.q +Filtil tY:nM,� p ' �' onz�' »Y6 k AS you are most likely aware, there are two items scheduled on the March 992, City meeting relating to transportation and development issues in the Little Bull d!`e ` ,en area Information on one of those items, the Transportation Map Amendment, is incl eded with this letter. The first item on the agenda isthe Public hearing consider fd � r matters with an $m3ndm8nT to the City's Transportation Map. Council amended the i'nep on August 1991. That decision was appealed to the Land Use Board of Appeals (LUBA), and was refs subsequently remanded back to the fifty Council for clarification. The C' has drafted additional u se ue ended,. q '� b findings related to the LIDBA remand. 'Jou should note that the etaff recommendation , regarding in th e r extension has changed. It is now bein g recommended that &tat' Street planned � a local collector) street, yet still connecting from 100th to 109th. Tentimorly on the L1113A rerter 'e 111 be limited to those issues associated with the remand. nd. T • eteff report addresses and summarizes the issues identifi r ®d by LUBA; if you wish to see '�� of the entire, LUBA decision, please conteel John Acker or myself. The other items on the agenda are the two appeals of the Ti ~lad develcpinent p, opo l • one ,/ NPO #6 and one by Marge Davenport.. This hearing will be based upon the a eiovel proposal ®prr�r>t p+' sal by Triad; testimony wild be limited �� those issues associe Gd with the appeal of tbe develcl me t � report � Y+ at Tsai. Copies of the full staff a�,�- f't the developer's proposal are available CkyV r aft or the Tigard Library. Ary written testimony en the LUBA r tt�: 5:00 pm March 10, 1992, will berreproduced e hearing or the �n by staff for the Council hearing that Triad aRpe prior s p oral testimony , please sign in meeting eel if ��t all ,p�ossibla. �+, . �, Council �1 let the Mayor know at which hearing rg in at the door at the Coo y ea ng you wie4, r to speak. °If you have � the . . , please any a►u�estio� ss regarding trr� LUBA remand le:�..� contact John Acker. q -" .., Jerry Offer, or feel free to contact as well: Je ue 1 ns regarding �,ra�n the Triad appeal, please contact 9 9 ph p Sink= ily B and J. lk urph }14, Community .evelopment Director esd.0 13128 SW I-10H B .Cap Boo 23397, Tigard, or . Win: 9722,E (503) 6 ---� ROBERT '1 UTON 20 BOX 4 `BLACK 18UP'E RANCH OR 977 Rya► . WOODS: " " TRIAD DE INC PO BOX 8807:0 SEATTLE WA 98138 201p �Al4E R. MILLED . 1Q':420' i ;W HIG ILAN) DRIVE TIGARD ' OR; 97224 FRED W VAGAII ONP.1.5 ' T ROGER 15580 SW PACIFIC, HIGHWAY' 15518' SW 114TH COZTET #60 TIGARD OR 97224 TIGA.,RD OR 97224 MELBA STANLEY 15510 SW 109TH TIGARD OR 97224 JACK 'ORCHARD 1100 ONE MAIN' PLACE 101 SW 14AIN PORTLAND OR' '97204 VERN & ;'COLLEEN JONES ' BEVERLY J 'R:OLUD]E 14320 SW 100TH AVENUE 1220 SW BULL 1MOUNTAN ROAD TIGARD OR 97224 -4948° TIGARD OR 97224 DOROTHY r TERM "11 15495 SW 109T11 TIGARD OR 97224 JACK RZ TI3A1� 155 ;5 SW 109TH XJARD' OR 97224 AL ERICKSON 15200 SW 109TH TIGARD OR 97224 0,1 CONiPREHENSi'VE PLAN TRANSPORTATION MAP AMENDMENT FOR THE 109TH /NAEVE AREA e`er NPO #6 is recommending that the Comprehensive Plan Transportation Map be revised by (1) designating new minx collector roadways in the Little Bu!l Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. On December 17,1990, the City Council authorized Neighborhood Planning Organization (NPO) #6 to initiate consideration of a Comprehensive Plan Amendment focused on transportation issues in the area of SW 109th Avenue and Naeve Street. Subsequently, the Engineering Department stag developed several conceptual plans for a street system in the study area. study generally as the area . Murdock area was ®n ®tali defined �s t The sto.� bounded by Highway -!►9W on the west. Muvrdock Street on the north, 100th Avenue on the a st, and the Summerlield development on the south. The NPO discussed the options at their meetings in March, April and May of 1991. Interested property owners were invited to attend and participate in the discussions. Following discussion May meeting, NPO voted to initiate formal consideration • g th at the tTrans Transportation Map amendment proposed in this of the specific Cc�mpr�� , ��,,ive Plan p p � p application. Ex pg Plan i g _ is designated � or In the existing Comprehensive 9 p Naeve ign��ted �s a minor �txAll ®c� sloe Plan, have Streefi Street is designated as, a minor 9 street between Highway 99W and 109th Avenue. Sattler minor collector streets, 'along with co,� Avenue. and Sudnrnarli�'�� Drive g ` A actor street east of 100th These two Canterbury Lane to the north of the study . area d e to the south provide the primary ... y existing , • I See ` rims access routes. to the study area undo, the zlan Attachment No. 1. The current street system is shown in more detail in Attachment ado.. In general, the easterly portion of the study area is designated for • density residential . i i n oreside residential development development. The westerly portion is designated for multi-family r with some commercial zoning along Highway 99W. A number of e� cels within the study am have potential for redevelopment. Attachme nt No .5 shows ` hoexisting zoning. C ANsPOI rATIOW HAP A.PPLIC TIOM 1O9 t'H /MAESIE i'A I �. PA, TR. 113 Neighborhood. Concerns The NPO and others have been concerned about potential traffic impacts of future development. Specifaca'ily, there is concern that future development will result in unacceptable levels of traffic in the areas of existing residential development. There is also concern about provision of adequate safe access to Highway 99W. Some of the concerns include: • The alignment of existing Naeve Street and 109th Avenue tends to direct traffic into the Summertield development. Traffic from future development in the 1 o9th/Naeve area may use local streets in Summer'fieId to access Durham Road. i ,�) pe , future development Currently, a portion of 10: #h� Avenue is undeveloped. If �� ti� attracted to P missing sectia i of 109th, then additional traffic y completes the moss 109th Avenue as 'a through connection between Surnmeriield and Little Bull Mountain. • ion is needed A street connect` ' i- use ®en 109th/Highland and 10901/Canterbury for emergency vehicles, in the (Onion of the emergency service providers. • Within the study area, there is currently no connection between 100th and 109th Avenues. If Hoodview and Kable Streets are extended directly to I 09th in the future,: they vviLl tend to operate as minor collector streets. • The intersection of Naeve and Highway 99W currently has no traffic sinn,:'i, making it difficult to make left i , safety if turns at the intersection. There is concern nil gat ®n of the of this intersection if additional development occurs without s g intersection. Y signals Highway • There is concern that there are. already too �°.nan si nals on Bpi hwa 99W, i 9 through A signal at Na�9ve Street might furth 3r impede hindering the flow of throuoh traffic. traffic flow on Highway 99W. The NPO was looking for a plan which would address all of these concerns. ODOT Concerns The Oregon g Department o of Transportation (ODOT) has designated Highway 99W as an Access Oregon Highway (AOH). 00T is developing regulations to protact the AOH including . g of access. result, When i. ing o restrict the number system, oncluden co of rot As a result ODOT is striving to of street. and driveway accesses to the highway. When possible, ODOT would like to close existing accesses. CP H T R A N S P O R T A T I O N P - APPLICATION - 10 9T1i/NAEVE PAGE 2 • Previously, consideration was given to construction of a new access from the study area to Highway hwa 99W opposite Beef Bend Road. ODOT has determined that this is not an acceptable proposal, due to the steep grades that would be required on the new street approach. The Pro c� sat Attachment No. 2 shows the amended Comprehensive Plan Transportation Map which the NPO its proposing. Naeve Street, currently a minor collector, would be changed to a local street designation. SW 109th Avenue would be extended as a minor collector from its current terininus south of Murdock Street; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and rneeting Pacific Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled , Sattler E Ktension , is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. Attachment No. 4 shows the approximate alignment of the flew streets. Traffic Impacts The total traffic to and from the study area is not changed by this revision in the Transportation Map, because there is no change in the zoning. However, the routes used to access the study area malt change under the proposed revision. Traffic using Surnmertield streets to _ ass the area is expected to decrease under the revised plan, as the plan provides only an indirect connection to Surnrneriiield. The proposed sed Sattler Extension will provide a direct access to the east and is expected to carry approximately y p This to rnatel t `® n0 pp � y ?'Oa vehicles per day when the area is fully developed. volume is in the low range for minor collector streets and within the range of t volumes for local streets. (The background document for Tigard's Comprehensive Plan .r � a local. streets and 500 U3,000 for minor suggests .ran a of 0 - 1,��f0 vehicles per day for some be p s ) Without the Settler Extension, some of the t expected collector streets.) ` e ;�, s. ®�`�� �, . traffic would �� ®°� rout r Summerfield Drive as to use Canterbury Lane, Murdock tree, sable Lane, and to the east. Elimination of Naeve Street as street ►s expected to increase the volume of I a collector Highway via Canterbury Lane. When the traffic using SW 109th Avenue a to reach Pacific g y y p y. ref expected to be approximately area is fully , c volume on 10th is exp me will be substantially developed, the Dail traffic -� This vole to l y 1,500 - .:.,2,000 vehicles per thy Weer Murdock Street ont access Pacific Highway. reduced of Naeve Street is maintained as a right t Y to Pacific Highway at Royalty Parkway will reduce the projected tra new access Pacific .. � `lic The facts 9 .. • expected 1,000 to car :..app a,.el volume on Naeve .... ��- area is fully developed. ve �t�eet The n�uv street. is ex � vehicles per day south of Naeve Street when the study a y �. P2Ai APPLIC ACIT.ON -- 1.0!THMA VE PAGE 3 CPA �I��i�RTP�ti'�i�1� re w dstfn� 1O6�tl1` Avenue a Naeve Street' ... Existing 109th Avenue north of Naeve Street la a steep narrow gravel roadway. It is � intended that this gravel ! roadway t�rould remain as a local access from Naeve Street to o� the adjoining properties. It is intended that the gravel roadway would not connect to the minor collector portion of 109th. In the future, when the properties east of 109th are redeveloped, it is intended that the gravel portion of 109th would be eliminated. Gorlcluafona The proposed revision to the Comprehensive Plan Transportation Ma Comprehensive � Map appears to sails A ehensive Plan Policy 8.1.1, by providing a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. In addition, the proposed rev i 3ion addresses neighborhood concerns as follows' It reduces th potential for throe ,0 traffic in Sumrrterfield by eliminating the direct connection to 109th and Need =o It provides for emargdr;cy vehicle access between Summerfield and Little Bull Mountain by a series of indirect connections. It eliminates the safety concerns of ex stirs Naeve/Pacific i a 9 c0fac Highway intersection -4 R 9 cton b Y by providing an aaternative access at Royalty Partway. It provides a new access without requiring any new traffic signals on Pacific Highway. It is consistent with the Access Oregon Highway T3'andards. CPA - ITSPORTATTQj, ' l APPiit+ Ar lot 109T /NAE E PAOE, K• meg Jaa NE OR 1JL7, CITY of TIGARD+I, OREGON TO: Interested Parties FROM: e'er Offer, Associate Planner DATE: February 10, 1992 SUBJECT: Council Review of Appeal of Proposed Triad - .Tigard Development On December 10, 1991, the Tigard City Council continued the Clearing on an appeal of the Planning Commission's decision on Site Development Review SDR 91 -0013 and. Planned Development Review PDR 91 -0006 for Triad Tigard '..Limited Partnership. Marge ,Davenport and NPO 6• had filed sepe; ate appeals• on this Commission's decision. The City Council hearing was cos. }e..inued to ehe Council's February 25, 1992 meeting. Due to the Oregon, Land Use Board, of appeal's remand of the decision for Comprehensive Plan Amendment CPA 91 -0002 (described 'below) and its effect on the Triad PDR /SDR apislication, the 'Community Development Department will recommend that the City Council continue the hearing on the Triad site plan appeal to March 10, 1992, or until resolution of the issues related to CPA 91- 0002., Please contact City Recorder Cathy "Wheatley or the Planning Divisiesn at 639 -4171 if you have questions regarding the rescheduling of this review. The City Council had previously adFebruary for s b ,Itl al o of written comments regarding this appeal. That dea4ie was 1992. On February 25, 1992, the City Council will be asked to respond to a remand fro~'. ' 'actor ,street through the' site affecting the the Oregon Land Use Board of A peals of an earlier Tigard,,.. alignment of a minor col, which, Triad p 1 g gnm i- _ functional street proposes to develop, as well as other street all en�s� had funcr i classifications in the *area. This Plan amendment Had been proposed k!y Neighborhood Planning OrgaLnization`#6X The previously approved amendment had: 1) eli ninated SW Naeve Street as .a minor collector -street on the Comprehensive � N Plan's Transportation Plan Map; 2) designated the northern segment of SW .109th Avenue on Little Bull fountain' as' a minor collector street; 3') designated a new �, alignment _ SW Pacific Highway and Royalty oParkwa extend ng northeastward to connect with th northern segment of SW 1091 Avenue; 4) designated another new collector street from SW 109th Avenue y extending eastward to connect with SW 100th' Avenue near Settler,. Street; and, 5). included a note on the Transportation Plan Map noting that, the portion of this minor collector street in the area of the SW 100th Avenue /Sattler Street intersection could vary from City standards for minor collector street standards. The February 25th review Is intended to address City Council action in response to the LUPA remand of the earlier Council decision related to: 1) intergovernmental coordination relative to the review of this amendment; 2) potential effects of the proposal upon iniitentcrieC Statewide Planning Coal 5 resources in the subject area; and 3) effects of the proposal upon the City's obligation to provide for a safe and efficient transportation system as specified by C: hensive Plan Policy 1 8.1. In addition, the City Council will consider' amending the earlier "decision to delete the mii.nor collector street segment between SW 100th and SW 10th Avenues and the note On the Transportation Plan !Map related to street improvement standards for this section of roadway. As an City ouncil will r view �� Transportation Plan Map note calling • i l l alternative, the Cwt C ^ y SW and SW 109th A�vea�ues. for a local street connection in the a��a between Sub 100th a Jo /ADCC2.25 4 cll NOTIFICATION LIST • ° NPO Nero I(2) copies • Ci TY DEPARTMENTS Building official /Brad R. City Recorder Engineering /Chris D. Permits Coordinator /Viola G. •'. SPECIAL DISTRICTS Fire District (Pick -up box) FOR ALL APPLICATIONS Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Tualatin Valley Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & T4 sP- 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Rev -n Martin Rice ott Rang Fred Eberle Mike Boy "resort City of Beaverton Jim Mendryx PO Box 4755 5eave,w•ton, OR 97076 V"State Hihwa. c3 �' Bob Doran Pa Box 25412 Portland, OR • SPECIAL AGENCIES General Telephone Russ Wells 12460 SW Maii St. Tigard, 'OR 97223 A',W Natural Gas Scott Palmier 220 NW Second Ave. Portland, OR 97209' .`CI Cablevisiora fat Oregon Mike Baliock 2500 SW Bond St. Portland, OR. 97201 ._._:: Columb 3 a Cable ( Frank Stone) 14200 SW'BrigadO n Ct. Beaverton, OR 97005 Division 91225 -0412 A)10 CPO N0- Parks & Recreation Board Police Field Operations School Dist No. 48 (Beaverton) Joy Pahl PO Box :200 Beaverton, OR 97075 School. Dist. 23J (Tigard) 13117 SW Pacific Hwy.- Tigard, OR 97422 Boundary Coami.ssion• 320 SW Stark Room 530 Portland, OR 97204 METRO 2000 SW 2,76,a ave. Portland, OR 97201.- 5390,p v4/ 6trzfrt4A) DLCO (CPA's only) 11715 Court St. NE Salem, OR 97310-0590 Other u MnVlwi r AVI �' J Pte. r: r kl l am_ Portland General Brian Moore 14655 SW Old choli® Beaverton® OA 97007 Elec. Fry, Metro Area Cunlcations Jason Hewitt Witt 0/ /9kca Tet-mology. Center 1815 4411 169th Place ; S -6020 Beaverton, OR 97006 -4836 US > West Pets Nelson 421 3W' oak; St. Portland, OR 37204 • r'.a,:it Se�C�"`E AGENCIES ..,.,,,. _ Aeronautics Div. (ODOE) DOGAN :' Engineer D .vision of ' State Lands board ,° of Heta.th Commerce Dept. M. W 'P rI FLah & Wild Parke & Recreation Div. LC C< Sui.Iivision Supervisor Dept- of Energy y �, .� Dept. of Environ. Quality FEDERAL AGENCIES Corps. of ' Engianeers, Other Poet Office OWNER SouthCrn Pacific Transportation Company Duane M. Forney, PLS w Project Engineer 800 NW 6th Avenue, R. 324, Union Station Portland, OR 97209 TR'1.AD TGA2D LTD. PARTNERSHIP 320 ANDOVER PARK, E. 4235' SEATTLE, Wt J 98188 JACK GRCH.VO 1100 ONE MAIN j ,PLACE 101 SW 'MAIN FORTLANQ OR 97204 R. GREGG C` WESTON, P.E. KAMPE .; ASSOCIATES: INC. 3681 ;SW CARMAN DR LAKE, OSWEGO OR 97033 DON FELLER 9875 SW VIEW CT TIGA,RD OR 97224 ROBERT C. LUTON PO BOX 8041 BLACK EOTrE RANCH OR 97759 WALTER L CROW 15535 SW ALDERBROOK SIR TIGARD , OR 97224 DOUGLAS J. COLEMAN 15100 SW CROWN DR #6 ZING CITY OR 97224 K RMIT SCOTT 15605 SW 114TH CT TIGARD OP 97224 STEVEN L. PFEIFFER 900 SW FIFTH AVE PORTLAND OR 97204 -1268 MAYBELLE DEMAY 15300 SW 116TH AVE KING CITY OR 972M SCFIFIELD /CIVIC ASSOCIATION 10650 SW SUMMERFIELD DR TIGARD OR 97224 6+ ?`1NE KITT ,ESON 610 SW ALDER SUITE 700 PORTLAND OR 97204 Imam WATSON 10290 SW HIGHLAND DR TIGARD OR 97224 RACHEL KEEIM 15373 SW 114TH CT #103 TIGARD OR 97224 STEPHANIE MITCHELL 9335 ;SW VIEW TERRACE .°IGARD OR 97224 PHILLIP' ';PA PASTERIS E335 SW PINE BROOK ST T Ira± OR 97224 JIM SITZMAN & MIKE RUPP DEPT. OF LAND CONS. & DEV.; 1175 COURT ST NE SALEM OR 97310 -0590 LIATn1IEN RAHMANN ODC)T 9002 Ski MCLOUGHLIN BLVD MILWAUKIE. OR 97222. :JUDY WATSON 10290 SST IiLGHLAND DR TIGARD OR 97224 LISA BO WEN REGA :P C tTrr" R 15300 SW 116TH AVE SUITE 11 KING CITY. OR 97224 BEVERLY FROUDE 12200 SW BULL MT RD TIGAD OR 97223 JOHN BUOL 'CITY OF KING CITY 15300 SW 116TH KING CITY OR 97224 SCOTT KING WASHINGTON CO. LAND USE & TRANS? . 150 N FIRST ST HILLSBORO OR 97124 FRED EBERLE WASHINGTON CO. LAND' USE & TRANSP. 150 N FIRST ST HILLSBORO OR 97124 BOB ?ORAN STATE HIGHWAY DIVISION PO BOX 25412' PORTLAND OR > 97225-0412 ED,' DUFFIELD 8895 'SW EDGEWOOD TIGARD OR 97223 JUDY FESSLER' 11180 SW'' FONNER TIGARD GR. 97223 HERMIN PORTER 11875 SW C,AARDE ST TIGARD`; OR 97223 MILTON F, FYRE 12725 SW 121ST AVE` TIGARD OR 97223 CRAIG HOPKINS' 7430 SW YARNS ST TIGARD OR 97223 DOUG SAXTON 13415 SW VILLAGE GLENN DR TIGARD OR 97223 HAROLD B BOONE /2417 SW MORNING HILL nR TIGARD OR 97223 HARRY SAPORTA 14862 SW SCARLETT DR TIGARD OR 97224 MARY CLINTON 9885 SW VIEW CT TIGARD OR 97224 WENDI HAWLEY 14790 SW 79TH TIGARD OR 97224 VW4STA N E3A°J3EP. 11120 SW SUM ER LAKE DR TIGARD OR 97223 JAIYIES CASTILE 9563 SW INEZ ST TIGARD OR 97223 JOHN DILLIN JR. 10531 SW KENT TIC F►RD OR 97224 14600 ' SW PACIFIC NWY 'TIGARD AR 97224 PORTLAND OR 97215 2S110AC-- 01200 •e••• ROBERT - r WYATL INC BY KIMBERLY ANN DOYLE 5642 LOS ANGELES AVE SIMI VALLEY CA 93063 2S110AD- 09000.• •••'••••• •••• . H IMMERLY' RAISON J AND LEAH R 14807 SW 109TH TIGARD OR 97224 2S110AD -09100 •• ..r.••••. •• ... 040 WILSON, SALLIE L 14815 SW :109TH AVE TIGARD 'OR 97224 2511OAD -09200 . a ... BRAZILL, BERNADINE E 14817 SW 109TH ST TIGARD OR 97223. 2S110AD— '08801 ............••••••... DER, TERRY LEE TR EY SIZ**C0 PROPERTIES INC PO BOX 4162 PORTLAND OR 97208 2S110AD -90002 .e• ••• ••• SIECEN, KAREN OLSON 334 LOS ALTOS DRIVE APTOS CA 95003 2S110AD -90001 ..o.•..... `...... LAMB, JAMES 0 LAMB, MARY LEBICA LAME. ROBERT , E ET AL 14820 SW 109TH TIGARD OR 97223 2S110AD —J003 ........ • MUNSON, LE MOINE LEE 14824 SW 109T} AVE TIGARD OR 97223 2S11QAD- -90004 ••••••..•.;••••••O••.•. SANDLES, GLORIA 14826 SW 109TH AVENUE TIGARD OR 97224 2S110AD- -90005 �••aoo •a ••m •e•w • DACOSCOS, RAYMOND G AND HELEN 14828 SW 109TH #5 TIGARD OR 97924 2S110AD -90006 .••• e. •.r•..• •• •. WYBENOA, DOUGLAS E AND DANIEL R BENGA, MARILYN 1C 14830 SW 109TH' TIGARD OR 97224 2S110AD -90008 .e...w•••..•..r•..... LINGENFELTER, SHARON M 14834 SW 109TF3 AVE TIGARD OR $7224 2S110AD- -90007 •....•..........••••.. PASSERINI, ALBERT S & PHYLLIS N 14832 SW 109TH TIGARD CR 97224 2S110AD -90059 •.. .,...o....• SWAYZE , MARILYN A 14956 SW 109TH AVE TIGARD OR 97224 2S110AD -90058 ..................... BRAITM.AN, HOWARD E & LYNN CO TRUSTEES 3025 ALISO CANYON RD SANTA PAULA CA 93060 2S110AD -- 90060. .... • GOLDSMITH, RICHARD E 14958 SW 109TH AVE TIGARD OR 97224 2S110AD- 90061 ......•. ... .a... PETERS, PHYLLIS KERB 14960 SW 109tH #61 TIGARD OR 97223 2S1110AD*90063 r • . e w .. Id . + o e LOU /SE' DAVIS, LAURIE JO 2S110AD -90062 1...1.0..0 4 .' • ....... ■ sdadsTEkt LENORE;A 14962 SW 109TH TIGARD OR 97'223 • .. 2S110AD -00064 w.. is .. a ..... • w ii . i . SM TS ", GIIBONS, • SEPB'. 2S11OAD -90065 14ANGAS ?: IDI' .� 14968 S6n1Y 109TH TIGARD OR 25110AD7,90067 WELLS, MARY El 14972 SW 109TH;, TIGARD :OR 97223 2S110AD- 90066 •!.••....••••.•••••e OREGON, STATE OF DEPT OF VETS A� MITCHELL, RONALD 149.70 SW 109TH .AVE TIGARD OR 97223 28110AD- 90068 • • .'. LAVA KARIAN *. 1497.4 1SW , 109`IB AVE TIGARD OR 97223 2S110AD -90069 - ..o•••..•.••,.eao.•••.•e•..:. BRANDT, MABEL H 14980 SW 109TH. AVENUE TIGARD OR 97223 2S /1°A11""90070 •....•.•.. ... DOYLE, SHARON 14 14982 SW 109TH AVE T;■:GtD OR 97224 2S11OAD -90071 LENOW, IIATHRYW E 14984 SW 109TH TIGARD OR 97223 e••••a.•••• 2S1,<<'., 1AD- 911073 ♦••••..0••e•••.•. NEWT D, EVERETT BOYDE 1496'8 SW 109T1 TIGARD OR 9 24110AD -90072 ..•••...•.•....'... . OREGON, STATE OF DEPT OF1 VETS AF % ELDIEN, NORM 7007 SW 33RD PL PORTLAND OR 97219 2S11OAD -90074 ..•e.• •••...•• • ••••••'. GOETZ, STEPHEN 7? 8056 SW ASHFORD ST TIGARD OR 97224 25110. D- -90075 • • .... • r •a .. •• • • •• WHITE, CYNTHIA F. 14992 SW 109TH AVE TIGARD OR 97224 25110AD- 90076 e.•••••••••• ROSENDAHL, GILBERT N 14994 SW 109TH A` E TIGARD OR 97223 . • e -c • 2S1]q .OAD -90000 •. „..•.•.••e *..e• CANTERBURY WOODS CONDO BY .HOFFMAN AND HOFFMAN HILLTOP ESTATES 1888 SW HA IXSON PORTLAND OR 97200 2S11ODA -00300 eo.. *e.••.••. MCPHILLIPS, B A 15100 SW 109TH TIGARD OR 97223 28110DA -00200 ...••.•'•••.•.•• ERICKSON, ALBERT H Kc VERLENE F 15200 SW 109TH AVE TIGARD OR 97223 2S11ODA -00400 so o 00,00411 111 • . a .. o o °. . ■ MCPHILLIPS,, B A 15100 SW 109TH TIGARD OR 97223 2S11ODA. -00500 ..w.. •..i+.'. ERICKSON, ALBERT H ITEIEILEINE I' 15200 sW 109TH AVE TIGARD OR 97224 2S11ODA- 00900 .. • • LA,W, BRUCE A JANET L 15400;' SW 109T14, AvE TIGARD 011 91223 2S11ODA- 00800 . .. . LAW 4 BRUCE A AND 47AI ET L 15400 SW 109TH AVE TIGARD OR 51223 2S11ODA -00600 ..d..•.' LAW0 GEORGE AODREY 1538fl SW 1C49TE1 TIGARD OR 97221 15430 SW PACIFIC. , HWY T/GARD 0R ,97223 2S110DB -0 ©900 • E'ECK, CHARLES JR BETTY VERNE 11000 SW KAEVE ST T.TGARD OR 97224 2S11ODB. -90711 • • • • • .• • STULLENBERG, CLARIBEL G 19'180 SW 114TH CT *71 TIGARD OR 97223 2S11ODB -00300 � .............. NOFLE PACIFIC CONFERENCE OF TH:2, EVANGELICAL COVENANT CHURCH 925 116TH AVE NE SUITE 221 BELLEVUE WA 98804 2S110DH- 90721. • ••• . ABSHEAR, FLORENCE 15480 SW Y,,3.4TH CT #72 TIGARD 0U' 97224 2S11ODB- 90732' • GUSE, PATRICIA 154,80 SW' 114TH TIGARD OR 2S11C B -9Q742 ....••♦•... •aeeo•,e• TYLER, ROSE V 15480 SW 114TH *74 TIGARD OR 97223 2S110DB-90751 . , .. ... •. 0 0 0..00 0 00 HA,RR L, EL IANO;R K AND RICKS, NICE E 15478 SW 114TH CT TIGARD OR 97224 2S110DB -90761 ....,._..• PHILLIPS, ELNORA I TR 15478 SW 114TH *76 TIGARD OR 97224 2S110D3 -90791 ...•,........ .. •. ». MORELLI;, MARY P 15478 SW 114TH TXGARD OR 97224 2S110D8 -907G1 .........o.. PHILLIPS, ELNORA I r'et' 15478 SW 114TH #76 1IQARD OR 97224 28110D3- 90772'. ♦•.•..•o..••.. • COREY, MURIEL T', 15478 SW 114TH CT *77 TIGARD OR 97224 2511ODH- 90782 .. .. , >..... e 4 MCCONNELL, JUDITH M 15478 SW 114TH CT *78 TIGARD OR 97224 2S110DB- 90802 .4.. ... 444 VA 4LOY GLADYS M 15478 SW 114TH CT ¢80 TIGARD OR 97224 2S1.10DE -90821 ••o.r•.••o• . TAYLOR, LOLA 14 ' 15432 SW 114TH CT *82 TIGARu OR 97224 2S110DR- 90811. ....,.....,..•....•.. •.. HILDRETH PAUL V AND RESLOCK, LEE C 15432 SW 114TH CT *81 TIGARD OR 9722+4 2S11GPB -90832 e...e••a.•..a••4,•••••. TRACY , SHARON M 15432 SW 114TH CT #83' TIGARD OR 97224 28110DH -90842 COMER/ VERNA D 15432 SW 114TH CT *84 WIGARD" OR 97223 • • r • • • —. ewer 2S110D8"'90881 i . u W ,:. +M • i . e + YODER, JOSEPH Ef FLORE2a'C:E 15430 5W 14TP` CT t86 '. 2511008- 90851 .. . 4 4,4. ■ 414cbrItt.ii w .. •. YODER, JOSEPH E AND FLORENCE' +? 15430 Str 114TH CT #86 'IIGARD On 97224 2S1IOD8.90872 ... . w BOLL, ? D 8THEI E 15430 ,SW ,,Y44TH c' X87 . a 44,644 2S11ODB -90882 • 17ARLANE ROBERT L AND MARGARET aT 15430 SW, 114TH CT #88 TIGARD OR 97224 2S110D13-90891 K,ERd3EL, ALICE G 0 130X 3408 OEARFHART OR 2S110DB- 90901 ••,•••..••.••�•••e.e.'. EATON, P IHARD . A AND HA NELORE F 15437 SW; 114TH OT #90 TIGARD OR 97224 2S110DB -90912 ...e.• GU NF.LL MARJORIE I 154;31 SW 114TH CT #93. TIGARD OR 97223 2S110DB -90922 eea•.....e•oeaoe. WILSON, 'PHYLLTS A 15437 SW 114TT4 au 492 TIGARD OR 97224 2SUODB -90941 •....•••• • dgeoe see .• LEVIJ , DOREEN A 15437- SW 114TH CT #97 TIGARD OR 97224 2S1101)8- .90931 ee••e.••s.• .. SCHICK, HAROLD RJR AND 'LP!A G 15437 SW 1144113' C2 -7 #93 TIGARD' OR 97224 25110DH- 90952. CARMICM p FRED W & GLADYS L 15437 SW 114TH CT #95 TIGARD OR 97224 2S110DB -90967 •e•es••e.... ALGER, 'GBESTE�� 15437 SW 114TH COURT #96 T3:G1kRD OR 97224 118110DD- 11000: r . e . o • e e . • .. o .. o. • • • •e STANLEY, JOHN S AND MELBA M 3.5510, SW 109TE TIGARD OR 97224 2S1.10DD- 11100 .•.••....e•.••••..... NOEL, WILLIS A /LUCILLE A 15530 SW 109TH TIGARD OR 97223 23110DD -11600 •.••.•• -_• .. BONE a CLAYTON B 6, _'iy'MI0IA N 10855 .SW HIGHLAND DR TIGF1W OR 97224 2S110DD -13600 •. . .. AVERY` BEATRICE AND AVERY, DANIEL GORDON 15515 SW 109TH. AVE TIGARD OR 97224 2S110bD- 13800 ._.. ... • ... .....e4 STERRET*Py DORO'T'HY P 15495 SW 309TH AVM TIGARD OR 97224 2S31(0D -11500 •e••••.•••••.. 4•• • JOHRSON, CHESTit a G AND J'Q 3 PHIUE D 10865 SW HIGHLAND DRIVE TIGARD OR 97223 211ODD- 13500 'd.. •. • • • .. a.,.. • . . BIETHAN; JOHN 0 AND JACQtTh L.NE L 3.552x'; S`P 109TH TIGARD OR 97223 23110DD- 13700 ... Y RI • O . Y • • e • Y e LINDSAY, WXl'•LIAH R AND JEAN W 3.55015 SW 109TH TIGAR3! OR 9792'1 2S1IODD -11200 .... ... ... ,. JOHN At m BsTTtANA 16550 sw 109TH: AVENUE TIGARD OR 91224 ADAM.S X. PETER P AND DOROTHY M' 10950 'SW 101 ST TIGARD, OR 97223 2S110CA�.9A045P .. e e • COLEMAN, DOUGLAS 15100 STS CROWN DRrVE 5' KING CITY' OR 97224 '.O. • • r . e'.. r e . i' 15100 S[n1. CROtfiTN KING''CITY OR', 25114:)04...'9 60 5 9 • e' 4:-.123ASON, ,A DIXON it ` BR6;114, ' 'WALTER L AND GERALD I,NE 460. E I&aIN T -3 II Si?,,,', AR, 85205 2S1:OCA -90068 . o ...... , '.', WHITNEY e, 1NA, , E AriD ` ALT,, BiERTI A' 1115a'0. SW 'MAJESTIC KING CITY OR .97:224. 2S110CA =,900OO •;'v KING C3TT ' ' CONDO;" UNIT CaaAiiRS SY TUALATIN; DE"J'Z'�;O?K 15300 SW ' 16?''B AVE` TIGARD. OR. 97223 • 2S110AD -40064 AkFi■iDA M — GISRONS,,' .1OSEPHr ` ' 1496E .STi 10970 464 TIGARD OR 972233 �28110D8 0050A `GARDEN ,CENTERS NURSERIES INC 2500, ,SE TACOMA 3r "CRT1.I�ND' OR 97202, 2Si ,a"iDB- 0Q40U,'.. ■ •. • • • • LUTON, RQBEAT BO BOAC 8041 �LAcit. BUTTE RC/it OR 977. •;.• • a • 2snobs- 9o8o, . „.... .. • . YCDER, 'JOSEP;T3 El/FLORENCE a,' 15430 SW 114T11 CT 186 TIGARD OR 97224 2S3, ODE -90851 <.. �.'•• • • YODERO ,JOSEPH FLORENCE J, 15430 SW, 114TH CT 126 TIGARD OR 97224 2S11OCA- 90043�yi 15i1100 SW CROWN TIGARD OR IAA A DR 4.8 97224 2SI10CA- 90044 .•ec•••♦••s•• •• BRADFISH 1 NORMA J 1515.0 s,W' 133RD TIGARD OR 97223 2S11ODB 0080° ..m. IODB -00600 AOEMER, EUGENE" MELVIN AND .'AITH ;ANNETTE 15430 SW PACIFIC HW'Y TIGARD OR 97223 2S110DB- 908;2 . .. ••.•••••.e•,,,••., C3RROIL, D 1 S'��.'EER E 15430 SW 144TR CT 187 TIGARD .OR 97224 2S110CA- 90046 •.. WALKER, GORDON V WALKER, SUSAN B WALKER, MAXINE 15100 SW ' CROWN DR 15 . KING CITY _OR :µ 97224 2 1 ••.. "' 10CA -94 .... 047 ..... .... '.... y, GILBERT, VIRGINIA LEE 15100 SW CROWN DR NO. 4 4'IGARD OR 97223 t w.4 .,.� »F.a 44. L j ?.14141. ..... "+w . «y.�..t�,s..Z....L ...! .,^ W:x Al LF4. • . yid 4 e• 2S11Oq DB.- 90351 •••.•• r•r•eee SC1LROEDER, WALTER W .;:& M RJORY E 15485 SW ,13.4TH CT . #35 TTGARD:.OR . 97224 2S11DDB -90371 . •,:..` . KINCAID,' LESLIE 'W & 'JUANITA -' 98,5©,, SW HAWTF_�ORNE LANE PORTLAND `OR 97:225 2S:,10DS- .90392 • . . • • • . • • • 3CHENK, IEUAS AND SOPHIA M -15485 SW .114711 I CT TIGARD OR '97224 2S11ODB- 90411 • • • • ..:.. k, .. ROBINSON, SHIRLET! T 15483 SW 114TH C'T #41 TIGARD OR 972211 • 2S110DB- 90432.' •...•...•••.•.••• • ROGERS, VIRGIL 15483 SWA'114TH #43 TIGARD OR 97224 2S1.. UODB -- 90971 • •• e • • .. •• . ,. . • FISHER, FAY L 15435 SW 114TH CT #97 TIGARD OR 97224 2S110DB -. X0991 •....•...... NTOLLY, K LQ JISE 15435 SW 114TH CT #99 ' TIGARD OR 97224 28110DB•91012 •• ... ••a...•...' Sl ?YKER, ELLXNA SZaALOBRYT, JANE C 15 135 SW 114TH et ' ".1,01 TIGARD OR 97124 2S11ODB- =91031 • • • NEHN.1, RACHEL TRUSTEE USTEE 15373 SW 114TH CT TIGARD Olt 97224 PORTLAND .;� 2S 1101)E379036 » .. . ....... . . MCMULLEN, RICHARRD t.EFRTRUDE .M, TRUSTEES' ;15485 SW 114TH CT #36 TYGeiiw OR . 97224 2S110DB -90381 . e • •... • .'. • . • • .. . LARSEN, CLAIRE' • . 15485 SW ,114TH 'CT #38 TIG,A`di OR '97224 2S11ODE -90402 ..... • CARROLL, JACK J AND ' KAREN E 550 HARLOW :RD 4210', -.SPRINGFIELD ©R 97477 2S110D8 -90421 • ••••••••• ... • • AMACHER, MARIE A 1546'3 SW ' 114TH CT 442 TICARD OR 97224 2S110DB- 90< 42 ... • .. • ........ 14ESSINGERc EDWARD J AND ANN B 15483 SW 114TH CT #44 TIGARD OR 97224 2511018 -90982 e...•... BARNTT, ANGELA 15435 .5W 114TH CT #98 TIGARD OR 97224 2S11ODB -910Q1 ........•... CUMBEY, ROBERT B, TRUSTEE 15435 SW 114TH k1T 4100 TIGARD OR 97224 2S10DB =91022 . -..... AsEmGRF, ALPHA MARIE, 12614 E A ' N0 EIMPARRADO SAN DIi:G0 CA 92128 00 OW4160 2S11ODBe -91041 . n:e • w •'• �• a • • . �• e 10ENS, Gill TRUDE L 15373 SW 114TH 'CT #104 TIGARD OR 97224 2S110DR49 ,sicywvt., WXLLi1M .A 'GpiTEITIEV.: R 15373 SW 114TH #105 TIGARDoa 0 2S1101)3..91071 d • • 41 • • *4 • HENDEit.ON,c ROBRItt D 214D , 2S110D8?91092 • 2S110D2-91102 TAYLOR/I' RICHARD K AND 'r ' • RUTH DIN 15371 SV 114TR CT #11Q TIGARD OR , 97223 , . ..••••••••4 ' " • « .r w,•••,.. �a« ?atIr:; 'sNO?RIQ . 'H3IhIS 1/9006p-arOttSZ ZZL►S HQ moI/ E•T,6Ot Z96tT V saoNat 'u2ss S I • • Z9006'-QVUt is Z 1/3'L6 a3VDIt 3AV HL OT Ms SS6tT H n1111'110111 an4INSa709 0000.0••.•'. 0900C-avOTtSZ 090E6 VO V fl fJ 'WWS au NO.XNVO OSI'ZK SZOE saallsma CO z '4 ? =MOH 'NVPUIVea 0 • •;• • • • •'•,w • • �'• • . • • • �, RS006- QVOTtf3E • VZZLF bT0 aavf)i 11160T MSS': Egan N STaIXRd e 2 32IS8'IK INI2i3SRta • ...•.. .... 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VZZL6 ia0 auvIs 71460T 60t MS OE9'6T' 3 w►' l2iimi ' "waisxM Zi ' SINVQ QNV 3 17V7DfOQ ''1fON71RX14 '' ... ........... «.•• 90006-nVOttS l'ZZL6 110 nliveIX SAN24V HLti0t Ms 9ZBPT Via 6 70 ''► S2'TaNvs 00' V0006-WQTTSZ J • • E00f.36 " a SOMV ai x iq SQ IV SO''I' '6tf NOSTO N / '1!2H33Is e••'••••w••••'s•r••• Z0006 aVOTTSZ 8OZL6 QNV'TUOd, Z9Tb XOS 04 NI saimad0 Id ;E3:? *, WXS Aft %ix mal 7TC „�'"m1T '2I2LOOa •.••••c.'•••••••:••••'0 oSS° -nv ttsg I+ZZL,S 110 al:reOI&< 3A i' Ss60T MS Steinn SI"x'IKS ' Nos IIM • .:........ .. p,� ... '.:. 00T60-QVOTTSZ' E90E6 VO XarrI A IWIS'' 3Ati S3730NV SO7 :' Z1795 a'Ixocl` NNK ° X'1 ISS3WIM AB 3 I , LLVxi4 ) , xuBBo lI • w • w • " - • `OOZIO--OVOTTSZ ?ZZL6. , f 110 aH of 314 ID�ra: MS. 009 t7 !�P xN 2S110Af-90065 MANGAS, HEIDI, 'S 14968 'SW 1a9T TIGARD OR 97223 • • •.;. • • •• 25310AD -90067 •.•.. +� w • ••.. WELLS, MATt'Y I� 14972 SW 109TH TIGARD OR 97223 2S110AD- 90069 •••.•' BRANDT, M1 B*.L H 14980 SW 109TH AVENUE TIGARD OR 972 23 2S110AD- 90071` ...;..•.... LENOW, KATHRYN E' 14984 SW 1°9TH TIGARD OR 97223 2S110AD- 90073 •• +0.00••...•...••. NEW"I,AND, 'EVERETT BOYDE 14988 SW 109TH TIGARD OR 97223 2 S11OAD 90075....•••.••..•.x...•...., WHITE+ CYNTHIA Yt- 14992.: SW 109TH AVM TIGARD OR 97224 2c11r - scoo0® ...„—•••••••••••••••e• CANTE RSURY WOODS 4"'t,;N,DO HY HOFFMAN AND HOF NAN HILLTOP ESTATES 1888 SW MADISOdd PORTLAND OR 97200 2S110DA- 00300 e••. 041...0•• 0.00 MCPHILLIFS, B A 15100 SW 109TH TIGARD OR 97223 2S11ODA..00500. ......... ERICKSON2 ALBERT H VERLErE F 19200 SW 109TH AVE TIGARD OR 97214 2S110DA 00900 ars7i... sa.d•• ..•... LAW, ,BRUCE A JANET L JOHN 0 15400 SW 109TH A JE TIGARD OR 97223 2S110AD- y9006$ ®. • ...' OREGON, STATE OF DEPT OF , VETS AF MITCHELL, RONALD, P 1497.0 ` SW 109TH AVE TIGARD OR 97223 2S110AD -90058 ...' LAVA, KARIANN 14974 SW 109TH AVE TIGARD OR 97223 2S110AD -90070 BOYLE, SHARON 14982 SW' 109TH AVE TIGARD OR 97224 w •',• a • . ,e • • 0 • • • • • • • • .'• 28110AD- 90072 •••••••.......... .. OREGON, STATE OF DEPT OF VETS AF % ELDIEN, NORM 7007 SW 33RD PL PORTLAND OR 97219 2S11OAD -90074 '... ... .. • GOETZ, STEPHEN F 8056 SW ASHFORD ST TIGARD OR 97224 2S110AD -90076 ...... 1tOS ENDABL, S1 LBERT N 14994 SW 109T1i AVE TIGARD OR 97223 2S11ODA -D02 00 .. ... w.. .. .. ERICKSON, ALBERT H & VERLENE F 15200 SW 109Th AVE TIGARD OR 97223 2311ODA -00400 ..•w•.•••e•••.•.• ••• HCPHILLIPS,' B A 15100 'W 109TH TIGARD OR 97223 2S110DA -00800 ••...•., LAW. BRUCE A AND JANET 15400 SW 109TH AVE TIGARD Oa 97223 .... • • d • .. • 2S11ODA -00600 • • • . • • • • • . . LAW, GEORGE AUDREY 153E0 SW 109TH TIGARD c31Et 97223. 15430 SW PACIFIC; 'HW3 TIGARD OR ' 97223 12S11ODB- 00900 .' PECK, CHARLES JR EETTY ` ERNF 1I000 ' SW "NAEVE ST' TIGARD OR 97224 2S11ODB- 90711 .: .:... .. . STULLENBERG,; CLARIBEL G 15480 SW 114TH CT #71 TIGARD OR 97223 219110DE-90732 • • •....... • OUSE, PATRICIAN A / CHARLES E 15480 SW 114TH CT #713 TIGARD OR 97223 2S110DH- 9075x' • .. . HARREL, ELEANOR K AND RICHARDS, JANICE E 15478 SW 114TH CT TIGARD OR 97224 • • .. • • •e a ..' 2S11ODB- 90791 ...... • . .: • MORELLI g MARY P 15478 SW 114TH TIGARD OR 97224 2S110D8- 9(01772 COREY, MURIEL T 15418 114TH CT #77 TIGARD OR 97224 0• • e• e.••. e'• e a 28110D8 -90802 • ". -- , ►.e..... . VANLOY, GLADYS It 15478 SW 114TH CT #80 TIGARD OR 97224 28110DV- 90821 0.•.........•l.•...• TAYLOR, LOLA M 15432 SW 114TH CT *82 TIGARD OR 97224 2S110DB -90842 • '... CONNER, VERNA D 15432 stir 114TH CT *84 TIGARD OR 97223 2511: 0DB-90861 .• d•e..•• • •a,. •a. • .• YODB R, arosEps 11/RSridR J 15430 SW`' 114TH CT #86 2S110DB -00300 . ..,.. ... • . . NORTH <PACT IC CONFERENCE OF THE EVANGELICAL COVENANT CHURCH 9x5 116TH AVE •NE SUITE 221 BELLEVUE WA 98804 2S110DB -90721 .•••..••. .•j'• A.9SHEAR, FLORENCE 15480 ,SW, 114TH CT #72 TIGARD OR 97224 2S110DB -90742 ...•• TYLER, ROSE V 15480 SW 114TH #74 TIGARD, OR 97223 O. '0 • O Air '0 • • • L 2511005 -90761 .••. •••. •• PHILLIPS, ELNORA I TR 15478 .SW 114TH #76 TIGARD OF,, 97224 2S110DB -90761 • .. . •. PHILLIPS, ELNORA I TR 15478 SW /14TH ` #76 TIGARD OR 97224. 2S11ODB -90782 +...•.•..••e••. •.•e MCCONNELL, ;IUD ITH 15478 SW 114TH CT #78 TIGARD OR 97224 2S11ODH-90811 r see o HILDRETH, PAUL V AND RESLOCK, LEE C 15432 SW 114TEE CT C81 TIG.ARD OR, 97224 2s11005-90832 .0832 a.1/4... ®..., TANGY, Si ARON M 15432 sW 114TH CT *83 TIGARD OR , 97224 2S110D8- 90851, . • • • e °, e *4°, YODER, JOSEPH H AND FLORENCE 15430 OW 114tk CT #86 TIG1BD' OR 97224 2511008 -90872 s...... ChTROLt, 1D DER 15430 SW 4TR;CT .187 wl 2S110DB- 90882,.:•7....• :. .... •MC:F.ARLANE, ROB1 RT L AND MARGARLT J (T #88 TIGARD OR 97224 I. -J 15430 SW 114TH 2S11ODB- 90901 .. '.. ..:....... . , EATON, RIHARD A AND HANNEL0PE F 15437 SW` 114TH CT #90 TIGARD OR 97224 23110DB -90922 .v• ••.••••w• •e• WILSON, PHYLLIS A 15437 SW 114TH CT #92 TIGARD OR 97224 2S110DB -90941 .•••••••••••• • LEVIN, DOREEN A 15437 SW 114TH CT #97 TIGARD OR 97224 2S110DH - 90962 .••..•e••• •••.<,.e ALGER, CHESTER 15437 3W 114TH` COURT #96 TIGARD OR 97224 2S110DD -11100 ........... .JOEL, WILLIS A`LUCILLE A 1.530 SW 1r.`9TH' TIGARD OR 97223 2S11niD -11600 ..........w.....d...• BONE, GLI YT®N B & PATRICIA N 10E55 SW HIGHLAND DR TIGARD 0R 97224 AVERYDD8�6TRICE AND � ••••••••••••••• AVERY, DANIEL GORDON 15515 SW 109TH AVE TIGARD OR 97224 2S110DD -13800 404444* ... d . • ., .. . STERRETT, DOROTHY , P 15495 SW 109TH AVE TIGARD OR 97224 2S110DD -11200 o....d............ EET,g, JOHN AND SETTIANA 15550 SW 109TH AVENUE TIGARD OF. 97224 2S11C DB 9 ,891 •:.. BERBEL j ALa,.CE G PO' SOX :2408 GEARRARTIOR, •97138. • 2S110Da- 90912. •. GUNNELL, MAR.70RIE R 15437 SW 114TgCT #91 TIGARD OR 97223 2S11ODB -90931 ....:............. sCaICK, HAROLD R AND "il'HELMA G 15437 SW 114TH cT #93 TIGARD OR 97224 25110DD- 90952 .....•••.•••e,...•.•.• CARMICAL, FRED W & GLADYS L 15437 SW 114TH CT #95 TIGARD OR 97224 25110DD- 31000 .••••••� ♦.•• STANLEY, JOAN 5 AND MELBA } 15510 SW 109TH TIGARD OR 97224 2S110DD -• 11500' ....._..: _.•.•.••..d JOHNSON, CHESTER G AND JOSEPHINE 'D 10865 SW HIGHLAND DRIVE TIGARD OR 97221 2S110DD -13500 ....•....•....d....•. BIETHAN, `70BN: D AND aACQUELINE L 15525 SW 10924 TIGARD OR 37223 o 2S11ODD -13700 ,: a ...... •' LINDSAY, WILLIE 'R AND JEAN 15505 SW 109TH Gr TIGARD .rat 9722 3 • d 2S11ODD -13900 .. ••• .•*444 .••.4 ADAMSKI, PETER P AND DOROTHY M 10950 "sj NARVE ST TIGARD OR 91223 • 2SilOCA -9C 045 .. .... d .. ... ... . . c0L A" ,, JGLAS J 2151'...fE .O'0 Sf�T CROWN A,YNB CITY OR 97224 WALKER, XIE 15100 SW CROWN R #5 KIrG CITY OR 91224 HILL, ,GEORGE,',.:AtSSRek MRYO , #3 15100 „$W1, # KING CITY OR 97223 ■ TLGAkWVS c,:r.•-ii‘,Asog, A ,DIXON , % BROWN ‘41ALTER to AND GErdlirlitik M . , • " I ' • , • • , ' , • ,, , • ' wgiTtig*,; XNA g AND MOLT, tiggTEIA J 11520 SW MAJESTIC NO. 1,: 1NG CITY C;;IR 97224 P41:10RTI,A113 97202 YODER, ,JOSEPH H/PLORENCE 15430 SW 114TH CT #86 TrarutD OR 97224 • 2S110CA-90043 ANDEP.SON, CLAUDIA A 15100 SW ROWN DR #8 TIGARD OR ; 97224 23110CA-90044 n3Ri1,1)10/31:1, wc)Rtal 18180 SW 133RD TIGARD OR 97223 23110CA-90046 WALICER, 41ORDON V WAL.XER, SUSAN 3 WALKER,. 1410C/NE 15100 SW MOWN DR, #5 J(/MG CITY ,OR_ 97224 2S1101)13-60600 00.; ROEMER, EUGENE 24ELVIN Mit) FAITH Al4NETT 1543.0 St; PACIFIC gr TIGARD OR ' 97223 2S1101313-908721.!.....,. • • • • • • CtBRQLL D ESTEIER, E 15430 SW 144TH CT #87 TIGARD OR 97224 I ,2S11ciaa-90047' .4 a '4,,a a ti r; GILBERT, 'VIRGI1+11k,N LEE 15100 SW CROWN DR SO.: 4 1 TIG»D OR 97223 . 2S110DB- 90351' ••: •.•• • ...... SCHROEDER % WALTER W & i 1RJORY E 15485 ;SW CT' 135 TIGARD OR 97224 2S110DZ- 90371' •••••• ••••.. ....... RI NCAID, ,LESLIE W & J L ANITA 9890 SW HAWTHORNE LANE PORTLAND OR 97225 II 2S 11ODB- 90392,.••0...••e.we......•. SCHEN1 , KLAAS AND SOP}IIA 14 15485 ' 114TH C"! II . TIGAPD OR 97224 28110D8.90411 .. ...• ROBINSON SHIRLEY T 15483 'SW 114TH CDT #41' TIGARD OR I , 7223 2S110bB- 90432 • ROGERS`, VIRGIL 15483 'SW 114TH #43 TIGARD OR 97224 2S110DB -90971 .....e:........•..:: FISBER, FAY I. 15438 SW 34TR CT 197 TIGARD OR 97224 2S110DB ..90991 .:. .. .. ... ... • JOLLY, R LOUISE 154 SW 114TH CT` 199 TIGARD OR 197224 2511ODB' -91012 ... d •. • SPYKER, ELLILtA SEALOHRkTr JANE C 15435 SW 114TH CT #101 TIGARD OR 97124 2S 13DB -91031 ,. *: KEEK, RACHEL TRUSTEE 15373 3W 114TH CT TXGAR► OR 97224 I i ORTLANDI "I 2 2S1IOD8 -90362 •'....: MCMULLEN, .RLCEIARf GEI� "?'RUDE End, TRUST :FS, 15435 SW' 114T14 CJT' #3'6 TIGARD OR" 97224 2S110DB- 90381 • LARSEN, CLAIRE :5488 SW 114TH CT 138 TIGARD OR 97224 2S110DB- .90402 • • e .... • • .. . • . . • CARRiLL, JACK J AND 'KAREN , E 650 HARLOW RD #210' SPRINGFIELD OR 97477 2S110DB -90421 ..:.:. AMACHER, MARIE A 15483 SW` 114T1 Off' #42 TIGARD OR 97224 2S110D8 -90442 •:'.••o....•••••.• • HESSINGER■ EDWARD J AND ANN B 15483 SW 114TH CT 144 TIGARD OR 97224 2S11ODB -90902 •..aY{ .'0i woa ••• ♦.. BRRNETT r ANGELA 15435 SW' 1;14TB CT 198 TIGARD OR. 97224 2S110DH- 91001 . . ... .., ,..• c ;..; CIRIBEY, ROBERT E, TRUSTEE 15429 SW 1114TH CT #100 TIGAAD OR 97224 2S110D0-91022 ..•.e.....•.... AbiltiORE, ALPHA HARIE 12614 CAMIItO EMPARRAEO SAN DIEGO ' CA 92128 2S1i0D6- •91041 ::00:00004400:04040 3`OENS, GERTItUDE L 15373 sw 3.1,4ktfl C,c ,. *104 TIGARD OR 97224 L+h�4 N a�t�.r., �iG..r�uL4.�.Nrµ•44 1 SKYHAR WXLLTAI: " AIVD GNtE�FIEUE . 'R 15373 SW, 114TH #105; T1:GARIi OR i 97224 2S11OD8 -91062 :°• . • : t ... .• . o ,. • • BOURLAND, JUAZ ITA 15373 SW ..114TH CT , #106, TIGARD ''OR 1 97224 • 2S110D88- 9.1071 ..:.'... HENDERS0 `i, ROB1CRT D AND. JOYCE T 15371 SW 114TH:: SGT `UNIT 107 TIGARD OR 97224 2S110D8 -91092 .4... . • WYLLOUGHRY, GEORGE F AND SYLVIA, 12 1;3371 SW 114TH'' CT #109 TIGARD OR 97224 2S1,1OD8 -91081 ..... • • • . ROARK, CLYDE S /MARY 13371 SW 114TH' CT #108 TIGARD OR 97224 23110DH- 91162 ........•.. •••. •••• TAYLOR, RICHARt RUTH NADINE 15371 SW 114TE CT 4,,'11.0 TIGARD OR 9722,i A . •e TRIAD TIGARD ` ARTNE?SHIP 320 ANDOVER PARK E #235 SEA`I"i`LE., WA, 9818.F; R. GR EGG . WESMN, `P. E. KAMPE ASSOCTATFS, 3681 SW ,'CARMAN 'DR LAKE OSWEGO OR 97035 FDA SELLERS 10421 SW KENT, TIOARD OR !, 2;"' WALTER, :;L CROWD, 15535 SW >ALDEE R'0K CIR TIGARE►. OR 97224 KERMIT $ 0T , 15605 ,sty' 114TH CT TIGARD OR 97224 MAYBELLE DEMAY 15300 SW 116TH AVE KING CITY OR 97224 ROES mOD5 320 ANDOVER PARK E. SEATTLE WA 98138 A i KITTLESON 610 SW ALDER SUITE 700 PORTLAND' OR 97204 RICHARD WATSON 10290 SW HIGHLAND DR TIGARD OR 97224 AL ERICKSON 15200 SW` 100TH TIGARD GR 97224 ICK OR��w�7d 00 : CN!E M • !1. SW )RTLAND N ; PLACE . 97204 DON FELLER 9875 SW VIEW, CT TIGARD OR 97224 ROBERT C. LUTON PC BOX 8041 BLACK BUTTE RANCH OR 97759 DOUGLAS J. COLEMAN 15100 SW CROWN DR #6 KING CITY OR 97224 STEVEN L . ' PFEIFFER 900 SW FIFTH AVE PORTLAND OR 97204- 1268 SUMMERFIEL'D /CIVIC ASSOCIATION 10650 SW „'SUMMERFIELD DR TIGARD OR 97224 CONDOMINIUM MANAGEME~' 1 278 SW ARMOR' ST FORTLAM OR 97201 RACHEL KEHM 15373 SW 114TH t #103 TIGARD OR 97224 • ;1 A. 1 S7cE�� ±Nr � MIT!C1EIELL r :93," 5 SW DACE V1 +l . ISM CSR, 97224 PHILL ?F PASTERIS 8935 SW PINES IE ST TIGARD OR = 97224 JUDY WATS . 10290 SW ' flIGHLAND rkt 'IGARD oit,, 97224'' DTI WILSON 9045 SW WE 1 U► D 'CT TIGAR D . OR 9722. BOB, SELLERS 10421 'M .KENT` TIGARE) - OR 97224 IMMIX FROUDE 12200 , SW BULL MT RD TIGARD OR 97223 SCOTT KING WASHINGTON CO. LAND USE & TPANSP. 150 N FIRST ST HILLSBORO OR 97124 FRED EBBRLE WASHINGTON CO. LAAND USE di TRANSP. 150 1N FIRST ST HILLSBORO OR 97124 BOB DORAN STA1, HIGHWAY DIVISION PO BOX 25412 FORTLAND OR 97225 -0412 MET.RI 2000 SW 1ST PAVE tiORTLA•D, OLR` 97204 1 srI Js,& MIKE R' '1125 1:-:01.50 SZ NE, SALEM OR ; 973ICC -05' tavrarzn It 9002 SW MCLHLN B MILWAUKIE OR 97222 DONNA E*CHMIDT TIGARD 'MI ES PCB. SOX 370 BEAVERTON OR 9707 LISA . BOWEN. REGAL COURIER 15300 SW 116TH AVE SUITE 1 KING CITY OR 97224 ;? RTHA ALLEN 8735 SW ' BOMi'"R CT TIGARD OR 97223 JOHN BUOL CITY OF KING CITY 15300 SW 116TH KING CITY OR 97224 BILL MONAHAN 1727 r+N HOYT PORTLAND OR 97209 'KEITH LIDEN MCK R/MORRIS 722 SW 2ND SUITE 400 POR'1 LND OR 9:1204 it y w1 2 ED 'DUFFIEGD 8895 SW,' EDGE7,10OD TIGARD, OR 97223 HERMAN PORTED. 11875 STA1 GAARDE 'ST,'; TIGARD OR 97223 CARL JOHNSON 8937 SW BURNHAM ST TI G .'3 OR * 9'7223 DOUG S 13415 SW VILLAGE ILENN! TIGARZ) OR 97223 CRAIG HOPKINS 7430 SW VARNS ST TIGARD OR 97223 HAROLD B BOOVE 12417 SW MORNING HILL DR TIGARD OR 97223 SUE CARVER 10155 SW HOODVIEW DR TIGARD OR 97224 HARRY SAPORTA 14862 SW SCARLETT DR TIGARD OR 97224 WALTER CROW' 15535 SW aLDERRROOK CIR TIGARD OR 97224 WENDT HAWLEY 14790 SW 79T TIGARD OR 97224 VLASTA N BARBER 11120 SW SUMMER LAKE DR TMARD OR 97223 JAMES CASTILE. 9553 SW INEZ .sT TTGAr,D QR 97223 JOHN D LLIN JR. 10531 SW KENT TIGARD OR 97224 LC:r.i�"d 1 J BU 3IKESS MEE2':PaG The Business Meeting was called to order at Council President Schwartz. 7135 p.m. by 2 m •PROCLAMATIOI{: National Community Development April 20 - 26, 1992. Proclamation was read into the Council President Schwartz. 3. VISITOR'S AGENDA: Nore • QSENT AGENDA: Motion by Councilor Kasten, seconded by Councilor Schwab, to approve the following Consent Agenda Items 4.1 Approve Council Minutes: March 10, 1992 4.2 Approve Formation of Reimbursement District for Sanitary Sewer on McDonald Street Resolution No. 92 -11 4.3 Approve Formation of Reimbursement District for Sanitary Sewer on Bonita Road - Resolution No. 92 -12 4.4 Local Contract Review Board: a. Award Construction Contract for 97th Avenue Bikelane Project to Northwest 32garthmovers, Inc. b. Aard Construction Contract for 1991 -92 Pave vent Major Maintenance Slurry Seal Program to Asphalt Maintenance Associates, Inc. c. Award Construct ion Contract for Pathways Near Metzger School to Benge Construction Resolution No 92 -13. '� L �2 2 TO PROV Z E ADDYTYQ AL �� -, AMENDING • APbtNz N E NA. - �� N NDTNGS Yl`� RESPONSE RDN ENO TO A REMAND BY THE _ LAND USE BOARD OF APPEAF Week record by • Senior whi.ch was snubmitted to ®r reviewed in Staff Re the Council their meetort in. packet. Councilor Kasten declared that he was not in attendance March at the 10, hearing on this agenda item; however, he advised he viewed the video tapes of th Council meeting and that he would be ` able to j ttdge ant: vote on this subject. • - .. . CE 91-22 c AND APPOVING 9ANQANENDMENT TAO THE TIGARD COMPREHENSIVE PLAN TRANSPORTAZION MAP . BY CHANGING THE DESIGNATION OF NAEVE MINOR COLLECTOR FROM MINOR COLLECTOR TO LOCAL AND BY ADDING A a COLLECTOR CONNECTION FROM 109TH AVENUE AT MUR.DOCK STREET TO PACIFIC HIGHWAY OPI aSIT21; ROYALTY PARKWAY AND A LOCAL STREET CONNECTION BETWEEN 100TH AND 109TH YkVENUES W DRIVE AND DECLARING AN EZ RG ., NORTH OF HAOD�TYE ..��,i�OY ; (CPA 91 -0002) REQUESTED BY NPC #6 " � ,1992 '- PAGE 2 �' - CITY COUNCIL MEETING MINIMS MA:�tCH 24 �' Motion by Councilor ,Schwab, ,seconded by Councilor Kisten, to adopt Ordinance. No. 92-07. The motion was approved by a unanimous vote „of CcFuric1 present.., CHANGE 1 .RENA ANR-ATLL) aW24213Z4212MPrig6ThEET , Public hearing waz. opened., _ There were no decla.ra.ti.,ons or chaflenges.' City Engineer ' • I , report as submitted in the COuncil9sh'..ineetilig !packet.: Public testimony: None . . . . . , Councilor .SChWab:. that Council roceived a f.- petition. It appeared that aiiiosta11. a.ffeizted,Cowrierg3,',1'...1', had either signed 01';''gilielt.donsent ,t01,,the:prop)Sed.Street,' naMe.,change. Public hearing was closed. ORDINANCE NO. 92-08 - AN ORDINANCE AP,I)ENDIt!G ME HMOS OF • HART SREET MID TOLAND STREET TO BENIST! STItEET. . Motion by Couric'ilc)r Schwab„ seconded by Ct::•11rIci1or Kasten, to adopt Or'diia.rice No. 92-087, Moti�n was approved by r Vilell'Ill11011S vote, of CourAcil present. PUBLIC ILE/ ING S ET V TO' OR .:A -0 •TION OF SW COltAll STREET: Lc)cate(.1 east of the intersection of S.W. Coral Street and S.W. Greenburq Road. Public hearing was operted. There were no deClarat,.*ona or ohaiXengig. Senior Planner Bewersclorff summarized .the Staff Report as submitted in the Council meeting packet. Public testimony: Robert Blackmore, 851 S.W. 5th Avenue, Suite 1500, Portland, OR 97204, advis01:1 he was an attorney representing Progress Graphitlso He reVielied With CoUricil., their 3anuary request that Council go CITY COLTMC.T'„EL kitETING MINUTES - ?LARCH 24, 1992 - PAGE 3 1,047,41, b. Proposal for Interim Policy on Undergrounding ; of Utilities Cohensive Plan AmendmentP�'a In response to a remand from the Oregon Land Use Board of "appeals, (LUBA) of an earlier' decision on this matter, the, City, Council will consider testimony concerning what ac ions it 'should confider taking in response to the LUBA decision and possible modification of the decision for CPA 91- 02. ▪ Public hearing ccIn'tinued'' from February 2 1992. • There were no declarations or challenges. • Community Deve ,opment Director Murphy reviewed the staff report. He referred to a map ' of the area and clarified the changes made in response to the LUBA remand. Changes to the transportation map which was in effect as of last August was explained by Mr. Murphy. The changes approved by Council at that time included: 1) The elimination c f Naeve Street as a Collector Street. 109th �toya�.�y Par�wayto c ®nr�ect at Pacific '.Highway and 3) Sattler Street extension Was added. Note g o f. 10 cha i n es as ,off last August were as f o11oWs e t .. "An extension of Sattler Street from 1100th ,� 'Avenue point a roxraatel intersecting 100th Avenue . at a to 109t�.. Avenue i p pp y 200 feet north of the existing Sattler Streekt intersection. An 'extension and realignment Oh Avenue South of the Sattler Street extension tont� Sec} Pacific , Highray at 1 oyalty Parkway. The realigned 109th AVetrad shall ,intersect Pxaeve Striaet at a point 'approximately' '250 feet to 0 feet east of Pacific highway. The design of Sattler Street extension may vary from `he adopted city Standards fOr it nor. collectors * 1i Staff recommended changed r to Note 10 aloe with additional findings docutmentin � the Co ' y n of aodda. gu g ancil s dec�. sa:c► ~t T g ndation would be a chap 1; in the way the Sattler Street extension would tae treatec'. LUBA last August. . .a.r�e e coimle re.gtu ystedl that the City advise why * * Sattler Street w0`a1d not n have to me�w�w rt�.nor collector stapdarda;�� . �l'o Ways to handle this would, be to explain why Sattler� Rwouid. not CITE' COUNCIL 'MEETING MINtiTE kiiAgdil, ,992 PAGE 1 • need to meet minor col lector ;standards n ann: th method " would 'be' to note : that in .. the general are would be a . street connecting Sattler and 109th:, would "Abe a ' local .street. ; Wording was propose would provide . M , • 11 a .;there io local: street connection • from ' 'm.Oth` Avenue - to'' :09th` 'Avenue : intersectinig� 1�Oth' "Avenue a th�:r at. iatti S �.reet or a a poisat, at ' least " 100 feet . from existing Sattler ' Street 'Connection. 14" This was essentially advised what the Council was saying when they ' app roireci' the language saying that "Sattler 3treet may . vary . rom rhea adc*ated :!City standards for minor r 'collectors." in looking at the traffic volumes, . there is an overlap between a collector street and a residential street. 'This could easily qualify as a residential street `' per s (i.e., 0 trips day up to 1,500 trips per day) The estimaed trttffic on this street was aiiout 700 trips per day. Traditionally local streets are, not placed on the Transportation Map. Er. Murphy then reviewed the staff report and eccontpani proposed ordinanc4a which addressed the points !remanded by LUBA o Public Testimony: NPO '6 : • Sue Carver, Chair of NPO 6 advised that they supported staff's additional' findings, including the various street designation changes. NPO 6 urged the Council to approve the amended curo,inance ., Pro r nentss Steve P feif f er >; testified on behalf of Triad Development. aad property which woo u l d bI e bisected by the proposal afore Council . n addition, a development proposal is pending and will be before Council later in the evening.. Mr. Pfeiffer noted he agreed . with the K'PO .6 testa moray. . He advised LUB?� affirmed ... • only. the CYty'' s decisions and asked for` clarification n y Mark Vandehey, associate with Kittelson .Associates, Inc., ` 610 S.W. Alder, Suite 700, Portland OR 97205. Mr. Vandehey addressed the .f o I1owiang: CITY COUNCIL MEETING MINUTE MARCH 10 , ,! 1992 PAGE 4 IL 1�EETIr MT • Safe and eficient roaii-qaY 1 s The written evidence on the recbl: as well 4 is. the oral testimony aubml.ttedi documents safe. and efficient aCcess, will he maintained upon completion of the proposed' d.tovelopment, app3„icable ,State County, and City standards dealing ,,,, with both traffic operations an safety as:6A met. Coordination with State County, and Regional, jurisdictions: Tbxoughout the process there , has been coordination with all, 13f these jurisdictions. In addressing the goals Vile proposal calls, for improved 1ca1 access, while at the same time, reducing the need for additional access to Pacific Highway which is the regional through facility, Th,e plan is consistent wi.th the Oregon Highway Plan as well, as the access , management po3.icy for Access Oregon Highways. ' From 011O' s standpoint, this plan is cleaitly superior to a31.1, that ha's been Presented before and wiil result in a net benefit to the surroundl,,,ng [street systems , * Ensuring adequate access, for major arterials to the designated commercial and ,industrial. areas: he plan is consistent with this policy. Not only is safe and efficient .acc■ass ensured, but there will be art 1.1n13roved access condition over what wou.1(.1 otherwise be available for, the _remaiLing undeveloped parcels. The result will lae limit of access to Pacific Hilhway which, 'agaifi, is what the State is attempting to do by maintaining the. Highway as a regional through Ilacility and consolidate access wherever iyossible. The neW collectc)r facility will have adequate capa.city to serve all of the undeveloped 'parcels plus the Triad DeveloPment. )'f Councilor Schwab asked if it would still be possible to access Pacif.7.c Highway from Naeve ' call _ ,. , street? txr„ VandeheY said, c)it, win be,,II The, plan does not call for closing the, Naeve access, 'The , additional,' outlet and provides ODOT the oPPorturiltY in the future, shoule a saket)r problem develoia, to close the median and eliminate left turin,';',0., The neW , pc:alinne::::Ind::il:a:::::::?:::::it:u711:::::::::g:seeiEn:' CITY coutteit 14E81,111G miNoTES - !MCI' 1 '', 1992 -' PAGE , 5 , , ,.i t tr. ;1( a J Richard Whitman, 101 S.W. Main Street, Suite 1100, Portland, OR 97204 advised he represeittsd Marge Davenport, . `rho was one of the parties i*kwolved 1 ;n. the LUBA appeal in this matter. Whitiaf;n reviewed the issues identified by CUBA in their remand. Mr. Whitman also identified the folic ;ping procedural issues: There was a statement, in the s;terr f report that the Planning Commission has -, ...,;viewed and recommended approval of this proposal. The proposal before Council iv diffetrer.�t from the proposal that was before City ' Council 'previously and before LUBA. The Planning Commission, has not reviewed thd revised staff proposal. Adequate notice Mr. Whitman noted that the hearing was continued from a previous hearing on February 25„ 1992. Under the C`.ity Code, the 'ity is required •.:, eenc out notice of the hearing ten days in advance of hearing when an alternative is recommended by staff which changes the nature of the oposaa . There have been two changes in the 'nature' of the proposal: 1. F attler Extension has been changed front a collector street to a local street.; and 2. There has been a change from spOcilic designation for the Battler e t nslon, to a corridor approach. The most important piece of infor*;atjon on this proposal was the map which shows the outline of the Little Bull Mountain Natural Forest area That map was not included in the notice which was sent out.. Mr,. Whitman advised that the first time hd saw a map of this area was at this hearft q. For the record, he objected to the holding of the hearing and requested that it be continued,. NYa�rcr Edward asked for legal cou�isel's opinion on whether or not the objections warranted consideration of continuation of the hearing In response to. City counsel, Mr. '4 itmaat adv.ided he was requested continuation on the basis of Coate Section 1830.060 and 18- 30.OEZ0 which are the sections which'? e r�t� s �'� von � � � = e ertain to when notxc t be given, .for ler;�islat.w matter. CITY COI NtCIL t EETIN MARt3{ 10 , 1992 = PAGE ' 41" Community Development d Director advised that the' hearing was continued from a previous meeti s J r4otsd ' there was no clear ,'map of \the area. and dic not think Council could To .ahead `,iith 1 decision. • Goal 9 issues included Mr. Whitt and's inability to see evidence ° that . a signalized access on 'Pacific Highway was g aranteed. (City Recorder Note: During follow-up testimony, City Engineer' noted the intersection is already signalized.) 4r. Whitman contended that there was no evidence. of City . coordination with 'other jurisdictions. . Mr. Whitman referred to Mr. Vandehey's testimony outlining that the configuration confirms Access Oregon guidelines,, but at the sane time Mr. Whitman noted this would add another access point.' . With regard to Policy 8.1.1 concerning safe and efficient atreets, Mr. Whitman said Satt .or was proposed to become a local street, but he contended that trips would iLncrease by 2,000 trips per day. Sattler, he argued, should be classified as a collector street. 5. Mr. Whitman was concerried that. there is no requirement that the 109th Street extension be com p leted at the same time as development occurs Naeve Street, he warned, may be, functioning as a collector street without a traffic signal. Mr. Whitman said the staff report appears to resolve the issues raised by the LUBA appeal. However, he said tbat he did not think the issues were resolved and staff glossed over a number of issues. Tom. Whitman said with regard Goal 5, addressing the protection of significant natural resources, the City has thorough job se resources. done here are 22 si h if icant natural resourehs sites listed i T qn �. 1. �L in the inventory and two of those sites listed are the Little Bull to. twin Natural Forest area and the Kallstrom Fir Grove area In addition, the Little Buil Mountain Summit, which staff .. f has stated is not'.., in the inventory, in the inventory of the City on g Pa e 1 4 2 110 of ti listed the Inventory as Area. Special Areas are characteri z as areas characterized that were Singled out r of ut for priority attention becaus, their parrtictilar vegetation and wildlife values and /or the relative uniqueness. Little Bull Mountain Sit is described as an area which is he avil y wooded with undergrowth providing c over for a variet y of animals including deer, racoon and pheasant. This particular section of the inventory goes on to state that, although CITY •09014gIL NEED xG MI NUT ... CM l0 199 PA►G _ p r these special areas . Concern. ;a at e no listed ih the inventory as significant natural areas, y they a €,'listed as areas of special concern. IA -- . Whitman advised that Coal 5 sad ;;s that loc,�l [`' o coarse of their imreaory' ident''fy g vernments , if in the areas that warrant , Goal 5 prote ti.oy►i, but uo root :;gave ' sufficient. information upon which to list ,them in' t'�e:ir inventory, they can defer action ` on ' tho se • until a J.ater • time. When a particn].ar proposal . cozies„ forward „: • alight affect that area •; or when the L. 'City has ,core. information, Aae�n the local government is. re .red ,to as +dress that particular natural resource. Tripe tF.rm, "c►rea 'of special . concern, �' Xs a term that is used in. Goal • swell. Mr . Whitman c:arif ied that the Szmmit area is, he thought, a significant ; natural resource', area tinder Goal 5 It is a slightly different typo of classification from some of the other areas th4\t the City ' has inventoried,. He said he thought it was germane to this proposal because it ;wr .d be affected by the e7rtension of 109th Street. The CLty should a4dress it before making a decision in this matter. Mr. Whitman distributed the followiha A zap from the City's inventory of sigsi.rcant natural resources . It she ifis areas zzf existing vegetation within the city any' the three:' areas he was talking about: 'the' f Su��it o Little Bull Mountain the Little Bull Mountain. Natural Forest, and the Kallstrom Fi.r drove. Marge Davenport, 15100 S. 109th, Tigard, Oregon, testified as to her concerns with the historic significance of Little gull Mountain and the preservation T .: , j he natural of forest and wi�.dla.fe» She rei�erred'' Go t areas and their contribution in controlling air pollution and the "greenhouse effect .” Ms. Davenport outlined issues of traffic Safety, poor Soil conditions which rendered the area unstablt and unsuitable for heavy loads when wet. Threat of and, p p � ,concern, to her. re aril -ion fair earth ale was also of co She Said the City had abdicated its re ponsibility for planning in the area to the,' ,Triad • Developers. The only traffic study for the area was don by Triad. . 'She also noted Triad alzo res o nded to the LJBA a P sal .. . CITY COUNCIL NE ET tNG MINUTES ARCH 10, 1092 PA►G� • Davenport. advised that the natural resource i,�sues' had not been addressed, the proposed,; uses were conflicting with the area. he . reported ' , that :no c. eologivt b.ad been cons *.l.ted Mrs,. Davenport requested that Council' ceny .the proposal. or continue the heari **r' until there is 'eviJence., that the necessary step have beer, taken to ;.'satisfy the concerns otlined in hjr testimony. Al Erickson, 15200 S.T. 109th, Tigard, Oregon, noted concerns mi'ch increased traffic and accompanying problems. tftaff Response to testimony: Conisunity Development Director Murphy reminded Council that tie issue of the hearing was : a legislative matter about a 'proposed' change to the Transportation ° Map ‘■•not the Triad Development proposal. Goal 5 findings were made 'more clear in the 'staff report and proposed ordinance amendmOnt as requested ,in the TUBA remand. The Summit -area was identified by staff through description contained in' Comprehensive' Plan. The area identified for Goal purposes was deemed significant for scenic value. Then,',, this Hvaltle '' was evaluated along with transportation importance. Goal 9 issues are typically not addressed at thine stage but are reviewed , before develo `ulent is allowed to proceed. - , . . . by Triad in ' the wild A end•4, Tt�,m ,. :Olic hearin No 5 ) e a.ssues will be addressed P g � g '' material. City, Engineer rerx dewed the coordination,ac +tivities between Tigard and thr4 Oregon. Department k of c .ranspor ation . He advised that King City sent a letter to T ia' J: d in support of .,the, proposal'. i e reminded Counci. l that the S . N 109th ex tension plan has not been ohange,d right of way a yisted before the current proposal. i y . s a ; si al at ,cyal ty He netted t�,�at y cnrrenta y, there �. gn Parkway and Pacific highway. To address Access Oregdn 'concerns, ()DOT has davised that the Median at Naove is to y " Y y� be closed .when 1O4tn, ,intersects ,at Ro .�x.t ' �ar�„�ra'� Mt. Wooley advised that the Sattlet �aXtensiont wtszx3'd „ rtion of the :., 000 trips p,.. ha�;�31�; a pr � "� '''� day generated h:. MARCH 1992 PAGE 'T1WS - 1�AR � "' 10 CITY C�J�UN`CIL ��E",t'!1lNu MihTLti .. ' b • It traffic : `in the area after development occurs. `Rattler's portion has been calculated At 704 Y ' trips per ''day. NPO 6 and the developer 1) - reached .agreemen > concerning transportation issues an timing : issue of, building the cad` should be part of a y.tedific deveiopnux t .plan and not part of this legislative' action. Community Development Director Murphy reviewed thr errk4ta sheet outlining several changes to the proposed ordinance. He recommended that Council close, the 'hearing and direct/staff to prepare a final order . Councilor Johnson reminded the Council and staff that she would not be `tEK.,ding Council on March 24 Public bearing was closed. Council ,`com vents • Councilor Schwartz note ..d he agreed with the proposal and advised he was in favor of the Planning Commission and staff recoirn endati:on for approval. Councilor: Sc xvala outlined his concerns '' and desire to protect wild if a habitat 9 He noted that ;phis area was within the u�rl an Tannin '; area.. Cauo��lo p Sc � {ciwab commented' on the state land,' use laws and 6.f,forts Of hundr-rids of people who put these laws' together to protect areas for ; wildlife and provide certain areas for development. He advised that he would vote to adopt the findings as presented, including those contained in the errata sheet. • Crj:ncilor Johnson empathized with those who did not want this beautiful area of the City changed, However, she 1\otet its limited value as a natural area because of isolation from other natural settings. In addition, she referred the state land use laws the urban growth boundary, and the need to provid. for ,safe' traffic circulation. 1 m' 0 J She commended the NPO for their work with th neighborhood ' and developing the beSt possible tranp Plan, s ortat�:on. fo r the area Isayor ` :,dwards aalvis rd he wouuld continue to oppose the transport. +ion plan Citing his earlier obj ectllons : { Motion► by Coutncil +or !cnva b, seo:tri ded by Cott ilo ;�Tohnsc�; CITY COUNCIL MEETING MINUTES = 'MRCP. 2 - PAGH �e. to direct fxtaff o prepare a refined final order and incorporate the errata `inforna,tion submitted to the Council; the final ordei is to be brought forward . for council consideration on Mazch 24, 1992. The motion passed by a 3- 1 vote "no ' ) (Mayor Edwards voted Councilor Johnson reiterated that she would not be at the larch 24 meeting. Staff advised the record would be available for Coun:ilor Kasten ' s review. Council Meeting recessed at 9:06 p.m. Cotinci 1, meeting reconvened at 9:13 5 • A ,,,pal Pu121 c Rearing Site Development . Review :CDR 91-0013 Planned Development PDR 91 -0006 Triad , velopme_*j (11P0 #6) An appeal of the Planning Commissions decision approving a request for Site Development Review And detailed Planned Develo p ment approval of a 348 unit apartment complex on a 27.2 acre property. • Publa,c hearing wa s 'continued from Feb ruary 25, 1992. b • There were no declarations or challenges. c . Community Deve opmett Di x•ector `Hurphy advised this was a quasi-judicial devaiopront proposal which had been approved the Planning ComEission. f3Othi Mar g e Davenport, a nei g nbr of the proposed devel P ment hava Ppealed the a pproval on different grounds. • report, t T spY .... • ,, ., •ng Mur h reviewed': the staff re or hie Plann�, cZ4ottis ion Final. Order was submitted to Council. NPO 6 has appealed the Planning Comimii'si.on's decision because: the members -feel that the proposed :development should riot proceed without concurrent construction of the road: conri , ction between S W . I aeve 8troet and S ,y W Pacific Higiiway at the Royalty Parkway intersection Tree staff report contains int`ormatio ,i addressing ;,this Issue. in 44di, t on, Triad submitted an a04,iemtent which provided the.. "O with assurances that the road improve Tents w,ctad be built, riar'.1 i ou:l.c cb tribute a, share of the costs. cMrslc Davenport's eppeal requests .of the pp `ion based on concerns ,.relate(iflari1y to traffic impacts , effect: oh the a isting neighborhood, and lack of a;A Anvz onmenta i iapact ta tement related to CITY COUNCIL MEETING MIfi tJTE5 - i AARc i G 199 �� PAGE n • /. N. � 'rsra a iAJLINESSLTI1�G, (, 7:40 tLS ITOR' S AGENDA - Nc visitors CONSENT. AGENDP : Motion bye ,Councilor Kaste!': r seconded by Councilor Schwab, to approve the following Consent Agenda: 3.1 Approve city Council Minutes:. January 28,.1992 " 3.2 " Endorse G:,`r¢?ieral Principles of Regional covernMent and Continue to Support the " Regional Governance' Committee Resolution No. 92 -09 4 , -. PEAL 1 iLIC ' SITE • •DEVEIAPMENT . R ` 91� °041 PLANNED; J E EIpPM NT PDR 91 -0006 TRIAD DEVELOPMENT':, ,, (NPO #6), :an appeal of the Planning Commission's decision approving a request for Site Development Review and detailed Planned Development approval of a 348 unit apartment coIaplex on ,,a 27.2 acre' property. LOCATION: SW ,Naeva Street between SW Pacific Highway and SW 109th Avenue' On December 10, 1991, the City council continVaell the hearing on an appeal of the Plann,iing Commission's decision on this matter. Thc: hearing was continued to Council's' February 25, 1992 meeting. Due tc the remand of the decision for CPA 91- described 0002 Cati the above nand its effect on the . Triad PDR/SDR apps , y Development Department recommended that the City Council:` continue the hearing on the Triad appeal,. to March 10,9? Motion by Councilor JohnsorA,, seconded by Councilor Kasten, cont . nue l the hearing to March 10, 1992. The motion was approved by a unanimous vote of Co;anciJ present. t. • 600 2 . NPO` # 6 �' -'�' - AP�yh:ICAI�TT•: COIMPRFHENSI'i� PLAN a �. P MENT CPA .e 7l In response to a remand from the Oregon Land Lise Board of Appeals (LUBA) of an earlier decision on this matter, the City Council will cons i der testimony concerning what actions ' it should consider taking in response decision and possible modification of the decision or PA 912 Y • a . Public Hearing was opened. Community Development Dir ctc r reviewed the Status of this hearing item noting addition *r,1 'infori Lion' had been received the c r this day. (See Study session on this � m) A letter was received from m Mt Robert Luton's attorney, James H. dean. Mr. Bean advised that they were g ] petit :c n to�1LBBlh and those "ma:ae;eccxon., rase ewln all of the ,ob �,G., previously wised by, . ' 'Lut�oa,� p y CITY CO M CIL MEETING MINUTES -- FEBRUARy 25 , 1992 - PAGE 2 h or his ..agents'. in hiss earlier •appiaarances and correspondence with the,, City regard to this ;propoaa The leter, dated February 25, 1992,x, has been entered intc the record 'and is filed„ with the Council' 'oaoket material four this meeting. Mr Bean urged " tree Co nc `1' not to approve any plan amendment which • do,,ogrades .the designation eontemp1at bisecting oz' taking ' of • :1 . 'i! *ton's coin ercial , property to px'oOote a resiOential development, or otherwise adversely '.mpa:;ts upon his ability to' ;Use and develop the property,.." Mr. Bean advised that he had not received notice of ;the meeting. CommunityDev,,opment Staff reported a notice was sent t..J Mr.' Luton is apprently now 'out, state. Mrs Steven Pfeiffer, attorney for Triad Development Company, noted as a point of order that the hearing was "de novo." City Attorney Ragas , agreed that the hearing was noticed as de novo, but limited to the issues of the LUBA remand. Motion by Councilor Schwab, seconded by Councilor Kasten to continue th€ hearing to March 10, 1992. The motion was approved �'Jy a unanimous vote of Council present. City Administrator Reilly advised that anyone wishing to b reC �'�.ve a copy of the new staff rePort and draft findings could sign up on a list of te\r the meeting. The report will be Mailed to cell persono on the " list. ANNOUNCEMENTS AUIINISTTRATIVE UPDATE /ISSUES Fanno Creek Conference councilor Johnson reported the Fanno Creek Confer renc e, held Conference, e Committee for last Saturday, w -.�s �gsuccess success. She advised the r ast _port to Council i.. the conference wil3. ..we a full: r, " n the near future Undergrr, d Jtilijt, t Polj,sy� City Engineer w1.11 pre ►aria report " March 10 recommending ... a deport for policy an "Interim Underground Utility Policy." This i c will address short frontages of nevi _ p which velaped pt.. for sidewalks and under ground titilitie h age s g w deg elo meat whic except- for � g s , Chlz COUNCIL MEETING PLENUMS FEBRUARY 25 , 1992 -FADE . 1R o-- Men, I 1 e ` ' 4 l #� 4 :38 ritt503 220 24b0 BEFORE THE LAND USE E'a, • `V -:i �` del' �► OF APPEAL ,. si S `'' • • OF sin STATE OF OREGON MARGE DAVENPORT, ESTATE OF ThERNARD A. MCPRILLIFS, and ROBERT C. LUTON, PEtitioners 1 Q a . } 11 ) LUBA • Nos . 91 °133 and 91 -137 12 CIT1 OF TIGARD, ) 13 ) FINAL OPINION 14 Respondent, ) AND ORDER 15 )` 1 5 and S 17 a 18 TRIAD TIGARD LIMITED PARTNERS}W , ) 19 and ROSS WOODS, ) 20 a 21 Intervenors--Respondent. ) 22 23 24 Appeal from City of Tigard. 2� 26 Jack L. Orchard,. Portland, filed a petition for review and • 27 argued on behalf of petitioners Marge Davenport and Estate of' 28 Bernard A. McPhillips (LUEA .No. 91-133). With 1 im on the brief 29 was Ball, Janik & Novack. 30 3e Portland filed a petition. ` fo 31 �'aa�es H . Bean , p : r review and 32 argued on behalf of petitioner retsart , C, Lut.os; (L 1BA No. _art, Neil 33 91,-137) . With him. on the brief was Lindsay, K 34 Weigler. 35 36 No appearance by respondent. 37 P s the response brief on 38 Steven L. Ffe�.ffer P��Zan� filed th 9 intervenors-respondent. n the brief was 40 Stoel, Ri es Bole y, Jones & Grey. Thomas R o Page, Portland, r r Y � �' 41 argued on br half of intervenors- respondent 42 S}IERTON, Referee, KELLINGTON, 43 HOLSTEIN, Chief Referee, ' 44 Referee, participated in the derision. tai 4 46 REMANDED 01/28/92 47 YOU are entitled to 3�ad ,o . „ �, w Order. 48 Y 1 3.a1 review of this 49 Judi coal review is governed, .by t.h�t provisions of ORa 197.850!. age r. ml 1 I• V5 3 220 2480 STOEL RI?+�:? in ion by Holstun . U I,TUttE Of THE DECISION • F etitioners appeal an amendment to the T i a . ;xd Comprehensive •I ion Map. Thee cha.;1lenged amendment 3,ar � (TCP) ar►s�ac�r � doeingrades the existing plan designation far, one II`street, I I' ..grades the existing: plan designation for two aLhers r and adds extensions of the two upgraded streets, II MOTION TO IN'TEUVENE Triad. Tigard Limited Partnar$hip and I (;s Woods more 10 intervew on the side of respondent. The :e is no opp53ation to 11 the motion, and it is allowed. L I 12 TACT 5 13 The streets' affected by the challenged .decision lie east of 14 Highway 99W, a north south arterial highway„ Naeve Street is a. 15 existing east-west minor c east from its ol3.ector, extending . "e 16 present unsianalirtd. interuection with Highway • 99W. ' in order to a I_ 17 improve the traffic carrying capacity of the streets in this 18 area, and to avoid ii..t.creeein.g, the amount of traffic at the 19`, o. rrer,t u xs, Z grt��az ed Naeve Strejt/Highway .99W intersection, .the 20 challenged decision) adopts several changes" to the TGPI 21 Transportation Map for this area. 22 The chailn g e ed decision adds extensions of sattler Street I I I 23 and 109th Airenue, to +she map, and designates those streets as, I , I 24 minor collectors: Sattler Street., an existing east -west tabor 25 Coll g i . actor teridi.nat3.n � at 1 "�Oth .Avenue, fs extended west front ix a .. i. is thy ewe 4 sLU .L.JU iES • LL l UFy IL4 ARD ,» G I 1; 1 OCth Avenue to connect with 109th Avenue.` 109�b Ave' , ar xistin north—sou . oca1 s ree ed south and. ,,west g th' 1 t '�'. t�,: 'i� e�ctend ,,. crossing, 1.4'aevo' ,Street and u1t d ately , ,connecting With 'Highway 99` at a: aigna1ized intersection ' across frotii P.oyalty Parkway. he cl�a11enged decision also c owns redes the ens sting }c1assi!ication ,' Cf Naeve Street from a minor ctallector to a local stres,' . Petitioners own propert . .:��rent y ,erved ;b Naeve Street and would be affected by the, ec` extensions' and r� es ` na'- o s approved p b the chal en ed decision. ....d a. �. � n by �. � FIRST, ASE ";ONWENT OF ERROR (LUBA - 91- 1331;; ,1 Citing 1d Sim R ',;y . el t o C .J 12 "o , 287 Or 591, 601 P2d 769 x;1979) , petitioners cointiez d .the 13 challenged clocision is, quasi--judiciai, and that the city erred ] when 3}t tieternmined that 'the. decision, is legi•s'lative.2 15 Petitioners contend that if the ..challenged. decision is. quasi -, 16 , judicial, Tigard Community Development Code (TCDC)'' Sectiott p Notes are amended to .state that =In atfditon, the TCF Tra:>r�3 artaton Map the design of the Sather Street e.Ictensian ma* racy from the ci.ty's standards for minor collecto-, streets. 21nst . g � � l?3 at 602 -030 the Oregon Supreme Court` ae .fo rth throi factors that must eterminin r whether, a 1d�ca1 gov,e:nmen decf.a on " nsi 7e dicial. The ed ' i7 . se factbra may his atttimiarazed: as • s "the process boated to : result ' al.n decilion` • Is "the decision ' bound to apply preexi..tIn criteria, to concrete fact: ?" • Is the rr action directed at • a' closely r i� rc+c gibed f acttia.l aa.'4uat on or a • telatIvely small Eith er ofl, perSons ?" F , r;l . w} F-- w 51,03 2 248( 1ciEj„ k1 l S a2 C4 ri ° goveS the challenged' decision tha and t section ixas le': 2 cit Petitiorieb.rs further contend i d b the Y • 1 e Y .not � Pp as:n- judicial plan amencinient.s must be 4 :can• {p1Ani,Gd by ade iet`�e with . a pr i.cable approval' fi7�dings demora3tratinq complia�1ce P c- 'iteria, and petitioners ;argue such findings are 1ackif rei agree, with petitionsrs that tkte fi,rst. two of the tratberr N r 1 1, 4"W'te+�1 factor's are satisfied a.Ii th,3.$ case. Y � . Y Y Virtue Uf TCDC' section 1.6-.3,q...10,44, happliCation for a p3an g ashen <tnont is bound to result • in a, decision,' whether - th.e proposed 10 �nen�nen� lapis lat.ive o quasi -judicia Acoordir gly, the w .� - present: l�. f 3.rt of the s Adair ionail Y, as , noted 1301oW, ��l]„ mendmentS to the TCP 'involve..', 12 . at a minimum,, the application of prcexi$ting criteria, naittely 14 the, statewide ptanaing goals and relevant TCP Thus seoo�.d of the 3tre!setherry ; 1 , 4 -t�ie �, s. factors is also e5 the... 16 satisfied However; in applying the third of the .S. t,ra .-ry_E .17 18 a- factor3, we concl.44e the challenged �de�c sloe i aot 19 ''direr tad at a c? osely circ msC ibed factual s .t atfc�n or a 2,0 a ...atAve l t stns 11 nuntbex o f persons: °` Although petits one s outend there. are only nine parcels dire tlw affowed by tk 21 c '► lien ed amendmenta, i t appears mangy more p =cell are at le st . g Page 3A;Lthough we need not reach' the a.sstie; it tipPeitkel section ag adeip on of giia�a.= udici .z.4atn 16.2:$40 0�' + ' t�lz �h�s Criteria � � r,��p�rn3. h� �.. s _ The , chal 5 .: ,..".. ri of cutxsa.tc3�.c.al amen n snap amendt�� . � n elision does hot amend the toning az ap. V .•n indirectly 593 2L) •11F1L1 tCiIL.* i'i' v, fected bey the decision. ore. importantly, as wa- intervenors point out, the 'p'roceeding that led to adoption o the challenged. decsss.on ^was initiated' b. organiz t. on and a neigh1orhood plannin was directed at a variety o transportation 5 planning issues. The study a +ea encompassed a 'large area of the, city, including > far more that nine parcels . Ne conclude the 7 city Carr :ct1y determined that its' decision is this matter is 3 le islat .we rather than ua,s;i- judicial. 9 Ho -ever, our conclusion that the •cha«llenged decision 10 iegisla .i.ve rather than quasi - Judicial does not mean that t1 11 statewi le planning goals or • le code provisions •pet3.ti oae rs 12 cite ° nder the relitaining assigns nts «of' error do riot apply to 1: the . p.11enged. decisio . 14 the city is •Neit3 lA excused from adopt 15 de pis i.on As sm 'explained ih 16 Or LUBA (LUBA Nos. 91 -10 17 slip op 9: 0 oes it necessarily- mean that indi•�gs in support of its d ; 91-103, November $ 1991), • 1 " adsi-- judicial comPreher s :,plan amendments must be ri supported by findings 4b explain why the plan r t complies with •a.. � 2 J amen..�;;�e�a . , ,p �,p� cab • e approval standards. :.1 ar tual' g de .; Neighhorhaad, o fib ; Comm 280 Or 2 '3, 19-23, 5S9 P2d 1063 (19' „,;.,. Although no statute or 3 4 . appellate court case ye , r+, aware of sp cifi cal l y requires that ail legis :iv a ti omsre eniv plan amendments be supported f ndin ' s findings. may �� nevertheless be ree,�v.xre. d � a�.�.ow this Board 'to deteriaine whether the amen plan remains internally 28' consistent and consistent 1th the stat'.,wide planning .. setwes area ock Sere a on "t a na th, ' 100th kv'ea' e' on the reastg �n Th�� wa-. 99w oft the west Mttrd Street �� the st'ne. :field detteio.pme, nt on ``.the rs :th.” Record. 93. ti '112979 • TpEY.t =Tt' ° t.J 1 1�ES. �+ - .,►.► CI'. • 1. r .goals . �. _ �,f.JJ`om en _Vo er L �c1�math ` e nty, 1 L[TBA 9 13 198 SGT - , "145.1 , .11 Or ,, LUBA 84, ,89 -90 • (1984) s . 4 11d8 Qt._aS�' rla'k►�e� • Ce��tst�Boarci • e Com•,ti°ss pnor� ai Or , LUBA :33;',',,' 3 7 (1980) In .,(2.r.e ,az,1 ctric Si.,.. . ` .:, .a jpn u `.I: 3Y '. 7 0r- ' LUBA 68 ( 1 .� 8 2) rs3alt.. „. .,,- ..�, at�1D, s. 6 Or App 4 6, 'rev dam, 2' 6 'Or 8;2 9 (198 4,y , we exp'.,air4edl, that even were' the 9 4.hallenged plan amendment is 'legi Native, ' Goal 1 10 impozes an 'o bliga..t4on that a local goverrirent 6explaiz.a 11 why the amendment complies ' with app+lical31.e statewide 12 p1annin;! goals. This explanation' may be provided 13 .either iii fin�.ings, or', if not in' findings, somewhere 14 in , the record supporting the legislative plan 15 amendment . Where. the ]oGal government ;dte s not. ado t 16 f i�ndigg expla in ing Why the challenged',, legislative 17 plan 'amend.ment complies, with - applicable goad 18 requirements, w rely on •respondents to, provide 19° argam trr* rand c.it. ions to the record •to assist this 20 Board in. resoly .irkg' aliegatione tay p, titioners that the g • �' om 1°�'r with pi livable 2•? challenged dec i�a�n doe.�� not c 2 _ statewide plann ,xig:.•. goals ° (Footnote omitted ,)5 5 :3 The first assigmrt nt of error in LUBA No. 9 .3 ” 1 -133 is denied. 24 - 25 $EGONA AND • 0uRTI t,�MSIGITTS OF ERRAl (L 3BA , NO. 91-133) 26' Area FIR T ASS XG?? 1.41TT.. Off' ElIROR .(LEA NO, 91-137) 27 on4e.r TCDC $ect.j.o 18.30.120, legisla't'ive plan amendments • rf T NS y1 j, .1 r "' o°d�.*♦:�,:.•itR 'Z1�.Jy;,rlw_.S.t. �a 28 are subject to awpli.,.ncle wit) the statewide ;Planning, goals, u ' 29 applicable TCi A, and applicable provisions of the TCDC. 30 , TCP Policy 3.1.1 ' 3uovides as , follows 51n the omitted face iaate we explained: "Howevet, 3'ieithre •E appellate Gotha of this state nor - .this` Board have ' , that the s� of detai4ed iindiaiga r► culred by 11;1�: , »i ,�w 416(9) and 227:173(2) 'get 'pera$.t.s acrd regiiirec undex; � � kw;t: gate court dccisi6As for tither cp. asL 3 dicial land 141.3e de6i eiorns are requited ior'l4gi33at.ve . pl an t 0 $14,0 oP at i �entzsgb.4r xsf':shy =w .d, 'BA (Lim. p0.1,125; 90 -151 ens 90 1158, .Order o ►w Mot .on$ , �;,_ y4 • f�4 to D;ismi5s, e`er► (1.4 rw5 14, 1991) , slip op 10 n 11. FORS 197.175(2)(s) and 0,-) al 2 (Lard use ♦ Tanning) at same reVirenie:nt Page 6 se else rtial,lP .7♦b f 1'1J L: t Via; IGAKP "The City haU root a„l ow :. c revelo ent i~ `` , P� �� areas avag; th€ fo l s ng development limitat on2 where'` .i can be shown that, ��es�ablish�ed and p�.�ve� ang�.a�eer�.�t enhiques related to • a sped Fi� Site plan. wil''i :make tine area s ita�ble for tie proposed "d�evel p'ment •` fia Areas Navin g a hxg. seascna3, waterca�ble • "b w Areas having a severe soil egos .ors potentia li Areas sub je t ', to slumping earth movement; area.$; having slopes in excess of 25 %; or Areas having severe weak foundation soils TCP' Policy 3 „4.1 provides, in pazto as follows: e C ,t , shall, designate the following as. areas .4 significant Enviror,:± entah Concern.':, '11.5 f 7C * *, .6 "c. i.reas valued for their fragile character as .`� habitats for plants anixiaal, or aquatic lifer or having endangered plarit or animal species, or 9 speci'f is natural. features, valued ,for th% need 0 to protect natural' areas .. ” 21 There a e several impiementat on strategies for TCP Policy 3.4.1 22- anti re' ited 'TC? 14atural Areas policies, 1.fcluding ; the f•llow 23 ahe City shall. reviews alb. develo pment pro Oaals 24 •.d jaco:nt to 143.1dl3,fe habitat areas to ensure that 25 '.dve r s e impacts on any wildlife habitat area are 26 r ized, if reed be, ae es1,, that other federal, 27 staf�eard local agencies .� de .. 2$ p�ccposals . " r!'^F Natural Areas Po13+cy , t • 9, 29 mr,lementation St ategy 3. i/Ig 30 pF:� wtio •exs allege the cit fa' g ta • 3dentif. by i1iz� y y erre 31 tae policies • p g' g 'acs �� TCP p ase -s and 3.Ai leme���:in e a � ate' y° asatigareva str 'i l 32 cr tr:r.`i i and by fa 1i ig to demonstrate comp ianc+ w t � hsia 33 p1 d provisions in iaakingi its dec ,sign 34 Transportation map Page o amend �' g I e uu .0 M „ ' w �+1 E03*220 E Petitioners also argue ti e alle, �y :emcnstrate compliance with TCDC Chapter .164 P C Str ee and u h 3 Ut:.lity Improvement Standards) . F.et3.E.ione r s. contend the ,cit L;Ailed to demonstratie co mpliance with the following ah1ilicabte g ' 'qtr et r v o eraent stiar�dards . �tp � a'The �� §.ocation width, and grade of all streets shall, 7 conforms to an approigred street plan and shall be $ considered in their relat3,4n to exiating and planned . str°eets, and topograph3.c conditions, the public 0 convenience and salt y arid. :, their appropriate , . ?' relation to thre proposed use of. the, land to be served by such streets * * *.se TCDC 'Section 18 164:03'O.m . "As far as p Actie a1, streets shall be dedicated any, constructed 1.z% all.gnment with existing streets by continuing the center lines thereof. in no case shall be staggering of streets making 'T• intersections a,t collectors. and :arterials be designed such that jogs of less than 300 feet on such streets, are cret ted,,. as � 9 .measured from the ere for line' of such street." .TCDC 20 Section 18.3.64.030.'4;1.1. a 21 "ter ades sh< 11 not exceed -10 percent on , arterials,' 12. 22 pe :cent on 'collector streets, or �2 . �.. .23 0+ * * * n streets, percent on � .` an, TCDC Section 18.164.030.i4.1. �ilc'r s�i:�ert ,6CDdr ` enors contend non' of tbe' above: TCp or TCDC n .�r'iT 25 pros ,ions apply to the challened pla,,1 amendment. In.t ervenor 26 exT 1 r . that sunder TCDC Section 18,2603o, all.` re', quests for. 27 des e opment approval mu$t comply with. the S d T CP. Fu.T' th under 28 TC JC Section 18.120.020, all develop rent is subject to site 29 c.eveior mi nt review. Site development review a ly requires 7!JC Section 18.164.010.A provides 45 follow3 "Ttie purpc se Q€ ['the Strek‘tt and Uti lltt T �° .� mps��Q�,.mr�nti St�*idardsj is to provide construction standards, for the imPlementation of Public and private facilities and utilities such as streOts, sewers, and drainage." Toa ytz yEs, Pi the 'Ibc)va cited TCDC strett. and "' standards .ad,dresSed.8 "De.velcoputent"..i.s br•oadlye' arid. t.rould include, e street improlrementS envisioned by the witetil.er or not t disputed streets are Unproved in conjunctiondevelopntent of adjacerat properties. TCDC Section 18.26.030. IntlarverAors point out i7Cp Policy 3.1..1 explicitly. envisions ,specific engineering techniques .)eing appliect at the development stage to make areas with the cited litriitatie)ns. developable 10 't:heref,aref ar)p13.es at the ..time a Sfic deve3.01)rnent plan is 11 pr,c)iaosed. 1iervex1or ccitend TCP 3.4 ..2, (c) imp1y directs that 12 the city designate certain kinds of areas as areas of 13 sinificant environmental . concern and does not 1.1titiott,L. tn approval .stan(lard on the challex).ged plan taitlettclzrtent.... Further, 15 the implementation stray.t4y,follovring that po1Ly qu4)ted supa 16 is explicitly directed at deveXcpmen't. proPoasalS. 17 We agree With ir.t.rVernors that TCP Po.ticy 3.4. (c) is Alat. 1 -G an AP13roval crite2iOn for the cha3.1enged clecizign, and tIzat the 8TCDC Section '1.13.320.180.A provides, in pazi as follows:, c"rhe Di,rector sball, make a finding with xespect to each of the ol..),oiring• criteria when 4spE)rovivg with conations, or dem/11.4 4 n application tior 3ite deVelopmeint rtaview ,approva11:, te Provisions Of the 4followiner cilapterse Chapter 18.1.■4, Street L'0d imprcivement StandardS. 1:1'29/92 1.;::42 `p°aU: 0 Z4ou S1 ULL k L 41st 444 L 1 L 1 Uk I %kW Aig (Ii a. ,.x re&la;ini'ng TCP ProvisiOnM and the "CDC- street . and utility standards quoted-,above apply at ahe . time development of the disputed streets is proposed. .Those standards are not intended as approval criteria for plan amendments, such as those adopted by the disputed decisions 6 The second and fourth Assignments of error in LUBA No. 7 91 -133 and the first assignment of error in LUBA No. 91 -137 are 8 denied, SSIVNUCENT OP ERROR C% 1 fO. ' 91 -133). 10 Pursuant to Goal 5 (Open S p ,ces, $cenic and Historic Areas, 11 and Natural Resources) the city has inventoried a number of 12 s l yes to be protected under Goal 5. Pe1-it ione ..s identify three 13 sites that either will be, Or iw y be ,ffected by the ha11wnged 14 decision, 'and argue the city erred by failing to explain how the, 15 challenger) decision complies Ilrith Goal 5.10 16 When adopting 'amendments to its acknowledged comprehensive 9 'ki tnOugh we agree with intervernors that the TCP and Tcpc provisions discusaed under these aasi grments or error Y are nit approval _Ti ter_ i a . applicable io the , disputed plan amendoents o we agree with petitioners that the disputed plan amendments aPprave an alignment for Sattl'jr Street!. - +iuich has staggered WT" intersections with, 100th Avenue closer than 330 feet apart., Therefore, Construction of this Sattler Street a1.g ent necessarily would violate TcDC Section i Q .3 64.030 . G.1,, quoted. above it the text. The 4 ity apparently attezzt ted to address this prolem ` r- sxmnPtif.ig Battler St.. y - r minor tt�ilert,os:s�e ' We address this �tens�an 'from the city's .st�nds�= for the design _ � , of the. city's decision.. pest.,. 7'I ■ i °Thc, _ I city s decision adopts no findings addressing Goal 5, and the i p �.nti ento. s provided by the! asties do not 1y locate the city's p p�stec3se� .�► iqa al 5 resource altes., The Little Hull Mountain � � � mh �t8i 'fit �.14.•'s1 Goal � � � l �i�� e inventoried site 3 .and appear be and the Ka1,lstrvAe Fir Grove are boti�,... impacted challenged Little hull Mountain L decision Petitioners atlso •'Ft, ' , he si�'�.t ° y� ' s Fiat ��tik t of ace ;� 1. e c � area is designated as a 5pei:ia7 Area ,;aced contend that it contains resources Protected by Goal 3. CD cage io + p . 11 ..z: +S'!'UbA., 'iii 444 1 pzaae the city i,5 .; =qu fired to Assure that .th:e amended 2 rem airns in compliance wi - p .,h the: stater id planning oals. qr A PP 9;. �'�, 7.18 P2d 53, d n 445 '(1986). As. n.r.exvenors 'earrec ' �J.y .note, 5 the - city's acknowledged plan includes a variety of meaeure$ 6 adopted to protect id ent ifi ed Goal, resource site. ,However„ Isere, the city is amending its plan to dec; -gnat a new , s�la.gr�me _� a 8 for . minor collector e°.xten ;irons ,i nd to redesignate exist•.ing 9 streets.' Thene change; in the acknow1ed ed comprehensive plan • 9' P � p 10 require that the city identify possible nonfilv.ts the proposed 3.1. action may cause, wilt*, inventoried Goal 5 resource. 'sites, and 12 explain how. those conflicts 13 , Division �5 :1 resolved, as required by OAR 660 14 Intervenors argue: y 15• "'� * Absent tt [sic] indication that i th ;,. 16 � e pan •� � a.b�en�- �a�ent� would, adve�.� ��;�' affect the inventoried 17 1,-;:solirces in a manner ,not anticipated by the City's 18 acknowledged [comprehensive plant and '].and use 19 regulation] atfon] protiisiaYs, is a P ptopr. =te for * tity 20 to rely upon ks.aistirntj inplem ting Measues to :1 maintain Goal 5 compli�� n4; ,.., 22 __.Q e � _ .5. 7 Or App ..__176 ' 721 P;td, •'�3�70 f av��nt�t nt �„r 23 (1986) U Intervenors Res1a. ndent "s Brief 154 24 If, y the above quoted statement., intervenor; Mean - that 25 .here a proposed, amendment to an Acknowled ed dom ;; rch. t s to � � A e save plan 26 will not affeGt 133vcLtOrz.ed Coal resour affect them ces at �v�ll aff 21 on ly is aAnner already anticipated by the plan and i addrus5ed a sage y OAR 560 Division 15 establishes a process, w areby Goal sjtC4 mist be inventoric de conflict-1%1g t e S identified, and adt''ted to resolve those cc`On11 lots' adop‘*trd • Y reSeuroe • r program • r. rlo • .b • YN- 10 7. 1 503 220 24$0' some manner pursuan siowever STt3�L ; IVES a BAR 660 Division agr o , etc .not agree .that we can assume, ba3e o, the disputed decision or he record ill this matter, that such i.3. t case here. , Where apparently applicable statewide planning' g pa.l; are implicated' Jain how the :.lain why 683 (1989) ti alnd by a cha/101.ged challenged decision,,' the city "must either dec ,r i. n !complies with the ;',foals \or those e+...iparently applicthle goa_ 1f, :o not apply. .ate. 17 Or .LUBA 671, ;;a '.�►;f��.��� error: �.'ir�}'��'�t��A�,�;��, SIG di 1,_`3_"x.9 13 p :. eti ,,,:i on;ers argue the city failed to perform its ,obligatir F• 14 to coords.n ,te its plan amendment with a,f; ec red goorern wntai 15 entities. TCP Policy 8.1.2 Provides as follows 1F ' 17 18 19 20 "The city shall provide for efficient management of the tra,lsp or .. tat;.Z.^n Planning process within the dlty 4Ad the metropolitan ar(aa throt gh coo eration with other federalf state, regional, and local Jukiz ioti ns." 2.1 t Q e Sys came the above `.n 1 iCy eras adopted by ‘4..lie city to implement, 22 its obligation under Goal 2 (Land. USG Planning) °� • at �n. 1' �Cr' �.,y�'11C� � 23 its plan ameridAtents are "coordinated with the pia= ' of effected 24 gov6rPmduta1 units." u ALY-12f ( �) 8s . !,S�.S X�,._? l,�f� ntu, 1,3 Or LUBA 2024,• 23, 473 464 -�$� �.����• • r 26 210 (1985) 21 Pet>Irioe1es� contend, . that neither the decis;�.on 28, reco rd in this natter � st 1..�. h s the. pity` fu1f.3,?I..e i its e Page 12 • • .1.t1i ti 1. 1r:.4 b AJt.L ` 141. C+S 44-P CI 11 Ui t i 4 A14,.J 014 A� ,rG 7 Ioi a gat b o n under y ke beabVVe cited P oli 4 r1 o Vrd : : a :6's' / '. 2 decision with . t1e Oregon Department of Tra orta.t3 ion; the 3 Metr0001itan Service Di.3trict, And Washington County We 4 ag: ee.12 5 T fi.th assignment of error iin LUBA No. 9/. -133 is 6 Lustained. 7 r 8 Si, C'1! 4�:�9`� EAiT Off' El�,cR a<1 (W NQ. 91 -I' FD /R'�E 9 t3 t 't 1 ° .wi., ..`3.. 1�s.� ... 1... lo- di ►C. TCg Policy 8.1.1 Provides as oliows J I "The city shall plan for a safe and efficient :street _t2 asnd .roadway system that meets current needs and 13 anticipated future growth and_' development. " 14 Petitioners complain that the challenged decision•. doers not 15 demonstrate compliance with this palic_y. Petit oners in LUBA 16 No. 91-,133 point out that if the extension of 109th Avenue is- 17 not co meted at the same tine the other imp ovemants 'envisioned 18 by the city y s decision: Na.eve Street will provide the` Only 19 outlet onto Highway 99« and contend that iinsigr alized' 20 intersection is inadequate I c�uat�, 'to Perform that f�.ncCc�zi safety. 21 Although TCP Policy 8.1.1 is very general, and it tervernors 22 cite a ri ' umbe-- •.: � of places in the record where $afety' riming, and 12Althougb. the recd d Its s tine Oregon Department of iiVansportatio.i p `g; cal pro tedinga, there .is nc and.' • ion � the second that th�p: cit aoordl.n .,ion •.. ie the Mets�� ` a�t•.Cipated during' the local ci M ,�'91i 3�de t � its e ��.Cd tL�n o �tR'►�t 1tS' de' r; b3.str&ct. or wa:tthington county,. 13Petitio;ner Luton olaiilL4 "'the vri.00utrcverted E. 'idea« era's that , the .. on 1 s . tO a i`t ~ �S ttit Joo ' � " AA int 'hie is + he the dace iV x a ropase�3 rae�Y street'. s steYU Koi�1d huk�m�: n4 �. r tjf p y " e�� ex 11. ,vesaars correctly uo e _ the poli.cY is s d,# a, tom. ed ►t , t,hd s j i t: �►`a. � Sys' era . � . y�a/� _ X and does riot necessarily re t re that the city avoid all: action l that vary Mane negative 1,dc?act6 ran aevetoFmenC, of atPeo�;ffc 'saalvs.diial z~opc s 'age 13 ' 4 1 0 i,i /29 /.9.2 x:,.,: '22 4 • 503- -220.448 $I`l`�EL Rd vE; OF TIG funding of , improvements 14 discussed, we agree with petitioners ` t 4?lieves the policy i,s that ,e' ��ity must explain tiny sat is fled by the , cha.l lenged der isi on it The sixth assi vnment error n No. 91 -133 and the fourth a sig ment of error in LUBA too. 91 --137 are sustained. SBCOrna AND THIRD, ASSIGNMENTS Of ERRp ; (LUBA 1 -137 Under these assignments of errc)r, pe iticne , raisos 8 essent al y two issues'. First , petitioner eti i aner 'contends* the o�.t:,r ._,� 9 erred by exempting the Settler Street extension from city's s 10 street standards . applidable to minor . collectors. Second, 11 petitioner contends the city erred by failing for address 12. Statewide Planning Goal 9 (Economy of the State) and TCP 1,3 provisions requiring protection of commercial properties. 14 3attier ' Street Extension 15 Sattler Street presently terminates at 100th. Avenue. As 16 approved by the challenged decision, at a point approxirnP.cel Y 17 200 feet nort:b, o,.. g Street/100th �. the existing .Sattler S h Avenue 18 ini:ersect,t,on, Saattler Street, would be extended ftom 100th Avenue 19 to the west and designated, a minor co3 lecto , thus creating t111, 20 intersections with 200th Avenue with a 3(.4" of 1t,ras than 21 300 feet. As noted P. aove, such a jog violates Te Section 22 3$ 164. 0?0 n supra. The city's a pparen t solution 23 to this problom wn.s to add the following language 24 anseortw t on .Plan Map dotes: 25 /The design of the sattler Stro t Extension may ire 26 from the adopted City stand tas tot' minor col1ec . r. » , 27 Record'21, , It 21 II Page i4 f 4 615 t iq • • 80;3fi- 220 -24 Y' GARS ;, rf,N 01 explanation 0f why. the above e exeanptfon" or SatthP ���• i motet,. extension is warranted.14 ' Neither, dory r' � ten �s Petitioner c, an • Y 4 4. the the notices of hearing Provided in this matt er er s ugqest that 5 the ci.t'a' pr'Qpoteci to amend i.ts tan to A c ®mpletely exempt the 6 Sattler Street extension from the standards rds I the city imposes on minor, collecto/s . Petitioner ` contends the city's failure to provide adoqua,te notice of its ro � axed a coon � � , vi�lat _s Statewide Planning Goal. 1 (Citizen t . - �alve Involvement). � : ' ' Pe tyt ianer 10 also contends the city ° s t'ailure to explain why thee. adopted P 11 exemptan is warranted constitutes ,error. 12 w agree with petitioner that the challenged Lecis ion does 13, not explain why the Sattler ;atre'et extension is excused f;t'om 14 compliance with the street construction standards applic &b1'e 'to 15 manor collectors. To the extent the 'exempti4 n is intended onlY 1,6 to obviate the requirement of TCDC Section 18.164.030.G.1, a.G.1, 'there 17 explanation - °. no for why TGDC Section 18.164.030.G.1 c ems' cannot be 18 met, , and the a emption. granted is much broader than necessary t'o p 1 _ to a 19 eliminate the requirement for nom lia�ce t►rit.�, that �oart3� 20 standard. i excuse we are unable to discern the city's . rationale 21 for exempting th.e Sattler Stre<=t extelasjo» from the street construction standa ds applicable to minOr dollectors4, we 14we agroe With petitioner ht while , t t t the : � city t$ intent nay have en only to relieve the Sattler Street extension from the /00 foot "T" intersection j�ah�g req irert',ente ... . r . ; is much bYb.3cA;�, a� �� 'quoted ' exemption • r , �. provides that the Satfi�ler tree ten need F ds applicab alig le d $Ot Ct�mpl�► with apparently f'' the �- a to minor col �;ec�.e,r� astandards ''age 15 J .. e WWI Ur/ G'4I8 z 1•:4b `4;;YOUJ, i 6U, 641I5U 4". ' 1Sda:.L sustain. this subasignment of error. Goal 9 and °MCP Cor m r(Lt1` . 444 1.11 I. AALO pz'opo y Provtaions. ratita oner contends the 'challenged 'decision will .have significant adverse economic impacts on his property. The :xt Mansion of 109th Avenue may cut petitioner `1 property into two pe reels . Petitioner contends downgrading Naeve Street to. a 1jcal street will adversely affect access to petitioner's f c: 'mmercially planned arid. zoned property. In view of these 3 impacts, petitioner contends the , city erred by failing to 0 e- gp ai1 why it decision i s consistent with Goal 9 ani '- � d TAP g protection of i� .�rovis;ons re grin commercial properties. 12 12 Petitic'rner< 0 concern is that the properties nov1. served by " 13 Naeve Streets and his property in particular, ' will be adversely. L 4 affected by the challenged .lenged decision . It is not at ' a 1. clear to 13 us how the potential 'adverse transportation and access impacts 6 noted on the pages of ; the record cited by petitioner could i 7 amount to a violation of Goal 9. As interyvnors correctly :iote, Goal. 9 require p the .9 of the state. The city gear (t]o diversity and . improve the econon° does not rec wire that all city planning 20 decisions avoid adverse cconom:.i.c' impacts on is di idual. 21 properties. Petitioner: s Goal 9 all c :.ions are not 15In arguing tie notices of hearing provided by the city violate Goal 1, Petitioner does not identify specifically which provisions of that Goal he believes were violated and. d ►es slot ci�t1� provR sir ns + f the ' cP or the TCDC that may h�sve been adopted . ...:. P, �+ p ed to govern notice of 'iegLS�.ati��e ' Plan aareitiments or dement Goal 1. On reummdt the city presumably viii. assure that -its. notices of heating Are ode uate to adv Se persor wiaha.n1 to' participate, those proceedings of the nature of the action it intends to take. Page 16' 19 ',6401 v.. exception ; that the ca ty "� Ahi i res d4a etTelOpman ommercia ' •and industrial zoning 'district Folic tioner,:'s argument i.3 apparently. bar d do s v i W'tIr hat: a'tii allerige4 dEcs.s .or4 ai.. .. .2 prirfoarfly.ntended to •alhdw. ®we1opmen ,nte�rverors ' ,j,dgn, is 1,..v =zones r er ae, mu f P p tY • sty s._ the a.l1e:ngE d d c3sion ` "dees not approve residential. develqtment in ,allenged; decision violates TCP. Policy` VI: 5. g,oven "The city shall coordinate . its. planning eiro-ts .with 3:9 the Metropolitan Service' District. and Oregon 15 Department of T.ransportation t•► ensure adequate acce's's 16 from major arterial roulzeS to designated. . ccomerc a :4 17 a.rd M1fitdus>tria1 area." TCP Ecoracmic : tmpleattentation is Strate '19 TC? :icon m ` implementation , : t mp�:emen,,.atic�r� �%r�itec�y 1..� r�a� �� smpa:zGa�.ed S 20 by the 4:hailenled decision, and t. ;ie city must address that 21 strategy on remand. .u2 The sec seo'crad and third assignments ad 23 91 --137 are sustained in part. 24 The city's decision is remainder hereby certify ,that °I served the foregoing Fina3 �. � op i,z1� .�; and Oi der ' for LUBA Nos, 91 -133 'and 91 -137, on January' 2S .19 c 2, mailing to said parties' ar their attorney a true copy there. If oa tained irf,i, a sealed , enrelopv° ` with, postage prepaid ac xres sed , .t said parties or th‘*-4ir ett.orney. as follows Jack L. Orchard Richard Whitman Sall, Janik & Novack 13 101 SW Hain Street,, Suite 1100 14 Port'-and, OR 97204 15 1G Jamcs H. Sean 'Lin say, Hart, et al 22; SW ' Columbia, Suite 1600 19 ?o tl&nd, pR 97201 20. 21 T- . itoth�.y V Rami s 0 Donnell, Ramis, et al 2'3 172? NW Hoyt Street 24 lortland, OR 97209 25 26 Steven L. Pfeiffer 7 Stoel, Ries, et - al, 8 100 S Fifth, Suite 23U9 9 Portland, OR 97204 30 31 32 Dated this 28th day of January, 1992. 3'; 34 _, 36 37 38 .`tom''' , a. Cray y 3 9 in�.strative `Specialist 40 n, 'D NI JEFF h AOBnAcH ?�dAIaK i. BI��CEI 1:.:. C RRIGAN* S`TEI'N •Fh , CREWV' CHARLES M. GREEFF RAREN'?E. JONES * ** mum A. MONRHAN NANCY.B. MURRAY MARK P. O'DONNELL TIMOIBY V. RAMIS SHEILA. C. RIDGWAY* ,MICHAEL C. ROBINSON** WILLIAM s„ STAiN•AIOR ••4S0 ADMTI'Olt 7O c nc N sTATu '.% WM iantne "ALSO Amnion HOAcncil r' wpscot M 41'9.LSO ADMl17ED i0 P ACOCi N 16ZA3 ATitORNEYS A "';! &W r HALLOW & WRIGHT BU1d DING 1727 N tU Hoyt Sizeet Pordan , Orfgan 97209',,' TELEPHONE: (503) '222 -4402 FAX:. (503) 243 -2944 PLEASE REFRY =PORTLAND AND GFFICE Wive ber 1 kt, 195''2 1 'MAMAS COUNTY OFFICE �+!"1 N, Grant, Suite 202 C nby, Orr ;3n'97013: (503)17 --41 A9 JAt•S ICI. COLEMAN KBN�NLrIll M. EU1OT ' SI:etelall Counsel. at' Reidy 'Cite Adlministrator City of 1gard Bo 23397 Tiqar OR 97281- . REo avers Qrt M. itv Of Tigard, CA I No A76466 ;dear Pat: have researched th of whether we can petition t'i!le 'our! of Appeals for attorneys fees against Marge Davenport. 'The answer is no. The Court of Appeals does not have independent authority to award attorneys fees. LUBA' may award attorneys fees to a Prevailing g par ty where, it finds:, the p t cause to believe �t,he �� os�t �p errs � g � �� � 1 n was without prevas.l�.n p o os� waso well f rusded and primarily for a' purpose other than to secure appropriate by action! b the Board. In Marge Davenport's LUBA case, tine City did! not move fe ',r attorneys fees ` because at least several of the positions had cause. . probable cause. Therefore, even though Marge's appeal .of LUBA's 1 y without merit'', we ca� ask for . dEo�.s.f on was utter y nnc�t a attorneys fees. However, because the City prevailed at the Court of Appeals, LUBA' will ,hot tl r11e favorably on o i. � for oo p ar�.n on the record. s in re Y Y our �rro for st Very truly Yours' O DCINNELY, R II CI EW & ° , � CORAIGAN ichael C. Robinson h CR/ s► er/` -gon idavenk)oat,%r �►t3 oc: 3urphy, Community E' V., -,Naafi e�opri�er" Ed r�� T i31io ev th,�� ' �.s, Esq» irec -1 • or 10 11 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 2 7 28 29 30 31 32 t 33 34 35 3 a7 38 : 39 40 41 4' 2 CITY OF TIGARD, I I Respondent, TRIAD TIGARD LIMI`T`ED PARTNERSHIP and ROSS WOODS, Interve ors- Respondent Appeal from City c Tigard.' Richard M. Whitman, Portland, filed the pat ti,on for eview and argued on behalf 'Of petitioner. With him on the brief was Sall, Janik & Novack. Timothy V. Rama and Michael C . Robinson, Portl,anl, filed the response brief. With tiherf on the brief was A'Don�=oell, Ramis, Crew & Corrigan. Michae,i C. "7Rbbinson argued; on 'behalf of ,respondent. Stephen L. Pfeiffer respondent. HO,LSTUN, Chief Referee, participated AFFIRMED' Portlayld, represented int'erv(nors- Referee;' LAERTON, " Referee; KELL:I:NOTON in the decision. ,You are entitled to judicial review of . `this Order al review is gover. by p . . . Judicial n�.;d b t,iie ` provisions of ORS 1, 97 , 854 Opixii.oi•14by Holstuf,A. , 2 NATURE 071 THE DECISXON Petitioners appeal an amendment to the ,Plan ('TCP) Transportation Map. MOTION TO INElIVENE Triad Tigard Limited Pa.rtiter.shilt) and Ross Woods ," moveto , . intervene,' on the 'sic:ie..' of. re.porident'.":.. 1;,here is OppOsi.tic)n • • . • , , • • , to , , . ., • „ „, , theHTTiotion, and 'it is allowed. 10 The challenged decisiori; adopts legislative amendments to 11 the '1"C.1P Transportation Map. The decision provides a.f,\ follows:, "The City Council hereby amends the [TCP] 13 Transportation Map by 1) designa.tingi Naeve Street a 14 local street, 2) establishing a nevz extension for 15 3.09th Avenue from its current terminu south of 16 Murdock Street to Pacific Highway; the e)cit,*.ensir3n would 17 curve across the south slope: of Little Bt,11 Iviefhtaint - le crossing Naev'e Street %.i'est, of The Fountains 19 condominiums and meeting Pac,i.fic Hight•dy opposite the 20 existinig intersection of Royalty Parkway, ' 21 3) designating 109th Avenue as a minor collector 22 between Canterbury Lane and Pacific Higtzway, * * 23 4) establishing a local * * * street (the Sattler 24 Street Extensiori)„ to connect betl•ieen 100th and 109th 25 Avenues at a location north of Hoodviet4 1)rive, and 5) 26 add 0c)rrtipretiensi.ve Plan Transportation Map Note S #9 and 27 #10, as show T1 in Exhibit ('C') (En11)haset in 28 original orr.i.tted.`) R,e::•,(:)td 11. 29 we reviewed arid remarlded irni1ar atrilendrElgtnts in DAe.1:1);212x.t....1c.. 30, LUBA 31 January 28, 1992) (113=t12,clr.t._2',4,) . 1owin or remaild, the city revised the amendments in several res1:1.ettsj conducted • .1 . and . supporting findings a FIRST ASSIGNMENT OF ERROR In " ave port 1 s ! we remanded the decd. is . for failure to adopt findings establishing that the challenged decision would not affect 'Goal �,; (Open ;Spaces, scenic and Historic Areas, and Natural Resources) resource sites included on the TCP, inventory of Goal 5 sites. explained that i he ProPosal will conflict with inventoried Goal 5' si tes, the city must demonstrate such conf lict r$ will be resolve z in accordance with the requiremerts of that, Goal and OAR ' 660, Division , 16.2 On 4 11 remand, the city adopted findings that the TCP. Transportation,` 12 Map amendments will not conflict with inventoried Goal 5 sites. 13 Under her first assignment of error, petitioner cc'ntends' 14 the cis ► ignored two inventoried Goal 5 site, and e f f e ct i v ely 15 revised its Goal 5 'resource site inventory to avoid addressing 16 the Impacts on two other sites. 17 The City's Goal 5 inventory 18 An underlying p robl ,em in asse3sin g the city' exrlanation 19 for why it believe$ no Goal 5 resource sites will be affected by • llthe present amendments differ from the prio2, amendtents an two . y p ' air decision the Sattlero ways First; in � „he city e s r�... - Street sxtpnsion (itvm number 4 in the text) was designated as a minor cc:tiler.= street rather than as a 10.x],; street. Second, the oontents of TCr Trensportatiol ,Map Not,ss # anti #10 have been` changed. The 'provisions of prior TCP Transport,. Lion dap Note #10 were one of the ) ases fors our remand. 2 .. ; • . b , i es : a process whereby+ Gal, 5 '`tescuroe' OAR �56Q�, Division 7 6 establishes must b€l invexitorie,.r. roof lictiing uses ,and ';their consequences ! idtanfwi±ied, and a program adopted to resolve those conflicts. Page 3 4 Vn 1 the adopted '^CP Transportation Map amendments ig. that the 2 written descriptions ..of the inventoried Goal 5 resource sites 3 are ; not precise. Neither are the relevant maps, which are a . t g 1, precise scabs of 1 ine,h. equals . 1 d x:00 feet. here fore, the loca:tioa and extent of inventoried Goal 5 sites i,s ambiguous. The above sources of ambiguity are compounded by the TCP' 7 lack of clarity in identifying precisely what portion of theiTCP 8 the city intends to constitute the inventory of Goal 5 resoau,rce 9 sites. Volume 1 of the TCP is ,identified as the TCP Pesource 10 Document. v The Natural Featur' s and Open Space section of that 11 document is included at pages, 1-17 thro\tigh 1-114. Pages 1 -17 12 through 1 -52 include both maps and textual discussion of natural 13 hazards and resources . 3 -pages 1 -53 through 1 -114 are designated 14 as an appendix The first eight sections of }h. appendix 15 provide information on hydrology, floodplairls and wetland s, 16 geology, groundwater, soils, existing vegetation, wildlife and 17 parks. TCP 1 -53 to I -93. The portion of the appendix beginLinc 18 on 1 -94 is entitlt: d "ESEE.14 Appendix to 1 -96 appears to 3TCP I -33 is a topographical map showing the appx'c:,, 'lmato location Cr " "' the Little Bull Mountain Summit. xCP 1 -39 is a map showing vegetation. That map shows the area . ultimately identified by the city as the Little Bull Mountain .aatutal Forest:- as including mostly coniferous forest, but also including a smaller deciduous and mixed deciduous' and. coniferoiis ,'forest. The map also shows additional areas of coniferous forest south and colit of the area the city identified the Little Bull Mountain Nattu al .Forest. Little ioull 'Mountain is described as a wildlife rear, 't'CP 1 -40 The Little Bull Mountain Eummit is described as a pd °vtic riarlY N`a? uable scenic artd wildlife ar- suitable for preservation through fee purchase if necessary. .- ;, ' TCP t -42, ��� � 'Pie discuss t4ie Little Bull Mou�at ain Natural Forest and ,►r,mamit in more detail below: a � rInder OAR 660 -16 -005 local governments are it gu :red ' dentif y gage 4 r • C 1 Sae a very genes 1 inventory, conflict ident c'a.t ion c E a ;ralysis and program decision followed by a. sect on'' ent'it Le dentified RReisour.ces" which identifies' a''tot'al es c ibe f Zv, sites an a the nature of those sites and . how' they w preserved or protected. TCCP 1 -95 through "I -108: 'C'' 1-109 is' gross scale map showing the approximate 1ccatic o 'che 2L0 sites, and TCP 1-110 to 1 -114 is a bibliography. A1tl,tough the inf "ormation and discussion of Goal 5 resource. sites provided at TCP 1 -17 through. T -93 certain: may bi 0 relevant in clarifying precisely what areas the city inc ed on 11 its, inventory of Goal 5 resource sites, we agree with respondent 2 that the rc er focus is on the 20 sites identified on pages p P -96 through 1 -108. Those Pages of the TC? cons.titute 'the 1; city's inventory of Goal 5 resource sites. TCP pages T -17 15 through 1-93 includes text and map that can be read to suggest 16 that the inventory should included additional, or perhaps 17 large= sues However, we do not : believe such text; .il or 18 graphic material provides a basis for expanding the city's 5 �. 19 Goal inventory on TCP 1 -96 through 1-108 or ` inalu.ding' sites 20 not iden :if ied on the map at TCP 1 -�0 ' . Again, .: TCP I•-�17 through w� 9 1 -93 can be used to assist in determining, .he precise location 2 �. 22 of sites' the city" included ' on the Goal 5 :Inventory' y on' 'r ntor set 'out ,r h 1-108. but those ages may not b the ` basis for 23 T�_�- 1-96 throng.... 1-108, p � conflicts with inventor:: .ed Goal, 5 resoUrc a sites and analyze the economic, fsocial, environmental a d 1 onve. �k � � ; e, SEEj cfl nseq a n es those, conflicts ee �aFS v. Cit,��,_.Ys a 20 Or v EA 18 . 197 . age 1- including si te:cs that ware not included or expanding the its 2 that were included.5 3 Before turning, to the specific Goal sites with which`;' g ' cts, : we ' re je ^t 4 Petitioner contends thy, clra en ed decision conflicts, 5 petitioner's suggestion that thF; city in this proceeding amended 6 its Goal 5 inventory maps. As discussed above, the precise 7 location and extent of the city's inventoried Goal 5 resource 8 sites is ambiguous. We understand the map prepared oil :e maid by ty staff simply to be an attempt to Perform its ` obligation to 9 ��. P 10 resolve the present TCP ambiguity in the area affected by this 11 TCP amendment. Set ,arson y fi a11owa ount}�o Or LUBA 12 (LUBA Nos. 92 -0:08, 92.009, 92 -011 and 92 -013, July 21, 1992) , 13 slip op 10 -12. In other words, the map prepared by city staff 14 is not a part of the TCP but rather a graphic attempt to resolve 15 the current TCP ambi:uity, much in the way write, interpretive 16 findings may resolve ambiguous local legislation. 17 B. ttie Bull IY3ouata1h Natural Forest 18 The city found that the Little Bull Mountain Natur l Forest 5we Rio not mean to suggest the city cannot in an appropriate proceedi,rsg amend is inventory of Goal 5 resottrce sites to 4 :d sites or modify 4he location of py tently des Agnated sates Howev! 'z'l that is not what occurred• in this tease. 6The map prepared by staff and accepted by the city as accurately` delineating inventoried Goal 5 resource sites in the area is actually an y i. g P p P. N '�, Two a ti.�i�al " illegible _, tty staff apeo included at Record 30 and < 70. The original e of that ana�dwas -= Provided oral argument..' The map shows' +.he Little Bull Mourt;taa n Forst P .:. near the to_ of the rna p and th,,a Ka11stiom' Fir Grove a ' Y+ d at , g.. � . the _ d a�.ent t o t�ht, area hated ' for the local street connection between lvexii.� h des' 100th Avenue. Pala 6 ti. .n. inve t.)ried Goal 5, resource pi. tee`' ira .- ,tl'xe vicin .ty.' o;f, the ropcsed alignment fur 109th Avenue. However, tie city e term an ed that the Little t e B�1�. �$Olnta a Nat u xar Forest it es r" 1r we.s ~ of .109th .Avenue and at a:w higher e v; att than che approve d 109th Avenue;. c:;t gnment The city also found 'that . the Little It 3u1'I" " °Hb iri in -"Natural Forest, was not inventoriecx Because the proposed aligr►ment Of 109th ;Avenue will pass to the east and south Of the Little Bull Mountain natural Forest, the 0 city concluded there would 11 resource site. In reaching these conclusions. and more prec.sel'y 12 identifying the ,ieocat,;ion of the Bull Mountain Natural 13 Forest, the city relied large 1. % on the 'folloWing language in the 14 TCP Goal 5 inventory= $ "The Little Buli. Mountain nat ural for�ast area's locate 16 on the y sl,,i,, a,of T : d - = u. • °...a, was 17 determined to be , si;gnificant Goal #5 ' resource as an 18 outstanding scenic site The size o: ' the treed area 19 includes aplr©xi.�a„ "+ Ly' sue: .. The wiidi 4..fe. 20 within the .site is limited to smali birds and an7,mals . ' 21 The major significance.'' of 'this area is itS, visual 22 i pact dewed from many vantage points within 7`igard.i 23 'his area is the' largest stand of * * coniferous 29 trf44�s within the Tigard active' urban planning ,area, 25 and, therefore, serves as a City visual. la'ridma:r'k 26 (Emphases added.) TCP ±. 96. 27 Petitioner argues the city determinat,3.on. that )10.9t i'' 28 Avenue will not pass through the tithe bull Mountain l atu 1Ca ►1- 29 Forest is incons.istei'�t with thy: test and maps included .n fi�.hi 30 play. 31 'rhe area the city d etetmi n ed to be �nclud ,, h l Bull Mountain Natural Forest appears to include the summit,: but 2 otherwise appears to fall entirely > on the west side of Little 3 Bull Mountain. Record 30; TCP I-33 1-39. The •area identified 4 by the city therefore is generally consistent wit'il the above 5 quoted statement in the inventory that it is on the _,...._.�• " side o , f 6 the mountain. However ' the v . �.0 - � �.n entory- also states 'the Ltle 7 Bull Mountain Natural Forest includes approximately 24.9 acs, 8 It is impossible to accurate3 y compute the size of the area of 9 the Little Bull Mountain Natural Forest shown on the ma-. p 10 prepared by the city staff, but it appears to ,contain less than 11 24.9 acres. However, there r, leanly are not '24.9 acres of. 12 coniferous forest on the west side of Little Bull Mountain. The 13 only way to' include 24. nacres within the Little Bull Mountain 14 Natural Fot would be to include a large area of coniferous 15 forest on the east an'3 southeast sides of the mountain. 16 Based on the above,. we conclude precise identification of 17 the Little Bull. Mountain Natural Forest necessarily requires the he 18 city to resolve Y esolve a conflict in the TCP inventory language. .- Th l 19 city's determination that the Little Bull Mountain Natural 20 Forest includes only the forested area generally on the west 21 side of the mountain is at least as consistent with the TCP L1 7The map prepared on remand does not include a scale. If our U included ... , calculations are correct, an acres would nearly are area of � "49 ac inch, on the maps i `at TC?? 1-33 and 1-39. If the earea . eho i a a n►ea r r p p P d by staff as the pP Mountain Natux.al Po +ast on the �a re are Little Hull -� rI approximated on those ma it appears r, acres. map b, ppears to be some chat smaller than 24.9 1' inventory . language as including sufficient forested areas on the eastern and southern sides of .the mountain to attain 2'4.9; acres. CD Li County, 90 Or APP 271, 752 P2d 323 (1988) 4 We therefore agree w th the city that it w;.s not required conflict reso1u . ' on process with 5 to proceed through the Goal 5 h Little Bull Mountain Natural,' `Forest . 6 regard to t 7 C. Tittle Bull Mountain Summit g Petitioner identifies language in the non-inventory portion 9 of the TCP discussing the Little Bull Mountain Summit as a 10 valuable wildlife and visual resource. See n 3, 's�... 11 However, the city did not list the Little Bull Mountain S‘arntiit 12 as a separate resource site on its Goal `5 inventory. 13 As far as we can tell, the Little Bull Mountain Summit is 14 included within the area ultimately identified by the city as 15 the Little Bull Mountain Natural Forest. The proposed 109th 16 Avenue alignment will theref'.re P ass east of the Little Bull 17 Mountain Summit rather than crossing it, as petitioner argues. 18 In addition to explaining that the Lit:tie Bull Mountain Summit 19 is not a separately inventoried Goal 5 resource site, the city sour determination that the city's delineation of the location of the ., taro Natural Forest 1pr*i.ans f 'phe UlaiD,n Some For' e� ampZC, Little sell Mountain uab1 noninventory p p if trhe a,L•ittle Bull Hountain Natural Forest i the Summit, the � ' noludes inventory does not acknowledge the valuable Wildlife habitat values noted ultimately, identified as the Li TCP ell Mountain Natural while Fo�,est app ren ].y 'includes a small area of Little Bull deciduou and mixed deciduous and ;:oni£erous'1 forestfl the A nventc ry refers only to coniferous forest. We acknowledge the appatent discrepancies, but for the reasons described, eariier, in the text it does Hhot alter our c' ty' , explanation for its determine tioh, conceriking the c �;�ntlusion that the x.�. �� � ex lair location of the Little- Hull Mountain 0.4tural Forest ' zs adequate. Page 9 I•. explains in Its decision that 'the "summit ° s primary. ,value is for the views of the summit from the surrounding city- Because the 109th Avenue alignment will pass east of to summit and at a lower elevation, the city determined, the summit would not be adversely impacted. We agree with the city that it was not required to proceed through the Goal 5 conflict resolution process with regard. to 8 the Little Bull Mountain Summit. 9 A Kall.strom, ', Fir Grove 10 The TCP Goal 5 inventory describes the Kallstrom Fir, Grove 12 "It has been, determined by the City that the Kallstrom 13 Fir Grove is a significant Visual and Natural ro ert line of the .... y 14 resource. Located on the east 15 Kallstrom property, the trees represent the only major 16 stand of Douglas Firs on the south side of the Little r .. ,17 Bull Mountain area. Planted by the original owners of 18 the property, the unique ,mow � t - � re_es represent t s ] a ,, 19 . visual landmark u for the residents in the area. There p qo g r.- 20 is a small la a aloe S4+T 100th denot�.n� the fi r 21 grove." TCP 1 106 w,. 22 The map prepared by the city staff shows the Kallstrom Fir Grove 23 as . a narrow row of trees adjoining the proposed east- t•';st 24 connection between 100th Avenue and 109th Avenue on the north. he 25 The city adopted the following findings 'explaining its 26 determination that the proposed action will . � � `l�. net oo�h�lict wit 0 27 the Kallstrom Fir Grove: Kei 9' 28 " • The kallstrom Fir Grove is a raw of mature 29 Douglas fir tree. located adjacent to 1,OOth ILI 30 Avenue in an existing residential ;neighborhood, e 31 " * * The only pots ntial conflict that the Plan 32 identifies with stil:cor.Yndi g land uses is the 33 oossibilit that the trees might down ter; y ght Yae cut 1:. make way for future "de *Yel�opmenl 2 . The prop Dsed comprehensive peers., amendment could only ha.1ie an adverse effect., on the scenic and natural ;' values of the KaUstl omi Fir 'Grove > if the proposEd east-west connection' between 109th Avenue and 100th Avenue required the trees to be. cut down or otherwise damaged the trees; *' * * 8 the proposed plan amendment does' not . specify the. precise ,location of the futur Z0 connection a, Exhibit_s.�,M_ .r and _c.,, .Wa-s . we.111' as 11 testimony at the hearing, demonstrate .,that, the 12 future connection will .lie within an ',area 13 entirely outside the grove and that the future 14 connection can be located sc) as not to require 15 cutting or damaging the . Grove.' There is ample 16 room to place the ,_proposed connection up to 17 several hundred feet from grove and at a 18 sufficient distance to prevent. damu.ge to the 19 trees or interference ference with their scenic value. 20 * * * • Record 6. 21 Petitioner does not challenge the city's expia.nation that 22 the Kallstrom Fir Grove p will not be ove as shown on the ma prepared w 23 affected by the streets authorized by the challenged decision. 24 Rather, petitioner argues the Kallstrom Fir Grove is much larger .25 than the row of trees ident'ifiec'1 on the map prepar'. d by staff . 26 Petitioner's arguments concerning the 14:allstrom Fiat' Grove 27 presents less of a question tI n those concerning the Little .,7 p � 28 Hull Mountain Natural Forest. ,Here there is. no textual conflict 29 to resolve. The above quoted TCP inventory language explicitly 30 refers to , a " row of trees . " role simply have nob as. m upon which 31 to question the above findings , concerning the location of the P' ' 32 Kallstrom Fir Grove or the map prepared by staff. Petitioners, 33 speculation that the fir grove tnust include more than a row of 34 trees if it was intended to be a naturai resOurz;e in addition to 35 a visual resource provides an i suffi.ient, basis for this Board o reject the cite° s interpretation. he city e.s interpretation is consistent with the enacted language ;'of the `MCP; and, a.s far 3 as we can tell, it is consistent with the apparent purpose and Policy of the TCP. We therefore may not , impose on the city the 5 broader interpretation of the area included in the Kallstrpm Fir 6 Grove that petitioner suggests was intended when the city adoPted the TCP. r ,T. • • • e ; , 3 1 3 ' 5 8 , 5 1 5 , 8 P2d (1992) • g Upshaw House /Gables House g resource 10 The Upshaw House is deai Hated on the TCP Goal 5 re 11 site inventory as a significant historic resource. TCP 1-105. 12 Petitioner contends the very gross scale .11n showing inventoried 13 Goal 5 resource sites shows the U s"aw House, as being located in 14 an area where it might be affected by the proposed connection 15 between 109th Avenue and 100th Avenue 1 The city adopted no findings concerning the location 'o of or 17 possible impacts on the Upshaw House, The reason for this, 18 according to respondent, is that the Upshaw House is 1oq:ated 19 east. of 100th Avenue not west of 100th Avenue ven xn the a,�e� where 20 the connecting street will be constructed- Based on the 21 testimony and map inciuded at Record 80 and 90, respondent appears c.. and we therefore do not fault the el 22 a ears to. be correct, 23 or failing to adopt findings addressing' possible impacts of the 24 challenged decision on the Upshaw House. 25 The first assignment of error is denied. 1,1 Page 12 SECO ASSXC Th NT O'A° EP1 ®R TCP rolicy $.1.2 provides' that: "The city . shall provide for efficient management of the transportation planning process; within the city, and the metropolitan area through , °cooperation , with other federal, state, . regional and local jurisdict ions . we explained in our prior decision, the above TCP Policy 8.1.2 implements statutory and Statewide Planning Goal 2 (Land Use Planning) coordination obligations. 1 u y, 13 Or LUBA 202, 210. (1985) we described "the two procedural: hallmarks of a comprehensive plan that is coordinated 13 with other governmental units as follows:' 14 "1. The makers of the plan engaged in an exchange of 15 information between the planning jurisdiction 16 and affected governmental units, or at l::ast 17 invted such an exchange. 1 The jurisdiction used the information to balance the ` needs of all governmental -units as well as the needs of citizens in the plan formulation For revision." 22 In pat, n oft. ,, one of our reasons for remanding the city's 23 prior decision in this matter was that while the Oregon ' 24 Department of Transportation (ODOT) participated in the 25 proceedings leading up to adoption of the challenged decsiQn 26 24..e. Tektronix, Inc. v. a^ .fir o ._2Baverton, 18 Or LUBA 473, 485 27 (1989), neither the decision nor the record established that - � the 28 city coordinated its prior cecisi� fi n with Washington County and 29 'x he Metropolitan Ser ►ice District (Petro) 30 Petitioner argues that th a. only evidence in tb record' that 31 the city has performed its coordination obligations under the Page 13 above' Policy is a memorandum from the. law 'firm, representing the 2 applicant indicating contact' with the °DOT, ' Washington County. 3 and Metro shortly before the hearing on remand. According to 4 petitioner, it -sl thee that must coordinate; ' and, in any 'vent,, the attemx is to coordinate b the app1ic • ant' s attorney 6` came too late. 7 The record includes ,a rebruary 10, 1992 memorandum rom the 8 city associate ,w fanner to "Interested Parties" explaining the 9 content and history of " -the `. city's prior decli,on and the 10 proposed revisions'. Record 121 ". The memorandum explains he 11 proposal would be considered by the city council at a February 12 25, 1992 hearing. Id.` Record 122 indicates the memorandum ,was 13 sent to "Affected Juris dictions, " including Washington County, 14 the ODOT Highway Division and Metro. 15 The challenged lleanged decision .explain Washington. County and ()DOT 16 have known about the proposal since June 1991 and have not 17 submitted comments. The record indicates K,k,ng Cite° supports the 18 proposal. Record 51.. On February 24, and 25 15J2, Washington 19 County, the Metropolitan Service Dl strict and ODOT were the ` 1 20 contacted by telephone by the applicant's attorneys and 21 indicated they had no comments. 22 There is nothing thin in n the record to dispute the abov0 efforts' 23 to coordinate with the affected jurisdictions . That some o the 24 above coordination efforts were made by the app1 scant rather 26 import,3nt is that the nature o the propoc d action be of :a explained,, the continents of affected jurisdictions on that proposed action b solicited and, if such comments are provided, that the city e:onsider ar acciammodate the interests of those j'L risdictions as much as possible. See ORS :197.010; 1'97.015(a far mss we can tell, that k)ccurred in this case.. We agree witYi� 4 ' 7 respondent that the city is, not required , to "drag an answer out 8 of the affected governments.' Respondent ° s; Brief 16. The city made sufficient efforts to , coordinate under TCP Policy 8.i .2. 10 The second assignment - of, C ".. : r is denied. 11 THIS ASSIGNMENT OF ERROR 12 TCP Policy 8.1.1 provides as follows: 13 "The city shall plan for a safe and efficient street 10 and roadway system ' that mee ":s current needs and :15 anticipated future growth and d,;, elapme:t , 16 In nav - i ort..i�., slip op at 13, petitioner argued that "if 17 the extension of 109th ,,venue is not completed at the same time 18 the other improvements envisioned by the city °s decision, Naeve 19 Street will provide the only outlet onto Highway 99W and. * 20 that unsignalized intersection is inadequate ' to perform that 21 function safely." In its prior decision, the city's finding g TCP Policy 8.1.1 was simply a conclusion that the 22 addressing MCP Pol�:c e.1 23 policy was satisfied. We remanded; explaining a`s fo1iows: "Although T co l y is very general, and 25 intervenors cite a number of places �.n t��e�,: , rec�,yid 26 where safety, timing, and f aiding of improvements is 27 discussed, . we agree with petitioners that the city 28 roust, explain why it believes the policy is satisfied 29 by the challenged decision . f Its lagrt ti slip op 30 at 13 -14. ail to adequately address the potential safety problems; that may occur if the Sattler extension is completed before the new tntersection with 99W such that S. Naeve, rather than S.'w'. 5 109th provides the entry tp 99W for the new east-west , road way. 6 On remand the city adopted extensive findings explaining '7 why it believes the challenged plan amendments are needed to 8 accommodate anticipated' growth and, provide a safe and efficient 9 transportation system for the area. Most of those finding, 10 not challenged by petitioner. The findings bearing on the, 'issue 11 raised by petitioner in this appeal of ithe city's decision on 12 i errand are as follows 13 "d. The plan eliminates the need for ,left turns at 14 the existing intersection of Naeve Street and 15 Highway 99W, thereby reducing the. safety 16 concerns associated with the ,existing 17 u n ignalized intersection. The plan also .. future 18 ela.mir�a�tes the need for a traffic signal 19 on 9SW at Naeve Street. Reduction in the need 20 for signalized intersections on 99W is 21 consistent with ODOT's standards for improving protecting efficient m 22 and rotectin the effic' � of traffic 23 on 99W as an Access Oregon �' ion movement Highway. 25 ° "i. The Transportation Map does not address the 26 schedule for construction of the various 27 im P fovemen ts indicated on the Map, 2e imp1eme�ntation will depend on where and when 29 land development occurs and on the availability 30 of pubic funding for capital improvements. 31 Off-sitr, roadway 'improvements are considered as 32 part of the development review process for land 33 development projects and appropriate conditions, se 34 of development a*;e 'os: °dared , for ea,c'n project. 35 * * * Yore over, the Council ; finds from the 36 evidence presented that the timing concerns are 37 unwarranted, The proposed plan amenclaent does not • " ': rate or introduce any iie raft is ' within the area; it simply rewoutes traffic within' the area. Record ' a arent remise un;er this assi n►ent of Pe�itaner s p'1P p g 5 error i that oity is 'obligated under Polic y , 8.1.1 t'o 6. demonstrateR in its findings supporting the 'challenged 7 legislative plan amendment that the future construction o roadways made possible by the plan amendment will be timed and 9 accomplished in a way that avoids the possibility of temporary 10 safety problems. The city rejected that premise, and so do we. g , 5 � a.nc,lude a statement th, ?t, based on the 11 The above findings n 12 evidence submitted, "timing concerns are unwarranted. 13 Petitioner cites no evidence in the record es,tP i shing the 14 nature of the alleged current or potential unsafe condition of 15 the Naeve Street /99W intersection. This problem aside, one of 16 the purposes of the proposal is to alleviate siil.rety problems at 17 that intersection. The findings explain that off-site roadway 18 improvements could be required in the context Of specific future 19 development proposals in the area, and could include, we assume, 20 improvements to eliminate or mitigate any safety problems at the 21, Naeve ' Street/99W .'.ntersect on caused by the timing of the 22 construction of the roadways authorized by the challenged plan 23 amendments.9 9The findings explain that once the 109th AVenue connection with 99W is come. � lets,:. the 99W :median at the Naeve: Street/99W intersection will be closed t prevent southbound turns onto" 99w' from Naetre Street, , imp,coving safety that intersection.` kecord 51, Page 17 3 kzha artier particular segments of that roadway are built. 4 avP y ,.„I, we explained that TCP Policy 8.1.1 is very general. of the general nature of the poli.cyr and -the- •leggslat -lve • 9 We agree with the city, that its fildings need' not negate 10 every potential safEty problem that might' result- from future 11 implementation the improvements authorized by the challenged 12 �',an amendments. Although . y the potential for p menu . Althou h it May be that _t 13 safety problems during construction of improvements auth orized 14 by ; i legislative plan amendment such as the one challenged in 15 this proceeding Could be violate a plan policy such as this e shown to viola 16 TCP Policy 8.1.1, petitioner has not shown that such is the case 17 here. 18 The third assignment of error is denied. 10As respondent correctly notes, as far as the record shows, petitioner's fear that the Sattler Street Extension will Precede completion of the 109th Aventie intersection with 09W is purer speculative at this point. 1 1 :,lthcugh the findings quoted in the text w�aould be adequate in any event, the level of detail required to support 1egislat ; ve land tse decisions is not as high as is required for quasi - judicial land"'tse decisions. See Voh L'ubk`,n. v. Hood Rived Gcjmtr Or LUBA, CLUB Nos. 91-103 and 91 -103, November 8,, 1991), slip op 9 n 7 tared cases cited therein), • FOURTH AS S I GNN4ENT OF ERROR Tigard Community Development Code (TCDC) 18.164.030(G) requires, in part, that '° [a] as far as practical, streets shall be dedicated and constructed in alignment with e,di sting , streets by continuing the centerline thereof. " Petitioner argues the Sattler Street Extension betwek;n 100th Avenue and 109th Avenae violates this requirement. .n rejecting petitioner's arguments that provisions of TCDC 9 chapter 18.164 were violated by the city's prior decision,, we 10 determined that the standards of TCDC chapter 18.164 are 11 applicable at the time of street construction and d not apply �.2 to comprehensive plan amendments . port L, ;sups -a, slip op 13 ` at 10. Our decision in , ven�drt___1. was not a t � pPealed, and p i therefore may not argue in ,this appeal, that 1. petitioner therefor 15 pr ovisions oo f TCDC cha p ter 18.1 64 are violated by' the city's 16 decision on remand. of Tillamook, 313 Or 148, 156, 17 P2d (1992). 18 The fourth assignment of error is denied 19 FIFTH ASSIG iNENT OF ERROR 20 TCP 1 -224 identifies the 'primary function" of minor. 21 collector and local streets. The stated primary function of ` a 22 minor collector "is to collect and transport traffic "` "is fit frc►m .local 23 neighborhoods orhoods and abutting property out of the neighborhoods to 24 major collectors and arterials." The primary function of . 25 local street "is to provide direct' access to abutting prop lrty 26 and to allow traffic ` movement within eighborh 4oCi:' r Petitiot►er contends the primarY `. ''function; the Suit Extensio,1 will serve more c 3 minor collector t Petitioner also questions tie city engineer' 4 testimony that the expected traffic volumes on the Sattler 5 Street Extension will be approximately, 700 vehicles per day.i2 6 For these reasons, petitioner contends the l City' s designation of 7 the Satter Street Extension as a local street',was in error, and 8 will result in an inadequate street in violation of TCP Policy 9 8,.1.1, quoted and discussed above Ader the third assignment of 10 error. 11 The Community Development Directqar and City Engin /4er 12 testified that they estimate the Settler Street Extension will 13 carry approximately 700 tr ip s per day. The conflicting ev idenco 14 that the Sattler Street Extension mnight actually carry .tore 15 trips per day does not so undermine the ter.itimony o:ti city staff 16 that the city could not reasonably rely on that staff testimony. 17 n7 The Sattler Street Extension will, in at least some 18 respects, perform the function of a minor collectox, . However, 19 it also appear;:} from the record that the Sattler Street 20 Extension will prov aGCey ss to huttin pror, )e,ties and Permit 21 traffic movement within the P i,. , crhood. Whether the Sattler 22 Street Extension s litimAlv function more closely approximates 23 what the TCP describes for a minor collector str set br for 12 he TCP standard for trafL c vo Une ,oh inihor col? e► for streets ;'is SO0 to 3000 vehicles per day. The standard for local streets is ;p.•ti .w ,,500 vehicles pttr' day. tu 1 local street is debatable, and certain' y the' choice beeween there' two designations is within the. city' s discretion. tie see . r ' rd that would. require or erma.t this nothing � in �th.e TCP or eco q� � { Board, to substitut'e. its 5udgment of the proper classification of the Sattler Street Extension. Clark x. Count4,- ;sup'ra: `. the one . `selected hY the city ., Finally, petitioner's arguments that the 'designation of the Battler Street Extension as a ioca;l street. violates TCP Policy 9 8.1., 1 are all predicated on speculation that a roadway built to 0 the e s l i g h l y lower stndards Applicable to local streets nay be 11 inadequate and unsafe in the future We find petitioner 12 nonSpecit"ic speculations in this reg :rd insufficient to question 13 the city's findings that the proposed plan amendments w4.ii 14 result in a safer and more efficient roadway system, consistent 15 with TCP Policy 16 ftIX1 i A4SIGNM3NT OF ERROR 17 The provisions of TCDC 18.3U.130 (A) governing legislative 18 Man amendments require that the P Tannin , commission 19 "formulate a recommendation tb the Cot ncil to approve, to. 2Q approve With modifications car to deny the proposed change,, or to PP .yam\ 21 adopt an alternative * The planning commission made such g P g A 22 a recommendation during n.. s' leading to 'che commenda..on dur�:n the local roceedi • 13petitioner aimply argues that a wider right of way and pavement width may be needed in 4',he future. A local sitreet requires a 50 foot right of . ... of way o.,ot wide pavement; a' min r collector qu right o y ;and 4 0 foot wide Pavenlen g a.. foot way end 34 foot or c street =e sires Page 21 ew ec ion at ° issue,;:in' Tiavene this opinic n, £ollowing our . remand in ° revised fiche proposed lecislative.pl n amendments Those revisions were at least in part, to respond to our remand. The city council adopted the revised plan amendments. wit..out' • ted tear er'' referring them the planning commission first,: ,: Pttitione contends th city council's failure to do so violates'. ; both 8 TCDC 18.30 130(A) and ORS 227,100 14 We, have rejected similar arguments in the context` of a 10 permit decision that was substantially amended °following remand, 11 by this Board and adopted he local governing body without 12 first referring the amended permit to the planning commission 13 for review. , 14 "The [city :mode] dc)es, not require that the city, in 15 considering a deci4ion remanded °1 by LUBA, repeat all 16 the procedure ' followed in rendering the initial 17 decision. We have previously determined that, ab ent 12, code provisions to the ' contrary, local l proced a al 19 requirements that apply in reachi.ng the ini >tlLai 20 decision need not be folowed in local proceedings' 21 following remand unless the remand specif ica ly 22 requires those procedures be followed. n � 23 Coun S �'.1,..3L� e County., 15 Or LUBA. 150, � � �llos2.l_._.��. ...Lan 24 153 -54 (1986); isoli . Ca.nnsaa. .�lch, 8 Or LUBA 25 206, 209 (1983) . In such circumstances, So long c 26 all parties are given an adequate o pportUnsty to o 2 7 comment u p on the modified application pr�A� to a fina l 28 decision -on that applicat 3ori, the local government' 1'4ORS 221? .10G prow .des, in part, as 44,10 41 • ''A 1 * * * plans * * fear * * * laying out * * * and locating streets * * shad. first be submitted to the tcity planning) commission * * * astd a report thereon from, the Edit' pIanrn3.n j) cotmnisson s ecured in writing before 'approval' is c;iv&In by the': proper municipal official," Page UU2` ti failure tooepeat a`; re,,aching the firs reversal ors . re:mar,f .' r LUBA (LUDBA� doe's not e'xplici.tly►ppl an amendment pr(,)ceedings following commission any modifications that . mz 10 planning commission recommendation '.require TCDC 18'.30`.1,30 (A) before the city council" s final decision on .:t plan! amendment . Therefore*, TCDC 18.30.130 (A) was not by the city council's decision on remand.; have some question whother ORS .227•'.100 applies to 15 legislative comprehensive plan amftndments of the nature 16 challenged in this proceeding. ,13.3,,zt sue, ORS 227.091. Even if, it,' V dies, for the same reasons TCDC 18. 0-130 (A►) does not require 'a 18 repeat of the piannlirlg commission ''s initial involvemer' 19 matter following a remand from this Board, ORS ;227.100 does 20 do so. 21 The sixth afssignment of error is denied. 22 The city's decision ® ` R°'chard ^ M .. Wlh1:txn n. 1 Ball,` Jan,-.1. & Novac}c. .2 . 10:1 ''SW Mahn, ,St reet, .Suite 110( .3 Port land, OR 97204 .5 Timothy V. ; Ramis 61 ..iiciael C. Rcbinso'n, .7 O'Donnell, Ramis, et ;8 1727 NW Hoyt Street ..9 F.ortlard, OR 97209 20 21 Steve.L. feiffer P 22 Stool, Rives, ......... t a 23 900 SW ifth, 'Sit Fl = 300 u ..,..:,2..4........':. Ppr' . s,,ti, Oft 97204 25 2 6 27 Dated this 1,lth ■3ay of An: g.t4st 13`92 . 2.d 29 X31 43 . I 3 3 Sa Zwem ,34 f ice ag.er 35 -J • JEFF H. BACHRACH ;MARK L. BUSCH CHARLES E. CORRIGAN* STEPHEN F. CREW CHARLES M. GREEFF W1LIJAM A. MORAiIAN NANCY B. MURRAY MARE, P. O'DONNELL TIMOTHY V. RAMIS SHEILA C. RIDGWAY* MiC IAEI. C. ROIIINSON *" WILLIM1 J. STALOMOIR O'DONNELL, RAMIS, CLEW( % COR1IGA1 A'I'l�ORNEYS AT LAV1► W ac wRICHT BUIIDDAI EIVED PLANNiN�G cA►s ' 0z.03: r�r 20 cE BALIA 181 1727 N.W. Hoyt Street ' Canby, Oregon 97013 AA'' Portland, Oregon 97209; 1992 (503) 2664149 11 TELEPHONE: (503) 222- 4402 FAX: (503) 243.2944 SAES M. CX)LEMAN PLEASE REPLY TO PORT1ND OFFIC E KENNETH M. MUM Special Couns moo A•p.wy.r..i�so...to lI AC71C2 M STAIN Of wAs1M1otnk .•�p;ADM1117so 0 PRAC71Ci IN WISCONSIN June • 1992 Mr. Edurphy City p Tigard P.O. BOx 23397 Tird, OR 97281 rtE: Davenpo. - Cit oo es : ,Sara Dear Ed :, Please find enclosed the Hoard's order on Ma rgr ' s Motion to Conmsol idate and her Record Objection in LUBA No. 92-104. The Board The Petition for Re.'iew from de �Y;,ed Marge' � Motion to Consolidate. remains �e on June 8; 1992. In LUBA No. Marge for LUBA No. 92 -078 rem 92-104, the Board suspended the time for the Petition for Review " . due for unto.]. the Record ob actions is ►settled The new ..u,e date f�a Marge's Petition for Review is June 25, 1992. very truly yours, O'DONNELL„ RAMPS, CREW & COP '�' u�IGAN Michael ' C. Rchin.:Or MCP/ sb Enclosures cc: Pat 'Reilly (w /enclosures) Jerry Offer (w /enclosures) e:\wp50\robinson\tigard\murphyll BEFORE` TRIAD T!G RD y;,LIMITED PARTNERSHIP, and ROSS WOODS, ) Intervenors - Respondent . Petitioner moves to consolidate this appeal with ';Dayenp r� t 22 y�- .'C3.t o ,ig� , (LUBA No. 92-104). The city decision. 23 cha11 aged in LUBA No. 92 -1:>4 is a ,uasi- judicial decision 24 granting development approval for an apartment complex on 25 a ppr ox3mate1y 27 acres. The decision challenged in this appeal 26 (LUBA No. 92-078) is a legis au: ive comprehensive plan amendmen 27 G� .3ngir g the' plan designat' ons for several streets an 28 designating new streets The city objects to consolidation, 29 a number of reasons. r r» 30 it appears that the decisions challenged in LUBA 'Nos a 31 -078 and 92 104 are re ated. Under OAR 661 --10 -0 r5, we may 33 land use decisions." The purpose of our rule :s i oa,: aci i 34 review of closely d decisions. However y �;Lat�e r even as c1cseiy relate 'u' aclear whether scot so.. dat'ion of; these I. ," ��' , I as r n '.;y I v , t� f , r i 'y Y,ru .:I x 'i ad ., ,w• appeal' wouldl fac:.l Gate a ors corn ca te`. xeview hall'enged decisions . fey therefore deity rest to conPsolidtate In her motion to consolidate; petritioner inc1udec a request that the time' for, in her petition f ®r 'review beuspended, Pending our decision on the motion to ` consolidate, , Thant request has . nat accompanied by a, written agreement of ' the parties that. 'the. time for filing the petition for review be suspended, ° as required by AR ired 1- q y C� 6;6 10- 0672 et, ioner s .retest is.. den,,.ed. The °.petition for review is due June S, 1992. Dated this 3rd da �xnc�, Y ',of J' 19.92: Michael A. Holstur Chief Referee ins de reili se =dm ' the date 0'f . t, hall ated this 3rd day ? Marge Davengior t 15100 SW 109th 'Tigard, oft 97224 Timothy V .', `Ramis Michael. ' C . ,obinson O'Donnell, Ramis, r.� ;. 2727' NW ` Royt 'Street Portland, OR 9720' 20 Steven L. Pfeiffer 21 Stoel, Rives, et al. 22 900 SW Fifth, Suite 2300 23 Portl.and, 01 97204 24 25 26 Dated this 3rd day of June, 1992., 27 2 30 31 32 , Zwem]G 33 f s CE's M a 34 gar • oc • M` • JET H. BACHRACH MARK BUSt H CHARLES E. CORRIG N* S1 PHY4 F. CREW CHARLES M. GREEFF WILLIAM A. MONAHAly NMCY B. MURRAY MARK F. O'DONNELL TIMOTHY V. I►.AMIS 8H ILA C. RIDGWAY* MICHAEL C. !tOPIIiSON ** WILLIAM J. ST. AAB R WSO ADMITTED 40 PMCfc/'N Sf'A711 Of WASH DOPON ..Ajgp ALWITIED TO PMCfca M reiscoron ATTORNEYS AT LAW BALLAW to WRIGHT BUIIDING C2.ACKAMAS taOUNTY ©FFICI 1727 N.W., Hoyt "Street 181 N. Grant, Suite 202 'Portland, Oregon *97209 !' Canby,, Oregon 97013 (503) 266-1149 TELEPHONE (503) 222 -4402 ----- FAX: (503) 2439944 JAMES RI. COLEMAN PLEASE REPLY TD'PORT, iw OFFICE KENNETH M. E_IXIMIT' Special Counsel May 29 0 1992 . Eck Murphy Community Development Director City of Tigard 13125 S.W. Hall Boulevard P.C. Box 23397 Tigard, Oregon 97281 Re: paver cart ,pro CttY 6f_ igard.:. L TDA No, 92- 078_.: and 92 -1(1 Dear" `Ed: Enclosed please find the most recent mot ion filed b� Marge Davenport in this matter. Marge is ellee)cing to 'consolidate her two LUBA appeals and ho�ls asked' LUBA �� to put the briefing reaches asdecf decision for g pp r ion on ,, , w on hold until LUBA file Per Petitions of e'..�e the m for cons ®� �.daton 1 plan to ;�an 'objection �to the . motion to mo otiQdiay or tomorrow. I will keep you informed on this. Also enclosed is ,a copy of my re s p onse to Marge,t s Motion to Consolidate.' In addition, the City filed the record in L SA No. 92 -104 last NAY g w faced with L g brief in �hursday� Ma 21st 'large is lib 3�av�in � her and her brief in LUBA - 9th, ANo. 92 104 Ac�one on June done 11th, on June 9th a MMCR /b jc Enclosure mcr \tigatd\900244\Mthrpbiy.Lt1 cc rat RL.ialy (w/enc) Jerry Offer (s /enc) Very truly yours, O'DONNELL, RAMIS, CREW & CORRIGAN Michael c. Robinson ti ENVS C O'DONNELL, RAMIS, CREW & CORRIGAN MAY 27 19 BEFORE THE LANP USE BOARD OF APPEAL OF THE STATE OF OREGON are Davenport, Petitioner '` vs City of Tigard, ) Respondent ) and Triad Tigard Limited Partnership ) Ross Woods ) Intervenors LUBA 92 -078 LUBA No. 92 -078 LUBA No. 92 -104 Petitioner Moves to Consolidate and put 'Record cn Hold Petitioner moves to consolidate LUBA NO. 92 -078 and LUBA No.92 -104 "i''igard City Transportation Plan Amend ent.'i 'd- Triad�.Development, res- pectfully.. 1 Petitioner moves the LUBA Consolidation pro ceedi,n c g� b a aug e both proceedings seek review cf the same or closely related land use decisions. In HtGreer v.Rajneeshpuram, 6 or LUBA 474 (198Z ) w , the decision on consolidation cites "similar records" and "coon q and fact." �� la questions of law 3n I , 11 The fo110 w�ng facts justify c onsolidatio' n thz ma j lr issue both cases is whether the City of Tigard `has complied with Goal 5 and the natural res� urc-s element of the City omprehensive Plan, , and other parts of >IComprehensive Plan. I , MII`I The Traxis .ortatx on Flan Amendment is a nece ssaxY pretorns era on t � Of � � fae that here of the. City s approval he Triad apg i���.on `clue to to th'.: will r.,�t otherwise be adequate access the site r andherefo r the. cases are it ettricablY ! tied together. Le , rec or 8 are 8 I `would be' a waste of +tine and res��>,�urces ' 'to 'brief ,nd j e iI cruse , separatel since the Y �7�,'r�.a� c�ec�:s��ol will have to be rennarcide e° Trans ortatio P � n �, .�.�an effiencimerit enled,, riad Development is the real party of interest in bot VII i ane further r request st that schedule for Petition of Review�; e put on hold 1,tnti1 a decision for Consolidat& is given. Petitioner respectfully:' request LUBA to consolidate the above cases for the reasons given. Respectfully submitted this day of May 26i 1992. ' Marge Davenport Petitioner RTIFICATE OF "'SERVIC iereby certify tk-lat on May 19°29/ Ber.v rue, ccir • , , t) L, the e Motion for Consolidation by ma.f.3. in stamped entct p t irot4y •NT Itamis , 1.1ty,t stret„1,,t , _ *al,, ortlattd, OR 97209 even 1... P..iZeiffer 3toe3., Rives et al 900 SW Fifth, Suit(t. 2300 Portland, OR 97204 a-0v' Marge ,Davenport 15100 SW 109th. Tigard, ()Tit, 97224 (503)656'7 BEFORE ` THE LAND USE 'BOO.L:D OF APPEALS OF w THE STATE. OF ORM%ON ! r l GE DAVENPORT, Petitioner � LUBA Ni , ,92 -0 /8 and i 0 4 1, .r, dI TY of TIGrARD, and iteSpcAndent �... '• g TRIAD-''Tic -RD LIMITED PARTNERSHIP and ROSS WOODS, 7.11 Intervenors-Respondents. ) RESPONDENT'S RESPONSE TO PETITIONER'S MOTION FOR CONSOLIDATION crxrirf 'NS is A iirUP CO": ►;l • THE. A D OF THE WHOLE THEREOF 5 ,jai? Petitioner's motion relies of OAR 661.10 -55 permitting, 3. consolidation of cases before the F5oard if the proct edings seek I4 review of the same or closely related land use d cif ions. 15 15 ReS P oriaerit objects to petitioner's motion .o consolidate. No. 92-078 and 92 --104 are not the same or .1osely related land ..,... 17 LL�BA, N 18 Lase d ecisions. Each rd,ecision ',involves differfAxt rec ord, 19 different meetings, different a pplication, i� ffs ent stancards 20 of approval and different applicant Ny,, 92 0118 is a legislative dedisi amending the Tigard LyUBA ' �- on 21 �r�3n or a��ization was the 22 G r _.. la,t g g omp..ehen,.siv�. ��.�r�. A nezgh or oo P. 2 PP i 8 a cant The Statewide ;'hand us Goals ' and aPP licatIl?� ‘ „ contras.. 24 no.. P reiens ive Plan P o 1 is it es wer e the approval standards _ .. � 25 to petitioner's s assertion in paragraph 2 If her motic x, ooa1 a is d o ! a ro` al ;for, LUBA ' No. 92 -164 +I 2 6 riot, ; a standar PP Paae 1 -- RESPONDENT ' V'_ ,-E TO . Nt T RE,�P" ®�ISk� FETIZ IO MOTION FO_. cO 0LIDAT� ,� ON 41 rA sei tc g 1 LUBA No. 92 -1C 4 is a quasi judicial decision. The applicable 2 standards are found in the Tigard Development Code and the Tigard 3 Comprehensive Plan. 4 The challenget1 challenge; local goverment decisions are not similar and 5 do not involve conmon questions of law and fact. LUBA No. 92 -078 6 is on remand from tig Board involves a limited number of 7 issues identified in the first decision (pAmps t . 8 T.,lgard, Or LUBA (LUBA No. 91 -13.3 and 91 -137, Janua1 y 28, 9 1992). 0 11 Petitioner cites McGree,, v. P'j esh nepux, 6 Or LUBA 474. 12 (1982) to support her motion for consolidation. ?McGareer is not 13 helpful to petitioner. 14cGr involved a city ° s adoption of a 14 comprehensive plan and zoning of land within its boundaries for 15 urban tuxes. The case involved two ordinances adopted on the same 16 day. The city adopted a comprehensive plan and then adopted a 17 development code to implement the plan. Without any discussion, 18 the Board granted the petitioner's n to consolidate those 19 cases. 20 In this case, there is no similar close relationship between 21 the two decis ions. The only connection between the two is that the 22 site development plan approval challenged 1.n LJBA,I No. 1a04 23 requires the comprehensive pI.an einendment ar? rove LUBA A No. 92- g 2° -07i. 24 078. I�awever even if the challen ed decision in LUBA �. 9 �iNi o 25 is remanded to the city t I± does not toot the challenged decision 26 in lima No. 92- -104. tt is likely that the city c +t.ld correct Page 2 RESPONDENT'S . RESPONSE TO MOTION roR CONSOLIDATION. PETITIONER' S' crncaa ii, c i r M x ► w.ii3 1 J whatever errors the Board inight find and once again approve the . comprehensive plan amer�dment. In the meantime, the card could decide LUBA No. 92 -104. If the Board uphoLL6 the locaa nlnlont ' s deci:� ' a o -' n, them the ,iteraenors reseponde over nts : are no further delayed while w a_i.ting for the out come ,, of ' the .decision' in LUBA No. 92 -104„ • Contrary to the petitioner's ' assertion, "it is not - a ! waste ,of time and resou ces to brief and ,argue the cases , separately., noted above, remand alisne will not moot the outcome of LUBA No. 92- � w' 10 not a 11 104. Moreover, because the cases are not tn.e . acne" ar, closelY 12 related, they should be briefed separate1yr However, respondent 3 would agree argue ,t s 2 at the same time if an expanded 1 ld a z ee to ar F, bo��h ca 14 oral aran� is allowed. guvr� � � 15 5. 16 Petitioner's motion also asked the Board to put the schedule �� t Review on hold 17 for the pe�k,i�.�ons for Ravi d until: the Boar cides the 1$ motion for consolidation. 7, Petitioner's Motion'' for �~ - whether petit tioner wans one or both 19 CA171a01. dat1Al2. It �.C' unclear W�1 20 of the Petitions for Review to be gut on hold but, f urposee of 21 this discussion, res p ondeZt assumes Petitioner wi.h es both to 1 e 22 put on hoid. 2, The Board's rules dry not allow the time for submitti; g th G suspended Pending 'a decis 2 �, petition for Review to be sus p ended end ion on a Motion 26 to consolidate: , ee SOAR 661 -10 -030 (1) and OAR 661 -10 -0i 7 Pale, 3 °' 1'1OTTOND P F01 cU SoLIb ,T to s CB, SE TO pETZ It�NBR 'i 1 Ahem": at tat mi Hap. 'weft t 1 event - 1 't the time limit for t s filing of the Petition ' ii.,„•,.---- (:11Thi, ' ' ' thout the' writ en, con 11 ivIrties. l') 0 14iew be-extended ic.... ..' • (L1.1982k No. .90-0080 April °oilier v..1..-VACST....9,t11.111t41.: 9r LUBA ....-____ ., .., 4, 1990) (Motion tO. Contol'i.clate does not 'stay the , timelgrimit for Petition ,‘L Even if t allow 7"' 4 be' 7Pperlded,":. Peti ,the petitioner - . - 7 e n to ci othr thall to here' reaso extra. time Resi)orideiit 'does' not consent to an "extension cif time • ftor filingthe Petitions toi. Review No extension of time is necessary. The Petition for RevieW LUBA No 92-078 is due on June 9th,, while the Petition for Review of LUBA No. 92-104 is data on June lath. in fact, the times , n `whi.ch the Petitions f!or Itev:1,Gs.? are dtat,A are so close together 4 that no briefit would be gained by conselidating these two matters. . 3.5 Peti.tionksr makes this request only for the purpose of delaying the 16 ti.rne to submit her Petitions, fat* Relvrietiv. ' This is unjustified and 17 prejudi.ces the respondent and inter'v'ertc-o*rs-respondents. 18 8. 19 Respondent .'.'eq•ues'frc.s that t Board deny 1.)et,11...t;:,ioner ' s motion , 20 to consolidate and petitioner's request to put the sc'heaules for 21 Petit:Lt./nal of Review on hold larttil the motioa for icc•nscoll.dati.cri is ()tomcat, NM* enw Oasaaa* -TailLeel C. Rob its, r, ,,SB #91QO Of Attorneys neia. for Respondent City f T gird '1' ..„ ereb (:fcrt original onde1t' S 1esponse . onsolidation, together with's) one co' eals, Suite 220, 100 High Streef,'' rit clacie mail. 3, ,DATED this 28th day -of May, 199 By: M chat' C. Robinsioltr'''JSBi '91090 Of Attorneys for Respondent city,of Tigard CERTIFICATE OF ,SERVICE hereby certifY that on May 281 3-%921 1 served a tile arid correct copy of the foregoing. ReFlPoldent s ReSE:'nse tO Petitioner's Motion for Consolie a by first class inail' upon the, f°11°wi-ng persons: „ Marge Davenport 15100 S.1./. 109th Tigard.. OR 97224 ,Steve PrgIffer, Esq. Stoels Rives, 8,01eY, Jones & Gray 900 SW Fifth Avenue Suite 2300 Portland, OR 97204 DATED this 28th day of Maya, 1992. Nt ay: kamosegrow kvbfAmwel C. RobillSon, OSB #91090 , AttortleYs for ResPondettit City oe Tigard BEFORE ; 'THE ` LAiNND USE ,,BO 4 MARrE DAVENPORT, 5 6 Petitioner O 10 CITY OF TIGAY. ∎ , 11 ) ORDER ON 12 Respondent, ) MOTION TO DISMISS D Cr THE ST) TE. OF OitEI APPPEALS., ' ' O'DONNE�L., RAMIS, CREW', &`CORRIGAN APR 21 1992, 3 ) LUBA No. 92 -07; and ) 15 15 TRIAb TIGARD LIMITED PARTNERSHIP SHIP P: 17 and ROSS WOODS, 18 19 ' Intervenors-Respondent. 20 ) 21 Respondent moves to dismiss this appe.al for the following 22 reasons: 23 1. Respondent was not served with 'a copy of the 24 notice, of intent to appeal on or bo fo re the date 25 it was filed with LUSA, 26 The notice z f intent to appeal, does not " include 27 2 the date the decision to be reviewed became final, as 3:e ui,red by OAR 661-10-015(3) (d) 29 30 31 The notice of intent to appeal'. does not include the address and telephone number of petitioner as required by OAR 661-10-015(3) (f) (A) . 32 4.1 The notice of intent to appeal does not include' 33 the correct name ,acid aIdress of the city 34 attonn,:iey. . 35 The certificate of service attached to the 'n ®ti ^e , .of intent 36 to a►ppeal .nd Lcates 'the notice was served on re ondeiit by mail 33 can the same date it was filed with tine Board . This cam�X es 3 i h the Board's re'quirernent; for ser rice.. 39 OMk �r61 -10 -075 (2) The Tema n Page def.�c:e9c.es allege • ' /" 30 31 Diti;:d this 2oth day of April, 1, . 'H:,:BAcRRACU CHARLES E..CORRIGAN* STEPHEN i . cr w Cli*FS *1 GR2 WIWAM A::I►!IONAHAN NANCY% MUIiBAY MARK 1' Q"),ONNEJ. L ''fiNt.OTHY V.'RAMIs Sii!ILAu` . iillITIVAY* 141CI118L C. I c BINSOT! ** WILLIAM ,.L' 5TALNAATA . ATPORNEYS AT Lik W HALLOW `& WRIGl T BUliDING 1729 N.11. Hoyt Street Ana; Oregtht 9a20V, TELEPIHONE: (503) 222 -4402 FAX: • (S03)243-2944 E REPLY W PORTLAND OFFICE" ' . 1.50 AD1671711D 710PMCT1Ca iN Q'TA711 01P Wd) UNQInl1 .14tiO ADMIr1110 TO PRACSICII 1H WLSOONSii Ed ti rphy Community Developmen pity of Tigard 13125 SW Hall :Tigard, OR 97223, Dear Ed:, Enclosed is LuBA s Order on our ourl,MOtion to Disuliss. The Motion Waal denied. However, LUBA granted my .alterative ot.on. !' arge mue4t 'file an amended notice' of intent ! to appeal b y A pril wild.' continue'l'to keep you informed. Very truly yours D nON1RELL1 IS CREW ' & aORRIGAI cc: Jerry erry of f: er Timothy Ramis A, • w STATE "Ot OREGON County of Washington City of Tigard ) 41/ AFFIDAVIT OF MAILING' ss. (Please Perin' hereby . certifY r That I am _ for the City of Tigard, Oregon. That I served notice of th. Tigard Cl y �e�!✓u�GJ{l of which the attached is a copy (Marked Exhibit A) upon each of tie: fo11owir►g named persons on the day of" �, __.. /9.211;._, by mailing to each of them at the addr.ss shown on the attached list (Marked Exhibit 8), said notice is hereto attached, and deposited in the United States Mail on. the day of 19- , postage Prepaid ;��,000q, �,,w °-:� Prepare ENO #.ice �� � ,,� bb no' �-r �'',.. �a. �r aL � S t, ,00•1"c-' m ! Subs o before me this 2.14 day of T� ,fir `, t.�'� , spa r yl �. _ �� b y , r,1*7qq 1 ,r �I° - yr ?0, dam ..l"1`'r`kY� er4:E /feritelo0 Subscribed and o't ry Public of Oregon. My Commission Expires: Mailed Notices /Delivered to Post'. Office ,r worn to before me this day of ,.� 192 OFFICIAL • OFFICI AL SEAL DIANE M. JEDER KS 'NOTARY PUBLUC,O EGO N CO1iiiPJiSSiON o003977 1/1 M14 Oti M1881 61 EXPIRES.$0t,, i', 10g5 h :MOO ri‘Othy\afofmai L' r 1 1 Notary Public bf gen My Commission Expires: • • i-- J CITY OF TIGARD Waehl,ngton Count+, Oregon NOTICE OF F :1tNAL ORDER BY CITY f"'OUNCIL Concerning Case Number(s): CPA 91.0092 Name of Owner: NA Name of Applicant: Ne nine Oraanizat, _: f.�ahborhood Flan ion��6 (NPO � • Address NA City T3.exard State OR Zip 6. • Address of Property: ` NA lawnwroorgoram Tax Map and Lot No(rs) .: ha 7S1 1OAD 2S1.10DB, 2S1 10DA.. 281 10Dh. 2S1 10DC 2S1 11CB and , 2S1 1196. Request: A g., test for w Copm� rehens ve Plan TrarlEmrtaltpvn I . w t from a � j e the des • nation of Naeve Scree a�i nor Amendment' to chap • minor colle yor to a local street and by add3 na collector cannection free 109th _ Avenue at Murdock Stee' to P'acific'' Miexhway opr�o ®ices a�1'c,• Parkway gnd a_ local street Drive. APPLICABLE REVIEW CRITERIA: Statewide view ion between 100Th and 109th Avenues north of Hood view '�" de Plannn�� _GAal® 11-2A—EA-9-1 Econos�io Im alementation ' Strat 19 and 12 ; Tiaard. Comprehensive Plan o..icics" 1.11.1 a. 2.1.1 8.1.1 and 8.1.2. Community Development ode �ectione related to 3egislativ e � lan andnents. Action: Approval as requested Approval with conditions' Denial Otd. 110- qa--Or2 Notice: Notice was published in the newspaper, gated at City Sall, and mailed to: x The applicant and owner(a) X Owners' �f record within the required distance X The affected Neivhborhood Planning Organization X Affected goverflin ntal agencies Final Decision: THE DECISION wp_ SIGNED ON BECOMES EFFECTIVE oN 11. :A T. The adopted findings of fact,, decision, and statement of 'Conditions can be obtained from the planning Department, Tigard City Ball, 13125 SW Halls; P.O. Box 23397, Tigard. Oregon 97223. A review of this decision unay be obtained . by filing a notice of intent kith the Oregon Land Use Board cf Appeals ;` (LUBA) according to their p':ccedures Recorder at 639'- 4171. ei Lit'y QUESTIONS: I f' you have any questions. g Y ions, p ease call the Ti.. A„ • • J� tu .1" CITY OF TIGARD, OREGON ORDINANCE NO. 92 - Dom;. AN ORDINANCE af► .i QRDIMJANCE 91 -22 AND APPROVING AN AMENDMENT TO TUE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING 2,Z DESIGNATION OF NAEVE STREET MK MINOR COLLECTOR TO LOCAL ArD BY T/ DING A MINOR COLLECTOR CONNECTION( S ] FROM 1109TH AVENUE AT MU DOCK STREET TO PACIFIC ,HIGHWAY OPPOSITE ROYALTY PARKWAY AND A, LOCAL S�'REQ ��EC"�N_ %��y REQUESTED H � NPO 6 . h' TWEEN 100TH AND 0 AVENUES NORTH OF HOODVIEW DRIVE E AND DECLARING AN EMERGENCY (CPA 91-0002) q Comprehensive Transportation Map as WHEREAS, the request is 'to amend the Com rebems�.ve Plan follows 1) Change the designation of Naeve Street from minor collector to local. 2) Add' an extension of 109th Avenue between Murdock Street and Pacific Highway and designate 109th Avenue between Canterbury Lane and Pacific Highway as a minor collector. minor collector Add a collector] connection between 100th and 109th local street [ Avenues at a location north of Hoodview Drive, WHEREAS , on De Berber 17, 1990 the City Council authorized :APO #6 to initiate consideration of a Comprehensive Plan amendment focused on transportation issues in the area of 109th Avenue and Naeve Street. WHEREAS NPO #6 has developed a proposal to address traffic concerns in the Little Bull Mountain area. WtERE�S the Planning Commission l 91-0002 proposal at its regular meeting on July re ommend [ s ] e �aPproval axedal so recommend[s]ed deleting the last sentence of note 10. WHEREAS, _ the City Council ado ted Ordinance 91222 on August T3. 1991. apFrfiivin CPA 91,0002 WHEP YAS the Comps ee ensive Plan ransportation Mar affiendment was sue ed tto the_ Oregon Land Use 3oard o£ Apyeals (CUBA) LUgA 1Vo'+ .. 91 -13'3 and; 91� 3 . WHEREAS., LUBA remanded e decision to the C for reconsider ton air. nua 28.. - 1992, NOW THEREFORE, THE GIIY OF TIGARD ORDAINS AS FOLLOWS SECTION .1.: The proposal is consistent with all relevant critetia es noted below: The relevant are Statewide R .." .g pi criteria ir;i this case la*'►ni�,.k Goals 1 Economic Imp ementation.; Strateg 19. 12, and Tigard Comprehensive,, -.an policies 1. 1 a 2.1.1 [and] S.1,1. 8.1.2i. and applicable Community Development Code sections related to legislative plan amendmentg The proposal is consistent with the applicable Statewide' Goals based on the following findings, 1. Goal 1, Citizen Involvement, is met because the City "has an adapted citizen involveflent Program which includes review of land use appLLcations by ORDINANCE No 92 -� • . ta- 0., neighborh.00d plan g organizations; . "; Tn addition, is `I proposal has beer. reviewed in public : hearings by .:th.la Planning . Commission ante by ` the City Council for which the public has been properly notified,. met because the City has a lied all re 7- ':vent • Goal 2, .Land. Use Planning, is m pp Statewide Planning Goals, City Comprehensive Plan policies, and,'Communi-y ,Development` Code requirements in the review dry this proposal. _ fin„ addition,. a lained with reference to Comprehensive an'nolicy 5:1.2 the Gam' has'' coordinated its tan with he p1 tns of potentia?'y iaffectg, governmen tun` is b ci�.iciting from those governmental its cammen s � e' ro osed amendme t as d con d r n ' a co �� �� ors is • eceived, Goal 5 , 'Open Spaens Scenicand ' s Historic Areas, n and Natural Reso"�cces s met because .,.,u Persua t to the requiremei rs of Statew ft 'lp..nn3 ng Goal '5, • thy. city_o, f Tigard has nventoried Goal 5 resources L siesi ated in its h_.. Plan `toe , aoa�. 5 resources that t has 'g:ermi��ed to be, Comprehensive i'la icant .omprehi�nsiye Plan Vol T •e . 94- 1Oy . '� Thy Cit s gar,z,reitensittlts Goal Li rovisions were acknow1ed &ed by the Land Conservat 'n andLavelo mint Commission au October 11. 1984. b e �` d Goal 5 j esource ew ithin the v ein t- _. s. that are w There are two des__.:..�w: of the streets that are t e . sub tct of the proposed comprehensive .plan amendment the L the 31, t ., ou stain . L ?atura]. Forest nd the Kal1s t Fir Grove rp„ („aerial vhote► gtph._ : Exb.bii: _ Al 9'he recise locations of these re urces, were cotftermed by tbe�citX' s nlannin� stsft.11v, comparing the descriptions of the resouimed in the compreherse�.r. with aeria]. photos 7a hs and observat i ris from t to ,-,round. No other desi.;mated Goal 5 resources ar. e,potfmt (1.11y affected b propossl. The "summit of Little gull Mountain" is ` mentioned as a "s ecial area" and an area of. scenic value in the, city's natural _Features and Open S p _ (See Comprehensive Plan 42 The summit . area of '�i.ttle Bull. Mountain , ace �;omr. ehens ive Plan P�e s�,rt . however ` was not identif fad as a significant Goal __5 respurce, .. with the exception of thosei:esources included n the designation of the Little Bull Mountain Natural Forest Therefore. Goal 5 is not applicable to the ,� �`.,Moreoveruraevena were Goal en Seacea1Con � reheno, ivef Plan summit u�rt .pa in th�nat sl S Space p is no credibl4e evidence that any of the asserted Goa 5 esources of the summit of Little eBull Mountain would be adversely affected by the =posed plan amendment ;• ;The Comprehensive : Plan id enti f iea the Little .. Bull tlovntain . Natural sorest: as _ an area of mature coniferous trees on : the west side of Little .Bull Mountain. Com prehensive 1; P. 96;)' T'he gn ed to be "an forest.. was designated as a Goal 5 because was determined a , g a n� c site." (Id. The Comprehensive Plan ex lain s that the value of the d s tp stems from the . visual landmart� provided bT the .:large. :stand of mature. `coniferous . trees : at an elevated location within. the. City...,i.. • The proposed comprehensive plan amendrrients ao no adversely affect _ the Little Bull Nounts.in Natural Forest. The forest .located on the west .. side .,Li t 1e , ull unt its . As shown. b ., Exhibit A _and th6 relevant cJlanning .:.maps and the documents desci.ibing. the proposed s treei' ` ti P _.p s cal S . t. c��ni-�ectiott bettaeeti iO9th �� al t � � en . the ro e..ec% to tree ORDINANCE No. n2 4 Avenue and. 1 h gn. J..es a itire Mountain,. Thus . the Proraosed co nection w4 ld not tray *e] th. rougk* the forest or impact the , integ;,ri r3a� o thA. fa�$t . ,,�!Ior�vexs - because the forest is elevated. because oL a op- ugrapby of the area. because the 1°N-1–relief of t e cou,neet , on = . • e - ` _ trees wi?-. , be removed, the connection » 41d not interfere' .y , en scenic: vL ys of the fgrE : Smilaa•ly, as shown by the z.elevant nl�l�.ng maps and the documents describing - tt,epranosed' strslatAL,1 !.!fie , _ a o • r �d ex e _ -.n - l realignment_ of 109th. k ;,; e e t elv to_the.sast and south of the forest. Mo. eov er.at its %iorthex end in the vic ut tv of the fores . t ^ th_ e..g0 ^s' cation of 109th 1�ivenue,R. s within its exis wa T► :, the e e en is o d sal t wou oft v t u e forest Cox ..otherwise impact the eharacrerL..o. the forest. And�agrw:.i .. because ,p f. to'o _ a•h an t - low el e . o t de st Ceet £acil f,t s construc4ed a.s a resu] of the exte exta:nded �- 31S and reali ned street wo d 'nc _ M g in erfere w n ree ic v e s watt, oP forest. For Ike same _moons. a a c ange in t ra f , l of t re + vo ? street reclassificat�an. lame caused by the pxop��sal. inc,�dixa�g, would not interfere with th views at the forest tt e u ..tal `'d as roe ' . f The little ce solely for the „scenic ; values ,pror` de). b Bul ounta l�atur � 1 Fo est s de�� . �arrr resour y — by the mature; _t the oxest The ane arts relative smarm coniferous. trees wijth3.�- 1 � � `.rest i � �� E9 __e - w and isolated: is adjacent to a. aio and is surrounded byextensive urban areas that the Comprehensive Play has designated for zn�ore intensive development in the <furre, The Little Bull Mountain Natural Forest is not designated as a sivificant wild ife habitat arr a a nd kitin the fo et .•w foun��i to be limited to small birds and animals (Comp ehensive Plan. Vol.. : The Kallstrom Fir Grove is a row of mature Dou `as fir trtkes oc .ed ada c � n en existing re:identi al The grove is des gted"a s3 i , t Visual and Natural resource " Gom rehensive Plan , Vol;. 1, p1'6 .. hese resovir�ces e m t t o visual landmark provided b 3_the_Dcoa trees,. which ardescribe d as "the only major stand, of Douglas Firs orb the south z a ittle Bull .Mountain,." The _ 121..1 -• potential conflict that *che P an ideas I.f ies with surrounding lam). rises is the ossibility that .themes might he cut down to make way for futu e development. (Ida t;4 The ro osed om •re ensive leas steeps• ern cou,'.=1 an13t have as .acversn effect: -_ .on the scenic and n if "�r000s w annec.t'on between 109th . Avenue x prove the, �y ed east-west cQzuralwalues of the Kalls� a�n Fi and . 1f�Oth� Avenue required the trees to be ._.2.13_.t down or otherwise dama ,„the trees, J. 2hoto ph ' and „by estimoii L at e .__. semi, � A on hearing, t ees . shown o , , would uar'al,le t`to proposed cotiinection A1thou h the pro os trees i h �, the r .fie is an east- west::. raw. � ed an a.�a went does. .._.._ �p � . y the _precise ,�.. g_- _.'..� P p � ion ��chili,its :A not s.. ecif the ecise location of the fiutu�rge . connection. and C. as well . as , ten Limon hear n demo strate;....that .tl�e future connection .±U�Ll1 lie .'within an a at the . e�ntire?y _,Si►utside,��g...gro�re and . that the f utv co nec ' re „, Ei` � tx.on can , be ���ated so aG , mot e cutt .n or, da naei.ng t - th} e G rove... There , .:'DD ; � ro om . _. , , a ace e �oQ osed..;nnection ., to several hundr d tset f xom ti e grOV ”! . and , at �+ sufficient dis tafice to prevents. dama„g to ft_,anrel er+en •� the .:trees ±�r a th thei o c ', . value_, No . �ctaer . star o 1 d� connect o i. with theu.r. s �enic val would. constrain the Location ,£, the ro e i � •�l.thgn 'the INitiN0g ?� 9- .'4 . area designat "Ina even if . "ttontrar to . hese find s, the • t s amendments to the transportation . F' were in conflict with the T4ttie Bull Mountain Natural. Fore.ss ; , *he i Kall.strori ova the conflict 'wot 1d have been ark icipated ant psolved by exist provisions of the Gomprehens.vei Plan. �►1,,„e areas included! in the Little' Bull Aountain Natu;Gal Forest anc tree Kallstrom 1 it croye ° are de$igtnated by the Comprehensive Plan far uture rpsideniial deyeti„q„p ant. 2'he 1'lan''s Goal 5 analysis notes that future develovent ► �crz d onflicts w th these ` des¢nated, Goal '5 re zoux- oihprehe' ve F,,,,�.an;L Vole, . ces, (see C 1, . p Ri ....._. _ �].aows • 96 -97 'lflf -:ZU7) and rest �lve a confl ct:s.s f "The significant wooded areas tire identified a, „d mapped. T ie,,,,,policv;_;�L P' 'it r' s cone re',iensive' plan is that tb�se areas wi.l i be Eregsrved in a natur.,a1 state _as %uch as plIssible, or integrated into .. d4 <aelopment,;,, ' t, a dPsi of an e P az kin g lot island. building setbacks street ri '.thcs - o 2-_aa ..l1d landscaping areas - whenever possilMle, If it is N• necessari to remove a noiction o all of the trees , the replace t landscape features 1 be sub ect to approval by the app 1 icekll.e ,approya"1 authority . ' "(coo rehens ive P3arx„L Vol. The Plan expr ssl xequires that "de clement pmposals ix, d4rsignated timbered or urea_ a •eas be reviewed through .the planned development process to minimize tlhe ,. number of trees removed " (Pan Pol .ct 3,4.2 . b__,a j= MorRiover even with r., spet.t to develop�nexIt puposals that are not in d siznated timber or L ree real , the Tigard Community Development Code _.';DC) ,q developments and major modifications of ._.. s_xisting�,developments to undergo o tedevelopment review See TCDC 18.120 180.A.1.1. Thesel pro.Tisions require ,_among other thugs that che_ trree removal be necessar and that the the eared oval will nit adv. ,r� sal affect the aesthetic cha _ . See ?'CDC 18.150.030.A. ' acknowledged Comprehensive Plan t lr re development n is p a k The City s that _development and :tn_ particular residential d associated roadways m aY create conflicts with the . des ;,grated Goal 5 resources L, i , the Li t�,e Bull Mountain natural Area and the Ka`L1strom Pir Grove. Following the r'eguired.. Goal 5 analysis, however Lt he Pian . ch ose not to a1bL solq utel�r otect these resources but t o conditionally, protec t g �_ g� d development proposals tc.ensure that the number of tee lost throug h development was minimized. for, these o n if. : contrar,r to t<'±ie f i1 a5 resour e� the a �stnd P reasons, eve pose amendment adversely affected desi aged .Goal g Comprehensive °Plan has ant' Plan. awl '.CCDI, . rovi�sz:ons . ,� a resolved any such conflicts through the a.te�.� and latin tree.re Goal ,..9 Economic Develomnt, Imolementatiurt 3�7.19te ;;, 1'9 is o tssfied because a.. The plan provide _„a'Ltern,atsve. and enhanced access for comme4+ '-cia1 pro P er ies slop g the east side of 99V sdl th Naaeve S tree t ORDINANCE Nb. 92- • y C. Jt� Cur -ent_ly cA rQ ep rti, x,,, ' hich are t only commercial or Indust dial areas dire qtly affected by �}e fllan amendment: have ur.s ii- =ed access to 99W, The Oregon ewittment of Transportatimh' s NoticX, is to restrict direct access to 9W fr* individual properties. Under' L-he plan th.. properties an ,be, developed with access to 99W via __�� the realignment and ear tended 109th Aleinue . wh3.ch will', make use eyis 17g signalized intent faction at 9aj and Rva t,�r Parka. The 07,e on Department of .TraService ,flistric,t have been otified of _ the °pr�c, ,used adten ent mnd have'' the a�, had oegortuni.ty to provide input No r;oaments were :'received fro the Metropolitan Service Districts or. the .Oregon Department of Tr'anspo tati,r�n tODOIL DQT had ev ous].y c ®ntr bated, i ow�cver. by aSsistirq . the City 1,, ng eviewi vaXious access opsions in this area,,, Yrx act Q T staff 9 j ginally suggested that t h e Cit ex Q the opt•,,[pn of ;provi4jpg, jccess to 99W' at' the existing signalized intersection with Ro tcy Parlcc�e 5ii�s s u estion was ultimately incorporated into the proposed amen nt 5[31 Goal. 12, Transportation, 1.s mot because' the City has adopted policies re! „ated to improving the transportation network and continuing coordination of rthermore . the transportation Goa l is met for easons discussed in� conjunction agencies. with Economic Irple tat mer. tion Strategy Policv _8 ,1 .1, The pr!oposa1 is consistent with the City's acknowledged Comprehensive P on the following findings 1. Policy because the proposed o 'amendment to the J a: is satisfied becau' Comprehensive Pint will not affect compliance of the acknowledged Plan with the Statewide Goals. an based Policy' 2.1.1 is satisfied because Neighborhood Planning Organization #6 and #3 have been notified of the hearing and have commented on the proposal and a public notice has been published including the date, time aid place 1:3. the hearing. Policy 8.1.1 is satisfied because the proposed amendments to the Comprehensive Plan Transportation Map plan for a safe and !Etta icient 'street and roadway system that meets current attd future needs A sa a fe nd efficient .transportation system is prov1des', because The proposed amendment provides .for. cuit'xent needs. a d3.s also plated to accommodate;traffic rowth _,anti' aced s.s a' result of _.'future d.eve p ,�,,s ._.w the plan amendmer►t th,e .NPO lc� went in the ,�, { es. In ', dewe�.op�.ne 4. ,r,�, ., -:' p Rj i 1 development ©f the ar to : in aecoi et with existing zoning.,aspY' tul , u on n n tir . Y b r . �rovs.des. for access :. to iA�+a arterial . trees . s stem for both' �_� �K '� �� lation The and futu�,�;,- .develc� meet >. It also tovzdes for. circa within g �. ;,M . : _ r erial '.street s stein the nei hborhuod ��:�i:ntout i..,x�� the ,arterial 4 :. The ..:.plan was coordinated with the Fire District .and .. 'the .. Police Department to asstire : tl th..__ vlalr� o�rovides... ade 'u` M t cy atel� for emer ' e `pen c ,Tess routcz, ie plan e1tminates . the need for loft- tu s' at, the exist inte :sect on . of .. Nae Street:: , and., ,M a ...reduc n the . �hc.:a 39W'. .there '� g_..,_._. ORDINANCE No . 92 N. • CO) gle MEM w -J b safe y corm�E xs associaaeed with he une ,gna;l.ized iota. _-section '' e14iie. P 2)m. also O11M pates the future need for ',a tX,I,affic, si n„ on 991 a.t Nave Street Reduction in the neod for ss.g a iz d inter: ect; o;tg _r�r� 9`9�w'• is consistent witkt OAOT's sta lords ,for improy.thg and rotecting theAfficient movement► of` txaffic on. W as an Acre, °mon Highway. e . Oty:her . )orations were ex lo x_e_ci , in .coordination, ,•the OregQf art ent f Tran!gp cress xotlg the' studgea to � '4 n (OIbOT) fo opt io 9 '' G�Tkt�e�to a tPa y aon ection shown i�3' the planes►hich was on inal�. sug e_ste y OT�OT. and blob; ]. �$dy a aignailzed j.atterseetion wears to have the fec�rest ca, tic safety., and traff c operations 'conzns of all available loca i•oi�,, f... Coiiceras Vete expresser) at the hear3n rc?gardi ne thta suitabi�! ity of soils. along' the R armed street routes. The Cot�rehns ye an desig Cates this area fog Iicesidential devpa,_,pn�ent. nclu„ ing , serve the dezTe? Qpment. rehensiv e Plan does no gent' the • the soils of .hips rea are nc affable of 0u opt ngsoadwayg_Int SO d for residential t, sffic because of soils.,.'lgpe$ oy: other co dit, ;�,�, 'The not finthat Ale. a ex ert to tim on or do dame n c� a n ce - � a�k� rwahn3tceh d waer�rd e cu o insculpupdoei�, s t etd h bay t the propose _s id° ms en t be proposed p an amen Moreovec.r o nr rt �-co:► ncerns arar e raddadnrcee ws sed it ah t thie e develo menu',, sta�e�th ;ota h the ,e psi 're street.stanaards of the_coffi rahe p,1an and) commute 'deve1 pment . code . The elan trovides alterative access for ccmmercialpres a1o4 the east side of 99W south of Naeve Street :Which '1;resentl, , itva access only ". o 99W. ..R.eduction in the need for direct dri��ew�}�r c .eas ,t � 99W ' g -'-- hwa. �.s consistent w�.th ODOT s standards for im roviti � n and rot ect.in the efficient ;-movemen _ of traffic o 99W as an Access Oregon i�ig y h The plan reduces the potential for throw h tra.fite, . in existin, .residential di: hbOrhoods ans ortation oes_ riot address the scchee ule for construction The Tr 3.m rovemt.nts., ndicated on. the .ma Tmnlement F ati�n._ wild, of the various v r ^ ._ " ' he ue end on:. where e and � when land � de P F �� �"� ,Off. - s i" availability of public funding for capital „ m rovements : ate elo meet occu s nd on t P the development review process -fore land deyelo meet iu�:rer.L cts a d ppropr3 ate :cond���io,, ns of T ct: Public development are ordered for each proie view aynd appeal ses have been �` y � = _ .. xe +p , proces een estab1 tshed. as Oart of the develo meet, review process, �. ,�I yH -own 31 b sell. on recoC: ect�saroe es hedtannuall city: by the. c1 es es y � ,�' mmendatLo � " f tee an i .. the . Ti ansport thion. Advisory Committee . . the Buo. "`e the Cow' � r xesented ;. that the Thee M+�reover. ncil :.� finds From the evidence v ed. ro osed . lap a�eidme enerate tioncerns are unwa. � rant ,�.._p � � time n it Briar l i "chin; the area:.._ : .sea. , reroutes . traff 3 c within �1 'a ew traffic.. fl proposed futi. ,se co ilt ept.1 between 100th and 109th iii .: provide a:r1 additional _;rout:. parallel �. ddy� th at .. w�uuld' . ot-herwise ►xse local s�: ��. � ��nnec_t - teats that al read or. are, planned. ._..: ,� e� ►st �tr a too .r-r, nnect 1LOOth and .109th. Similarly the ext si and....real.igtinent o% i0�' will. _ redirect..__. traffic .crom and planned . res� dential .. :.deVe pt pi e�. *eloncnents i along ...109th away. bfrOti. .:, vd�a„y�etit , residential . ne'j hb 991,, . ,,,L orheod,E ;and .onto OIthIIANCE Igo:. 92 -(Y ' 0. pind_•L i gs fora low,,, street connection between 109 .00th M future development occurs within fire study area. ,an a dd5 i o a street connection i,s needed between 100 Ave ue and 3.09th; Avenue to c a. acts o.�' - t lat residential streets. �c ! pxaj ected . traff is vole of the �aroposed st e'{ tk�e _iddl . of the range for local streke aL Lj bac . documents o t ra Come a ens ve ]� 1 i f.,l00' ci. ro ected. ran a ,,. .0 t �' o �5 r "�i� � � ��� _ � � 00 tr ps 'per `'dax) . -�..Th� cpnngation is intended only to' re "Leye traffic 9° local streets . The ,propos'ec%stret conneion wl" introduce additional tra£f is within the area. cSt is in as suggested ..by the „,_vehicle tr_ �tps_per ,ro, asec� st�:eet �ggs on. aa, acenu' st.,generate or .. s iojni on the plan is the ooniy location ava able �'Ea�e_;eneral acati, on us.na undeveloped properties, yo minimi a traffic safet a+c . of at ons coocern a on S.W. .100th Ammo., tjlacilx_siminftpx_hatzt_EsspAperided that the i.xu;,.,ersectan of t new street with.. 100th Aver, m,.be aligned with existtipg Settler 'S,treet or alternatively. that thej,ntersection be locatrea r, east: 100 feet from the existin intersection with Sattr StreetL 4 Po icy 5.1 .2 is satisfied because a. The cDre on �, g Washington County were notified £ the pr�onosed Co ' . Denart�e.; ; nt 0� Trausm re ensive and aas Tx sportation Map. Amendment Ln June 1991. The `ttty rec eiye t d ro forue. = res „se `nom eihr' a e tai ` 5 area of the C +xnty' s policy is no'L to commenit on strF et .�►�.... �� r i Tt1.e Ci •ro ever. hasp worked with ODOT , ' a ,_, .� amendment .th ODOT' s standards and slid s for Hi 1hwa 99e I ao n d 13.bi;�rat ons or` a d vela meet . ODOT r tg to g � th Iiighway nom near Be , Bend _Road to the oenistine si nal l ed i in the. vicinity. Ro: al t Parkwa The 'Metro o1itan . Ser4vice Dist: , ct was also c ofytbe ro . s d amendn.e +� P The director of th Fktr�s Trans , ortation fle, artment has , r u n l esvo ade+.d bX tee epho le that Metro .is concerned with issues of rPQ Tonal si ttIcance and since thin amendment 'involves only Minor collectors Diet 'has r..:y ob'ectio'�n g City `as reviewed t , plan ... amendment and bas notified the City that it supports the arerdmeit F,CIC N . Cer ca tn procedural ob j ectio were raised a t "the M 4rch ,10 hearing.„ First there t ns an objection . that . the „proposed p+ a.a.„ , amendoent had been reviled;, followi�nhe remand from I,uMA , and that rev 3ed r� oposail are required to be reviewed by .the Plan;riin ¢,,Co>nm3.s ��,tE pr ar Toart by ., tt,,.o.jectito r,,Undr, to 2:�tion b the Council The.. Council`:.dene� this ob t�,�„�, e s . Commun ;ty Development Co 30.130: �, .the Counc�il..has, the authority. to ado t .modifications to 1.e li item . p� � � „�' , .g: slat- ye pro o5a�, f v _ - � � by the- Planning .Commis o ver the ob _Lb did not srec yin s ion N,t reo j, what va.Av . the . objector was prejudiced by any .'.failuire -to . re and the . play amendment : to the lanni"ng . coflth i s on . Seco d there was an .ob .ection 'that .inade date 'notice was.. .provide. o£ chap p plan dare, t ,, and of tie ..tna showing g n .the . r,�a Deed .. 1an vnen nated Goal 5 resources... The .:Cosh' j. denies yth3 s o i io'n,, The ORDINANCE No. 4 Council' find .ab .a ood' faith: atte a s mac o no erigons entitled: ,tc . notice . irs addition, he •Coi#Icil „','::4:00:111411.*:,':;,, ds, t at >: thy. obj'.ector was no .if ed no ll;a�ter: than.,:F�ebtugit 25 of the 'charges iri' trip ” p oposed, ',,plan, pmendmei t: follotawirig : the remand': from ,4;ILUBA'e FurtherMore ;4, . the .ob eector ;:did ''not speci ins.. what, res : ec;t. it;. was: 'te' udiced . b any inadequate notice `or , otherwise" justify the r e ,.{ a• ccjntinuance . V` " „ :, ' ,. . . .SECTION 3: The City Couzicil l ereby amends ;the Comprehensive Pfl'ara Transport ation rap by,1) designating Naeve 'Street a', local street, 2): establishing ai,, new ieza,;-dnsion for 1 09th: Avenue from, its ,current ‘ terminus ,',.'south of Murdock 'Street ,to Pacific Highway; the extension would curve. across the south,' slope of ,Litt °' Bull , iMoulitain,',, crossing Naeve : Street 'west ..of The Fountains. condominiums aa%' aneeting Pacific Highway opposite the existing intersection of Royalty' flarkway, 3) designating '1°9th Avenue as a miner ' collector 'between..Ca iterbury Lane ;and Pacific Highway, [andj' 4) establishing' a local (new mind; aollector) street, 7,,,;.o connect between:lOdth and 109th.Ave:nue eat a location north, of Hoodv .ev .Drive ' . a g �` aF' .Y �.. _ftd` as shown in ad , . e v ' .a sns ort e +To•`•es 9 'Exhibit "[B C" • S,,,ECTI N 4: An emergency is hereby declared to exit inasmuch as it is necessary for the health, safety' and welfare of the City that this ordinance be enacted a soon as possible; ti erefore,' th;.s .ordinance shall become effective upon its signing by appropriate authority. PASSED: By tilt Y. &J vote of all Council members present after being read by number and title only4 this day of 1992. a L!J.r a . `erine Wheatley, City Reco . e' APPROVED: This day of Lt, '�a�c;; , 1992 Ap.roved as to fo ®s 'mar Attoral s jJ4 ,A1 Count, I, Pius ideat - CPA91 =U2 MRD' 0 INANCE', No 92- ( / LEGIBILITY STRIP fitrinrlta't 001 Ct14 sc cdlr; 'p•J i 6.Er to x`f-I . i ;_ - rt 'piu!YJ;PI$P t6• -QA 1 t;b;i:l d.J,O IY:F 101410- 0:1,111341 1:00-811-1.140- 0111 Pun' rt. �SpU:r:$IJ aq> iii. '' t cJr1 pckipsilid; or* ' 14w ,444,14 . 'O`J.Q:Lti -g, UST/ Wi't5 B -�i5: 24i4Stlt4'I[9I *It(' 7041-14“ttrtVan -P4'541 L. L11:T pqt. .4 0'1444" nilii I — ,Ii`ijdi`J dew. t i:?• t to:1 1aa- mo COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES ;1.' Soholls Ferry Road to be realigned to connect with Davies Road. the A elnut 132nd Study area determine a future connection / intersection' and the Gearde /12 st intersection. A major collector extension e. Oaarde Street has been recommended by the Northeast Bull /fountain Transportation Study Report. An indirect onnectian of minor collectors has been recommended by NPO #3. • Approximate alignments are- shown for the extensions" of 1132nd Avenue south of Benchview Terrace, 135th Avenue south oI Wainut Strut, aid Benchview Terrace west of 132nd Avenue. The se greets are to ba designed. as minor collectors with a design speed of 25 m.p.h.. Study area to determine the configuration n of a new connection between southbound Pacific Highway and Malin Street yw Study area to determine the alignment of a miner collector swat pomading—, 68th Parkway near Red Rock Creek with the Dartmouth Sheet extension; and- ti with Ha nc. ton Street at 72nd Avenue With the Dartmouth Street extension within the wester& potion of the Tigard Triangle. Study area to determine the alignment of connedions:*tween Highway 217, Kruse Way, 9 -5 and the Tigard Triangle. ' i Hall Boulevard at O'Mara Street Connections between Hunz�ker Street, (generally) and Bonita Road: y i r a. Study area to consider extension. of Hall Boulevard southward to connect with Boones Ferry Road in Tualatang pede iarLor xehu elan access (Deleted) .�. r K , w •r. h.w 10. n of Sather 100th Avenue to 109th Avenue intersecting An. extension er Street frog ��+ Battier 200 feet north of the existing 100th Avenue at a point approximately Street intersection: An extension and realignment of :109th 'Avenue ,�c .outh of the attler :Street extension; to intersect Pacific' Highway rat • Royalty Parkway The tA=} realigned 1 09th e Street at a point a roximately 1i Avenue shall .intersect Ov� J p PP . ,, .��, � cam.. r. o .. ttler„Street r� The design of the Sa , , , 250 feet to 450 feet east of Pacific Highway., extension may vary from the adopted City standards for minor collectors:"�,u; MP109 9S '.PE CAl�lTR'U MURDOCI /// • `COMPREHENSIVE; PLAN TRANSPORTATION MAP NOTE • Scholis Ferry Road to be realigned to connect with Davies Road. =.- I Study area to determine ermine a future crnn�ctron.betwe en the Nalntt/ 1�2 n d � • ._ intersectio o .�d1d the Garde /121 st intersection. A major collector extension' of Garde Street has bean recommended by the Northeast Bull Mountain rans ottatior l ,Stud Report, ' An ,indirept�.connection. ;QL minor. collectors has T p _. been recommended i y NPO • e.ensions of 1 32nd Avenuesou►h shown for the Approximate alignments are she of Benchview'Terrace, 135th Avenue south of Vlialnuf Streit,, and Benchview... Terrace west of 132nd Avenue: These streets ars ta" be designed as minor collectors with a design speed of 25 m.p.h.. ' P • Study area to determine the configurationv o,f a new connection i tween southbound Pacific Highway and Main 'Street. Study area. to determine the ta ign�r,nent of a minor collector street connecting 68th Park�iay near Red Rock Creek with the D tttmouth Street extension; and with Hampton Street at 72nd Avenue viiti..the Dartmouth ° Street-extension within the westerly portionl of the Tigard Triangle. r!w'+ Study area to dete Thine the alignment okonnections between Highway 217, Kruse Way, l -5 and the Tigard Triangle. . 7. Connecticns between Hunziker Street; Hall : Street Bqule��ard at 0 Mar . a (generally) and Bonita Ro,adv i a k.�t. + 8.; Study area to consider extension of Hall Boulevard southward to connect with Boones Ferry Road in Tualatin for either'pedesTdn or vehicular access. . • , .. -�:,:QOth Avenue to -109th-Avenue intersectin �� , 100th 9•; A local street connect!t)n from :,1 c, Avd)nue either at Sattler Street' er at-a -p ' feet from the existing either Hint" at least 100 Satti.er Street intersection. Lion. 10: An extension and'°reaiignme, t of 109th Avenw ge south of the Sattler Street extension, to intersect Pacific H ghway at Royalty Parkway The realigned 109th Avenue shalrinterspiA Naeve Street at a point approximately 250 feet to 450 feet eat of Paolfic •highway. mp109.per • Jane P Milier 10920 aW Highland Tigard, FOR _97224 es ►dent 5580 SW Pacific Highway �gard,IOR 0224 Thomas omas T Roger 1,5518 SIN 114th Court, T igar OR 97224," Jack Orchard 1100 One Main ,Place 101 'SW Main Portland, OR 97204 Melba Stanley ,, 15510 SW 109th Tigard, OR 97224 Vem & Colleen Jones 1020 SW 100th Ave. Tigard, OR 97224 3everiy Fro Sue Carver 12200 Sail Bud Mountain Rd. 10155 SW Hoodview D igard, OR 97224 Tigard, OR 97224 Dorothy Sterrett 15495 Sw 109th Tigard, OR 97224 Al Erickson 15200 SW 109th Tigard, OR 97224 Jack Brsthan 15525 SW '109th Tigard, OR 97224 Ross W. Woods PO Box 88070 Seattle, WA 98138 Steve Pfeiffer Stoel, Rives, Boley, 900 SW 5th Portland, OR 97204 Judy Fessler 11180 SW Fowler Tigard, OR 97223 Meek Vanciehey Rickard Whit; nan Kittelson Assoc.,Inc. 101 SW Main Street, #1100 610 SW Alder, #700 Portland, OR 97204 Portland, OR 97205 Marge Dsvenpart Robert Luton 15100 SWWI 109th PO Box 8041 'ige d, OR 97224 Black Butte Sanch, OR 17759 James alb Bean 222 SW Columbia, 01600 Portland, OR 97204 O'1O 1 LL, R MIS CRJ W & COA GAN ATTORNEYS AT LAW HALLOW & WRIGHT DIUIIDING 1727 N.W. iloyt Street' Portland, Oregon 97209' TELEPHONE: (503) 222 -4402 FAX: (503) 243 -2944 RECEIVED MAR 25199' cowl uE,ELOPMEN1 DATLI March 23, 1992 TO:` TVR FR f : MICR RE: d Comprehensive Pin Amendment Des gnating 1, 9th as a Local 5tre�t The purpose of this memorandum is to provide an overview of the issues inVolving this legislative act isr ` . As y ou recall, NPO 6 initiated the comprehensive ve p 1x7 amendment. ipp amendment, it as appealed t LUBA remanded to the City for findings on several specific points (5. 1tg attached memoranda). The Tigard City Council held the haring on r emand on March 10, 1992 The opponents of the project raised sevet7al new issues in addition • entf fed � Triad Prepared y ddtic�ra. to those which LUBA id orated mand' i din � . City >ncora the mat � but not�all they thG submitted to the City. Ed Mur h y's feeling on matter is n '� �° g p Y 9' two -fold: Fir6t, the pub1i ''itnust have the perception that the City is in control of the process and the findings. Second, Ed is reluctant to include findings of fact that are not reflected by evidence in the record. have spoken with Ed and John Acker of the Community Development Department, and Steve Pfeiffer times ov er the Past we garding the findings T y p p rt mEes findings incor orate ` ss' t of th suggested w or din g from Triad. ; . B�wever, two outstandirig points remain. The first is a conclusory state*ent concerning the effects on the wildlife habitat value of Littae Bull Mountain. (See Triad FindiarngM, I 5(f) ` p 3.) The language s by but the City is zlot suggested Y Triad but left out by could be drawn by the , Cc►uncil uut is a conclusion that co from the evidence in the record. In my opinion, it is not essential that this be in but X agree .e Pfeiffer . X _ � that it be inclusive than less so and ; thatithe findings g would tnot be harmed if this language is included A second matter concerns evidence relating to , ignalization on 99W at Naeve Street. (See Triad Findings, 2 8(d), p. 5.) The cityls findings state, "The plan also e1iminatea the future need for a on Street. s e I ction in the need for 'traffic c igraal 99W at Naeve Reduction s • g : rt'� �w 99W is corn i yy. OT Standards ' �... improving " 1i1.wCt�i7ect. � . .,.: .... ,.. .. � / .ith aA� ^ti. �'" Protecting the efficient movement o i nalized lonsy on 99 for and p g off o.� Alb n � a • O'DONNaL, RAMIS, CREW' C RRIOAN Menlo re: Triad Comprehensive Plan Amendment, Designating 109th as a Local. Street March 23, 1992 92 •f' e 99W ; ash atw Access 'Oregon Hig1t sway.'' ,.Tj is statement is �cf,nclusory in attire because it does not indicate, the I factual source of the evi tense .. Triad's Pro Posed sed language reade as follows : " Oregon Depart3 ent of, Tran? portation ' has indicated 3cae n i � L that it `teal not allow an 'additional signalized intersection. on 99W hat would W at Native Stx eat because t conflict with ODOT standards for improving and protecting the efficient movement of traffic 'on, 99W as _ an Access Oregon Highway.' Triad' 5 language 1.s a finding of fay':. I believe the, difference between the two is minimal. Moreover, should the City choose to include language more like Triad's suggested. language, there is evidence in the record to support this finding of fact. (See attach ed Transcript.) Rand y Woo ley testified at the M 1.c � bearing as follow==;: "There's bring new �hexe s ;Mist no way that would let us bin a street in there without ada ati,, signals to s ig ng the s so ` accommodate and signalize the new street . Along those lines we have talked with ODOT staff. also. Also about the Naeve intersection." Triads Proposed findings of fact can be supported a)y. Randy ° P . �° g .a � � H ®wev��r, in a y testimony at the March 10 h,.aring. Woole 's es �' conversation with Ed Murphy on March 191 1992, he indicated to , me that Randy was no longer certain th\ t O "!OT had made such a c.1,.efdr cut statement to him. Nevertheless, it is in the record. The City Council has the City's version of the D' �► Pou � .� ' Dints _ discussed above t � I yomfortable��with 1 . think it 'is necessary �.e`,,. � � .. ti�.�in the Cou,;�ci'i make the �be� comfortable* g � a�iri that all believe .mod would � , ::. long F points, as lon as he can be cert a decision on the two nth �.. record. h findings of fact are e sup�aorted , b�` evideancc o� is I „ �uarted finding of fact concerning the s �gnalizati pp evdence the record I'I AI 1 > I++IGymo re Triad a Comprehensive Plan Amendment Designating as •a Local Straw March 23, 1992 Page 3 a Comprehensive 'Man Amendment is on the 3/24 ac`enda for approval of findings (public hearing . is closed) . The site development review hearing was continued until the 4/14 City Council feetSa g , (Triad submitted new evidence) . 1 advised the City that they hearing may, be held even if the Plan AnNtndment has been appealed MCR: t.1,d 3/23/92 Encln sures. �ity Findings/ Tri did F�ni � , Memoran Transcr .pt excerpt , cc: Ed Murphy, County DevelopEtenL it cthr`; i a 11. Ci1T!( OF TIGARD, OPEGON 0122EHEABLVE PLAN AMNDBEEZAIGELAMIUMMAPPLICATIDA CITY OIL TIGARD, 1.3125 ST' Hall, PO Box 23397 Tigardr, Oregon 97223 -- (503) 639 -4171 1 GENERAL INFORMATION 1 ?R PER'TY ADDRESS /LOCATION �� ` CAS vim' TAX MAP Al D TAX LOT NJ. %' / /0 I to l ti; 2-5 l fi i SITE SIZE' PROPERTY OWER /DEED HOLDER* V J U/ 51 !1UI. / G FOR STArF USE ONLY ADDRESS CITY hPPLIC AT* ADDRESS /0/ :1 CitY '1 IA(. PHONE ZIP 1C� 4 Y r e w fariPHONE 3' T gyp 977/ �•. .. .... .. .��r..�.— ...:.. ,:� �a►".'— Per —"''"' ��`.. n4 nen th-- owner a td the ap p15,con w are d ffereAt p eople, the a p-'ileant m ;iJt •be the • puchaSer of record or a lessee to possession with written written authorisation from the owner or an agent of the owner-with Written authorization. The owner(s) must{: sign this application in the spe.ce provided ca page two or submit a written authorization 'With this applicat1� Ana 2. PROPOSAL SUMMARY The owners of record of the subject property A request a Comprehensive Plan Amex f?ment (if applicable) from to ard, a Z... -►e Change ro to OR The applicant requests 414 ativ4nddent ' 1.L° the following use. tions of thi§ Cort prehen'iv e Pl n or *Gatalriard . �`e -.�- oP t-t e �' , .4 Al , 6 (It/ ro 16w1 ,tii 1 . - .1.....r ' t t7 } L ,/ p 0737P 23P Rev' i t 5 C' . ! '.`_ - . "« CASE NO ` 4 9i''O OTITER. CASE NO'S: RECEIPT NO APPLICATI0M ACCEPTED BY DATE: Application elements submitted: «- A.) Application form (1) (B j,, Owner's signature /written authorization 0) Arplicant's statement (pre -app check 1131:2 (D) Fit ag fee (77) tt Additional' information for Cc&pre sive Plan Nap Amendments /Zone Changes „/'(E) Maps indicating proper 7 location (pre -app check list) (F) XNA f property owners and ddre8 es 250-feet (1) (G) A,sse 's MAP (1 , (H) Title tra fcr instrument _ DATE DETERMINED TO BB COIF.' i,ET E FINAL DEeI; ION DEADLINE:. COQ, PLAN /ZONE DESIGNAii;O Y: E .P.,n Number. 'tanning Comonission ' Approval Late • (;'Y unc l rp i� a1 Date: • fir. or 0 List any variance, tk:'' *ditfonei uses, or as part of this application: ° LL..r,_, Applicants: To 'have a complete application yotq °will need: to submit; attachmentaa . described In the , at to :hed information applications . _ THE AFFLXCANT(S) SHALL CERTIFY THAT use actions Vin, be consideroad attached to ogQsed u on, the sub ect prope ty r. If the application is granted, tine . applicant :. granted in accordance with the terms and itubject limitations of the approval. wdhl. exercise the rights to' all the conditions and al of the above statements and the statements t attachments, ' and eaehibi s transmitteo 1' erewith, • are true; and the application, pay be revoked if it is foutel that any u ch statementd are, fi,.se. • The applicatt has Lead the' entire 'contents of the policiee .cud' criteria, and un4'srstands the or denying the appli^ation. applicants • so acknowledge that any permit issued, based on e,hic, the application, . nci ding redmt raments for appro`. ing SIGNATURES of each owner (eg. husband .and wife) o • L kfie 4 • CATION ix`s R ALL APPLL.ATI MPO NO. �a ) ! copies klett4 .5 But1di�a Official/Brad R. City Recorder Engineering /Chris D,' f•s rmits , Coordinator,!Vioia G. . SPECIAL 177,F ZICTS ..11e, Fite i D ietrict (Pick -up tax) Tigre !later Distr:i.ct 8777 SW Burnham St„ Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd Tigard, OR 97223 4. AFFECTED JURISDIC'IONS Wash. Co. Land Use & Transp. 150 Y. 'First ewe. Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann Rice Scott Ring Fred.} Eberle Hike Borreaob City of Beaverton Jim Hendryx PO Box 4755 Beaverton, OR 97076 jZStete`Highway Division Lee Gunderson PO Box 565 Beaverton, OR 97075 . SPECI.11L AGENCIES General Telephone Mike Lutz 12460 SW Main St Tigard, OR 97223 NW Natural Gas Ronald D. '?olvi, PE, 'PISS 220 NW Second Ave. Portland, CtI 97205 +CI Cablevi0i,on Of Oregon Mike Hallock 3500 SW Bond drtland, OF 97201 1 PO`' N ri�eks' & Reoreation Board Pol4ce ,.� Field Oper',atons' School DI.st; No. 48 (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 S�.hool �3 L37 .SW Pacaific E y. T,�.c�adrd, OR 97223 Boundary ComUisaion 320 SFq Stark Room 530 Portland, OR 97204 __ METRO 2000 SW let eve.; Portland, OR 97201- LCD (CPA '0 only) 1175 Court St. NE �`•- -- 5m OR 97310 -059 1- Other Portland General Elec. Brian Moore O ,S.� 'ry. Be14655 avertSW on, ld R oh / 09 X00iln 7 Metro Area Communications Jason Hewitt Twin take Technology 'Center 1815 MW 169th'Place S --6020 Beaverton, OR X47006 -48 S$ US West Pete 11NelsOn'i 421 BFI Oak 'S r Po tl�i�fld (!t 97204 .•. AGENCIES' eronautice -dv. "(()DOT Engineer' Board of - kealtb Fish & i dl fe -Parks & Recreation Div.. Subdivibion Superv3 eor , ` Dept. ;o of , Energy Dept. iie“Envb :; n. FEDERAL AGENCIES ,ate Corps of Engineers Poet 'office' Soutnern Pacific Transportation Company Deane 71. _Fodney, PLS - Project Engineer 80©" NW' ,.etn Avenue, R. 324, Union Station Portland, OR 9/209 • , k A •FIDAVIT OF MAILING STATE OF OREGON County of Washington City of Tigard ) es,• Please Print) a• hereby certify: That am a i !LA-A-- for the City of Tigard, Oregon. That I served notice of the Tigard City , Co& ncil leeCord, or 1-06 cN o. /- a3 (mcP Oauu,1 cs) ' ed, p ( A) upon o of which the attaohed is a copy v Marked Exhibit A u oar �a � ch of the following named persons on the & ,. day of V , 19.a/...., by mailing to each of them at the address shown on the attached list (Marked Exhibit B) aid noti s ce is hereto attached, and deposited in the United States Mai/, on the _` day of 6-"1D 19,, postage prepaid. • fie, , P per red ! tice Subscribed and sworn to before me this day cf r....., OFFICIAL SEAL • M. JOANN NAVIES ''. r, , E. NOTARY PUELIC- OREGON r COMMISSION NO 006513 MY COMM SSION EXPIRES MAY 5,1 95�� • �, ` a ke.� Notary b1 is of 0 rgegon MY Comm -ion Expires: , 19 a ma N. Nam= 1.1,ssommenil Subscribed and sworn to Mailed ot3ce Delw' erea to Po5'L Office before me thin ..,— day of •.,� OFFICIAL St. AL t . IVr. JOANN PAVES NOTARY Po.IBL I(, ' "' ORE®ON COMMISSION Nth, ®o6r» MY' COMMI5Si0N E 2P 11E3 I'MIAY 5, 1995 s ht\lOgin\c6thy\itifeifiii611. Notary pu iC Of Oreg ' Commis on Expires: Nliic�.isriii.L a. ■14 • `td Use Board of Appeals of tile, State of .Oregon 166 higt Street, S.E Suite 220 • Salem, OR 97310 Beznard A. McPhillips LUBA No. 91.-133 Enclosed plemse find the Index and Record for the abovet.creflC€d appeal,. Please be advised; that the City of Tigard did nzt receive a Notice of Intent to A,tppdai front the Petitioner. 4iiiirefletlifrd fgooiosedvb"oiitttit-erthaavikiwkuabariaimasvAthevrororvrrea arararag - VetriAk-74,,,435Av-449.0.exted#.10.multAnrkeTtotylikAttYmagoTigglap0004„ 0. c: Tlichael C. Robinson, O'Donnell, Ramis, CrGW & Corigan Beneird A. tit:Phillips, c/o Marge Daventscprt 4 0 NPO 6, c/o Sue Carver, Chair 125 s\iV Bi■id.i P. COWPREHE.NSIVE P LAN AMEND/4E14T CPA 91-0002 • 1,iEIGHBOIMOOD PLANNING C)RGAITIZATION 6 (NP Catherine Wrheatley, City: Recorder fcc• the City garc certify that the contents n are a trace y . of record ...E G :.. 44,tht:?rine Wheatley, City Reco er Date *. *Zk *** sk* ** * ak******! siyk**> rellr** ****** > k• ****7 k*** **allr***. yr* ***ilr** FPk'ORE THE LAND USE BOARD OF APPEALS OF THE .STATE OR OREGON B) 'RNARD A. ' 'CPHILLIPS !4ARGI DAVENPORT (Power of Attorney for fir XcPhillips and Lead Petitioner) Petitioner sc ** *>k * ***9k ** * ** * *9k 911x * * ** * *'lk ***'p ?�C *'i * * * #*7! ** * >k r, k, ,^ CERTIFIC. atiieri.rie `'t ieat1eye hereby certify that o f cto' e original of {this 1 regon 97310 by first; . "Class ma' CERTIFICATE OF SERVICE Catherine Wheatley, certify that ors October 1991, . true and RECORD in LUBA e Ana correct copy of is INDEX AND a. �,ru py 110. 91 -'133 first class mail to on the following ersons, Y gg Mr.` . Bernard A. McPhillli, s p c/o Marge Davenport 15100 S.W. 109th Tigard, OR 97224 Catierine Wheatle� Tigard City :Recorder • s` e LAND USE DECISION APPEAL . .t G FORM The City, of Tigard supports the citizen's right to participate in local gocvcrnmet.t.' Tigard's Land Use Code therefore sets out spec= `'ic requirements for filing appeals on certain land use decisions. • Thy' following form has been developed to assist you in filing an, appeal of a land' 'use decision in proper `farm. To determine what filing fees will be required, or to-. answer any questions you have regarding the appeal,.. pr=auss, please contact the Planning 'Division or the City Recorder at 639 - -4271. . APPLICATION 'BEING , APPEALED: 11. 1/7' l 4._ yn,»z i4- -4: Yt1 dgf 'f.Bxu et.e.t;1/4744t;tirt,t, • HOW •,DO YOU QUALIFY AS A PARTY :C_t_ .,.__..._...�� • • x_10 IYOFTI OREGO �Vfi I'�.�ilYSi • I_ u 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW. . i a4 dixt • . , • 4,V h.o Y1 po leyft. idoc, -'``' fer, o2 SCHEDULED DATE DECISION = IS TO BE FINAL:. Tfi tle-?.1 4 (inh-z.l..._, t, ,per :t �r DATE NOTICE OF FINAL DECISION WAS GIVEN (1 6 SIGNATURE(S), . �- ,-+,xx1#yt-- x- �- �- 0txKxM 64 F'OE OFFICE UJE ON4.Y j Re+ce iv�d B f : -iL Fate � Time. ?• Approved' As To Form Dy: t _Date TO 3I4/. ime: `3: J . Date a Time: �, t N`' . By `.., AR�DU tt Den i d As To Fora i �,T'7 �'$(il•7C"•�'('7l'!i'� yt v v�•i v iJ it_tii 7CI(7T , G Q Ck '.'0 lt..Q Wp G t G1t f.� � 4;.. 1:..).S.'''' , " 6 q � : 4:� c rf- �ht tc J �. �� 0& -i�i ,,;,�+�:�„ $ 31' ESL � � 2a v Roil Evd. P7 x ? ? ��gdrd, on 97 2 (603),63-41:11'-: ,�;J.. ,/ Lnr► 4. • h 0 ♦. • CITY OF TIGARD, OREGON ORDINANCE NO. 91-.2...k. AN ORDINANCE APPROVING . AN AM.ENDt4ENT TO THE TIGARD FROM MINOR COLLECTOR COMPREHENSIVE TRANSPORTATION MAP BY CHANGING DESIGNATION OF NAEVE STREET ,FR AVENUE AT Mil MI COLLECTOR CONNECTIONS STREET TO PACIFIC HIGHWA � AVENUES NORTH OF HOODVIEW DRIVE (CPA 91 -0002) REQUESTED BY NPO #6 TO LOCAL AI3D! BY 'ADDING MINOR Y OPPOSITE ROYAL`l i PARKWAY AND BETWEEN 100TH 'AND 109TH Plan Tra sn portat ion Map uest is to amend he Comprehensive as WHERE?�S the r -.q f a]'lows Change the designation of Naeve Street from minor collector to, local. Add an extension of t 109 h .Avenue between Murdock Street and Pacii'Eic Highway . ific Highway as and designate 109th Avenue bet' seen Caute rbu ry Lane and Pac minor collector. 'Add a minor collector connection between 100th and 109th Avenues at a location north of kioodview Drive. S December 17, 1990 the City Council authorized NPO #6 to initie WHEREAS , on Dece consideration of a Comprehensive Plan amendmt focused on transportation issues in the area of 109th Avenue and Naeve Street. has developed a proposal. to address traffic concerns in the 'WHEREAS, NPO #6 Little Bull Mountain area. WHEREAS, the Planning Commission heard the CPA 91, -0002 proposal c t its regular the meeting on July 22, 1991 and recommends approval and also recommends deleting last sentence of note 10. 00 4 THEREFORE, TIME CITY OF TIGARD ORDAINS AS FOLLOWS': . With al].:cetevan�w• cr�.zeria as nested below: proposal is consisten'c w:. SEC:�ZON 1 The prey., i • . eria in this case -are Statewide .Planning Goals i 2 , 12; and T'ne relevant Grit 2.l.1, .and $ . ? . � �.Y�d applicable. Platt policies , 1.1.1 a. , Tigard Ccsntpreti� uni Developt ent Cc�idie sections relat hd to legislative ala.`a \- amendments' Cot9m ty based On the The proposal. is consistorit gith the applicable Statewide Goals 011owing findings tizen ';:evolvement, is met because the City has an adopted citizen. u�,al 1, Ci F ..Y by 1: a p . rerun which Includes s. ro o has bee�e ° _ this xis � n P. �nY.v= _vement r review of ©and use a plica g, Itt additi. sal n��s,ghborkac::�' ' nn�,;ng organizat�:ons . P - pla: t � � . :.,�• .. by the City. ubli�. hea'�;ings y annin Conuhission and re 'rsewed,; in p . b tape Pl Cot. oil for which the p'ub1i( has been properly *:otii yid. 60;s1..:,, Land Use P1aftnin tiet beck the City has app lied all rel.e�a�n 2. 0 ►; ii Got rehens .w ease Ci ro ®sal, Stat���dt� Planrt��1�g �,oals, ty p an golicies, and .• orr�nutini't �,ve Pl ®eve lop ent Co lo; rr. quirements i t the re`v .ew of this p p .... City has adopted` policies. p met becs1use the � �... ordinatien 3 , Goa � . or1,,�.tio�►, �s ru�:n coo rd 12' Trans ttatioil network and Conti related to i� proving the transp � �.. t owement5 with other iii. olved a encies : � g of ta�anspotatiori 3mrP'' OIE r1 J NCI1 Nb Page 1 1 s{, G fi • CO 1 ft c proposal is consist . an the following finding 1.1. is satisfied, becs se the proposed an end ent.� to t e: 1: a. ,. 1 • P'olicfy ,_� liance of the; Citiy s a.,icnawledged : mpr P1:�n will not affect i omp � xehensive � Plan ,with the State:i5de Goals. orhood' Plat ing Organization #6 and olicy:,'2.'1.�1 is satisfied because' Neighb g r.►s proposal #3 41a� °ae hee�n an�.��y:� .ed` of the hearn��; and have commented on the ro asa'1 and a -�c "e has been published�i. incl%.idi-ng the date, tine; and. ;place' of a public � y�._ Lie hearing. Pc .ic 8.1.1 k satisfied because the proposed amendment,s to the Cam rehensive P1an "Transportation *tap plan for ,a Sp,,f Bind , efficient street � y �.., t e c eA and roadway systoil tat meet curr�en and future fr e neecis uR '���xr�!F �4'{ [ 4' Y ,��'.,58 r , A.t a.� ` 19 The City Council' hereby amends tb,e. Comprehensive Plan Transportation ap by 1) designating Naevel Street a 10 %al s t' Net, :2) establishit a a new +�h `i Murdock Street to extension for 109th �+,vet:'ae from its current terminus soul Pacllf c Highway;• the extension would curve ! across the south slope, of Littl,e Bull Mout��ti - sin, crossing Naeve Street west of The Fountaiuts .condominitums and geetin "i g . Paci c' Highway ' opposite the existing intersection of Royalty Pa.ckw y, 3) 'designating " )9th Avenue as a minor collector between Canterbury Lane rLL.ri'Pacifi,c Highway, and 4) establishing a new minor collector, street, to connect between Exhibit 100th and 109th Avenues at a location north of Hoodvie w Drive as showti in "B"` I$, r��V 6j 0' with the city' s . cknowledgea C re e'as Plan ba�iae ry rdinance shall be effective 30 days after its pa .sage by the aECTION :a -_ This o, I r Goviraci ., approval by the Mayor, and posting by the City Recorder, _� vote of all Council e�abers, present .after PASSED: By �-- - �---� Ida of �CP.aa being read b. n er and title ,only, this day g by - 1 1 09 M� le? / #,I L4Y..tAiL Cat%erite Wheatley City Rec der APPROVED This day of I ! ear, 1 Or' Ger • . Edwards, t4aYor Approved as tt form:l rCit " Attorney Date Itic 'A91=02.0R8 ORDINANCE No, 9l Page 2 4', ^a' • , 1' I • 4 LEGIBILITY STRIP' & n a n: c e N o., 91 -13 ap adopted 06/11/91 NO E' Study area map only. for -- full map see DRI Gtgi.tot H to tt map ' rograpbl -` Cotten oampl lad •6y_ the C t= of 1- t:gord rt1IIz1aS Cosyro- diktc tatotnittaa - "Sys ,m CIS) sofdasra,. _tactile portrayed' ba.ra= Ash 90 istondad 14-11 used ailb od4ittoaal N 0 R T Q tatbeicaf asd /or ints''rotatiss date ss`_datarrilaad_ by !At City of ttgard. 11=�'..'•it� i+�:+ 1YPTRNIOtt), SOo (O! to /ii) Ky COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES These notes are a part of the Comprehensive Plan Transportation Map and are intended to provide direction as to the kind ' and extent of transportation improvements which are to occur within the 'designated study areas. 1. Scholls Ferry Road to be realigned to connect with Davies Road. Upon completion of the realignment, the existing roadway east of Davies Road P shall become a local street with a cul-de-sac terminus at the northwest end. • Study area to determine a future connection between the Walnut/132nd �' A major collector extension intersection and the Gaarde/121st � intersection. Mountain of Gaarde Street has been recommended by the Northe ast Bull collectors has Transportation Study connection of minor co Report. An indirect been recommended by NPO #3. ▪ Approximate alignments are shown for the extensions of 132nd Avenue 135th : Avenue south of Walnut Street, and of Sench�e�a Terrace, 1 35 south o 1est of 132nd Avenue. These streets are to be i3e�chv�ew Terrace designed as mirror collectors with a design speed of 25 m.p.h.. �. Study area to determine a connection from southbound Pacific Highway (99w), to Main Street • Study area to determine e the a lt nm ent of (1) a minor collector strew connection between 68th Parkway near Red Rock Creek and the Dartmouth Street extension, and (2 ) a minor collector street connection between 72nd Avenue at Hampton Street and the Darnouth Street et ension, within the westerly portion of the Tigard Triangle. terrine the alignment of connectaons between Highway 217, 6. y .t ®d� 9 Study area 1-5 and the Tigard end Triangle. . Kruse Way, Connections between Hunziker Street, Hall Boulevard at O'Mara Street (generally) and Bonita Road. " Stud® area to consider extension of Hall Boulevard southward i® �to� canaoe ..:: YO .: e : e e.. p e 40d10r7IQ� 4ii• .. i - er ether estnan or we wrth Bc�o�tes ferry Road an Tualatin for LEGIBILITY STRIP See NOTES on back of page . Proposed evision To C ompr ehens ve Plan Transportat1on Map: SEE NOTE SUM1ER FIELD DURHAM NOT-13 map only fu�1 map 91 -13.- DIgItet deto t mop =r.pr eae tell an:a.iptied .AY the CI Iy it - iIgud`_11""".y, Ceigre. pate IALo;rn.t[oe Syat'im� CIS) taftoa:a.: Isis ,- matiertl.yad Geri . :on be ietended to ,Oa, .eed' eitA.'s4ditfo`a.I- 0 T H ebeat" ®.d!er= to:: et,7rprguetiia dio ee dataratiad ; y !Ao Ct.t7 it 833rd a {Dt + /tB1at) • COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES. Scholls ferry Road to be realigned to connect with Davies Road. Study area to determine a future connection between the walnut/132nd intersection and the Gaarde /12l at intersection. A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report. An indirect connection of minor collectors has been recommended by NPO #3. Approximate alignments are shown for the extensions of 132nd Avenue south of Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west, of 132nd Avenue. These streets are to be designed as minor collectors with a design speed of 25 m.p.h.. 4. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street. 5. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rock Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within' the westerly portion of the Tigard Triangle. 6. Study area to deterrrtine the alignment of connections between Highway 217, Kruse Way, 1 -5 and the Tigard Triangle. • Connections between Hunziker Street, Hall Boulevard at O'Mara Street (generally) and Bonita Road. B • Study area to consider extension of Hall Boulevard southward to connect with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) 10. An extension of Settler Street from 100th Avenue to 109th Avenue intersecting 100th Avenue at a point approximately 200 feet north of the existing Satter Street intersection. realignment of 1 extension and g Avenue south , of the An ext Sather Street extension, to intersect Pacific Highway at Royalty Parkway The realigned i tely saligned 10th Avenue shall intersect �laeve Street at a point approximately 250 feet to 450 feet east of Padfic Highway. . The design of the (Amendment to Note 10 . Per Council Action . ,�91 � • �5,�13 Sattler Street SxtenusIon may vary from the adopted City stands for minor cohctors • VISITOR'S AGENDA James Drake, 10480 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council, deliberation of Item 7.1 (Parking Restriction Ordinance - Highland Drive) • Terry Tol l en 245 S.W. 2nd Street, Sherwood, R requested an out-of-sequence considerat ion of a Plan Amendment for zoning of property he owns in the Tigard Triangle area. Mayor and City Administrator advised this area is currently being reviewed by the City; in fact, ° consultant agreement for Council ent of a Tigard Triangle Master Plan. Mr. To l lion development +� was advised to contact the Community Development Director to talk about rezoning. Jane Miller, 10920 S.W. Highland Drive, Tigard, OR 97224, noted cars parked with "For Sale" signs on or near the Town Square property as well as a number of sandwich board signs. She asked whether this was in violation of sign Staff. will review and report the s�. ordinance° findings to Council and also contact Ms. Miller. Morey Williams, 10225 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council on deliberation of Item 7.1 (Parking Restriction Ordinance; Highland Drive) ado • CONSENT . AGENDA: Motion by, Councilor. Schwartz, seconded by Councilor Johnson, to approve the following Consent Agenda items: 3.1 Approve Council Minutes: July 9, 16, and 23, 1991 3.2 Receive and File: Council. Calendar 3' 3 Approve Chamber of Commerce Lease and Authorize the Mayor to Sign 3.4 Authorize City Administrator to enter . into agreement with James M. Montgomery Consulting Engineers for water . systems study. The motion was approved by a unanimous vote of Council present. • PUBLIC HEARING COMPREHENSIVE P CP 91-0M IP° 6 A request by NPO #6 to amend the Comprehensive Plan Transportation Map by designating w minor collector Tr P p�' � '� SW Avenue roadways in the Little Bull Mountain area. SW 109th. Aven • ed as a mi from its current would be extended of Murdock Street; Collector the e�etene ion would �r e terminus south across the South slope of Little Still Mountain, crossing Naeve Street west, of The ndomini S and meeting Pacific Fountains co CITY COUNCIL MEETING MINUTES AUGUST 13, 1991 - PAGE 3 �w r Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled "Settler Extensions, is proposed to : connect between 3. 00th and 109th Avenues at a location north of Hoodview Drive. The Comprehensive Plan Transportation Map would also be 'amended by changing the designation of Naeve 'Street from minor collector to local street. i* a. Public hearing was opened. b. There were no declarations or challenges City Engineer summarized the staff report submitted in. the Council packet. The Engineer referred to a map of the area, noted traffic figures projected for the area, and gave a brief synopsis of the NPO review process. City Engineer reported that the NPO review included looking at the possibility of extending existing streets; g p �, this idea was discarded, however, because of the steep grades. He responded to Ma yor Edwards ' questions concerning the level of exploration of utilizing other streets (i.e., Kable versus Settler) in the proposed changes. City Engineer reported on the decision making y , process and advised impact to existing development and future development was considered. The NPO and Planning Commission recommend approval of the ive Plan Transportation Map amendment proposed Comprehensive , � � p d4 Sue Carver, Chair of NPO 6, reviewed the process which concluded with ...the.. recommendation mn now before C ouncil She noted the initiation of this proposal was as a result of the Triad development proposal., When Triad "s request was turned down, the NPO saw the opportunity to plan for a road system prior to development T his proposed comprehensive - p lan amendment , . Cax�e. r advised, received approval from the Oregon Department of Transportation. She advised that the majority of people g the process contact with her th�°o1x h rocess hav e advised t the compromise on the traffic pattern in the area was acceptable Mayor Edwards discussed the process with Ms. carver. In response to his questioning, Ns. Carver advised that City Staff where this issue tiff had been present at every lneetxng. Was discussed over the last seven months. There was discussion y on upgrading Kable and Hoodview Streets and whether wasp open u was as explored x'outeslly ® �' � � NPO 'The. desire of p p as Possible to diffuse Y p► � the traffic. ... TES -� AUGDST l3 , 1991 PAGE CITY C '�I►iCl� MEETING MINUTES or 411 • at City Engineer noted the upgrade to Kable and Hoodview Streets would be difficult. Kahle and Hoodview are, developed residential areas Howard Graham, 9410 S.W. Lakeside Drive, Tigard, Oregon, testified that he was President . of the Suuiaerfield Civic Association Board of Directors. He advised they strongly endorsed the proposal. He commended the NPO and City Staff on their conclusions. Richard Watson, 10290 S.T. Highland Drive, Tigard, Oregon, advised he was in support of the proposal. He, advised it appeared to be a workable solution noting the need to look to future growth and for reasonable and safe access for this area to Pacific Highway. Ross Woods, P. 0. Box 88070, Seattle, WA 98138, noted his support of the proposal. He advised he would like to see transportation issues the turmoil over with t s ortat�.o � re area this area end and noted with developuent in area, a great portion of the transportation improVepents could be built with developer dollars. He noted that a portion of the improvements would probably be eligible for funding under the Transportation Improvement Fund program through Washington County. Bev Froude, 12200 S. W. Bull Mountain Road, Tigard, Oregon, advised she was the NPO 3 representative; NPO 3 voted unanimously in support of the proposal. The NPO feels it is a good comproffiise The NPC14 advocates a change to the plan: They request that Naeve Road be closed at Highway 99 rather than have a right- -hand turn lane. The major concern of NPO 3 is that all of the road should be built if " Triad develops their property. ("both the northern part be opened and the new extension to Royalty i Parkway be built as a condition of the developffient.. " ) Ms. Froude noted Sattler Road should not be ,required to be built as' there have been no plans brought forth to develop this property. councilor Johnson questioned the recornmndation of the closure of Naeve' Road at Highway 99. Is. Froude responded it Sias for safety ronsiderat .ens and �.:.~n ed t • g p ch as accide tts as d tine shop exa.s �zn traffic robl+eYns lights Which are not synchronized oxn i ighwa y aiut acrif a.c 4 . , 5 . . S t , P` o rtlan d, Or .' hon a dvised he _ was re P rese t Which approximately acres a� t he- o Pose nnection ti ts r Iig hwa �. th at was . .:. _ 13, 1991 PAGE 5 c/TY cOt� vciL MEETING MINUTES AUGUST . "" r understanding, that it was very likely property would be developed up the road much faster than the his client's commercial property would be developed. He said this dovetailed with the previous testimony requesting that the whole road be developed at the' sane time. He noted :City Engineer's 'comments that there may be ways to fund the road before development. Mr. Hughes advised that his client's property has been for sale for several years for commercial purposes and no imminent prospects have been identified. Increased density up above may increase interest in his client's property. He advised his client would not have the ability to fund improvements to the road without development identified at the same time. Mayor Edwards asked City Engineer to clarify his earlier comments on funding. City Engineer responded that one of the options discussed was the "reimbursement district concept" wherein public funds could be used and development would pay its share later as development occurred. In response to Councilor Schwartz, City Engineer responded that public right-of-way would need to be, acquired and if the City was building ahead of development, the City would have to pay for the right-of- way. This may be part of the reimbursable costs. Dennis Odman, 621 S.W. Morrison, Portland, Oregon, advised he represented Mr. Ferd Wardin who owns the largest section of land that the proposed Sattler Extension would cross. He noted that even though the road was shown in approximate placement this would greatly impact Mr. Wardi n s property because of housing and development. opposed Wardin is to the Sattler Extension of the proposal and its status being changed to a minor collector. • �,to his letter of August 9, 1991, gu � outlining 14s client's s co p Y�ir tJdffian referred - concerns with the comprehensive rehensive plan aendmient. advised that his client had not � He also ad been notified of the D ffi set� n g s . ( Th is letter is on file with the packet meeting material. • for Johnson and There was brief d�. . Ha.... or Edwards on the impact with to rir.�Wardin and future Mayor P development plans m John Slaughter, 15055 1 t eet, Tigard, MrO 9/224, noted objections to the proposal. Slaughter advised he had not been sa id Hable and Hoodview were already wide► streets and advised that ° Kahle could be extended with less problet than what was being CITY COUNCIL, MEETING NI ES AUGUST 1:3 , 1991' - PAGE 6 proposed. He noted cost of construction for the propose streets would be tremendous. There was discs ssion with Councilor Johnson concerning the placement of the Sattler Street Exterksion alignment on, the map The ' road design and placement would be determined at the time a development is proposed. Jane C. S2a.lboryt, 15435 5.W. 114th Court, #101, Tigard, Oregon signed in to testify, but declined to make any comMents Al Erickson, 15200 S.W. 109th, Tigard, Oregon testified in opposition. He said that utilization of Murdock Street would be more logical. f He does not want the proposed improvements to go through his property and said he prefers the gravel road on Maeve Street. Larry and Laura Crotski, 10305 S.W. Ioodview' Drive, Tigard, Oregon cited agreement with most of the testimony heard in opposition. While agreeing with long -range planning, there was no clear indication of who would be served by the Sattler extension Town Gill 10275 S . W. Hoodview, Tigard, Oregon, testified against the Battler. extension, noting that he thought this was premature. Marge Davenport, 15100 S.W. 109th, Tigard, Oregon, advised she was not opposed to long - range planning but this proposal had not been given enough , consideration. She said the proposal was not well thought out and there were too many problems; the concerns of the neighbors had not be adequately considered. she said she had contacted the State Highway Department director for this area who for a indicated they were :nod aware of discussions f connection from this area to Beef Bend Road. s uteed traffic projections ections . iron by the Ms. Davenport dip � , �' y City Engineer and advised the figure would be higher. She advised of traffic safety concerns. Ms. Davenport noted concerns with property near Pacific Hi.ghway drawing attention to how this property would be affected if divided as shown on ' the lap. Ms. Davenport said ' that not enough consideration, had been given to Kable and Hoodview to alleviate 'traffic in the area. She noted that some of the ale lY7Po 6 .membe s' lived on these streets. CITY COUNCIL FLEETING MINUTES , :MUST 13., 19 .PAGE 7 City Engineer, at Councilor Schwartz •s request, responded that he. had been in contact with and received the information for his report to Council from :Mr. Don Adams of ODOT. Mr. Adam is the Region Engineer for ODOT j to higher, the director i go h in Salem; would have . to be contacted. Traffic figures are dependent on the number of apartments built at the Triad site. Clyde Roarke, 15371 S.W. lldth, #108.,, advised he 'lives . d and does not at the Fountains Condominiums in �umrmerf �.e�l. support the ; proposal. When they . bought their property 'the lan called for the property adjacent to be p commercially developed with traffic flowing on Naeve. The road from ' Royalty Parkway to access Naeve would percent grade. Projections , he said, were require a f ive � ercent ads . for 1,000 cars per day which would pass by their houses. He cited that the major .reason i f or the road to Royalty Parkway' is because the State 'does not want ! to put a traffic signal at Naeve 'Road on Hightiyay 99. He, suggested ' the city could use its: 'influence to put in a traffic signal at Naeve Road. lie said the facts do not justify; the expense for putting a road , l in and causing the negative impact to the • property owners . Emray Lou Lawrence, 15085 8.W. " 100th, Tigard, Oregon advised her family formerly owned, the Wardin property. She noted concerns ,with notification process. She advised the property now owned by fir. Wardin should be allowed ` to be developed in a manner that would ! be pleasing. Rebuttal NPO 3 Sue Carver to confluents confluents presented during public testimony. With regard to previous testimony, she noted no member of Street and one meter f the NPO lived on fable Stre lives on Roodvi.ew. The following ritten testimony had been submitted to the Council (this, material is in addition to the letters attached to the staff report which were submitted wi the Council packet): August. 9, 1991, letter from , Dennis 1 . Odman, Attorney from Allen, Fellows, Livingston & Greif Au st 8, , 1etter f Robert and Marta Luton n August 12, 1991. h from Robert C. Luton City Engineer noted he had spoken With Mr. Luton by to 'answer questions. . 'telephone � 8/12/91 p ohs orn , Atigust 8, 1991 letter from Lenore A. Schuster CITY cOi'TNC]L MEETING ' INUTES AUGUST 13 , l991 °- PAGE 8 I. eg • ti Recommendation by Staff: City Engineer noted the history of discassions concerning traffic in the neighborhood with no obvious or easy solutions. The recommendation before Council tonight may not have been the one selected if there were not already existing development and streets in the neighborhood. I Ili Staff supports the recommendation of the NPO as s pp the best solution with the current situation There are areas of concern which need further study and detailed engineering at the time of development. Impacts on adjoining properties of how to best fit the roads with proposed development must be addressed. This will be provided for during the hearings process with potential appeals to the City Council. City Engineer advised that the plan : proposed by the NPO addresses concerns heard with regard .. to trying to provide good access to developing properties while still protecting the already developed properties from through traffic. The plan provides good circulation and . addresses emergency vehicle access through the neighborhood and protecting Highway 99W from adding more entrances. He advised that the State was recommending that the number of entrances be diminished to protect the safety and capacity of Highway 99W0 From ` staff Is review in working with the State, past developers, and with the 1001 staff feels the plan meets necessary criteria as well as any plan submitted and staff recommends approval. In response to a question from Councilor Johnson, City g` responded tier extension would be Engineer res that the Sat. , noted near the north property line. He n �e� d `h ha substandard .■su■ ard '. jog in the alignment to the south which was necessary bed ause if it were - to go farther north, it would impact existing development. Consideration was given to how the property p s could be developed, given the zoning designation in the area. . Public hearing eras closed. L I I • Council con eats < eng, they area involved end Council discussed, at �. s depth p„ < to �.ncluded in their remark consideration of im alcis tae neighborhood and ascertained the depth of consideration giver to additional routes for the 'transportation system in this area ..... CITY COUNCIL. '$Tl G MINUTE Ai1GIJS1 1 x99 FAG 9 1 1.. J. • Councilor Johnson' noted NPO 6's effort to be proactive; that is, they , attempted ' to plan 'long-range for transportation in the area . , She ' cited ; thl e " need to consider Hoodview and Kable cxtensioos ,to the west. , (It was noted :during discussion that local streets, are • not shown on the Transportation Hap.) She advised she was. least comfort Wake with the recommendation on Sattler Street to be esignated as a minor collector but, in weighing' testimony it appeared that this was the better alternative when attempting to diffuse traffic impact in the neighborhood. Mayor Edwards advised that, although he commended the NPO for work !on this issue, he could not support the pro osal. He said all roads should be opened up in the proposal.' . share in the transportation needs. He was concerned that • area for all yea the Mtard ®ek�/�iflodvi�w,�able Streets could be utilized more fully in the future planning to share in the traffic increases.` Councilor Schwartz; advised that he felt the NPO, had looked at all alternatives carefully and, given the current development and terrain, the proposal before Council was one which he could support. He " noted concerns with the Sattler Street extension and the that this Street be .a 'minor collector. recommendation �. Discussion followed on the Sattler Street extension. Council expressed a desire tor'anmend language On "Note 10'1 of the proposed ` neap. The purpose of the amendment would give the r be to g property owner(s) more flexbility in developing the land. Council recessed the meeting at 10:05 p. gin. ' to g .Ve legal counsel and staff the opportunity to craft language reflecting Council's intent for Note 10. Meeting was reconvened at 10:12 p. Motion by Councilor Johnson a seconded Schwartz, to amended ,llows: Note 10 as fo by Councilor 01The design of the Settler Street extension say vary from the', adopted City standards for' Minor collectors . " The Motion was appro4red by a _l vote; Mayor Edw voted "No.', CITY 'COUNCIL METING E5 MMUS 991 • ORDINANCE NO. 91-22 -- 'AN ORDINANCE APPROVING. AN 'AZIENDFIENT TO THE TIGARD CONP NSIVE PLAN 'TRANSPORTATION MAP BY CHANGING DESIGNATION OF '' NAM STREET FROM MINOR COLLECTOR TO LOCAL AND BY ADDING MINOR . COLLECTOR CONNECTIONS FROM, 10901 AVENUE AT MURDOCK STREET TO PACIFIC HIGHWAY OPPOSITE ROYALTY 'PARKWAY BETWEEN 100TH AND 109TH AVENUES NORTH OF HOODVIEW DRIVE (C:PA. 91-0002) 02) REQUESTED BY 'NPO 6) • Motion by Councilor Schwartz, , seconded by Councilor Johnson, to approve Ordinance ` No. 91 -22 as amended. Ordinance was approved by a 2 1 vote; Mayor Edwards. voted SUB d 1[T � City S�I9 00 --- -- �-- BSI ©�9', �1 Council review of Hearings Officer , decision approving subdivision SUB 91-0008 Four D Construction subject to condition No. 1oa regarding the improvement of SW walnut Street. (Residential, ) LOCATION: S side SW Walnut Street, ouath and east of SW 116th South (W TM 251 3AC, tax lots 400, 501, 900, & 1000) APPLICABLE REVIEW CRITERIA Tigard Community Development chapters 18.1600 and 18.164. a. Public hearing was opened. b. There were no declarations or challenges. c. City Engineer summarized. Staff recommended that Council amend the Hearings Officer d ee cision on this subdivision on to require ha3.f street improvements to a portion of Walnut Street. The' . Bearings Officer decision gives the • de developer the choice of making street improvements or signing a waiver of remonstrance. remo nst ran ce. This portion tion of Walnut Street in 's urisdict ion an d'County and City requirements differ. . Ptabl is Testimony: Dale Deharpport, 6767 S.W. 158th, Beaverton, g , advised he was the developer on the oUn hi Story , ore `� He red .. . isto of the Oregon, properly. , requirements tad the h differing City and County � qu e'�ents� and the iffy resulting confusion He advised that to' have this 200 feet of right -of -way .improved I at this time would not serve, to benefit the oouuity. Ike recommended that a non -- remonstrance agreement be endorsed by him, as i.the de`'eloper, , with the standards of improvements on Wa1n' t Street be done at County requirements • CITY COUNCIL NEETINa MINUTES UGUST 13 , 1993: Mgt I - • cte TIGARD PLANNING COMMISSION REGULAR MEETING - JULY 22, 1991 President Fyre called the meeting to order at 7:30 PM. The meeting was held at'Tigard�Civic Center - TOWN HALL - 13125.SW Nall Boulevard„ • • Tigard, Oregon. ROLL CALL: Present: President Fyre; Commissioners Barber ,,Boone, Castile, Moore, and Saxton. Absent Commissioners Fessler and Saporta. Staff: City Engineer Randy Wooley, Associate Planner John Acker, and ;Planning' Commission Secretary Ellen Fox. APPROVAL OF MINUTES Commissioner Barber moved and Commissioner Saxton seconded to approve the minutes of the previous meeting as written. Motion carried unanimously by Commissioners present, with Commissioner Castile abstaining. ▪ PLANNING COMMISSION COMMUNh 1TI0N President Fyre commented the Commissioners ' President .d that received two letters which were not included in the meeting packet (Exhibit A). The two correspondence opposing the Planned Comprehensive Plan Transportation pieces of on Map amendment were from Jane Huffman and Lenore A. Schuster. • PUBLIC NEARING 5.1 COMPREHENSIVE PLAN AMENDMENT MENT CPA 9 - ®G �CV. AN D NA E VE STREET (NPO ) A request by that the Plan Trans P ortati on Map be revised by (1) designating new minor collector tor roadways in the Little Bull Mountain area as shown can Attachment No. 2 in the meeting packet and (2) changing the designation of Naeve Street . area Proposed from minor collector to local street LOCATION: The area of ro Deed transportation amendments is general 1 y bounded by Pacific Highway, Durham Road, 100th Avenue and Murdock Street. (WCTM 2S1 10 AC, AD, DA, DB, DC and DD, and WCTM 251 11RC and CB) Associate Planner John Acker advised that the proposal came about because NPO p P . updated � � ddress #6 requested the transportation ma be u ae to p vel opieot and • the r many p at�vn concerns connected ndi�d de the man trans art ted �mth ex ect increased sod density for ame `pg the crew... He e�pl a� n.. t Process Comprehensive Plan Transportation Map, and he said the Planning Commissions recommendation Will be forwarded to City Council for considerate g noted the letter from an at their At�gu�t13th meeting. die. note Lenore A. Schuster and the letter front Jane' Huan were expressing opposition to the . proposed amendment (See Exhibit ) PLANNING COMMISSION MINUTES JULY 22, 199i PAGE City Engineer ndy Wool ey provided wall maps W the area showing the transportation map. He said the NPO worked with the ;Engineering Department to 'study the traffic patterns and related issues. He explained that this proposal is for the first amendment to the map, ,and' it is''a long -range planning tool rather than a development proposal. On the map, he pointed out the existing streets and their respective designations. He used an overlay map to show the proposed street modifications which included: (1) Naeve Street which is currently a minor collector would be designated as a minor collector, (2) SW 109th Avenue would be extended as a minor collector from the current terminus south of Murdock Street to Pacific Highway at Royalty Parkway, and (3) a new minor collector street, "Sattler Extension ", would be constructed to connect between SW 100th Avenue and_SW 109th Avenue north of Hoodview Drive. He pointed out that the alignments were approximate and not inflexible. He said NPO #6 recommended that SW 109th Avenue not be opened at the top of the hill until properties to the east are developed. He discussed the areas of high density and lower density areas and the ; concerns about increasing traffic flows in the Summerfi el d area. He reviewed the definitions of minor collector and local street and the volumes they carry typically; and he talked about the traffic volumes expected on each street when the area is fully developed. He advised that the timing for the proposed changes would depend on when the area development occurred. He discussed the potential ways to fund the proposed street changes- Commissioners asked City Engineer about local street and minor collector specific p counts taken recently. He answered wered questions about asP c specific Properties that would e af by th proposed map amendment. ' oner Fyre requested clarification from City Engineer w . Commissioner ear the scope of the amendment being considered. City Engineer explained' that the roP osal''does not address local streets, nor does it directly P address the issue of SW 109th being opened or closed. APPLICANT'S PRESENTATION o Sue Carver, NPO #6 Chair, reviewed the authorization the NPO received from to of the rum 'City Council 1991 to study the traffic needs Council �n December 199 community of Little Bull Mountain. She said their goal was to find, a more balanced traffic flow that would avoid burdening any one neighborhood the individual g other: .n another. h considereddin their stud She boyhood more than problems �ylt s aff for their street Cand.�ssues t rd work and the expressed a p at�on to the. G y P- o) �tpre P nt on this Project. She noted that the NPO had decided to � e d r�' withdraw the final sentence ... Y Pe R � the ackofthe� p � . ma P, which is ce 1 n Note. eld However she said ,that i they ' g 109th clos essin this concern again � n reference to having SW 109 Would be adds g this properties developed. as the:,, .,a ner Moore asked Car'err they, oattendance Commissioner iced Chairman Carver about the amount of the NPO had during the meetings. Ms. Carver said �y ; g.... ne attendance, �t attend the meetings in person a ttendance, and many who could not their feelings. the comments called her to exp � She shared some of in favor and opposed to the proposed changhs0 PLANNING COMMISSION MINUTES - JULY 22, :1991 PAGE ,2 PUBLIC TESTIMONNY PROPONENTS © Beverly Froudy , a i representati ve of NPO #3, said they were involved in some of the meetings and are basically in favor of the proposed amendment to the 'Transportation Map. However, she added, NPO #3 members would like . the new Roy al t Parkwa w extension is .� Y Y constructedtalo gewith eany ha new development. She said the 'favor having new traffic y� y' Parkway. She said it is all then that SW 109th be opened Ro a fic enter 99W' important pened up ''to improve circulation in the area. o Howard Graham, 9410 SW Lakeside 'Drive Summerfield stated he is President of the Summerfi eld Civic Association. He commended; NPO #6, NPO #3, and Randy Wooley for their work on this complex issue. He advised that' Civic Association 'favors the proposed amendment. Hehs pokes about lthe residents who< would be adversely affected and recommended giving consideration to them where possible. Y t o Richard Watson, 10290 SW Highland Drive, representing Summerfield, advised the community supports the proposed Transportation Map amendment because is offers a balanced traffic flow for the area. He discussed traffic problems concerning SW 109th and the Naeve. He favored leaving Naeve Road as it is. He commended the'NPOs and City staff for their traffic problems. the finding solutions to te efforts � ' Sue Kasson, NPO #6, urged approval of the proposed amendment. She stated that it was exciting and interesting to work on this Transportation Map amendment. She brought up the imPortlEICe of notification to all residents' who are in the subject a She explained that those who do not receive notices early 07) were likely to be upset about not being included; in the process. Jim Hughes stated he was representing Dorette Ristig, her sister and the estate of her mother. He described the location of the property his nd. explained how it would be affected by the proposed changes. Heasaid his client was concerned about future r 9 utu a of her property, and he stated that her options would be more limited. He p� o1nted out some draw backs to combining property with adjacent property owners to make them more marketable. He did not favor leaving the design of the roads up to Triad or other developers. d that some g Commissioner Fyre expl ai ne ome of the issues Mr'. Hughes was discussing were not part of this hearing. There was discussion oc concerning the process for gathering p ubl ic input Prior to the actual design and construction. City Engineer Randy Woo' ey advised that the. Transportation Committee and City Council would be involved ill public hearings to determine specifics and funding. OPPONENTS o Ferd Wards n, 21510 SW Johnson Ruad, West Linn, stated he owns property off of Sattler Road. He was not in favor of or' opposed to the proposed amendment He was concerned that he had not received some of the regarding anents meets n g notices. He expressed concern re ardi ng the street impro�e which will r' p obably cUt through his undeveloped property..;. NING C0 * IS U . PAG PLAIT SIGN N�IN , J19LY , , Clyde Roark, 15371 SW 114th Court, #108, Tigard; pointed out his residence on the map. He said he opposed the street changes as they would increase the traffic that will occur next to the Fountains Apartments. i He said any division of the Luton property, which i adjacent, would compact and compress traffic against the Fountains Apartments. Marge Daven art 15100 SW 109th stated she has been a long-time -tim P � � g e NPO #6 member. She said she was originally, in favor of the proposed changes; however, she now feels the plan is premature. She discussed the proposed traffic level increase estimates, the steepness of the hill, and the overall safety issues. She suggested it would be better to wait until development occurred to determine what the demand was before deciding' about the Transportation Map changes. John Slaughter, 15055 SW 100th, Tigard, pointed out the location of his property on the map. He stated his opposition to having his right -of -way taken by the street improvement. He discussed the dangerous intersection at Sattler and SW 100th. He did not favor the Commission approving this proposal without knowing where the street would be located. REBUTTAL o Sue Carver, NPO #6, spoke again reiterating the goal of sharing the burden of the traffic among the neighborhoods equitably. PUBLIC 'HEARING` CLOSED Commissioner Boone sympathized with the residents who would be adversely affected when streets are constructed. He stated he did not find the roads. in Tigard dnclnducivl to good circulation in and around the Ci y He said the t solution to some the problems, e y Property but it would adversely affect at 1 a goo least six ro er y owners. Therefore, he was inclined to vote against this proposed amendment. Commission Saxton said he appreciated the concerns about safety issues street changes. He suggested .g A y affect by and sympathized with ro t ownwouldhbe��referabldvehowever to affected • � s go preferable, the traffic issues. He wait until level o nts o � n before addressing th � not general concept favored the g t of connecting the streets to improve p circulation. E ommi ssi oner Moore pointed out that the 1 i s general an a l h p guideline to o solve th P e traffic problems in and around Sun nerfi el d. '° He noted i t does not change any of ` the zoning or affect the bevel opment Code. He favored aPProving the, amendment. Ommi . , C `ssioner Castile discussed the Triad development and the property owned by the Lutons. He sought clarification from City Engineer Randy Wooley regarding future development. There was discussion and City Engineer explained the puhl is hearing process for development to occur. Commissioner Castile stated he was in 'favor of having an access onto Pacific Highway and approved of the amendment. PLANNING COMMISSION MINUTES - JULY 22, 1991 PAGE 4 Commi ssi ones. Barber, advised she found '.the ;:amendment would . be a' • better, an :than' the current' one Shei comrm'nted on :.the =.increased` traffic' that all 'Tigard. retidents ' were experi enci ng. She coml�ended, those who , Worked for to long . , to ' devel op this.i pl an: She said she. ' was i n .favor of ;the amendment. President . Fyre agreed with` Coinmi ssi over ',Barber that the amendment would, be, an improvement over the curr, •ent 'pl an. He 'shared' hi s :concern about keeping the traffic • ,from increasing, In Sunierf.el d.. He'discussed ' the traffic impact on the ,residents of the; Fountatins Apartments. He; said he was in favor of the proposed changes .to the Transportation Map:. He • commended the efforts of the .,NPO and: Staff, 'in n thi s study:. • Com issioner Barber-moved 'and `Commissioner Moore seconded to recommend to the City Council approval to amend the Comprehensive Plan Transportation Map, and that the final sentenceiof'Note 10 be deleted, as recommended by NPO #6. Motion carried by majority vote of Commissioners present, with Commissioner Boone voting "Nay.' Meeting ng Recessed - 9:12 Meeting Reconvened 9:17 6. OTHER Comnissioners discussed absenteeism and established rules. It was agreed that 3 unexcused absences in a row would result in a request for resignation. It was the consensus that the Commission President could excuse absences for legitimate reasons, such as illness. Associate Planner John Acker said he would check to see if there were any rules already established prior to adopting the new ones,. Commissioners ,signed a • card expressing' appreciation to accompany the gavel which will be presented to Former President •Moen at the next Planning Commission meeting. President' F y re asked for v 1u steer tO fill' Comimi ssloner Cash 1 e s posi tion representing • the Commission on the Transportation Committee. Commissioner Moore ' volunteered to take on this responsibility. • • • 7. ADJOURNMENT - 9:30 PM ormsslorr000mmonur Ellen p F ATTEST: 1i l t'' Fyre, Pres { dent` x, Secretar, PLAFINYNG CDMtfISSION MINUTE JU% ! 22 1991 O E 1-, J STAFF `'REPORT' JULY 22. 1991 - 7 :30 TIGARD PLANNING COMMISSION TIGARD CITY HALL — TOWN , HALL 13125 N.W. SHALL BOULEVARD TIGARD, OREGON FACTS 1. General 'Information CASE: Comprehensive Plan Amendment CPA 91 -0002 REQUEST: An amendment to the Comprehensive Plan Transportation Map. Reeve y changed to Street, currently a ,minor collector, would be c a local street designation. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street to Pacific Highway; the extension would curve across the south elope of Little Bull Mountain, crossing Reeve Street west of The Fountains condominiums and meeting Pacific Highway oLopo site the existing intersection of Royalty Parkway. Also, a new minor collector street, labeled "Settler Extension ", is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. COMPREHENSIVE PLAN DESIGNATION: The area where transportation General a Medium-high, Medium includes and Med inchigh, Medium and Low density residential. ZONING DESIGN1TION1 The area where trans rtation amendments would occur includes General. Commercial. and Residential at 25, 12 and 3.5 unite per acre. APPLICANT: Neighborhood Planning Organization #6 OWNER: Various Sue Carver, Chair 10155 S.W. Hoodview Drive Tigard, Oregon 97223 LOCATION: The area where the transportation amendments would occur is venuel,l bow dock Street Pacific WCTM 2S1 10 AC,' AD, DA, DR, Dh by Highway, Durham Road, 100t g y C Avenue. and M i. and DD, and WCTM 2S1 11BC and CB) Eackaround Information On 990, the Tigard City Council authorized Neighborhood ningber ganiza NPO) #6 to initiate consideration of a Planniaq O�: p Plan Anendmen ansportation •issues in the area t focused Com rehen ®ve Oh tr of HsTfl., '109th Avenue and •Naeve Street. Subeeggently, the Tigard. Engineering Department developed,, several. p ded b Pacific Highway onthe k conceptual land fora street • system in the stud area. The stud are was defined ad; the area noun y g �iraest, Murdoclk Street, on' the north, 160th Avenue �on the east' ld and °v►elo .ent yin the south. de e �u�er� e Pm N cub e Pt ions at their m eetinge in t Ia rcha,, nAd p parirl t aid Tartay e e 19 91. Af f ected owners wer a invited o aten d discussion®. Followin q decu seion a the Ma y meetin g the !,,NPQ vot is d n Staff Report CPA 91 -0002 • -J to initiate formal conei.deration of the specific Comprehensive Plan Transportation Map amendment proposed in application CPA 91 -0002. Vicinty Information►' rt ation Map, Naeve Street is Comprehensive P an 'Tr ane p On the existing Coagpreh 1 Po designated as a minor collector ollector street between Pacific Highway. and 109th Avenue. Battler Street is designated as a minor °ollector street east of lOOth Avenue. These two minor collector streets, ,along with Canterbury. Lane to than north of tits study area and Su lnerfield Drive to the south, provide primary access routes to this area under the existing plan., portion of the study ea is designated for low In general, the easterly po The westerly ps'ticn is designated, f�+r' density residential development within the study Hansa have multi-family residential development with some comet Pacific Highway. A number of large . parcels with potential for redevelopment: Proposal Information The NPO and others have, been concerned about potential traffic impacts of future development in the vicinity of Little Bull ' Mountain. Sp ecifically, cly, there e r that future 'development will result unacceptable levels 1.8 concern �f f is in the areas! of existing residential develo F � nt. There I I is also concern about'. - prevision of adequate safe access to Pacific Highway. This proposal seeks to address those general concerns by changing the dee e Street from minor collector to local street and by i ation of Nac3v, adding an extension of 109th from Murdock Street, to ,Pacific Highway and a between lout Avenues north of The connection ' Hoodview Drive. hand 109th new connections would be designated minor collectors on the Comprehensive Plan Transportation' Map. Attached exhibits A and nd the map a respectvely, the existing, Comprehensive Plan Transportation Map and appear if this proposal is pt ado ed • 5. Aae ncv and Npo. Comments NPO #3 has ho objection to the ro sal'but has the following omment: The g is . Hi hw c should be from Murdock street ._ to Pacific g y � _.....extension - -of 109th , constructed,-as • a - single , unit - when - development occurs. NPO lso when #3 .a alto suggests that Naeve Street be closed at Pacific Highway extension le constructed. sal but has the following comment: The CPO �4 has no objection'. to the proposal extension of 109th from Murdock Street to Pacific Highway tier should be g cted as a single unit when development occurs. The cc�n ®tru n extension should also be constructed asia single unit when develc t occurs in that vicinity. Portland General Electric, Northwest Natural Gas and the Tigard School District have reviewed, this proposal and has no objections to Tualatin Valley Fire and Meecue has reviewed this proposal and has the foliowing . comment: The fire dietri c t agrees e e® with the plan amendment they, however, propose that 109th be left open. The Tigard Water District b j ectiOf , to proposal but ©akee the comment: The water dis the 0 following comas line running acif is Highway to SW 109th on SW Naeve S greet. ere are three inch from P 9 one.to,The Fountains , and one each to houses on t Th . services off that �.ine, the co W R 109th. corner of SW Native and Staff ;Report CPA 91, -0002 The Tigard Police Department had no,'objectionsfto the proposal but makes .. . the :'following comment: Leaving an ©lPen intersection at Native and 109th is, vital for responses. in and out of the area. The Engineering Department has the following comments: ion' t+ia as WO ©u rt the, ,revisions to the comprehensive Plan TransPOrtat p raised ' by rcu n in proposed by 4 #6 • P iz c3.rculatio and � P plan adereeees� Concerns traf 1 'Provide The Plan wil a prow � the neighborhood. The ',p nt ro sale , in the area of 109th 'others in conjunction with past develoree p po eve Street• and , eta tied streets and ;proposed Note 10 sei.Ves,to clarify the route® of the propo t understand the reason we'eupport this - revision too. However,'we do no final. aentence in the proposed note; the Bent nce which the east are, for hathe 09th not be ope devt o portion of d' refer to see the plan for 109th implemented learly need until props as early , developed... We;woul p rtant to amp as Possible Completion of the 109th connection is impo balanced traffic circulatiOn for .th d Bombe rhood, (2) emergenc vehicle acoese n Little Bull !fountain rfield. and, the :-goals of { between 3) discouraging of through traffic between.Haeve Street and Snmmerfield.. n of the amendment as proposed by The city recommends adoption eed Note 10 The final. Sentence #6 ' except for the final sentence of propo is recofanended to be deleted. Other comments had been received at the time this report was written.' NO FINDINGS AND CONCLUSION Goals 1, 2, 12� and case are Statewide Planning 1, • Go i 1 1. �. a. 8.1.1, 8 1 Z. and The relevant criteria:. in this, City 'of Tigard Comprehensive Plan polices 1.1.1 a., eg applicable Community Development Code sections related. to legislative plan amendments. staff concludes that the proposal is consistent with the applicable ,Statewide Goals based on the following findings: Goal 1, Citizen Involvement, is met because the city has an adopted review of land use applications l • program which includes 5 citizen involvement p ogr In addition, this ropoeal will ons. by neighborhood planning organisations. be reviewed in public hearings by the planning Commission and by the City ion is publicized. P pe notification all Council for which Pro Per notificat iel niet because the City has applied statewide Planning Goal s, City Comp ' is ci sal,' ��g' Lehensve Plan 2. Use P1 � Policies, and relevant an Goal 2, Community Developn P po ant `Code requirements in th® review of t the cit has ad use th Y opted 12, Transport � polieies, ation, is met because network 3 related to impreving the transportation with othe .nvo.ve continuing coordination of transportation improvemei Staff concludes that the proposal. is ,consistent with the city's acknowledged an based on the fo�.�.owing findings; muse the proposed amendment to the 1. policy 1.1.1 a. is satisfied bec dom rebenaive :Plan will not affect compliance of the, City's acknowledged Plan the Statewide Goals. Organization anon 6' Plann g g Policy 2-1-1 as satis£iec���;�, because Neighborhood Comprehensive P1 staff Report CPA 91 0002 3. paii,cy , 8.1.1 1.6, satisfied;, because the ,propoged,,,,araeiradeenia to the troehaedwnaiyilf, esi'rPoltenem7,Challatel,P6inela,,e 7Reitic°utri4:61)tP., atillitadt,:ffuotr:t4ra4sarife:!'idalat.d;eff,ic:*erlt: street and a d on the fin Planning commie° 02 1 comaNDAriell cAnc'lusion ®, stated'' `abo;;0.,IitclhaetiPolnalmtori,nagivtnevvdik,liohef :rcomppe:Ltiw`u"'-' rreeihhn e-egrill:Dgie-iiivvv:esiglip'ipiicloarirliliaaldiisiTnuyrrtgeAmeatietheints4I''pontaltalmtidtcictomme,",°1:loCri, maip°triaart aestr w'heof:1141:ava": dtd4,13eal::rt9ehr.elrat' it' aoattuillned:seinlir:;:tel-!tn14:1:-L-talt.);"'.---Tohftf would rids that, be, Cause 1 ' implemeatilic1Ign of %41 8eA........ridie that the P axle - a. 91-00 , , - the transil°rta eilfjic)/1 portion of bthetiseerendment'i'r the Rialrfet77:17 tet--011c2-3Neol-iteY-sf;.60 109tA Avenue elct d be delete. 1 , LEGIBILITY STRIP' O:rd narnce_ No . 91 -13 Map ado ed b6= /11:/91 a"or Co .l l e c t o Minor: Col =lecao NOTE: Study area map only for r inn Lull- rCe_ 91 -13 81gltol 'Iota 1 -maps rprata.- tsttao cuipf 1;ed iT tl►e. City f. TIgard o£tti:t.�` Cao4re- pile IIfsrmdtiaa_Syat.ri CIS) oaf toot'.. Isfar- motion partroyad oars ray iatiad.0 to is rood with o4ditiaaal 4 R T H ' tacioical totior ietorpr.totirt dot. ai d.torminai by ® tic City af: T11ord {tiPTIIN101) 101 (01111/11 -) LEGIBILITY STRIP' GAARiDE ST. Propose Revision To Campreiensiv Plan. Transp0rtati Map fete &'as &spretea- titian _tiapilei by tha CUy at 11 safe et!" litt' iastra. phle _le faraettaa- 4$ataa ;I0= eeftei:rI lifer wet -tei par.trssid here J J ` ray ba__ i.t tit eae to ; l.e' read.vtitb Ndilioeai -` jack. rest .eadler interpretative dale..__ es eat oral nee ,A) the ire'. -(ii P t t.I!i het - (01/1e[11} was item } COMPREHENSIVE PLAN TRANSPORTATION 4 MAP NOTE cholls Ferry Road, to be realigned to connect with Dames Road;" Study area to determine a future connection between the Walnut /132nd, intersection. and .the Gaarde /°i 21st intersection. A major collector extension rtof aarde SS rreettas : been recommended by the Northeast Bull Mountain Transportation Study Report. An indirect connection of minor collectors has been recommended by NPO #3' Approximate alignments are shown for the extensions of 132nd Avenue south Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west of 132nd Avenue. These streets are to be designed as minor collectors with a design speed of 25 m.p.h.. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rock Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. Study area to determine the alignment of connections between Highway 217, Kruse Way, 1-5 and the Tigard Triangle. Connections between Hunziker Street, Hall Boulevard � at O'Mara Street (generally) and Bonita Road. Study area to consider extension of Hall Boulevard southward to connect with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) 10. An extension of Sattler Street from 1 109th Avenue OOth Avenue to 1 intersecting 100th Avenue at a po int approximately 200 feet north of the existing Sattler ; Street intersection: An extension an d . realignment of 109th Avenue south of the Sather Street extension, to intersect Pacific Highway at Royalty Parkway. The realigned 109th Avenue shall interject Naeve Street at a pent approximately 250 feet to 450 feet east of Pacific Highway. o ing, f 1o°r Av `ue t thp top p Id b contigeritrSo de el p nt the opertyds to 9tI u yu._• �wqr MEI CITY with the understanding, that" a financial review 'Wilt° ;be conducted on each franchisee's business., RESOLUTION NO. 91 °40 A ` RESOLUTIQN OF THE (TIGARD CITY; COUNCIL 'INCREASING GARBAGE 'RATES DUE TO DISPOSAL SITE FEE INCItEASES. . n. Motion by Councilor Johnson, seconded by Councilor Kasten, to adopt Resolution ` No::; 91-40. The motion was approved by a unanimous ° vote. of . Council present. 1.4 74.4. E ra,t_ el 4 The public hearing was - opened.'' • There were no declarations or challenges. c. Community Development Director Murphy gave an overviewsynopsis of items 6.1, 6.2 and 6.3 noting how they were connected. Senior Planner Bunch reviewed each of the components as they were presented in the staff report submitted in the Council packets. .1 Comprehensive Plan Transportation Map and ,Associated Policies A. revised Comprehensive prehensys Plan Transportation .Map was prepared as part n the Public Facility Plan and Tigard ' a . p Com rehens�ve Plan C Periodic Review. In addition to the ma revisions, four transportation. Comprehensive Plan Policies proposed p s, there area p posed for adoption. The policies were developed to support new Plan olicies p. the Transportation Map. The Map implementation of .' reflects all ot�e changes�in the area's road network includin g completed projects and legislative changes made Nap n adopted in 1983. Also, the map refines es he was "Nodes" and . b the City Council since associated "Notes" into more specific study areas. Public Testimony: Jim Tyson, Rt.' 3 , Box 464, Hillsboro, OR 9 -'7123 advised that he owns property at 11639 E.W. , Pacific Highway in Tigard. He cited concerns that. the value of his property would be damaged if the State Highway (ODOT) should decided, to widens Highway 99w. COUNCIL MEETING MIN: �tE11. 1991 PAGE 6 Mayor . advised that', a Highway 99 widening project was not in the Comprehensive Plan. He advised that the Council 'would be appointing a.' Task Force{: to study the ' Highway 99 widening project and'; .there would be opportunities for public input. Mr. Cal Woolery, Chairperson MPO 7 12356 S.W 132nd 'Court,' advised of " NPO "7's , concerns with Transportation Plan in the Bull Mountain area. He said there was a need ‘t� assist the internal traffic circulation in the area by strengthening and creating a better infrastructure. Community Development Director, during his concluding' remarks, agreed that this was a study area that would need to be resolved in the near future. Larry Bissett, 2004 N.W. Irving, Portland, OR advised he was representing a 75- member committee'; known as the Committee for Transportation Alternatives (CTA). He outlined the concerns of CTA with ODOT's proposal to widen Highway 99W. He said the committee had been meeting for about 3 -112 months and have other transportation proposals they want the State to consider. Mr. Bissett presented a June 11, 1991, letter .from, Robert E. Freeman, General Partner of Western Investment Properties. Mr. Freeman, in this letter, expressed support for the studies proposed by CTA which Would include an overcrossing and potentially a freeway interface with Highway 217, connecting Dartmouth to Hunsiker Road, and Hall. Boulevard. I. Bissett advised that ODOT requires input from the CiY t. before they will look at CTA's proposals. He also referred to the State °s work on 217 and 1-5 noting that CTA•s proposal may be., foreclosed ff there is much of a delay. Written testimony received by Council; prior tO public included the following: ublic hearing June 11, 1991 letter from Jon Fess:er° 'to Tigard City 'Couficil concerning "oDOT's` Plan Widen Highway 99." June 11 1991 letter from, �u�, concerning the widening of Pacific "proposed in the Public Facilities TY, COUNCIL MEETING MINUTES JUNE et- .1 1991 ° AGE 1 Feesie ghway as (Note: Pacific Highway widening was not contained in the Public Facilities Plan` -- see Mayor's remarks above.) Staff and Legal Counsel Recommended: That Note #9 be deleted from the Transportation map. This Note, calls for a study of a Highway 217 overpass in the vicinity in the Tigard Triangle The recommendation to delete was made based on the ongoing litigation involving road improvements serving the Tigard Triangle area. Legal Counsel did not believe that it was prudent to make any changes with respect to the transportation element of the Comprehensive Plan as long as issues are being litigated. Staff recommended that the public hearing on this 'section P continued to August 27, of the Transportation Map be contnu 1991. The public hearing on this section was closed. Deletion of Note 9: , Motion by Councilor Kasten, seconded by Councilor Eadon, to remove Note , ,9, from the Transportation Map and continue the hearing on this item to August 27, 1991. The motion was approved by a unanimous vote of Council present. ORDINANCE NO. 91 -13 - AN ORDINANCE ADOPTING . A REVISED COMPREHENSIVE PLAN TRANSPORTATION MAP AND ASSOCIATED POLICIES, AND DECLARING AN EMERGENCY. Notion by Councilor Kasten, seconded by Councilor Eadon, to approve Ordinance No. 91 -13 with the deletion of °Note 9.11 The motion was approved by a unanimous vote of Council present. 6.2 Public Facility Plan Required as of the City of . (Oregon r�ehens�.ve � Plan Periodic Review C Tigard Copp w +Or Administrative Rules 660-110-000) The purpose of the Public Facility Plan (PFP) is to help ' supported to assure that urban d evelo w p " "� ent is guided and • by types and levels ©f urban facilities' and services for the needs and requirements d of the urban areas to be ,serviced an facilities and, services ate o that those p rovided in a tatel y, orderly and efficient arrangement.; The PFP is intended to serve as a support document to : the Tigard Comprehensive Plan and provide background information p aryl s that serve ertaxn�.g to p n ublc f CITY MINUTES COUNCIL MEETING �T aUllE 1991 PAGE "/r, RE'QT FOR ageanq . ' DATE: M: Tigard Planning ,Departmen Comprehensive Plan Amendment 'CPA 91-02 (/40° #6) A reenAgit to 'amend the Comprebeneive Plan Transportation Map by (1) danignati'ng rhY___1113'n!ti collector roadways in the Little Bull Mountain area as shown on =sc. u No.. 2 and (2) changing the designation of Nieve Street frgm minor collector to local street. (see attached material) - • , Attached '.1.0 the Site Plan and applicant's statement for your reviow. From [information supplied by various 61:Part:Dents and agencies and from Other information available to our ,litaff, a,report and recomMendation will be prepared and 'a decision will be rendered an the proposal $.11 the near future. If you wish to coniment on this application, we need your come:its by July 9,, 1991. You may use the sPacs provided below or attach a separate letter to return your cassente• 11-1,-M-ar unabl to ieaiOfld bv th&above _date,. Pleas° Phone the staff contact noted below with your consents and confirM your comments in writing ae soon as Possible. If You have any guestiOns regarding this matter, cantadt the Tigard Planning Department, 'PO Box 23397, 13125 SW Ball Blvd., 'Tigard, OR 97223. MOM: STAFF [CONTACI.i,';' John Acker PLLASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. please contact of our office- Please refer to the enclosed, letter. Written Coraalt:)nts: [ A ; ifAig 4k Ngisis of 'Person Ouommentisg: 1 Phone _umber: jz. 404 •• • • iJ tat. Hiahwav Division ,Tigard' Planning 'D REQUEST. PO R COMIENTS ATE s Julie' tr IVE, PLANNI i : NT CPA' 91- -0002 09TH .- NUE AND NAEV8 NPO #6 a .. recommending that , the Comprehenieive.. 'Plan' Traneportation Hap be revised by (I) -designating' new ,minor collector i roadways, n the Littler Bull 'Mountain; area as shown on Attachnent . C . 2 the following 'packet and (2) changing the designation 'of Naeve Street from minor, collector to local street, ...xi' tached is the Site Plan and applicantre statement for' your review., From information supplied by various departments and agencies and from .other . information available to our staff, a report and re on nendation will: be prepared and a decision' will -be rendered on the proposal in the near future. , If you wish to convent on this application, we need your comments by Ju 1.6, 199,.,1. You may use the space provided below or attach a separate letter to return your comments. • If vou• axe 'unable " o resno the above date , ple ase phone the .sta ff contact' noted ` note below with our camaents and confirm comments in writing' as' coon as possble. If you have any r eg as din this matter, contact, the T igard Planning Department, PD Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. . PHONE: fs39- 4171. STAFF 'CONTACTS John Acke PLEASE CHECK THE FOLLOWING ITEMS, THAT APPLY:, We have, reviewed the proposal and have no 'objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting Phone Number: bkm/CPA91 -02 . IIAH • July' 10, 1991 NPO #3 had a j o .nt meetir` July 2, 1991 with NPO #7 Whear a presentation on Iache proposed Transportation Plan Amendment to 'be presented to the City by NPO #6 ncluding changes in SW Naeve Rd., SW 109th and aproposal for new extensions from SW 'Royalty Pkway at Hwy. 99 and a new Sattler St. extension. We also heard presentation on Pd1 -B' Development proposal for development of the western 20 acres of the 40; acres of the former Bechtold property, with a 'subdivision proposa_ for 52 single family lots with the entrance on SW 132nd off walnut St. NPO #5 has been ,;working with the City on a''new RV storage policy including allowing in the Parking i front Yards of residential lots. Ron Bunch of the `City and fro y Craig Hopkins of NPO #5 presented this ordinance. There is an opportunity for input t to the Cit y at this time on this item. xc Mortensen, Smith went home ill NPO #3 went into their separate meeting at 8:15 p.me Those, in attancance were Porter, Bishop, Froude, Garner, (Hansen e � , ( and Root not present. The minutes of the last meeting were approved. Ron Bunch was there to discuss and receive input on Home Occupation ordinance. Martha Bishop submitted some suggestions and comments in writing. Herman Porter made the suggestion to allow a single employee in a home occupation. This ordinance has not been taken to the Plan Commission or City Council yet and there is still time for suggestions or discussion with the staff. Trans ortation Plan resented by NPO #6. NPO 03 VOTED UNANIMOUSLY TO SUPPORT THIS PLAN p P AS PRESENTED ON THE TISSUE SHEET OVERLAY BY RANDY WOOLEY. OUR MOTION " STIPULATION WITH THE ROYALTY PARKWAY EXTENSION MUST BE CONSTRUCTED INCLUDED THE i, DEVELOPMENT OTHER DEVELOPMENT THAT Ii. TOTAL IN CONJUNCTION ,� ITI� TRIAD D.��.�LOPIt�,NT �:OR ANY C? IT ALSO INCLUDED THE MUST MAKE �dI.�.JOI� IMPROVEMENTS TO NAEVE RD OR SW 109TH) . ALS CONDITION THAT SW NAEVE ROAD BE CLOSED AT HWY. 99 AND ALL TRAFFIC WILL EXIT AND EGRESS ON THE NEW SW EXTENSION, AND THAT THE ROADWAY THROUGH E ROYALTY P.ARI�AY E�TE THA TRIAD DEVELOPMENT MUST OPEN AT THE NORTHERN LOCATION SO THERE IS A THROUGH ROUTE FROM CANTERBURY HILL SOUTH TO HWY.99 AT ROYALTY PARKWAY EXTENSION. Regarding the M •B Development proposal NPO#3 VOTED UNANIMOUSLY TO RE UCH EST THAT THIS PROPOSAL BY DENIED AND ANY DECISION FOR THIS LAND OR ANY LAND WITHIN THE NORTHEST BULL MOUNTAIN TRANSPORTATION STUDY DEVELOP UNTIL MOUNTAIN UDY AREA NOT BE ALLOWED TO DEVELOP A RO AD ALIGFNENT FROM GAARDE STR�El TO STREET BE MADE PART OF THE F TIGARD. • NP PFEELSIIT IS THE THE S CNSY 0 TRANS RESPONSIBILITY OF THE CITY COUNCIL NOT TO ALLOW DECISIONS TO BE MADE ON DEVELOPMENT PROPOSALS DECISION ON THE ON ALS IN THIS AREA, UNTIL THIS ROAD ALIGNMENT IS COMPLETED AND ADOPTE D BY THE CITY. WE DO NOT FEEL THE ' -- DEVELOPERS SHOULD MANE COMMUNITY DECISIONS IONS THAT SHOULD BE 1 1ADE_ THROUGH THE PUBLIC HEARING PROCESS BY THE RESIDENTS OF THE COMMUNITY TOGETHER WITH THE CITY OF TIGARD LL i of NPO #7 requested that we have a joint meeting in' August to talk Bill Gros about Transportation issues common to both NPO areas. Regarding the parsons Annexation NPO #3 VOTED TO DENY THIS ANNEXATION PROPOSAL Rega g BEC USE IT IS . OT 01 0 RP L AVAILABILITY OF THE 1 T ANNEXATION 0 T I ALSO QUESTIONED,. AN THE ON .. E Y ES OF THE C7 ANNEXING PROPERTY NOT ('ON'�'TCTTnTI`k� Ow : RiTT,T� i+A0tt1'JT _r P .... a POLICIES UBLI� �R TO THIS PROPERTY R PIECE By PIECE ANNEXATION CITY' `NEED TO BE CTARIF�D IN NOT C ONT IGUOUS . Martha B'ishopreported about legillation passed in Salem that woi,ld not require a Vote of the people on Urban Renewgl Districts. • She stated only' 2 cities , an require She will get y f equine this vote know, Tsgaro. and Newberg.;:... ` ;cop.. o the bill • Meeting adjourned - submitted by Beverly FRoude: acting secetary. a. ;10 p} 1 Qx1EST FOR Tigard Planning Department cot NTl� DATE: Compre ionaive Plan Amandaaent , CPA 91- 02 (NPQ #6) . A request° to amend .th4 Compreh ®waive Plan Transportation Nap y ( y . designating 'new ; minor collector rcadwaye in the Litt ,e Bull Noasntain `area. ae shown oa Attachment No. ` 2 and (2 , . changing the des, ignation a of ; 'Naeve . Street . from minor collector to: local street;• (Ses'attached'materl.a? Attached , the Site Plan, and applicant • s atatemerit ' for your. r ®view. Fran ,nforawation supplied by various departs:Sntot and agencies and from other inforiaation available to our; staff, 'a report' `and, °recoaaiaendation will be prepared and a decieion will he rendored on the proposal in the near future. gf you wieb to , coramont on this application, ‘,$) need your, coaaraente by July 9, 1991 'You may use the space provided below or .attach a 'eeparate letter. to return your coarnaents. x f you . ar, le :to resound by the above date. pleaee phone the, ; etaf f contact noted blow With your ,e0 ianants and gonfizm your ` coOments in HOriting as :soon as. poeeible. It you have any questions regarding thie .matter,' contact the Tigard g .eP g 97221. PRONE: P3annin D artapent, PO Bo* �3�97, .13325 Ski Nall Pivd �, 'Tigard- �1R %639-4111. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS 'THAT APPLY: We have reviewed the proposal and have no objectioneto it. Please contact of our office. Please refer to th© enclosed ` letter. Written Comments: Name of Peroon commenting: Phone. Number: ..`. ID' Air •, - , MEMORANDUM I Y'OF -TIGARD John *Acker, P3.artning FROM: Randy WooleY, City Engineer f SU/3,IECT: CPA 91-'02 9 4 • • We support the revisions to the Comprehensive Plan Transportation Map as proposed by NPO #6. The plan 1;111 provide improved traffic circulation in the neighborhood. The plan addresses- concerns raised by the NPO and otherf3 in conjunction with past development • proposals in the area of 109th and Naeve Street. Proposed Note 10 serves to clarify the routes of the proposed streets and we 'support this revision too. However, we do not understand the reason for the final sentence in the proposed note, the sentence which requires that a portion of 109th 'not be opened until properties to the east are devealoped. We would prefer to see the plan for 109th :i.miaisamented as early as possible. Completion of the 109th connection is important to implement the goals of (1) balanced traffic circulati.on for the rteighborhood, (2) emergency vehicle access between Li.ttl.e Bull Mountain and Summerfi.eld, and (3) discouraging of ' through traffic between Naeve Street and Summerfi.eld Recommendation: We recommend adoption of the Amendment as proposed by NPO #6 except for the final sentence of proposed Note 10. We recommend that the final sentence be deleted. 4 rvi/cpa91-02 - • *. c: b r o #1 T LINDSAY HART ?DI LTiDsAY, HART. NEIL & WEIGLER LAts SurrE 1600 222 S.W. COLUMBIA PORTLAND. OREGON 97201 -66 16 ?Qzrtost (503) 226-7677 rAx (503) 226.769: Teasx'494 -77032 FEDERAL ID 93- 1034742. Febraary 25, 1992 SENT VIA FAX 684-7297 Tigard. City Council 13125 SW Hall Blvd Tigard, OR 97223 C,ITI OF TIGARD RRe: Comprehensive Flan Amendment 91 0002 109th Avenue and Naeve Street, (Transportation Map Amendment) Dear Council Members We represent Mr. Robert Luton.. fir. Luton appeared before the Council at earlier considerations of this same plan amendment: and was the petitioner in LW& #91-137 (combined for final opinion and order with L13BA #91-133). Mr. Luton owns approri nateiy 2i acres of couunercia1ly zoned F y � Highway and Naeve coned p�.Q ert at the intersection of pacific H�, hwa The proposed` road realignment, which we understand is s bst tially the outgrowth of f the Triad Development Company's proposed residential devel op m ent, will significantly adversely impact Mr. Luton's property. Dividing Mr. Luton's property with a road required to serve the res dentia1 development and the simultaneous down- grading of Naeve Mr. Luton's right to develop his property under the in Roan p�.l substantially adversely standards p P�3►" andards now In The taking of Mt. Luton's f .,. , 109th Avenue, as contemplated by the � ear proposed �Illetl,'teX3W�.0 i1 O also give rise se to significant Severance a damages and, in. all l likelihood, will render the P ro P erty unusable for any Gb rc iz ldevelopment . i thou h we are the g attorneys of record and have previous) with City ' ' Luton forte Y' wththe you this !natter, we did not tecei e duectly 've an. tics of communicated coucm later this evex�.3.n -' we ' attempted earl Set for �' notice h to reach l�Sac. Luton but .find he is apparently!' out of the state. We assume notice of the meet :�a►g Y residence a may have been sent to his res GE 00'2 w .J 1,6 1.gard City Col.'‘.cial.1 ruarY 25, 1)92. a.ge 2 EtGLEE Prior comintizants and the lack of notice prevent our i ,appearixic, besfoie the Council this etrening to express lir.,,,,Luton Lconcern sii laersoni. Erowever, by means this letter we are 'ireneurine all. of the objections raisad in our petition to 'zitnaA and those 1r tters previously raised by (r. Luton. or hte agents it. his esiclie: appearances and correspondeno with the City in regard to , this r roposal. ' We request this letter be Included in your record and „ we urge the Councii not to approve any Iasn amendment which down graties the cilesigliation of braelTe street, contemplates bisecting or taking of Mr. Luton tis comercial property. to iprOmote a rersidential development or otlherlprise adversely impacts upon his' 1.3.ity to ame and develop the property under the current (pre- tile i3roposfid amendment) ,regulations of the zoning code and comprehentive plan for the City of T.I.gard. Respectfully stibmi.tted, .40rf 'A-1-111 Ramis tobert Luton .1. es aan .11 , • • STOEL'RIVES BOLEY JONns a ENO.R.ANDH'M February 25, /992 TO: File, FROM Dawn Pavitt Triad Tigard Development, Inc. agd RE: De One Februar Plan �l992 I discussed the proposed City of Ti' and Com r dment and resulting roadway change with Mr. Dan Reard g p n g p tion Planning' on of Metro's Trans orta staff. Mr. Reardon informed me •that Metro would not: comment on, a rcacdway that would access 99W, since 99W'is a state highway. He sa� ses. Mr. Reardon did 4 an inconsistoOd between of d�ntOi�T i�as ,,ursdicti.on in thosethe proposed . � Y Y Y amendment and Metro °s transportation policies. On February 25, 1992 1 discussed the proposed amendment and roadway with Mr. Blair Crumpacker, a Washington County tr ans p orta ton p lanner. Crumpacke project is south east told me that since the of 99W1'and within the Tigard city limits, that Washington County would not comment. He said that Washington County w y on projects within Tigard' ould onl comaaent that were north -west of 99W and within the urban planning g g o nd.. ashington County. Mr. Cru p r a reement between Ti and and Y P p mac e did not identify any inc n tenc between the ro osed' amendment and Washington County's transportation policies. I a o f also spoke n Harold rw OD. OT e stroFelb) r. u a Hr' y w • 2 5 , 19 9 2 about amend ent and oadway project . ' e M Lade sa d that Tigard would need to follo th Access Dana emen P olicy and the Traffic Operation Analysis (sn tero s arrants for lae configuration and r traffic co also said that Tigard would need to design the intersection to tom- ODOT standards, obtain a permit fro�a ODOT for the work at 99W, and develop an agreement 'with oDCT for the maintenance and era iori o t ssa p al ,costs of any signal which might be nece Y'Y • Y _ i .. Y ° .. y . , o Y Ol ides ' table proposed ;amendment- andnODOT sntransportation olicies, nd did; not su est'an reason wh�� O.. W p p gg y y DOT might disapprove the proposed • intersection at 99. dlp0002 i75i61 '9 • PLANNI IR, JOHN ACKEI ITY OF TIGARD EAR MR. ACKER:, RECEIVED YOUR LETTER REGARDING THE PACIFIC .H I GHWAY ROAD. L I GNMENT, WOULD' YOU PLEASE ADVISE ME AS TO WHAT Rai GHTS OF APPEA NAVE OF THE COUNCIL DELI SION' AND PROVIDE . ME WITH ANY FORM i OR FORMATION YOU WOULD DEEII APPROPRIATE FOR APPEAL PURP ►SE'S Ir Robert 'Luton .0. Box 8041 Mack Butte Ranch, OR 97759 �8s Reogonee to letter received 8/23/91 Luton: ab 1 informed you on August 13, the City .Council decision on CPA 91 -02 is app peal period of 21 days from to • date of the ��peale n decision. Ordinance with an. approved f the Cit Council . a signed' August was a ved and e ed �n hug et 013, ;1991 CUBA offices are, located at 100 High Street NR Suite 220, Salem, OR 97310. Information can be obtained by calling 373 -1265. '1 have enclosed a packed of informational material from the LUBA office.. -Yf = can be of further assistance, please don't hesitate to call or write. ,':Robort Luton .O. Box 8041 lack Butte Ranch, OR 97759 . E: Result of CPA 91-02, 309th /Naeve r. ,Luton: s you ;requested, I am informing you that the Tigard City Council voted to approve the Comprehensive Plan Transportation Hap amendment proposal•(CPR 91 -02) in the, vicinity of 109th Avenue and Naeve Street. The proposal . was amended} by the design of this street may vary .led Settler Street Extension, to `state that adding language concerning t. g g y so oryafrom adopted City standards. I have enclosed a copy ' of the ordinance as adopted If I can be of further assistance, please call or write. Sincerely, J ►ugust 12,1991 City Council City of Tigard :City Council Members, I am the owner of approximately 21 acres situated at the intersection of Pacific ' Highway and ' Naeve Road. 1 am unable to attend this evenings Council meeting as I wi';11 be out of town. I have had my property listed for' sale for the past year and half. The property is zoned General Conunercia representative Robert A. Bailey a Broker with 1. The sales reAresentatave is Ro Bailey Real Estate- r. Bailey has indicated that, we have had many ` interested parties for purchasing the property for development but since the,NPO- the Tigard Planning Commission, and now the City Council have recommended that this property. be utilized for a road network to facilitate development of other areas of the city, those interested parties have lost interest in negotiating for the purchase of this site. Under the proposed road improvements on my property I' have been told by reliable th sources that property ` become . e virtually undevelopable e and therefore its value will greatly diminish In mY discussions ` City representatives they have stated that the City would purchase the pro t fair value when this road is constructed. Unfortunately, if the City plan is approved my cost of holding the property as well as maintaining the property (in conformance with City standards) continues to increase. Unless the City agrees to purchase my property shortly after Pp transportation P must oppose its adoption, the a royal of the trans ortat�.on lan then I mu as I will be provided no opportunity to market the property but my costs will continue. Should the Council approve the road transportation plan then' I would request that the Council instruct the City representatives to provide economic information that would provide adequate funding for road improvements in an expediant manner so as not to create economic hardship on any property owner such as I. I would request that the City have adequate funding to acquire all properties that would be adversely impacted by adoption of this plan. Als o, it seem s that prior to adoption to this p lan that the cost to th City, developers, and adjoining land owners should be considered to determine if the plan can ever be impletented in a feasible economic manner which will caus e the actual Y�p rovenent s to ultimately be constructed. c.: in. - , 1 e'. . uton an City: Engineer L. .1 • RUSSELL M. ALLEN DOUGLAS M. FELLA WS J. MILFORD FORD `THOMAS J. GREIF, P.C. WILLIAM P. HORTON FARRAND M. LIVINGSTON, P.C. DENNIS M. ODMAN MICHAEL P. RYAN J. GRANT MOODY TODD W. WETSEL" GAIL P. YORE FIAND DELIVERED Tigard City Council City Hall 13125 S.W. Hall Tigard, Oregon 1 E: 1 9t -0?'' 1 ALLEN, FELLOWS, LIVINGSTON ON GREIF IF ATTORNEYS AT LAW 800 American Bank Building EAST COUNTY: 621 SW Morrison 33872 PROCTOR BLVD. PORTLAND, OREGON 97205 -3811. P.O. BOX 1525 TELEPHONE (503) 224 -4840 SANDY, OREGON 97055 FACSIMILE NO. (503) 299.6663 TELEPHONE (503) 668 -8838 FACSIMILE (503) 668 -3102 "MEMBERS OREGON & WASHINGTON BARS August 9, 1991 CPA 91-02 Transportation Map Amendment for the 109th/Naeve Area Dear Members of the City Council: As part of its application for a Comprehensive Plan Amendment, Neighborhood Planning g largest the lac e new minor collector street, labeled Battle Extension" Organization WO) No. 6 has proposed a n We represent Mr. Ferd Wardin who owns g to connect 100th and 109th Avenues. • ... , , p �� p arcel of undeveloped property that the proposed Battler Extension" would cross if the proposal is 'accepted. Mr. Wardin did not receive not. ice of the NPO meetin g s wh ere the long range p lanning of the business address, streetsystem in this area was discussed Although a notice was sent to an old Mr. ldn ed by fire several years earlier received by Mr y ardin to advise him of the ar and was not - been destroyed ty y the NPO ever contacted Mr. that location had city th Wardsn No-one from the ci oo� from the impact the selected alternative alternatives being considered P ' to would have wool property. Mr. Wardin did receive a notice of the hearing held before the planning commission on July 22, voiced his opposition „ p posal. He has asked that the eff proposal. to the adopting .the :proposed. 1091: He attend attention his'•. concerns, and in particular ect of we call to your Sattler Extension. Mr. Wardin owns the Parcel of property that lies west of 100th Avenue, and across which the Sattler Extension would tin. 163 feet of the property fronts o Avenue, but 540 feet to the 100th des are on the , property, . .: 10 ltom P n west it widens to 328 feet: The property is 1300 feet deep. Tw ro -J • Tigard City Council RE: CPA 91 -02 August 9, 1991 Page Two Mr. Wardin objects to that portion of the proposed amendment which would require that Satter Street be extended to the west across his property and that it be classified as a "minor collector". The basis of his objections are as follows: REDUCTION IN DENSITY Mr. Tardin's property is zoned R 3.5. Harris - McMonagle Associates, Inc., a local engineering firm, projects that the property could be developed into' sites local access P 24 home sites � the current loc road requirement is maintained. requirement would provide that a road through the wide with a, 34 foot wide improvement rovemernt (asphalt), property would be 50 feet P If it is mandated that a road across the property be a minor collector, it must then be 60 feet wide with a 40 foot wide improvement. Such an modification would reduce the available <building sites on the property to 22. Mr. Wardin projects the actual loss to the owner / developer that would result from the proposed reclassification to be $120,000. And that does not include the additional cost that would be incurred by the developer to meet minor collector road specifications. This proposed classification will cost Ferd Wardin at least $120,000 at today's values. PROJECTED VEHICLE USE The NPO application projects that only 700 vehicles per day will use the Sattler Extension, even when thn area is fully developed. The application admits that "This volume is in the low range for minor collector streets and within the range of tolerable volumes for local streets." A range of 0 - 1500 vehicles per day is suggested for local streets. Minor collectors should have 500 - 3000 vehicles per day using the street. With the low number of projected daily vehicle uses, a minor collector is not a warranted classification for the Sattler Extension. Any road that may ultimately be built upon Mr. Wardin's property should be classified as a local street. There will simply not be enough traffic to justify a minor collector: STET ALICNNIENT Extension results itt a situation where the extension will not . Sattler Street as . The proposed location of the Sattler it positioned be m alignment with t is now positioned east of 1OOt1�t Avenue. Vehicles traveling east on the Sattler Extension will have to make a right turn when it intersects with 100th Avenue travel Sattler Street in order to travel south ion 100th less than 200 feet, and then maize a left turn on� laced further south travel on this or collector. If the Sattler Extension is ultimately p before turning left on to Sattler Street will on Mr: Wardin's property, • t will be even l nt provides as follows: .. Development Code relating to street alignment p less. The City Comrtguruty p � Tigard City Council RE: CPA 91 -02 August 9, 1991 Page Three Go Street Alignment 1. As far as practical, streets shall be dedicated and constructed in alignment with existing streets by continuing the centerlines thereof. In no case shall the staggering of streets making "T" intersections at collectors and arterials be designed such that jogs of less than 300 feet on such streets are created, as measured (Emphasis fxorn the line of such street. mphasis ,added) Title 18.164.030G The proposed revision relating city's code relating to street P g rop to the Sattler Extension violates the ase alignment. There would be a jog" in the minor collector of far less than the minimum required 300 feet. MURDOCK STREET ALTERNATIVE Murdock Street, a short distance to the north of the proposed Sattler Extension, would be a more appropriate minor collector if one is needed in this area. Murdock Street has already been y with 109th Avenue. dedicated and is substantially an place. It connects with 98th Avenue and east where it Tragic could. be routed. easy on Murdock to 98th, then south on 98th to Settler could continue south to Durham Avenue or east to Hall Blvd. on a street a!rcady designated as a minor collector. (This would require that the portion of 98 Avenue between tween Battler Street and Murdock be designated as a minor collector.) If Murdock Avenue were designated as the minor collector, it would provide a more naturally located collector for the high density housing through which it runs. ADS CENT DRIVEWAY A driveway approximately 300 feet long runs parallel to the north side of Mr. Wardin's property where it fronts on 100th Avenue. That driveway provides access to two homes on the adjacent property. proposed adopted, an unacceptable situation will result xoperty If the roposed Battier Extension is a wall resul wherein a 25 foot wide driveway y adjacent a 60 foot de dnvewa will access onto 100th Avenue directl ad "acerat to wide minor collector. REMOVAL OF EXISTING HOME If the proposed Sattler Extension is approved and the street is aligned on that portion of Mr Wardin s property suggest . suggested as "approximate" plication one to be remove oxamate on attachment hmenhave ter of the ap d. - Eventual r of the homes presently on the property cold development may require anyway, but it may be possible . yw :- for the y quire that ... The the house be removed �houid have the option of to .. represents to rexnaani�un hrou h the p g ' home and the heritage it represen would that decision To require that a minor collector mandate the g rtY would tnandat e ro e removal of the house. 2. Murdock Street and that portion of 100th Avenue between Murdock and Seder should be designated as a minor collector. Any road built across the property owned by Mr. likrardin should be designated as a local street. 6 RECEIVED YOUR LETTER REGARDING THE PACIFIC HIGHWAY ROAD ALIGNMENT AND WOULD APPRECIATE YOU KEEPING ME UPDATED AS TO WHAT THE PLANNING COMMISSION IS RECOMMENDING FOR THIS PROPERTY AND KEEP ME INFORMED AS TO ANY ACTION THAT IS BEING PROPOSED OR IS BEING TAKEN BY THE CITY. SINCE MY PROPERTY WILL BECOME IMPACTED FROM THE ROAD ALIGNMENT COULD YOU TELL ME WHAT THE CITY PROPOSES AS FAR AS PURCHASING THE ROAD RIGHT OF WAY AND UNDER THE PROPOSAL PERHAPS THE ENTIRE PROPERTY. HAS ANY COST ESTIMATES OR PROCEDURES BEEN DISCUSSED. COULD YOU PLEASE LET ME KNOW WHAT THE PROCEDURES ARE IN CIRCIMSTANCES OF THIS NATURE, YOU MAY CALL ME AT HOME 595-2130 OR CORRESPOND WITH ME AT P.O. 8041; BLACK BUTTE RANCH, ORE. 97759. 111 Lu Planning Dept • Tigard. City Hall 19126 SW Hall Blvd. 'Tigard,' Oregon, . 97223 Attention: . Jerry Offer 14962 SW,' 109th ,AVa . Tigerd, Oregon, 9.7224. July 99 1 RECEIVED PLANNING JUG.221991. Ike NPO #6 'Suggested revision of the Comprehensive Plan Transportation Map of the City of Tigard Dear Members of Planning Commission: 1 would like to go on record as opposing the proposed revisions to the Comprehensive Plan Transportation Map of Tigard to be presented for approval at your meeting on July 22; 1991. 1 would also like this letter to be reviewed by the commission and written into the record. 1 am a resident of the 76-unit Canterbury Woods Condominium complex on the east side e of 109th where it currently dead ends on the north side of "Little Bull Mountain ". I am not writing this letter in an official capacity. However,; 1 have been a board member of our association for the past year and I believe I represent the vie *point of `many of our residents. The proposed opening of 109th at the north end will very definitely impact our quality of life and the development of the Settler extension as a collector street as suggested would surround us with dense traffic so that we arse suddenly transformed From a tranquil treed setting to a busy intersection , 1 have followed the history of the Trisd development epplication' Year, att�hd of last y ed several meetings tin s and watched others on community-access television and 1 believe that these changes suggested now 9J are directly associated with that hat' evelo p men t at the same time appeasing the objections of Sommerf ield residents (who do have legitimate concerns). 'Last 'year 1 wrote letters to both detailing m.. Ft the Planning Commission and the City theCouncil th end particularly rearding 109th on g y J• opening north of adding more traffic and likely faster speeds on the rather hazardous steep and'cu'rVing 109th where it approaches Cahterb ury Lane. Our areas on the horth side of this, dead - end are how adequately served - -to ripen 109th would serve p no useful purpose for this `area. p� ur When the Triad project wasp turned dow i the Tigard City Council 11/26/`90, Page 11 of their Notice of Finial Order, ,a. During o earxn s re gar oeal� I �eca;l that the owner cf church property bor der.' i.ng the propceed� development, ®ffered to'�try`; to /13/7/are''' with .Triad a.` procdes of- attempting to work out direct:access' to 99W °t woui`d all till seem that if at °e`11 pooeib'le Beef 'Berid Road would be L i the beat solution" because -it is a iready 'set up f.or tra,ff c' 1ighte' and ,aleo offers an exit,' theti 'west as.,wel ash`' na.rth and south. Insofar' as an eastward ',access from the ,' &southerh :s `ope of the 109th` hill it would`' seem' more- feasible as ''well es`' physical an i easier process to open up Na av:e ° to ' the..a aet et%'.the foot of the °"hill when /if those properties develop. they are currentl y zoned for rpeld ®ncice ®tad a hopefully will stay :that' way. ,The, proposed .Satthei^ extension would cut through wooded areas," it is not now' do�dicated.' street and I believe should not become one." conslderE ti on to ." SAFECO INSURANCE -COMPANIES= LAKE OSWYECO • CMEGCN AM...,LUtdet' . „ They Th City Of Tigard ' has receiv.d your 1ett•t, dated ",401f 0, 1991, concarning pcopoilI: ComPreheniiiie P1An'''TiatiapOrtation ':HAP am.ndm.nt in the L.tttl• Bull •.Mountain ' :area (city fiLet.'nombor CPA ,Vaur'lettar-iiii.::he.'foitwardect to • the Plahniag. COmigleiOn and ,balcciata'plir'0 of the record or the Pla001u4.'COniatipOloitt hearing. H.arings fot this 'psognsal:ata acheduld for Jly 22, 1991 befor• the Plea elec. Caged...16ton and August 13'.befOketa the City Council. Both hearing. will b at Tigard 'Town '131;5 S.W. Hall Boulevard 'la „ . - If w. can be of further ateLeten6ei please' don't heeitete,t0'iirite or cali. . .. • • . , ,„ T I G ARD PLANNING COMMISSION C/O MR RANDY WOOLEY TIGARD, OREGON RECENTLY RECEIVED A COMMUNICATION INDICATING A ROAD REALIGNMENT THRU THE PROPERTY I OWN ON PACIFIC HIGHWAY AND NAEVE ROAD. THE PROPERTY ABOVE HAS BEEN MADE SOMEWHAT IRREGULAR FROM PREVIOUS ROAD DEDICATIONS TO IMPROVE NAEVE ROAD AND THE PROPOSED ROAD ALIGNMENT WOULD PROBABLY RENDER MY ENTIRE PROPERTY UNSUITABLE' FOR DEVELOPMENT BECAUSE OF THE ANGLES. WOULD WANT TO OPPOSE ANY ROAD REALIGNMENT THRU MY PROPERTY AS IT HAS BEEN MY INTENT ENT TO EITHER DEVELOP THIS PROPERTY COMMERCIALLY OR SELL IT TO A COMMERCIAL DEVELOPER AND THIS ALIGNMENT WOULD LIMIT ANY EFFICIENT DEVELOPMENT OF THIS PROPERTY. SINCE I LIVE IN CENTRAL OREGON IT IS NEAR IMPOSSIBLE TO MEET WITH THE NPO ON THIS MATTER BUT WOULD WANT TO HAVE THE CITY KEEP ME INFORMED OF THE DISCUSSION OR PUBLIC HEARINGS ON THE ABOVE PROPOSAL. UNLESS OTHERWISE NOTIFIED PLEASE CONS I DER THIS LETTER MY ION' TO THE P .. AT THE , PLANNING ROPOS�►L Cfi1h'IMISSION MEETNG AND HAVE THE RECORD INDICATE THIS OPPOS I T I O►N. • • go. July 8,. 1991: Sue .Carver Npo #6 10155 SW Hoodview Drive Tigard, OR 972,24 Re: 109th/Naeve Transportation Map Amendmen , • , At , the 'last meeting, the NV() added a.',Seritende. to proposed Note 10. The added zentence provides that lO9th should not be ope4ed,'ar; the top of the hill until properties to the east are developed It is still not clear to me why the NPO,' feels that ,'Open.ri4',".0f"3:09th',,, Should be -delayed. Because 1 do not understand the ,reaSOna,' 1 ext not able to support this added. , sentenCe. of 'the Transportation Map naraencinlen.t,. . . . . . . Perhaps at your July meeting the NPO Shou1d;clar, ify . ,reasons :,for recommending the added sentence, in order to be prepared to clefend the -repommendat,ion at the,Planning.CoirattiasiOn.hearing. If - the plan :'•,, for .1.09th as PropOsed is ,a ogpoa idea, why Should. it not be lini5lernerite4 at the time the ,orriad, property is developed? ,• If you need for me to attend your July meeting, please it raw know. Sincerely, , , , , • •. ' , • • „ , R.anc510,11,R City Engi. eer rw/carver c. John, Acker' Liz Newton 13125 S‘IV Hall Biv`dtdi RO. Bat 23397i Tigard, Orei:on 0223 ‘0901400:: 17 I 1 I • I 1 REQUEST "FOIE , CC}O TENTS a�! rir !Is' 'Tigard Planning Department COVED PIANNI Coraprehen®ive Plan Amendment CPA 9102 (NPO 16) !e requear- to amend the rehensive Plan ' Transportation., Map', by,' (1) deeignating new miner ' Camp , collector * roadwaye in the Little Hull Mountain area 'Ott' shown on Attachia ent 'No. 2 *' and (2)'' changing the deeignation of Naeve.. Street from minor collector to local street. (See attached''mater'iel)' ttached ill the Site Plan and applicant ' s statement for your review. Fran information Supplied by various departments' and, agencies and , from other information available to our :staff, a,;report and recoemendatian will be prepared and "a decision will be rendered on the proposal. in the near future. If you wish to comanent'on 'this application, we need your comments ° by July 9; 1991. ..rYou may usethe w space provided below or attach a separate letter to return your `consents. • ree • • •• nd t �.� d ; to leaee phone the ,staff contact, P. g noted below with you to and 'confirm your aoa nente :; in writing as soon as ��. COQKgen possibie. If you have any questions regarding this matter, contact the Tigard Planning, Department, .`PO Box 23397, 13125 SW HalI Blvd.!, Tigard, OR, 97223. PHOISN$ 639- 4271. STAFF CONTACT: John Acker ' PLEASE CHECK THE FOLLOWING ITEMS THAT APPIi : 'n objections We. have rew�.ewed . the progoeal, and have no j ect one to it. Please contact of our office. Please refer to the enclosed letter. Written Comments:! see of Peron Commenting: ' 2 L i Phone Number= ber: Cd'"l ! -r l' ; Ind • • REQUEST 491t ' MIME DA Tigard Plying Department ECEIVED P [ANNIN Cc.npreheneive Plan Amendment CPA :'91 -02 rsdaaeet to amend 'the' re ens Plan Transportation. Map by (1) designating. "new minor col lector roadways in the Little Bull Mountain , area as shown on ,Attachment. No. 2 ,and (2) changing , the designation of Naeve, . ` Street from minor '' collector to local Street. (see attached material) Attached .isi the ` Site Plan and applicant r s statement for your , review. From information, Cupp /ied, by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment ..on this application, we need your comments by July 9, ' 1991. ,,, You may use the space provided 'below Or !attach a 'separate letter to return your icomc ante. C,., v° „� _un to reeoo__�nd by the above datgs pleaee phone ` the staff Contact possible. lotiaTfiyouf hav►ecqued�ioaeoa�3.rin your comments in as "anon .ark Yo g regarding this matter, contact Tigard 'Planning Department, PO 'Box. 23397, 13125 SW Hall Blvd., Tigard, OR '97223. PHONE :" '639 .4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objcctione to'it. Please contact of cur office. Please refer to the enclosed letter. Written Comments: ware of Person Commenting: Phone Numbers 1 f 4' HEST Tiger ooil No. 2 and (2) changing a gn colloator to° loos]. street. (ses `atta!,hed "material). inning Departmen FO CCM1,12 AAT ECEIVED PLANNI re►heneive Plan, Amondm.nt CPA 91 -02 (11 96) A " arms reh�enaive Plan Transportation ,;,Hap► `' ;,i;by (1) ' designating; nee min actor raadwa a ire the ';Little Bull `l4ottntain area 'as' shown on 'Attact the � d ®i etien of , r`Naeo®! i Si�reet froia� a PO regaest to nd thy o LO Attached iss the ;� Site Piro , and' , applicant' $ L statement , for '�your'. , review. Tram. information eupplied .''hie various ' d� p tme nts and, ;agencies, , and' ;fray other information 'available to our staff, `,a report' and recc mandation wil]; . be prepared and a, decision will ,be..rendared <'on .the 'proposal in the near future. ` If ,you wi�eb to camiment ,on this application, `we need iyour comments by, July. 9, ;,1991.. 7ou: clay tees; the space ' provided ! below or attach a oeparate letterF to return your come ant . If won ,are: unable to _ra►aoon .,t,� o�g date..; please `phone the Staff 'contact noted belo* -with Your commsnts and. coffirm' your com ente in: writing as, saon'' ac ran' epible. If 'you have "tali qu ®stions regarding this matter, contact;' the Tigard Planning 1De i tment, PO Box 23$91, ,.13125 SW Hall ;Hlvd.4, Tlga4rd, 04 '972214... PHONE: 639- 4171., STAFF CONTACT: John Acker PLUSH CHECK THE FOLLOWING ITEMS THAT APPLY: XXXXX We have reviewed the ,proposal and have no objections to it. Please contact Of cur office. plea ©e refer to " the' enclosed letter. Written Comments: Name of Person Coant .ng s 721- 249 Phone Numbers J taChed, is the Site Plan and ail3pliCantisi , statement for your review. Frcm OgOrattation supplied by various depart, ments and ' agencies' nod, from J other r ., .. formation „ available to our.sts.ff, a repot and recomendation wLll F be prepared ,, a decision wil'l be rendered on the pkoposal, in the near, future. If you wieh .' aaialeat.,. on this application, we need your comments.,,br July 9, 1991.. Yoli:IsaY itee'the space provided below or attach a separate latter to return*yOue.cOments. , I1........L.,,,re .;1210_,..le_t_g_ketimd bath y the ;:iire 'd'atc_Li please, phone 'the, ,.etaff 'contact" noted be ow with your -comments and confirm I your convents in writing ae,:,tioOn 'as s."-;;-lik,,ifil, If you have any questions regarding this matter, contact the Tigard 1 ' ing Department, 'PO Box 23397, 13125 SW NallIElvd.', Tigard, OR 97223. PHONE:" '' STAPF CONTACT: John Acker PLEASE CIIECE THE FOLLOWING ITEMS THAT APPLY.. We have reviewed the proposal and have no ol:tjt3ictions to it. Please contact of our office. Phone Number: v • ECEIVED; MANNI REQUEST Tigard .Planning Departu ent . ppm CEI Casaprehene ivel Plan Amendment CPA 91 -02 ", (NPO � 66) A ;request. ; to , amend, the omprehenaive Plan Transportation Map . by, , �1} ' designating . ,new 'minor collector roadways in this Little mull:' Mountain aroa as shown on Attachment No. . 2 : and '' (2) '.changing. the designation' of, Naeve Street, from minor 'collector to local street., (see attached material,)'' Attached is the Site Plan and applicant's statement " for your review. ' ".'From information supplied by various: departments and agencies and " from `other information available to our staff, a report and xecodndation; will be prepared and a decision will be rendered on the proposal" 'in the near 'future: If you wish, to cement on this application, we need your comments by July 9,y 1991. You may uae the space provided *slow 'or attach a s eparate .letter to return your comments. If VO u"areun a. b e � 4..p Po. sh"wrie ngaas contact noted below with y our comments and confirm your co ntin w as riting n as possible. if y ou have any questions regarding this m atter, contact the Tigard Plannin g Department, PA Box 23397, 13125 SW Hall Blvd., 'Tigard, OR 97223. PHONE: 639- 41710 STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XXXX ; We have reviewed pc ions to gyred the ro aal and have �no object Please contact ; of our office. Please refer to the enclosed , Fatter. ._�.._r.. Written Comments: The Tigard Water District has a 8" water line running from ' S.W. Paci f iC Hwy. to. S.W. 109t,h. on S.W. Naeve Rd. There are 3 water services off that ;line . One to The Fountains and two to the houses on the corner of S .W. Naeve Rd. & S .W. 09h. Nacre of Person Commenting: Phone Number: ` (. 55' • PEQUEST "• DAT: rehensiVe: Plait Amendment .Cp.it-„03.=-02, qUe'sit conapociheilio.ve Plan Traneportatiofl !ap 1 by •'.":,.(i,) ••;:aseignating.,' new COlieOtOr, roadways in -the Little 'Buil.,HOUntaiit area aii.-ehown • on Attachment , No. 2 and ,. Changing the :.'det),ignatioit, of Naeve Street frodn ininor collctor to local .,etreet. :(1.ee..attached,•material):, Attached is the Site Plan and applicant's 'statement for your review. From information ,eupplied by various departments and agencies and frOm other inforwation available to our staff, a report and'recoasiendation will be prepared end a''•deciesion will be rendered on the proposa,l in the near future. If you wish to content on this application, we need your comments by July 9, 1991. You may uee the space provided below or attach a separate letter to return your comments. If o u ax_m_m__IAe above date please phone the staff . contact noted beloW with your consents and confirm your coMments in writing as soon ae poesible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall 'Blvd., Tigard; OR 97223. PHONE: STAFF OONTACTz John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: • We have reviewed the proposal and have no objectiOns to it. Pieaes contact of our office. Please refer to the enclosed letter. Written Comments: r ; e/t` ' r i • 441-e Name of Pereon Commenting: Phone flumber: ■■■■■*■•■• w BEFORE THE : `LAND USE BOARD OF APPEALS OF THE STATE OF OREGON Marge Davenport, Petitioner,, rs pity of Tigard, Respondent. ) NOTICE OF INTENT TO APPEAL LUBA N RECEIVED PLANNING APR 091992 Notice is hereby given ,that ' peciti.oner intends to appeal that land Use decision or linii.ted „land use decision ©f respondent entitled Ordtriance NO. 92- 07 - -an ordinance amending ordinance 91 -22 and approving an amendment to the Comprehensive Plan Map by' changing the designation of Naeve Street front minor collector to local and by adding a minor collector connection from 109th Ave burdock Street to Pacific Hi hwa Y oPPosite 109th y y y ion, between and avenues nett 100th Rd alt Parkwa and a local street con tween 00 North of Hoodview Drive. Petitioner, Marge Davenport en p ort is re pres ente d by self (unless otherwise notified). Respondent, City oi° Tigard., is represented by City {.Attorney, City Hall, . Tigard, OR 97223. Phone 639 -7141 Other p ersons mailed written notice of the land use decision or limited land use decision by City of Tigard, as indicated by its records in this matter, include: P 10920 S14 Highland Dr. Jere P 'Diller' Tigard, OR 97224: Resident, 15580 SW Pacific }i ghve.y, Tigard, OR 97224; `Thomas T. Roger 15518 SW 114th Court 60, Tigard, OR 97224; Melba Stanley, 15510 SW 109th, Tigard, OR, ; 972241dack Orchard, 1100 One Maine Place, l01 SW dais, Portland,, 97204; Vern & colleen Jones, 14320 SW 100th Ave. ,, Tigard, OR 97224; more Petitione Certificate of Service hereby certify that on April 8 1992 1 served a true and correct. 0 iu t Be. File indiction te Pkoposar Proposal vas Provided to D ° of,'��Adopted Action. ' (Check, ali. t4 at app1S nd Use New Land ,Use g,1ation ndment Regulation. Suniary of Adopted Action (A brief " description is adequate. Please avoi highly technical terms and zone code !abbreviations., Please do not' write "see attached."): Describe NOW the Adopted' Amendment Di ffets from the "N/A."): Proposal: (If it is the same, Write "Same." If it was not proposed, write If the Action Amends the Plan or Zone Map, Provide the Following Infoin&tion for Each Area Which was Changed (Provide ;a separate sheet for each area. Multiple sheets can be submitted as a single adoption action.' Please include street address whenever ,possible. Do not use tax= lot number alone.): Previous P1a� n Designation::. n:;� New= Phan- t D. es s i � ation :. . Location: Acreage Involved: Does. this Change Include a Goal Exception? Yes For Residential Changes Please Indicate the Change 1,71 Allowed Dens: Units Per Net Acre ear Dens Send To: Department of Land Conservation and Development 1175 Court Street, 14. Salem, Oregon ,97310-0590 Attach one (1) Copy of the Adopted Action to this Fora and/or three 1 Mailnd Materials and mpg, Larger than 8 1/2 by 11 Inches,. , MOTS: If more copies of this form are needed, please contact the DLCD Off at 373-0050, or this form may be duplicated on green paper. Vailhreft°1PrO*114i8 ''114)4a6-' of an adopted Plan or land use regulation Amendment results in an appeal period. Appeals, may be filed within 21 days of the date the proposal is mailed to Cite!). Statutes require Iflailiag within 5 days of the action becorning final (See OAR 660-18-040), , ' ro omprehens ive lan..,Amendment Land Use Regulation Amendmen Complete (A) for Text Arciendmente and (13) for Map; ` Amendments Summary and Purpose of Proposed Action (Write a brief description of the proposed action. -Avoid highly technical, terms and stating "see attached",):, For. Map Amendments Fill Out the Folio in or a each area be changed, provide a separate sheet if , necessary, ' Do riot' tax lot number alone.): Current Plan Designations '° k `Proposed; Plan Designat 440 Location: Acreage ' Invo]ved , Does this Change 1n'clude a'n Exoeptio For Residential Changes Please, Density in Units Per Net Acre; Current Density;' NOTE: If more copies of this form are needed, pieasecontact office at 373-0050, or this '.form may be duplicated', On green Please be advised that statutes require the "text" of os provided. A general description of the intended action is 1 sufficient. ,Proposed plan and land use regulation amenditiezi sent to DLCD at least 45 days prior to the final hearing une o,jec: • IJTTELSON & .ASSOCI RANSPORTATIQIN; LANNINC%TRAFFI 10 SW ALCERp SMITE.700' PORrLANp, ORECON 97205 Mr. ROss Woods Triad . Tigard Limited Partners h1 320' Andover :Park Fast, Suite' 23 Seattle ;'Washington 98138 - 20`7'0 IC ENGIPIEERING (503) 228'5230! FAX (503) 2734965 L1 Y UBJ ar To Tigard Apartments`Supp ementa raffic` Stun Kttelson' &, Associates, Inc.. has prepared a,supplemental analysis of 'thee potential traffic related impacts generated by the proposed Tigard Apartments on 3W. Naeve Street and 109th Avenue. his analysis takes into account the proposed realignment of 109th Avenue to Royalty Parkway, as suggested by the city ..of T gard, the proposed circulation of the residential area to the east of the proposed development, and the reduced number of Units i,n the development proposal Generally the proposed rchanges sn o the development and the_c3.rculation pattern will not e a any adverse traffic related impacts, nor wrill the distribution' of site generated traffic be significantly affected. A key finding is that the potential for Suinmerfield cut- through movements by site- generated traffic wi].1 be substantially reduced under the realignment The following pages present the details of ealgnment proposal. . the analysis for the changes mentioned above ile aPP reciate the 'opportunity to provide additional information and analysis for this Project. If you should have any ` questions or comments regarding the attached inf do not'' g' .. hesitate ormatzon, please hesitate to call me. noerely Wayne K.'Kittelson Principal • P EMENT TRAP Triad Tigard ' ited Partners ip 320 Andover Park Easy, Suite 235 P.O. Box 88070 Seattle, Washington 98138-2070 Prepared by: Kittelsan & Associates, Inc. 610 SW Alder Street, Suite 700 ortland Oregon 97205 (503) 228 -5230 0. 84 tt 0 m OVER - •WW' Kittelson & I Associates previously eviousl Y P re P pared a Traffic Impact Analysis, dated February 1990, .. (Reference 1) for the proposed Tigard Apartments configured with. 364 multi- family units, which identified the site generated traffic related impacts on the surrounding street system. This report was amended on March 7, 1990, in a letter to Ms. Suzette Fontana, by a supplemental e re rt (Reference 2) which re report responded to four specific issues raised by the City of Tigard: These issues were: Revise the traffic analysis to consider a possible connection of the two currently severed segments of 109th Avenue. Revise the traffic analysis to consider the effect of a full access drive on Naeve Street as opposed to the restricted tight turn onl y access evaluated in the original report. Consider the oten existing development to the south to use Naeve p till for e�astin Street due to the required roadway improvements on Naeve Street ulred roadw Assess traffic operations at the intersection of 109/Naeve Street for all alternatives. The results of both the original and supplemental traffic analyses revealed that the proposed apartment impacts on' the p development not cause significant traffic related vas,.: t develo went would n surrounding street system. One of the conclusions `ons of the previous reports was that under cumulative future conditions, the intersection of SW Pacific an d Naeve Street nagl "gnalized. The effects of this potential new signal were anal p need to be si gzed as part of a a th signal; system of signals on SW Pacific Highway, and. it was determine at adequate progression could be obtained. Since the initial reports were sub mitted, discussions have continued wi t alX ODI y alignment officials, and neighborhood residents regarding other road�ra options that snti • two strree alternati better serve the needs delis As a result of these discussions, t system alternatives I I ,. have been developed requiring some " m®difiea Lion ;to original site development plans. Y w Accordingly, this supplemental report has been prepared to identify the net change in traffic- related conditions likely to be caused by these proposed modifications. IWULArl'ION CHANGES Figure 1 displays the realignment ' of 109th Avenue as currently suggested by both Neighborhood Planning Organization #6 (NPO 6) and Tigard Mangle Limited Partnership. As shown in this figure, the northern .portion of 109th Avenue would be extended to the southwest in a realignment would Naeve Street. a curvilinear fashion to connect with SW This Yeah d bisect the project property, resulting in approximately 25% of the developable land located in the southeast quadrant of the parcel being separated from the rest of the property: Additional off-site street system modifications are also being suggested by NPO 6 that do not have an effect on the overall site development plans. Specifically, the 209th AvenuE 'Naeve Street alignment would be extended to connect Royalty Parkway, ' thereby providing signalized access onto and off of Highway Additighway, 99W. " ' onall,the west leg g of Naeve Street y would no longer intersect SW Pacific Highway ad, would terminate in a cul -de -sac ge Hz hwa and, lasts configuration to maintain public street access to all abutting properties. The location of the specific termination point of this leg of Naeve Street is nat addressed in this report. However,. the area between the termination point t and SW Pacific Highway would probably be abandoned or, at a minimum, reclaimed in some manner. Third, the eastern and western segments of Murdock Avenue would be connected to allow continuous movement along the full length extended westward would be eaten ward. to connect roadway. Finally, Sattler Avenue this with 109th Avenue as shown in Figure 1. Under the NPO 6 proposal, the east leg of Naeve Street would continue as currently configured and intersect the existing southern portion of 109th Avenue. However, the existing portion of 109th Avenu e between Naeve Street and the point where the new begins would be abandoned. realignment to the southwest be e The purpose of the proposed realignment of 109th Avenue and the various street aband • " .. ourag . from accessing Durham Road by travelling through onments is to disc` e drivers the 5 uimmerfield residential area, while at the sa=ne time. provide an oppartunit ► for the residents of the Suinmerfeld the north vellin to and . . 'area tra �' . '� � re access the e' .. ..zed "g. ay and ury purpose of the severe rntereectron of SW Pas�fic Hi hw �anterb �81ae. ;;'The • ARD APARTMENT a 1991_ , ; - identified avenue extensions is to promote good local traffic flow by providing convenient intra- neighborhood circulation opportunities to the local residents. LAND USE CHANGES Avenue results in a bisection of the propposed As mentioned above, the reahgnament, of 10Jth Triad Tigard Limited Partnership has prepared a revised site plan based 1�0 eCt • project proPe� on the identified realignment of 109th Avenue. This site plan results ,in app ` roxi ly 60 ma multi - family units being located on the southern parcel and 288 multi - family units being located on the northern parcel, for a total of 348 units. , This represents a 4.5 percent r of units assumed for the purposes of the previousiy-prepa1ed traffic decrease in the numbs impact analysis, reports. Accordingly, this change in site development plans results in a 4.5 percent decrease in the daily and peak hour traffic expectted to be generated by the site. The table below presents a revised estimate of the trip generation characteristics of the proposed; development using the reduced number of units. Generated Trips Land Use Multi- Family Housing Size Daily A.M. Peak Hour Total In Out P.M. Peak Hour Total Out 348 2314 182 • 3 76 .. considered development of In addition to this traffic, the previous reports also cone p xdered the tore nearby (but unrelated) properties that are designated and available for residential alevelopnient: The, remainder of this supplemental s lemental` report includes consideration of t ` a traffic as well. .. .. only upon additional 11. Thus,. the analysis reflects conditions likely occur ie re buildout of the site vicinity area There is some legitimate question as to the future di cv ,ribution of site generated c under odifications. On the one hand, there is potential.f ' tb►is affi the proposed a treet system in to focus 'its morning and evening peak hour activities toward Pacific, highway for' a l yr• • northbound and southbound Inovments (recall from the previous traffic reports that 70 percent of the site - generated traffic is expected to travel to and f rom the north during the morning ,and evening peak hours for employment and shopping opportunities). The proposed modifications to the street system support this trip distribution notion by providing more convenient and signalized access to P.R cific Highway, both at Canterbury Lane and also at Royalty Parkway. The results of this trip distribution pattern (in terms of net additional traffic on each road segment) are shown in Figure 2 for morning peak hour, full buildout condition,. If this trip olistribution pattern were to be realized, then the' net additional. traffic ypM impacts Of the new residential impacts on the local street system would be minimal. 'There is, however, the potential that traffic from the new residential areas would make greater use of the improved local street system to travel to and from the east. This could Road to,be faster routes occur if for example,' these drives found Hall l Boulevard or .CDur hamn to Ivy (and other northern destination) than Pacific Highway during the peak hours. For this reason, a second trip distribution pattern was assumed in which a significantly higher percentage of site gene Murdock and the Battler rated traffic was estimated, to make use of extension. The results of this scenario are show in Figure 3 and indicate that, even under this worst -case neighborhood impact scenario, traffic volumes on Murdock Avenue would grow by less than 20 peak hour (200 daily) vehicle trips, and on Battler load by less than 70 peak hour (700 daily) ve72ic1e trips., These volumes are welL within the threshold levels normally established for local streets and collectors in the Tigard area. From a traffic circulation perspective, the overriding benefit of the proposed street system modifiicati.ons is in providing a significant deterrent to short cut traffic by- passing the intersection of Pacific Highway and Durham Road. Attempting the short cut would result in significant out of direction travel an d delay for these motorists. Therefore, while the realignment of 1 Taeve Street does not prohibit the two neighborhoods (the proposed.' residential development and the existing Suxnmerfield neighborhood) from interacting, it does discourage non -local tr' c from short cutting through the neighborhood. T. SIC 07?EliATIONAILt far VlJC''T p Recaus+� the net effects of the rcr posed off" site changes are so em (in terms, oft the a bsolute number of site - generated vehicle trips), the findings and eonclusions assocaiated with the al c impact analysis reports are till valid. Thus* ail' . . or s ri ignalized d giie. (SCENARIO 1 - AM PE DISTRIBLITI N OF A AREA TRAFRC ilGARD APARTMENT JU1103 1991 . GARD AP RIME June 1991 �. nnsj,gnayie d intersections within the .'site Vicinity ` are exile acceptable.levelz of service during weekday zno eve' buildout, of the gate inn accorda .ce with the 'proposed, site assumed trip distitibutior patterns Forther, it is not a pected t in accordance with 'these plans will mate or':exacerbate: any on -sid problems. Therefore, no additional off -sit: transportation-re retie :ended. b. continue : opera gat � hours, even with f and . under either of tc velopment of the si or'.o = site traffic safety improvement ,€ire Kittelson , " Associates, �c.4 "� Apartments �a�aic Impact Analysis" 1990) Letter 4o Ms. Suzette Fontana firm Mark Vandehey 7, 1990) •4 4 KITTELSON & A O IAT�n�L/91 TRANSPORTATION IPLAP1 VINGITRAFF C ENGINEERING� 610 SW. ALDER SMITE 700 •'PORTLAND, OREGON 87205 • (503) 2285230 • FAX (503j12730169 June 26.,' 1991 ro ject No. a 54''7.00 Tyr. Ross Woods Triad Tigard Limited Partnership 320 Andover Parlc East, Suite 235 Seattle Washington 983.38-2070 N261991 E TIGARD UB CT: Tigard , Apartments Supplemental ; Traffic Study . is .. .. g I sear Mr. � g�� ods: itteison & Associates® Inc. has prepared a supplemental analysis cf the ,potential traffic related impacts generated by the proposed I Tigard. Apartments on 5.W. Naeve street :and 3.9 9th Avenue. phis' analysis takes into account the proposed realignment o ion of the rend by the City of 109th . Avenue to Royalty Parkway® as suggest Ti proposed,„ Circulation denial area to the ger+d® the , bast of the proposed development, and' the reduced nuaber of units in the development proposali, Generally, the proposed changes to the development and the circulation` pattern ill not result-in any adverse traffic related impacts, not will the distribution of generated _ . v . ments d � traffic be sign�.f'a.�antly of f cted A key finding by Site is that tae potential for sumrnerf'ield cut through ffio e. Site- generated traffic will be substantially reduced under the realignment proposal. The following pages present the details of the analysis for the changes mentioned above. . to provide additional inforanations ion for this prjt If you should- ha�,e any quest' We appreciate the opportunity and analysis ' �. � nts regarding the attache this project. �c � information �br coa��e '" g g attached , please do not hesitate to call me.: .ncerely° Qa ne I►. itittelson Principal IMPLEMENTAL M Thad Tigard Lhnitaed, Partnership 820 Andover Park East, Suite 235 P.O. Pox 88070 ttle, Viashingten 98138 -2070 lattelsoal & Associates, I .. 610 SW Alder Street, Sidle 70C Portland, Oregon mos (503) 228,5280 OVERVIEW lOttelson & Associates previously prepared a Traffic Impact Analysis, dated February 1990, (Reference 1) for the proposed Tigard Apartments configured with 364 multi-family �' ding street s which identified the site generated traffic related impacts ou. the =wounding system. This repot was amended on March 7, 1990, in a letter to Ms. Suzette Fontana, by a supplemental report (Reference 2) which responded to four specific issues raised by tire Cif ► of Tigard. These issues were: e the traffic analysis to cansider a possible connection cf the two currently severed segments of 109th Avenue. Revise the traffic analysis to consider the effect ofa full zcoRas drive on 14"aeve Street as opposed to the restricted tity,t turn only access evaluated in the report. Consider the potential- for eating development to the south to use Nam Street due to the required roadway improvements on Naeve Street. Assess traffic operations at the intersection of 109/Naeve Street for an l' alternatives. • The results of both the original and supplemental traffic ancilyses revealed that the proposed apartment, development would not cause significant c related baptist on the surrounding ; ng .,suet system. One of the conclusions of the previous reports w that under cumulative future conditions, t1 intersection of SW Pacific way and Nam Street may need to be signalized. The effects of this potential new signal .. were analyzed as part of a system of si on SW Pacific Flig h,a1 d it t determined that � ��Ign progression could be obtained. 4 Since the initial. reports were submitted, discussions have continued with City staff, officials, and neighborhood r dents regarding other roads eat o taons that p ' ti better serve the nee& zsf ail As a result of these discussi one, ;two► syste have been developr d hog some modification to ori. ' N doze en Accordingly, this supplemental report has been prepared to identify the net change in traffic- related editions likely to be caused by these proposed modifications. CIRCULATION ClitteIGES Figure 1 displays the realignment of 109th Avenue as currently suggested by both Neighl3orhood Plianriing Organization #6 L O 6) and Tigard Triangle Limited Partnership. As 'shown. in this figure, the nor portion of 109th Avenue would be extended to the southwest in a curvilinear fashion to connect wits. SW Naeve Street. This realignment would bisect the project property, resulting in ,pproxhnately 25% of the developable land located in the 'southeast quadrent of the 'parcel being separated from the rest of the property. Additional e -site street system modifications are also being suggested by NPO 6 that do not have an e on the overall site development plairs. S. ally, the 209th Avenue/Move Stmt alignment would be extended to connect Royalty Parkway, thereby providing signalized ass onto and off of Highway 99W. Ad&tiontdly, the west leg of Draw() Street would no lour intersect SW Pac Idxgh�ay �� instead, would termi.nate in a cul-de-sac configuration to maintain public street access to all abutting properties. The location of the specific tainnhurtion point of this leg of ]sTaeve Street is not addressed in this report. However, the area between the ti+on point and SW Pacific Iighway would probably be abandoned or at a minimum, reclaimed in some manner. Third, the eastern and western segments of Bilutdoek Avenue would be connected to allow continuous inovenlent along the full length of this roadway. Sattler Avenue would be extended westward to connect with 109th Avenue as shown in Figure 1. Under the NPO NPO 6 proposal, the east leg of .Naeve Street would continue tly configured and intersect the exist ng southern portion of 109th Avenue. However, the existing Portion of 109th 'venue between Naeve Street and the point where the new realignment to the southwest begins Would be abandoned, The pmvote of the proposed realigaineat of 109th Avenue and the various street • abandonments is to discou ,ge driven from accessing I:Iturham Road by traveiii4 thio u the Summerfield residential area, he at the tame time provide an oPportMaity, for t residents of the d �► and � . to the saga . , . d of the e In ion of Pa d& c and Canterbury �a purpose 4w identified avenue extensions is to promote good local traffic flow by provi dh g convenient intra-neighborhood circulation opportunities to the local residents. LAND USE CHANGES As mentime4 above, the realignment of 109th Avenue mutts in a bisection of the proposed project property. Triad Tigard Limited Partnership has prepared: a revised site plan based on the identified re ent of 1 09th Avenue. This site plan results in approximately multi -family units being located on the southern parcel and 2::: multi- units being :... located on the northern parcel, for a total of 348 twits. This represents a 4.5 percent decrease in the number of tents assumed for the purposes of the prev usiy 0 pregaured traffic impact analysis repizta. Accordingly, this change in site development plans results in a 4.5 percent decrease in the daily and peak hour traffic expected to be generated the site. The " the trip generation characteristics of the proposed take n� a revered estimate of development using the reduced number of units. Generated fps A.NI Peak Hour P. L Peak Hour Ltmd Use Sac Daily Total Out , Total In tulti� Family Housing 348 2314 182 38 144 220 144 Out 76 In addition to is traffic, the previous reports also considered the future development of nearby (but unrelated) properties that are designated and available for resicleutial. developiaent The remainder of this` supplemental report includes consideration of this additional traffic as well. Thus, the analysis reflects conditions likely to occur only neon buildout of the site vicinity There is Ernie legitimate question as to the future distribution ofsite generated. traffic and :r e proposed stree t system tean rao - ' ti . On the otda baed, thew poten tr to focus its tlorg . c �. � �... h. ..for all and �;� hour aetiv�a�es toward P'a f 7. �an NNx northbound and southbound movments (recall from the, previous traffic reports that 70 nt of the sit: �ne��ted traffic c as expected to travel to and .front the n o rth during the znorning and evening hours for ennploynnent and shopping opportunities). proposed Modifications to the stet systera support this trip distribution notion by providing more sent and eignaliied access to Pacific' way, both cantariaury Yee and also at 'nvesults of this , �oyoYty � trip die utieun pattern (in terms of nest additional traffic, on parkway.',, ch mod seginent) are shown iii Figure 2 for morning . g hour, fait buildout conditions ° this trip distribution pattern, were to be xealized been the net additional traffic impacts of the new residential impaccts on the le e& street system would be minimal, There is, however, the potential that traffic from the new residential areas would greater ,use of the inippoved local street system to travel to and from the east This could oocur it for example, these driven found Hall Boulevard or Durk Road to be faster routes to 15 (Enid other northern destinations) than Pacific this on, a second trip distribution pattern was assumed in which a significantly higher percentage of site-generated traffic was estimated to make use of Murdock and the Saltier extensiorl, The results O O . ° 3 R?i(r indicate '�lat, even under this ualts �f this s�sa�aram are shown in �a and d�a wt -tee neighborhood e�ghberlxood act scenario, trc volumes on Murdock Avenue would by lass than 20 peak hour (200 daily) vehicle trips, and on Sattler Road by less than 70 peak hour (700 daily) vehicle trips. These volumes are well within in the threshold �old levels normally ° established for local streets and lectors in the Tigard area. From a traffic circulation perspective, the overriding benefit of the proposed street system moddifications is in providing .�c ant deterrent to short cut traffic by the intersection of Pacific Hi way d Durham Road. Attempting the short cut would result u -;goificant : delay motorists. T ore, whale the out of d�na travel and del for these mo realignment of N Stmt does not rob bit t.he two neighborhoods (the proposed residential development and the existing 8u umerfieldneighborhood) from interacting, it does discourage non -local traffic from short cutting through the n '••ems laces. OPERATIONAL Ekla Because the net effects of the pro: ed off-site changeS are so small ( . number of site-generated vehicle trips), the • . • w dad usious asseeia on ... traffic impact ,.. analysis reports are e i t�l ".� . of the salute teal with the for signalited ant DISTRIBUTION OF , ITI TRAFFIC iF1g�a�r ' 11 �' APARTMEN T`S J e. 991 NI RIO A 1 ply . TRAFFIC . D A ?AR Arteri a; a o; of Iee =tor Collector Visitor eats l Aap rspra.oao- tail on gasyItea by the. CIE?,;, if Tlar4 rtJlitti,i Caaiie —I ti5e Isttarsatl is _Syalas•: -CIS)=- as.tiv rs. I�iar. iat'isa tartreyat`Iara ° ='" �;Y'll riiy_Y� Uploaded to is real •ith "atf4 itiaail;. ,,o 2 T taolaia■t tad /ar iatirprotitiia. is eatarsiaet ��.. the City. of Tiiar,d. s:` ttit t (IPTRMid!} ia! {0�`JiII 1} li MPREHBNSIVE PLAN TRANSPORTATION `MAP NOTE are a of the t; omprrehensive Pian Transportations Map and are' These notes .l' extent of "transp'Adatic direction w as IC the kind : <and' �r�tended to erf study' areas. IP. i �nriuch are to occur within the desagnat improv�?rrrertS Fe Road to' be realigned to connect..with Da4vi Road. Upon �Scholis � of �aenes Road Comet on of the reaiignment, the existing roadway _ .. e d . ' northwest shall become a local street; with a cul-de-sac terminus at i future conneccon between the Walnut/1 32nd Study, area to determine a ntersection and the G 1st intersection. A major collector extension . garde /12; intersection. the Northeast Bull Mountain, of Gaarde Street been recommended by a of minor collectors h�s Transpottatioon Study Report. An indirect connection been recommended by NPO Approdmate alignments are shown for the extensions of 132nd, Avenue, Walnut Street, and south of Benchview Terrace, south of r to nd .'135th Avenue soot a ;�, are Benchview Terrace west of 132nd Avenue. Thes designed i _ design speed +f 25 m.p.h.. - as minor .collectors with Stu "dy connection area to determine a connection from southbound Pacific Hig (99W) to Main Street. Study area to the a minor collector` street o determine the alignment of (1) ' Parkway near Red Rock Creek and the Dartmouth _ een 68th Pa y connection bet�v ' n between i�d Street ex#ens'son, Fund (2) collector street connection _ a minor venue at Hampton 'Street and the Dartmouth Street extension, within the A portion P westerly po on of the Tigard Triangle. Study area to determi a the alignment of connections between Highway 217; Kruse Way; 1-5 and the 'Tigard Triangle. n Hunziker Street, Hall Boulevard at .O'Mara Street Connections between (generally) and Bonita Road. Stud y area to consider extension of Hall Boulevard southWatd to conri with Boom Few Road in Tualatin for edh r pedesttrian orveii culat a w eA+vuy�i>I. 1::- IY:N.^JJVw [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] LEGIBILITY STRIP GAARDE ST �rnp =ose� Revision To �omprehensive Plan Transportati on Map U�t_tal 'lats_e sap rapraaaa tatl.a esaptia0 hT the City of Tigari.rtiiCtfa °j- Csagrat, pItte tofouiatIaa Syaiaw CtS) asftaaoa.. tator aaotiaa portrayal has* ►,�.:' I,1" soy -be iat:siad to by s of flail-= a4dit: autt', 0 .. T taohaicat iatsrprotattva'tata as Nt,a'►aalaal.` by -tka City .;f -tiger*. 'ttt�1= •_ {YP10tti!) $ t ($11/1$Itl) iW COMPREHENSIVE PLAN A TRANSPORTATION MAP NOTES' Scholis Ferry Road to be realigned to connect with . Davies Roac Stu area to deterrnine a future connec tior :, °between the Walnut /132nd . A major collector extension p' interse� ion andk�e : ward ® /'121st intersection. Caarde Street '.has been recommended by the Northeast Bull: Mountain Transportation Study Report An indirect connection of minor collectors has been recommended by NPO 3: " Approximate alignments are shown for the extensions of 132nd Avenue south Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west of 132nd Avenue. These streets are to be designed as Minor collectors with a design speed of 25 m.p.h.. n ee o Study area t o o determine the configuration of a new connection between southbound Pacific Highway and Main Street. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rock `Creek with the Dartmouth Street extension; aid with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. Study;area to determine the alignment of connections between Highway, 217, Kruse Way, 1 -5 and the `Tigard. Triangle. .a Connections between Hunziker Street, Hall Boulevard at O`Mara Street (generally) enerail and Bonita Road. Study area to consider extension of Hall Boulevard southward to connect Boons Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) 00th Avenue to 109th Avenue intersecting 10. An extension of Settler Street from i .. 100th Avenue at a point approximately 200 feet' north, of ;the existing Sather , 9. Street intersection. An extension and reali nn�ent of 109th Avenue south of the ; i intersect Pacific Highway at Royalty Parkway. The Sather; Street extension, to in realigned 109th Avenue shall intersect Naeve Street at a point approximately 250 feet to 450 feet east of Pacific Highway. LEGIBILITY STRIP' r dinanc a No. 9 1--13 Cap adopted 06/11/91 Comprehensive Plan T r anspor t.at i o• Hp Exhibit A Arterial l�a or Collector NOTE: _study are map only. for full map see Olt 9113.; digital data t sap r prases t(tlsa tooptlsd by. HI. City a( Tigrrd C.•gri pile Iaf.raet isa System CIS) software. later Reties partraysd_Isre -. I1 wsyds istsadid Is Is used with add i ti was, N O R T E tockaicul •alter interpretative -dell _.. et /atsrsis 4 by lb* City -at Tlgsrd_ Illd :', litfAi (11P110111 P) tt►t. {a4itat��. LEGIBILITY STRIP VIA Mg Mare i a ■A �r..,� . - M . 4 Ia Mt° &Tani ammalora um. 11±Era Nib ca Eaaaa "111 EOM ■ ■11111111■:i • ■/1:2 �i +1111 ■■r�. Asa saw tai NM mai m r- tiiir MIN MANN �"�r 'MN MIN /lllllllliii It *ttf111 0%,‘11\;713111MOTt rAtilliiI\‘‘ P:ttrt% 11111411 I •sue Vj gin j ■♦mill MEW .. il.... _LII����i���i .�.�r ■G N Dig Ital late t nip represents tiara- eempiled by lbe City et' tigers! utilising Geographic Information System (CIS) softver.. Isfersotioe 't1.�11 r portrayed Mere may _be intended ft be used glib N 0 R '1 11 additional technical and /or interpretative lets at determine/ by := tO•' +.� tis City of Tigard. ti��r.',..Lt�tY / (YPI49TMj BOO (0111'2 /II) Existing Street Systems Attachment No o® Arterial Major Colector Minor Collector_ 11111.1111'1111111111111 .a>•aa•i'.!4 C .11 tom.rmemm of -star __d am um owe IN - - - Mi' aim" !o' a; I mune: 11:1!111111 Otal LAIX0100 ■ ■L1 WV la I uiuI■ errs ,, }�' ='41 ■ mos %:■ ■r11�a>.e:� ..: ;,1.}11lpz1,ftt :tbe ■';►�r a 1111/161 este t tap reprises- tatisa ee•pfled by trio City of 71gerd atilltfeg Ceagra- �ife Infor•atlss System CIS) software. later- testis' gsrtreysl hors Noy be istasesa is be used with .dditiasal tsebsicel .adI,r iaterprststivi data is .ater•Ined by tie City of Tigard. (IIPIOf13) 000 (06/11111) S tr ee if ith Revisions- Attachment No PRO N° M E .-- STREET CLOSURE pr ryuii ��XrR / ® i r � , � � r sti0iC., 4 =I I it M ®13 ilimmillimplimi 11 irsimalia0411-Eil 11111111EM1111111111 :Id iuiiluiLi■ te>....amass�•tC um= Lamm mil av na::. sepal r/ WM MI MI ■Resits/ - �5 # NOTE: Location of new streets is approximate . Precise I°eation to be determin at the time of detailed design. pitiful lets t map reer.saa- titles complied by the City, of Tigard stili:lei waits file; (eternities System EIS) software. later elution /.rtreysi kora stay he ist.al.d t. Or reed with a /iitiau.I teehaiesl ui /or interpretative date se Ieternival ►y' the City of ['Isere. (11P10114) 101 (10/1ct») ZCA 91-00Q8 GAARDE HOUSE 13755 SW 116th PL. 1 OF 3 2S1 3DC, 1700 11111111r1/1 -1 .4755 !.1W 116th PI etcp IOC, 1.7, •,, A • CITY OF TIGARD, OREGON QOM= MOW . I ` r. • •.r , . , 141114.11 1AA'ti CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. OTHER CASE NO'S: 2: c_ /A RECEIPT NO. A /% APPLICATION ACCEPTED BY: DATE: - ' --- 1. GENERAL INFORMATION Application elements submitte,d : PROPERTY ADDRESS/LOCATION 11 " i 1 Sw (:adrde k)»nl v (A) Application form ( 1 ) Tly.irci, 1722i I (B) Owner's signature/written TAX MAP AND TAX LOT NO.Livwrr1. .0rt ;_u1,;11:1 ice, authorization (C) Applicant 's statement SITE SIZE 117' Y (pre-app check list) PROPERTY OWNER/DEED HOLDER* k"" h Mary Snberl • (D) Piling fee (_ ) ADDRESS 1175'.) SW 11t L1: 1.1oc „ PHONE 619-45011 Additional information for Compre- CITY i'r ).iteL uh ZIP 97221 sive Plan Map Amendments/Zone Changes APPLICANT* I+)»r rr Maly :;fli,prq (E) Maps indicating property ADDRESS I + , t;w I Iht Ir Place PHONE y.3J-.L' uts location (pre--app check list) CITY rel+ — ZIP 97_2; 1 (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record (G) Assessor' s Map ( 1) or a leasee to possession with written authorization ----(H) Title transfer instrument ( 1) from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit n written authorization with this application. DATE DETERMINED TO BE COMPLETE: ' 2. )PROPOSAL SUMMARY The owners of record of the •nrh)ect property F!NAI. DECISION DEADLINE: request a Comprehensive 114n Amendment ( if COMP. PLAN/ZONE DESIGNATION: applicable) from to aid a Zone Changeedi f -_ _ to -- . J, �,—�I'�`+ ,/)4 / ,,' / I1,/.e /4( ft N.I'.u. Number :: OR 1he applicant requests an amendment to the PI/inning + omm1eer•Ion Approval [)ate: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: 073 717ff - ----"--- Rev'd: 5/87 I 1. I.1st any variance, conditional uses, or other land use actions to be considered as part of this application: Applicants : To have a complete application you will need to submit attachments described In the attached information sheet at the time you submit this application. • 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that say be attached to or imposed upon the subject property. B. If the application is greeted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval . C. All of the above statements and the statements In the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants ' so acknowledge that any permit issued, based on this application, may he revoked if it is found that any such statesentd are false. U. The applicant has read the ertire contents of the application, including the policies sad criteria, and understands the requirements for approving or denying the application. DATr.0 this day of /5?a-l-e-(1 19 7 SIGNATURES of each owner (eg. husband and wife) of the subject property. '/ ✓ ' dote 4Arw.s ;6• ArriallMir (KSL:pm/0111P) CITY OF TIGARD Washington, County NOTICE OF FINAL ORDER by TIGARD HISTORIC SITES L DISTRICTS COMMITTEE 1. Concerning Case Number(s) c_cP 1_;1001/LGA 9.2-00q%2. Name of Owner: Ron i Mary 8ubera Name of Applicant: gimp__ -- ,------ 3. Address 13755 SW 116th Place City Tigard State 0_ tip 92223 4. Address of Property: _1,3755 8M 116th place Tax Map and Lot No(s) . : 251 ?pc. tax lot 1790 S. Request: A reauest__to aasian the Historic District Overlay to the above minticipped DroDerty. ZONES R-4.5 (Reeldential. 4.5 ynitsiacrel LOCATIONS 13755 SW 116th Place (WCT$ 281 3DC4. tax lot 17001 6. Actions Approval as requested Approval with conditions Denial 7. K211221 Notice was published in the newspaper, posted at City Hall , and mailed to: X _ The applicant and owner(s) . X Owners of record within the required distance X _ The affected Neighborhood Planning Organization A Affected governmental agencies 8. final Decisions THE DECISION SHALL BE FINA1. ON UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department , Tigard City Hall, 13125 SN Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(8) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00) . The deadline for filing of an appeal 1s 3:30 p.m. 10. Questionll If you have any questions, please call the City of Tigard Planning Department, 639-4171 . t>km/CPA91-02.BRM a AFFIDAVIT OF MAILING STATE Or OREGON County of Washington ) ma. City of Tigard (�/� II I, 4.20 t'( MLl1 V.. , being first duly •worn/affirm, on oath depose and says (Please print) That I am a i(,` L/�/'flu', I .I for The City of Tigard, Oregon. That I served NOTICE Or PUBLIC HEARING FOR, V That I served NOTICE Or DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council ', 1i'.•, 1").'s4' •/J', (��N.a•. htr A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named ppeersons at the addrass shown on the attached list marked exhibit "B" on the ZI`i day of Mat 19 91 , said notice NOTICE Or DECISION as her to attached, was posted on an appropriate bulletin board on the L('t~ day of , 19 and deposited in the United States Mail on the 2( -day of J1� , 19 `11 , postage prepaid. _ i t\ik Prepared Notice PQste4 _(rot Decision Onlv1 Subpp�ibed and sworn/affirm to me on the =t day of 19 'I . UBLIC OF .4/144:Lidifir." j- My ,•phimlaaion Expirest � J -91 who del rod o AT OFF C 41( Subectibed and sworn/affirm to me on the 2,2day of440e 19_12 ,. __NOTARY PUBLIC OR OREGON My Commission Ex.. _ 7 bkm/AFFIDAV.BEN • CITY OF TIGARD Washington, County NOTICE OF FINAL ORDER by TIGARD HISTORIC SITES i DISTRICTS COMMITTEE 1 . Concerning Case Number(s) :_[CA 91-0008 2 . Nnme of Owner: Ron 6 Mary Sobeta Nmmn of Applicant: Same 1 . Address 13755 SN 116th Place City Tigard State OR Sip 97233_ _ 4. Address of Property: 11333 SW G51114,e Road Tax Map and Lot NO(.). : 251 2DC. tars lot 1700 5. Request: A reauest to assign the Historic District Orer1SY to the above l�ned property. LONE, R-4.5 (Residential. 4.1 units acral LOCATIONS 13755 SN 116th_F1Xci_(NCT11 281 3DC. tax lot 1700) 6. Actions X Approval as requested Approval with conditions Denial 7. Notice; Notice was published in the newspaper, posted at City Hall, and mailed to: X , The applicant and owner(s) X O,-r,er■ of record within the required distance _ X The affected Neighborhood Planning Organisation _,_ X Affected governmental agencies A. Final Decisions, THE DECISION SHALL RE FINAL ON MaY 31._ 1991 SINLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appegil Any party to the decision may appeal this decision in accordance with 18. 32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript. costs, (varies up to • maximum of $500.00) . The deadline for filing of an appeal ix 3:30 p.m. MXy_. 31. 1991 _�_ 10. QuepIjops.: If you have any questions, please call the City of Tigard Planning Department, 639-4171 . bkm/CPA91-02.BKM 4111 411, CITY OF TIGARD HISTORIC SITES AND DISTRICTS COMMITTEE FINAL ORDER NO. 91-01 HSDC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS THAT APPROVES AN APPLICATION FOR A ZONE CHANGE (ZON 91-0009) REQUESTED BY RONALD AND MARY SOBERG. The Tigard Historic Sites and Districts Committee has reviewed the above application at a public hearing on April 25, 1991 . The Committee has based its decision on the facts, findings, and conclusions noted below. I . FACTS CASE: GAARDE HOUSE Zone Change Amendment ZC 91-0009 SUMMARY: The applicant requests: 1 . Zone change approval to add the Historic Overlay on the Zoning District Map to the following property: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICANT: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 OWNER: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4 . 5 (Residential, 4 . 5 units/acre) LOCATION: 11333 SW Gaarde Roa3 (WCTM 251 3DC, tax lot 1700) APPLICABLE REGULATIONS: Community Development Cods Chapter 18.82 and Comprehensive Plan Policy 3.7. 1 FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY BOUERG) 4111 411, II . FINDINGS ABOUT SITE AND SURROUNDINGS A. Site Location: The Gaarde House presently is located at 11333 Gaarde Road within the Viewmont Subdivision. It is bordered on the southeast by a church and on the west by Gaarde Road. Properties to the immediate north and east are single family residential development . In terms of zoning designation, the land to the north and east is zoned R- 4 . 5 . The land to the south is zoned R-3 . 5 . The land lying west. of Gaarde Road is located in unincorporated Washington County. B. Site Information: The 2, 700 square foot house is located approximately 40 feet from Gaarde Road. A paved driveway leads from W 114th Ave. to a 400 square foot detached garage. The house was moved to this site in 1990 from its original location near the intersection of Gaarde Road and Pacific Highway. The relocation was made necessary by a road improvement project . C. Cultural Information: The Gaarde house was constructed in 1922 in a bungalow style with Craftsman detailing. The house was occupied for sixty-six years by the Hans Gaarde family. Hans was the son of John Gaarde, who established a blacksmith shop in 1893 across the road from C. F. Tigard' s general store and meeting hall . III . APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1 . Chapter 32 . 82 authorizes the Historic Sites and Districts Committee to approve placement of the Historic Overlay designation upon a finding that any of the following standards have been met: a . The proposed district or landmark would serve the purposes of the historic overlay district as stated in Section 18. 82 .010, which are to: 1 . Implement the comprehensive plan; 2 . Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political , and architectural history. FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY SORERO) 4110 4111 3 . Safeguard the City's historical , aesthetic, and cultural heritage as embodied and reflected in such improvements and districts; 4 . Complement any registered historic or cultural areas designated in the City; 5 . Stabilize and improve property values in such districts; 6 . Foster civic pride in the beauty and noble accomplishments of the past; 7 . Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 8 . Strengthen the economy of the City; 9 . Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 10 . Carry out the provisions of LCL; Goal No. 5 . b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; c . The site or area is identified with historic personages , or with important events in niitional , state, or local history; d. The site or area pr-posed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or e. The proposed site or area is a notable work of a master builder, designer, or architect . B. Applicable Comexth€Di lie__Piso_ftliciei 1 . Policy 3. 7 . 1 provides that the City shall identify and promote the preservation And protection of historically and culturally significant structures, sites, objects and districts within Tigard. IV. NPO AND AGENCY COMMENTS 1 . The Washington County Department of Land Use and Transportation has reviewed the proposal and has no has no objections to it . FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY SOBERG) 4111 4110 2 . The state Historic Preservation Office has reviewed th', proposal and has no objections to it. 3. The Tigardville Preservation Society has recommended that, the Historic. Overlay designation be placed on the property. 4 . NPO No. 3 has reviewed the proposal and has recommended approval . 5 . No other comments have been received. V. EVALUATION OF REQUEST A. C01Pla.l)St--Ifireh-cg munity Deyg1opwent moi. 1 . The proposal to add the Historic District Overlay zone to the property Is consistent with the approval criteria for historic overlay designation as de'_ineated in Chapter 18. 82 of the Community Development Code. This is because the site is identified with a historic personage and also because the site embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period and style. B. C2M2iAnce with Conpf'Mhwnsive Plan Policies 1 . Plan Policy 2 . 1 . 1 is antisfied because the Neighborhood Planning Organization members and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal . 2 . Plan Policy 3 . ' . 1 is satisfied because the site under consideration is determined by competent authorities to be a historically and architecturally significant resource worthy of protection. To this end, the consultant, former Washington County Museum Director Dick Mathews, who was retained by the City to evaluate the historical significance of this property states: The architectural description of the Gaarde House provided by the applicant is reasonably accurate, although it omits mentioning the bungalow's Craftsman style detailing, which is a key element in its classification. Unfortunately, the house and garage were moved from their original location on Gaarde Road in 1990 . As the original location is now a lawn, it is unclear why the move was necessary. By removing the buildings from their original site, their contextual integrity has been compromised. The only good thing about the move one can say is that the buildings were notmoved far, and remain on Gaarde Road, so FINAL ORDER - ZON 9' -0009 GAARDE HOUSE ( RONALD AND MARY SOBERG) 411/ 4111 named, one assumes, because of the family' s association with it . Architecturally, the house is significant given the demise of such residences in the Tigard area in recent years. There are other more intact examples of such modest bungalows with Craftsman detailing in the area, including a few in their original locations along Pacific Highway to the north of Gaarde Road. This form of residence was quite common in the suburban garden tract developments that sprang up around the nation along interurban rail lines and highways . Prior to World War II, Tigard probably had many such homes . However, there are relatively few left now, and the Gaarde House is one, relocated as it is . The replacement of the masonry piers for the porch columns is unfortunate, but can be reversed. The wooden railings are most unfortunate, as they do not fit the house in detail or scale. Historically, the Gaarde House is significant, but its significance rests primarily on its association as a landmark of the Gaarde family's early presence in Tigard rather than its actual builders . John Gaarde, the father of Hans, who built the house in question, arrived in the area and established a blacksmith shop in 1893 directly across the road from C.F. Tigard's store. C .F. Tigard was the son of the pioneer immigrant, Wilson M. Tigard, who had established a donation land claim in the area in 1852 . C.F. Tigard's store, built in 1880, served as a post office and local meeting hall to the growing farming community of Butte, focused on the north-south Salem to Portland road. The U.S. Post Office allowed the use of the name "Tigardville", which was in fact initially only a postal designation for the store. Gaarde's arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community. Gaarde's arrival was also a part of a local pattern of ethnic German settlement during the 1890 's . (Gaarde was in fact an ethnic Dane, but a Prussian subject. . ) The little community apparently attracted a number of Germans during this period, enough that a Catholic church was formed for them with German language services . The Gaarde family's arrival and settlement in the Tigard area represents the second wave of immigration to Oregon, which was facilitated by the transcontinental railroads . These "railroad immigrants" were typically northern Europeans, frequently Germans, and often came to Oregon from other parts of the United States after their initial immigration from Rurope. The focus of development in the area shifted north to what became Tigard's Main street in 1907, in anticipation of the arrival of the electric interurban train stop that was built in 1910 . With that shift, old Tigard, or Tigardville - C.F. FINAL ORDER - ZON 91-0009 GAARDE HOU8R (RONALD AND MARY SOBERG) 4110 Tigard ' s store, Gaarde ' s blacksmith shop, and a few related buildings - was relegated to a secondary status . It represented the pre -suburban, country village phase of Tigard's history. The Gaarde family maintained its presence along what became the Pacific Highway for over 70 years, from 1893 until the 1970 's . The original fanily home, and the blacksmith shop are gone, but the road now bears the family name, and the Gaarde House remains as a monument - albeit cut loose from its foundation - to Tigard's origins and to the second wave of immigrants who contributed to the growth and development of the community. I would recommend that the City of Tigard designate the Gaarde House as a significant historic resource under the provisions of its development code for its historic significance as a lo' al landmark relative to Tigard's early development and association with the ethnic immigration that significantly contributed to that development . I would further recommend that the City look carefully at any future demolition or relocation requests regarding older buildings and residences that are not presently designated as historic resources . The relocation of the Gaarde House has compromised its significance without apparent need. VI . CONCLUSION AND RECOMMENDATION The Historic Sites and Districts Committee approves the requested addition of the historic overlay designation for the property located at 11333 SW Gaarde Road (WCTM 2SI 3DC, tax lot 1700) , based upon the foregoing findings . It is further ordered that the applicant be notified of the entry of this order. PASSED: The 25th day of April , 1991 , by the Historic Sites and Districts Committee of the City of Tpgard. Carolyn Eadon1 Chair Historic Sites and Districts Conmrit`:ee FINAL ORDER - ZON 91-0009 GAARDE HOUSE (RONALD AND MARY SORERG) 1 • r• • , • . .a JUDY FESSLER 11180 SW FC*NF.R TIGA* D, OR 97223 I MARTHA BISHOP I 10590SW COOK LANE TIGIRD, OR 97223 ..� CW: RONALD & MARY SOBER(; 13755 SW 116TH PLACE TIGARD, OR 97223 'CAROL YN RADON 11825 SW wt 6040 00 CT TIGARD, OH 47224 III I AFFIDAVIT OF MAILING STATE OP OREGON ) County of Washington ) ss. City of Tigard ) I, - )(c\y\i( t'1',n IA k`ltAl✓\ , being first duly •worn/affirm, on oath depose and says (Please print) 1 That. I am • �` ( +1 � 0 A'_,1 \ e i ' I( for Thy City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FORT That. I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council -- :. yt (i IIi•,1rr,� ' 1if . i ,../1, , 1 . ( I row, . A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at thede drss shown on the attarhed list marked exhibit "B" on the 'i"'" day of _A P, 0 _ 1911 ., said notice NOTICE OF DECISION as hereto ttached, was posted on an appropriate bulletin board on the day of � , 19 I and deposited _ in the Unites States Mail on the ____: j _ day of T )IJ , 19 ( i .,, po,tage prepaid. Prepared Noticefpestec1 iFor_papisiop_QUIi 0' ibed and sworn/affirm to me on the 5 day of �!� , 1 "/. ♦. , i�//�/. -� • AR PURL - • OR • • 7 My Commission t • 7 a �� Pe o who •elivered to POST OFFICE G i4 subscribed and sworn/affirm to me on the 1 day of ('/jj i J , 19 ,i . (7 I ) . . , T_ ,Alt 4/ill / (2117a44C .t NOTARY PUBLIC OF ORROON My Commission Expires: 10/221,1()tc' bks►/AFFI DAV.aRitl • • ti 9 T k c .g Or P-. u tt.B. I.A.4 NOTICE IS HEREBY GIVEN THAT THE TIQARD HISTORIC SITES & DISTRICTS COMMITTEE, AT ITS MEETING ON THURSDAY, rl) 25. l_2.2 . , AT 7x9Q PM, IN THE TIGARI) SENIOR CENTER, 8815 SW OMARA STREET, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO. z ZCA 91 -0008 FILE TITLE: Gaarde House APPLICANT: Ron S Mary Soberg OWNER: Same 13155 SW 116th Place Tigard, OR 97223 REQUEST: Z4144._.Qt 4t.i1 NIX611.4+L_Tigh_2)=.QQQ1-__ 12i--H4IN (NPO 03) A request to assign the Historic District Overlay to the above mentioned property. ZONE. R-4. 5 (Residential , 4.5 units/acre) LOCATION: 117SS SW 116th Place (WCTM 281 EDC, tax lot 1700) (Sew Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCO:.DANCE WITH THE RULES OF CHAPTERH ] . 37 OF THF COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL. AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18. 30. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO 9E ENTERED INTO THE RECORD OF THE HEARING. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT ODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT I8 DIRECTEI) PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171, TIGARD CITY HALL, 11125 SW HALL. BLVD. ,, OR CONTACT YOUR NEIGHBORHOOD PLANNING ORGANIZATION (NPO) / J CHAIRPERSON: Herman Porte{ PHONE NUMBER: 139-Qj hkm/CPA91-02 .8KM • VICINITY nn4ir . •• .._ . �� • _ i_ii LW1:1.- t.Ii " �.�/I . �-' • o ' .1 ' r ._ up .1 ■n p4. .„.„ ter, • 1 r -• .41D ev4111., ... wi Tr _ Nei 1 if 4. 1ivaill . -,k, . .• , i,„ -:, alui 1 1 vi." i _ i.i .., 111 . il fm 06 0 ti �• 1paiir a �� A:7..``� 1 we, „ _ i I ligli 11111, 1411jr w h,„ • . w.-,,,,, _ [-ill mil: ha%- tf,+.....,... < .? 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DKBORA DR 19475 SE DEBORA OR BORING OR 37009 BORING OR 97009 25101DC-01600 25103PC.-01800 SCHROEDER, DONALD A & MARGO A SPENCER, BARBARA J 19475 SE DEBORA DR 13900 SW 114TH AVE BORING OR 91009 TIGARD OP 97223 2S103DC-01900 2S1030C-02000 HOGGATT, KENNETH E & MAXINE W MOORE, THEODORE P !ANDA I. 13890 SW 114TH AVE 13870 SW 114TH TIGARD OR 97223 TIGARD OR 97221 2N101DC--02100 25103DC--02100 HARP, RUEL Y JR & CAROLYN A HARKER, RAELDC)N R DANA D 11850 SW 114TH AVE 11340 SW VIEWMOUNT CT TIGARD OR 97221 TIGARD OR 97221 2s103DC-04600 2S1030C--04700 O:TRUM, ELWooD E VA1,TERNICK, GEORGE P PATRICIA D (AROLYN A 11015 SW 114TH AVM 11855 SW 114TH AVE TIGARD OR 97221 TIGARD OR 97221 2::1039('-04000 2S 10)DC-047(?0 `iIITTON, KENNETH AND DARLENE GARLAND, DENNIS K GLORIA 11875 NW 114TH STREET 13895 SW 114TH AVE TIGARD OR +1221 TIGARD OR 91721 .r.101D(' O'.00O 251030C-05100 WALFE.R, GORDON V AND GU STAFSON, ROGER R ,; P:AN H DIXIE M 11900 NW 1 1',TII 11880 SW 115TH TIGARD OR 9722 TIGARD OR 91721 ,Y;1011W 05200 25110A11 •014100 M(111R, JAMES H AND ('AROI. J FINLEY, CARL. L & MARGARET E :W 1 1'TH 11260 NW GAARDE ST TIGARD OR 91771 TIGARD OP 97774 '.1 1 OA0 01',(10 2S 1 1 OAH 01600 !AMI ER, EUGENE 0 WAGNER, MI('IIAEI. A 11110 NW GAARDE DONNA M TIGARD OR 9722.1 14070 SW 114TH AVE TIGARD OR 9!774 2S110A6-04000 • 28110A6-0400 HOLLISTER, 6RUCV 1. AND CAROLYN R HOLLI STRR, BRUCE I. AND CAROLYN R 14.160 SW 114TH 14380 SW 11TH TIGARD OH 97223 TIGARD OR 97223 281 1OA6--04 1 OU HODAPP, CLDON J JUDITH L 11460 SW GAARDE ST TIGARI) OR 97223 14/N MARY SOHERG 1_i/`,5 :;W 1 16TH PLACE TIGARD, 0R 97223 HERMAN PORTER 11875 SW GAARDE ST TIGARD, OR 97223 • i I I LI co— • F-•• Q ? _ « — — 071 MMI I 1 m ,ns, L) •ir•00M • �l «� r 01 Doi.rte r ' - — � — .._ .__ _.-. tn �• ' 7tl•OM fa 1 CO z_. ali 2 en vg 8 IR • Q N N �A w 8 «jcf.. y Is`� +R1 '34 : Cr 8 sn A i_ ^' ! rr .o w •N �n . 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' Ili u • r 0 • TIMES PUBLISHING COMPANY ii,,,, ,,, III "eon I 794E *41 i,.,�I)n,,. ,i fete III AV1(71(l♦J i1Nf i.r1N Ii II . Loyal Notic• Adv•rtlsing .i i, i F • 11 T ear shovel 1 a I Pl. i)I. I if.Akl\ j i 4'.(). fkix 14 0`►7 • (1 Duplicate A 11� it I i,;rtrrl, I)k r►711 { • II1iM i II ii , . AFI (DAVIT OF PUBLICATION , STATE OF OREGON. COUNTY O' WA`;F/1N('TON )'s VI II gi i I J Iitlt k s'hIt i being first duly sworn. depose and say 1 t I m tta Advertising Director or his principal clerk of the k �� ,� a newspaper of general cif( ulahon an defined in ORS 193 OW1 and 193 020 (whfi"hnr1 At 1 Lord in the s afornsaui1 county and stole that the PULIIiL Ilf:ur t u4s , .� n printed r opy of which iti hwrwti, annwired was puhlishwA in the .� ' 7entire issue •it said newn(iaper for (11)(! nucr w"siva ani) N 11 1gconeec uliye ;n the fnllr,winf issue" ArmsAIiCII Iliirtl �111.11111- 1J11118:11111:41111 I , /� ), , ', hsr fiber' and sworn a before me this I1801 (1.1V ill A11['1 I I')0I u ji Notary Public for (Aw�un My (;ommissi Rpm*/// /_� _ y lY y- AFFIDAVIT q/ --o i Baa Hal Bergsma, Senior Planner. Dept. of Land Use and Transportation Public Services Building ?� rJ, • t fit � P 155 N. 1st Ave. Hillsboro, Oregon 97124 , . J L U Washington County Museus. 17677 NW Springville Rd. Portland, Oregon 97229 Historic Preservation League of Oregon 26 NW 2nd Ave. Portland, Oregon 97209 Historic Preservation Parks and Recreation Dept. Vick Building 525 Trade St. St 1301 Salem, Oregon 97310 tdward Duffield -- Chairperson NPO 1-2 8895 SW rgewood Tigard, egon 9'223 Herman Porter - Chairperson NPO 3 11875 SW oaarde St. Tigard, Oregon 97223 Sue Carver - Acting Chair NPO 6 10155 3W Hoodview Drive Tigard, Oregon 97'424 I NOTE TO FILE ZON 91-01 QAARDE HOUSE on wings 4 of the Final Order the tonr+ultnt.t tntnined by the City _o evaluate the eigr•,ifh-nnt of the Gaarde House is quoted as stating that it is unclear why the move was necessary" . It is well to point out that the relocation was made nereesaty by the Gaarde Road improvement prriect . More specifically, the house was moved because it was located within the proposed right-of--way tot the int et sect ion improvement . 1 STAFF REPORT TIGARD HISTORIC SITES AND DISTRICTS COMMITTEE FEBRUARY 22 . 1991 - 7 :00 PM TIGARD SENIOR CENTER 8815 SW OMARA STREET TIGARD, OR 97223 I . SUMMARY OF THE REQUEST CASE: GAARDE HOUSE Zone Change Amendment. ZC 91-0009 SUMMARY: The applicant requests: 1 . Zone change approval to add the Historic Overlay on the Zoning District Map to the following property: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICANT: 11Qbersi Y 7551 th Place Tigard, OR 57223 OWNER: Ronald and Mary Soberg 13755 SW 116th Place Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential TONING DESIGNATION: R-4 . 5 (Residential , 4 . 5 units/acre) LOCATION: 11333 SW Gaarde Road (WCTM 2S1 3DC, tax lot 1700) APPLICABLE REGULATIONS: Community Development. Code Chapter 18 . 82 and Comprehensive Plan Policy 3 . 7 . 1 STAFF RECOMMENDATION: Approval 11 . FINDINGS ABOUT SITE AND SURROUNDINGS A. Site Location: 72 f 'A r c c \c/ t. The Gaarde House presently is located al-ei7. KW 116-th Avr_*tuF within the Viewmont. Subdivision. It is bordered on the south by a church and on the west by Gaarde Road . Properties to the immediate north and east are single family residential development . In terms of zoning designation, the land to the north and east is zoned 14- 4 . 5 . The land to the south is zoned R-3 . 5 . The land lying west of Gaarde Road is located in unincorporated Washington County. (EXHIBIT A) . S B. Site Information: /I p' 7 ) The 2, 700 square foot house is located approximate 25 feet from Gaardo Road. A paved driveway leads from SW 1-18t_h Place to a 400 square foot detached garage . The house was 1119.11101147,41wortginaj. location near the I Road and Paciffc Highway. The relocation was made necessary by a road improvement project. C. Cultural Information: The Gaarde house was constructed in lipiabikampliallidabeiskalradh The house was occupied for sixty-six rears by the Hans Gaarde family. Hans was the son of John Gaarde, who established a blacksmith shop in 1893 across the road from C. F. Tigard' s general store and meeting hall . III . APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1 . Chapter 32 . 82 authorizes the Historic Sites and Districts Committee to approve placement of the Historic Overlay designation upon a finding that any of the following standards have been met: a. The proposed district or landmark would serve the purposes of the historic overlay district as stated in Section 18 .82 .010, which are to: 1 . Implement the comprehensive plan; 2 . Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the City's cultural , social , economic , political , and architectural history; 3 . Safeguard the City's historical , aesthetic, and cultural heritage as embodied and reflected in such improvements and districts; 4 . Complement any registered historic or cultural areas designated in the City; 5 . Stabilize and improve property values In such districts; 6 . Foster civic pride in the beauty and noble accomplishments of the past ; 7 . Protect and enhance the City' s attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 8. Strengthen the economy of the City; • • • 9 . Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 10. Carry out the provisions of LCDC Goal No. S . b. Tho site or area pro used for the designation the brossi.4mkWww se y� b!lir�til l� ih LYtttre, Id t the r.ommu n i , s ate ator nation; c. The sato or area is dant with histctslsr r}Msellaysst• or with important events in a onal , state, or local history! d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectureFspecimen i MMoG4iat,,l► valu►abla fox a study of a period,, a t ie, igF.vist.bod ofd cons l o'r' e . The proposed site or area is a noell 1salPter builder, designer, or architect . B. APPlicap.ie COmarOPPL4.1_YI PIARj"o11cj.es . 1 . Policy 3 . 7 . 1 provides that the City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard . IV. NPU AND AGENCY COMMENTS 1 . The Washington County Departmenc of Land Use and Transportation has reviewed the proposal and has no has std objections to its 2 . The state Historic Pretservati,on pit i re hag reviewed the proposal and has no objections to it. . 3 . The Tigardville Preservation Society has recommended that the Historic Overlay designation be placed on the property. ; 4 . No other comments have been received . . ,. V. EVALUATION OF REQUEST A . Compliance with community pev_gj:opment Code. 1 . The proposal to add the Historic District Overlay zone tc the property is consistent with the approval criteria for historic overlay designation as delineated in Chapter 18.82 of the Community Development Code . This is because the site is identified with as historic personage and also because the site embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period and style . 3 • E;• comp P1an Pollciee 1 . Plan Policy 2 . 1 . 1 is satisfied because the Neighborhood Planning Organization members and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal . 2 . Plan Policy 3 . 7 . 1 is satistied because the site under consideration is determined by competent authorities to be a historically and architecturally significant resource worthy of protection. ' ► .'/ /` /'+�► TNS"'' � ;) ,r, I / )� ,T n, To this end, the consultant who was retained by the City to evaluate the historical significance of this property states : The architectural description of the Gaarde House provided by the applicant (EXHIBIT H) is reasonably accurate, although it omits mentioning the bungalow's Craftsman style detailing, which is a key element in its classification. Unfortunately, the house and garage were moved from their original location on Gaarde Road in 1990 . As the original location is now a lawn, it is unclear why the move was necessary. By removing the buildings from their original site, their --3ntextual integrity has been compromised. The only good thing about the move one can say is that the buildings were not moved far, and remain on Gaarde Road, so named, one assumes , because of the family's association with it . Architecturally, the house is significant given the demise of such residences in the Tigard area in recent. years . There are other more intact examples of such modest bungalows with Craftsman detailing in the area, including a few in their original locr:t.ions along Pacific Highway to the north of Gaarde Road . This form of residence was quite common in the suburban garden tract developments that sprang up around the nation along interurban ra i I lines and highways . Prior to World War II , Tigard probably had many ouch homes . However, there are relatively few left now, and the Gaarde House is one, relocated as it is . The replacement of the masonry piers for the porch columns is unfortunate, but can tin reversed. The wooden railings are most unfortunate, as they do not fit the house in detail or scale . Historically, the Gaarde House is significant , but its significance rests primarily on its association as a landmark of the Gaarde family' s early presence in Tigard rather than its actual builders . 110111 Martin, the father of Hans, who built the house in question, arrived in the area and established a � '�rp In 1R 3kIiroctly across the road 'lintC.V. Tig store. , c' . F . Tigard was the son of the er immigrant, Wilson M. Tigard, who had established a 1 • • donation land claim in the area in 1852 . C. F. Tigard's store, built in 1880, served as a post office and local meeting hall to the growing farming community of Butte, focused on the north-south Salem to Portland road. The U.S . Post Office allowed she use of the name "Tigardville" , which was in fact initially only a postal designation for the store . Gaarde' s arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community. Gaarde 's arrival was also a part of a local pattern of ethnic German settlement during the 1890 's . (Gaarde was in fact an ethnic Dane, but a Prussian subject . ) The little community apparently attracted a number of Germans during this period, enough that a Catholic church was formed for them with German language services . The Gaarde family's arrival and settlement in the Tigard area represents the second wave of immigration to Oregon, which was facilitated by the transc. nt-inental railroads . These "railroad immigrants" were typically northern Europeans, frequently Germans, and often came to Oregon from other parts of the United States after their initial immigration from Europe. The focus of development in the area shifted north to what became Tigard' s Main street in 1907 , in anticipation of the arrival of the electric interurban train stop that was built in 1910 . With that shift , old Tigard, or 'rigardvillo - C.F. Tigard' s store, Gaarde' s blacksmith shop, and a few ► Mated buildings -- was relegated to n necondatrx�, atm It represented the t " 'I I►q. pfiase of Tigard 's history. The ,aarde family maintained its presence along what became the Pacific Highway for over 70 yeaL-s , from 1893 until the 1970 's . The original family home, and the blacksmith shop are gone, hut the road now bearn the family name, and the Gaarde House remains as a monument - albeit cut loose from its foundation - to Tigard' s origins and to the second wave of immigrants who contributed to the growth and development of the community. I would recommend that the City of Tigard designate the Gaarde House as a significant historic resource under the provisions of its development code for its historic significance as a 1iba1 landmark reletivri to Tigard•s panty 60,61015.6nt and association with the ethnic immigration that significantly contributed to that development . I would further recommend that the City look carefully at any future demolition or relocation requests regarding older buildings and residences that are not presently designated as historic- resources . The relocation of the Gaarde House has compromised its significance without apparent need. • • VI . CONCLUSION AND RECOMMENDATION The Planning Division concludes that the proposed Zone Ordinance Amendment to add the historic overlay designation is consistent with City of Tigard Comprehensive Plan and Community Development Code standards for this typo of application . Rased upon the above findings and conclusions, the planning staff recommends that. the Historic Sites and Districts Committee assign the Historic District. Overlay District Overlay to the proposed site. t T ( / PRZPA UD BIuane Roberts DATE r Adminiat.rntive Planner APPROVED BY: Ron Bunch 1605P �!. Senior Planner DATE IV Li — l i r'" • _ _y % -"' ,. Wit � t �, , ` M 1� l.? ! sans OIL- _ !-- . • Iro" 1.-- •N• •• . Ilarlifi A i og P v• 111016 - ,r1 Os lig al RI i g"terS. ' 1 falS1111DIAIIN*4 ' ' Gs."'C lail I e ton el , 4 11 ow% -, , V it II siiiiII II ----1 A fitrA . T.- i 1 1p at e A I im" •,1%pima ki , o "P .• __ • a► -, 0.4v,i, -Hi i _go- .._.- 1T °stilit __ WI III :I o _ . •lit .41 4iJI1'A*L � � : ES "II� m1111111111111 _ .-arl ; • �ell o� - .� 2214/• 4. •• _ al liii ! I. to . - welle! 4 : caul 14 4 : I i - hi o - . I „I, ,. , ' % i a t.27 , ,,, , ... / g111 . 0 4 .1, I. 4 e • 114111 i A i - - 1 „. • 11 . 1--J.,- / rCH__ - . , \ 1111 1___ i , . ' - a , 7— _ . 1 \ '1 \ -1 - . i --T -L, i --, , – 0 • . a, I \ . I IP I if6UOQ ■ ,, [ t I a. „00 ' :LE i 11,0,5,fr / ; L . . *� .r - ,,,,,,,v ivnivinn7.3.4 I I '514, l P'!!'i 11011 ., 1 le7;‘ \11,/, / ‘, , , _p_ ;f,tlip f n ; # 0. 1\U•4;i: et .., 3:,.:;4::;:.\.:2•11.-iV ar‘l 4i IS(41 t 44 • ** t* ! . "---b _._‘4,4:fkl \\SAVIAAr .ear% ma,•• ° ,,L#le 411.1:01 1 !Ifei;r4rjil- IVO\• + 4att•1 !'•; (( 6.' l EXHIBIT B WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY KI SOURCE NO _ f'KI S NT ON/NER_ Icon i Mary Sober'a Sec._-. '/•_-- OKK;INNIOWNER Hans i Hilma Gaarde vtrwmont 5ui,(ilvi : u. CON AX OT G4)(0AK C.fifTFC1/fIUILDER: tO(.ATION: 111.is :ilr! (;ant de Bond ___-- CONSTRUCTION DATE__1'122 CWMMON/HISTORK NAME_ Hans Gaarde USE: rRt:Cit NT: Residen4 THEME AL Lilit-e..L.1.11L1:-_-___ZEILla c'e'nt u:y ORIGINAL: 1YrE: Building Architectural and contextual description of the r-esourr..e and atater.:ent of historical slgne*cancc (Cont n u,on back If necessary) ARCHITECTURAL I)F:iCHI PTI ON The Gaarde House is a one and one-half story bungalo style house with side gables and clipped-hip roof. The medium pitched roof is covered with composition shingles and the exterior of the house is sided with horizontal wood siding. The symetrical porch which extends across three-quarters of the fr it facade is topped with a centered cross-gabeled roof ending in the clipped-hip. On either side of the gabled porch roof are open, decorative extended beams. The porch itself is concrete. Four square columns support the porch roof. At the original site these columns sat on Masonry bases but after the house was moved in 1990 these bases were replaced with framed wood bases. At the same time wood railings were added around the porch and down the three concrete steps. Them in an exterior brick chimney on the east facade and an interior chimney which extends from the north roof slope. The house plan is symetrical with a large fixed window on either side of the centered front door. Other windows in the house are double-hung Ranh and tripple-paned casement . The original house wan a simple rectangle with a shallow pop-out on the east side to accomodate the bathroom and one on the west side to accomodate the built in buffet. Soon after the house was built, another room was added off the kitchen on the north- west corner. This room was used as an informal eating space and kitchen extension. samil enclosed back porch projects from the southwest corner of this room. (continued) Sources Conoulter/: Estelle Gaarde Rasmussen - Interviews May 1990, March 1991 Mary Payne, Tigardvillc Tigard. Lake Oswego: Lake Grove Printing Co. 1979 Keu«ded by. Tigardville Preee>;yptj n.Scx;.iety Date March 1991 1'1'1 51 Ni (ANNEX'S ADI)K! ---- (If different from above) • • ARCHITECTURAL DESCRIriION Continued --- The house originally sat on a full , unfinished basement . When the house was mowed it. was again placed on a full basement , two-thirds of which is finished living space. Very few alterations were made in the 1990 move with the exception of the afore mentioned front porch detail and the orientation of the hack porch steps. These alterations were made per city code. CONTEXTUAL DCSCRIPTION The Gaarde home was build in 1912 on the wedge shaped lot behind Elmer's Restaurant off kscific highway, t,r. ing Gaarde Road. The Gaardes were avid gardners and their property was always .r visual pleasure with landscaping planned to be in bloom nearly all y.•ar round. Other buildings on the sidte were a two-car garage with hinged, swinging doors and a small building called the rabbit hutch. The garage and house were moved in February 1990 to the new site, also facing Gaarde Road, about a quarter of a mile from the original site. At this site the garage sits behind the house rather than beside it. ARCHITECTURAL AND HISTORi.:AL SIGNIFICANCE In 1922 Hans Gaarde was planning to be married to Hilma Lien. He purchased a parcel of land from his father, John, and he built this house with the help of his cousin, George Larsen. On September 16, 1922 Han and Vilma were married and began their 66 year marriage in this house. To their union were born two children, Estelle .and ki. h.rt.1. Fetal le remembers the house always being the hub of activities act the Ghardes were very involved in the community. In those days running water and rn.i..c,r ilumh110l wet" luxuries and Estelle's friends who lived on Dull Mountain loved to stay at her house because she had these luxuries and they did not. Hans worked for the Red Rock Dairy, The Oregon Ship Yard and later the Del Monte Meat Company from which he retired in 1968. His community activities included serving on the School Board (1936-1942) , on the Fire Board and the Cemetery Hoard. Hilma was a gifted soloist and sang for many community events, wedding and funerals (at Young's Funeral Home) . She was also very active in organizations such as Rebeccas where she served as Nobel Grand and the Sherwood Eastern Star where she served as Matron. Ililma's hobby was gardening. Over the years she developed n truly beautiful yard which everyone in the community admired. Eleven months out of the year one could gee something blooming in the yard. After his retirement in 196HH, Hans joined Iiiima in caring for the beautiful yard. Estelle noted that her father raised a large vegetable garden which included a sizeable garlic crop. Estelle and Richard would help to care for this garden as well as for the rabbits and chickens. When the garlic was harvested it was sold to produce shops off Union Avenue and the money earned went to pay the taxes on the property. ` . Z.l/ ,U c.- / ZD v p / �t e(/ A-)-A e .+-, ,fit, o C.° 6(-. — .3 /,3v0 c Deck , , ~` / cAt ` / /? 7 T -- S c• u RC/Ce", 3 o n c 4C( . A . le- 0'f 0', o A /,)-72,0 f c_X rozclee I Don c lel A vt4 /0470 /F y 71' k.)& e-4o e a-. e)o, - mo 9 70 09 ( ert"4.--) ✓ ) .� C Q_ OG r / /v y ti 7°1; /LQ./, nIt...T<<i T` / L•./- /1 c 7 0 ,S //' 74A A �� - • t i/ J v C 2 U c: ./t o V "t_ , T� )-o d O rt_ , L. c,! /J & 7 J , //4/ 714 — J z. /� ��, /fc. e./ J 1'6 c_4 /y 4 ,4. /3 8 5-0 74i `.� CC, r/C-R ,- 4e./An /2• 64 -' 4.. L) , a t ., 7`' C_T' T • oJ7 -,- eu, / 4/•- t) ud 3-- , '-•-, / / V 7`4 1q / //y /44 J4�- c, -, / ��e_ ., r) f1''C- C r IA i.. ) '-la - c/, .(/ e /c: .1 -Y 154 A 6-a- 7 -_3 . v • • ,3 L ,f v l,-v //c c , 6 o r do -1 k �h� orl a /Jf 00 74)( j--/ 61.4,/744 tc✓o -; i2.4), 41-•- .� /J i ) ‘j 4-.d //.5-7‘4 T —.3 Z Al o �^ � �t / e- / /J 8s-0 ' ./ 7"-45 7` F 72- Z3 - /.dre , a 7C- /e_r / C_' ./ /It G /Y < , e_24- / / Z 6 0 �.J �-•� 6 er T- — 1 „., /c c., t.,.e_ C- /hi ./,i 7 O 60 d 7— e.4. w c f ei a_/- /1-7 .c..4 c � l /4 i 0 e,4-544 HCl / Y7 A 7- /44 74c.A L Li n •1 A- /4 evr / 'Y/ 3,' LI /I ' 7S • - f y 77- ) /7/ - ) /7/ f" �- r- " cam_ /7 S /'-fv c/q/eiii2 i 4 1(10 -7LI- Z— // .S' 6 c.) mac..., 6 c 7 S' 72Z- 3 28103DC--01000 2810319C 011 TIGARD ASSEMBLY OF GOD WICKS, MICHAEL RAY 11385 SW FAIRHAVEN ST 11490 SW VIEWPOINT LANE TIGARD OR 97223 TIGARD OR 97223 28103DC-01400 281030C-01500 SCHROEDER, DONALD A O MARGO A SCHROEDER, DONALD A L MARCO A 19475 SE DEBORA DR 19475 SE DEBORA DR BORING OR 97009 BORING OR 97009 28103DC-01600 28103DC-01800 SCHROEDER, DONALD A L MARGO A SPENCER, BARBARA J 19475 SE DEBORA DR 13900 SW 114TH AVE BORING OR 97009 TIGARD OR 97223 2S1O3DC-01900 28103DC-02000 HOGGATT, KENNETH E L MAXINE W MOORE, THEODORE P LINDA L 13890 SW 114TH AVE 1387n SW 114TH TIGARD OR 97223 TIGARD ON 97223 25103Dc-02100 28103DC-02300 HARP, AUEL F JR G CAROLYN A BARKER, RAELDON R DANA D 13850 SW 114TH AVE 11340 SW VIEWMOUNT C7' TIGARD OR 97223 TIGARD OR 97221 28103DC-04600 28103DC-04700 °STRUM, ELWOOD I VATERNICK, GEORGE P PATRICIA D CAROLYN A 13835 SW 114TH AVE 11855 SW 114TH AVE TIGARD OR 97223 TIGARD OR 97223 2S1030C-04800 28103DC-04900 SUTTON. KENNETH AND DARLENE GARLAND, DENNIS K GLORIA 11875 SW 114TH STRET:T 13895 SW 114TH AVE TIGARD OR 97223 TIGARD OR 97223 2s1030c-05000 281030c-05100 WALKER, GORDON V ANI) GUSTAFSON, ROGER R SUSAN H DIXIE H 13900 sW 115TH 13880 SW 115TH TIGARD OR 91221 TIGARD OR 97223 2S103DC-05200 28110AR- 1400 MOHR, JAMES H AND CAROL. .1 FINLEY, CARL I. & MARGARET I 13850 SW 115TH 11260 SW GAARDE ST 'TIGARD OR 9122.1 TIGARD OR 97224 iS1IOAH-01500 28110AB-01600 MAHLER, EUGENE t' WAGNER, MICHAEL A 11 .170 SW GAARDK DONNA M TIGARD OH 97223 14070 NW 114TH AVE TIGARD OR 97224 28110AB-04000 • 28110AB-040 W)LLISTIR, BRUCE L AND CAROLYN R HOLLISTIR, BRUCE L AND CAROLYN R 14380 SW 114TH 14380 SW 114TH TIGARD OR 97223 TIGARD OR 97223 28110A5-04100 HUDAPP, ELDON J JUDITH L 11460 SW OAARDE ST TIGARD OR 97223 • 774___ at,; ',' -4d 47 117/11.x, I,•.../ ,i'O& I//AA ,vy) 7/6/IIeO 7•JA'07/m/ S,-// i.),'. ; i ` .; O J . r g0 l' .�vr0r=12-& .AA R I/1 4c L- V 1/ o,"' ,,'t j/.1(‘I 1',4__ /1 r:r2"...' / _.. i 17 / .--X 4.,,er /r 4 i./ "7/ 1 / J(-• Ci7 'C�- JAL r / / / cs U J w /4-0 .,n .t. .- / / j4 r c/ 77zz..._3 ./Pt ar liA c. I/JA ur) / 0X7u Jc..,. UlC- Lon tom, / / fcc. ci 577....Z.3 /FL,p, Jd 54_7 — 7/' 4 L4 ., 74-- ;1 0,74/c/ l -1c/ /'► c/ JO ° Q i, J / 7 r ,, //6-7`)c ( ' ._l 7. 577th l AGENDA TIGARD HISTORIC SITES AND DISTRICTS COMMITTEE THURSDAY, APRIL 25, 1991 - 7 :00 P.M. TIGARD SENIOR CENTER 8815 SW OMARA STREET, TIGARD, OR 1 . CALL TO ORDER 2 . PUBLIC HEARINGS 2 . 1per_CAGE _.TiQ N .9 -QQQL. GMRDg__IQU (NPO 11? ) A request to assign the Historic District Overlay to the above mentioned property. ZONE: R-4 . 5 ( Residential , 4 . 5 units/acre) LOCATION: 11333 SW Gaarde Straet (WCTM 2S1 3DC, tax lot 1700 ) 2 . 2 ZONE_CHAtical Z014 _9_170010 tillI. X OY TIGARD (NPO #1-2 ) A request to assign the Historic District. Overlay to the above mentioned property. ZONE: CBD (Central Business District ) LOCATION: 12420 SW Main Street. (WCTM 2S1 2AB, tax lot 4400) 7 . 3 CONDITIONAL _USE CUP 91-QQQ1 .R"__TIGARD SCHIM_L2iaTBICT_._LbI (NPO #6 ) A request for approval to a Minor Modification to an existing Conditional Use to allow placement of a 1 , 680 square foot portable classroom structure at the Durha.n Elementary School site. ZONE: R-12 (HD) (Residential , 12 units/acre, Historic District ) LOCATION: 8048 SW Shaffer Lane (WCTM 2S1 13B, tax lot 300) 3 . OTHER BUSINESS 4 . ADJOURNMENT II 0 C.- r e / f i, a,1 ci 4., e-c. -P4\. , i 14—) igIIMUIMMIMMMMMINIMIMIMIUNIMimmidi f`- emiimmiumemini i.• 4-#6.0.iiiiiminimommimimied /0 /DO ,' (--4 ") va7`-- aimilimplamimmla 111.01111111111111111111111111111111111.111111110.11 ./ {, 4. ,- Com. ./ f a." •, O., 4 / 0 l . ./ /V 4-.41we or %L. ,J A,, , 7 " I'-/ , . 4 f, C._ r e I/ / th`"1"e , / / •'/ 111111111111.111111111111• , . C--u1M / i ( . t / ai //7 •lo.. • •4. P , /4� o / i `✓L • i Olt . , /49'Z.f A/y C.%) I1., •"-1 J_ I• L.. L t / ✓Ill:' l . C / L• rte` / I #. C: r 1 1 I C . ft., e d.f. /• r,J M , /4, C 4 'I / • c.A., em/ gr.• 7‘;" i • •.i l f .%., r. 10 4. -4%. C/ J J /' 6'`— ', y I" n u C • c ,. . ,, / / • i L 1114 CITY OF TIGARD OREGON May 3, 1991 Mt . H.P. Matthews 3404 S.F. 16th Ave. Portland, Oregon 97202 Dear Mr. Matthews: On behalf of the Tigard Historic Sites and Districts Thmmittee, I would like to thank you for your thorough ieport on the significance of the °garde House. The committee indicated that your report and recommendation for action was most valuable to them in reviewing the request for historic site designation. The vote to apply the historic site designation was unanimous. The committee wished me to thank you for sharing your high level historical and architectural expertise. Your services were very helpful to our historic preservation program. Sincerely, Ih�ane H,,ht'r t ,. Administt at ivo PI.1nnwt cc: HSD Commit 13125 SW Hall Blvd,PO Box 23391,Tigard,Oregon 97223 (5031639 4171 I 4111*"\I .4446•44, •� r 111111%.. i 6 ••• kitioL4P r i -� III .01 �1 _ . • ' I alb • 9t 4 24 1111 - • . A _• .r<� •1 1,,, Araddllibillis IMF 1 411141111111M1161‘.:114k. _. 1 J.7 i ir, • --, , ............... ., , it, r so I OA`' . :., srec IthYt LL __ ft • r �� i • 1 I. I 9 f y 2 ap not um* l.... L . • 4 ` p . A �• Lb, - i • • { i .-►- i 9 7 Y .ev 1 { .1 G • r• , 1 t c7� 03 o O p Cr t 0 Qo :INS N 4 r � • 10. .111.. 111 IMO i 4. • r 1 4 r 111.0s, I 04111E1(111N16. . • 14. • !.d A.0}. ' 4 • 1 _fart an We pro- 1 _ IOW t1 x9 rt WM II I I .....' • 1 I 1 • E� • I M + • ...'- • 9 .e 4 4• • • 14, amm: . • •per• h' 9 t 9 c"1 • • NPO 03 - MINUTE:.S April 4, 1991 1 . Meeting called to order at 7:01 p.m. 2. Present Pori r, Bishop, Froude, Hansen, Mortensen Root, Smith, Gamer :i the minutes for meeting dated March 6, 1991 were approved. 4 Reviewed dra:l of chanoes to Transportation Map. F'resentatron and draft map handout by Ed Murphy/Stah. !'Lvisions scheduled for Planning Commission on April 8, 1991 and City Council on April 23, 1991 Motion: NPO 03 to write a letter requesting updated information pertaining to Note 2 on revised Transportation Map. Letter to be addressed to Id Murphy/Staff with Mpies to City Council aro: Liz Newton. - Carried unanimously. 5. r;NA 91-02. Request for historic site overlay designation for the 6110.016/1111106 Maga 1 ifialirlkasfaso assSII at isposifttritilleiseiwiatI 3 yea, 1 nay, 4 abstentions. - Motion carrir.s 6. Other Business: 6.1. Mortensen slated DuHarport was approved by City Council a! low density 6.2. Tree ordinance discussion to be placed on May agenda. 7 Meeting adjourned - 7:45 p.m. Respectfully submitted, Nancy Smith NPO 03 Secretary h 1bglnVl+rp *Nn 1 I 1 • i AGENDA NPO #3 MEETING THURSDAY, APRIL 4, 1991 - 7:(k) P.M. TIGARD WATER DISTRICT 8777 S. W. BURNHAM TIGARD, OREGON 1. CALL TO ORDER 2 ROLL CALL: PORTER BISHOP FROUDE I/ANSI N MORTENSEN— ROOT_ _ SMITH 3 Approve Minutes from March meeting 4 Review Changes to Transportation Map - Presentation by Staff 5 COMPREHENSIVE PIAN AMENDMENT - CPA 91-02 Request for Historic Site Overlay designation for the Soberg/Gaardo House; 11333 S W. Gaarde Street. 6 Review Notices of Decision received 7. Other Business 8. Adjournment TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON Al 639-4171, EXTENSION 308 If YOU ARE UNABLE TO ATTEND 11 l t RfCSTATDP• EWA6 1 REQUEST foot Qoo*NTt TO: h/<.21 N I DATE: March 25, 1991 PROM: Tiga4d Planning Department RI[' CPA ')1 Hequeat for Historic Site Overlay cie.aiynat t,xi torthc' „obery/Gaarde House Attached is the Site Plan and appl l'•an::'a sk at 'tment for your review. Prom Information 'supplied by various departments and agencies and from other information available to our staff , a report and recommendatio.. will be prepared and a decision will be rendered on the prolw)sal in the near future. If you wish to comment on this application, we need your comments by ` , 199j. You may use the space provided below or attach a separate letter tojIdiurn your comments. Li_.1f.Q1iir!_.41I11 1i..L4 reUp9n4 fir tpt_. 2yL4etsr please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. I! you have any questions regarding this matter, contact the. Tigard Planning Department, PO Box 23197, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONR: 619 4171 . STAFF OONTACT: Ihiitllc_ Etaluta _ PLEASR CI'ECR THE ►OLIANINQ ITEMS THAT APPLY: A We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the on, lowed Iet.te, . Nt 1tten Oommentst Nave of Poreon Cossmont ing$ C A n Phone Number: _VS" ' , b° / —____ 111 WASHINGTOPOUNTY CULTURAL RESOURCE INVENTORY RUS(UR'T1 Ncr F'Rf ,EN1 OWNER: I 'n i Mary Soborq 1 A/ _Sec. _..._ '/• ORIGINAL OWNER thins i. Hilma Gaarde TAX l "1, 5, Viewmont Sut••livision ARCHI1ECT/DLIILDElt_ CON(1111ON GOod LOCATION: jujAIL C045I1WC110N PATE: 1922 _ COMMON/HISTORIC NAME: Huns Gaarde Howse USE: rRESI.NT: Res idenci _THEME: Archit acture - 2nrh Century ORIGINAL- TYI'C. Building Archlt ctur and context,tat deec.r pUon of the reeourte and statement of hlsto►lcal sienlf c lt (Continue Xi back If necessary) ANCHITE:cTtJHAL DESCRIPTIuts The Gaarde House is a one ,ski one-halt st(ut y bunyalo style house with side gables and clipped-hip roof. The medium pitched roof in covered with composition shingles and the exterior of the house is aided with horizontal wood siding. The symetrical porch which extends across three-quartern of the front facade is topped with a centered cross-clabeled roof ending in the clipped-hip. on either side of the gabled porch roof are open, decorative extended beams. The porch itself is concrete. Four square columns support thy, porch roof . At the original site these columns sat on Masonry bases but after thu house was moved in 1990 these bases were replaced with framed wood bases. At the same time wood railings were added around the porch and down the three concrete step:. There is an exterior brick chimney on the east facade and an interior chimney which extends from the north root slope. The house plan is symetrical with a large fixed window on either side of the centered front door. other windows in the house are double-hung sash and tripple-paned casement . The original house was a simple rectangle with a shallow pop-out on the east side to ,tccomodatr the bathroom and one on the west side to accomodate the built in buffet. ;;oon attet the house was built , another room was added off the kitchen on the north- west corner. This room was used as an informal eating space and kitchen extension. A smell en. I,Iued back porch projects from the southwest corner of this room. (continued) Sources Coneututek Este•111 ,,o it U.esmusscn - interviews May 1940, March 1991 Mary t'ayne, Tiiyarilville Tigard. Lake ctswe.tot hake Grove Printing Co. 1979 Recorded by TiQardville Preaervatinniety Data March 1991 11iweh PRESENT OWNER'S ADDRESS: (Of AO/trent from above) • ARCHITECTURAL DESCR} ON Continued --- The house o-iginally sat on a full, unfinished basement . When the house was moved it was again placed on a full basement , two-thirds of which is finished living space. Very few alterations weir: made in the 1990 move with the exception of the afore mentioned front porch detail and the orientation of the back porch steps. These alterations were made I'er city code. CONTEXTUAL DESCRIPTION The Gaarde house wal build in 1922 on the wedge shaped lot behind Elmer' ' Restaurant off Pacific Highway, facing Gaarde Road. The Gaardes were avid gardners and their property was always a visual pleasure with landscaping planned to be in bloom nearly all year round. Other buildings on the sidte were a two-car garage with hinged, swinging doors and a small building called the rabbit hutch. The garage and house were moved in February 1990 to the new site, also facing Gaarde Road, about a quarter of a mile from the original site. At this site the garage sits behind the house rather than beside it. ARCHITECTURAL AND HISTORICAL SIGNIFICANCE In 1922 Hans Gaarde was planning to be married to Hilma Lien. He purchased a parcel of land from his father, John, and he built this house with the help of his cousin, George Larsen. On September 16, 1922 Han and Hilma were married and began their 66 year marriage in this house. To their union were born two children, Estelle and Richard. Estelle remembers the house always being the hub of activities as the Gaardes were very involved in the community. In those days running water and indoor plumbing were luxuries and Estelle's friends who lived on Hull Mountain loved to stay at her house because she had these luxuries and they did not. Hans worked for the Red Rock Dairy, The Oregon Ship Yard and later the Del Monte Meat Company from which he retired in 196H. His community activities included serving on the School Hoard (1916-1942) , on the Fire Hoard and the Cemetery Hoard. Hilma was a gifted soloist and sang fur many community events, wedding and funerals (at Young's Funeral Home) . She was also very active in organisations such as Rebeccas where she served as Nobel Grand and the Sherwood Eastern Star where she served as Matron. Hilma's hobby was gardening, met the years she developed a truly beautiful yard which everyone in the community admired. Eleven months out of the year one could see something blooming in the yard. After his retirement in 196H, Hans joined Hilma in caring for the beautiful yard. Estelle noted that her father raised a l•rr•fe vegetable Marden which included a sizeable garlic crop. Estelle and Richard would help to rate for this garden as well as for the rabbits and chickens. When the garlic was harvested it was sold to produce shops off Union Avenue and the money earned went to p+y the taxes on the property. RECEIVED PLANNING S III n.T 4 1991 REQl1EST ma <x1MMENTs To: c, ` , ''' [)ATF.: Mrtt l.h )' , 1'))1 IRON: Tigard Planning Department Rix CPA 91-02 Request for Historic Site Overlay designation forth* Soberq/Gaarde t'ouse Attached is the site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other informat.on available to our staff, a report and recommendation will be prepared and • decision will he rendered on the proposal in the near future. If you wish to comment on this application, w need your comments by `,44 1921. You say use the space provided below or attach a separate letter to'4- urn your comments. I_ at• ynilit tQ rtlP.vuct.k)ythdt-aiNV'i_..5tl1t-tr. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, Milos ilos 71197, 111:', SW Hall Blvd. , Tigard, oft 97221. PFK)NE: 639-41 /1 . STAFF ()IrrAc'T c None RQt eL is,------- PLEASE CHECK THE FOLLowINO ITEMS THAT APPLYt l- We have twviewed the proposal and have no objections to it. Pleman contact of our office. l'lc.ann Infer to the enclosed letter. N, I t t ,.rt Comments: 14-44 L. ..x,.44 v • li 1 .. 1 ` tin ., -1 .4<#.4" 4�LD4a tVtk 11444 %- 4// ,Ai t-<,�.-�%-- v.�-S w ,vett 4,- c t► 4 (t 11 .14.4e '.t-� c4 to /.4 '�rt-jf a tie" �. l.l,)i 4 L'l 4 i� 14 t t-40_ re-.. L.L. 1&_ - /• _ ,,( t a-f - 1 ("4-4c ' 1 stst Name of Person Commenting:nq t fit Lx e-t sit/4 Phone Humbert 6-'1)1'- Y 1 7 110 41/ PROPOSAL DESCRIPTION FILE NO: CPA 91 -02 / ZCA 91-08 FILE TITLE: GAARDE HOUSE APPLICANT: Ron and Mary Soberg OWNER: game 13755 SW 116th P1 . Tigard, Oregon 9722.1 AGENT: NA theHistoric District KEOUE,�.T1. .ZON6.__LS2QbTiQNt Rey�iost. to assign Overlay to the above mentioned property. ZONE: R-4 . 5 (Residential , 4 . 5 units per acre) LOCATION: 13755 SW 116th Place (WCTM 2S1 3DC, tax lot. 1700) COMPREHENSIVE PLAN DESI(;NATION: Low--Density, Residential NPO NO: NPO 1 NPO CHAIRPERSON: Herman Purter PHONE NUMBER: 619-0545, 639-0895 CHECK ALL WHICH APPLY: STAFF DECISION Q Ta_Qty PLANNING COMMISSION DATE OF HEARING: TIME013Q HEARINGS OFFICER DATE OF HEARING: TIME: 7011 CITY COUNCIL DATE OF HEARING: TIME: an REQUEST FOR COMMENTS ANI) ATTACHMENTS : A. VICINITY MAP LANDSCAPING PLAN A NARRATIVE ARCHITECTURAL, PIAN x SITE PLAN x OTHER : PREPARE FOR PLANNER APPROVAL: A ADVERTISEMENT - TIGARD TIMES ._ (;RECONIAN A__ NOTICE TO PROPERTY OWNERS TO BE MAILED LETTER OF ACCEPTANCE OF APPLICATION NOTICE TO DI.CD - ATTACHMENTS: STAFF CONTACT: Duane Roberts MEMI)k1Nlt!M DATE 25 March. 1991 TO Duane Roberts Community Development Dept City of Tigard FROM R P Matthews consultant SIIltIECT Plan Amendment re Gaarde House historic designation I have reviewed the documents submitted to your office by the owners of the (;aarde House re their request for historic designation under the City of Tigard s comprehensive plan In addition, I have reviewed the pertinent county documents, that is u'rchingtonCounty ' v/furs/ Re'.courcr. .Vuri er rnd int entorv, Phr.cc' 1 /neorporrte4 u.ri.cdictiooctieptember. 198.4 and K'r.chington(.'ounit• ('u/furs/ Resources (/pdrtc' rnd Eva/11i1i0n August ! 988 Further I visited the (iaarde House itself on 24 3 1991 Findings I he architectural description of the t.aarde Houac is reasonahly accurate although it omits mentioning the bungalow s Craftsman style detailing which is a kr., element in its classification Unfortunately. the house and garage were moved from their oriental location on Gaarde Road in 1990 As the original location is now a lawn it is unclear why the move was necessary By removing the buildings from their original site, their historic conteitul integrity has hymn compromised The only good thing about the move one can say is that the buildings wtrrr not moved tar and remain on ( garde Road, so named, one assumes ,because oI the family s association with it Architecturally the house is significant given the demise of such residences in the Tigard area in recent years There arc other more intact examples of such modest hungalos with Craftsman detailing in the area including a few in their original locations along Pacific Highway to the north of (;garde Road 'I his Corm of residence was quite common in the suburban gardhn tract deve;opments that sprang up around the nation along interurban rail lines and highways Prior to World War II I igard probably had many such homes However. there are relatively few lelt now and the Gacrde House is one relocated as it is The replacement of the masonry piers for the porch • • columns is unfortunate. but can he reveresed The wooden railings are most unfortunate. as they do not fit the house in detail Vr scale Historically, the Gaarde House is significant, hut its significance rests primarily on its association as a landmark of the Gaarde family s early presence in Tigard rather than its actual builders John Gaarde. the father ul Hans who built the house in question, arrived in the area and established a blacksmith shop in I 49 i directly across the road from IF Tigard s store IF Tigard was the son of the pioneer immigrant Wilson M Tigard who had established a donation land claim in the area in 1812 IF Tigard's store. built in 1880, served as a post ►other and Ic,c:al meeting hall to the growing farming community of Butte, focused on the north south Salem to Portland road The U.S. Post Office allowed the use of the name •Tigardville , which was in fact initially only a postal designation for the store 0 Gaarde s arrival and his opening of a blacksmith shop added an essential business to the evolving roadside community Gaarde s arrival was also a part of a local pattern of ethnic German settlement during the 1890s (Gaarde was in fact an ethnic Dane, but a Prussian subject I The little community apparently attracted a number of Germans during this period. enough that a (:athc►Iic church was formed for them with German language services I he. Gaarde family c arrival and settleme.: in the I igard area represents the second wave of immigration to Oregon which was Iacilitated by the transcontinental railroads These railroad Immigrants were typically northern Europeans frequently Germans and often came to (Begun from other parts of the United ';totes after their initial immigration from Europe The focus of development in the area shifted north to what became Tigard's Main street in 190], in anticipation of the arrival of the electric interurban train stop that was built in 1910 With that shift old Tigard. or Tigardville IF Tigard s store. Gaarde c blacksmith shop and a few related buildings was relegated to a secondary status It represented the pre suburban country village phase of Tigard s history 1 he Guide family maintained :tc presence along what became the Pacific Highway for over 70 years burn 1893 until the 19/0s The original family home, and the blacksmith shop are gone hut the road now hears the family name and the Gaarde House remains as a monument albeit rut loose from its foundation to I igard s origins and to the second wave of immigrants who contributed to the growth and development 01 the community Recommendation • I would recommend that the City of Tigard designate the ( aarde House as a significant historic resource under the provisions of its development code fcor the its historic signittcance as a local landmark relative to Tigard s early development and association with the ethnic immigration that significantly' contributed to that development I would further recommend that the City look carefully at any future demolition or relocb:ions requests regarding olde- buildings and residences that are not presently designated as historic resources The relocation of the Guide House has compromised its significance without apparent need it • • 25 March, 1991 Mr Duane Roberts Administrative Planner Community Development Dept City of Tigard 1 i 125 S W Hall Blvd Tigard, OR 97223 Dear Mr Roberts /inclosed please hind a memo regarding my review of the (;garde House application for historic designation, including my recommendation for action Also inclosed is a copy cif the professional service agreement you requested I return along with my invoice for services. also inclosed Thank you again h►r the opportunity to assist you and the City with your historic preservation program I hope my revie%.' and recommendation will prove useful to you Should you have any gJostionr. please Feel free to call me Please let me know if I can he of service in future Sincerely yours, R P Matthews 1404 S E 16th Ave Prtland, OR 91202 1?n€I • TIGARI)VIIA E PRESERVATION SOCIETY Match 11 , 1991 To : Ed Murphy , Planning Director City of Tigard Tigard , OR 97223 From: Tigardvillt, Preservation Society Re : Soberg/Ciaarde House - 11333 SW Oaard. St The Tigardville Preservation Society would like the Planning Department to waive the fee for application of this inventory for the Historic Overlay District . The Tigardville Preservation Society wishes that the owner of the above property and the City of Tigard are recognised as the "true caretakers" of this significant structure for future generations . Regarda ,) p ‘,...15ceftr „f f / 6.• Barbara Lasselle 12175 8W Bull Mt Rd Tigard , Or 97224 CC : Duane Roberts Pat Reilly • I ' I I \ • - r.-1, 4 ail -,.... . • The GAARDE House 11333 SW Gaarde Rd Tigard, OR 97223 The Gaarde House was built In 1922 by Hans and Hilrna vk+arde who Ilved in the house. until 1988. The Craftsman-style house was orl3inally located behind the present Elmer's Pancake& Steak House. three blocks down Gaarde Street. In January, 19(,)('. the house was moved to Its present location. Lot size: 137 x 75' (10,(Xi0+ square feet) House sine: 2,700 square feet Basement: 1,000 square feet (700 square feet finished) Main floor. 1,000 square feet 2nd floor 700 square feet Rooms: [basement: family room, laundry, full bath Main floor living/dining, kltchen/butler's pantry, breakfast room, two bedrooms, full bath 2nd floor: two bedrooms, attic storage New systems: All new plumbing- copper& ABS New Ruud 100.000 Orli gas furnace New 52 gallon gas water heater All new electrical Other. Storm windows all around basement window, are large,wood,double-hung therm() pane New foundation/basement New gutters New dishwasher and garbage disposal New range hood Newly painted Rebuilt fireplace base kind chimneys Owners: Ron & Mary Sobergcr 639.4508 or 624-2575 . ZCA 91-0008 GAARDE HOUSE 13755 SW 116th PL. 2 OF 3 2S1 3DC, 1700 II sties • • I I 10541 1 1 1 , te41100 C1 ' : 31.115 ' i _e I i ' i ' I I I . I I I ti I 1 �J % I I I I L A 700 ti. i . I I I i ii . J I I ' I . . 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