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CU13-69POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. 400 ADKINS, HOWARD Conditional Use (CU 13 -69) 10010 SW Garrett File 1 of 2 , :EjA)14 I I. A4 ,"t1,1144-%44 1 ;60 t40.69*-U4 rL eXre..10/NO FOR Jio, . nE CoNDITiuNA;, CO AUTHORIZED THEREBY AND DECLARING AN EMERGE.r:7. W111.,EAS, by Ordinance No.69-64 duly adopted by the Counoil and aeproved by the Mayor on September 8, 1969, the following conditional use was authorized in an R-7 (Single-family Residential) area, pursuant to application of HOWARD ADKINS and LT,LLIAN G. ADKINS: Planned Residential Development of 12 Condominium Homes WHEREAS, pursuant to sub-section 13 of Section 1 of said ordi- 4 mince, it is provided that the conditional use shall expire in one year if the project nas not been started and continual progress toward its completion is not in evidence; and 4HEREAS, the construction of said project has been delayed by reason of the Department of Environmental Quality moratorium on sewer ser/ice connections, and the applicant has applied to the City for an extension of time within which to activate and show progress toward completion, and good cause appearing; NOW, THEREFORE, THE CITY OF TIGAHD ORDAINS AS FOLLOWS: Section 1: That Section 1, sub-section 13, of Ordinance No. 69-64 be, and the same is hereby, amended eo read as follows: /e0( "13) That this conditional use shall expire on September 8, 1971 provid th ed at on he basis of good cause shown, if the project has been initiated and con- tinual progress made toward completion prior to said date, and the project be not completed, the appli- cant may file additional request for extension of time within which to complete the project." Section 2: Inasmuch as it is necessary for the peace, health an. safety of the people of the City of Tigard, to preserve the continuity of zoning and land use planning With respect to the applieant's lands, an emergency is hereby decLared to exist, and this Ordinance shall be effective upon its enactment by the Council and approval by the Mayor. PASSED: ey the Council, by unanimous vote of all Council members present, after being read by number and title only, this 14 day of eptember, 1970. r car er ai APPROVED: by the ilayor, this 14th day of Septembd, 1970. ORDINANCE vY, ay • r CITY OF TIGARD, OREGON ORDINANCE No. 69 - AN ORDINANCE AUTHORIZING CONDXTIONAL USE(S) or LANDS CF Howard Adkins and tillian G. Adkins in Section 2, T2S, R1W4 W.M. TIGARD WASHINGTON COUNTY..., OREGON WHEREAS, the owner(s) of the lands described on attached Exhibit "A" by reference made a part hereof, has (have) filed with the City an application for authorization to conduct the following described conditional rise(1) on the said premises; and wHEREAS, the zoning classification of said lands hereto- fore established by the zoning ordinances of the City of Tigard is R-7 (single-family residential) and the conditional use(s) requested by the applicant(s) may be nroperly permitted in con- formity with the said classification; and WHEREAS, the City Planning Commission on the 20th day of August , 1969 held a public hearing with respect to said application and said Commission has recommended to the City Council that said application be approved; and WHEREAS, a public hearing before the City Council with respect to said application was duly and regularly hold cn the Oth day of ieptember 1969 , and the City Council finds that no public detriment will result from the granting of said petition and that it is in the public interest that said condi- tional use(s) be authorized, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the following conditional use(s) as defined in the City of Tigard Zoning Ordinance under the zone classification R-7 (single-family resi)ential) , to-wit: Planned Residential Development of 12 Condominium Homes be and the same are hereby authorized with respect to the lands described on Exhibit "A" by reference made a part hereof, subject to compliance with the following conditions: 1) That the site be developed in accordance witli site plan submitted, or as amended the Commission 2) That the width of the one-way loop end rat the intexnal access road be 14' and a thickenod asphalt culqo eonstructed on each side, instead of a enrb, to ease tip oa,;sile 01 larler vehicles, sueh as fire truelw 3) That staneard curbs be constructed tionr4 tho re;.,t o tne access road 4) That final plans showing drainaqe, lan1;eopin4, and proposed loeition of all utilities 1)0 sm)moted qith le bu linu oltns at the time of application 4,,r a outidial pervit 5) That t:he perimeter of the moperty be tewoo ,,ith high fence matchinq the exterior eharaeter Oi t,he buildind, 6) That the sidewins shown be 3' in width anl eonstrueted of ORDINANCII No. 69 brick or exposed aggregate, and with a standard 6" curb 7) That all utilities be underground 8) That plans for street lighting be submitted for City staff approval 9) That the exterior of the buildings be of cedar siding and the roofs of wood shingles as indicated in the proposal 10) That a 24' driveway cut be approved as shown on the site plan 11) That the common property be maintained by the home owners' association. 12) That the question of whether or not the access road will become a dedicated street should be reviewed by a meeting of the owner, the utility companies, and the City; then presented to the Planning and Zoning Commission for consid- eration 13) That this conditional use shall expire in one year if the project has not been started and continual progress toward its completion is not in evidence. . Section _2: same to the !action 3: the City of PASSED: only, this APPROVED: The City Recorder is hereby authorized and directed to certify a true copy of this Ordinance and forward applicant forthwith. This ordinance shall be effective on and after the 31st day from its enactment by the city Council of Tigard, Oregon. By unanimous vote of all Council members present, afti2r being read three times by number and title j8 day of September, 1969. -128L4 Recaierier C ty o By the Hayor, this _to', , day of September, 1969. ORDINANCE No. 69 - (7 'r Mayor - ity o gard LEGAL DESCRIPTION Howard and Lillian G. Adkins That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Southeast corner of Lot 10, FREWINGS ORCHARD TRACTS, thence North 24°30' West along the Easterly line of said tract 134.0 feet; thence South 62°00' West parallel with the Southerly line of said tract to the West line of said tract, and thence South 0°27 West along said West line to the Southwest cornier of said lot; and thence North 62°00' East along the Southerly line of said lot 7,54 chains to the place of beginning; excepting and excluding the Northerly 80.0 feet of the Easterly 120.0 feet; and also subject to the rights of the public in and to that part thereof within the bounaaries of the road. EXHIBIT HA ORDINANCE No. 69 4/Z, 2400 \\./ OM, 3 4.703 Az 36e) 2)0 C-3 36) v I to Its Pit olositite CPO% U — RR, Howard R. Adkins. P. O. Box 23583 Tigard, Oregon 97223 City Of Tigard P. O. Box 235,7 Tigard, Oregon 97223 RE: Gentlemen: / CITY OF TWARO September 9, 1970 Ordinance No, 69-64 Conditional use ct' part of Tax Lot 3600 on map 251 2CB located at 10010 SW Garrett St. in Tigard. The conditional use expires September 18, 1970 on the above described property. Because no sewer permits were available for almost a year, I hereby request that this conditional use be extended for an additional year. Sincerely Howard R. Adkins IN THE UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY t/ the Matter of Adoption of ) (Mules and Regulations Governing ) the Use of the Sewerage System ) of the Unified Sewerage Agency of ) Washington County, Oregon and Charges therefor, Granting Administrative Authority and Adopting Appeals Procedures. VtP te 1. RESOLUTION AND ORDER NO. 74)212 The above entitled matter came regularly before the Board of County Commissioners of Washington County acting as the governing body of the Unified Sewerage Agency at its meeting of June 2, 1970; and It appearing to the Board that rules and regulations governing the ooe of the sewerage system of the Unified Sewerage Agency are required and that charges for such use must be established; and hearings having bee,i held on this matter by the Unified Sewerage Agency Commission; and this order contains their findings and recommendations. It appearing to the Boarrd that there is need to establish t!cu eutho ity of the Unified Sewerage Agency and its agents, namely the inoorpoi,ated cities of Washington County performing sewerage functions under contract with the Agency; and It appearing to the Board that procedures are needed whereby those persons affected by the administrative rulings may seek redress the': fi,otim; it is therefore RESOLVED AND ORDERED that the Board does hereby adopt the ollowing rem and regulations and procedures for the use of the sewerage system of the tlrai feed Sewerage Agency and does hereby adopt rates and charges for such us end dope: hereby grant authority to the Agency and its agents to adminiater the alfeive of the Agency and does hereby adopt procedures for appealing adminis'r Ltk,e dect,eione, interpretations and ruling of the Agency as follows, to wit: SECTION 1. A. As 1. DE%'INfIONS used in this order unless the contelct require' cat i!oy.wlee • "AGENCY" means the Unified Sewerage Agency of Wnnhit on County, Oregon. 2, "AGENT" means an incorporated city of Wellington tn,unt.y authorized by contract to carry out dssignuted Cuuacti c'ot• of the Agency. S, "APPLICANT" means the person making appflcat ioa' for .7 pe i'ii t. for a sewer connection and shall be the owner of prcmi.tso, to be served by the sewer for which 4 permit is w °nittveted, e his authorized agent. 4. "BOARD" means the Board of County Commissioners of Waehi.ngton County acting as the governing body of the Unified Sewerage Agency. 5, "BOD" (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organi matter under standard laboratory procedure in five (5) daqu at 20 C, expressed in milligrams per liter, ►AS,E 7 7 6, "BUILDING" means any structure used for human habitation, employment, or place of business, recreation or other purpose containing sanitary facilities. 7. "CLEANOUT" means a sealed aperture permitting access to a sewer pipe for clehning purposes. 8. "COMMERCIAL ESTABLISHMENT" means any structure used other than as a dwelling unit or for manufacturing, 9. "COMMISSION" means the Unified Sewerage Agency Commission. 10. "CONNECTION CHARGE" means an amount of money charged for connt:cting .to the public sanitary sewer system, 11. "CONTRACTOR" means an individual, firm, corporation, partnership or association duly licensed or approv+'B by the State of Oregon and the Agency to perform the type of work to be done under the permit, 12. "COUNTY" means Washington County, Oregon 13, "DWELLING UNIT" means a separate living unit with kitchen facilities including those in multiple dwellings, apartments, motels, hotels, mobil:: homes or trailers. 14, "FIXTURE UNITS" means fixture unit load values for drainage piping and shall. be as specified in this order or if not in- cluded herein as specified in the Oregon State Plumbing laws and Administrative rules. 15, "GARBAGE" means all animal and vegetable wastes from the preparation, cooking, and dispensing of food, or the com- mercial or industrial processing thereof, 16. "INt,USTRIAL WASTES" means any liquid, gaseous, radioactive or solil waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or busines, or from the development or recovery of any natural resources. 17. "INSPECTOR" means the person designated by the agency to inspect house service connections and sewer installations, and work. 18. "INSTALLER" means either the owner of the property being served or a licensed or approved sewer contractor ng work under proper permit on the owner's premises. lc, "INTERCEPTOR" means a major sewer line that collects water- borne wastes from several trunks or pumping stations and conveys it to a sewage treatment plant. 20. "PERMIT" means any written authorization required pursuant to this or any other regulation of Agency for installation of or connection to any Agency sewerage works. 21. "PERSON" means the state, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever. 22. "PH" means the reciprocal of the logarithm of the weight of hydrogen in grams per liter of solution. -2- 0' V . 23. "PLUMBING INSPECTOR" means the person designated by the County ordinance or cities within the agency to inspect plumbing and drainage work. 24. "SANITARY SEWER SYSTEM" means the system of interceptors, trunks, mains, laterals, outfall lines, and pumping stations in the Unified Sewerage Agency for collection of normal sanitary sewage and to which storm, surface and ground waters are not intentionally admitted. 25. "SEWAGE" means the water - carried human or animal waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present, The admixture with sewage of industrial wastes or water shall also be considered "sewage" within the meaning of this definition. 26. "SEWAGE TREATMENT PLANT" means any arrangement of devices and structures used by the Agency for treating sewage. 27. "SEWER" means a pipe or conduit for carrying sewage. a. "BUILDING SEWER" means that part of the piping of a drainage system which begins at a point five (5) feet outside the established line of the building or structure and which receives discharge from the building drain or drains and conveys such discharge into a public sewer, septic tank, cesspool or to other point of disposal. b. "COMBINED SEWER" means a sewer which receives and carries storm water and sewage, c. "MAIN SEWER" means a public sewer designed to accommodate more than one building sewer. d. "OUTSIDE SEWER" means a sanitary sewer beyond the limits of the Agency not subject to the control or jurisdiction of the Agency. e. "PRIVATE SEWER" means a sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries. f. "PUBLIC SEWER" means a sewer which is controlled by or under the jurisdiction of the Agency or some public entity under contract to the Agency. g. "SANITARY SEWER" means a sewer which carries sewage and to which storm, surface and ground waters are not inten- tionally admitted, h, "SIDE SEWER" means the sewer line beginning at the property line of any building and terminating at the main sewer and connects the building sewer to the main sewer. i. "STORM SEWER" means a sewer which carries only such drainage as storm water, surface water, street wash water, and ground water. j. "TRUNK SEWER" means a major sewer line which collects sewage from sewer mains and conveys it to an interceptor, influent outfall, pump station or treatment facility. -3- 79 28. "SEWERAGE WORKS" means all Agency facilities for collecting, pumping, treating, and disposing of sewage. 29. "SEWER MAIN EXTENSION" means an extension or addition to the sanitary sewer system other than a side sewer, Sewer Main extensions in all cases shall become the property of the district. 30, "SEWER SERVICE CHARGE" ti.ea.ns a regular charge to a property owner or occupant of designated premises for the use of the public sanitary sewer system. 31. "SLEEPING ACCOMMODATION " means a room in a hotel, motel, or boarding house without kitchen facilities, 32, "SURGE" means any discharge of water, sewage or indus- trial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer thad fifteen (15) minutes more than five (5) times the average twenty -four (24) hour concentration of flows during normal operation, 33. "STREET" means any public highway, road, street, avenue, alley, way, public place, public easement or right of way. 34. "SUSPENDED SOLIDS" means solids that either float on the surface or are in 'suspension in water, sewage, or other liquids and which are removable by filtering, 35. "TRAP" means a fitting or device which provides a liquid seal to prevent the emission of sewer gas or air without materially affecting thb flow of sewage or waste water through it. SECTION 2. APPLICATION, PERMIT AND INSPECTION PROCEDURE, A. No person shall connect to any part of the sanitary sewer system without first making an application and securing a permit from the Agency for such connection, nor may any person substantially increase the flow, or alter the character of sewage, without first obtaining an additional permit and paying such charges therefor as may be fixed by the Agency, including such charges as inspection charges, connection charges and monthly service charges. D. Upon approval of the application and payment of all charges, the Agency will issue a sewer connection permit for the premises covered in the application. The application and permit shall be on forms provided by the Agency. C. After approval of the application, evidenced by the issuance of a permit, no change shall 1.e made in the location of the sewer, the grade, materials, or other details ?rom those described in the permit or as shown on the plans and specifications for which the permit was issued except with writ- ten permission from the Agency. The applicant "s signature on an appli- cation for any permit as set forth, shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other Washington County ordinances, rules and regulations of the Agency, laws of the State of Oregon, and with the plans and specifications filed with the application if any, together with such corrections or m3difications as may be made or permitted by the agency, if any. Such agreement shall be binding upon the applicant and may be altered only by the Agency upon the written request for the alteration from the applicant. -4- I ir SO U. Unless an extension of time is granted by the Agency, if work under a per- mit issued by the Agency is not commenced and completed within the time specified in the permit, the permit shall become void and no further work shall be done until a new permit shall have been secured. E. It shall be the duty of the person doing the work authorized by permit to notify the office of the Agency that said work is ready for inspection, P. All sewer construction work shall be inspected by an inspector acting for the Agency to insure compliance with all requirements of the Agency, No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the Agency's public sewer until the work covered by the permit has been completed, inspected, and approved by the Agency Inspector. All sewers shall be tested for leakage in the presence of the Inspector and shall be cleaned of all debris accumulated from construction operations. The inspector shall issue a Notice of Test Results, G. When any work has been inspected and the test results are not satis- factory a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the Agency. H. All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the Agency from any loss or damage that may directly or indirectly be occasioned by the work. SECTION 5.. MATERIALS AND MANNER OP CONSTRUCTION, A. All building sewers, side sewers and connections to the main sewer shall be so constructed as to conform to the requirements of the Washington County Plumbing Code, the Oregon State Plumbing Laws, and Administrative Rules and all rules and regulations and specifications for sewerage construction of Washington County and the Unified Sewerage Agency, E. Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by the Agency inspector, to meet all requirements of the Agency. C, A separate permit must be secured from the County or any other person having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. D. The Agency and its officers, agents or employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant, The applicant shall be answerable for, and shall save the Agency and its officers, agents and employees harmless from any liability imposed by law upon the Agency or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in the performance of his work or any failure which may develop therein, -S- 0 SECTION 4, RESTRICTIONS AS TO USE OF SANITARY SEWER SYSTEM, A. No building, industrial facility, or other structure to be served by the sanitary sewer system shall be occupied until the Owner of the premises has complied with all rules and regulations of the Agency, B. Neither temporary nor permanent drainage of excavations into the sanitary sewerage system shall be permitted. Drainage from roofs, foundation drains, uncontaminated cooling water, surface or ground water drains shall not be permitted into the sanitary sewerage system. Overflows or drains from private or public swimming pools shah not be permitted without written consent of the Agency. C. The Agency reserves the right to reject the application for service for any property owner upon whose property industrial or commercial activities create a waste of unusual strength, character or volume. All applications for the discharge of industrial waste shall be reviewed on an individual basis by the Agency. Certain restricted wastes may require pre-treatment facilities discharge to the sewerage system. Where pre - treatment facilities are required, they shall be installed and maintained continuously by the owner at his expense in satisfactory and effective operation. An inspection and sampling manhole shall be constructed and made available to the Agency for examination and testing at any time, D. No person shall discharge or cause to be discharged any substances, materials waters, or wastes, if it appears likely to the Agency that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance, or will violate standards established by the Department of Environmental Quality, In determining the acceptability of these wastes, the Agency will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials used in construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatabitity of wastes in the sewage treatment plant and other pertinent factors. E. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer; 1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas. 2. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant including but not limited to cyanides. 3. Any waters having a ell lower than 6.5 or higher than 8.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works, 4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, Cups, milk containers et cetera, either whole or ground by garbage grinders. 1 5. Oil- component wastes except that separators are employed, the effluent from which contains no more than 20 Mg /L of o11 . 6. Any liquid or vapor, having a temperature higher than one hundred fifty (150 °) degrees F (65 °C). 7. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) Mg /L or containing substances which may solidify or became viscous at temperatures between thirty -two (32) and one hundred fifty (150) degrees F (0 and 65 °C). 8. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three - fourths (3/4) horsepower or greater shall be subject to the review and approval of the Agency, 9. Any waters or wastes containing strong acid, iron, pickling wastes or concentrated plating solutions whether neutralized or not. 10. Any waters or wastes containing iron, chromium, copper, zinc, lead, fluorides, and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such dovree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established for such materials. 11. Any waters or wastes containing phenols or other taste or odor-produc- ing substances in such concentrations exceeding limits which may be established by the Agency as necessary, after treatment of the composite sewage to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. 12. Any radioactive wastes or isotopes of such half -life or oncentration as may exceed limits established by the Agency in compli, ce with applicable State or Federal regulations. 13. Materials which exert or cause: a, Unusual concentrations of inert suspended solids (such as but not limited to, Fullers earth, lime slurries and lime residues) or of dlssolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions), e. Unusual 80U, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load un the sewage treatment works, d. Unusual volume of flow or concentration of waster constituting "surges" as defined herein. 14. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of discharge to the receiving waters, 4,. 1 . .E 83 .4 { 15. Industrial plants may br required to have separate collection systems; one system to be installed for customary sanitary sewerage connected cirectly to the Agency system; a second system to be installed to collect processing wastes from shop sinks, floor drains, wash stations, plating or cleaning works and all other industrial waste sources. This system to discharge into an exterior concrete sump of sufficient capacity to hold at least one day's discharge from these sources and be connected to the Agency system only by a valved overflow. The sump shall be readily accessible for inspection and analysis by the Agency, and the Count, and only properly treated or neutralized wastes will be allowed to flow into the Agency system, The Agency reserves the right to require that Agency approval be secured for each incident of discharge,. P. The interpretation of technical provisions of this order, review of plans and specifications required thereby, determination of the suitability of alternate materials and types of construction and the development of rules and regulations covering unusual conditions not inconsistent with the requirements of this order shall be made by the Agency, SECTION S. USE OF PUBLIC SEWERS REQUIRED, A. Except as herein provided no person shall construct or maintain a:1y privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. B. The Owner of any building situated within the Agency and proximate tr, any street or sewer easement in which there is located a public or of the Agency, is hereby required at his expense to connect said building directly with the proper public sewer in accordance with the provisions of this order, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the building. C. Within 3 years of such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct con- nection shall be made to the public sewer in compliance with the rules, and regulations of the Agency, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by law. SECT ION 6, PUBLIC SEWER CONSTRUCTION, A. No person shall construct, exte6d, or connect to any public sewer Without first obtaining a written permit from the Agency and paying all fees and connection charges and furnishing bonds as required therein, The provisions' of this Section requiring permits shall not be construed to apr,.iy to contractors constructing sewers and appurtenances under contracts awarded and entered into by the Agency, B. The application for a permit for public sewer construction shall he accompanied by complete plans, profiles, and specifications, complying with all applicable ordinances, rules, and regulations of the Agency prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles, and specifications shall lir, examined by an authorized representative of the Agency who shall within ten (10) days approve them as filed or require them to be modified as he deems necessary for proper installation. S4 C. All sower work shall be so constructed as to conform to the requirements of the Washington County Plumbing Code, the Oregon State Plumbing Laws and Administrative Rules and all rules and regulations and speciications for sewerage construction of Washington County and the Unified Sewerage Agency. D. Prior to issuance of a permit for public sewer construction, the applicant shall furnish to the Agency a corporate surety or per- formance bond, or cash deposit in the amount of the total estimated cost of the work as determined by the Agency. Such corporate surety, performance bond, or cash deposit, shall be conditioned upon the performance of the terms and conditions of the permit and, unless more stringent requirements are otherwise specified by the Agency, shall guarantee the correction of faulty workmanship and replacement of defective materials for a period of one year from and after the date of acceptance of the work by the Agency. E. Except as provided, the extension of the public sewerage facilities to serve any parcel or tract of land shall be done by and at the expense of thu owner although the Agency reserves the right to perform the work and bill the owner for the cost thereof, to perform the work itself, or to perform the work pursuant to special assessment pro- ceedings. The size of all sewer mains and other sewerage facilities shall be as required by the Agency. F. Where special conditions exist in the opinion of the Agency relating to any reimbursement agreement pursuant to the provisions of this article, the agency may, either in addition to or in lieu of any of the provisions of this article, authorize a special reimbursement contract between the Agency and the person or persons constructing public sewerage facilities, Said special reimbursement agreement shall be made and entered into prior to the issuance of a permit for the work by the Agency. G. The Agency may, in its discretion, pay that portion of the costs of extending its trunk sewer system or constructing sewage pumping or treatment facilities equal to the difference in cost between the size of facility required by installerls development and the size of facility that the Agency requires under its long range master plan. SECTION 7. INDUSTRIAL USRIAL WASTES, A. The admission into the public sewers of any waters or wastes having (a) a 5 -day Biochemical Oxygen Demand greater than 250 milligrams per liter or (b) containing more than SOO milligrams per liter of suspended solids, shall be subject to the review and approval of the Agency. Where it is deemed necessary by the Agency, the owner shall provide, at his expense, such preliminary treatment as may be necessary to, (a) reduce the Biochemical Oxygen Demand to 250 milligrams per liter and the suspended solids to SOO milligrams per liter or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for or (c) control the quality, quantities, and rates of discharge of such waters or wastes, 5, Plans, specifications, and any other pertinent information relating to propos *d preliminary treatment facilities shall be submitted for the ap- proval of the Agency, No construction of such facilities shall be commenced until said approvals are obtained in writing, C. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and ef- fective operation by the owner at'his expense and available for in- spection at any time by the Agency. �g. ! ►rr 85 • D. When required by the Agency the owner of any property served by a side sewer carrying industrial wastes shall install a suitable sampling station in the side sewer to facilitate observation, sampling, and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed In accordance with plans approved by the Agency. The manhole shall be installed by the owner at his expense and shall be maintain :4 by him so as to be safe and accessible a:, all times. E. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with standard methods and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control man- hole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. E. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Agency and any industrial concern whereby industrial wastes of unusual strength or character may be accepted by the Agency for treatment, subject to payment therefor by the industrial concern and subject to such terms and con- ditions as might be required by the Agency. SECTION 8. APPEALS PROCEDURE. A. Any person aggrieved by a ruling under or interpretation of the provisions of this ordinance may submit a written appeal to the General Manager of the Unified Sewerage Agency. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on appellant's property or business together with any other reasons for the appeal. B. The General Manager shall submit such appeal together with his recom- mendations to the Unified Sewerage Agency Commission which shall forthwith appoint a panel of three members of the Commission to study the matter, hear testimony if deemed necessary, and submit recommenda- tions and the findings and reasons for such recommendations to the Commission within thirty (3) days. C, The Commission shall consider the matter and prepare a written decision summarizing the findings and the ruling of the Commission which shall be sent to the appellant and to the Board of Directors of the Unified Sewerage Agency. D, In the event that the appellant considers that his grievance has not been handled to his satisfaction by the Commission, he may apply to the Board of Directors of the Unified Sewerage Agency for an independent review of his case by the Board of Directors within thirty (30) days from the date of the written decision of the Commission. A copy of such application shall be sent to the Unified Sewerage Agency Commission which shall forward to the Board of Directors its entire file on the case for review and decision. The Board of Directors shall make an independent review of the case and shall, in not more than thirty (30) days from receipt of the application prepare a written decision on the matter which shall be sent to the applicant and to the Commission. E. Decisions of the Board shall be reviewable by the Circuit Court, the State of Oregon for Washington County solely and exclusively under the provisions of ORS 34.010 to 34.100. .10. F. Conformance with this order shall in no way be a substitute for or eliminate the necessity of conforming with any and all state and county laws, ordinances and rules and regulations which are now or may in the future be in effect relating to the public health. SECTION 9. RATES AND CHARGES FOR SEWERAGE SERVICE. A. Annexation fees will be fixed on an individual basis and will reflect such considerations as the assessed valuation of the area to be annexed, date of the annexation, sewerage facilities to be turned over to the agency, if any, number of developed properties at the time of annexation, contractual relationship between the area to be annexed and the agency, if any, and other pertinent factors. B. Plan check fees to cover the cost of review and approval of sub- division maps of street mains and other elements of the local sewage collection system (not including house connections) and inspection of sewer construction (except house connections), ten dollars ($10) per lot, but not less than one hundred dollars ($100). C. Permit fees to cover the cost of processing the permit application and performing the inspection of property connections to the sewer system: Mingle Family Residential $25.00 Multiple Residential $3.00 per unit but not less than $35.00 Commercial $35.00 Industrial $50.00 D. Additional incnection charges. If anyone making a connection applies for an inspection on a day other than a regular working day for the inspectors, the applicant shall be charged with and pay an additional' inspection fee of five dollars ($5) for each such inspection, If additional inargctions are required due to failure of the building sewer to pass the requirements !!or the installation of said sewer, the applicant shall be charged with and pay an additional inspection fee of five dollars $5) for each such inspection. Said additional inspection fee shall, be paid prior to final approval of the connection being inspected. E. Sewer connection charges within the Agency. See tables 1 and 2 attached hereto and incorporated herein. F. Monthly sewer charges within the Agency,. See tables 1. and 2 attached hcxeto and incorporated herein, G. Monthly, sewer service charges outside the Agency.. One and one-half (1 5) times the rate charged within the Agency. tt. Sewer connection char es outside the Agency. Same amount payable to the Agency as the charge in effect within the Agency. I. Charge for direct connection to Agency sewer mains. Any person applying for a permit to connect a property directly to an Agency sewer which was irstalled without direct or indirect cost to the owner of the connection property as a collector sewer, shall pay a collector sewer charge equal to the connection charge then in effect, in addition to the connection charge. Reimbursement for oversize sewers. An installer of a sewer line who is required by the Agency to lay sewer pipe larger than that required for his own purposes, to accommodate other users will be reimbursed by the Agency for the difference in cost between the size of line installed and that which would be required for his own use. • 11 A .o irr 87 K. Reimbursement for off -site sewers. An installer of off -site sewers connecting 6 Agency lines may request a reimbursement agreement with the Agency. Such agreements will be made on an individual basis. Dated this 2nd day of June, 1970, to become effective July 1, 1970 Unified Sewerage Agency of Washington County, by the Board of County Commissioners f,sr Washington County, Oregon, acting as its Governing Body AYE t4AY ANICKER HOW MAST34S - ABSENT r 12 .. 262 2 4,2.61"-, Recording Se'retary 1. cm- 88 )4, TABLE 1 UNIFIED SEWERAGE AGENCY RATES AND CHARGES Class of Service Based on occupancy and / or t •e of dischar RESIDENTIAL Connection Charge Service Charge* Payable at time of issuance of Flat rate payable in advance e buildin. 'ermit unless noted Metered •a able 10 da s after billing 1. Single 1~amily )Melling Unit (DU). Premises with kitchen including multiple, mobile home or trailer space, motel or hotel unit. In the case of multiple units includes common areas such as lobby, hallways, utility rooms up to ,x 10% of unit space but does not include restaurants or beta which are under commercial rates. $ 3 75 DU to 6/30/71 incr, easing $25 at the start of each fiscal, year thereafter to a maximum of $600. NON RESIDENTIAL 2. Commercial and other including dry induatrial and public structures 3. Special commercial. Car wash, manual Car wash, automatic Laundries Laundromat 4. Special Services Schools: Elementary High & College Churches Hospitals - general Convalescent /Rest, Homes Sleeping accommodations without kitchens The lesser of: a) 1 DU /1500 sq.,ft. inter- ior or less, or b) 1 DU / -1/4 acre or less, or. c) 1 DU /16 fixture units or less (see fixture unit equivalents in Table 3) but not less than 50% of the maximum charge of the alternatives above. Dwelling Unit charge same as in 1 (Residential) above. 5. Industrial- Manufacturing Water borne wastes with more that 5b# per day of D.O.D. or 5.5. $3.00 /DU per month or any portion thereof $3.00 /month or any portion thereof for each 16 fixture units or any fraction thereof Same as 2, abcve Based On monthly metered water consumption: 200 /100 cf for first 10,0010 cf 150/110 of for next 20,000 of 10/101' cf over 10,000 cf Minimum $3.00 /mont►. Same as 2, above 1 DU for each 17 students 1 DU for each 10 students 1 DU for each 25 seats 1 DU per bed 1 DU per 2 beds 1 DU per 2 room Dwelling Unit charge same as in 1 (Residential) above Based on separate engineering Based on measured sewage flow study of actual costs to for maximum month -8.50 /100 of agency but not less than plus a) 6.13 mills /lb. B.O.D. in commercial. Agency may require excess of 250 mg /1 and /or b) pre- treatment rather than 4.58 mills /lb. S.S. in excess accept wastes at stated rates. of 300 mg /1 *New structures will be charged a service charge six months after issuance of a permit to connect to the public sewer unless a deferment is requested. The maximum period of defer- went will be six months for a maximum total time of one year from issuance of permit to the beginning of the charge. TABLE 2 UNIFIED SEWERAGE AGENCY tATES AND CHARGES sewer Service Category ,^Contaection. Char e Based on time of construction Pa�able as noted below A• rsemieee existing on 7/1/70 served by private sewerage system. B. Premieea existing on 7/1/70 uneewered 0. Premises conetructioh of which started after 7/1470 Served by private system No charge $300 if connected within yearn from time useable sewer constructed within 300 feet of property 80% of DU charge at time of connection to USA facility less tares paid to USA, but not i ®ea than $300 Dwelling Unit charge •same as in 1 (Residential) .above • Service Chartxe ' Pa able at; noted below No charge by USA until connected to USA facilities 3 No charge by USA until connected to USA facilities TABLE 3 FIXTURE UNIT EQUIVALENTS COMMERCIAL BUILDINGS 1 toilet equals 6 fixture units 1 urinal equals 5 fixture unite 1 sink or labatory equals 2 fixture unite 1 Bradley sink equals 5 fixture units 1 floor drain equals 2 fixture unite in dry utot ge otherwise must be rated according to use 1 industrial garbage disposal equals 15 units df connection Rated by B.O.D. loading from 1 standard garbage can LAUNDROMATS 1 12 lb. washer equals 12 fixture unite 1 20 lb. washer equals 20 fixture units 1 30 lb. washer equals 30 fixture unite 1 extractor equals 6 fixture units. No charge by USA until connected to USA facilitieg All other Mixture unit equivalents not shown above Shall be those specified in the Oregon Uniform Plumbing Code. Howard and Lillian Adkins V. 0. BOX 23583 Tigoird, Oregon 97223 Re: Conditional Use APPlic-lon Map 41,281. 203, part of T Lot 3600, 1ocat • t 0 S.W. Garrett Street \ September 10, 1969 Dear Ht. and Mrs. Adkins: The Tigard City Council, a 80 1969, adopted Ordinanc the above property. I am enclosing cent conditions, as wet the meeting Suptetber conditional use on 'Ale ordinance, outlining you submitted. to you on this matter, If X may be of fu ter assis please feel free contact DH/JP Znicli, 2 Sincerely, Doris Hartig City Record r nepartment of evenue and Taxat on Mapping Section Washington County Courthouse. Hillsboro, Oregon 97123 September 10, 1969 Attention: Marvin I3lehr The Tigard City Council, 8, 1969, adopted Ord. nance lands of Sward and Lillian We are enclosing ie ation. DO/iP End . ar meeting September r conditional use on inance for your infor Sincerely Doris Hartig city Recorder September 10, 1969 Department of Revenue and Taxation Waohington County Courthouse Hillsboro* Oregon 97123 .!..ttentiont Appraisal Depazent - \ Gentlemen The Tigard City Council* at. ij reg1ar meeting September 80 1969, adopted Ordinano 104-64 fo )conditional use on lands of Howard and tilli G. AdX*ns. We are enclosing a copy of thi IOrdinance for your infor mation, y N , ( g ii ‘A , ',.., Sincerely, Doris Hartig City Recorder • (s , • "fr j. 4 it/ t jk e: CITY OF TIGARD, OREGON ORDINANCE NO. 69 - 6.;( AN ORDINANCE AUTHORIZING CONDITIONAL USE(S) ON LANDS OF Howard Adkins and Lillian G. Adkins in Section 2, T23, R1W, W.M. TIGARD WASHINGTON COUNTY OREGON ' WHEREAS, the owner(s) of the lands described on attached Exhibit "A" by reference made a part hereof, has (have) filed with the City an application for authorization to conduct the following described conditional use(s) on the said premises; and WHER;aAS, the zoning classification of said lands hereto- fore established by the zoning ordinances of the City of Tigard is R-7 (single-family residential) and the conditional use(s) requested by the applicant(s) may be properly permitted in con- formity with the said classification; and WHEREAS, the City Planning Commission on the 201 day • of LaLtat , 1969 , held a public hearing with respect to said application and said Commission has recommended to the City Council that said application be approved; and WHEREAS, a public hearing before the City Council with respect to said application was duly and regularly held on the 8th day of September 1969 , and the City Council finds that no public detriment will result from the granting of said petition and that it is in the public interest that said condi- tional use(s) be authorized, NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Seetion 1: That the following conditional use(s) as defined in the City of Tigard Zoning Ordinance under the zone classification R.7 (single-family residential) , to-wit: Planned Residential Development of 12 Condominium Homes be and the same are hereby authorized with respect to the lands described on Exhibit "A" by reference made a part hereof, subject to compliance with the following conditions! 1) That the site be developed in accordance with the rite plan submitted, or as amended by the Commission 2) That the width of the one-way loop ond of the intotnal aces road be 14' and a thickened asphalt edge be vonstrncted on each side, instead of a curb, to ease the passage f larger vehicles, such as fire trucks 3) That standard curbs be constructed along the rest ot the access todd 4) That final plans showing drainage, landscaping, and 'ne, proposed loeation of all utilities be submitted witl. the building plads at the time of application for a bulidlnq perftit 5) That the peritoeter of the property be fenced with a 5'-7' high fence ratching the exterior character of the buildinds 6) That the didowalks shown be 3' in width and constructed of r ORDINANCE NO. • brick or exposed aggregate, and with a standard 6" curb 7) That all utilities be underground • q) That plans for street lighting be sabmitted for City staff approval 9) That the exterior of the buildings be of cedar siding and the roofs of wood shingles as indicated in the proposal 10) That a 24' driveway cut be approved as shown on the site plan • 11) That the common property be maintained by the home owners' association. 12) That the question of whether or not the access road will become a dedicated street should he reviewed bra meeting of the owner, the utility companies, and the City, then presented to the Planning and Zoning ComMission for consid- eration 13) That this conditional use shall expire in one year if the project has not been started and continual progress to Ward its completion is not in evidence. • ection 2: The City Recorder is hereby authorized and directed to certify a true copy of this Ordinance and forward same to the applicant forthwith, Section 3 1st dayifrom its enactment be effective on enactment bythecity inciltof the City of Tigard, Oregon. PASSED: By unanimous vote of all Council members present, af,er being read three times by number and title only, this Cay of September, 1969. i the Mayor, this ia7 day of September, 1969. N,�'F'RO'VTAD. By ORDINANCE No. 69 w 14L TIGARD CITY colINcIL REGULAR MEETING SEPTEMBER Bo 19699 7:30 P.M. 1. ROLL CALL: Present: Mayor E. G. Kyle, Councilmen Floyd H. Bergmann° Daniel L. Larsen, Robert C. Moore, Thomas M. O'Halloran; Stephen M. Telfer, City Administrator; Fred A. Anderson, City Attorney; Keith C. Thompson, Director of Public Works Doris Hartig0 City Recorder 2. PLEDGE OP ALLEGIANCE 3. APPROVAL OF MINUTES, August 25, 1969, 7:30 P.M. (a) Approved as submitted 4. APPROVAL OF BILLS, $36,03373. (a) Motion to approve: Councilman O'Halloran, seconded by Councilman Bergmann. Approved by unanimous vote of Council. 5. MONTHLY REPORTS (a) Motion to accept reports: Councilman Moore, seconded by Councilman Larsen. Approved by unanimous vote of Council. 6. WRITTEN COMMUNICATIONS (a) City Administrator reviewed petition containing 6 names, requesting 2-hour parking restriction on S.W. Hall near 99W be removed. City Administrator recommended denial of request, in view of proposed improvement of intersection. Motion by Councilman Bergmann to table request at this time and authorize City Administrator to respond to petition; seconded by Councilman Larsen. Approved by unanimous vote of Council. (b) Letter from Eldon Houto Chairman, Washington County Com- missioners, regarding Columbia Willamette Pollution Authority. Administrator recommended city write letter stating we would be in favor of county joining CWAPA. Motion by Councilman O'Halloran authorizing Administrator to write letter indicating city approves County joining CWAPA; seconded by Councilman Larsen. Approved by unanimous vote of Council. 7, LERON HEIGHTS IMMY,EMENT DISTRICT - AWARDING BID (a) Continued irom August 25, 1969 council Meeting The following bids were received: Amt. Bid Days Cascade Ditching Service $24,526.20 120 George W, Lind Jr. $260319.35 30 Lord Bros, Contractors Inc. $210705.60 60 C, Jv Montag & Sons $200545.75 45 Bryan Morrison Inc. 0.4,250,65 60 Engineer's Estimate: $17,000. City Administrator commented City is missing two easaments and the low bidder is requesting an extra $2,000, fo: restoration Low bidder has stated he will not accept bid if City did not al,Icw additional $2,000, Administrator recommended City reject all bids ard rebid project. Bryan Merrison Construction Co_ bid $14,252 15 plus extra $2,0000 for restoration, if allowed, total bid $16,252Y15, Second low bidder would rot accept contract unless also awarded Derry Dell Project. Third bid was $24,526.30, (b) Motion by Ccuncilman Moore t,o authorize City Attorney and Administrator to negotiate with Mr, Morrison, if 2.t is legal, and award bid if tie price did not exceed the second low hid seconded by Councilman Bergmann, Approved by unanimous vote of Council. 8. S. W. ASH STREET IMPROVEMENT - AWARDING BID (a) Continued from August 25, 1959 Council Meeting City Administrator reperted east half of Se W. Ash Street not completed properly and difficulty in negotiating with developero Total bid received on project $2,361„85 Engineer's estimate, $500 City Administrator recommended City reject bid and do work by staff on force account, (b) Motion by Councilman Mecie to reject bid and authcrize City Administrator to preceed with imprevement on city half of S.W. Aah or both sides if he car negctiate with developer; seconded by Councilman O'Halloran, Approved by unanimous vote of Council, 9, COOK PARK IRRIGATICN SYSTEM - AWARD:NG BID (a) Director of Public Works reported following bids received: United Pipe Co 15 days $5,187_28 2% cash discount R. M. Wade Co 14 days $6,121.73 Rogers Machinery Co, 14 days $6,987,38 Director of Public Worke recommended contract be awarded to apparent low bidder, United Pipe Co, (b) Motion by Councilman, Y.arser. to accept United Pipe Cc o bid seconded by Councilman Moore, Approved by unanamols vote of CeuncOl. 10 COOK PARK 'WAD IMPPOVEMENT AWARLTNG 8.1D (a) Director of Public Works ieperted following bids received: Cascade Conettucticn Co 90 days $11,0/9,00 Orogen Asphaltic Pavirg 45 day e $11,082,00 Direetor of Public Wok e recommended contract be awatded to apparent low bidder, Cascade Construction Co, (b) Motion by Councilman Bergmann to accept Cascade Construc- t:fen Cc b:0 ccil Ly Leaocilmar O'Halicran Appwed ly unaLionc,61u 1,6tc ± eancil, Page 2 - Counc41 Minutes 9/8/69 11. S. W. 91ST AVENUE IMPROVEMENT - AWARDING BID (a) Director of Public Works reported following bids received: Oregon. Asphaltic Paving Cascade Construct ion Co, 45 days $1,620,00 90 days $1,470,00 Director of Public Works recommended contract be awarded to apparent law b%dder, Cascade Construction Co. (b) Motion by Councilman O'Halloran to accept bid of Cascade Construction Co.; seconded by Councilman Larsen. Approved by unanimous vote of Council. 12. ORDINANCE No 6924 - AN ORDINANCE AUTHORIZING CONDITIONAL USES ON LANDS OF Howard Adkins and Lillian Co idkins in Section 20 T2S0 R1W1 L.M. Tigard0 Washington County0 Oregon (a) Public Hearing - 8:00 P M. Those who testified for: Howard Adkins, developer Willard Martin, architect Those who testfied against: Mrs_ Marion Eavish, 9995 S.W. Garrett Chester Curry, 9975 S.W. Garrett Public Hearing closed (b) Motion to adopt: Cto4neilmar Mome, seconded by councilman Bergmann, Approved by unanimous vote of Council. 13. ORDINANCE No. 62-65 - AN ORDINANCE AMENDING ORDINANCE No 66-20 "MGTOR VEH/CLE CODE OF THE CITY OP TIGARD" - BY ADDING THERETO NEW SECTIONS AND AMENDING PRE-EXISTING SECTIONS TO BRING THE SAME INTO CONFORMITY WITH PERTINENT PROVISIONS OF THE OREGON LAWS OP 1969 AS ENACTED BY THE 1969 LEGISLATIVE SESSION, AND DECLARING AN EMERGENCY (a) Motion to adept.: Councilman Larsen, seconded by Councilman O'Halloran, Appioved by unanimous vote of Council OMER EUS1NESS A. City Admintstratot ropoGted moo ti.Ae to study revised Planning and Zoning membershLp IL City Adminlatxatot reported Tiyaid :aycees would like to change their representative to the Citizen-Police Community Relations Council- Mr, Bart Bonnie, Vreondent of the Jaycees, is moving from the comvi:inay and px6posed rerresentative is C L- "Chuck" Norton. (1) Motio,l, to au.Nurt M by CcuncilAan Larsen neoz,nd6d (eunc;-,c.nai,, DorTnann Appgeved by ;yete of Wareal, Page 3 CNIne,x1 r-12.nuta 9/8/69 C. City Administrator introduced Dick Spears, representative of the Tigard Jaycees, who explained proposed fund raising for "Operation Comeback" to help people who live in area damaged by Hurricane Camille. Jaycees would like to solicit funds by stopping all cars. Council suggested another method of soliciting funds, using volun- tary means for collection. D. Mayor introduced visitor, Dennis Moore, Field Consultant from League of Oregon Cities. E. mr. Hobe Vermilye, representative of Tigard Development Commission, requested City take steps to improve railroad crossing. Tigard Development Corp. anxious to have improvement made and is willing to pay for half of paving costs. Development Corp. recommended dip at crossing be altered and shoulders be widened an additional 4 feet. Council expressed interest in improving tracks. In view of civil complaints filed, Council instructed Administrator and City Attorney to investigate and see what action could be taken to improve crossing. (1) Motion by Councilman O'Halloran to instruct City Attorney and City Administrator to investigate legal ramifications and make recommendation for improvement of railroad crossing,/ secended by Councilman Larsen. Approved by unanimous vote of Council. P. City Administrator requested authorization to have Aloha Sanitary Service pump sludge from second digester at cost of $1120. (1) Motion to authorize: Councilman Bergmann, seconded by Councilman Moore. Approved by unanimous vote of Council. Gd City Administrator requested approval of progress payment #1 for $8,392.55 - Charles L. Shepherd, Canterbury Heights Improvement District. (1) Motion eo approve: Councilman Larsen seconded by Council- man Bergmann. Approved by unanimous vote of COuncil. H. Adjournment 9:30 P.M. City Recorder ATTEST: Mayor Page 4 Council Minutes 9/8/69 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, } ss, NEC PI ......Joseph ,Schafer ....�....._...... CITY F 1iMUot being first duly sworn, depose and say that I am the publisher ..._._ .............�.. .... of The Tiard Times, a newspaper of general circulat(oii, as defined by ORS 193.010 and 193,020, published at Tigard, in the aforet,aid county and state; that the legal notice, .a printed copy of which is hereto annexed, was published lit the entire issue of said newspaper for 2 successive and consecutive weans in the following issues .. "E" 28 a-- .,Sept • 14., 1969 r. 0 s,.. �0r uhs. beci''d sworn to before me this .).49i101011;;.. Q 1011; ;..... 19_69 My oiiini.i ; 6 expitrs ...... ire) t 1 w dly of ..._..�... Notary Public of Oregon a Os* Gra 1969 at , dL 04 ion> i 4000' per, r iirildi::: at ) 000 S. p a St' r ) p: for �� a tit or a tl:Afu t, it 0 a"ta ` l , e COVzvgIZ; � oa Xo a r. � o leh 00:0 1.r R, F r44, T r, TT Publish Aug , :8, SOlib 4 { 1969 a MAI +fp CITY OF TIGARD NOTICE OP PUBLIC HEARING CONDITIONAL 'USE APPLICATION FOR PLANNED RESIDENTIAL DEVELOPMENT Notice is hereby given that a Public Hearing will be held by the City Council in the Library Room of the Charles F. Tigard Grade School at 13125 S.W. Pacific Highway in Tigard, Oregon, on September $ 19690 at 8:00 PAL with respect to the follow-. ing application. Applicant is Howard Adkins, property located at 10010 8.14 Garrett Street, (Map 2S1 200 part of Tax lot 3600). Request for conditional use for planned residential development of 12 condominium homes in an Rm.7 sone—.:; (single-family residential). All interested persons may appear and be heard in favor of or against the said proposals. BY ORDER OF THE CITY COUJICII Doris Hartig City Recorder TT Publish Aug. 28, Sept. 4, 1969 CITY OF TIGARD P, O. Box 23557 12420 S. W, Main Tigard, Oregon 97223 August 29, 1969 NOTICE OF PUBLIC HEARING Notice is hereloy given that a Public Hearing will be held by the City Council in the Library Room of the Charles F. Tigard Grade School at 13125 S.W. Pacific Highway in Tigard, Oregon, on Septembar 8, 1969, at 8:00 P.M. with respect to the following application: Applicant is Howard Adkins, property located at 10010 S.W. Garrett Street, (Map 02S1 2CB, part of Tax Lot 3600). Request for conditional use for planned Y:esidential development of 12 condominium homes in an R-7 zone (single-family residential). All interested persons may appear and be heard in favor of or against the said proposals. BY ORDER OF THE CITY COUNCIL 9161-1A-c-J. DO s Hartig City Recorder • • ale Au-unt 11(9 iL.'7,1;e3 Ttcrkre$ Ortvbrt 97('1:17 Docir rro Thtm, ir4 to. orlot&4i47 rlot.tr ;74x1 that your rcmcrot :or tortelAtto7161.''1140'.:or 1 1M Itcrtletc.,t0._ tal) 1015 aercHt Aroel o it ot nt V):7,10 ftwett (r!an 20,!A0, o;',1,4,,,,z; lot 7,61A Vel2 (,Nn"TOVCd, ',077 to lAann1Lr tv14., V,onAnc. Cay,noloq on- Au2uot t7!,0-0 'Mit) tt) rcormIc11.04 tr* 01,0' Council nn0 ,viou bo notOt � t'ho &t tho Oloto,(1114o ubt !loartne40 • It ynn have •t! c &S -ort4V1I'da!1 td tiato- nattort t-col trap to o611-0 %1,04o1 y's4; r4;0 '4,1„cief Cl,ty 1 PLANNING AND ZONING COMMISSION August 20, 1969 AGENDA ITEM: 3 -A CONDITIONAL USE APPLICATION: Plenned residential of 12 condominium homes in the R -7 zone. APPLICANT: Howard Adkins PROPERTY INVOLVED: 10010 S. W. Garrett Street (Map #281 2CH part of tax lot 3600) SIZE OF PROPERTY: 1.15 acres STAFF RECOMMENDATION: The staff recommends approval of this planned residential proposal of 12 condominium homes in concept and with conditions: 1. that the site be developed in accordance with the site plan submitted, or as amended by the Commission 2. that the width of the one -way loop end of the internal access road be 14' and a thickened asphalt ecage be constructed on each side, instead of a curb, asphalt ease the passage of larger vehicles, such as fire trucks 3. that standard curbs be constructed along the rest of the access road 4. that final plans showing drainage, landscaping, and the pro- posed location of all utilities be submitted with the build- ing plans at the time of application for a building permit 5. that the perimeter of the property be fenced with a 5'--7' high fence matching the exterior character of the buildings 6. that the sidewalks shown be 3' in width and constructed of brick or exposed aggregate, and with a standard 6" curb 7 that all utilities be underground S. that plans for street lighting be submitted for, City staff approval 9, that the exterior of the buildings be of cede? ing and the roofs of wood shingles as indicated in the proptl 10. that a 24' driveway out be approved as shoal on ? ,e site plan 11. that the common property be maintained by thk: hoi,: owners association, and, in the event that it isrt maintained, the City property may own se such maintenance to be done and assess the per(s) accordingly 12. that the question of whether or not the access road will be- come a dedicated street should be reviewed by a meeting of the owner, the utility companies, and the City, then presented to the Planning and Zoning Commission for consideration 13. that this conditional use shall expire in one year if the project has not been started and continual progress toward its completion is not in evidence 251 2CE (23-24) *3600 2000 3500 3502 3501 (23-9) 3402 3700 04x4IRPJAvg, NAME OF APPL1CANT2 Howard Adkins CONDTMNAT, nt; zonvurnwl Planned Residential (12 Units) PROPEVTY AVOLVED: 10010 S. W. Garrett Street (Map 251 2CB part of tax lot 3600) (1.15 acres) The following verson rAnd LiAeir addresses comtvise this mailing list of woperty owners abatttng or across the street o!: the property involved, as taken from the Washington County .ispessorur3 current tax rolls Howard R. & Lillian Adkins, P. 0. Box 23583, Tigard John & Barbara Setniker, 11830 S. W. Gaarde, Tigard Norman Wood & Pearl A. Page, 10042 S. W. Garrett, Tigard Norman Wood & Pearl A. 1-age, 10042 S. W. Garrett, Tigard Frank E. & Juanita A. Williams, 10040 S. W. Garrett, Tigard William E. & Billie Jeanne Bade, 10025 S. W. Garrett, Tigard William & M. M. Sabisch, 9995 S. W. Garrett, Tigard 2S1 2CC (23-24) 300 P. E. & Eva T. Cramer, 9980 S. W. Garrett, Tigard 300 Katherine Z. Mail, 6175 S. W. Arrow Wood Late, Portland, 97223 301 F. E. & Eva T. Creamer, 9980 S. W. Garrett, Tigard 301 Katherine Z. O'Neil, 6175 S. W. Arrow Wood lane# Portland, 97223 100 Peter J. & Dorothy J. Galante, 13400 S. W. Pacific Hwy, Tigard Director of Planning, Washington County Court House, Hillsboro, 97123 v August 6, 1969 City of Tigard Planning and Zoning Commission Meeting August 20, 1969 M I N U T E S The regular meeting of the Tigard Planning and Zoning Commission was called to order at 8 :00 P.M, at the Tigard City Hall Council Chambers. 1. ROLL CALL A. Present: Commissioners Jerry Harris, Clarence Nicoli, Charles Woodard and Chairman Allan Paterson; Director of Public Works, Keith Thompson; and City Planner Emily Wied. B. Absent: Commissioners George Lewis, Elton Phillips and Everett Severson 2. INTRODUCTION A. Chairman Paterson introduced Jerry Harris, the new member of the Commission, appointed by the City Council to replace Jim Aitken whose term expired July 2, 1969. Mr. Harris will serve a term from July 2, 1969 to July 2, 197:1. 3. APPROVAL OF MINUTES A. The Minutes of the regular meeting on July 16, 1969 were approved as written. 4.' PUBLIC HEARINGS A, Conditional Use HOWARD ADKINS, applicant A request for a conditional use for a planned residential development of 12 condominium homes in an R-7 zone (single- family residential) on a 1.15 acre parcel of land located at 10010 S.W. Garrett (Map #251 2CB, part of Tax It 3600) 1. Staff recommendation for approval with conditions 2. Public Hearing a. Mr. Howard Adkins, applicant, explained the condominium conenpt and this proposal of 12 individually owned homes with common walls and a home ownership association set up for grounds, building exterior and improvements maintenance. Mr. Williard Martin, architect, explained the idea of a small community around a central square that he had tried to create. b. Mrs. Marion Sabasch, 9995 S.W. Garrett Street, asked about the R -7 one and the Planned Residential Condi- tional Use, and said she didn't want any more multiples in the area. Mr. Harris explained that only this site plan could be built. c. Mr. Williams, 10040 S.W. Garrett, asked about the lack of water which had been a problem in the previous appli- cation. Ir. Thompson read a letter from the Tigard Water Ditrict stating that a 6" line has been budgeted for Garrett Street this fiscal year. d. Mr. Williams asked if the internal roadway would become a dedicated street. Mr. Paterson explained that the owner could bring his request to the Planning and Zoning Commission sometime in the future. e. Mrs. Sabisch asked about the location of a fire hydrant. Mr. Nicoli said that the Water District Engineer would decide where hydrants Will go on the new line - that they will be installed every 1000' so that no property is more than 500' from a hydrant. f. The public hearing was closed. 3. Commission discussion and action a. Mr. Woodard asked that Mr. Adkins explain the proposed heights of the buildings. Mr. Adkins explained that there would be five one -story only units and seven units which would be two -story in the front and one - story in the rear. b. It was moved (Nicoll), seconded (Harris) and passed by unanimous vote of the Commission present that the conditional use be approved with the conditions recom- mended by the staff: 1) That the site be developed in accordance with the site plan submitted, or as amended by the Commission 2) That the width of the one -way loop end of the in- ternal access road be 14' and a thickened asphalt edge be constructed on each side, instead of a curb, to ease the passage of larger vehicles, such as fire trucks 3) That standard curbs be constructed along the rest of the access road 4) That final plans shoaling drainage, landscaping, and the proposed location of all utilities be submitted with the building plans at the time of application for a building permit 5) That the perimeter of the property be fenced with a 5' -7' high fence matching the exterior character of the buildings 6) That the sidewalks shown be 3' in width and con- structed of brick or exposed aggregate, and with a standard 6" curb ■l That all utilities be underground. 8) That plans for street lighting be submitted for city staff approval 9) That the exterior of the buildings be of cedar siding ding and the roofs of wood shingles as indicated in the proposal 10) That a 24' driveway cut be approved as shown on the site plan 11) That the common property be maintained by the home owners association, and, in the event that it is not maintained, the City may cause such maintenance to be clone and assess the property owner(.) accordingly 12) That the question of whether or not the access road will become a dedicated street should be reviewed by a meeting of the owner, the utility companies, and the City; then presented to the Planning and toning Commission for consideration 13) 'I-At this conditional use shall expire in one year i' the project has not been started and continual progress toward its completion is not in evidence )0 B. Variance WALLACL .;t �OIIN:'UNt applicant A request for a variance for reduction of the side yard set- backs from 50 feet to 20 feet on the west boundary and the south boundary along Fanno Creek on a 1.2 acre parcel of land located at the southwest corner of S.W. Tigard Avenue and S.W. Grant Street 'Map #2S1 213A, Tax Lot 800) 1. Staff recommendation for partial approval with conditions 2. Public (tearing a Mr. Kenneth Graves, 9650 S.W. Tigard Street, spoke in opposition, saying he was afraid of noise and other undesirable aspects of industrial development, av,d that, at least for the next few years, his home would be located next door to this property. b. The public hearing was clotted. Page 2 - P &2 Minutes 8x'20/69 r∎ August 8, 1969 NOTICE OP PUBLIC HEARING iotito is hereby given that a Public Hearing will be held by t•'• - Planning and Zoning Commission of the City of Tigard at oli-v Halle 12420 S. W. Main Street0 Tigard, Oregon on August 200 1969 at 8 :00 P.M. with respect to the following: An application by Howard Adkins for a Con- ditional Use for a planned residential development of 12 condominium homes in a 1t-,7 `zone (single-family residential) on a 1.15 acre parcel of land located at 10010 S. W. Garrett (Map #281 2CB, part of Tax Lot 3600.) All interested persons may appear., and be heard in favor of or against said proposal . 431111- rrrLW.�w.+li..W.f_r.yrrwY.warr . Wi ._ . J. Allan Paterson CHAIRMAN The sketch below is made solely for the purpose of a siting in locating Laid promises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey, Pioneer National Title insurance Company Title and Trust Division 27A c. C4) b, '2400 1.03Ac, +r 30i 424c, '301 A l . 340'5 %, ,17Ac, a* 340 .4 1* ,',Sae;, f r 9 a 391W ...Go fq 71,94 gyp e � .3 4t 0 2 40.0 ado .5840 7 7 sale a 2.100 A. C rSIP , .4 3600 1.35A c, ,+ 2,000 0 0 N 4. 111111111111 AFFIDAVIT OF MAILING STATE OF OREGON County of Washington City of Tigard $S. Emily M. Wied, being first duly sworn, on oath depose and say: That I am Planning Administrator for the City of Tigard, Oregon. That I served notice of hearing of the Tigard Planning and Zoning Commission of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the 3th day of August 1969, by mailing to each of them at the address shown on the attached list (Marked Exhibit said notice as hereto attached, deposited in the United States Mail on the 8t4 day of Postage prepaid. Ttlat 1969, Subscribed and sworn to before me thil 8th day of August 1969. ion ‘N-tit ' (4, 11-.3 5■,,P4o,101.10 11,,44 . , A -1161:h Afttiglie--6TYiregon expires:.*ffiY4A-Ii-4,441.;=.= B), [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] 1• • TIGARD WATER DISTRICT Mr. Howard Adkins P.O. Box 23583 Tigard, Oregon 97223 Dear Sir: 91941 S. W. COMMERCIAL ST. TIGARD, OREGON 99223 PHONE (533) 639-1554 August 14, 1969 RECEIVED PA 1 5 1969 CITY OF TIGARD In answer to your question as to water main replacement on Garrett Street between Pacific Hwy. and Ash Avenue. The Tigard Water District does plan to replace the line with a 6" main in this fiscal year. ELC/rw Yours very truly, TIGARD WATER DISTRICT y9L1K Eug0 L. Carroll Administrator r CONDITIONAL USE OR VARIANCE APPLICATION City of Tigard Planning Department 639-4171 12420 SW Main street, Tigard, Oregon 97223 - IrfiEASE PRINT iriNK OR TYPE Applicant' s Name jaalAALL1__-1:2,612-______Phone- Applicant's (City) (State) (zip) Applicant is Owner Contract Owner Developer_LX__Agent Other Date of Application moors,* Signature of Owner(g)44- Pile 1....rorga Receipt # By ....1. Date Man....113Wee. **Am.* wo....moose.maleonesotruounlawmcome....rwamewomuaremsamotar. For additional information, please contact ) Address_ 73 '4.; S73 i PROPERTY INVOLVED: Map #2.123 Tax tot (s )_2 Book Page Address L _ Area_ _Lacres) Existing buildings (no, and type) Present zoningj- U5ejj.2 f ;-* Proposed Conditional Use or Variance_ Water: Tigard A_Jvietzger Sewer; Tigard....:.4_, Metzger /..1d Reason for Conditional Use or Variance STAFF REPORT: "") PLANNING COMMISSION ACTION: CITY COUNCIL ACTION: 3/69 AMOMMOMMOMMIMMOMiliMilli STAFF REPORT HOWARD =INS CONDITIONAL USE APPLICATION REQUEST: Conditional use for a planned residential development of 12 condominium homes in an R -7 zone (single family residential) PROPERTY INVOLVED: 10010 S.W. Garrett (Map #2S1 20B, part of Tax Lot 3600) SIZE OF PROPERTY: '.15 acre STAFF RECOMMENDATION: Staff recommends approval of this planned residential proposal of 12 condominium homes in concept and with conditions as approved by the Commission. PUBLIC HEARING: Two neighbors diked questio;rs and objected to apartments. COMMISSION ACTION: Four Commissioners present: unanimous vote for approval with the conditions recommended by the staff. 1) That the site be developed in accordance with the site plan submitted, or as amended by the Commission 2) That the width of the one -stay loop end of the internal acoets road be 141 and a thickened asphalt edge be con- structed on each side, instead of a orub, to ease the passage of larger vehicles, such as fire tracks 3) That standard, curbs be constructed along the rest of the access road 4) That final plans showing drainage, landscaping, and the proposed location of all utilities be submitted with the building plans at the time of application for a building permit 5) That the perimeter of the property be fenced with a 51-71 high, fence matching the exterior character of the buildings 6) That the didewalks shown be 3' in width and con- structed of brick of exposed aggregate, and with a standard 6" curb 7) That all utilities be underground 8 That plans for street lighting be submitted for City staff approval 9) That the exterior of the buildings be of cedar siding and the roofs of wood shingles as indicated in the proposal 10) That a 24' driveway cut be approved as shown on the site plan ` :) That the common property be maintained by the home owners association, and, in the event that it is not maintained, the City may cause such maintenance to be done and assess the property owner(s) accordingly "°) That the question of whether or not the access road will become a dedicated street should be reviewed by a tweeting of the owner the utility companies, and the City;. then presented to the planning and Zoning Commission for consideration 13) That this conditional use shall expire in one year if the project has not been started and continual progress toward its completion is not in evidence TII:21 pot- ti e) ve c c i=pici I fri I , R v a 1 la 1 tA)c.sf ) t,t); li P 144 c...110. 1%1 e. t-1 ci il 1,1 1:)e gm 5 frior-e p= I-11c (.4 1 -ix je Sc./4 be cl e • Cif telel tv15 S cci- 140 vi 2. ) To 0-41 s I% ip Z So (i.l. li > ) " Co w fri 17 ) Orc 5 0 PI /A) :r.0 11 i I- el V 4 I I 0 44.1 4,5 o +6 4 roc e bc1,11 ; ei 5 ax ccr145 eI eii1cj 41-1 y 530, .0a 4Le, e<vtslee-17 120.0 cc. d, ; 1#1 ci .V16 IA 11 Se.(.4 + • 'l •. ■ qr ..'rNow ALL M&'f 141' THUR Pttiss:ti 'S, rht, Ba>wrY l atatttalts to tturtko .4 lia 111181 )11111d ti wife > . M ....... r ,),..,4 iv , Powell 'hat the drantsr, ��4. In eoria.. Mon el 'men at No/100 r • «« • «r �•••d t7vetkre, and other valuable consideration .� I . *eaa& rani Or Howard R. Adkins 6 1,tQj,aa G. Aditiaa, husba▪ nd & wits 1t • ferweefter t:a,Iki the earths, ttluer herder Bren4 ikereain, twit and oanver uv,w It* mid 4tc4Se and tltmr 'e hen. Avoca:mut and at. mere that attain real leaaattr, with the tammerat. ikwaetit;.nreth and edwrutenane.d thereunto belond,n4 d nprtwrtaenerea, whetted no the County of wFugningtOn end State : el Orion, dawnbrd so lotlowt, f•wit: Beginning at the Southeast corner of Lot 10 IF �Ii i� {1im TRACTS, thence North 34° 30' West alongthe EasterWlTi t ai�raet ta, 0 fre'et thence South 52° 00' West parallel with the Southerly line of said tract to the West line of said tract, and thence South 0° 27' Westtlong said West line to the Southwest corner of ma lot; and thence Nanrth 82 00 East along the Southerly, line of said lot 7, 54 chains to the place of beginninZt Subject to the rights of the public in and to that part thereof within the boundaries of the road, » -- To How and to Hold the "have deecntani and dreamed peranien tote the said /rani.e and drentae'r hrlre, auccennee and eastern tottvar. �tl `AAnd avid /ratan hereby nwena+rrtta to end with,smd eren1re and eranbe'a heat. neccetaore and a.. EXCEPT condittons,ytovenantdwreak estrictions uno easements 1t tsoorrreec t_ K+cunYMaurt owl that drontor wilt renitent and forever deleted the about granted riftln et9 and ►rely wart tad parer! thereat a/asnet the taw. tut damn and deneanda of all peraone whometevet, la tonotruire thla lewd and where the ocrteet ao tart WIYN8..S grantee's hand lhit 1.1, day el ease 1 " , ,,,g'Ar* or 6:escort, caueeiy at Washington 1 g appeelrad the eebore named Barry Hatanaka ac*nawledied the ldreda.ri,4 inetrutwent M W A ; }* • ilt4L) WARRANTY DE1ID .i#A'TA2AKA At7KIN$ ..... ........a .,,. innearat l,nre, eic0h01n0 a*e J•MN TO Howard R. 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