City Council Packet - 05/22/1989 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available,
MAY 22, 1989, 6:00 P.M. ask to be recognized by the Chair at the start
TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are
13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters
TIGARD, OREGON 97223 can be set for a future Agenda by contacting
either the Mayor or City Administrator.
o STUDY SESSION
6:00 p.m. - Richard Devlin (METRO)
6:30 p.m. - Dave Blake (Trammel-Crow)
1. BUSINESS MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items
2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please)
3. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
3.1 Approve Council Minutes: April 10 and 17, 1989
3.2 Select Main Street Bridge Replacement for Street Bond Funding
3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB)
Meeting: Approve Amendment to GSA Contract; Adjourn LCRB;
Reconvene Council Meeting; Approve Resolution No. 89-
3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89-02, Zone
Change ZC 89-02; Sanders - Resolution No. 89-
4. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION
- S & L LANDSCAPING, INC.
An appeal of a Community Development Director's Interpretation that the
operations of S & L Landscaping, Inc. , a 14380 S.W. 97th Avenue
constitutes a storage operation which is not a permitted use in the
R-4.25 (Residential, 4.5 units/acre) zone applied to the property. The
appellants assert that the operations of the business constitute a
nursery. Nurseries fall within the "farming" use classification of the
Community Development Code. Farming is a permitted use in the R-4.5
zone.
o Public Hearing Opened
o Declarations Or Challenges
o Summation By Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation By Community Development Staff
o Council Questions Or Comments
o Public Hearing Closed
o Consideration By Council
COUNCIL AGENDA - MAY 22, 1989 - PAGE 1
147 5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO
LANDS NPO #2
A request for a Comprehensive Plan map amendment from Professional
Commercial to Medium High Density and a zone change from C-P
(Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75
acres. Also, a Comprehensive Plan map amendment from Medium-Density
Residential to Medium-High Density Residential and a zone change from
R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject
parcels abut. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1, 35DD,
Tax Lot 1400)
o Public Hearing Opened
o Declarations Or Challenges
o Summation By Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation By Community Development Staff
o Council Questions Or Comments
o Public Hearing Closed
o Consideration By Council
6. PUBLIC HEARING - PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) TO CONSTRUCT
STREET AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC CORPORATE CENTER
PROPERTY
The proposed LID will include the Pacific Corporate Center property and
adjoining rights-of-way of existing and proposed roadways, including a
proposed street connection to Bonita Road, S.W. 72nd Avenue, Upper
Boones Ferry Road and Interstate Highway 5. The total estimated cost
of design and construction is $2,126,166. The full cost of design and
construction will be assessed against all properties within the
proposed local improvement district on an area basis, except public
rights-of-way. The purpose of the hearing is to hear remonstrances or
objections to the formation of the LID.
o Public Hearing Opened
o Declarations Or Challenges
o Summation By Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation By Community Development Staff
o Council Questions Or Comments
o Public Hearing Closed
o Consideration By Council
7. FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 89-03 AND ZONE CHANGE ZC
89-03; (DUVALL STREET) PROPOSED BY RIVERWOOD PROPERTIES - ORDINANCE NO.
89-
8. NON-AGENDA ITEMS: From Council and Staff
9. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (a), (d), (e), & (h) to
discuss Police Chief selection, labor relations, real property
transactions, and current and pending litigation issues.
10. ADJOURNMENT
cw/9825D
COUNCIL AGENDA - MAY 22, 1989 - PAGE 2
TIMES PUBLISHING COMPANY Legal
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss.
1, ELAINE PRTROGEORGE
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the TIGARD TIMES
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at TICARD in the
aforesaid county and state;that the
CITY f'.onNCTT. REGIMAR MEETING NOTICE- MAY 22nd
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entire issue of said newspaper for one successive and
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MAY 18, 1989
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P.O.BOX 370 PHONE(503)684-0360 Notice 7-6944
BEAVERTON,OREGON 97075
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• CITY OF TIGARD • 0 Tearsheet Notice
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• TIGARD , 0 R 97223 • 0 Duplicate Affidavit
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, ELAINE PETROGEORGE
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the TT G A R TT M F S
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at TIGARD in the
aforesaid county and state;that the
NOTICE OF PUBLIC HEARING- MAY 22nd
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for 0 n e successive and
consecutive in the following issues:
MAY 11 , 1989
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• 0 Duplicate Affidavit
TIGARD, OR 97223
• •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss-
ELAINE PETROGEORGE
being first duly sworn, depose and say that I am the Advertising
Director,or his principal clerk, of the T I A d Q ;11gE;
3.010
and 193.020; published at TIGARD in the
afcPrUB ICuHtEARINGtetHUGHES/PASCO)
a printedLcopy of which is hereto annexed, was published in the
entire issue of said newspaper for 0 N E successive and
consecutive in the following issues:
MAY 11 , 1989
Subscribcd-and:sworn.t; .efore me this May 1 2 , 1989
N Public for Oregon
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Reel°EU P.O.BOX 370 PHONE(503)684-0360 Notice 7-6948
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%NI 151989 Legal Notice Advertising
• CITY OF TIGARDll • 0 Tearsheet Notice
PO BOX 23397
• •
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TIGARD, OR 97223
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AFFIDAVIT OF PUBLICATION I PROPOSED:LOCAL IMPROVEMENT DISTRICT TO.CONSTRUCT,
•STREET ANDAUTILITY.IMPROVEMENTS
STATE OF OREGON, ) TO SERVE THE PACIFIC CORP•ORATE.CENTER PROPERTY
sr
COUNTY OF WASHINGTON, )S5. A public hearing will he held by the Tigard CO,Council on Monday,May
ELAINE PETROGEORGE 22;;1989,.at:Tigard City Hall, 13125 SW Hall Blvd,Tigard,Oregon,at 7:30
being first duly sworn, depose and say that I am the Advertising P.M.,to consider remonstrances,or:objections to the:.formationa of local
improvement district and the construction:.of street and utilityimprove-,.,'
Director,or his principal clerk,of the TIGARD TTMES menta to serve the Pacific Corpor .ateCenter property
a newspaper of general circulation as defined in ORS 193.010 I e
and 193.020; published at TIGARDin the i The proposed local improveknegt district vnll inde
clutpe Pacific Corporate `
Center property andadjoining rights-of way'of existing`and proposed'road,
aforesaid county and state;that the -ways,including a proposed street connection;to BonitaRoad The property
PROPOSED LOCAL IMPROVEMENT NOTICE toi.be served is the;area generally:bounded by Bonita Road, SW 72nd,
a printed copy of which is hereto annexed, was published in the l Avenue,Upper Booties Ferry Road and Interstate Highway 5
entire issue of said newspaper for ONE successive and The total estimated cost of design and construction is..$2,126,166 Thetfu11 t
cost of design and construction will be"assessed against all properties witiitn
consecutive in the following issues: the proposed local improvement'district`on;'an area basis, except public."
rights-of way • ;
MAY 11, 1989 i tiL
Tlterpurpose of the hearing•is to_hear remonstrances•or objections to the
formation of thelocal improvement,district.•All written and oral remon
str'ances shall be received by the City Recorder by the close;of,this.public
hearings
� The preliminary plans,cost:estimates,boundary description,and descrip-.,
l�vitt- /i/.�l�G1/O tion of the assessment method are embodied in the Preliminary Engineer's
,, Report entitled "Preliminary Engineering,Report,Pacific Corporate Cen-,
Subscri •
d and sworn to:' ore me this MAY 12, 1989 ter, ',LID The report is•on file with the CityRecorder and lye'..City:
Engineer for public•inspection
1'T6948 Publish May 11,1989
Nocublic for Oregon
My Commission Expires: - ss4 *i
9/20/92 .{ �_�.
AFFIDAVIT
TIGARD CITY COUNCIL
(' CITY COUNCIL MEETING MINUTES - MAY 22, 1989 - 6:00 P.M.
1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn
Eadon, Valerie Johnson (arrived at 6:45 p.m.) , and John Schwartz; City
Staff: Pat Reilly, City Administrator; Ed Murphy, Community
Development Director; Tim Ramis, Legal Counsel; and Catherine Wheatley,
Deputy City Recorder.
2. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 6:05 p.m. under the provisions of ORS 192.660 (1) (a), (d) ,
(e) , & (h) to discuss Police Chief selection, labor relations, real
property transactions, and current and pending litigation issues.
(Council Study Session convened at 6:30 p.m.)
a. David Blake of Trammel-Crow Corporation reviewed a potential
urban renewal district. Mr. Blake referred to an aerial map of
the subject area. He advised he was requesting Council to
discuss this project with him and determine whether there was
enough interest on the part of the City for the creation of an
Urban Renewal District. He noted that in order for improvements
to be made in the area, the Trammel-Crow Corporation had
discovered three impediments would need to be overcome:
1. Resolve access problems by increasing freeway and collector
street accessibility.
2. Relocation of the Metzger Elementary School to an area
which would be more compatible.
3. Address the wet land and wildlife issues.
Mr. Blake advised the boundaries for the Urban Renewal District
would need to be defined.
(Councilor Johnson arrived at 6:45 p.m.)
There was review on process and the need to identify the
interested groups which would form a committee to study the
potential boundaries. The district formation proposal would have
to be approved by a vote of Tigard citizens. Mayor Edwards
advised he would prefer that the Urban Renewal District stay
within the Tigard city limits.
Mr. Blake advised that the market value for the area was now set
at between $10,000,000 and $12,000,000; the area has a potential
market value of over $300,000,000. It was noted that this area
was a part of a substantially larger area referred to previously
as the "diamond area."
Page 1 - COUNCIL MINUTES - MAY 22, 1989
Mr. Blake reviewed his discussions he had had with the Oregon
Department of Transportation concerning the area's transportation
issues. He reviewed some of the options available with regard to
r accesses and arterials. He advised that development in this area
would need a major ingress/egress point.
Mayor Edwards expressed concern about the Metzger elementary
school issue and possible relocation. Discussion followed. It
was noted that the School District has been looking at locations
and at this time, it looks as if the most likely location would
be outside the Tigard city limits. There was discussion
concerning improvements for the school and if tax increment
financing could be used if the school was moved outside the
boundary area. Legal Counsel advised that it would be possible
to form two boundaries for the urban renewal district.
With regard to a question by the Mayor concerning what impact it
would have on the Metzger Elementary School if it was moved
outside the Tigard city limits, Dr. Russ Joki, Superintendent for
the Tigard School District, noted he felt whether or not the
school was inside the city limits would not affect the school.
There was further discussion on the transportation alternatives
for interchanges. It was noted that funding for the new
interchange probably would be borne by both the State Highway
Department and the Urban Renewal District.
Floodplain issues were discussed. Mr. Blake referred to the
aerial map and pointed out where the floodplain was located. He
noted the area was quite large; there was a potential for it to
be an enhancement -- currently, it was a drainage problem.
Senior Planner Newton noted the drainage problems have been
exacerbated by the highway improvements in the area.
Council consensus was they were enthusiastic about the concept
and the project's magnitude. Mayor Edwards noted this would be
an opportunity to develop the area and retain control over the
quality and type of development. He suggested that Trammel-Crow
officials contact officials from the Washington Square
development to determine if there could be some mutual benefit
and sharing in solving the transportation impact issues.
There was discussion on process. Council consensus was that
Mr. Blake and the Community Development Director should meet to
determine the next steps. It was noted this should not be
considered to be a City project at this time. It was agreed that
the concept should be more defined and a timeline set. Councilor
Schwartz expressed interest in acquiring community involvement
early in the process so everyone affected would have an
opportunity to note concerns and establish interests.
Mr. Blake, in response to a question by Councilor Johnson,
advised that the market for this area was strong if the momentum
could be kept going forward. He said timing would be very
important. It would also be advantageous to keep the issue
non-controversial by involving the people in the area as much as
Page 2 - COUNCIL MINUTES - MAY 22, 1989
possible. He advised Trammel-Crow would be conducting an
individual-to-individual survey to give people an opportunity to
personally discuss the issue.
C (Council meeting recessed at 7:10 p.m. ; Council meeting reconvened at
7:30 p.m.)
3. VISITORS' AGENDA:
a. Mr. David Blake, 10260 SW Greenburg Road, Tigard, Oregon, was
present on behalf of Trammel-Crow to ask Council initiate
vacation proceedings for a portion of SW 93rd Avenue and SW
Mapleleaf Street. It was noted that Council approved a
Comprehensive Plan Amendment request filed by the Trammel-Crow
Corporation on May 15, 1989.
A petition for the vacation of the public rights-of-way was
received and filed with the City on May 18, 1989, by the
Trammel-Crow Corporation and contained the signatures of all
abutting property owners and at least 67 percent of all owners in
the affected area as defined by the Tigard Municipal Code (TMC) .
The petition has been reviewed and meets all requirements defined
by TMC 15.08.080. Council must now consider whether to accept
the petition and initiate vacation proceedings or reject the
petition.
Trammel-Crow's Lincoln Five/Parking Structure project will
require a number of approvals including the vacation of the
( subject rights-of-way. Their desired timeframe calls for
construction this summer. Council's recent decision to approve
their zone change request has now started the process for
subsequent approvals. Of these, the vacation was probably the
longest due to state law requirements. Realizing this,
Trammel-Crow has moved very quickly to complete the petition
documents and was now requesting Council to initiate the process
and not wait until a later meeting.
b. RESOLUTION NUMBER 89-40 A RESOLUTION CONCERNING THE VACATION OF
A PORTION OF SW 93RD AVENUE, AND A PORTION OF SW MAPLELEAV
STREET, BOTH LOCATED IN A RECORDED SUBDIVISION PLAT CALLED "TOWN
OF METZGER," IN THE CITY OF TIGARD, WASHINGTON 'OUNTY, OREGON.
c. Motion by Councilor Schwartz, seconded by Coun..ilor Eadon, to
approved Resolution No. 89-40.
The motion was approved by a unanimous vote of Council present.
d. It was noted Resolution No. 89-40 sets the date for a public
hearing on the vacation of the rights-of-way.
Page 3 - COUNCIL MINUTES - MAY 22, 1989
4. CONSENT AGENDA:
3.1 Approve Council Minutes: April 10 and 17, 1989
3.2 Select Main Street Bridge Replacement for Street Bond Funding
3.3 Recess Council Meeting; Convene Local Contract Review Board
(LCRB) Meeting: Approve Amendment to GSA Contract; Adjourn LCRB;
Reconvene Council Meeting; Approve Resolution No. 89-41
3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89-02,
Zone Change ZC 89-02; Sanders - Resolution No. 89-42
Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve
the consent agenda.
The motion was approved by a unanimous vote of Council present.
5. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S
INTERPRETATION - S & L LANDSCAPING, INC.:
An appeal of a Community Development Director's Interpretation that the
operations of S & L Landscaping, Inc. , at 14380 S.W. 97th Avenue
constitutes a storage operation which is not a permit
ted pro use n Thee
the
R-4.25 (Residential, 4.5 units/acre) zone applied to the
appellants assert that the operations of the business constitute a
nursery. Nurseries fall within the "farming" use classification of the
Community Development Code. Farming is a permitted use in the R-4.5
zone. A public hearing was open.
a. Public Hearing was opened.
b. Councilor Schwartz noted he had had discussions with the
applicant; he would not participate in the public hearing nor
would he vote on this issue.
Mayor Edwards, Councilor Eadon, and Councilor Johnson also
advised they knew the applicants but had not discussed this issue
prior to this meeting. They all noted they believed they could
make an impartial decision and would participate in the public
hearing and be voting on the issue.
c. Senior Planner, Liden summarized this agenda item. On
April 6, 1989, the Planning Director issued an interpretation
stating that the business activity established at 14380 SW 97th
Avenue was not permissible as a "farming" activity. An appeal of
this interpretation has been submitted by John Schwab on behalf
of S & L Landscaping.
Senior Planner Liden reviewed some of the issues that were
contained in his letter dated April 6, 1989, to Mr. Castile.
d. Public Testimony
proponents
o Jack Schwab, Attorney, 9250 SW Tigard Avenue, Tigard, OR
97223, advised he was representing S & L Landscaping.
Mr. Schwab said farming was among the outrightly permitted
uses in the R-4.5 zones. He advised the Code contains no
definition of "nurseries," but advised that the appellants use
Page 4 - COUNCIL MINUTES - MAY 22, 1989
of the property was well within the accepted scope of nursery
activities which was named as a permitted use under Tigard
Municipal Code 18.50.030(4). He advised he believed the
applicants use of the property should be defined as a nursery
because:
- Nurseries, by their nature, represent temporary storage on
property.
- Nursery uses such as the Monrovia Nursery in Dayton, Oregon,
keeps their stock in containers as does S & L Landscaping.
Further, S & L Landscaping has the same state license as does
Monrovia.
- A nursery's function was to serve as a staging area to
transfer wholesale stock to retail outlets.
- Since Tigard's Code does not have a concise definition of a
nursery, the applicants use should be considered within the
agricultural permitted use language.
Opponents:
o Steve Knebel, 14535 SW 97th, Tigard, OR 97224 read his
May 22, 1989 letter which had been submitted to the City
Council. The following points were made:
- He advised that the Castiles were operating a landscaping
business with employees.
The Castiles do not raise any type of nursery stock, rather
he uses the property for a staging area for his landscape
business.
- The property is used for storage of soil, rock, irrigation
pipe, equipment, trucks, etc.
- The garage of the existing house has been converted to an
equipment repair facility.
- A portable outhouse had been brought in for the employees.
- Storage sheds have been erected on the property.
- Mr. Knebel advised that a nursery was defined as a piece of
ground or place where young plants are raised for
transplanting or sale. He advised that this does not apply
to the activities being conducted on this property.
- City Development Code in relationship to "farm use" were
developed to allow for compatible growth of the city in the
already existing farming community of Tigard. He advised
the area was becoming increasingly larger residential area.
Page 5 - COUNCIL MINUTES - MAY 22, 1989
Mr. Knebel advised that in his opinion, a farm/nursery
paints a mental picture of a pastoral scene with young
crops being raised for sale -- not mature planus beia . ng
loaded and unloaded by equipment on a daily
advised that it concerned him that Mr.
tos Castile
sat
e usethe
e
Planning Commission and had a say
as lands in the city.
In response to a question by Councilor Johnson, Mr. Knebel
responded that he does not think this business represents a
nursery type use. He further advised that storage and
employees should not be allowed in a residential area.
Rebuttal:
o Mr. Schwab advised irrigation pipes had been removed from
the property except for those pipes necessary to water the
plants. He reported the applicant had leased property
outside of the area for storage purposes and for equipment
repair.
He further advised that because the Code allows for farming
use in the area, very often employees would be expected to
be allowed to work at the employees.
use. He advised there
was limited activity by
He noted that the portable outhouse had been removed from
the property.
�-
In response to a question by Councilor Johnson, Senior
Planner Liden advised that the home occupations section
of
the Code was not concise with regard to farming
use. He
said that farming would conceivably quite require outside
employees.
The applicant had been using this property for their
business since October 1988. Mr. Schwab reminded Council
that the S & L Landscaping business was not owned and
operated by Mr. Castile, but rather, this was a business
operated by Mrs. Castile.
f. Recommendation by Community Development Staff:
Community Development Director advised that the code was not
clear, however, he believed it was the original intent of the
zone to protect farm uses as residential areas grew to the
farming community. He noted the activity on the land was not
compatible with an R-4.25 residential area. He recommended City
Council uphold the Director's Decision.
g. Council Comments:
Councilor Eadon agreed that when the Development Code was
written, provisions were made to protect farm land as residential
areas expanded. She also advised the Code does not allow the
following in residential areas: employees, extra storage,
Page 6 - COUNCIL MINUTES - MAY 22, 1989
out-buildings. She said she would support the Director's
Decision. She further advised she was willing for the City
Attorney to revisit the Code to clarify the outright permitted
uses in the applicable section. Should the majority of Council
decide to allow this use, she requested a Site Development Review
be required.
Councilor Johnson advised she believed there were two obligations
on the part of the City:
1) The protection of the integrity of the residential
area, and also
2) Clarification of ambiguous language for the property
owner who purchased property believing the nursery was
a permitted use.
She said she would favor a Site Development Review to place a
restriction on the activities occurring on the property which
were not consistent with a residential area.
Mayor Edwards advised he agreed the Code was not clear on this
issue, but he felt this use was not compatible with a residential
area. He advised he would support upholding the Director's
decision. He also requested the City Attorney review the Code
with regard to the language clarification issue.
h. Public hearing was closed:
Motion by Councilor Eadon, seconded by Mayor Edwards, to uphold
the Director's Decision:
The motion passed by a majority vote; Mayor Edwards and Councilor
Eadon voted "Aye," Councilor Johnson voted "No,"; Councilor
Schwartz abstained.
6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO
LANDS NPO #2:
A request for a Comprehensive Plan map amendment from Professional
Commercial to Medium High Density and a zone change from C-P
(Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75
acres. Also, a Comprehensive Plan map amendment from Medium-Density
Residential to Medium-High Density Residential and a zone change from
R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject
parcels abut. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1, 35DA,
Tax Lot 1400) and 11555 SW 88th Avenue (WCTM 1S1, 35DD, Tax Lot 3300) .
a. Public hearing was opened.
b. There were no declarations or challenges.
c. Summation by Senior Planner Liden. On May 2, 1989, the Planning
Commission reviewed the proposal to amend the Comprehensive Plan
map from Professional Commercial to Medium-High Density
residential and to amend the zoning from C-P (Professional
Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres
located at 11505-11515 SW Hall Blvd. The property was currently
Page 7 - COUNCIL MINUTES - MAY 22, 1989
developed with two single-family residences.
Also requested was a Plan Map amendment from Medium-High Density
residential to Medium-High Density residential and a zone change
from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres
located at 11555 SW 88th Avenue. The second parcel was currently
developed with a 49-unit apartment complex. The two properties
involved in the application abut.
The Planning Commission recommended denial of the proposal.
Planning Commission's recommendation for denial was based on:
1. This would create spot zone.
2. The change would create problems for adjacent property
owners.
3. R-25 zoning should not be adjacent to R-4.5 zoning.
4. Lot 3300 is currently developed close to the R-12
designation.
d. Public Testimony
Proponents:
o Phil Hedrick, 111 SW 5th, Portland, Oregon. Mr. Hedrick noted
Dr. Hughes wanted to develop the property but had been unable to
work with other property owners in negotiating the details of a
sale. Further, he advised the zone change request was to allow
the property located at 11555 SW 88th Avenue conform to its
present use. The redesignation was requested in order to allow
apartment development on Tax Lot 1400 and to allow possible
future redevelopment of Tax Lot 3300 to at least its present
density. As presently zoned, the apartments on Tax Lot 3300 were
considered a non-conforming use because the parcel was developed
at a greater density than the zone permits. Mr. Hedrick noted he
had not received any offers for the property as currently zoned.
Opponents:
o Richard Murray, 11440 SW Lomita, Tigard, Oregon advised he
was in opposition to the request by the applicants. He cited
concerns with problems experienced because of the existing
apartments, noting a disproportionate amount of police calls
and drug related problems. He advised that further
development of apartments would disrupt their quiet
neighborhood.
o John Bouse, 11470 SW Lomita, Tigard, Oregon, testified he
lives behind the subject property. He advised the he did not
want to see more apartments built because of problems which
had been experienced because of the current apartments.
C •
Page 8 - COUNCIL MINUTES - MAY 22, 1989
e. Recommendation by Community Development Staff: Community
Development Director noted staff recommended Council approval of
r the proposed plan/zoning map amendments.
t f. Council Questions and Comments:
o Councilor Schwartz noted traffic problems and his concern that
an increase in density to R-25 would exacerbate these problems.
He advised he would be recommending to uphold the Planning
Commission decision for denial of the proposal.
o Councilor Johnson advised she would be willing to consider the
rezoning of Tax Lot 3300 which was now non-conforming to the
higher density of R-25. Councilor Schwartz commented that by
changing this to R-25, the existing property could be upgraded
to the maximum and he would prefer to see it be left at R-12.
o Councilor Eadon noted the R-25 rezoning would go against the
previous policy of transitioning zoning so that zones such as
R-4.5 and R-25 do not abut. She advised she would be
recommending to uphold the Planning Commission decision.
o Mayor Edwards noted he agreed with the comments presented by the
Councilors and noted he was also concerned about traffic
impact. He advised he was concerned about the area and the
problems the apartment complexes have caused. He noted he would
be supporting the Planning Commission recommendation.
o Councilor Schwartz noted he was in sympathy with owners who had
been unable to sell their property; however, Council could not
rezone land because an owner cannot market the property.
g. Mr. Hedrick requested an opportunity for rebuttal of the remarks.
He noted the Development Code sets forth buffering requirements;
this request meets those requirements. He also disagreed that
traffic impacts would increase because of the rezoning request.
Councilor Eadon responded that the buffering issue was different
from the Council policy of transitional zoning. A 30-foot buffer
would not be adequate between R-25 and R-4.5; it would be more
desirable to have a descending density between R-25 and R-4.5.
h. Public Hearing was Closed:
i. Motion by Councilor Eadon, seconded by Councilor Johnson, to uphold
the Planning Commission decision to deny the proposal.
The motion was approved by a unanimous vote of Council present.
7. PUBLIC HEARING - PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) TO
CONSTRUCT STREET AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC
CORPORATE CENTER PROPERTY:
The proposed LID will include the Pacific Corporate Center property and
adjoining rights-of-way of existing and proposed roadways, including a
proposed street connection to Bonita Road, S.W. 72nd Avenue, Upper
Page 9 - COUNCIL MINUTES - MAY 22, 1989
Boones Ferry Road and Interstate Highway 5. The total estimated cost
of design and construction is $2,126,166. The full cost of design and
construction will be assessed against all properties within the
proposed local improvement district on an area basis, except public
rights-of-way. The purpose of the hearing is to hear remonstrances or
objections to the formation of the LID.
a. Public hearing was opened.
b. There were no declarations or challenges.
c. Community Development Director summarized this agenda item. He
reviewed the process followed by Council to date. This public
hearing was for the purpose of deciding whether or not to form the
proposed LID. Notices were sent to property owners on
May 10, 1989. Although not required by ordinance, notices of the
public hearing were also sent to the owners of the properties
adjoining the proposed LID. He advised that Mr. John Smets, who
owned property adjacent to the Pac-Trust property, would not be
assessed for the proposed LID.
Community Development Director noted he recommended approval of the
proposed ordinance forming the LID. He also advised that Dave
Larsen was available for questions by Council should they have any
concerns regarding the engineering report.
Councilor Eadon asked if the traffic engineering report had been
received in its entirety. Community Development Director responded
yes -- there was nothing further to be added to the engineering
( report.
d. Public Testimony:
Proponents:
Leon Hartvickson, Pacific Realty, 111 SW 5th Avenue, Portland,
Oregon, reviewed the issues which had been brought forth to date.
He advised that he would like to reserve an opportunity to respond
to remarks by the opponents.
Mr. Hartvickson reviewed the following issues:
o Economic impact and expectations of the development.
o The proposed road would be the same width as SW 72nd Avenue.
o The development would represent a park-like environment.
o He noted the 17-year history of development by Pac-Trust in the
Tigard area with over 1,400,000 square feet of office space. He
advised the project would continue to reflect their commitment
to high-quality development.
o Advised this would mean a large number of jobs in the Tigard
area.
Page 10 - COUNCIL MINUTES - MAY 22, 1989
He reviewed some of the problems which the development would face
without the proposed street extension through to Bonita Road. He
noted that with the street extension, this area could compete
favorably with other areas in the vicinity. He said if the
street was not built as proposed, then substantial improvement to
SW 72nd Street may be needed.
Mr. Hartvickson advised he believed Mr. Smets had never intended
to build the expanded design as presented to Council. He added
that he did not believe the City would allow Mr. Smets to build
at the density he was proposing and further, he did not think
that Mr. Smets would be able to obtain financing for the projects
he had proposed. He advised Mr. Smets could continue to operate
his business on his property and would benefit from the LID.
Mr. Hartvickson advised that Mr. Smets was asking a price which
was three times over the fair market value; Pac-Trust has offered
to purchase the needed property in excess of fair market value.
He advised that Mr. Smets had continually responded negatively
and had been unreasonable with his requests. Mr. Hartvickson
asked that Council authorize the acquisition of the right-of-way
through the condemnation procedure. He advised failure to
proceed with the proposed road could mean that it would be more
expensive to mitigate the problems at a later date.
(Mr. Richard Buono, Pac-Trust, advised that he deferred his
testimony to Mr. Hartvickson's comments.)
f Opponents:
l Mari Smets, 6830 SW Bonita Road, Tigard, Oregon. Mrs. Smets
advised she was representing her husband, John Smets, who was
unable to attend because of complications associated with
recovering from minor surgery.
Mrs. Smets' remarks were read from text which was submitted to
City Council.
Rebuttal:
Mr. Hartvickson noted the project would be of benefit to the
community.
The offers that had been made to the Smets were not at "bargain
basement prices" but above the fair market value. The offer that
was referred to with regard to Koll Properties was prior to the
Pac-Trust offer. He advised that Koll Corporation did not have
any other options at that time.
The street will become public right-of-way -- not a private road.
e. Recommendation by Community Development staff:
Community Development Director noted that the criteria for a
single-owner LID had been met. He noted that an ordinance was
Page 11 - COUNCIL MINUTES - MAY 22, 1989
now before Council which would authorize the formation of the
LID. He noted that acquisition of adjoining land for the
proposed roadway would be considered separately by Council.
f. Consideration by Council:
Councilor Johnson clarified this additional development would not
result in additional tax revenues for the City of Tigard. She
advised that City of Tigard operates on tax base; however, the
millage rate for individual taxpayers would go down. She also
noted that size and strength of property owners does not play a
factor in determining whether or not to proceed with a project.
She advised she had carefully considered the concerns. She noted
noted she would support the formation of the proposed LID.
Councilor Eadon noted she would support the formation of the LID
because of the economic benefit to the City of Tigard and the
fact the proposed street would be of public benefit.
Councilor Schwartz noted that, initially, he had been opposed to
the connection of the street through to Bonita Road because it
would take Mr. Smets' land. However, after reviewing all of the
testimony and the data submitted, he said it would be logical at
this time for the connecting roadway. He advised that without
this connection, the traffic problems would increase.
Mayor Edwards noted he had reviewed the previous testimony and
was in favor of the project. He noted he does not believe this
LID proposal would jeopardize the Mr. Smets' operations, but
rather his property would be enhanced.
g. Public hearing was closed.
h. ORDINANCE NO. 89-14: AN ORDINANCE CREATING THE PACIFIC CORPORATE
CENTER LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF
STREET AND UTILITY IMPROVEMENTS IN ACCORDANCE WITH THE
PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE
REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND METHOD OF
FINANCING, AND DECLARING AN EMERGENCY
Motion by Councilor Johnson, seconded by Councilor Eadon,
approved to adopt Ordinance No. 89-14 with Item No. 5 of the
findings in the Ordinance noting that:
The hearing was held on May 22, 1989. At the hearing, the
Council received remonstrances from the owners of one
property within the district.
As part of the motion, it was noted there was one benefited
property and that owner had testified in favor of the proposed
district.
The motion was approved by a unanimous vote of Council present.
Page 12 - COUNCIL MINUTES - MAY 22, 1989
9. FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 89-03 AND ZONE CHANGE
ZC 89-03; (DUVALL STREET) PROPOSED BY RIVERWOOD PROPERTIES
a. ORDINANCE NO. 89-15. AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 89-03)
AND ZONE CHANGE (ZC 89-03) PROPOSED BY R1VERWOOD PROPERTIES.
b. Motion by Councilor Eadon, seconded by Councilor Johnson, to
adopt Ordinance No. 89-15.
The motion was approved by a unanimous vote of Council present.
10. NON-AGENDA:
a. Mayor reviewed a letter submitted by Peggy Weston-Byrd, Executive
Director of the Tigard Area Chamber of Commerce dated
May 17, 1989.
Ms. Weston-Byrd advised that the Tigard Chamber has scheduled a
wine tasting event at Director's Furniture. The purpose of the
letter was to request a waiver of the $25 City of Tigard fee for
processing a liquor license application.
Motion by Councilor Schwartz, seconded by Councilor Johnson, to
approve the waiver of the processing fee in the amount of $25.
The motion was approved by a unanimous vote of Council present.
b. Community Development Director advised that the Council had
received a draft resolution which would authorize the City
Attorney and staff to acquire the necessary additional
right-of-way and easements for the Pacific Corporate Center Local
Improvement District (LID). The LID called for a street
connection between upper Boones Ferry Road and Bonita Road.
Certain real property outside of the Pacific Corporate Center
development must be acquired to accomplish the street
connection. Adoption of the proposed resolution would authorize
staff and the City Attorney to acquire the necessary property.
RESOLUTION NO. 89-43: A RESOLUTION DECLARING THE NECESSITY AND
PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS AND THE FULL USE AND
ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE
CONDEMNATION OF SAID REAL PROPERTY IF NECESSARY.
Motion by Councilor Eadon, seconded by Councilor Schwartz, to
approve Resolution No. 89-43.
The motion passed by a majority vote; Councilor Johnson voted
"No."
Community Development Director noted that Pac-Trust
representatives had advised the Resolution before Council was to
negotiate up to 72-1/2 feet for the right-of-way; however, it was
noted that up to 80 feet would be necessary for the right-of-way.
Page 13 - COUNCIL MINUTES - MAY 22, 1989
Motion by Councilor Schwartz, seconded by Councilor Eadon, to add
the following sentence to Section 1 of Resolution No. 89-43:
C "Acquisition will not exceed a width of 80 feet."
This sentence would amend the Resolution as well as the exhibits
to said Resolution.
The motion passed by a majority vote; Councilor Johnson voted
"No."
11. ADJOURNMENT: 9:15 P.M.
Approved by the Tigard City Council on June 26, 1989.
(a/-10 1-61/1,4` GU/Vr et.l_
Deputy Recorder - City of Tiga0
ATTEST:
(kW
t�s,/as - City of i and
Council President
cw/9930D
C
Page 14 - COUNCIL MINUTES - MAY 22, 1989
•
AGENDA ITEM N 2 — VISITOR'S AGENDA DATE 5/22/89
�' (Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
/
c-2 4.0 .s1 , D
�
DATE 5/22/89
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
("' Item Description: AGENDA ITEM NO. 5 - PUBLIC
, HEARING - COMPREHENSIVE PLAN AMENDMENT .CPA.89-04
HUGHES/POSCO LANDS NPO #2
************************************* *****************************************
Proponent (For Issue) Opponent (Against Issue)
************************************* *****************************************
Name, Address and Affiliation Name, Address and Affiliation
7'iea '-e ' n-j- C1�ian k qou)
V i
A.� 6X4 y! L
O A/ F /✓
�/1
ks)---Gt....fr' ,....1'. A...--a )..)"-V.A-A-A---ri—k---/c.
\,,,,,,,....,_____ vj0-Nn1 godes e
.1 P A( I Lc p Ilect ---____-
I 1 1 k,,...) 5
4
PO-Y -C (
C
11
DATE 5/22/89
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: ` AGENDA ITEM NO. 6 PUBLIC HEARING -
APROPOSED LOCAL IMPROVEMENT.'DISTRICT (LID) TO CONSTRUCT
6TNEST:AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC
-CORPORATE,CENTER PROPERTY
************************************* *****************************************
Proponent (For Issue) Opponent (Against Issue)
************************************* *****************************************
Name, Address and Affiliation Name, Address a d filiation
b-ectse._ h art k u 0 IA )
' / <'Z r
lQVv� Vu:C�Soi�
'�c��w� bvvnw
------------
C
F
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
Ord ina11Ct s �cl- /1/alde 29--,s
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
It
. .
I, V ..k.1, tuivwx, being first duly sworn, on
oath, depose an say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) F0 - ((J C1. 14d 5 i-/S-
which were adopted at the Council Meeting dated 5/(90)/8?
copy(s) of said ordinance(s) being hecto attached and by reference made a
part hereof, on the b day of �� , 1989.
1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon.
( 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon
3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and
S.W. Durham Road, Tigard, Oregon
1 ,
i
Subscribed and sworn to before me this day of , 1
- 644 (A) .
Notary Public for Oregon �
My Commission Expires: ,57/Digi
C
NAIAD }oma
.tilOM— a 92no(a-
5/acDlgcr
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 22, 1989 DATE SUBMITTED: ,• May 22, 1989
ISSUE/AGENDA TITLE: Initiation of ^PREVIOUS ACTION:
Vacation Proceedings for a Port4op
of SW 93rd • e. and SW Maplelea / . PREPARED BY: Development SvcM
. gr.
DEPT HEAD 0 . CITY ADMIN OK/ I' REQUESTED BY: Adioininq Property Owners
PoLICY ISSUE
A petition for the vacation of the above public rights-of-way was received and
filed with the City on May 18, 1989. The petition was filed by the Trammel
Crow Co. and contained the signatures of all abutting property owners and at
least 67% of all owners in the affected area as defined by the Tigard Municiapl
Code (TMC).
The petition has been reviewed and meets all requirements defined by TMC
15.08.080. Council must now consider whether to accept the petition and
initiate vacation proceedings or reject the petition. This consideration must
occur within 30 days of the date the petition was filed per TMC 15.08.110(a).
Should the Council accept this vacation petition, initiate proceedings for a
formal review and call for a public hearing?
INFORMATION SUMMARY
Trammel Crow's Lincoln Five/Parking Structure project will require a number of
• approvals including the vacation of these rights-of-way. Their desired time
frame calls for construction this summer. Council's recent decision to approve
their zone change request has now started the process for subsequent approvals.
Of these, the vacation is probably the longest due to state law requirements.
Realizing this, Trammel Crow has moved very quickly to complete the petition
documents (4 days) and is requesting Council to initiate the process now and
not wait until a later meeting.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution initiating vacation proceedings and
calling for a public hearing on July 10, 1989.
2. Take no action at this time and consider the petition at a later date,
but within the required time before June 17, 1989.
3. Reject the vacation petition with just cause.
FISCAL IMPACT
Vacation of these rights-of-way would return control of the property back to
private owners and place it back on the tax rolls in a high value commercial
area. This would also increase the assessed value of the City.
SUGGESTED ACTION
Staff recommends that Council initiate vacation proceedings by adopting the
attached resolution.
I
MAP TO ACCOMPANY DESCRIPTION
IWITHIN THE NW 1/4 NE 1/4 SECTION 35 T1S R1W
I
CORAL I I I II
1:: LI
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> CHURCH
LOCUST ST
I
AREA PROPOSED
TO BE VACATED iiii c.....z i 700 500 400 a 1 ict 1 204 6-)
2 w 0 ii: PREISILY KLEIN- Sr-mot- 0 i 2 DIC.K5orl 910
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AFFECTED AREA _74 3400 5300 ni 8
PER TMC AND ORS LthIC.01...hl 6C-HOOL. .•,•37.:, -
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= PROPOSED VACATION AREA /
r.ix5::':'';'•X
;•i":'.'"'-':::.:::1: PROPERTIES HAVE NOT SIGNED PETITION
:ff:•••••:-,,,.",,..1sA 1" = 200'
11
:7, a_
CITY OF TIGARD, OREGON
41rCOUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Mav 22, 1989 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Selection of ''��//// PREVIOUS ACTION:
Main St. Bridge Replacement Proiect, ,
for Street Bot. Funding i UI'fREPARED BY: Randall R. Wooley /
DEPT HEAD 0 gt% CITY ADMIN OK/ /, -' /f REQUESTED BY:
G POLICY ISSUE
Selection of the specific Main Street improvements to be funded under the
Street Bond.
INFORMATION SUMMARY
In the study session on May 8th, the Council discussed potential projects for
funding under the $700,000 of Street Bond money budgeted for Main Street. The
Council also received the recommendation of the Transportation Advisory
Committee. There was consensus that replacement of the Main Street Bridge at
Fanno Creek should proceed as a bond fund project.
The bridge replacement is not expected to require all of the funding allocated
to Main Street. However, there was consensus that selection of additional
projects should be deferred until there has been further review of the Downtown
Development Plan.
Once the bridge replacement project has been formally selected by Council,
staff will proceed with selection of a consultant team for design of the new
bridge. Construction of the bridge replacement would then be tentatively
scheduled for next summer.
ALTERNATIVES CONSIDERED
1. Approve selection of the Main Street Bridge replacement as the primary use
of Street Bond Funds for the Main Street Project.
2. Defer selection of the Main Street Project.
FISCAL IMPACT
Funding is authorized under the Street Improvement Bond.
SUGGESTED ACTION
Staff recommends that the Council, by motion, approve the replacement of the
Main Street Bridge over Fanno Creek for funding under the Street Bond and
authorize staff to proceed with consultant selection.
11 ( dj/SS-MSB.RW
1 .�
CITY OF TIGARD, OREGON
4r. COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 22, 1989 DATE SUBMITTED: Mav 12, 1989
ISSUE/AGENDA TITLE: _GSA Contract_ PREVIOUS ACTION: _Contract Approved on_
September 12, 1988
PARED BY: Elizabeth Ann Newton
DEPT. HEAD OK ;p,CITY ADMIN OKl � // REQUESTED BY;
POLI%1 ISSUE
Should the City reimburse the City Center Design consultant for costs incurred
over the "Not to Exceed" contract amount?
INFORMATION SUMMARY
On September 12, 1988, the City entered into a contract with GSA for a design
plan for the City Center planning effort. The contract was for a sum not to
exceed $20,000. GSA has incurred costs above the contract amount and has asked
the City to reimburse the firm for some of those costs.
Staff has reviewed the request and the contract, and can support reimbursing
GSA for additional meetings not anticipated in the contract at a cost of
$2,040.00. In addition, GSA constructed a model of the design concept at a
cost of $4,020.00. Although not authorized under the contract, or by the
staff, the City Center Plan Task Force did use the model at several public
presentations. For that reason, staff could support reimbursing GSA $2,000.00
for the model.
Should Council agree to compensate GSA the $4,040.00 recommended by staff,
there are unencumbered funds in the Planning Division's contractual services
account. Attached is a resolution which if approved, would authorize the City
Attorney to reimburse GSA.
ALTERNATIVES CONSIDERED
1. Direct staff not to reimburse GSA for any expenditures over the
$20,000.00 contract amount.
2. Direct staff to reimburse GSA $2,040.00 for meetings attended outside
the contract scope.
3. Direct staff to reimburse GSA $4,040.00; $2,040.00 for meetings and
$2,000.00 for the model.
FISCAL IMPACT
The funds to be reimbursed could be paid out of the Planning Division's
contractual services account. $7,000 in that account for special area studies
remains unencumbered.
SUGGESTED ACTION
Approve the attached resolution.
jh/gsa
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3 Li
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 22, 1989 DATE SUBMITTED: May 11, 1989
ISSUE/AGENDA TITLE: CPA 89-02 & 4 j PREVIOUS ACTION: Council denial
ZC 89-03 andersl / on
J/ f PREPARED BY: Jerry OfferO Asst. Planner
DEPT HEAD 0 CITY ADMIN OK/ // REQUESTED BY: VVVVVV
1!�
P LICY ISSUE
INFORMATION SUMMARY
On April 24, 1989, the Council denied the above application and directed staff
to prepare a final order. The attached resolution has been prepared to reflect
the Council's motion on this matter.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution.
2. Modify and approve the attached resolution.
FISCAL IMPACT
SUGGESTED ACTION
Approve the resolution.
�,, dj/CCS-CPA.JO
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 5/22/89 DATE SUBMITTED: 5/11/89
ISSUE/AGENDA TITLE: Director's_ PREVIOUS ACTION: _4/6/89 Director's
Interpretation Appeal -- Interpretat'on
S & L Landsc • • / REPARED BY: Keith Liden
DEPT. HEAD O./a CITY ADMIN 0 I! REQUESTED BY;
•OL Y ISSUE
INFORMATION SUMMARY
On April 6, 1989, the Planning Director issued an interpretation stating that
the business activity that has been established at 14380 SW 97th Ave., is not
permissible as a "farming" activity. An appeal of this interpretation has been
submitted by John Schwab on behalf of S & L Landscaping. Attached is a
vicinity map, a copy of the explanation of the business submitted by Jim
Castile, the Director's interpretation, and the appeal letter.
ALTERNATIVES CONSIDERED
1. Uphold the Director's Interpretation.
2. Reverse the Director's Interpretation and allow the use as a "farming"
activity.
FISCAL IMPACT
SUGGESTED ACTION
Uphold the Director's interpretation.
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March 10, 1989
City of Tigard
City Hall
Tigard, Oregon
Att: Keith Liden, Senior Planner •
RE: PROPERTY AT 14380 S.W. 97th
Tigard, Oregon
Keith:
As discussed, It is our intention to remove everything from the
back property that is not associated with a nursery within
approximately 90 days, based upon our finding a piece of property
that we can use for commercial sales and service. We have made
an offer at this time for a piece of property located in Sherwood.
It is our intention to continue using the back property as a
nursery with no sales office located on the premise as per
the definition of Farming on page 24, Title 18.
ist As per Section 18 .50 .020 for zoning R 4-5, a use permitted
outright, section 18.50.030, is a use which requires no approval
under the provisions of this title (code) .
As Der 18.50.030, Farming is a permitted use which requires no
approval under the provisions of this title (code)
We will have our nursery license transferred over to this
property
that we currently hold.
We will operate under any and all state codes required of such.
Enclosed is a diagram of what we hope the property to look like.
Tank you,
TT
-may!
Jim Castile
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April 6, 1989
arr OF WARD
Mr. Jim Castile OREGON
9563 SW Inez Street
Tigard, OR 97223
RE: "Farm use" in the R-4.5 Zone
14380 S.W. 97th Avenue
Dear Mr. Castile:
I have reviewed your request for a Director's interpretation of the Community
Development Code relative to the definition of farm use and its application in
the R-4.5 (Single family residential, 4.5 units/acre) zoning district. Your
request has been prompted by complaints received from nearby residents
regarding the use of the above property for a nursery and landscaping business.
The purpose of this letter is to clarify the City staff position on this issue. '
It is first useful to outline the facts as I understand them:
1. The property at 14380 S.W. 97th Avenue is zoned R-4.5 ,as are all
surrounding properties.
2. The property is 1.45 acres in size and it contains one dwelling whose
residents are not involved in the nursery/landscaping business.
3. The property is presently used for the storage of earth, gravel, rock, a
portable outhouse, a storage tank, irrigation equipment, storage sheds,
and a variety of plant materials. You indicate in your letter of March
10, 1989 that all materials not associated with the nursery will be
removed within 90 days. A site plan was submitted with the March 10th
letter which illustrates a garden area, earth storage area, outdoor
storage space for plant materials, accessory building, and screening
along a portion of the perimeter of the property.
4. Employees are and will continue to ha on the property periodically.
5. "Farming" appears as a permitted use in the R-4.5 zone (Section
18.50.030 A. 1.). This term is defined in Section 18.26.030 of the
Community Development Code as "Farming, truck gardening, orchards, and
nurseries, provided no retail or wholesale business sales office is
maintained on the premises...". The remainder of the definition is not
relevant because it pertains to livestock.
6. It is your contention that because farming appears as a permitted use in
the R-4.5 zone, that the business being conducted on the property is a
use which requires no approval under the provisions of the Code.
C •
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
•
41r Based upon the above information, I make the following conclusions:
1. The primary purpose of residential zones is not to accommodate
commercial/industrial activity or businesses with employees.
2. The existing and proposed use of the property will primarily serve as a
staging area for the temporary storage of plants and other landscaping
materials.
3. Since the primary activity on the property will not involve the
propagation of plants but merely the temporary storage of plants and
related materials, this is an outdoor storage use that is customarily
permitted in conjunction with a number of activities in the City's
industrial zones. Outdoor storage of materials is clearly not allowed
in residential zoning districts.
The existing and proposed use of the property as described in your letter of
March 10, 1989 is not consistent with the regulations of the Community
Development Code. The present storage of materials on the site must cease and
the material .moved from the property within a reasonable amount of time (eg.
one month) that can be scheduled with Coy Humphrey or me.
This interpretation may be appealed to the City Council if a written request,
justification, and $50.00 fee are submitted. In order to proceed toward a
prompt resolution of this issue, I must require that you either submit an
appeal of this interpretation or agree to a schedule for removal of the
Ar material within 10 days of receiving this letter. Please feel free to contact
me if you have any questions.
Sinc a y,
. 44_
Keith S. Liden
Senior Planner
A. •ed
4m!
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Directo Co unity Development Dept.
McCLURE 8 SCHWAB
ATTORNEYS AT LAW
9250 S.W.TIGARD AVENUE
CHARLES J.MCCLURE TIGARD,OREGON 97223 FAX(503)639-3447
JOHN E.SCHWAB TELEPHONE(503)639-4108 •
April 17 , 1989
Honorable Gerald R. Edwards, Mayor
City Council
City of Tigard
13125 S.W. Hall Blvd.
Tigard, Oregon 97223
Re: S & L Landscaping, Inc. - Director' s Interpretation.
Dear Mayor and Council Members:
This office represents S & L Landscaping, Inc., which has a
lease-option on property at 14380 S. W. 97th Avenue in Tigard.
That property is a 1. 45 acre parcel, zoned R-4.5. S & L
Landscaping is a commercial landscaping and nursery business.
The corporation has been using the subject property as a nursery.
On April 6, 1989, the Planning Director issued a Director's
Interpretation which held that the existing use and the future
IF use proposed by my client in a meeting with the planning staff,
are not consistent with the regulations contained in the Code.
We hereby appeal that interpretation.
Among the outrightly permitted uses in an R- 4.5 zone is
farming ( 18.50.030 (4) .
The Development Code defines farming as follows:
Farming, truck gardening, orchards and nurseries,
provided no retail or wholesale business sales
office is maintained on the premises, and provided
that no poultry or livestock, other than normal
household pets, are housed, or any fenced run is
located within 100 feet of any residence other
than the dwelling on the same lot. ( 18. 26.030).
The Code contains no definition of "nurseries", but the
evidence we present will show that the appellant' s use of the
property is well within the accepted scope of nursery activities.
That evidence will follow by separate submittal.
Sincerely,
MC CL RE & SCHWAB
Ar JES:gg
NL cc: S & L Landscaping /in E. Schwab
NMEIVEDAMMMM
MAY 9 1989 McCLURE 8 SCHWAB
ATTORNEYS AT LAW
9250 S.W.TIGAPD AVENUE
TIGARD.OREGON 97223 FAX(503)639-3447
CHARLES J.MCCLURE ._-
JOHN E.SCHWAB TELEPHONE(503)639-4108
May 9 , 1989
Planning Department
City of Tigard
13125 S. W. Hall Blvd.
P. O. Box 23397
Tigard, Oregon 97223
Re: S & L Landscaping, Inc.
Dear Sir or Madam:
Enclosed please find a Memorandum in Support of the Appeal
of the Director's Interpretation I filed on behalf of S & L
Landscaping on April 17, 1989. i understand this will be on the
City Council's agenda for Monday, May 22, 1989.
Sincerely,
McCLURE & SCHWAB
n E. Schwab
JES/sw
Enclosure
S.18
cc: S & L Landscaping, Inc.
0
MEMORANDUM IN SUPPORT OF APPEAL OF DIRECTOR' S INTERPRETATION
Appellant, S & L Landscaping, Inc., operates a nursery on
property in Tigard that is zoned R-4.5 and by this appeal seeks
to preserve that use of the property. Farming is outrightly
permitted in the R-4.5 zone. The Development Code defines
farming as, "—.truck gardening, orchards and nurseries...."
There is no definition of nurseries in the code and this matter
hinges on whether the Director has correctly defined that term in
his letter of interpretation.
Appellant has been granted a nursery license by the
Department of Agriculture of the State of Oregon and has held
such a license since 1983. On the site in question the Appellant
is propagating ivy and other nursery stock from starts and
transferring the growing plants to bigger and bigger containers;
it is growing trees both in containers and by heeling them into
sawdust, and it is holding and maintaining the healthy growth of
several varities of containerized shrubs, flowering plants and
trees for later resale or replanting by landscape crews.
All of these activities are within the usual and ordinary
activities of a nursery. Appellants' license is the same as the
license for Hector's Nursery on Pacific Highway in Tigard, which
is mainly a retail business and the NPI-Inc. Nursery on Beef Bend
Road west of King City, which is a wholesale nursery.
The Director appears to base his interpretation on his
observation that the use of the property will primarily be "a
staging area for the temporary storage of plants," and "will not
involve the propagation of plants." In other words, staff would
be more comfortable if this property had material actually
cultivated in the ground, rather than in containers. That would
then be closer to "farming. "
However, the propagation of plants in the nursery business
involves two types of operations; container yards and field
crops, depending on what is the more efficient process for an
individual plant type. Some shade and fruit trees grow better
planted in rows, or their harvesting is more efficient. Most
other nursery stock is propagated and grown in containers. The
use of containers makes it easier for the plant to be repotted at
various stages of maturity and also easier to distribute in the
chain of commerce.
It
•
One of Oregon's largest nursery operations is the Monrovia
Nursery near Dayton, Oregon, which has about 650 acres of growing
nursery stock, all in containers. Obviously, that operation is
totally out of scale with the Appellants' nursery operation, but
the point is both are "container yards" or "holding yards" as
those terms are used in the nursery business and in the eyes of
the Department of Agriculture. Both are nurseries.
Until Tigard's Code is amended to put some restrictions on
the types of nurseries it will allow under the definition of
farming, there is no good reason to exclude the nursery at issue
here.
Respectfully submitted,
McCLURE & SCHWAB
,4„,b
Jo- E. Schwab
4
q
Coct-tial c%G2ao..
S/:la I -q
d
May 22, 1989 =--,,n-_1�� E
'89 VIM 22 AM 10 18
clri OF T ICAR
City Council
City of Tigard -
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Mr. Castile dba S&L Landscaping. Subject: Appeal
Dear Council Members:
In a letter dated 6 April, 1989, from senior planner Keith
Liden of the city of Tigard to Mr. Jim Castile I quote. " The primary
purpose of the residential zones is not to accommodate commercial/
industrial activity or businesses with employees." Mr. Castile is
operating a landscaping business out of this property with
employees. I believe the important point for the City Council to
consider is that Mr. Castile does not raise any type of crop or nursery
stock, rather he uses the property for a staging area for his
Landscape business. In addition the property is used for the storage
of soil, rock, irrigation pipe, equipment, trucks, etc.. The garage of
the existing house has been converted to an equipment repair
facility. A portable outhouse has brought in for the employees.
Storage sheds have been erected on the property.
"Nursery" is defined as "a piece of ground or place where
YOUNG PLANTS are raised for transplanting or sale." This does not
apply to the activities being conducted by Mr. Castile. The plants
that are currently on the property were in all probability purchased
from a nursery by S&L Landscape company and stored for use at
other locations. In addition ,the removal of all but the plant materials
will still not constitute a nursery and hope that the Council will keep
this in mind during Mr. Castiles' Appeal.
The City Development Codes in relationship to "farm use" were
developed to allow for compatible growth of the city in the already
existing farming community of Tigard. This, although not so stated in
black and white, has always been the direction the City of Tigard has
11( taken. Mr. Castile also lives near the property in question, and
City of Tigard
May 22, 1989 Page 2
should be aware that the area is becoming an increasingly larger
residential neighborhood.
In closing, I would like to say, that it is my opinion that a "farm
or nursery" paints a mental picture of a pastoral scene, with young
crops being raised for sale, not mature plants being loaded and
unloaded by equipment on a daily basis.
I would like the City Council to further note that it concerns me
that Mr. Castile sits on the Planning Commission and has a say as to
the future uses of lands in the city.
C
Sincerely,
Steve Knebel
14535 SW 97th
Tigard OR 97224
C
• DATE 5/22/89
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
C. Item Description: ;:AGENDA ITEM NO. 4 - APPEAL
PPUBLIC HEARING — COMMUNITY DEVELOPMENT DIRECTOR'S`
:INTERPRETATION' S &-L`'LANDSCAPING = 'INC.
************************************* *****************************************
Proponent (For Issue) Opponent (Against Issue)
************************************* *****************************************
Name, Address and Affiliation Name, Address and Affiliation
" PLPCLs C PR 7V T ( hU3ouD
S-e v IC ,.l
s
I
5
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council May 16, 1989
FROM: Cathy Wheatley, Deputy Recorde
SUBJECT: Council Meeting of May 22, 1989
Packet Material for Agenda Item No. 5
There will be a separate delivery of the packet material for the above-referenced
agenda item.
cw
c
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor City Council May 17, 1989
FROM: Cathy Wheatley, eputy ecorder
SUBJECT: Packet Material - May 22, 1989 Council Meeting
Agenda Item No. 5 - Public Hearing
CPA 89-04 Hughes/Posco Lands, NPO #2
Enclosed is the packet material for the above-referenced public hearing
scheduled for May 22, 1989.
cw
C
CITY OF TIGARD, OREGON
air COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Mav 22, 1989 DATE SUBMITTED: May 11, 1989
ISSUE/AGENDA TITLE: CPA 89-04/ PREVIOUS ACTION: Reviewed by Planning
ZC89-04 (Hughes-Posco Lands, In Commission on May 2, 1989 //
PREPARED BY: Jerry Offer, Asst. Planner tCcoa- 4
DEPT HEAD • Ai% CITY ADMIN OR/ ir 1 REQUESTED BY: Ed Murphy, CD Director
=3
P.' ICY ISSUE
k.
Should the City redesignate approximately 1.75 acres from Commercial
Professional (C-P) Plan and zoning designations to Medium-High Density (R-12),
along with redesignating approximately 3 acres from Medium Density Residental
(R-12) to Medium-High Density Residential (R-25) in an area developed with a
variety of land uses.
INFORMATION SUMMARY
On May 2, 1989, the Planning Commission reviewed a proposal to amend the
Comprehensive Plan map from Professional Commercial to Medium-High Density
Residential and to amend the zoning from C-P (Professional. Commercial) to R-25
(Residential, 25 units/acre) for 1.75 acres located at 11505 - 11515 SW Hall
Blvd. The property is currently developed with 2 single family residences.
Also requested is a Plan Map amendment from Medium-Density Residential to
Medium High Density Residential and a zone change from R-12 (Residential, 12
units/acre) to R-25 for 3.02 acres located at 11555 SW 88th Avenue. This
411 second parcel is currently developed with a 49 unit apartment complex. The
two properties involved in this application abut each other. The Planning
Commission recommends denial of the proposal.
Attached is a vicinity map; the Planning Division staff report; the May 2, 1989
Planning Commission minutes regarding the proposal; and the applicant's
proposal (relates only to 11505-11515 SW Hall Blvd.).
ALTERNATIVES CONSIDERED
1. Approve as recommended by staff.
2. Deny as recommended by the Planning Commission.
FISCAL IMPACT
____
SUGGESTED ACTION
Approve the proposed Plan/zoning map amendments. Adopt the staff report as
findings supporting the approval and direct staff to prepare a final order.
br/CPA89/04.jo
I
MEM .
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STAFF REPORT AGENDA ITEM 5.3
4r- May 2, 1989 - 7:30 P.M.
TIGARD PLANNING COMMISSION
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 89-04, Zone Change ZC 89-04
REQUEST: A request for a Comprehensive Plan Map amendment from
Professional Commercial to Medium-High Density Residential
and a zone change from C-P (Professional Commercial) to
R-25 (Residential, 25 units/acre) for 1.75 acres (Hughes'
property) and a Comprehensive Plan Map amendment from
Medium Density Residential to Medium-High Density
Residential and a zone change from R-12, (Residential, 12
units/acre) to R-25 for 3.02 acres (Posco Lands'
property). The parcels abut each other.
APPLICANT: Bowen Development Co. OWNERS:Dr. David Hughes
41, 111 SW 5th Avenue Woodrow Hughes
Portland, OR 97204 11565 SW Hall Blvd.
Tigard, OR 97223
Portland Oil Svc. Co.
Posco Lands, Inc.
610 SW Broadway, Suite 400
Portland, OR 97204
LOCATION: Hughes property - 11505-11515 SW Hall Blvd. (WCTM 1S1 35DA,
tax lot 1400) and Posco property - 11555 SW 88th Avenue
(WCTM 1S1 35DD, tax lot 3300).
2. Background Information
Both parcels are within the original 1961 incorporation boundaries for
the City of Tigard. Planning Division records show only one land use
or development application involving either of the parcels since that
time. In 1988, tax lot 1400 was the parent parcel involved in Minor
Land Partition MLP 88-01 which resulted in the creation of parcels of
0.74 acres (site of the Kindercare Learning Center) and 1.75 acres (the
present tax lot 1400).
3. Vicinity Information
Properties to the north and east of the subject properties are zoned
C-P and contain a medical office building and a day care center
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 1
on parcels fronting on Hall Boulevard, nonconforming single family
residences and vacant parcels which also have frontage on Hall
Boulevard, and three undeveloped parcels which are landlocked. In
addition, a mobile home park is located east of tax lot 3300 on
property zoned R-12. The Tigard Plaza shopping center is located to
the southeast of the subject parcels. This property is zoned C-G
(General Commercial). The Plaza Gardens apartment complex is located
to the west of tax lot 3300. This parcel is zoned R-12. Properties to
the northwest and west of the subject properties contain single family
residences and duplexes and are zoned R-4.5 (Residential, 4.5
units/acre).
4. Site Information and Proposal Description
Tax lot 1400 contains two single family residences which are set back
approximately 400 feet from Hall Boulevard. A 32 foot by 290 foot
accessway, which contains a 30 foot wide paved driveway serving both
Kindercare and the houses, connects tax lot 1400 with Hall Boulevard.
Tax lot 3300 contains the 49 unit Park Place Garden Apartments on 3.02
acres. The parcel is therefore developed at a density in excess of 16
units per acre. Access to the apartments from Center Street is via an
approximately 45 foot wide by 500 foot long access drive which is
located between the Tigard Plaza and Center Court shopping centers'
parking lots. This private road is known as SW 88th Avenue.
The applicants request that the Comprehensive Plan map designation for
tax lot 1400 be amended from Professional Commercial to Medium-High
Density Residential and the zoning from C-P to R-25 (Residential, 25
units/acre) and also that the Plan map designation for tax lot 3300 be
amended from Medium Density Residential to Medium-High Density
Residential and the zoning from R-12 to R-25. The redesignations are
requested in order to allow apartment development on tax lot 1400 and
to allow possible future redevelopment of tax lot 3300 at at least its
present density. As presently zoned, the apartments on tax lot 3300
are considered a nonconforming use because the parcel is developed at a
greater density than the zone permits.
5. Agency and NPO Comments
The Engineering Division has reviewed the proposal and offers the
following comments:
1. Under the current zoning for tax lot 1400, the potential exists
for development of an office building of approximately 110,000
square feet. The proposed zoning redesignation to R-25 would
allow development of approximately 44 apartment units on tax lot
1400. The potential traffic impacts of full development under
the proposed R-25 zoning designation are less than the potential
impacts of full development under the current C-P zoning. No
analysis was provided regarding the potential impacts of the
proposed redesignation of tax lot 3500.
2. Sanitary and storm sewers are available to serve future
development on these properties. The Park Place Garden
apartments are presently served by sanitary and storm sewers.
The adequacy of these facilities to serve future development will
be assessed during the review of any future development proposal.
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 2
e
The Oregon State Highway Division reviewed the proposal and offered no
objections to the proposed redesignations. The Highway Division,
however, noted that access impacts upon Hall Boulevard will need to be
addressed through the review for any future development proposal on tax
lot 1400.
The Metzger Water District, Washington County Fire District #1, and the
City of Tigard Building Division reviewed the proposal and offered no
comments or objections.
No other comments were received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2,
and 10; Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 7.1.2, 7.8.1,
8.1.1, 8.1.3, 8.2.2, and Chapter 12, Locational Criteria; and the
change or mistake quasi-judicial map amendment criteria of both the
Comprehensive Plan and Community Development Code.
The Planning staff concludes that the proposal is consistent with the
applicable Statewide Planning Goals and Guidelines based upon the
following findings:
1. Goal #1 is met because the City has adopted a Citizen Involvement
program including review of all development applications by
Neighborhood Planning Organizations (NPO). In addition, all
public notice requirements have been satisfied for this
application.
2. Goal #2 is met because the City has applied all applicable
Statewide Planning Goals, City Comprehensive Plan Policies and
Community Development Code requirements to the review of the
proposal.
3. Goal #10 is satisfied because the proposal will provide for
additional housing opportunities as promoted by the City's
Comprehensive Plan and the Metropolitan Housing Rule (Oregon
Administrative Rules, Chapter 660, Division 7). Approval of the
proposal would increase housing opportunities on the City's
developable residential lands to 10.18 dwelling units per acre as
compared to the current 10.16 units per acre. Approval would
also provide increased opportunities for multi-family
development. Only potential housing opportunities on tax lot
1400 are included in this calculation since tax lot 3300 is
already developed and therefore is not included in the City's
buildable land. The Metropolitan Housing Rule requires that the
City maintain a minimum housing opportunity rate for developable
lands of 10 units per acre and a minimum 50/50 opportunity mix
for single family and multi-family housing.
The Planning staff has determined that the proposal is consistent with
applicable portions of the Comprehensive Plan based upon the findings
noted below:
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 3
1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning
Organization #2 and surrounding property owners were given notice
of the hearing and an opportunity to comment on the proposal.
2. The purposes of Plan Policy 5.1.3 will be furthered by the
proposed redesignation because allowance of increased residential
opportunities within close proximity to the central business
district, which is aproximately one quarter mile south, may make
the central business district more economically viable because
future residents of the properties would be anticipated to
utilize nearby commercial and civic opportunities within the
central business district. In addition, redesignation of
commercial property outside of, but close to, the central
business district may reduce the liklihood that a new commercial
enterprise would bypass commercial development opportunities
within the central business district.
3. Plan Policy 6.1.1 is satisfied because the proposal would provide
the opportunity for additional multi-family development and would
increase the net housing opportunity on buildable lands in the
City. This is detailed in the discussion for Goal 10 above. The
City of Tigard is obligated through the Metropolitan Housing Rule
to provide for an equal housing opportunity mix of single family
and multi-family units with an overall development density of 10
units per acre. The City must ensure that sufficient higher
density areas are available so the intent of the Housing Rule can
be met. The proposed redesignation would further the City's
compliance with these requirements.
4. Plan policies 6.3.2 and 6.3.3 will be satisfied because the
proposal would allow for redevelopment of the properties in ways
that may be more compatible with adjacent established residential
areas than the existing uses or currently permitted uses of the
C-P Zone. Future development of the parcels will be subject to
density limitations within 100 feet of lower density residential
zones and also will be subject to setback, buffering, and
landscaping requirements that may lessen impacts on adjacent
properties to a greater extent than would occur under Code
requirements applicable to development proposals under the
current Plan and zone designat4ms.
5. Plan Policy 6.6.1 will be sa::isfied through the imposition of
buffering and screening requirements of the Community Development
Code to any future development proposal for the properties.
6. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied
because adequate public service capacities are available to serve
potential development on the properties. Storm sewer and
sanitary sewer extensions will be necessary to serve future
development on tax lot 1400. This can be accomplished as a
condition of developing the site.
7. Plan Policy 7.8.1 is satisfied because the Tigard School District
was informed of this proposal. The School District is presently
constructing an addition to the Durham Elementary School and is
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 4
also reviewing proposed changes to school attendance boundaries.
C These actions are intended to alleviate overcrowding in existing
classrooms and to provide additional capacity to serve future
growth in the area.
8. Plan Policy 8.1.1 commits the City to plan for a safe and
efficient street and roadway system that meets current needs and
anticipated future development. This policy would be satisfied
because the proposed redesignation of tax lot 1400 would reduce
the anticipated traffic onto Hall Boulevard as noted by the
Engineering Division and because any additional traffic that
might result from redevelopment of tax lot 3300 would not
directly impact an arterial or collector street. The Engineering
Division will review any future development proposals for either
of the properties and may require improvements to affected public
streets to reduce impacts resulting from future developments.
9. Plan Policy 8.1.3 will be satisfied as a condition of approval of
any future development of the properties. Necessary street
improvements to Hall Boulevard may be required at the time of
development of tax lot 1400. The City's Engineering Division and
the Oregon State Highway Division will review any future
development proposals for either of the properties.
10. Plan Policy 8.2.2 is satisfied because Tri-Met offers bus service
on Pacific Highway, less than one quarter mile from the
properties, and on Hall Boulevard, on which tax lot 1400 has
frontage. Therefore, the proposed redesignation would locate an
intensive type of development within close proximity to existing
public transit routes.
11. The Locational Criteria specified in Chapter 12 of the Plan for
Medium-High Density Residential use are satisfied for the
following reasons:
a. The subject properties are not committed to low density
development. Density transition, buffering, and screening
requirements of the Community Development Code will assist
in making future developments on the properties compatible
with neighboring duplexes and single family residences as
well as with other apartment developments.
b. Tax lot 1400 has direct access to Hall Boulevard, an
arterial, and indirect access to Pacific Highway, which
also is functionally classified as an arterial. Tax lot
3300 has indirect access to both Pacific Highway and to
Greenburg Road, a major collector street.
c. Serious development limitations affecting the properties
are not evident and public facilities are either present or
can be extended to serve future developments on the
properties.
4 '
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 5
d. Public transit is available on both Hall Boulevard and on
Pacific Highway within easy walking distance of both
properties.
e. Convenience retail service is available nearby along
Pacific Highway. Commercial and business centers are
located within close proximity to both properties.
f. The Park Place Garden Apartments are presently provided
with a swimming pool and other common open spaces. Common
open space and recreational facilities that customarily are
provided with multi-family developments will be required of
future multi-family development on tax lot 1400. No public
open space is located within the immediate vicinity of
these parcels.
In order to approve a quasi-judicial amendment to the Plan and zoning
maps, the City must also find that there is evidence of a change in the
neighborhood or community which affects the subject parcel.
Alternatively, the City must find that there has been a mistake or
inconsistency made in the original designation of the parcel.
(Comprehensive Plan, Volume 2, Policy 1.1.1, Implementation Strategy 2;
Community Development Code Section 18.22.040(A)). For the subject
parcels, a combination of assertions of both a mistake and a change of
circumstances affecting the parcels may be made. A mistake may have
been made in not recognizing the existing development density of the
Park Place Garden Apartments at the time the parcel was designated with
the Medium Density Residential Plan designation and the R-12 zone. As
such, the apartments are a nonconforming use in the R-12 zone and would
be limited in opportunity to redevelop at their present density. The
property's owners therefore desire that the Plan and zoning
designations be amended to be consistent with the property's existing
density and to therefore improve their opportunities for redevelopment
of the parcel.
Tax lot 1400's current designations of Commercial Professional and C-P
are not characterized as a mistake, but instead are likely based on
decisions which could have gone one way or another, and because of
changes in circumstances the choice not taken may have provided the
opportunity for development of the property. Staff
best developmentpP Y possible that
it is to make findings for the property satisfying
y g
all applicable Plan policies and locational criteria for either the
Commercial Professional or Medium-High Density Residential Plan
designations. The Commercial Professional designation is the
designation that has previously been assigned by the City. The
property's owners have had a difficult time attracting developers of
uses allowed in the C-P zone to the property largely because of its
lack of visibility from major roadways. The owners, however, believe
that the property has adequate access to attract multi-family
development to the site and that its lack of visibility will not
detract from its attractiveness for residential use. The owners also
believe that in addition to the above, the demand for developable
multi-family residential land is now greater than the demand for
Professional Commercial land and this constitutes a change of
circumstances.
STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 6
C. RECOMMENDATION
The Planning staff recommends that the Planning Commission forward a
recommendation for approval of CPA 89-04/ZC 89-04 for the Hughes and
Posco properties to Medium-High Density Residential and R-25(PD) .
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STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 -- PAGE 7
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• Mark Vander Yacht, 9125 SW Locust, Tigard, OR 97223, lives in the Co ty.
His basic concern is traffic created by Washington Square. felt
rammell Crow's project would have a limited impact.
o Ber. Helm, 9255 SW Mapleleaf, Tigard, OR, 97223, tax lot 74 , supported
the quest.
o Brian Ha- erson, 10180 SW 93rd, Tigard, OR 97223, t- lot 701, has the
only home 'ich faces the Trammell Crow project. If e six story parking
structure we e approved he is close enough to c•- nt the bricks. He
supported the • oposed request with the ground lev parking structure.
o John S. Blomgren, 9960 SW Oak, Tigard, OR 9 23, opposed the proposal.
He felt traffic conc= ns should be taken car- of prior to development.
REBUTTAL
o David Blake stated they reco'nize th- there is substantial traffic in the
area and supports urban renew- ; h• ever, improvements will not happen if
development is prohibited.
o Discussion followed with st• f re•=rding approval of the Comprehensive
Plan Amendment requiring a .eed rest 'ction on the residential properties
and improvements to SW 93 d Avenue.
PUBLIC HEARING CLOSED
o Consensus of th- Commission was to support rammell Crow's proposal,
especially sin.- they have the support of e neighborhood. The
Commission a .o felt a deed restriction shoul• be required for the
residential properties limiting development to a ,-rking structure as
proposed. hey recognize that traffic problems need to •e addressed.
o Commi. .ioner Fyre moved and Commissioner Barber secondee to forward a
rec• endation for approval to City Council; further reco,•. ending that
C y Council impose a deed restriction limiting the develo. -nt on the
esidential property to a two single story parking structure (to• story at
grade level). Motion carried unanimously by Commissioners present.
IRECESS 9:15 PM
RECONVENE 9:25 PM
5.3 COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO LANDS NPO t 2 A
/ request for a Comprehensive Plan map amendment from Professional
Commercial to Medium High Density Residential and a zone change from C-P
(Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75
acres. Also, a Comprehensive Plan map amendment from Medium-Density
Residential to Medium-High Density Residential and a zone change from R-
12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject
parcels abut each other.
PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 4
■
Assistant Planner Jerry Offer reviewed the staff report and made staff's
recommendation for approval.
APPLICANT'S PRESENTATION
o Phil Hedrick, applicant's representative, 111 SW 5th Avenue, Suite 3850,
Portland, OR, explained that the lot presently zoned C-P has visibility
problems and is not marketable for commercial professional use. They feel
that multi-family is a alternative use that is marketable because of the
site's location to transportation and shopping. The lot zoned R-12 is
currently developed with a nonconforming use and the increase to medium
high density would bring it into conformance.
PUBLIC TESTIMONY
o Dan Gott, NPO it 1 Chairperson stated that they had discussed this request
at great lengths and were at a quandary as what to do. They did not have
a quorum at their meeting so they did not vote on this request. •
o David Hughes, R•c. 3 Box 278E, Sherwood Or, stated he has owned the vacant
site for 10 years and has tried to have the site developed. However,
because of the visibility problem he is not able to compete with the other
areas in town zoned C-P. He has now found a residential developer who is
willing to work with him.
o Mary Brazil, 11463 SW Hall Blvd., Tigard, OR 97223, was concerned about
traffic congestion. She felt Hall Blvd. needed to be widened before any
development takes place.
o Richard Murray, 11440 SW Lomita, Tigard, OR 97223, stated that the
existing vacant lot is in such a mess that he is tempted to support the
request. However, he is concerned with the problems that such a
development would create, such as noise, which he wouldn't have at night
if the site is developed commercial professional. He was also concerned
because existing apartments in the area currently have drug problems and
the police are constantly having to respond to calls.
APPLICANT'S REBUTTAL
o Phil Hedrick, reiterated the Engineer's report which stated that the
apartment would create less of a traffic impact. He stated that there
would be a 30 foot setback from the residential area with 6 foot cedar
fencing and plantings for screening. There will not be any windows
constructed on the west side of the development.
PUBLIC TESTIMONY
o H. M. Brazil, 8834 SW Bohman Parkway, Tigard, OR 97223, asked if he could
testify, he had not signed up to speak. Chairman Moen agreed and added
his name to the sign up sheet.
PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 5
o H. M. Brazil, disagreed with the traffic report. He felt the whole area
should be left as one zone and be developed as commercial professional.
APPLICANT'S REBUTTAL
o Phil Hedrick stated that they had no problems with the rest of the area
developing as commercial professional. However, Mr. Hughes would like to
develop his property now as multi-family residential.
PUBLIC HEARING CLOSED
o Consensus of Commission was for denial. They were concerned that this
would create a spot zone making it difficult for abutting C-P properties
to develop and they did not feel a R-25 zone should abut an R-4.5 zone.
* Commissioner Pyre moved and Commissioner Peterson seconded to forward a
recommendation of denial to City Council based on the following reasons.
1. This is creating a spot zone.
2. The change would create problems for adjacent property owners.
3. R-25 zoning should not be adjacent to R-4.5 zoning.
4. Lot 3300 is currently developed close to the R-12 designation.
Motion carried unanimously by Commissioners present.
5.4 IGN CODE EXCEPTION SCE 89-10 BISSETT NPO #2 A request for a Sig
.•e Exception to allow retention of an oversized (148.5 square foot •-r
face and an overheight (30.5 foot high) freestanding sign. T - Code
stand- .- for freestanding signs in the C-G zone allow 70 s. ft. per
sign fac- and a maximum height of 20 feet. ZONE: (General
Commercial) 'CATION: 11989 SW Pacific Highway (WCTM 1S 35DD, tax lot
5102) .
Assistant Planner tuart reviewed the propo and made staff's
recommendation for de 'al of the variance an• approval of a sign code
exception for a height of 5 feet and sign s' e of 87.5 sq. ft. per side.
APPLICANT'S PRESENTATION
o Larry Bissett, 2204 NW Irving, Po 1- d, OR 97209, explained that there is
no visibility to their build' • • as th= were required to have a 30 foot
setback from Pacific Highw. when the b ' ding was constructed in 1969.
Setback requirements were changed to ten fee. and then again to zero feet.
Currently the sign i= obscured by the Bank bu ding and the Theater. He
felt that staff's commendation would make the s •n unusable.
o Mark Cushing Goodyear Representative, 11989 SW Paci Highway, Tigard,
OR, 97223 stated that the sign is crucial for the • business and
decreas' g the height and size would not be viable.
p •' ING COMMISSION MINUTES - MAY 2, 1989 - PAGE 6
PUBLIC TESTIMONY
o No one appeared to speak. •
PUBLIC cu •G CLOSED
o Consensus of the Commission was to support staf s recommendation.
Discudsion ; lowed whether additional height o size, above staff's
recommendation, - ould be permitted.
* Commissioner Saporta •ved and Commission- Rosborough seconded to deny
Variance V 89-16 and ap. ove Sign Code xception SCE 89-10 per staff's
recommendation and cone tions. otion carried unanimously by
Commissioners present.
OTHER BUSINESS
o Assistant Planner Jer Offer explained that • ere is a Site Development
Review proposal that -he applicant feels will be •pealed to the Planning
Commission and th- • would like to have the Commissi•• review the proposal
instead of the .irector. Mr. Offer explained that th•= can be done per
Section 18.3 •90. Discussion followed regarding hearing e item on May
16th or o une 6th. Consensus of the Commission was to hea the item on
June 6t.
C
7. ADJOURNMENT - 11:00 PM
aZ7( 4-1i/
Diane M. Jel ks, Secretary
ATTEST:
A Donald Moen, President
dj/PCM5-2
PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 7
F
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HALL STREET APARTMENTS
REZONE AND PLAN AMENDMENT APPLICATION
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February 16, 1989
Mr. James W. Ekberg
Vice President
Bowen Development Company
111 S.W. Fifth Avenue
Suite 3850
Portland, Oregon 97204
Dear Mr. Ekberg:
E We hereby authorize your firm, Bowen Development Company, to
proceed with the City of Tigard for the rezoning and plan
amendment application for Tax Lot Nos. 1400 and 1800, known as
the Hall Street Apartments in Tigard, Oregon.
Sincerely,
II ,
William Blue
IC 4111441
David W. Hughes
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Woodrow W. Hughes
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HALL STREET APARTMENTS
REZONE AND PLAN AMENDMENT APPLICATION
Applicable Plan Policies
1 5.1.3 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE
CENTRAL BUSINESS DISTRICT AS THE FOCAL POINT FOR
COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC,
AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND
ECONOMICALLY VIABLE CORE AREA.
r The proposed development is located .35 miles from the
® entrance to the Central Business District ("CBD") located on Main
rStreet in Tigard, Oregon. As such, the development serves to
enrich the diversity of the CBD while providing an opportunity
for its residents to take advantage of available services.
Residents of the development will look toward the CBD to satisfy
their consumer wants and needs, thereby strengthening the
O ( economic viability of the area. Correspondingly, it follows that
the CBD should strengthen itself for increased demand by
consumers for goods and services. In sum, the proposed
development should assist the CBD by providing additional
consumers for the area.
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{ 6.1. 1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY
OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS
PRICE AND RENT LEVELS.
0
The City currently has allowed R-25 development on 3 parcels
of land with the latest completion of 224 multi-family units on
Durham Road. The project has been designated as low income
housing and thus provides housing for individual families at a
lower economic scale. The other recent development, Gatehouse
Apartments, located on Pfaffle Road, was completed in 1987. This
project most closely approximates the proposed development in
location and in projected rent levels. It is interesting to note
the project is fully occupied with a waiting list.
A survey of rental housing in the area suggests that a
disproportionate number of low-to-moderate multi-family housing
is available when compared to the availability of moderate to
higher rental income housing for the area. The proposed
development will meet this latter need.
Additionally, and of equal importance, the proposed
development seeks to attract small families as residents. As
such, the development will include a designated play area for
children. The survey referred to above found that few, if any,
existing developments had special play areas for children.
Recent Apartment Data Center Rent Surveys indicate that the
proposed project will be competitive in the market; in a March,
1988 survey 2 bedroom/2 bath units rented for an average of $562
1 with a 2.3% vacancy in the Tigard/Lake Oswego area with total
average vacancy for all areas at 4.1%. The September, 1988
3
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survey shows the average rent at $602, with vacancy at 1.6% and
over-all vacancy at 3.1% for the same areas.
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6.3 .3 IN ALL PHASES OF THE DEVELOPMENT APPROVAL PROCESS IN A
RESIDENTIAL "ESTABLISHED AREA," A PRIMARY CONSIDERATION
OF THE CITY SHALL BE TO PRESERVE AND ENHANCE THE
CHARACTER OF THE ADJACENT ESTABLISHED AREAS.
The proposed development addresses an established area that
is currently under-utilized and has been of concern to adjacent
neighbors. The development will, therefore, address itself to
the enhancement of the area and perhaps could increase the land
values of adjacent owners. Therefore, while the area will be
preserved in its current mixed use between single-family, multi-
- family, and commercial-professional use, the proposed development
will upgrade the area with new construction that will serve to
enhance the surrounding neighborhood.
The Regional Director for Kindercare has been contacted as
well as adjacent property owners concerning the proposed
development. They have taken a neutral position regarding the
issue, but do not appear to be opposed to the development.
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A6.3.2 WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING
HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE
COMPATIBLE.
The proposed development adheres to the density transition
. as established by the Tigard Community Development Code.
To the south of the property there is an existing apartment
property known as Park Place. This property is located in an R-
12 zone. The proposed development is fully compatible with this
property. The property to the west is zoned R-4.5 and four
single family houses abut the property line of the proposed
development. This area can be considered compatible as the use
is designated for housing purposes. While there is a density
differential, the occupants of both properties are family units.
The property to the east across Hall Boulevard is zoned R-4.5.
There is an apartment community known as Silver Creek West on
L this parcel. The proposed development is fully compatible with
R this multi-family property though it is separated by a main
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arterial (Hall Boulevard) . The property north is currently zoned
C-P as is the proposed development.
The required buffering of the proposed development between
R-25 and C-P assures a distinct separation of parcel use.
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6.6.1
6.6.1 THE CITY SHALL REQUIRE:
a. BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR
EXAMPLE BETWEEN SINGLE FAMILY RESIDENTIAL AND MULTIPLE
FAMILY RESIDENTIAL AND RESIDENTIAL AND COMMERCIAL USES
AND RESIDENTIAL AND INDUSTRIAL USES) AND THE FOLLOWING
FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPE AND
EXTENT OF THE REQUIRED BUFFER:
1. THE PURPOSE OF THE BUFFER, FOR EXAMPLE TO DECREASE
NOISE LEVELS, ABSORB AIR POLLUTION, FILTER DUST OR
TO PROVIDE A VISUAL BARRIER.
2. THE SIZE OF THE BUFFER NEEDED IN TERMS OF WIDTH
AND HEIGHT TO ACHIEVE THE PURPOSE.
3. THE DIRECTION(S) FROM WHICH THE BUFFER IS NEEDED.
4. THE REQUIRED DENSITY OF THE BUFFERING.
5. WHETHER THE VIEWER IS STATIONARY OR MOBILE.
b. ON SITE SCREENING OF SUCH TZINGS AS SERVICE AREAS AND
FACILITIES, STORAGE AREAS AND PARKING LOTS, AND THE
FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING
THE TYPE AND EXTENT OF THE SCREENING:
1. WHAT NEEDS TO BE SCREENED.
2. THE DIRECTION FROM WHICH IT IS NEEDED.
3. HOW DENSE THE SCREEN NEEDS TO BE.
4. WHETHER THE VIEWER IS STATIONARY OR MOBILE.
5. WHETHER THE SCREENING NEEDS TO BE YEAR ROUND.
A privacy fence will separate the proposed development from
the north, west, and south adjacent land owners. Additionally,
the required buffer zones to the north and south will be planted
with grass with a variety of shrubs interspread. The west
boundary of the property, abutting the single family R-4.5 zone,
will be privacy fenced by a green belt with shrubs.
Additionally, a row of garages will be developed on the west
boundary for noise abatement purposes.
The refuse sites within the development will be enclosed to
provide for a visual barrier. Finally, the childrens' play area
will be fenced to promote safety. A green belt around the play
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area will further serve as a buffer within the development
between the common areas and parking areas.
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7. 1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO
DEVELOPMENT APPROVAL THAT:
a. DEVELOPMENT COINCIDE WITH THE AVAILABILITY OF ADEQUATE
SERVICE CAPACITY INCLUDING:
1. PUBLIC WATER;
2. PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC TANKS
SHALL NOT BE ALLOWED WITHIN THE CITY) ; AND
3. STORM DRAINAGE.
b. THE FACILITIES ARE:
i1. CAPABLE OF ADEQUATELY SERVING ALL INTERVENING
PROPERTIES AND THE PROPOSED DEVELOPMENT; AND
2. DESIGNED TO CITY STANDARDS
c. ALL NEW DEVELOPMENT UTILITIES TO BE PLACED UNDERGROUND.
The development will be designed to conform with the
availability of adequate service capacity. The Metzger Water
District has confirmed that water availability is adequate for
the proposed project; the water district has a 12" waterline that
I' passes in front of this property.
11 The public sewer system should be adequate for a multi-
family complex with 40 units projected and the target market
I1 being small families. The storm drainage system will have the
same lot coverage, so there should be no substantial changes
necessary.
A reliable and adequate water supply, storage, and delivery
systems are presently available or planned by the city to provide
sufficient quantities of high quality water to meet existing and
future needs of the community. Therefore, the addition of a
11 multi-family apartment building should not adversely effect the
capabilities of facilities in place serving intervening
properties and the proposed project. To our knowledge, they have
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been designed to city standards.
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7.6.1 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO
DEVELOPMENT THAT:
a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING
ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES:
b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN
THE AREA BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION
PURPOSES; AND
c. THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLICATIONS.
{ Currently, the City of Tigard is serviced by the Tualatin
Rural Fire District and Washington County Fire District #1. The
proposed development does not appear to be in a congested area
that would slow the response time to fires.
The development will conform to the requirement that the
water system serving it will have adequate water pressure for
fire protection purposes, and will not adversely effect the water
pressure level for the area.
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8.1.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND
ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED
FUTURE GROWTH AND DEVELOPMENT.
The property is accessible oaf of Hall Boulevard which
11
services areas to the north and south to Highway 217 and south to
Pacific Highway. Highway 217 connects to I-5, the main freeway
running vertically the length of the state.
I.L., The property is 1.9 miles from Washington Square, one of the
largest shopping malls in the area with such anchors as Sears,
Nordstrom and Meier and Frank. A private roadway leads to the
property off of Hall Boulevard, and the property is .2 miles from
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the property to Pacific Highway. The present roadway system
ffA� appears adequate to service the size of facility that we are
projecting.
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8.1.3 THE CITY SHALL REQUIRE AS PRECONDITION TO DEVELOPMENT
APPROVAL THAT:
a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE
ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL
AUTHORITY;
b. STREET RIGHT-OF-WAY BE DEDICATED WHERE THE STREET IS
SUBSTANDARD IN WIDTH:
c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE
STREETS, CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN
THE DEVELOPMENT;
d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF
,... EXISTING STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF
THE DEVELOPMENT'S IMPACTS;
e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS
BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR
INTENSIFY A TRAFFIC HAZARD;
The owners will request use of Easement #88-9619, a 32 foot
private roadway leading off of Hall Boulevard to the property.
The developer will conform to city standards regarding streets,
curbs, and sidewalks to the extent of the development's impact
and if the development should create a traffic hazard.
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I Iiit 8.2.2 THE CITY SHALL ENCOURAGE THE EXPANSION AND USE OF
PUBLIC TRANSIT BY:
a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO
TRANSITWAYS;
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As nr.ted, public transportation, Tri-Met Bus, is available
on Hall Boulevard directly to the east of the project, as well as
�} on State Highway 99, 1.5 blocks to the south. The bus lines
running from Barbur Blvd. as well as Beaverton and Lake Oswego
appear to provide the most services. This enables easy access to
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the downtown Portland core area as well as outlying suburban
;1 areas for employment, shopping and other services.
The proposed project would improve the livability of the
surrounding area in light of increasing population and
transportation requirements.
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Direct access is available from Hall Boulevard which is a
major collector street. The site is not on a flood plane and is
relatively flat with a gentle slope north to south. There are no
developmental problems associated with the property. Based on a
rental survey in the area, there is a demand for this type of
housing proposed and a demand for this type of housing in the
immediate location of the site. Public transportation, Tri-Met
Bus, is available on Hall Boulevard directly to the east of the
??� project, as well as on State Highway 99, 1.5 blocks to the south.
The Tigard Plaza shopping center is located less than one-
quarter mile from the site and, therefore, within walking
distance. The shopping center is anchored by a Safeway grocery
store while other retail shops provide additional specialty
it services. There are no areas adjacent to the site designated as
• permanent open space.
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j 12. 1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN
ACCORDANCE WITH:
a. THE APPLICABLE PLAN POLICIES.
Ib. THE APPLICABLE LOCATIONAL CRITERIA.
c. THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS.
[I The city has provided for a variety of housing densities
throughout the Tigard city limits. The proposed development
Iwould help to balance the multi-family density with single family
Iiresidences by adding a high density designation.
The following factors will be the determinants of the areas
edesignated for high density on the plan map:
(1) Areas which are not committed to low density
development.
(2) Areas which can be buffered from low density
residential areas in order to maximize the privacy
of established low density residential areas.
(3) Areas which have direct access from a major
collector or arterial street.
:� (4) Areas which ere not subject to development
limitations.
(5) Areas where the existing facilities have the
capacity for additional development.
(6) Areas within one quarter mile of public transit.
l ; (7) Areas within one quarter mile from neighborhood
and general commercial shopping centers or
business and office centers.
(8) Areas adjacent to either private or public
permanent open space.
The subject area for the proposed development has not been
committed to low density development. In order to maximize the
buffer between the low density zone to the west of the
rdevelopment, a series of barriers will be used. A privacy fence
followed by a green belt planted with shrubs and a row of garages
are planned. This sequential plan provides for a visual barrier
buffer first followed by a sound barrier.
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SUMMARY
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( Rezoning of the proposed site to R-25 would enable the
developer to build a complex that would benefit the
Central Business District by increasing the number of consumers
to the area, and would add to the socio-economic scale of the
City of Tigard by providing a higher quality of multi-family
living at moderate to higher rental levels.
Rezoning of the site would be significant due to the direct
access to transportation, employment, shopping, and other
services offered. In addition, the desirability and livability
11 of the specific neighborhood would be greatly enhanced by the
quality of construction and landscaping planned.
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Miscellaneous
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NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS
11365 S.W. Hall Blvd. - Orren Peterson, et al
c/o Milton O. Brown and
Raymond J. Kiddleson
Route 2 , Box 474K
LaCenter, Washington 98629
11533 S.W. Hall Blvd. - Kindercare
c/o Mr. Dave Davenport
7114 N.E. Hazel Dell Avenue
Vancouver, Washington 98665
11540 S.W. Hall Blvd. - Mr. Stan Holmes
1410 S.W. Morrison Street
Portland, Oregon 97205
11555 S.W. 80th Ave. - Park Place Garden Court
Portland Oil Service Company
610 S .W. Broadway
Suite 401
Portland, Oregon 97205
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CITY OF TIGARD
OREGON
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT ITS MEETING ON MONDAY,
May 22, 1989 , AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER,
13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CPA 89-04 NPO # 2
FILE TITLE: Hughes/Posco Lands
APPLICANT: Bowen Development Co. OWNER: Dr. David & Woodrow Hughes
111 SW 5th Ave., S-3850 William Blue
Portland, OR 97204 • 11565 SW Hall Blvd.
Tigard, OR 97223
Posco Lands, Inc.
610 SW Broadway S-401
Portland, OR 97205
REQUEST: COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES NPO # 2 A request
for a Comprehensive Plan map amendment from Professional Commercial to Medium
High Density Residential and a zone change from C-P (Professional Commercial) •
• to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive
Plan map amendment from Medium-Density Residential to Medium-High Density
Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25
for 3.02 acres. The subject parcels abut each other.
LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1 35DD, tax lot 1400)
11555 SW 88th Avenue (WCTM 1S1 3500, tax lot 3300)
(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.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR PLANNING DEPARTMENT.
AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON 97223.
bkm/CPA89-04.BKM
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
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HALL BOULEVARD PROFESSIONAL VILLAGE 5 kS'
11565 S.W. Hall Boulevard
Tigard, Oregon 97223Cju nA l
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10 May 16, 1989 '
City of Tigard
Recorder/ Planning Dept.
13125 S.W. Hall Blvd. 'Y
Tigard, Oregon 97223
RE: Public Hearing 5/22/89 u .
File # CPA 89-04 NPO #2itr:, ,
Please consider this statement and enter into the record: ``.,'
Our property, tax lot 1800, is 1.19 acres. We join the parcel tax lot
1400 at the N.W. corner of our property (see attached). Our building -:
houses five separate dental offices and a dental laboratory. Each ,,.-
of
;of these six businesses generates traffic along Hall Boulevard. . .
entering our property along the driveway on the South. With the opening
of "Kinder Care" on the North and approval of a "left turn lane" for ',
them, the increase we have in congensticn and traffic, blocking
our driveway certain times of the day. . .h...s been considerable.
Our concern regarding this proposed zone chane, therefore, is the
limited access to these parcels from Mall Boulevard. . .for such zj.
high density. Will there be a stop light provided? (Not an ideal place
for that with Highway 217 overpass so close.) We do understand Hall
411, is to be eventually widened. Until then, and even with a wider
street, our many patients. . .many of them elderly. . .must enter and
exit our driveway daily, as well as the traffic and safety of the
day care center :..all must be considered. i`
Our dental offices depend on accessibility to our patients. One `.
major consideration in the decision to locate this building in
the Tigard area was the Professional-Commercial zoning of the area
surrounding this property. The existant multi-dwellings are not of .'
high density to create a problem. . .but possibly adding 125 units to 11:,;
this immediate area is a much different matter! P.
F'"
Thank you for consideration of my concerns. We all want Tigard to
prosper and grow. However, simply changing zoning for developement
when there is no provision for increased traffic congestion or
secondary access to subject property. . .other than Hall Boulevard. . .
can only create enormous problems for surrounding properties.
Ix
Sincerely, `,
(Z--)4WA'zie ..1›-
Dennis P. Thomas, D.M.D.
Owner
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Mav 22, 1989 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Pacific PREVIOUS ACTION:
Corporate Center LID public hearing
PREPARED BY: Randall R. Woolen/
DEPT HEAD 04111, CITY ADMIN OK " 4( REQUESTED BY:
POLICY ISSUE
Shall a Local Improvement District be formed for the construction of street and
utility improvements to serve the Pacific Corporate Center property?
INFORMATION SUMMARY
May 22nd is the date set for a public hearing on formation of the proposed LID.
Notices were sent to property owners on May 10, 1989. Although not required
by ordinance, notices of the public hearing were also sent to the owners of
properties adjoining the proposed LID.
At the May 22nd meeting, Council will receive any written or oral
remonstrances.
ALTERNATIVES CONSIDERED
1. Adopt the attached ordinance forming the Local Improvement District.
2. Direct that the LID proposal be modified.
3. Direct that the LID proposal be abandoned.
FISCAL IMPACT
All costs will be paid by the LID.
====
SUGGESTED ACTION
Staff recommendation will follow the closure of the public hearing, after any
remonstrances have been heard.
dj/SSPCCLID.RW
S1ET(O �� � .
May 16, 1989
SMETCO,Inc. - 6830 S.W. BONITA RD. — PORTLAND, OR 97224 TEL.503-620-1604
FAX: 503-620-0607
Mayor Jerry Edwards
Tigard City Council
City of Tigard
13125 S.W. Hall Blvd
Tigard OR 97223
Dear Mayor Edwards and Council Members :
I am concerned and alarmed by the tone and substance of the letter
directed to you and dated April 20, 1989 from PacTrust. We have tried to
accommodate the needs of PacTrust, while still surviving as a viable
business in Tigard, but will have great difficulty If the City allows
itself to be used as a middleman to acquire lard +:or PacTrust at the
expense of our business.
The very existence of the engineers report and the proposal for a Local
Improvement District has been used by PacTrust to lower our property
values and as a method of bargaining with us to sell them our property at
a lower value. We understand that PacTrust has told others that they
gr have our property "tied up" and that the City was about to condemn our
land. Does the Council have any idea what effect those statements have
on our business, as we try to borrow or expand? Further, we were
surprised to find that, from the beginning of this project, PacTrust
represented that the street through our property was to be constructed,
without our having been consulted. Finally, we have been given the
Hobson's choice of having our business withering on our present property
or accepting a low value (in land or money) for that property as the only
alternative to having PacTrust ram this project through Council .
We attach great importance to Council proceedings on this LID. I
personally cut short a business trip to Australia (not a vacation, as
suggested by PacTrust) to return to the City to negotiate a settlement.
The proposal was completely inadequate and appears to evince a confidence
by PacTrust that Council will do its bidding.
When this matter comes before council on May 22nd, I hope that Council
will not sound the death knell of Smetco as a viable part of the Tigard
business community. Our business can certainly locate elsewhere;
however, the signal sent to the Tigard business community is not one
which this city has cared to send before. We hope the Council will see
fit not to allow our property to be condemned and our business killed.
Thank you for your consideration.
Sincerely
j o?J 3/Ji14)
�ohn Smets
.stA ,rv, ttrd f2�a -7'rt
REMARKS OF JOHN SMETS TO TIGARD CITY COUNCIL
MAY 22, 1989
Good evening, Mayor Edwards and Council members. As you
know, I am John Smets and I am President of Smetco, Inc, a Tigard
firm in which I have spent my life's resources and energy.
Smetco has grown from a locally oriented producer to one which
does business world wide. I speak to you tonight as one who is
concerned over the future of my company in Tigard, in the face of
a strong, well-financed effort by a big company to use the City
to take my property so that company can benefit. The result will
probably be that our business will be required to end our
association with this city and find a more hospitable place to
relocate itself.
The Council has before it tonight the Pacific Corporate
Center Local Improvement District engineering report. That
report, as supplemented, suggests that Pactrust's development
would be more efficient if it were able to condemn our property
for a connecting road. Whether that is true is beside the point.
The question Council must ask itself is whether it is fair to the
existing business community, which has relied on the City's plan
and regulations, for one business to use the City to transfer one
person's property to another.
That report also states that it might cost up to $365,000 to
provide alternative access to the Pactrust property. However,
this is an unusual one-owner Local Improvement District and the
preservation of Tigard's business community should be seen as a
Page 1 -- John Smets Remarks.
RE: PACTRUST L.I.D.
cost of this development.
Smetco has tried mightily to accommodate Pactrust (and Noll
before them) so that all businesses could coexist as good
neighbors. Pactrust's view is that they have this Local
Improvement District "in the bag" before Council and that they
need not get serious about property purchase or land exchange
because the City will acquire the land for them anyway, give them
financing through the L.I.D. which is better than going to a
bank, and leave the rest of our property useless so that it could
acquire that remnant at bargain basement rates later.
Smetco has secured NPO 5 approval of its expansion plans and
has building permits from the City to construct an addition to
our existing plant. We wish to expand further, but feel we must
(^ put our plans on hold because of this cloud of condemnation which
hangs over us now.
Council may be aware that, after seven months of
negotiations, we gave Noll an option to buy our property at a
fair price which would allow us to expand in Tigard and
compensate us for our losses. Pactrust is not willing to enter
into any comparable arrangement, because they hope to get you to
do their work for them in acquiring our valuable industrial
property located close to the 1-5 corridor, for next to nothing.
Pactrust does not need our land for access -- they have three
existing access points to use. What it appears they really want
to do is prevent our expansion and grab our land.
In short, we ask Council to delete that portion of the Local
Page 2 -- John Smets Remarks.
RE: PACTRUST L.I.D.
r ' •
Improvement District which relates to the use of the Smets
property for public or private access to the Pactrust property.
We object and remonstrate against this Local Improvement District
in the strongest possible terms and will use every means at our
disposal to assure our security. We are fighting for our very
survival in this community as a business. We ask you to assist
us in this endeavor.
C
Page 3 -- John Smets Remarks.
RE: PACTRUST L.I.D.
r-7
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 22, 1989 DATE SUBMITTED: May 11, 1989
ISSUE/AGENDA TITLE: CPA 89-03 & PREVIOUS ACTION: Council approval
ZC 89-03 (Duvall Street) / subject to conditions o April 24, 1989.
� PREPARED BY: Jerry Offe4°Asst. Planner
DEPT HEAD O.4 Am 'ITY ADMIN 0, LII REQUESTED BY: ILII
/Mr
P ICY ISSUE
INFORMATION SUMMARY
On April 24, 1989, the Council approved the above application subject to
conditions and directed staff to prepare a final order. The attached ordinance
has been prepared to reflect the Council's motion on this matter.
411
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance.
2. Modify and approve the attached ordinance.
FISCAL IMPACT
SUGGESTED ACTION
Approve the ordinance.
dj/CCS-CPA.JO
,.
F
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 22, 1989 DATE SUBMITTED: May 22, 1989
ISSUE/AGENDA TITLE: Resolution of REVIOUS ACTION: Formation of the
Public neces: tv - Pacific Pacific Corporate Center LID
Corporate C= !p, LID. PREPARED BY:
DEPT HEAD • �1'I11 ITY ADMIN O REQUESTED BY: Community Development
_= ' F-
POLICY ISSUE
Should the Council authorize the City Attorney and staff to acquire the
necessary additional right-of-way and easements for the Pacific Corporate
Center LID?
INFORMATION SUMMARY
Council has now formed the Pacific Corporate Center LID. The LID calls for a
street connection between Upper Boone Ferry Road and Bonita Road. Certain real
property outside of the Pacific Corporate Center development must be acquired
to accomplish this street connection. Adoption of the attached resolution
would authorize staff and the City Attorney to acquire the necessary property.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution declaring a public necessity to acquire
certain real property for right-of-way purposes.
2. Delay adoption of the resolution.
3. Do not adopt the resolution.
FISCAL IMPACT
Acquisition cost which will be charged to the LID.
SUGGESTED ACTION
Staff recommends that council pass the attached resolution authorizing staff
and the City Attorney to acquire necessary additional right-of-way and
easements for the Pacific corporate Center LID.
br/Pac.rsc
br/SumSht.mst
C
flpui,131.-1-
- - 9
5-22-89
D.W.B.
LEGAL DESCRIPTION
RIGHT-OF-WAY OVER SMETS PARCEL
A tract of -nd in the northeast one-quarter of Section 12,
Township 2 Sou , Range 1 West of the Willamette Meridian in the
City of Tigard, Washington County, Oregon; said tract being a
portion of that p- cel of land described in a conveyance to John
E. Smets and Marie a D. Smets, recorded March 31, 1975 in Book
1016, page 416, Was 'ington County Book of Records; said tract
being more particular, described as§D(§650 Beginning at the southw- t corner of Lot 4, of BONITA GARDENS,
according to the map they=of recorded November 11, 1911, in Plat
Book 5, at page 11, plat ecords of Washington County; thence
North 0°21'44" West, alon- the west line of said Lot 4, a
distance of 416.00 feet to a northwest corner of said Smets
parcel; thence North 88°35'31" ast, along the north line of said
Smets parcel,14.60 feet to an a gle point thereof; thence along
the northeasterly boundary of s- 'd Smets parcel, along the arc
of a non-tangent 100.00 foot radi curve to the left, through a
central angle of 64°.04 '07" an arc distance of 111.82 feet (the
chord of which bears South 33°26' " East, 106.09 feet) to a
point which lies 72.50 feet easterly of, when measured at right
angles to, the west line of said Lo 4; thence South 0°21'44"
East, parallel with the west line of -aid Lot 4, a distance of
32.7.12 feet to the south line of sa'd Lot 4; thence South
89°26'10" West, along the south line of said Lot 4, a distance of
72.50 feet to the point of beginning.
Containing 26,500 square feet or 0.608 acre: , more or less.
•
Bearings of this description are based on Co . ty Survey #22,790
filed in the office of the Washington County - eyor.
,8� 5-z2-�9
Deane W. Blair, P.L.S. 1981
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ENGINEERS,SURVEYORS,PLANNERS,LANDSCAPE ARCIITTECTh
OFFICES IN OREGON,WASHINGTON AND CALIFORNIA
2828 S.W.CORBETTAVENUE
PORTLAND,OREGON 97201.4830
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TIGARD AREA CHAMBER OF COMMERCE
12420 S.W. MAIN ST.,TIGARD,OR 97223
(503)639-1656
May 17, 1989
Mayor Gerry Edwards and
Tigard City Council
City of Tigard
PO Box 23997
Tigard, OR 97223
Dear Mayor Edwards:
On Tuesday, June 20, 1989 the Tigard Chamber has scheduled a
Winetasting at Director' s Furniture. This is a repeat of a
highly successful networking event held by the Chamber at
that location about three years ago.
The event is a fundraiser for the Chamber. Invitations will
be sent to the business community. Access to the event will
be limited to pre-paid reservations. Consumption of alcohol
will be limited to a selection of wines from Ponzi Vineyards
and Oak Knoll Wineries.
The purpose of this letter is to request a waiver of the
$25.00 City of Tigard fee for processing a liquor license.
Thank you for your consideration for this request.
r-Slincer ly,
•
-ton Byrd /
Execut e Director
8115256
• - OREGON LIQUOR CONTROL COMMISSION
APPLICATION AND AUTHORITY TO OPERATE
APPLICATION IS MADE FOR:
Special Retail Beer $10.00 per day Special Dispenser $25.00 per day
X-Special Retail Wine $10.00 per day Special Event Winery $10.00 per day
Special Wine Auction $10.00 per day
MAKE PAYMENT BY CHECK OR MONEY ORDER - ONLY
PLEASE TYPE OR PRINT FIRMLY USING BALL POINT PEN
0
5
1. Applicant
IGA LAP '' � V _0-11tre.°- • _ l _• one (d3cl- IbS�o o
2. (For licensees only)Trade Name j��- , ) �o r �/�y� License type K
3. Person responsible at the event 1 l%� VV i LJ Ni a-54)2 > /PPhho(nee �G — /C7-�v ' (n
4. Mailing address I '1O 5vJ 64 Al v ' ' City ��i ` "-11D-Zip 91 2,
B[ )Si N es_S Ne7-wt�P j ►.E��-- 0
5. Type of event m
i UL�s;�A- uN0 �a ���� A m
6. Date(s)and hours of event(s) ` Lt ) m
7. Event addressD1Y C'tbrS -1 i n 1 twv . 1' ULI.>-A I°City / I(4A-P-1)� Oe- Zip1.
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8. Above location is X. within city limits outside city limits y
C. r,S `�-0r fi�,th1L S-t 'e. -- -13
9. Boundaries of the area to be licensed -D
11 ci:Ct sd2.s2 7 D
10. Expected attendance..t c=2.00 —0
I
11. Method of supervision rPerieotaP 'C'(2- ` ALJ z
47 U r
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12. Understanding that a false or misleading answer could subject this application to denial,I certify m
CD
I-
all info anon submi ed' omplete and • r be of knowledge. _i
/ i. ,`..r: .//I�. I •.1 m
SIG �‘ -�iLi't/i,t �a�lL / Z
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13. Authorization by property ow •r/operator
CD
I ow cont •. . property where this event will be held.I approve of the event,including service 33
0
of alcoholic beverages as requested above. XI
NAME(Please print) (RAyr7&uA 1411 eAA& .Z- /� ate Phone ‘20 ! '2 0
SIGNATURE 4 r? 4 t 1//�&cZo ),eliiZU/1t�w./M .S-40/"Y C
m
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14. Rec mmendation ityPoli�e Departure /County Sheriffs Office
Grant Acknowledge Deny(Attach letter indicati • •rounds for denial.)
f � -r
Law enforcement agency V ) L ' " ' / G
AUTHORIZED SIGNATURE •-� �� Date
54/(99.
15. This authority valid when signed by an OLCC representative
License is Granted Refused
By Title
• Restrictions Date
Fee paid