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City Council Packet - 08/14/1989 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an w Q REGULAR MEETING AGENDA agenda item should sign on the appropriate E-' BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available, AUGUST 14, 1989, 6:30 P.M. ask to be recognized by the Mayor at the TIGARD CIVIC CENTER beginning of that agenda item. Visitor's H U) 13125 SW HALL BLVD. agenda items are asked to be two minutes or E' w TIGARD, OREGON 97223 less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. 6:30 o STUDY SESSION 7:30 1. BUSINESS MEETING: 1.1 Call to Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call to Council and Staff for Non Agenda Items 7:35 2. KEYS TO THE CITY - RE00GNIZING SERVICE ON A BOARD OR COMMITTEE o Mayor 7:45 3. VISI'TOR'S AGENDA (Two Minutes or Less Per Issue, Please) 7:55 4- 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: 4.1 Approve Council Minutes: June 19, 26 and July 10, 1989 4.2 Receive and File: Council Calendar 4.3 Approve nomination ofd Yvonne Burgess to the Washing on County Cooperative Library Advisory Board 4.4 Approve Agreement with MACC far Cablecast Videotaping for Fiscal Year 1988-89 - Resolution No. 89- 4.5 Recess Council Meeting; Convene local Contract Review Board Meeting (La2B): Award Bid for Bonita/Hall Intersection Improvement Contract; Adjourn ICPB, Reconvene Council Meeting • C HEARING - ANSI' TO TIGARD MUNICIPAL CODE 8:05 5- CONTINUATION OF PUBLIC (ZINC), CHAPTER 7.40 (Noise) Amendments to the Noise Ordinance provisions of the TMC. o Public Hearing Continued from July 10, 1989 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: ORDINANCE NO. 89-16 COUNCIL AGENDA - AUGUST 14, 1989 - PAGE 1 . tr 5 6. PUBLIC HEARING - VACATION OF PUBLIC RIGHT-OF-WAY OF A PORFION OF SW 95TH AVENUE IN ASHBROOK FARM SUBDIVISION Consideration of a proposed vacation of a portion of S.W. 95th Avenue within Ashbrook Farm, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on July 10, 1989, at the request of Gene and Vivian Davis. o Public Hearing Opened o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Reoarmnendation by Community Development Staff o Council Questions or Cents o Public Hearing Closed o Consideration by Council 9:05 7. PUBLIC HEARING - CONDITIONAL USE CU 87-03 - MINOR LAND PARTITION MLP 87- 09 (TEXACO) NPO #3 Request for a six-month extension of an approval period for a Conditional Use Permit to allow construction of a vehicle fuel and convenience sales business on property zoned C-G (General Commercial) . Also for a Minor Land Partition to divide this 1.54 acre parcel into two parcels of 38,468 and 28,532 sq. ft. each. LOCATION: 11290 S.W. Bull Mountain Road. (WCIM 2S1 1OAC, Tax Lot 1100) . o Public Hearing Opened o Declarations or Challenges o Summation by Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by C mmbnity Development Staff o Council Questions or Comments o Public Hearing Closed o Consideration by Council 9:35 8. NON ITEMS: From Council and Staff 9:45 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e) , & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 10:00 10. ADJOURNMENT cw/cca814 41 CpUNCII, AGENDA - AUGUST 14, 1989 - PAGE 2 11 AGENIDA UPDATE - COUNCEA MEET.IIdG OF ADGUSP 14, 1989 o STUDY SESSION - Agenda Review - Update on Tigard Marketplace: continued monitoring; bldg. permit far Bl odcb.tar Video to be issued if Code provisi ms are met 1. BUSINESS MEETING: 1.1 Call to Order and Roll Call Dl and Ka Absent 2. KEYS TO THE CITY - RECOGNIZING SERVICE ON A BOARD OR COMMITTEE 3. VISITOR'S AGENDA: - Toby Padgett re: train whistles es in city limits; staff to report to Council on 8/28 4. CONSENT AGENDA: 4.1 Approve Council Minutes: June 19, 26 and July 10, 1989 4.2 Receive and File: Council Calendar 4.3 Approve nomination of Yvonne Burgess to the Washington County Cooperative T•i t•Trary Advisory Board 4.4 Approve Agreement with MACC for Cablecast Videotaping for Fiscal Year 1988-89 - Resolution No. 89--22 (oA 4.5 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): (a) Award Bid for Bonita/Hall Intersection Improvement Contract; (b) Authorize Call for Bids for 121st Avenue Improvements; (c) Authorize Call for Bids for Storm Drainage Improvements in 104th/Hillview Area; Adjourn LCRB, Reconvene Council Meeting 4.6 Authorize City Attorney & Staff to Commence Proceedings to Acquire Property by Advcrcc Pococccion Along Pfaffle Street-Res. No. 89-22 Condemnation Ea/Sc i'!pi - Motion to approve Consent Agenda with amendment to Item 4.6 to d3ange wording ("Adverse Possession" charged to read "Condemnation" 5. CONTINUATION OF PUBLIC FEARING - AMENDMENT TO THE TIGARD MUNICIPAL CODE (TMC) , CHAPTER 7.40 (Noise) Amendments to the Noise Ordinance provisions of the 'IMC. o Public Hearing Continued from July 10, 1989 o Consideration by Council: ORDINANCE NO. 89-16 Sc/Ea UA - Motion to continue Public Hearing to 9/11/89 to allow more time for staff review/recaamiendation an noise standards far aommercial/industrial property which would not impact noise-sensitive areas (i.e., resi tial). Ar IL COUNCIL AGENDA - AUGUST 14, 1989 - PAGE 1 6. PUBLIC HEARING - VACATION OF PUBLIC PIGHTL-OF4ZAY OF A PORTION OF SW 95TH AVENUE IN ASHBROOK FARM SUBDIVISION Consideration of a proposed vacation of a portion of S.W. 95th Avenue within Ashbroolk Farm, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on July 10, 1989, at the request of Gene and Vivian Davis. o Public Hearing Opened o Public Hearing Closed o Consideration by Council Ea/Jo - Motion to deny request far vacation based an the need to retain gall i r- interest arra easement requirements far several agencies. Motion carried 2-1; Sc voted "Nay." 7. PUBLIC HEARING - ODNDITIONAL USE CU 87-03 - NIINOR LAND PARTITION MEP 87- 09 (TEXAO0) NPO #3 Request for a six-month extension of an approval period for a Conditional Use Permit to allow construction of a vehicle fuel and convenience sales business on property zoned C-G (General Commercial). Also for a Minor Land Partition to divide this 1.54 acre parcel into two parcels of 38,468 and 28,532 sq. ft. each. LOCATION: 11290 S.W. Bull Mountain Road. (WCIM 2S1 10AC, Tax Lot 1100) . o Public Hearing Opened o Public Hearing Closed o Consideration by Council g1-G y Ea/Sc DA - Motion to adopt Resolution &7-24 granting 6-month extension. 8. NON-AGENDA ITEMS: None 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:56 p.m. under the provisions of ORS 192.660 (1) (d) , (e) , & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 10. ADJC JRNME T: 9:15 p.m. cw/cca814 it COUNCIL AGENDA - AUGUST 14, 1989 - PAGE 2 a ) TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 14, 1989 - 6:30 P.M. 1 . ROLL CALL: Councilors Present: Carolyn Eadon, Valerie Johnson, and John Schwartz. City Staff Present: Pat Reilly, City Administrator; Tim Ramis, Legal Counsel ; Keith Liden, Senior Planner; Ed Murphy, Community Development Director; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION: a. Council and staff reviewed Consent Item No. 6 (Authorize City Attorney and Staff to commence proceedings to acquire property by condemnation along Pfaffle Street). City Engineer reported that several property owners who had previously indicated willingness to sell their property had changed their minds and now did not want to sell . However, he expected that all the property owners would settle without condemnation. b. Council reviewed Agenda Item No. 5 (Amendment to the Noise Ordinance). Senior Planner Liden, having reviewed comments received pertaining to the proposed amendments to the noise ordinance, has made further revisions to the wording of the ordinance. He proposed adding "octave band" noise measurement, and he described how this measurement zeros in on each octave. He �. noted that there are different standards for each octave, and these standards are set forth in a table. He advised that Terry Obteshka of DEQ suggests that an "octave band" form of measurement would be a better method for measuring specific frequencies. This form of measure would be used as a supplement to the "A" scale measurement. He noted that primary emphasis should be protection of the structure, but that the noise standards proposed would be more restrictive; and for residential areas the amendments would offer increased protection to entire yard areas. Senior Planner Liden recommended that noise readings be taken 5 feet above the floor level , and that the readings be taken at different floor levels. He has added this provision to this draft of the ordinance. Council discussed the possibility of adverse impact on new development due to the more restrictive noise limits. It was noted that the code has to be defensible and effective. Legal Counsel Tim Ramis advised that the code would be defensible, noting that developers will provide ordinance information to their architects, who then are responsible to design in conformance with the code. It was noted that having the ordinance in place will prevent new development problems in the future. (. Page 1 - COUNCIL MINUTES - August 14, 1989 Pat Reilly recommended that the ordinance be amended to include the memo from Keith Liden. Community Development Director noted that the noise ordinance amendments would not be retroactive. There was discussion about nonconforming situations. Senior C Planner stated that DEQ has had the "octave band" measurement on the books, and there was a possibility that conformance could be required through DEQ regulations. c. Council discussed Agenda Item No. 6 (Vacation of public right-of-way of a portion of SW 95th Avenue in Ashbrook Farm Subdivision). Community Development Director recommended denying the vacation stating that there is no certainty that the right-of-way will not be needed in the future. He advised that a number of different utility companies currently use the right-of-way; and future traffic improvements in the area are not clear at this time. d. Community Development Director addressed the complaints against Tigard Market Place. He summarized the problems with noise, lighting, landscaping and odors. He outlined the steps that had already been taken: o Signs have been posted to limit truck traffic behind the building. o Lights on poles have been screened, and the lights on the back of the building have been painted to cut down on glare. o Landscaping improvements have been completed or are in the process. o Odor problems from Mongolian Grill are barely detectable and difficult to measure. Since there should be no more idling trucks, the odor problems from this source should be solved. o The Tigard Market Place has screened the appropriate areas to help with visual nuisance. Signage has been cleaned up. Community Development Director advised that he would like to have DEQ test noise levels, and he would like to have the P.A. system eliminated. Council discussed the extent to which neighbors had been satisfied with modifications at Tigard Market Place. Councilor Schwartz noted that staff time spent on this issue amounted to more hours than for any other issue. There was consensus of council members that issuing a building permit to Blockbusters would depend on their meeting code requirements. It was noted that Council would have to approve noise ordinance first. There was agreement that no action would be taken at this time. (Business Meeting commenced at 7:30 ) C Page 2 - COUNCIL MINUTES - August 14, 1989 _ 3. KEYS TO THE CITY a. The following citizens were recognized for their service on a board or committee: Robert Pierce - Economic Development Committee Jane Miller - Library Board Chris Bednarek - Neighborhood Planning Organization #3 Richard Bowen - Neighborhood Planning Organization #5 Howard Cornutt - Neighborhood Planning Organization #5 Harry Saporta - Neighborhood Planning Organization #5 Teresa McKenzie - Neighborhood Planning Organization #6 Doug Pettit - Neighborhood Planning Organization #7 Sue Siebold - Neighborhood Planning Organization #8 4. VISITOR'S AGENDA: a. Toby Padgett requested Council consider establishing whistle-free railroad crossings within Tigard city limits. She stated that she had met w'th representatives from City of Tigard, Oregon Public Utility Commission, Burlington Northern Railroad, and Southern Pacific Railroad. She noted that her research found that railroads do not have to adhere to city, county or state ordinances. They are under the jurisdiction of Interstate Commerce Commission and the Oregon Public Utility Commission. They will , however, honor an ordinance belonging to the Oregon PUC. Oregon PUC has granted whistle-free crossing status in Salem and is expected to do the same for Eugene by the end of this month. ( Ms. Padgett is asking that Council petition the Oregon PUC to establish whistle-free crossings within the city limits of Tigard, if said crossings are properly gated and lighted. After a brief discussion, Council agreed that more information was needed from staff and PUC, since this is a new issue. City Manager advised that staff would prepare a report to present to Council at August 28 meeting. Councilor Johnson requested that staff inform Ms. Padgett of the date the report will be made to Council . 5. CONSENT AGENDA: 5.1 Approve Council Minutes: June 19, 26 and July 10, 1989 5.2 Receive and File: Council Calendar 5.3 Approve nomination of Yvonne Burgess to the Washington County Cooperative Library Advisory Board 5.4 Approve Agreement with MACC for Cablecast Videotaping for Fiscal Year 1988-89 - Resolution No. 89-62 5.5 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): (a) Award Bid for Bonita/Hall Intersection Improvement Contract; (b) Authorize Call for Bids for 121st Avenue Improvements; (c) Authorize Call for Bids for Storm Drainage Improvements in 104th/Hillview Area; Adjourn LCRB, Reconvene Council Meeting 5.6 Authorize City Attorney and Staff to Commence Poceedings to Acquire Property by Adverse Possession Along Pfaffle Street - Res. #89-63 Page 3 - COUNCIL MINUTES - August 14, 1989 • Motion by Councilor Eadon, seconded by Councilor Schwartz to (__ approve the Consent Agenda. Council President Johnson noted that there was a technical change on Item # 5.6 to change the wording from "Adverse Possession" to "condemnation." It was verified that Councilors all had the correct wording in their copy of the Resolution. The motion was approved by a unanimous vote of Council present. 6. CONTINUATION OF PUBLIC HEARING - AMENDMENT TO THE TIGARD MUNICIPAL CODE (TMC), CHAPTER 7.40 (Noise) Amendments to the noise ordinance provisions of the TMC. a. Public hearing was continued from the July 10, 1989 City Council meeting. b. Staff update: Senior Planner Liden explained some proposed amendments to be added to the current ordinance. Included in the proposal are some revised and new definitions. He proposed also that the code adopt DEQ standards for measuring noise. The code differentiates between residential , commercial and industrial uses. The standard for residences is 5 decibels more restric than for commercial and industrial uses. Senior Planner advised that there is a new code section defining nonconforming situations (legally existing situations not meeting ( new code). He described revisions to the permit process noting that the City Administrator would be authorized to grant permits for events which would exceed the noise limits prescribed by code. He reported that the penalty section had also been revised basically combining the two sections currently in the code. c. Report from Terry Obteshka, Manager of the Noise Section for DEQ. Mr. Obteshka stated that he had reviewed the noise ordinance and found it to be sufficiently protective. He recommended that the section describing construction noise on weekends might also include holidays. He discussed the DEQ testing provided which could help reduce on-street vehicle noise. It was Mr. Obteshka's opinion that the limits to be placed on commercial/industrial noise receiving sources might be too restrictive and may create some problems. He noted that DEQ does not have standards regulating industry to industry situations. In addition, suggested exempting sources involving interstate commerce which are federally pre-empted. He also recommended making a distinction between vehicular noise on public streets as opposed to private land (such as recreational vehicle noise). d. Council discussed with Mr. Obteshka the areas regulated by DEQ, which basically involve residential situations. Pace 4 - COUNCIL MINUTES - August 14, 1989 e. Public Testimony: o Debra Abromowitz, 10825 SW Murdock, # A5, Tigard. Ms. Abromowitz addressed the issue of construction noise in the Exemptions to Restrictions Section of the ordinance (Section C). She advised that the consensus in her neighborhood was that the times should be changed to read: between the hours of 6:00 p.m and 10:00 a.m. on weekdays and holidays. o Judy Fessler, 11180 SW Fonner, Tigard. Ms. Fessler referred to the Tualatin ordinance, noting that the commercial/ industrial property is important to tax base and school funding. She commented that the planning of appropriate "buffer" zones between residential and commercial is important. She suggested that "buffer" alternatives include mini-storage property and apartments. o Senior Planner Liden explained the proposed ordinance is written so that noise level is measured 25 feet from the noise receiving land use (defined as the structure). This means 25 feet from the occupiable portions of the building. This concentrates most of the protection to the residence itself, while affording secondary protection on the yard f. Recommendation by Community Development Director: He recommends that the ordinance be adopted by the Council with some amendments (received by Council in Study Session). He clarified the question of weekend and holiday noise from construction equipment. Holidays were not included to eliminate the confusion of what constitutes a holiday. He noted that there are not many ordinances in other communities to model after. He expressed thanks to Terry Obteshka of DEQ; two noise consultants, Mr. Daily and Mr. Sirocco; and the neighbors around Tigard Market Place who participated in the process. g. Council Comments: Councilor Eadon commented on the Section 7.40.190 which deals with exemptions. Because legal holidays can vary from company to company, she stated she would prefer that that issue be decided at a later date if it becomes warranted. She is in favor of leaving the weekend construction hours as proposed by staff. Councilor Schwartz agreed with Councilor Eadon concerning the holidays and weekend constructions hours. He requested clarification of reasoning behind the lowering of noise standards in non-residential areas. Senior Planner explained that staff was responding to Council 's concern that decibels should be lowered. The standards for commercial/industrial had been at 60 decibels during the day and 55 decibels during the evening. He stated that he had understood consensus to be in favor of lowering the standards. City does not currently have any heavy industry. Page 5 - COUNCIL MINUTES - August 14, 1989 Councilor Schwartz expressed concern about turning away potential industrial development because of standards that are too strict. Councilor Eadon confirmed Senior Planner's perception that the ( primary intention of the ordinance amendment is to promote a high degree of livability in residential areas. She stated that she supports revisiting the incidents of commercial/industrial when it doesn't impact residential property. She requested clarification of DEQ's standards for industrial impacting industrial . Terry Obsteshka stated that DEQ does not have a standard for industrial impacting industrial , only protecting noise sensitive areas. He advised that he would be willing to obtain literature from other cities who have these standards. Council President Johnson requested Senior Planner's input regarding further rewriting of the ordinance. Senior Planner recommended taking the ordinance back and rewriting it to address the standards for industrial impacting industrial . Council President Johnson added that she would support changing the weekend construction times to 9:00 a.m. , and she asked the Council for comments. Councilors Eadon and Schwartz both supported leaving the time as is now written (8:00 a.m. Saturday, 9:00 a.m. Sunday). Senior Planner noted that the original ordinance allowed 7:00 a.m. start up time on construction. Council was in agreement to have Staff work further on the standards for industrial/commercial and industrial/industrial zones which have no residential abutment. Motion by Councilor Schwartz, seconded by Councilor Eadon, to continue this hearing to September 11. The motion was approved by unanimous vote of Council present. 7. PUBLIC HEARING - VACATION OF PUBLIC RIGHT-OF-WAY OF A PORTION OF SW 95TH AVENUE IN ASHBROOK FARM SUBDIVISION Consideration of a proposed vacation of a portion of S.W. 95th Avenue within Ashbrook Farm, a recorded plat in th eCity of Tigard, Washington County, Oregon. The request was initiated by the City Council on July 10, 1989, at the request of Gene and Vivian Davis. a. Public hearing was opened. b. There were no declarations or challenges. c. Community Development Director summarized this agenda item. Planning Commission recommends denial of request. Staff is also recommending denial of the request for three reasons: o A substantial number of utilities in the subject right-of-way which the staff was not aware of when first started to study the matter. These include USA sewer line, water district water line, Tigard sewer line, phone and cable lines. This r; Page 6 - COUNCIL MINUTES - August 14, 1989 means there would have to be an easement, or the utilities ( would have to be moved. If there is an easement, there is less appeal for development potential . o It is uncertain whether this right-of-way will be needed for future street system in the diamond area off Hwy. 217, until there's a full traffic study completed. He described several possibilities for future traffic study and explained the potential funding by different interested entities. o There does not seem to be a compelling reason to vacate it. d. Public Testimony: o Gene Davis, 10875 S.W. 89th, Tigard, Oregon. He provided the Councilors with copies his exhibits showing the subject area. He stated that he was not notified of meeting of Planning Commission to study the issue. He described a compelling need which is based on an offer he has received from Mariott Corporation to build a hotel on the site. o He stated that the State of Oregon charged him for the street because they declared that the street would never be used. He further stated that this property was not part of the congestion on Greenburg Road and adjacent streets. He commented that the utilities could all remain if this property was developed. E. o John Blomgren, 9460 SW Oak Street, Tigard, Oregon. He expressed concern about the drainage in the flood plain. He believes the fill which Dr. Davis has had brought in is going to cause flooding to Oak Street. He also feels that the subject property might be needed for future street. e. Councilor Johnson summarized a memo from Senior Planner Liden referencing the Planning Commission recommendation of the 95th Avenue street vacation. In the memo Senior Planner states that the Planning commission did review this application and recommended that the right-of-way be retained. f. Community Development Staff recommended against the proposed vacation for the reasons cited above. He advised that an ordinance had been prepared in the event the Council decided to approve the vacation. He also commented that the Vacation Ordinance does not currently require notice be given applicants before Planning Commission meeting. He recommended changing that ordinance. He clarified that no action by Planning Commission would be final and binding during that meeting. g. Public hearing was closed. Page 7 - COUNCIL MINUTES - August 14, 1989 11 h. Consideration by Council : Councilor Schwartz stated that he did not have serious concerns about the utilities and easements. He expressed his incli:wtion to grant the vacation, as long as it is buildable land and not in the flood plain, and if there would be some criteria to insure the easements for those utilities, or if they could be moved. Councilor Eadon expressed her inclination to deny the vacation request based on the testimony and the requests received from the utilities. She stated that she felt it was in the public interest to retain stewardship of the property, citing the cost that could be involved should any of the utility districts have to relocate or obtain other easements. She further opposed the vacation because no compelling reason had been given. Council President Johnson commented that the transportation system is critical , and the subject area is a very sensitive area of the City for transportation. In addition she cites possible future need of a frontage road near 217. She stated that responses from the utilities were unanimous in requesting the retention of their easements on the subject site. The utilities responding were: US West Communications, PGE, Columbia Cable, Metzger Water District, Unified Sewage Agency, and Tigard City. Motion by Councilor Eadon, seconded by Councilor Johnson, to deny vacation of right-of-way on 95th Avenue. The motion was approved by two to one vote of Council present. Councilor Schwartz voted "Nay." 8. PUBLIC HEARING - CONDITIONAL USE CU 87-03 - MINOR LAND PARTITION MLP 87-09 (TEXACO) NPO #3 Request for a six-month extension of an approval period for a Conditional Use Permit to allow construction of a vehicle fuel and convenience sales business on property zoned C-G (General Commercial). Also for a Minor Land Partition to divide this 1 .54 acre parcel into two parcels of 38, 468 and 28,523 sq. ft. each. LOCATION: 11290 SW Bull Mountain Road. (WCTM 2S1 10AC, Tax Lot 1100). a. Public hearing was opened. b. There were no declarations or challenges. c. Summation by Senior Planner: In August 22, 1988, Council approved a Conditional Use and Minor Land Partition approval to allow a combination service station, convenience store, and car wash at the corner of S.W. Bull Mt. Rd. and Pacific Hwy. The approval had a 1 year period, and the code governing conditional use permits provides for a six-month extension which may be granted as long as criteria in Section 18.130.030 of the code has been satisfied. Those criteria include: o showing that no changes have been made to the original conditional use plan; Page 8 - COUNCIL MINUTES - August 14, 1989 6 o the applicant show intent of initiating construction on the site within a six-months period; and o there have been no changes in the applicable facts and ordinances that were in effect at the time approval was granted and at present. f' Senior Planner advised that the criteria have been met; and therefore, the Staff is recommending that the six-month extension be granted. City Engineer updated information on project for Canterberry Lane and 99W improvements, which is a State and County project. Bids were opened earlier in August, but were too high and have been rejected by the State. The bidding process will reopen in the fall , when the bidding climate is expected to be more favorable. City Engineer stated that he expected the project to be completed in the summer of 1990. d. Public testimony: Proponents o Mark Greenfield, 101 S.W. Main St. , Suite 2000, Portland, 97204; representing Texaco. He confirmed that, according to Bob Hurd of the State Highway Division, bids were rejected because they were too high. The contract will be relet either the end of August or September; and, assuming that a satisfactory bid is received, the work could begin within three or four weeks. The original contract completion date had been February 28, and now the completion date is likely to be the end of April or end of May. He stated that traffic safety issues have caused postponement of the development until the ODOT improvement project is completed. He requested that Council consider a further extension, should this six-month extension give insufficient time for completion of the project. o Senior Planner interpreted the code to mean one extension only, not to exceed six months. Opponents - there were none. Council President Johnson noted for the records that Council was in receipt of a letter from Sandra and Thomas E. Mintner opposing Texaco's use of the land, and the proposed land partition for the 1 following reasons: (1 ) there are already enough convenience stores in the area, and (2) traffic flow will be less safe. e. Community Development Director recommended granting six-month extension. He advised that it was not necessary at this time to consider whether or not an additional extension could be granted, should Texaco need longer to complete the project. Page 9 - COUNCIL MINUTES - August 14, 1989 { f. Public Hearing was closed: g. RESOLUTION NO. 89-64. IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF A REQUEST FOR AN APPROVAL PERIOD ! EXTENSION OF RESOLUTION NO. 88-81 FOR A CONDITIONAL USE AND MINOR LAND PARTITION PROPOSED BY TEXACO (CU 87-03/MLP 87-09). Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve Resolution 89-64. The motion was approved by a unanimous vote of Council present. 9. EXECUTIVE SESSION: The Tigard City Council went into executive session at 8:45 p.m. under the provisions of ORS 192.660 (1 ) (d), (e), and (h) to discuss pending labor relations, real property transactions, and current and pending litigation issues. 10. ADJOURNMENT: 8:55 p.m. Approved by the Tigard City Council on S2piern b2r 1/ , 1989. (__C1- 1 -e GU Deputy City R corder - ity rd f" E1 en P. F x - ecording Secretary ATT T: "ayor - " .y • igar• CW/ef if C Page 10 - COUNCIL MINUTES - August 14, 1989 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684.0360 Notice 7-6315 BEAVERTON,OREGON 97075 4i> Legal Notice Advertising '9(/6-) C ° 4. 40 • City of Tigard • 0 Tearsheet Notice -b J P. 0. Box 23397 qj°• (9,9 • Tigard, OR 97223 • 0 Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )55. IDortha Marty 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 defig@d in QRS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Notice of Public Right-of-Way Vacation Hearing a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for F i vesuccessive and consecutive in the following issues: July 13, 20, 27 August 3 and 10, 1989 I �9 . 1ll�f August 1 8 Subscribed and sworn t. .afore me this 9 9 9 IF jr Notary Public for Oregon My Commission pires: 6/9/93 AFFIDAVIT r'�.�:c°.-'11°V E`O 4 an'WiRY'{TA A a s N HEfIIiING :- �+YA aR, ON• • �� ,, .2i, ,.t' f t :�t'< ' SUBDIVISION 'rd Ci "'� will hold a pu' xh ng o Monifay,'August 14, �,. �' � the Tigard Civic"Centeri.'o i �, � oom, 13125•SW .r t +Oregon to,constd"r the o s cation.of a ;116.1 �. -9 tK nue within Ashbrook Farm,,a �`ad plat in.the . Iga a • K, �r County,Oregon She request. "'_;lnitiated by the i b 'uh r�,Li 1989 at the request of C,ene and VLA Davis Any ' "pe'�' .appear and-be:heard-for or against a proposed s ort#of sal ' .tib1tk right�of-vay. Any► written objections or remora .st riii eS shall be P r l'the; r by�A,ugust 14, 1989,by 17 30 c° a.x+�F'3,` i� 1 TIMES PUBLISHING COMPANY Legal 7-6329 P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 (1 Legal Notice Advertising ike" • • 0 Tearsheet Notice ��14 City of Tigard �� • P. O. Box 23397 '`;.�t Tigard, OR 97223 • ❑ Duplicate Affidavit �e'f ;•. • • i AFFIDAVIT OF PUBLICATION -- STATE OF OREGON, COUNTY OF WASHINGTON, )S5. I, Dortha Marty being first duly sworn, depose and say that I am.the Advertising Director, or his principal clerk, of the i gar Times 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 Public Hearing CU 87-03 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive in the following issues: August 3, 1989 ( egMJ-7/7..2..) (712,0_,Lry- , . Subscribed and sworn f e before4th 1989 me this of August, • 4, I ry Notary Public for Oregon My Commissio -xpires: 6/9/93 AFFIDAVIT PUBLIC HEARING t r-1. v+ • ;t', s The�following Ci 0 r a � will be considered by;the T*1161 t, Coutic 1 oke , .l4 1989,at'-7:30 M �t.Tig.gard Civic Center,Town Halt Room 113 25 SWY Hall Boulevard,rTigaid,Oregon'2rF i mays r m t e Community Development�Director or City�R 'e r ,7irr bn or:by�calhngg 639-4171 You are invited to submit written - timony in advance of:the public hearing;written and°°oral testimony'..4g',.,,,'..:' 'Abe considered at the hearing.?`fhe public hearing will':be conducted.i `1 cardance'Rnth`the applicable Chapter.,1132 of the Tigard 1Vi"utuoi a'.`;" k and any rules of procedure adopted by}the Council and available at,� ` .. Iran-��t� t. Y Y lM - 3 h , j.�1�7Aa1 ....„:,,,,..,,,,,,?..,. .,,r + �' 3�*r�, � �, f`�' X.,e � t 3 t +,`C ti.w:�1. 4 OND11 ONAU USE CU,87-03 itINOR,LAND `PAR IO r ',ROBERT WYA'IT(TEXACO)NPO#3 Request for �n F ( ; . o an;._ a of fora'ondrtaoriai Ua.. .,,-,-:,.:,=;--,,,,4.-.mrt o all -x ` '•w /a��-,.,:ve�,�hie�lla fuel ann'd'cOIStnience.sa fi ' ` iy x l ' N' zti.rekt.ml COmmer('71a1�; for dh r' e1- C ,y e: •drvrde tliisd acre: into trvo parcels of 38, '' k,fY t, .. ' •4. OC O .:,=• 1 ;290C�SW nil Mm.iR i e ;44 ,r a , ,Y 4 ''�,`, t .,, 4Y ',31. 1,"`r'ra^ w v}�3'.. �4€j4iY'"''—. to>-4'b:!i''i .. • s �, �n� ' {ll S 1% +i. •;' 7.4-.=, rrk.3+�.;..F.... f - FEY Ygt-•.' �' 11 AGENDA tTEM # 2 - VISITOR'S AGENDA DATE 8/14/89 (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 --Please_ ri n-�- Nese/7rain Whi517� �a•-1''x 3 .' 'pati � e� 'Po e a g , Pi j DATE 8/14/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. - CONTINUATION • OF PUBLIC HEARING - AMENDMENT TO THE`TIGARD MUNICIPAL CODE (TMC) CHAPTER 7.40 (NOISE) *************************************x***************************************** Proponent (For Issue) Opponent (Against Issue) *************************************t***************************************** Name, Address and Affiliation Name, Address and Affiliation Please ;rrf- / C 41A5 /(9 t_ 1fMd eks4 C DATE AUGUST 14/ 1989 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 VACATION OF PUBLIC RIGHT-OF-WAY OF A PORTION .OF SW 95TH AVENUE IN ASHBROOK FARM SUBDIVISION ******************************************************************************* { Proponent (For Issue) Opponent (Against Issue) ******************************************************************************* Name, Address and Affiliation Name, Address and Affiliation Please 4i ti yy« S��dA4' is 1Og?S 5c0 c j o N .5-13La n4 6n. h/ -7,6.4/90 C DATE AUGUST 14, 1989 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. 7 - PUBLIC HEARING CONDITIONAL USE CU 87-03 - MINOR LAND PARTITION MLP 87-09 (TEXACO) NPO #3 ************************************* ***************************************** Proponent (For Issue) Opponent (Against Issue) ************************************* ***************************************** Name, Address and Affiliation Name, Address and Affiliation R/ease • (.. c;( CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: '14, 1989 DATE SUBMITTED: June 30, 1989 .� �- --~- PREVIOUS ACTION: ISSUE/AGENDA TITLE: ' � Keys to the City PREPARED BY: Donna Corbet DEPT HEAD OK Lk-e-) CITY ADMIN � _ REQUESTED BY: City Council ---- � PO ICY ISSUE Keys to the City are presented to citizens who have served on a board or committee in recognition of their service to the City of Tigard. INFORMATION SUMMARY The following citizens are being recognized for their service on a board or committee: Robert Pierce 3/87-6/89 Economic Development Committee Jane Miller 9/83-0/89 Library Board Chris Bednarek 10/85-6/89 NPO #3 Richard Bowen 5/87-2/89 NPO #5 Howard Cornutt 4/83-3/89 NPO #5 Harry Saporta 4/84-12/88 NPO #5 Teresa McKenzie 5/87-2/89 NPO #6 Doug Pettit 11/87-4/89 NPO #7 Sue Siebold 10/87-6/89 NPO #8 ALTERNATIVES CONSIDERED | N/A i FISCAL IMPACT N/A SUGGESTED ACTION Presentation of "Keys" by Mayor 6c/0121D � �� - . M'"""":11t-----Ihlf-'—:V± ii ,-•- • --11fr--------41--------111f . '=""------11f:"___ -r- -...„--. :-,---- —,---_fr— 4- -,---,--. - , ;..- -.7- --- 47 ;--'.--7, ' .4.7" .' '' . -4V4T-.71#: ..4'.7 "r•-lil 1717i. ‘1.16,1>-'41‘37% `17!".i>-..111.4' ;s7-ti:k 'i •`17'.40 -117 9.- •tet.,- ‘, , ..:>-..1-779, ,-"1. , ,," , VVIP=1."-61, '..-.1P'.0-1•4 ‘'•-drisiii 411/2444%' *Er' 9'1' '-.V.'.gr Ivh6kt . n'er iik 'erei4:ti e ,6.; vretirit; 'er 't.k:Ir 4N t....r 04,1t• t.L7 4,4N ,iit -•,_1_, Vld .`, . F. • . ..„ 4 ,.... . • ..i (41 v - • Alliiilek \ . , .., • IN . :-.4 / es e ' ....,, ,..OM Mt Op•••e. r.rvl 37.:1 ix )1 , /-e -J ..4 V • \ i 4 .4 11111111111111111111011 mr 40 am OF mi.MO. 1)* .M7 • .1 .4 C. . ,,,,i ..b.... .... - ......... ri:AC:11,1ii I! . V, fcbs 70 11 eh .REGO •. ... ._...... __. OM,Mr 4 ...; . • , fz, 4 THE KEY TO THE CITY )eks OF TIGARD OREGON 1 ' rrvi , 174-id THE HONORABLE ) • 14 tit= ... la' , * -> as the holder of t is key sha I be extended all courtesies, i. ' V 4 ko privileges v . and services provided by the city. 1 4 1- i( LC: Ait .4 FOR DEDICATED SERVICE TO THE r I • Presented by V ,elt, ))..0 ECONOMIC DEVELOPMENT COMMITTEE Mayor, City of Tigard 3/87 - 6/89 , • -:.-- g i-.. *-----,..-- . '4A 4LiAIr --\ ,'4.11.-..low4,'--‘• '9-.......-..c--&.r-s.,.,-\ o9''....ff'.'''G'—'4e"s irA-PN.‘''>0Io-'".3..a. .i.,9. 01Ai...a.....<_lm...m..I..i._.r. .i.4,y...•,•<1•••lir•.•i•r•...-.... 3..4.,_.1.„1...-.-. • t4 ' 1 ) L....••••-w.,...Dj— i 1 V- -V- V- V- • V- -V- _ -V- -V..,..---- m. ik —....---.--, , —..„. .-...-.- ___........--• ••• . .... ,,,,. ,,, .... ..........in., ..... ..,.._.. ...„.--t ...a...,.1.1 • IPrZ' \.1!'..,,j40;',54M kliriemlA, \NIF:40:-.?;741‘14, ,\141:04111.5;; \‘17 ", \77t3.4'.:4ITY, :'r,..-C,- 4.%,i .." 0,,?44.7511 li,t,0% *ir ''..i. , *490• 6ki ' tif Ay' 4.i tir6:44i .•s l'Ola 1•', V- - o.fil, . 0 ..'4 /, / l . • .Q - • ---'- I( , . • ,q1 ' ,"0 (I'Vz - —OD...••. C' Oil -so ._____ .., 1'4 1 • ,,, . 0 esfigiiiiIIIII0iii,A, 115 ' ) "TT" \ . ' • < < - ----4 Jt ek;• CP 0 Of, ihr 141 ' V 0 .ei.A ill • - .........- •REGO _.,..--- - -...... -1 „... •- ---- g • 1 * :4 . v)lkij IN v. -4 THE KEY TO THE CITY OF TIGARD OREGON ,..., ---,„ . . 1, 4.. , ... .k. v4,40 THE HONORABLE riA ..„ ow !‘ c3 f I VAVrit ,I , . - --- < as the holder of t is key all be extended all courtesies, eArl ).,50 privileges and services provided by the city. ..... ca., -IA , • -•'- ag FOR DEDICATED SERVICE TO . ,.' Presented by 111111•0•1 VA I fir. NEIGHBORHOOD PLANNING ORG. #3 Mayor, City of Tigard 10/85 — 6/89 . e_ < -..• • Id Z • - *--—S( ":-...j ' fP,,, ---..1' ..'-..;,. 44114... V •41/14.-- , , ),, ,f1".r ! 4110-0---3 9rWe A---40"•3 i, 441td"'3 • 1‘1P9,., le- ,410di.,:l.4117';'4]. - , - .,4,r-..- ,,„-, '4,'lottit--, '4'? sti-fe--% ' '''w.N., #(61.7.N.-,--401c-iiz‘ "V•••!......fek ,fiksere,-.-= 4wi....,16:4; \ ,-_*.• ili, _. '") ., V,---------V------Iht -V= -V -V -V -V- V )1' _____ • '4,>"- , `.1„..?PAL-v.,, \\•••!tip.%,4, ‘, 10.1 " --, \ \i'• *Vr N'• *Ir 'Us• '.*Ireiti\• '.*Iff lt1\• -.ere%\• 'tillcir %'. -trf 'V of V\ *Ir V .4 't 4'ittm %_ "'''' "eh hit* OVit's "" hiS het% "AN /NAN colvN Attt,..,i• --"'N 011! e rAtii )•bie) -,1 -4, ,1/4„, • ; -- - * --,:l ft 0 ez pi;kilil J ilikk , 13 1111111 )1* —_::::.-7--- - . 1 k li. L * r4 1,,., . 0•0 0 If/ •REGOI-r ...._ ... (4kli 41 :k ' A LC * 1 . ‘,.$• THE KEY TO THE CITY otv .11, .. -.., :1 ,•,,,,, ., . OF TIGARD OREGON ps- 1 1 kerva' rclri , ..... ... no* •%1-• THE HONORABLE obak ......... V - * -'---1 as the holder of tis key shall e eextended all courtesies, 4JA co. q 4 dservicesprovided by the city. 1 privileges an z 1. . .., 4.1,{ FOR DEDICATED SERVICE TO Presented by _ i•I • r NEIGHBORHOOD PLANNING ORG. #5 ,'Ik^ 5/87 - 2/89 Mayor, City of Tigard 4 ..• < .0 ,2) 41 • i r 1.-- .',---*r:. ; , 414:1:1- 9."A. 413— 91"kr 443 4t"`1 43 ''',i''''f 4,3 9'1'4 -;1.... N44,, Ai, 9r:kfsr', Nroii, 11:4,.. '',&16•CWrie A` C'.42vieCw -frii_AN ''',.oree Os '0 Veer ‘‘‘ Ver. 'sk '4., IrCilin '\' ''",a iw- dre ‘‘' "&l•- ,e0 N\` '4,4sstre ,‘ .'A,..._-Vri-,..1‘‘ Ivj ti...... ._... .. ,.... ...._____...... ....__ ... ... ._, AP. ii.-.4. diP :a-a_ar. ....a.--a.- 41P. r. mr- ....... ........- ki Ar il _ * a I.' ife") r—,' ..4-,-4.----._,A(-.- ""•'-' *---4- .. ---;-----... .-4,, :-;-7.,._r‘ ...---,-------,.. ..-.-,7-- --.... ...-r,v--rr... ...---,7,---... —,-..--441....- '', "111.-..---7t---1 4:- ,,,v--!?... .,:i.s„, :e-1, 4 0,,, ,,\-•!..e.,4,-.61, ..--?..?..4-,,„ ,N,--?..tp.4%,,, „\--m?...t--6,,, ,.\--tP,„,•4-6„, ,,.--ftv,--N, \--..v.p....17,,, \--.0 .4esif,,, ,v,..-./Ja ..-,:i i.&4vs,„ *7 1.1„,•:. ,. VT #*4.,ti (.,Vr #4* tyro* Vr #iiiN wr #4,iN twr itti tFr #ivtlisi vr 0 4,‘iN . 41% 4,4-0,.N- , IP:Ova V - fI0,4, kso& 1 vir-.0 . . i•,14, ...N, <, g )., . , - 4 . 0,,,:& 1 v4s . 1: . ... , / 4. ,..... 19:A. 70 14141111111iiii 4 . ---- .... i .i• 4 - , . e' g • IA ' -'---i • _ -., ti.,c, V.j t le) ., 1 000.0.0 ..........- .REGO — ........ -- .-...._. ._. • (14$ 1.4 A . . --- 4 - 1 4 THE KEY TO THE CITY 41.; lyb- .1.--p ,ii, OF TIGARD OREGON - 1 . „ 0, iat4k:d THE HONORABLE 4 arr Aaporfciew _. • •••• " A as ,4 C• the holder of this key ; 11 be/extended all courtesies, v.rcA r k, -iPid MI ),* privileges and services provided bythe city. .i, .._..,_ g FOR DEDICATED SERVICE TO 17 ' NEIGHBORHOOD PLANNING ORG. #5 Presented by _ ii•1 r 4/84 - 12/884 Mayor, City of Tigard -' e; I.< 1-td .., ..... , • . 3., . " WY 4A0 W1/40 ••"/ 1, ‘41,0 --4, r0 /1'1 At...1- . ., , 4it....1- . P9 J&P*,-4- * •Jb, 44IP"--1 * , ifit,,,, i„,4 . L t,:e 40.1;Vdre-A‘ '44-fi'xcire--A- `,9--e-vra--\' 11,-,lo• ee.-‘s . ' 'fe.,•NAre"---\\ ''Asveital‘‘ ''wo._%.:4r0:-. Wo..,-f.-.0-..-:::` 11-AL*2.2!%-:.: i'itaii -ipt...--lot.—.A. II • .z7 ->7-7 . r, r:/ + r�0' a ►-- "4, .7 rS. ,s‘'''.!...... .--...4"4.,,, . 177 ..\11.-'''!,T.,—.4i"1,,, re.-5 e*, . j� r�� _ ,N0--.71,, INrY �xii. „_- f t. ,_ fid,, . ' 1 . r IP' : 0 ( 1Vri "/4111 ;4-:- I( ��a • j 1/OP In/111111M,MEM 0, 0 , 10. RGo • • �;�� )4:0 THE KEY TO T49 HE CITY ,� :'-11 ;'"---, X 'ki 1 K Ili; )5.1;) THE HONORABLEZrEACE/ Z qk t * ' as the holder of this keyshal be a tended all courtesies, , )-.P privileges and services provided by the city. K p g FOR DEDICATED SERVICE TO fi + ` Presented by i•' )��`` Neighborhood Planning Org. # 6 '`� ;4� Mayor, City of Tigard ;� J 5/87-2/89 � - . ' ' �,. , 3 w# 3 �w ja3 s‘,6`0 Ail .kn,# `l r� 413„ 4,3 /, rj, , \y�/4 .. `y1.,4 ,�1 �� , .� `t ;J 9, �� I.,�. �` i6,i-� \� /'.:1 \v �,,o'. \� 7 ..,A rt .\, �� *l , 1 gf� :*.t=dro! 9i-w +t :.1 eta �!..I�, w`-•� ��t� -.A,—...;-:1�'' t �_ a. jc-ir,i 1I 111 wx. V- - lor.--Nr- . • , sk`dr,..41, 41.1,,,,,, CIPAtioviM1 • O% *gri 4- I ,. . Gs.„,,..k.. 4.4 , , - A . , _aft=••• ••m virAO . ; -4•:, I: 1 1L 0 AliA1.ii111i111r1i 70„;. ....,.._____ <•. 4 j • 1 0000 —' •••• ,z lem.............= • ,s• i.1 t C I 6 R EGO 5 11 vj — --- ._. . . e: < ' 1 • -:,4 (44 , E CITY 1 THE KEY TO TH -41•:, ,\I ) , .• , 16 ,sk OF TIGARD OREGON •L,;t . , oli , ...-. . s, 1•4 epk. V450 THE HONORABLE 1 1 • 461, faiiimi ‘.., ic ---- . ,> as the holder of th key _ . 1(be extended all courtesies, 4.11 ..„ POOP )#) privileges and services provided by the city. .4111 FOR DEDICATED SERVICE TO Presented by i•.: i .•1, NEIGHBORHOOD PLANNING ORG. #7 ,MayorCity of Tigard .d .,, 11/87 - 4/89 • 4. 1 • -, . *--st --- , --, „,,Pf6 • .: ; 1 *k° /3 VI Agil, ' a3 sk:It.k,/ ji-3 Ntr,,, joil, *1,0, 401 `4"1.'"f dia... "ttv, Ia.. ,,, .-..0.-- . ,aLl Lto 444._........./11,0"---0,- '6tL-rrcrre-A 9-......, • 64........... - .......-• bt.,.._.....c.,..\\ ./4r' ''-i.... ....I' dre ."‘ '''ar....!—......40.....-."\\ . ,..I\ )'f...._10........orta.--)Ci4 -A,---A-- -Pk -A' ,........„, v *___,....A. ( 1 K.—j x' V - PT'''. m _ ••p �. ' ‘‘. ..!.../..--- //4 \ I 6 ! .11.17.1,4>74.117;1,. �-- 6 7 - 4 / l'6 Or 1 -'• ' *-!If h' `fr� k *IP 0,4: ��' 1 tirr / r♦ *fir Chi er As to IM f'l- •., IP,viva ao V 4-i ah —.--- liA ir aki ® III iu ID1 _.._____ il*J 4111° � olk iii �iil. /1104IL fr .... i;'''''' . 10, r:: THE KEY TO THE CITY `4' , ic .;--......... .. _ OF TI ARD OREGON �, „, ,� . .:...,,c „ t, v 'k' THE HONORABLE 10 , •;,` K * '-- as the holder of this key shall be extended all courtesies, o � �' ' ' services provided bythe city. % �� privileges and y � ,, K )t . FOR DEDICATED SERVICE TO Presented by "1.,i �I4 NEIGHBORHOOD PLANNING ORG. # 8 ,'" Mayor, City of Tigard �. 10/87 - 6/89eh ' K V , i'I �,; .,\r � 1, :•. I V►�I 1 `u- 0 # 411, ,P `1 '4,f."# `3 I 1`�' ' �A� 11�' "P'0„ �, ! L irk v ' �� .. , �� r 4, •I' ,' 6%.3 \AP- ,' !t- \ ,S !t--\ �1� zS N� �, ., 4i Jr �� /i \ 6�. �` ''1j. !t ti :. �i �!I \' '�a •. �I \ .3• !t � �\ 1� !t'. 2qa MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council nd By FI 4 : Patrick J. Reilly, City Administrate _For Your Information DATE: August 1, 1989 _Sign and Return SUBJECT: COUNCIL CALENDAR, Aug. - Dec. 1989 Official Council meetings are marked with an asterisk (*) . If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. August '89 5, Sat City Employee Picnic 10, Thurs Six Cities' Meeting - Sherwood (7:00) *14, Mon Council Business Agenda (6:30/7:30) 16, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) 19, Sat Girl Scout Cleanup of Fanno Creek �- *21, Mon Council Business Agenda (6:30/7:30) *28, Mon Council Business Agenda (6:30/7:30) September '89 4, Mon Labor Day (City Hall Closed) *11, Mon Council Business Agenda (6:30/7:30) 19, Tues Election *18, Mon Council Study Agenda (6:30) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) 24-28, Sat-'.thurs ICMA Conference *25, Mon Council Business Agenda (6:30/7:30) October '89 *9, Mon Council Business Agenda (6:30/7:30) *16, Mon Council Study Agenda (6:30) 18, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *23, Mon Council Business Agenda (6:30/7:30) 31, Tues Halloween Council Calendar - Page 1 C November '89 7, Tues Election *13, Mon Council Business Agenda (6:30/7:30) 15, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *20, Mon Council Study Agenda (6:30) 23-24, Thurs-Fri Thanksgiving Holiday (City Hall Closed) *27, Mon Council Business Agenda (6:30/7:30) December '89 ? Annual Tree Lighting Event *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Business Agenda (6:30/7:30) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) 25, Mon Christmas Holiday (City Hall Closed) cw/cccal Council Calendar - Page 2 Y W C I �a W Q W Cc E U 2 0 0 >-o rH V¢t.E. 0E W O O 0H-40..H OV 2 UC }7C;>- i T1 W n .Ni 71-1 0 ctC LL N C ON L U E C L 0 0 0 O0cl- a C .10 >- N C 0 0 U d H C E U H C00.0 rY LO U 11 ctel 0 WV i N 1 000 11 .--+a A W .-+ .-) W .-1(4.--1-4 CO = rtSCCL • �d 7 3 ZS 0 0a ¢a 3EE= co _Jf I H0 ¢SI " O O 0 a E i £ I - iii 1- 0 - i ces Ct i 0 00 OO N Cl 00 •-4 0000 H T t�S NO t�2 Co l—:—UU£ 0 I i I t-"'t I t I '".tl i I _ C r H 0 H to ....... .... Cl) =LYoai—I =CC--4H =CG acs =CG =CC ..--, 00 H 2 0U al 0=J 1 z 00 z . 00 00 �c.ai-F- 0) Q 1- E ~aoa �rI a £�I E� c3 c3 = W Cco00 ac30[Y0a 0-La 0 0-co ac3 HH = N 0(00 N O¢CSIO .O N Co .Q Co N 0 N_ `-^�= N i 21--••a ON 121-0 •-0 •-+ I S ••cotl N I s I HH C7 3 i""+- Ni--1"--r-,M Ni- cNO NHI I-•-;t1— N;-I Ni- E 00`'L£ �� 0 Q m m a >- Hh-I 2 CO �� 1 1 _i i 0 v i 00 ,1)l) 1H-W AFI C mm W = H a i a O£-- -- CO mCNN .rn ,.-1 co 02 0E 0C 0+ - .. ll 0U- 7--11NO NOI N C RS O 0 •�•-t O 0 -1 d3 L 0 - 02 0 0c Ha HCG HO H C[ rd.-s 20 20I 00 00I 00 00I a:E›,art r =H == aH 2= 2H 2= C7•.-I 0. 001 01- =t, =H Ocn =i- cr C U-., O 0 tr 0 O(/) 0 0 0) 0 c:-L•r-s 0 01.1.1 c3 OW Oc3 OW 0c3 RS03•C £ £`�' £=I zu) £sI a ECO £=1 01�E= Q.>- a i- >- a i- a i- C E 00 0 00 0 00 0 C3 I as I i "1 71 .•i cO V N CaN '0 COI— tl cm0 en N '-0(l) N m = •RS rd CNdv+ Wd0CL E3R37 0 L~3H O 0.0 7+7, Leoc. ses..w.N c1)W W 11 L(, 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 14, 1989 DATE SUBMITTED: August 1, 1989 ISSUE/AGENDA TITLE: Washington County PREVIOUS ACTION: Nomination of Cooperative Advisory Board (mu) Walt Munhall - November 14, 1988 Nomination PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ALMIN OK REQUESTED BY: Irene Ertell POLICY ISSUE INFORMATION SUMMARY Walt Munhall has resigned from the Washington County Cooperative Library Advisory Board. In accordance with established procedures, the Tigard T,ihrary Board nominated Yvonne Burgess, at their July 12, 1989 meeting, to complete the term on the Board which was vacated by Mr. Munhall. ALTERNATIVES CONSIDERED 1. Appoint Yvonne Burgess as representative from the Tigard Public Library. ( FISCAL IMPACT None. SUGGESTED ACTION Place Yvonne Burgess's name in nomination with the Board of Commissioners for appointment to the Washington County Cooperative Library Advisory Board. cw/clabappt CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 14, 1989 DATE SUBMITTED: August 1, 1989 ISSUE/AGENDA TITLE: Approve Agreement PREVIOUS ACTION: with MCC for Cablecast Videotap' • y•r Fiscal Year 1988-89 ,, PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN 0 d/// REQUESTED BY: Pat Reilly PO CY ISSUE INFORMATION SUMMARY Attached is a letter dated July 11, 1989, from Mitch Tlustos, Government/Education Programming Coordinator, a service of the Metropolitan Area Communications Commission. Mr. Tlustos is requesting formalization of video production services with the City of Tigard. ALTERNATIVES CONSIDERED 1. Approve the attached resolution authorizing the Mayor to sign the proposed agreement for government access production services. 2. Direct that the agreement be modified. 3. Reject the agreement. FISCAL IMPACT $200 for each meeting covered up to 1-1/2 hours in duration; $64 for each additional hour, billed in quarter-hour increments. SUGGESTED ACTION Adopt the attached resolution. cw/rescable C Tualatin Valley Community Access . . . Where Television Begins with You! /J Jul 11, 1989 �� (1,r4 - uo Patrick Reilly City Administrator ��u,,/CY (t't Serving Your City of Tigard Community: P.O. Box 23397 Tigard, Oregon 97223 0. / 4" G Banks Beaverton Dear Mr. Reilly: 4t,, /"-4/ �'�t2---‘feL Cornelius Durham Forest Grove Attached is an agreement for iscal year 1989-90 that Hillsboro we would like to propose in order to formalize our King City video production services with the City of Tigard. The Lake Oswego agreement is an updated version of one that was used North Plains several years ago before MACC reorganized its govern- Rivergrove ment coverage under the new Tualatin Valley Community Sherwood Access program. We believe it would be desirable to Tigard return to using the agreement as a way to define and Tualatin document our ongoing relationship with the city. Washington County Wilsonville The Agreement for Government Access Production Services details the present arrangements and costs for coverage of city council meetings. You will note that there is no increase in cost for this new fiscal year. The agreement also specifies the city's role and estab- lishes a thirty-day advance notice for discontinuation of service. This agreement will serve as a good yearly reminder of what can be expected from both sides in our coverage of Tigard City Council meetings. We hope its provisions are acceptable to the city and encourage you to call if you have any questions regarding its contents. Sincerely, Mitch Tlustos Government/Education Programming Coordinator Enclosure cc: Paula Manley, Community Television Manager Cathy Wheatley, City Recorder Councilor Carolyn Eadon, MACC Commissioner ` A Service of the Metropolitan Area Communications Commission Twin Oaks Technology Center 1815 NW 169th Place, Suite 6020 Beaverton, Oregon 97006-4886 (503) 629-8534 y. 5 CITY OF TIGARD, OREGON 4r7 COUNCIL AGENDA ITEM SUMMARY (LOCAL CONTRACT REVIEW BOARD) AGENDA OF: 8-14-89 DATE SUBMITTED: ISSUE/AGENDA TITLE: Bid Award for PREVIOUS ACTION: Bonita Rd./Hall Blvd. Intersectio Improvements //i PREPARED BY: Randall R. Woolev Oar--- DEPT HEAD O: j11►. CITY ADMIN OK r9/11 REQUESTED BY: 4011 POLICY ISSUE Award of construction contract for Bonita/Hall Intersection Improvement contract. INFORMATION SUMMARY This project is the first phase of the Bonita Road bond project. It will straighten out Bonita Road near the intersection and move Bonita Road away from the steep slope that has caused maintenance problems in the past. It will also add turn lanes on Hall Boulevard to improve safety and traffic capacity. Bids will be opened on August 10 and results will be available prior to the August 14 Council meeting. ALTERNATIVES CONSIDERED 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL IMPACT This project is funded under the Major Streets Traffic Safety Improvement Bond. SUGGESTED ACTION Staff recommendation and bid results will be presented prior to the August 14 meeting. dj/B-H-BID.RW 41,:fca MEMORANDUM or. TO: Randy Wooley August 14, 1989 i1 FROM: Gary Alf=on RE: Bonita Road Bid Opening On Thursday, August 10, 1989, four bids were opened for the Bonita Road Project. This is a Major Street Bond project and is phase I of a proposed two phase project to improve Bonita Road from Hall Boulevard to 76th Avenue. This phase is entitled Bonita Road/Hall Boulevard Intersection Improvements and includes widening Hall Boulevard to provide a left turn lane in Hall Boulevard and improving Bonita Road to full major collector standards from Hall Boulevard past 83rd Avenue. The bids received are as follows: Fabricators, Inc., Salem, OR. $ 191,242.50 Benge Const. Co., Lake Oswego, OR. 248,271.05 White Construction Co., Lake Oswego, OR. 249,258.00 Oregon Asphalt Paving Co. , Portland, OR. 268,386.00 .. Engineers estimate (Century West Engineering) 233,309.70 I recommend awarding the bid to the low bidder, Fabricators Incorporated. The necessary right-of-way and slope easement have been obtained. dj/BONITABO.GA Cu' Gam'` G�tZ4t /1°7 ,541' 6 �c CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD AGENDA OF: August 14, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION: to request bids for current CIP an- Street Bond Projects // PREPARED BY: Randall R. Woolev /1040 DEPT HEAD OK CITY ADMIN 0 iff/ REQUESTED BY: P.LICY ISSUE Shall the City Engineer be authorized to advertise for bids for SW 121st Avenue Project and for the 104th/Hillview Drainage Project? INFORMATION SUMMARY In April the Local Contract Review Board withheld authority to advertise for bids on the 121st Avenue Street Bond Project due to concerns raised by adjoining property owners. Subsequent meetings with property owners have resolved the issues raised in April and right-of-way negotiations are nearing completion. Authority to advertise for bids is again requested. The 104th/Hillview Storm Drainage Project has been constructed in phases in previous years. Funding is available in the current budget for completion of this project and construction plans are nearly complete. Authorization is requested to bid for the final phase of this project. ALTERNATIVES CONSIDERED 1. Authorize the City Engineer to advertise for bids as soon as legal access rights are acquired. 2. Withhold approval to advertise. FISCAL IMPACT The 121st Avenue Project is funded under the Street Bond. The 104th/Hillview Project is shown in the 1989-90 adopted budget for Wastewater Capital Improvement Program (page 170). SUGGESTED ACTION That the LCRB, by motion, authorize the City Engineer to advertise for bids on the 121st Avenue Project and the 104th/Hillview Storm Drainage Project as soon as necessary legal access is acquired. dj/SS-AUTH.RW CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY August 14, 1989 AGENDA OF: August 14, 1989 DATE SUBMITTED: g ISSUE/AGENDA TITLE: Resolution of PREVIOUS ACTION: Authorization of Public Neces*it - Pfaffle StreetImprovements to Pfaffle Street 1111111111111111111,01iPREPARED BY: DEPT HEAD OKAAO CITY ADMIN O /,//// REQUESTED BY: Community Development AMAX ASIAN POLICY ISSUE Should the Council authorize the City Attorney and staff to acquire the necessary right-of-way for improvements to Pfaffle Street? INFORMATION SUMMARY • City Council previously authorized funding for this project for Pfaffle Street widening; the design requires acquisition of right-of-way. In the event that legal action may be required to acquire this right-of-way, a formal resolution is necessary. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution declaring apublic necessity to acquire certain property for right-of-way purposes. 2. Delay adoption of the resolution. 3. Do not adopt the resolution. FISCAL IMPACT Acquistion cost which will be funded from the Street Capital Improvmeent • Project budget. SUGGESTED ACTION Staff recommends Council pass the attached resolution authorizing the staff and City Attorney to acquire necessary right-of-way. •. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 8/14/89 DATE SUBMITTED: 8/3/89 ISSUE/AGENDA TITLE: Noise Ordinance PREVIOUS ACTION: None revision Title 7 of the TMC PREPARED BY: Keith Liden KlJ DEPT HEAD ITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City amend the noise ordinance to afford greater noise protection for the community with emphasis on protection of residential uses? INFORMATION SUMMARY The consideration of this revision was postponed to allow additional citizen { input and to allow staff time to review these comments. The attached memo describes the revisions that have been made to the ordinance. The staff has reviewed the oral and written comments received at the July 10, 1989 hearing. Several of these suggestions have been incorporated into this draft of the ordinance. Attached is a memo explaining the proposed amendments, a letter ( from DEQ including the noise reading results from Tigard Marketplace, the draft ordinance, and the present noise ordinance. Copies of this packet have been sent to the individuals who testified on July 10th. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance 2. Modify and approve the attached ordinance FISCAL IMPACT Enforcement of noise standards that are in some cases more stringent than DEQ standards will require the City to be responsible for measurement of noise and enforcement. Time will be necessary to train the Code Enforcement Officer and $1,000 to $2,000 shall be required to purchase noise measuring equipment to enforce the proposed ordinance. SUGGESTED ACTION Approve the ordinance . . MEMORANDUM TO: Ed Murphy, Community Developmen ept. Director FROM: Keith Liden, Senior Planner RE: Noise Ordinance Revisions DATE: August 3, 1989 The latest version of the noise ordinance revisions are attached. I have made several changes from the version last reviewed by City Council on July 10, 1989, with the most notable additions relating to vehicular noise (Section 7.40.140), "octave band" noise measurement under certain circumstances (Section 7.40.170), and nonconforming situations (Section 7.40.200) . I have reviewed all of the oral and written comments which have been presented to the staff and Council and have included additional revisions as a result. I have listed comments relating to each of the Code sections below. Section 7.40.130 Noise - Definitions The present Code definition of "ambient noise" has been modified, "noise- sensitive property" has been deleted, and definitions for noise-receiving, noise sensitive and commercial-industrial land uses have been added. The time period used for determining ambient noise level has been reduced from the previous draft to 15 minutes. Section 7.40.140 Motor vehicle noises The information and advice I have received from DEQ and elsewhere indicates that many vehicles, especially trucks, will not be able to meet the present Code standard. I don't believe that we have ever enforced this standard. State motor vehicle noise regulations (Oregon Vehicle Code 815.025) only restrict "unreasonable noise" generated while operating a vehicle. Some ordinances I have reviewed restrict idling vehicles on private property for a specified length of time with no reference to decibel level. I have amended this section to prohibit idling vehicles under certain circumstances. Section 7.40.150 Jake brakes prohibited This remains unchanged from the present ordinance. Section 7.40.160 Noise emanating from certain property This section has been revised to be consistent with the revision of Section 7.40.140. Section 7.40.170 Allowable noise limits and Section 7.40.180 Standard for measurement It has been suggested that the City measure lower frequencies on the "B" and "C" scales; however, I can find no evidence of these frequencies being regulated by any other jurisdictions. Terry Obteshka of DEQ suggests that an "octave band" form of measurement would be a better method for measuring specific frequencies that are predominant, such as the low frequency hum which is objectionable to some residents near Tigard Marketplace. This measuring technique is intended to be used as a supplement to the "A" scale measurement. Section 7.40.170 has been amended from the present Code provisions which only regulate maximum noise levels on an "A" scale to a combination of requirements including the "octave band" form of measurement if deemed appropriate by the City Administrator. DEQ has indicated that it is prepared to train City personnel to take both "A" scale and "octave band" measurements. It has also been suggested that noise measurements be taken at the property line rather than the 25 foot distance from the noise-receiving land use or structure. Several ordinances which I reviewed use the property line. I selected the 25 foot standard because it is used in the existing Code and by DEQ, and the primary emphasis should be placed on structures not yard areas. It is also important to note that since the noise standards are proposed to be more restrictive and as a result, entire yard areas will be more effectively protected than the present ordinance. A related recommendation was received to take noise readings 5 feet above all floor levels of the noise-sensitive land use, such as the first and second story of a residence. This provision has been added to this draft of the ordinance. In deciding which distance and height standard to use, it is important to be able to take noise readings in the field at the prescribed location. Using the suggested standard of 25 feet at 5 feet above the floor level, the staff will be able to reach this point outside the building with a microphone and pole extension. Section 7.40.190 Noise - Exemptions to restrictions I have changed Subsection (b) to apply to all streets not just Pacific Hwy., 217 and I-5. We have received complaints regarding the noise from construction projects during early morning hours and weekends. A later start-up time of 8:00 AM on Saturday and 9:00 AM on Sunday is recommended. Section 7.40.200 Nonconforming situations This is a new section to address nonconforming situations. It appears that we have three basic options: 1. Allow all nonconforming situations to remain. 2. Allow only nonconforming, permanently installed equipment to remain and immediately enforce other pre-existing situations such as noise 417 violations created by vehicles, hours of operation, etc.. 3. Apply the new Code requirements to all pre-existing and new noise sources. Option 1. will definitely be the easiest to administer and will create few problems for nonconforming noise sources. Since complaints pertaining to an increase in noise level will typically be received after a nonconforming noise source has been modified or replaced and prior noise readings may not be available, Option 2. may present some difficulties in determining whether an increase in noise level actually occurred. Option 3. will create an undetermined number of enforcement actions and/or the need for an amortization program similar to the sign program. I have written this section to implement the second option. Tigard Marketplace I have attached a recent letter from DEQ that includes noise readings for Tigard Marketplace shopping center. It is important to note that after replacing and relocating the condensers for Food Connection, this development does not appear to meet the proposed standards and will therefore be a nonconforming situation in the proposed ordinance. Retroactive enforcement to reduce noise levels, as discussed in Option 3. above, will be difficult in this case and for similar developments. Section 7.40.210 Permits required for exceeding allowable noise levels This section allows the City Administrator to issue permits for events that will exceed the standards noted in the ordinance. Section 7.40.220 Penalty for chapter violations • This section is a combination of two penalty sections which are presently contained in the Code. C CITY OF TIGARD, OREGON ORDINANCE NO. 89-110 AN ORDINANCE AMENDING THE DEFINITIONS, PROHIBITIONS, AND REMEDIES REGARDING ALLOWABLE NOISE LEVELS IN THE CITY OF TIGARD AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the City's noise ordinance to better allow effective enforcement and control of offensive noise. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Sections 7.40.130 through 7.40.220 are repealed and replaced as follows: ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE 7.40.130 Noise - Definitions. For purposes of this Section and Sections 7.40.130 through 7.40.220, the following shall mean: (a) Ambient noise - means the all-encompassing noise associated with a given environment, usually being a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a minimum period of fifteen (15) minutes at a specific location without inclusion of noise from isolated identifiable sources. (b) Noise-receiving land use - means any portion of a structure which is intended for human occupancy that is the recipient of sounds that are generated from beyond the boundary of the property upon which the structure is located. This definition applies to noise-sensitive and commercial-industrial land uses defined below. (c) Noise-sensitive land use - means any portion of a church, children day care, hospital, residential group care, school, single or multi-family dwelling unit, and mobile home that is intended for living, sleeping, or eating. This definition excludes accessory areas or structures such as yard areas, patios, and garages. (d) Commercial-industrial land use - means any use which is a permitted or conditional use in the C-P, C-G, CBD, C-N, I-P, I-L, and I-H zoning districts, as identified in Title 18. 7.40.140 Motor vehicle noises. (a) Motor vehicles shall operate in a manner which complies with applicable state motor vehicle noise regulations. (b) The idling of engines and auxiliary equipment on motor vehicles on private property, which exceed the noise standards specified in Sections 7.40.170 and 7.40.180, shall not be permitted for a period greater than five (5) minutes. I 7.40.150 Jake brakes prohibited. No person shall operate within the city limits of the city of„Tigard a eotr vehicle f this recti n,lng the exceptions system oset known as a "fake brake . For th purposes forth in Section 7.40.190 shall not apply and this section shall be read as an absolute r•rohibition of the operation of such motor vehicle breaking systems within the city of Tigard. 7.40.160 Noise emanating from certain property. Except as may be expressly allowed pursuant to the provisions of Sections 7. 0.140,oiseto .emanate from.190, 200, and 7.40.210, no person shall cause or permit property under his or her control so as to cause the ambient noise level at the nearest noise-receiving land use to exceed the levels specified in Sections 7.40.170 and 7.40.180. t. i i. 7 w e .igw noise levels at limits.the The noise noise-receiving landt use as apply as measured in whennmeasuring `.- accordance with Section 7.40.180 below: (a) Maximum noise levels. The following maximum noise decibel levels shall not be exceeded over 1% of the time (L1 dBA) statistically averaged over any . one hour period: Time of Day Maximum Noise Level, L1 dBA j' t` f 7:00 AM - 10:00 PM 60 55 10:00 PM - 7:00 AM 1 (b) Average maximum noise levels. The following average noise decibel levels shall not be exceeded over 50% (L50 dBA) of the time statistically averaged over any one hour period: Time of Day Maximum Noise Level, L50 dBA 7:00 AM - 10:00 PM 50 - Noise-sensitive land use 55 - Commercial/Industrial land use • 10:00 PM - 7:00 AM 45 - Noise-sensitive land use 50 - Commercial/Industrial land use 55 - Commercial/Industrial land use if not occupied during this time period the (c) When the City Administrator has reasonable causentot adequately believe that prthe requirements of subsections 7.40.170 (a) and (b) do noise-receiving land uses, the City Administrator may require compliance with the "Octave Bands and Discrete Tones" regulations contained in "Chapter 340, Oregon Administrative Rules, Division 35, Noise Control Regulations for Industry and Commerce". 7.40.180 Standard for measurement. (a) Measurements shall be made with a calibrated sound level meter meeting the requirements of a Type I or Type II meter, as specified by the American National Standard Specification thisor Sound ordinance,Levelasoundrs levelI meterStandards shall 1.4-1971) . For pure contain at least a recording calibration curve for an "A" weighing network, and both fast and slow meter response capability. (b) Persons conducting sound level measurements shall have received training in the techniques of sound measurement and the operation of sound measuring instruments from the Department of Environmental Quality, a registered acoustical engineer, or other competent body prior to engaging in any enforcement activity. (c) Noise measurements shall be taken at a height of 5 feet above the floor elevation(s) of the noise-receiving land use and a distance of 25 feet from the noise-receiving land use in the direction of the noise source. If the noise source and noise-receiving land use are less than 25 feet apart, the measurement shall be taken at the property line. 7.40.190 Noise - Exemptions to restrictions. The restrictions imposed by Sections 7.40.130 through 7.40.180 shall not apply to the following: (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from all public streets; (c) Sounds originating on construction sites and reasonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried out between the hours of 9:00 PM and 7:00 AM Monday through Friday, 9:00 PM and 8:00 AM on Saturday, and 9:00 PM and 9:00 AM on Sunday except for bona fide emergencies where the public health or safety is threatened or for which a special permit, granted by the City Administrator, has been first obtained in accordance with the procedures contained in Section 7.40.210; and (d) Lawn, garden or household equipment associated with the normal repair, upkeep, or maintenance of property. 7.40.200 Nonconforming situations. Where at the time of adoption of this title, a lawful level of noise is generated which would not be permitted by the regulations imposed by this title, the noise level may be continued as long as it remains otherwise lawful, provided: (a) The nonconforming noise level complies with applicable State Department of Environmental Quality standards; (b) The nonconforming noise level is not increased after the effective date of adoption or amendment of this title; (c) The source of the nonconforming noise level is permanently installed equipment, including but not limited to air conditioning units, trash compactors, compressors, heat pumps, and exhaust fans; (d) The nonconforming noise source shall not be moved in whole or in part to any portion of the lot other than that occupied by such noise source at the effective date of adoption or amendment of this title; (e) If the nonconforming noise source is substantially repaired or replaced, 11 any subsequent noise generated from this noise source shall be controlled (r- to conform with the regulations specified by this title; (f) If the use associated with the nonconforming noise source is discontinued or abandoned for any reason for a period of more than six months, any subsequent noise generated from the site shall conform to the regulations specified by this title; 7.40.210 Permits required for exceeding allowable noise levels. (a) The use of amplified '.'.ice and music or creation of noise at levels which would otherwise exceed those permissible under Section 7.40.130 through 7.40.190 may be allowed upon application to the City Administrator. Application for an amplified sound permit shall be made to the City Administrator on forms prepared by the City. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. (b) In the case of a series of similar events to be conducted at the same location, the City Administrator may, at his discretion, issue the permit in a form extending to cover the entire series. (c) The City Administrator shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. The permit shall be subject to immediate revocation by the Administrator if any conditions of the permit are violated. (d) The City Administrator may submit any question arising with respect to this Section to the City Council, and if any member of the City Council requests its submission to the Council, any such question shall be heard by the Council. In either event, the decision of the City Council shall be final. 7.40.220 Penalty for chapter violations. (a) A violation of this Chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures established in the civil infractions ordinance, set out in Chapter 1.16 of this Code. Notice to abate the nuisance shall be a prior contract. (b) Each violation of a separate provision of this Chapter shall constitute a separate infraction, and each day that a violation of this Chapter is committed or permitted to continue shall constitute a separate infraction. (c) A finding of a violation of this Chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. (d) If a provision of this Chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this Chapter. Section 2: This ordinance shall be effective on and after the 30th day after its enactment. PASSED: By vote of all Council members present after being read by number and title only, this day of August, 1989. Cathy Wheatley, Deputy City Recorder APPROVED: This day of August, 1989. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date 4 by 7.40. 110-7.40. 140 • o any one automobile, truck, bus, trailer or piece of ve- �:` h ular equipment; (c) Used or dismantled household appliances, furniture, other .iscards or junk, for more than five days. (Ord. 86-20 §4 (Exhi• 't C(5) (4) ) , 1986) . 7.40.1 I Attractive nuisances. (a) No owner or re- sponsible par. shall permit on the property: (1) Un' arded machinery, equipment or other devices which are attract. e, dangerous, and accessible to children; (2) Lumber logs, building material or piling placed or stored in a manner o as to be attractive, dangerous, and accessible to children; (3) An open pit, quarry, cistern, or other excava- tion without safeguards or . .rriers to prevent such places from being used by children; (4) An exposed foundat .n or portion of foundation, . any residue, debris or other buil 'ng or structural remains, . . for more than thirty days after the .estruction, demolition or removal of any building or portion .f the building. (b) This section shall not apply . authorized con- struction projects with reasonable safegu. ds to prevent injury or death to playing children. (Ord. :6-20 §4 (Exhibit C(5) (5) ) , 1986) . ' 7.40.120 Scattering rubbish. No person sit- l deposit . upon public or private property any kind of rubbis`-• trash, debris, refuse, or any substance that would mar. the •ear- , ance, create a stench or fire hazard, detract from the lean- liness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a publi • way. (Ord. 86-20 §4 (Exhibit C(5) (6) ) , 1986) . XARTICLE IV. NUISANCES AFFECTING THE PUBLIC • PEACE 7.40.130 Noise--Definitions. For purposes of this section and Sections 7.40.130 through 7.40.200, the following • mean: (a) "Ambient noise" means the all-encompassing noise • associated with a given environment, being usually a com- posite of sounds from many sources, near and far. (b) "Noise-sensitive property" means real property on which people normally sleep and, in addition, schools, churches, hospitals and public libraries. (Ord. 86-20 §4 (Exhibit C(6) (1) (a) ) , 1986) . 7 .40. 140 Motor vehicle noises. No person shall operate ' a motor vehicle in such a manner or at such a location as to cause the noise created by the vehicle to cause the ambient noise level at the nearest noise-sensitive property to ex- ceed the levels specified in Section 7. 40. 160, as measured 11- 87-1 (Tigard 8/15/86) FL '• ~ilii{l" ''��t} - . +i'l'h'n1�''ss • 7.40. 150-7. 40. 180 at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 -§4 (Exhibit ) . C (6) (1) (b) ) , 1986) . 7. 40. 150 Noise emanating from certain property. Except as may be expressly allowed pursuant to the provisions of Section 7.40. 220, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in Section 7.40. 160, as measured at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 §4 (Exhibit C (6) (1) (c) ) , 1986) . 7.40. 160 Allowable noise limits. Allowable noise limits are as follows: Time Maximum Noise Level, DBA 7:00 a.m. -- 10:00 p.m. 60 10:00 p.m. -- 7:00 a.m. 55 (Ord. 86-20 §4 (Exhibit C (6) (1) (d) ) , 1986) . 7.40.170 Noise--Exemptions to restrictions. The re- strictions imposed by Sections 7.40. 140 through 7.40.160 of this chapter shall not apply to the following: (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-5; (c) Sounds originating on construction sites and rea- sonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried on between the hours of nine p.m. and seven a.m. , except for bona fide emergencies where the public health or safety is threatened or which a special permit, granted by the city council, has been first obtained. Any such special permit may be granted by the city council only after first having held a hearing and having otherwise followed the administra- tive procedures contained in Chapter 18 .32 of this code; (d) Emergency repair equipment not operated on a regu- lar or scheduled basis; (e) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. (Ord. 86-20 §4 (Exhibit C (6) (1) (e) ) , 1986) . 7 .40.180 Jake brakes prohibited. No person shall operate within the city limits of the city of Tigard a motor vehicle exhaust-braking system commonly known as a "jake brake. " For the purposes of this section, the exceptions set forth in Section 7 .40. 170 shall not apply, and this 4 87-2 (Tigard 1/15/87) 7.40. 190--7 .40.210 x section shall be read as an absolute prohibition of the operation of such motor vehicle braking systems within 9t .the ) '• city of Tigard. (Ord. 86-20 §4 (Exhibit C(6) (1) (f) ) , 7.40. 190 Sound-amplifying equipment restrictions. No person shall cause or permit noise to emanate from sound- amplifying equipment under their control so as to cause the ambient noise level to exceed sixty DBA at any distance one hundred feet or more from the sources between the hours of seven a.m. and ten p.m. , and fifty-five DBA one hundred feet from the source between the hours of1ten )p.m. and seven a.m. (Ord. 86-20 §4 (Exhibit C(6) (1) (g) ) , 7.40.200 Violation--Penalty. Failure to abate the nuisance within the time allowed for abatement shall consti- tute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1. 16 of this code, Civil Infractions. (b) Each violation of a separate provision of Sections 7.40.130 through 7 .40.200 shall constitute a separate in- fraction, and each day that a violation of such sections is committed or permitted to continue shall constitute a sep- arate violation. (c) A finding of a violation of Sections 7.40.130 through 7.40.200 and imposition of a civil penalty shall not relieve the responsible party of the duty to abate the vio- lation, except where the city has acted to abate the nuisance. In such a situation, the responsible party shall be liable for the costs pursuant to Section 1.16.340 of the civil in- fractions ordinance codified in Chapter 1.16 of this code. (d) If a provision of Sections 7.40.130 through 7.40- .200 is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. (Ord. 86-20 §4 (Exhibit C(6) (1) (h) ) , 1986) . ARTICLE V. EVENTS USING AMPLIFIED SOUND 7.40 .210 Permits required for certain events. (a) The use of amplified voice and music at levels which would otherwise exceed those permissible under Sections 7.40. 130 • .through 7 .40.200 may be allowed upon application to the city administrator. Application for an amplified sound permit shall be made to the city administrator on forms prepared by the city. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. (b) In the case of a series of similar events (for example, a season' s high school football games) , to be con- ducted at the same location, the city administrator may, in his discretion, issue the permit in a form extending to cover 87-3 (Tigard 8/15/86) �,,fF•�tJi -Y • 7.40 .220 the entire series. In that• event, the permit shall be sub- x- ject to the administrator' s withdrawal at any time. (c) The city administrator shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the sur- rounding properties and the benefit to the community of the event for which the application is made. (d) The city administrator may submit any question arising with respect to this section to the city council, and if any member of the city council requests its submission to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. (e) No permit authorized by this section shall give the applicant the right to cause or permit sound to emanate from the property on which the event is held so as to cause the ambient noise level at the nearest noise-sensitive property to exceed fifty-five DBA after the hour of eleven p.m. (Ord. 86-20 §4(Exhibit C(4) (7) ) , 1986) . ARTICLE VI. VIOLATION--PENALTY 7.40.220 Penalty for chapter violations. (a) A vio- lation of this chapter shall constitute a Class 1 civil infraction,: which shall be processed according to the proce- dures established in the civil infractions ordinance, set out at Chapter 1.16 of this "code. Notice to abate the nui- sance shall be a prior contract. (b) Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. (c) A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the vio- lation. The penalties imposed by -this section are in addi- tion to and not in lieu of any remedies available to the city. (d) " If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. 86-20 §4 (Exhibit C(8) ) ; 1986) . . 87-4 (Tigard 8/15/86) • ).; a‘ .� Department of Environmental Quality I:,"� GOVERNOR "E" T 811 SW SIXTH AVENUE,PORTLAND,OREGON 97204-1390 PHONE(503)229-5696 July 18, 1989 Mr. Brad Roast, Building Official City of Tigard Y.O. Box 23397 Tigard, OR 97223 Re: Food Connection, 13500 SW Pacific Hwy. , Tigard NP-Washington County Dear Brad: This letter is to inform you of the results of DEQ's recent measurements of sound pressure levels from the Food Connection store at the Tigard Shopping Center. These data have now been tabulated and analyzed. A copy of the data is enclosed. ( Noise measurements were conducted starting Thursday, June 8, at 10 am PDT ,. until Monday, June 12, 1989, at 9 am. Measurements were performed with an automated, community noise analyzer which was installed, calibrated and operated according to Departmental procedures. This test had been delayed until we could expect warm weather and arrange for the noise survey. The weather during this period ranged from cloudy and cool to sunny and warm. The instrument was placed on the deck in the backyard at the Jim Hart residence at 10255 S.W. Hillview Street. Mr. Hart was asked to record in a log any notable noise events that might occur during the sampling period such as contaminating noises (i.e. lawn mowers etc.) or periods when the refrigeration units or other equipment at the Food Connection store were loud. On June 12, 1989, the instrument was retrieved and a copy of Mr. Hart's log was obtained . The data and the corresponding notes in the log were examined for hours where the Food Connection equipment was identified as being noisy. The L50 statistical noise descriptor was reviewed because refrigeration units, compressors, fans and air conditioning units all emit noise that is continuous in nature lasting more than 50% or 30 minutes 'per hour. Those LS0 noise levels during both day and nighttime periods referred to as noisy because of Food Connection ranged from 44 - 50 dBA. The Department's allowable LS0 limit for daytime is 55 dBA and 50 dBA for nighttime. Out of the total 95 hours that were sampled, the DEQ L50 limit was exceeded only during two (2) hours. An L50 of 51 dBA was measured at 2 am on Monday, June 12, 1989. This measurement has not been associated with ILany specific source. Later in the same morning, an LS0 of 61 dBA was measured. This was associated with garbage truck activities at the neighboring apartments. The garbage truck as an in-use motor vehicle is not t i i Mr. Brad Roast, Building Official .July 18, 1989 z Page 2 1 f subject to the same standard as a stationary, commercial source like the 1 Food Connection store. t From the measurements taken by DEQ staff, we have concluded that the Food i Connection has achieved compliance with the nighttime noise standards t specified in Oregon Administrative Rule (OAR) 340-35-035 (1)(b) and Table 8. ; The Department's Noise Control Section has been glad to assist the City of Tigard in its effort to maintain a tranquil environment for its citizens. i' If we may be of further assistance, please call me at DEQ Noise Control at 229-5365. Thank you. 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LO LO M N r O 0I 00 (0 to d' M N T. (0 tD to 10 t1) LO to U) tr) to to LO d' d' 1- Nt 1- d' d' '4' d' yep — Sl3A3-1 3SION or- MEMORANDUM TO: City Council FROM: Keith S. Liden, Senior Planner RE: Noise Ordinance Revisions DATE: August 14, 1989 or Since the noise revision packet was sent to the Council to review the proposalfwith legalgcounselt. agenda, the staff has an opportunity As a result of this review, the staff would like to offer revised wording for Sections 7.40.170 and 7.40.200 of the proposed ordinance for Council beconsideration. beentional rding for Section is intented elow Section 7.40. section remains the same. 7 40 170 (� e When the City Administrator has reasona d (b le cause to believteltha th requirements of subsections 7.40.170 (a) do not adequately protect pliance these-receiving land Discrete City Tones"�regul tions containistrator may inedeinot"Chapter 3401, Oregonthe "Octave Bands andDivision 35, Noise Control Regulations for Administrative Rules, Industry and Commerce", as they mai be amended periodicall . 7.40.200 Nonconformin noise sources. Wherelawful certainrnoiseosources hai.enhave existed and have produced noise at levels thato regulations imposed by this title, those noise sources may continue to rate rate at previously lawful levels as nonconforming noise sources, 7 following criteria: produced by fixtures shall be considered subject nonconforming orming (a) Noise levels noise sources and shall be allowed to continue, limitations of this section. "Fixtures" includes, buts is conotlimited to ,equipment such as air conditioning units, compressors, heat pumps, and exhaust fans which are attached- to building or a site by means of bolts, screws, nails, cement, or plaster. Portable equipment shall not be considered a fixture. (b) Fixtures that are moved in whole or in part to another location• on the property or substantially repaired or replaced after the effecnoisetive sourcese of this ordinance shall not be considered nonconforming lac of Fixtures that have been moved or substantially repaired or withrethe ly after the effective date asofthe date such fixtures e ft ordinance mpare moed or provisions of this tial substantially repaired or replaced. If the use of a fixture which produces nonconforming noise levels is (c) discontinued or abandoned for any reason for a period of more than six • months, any noise subsequently generated from that fixture shall conform to the regulations specified by this title. • (d) Nonconforming noise levels produced by fixtures described in this section shall not be increased after the effective date of this ordinance. An increase in noise level shall be measured in accordance with provisions described in Section 7.40.170 of this title. (e) All fixtures that produce nonconforming noise must comply with applicable Oregon Department of Environmental Quality standards, as they may be amended periodically. rt 117 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 14,1989 DATE SUBMITTED: August 3,1989 ISSUE/AGENDA TITLE: Street vacation PREVIOUS ACTION:Council initiated Public Hearing - SW 95th Avenue , •rocess on Jul 10 1989 Y/� PREPARED BY:Development Services Mgr.i0" DEPT. HEAD ORq CITY ADMIN OR , /REQUESTED BY;Gene and Vivian Davis POLII-Y ISSUE Should the City vacate a public way that provides for immediate development of an adjacent property but may be needed in the future to meet area transportation needs? INFORMATION SUMMARY Gene and Vivian Davis are requesting the City to vacate a portion of SW 95th Avenue that is unimproved and adjoins their property(see attached map and legal description). The purpose of the vacation is to accommodate a proposed hotel development by the Marriott Corporation. Council initiated the formal review process at the request of Davis on July 10,1989. That review is substantially complete and outlined in the attached memo. A Planning Commission recommendation is not included as the Commission is not expected to review the proposal until August 8,1989. Their recommendation will be presented at the hearing. As outlined in the attached memo, staff is recommending the vacation be denied because it is not certain that the right-of-way will not be needed in the future. Transportation improvements in the area are likely to be evaluated and recommended and until this process is complete, future right-of-way requirements are not known. ALTERNATIVES CONSIDERED 1. Approve the vacation by adopting a vacation ordinance. An ordinance incorporating the Planning Commission's recommendation will be presented at the hearing. 2. Deny the vacation and direct staff to prepare a resolution for passage at a future meeting. FISCAL IMPACT Vacating this right-of-way will likely add to the assessed value of the City by adding more property to the tax rolls and by allowing a significant commercial development to go ahead. However, the cost of possibly having to buy the property back with improvements may eliminate the best improvement option. SUGGESTED ACTION Staff recommends that Council deny the vacation and direct staff to prepare a resolution outlining the findings and conclusions presented at the hearing for adoption at a future meeting. MEMORANDUM CITY OF TIGARD, OREGON TO: Ed Murphy , Director of Community Development FROM: Randy Clarno , Development Services Manage DATE: August 2,1989 SUBJECT: Proposed vacation of a portion of S.W. 95th Avenue I. Background Gene and Vivian Davis are requesting the City to vacate an unimproved portion of S.W. 95th Avenue which adjoins their property. ( see attached map and legal description) The purpose of the vacation is to accommodate a proposed hotel development by the Marriott Corporation. On July 10,1989 Council initiated vacation proceedings which calls for a formal review by all affected service providers and sets a date for a public hearing. The public hearing was set for August 14,1989. II. Findings Planning Commission The Planning Commission is scheduled to consider the proposal at their August 8,1989 meeting. Staff will report the Commission's recommendation at the public hearing on August 14,1989. Transportation and Utilities The Engineering Division has reviewed the proposal and made the following comments: A. The applicant has requested that the City vacate an unimproved portion of the right-of-way of SW 95th Avenue near Highway 217. It is recommended that this request be denied for the reasons explained below. Traffic congestion is a frequent problem in the interchange area of Greenburg Road and Highway 217. As development in the area continues, traffic congestion problems will get worse unless additional street improvements are provided. As improvements to the interchange are made, it is likely that revisions will be necessary to the local street system as well. Currently, the access from Oak 1 street to Greenburg Road is unsatisfactory and will no doubt need to be revised in conjunction with future interchange improvements. In recent months, there have been discussions suggesting that the zoning of the entire neighborhood should be reviewed and the possibility of additional commercial development in the area should be considered. If this zoning review is undertaken, it is envisioned that additional planning for the street system in the area would also be needed. It is likely that such a review of the street system would need to consider alternative locations for access to and from Highway 217 and could potentially lead to consideration of additional crossings over Highway 217. At this time the configuration of such a future street system, including freeway connections, is unknown. Hence, there is no way of knowing which existing rights-of-way in the area may be needed in the future and which will become surplus. Public rights-of-way should be vacated only when there is clearly no longer any need of the rights-of-way for existing or future street improvements. Based on the information currently available, there is no way of knowing if the right-of-way of 95th Avenue will not be needed in the future. While no specific plans are known which would utilize the existing right-of- way, potential routes can be envisioned which might need all or a portion of the existing right-of-way. Therefore, it is recommended that the right-of-way of 95th Avenue not be vacated at this time. Sometime in the future, when additional planning for the area is completed, vacation of this right-of-way could again be considered. B. The City and the Unified Sewerage Agency both have sewer line in the area proposed for vacation. Easements must be retained for the maintenance of these facilities. C. All utility companies and related service districts have reviewed the proposal and several requested that easements be retained. US West Communications, PGE and Columbia Cable have requested a 16 foot wide easement, centered over the right-of-way centerline the total length of the area to be vacated , to protect existing facilities. The Metzger Water District requested an easement be retained over the westerly 15 feet of the vacation area to protect an existing 12" water line. Public Safety The police department responded with no objection to the proposal. At the time of this report no comments were received from the Tualatin Valley Fire Department. Their comments will be reported at the hearing. Title to Vacated Lands This right-of-way was created with the dedication of the subdivision plat of Ashbrook Farm giving underlying title evenly to those lots on either side of the right-of-way. Mr. Davis owns the land on both sides of the vacation area and therefore would receive the title to the vacated lands. 2 C III. Recommendation The City should not vacate this public right-of-way at this time because it is not certain that it will never be needed in the forseeable future. Transportation related concerns in the S.W. Greenberg Road/ Hwy 217 area have not been fully evaluated leaving open the possibility that this right-of-way may be needed in the future. Should the Council choose to approve the vacation, easements for utilities . should be retained. dj/95THVAC.RPT C 3 I i C SW Oak St. 3200 3300 3400 3500 ./9 Ac. .29 Ac. .55 Ac .3/ Ac 0 3100 = ./6 Ac. 100 C 2.96 Ac. , — g 3000 •30 Ac 3600 la ./2 Ac. 0) t 2900 GO .35 Ac. 3800 3.58 Ac.. AREA TO BE VACATED C / B.B.4988 Ac. 1:1111P— pROPDAVISE2TtES may I 4800 I .23Ac- LN,N. i Z A I -N- I C • i I2700 ./6 Ac. EXHIBIT MAP TISRIWRECTION 35 2600 w, w. ROBERT M.SCHLEINING President AND ASS\ ENGINEEJATES, INC. • RS SURVEYORS 6-23-89 LEGAL DESCRIPTION for the VACATION OF A PORTION OF S.W. 95TH AVE. • Our Job No. 88-208 A tract of land being a portion of S.W. 95th. Avenue (C.R. No. 1018) , situated in the N.E. 1/4 of Section 35,Township 1 South, Range 1 West, W.M. , being more particularly described as follows: • Beginning at the N.W. corner of Lot 17 of the duly. recorded plat of ASHBROOK FARM, Washington County Plat records, said beginning point being the intersection of the centerline of S.W. 95th. Avenue he centerline centerline .of S.W.( WOak Street, thence along 95th. Avenue, South 7°21'42" West, a distance of 361.07 feet; thence North 82°38'18" West, a distance of 20.00 ithe intersection e West h t-of-way line of of that tract of said S..W. 95th.. Avenue with theWest line ndescribed in Deed to the Washington State county deed nrecords,iesaid Book 451, Page point also being the TRUE POINT OF BEGINNING of the tract • herein described; thence along- said West right-of-way line of S.W. 95th. , South 7°21'42" West, a distance of 92.91 feet; thence South 0°00'48" West, a distance of 48.84 feet; thence leaving said West right-of-way line South • 59°37' 32" East, a distance of 46.36 feet to the East right-of-way line of said S.W-. 95th. Ave. ; thence along said East line, North Q0°00'48" East, a distance of 69.70 feet; thence North 7°21'42" East, a distance of 90.35 feet; thence North 82°38'18" beginning.ea distance of 40.00 feet to the true point of Containing 6036 square feet more or less. REGISTERED PROFESSIONAL LAND SURVEYOR ''af-e-e-;•) 277..-2 ( OREGON JULY 18.1930 DAVID W. MILLS dsk 3 88-208.vac 01915 r,noT1 Alun ORFGON 97213 PHONE 284.5896 I , V 1 EXHIBIT MAP • SW 1/4 OF NE 1/4 OF SECTION 35 T1S R1W W.M. I I Id fr. L I > • i !.:C = I.- c I t v® • _ • 0 i : • . 11111111111E 8 s 211r412/2., is il 7 7 . . .1 , . , "I. - --., i di Ai illIN= !:8 1.11•••••• •• i. i.:<..... (4..:(41.**54.........0040;94 1„..c:..or V......::::4.•;:-.. ...Cit.,•• • , x... i ::;"A-W:..• :....,..i.:: ::. ?"044 • I 1••• i e.e.... ," -..„...:slew • 1§":....W Area of Vacation ,v0•: ;--••: -.-•••,-..7.-:,:„.....„, •,,,,,,,,.?"-....;;e II iNt- I____________ .sr.F.4....45 IP :-.:,,,......... ..,,, Ii.s,•:•;•V'• A:`,:.'•.....4:.: 111 . i:,:::..4..44:3::4::1ii.w?5f..71..:..qt:.-4'-,`.0"...k#,4-c..-t:.::."1-:..•1....f...,,.4t-........':,,,*.:...:.-:s1-1.-:,.:.0-:,.0-A..k4-...%.:...S::::0..."--:0:4.:i-0.;.V-U.r..t6t.0M::::.:::.0::i0,::,0.:C::..::4:k-:',--i-::':;,;:.-1..:..i.::,.ft!..;-•'1:e:.,,';U..'..,':-'*::;..:::,::.ii.- l IbI• R !ii hT ag=Ea ' i i 0, 1 . ,%• :v: ..tAiso)•::1:ielegf:-P*Ei:i 0: _________. _ : i ev. ,24::::::;f41Mi:::::.i.l.krire::•::..s.:. .,::.•V .Illik• 1 . : i!.'.F.- V.1:;....*?:::•*"?.. .:::M.14,4*1.1::•:, . ',.*. n •g:4.1.::,..04:e...,:**Mteage4:' I I 1 i ENVkitittal‘344.4.00. 4 ALL 20 1 SPACES 11.111117111ff ril Iki 1 ,,:::::,,,,,,:.„...,....,,,*03„-4.v..,ip..,, ..,, • 1 ..., i impomiwistow.fi.ii.::: IN THIS MI ' 0) 18:0NO;Alfigeliff1.0i I' AREA 121111kri IP-- - I 1 . 1 • :cofeirrni;:1:::.?..4:W:i.:E.si:i:i*At'i:Iri...1:::!:E: • ve, ,,k;:v;:i:::Aw 00::::~1:Aopi COMPACT II ---- • .-P4ki-.14:M.Ni... . :.3'si:;.1 . ,:„..A,..„..:.,.::::.:::::,...„::.:.„..m„0„.:::::%.„:.: VEHICLE 111 0::::.:::::;:1:is:::!:::.,:::;:::::::f.::::::::.:*::;.*i*:IE:IF:i:::.:iss::::-: :1-v::::,4:0; •Fr:41.fosi::1:1:gmir:.:;:li::::§,.;; . PARKING • Ili 1?*- I 4:::::;*:;f1.:34X•-:-Iit;:iiifig::i:f:t•:::iii:V.::::.:: 1 i MICA i • ;:;i:ii;i:W?i.:is:;11!;,':'A31:i*i.:1::";:lii:iiifilia. :..mi*.iN:::::::''''::::Vii.:i. 341Viig i M.V.016'.C....gialiiiMag:.:*; I 1411P ,I — i Fi:.-..gol.4tii.pownston I ..::,..,:i*m..:;::.,::::::;*i;:::i:::::•:::::::.:::: ::,:::::::::i. ,::::4x:??::-:. I I 1 I I — r. :•::.:.sviA‘mil I- .:ii:ini.agtaMiliVig .... .*.MEM:t‘igi:::.ft:::.:*.iiszW.::g:ii.E:.,. k 1,....h — 8,atiineattgimi:ni4:10:ii: 15•-0" 24'-0" .-- 1 61111.. i• T I -, r mi n :.::::::;:.:,:.,:,,,:,,,,::::,,,::::,::::•,::::.::::::,?:,::::,•:::::::... If , -- WI 64 .:::?•Zigi.T.ii:•Si.1: ::iii*.:::.:::::::: ::,.A:0•:::::::::::::::::::. - - - .1,'•....:Wii:iSE:,:,•,$:::::::::::::::::::*:::::::::M: • 1 1 3,2..-4%::::.,S...*.i.:4:*ii*i*:::i:OSEM:.' E. '..:k:.....:::s1.1M:::1;:o.:*.,A:::i*:.•*1* 4:0.:::.:•i:::•.F.Pij.::.;'.1• .:• I I FAIRFIELD INN •.t4i,:s:s:P:1"::*,;::::::V:.:,:::.; - *":si:04*.:*A;:. • HI-RISE SIGN .go....:::::;*::::*:::E::::: ......ft \,,..................... C 14k ' • sr„. • a2/..., -• NORTH 5._9-2:---------..--- e cr, •9. .1. .........30.32...r.....,......t6-f • S4•S . .... 4,, 4- / � 7 9 9 C c, itic / R o i2 -- 014, 4/ r 1 L i Vii c /U 71/ k- o q_67-1/1/ 04)751 .P l� Y pp a o r f h. y VA c.,47 rv' o L-oW �? 917-4 s w r CL o s I.// /A/ (2 / 7 < pi G 0 C N77 0 w lv 0 Q y C Z"1-/Ac i/-//J T S/ / PAc:> �- SOA D 1 0 /� if GA 1 t d w/300 t. .9 c T •4•4 4„,0 /- /1 4/U T. / J1/0 D /v vY Y tc1 %z ° 47- A L.4, -7--71/ C/Ty J -tv � y�r� v �_v �3�' 414y17,4yr vSC %o ' / i / /6 i// - F. r<//i ,� / /= oollsh %o E. v / T /3/ c / TX( 0v P2,4 c b yYI YY! E .C./A _2(//-W-errieA././1"/ i a Nv,- /-) CITY OF TIGARD, OREGON ORDINANCE NO. 89- AN ORDINANCE VACATING A PORTION OF UNIMPROVED S.W. 95TH AVENUE, LOCATED BETWEEN S.W. OAK STREET AND STATE OF OREGON HIGHWAY NO. 217, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation proceeding at the request of Gene and Vivian Davis, on July 10, 1989, by enactment of Resolution No. 89-56; and WHEREAS, the specific area proposed to be vacated is described in Exhibit "A", t attached; and 1 WHEREAS, the reason and purpose of this vacation is to accommodate a proposed hotel development by the Marriott Corporation; and WHEREAS, this vacation would eliminate an unimproved portion of S.W. Oak Street I� right-of-way and return control of the property to Gene and Vivian Davis; and WHEREAS, the Tigard Planning Commission did hear and consider this vacation on August 8, 1989, and subsequently, recommended denial because of uncertainty that the right-of-way may be needed in the future; and WHEREAS, the Department of Community Development has also considered this vacation and has recommended denial (to the Tigard Planning Commission and to the Tigard City Council) for the aforesaid reason; and WHEREAS, in accordance with ORS 271.100 and TMC Section 15.08.110, the Tigard City Council fixed a time and place for a public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, in accordance with ORS 271.080 and TMC 15.08.120 notice was mailed to all property owners abutting said vacation area and all owners in the affected area; and WHEREAS, the Tigard City Council held a hearing on August 14, 1989, to consider the vacation and determined the public interest not to be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Tigard City Council finds that the following conditions are necessary to vacate said land: 1. That a general public utility easement to be retained over the area or over a portion of the area to be vacated to accommodate existing and future public utilities. Said easement to be reviewed and approved by the City Engineer prior to recording. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance is to be recorded with the Washington County Clerk, Assessor and Surveyor. ORDINANCE NO. 89- Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of unimproved S.W. 95th Avenue as described on the attached Exhibit "A", and by this reference made part hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. That a general public utility easement be retained over the area or over a portion of the area to be vacated to accommodate existing and future public utilities. Said easement to be reviewed and approved by the City Engineer prior to recording. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance is to be recorded with the Washington County Clerk, Assessor and Surveyor. Section 3: This ordinance shall be effective on the 31st day after its enactment by the Tigard City Council and approved by the Mayor, subject to the terms and conditions included within the ordinance. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1989. City Recorder APPROVED: This day of , 1989. Mayor Approved as to form: City Attorney Date br/95Ord.jsh ORDINANCE NO. 89- Page 2 I/ /f �"Xh//B/T /Q. . ROBERT M.SCHLEINING President to 3Q ritu -6- AND ASSOCIATES, INC. ENGINEE`RS SURVEYORS 6-23-89 LEGAL DESCRIPTION for the VACATION OF A PORTION OF S.W. 95TH AVE_ - Our Job No. 88-208 A tract of land being a portion of S.W. 95th. Avenue (CAL No. 1018) , situated in the N.E. 1/4 of Section 35, Township 1 South, Range 1 West, W.M. , being more particularly described as follows: Beginning at the N.W. corner of Lot 17 of the duly. recorded plat of ASHBROOK FARM, Washington County Plat records, said beginning point being the intersection of the centerline of. S.W. 95th. Avenue with the centerline of C.' S.W. Oak Street, thence along the centerline of said S.W. 95th. Avenue, South 7°21'42" West, a distance of 361.07 feet; thence North 82°38' 18" Vest, a distance of 20.00 feet to the intersection of Ute West right-of-way line of said S.W. 95th. Avenue with the West line of that tract of land described in Deed to the State of Oregon, recorded in Book 451, Page 203 Washington county deed records, said point also being the TRUE POINT OF BEGINNING of the tract E herein described; thence along. said West right-of-way line . 1 of S.W. 95th_ , South 7°21'42" West, a distance of 92.91 feet; thence South 0°00'48" West, a distance of 48_84 r. F feet; thence leaving said West right-of-way line South 59°37'32" East, a distance of 46_36 feet to the East right-of-way line of said S.W- 95th. Ave_; thence along said East line, North 00°00'48" East, a distance of 69.70 feet; thence North 7';21'42" East, a distance of 90_35 feet; thence North 82°38'18" West, a distance of 40.00 feet to the true point of beginning_ Containing 6036 square feet more or less. REGISTERED PROFESSIONAL LAND SURVEYOR t.. - OREGON JULY 16.1430 dsk 3 88-208-vac DAVID W. MILLS 01915 ^,` t . C I l H . i i SW Oak St. - 3200 3300 3400 3500 ./9 Ac .29.4c _55 Ac -3/ Ac a) 3100 = .16 Ac- 100 >✓ 2-96 Ac. Q) . > Q 3000 - - -30 Ac 43600 • ./2 Ac. 0) 2900 CO 35 Ac. 3800 3-SB Ac - AREA TO BE VACATED , `% J-- . ( / 6.4988 Ac. DAV I S r pROPE2TIES _ 64k9,- A \Z I , . 1 I 4800 -23Ac- r.?, tI _N_ NH C . A 2700 .16 Ac. EXHIBIT MAP T1S R1W SECTION 35 2600 l d cane-i.-o d -- \--.3ao ••-1,. . 'I\<\ \\' f 7". \ / • many t..,%, \t. ` '` ‘,0a \ \` C /fi ( iklt t. . • Ci. I ' S. ,>/r)1' \ ,- /,'... • Itis W,o..,�, Ai ,� I CD a r, n, `n. / I ♦\~ 4v . C5' , i '''cs. y . is O "� .4N .- . .".• ----...), I. • Sc Qt • U, •4 O�t. '; 611 ♦ _ r . io vim, .,,. F .. \\\ y .11,r4411440.1„,livitiz.k. :.; “L.,3a4 - f- ----- 711. . .- -. -',- i 4 36,9lZ 9 �/- l\it. /I �O1a 2/09PQ i' CD i_ izsQ.i ZN ; so • • 491-Z96 "°•4 `'ti • j ,` ;O' t• 352A3599 • ,; Cw / `` I't X •// X. kv. s • « ` , . Ac.1- ma' ,,r , , t1?.... =r M - I -- 446146 i ._ 220' ��; N __ .� W .�- rz, �; Q N \�N.\ ,� '4%, .:4 �� ® �1 Odd _ � • • "w�� • %,ADD 3 • — �—_ 0r,�sroo, `— NVQ �.T+O (k,-, ;O —_ — E�tC f/'/O o %A C' , _ ti ± 3 K '''' \ i --,• !i r / <. X th (Z/7\ C ' sb C-14 \ ' <- a N 370 \ \ ...ID �" '''''..0.zC. -I. Beginning on the Easterly line of said S.W. 95th Avenue at the most- Northerly corner of said State of Oregon property, recorded in Book 451, Page 203, Deed Records of Washington County; thence Westerly at right • angles to said Easterly line of S.W. 95th Avenue to the Westerly line of said S.W. 95th Avenue. t. The parcel of land to which this description applies contains 12,850 square feet , more or less. AREA BREAKDOWN: • 32675 - 3,000 square feet, more or less. 32678 - 4, 100 square feet, more or less. • ( • S.W. 95th Avenue - 5,750 square feet, more or less. • • 1.I 1 ---Z • i -7P •—• . • . ""-•• • C . • •. • 11 S. LOCUST ST 1 1 • ' r • ..., ..„..7,, 11 il. .. .. :T.., .,„, \ \./. ., , :r4 , fit i . I • . AQ - c_`c• il.::.;L--------j------ •!.• 111113‘11 . • CI .1.546703/ r . ZONE I ::y., . • -.I. y DISTRICT BOUNDRY ' 35•49.71619 k.:.:: . .. ... —1 • '. 1 . 11•11 Oa•ml.....••••11=NMent 1 t......j1 3S419.U00 1 . I i 1-i• L-secnOnt "A" •• ...•...,,.....--•••i 1 4 • ... .. . 1. • 1. I .....1 \ (' ,,1 . 1,z.,•.'4'..- 1 i • f. 1 . . :. % JSICIXO ••I ...:....::-.1 ••• . I • • ' c'S 154005700 1 :-.11 I I1 • i s ,•.: \ •. 11 • CM/ ......1 fniolm me ma.ONIMIMMOM 00 Mt -1 ... .. .54Clap I 1 • ti, ... ::-..11 .. ..• IOW 801/NOARY ", I t.....11 ZONE I ..,., . -..." . . 1 , , . ..... li , •34C1•920 :•••• 4 I 14 ..... •••• • s . ! , 1 •S>. • --, -9,),>:, .%\,.. . - s• 1 i . • •••5••• • i . -9---:• k••• --9)... ... I •c-3........% ... i % •• 1 .%.,... i I • • .. • • t • • .• ' . , . . • . . • . ..7 -...• . . 1._ __ _i . Li ....._... , . , . . , 1 NMI 41.-1. II BOROgit r i I L %RE 1 ...- ....-• illigi >ccui —_ .. __ • . r•-_( / .. 1( . — - CRESCENT , . I GROVE ilMillIM --,LEtiM4NN L L. 1 i - , ... I • t — ':---CEMETARY::=-- = =e- ,.- i I - i LU I I It 0 1 z I 4, 8.. - 11 4., • . • 1 ••• t , 11— ,tt 0 •‘:. c I . ..--.4 1 I 1 04 .. i 11 s.w. . It , -•1 1 , tH - - - - - - --- -- - ' I , L _ _ I 4-. i " 1 I 1 1 i 1 1 _ 1 1 I 1 I I 31 [ • ', S.W. I I u) 1 ;•.... 1 ' 1.•:4 ... sr mom biro ma... Noma•••••..., I.ji H [.1 1 ri ui 111111 :,:s 1-7;7 4 ElliNIII v) IS.W MAPLELEAF ST., • .. .-- 43 al .i '` MI i 1 NN.,. ...,.....,‘,....„,........___‘ , • 0 . ..., . cf. . , cn 111111// ., 1 .,. . .). f •••• \\ • ".../ /•\ \ \ 4 .../ , S.W. 1111111111A,,WIA 6 1.11121 1 2 I.'. \ 1....., ,..—...... J... / • • ...........7..s. • r....'.....r......... 1,..--C ......,: . I .... k ... .•• .1111••••- 1 • • .... S.W. SHADY LN. .. ui . 1 • BLVD. 411111111,_.... . *ptdi, 1 f_ h-... •J 11 I S ' •On 0/ ••. 1 . 4.,...., .• ' 1 • ASH...-.--.. i I I i .. • 1...... . -•• j \ 1 ir 1 I • i I 1 i , 1111111111111111/4 I 1 I i 1 ; -- • 1 L.t. — 7• CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 8/14/89 DATE SUBMITTED: 8/3//89 ISSUE/AGENDA TITLE: Wyatt/Texaco PREVIOUS ACTION: Council approval CU 87-03/MLP 87-09 subject to conditions jff PREPARED BY: Keith Liden DEPT HEAD OK ,i ITY ADMIN OK 1//I REQUESTED BY: Ii POLICY ISSUE Should the City approve a six month extension of the approval period for the proposed Texaco service station/car wash at the corner of Bull Mountain Road and Pacific Highway? INFORMATION SUMMARY On August 22, 1988, the Council approved the above applications subject to . conditions. This approval was valid for a one year period. The applicant has not begun the project because of Condition 2. of Resolution No. 88-81 required that prior to occupancy, the northern frontage road to Bull Mountain Road be closed as part of the ODOT-MSTIP project For Canterbury Square and Canterbury Lane. This street improvement project has not begun but it is expected to commence soon. The proposed six month extension is consistent with the relevant criteria in Section 18.130.030 B. of the Community Development Code and a resolution approving the extension is attached. Also attached is Resolution No. 88-81. ALTERNATIVES CONSIDERED 1. Approve the attached resolution 2. Modify and approve the attached resolution FISCAL IMPACT SUGGESTED ACTION ( Approve the resolution fi ---i----): S.W. VISTA I McFARLAND \ �,�.bUD Cr VIEW S.W. % ■= CT. 0 PLA n III \4411 C. .y W• 011111,64 WILDWOp O ■ c— ■. Ihr - 1 V) ara RC. Nil ---____:, W� T . .r '.. f..L. ' . 1, (,,. 410" A .Q s 0 s ' # oI' s /'ms � � co * 0 /- /1 ik OVEN OHO , �, i „ It q% 4. ie os • .10 - O`P Q�� ,♦�,,, Gly At ,��► r I z *iv i # 0 , OS #4 117 - # 446 s‘ ifV# • (3) A Ze id #1410#V q F- � j MITCHELL, LANG & SMITH ATTORNEYS AT LAW :MAPLES T.SMITH PATRICK 0.GILROY,JR! 2000 ONE MAIN PLACE SEATTLE OFFICE RICHARD L.LANG GREG BARTHOLOMEW IO1 S.W.MAIN STREET MANAGING PARTNER:E.PENNOCK GHEEN WM.H.MITCHELL ELIZABETH A.SAMSON SUITE 4330 EDWARD J.SULLIVAN$ CANDACE H.WEATHCRBY PORTLAND,OREGON 97204 1001 FOURTH AVENUE WILLIAM A.MASTERS• KATHLEEN L.BICKERS• SEATTLE,WASHINGTON 96154-1106 WM.KELLY OLSON• RICHARD A.WYMAN TELEPHONE(503)221-1011 (206)292.1212 E.PENNOCK GHEEN•,P.S. THOMAS M.CHRISTFAX(503)248-0732 FAX(206)662.4667 BRUCE M.WHITE• TERRY M.WEINER* THANE W.TIENSON• MARK J.GREENFIELD VANCOUVER OFFICE JOHN A.WITTMAYER• CHARLES D.HARMS RESIDENT PARTNER:BRUCE M.WHITE CHRIS P.DAVIS MICHAEL 0.HEPBURNt SUITE 150 SCOTT J.MEYER LESLIE ANN BUDEWITZt 112 WEST II" STREET DENNIS D.REYNOLDSt,P.S. RICHARD L.GRANT• VANCOUVER,WASHINGTON 96660 MATTHEW T.BOYLEt,P.S. NEIL W.JONES (206)695.2537 JAMES A.WEXLERt,P.S. JODY ANN NOON (503)221-IO11 PEGGY HENNESSY• •MWER OREGON AND MARY KYLE M•CUROYS WASHINGTON OARS8 RECEIVED OREGON AND WILLIAM H.CAFFEE WASHINGTON,D.C.MARS MICHAEL R.MITTGEt t WASHINGTON OAR ONLY JUL 05 1989 S OREGON AND CALIFORNIA BARS June 30, 1989 -A- 1 : K/ �MI.iIJ)Jt..�..:� ...... Mr. Keith Liden Planning Director 12755 SW Ash Street P.O. Box 23397 Tigard, Oregon 97223 RE: Application for Extension of Texaco Conditional Use Permit, CU 87-03 ( Dear Keith: On August 22, 1988, the Tigard City Council , by unanimous vote, approved a conditional use permit (CU 87-03) and minor land partition (MLP 87-09 ) for property located at 11290 SW Bull Mountain Road, to allow construction of a service station, car wash and convenience mart. Condition 17 of the City ' s final order states that the approval is valid "if exercised within one year of the final approval date. " You have informed me that the City' s Community Development Code provides for extensions of this approval period. Due to unusual circumstances identified below, my client, Texaco Refining & Marketing Inc. , has been unable thus far to develop the property . Consequently , pursuant to Code Section 18 . 130 . 030 ( B ) , Texaco hereby requests an extension of the approval period. I understand there is some confusion whether this Code section was amended to allow extensions of one year, as opposed to six months . If the Code was amended to allow one year extensions, we ask that a one year extension be granted to permit development next spring and summer , when conditions are more favorable. If the Code was not so amended, then we ask for the maximum time extension permitted by the Code. MITCHELL, LANG 8c SMITH Mr. Keith Liden June 30, 1989 Page 2 Texaco has not yet begun to develop the property , principally for two reasons beyond its control . First, you may recall concerns raised by area neighbors that development of the Texaco site prior to completion of proposed State Highway Division improvements to Canterbury Lane might cause the Oregon Department of Transportation to postpone such improvements. As a consequence of that testimony, the City Council imposed a condition prohibiting issuance of occupancy permits until the North Frontage Road is closed. Texaco anticipated closure would occur during this building season. However, due to slippage in ODOT' s time schedule , it now appears that bids will be opened this July, but that closure of the North Frontage Road might not occur until next spring. See the attached letter to Bob Heard, ODOT, dated May 10 , 1989. Texaco deems it prudent to perform necessary construction activity at one time, rather than over two building seasons. Consequently, we would prefer to begin site development next year. Wyatt, j Secondly, you may recall that the property owner, Bob W y passed away during the pendency of this proceeding before the City. His will was contested, during which time Texaco was unable to renew its option to purchase the property. Only last month (May, 1989) did heirs to the Wyatt estate agree to renew Texaco' s purchase option. Without that option, Texaco could not development of the property. prudently P p Y go forward with Please note that no changes have been made to the original site plan as approved by the City. Texaco intends to initiate construction of the site within the extended time period, in accordance with the conditions of approval . To our knowledge there have been no changes in the facts or applicable policies and ordinance provisions upon which the approval was based which would prevent this development from going forward. In our telephone conversation of June 28, 1989, you informed me that there is no fee charged for requesting a time extension, despite reference to a fee in Code Section 18 .130 .030(B) . If that information is incorrect, please advise me immediately and we will make prompt fee payment. Also, I understand that the Code requires a hearing on this matter. We would appreciate prompt scheduling of such a hearing. I MITCHELL, LANG & SMITH Mr. Keith Liden June 30, 1989 Page 3 Thank you for your assistance in this matter. Very truly yours, MI ELL, LANG & MITH G el Mar J. GreeAttorn forco cc: Vivian Clausing ( 4 !I CITY OF TIGARD, OREGON RESOLUTION NO. 88—s) IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF AN APPEAL OF A HEARINGS OFFICER APPROVAL OF A CONDITIONAL USE (CU 87-03) AND MINOR LAND PARTITION (MLP 87-09) REQUESTED BY ROBERT WYATT (TEXACO) . WHEREAS, this matter came before the City Council at its meeting of July 25, 1988, upon the filing of an appeal by the applicant and NPO #3 on a Hearings Officer approval of a Conditional Use and Minor Land Partition subject to conditions; and • WHEREAS, the City Council had before it the: 1) site map; 2) Hearings Officer decision; 3) copies of appeals from Texaco, NPO #3, CPO #4; 4) Liden memo summarizing mediation meeting; 5) Wooley memo addressing street improvement issues including recommended amendments to conditions 3 and 4 of the Hearings Officer decision; and 6) transcripts from the Hearings Officer hearings of March 24, 1988, May 18, 1988, and May 25, 1988. Supplemental items also included were: 1) applicant's statement and traffic study; 2) staff report to the Hearings Officer; 3) community traffic study; 4) applicant response to neighborhood traffic concerns; and 5) letters dated September 29, 1987, and March 10, 1988 from the Oregon Department of Transportation. WHEREAS, based on the record in this case, the City Council makes the following findings of fact: PROPERTY DESCRIPTION: Tax lot 1100, Map 251, 10AC, City of Tigard, County of Washington, State of Oregon. PUBLIC HEARINGS: Public Hearings: March 24, 1988, May 18, 1988, and May 25, 1988. HISTORY: The property was originally developed for use as a restaurant and in 1985 the City approved a car sales business. This use has been abandoned. Vicinity Information The property is located at the southwest corner of Pacific Highway and Bull Mountain Road. Pacific Highway is an arterial street which is under the jurisdiction of the State Highway Division and Bull Mountain Road is a major collector and is a Washington County thoroughfare. A frontage road, under State jurisdiction, which runs between Bull Mountain Road and Beef Bend Road lies between the subject property and Pacific Highway. A vacant property located to the south and west is zoned C—P (Commercial Professional) and Christ the King Church which is located on the north side of Bull Mountain Road is zoned C—G. C RESOLUTION NO_ RR- !) / Site Information Past use of the property has left a paved parking area and a building which was formerly a restaurant, located on the west side of the subject property. There is presently one driveway entrance onto Bull Mountain Road and one additional entrance on the frontage road. The minor land partition portion of the application would place the developing portion on a separate lot from the proposed use. The applicant plans to divide the property into two parcels of 38,468 and 28,532 square feet each. The existing building would be located on the smaller western parcel and the proposed vehicle fuel sales, convenience mart and car wash would be located on the larger parcel. The proposed site plan includes two driveway entrances onto Bull Mountain Road and one driveway entrance on the frontage road. The convenience mart and gas station would be located in the northern portion of the property with the car wash to the south. Landscaping, including deciduous trees and low lying vegetation would be located around the perimeter of the new project. The applicant is also proposing to locate one free-standing sign of an unspecified height, which exceeds 80 square feet per side, at the northeast corner of the property. Applicable Plan Policies and Ordinance Provisions Policy 2.1.1 - This policy is satisfied in that the City has provided proper public notice to the surrounding property owners and to the neighborhood planning organization responsible for this area. In addition, the applicants have met with the neighbors to discuss the proposed applications. Policy 4.2.1 - The proposal will require domestic water service from the Tigard Water District. Storm water run-off from the property would be pumped into the Bull Mountain system by agreement of the applicant, with no discharge into the King City system. There are no wetlands on the site. The City of Tigard has sole jurisdiction over water use and discharge from this site. Policy 5.1.4 - The property to the south and west of the proposal is zoned Professional Commercial; the property to the north of the proposal is zoned General Commercial; the property to the east of the proposal is zoned R-4 and is designated low density residential. While this property is technically adjacent to the proposed site, it is actually separated from the proposal by Highway 99 and is approximately 220 feet from the proposal. Policy 6.6.1 - The proposal plans a landscaping zone along the frontage of the property on Bull Mountain Road of 12 feet in width and along the frontage road to be vacated that varies between 7'6" and 12' in width. The car wash will be screened along the property line and on-site trash will be enclosed, as will all storage. Policy 7.1.2 - The site is served with a 12" water line from the Tigard Water District in the vicinity of the frontage road and an 8" line in Bull Mountain Road. An 8" sewer line and manhole is located in Bull Mountain Road within 106 feet of the property line, with adequate capacity. Storm drainage has been addressed above, by agreement of the applicant. RESOLUTION NO. 88-X/ Page 2 • • Policy 7.2.1 - Storm dra_.iage has been addressed above, ray agreement of the applicant. There are no natural drainage ways to be maintained on the • property. There is no 100 year floodplain elevation on the property. There cis minimal erosion on the site. Policy 7.5.1, 7.5.2 - The proposal is within District No. 3 of the Tigard Policy Service area, and the police department anticipates no difficulty in serving the proposal. Policy 7.6.1 - A fire hydrant is connected to the 8" water main in Bull Mountain Road, approximately 47' east of the property line. A fire station is located approximately one mile south of the site. Response time is estimated 2-3 minutes, which is below the standard response time of 5 minutes. The fire department has indicated that its facilities are adequate to provide full fire protection to the proposal. Policy 7.7.1 - Electrical service to the site is currently 400 amp service with 120-240, three phase service. PGE has indicated that electrical service is adequate for the proposal. GTE has indicated that telephone service is available to the site for the proposal. NW Natural Gas has a 4-1/2" main in Bull Mountain Road, with adequate capacity to serve the proposal. Policy 8.1.1, 8.1.2, 8.1.3 - These policies provide that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The City is required to provide for the efficient management of the transportation planning process, through coordination with federal, state, regional and local jurisdictions. All parties to this hearing agree that the intersection of the frontage road { and Bull Mountain Road make the area in the vicinity of this proposal particularly dangerous. All parties agree that the State of Oregon plans to close the northern portion of frontage road when it develops a new access from Highway 99W to Canterbury Square but no specific, guaranteed plans are presently available. The parties disagree on whether the proposal should be approved with just the closure of the south frontage road before the problem of the north frontage road and the convenience of those attempting to reach Canterbury Square from the south can be addressed. • All parties agree that the level of service at portions of the intersection of Bull Mountain Road and Highway 99W is intolerably low (an "F" level) . However, the level of service is directly related to the cycle time of the traffic signal at Highway 99W and Bull Mountain Road. The State Highway Department has the sole authority to change the timing on that cycle to shorten it and make waits at that intersection less than their present 140 seconds. The applicant has requested such re-cycling of the signal, but there was no response from the State when the record was closed. The Bull Mountain Road queue presently clears within the 30 seconds allotted to its movements. If the cycle time at this intersection was reduced, the queue would be shorter and clearance should continue to be no problem, even if the proposal is allowed. The opponents argued that the traffic counts for the area were too low. For purposes of this decision, the City Council adopted the counts as generated by the opponents. The applicant argued that the intersection had adequate capacity, even if you accepted the higher traffic counts as accurate. Unless the State Highway Department decides to change the cycle times at this intrsection, the residents in the area will continue to experience uncomfortable delays, regardless of whether this application, or another, is approved for the site. RESOLUTION NO. 88-21_ Page 3 • • The applicant admits that approximately 16,000 cars will use the proposed • facility each month; they base this on a trip generation field study done at a similar facility in Portland and published information from the Trip General Manual (Fourth Edition). The opponents argue that the comparison is not valid as only one other station was studied. The City Council finds that the comparison is a sound one. The opponents argue that the projected growth for the area indicates a ten-fold increase in the next 15-20 years, with a corresponding increase in the background traffic which will use Bull Mountain Road. The applicant points out that their capacity calculations included a consideration of the population growth projections developed and maintained by Metro, which projects 25 percent increase in background traffic volumes on Bull Mountain Road by the year 2010. The City Council finds that the Metro growth projections have had a definite tendency to underestimate the growth rate for the Tigard area. The opponents point out that the original traffic report incorrectly considered the stopping sight distance in determining whether the proposed accesses to Bull Mountain Road from the site could be hazardous, particularly to traffic coming down Bull Mountain Road. The applicant's traffic engineer conceded the incorrect reference, but pointed out that the actual analysis was done for intersection sight distance requirements, not stopping distance requirements. Using the formula of 10 times the 85th percentile approach speed of oncoming vehicles, the only evidence in the record shows that this standard is exceeded under both current and proposed future site conditions. The opponents expressed serious concerns about foot traffic on Bull Mountain Road, particularly new foot traffic that would be attracted by the proposed use. The applicant will be required to install sidewalks along the site frontage from the westernmost point of the site. If additional foot traffic is generated west of the site, it should not conflict with the additional cars turning into the site, which will approach from the east. Until all of Bull Mountain Road is redeveloped to the major collector standard, with curbs, sidewalks and &n area for biking, foot traffic will continue to be at risk on this road. The opponents expressed concern relating to the additional hazard presented by the necessary fuel deliveries to the site. The proposed use will not generate transit ridership. The proposal includes spaces for handicapped parking as well as the other required handicapped facilities. Policy 9.1 . 1 - The best evidence in the record indicates that only 6 percent of the trips to the proposed use would be "new" trips to the area and 94 percent would be trips would be from traffic already in the area; the additional energy consumption associated with this use would be minimal. Policy 12.2. 1 -- The property is zoned General Commercial which is intended to provide for major retail goods and services. The uses may involve auto repair and services, supply and equipment stores, vehicle sales, drive-in restaurants, etc. Due to the nature of these uses (high traffic gen' rators), they are to be located next to a major collector street or arterial. As noted above, Bull Mountain Road is designated a major collector street. RESOLUTION NO. 88-151 Page 4 Locational criteria — As noted above, the proposed site is not bounded by residential districts on more than two sides. The traffic congestion and safety problems associated with the proposal are addressed above. The site is sufficiently large to accommodate the use and has the required high visibility. The proposal is consistent with any development which might occur on adjacent property zoned retail and/or office commerJ� al and there are no adjacent non—commercial uses to this property, as noted above. Code Section 18.62.050 — No minimum lot area is required and the proposal exceeds the minimum lot width of 50 feet by 6 feet. The proposal meets the setback requirements with the closest building structure to the side property line being 42 feet. The proposal is well under the height limitation of 45 feet, at 18 feet, 11 inches at the highest point. The proposal covers 84.6 percent of the site, which is below the maximum standard of 85 percent coverage. The proposal include's 15.4 percent of the area in landscaping, which exceeds the standard of 15 percent. Code Section 18.100.020 — The proposed landscaping would not interfere with the maintenance of any utilities on or off site and would not impair the visibility of traffic on either Bull Mountain Road or Highway 99. Code Section 18.102 — No structures in the proposal are within the vision clearance areas. Code Section 18.106 — The proposal meets the parking requirements of the code with three vehicles for each gas pump and four parking spaces dedicated to just the convenience mart. Code Section 18.108 — The access standards of the code are met by the proposal, and the joint access requirements for adjacent land would be met by the conditions of approval set forth below. Code Section 18.114 — A sign permit is required by the City before any sign may be erected. If the proposal includes a sign which exceeds the code standard, the applicant would have to apply for a separate hearing on that part of the proposal. Code Sections 18.130 and 18.162 — The criteria of these sections have been satisfied as the proposal of the applicant has been amended to satisfy the setback requirement of the building front yard, and as earlier conditioned to require additional vehicle storage to avoid congestion at the driveways or on Bull Mountain Road. The City Council also makes the following conclusions of law: 1. The Comprehensive Plan and Code requirements of Policies 2.1.1, 4.2.1, 5.1.4, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2, 7.6.1, 7.7.1, 9.1.1, 12.2.1, and Code Sections 18.62.050, 18.100. 120, 18.102, 18.106, 18.108, 18.114, 18.130, and 18.162 have been met. RESOLUTION NO. 88-5I Page 5 2. The Comprehensive P1,.. policies of Policies 8.1.1, 8.x.2, and 8.1.3 have been addressed by the applicant, and as conditioned below, have been satisfied. There was wide—spread sentiment that this property should not 4r- be zoned General Commercial, but no application for re—zoning, or re—designation by the Comprehensive Plan is before the City Council. As a General Commercial zone, the uses contemplated include high traffic use¢. Tha City Council notes that the. only reason the proposed use requires a conditional use hearing is to address the issue of fuel storage in this area. The City Council heard no concerns from opponents on this point; generally, the opponents were most concerned about the traffic impact (including trucks) this use might have on the area. The City has not imposed a moratorium on development of this area until the traffic problems created by the intersection of the frontage road and Bull Mountain Road have been remedied. However, the City Council must consider whether the proposal ' is consistent with the intent of the Comprehensive Plan and the Development Code. The City Council concludes that due to the safety and congestion problems already evident at the Bull Mountain Road/Pacific Highway intersection, the anticipated increase in traffic volumes, and the adverse impact that a partial frontage road closure will . have upon the businesses in Canterbury Square, the northern frontage road should also be closed prior to developing this project. The available evidence indicates that a new access to Canterbury Square and closure of the north frontage road can be accomplished in 1989. Until this closure occurs, the additional tt construction traffic, fuel deliveries, and customer traffic will exacerbate the existing safety problems at this intersection. Closure of the south frontage road without a direct access to Pacific Highway will be inconvenient for Canterbury Square customers and, therefore, business for this center will be adversely affected in order to accommodate this project. Because of these traffic safety and Cantebury Square access considerations, the closure of both frontage roads will be necessary as noted in the conditions below. 3. There was considerable testimony from opponents about whether there was a need in the community for a facility such as the one proposed. Numerous other similar facilities are presently vacant in the area. The City has • not adopted either policies or standards that require the consideration of need in a conditional use application; accordingly, the City Council cannot consider that issue. The City has determined by its silence on that requirement, that market conditions will dictate whether uses will be proposed or not. Similarly, opponents speculated what would happen to the site if the use was developed and then abandoned. Once again, the City does not require businesses to remain open when they have made a decision that it is no longer economically feasible to do so. If this use is abandoned, the area will have one other vacant building, as the adjacent •site to the west presently contains the vacant building from the previous uses on the site. 4. There were many objections from neighbors about the aesthetics of the proposal, particularly at the entrance to the Bull Mountain residential area. The City has not adopted standards to consider the aesthetics of development within the General Commercial zone, so this issue is not one the City Council may consider. RESOLUTION NO. 88-71 Page 6 • • 5. Some concern was expressed by opponents about noise from the site. Noise testing was done at a similar site which has been fully developed, and it was found to be within acceptable ranges. In addition, the distance between the site and the nearest residential use should adequately mitigate any noise impact from the proposed use. The applicant has also • agreed to limit the hours of operation of the car wash (the noisiest portion of the proposed use) to 7:00 AM to 10:00 PM. In addition, the City Council has conditioned the approval to require compliance with applicable noise standards. 6. A representative of Canterbury Square objected to the closure of the south portion of the frontage road before the State of Oregon developed alternate access to their property; they felt that a large number of the customers used the southern frontage road for access. Based on the findings and conclusions above, the City Council approves CU 87-03 and MLP 87-09, subject to the following conditions which must be satisfied prior to issuance of building permits, unless noted otherwise: 1. The applicant shall obtain a permit from the Oregon State Highway Division to perform work within the right-of-way of the Highway 99 frontage road. A copy of the permit shall be provided to the City Engineering Office prior to issuance of a public improvement permit. The south frontage road access to Bull Mountc:in Road shall be eliminated and shall become a dead end road which provides not more than one access to the site on the south side of the site and sufficient room for turning movements of emergency vehicles. All access from this direction will be eliminated if the City Engineer determines, based on his review of the site plan, that it encourages through-traffic. The frontage road paving from Bull Mountain Road south to the site access shall be removed and a five foot wide sidewalk shall be constructed from the site's southern-most property line to Bull Mountain Road (ODOT Contact: Lee Gunderson, phone 229-5002; City Contact, Gary Alfson, phone 639-4171). 2. The northern frontage road leading to Canterbury Square shall be closed. An occupancy permit for the project will not be issued prior to completion of the ODOT-MSTIP project scheduled for the Canterbury Lane/ Canterbury Square Street and intersection improvements. 3. Standard half-street improvements (including a full size left turn lane) including concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement and utilities, including sanitary sewer, storm drainage and streetlights, shall be installed along the Bull Mountain Road frontage. Improvements shall be constructed to major collector street standards of the City of Tigard and shall conform to the alignment of the existing adjacent improvements. The street improvements shall include a left turn lane on Bull Mountain Road the length of the subject property which shall provide access to both the applicant's driveway and the future shared access of this site and the adjacent lots to the west. 4. Additional right-of-way shall be dedicated to the public along the Bull Mountain Road frontage to increase the right-of-way to 33 feet from centerline. The description shall be tied to the existing right-of-way centerline. The dedication documents shall be on City forms and shall be approved by the City Engineering Section. Dedication forms and instructions are available from the Engineering Section (Contact: Jon Feigion, phone 639-4171). 5. The applicant shall be allowed access to Bull Mountain Road at this time with the number and location to be approved by the City Engineer (Contact: Gary Alfson). RESOLUTION NO. 88- SI I 6. The applicant shall provide for internal "stacking" of vehicles waiting for service from the site. There shall be no off-site stacking of vehicles awaiting service from the site (Contact: Keith Liden, phone 639-4171). 7. A profile of Bull Mountain Road shall be provided from 300 feet west of the site to the east side of Highway 99W. The profile shall show the existing grade of Bull Mountain Road and a future grade that meets Washington County standards for a major collector street. Two-thirds street improvements shall be constructed where a revised vertical alignment is required to meet the current design standards. Two-thirds street improvements shall include half-street improvements (including a full sized left turn lane) and a 12 foot lane and 3-foot gravel shoulder on the north side of the centerline. The construction of the vertical realignment' portion shall be coordinated with the Oregon State Highway Division's Canterbury Square project improvements; i.e. , the elimination of the north frontage road. 8. The applicant shall provide connections of proposed buildings to the public sanitary sewer system. A connection permit is required to connect to the existing public sanitary sewer system (Contact: Brad Roast, phone 639-4171). 9. The applicant shall provide for roof and parking lot rain drainage to the public storm water draining system to prevent run-off to the adjacent properties. The applicant shall provide a method of transferring all storm drainage water from the site to the storm system on Bull Mountain Road. No drainage shall be allowed to flow into the system presently serving the King City area (Contact: Gary Alfson) . 10. Joint use and maintenance agreement shall by executed and recorded on City standard forms for all common driveways. Agreements shall be referenced on and become part of all applicable parcel deeds. The agreement shall be approved by the Engineering Section prior to recording (Contact: Jon Feigion). 11. The applicant shall reimburse the City any permit fees which the City must pay in obtaining permits from Washington County and the Oregon State Highway Division for work required by these conditions (Contact: Gary Alfson). 12. A one-foot reserve strip granted to the City of Tigard shall be provided along the frontage of Bull Mountain Road, except in the areas of driveway access (Contact: Jon Feigion). 13. Seven sets of plan and profile public improvement construction plans and one itemized construction cost estimate stamped by a registered professional civil engineer detailing all proposed public improvements shall be submitted to the Engineering Section for approval. Two sets of profile plans shall be submitted for preliminary review prior to submittal of final plans. Construction of the proposed public improvements shall not commence until after the Engineering Section has approved public improvement plans. The Section will require a 11h0 percent performance assurance bond, or a letter of commitment, payment of a permit fee and a sign installation/streetlight fee. Also, the executing of a street opening permit for construction compliance agreements shall occur prior to, or concurrently with, the issuance of an approved public. improvement plan (Contact: Gary Alfson). RESOLUTION NO. 88- SI Page 8 14. The applicant shall comply with all applicable .noise standards. Compliance with such standards shall be demonstrated prior to issuance of a building permit. The car wash shall operate only within the hours of 7:00 AM to 10:00 PM (Contact: Keith Liden). 15. The proposed free-standing sign height and size shall be revised to conform with the Community Development Code requirements. Sign permits shall be obtained from the City prior to installation of any sign (Contact: Keith Liden or Deborah Stuart). 16. The partition survey and legal descriptions for both parcels shall be submitted for Planning Director approval, prior to recording with Washington County (Contact: Jon Feigion). • 17. This approval is valid if exercised within one year of the final approval date. The Council further orders that the City Recorder send a copy of the final order as a notice of final decision in this matter. PASSED: This as nd day of =88. ATTEST: Mayer - City of Tigard CouA'tci L 40.i Cl-+-+a • - C Deputy Recorder - Ci y of Ti rd APPROVED AS TO FORM: Ate. _%.dL / 1cxv) City Recorder 4 ' Jl Date 4 ht/6541D RESOLUTION NO. 88- fl Page 9 4 Aug. 14, 1989 lit AUG 19 PP1 4 35 Tigard City Council Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Dear Members of the Council: We wish to enter in writing our opposition to the application by Texaco, File No. CU 87-03/M1F 87-09, to place a gas station and convenience store at the foot of Bull Mountain Road, just off of Highway 99. This intersection is already dangerous. We have observed numerous accidents at this location. We believe that a commercial use that would create less traffic would be more appropriate. There are already a large number of convenience stores within the immediate neighborhood of this location, and we feel that another one is not needed. We also oppose the land partition proposed for this parcel of land. With two parcels to be commercially developed at this location, the flow of traffic through the intersection of Bull Mountain and Highway 99 is sure to become a calamity. Yours very truly, ;44' ---- 4.47,.),..„) Sandra and Thomas E. Mintner 12425 SW Corylus Ct. Tigard, OR 97224