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LUBA1991-133 - Bernard McPhillips, Marge Davenport BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON AL:G 3u Bernard A. McPhillips, an individual ) Marge Davenport, an individual (Power of Attorney for Mr. McPhillips)) LUBA No W / 3 3 Petitioner, vs ) City of Tigard, ) Respondent ) Notice of Intent to Appeal 1. Notice is hereby given that petitioner intends to appeal that 'land use decision of respondent entitled Ordinance No. 91-22 which da s became final on Aug 13(or 30 lNer)(date not available) and which involves "Approving an amendment to the Tigard Comprehensive Plan Transportation Map by changing designation of Naeve Street from minor collector to local and by adding minor collector connections from 109th Avenue at Murdock Street to Pacific Highway opposite Royalty Parkway and between 100th and 109th Avenues North of Hoodview Drive (CPA 91-0002 requested by NPO #6 (and designating 109, a local street, as a minor collector between Canterbury Lane and Pacific Highway.' it Petitioner, Bernard A McPhillips and Marge Davenport, (POA) is repre- sented by self with name of attorney to be supplied later Address of Petitioner,-"is 15100 SW 109th Tigard, OR 97224 Phone is (503)639-5637 Respondent, City of Tigard has as its mailing address and telephone number: Attorney Timothy Ramis, 1722 IN Hoyt, Portland, Or 97209--2280 C. ql:)3 Iq I Fro, III Applicant: (No Developer) NP0,16a part of Tigard City Government was not represented by an attorney. Address is same as City's) Other persons mailed written notice of the land use decision by Tigard City, as indicated by its records in this matter, include NPO #3,(address same-:as City's) Anyone designated in paragraph III of this Notice who desires to participate as a party in this case before the Land Use Board of Appeals must file with the Board a Motion to Intervene in this proceeding as required by OAR 661-10-050. -CERTIFICATE OF SERVICE I hereby certify that one I served a true and correct copy of this Notice of Intent to Appeal on all persons listed in paragraphs 11 and 1I1 of this Notice pursuant to OAR 661-10-015 (2) by' first class mail. Dated.: AFFIDAVIT OF MAILING STATE OF OREGON j County of Washington ) ss. City of Tigard ) I, OCZ411-e&me hereby certify: (Please Print) That I am a wow for the City of Tigard, Oregon. That I served notice of the Tigard City Council r,eW rd ~o r C~:9. Q C ' L UB,q 91 -13`7 of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the a~ day of 19~1~ , by mailing to each of them at the address shown on the attached list (Marked Exhibit B), said not/ice is hereto attached, and deposited in the United States Mail on the g Y' day of , 19postage prepaid. Prepared Notice Subscribed and sworn to before me this day of _ t4- 19 4 . 0 t p NOV,R Notar Public of Oregon X513 My Co fission Expires. 5 MY CO .S' i 1.1,AY 5, 1995 Mailed otice/Delivered to Post Office Subscribed and sworn to before me this day of , 191L. OFFICIAL SEAL kj P,. j0AFJ';N'HAYgS VOTARY PUSUC-0•R ! Notary blic of Oregon • •,5 Q !SSlora Iv.Q, oQ55g3 My commission Expires: h{u~Y CC • :ysi EXPiRFS;MA1'$ jbq h:\login\cathy\afofmail hkir. O'DONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222-0402 FAX: (503) 243-2944 DATE: September 23, 1991 TO: Cathy Wheatley, City Recorder City of Tigard FROM: Michael C. Robinson, City Attorney's Office RE: LUBA No. 91-137 I have reviewed the record as to form. My comments and answers to your questions are found below. The record is enclosed. 1. Add "index and record" to the cover sheet below the LUBA number. 2. The record should also be served on the Petitioner's attorney. You may, but are not required, to serve a copy on NPO 6. 3. Regarding Mrs. Davenport's appeal, we do not have to serve a copy on her because we have not been served with a "Notice of Intent to Appeal." In any event, the two matters will probably be consolidated. 4. You should add certificates of filing and service at the end of the record. I have enclosed a form for your use. 5. I have spoken with John Acker about the Planning Commission exhibits. As long as the Planning Commission exhibits were actually placed before the City Council, they should be included. Original Memorandum to: Cathy Wheatley, City of Tigard Copy to: City of Tigard/Community Development File MCR:dd 9/23/91 Enclosures ma\dgaxd\90=+4Vubarmm= MEMORANDUM CITY OF TIGARD, OREGON TO: Michael C. Robi4so FROM: Cathy Wheatley, City Recorder DATE: September 19, 1991 SUBJECT: Luba Filing No. 91-137 Mike, attached is the draft record for LUBA reference the above- captioned. Please note: • I have numbered exhibits only. I will number the pages once you've had a chance to review and determine if all exhibits are appropriate. • Once you have completed your review I'll bind the copies and place a label on the front cover. • I understand that I should send the original file to LUBA, a copy to the petitioners attorney (Jim Bean), and a copy to you with a file copy here at City Hall. QUESTION: Since we have not been officially notified of Marge Davenport's appeal, through her attorney, do we have to prepare a copy for them? yye- Also, should be send a copy to NPO 6? Thanks. h:\login\cathy\luba CITY OF TIGARD OREGON September 24, 1991 Land Use Board of Appeals of the State of Oregon 100 High Street, S.E. Suite 220 Salem, OR 97310 Re: Robert C. Luton vs. The City of Tigard LUBA No. 91-137 Enclosed please find the Index and Record for the above-referenced appeal. If I can provide any further information or be of assistance in any way, please do not hesitate to contact me. Catherine Wheatley City Recorder c: Michael C. Robinson, O'Donnell, Ramis, Crew & Corrigan James H. Bean, Petitionerts Attorney NPO 6, c/o Sue Carver, Chair 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 p x~ 71t 7t 7k if*7k*]k*~E 7k*7k*******~Y****~F*JC***7FA*A*****X*****7t**7k A~fC***'JrA A**A A**A BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OR OREGON ROBERT C. LUTON, ) Petitioner, ) VS. ) LUBA No. 91-137 Index and Record CITY OF TIGARD, ) Respondent. ) s Certified to be a True Copy of Original on file w:-6h-1,08A - By: tol City Recorder l City of Tigardj Date: COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 APPLICANT: NEIGHBORHOOD PLANNING ORGANIZATION 6 (NPO 6) I, Catherine Wheatley, City Recorder for the City of Tigard, certify that the contents within are a true copy of the record. C4 4 Ll 141 Catherine Wheatley, City ecorder Date tuba i d TABLE OF CONTENTS Paste Statement Certifying the Record of Proceeding i Table of Contents ii-iv Exhibit No. 1 8/23/91 letter from John Acker 1-3 to Robert Luton & 8/23/91 (date received) letter from Robert Luton to John Acker 2 8/16/91 DLCD Notice of Adoption 4-5 3 8/16/91 letter to Mr. Robert Luton 6 from John Acker 4 8/15/91 Affidavit of Posting 7 5 8/13/91 City Council Meeting Recap 8-11 6 8/13/91 City Council Agenda 12-14 7 8/13/91 Testimony Sign-In Sheet for 15 Council Meeting 8 8/13/91 - Ordinance No. 91-22 16-21 9 8/13/91 - Council Minutes 22-36 10 8/13/91 - Council Agenda Item Summary 37 Sheet 11 8/13/91 - Staff Report to Tigard City 38-42 Council 12 8/13/91 - Copies of overhead projector 43-46 images used for Council meeting 13 8/12/91 letter from Robert C. Luton to 47 City Council 14 8/9/91 letter from Dennis M. Odman to 48-51 Tigard City Council 15 8/8/91 letter from Lenore A.. Schuster 52 to Tigard City Council 16 8/8/91 letter from Robert Luton to 53 • Tigard Planning Commission ii Page 17 8/8/91 Affidavit of Publication - 54 Council Agenda Synopsis for 8/13/91 Meeting 18 8/1/91 Affidavit of Publication - 55 Public Hearing Notice for Comprehensive Plan Amendment CPA 91-0002 (NPO 6) 19 7/30/91 letter from Robert C. Luton to 56 John Acker 20 7/22/91 Planning Commission Roll Call 57 21 7/22/91 Planning Commission Minutes 58-62 22 7/22/91 Planning Commission Testi- 63 mony Sign-In Sheet for Planning Commission Meeting 23 7/22/91 Planning Commission Agenda 64 24 7/22/91 letter from Lenore A. Schuster 65-66 to Planning Department 25 7/22/91 Staff Report to Planning 67-73 Commission 26 7/17/91 letter from Jane Huffman to "To 74 Whom it may concern" 27 7/11/91 Affidavit of Publishing - Public 75 Hearing for Comprehensive Plan Amendment CPA 91-0002 28 7/10/91 letter from John Acker to Robert 76 and Marta Luton 29 7/10/91 NPO 3 Minutes 77 30 7/8/91 letter from Robert and Marta Luton 78 to Tigard Planning Commission 31 7/8/91 letter from Randall R. Wooley to 79 Sue Carver 32 6/28/91 - Request for Comments from the 80-89 Tigard Planning Department 33 6/27/91 - Notice of Proposed Action (to 90-91 DLCD) iii Pacte 34 6/26/91 letter from Wayne K. Kittelson 92 to Mr. Ross Woods 35 6/25/91 Comprehensive Plan Transportation 93-104 Map Amendment for the 109th/Naeve Area 36 6/25/91 Comprehensive Plan Amendment.... 105-106 Application 37 Notication List for All Applications 107-108 38 6/91 - Supplemental Traffic Impact 109-117 Analysis - prepared by Kittelson & Associates, Inc. 39 Undated page of notes + miscellaneous 118-122 maps iv .t CITY OF TIGARD August 23, 1991 OREGON Mr. Robert Luton P.O. Box 8041 Black Butte Ranch, OR 97759 RE: Response to letter received 8/23/91 Mr. Luton: As I informed you on August 13, the City council decision on CPA 91-02 is appealable to the Oregon Land Use Board of Appeals (LUBA) in Salem, with an appeal period of 21 days from the date of the City Council decision. ordinance 91-22 was approved and signed on August 13, 1991. LUBA offices are located at 100 High Street NE Suite 220, Salem, OR 97310. Information can be obtained by calling 373-1265. I have enclosed a packed of informational material from the LUBA office. If I can be of further assistance, please don't hesitate to call or write. Sincerely Jo Acker sociate Planner LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE # 13125 SW Hall SNd_ P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171 1 RECEIVED PLANNING AUG 2 3 199 MR. JOHN ACKER CITY OF TIGARD DEAR MR. ACKER: I RECEIVED YOUR LETTER REGARDING THE PACIFIC HIGHWAY ROAD ALIGNMENT. WOULD YOU PLEASE ADVISE ME AS TO WHAT RIGHTS OF APPEAL I HAVE OF THE COUNCIL DECISION AND PROVIDE ME WITH ANY FORMS OR INFORMATION YOU WOULD DEEM APPROPRIATE FOR APPEAL PURPOSES. THANK , CC: ROBERT PALMER, LINDSAY, HART, ETC. 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L.,. d~,r f':;~i'i,:.V ~r.l 4.:,:.:h, \ 1 4.1v1'1 v,: 7..c'r: ,,l; fi• ?:1~' 1,_',.",.i:"r..• !'~'~~'.i' ,',t; ~a'~:"`: `i a'v'h~ iY~~rI:PA~~'f'✓ ~nYt~•~;'C°'~;' till j,j ~~,r•' i i s~'q'. c::r:rrc.?. ,i',S1tti?'t:..,.'••,..a ';yy~,1li'':w1:J"` If Notice of Proposal was Not Sent to DLCD 45 Days Prior to the Final Hearing, Please Indicate Why:- Statewide Planning Goals are inapplicable Emergency Circumstances Required Expedited Review List Statewide Goals Which May Apply: List any State or Federal Agencies, Focal GovernA nt or Local Special Service Districts Which may-be Interested in or-Impacted by the Adoption: Direct Questions and Comments To: Y. : (Phone) lo3°J^¢17~ Send To: Department of Land Conservation and Development 1175 Court Street,.:N.E Salem,-Oregon9731070590 py_of;the-:Adopted Action to-this Porn and/or three (3) Copies of .Attach Oae_(1):.Co Bound Materials and Maps Largex_than 8.1/2 by-.11 Inches. NOTE:_ If..more_copies of this form are. needed, please contact the DLCD office at 373-0050, or this form may be duplicated on green paper. Failure to provide notice - of - an adopted -plan'or--land- use- regulation- amendment results in an extension of the appeal period.---- Appeals may be filed within 21 days of the date the proposal is mailed to DT-CD. Statutes-require-mailing within 5 days.of_ the action becoming final (See OAR-66.0-18-040): - - - I* A- -FOR DLCD OFFICE USE.* DLCD File Number- <pa>adoptform _ LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE # 5 • CITY OF TIGARD OREGON August 16, 1991 Hr. Robert Luton P.O. Box 8041 Black Butte Ranch, OR 97759 RE: Result of CPA 91-02, 109th/Naeve Hr. Luton: As you requested, I am informing you that the Tigard City Council voted to approve the Comprehensive Plan Transportation Hap amendment proposal (CPA 91-02) in the vicinity of 109th Avenue and Naeve Street. The proposal was amended by adding language concerning the so called Sattler Street Extension, to state that the design of this street may vary from adopted City standards. I have enclosed a copy of the ordinance as adopted. If I can be of further assistance, please call or write. Sincerely, Jo Acker, sociate Planner LUBA FILING - CITY OF TIGARD ; EXHIBIT # PAGE $ (9 13125 SW Hall Blvd„ P.O. Box 23397,TIgard, Oregon 97223 (503) 639-4171 CITY OF TIGARD, OREGON • AFFIDAVIT OF POSTING In the Matter of the Proposed inc~~ce s. Ctl-aa. qt-a3 Q1-DA QI-as C- oA Q t a c~ STATE OF OREGON j County of Washington ) ss City of Tigard ) I• (IRdj~ axlhAh begin first duly sworn, on oat , depose and say: That I posted in the- following public and conspicuou places, a copy of ordinance Number (s.) q I-aa , x1-23 _ q+`2q j q-a s, (o which- were adopted the- Council Meeting dated copy(s)-of said ordinance(s) being hereto at ached and by reference made a part hereof, on the J~ date of klkkA 1991. 1. Tigard Civic Center, 13125 SW Hall Blvd.., Tigard, Oregon 2. Washington Federal Saving Bank, 12260 SW Main.,St., Tigard, Oregon 3. Safeway Store, :Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon ALMA Subscribed and-sworn to before me this date of , 19 QI OFFICIAL SEAL vy\ - \V 0-.~ .1-LV._ M.JOANNHAYES Notary ublic for regon ' NOTARY PUBLIC-OREGON COMMISSIONNO.006513 MY COMMISSION EXPIRES MAY 5. 1995 my. Commission Expires : MA&A 57) 11 1 Y5 h:\1ogin\jo\cwpost LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE # I i q CITY OF TIGAkb OREGON RECAP STUDY SESSION Councilor Eadon Vacates Council Position Effective 1011191 City Councilor Carolyn Eadon will vacate her position on the Tigard City Council effective October 1, 1991. Councilor Eadon cites changes in her personal situation as the reason for her decision. She states: "I have always held in high regard my association with the City of Tigard. My resignation is not based on any dissatisfaction with any Council actions or policy issues. I believe I have been privileged to serve with one of the finest municipalities in the State of Oregon." In her tenure on the Council, Councilor Eadon served as council liaison to the Library, and Park and Recreation Boards and the Planning Commission. As Council's representative, she was Chair of the city's Historic District Committee. She also served as the city's representative on the Metropolitan Area Cable Commission (MACC) and on the MACC Budget Committee. Councilor Eadon has served on the Tigard City Council since April 1986 after being elected in March 1986 to fill the unexpired term of Ima Scott. She was re-elected twice - in November of 1986 and November 1990. Under city charter provisions, the City Council is required to fill the vacated seat by appointment until an election can be held. The next election available that meets requirements is March of 1992. The city charter precludes the person appointed to serve until the election from being a candidate for the position. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:45 p.m. under the provisions of ORS 192660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. • LUBA FILING - CITY OF TIGARD MIBIT a PAGE $ VISITOR'S AGENDA • James Drake, 10480 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council deliberation of Item 7.1 (Parking Restriction Ordinance - Highland Drive) • Terry Tollen, 245 S.W. 2nd Street, Sherwood, OR requested an. out-of-sequence consideration of a Comprehensive Plan Amendment for zoning of property he owns in the Tigard Triangle area. Mayor and City Administrator advised this area is currently being reviewed by the City; in fact, Council recently authorized a consultant agreement for development of a Tigard Triangle Master Plan. Mr. Tollen was advised to contact the Community Development Director to talk about rezoning. • Jane Miller, 10920 S.W. Highland Drive, Tigard, OR 97224, noted cars parked with "For Sale" signs on or near the Town Square property as well as a number of sandwich board signs. She asked whether this was in violation of the sign ordinance. Staff will review and report findings to Council and also contact Ms. Miller. • Morey Williams, 10225 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council on deliberation of Item 7.1 (Parking Restriction Ordinance - Highland Drive) CONSENT AGENDA: The following items were approved: 3.1 Approve Council Minutes: July 9, 16, and 23, 1991 3.2 Receive and File: Council Calendar 33 Approve Chamber of Commerce Lease and Authorize the Mayor to Sign 3.4 Authorize City Administrator to enter into agreement with . James M. Montgomery Consulting I* Engineers for water systems study. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 (NPO 6) A request by NPO #6 to amend the Comprehensive Plan Transportation Map by designating new minor collector roadways in the little Bull Mountain area. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock. Street; the extension would curve across the south slope of little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled "Sattler Extension". is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. The Comprehensive Plan Transportation Map would also be amended by changing the designation of Naeve Street. from minor collector to local street. Public hearing was opened. City Engineer summarized the staff report after which Sue Carver, Chair of NPO 6, reviewed the process which culminated in the recommendation now before Council. Council then heard public testimony: The Summerfield Civic Association noted their support of the proposal- There was testimony from several individuals noting concerns with the change of potential street alignments. In particular, the Sattler Street designation as a minor collector and its alignment was contested. After closure of the public hearing, Council adopted Ordinance No. 91-22 as presented with amendment to Note 10 on the proposal as follows: The design of the Sattler Extension may vary from the adopted City standards for minor collectors. The purpose of the amended language would be to give property owners more flexibility in developing the land. Mayor Edwards noted "No" on the ordinance noting that e believed the NPO did a good job in their development of the proposal; however, he was concerned that COUNCIL RECAP -AUGUST 13, 1991 -PAGE 2 LUBA FILING - CITY OF TIGARD EXHIBIT # S PAGE x 9 the Murdock/Hoodview/Kable Streets could be_ utilized more fully in the future planning to share in the traffic increases. AMLUBDMSION SUB 1-0008 FOUR D CONSTRUCTION (NPO 3 City Council review of Hearings fficer decision approving subdivision SUB 91-0008 Four D Construction subject to condition No. La regarding the improvement of SW Walnut Street. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: South side of SW Walnut Street, south and east of SW 116th Avenue. (WCTM 2S13AC, tax lots 400, 501, 900, & 1000) APPLICABLE REVIEW CRITERIA: Tigard Community Development chapters 18.160, and 18.164. Public hearing was opened City Engineer summarized. Staff recommended that Council amend the Hearings Officer decision on this subdivision to require half street improvements to a portion of Walnut Street. The Hearings Officer decision gives the developer the choice of making street improvements or signing a waiver of remonstrance. This portion of Walnut Street is in the County's jurisdiction and County and City requirements differ. After receiving public testimony from the developer, Council approved a motion to uphold the Hearings Officer's decision. Councilor Johnson voted "No" and cited problems with non-remonstrance agreements in the past. DRAFT' HEARING STUDY REPORT - INTERSTATE 5 AT HIGHWAY 217 f ffitUSE WAY INTERCHANGE The Oregon Department of Transportation (ODOT) released its Draft Hearing Study Report for the Interstate 5 at Highway 217/Kruse Way Interchange project. The Report contains ODOT's recommendations for the design of the project.. ODOT has requested approval of the draft report and the recommended design by the local jurisdictions. After local jurisdiction approvals have been received, ~e project will proceed to detailed final design. Currently, ODOT expects to begin construction on Phase of the project in 1993. After hearing a presentation from ODOT representatives explaining the design recommendations, Council approved Resolution No. 91-61 endorsing the Draft Hearing Study Report's conclusions and stating specific City concerns to be addressed in the final design. COUNCIL CONSIDERATION OF PARKING ORDINANCES • Highland Street - Council consideration on prohibited parking for a portion of Highland Street was tabled to a future Council meeting. After hearing testimony from Mr. James Drake who was opposed to the parking restrictions and from Mr. Morey Williams who was in favor of "No Parking," Council requested more staff review. Council specifically requested a Police Department evaluation of the safety issues. Council passed the following Ordinance restricting parking on portions of the following streets: • Bonita Road - Ordinance No. 91-23 • Greenburg Road - Ordinance No. 91-24 • McDonald Street - Ordinance No. 91-25 • COUNCIL RECAP - AUGUST 13, 1991 - PAGE 3 LUBA FILING - CITY OF TIGARD EXHIBI? z PAGE p RESIDENTIAL PARKING ZONE Chief Goodpaster summarized this item. Over the past year the Police Department has worked with the hool District and the neighborhoods adjacent to the high school to restrict student parking in the esidential area. The student parking causes a variety of problems for the neighborhood and other methods including letter writing, directed police patrols, walking a beat by the SRO's and School District newsletters, have not been effective. The proposed program is designed after City of Portland and Salem programs and will eliminate student parking in the residential areas. An informal vote was held of the 243 affected residents and over 50% of the vote was returned and over 60% were in favor of creating this zone. Costs to establish is approximately $8,000. Revenues will be received from fines and permits to help offset the costs. Council discussion followed. Mayor Edwards said the School District should fund the cost of implementation; he also noted his discomfort with imposing the parking restrictions on everyone. Council approved Ordinance No. 91-26 with the following condition: the ordinance will be implemented on a one-year trial basis. (Mayor Edwards voted "No.") Resolution No. 91-62 was also approved by Council. (Mayor Edwards voted "No.") EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 11:49 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current W d pending litigation issues. ADJOURNMENT: 12:15 a.m. h:\rtwrdcr\cca\cca813.91 LUBA FILING - CITY OF TIGARD I COUNCIL RECAP - AUGUST 13, 1991 - PAGE 4 EXHIBIT" 5 PAGE # y CITY OF TIGARD OREGON F.. AGENDA d .PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up v . sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (6:00 P.M.) 1. BUSINESS MEETING (7:30 P.M.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: July 9, 16, and 23, 1991 3.2 Receive and File: Council Calendar 3.3 Approve Chamber of Commerce Lease and Authorize the Mayor to Sign 3.4 Authorize City Administrator to enter into agreement with James M. Montgomery Consulting Engineers for water systems study. • ` COUNCIL AGENDA - AUGUST 13, 1991 - PAGE 1 LUBA FILING - CITY OF TIGARD EXHIBIT # b PAGE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 (NPO 6) A request by NPO #6 to amend the Comprehensive Plan Transportation Map by designating new minor collector roadways in the Little Bull Mountain area. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled °Sattler Extension" is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. The Comprehensive Plan Transportation Map would also be amended by changing the designation of Naeve Street from minor collector to local street. • Open Public Hearing • Declarations or Challenges • Staff Report: Community Development Staff • NPO Testimony • Public Testimony: Proponents/Opponents • Recommendation by Staff • Council Questions or Comments • Close Public Hearing • Deliberation by Council: Ordinance No. 91-_ ®r. SUBDIVISION SUB 91-0008 FOUR D CONSTRUCTION (NPO 3) City Council review of Hearings Officer decision approving subdivision SUB 91-0008 Four D Construction subject to condition No. 1.a regarding the improvement of SW Walnut Street. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: South side of SW Walnut Street, south and east of SW 116th Avenue. (WCTM 2S1 3AC, tax lots 400, 501, 900,- & 1000) APPLICABLE REVIEW CRITERIA: Tigard Community Development chapters 18.160, and 18.164. • Open Public Hearing • Declarations or Challenges • Staff Report: Community Development Staff • NPO Testimony • Public Testimony: Applicant/Proponents/Opponents • Recommendation by Staff • Council Questions or Comments • Close Public Hearing • Deliberation by Council: Ordinance No. 91- 6. DRAFT HEARING STUDY REPORT - INTERSTATE 5 AT HIGHWAY 217/KRUSE WAY INTERCHANGE • City Engineer and Oregon Department of Transportation s I COUNCIL AGENDA - AUGUST 13, 1991 - PAGE 2 LUBA FILING - CITY OF TIGARD EXHIBIT 9 PAGE # 13 COUNCIL CONSIDERATION OF PARKING ORDINANCES • Staff Report: City Engineer 7.1 Highland Street - Ordinance No. 91- 7.2 Bonita Road - Ordinance No. 91- 7.3 Greenbug Road - Ordinance No. 91- 7.4 McDonald Street - Ordinance No. 91- 8. RESIDENTIAL PARKING ZONE • Matter will be before the Council, contingent upon voting results. 9. NON-AGENDA ITEMS 10. 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, current and pending litigation issues. • 10. ADJOURNMENT h:\reoorder\cca\cca813.91 I COUNCIL AGENDA - AUGUST 13, 1991 - PAGE 3 LUB_A FILING - CITY OF TIG.ARD EXHIBIT # (a PAGE ~~r3 Please sign in to testify on the following: AGENDA ITEM NO. 4 DATE : 8/13/91 PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 (NPO PLEASE PRINT NAME & ADDRESS NAME & ADDRESS VYL ~ r~F ~ C r : ih¢ to SSiv d~rcYt✓Dr_ C! 3, l S ! 9 ~zz< ,CC7~F F.t~-K 1!;37r s011q01-7"iof VA A~ VS S~ ' 15r-,--P5 Stu ' - P~-Bo ~ ~~U7c J LUBA FILING - CITY OF TIGARD EXHIBIT PAGE l5 S CITY OF TIGARD. OREGON ORDINANCE NO. 91- ;ZA AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF NAEVE STREET FROM MINOR COLLECTOR TO LOCAL AND BY ADDING MINOR COLLECTOR CONNECTIONS FROM 109TH AVENUE AT MURDOCK STREET TO PACIFIC HIGHWAY OPPOSITE ROYALTY PARKWAY AND BETWEEN 100TH AND 109TH AVENUES NORTH OF HOODVIEW DRIVE (CPA 91-0002) REQUESTED BY NPO 46. WHEREAS, the request is to amend the Comprehensive Plan Transportation Map as follows: 1) Change the designation of Naeve Street from minor collector to local. 2) Add an extension of 109th Avenue between Murdock Street and Pacific Highway and designate 109th Avenue between Canterbury Lane and Pacific Highway as minor collector. 3) Add a minor collector connection between 100th and 109th Avenues at a location north of Hoodview Drive. WHEREAS, on December 17, 1990 the City Council authorized NPO #6 to initiate consideration of a Comprehensive Plan amendment focused on transportation issues in the area of 109th Avenue and Naeve Street. WHEREAS, NPO #6 has developed a proposal to address traffic concerns in the Little Bull Mountain area. WHEREAS, the Planning Commission heard the CPA 91-0002 proposal at its regular meeting on July 22, 1991 and recommends approval and also recommends deleting the last sentence of note 10. NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria as noted below: The relevant criteria in this case are Statewide Planning Goals 1, 2, 12, and Tigard Comprehensive Plan policies 1.1.1 a., 2.1.1, and 8.1.1 and applicable Community Development Code sections related to legislative plan amendments. The proposal is consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has an adopted citizen involvement program which includes review of land use applications by neighborhood planning organizations. In addition, this proposal has been reviewed in public hearings by the Planning Commission and by the City Council for which the public has been properly notified. 2. Goal 2, Land Use Planning, is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in the review of this proposal. 3. Goal 12, Transportation, is met because the City has adopted policies related to improving the transportation network and continuing coordination of transportation improvements with other involved agencies. ORDINANCE No. 91- a LUBA FILING - CITY OF TIGARD Page 1 EXHIBIT $ PAGE Q The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policy 1.1.1 a. is satisfied because the proposed amendment to the Comprehensive Plan will not affect compliance of the City's acknowledged Plan with the Statewide Goals. 2. Policy 2.1.1 is satisfied because Neighborhood Planning Organization #6 and #3 have been notified of the hearing and have commented on the proposal and a public notice has been published including the date, time and place of the hearing. 3. Policy 8.1.1 is satisfied because the proposed amendments to the Comprehensive Plan Transportation Map plan for a safe and efficient street and roadway system that meets current and future needs. SECTION 2: The City Council hereby amends the Comprehensive Plan Transportation Map by 1) designating Naeve Street a local street, 2) establishing a new extension for 109th Avenue from its current terminus south of Murdock Street to Pacific Highway; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway, 3) designating 109th Avenue as a minor collector between Canterbury Lane and Pacific Highway, and 4) establishing a new minor collector street, to connect between 100th and 109th Avenues at a location north of Hoodview Drive as shown in Exhibit " B" SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By 4ZZ-4 0'?ir!ti vote of all Council members present after tieing real by num er and title only, this day of 1991. ~ - 1 i/L~ / Catherine Wheatley, City Rec der APPROVED: This ( day.of 1. Ger Edwards, Mayor Approved as to form: Ci Attorney / 3 Am 6- g( Date JA/CPA91-02.0RD LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE $ ORDINANCE No. 91-0 Page 2 -low w-~ ~..~..r.~....._ The City o f GAARDE ST. MCDONALD ST. TIGARD Ordinance No. 91-13 Map adopted 06/11/91 X i s t i 11g Comprehens i ve yl~ P 1 a n T r a n s p o r tali on Map BUII MOUNTAIN LN. EXHIBIT A Arterial Major Collector Collector N9F BATTIER 'Of S T . NOTE : 'Study area. PX T reap only, for full map see ORD. v 91_.13. 4. V 0111111 1111 1 m1► r1,r 1111• . ~ O R 11111n t1n,11 „ IA1 111, 11 1111x1 ullllrlrl c111rr- 01 SUMMERF I ELD tIS) 111111r1~ 1111r- mottle 0ofIr1,/1 I/r1 111j 11 1111n111 11 Ir Q 1111 111A 1111111n11 N 0 R T ➢ 11tD1i111 111/1r Q- In11r,r11111r1 1111 11 1111rn1n11 11 11x1, R D w v r R xrr 10 1 DURHAM IA1 wc.riv.~ rr.y ~r~rs.r~ra...~r►rri.~•s+a i•• 0 I O D (0 / / 11 / 1 1 ) LUBA FILING - CITY OF TIGARD EXHIBIT # S PAGE # 19 COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES These notes are a part of the Comprehensive Plan Transportation Map and are intended to provide direction as to the kind and extent of transportation improvements which are to occur within the designated study areas. 1. Scholls Ferry Road to be realigned to connect with Davies Road. Upon completion of the realignment, the existing roadway east of Davies Road shall become a local street with a cul-de-sac terminus at the northwest end_ 2. Study area to determine a future connection between the Walnut/132nd intersection and the Gaarde1121st intersection. A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report. An indirect connection of minor collectors has been recommended by NPO #3- 3. Approximate alignments are shown for the extensions of 132nd Avenue south of Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west of 132nd Avenue. These streets are to be designed as minor collectors with a design speed of 25 m.p.h.-4. Study area to determine a connection from southbound Pacific Highway (99W), to Main Street. 5. Study area to determine the afzgnment of (1) a minor collector street connection between 68th Parkway near Red Rock Creek and the Dartmouth Street extension, and (2) a minor collector street connection between 72nd Avenue at Hampton Street and the Dartmouth Street extension, within the westerly portion of the Tigard Triangle. 6. Study area t6determine the alignment of connections between Highway 217, Kruse Way, 1-5 and the Tigard Triangle- 7--- Connections between Hunziker Street, Hall Boulevard at O'Mara Street (generally) and Bonita Road_ " 8. Study area to consider extension of Hall Boulevard southward to conned with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. LUBA FILING - CITY OF TIGARD EXHIBIT $ Q PAGE tr I`'j dcsec•..r.sie~~.armt.~.~.o~~+a+r.c..r..+l.•e.+~r..~.rirs.►++aMr.-srr r.rr _ r: r~...~ ,.:~.~...1.•yl.s.._s~.~....`~ The City o f GAARDE ST, McDONAID ST, T I G A R D See NOTES on back of page, Proposed Revision T o Comprehensive ~m Plan ~BUII_•,.~.MOUNTAIN EN Transportation b4ap ~ Q EXHIBIT B 0 s --1 Arterial Ma'or C o 1 I e c t o r BATTLER Minor Collector ST. NOTEonl tudyf area. ma o v SEE NOTE 10, fu11 map 'see ORD. 91-13r V 01,1111 1111 1 rn11 r1,rl rlr• Q O R IIIIIn IIn, 1111 IAI 1111 S 111 E R E I E L D 11 11,111 Y1111111, 611,11- ~r_ 1 t IS~11/1111r111 !t m1111n ,Ir 111111 SI1I1I1rm 1 O nl, 11 IIIIn111 le 11 R Y111 1111 1111111 n1) ' N U R T n 1111111/1 111//1 Inlll,11111111 1111 p 11 lllllnl nll 1, DUI\HAM l, 11 11,111. RD IVP `.r1i. s/rryrrar...yl ryr^.•IL,ry •N - 0 10 0 X 0 1/ I A/ 1 I) LUBA FILING - CITY OF TIGARD EXHIBIT # 8 PAGE # aU COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES. -1. Scholis Ferry Road to be realigned to connect with Davies Road_ 2. Study area to determine a future connection between the Walnut/132nd intersection and the Gaarde/121st intersection- A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report An indirect connection of minor collectors has been recommended by NPO #3- 3. Approximate alignments are shown for the extensions of 132nd Avenue south of Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west-of 132nd Avenue. These streets are to be designed as minor collectors with a design speed of 25 m.p_h.. 4. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street 5. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rock Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. 6. Study area to determine the alignment of connections between Highway 217, Kruse Way, 1-5 and the Tigard Triangle. -7- Connections between Hunziker Street, Hal Boulevard at O'Mara Street (generally) and Bonita Road. 8. Study area to consider extension of Halt Boulevard southward to connect with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) -10. An extension of Sattler Street from 100th Avenue to 109th Avenue intersecting 100th Avenue at a point approximately 200 feet north of the existing Sattler Street intersection. An extension and realignment of 109th Avenue south of the _ Sattler Street extension, to intersect Pacific Highway at Royalty Parkway. The realigned 109th Avenue shall intersect Naeve Street at a point approximately 250 feet to 450 feet east of Pacific Highway. _ (Amendment to Note 10 per Council Action 8/13/91) The design of the Sattler Street Extension may vary from the adopted City standards for minor collectors. _ LUBA-FILING - CITY OF TIGARD. EXHIBIT # g PAGE # I Council Agenda Item • T I G A R D C I T Y C O U N C I L MEETING MINUTES - AUGUST 13, 1991 Meeting was called to order at 6:11 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Valerie Johnson and John Schwartz. Staff Present: Patrick Reilly, City Administrator; John Acker, Acting Senior Planner; Jim Coleman, Legal Counsel; Loreen Edin, Administrative Services/Risk Manager, Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel (present during Study Session only); and Catherine Wheatley, City Recorder. STUDY SESSION Councilor Eadon Vacates Council Position Effective 10/1/91 City Councilor Carolyn Eadon will vacate her position on the Tigard City Council effective October 1, 1991. Councilor Eadon cites changes in her personal situation as the reason for her decision. She states: "I have always held in high regard my association with the City of Tigard. My resignation is not based on any dissatisfaction with any council actions or policy issues. I believe I have been privileged to serve with one of the finest municipalities in the State of Oregon." In her tenure on the Council, Councilor Eadon served as council liaison to the Library, and Park and Recreation Boards and the Planning Commission. As Council's representative, she was Chair of the city's Historic District Committee. She also served as the city's representative on the Metropolitan Area Cable Commission (MACC) and on the MACC Budget Committee. Councilor Eadon has served on the Tigard City Council since April 1986 after being elected in March 1986 to fill the unexpired term of Ima Scott. She was re-elected twice - in November of 1986 and November 1990. Under city charter provisions, the City Council is required to fill the vacated seat by appointment until an election can be held. The • next election available that meets requirements is March of 1992. CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 1 LUBA FILING - CITY OF TIGARD EXHIBIT # q PAGE Q oZ a The city charter precludes the person appointed to serve until the election from being a candidate for the position. Council discussed process questions with Legal Counsel Tim Ramis and the City Administrator. Mr. Ramis will prepare a report on legal requirements for council meetings and other process-related issues when choosing a Council appointee. Consensus of the Council was to meet the first week of September to determine how to make this selection. Executive Session: The Tigard City Council went into Executive Session at 6:45 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Council reconvened into the Study Session at 7:10 p.m. Agenda Review Council briefly reviewed agenda items: • Item 3.4 - City Administrator noted that the maximum dollar amount for the agreement with James M. Montgomery Consulting Engineers on the water study was $34,000. • Council made note of the written testimony submitted to them during the Study Session for Agenda Item 4, Comprehensive Plan Amendment CPA 910002. Executive Session: The Tigard City Council went into Executive Session at 7:16 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Council convened into the Business Meeting at 7:30 p.m. BUSINESS MEETING • Non-Agenda: Council Vacancy - Mayor Edwards announced that Councilor Carolyn Eadon will be vacating her Council seat as of October 1, 1991, citing personal reasons for this decision. Council will be deliberating on an interim appointment as specified in the City Charter. An election for Council Position 3 will be held in March 1992. Mayor Edwards further advised that the person selected by the Council as interim Councilor would be precluded from running for the vacated seat because of Charter provisions. CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 2 LUBA FILING - CITY OF TIGARD EXHIBIT # G PAGE lur 3 2. VISITOR'S AGENDA • James Drake, 10480 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council deliberation of Item - 7.1 (Parking Restriction Ordinance - Highland Drive) • Terry Tollen, 245 S.W. 2nd Street, Sherwood, OR requested an out-of-sequence consideration of a Comprehensive Plan Amendment for zoning of property he owns in the Tigard Triangle area. Mayor and City Administrator advised this area is currently being reviewed by the City; in fact, council recently authorized a consultant agreement for development of a Tigard Triangle Master Plan. Mr. Tollen was advised to contact the Community Development Director to talk about rezoning. • Jane Miller, 10920 S.W. Highland Drive, Tigard, OR 97224, noted cars parked with "For Sale" signs on or near the Town Square property as well as a number of sandwich board signs. She asked whether this was in violation of the sign ordinance. Staff will review and report findings to Council and also contact Ms. Miller. • Morey Williams, 10225 S.W. Highland Drive, Tigard, OR 97224 requested to testify before Council on deliberation of Item 7.1 (Parking Restriction Ordinance - Highland Drive) 3. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by - Councilor Johnson, to approve the following Consent Agenda items: 3.1 Approve Council Minutes: July 9, 16, and 23, 1991 3.2 Receive and File: Council Calendar 3.3 Approve Chamber of Commerce Lease and Authorize the Mayor to Sign 3.4 Authorize City Administrator to enter into agreement with James M. Montgomery Consulting Engineers for water systems study. The motion- was approved by a unanimous vote of Council present. 4. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 (NPO 6) A request by NPO #6 to amend the Comprehensive Plan Transportation Map by designating new minor collector roadways in the Little Bull Mountain area. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 3 LUBA FILING - CITY OF TIGARD EXHIBIT # q PAGE # a Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled "Sattler Extension" is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. The Comprehensive Plan Transportation Map would also be amended by changing the designation of Naeve Street from minor collector to local street. a. Public hearing was opened. b. There were no declarations or challenges. C. City Engineer summarized the staff report submitted in the Council packet. The Engineer referred to a map of the area, noted traffic figures projected for the area, and gave a brief synopsis of the NPO review process. City Engineer reported that the NPO review included looking at the possibility of extending existing streets; this idea was discarded, however, because of the steep grades. He responded to Mayor Edwards' questions concerning the level of exploration of utilizing other streets (i.e., Rable versus Sattler) in the proposed changes. City Engineer reported on the decision making process and advised impact to existing development and future development was considered. The NPO and Planning Commission recommend approval of the proposed Comprehensive Plan Transportation Map amendment. d. Sue Carver, Chair of NPO 6,-reviewed the process which concluded with the recommendation now before Council. She noted the initiation of this proposal was as a result of the Triad development proposal. When Triad's request was turned down, the NPO saw the opportunity to plan for a road system prior to development. This proposed comprehensive plan amendment, Ms. Carver advised, received approval from the Oregon Department of Transportation. She advised that the majority of people in contact with her through the process have advised that the compromise on the traffic pattern in the area was acceptable. Mayor Edwards discussed the process with Ms. Carver. In response to his questioning, Ms. Carver advised that City Staff had been present at every meeting where this issue was discussed over the last seven months. There was discussion on upgrading Rable and Hoodview Streets and whether this was explored fully. The desire of the NPO was to open up as many routes as possible to diffuse the traffic. CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 4 LUBA FILING - CITY OF TIGARD EXHIBIT Cr PAGE m a 5 City Engineer noted the upgrade to Kable and Hoodview Streets would be difficult. Kable and Hoodview are developed residential areas. • Howard Graham, 9410 S.W. Lakeside Drive, Tigard, Oregon, testified that he was President of the Summerfield Civic Association Board of Directors. He advised they strongly endorsed the proposal. He commended the NPO and City Staff on their conclusions. • Richard Watson, 10290 S.W. Highland Drive, Tigard, Oregon, advised he was in support of the proposal. He advised it appeared to be a workable solution noting the need to look to future growth and for reasonable and safe access for this area to Pacific Highway. • Ross Woods, P. O. Box 88070, Seattle, WA 98138, noted his support of the proposal. He advised he would like to see the turmoil over the transportation issues in this area end and noted with development in the area, a great portion of the transportation improvements could be built with developer dollars. He noted that a portion of the improvements would probably be eligible for funding under the Transportation Improvement Fund program through Washington County. • Bev Froude, 12200 S. W_ Bull Mountain Road, Tigard, Oregon, advised she was the NPO 3 representative; NPO 3 voted unanimously in support of the proposal. The NPO feels it is a good compromise. The NPO advocates a change to the plan: They request that Naeve Road be closed at Highway 99 rather than have a right-hand turn lane. The major concern of NPO 3 is that all of the road should be built if Triad develops their property. ("both the northern part be opened and the new extension to Royalty Parkway be built as a condition of the development...") Ms. Froude noted Sattler Road should not be required to be built as there have been no plans brought forth to develop this property. Councilor Johnson questioned the recommendation of the closure of Naeve Road at Highway 99. Ms. Froude responded it was for safety considerations and cited existing traffic problems such as accidents and the stop lights which are not synchronized on Highway 99. • Jim Hughes, 8485 S.W. Tolman Street, Portland, Oregon, advised he was representing the family which owns approximately five acres at the proposed connection to . Pacific Highway. He advised that it was his CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 5 LUBA FILING - CITY OF TIGARD EXHIBIT # q PAGE # understanding that it was very likely property would be developed up the road much faster than the his client's commercial property would be developed. He said this dovetailed with the previous testimony requesting that the whole road be developed at the same time. He noted City Engineer's comments that there may be ways to fund the road before development. Mr. Hughes advised that his client's property has been for sale for several years for commercial purposes and no imminent prospects have been -identified. Increased density up above may increase interest in his client's property. He advised his client would not have the ability to fund improvements to the road without development identified at the same time. Mayor Edwards asked City Engineer to clarify his earlier comments on funding. City Engineer responded that one of the options discussed was the "reimbursement district concept" wherein public funds could be used and development would pay its share later as development occurred. In response to Councilor Schwartz, City Engineer responded that public right-of-way would need to be acquired and if the City was building- ahead of development, the City would have to pay for the right-of- way. This may be part of the reimbursable costs. • Dennis Odman, 621 S.W. Morrison, Portland, Oregon, advised he represented Mr. Ferd Wardin who owns the largest section of land that the proposed Sattler Extension would cross. He noted that even though the road was shown in approximate placement this would greatly impact Mr. Wardin's property because of existing housing and development. Mr. Wardin is opposed to the Sattler Extension of the proposal and its status being changed to a minor collector. Mr. Odman referred to his letter of August 9, 1991, outlining his client's concerns with the comprehensive plan amendment. He also advised that his client had not been notified of the NPO meetings. (This letter is on file with the packet meeting material.) There was brief discussion with Councilor Johnson and Mayor Edwards on the impact to Mr. Wardin and future development plans. • John Slaughter, 15055 S.W. 100th Street, Tigard, OR 97224, noted his objections to the proposal. Mr. Slaughter advised he had not been He said Rable and Hoodview were already wide streets and advised that Rable . could be extended with less problem than what was being CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 6 LUBA FILING - CITY OF TIGARD EXHIBIT # q PAGE Q Q:7 proposed. He noted cost of construction for the proposed streets would be tremendous. There was discussion with councilor Johnson concerning the placement of the Sattler Street Extension alignment on the map. The road design and placement would be determined at the time a development is proposed. • Jane C. Szalboryt, 15435 S.W. 114th Court, #101, Tigard, Oregon signed in to testify, but declined to make any comments. • Al Erickson, 15200 S.W. 109th, Tigard, Oregon testified in opposition. He said that utilization of Murdock Street would be more logical. He does not want the proposed improvements to go through his property and said he prefers the gravel road on Naeve Street. • Larry and Laura Crotski, 10305 S.W. Hoodview Drive, Tigard, Oregon cited agreement with most of the testimony heard in opposition. While agreeing with long-range planning, there was no clear indication of who would be served by the Sattler extension. • Tom Gillihan, 10275 S.W. Hoodview, Tigard, Oregon, testified against the Sattler extension, noting that he thought this was premature. • Marge Davenport, 15100 S.W. 109th, Tigard, Oregon, advised she was not opposed to long-range planning but this proposal had not been given enough consideration. She said the proposal was not well thought out and there were too many problems ; the concerns of the neighbors had not be adequately considered. She said she had contacted the State Highway Department director for this area who indicated they were not aware of discussions for a connection from this area to Beef Bend Road. Ms. Davenport disputed traffic projections given by the City Engineer and advised the figure would be higher. She advised of traffic safety concerns. Ms. Davenport noted concerns with property near Pacific Highway drawing attention to how this property would be affected if divided as shown on the map. Ms. Davenport said that not enough consideration had been given to Rable and Hoodview streets to alleviate traffic in the area. She noted that some of the NPO 6 members lived on these streets. CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 -.PAGE 7 LUBA FILING - CITY OF TIGARD EXHIBIT a PAGE a Q 'V City Engineer, at Councilor Schwartz's request, responded that he had been in contact with and received the information for his report to Council from Mr. Don Adams of ODOT. Mr. Adams is the Region Engineer for ODOT; to go higher, the director in Salem would have to be contacted. Traffic figures are dependent on the number of apartments built at the Triad site. • Clyde Roarke, 15371 S.W. 114th, #108, advised he lives at the Fountains Condominiums in Summerfield and does not support the proposal. When they bought their property the plan called for the property adjacent to be commercially developed with traffic flowing on Naeve. The road from Royalty Parkway to access Naeve would require a five percent grade. Projections, he said, were for 1,000 cars per day which would pass by their houses. He cited that the major reason for the road to Royalty Parkway is because the State does not want to put a traffic signal at Naeve Road on Highway 99. He suggested the city could use its influence to put in a traffic signal at Naeve Road. He said the facts do not justify the expense for putting a road in and causing the negative impact to the property owners. • Emmy Lou Lawrence, 15085 S.W. 100th, Tigard, Oregon advised her family formerly owned the Wardin property. She noted concerns with notification process. She advised the property now owned by Mr. Wardin should be allowed to be developed in a manner that would be pleasing. Rebuttal - NPO 3 • Sue Carver responded to comments presented during public testimony. With regard to previous testimony, she noted no member of the NPO lived on Kable Street and one member lives on Hoodview. • The following written testimony had been submitted to the Council (this material is in addition to the letters attached to the staff report which were submitted with the Council packet): - August 9, 1991 letter from Dennis M. Odman, Attorney from Allen, Fellows, Livingston & Greif - August 8, 1991 letter from Robert and Marta Luton - August 12, 1991 letter from Robert C. Luton City Engineer noted he had spoken with Mr. Luton by telephone on 8/12/91 to answer questions. - August 8, 1991 letter from Lenore A. Schuster CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 8 LUBA FILING - CITY OF TIGARD EXHIBIT i q PAGE r a 4 e. Recommendation by Staff: City Engineer noted the history of discussions concerning traffic in the neighborhood with no obvious or easy solutions. The recommendation before Council tonight may not have been the one selected if there were not already existing development and streets in the neighborhood. Staff supports the recommendation of the NPO as the best solution with the current situation. There are areas of concern which need further study and detailed engineering at the time of development. Impacts on adjoining properties of how to best fit the roads with proposed development must be addressed. This will be provided for during the hearings process with potential appeals to the City Council. City Engineer advised that the plan proposed by the NPO addresses concerns heard with regard to trying to provide good access to 'developing properties while still protecting the already developed properties from through traffic. The plan provides good circulation and addresses emergency vehicle access through the neighborhood and protecting Highway 99W from adding more entrances. He advised that the State was recommending that the number of entrances be diminished to protect the safety and capacity of Highway 99W. From staff's review in working with the State, past developers, and with the NPO, staff feels the plan meets necessary criteria as well as any plan submitted and staff recommends approval. In response to a question from Councilor Johnson, City Engineer responded that the Sattler extension would be near the north property line. He noted the substandard jog in the alignment to the south which was necessary because if it were to go farther north, it would impact existing development. Consideration was given to how the property could be developed, given the zoning designation in the area. f. Public hearing was closed. g. Council comments. Council discussed, at length, the area involved and included in their remarks consideration of impacts to the neighborhood and ascertained the depth of consideration given to additional routes for the transportation system in this area. CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 9 I LUBA FILING - CITY OF TIGARD i EXHIBIT i G PAGE n 2(7 Councilor Johnson noted NPO 6's effort to be proactive; that is, they attempted to plan long-range for transportation in the area. She cited the need to consider Hoodview and Kable extensions to the west. (It was noted during discussion that local streets are not shown on the Transportation Map.) She advised she was least comfortable with the recommendation on Sattler Street to be designated as a minor collector but, in weighing testimony, it appeared that this was the better alternative when attempting to diffuse traffic impact in the neighborhood. Mayor Edwards advised that, although he commended the NPO for their work on this issue, he could not support the proposal. He said all roads should be opened up in the area for all neighborhoods to share in the transportation needs. He was concerned that the Murdock/Hoodview/Kable Streets could be utilized more fully in the future planning to share in the traffic increases. Councilor Schwartz advised that he felt the NPO had looked at all alternatives carefully and, given the current development and terrain, the proposal before Council was one which he could support. He noted concerns with the Sattler Street extension and the recommendation that-this street be a minor collector. Discussion followed on the Sattler Street extension. Council expressed a desire to amend language on "Note 10" of the proposed map. The purpose of the amendment would be to give the property owner(s) more flexibility in developing the land. Council recessed the meeting at 10:05 p.m. to give legal counsel and staf f the opportunity to craf t language reflecting Council's intent for Note 10. Meeting was reconvened at 10:12 p.m. Motion by Councilor Johnson, seconded by Councilor Schwartz, to amended Note 10 as follows: "The design of the Sattler Street extension may vary from the adopted City standards for minor collectors." The motion was approved by a 2-1 vote; Mayor Edwards voted "No." CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 10 LUBA FILING - CITY OF TIGARD EXHIBIT PAGE 3 h. ORDINANCE NO. 91-22 - AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF NAEVE STREET FROM MINOR COLLECTOR TO LOCAL AND BY ADDING MINOR COLLECTOR CONNECTIONS FROM 109TH AVENUE AT MURDOCK STREET TO PACIFIC HIGHWAY OPPOSITE ROYALTY PARKWAY AND BETWEEN 100TH AND 109TH AVENUES NORTH OF HOODVIEW DRIVE (CPA 91-0002) REQUESTED BY NPO 6) i. Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve Ordinance No. 91-22 as amended. Ordinance was approved by a 2-1 vote; Mayor Edwards voted "No." 5. SUBDIVISION SUB 91-0008 FOUR D CONSTRUCTION (NPO 3) City Council review of Hearings Officer decision approving subdivision SUB 91-0008 Four D Construction subject to condition No. 1.a regarding the improvement of SW Walnut Street. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: South side of SW Walnut Street, south and east of SW 116th Avenue. (WCTM 2S1 3AC, tax lots 400, 501, 900, & 1000) APPLICABLE REVIEW CRITERIA: Tigard Community Development chapters 18.160, and 18.164. a. Public hearing was opened. b. There were no declarations or challenges. C. City Engineer summarized. Staff recommended that Council amend the Hearings Officer decision on this subdivision to require half street improvements to a portion of Walnut Street. The Hearings Officer decision gives the developer the choice of making street improvements or signing a waiver of remonstrance. This portion of Walnut Street is in the county's jurisdiction and County and City requirements differ. d. Public Testimony: • Dale Deharpport, 6767 S.W. 158th, Beaverton, Oregon, advised he was the developer on the property. He recounted the history of the differing City and County requirements and the resulting confusion. He advised that to have this 200 feet of right-of-way improved at this time would not serve to benefit the community. He recommended that a non-remonstrance agreement be endorsed by him, as -the developer, with the standards of improvements on Walnut Street be done at County requirements. • CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 11 LUBA FILING - CITY OF TIGARD EXHIBIT z G PAGE u 30~ • Patricia Rudnick, 11320 S.W. Walnut Street, Tigard, Oregon, advised she had not been notified of this development in the past. She advised she had concerns with the development on the property. Mayor Edwards advised Ms. Rudnick that testimony at this hearing must be limited to the transportation issues. Ms. Rudnick then advised she supported.Mr. Deharpport's testimony. e. City Engineer noted staff's recommendation was to amend the Hearings Officer decision. The staff recommendation is outlined in the Council Agenda Item Summary. f. Public hearing was closed. g. Motion by Mayor Edwards, seconded by Councilor Schwartz, to uphold the Hearings Officer decision as written because of confusion with City and County standards as outlined during testimony. The motion was approved by a 2-1 vote; Councilor Johnson voted "No" citing* problems with non-remonstrance agreements in the past. 6. DRAFT HEARING STUDY REPORT - INTERSTATE .5 AT.. HIGHWAY 217/KRUSE WAY INTERCHANGE a. The Oregon Department of Transportation (ODOT) released its Draft Hearing Study Report for the Interstate 5 at Highway 217/Kruse Way Interchange project. The Report contains ODOTIs recommendations for the design of the project. ODOT has requested approval of the draft report and the recommended design by the local jurisdictions. After local jurisdiction approvals have been received, the project will proceed to detailed final design. Currently, ODOT expects to begin construction on Phase I of the project in 1993. b. After hearing a presentation from ODOT representatives explaining the design recommendations, Council approved Resolution No. 91-61 endorsing the Draft Hearing Study Report's conclusions and stating specific City concerns to be addressed in the final design. C. RESOLUTION NO. 91-61 - A RESOLUTION APPROVING THE RECOMMENDATION OF THE HEARING STUDY REPORT FOR THE I-5 AT 217/KRUSE WAY INTERCHANGE PROJECT, WITH CONDITIONS d. Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve Resolution No. 91-61. i CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 12 LUBA FILING - CITY OF TIGARD EXHIBIT q PAGE # _33 The motion was approved by a unanimous vote of Council present. 7. COUNCIL CONSIDERATION OF PARKING ORDINANCES a. Highland Street - Council consideration on prohibited parking for a portion of Highland Street was tabled to a future Council meeting. After hearing testimony from Mr. James Drake who was opposed to the parking restrictions and from Mr. Morey Williams who was in favor of "No Parking," Council requested more staff review. Council specifically requested a Police Department evaluation of the safety issues.. b. ORDINANCE NO. 91-23 - AN ORDINANCE AMENDING TMC 10.28.130(72) PROHIBITING PARKING ON A PORTION OF SW BONITA STREET. Council discussed "No Parking" throughout the City in general. Councilor Schwartz noted his concerns with limiting the ability of residents to have parking available to them near their homes. Motion by Councilor Johnson, seconded by Councilor Schwartz to approve Ordinance No. 91-23. The motion was approved by a unanimous vote of Council present. C. ORDINANCE NO. 91-24 - AN ORDINANCE AMENDING TMC 10.28.130(41) PROHIBITING PARKING ON A PORTION OF S.W. GREENBURG ROAD. Motion by Councilor Johnson, seconded by Mayor Edwards, to approve Ordinance No. 91-24. The motion was approved by a 2-1 vote; Councilor Schwartz voted "No." d. ORDINANCE NO. 91-25 - AN ORDINANCE AMENDING TMC 10.28.130 PROHIBITING PARKING ON A PORTION OF SW MCDONALD STREET. Motion by Councilor Johnson, seconded by Mayor Edwards, to approve Ordinance No. 91-25. The motion was approved by a 2-0-1 vote; Councilor Schwartz abstained from voting. • CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 13 LUBA FILING - CITY OF TIGARD EXHIBIT f G 3C PAGE ZE 8. RESIDENTIAL PARKING ZONE a. ' Chief Goodpaster summarized this item. Over the past year the Police Department has worked with the School District and the neighborhoods adjacent to the high school to restrict student parking in the residential area. The student parking causes a variety of problems for the neighborhood and other methods including letter writing, directed police patrols, walking a beat by the SRO's and School District newsletters, have not been. effective. The proposed program is designed after City of Portland and Salem programs and will eliminate student parking in the residential areas. An informal vote was held of the 243 affected residents and over 500 of the vote was returned and over 60% were .in favor of creating this zone. Costs to establish is approximately $8,000. Revenues will be received from fines and permits to help offset the costs. b. Council discussion followed. Mayor Edwards said the School District should fund the cost of implementation; he also noted his discomfort with imposing the parking restrictions on everyone. C. Council consensus was that this issue would be revisited in one year; the first year will be on "trial basis." C. ORDINANCE NO. 91-26 - AN ORDINANCE AMENDING CHAPTER 10.28 AND CHAPTER 10.32 OF THE TIGARD MUNICIPAL, CODE TO AUTHORIZE AND TO PROVIDE FOR THE. ESTABLISHMENT OF RESIDENTIAL PARKING ZONES Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve Ordinance No. 91-26. The motion was approved by a 2-1 vote; Mayor Edwards voted "NO." d. RESOLUTION NO. 91-62 - A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING A RESIDENTIAL PARKING ZONE FOR THE CITY STREETS AROUND THE TIGARD HIGH SCHOOL INCLUDING 87TH; 88TH; 92ND; 93RD; MARTHA; MILLEN; STRAFORD LOOP AND COURT; AVON STREET AND COURT; AND JULIA PLACE. Motion by Councilor Schwartz, seconded by Councilor Johnson, to approved Resolution No. 91-62. The motion was approved by a 2-1 vote; Mayor Edwards voted "No." CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991-PAGE 14 LUBA FILING - CITY OF TIGARD EXHIBIT z G PAGE A 3 cL 10. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 11:49 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 11. ADJOURNMENT: 12:15 a.m. Attes Catherine Wheatley, City Re rder r, City of-Tigard Date: Iq ccm813.91 CITY COUNCIL MEETING MINUTES - AUGUST 13, 1991 - PAGE 15 LUBA FILING - CITY OF"TIGARD EXHIBIT # PAGE # (o COUNCIL AGENDA ITEM_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ENDA OF: AUGUST 13. 1991 DATE SUBMITTED: August 5. 1991 *SSUE/AGENDA TITLE: CPA 91-0002 PREVIOUS ACTION: AUTHORIZATION TO 109th AND NAEVE 1 INITIATE COMP PLAN PROCESS 12/17/90 PREPARED BY: JOHN ACKER DEPT HEAD OK CITY ADMIN OK-REQUESTED BY: t ISSUE BEFORE THE COUNCIL A request by NPO #6 to amend the Com~rehensive'Plan Transportation Map in the vicinity of Little Bull Mountain including 109th Avenue and Naeve Street. STAFF RECOMMENDATION It is recommended that City Council approve the proposed amendment; with the suggestion that the last sentence in Note 10 as originally proposed by NPO #6, not be included: - [The opening of 109th Avenue at the top should be contingent upon development of the properties to the east of 109th Avenue.]" INFORMATION SUMMARY At the December 17, 1990 meeting, the City. Council authorized NM #6 to explore amendment options for improving the Comprehensive Plan Transportation Map in the area of Little Bull Mountain. After many meetings at which numerous citizens and property owners have participated, NPO #6 is proposing an amendment to the Comprehensive Plan Transportation Map which would extend 109th Avenue as a minor collector from its current terminus south of Murdock Street to cific Highway at the existing intersection of Royalty Parkway. Naeve Street, currently a nor collector would be changed to a local street designation. A new minor collector street, labeled Sattler Extension, would also be added between 100th and 109th Avenues at a location north of Hoodview Drive. Also included is a proposed note (Note #10);. that describes the proposed amendment as well . as establishes approximate locations. As originally proposed, the language of Note #10 included a sentence which.spoke to timing of the 109th extension. Staff, NPO #6, and the Planning Commission are all now suggesting that Note #10 be added without this final sentence. Note #10 would therefore read as follows: "10. An extension of Sattler Street from 100th Avenue to 109th Avenue intersecting 100th Avenue at a point approximately 200 feet north of the existing Sattler Street intersection. An extension and realignment of 109th Avenue south of the.Sattler Street extension, to intersect Pacific Highway at Royalty Parkway. The realigned 109th Avenue shall intersect Naeve Street at a point approximately 250 feet to 450 feet east of Pacific Highway." At its July 22, 1991 meeting, the Tigard Planning Commission recommended that the City Council approve the proposed amendment. The proposal is not unanimously supported by the surrounding property owners, however. Please refer to the letters from abutting property owners Lenore Schuster, Robert and Marta Luton and Jane Huffman, included in this report. PROPOSED ALTERNATIVES ~e staff report and comments by adjoining property owners. FISCAL NOTES See the report for financial considerations. LUBA FILING - CITY OF TIG_aRD EXHIBIT z ~Q PACE J'7 STAFF REPORT AUGUST 13, 1991 - 7:30 TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 91-0002 REQUEST: An amendment to the Comprehensive Plan Transportation Map. Naeve Street, currently a minor collector, would be changed to a local street designation. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street to Pacific Highway; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway. Also, a new minor collector street, labeled "Sattler Extension-, is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. COMPREHENSIVE PLAN DESIGNATION: The area where transportation amendments would occur includes General Commercial and Medium-high, Medium and Low density residential. ZONING DESIGNATION: The area where transportation amendments would occur includes General Commercial and Residential at 25, 12 and 3.5 units per acre. APPLICANT: Neighborhood Planning Organization #6 OWNER: Various Sue Carver, Chair 10155 S.W. Hoodview Drive Tigard, Oregon 97223 LOCATION: The area where the transportation amendments would occur is generally bounded by Pacific. Highway, Durham Road, 100th Avenue and Murdock Street. (WCTM 2S1 10 AC, AD, DA, DB, DC and DD, and WCTM 2S1 11BC and CB) STAFF REPORT - CPA 91-0002 - 109TH AND NAEVF PAGE 1 LUBA -FILING - CITY OF TIGARD-. EXHIBIT 111 PAGE A R 2. Background Information On December 17, 1990, the Tigard City Council authorized Neighborhood Planning Organization (NPO) #6 to initiate consideration of a Comprehensive Plan Amendment focused on transportation issues in the area of SW 109th Avenue and Naeve Street. Subsequently, the Tigard Engineering Department developed several conceptual plans for a street system in the study area. The study area was defined as the area bounded by Pacific Highway on the west, Murdock Street on the north, 100th Avenue on the east and the Summerfield development on the south. NPO #6 discussed the options at their meetings in March, April and May of 1991. Affected property owners were invited to attend and participate in the discussions. Following discussion at the May meeting, the NPO voted to initiate formal consideration of the specific Comprehensive Plan Transportation Map amendment proposed in application CPA 91-0002. The Tigard Planning Commission conducted a public hearing on July 23, 1991. After hearing testimony, the Planning Commission voted S yes to 1 no to recommend to the City Council that the proposed Comprehensive Plan Transportation Map amendment CPA 91-0002 be approved and that the last sentence of Note 10 be deleted which was proposed to read: -The opening of 109th Avenue at the top should be contingent upon development of the properties to the east of 109th Avenue." • 3. Vicinity Information On the existing Comprehensive Plan Transportation Map, Naeve Street is designated as a minor collector street between Pacific Highway and 109th Avenue. Sattler Street is designated as a minor collector street east of 100th Avenue. These two minor collector streets, along with Canterbury Lane to the north of the study area and Summerfield Drive to the south, provide primary access routes to this area under the existing plan. In general, the easterly portion of the study area is designated for low density residential development. The westerly portion is designated for multi-family residential development with some commercial zoning along Pacific Highway. A number of large parcels within the study area have potential for redevelopment. 4. Proposal Information The NPO and others have been concerned about potential traffic impacts of future development in the vicinity of Little Bull Mountain. Specifically, there is concern that future development will result in unacceptable levels of traffic in the areas of existing residential development. There is also concern about provision of adequate safe access to Pacific Highway. • STAFF REPORT - CPA 91-0002 - 109TH AND NAEVE PAGE 2 LUBA FILING - CITY OF TIGARD EXHIBIT z 11 PAGE i _3q This proposal seeks to address those-general concerns by changing the designation of Naeve Street from minor collector to local street and by adding an extension of 109th from Murdock Street to Pacific Highway and a connection between 100th and 109th Avenues north of Hoodview Drive. The new connections would be designated minor collectors on the Comprehensive Plan Transportation Map. Attached exhibits A and B show, respectively, the existing Comprehensive Plan Transportation Map and the map as it would appear if this proposal is adopted. 5. Agency and NPO Comments NPO #3 has no objection to the proposal but has the following comment: The extension of 109th from Murdock Street to Pacific Highway should be constructed as a single unit when development occurs. NPO #3 also suggests that Naeve Street be closed at Pacific Highway when 109th extension is constructed. CPO #4 has no objection to the proposal but has the following comment: The extension of 109th from Murdock Street to Pacific Highway should be constructed as a single unit when development occurs. The Sattler Street extension should also be constructed as a single unit when development occurs in that vicinity. Portland General Electric, Northwest Natural Gas and the Tigard School District have reviewed this proposal and has no objections to it. . Tualatin Valley Fire and Rescue has reviewed this proposal and has the following comment: The fire district agrees with the plan amendment. They, however,, propose that 109th be left open, (i.e., they apparently would prefer to see 109th connected to the new 109th extension). The Tigard Water District has no objection to the proposal but makes the following comment: The water district has an 8 inch water line running from Pacific Highway to SW 109th on SW Naeve Street. There are three services off that line, one to The Fountains, and one each to houses on the corner of SW Naeve and 109th. 6. Staff Comments The Tigard Police Department has no objections to the proposal but makes the following comment: "Leaving an open intersection at Naeve and 109th is vital for responses in and out of the area.- The Engineering Department has the following comments: -We support the revisions to the Comprehensive Plan Transportation Map as proposed by NPO #6. The plan will provide improved traffic circulation in the neighborhood. The plan addresses concerns raised by the NPO and others in conjunction with past development proposals in the area of 109th and Naeve Street. • STAFF REPORT - CPA 91-0002 - 109TH AND NAEVE PAGE 3 LUBA^FILING - CITY OF TIGARD EXHIBIT # if PAGE If 40 Proposed Note 10 serves to clarify the routes of the proposed streets and we support this revision too. However, we do not understand the reason for the final sentence in the proposed note; the sentence which requires that a portion of 109th not be opened until properties to the east are developed. We would prefer to see the plan for 109th implemented as early as possible. Completion of the 109th connection is important to implement the goals of (1) balanced traffic circulation for the neighborhood, (2) emergency vehicle access between Little Bull Mountain and Summerfield, and (3) discouraging of through traffic between Naeve Street and Summerfield. The City Engineer recommends adoption of the amendment as proposed by NPO #6 except for the final sentence of proposed Note 10. The final sentence is recommended to be deleted." No other comments had been received at the time this report was written. B. FINDINGS AND CONCLUSION The relevant criteria in this case are Statewide Planning Goals 1, 2, 12, and City of Tigard Comprehensive Plan policies 1.1.1 a., 2_1.1, 8.1.1, 8.1.2, and applicable Community Development Code sections related to legislative plan amendments. .Staff concludes that the proposal is consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has an adopted citizen involvement program which includes review of land use applications by neighborhood planning organizations. In addition, this proposal will be reviewed in public hearings by the Planning Commission and by the City Council for which proper notification is publicized. 2. Goal 2, Land Use Planning, is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in the review of this proposal. 3. Goal 12, Transportation, is met because the City has adopted policies related to improving the transportation network and continuing coordination of transportation improvements with other involved agencies. Staff concludes that the proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policy 1.1.1 a. is satisfied because the proposed amendment to the Comprehensive Plan will not affect compliance of the City's acknowledged Plan with the Statewide Goals. 2. Policy 2.1.1 is satisfied because Neighborhood Planning Organization #6 and #3 have been notified of the hearing and have been give the opportunity to comment on the proposal. STAFF REPORT - CPA 91-0002 - 109TH AND NAEVE PAGE 4 LUBA FILING - ITTY OF TIGARD EXHIBIT a 1 PAGE a • 3. Policy 8.1.1 is satisfied because the proposed amendments to the Comprehensive Plan Transportation Map plan for a safe and efficient street and roadway system that meets current and future needs. D. RECOMMENDATION Based on the findings and conclusions stated above, it is recommended that the City Council approve Comprehensive Plan Amendment 91-0002 to amend the Comprehensive Plan Transportation Map as shown on the attached Exhibit "B". It is further recommended that, because the safety and efficiency of the transportation system would be better served with early implementation of the 109th Avenue extension portion of this amendment, the final sentence of Note 10 be deleted. g Prep ed by John Acker, Associate Planner Dat ja/CPA91.02 • STAFF REPORT - CPA 91-0002 - 109TH AND NAEVE PACE S LUBA FILING - CITY OF TIGARD EXHIBIT # J~ PAGE € q'A1 The City of TIGARD Street System irit.h Proposed Reviaioaa lttoehmeat ro. 4 l r t e r i• 1 Ila or Collector Collector I PRO 1►I~I I~Y~ ig pITI: Lo t a SY~B~'~ lily eI of o CL03vv8 see~~ro 44 ~i to a ~~r r ~ era ~e~ e e~ ~eo~ n. _ t /t/tl•t 1.1• best r• t•••r A 1.11•• •wll•1 1~• Illt N tlpN NIIN~• 1•xs. 111. 1•l•n•11•• ~►•I /i•~li•t/i•1~• little all 1• i•1••~•/ It 1• 0 A l T t footstool4Wl►tiil 1.1•t/t•1•llt• 111• /•i•~~1••1 It ® ~ t~~ Ilt~t 1 11t•~1. , gn- 1 It/ tll/11/~1) PIN ISO LUBA FILING - CITY OF TIGARD EXHIBIT ~a _ - - ' PAGE # The City of T I GARD BZisting Street System Ittachmost No. 3 it jteri&l 11011,00 tor CoI I ector pK 1~11►~ •~11~77 MIN; •1 T11~►1 ~lllia 1~►1►~■ ►11~))1~1~r~~11~~ ~1~1~ Ii~ll►9Il~rl►~1►1~1~►• ♦~Y ~y i~1►/+►1 1~ 1► 0 ~I~~►il~il~al/i►ii1 x 0 it = I 1~1~►I►~1~111. /~1~ /p;;1 1 1 1111►1$ .4 NOR LUBA FILING - CITY OF' TIGARD EXHIBIT # ~oZ PAGE # 4q OAARDE sT'. MCDONALD sT, The C i ty o i TIGARD ~Ordiaaace Ito. ~i-is Yep adopted 06/11/01 111 s t i na cry Comprehensive' r Pian rtnsportation BULL VOUNTA I N LN V a p . • dttaehmeat I(o. 1 Itt0rial Co~l~ector SATTLER F ST. p NOTI: tad7larea ~ ~11 ma~~tee ~1;A, V 1111!•! ItN • ►•nl► Iof1TIt.r~I t1111~~.1~boor$- UNNERF I ELD ,11. I.I.r.•Il.t I,.1» ~ alt ••11.•►•. Itl.r• , •q 1. Itl•►f•1 h 1• ~0 t..l tlll tlllll.ttl 1.•111.•1 tt1!•r 1/11►,►t111111 loll t1 LN1611•t 1► Ile fill •1 tlltrl. AY 1 Itl ~~ifiiii~1 LUBA FILING CITY OF TIGARD EXHIBIT # PAGE # t.~~ # SIgIHX~ Q2MOIZ SO XSIO - milia ' enq CAAR*DE ST. I~cDOHALD ST . The City of TIGARD See Ii0TE3 on~ ~ Pro osed ! beck of page. ~ p ~ Revision To Comprehensive Plan RO • y BULL MOUNTAIN gyp, Transportation • map ' , Atteelimeat pe. ~ ' A r t or i a l o Collector SATTLERfo lle S T ctor ~ . p NOTS t 8 tud~r area ll SEE NOTE 10 , a1 emop • too°ODD. ~ 1,11„ ,a/ll,/ ~1ttt f~, ffl= ti ' U U M E R F I E L D /Pilo II,Nrs,ll„ ~I 1111 16II94r,. I,f,r- ' ~ 1~~1 1111 ,11111,,,1 (,1,11.,1,111, data is datotalkaj It A U R N A M 116 1111 of fll,rl. MIR (f1f 11 , RD. 1 666 (/1/11/1) L Cbu, K) c C August 12,1991 I CL • City Council City of Tigard City Council Members, j~ I am the owner of approximately 22 acres situated at the intersection of Pacific Highway and Naeve Road. I am unable to attend this evenings Council meeting as I will be out of town. I have had my property listed for sale for the past year and half. The property is zoned General Commercial. The sales representative is Robert A. Bailey a Broker with Bailey Real Estate. Mr. Bailey has indicated that we have had many interested parties for purchasing the property for development but since the NPO. the Tigard Planning Commission, and now the City Council have recommended that this property be utilized for a road network to facilitate development of other areas of the city, those interested parties have lost interest in negotiating for the purchase of this site. Under the proposed road improvements on my property I have been told by reliable sources that the property will become virtually.undevelopable and therefore its value will greatly diminish. In my discussions with the City representatives they have stated that the City would purchase the property at its fair val.ue.when this road is constructed. Unfortunately, if the City plan is approved my cost • of holding the property as well as maintaining the property (in conformance with City standards) continues to increase. Unless the City agrees to purchase my property shortly after the approval of the transportation plan then I must oppose its adoption, as I will be provided no opportunity to market the property but my costs will continue. Should the Council approve the road transportation plan then I would request.that the Council instruct the City representatives to provide economic information that would provide adequate funding for road improvements in an expediant manner so as not to create economic hardship on any property owner such as I. I would request that the City have adequate funding to acquire all properties that would be adversely impacted by adoption of this plan. Also, it seems that prior to adoption to this plan that the cost to the City, developers, and adjoining land owners should be considered to determine if the plan can ever be implemented in a feasible economic manner which will cause the actual improvements to ultimately be constructed. Sgert ly, OR C. ut on LUBA FILING - CITY OF TIGARD EXHIBIT 1 )3 PAGE # 4`) cc: Randy, City Engineer G ALLEN, FELLOWS, LIVINGSTON & GREIF ATTORNEYS AT LAW USSEL L M. ALLEN 900 Amcrican Bank Building EAST COU\TY: UGLAS Ai FELL.OINS 621 SW Morrison 35`72 PROCTOR BLVD. J. MILFORD FORD PORTLAND. OREGON 97205-3911 P.O. BOX .525 THOMAS J. GREIF. P_C. TELEPHONE (503) 224-4940 SANDY. OREGON 9"055 WILLIAM P. HORTON FACSIMILE NO. (503) 299.6663 TELEPHONT (503) 6653,,33 FARRAND Ai LIVINGSTON. P.C. FACSIMILE (503) 66S-3.02 DENNIS 14 ODMAN MICHAEL P. RYAN -MEMBERS OREGON & WASHINGTON B.ARS 1. GRANT MOODY TODD W WETSEL' GAIL P. VORE (vt~(~i l(l August 9, 1991 fd HAND DELIVERED Cj- C (~-c l- Tigard City Council City Hall 13125 S.W. Hall Tigard, Oregon RE: CPA 91-02 Transportation Map Amendment for the 109th/Naeve Area Dear Members of the City Council: As part of its application for a Comprehensive Plan Amendment, Neighborhood Planning Organization (NPO) No. 6 has proposed a new minor collector street, labeled °Sattle Extension" to connect 100th and 109th Avenues. We represent Mr. Ferd Wardin who owns the largest parcel of undeveloped property that the proposed "Sattler Extension" would cross if the proposal is accepted. Mr. Wardin did not receive notice of the NPO meetings where the long range planning of the street system in this area was discussed. Although a notice was sent to an old business address, that location had been destroyed by fire several years earlier and was not received by Mr. Wardin. No-one from the city or from the NPO ever contacted Mr. Wardin to advise him of the alternatives being considered or of the impact the selected alternative would have to his property. Mr. Wardin did receive a notice of the hearing held before the planning commission on July 22, 1991. He attended that meeting and voiced his opposition to the proposal. He has asked that we call to your attention his concerns, and in particular the effect of adopting the proposed Sattler Extension. Mr. Wardin owns the parcel of property that lies west of 100th Avenue, and across which the Sattler Extension would run. 163 feet of the property fronts on 100th Avenue, but 540 feet to the • west it widens to 328 feet. The property is 1300 feet deep. Two homes are on the property. LUBA FILING - CITY OF TIGARD EXHIBIT T y PAGE a 48 Tigard City Council RE: CPA 91-02 i August 9, 1991 Pacte Two Mr. Wardin objects to that portion of the proposed amendment which would require that Sattler Street be extended to the west across his property and that it be classified as a "minor collector". The basis of his objections are as follows: REDUCTION IN DENSITY Mr. Wardin's property is zoned R 3.5. Harris-McMonagle Associates, Inc., a local engineering firm, projects that the property could be developed into 24 home sites if the current local access road requirement is maintained. Such a requirement would provide that a road through the property would be 50 feet wide with a 34 foot wide improvement (asphalt). If it is mandated that a road across the property be a minor collector, it must then be 60 feet wide with a 40 foot wide improvement. Such an modification would reduce the available building sites on the property to 22. Mr. Wardin projects the actual loss to the owner/ developer that would result from the proposed reclassification to be $120,000. And that does not include the additional cost that would be incurred by the developer to meet minor collector road specifications. This proposed classification will cost Ferd Wardin at least $120,000 at today's values. PROTECTED VEHICLE USE The NPO application projects that only 700 vehicles per day will use the Sattler Extensions, even when the area is fully developed The application admits that "This volume is in the low range for minor collector streets and within the range of tolerable volumes for local streets." A range of 0 - 1500 vehicles per day is suggested for local streets. Mnor collectors should have 500 - 3000 vehicles per day using the street. With the low number of projected daily vehicle uses, a minor collector is not a warranted classification for the Sat-der Extension. Any road that may ultimately be built upon Mr. Wardin's property should be classified as a local street. There will simply not be enough traffic to justify a minor collector. STREET ALIGNMENT The proposed location of the Sattler Extension results in a situation where the extension will not be in alignment with Sattler Street as it is now positioned east of 100th Avenue. Vehicles traveling east on the Sattler Extension will have to make a right turn when it intersects with 100th Avenue, travel south on 100th less than 200 feet, and then make a left turn onto Sattler Street in order to travel on this proposed minor collector. If the Sattler Extension is ultimately placed further south on Mr. Wardin's property, then the distance before fuming left on to Sattler Street will be even less. The City Community Development Code relating to street alignment provides as follows: LUBA FILING - CITY OF TIGARD EXHIBIT Q PAGE a Tigard City Council RE: CPA 91-02 * August 9, 1991 Page Three G. Street Alignment 1. As far as practical, streets shall be dedicated and constructed in alignment with existing streets by continuing the centerlines thereof. In no case shall the staggering of streets making "T" intersections at collectors and arterials be designed such that jogs of less than 300 feet on such streets are created, as measured from the center line of such street- (Emphasis added) Title 18.164.030E The proposed revision relating to the Sattler Extension violates the city's code relating to street alignment. There would be a )og" in the minor collector of far less than the minimum required 300 feet. MURDOCK STREET ALTERNATIVE Murdock Street, a short distance to the north of the proposed Sattler Extension, would be a more appropriate minor collector if one is needed in this area. Murdock Street has already been dedicated and is substantially in place. It connects with 98th Avenue and with 109th Avenue. Traffic could be routed east on Murdock to 98th, then south on 98th to Sattler Street where it could continue south to Durham Avenue or east to Hall Blvd. on a street already designated as • a minor collector. (This would require that the portion of 98th Avenue between Sattler Street and Murdock be designated as a minor collector.) If Murdock Avenue were designated as the minor collector, it would provide a more naturally located collector for the high density housing through which it runs. ADJACENT DRIVEWAY A driveway approximately 300 feet long runs parallel to the north side of Mr. Wardin's property where it fronts on 100th Avenue. That driveway provides access to two homes on the adjacent property. If the proposed Sattler Extension is adopted, an unacceptable situation will result wherein a 25 foot wide driveway will access onto 100th Avenue directly adjacent to a 60 foot wide minor collector. REMOVAL OF EXISTING HONE If the proposed Sattler Extension is approved and the street is aligned on that portion of Mr. Wardin's property suggested as "approximate" on attachment number 4 of the application, one of the homes presently located on the property would have to be removed. Eventual development may require that the house be removed anyway, but it may be possible for the home and the heritage it represents to remain. The developer should have the option of making that decision. To require that a minor collector run through the property would mandate the removal of the house. LUBA FILIA'G - CITY OF TIGARD EMIBIT # 14 PAGE i SO Tigard City Council RE: CPA 91-02 August 9, 1991 Page Four RECOMIAENDATIONS (Alternatives) On behalf of Mr. Wardin we respectfully request that the council consider the following alternate modifications to the NPO No. 6 application: 1. Because of the projected low vehicle use (700 vehicles per day) of the proposed Sattler Extension, any road eventually built upon the property should be designated as a local street and not a minor collector. 2. Murdock Street and that portion of 100th Avenue between Murdock and Sattler should be designated as a minor collector. Any road built across the property owned by Mr. Wardin should be designated as a local street. 3. If the proposed Sattler Extension is adopted as a minor collector, then, . because of the decreased value resulting from the loss of density, the city of Tigard should share in the developer's cost of building the minor collector. • Respectfully Submitted, ALLEN, FELLOWS, LIVINGSTON & GREIF nrris-M.0 dman DMO:t1 cc: Ferd Wardin LUBA FILING - CITY OF TIGARD EXHIBIT Q 14 PAGE II JI ti~ 14962 SW 109th Ave. Tigard, Oregon, 97224 • August 8, 1991 Tigard City Council Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon, 97223 RE: NPO 46 Suggest Revision of the Comprehensive Plan Transportation Map of the City of Tigard Dear Members of Tigard City Council: I would like to go on record as opposing the proposed revisions to the Comprehensive Plan Transportation Map of Tigard to be presented for approval at your meeting on Tuesday, Aug. 13. I would like this letter to be reviewed by the council and written into the record. I am an owner and resident of the 76-unit Canterbury Woods Condominium complex on the east side of 109th where it currently dead ends on the north side of "Little Bull Mountain" I am not writing this letter in an official capacity. However, I have been a board member of our association for the past year and I believe I represent the viewpoint of many of our . residents. I have previously written to you in regard to the proposal of Triad Development Co. stating my opinion that 109th is a dangerous street to be used as a collector or through-street. The proposed opening of 109th at the north end will very definitely impact our area in a negative-way, and the development of the Sattler extension as a collector street as suggested would compound the detrimental effect It almost seems as though we were deliberately "targeted" as the suggested Sattler extension takes a dip northward to go right up to our property line. Since this is a "oeneral plan" with suggested routes, depending on future development, it would have made more sense to show it as a straight line extended from the present Sattler. If future development requires modification it could be renegotiated at that time. As of now our complex ALREADY EXISTS--and 76 households are directly affected. Future developments could consider the plans for an-east-west route when they make their plans-- before building. Z Vy truly ours,. n r Lenore A. Schuster pe 3r AUG 12 LUBA FILING - CITY OF TIGARD EXHIBIT $ )5 PAGE L At tSROBERT AND MARTA LUTON cou "C P.O. BOX 8041 BLACK BUTTE RANCH, ORE. 97759n! ~ ~ X99 O - ~~n a~G -~~CaP'R ; ln, OF• AUGUST 8,1991 TIGARD PLANNING COMMISSION CIO MR. RANDY WOOLEY T 1 CARD, OREGON !t'~ /'~c• - . ~ .'%.''=i) ~ /K_~~i~_ ef? DEAR SIR: I RECENTLY RECEIVED A COPY OF THE PLANNING COMMITTEE MINUTES AND NOTICED THAT A COPY OF THE LETTER RECEIVED BY YOU WAS NOT NOTED AS PROVIDED TO THE COMMISSION. IN A LETTER FROM JOHN ACKER IT STATED THAT MY LETTER WOULD BE PROVIDED TO THE COMMISSION AND IT SEEMS THAT BOTH THE ADJOINING LANDOWNERS AND THE COMMISSION WOULD BE CONCERNED WITH THE ECONOMIC IMPACT TO EACH PROPERTY OWNER IF THIS PLAN IS ADOPTED. AS YOU KNOW, THE PROPOSED REALIGNMENT MATERIALLY AFFECTS THE VALUE OF MY PROPERTY ON WHICH I HAVE BEEN CONSIDERING SELLING OR DEVELOPING FOR COMMERCIAL PURPOSES. IT SEEMS TO ME THAT IF THE NEW ROAD ALIGNMENT WERE TO ADVERSLY AFFECT THE PROPERTY VALUE THAT THE OWNERS WOULD BE ENTITLED TO COMPENSATION FOR THIS LOSS. ARE THEY? HOW WOULD THE OWNERS OF PROPERTY AFFECTED BE TREATED IF THE ROAD ALIGNMENT IS APPROVED AND WHAT IS THE COST TO THE ADJOINING PROPERTY OWNERS? HAS THE CITY COMPUTED THE COST AND METHODS OF FUNDING FOR THE ROAD IMPROVEMENTS? HOW WOULD I BE COMPENSATED FOR THE LOSS OF USE OF MY PROPERTY? WOULD YOU PLEASE RESPOND PRIOR TO THE NEXT COUNCIL MEETING AND PRESENT THIS LETTER TO THEM AS MY OPPOSITION TO THE ROAD ALIGNMENT UNTIL THESE QUESTIONS ARE ANSWERED TO MY SATISFACTION. • SINCER Y, LUBA FILING - CITY OF TIGARD EXHIBIT # 140 PAGE $ 53 TIMES PUBLISHING COMPANY,, o fir Legal P.O. BOX 370 PHONE (603) 884.0380 NIceTT 7023 BEAVERTON. OREGON 87076 Legal Notice Advertising - the';ioll ang~m6ddh ighti~t 'are published for your information. Full.:. . Hall, • City of Tigard I2 E C E I V E D • ';agcntl• ay' c?d6tain'qd::from tho-City Recorder, 13125,S.W . , I.." ❑ Tearsheet N+ r.. P 0 Box 23397 BouTd~at~ai,Ttara;regoil9 223, c by.calling' 639=4171 . ` , • • ..1 :,,;Tilt: 4. 1 f•; • Tigard, 97223 AUG 2 8 11991 • 11 Duplicate Afl" ~B, Sl 1E SS' MEETING',`;''' 1'1 ItJGUST113, 1991 • CITY OF TIGARD • Tl'ARD;G1tT• 'FH'A li•t_ TOWN HALL 1VARD,7IGARD;.OREGON ' r,h,+~; YA..,1~.7~!~•t"; 1:~~~~' I•;:,'t!1`'1)t)if:'17J 1>C;,.,;~;:ti.:.;.; •,!•i.~. tudy; M tiitg'('Ibwn, a ; etenire hoom) (6:00 •P:M)i11.1,,~ ' It, i's qv. AFFIDAVIT OF PUBLICATION rBusines Mceting;(Towp^' STATE OF OREGON, ) ;P b illild"outh H , azngs;.COUNTY OF WA HIN T N ~J ,,,yh' Side; of:' alnut StreC[ (4-D •Constructiori) Judith KneQ,.L• being first duly sworn, ortislnq ' .~,~q;`, ro r . dopose and.say,iat I pr>L he Adv • Comprohensly , la ntlmc 109th and Nneve Director, or his principal clerk, of the gar mes +','~~;,,yytyyrt l p spa;, a newspaper of.9eneral cir lataio as defined In ORS 193.010 ro c +t and 193.020; published atQ in the a1Amr,,1, :,a. ria H hJ t •..u y af~eld eoupty nd state;.tf`at the Parking Ordinances for Highland and Bonita hh o ice o C ty unc Business Meeting a copy printed of which Is hereto annexed, was published in the , or~iract Review Board,,.,. , 1 entire Issue of said newspaper for One successive and "fit'"'1i~ ` ''lifl,i i;: ''r• ">lia ' ` s'•, Executiv6 86siori: , J H consecutive In the following issues: •;:i;The'TlOrd.City Co.uncll will go into Executive Session under tho'; ~+ptovisidns'.of ORS"192.660 (1) (d), (e)','& (h) to discuss labor:rela-' August 8 1991 lions, real property: transaditns; current and pending litigation iss'ues.• r~j , ..h''i,~/M8'!niiwrartavnv.,p,.n.e.,u;wi:^'':,.;,.t,•:k..r,,.., ;•„.vr••.~'.rY i~~, r;.~;:,r . , 023 ,Publish.rAugust 8,.1991, ~ p.•. i',• ;%r-.'l',•; a Subscribed and sworn o before me this 8th day of August, 1991 Notary Public for Oregon My Commleelo xpiros: AFFIDAVIT " 7 TIMES PUBLISHING COMPANY Logal Tr 7021 P.O. BOX 370 PHONE (603) 884.0380 Notice BEAVERTON, OREGON 97076 ' . ; PU$LIC •HEARINt3 • • ' • :r ,!i... • I• Legal Notice Advertising Thb following.•Will be cons~~- dI by, the Tigard Cfry Counctl'on'; '~u's 6re ? dl`thre'''figard Civic Center - Towh,Hall Room;'" • City of Tigard • ❑ Tearsheet Notlc 13.12 Hal 'B vdi; 'lgard,,Oregon,.Furthcr„lnformatlon rnay,be ,d .3u6 ~ e,. e P.O. Box 23397 ; ,o i'n •Otrt"thoJ a ConimlunltgqDCVelopli int DirCctor & City Re6orddr`af"' • Tigard, OR ,97223 • ❑ Duplicate Affida" khe'same'.location calling C3.?,;417I. You are invited, to submit . ,t~ rltten testimb'nI111-'advhn`'l&Aiici ublic hearin w itteri"and oral • f ttdstimb y I ca sfdire4,2,1l 6`Kea=ing'..1he•public public be • y,cbndut 'rcliltnc"c~,~,'~ith~th~d`fi'pplic~bl Ctia~terr: ,8t32~ofltho;~Tignrd 1 'Munl'ci"p°A1 Code and any rules of proccduteo ,ffdiipted 'y>i}i'c'Council and • a!ziilable.=stt,City'~Ih1I ,t' ;r. , •h~"~a,4anJP)..Jt,., f;F~:P,J ~4~1r;~ , 'r T ~,,i,1;,?„~1'~lt~' l;i, `'i{~• ~ r AV. A mill f4p MPREHEN 910002111'"1;1 M A ,0 #6) AFFIDAVIT OF PUBLICATION - - ,r1UA. Wrequest by' PO ff6'to'umend the,Comprehonsive;Plan Transportatlon STATE OF OREGON, ass. ?Y,~ I> ~.C,OIIC AI9 t, I I, no ~i o CtQri;roadways::in'~Eti'a,Litile dull i dn rMtul.n;'sAAo,al31M109;f1~A,o'rlu'o1+!oU'IFb~t'tlx,"tctttlcd as'tr:mtnor r COUNTY OF WASHINGTON s'kuth bf'lvfurdo`&,Strcct; thvextcnsion;.: I, Judith Koehler ;collec orfrom'its c went termihu' would durvo "itcros§ thc'south'slo being first duty sworn, depose and as hat I the Advertising pC'of Little Bull MduntAln, crossing.' Director, or his principal clerk, of the ~'~s~ard Times Naovo1S,tr4dt•'wost•of the Fountains. condom Ihiums and, mccting Pacific a newspaper of general clrculat~Qn as efined in ORS 193.010 Hi tir ity!opposite'ffie',Zzist~,rrg4 ntersdetion'!"of'Royalty Parkway;yln and 163.020, publlohod at 11$ard In tho ndctlfltSrit:A"now .iniribc:collector,sYredt; labolcd:"Battler Extension'', is ? alo as d coo y tat tha the ;,propposed fo 8o66btubotween,10M,014,1~09th Avenues tit a,locntion north, qh ~ot~ce o ~Iearin /CPA 91-0002 ,•„of H,oodv~l'O~V~1~>lvo't!~Th'c~ConiprdNrcn iyo~plan Transportation Map:would H H AISO t)e'dht~ndCd by" chap " Ing tho dosignlilion'or Nncvo'Strdot fr6m'minor a prlntod copy of which Is horoto annoxod, was published In tho 1 C I~~^ CCl t OC i CCI.'wli'r", entire Issue of said newspaper for One successive and `''t ''s~ rk „ ~L I' ,'y a4 y.'y'N~~~{{''r'"~t + SUBDIVISION SUB"9k08dU1£'D C~ONS~tCT~t~N r'N}~0 f►3) I consecutive In the following issues: City Council roview;of Hear~figs'Officer acision appproving subdivision 'On SUB 91.0008:F6''uP.iD`Cbh'§'G'"uction subject't'''dondi'tton•i';1 I.a rcgnrdin August 1, 1991 t o,impco cjndn't~f•S,W, Walhut- StrooOZONB'f;9~S,(It~~'Idontlltl, Q, 1,'''nit~/ocib). OCATION; S'outh'sldo'of S:W;•WaIAut S(rcct, south And cast„ I'Af SM.' 116th Avenuo, (WCTM12SI 3AC, tax lots 400, 50), 9001 & IMo)' _ APPLICABLE REVIEW CRITERIA: Tigatd Community; Development H chapters"18,I(50,;Md148.I64'," , t~,/~~b'A'A~~I%~rF!►flilX'7gV~~MYir.WurldiM ly ud..r..,uo... .1,~ , ....:•:.'•.l,:, l?tr, i , 70 'Publish'AUgust 1 1991. 1st day of Augu, 1991 3ubscribed and sworn to before me this st i OFFICIAL SEAL Notary Public for Oregon BEVERLY S. THOMAS NOTARY PUBLIC - OREGON COMMISSION NO.000352 Ay Commission Expires: x5; 9 ~ MY COMMISSION EXPIRES JULY 15, 1994 %FFIDAVIT f ~ ~ J RECEIVED PLANNING • JUL 3 0 1991 MR. JOHN ACKER CITY OF TIGARD DEAR MR. ACKER: I RECEIVED YOUR LETTER REGARDING THE PACIFIC HIGHWAY ROAD ALIGNMENT AND WOULD APPRECIATE YOU KEEPING ME UPDATED AS TO WHAT THE PLANNING COMMISSION IS RECOMMENDING FOR THIS PROPERTY AND KEEP ME INFORMED AS TO ANY ACTION THAT IS BEING PROPOSED OR IS BEING TAKEN BY THE CITY. SINCE MY PROPERTY WILL BECOME IMPACTED FROM THE ROAD ALIGNMENT COULD YOU TELL ME WHAT THE CITY PROPOSES AS FAR AS PURCHASING THE ROAD RIGHT OF WAY AND UNDER THE PROPOSAL PERHAPS THE ENTIRE PROPERTY. HAS ANY COST ESTIMATES OR PROCEDURES BEEN DISCUSSED. COULD YOU PLEASE LET ME KNOW WHAT THE PROCEDURES ARE IN CIRCIMSTANCES OF THIS NATURE. YOU MAY CALL ME AT HOME 595-2130 OR CORRESPOND WITH ME AT P.O. 8041; BLACK BUTTE RANCH, ORE. 97759. THANKYOU, LUBA FILING - CITY OF TIGARD EXHIBIT # IQ PAGE Q PLANNING COMMISSION ROLL CALL HEARING DATE: ' 2, Z . N q STARTING TIME: COMMISSIONERS 6"'. M, i+ VLASTA BARBER y HAROLD B. BOONE JAMES CASTILE JUDY FESSLER BRIAN MOORE • U HARRY SAPORTA STAFF PRESENT: I le c,, wj, dj/PC-ROLL • LUBA FILING - CITY OF TIGARD EXHIBIT # ao PAGE # S - -7~a• oL TIGARD PLANNING COMMISSION REGULAR MEETING - JULY 22, 1991 1. President Fyre called the meeting to order at 7:30 PM. The meeting was held at Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard, Tigard, Oregon. 2. ROLL CALL: Present: President Fyre; Commissioners Barber, Boone, Castile, Moore, and Saxton. Absent: Commissioners Fessler and Saporta. Staff: City Engineer Randy Wooley, Associate Planner John Acker, and Planning Commission Secretary Ellen Fox. 3. APPROVAL OF MINUTES Commissioner Barber moved and Commissioner Saxton seconded to approve the minutes of the previous meeting as written. Motion carried unanimously by Commissioners present, with Commissioner Castile abstaining. 4. PLANNING COMMISSION COMMUNICATION o President Fyre commented that the Commissioners received two letters which were not included in the meeting packet (Exhibit A). The two pieces of correspondence opposing the planned Comprehensive Plan Transportation Map amendment were from Jane Huffman and Lenore A. Schuster. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 914002 109TH AVENUE AND NAEVE- STREET (NPO #6) A request by NPO §6 that the Comprehensive Plan Transportation Map be revised by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 in the meeting packet and (2)--changing the designation of Naeve Street from minor collector to local street. LOCATION: The area of proposed transportation amendments is generally bounded by Pacific Highway, Durham Road, 100th Avenue and Murdock Street. (WCTM 2S1 10 AC, AD, DA, DB, DC and DD, and WCTM 2S1 IIBC and CB) Associate Planner John Acker advised that the proposal came about because NPO s6 requested the transportation map be updated to address the many transportation concerns connected with expected development and increased density. He explained the process for amending the Comprehensive Plan Transportation Map, and he said the Planning Commission's recommendation will be forwarded to City Council for consideration at their August 13th meeting. He noted the letter from Lenore A. Schuster and the letter from Jane Huffman were expressing opposition to the proposed amendment (See Exhibit A). PLANNING COMMISSION MINUTES - JULY 22, 19°' -";E 1 LUBA FILING - CITY OF TIGt.RD . EXHIBIT z p~~ PAGE zt o City Engineer Randy Nooiey provided wall maps of the area showing the transportation map. He said the NPO worked with the Engineering Department to study the traffic patterns and related issues- He explained that this proposal is for the first amendment to the map, and it is a long-range planning tool rather than a development proposal. On the map, he pointed out the existing streets and their respective designations. He used an overlay map to show the proposed street modifications which included: (1) Naeve Street which is currently a minor collector would be designated as a minor collector, (2) Sal 109th Avenue would be extended as a minor collector from the current terminus south of Murdock Street to Pacific Highway at Royalty Parkway, and (3) a new minor collector street, "Sattler Extension", would be constructed to connect between SK 100th Avenue and SW 109th Avenue north of Hoodview Drive. He pointed out that the alignments were approximate and not inflexible. He said NPO 7'6 recommended that SK 109th Avenue not be opened at the top of the hill until properties to the east are developed. He discussed the areas of high density and lower density areas and the concerns about increasing traffic flows in the Summerfield area. He reviewed the definitions of minor collector and local street and the volumes they carry typically; and he talked about the traffic 'volumes expected on each street when the area is fully developed. He advised that the timing for the proposed changes would depend on when the area development occurred. He discussed the potential ways to fund the proposed street changes. o Commissioners asked City Engineer about local street and minor collector designations and specific traffic counts taken recently. He answered questions about specific properties that would be affected by the . proposed map amendment. o Commissioner Fyre requested clarification from City Engineer regarding the scope of the amendment being considered. City Engineer explained that the proposal does not address local streets, nor does. it directly. address the issue of-SK 109th being opened or closed. APPLICANT'S PRESENTATION o Sue Carver, NPO 7`6 Chair, reviewed the authorization the NPO received from City Council in December 1991 to study - the traffic needs of the community of Little Bull Mountain.- She said their goal was to find a more balanced traffic flow that would avoid burdening any one neighborhood more than another. She shared some of the individual street problems and issues they considered in their study. She expressed appreciation to the City staff for their hard work and the time they spent on this project. She noted that the NPO had decided to withdraw the final sentence in Note 110 on the back of the map, which is in reference to having Su 109th closed. However, she said that they would be addressing this concern again as the properties developed. o Commissioner Moore asked Chairman Carver about the amount of attendance the NPO had during the meetings. Ms. Carver said they had good attendance, and many who could not attend the meetings in person had called her to express their feelings- She shared some of the comments • in favor and opposed to the proposed changes. PLANNING COMMISSION MINUTES - JULY 22, 1991 -AGE 2 L[JSA FILIAV - CITY 0? TIi~yRD £~I£i = a~ PACE = 5~ PUBLIC TESTIMONY PROPONENTS • o Beverly Froudy, a representative of NPO A3, said they were involved in some of the meetings and are basically in favor of the proposed amendment to the Transportation Map. However, she added, NPO #3 members would like to make sure that the new Royalty Parkway extension is constructed along with any new development. She said they favor having all the new traffic enter 99W at Royalty Parkway. She said it is important that SW 109th be opened up to improve circulation in the area. o Howard Graham, 9410 SW Lakeside Drive, Summerfield, stated he is President of the Summerfield Civic Association. He commended NPO #6, NPO a3, and Randy Wooley for their work on this complex issue. He advised that the Summerfield Civic Association favors the proposed amendment. He spoke about the residents who would be adversely affected and recommended giving consideration to them where possi-ble. o Richard Watson, 10290 SW Highland Drive, representing Summerfield, advised the community supports the proposed Transportation Map amendment because is offers a balanced traffic flow for the area. He discussed traffic problems concerning SW 109th and the Naeve. He favored leaving Naeve Road as it is. He commended the NPOs and City staff for their efforts in finding solutions to the traffic problems. o Sue Kasson, NPO p6, urged approval of the proposed amendment. She ..stated that it was exciting and interesting to work on this • Transportation Map amendment. She brought up the importance of notification to all residents who are in the subject area. She explained that those who do not receive notices early on were likely to be upset about not being included in the process. o Jim Hughes stated he was representing Dorette Ristig, her sister and the estate of her mother. He described the location of the property his client owns and explained how it would be affected by the proposed changes. He said his client was concerned about future development of her property, and he stated that her options would be more limited. He pointed out some draw backs to combining property with adjacent property owners to make them more marketable. -He did not favor leaving the design of the roads up to Triad or other developers. Commissioner Fyre explained that some of the issues Mr. Hughes was discussing were not part of this hearing. There was discussion concerning the process for gathering public input prior to the actual design and construction. City Engineer Randy Wooley advised that the Transportation Committee and City Council would be involved in public hearings to determine specifics and funding. OPPONENTS o Ferd Wardin, 21510 SW Johnson Road, West Linn, stated he owns property off of Sattler Road. He was not in favor of or opposed to the proposed amendment. He was concerned that he had not received some of the • meeting notices. He expressed concern regarding the street improvements which will probably cut through his undeveloped property. PLANNING COMMISSION MINUTES - JULY 22, 1991 'PAGE 3 LUBA FILING - CITY OF TIGARD EXHIBIT II a ~a~ = (00 o Clyde Roark, 15371 SW 114th Court, 7#108, Tigard, pointed out his residence on the map. He said he opposed the street changes as they • would increase the traffic that will occur next to the Fountains Apartments. He said any division of the Luton property, which is adjacent, would compact and compress traffic against the Fountains Apartments. o Marge Davenport, 15100 SW 109th, stated she has been a long-time NPO A6 member. She said she was originally in favor of the proposed changes; however, she now feels the plan is premature. She discussed the proposed traffic level increase estimates, the steepness of the hill, and the overall safety issues. She suggested it would be better to wait until development occurred to determine what the demand was before deciding about the Transportation Map changes. o John Slaughter, 15055 SW 100th, Tigard, pointed out the location of his property on the map. He stated his opposition to having his right-of-way taken by the street improvement. He discussed the dangerous intersection at Sattler and SW 100th. He did not favor the Commission approving this proposal without knowing where the street would be-located. REBUTTAL o Sue Carver, NPO r'6, spoke again reiterating the goal of sharing the burden of the traffic among the neighborhoods equitably. PUBLIC HEARING CLOSED o Commissioner Boone sympathized with the residents who would be adversely affected when streets are constructed. He stated he did not find the roads in Tigard conducive to good circulation in and around the-City. He said the plan looked like a good solution to some of the problems, but it would adversely affect at least six property owners. Therefore, he was inclined to vote against this proposed amendment. o Commission Saxton said he appreciated the concerns about safety issues -and -sympathized with property owners who might be -adversely affected by street changes. He suggested it would be preferable,- however, -to not wait until developments go in before addressing the traffic issues. He favored the general concept of connecting the streets to improve circulation. o Commissioner Moore pointed out that the plan is a general guideline to solve the traffic problems in and around Summerfield. He noted it does not change any of the zoning or affect the Development Code. He favored approving the amendment. o Commissioner Castile discussed the Triad development and the property owned by the Lutons. He sought clarification from City Engineer Randy Wooley regarding future development. There was discussion and City Engineer explained the public hearing process for development to occur. Commissioner Castile stated he was in favor of having an access onto Pacific Highway and approved of the amendment. PLANNING COMMISSION MINUTES - JULY 22, 1991 PAGE 4 i LUBA FILING - CITY OF T' G_ZRD EXHIBIT PAGE t (9 t • o Commissioner Barber advised she found the amendment would be a better plan than the current one. She commented on the increased traffic that all Tigard residents were experiencing. She commended those who worked for so long to develop this plan. She said she was in favor of the amendment. o President Fyre agreed with Commissioner Barber that the amendment would be an improvement over the current plan. He shared his concern about keeping the traffic from increasing in Summerfield. He discussed the traffic impact on the residents of the Fountains Apartments. He said he was in favor of the proposed changes to the Transportation Map. He commended the efforts of the NPO and staff in this study- Commissioner Barber moved and Commissioner Moore seconded to recommend to the City Council approval to amend the Comprehensive Plan Transportation Map, and that the final sentence of Note 10 be deleted, as recommended by NPO a6. Motion- carried by majority vote of Commissioners present, with Commissioner Boone voting "Nay." Meeting Recessed - 9:12 Meeting Reconvened - 9:17 6. OTHER o Commissioners discussed absenteeism and established rules. It was • agreed that 3 unexcused absences in a row would result in a request for resignation. It was the consensus that the Commission President could excuse absences for legitimate reasons, such as illness. Associate Planner John Acker said he would check to see if there were any rules already established prior to adopting the new ones. o Commissioners signed a card expressing appreciation to accompany the gavel which will be presented to Former President Moen at the next Planning Commission meeting. o President Fyre asked for a volunteer to fill Commissioner Casti W s position representing the Commission on the Transportation Committee. Commissioner Moore volunteered to take on this responsibility. 7. ADJOURNMENT - 9:30 PM Ellen P. Fox, Secretary ATTEST: LUBA FILIM - CITY OF TIG.ARD Milt Fyre, President EXHIBIT z a~ . PAGE z c, a PLANNING COMMISSION MINUTES - JULY 22, 1991 PAGE 5 T I G A R D P L A N N I N G C O M M I S S I O N • NOTICE: ALL PERSONS DESIRING TO SPEAR ON ANY ITEK MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET_ (Please PRINT) Q AGENDA ITEM: 5.1 1 CASE NUMBER(S): e-PA q O OQ Z OWNER/APPLICANT: N. P O 4- V LOCATION: o g- n A V G ` ue Q h VI N g e ve S+r<e a t- NPO NUMBER: DATE OF NEARING 7 -?.Z- 1 PLEASE PRINT YOUR'NAME-ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) Print ame%Address/Zip:&.:Affiliation =Print-Name/Address/Zip & Affiliation Ol,~ic r 1'CG Az Iy S~•~r r C~ y - -Ro , /L F'!~wJ.uTRIA/S Q 5t' --D p 977- cn~ fr,, ce 91 /'AC ji~ a hod zz . C~b _ LUBA FILING - CITY OF TIGARD EXHIBIT Q 3 PAGE / ! f Got TIGARD PLANNING COMMISSION JULY 22, 1991- 7:30 PM TIGARD CIVIC CENTER - TOWN HALL 13125 SW HAIL BLVD., TIGARD, OREGON 1. CALL TO ORDER 2. ROLL CALL ' 3. APPROVE MINUTES 4. PLANNING COMMISSION COMMUNICATIONS 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 109TH AVENUE AND NAEVE STREET (NPO #6) NPO #6 is recommending that the Comprehensive Plan Transportation Map be revised by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 in the following packet and (2) changing the designation of Naeve Street from minor collector to local street. . 6. OTHER 7. ADJOURNMENT LUBA FILING - CITY OF TIGARD EXHIBIT II PAGE A (0 14962 SW 109th Ave. Tigard, Oregon, 97224 July 22, 1991 Planning Oept. RECEIVED PLANNING Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon, 97223 JUL 2 2 1991 Attention: Mr. Jerry Offer Re: NPO #6 Suggested revision of the Comprehensive Plan Transportation Map of the City of Tigard Dear Members of Planning Commission: I would like to go on record as opposing the proposed revisions to the Comprehensive Plan Transportation Map of Tigard to be presented for approval at your meeting on July 22, 1991. I would also like this letter to be reviewed by the commission and written into the record. I am a resident of the 76-unit Canterbury Woods Condominium complex on the east side of 109th where it currently dead ends on the north side of "Little Bull Mountain". I am not writing this letter in an official capacity. However, I have been a board member of our association for the past year and I believe I represent the viewpoint of many of our residents. The proposed opening of 109th at the north end will very definitely impact our quality of life and the development of the Sattler extension as a collector street as suggested would surround us with dense traffic so that we are suddenly transformed from a tranquil treed setting to a busy intersection. I have followed the history of the Triad development application of last year, attended several meetings and watched others on community-access television and I believe that these changes suggested now are directly associated with that development, at the same time appeasing the objections of Sommerfield residents (who do have legitimate concerns). Last year I wrote letters to both the Planning Commission and the City Council detailing my objections to the opening of 109th on the north end, particularly my concern regarding the unsafe aspects of adding more traffic and likely faster speeds on the rather hazardous steep and curving 109th where it approaches Canterbury Lane. Our areas on the north side of this dead- end are now adequately served--to open 109th would serve no useful purpose for this area. When the Triad project was turned down by the Tigard City Council 11/26/90, Page 11 of their Notice of Final Order, LUBA FILING - CITY OF TIGARD EXHIBIT Q4 PAGE A (oS ! Item c., read: "The applicant has not presented sufficient evidence to prove that it is not possible to establish a direct access for the project onto SW Pacific Highway. The information in the record indicates that such an entrance to the development would alleviate much of the concern over traffic volumes on SW 109th Ave. A State Highway Division representative indicated that the Division did not favor this proposal, but the record does not confirm that such an access would not be able to gain State Highway Division approval." During one of the hearings regarding this proposal I recall that the owner of church property bordering the proposed development offered to try to share with Triad a process of attempting to work out direct access to 99W. It would still seem that if at all possible Beef Bend Road would be the best solution because it is already set up for traffic lights and also offers an exit to the west as well as north and south. Insofar as an eastward access from the southern slope of the 109th hill it would seem more feasiblewas well as physically an easier process to open up Naeve to the east at the foot of the hill when/if those properties develop. I believe they are currently zoned for single family residencies and hopefully will stay that way. The proposed Sattler extension would cut through wooded areas, it is not now a dedicated street and I believe should not become one. Thank you for giving consideration to these thoughts. Very truly yours, Lenore A. Schuster LUBA FILING - CITY OF TIG_ARD EXHIBIT F ) 0 PAGE (.0 Cv STAFF REPORT JULY 22. 1991 - 7:30 TIGARD PLANNING COMMISSION TIGARD CITY HALL - TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 91-0002 REQUEST: An amendment to the Comprehensive Plan Transportation Hap. Naeve Street, currently a minor collector, would be changed to a local street designation- SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street to Pacific Highway; the extension would curve across the south slope of Little Bull Mountain,-crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway.. Also, a new minor collector street, labeled "Sattler Extension", is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. COMPREHENSIVE PLAN DESIGNATION: The area - where transportation amendments would occur includes General Commercial and Medium-high, Medium and Low density residential. • ZONING DESIGNATION: The area where transportation amendments would occur includes General Commercial and Residential at 25, 12-and 3.5 units per acre. APPLICANT: Neighborhood-Planning Organization #6 OWNER: Various Sue Carver, Chair 10155 S.W. Hoodview Drive Tigard, Oregon 97223 LOCATION: The area where the transportation amendments would occur is generally bounded by Pacific Highway, Durham Road, 100th Avenue and Murdock Street. (WCTH 2S1 10 AC, AD, DA, DB, DC and DD, and WCTM 2S1 11BC and CB) 2. Background Information On December 17, 1990, the Tigard City Council authorized Neighborhood Planning Organization (NPO) #6 to initiate consideration of a Comprehensive Plan Amendment focused on transportation issues in the area. of SW 109th Avenue and Naeve Street. Subsequently, the Tigard Engineering Department developed several conceptual plans-for a street system in the study area. The study area was defined as the area bounded by Pacific Highway on the west, Murdock Street on the north, 100th Avenue on the east and the Summerfield development on the south. NPO #6 discussed the options at their meetings in March, April-and May of 1991. Affected property owners were invited to attend and participate in the discussions. Following discussion at the May meeting, the NPO voted • Staff Report CPA 91-0002 LUBA FILING - CITY OF TIGARD EXHIBIT # Q 5 PP_GE t 161 to initiate formal consideration of the specific Comprehensive Plan Transportation Map amendment proposed in application CPA 91-0002. 3. Vicinity Information on the existing Comprehensive Plan Transportation Map, Naeve Street is designated as a minor collector street between Pacific Highway and 109th Avenue. Sattler Street is designated as a minor collector street east of 100th Avenue. These two minor collector streets, along with Canterbury Lane to the north of the study area and Summerfield Drive to the south, provide primary access routes to this area under the existing plan. In general, the easterly portion of the study area is designated for low density residential development. The westerly portion is designated for multi-family residential development with some commercial zoning along Pacific Highway. A number of large parcels within the study area have potential for redevelopment. 4. Proposal Information The NPO and others have been concerned about potential traffic impacts of future development in the vicinity of Little Bull Mountain. Specifically, there is concern that future development will result in unacceptable levels of traffic in the areas of existing residential development. There is also concern about provision of adequate safe access to Pacific Highway. This proposal seeks to address those general concerns by changing the designation of Naeve Street from minor collector to local street and by adding an extension of 109th from Murdock Street to Pacific Highway and a connection between 100th and 109th Avenues north of Hoodview Drive. The-- new connections would be designated minor collectors on the Comprehensive Plan Transportation Map. Attached exhibits A and B show, respectively, the existing Comprehensive Plan Transportation Map and the map as it would.. appear if this proposal is adopted. S. Agency and NPO Comments NPO #3 has no objection to the proposal but has the following comment: The -----.-extension -of 109th from Murdock Street _to Pacific - Highway--should be -constructed-as- a--single unit--when development occurs_ - NPO #3 also suggests that Naeve Street be closed at Pacific Highway when 109th extension is constructed. CPO #4 has no objection to the proposal-but has the following comment: The extension of 109th from Murdock Street to Pacific Highway should be constructed as a single unit when-development occurs. The Sattler Street extension should also be constructed as - a single unit when development occurs in that vicinity. Portland General Electric, Northwest Natural Gas and the Tigard School District have reviewed this proposal and has no objections to it. Tualatin Valley Fire and Rescue has reviewed this proposal and has the following comment: The fire district agrees with the plan amendment they, however, propose that 109th be left open. The Tigard Water District has no objection to the proposal but makes the following comment: The water district has an 8 inch water line running from Pacific Highway to SW 109th on SW Naeve Street. There are three. services off that line, one to The Fountains, and one each to houses on the corner of SW Naeve and 109th. Staff Report CPA 91-0002 LUBA FILING - CITY OF TIGARD EXHIBIT II ~5 PAGE # leg I. The City of Ring City The Tigard Police Department has no objections to the proposal but makes the following comment: Leaving an open intersection at Naeve and 109th is vital for responses in and out of the area. The Engineering Department has the following comments: We support the revisions to the Comprehensive Plan Transportation Map as proposed by NPO t6. The plan will provide improved traffic circulation in the neighborhood. The plan addresses concerns raised by the NPO and others in conjunction with past development proposals in the area of 109th and Naeve Street. Proposed Note 10 serves to clarify the routes of the proposed streets and we support this revision too. However, we do not understand the reason for the final sentence in the proposed note; the sentence which requires that a portion of 109th not be opened until properties to the east are developed. We would prefer to see the plan for 109th implemented as early as possible. Completion of the 109th connection is important to implement the goals of (1) balanced traffic circulation for the neighborhood, (2) emergency vehicle access between Little Bull Mountain and Summerfield, and (3) discouraging of through traffic between Naeve Street and Summerfield. The City Engineer recommends adoption of the amendment as proposed by NPO $6 except for the final sentence of proposed Note 10. The final sentence is recommended to be deleted. No other comments had been received at the time this report was written. B. FINDINGS AND CONCLUSION The relevant criteria in this case are Statewide Planning Goals 1,-21 12, and City of Tigard Comprehensive Plan policies 1.1.1 a., 2.1.1, 8.1.1, 8.1.2, and applicable Community Development Code sections related to legislative plan amendments. Staff concludes that the proposal 1s consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, citizen Involvement, is met because the City has an adopted citizen involvement program which includes review of land use applications by neighborhood planning organizations. In addition,-this proposal will be reviewed in public hearings by the Planning Commission and by the City Council for which proper notification is publicized. 2. Goal 2, Land Use Planning, is met because - the City has applied all relevant-Statewide Planning Goals, City Comprehensive Plan.policies, and - Community Development Code requirements in the review of this proposal. 3. Goal 12, Transportation, is met because the City has adopted policies related to improving the - transportation network and continuing coordination of transportation improveme:i_ with other involved agencies. Staff concludes that the proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings:. 1. Policy 1.1.1 a. is satisfied because the proposed amendment to the Comprehensive Plan will not affect compliance of the City's acknowledged Plan with the Statewide Goals. 2. Policy 2_1.1 is satisfied because Neighborhood Planning organization t6 Staff Report CPA 91-0002 LUBA FILING - CITY OF TIGARD EXHIBIT o1S ~j PAGE # to and $3 have been notified of the hearing and have been give the opportunity to comment on the proposal. 3. Policy 8.1.1 is satisfied because the proposed amendments to the Comprehensive Plan Transportation Map plan for a safe and efficient street and roadway system that meets current and future needs. D. RECOMMENDATION Based on the findings and conclusions stated above, the Planning Division recommends that the Planning Commission forward a recommendation for approval of Comprehensive Plan Amendment 91-0002 to the City Council to amend the Comprehensive Plan Transportation Map as shown on the attached Exhibit "B". The Planning Division further recommends that, because the safety and efficiency of the transportation system would be better served with early implementation of the 109th Avenue extension portion of this amendment, the final sentence of Note 10 be deleted. Prepared by: Date Staff Report CPA 91-0002 LUBA FILING - CITY OF TIGARD EXHIBIT Q a T PAGE # GAARDE ST, McDONALD ST. T I G A R D Ordinance No, 91-13 Map a d o p t e d 06/11/91 E x i s t i n g C o in p r c h c n s i v c Plan tatio Transpo M r a p BULL 1' 0 U N TARN lN, M ~srrrrrys ~„„rrrar+-+'~~' ~a EXHIBIT A A r t e r i a l CoiIcctor Minor ~,i Collector N SA ITLER S T . NO 9C: Study area P~ f ma only, for full map see 0RD, 91-13, Dllllel lele a met redreree• ~ 0 R lellen ten011e1 Ir IAe Cllr el 111er/ ellllllel C1e1re- ti SUMMERF I ELD tlS) eellrere, leler• ~ mellen ter lr elel Jere AlQ ner Oe Ittlndld It D1 ah „ ii N o R T 0 'i~~l~il'nel (tom InterOretelire doll ee /elernln/6 17 IAe Cltr el 117er1, D U R H A M R D ((01/11101) . . _ ••er arrarss+svss_a~ 0 too (01/11/11) s ~ a r ~ s ~ ~ ►s+r ~ ~ n . a ~ s r s. w ► LUBA FILING - CITY OF TIGAEtD EXHIBIT $ PAGE $ • i • ~GAAROE ST. ~I~ pp~ALD ST The City o f T I G A R D See NOTES on back of page. Proposed Revision To y~F Comprehensive P 1 a n BUII MOUNTAIN RI) LN. Transportation r s+o rr o ry'ss"rr•yrrrs~s Map EXHIBIT B 0 s ° o, Arterial Collector / m BATTLER Minor Collector Ot ST. NOTTE; Study area . SEE NOTE 10 , f11 lomap seeoORD. 91-13, O OI°Ilel lets ! me/ reererre• lellen eenllle/ 11 IAe Cllr S U Mlri E R F I E L D el Il,erl ulllleleq `'e,re_ Ills Inlernel111 Slelem CIS) sell.ore. leler- ~ mollenlerlrolel Jere me/ le lelenlel le le Q ueel elln Ilelllenel 01- N 0 R T D Illleleel eel/er Inllrlrelellee tole er delernlnel 1) Q7~ Ile CIII •1 (Merl, Rv7 DURHAM RD C- jV010131) ar,~a►.+a~,~r.rarrs+ar 0 lop ) 04/ is/ I I ) . d~/s•Ii.~%r~.ryl~~Y.~Ia~a~- LUBA FILING - CITY OF TIGARD EXHIBIT # 5 PAGE # a- COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES 1. Scholls Ferry Road to be realigned to connect with Davies Road. 2. Study area to determine a future connection between the Walnut/132nd intersection and the Gaarde/121st intersection. A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report. An indirect connection of minor collectors has been recommended by NPO #3. 3. Approximate alignments are shown for the extensions of 132nd Avenue south of Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west of 132nd Avenue- These streets are to be designed as minor collectors with a design speed of 25 m.p.h.. 4. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street 5. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rods Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. :6. Study area to determine the alignment of connections between Highway 217, Kruse Way, 1-5 and the Tigard Triangle- 7. Connections between Hunker Street, Hall Boulevard at O'Mara Street (generally) and Bonita Road. 8. Study area to consider extension of Hall Boulevard southward to conned with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) 10. An extension of Sather Street from 100th Avenue to 109th Avenue intersecting 100th Avenue at a point approximately 200 feet north.of the existing Sattler Street intersection. An extension and realignment of 109th Avenue south of the Sattler Street extension, to intersect Pacific Highway at Royalty Parkway. The realigned 109th Avenue shall intersect Naeve Street at a point approximately 250 feet to 450 feet east of Pacific Highway. The opening of 109th Avenue at the top should be contingent upon development of the properties to the east of 109th Avenue. LUBA FILING - CITY OF TIG.~RD EXHIBIT A O 5 PAGE II -73 X .j 1 . cob -~Jl ; CFi N as i W r ~ e 1 1 ~ r~ ~ ' N, .I TIMES PUBLISHING COMPANY Legal TT 7004 , P.O. BOX 370 PHONE (503) 664-0360 Notice BEAVERTON• OREGON 97075 Legal Notice Advertising 9;1 Tpeyymg~wionsd E485misnonon::' -13125 City of Tigard ❑ Tearsheet NoWji, 991. at 7:30 Pt tjje gird G~Y3e Ceatts=Toga Hall • PO Box 23397 ' S W.HaILBlvd ; Tigard; Oregon: Both"public oral and writT n testia$ay_ Tigard Or 97223 ❑ Duplicate Atfid~~iiiitd The pubh(heariag~ mattgcwrll be conduaedsi,aaor= ".d p nrc9 of !ha ]annutg Coat _ to raise an Lme in person or by`leU-ei-i"r- lucks, !a peal: and failure to Shy the' l crltehoif from the Comin* , orrC--be 4rve Plan i itaDv~>iicls`a'cotiirnciitas`ditected~,reclu es an ap I,basbd oa'ihat ' 1 criterion:,FtirtlieiaiifnamsaottjiusY;be obiatiiod fx tbePir rmutg Division a 125, Ha13• ly tUrcgoa~97713`orMUU1g`639 171. " AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASKNGTON, lss• tt " a T~~ ' I Judith Koehler I-PLANNEDDEVEEOP gU"aclt being first duly sworn, depose and say that I ar tbg Advertising f~V --V Director, or his principal clerk, of the lizard nrtx~ _ r ANDPAW, a newspaper of general cir~tclation s defined in ORS 193.010 JV- rs" and 193.020: Published at 11Qard 8Z ~n the DEVELOPMHNTIOTAK'- 3 al pr county a state- th_$t_t-h fs1ArMriAcgmrforapprtL4 oxaltl"BpFAf, elfo q i pm •«Cet~t~ a iplic~aon~ril Pudic Henri jjg SI IR 9 -~x> ok~n vIA;:-d 40:3 ~ruo two par. . dP,Stt_ P1• cello ,20 31 ands lg. aC rsubcliVILS prelimiriarl'plat7Planned a printed copy of which is hereto annexed, was bGshed in the _ cane pitua~}lan~ ; ttie 2D3I-kre 0r.Uo0 .0 f: k tau .De ve opmeat to:divide entire issue of said newspaper for 0ne successive and --,,rs9,il~°PcXz•, Y-:iwOpmTafen_' o s a tracts; e' . vlow ~iird"L50f"pieliminary ' consecutive in the following issues: " p ins o;road-aanov. ns~lrp° tts„spbjgc• " " July 11, 1991 that ezceed25~p`ercenNgtade;, ariaaceapprovatforchef haZtlo allow:dcvelapmeat'of:thrceeal sarl_ stiei ts-ofS10 feet: 560 r en bt on and `~3OS a10 a 1$3I4 e~ttPi 0 anouNeyeloptnea4 of focal~su_eets veith`?8 few ofpay~emeat and :st eerallcs ; ' ; 4ttspA~_ t44 ~ r S' Daf o .1W d uon 8,64 QJ015"aaWt r" - ~S- on v Subscribed and sworn t before me this11th day July 199' 18r3~na- _ t:grade-oY12'~ercetit`. ZONE:tti5(P~?(~R`estn<4~t!S'.ttnr ~3ION:I~as~gf:': ~~-vcs3of t?Beiic>iview.Estafessub~di'vision7sogt2,`o1':t~xni_tummus; Nota Public for Or rS~W 121sttAveat e`(WOI Nf}2514 . lot4400). APPLICABLE • rY egon •:PR0ya GRIT WA:jC0`iamtKMV4 utt.Code chapiers?1850;'• , ' My Commission es: ~y .,~_y1& $01.8.$4:X1892.ri18:i34:$:508160~i8:162;~8.1fr4:'Cornprebeeu 3 rsjycPlaaFblicies ji'.1J, - -3 3115-31 x1 11. r AFFIDAVIT ,.{r:.•r.-'R". - :¢'e1.+riif~ :~ldtso~3ds: ~ A7, iCPA 91-0002 ; • - ; L, A recjuest 1iy NP6 to amead-tlte Coat ve oa. _Mapi by~lesrgrating:newluinor~w114ctoiroadwa;s":n.the Irttle Bu}1:;: w -,Mountain area---S :V1!:109t1i=Aveaiie'_vodI- extended as~a minatcolle¢-. r for froth its cuiiebt. terminus you oLIM ~c c,Sti 2h wWCtwsroa would curve .acioss the soutlioo~ .kBtiotmy~.nossing Naeve Street. WeSi'of T7)e Fotmtams Coums and meeuag Pacific Hi wa . o site t4C existiii aiite_~sectioa"of R Pzrksv .=In addi- _ 1cct eet,: 1 er- n rs:proposed-` aoa~,aziernew:tnmorcweeli o w:cbal~ct00t1i"andA `veaoCBi'•a7c`tanon noithCof?Hood- _yiet?lk ~R0lan`dYansporiatiorQ ou13 also be". co llec ameridedXiY SIPg; "of N3ev`r; 1»31 _ 1'I7004--~Publrsh3ulY_;11991 rnt } <s.c:-.._:tw... T1'ts.e.b..TA fk - :..`.::LZ-7.i+`'7-i5str2~v'=~;,_ LUBA FILING - CITY OF TIGARD EXHIBIT - # a-7 PAGE # j CITY OF TIGARD July 10, 1991 OREGON Robert and Marta Luton P.O. Box 8041 Black Butte Ranch, OR 97759 Mr. and Ms. Luton: The City of Tigard has received your letter, dated July 8, 1991, concerning proposed Comprehensive Plan Transportation Map amendment in the Little Bull Mountain area (City file number CPA 91-0002). Your letter will be forwarded to the Planning Commission and become part of the record for the Planning Commission hearing. Hearings for this proposal are scheduled for July 22, 1991 before the Planning Commission and August 13 before the City Council. Both hearings will be at Tigard Town Hall located at 13125 S.W. Hall Boulevard in Tigard. If we can be of further assistance, please don't hesitate to write or call. ` sincerely' Jo Acker As iate Planner LUBA FILING - CITY OF TIGARD EXHIBIT # Q PAGE Q (o 13125 SW Hall Blvd., P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171 July 10, 1991 Ny0 had a joint meeti July 2, 1991 with N1 PO !47' 7 1- hear a presentation- on the proposed Transportation Plan Amendment to be presented to the City by NPO including changes in SW Naeve Rd., S:: 109th and aproposal for new extensions S';' Royalty Pk~-:ay at Hwy. 99 and a new Sattler St. extension. `!,e also #Wd presentation on q-B- Development proposal for development of the western. 20 acres of the 4.0 acres of the former Bechtold property, with a subdivision proposa- for 52 single family lots with the entrance on S"~ 132nd off :alnut St. NP0 ,A'5 has been working with the City on a new RV storage policy including allowing parking in the front yards of residential lots. Ron Bunch of the City and, Craig Hopkins of IdPO FV5 presented this ordinance. There is an opportunity for input to the City at this time on this item. NPO 3 went into their separate meeting at 8:15 p.mi Those in attancance were Porter, Bishop, Froude, Garner, (Hansen excl rdortensen, (Smith went home ill), and Root not present. The minutes of the last meeting were approved. Ron Bunch was there to discuss and receive input on Home Occupation ordinance. Martha Bishop submitted some suggestions and convents in writing. Herman Porter made the suggestion to allot: a single employee in a home occupation. This ordinance has not been taken to the Plan Commission or City Council yet and the-^e is still time for suggestions or discussion with the staff. Transportation Plan presented by `:rO 7-176. TiPO 1-73 VOTED U.- ANN-IOUSLY TO SUPPORT THIS PLAN AS PRESENTED ON THE TISSUE SHEET OVERLAY BY RAN'Y 1,100L Y. OUR OTIO=N INCLUDED THE STIPULATION THAT THE ROYALTY FARKI.AY EXTENSION , -JST BE CONST CT=D IN TOT4L IN CO_ iU_- C'TION 1ITH TRIAD DE E'L.OP NT (OR .N-Y OTHER DEVELOPT11EN'T T-;LkT MUST TMAKE IJUAJOR rNUaROVEMENTS TO NA- E RD OR SW 109TH). IT ALSO INCLUDED T-HE CONDITION THAT S": ZII.EVE ROAD BE CLOSED AT fr;4Y.99 AND ALL TRAFFIC aI~_, -KIT AND EGRESS ON THE NLi= S; ROYALTY PARKEAY EXTENSION, AND THAT THE. ROADWAY THROUGH AINJAD DEVELOPI NT MIUST OPEN AT THE NORTHERN LOCATION SO THERE IS A THROUGH ROUTE I! CANTERBURY HILL SOUTH TO HT.lY.99 AT ROYALTY PARKWAY EXTENSION. Regarding the 1141-B Development proposal NFO#3 VOTED UNAND11OUSLY TO REQUEST THAT THIS PROPOSAL BY DENIED AND ANY DECISION FOR THIS LAND OR ANY LAND WITHIN THE NORTHEST BULL itIOUNTAIN TRANSPORTATION STUDY AREA NOT BE ALLO:iED TO DEVELOP UNTIJ A ROAD ALIGIUIENT FRO-V? GAARDE STREET TO WALNUT STREET BE ~h.ADE PART OF THE TRANSPORTATION ?,4AP OF THE CITY OF TIGARD. NP 0#3 FEELS IT IS THE RESPONSIBILITY OF THE CITY COUNCIL NOT TO ALLOW DECISIONS TO BE MADE ON DEVELOPMENT PROPOSALS IN THIS AREA UNTIL THIS DECISION ON THE ROAD ALIGNMENT IS COMPLETED AND ADOPTED BY THE CITY. IYTE DO NOT FEEL THE DEVELOPERS SHOULD 1:1AKE COMMUNITY DECISIONS THAT SHOULD BE 14ADE THROUGH THE PUBLIC HEARING PROCESS BY-THE RESIDENTS OF THE C004UNITY TOGETHER WITH THE CITY OF TIGARD. Bill Gross of NPO #7 requested that we have a joint meeting in August to talk about Transportation issues common to both NPO areas. Regarding the Parsons Annexation NPOr#3 VOTED TO DENY THIS ANNEXATION PROPOSAL BECAUSE IT IS NOT CONTIGUOUS TO THE CITY OF TIGARD AND IS SETTING A PRRC D-E. IN ANNEXING PROPERTY NOT CONTIGUOUS ON RIMT, MOUNTAIN_ THE AVAILABILITY OF THE PUBL,T_C MIER TO THIS PROPERTY IS ALSO QUESTION-ED. ANNEKATION POLICIES OF THE CITY NEED TO BE CLARIFIED IN PIECE BY PIECE ANNEXATION NOT CONTIGUOUS. Martha Bishopreported about legillation passed in Salem that would not require a vote of the people on Urban Renewgl Districts. She stated only 2 cities uire this vote now, Tigard and Newberg. She will get a copy of the bill. feting adjourned - submitted by Beverly F111oude, acting secetary. LUBA FILING - CITY OF TIG_IRD EXHIBIT z PAGE # -7-7 RECEIVED PLANNING JUL 0 9 1991 ROBERT AND MARTA LUTON P.O. BOX 8041 BLACK BUTTE RANCH, ORE. 97759 JULY 8,1991 TIGARD PLANNING COMMISSION C/O MR. RANDY WOOLEY TIGARD, OREGON DEAR SIR: I RECENTLY RECEIVED A COMMUNICATION INDICATING A ROAD REALIGNMENT THRU THE PROPERTY I OWN ON PACIFIC HIGHWAY AND NAEVE ROAD. THE PROPERTY ABOVE HAS BEEN MADE SOMEWHAT IRREGULAR FROM PREVIOUS ROAD DEDICATIONS TO IMPROVE NAEVE ROAD AND THE PROPOSED ROAD ALIGNMENT WOULD PROBABLY RENDER MY ENTIRE PROPERTY UNSUITABLE FOR DEVELOPMENT BECAUSE OF THE ANGLES. I WOULD WANT TO OPPOSE ANY ROAD REALIGNMENT THRU MY PROPERTY AS IT HAS BEEN MY INTENT TO EITHER DEVELOP THIS PROPERTY COMMERCIALLY OR SELL IT TO A COMMERCIAL DEVELOPER AND THIS ALIGNMENT WOULD LIMIT ANY EFFICIENT DEVELOPMENT OF THIS PROPERTY. SINCE I LIVE IN CENTRAL OREGON IT IS NEAR IMPOSSIBLE TO MEET WITH THE NPO ON THIS MATTER BUT WOULD WANT TO HAVE THE CITY KEEP ME INFORMED OF THE DISCUSSION OR PUBLIC HEARINGS ON THE ABOVE PROPOSAL. UNLESS OTHERWISE NOTIFIED PLEASE CONSIDER THIS LETTER MY OBJECTION TO THE PROPOSAL AT THE PLANNING COMMISSION MEETNG AND HAVE THE RECORD INDICATE THIS OPPOSITION. LUBA FILING - CITY OF TIGARD SINCE Y. EXHIBIT # C~ PAGE # 7 $ I GQ~ - • L July 8, 1991 CITY OF TIGARD OREGON Sue Carver Chair, NPO =6 10155 SW Hoodview Drive Tigard, OR 97224 Re: 109th/Naeve Transportation Map Amendment Sue: At the last meeting, the NPO added a sentence to proposed Note 10. The added sentence provides that 109th should not be opened at the top of the hill until properties to the east are developed. It is still not clear to me why the NPO feels that opening of 109th should be delayed. Because I do not understand the reasons, I am not able to support this added sentence as part of the Transportation map amendment. Perhaps at your July meeting the NPO should clarify its reasons for recommending the added sentence, in order to be prepared to defend • the recommendation at the Planning Commission hearing. If the plan for 109th as proposed is a good idea, why should- it not be implemented at the time the Triad property is developed? If you need for me to attend your July meeting, please let me know. Sincerely, Randall R Wooley City Engi eer rv/czrver c. John Acker✓ , Liz Newton LUBA FILING - CITY OF TIGARD . EXHIBIT PAGE -7 cl 13125 SW HaA Btvd, P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171 RECEIVED PLANNING 0 8 1991 CC REQUEST FOR COMMENTS TO: ~~l G DATE: - G /ZS/ 9 FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO #6) A request to amend the Comprehensive Plan- Transportation Map by (1) designating new minor collector roadways in-the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm.your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: x We have reviewed-the proposal and have no objections to it. • Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Aoc er, Phone Number: CDC LUBA FILING - CITY OF TIGARD EXHIBIT # ~3~ PAGE z 20 RECEIVED PLANNING J UL 05 1991 REQUEST-FOR COMMENTS TO: ~ ~f Z3 DATE: L FROM: Tigard Planning Department RE: Comprehensive.Plan Amendment CPA 91-02 (NPO 96) A request to amend the Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your- comments. If you are unable to respond by the above date, - please phone the staff contact noted below-with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard ►Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker ` PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: , ✓ We have reviewed the proposal and have no-objections to-it. ' Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: _1df91-.7-LZ./ LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE a R RECEIVED PLANNING JUL05 1991 REQUEST FOR COMMENTS • TO: bLe "AN 51- NJAAXA 9-A GA-7, DATE: ~o (-z.8 h I FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO $6) A request to amend the ti Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space-provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd.; Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XXX~(X We have reviewed the proposal and have no objections to it. . Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: -721-2449 LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE v S( of REQUEST FOR COMtCENTS bu TODATE: FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO #6) A request to amend the Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991_ You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: o~ ~ R I L~ ~F' opt J i i Name of Person Commenting: G f 1 C- Phone Number: S Z V- ZS Z ` I TUALATIN VAL NDE RESCUE BEAVERTON FIRE DEPARTMENT GENE BIRCHILL LUBA FILING - CITY OF TIGARD Deputy Fire Marshall EXHIBIT # 3 Plans Examiner PAGE # k 3 503-526-2502 FAX 526-2538 ve 4755 S W-Gritfth Drive • P-O_ Box 4755 • Bean~Or 97005 RECEIVED PLANNING JUL 0 5 1991 ?ErEJVEO J L1 1991 REQUEST FOR COMMENTS TO: DATE : ~U►ML. Zvi l9q f FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO #6) A request to amend the Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XXXX We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: The Tigard Water District has a 8" water line running from S.W. Pacific Hwy. to S.W. 109th. on S.W. Naeve Rd. There are 3 water services off that line. One to The Fountains, and two to the houses on the corner of S.W. Naeve Rd. & S.W. 109th. Name of Person Commenting: Q/1'Lc Phone Number : _(03IQ- 1 ss'I • LUBA FILING - CITY OF TIGARD EXHIBIT v 3 PAGE p~ REQUEST FOR COMMENTS / ~ZFO DATE : ~P /ZS /9 l 10 i Tigard Planning Department Comprehensive Plan Amendment CPA 91-02 (NPO #6) A request to amend the Comprehensive 'Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: L~ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: /lil / i^e.C.000Q! •~F~ mot/ .G._, ~ D~-a~- ~ ~ . . Name of Person Commenting: Phone Number : 6 311 -b 1 & 8X X'? • LUBA FILING - CITY OF TIGARD EXHIBIT PAGE s gS REQUEST FOR COMMENTS TO: ~y w DATE : ~P f Z8 FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO #6) A request to amend the Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No.. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: • We have reviewed the proposal and have no objections to it. Please contact of our office. s/ Please refer to the enclosed letter. Written Comments: Name of Person Commenting: v~ Phone Number: k 545 LUBA FILING - CITY OF TIGARD EXHIBIT # 3~ PAGE a MEMORANDUM CITY OF TIGARD TO: John Acker, Planning / July 11, 1991 FROM: Randy Wooley, City Engineer ,SUBJECT: CPA 91-02 We support the revisions to the Comprehensive Plan Transportation Map as proposed by NPO #6. The plan will provide improved traffic circulation in the neighborhood. The plan addresses concerns raised by the NPO and others in conjunction with past development proposals in the area of 109th and Naeve Street. Proposed Note 10 serves to clarify the routes of the proposed streets and we support this revision too. However, we do not understand the reason for the final sentence in the proposed note, the sentence which requires that a portion of 109th not be opened until properties to the east are developed. We would prefer to see the plan for 109th implemented as early as possible. Completion of • the 109th connection is important to implement the goals of (1) balanced traffic circulation for the neighborhood, (2) emergency vehicle access between Little Bull Mountain and Summerfield, and (3) discouraging of through traffic between Naeve Street and Summerfield. Recommendation: We recommend adoption of the Amendment as proposed by NPO #6 except for the final sentence of proposed Note 10. We recommend that the final sentence be deleted. rw/cpa91-02 • LUBA FILING - CITY OF TIGARD EXHIBIT 3DL PAGE # $ i • REQUEST FOR COMMENTS TO: DATE: G /Z8 FROM: Tigard Planning Department RE: Comprehensive Plan Amendment CPA 91-02 (NPO 'r6) A request to amend the Comprehensive Plan Transportation Map by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. (see attached material) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 9, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. -If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: RU, s-~ Aj Po to., ~t c Name of Person commenting: Phone Number: LUBA FILING - CITY OF TIGARD EXHIBIT 4 3Q PAGE _ S I- RECEIVED PLANNING JUL 2 2 1991 REQUEST FOR COMMENTS TO: State Highway Division DATE: July 11, 1991 FROM: Tigard Planning Department RE: COMPREHENSIVE PLAN AMENDMENT CPA 91-0002 109TH AVENUE AND NAEVE STREET (NPO $6) NPO $6 is recommending that the Comprehensive Plan Transportation Map be revised by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 in the following packet and (2) changing the designation of Naeve Street from minor collector to local street. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by July 16, 1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bV the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: John Acker PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: • We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: bkm/CPA91-02.BKM LUBA FILING - CITY OF TIGARD EXHIBIT z PAGE v ~c1 :4 W ~J.•:i;,,;Vj yJ /.,yl ,rl'"I`;;i' ,'^i;~;. r 11•x':'; r r, 1. 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( ( , 1L a ,t' t7r1, + 1 I I) 'y r r I, 1 J{:..t J ~ vir7f r~,. ° Jyr. 1 R 1•r, W U~ ,N ~I hit " t ' A fill( J~ } , V iff , t A A.' / 1 'A'~t.,;1~~~(„)ln t I ~ ,f ~Ik''J f\K ~1,(b 5 IJ' 71•{ ,1 I`.1~I I..\ r ( J 17' I } Y ~ 1~t 1, V J~ M J/}Y1 j 1 Y~, •j1 ( f~i ~e 1J r 1 f r hr t t r r ~Jit/1 J I' I f,rJJ,I { 1' J I (I') V/;7 p' h ° uN)j t y ~4 , r ,~?/~f"' ~}1r"~ 5J i ( . ' R "9"t I,+r. r 11' 1 r , I f 4~'Vh'~7• ~ ~ ~i ~t1~~. h~A 5 j~,'I'iftt~J T.l J)~::.;. 9 . r t ` • ~l ' ' M1J ' • 41r ''J 4;~ ~~h C4. 1~~' (~I.'~ r ~SEl y'!+~''~.~' ~ t~ dr yy, , { I... r 4..~ y,+`! ^.~'1r`1:1~,'+Y. 1M `r ~ ~~K 1{. ,(j, }~'.d,t~(yy I' I''' . t?4.~Y.tJ.u•~n;:...~,'w:'I,.'+~dJ•1J2vr.,..,~r..' k': i.;.... K KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING N%<, 610 SNI. ALDER. SUITE 700 - PORTLAND. OREGON 97205 - (503) 228-5230 - FAX (503) 273-8169 • June 26, 1991 D JUN 2 6 1991 Project No.: 547.00 Mr. Ross Woods CITY OF TIGARD Triad Tigard Limited Partnership 320 Andover Park East, Suite 235 Seattle Washington 98138-2070 SUBJECT: Tigard Apartments Supplemental Traffic Study Dear Mr. Woods: Kittelson & Associates, Inc. has prepared a supplemental.analysis of the potential traffic related impacts generated by the proposed Tigard Apartments on S.W. Naeve Street and 109th Avenue. This analysis takes into account the proposed realignment of 109th Avenue to Royalty Parkway, as suggested by the City of Tigard, the proposed circulation of the residential area to the east of the proposed development, and the reduced number of units in the development proposal. Generally, the proposed changes to the development and the circulation pattern will not result in any adverse traffic related impacts, nor will the distribution of site generated traffic be significantly affected. A key finding is that the potential for Summerfield cut-through movements by site-generated traffic will be substantially reduced under the realignment proposal. The following pages present the details of the analysis for the changes mentioned above. We appreciate the opportunity to provide additional information and analysis for this project. If you should have any questions -or'comments regarding the attached information, please do not hesitate to call me. 'ncerely, Wil l Wayne K. Kittelson Principal LUBA FILING - CITY OF TIGARD EXHIBIT 3 4 PAGE NPO tt6 APPLICATION Submitted on 6/25/91 COMPREHENSIVE PLAN TRANSPORTATION MAP AMENDMENT FOR THE 109TH/NAEVE AREA Summary NPO #6 is recommending that the Comprehensive Plan Transportation Map be revised by (1) designating new minor collector roadways in the Little Bull Mountain area as shown on Attachment No. 2 and (2) changing the designation of Naeve Street from minor collector to local street. Background On December 17,1990, the City Council authorized Neighborhood Planning Organization (NPO) #6 to initiate consideration of a Comprehensive Plan Amendment focused on transportation issues in the area of SW 109th Avenue and Naeve Street. Subsequently, the Engineering Department staff developed several conceptual plans for a street system in the study area. The study area was generally defined as the area bounded by Highway 99W on the west, Murdock Street on the north, 100th Avenue on the east, and the Summerfield development on the south. The NPO discussed the options at their meetings in March, April and May of 1991. Interested property owners were invited to attend and participate in the discussions. Following discussion at the May meeting, the NPO voted to initiate formal consideration of the specific Comprehensive Plan Transportation Map amendment proposed in this application. Existing Plan In the existing Comprehensive Plan, Naeve Street is designated as a minor collector street between Highway 99W and 109th Avenue. Sattler Street is designated as a minor collector street east of 100th Avenue. These two minor collector streets, along with Canterbury Lane to the north of the study area and Summerfield Drive to the south, provide the primary access routes to the study area under the existing plan. See Attachment No. 1. The current street system is shown in more detail in Attachment No. 3. In general, the easterly portion of the study area is designated for low density residential development. The westerly portion is designated for mufti-family residential development, with some commercial zoning along Highway 99W. A number of large parcels within the study area have potential for redevelopment. Attachment No. 5 shows the existing zoning. CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE 1\ LUBA FILING - CITY OF TIGARD EXHIBIT u 35 PAGE tr 3 Neiqhborhood Concerns • The NPO and others have been concerned about potential traffic impacts of future development Specifically, there is concern that future development will result in unacceptable levels of traffic in the areas of existing residential development. There is also concern about provision of adequate safe access to Highway 99W. Some of the concerns include: • The alignment of existing Naeve Street and 109th Avenue tends to direct traffic into the Summerfield development. Traffic from future development in the 109th/Naeve area may use local streets in Summerfield to access Durham Road. • Currently, a portion of 109th Avenue is undeveloped. If future development completes the missing section of 109th, then additional traffic may be attracted to 109th Avenue as a through connection between Summerfield and Uttle Bull Mountain. • A street connection is needed between 109th/Highland and 109th/Canterbury for emergency vehicles, in the opinion of the emergency service providers. • Within the study area; there is currently no connection between 100th and 109th Avenues. If Hoodview and Kable Streets are extended directly to 109th in the • future, they will tend to operate as minor collector streets. • The intersection of Naeve and Highway 99W currently has no traffic signal, making it difficult to make left turns at the intersection. There is concern about the safety of this intersection if additional development occurs without signalization of the intersection. • There is concern that there are already too many signals on Highway 99W, hindering the flow of through traffic. A signal at Naeve Street might further impede traffic flow on Highway 99W. The NPO was looking for a plan which would address all of these concerns. ODOT Concerns The Oregon Department of Transportation (ODOT) has designated Highway 99W as an Access Oregon Highway (AOH). ODOT is developing regulations to protect the AOH system, including control of access. As a result, ODOT is striving to restrict the number of street and driveway accesses to the highway. When possible, ODOT would like to close existing accesses. • CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE-2 LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE # q Previously, consideration was given to construction of a new access from the study area . to Highway 99W opposite Beef Bend Road. ODOT has determined that this is not an acceptable proposal, due to the steep grades that would be required on the new street approach. The Proposal Attachment No. 2 shows the amended Comprehensive Plan Transportation Map which the NPO is proposing. Naeve Street, currently a minor collector, would be changed to a local street designation. SW 109th Avenue would be extended as a minor collector from its current terminus south of Murdock Street; the extension would curve across the south slope of Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums and meeting Pacific Highway opposite the existing intersection of Royalty Parkway. In addition, a new minor collector street, labeled "Sattler Extension", is proposed to connect between 100th and 109th Avenues at a location north of Hoodview Drive. Attachment No. 4 shows the approximate alignment of the new streets. Traffic Impacts The total traffic to and from the study area is not changed by this revision in the Transportation Map, because there is no change in the zoning. However, the routes used to access the study area may change under the proposed revision. • Traffic using Summerfield streets to access the area is expected to decrease under the revised plan, as the plan provides only an indirect connection to Summerfield. The proposed Sattler Extension will provide a direct access to the east and is expected . to carry approximately 700 vehicles per day when the area is fully developed. This volume is in the low range for minor collector streets and within the range of tolerable volumes for local streets. (The background document for Tigard's Comprehensive Plan suggests a range of 0 -1,500 vehicles per day for local streets and 500-- 3,000 for minor collector streets.) Without the Sattler Extension, some of the traffic would be expected to use Canterbury Lane, Murdock Street, Kable Lane, and Summerfield Drive as a route to the east. Elimination of Naeve Street as a collector street is expected to increase the volume of traffic using SW 109th Avenue to reach Pacific Highway via Canterbury Lane. When the area is fully developed, the daily traffic volume on 109th is expected to be approximately 1,500 - 2,000 vehicles per day near Murdock Street This volume will be substantially reduced if Naeve Street is maintained as a right-tum-only access to Pacific Highway. The new access to Pacific Highway at Royalty Parkway will reduce the projected traffic volume on Naeve Street The new street is expected to carry approximately 1,000 vehicles per day south of Naeve Street when the study area is fully developed. CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE 3 LUBA FILING - CITY OF TIGARD EXHIBIT = 3 S PAGE ff 5 A more complete traffic report has been prepared by the firm of Kttleson & Associates, Inc., and is available for inspection at City Hall. Land Use Impacts The proposed connection between 109th Avenue and Royalty Parkway will impact several existing properties. Each of the properties has the potential for substantial redevelopment under existing zoning. The owners of the properties north of Naeve Street have indicated that they have development plans that are compatible with the proposed street alignment. South of Naeve Street, the proposed new road runs through properties that are zoned for commercial development. In some cases, the new road would split existing parcels into two lots. Each of the remaining parcels could be legally developed under current zoning laws; however, more attractive commercial parcels could be -created by combining the various parcels on each side of the new road. The new road would give these commercial properties-access to Pacific Highwayat-a signalized intersection, allowing left turns to and from the Highway. Currently, most of the parcels have right-in/right-out access only at private driveways. The parcels would still have frontage on Pacific Highway for good visibility. Under its Access Oregon Highway plan, the State Highway Division will be severely limiting direct access to the Highway for any new development. The Sattler Extension is expected to have only-limited impact on the adjoining properties. When the -properties between 100th and 109th are developed, it will be necessary to construct at new street to serve any new lots. -The route of the Sattler Extension appears to be the only available access route to 100th. Hence, it appears that a street on the approximate alignment of Sattler Extension would need to be built with future development, even if not required by the Transportation Map. Timing and Funding During the NPO-discussions questions were raised about how the proposed roadways would be funded for construction and when. Who will pay for these new roadways? How will construction of the new roadways be coordinated with development of the various properties? Typically, road improvements are constructed at the time of development and funded by the developers. Each development is required to build its piece of the roadway system. Thus, the timing for completion of the proposed roadway system depends on the timing of development. At the NPO meetings, there was concern that the proposed new roadway connection from - Naeve Street to Royalty Parkway may need to be completed prior to redevelopment of CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE 4 LUBA FILING - CITY OF TIGARD EXHIBIT irk_ 35 PAGE II q to the adjoining properties. Specifically, it was thought that this roadway connection will be needed at the time that the multi-family. residential property north of Naeve is developed. If the road is to be constructed as one project, it will probably be necessary for the City to purchase the necessary right-of-way and construct the road. Potential funding methods have been identified. Actual funding would probably be by some combination of two or more of the following methods: 1. TIF. Development of the properties north of Naeve will generate substantial revenues from Traffic Impact Fees (TIF). If the new road is identified as a TIF- eligible road, the TIF funds could be applied towards construction of the new road There is a process available for reviewing the list of TIF-eligible roads and adding new roads to the list as a result of a change in the Comprehensive Plan. Council approval would be required. 2. Reimbursement District. If the road were constructed with Citywide funding, a reimbursement district could be created to recover the portion-of the cost which would normally be the responsibility of future development. Each development would then repay its share at the time of development 3. Citywide Street Funds. The collector street would be eligible for funding from citywide street funds derived from gas tax and other sources. The project would have to compete against other priority projects for the use of any citywide funds. • Establishment of Exact Alignments The Comprehensive Plan Transportation Map describes street alignments in general terms. Precise roadway alignments are usually determined at the time of actual development. The precise alignment is typically based on more detailed engineering and the needs of the specific developments that are proposed. Therefore, the proposed revision describes only the approximate alignment of the future streets. When specific development proposals are considered, there is additional opportunity for public review and comment on the specific alignments. Naeve Street/Pacific Highway Intersection Under its Access Oregon Highway plan, the State Highway Division is endeavoring to reduce the number of access points and crossings of Pacific Highway. If the Royalty Parkway connection is constructed, it is assumed that the State will require the closing of the median at Naeve Street, preventing left turns to and from Pacific Highway. It is possible that right turn access would still be allowed. i CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE 5 LUBA FILING - CITY OF TIGARD EXHIBIT v PAGE # 7 Existing 109th Avenue at Naeve Street Existing 109th Avenue north of Naeve Street is a steep narrow gravel roadway. It is intended that this gravel roadway would remain as a local access from Naeve Street to the adjoining properties. It is intended that the gravel roadway would not connect to the minor collector portion of 109th. In the future, when the properties east of 109th are redeveloped, it is intended that the gravel portion of 109th would be eliminated. Conclusions The proposed revision to the Comprehensive Plan Transportation Map appears to satisfy Comprehensive Plan Policy 8.1.1 by providing a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. In addition, the proposed revision addresses neighborhood concerns as follows: • It reduces the potential for through traffic in Summerfield by eliminating the direct connection to 109th and Naeve. • It provides for emergency vehicle access between Summerfield and Little Bull Mountain by a series of indirect connections. • = It eliminates the safety concerns of existing Naeve/Pacific Highway intersection by providing an alternative access at Royalty Parkway. • It provides a new access without requiring any new traffic signals on Pacific Highway. • It is consistent with the Access Oregon Highway standards. rvdcpa-app CPA - TRANSPORTATION MAP - APPLICATION - 109TH/NAEVE PAGE b LUBA FILING - CITY OF TIGARD EXHIBIT 3s PAGE _ ~Ig s • • T h e C i t y o f ST. McDONALO ST. T I G A R D Ordinance No. 91-13 )dap a d o p t e d 06/11/91 E x i s t i n g Comprehensive Plan lp Transportation BULL MOUNTAIN lN a p . r! s rr~.~a.rs rrry'r~ry Attachment No. I Arterial Ma)or Col I e c for M i n o r Collector loc`' NqF S A T T L E R S T . or p~ NOTE: Study area. ma only, for full map see ORD. 91-13. V 0111141 1111 1 m40 r4gr4r4r• O 14114n 4endlle/ ly Inr CIt, S U M M E R F I E l 0 41 t~,4r1 41111r1r, C4.,r4. • ~ IOIS~I44f144 n '4 141erm molion gerlr4y41 lere may b4 1414nd4d to b4 N 0 R T `H V4ed 411n 4ldtli4n4~ ro 1e41rleol 441/4r Inl4rlr4141ir4 1014 04 d414rn1n41 ly 9 f-'~ tA4 Cllr of Ilgerd. c' . D U R H A M R D ~vvralllol) '~~•"`sy'~~'+r+~+rarsr~r 0 10 0 ( 0 d/ I 0 I 1 1 4 "i r. v y n r i. is r ~ s+i+ ►s w LUBA FILING - CITY OF TIGARD EXHIBIT # .3s PAGE # 9ti McDONALD ST The Ci ty o f T I G A R D See NOTES on back of page. Proposed, Revision To Comprehensive P 1 a n BULL MOUNTAIN LN Transportation yyyer r~rti~sa~rrrlrw.~y Map ~ Q Attachment No, 2 a s ° a, Arterial M a ' o r 0j~ m Co~Iector S A T T L E R Collector ST . NOTE; Study area map only, for C-J SEE NOTE. 10 a 9111 map see ORD. l3. ^ 0111141 late a moo 1#010461- Q' O t( lallen 4 an0116d 11 IA4 I.III 1 1 1 1 1 1 1 4 u l 1 1 1 I I 1 ta011a- S U M M E R F 1 E L D 1119 1a101na1146 s/614m OIS) 99110419, Illo6- IN, •0 OiQ A,~ mmey40a1IIIIA04d 1 0 104 :101 9110 94d1114a41 c N 0 R T B 14ae91ael 919/99 Ia141119191i04 data as 44141111aad by DURHAM ' the eltl 111414• (uvloler) ~+e.r .~ar~ RD 0 100 01 / 16/ 1 1) s.tvr~a..~.s.►rr•~ri.~~r.,.rr~rs'r.r ..r•.orw LUBA FILING - CITY OF TIGARD EXHIBIT #3__ PAGE # I DD (STAFF NOTE = Note #10 has not been adopted by the Council - This is language suggested by NPO #6 as part of the original application.) COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES • 1. Scholls Ferry Road to be realigned to connect with Davies Road. 2- Study area to determine a future connection between the Walnut/132nd intersection and the Gaarde/121st intersection. A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report An indirect connection of minor collectors has been recommended by NPO #3- 3. Approximate alignments are shown for the-extensions of 132nd Avenue south of Benchview Terrace, 135th Avenue south of Walnut Street, and Benchview Terrace west of 132nd Avenue. These streets are to be designed as-minor - - collectors with a design speed of 25 m.p.h.. 4. Study area to determine the configuration of a new connection between southbound Pacific Highway and Main Street 5. Study area to determine the alignment of a minor collector street connecting 68th Parkway near Red Rods Creek with the Dartmouth Street extension; and with Hampton Street at 72nd Avenue with the Dartmouth Street extension within the westerly portion of the Tigard Triangle. 6. Study area to determine the alignment of connections between Highway 217, Kruse Way, 1-5 and the Tigard Triangle. 7. Connections between Hunziker Street, Hall Boulevard at O'Mara Street (generally) and Bonita Road. 8. Study area to consider extension of Hall Boulevard southward-to connect with Boones Ferry Road in Tualatin for either pedestrian or vehicular access. 9. (Deleted) 10. An extension of Sattler Street from 100th Avenue to 109th Avenue intersecting 100th Avenue at a point approximately 200 feet north of the existing Sattler _ Street intersection. An extension and realignment of 109th Avenue south of the Sattler Street extension, to intersect Pacific Highway at Royalty Parkway. The realigned 109th Avenue shall intersect Naeve Street at a point approximately 250 feet to 450 feet east of Pacific Highway. The opening of 109th Avenue at the top should be contingent upon development of the properties to the east of 109th Avenue. • LUBA FILING - CITY OF TIGARD EXHIBIT # 3t PAGE I# C~ PAGE 9 The City of T I G A R D Y Existing TE Slrect System Attachment No. 3 A r t e r i al C o I e Col ector 40 M i n o r Collector u EEIT <<~~ pk ST ¢~jp~A EU n 8Qm m~ 01111.1 1.1• ~ m•I rrl~•rr,• t1 1•ll•n ••ngllrl ►q IA• tllq W' •I ilq~rl alllltlrq q••gra- qll• Inl•rn•II•r Strlrm I LL 1i ~ q~noll•nIl•rlrlq•Irl•r• ~ eon e• lot•eaol la el iP ® u••1 •IIA •olilioe•1 9 QO 0' 0 N 0 R T N I•egrlaal orI Inl•rorlo•l1111:140 lr 0 •1 1.1•rnle04 Iq ee ® Ike MY Ilglrl. tyl 11111f c y r o loo ~olll/llt) LUBA FILING - CItY OF TIGARD EXHIBIT # 3. _ PAGE # / 0 ~ The City of T I GAR D Y Street System with Proposed - a Revisions Attachment No. 4 Arterial a ' o r Co~ lector n o r Collector A P P R 0 AT ER E A L I N M E T STREET NOTE; Location <t of near streets CLOSURE. is approximate Precise location t< sr n to be determined at the time of detailed design 0111111 Iota 8 mop r601/11e- Illlon /enpllld by IAI Illy 11 llglrl ulllltllq 41/gr1- p815)I/ofllarl'1 Illorm motion porlroyol lire nay Al IIIInd1I la 0e ® 0 N 0 R T H 1111AIIC/11111/lfnll i1h id CrJ ® ®0 lotlrpnlllirl doll 0 11 dltlrnlnod ey the Clly of Ilford. t o o ( 041181111 LUBA FILING - CITY OF TIGARD EXHIBIT # 35 PAGE # _ ~p3 1 The C i ty o f Fli HI ^N C ~71 ID R-~ - T I G A R D IF7 a Existing 17 /Y /2 - ~ Z o n i n g cs) Attachment No. 5 WA H.C. C~ E R-l2 60to e 2 I- A 2 (ol - (PD NqF KING 25 F CITY s i m® R "Lu (PD) Dllllnl l.l/ ! nll r1pr~11.11 / ~ ~ Ills 1.n11111 II Inl GI II 11 m 114111 111111111 GInSr0lAlt~ In1/lmlll/n 51111n (tlSl I/llvl rl, 111 /lq 111111 ® - OIr111f10 1111 m0/ D1 b ~ 1 Inl1 nl11 ll 11 u11d /ilh 0 / N 0 R T R Illlli.nel ll eAnit/1 ( .11/.1 Inllr111111111 ® 1111 11 III11m1111 IJ V% lit 011 114111. to cs DURH (V _ 0 100 (01/10/11)x_ LUBA FILING - CITY OF TIGARD EXHIBIT If 3S' _ PAGE # U LUBA-FILING - CITY OF TIGARD EXHIBIT 71 L~ PAGE n j p5 CITY OF TIGARD, OREGON COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Boa 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. (YA OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: s DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION 5W (A) Application form (1) (B) Owner's signature/written TAX MAP AND TAX LOT N0. S 0 51 L082- authorization I L5 2-5 / V L . 1 U ✓(C) Applicant • s statement G ~r SITE SIZE ~ (pre-app check list) % OPERTY OWNER/DEED HOLDER* KVWIVO (D) Filing fee n1l7 ADDRESS PHONE Additional- information for Compre-x`77 CITY ZIP sive Plan Map Amendments/Zone Changes APPLICANT* jr - ✓~E) Maps indicating property ADDRESS 101§1 6W 0 &PHONE o 39- location (pre-app check list) CITY ZIP- 97 L Z (F) List of property owners and *When th- er and-the applicant are different addresses within 250 feet (1) people, the applicant must-be the-purchaser of record (G) Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) from the owner or an agent of the owner--with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from to and a Zone Change from to N.P.O. Number: OR The applicant requests an amendment to the Planning Commission Approval Date: • following sections of the Comprehensive Plan % or e W City Council-Approval Date: 0737P/23P/ I r4~ / Revd: 5/87 ~ ( ~%4~l M~ !Li - ~jti; 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: _ M)t " ' - 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S), SHALL CERTIFY THAT: A. The above request does not violate any deed- restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, - attachments,- and - exhibits transmitted herewith,. are true; and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the- entire -contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this J day of 19-9/ U SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL:pm/0737P) LUBA FILING - CITY OF TIGARD - EXHIBIT A PAGE r IOCo l r 2:04 CATION LIST FOR ALL APPLICATIC 1. V_'1'NP0 NO. 3 ) copies CPO NO. _ 2 C S . Building Official/Brad R. Parks & Recreation Board City Recorder Police Engineering/Chris D. Field Operations Permits Coordinator/Viola G. 3. SPECIAL DZ RICTS Fire District School Dist No. 48 (Pick-up box) (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 -zigard Water District l/-School Dist. 23J 8777 SW Burnham St. (Tigard) Tigard, OR 97223 13137 SW Pacific Hwy. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Transp. Boundary Commission 150 N. First Ave. 320 SW Stark Room 530 Hillsboro, OR 97124 Portland, OR 97204 Brent Curtis • Kevin Martin METRO Joann Rice 2000 SW 1st ave. Scott King Portland, OR 97201- Fred Eberle 8~-- • - Mike Borreson Y DLCD (CPA's only) City of Beaverton 1175 Court St. NE Jim Hendryx Salem, OR 97310-059G___11 PO Box 4755 Beaverton, OR 97076 Other State Highway Division city Lee Gunderson PO Box 565 Beaverton, OR 97075 5. SPECIAL AGENCIES ' / General Telephone V Portland General Elec. Mike Lutz Brian Moore 12460 SW Main St. 14655 SW Old Scholls Fry. Tigard, OR 97223 Beaverton, OR 97007 NW Natural Gas Metro Area Communications Ronald D. Polvi, PE, PLS Jason Hewitt 220 NW Second Ave. Twin Oaks Technology Center Portland, OR 97209 1815 NW 169th Place S-6020 Beaverton, OR 97006-4886 TCI Cablevision of Oregon US West . Mike Hallock Pete Nelson 3500 SW Bond 421 SW Oak St. Portland, OR 97201 Portland, OR 97204 L~ v LUBA FILINV. - CITY OF TIGARD r 7/2-Z EMIBIT = 3-2 _ L PAGE ~ /0 1 6. STATE AGENCIES Aeronautics Div. (ODOT) DOGAMI Engineer Division of State Lands Board of Health Commerce Dept. - H_H_ Park Fish & Wildlife Parks & Recreation Div_ LCDC Subdivision Supervisor Dept. of Energy PUC Dept. of Environ_ Quality Fire Marshall Other 7. FEDERAL AGENCIES Corps. of Engineers Other Post Office 8. OTHER Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800F NW. fith Avenue, R. 324, Union Station Portland, OR 97209 bkm/NOT.LST 10 LQBA FILING - CITY OF TIGARD EXHIBIT # PAGE O SUPPLEMENTAL TRAFFIC IMPACT ANALYSIS for the TIGARD APARTMENTS Developer: Triad 1Egard Limited Partnership 320 Andover Park East, Suite. 235 P.O. Box 88070 Seattle, Washington 98138-2070 Prepared bp: Sittelson & Associates, Inc. 610 SW Alder Street, Suite 700 Portland, Oregon 97205 (503) 228-5230 June 1991 Project No.: 547.00 LUBA FILING - CITY OF TIGA.RD EXHIBIT 3g PAGE 4 b OVERVIEW Kittelson & Associates previously prepared a Traffic Impact Analysis, dated February 1990, (Reference 1) for the proposed Tigard Apartments configured with 364 multi-family units, which identified the site generated traffic related impacts on the surrounding street system. This report was amended on March 7, 1990, in a letter to Ms. Suzette Fontana, by a supplemental report (Reference 2) which responded to four specific issues raised by the City of Tigard. These issues were: • Revise the traffic analysis to consider a possible connection of the two currently severed segments of 109th Avenue. • Revise the traffic analysis to consider the effect of a full access drive on Naeve Street as opposed to the restricted tight turn only access evaluated in the original report. • Consider the potential for existing development to the south to use Naeve . . Street due to the required roadway improvements on Naeve Street. • Assess traffic operations at the intersection of 109/Naeve Street for all alternatives. The results of both the original and supplemental traffic analyses revealed that the proposed apartment development would not cause significant traffic related impacts on the surrounding street system. One of the conclusions of the previous reports was that under cumulative future conditions, the intersection of SW Pacific highway and Naeve Street may need to be signalized. The effects of this potential new signal were analyzed as part of a system of signals on SW Pacific Highway, and it was determined that adequate signal progression could be obtained. Since the initial reports were submitted, discussions have continued with City staff ODOT officials, and neighborhood residents regarding other roadway alignment options that might better serve the needs of all. As a result of these discussions, two street system alternatives have been developed requiring some modification to original site development plans. i LUBA FILING - CITY OF TIG.ARD EXHIBIT # J g PAGE Accordingly, this supplemental report has been prepared to identify the net change in traffic- related conditions likely to be caused by these proposed modifications- CIRCULATION CHANGES Figure 1 displays the realignment of 109th Avenue as currently suggested by both Neighborhood Planning Organization #6 (NPO 6) and Tigard Triangle Limited Partnership. As shown in this figure, the northern portion of 109th Avenue would be extended to the southwest in a curvilinear fashion to connect with SW Naeve Street. This realignment would bisect the project property, resulting in approximately 25% of the developable land located in the-southeast quadrant of the parcel being separated from the rest of the property. Additional off-site street system modifications are also being suggested by NPO 6 that do not have an effect on the overall site development plaits. Specifically, the 209th AvenuefNaeve Street alignment would be extended to connect Royalty Parkway, thereby providing signalized access onto and off of Highway 99W. Additionally, the west leg of Naeve Street would no longer intersect SW Pacific Highway and, instead, would terminate in a cul-de-sac configuration to maintain public street access to all abutting properties. The location of the specific termination point of this leg of Naeve Street is not addressed in this report. However, the area between the termination point and SW Pacific Highway would probably be abandoned or, at a minimum, reclaimed in some manner. Third, the eastern and western segments of Murdock Avenue would be connected to allow continuous movement along the full length of this roadway. Finally, Sattler Avenue would be extended westward to connect with 109th Avenue as shown in Figure L Under the NPO 6 proposal, the east leg of Naeve Street would continue as currently configured and intersect the existing southern portion of 109th Avenue. However, the existing portion of 109th Avenue between Naeve Street and the point where the new realignment to the southwest begins would be abandoned- The purpose of the proposed realignment of 109th Avenue and the various street abandonments is to discourage drivers from accessing Durham Road by travelling through. the Summerfield residential area, while at the same time provide an opportunity .for the residents of the Summerfield area travelling to and from the north to access the signalized . intersection of SW Pacific Highway and Canterbury Lane. The purpose of the several LUBA FILING - CITY OF TIGARD EYEIBIT 3g PAGE : III NORTH Q~ OR000K C> 0 Bc'xF B£h'0 . <n < - =SITE p O SAMa fXiDOON - . SAMIR - = ~acn P1~Y S1Aa1~D PROPOSED STREET SYSTEM MODIFICATIONS LUBA FILING - CITY OF TIGARD Figure ~a EXHIBIT z 3 4 TICARD APARTMENTS { PAGE l ) 1 June 1991 i sa7woti C identified avenue extensions is to promote good local traffic flow by providing convenient intra-neighborhood circulation opportunities to the local residents. LAND USE CHANGES As mentioned above, the realignment of 109th Avenue results in a bisection of the proposed project property. Triad Tigard Limited Partnership has prepared a revised.site plan based on the identified realignment of. 109th Avenue. This site plan results in approximately 60 multi-family units being located on the southern parcel and 288 multi-family units being located on the northern parcel, for a total of 348 units. This represents a 4.5 percent decrease in the number of units assumed for the purposes of the previously-prepared traffic impact analysis reports. Accordingly, this change in site development plans results in a 4.5 percent decrease in the daily and peak hour traffic expected to be generated by the site. The table below presents a revised estimate of the trip generation characteristics of the proposed development using the reduced number of units. Generated Trips AIL Peak Hour PdNL Peak Hour Land Use Size Daily Total In Out Total In out multi- Family Housing 348 2314 182 38 144 220 144 76 In addition to this traffic, the previous reports also considered the future development of nearby (but unrelated) properties that - are designated and available for residential development. The remainder of this supplemental report includes consideration of this additional traffic as well. Thus, the analysis reflects conditions likely to. occur only upon buildout of the site vicinity area. There is some legitimate question as to the future distribution of site generated traffic under the proposed street system modifications. On the one hand, there is potential for this traffic to focus* its morning and evening peak hour activities toward Pacific Highway for all LUBA FILING - CITY OF TIGARD EXHIBIT f PAGE TO t 3 . northbound and southbound movments (recall from the previous traffic reports that 70 . percent of the site-generated traffic is expected to travel to and from the north during the morning and evening peak hours for employment and shopping opportunities). The proposed modifications to the street system support this trip distribution notion by providing more convenient and signalized access to Pacific Highway, both at Canterbury Lane and also at Royalty Parkway. The results of this trip distribution pattern (in terms of net additional traffic on each road segment) are shown in Figure 2 for morning peak hour, full buildout conditions. If this trip distribution pattern were to be realized, then the net additional traffic impacts of the new residential impacts on the local street system would be minimal. There is, however, the potential that traffic from the new residential areas would make greater use of the improved local street system to travel to and from the east. This could occur if, for example, these drivers fo-.md Hall Boulevard or Durham Road to be faster routes to I-5 (and other northern destinations) than Pacific Highway during the peak hours. For this reason, a second trip distribution pattern was assumed in which a significantly higher percentage of site-generated traffic was estimated to make use of Murdock and the Sattler extension. The results of this scenario are shown in Figure 3 and indicate that, even under this worst-case neighborhood impact scenario, traffic volumes on Murdock Avenue would grow by less than 20 peak hour (200 daily) vehicle trips, and on Sattler Road by less than 70 peak hour (700 daily) vehicle trips. These volumes are well within the threshold levels normally established for local streets and collectors in the Tigard area- From a traffic circulation perspective, the overriding benefit of the proposed street system modifications is in providing a significant deterrent to short cut traffic by-passing the intersection of Pacific Highway and Durham Road. Attempting the short cut would result in significant out of direction travel and delay for these motorists. Therefore, while the realignment of Naeve Street does not prohibit the two neighborhoods (the proposed residential development and the existing Summerfield neighborhood) from interacting, it does discourage non-local traffic from short cutting through the neighborhood. TRAFFIC OPERATIONAL EFFECTS Because the net effects of the proposed off-site changes are so small (in terms of the absolute number of site-generated vehicle trips), the findings and conclusions associated with the original traffic impact analysis reports are still valid- Thus, all major signalized and LUBA FILING - CITY OF TIG-1aD EXHIBIT a PAGE n NORTH ,ems- ~O O v~' ~'~C'.BURI' Q~ WURDOCIC 5 5 o_ BEEF BEND - =5 SAT UR a fr?MON - BATTLER 7 0 Ro O PLAY SI11d>43:6~ (SCENARIO 1 - AM PEAK HOUR) DISTRIBUTION OF ADDITIONAL AREA TRAFFIC LLIBA -FILING - CITY OF TIGARD Figure lK EXHIBIT TIGARD APARTMENTS PAGE # June 1991 2 5<7L002 NORTH Q~ - BEE BEND > N =:=SITE:::==_ ~ ~C-~1rJ 5 5 ---o ~ o P~'AY AI~IEID (SCENARIO 2 - AM PEAK HOUR) DISTRIBUTION OF ADDITIONAL LuBA FILING -CITY OF TIGPRD AREA TRAFFIC EXHIBIT It ~g Figure p PACE ,1(o TIGARD APARTMENTS June 1991 547LOW f t unsignalized intersections within the site vicinity are expected to continue operating at acceptable levels of service during weekday morning and evening peak hours, even with full buildout of the site in accordance with the proposed site plan and under either of the assumed trip distribution patterns. Further, it is not expected that development of the site in accordance with these plans will create or exacerbate any on-site or off-site traffic safety problems. Therefore, no additional off-site transportation-related improvements are recommended. REFERENCES 1. Kittelson & Associates, Inc., "Tigard Apartments Traffic Impact Analysis" (February 1990) 2. Letter to Ms. Suzette Fontana from Mark Vandehey (March 7, 1990) • • LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE # [ Fo L~ ODO T wo 7L LUBA FILING - CITY OF TIGARD EXHIBIT # 3q - - - PAGE # (`iS ~-------r~r.r .,..r......- ..r....r.-.....~.+..~.e....,..,~....a...,,,,,,,.-1....o.-..a...-..,~.,..~.,..,~,~ rv.....w... GAARDE ST, McD0NAL0 The C i ty o f ST. T I G A R D Ordinance No. 91-13 1 Map adopted 06/11/91 EX i s t i ng Comprehensive Plan ~ Transpo M r t a t i o n BULL MOUNTAIN RD LN Map r tart r.rrr~a►a~rrrsrrryys ~Al AttachmenL No. I Arterial Col lector Minor C o I I e c L o r NgFV S A T T L E R F ST. NOTpEonltudYforea full map see ORD. 91-13. .a ~ d l I l g e l l l l r l r q S U M M E R F I E L D E R F I E L D 1111%, 1111 leldredlldr :,dldm OIS) ddflaerd, Irldr- iQ- mel len °er lr e,el Irre me, Ir Irlrnddd le Ir edel ailA dldllldnrl N 0 R T D Idlldidll 111/dr Inldrgrdletird 1111 el ddlrrnlned IJ lbs DURHAM - "I,'( ►rvleri°1) +e.r-.►..r warrarrarr'~'.."s'r'~'.'"'"'.ra^' 0 (0 D~ D 1 / 16 / 1 1 ) ara..in►a~i O .r~►arr~.►,rr► LUBA FILING - CITY OF TIGARD EXHIBIT # PAGE It ~ Iq .HI NC R_ The City of T I G A R D i Q I Existing R /2 Zoning Attachment No. 5 i LN. I i I WA H.C. C` (PD r KING 25 E CITY m m® ~ R -90-921 0111111 1111 J nll rlyrlllnlel I (PD) ~ 111n e1n~►Ilel Ip IAI Cllp el 1101rd Illllll10 IlnlIIp111 1111In11iIa Sllllal (SIS) _ 1111 vI I1, Ill ern it i/1 ® 0 ~ perlrlpld 1111 mop Oe R e inlla111 11 11 ulrl .IIA ,(J N 0 R T R i1/11ien11 I,Ilellel ® 0 all/el iatlrpr1111ir1 p 1111 1I aellrmllll Ip~ r®G (p S~ I 1g 11YO C011M11 11 X11 UR~ 0 t00 ~OII17/IIJ LUBA FILING - CITY OF' TIGARD PAGE # • " The City of T I G A R D Y Existing C Street Q System Attachment No, 3 Arterial Major Collector Minor Collector t~ 4-U tl W-1, 1. if 11 117 Pk ST n 1#10 l map rrprrtrr- _ ~ trll.n eenpll H 1r Ino Cllr ff^^^AAAIII ~ ~I tlgorl u111111rq Ctogre• ^I I11C Inlnlnoll~r S/Ilom ® qIS) rollraro, Irlor- ~i motion pdrtrdr~l Irrl mor Oo iltlndtd to EI ,,~t~ dp urod ~ilA eldillonol QO t~0 0 N 0 R T II dl drlrrnlnrd It IAA Cllr e( figar d. m ® )YPlot03) : r a~:~cs~.s..o..~~...7,~:~•.;r.;r.,:err..~,.a~.:.a~: ° t o o h o d/ I a 1q 1) LUBA FILING - CITY OF TI:GARD EXHIBIT /1 _ 3"?_ PAGE !t _..La-L_._ The City of Cc] T I GARD Y Street System u Nv with Proposed Revisions _ Attachment No. 4 A r t e r i a l M a 1 o r a Col lector nor Collector A P P R 0 A lER E A L I N M E T STREET NOTE; Location CLUSURE of new streets is approximate 0 Precise location at thedtimemof detailed design Dlglldl 1/1a ! ma/ rlDrlaar- " I/llaa t/n$lll/ 1r lA4 Cllr /1 111ar1 utlllrlrp Ca/lra- 1CIS)laallaaraaa Salarw 1 ~ mallaa p/r lraral I/ra P mar DI lalandld la 1a ua// a{IA all{Ilanal N O R T H I/IAalaal aal//r 0 {nlarDrafalfra Iola ® IPIN, 0 as d/tarnlnll 1) 1Aa C11r at Tigard. ,C m MOP (111`10101) 0 t00 (01J1Dj11) r 1 LUBA FILING - CITY OF TIGARD EXHIBIT # 3CI PAGE # _1 1~ i CERTIFICATE OF FILING 2 I, Catherine Wheatley, hereby certify that on September a`I , 3 1991, I filed the original of this INDEX AND RECORD in LUBA No. 91- 4 137 with the Land Use Board of Appeals, Suite 220, 100 High Street, 5 S.E., Salem, Oregon 97310 by first class mail. 6 DATED: September 1991. 7 8 Catherine Wheatley 9 Tigard City Recorder 10 11 12 CERTIFICATE OF SERVICE 13 I, Catherine Wheatley, hereby certify that on September, • 14 1991, I served a true and correct copy of this INDEX AND RECORD in 15 LUBA No. 91-137 by first class mail on the following person: 16 James H. Bean Lindsay, Hart, Neil & Weigler 17 222 S.W. Columbia, Suite 1600 Portland, OR 97201 18 DATED: September '~?4, 1991. 19 20 21 Catherine Wheatley Tigard City Recorder 22 23 24 ~wgoo2a avdaa 25 26 ODONNMJ, YAMIS, C WW 8 COMO" Attormr at Law 1717 N.W. Hoyt Street Rndai4 Page 1 - CERTIFICATE OF FILING AND MAILING T (5M) 222972M4402 FAX: (503) 2432944 m 3 .D w. s f.! T i v lc 11-13 r. x.:. r . >I ' f4 d 0 r 3 I A ...u.x..::Fr" g e y V 3 is: e.: ti to in. . E ax s'£ d is a Moot" it Proposed x took 0 f - 411 xa a x ~y _ p ~ .......xxxxxx..xxxxxx..xxxxx_x.._x.~..w a :fC r v x < > u:. w. ..x:!x:. x 10 r r , i s' ° € 'P4gsrt at3liai~g ~$r re" " ....x.. 5Ia jai+:~~?t§a ~;•.,a ! ~~cf.rs~~t~9trA ~atm E E' «xxx. ° x I s 8' 2 _ t a x a e r. _ . In, r < nm~ 3 y. 4 a e 194 In all d - i alit I%ktn% 4.2 ~ ~ ~ Io r E~si 12 ..xNe Olin T "?l;sti.= ..3 ' a....:. ^ £ ` ♦ m " 8~ ; t' i r 1N >d .......................:.....::.~.....w _ _ .::~....~a:<w.: ~x <...<...m...«. att. < b E . < E R i x . ~ .mow x ~r i ' ".<nm ......m~.. .....W..«..»._......xxx 3~ r .._..,.r.»r-w ~ e P € ...~x« w". wu• ~ m t- Or s 3 M+ € R. w .A t( TQgiKF •'.I?H3►8y 889@ax" y Pilo ;a8afffi6At"8 130I ..x<; .....w. - a ~ ~ ~ -s 1kaa3f s~~2 84194 ~ r 5 r x , : > r..xr..... moo. ~`a~ _ .~a W , ..w. _..;Y r_ ~ .mot j~ tft .u.. ..n-... Y JAMES H BEAN LINDSAY, HART, NEIL & WEIGLER 222 SW COLUMBIA, SUITE 1600 PORTLAND OR 97201 i I _t LAND USE BOARD OF APPEALS OF THE STATE OF OREGON 100 HIGH STREET SE SUITE 220 SALEM OR 97310 MR MICHAEL C ROBINSON O'DONNELL RAMIS CREW & CORRIGAN 1727 NW HOYT STREET PORTLAND OR 97209 i NPO 6 C/O SUE CARVER, CHAIR 10155 SW HOODVIEW DRIVE TIGARD OR 97224 01/29/92 12:30 '[i'iu:3 2LU s40u 25 Uti_ Kish viii Ur ~lU02 - 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON J,8 Zo S~ F~~ J` 3 R 4 MARGE DAVENPORT, ESTATE OF ) 5 BERNARD A. McPHILLYPS, and ) 6 ROBERT C. LUTON, ) 7 ) 8 Petitioners, ) 9 ) - 10 vs. ) 11 ) LUBA Nos. 91-_133 and 91-137 12 CITY OF TIGARD, ) 13 ) FINAL OPINION 14 Respondent, ) AND ORDER 15 16 and ) 17 18 TRIAD TIGARD LIMITED PARTNERSHIP, ) 19 and ROSS WOODS, } 20 ) 21 Intervenors-Respondent. ) 22 23 24 Appeal from City of Tigard. 25 26 Jack L. Orchard, Portland, filed a petition for review and 27 argued on behalf of petitioners Marge Davenport and Estate of 28 Bernard A. McPhillips (LUBA No. 91-133). With him on the brief 29 was Ball, Janik & Novack. 30 31 James H. Bean, Portland, filed a petition for review and = 32 argued on behalf of petitioner Robert C. Luton (LUBA No. 33 91-137). With him on the brief was Lindsay, Hart, Neil & sY 34 Weigler. 35 36 No appearance by respondent. 37 38 Steven L. Pfeiffer, Portland, filed the response brief on 39 behalf of intervenors-respondent. With him on the brief was 4 40 Stoel, Rives, Boley, Jones & Grey. Thomas R. Page, Portland, 41 argued on behalf of intervenors-respondent. 42 43 HOLSTUN, Chief Referee; SHERTON, Referee; KELLINGTON, 44 Referee, participated in the decision. Y 45 z' 46 REMANDED 01/28/92 47 y. 48 You are entitled to judicial review of this Order. 49 Judicial review is governed by the provisions of ORS 197.850.. Page 1 i!i/:b;xc tL:.io p503 220 2460 S3ti*'L rCt~zD ;+y i;Ii Cir TIi;.uiv - 1 Opirion by Holstun. 2 NATURE OF THE DECISION 3 Fetitioners appeal an amendment to the.Tigard Comprehensive 4 Plar (TCP) Transportation Map. The challenged amendment 5 dcangrades the existing plan designation for one street, 6 •Apgrades the existing plan designation for two others, and adds 7 extensions of the two ungraded streets. e MOTION TO INTERVENE 9 Triad Tigard Limited Partnership and Ross Woods move to 10 intervene on the side of respondent. There is no opposition to 11 the motion, and it is allowed. 12 FACTS 13 The streets- affected by the challenged decision lie. east of 14 Highway 99W, a north-south arterial highway. Naeve Street is an S 15 existing east-west minor collector, extending east from its 16 present unsignalized intersection with Highway 99W. In order to 17 improve the traffic carrying capacity of the streets in this 18 area, and to avoid increasing the amount of traffic at the 19 current-unsignalized Naeve Street/Highway 99W intersection, the = - 20 challenged decision adopts several changes to the TCP 21 Transportation map for this area- 22 The challenged decision adds extensions of Sattler Street 23 and 109th Avenue to the map, and designates those streets as y: 24 minor collectors. Sattler. Street-, an existing east-west minor _ 25 collector terminating at-300th Avenue, is extended west. from Page 2 -u-J :uJ ..v ~-i0U_ JilJtl. 1C1~LJ. _ i.A II U I AA K -U4 12:Jb 1 100th Avenue to connect with 109th Avenue.! 109th Avenue, an 2 existing north-south local street, is extended south and west, 3 crossing Naeve Street and ultimately connecting with Highway -99W 4 at a signalized intersection across from Royalty Parkway: The 5 challenged decision also downgrades the existing classification 6. of Naeve Street from a minor collector to a local street. 7 Petitioners own property currently served by Naeve Street 8 and would be affected by the street extensions and 9 redesignations approved by the challenged decision. 10 FIRST ASSIGNMENT OF ERROR (LUBA NO. 91-133) 11 Citing St-aw_b?ryy Hill d-Wheelers v 74Pn on Co. 3d of t 12 Comm., 287 Or 591, 601 P2d 769 (1979), petitioners contend the 13 challenged decision is, quasi-judicial, and that the city erred 14 when it determined that the decision is 1egislative.2 15 Petitioners contend that if the challenged decision is quasi- 16 judicial, Tigard Community Development Code (TCDC) Section =in addition, the TCP Transportation Map Notes are amended to state that the design of the Sattler. Street extension may vary from the city's standards for minor collector streets- 2In Strawberr_-v will a-Wh-a ers v. fla_nton Ca_ 3d- of Cm-r-n., 21U=, 287 Or at 602-03, the Oregon Supreme Court set forth three factors that must be considered in determining whether a local government decision -is quasi-judicial, Those factors may be suumarized as follows: 1. Is "the process bound to result in a deci3ion?- 2_ Is "the decision bound to apply preexisting criteria to- concrete facts?" 3. Is the action "directed at a closely circumscribed factual situation or a relatively 3-11 number of persons?" Page 3 q UUJ v-/29/92 12: 59--- UOUJ 220 2'80 6 1ljLL K1iLJ x.111 lJf ilk V 1 18-22.C40 governs the challenged decision and that section was 2 not j.pplied by the city.3 Petitioners further contend 3 quas.l-judicial plan amendments must be accompanied by adequate 4 fi-dings demonstrating compliance with applicable approval 5 c-i.teria, and petitioners argue such findings are lacking. 6 We - agree with petitioners that the first two of the 7 gtrawberrv Hill 4--Wheelers factors are satisfied in this case. e By virtue of TCDC Section 18.30.130.0, an application for a plan 9 amendment is bound to result in a decision, whether the proposed. 10 amendment is legislative or quasi-judicial... Accordingly, the f: 11 first of the Strawberry Fill 4-Wh *-n factors is present. 12 Additionally, as noted below,. all amendments to the TCP involve, 13 at a minimum, the application of preexisting criteria., namely 14 the statewide planning goals and relevant CP policies. Thus s factors is also. .15 the second of the Strawberry Hill d_-Whee? er 16 satisfied. -17 However, in applying the third of the Strawberry Hill 18 Q-Whe,Iers factors, we conclude the challenged decision is not 19 "directed at a closely circumscribed factual situation or a 20 relatively small number of persons.,, Although petitioners 7 21 contend there are only nine parcels directly affected by the :t r 22 challenged amendments, it appears many more parcels are at least 3Although we need not reach the issue, it appears that TCDC Section 18.22.040 establishes criteria governing adoption of quasi-judicial 7enna y map amendments, not quasi-judicial Qlan map a.'n-ndments. The challenged decision does not amend the zoning map. L Paoz 4 - h n' 220 Z46U JlULI Kitt=J 1113 l!!. lily it[!i_ _ +uJ UUO Esc=': Y 4 p JOJ _ _ P`>~ N l indirectly. affected by the decision. More importantly, as 2 intervenors point out, the proceeding that led to adoption of 3 the challenged decision was initiated by aneighborhood planning t .4 organization and was directed at a variety of transportation 5 planning issues. The study area encompassed a large area of the 6 citY s t "fit = including far more than nine parcels. We conclude the `r. 7 city corn sctly determined that its decision in this matter is 8 legislat.ve, rather than quasi-judicial. :yt 9 Ho ever, our conclusion that the challenged decision is 10 legi.sla ive rather than cruasi-judicial does not mean that the 11 statewide planning goals or-plait r code provisions petitioners 12 cite .nder the remaining assignments of- error do not apply to 13 the ;hallenged decision. Neither does it necessarily mean that 14 the city is excused from adopt 'ng findings in support of its 15 decision. As we explained in SLon_ Tm-nker v. Hood Riv . o untv, 16 Or LUBP_ (LUBA Nos. 91-102 and 91-103, November 8, 1991),• 17 slip op 9. - t lE "Quasi-judicial comprehens- I'Plan amendments must be it supported by findings Frh~~ explain why the plan 2J amendment complies with applicable approval standards. :.1 Sunnys id . N ghhorhood . v G-* ackcmzs Co. Comm., 280 Or '_2 3, 19-23, 569 P2d 1063 (19 Although no statute or e aware of specifically 3 appellate court case w4_5 4 requires that all legi`sStive comprehensive plan .5 amendments be- supported. fi=idings, findings. may 16 nevertheless be require. !to allow this Board to 27 determine whether the amended plan remains internally 28 consistent and consistent with the statewide planning 4"The study area was generally defined as the area bounded by Highway 99W on the west, Murdock street on ::the nort;-,, 100th Avenue on the east, and the Surame-:field development on the :south. ^ Record 93. Page 5 01129=!82"--'I j:{0 =`'1Z~Os'220LbG-,Y' _ 'S1Ot~, ZIV CITY OF7-TI 1 goals. OLe& Leaau of Women tare y Klamath Coin v, 2 16 Or. LUBA 949, 913, (1988) 'Tides Unit, Owners Aasnc. 3. v. Cty of Seaside, 11 Or LUBA 84, 89-90 (1984) ; 000 4 Friends of Organn v Marion County Board -of 5 Com•.ii s 4 Toners, : 1 Or LUBA 33, 37 (1980). In Oregon. 6 &JX Ctri c 5J GM AsspC Atjon Rpaverton, 7 Or LUBA 68 7 (1382), sey'd on --Other Qrnunds 66 Or App 436, rev den 8 2')6 Or 829 (1984), we explained that even where the 9 -r.hallenged plan amendment is legislative, Goal 2 10 imposes an obligation that a local government explain 11 why the amendment complies with applicable statewide 12 planning goals. This explanation may be provided 13 .either in findings, or if not in findings, somewhere 14 in the record supporting the legislative plan 15 amendment. Where the local government does not.adopt 16 findings explaining why the challenged legislative 17 plan amendment complies with applicable' goal T 18. requirements, we rely on -respondents to provide 19 argument and citations to the record to assist this 20 Board in resolving allegations by petitioners that the 2' challenged decision does not comply with applicable 2' statewide planning goals." (Footnote omitted.)5 :3 The first assignment of error in LUBA No. 91-133 is denied: 24 25 SECOND AND rouRTR ASSIGNMENTS OF ERROR (LUBA NO. 91-133) _ 26 AND FIRST ASSIGNMENT OF ERROR (LUBA NO. 91-137) .27 Under TCDC Section 18.30.120, legislative plan amendments 28. are subject to compliance with the statewide planning goals, ~9 applicable TCP policies, and applicable provisions of the TCDC.6 30 TCP Policy 3.1.1 provides as follows: . SIn the omitted footnote we explained: "However, neither the appellate courts of this state nor. this _-r= Board have ever. held that the same kind of detailed findings `n~ required by ORS 215.416(9) and 227.173(2) for permits and required under a ppellate court decisions for other quasi- _ judicial land use decisions are required for legislative plan. amendments. Von. , ,bkon v Hood Rive" County, ' supra, _ :.~e~._•.~:.• slip-vp at. 9. See 1so wzent!sch v-' City of Shpxdood, Or LUnA (LUBA Nos. 90-125, 90-151 and 90-158, Order on motions to Dismiss, February 14, 1991), slip op to n 11.'t 6ORS 197.175 (2) (a) and Goal 2 (Land Use Planning) imoose essentially tLe.--::;;:~...-~ ~ same requirement. Page 6 J' J3VtL Ki ~ tJ w it iF ik-AR ) _ UUa 1 "The City shall not allow development in areas having 2 the following development limitations except where it 3 can be shown that established and proven engineering 4 techniques related to a specific site plan will make 5 the area suitable for the proposed development: 6 "a. Areas having a high seasonal water table * * 7 "b. Areas having a severe soil erosion potential; 8 "c. Areas subject to slumping, earth slides or 9 movement; 10 "d. Areas having slopes in excess of 25%; or 11 "e. Areas having severe weak foundation soils." 12 TCP Policy 3.4.1 provides, in part, as follows: 13 "The City shall designate the following as. areas of 14 significant Environmental Concern. 15 * x * x 16 "c. ,.reas valued for their fragile character as 17 habitats for plants animal or aquatic life, or 18 having endangered plant or animal species, or 19 specific natural features, valued for the need 20 to protect natural areas." 21 There a e several implementation strategies or TCP Policy 3.4.1 22 and re?:ted TC_a Natural Areas policies, including the following: 23 "Me City shall review all development proposals _ 24 :.djac,,;nt to wildlife habitat areas to ensure that 25 adverse impacts on any wildlife habitat areas are .Y 26 mini?aized, and if need be, request that other federal, 27 state, and local agencies review the development 28 prcposals."'. TCP Natural Areas Policy 3.4, 29 Implementation Strategy 3. 30 Pf:titioners allege the city erred by failing to identify 31 tae a--)ove TCP policies and implementing strategy as approval 32 crit- ria and by failing to demonstrate compliance with those 33 plat- provisions in making. its decision to amend the TCP 34 Tr~.nsportation nap. Page . Oi:.2g,~g2 12: 1` ` X503 220~2SIOpI:=RI«S`' - Ci't -0i'TIGALRD 1009 1 Petitioners also argue the city failed to apply and 2 _emcnstrate compliance with TCDC Chapter 18.164 (Street and 3 Ut..lity Improvement Standards).7 Petitioners contend the city 4 f:,iled to demonstrate compliance with the following applicable :.treet improvement standards. 6 "The location, width, and grade of all streets shall 7 conform to an approved street plan and shall be 8 considered in their relation to existing and planned 9 streets, and to topographic. conditions, the public 10 convenience and safety, and in their appropriate 11 relation to the proposed use of the land to be served 12 by such streets ; * TCDC Section 18.164.0.30.D.1. 1; "As far as practical, streets shall be dedicated and constructed in alignment with existing streets by continuing the center lines thereof. In no case shall be staggering of streets making 'T' intersections at collectors and arterials be designed such that jogs of _3 less than 300 feet on such streets are created, as 19 measured from the center line of such street.- TCDC 20 Section 18.164.030.6.1. .21 "G*?des shall not exceed 10 percent on arterials, 12 22. percent on collector streets, or 12 percent on any 23 o4.her street * * TCDC Section 18.164.030.M.1. 24 intervenors contend none of the above TCp or TCDC 25 prop sions apply to the challenged plan ameriftent. Intervenors = 26 exI 1• in that under TCDC Section .18.26.030, all. _requests for. 27 de, a •opment approval must comply with the TCP. Further, under 28 TCDC Section 18.120.020, all development is subject to site 29 c_evelorment review. Site development review explicitly requires '7".CDC Section 18.164.010.A provides as foUows: "The purpose of (the Street and Utility improve.~nt Standards) is to provide construction standards for the i.rplementation of pub--c and private facilities and utilities such as streets, sewers, and drainage_" Page 8 U1/ aa U503 220 2480 jii3=L i{li'=3 >i> CITY Ut lIGARD L160"i t-ITP 1 that. the above cited TCDC street and utility standards be 2 addressed.8 "Development" is defined broadly, and would include 3 the street improvements envisioned by the challenged decision, .4 whether or not the disputed streets are improved in conjunction 5 with development of adjacent properties. TCDC Section 6 18.26.030. 7 Intervenors point out TCP Policy 3.1.1 explicitly envisions 8 specific engineering techniques being applied at the development 9 stage to make areas with the cited limitations developable and, 10 therefore, applies at the time a specific development plan is 11 proposed. Intervenors contend TCP 3.4.1(c) simply directs that 12 the city designate certain kinds of areas as areas of 13 significant environmental concern and does not impose an 14, approval standard on the challenged plan amendment. Further, 15 the implementation strategy following that policy, quoted _syg, 16 is explicitly directed at development proposals. 17 We agree with intervernors that TCP Policy 3.4.1(c) is not 18 an approval criterion for the challenged decision, and that the 8TCDC Section 18.120.180.A provides, in part, as follows: "The Director shall make a finding with respect to each of the following cs-iteria. when approving with conditions, or denying an application [for site development review approval]: "1. Provisions of the following chapters: "M. Chapter 18.164, Street and Utility Improvement Standards. Page 9 1~u 146ii Jlvi:l_ tf1%tJ viii Ur iiV=.~l ~iiii 1 remaining TCP provisions and the TCDC- street and utility 2 standards quoted above apply at the time development of the 3 disputed streets is proposed. Those standards are not intended 4 as approval criteria for plan amendments, such as those adopted 5 by the disputed decision.9 6 The second and fourth assignments of error in LUBA No. 7 91-133 and the first assignment of error in LUBA No. 91-=37 are 8 denied. 9 THIRD ASSIGNMENT OF ERROR (LUBA NO. 91-133) 10 Pursuant to Goal 5 (Open Spaces, Scenic and Historic Areas, 11 and Natural Resources) the city has inventoried a number of 12 sites to be protected under Goal 5. Petitioners identify tree 13 sites that either will be or may be affected by the challenged 14 decision, and argue the city erred by failing to explain how the 3 y 15 challenged decision complies with Goal 5.=0 16 When adopting amendments to its acknowledged comprehensive s ya3 Y 9Although we agree with intervernors that the TCP and TCDC provisions discussed under these assignments of error are not approval criteria applicable to the.disputed plan amendments, we agree:rith petitioners that the disputed plan amendments approve an alignment for Sattler Street which has staggered "T" intersections with 100th Avenue closer than 300 feet apart. Therefore, construction of this Sattler Street alig.ment necessarily would violate TCDC Section 18.164.030.G.1; quoted above in the text. The city apparently attempted to address this problem by exerting the design of the Sattler Street extension from the city's standards for minor collectors. we address this aspect of the city's decision infra. loThe city's decision adopts no findings addressing Goal 5, and the inventory maps provided by the parties do not precisely locate the city's j inventoried Goal 5 resource sites. The Little Bull Mountain Natural Forest i and the Kallstrom Fir Grave are both inventoried sites and avpear to be impacted by the challenged decision. Petitioners also point out the-s:u--mit of the Little Bull Mountain area is designated as a Special Area aad contend that it contains resources protected by Goal 5. Page 10 i 1 i iii Ur li~iitii it mil; ~y%ac i1:=:5 (laii:5 LLJ 1.1oU - -bAUL riiitb . 1 plan, the city is required to assure that the amended plan 2 remains in compliance with the statewide planning goals. 1000 3 Fri Pndn of orgaon y. Jackson r-ounty, 79 Or App 93, 97, 718 P2d 4 753, zey en 301 Or 445 (1986). As.intervenors correctly note, 5 the city's acknowledged plan includes a variety of measures 6 adopted to protect identified Goal.5 resource sites. However, 7 here, the city is amending its plan to designate new alignments 8 for minor collector extensions and to redesignate existing 9 streets. These changes in the acknowledged comprehensive plan 10 require that the city identify possible conflicts the proposed 11. action may cause with inventoried Goal 5 resource sites, and 12 explain how those conflicts are resolved, as required by OAR 660 13 Division, 15. 14 Intervenors argue: 15 * * Absent a [sic] indication that the plan 16 amendment would adversely affect the inventoried 17 resources in a manner not anticipated by the City's 18 acknowledged [comprehensive plan and land use 19 regulation] provisions, it is appropriate for the City 20 to rely upon existing implementing measures to 21 maintain Goal 5 compliance. Urquhart v Lane 22 CQunc-i1 of !C-nments, 80 Or App 176, 721 P2d 870 23 (1986) Intervenors-Respondent's Brief 15. 24 -if, ly the above quoted statement, intervenors mean, that 25 ::here a :roposed amendment to an acknowledged comprehensive plan 26 will nor affect inventoried Goal 5 resources or will affect them 27. only i,i a manner already anticipated by the plan and addressed -"OAR 660 Division 15 establishes a process whereby Goal 5 resource sitf.s must be inventoried,- conflicting uses identified, and a program adcated to resolve those conflicts adopted. ?arse .1 ~ 4 U 0 %'292 12:44 503 220 2480 STOEL RIXTS i'111 Cii i uii< iii3 1 in some manner pursuant to OAR 660 Division 15, we agree. 2 However, we do not agree that-we can assume, based o1 the ^!S 3 disputed decision or the record in this matter,. that such i.., the r 4 case here. Where apparently applicable statewide planning gals l 5 are implicated by a challenged decision, the city must either 6 ex.,,lain how the challenged decision 'complies with the goals or 7 e:;plain why those apparently applicable goals do not apply. EAa 8 '_000 MrienclG of nragon v. Washinaton Cou ty, 17 Or. LUBA 671, 9 683 (1989). 10 The third assignment of error in LUBA No. 91-133 is 1.'. sustained. '_2 FIFTH ASSIGNMENT OF ERROR (LUBA NO. 91-133) 13. Petitioners argue the city failed to perform its.obligation 14 -to coordinate its. plan amendment with affected .governmental 15. entities. TCP Policy 8.1.2 provides as follows: 16 "The city shall provide for efficient management of 17 the transportation planning process within the city 18 and the metropolitan area through cooperation with 19 other federal, state, regional and.. local 20 jurisdictions." 21 We assume the above policy was adopted by the city to-implement 22 its obligation under Goal 2 (Land Use Planning) to assure that 23 its plan amendments are "coordinated with the plans of affected 24 governmental units." Tektronix v. City of Beaverton, 18 Or LUBA 25. 473, 484-85 (1989) ; RRajneesh v. Wasc_o .o nn .y, 13 Or LUBA 202, 26- 210 (1985). 27- Petitioners. contend that neither the decision nor the 28 record in this matter establishes the city fulfilled :ts Page 12 y~ i.:+i `G`;iJS ~~Si i-1 Ji/ SiIjLL ti~LJ _iii Ur iila AD -47 1 obligation under the above cited policy ll' coordinat ~ i_ts 2 decision with the Oregon Department of Tra ortatio , the 3 Metropolitan Service District, and Washington County. We 4 ag: ee.12 S The fifth assignment of error in LUBA No. 91-133 is 6 --ustained. 7 8 SIXTH ASSIGHMENT of ERROR (LUBA No. 91-133) AND FOURTI 9 ASSIGNMENT OF ERROR (LUBA NO. 91-137) 1C TC? Policy 8.1.1 provides as follows: ] i "The city shall plan for a safe a-n-d efficient street _2 and roadway system that meets currant needs and 13 anticipated future growth and development." 14 Petitioners complain that the challenged decision does not 15 demonstrate compliance with this policy. ?etitioners in CUBA 16 No. 9_-133 point out that if the extension of 109th Avenue is l7 not ce:.1w_ete:: at the same time the other improvements envisioned 118 by the city's decision, Naeve Street will provide the only 19 outlet onto Hiahway 9914 and contend that unsignalized 20 intersection is inadequate to perform that function safely.13 21 Although TCP Policy 8.1.1 is very general, and intervernors 22 cite a number of places in the record where safety, timing, and 12Although the record shows the Oregon Department of firansportation participated during the local proceedings, there is no indication in the record that the city coordinated its decision with the metropolitan service District or Washington county. 13Petitioner Luton claims "the uneontroverted evidence was that the p-oposed new street system would harm, not help, the development of plaintiff Luton's property." Petition for Review 11. As intervenors correctly note, the policy is directed at-the street and roadway system and does not necessarily require that the city avoid all. actions that may have negative impacts on development of specific individual properties. Page 13 r r '010 15 ui:2b,a.z i2:~~:=-_~.-.. 0503.-.220.=24~s0.-_ Siuci t2ivt;a Cii OF TZG~.xii _ 1 funding of.improvements is discussed, we agree with petitioners .2 that the city must explain why it believes the policy is 3 satisfied by the challenged decision. i 4 The sixth assignment of error in LUBA No. 91-133 and the 1 5 fourth assignment of error in LUBA No. 91--137 are sustained. 6 SECOND AND THIRD ASSIGNMENTS OF ERROR (LUBA NO. 91-137) 7 Under these assignments of error, petitioner raises 8 essentially two issues. First, petitioner contends the city 9 erred by exempting the Sattler Street extension from the city's 10 street standards applicable to minor collectors. Second, 11 petitioner contends the city erred by failing to address 12 Statewide Planning Goal 9 (Economy of the State) and TCP 13 provisions requiring protection of commercial properties. 14 A. The Sattler Street Extension 15 Satt.ler Street presently terminates at 100th Avenue. As 16 approved by the challenged decision, at a point approximately .17 200 feet north of the existing Sattler Street/100th Avenue 18 intersection,. Sattler Street would be extended.from 100th Avenue 19 to t:ne west and designated.a minor collector, thus creating two ' than. 20 "T" intersections with 100th Avenue with a "jog" of less 21 300 feet. As noted above, such a jog violates TCDC Section ~g 22 18.164.030 . G.1•. a n 9, -The city's apparent solution f 23 to this problem was to add the following language to the TCP 24 Transportation Plan Map Notes: 25 "The design of the Sattler Street Extension may vary ` 2.6 from the adopted City standards for minor collectors." 27 Record 21. Page 14 ^`STUEL RIt`ES CITY, OF TIGzxu Z 016 0. /'Ql92 ""`12:X35' . _ t 503'°220' 2 a0`-"- i 1. Petitioner contends the challenged decision offers no 2 explanation of why the above exemption for the Sattler Street 3 extension is .warranted.14 Neither, contends petitioner, do any 4 of the notices of hearing provided in this matter suggest that 5 the city proposed to amend its plan to completely exempt the 6 Sattler Street extension from the standards the city imposes on 7 minor collectors. . Petitioner contends the city's failure to 8 -provide adequate notice of its proposed action violates 9 Statewide PlanningGoal 1 (Citizen Involvement). Petitioner 10 also contends the city's failure to explain why the adopted 11 exemption is warranted constitutes. error. 12 we agree with petitioner that the challenged decision does 13. not explain why the Sattler Street extension is excused from 14 compliance with the street construction standards applicable to 15 rumor collectors. To the extent the exemption is intended only 1.6 to.obviate the requirement-of TCDC Section. 18.164.030.G.1, there 17 is no explanation for why TCDC Section 18.164.030.G.1 cannot be .18 m.et, and the exemption granted is much broader than necessary to 19 eliminate the requirement for compliance with that particular 20 standard. Because we are unable to discern the city's rationale 21 for exempting the Sattler Street extension from the street ti's 22 construction standards applicable to minor collectors, we _ ag 14We agree with petitioner that while the city's intent may have been only to relieve the Sattler Street extension from the 300 foot "T" intersection jog-requirement, the -quoted exemption is much broader .'and apparently provides that the Sattler street extension need not co.TRply with ay of the standards applicable to minor collectors- Page 15 Oi%t9%"901/29/99- i[:48 V503 220 24$0 SiUELzi~"c~ fill iir IiG;iui dui: , (I 1 sustain this subassignment of error.15 2 a. Goal 9 and TCP Commercial Propsrty Provisions 3 .etitioner contends the challenged decision will have 4 significant adverse economic impacts on his property. The 5 :xtansion of 109th Avenue may cut petitioner's property into two 6 oercels. Petitioner contends downgrading Naeve Street to - a 7 1>cal street will adversely affect access to petitioner's f c)nmmercially planned and zoned property, in view of these iiipacts, petitioner contends the city erred by failing to L0 e-:plain why it decision is consistent with Goal 9 and TCP 11 J-rOVi5iOn3 requiring protection of commercial properties. 12 Petitioner's concern is that the properties now served by 13 Naeve Street, and his property in particular, will be adversely 14 affected by the challenged decision. it is' not at all clear to 11 us how the potential adverse transportation and access. impacts 6 noted on the pages of.the record cited by petitioner could 17 mount to a violation of Goal 9. As intervenors correctly note, Goal 9 recauires the city "[t]o diversify and improve the economy .9 of-the state." The goal does not require that all city planning 20 decisions avoid adverse -economic impacts on individual 21 properties. Petitioner's Goal- 9 allegations are not 1SIn arguing the notices of hearing provided by the city violate Goal 1, petitioner does not identify specifically which provisions of that Goal he believes were violated and does not cite provisions of the TCP or the TCDC that may have been adopted to govern notice of legislative plan amendments or element Goal 1. On remand, the city presumably will assure that.-its notices of hearing are adequate to advise persons wishing to participate in those proceedings of the nature of the action it intends to take.. Page 16 t i i 1 l i b axu - - Ul; La%aL ..Y:iO uc 1 sufficiently developed and are rejected. .2 The TCP policy cited by petitioner requires, with specified 3 exceptions, that the city "prohibit residential development in commercial and industrial zoning districts.." TCP Policy VI.5. 5 Petitioner's argument is apparently based on his view that the 6 challenged decision is primarily intended to allow development- 7 of intervenors' resider 1 zoned property. Because the 8 challenged decision does not approve residential development in 9 commercial and industrial zones, we fail to see how the 10 challenged decision violates TCP Policy VT-5. However, Economic 11 Implementation Strategy 19, which follows this policy, presents 12 a different question. That strategy requires as follows: 13 "The city shall coordinate its planning efforts with 14 tae Metropolitan Service District and Oregon. 15 Department of Transportation to ensure adequate access 16 from major arterial routes to designated commercial = 17 and industrial area." TCP Economic Implementation 18 Strategy 19. z 19 TCP Economic Implementation Strategy 19 may be implicated 20 by the challenged decision, and the city rust address that ' 21 strategy on remand. 22 The second and third assignments of error in LUBA No. 23 91-137 are sustained in part. ` rl Il24 The city's decision is remanded. Page 17 O1%10:`92 12: i Q503 220 2480 STOEL RI«S"^ CITY OF TIGkn 019 1 CERTIFICATE OF MAILING 2 3 4 I hereby certify that I served the foregoing Final Opin.'.on 5 and' Order for LUBA Nos. 91-133 and 91-137, on January 28, 19S2, 6 by mailing to said parties or their attorney a true copy there•-)f 7 contained in a sealed envelope with postage prepaid addressed to. 8 said parties or their attorney as follows: 9 10 Jack L. Orchard -11 Richard Whitman 12 Ball, Janik & Novack 13 101 SW Main Street, Suite 1100 14 Port'.and, OR 97204 15 16 JamE-s H. Bean 17 Linlsay, Hart, et al 18 22^f SW Columbia, Suite 1600 19 Portland, OR 97201 20 21 T..mothy V. Rami s 22 O Donnell, Ramis, et al 23 1127 NW Hoyt Street 24 ?ortland, OR 97209 25 - 26 Steven L. Pfeiffer 27 Stoel, Rives, et al 28 900 SW Fifth, Suite 2300 29 Portland, OR 97204 f 30 = 31 32 Dated this 28th day of January, 1992. 3 34 : :,5 36 Y: 37 38 Cros y 39 _ininistrative pecialist 40 Y.+L` C' S•7" N