Ordinance No. 87-61 .. . � '
CITY OF TIGARD' OREGON
ORDINANCE NO. 87-61
AN ORDINANCE REPEALING ORDINANCE NO. 87-45' REAFFIRMING AND MAINTAINING THE
APPL.ICABILITY 0F TMC SECTION l0.10.051 PROHIBITING THROUGH TRUCK TRAFFIC 0N
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CERTAIN STREETS.
WHEREAS' Section 10.10.051 of the Tigard Municipal Code was created by
ordinance No. 07-45 in order to protect the public from unnecessary safety
hazards associated with heavy vehicle traffic and to prevent deterioration of
street pavements; and
WHEREAS, the Tigard City Council has considered new evidence and reconsidered
its decision to create Section 10.10.051/ and
WHEREAS, the Tigard City Council finds that its decision to adopt Ordinance
No. 87-45 was correct in all respects;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Ordinance No. 87-45 is repealed and replaced by ordinance No.
87-01. This ordinance adopts and incorporates the document
entitled "Background Information on Durham Road Truck
Rpotr1ntiono" and those maps, memos and documents which are a
part thereof~ th= document entitled "Findings and Conclusions
in Support of Ordinance. No. 87-61'" and the record established,
and submitted to the Land Use Board of Appeals, when ordinance
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No. 87-45 was enacted.
Section 2� This ordinance hereby readopts Tigard Municipal Code Section
^~° 10.10.051' which will remain in effect.
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Section 3' This ordinance shall become effective on and after the 31st day
.' . after its passage by the Council.
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� PASSED: By tAvote of all Council members present
after umber and title only, this day
of November, 1987.
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Catherine Wheatley, Deputy Recdrder
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` APPROVED: This day of November, 1907.
Thomas M. Brian, Mayor
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�rmyrnt^v,ne»Date
'` � NO. 87-01
Page #1
MEMORANDUM
(� CITY OF TIGARD, OREGON
TO: Members of the City Council fjovember 9, 1987
FROM: William A. Monahan, Director, ,.
Community Development
SUBJECT: Background Information oii Durham Road Truck Restrictions
The Planning Projects staff has prepared background information in support of
the findings proposed by the City Attorney's office for the truck restrictions
on Durham Road. The information contains data on surrounding land use,
alternative truck routes, truck counts, and design standards. Please review
i._ City ettornnu'5 recommended findings.
the information prior to eValuai:iriy ti�m ....uy ..,,
The Council should open the public hearing and then take action to adopt truck
limits by adopting the attached ordinance.
List of Background Data:
Durham Road Conditions
Zoning of Surrounding Properties
Prior Truck Limits cn Durham Road
County Truck Traffic Counts
City Transportation Planning Efforts
Proposed Through/Truck Access
Where Truck Tr=affic is not Prohibited
Local Deliveries
School Facilities
Comprehensive Plan - Durham Road
Truck Traffic Restrictions
Intergovernmental Agreement
Urban Planning Area Agreement
Exhibit - Correspondence of October 15, 1987 - Traffic Counts - Durham Road
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DURHAM ROAD CONDITIONS
Durham Road between Pacific Highway and Hall Boulevard is a two lane road :
designated as a major collector which is not fully improved to City standards.
The primary function of a major collector• is to collect and transport traffic
from a number of local neighborhoods to one or more arterials. In addition,
these facilities are primarily oriented toward travel within and between
adjacent subareas, and provide connections to major• activity centers within
the area.
A major• collector should have a minimal number of controlled -access points and
may have two or more travel lanes; have fairly direct arterial to arterial
connectors; and provide for relatively rapid movement of traffic. In doing
this, the likelihood of local streets being utilized for through traffic and
cross--town travel is lessened. Traffic controls should be utilized at
intersections with arterials, major and minor collectors. A secondary
function of this classification should be that of providing a means for
pedestrian and bike travel. Parking may or may not be provided
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Standards: Right—of--Way 60-80 feet
P_..__ent Width 44 foot
ravrwa,Y� •.........
Moving Lanes 2 — 4
Volumes 1,500 — 10,000 vehicles per day
Driving Speed 35-40 miles per hours
The existing right—of—way for Durham Road varies from 40 to 90 feet. The !
existing pavement width varies from approximately 22 feet to as much as 55
Feet. The posted speed on Durham Road is 40 mph. There are no sidewalks or
bikepaths on Durham Road. There is an asphalt pedestrian path on the north
side which is only partially improved and maintained to City Standards.
Drainage is predominantly in open ditches. Streetlighting is inadequate 11
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placement is sporadic and not to safety standards. Crosswalks are located :
only at 92nd and at Hall. Students from the high school cross at all points
between the crosswalk locations. Variations in the road surface elevation
cause major site distance problems at several intersections. These are being
improved as development occurs but there is no timeline established for the
improvements.
Durham Road between SW Hall and SW Boones Ferry .s under the jurisdiction of
the state. Durham Road is designated as an arterial in that portion and is
not improved to standards.
Arterial:
The primary functions of an arterial route are to serve through trips entering
the urban area (metropolitan area), and are to provide a high level of
mobility for travel within the entire metropolitan region. All trips from one
community or subarea through an adjacent community traveling to other points
in the region should occur on a major arterial or principal route. It is
desirable that it be a multiple—lane street with access/egress traffic
controls at carefully selected intersection points.
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Standards: Right--of-Way Width 60-90 feet
Pavement Width 12 feet per lane
Moving Lanes 2 -• 4
Volume 6,000 -- 20,000 vehicles per day
Driving Speed 40--55 miles per hour r
The existing right-of-way for Durham Road varies from 60 to 80 feet. The
existing pavement width varies from approximately 22 to 50 feet. The posted
speed is 40 mph. There are no sidewalks, bikepaths or pedestrian pat!is of any
kind along this portion of SW Durham Road. Drainage is predominanti in open
ditches. Streetlighting is inadequate. Placement is sporadic and not to
safety standards. There is a crosswalk in front of Durham School. There are
curves along this portion of Durham Road which makes it more dangerous.
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ZONING OF SURROUNDNG PROPERTIES
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Property abutting Durham Road between Pacific Highway and Hall Boulevard is
zoned residential on both sides with the exception of properties on the corner
of Durham and Pacific Highway and the corner of Durham and Hall. The property �
ori the sou"I'a3t corner of Pacific and nl urham is currently being de olopad as
a 250,000 square foot shopping center, 22 acres, access to that center is
available at one point from the center to Pacific Highway. Two points onto SW
113th and two points onto Durham Road (see attached). The property on the
northeast corner of SW Pacific Highway is developed as a commercial site with
one access to Pacific Highway, one access to Durham and one access to
Summerfield Drive. The property on the northwest corner of SW Durham and Hall
Boulevard is developed as a small commercial center. A Plaid Pantry store
occupies one half of that center. Access to that center is available from one
point on Hall Boulevard and one point on Durham Road.
PRIOR TRUCK LIMITS ON DURHAM ROAD
In 1984, Washington County placed a truck limit on Durham Road from 3 PM
through9 PM. All vehicles of 20,000 lbs. gross vehicle weight were
excluded. At the time, Durham Road was not improved to the standards
specified in the Washington County Transportation Plan, In July, 1986 and
April, 1987, the City assumed jurisdiction from the County for segments of
Durham Road. Presently, the City has jurisdiction over the entire stretch of
road from Hall to Pacific Highway. The road segment from Hall and to Boones
Ferry Road is under state jurisdiction.
Although three years have passed since the County created the initial weight
restriction, no improvements were made to the road except for road widening
associated with development activity (i.e. , Albertson's, two subdivisions).
Over the three year period, .new residential construction has occurred in
several subdivisions and a condominium project which access out to Durham Road
via Summerfield Drive, 108th Avenue, 104th, 92nd Avenue, and 87th Avenue. The
impact is expected to grow as H evelopment continues, Large parcels of
undeveloped land ranging from 4.5 to 25 units per acre remain to be developed
with access out to Durham Road.
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Development has occurred at the six residential sites. Permits issued and
development potential are as follows:
Map #1 identified.
Number Potential
of Potential Permits Additional
Location Name Units Issued Units
A. 108th Ave. Dover Landing 84 34 50
B. 104th Ave. Swanson Glen 95 8 87
C. 93rd Kneeland 138 135 3
D. 87th Millmont 49 49 —
E. 87th Chessman Downs 49 49 -
F, 79th Bond Park 96 96 -
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G. 114th Summerfield Fountains 70 70 —
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Land which is undeveloped, shown on Map #2, has development potential of 1689
units based upon current zoning. e
Number,
of Potential
Location Units t
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A. South of SW Durham between
SW 113th and Swanson's Glen 1039
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B. South of SW Durham between
SW 104th and Pick's Landing 311
// C. East of SW 92nd south of
t` Tigard High School 339
COUNTY TRUCK TRAFFIC COUNTS
Attached is the County's report on traffic counts which were conducted on
various roads during three one—week periods in August and September. On
August 27th, signs were modified on Durham Road to prohibit through trucks
over 20,000 pounds at all times. Prior to August 27th through 'Trucks had been
allowed between 9 a.m. and 3 p.m.
As the County indicates, the results are mixed and show no clear impacts.
1. The volume of truck traffic on roads in our area varies considerably
from week to week and from day to day.
2. The time of peak truck traffic varies from day to day. During week
1, the hours of peak truck traffic ranged from early morning to late
night.
3. During week 1, when through trucks were still allowed on Durham Road
between 9 a.m. and 3 p.m. , the peak hour of truck traffic on the
various ,roads frequently occurred during the time period when Durham
Road was open to through trucks.
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A, The data for, Cipole Road is riot valid, since northbound traffic on !
Cipole was not counted on weeks 2 and 3.
5. From these counts, there is no evidence that the new truck
restrictions on Durham Road have resulted in any measurable increase
in the truck volumes on other roads in the region. E
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6. From testimony heard by the Council in July, we had concluded that
roughly 100 trucks per day would be re—routed as a result of the new
Durham Road truck restrictions. Apparently, these trucks have
re--routed to a number of different roads so that the impact is not i
noticeable in the counts taken. Perhaps many of these trucks are now
traveling through Tigard on Highway 99W, which was not included in
the County's traffic counts .
CITY TRANSPORTATION PLANNING EFFORTS j
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Tigard's Comprehensive Plan states;
3.1.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION
nLLARINI G nnnr�rnn 1.1T'1'IJTfl1 THE CITY AND THE METROPOLITAN AREA THR0UGH
r nlu tIv l7 rnw%,LL.o0 wi i 11 i. F
COOPERATION WITH OTHER FEDERAL, STATE, REGIONAL. AND LOCAL Ik
JURISDICTIONS.
The City participates in the area--wide transportation planning process
through a variety of METRO based transportation committees. These groups
which involve the City Engineer on an ongoing basis as the technical
representative and the Mayor as the representative to the policy making
committee meet regularly to assess and address region—wide transportation
issues.
In local actions when addressing traffic concerns, the City considers
coordination concerns of oth--r jurisdictions however, when action is needed,
the public safety of the citizens of Tigard is the deciding factor. In the
case of Durham Road the Council heard testimony regularly over several years
concerning the impact of truck traffic on surrounding neighborhoods. The
Council took action to further restrict truck traffic in response to public
input recognizing that other area—wide transportation improvements are not
slated for completion within the next several months. Although the area--wide
improvements which would have lessened the impact of the action had not been
made, Council felt that the public safety of the citizens of Tigard warranted
the closure of Durham Road to truck traffic prior to completion of the
improvements.
PRINCIPAL THROUGH/TRUCK ACCESS
The major truck routes thru the City are Highway 99W, State Highway 217, and
I-5. These three arterials provide opportunities for truck traffic to pass
through or by Tigard. Trucks traveling south to north may enter Tigard along
Highway 99W from the Tualatin and Sherwood area. They pass through Tigard and
emerge at the corporate boundary of Portland. Highway 99W is a five lane
facility conducive to truck travel.
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State Highway 217 handles traffic heading northeast or• southeast linking to
I-5 or Highway 26. This divided highway has three lanes in each direction and
is suitable for truck traffic.
�. I-5 passes along the east boundary of the City and is the main tr•uc:k route to
and from Portland linking to the southern cities, Like Highway 217, it has
three lanes in either direction and was constructed to carry high volumes of
trucks.
Trucks which have a destination either to the north or• south of Tigard have a
direct connection available without using a street through a residential
area. The attached map illustrates these major routes. One further note, use
of these major routes eliminates the need for crossing railroad tracks. Use
of any other routes, wither Durham Road, McDonald Street, for• through tr•uc.ks
results in eventually reworking a railroad crossing at grades. f
WHERE TRUCK TRAFFIC IS NOT PROHIBITED
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Truck traffic is not prohibited on collectors and arterials which serve
Tigard's industrial areas. Truck tr•aific. is Pcwmitted on SW 72nd from Pacific
Hwy. to Boones Ferry Road. Truck traffic is permitted on Hwy. 21'i, SWI Hall
Blvd., and Pacific Hwy. through Tigard. Truck traffic is also permitted on
routes through the industrial areas including SW Bonita, SW Hunziker, SW
Boones Ferry Rd. , SW Tigard, Ave. , and SW Cascade Blvd. and the section of
Durham Rd. between Hall and Boones Ferry which serves the area south of Durham
Road.
LOCAL DELIVERIES
Truck restrictions placed on Durham Road will not prohibit local deliveries.
Traffic counts conducted by Washington County after the City Council placed a
total restriction on truck traffic were inconclusive. The diversion of truck '
traffic by the closure of Durham Road to other routes in the area had no
identifiable impact on the truck counts on those routes. Counts were
conducted on Boones Ferry at Bridgeport, Cipole Road at 99W, Edy Road at
Tualatin--Sherwood Road, Hall Boulevard at Sattler, and Tualatin at 115th.
There were roughly 100 trucks per day rerouted as a result of the new Durham
Road truck restrictions. Apparently, these trucks were rerouted to a number
of different roads.
SCHOOL FACILITIES
School District 23 J has two schools on Durham Road — Tigard High School, a
facility housing over 1,500 students located at SW 85th and Durham Road and
Durham Grade School with 126 students enrolled, located at 8040 SW Durham
Road. Tigard High School hours of operation are from 7:20 AM to 2?00 PM. In
addition, the school provides for a full range of after school activities.
Durham School serves the area elementary students.
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The school facilities generate traffic for, classes as well as after school
activities. Tigard High School generates 40 bus trips to and from the site
daily, Monday through Friday for regular classes. In addition, in excess of
530 vehicles per day are driven to the site by students and teachers. The
District and neighborhood have worked with the city over, the past two years to
alleviate a growing parking problem at the site. Spillover parking results in
vehicles being parked on local streets across Dur•haiii Road and 92nd Avenue.
Durham School is served by 6 bus trips per day and has parking facilities f-o-
approximately 40.
High School activities include sporting events such as Friday evening football
games, school stage productions, and community based events. School District
functions are well attended throughout the year. Four activity buses leave
the high school each hour at 4, 5 and fi pm to provide transportation for
students taking advantage of after—school activities.
Also located at the site is the Tigard Swim Center- which is open from 5:00 AM
to 9:00 PM, Monday through Friday. Hours are reduced somewhat on weekends. A
full range of swim sessions are available from lap swim instruction to family
swims. The facility is heavily used.
COMPREHENSIVE PLAN — DURHAM ROAD
In the City of Tigard's Comprehensive Plan, Volume I, page 1-236 indicates
that in 1980 Durham road was carrying (5,200 — 5,800 ADT). Durham is
classified as an unimproved facility which is defined as follows:
Unimproved Un21 -- Rural standards: 10 foot travel lanes with no
shoulders; Major Collector- Capacity: 3,000 Average Daily Trips (ADT);
Minor Collector Capacity: 2,000 AUT.
Since the County placed the truck limit on Durham Road from 3:00 PM to
9:00 PM in 1984, approximately 490 single family building permits have
been issued in subdivisions which access Durham Road. In December 1984,
there were 1,457 students enrolled at Tigard. Thee are currently 1,567
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students enrolled. There have been no improvements made to Durham Road in
the last three years with the exception of the improvements currently
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under way in front of the Tigard Town Square development on the currier of
Pacific Highway and Durham Road and in front of the Chessman Downs
subdivision on the corner of SW Durham and SW Hall. The City did not
receive jurisdiction or the road until June of 1987. Prohibiting
unnecessary truck traffic on Durham at least until the road is improved to
standards designed to accommodate the existing automobile and pedestrian
traffic was an immediate action the City Council could take to limit
potential conflicts between vehicular and pedestrian traffic. Since
acquiring the jurisdiction of Durham Road, the City has required that:
Durham Road be improved to standards as new development occurs as is
evident with the construction occurring in front of the Tigard Town
Square. The City intends to continue to require improvements to Durham
Road to standards as new development occurs.
The Comprehensive Plan Volume I, page I-243 indicates that in order to
avoid congested intersections on Pacific Highway, motorists are using
Durham, Hall and Greenburg placing more pressure on these peripheral
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routes many of which are adjacent to residential areas. Again,
prohibiting through truck traffic on Durham Road will alleviate some of
the unnecessary traffic on Durham which is riot improved to standards to
accommodate high traffic volumes.
TRUCK TRAFFIC�RESTRICTIONS
The Tigard City Council has restricted truck traffic on other collector
streets within the City which are not fully improved to standards for the
street designation and which abut residentially zoned property.
Gaarde Street
Truck traffic is prohibited on SW Gaarde Street from SW Pacific Highway to SW
121st. Gaarde Street is designated as a major collector.
Major Collector:
The primary function of a major collector, is to collect and transport traffic
from a number of local neighborhoods to one or more arterials.. In addition,
these facilities are primarily oriented toward travel within and between
adjacent subareas, and provide connections to major activity centers within
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the area.
It should have a minimal number of controlled access points and may have two
or more travel lanes; have fairly direct arterial to arterial connectors; and
provide for relatively rapid movement of traffic. In doing this, the
likelihood of local streets being utilized for through traffic and cross—town
travel is lessened. Traffic controls should be utilized at intersections with
f arterials, major and minor collectors. A secondary function of this
classification should be that of providing a means for pedestrian and bike
travel. Parking may or may not be provided.
Standards: Right—of—Way 60-80 feet
Pavement Width 44 feet
Moving Lanes 2 -- 4
Volumes 1,500 — 10,000 vehicles per day
Driving Speed 35-40 miles per hour,
Right—of—way varies from 40 to 50 feet. There are no sidewalks on Gaarde
Street. There is an "on street" bikepath on the north side of Gaarde from SW
Pacific Highway to SW 117th.
121st Avenue
Truck traffic is prohibited on SW 121st Avenue from SW Gaarde Street to SW
Scholls Ferry Road. 121st is designated as a major collector.
Maior Collector:
The primary function of a major collector is to collect and transport traffic
from a number of local neighborhoods to one or more arterials. In addition,
these facilities are primarily oriented toward travel within and between
adjacent subareas, and provide connections to major activity centers within
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the area.
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It should have a minimal number of controlled access points and may have two
or more travel lanes; have fairly direct arterial to arterial connectors; and
provide for relatively rapid movement of traffic. In doing this, the
( likelihood of local streets being utilized for through traffic and cross-town
travel is lessened. Traffic controls should be utilized at intersections with
arterials, major and minor collectors. A secondary function of this
classification should be that of providing a means for~ pedestrian and bike
travel. parking may or may not be provided.
Standards: Right-of-Way 0-0-80 feet
Pavement Width 44 feet
Moving Lanes 2 - 4
volumes 1,500 - 10,000 vehicles per day
Driving Speed 35-40 miles per hour
Right-of-+,jay varies from 40 to 60 feet. There are no sidewalks on SW 121st.
There is an "on street" bikepath on the west side of SW 121st from SW Scholls
Ferry Road to SW Walnut.
135th Avenue
Truck tf aI 11C IS prollibIted On, 13Jtlj frolll OVY OC11,1 111s Ferry Road to SIW
Walnut. 135th Avenue is designated as an arterial from SW Scholls Ferry Road
to the proposed Murray Boulevard extension and as a major collector front the
proposed Murray Boulevard extention to SW Walnut.
Arterial:
The primary functions of an arterial route are to serve through trips entering
the urban area (metropolitan area), and are to provide a high level of
mobility for travel within the entire metropolitan region. All trips from one
community or subarea through an adjacent community traveling to other points
in the region should occur on a major arterial or principal route. It is
desirable that it be a multiple-lane street with access/egress traffic
controls at carefully selected intersection points.
Standards: Right-of-Way Width 60-90 feet
Pavement Width 12 feet per lane
Moving Lanes 2 -- 4
volume 6,000 - 20,000 vehicles per day
Driving Speed 40-55 miles per hour
Major Collector:
The primary function of a major collector is to collect and transport traffic
from a number of local neighborhoods to one or more arterials. In addition,
these facilities are primarily oriented toward travel within and between
adjacent subareas, and provide connections to major activity centers within
the area.
It should have a minimal number of controlled access points and may have two
or more travel lanes; have fairly direct arterial to arterial connectors; and
provide for relatively rapid movement of traffic. In doing this, the
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likelihood of local streets being utilized for through traffic and cross-.-town
travel in lessened. Traffic controls should be utilized at intersections with
arterials, major and minor rwlleotorn. H secondary function of this
classification should he that of providing a means for pedestrian and bike
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travel. Parking may or may not be provided,
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Standards: Right-of..-Way 60-00 feet
Pavement Width 44 feet
Moving Lanes 2 - 4
volumes 1'500 - 10,000 vehicles per day
Driving Speed 35-40 miles per hour
The right-of-way varies from 40 to 70 feet. There are no sidewalks, bikepaths
or pedestrian pathn. There is a two lane paved surface which has not been
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maintained, H local improvement district was recently formed by the City to
` improve the street.
Walnut Street/
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Truck traffic in prohibited on SW Walnut Street from SW 135th Avenue to SW
Pacific Highway. Walnut Street is designated as a major collector.
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The primary function of a major collector is to collect and transport traffic
from a number of local neighborhoods to one or- more arterials. In addition'
these facilities are primarily oriented toward travel within and between
adjacent subareas, and provide connections to major activity centers within
�| the area. '
It should have a minimal number of controlled aooeoo points and may have two
or more travel lanes; have fairly direct arterial to arterial oonneotorn; and
provide for relatively rapid movement of traffic. In doing this, the
likelihood of local streets being utilized for through traffic and cross-town
travel in lessened. Traffic controls should be utilized at intersections with
arterials, major and minor collectors. A secondary function of this
classification should be that of providing a means for pedestrian and bike
�raxel. Parking may or may not be provided.
Standards: Right-of-Way 08-80feet
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Pavement Width 44 feet
�^ Moving Laney 2 - 4
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Volumes 1^500 - 10'000 vehicles per day
Driving Speed 35-40 miles per hour
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Right-of-way varies from 40 to 50 feet. There are no sidewalks on SW Walnut
Street. There is an "on street" bihepmth on the north side from SW Tiedeman
to SW 128th.
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Truck� traffic is prohibited on SW McDonald Street from SW Hall Boulevard to SW
Pacific Highway, McDonald Street in designated as a major collector.
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Major Collector:
The primary function of a major collector is to collect and transport traffic
from a number of local neighborhoods to one or more arterials. In addition,
these facilities are primarily oriented toward travel within and between
\/ adjacent subareas, and provide connections to major activity centers within
the area.
It should have a minimal number, of controlled access points and may have two
or more travel lanes; have fairly direct arterial to arterial connectors; and
provide for relatively rapid movement of traffic. In doing this, the
likelihood of local streets being utilized for through traffic and cross-town
travel is lessened. Traffic controls should be utilized at intersections with
arterials, major- and minor collectors. A secondary function of this
classification should be that of providing a means for pedestrian and bike
travel. Parking may or may not be provided,
i
Standards: Right-of-Way 60-80 feet
Pavement Width 44 feet '
Moving Lanes 2 - 4
Volumes 1,500 - 10,000 vehicles per day
Driving Speed 35-40 miles per hour
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Right-of-way varies from 40 to 50 feet. There are no sidewalks on McDonald ? `
Street. There is an "on street" bikepath which crosses the street- several
times. r'
Sattler Street
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Truck traffic is prohibited on SW Sattle• from SW Hall Boulevard to SW 981-h.
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Sattler is designated as a minor collects
Minor Collector:
The primary function of a minor collector is to collect and transport traffic r
from local neighborhoods and abutting property out of the neighborhoods to
major collectors and arterials. The minor collector should provide an
efficient circulation pattern within the neighborhood for distribution of
traffic to local streets as well as the major collectors and arterials. A
secondary function is to provide a means for pedestrian and bike travel.
Parking may or may not be provided.
Standards: Right-of-Way Width 60 feet
Pave Width 40 feet
Moving Lanes 2
Volumes 500 -- 3,000 vehicles per day
Driving Speed 25-30 miles per hour-
Right-of-way varies from 45 to 60 feet. There are no sidewalks on Sattler.
There are no bikepaths or pedestrian paths on SW Sattler.
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October 29, 1987
f.' INTERGOVERNMENTAL AGREEMENT
Tigard and Washington County have entered into a series of intergovernmental
agreements related to the transfer of jurisdiction of roads. The agreements
have been made cor-Isistent with the intent of the Washington County Board of
Commissioners. In April, 1984, then Commissioner Lucille Warren asked the
Board to consider a weiglot limit as a temporary solution. She noted in an
April 4, 1984 memo the "final solution would be to give jurisdiction of Durham
Road to the City of Tigard after those (transportation) studies have been
completed and a transportation' agreement signed between all jurisdictions"
(Pg. 89 of Tigard Record). On April 10, 1984, the Board adopted Commissioner
Warren's recommendation and the road was posted.
The County later transferred jurisdiction of Durham Road to Tigard consistent
with an interim policy developed by the Director of the Department of Land Use
and Transportation. The policy specified that transfer of major collectors —and arterials would be conditioned upon the City sustaining the road's
designated jurisdiction and ensuing that the public interest in a County–wide
road system is preserved.
The intergovernmental agreement provided that the City would sustain the
designated function of the County with the following interim standards:
1. Number of Travel Lanes: 2 (plus turn lanes at major intersections and
other public roads).
2. Right–of-way: 90 feet.
3. Pavement width: 44 feet minimum.
4. Bike lanes: Yes.
5. Access Spacing: 600 feet minimum (subject to City variance procedures).
6. Design Speed: 45 MPH
No mention was made of the use of Durham Road for truck traffic. The City was
not prohibited from imposing greater limits.
The Resolution and Order transferring jurisdiction to Tigard (R+0 87-74)
contains the following language:
"RESOLVED AND ORDERED that the jursidiction of the County over said
road as hereinabove described and responsibility for the maintenance,
construction and repair and the full and absolute jurisdiction over
said road for all purposes of repair, construction, improvement and
levy and collection of assessments thereof shall vest in the City of
Tigard, Oregon, and the City shall then have the same control, power
and jursidiction of said road as are by its Charter and the laws of
the State of Oregon given or granted over any of the public streets
and alleys of said City; and it is further. . . ."
Again, no limitation was placed on Tigard which prevented the City from
restricting use of the road -by trucks.
sb/1590D
Urban Planning Area Agreements
Over the past several years, the City and Washington County have entered into
a series of Urban Planning Area Agreements to ensure coordinated and
consistent comprehensive plans. The most recent agreement was adopted by
Washington County on September 9, 1986. The 1986 agreement requires that each
party provide the other with an opportunity to receive notes and comments on
proposed amendment to the plaits. The action to restrict truck traffic is not
a modification to the Comprehensive Plan or implementing regulations, nor is
it a development action as defined by the Agreement. The action could fall
under Item C, Additional Coordination Requirement, described on page A of the
Agreement. The County was notified verbally of the City's intent to consider
modifications to the truck restrictions earlier placed by the County on Durham
Road. Bruce Warner, Director of DIUT, did provide input through a letter
dated June 19, 1987. The letter was considered by the Council in a hearing on
the item. Bill Monahan responded in a letter to Mr. Varner dated June 23. A
hearing was later held on July 27 to adopt the truck limit.
bri 1611D
n.;
o-
WASHINGTON COUNTY
Inter-Department Correspondence
October 15, 1987
TO: Bruce irarner, Director of Land Use and Trdnsuo Cation
FROM: Jerry Green, acting Operations Manager
�ej
�...o+
SUBJECT: TRMIC COUNTS--DURHAH ROAD
attachad is a g+�mmary report and detail counts of truck traffic on five
roads in the Durban Road impact area. These Counts were taken the weeks
of
august 10th-17th, august 24th-30th and September ist-Sth of this year.
This included two weeks before and one week after the September 1st
Cloging by Ti far4 to trucirs,
The results are nixed and don't show any clear impacts. Bhile three roads
received significant increases in truck traffic from week
How--ver,2 � allkfive
they ahoy a loss of trucks from was- 1 to wasA 3. w� er• .
locations the truck volume at peak.time increased from week 1 to week 3
and in all but one from week. 2 to week 3.
.,1
aG:ap
;A c: Dean Trazier
}
s
I
CONPIRIONT.3 TIM co.m WiltiS
for DUIRM 101D
lagast 10-17, lagast 24-30, N giber 1-5
011112EITIAL DIFFUUTIAL DIFF31�T1IL
11311 nil 2 ABET WEEK 2 AEEI 3 V331 1/11EX 3 THI 2AUX 3
a" LOCatI01". TOTAL Hit tl) TOTAL
_PSATI) TO.ac• lEaa (1)-TOTAL--PE11�Iff-MIL'-_PEU'(1) TOTAL...--ldl7 I1f�
:sssmssasassssassszssssaszssssaszsszssssza:xsssssasaassaszsssssaasssscssssaz:aszsszzsszsasszzzzassazzzzssasszssssssssz:aasszasasssaazss
'O sS !Slut ! 98IDGEPOB! 981 151 765 658 -:15 591 985 924 4 773 220 266
...._
• ,_ -.. ".03T9HOu'SD . . . 416 62 ._...l59 __399 .._._...43 .....337 554 _...- a,6 .. - 153-.. . . 354 ._. .110 17...._
300!H9OC3D 565 19 306 259 -259 170 GS 508 -149 •419 I10 249
i IT"9�- _611 91�-j44_=30- =271 �32 �331'-215 l3
IO3SH8008D 317 49 1/1 1/l -317 -49 111 111 -317 '-49 0 0
• +++ •A• +A •d _11 ii
3VYIDDVUlIY iu3 49 346 Iia U ii aas Asa am a. ••
1!tOID t TOlLDT10-IHEBAOOD 2821 311 1915 774 -tl3 463 3102 " ' '849 -126 531 117 ..15
)115T1ODbilD 1301 139 642 230 . -666 ' 91 608 238 -700 99 -34 1
"" 'itE3i3O�'®1520 172 1343_ Si1�=117—"-372—I494-6I17--26-_439-15r-67—
lbar AOALiTltD i Il` LBt 1631 411 596 519 -1042 35 I41 199 -790 41: 253 319
7"'..'1021H10$PM-''x$0137317�311194�=1ffi9�"=Ii.1419361� '-5i4�' '11 395
SOOTd100AD 555 191 312 345 -173 241 429 531 -126 :331 47 116
:,� �1t��'115�"'-�"" 707 •IA5"'-�57 571"x=50167,_"-'62i�551'-"-t6�4'�-76•"�IO-"�"
-97 202 252 222 -306 156• -149 -46
ElBTI lSl 66 361 368
TESTS M 249 39 296 304 17 265 369 330 120 291 73 26
OTII$:�tl)� coan5itpreseur Philo-rul weer fram eacn daiida'aI -
daily cat-hour peak period.,
or parpoaes afWi lepoit,anii tinsk-ielicles are reported:-'•Trae'ss are'defined
r>
3 .tree-axle ®ellcles of at least Ito-- a6eervase leapt$'. Two-We Vehicles are-uat
uiaded'in these totals.
ttge 10. 1 yROCL COObtS
`P3;111 OR MT, 12LR U1ICLB CLISSIFICISIOB
on Dill DISI DIT 2-ou 3-ULR 4-CLES IRIICLRS Yt1I bt3 r61ICL15 t00R VOL
1,0CISI0t 1101 TBtICLRS 1t1ICLRS.TRII TRQCLS SROCIS
•• LOCISIOt 1001163 fitly 8/11I061 PRT
• DIRECS10t t/1 6 1 2 11A0/1200 11
597 41 31 5 2 6. 1-60411740 15
RAAtts fitly s11RID6t PRS WIB 3;/10111 08/11/11 tOt/'iQt 591 13 36 4 0 0 114111160 13
S�>I{= fitly 8/111061 PIT 1111 1;/11101 0;112101 51111 6. ® : ® 120AP1700 9
loan fitly S1111�6t PIT 1114142/11 48113/v W.W 613 44
11, •.liva$ 01/11/11 ITIS 419 38 3; 3 1 0 120//1300 14
100tt8'EttRE si1�t tRS tdB /1/13/;1 01/14/81 iRe/�1 bbb 71 32
law fitly 5111 j Pz8 aaa y 24 4 2 62
® S'bslotal • 1956 201 111
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was Mr slams
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! ;s�etsa erw..__ 661 44 43 1 0 1MA209 6
600its ft11E 611AIDCt t3E sJ6 01114101 i;i13%i9 ilLllaaa 17 20' a 1 100A11100 $
1p0>tii 1MY slunot t nul slams = 1l 11/lbt'7 01111111 WIWI 411161" SSU-101 X19 17 25 111M6
r. • b3wbtatal • 19
4111 269 13t 52 1
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a '
4 • Sobtatal • $144 410 419 .
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Page Io. 2
TRUCI COUNTS
OR NMI 1ILE VEHICLE CLISSIPIC17I08
LOCITI0I AIA DATE 017E DAT 2-1ILB MILE 4-11LE 5-11LE 6-BILE 7-MILE PEA[ PEAL
IRON S0. VSSICLSS MICLIS VEHICLES VEHICLES VEHICLES VINICLIS Ion VOL
TIMIS TROCIS
as LOCITIOI CIPOLS NO Sim 991
• DISSC7IOb 1/8
CuOLI a S/S: 1019: 1/1 01/i0W 61/11/17 0OI/708 lt3 115 10 1 1 5 0900/1000 11 ;
C1P06I DO S/SIV 991 1/1 01/11/87 01/12/17 MIND 207 51 3 14 4 3 1000/1100 14
MOLD ID S/IVT 991 1.15 08/13/17 01/13/17 ISD/TIO 136 27 2 12 2 2 1600/1700 7
CIPOLI 0 S/IIT 191 1/3 01/13/17 01111/97 2101M 53 10 0 0 0 1 1100/1500 6
CIPOLI t0 S/IAT 991 1/I 01/14/87 01/15/17 BRI/SIT 116 20 3 9 1 2 11/0/1200 1
r i�h�ahtotil t
695 230 It 43 14 12 49
s Iv=OI SID
CIIObI ID 8/11T 991 SID 01/10/17 01/11/17 101/T0S 155 51 7 1 5 6 1400/1500 11
C11011 ID S/IST 991 S/1 01/11/17 01/12/17 MITER 171 73 7 9 3 4 0900/1000 15
CIP u SD Sim 991 $11 OW1117 It/13117 WITH 169 59 5 10 1 6 1000/1100 13
emu NO Sim 991 1/101113/17 18/14/81 TI0/ISI 109 24 7 4 3 2 130013400 10
611 314 26 31 12 is 49
�s SebtaRal ..
1306 444 14 71 2E 30 98
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Page 1!. 0R 00L4Y A1LB VBBYCLS CLASSI11C11101
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DAlB DAY 3 2•A1Lt Al
011 011E MICLBS TaYCLBS 1BBYCLBS VBHYCLBS VBB:CLBS VBSICLBS MUS 114C15
Wand 110K to .
.. .,.r.4g00
"110 112va SBBE to 9 1140di20e 21
111 101 49 1 11 1404/1500 24
s D19ECT10E Blt EIB otilolt7 01!11111 E0111M t6 46 53 4 110011100 19
BOT BD I1'vAL SBB1 114 16 54 64 1
BOZ tO 41201E sm E1B Ot/illt7 Ot111lt1 'POBlt� 112 O4 i] 11 :14 1000/1100 12
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uB 04/13111 Ot11Ut1 "Imt 96 14 1 2 1304/1400 14
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W.
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EOB 119 SBS Ejb Ot11Slt1 Oalli�t7 1,1!101 414 63 139
a,11 vim {BBE BO EIB 01116111 01111,11 sDB.BOB 311 45 41
s Sebsabtotal
4322 513 321
1110411500 32
s �TeIOE
fit 111 109 43 19 is 1214/1230 22
alr 01110111 01111111 1101 143 111 50 iY 14 U 1200/1346 25
of 10 D1 SM BBB /1111111 01112111 %= 1!1 lot 51 11 1 t 104011104 29
of 1D VP s ID BJ1 O1d12 l 03/1311,'iB im 91 53 .17 5 140011545 26
BOY 1D iti"It I � B11 ®1113111 Ot/14147 TB"M 114 3! 4
711 111 �, 0 1114011344 ' 12
0 BO !1'�tIB1� viol OtdY11il 01115/61 FRYdtl2 550 31 46 10 9 1306/1400 26
�t OD tl!' tO 56 52 3
sT Bb Itm {BBB 10 B11®1115/41 0i/161tT 111110E 116 Yb5 112
at n El UU� 1/i 11111!11 Ot111dtT �►�OB
s •3111 311 319 40 53
6 61
sreDtota� t5 94 311
ss fnbtbtal 's
1491
1254 itt 707
t
Page 110. 4
9/28151
_ naex coaEts
01 aaLTI TILE TUICLE CLISSIIICITIOE
LOCITIOB DIE DITE 0129 DIT 2-1161 3-TE1E 4-1161 5-TILE 6-1ELE 7-1U1 PEII PBIL
FEW TO MICLES MICLES IEEICUS: TUICLES MICLES 1EEICLES WE TOL
TEaCIS TEQCLS
�a LOCITio1 EILL BUD S/SITTLEE
RIMINI 1/1
TILL ILTD S/SIT m 11109110117 08/11111 101/T0'6 519 129 20 2 3 0 1400/1500 24
JUL IL1D S/SIMM 11141111117 01/12/17 Ta1IEED 518 135 21 4 0 0 110011700 20
uu IL10 S/SITTLEI 1/108/12117 08/13/17 MAN 772 92 42 3 0 1 0800/0900 20
1114 ILTD S/SITTLEE 1/1 01/13/87 01/14/17 TRO/111 660 147 331 10 2 5 130011400 202
nu ILIO 8/BYTi'LBE 111 08/14117 01/15/17 MAN 479 4o 15 I 1 A 1600/1700 9
�.�. ae.n s1tf446tE
11168115187 01/16/81 SITl80E 312 21 13 0 0 0 170011100 5
IiLL 1110 SISAMIX 1/1 01116117 08/17/11 1111110E 200 It 20 0 n e 1'00®;17.0
� Sobsab10ta1 s
3460 582 463 20 6 6 217
e /1101 SIB
TILL ILIO IIUMKK SIE 01/10117 01/11/81 1011M 178 47 7 0 0 0 1000/1100 14 '
um 1610 S/SUSIR $11 41111/17 01/12/17 Ta111E0 557 152 32 1 0 1010011000 21
1166 BLVD S/SITTLIR SIB 61/12/17 08/13/17 MIM 111 79 15 3 0 1130111400 22
A0 ' nu IGT/ S/SMEE 311 o=/13117 011141/7 milli 590 41 25 7 1 0
S8
TILL It" 8/3,TTLE1 S/I 011IM7 06/15/87 TI11S1T 516 34 26 3 0 0 1600/1700 70
n, ATO SlSIT m SII 08/15117 01/16/17 SIT/Sal 303 15 12 1 1 0 1100/1200 6
186$ JUD SISITTLEI 5/I Of/16/87 o8/17107 MINOS 329 23 20 1 0 O 1000/101 i
3enbt0tal 3014 391 131 13 3 2 .197
e:
WWII ee
6544 973 606 43 8 8 414
' f
f
;5 TRUct COUNCS
09,28187 OR MULTI AXLE VEHICLE CLASSIFICATION
DIR DATE DATE DAY VEHICLES
3-AXLE VEHICLES VEHICLES VEHICLES VE HOUR VO4-AXLE S-AXLE 6-AXLE 7-AXLE PEAt L
ION FROM TO VFSIICLE� VEHICLE TRUCKS Ti.UCXS
s* LOCATION TUALATIN RD El 115TH AVE
f
A DIRECTION Ell 2 1500/1600 11
MATIN RD El AVE Ell 08/10/87 08/11187 MOIi/TUE 410 41 15 16 6 1 14001 ism 13
458 32 23 12 4
...,� en C1115TH AVEEIB a8/11/87 as/12187 TUE/1 D 0 0700/0800 8
vALMIN µ w•-- 0 120011300 !0
TUAIATIN RD E/115TH AVE EJB 08/12187 �J13187 LIED/THU 4s4 41 Y6 4 4 0 1503/I600 10
TUAUTIII RD EIIISTH AVE E/8 08/13/s1 08/14/$7 iNU/F&1 4346 28 19 46 0 134011400 S t
2
TUAIATD1 RD E/I15i AVEE/8 08115187 08116187 SAT/SUN 200 1s !9 AVE Ell 08114/87 00115187 FRIl$AT4 j 2 120011300 9
Tol"TIN RD E1115 37 16 1
IUAlATIN !D E/115-M AVE Ell 08/16/87 08/17/87 SUNIMON 353 bb
s50SUbtoW* 206 232 141 58 22
#DIREC(I CJs 440 36 24 5 0 1 090011000 10
11)ALATIN RD E/115TH AVE' H/e 08/10/81 08/11187 MOW/1UE 469. 33 14 5 1 i u m, ,,"`- 10
T11AlATIN RD E1115TH AVE N/$ 08/11187 08/12/81 TUE/M 423 32 22 3 3 0 09a0/100 10
1 a osoa/0900 9
Tt1ALATIH AD E/115TH AVE Vi 08112/87 08/13/81 WED/i1Ri
YOAUTIN RD E/1150 AVE W/4 08/13/87 08/14/87 THUIFRI 462 38 24 6 39
A total * 1794 139 84 19 5 2
#s Subtotal 4480 371 225 77 27 1 105
>`Tout 28972 3512 1982
977 159 142 1149
• f
N
. •
FINDINGS AND CONCLUSIONS IN SUPPORT OF ORDINANCE: NO. 87-61
1. BACKGROUND
Because of certain concerns raised by Tualatin, Sherwood and Washington
County at the time Ordinance No. 87-45 was adopted, the Tigard City Council
reconsidered the decision at a public hearing held on November- 16, 1987.
After considering evidence regarding the impacts of Ordinance 87-45, the
Council voted to adopt Ordinance No. 87--61. The adoption of Ordinance No,
87-61 is a new action which, in effect, replaces and reaffirms the Council's
decision to impose the same truck restrictions set out in Ordinance No. 87--45.
The findings and conclusions in support of Ordinance No. 87-61 are based
on the record established in the adoption of Ordinance No. 87-45, the Staff
..r._cu, ent entitled "Background Information on Durham Road Truck Prohibition,"
and other maps, documents and testimony provided to the Council at its hearing
on November 16, 1987. The findings and conclusions contained herein have been
adopted by the City Council as part of Ordinance No. 87-61.
2. PURSUANT TO ORS 810.030 AND THE CITY'S GENERAL POLICE POWERS,_ Tl IE TRUCK
RESTRICTIONS ARE ADOPTED IN ORDER TO PROTECT THE INTEREST AND SAFETY OF
THE GENERAL PUBLIC.
The enhanced safety afforded to pedestrians and motorists and the
minimizing of the disr;sptive effect on adjoining residential neighborhoods
resulting from, the truck restrictions outweigh any potential negative impacts.
The presence of Tigard High School and Durham Grade School along Durham
Road heightens the need for making it a safe thoroughfare. Tigard High School
maintains an open school policy, which means student traffic enters and exits
Durham Road at all hours of the school day. The fact that Durham Road is not
improved to major collector standards, has major sight distance problems, and
FINDINGS AND CONCLUSIONS - PAGE 1
,a
"F�
lacks adequate sidewalks, bike paths, cross walks and street lighting are all
factors which persuaded the City to increase the truck restriction to a
24--hour ban in the interests of safety. The testimony from residents in the
Durham Road area provides further evidence in support of the need for this
ordinance.
The Washington County ordinance restricting truck traffic 18 hours a day
on Durham Road has riot provided the desired degree of safety. Traffic along
the road and the residential population area have increased since the county
imposed the restriction three years ago, and only minimal road improvements
have been made since that time. Evidence indicates that Durham Road has
become the truck drivers' shortcut of choice through 'Tigard, and that is why
it is the primary focus of this ordinance. Other- east—west access routes,
more suitable for- heavv trucks, are available. The restrictions on the other
roads included in this ordinance are a necessary precaution in light of the
restriction on Durham Road. These other roads would be less able to safely
handle the increased truck traffic that would result if only Durham Road was
t
included in this ordinance.
During the past several months, both before and after the adoption of
Ordinance No. 87-45, Tualatin, Sherwood and Washington County have raised
concerns about the potential impact of increased truck traffic along routes
within their jurisdictions. Those concerns have been raised in letter's,
testimony before the Tigard City Council and at other public forums and
meetings where officials of Tigard were in attendance; minutes of those
meetings are a part of the record. No specific evidence has been presented to
the City at any time to support those fears. After the restriction on Durham
Road took effect, Washington County performed a traffic count on various
alternative routes. The results of that study, according to the County,
"don't show any clear impacts." That conclusion supports Tigard's finding
that the negative impacts of the truck restrictions are negligible.
FINDINGS AND CONCLUSIONS - PAGE 2
The amount of truck traffic diverted from Durham Road as a result of the
ordinance is no more than 100 trucks. The r•estrict,�d routes will remain open
to those trucks going to destinations along the restricted routes. There are
at least five other- alternative east-west routes connecting Highway 99 and 1-5
that can handle the diverted truck traffic. The net effect of adding 100
trucks or less spread over- at least five routes in a six--hour period is
insignificant, particularly when contrasted with the safety benefits provided
by the truck restrictions.
Alternative east-west access routes ado(juately serve the needs of both
Tigard and the region. Necessary access to Tigard's industrial and commercial
areas will not be hindered by the restrictions nor will there be any negative
impact on the City's economic vitality. Although some of the truck traffic
digorted as a result of the ordinance may end up on Highway 99, the evidence
does riot show that it will noticeably exacerbate the traffic congestion
already existing along that road or increase the accident rate. No evidence
has been presented regarding any increase in the number of accidents along
Highway 94 or any of the other alternative routes.
On balance, the evidence presented both before and after the adoption of
Ordinance No. 87-45 demonstrates that the safety and other benefits derived by
the truck restrictions far outweigh the unsubstantiated and speculative
negative impacts raised by some opponents.
3. THE IMPOSITION OF TRUCK, RESTRICTIONS WILL NOT HAVE ANY SIGNIFICANT"
IMPACTS ON PRESENT OR FUTURE LAND USES IN THE AREA, AND, THUS IT IS NOT
A LAND USE DECISION.
The City concludes that the adoption of Ordinance No. 87-61 is not a land
use decision, nor was the adoption of Ordinance No. 87-45. In adopting the
ordinance, the City was not required to apply any comprehensive plan provision
or policy or any other local land use regulation. The City also finds that no
FINDINGS AND CONCLUSIONS - PAGE 3
substantial evidence has been presented demonstrating that any significant
impacts on any land uses will result, or are likely to result, from the truck
restrictions.
Tualatin and Sherwood contend in their petition for• review filed with the
Land Use Board of Appeals that the adoption of Ordinance No. V-45 was a land
use decision. However, neither in their petition for review nor in any
evidence presented to the City has either Tualatin or• Sherwood, or any other
party, presented any evidence of any significant impact on present or• future
land uses in Tigard or in any other jurisdiction. The burden is on those
jurisdictions to provide such evidence. Speculative concerns about potential
increases in traffic do riot qualify as tangible and significant impacts on
land uses.
4. THE TRUCK RESTRICTIONS ARE NOT IN VIOLATION OF THE INTERGOVERNMENTAL
AGREEMENT DATED JULY 22 1986 BETWEEN TIGARD AND WASHINGTON COUNTY.
Nothing in the Intergovernmental Agreement restricts Tigard's right to
extend the hours of the Durham Road truck restriction originally imposed by
the County. When jurisdiction over Durham Road was transferred to the City,
county officials were aware of the possibility that Tigard might extend the
truck restrictions, but the issue was not addressed. The Agreement requires
the City to "sustain the designated function of . . . Durham Road," and to apply
certain interim standards regarding travel lanes, right—of—way, pavement
width, bike lanes, access spacing and design speed. Ordinance No. 87--61 does
not breach either of those two requirements. Except for those two conditions,
the County gave the City "full and absolute jurisdiction over" Durham Road,
and further stated that the City shall have "the same control, power and
jurisdiction of said road as are by its Charter and the laws of the State of
t`
FINDINGS AND CONCLUSIONS PAGE 4
Oregon given or granted over any of the public streets and alleys of said
City." The City concludes that it is well within the bounds of that grant of-
authority in adopting the truck restriction.
5. ALTHOUGH NOT A LEGAL REQUIREMENT, THE PUBLIC NOTICE PROVIDED FOR THE CITY
COUNCIL NEARING ON NOVEMBER 16` 1987, AT WHICH ORDINANCE NO. 87--61 WAS
ADOPTED, COMPLIED WITH ORS 227.400_
With the adoption of Ordinance No. 87-61, the City has riot designated any
new routes for truck traffic which did not already allow such traffic. The
notice requirements of ORS 227.400 are intended to alert the public to
situations where roads which do not have truck traffic will be opened up to
truck traffic. No such change in circumstance results from the City's
imposition of the truck restrictions. ORS 227.400(3) states that the notice
must describe "the proposed formation of the truck route, including a
description of the roads and streets in the City that will form a truck
route." The type of action envisioned by that notice requirement is not
relevant to the action taken by the City. Therefore, the City concludes that
it was not required to comply with the notice requirements of ORS 227.400.
In their petition for review to LUBA, Tualatin and Sherwood claim they
were prejudiced by the City's failure to comply with the notice requirement of
I
227.400 in the adoption of Ordinance No. 87-45. Based on the record compiled
I
i
when that ordinance was adopted, the City concludes that both Tualatin and
Sherwood had ample notice of the truck restriction and ample time to prepare
their arguments against it. Furthermore, adequate public notice of the
r
November 16, 1487 public hearing was published. Although ORS 227.400 is not y�
relevant to Ordinance No. 87-61, the City nonetheless finds that its notice
provisions have been fully complied with in the adoption of both ordinances.
FINnINGS AND CONCLUSIONS — PAGE 5
4
6. ALTHOUGH THE ADOPITION OF ORDINANCE NO. 87-61 WAS NOT A LRND USE gECISIAN, }
NONETHELESS IT WAS CONSISTENT WITH THE_TIGARD COMPREHENSIVE PLAN,
i
There are no policies or implementing strategies in the Tigard
Comprehensive Plan that are directly applicable to the action taken by the
City Council. The Comprehensive Plan's transportation policies and
implementing strategies are riot applicable because the truck restrictions do
not fall within the City's definition of "transportation planning." The
Comprehensive Plan defines transportation planning as "the process by which
transportation improvements or new facilities are systematically conceived,
i
tested as to present and future adequacy, and programmed for future
i
construction." As the City Council interprets that definition, it does not
F
embrace safety—oriented regulation such as this ordinance.
Without offering any explanation of which specific policies and
strategies were applicable to Ordinance No. 87-45, 'Tualatin and Sherwood have
nonetheless asserted that Tigard should address certain unidentified
Comprehensive Plan policies when imposing the truck restrictions. Tigard has
attempted to identify and -address which policies could conceivably be relevant
to this ordinance in the event a higher authority determines that the City was
i
required to apply its Comprehensive Plan.
Transportation Policy 8.1.2 states: :
"The City shall provide for efficient management of the transportation
planning process within the City and the metropolitan area through
cooperation with other federal, state, regional and local jurisdictions."
Impie+menting Strategy 8 for the above—quoted policy states:
"The City shall coordinate their planning efforts with adjacent cities '
and other agencies, e.g. , Beaverton, Portland and Tualatin, Washington
County, Metropolitan Service District, Tri—Met and MOT."
Prior to the adoption of this ordinance and Ordinance No. 87-45, Tigard
fiscussed with representatives of interested jurisdictions the potential
impacts of the truck restrictions. While recognizing the speculative concerns
about increased truck traffic raised by Tualatin, Sherwood and Washington
FINDINGS AND CONCLUSIONS — PAGE 6
,
County, the Council concluded that the safety benefits to be gained outweighed
any potential traffic problems. Substantial evidence regarding the inadequate
'
state of Durham Road and the safety-oriented problems caused by the truck
/
traffic on it was presented to the City Council, in contrast with the
unsubstantiated and speculative nature of the testimony regarding possible
detrimental impacts on roadway, in other jurisdictions.
The policy regarding cooperation/coordination with other jurisdictions
does not give those jurisdictions veto power over trannportatiun-oriented
^
regulations adopted by Tigard, particularly when those regulations are
safety-oriented and only apply to roads under Tigard'y jurisdiction. The
'
coordination/cooperation policy is satisfied when Tigard explains its
regulations to interested jurisdictions and evaluates any concerns raised by
those jurisdictions. Ao the record demanotex' Tigard has satisfied that
^
requirement in the adoption of this ordinance and Ordinance No. 87-45.
The Street Improvement section of the Comprehensive Plan contains the
f011owifig two Policies regarding Durham Road:
�� '.
"Durham Road shall be improved to two moving lanes of traffic with the
provision for- left turn movement.
"Truck traffic on Durham Road
in excess of 30,000 pounds gross vehicle
weight shall be discouraged,"
The Traffic Analysis section
states that Durham Road is an
unimproved
major collector with an average daily traffic count (ADT) of 5200-5800, while
the capacity for such roads is 3,000 ADT.
Durham Road has more traffic than it is intended to handle and, further
i?xacerbating the problem, it has not yet been improved to the design standards
intended for it, The left turn lanes referenced in the Comprehensive Plan are
not yet in place. These shortcomings contribute to the need for the safety
improvements provid6d by the truck restrictions.
The truck restrictions Are also consistent with the above stated policy
of discouraging trucks over 30,000 pounds from using Durham Road. The 20,000
FINDINGS AND CONCLUSIONS PAGE 7
pound designation was used in this ordinance, in part, to maintain continuity
with the existing weight restriction imposed by Washington County. The
restriction of trucks over 20,000 pounds is consistent with the policy's
intent of minimizing safety hazards and the disruptive impacts of heavy truck
traffic in residential areas. Furthermore, the 20;000 pound designation will
more effectively enhance the safety benefits of the ordinance than would a
higher weight restriction.
In their petition for review, Tualatin and Sherwood note that
Neighborhood Planning Organization Policy 11.2.3(g), regarding Ash Avenue,
states that one of several listed methods of mitigating traffic impacts on the
neighborhood shall be the:
"installation of traffic inhibitors to the ros'dent-l:1 of Ash if
and when traffic volumes exceed the middle range for a minor collector.
Traffic inhibitors include but are not limited to planting islands, speed
bumps, buttons, turning restrictions, load limits and enforcement
(emphasis added)."
Based on this isolated reference to "Load limits, Tualatin and Sherwood
make the following argument:
"A careful examination of the Tigard Comprehensive Plan indicates
Transportation Planning is a major element. The absence of the words
"truck route" du not demonstrate that the Tigard City Council has riot, in
other words and locations, recognized eitherthe usefulness or need for
traffic inhibiting mechanisms. The reference to such a mechanism in
another location, i.e. , Ash Avenue, but not along Durham Road or McDonald
Street, argues against their application along Durham Road and McDonald
Street."
That argument is based on an erroneous reading of the Comprehensive
Plana The City's authority to impose the truck restrictions, either as an
exercise of its general police powers or, its land use planning powers, is not
in any way limited by the fact that load limitations are mentioned as one
mechanism for mitigating traffic impacts on Ash Avenue, but are not
specifically mentioned as a possible method on Durham Road. To assert, as
Tualatin and Sherwood have, that Tigard's discretion in how it implements the
stated policy of discouraging truck traffic on Durham Road is limited to those
FINDINGS AND CONCLUSIONS — PAGE 8
k'
mechanisms not specifically referenced elsewhere in the Plan is an
unreasonable and unsupportable interpretation of Tigard's Comprehensive Plan.
Finally, in arguing that Tigard failed to adequately address and apply z
its comprehensive plan in its adoption of Ordinance No. 87-45, Tualatin and
4
Sherwood state that Tigard:
1
"should have addressed the issue of what made further, restrictions on
truck traffic along Durham Road necessary in light of the fact that
certain Plan objectives had already been accomplished."
Even if it was necessary to address the Comprehensive Plan in the
't
adoption of this ordinance and Ordinance No. 87-45, nothing in the Plan would
t
require the City to address this issue. Nonetheless, the record contains
i;
ample evidence addressing why the additional safety precautions are
necessary. Further restrictions were needed because new residential and
commercial development has taken place in the Durham Road :area during the past
three years, while none of the necessary and planned for road improvements
have taken place. The net result has been an exacerbating of the same I
I
conditions and safety concerns that led Washington County to impose the I
original truck restrictions.
In conclusion, all the concerns and objections raised both on the record
and in the opponents' petition For review filed with LUBA were considered and
evaluated by the Tigard City Council. The evidence presented since the
adoption of ordinance No. 87-45 serves to further support and affirm the
adoption of this ordinance and the continuation of the specific trunk
restrictions previously adoptQd.
cs/1815D
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