City Council Packet - 10/11/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign their name on the
OCTOBER 11, 1982, 7:30 P.M. appropriate sign-up sheet(s). It no sheet is
FOWLER JUNIOR HIGH SCHOOL provided, ask to be recognized by the Chair.
LECTURE ROOM
1. REGULAR MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open
Agenda
2. 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 for discussion and separate action. Motion to:
2.1 Approve the Expenditures and Investments: $ 270,801.74
2.2 Receive and File Transmittals:
• From Planning & Development Re: Neighborhood Petition on
Rezoning
sa From Phil Edin Re: Resignation From Budget Committee G
• From Staff Re: Council Minutes
• From R. Michael Marr Re: Plaid Pantry Market Proposed Locations
2.3 Call Special Meeting 10-27-82/12:00 Noon/Tigard City Hall
2.4 Receive and File Urban Services Report
2.5 Canvass Votes From September 21, 1982 Civic Center Election
Approve Resolution No. 82-114 Adopting Final Order-Cambridge Square
.. 2.7 Approve Visa Cards For Executive Staff Members tit �( '; -,:•r
2.8 Accept and Authorize Signatures on Following Street Dedications:
® Elizabeth Weed - 92nd Avenue Improvement (Bouman)
• Rod Woita - 92nd Avenue Improvement (Bouman) (2)
2.9 Ratify Council Action of 10-04-82 - Approval of call for bids on
backhoe specs
2.10 Approve Refund To James A. Hodgson For Building Permit - $807.00
2.11 Approve Letter To Be Sent On ZCA Hearings To Reschedule To 1-24-83
yA�e� 2.12 Approve Payment of 72nd Avenue Billing
2.1 Approve OLCC Application for Funnelli's Pizza, 14385 SW Pacific
Highway (Canterbury Square) - RMB Application
3. PRESENTATION OF KEYS TO CITY TO CIVIC CENTER EXECUTIVE COMMITTEE
• Mayor and Council
RECESS COUNCIL MEETING
4. TURA MEETING
s Call To Order and Roll Call
• Receive TURA Advisory Committee Update Report
• Agency Discussion
• Adjournment
RECONVENE COUNCIL MEETING
PUBLIC HEARING PORTION OF MEETING
5. SIGN CODE REVISION - TITLE 16 - `LOA 3-82 PUBLIC HEARING
A request by the City of Tigard to revise the Sign Code, Title 16 of the
Tigard Municipal Code. e i01z5l8z��
• Public Hearing Opened
® Summation by Administrative Assistant Sargent
a Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation of Administrative Assistant Sargent
• Public Hearing Closed
• Consideration by Council
a ORDINANCE No. 82- Adopting ZOA 3-82
PUBLIC HEARING PORTION OF MEETING CONCLUDED
6. REPORT ON 74TH & DURHAM SENSITIVE LANDS DECISION BY HEARINGS OFFICER
• Director of Planning and Development
7. 72ND AVENUE LID STATUS REPORT
:ID
Director of Public Works
8. D FINANCING
• City Administrator
9. CIVIC CENTER/SPACE NEEDS REPORT
• City Administrator
10. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair
under item 1.3 will be discussed at this time. All persons are
encouraged to contact the City Administrator prior to the meeting_
11. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under ORS 192.660 to consider yn issues.
12. ADJOURNMENT _
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PAGE 2 - COUNCIL AGENDA - OCTOBER 11, 1982
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T I G A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES - OCTOBER 11, 1982 - 7:30 P.M.
CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook,
. Nancie Stimler, and Kenneth Scheckla; Dire Recorder, Public
1. ROLL Doris
Works, Frank Currie; Finance Director/City
Hartig; City Administrator, Bob Jean; Director of Loreen Wilson.
g &
Development, William Monahan; Office Manager,
DIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
2. CALL TO STAFF, COUNCIL & AUf
(a) City Administrator requested the following items to added to open 1
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agenda: t
.1 Acceptance of Warranty Deed - Samack/72nd Avenue LID E
.2 Attorney's Legal Opinion - Seating Council
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3. APPROVE THE EXPENDITURES AND INVESTMENTS: $ 270,801.74 f
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
4. RECEIVE AND FILE TRANSMITTALS:
O From Planning � Development re: Neighborhood Petition on Rezoning
O From Phil Edin re: Resignation From Budget Committee
O From Staff re: Council Minutes
O From R. Michael Marr re: Plaid Pantry Market Proposed Locations
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to receive
and file.
Approved by unanimous vote of Council.
5. CALL SPECIAL MEETING 10-27-82/12:00 Noon/Tigard City Hall
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to call
special meeting as indicated.
Approved by unanimous vote of Council.
6. RECEIVE AND FILE URBAN SERVICES REPORT
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to receives
and file report.
Approved by unanimous vote of Council.
7. CANVASS VOTES FROM SEPTEMBER 21, 1982 CIVIC CENTER ELECTION
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to canvass
votes. (See attached listing of vote results.)
Approved by unanimous vote of Council.
COUNCIL MINUTES - OCTOBER 11, 1982
8. RESOLUTION NO. 82-114 A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING
FINAL ORDER IN THE CONSIDERATION OF CAMBRIDGE
SQUARE, AN APPLICATION OF CENTURY 21 HOMES, INC.
(PD 2-82 & S 5-82)
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(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
9. RESOLUTION NO. 82-110 A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO
ENTER INTO AN AGREEMENT FOR THE ISSUANCE OF VISA
CREDIT CARDS TO THE CITY ADMINISTRATOR AND
DEPARTMENT HEADS OF THE CITY.
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
10. ACCEPT AND AUTHORIZE SIGNATURES ON FOLLOWING STREET DEDICATIONS:
o Elizabeth Weed - 92nd Avenue Improvement (Bouman)
o Rod Woita - 92nd Avenue Improvement (Bouman) (2)
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to accept
and authorize necessary signatures.
Approved by unanimous vote of Council.
11. RATIFY COUNCIL ACTION OF 10-04-82 - APPROVAL OF CALL FOR BIDS ON BACKHOE
SPECS
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to ratify
action of 10-04-82.
Approved by unanimous vote of Council.
12. APPROVE REFUND TO JAMES A. HODGSON FOR BUILDING PERMIT - $807.00
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve
refund for $807.00.
Approved by unanimous vote of Council.
13. APPROVE LETTER TO BE SENT ON ZCA HEARINGS TO RESCHEDULE TO 1-24-83
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve
letter to be sent.
Approved by unanimous vote of Council.
14. APPROVE PAYMENT OF 72ND AVENUE BILLING
o Paul J. Rask - $13,950
o Columbia Excavating Inc. - $155,030.07
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve
payment.
Approved by unanimous vote of Council.
PAGE 2 - COUNCIL MINUTES - OCTOBER 11, 1982
15. APPROVE OLCC APPLICATIONS:
o Funnelli's Pizza, 14385 SW Pacific Highway, Tigard (RMB Application)
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
16. PRESENTATION OF KEYS TO CITY TO CIVIC CENTER EXECUTIVE COMMITTEE
(a) The Mayor and Council presented keys to the Civic Center Executive
Committee members who were present.
RECESS COUNCIL MEETING - 7:53 P.M.
17. TURA MEETING
(a) ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John
Cook, Nancie Stimler, and Kenneth Scheckla; Director of Public Works,
Frank Currie; Finance Director/City Recorder, Doris Hartig; City
Administrator, Bob Jean; Director of Planning & Development, William
Monahan; Office Manager, Loreen Wilson.
(b) Director of Planning & Development presented an update on the TURA
Advisory Committee's work.
(c) Motion by Agency member Brian, seconded by Agency member Cook to
receive and file report.
Approved by unanimous vote of Agency.
(d) Adjournment: 8:05 P.M.
RECONVENE COUNCIL MEETING - 8:07 P.M.
PUBLIC HEARING PORTION OF MEETING
18. SIGN CODE REVISION - TITLE 16 - ZOA 3-82 PUBLIC HEARING
A request by the City of Tigard to revise the Sign Code, Title 16 of the
Tigard Municipal Code.
(a) Motion by Councilor Scheckla, seconded by Councilor Brian to continue
the public hearing to the October 25, 1982 meeting and to schedule a
study session on the issue for October 18, 1982.
Approved by unanimous vote of Council.
PUBLIC HEARING PORTION OF MEETING CONCLUDED
19. REPORT ON 74TH & DURHAM SENSITIVE LANDS DECISION BY HEARINGS OFFICER
(a) Director of Planning and Development filed the written report of the
Hearings Officer decision on the Jadco Chemical fill permit at 74th
and Durham, noting that the Hearings Officer has denied the
application.
C PAGE 3 - COUNCIL MINUTES - OCTOBER 11, 1982
20. 72ND AVENUE LID STATUS REPORT
(a) Director of Public Works gave financial overview of 72nd Avenue LID
r. project also giving updates regarding right-of-way acquisition,
construction of project to date and displayed several charts and
graphs to assist him in the presentation.
(b) Council consensus was to have Director of Public Works present more
graphs at his next status report on the project.
21. LID FINANCING
(a) City Administrator discussed at great length with Council possible
policy decisions regarding LID financing.
(b) After discussion, Council consensus was to have staff prepare some
policy statements and return to Council after November 2nd election.
22. CIVIC CENTER/SPACE NEEDS REPORT
(a) City Administrator presented letter requesting Council approve a
"Space Needs II Study" which would look at: (1) a civic center with
public-private financing; (2) deco>ntralized rental space; and (3)
mixed ownership-rental space.
(b) After some discussion, Council consensus was to have staff develop
broad policy options and bring back for further Council consideration
in January or February.
23. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair
under item 1.3 will be discussed at this time. All persons are encouraged
to contact the City Administrator prior to the meeting.
23.1 ACCEPTANCE OF WARRANTY DEED - SAMACK/72ND AVENUE LID
(a) Motion by Councilor Cook, seconded by Councilor Stimler to accept
deed.
Approved by unanimous vote of Council.
23.2 ATTORNEY LEGAL OPINION - SEATING COUNCIL
(a) Legal Counsel reported that the incoming Council is the judge as to
who should be seated after the election. The City Council is the
final arbitrator unless someone files suit in a court of law.
24. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
9:53 P.M. under ORS 192.660(1)(e) to consider land acquisition issues.
25. ADJOURNMENT: 10:21 P.M.
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City Recorder - City of Tig
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ATTEST:
Mayor - City of Tigard
PAGE 4 - COUNCIL MINUTES - OCTOBER 11, 1982
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SEPTEMER 21, 1982
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No.of P-6.0 YES NO YES NO I YES I NO
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31 20 84 30 77 22 80 OT m
32 34 187 34 184 33 185 O Z
33 10 65 10 62 9 63 m
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TOTAL 171 1977 208 931 198 1932
I certify that the votes recorded on this abstract '
Sig }ure of County Clerk: Date of Abstract
rectly summarize the tally of votes cast at the election
indicated
ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VOTES AT PRIMARY ELECTIONS:
SPECIAL ELECTIONS: Separate sheets for Democratic, Republican, Nonpartisan, and other
candidates.
Votes gest for Governor must be on separate Separate sheets for candidates for City, County (including precinct)
page or pages. and State office.
For additional instructions see ORS 250.810. For additional instructions, see ORS 249.410.
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PAYMENT OF BILLS FOR COUNCIL APPROVAL
SEPTEMBER 30, 1982
PROGRAM BUDGET
Community Services
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Police 20,379.90
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Finance & Records 6,400.27
Municipal Court 160.71
Library 3,831.09
Social Services 594.67
Total Community Services 31,366.64
Community Development
Public Works 7,885.85
Planning & Development 1,441.66
Total Community Development 9,327.51
Policy & Administration
Mayor & Council
1,192.59
Administration 1,875.53
Total Policy & Administration 3,068.12
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City Wide Support Functions
Non—departmental 17,498.84
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Misc. Accounts (refunds & payroll deductions, etc.) 30,743.30
Investments 100,000.00
DEBT SERVICE
General Obligation Bond
Bancroft Bond & LID Expenses 20,523.51
UNIFIED SEWERAGE AGENCY
58,273.82
Contract
.. ALL OTHER EXPENDITURES
Civic Center Project
TOTAL AMOUNT OF CHECKS 14RITTEN 270,801.74 --_
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October 5, 1982 f
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MEMORANDUM
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TO: CITY COUNCIL
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FROM: PLANNING AND DEVELOPMENT DEPARTMENT
SUBJECT: NEIGHBORHOOD PETITION ON REZONING
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On October 4, 1982 the Planning and Development Department received the
attached petition indicating those residents who are opposed to the proposed
rezoning of a 10 acre parcel of land or the northside of O'Mara, and south of [
Fanno Creek.
As you are aware the City is in the process of complying with the
acknowledgment requirements setforth in the LCDC Statewide Planning Goals. In
order to comply, it will be necessary to upzone some of the residential
densities within the City. As part of this process the City has reviewed
larger vacant parcels of land which lend themselves to high density
development while minimizing negative impacts on established residential
neighborhoods. s
Action Requested
4
This petition was brought before you at this time as a request of the
petitioners for information only. This and other housing related issues will
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be discussed during the NPO Formulation process in November and at the public
hearings in December. Therefore, no action is needed at this time.
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P E T I T 1 O N
TO: � \ten ,ga2
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Planning Staff , C3OF
Planning Commission
and the City Council G� I ` �N�
City of Tbgard , Oregon Q
SUBJECT:
Plea for retention by Tigard City
Council of R-7 zoning on land on
O'Mara Street, delineated herein.
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We, the undersigned petioners , hereby implore the City of Tigard
governing bodies to adhere to and abide by officially approved
NPO ##1, Policy 6. The traffic flow on O'Mara and Frewing Streets
and Ash Avenue is already heavy enough without exposing these
streets to a potential of 200 Multi-Family units comprising
2-story apartments , etc . Further, to change the zoning to a
higher desity would- adversely affect and devaluate adjacent prop-
erties. More on our objections is set forth below.
Each of the petitioners herein ask for ample advance notice of
any meeting to be held by the Tigard Planning Commission and/or
City Council for the purpose of deciding this matter.
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In the next fe=+1 '1o!.ti_s Tigard will adolPt ne:1
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be anew ,Or
F r i _ be
r:«:dt_+ed '':f LJ D-• Ar ., to d
ply,,. The above s'_-...da e.r_:�L _., �_oposed ti
units per -cre tc 12 units per acre_
We, the undersigned, are opposed to this zoning charge for the following
reasons:
ply family dwellir_e in this area would
ing neit
be
1) We feel that multihbor-
in keeping with the rui{al atsmospherof the surrounding g
2) hood;
The increase in traffic would greatly tax the existing roads o
this area;
3) Existing utilities are inadequate to properly serve multiple
family dwellings in this area;
4) We feel that rezoning the above area would be out of character
with the rest of t7:e r.ewier:F'rehensive plan.
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1982
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September 29, 1982
Tigard City Council K
CITY OF TIGARD
PO Box 23397
Tigard, OR. 97203
Dear Mayor and Councilmembers :
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Having recently been appoi nted toe City of Tigard
Planning Commission, I find it necessary to resign my
position on the Budget Committee. Please accept this f
letter as my formal resignation document.
Sincerely, i
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Phil Edin
13110 S.W. Ash Drive r
Tigard, OR. 97223 I
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October 7, 1982
MEMORANDUM
TO: Mayor and Council
FROM: Loreen Wilson, Deputy Recorder �[A,
SUBJECT: Council Minutes
Staff will have more Council minutes ready for approval by the 10-25-82
meeting. Thank you for your patience during the last few weeks.
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October 3, 1982
OREGON LIQUOR CONTROL COMMISSION
Attn: Mr. Paul J. Williamson
Executive Assistant
License Division
9079 SE McLoughlin Blvd.
P.O.Box 22297
Portland, Oregon 97222
Subject: Applications For Package Store Permits
Applicant - Plaid Pantry Markets, Inc.
Locations - Tigard, Oregon @ Hall Blvd Intersect With Bonita Road
@ Hall Blvd Intersect With Durham Road
i
Dear Mr. Williamson,
The following is my personal statement of opposition to issuance of Package
Store Permits to Plaid Pantry Markets, Inc. and any future applications of
similar nature, at. the above described locations, and, more generally so,
the Hall Blvd. corridor.
To address the matter broadly, I and many other residents are opposed to any 4
commercialization, and convenience stores in particular, of the stated area.
There are numerous reasons beyond those that follow ( with reference to s
Package Store Permits) for which we find opposition to such development.
In the consideration of the above Package Store Permit Applications before 4
the Oregon Liquor Control Commission, I request the Commission deny said r
applications for reasons which include:
(1) The surrounding areas have no other commercial development in any
significant proximity. The development which does exist is all
residential , with churches and schools, both primary and secondary.
Areas which have not been developed, being raw agricultural land
at this time, will undoubtedly become residential at some undeter-
mined date in the future. Two locations which some time ago were
identified as commercial areas in the Comprehensive Plan may be
receiving review as to the appropriateness of that use, especially
considering the citizens' known feelings at this time.
(2) The question of Public Need, Demand, and Convenience is easily
answered. First, the enclosed maps show one, one and one-half,
and two mile radius circles drawn with the proposed sites as the
centers. Please note that well within the one to two mile radii ,
both locations have existing convenience store ' package sales '
wherein the residents have facilities to meet their needs and their
convenience. It should also be noted that, while not shown on the
October 3, 1982
Oregon Liquor Control Commission
Page 2
(2) cont'd
maps, the less than 20,000 residents of Tigard have a total of
twelve (12) other 'package sales ' .locations available to them and
twenty four (24) more dispensary type locations. To me this seems
adequate. To follow the line of thinking being exercised by the
Plaid Pantry organization in the proposal for these two locations,
the public should have 'package store convenience' within approximately
six (6) blocks of every residence. I feel that this is grossly
excessive and has no purpose except for the 'profit motivation' of
the entrepreneur. It would be a blatant overuse of the 'convenience'
argument.
Second, the public demand is completely lacking as has been clearly
documented by the results of the petition effort exercised on this
matter. SEVENTY FIVE PERCENT (75%) of the residences contacted, with
some not even home to express themselves, are opposed to the issuance
of Package Store Permits in the abode matter. The Plaid Pantry
Markets, Inc. statements of recent that their 'market study' finds
their stores to be a welcome addition to the community are erroneous;
the 'market study' obviously failed or forgot to consult the residents
of the neighborhood area they propose to join.
(3) The potential conditions which I see having strong possibilities of
occuring are:
(a) creation of additional late hour traffic, stop and go noise,
etc. , drawn into a neighborhood environment of tranquility
and peacefulness currently existing.
(b) loitering by persons, and their idling automobiles, is a
neighborhood area resulting in an intrusion of the residential
public's tranquility and serenity. This also creates a concern
of undesireable types having close contact with the youthful ,
underage population that is residing in the neighborhood area
near these locations, as well as attending school nearby.
(c) litter becoming a fact of presence which otherwise is non-
existent.
(d) the dangers to the neighboring residents from possible robberies
and/or attempts which otherwise would not be occuring in the
neighborhood but for a convenience store's existence, heavily
supported by profitable packaged beverage sales.
(4) Recognition of the oppostion voiced, not only by the residents, but
additionally by our:
(a) Tigard City Staff
(b) Tigard City Police Chief, Robert Adams
(c) Tigard School District Superintendent, Deb Fennell
October 3, 1982
Oregon Liquor Control Commission
Page 3
(4) cont'd
_ (d) Tigard Neighborhood Planning Organization Nos. 5 and 6,
and/or members of same.
Some of the supportive letters and/or statements (photostats) are
attached. One can only speculate on the political , or other,
motivations which cause four members of Tigard's City Council to
support Plaid Pantry Markets, Inc. inspite of the community opposition.
It should be apparent by the material the citizens are presenting in
opposition that the City Council is not representing the electorate.
(5) Plaid Pantry Markets, Inc. apparent disregard for public attitudes
and needs. Backed by little more than a 'market study' of unknown
quality, they appear to place great importance on 'package sales' ,
giving little consideration to the social and environmental effects
on our youth, our residences, our community in general . Corporate
profits obviously have taken a much higher priority than citizen
'costs ' due to the intrusion of the 'attractive nuisance' facilities.
My remarks reflect some animosity towards Plaid Pantry Markets, Inc. I am
hopeful they don' t create an impression of me as an unreasonable radical .
I am not unreasonable, nor am I radical . It is simply that I have endured
the irritating situation since June of this year watching the Plaid Pantry
organization maneuver, observing their callousness towards our community,
our neighborhoods, and our youth. Tigard residents, for the most part, have
a great amount of pride in our town and the healthy environment in which we
live and raise our children. We wish to maintain the high standards that we
currently enjoy. Tigard is not without it' s problems; we have them like any
community. But they are different problems in many respects. The 'package
sales' that Plaid Pantry Markets, Inc. wish to bring into our neighborhood
and across the street from our high school will create new problems which we
should not have to deal with.
Please acknowledge my concerns, and that of many residents with the support
of City and School District representatives, by denying Plaid Pantry Markets,
Inc. ' Application for a Package Store Permit at Hail Blvd.and Bonita Road,
rescinding your previous approval of a permit at Hall Blvd. and Durham Road,
and making a permanent record of all opposition to any future applications
of similiar nature in the Hall Blvd. corridor. There are other locations
with greater compatibility and community support, where 'convenience store'
organizations might better serve the public and the community.
Thankyou for your considerations of appeal .
Sincerely,
CR. Michael Marr
Christine J. Marr
14445 Std 87th Ct.
Tigard, Oregon 97223
r October 3, 1982
Oregon Liquor Control Commission
Page 4
Postscript: If the Commission has not been presented with sufficient reasons,
and public opinion indications, to warrant denial of the above
referenced applications, I urge you to extend to our community
a Public Hearing with advance advice as to what items we have
not adequately addressed.
Attachments: Photostats
Excerpts from Street Map and Guide published by the Tigard
Area Chamber of Commerce, 1980
Letters, statements presented by civic and school officials
in opposition to applications
pc: CITY OF TIGARD
Attn: Mr. Robert Jean
City Administrator
Mrs. Kris Vanderwood
Chairperson, NPO #5
Mr. Phil Pasteris
Chairperson, NPO #6
Mr. Deb Fennell
Superintendent, TSD 23J
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October 3, 1982
OREGON LIQUOR CONTROL COMMISSION
Attn: Mr. Paul J. Williamson
Executive Assistant
License Division
9079 SE McLoughlin Blvd.
P.O.Box 22297
Portland, Oregon 97222
Subject: Applications For Package Store Permits
Applicant - Plaid Pantry Markets, Inc.
Locations - Tigard, Oregon @ Hall Blvd Intersect with Bonita Road
@ Hall Blvd Intersect with Durham Road
Dear Mr. Williamson,
Pursuant to the time extension which the Oregon Liquor Control Commission so
graciously granted to the citizens in the above matter, a 'Petitionary
Objection' petition has been presented to the residents in the immediately
adjacent neighborhood area of Hall Blvd. and Bonita Road. Next attached
please find said petitions; the 'Statement' of Objection, to which the
citizens have signed their names, is self explanatory.
We wish to provide a few supplementary notes to what is presented herein.
Admittedly, not 100% of the people are opposed to the issuance of Package
Store Permits to the above applicant; however, the following data and remarks
will reflect that the overwhelming majority are opposed to said action.
(1) Nine residents gave of their time on two or three occasions in the
past two weeks to canvass the primary neighborhood areas adjacent
to the intersection of Hall Blvd. and Bonita Road.
(2) Emphasis of the canvass was directed at homeowners, who have a vested
and long term interest in our community and, more particularly, the
area of our neighborhood and high school a short distance away.
Some residence renters were also approached and may or may not have
signed the petition, but either way, this group was a small number.
(3) Of approximately 175 to 200 residences in the canvassed area, the
enclosed petitions represent signatures from about 140 of those
residences. The balance of non-signator residences were either
not at home, declined for reason of who they worked for, or, in a
few cases, declined because they support the applicant. The bottom _
line here is that SEVENTY FIVE PERCENT (75%) of the residents canvassed
OPPOSE issuance of Package Store Permits to Plaid Pantry Markets, Inc. ,
and any other future applicant, at the proposed two locations.
(4) There are 202 signatures, taken in areas directly affected by either
homeownership, children's environmental area, or both. On a per
L
October 3, 1982
Oregon Liquor Control Commission
Page 2
(4) cont'd
residence basis, the number might have been higher but for some
single party residences, and/or ' spouse not home' situations .
(5) Depending on one's viewpoint, the statistics of 202 people from
about 140 residences may or may not seem significant. We wish to
point out that it was not our intent, in the time available, to
attempt to traverse the entire community of Tigard for signatures
from people so remote as to make the petitions meaningless. We
feel we went to the primary area that does have a specific interest
in this matter, and as pointed out, the 202 people representing
75% of the residences have stated their feelings .
In summary, we are hereby presenting a significant statement of public opinion
of the above subject matter. It is our plea to the Oregon Liquor Control
Commission, supported by our Tigard City Staff, our Tigard Police Chief,
our Tigard School District Superintendent, our Neighborhood Planning Organization,
and the numerous personal letters that you are receiving, requesting:
(1) Denial of a Package Store Permit to Plaid Pantry Markets, Inc.
for location described as Hall Blvd. at Bonita Road.
(2) Revocation of previously approved Package Store Permit to Plaid
Pantry Markets, Inc. for location described as Hall Blvd. at Durham
Road.
(3) Retention of this documentation as a matter of permanent record
with regard to any future applications of similar nature in the
area to be described as the Hall Blvd. corridor.
While our City Council actions would not indicate as much (as in this case),
the residents of Tigard are very interested in the future of our community
and the well being of our youth. Regardless of what profiteering organizations
may attempt to say with 'mystical ' market studies, the citizens ultimately
know what they feel is best for their community and, thru the enclosed
petitions, they have made their statement loud and clear on this matter.
We thank you and the Commission for your due recognition of our position.
Sincerely,
The Concerned Residents
by R. Michael Marr pc: City of Tigard
14445 SW 87th Ct. Attn: Mr. Robert Jean
Tigard, Oregon 97223 pc• NPO #5 Chairperson
Mrs. Kris Vanderwood
Attachment: 12 Petition Packets c; NPO #6 Chairperson
(3 pages each) p Mr. Phil Pasteris
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CITYOFTWARD
WASHINGTON COUNTY,OREGON
October 7, 1982
i
i
MAYOR AND CITY COUNCIL-
CITY OF TIGARD, OREGON
SUBJECT: URBAN SERVICES FUNDING j
4
Honorable Persons:
Funding commitments for the Urban Services Study are
progressing on schedule. Firm commitments are now in
hand for $27,500 and we expect final commitments by
mid-October for the $32 ,000 in Phase I . Then we can
work on remaining special district and grant agency
mounds for Phase II .
CAttached is a summary of the commitments to date. I
will be reporting to you periodically as funding
commitments and study efforts progress.
Yours truly,
C CP OF TIGARD
Rober W. Jean,
City dministrator
RWJ dkr
Attachment
12755 S W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
MAYOR JACK NELSON
CITY OF BEAVERTON �� 1YOOF �'
4950 S.W. HALL BLVD.
BEAVERTON, OREGON 97005 WASHINGTON COUNTY,OREGON
September 9, 1982
SUBJECT: URBAN SERVICES STUDY
Dear Jack:
At the May 6, 1982, Public Official 's Caucus in Tigard, the issue of Urban Services--
costs and resources--was discussed. It was decided that City, County and Special
District staff should work with Portland State University to develop a proposal to
study the problem and make recommendations on how we as local governments might
more efficiently or equitably assure the provision of urban services.
Staff or representatives from Tigard, Beaverton, Hillsboro, Tualatin, Cornelius,
Forest Grove, Sherwood, Durham, Washington County, and Wolfe Creek Water District
all have been meeting with Dr. Sheldon Edner of Portland State. The proposed work
program involves: 1. ) Urban Services Analysis at $32,000, and 2.) the Service
Equity Study at $30,000.
CITIESCOUNTY a
Beaverton $ 9,0005/ Unified Sewerage Agency $2,500
Cornelius * $2,500
Durham �®
Forest Grove $ ?.,50080 SPECIAL DISTRICTS
Hillsboro $ 8,5008#0 Wolfe Creek Water $2,500T.
Sherwood * Washington Fire #1 $2,500
Tigard $ 5,000e000P Tualatin Rural Fire $2,500-&-T.
Tualatin
2,500+&T-
Tualatin $ 2,500 W-10 $7,500
Otho;
$27,500 PRIVATE UTILITIES
General Telephone $1,0000
STATE OF OREGON Northwest Natural Gas $1,000 ,7 .31
Intergovernmental Portland General Electric $1,000—KT .
Relations Division $2,000- ®CT.? $3,000
$2,000
GRANT TOTAL ALL RESOURCES: $62,000
H.U_D. or Foundation $19,500
$19,500
The grants by State (for Economic Development, Housing, Land Use, etc.) and from the
Private Utilities (to lower taxes and coordinate urbanization) are for the smaller
cities shares.
Since the League of Oregon Cities is suggesting that these Urban Service/Equity
issues can be best resolved at the local level, the committee felt it would be
appropriate for you, as President of the League, to forward this proposal to each
jurisdiction. Yours truly,
�. CITY OFIGARD
Robert0Q. Jean,
RWJ : dkr City Administrator
12755 S W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
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d d O d Rl O y
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A c•--• �Y a� s>'t7 _d �'-_'F a0 OO q_T'� F of'C d ' oD C.' d M d
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c0 6 w
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O t
c o ?+�3� '� c _ted" d E c 7 0 ,,�, o� 0 3 of a 3F
h E r d•p STs H C m y'��-i '1-. r C.d w+ d .d_. tii 7`T' Vl v c O yO
m m E d p W V .O c O 1-. d d d'` -d.. dam O p s a.... E o d R
3 L y a o.. $ g o > o • v a o c c o ll o 0 3 d `
f� c 7d c4c � � aci � aoa�� � 't 7TM`oa �iaC �c ?.
aE�_ oa>i oo ,� q L . o - $ `'a:= °' oa E d
(� fO `� 3� p3 >3 � " dy � d000c � > s= da`3cca� AEEE� o
v/ mTSy�o43�ii,odd•- ��3�Yyrc �QE= cmivcy >�� � as 3'eo�c aEgL
cas v a�a.4c. -Fs,el a' $ doES3odmd o d d�•- a,M-0 v7 03v $
a� TQ c3 d �d dorm 7SF w� E �� E� c o o
wo. 8.c :n "ciQ'S8i3 'yn m .,o'".• .dnvNOSG.mo E��
orr;:e.d CITY OEP 2
F 7 19$? ? o
tl;. TiGARD ITY OF TIGAR o N 3
.h••t
County i
WASHINGTON o w w rWii
EI•cFon � Sy" r
rr, a
SEPTEMBER 21, 1982 _ v w r-' a
U
yE H
P•S• 1 of 1 P�S�• H ►" U a U ~ wyl' -N-1
v 3 7p D
9.1101 Number I I n m
N'm'�' �` YES NO YES NO YES I NO
No.of Precinct -4 O
T
30 12 114 21 105 19 107 O 0
31 20 84 30 77 22 80 ^ M
32 34 187 34 184 33 185 O z
33 10 65 10 62 9 63 H
34 13 85 14 84 18 80
35 8 70 11 66 16 62
40 1 84 13 83 17 80 `^
_9
41,180 51 214 62 199 50 206
46 10 74 13 71 14 x'69 j
a' —
vvz
.o .o
r 3
- _ 3
3
V P 11
C
d
N
Q
w �
b
3
F COM ff/S o e
9
9 0'
COU t -
TOTAL 171 977 208 931 198 932
1 certify that the votes recorded on this abstract Cor- Sig ture of County Clerk: Dnta of Abstract
racily summarize the telly of votes cast at the election /J//�/ /j� 'v -^
indicated (/l(l LL l/
ABSTRACT OF VOTES AT GENERAL AND I ABSTRACT OF VOTES AT PRIMARY ELECTIONS:
SPECIAL ELECTIONS: I Separate sheets for Democratic, Republican, Nonpartison, and other
candidates.
Voles cost for Governor must be on separate Separate sheets for candidates for City, County (including precinct)
page or pages. land State office.
For additional instructions sea ORS 250.810. For additional instructions, see ORS 249.410.
CITYOFTWARD
WASHINGTON COUNTY,OREGON
October 7 , 1982
MAYOR AND CITY COUNCIL
CITY OF TIGARD, OREGON
SUBJECT: VISA CARDS 1
i
Honorable Persons : t
Last month I explained the need for and requested a resolution
authorizing the use of VISA cards by Department Heads and myself.
Questions were raised as to: 1. ) the number of accounts and cards;
2. ) the annual fee; and 3 . ) the credit limit to be established.
The proposal is for authorization of VISA cards for City expenses
t. by Department Heads and the City Administrator. At present, I ,
Doris Hartig, Frank Currie and Bill Monahan are the only ones who
felt we would make enough use of the card to warrant issuance.
The proposal is for one account with four separate cards, each
with the City of Tigard and then the individual ' s name.
We checked with the following banks regarding their policies and
annual fees on VISA cards:
BANK ANNUAL FEE
{
i
U.S. National Bank of Oregon $15. 00 per card annually
The Oregon Bank $12 . 00 per card annually
First Interstate Bank $15. 00 per account annually
Pacific Western Bank $15 . 00 per account annually
a
(formerly First State Bank)
Since we are a major customer of U.S. National Bank, they are
considering waiving the $15. 00 per card annual VISA fee. All of
the above ranks will allow the City to set a reasonable credit
limit, so long as it does not exceed the bank limit determined by
our application and financial statement.
Based on this, I am recommending that we get our cards from U.S. j
Bank, if they waive the annual fee for us as a major customer.
. . . Continued
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
i
4
MAYOR AND CITY COUNCIL
OCTOBER 7, 1982
PAGE TWO
Should they waive the annual fee, U.S. National would not only be
the least in cost, but also the most convenient as we have our operating,
bank account there as well . If they remain with the per card fee,
then we will establish our account with either Pacific Western Bank
or First Interstate Bank.
Finally, as to credit limit, I would want to set the total account
at $1,000. I do not expect that we would routinely be anywhere
near the limit. On occasion, however, we might be, and I don' t
want to get an overlimit charge from too low a limit.
I recommend passage of the attached Resolution authorizing the use
of a City VISA card.
s
Yours truly, i
CITY OF TIGARD
R Bert �ean,
City A . i .istrator
RWJ dkr
F
F
F
F
t
1
3
STREET DEDICATION Job Name: 92nd Avenue
Improvement (Bouman)
KNOW ALL MEN BY THESE PRESENTS, that Elizabeth Weed
$ grant and
hereinafter called g
rar.tor(s), for the sum of 0 dollars
dedicate to the Public a perpetual right-of-way for street, road and utility
purposes on, over, across, under, along and within the following described .real
property in Washington County, Oregon:
See Attached Exhibit "A"
To have and to hold the above-described and dedicated rights unto the Public
for the uses and-purposes hereinabove stated.
The grantor(s) hereby covenants that he (she) (they) is (are) the owner(s) in
fee simple and have good and legal right to grant his (her) (their) rights
above-described.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their)
hand(s) and seal(s) this
_ day Of 2t
(SEAL) (SEAL)
` (SEAL) (SEAL)
)
STATE OF OREGON ) ss.
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this.' day of
before me the undersigned Notary Public in and for the State of Oregon personally
-- - appeared the within-named `w.
who is (are) known to me to be the identical individual(s) described in and who
executed the within instrument and acknowledged to me that he (she) (they) executed
the same freely and voluntarily. ��il,
,�
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal thisVday of
Notary Public for Oregon
My Commission expires: 1,[-/� �/
ADDroved as to form thisday of -' -- , 19 -
By_
City t orn City of Tigard
Approved as to legal description this da of 19Z.
Approved this day of 19
CITY COUNCIL, CITY OF TIGARD, OREGON
By.
EXHIBIT -A-
A portion of that tract of land conveyed to Elizabeth L. Weed by document No.
78-050099, Washington County deed records, located in the Northeast quarter of
section 14, Township 2 South, Range 1 West, Willamete Meridian, City of
Tigard, Washington County, Oregon, being more particularly described as
follows:
Beginning at the intersection of the centerline of S.W. 92nd Avenue (County
Road No. 2076) with a easterly prolongation of the north line of said Weed
tract; thence on said prolongated line and said north line South 89051'40"
West 30.01 feet; thence on a line parallel with and 30.00 feet from (when
measured at right angles from said centerline) said centerline South
00006'18" East 71.86 feet to the South line of said Weed tract; thence on
said South line and an easterly prolongation thereof North 89051140" East
30.01 feet to said centerline; thence on said centerline North 00006'18"
West 71.86 feet to the point of beginning.
E
Y
3
f
i
i
I
C
4
e
�E[f
f
I
i
I
c
REF. NO.
STATE OF OREGON )
COUNTY OF )
On this day of , 19 , before me appeared
and
both to me personally known who, being duly sworn, did say that he, the said
is the Mayor, and he, the said
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said and
acknowledged the said instrument to be free
act and deed of said municipal corporatio,i.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
this the day and year in this my certificate first written.
Notary Public for Oregon
My commission expires:
C
f
t
t
s
i
I
NW 1/4 NE 1/4 SECTION 14 T2S R I W W.M.
WASHINGTON COUNTY OREGON
013 L SCALE I°= 1001
W a SEE MAP
n C3 2S 1 I I DC
d '
T DURHAM C.R. NO. 429 4d WIDE T a-- -- r ROA® a
216.13 0
103 + 78-19112. ✓ xn�.
.#�2 165 65 d9.99
!12..42 �O
1500 11400 500 400 300 a 100 so
.46 Ac ..k5 rc. .2/Ac m ./B Ac. +
a' 132 Y133 _ Y W
z - Its
o -
N o _
200 .
.9,-1
9•-1
p� 63 IIS �����.•� tAra.•+„
la N !12.42 N
103 300.04 <5 25
11300 WIg4 174.79 1p 6.55 CH. 230 ISO O `
TJX !O
900
•�B{. 123 ?0 131.62 +
11200 135 A 4/A_ o Z�Ac o
6` T.,c _C�. ^� 142.97
39.93 -�.Sp P 11100
136
12100 w 0 V _ 142.77
126} + r�m "()C)01371100
F{= 14270 29 A w 25(25
i — —!
so `y I 10900138 WEST 433
32 142bP -90 �. 140 '1
:ET„ TRACT'E- SO 43,34 43.84 40
W 10800 10700 10600 K 500 Iota 104300 102D 10100 !p 23
97� -
400 Ld _ 76 77= 78= 79 Q 80'V 81 « 82 83 s
3 $ Q o 1� J% T
IOL 66
4 Q•� 40 4S N 43a' 43 45 45 45 40 b
- .� -
500 S.W. MARTHA STREET
10766 �O
q SS 45 4y 43 45 43 45 42.6{
300 =o - p 9.`
11l 9307 9400 9500 9600-9700 9800 9900 10000
ICS.54
^ W
700 = 91 90 89 ES 87 86* 85 84 e 2
110. ' - - - _- - - - = 3 SEE MAP
0.30 '10 W. q \�N :J_N �N 2S I 14 A
7� y SS 43 43 45 E445 45 43 52.67 30 125
CE ' 9200 112.67 74.97 12 70
V 92 1200 1202 1201 10
Sas e o' 32 Ac 10 .3B Ac. 2/Ac. �o ®�
11 .E2 rN
15100
9100 0 p m CJ z
0 96 o x ti- _ 93to - -
- L 10945 .; u
70
st.st „EOOO eo
6934 j0 m90 90 e3 30 23
6000 2300 2400 2500
m10 R 11 m 12
47 8176 'o SO 90 TS O
y
LLENa ®RIVE
1� /sem
9821 a q 70 8950 67 7430 `O
.400 a-
102900 2800 2700 2600
n
31 16 IS At 14 a 13
At
y a EAST I
_ 7sf9 ]I ^ Sd.IJ 87 •4.30 !V 23
4300 111]9 IJW COR SHAVER CA
214 23
3000 -]/193
30 17 1300
2.06 aC-
STREET DEDICATION Job Name: 92nd Avenue
Improvement (Bouman)
r hat Rod E. Woita and Janice H. Woita,
KNOW ALL MEN BY THESE PRESENTS, t
husband and wife
hereinafter called grantor(s),
for the surn of $ 0 Dollars grunt and
dedicate to the Public a perpetual right-of-way for street, road and utility
purposes on, over, across, under, along and within the following described real
property in Washington County, Oregon:
See Attached Exhibit "A"
To have and to hold the above-described and dedicated rights unto the Public
for ttie uses and-purposes hereinabove stated.
The grantor(s) hereby covenants that he (she) (they) is (are) the owner(s) in
fee simple and have good and legal right to grant his (her) (their) rights
above-described.
IN WITNESS WIiEREOF, the grantor(s) has (have) hereunto set his (her) (their)
,
hand(s) and sealday this Y of 19
(SEAL) (SEAL)
( f"
(SEAL)
(SEAL)
i -
STATE OF OREGON ) ss.
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this�D day of ��s^�
r
before me the undersigned Notary Public in and for the State of Oregon personally
appeared the within-named Rod F. Woita and Janice H. Woita
who is (are) known to me to be the identical individual(s) described in and who
executed the within instrument and acknowledged to me that he (she) (they) executed
the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this,;�2zq_ day of
1
I -
I
f
Notary Public for Oregon
My Commission expires:
Approved as to form this day of 19
( l
By:
City A o - it of Tigard
��`- I9�2-
Approved as to legal description this J _ day of
Approved this day of 19_x_.
CITY COUNCIL, CITY OF TIGhRD, OREMN
By:
EXHIBIT "A"
A portion of that tract of land conveyed to Rod F. Woita and Janice H. Woita,
Husband and Wife, by document No. 81-021480, Washington County deed records,
being located in the Northeast quarter of Section 14, Township 2 South, Range
1 West, Willamete Meridian, City of Tigard, Washington County, Oregon, being
more particularly described as follows:
Beginning at the intersection of the centerline of S.W. 92nd Avenue (County
f Road No. 2076) with a easterly prolongation of the most southerly North line
of said Woita tract; thence on said prolongated line South 89051'40" West
30.01 feet; thence on a line parallel with and 30.00 feet from (when measured
at right angles from said centerline) said centerline South 00006'18" East
20.00 feet to the South line of said Woita tract; thence on said South line
and an easterly prolongation thereof North 89051'40" East 30.01 feet to said
centerline; thence on said centerline North 00006'18" West 20.00 feet to the
point of beginning.
i
l
REF. NO.
STATE OF OREGON )
COUNTY OF )
On this day of 19 , before me appeared
and
i
j both to me personally known who, being duly sworn, did say that he, the said
is the Mayor, and he, the said
i+ is the Recorder of the CITY OF TIGARD, a municipal
f
corporation, and the said and
iacknowledged the said instrument to be free
act and deed of said municipal corporation.
i
E
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
this the day and year in this my certificate first written.
Notary Public for Oregon
f My commission expires:
� I
j
I
(i
l
NW e/4 NE 1/4 SECTION 14 T2 R I w W.M.
/ Y
8WASHINGTON COUNTY OREGON
couj SCALE I"= 100'
3 W SEE MAP
_j C3 2S I IIec
a -
DURHAM ROAD
r C.R. N0. 429 40�WIDE m $
xl6.ls � a�
103 73-19112. J ?«
ya42' IB] 63 d9.99 S`B a7
112.42 ,�O m s
1500 11400 500 400 :500 m 100 P 50
F6 Ac .U mac. .2/Ac ./8 Ac.
. 132 133m _ _ (a j
c IIs �
OP
201] �' - 0 200 - Z
.1 $ _ .N.'.c _a LLJ t
- ?IZO 67 115 �• ^ I
103 100.01
23
f 1300 w,Y 174.79 1-,s 6 55 CH. 230 t40
N ^ 30
s� 23 8 I]I.ez 900 1000 !
11200 135 R 4/AC
�. TFAC f-C• 142.97 u�
39.95 ,.~ 11100 136
12100 ' _ 1.z.7T -
�
126 : r�m 11000137 I t00~ o/� " 14270 O .29 X. u 25123
1
w r 10900138 a WEST 433 140
°'�' .�2 142.68 _ 90 __ -1
SETTRACT' 50 4].34 43.84 40 45 45 45 50
ii Uj 10860 10700 106 1� 10 10300 10200 10100 !O f 23
97.E i
400 J _ 76 �- 77Z 78= 79 R 800 81 2 82 83 3
3 g a � lJ ,-\ T 9
47.24 45 41 43 43 40 b
500 S.W. (MARTHA STREET 9,J
10766 10
9 55 45 45 45 45 43 4 45 42.66 I
700
11 I 4930-) 9400 9500 9600-9700 9800 99900 10000 I
W
700 ^n 91 ° 90 89 Z 8B 87 a 86: 85 84 -B 3
110 a e - - - - - SEE MAP
+,AI p I�JN �`1_N ^J~ �n 2S 1 14 A I
.10 O J :J I
EAST
JO 123
33 43 43 45 43 45 43 52.67
9260 112.67 74.97 12070
• i4 92 1206 0 1202 1201 10
3i5e vo' �� i2AG�10 38Ac. 2/Ac. N �7
p ..Z.62 A G
i 15100 9100 - O m N i
e 96 o s �- _ 93 n 0 -
i-a) U
70
54.54 4 9000 z leo
6474 ]O a• 94 0
90 90 e3 30 , 23
6000 oo ss 2300 2400 2500
C 47 P J 8900 5 R m 10 11 12 c 1
! N
as.76 0 ? 7139 90 90 75 10 i
LL EN DRIVE
96.21 ' s 70 6960 e7 74,50 p �
4400 4 0 -900 2800 2700 2600
f
31 16 2 15 14 � 13
i.� a• c
T9.99 51 34.1EAST
7 67 64.30 30 123
4300 - N 300039 COR s..A�ER CAS4T z3
'MIS,
17
1300
STREET DEDICATION Job Name: 92nd Avenue
Bouman Improvement
KNO:'1 ALL MEN BY THESE PRESENTS, that Rod F. Woita and Janice H. Woita,
husband and wife
for the sum of $ 0 dollars grant and
hereinafter called grantor(s),
dedicate to the Public a perpetual right-of-way for street, road and utility
purposes on, over, across, under, along and within the following described real
property in Washington County, Oregon:
see attached Exhibit "A"
To have and to hold the above-described and dedicated rights unto the Public
for the uses and purposes hereinabove stated.
The grantor(s) hereby covenants that he (she) (they) is (are) the owner(s) in
fee simple and have good and legal right to grant his (her) (their) rights
above-described.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their)
hand(s) and seal(s) this day of 19
• (SEAL) (SEAL)
(SEAL) / (SEAL)
STATE OF OREGON )
ss.
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this,;2a day of
before me the undersigned Notary Public in and four the State of Oregon personally
appeared the within-named <TG n,eB H �o i�w 2A �d f Ls�oi
i
who is (are) known to me to be the identical individual(s) described in and who
executed the within instrument and acknowledged to me that he (she) (they) executed {
the same freely and voluntarily. .�1/� t
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this���=day of
,ri: .� 19�•
Notary Public for Oregon
��- My Com ss o expires: �/—/c,/- �/
Approved as to form this day of , 19L .
City,,0XVorn y City of Tigard
Approved as to legal description this daV of-
Approved
fApproved this day oi' 19_
CITY COUNCIL, CITY OF TIGARD, OREGON
By:
INS
EXHIBIT "A"
A portion of that tract of land conveyed to Rod F. Woita and Janice H. Woita,
husband and wife by document No. 81-021479, located in the Northeast quarter
of section 14, Township 2 South, Range 1 West, Willamete Meridian, City of
Tigard, Washington County, Oregon, being more particularly described as
follows:
Beginning at the intersection of the centerline of 92nd Avenue (County Road
No. 2076) with a easterly prolongation of the south line of said Woita tract;
thence on said prolongated line and said south line South 89051'40" West
30.01 feet; thence on a line parallel with and 30.00 feet from (when measured
at right angles from said centerline) said centerline North 00006'18" West
46.83 feet; thence along the are of a 25.00 foot radius curve to the left,
having a central angle of 90002120", the chord of which bears North
45007'19" West 35.37 feet, 39.28 feet to a point tangent with and on the
South line of S.W. Durham Road, (County Road No. 429) said south line being
45.00 feet from the centerline; thence on an easterly prolongation of said
south line North 89051'40" East 55.01 feet to the centerline of S.W. 92nd
Avenue; thence on said centerline South 00006'18" East 71.84 feet to the
point of beginning.
REF. NO.
STATE OF OREGON )
COUNTY OF )
On this day of 19 , before me appeared
and
both to me personally known who, being duly sworn, did say that he, the said
is the Mayor, and he, the said
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said and
acknowledged the said instrument to be free
act and deed of said municipal corporation.
t
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
this the day and year in this my certificate first written.
Notary Public for Oregon
i
My commission expires:
i
r
f
{ j
I
i
i
j
RMI 1/4 NE 1/4 SECTION 14 T2S R 1 W W.M.
Y WASHINGTON COUNTY OREGON
M�
SCALE I"=.100'
3.W SEE MAP
2S 1 IIDO
B .
DURHAM fir-- ROAD
•T C.R. NO. 429 40•WIDE. w
A
2161] o V w
103 v 76.19112.
•
185 65 89.99
i 3642 312:42 1
11400 400 300 n 00 e
i 1500 500
46 Ac .S5 Ac. 2/Ac - ./B Ac.
�4\I32 �133 _ 115
Z
200 Ac m W
q 63 115
5tj.42 w
"o
103 300'04 -a9 � 25
O O
s 1130 WET_ 774.79 „ 6-55 CN. 23 140 50
f.,
Q3 9 151.62 900 1000
q R D
11200 135 R 4/Ac g .25 Ac
o TGAC r"C
31.9s � Vo I1100 O
142.73
�_. _ o o
1100
e1 12100 11040137
14210 .29 AC O 23,23
so rs� 10900138 r WEST 433 1409' � J32 r 1{2bP 90 -i
E ET TRACT•E- 50 {194 4164 40 45 45 45 50 30 25
W loam 10700 10600 1-500 10400103W 102DO 10100
Z _
P` ^ O
3400 W 76 = 77= 7r`8= 79 R 80' 81 2 82 2 83 2
rl3 S / J �✓ JJ f� � �, � 9Tl
Q `O
40
4104 fl.d4 45 43 13 45 40
x746 O� `y.
35°2 S.W. MARTHA STREET
�J
7766
4 35 45 43 45 45 43 43 42.64
3500 of `o
III „-300 9400 9500 960 •9700 9800 9900 10000
11,1.0
J:,o;-,
e91 90 2 89 88'- 87 d 86 85 . 84 a3 SEE MAP
� � 2S I 14A
(� EAST 30 25
yy 4y 45 43 45 43 45 32.67
LACE T 9200 112-67 74.97 12 70
VV 11._ i 92 1200 1201 � AN
3 : 3a 59.o ' =,2Ac 10 .38A.39Ac. 2/Ac. �co �s
P ti .F2
)O 15100 'C3 v 9100 m Z
93
Er
to -
pn 1094-S V
c i 70
w 3454 9000 _ leo
°1 �o
6%!4 yo a 94 m
90 •y0 65 30 (23
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» 95
V 9 w
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0575 O .� P 71 59 90 90 75 0
li LLEW DRIVE
962. �. .� y 70 ®30 07 7450 `O
4400 ?900 2800 2700 2600
31 16 1514 . 13
4 ® FAST
.L 33 1J •7 • .30 30 1 21
_ 7999 3 j64 j3
4300 11139 ,M 4)%,,I�AVER FAST
ti 3000 1300
17 2.06 Ac
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October 7, 1982
MEMORANDUM
TO: Mayor and City Council
FROM: Building Department/ .
SUBJECT: Refund to James A. Hodgson
Appropriate fees collected for building permit issued to subject builder needs
to be refunded. Builder has abandoned the project and sold his interest in
the property.
STAFF RECOMMENDATION: Council approve the refund in the amount of $807.00.
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October 7, 1982
MEMORANDUM
TO: Mayor and City Council
FROM W. A. Monahan, Director of Planning & Development(, ,}
SUBJECT: Annexation Zone Changes
Several proposed annexations, including 74th and Durham, North Dakota, and
Bechtold, will require action to change their individual zoning designations
prior to completion of the annexation process. Some of these annexations were
scheduled for action by the City Council in October. Due to the fact that the
Comprehensive Plan has not yet been completed, it is not proper at this time
f to address the zoning of these areas. Therefore, staff recommends that
1 Council not hold the hearings on October 25, 1982 on the three above named
annexations, but hear them on January 24, 1983• In order that adequate notice
is provided to interested parties, staff also recommends that the attached
letter be approved by Council for circulation to affected property owners.
STAFF RECOMMENDATION: City Council approve the hearing for 74th and Durham,
North Dakota, and Bechtold zone changes to be held on January 24, 1983.
Council also should direct staff to send copies of the attached letter to all
parties requiring such notice by law.
WAM:lw
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October 7, 1982
MEMORANDUM
TO: Affected Property Owners
FROM W. A. Monahan, Director of Planning & Development
SUBJECT: Annexation - Zone Change
Required action by the Tigard City Council to revise the zoning designation
for the Annexation has been postponed from October 25,
1982 to January 24, 1983. This action is required since the City's revised
comprehensive plan is not yet completed. The issue of which zoning is proper
for the above named area has not adequately been addressed or resolved.
Therefore, at this time the City cannot hold an adequate public hearing to
determine the appropriate zone for this area. Please be advised that the
Tigard City Council will hear this issue at a public hearing on Monday,
January 24, 1983 at 7:30 P.M. at Fowler Junior High School, 10865 SW Walnut
Street, Tigard, Oregon. Please note that this is the only written notice that
you will receive for this hearing. There will, however, be a public notice
publicized in the Tigard Times at least ten days prior to the January 24th
hearing.
WAM:lw
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( October 11, 1982
MEMORANDUM
TO: Mayor and Council
FROM: Doris Hartig, Finance Director
SUBJECT: 72nd Avenue Bills Payable
Staff is requesting approval of payment for two bills on 72nd Avenue LID which
were not received in time to be placed on the agenda.
1. Paul J. Rask, $13,950 for payment of condition is settlement
2. Columbia Excavating Inc. , $155,030.07 for work completed during September
RECOMMENDED ACTION:
` Motion by Council to approve payments as requested on 72nd Avenue LID.
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October 11, 1982
MEMORANDUM
TO: Mayor and Council
FROM: Doris Hartig, Finance Director 4
SUBJECT: Keys to be presented to Civic Center Executive Committee
Staff has prepared keys for presentation to the following members of the Civic
Center Executive Committee.
Floyd Bergmann Daniel Larsen
Elton Phillips Alan Mickelson
Wilbur Bishop Dr. Chuck Samuel
Gary L. Fox, Sr. Dr. Steven Alexander
C. Vern Christensen Cliff Speaker
�- Betsy Chick Gerry Duffy
Tom Taylor Madalyn Utz
Basil Dmytryshyn Mary Payne
Gerry Edwards Phil Hirl
J. Allan Paterson Robert Gray
Yvonne Burgess Steve Slaybaugh
David Hughes Mary Ann McGinley
Sharon Takahashi Joan Barker
Allan Popp Frank Tepedino
Carol Weaver Walt Munhall
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October 1, 1982
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MEMORANDUM
TO: Mayor and City Council
FROM: William A. Monahan
Director of Planning & Development
SUBJECT: Update on TURA Advisory Committee
On September 22, 1982 the TURA Advisory Committee met to discuss the proposed
Central Business District Zone and the relationship that it will have to the
draft Tigard Community Development Code. Discussion centered on the various
uses which are allowed as permitted and conditional uses within the use
designations proposed for the zone.
Among the modifications suggested by the committee were:
1. Add "Minor Impact Utilities" to conditional uses.
2. Eliminate "Agricultural Sales", "Construction sales and services", and
"Animal sales and services - veterinary - large animals" from
permitted uses.
3. Add Group Residential Sections 1 & 2 (day care and group homes) to
list of conditional uses.
4. Ask Jeremy Coursolle to draft a section allowing mixed commercial/
residential uses through either the conditional use process or the
planned development process.
5. Add "Spectator Sports & Entertainment - Other" to list of conditional
uses.
b. Check to ascertain whether trade and professional schools are
permitted under an existing commercial use type, or whether a separate
section should be added.
7. Designate the area south of Fanno Creek (under discussion at last
meeting) as a separate zone to allow: all civic use types;
residential uses including single-family, duplex, and medium density
(multiple-family) uses.
The Committee will meet again on Wednesday, October 13, 1982 at 7:30 p.m. at
City Hall.
Attached is a revised draft of the proposed Central Business District Zone
which includes the new Special District (TURA) Residential District.
(File 0400A)
WAM:pm
Page II-50
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(4) On-site landscaping shall be established to provide a visual
break along the face of buildings. In large parking lots,
landscaped areas shall be landscaped to control traffic,
facilitate pedestrian movement, screen headlights, and lessen
the visual impacts of parking lots in accordance with Section
18.44.0.
(5) Artificial lighting shall be so arranged and constructed as to
not produce direct glare on adjacent residential properties or
streets.
(6) Service corridors/areas will be sited and screened to reduce the
adverse effects of noise. odors, and visual clutter from any
adjacent residential properties.
18.30.100 Additional Requirements
Additional requirements applicable to the C-P district include,
but not limited to the following:
(1) Off-street parking and loading requirements, see Section
18.42.030 and 18.42.040. r
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(2) Access and egress, see Section 18.42.060. i
(3) Signs, see Section 18.55.0. i
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18.32.0 CENTRAL BUSINESS DISTRICT (CBD)
18.32.010 Purpose
The purpose of the district is to provide commerical office and
retail as well as civic, residential, and mixed uses; and to
provide all basic services required by the community.
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18.32.020 Permitted Uses
i
(1) Residential Use Types (min. 15 units per acre) 1
(A) Attached
(B) Multiple dwelling
(2) Civic Use Types
(A) Clinic services
tf (B) Community Recreation
(C) Cultural exhibits and library services
(D) Lodges, fraternal and civic assembly
(E) Parking services
(F) Postal services
(G) Public agency administrative services
(H) public safety services
(I) public Support Facilities
Page 11-51
(3) Commerical Use Types
(A) Amusement Enterprises
(B) Animal sales and services
I. Grooming
2. Veterinary (small animals)
(C) Automotive and Equipment
1. Cleaning
2. &epairing: light equipment
(D) Building maintenance services
(E) Business equipment sales and services
(F) Business support services
(G) Communication services
(H) Convenience sales and personal services
(I) Eating and drinking establishments
(J) Financial, insurances, and real ectare services
(K) Food and beverage sales
(L) Medical and dental services
(M) Participation sports and recreation
1. indoor and outdoor-
(N) Personal services: general
(0) Professional and Administrative services
(P) Repair services: consumer
(Q) Retail sales: general
(R) Spectator sports and entertainment: limited
l (S) Transient habitation
18.32.030 Conditional Development (see Sections 18.04.0 and 18.11.0).
(1) Major impact services and utilities
(2) Minor impact utilities
(3) Heliports
(4) Hospitals
(5) Spectator sport and entertainment: Other
(6) Group residential: Care
(7) Group residnetial: Children's Day Care Center
(8) Vehicle Fuel Sales
18.32.040 Lot Area Requirements
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There are no lot area requirements.
18.32.050 Lot Width
There are no lot width requirements.
18.32.060 Setback Requirements
There are no setback requirements.
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Page II-52
18.32.070 Building Height {
(1) Except as otherwise provided in Section 18.40.060 no building
shall exceed sixty-five (65) feet in height.
(2) The maximum height of any building within 150 feet of any
residential district shall not exceed forty (40) feet.
18.32.080 Landscaping and Screening
Landscaping and screening shall be required, in accordance with
Section 18.44.0.
18.32.090 Additional Requirements
(1) Off-street parking and loading, see Section 18.42.030 and
18.42.040.
(2)_ Access and egress, see Section 18.42.060.
(3) Signs, see Section 18-55-0-
18.33.0 SPECIAL DISTRICT (T.U.R.A.) RESIDENTIAL DISTRICT
18.33.010 Purpose
(1) Residential Use Types
(A) Single detached
(B) Single attached
(C) Single detached: zero lot line (see Section 18.22.072)
(D) Manufactured/Mobile Home (see Section 18.25.0)
(E) Duplex
(F) Multiple dwelling
(G) Group residential
(H) Group residential: Care
(I) Group residoetial: Children's Day Care
(2) Civil Use Types
(A) Civic services
(B) Community recreation
(C) Cultural exhibits and library services
(D) Lodge, fraternal and civic assembly
(E) Parking service
(F) Postal services
(G) Public agency administrative services
(H) Public safety services
(I) Public support facilities
18.33.02 0 Conditional Development (see Sections 18.04.0 & .18. 11 .0)
(1) Major impact services and utilitiesle
(2) Minor impact utilities
(3) Hospital
(4) Spectators Sport and entertainment: Other
Page II-53
t 18.33.030 Other Requirements
All other requirements regarding lot requirements, setbacks,
density, structure and Site Developement, landscaping, parking
and signs shall comply with all of the requirements of the
Medium Density Residential (R-12) District. (Section 18.22.0)
18.34.0 INDUSTRIAL PARK DISTRICT (I-P)
18.34.010 Purpose
The purpose of. the district is to provide areas for combining
light manufacturing, office and compatible related commerical
uses in an employment activity center concept.
18.34.020 Permitted Uses
(1) Civic Use Types
(A) Public support facilities
(B) Parking services
(C) Postal services
(D) Public safety services
(2) Commerical Use Types
( (A) Agricultural sales
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(B) Agricultural services
(C) Animal sales and service
1. auctioning
2. kennels
3. veterinary: small & large animals
(D) Automobile and equipment
1. cleaning
2. fleet storage
3. repairs: heavy and light
do-. sales and rental: heavy equipment, farm equipment,
light equipment
(E) Building maintenance services
(F) Business equipment sales and services
(G) Business support services
(H) Communication services
(I) Construction sales and services
(J) Convenience sales and personal service (not to exceed 10%
of the total square footage within the office complex)
(K) Laundry services
(L) Research services
(M) Fuel sales
(N) Wholesale, storage on distribution
1. mini-warehouse
=�._ 2. light
CITY OF TIGARD, OREGON
ORDINANCE NO. 82-
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AN ORDINANCE REPEALING TITLE 16, SIGN REGULATIONS OF THE TIGARD MUNICIPAL
CODE, ADOPTING THE 1982 SIGN CODE, PRESCRIBING REGULATIONS AND STANDARDS,
PROVIDING FOR ADMINIST&ATION AND ENFORCEMENT, AND DECLARING AN EMERGENCY.
The City of Tigard ordains as follows:
SECTION 1. The City Council finds that after a number of meetings involving
representatives of the business community of Tigard and the sign industry, the
Sign Code Committee recommended to the Planning Commission of the City of
Tigard changes in Title 16, Sign Regulations of the Municipal Code of the City
of Tigard, and that after considering the recommendations of that committee
and deliberating upon those recommendations, the Planning Commission has
forwarded those recommendations to the City Council.
SECTION 2. The City Council finds that after proper legal notice a public
hearing was held by the Planning Commission on September 21, 1982, and at that
meeting all interested parties were afforded the opportunity to be heard and
to present and rebut evidence with respect to the proposed changes to Title 16.
SECTION 3. Having considered the recommendations of the Sign Code Committee
and the Planning Commission and having entertained testimony with regard to
those recommendations,the City Council has found that changes should be made
to Title 16, Sign Regulations, of the Municipal Code of the City of Tigard.
SECTION 4. Therefore, Title 16, Sign Kegulations, Municipal Code of the City
of Tigard, shall be adopted as in Appendix A.
SECTION 5. Repeal. Title 16, Sign Regulations of the Tigard Municipal Code
and Sections 18.40.070 and 18.36.050(5) of Title 18, Zoning Code are repealed.
SECTION 6. Severability. The sections of this ordinance are severable. The
invalidity of a section shall not affect the validity of the remaining
sections.
SECTION 7. Inasmuch as this ordinance is necessary to protect the general
welfare of the people of the City of Tigard, this ordinance as exhibited in
Appendix A must be made without delay; therefore an emergency is hereby
declared to exist, and this ordinance shall become effective immediately upon
passage and approval by the City Council.
PASSED: By the City Council by vote of all Council members
present after being read two times by number and title only, this
day of , 1982.
City Recorder - City of Tigard
Signed: By the Mayor, this , day of , 1982.
Mayor - City of Tigard
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(file 0406A)
Appendix A
Title 16
SIGN REGULATIONS
Chapters:
16.04 Purpose, Title
16.08 Definitions
16.12 Permits
16.24 Nonconforming Signs
16.28 Removal Provisions
16.34 Appeals to the Planning Commission
16.36 Zone Regulations
16.40 Special Types of Signs
16.46 Temporary Signs
16.48 Administration
Chapter 16.04
PURPOSE, TITLE
Sections:
16.04.010 PURPOSE AND SCOPE.
16.04.020 SHORT TITLE.
16.04.010 PURPOSE AND SCOPE. The City Council finds that to protect
the health, safety, property and welfare of the public, to improve the
neat, clean, orderly and attractive appearance of the community, to
improve the effectiveness of signs in identifying and advertising
businesses, to provide for safe construction, location, erection, and
maintenance of signs, and to prevent proliferation of signs and sign
clutter, and to minimize adverse visual safety factors to public highway
travelers, it is necessary to regulate the design, quality of materials,
construction, location, electrification, illumination and maintenance of
all signs visible from public property or from public rights-of-way.
This title shall not be construed to permit the erection or
maintenance of any sign at any place or in any manner unlawful under any
other ordinance or state or federal law.
16.04.020 SHORT TITLE. The ordinance codified in this title shall be
known as the "Sign Ordinance" of the City of Tigard and may be so cited
to herein as "this title.'
and pleaded and shall be referred
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Chapter 16.08
DEFINITIONS
Sections:
16.08.010 Generally
16.08.020 Area
16.08.030 "A"Board
16.08.040 Bench Sign
16.08.050 Billboard
16.08.060 Business
16.08.070 Business of outdoor advertising
16.08.080 Construct
16.08.090 Cutout
16.08.100 Display surface
16.08.110 Electrical sign
16.08.120 Externally illuminated sign
16.08.130 Face of a building
16.08.140 Free-standing sign
16.08.150 Freeway-oriented sign
16.08.160 Flashing sign
16.08.170 Frontage
16.08.180 Ideological sign
16.08.190 Incidental sign
16.08.200 Incombustible material
16.08.210 Industrial park
16.08.220 Internally illuminated sign
16.08.230 Maintain
16.08.240 Nameplate
16.08.250 Nonstructural trim
16.08.260 Off-premises sign
16.08.270 Outdoor advertising or billboard sign
16.08.280 Person
16.08.290 Plastic material
16.08.300 Premises
16.08.310 Projecting sign
16.08.320 Projection
16.08.330 Reader board sign
16.08.340 Roof sign
16.08.350 Rotating or revolving sign
16.08.360 Sign
16.08.370 Sign structure
16.08.380 Temporary sign
16.08.390 Uniform Building Code
16.08.400 Wall sign
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16.08.010 Generally. For the purpose of this title, words used in.
the present tense include the future, the singular number includes the
plural, "shall" is mandatory and not directory and "building" includes
"structures" except "sign structures."
As used in this title, unless the context requires otherwise, the
following words and phrases shall have the meanings set forth in this
chapter.
16.08.020 Area. "Area" or "area of a sign" means the entire area
within any type of perimeter which encloses the outer limits of any
writing, representation, emblem, figure or character. The area of a sign
having no such perimeter or border shall be computed by enclosing the
entire surface area within a parallelogram or triangle, then computing
the area thereof. The area of all signs in existence at the date of
adoption of this title, whether conforming or nonconforming, shall be
counted in establishing the permitted sign area of all new signs to be
allowed for an individual business on a premises. Where a sign is of a
three-dimensional or round or irregular solid shape, the largest
cross-section shall be used in a flat projection for the purpose of
determining sign area.
16.08.030 "A" Board. "A Board" refers to any double faced temporary
sign which does not exceed twenty square feet per side.
16.08.040 Bench sign. "Bench sign" includes a bench designed to seat
people which carries a written or graphic message.
16.08.050 Billboard. For "billboard" see "outdoor advertising sign,".
16.08.060 Business. "Business" includes all of the activities
carried on by the same legal entity on the same premises and includes
eleemosynary, fraternal, religious, educational or social organizations.
"Legal entity" includes, but is not limited to, individual
proprietorships, partnerships, corporations, non-profit corporations,
associations, or joint stock companies.
16.08.070 Business of outdoor advertising. "Business of outdoor
advertising: includes the business of constructing, erecting, operating,
using, maintaining, or leasing outdoor advertising signs.
16.08.080 Construct. "Construct" includes every type of display in
the form of letters, figures, characters, representations.
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16.08.090 Cutout. "Cutout" includes every type of display in the
form of letters, figures, characters, representations or others in cutout
or irregular form attached to or superimposed upon a sign or advertising
sign.
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16.08.100 Display surface. "Display surface" includes the area made
available by the sign structure for the purpose of displaying the
advertising or identification message.
16.08.105 Electronic Information Sign. "Electronic Information Sign"
includes any sign intended primarily to provide information of general
interest to the community, such as time and temperature, date,
atmospheric conditions, and news of interest to the traveling public.
16.08.110 Electrical sign. "Electrical sign" includes any sign
containing electrical wiring.
16.08.120 Externally illuminated sign. "Externally illuminated sign"
includes a sign illuminated from an external light source.
16.08.130 Face of a building. "Face of a building" includes all
window and wall area of a building in one plane.
16.08.140 Free-standing sign. "Free-standing sign" includes a sign
erected and mounted on a free-standing frame, mast or pole and not
attached to any building.
16.08.150 Freeway-oriented sign. "Freeway-oriented sign" includes a
sign primarily designed to be read by a motorist traveling on a highway
designated by the Oregon State Highway Department as a freeway or
expressway; specifically, these shall be Interstate 5, and Oregon State
Highway X6217, and shall not include U.S. Highway 99W.
16.08.160 Flashing 5iga. "Flashing sign" includes any sign which is
illuminated by an intermittent or flashing light source or which is in
any other way animated so as to create the illusion of movement without
actual physical movement or the illusion of a flashing or intermittent
light or light source.
16.08.170 Frontage. "Frontage" includes the length of the property
line of any one premises along a public roadway.
16.08.180 Ideological Sign. "Ideological sign" includes signs which
communicate a political, moral, or philosophical comment or religious
statement which does not promote any commercial interest or refer
specifically to a particular ballot measure to be voted on in the next
election.
16.08.190 Incidental sign. "Incidental sign" includes signs
advertising or identifying associated goods, products, services or
facilities available on the premises, including, but not limited to,
trading stamps, credit cards accepted or brand names.
16.08.200 Incombustible material. "Incombustible material" means any
material which will not ignite at, or below, a temperature of twelve
hundred degrees Fahrenheit during an exposure of five minutes and which
will not continue to burn or glow at that temperature when tested in
accordance with standards established in the Uniform Building Code.
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16.08.210 Industrial park. "Industrial park" means a parcel of land
which complies with the lot requirements set forth in Section 18.52.080 j
of the Tigard Municipal Code.
16.08.220 Internally illuminated sign. "Internally illuminated sign"
includes signs with an internal source of illumination where the light
source is not visible from the exterior of the sign.
16.08.230 Maintain. "Maintain" includes to permit a sign, sign
structure or part thereof to continue or to repair or refurbish a sign,
sign structure or part thereof.
16.08.240 Nameplate. "Nameplate" includes signs identifying only the
name and occupation or profession of the occupant of the premises on
which the sign is located.
16.08.250 Nonstructural trim. "Nonstructural trim" includes the
moldings, battens, caps, nailing strips and latticing, letters and
walkways which are attached to a sign structure.
16.08.260 Off-premises sign. "Off-premises sign" includes any sign
including, but not imited to, a painted sign, temporary sign, permanent
sign or outdoor advertising sign, which sign advertises goods, products
or services which are not sold, manufactured or distributed on or from
the premises or a sign which advertises a business or facilities not
located on the premises on which the sign is located.
16.08.270 Outdoor advertising or billboard sign. "Outdoor
l( advertising sign" includes a sign constructed, erected and maintained by
a person licensed to engage in the business of outdoor advertising and
which sign is an off-premises sign supported by a substantial permanent
sign structure with a display surface or display surfaces primarily
designed for the purpose of painting or posting advertising message
thereon at periodic intervals, and where customarily, although not
exclusively, the use of the display surface is leased to other persons.
Sometimes referred to as "Billboards".
16.08.280 Person. "Person" means individuals, corporations,
associations, firms, partnerships and joint stock companies but does not
include governmental agencies.
16.08.290 Plastic material. "Plastic material" includes those
materials made wholly or partially from standardized plastics listed and
described in the Uniform Building Code or approved plastics which have
been approved by the Underwriters Laboratory for use in construction of
electrical signs.
16.08.300 Premises. "Premises" includes a lot or two or more lots on
which are constructed or on which are to be constructed a building or a
group of buildings designed as a unit.
16.08.310 Projecting sign. "Projecting sign" includes signs other
than a wall sign which projects from a building.
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16.08.320 Projection. "Projection" means the distance by which a
projecting sign extends from a building.
16.08.330 Reader board sign. "Reader board sign" includes any sign
with changeable copy as message.
16.08.340 Roof sign. "Roof sign" means a sign erected upon or
Erectly above a roof or parapet of a building or structure.
16.08.350 Rotating or revolving sign. "Rotating or revolving sign"
means any sign, or portion of a sign, which moves in any manner.
16.08.360 Sign. "Sign" includes an advertising sign, outdoor
advertising sign, on-premises sign, display, temporary sign, temporary
sign display, message, light (other than a device used primarily to
illuminate a building or a premises), emblem, device, figure or
mannequin, painting, drawing, placard, poster or other thing that is
designed, used or intended for advertising purposes, or to inform or to
attract the attention of the public, and includes, where applicable, the
sign structure, display surfaces and all other component parts of the
sign.
16.08.370 Sign structure. "Sign structure" includes any structure
which supports or is capable of supporting any sign as described in the
Uniform Building Code. A sign structure may be a single pole and may or
may not be an integral part of a building.
16.08.380 Temporary sign. "Temporary sign" includes any sign, "A"
board frame, banner, or advertising display which is not permanently
erected or permanently affixed to any sign structure, sign tower, or
building and which is not an electrical sign or an internally illuminated
sign and does not have changeable message characteristics.
16.08.390 Uniform Building Code. "Uniform Building Code" means the
most recent Oregon Uniform Building Code as adopted by the City of
Tigard, Oregon, a copy of which is on file in the office of the City f
Recorder and which Uniform Building Code, by this reference, is
incorporated in this title to the extent of specific citations thereof in
this title.
16.08.400 Wall sign. "Wall sign" includes any sign attached to,
painted on, or erected against the wall of a building or structure, with
the exposed face of the sign in a plane parallel to the plane of the wall.
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Chapter 16.12
PERMITS
Sections:
16.12.010 PERMITS REQUIRED
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16.12.020 APPLICATION
16.12.030 FEES
16.12.040 INSPECTIONS
16.12.050 EXEMPTIONS
16.12.010 PERMITS ccEQUIRED. No sign shall hereafter be erected,
re-erected, constructed, altered or relocated within the city limits
except as provided by this code, and a permit for the same has been
issued by the Building Official. A separate permit shall be required for
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a sign or signs for each business entity and./or a separate permit shall j
be required for each group of signs on a single supporting structure. A
separate permit shall be required when it is proposed to remove a sign
from its supporting structure for its repair and maintenance. See
Section 16.24 and 16.28 Non-Conforming Signs and Removal Provisions. In
addition, an electrical permit shall be obtained for all illuminated
signs, from the enforcing agency, subject to the provisions of the State
Electrical Code.
16.12.020 APPLICATION. Application for sign permits shall be made in
writing upon forms furnished by the Building Official. The application
shall show the location by street and number of proposed sign and the
name and address of the owner and sign contractor or erector. The
following information shall accompany the application:
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(1) A minimum of two copies of plot plans, drawn to scale, and a
scale drawing of the sign. The plot plan shall indicate the location of
the sign, all buildings, property lines, existing signs, streets,-
driveways
treets,driveways and overhead power lines on the premises. The plot plan shall
show the approximate location of the neighboring signs and buildings
within one hundred feet on either side of the subject premises. {
(2) The scale drawing of the sign shall show sign dimensions, the
colors, materials, height above ground, source and intensity of any i
illumination and the construction showing size of footings, anchorages,
welds, etc.
(3) The Building Official may require engineers calculations for
sign construction, anchorage and footing requirements, to meet wind
resistance and seismic forces, all in conformance with the requirements
of the adopted City Uniform Building Codes. All sign structures on or
near a building shall conform to the State Fire Life Safety requirements
of the building, structure or area where It is erected.
(4) All electrical illuminated signs shall bear the Underwriters
Laboratory label or equivalent.
16.12.030 FEES. Each applicant for a sign permit as a condition.
precedent to granting of such permit, shall pay to the city with respect
to the proposed construction, alteration or relocation of a sign for
which a permit is required as follows:
7
Sign Area Permit Fee
0 - 25 square feet $10
25 - 100 square feet 25
100 square feet and over 25 plus $10 for
each additional
100 square feet or
fraction thereof
Maximum permit $100
Re-inspection 10
Temporary sign (ea. sign) 10
Appeal fee — $25
Subsequent fees and amendments to fee schedules shall be changed by
City Council by resolution.
All permits shall expire within ninety days of issuance when it has
been determined by the Building Official that no work has been done on
the work authorized by said permit. Such permit may be renewed, prior to
expiration date, for up to an additional ninety day period without
additional charge when requested in writing by the applicant to the
Building Official. This renewal option does not apply to any action
taken by the City on non-conforming signs or signs which have been
determined a public hazard.
16.12.040 INSPECTIONS.
(1) General. All construction work for which a permit is required
shall be subject to an inspection by the Building Official. A survey of
the lot or proposed location for sign erection may be required by the
Building Official to verify compliance of the structure with approved
plans. Neither the Building Official nor the jurisdiction shall be
liable for expense, or other obligations, entailed in the removal or
replacement of any material required to allow inspection.
(2) Inspection requests. It shall be the duty of the person doing
the work authorized by a permit to notify the Building Official that such
work is ready for inspection. The Building Official may require that
every request for inspection be filed at least one working day before
such inspection is desired.
(3) Required inspections. Reinforcing steel or structural framework
of any part of the proposed structure shall not be covered or concealed
without first obtaining approval of the Building Official.
(A) Foundation Inspections: To be made after all required
excavations, form work, bolt settings are completed and ready to receive
concrete.
(B) All anchorages left exposed for inspection.
(C) Electrical inspection to be made by agency issuing
electrical permits.
(D) Final Inspections. Final inspection shall be called
for by the applicant when all work is completed. This inspection shall
cover all items required by the Building Official such as the locations,
landscaping if required and general compliance with the approved plans
and requirements of this title.
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1716-12.050 EXEMPTIONS. The following signs and operations shall not
require a sign permit but shall conform to all other applicable
provisions of this title:
(1) Real estate signs not exceeding twelve square feet in area
advertising exclusively the sale, rental or lease of the premises upon
which the signs are located;
(2) Nameplates not exceeding eight square feet in area;
(3) The changing of the message on an advertising sign or upon a
theater marquee or similar sign specifically designed for the use of
replaceable copy;
(4) Painting, repainting, cleaning and normal maintenance and repair
of a sign;
(5) Memorial signs or tablets, names of buildings and date of
erection when cut into any masonry surface or when constructed of bronze
or other incombustible materials;
(6) A sign denoting the architect, engineer, contractor, subdivision
or development when placed upon work under construction, and not
exceeding thirty-two square feet in area provided that such sign is
removed within thirty days from date of issuance of the final occupancy
permit or two years, whichever is less.
(7) Political signs (see requirements in Chapter 16.40).
(8) A sign denoting a one-time clearance sale of household goods in
a residential area (garage sales) limited to a total sign area of six
square feet and to a limited duration of 10 days. Signs are to be
located on private property with consent of the legal possessor of the
premises and not located on utility poles or in the public right-of-way
or on public property.
(9) Ideological signs which are temporary in nature (60 days)and
meet the following conditions:
(a) Located on private property;
(b) Consent of the legal possessor of the premises;
(c) Not located on utility poles or in the public right-of-way
or on public property;
(d) Limited to a total sign area of twelve square feet in
residential zones and thirty-two square feet in
nonresidential zones;
(e) Any person intending to place said sign shall, prior to
placing any sign, execute a removal agreement covering
these provisions and shall file a one-hundred dollar check
or one-hundred dollars in cash payable to the City Recorder
with an agreement acceptable to the City Attorney, refund
conditioned upon quaranteeing removal of the signs within
the time specified.
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Chapter 16.24
NONCONFORMING SIGNS
Sections:
16.24.010 DEFINED - CONTINUANCE
16.24.020 CONTINUOUS - EXCEPTION
16.24.030 LOCATED ON PREMISES ANNEXED TO CITY
16.24.040 ALTERATION, RELOCATION OR REPLACEMENT
16.24.050 TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF
TITLE'S EFFECTIVE DATE.
16.24.010 DEFINED - CONTINUANCE. Except as provided in this chapter,
signs in existence on March 20, 1978, according to Ordinance No. 77-89
and No. 78-16, which do not conform to the provisions of this title, but
which were constructed, erected or maintained in compliance with all
previous regulations, shall be regarded as non-conforming signs which may
be continued until March 20, 1988 (ten years after date of ordinance).
16.24.020 CONTINUANCE - EXCEPTION. Signs in existence on January 11,
1971, which do not conform to the provisions of this title, but which
were constructed, erected or maintained in compliance with all previous
regulations, were regarded as non-conforming signs and could be continued
for a period of ten years from January 11, 1971. All such signs which
were not brought into compliance with the standards in Ordinance No.
77-89 and No. 78-16 and the extensions granted by January 11, 1981 are
now in violation of this title.
16.24.030 LOCATED ON PREMISES ANNEXED TO CITY. Signs located on
premises annexed into the City after January 11, 1971, which do not
comply with the provisions of this title, shall be brought into {
compliance with this title within a period of ten years after the
effective date of the annexation.
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16.24.040 ALTERATION, RELOCATION OR REPLACEMENT. Any sign which is
structurally altered, relocated or replaced shall immediately be brought
into compliance with all of the provisions of this title, except the
repairing and restoration of a sign on site or away from the site to a
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safe condition any part of a sign or sign structure for normal E
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maintenance shall be permitted without loss of non-conforming status. h
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16.24.050 TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF TITLE'S E
EFFECTIVE DATE. Signs in existence on the effective date of this title
which do not comply with provisions regulating flashing signs; use of par
spotlights or rotating beacons; rotating and revolving signs; flags,
banners, streamers or strings of lights; (or temporary or incidental
signs) shall be made to conform within ninety days from the effective
date of this title.
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Chapter 16.28
SIGN REMOVAL PROVISIONS
Sections:
16.28.010 .ABANDONED SIGNS
All signs erected in violation of the requirements of this title from
the effective date of this ordinance shall be removed immediately by the
owner or erector. If the erector or owner does not bring the sign into
compliance or remove it by the time noted by the Building Official's
notice to remove, the erector or owner may be cited into court on a
misdemeanor charge. l
16.28.010 ABANDONED SIGNS. Any person who owns or leases a sign j
shall remove such sign and sign structure when either the business that
it advertises has discontinued business in the city or the business that q
it advertises is no longer conducted in or upon the premises upon which
such sign is located. If the person who owns or leases such sign fails }
to remove it as provided in this section, the Building Official shall
give the owner of the building, structure or premises upon which such
sign is located, sixty days written notice to remove it. If the sign has
not been removed at the expiration of the sixty days notice, the Building
Official or his duly authorized representative, may remove such sign at
cost to the owner of the building, structure or premises. Signs which
the successor to a person's business or business location agrees to j
maintain as provided in this title need not be removed in accordance with {
! this section. Cost incurred by the Building Official, or his duly
authorized representative, may be a lien against the land or premises on
which such sign is located and may be collected or foreclosed in the same
manner as liens otherwise entered in the liens docket of the City.
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Chapter 16.34
APPEALS TO THE PLANNING COMMISSION
Sections:
16.34.010 RIGHT OF APPEAL
16.34.020 VARIANCE GRANTING
16.34.030 CONDITIONS
16.34.040 APPLICATION
16.34.050 EXPIRATION WHEN UNEXERCISED
16.34.060 NOTICE
16.34.070 CONTENTS OF THE NOTICE
16.34.080 MECHANICS OF GIVING NOTICE
16.34.090 RIGHT OF FURTHER APPEAL TO CITY COUNCIL
16.34.010 RIGHT OF APPEAL.
(1) Any person who has been ordered by the Building Official to
remove a sign, whose application for a permit or license pursuant to this
title has been refused, or whose permit has been revoked, may appeal to
he City Planning Commission. Such appeal shall not stay any action
directed by the Building Official in any case where the Building Official
determines that immediate action is necessary due to an unsafe condition
of a sign creating an immediate hazard or danger to the public.
(2) Any appeal to the Planning Commission shall be filed within
thirty days after the final determination of the Building Official from
which the appeal is taken. The Planning Commission shall hear the appeal
and make its determination within thirty days after filing of the
appeal. All decisions of the Planning Commission with respect to matters
under this chapter shall be reported to the City Council.
16.34.020 VARIANCE GRANTING. The Planning Commission may grant
variances from the requirements of this title where it can be shown that,
owing to special and unusual circumstances related to a specific piece of
property, the literal interpretation of this title would cause an undue
or unnecessary hardship. In granting a variance the Planning Commission
may attach conditions which it finds necessary to protect the best
interests of the surrounding property or neighborhood and to otherwise
achieve the purposes of this title.
16.34.030 CONDITIONS. No variance shall be granted by the Planning
Commission unless it can be shown that all of the following conditions
exist:
(1) The authorization of the variance shall not be materially
detrimental to the purposes of this title, be injurious to property in
the zone or vicinity in which the property is located, or be otherwise
determined to be inconsistent with the objectives of any city development
plan or policy;
(2) The variance requested is the minimum variance from the
provision and standards of this title which will alleviate the hardship.
16.34.040 APPLICATION A request for a variance may be initiated by a
property owner or his authorized agent by filing an application with the
City Recorder upon forms prescribed for the purpose. The application
shall be accompanied by a Site Plan, drawn to scale, showing the
dimension and arrangement of the proposed sign.
16.34.050 EXPIRATION WHEN UNEXERCISED. When the Planning Commission
(or, in the case of an appeal the City Council) approves a variance the
rights thereby given to the applicant shall continue to exist and to
belong to the applicant or any other owner of the land for a period of
one year from the date of final approval. If, at the expiration of one
year from the date of approval, construction of the structure or
initiation of the use giving rise to the heed for the variance has not
begun, the rights given by the variance approval shall terminate without
further action by he City, the Planning Commission, or the City Council.
Said rights shall also terminate at or after the expiratioi, of one year
from approval if, though commenced within one year, construction ceases
and is not resumed within sixty days.
16.34.060 NOTICE. A. At least ten (10) days prier to the scheduled
hearing date, notice shall be sent by mail to:
(1) The applicant and all owners or contract purchasers of record of
the property which is the subject of the application;
(2) All owners of record of property within two hundred and fifty
(250) feet of the property;
(3) Any affected governmental agency which has entered into an
intergovernmental agreement with the city which includes provision for
such notice;
(4) The affected Neighborhood Planning Organization, if active;
(5) Any person who requests, in writing, and pays a fee established
by the Director; and
(6) All "parties" described in Section 18.84.140 of the Tigard
Municipal Code to an appeal or review.
The Planning Director shall cause an affidavit of mailing of notice to be
filed and made a part of the administrative record.
B. At least ten (10) days prior to the hearing, notice shall be given in
a newspaper of general circulation in the city. An affidavit of
publication shall be made part of the administrative record.
16.34.070 CONTENTS OF THE NOTICE. Notice given to persons entitled
to mailed or published notice pursuant to Section 18.84.060 of the Tigard
Municipal Code shall include the following information:
(1) The number and title of the file containing the application and
the address and phone number of the Director's office where additional
information can be obtained;
(2) A description of the subject property, reasonably calculated to
give notice as to its actual location which shall include, but not be
limited to, the metes and bounds description or the tax map designations
of the applicable county assessor's office;
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(3) The nature of the application in sufficient detail to apprise
persons entitled to notice of the applicant's proposal; and
(4) Place and date of the public hearing, the time, a statement that
public oral and written testimo-ay is invited, and a statement that the
hearing will be held under this chapter and any rules of procedure
adopted by Council and available at City Hall.
16.34.080 MECHANICS OF GIVING NOTICE AND FAILURE TO RECEIVE NOTICE
(1) The records of the applicable county assessor's office shall be
the official records used for giving notice required by this ordinance,
and a person's name and address which is not on file at the time the
notice mailing list is initially prepared is not a person entitled to
notice under Section 18.84.060 of the Tigard Municipal Code.
(2) The failure of a property owner to receive notice shall not
invalidate the action provided a good-faith attempt was made to notify
all persons entitled to notice.
(3) Personal notice is deemed given when the notice is deposited
with the united States Postal Service. Published notice is deemed given
on the date it is published.
(4) In computing the length of time that notice was given, the first
date notice is deemed given shall be excluded and the day of the
Administrative Hearing or Decision by the Director shall be included
unless the last day falls on any legal holiday or on Saturday, in which
case, the last day shall be the next business day.
16.34.090 RIGHT OF FURTHER APPEAL TO CITY COUNCIL. Any decision of
the Planning Commission pursuant to this title may be appealed to the
City Council. Such appeal to the Council shall be in writing and shall
be filed within ten days after the final determination of the Planning
Commission from which the appeal is taken. The Council may determine the
matter on the record or set the matter for a de novo hearing at a regular
council meeting, and in either instance may accept, reject or modify any
action taken by the Planning Commission with respect to the matter under
appeal.
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CHAPTER 16.36
ZONE REGULATIONS
Sections:
16.36.010 GENERALLY
16.36.020 SINGLE FAMILY OR RESIDENTIAL ZONES
16.36.030 MULTIFAMILY RESIDENTIAL 'ZONES
16.36.040 COMMERCIAL AND INDUSTRIAL ZONES
16.36.050 COMMERCIAL PROFESSIONAL ZONES
16.36.060 OTHER REQUIREMENTS
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16.36.010 GENERALLY. Except as provided in this chapter, no person
shall install or maintain any sign in the City in the zones listed in the
following sections. Reference to zones are those established by or
pursuant to the Community Development Code.
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16.36.020 SINGLE FAMILY OR RESIDENTIAL ZONES. No sign of any
character shall be permitted in an R-5, R-7, R-10, R-15, R-20 or R-30
zone except the following:
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(1) Nameplates. Sign bearing only property numbers, names of y
occupants of the premises or other identification of the premises not G
having a commercial connotation not exceeding a combined area of four
square feet.
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(2) Real Estate Signs. One on-site temporary sign for each street e
frontage offering the premises for sale, lease or inspection by the
public provided that the total area of such sign does not exceed six
square feet in area. Such signs may also be modified to indicate that
the property has been sold.
(3) Permanent subdivision identification signs. One ground sign, at
each entry point to the subdivision from the public right-of-way, with
the site properly landscaped, denoting the development name and not
exceeding thirty-two square feet in area. Illumination may be approved
as long as it does not create a public or private nuisance.
(4) Real estate directional signs. Temporary real estate signs
advertising an open house and located off the premises, limited to a sign
area of six square feet and a maximum diwension of four feet may be
erected and maintained, provided the display of such sign shall be only
during those hours the property is available for inspection. No other
off-premises directional signs shall be allowed. No permits are required
for such signs, but the Building Official may establish reasonable rules
and regulations to prohibit sign clutter, erection of unsafe signs, or
other problems in connection with the erection of real estate directional
signs.
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(5) (A) Free-standing signs for commercial use in residential and
multifamily zones shall be limited to 16 feet in height and 65 square
feet in area per sign face.
(B) Religious assemblies and educational institutions are {
permitted to have reader boards depicting events and services, but not in f
excess of the allowable sign area.
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(C) Wall Signs. Wall signs shall not exceed five percent of
the front wall area and not be permitted on side or rear wall.
16.36.030 MULTIFAMILY RESIDENTIAL ZONES. No sign shall be permitted
in an A-12, A-20, A-40, A-70 8OPD zone except the following:
(1) Permanent residential nameplates identifying the premises.
Total signing on a premises shall not exceed one square foot of area per
dwelling unit.
(2) Incidental signs. Such signs shall only be permitted when
attached to a permanently affixed sign structure or to the wall of the
building. f
(3) deal estate signs. One outside sign offering the premises for
sale providing that the total area of such sign does not exceed twelve
square feet. Such signs may be modified to indicate that the property
has been sold.
(4) Nonresidential signs. One illuminated or non-illuminated sign
not exceeding twelve square feet in area identifying any nonresidential
use permitted in a multiple family residential zone. When such use has
been approved by the conditional use process.
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(5) Real estate directional signs, free standing and wall signs
shall be the same as paragraph 4 and 5 of Single Family residential zones.
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16.36.040 COMMERCIAL AND INDUSTRIAL ZONES. C-3, C-3M, C-4, C-5, and
M-2, M-3 and 14-4 industrial zones:
Free-standing signs shall have certain limitations and conditions }
when permitted on properties zoned commercial and industrial. One
multifaced, free-standing sign identifying the principal goods, products,
facilities or services available on the premises, shall be permitted on
the premises, subject to conditions and limitations as stated herein. A
readerboard assembly may be an integral part of the free-standing sign.
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Free-standing signs. ;
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Area Limits. The maximum square footage of signs shall be seventy
square feet per face or a total of one hundred forty square feet for all
sign faces. No part of any free-standing sign shall extend over a
property line into public right-of-way space.
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Area Limit Increases. The sign area may be increased one square foot
for each lineal foot the sign is moved back from the front property line f
the sign is adjacent to. If the street is curbed and paved the t
measurement may be taken from a point which is fifteen feet from the
pavement. This increase in sign area is limited to a maximum of ninety
square feet per face or a total of one hundred eighty square feet for all
faces. �t
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Height Limits. Free-standing signs located next to the public
right-of-way shall not exceed twenty feet in height. Height may be
4
increased one foot in height for each ten feet of setback from the
property line or a point fifteen feet from the edge of pavement whichever
is less to a maximum of twenty-two feet in height. !
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Wall Signs.
Allowable Area. Wall signs, including illuminated reader boards, may
be erected or maintained but shall not ey_eed in gross area fifteen
percent of the building frontage occupied by the tenant.
Wall signs may not project more than eighteen inches from the wall or
extend above the wall to which they are attached.
In buildings where one or more tenant(s) occupy a portion of a
building which does not include any portion of an exterior wall having
exposure to a public street, allowable wall sign area will be computed in
the following manner: each tenant not having building frontage may have
a wall sign on the wall having street exposure (front wall) provided it
does not exceed in sign area that portion of sign area permitted that
front wall tenant having the smallest proportion of allowable sign area.
In this type of building the allowable proportion of front wall sign area
shall be computed as fifteen percent of the total building face. A wall
sign program shall be established for all multi-tenant buildings, no new
permit shall be issued until such a program is established. On
pre-existing buildings, each new tenant will adhere to the established
program.
If the Building Official determines that the wall sign's visual
appeal and overall design quality would be served, an additional fifty
percent of the allowable sign area may be permitted. No copy will be
permitted, however, in the additional area permitted. For purposes of
this subsection, "copy" includes symbols, logos, and letters.
(' Painted Signs. Wall signs painted directly onto the wall surface
shall not exceed in gross wall area fifteen percent of the face of the
building they are painted upon, and the vertical dimension of the sign
cannot exceed twenty percent of the height of the wall.
16.36.050 Commercial-Professional Zone (CP) Signs Permitted.
(1) There shall be not more than one square foot of sign area for
each one hundred square feet of floor area within the building or
buildings to be identified. All signs shall not exceed fifteen square
feet per side or a total of thirty square feet for all sign faces if both
faces are used.
(2) No sign shall project above the roof line or extend over a
public sidewalk or right-of-way. All faces of signs shall be parallel to
the face of the building upon which the sign is located and to which the
sign pertains.
(3) Signs may be painted or otherwise applied directly to a wall
providing such sign is an integral part of building design and approval
is obtained for such sign from the Building Official.
(4) No billboards shall be permitted.
(5) Free-standing signs designating a particular project site or
building may be permitted in lieu of building-mounted signs subject to
specific approval by the Building Official.
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Signs in a planned development district for the specific purpose of
site identification, building identification, tenant identification and
traffic direction may be permitted in such planned development district
as approved in the general plan subject to approval by the Planning
Director, providing that an integrated sign theme is carried out
compatible with the overall development and consistent with the approved
general plan and program.
16.36.060 Other ttequirements. If the Building Official determines
that the sign's visual appeal and overall design quality would be served
while maintaining the intent and purpose of this title, an additional
fifty percent of the allowable sign area and twenty-five percent of sign
height may be permitted. No copy will be permitted in the additional
area or height. For purposes of this subsection the word "copy" includes
symbols, logos, and figures, as well as letters.
Each free-standing sign shall be surrounded by an area set aside to
protect the sign from vehicles negotiating in the parking area of the
business to which the sign relates, and the area set aside shall be
landscapes,. The size and shape of the area set aside and the landscaping
shall be represented on the plot plan required by permit and shall be
subject to the review and control of the Planning Director or his agent.
On existing sites where a landscape island is not feasible, the minimum
clearance between the lowest portion of a free-standing sign and the
ground shall be fourteen feet in any vehicle maneuvering area.
No free-standing sign, nor any portion of any free-standing sign,
shall be located or project over any portion of a street, sidewalk or
other public right-of-way or property unless a variance has been granted
by the Planning Commission.
When a premise contains more than a single tenant but is not defined
as a shopping center, the provisions of a free-standing sign shall take
into consideration the need for providing a signing system which is
harmonious in appearance and legible. The building owner shall provide,
at his own expense, a common support for all tenant signage. Up to an
additional fifty percent of sign copy area may be permitted by the
Building Official to adequately identify the separate tenants when he
determines that the increased sign area will not deter from the intent
and purpose of this title.
Shopping centers or industrial parks, defined as areas of not less than
eight business units and consisting of not less than four acres, shall
establish a single signing format. The sign shall include the complex
name and street number. Up to an additional fifty percent of sign area
may be permitted by the Building Official to adequately identify the
complex when he determines that the increased sign area will not deter
from the intent and purpose of this title. This increase should be
judged according to unique identification needs and circumstances which
necessitate additional area to make the sign sufficiently legible. When
a shopping center or industrial park has more than one main entrance on
separate frontages, a second free-standing sign may be allowed. The two
allowable signs shall face separate frontages and are not intended to be
viewed simultaneously.
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Chapter 16.40
SPECIAL TYPES OF SIGNS
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Sections:
16.40.010 FLAGS, BANNERS, AND SIMILAR ITEMS
16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW
16.40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET
OR PUBLIC RIGHT-OF-WAY
16.40.040 CERTAIN SIGNS PROHIBITED
16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION
16.40.060 OUTDOOR ADVERTISING SIGNS
16.40.070 BENCH SIGNS
16.40.080 POLITICAL SIGNS
16.40.010 FLAGS, BANNERS, AND SIMILAR ITEMS
(1) Prohibited Display of Flags and Banners. It is a violation of
this article to erect or maintain strings of pennants, banners or
streamers, festoons of lights, clusters of flags, strings of twirlers or
propellers, flashing or blinking lights, flares, balloons, and similar
devices of carnival character. Flags and pennants not prohibited are:
(A) National, state, and institutional flags properly displayed;
(B) Seasonal decorations and generally recognized holidays;
(C) Streamers and pennants, used for one week only to call attention
f to grand opening of a new business.
16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW. Nothing in
this title shall prevent the erection, location or construction of signs
on private property where such erection, construction or location is
required by any law or ordinance nor shall any public agency or utility
be prohibited from erecting signs on private property when otherwise
permitted.
16:40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET OR
PUBLIC RIGhT-OF-WAY. Nothing in this title shall prevent the erection,
location or construction of directional or instructional signs on private
property when such signs are solely designed to direct or to guide or to
instruct pedestrians or vehicular traffic while on the parcel of real
property on which the signs are located. No sign permit or fee shall be
required for such signs.
16.40.040 CERTAIN SIGNS PROHIBITED.
(1) Unsafe signs or improperly maintained signs. No sign shall be
constructed, erected or maintained unless the sign and sign structure is
so constructed, erected and maintained as to be able to withstand the
wind, seismic and other requirements as specified in the Uniform Building
Code. No sign shall be constructed, erected or maintained in violation
of the maintenance provisions of this title.
(2) Signs at intersections. No sign shall be erected at
intersections of any streets in such a manner as to materially obstruct
free and clear vision nor shall any sign be erected at any location
where, by reason of the position, shape or color, it may
19
JNNUMMLASPEOL-
interfere with, obstruct the view of, or be confused with, any authorized
traffic signal or device; nor shall any sign be erected which makes use
of the word "stop", "look", "danger", or any other similar word, phrase,
symbol or character in such manner as is reasonably likely to interfere
with, mislead or confuse motorists. The thirty, foot two side triangle
of safety shall be observed.
(3) Obscenity. No sign shall bear or contain statements, words or
pictures in which the dominant theme of the material, taken as a whole,
appeals to the prurient interest in sex or is patently offensive because
it affronts the contemporary community standard relating to the
description or representation of sexual material which is utterly without
redeeming social value.
(4) Obstructing signs. No sign or sign structure shall be
constructed in such a manner or at such a location that it will obstruct
access to any fire escape or other means of ingress or egress from a
building or any exit corridor, exit hallway or exit doorway. No sign or
supporting structure shall cover, wholly or partially, any window or
doorway in any manner that it will substantially limit access to the
building in case of fire
(5) No off-premises sign shall be permitted in any commercial or
industrial zone, except outdoor advertising signs, as regulated in other
parts of this title. Off-premise signs may only be approved by the
Planning Commission through the Variance procedure established by the
applicable Municipal Code.
(6) Strings of bare lights shall not be constructed, erected or
maintained within view of any public street or public right-of-way. This
subsection shall not apply to lighting displays as described in 16.40
(1)(B)•
(7) Roof signs of any kind are prohibited; including temporary signs.
16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION.
(1) No exposed reflective-type bulbs, strobe lights, rotary beacons,
par spots, zip lights or similar devices shall be permitted. No exposed
incandescent lamp which exceeds twenty-five watts shall be used on the
exterior surface of any sign so as to expose the face of such bulb or
lamp to any public street or public right-of-way.
(2) No flashing signs shall be permitted except for Electronic
Information Signs.
(3) The surface brightness of any sign shall not exceed that
produced by the diffused output obtained from eight hundred milliampere
fluorescent light sources not closer than eight inches on center.
16.40.060 OUTDOOR ADVERTISING SIGNS. Outdoor advertising sign
regulations shall be as follows:
(1) Zones Permitted. Outdoor advertising signs shall be permitted
only in a C-3 commercial zone or heavy or light industrial zones.
20
(2) Height. The maximum height of an outdoor advertising sign shall
not exceed thirty-five feet from the ground level at its base.
(3) Size.
(A) The maximum sign dimensions of an outdoor advertising
sign shall be twelve feet in height and twenty-five feet in length
(excluding supports and foundations) or a total maximum sign area of
three hundred square feet per face.
(B) Outdoor advertising signs may be increased in area to
fourteen feet in height and forty-eight feet in length or a total maximum
sign area of six hundred seventy-five square feet per face where
permitted as freeway-oriented signs.
(C) On freeway-oriented signs, cutouts may project beyond
the display surface and may add up to one-third additional area of
permitted display surface and further may extend five and one-half feet
above, four feet below or two feet to either side of the display surface,
provided that the thirty-five foot maximum height limit is not exceeded
by such cutouts.
(4) Locations Permitted.
(A) Outdoor advertising signs shall only be permitted to
locate on and orient to US Highway 99W (Southwest Pacific Highway),
Oregon State Expressway No. 217, and Interstate Freeway No. 5.
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(B) Outdoor advertising signs shall not have more than one
display surface facing in the same traffic direction on any one premises. I
s
For the purpose of this provision and for the purposes of applying '
the spacing limitations or density limitations which follow, a single
outdoor advertising structure on which two display surfaces are attached
back-to-back shall be considered as one outdoor advertising sign and with
one display surface facing one traffic direction.
(5) Outdoor advertising signs shall not be located within three
hundred feet or another outdoor advertising sign on the opposite side of
the street or highway or within five hundred feet of another outdoor
advertising sign on the same side of the street or highway. For purposes
of applying this limitation, distances shall be measured as a radius from
a sign. Where two or more signs are in violation of these spacing
provisions, the first lawfully constructed, erected and maintained shall
be permitted to remain.
(6) Outdoor advertising signs shall have all metal structures;
provided, however, that the display surface or display surfaces and the
stringers use for the support of the display surfaces together with
cutouts may be made of other materials.
(7) Outdoor advertising signs are not permitted as roof signs.
21
16.40.070 BENCH SIGNS. Bench signs shall only be permitted at
designated transit stops in commercial, industrial, and multifamily zones
where no bus shelter exists. There shall be no more than one bench sign
i per allowable transit stop. Placement of the bench sign shall not
interfere with pedestrian traffic or traffic vision. Application for a
bench sign shall include the sign~`ure of the affected property owner and
proof of liability insurance.
Maintenance - standards generally of outdoor advertising or billboard
signs. All signs, together with all of their supports, braces, guys and
anchors shall be kept in good repair and shall be maintained in a safe
condition. All signs and the site upon which they are located shall be
maintained in a neat, clean and attractive conditions. Signs shall be
kept free from excessive rust, corrosion, peeling paint or other surface
deterioration. The display surfaces of all signs shall be kept neatly
painted or posted.
16.40.080 POLITICAL SIGNS. Signs relating to the nomination or
election of any individual for a political office or advocacy of any
measure to be voted upon at any special or general election shall be
allowed under the following conditions:
(1) Such signs shall be temporary in nature and shall be removed
within ten days after the election.
(2) Any such sign to be placed in a residential zone shall not
exceed an area of twelve square feet.
(3) Except for outdoor advertising signs, any such sign to be placed
in a nonresidential zone shall not exceed an area of thirty-two square
feet.
(4) Any person intending to place such signs shall, prior to placing
any sign, execute a removal agreement covering these provisions and shall
file a one-hundred-dollar check or one hundred dollars in cash payable to
the City Recorder with an agreement acceptable to the City Attorney,
refund conditioned upon guaranteeing removal of the signs within the time
specified.
(5) No political sign shall be erected within or on any public
property or right-of-way or affixed to any pole, post, standard or other
support located within or on public property or a public right-of-way.
22
Chapter 16.46
TEMPORARY SIGNS
( Sections:
16.46.010 AUTHORIZATION.
16.46.020 ISSUANCE AUTHORITY.
16.46.030 REQUIRED CONDITIONS.
16.46.010 AUTHORIZATION. The Building Official shall be empowered to
authorize temporary signs.
The Building Official shall attach such conditions to the issuance of
a permit for a temporary sign as may be necessary to assure
discontinuance of the use of the sign in accordance with the terms of the
authorization, and to assure substantial compliance with the purpose of
this title.
16.46.020 ISSUANCE AUTHORITY.
(1) The Building Official may issue temporary sign permits which
shall terminate within 60 days from the date of issuance.
(2) No permit shall be issued for a period longer than 60 days, but
a permit may be renewed by the Building Official upon a showing of good
cause for the continuation of the temporary permit.
16.46.030 REQUIRED CONDITIONS. Applicants for temporary sign permits
shall submit such evidence as may be required to enable the Building
Official to determine that one or more of the following conditions exists:
(1) That the need f or the temporary sign is the direct result of a
casualty loss, such as a loss caused by fire, wind, storm, flood or other
severe damage by the elements to a preexisting structure or facility,
located on the same premises and occupied by the same applicant for whom
a permanent sign permit originally was granted;
(2) That the applicant has lost leasehold occupancy rights on
account of unforeseeable circumstances or hardship beyond the foresight
and control of the applicant;
(3) That the temporary use is limited in duration by the purposes
for which the permit is sought, such as Christmas tree sales, parade
stands, circuses, fairs or otter exhibitions, and other similar needs
which are obviously temporary;
(4) That the purpose for which the temporary use is sought is
compatible with, and incidental to, the business;
(5) That types and locations of temporary signs shall be similar to
those allowed for the zone in which they are to be used; in addition
banners, and "A" board type signs may be used in a limited manner.
Location shall be approved at the time the permit is issued.
23
Chapter 16.48
{' ADMINISTRATION
Sections:
16.48.010 SIGN PERMIT AUTHORITY
16.46.020 ENFORCEMENT AUTHORITY - RIGHT OF ENTRY
16.48.030 VIOLATION - PENALTY
16.48.010 SIGN PERMIT AUTHORITY. All applications for sign permits
shall be submitted to and be approved by the Building Official.
16.48.020 ENFORCEMENT AUTHORITY, RIGHT OF ENTRY. The Building
Official is authorized and directed to enforce all of the provisions of
this title. All signs for which permits are required shall be inspected
by the Building Official. Upon presentation of property credentials, the
Building Official or his duly authorized representative may enter at
reasonable times any building, structure or premises in the City to
perform any duty imposed upon him by this title.
16.48.030 VIOLATION PENALTY. Any person who violates any of the
provisions of this title, upon conviction, shall be guilty of a
misdemeanor and such person shall be punished by a fine of not less than
fifty dollars and not more than three hundred dollars per offense.
Persons convicted of violating a provision of this title shall be deemed
guilty of a separate offense for each day during which the violation
/ continues.
24
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Gamma
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M E M O R A N D U M
TO: BILL MONAHAN, PLANNING AND DEVELOPMENT DIRECTOR
FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT
DATE: SEPTEMBER 21, 1982
SUBJECT: SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE
1
t
The Sign Code Committee has addressed the following issues with language and/or
a
policy changes.
6
TEMPORARY SIGNS -- CHAPTER 16.46 s
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Authorization. The Building Official shall be empowered to authorize temporary
k
signs.
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The Building Official shall attach such conditions to the issuance of a permit
for a temporary sign as may be necessary to assure discontinuance of the use of
the sign in accordance with the terms of the authorization, and to assure sub-
stantial compliance with the purpose of this title. i
4! t
* In recommending a shortened period of effectiveness for temporary sign permits, €
it is the Committee's intention to reduce the opportunity for abuse of this option;
i.e. , most "temporary" conditions are not of six months duration. However, the
Committee also recommends liveral renewal procedures, with waiver of additional.
fees, for uses which the Building Official finds justifiable under the provisions
of this section.
Issuance Authority I
i
(a) The Building Official may issue temporary sign permits which shall. terminate
within 60 days from the date of issuance.
(b) No permit shall be issued for a period longer than 60 days, but a permit may
be renewed by the Building Official upon a showing of good cause for the
i
continuation of the temporary permit.
i
Required Conditions -- 16.46.030. Applicants for temporary sign permits shall
submit such evidence as may be required to enable the Building Official to
determine that one or more of the following conditions exists: j
{
(1) That the need for the temporary sign is the direct result of a casualty loss,
such as a loss caused by fire, wind, storm, flood or other severe damage by
the elements to a preexisting structure or facility, located on the same
premises and occupied by the same applicant for whom a permanent sign permit
originally was granted;
. . . Continued . . .
MEMO -- SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE
SEPTEMBER 21, 1982
/ PAGE TWO
Required Conditions (continued) -- 16.46.030
(2) That the applicant has lost leasehold occupancy rights on account of
unforeseeable circumstances or hardship beyond the foresight and control of
the applicant:
(3) That the temporary use is limited in duration by the purposes for which the
permit is sought, such as Christmas tree sales, parade stands, circuses, fairs
or other exhibitions, and other similar needs which are obviously temporary;
(4) That the purpose for which the temporary use is sought is compatible with,
and incidental to, the business.
Additional code changes relating to temporary signs:
16.08.340 Temporary Sign. "Temporary sign means any sign, banner, pennant, valance,
A-board or advertising display which is not permanently erected or permanently
affixed to any sign structure, sign tower or building, and which is not an electrical
sign or any internally illuminated sign.
16.36.020 (5) Real Estate Directional Signs. Real estate signs. . .for inspection.
No other off-premises directional signs shall be allowed, except in the case of
a private homeowner who advertises his home for sale by means of s single directional
sign placed on a neighboring private property with the permission of the neighboring
tproperty owner. No permits. . .directional signs.
READERBOARD SIGNS -- 16.36.040 (8) `.
Revise to allow readerboards as free-standing signs in commercial/industrial
zones; allow one per applicant, with no size restriction as long as readerboard
is within allowable signage for business.
ROOF SIGNS
Leave code as is, allowing no roof signs in any zone; revise definition to read:
"Roof sign means a sign erected directly above a roof or parapet. . ."
POLE COVERS -- 16.36.040 (10)
Eliminate section requiring pole covers.
OFF-PREMISES SIGNS
Use variance procedure under present code for "hardship" exceptions to prohibition.
SERVICE STATION SIGNS
Present allowable signage is adequate.
WALL SIGNS
Increase allowable area from 10 to 15 precent of building frontage.
INDOOR SIGNS
Eliminate regulation of indoor signs.
. . . Continued . . .
MEMO -- SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE
SEPTEMBER 21, 1982
PAGE THREE
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LICENSES
Eliminate section on licenses.
FEES
Set by Council; add fee for temporary signs.
UL LABEL REQUIREMENT
Requirement of UL label on electrical. signs; change to "UL or equivalent".
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AUTHORITY
For administration and enforcement rests with the Building Official. Change
reference accordingly.
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DEFINITIONS
® A-BOARD: Refers to any double faced temporary sign which does not exceed
20 -f- per side. E
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e BUILDING OFFICIAL: Refers to the person or designee charged with the admin-
istration and enforcement of this title. i
0 PLANNING DIRECTOR: Delete.
< ® PORTABLE SIGN: See Temporary Signs.
o READERBOARD: Refers to any sign with changeable copy.
a TEMPORARY SIGN: Refers to any sign, banner, pennant, A-Board, valance or adver-
tising display which is not permanently erected or permanently
affixed to any sign structure, sign tower, or buildir7 and which j
is not an electrical sign or an internally illuminated sign and
which does ,,, contain changeable copy capability.
COMMERCIAL/INDUSTRIAL ZONES -- 16.36.040
. . .one multi-faceted freestanding sign. . .herein: Add paragraph: A readerboard
sign may be permitted if as an integral part of the sign. i
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BENCH SIGN -- 16.40.095
To read—where no bus shelter exists. Delete the word presently. t
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COLLECTOR STREETS -- 16.36.040 (Page 203) -- Delete.
LOCAL STREETS --16.36.040 (Page 203) -- Delete.
OTHER REQUIREMENTS -- 16.36.040 (Page 204)
Delete third paragraph. (. . .except for the. . .movable letters.)
Delete fifth section of the paragraph. (Every freestanding sign erected after the
date of passage of the ordinances codified in this Section shall incorporate a
pole corner into its design, and
s
. . . Continued . . . {
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MEMO -- SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE
SEPTEMBER 21, 1982
f PAGE FOUR
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WALL SIGNS -- 16.36.040
Delete "Signs placed within 1 foot of the display windows. . .shall be included in
determining the amount of such building face.
NON-CONFORMING SIGNS
Continuance until 3/20/88 for signs in existence on 3/20/78 in compl.iance with
previous regulations but do not conform to the provisions of the new Sign Code.
Exceptions -- Signs which did not conform to the 1971 provision of this title and
were to be brought into compliance by 1/11/81 are non-conforming.
Annexations -- Signs located on annexed areas after 1/11/71 which do not comply
with this title shall be given 10 years from the date of annexation to comply.
RIGHT OF APPEAL
Eliminate paragraph (3) -- Appeal Building Official decision to Planning Commission.
COMMERCIAL-PROFESSIONAL ZONES
Delete paragraph (4) . "The sign may be lighted with indirect lighting. No new. . .
shall be permitted."
FREE STANDING SIGNS
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Add variance provision to free standing signs.
POLITICAL SIGNS
Eliminate bond.
LS : dkr
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October 7, 1982
MEMORANDUM
TO: Mayor and City Council
FROM Planning Staff j a I.1
SUBJECT: Jadco Chemical Hearings Officer Decision
The City Council has asked staff to keep them updated on the Jadco Chemical
(74th & Durham) fill permit. A public hearing was held before the Hearings
Officer on September 23, 1982. The Hearings Officer filed the final order
t. October 7, 1982 denying the request which is attached.
The applicant has the option to appeal the decision of the Hearings Officer.
Such an appeal would be heard before the City Council.
LN:lw
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BETH BLOUNT
ATTORNEYAT LAW
2437 Pacific Avenue, Forest Grove, Oregon 97116
Telephone (503) 648-4887
October 7, 1982
Liz Newton
Tigard Planning Department
12755 SW Ash
Tigard, OR 97223
Re: Hearings Officer Order M2-82
Dear Liz: 4
( Attached please find my final Order, including Findings
and Conclusions, in the above-referenced ma'--ter. Also
attached are all of the exhibits I received during the
hearing. Please submit this to the City Recorder for
filing. t
Very truly y_Q�s,
i
H BLOUNT
earings Officer
{F
BB/cem 1
f.I
C
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION FOR )
A SENSITIVE LANDS PERMIT TO FILL AND ) No.
LANDSCAPE PROPERTY WITHIN THE FLOOD- ) M 2-82
PLAIN OF FANNO CREEK; John and Janice )
Duncan, applicants. )
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of September 23, 1982, at
which time testimony, evidence and the planning department staff
report were recieved; and
The Hearings Officer adopts the findings and conclusions
as set forth on the attached, which is incorporated by reference
herein and marked Exhibit "A" ; therefore
IT IS HEREBY ORDERED:
M 2-82 is denied. The applicants shall remove all fill
material previously placed within the flood plain of Fanno Creek
no later than November 15, 1982.
Dated this 7th day of October, 1982.
HEARINGS OFFICER
APPROVED:
B O : T
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CITY OF TIGARD
FINDINGS AND CONCLUSIONS OF THE HEARINGS OFFICER
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File No. M 2-82 t
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Applicant: John and Janice Duncan
Proposal: To fill and landscape a portion of the Fanno Creek
floodplain, for future development of a building.
Date Application Filed:
Decision Rendered: October 6, 1982
Last Date to Appeal: October
1982.
Staff Recommendation: Approval, with conditions
Staff Representative: Elizabeth Newton
Public Hearin A public hearing was held in the conference room
g T Oregon, on Thursday,
o the Durham Waste Treatment Plar_t, Tigard,
September 23, 1982, at which time the matter was taken under ad-
visement for a written decision.
C ort of the Request: (1) John Duncan
Speaking in Supp (2) Dave Larson
(3) Bob Bledsoe
Speaking in Opposition to the Request: (1) John Schwartz
(2) Clifford Speaker
(3) John Havery
(4) Bob Bledsoe
Exhibits: (1) Staff report
(2) topographic map with.cross sections of site
(3) Tigard Planning Commssion memo
FINDINGS:
A. Subject Property:
ription: Tax Lo
1. Desct 1500, WCTM 2S1 13A, City of Tigard,
Washington County, Oregon, containing approximately 6.9
acres.
2. Location: The property is located on the northwest side
of S.W. 74th Avenue, northeast of Durham Road.
3. Zone: M-3 Light Industrial; Greenway
Page Two
John and Janice Duncan
M 2-82
4. Comprehensive Plan Designation_: Industrial and Greenway/
Open Space
5. Site Description: There is an existing warehouse on the
site which occupies approximately 1/4 of the total land
area. A little more than 400 of the property lies within
the 100 year floodplain of Fanno Creek; the property
slopes toward Fanno Creek.
i
B. Vicinity Information:
f
The property to the northeast and south is developed for
industrial uses. The western portion of the property is
within the 100 year floodplain of Fanno Creek. The property
west of the greenway is currently designated urban low den-
sity residential and is partially developed.
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C. Public Facilities and Services: The provision of public facil- t:
itzes and services is not relevant to this application as no
development is proposed at this time.
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D. Applicable Ordinances and Plan Considerations:
The application is controlled by the comprehensive plan for
the City of Tigard, adopted in October, 1971, but not yet
acknowledged; by the Environmental Design and Open Space Plan
adopted in August, 1977, but not yet acknowledged] the indus-
trial and parks and open space sections of the plan adopted
by NPO #5; Section 18. 57 of -Che Tigard Municipal Codet and It
applicable LCDC Goals. The provisions of the Tigard documents
are incorporated by reference herein.
The comprehensive plan for the City of Tigard contains the
objective to "utilize the natural drainageways provided by
Fanno Creek. . . as the basic element in a system of
connecting open spaces. " (Objective 1, page 51) . It also
states that the greenway system will " (a) tie together recreation
areas, schools, and their service areas; (b) provide protective
buffers between incompatible land uses; (c) reduce flood hazard
by restricting development along natural drainageways; . . .
(f) preserve the amenity of the area. " (Objective 3, page 51)
The comprehensive plan for the City, under the policies and
standards section provides that the City should "Preserve j
natural drainageways by prohibiting development that would
obstruct the flood plain. . . " (Standard 2,page 51) , but t
then states in a subsequent standard that the City should
"Encourage developers on both sides of Fanno Creek to con- j
C serve all trees within 50 feet of the adjoining bank. This
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MEMOf
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Page Three
John and Janice Duncan
M 2-82
will create a physical buffer over 100 feet wide (including
the creek channel) to separate potentially conflicting land
uses lying on opposite sides of the creek. Since the 100-
year flood plain ranges from 100 to 800 feet in width along
the creek, the buffer will not upsurp [sic] land that is
suitable for development. " (Standard 4 , page 52)
Standards 2 and 4 seem incompatible on their faces, one
suggesting that the flood plain should be retained for open
space, and the other suggesting that only a buffer of 100
feet should be retained, so land "suitable for development"
is not usurped. Unfortunately, Standard 4 does not define
some of the key words used to describe the Fanno Creek area,
such as "adjoining bank" or "creek channel" . Those words
have specific meanings in most flood plain ordinances, al-
though they are not defined specifically in ordinance 18. 57
of the City Code. However, in 18. 57.020 of the Code, under
the definition of "flood" , "stream channel" is used to mean
that area carrying the "normal flow of water" distinguishing
that area from the area that floods periodically. If one
uses that definition, reading Standard 4 of the comprehen-
sive plan, only a buffer of 100 feet, plus the channel width
of approximately 5-10 ' would constitute the only buffer
between the industrial zone and the residential zone in this
area. The balance of the land (on either side) could be
filled and used for development, so long as the storage
capacity of the floodplain, and the carrying capacity of the
floodplain, were preserved under the guidelines set forth in
18.57 of the Tigard Code.
However, in 1977, the City of Tigard adopted the Environmental
Design and Open Space Plan for the City. That document re-
cognized that " [w]hile Tigard is fortunate to have a viable
employemnt [sic] base in the form of industrial and commercial
businesses, it is fundamentally a residential community. " (p. 12)
It goes .on to say " [a] residential environment calls for a
pleasant, relaxing atmosphere. The community design then,
should include those aesthetic and natural features considered
complimentary to a desirable living environment. One of the
key features is the maintenance of a sense of openness. Open
space not only provides visual relief but also recreational
opportunity. Therefore, one of the objectives of this section
is to ensure that a full complement of open space, in both
large and small reserves, is provided as future development
occurs. Once again, nature provides the essential ingredients,
as well as a development guide. Fanno Creek and its tributary
system provides an excellent opportunity for linear open space,
linking the entire community together. " (p. 12) Based on
�. those conclusions , the City adopted Policy 7 , which states:
Page Four
John and Janice Duncan
N 2-82
Retain the 100-year flood plain of Fanno Creek,
its tributaries and the Tualatin River as an open
preserve (Greenway) . The Greenway shall be estab-
lished as the backbone of the open space network
and when a direct public benefit can be derived,
i.e. , adjacent residential development, the Green-
way should be developed for passive recreation and
pedestrian/bike travel.
Today, there is a marked change in attitude, generally, about
encouraging industrial development, often at the cost of other
more intangible benefits. In fact, that attitude may be pre-
valent in the City of Tigard. However, that attitude is not
reflected in the adopted documents of the City, particularly
the Environmental Design and Open Space Plan,which must guide
this Hearings officer' s opinion. From the adopted documents
of this City, it is apparent that the City has made a choice:
keep Fanno Creek flood plain as open space, in its natural
state, and allow only passive recreation and pedestrian/bike
travel uses within its boundaries.
While the applicant in this matter met his burden of proof
in establishing, technically, that fill could safely be
placed within the flood plain, without reducing the carrying
capacity, or storage capacity of the flood plain, his appli-
cation contravenes the policy already established by this
City of no development within the flood plain of Fanno Creek.
Interestingly enough, the Environmental Design and Open Space
Plan speaks to the technical side of considering development
in Fanno Creek. It states, in part, " [i]nthe process of eval-
uating the plan area for flood plains and wet lands, several
informational problems were identified:
1. Discrepancies were found between calculated flood
elevations and their demarcation on the official maps.
3. Lack of distinction_ between the floodway (area of
fastest stream flow) and the flood plain fringe.
4. Lack of reliable hydrologic data regarding flood
levels expected from future development. " (pages 9-10)
In response to those problems, Policy 2 was written, stating:
"The City shall initiate a cooperative, interjurisdictional
water shed, storm drainage and flood plain management study
of the Fanno Creek basin, and establish restrictive interim
(. standards for development until sufficient data is available
to set standards at identified levels of adequacy. Interim
standards shall limit the rate of runoff and erosion caused
-- -
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205
Page rive
{ John and Janice Duncan
M 2-82
by a development both during and at completion of construction,
as well as development in all flood plain and wetland areas
identified in the physical inventory. " That study is underway
now, as a cooperative effort with the Cities of Beaverton and
Tualatin, and with Washington County. Perhaps after that
study is completed, the City will consider a revision to
their current policy to preserve Fanno Creek flood plain for
recreational purposes. But that possibility is not before
this Hearings Officer.
As the application fails to meet the standards and policies
of the various plans of the City of Tigard, the Hearings Officer
has not addressed the LCDC issues which may be relevant.
CONCLUSIONS:
The application violates the policies of the Comprehensive
Plan of the City of Tigard and the Policies of the Environmental
Design and Open Space Plan of the City of Tigard.
RECOMMENDATION:
Denial. The applicants shall remove all fill material pre-
viously placed within the flood plain of Fanno Creek no later than
November 15, 1982.
Dated this 7th day of October, 1982.
HEARINGS_4F-�CER
7Z
�' BETH BL UNT
l
October 11, 1982
MEMORANDUM
TO: Mayor and Council
FROM: Bob Jean, City Administrator
SUBJECT: LID Financing
The following discussion topics need your policy direction so staff may
prepare the appropriate implementing documents:
1. STANDARD - Bond application deadline (prior to call for Bond Sale)
Cash received deadline (30 days from assessment, no later
than Bond Sale date)
Credits to assessments?
2. NO ACTION - Cash Due? Deadline?
Administrative Charge? (e.g. $50)
Interest Charge? (After 30 days or after Bond Sale date?
Bond rate + 1% or flat 12% or variable per investments?)
Legal action? Cost recovery and interest?
RETURNED, UNDELIVERABLE - Same as no action? Title search? Research?
Extra Administrative charges? Interest?
Legal action? Liens?
3. LATE APPLICATION - Cash? City-financed term payments?
Altered applications unacceptable and require cash?
4. TERM PAYMENTS - Flat or per billing administrative charge or % over
interest rate?
Interest rate as % over Bond Sale rate?
Or, variable interest rate on average earnings rate?
Or, 12!?
PENALTY FOR DEFAULT TO DELINQUENCY - Total amount due and payable?
Extra administrative charge to
reinstate term payments?
Legal action?
5. PRE-ASSESSMENT - Refunds for over-assessment?
Principal only or interest % on principal?
If interest, at Bond Sale rate, investment earnings
rate, % above bond rate or 12%?
Credits against assessments?
Partial delinquencies on pre-assessments?
Interest penalty? Administrative Charge?
( Due in full clause?
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C1 T'
WASHINGTON COUNTY,OREGON
October 7, 1982
MAYOR AND CITY COUNCIL
CITY OF TIGARD, OREGON
SUBJECT: SPACE NEEDS II
Honorable Persons:
Since our Civic Center ownership options have been defeated at the polls and
our long-term space needs still remain, I rropose that we now examine three
basic alternatives. This "Space Needs II Study" would look at: l. ) a Civic
Center with Public-Private Financing; 2.) Decentralized Rental Space; and,
3.) Mixed Ownership-Rental Space.
The Civic Center Option is still available with all of the operational advantages
recognized by the Civic Center Committee. In this case, however, a private
sector financing partner would be sought under a build-to-suit proposal involving
either the Crow site or another suitable site. The advantages of accelerated
depreciation under recent Federal Income Tax Law changes and the property tax
exemption still available via the City should make such a project feasible. G
It may well be that the savings in operational efficiency and financing may
cost us no more for a public-private Civic Center than just renting available
space on the open market. It may also be that the City could invest as a
joint venture partner for a share of the project, say 10%, and gain further
opportunity to buy out the venture partner in a few years after depreciation
advantages have been achieved and after voter approval of a future bond. The
disadvantage is that any such public-private venture would certainly require a
long-term lease and therefore preclude any other permanent options which
might become available in the interim.
The Rental Option of Decentralized Space must also continue to be pursued.
This is essentially our present situation. Only the Police Department is in
owned space and that is inadequate. The present City Hall administrative
space is available to us for one more year where we are, although at a
relatively high rate this second year of the lease. We will need to explore
if the landlord, Mr. Crow, is willing to renegotiate the rate and term of the
current lease. He has indicated his desire to sell and not to commit to a
lease extension as it might jeopardize the possible sale.
. . . Continued . . .
12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
i
MAYOR AND CITY COUNCIL
OCTOBER 7, 1982
PAGE TWO
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Library space in the Sorg building has 18 months more to run on the current
lease and new space rather than a renewed lease must be found. The advantage
to this option is maximum flexibility. The disadvantage is the inefficiency
of decentralized space and the comparatively expensive rates of short-term
rental verses longer-term leases.
The Mixed Ownership-Rental Space Option involves the sale or trade of existing
City properties to acquire more suitable properties with adjacent rental options
for the remaining space needs. This could involve the sale of the old City
Hall on Main Street, the sale of the Police Station and Public Works Shops.
This could, conversely, still involve the purchase of the house between the
Police Station and Shops. The concept here is to use the value of presently
owned properties to again attempt to keep City facilities co-located for
operational efficiency reasons, get lower rental costs than the Decentralized
Rental Option, and still remain flexible as far as a long-term solution.
With Council permission, I will begin to develop these three broad policy
options and bring them back to you in January or February. This will allow us
to incorporate our decision into the Budget Process in March and begin
implementation in mid-1983.
Council comment or assistance is much appreciated. Please feel free to offer
your thoughts on this matter.
Yours truly,
CITY OF TIGARD
V
Rober W. Jean,
City dministrator
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CRYOFTIOARD
WASHINGTON COUNTY,OREGON!
October 5, 1982
MR. RUSSELL KRUGER
4320 S.W. 110th
BEAVERTON, OREGON 97005
Dear Mr. Kruger:
The record should show that the property that you represent, that lies just
west of the end of S.W. Walnut Street, west of S.W. 135th Street's western
boundary of Tigard to new Schools Ferry Road, has been in the planning
stages of Tigard's urban growth boundary studies since early 1975.
At that time Tigard's Planning Department and CRAG classified the area to
S.W. 135 as in the immediate urban growth boundary and designated the
property to the west between S.W. 135th and Schools Ferry Road as future
urban growth property to be reviewed in six to eight years, which meant 1981-
1983.
That is the time we are in now and it is appropriate that this area now be
considered in Tigard's current urban growth boundary and city limits.
The fact that it's closeness to Washington Square and its direct access to
State Highway Scholls Ferry and the fact that water and sewer are immediately
available indicates thatit should be a prime location for urban growth and
should be utilized to help meet LCDC's goals for adequate and affordable
housing as soon as we can shake the economic effects that have cut our housing
market to a meager trickle.
I would encourage that imm* `ate actions be taken by Washington County, Metro,
the City of Tigard and LCDC to review this area and take the necessary steps
to incorporate it in Tigard's immediate urban growth boundaries.
Cordially yours,
CITY OiFTIGARD/�
Wilbur A. Bishop,
Mayor
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CC : Rick Daniels
Bill Monahan
Bob Jean
Rick Gustafson
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
James Sitzmar
Washington County Commissioners
newsletter
nubs & boi s lCMA 82
October 4, '19
i
A detective with the Police Department in Tigard, Ore. (pop. 17,300, Robert
STOMP Jean, CP.) , has developed a reference guide for identifying the sole prints of
OUT athletic shoes. This investigative tool has over 160 photos in eight classifi-
CRIME and brands of particular shoe soles.
cations, cross-referenced to show logos
This information has been useful in determining latent shoe prints and developing {
suspects and dePcOiPBoxn2063FoBeaverton,'Orerma97oo75'c503i63�D4171tive Corporal
Don A. Meyers,
SMILEI Macon, Ga. (pop. 116,860, Don Scalf, CAO) , has adopted an ordinance requiring
convenience stores, which stay open during late-evening hours and sell beer or
YOU'RE ON alcoholic beverages, to install cameras with video retrieval capability. The
CANDID vulnerable
Armed Robbery Task Force's research indicated these stores were far more
vulnerable to armed robbery, mayhem, and homicide by a five to one ratio. The
CAMERA Police Department offers expertise in security camera selection, installation,
and maintenance to any business requesting it. Exemptions from the ordinance
requirements are granted to those businesses employing two or more employees or
those that close by 9 PM (on weekdays) or 11 PM (weekends) . Also excluded are
stores that do not sell alcoholic beverages.
Not only did this ordinance pass city council by a wide margin, it has been
enthusiastically received by the public and employees of convenience stores.
The stores must comply with the ordinance's provisions within two months but
while the council deliberated and studied the issue, over 80 percent voluntarily
installed cameras anyway. The cameras must be approved by the chief of police
or a designated technician and costs for installation are approximately $400.
Information is available from Don Scalf, Chief Administrative Officer, City
of Macon, P.O. Box 247, Macon, Ga. , 31298, 912/744-7000.
HANDLE A Harbor Beach, Mich. (pop. 2,000, John Berchtold, CA) , has a unique method of
promoting,
for it, a new industry--fishing and tourism. The city produced a
WHOPPER promotional flyer that will be enclosed with every piece of correspondence sen
from city offices including the Police Department. The flyer features a map,
a listing of the year's events, and photos--including fish (one, an 18epound
salmon) that no one who loves fishing could possibly pass up.
For mor
information, contact City Administrator 4John Berc441 , /479d, City of Harbor Beach,
149 First Street, Harbor Beach, Mich.,
-9461 .
An article on labor/management cooperation in New York City's (pop. 7,071 ,000)
RANK sanitation department appeared in the July 1982 Productivity Brief 15, published
FILES by the American Center for Productivity. The cooperative approach described in
this publication is different from most. The city decided traditional approaches
IMPROVE- would not be satisfactory due to prior conflicts between labor and management
MENTS and the resulting suspicions that have lingered. Therefore the following strategy
and procedure were devised.
The city asked various trade unions to recommend some outstanding candidates--
people interested in progress, change, and improvement--from whom the members
of a Labor Committee would be chosen. The unions understood the members of this
committee would report directly to the deputy commissioners; work on projects to
solve operational and working condition problems; meet weekly with the commis-
sioner and top-level managers; be free to inform the union leadership of any
policy matters discussed or operating decisions made at these weekly meetings;
or advise the leadership of any other items that came to the committee members'
attention during the course of their work. These commitments carried
l extremely effective message to the union leadership and generated immediate
7
WILBUR BISHOP
10590 S.W.COOK LANE • TIGARD,OREGON 97223
PHONE (503) 620-5399 or 639-1052
September 29, 1982
TO THE TIGARD MUNICIPAL EMPLOYEES ASSOCIATION:
Re: A statement of policy in the Tigard mayoralty election.
America was built and has survived on the theory that all
of us believe in respect and observance of the laws of our
land. We reserve the right to amend and change them but not
to ignor them or circumvent them by devious methods.
This is the case we are faced with today in Tigard. We
have an announced person running for mayor who lived in Kodiak
Alaska until July 8, 1982 and then returned to a house in
Tigard he had left in October, 1981 . In the meantime he registerd
to vote in Kodiak, Alaska, swearing to the fact that Kodiak was
his legal residence to Kodiak election officials.
The city of Tigard's charter requires one year residence,
uninterupted, in a location that has been inside the city
limits for at least one year immediately preceding the general
election.
This requirement of the charter may be changed by a vote
E. of the people buz is the law until the people decide to change
the charter.
In effect this is like the speed zone on Durham Road which
is set by state law and the Highway Department at 40 miles per
hour. Now, Mr. Howard may wish to travel at 55 miles per hour--
and break the established law on the basis that he will get the
Summefield people and the city of Tigard voters to help amend
this law to 55 miles per hour. Or to get the majority of the
City Council to violate its oath of office to uphold the law
and agree to let him break the law before the people have voted
to change this specific condition in order to accomodate Mr.
Howard.
I do not believe that this approach or theory would hold
up in any court. And until it does I do not consider Mr. Howard
to be a legal candidate under the laws of Tigard or the state
of Oregon.
On this basis and in view of the fact that responsible
legal opinion has advised the Tigard City Recorder and the
City Council that Mr. Howard does not legally qualify under the
residential requirement according to city and state laws to
appear on the election ballot, I find that it would be inapprop-
riate to participate in any campaign activity that acknowledges
Mr. Howard as a legal candidate or with any group that accepts
him. as a legal candidate under city and state law. If he does
not qualify to appear on the general election ballot he does
not qualify as a write-in candidate.
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October 11, 1982
MEMORANDUM
TO: Mayor Bishop
FROM: Loreen Wilson, Office Manager
SUBJECT: Oregonian Publications
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Per your phone request of this date, the City has not been paying for meeting i
notices to be published in the Oregonian. Our practise had been to mail an
agenda to the Oregonian on Thursday each week. However, they stated they
wished to be removed from the mailing list since their reporter picked up the
packet and would give them the information. The reporter also receives a
monthly meeting calendar in his packet.
( Staff is willing to do whatever is necessary to find a remedy to this
situation.
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CC: Bob Jean, City Administrator
l� 4
From the desk of. . .
Dori Rickert /4�1� �
T0: STR TOR
DATE: OCTOBER 11, 1982
MAYOR BISHOP CALLED THIS A.M. AT 9:30: HE ASKS THAT
YOU READ PAGE B-5 OF THIS MORNINGS OREGONIAN.
HE REFERS TO THE FACT THAT TIGARD HAS NO MEETING
NOTICES PUBLISHED, AND STATED THAT WE HAVN'T HAD
THEM PUBLSIHED ON A REGULAR BASIS, THROUGH FAULT
OF THE CITY AND/OR THE CORRESPONDENT FOR THE OREGONIAN.
MAYOR BISHOP REQUESTS THAT WE SEND OUR MCNTHLY
MEETING CALENDAR AND ALL OTHER NOTICES FOR SPECIAL/REGULAR
CITY COUNCIL/PLANNING COMM./ETC. TO:
DAVE HOGAN
THE OREGONIAN
10245 S.W. PARKWAY
PORTLAND, OR 97225
THE MAYOR CALLED THE OREGONIAN BUREAU HEAD AND THE
ABOVE ADDRESSED WAS RECOMMENDED FOR MAILINGS OF
MEETING NOTICES.
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