City Council Packet - 04/15/1985 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate
APRIL 15, 1985, 7:30 P.M. sign-up sheet(a). If no sheet is available,
FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start
10865 SW WALNUT of that agenda item. Visitor's agenda items
TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer
matters can be set for a future Agenda by con-
tacting either the Mayor or City Administrator.
1. SPECIAL aEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items
2. VISITOR'S AGENDA (2 Minutes or Less, Please)
3. KEYS TO THE CITY
o Mayor Cook
4. WCCLS 6 COUNTY LEVY DISCUSSION
a City Administrator
5. ZONE ORDINANCE AMENDMENT ZOA 8-E4 CITY OF .�
ORDINANCE NO. 85-
0 Director of Community Develops,?'
6. SOLAR ACCESS STUDY DISCUSSION
o Director of Communis; . :Iopment
7. PUBLIC SIDEWALKS MAINTEU NCE 6 REPAIR ADOPTING REVISIONS - PUBLIC HEARING
The Tigard City Council will consider revisions to existing public
sidewalk maintenance and repairs.
o Public Hearing Opened
o Summation by City Engineer
o Public Testimony
o Recommendation by City Engineer
o Public Hearing Closed
o Consideration by Council
o ORDINANCE NO. 85-
8. CONSENT AGENDA: These items are considered to be routine and may be +
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
8.1 Approve Minutes of April 8, 1965
8.2 Approve OLCC Application for 7-Eleven Store, 12045 SW Hall Blvd.,
Tigard (near corner of Pacific Hwy. b Hall Blvd.) RMB
8.3 Approve Community Development Land Use Decisions.
o Director's Approval for HOP 4-85 4 HLP 2-85
o Director's Approval for HOP 5-85, HOP 6-85, 6 HOP 7-85
o Final Order No. 85-05PC 6 65-06PC
a Hearings Officer Findings for SL 2-85/V 3-85
9. NON-AGENDA ITEMS: From Council and Staff
10. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1)(d) to discuss Labor
Relations issues.
11. ADJO'JANtNT
(pm/2622A)
COUNCIL AGENDA - APRIL 8, 1985 - PAGE 1
T I G A R D C I T Y C 0 U N C I L
SPECIAL MEETING MINUTES - APRIL 15, 1985 - 7:30 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian (arrived
at 7.37 P.M.), Phil Edin, Jerry Edwards, and Ima Scott;
City Staff: Frank Currie, City Engineer; Bob Jean, City
Administrator; Bill Monahan, Community Development
Director; Tim Ramis, Legal Counsel (arrived at 7:37 P.M.);
and Doris Hartig, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS
Add the following:
a, State Sales Tax Status Report by City Administrator
b, City Administrator Employment Contract - Phil Edin
C. Howard Williams letter - Ima Scott
31 VISITOR'S AGENDA
No one appeared to speak
4. KEYS TO CITY
a. Mayor Cook presented Key to City to Robert Bellinger for his
service on Parks & Recreation Board. Starf will mail certificate
to Myrna Pinkerton.
5. WCCLS & COUNTY LEVY DISCUSSION
a. City Administrator noted the County has not called for an election
date. He reported on the status regarding an acceptable levy for
Washington County libraries. He will keep Council advised.
7:37 P.M. COUNCILOR BRIAN AND ATTORNEY RAMIS ARRIVED
6. ZONING ORDINANCE AMENDMENT ZOA 8-84
a. Director of Community Development summarized memo and recommended
adoption.
ORDINANCE NO. 85-15 AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT
CODE AND DECLARING AN EMERGENCY (ZOA 8-84)
b. Motion by Councilor Edin, seconded by Councilor Scott to adopt.
Discussion followed regarding section 18.94.010 and 18.94.040
regarding pre-existing covenants, conditions and restrictions.
C. Motion by Councilor Brian, seconded by Councilor Edin to amend
section 18.94.040 by adding "residences shall be permitted in the
absence of covenants conditions and restrictions" in any zone
permitting. . . . .and amend section 16.94.010 by deleting all the
underlining except "manufactured homes on individual building".
Motion carried.
Ordinance as amended approved by unanimous vote of Council present.
page 1 - COUNCIL MINUTES - APRIL 15, 1985
7, SOLAR ACCESS STUDY DISCUSSION
a. Director of Community Development reviewed memo to Council
regarding the City's participation in the access study. Council
discussed City staff involvement and commitment to implement
results to the study. The City would like to support the study
but not make any commitments at this time.
RESOLUTION NO. 85-23 RESOLUTION OF THE 'TIGARD CITY COUNCIL SUPPORTING
THE EFFORTS OF THE OREGON DEPARTMENT OF ENERGY
AND OTHERS TO SECURE FUNDING 'TO UNDERTAKE A SOLAR
ACCESS STUDY.
b. Motion by Councilor Edin, seconded by Council Brian to approve.
Approved by 4--1 majority vote of Council, Councilor Scott voting
NAY.
8, PUBLIC SIDEWALKS MAINTENANCE AND REPAIR ADOPTING REVISIONS
a, City Engineer synopsized history and the intent of the ordinance.
He commented it does not require the property owner to repair
anything but places responsibility on the property owner.
PUBLIC HEARING OPENED
b. Mrs. Ball inquired who owned the sidewalks, and would a homeowners
policy cover any Liability.
a Discussion followed regarding liability, assigning responsibility
to the home owner and policy in other cities.
PUBLIC HEARING CLOSED
ORDINANCE NO. 835--16 AN ORDINANCE'. ADDING TO THE TIGARD MUNICIPAL CODE,
CHAPTER 15.08, SIDEWALKS, PLACING, THE MAINTENANCE
AND REPAIR OF PUBLIC SIDEWALKS AND LIABILITY ON
ABUTTING PROPERTY OWNERS, AND REPEALING SECTION
7.32.100 FAILING TO REMOVE ICE OR SNOW.
C. Motion by Councilor Brian, seconded by Councilor Edin, to adopt.
Approved by 3-2 majority vote of Council with Councilor Edwards
and Scott voting NAY.
Second reading of ordinance required.
9. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
a, Motion by Councilor Brian, seconded by Councilor Scott to:
9.1 Approve Minutes of April 8, 1985
Page 2 — COUNCIL MINUTES — APRIL 15, 1985
i
9.2 Approve OLCC Application for 7-Eleven Store, 12045 SW Hall Blvd. ,
Tigard (near corner of Pacific Hwy. & Hall Blvd.) RMB
9.3 Approve Community Development Land Use Decisions.
o Director's Approval for HOP 4-85 & MLP 2-85
o Director's Approval for HOP 5-85, HOP 6-85, & HOP 7-85
o Final Order No. 85-05PC & 85-06PC
o Hearings Officer Findings for SL 2-85/V 3-85
Approved by unanimous vote of Council present.
10. NON-AGENDA ITEMS
10.1 STATE SALES TAX
City Administrator summarized status of legislation and the effect
on cities, general purpose governments and schools. Discussion
followed regarding implications, questions on limitation and
amounts.
10.2 EMPLOYMENT CONTRACT
Councilor Edin requested Council direction in preparing the City
Administrator's employment contract. Consensus of Council,
Councilor Edin and City Administrator to work out a mutually
agreeable contract and then submit in final form to entire Council.
10.3 HOWARD WILLIAMS LETTER
Councilor Scott reported Mr. Williams unhappy about letter.
Community Development Director responded that staff has contacted
Mr. Williams, however, City feels everyone should be treated
equally and that Mr. Williams should let the City know in advance
what he plans on doing.
10.4 SUMMERFIELD VANDALISM
Councilor Scott reported Dave Adkinson unhapy with Council
response to his last appearance before Council. Mr. Adkinson
wanted to make the City aware of a problem. Council discussed
limited resources and Level I service in the City.
10.5 J.B. BISHOP HORSES
Councilor Scott requested an update regarding horses grazing on
Tigard West property. Director of Community Development responded
that staff had checked complaint and at that time they were not in
violation of the City code but it could be a problem sometime in
the future.
10.6 RUMMAGE SALE
Mayor Cook expressed appreciation to volunteers for work over
weekend on library rummage sale.
page 3 - COUNCIL MINUTES - APRIL 15, 1985
MEETING RECESSED AT 8:35 P.M.
11. Council went into Executive Session under the provisions of ORS
192.660(1)(d) to discuss Labor Relations issues.
12. MEETING ADJOURNED AT 9:20 P.M.
Deputy City Recorder — City.pf Tigard
A'!TEST:
or — City of Tigard
(DN/pm/2652A)
Page 4 — COUNCIL MINUTES — APRIL 15, 1985
TIMES PUBLISHING COMPANY Legal 7-6324
P.O.BOX 370 PHONE(503)684-0360 ^ �
BEAVERTON,OREGON 97075 REC
Legal Notice Advertising
Q'City of Tigard i 0Tearsheet Notice CITY OF TIGARD
oP.O. Box 23397 • ❑ Duplicate Affidavit
Tigard, OR 97223
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
,,Susan Pinkley _
being first duly sworn, depose and say that i am the Advertising
Director, or his principal clerk, of the Tigard Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
-rites Council Special Meeting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for____ 1 successive and
consecutive in the following issues:
Aril 11,-12B-5
bscribed and n-t befor me this 12,_1285
Oscribedannd
of 91YPublic for Oregon
My Commission Expires: d1,10/Sg
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PHONE(503)684.0360 �I V ED #
P.O.BOX 370 D,
BEAVERTON,OREGON 97075
Lege! Notice Advertising
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CITY OF TIGARI)
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City of Tigard ❑ Tearsheet Notice �4
P.O. Box 23397
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AFFIDAVIT OF PUBLICATION t
STATE 4")7: OREGON, )ss
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being first duly sworn, depose and say jhpt I am tIV.Advortising
Director,or his fvincipal clerk, of the
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a newspaper of general circulation as defined
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and 193.020; published at '
of resaid coup and,state:that,the 4'
�Publa.r Hea�r.L - Notice —
a printed copy of which is hereto annexed, was published in the a'
entire issue of said newspaper for—_--1. _successive and
consecutive in the following issues: ,
1985 _ ------ — _--
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AGENDA ITEM # 2 — VISITOR'S AGENDA DATE April 15 1985
r (Limited to 2 minutes or less, please)
4
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but time may
require that we schedule your items for a future agenda. Please contact the
City Administrator as to agenda scheduling. Thank you.
NAME, ADDRESS & AFFILIATION ITEM DESCRIPTION
DATE April 15, 1985
• I wish to testify before the Tigard City Council on
F. the following item: (Please print the information)
1 .
Item Description: #7 PUBLIC SIDEWALKS MAINTENANCE
S REPAIR ADOPTING REVISIONS
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: APRIL 15,
2485 AGENDA ITEM #:
DATE SUBMITTED: April 9, 1985
PREVIOUS ACTION: N/A
ISSUE/AGENDA TITLE:
� rn the City PREPARED BY: Donna Corbet
rro..
REQUESTED BY: Council
DEPARTMENT HEAD OK: _--
CITY ADMINISTRATOR:
masaaamxxssssmaassasmaammasmxssaarsusaxasssas----msm s'aaami saasammaxasasmssaassmseas
INFORMATION SUMMARY
The following former Board and Committee members are being recognized for
service to the City by issuing "Keys to the City".
Myrna Pinkerton Parks and Recreation Board
Parks and Recreation Board
Robert Bellinger
i
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ALTERNATIVES CONSIDERED
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SUGGESTED ACTION
N/A
(dc:0546p)
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 15, 1985 AGENDA ITEM f/: y _
DATE SUBMITTED: April 11, 1985 PREVIOUS ACTION: Planning Commission
ISSUE/AGENDA TITLE: ZOA 8-84 Rec. _3/5/85, Council approved 4/8/85
Manufactured Homes, Flag lots/ PREPARED BY: William A. Monahan
Height Limits REQUESTED BY:
DEPARTMENT HEAD OK: 1��� CITY ADMINISTRATOR: _
POLICY ISSUE
INFORMATION SUMMARY
On April 8, 1985, the City Council held public hearings concerning ordinance
revisions to the Community Development code relative to 1) Manufactured Homes
on individual lots and 2) Flag lots and height limits. The council approved
both proposals and directed the staff to prepare an ordinance for adoption
based on the Council's input.
The ordinance is attached for adoption.
ALTERNATIVES CONSIDERED
1. Adopt the ordinance as submitted
2. Modify the ordinance prior to adoption.
SUGGESTED ACTION
Adopt the ordinance as submitted.
1199P
ORDINANCE NO. 85—
Page 5
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CITY OF TIGARD, OREGON
~ COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 15, 1985 AGENDA ITEM #:
DATE SUBMITTED: April 11, 1985 PREVIOUS ACTION: Council consideration
ISSUE/AGENDA TITLE: on April 8 1985
Metropolitan Area Solar _ PREPARED BY: William A. Morahan
Access Study REQUESTED BY: Department of Energy
DEPARTMENT HEAD OK: (���% CITY ADMINISTRATOR:
POLICY €.SSUE
INFORMATION SUMMARY
The State Department of Energy has requested our support of their application
for the funding of a solar access study from BPA. The project has several
benefits which Tigard can share in with minimal investment.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution.
L. Take no action.
SUGGESTED ACTION
Adopt the attached resolution.
(WAM:pm/1201P)
I1
MEMORANDUM
CITY OF TIGARD, OREGON
T0: City Council April 11, 1985
FROM: William A. Monahan V
Director of Planning & Development
SUBJECT: Metropolitan Area Solar Access Project
The State Department of Energy has proposed that Tigard endorse an application
which the State will prepare for funding from BRA to prepare a solar access
study, The study will be directed at evaluating the need for local government
regulations which would preserve solar access rights. Mike McKeever spoke at
the April 8, 1985, Council meeting where he explained the program and
requested Council support. At that time, the Council felt that it had
insufficient information, therefore, I was requested to develop a short memo
on the issue.
From my perspective, I feel that Tigard's participation in the project, if it
is funded, will be beneficial for the following reasons:
1. The issue of solar access has already surfaced in Tigard in one
land use action. At that time one neighbor suggested that we
preserve solar rights in our Code. By participating in the study,
we can assess the pros and cons of adopting an ordinance with
limited City investment of resources.
2. Tigard has stated in its Comprehensive Plan the following
Implementation Strategies, found on page II-63 of the plan:
4. The City shall, in the Tigard Community Development, allow for
more flexibility in structure siting to provide for maximum
solar exposure.
5. The City shall review the feasibility of implementing a solar
access ordinance and wind generation provisions.
To date the staff has not taken steps to comply with these strategies. Again,
this project could perform the work for us.
3. Staff participation from my office would be part of the project.
Keith Liden of my office has experience and knowledge of solar
access and would be designated as our representative.
S
a
MEMO
APRIL 11, 1985
PAGE 2
q, Upon completion of the study, Tigard has no obligation to adopt
any recommendations of the project. If we feel that the
recommendation would either be too costly to administer, too
restrictive on individual propepublic,
rtty s, we do not too difficult have to
understand and interpret by
he implement the ordinance.
At this time the State is requesting our support of their application. if
in 1et
of the
funded, we then 11 �awill belaffordedto yad quateinputtonsuresthat the
work. I feel thw
project isof
f benell fit
t a ustudy ntof fere} to nut
ifdand whenlaaccess
we s evefurther controversy
Wee at leasw
arises and we are asked to study the issue.
I recommend that the attached resolution be adopted.
(WAM:pm/1201P)
(
Sr
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 15, 1985 AGENDA ITEM M:
DATE SUBMITTED: _ PREVIOUS ACTION: Discussion of
ISSUEIAGENDA TITLE: Sidewalk January 211 1985
Policy Public Hearing PREPARED BY: City Engineer/City Council
REQUESTED BY:
DEPARTMENT HEAD OK: G l; CITY ADMINISTRATOR:
~T INFORMATION SUMMARY
Attached is an ordinance confirming the assignment of responsibility and
liability for sidewalk maintenance to the adjacent property owner. This
ordinance has been tentatively approved as to form and intent on January 28,
1985. The proposed ordinance has been sent to NPO chairman and received
publicity in the Tigard Times. The proposed ordinance has been reviewed and
modified by the City attorney's office. The proposed ordinance only assigns
liability and responsibility it does not direct any inspection or corrective
action. Such action would be subject to specific Council attention and
direction.
ALTERNATIVES CONSIDERED
1. Continue with present language, which is unclear and does not address the
issue of liability.
�! SUGGESTED ACTION
Staff recommends Council approve the assignment of responsibility and
liability of sidewalk maintenance to the adjacent property owner by passage of
the attached ordinance.
(FAC:bsl1200P'
r
3. VISITOR'S AGENDA
a. Joe Cranford, Manager of Walnut- Cou'ht Apartment -.45 ted 7,4► rt" S
tenants are complaining the noise,. level from the`;outsiaie ap�aker i
at Wendy's is too loud to sleep'and`very'ann' 60tng Nett t�►t: i,hQ? "'
had contacted the -Manager of the local 'Wendy's and; also tha ,
corporate office with- no results..
b. Nancy Gibbs, 9870 SW McKenzie #2, also :stated there were
complaints from her apartments regarding -the noise .level. - She
stated the speaker was aimed at the car and truck roof:top level.
She suggested possibly aiming the speaker towards the ground
C. Susan -Rembert, 9850 SW McKenzie N2, stated she has had problems
sleeping late at night because of the loud noise from the speaker.
City Administrator. stated he would contact both the Wendy's local r
manager and the corporate office to see if they could work
together informally. Staff will go to the location and take a
decibel reading.
F
SIDEWALK POLICY (Parker/Drookwell) ;
City Engineer stated the Council received a draft ordinance in their
packets. The intent of this ordinance is to put the responsibility of
maintaining the sidewalks on to the adjacent property owners. He
suggested this be greatly published in the newsletter and newspaper.
This issue will be brought back in the first part of March as a public
hearing.
i
s
i
1
Page 1 - COUNCIL MINUTES - JANUARY 28, 1985
r
i
t
t
i
Councilor Edin arrived at 8:03 P.M. s
Councilor Edwards asked if the new ordinance would give the City
inspection power to do work on sidewalks if the owner does not and then
charge the property owner? He stated he would not want to see this
happen.
City Engineer said no because standards would have to be set.
City Attorney stated the Council would have to make a policy decision on
who was going to maintain the sidewalks.
Council consensus was to go with the draft.
5. NOVARE STREET SIDEWALK VARIANCE
Director of Community Development stated this is a unique cul-de-sac.
The sidewalk would only affect the adjacent property owners and it is a
short cul-de-sac. Landscaping and underground sprinkler systems have
been put in the location of the proposed sidewalks. Since the City
issued permits before the sidewalks were constructed, the planning staff
recommends the variance be granted.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA O �Janua�ry28�, 1985 AGENDA ITEM #:
DATE SUBMITTED: January 23, 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Sidewalk
Maintenance and Assignment of PREPARED BY: City Engineer
_Liability Issue REQUESTED BY: Community Development
DEPARTMENT 14EAD OK: �� s �� CITY ADMINISTRATOR: _
INFORMATION SUMMARY
Attached is a memo from the City Attorney's office identifying a potential
problem related to sidewalk repair and maintenance. Our code is silent as to
sidewalk repair and only addresses maintenance, as to the responsibility to
remove snow and ice, or to otherwise render icy conditions safe. (Highlighted
copy attached).
As you can see, if we wish to assign the responsibility and liability to the
landowner, we must do so specifically and without limits.
I have prepared a new chapter for Title 15, which is attached. Legal staff
recormgends we give generous coverage in our newsletter, the newspaper and
perhaps N.P.O. 's of our intent.
ALTERNATIVES CONSIDERED
1. Leave code as is and recognize the risk.
2. Alter proposed ordinance and act.
SUGGESTED ACTION
Staff recommends Council affirm it's intent to assign the duty and liability
for maintenance and repair of sidewalks to the landowner and that said
intention be made known to the community through public notice in the City
newsletter, the local newspaper and taken to the N.P.O. 's.
(FAC:br/0200S)
I
i
' � 3
�. CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
E
AN ORDINANCE ,.LNG TO THE TIGARD MUNICIPAL CODE, CHAPTER 15.08 SIDEWALKS,
SECTION 15.08.020 MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS AND REPEALING
SECTION 7.32.100 FAILING TO REMOVE ICE OR SNOW
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that recent cases decided by the Oregon Court of
Appeals would render the City's existing code relating to sidewalk maintenance {
inadequate as to protection of the public' s interest in reference to
assignment of liability.
Section 2: The Council declares it's intent to assign and impose the duty to
maintain and repair public sidewalks, and the liability for failure to do so,
on the abutting land owner.
Section 3: The Council hereby adds to the Tigard Municipal Code, a new
chapter as follows:
Chapter 15.08 Sidewalks
Sections 15.08.020 Maintenance and Repair of Public Sidewalks
It shall be the duty of all persons owning lots or land which have public
sidewalks abutting the same, to maintain and keep in repair said sidewalks and
not permit the same to become or remain in a dangerous or unsafe condition.
Maintenance shall include, but not be limited to, the removal of snow and ice.
Any owner of lots or land who neglects to promptly comply with the provisions
i
of this section shall be fully liable to any person injured by such negligence.
Section A: The Council hereby repeals Section 7 32 100 Failing to Remove Ice
or Snow
z
t
PASSED: By vote of all Council members present after
being read by number and title only, this day
Of 1985.
Deputy City Recorder - City of Tigard
APPROVED: This _ day of 1985.
Mayor - City of Tigard
1
(O200S)
ORDINANCE No. 85-
7.32.
100 - Failingto remove ice or snow. (a) A person
commits the crime of failing to remove _snow or ice if he,
be- 1
f. ixig the ten!a oco ' o flersen having the care of a build-
or
the
of land bordering on a street where there is a sidewalk ,
or if there be no tenant, occupant or caretaker, then the own-
er thereof:
(1) Fails or neglects , within the first six hours
of daylight after snow ceases to fall, to remove the snow 4
From the entire length of said premises for a spate also not ltcs
than three feet in width. This section shall appy
snow which has fallen from any roof or building.
(2) Fails, in the evert any portion of said side-
walk is covered with ice, to cause such sidewalk to be made
safe for travel day-
other
by covering same with sand, ashes, or s
other suitable substance within the first six hours of da `
light after the formation of said ice.
(b) Failing to remove snow or ice is a violation. (Ord.
72-21 Art. 8 §15, 1972) .
7 . 32. 110 Public indecency. " (a) A person commits the
crime of "public indecency ' , the first degree" if while in,
or in view of, a public plac he performs: i
(1) An act of sexual intercourse; or
{2) An act of deviate sexual intercourse; or
(3) An act of exposing his genitals with the intent
of arousing the sexual desire of himself or another person.
(b) A person commits the crime of "public indecency in
the second degree° if he urinates or defecates in a public
place or a place visible from a public place (other than a
public restroom) .
(c) Public indecency in the first degree is a Class A
misdemeanor-
(d) Public indecency in the second degree is a violation.
(Ord. 81-126 §l, 1981: Ord. 81-36 §1, 1981: Ord. 72-21 Art.
5 54 , 1572) . t
7.32 120 Discharge of wef No person other
�weapons. � l
ge
than an au'`ho ized ppeace of_fi er shall fire ordforce rof
within the city any gun or weapon which acts
gunpowder or other explosive, or by the use off
jet or rocket
propulsion.
(b) The provisions of this section shall not be con-
strued to prohibit the firing or discharging of any weapon:
(1) By any person in the defense or protection of
his pro- srt_ , person or family;
(2) At any place duly designated or commonly used
for tr M-t practice.
k_ aztla1s A
violation of this section ismisdemeanor.
(Ord. 83-60 §1, 1984 : Ord. 73-11 51 (p
7.32. 125 CaFryinq loaded firearms . As used in this
section, "firearm" means a pistol, revolver, gun, rifle, or
other mechanism, including a miniature weapon which pro-
jects a missile or shot b1
force of gunpowder or any other
explosive, or by spring or by compressed air.on a public street
(a) it is unlawful for any person
or in a public place to carry a firearm upon his person, or
in a vehicle under his control or in which he is an occupant,
unless all the ammunitionhas been rineVed from the chamber
and from the cylinder, p
CITY OF TIGARD, OREGON
COUNCIL AGENDA IT0M SUMMARY
.° AGENDA OF: 4-15-85 AGENDA ITEM M: C� s
DATE SUBMITTED: 4-10-85 PREVIOUS ACTION: Prior approval by
ISSUEEAGENDA TITLE: City Council
OLCL' ti.cense Application PREPARED BY: Chief R.B. Adams
REQUESTED BY: Chief R.B. Adams
DEPARTMENT HEAD OB(: CITY ADMINISTRATOR:
POLICY ISSUE
Established City Council policy to allow for the package sale of beer and
urine at convenience markets.
INFORMATION SUMt"4ARY
BUSINESS: 7-ELEVEN S'IC)RE
12045 SW Hall Blvd., Tigard
NEW PARTNERS: MANSFIEED, Michael T. and Vickie J.
APPLICATION: Beer and Wine (RMB) Package Store outlet
This is a franchise partnership with the above and the Southland Corporation.
This business is presently licensed as above, to Southland Corporation and
Clark and Marjorie Henry.
ALTERNATIVES CONSIDERED
SUiSTED ACTION
ReccmTend approval of the application, and forwarding to OLCC.
CITY OF TIGARC, OREGON
COUNCIL AGENDA ITEM SUMARY
AGENDA OF: April 15, 1985 AGENDA ITEM
DATE SUBMITTED: April 9, 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Director's Approval
for HOP MLP 2-85 '
PREPARED By: Community Development
_ &
REQUESTED BY:
DEPARTMENT HEAD OK: ��/—" \ 'CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached are the Director's decisions for HOP 4-85 for a professional typing service
s to
parcel into SW two Parcels,locatedreet, and p 2-85 westtoffSWm121stJAve. , andsouthlofde a 21 .38 Schoils Ferry Rd.
parcel into _
ALTERNATIVES CONSIDERED
1. Receive and File
2. Motion to remove from consent Agenda and call up for Council review at
a later meeting.
--- SUGGESTED ACTION
Receive and file.
S.R .
CITY OF TIGARD
NOTICE OF DECISION
HOME OCCUPATION HOP 4-85
APPLICATION: A request by Sharon Ullrich for a Home Occupation Permit for an
office for operation of a professional typing service in the home on property
zoned R-4.5 located at: 13500 SW 121st Street (Wash. Co. Tax Map 2S1 3CD, lot
4500).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above application subject to certain conditions. The
findings and conclusions on which the Director based his decision are as noted
below. €
t
4 -
€
A. FINDING OF FACT G
€
1. Background €
E
No previous applications have been reviewed by the Planning
Department on this property.
2. Vicinity Information
The surrounding property is all designated lour density on the
Comprehensive Plan Map. (Single Family Residential) E
i
3. Site Information and Proposal Description i
There is a 1,580 square foot home on the property. The applicant
is proposing to use 132 square feet for the business. The
applicant and family will occupy the remainder of the home. The
business use will be limited to less than 25% of the home.
4. Agency and NPO Comments
None.
B. ANALYSIS AND CONCLUSION
It appears as though the proposal could be in conformance with the
provisions set forth in Chapter 18.142 of the Tigard Municipal Code with
the condition that no customers are allowed to come to the dome to
conduct business.
C. DECISION
Home Occupation Permit HOP 4-85 is approved subject to the following
conditions:
1. There shall be no people working in the home in conjunction with
the business who are not residents of the home.
2. There shall be no signs or advertising visible from the exterior
of the premises.
3. There shall be no customers or clients coming to the residence in
conjunction with the business.
4. The Home Occupancy Permit shall be renewed annually.
5. A Business Tax shall be paid annually for the business.
6. This approval is valid if exercised within one year of the final
decision date noted below.
D. PROCEDURE
I. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant S owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON April 15, 1985 UNLESS AN APPEAL
IS FILED.
3. Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of. the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 5:00 P.M. April 15, 1985 .
4. Questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639 -4171.
Willi A. Monahan, Director of Planning d Development DATE APPROVED
�r�..-- --.._�_.�.. •. i irk r 4
r .
(EAN:pm/1152P)
.�- : t
NOTICE OF DECISION - HOP 7-85 - PACE 2
E
2. There shall be no signs or advertising visible from the exterior
of the premises.
3. There shall be no customers or clients coming to the residence in
conjunction with the business. !
t
4. The Home Occupancy Permit shall be renewed annually.
5. A Business Tax shall be paid annually for the business.
valid if exercised within one year of the final
6. This approval is
decision date noted below.
D. PROCEDURE
published in the newspaper, posted at City
1. Notice: Notice was
Hall and mailed to:
i
XX The applicant b owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
i
2. Final Decision:
THE DECISION SHALL BE FINAL ON April 15, 1985 UNLESS AN APPEAL
i
IS FILED. '
}i
S
3. Apypeal;
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Dev
edowithtthe Code
RECORDER within that
within
filed
10 days after notice is given
€ile
and sent.
The deadline for filing of an appeal is 5:00 P.M. April I51 1985 .
4. s!I ions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
DATE APPROVED
Willi A. Monahan, Director of Planning b Development
(EAN:pm/1152P) -- f ---'-�- ����7
r :
NOTICE OF llui' , -t5' PAGF.
- CITY OF TIGARD
f NOTICE OF DECISION
MINOR LAND PARTITION (MLP 2-85)
APPLICATION: Request by S S J Builders to divide a 21.38 acre parcel into two
parcels of 5.81 and 15.57 acres each on property zoned C-P (Commercial
Professional) and R-25 (Residential, 25 units/acre) and located west of 121st
Ave. and south of Scholls Ferry Rd. (Wash. Co. Tax Map 1S1 34BC, Tax Lots 400
and 401).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above described application subject to certain
conditions. The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1. Background
The Comprehensive Plan adopted in 1983, designated the northern
section of the property for Commercial Professional and the larger
southern portion for Medium-High Density residential use. Site
Development Review approval for a 304 unit apartment complex on
the southern segment of the property was granted in 1984 (SDR
22-84) and construction has begun on this project. A
Comprehensive Plan Amendment/Zone Change application to modify the
designation of the northern section of the parcel to Commercial
General (CPA 3-85/ZC 3--85) is being reviewed by the City.
2. Vicinity Information
The Greenway Town Center and Scholls Ferry Road lie to the north,
an undeveloped phase of Summerlake (zoned R-7PD) is to the west,
an undeveloped parcel zoned R-7PD is to the south, and Woodspring
Condominiums lie to the west. An unimproved 40-foot wide road
right-of-way is situated between the subject property and the
condominiums. The areas to be east and west are "Established
Areas" as identified in the Comprehensive Plan. f
3. Site Information and Proposal Description
The southern portion of this "L" shaped property is in the initial
stages of construction and the northern section is undeveloped.
The applicant proposes to divide the property into two parcels in
a manner that coincides with the two zoning designations which
apply.
4. Agency and NPO Comments
The Engineering Division has the following comments:
a. Additional right-of-way should be dedicated along the
Scholls Ferry Road frontage for a total right-of-way width
from centerline of 45 feet.
NOTICE OF DECISION - HLF 2-85 - PAGE 1
b. The conditions of approval for SDR 22-84 shall remain in
effect.
C. Half-street improvements along the Scholls Ferry Road
frontage will be required as a condition of development.
The Building Inspection Office has no objection to the request.
No other comments have been received.
B. ANALYSIS AND CONCLUSION
The proposed partition is consistent with Section 18.162.030 and other
relevant portions of the Community Development Code for the following
reasons:
I. The division is logical relative to the two Plan and zone
designations which apply to the property and it will be separated
along the boundary between commercial and residential use.
2. The parcels exceed the minimum lot dimension requirements of the
C-P and R-25 zones.
3. Adequate facilities are available to the site.
C. DECISION
The Planning Director approves MLP 2-85 subject to the following
conditions:
1. ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE PARTITION. THE
SURVEY MAP AND NECESSARY DOCUMENTS SHALL BE SUBMITTED TO THE CITY
FOR APPROVAL. AFTER REVIEW A14D APPROVAL BY THE PLANNING DIRECTOR,
THE CITY SHALL RECORD THE PARTITION WITH WASHINGTON COUNTY.
2. Additional right-of-way shall be dedicated to the public along the
SW Scholls Ferry Road frontage to increase the right-of-way to 45
feet from centerline. The description for said dedication shall
be tied to the existing right-of-way centerline as established by
Washington County. The dedication document shall be on City forms
and approved by the Engineering Section.
3. The conditions of approval for SDR 22-84 shall remain in affect.
4. Street Centerline Monumentation
a. The centerlines of all street and roadway right-of-ways
shall be monumented before the City shall accept a street
improvement (SW North Dakota only).
NOTICE OF DECISION - MLP 2-85 - PAGE 2
e
E
i
b. All centerline monuments shall be placed in a monument box
conforming to City standards, and the top of all monument
boxes shall be set at design finish grade of said street or
roadway.
C. The following centerline monuments shall be set:
(1) All centerline-centerline ntersections.
Intersections created with "collector" or other
existing streets, shall be set when the centerline
alignment of said "collector" or other street has been
established by or for the City;
(2) Center of all cul-de-sacs;
(3) Curve points. Point of intersection (P.I.) when their
position falls inside the limits of the pavement
otherwise beginning and ending points (B.C. and E.C.).
(4) All sanitary and storm locations shall be placed in
positions that do not interfere with centerline
monumentation. —
5. The "basis of bearings" for the Plat or Survey shall be C.S.
#20,202 or 19,_947, which is a part of the Tigard Field Survey
Network.
E b. This approval is valid if exercised within one year of the final
decision date noted below.
D. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
X?: Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL, ON 4-15-85 UNLESS AN APPEAL
IS FILED.
3. Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 5:00 P.M. 4-15-85
NOTICE OF DECISION - MLP 2-85 - PAGE 3
4. Questions: If you have any questions, please call the City of
it
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
William A. Monahan, Director of Planning & Development DATE APPROVED
(KSL:pm/1179P)
i� 1�� � y- � ' •f C1 �, Y
l ,
'e
NOTICE OF DECISION - MLP 2-85 - PANE 4
' CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY Q�
AGENDA OF: April 15, 1985 AGENDA ITEM #: 8 ,2
DATE SUBMITTED: April 10, 1985 PREVIOUS ACTION• None
ISSUE/AGENDA TITLE: Hearings Officer
Findings for SL2-85/V3-85 PREPARED BY: Community Development
REQUESTED BY:
DEPARTMENT HEAD OK: t/z/ _ CITY ADMINISTRATOR: _
POLICY ISSUE
INFORMATION SUMMARY
Attached is the Hearing's Officer findings for SL2-85/V3-85 for a Sensitive
Lands Permit and Variance for Elton and Jean Phillips.
a
ALTERNATIVES CONSIDERED
1. Rece-ve and File.
2. Motion to remove from Consent Agenda and call up for Council review at
a later meeting.
SUGGESTED ACTION
Receive and File.
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOR A SENSITIVE LANDS PERMIT AND ) No.
VARIANCE TO ALLOW CONSTRUCTION OF )
A SEWER LINE WITHIN THE 100 YEAR ) SL2-85/V3-85
FLOOD PLAIN AND TO REDUCE THE )
DRIVEWAY REQUIREMENT FOR A LOT )
ZONED R-2; Elton and Jean Phillips, )
applicants. )
s
The above-entitled matters came before the Hearings Officer s
F
2
at the regularly scheduled meeting of March 21, 1985 , at the Durham
Waste Treatment Plant, in Tigard, Oregon; and
The applicants request a sensitive lands permit to allow
E
construction of a sewer line within the 100 year flood plain and the
108th/113th Avenue ravine and in addition are requesting a variance to F
permit 10-foot wide gravel driveway to serve a lot where a 20-foot
paved driveway is normally required, property zoned R-2 and located
at 16565 SW 108th Avenue, more specifically described as Tax Lot 1100,
1S1 15A, City of Tigard, County of Washington, State of Oregon; and
The Hearings Officer conducted a public hearing on March 21, 1985,
i
at which time testimony, evidence and the Planning Department Staff
Report were received; and
The Hearings Officer adopts the findings of fact and conclusions
contained in the Staff Report, a copy of which is attached hereto,
marked "Exhibit A" and incorporated by reference herein;
NOW THEREFORE IT IS HEREBY ORDERED that SL2-85 is approved
subject to the following conditions:
1. That construction of the proposed sanitary sewerage
improvement shall not commence until posting of a 100% performance
bond, payment of public improvement plan check and inspection fees
and execution of (and City acceptance of) a construction compliance
agreement occurs. '
Page 1 - SL2-85/V3-85
t
2. That construction of the proposed sanitary sewerage improvement
shall occur between April 30th and October lst, 1985, at the discretion
of the City Engineer.
3. That erosion controls be applied throughout the course of
construction and, further, that a temporary (before and during
construction) and permanent (after construction) erosion
rosi npronor tr l
ngineerplan be submitted to and approved by the City
commencing improvement work.
4. The homesites shat apprbe ovedabydthis�actionfshallnrequire l •
an
Development other than that pp
separate sensitive lands approval.
year flood plain for the Tualatin
5. The land within the 100 public for greenway purposes. The
River shall be dedicated to the p below
flood plain boundary shall be surveyed anwideeareadaround the+dam t in
elevation shall be dedica private
shall be excluded from this dedication to y Clarnoratothe nCity for
maintenance of thefacili9y4171)ntact Randy
further details (phone
6. This approval is valid if exercised within one year of the
final decision date.
NOW THEREFORE IT IS FURTHER ORDERED that V3-85 is approved subject
to the following conditions:
1. That a joint use agreement be executed, y eacheaffectedoparty.
use of and maintenance of the proposed drivewa by
visual clearance be provided and ma
2. That maintained at the inter-
2.
with St,' 108th Avenue, in accord with City code.
section of the drivewa
fty
of the
3. That vehicular access be providedb�oofjanlalllweathertmaterial.
rearmost structure and, that the driveway
The initial 18 foot portion of the driveway adjacent to 108th Avenue, €
shall be of asphaltic concrete.
4.
A City Street Opening permit shall be obtained by the applicant
prior to commencing work on the driveway connection to SW 108th Avenue;
posting of a 100% performance bond and payment of a 4% permit fee is
required.
nditions shall be met prior to issuance of building
5. The above co )
permits on either parcel.
Page 2 -- SL2-85/V3-85
{
f
6. This approval is valid if exercised within one year of the final
decision date.
DATED this /day of April, 1985.
HEARINGS OFFICER
APPROVED: r
J
ETH MA ON
Page 3 - SL2-85/V3-85
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 15, 1985 AGENDA ITEM #: 91• 13
DATE SUBMITTED: April 5, 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Director's Approval
for HOP 5-85, HOP 6-85, HOP 7-85 PREPARED BY: Community Development
REQUESTED BY: Director
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
k
Y�
�Yy
{3
S
�F
yk
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INFORMATION SUMMARY
Attached are the Director's decisions for HOP 5-85, for Kenneth Waymire, a land
developer on SW Riverwood Lane; HOP 6-86 for Dori Borg, janitorial service from
`3W 108th, and HOP 7--85 for Paul & Niels Rasmussen to operate a small furniture
manufacturer onSW Katherine.
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ALTERNATIVES CONSIDERED
1. Receive and File.
2. Motion to remove from Consent Agenda and call up for Council review at
at later meeting.
SUGGESTED ACTIONReceive and file. `
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' CITY OF TIGARD
NOTICE OF DECISION
HOME OCCUPATION HOP 5-85
APPLICATION: A request by Kenneth L. & Roberta A. Waymire for a Home
Occupation Permit for an office for a land developer in the home on property
zoned R-4.5 located at: 10185 SW Riverwood In. (Wash. Co. Tax Map 2S1 14BC,
lot 700).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above application subject to certain conditions. The
findings and conclusions on which the Director based his decision are as noted
below.
A. FINDING OF FACT
1. Background
No previous applications have been reviewed by the Planning
Department on this property.
2. Vicinity Information
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The property to the north, south and east is zoned R-4.5 (Single
Family Residential). The property to the west is zoned R-7
(Single Family Residential).
3. Site Information and Proposal Description
There is a 2,100 square foot home on the property. The applicant
is proposing to use 368 square feet for the business. The
applicant and family will occupy the remainder of the home. The
business use will be limited to less than 25% of the home.
4. Agency and NPO Comments
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None.
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B. ANALYSIS AND CONCLUSION
The proposal appears to be in conformance with the provisions set forth
in Chapter 18.142 of the Tigard Municipal Code.
C. DECISION
Home Occupation Permit HOP 5-85 is approved subject to the following
conditions:
1. There shall be no people working in the home in conjunction with
the business who are not residents of the home.
NOTICE OF_DECISION =- HOP.7-.85 -.,PAvE 3 .
2. There shall be no signs or advertising visible from the exterior
of the premises.
3. There shall be no customers or clients coming to the residence in
conjunction with the business.
4. . The Home Occupancy Permit shall be renewed annually.
5. A Business Tax shall be paid annually for the business.
6. This approval is valid if exercised within one year of the final
decision date noted below.
D. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant n owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
!# THE DECISION SHALL BE FINAL ON April 15, 1985 UNLESS AN APPEAL
`- IS FILED.
3. Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 5:00 P.H. April 15, 1985 .
4. Questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4172.
William A. Monahan, Director of Plauning 6 Development DATE PROVED
(EAN:pm/1152P) '
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NOTICE OF: DECISION,- HOP 7-85 PAGE4 _
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CITY OF TIGARD
NOTICE OF DECISION
HOME OCCUPATION HOP 6-85
APPLICATION: A request by Don Borg for a Home Occupation Permit for an office
for operation of a janitorial service in the home on property zoned R-4.5
located at: 10940 SW 108th (Wash. Co. Tax Map 2S1 34AD, lot 3700).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above application subject to "certain conditions. The
findings and conclusions on which the Director based his decision are as noted
below.
A. FINDING OF FACT
1. Background
No previous applications have been reviewed by the Planning
Department on this property.
2. Vicinity Information
The surrounding property is all zoned R 4.5 (Single Family
Residential).
3. Site Information and Proposal Description
There is a 1,500 square foot home on the property. The applicant
is proposing to use 250 square feet for the business. The
applicant and his family will occupy the remainder of the home.
The business use will be limited to less than 25% of the home.
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4. Agency and NPO Comments
None.
B. ANALYSIS AND CONCLUSION
The proposal appears to be in conformance with the provisions set forth
in Chapter 18.142 of the Tigard Municipal Coee.
C. DECISION
Home Occupation Permit HOP 6-85 is approved subject to the following
conditions:
1. There shall be no people working in the home in conjunction with
the business who are not residents of the home.
NOTICE OF DECISION - HOP 7-85 - PAGE 5
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2. There shall be no signs or advertising visible from the exterior
of the premises.
3. There shall be no customers or clients coming to the residence in
conjunction with the business.
4. . The Home Occupancy Permit shall be renewed annually.
5. A Business Tax shall be paid annually for the business.
6. This approval is valid if exercised within one year of the final
decision date noted below.
D. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON April 15, 1985 UNLESS AN APPEAL
IS FILED.
3. AUeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 5:00 P.M. aril 15, 1985 .
4. questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
Will am A. Monahan, Director of Planning & Development DATE PROVED
1 ' I e, tit• '
(EAN:pm/1152P)
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_--_---_--_=--
j NOTICE'OF-DECISION - HOP 7-85 - PAGE 6
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- CITY OF TIGARD
NOTICE OF DECISION
HOME OCCUPATION HOP 7-85
APPLICATION: A request by Paul 6 Niels Rasmussen for a Home Occupation Permit
for operation of a small furniture manufacturer in the home on property zoned
R-4.5 located at: 12770 SW (Catherine (Wash. Co. Tax Map 2S1 4AA, lot 7000).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above application subject to certain conditions. The r
findings and conclusions on which the Director based his decision are as noted
below. s
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A. FINDING OF FACT
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1. Background
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No previous applications have been reviewed by the Planning
Department on this property.
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2. Vicinity Information t
The surrounding property is all zoned R 4.5 (Single Family
Residential).
3. Site Information and Proposal Description
There is a 1,500 square foot home on the property. The applicant
is proposing to use 400 square feet for the business. The
applicant and his family will occupy the remainder of the home.
The business use as proposed by the applicant will occupy more
than 25% of the home.
4. Agency and NPO Comments
None.
B. ANALYSIS AND CONCLUSION
The proposal, with conditions can meet the provisions set forth in
Chapter 18.142 of the Tigard Municipal Code.
C. DECISION
Home Occupation Permit HOP 7-85 is approved subject to the following
conditions:
1. There shall be no people working in the home in conjunction with
the business who are not residents -Of the home.
NOTICE OF DECISION - HOP 7-85 - PACE 7
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2. The business shall not occupy more than 25% of the square footage
of the home or 375 sq. ft.
3. There shall be no signs or advertising visible from the exterior
of the premises.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. The Home Occupancy Permit shall be renewed,annually.
6. A Business Tax shall be paid annually for the business.
?. This approval is valid if exercised �rithin one year of the final
decision date noted below.
D. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
Xy. The applicant 6 owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON April 15, 1985 UNLESS AN APPEAL
IS FILED.
3. Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 5:00 P.M. April 15, 1985 .
4. estions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
Willies A. Monahan, Director of Planning & Development APPROVED
(( (EAN:pm/1152P) -,,, _ _�.� 1 �..- - » sa
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LL .J
NOTICE OF.DECISION - HOP 7-85 - PACE 8
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CITY OF TIGARD OREGON
- COUNCIL AGENDA Ircm -jif -.-Y
AGENDA OF: August 15, 1985
AGENDA 'TEM #:
DATE SUBMITTED: August 9, 1985
PREVIOUS ACTION-
ISSUE,/AGENDA TITLE: Final Order
No. 85-05PC & 85-06PC PREPARED BY: Community Development
REQUESTED BY:
DEPART SENT HEAD OR:
CITY ADMINISTRATOR:
POLICY ISSUE
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!NF'ORrMATION SUMMARY
1. Attached is the Final Order No. 85-05PC, which approves an application for a
subdivision (S 2-85) and Variance (V 1-85) requested by Arlie and Irene Mawhirter. t
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2. Attached is thr, Final. Order No. 85-06PC, which denies an application for a zone
2 ZC
change g ( 85) requested by Darwish Idris.
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ALTERNATIVES CONSIDERED .�
1. Receive and File.
2. Motion to remove from Consent Agenda and call up for Council review at
a later meeting.
SUGGESTED ACTION
Receive and file. --
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 85- oS PC
NG FIAPPROVES AN
HICH
( A FINAL
APPLICATION ORDERFORAI SUBDIVISION N(SN 2-85)�OAND�VARIANCES,(V W1 85) REQUESTED BY
ARLIE AND IRENE MAWHIRTER.
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TIGARD PLANNING C"ISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
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A. FACTS
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1, General Information
CASE: Subdivision S 2-85, Variance V 1-85
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REQUEST: Preliminary plat approval for a six lot subdivision and to
allow two 7,125 square foot lots where a minimum of 7,500
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square feet is required,
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential {
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ZONING DESIGNATION: R-4.5 (Residential 4.5 units/acre)
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APPLICANT: Arlie and Irene Mawhirter OWNER: same
14265 SW 80th Place
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Tigard, Oregon 97223
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LOCATION: 9680 SW McDonald Street (WCTM 2S1 11, Tax Lots 104 S 200)
2. Background
The subject property was annexed into the City and zoned R-7 in 1979.
The Tigardville Heights Street L.I.D. included this property. As a
result of this L.I.D. , street improvements on the frontage of the
property has been partially completed.
3. Vicinity Information
All of the surrounding properties are also zoned R-4.5. The majority of
the parcels in the area either contain single family residences or are
undeveloped. McDonald Street, which abuts the property on the north, is
designated as a major collector. The western side of the property is
adjacent to 97th Avenue which is designated a minor collector.
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FINAL ORDER NO. 85-�j PC S 2-85/V 1-85 - PAGF 1 '
q. Site Information
One house is situated near the McDonald/97th intersection and a garage,
that is to be removed, is south of the residence. The remainder of the
property is undeveloped. A ravine and drainageway runs from west to
east through the southern portion of the parcel.
The applicant proposes to establish a six lot subdivision for single
family residences. All of the lots will have direct access to MacDonald
Street or 97th Avenue.
In addition, a variance is requested to permit two lots of 7,125 square
feet each where the Code requires a minimum lot size of 7,500 square
feet. The two lots with frontage on 97th Avenue are being considered
for this variance.
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5. ency +nd NPO Comments
The Engineering Division has the following comments:
a. An easement or similar arrangement will be necessary to 4
accommodate the swimming pool which straddles the property line
between Lots 1 and 2.
b. The dedication of right-of-way along McDonald Street and 97th
Avenue was intended to be accomplished as part of the L.I.D. 1
However, City records do not indicate that this was ever 1
finalized. This issue should be resolved before the final plat is
recorded.
Because of the existing street improvement, including sidewalk
that exists along the frontage of 97th Avanue and the western 150
feet of McDonald Street, a 5-foot wide public roadway easement {
will be acceptable. The remaining frontage on McDonald Street
should meet the right-of-way requirement of 30 feet from
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centerline.
C. Assessments are outstanding on the property for the McDonald
Street Sanitary Sewer L.I.Q. and the Tigardville Heights Street
L.I.D. An agreement has been reached to allow for payment of the
remaining balance at the time of plat approval.
d. The proposed building sites will avoid the drainageway and the
portions of the property that exceed a 25% slope. However,
because of the close proximity of the sites to the steep slopes i
areas, soils and foundation reports should be submitted prior to
receiving building permits. If the reports indicate that landform
alteration will be necessary within the drainageway or area over
25% slope, a Sensitive Lands permit will be required.
Comments have not been received from the Building Inspection Office or
the Tualatin Rural Fire Protection district.
NPO ,N6 has not objectgd to the proposal.
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FiNAI ORDER NO. 85- S PC S 7-81,/V 1- 81.) PArI 2
B. FINDINGS AND CONCLUSIONS
( The relevant criteria in this case are Statewide Planning Goals 1, 2,
and 10; Tigard Comprehensive Plan policies 2.1.1, 3.1.1., 7.2.1, and
8.1.3; and Chapter 18.50, 18.84, 18.134, and 18.160 of the Community
Development Code.
The Planning Commission concludes that the proposal is consistent with
the applicable Statewide Planning Goals and Guidelines based upon the
following findings:
a. Statewide Planning Goal #1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NPO). In
addition, all public notices requirements were met.
b. Statewide Planning Goal #2 is met because the City applied all
applicable Statewide Planning Goals, City Comprehcnsive Plan
Policies and Development Code requirements to the application.
C. Goal #10 is satisfied because the proposal will provide for
housing as contemplated by the City Comprehensive Plan.
The Planning Commission has determined that the proposal as submitted,
or with minor modifications, is consistent with the relevant portions of
the Comprehensive Plan based upon the findings noted below:
a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and surrounding property owners were given notice of
the hearing and an opportunity to comment on the applicant's
proposal.
b. Plan Policy 8.1.3 will be satisfied -if the plat is modified as
suggested by the Engineering Division to include a combination of
permanent roadway easements, right-of-way dedication, and street
improvements.
The Planning Commission has determined that the proposal is consistent
with the relevant portions of the Community Development Code based upon
the findings noted below:
a. Chapter 18.50 of the Code is satisfied because the proposal meets
all of the requirements of the R-4.5 zone, except for minimum lot
size. This issue is discussed below.
b. Chapter 18.84 of the Code provides that development within
drainageways and upon steep slopes requires a Sensitive Lands
review. This can be heard by the hearings Officer latter this
month.
C. Chapter 18.134 of the Code includes five criteria (Section
18.134.050) for granting a variance. The applicant has addressed
these criteria in an appropriate manner.
FINAL ORDER NO. 85-Q! PC - S 2-85/V 1-85 - PAGE 3
It should be noted that the applicant's response was based upon
the assumption that additional street right-of-way would not be
necessary. The right-of-way requirement proposed by the
Engineering division will result in lot sizes of 7,125, 7,125,
7,500, 7,000, 8,088, 8,088 square feet. The average lot size is
7,488 square feet. The staff concludes that the variance is stili
appropriate because of the small deviation from the lot size t
standard.
1. Chapter 18.160 of the code can be satisfied because the applicant
will be able to meet all of the standards for improvement of 6
public facilities.
C. DECISION!
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Based upon the above findings and conclusions, the Planning Commission
approves S 2-85 and V 1-85 subject to the following conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL. OE 1"7` PRIOR TO
RECORDING THE FINIAL PLAT.
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2. Standard half-street improvements including concrete sidewalks,
concrete curbs streetlights, concrete driveway aprons, storm
drainage and underground utilities shall be installed along the SW I
McDonald Street frontage (where such does not now exist). Said
improvements along SW McDonald Street shall be built to major i
collector street standards and conform to he alignment of existing
improvements.
3. Standard half-street improvements including concrete sidewalks, I
concrete curbs, streetlights, concrete driveway aprons, storm
drainage and underground utilities shall be installed along the
S.W. 97th Avenue. Said improvements along $W 97th Avenue shall be �
built to minor collector street standards and conform to the
alignment of existing street improvements there along.
4. Five (5) sets of plan-profile public improvement construction;
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the engineering Section
for approval.
5. Sanitary sewer lateral (plan-profile) details, for provision of
sewer service to each lot, shall be provided as part of the public
improvement plans.
6. Construction of proposed public improvements shall not commence
until after the Engineering Section has issued approved public
improvement plans. The Section will require posting of a 100%
Performance Bond the payment of a permit and a sign I.
installation/streetlight fee. Also, the execution of a street `
opening permit or construction compliance agreement shall occur
prior to, or concurrently with the issuance of approved public
improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC
INFORMATION REGARDING FEE SCHEDULES BONDING AND AGREEMENTS.
FINAL ORDER NO. 85-_P:� PC - S 2-85/V 1-85 - PAGE 4
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• 7. Additional right-of-way shall be conveyed as an easement or
dedicated to the public along the SW McDonald Street frontage to
( provide for public right-of-way to 30 feet from centerline, where
only a curb exists and 25 feet from centerline where the sidewalk
exists. The description for said conveyance shall be tied to the
existing right-of-way centerline as established by County Survey
No. 20,187. The conveyance document(s) shall be on City forms and
approved by the Engineering Section. FORMS AND INSTRUCTIONS RE
AVAILABLE AT CITY HALL. Further, a corner radius of not less tnan
15 feet shall be so conveyed at the intersection of McDonald _
Street & 97th Avenue.
e. Additional right-of-way shall be conveyed as an easement or
dedicated to the public along the SW 97th Avenue frontage to
provide for public right-of-way shall be tied to the existing
right--of--way centerline as established by County Road No. 1982.
The conveyance document(s) shall be on City forms and approved by
the Engineering Section, FORAYS AND INSTRUCTIONS ARE AVAILABLE AT
CITY HALL.
9. After review and approval by the Planning Director and Public
Works Director, the final Plat shall be recorded with Washington
County.
10. A soils and foundation report shall be submitted prior to issuance
of building permits. If landform alteration is required within
the drainageway of area over 25% slope, a Sensitive Lands permit
will be required.
11. Applicant grant release from any conditions related to previous
negotiations for condemnation of right-of-way initiated by the
City.
12. The approval is valid if exercised within one year of the final
decision date.
It is further ordered that the applicant be notified of the entry of this
order.
PASSED: This day of 1985, by the Planning Commission
of the City of Tigard.
A. Donald Moen, President
Tigard Planning Commission
(KL:pm/1173P)
FINAL ORDER NO. 85.-,aZ'-- PC - S 2-85/V 1-85 - PAGE 5 j`
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 85-__PC
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A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH DENIES AN APPLICATION
FOR A ZONE CHANGE (ZC 2-85) REQUESTED BY DARWISH IDRISS.
The Tigard Planning Commission received the above application at a public
hearing on April 2, 1985. The Commission based its decision on the facts,
findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Zone Change ZC 2-85
REQUEST: Change the zone designation on a 3.7 acre parcel from R-7
(Residential, 7 units/acre) to R-12 (Residential, 12
units/acre).
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
APPLICANT: Mo Idriss OWNER: Darwish Idriss
10053 SW Nimbus Ave. 1341 Via Milcumbres
Beaverton, OR 97005 Solana Beach, CA 92075
LOCATION: East side of Hall Blvd., 300 feet south of Ross Street
(Wash. Co. Tax Map 2S1 12CB, Tar. Lots 1100 and 1200).
2. Background
No other land use applications have been reviewed by the City.
3. Vicinity Information
The surrounding properties are large acreage homesites and vacant
parcels ranging from 1 to 20 acres in size. None of the adjacent
properties are presently served by sewer. The area on the east side of
Hall Blvd. immediately adjacent to the subject parcel is also zoned R-7
and the land on the west side of the street is zoned R-12. These
properties are all within the designated "Developing Area" in the
Comprehensive Plan.
4. Site Information
The property is undeveloped except for a residence on Tax Lot 1200. It
is flat, wooded, and free of any apparent physical constraints. The
zone change is desired to allow for a multi-family development in the
future.
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5. Agency and NPO Comments
The Engineering Division has no objection to the proposal but it is
recommended that additional right-of-way be dedicated along the Hall
Blvd. frontage to meet the City standard for arterial streets. Street
improvements along the Hall Blvd. frontage will be required in
conjunction with the development of the property.
The State Highway Division has no objection to the request, however, it
is noted that additional right-of-way and street widening will be a
condition of the development.
The Building Inspection Office and the Tigard School District hsve no
objections to the application.
NPO #5 and #6 jointly discussed the proposal on February 20, 1985.
Concern was expressed by both NPO's regarding traffic impact on Hall
Blvd. and the intersection with Durham Road and the lack of street
improvements performed by the Highway Division. Although a quorum was
not present, the members of NPO 95 recommended denial.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2,
and 10, and Tigard Comprehensive Plan policies 2.1.1, 7.1.2, 7.8.1,
8.1.3, 8.2.2, and Chapter 12, Locational Criteria.
The Planning staff concludes that the proposal is partially consistent
with the applicable Statewide Planning Goals and Guidelines based upon
the following findings:
I. Goal #1 is met because the City has adopted a Citizens Involvement
program including review of all development applications by the
Neighborhood Planning Organization (*IPO). In addition, all public
notice requirements are met.
2. Goal #2 is met because the City applied all applicable Statewide
Planning Goals, City Comprehensive Plan Policies and Development
Code requirements to the application.
3. Goal #10 is not satisfied because the proposal will not provide
for housing as contemplated by the City Comprehensive Pian.
The Planning staff has determined that the proposal is partially
consistent with the relevant portions of the Comprehensive Plan based
upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and surrounding property owners were given notice of
the hearing and an opportunity to comment_ on the applicant's
proposal.
2. Plan Policy 7.1.2 is not satisfied because adequate service
capacities are not available in the immediate area.
3. Plan Policy 7.8.1 is satisfied because the Tigard School District
was informed of this proposal and no objections were raised.
4. Plan Policy 8.2.2 cannot be satisfied at this time because Tri—Met
does not offer bus service on Hall Blvd. or Durham Road.
5. The Locational Criteria in Chapter 12 of the Plan are partially
satisfied for the following reasons:
a. The property is within a "Developing Area" which is not
committed to low density development.
b. The parcel has direct access to Hall. Blvd.
C. Development limitations are not evident. Public facilities
do not have adequate capacity to serve the property.
d. Public transit is not available.
e. Convenience retail service is available at the Durham/Hall
intersection and general commercial and business centers are
1.5 to 2 miles away.
f. Public open space is available nearby at Cook Park, Durham
Elementary School, and Tigard High School.
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C. DECISION
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Based upon the above findings and conclusions, the Planning staff denies.
ZC 2-85.
It is further ordered that the applicant be notified of the entry of this
order.
PASSED: This .6 day of 1985, by the Planning Commission
of the City of Tigard.
z='.
A. Donald Moen, President
Tigard Planning Commission
(KL:pm/1131P)
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Howard Wi]_liacs
Manager, Scholia Fe_ry Road Thriftway
Greenway Town Center
12280 SW Scholls Ferry
Tigard. OR 97223
Dear Hr. Williams:
It Diss come to the City's attention that you Amay not be aware of the
requirements for Temporary Use permits contained in the Tigard Community
Development Code for operation of special events at your store. Any event
held to benefit a Tigard based non- refit organization requires submittal of a
letter and map to the City which indicates the type of activity, sponsor,
hours, and location of the activity. No fee is charged. This information is
reviewed for confOramance with the City's Temporary Use provisions. A file is
maintained for all these events.
Any event held for a profit--making organization or a non--profit organization
based .outside of Tigard must apply for a Temporary Use permit. A fee is
charged for processing the permit which takes from 2-3 weeks to process® In
addition, any profit-making business operating a Temporary Use must pay a City
of 'Tigard business tad.
I have attached a copy of the Temporary Use Section of the Development Code
for your information. The City would appreciate your cooperation in advising
groups to contact the City about the Temporary Use requirement.
Sincerely,
ly�
Elizabeth A. Newton +
Associate Planner
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(EAH:pm/1178P)
12755 S14' ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH-639-4171