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City Council Packet - 09/08/1986 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA sign-up sheet(s). If no sheet is available. SEPTEMBER 8, 1986, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. o STUDY SESSION 1. REGULAR MEETING: 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 Per Issue Please) 3. PUBLIC HEARING - KNEELAND ESTATES ROAD AND EASEMENT VACATION o Public Hearing Opened 0 Declarations Or Challenges o Summation By Acting Recorder o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Acting Recorder a Council Questions Or Comments o Public Hearing Closed Liil o Consideration By Council - Ordinance No. 86--= 4. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT 5-86 - IP ZONE USE AMENDMENT A recommendation by the Planning Commission to deny a request by Ernest and Barbara Marx for a Zone Ordinance Amendment to Title 18 of the Tigard Municipal Code to allow public agency administration services; lodge, fraternal and civic assembly; general retail sales (limited to bulky merchandise such as furniture and large appliances); and personal services as permitted uses in the I-P (Industrial Park) zone. If approved an amendment to Section 18.68 of the Tigard Municipal Code would be required. 0 Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Director o Public Testimony: Proponents, Opponents, Cross Examination 0 Recommendation By Community Development Director 0 Council Questions Or Continents o Public Hearing Closed 0 Consideration By Council S. APPEAL HEARING - INTERPRETATION OF DIRECTOR'S DECISION ON I-P (INDUSTRIAL PARK) ZONE -- EQUITIES NORTHWEST An appeal by Equities Northwest for the City Council to review the Director's Interpretation on Section 18.68.030 of the Community Development Code. 0 Appeal Hearing Opened k 0 Declarations Or Challenges 0 Summation By Community Development Director 0 Argument: Appellants, Respondents, Appellants Rebuttal 0 Council Questions Or Comments 0, Appeal Hearing Closed o Consideration By Council COUNCIL AGENDA - SEPTEMBER 8, 1986 - PAGE i 6. CAPITAL PROJECT/LID REPORTS - QUARTERLY UPDATE o City Engineer �T RECESS COUNCIL MEETING 7. LOCAL CONTRACT REVIEW BOARD MEETING 7.1 Call To Order and Roll Call 7.2 Call For Bids 7.3 Adjournment RECONVENE COUNCIL MEETING 8. MUNICIPAL CODE AMENDMENTS: 8.1 Fire Ordinance Amendment - Ordinance No. 86- ZZ 8.2 Restricting Parking on SW Center Street -- Ordinance No. 86-y o Community Development Director 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. Motion to: 9.1 Approve Council Minutes - August 25, 1986 9.2 Receive and File: a Community Development Land Use Decisions b Departmental Monthly Reports c City Council Meting Calendar Update 9.3 Call For Street/Easement Vacation Public Hearings a Burnham Street Right-of-way - Resolution No. 86-q9 b Electric Street Right-of-moray -- Resolution No. 86-fit p C Pine Street Right--of-way - Resolution No. 86--LQ, d Genesis II Easement - Resolution No. 86-tQ�.'l,. e Colony Creek IV Easement -- Resolution No. 86-LO2 9.4 Approve Acceptance of Gift Piano - Resolution No. 86-i0 9.5 Approve Acceptance of Street Dedication - SW Naeve Street 9.6 Approve Street Dedication Compliance Agreement & Performance Bond For Naeve Street & Authorize Signatures 9.7 Approve Conditional Acceptance of Windsor Place Subdivision & Authorize Partial Bond Release - Resolution No. 86-101.,Z* 9.8 Accept Baldwin Permanent Sanitary Sewer & Storm Drain Easements 9.9 Ratify Phone Poll Approval - Chief of Police Training - $1248.00 9.10 Approve Training Request - Parks Crow Chief - Removed from Agenda 9.11 Accept Ronald Dyches Temporary and Permanent Sanitary Sewer Easements (carried forward from 8/25/86 Council meeting) 9.12 Approve Conditional Acceptance of Brittany Square III Subdivision and Authorize Partial Berm Release - Resolution No. 86=G 9.13 Approve Conditional Acceptance of Karen Park Subdivision and Authorize Partial Bond Release - Resolution No. 86-10'T 9.14 Approve OLCC Application For Williams Texaco 10. NON-AGENDA ITEMS: From Council and Staff 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (e) & (h) to discuss real property transactions and current/pending litigation issues. 12. ADJOURNMENT lw/4006A COUNCIL AGENDA - SEPTEMBER 8, 1986 - PAGE 2 r TTG A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - SEPTEMBER 8, 1906 - 6:30 P.M. and Present: Mayor John Cook; Councilors: Tom Brian, 1 BOLLCity Staff: Bob Jean, City Administrator; Carolyn Eadon; rill Monahan, Community David Lehr, Chief of Police: al Counsel; and Loraen Development Director: Tim Ramis, Leg Wilson, Acting City Recorder. 2, STUDY SESSION ern a. City Administrator discussed Park and Recreationtl8e Council park oBoard of regarding the appointment of sub--committees by Chairman to work on the Chairman could Recreationaappoint ssub-committeesto was that the Park Board add expertise in the study. ity b. City Administrator advise d Councslto rlimit at othenuse Of e 99Wpasna staff is working on code revisaon display area for used cars for sale. Administrator highlighted the 9/10/66 agenda far the C. City with the Washington County Board of Council's special meeting Commissioners. d. Council and staff discussed items of concern on the consent agenda. REGULAR MEETING, 7:07 PM 3. CALL TO STAFF AND COUNCIL FOR NO%_AGENDA ITEMS a, City Administrator recommended items 07 and 9.10 be pulled from consideration. b Motion by Councilor Eadon, seconded by Councilor Brian to approve amendment to agenda. Approved by unanimous vote of Council present. 4, VISITOR'S AGENDA a. Mr. Russ Krueger, 1335 SW 66th Avenue, Portland, appeared to endorse the Murray Road Extension and 135th Avenue LID. He urged that Mr. D^ this matter at the lel uraprojectveneer since he has been Dick involved City Administrator stated that Council wouldhave atotro erevise their list of approved engineers prior to appointing tthat staff to th proje t. He f project informationfor theCity Council in he presentation near future. K , Ant,A 5. PUBLIC HEARING — KNEELAND ESTATES ROAD AND EASEMENT VACATION t. a. Public Hearing Opened b. Acting Recorder outlined the history of the request noting that Council had initiated the vacation request on 7/28/86. She stated that all surrounding property owners were notified and that Lincoln Savings and Loan will pay all fees required prior to the recording of the Ordinance. C. Public Testimony: No one appeared to testify. d. Acting Recorder recommended approval with the conditions listed in the ordinance. She also advised that the Planning Commission recommended approval. e. Public Hearing Closed f, ORDINANCE PGO. 86x44 AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS AND A ROAD RIGHT-OF-WAY AREA WITHIN KNEELAND ESTATES SUBDIVISION AND DECLARING AN EFFECTIVE DATE. g, Motion by Councilor Eadon, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council present. 6. PUBLIC HEARING — ZONE ORDINANCE AMENDMENT 5-"86 — IP ZONE USE AMPE UrM A recommendation by the Planning Commission to deny a request by Ernest Zone Ordinance Amendment to Title 18 of the and Barbara Marx for a publicagency Tigard Municipal Code to allow general retail services; embly; g (limited to lodge, fraternal and civic ass bulky merchandise such as furniture and large appliances); and personal services as permitted uses in the I—P (Industrial Park) zone. If approved an amendment to Section 18.68 of the Tigard Municipal Code would be required. a. Public Hearing Opened b. Community Development Director synopsized the request of Mr. 6 Mrs. Marx to allow public agency administration, general retail sales, and personal services to be permitted uses in the I--P zone. Staff requested limit the use of bulky merchandisto e. clear criterion to y C. Public Testimony: No one appeared to testify. d. Community Development Director noted the Planning lan with conditions recommended denial however, staff felt approval would be appropriate. s e. Council and staff discussed concerns regarding the I—P zone in general throughout the City. Council policy would need to be studied to determine whether fully commercial and fully city Administrator trator statedreas are t or industrial e zones areould fragile and need � City Admi Page 2 — COUNCIL MINUTES — SEPTEMBER S. 1986 r� t. t to be protected. He recommended Council take the Planning Commission's recommendation and go slowly and study this issue prior to making modifications in the I-P zone. Community Development Director stated NPO #1 and #4 recommended denial on this change request. He suggested Council direct staff to go back through the NPO and Planning Commission process to study this issue more completely. f. Public Hearing Closed g. Motion by Councilor Brian, seconded by Councilor Eadon to deny the request based on the issues addressed and request staff prepare denial final order for Council consideration. Approved by unanimous vote of Council present. h. Consensus of Council was for staff to go back to the NPOs and Planning Commission and study the Cascade Area and the I-P malting of commercial and industrial as it relates to the C-G zone. 7. APPEAL 1EA� PKTAT33n CF OX 9 10 MEOMMM CE I-P (MISTRIAL PARK) ZONE - EQUMES NORTHWEST An appeal by Equities Northwest for the City Counci: to review the Director's Interpretation on Section 18.68.030 of the Community Development Code. a. Appeal Hearing Opened b. Community Development Director noted the applicant had requested a higher density of commercial use area in the I-P zone than the code allows. The applicant contended that Koll 6 Nimbus Business Parks should be considered as one project to allow for the additional commercial use. Community Development Director stated he couldn't interpret the two Business Parks as one since they were developed on separate parcels and at different times. He advised this could set a dangerous precedent since the intent of the zone was to not promote commercial use in the industrial zone. C. Argumaent: Appellants: o Jim foster, 11334 SW Ironwood Loop, stated his concern regarding cooking smells and possible parking problems in the area and stated he did not want any more encroachment into the greenway for parking. a Acting Recorder read into the record a letter from Raymond and Beatrice Schmoll, 11332 SW Ironwood Loop, stating they opposed the request on the basis of parking needs. o Bill Bennett, 11340 SW Ironwood Loop, noted concerns regarding the parking and smell of food in the neighborhood and opposed the request. page '3 - COUNCIL MINUTES - SEPTEMBER 8, 198 .-m o Vicki Snyder, 11339 SW Ironwood Loop, advised Council she was concerned with the parking area encroachment into the greenway area noting her safety concerns for small children in the area. Respondents: o Mitch Aley, Marketing Coordinator, representing Equities Northwest and Nimbus Center Association presented a history of their request and stated a meeting had been held with the residential neighbors. Equities NW had stated much more landscaping would be placed around the development. The request for 24.9% commercial use in the business park was held to be reasonable since the I-P zone is too rigid in the area of variances. He stated since Koll originally owned both business parks and has just recently released ownership of one to the Nimbus Center Association, they felt their request for consideration of combining the parks to figure commercial use density was appropriate. d. Mayor Cook stated that the Council advised the owner at a previous Council hearing that no additional commercial use would be granted for this property over the 20% allowed density. e. Appeal Hearing Closed f. Councilor Brian stated this rased a clear policy issue with the key being that only 20% of the I—P zone is allowed to be used for commercial use. He stated since the two business parks were different owners and developed at different times, the Director's decision should be upheld. Council made it very clear at a previous hearing that only 200. would be approved for commercial use at this site. g. Motion by Councilor Brian, seconded by Councilor Eadon to uphold the Director's decision and request staff to prepare the appropriate final order for adoption. Approved by unanimous vote of Council present. 8• CAPITAL PROJECT/LID REPORTS — QUARTERLY UPDATE a. City Engineer highlighted CIP status report. Council expressed their appreciation for the report. 9. MUNICIPAL CODE AMENDMENTS: 9.1 Fire Ordinance Amendment a. Burt Parker of WCFD 01 and Gene Birchill of TRFPD requested Council approve the fire districts' ordinances so the districts are allowed to enforce the fire code rwithin the City. Page 4 — COUNCIL MINUTES — SEPTEMBER 8, 1986 { b. Councilor Brian questioned the sprinkler requirements addressed in the codes. Legal Council noted concern regarding the form by which the City should adopt the codes. Lengthy discussion followed regarding the adoption vehicle. C. Motion by Councilor Brian, seconded by Councilor Eadon to table to October 13 to allow staff to research and report back. Approved by unanimous vote of Council present. 9.2 Restricting Parking on SW Center Street a. Community Development Director noted this item was requested by the businesses in the area of SW Center Street. Staff supports the request and has prepared an ordinance for adoption. b. ORDINANCE NO. 86-45. C. Motion by Councilor Brian, seconded by Councilor Eadon, to adopt. Approved by unanimous vote of Council present. 10 CONSENT : 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: 10.1 Approve Council Minutes - August 25, 1986 10.2 Receive and File: a. Community Development Land Use Decisions b. Departmental Monthly Reports c. City Council Meeting Calendar Update 10.3 Call For Street/Easement Vacation Public Hearings a. Burnham Street Right-of-way - Resolution No. 86-99 b. Electric Street Right-of-way - Resolution No. 86-100 c. Pine Street Right-of--way - Resolution No. 86-101 d. Genesis II Easement - Resolution No. 86-102 e. Colony Creek IV Easement - Resolution No. 86-103 10.4 Approve Acceptance of Gift Piano -Resolution No. 86-104 10.5 Approve Acceptance of Street Dedication - SW Naeve Street 10.6 Approve Street Dedication Compliance Agreement & Performance Bond For Naeve Street & Authorize Signatures 10.7 Approve Conditional Acceptance of Windsor Place Subdivision & Authorize Partial Bond Release - Resolution No. 86____-_105 10.8 Accept Baldwin Permanent Sanitary Sewer & Storm Drain Easements 10.9 Ratify Phone Poll Approval - Chief of Police Training - $1248.00 10.10 Approve Training Request - Parks Crew Chief - Removed from Agenda 10.11 Accept Ronald Dyches Temporary and Permanent Sanitary Sewer Easements (carried forward from 8/25/86 Council meeting) Page 5 - COUNCIL MINUTES - SEPTEMBER 8, 1986 1V 10.12 Approve Conditional Acceptance of Brittany Square III Subdivision and Authorize Partial Bond Release - Resolution No. 86-106 10.13 Approve Conditional Acceptance of Karen Park Subdivision and Authorize Partial Bond Release - Resolution No. 86-107 10.14 Approve OLCC Application For Williams Texaco a. Motion by Councilor Eadon, seconded by Councilor Brian to Adopt Consent Agenda. b. Motion by Councilor Brian, seconded by Councilor Eadon to amend Consent Agenda by removing items .2a and .9. Consent Agenda as amended was approved by unanimous vote of Council present, C. 10.4 - Councilor Brian noted concern regarding accepting the gift piano when the building use policy had not been determined yet. Motion by Councilor Brian, seconded by Councilor Eadon to approve Resolution 86-104 with the understanding that the building use policy will determine how the piano will be used. f Approved by unanimous vote of Council present. d. 10.2 - Council and staff discussed concerns regarding the Tri Met Transit Center proposal for Commercial Street (CU 3-86). After lengthy discussion regarding parking and traffic issues, Councilor Brian moved to call CU 3-86 up for a formal Council reviewing hearing, Motion was seconded by Councilor Eadon. Approved by unanimous vote of Council present. Motion by Councilor Eadon, seconded by Councilor Brian to approve 10.2a except for CU 3-86 which shall be heard before Council. Approved by unanimous vote of Council present. 11. LW-AGENDA ITEMS: From Council and Staff a. No items were discussed. RECESS: REGULAR MEETING 8:50 P.M. Page 6 ,- COUNCIL MINUTES - SEPTEMBER 8, 1986 f 12. EXECUTIVE The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (e) & (h) to discuss (" real property transactions and current/pending litigation issues. 4;> 13. ADJOURNMENT: 9:02PM r t1 Acting City Recorder — City of Tigard ATTEST: J"fY f9r. city of Tigard f LW/4155A ,S - Page 7:,— COUNCIL MINUTES SEPTEMBER 8, 1986 Li co n co ON o m y we c � Q QIt J c a I, c IL x a E m W O •� C co CL N6 0.%^ • 1tO•i+ m �. 10 N Op se ..v t a 1 IL, Gt V Vco Id M Mcu 'u. p� y' • 10 14 O 06 0 vU m }t' 0 E- 9 �t 40 • • • cool, a w , ZZL CITY OF TIGARD. OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed COUNCIL ADOPTED ORDINANCES STATE OF OREGON ) County of Washington) ss City of Ti g, �L being first duly sworn, on oath depose and say: That -I posted in the following public and conspicuous places, a copy of Ordinance Nusber(s) D which were adopted at the Council Meetifig dated �o copy(s) of said ordirippc e(s) being, hereto attached j and by reference amid a part hereof, on the LjE_ day of � � , 198fir. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. U.S. National Bank, Corner of gin and Scoffins, Tigard, Oregon CJ 3. MZ144—gtag, ; Tigard, Oregon +�. S ub;crik1 w and sworn to before we thisYf ' � . 1986. i Public for Oregon ' _ ! N" My Comission Expires: L/ �-'d�a ^- T CITY OF TIGARD, OREGON ORDINANCE NO. 86- AN 6=AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 6-86) AND ZONE CHANGE (ZC 6-86) PROPOSED BY THE CITY OF TIGARD (COCHRAN). a WHEREAS, Madeline and William Cochran have requested a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential, and a Zone Charge from R 4.5 (Residential 4.5 units/acre) to R-7 (Residential 7 units/acre; and WHEREAS, the Planning Commission reviewed the proposal on July 8, 1986, and recommended denial of the amendment; and WHEREAS, a public hearing was held before City Council on August 11, 1986, to consider the Commission recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The proposal is consistent with all relevant criteria as discussed in the July 8, 1986, Planning staff report to Planning Commission (Exhibit "A"). Section 2: The City Council reverses the Planning Commission's recomeendation for denial of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (map). Section 3: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: By Ul')&g4i� 24as vote of all Council members present after boa read by number and title only, this + day Of 1986. `Loreen R. Wilson, Acting City Recorder APPROVED: This day of 1986. r John E. Cook, Mayor �'' S VOitDZ3iAi�CE ND. �i7^ ' 1 page, . Y r ` G 017 , AGENDA ITEM 5.5 STAFF REPORT V { CY OF TOM-TOM HALL ' 131;5 S.N. HALL TIGARD. OREGON 97113 TUESDAY, JULY 0, 1966-7:30 PM A. FACTS 1. Gem &I Inbrmation E; CowprehensiVO Plan Amendment CAS CPA 4-66. Zone Change ZC 6-86 Density For a Comprehensive Plan Amendment from low REQUEST: R-4,5 to R-7. • Residential and a Zone Change ` " CoMpREW.NSIV£ PLAN OESIGNATION: ZONA DESIGNATION: o! Tigard OWNER: Madeline t William Cochran APpLXCANT: City 8650 SW 47th Avenue r Portland, OR 97115 LOCATION: Northwest corner of Sw 106th +end SW North Dakota (WC " LSI 34DA Tax Lot 16W)- 2. eaekaround 79-08 Tigard City Council approved Ordinance � at On September 24. 19790 the ed by the Cochran's which ch the Zone district on property o ft. lots). In 1980• 10695 h Barth palcota froei R-7 to R-5 (5.0� sq- received approval the Cochran.s diad for and Partition. based on that zoning, Dipctor for a Minor Lard with conditions from the Planning rt with Washington County In 1901. the Cochran's worded the eta!f repo itian wap as instructed in the staff rept but did not reeor'd lite partition. Since the wap Y1i1s not recorded. the approving the Mirror Ls�ed Taxation did not partition Wash. Co. Dept- o! AssesswMt and orris so. the property propertyon the tax maps or in their assessment ret as$. since iece. During the Cowprehensive planner zoningt assi remained in one P have been recorded' the partition did not appear a with the si1e rwMAiMS property was R-3•b. which was in conforswanc Minor Laced partitia+ to the Pe"o� Cochran carne in to discuss the Mrs• C"hMn area. Recently Mrs- val had expired• with staff and was told that the without her knowledge. ms`s !eels that the• expiration occurred it requesting that the mil instructed to write a letter to the. Count behalf. At the Zu" the initiate a Cowprehensive Plan Am �nthe ��iter voted to initiate 1906 City Council Meting { pralans ive plan Apndwent. STAFF REPORT v CPA 4-06 C ZC 6-06 -- PAGE 1 1= 3, vicinity Information All of the surrounding properties are designated low Density and zoned R-3-5- 4. Site Information There is a small residence on the property which faces SW North Dakota. There are severak overgrown trees and shrubs on the east side of the property between the house and SW 106th. SW 106th pavement been SW North City standards with sidewalks,to i drainage,standards ardsd although w dedication of Dakota is not improved right-of-way has beenNaccommodate and im are no sidewalks is an open drainage ditch on SWorth Dakota 5. Agency and NPA Comments NPO 07 has been notified of the application request but no written comments have -been submitted. B. FINDYNGS AND OONCt-USIANS in , The relevant approval criteria the locational icriteria in Chapter i2 s case are sive Plan Policies 2.1.1, 6.1.1 and The Planning staff concludes that the above criteria are satisfied based upon the following findings: ' 1. Polin informed and cy Z.1.i is Satisfied oc stmment and Mica has teblic hearing given an opportunity ` has been sent to nearby property owners. 2- Policy 6.1.1 is satisfied because the proposed rezoning will provide for a diversity of housing densities in the area. 3, is not The locational. criteria W. sAtigtiad bscaasa the pr"srty _M do�+siFew�lop�ia�t• an addition land to the committed to � d.. "are is wast and . + ; :to ;a,, .mut. SW � abla►chad '�"! OA the '(�ns 'Morepoa ►. poor 'More too isbi'e pu C. RECOMMENDATION rased upon the above findings and conclusions, the Planning Staff recommends that the planning Commission forward a recommendation of approv i f CPA 4=46 and ZC 6-96 to City Council. RED BY; liz th N1tewton I AA A 8Y: Miilfisarecto A. Monahan PREPA Director of Community Senior Planner Development (EAN:bs117) STAFF REPORT - CPA 4-06 Z ZC "6 - PAGE 2 NE 1/4 SE 1/4 SECTION 34 T I S R I W W.M• WASHINGTON COUNTY OREGON EXIftep/r SCALE 1"- 100 SEE MAP IS 1 34AD Nr!•is'ir tf2.43 I3•.il._� do 134.2! 'INIIIAL G,I•T:r•\:.,. .» r 1000,34-117— ,� ,� 900 wlfu►L PT':: 600 1700 1 W 7 LLl { y 1 On Z -- t i A, i - 134.3 131.2• ; i lMl •:i1•.'QI ••. 1 100 w 600 LLQ Q • '� r' �" 1200 / 81 ' .3 � A 700 9 ti 7 1 1300' • C 411, • 600 t 10 4 k*Nk 84 ' N ^ 1400 t© \ A A • 3 4 500 ;1,3 " + 1500 1-. O 6 • _ r �\ 'i + 400 1903 �y _==r: AX n,1�' /. °- •. « 12 Va� •i.•.�' 1600 r .ftAL'. 1 w 0 300robIjL _ r lkY� .�'I •:.+• 302 a4.s so Y---,-1N0RTi4—* It 10*0'-4 s2 --� . DAKOTA sr er •ass 2.40" se. 131st» 1 . NOW-$ � 2400 2300 2600 2700 2800 2900 30001 / 3100 tMAC (i + o .lt rr,At '• •1• M Ic ' 23-74 r µ �fr 5 CITY OF TIGARD, OREGON ` ORDINANCE NO. 86 AN ORDINANCE At'IENOING CHARTER 5 AND chapter 7, OF THE CIVIL INFRACTIONS ORDINANCE. WHEREAS, an April 14, 1966, the City Council passed Ordinance No. 86-20, Adopting the Civil Infractions Ordinance; WHEREAS, the City Council desires to amend the Civil Infractions Ordinance so w as to remove from the code enforcement officer(s) the discretion to reduce the _ amount of civil penalty, that authority to reside solely with the code hearings officer; and WHEREAS, the City Council desires to establish the amount of the security deposit for a hearing under the Civil Infractions Ordinance at $50.00: d THE CITY OF TIGARD ORDAINS AS FOLLOWS: = Section 1: Secton 50(2)(b)(iv) shall be amended to read as follows: language to be added is shown in [brackets] and language to be _ delated is underlined. (v) The date, time and place at which the hearing on the infraction is to take place, an explanation of the ., respondent's obligation to appear at the hearing, and [that] amount of the security fees required for the hearingL [is $50.00, subject to waiver as provided in 5E(3)(b);] N,` Section 2: Section 5D(2)(c)(iii) is amended to read as follows: (iii) A notice that if the respondent denies having committed the alleged infraction and requests a hearing on the > - data indicated on the front of the summons, the security fees aiatw for the charge [in the amount of F '$50.00] must accompany the denial j, [subject to waiver as provided in SE(3)(b);] Section 3: Section 50(2)(b)(iii) is amended to read as follows: (iii) The infraction with which the respondent is charged, the class of the infraction and the maximum civil penalty for the infraction. � code enforcement officer is authorized to reduce the MM!ot of the 9nalty when paid by five respondent pursuant to9ection 50(2)(c)(10. 0RDI�iAAiCE i�0. 86 0RD3C%A= no. 06- 2— Section 4: Section 5D(2)(c)(iv) is amended to read as follows: (iv) A notice that, if the respondent admits having commited w the alleged infraction as charged, cash, a check or a money order in the amount shown on the front of the summons, must accompany the admissions[.] except that ` the respondent will be further notified of the code enforcement officer's authority to reduce the penalty pursuant to Section 50(2)(b)(iii). Section 5: Section 5E(2)(a) is amended to read as follows: (a) If the respondent admits the infraction, the respondent way complete the appropriate answer on the back of each summons and forward the summons to the civil infraction hearings officer. Cash, a check or a money order in the amount of the civil penalty for the infraction, as shown on the front of the summons, shall be submitted with the answerE.] unless the respondent and code enforcewent officer reach agreement on apenalty reduction pursuant to Sections 50(2)(b)(iii) and 50(2)(c)Civ1. An appropriate order shall be entered in the records of the civil infraction hearings officer indicating the receipt of the civil penalty. PASSED: By 1� n n,m-r�G vote of all Council members present after being read by number and title only, this day of ,'ALa 1986. Loreen R. Wilson, Acting City Recorder APPROVED: This day of 1996. n E. Cook, Mayor (2669P) ORDS N0. 86- r . (ftZW dCE:NO. 8&- T-:, . z CITY OF TIGARD, OREGON ORDINANCE NO. 86 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 8-86) (ALBERTSONS' INC.) WHEREAS, on August 8, 1986, Albertsons' Inc. filed a request to annex land into the City of Tigard; and WHEREAS, the City Council held a public hearing on August 25, 1966, to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on August 25, 1986, the City Council approved a resolution forward the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designations recommended by the Planning staff as set forth in Section I below are those which conform to those designations assigned to the properties on the Comprehensive Plan Land Use Map adopted by the City of Tigard. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of Planning staff as set forth is consistent with the Comprehensive Plan Land Use Map and Policy 10. 1.2 of r the City's Comprehensive Plan. Washington County City of Tigard Tax Map Tax Lots Zoning Zoning 291 15BA 200, 300, 400 R 25+ R 40 2S1 15A 2800, 2802, 2900 3000, 3001, 6 3002 R 24 R 25 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By vote of all Council members resent after being read b number and title only, this qS]qj_ day of , 1986. oreen R. Wilson, Acting City Recorder APPROVED: This aS 71Nday of renkL1966. l E. Cook, Mayor x, dwj/115 ORDINANCE NO. ae—_�AC- Page I CITY OF TIGARD, OREGON / ORDINANCE NO. 86— `7 3 t AN ORDINANCE AMENDING SECTION 18.32.090 OF THE TIGARD MUNICIPAL CODE (ZOA 4-86) WHEREAS, Section 18.32.090 of the Community Development Code sets forth the responsibilities of the Approval Authorities for Land Use Decisions; and the Planning Commission currently has the authority to approve, deny, or approve with conditions subdivision applications; and WHEREAS, the Planning staff has recommended to the Planning Commission and City Council that the Hearings Officer be designated as the Approval Authority for subdivisions; and WHEREAS, the Planning Commission reviewed staff's recommendation at a public hearing on August 5, 1986, and voted to recommend to City Council that Section 18.32.090 of the Community Development Coda be amended; and WHEREAS, on August 2, 1986, the City council held a public hearing to consider the Planning Commission's recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 18.32.090 of the Tigard Municipal Code shall be amended as follows. Language to be added is underlined. L". uage to be deleted is shown in [brackets]. (b)(4) Subdivision applications pursuant to Chapter 18.160 when not part of a planned development and/or no variance to Title 18 standards is requested. (c)(1) Subidivison applications pursuant to Chapter 18.160 [;] when ranauested as part of a planned development and/or in coniunction with a variance to the subdivision standards or a variance to IM-y Title 18 requirement. Section 2: That this ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: By ( ( hr. ,., rWri_. t vote of all Council members present after being read by number and title only, this 2 an day of 1986. VV reen R. Wil-so. Acting City Recorder APPROVED: This day of �, 1986. A� E. Cook, Mayor dj/130 ORDINANCE NO. 86—U R- Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 86-�� AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS AND A ROAD RIGHT-OF-WAY AREA WITHIN KNEELAND ESTATES SUBDIVISION AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.06.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to comply with a Land Use Decision Condition to allow replatting of a portion of the subdivision; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer with conditions; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 8. 1986, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and 4 WHEREAS, the Council finds that it is in the public interest to approve the request to vacate the utility easements and a road right-of-way area area within said subdivision because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land and that the first condition will require a reduction in the area to be vacated and this is reflected in the attached Exhibit "A". The conditions shall be: A 6--foot wide general utility easement shall be adjacent to SW 93rd Avenue as requested by General Telephone Company and Portland General Electric. The vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of that portion of utility easements and certain road right-of-way areas within Kneeland Estates Subdivision as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. ORDINANCE NO. 86- L 'J Paige 1 lwl3967A Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: A 6-foot wide general utility easement shall be adjacent to SW 93rd g Avenue as requested by General Telephone Company and Portland General Electric. The vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ' Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: sy S. .11�.C!!lrc�=' vote of all Council members present after being read by number and title only, this �6 _ day of `- y - 1986. ..-L reen R. Wilson, Acting Recorder _ APPRMED: This '1 day of 1986. rr E. Cook, Mayor ORDINAMM NO. 86-_2= Page 2 Iwl39674% ,a -V, EXHIBIT "A" These easements lie in the NE 114 of Section 14, Township 2 South, Range 1 West, of the Willamette Meridian, City of Tigard, Washington County, Oregon, more particularly described as: 30` _Roadwgy Easement That certain 30 foot strip of land running exactly parallel to and south of the northerly property line of Lot 127 Kneeland Estates No. 2, a recorded Plat, Washington county Plat records, bounded on the west by the westerly property line of said Lot 127 and on the 3; east by a line 6 feet westerly and parallel of the easterly property line of said Lot 127. Said easement was provided for ingress and ogress. IQ 5' Utility Easement Along Lot 128 `k. That certain 5 foot strip of land running exactly parallel to and north of the southerly property line of Lot 126 Kneeland Estates No. 2, a record Plat, Washington county Plat records, bounded on the west by the westerly line of said Lot 128 and on the east by a line 6 feet westerly and parallel of the easterly property line of said Lot 128. Said easement was granted for public utilities. 10' Utility Easement On Lot135-136 'r Beginning at a point 5 feet northerly of the northeast corner of Lot 136 said Kneeland Estates No. 2; said point of beginning being on the easterly property line of Lot 135, said Kneeland Estates No. 2; thence westerly along a line exactly parallel to the north line of said Lot 136 to a point 6 feet east of the west boundary of said Lot 135; thence parallel to said westerly boundary 10' southerly along the west boundary of said Lots 135 and 136 to a point 5 feet south of the north line of said Lot 136; thence easterly along a line exactly parallel to the north boundary line of said Lot 136 to the easterly boundary line of said Lot 136; thence northerly on said easterly boundary line, 10 feet to the point of beginning. Said easement was granted for public utilities. Revised August 26, 1956 Engineering Division lw/3967A ei EXHIBIT "B" t • U Y 1 JO e a�estttttarel�®e�•aret�tw'ert®.e9 �_..--," Z� Q W i VVI I s z 3(2N3Ad -- r_ �oua,a ,puZ6. •a•a s. a a irs wa = a : a - Emot-to « .i•• W. .•gp « • Ott a oil awas ••tiaW �. $ ••tp y O r on !ts•t 1 �.�" t "Q � . •N + ZS �y + t 8044 «« m�• . Vow 04. g of y • • !!• ; \ � la�tw t►tir•� •.� • , = ` � • C1 _� a �� e 4 « •. !tit • p.... t = •aw — .a► �t.t* _ • i ate. •' N p � err a � C.� « • �W. �o L av S it1 � C/) I a 11.12 ~ wIldh= SAME 00I G t- 1 O t.LJ esti• 1� r »� •� ae� I s z e�eautt •w� easr��e. �{ .n CITY OF TIGARD, OREGON ORDINANCE NO. 86—_y AN ORDINANCE AMENDING CHAPTER 10.28 OF THE TIGARD MUNICIPAL CODE BY AMENDING ITEM "C" OF SUBSECTION "2" OF SECTION 10.28.090 TO LIMIT PARKING ON THAT PORTION OF S.W. CENTER STREET BETWEEN GREENBURG ROAD AND 87TH AVENUE AND FIXING AN EFFECTIVE HATE THE CITY OF TIGARD ORDAINS AS FOLLOW: Section 1. That subsection 112" of Section 10.28.090 of the Tigard Municipal Code, relating to locations where parking is limited to two hours (except on sundays and holidays) during specified hours, be, and the same is hereby amended to read as follows: "10.28.090 Two hour time limit. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, continuously in excess of two hours, except on Sundays and holidays, on the following public streets and highways, or portions thereof, during the hours herein specifically designated: (2) BETWEEN NINE A.M. AND SIX P.M. : "C The northerly portion of SW Center Street extending northeasterly from the intersection thereof with Greenburg Road to the intersection of SW 87th Avenue." Section 2. That the City Administrator be and he is hereby authorized and directed to cause to have the areas in which parking limited as above set forth suitably posted in the manner provided by law. Section 3. That this ordinance shall be effective on and after the 31st day after its passage by the Council, and execution by the City Recorder and the Mayor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: PASSED: By jrlrkj,"; aaL.LS vote of all Council members present after bei read b number and title only, this Sr;% day of 1986. oreen R. Wilson, Acting City Recorder APPROVED: This '' day of 1986. John E. Conk, Mayor JH:bs141 ORDINANCE NO. 96— Page i n.. • - r w •• 4 ol 19t 46 s` F ate.) — h 3301 tbB S: z 6.46AC �7tt P , _ t�' �' t} ( liPIN9 ��� 411 _ i r 4400 a� �03 4C IV A� — X06 y +� i • r yO. ; 3 al I ti 14 a a 1 C.S 5327 C•S. 10044 a m 1m i � . � N •C. �' ter• � .t 4405 1 • e• c+ ��� '� a a3 35 AC Jp ^ oat +° �' II• h r h^ 4403 +� » 1300 : 4401 is .20AC 4 �, G �'= • /19 -4404 •, K Cj abe"• .S.No 120771 4601 4900 09 At 1 .2TAcoarr& • 1 '6 5102 14500 LV_ •c .14Ac. 4,s`� w 5000 + Vy It ; ?TAc4v It ��• • ,.: - 5100 °1D ' % . a `` � J ,� •i 4 5106 .t dsl `, O �t0 3.t al Cb X. __. set ie t _. �r ,,•:',p f r 3301 }„�f of = 6.46Qcl3tkIVIAL POiNI 4400 .4c r _ .. 2212 o 4406 .r' x/,t/4 29WAC /Ova/we/ //a/ res/Ova &sofa a r W � M � M w W 7 ,•qe J\ �\p \. •� .. .� n,+ •AIS w O ow AOA17AL ~r cipse, rs�i 1 A.,w -s r.Aa. SAVPr Jva4r, r As .� (0 IPAM M —fir A.M.� Z AW,� CAMPr 9W `yl w 446+4 47 /r \\ -,- A ;' 14601 61•,b .S.Nu f2077)Ci ZOO (�•� , ' At t • ,g7AC•' a .094C ♦ ° `ejg`, °4 eta$� � o �� '� \ 4all OSAC 500 ,' S?e A1, CCt'S) OA/_Ae=W. P�9s /4Ac. �'•,4 �-� , �� ' 5100� .,,, l� .11di��.r��il'�s%Eitet � S..w. Ar�r�jN • 5106 sWA ,�irtlT A4ffig /AI 0 OW eMr® <rJP.) ~° Cr�I �rs6itrs�rAes sillrise a�ts/ri1/ws� �iewrvr..d�` iais& oeIo.s• dwfd or ueal wesoiw• �-. s�r�ssrs lww+fiYad r rare �y�nw.r� sM�ts�r �rtT�r 191.if. y'1,'• •` i 416-3 _ ~ 3301 h� 6.46AG � •i ti•L POINT O 4 t . 49, i1 90 e pi lo C S 5327 C.S. 1004430 w C. _ 4405is AC kagoo ^�,�, �`d 4� ;�•�• -� < "� f1W6 -t A � 6 bf .1• "^ 4403 �• '� 3300 4401 : .242AC. F jt •t b ��i ZO w �iCSQ v 4404 47 v�1 �1� � •1` � ;es.� • �•],o lb S 266 0� ` �` r�z"6tC5.No120771 x`4601 4900 Z1P Al e+ � i .09Ac e °�� *mac .2TArLVAr �• `Z `. yyy o • 4600" CIO 5102 ` .z• \ x4500 06Ac � � 9• 070 t Nils• ,v .�� .14AC. .�:� b 5000 r ?7AC \ 5100 �� •NJv � •�i 44 5,106 '�� e?'+ b �• .?BAC *+ ,��ii h• 04 AF �; w0 n 5 I�C1�I/C�Cd �i�t fly vrliwlpreC}. '` // /�t�✓ti� �ID��%r�J .Jt Crlr.•t:�r.: G..o�,. Vii.. •_ _ o CS ll.!63 1 a 3301 N tii.57 z 6.46Ac IitAl POINT "j 4400 g s s saga -- `. 06 o ut .+ C 7-7: 1 C.S 5327 C.S.N Cl c' 4405 2 Me. \� A ��1,� a• .38 Ac \ SKCAMAwr 4W 1300 M/4401 4 1. ,y w r ,'4 t,� t►O atGS.T( A! AC t � M�1`6JC.S-wo.i2O77? A� 00 \� �•�.' 4501 / 4900 Zi 09 A AC Je WAC :0 Ar +a 002 0 06Ac � el. O74r. ! � .,� t► 5000 It 5100 ;k ,tom AC 5106 +'v,, �s a+ `� CD as s 2a9Ac + •t \ ` s e3►.+ ,s��yA 0 �. x ti �f �y ANDERSON. D)'TTMAN & ANDERSON ATTORNEYS AT LAV!/ TIGARD PROFESSIONAL CENTER 0000 8. W. CENTER STREET P.O. sox 83000.TIGARD. OREGON 07ans (003) 030-(I3( FVWD. A. ANDERSON DERRYCK M. DI7TMAN ROGER F.ANDE340CM October 30, 1985 City of Tigard P.O. Box 23397 Tigard, OR 97223 Attention: City Administrator There appears no doubt but what that part of S.W. Center Street lying northeasterly from the intersection thereof with Greenburg Road should not be utilized for long terra parking of vehicles, as the street is narrow, and it is our opinion that there is really insufficient area to permit parking on both sides of the street at this time. Nonetheless, we suggest that the parking be limited to that portion of S.W. Center Street as stated in the attached re- ' quest to 2 hours so that the beauty school attendants cannot lawfully leave their vehicles parked there throughout the day. I as furnishing the within proposal which is consistent with the provisions of Ordinance 84-03, and it would be appreciated if you would put this proposal before the City Council at your earliest opportunity. Please note that the first signature of Nr. Kittleson and the other sig- natures are owners or are utilizing tax lots 46 and 47. Very truly yours, ANDERSON. DITTNAN S ANDERSON Fred. A. Anderson FAA:sr Enclosure at. ;.: ,:ae rTr w+wew...•-.a .,`ate a"r_r!....v 'z= 5 rs ..-.. We, the undersigned owners or lessees of the lands indicated hereby, request the Tigard City Council to adopt an ordinance prohibiting parking for more than two (2) hours on Center Street northeasterly of S.W. Greenburg Road: Signature Address Owner or Lessee of Tax Lot i • 6 -a..Qt�...a.. Tk 088 < `, -v TL 4700 6 4600 ;tl _ l g722'` l 1. '). 'It �� ! - ' t • IT..i 7,. t/ f1 '/+nY� � 'i..1: .!.•; •fi/J<. VF u u �\ ( 2001 1 - N 32 AC KJ� a:`•+ •••s►wati war � � " AI I'o j Q ; 28 s 'n (C S No 11 1451 . v+ I 6 b a O C.S 6833 4° 1' 81 '^� V Pol). 111,_•,'f.,�19 5 1 • " �� ,L\OQ C.S. $283\0 C.S. 5283 5 0 7 0 36' ti• sr -S M1► 1 e1 t +�• - "�� I� VIAL POINT `p All W ��rr j.•K",R11i,� e�r � J �� •••Id: st. �. �. /o to Ts r , w f,'3. C,, 10044 ,.• !'• 44t'5rite Ill - C• "T'�y� - ' 1 ` `wa�l`J q Za s _ 1 V • 4403 4411ad �+ [ +. •i..G4(.14 ` 4601 N6"6(C.S.No 12077) �0 \ 4900 9 A� ;►'�� CIO ' 5102 4500 �� q• .474414 5000'A 27Ac 5100 00 5106 W ez°,� SEE M ?8AC �P Sble9a \ i u AGENDA ITEM N 2 — VISITOR'S AGENDA DATE September 8. 1986 (Limited to 2 minutes or less, please) E Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAK 6 ADDRESS TOPIC STAFF CONTACTED . lk 1335 SLu,bb- n �Orruhnd Q '�25' DATE September 8 1986 I wish to testify :ef�Py Council On lease printTigardrO the the tinforoation) the following 'tea*. Its Description: f 3 - PUBLIC HEARING - KNEELAND ESTATES ROAD AND EASEMENT VACATION e ######itAlt+Mirtlt�tAik#1l�Arlc*#####*#�r#!##�r#*##�r#fk#1tfk*!9e#A#1t#4t###ik#*##�It#it#�!t#lki�*#iUit*rr#ft Opponent (Against Issue) proponent (for Issue) N#� �dress#and*Affiliation Mme, Address and Affiliation { i *#*Alt#Allitr#!e#r#inAr#f�nktkAt#�t�Yitdk*tk##!r#dr*#tall####*lklt�YtRtk#*t'R#Ik4**!#b9'aOA+►a�►+'►w'+'+�+�awas► 7� k t � �". .. .. . ..mow•� DATE September S. 1986 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: # 4 - PUBLIC HEARING - ZONE ORDINANCE AMENDMENT 5-86 - IP ZONE USE AMENDMENT aA -f .�. ++yyyyyy,iyyyiyy yyyyyyyyyy. `` y Jy. ` yyyy rr''yy yyyJy.yy++Aiyyy+yy+yiyAyyy iy+y iLyy yy.yL+yLLyyyy.yyjjyy yyy,y yy yyyy yyyyyy`y ifw�iiFiil{af llf�l�lf�if��i��{�it�lf ii�Ai1�R�lf iaf�iii{NJ} {�R N��iflf��if if lf�Rif ii alf iRli RifR�A�1{{�1f ifRRi Proponent (For Issue) Opponent (Against Issue) Yme, Address and Affiliation tame, Address and Affiliation tip; DATE September 8. 1986 VJ I wish to testify before the Tigard City Council on the following item: (Please print the information) ITEM DESCRIPTION: # 5 - APPEAL PUBLIC HEARING - INTERPRETATION OF DIRECTOR'S DECISION IN I-P INDUSTRIAL PARK) ZONE - EQUITIES NORTHWEST Appellants (Supporting Appeal) Respondents (Against Appeal) Nass, Address and Affiliation Name, Address and Affiliation rM Bier 1133,1 "' C�rJ,rtj 11 11132- Ore",er 1?3Zr S- ` 0 ' U l.���� �I,y s1cv 3 q �Ci..� -�ntic,•cny (An._ j%/ A&r-� We, the undersigned owners or lessees of the lands indicated hereby, request the Tigard City Council to adopt an ordinance prohibiting parking for more than two (2) hours on Center Street northeasterly of S.W. Greenburg Road: Owner or Lessee Signature Address of Tax Lot # .. &AAA Z-F4AZA Tkg8� f"�� n , •� 1 , , TL 4700 5 4600 t, L to [4 �. �t ►Sof S bt 1}ct� 31i �c�6 na�,�Cr�c _... �7�zy a �.,'�'3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8 1986 AGENDA ITEM !i: DATE SUBMITTED: August 28, 1986 PREVIOUS ACTION: Passed Resolution ISSUE/AGENDA TITLE: Kneeland Calling For Public Hearing Estates Subdivision Easement 6 PREPARED BY: Loreen Wilson R-0-W Vacation Public Hearing REQUESTED BY: Lincoln Savings 6 Loan DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On July 28, 1986, Council passed Resolution No. 86-86 to call for a public hearing on Council initiated request to be held at 7:00 PM on 9/8/86. Staff requested a Council initiated vacation to vacate utility easements and a road right-of-way portion in Kneeland Estates Subdivision. No objections were filed by utility companies nor Washington County, however, General Telephone Company and Portland General Electric requested a 6-foot utility easement be retained along SW 93rd Avenue. This is accomplished by a reduction in the area to be vacated and the ordinance, legal description, and map reflect this modification. Planning Commission and the Engineering Division have recommended approval. "The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All fees will be paid by Lincoln Savings 6 Loan prior to recording of the ordinance. ALTERNATIVES CONSIDERED 1. Approve vacation request as shown. 2. Approve vacation request with amendments. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate #I. Motion to approve ordinance as presented. lw/3967A MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council August 26, 1985 FROM: Randy Clarno, Engineering Services Manager vim' SUBJECT: Vacation Report - Kneeland Estates No. 2 Subdivision Roadway and Utility Easements The Engineering Division recommends the vacation known as "Kneeland Estates No. 2 subdivision roadway and utility easements" be approved with one condition. The one condition being the retainage of 6 foot wide general utility easements, adjacent to S.W. 93rd Avenue as re- quested by General Telephone Co. and Portland General Electric. This condition can be accomplished by reducing the area to be vacated and modifying the legal descriptions. for your review.-To -rheThe revised descriptions are attachPo -d; ci The Engineering Division recommendation is based on the following findings: a) There is no effect on traffic, pedestrian or bicycle circulation. No response was received from fire or Police relative to response time; b) Drainage in the area can be adequately provided for without use of public easements in the vacation area. c) Utility company responses were received and addressed as stated above. d) The proposed vacation is not contrary to the Transpor- tation element of the Comprehensive Plan; and e) The vacation is not contrary to the Capital Improvement Plan. Reviewed and Approved: Randall R. Wooley Deputy Director/City Engin r Community Development Lorean Wilson, City Recorder August 2i6, '1986 Keith Liden, Senior Planner 14— IM: Roadway And utility gement vacata.on/itneeland Estates MW Plug Divisscm has no objection to the proponad vacation request, des, a utility easement may used to be retained to :accommodate develoPment on TAX Lot 700 to the wast.. The Engineering Division should addsers this issue. Also, attached is a CZP9 of .the Planning Commission minutes from August ending denial of the ingress/egress vacation. c ,j (2 Y i :f F - - - ac.�' ac,:.`5�*an"v�aX�_r. ..-'�---•�+�„'.�k"':' ':3,"i-�---” r� ,, n �.,y, tR d,7 i, :. r '� �� � .:}. r • 'T?IGARD --PLANNINGCOMMISSION REGULAR MEETING - 5, 1986 1. ;President Moen ,called .the meeting to =order at 7:'40 PM. The meeting Was 'held .at the Tigard °Civlc .Center Town Hall -Room - 13125 SW Hall Blvd.., Tigard, Oregon. ROL'L'CALL: +PRESENT: lPresident Moen; Commissioners Owens, Butler, Fyre, 'Peterson, •L:everett, and Newman. ABSENT: Commissioners Vanderwood and Newton. STAFF: Senior Planner Keith Liden, Secretary Diane 3elderks, Assistant Planner Deborah Stuart. 3. APPROVAL OF MINUTES Commissioner Peterson -moved and Commissioner Owens seconded to approve minutes as submitted. Motion carried 'by :majority of Commissioners present Commissioner 'Newman abstained. 4. PLANNING,-CO MIISSION 'COMMUNICATION o Reviewed memo to attend Oregon :Planning Institute - Commissioner Butler will 'be attending on Thursday and friday; Commissioner Owens will attend on `Friday. `- o Bonnie Owens will be -the Planning Commission representative for the Transportation Committee. . pUBL.IC HEARINGS X5.1 'SUBDIVISION "S '14-=86, -.LOT 'LINE ADJUSTMENT IM :16-86, VARIANCE -V '.13-86 NPO N 3 ALBERT AND .VIRGIVIA MISTEREK LOCATED: 14420 SW 114th Avenue. The :applicant requested this item lbe set over :to the August '19, '1986, Lpubl>ic ihearing. President Moen moved and Commissioner: seconded !to set the Item 5.1 over to the August 19th Planning Commission hearing. 'Mdt'.ion ,carried unanimously by lComatissioners present. S.2 iftPAWED iDEVELOPMENT SPD =4--86, 'SUBDIVISION S 12-86, .SENSITIVE 'LANDS SL 7-86, ,ZONE TCHANGE 2C .7-:86 - NPO 1! 7 - :SPECTRUM!PROPERTIES, INC. sRequest ,for =a none (Change from iR-?12 to iR-42 'PD ;(Residential, 12 units ;per 'acre', .planned development), :to !subdivide the ;property :(6.38 acres) :into 116 Idts ffrom 15,O00 to 7„000 sq. It. ._and for a Sensitive .Lands Permit to (construct thalf street Improvements imithin the 1100 ,year I -lood ;plain. Locatted.: :North side -of `SW !'North :Dakdta cappr_oximate.ly "360' east (of '.SW ;106th tAvenue t(WCTM I&I :34D'A US 1100). Senior 'Planner !Liden EeApilained `how tithis Stem had been set over from `:the 3u'1y 18th }hearing. The six CCammiissioner-s twhere split ethree to three t.on dvAm then tto <aspprnve cor :deny '_the rreques't. tDiscussion ifdllowed ,.on ;how ;to `;bes't 1proceed. Theapplicant was rnot ;present and staff `had .not=heard f rom them. SUMU JG COMMLSEM hMNMS tAugust `fs„ IUW6 >. ?Page it f :PUBLIC HEARING CLOSED Discussion followed regarding the -types of subdivision which the Planning Commission -would hear and which subdivisions the Hearings officer would hear and -thereason forthechange. o •President Moen -was concerned that subdivisionshichtileRlave a major iimpact =to a neighborhood should still be heard by Further discussionfollowed. t commissioner Owens moved and Commissioner Butler seconded to forward a ,recommendation to City Council to Amend sectionsff18.33-090 cer Oto Of hear Community at eight Development Code to allow the Hearing royal authority subdivisions and the 'Planning Commission would retain app over subdivisions -with a v planned development. Commissioners Moenand Patenvoting motion carried by majority Commissioner Newman abstained. 6. OTHER 8USI11- o `Kneeland Estates No. 2 Easements Vacations, 30' Roadway and 3 5' utility. Senior Planner Liden explained this request is the result of a Lot Line Adjustment request and approval. The Owner of lax lot 704 has a letter from Washington County approving supported the request as he an access onto Durham Road. Commissioners expressed concern for an additional access onto Durham Road, especially since this easement exists. Consensus of the Commission was to if necessary the deny the vacation of the ingress/ogress, however. location could be moved. The 3 - 5' utility easements may be vacated. Commissioner Newman moved and Commissioner Peterson seconded to forward the consensus of the Commission as a recommendation to City Council. ,o Genesis -# :2 Easements -- Lot 48, to, Slope and Utility Easements. Senior Planner Liden explained that he was not familiar with this request and did not`have additional information. Consensus of the Commission was for staff to have more information available `for -the -City =Council and Commission would support City Council's ,decision. S 7. MEETXNG4ADJOURNED '845 Pm Diane-M. Jelder v/ ecretary nTTES1 l rA. f-Donald"sten, "President c{j`/_1OO !'4&6 ,Sage 3 171 MTMG(MOMKESSION-�IiE�l M AUgust 5, ' A .CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM Stl MRY AGENDA Of: 9/8/86 AGENDA ITEM M: -- DAM- TT D: 8/27/86 PREVIOUS ACnMN: Recommendation of denial ISSW,*A:ENDA TrVLE: ZOA 5-86 by Planning Commission Ernest• & Barbara Marx PREPARED BY: Keith Liden REQUESTED BY: 0EPA1t "Off HEAD OK: r' _ CITY ADMINISTRATOR: POLICY ISSUE XuFogr4ATION SUMiiARY This Zone Ordinance Amendment to modify the permitted uses in the T-P (Industrial Park) zone was reviewed by Planning Commission on August 19, 1986, and denial was recommended. Attached is a copy of the applicant's narrative, staff report, and Commission minutes (draft). . ' R.�MWAI,ms CONSIDERED 1. Request staff to prepare an ordinance for approval as proposed 2. 'Request staff to prepare a resolution for denial. 3. Request staff to prepare an ordinance for approval with modifications. i _yAC't?ION Com' Review nformation_ -and~make a decision.:as,appropriate. W , AGENDA ITEM 5.3 PLANNING COMMISSION {. August 19, 1986 MEMO TO: Planning Commission FROM: Keith Liden, Senior Planner RE: ZOA 5-86 for Ernest and Barbara Marx A. FACTS 1. General Information CASE: Zone Ordinance Amendment ZOA 5-86 REQUEST: To allow public agency administrative services; lodge, fraternal and civic assembly; general retail sales (limited to bulky merchandise such as furniture and large appliances); and personal services, general as permitted uses in the I-P (Industrial Park) zone. APPLICANT: Ernest and Barbara Marx 13627 Sunset Blvd, Pacific Palisades, CA 90272 2. 8ack4round The I-P (Industrial Park) zone was adopted by the City in November, 1983. One amendment of this zone occurred in 1985, resulting in the list of permitted and conditional uses contained in the applicant's narrative. 3. Proposal Description The applicant is proposing that several additional uses be allowed in the I-P zone. The contention is that these use are consistent with the intent of the zone and compatible with or similar to other allowed uses. Listed below are the proposed uses to be added, the Community Development Code definitions, and the zones in which these use are presently allowed. Public Administrative Agency Refers to public service _ providers, record keeping, clerical, or public contact services that. deal directly with the citizen, together with. incidental storage and maintenance of necessary vehicles, and excludes commercial use type, "Professional and Administrative Services." Typical use types are associated with governmental offices. -' (Permitted CrN, C-G, C-P, and CBD zones.) .20A 5=8fi,"(Earnest &':Barbara`Marx) - Page 1 Lodge, Fraternal, and Civic Assembly { Refers to meetings and activities primarily conducted for the members of a particular group. Excluded from this use type are uses classified as group residential, group care, and transient lodging (all types). Typical uses include meeting places for civic clubs, lodges, or fraternal or veterans organizations. (Permitted C-G, C-P, CSD zones, conditional R-12, R-25, R-40, and C-N zones.) General Retail Sales Refers to the sale or rental of commonly used goods, and merchandise for personal or household use, but excludes those classified as Agricultural Sales, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Servi^�s, Food and Beverage Retail Sales, and Vehicle Fuel Sales. Typical uses include department stores, apparel stores, furniture stores, pet stores, or book stores. (Permitted C-G, CBD zones, permitted with 20% limit on total floor area of a project C-P and I-P zones.) Personal Services Facilities Refers to the establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of nonprofessional nature but excludes services classified ( under Spectator Sports and Entertainment Facilities, Participant Sports and Recreation, or Transient Lodging. typical uses include photography studios, driving schools and trade schools or reducing salons. (Permitted C-G, C-P, CBD zones, permitted with 20% limit on total floor area of a project I-P zone.) 4. Agency & NPO Comments The Engineering and Building Inspection Division have no objection to the request. NPO N 1 and 4 have recommended against the proposal. No other comments have been received. B. ANALYSIS AND CONCLUSIONS Section 18.30.120 of the Community Development Code states that ordinance amendments shall be consistent with Statewide Planning Goals, federal and state statutes, applicable plans adopted by Metro, applicable Comprehensive Plan policies, and relevant ordinances. No Plan policies apply directly to this application and none of the other items mentioned above would be in conflict with this request. The purpose statement for the I-P zone and a comparison with the other uses presently allowed in the j� zone provide the most suitable guidance for reviewing this proposal. The 1 . relevant purpose statements in Section 18.68.010 (a) of the Code are subsections (1), (2), and (4) which are stated below: ZOA 5-86 (Earnest & Barbara Marx) - Page 2 (1) For combining light manufacturing, office and complementary related commercial use e.g. , restaurant, barber shop, beauty salons and fitness centers; (2) For combining uses which have no off-site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off-site impacts; (4) Which prohibit residential uses. Public Agency Administrative Services are consistent with the above purpose statements and this use is similar to other categories permitted in the I-P zone such as financial, insurance and real estate services; professional and administration services; and research services. Public agencies and utility companies would be well suited for the I-P zone, particularly when vehicle and equipment storage is necessary. Lodge, fraternal, and civic assembly meets the above purpose statements and it should be noted that this is not a residential use. there are no similar uses presently allowed in the I-P zone. General retail for bulky merchandise is presently permitted in the I-P zone if it does not exceed 2O% of the total square foot of a development. The sale of bulky merchandise involves more extensive storage requirements than other commercial retail establishments. Also, the traffic generation of these uses is less than most retail uses as reflected by the parking requirement in the Code for one space for every 1,000 square feet of floor area. The Planning staff does not object to the presence of bulky merchandise sales in the I-P zone, however, clear criteria should be formulated to strictly limit this use to bulky merchandise only and to avoid the establishment of businesses which sell a variety of large and small merchandise. Personal services, general are presently allowed on a similar basis as general retail sales. This category is consistent with the purpose statement for the I-P zone and the use appears to be compatible with the intent of the zone. Since the present vocational training center located on the property owned by the applicant occupies more than 20% of the total floor area, it is considered as a non-conforming use. C. RECONMENDATION The Planning staff recommends approval of the above proposal to allow public agency administrative services; lodge, fraternal, and civic assembly; and personal services, general as permitted uses in the I-P zone. The sale of bulky merchandise is also appears appropriate, provided that clear definitions and/or criteria are established to prohibit variety stores which are only partially devoted to the sale of such merchandise. The staff will be prepared at the hearing to discuss possible methods for enforcement of this distinction between the two types of general retail sales. y dj/119 ZOA 5-86 -(Earnest & Barbara Marx) - Page 3 �.-- TIGARD PLANNING COMMISSION REGULAR MEETING - AUGUST 19, 1986 1. President Moen called the meeting to order at 7:38 PM. The meeting was held at the Tigard Civic Center - Town Hall Room . 13125 SW Hall Blvd., Tigard, Oregon. 2. ROLL CALL: PRESENT: President Moen. Co4ftissioner3 Owers, Butler, Fyre, Vanderwa�, Newton. and Newman. ABSENT: Commissioners Leverott and Peterson. STAFF: Senior Plannet. Keith Liden, Senior Planner Elizabeth Newton (arrived 9:30 PM) Secretary Diane M. Jeld'erks. 3. APPROVAL OF MINUTES Commissioner Butler moved and Commissioner Pyre seconded to approve minutes as submitted. Commissioners Underwood $nd Newton abstained. 4. PLANNING COMMISSION C(M'M'iUNICATION Senior Planner Liden stated that the applicant had requested that item 5.2 be pulled from the agenda. 5. PUBLIC HEARINGS 5.1 PL-AtNED DEVELOPMENT PD 4-86, SUBDIVISIONS 12-86, NSITIVE LANDS SL 7-86, ZON ANGE ZC 7-86 SPECTRUM PROPERTIES INC, NPO M 7 Reques for a Zone Change from R-12 to R.-12PD (Reside tial, 12 units/acre planned volopment), to subdivide 6.38 acres into 16 is from 5,000 to 7,000 sq. and for a Sensitive Lams Permit to cons ct half street improvements thin the 100 year flood plain. LOCATED: No th Side of SW North Dakota ap oximately 360' east of SW 106th Avenue (WCTM S1 34DA lot 100). Senior Planner Liden viewed the status of the application and s ested the Commission hear th item as a new hearing as there are s oral members who were not pre nt at the previous hearing. public Testi ny from the July 8th Planning ission minutes w0re read into the record. APPLICANT'S PRESENTATION o Glen McCurdy, 2798 SW Talbot Road, ortlond• Or- 97201, option holder on he property presented pictures of a site. He stated that the site d allow 40 units per acre and the where only proposing 16 single fam residences. He explained that b &use of the constraints of the flood in that they were requesting that he property owners be allowed to have portion of the flood plain in the ownership. He stated that the Corps f Engineers established the fl plain level and that adjoining su 'vision where allowed to have Po ions of the flood plain included in the lots. He did not 'feel that th a would be a flooding problem. PLANNING COMMISSION MINUTES AUGUST 19, 1986 PAGE 1 5.2 SUBDIVISION S 14-86, LOT LINE ADJUSTMENT M 16-86, VARIANCE V 13-86 NPO # 3 ALBERT AND VIRIGNIA MISTEREK NPO # 3 ( This item will be readvertised for a hearing later in the year. RECESS 8:45 PM RECONVENE 8:55 PM 5.3 ZONE ORDIANCE AMENDMENT ZOA 5-'86 ERNEST AND BARBARA MARX (TITLE 18) A request for a Zone Ordinance Amendment to Title 18 of the Tigard Municipal Code to allow public agency administration services; lodge, fratenal and civic assembly; general retail sales (limited to bulky merchandise such as furniture and large appliances(; and personal services as permitted in the IP (Industrial Park) zone. o Commissioner Newman stated that he would not participate in this hearing as his wife is one of the tenants on the property and he would be testifying as an individual. Senicr Planner Liden reviewed proposal. Lenghty discussion foll6Wed regarding changes being proposed. APPLICANT'S PRESENTATION o Chuck Cota, Cushman & Wakefield, 111 SW 5th Ave. , Suite 2400, Portland, OR 97204, representing the applicant. Explained this request was the result of property located on SW Cascade Blvd. next to Power Rents. He explained that his client will be upgrading the property and would like the flexibility to lease to uses that are being permitted in the area, such as Levitz. He questioned whether Power Rents was being catagorized appropriately. They had originally wanted to do a Zone Change on the property, but staff had discourage them and suggested they request a modification to the IP zone permitted uses. He stated that the parking requirements for bulky funiture was the same as for other warehouse uses and would be appropriate for what is in the area now. PUBLIC TESTIMONY o Geraldine Ball, NPO # 4 Chairperson, stated that their NPO felt that the property should have a zone change rather than changing the IP zone city wide. o Will Newman, 10065 SW Riverwood Lane, stated that his wife is the Director of the School which occupies half the facility in question. He did not support the proposed change. He did not feel the site had adequate parking as is and felt the request was more for a CG zone than a IP zone. He would also oppose changing the zoning on the property to CG. REBUTTAL o Chuck Cota, explained that their preference would be for a comprehensive plan and zone change, however staff would not support that proposal. He stated that the site has 60 parking spaces, which is adequate for the existing use. He continued that because of the change of uses in the area they would like the ability to lease to a wider market. <PLANNING COMMISSION MINUTES AUGUST 19, 1986 — PAGE 3 o Discussion followed regarding staff's position on a comprehensive plan and zone change. Staff felt the entire are sh ld be evaluated rather than changing the zoning on this one piece Of PUBLIC HEARING CLOSED o Consensus of the Commission was that it would It would be pmorpr ate o change the IP zone uses for the entire City. evaulate the entire area to see if a C-G designation should be assigned to the area. �t Commissioner Fyre moved and Commissioner Vanderwood seconded to forward ZOA 5-86 to City Council with a recommendation for denial. Motion carried by majority vote of Commissioners present. Commissioner Newman abstained. SS 9:32 PM RECONVENE 9:45 PM 5.4 SIGN CAGE EXCEPTION SCE 9-86 CROW�SPEY RIH0SFORD NPO # 5 Request for a Sign Cod Exception to al for the expansion of one free ree standing sign and the ability to nodi a second sign apathree rovl SCE 1- p85) I nding signs which previously received Sig Exception app on raperty zoned C-G (Commercial General-). Located: SW Garden Place ( 2S1 186 lot 400, 1400, and 1600). Senior lanner Liden reviewed the previous app oval and explained that this pro sal would increase the sign that is they all d1 Blvd. to a sate size as t one on SW Pacific Highway. Also, to ad a re r board to the sign located on 217 if ne ssary. APPLICANT'S PRESE TION o Randy Mawhirter, 50 SW Tigard, Luminite Sign, explaine that his client w&a still having di iculty with people finding their loca on. He statedst , that the message sign or 217 is something they are antici irs it may not happen. Th would not increase the size of the sign if they would make this change. o Discussion followed regardi location and what the signs would l ok like. UBLIC TESTIMONY o No one appeared to speak. PURL HEARING CLOSED o The majority of the Commissioners sup rted the proposal. Commissioner Newma was concerned that the reader bo sign location on Highway 217 would &use a visual distraction as it is ocated where the traffic merges onto 21 from Pacific Highway- Commission Fyre moved and Commissioner Va erwoodicon ed to apss ioner rove the SCE 9-8 as submitted. Motion carried by 9 Newman voting no. PAGE 4 PLANNING COMMISSION MINUTES AUGUST 19, 1906 - 4 Narrative to Request by Ernest L. Marx and Barbara R. Marx, Owners for Zone Ordinance Amendment, regarding Tax Lots 3302 and 3303, Tax Map 1S135BA. The subject property is improved with a 32,000 sq.ft. tilt-up concrete building. The northerly 16,000 sq.ft. known as 10500 S.W. Cascade Boulevard is currently leased to the California human Development Corporation. This federally funded company trains personnel, including minority groups, to work in various industries. The southerly 16,000 sq.ft. known as 10520 S.W. Cascade Boulevard is leased to National Appliance Company. National Appliance Company (NAPCO) used the space for storage. NAPCO recently relocated to a large building in Tualatin and vacated the subject space, which is currently available for lease. There are currently 60 parking spaces on the site. As indicated on the enclosed map, Power Rents is located adjacent to the subject property. A high tech/light industrial/office building was recently constructed across the street from subject property. Toys-R-Us and Levitz Furniture are located a few hundred feet north of subject property on S.W. Cascade Boulevard. The zoning of Toys-R-Us and Levitz was changed from IP-Industrial Park to CG Commercial General. In 1985, the zone of the property owned by NAPCO at the southwest corner of S.W. Cascade Boulevard and S.W. Greenburg Road was changed from IP-Industrial Park to CG Commercial General. It is believed that these zone changes were justified, because the nearby Washington Square Shopping Center caused the transition of use of properties along S.W. Cascade Boulevard from rail-served industrial buildings to the higher and better commercial uses, such as Toys-R-Us, Levitz and the high tech/office project. The current zone of the subject property is IP (Industrial Park District). Uses permitted in this zone are listed on the enclosed Exhibit "B" Section 18.68.030 of the City of Tigard Zoning Ordinance. After comparing the enclosed City of Tigard IP, Industrial Park and CG Commercial General zoning codes, it is requested that the current IP zone be amended by a Zone Ordinance Amendment to allow the following uses from the CG zone. Section 18.62.030 permitted uses in C-G district (see enclosed copy of C-G ordinance) 1. Civic Use Types A. Public agency administrative services D. Lodge, fraternal and civic assembly 2. Commercial Use Types L. General retail sales (limit to retail sales of bulky merchandise, including furniture and large appliances) O. Personal services, general Regarding civic use types mentioned above, public administra- tive agency refers to public service providers, record keeping, clerical or public contact services that deal directly with the citizen, together with the incidental storage and maintenance of andvehicles, administrativeexcludes commercial use type, pr services" . Typical use types are associated with governmental offices. Lodge, fraternal and civic assembly refers to meetings and activities primarily conducted for the members of a particular group. Excluded from this use type are uses classified as group residential, group care and transient lodging (all types) . Typical uses include meeting places for civic clubs, lodges or fraternal or veterans organizations. These uses are considered to be similar to the following uses from the IP code, section 18.68.030. (1) Civic Use Types A. Public support facilities C. Postal services D. Public safety services Including these civic type uses in the IP Zone will allow utilization of larger industrial type buildings which are often more suitable in space and cost for use by public agencies and fraternal lodges. These industrial type buildings will generally include economical storage space for these civic use types. Industrial buildings will be more likely to have the space for incidental storage and maintenance of public administrative agency vehicles. Uses such as water district and phone companys will require facilities to store equipment. General retail sales refers to the sale or rental of commonly ` used goods and merchandise for personal or household use, but excludes those classified as agricultural sales, animal sales and services, automotive and equipment, business equipment sales and services, construction sales and services, food and beverage retail sales, and vehicle fuel sales. Typical uses include department stores, apparel stores, furniture stores, pet stores or book stores. It is requested that the IP zoning ordinance be amended to allow general retail sales of bulky merchandise, including furniture and large appliances. These types of merchandise require large spaces for storage, i.e. Levitz Furniture. The most suitable buildings for these types of bulky merchan- dise sales are more often located in IP zones. The less expensive I-P zoned land makes it more feasible to construct a larger building, of which 50$ may be used for storage of the bulky merchandise to be sold from the same building. The more expensive C-G zoned land is not feasible for these types of bulky merchandise sales. The old M-4 zone, which preceded the IP zone, allowed furniture sales as a conditional use. Gevurtz Furniture located at I-5 Freeway and S.W. Bonita Road was allowed on this Losis. Smith's Home Furnishings and Director's Furniture obtained approval on properties which had mixed M-4 and C-G zones. These properties are now zoned C-G. In 1980, the zone of the former Portland Chain property acquired by Levitz Furniture was changed from M-4 to C-G. This property is located at the southwest corner of S.W. Cascade Boulevard and Scholls Ferry Road. The City of Tigard parking code for retail furniture and appliance sales requires one space for each 1,000 sq.ft. of gross floor area. This verifies that retail sales of bulky merchandise require minimal parking when compared with one space per 200 sq.ft. of gross floor area for food and beverage retail sales and one space for each 400 sq.ft. of gross floor area for general retail sales. The parking code for warehousing is generally one space for 1,000 sq.ft. of gross floor area. It is further requested that the IP zoning ordinance be amended to allow personal services, general. Personal Service Facilities refer to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of non-professional nature, but excludes services classified under Spectator 4 Sports and Entertainment Facilities, Participant Sport and Recreation, or Transient Lodging. Typical uses include photography studios, driving schools and trade schools or reducing salons. It is believed that the personal service use is compatible with public administrative agency uses and lodge, fraternal and civic assembly uses. Driving schools and trade schools zone require sideredthe tolarger compatibleoffered with maanypof the uses are ses con permitted in the IP zone. An example of a trade type school allowed in the IP zone is the California Human Development Center located at 10520 S.W. Cascade Bouleincludingiminoritylgroupsaly etocwarkrinion trains pe various industries. IP zoned land and industrial than�morebuildings expensiveare buildingsaonble and usable for theseuses more expensive CG land. Section 18.68.010 °tthe t eCity purposeTigard thenig lnP zoning ordinance stipulates in part hat district is to provide areas: (1) For combining light manufacturing, office and complementary related commercial uses, e.g. restaurant, barber shop, beauty salons and fitness centers. (6) Which provide for a circulation system that provides direct access °th ougharterials reaidentialcollectors areaathat will not channel traffic Section 18.62.010 of the Cityof°theTigard areaszoning isordinance provide stipulates that the purpose for major retail goods and services. (i) The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, ltoale theatraveling repair services or provide services public. (3) It is intended that these uses be adjacent to an arterial or major collector street. The foregoing excerpts from the I-P and C-G zoning ordinance were repeated to show the similarities of the purposes of ing space each zoe regard and locationadjacenteto aniarteriallorsmajorarge collector uses street. s In summary, it is requested that the I.P. zoning ordinance be amended to allow as additional uses the following uses allowed in the C-G sone stipulated in Section 18.62.030 of � ,r the City of Tigard zoning ordinance. °s r 1. Civic Use Types A. Public agency administrative services D. Lodge, fraternal and civic assembly 2. Commercial Use Types L. General retail sales (limit to retail sales of bulky merchandise, including furniture and large appliances) . O. Personal services, general. It is further requested that the definition of general retail sales be broken into two categories separating the sale of bulky merchandise, such as furniture and appliances, which are requested to be allowed in the IP zone from the remaining types of general retail sales allowed in the CG zone. h mg/CDC/3a5-9 L o ■111■ mills :210 N_--Imm Mom W IF NNW r■r■ +� ONE _ IfE, s;��► ,ate, `' � ANS' W 10and br RN mom -40 MEN FM �►'11► � ��/11i J l � 1 A� MOM SOON a:° : ► a ■u M> —6`} .1 js :duo ' �,•� FRro 3100 '`� � � 117M4.•HI 23-71 -61 SS SAS o i t !w" !� y.�fA�Tx t TAX of ppR • too « i0o � �N k fitci• \ \ ����.iM Cot JGARb M . .. n.. nr+ sooKto { I X00 = Nf•i �► �♦ ` / goo :Co -7Z--W-. . ' *4 r. 23-71 ,-yam ror*7T-V ,�. • goo CASiii E • �� � .. �.. •` �y�:t � .. BLVD. ` . Too I pi"a • 1! !o • ♦lip K 1 1 IS1 ` •Mom'• mass � � an w.M• MEN wowg- w EXHIBIT "B" 18.68.030 Permitted uses. permitted uses in the I—P district are as follows: (1) Civic Use Types. (A) Publ-ic support facilities; (B) Parking services; (C) Postal services; (0) Public safety services. (2) Commercial Use Types (A) Animal sales and services: (i) Veterinary. small and large animals; (d) Automobile and equipment: (i) Repairs. light. (ii) sales and rental. light equipment; (C) Building maintenance services: (o) Business equipment sales and services; (E) Business support services; (F) Comawnication services: (G) Construction sales and services; (H) Financial, insurance and real estate services; (1) laundry services; (7) Medical and dentalservices; rocreation• (K) Participation sportsand (i) Indoor, (ii) outdoor; istrative offices ,:l (L) Professional and admin (M) Research services; (N) Vehicle fuel sales; not (0) The following uses, separately or in combination shall t ecce" a total of 10X of the entire square footag development complex: (i) Convenience sales and personal services. (ii) Oay care facilities, (iii) Eating and drinking establishments, (jv(v)) Retailasales.ifacilities general. (3) Industrial Use Type. (A) Manufacturing of finished products (B) Packaging and processing; (C) Wholesale. storage and distribution; (i) Miniwarehouse. (ii) Light. (4) farming (5) Home Occupation 14.69.040 Conditional use reference ter 19.130 . londitia►1 uses in the I—P district are as follows: (1) Heliports. in accordance with the Aeronautics Division (ODOT) and the FAA; (2) Utilities. 1302P/dmj 18.62. C-G (GENERAL CD!'MRCIAL DISTRICT) { 18.62.010 Purpose The purpose of the General Commercial areas is to provide for major retail goods and services. (1) The uses classified as general commercial way involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. (2) The uses range from automobile repair and services. supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. (3) It is intended that these uses be adjacent to an arterial or major collector street. 18.62.020 Procedures and Approval Process (a) A use permitted outright, Section 18.62.030, is a use which requires no approval under the provisions of this code. If a use is not listed tis a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). .. (b) A conditional use. Section 18.62.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130. (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). 16.62.030 Permitted Uses Permitted Uses in the C-G district are as follows: (1) Civic Use Types -(A) Public agency administrative services (B) Cultural exhibits and library services (C) Public support facilities — �KgwWrp im =.p. ' (0) Lodge, fraternal and civic assembly (E) Parking services psam,,q% %s► i.;�t (F) Postal services t iWw%%Ym .N =..p. (G) Public safety facilities (2) Commercial Use Types (A) Agricultural Sales (8) Amusement enterprises (C) Animal sales and services �1RO:ITW %64 (i) Grooming (it) Veterinary: small animals (iii) Sales/Rentals, Light Equipment; III — 101 (D) Automotive and equipment (i) Cleaning (ii) Repairs: light equipment (E) Business support services Q6RN��t�yD��►2� (F) Convenient sales and personal services h kNI"al o \%%hV.5qVT %NTQ' (G) Day Care Facilities (H) Eating and drinking establishments (I) Financial, insurance and real estate services .(J) Food and beverage retail sales (K) Funeral and interment services: (i) Cremating (ii) Undertaking �-(L) General retail sales i (M) Medical and dental services (N) Participation sports and recreation: QVwointiD �iJ7��• (i) Indoor (it) Outdoor 1(0) Personal services: general -(P) Professional and administrative services K9'*kn*0 (Q) Consumer Repair services (R) Religous Assembly (S) Spectator sports and entertainment facilities (T) Transient lodging (3) !lame Occupations subject to provisions of Chapter 19.142. 19.62.040 Conditional Use tSection 19.130) Conditional Uses in the C-G district are as follows: (1) Adult Entertainment (2) Automotive and equipment (A) Fleet storage (B) Sales/Rental: farm equipment (C) Sales/Rental: heavy equipment (D) Sales/Rental: light equipment (E) Storage: recreational vehicles and boats (3) Wholesaling, storage and distribution �"•'CTso �N:t•p . (A) Mini rehouses (4) Utilities (5) Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA (6) Hospitals (7) Spectator sport facilities (9) Vehicle fuel sales (ern►,gyp 1 N S� III - 102 ,vim i 18.62.050 Dimensional Requirements Dimensional Requirements in the C-G; district are as follows: (1) There is no minimum lot area required. (2) The average minimum lot width shall be 50 feet. (3) The minimum setback requirements are as follows: (A) There shall be no minimum front yard setback requirement, however. conditions in Section 18.102 "Visual Clearance Areas" and Section 18.100 "Landscaping and Scroening" must be met. (B) On corner lots and through lots, there shall be no minimum setback requirement. however, the provisions of Chapter 18.102 (VISUAL CLEARANCE) must be satisfied. (C) No side yard setback shall be required, except 20 feet shall be required where the C-G; zone abuts a residential zoning district. (D) No rear yard setback shall be required, except 20 feet shall be required where the C-G zone abuts a residential zoning district. (4) Except as otherwise provided in Chapter 18.98 (BUILDING HEIGHT LIMITATIONS) no building in a G G zone shall exceed 45 feet. (5) The maximum site coverage shall be 85 percent including all buildings and impervious surfaces. (6) The minimum landscaping requirement shall be 15 percent. 18.62.060 Additional Requirements Additional Requirements in the C-G; district are as follows: (i) Off-street parking loading, Chapter 18.106 s (2) Access and Egress, Chapter 18.108 Y. (3) Landscaping and Screening, Chapter 18.100 (4) Signs, Chapter 18.114 (5) Monconforaing Situations. Chapter 18.132 (6) Sensitive Lands, Chapter 18.84 111 - 103 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM St MRY G� AGENDA OF: 9/8/86 AGENDA IM N: `J DATE SUBMITTED: 8/27186 PREVIOUS ACTION: Director's ISSUEAGENDA TITLE: Appeal of interpretation of the Code Director'sinterpretati � PREPARED M. Keith Liden REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Equities Northwest requested that the 20% limit on commercial uses in the f-p(Industrial Park) zone be interpreted to include Nimbus Center and Koll Business Park as one project. The applicant has appealed the Director's >�ecisfon to the Council for interpretation. Attached is the applicant's Cr letter, the Director's response, and a copy of the I-P zone. ' ALTERNATIVES CONSIDERED 1) Uphold Director's interpretation. 2) Reverse Director's interpretation. t SUAOESTED ACTION Alternative 1. Uphold Director's interpretatton. t C'- 4 S6 Mi9vep, JOHN COOK S,w, da Iliv 5c of sr �j$1 ► GRRDI oI, q7z 23 IO,J WE LIVE MT 1#332 5. rRrNwccb ,Loop /NwiTid ov/Z LIVING Reel" �` �iN#N� aCOM FACING- FANND CRECK • RE : NiM805 CE/V-rep A'7 SGtrcLLS FER1t Y R-P. � lYiM Bu S . SPEC/F1CfgLLy TME VARIANCE RFQUEST -rC) IN CREASE RCSTAUP,^N'r SPHcE FROM 20 `5c 'Ta 24,q 7 AS )REQuESTeo By N0RTNwES7' CcivsTRVCTi0N SPECIAL/STs Fog INCREAS EL, SPACE FoR WNRt' WE ARE To4D IS THE GaI DL-/r Gou1Zmer FAmiLy Ty PE RESTRuOtnNT, WE UlVbCP, 5 TANt:, 5014F SPACE HMS 91.ReAby 'BEEN APPROVED ; AS A >SLI FoR GotDfliy 67-01�RMEr WE FrEl. 'rNE VARIANCE SHOut.D N07 BE• ALe OWeD FOR, THE FOLLOLd'"a RiER$ONS {- THERE /9RE IVo7 �NouGH PHRKII`IG _ SPACES -' Z - -Tt-tERE JS AN ABUNDANCE aF 0A-r,NG PL AGES Inf Th1J5 f3RL�A 4LR6ADY, jt i 3 .- IF fi VARIANCE IN Cc1aE WERe TO 736 AtGo+.1EFf/ iT Ci:RTR L�► StlouLD SE Fam Be-r7-vR REASONS -rt4AN SuC-c-ESTER kfL-R 4' ' IF AT OUR 00M E HgvE' ALREADY Beefy C©NC ER NL D ftScv T lcoo D �D®tsS BLOWN OUR, WAY LUIT14 THE T'REV/'}IL/NG Wlav,bs FRaM 1 BuI,,G Cr P, KING TOE CcLDE!Y Croy=P,m6 T , AN INCREA-96 !N Size of -rHr Got,DEN Ta l?iESTRvRgtsT Stagy tD14D 5 z" ?o Pv T OUR FEARS Tn � R�sT, t - IRNK yov FvP- ypoP, e0NSIDr:A4Ti0/Y i f �INCERELy GL • ' Loo P +' IiGARI>, OR 4722 3 r 3 . z August 21, 1986 OREGON 25 Years of Service t�rst-ties Mitchell R. Atlee Equities Northwest 5550 SW Macadam Avenue Suite 320 Portland, Oregon 97201 Dear Mr. Allee: I have reviewed your request for a Community Development Code interpretation relating to the 20 percent limitation for convenience sales and personal services, day care facilities, eating and drinking establishments, personal service facilities, and general retail sales in the I-P (Industrial Park) zone. Section 18.68.030(2)(0) of the Code states that the above uses cannot occupy more than 20 percent of the total square footage of the "development complex" separately or in combination. I have considered your request to include the entire Koll development on the / south side of Scholls Ferry Road in order to derive the 20 percent square footage allotment for the Nimbus Center. This approach is not consistent with the code for the following reasons: 1. "Development complex" is not specifically defined in the Code, but it is/was intended at the time of adoption to apply to separate development on separate parcels. 2. The Nimbus Center and Koll Development are located on separate parcels divided by a public street. 3. The two projects were conceived and constructed at different times and not under one cohesive development plan. In order to resolve this issue as promptly as possible, your anticipated appeal of this interpretation has been tentatively scheduled for City Council review on September 8, 1986, at 7:00 PM. Please confirm your intention to appeal as early as possible. Sincerely, pe WiTifiam A. Monah , Director of Community Development dj/140 13125 SW Hall Blvd.,P.O.Box 23397,Tkprci,Oregon 97223 (503)639-4171 EQUITIES NORTHWEST 5550 S.W.Macadam Avenue Suite 320 Portland, Oregon 97201 Telephone (503) 227-0423 August 11, 1985 William A. Monahan Dir. of Community Development Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Golden Gourmet Delicatessen Dear Bill, Equities Northwest, developer of Nimbus Center, hereby requests a review of the recent decision not to allow the 4.9 percent increase in the total square footage allowed for convenience sales and personal services, day care facilities, eating and drinking establishments, personal - service facilities, and general retail sales, as was requested for the purpose of placing a full-service restaurant-delicatessen, to be known as "Golden Gourmet Delicatessen", in the Nimbus Center, In requesting this review, we are not recommending that a variance be granted for this purpose. We are requesting that this review be based what area is used when calculating the 20 percent allowance for the uses mentioned above. Instead of limiting this 20 percent allowance to the singular property of the Nimbus Center, we request that the 20 percent allowance be viewed on the area shown in the attached exhibit "A". This is requested for the following reasons: 1. This delicatessen will provide the much needed food service support for both the existing Koll Tigard tenant's, as well as the tenants for phase II which is currently under construction. 2. Recently the Neighborhood Planning Organization that originally opposed this issue, reviewed its position. Their findings were that they were very much in favor of s allowing the Golden Gourmet Delicatessen to have the o additional square footage that would allow it to better serve the business & residents of the area. 3. In interpreting the 20 percent allowance in the �. manner described within this request it allows for both the IP zoning and the Comprehensive plan to be served, as well as the business and people of the community. We at Equities Northwest make this request with the complete understanding and agreement that this request be granted for the sole purpose of allowing the Golden Gourmet Delicatessen to increase its square footage from 1,677 square feet to 3,039 square feet, as is needed for their floor plan, We are in complete agreement that this is a one time allowance and does not apply to future tenants of the Nimbus Center. Should this appeal be unable to be resolved at staff level to the satisfaction of all parties, we respectfully request that thAs matter be brought before the city council at the earliest possible time and date. If we can provide any additional information that would assist you and your staff regarding this issue, please let me know. Thank you for your time and consideration. Very truly yours, Mitchell R. Allee Nimbus Center Leasing Coordinator Jt } t r � �z �'� `,t': - `+.' U3-7�. � � 1 � 4'M MA 1: "..,p TTI y.."cl ;gym c f r n lm i !+•�.�. � lb 44 r flt �i .'. t. . 1Tnlr of 41 ip 114 18.68. I-P INDUSTRIAL PARK DISTRICT) � 18.68.010 Pur ose (a) The purpose of the I-P zoning district is to Provide areas: (1) dor combining light manufacturing, related commercial office and complementary uses e.g. , restaurant, barber shop, beauty salons and fitness centers; (2) For combining uses which have no off-site impacts in terms of noise, odor, glarelights, vibration, sr„o;ie. , other types of off-site impacts; dust or (3) ror combining parking, landscaping features and which physically and vis ally linkhstrudesign and uses within one development; andtures (4) Which prohibit residential uses. (5) Which utilise a basic street and un lit Permit flexibility in the size of blit Patternal which will indus(6) Which provide for a circulation system that provides direct access to arterials or collectors that will not traffic through residential areas. channel (2) Which utilize an internal circulation system which connect to adjoining sites, s (8) Which provide a complete set of (e.g. dead restrictions, restriction cony nants,e tstrcl )tions that are enforceable upon all occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off-street parking and site maintenance. (4) Which provide evidence of responsibility to enforce restrictions n established tinuing upon the original development plan. Pon the (10) Which recognize the differing transportation Of Qmployees and service vehicles with adequate requirements for public transit access. 18.68,020 Procedures and A royal Process (a) A use Permitted outright, Section 18.68.030, is a use which requires no approval under the provisions of this code, use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 28,g3 (UNLISTED USES). II:I = 112 (b) A conditional use, Section 18.68.040, is a use, the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.68.030 Permitted Uses Permitted Uses in the I—P district are as follows: (1) Civic Use Types l (A) Public support facilities (8) Parking services (C) Postal services (0) Public safety services (2) Commercial Use Types (A) Animal sales and service (i) Veterinary. small 6 large animals (8) Automobile and equipment (i) Repairs: light (ii) Sales and Rental: light equipment (C) Building maintenance services (0) Business equipment sales and services (E) Business support services (F) Communication services (G) Construction sales and services (H) Convenience sales and personal service (not to exceed 10% of the total square footage within the office complex) (I) Laundry services (3) Research services (K) Vehicle fuel sales (L) Eating and drinking establishments (not to exceed 10% of the total square footage within the development complex) (M) Participation sports and recreation (i) Indoor (ii) Outdoor (N) Professional and administrative offices (3) Industrial Use Type (A) Manufacturing of finished products (8) Packaging and Processing (C) Wholesale, storage and distribution (i) Mini -warehouse f (ii) Light (4)' Farming ._ . I11 _ 113 r EXNIOYI "(l" 18.68.030 Permitted uses-'- permitted uses in the t P district 'are as fnlluw� r (1) Civic Use Types (A) Public support facilities; (8) Parking services; (C) Postal services; (o) Public safety services. (2) Commercial Use Types (A) Animal sales and services: (i) Veterinary. small and large animals; (8) Automobile and equipment (i) Repairs, light, (ii) Sales and rental, light equipment. (C) Building maintenance services: (0) Business equipment sales and services; (E) Business support services; (F) Communication services; (G) Construction sales and services; (H) Financial, insurance and real estate services.- (1) ervices;(I) Laundry services; (3) Medical and Aental services; (K) Participation sports and recreation: (i,) Indoor, (ii) Outdoor; (L) Professional and administrative offices. (M) Research services; (N) Vehicle fuel sales; lowing uses, separately or in combination, shall nut (0) The fol exceed l total of 20% of the entire square footage within the development complex: (i) Convenience sales and personal services, (ii) Day care facilities, (iii) Eating and drinking establishments, (iv) Personal services facilities (v) Retail sales, general. (3) Industrial Use Type. (A) Manufacturing of finished products (B) Packaging and processing; (C) Wholesale, storage and distribution; (i) Miniwarehouse, (ii) Light . (4) Farming (5) Home Occupation 18 68 040 Conditional use (reference Chapter 18.130 _ Conditional uses in the I—P district are as follows: R (1) Heliports, in accordance with the Aeronautics Division (000T) and thv FAA; (2) Utilities. 13D2f►/dm j 18.68-04n Conditional Use_(Section 18 130) Conditional Uses in the I-P district are as follows: (1) Day rare Facilities - limited to lOX of total complex. (2) Heliports, in accordance with the Aeronautics Division (ODOT) and the FA(a) (3) Utilities 18.6t.050 Dimensional Requirements Dimensional Requirements in the I-•P district are as follows: (1) There are no minimur:. lot area requirements. (2) The average minima^ lot width shall be 50 feet. (3) The minimum setback requirements are as follows: (A) The front yard setback shall be a minimum of 35 feet. (8) On corner lots and through lots the setback shall be a minimum of 20 feet on any lot facing a street however, Lhe provisions of ChapLer 18. 102 (VISUAL CLEARANCE) must be satisfied. (C) Na side yard setback shall be required except 50 feet shall be required where the I-P zone abuts a residential zoning district. (D) No rear yard setback shall be required except 50 feet shall be required where the I-P none abuts a residential zoning district. Development in industrial runes abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. (E) All building separations must meet all Uniform Building Code requirements. (4) ExcepL as otherwise provided in Chapter 18.98 ( HEIGHT' LIMITATIONS), no building in the I-•P zoning distric't shall exceed 45 feet in height. (5) The maximum site coverage shall be 75 percent including buildings and impervious surfaces. (6) The minimum landscaping requirement shall be 25 percent. 18.68.060 Additional Re uirements Additional Requirements in the I-P district are as follows: III - 114 f (1) Off-street parking and loading, Chapter 18.106 (2) Access and egress, Chapter 18. 108 (3) Landscaping and screening. Chapter 18. 100 (4) Signs, Chapter 18.114 (5) Nonconforming situations, Chapter 18. 132 (6) Sensitive Lands, Chapter 18.84 Si= SP 111 - 115 CITY OF TIGARD, _OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8 1986 AGENDA ITEM N: DATE SUBMITTED: September 8,, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: C.I.P. Status Ra ort — August 1986 __ PREPARED BY: Randall R. Wooley al �L REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE A report on the status of the various projects in the GIP and LID programs. INFORMATION SUMMARY Attached is the monthly report on CIP projects as of August 31, 1986. ALTERNATIVES CONSIDERED 1. Receive information report; no formal action required. SUGGESTED ACTION Receive reports; no action required. (RRW:br/2503P) ri _ Page 1 F a CAPITAL IMPROVEMENT PROGRAM STATUS REPORT i' August 31, 1986 ST-1 — Resurfacirm of Fairview Lane Fairview Court & 116th Place Construction completed. ST-2 — Resurfacing of SW 66th Parkway Construction completed. ST—3 North Dakota Street Resurfacing and Reconstruction (90th to 95th) Construction will begin in mid—September. ST-4 SW 104th Avenue Reconstruction Bid opening scheduled for September 11, 1986. ST-5 — Commercial Street Connection This project has been postponed. ST-6 — Tiedeman Avenue Realignment Consultant working on final design. ST—7-- North Dakota Street Realignment at 115th Avenue Final design nearly complete. Waiting for appraisal reports for right—of--way acquisition. ST—8 — Realignment of 79th Avenue at Bonita_Road This project is being constructed in conjunction with development of Mara Woods Subdivision. The subdivision plans will be approved as soon as the required bonds are submitted. ST-9 — Main Street Improvement Study Engineering report is due in September. ST 10 — Hunziker Street Realignment Studs( Project completed. ST 11 Traffic Signal at Greenburg Road and Tiedeman Avenue To be designed by the State as a Federal Aid Project. The Federal Aid Project Request has been processed by the state. Design should begin soon. ST 12 Traffic Signal at Scholls Ferry Road and North Dakota Street Project completed. ST-13__—TTraffic Signal at Burnham Street and Hall Blvd. An agreement is being prepared for a ,point State/City project for K widening and signalization at the intersection. When the agreement is prepared, it will be submitted for Council review. (Probably September). ST 14 — Traffic Signal at Hall Blvd. and McDonald Street We were successful in getting this project rescheduled for FY 1987 construction in the State's program. Design is underway. Page 2 ST 15 L.I.D. No 85-1 Hall Blvd Street Improvements Construction will be completed in early September. ST 16 L.I.D. No 35 S.W. 68th Parkway Construction complete except street lighting. ST-17 - L.I.D. No. 40 Dartmouth Street Extension Engineering design work is approximately 40% complete. ST 18 Pacific Highway and Canterbury Lane Intersection Improvement The State has scheduled this project for 1990 construction. Other Projects 1. The Tigard Triangle traffic circulation study report should be available in September. (RRW:br/2503P) r Page 3 S � SS-1 — Sewer Master Plan We are preparing a scope of work in preparation for requesting do not also duplicate alreadyting hdone.fied Sewerage consultant proposals. We are Agency to assure that we SS 2 Pinebrook Sewer Trunk line Repairs In performing the repairs, City crews discovered additional problems. We will be evaluating how to complete the work as soon as work load permits. SS-3 — SW 69th Avenue Sewer Extension Project completed. SS-4 — O.E.A. Trunk Access Paths The work has been delayed to better coordinate with private development which has begun in the area. SS...S Watkins Avenue Sewer Repair Project complete. SS.-6 — 100th Avenue and Inez Street Sewer L.I.D. At the public hearing on April 28, 1966, the LID was defeated. SS-7 — 74th Avenue and Cherr Drive Sewer L.I.D. At the public hearing on August 11th, 1986, the LID was defeated. SS-8 — Elmhurst Sewer Extension Still working on acquiring the required easements. SS_9 89th P1 Sewer Report_ Scheduled for Spring, 1987 SS 10 Industrial Area Sewer RR Crossing Scheduled for 1987. SS—il Sewer Capacity UparadiM Projects will be defined when sewer master plan update is completed. (RRW:br/2503P) 4 zr Page 4 OF to the alignment. Construction plans are go-i — Gaaarde Street and Canter Lir Area Drains a Im rovements property owners have agree being prepared SD-2 -- Gentle Woods Channel Im rovements equipment, we are re—evaluating Due to difficult access for construction the repairs to be done. SO-3 — 100th Avenue Storm sewerr'.Mu�"dock—Sattler SchQduled for Spring, PK—' — Cook Park complete except for the pedestrian bridge to the float on All work is e is here but cannot be installed until the float the river. The bridg is repaired. Woodard Park arrived so late, Tables and grills have installed n de liveresprind• Because they they will not be in pK-3 — Summercreek Trails n rescheduled for September construction. This project has bee other Pro ects City Crews during i, Summer Lake irrigation will be installed by September. (RRW:br/2503P) Page 5 1,.... - - _ -;-.t'_'sr�;.'°4.i«P .fir'"-.�Cfiias:n.=�`-z 3t:.Ef•e)_.> �'Fa'-`3Y»�c. CIP/LID PROJECT STATUS AS Of August 31, 1986 PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION DATE L C —moi C A W W u, .i •.A Us 2, C C w > L aw wc� w 8 C h'�.. ST-1 - FairYiew Resurface z}••• •••. Cosa late �S S ST-2 - SW 68th Parkway Resurfa s,ti r ST-3 - No. Dakota Resurfacex 10/_15/86 ST-4 - 104th Ave. Reconstruct 10/15/86 ST-5 - Commercial St. Connect. .A Project -postponed Tr-6 - Tiedeman Ave. Realign. .},. �: 6/30/87 ST-7 - No. Dakota Realign. .;;.;.} 10/•31/86 r'A.:�• „�: •� ;r..tin,}ti;. Construction by l }}••;sz x+:::}fsS; }•:-$s Y~ ? Private Developer ST-8 - 79th/Bonita Realign. ,,.; {,,,; .•. ST-9 - Main St. Improve. Study ,+f.::, 9/15/86 Prelim. Engrg. Only _ ST-10-• Hunziker Realign. Study � :�;{'s Cosa lete Prelim. Engrg. Only ST-11- Greenburg/Tiedeman Sign •} .�.y � 2/28/87 ST-12- Scholls Fry/No Dak Signa. {:ti'i v'�Yr�r.f z Com lete ST-13 Burnham/Hall Signal ;•:L 12/31/87 ST-14- Hall/McDonald Signal '•' 12/31/87 _ ST-15- Hall LID 485-1 �yq 9/8/86 _- ST-16- SW 68th Parkway I.ID #35 ••, y.'v'{.•4,'� }x'},7;5; fY. 9/15/86 ST-17- Dartmouth LID *40 {yy,'{• 8/31/87 18- 99W/Canterbury Improve. ti 1990 _ PROJECT ► .: COMPLETION DATE - QOM®!�^ � � � .�,. pm ti,.-ti�n�r ti• ,�Sv1 7M I �,J,� l h ■ ED • ' • DATE Nil 5 1'1 }' ,•fl �. � , _ imam- Nil r�i ��' r �titrl�4�r � • - �,?� t3- ''S,rr r 1 to •" �- � 7•`J. wry*rti �1 r�f,~'��-� • rs�w�r�i s,�r�et r�r� r NOTE: A meeting of the Local Contract Review Board will not be necessary on 9/8/86. lw/4U69A Ot� r `St ^mak 3 S CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY t AGENDA OF: September 8, 1986 AGENDA ITEM #: DATE SUBMITTED: August 25, 1986 PREVIOUS ACTION: Adoption of 1986 ISSUE/AGENDA TITLE: Proposed 1986 Ordinance Fire Prevention Ordinances PREPARED BY: William A. Monahan REQUESTED BY: TRFPD re Dist. #1 DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should the City adopt the 1986 Fire Prevention Ordinances proposed by Tualatin Rural Fire Protection District and Washington County Fire District No. 1? INFORMATION SUMMARY Tualatin Rural Fire Protection District and Fire District No. 1 have proposed that the City adopt 1986 Fire Prevention Ordinances. The staff has reviewed the Ordinances, in particular page 6, 7, and 8 of the Tualatin Rural Fire District Ordinance. In the past, the staff has been concerned about the potential of sprinkler systems in some commercial or industrial development. The Council should review the ordinances and conduct a discussion with the Building Official and representative of the two districts. ALTERNATIVES CONSIDERED 1. Adopt the ordinance as written, approving the attached Resolution. 2. Propose revisions to the ordinance and adopt a revised ordinance. 3. Take no action. SUGGESTED ACTION The staff suggests that the Council conduct a discussion on the ordinance with z the Building Official and Tualatin Fire District and adopt the two codes by `i resolution. 44 /br11O 71y 66ki 611 MEMORANDUM CITY OF TIGARD, OREGON i TO: Members of the City Council August 29, 1986 FROM: William A. Monahan, Director, Community Development SUBJECT: Proposed 1986 Fire Prevention Ordinance The Tualatin Fire District and Washington County Fire District No. 1 have submitted proposed Fire Prevention Ordinances for adoption by participating jurisdictions. The Building Section staff has reviewed the ordinances and will be present at the September 8 meeting to discuss the codes. We support the amendments which are essentially the same. Tigard organized a meeting on June 16th with the two districts, and the cities of Tualatin and Wilsonville to discuss the code. Of prime concern was a provision added in 1984 which caused building officials and some developers to suspect that the cost of compliance could be prohibitive in some circumstances. The provision at issue is found on pages 6, 7 and a of the proposed code, Section 10.301.C. It deals with required fire flow and the calculations which determines when the installation of a sprinkler system is required. In 1984, some jurisdictions, including Tigard, adopted the proposed code without paying much attention to this section. later, we began to raise _ questions about its practical application. The Fire District feels that the section is needed to reduce the need for more fire fighting apparatus. The outcome of our discussion was a greater understanding of the Fire District position. The Fire District is convinced that the regulation will not result in significant cost increases. Please review the code, paying particular attention to the pages noted. Representatives from the Fire District will be present to answer your questions on the 8th. At that time, the Building Official, Ed Walden will also be present to give you his views on the Code. A letter was received from TFD dated May 12, 1986. No action was taken at that time at the request of the two districts. The districts needed time to coordinate their codes. The letter has value, however, as it highlights some of the changes proposed. Two documents are attached: 1. TFD - Fire Prevention Ordinance. 2. Ordinance No. 86-1 - Washington County Rural Fire Protection District No. 1's Fire Prevention Code. /brill %fir, t® P.Q.BOX 127•TUALATIN.OREGON 97062 s PHONE 882-2601 May 12, 1986 Mr. Bob Jean, Administrator City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Mr, Jean: Un;ier this cover, please find a copy of the proposed 1986 Fire Prevention Oruinance. The District is presently in the process of adopting this Ordi- nance as specified in Oregon State Statutes O.R.S. 198.510 through 198.600 and O.R.S. 478.924. This Ordinance is being adopted under the non-emergency requirements of the above sited statute sections. The schedule for adoption Is set forth as follows: 1. Reading by title only at Tualatin Rural Fire Protection District Board of Directors' meeting, May 14, 1986. 2. Second reading, Tualatin Rural Fire Protection District Board of Directors' meeting, June 11, 1986. 3. Becomes effective July 9, 1986. Sometime prior to the effective date, we respectfully request that you pro- vide time on your City Council agenda to approve Tualatin Rural Fire Pro- tection District's enforcement of this ordinance by resolution. We will be available to attend the requested resolution at your convenience. We would appreciate at least 2 weeks notice so we can avoid any potential meeting date conflict. This Ordinance is considerably thicker than the 1984 Ordinance that is being replaced. There is substantially no difference between this Ordinance and the last Ordinance that we (Tualatin Rural Fire Protection District) adopted. The bulk comes from the fact that this time we adopted the Uniform Fire Code, Uniform Building Code and Uniform Mechanical Code as basic source codes and then made amendments to them that parallel that State's amendments in the Uniform Building Codes and Uniform Mechanical Codes rather than adopt them as State amended codes. This is due to the fact that the fire district adopts the codes under statutes that are different than those which govern the State Fire Marshal 's Office and the State Building Code Division. The following will highlight the main differences between the 1984 Ordinance and this Ordinance: ~ ' 1. Adopted the basic source Uniform Building Code and Uniform Mechanical Code and made amendments parallel with the State's amendments. 2. Adopted the basic source Uniform Fire Code and amendments as in our previous ordinance as well as incorporating new amendments, policies and procedures that Tualatin Rural Fire Protection District, Fire Pre- vention Division has been practicing. 3. Revised limitations on above ground storage of flammable and combusti- ble liquids because of new D.E.Q. and E.P.A. regulations. 4. Included calculation procedures for determining required fire flows for buildings. This was previously practiced as a policy. 5. Included required permit, pian review and inspection fees that were previously part of a department standard operating procedure. 6. Eliminated the emergency adoption clause. I would be more than happy to have vW Building Official and/or ayself meet with you and/or your Building Official to answer questions or clarify any portion of this Ordinance. Also please feel free to call. We are looking forward to meeting with you, your Building Official and your Council to have this Ordinance approved. Thank you for your time and consideration. Sincerely, - ,C�� -- Ken Morss Fire Marshal KM:kw Encl: _{ cc: TRFPD Board of Directors Chief Pittard v. s - M CITY OF TIGARD, OREGON r� RESOLUTION N0. 86- — CIL PPROV IVIG AS Tt ORM THE A RESOLUTION OF THE TIGARD CITY CO UN 1 WASHINGTON COUNTY RUR�IONRDISTRICTTIIREDCOD€IT N AND TUAL- ATIN RURAL FIRE PROTECT WHEREAS, the City Council has eceived reviewed the pro- District No. 1 and posed Washington CountotectionRural FDrstricteC a Code; and Tualatin Rural rove WHEREAS. the City Council fe s e is a need to app the fire code to prescribe regulation reoorrexptosio�itions hazardous to life and property NOW, THEREFORF, BE IT RESOLVED 8Y THE TIGARD ITY COUNCIL THAT: Section 1: The Washington C ntyaR ural Fire ralProtection is- District pr 1 ddFire Code by approved as set tion District propo forth in Exhi t "A" , which by this reference is f made a part ereof. day of , 1986. PASSED: This ayor ,ro ATTEST: ecor Resolution No. 86- �F Mi CITY OF TIGARD, OREGON COUNCIL. AGENDA ITEM SUMMARY AGENDA OF: September 8th, 1986 AGENDA ITEM N: DATE SUBMITTED: August 12th, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Ordinance — Restricting Parking on SW Center St. PREPARED BY: John Hagman REQUESTED BY: Community Dev. Dept. & Adjacent Ownerships DEPARTMENT HEAD OK: �� CITY ADMINISTRATOR: _ X) POLICY ISSUE INFORMATION SUMMARY 1. Parking is currently partially restricted along SW Center Street, as illustrated in the attached Exhibit "A". 2. Various markings .and signs (some of which are not proper) currently exist therealong, as illustrated in the attached Exhibit "B". 3. A composite illustration of item N1 & p2 (above) is denoted Exhibit "C". 4. It is proposed that, in accordance with Exhibit "D" (illustration, the existing parking restriction area along the north side of Center Street from 87th Avenue to 88th Avenue, be extended all the way to SW Greenburg Road. 5. This proposal has the endorsement of City staff and of adjacent ownerships, as indicated in the attached Exhibit "E". ALTERNATIVES CONSIDERED SUGGESTED ACTION PASS.THE ORDINANCE ENTITLED "AN ORDINANCE AMENDING CHAPTER 10.28 OF THE TIGARD u' MUNICIPAL CODE BY AMENDING ITEM "C" OF SUBSECTION "2" OF SECTION 10.28.090 TO LIMIT PARKING ON THAT PORTION OF S.W. CENTER STREET BETWEEN GREENBURG ROAD AND 87TH AVENUE AND FIXING AN EFFECTIVE DATE. JH:bs l4l CITY OF TIGARO, OREGON COUNCIL AGENDA ITEM SUMARY AGENDA OF,. Sept. 8, 1986 AGENDA ITEM N: � °�CX_ consent DATE SUSKITTED: 8/27/86 PREVIOUS ACTION: Planning Commission ISSUE/AGENDA TITLE: Planning denial SCE 8-86. Director's apEroval MLP 5-89/V 19-86. Commission final order (SCE 8-86) PREPARED BY: Planning Division Director's approval MLP 5-86/V 19-86 REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATIM SUMARY Attached is Notice of Final Order for Dennis Thompson Sign Code Exception SCE 8-86. Also attachhed is Director's Decision for Marvin and John Winters MLP 5-86/V 19-86. The appeal period ends on September 2, 1986. ALTERNATIVES CONSIDERED 1. Call up for Review-by contacting City Recorder. 2. Receive and file-on September 8, 1986. SUGGESTED ACTION Receive and file. CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMISSIOU 1. Concerning Case Mumber(s): SCE 8-86 2. Mame of Owner: Gramore Inc. 10300 SW Greenburg Rd. # 470 Portland 97223 3. Name of .Applicant:+,Dennis Thompson - Address 12475 SW Main St. City Tigard StateZip 97223 4. Location of Property: Address 12035 SW Pacific Huy- Tax Nap pnd Lot NOW. 1S1 35DD lots 1000, 1001, b 1100 5. Mature of tA��,pplication: Sign Code Exception for a second free standing sign on a 40s000 sq. ft. site. sone (COMMITE 6. Action: Approval as requested Approval with conditions XX Denial 7. Notice: notice was published in the newspaper, posted at City Hall and wailed to: XX The applicant 6 owners W— Owners of record within the required distance XX The affected neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: THB OBCI8 .ON SHALL BE FINAL ON September 2, 198k;vLg8S AN APP1UlL IS FIL80. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3.30 PH September 2. 1986. 10. 4uestions: If you have any questions, please call the City of Tigard `- Planning Department, 639-4171. (0257P) q CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 86-m2l: PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH DENIES AN APPLICATION FOR A SIGN CODE EXCEPTION (SCE 8-86) REQUESTED BY GRAYMORE, INC. The Tigard Planning Commission reviewed the above application at a public hearing on August 5, 1986. The Commission based its decision on the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Sign Code Exception SCE 8-86 REQUEST: To install a second freestanding sign where one is permitted. COMPREHENSIVE PLAN DESIGNATION: Commercial General ZONING DESIGNATION: C-G (Commercial General) APPLICANT: Dennis Thompson OWNER: Graymore, Inc. 12475 SW Main St. 10300 Greenburg Rd. S-400 Tigard, OR 97223 Portland, OR 97223 LOCATION: 12035 SMI Pacific Highway (WCTM 1S1 3300 lots 1000, 1001, and 1100) 2. Background In May, 1966, the City Council granted Site Development Review approval to construct an automotive service center consisting of a building intended for auto maintenance and repair and a second building for a car wash (SDR 6-86). One access was approved for Pacific Highway and secondary driveways were approved for Center Street and Greenburg Road. Approval was also given for a larger sign (100 square feet per side rather than the standard requirement of 73 square feet) to adequately advertize the four tenants proposed for the center. 3. Vicinity Information The property is surrounded by Pacific Highway, Greenburg Road, and Center Street. The zoning on the south side of Pacific Highway is CBD (Central Business District). The properties east of Greenburg Road are zoned C-G (Commercial General) and the parcels north of Center Street are zoned C-P (Commercial Professional). FINAL ORDER 86-- �?S PC (SCE 8-86) - PAGE 1 4. Site Information The property is currently being developed as approved in SDR 6-86. The 100 square foot sign approved as part of SDR 6-86 will be located to the east of the Pacific Highway driveway and the applicant proposes to install a second freestanding sign of approximately 53 square feet per side and a height of 16 feet on the west side of the driveway. 5. Agency and NPO Comments The Engineering Division and State Highway Division have no objection to the proposal. The Building Inspection Division indicates that the standards set forth in the Code should be upheld and the request should be denied. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are contained in Section 18.114.145 of the Community Development Code. The Planning Commission concludes that the relevant Community Development Code requirements have not been met based upon the findings below: In order to justify an exception to the sign code, one of the following criteria (CDC 18.114.145) must be satisfied: 1. The proposed sign code exception is necessary because a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with he sign code standards. 2. The proposed exception to the height limits in the sign code is necessary o make the sign visible from the street because of the topography of the site. 3. There is an access drive which services the business or service from a street other than the street on which the business is located. The third criteria above has been interpreted to apply to corner lots. According to the Code, one sign on each frontage is permissible during Site Development Review if the development has direct access to each street. Both of the proposed signs will only be visible from Pacific Highway. The Commission finds that the proposed Sign Code Exception does not meet the relevant criteria for the following reasons: i. The signs are both proposed to be on the Pacific Highway frontage on either side of the same driveway and would be viewed simultaneously. 2. The buildings can have adequate wall signage gnage to advertise the various businesses. Also, the 100 square foot sign was justified for the proposed businesses including the car wash. FINAL ORDER 86— s PC (SCE 8-86) — PAGE 2 C. DECISION DENIES Spo 8 8e above findings and conclu6. sions, the Planning Commission It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of August 1986, by the Planning Commission of the City of Tigard. e-71,cw-GOT A. Donald Moen, President Tigard Planning Commission (2665P/dj) cj FINAL ORDER 86— PC (SCE 8-86) PAGE 3 CITY OF TIGARD r_. NOTICE OF DECISION '.. MLP 5-86 AND V 19-86 MARVIN AND JOHN WINTERS APPLICATION: Request by MARVIN AND JOHN WINTERS to divide a 54,481 sq. ft. parcel into three parcels of 21,602, 14,595, and 18,206 sq. feet each on Property zoned R-4.5 (Residential, 4.5 unitslacre) and located at: 11240, 11260, and 11280 SW North Dakota Street (WCTM ISI 3408 Tax Lot 2600). Also request for a variance to allow the retention of an existing gravel driveway. DECISION: Notice is hereby given that the Planning- Director for the City of Tigard has APPROVED the above application subject 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 Division for the subject property. 2. Vicinity Information Properties in all directions are zoned R-4.5 (Residential, 4.5 units per acre). 3. Site Information and Proposal Description The subject property has 3 residences of 1444, 1520.9 and 1599 square feet. The residences are served by a long gravel driveway from North Dakota Street. The applicant proposes to divide the parcel into three lots of 21,602, 14,595, and 18,206 square feet each. These lot sizes include the area of the driveway. Even though the Code does not allow the calculation of driveway area to be included in the lot area, the new lots will still surpass the minimum lot area requirements of 7,500 square feet. The actual lot sizes, excluding the driveway, are 19,197, 11,562, and 14,551.5 square feet. Driveway area totals 9139.5 square feet. 4. Agency and NPO Comments The Tigard Water District, the Tualatin Rural Fire District and General Telephone have reviewed the objections to it. proposal and have no The Building Division has reviewed the following comments: proposal and has the State law requires that each tax lot be separately sewgred to the public main. Therefore, it should be required that each new tax lot be independently sewered to the main on North Dakota Street. Driveway should be paved and trees removed so that driveway is accessible. NOTICE OF DECISION — MLP 5--86 6 V 49-86 — 'PAGE 1 The Engineering Division has reviewed the proposal and has the following comments: a. Regarding the requested variance to driveway paving standards, staff suggests requiring a to, asphalt apron (as per Washington County standards attached) to assure rapid entry-exit from the site onto North Dakota Street, extending twenty-five feet southerly from the edge of the existing road's pavement. If this recommendation is adopted as a partition condition, then the applicant or his contractor need to obtain a City street opening permit to accomplish such. b Staff recommends not requiring a standard half-street improvement on this site due to the City's Capital Improvement Project No. ST-T; staff proposes utilizing a standard non-remonstrance agreement in-lieu thereof. There is a need to assure ease of access/egress to form the applicant's site. No other comments were received. 8. ANALYSIS AND CONCLUSION The proposed partitioning is consistent with the minimum lot area of the ".S zone (7500 square foot minimum). The proposal also meets the standards for lot width, minimum setback requirements for flag lots and for a conventional lot fronting a street. . The applicant has also requested a variance to allow the retention of a gravel driveway. Section 19.134.05 discusses the criteria for granting a variance. They are as follows: (1) The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. (2) There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; (3) The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonably possible, while permitting some economic use of the land, (4) Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any-more than would occur if the development were 'located as specified in the Code; and f0aCE OF DECISION - MLP 5--66 & V 19-86 - PAGE 2 (5) The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The proposed variance will not be materially detrimental to the purposes of the Code or be in conflict with the policies of the Comprehensive Plan. Section 18.106.O5O(j)(4) of the Code requires that access drives for single and two-family homes shall be improved with an asphalt or concrete surface to standards approved by the City Engineer. The Fire District had no objections to a partially paved access drive. The paved portion of the access drive will be acceptable for emergency access. Gravel driveways can be commonly found on many properties in the City which were developed long ago - all of which are non-conforming to the present Community Development Code. The proposal will not cause an increased use of the driveway since each lot will contain an already existing residence. The uses proposed will be the same as permitted under the Code: single family residences. All other standards required by the Code for the R-4.5 zoning district have been met. Existing physical and natural systems will not be adversely affected because there will be no change other than the creation of new tax lots. No physical changes will be made other than to the driveway apron. The proposed variance is not self-imposed because the gravel drive and the more than one house per parcel met the standards at the time the lot was developed. The pavement requirement would constitute a financial hardship since no additional development will result from this proposal. The paved driveway apron will provide adequate access to North Dakota Street. C. DECISION The Planning Director approves MLP 5-86 and V 19-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF RECORDING OF THE MINOR PARTITION WITH WASHINGTON COUNTY. 2. The partition survey and legal descriptions shall be submitted to the Planning Director for review and approval. The City shall record the necessary documents after approval unless other arrangements are made with the Director. 3. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel Deeds. Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTEMANCE AGREEMENT FORMS ARE ENCLOSED. _' NOTICE OF DECISION - MLP 5-86 &`V 19--86 PAGE 3 4. The applicant shall obtain written acknowledgement from Unified Sewerage Agency of Washington County that all sewer assessments (which may be outstanding) have been paid prior to recording of the Minor Partition. 5. The applicant shall provide for roof rain drainage to the public stormwater system. 6. The applicant shall provide for connection of each of the three existing residences to the public sanitary sewerage system. A connection permit is required and may be obtained at the City Building Officials office. Each lot must be connected separately to the public sewer system. Sanitary sewer connection plan-profile details for each lot shall be provided as part of the building improvement plans. 7. Additional right-of-way shall be dedicated to the public along the SW North Dakota Street frontage to increase the right-of-way to 30 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. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 8. A non-ramonstranee agreement for the future development of SW North Dakota Street shall be executed by the applicant, on City forms, and shall be reviewed and approved by the City prior to recording. (FORM ENCLOSED) kP 4 9. A street opening permit shall be obtained by the applicant or by his contractor to provide for performing work within SW North Dakota Street in the event that it becomes necessary to cut said street to connect to the public sanitary sewer system. Posting of a 100% performance bond and payment of a permit fee is required. Said permit may be obtained at the City Engineering office. The access drive shall be paved a minimum of 20 feet into the property beginning at the property line. 10. 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 Orianization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON September 2, 198.6, UNLESS AN APPEAL IS FILED. - NOTICE OF DECISION - MLP 5-86 & V 19-86 PAGE 4 Axa 3. App2al: 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 3:30 P.M. 9, 2/86 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639-4171. w PREPARED BY: Da rah A. Stuart, Assistant Planner DA E Mill A. Monahan, Director of Community Development DOE APPROVED (DAS:dJ132) •� 11 I'TT�T I•'77`� h . NOTICE OF DECISION -- MLP 5-86 V 19-86 PAGE 5 — CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8 1986 AGENDA ITEM #: Consent �. DATE SUBMITTED: 9/2/86 PREVIOUS ACTION: Planning Commission & Hearings Officer's final orders, and ISSUE/AGENDA TITLE: Community Director's Decisions. _ Development Land Use Decisions PREPARED BY: REQUESTED BY: DEPARTMENT HEAD OK: � CITY ADMINISTRATOR:` r POLICY ISSUE INFORMATION SUMMARY FINAL ORDERS PLANNING COMMISSION: APPROVAL - Spectrum Properties (S 12-86, PD 4-86, ZC 7--86, & SL 7-86) APPROVAL - Crow-Spieker-Hosford (SCE 9-86) FINAL ORDERS HEARINGS OFFICER APPROVAL - Green Valley Deveopment (SDR 16-85 & SL 8-66) APPROVAL - TRI-MET (CU 3-86) DIRECTORS DECISIONS APPROVAL - Rick V May (May & Assoc.) HOP 21-86 APPROVAL - Will Newman (Desktop Solutions) HOP 22-86 APPROVAL - Ric & Pam Wilson (P.W. Publications) HOP 23-85 ALTERNATIVES CONSIDERED 1. Receive and file. 2. Call up for review. SUGGESTED ACTION 1. Receive and file. -{ d j/148 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): S 12-86, PD 4-86, ZC 7-86 and SL 7-86 2. Name of Owner: Spectrum Properties 3. Nance of Applicant: Same Address 111 _ Sth Ave. # 850 City Portland State OR-Zip 97204 6. Location of Property: Address North side of SW North Dakota Street, immediately west of Fanno Creek. Tax Map and Lot No(s). ISI 34DA lot 100 5. Nature of Application: Re est to divide a 6.38 parcel into 16 lots 5000 to 7000 sq. ft. and a cam oa en .area, to sage t e zoning esignation rom R-1z to -12PD, and to allow for-the intallationo a sewer line alld street improvemenEe within the 100 year flood p a . 6. Mian: Approval as requested Approval with conditions Denial 7. ce: Notice was published in the newspaper, posted at City Ball and sailed to: XThe applicant 6 owners Obmers of record within the required distance The affected Neighborhood Planning Organization Affected governmental agencies B. F 1 Decision: THE DECISION SHALL BE FINAL ON September 9, 1986 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision. and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Ball, P.O. Box 23397, Tigard, Oregon 97223. 9. �ppesl: Any party to the decision may appeal this decision in accordance with 16.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM SeRtgmber 9th. 1986 10. Motions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. (0257P) CITY OF TIGARD FINAL ORDER 86 22PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN APPLICATION FOR A PLANNED DEVELOPMENT (PD 4-86), SUBDIVISION (S 12-86) -ZONE CHANGE (ZC 7-86) AND SENSITIVE LANDS PERMIT (SL 7-86) REQUESTED BY SPECTRUM PROPERTIES. The Tigard Planning Commission reviewed the above application at a public hearing on August 19, 1986. The Commission based its decision upon the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Subdivision S 12-86, Planned Development PD 4-86, Zone Change ZC 7-86, Sensitive Lands SL 7-86. REQUEST: To divide a 6.38 parcel into 16 lots 5000 to 7000 square feet and a common open area, to change the zoning designation from R-12 to R12PD, and to allow for the installation of a sewer line and street improvements within the 100 year flood plain. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-12 (Residential, 12 units/acre) APPLICANT: Spectrum Properties OWNER: Same 111 SW 5th Ave. N 850 Portland, OR 97204 LOCATION: North side of SW North Dakota Street, immediately west of Fanno Creek (WCTM. IS1 340A lot 100). 2. Background On February 26, 1979, the City Council adopted the NPO N 7 Plan by Ordinance 79-11 which designated the property Urban Low Density. This designation was modified on May 9, 1983, when the Council adopted Ordinance 83-24 which applied the Medium Density Residential classification to the property. A Comprehensive Plan Amendment (CPA 6-83) from Medium Density Residential to Medium High Density Residential and a Zone Change (ZC 7-83) from A-12 (Residential, 12 units/acre) to A-20 (Residential, 20 units/acre) was proposed in 1983. The request was withdrawn prior to action being taken by the City Council. In 1985, a proposal for a Comprehensive Plan Amendment and Zone Change (CPA 13-85 t ZC 15-85) to rezone the property from R-12 to R-25 (Residential 25 ' units/acre) was denied by the City. FINAL ORDER 86— PC — S 12-86, PO 4-86, ZC 7-86, SL 7-86 — PAGE 1 3. Vicinity Information ( Properties to the north and east on the opposite side of Fanno Creek are zoned I—P (Industrial park) and are partially developed. The property immediately to the west remains under Washington County jurisdiction and it is developed with duplexes. Windsor Place subdivision (forl►erly Rosebud Subdivision) which is zoned R-7 (PD) Residential, 7 units/acre, planned development) is located to the northwest. A small acreage homesite zoned R-12 is on the south side of North Dakota Street. The subject property and the parcel to the south are identified in the Comprehensive Plan as being within a Developing Area. The subject property as well as the residential parcels to the west and the industrial properties to the north and east are considered to be Established Areas. 4. Site Information The property is presently undeveloped. The parcel contains 6.38 acres and approximately 2.35 acres situated in the southwestern portion of the property are above the 10o year flood plain of Fanno Creek. The applicant is proposing to create a 16 lot subdivision with the majority of the flood plain area to be dedicated as part of the City greenway system. A planned development is also requested in conjunction with this project to allow the following features: a. Private street and common driveway to serve all parcels. b. Flexible building setbacks including zero foot sideyards with a minimum of 10 feet between buildings, front yard setback for house and garage of 15 feet, and a rear yard setback of 15 feet. 5. Agency and NPO Comments The Engineering Division has the following comments: a. The fire district should be allowed to comment upon the proposed private street and driveway. b. It appears that fill may be required given the way in which the lots relate to the loo year flood plain. Since fill cannot be permitted, the applicant must take care in the final plat to create buildable areas on each lot without the need for fill. C. The Tigard Comprehensive Plan requires the construction of a bicycle/pedestrian path along Fanno Creek. This path should connect with the path at the southeast corner of the Windsor Place development to North Qakota Street. d. "Tract A" which will contain the private street should be constructed in a manner that clearly delineates a boundary between it and the public street system. Also, a 5 foot wide sidewalk should be provided along one side of the street between North Dakota Street and the driveway within Tract "B". FINAL. ORDER 86—�21PC — S'12-86, PO 4-86, ZC 7-86, SL 7--86 — PAS 2 x e, The applicant's engineering or surveyor must locate and clearly mark the boundary of the loo year flood plain prior to and during construction. These markers should be maintained and visible at all times until the construction of the residences is completed. f. The City Master Drainage Plan recommends the replacement of` the North Dakota Street bridge and for major channel improvements nearby. The applicant has expressed a willingness to construct a portion of thesa- recommended improvements. Also, NPO M 7 has suggested that a culvert be placed under the street to alleviate flooding problems until a new bridge can be installed. It is the opinion of the Engineering Division that constructing a culvert would not be beneficial and perhaps may have detrimental consequences above or below the North Dakota Street. Though the concerns of the residents regarding the flooding are fully appreciated. This issue will be best addressed by replacing the bridge and making channel improvement concurrently. The City has applied for financial assistance to replace the North Dakota Street bridge. Since the elevation of the new bridge will be higher, it will not be practical to require half street improvements along the entire street frontage to Fanno Creek. The eastern extent of the street improvements should be determined during the review of the street design. The Building Inspection Division notes that the driveway serving lots 5 through 10 may be to narrow to adequately handle vehicular traffic. Some mechanism should be provided for proper maintenance of the private street. The Tigard School District has no objection to the proposal. Washington County Fire District No. 1 indicates that a hammerhead turning area with each leg being 40 feet in length must be provided. Since the driveway will only be 20 feet in width, no parking is recommended. Finally, fire hydrants must be within 500 feet of all structures. r NPO M 7 has no objection to the proposal, but concern was expressed _ regarding the flood plain and it was suggested that a culvert be placed under North Dakota Street near the bridge. No other comments have been received. 8. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.2, 3.2.3, 3.4.2, 7.1.2, and 8.1.3; and Community Development Code Chapters 18.54, 18.80, 18.84, 18.160, and 18.164. 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: ORDER FINAL 86-—PC — S 12-86, PD 4-86, ZC 7-86, SL 7-86 — PAGE 3 a. Policy 2.1.1 is satisfied because the NPO and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Policies 3.2.1, 3.2.2, 3.2.3, and 3.4.2 will be met because Sensitive Lands approval criteria have been applied to ,this proposal. The development will not require any fill or land form alteration with the 100 year flood plain. Also, through the property deeds, subdivision plat or other appropriate means, the lot owners will be made aware of the prohibition of filling within the flood plain. C. Policy 7.1.2 is satisfied because adequate water, sewer, and storm drainage facilities are available to the development. The applicant also indicates that these facilities will be provided within the subdivision as required by City standards. d. Policy 8.1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The Planning commission determined that the proposal as submitted or with minor modification, is consistent with the relevant portions of the Community Development Code abased upon the following findings: a. Chapter 18.54 is satisfied because the application meats all the requirements of the R-12 zone. b. Chapter 18.84 is satisfied because the applicable criteria for construction within the 100 year flood plain can be met. No fill will occur within the 100 year flood plain, the dedication of the 100 year flood plain will be required, and the pods s trian/bi cycle path will be installed in conjunction with he subdivision improvements. C. Chapter 18.80 and 18.160 are satisfied because the proposal meats the applicable requirements for the submission and approval of a detailed plan and preliminary plat with one exception. Section 18.80.080 (a)(4)(c)(i) states that garage setbacks must be 20 feet from the street. The applicant must amend his plan accordingly. d. Chapter 18.164 is satisfied because the public improvements will be installed as required by the Code. C. DECISION Based upon the above findings and conclusions, the Planning Commission approves ZC 4-86, S 12-86, PD 4-86, and SL 7-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. 2. Standard half-street improvements including sidewalks, curbs, { streetlights, storm drainage and utilities shall be installed `1i along the SW North Dakota Street frontage. Said improvements shall be built to City minor collector street standards and conforms to the alignment of the existing centerline. FINAL ORDER 96 _-UPC S 12-86, PO 4-86, ZC 7-86, SL 7-86 - PAGE 4 3. The applicant's engineer shall provide an existing centerline and future design centerline profile for a minimum of 300 feet each way of the plat boundaries along S.W. North Dakota Street for final determination of the extent of installation of half street improvements. Criteria for the final design profile shall include ultimate chord elevations for the SW North Dakota Bridga as specified in the City's Master Drainage Plan. 4. Seven (7) sets of plan-profile public improvements 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 and storm sewer plan-profile details 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 fee and a sign installation/streetlight fee. Also, the execution of a 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. 7. A one (11) foot non-access strip for lot N 1 and N 13-16 shall be provided along S.W. North Dakota Street. 8. Additional right-of-way shall be dedicated to the Public along the S.W. North Dakota Street frontage to increase the right-of-way to 30 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 shall be illustrated on the plat and approved by the Engineering Section. 9. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel deeds. Said agreement shall be approved by the Engineering Section JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. 10. Tracts "A" and "B" shall be designated as general utility easement areas (public sewer, etc.). 11. The connection of Tract "A" with S.W. North Dakota Street shall be designed and constructed to clearly delineate that Tract "A" is a private roadway and is not a public street; a standard driveway apron or "bomanite type" (flush concrete) sidewalk shall span the entrance to Tract "A". A 5 foot wide sidewalk shall be provided on one side of the street in Tract "A" between S.W. North Dakota Street and the driveway in Tract "B". FINAL ORDER 96PC - S 12-86, PO 4-86, ZC 7-86, St 7-86 - PAGE 5 12. The applicant's engineer/surveyor shall locate and clearly mark the 100 year flood plain prior to actual construction commencement. Said markers shall be placed therealong from Lot # 1 through k 11, shall be maintained throughout the period of construction activity. 13. No work shall occur within the 100 year flood plain between October 1st and April 30th, unless specifically authorized in writing by the Engineering Division. A site grading plan illustrating existing and proposed contours shall be provided to the City for review, as a part of the public improvement drawings. 14. The lands within the 100 year flood plain which lie outside of the boundaries of proposed lots (i.e tract "C") shall be dedicated as Greenway. 15. An 8 foot wide paved pathway shall be installed by the applicant through the Greenway, as proposed in his submittal except that it shall be located at as high an elevation as practical. The connecting path between Tract "6" and the main path in the greenwa►y shall also be constructed with an 8 foot wide paved section. An access easement with a minimum width of 10 feet shall be provided across lot 6 and/or 7. 16. A deed restriction, notation on the plat, and/or other appropriate method approved by the City Attorney, shall notify owners of lots that are partially within the flood plain that filling, landform [ alteration, or fences are prohibited. A map showing the 100 year ` flood plain boundary shall be presented to lot purchasers prior to closing. 17. Parking shall only be allowed on one side of the street in Tract "A" and parking shall be prohibited within Tract "6". A plan for marking and/or signing shall be approved by the Washington County Fire District No. I. 18. Except for zero foot side yards, all setback requirement of the R-12 zone shall apply (15 ft. front yard, 20 ft. garage front, 15 ft. rear yard, 10 ft. corner). 19. All lots shall have a minimum of 3,050 square feet of area above the 100 year flood elevation. 20. In conjunction with the Final Plat, deed restrictions shall be recorded with Washington County which assure that: a. A 10 foot separation between the residential structures shall remain in perpetuity; b. A 10 foot separation between the residential structures shall be maintained free from any obstructions other than: (1) The eaves of the structure; FINAL ORDER 86—Z-7PC — S 12-86, PD 4-86, ZC 7-86, SL 7-86 — PAGE 6 (2) A chimney which may encroach into the setback area by not more than 2 feet; ( (3) A swimming pool; (4) Normal landscaping; or (5) A garden wall or fence equipped with a gate for emergency success and maintenance purposes; and 21. Building envelopes of all O foot setback lots shall be approved by the Planning Director prior to recording. 22. Easements shall be granted where any portion of the structure or architectural feature projects over a property line. 23. All living space floor elevations shall be over 161 feet in elevation. 24. After review and approval by the City Engineer and Community Development Director, the Final Plat shall be recorded with Washington County. 25. This approval shall be valid for one year from the signing of the final order. It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of August, 1986, by the Planning Commission of the City of Tigard. onnie Owens, Vice President Planning Commission (30ddj) --86, ZC 7-86, SL T-86 PAGE T FINAL ORDER 86—�PC - S 12-86, PD 4 -r CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMKISSION 1. Concerning Case Number(s): SCE 9-86 2. Name of owner: Crow-Spiker-Hosford # 67 3. Name of Applicant: Same Address 10300 SW Greenburg Rd. City Portland StateOR Zip 97223 4. Location of Property: Address SW Garden Place (WCTM 2S1 IBB lots 400, 1400, and 1600) Tax Map and Lot NOW. (WCTM 2S1 IBB lots 400, 1400, and 1600) 5. Nature of Application: Request to allow the modification of two freestanding signs that were previously Rproved throughthe Sign Code Exception process. 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The arpP11want owners of record within the required distance C The affected Neighborhood Planning organization Affected governmental agencies S. Final Decision: THE DECISION SHALL BE FINAL ON September 9, 19%VLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is September 9th, 1986 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. (0257P) CITY OF TIGARD PLANNING COMMISSION FINAL ORDER 86- 16PC WHICH APPROVES APPROVES AN A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, APPLICATION FOR A SIGN CODE EXCEPTION (SCE 9-86) RETESTED BY CROW-SPEIKER-HOSFORD. The Tigard Planning Commission reviewed the above application at a public hearing on August 19, 1986. The Commission based its decision upon the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Sign Code Exception SCE 9-86 REQUEST: To allow the modification of throughp the Sign Codeing signs E ception were previously approved process. COMPREHENSIVE PLAN DESIGNATION: Commercial General ZONING DESIGNATION: C--G (Commercial General) APPLICANT: Crow--Speiker-Hosforrd #67 OWNER: Same 10300 SW Greenburg Rd. Portland, OR 97223 LOCATION: SW Garden Place (WCTM 2S1 168 lots 400, 1400, and 1600). 2. Background The Park 217 project received City approval in 1978. Phase I of the project was completed in 1980-81 and Phase IT was approved by the City in 1984 (SDR 13-84). As a part of the completion of Phase I, an off-premise sign was installed at the corner of Pacific Highway and Garden Place and a second sign was constructed on the Hai! Blvd. frontage. In 1985, the Planning Commission approved a Sign Code Exception (SCE 1-85) to allow a third free standing sign along the Highway 217 frontage and the modification of the existing free standing sign on Pacific Highway. 3. Vicinity Information -The Park 217 development is an "L" shaped property which is adjacent to Highway 217 and Hall Blvd. One parcel lies between the project and Pacific Highway. The properties to the north are also zoned C-G. The area west of Hall Blvd. is zoned CBD (Central Business District) and the land to the south is zoned R-4.5 (Residential, 4.5 units/acre) and I-L (Light Industrial). FINAL ORDER 86-,26,PC - SCE 9-86 (Park 217) - PAGE 1 4. Site Information and Proposal Description The applicant proposes to enlarge the sign on Hall Blvd. from 37.5 to 61.75 square feet per side. Also, the ability to place an electronic message board on the Highway 217 sign which was approved as part of the previous application is requested. The dimensions of this sign would remain the same. 5. Aaencv and NPO Comments The Engineering Division and the State Highway Division have no objection to the proposal. The Building Inspection Division feels that electronic messages are inappropriate. No other comments have been received. B. ANALYSIS AND CONCLUSIONS This application is before the Commission because the previous approval was linked to the size and dimensions of the three signs as well as their location. The proposed modifications to the signs meet Code requirements for maximum size and height. The Commission has determined that the total sign square footage is consistent with the intent of the previous approval. The signs are 82 square feet and 13 feet in height on Pacific Highway, 45 square feet and 10 feet in height on Highway 217, and the Hall Blvd. sign will be 61.75 square feet and 13 feet in height. C. DECISION The Planning Commission approves SCE 9-86 subject to the following conditions: I. Sign permits shall be obtained as necessary for the sign construction or modification (contact Deborah Stuart 639-4171). 2. The signs shall be constructed or modified as submitted in the application. 3. Additional freestanding signs on Tax Lot 400 shall not be permitted. 4. This 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 August, 1986, by the Planning Commission of City of Tigard. yfir7 NBonnie Owens, Vice President Planning Commission f, (dj/121) FINAL ORDER 86-_PC - SCE 9-86 (Park 217) — PAGE 2 h y CITY OF TI law F. Washington County, Oregon NOTICE OF FINAL. ORDER - BY HEARINGS OFFICER I. Concerning Case Number(s): SDR 16-86 and SL 8-86 2. Name of Owner: Green Valley Development 3. Name of Applicant: Same Address PO Box 23755 City Tigard State-OR Zip 97223 4. Location of Property: Address 9460 SW Tigard St. Legal Description 2S1 2AB_ lot 1800 5. Nature of Application: Request for Sensitive Lands & Site Development Review ! royal to allow for fandform alterations within the 100 year flood Rlaiu and to construct an 8,UM sq. ft. industrIal buildEQ & related facilities on property zoned IF Undustrial Far y. 6. Agtin: Approval as requested X Approval with conditions Denial 7. vgtLc*: Notice was published in the newspaper, posted at City Hall and mailed to: Rx The applicant & owners M_ Owners of record within the required distance The affected neighborhood Placating Organization „ML_ Affected governmental agencies 8. Final Rnision• THE DECISIOg SHALL 88 FINAL ON September 9, 1986 UNLESS AN APPEAL. IS FILED. { The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223. 9. As�eal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) snA Section. 18.32:370 erhi.ch provides that a written appeal say be filed within IO'days after notice is given and sent. The deadline for filing of an appeal is 4CFMM P.K. Sept. 9th, 1986. 10. tions: -.If you have. aRy questions,: g160e- °call tba. Clt of 2- Up",: Department, 539-4171. 0257P 71 BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION) FOR A SITE DEVELOPMENT REVIEW ) No. AND SENSITIVE LANDS PERMIT; ) Craig Helmer, Applicant. ) SDR 16-86, SL 8-86 The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of August 14, 1986, at the Tigard Civic Center Town Hall Room, in Tigard, Oregon; and The applicant requests Site Development Review and a Sensitive Land Permit to construct an 8,400 square foot industrial building and to allow land form alterations in the Fanno Creek flood plain, property located on Tigard Avenue, property more specifically described as Tax Lot 1800, Map 2Sl 2AB, City of Tigard, County of Washington, State of Oregon; and The Hearings Officer conducted a public hearing on August 14, 1986, at which time testimony, evidence and the Planning Department Staff Report were received; and The Hearings Officer adopts the findings of fact and con- clusions 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 SDR 16-86 and SL 8-86 be and hereby are approved subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. Page 1 - SDR 16-86, SL 8-86 Y", . r 't 2. Standard half-street improvements including concrete sidewalk and curb shall be installed along the SW Tigard Street frontage. Said improvements along SW Tigard Street shall be built to minor collector street standards except that the curb shall be located 22' from centerline and a streetlight shall be installed adjacent to the common driveway. 3. Five (5) sets of plan-profile public improvement con- struction 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 Division for approval. 4. Sanitary sewer plan-profile details shall be provided as part of the building improvement plans. 5. Construction of proposed public street and site grading improvements shall not commence until after the Engineering Division has issued approved public improvement plans. The Division will require posting of a 100% Performance Bond and the payment of a permit fee and streetlight fee. Also, the execution of a street opening permit 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, (Contact John Hagman 639-4171) . 6. Additional right-of-way shall be dedicated to the Public along the SW Tigard Street frontage to increase the right-of-way Page 2 - SDR 16-86, SL 8-86 to 30 feet from centerline. The description for said dedication i 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 Division. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 7. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel Deeds. Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. 8. No grading, filling, or landform alteration shall occur on the property prior to approval of the necessary grading plans by the Engineering and Building Inspection Division, (contact John Hagman) . 9. The applicant shall submit a revised site/landscaping plan for Planning Director approval which includes the following: a. Revised parking plan for the property to the north. b. Vegetative screening between the parking area and Fanno Creek. c. Trees in and around the parking areas consistent with Section 18.100.110(x) of the Community Development rode. d. Dedication area for greenway purposes. 10. The Greenway dedication area shown on the Site Plan approved by the Planning Director shall be dedicated to the City on the enclosed form. (Contact Reith Liden 639-4171.) Page 3 -- SDR 16-86, SL 8-86 E 11. Necessary permits shall be obtained from the U.S. Army Corp of Engineers prior to commencement of any work on the site. 12. Work within the 100 year flood plain shall occur only during the period between April 30th and October 1st or at other, times approved in advance and in writing by the City Engineer. 13. All parking areas shall be paved. 14. Any signs placed on the property or building shall require a sign permit prior to installation. (contact Deborah Stuart 539-4171) . 1S. All landscaping materials shown on the approved land- scaping plan shall be installed prior to occupancy. 16. This approval is valid if exercised within one year of the final approval date. DATED this day of August, 1986. HEARINGS OFFICER APPROVED: 3 ` f P Page 4 - SDR 16-E6, SL 8-86 i CITY OF TIGARD NOTICE OF DECISION r HOP 21-86 APPLICATION: Request by Rick V. May for a Home Occupation Permit for a real estate appraisal business (d.b.a. "May 6 Associates") on property zoned R-4.5 (Single Family Residential; 4.5 units/acre). Location: 11750 SW 113th Place (WCTM IS134DC lot 5400). DECISION: Notice is hereby given that the Planning Director for the City of Tiard hs tion ect to certain findingsaand APPROVED conclusions onowwhich ve pthe aDirectorlbbased his decision conditions. noted below. A. FINDING OF FACT 1. Background No previous applications have been reviewed by the Planning Division for the subject parcel. 2. Vicinity Information Properties in all directions are zoned and developed R-4.5 (Single Family Residential, 4.5 units/acre). 3. Site Information and Proposal Description There is an 1100 square foot home on the property. The applicant proposes to use 264 square feet for the business. The applicant will occupy the remainder of the home. The business as proposed will not occupy more than 25% of the home. 4. Agency and NPO Comments NPO N7 will be notified of the Director's decision and will be given the right to appeal. B. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of the Tigard Municipal Code. C. DECISION Hoag occupation Permit HOP 21-86 is approved subject to the following conditions: 1. There shall be NO paid employees 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 16 MCE-OF DECISION — HOP 21-•86 — PAGE 1 3. There shall be No customers or clients coming to the residence in conjunction with the business. 4. The Home Occupation Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. There shall beno noise emitted from the home connected with the business which is audible to abutting residences. i'. There shall be no outdoor storage of materials, vehicles or products on the premises. Indoor storage of material or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health and Housing Codes. 8. This approval is valid if exercised within one year of the final decision date noted below. 0. PROCEDURE 1: time: 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 September 9th 1986 UNLESS AN APPEAL IS FILED. 3. mal: Any party to the decision may appeal this decision in accordance with Section 19.32.290(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 3:30 P.M. Sent. 9. 1986 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639-4171. P R D BY: Deborah A. Stuart, sistant Planner DATE Director of Community Development DA APPROVED Wi ase A. Monahan. Dire y 1� (DAS:cn/98) NOTICE OF DECISION — HOP 21-96 — PAGE 2 CITY OF TIGARD NOTICE OF DECISION HOP 22-86 APPLICATION: Request by Will Newman for a Home Occupation Permit for a computer consulting business (d.b.a. "Desktop Solutions") on property zoned R-4.5(PD) (Single Family Residential, 4.5 units/acre, Planned Development). Location: 10065 SW Riverwood Lane (WCTM 2S1 148C Lot 200). 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 Division with respect to the subject parcel. 2. Vicinity Information Properties in all direction are zoned and developed R-4.5 (PD) (Single Family Residential. 4.5 units/acre, Planned Development). 3. Site Information and Proposal Description There is a 1637 square foot home on the property. The applicant proposes to use 310 square feet for the business. The applicant will occupy the remainder of the home. The business as proposed will not occupy more than 25% of the home. Most of the work is done at a client's job site. 4. Agency and NPO Comments NPO #6 will be notified of the Director's decision and will be given the right to appeal. 8. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 16.142 of the Tigard Municipal Code. C. DECISION "am Occupation Permit HOP 22-86 is approved subject to the following conditions: 1. There shall be 00 paid employees 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 Cof the premises �Y - ,:. NOTICE OF DECISION — HOP 22--86 — PAGE 1 l or CITY OF TIGARD NOTICE OF DECISION HOP 23-86 APPLICATION: Request by Ric and Pam Wilson for a Home Occupation Permit for a wail order book sales business (d.b.a. "P.W. Publications") on property zoned R--4.5 (Single Family Residential, 4.5 units per acre). Location: 11065 SW 104th. (WCM 1513408 Lot 4400). 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 Division with respect to the subject parcel. 2. Vicinity Information Properties in all directions are also zoned R-4.5 (Single Family Residential, 4.5 units/acre). 3. Site Information and Proposal Description There is a 1750 square foot home on the property. The applicant proposes to use 201 square feet for the business. The applicant will occupy the remainder of the home. The business as proposed will not occupy more than 25% of the home. 4. Agency and NPO Comments NPO #7 will be notified of the Director's decision and will be given the right to appeal. 8. ANALYSIS AND CONCLUSION The proposal mots the provisions set forth in Chapter 18.142 of the Tigard fAnicipal Code. t C. DECISION Haw Occupation Permit HOP 23-86 is approved subject to the following conditions: 1. There shall be 00 paid employees 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 promises. 3. There shall be NO customers or clients coming to the residence in conjunction with the business. n.;. NOTICE OF DECISION — 140P 23-86 — PAGE 1 g, The Home Occupation Permit shall be renewed annually. t 5, A Business Tax shall be paid annually for the business. 1. 6• There shall business which is i o audibletotted from the abutting residenceonnected with the noise s� 7, There shall be no outdoor storage of materials, vehicles or products oe the promises.limitationsrimposedebyf theterial or provisions otproducts he shall not exceed the Building, Fire, Health and Housing Codes. 8. This approval is valid if exercised within one year of the final decision date noted below. D, PROCEDURE t, Notice: Notice was published in the newspaper, posted at City Hall and mailed to: X The applicant 6 owners -.X 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 September 9 1986. UNLESS AN APPEAL IS FILED. 3. AARMI Any party to the decision may appeal this decision in accordance with Section 18.32.29o(A) and Section 18.32.37o of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within to days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M. Sent•, 9-a- 1286 --• s. his ►s: If you have any questions. Please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., Po Sox 23397, Tigard. Oregon 97223, 639--4171. DATE PARED BY: Deborah A. Stuart, Asst. Planner 0000' WW04- Wil as A. Monahan. Director of Community Development DATE APPROVED (OAS:WV98) WaCE OF DECISION — HDP 23-86 — PAGE 2 4; s ae MEMORANDUM i CITY OF TIGARD, OREGON TO: Mayor and Council August 18, 1986 FROM: Doris Hartig-Deputy Community Services Director SUBJECT: July 186 Department Report Accounting staff is being trained on the new Burroughs System. The conversion to monthly sewer billing continues with the first monthly billing for cycle one in July. FY 85-86 books are being closed and schedules prepared for the annual audit which will begin in August. The Finance Director has resigned to take a position with the City of Milwaukie. Her last working day is August f 22nd. Word Processing and Municipal Court Division are having difficulty in keeping <;fi up with the workload and there is little time to work down the backlog. She Acting City Recorder completed the IIMC certification program for Recorders. TPOA contract maiiation continues. OPEU - Salary Grievance arbitration was heard on July 319t, and it will be approximately 30 days before we receive the arbitrator's decision. From all workload indicators the volume of work has increased. DH:bs4033A w Y r .e WORK LOAD INDICATORS 2 JULY '85 JULY '86 Expenditure Reimb., Requests Processed SHE 38 Purchase Order Processed 126 152 Recruitments 4 6 Hires 3 8 Termination 3 4 Umemployment Claims —0" "O"' Claims Filed: SAIF 1 4 Liability (See attached report) 5 1 Checks Written: Accounts Payable 216 271 Payroll 104 271 Sewer Payment Recd 1189 1782 Sewer Bills Sent 1665 1776 Name, address changes 275 308 Cash Receipts 660 864 Ward Processing work orders received 72 308 Emergency Requests it 106 Pages Processed 9,265 28,625 Average turn around 5.2 9 Telephone Calls 5,810 12,692 Walk—Ins 2,112 N/A Volunteer Hours 0 0 a# information not available lei:bs4033A 8/11/86 CITY OF TIGARD R CLAIM STATUS REPORT DATE OF LOSS CLAIMANT DESCRIPTION STATUS 2/13/65 Mervin Boen False arrest pending 8/21/84 George Kusiowski Ins. impounded clt's car no activity (Officers Johnson, Ober, & Newman) 2/4/85 Fredric Nickel Criminal counter cplt. open (Officer Hal Merrill) 3/20/83 Fred Ozan False arrest Appeal Filed (Officer Killion) 1/11/85 Harry Field Alleges False Arrest pending (Office Merrill) 7/20/85 Steven Bacon False Arrest (Officer Harburg) claim reopened 3/16/85 Julie B. Winkelman Wrongful Death pending 10/16/85 Opal Kaska Failed to yield right--of-way pending subro. $278,20 Collision paid 12/15/85 Ron & Peggy Cole Loss of jewelry - stolen Reopened after insured had possession 7j3/85 Bui-Thank Van Insured hit claimant pulling Insured: $2,530.66 out from stop sign Claimant: $3,570.33 Add11. payment at $168.01 to claimant 4!5!86 John Hutchinson Trees cut on private Pending property 7/25/86 R.A. Cutshall Bike hit cable in park path New claim (1DH:9b/0886F/OO19F) TO: Library Board City Council C'W OFTIOARD FROM: Library Director SUBJECT: Monthly Report, July :986 OREGON 25 Yaws of SeMce 9961-1986 WCCLS: The Structure and Gove-rnance Committee continues to meet and evaluate various models for continuing zounty-wide library service. Automation: The cable was finally installed and staff and volunteers are putting in the Tigard Public Library collection on three terminals. Volunteers: Forty-three volunteers gave a total of 500.75 hours; daily average 19.26 hours. Staff ri=e, 34 hours for month. Two Community Service assignees worked a total of 44.5 hours; daily average, 1.7 hours. Staff time 1.55 hours for month. Library Board gave 12 hours. Youth_Services: The summer reading programs included a reptile presentation, films and a juggler. The Jung'_e Club sessions continue to be well--attended. The shelves in the E sections are almost completely bare. Orders have been placed for all ages, fiction and non-fiction. Children's circulation is up 80% over 1985; juvenile non-fiction has had a 184% increase. The project to "man" the children's desk when the librarian is not scheduled is not as suc- cessful as we'd hoped because of lack of interest. C Work Indicators:_ July 1986 July 1985 Adult Materials 8211 5855 Juvenile Materials 7009 3894 TONAL 15,220 9749 Days of Service 26 21 Average Daily Circ 585 464 Increase/Decrease Circ +562 +14% Reference/Readers' Advisory 461 306 Books in use in Library 1469 546 Storytime (session) 272 (10) 118 (5) Special Children's Programs 240 (7) 92 (5) Materials Added/Withdrawn 444/6 211/7 Borrowers: New/Renewal 393/172-565 184/119-301 NOTE: Increases in various output measures listed below are July 1985/July 1986. Overall circulation +56% Children's circulation +80% Reference/Readers' Advisory +26% Books in use in Library +169% Patron registration: new/re=ewal +58%/452 -872 N/A Books per hour 67 Hours of Service 226 N/A 13125 SW Hail BIVd.P.O.Box 23397.Tigard Oregon 97223 (503)639-4M t -I MEMORANDUM � '} CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council August 26, 1986 FROM: Bob Jean, City AdministratorQ�.7 SUBJECT. Council Meetings Calendar Mon. 9/1 NO MEETING. HOLIDAY. CIVIC CENTER CLOSED. Wed. 9/3 Council & Tualatin Fire Board, 7:00 at Civic Center. Mon. 9/8 Study Session at 6:30, Council at 7:00. Wed. 9/10 Council and Wash. Co. Commission Dinner Workshop, 6:30 at Civic Center. Sat. 9/13 Community Services Director Assessment Center. (Assessor Training, Friday 9/12) Mon. 9/15 Study Session at 6:30, Council at 7.00. Tues. 9/16 Neighborhood Town Hall at Phil Lewis. Wed. 9/17 Neighborhood Town Hail at Mary Woodward Mon. 9/22 Study Session at 6:30, Council at 7:00. Tues. 9/23 Neighborhood Town Hall at Charles F. Tigard. Wed. 9/24 Neighborhood Town Hall at Templeton. Mon. 9/29 NO COUNCIL Mon. 10/6 NO COUNCIL Mon. 10/13 Study Session at 6:30, Council at 7:00. Mon. 10/20 Study Session at 6:30. Council at 7:00. Mon. 30/27 Study Session at 6:30, Council at 7:OO. Mon. 11/3 Study Session at 6:30, Council at 7:00. Tues. 11/4 CC Position Election. 11/8-11/10 League of Oregon Cities Conference, Eugene. Mon. 11/10 NO COUNCIL Mon. 11/17 Study Session at 6:30, Council at 7:00. Mon. 11/24 Study Session at 6:30, Council at 7:00. Man. 12/1 Study Session at 6:30, Council at 7:00. Mon. 12/8 Study Session at 6:30, Council at 7:00. Mon. 12/15 Study Session at 6:30, Council at 7:00. Mon. 12/22 NO COUNCIL. Mon. 12/29 NO COUNCIL. Mon. 1/5 Annual Town Hall. r� dc71 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: ,September 8, 1986 AGENDA ITEM #: �� DATE SUBMITTED: August 27 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Easement Vacation Reguest SW Burnham Street PREPARED BY: Lorean Wilson TLY7 Vacaq+ REQUESTED BY: City St f _ LJ(U0DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request consistent with Council policy as adopted by Resolution No. 85-30 — INFORMATION_SUMMARY The City staff is requesting vacation of a portion of SW Burnham Street (adjacent to Tigard Arco on SW Main Street). This request will allow the used street to revert to private ownership and remove the maintenance burden from the City. Since this vacation is requested by City staff, Council initiation of the vacation request is recommended. The City would be responsible for all fees associated with the cost of the vacation process. If the attached resolution is approved, the public hearing would be scheduled forfor 10/13/86, The City Recorder will mail notice to each property r who would normally be required to sign a vacation petition. w ALTERNATIVES CONSIDERED 1. Approve attached resolution calling for public hearing on 10/13/86, 2, Take no action at this time and require property owner to circulate petition. SUGGESTED ACTION Staff recommends alternative #1. lw/4101A .�. . _ . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY G� AGENDA OF: September $ 1986 AGENDA ITEM 0' t DATE SUBMITTED: August 27 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Easement Vacation Request-- SW Electric PREPARED BY: Loreen Wilso �:_ Street - Near Tigard Arc REQUESTED BY: Citv St ff DEPARTMENT HEAD OK: CITY ADMINISTRATOR:'— POLICY ISSUE Council initiated Street Vacation request — consistent with Council policy as adopted by Resolution No. 85-30 INFORMATION SUMMARY The City staff is requesting vacation of a portion of SW Electric Street near Tigard Arco Cas Station on SW Main Street. This request would allow the used portion of street to return to private ownership and would remove the maintenance requirement from the City. Since this vacation is to the advantage of the City, staff would recommend Council initiate the vacation 4._ request. The City of Tigard would be responsible for all fees associated with the cost of the vacation process. If the attached resolution is approved, the public hearing would be scheduled for 10/13/86. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1. Approve attached resolution calling for public hearing on 10/13/86. 2. Take no action at this time and require property owner to circulate petition. SUGGESTED ACTION Staff recommends alternative 0. rt e' lw/4100A CITY OF TIGARD OREGON t COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8, 1986 AGENDA ITEM DATE SUBMITTED: August 27, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Street Vacation Request - Pine Street (SW PREPARED BY: Loreen Wilson Office-SURRIS Parki Are REQUESTED BY: City Staff DEPARTMENT HEAD OK: CITY ADMINISTRATOR: a. POLICY ISSUE �M Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30 INFORMATION SUMMARY City Staff is requesting, vacation of a portion of right-of-way formerly known as Pine Street which is currently being used by SW Office Supply for parking along SW Main Street. This request will allow SW Office Supply to improve the parking area for better circulation and parking use in the downtown area. Since this vacation will eliminate a piece of public street which is not currently on the maintenance schedule of the City and is in need of maintenance and repair, staff would recommend Council initiate the vacation request. Fees associated with the cost of the vacation process will be paid by the City of Tigard. If the attached resolution is approved, the public hearing would be scheduled for 10/13/86. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1. Approve attached resolution calling for public hearing on 10/13/86. 2. Take no action at this time and require property owner to circulate petition. a. SUGGESTED ACTION Staff recommends alternative (i1. a`W lw/4099A _. a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September B. 1986 AGENDA ITEM q: DATE SUBMITTED: August 27, 1986 PREVIOUS ACTION- ISSUE/AGENDA TITLE: Easement vacation Request - Genesis II _Subd. PREPARED BY: Loreen Wilson REQUESTED BY: Loreen Wil n DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30 INFORMATION SUMMARY The First Interstate Bank of Oregon has requested vacation of 15' of a slope easement rand 10' of a utility easement within Genesis II Subdivision, Lot 48. This request is necessary for utility service reasons. (The utility companies installed service to this lot within the front 5' of the slope easement and not the utility easement area.) Since this vacation is required to bring the _- subdivision plat into compliance with the actual construction information, staff would recommend Council initiate the vacation request. First Interstate Bank would pay all fees associated with the cost of the vacation processing. If the attached resolution is approved, the public hearing would be schQduled for 10t13/86. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. -} ALTERNATIVES CONSIDERED -S 1. Approve attached resolution calling for public hearing on 10/13/86. � q 2. take no action at this time and require property owner to circulate s: petition. F SUGGESTED ACTION Staff recommends alternative #1. ,k lw/4097A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8, 1986 AGENDA ITEM #: �- DATE SUBMITTED: August 27, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Easement Vacation Request - Colony Creek IV PREPARED BY: Loreen Wilson :Ft -2 Subdivision REQUESTED BY: Titan ro erties Corp. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30 .___._. INFORMATION SUMMARY Titan Properties Corporation has requested vacation of a 5' side-lot utility easement within Colony CrQok Estates #4 Subdivision, Lot 96. This request is necessary as the home being constructed on the site has encroached within this easement. (The utility companies have supported this vacation by claiming no interest in the easement.) Since this vacation is required to bring the construction project into compliance with City statutes, staff would recommend Council initiate the vacation request as soon as possible. Titan Properties Corporation would pay all fees associated with the cost of the vacation process. If the attached resolution is approved, the public hearing would be scheduled for 10/13/86. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1. Approve attached resolution calling for public hearing on 10/13/86. 2. Take no action at this time and require property owner to circulate petition. SUGGESTED ACTION Staff recommends alternative #1. s. lw/4098A a Cl"') OF TIGARD. OP_GON t' COUNCIL AGENDA ITEM. SUMMARY AGENDA OF: September 8, 1986 AGENDA ITEM t : Consent / DATE SUBMITTED: August 26, 1986 PREVIOUS ACTION: ISSUE:/AGENDA TITLE: AAUW gift piano _ to City REg'„ESTED BY: Irene E. Erten DEPARTMENT HEAD OK: � CITY ADMINISTRATOP.: s ssssaa¢assasssssaasaaasscsaaacssssasas.ncs- - _ __ 1 INFORMATION SUMM.;,Ry Three members of the Tigard Branch of AAUW have offered to obtain a baby grand piano for the City of Tigard. Dorothy Worrall, Jean Lindsay and Donna Hammersly (all AAW6 members) have located a piano appraised at $5,000. The seller has priced it at $4500 but will donate $1,000 of that price. Another $2,000 has been pledged, leaving $1500 to be raised. AAUW does not conduct fund raisers for any projects except educational. However, members may sponsor projects and be supported by the local branch. Worrall, Lindsay and Hammersly plan to organize a series of piano concerts at the Civic Center to finish paying for the instrument. It is hoped that appropriate more donations as well. The City will not be committed p publicity may elicit n the remaining $1500. Worrall, Lindsay and Hammersly believe that xaeformaloacceptancepay anyffrom the City Council will give their project authenticity and aid in their efforts to solicit funds. The piano has been checked by two qualified piano technicians who say it is in excellent condition. The piano will be mounted on a permanent dolly. It will be stored in front area of the library* and can be moved to the town hall for concerts and recitals. It has a locking keyboard cover. - zaxasaaxc ss a s zx as a z as s s a a a s a c z s z ax x a a a s x s s a m z;c s - casac=-=r_===_==csas-s:sss aaarzcaxs =E' ALTERNATIVES CONSItZERED 1. Accept the gift piano from AAUW, Tigard Branch. »` 2. Decline the gift piano. craamuazaaaasassaassaraaasaaas:snsaxasmsasaasaas:a:aaxscsoasssxcsccss=ssssasosv - .. SUGGESTED ACTION L Accept the gift piano from AAUW, Tigard Branch. T ya: CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY _ AGENDA OF: September 8 1986 AGENDA ITEM DATE SUBMITTED: August 25, 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of Hayden Corporation Street Dedication PREPARED BY: Randy Clarno (S.W. Naeve Street) _ REQUESTED BY: Engineer' Ply DEPARTMENT HEAD OK: { CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Hayden Corporation is the developer of "The Fountains at Summerfield" subdivision located between S.W. Naeve Street and S.W. Summerfield Drive. Included in the conditions of approval was the dedication of an additional 10 feet of public right—of--way on S.W. Naeve Street. Attached are the executed dedication documents for your review. ALTERNATIVES CONSIDERED 1. Accept Street Dedication 2. Not Accept Street Dedication SUGGESTED ACTION Engineering recommends that Council accept this Street Dedication from Hayden Corporation and direct the City Recorder to have all documents recorded with Washington County. mj/7 v�y Z. MOD STREET DEDICATION KNOW ALL VENN by THESE PRESENTS, that HAYDEN CORPORATION do hereby dedicate to the Pub is a perpetual Tight-of-way or street, moa and utility s purposes on, over, across, under, along and within the following described seal property in Washington County, Oregon: See Exhibit "A", attached hereto. To have and to hold the above-described and dedicated rights unto the Public forever for ares and purposes hereinabove stated. The grantor(s) hereby covenants that they ars the owner in fee simple and the property is fres of all liana and encumbrances, they have good and legal right to grant their rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is S 1 ,00 IN WITNESS WHEREOF, the undersigned corporation has caused this Street Dedication to be executed by its duly authorized, undersigned officets acting pursuant to resolution of its board of Directors. Hayden Corporation Name Of C9XWr LO Lee B 1 , Pre id t By: - Roy Ar ,qiwn, V ce Presi enc STATE OF OREGON ) MULTNOMAH ) se. August 8 19 86 COUNTY Of Personally appeared Les Buell and RoBrown who, each being first duly ;worn, did say tat- the formiar Is t e president and that the latter is the 9-9m9avy of H C �, a eorporat on, end t t the seal a fixe to -the foresol;W—Instrusent is the co to seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors= and each of them acknowledged said instrument to be its voluntary act and deed. (Official Seal) , Notary Public o Oregon My Commission expires: R/9-./RR ACCEPTANCE / o aw y Approved as to form this e�' day of Se 7(e By: Attorney - Cfty OZ Tigard Approved as to legal description this _Z "sy of. , 19 By: Ci City of Tigard �S �~ Accepted by the City Council this day of 5e0a CI COUNCIL, CITY OF TIIGARD,•OREGON �. _ By: - C U3-j 'City Recorder - City of Tigard 1706A EXHIBIT "A" s L 0 T 8. WILL OW-BROOK--FARM LINE 6EARIN& DISTANCE pA i S 00'12'59'E 22.47 2 S 00'06'14.E 11.22 3 N 00'12'S9'W 13.24 ft�a Jv SCALE: i INCH 60 FEET eta' •��tyr �Ot .� l3 LOT 12, WILLOW--BROOK—FARM � J FOUN TA INS AT SUMMERFI EL D Legal Description- Dedication along S.M. Naevs Street A poresl of land in the Southeast Quarter of Section 30. Township 2 South. Range 2 Most. Millaaette Meridian. city of Tigard. mashington County. Oregon. Beginning at a point at the Intersection of the southerly right-of- way /lne of S.M. Naevs Street with the easterly line of Lot i2. Willow- •; Brook-f°arw a subdivision of record in Washington County. said point being S oo'124590E 22.47 feet frm the Northeast Corner of said Lot 12. thence along said southerly right-cf-wsy line N 63'05'48*W 457.88 fast to the westerly line of said Lot t$ thence along sold westerly line S 0090B'14'E 19.22 fast to a point that is 30.00 feet frost khan ssssurod at right angles to) the centerllne of S.M. Naeve Street: thence parallel to said centerline g a.1'0'J'4d'E 437.87 feet to the aforesaid easterly lino of Lot 12: thence H 00'i2*5QwW 11.24 feet to the point of beginning. Containing 4. 577 24uare feet. more or lose. COOPER CONSULTANTS. INC. 11675 S.N. BOTH AVENUE �`' PORTLAND. OWSON 97223 �.-31 P03) 339-4994 JULY 90. 1986 a _r f r � CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY l � AGENDA OF: AGENDA ITEM N: �•t n DATE SUBMITTED: 8-19--86 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: S.W. NAEVE ST. , Street Dedication Compliance Agreement PREPARED BY: DevelopMnt Services Dept & Performance Bond; authorize Mayor � 1 & Recorder to execute in City's REQUESTED BY: John Hagman behalf. DEPARTMENT HEAD 09: _�^./.►<�` � CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. The proposed "Naeve Street Improvement" is located between Pacific Highway & 109th Avenue. The preliminary concept has been approved by the City ("Fountains" Development Site) . 2. The attached Street Dedication Compliance Agreement and Street Dedication Compliance Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public facilities. 3. Construction plans are ready to be issued and all required public improvement fees have been paid. Issuance of said plans is subject to Council action (as is suggested below). ALTERNATIVES CONSIDERED 1. Authorize the Mayor and City Recorder to execute the Street Dedication ' Compliance Agreement for S.W. Naeve Street in behalf of the City; and, also, accept the Street Dedication Compliance Performance Bond. 2. Deny the agreement. SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Street Dedication Compliance Agreement for S.W. Naeve Street in behalf of the City; and, also, _ accept the Street Dedication Compliance Performance Bond. ,¢ m j 3 Sg • STREET DEDICATION COMPLIANCE AGREEMENT THIS AGREEMENT dated this day ofj�C_, 19 86 between the CIT! OF TIGARD, a munity of the Sta Oregon, hereinafter termed the "City", and Tualatin Develooment, a Division of HAYDEN CORPORATION hereinafter termed "Petitioner", W I T N E S S E T H: WHEREAS, Petitioner has applied to the City for approval for dedication of a street to be known as S.W. Naeve Street as described on the attached Exhibit "A" , and by reference made a part hereof; and WHEREAS, the City of Tigard requires Petitioners for street dedications to install streets, sidewalks, street lighting, store sewers, sanitary sewers, underground utilities and other public facilities for the development of the street and requires the payeent of fees; and WHEREAS, the City has adopted the Standard Specifications for Public Works Construction Oregon Chapter APWA, for street, stores drain, structure and related work, and Unified Sewerage Agency Standards and Specifications, for sanitary sewer construction, prepared by professional engineers, for public street improvement; and WHEREAS, the public improvements to be constructed in the said street area are incomplete, and Petitioner has nonetheless requested the City to permit dedications of the property to the public and the parties herein named desire to protect the public interest generally by legally enforceable assurance that public improvements will be installed as required and completed within the time hereinafter set forth, NOW. THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the Petitioner and its surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed with the intent and purpose to complete all public improvements as shown on the improvement plan, as approved by the City of Tigard, prepared by Cooper Consultants , Inc. (Tigard,OR) Said improvements to be completed no later than one (1) year from the date of this agreement, and Petitioner hereby agrees to comply with standard specifications as adopted by the City, or as otherwise be or have been approved by the Department of Community Development, to comply with all terms and provisions specified hereinregard this improvement by the Council and t Planning Commission of the City of Tigard, Oregon, and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, and one as—built mylar, both stamped by a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. 2. To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $41 ,927.59& copy whereof is hereto attached and by this reference made a part hereof. Petitioner's ' contractor shall be licensed, bonded and insured. — i — . 3. In the event that the Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive wanner to assure completion within the time limited, upon ten (10) days' notice by the City to the Petitioner and the Petitioner's surety, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs thereof against the Petitioner and the Petitioner's surety and in the event the same be not paid, to bring an action on the said bond to recover the amount thereof. In the event that such action be brought, the Petitioner and the Petitioner's surety shall be required to promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may at its option bring proceedings to enforce against the Petitioner and/or Petitioner's surety specific performance of the contract and compliance with the standards adopted by the City of tigard, and in any event, in a like manner, the City shall be entitled to recover such sums as the court may adjudge reasonable for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, shall deposit with the City an amount estimated to equal pole and luminar maintenance fees for street lighting facilities according to Portland General Electric Schedule 091, Option 8 together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights, said amount being ; 372.00 S. The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner shall pay the prescribed inspection fee of 4% of the total estimated cost of the construction; said fee being ; 1_ 677. 10 6. The City agrees to install certain street identification signs and traffic signs for said street, in consideration of payment in the amount or ; N.A. 7. At such time as the public improvements have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance to the City to notify the City of readiness for acceptance inspection and, then, upon notification by the Department of Community Development that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient guarantee bond, if not already provided with the performance bond, form approved by the City, to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after tentative acceptance of the public improvements by the City. 8. Within one year of tentative acceptance of the public improvements the Petitioner agrees to place a one (1) inch asphaltic concrete Class "e" overlay on all roads. 9. Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as hereinabove set forth. — 2 — 10. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of readiness for final inspection and upon certification by the Department of Comunity Development that all requirements of the City have been met, the Council agrees to accept said improvements, for operation and maintenance responsibility, and release the Petitioner's guarantee bond. IN WITNESS WHEREOF. the parties have executed this agreement pursuant to authority in each of them. CITY OF TIGARD: PETITIONER TUALATIN DEVELOPMENT , r a Division of RATION 5y � City Recorder Les Buell,. President Royeft vn, V.P. (Attach Notary Acknowledgement hereto) Return Signed Copy to: Hayden Corp. , Tualatin Development Div . 900 N. Tomahawk Island Dr. Suite 125 Portland, OR -97217 (0070S) v{ i 4 1 _ EXHIB11 "A" LOT B. WILL OW-BROOK-FARM LINE DEMING DISTANCE 1 8 00'12*590E 22.47 `\ STAF� ` 11.22 3 N Q*12*59" w 11.24 �p r a N N 40. d N 0 SCALE: 1 ZNCN 60 FEET co LOT 12, WILLOW-BROOK-FARM FOUN TA INS AT SUMMERFI EL D Legal Macription- padication along S.K. NieVe Street A parcel of land in the Southeast Quarter of Section to. Township 2 South. Range i Vast. Villsmetto Meridian. City of Tigard. Washington County. Oregon. Beginning at a point at the intersection of the southerly right-of- way line of S.N. Naevo Street with the easterly line of Lot 22. Willow- '� Brrook-FvariM a subdivision Of record in Washington County. said point being 9 00'22'S9'E 22.47 feet from the Northeast tm4w of said Lot i2: thence along said southerly right-Of-way line N B9'OS0490W 437.60 feet to the westerly line of said Lot 22: thence along said westerly line g 00'O6'24'E 22.22 fast to a point that is 90.00 fast from ("hen meoaured at right angles to) the centerline of S.W. Neave 2trsst: thence parallel to said centerline 9 g3'051480E 457.67 feet to the aforesaid easterly line of Lot 22: thence N OO'S20S90W 12.24 feet to the point of beginning. Containing 4. 577 aQusre feet. more or less. COOPER CONSULTANTS. ZNC- 22075 S.W. BOTN AVENUE PORTLAND. OREGON 07223 MM 830•-4014 JULY SO. 2996 i. 3 Street Dedication Compliance PERFORMANCE BOND Bond No. 8107-19-64 KNOW ALL MEN BY THESE PRESENTS, that we Tualatin Development , a Division of HAYDEN CORPORATION as Principal, and Federal InsurancS Com a ►y a corporation duly authorized to conduct a general surety business in the State of Oregon, as Surety, are jointly and severally held bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called the Obligee, in the sum of : 41 , ,527.59 . lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are constructing & dedicating a street iMoroUemen•t known as S.W.Nmve St . located in the City of Tigard, Oregon, and have entered into a street dedication Compliance Agreement with respect to timely development and improvement thereof, a copy of said Agreement is attached hereto, and by reference made a part hereof: and NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with all terms of the Agreement and shall well and truly perform all matters and things undertaken to be performed under said Agreement and under all ordinances, regulations and conditions of the Obligee applicable to said development and improvement, and shall promptly make payments to all persons supplying labor or material for any of the work provided by said agreement, and shall not permit any lien or claim to be filed or prosecutioned against the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies hereunder, the City, in the event it shall prevail, shall be entitled to recover such sums as the Court may adjudge reasonable as and for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 8th day of August 19 86 . Tualatin Development, a Division X Principal of HAYDEN CORPORATION By: seal (seal Dave La m r, c. dice President By: =- (goal) Ro wn, Vice President (A tru copy of the Power of Attorney Federal Insurance Company must be attached to the ort qinal of Surety this bond.) lln n p � At rney-in-fact v �' (0927P) '. II POWER OF ATTORNEY X"w a1 MOn by owes Pa@"I to That Ve PEOERAL MlaptAHM COMPANY.15 Mou ntM View Road.WarrenL,NOW Jersey.a Now JOMY Cwpora- 'h�conelitulad attd ,and dose lereby oortftNua wtd s Nancy L. Kummer, Raymond B. White, James R. 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My Commis ion Erpins lune 28. 19tH County d SorrersM d.AM1wea sic --ry d Ra *IIUPAwa GWAMV.da aa41ar•-1ab Ra esu la�+a1 f s 41 aw 41aoup kat M a1r a+�d Ma and CawO41nr o a hind Yr ow 1 n y of So sow d M 11araA 11.teH w w41N waa+r asaald41d M•'de is t,ttasa w OW sur arra.N 1111101110 toeo41 r10 41aMe• "ARTICW XVIII. 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S Lta41wwrPrdAaalaa+f41N41�rYedHa�1ALYnMarXCO1�AkV.doles-6floMtiMRsltMlorapoigPa�ardAbnl41rr-NkAlaawaaaee. 8th August 86 i tissue aedr eMaalO w gwa-Nd41rdCenpaer N YY41nerti NJ.,__ e.,a A , n= L ON 1y* min's; (rOeeetfi,tJE,TOM 0ElIErML 4 e � s - � ■ ■ ;, •. ■ �- � ' � � � "�--� - �'��' 11 s • � �■�� t .a ■ =' w �\\ fry; 1 i ��� + �� � -� � . , . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September B. 1986 AGENDA ITEM #: DATE SUBMITTED: August 26, 1986 PREVIOUS ACTION: 2-10-86 Resol #86-19 ISSUE/AGENDA TITLE: _Resolution cond-• (authorize partial bond release) itionally accepting Windsor Pl Sbdv, PREPARED BY: John S. Hagman b authorizing a partial bond release. REQUESTED BY: Comm. Dejr.VEnqr. Serv. DEPARTMENT HEAD OK: / CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. This subdivision is located at the old Metzger Sewerage Treatment Plant site, adjacent to 106th Avenue and Black Diamond Way. 2. Construction has proceeded satisfactorily. The developer, Howard—Kim Inc., has requested City 'conditional acceptance' of the completed work and has submitted a standard guarantee bond to assure continued maintenance of the installed improvements. The developer has acknowledged the necessity for assurance funds and has asked that any excess witholding be released; the attached documentation provides for doing that. 3. The project Compliance Agreement (Developer--City) allows for the requested action. ALTERNATIVES CONSIDERED ."E. 1. Pass the resolution placing the existing improvement work on its maintenance period and providing for assurance of continued maintenance and final completion. 2. Do not pass the resolution until all work is completed; but this is not really a satisfactorily alternative since the project agreement does allow for the requested action. SUGGESTED ACTION PASS THE RESOLUTION TITLED — "A Resolution Conditionally Accepting Public Improvements Known as Windsor Place Subdivision Public Improvements". kris 'C HOWARD KIM INC. 10900 N.E. 8th Suite 900 Bellevue, Washington 98004 August 11 , 1986. Mr. John Hagman City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Mr..Hagman; Enclosed is the maintenance bond as requested for Windsor Place. We are requesting that the sub-division be placed on its maint- enance period and that the funds on deposit with Continental of Oregon, Inc. be released. Yours truly, Helen Howard HH/rb Enc. MAINTENANCE BOND Bond No. 000382 PREMIUM: $2,286.75 KNOW ALL MEN BY THESE PRESENTS, That we, HOWARD-KIM INC. (hereinafter called Principe as Principal, an a corporation organize an oing business under and by virtue o the laws of the State of WARRTNGXON , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Oregon (hereinafter called Surety) , as Surety, are held and firmly bound unto the CITY OF TIGARD (hereinafter called Obligee) in the just and full sum of FORTY FIVE 140SIM o MMRED AND O z - __--DOLLARS ($ *45,235.00**) llawful money o the United States of America, for the payment of which, well and truly to be mads, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal is required to furnish a bond conditioned to guarantee for a period of one (1) year from date of final inspection and acceptance by the City of Tigard certain improve- menta in the Subdivision known as WI*mSOR PLACE located in Tigard, Oregon. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one (1) year from and after T 198_, then this obligation shall be null and void; but the nd shall not be considered null and void until. the Surety receives written notice of the passage of a Resolution of the Tigard City Council, following a final inspection and determination that the Principal has fully performed all the t requirements and obligations of the contract set forth; otherwise it shall remain in full force and effect. AS FURTHER CONDITIONS of this Bond, the parties agree as follows : (1) The Surety guarantees correction of all deficiencies discovered during the one-year maintenance term; (2) The City shall have thirty (30) days from the expiration of the one-year maintenance term in which to notify the Principal and Surety of deficiencies in the performance of said contract set forth. The notice required by this subsection shall be valid upon the mailing of such notice by certified mail, return receipt requested, to the Principal and Surety, at the addresses shown below, or to a different address provided that the City has received written notification of the new address within ten (10) days of its effectiveness. i l - MAINTENANCE BOND is undertaken (3) In the event any legal acnt�tled to recover,tineaddition this agreement, the City shall � e to the amounts accruing and allowable, reasonable attorney fees costs and disbursements incurred therein, both hai of such trial court and appellate court, if any. T he s and costs shall be determined by the court, but the total amount recoverable shall not be limited by the face amount of this Maintenance Bond. • da Of AUGUST 19_ 86 _ SIGNED AND DATED this _IIML_ y �UGUS HOWARD-KIM INC. Principa By: CON:=orney�Tnr E COMPANY By: Fact ED 0. SROEHARER PRINCIPAL'S ADDRESS: HOHARD-RIM, INC. 10900 N.E. 17ITE #9Q0 BELLEVUE WA 98004 SURETY'S ADDRESS: CONTRACTORS BONDING & INSURANCE COMPANY C/O SPENCER DOUGLASS & ASSOCIATES = 713 110TH N.E. B.BLLEWE WA 98004 2 - MAINTENANCE BOND 213 Shd 1SW1 MOW Mti k WA 98109 s IP@wm N Atter l �• OM ALLMEM p THM FRESWM Md CON11tACTOtiS BOIDMIG AID MiS AMM COMPAt1Y.a corp 5 l i It defy oM"m and atdsa V under the ilea d Mta Stab d P lot aW haritg b pdris n, ,oin So"XW CaU*,Wl*MO n,dMby Mtan pWO Mile.axwleda and eppft ED 0.�d Soft Waxhi 01 11110 ad WW SOld PM and SUM**hwby eadnm.and to b n .plan ad geed,to ataade,nbtovhdge and ddivw.(1)MA gurar I I pantormatta sect Payaaad be*(d 111,1111 Mn poral»um d SliM 00R CA bid bonds ter iabs whoa.M M eonbaca is awarded,idte SBA OuermaMsd poformtanca andta paydtad ttarre(�� r4masOM 01 d dna bonds coded WA dot"tq Mte&X*AsaoMm d Am ft M b Rab Moxot d Fidip.I"M and Stub BW46 Qmd>>dfnM itdnw aetotd walls Mroab)as.itdcid.COWW(M*ft bid bO ft lbaaaraorra.hone and Pang end Feared not etroa I g Mta pod on d$ (A bid bonds tar 1011011111 p swod loft ad odly b clam(3)abed adtoe.M the contract re aterded.Mq pobrtrweoe axdper Oil "Ii bandp)of and araaad M�50;00Q and(S)d do bonds mot Mea n Mrs pend sum d 1t25A0a;p mWK hewrer,Md ED 0.SHOWAIM It 0AWW pow►Rd atdAorq b eased Me 4Vkl b ftod Inst MAN*ed UMt br arq frond b en attour,MW b MM ateoutt d sap MW at agk or dale som .ncaltae as calla IW saw by Me COW"as an itduearnmt b donne Mn bora and b bid Mta Compaq Mtoabp as idy an0 b ate came atdott as a etch botxk vire signed by Mw Peaidad waded w1A ti arpanb Bed d ate Compaap sad O*al ted by b Sosaprlr,hwby d 0ioaors d C0N11fa0CTO mW ebmDISly*W may do in Me MJ W�COMP Amapa/4 is wade undo ad by adA ft d M e WbW4 wokfm adepled by Me Bond RESOLVED Md Me Ptaaidmt is adhatrad to appoint as aeamt*W d Ve C Wq ED 0.SHODAMOER win power end a*&*b sign an bshd d Me CmaW.(1)SBA Owefte1 per"mrJ payntont bonds not aoraealrtp Mw meld wm d MXt 0 hid bonds to)silo viaek a on oatrad b awo led. Ma SBA OuarattI l perionn nce sow bettattsa wVl not exceed S600OM W d dnr bonds owed ad deutad by the S>xeOl AmOdgm d knenim in Its Rab bYrr>d d Fid ft.Fon0ay ad uety Bonds pmcbtdit0 bias amwr>tieorn ftrm)as. dWK ComM Oxdu ie0 bid boniat.Vft dterteous.Boone isis anverft Mite pwbm m arawainals bone)we not exceed SM.00t a�d door bmft not 000ediq We WO sm 01 MOW I Mr centrad RESOLVED PJRTHER Mad EO 0.SlgfAY O is Wm*d Power and adtwrly b 000 Me 110 - pard ami set bit in as Wwadinp res>tldlort b►any frond in an amara mud to the snood d sty NO d Oslo.Of simian sawk-nailed n cokWM saasiy by Mw Canpany as an kdasmad to WA the band. RESOLVED RX M;A that Mn ago*d the Som ty d ate CM" W*Ma SSW* ly and adteamm d Mw%rogft two neM mn in any Umbd Power of Allorrmy is haft delopied 10 Me Of"Ins'mess d Imp, n f"Wulons as a siprwd Samu"ol CowpvW.dUcMkk L Gf art.Bernie Evarm Fnw*Oa h.and Simm k Gaines. RESOLVED FLlRi O ant Me sipr ium d to Rmdad,Nomy PW*and parsom at%tV am"*end dadmn"L ad awe orporde and Notary no appeoig on any LWW Powe d AMN"oaf ars and to br pft radulom way be by bc**. RESOLVED FURTER Md d rosddiats ada0d PrW m belay appointlng aw above mored as alormya~bd for CONiRACTORS OWN AND iNSURAIit•E MWANY are holy xgoseded. IN WMISS WHEREOF,CONiRACiORS BONONG AND INSURIWCE COMPANY to asrse0 Mt m peaads b be sipped by is Pnsidetd and b cosporase sed to be heroes atMtoed Mtis 10 day of Apra,19B6. 7CONTRACTORS ,{- S eownry�a�H • ,724%-a • A . Stem A.6airtes,Ptaaidad � p •' 0i 0 v : STME OF WASHINGTON-COMM OF KING On His Igh day of Ap1,1206.posm*ago me' I STEVEN A.GAME&to be Ma Presiaatl Of tlrey ft we Pod mm" ad uWawbdpd sold- I Pow al Allamsy to be the 60Md he is arataizad exaetAe the said LNtlad Power d ► t,t 3+ •.• Y Y• and on oaMt doled IN WHEREOF.I taus my hand�. ���� �above wriaarn. �•�••••• 3 fn Ptdtac 611 endto d The andw*md.acting undo ado*d Mte Board ofN51A1ANCE CWPANY,haft orales.in lar of CaMdipde d ftSscf"Y d CONTRNCTORS BONOMIG AND OM RAI#X COMPANY, (fE and aeaa copy at Mme**W Power of AMormey Issued by said Cawpaty, and does Mrft how arakMd aro said Powder d AMarmy b GM under ny WO g, BELLEVUE WASHINGTOI& 11TH day d AUGUST 19_86 _ BEANIE EVANS i> i;. P4efsSetDt�SOfi2EhlB � i, i, 2726 KOLL 3435 -N- t_ BusIMESS ht CENTER 400 s C O J ' TC • SAL J �, s f 1986 (4MA,6-40" KUEd��1w of S&Nfte Howard-Ria, Inc. 10900 M8 8th, Suite #900 re: Windsor Place Subdivision Bellevue VA 98004 (Letter of Commitment Partial Release) Dear Ms. Howard: s In the matter of the two hundred twenty six thousand, one hundred seventy six dollar sixty five cents($226;176.65) Letter of Commitment, between Howard-Ria, Inc. and the City of Tigard, Oregon and Continental-Oregon, Inc.; this is to serve as official notice to allows said Continental-Oregon, Inc. to release to Howard-Rim, Inc. a portion of the deposit entrusted to said Continental-Oregon, Inc. The amount hereby authorised to be released is thirty eight thousand eight hundred thirty three dollars and ninety nine cents($38,833.99). The =mount to remain entrusted to Continental-Oregon, Inc. as a cash performance bond to assure the City that all remaining requirements of said Subdivision are completed, shall be thirty two thousand six dollars and seventy cents($32,006.70). This notice shall not be construed to nullify or alter the terms of the aforesaid Letter of Comitment in any way; it is merely an authorisation to release a portion of the entrusted monies. City of Tigard, Oregon By• ka o1W 1 Bp tp Recorder i UMSWHW6K-d.P0.8M2&V7,TQ0rd0M9M 9M3 M63940 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Y cxJ AGENDA OF: _September 8. 1986 AGENDA ITEM #: DATE SUBMITTED: August 25, 19 66 PREVIOUS ACTION: Denial by Council of ISSUE/AGENDA TITLE: Accustance of Minor Land Partition A eal Baldwin Permanent Sanitary Sewer _ PREPARED BY: Ran-4 Clarno and Storm Drainage Easements. REQUESTED BY: Engineering DEPARTMENT HEAD OK: �,% CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY William and Jean Baldwin received conditional approval of a Lot Line Adjustment application last year on property located be S.W. Terrace Trails Drive and S.W. 121st Avenue. Included in the conditions was the requirement to grant storm drainage and sanitary sewer easements for future facility extensions. Attached are the necessary executed documents for your review. ALTERNATIVES CONSIDERED 1. Accept these permanent public easements. 2. Do not accept these permanent public easements for future extensions. SUGGESTED ACTION Engineering recommends that Council accept these permenant public easements from William and Jean Baldwin and direct the City Recorder to have all documents recorded with Washington County. mj/6 InIYIDBAL-GRMERAL PAITMERS IP PERMANENT SANITARY SEWER EASEMENT SNOW ALL MIN by 1KESE PRESENTS TWAT William R. and Jean Baldwin husband and wife aad� ,ss.,r-ta-aoa e ._,.--- '• 0 ) from the City of Tigard, herein: ter ca ad Graatae. grant convey unto Lha City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaioiag, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove. as necessary, vegetation, foliage, trees and othar olhAtructions on the following described parcel of land, situated in the City of Tigard. Washington County, State of Oregon: SEE ATTACHED EXHIBIT "A" IT IS EUIRZSSLY UNDERSTOOD that this sassmant does not convey any right. title or interest except tAoso expressly stated in this easement, nor otherwise prevent Grantors from the full "a and dominion thereover; provided, however, that such use ,shall not interfere with the uses and purposes of the intent of the easement.. ZN CONSIDERATION of the premises. Grantee agrees that If said Grantee. its aucaesaors or assigns should Cause aaid easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and *hall immediately revert to the Grantors, their successors and assigns in the case of such event. TO VAVE AND TO BOLD tho above-described and granted premises unto said Grantee, its successors and assigns forever. IIs WITNESS i?NSREOF, the grantor(P) has (he s) hereunto set his (bar) (their) hand(s) and seals) this 1,2 day of t . 19-. � (SEAL) (SEAL) °(SUL) (SEAL) STATX 0! OREGON ) Be. County of Washington ) BE IT REMEWRERED, that an this -jj! 'day of ."kat . 19 pt�i before at, the undersigned NotaryrPublle in an o tata the bof Oregon, personally appeared the within-named JfAA/ 4WZ WILLIAM R BALDC. 1& vow s (ars to-me-jo-bis the Identical n iv ua s described n an who executed the within instrument and acknowledged to me that be (she) (they) executed the same freely and voluntarily. IN STIMNY u0p, I have hereunto set my hand and seal this —12�7 of 19�_,�_. Notary Pu . c for Oregon (N"IAL SEAL) My_Se Expire44- s: Approved as to form this day of . Z . 19 to By:?- Y ttor y - it o 7 garApproved as to legal description this -- ny of , 19�. By; City - City Of gar Approved this day of 19"'. CITY COUNCIL, CITY OF TIGARD. OREGON ty Recorder - City of Tigard viittSi L, •N �t iR o S2 p b449 `► 29 ` v3:. a i S2 t9 a k co W U! r bj �`. i : Ary •• b r0 » 10 W W � 45 Q Lk ,yam J� +s .., ,,,� .�.�e�a I ,� • � � : � ..� � t i.. t° � .�3"' ``d+IX`1,������ }. � � x:,,•21 1�, � � i.,,.�4" yt v� r � `'��� ��1`� } `� ��' �• J'`•.`��� eta'^a 'sem- - a � �,� .rte• �15� � r �„{; -Y <! �¢s r' S?Q-'SMI •` �r�}.; �• ; f �. �`P ,} - ��.. .d �1.. .aY� �y � '�:. _�'ih�t}�.r •�-q '{ � ;i,t �1 � � ..I f �t .H 7 i�"{ xr'y r'e► a3 :Sy i4 �T:.'^2' A iw+ p,vi .... z. �• I' - ! -'• kPOW �I � i •! _ +' � ��' t•rt.� +' �`.. - `r�.�3Jt. Y. �.�' i. �•s�_.;f f 'moi 1 V EXHIBIT "A" A tract of land located in the Southwest Quarter of Section 3, Township 2 South, Range 1 West, W.M., City of Tigard, Washington County, Oregon; said tract being a portion of that tract of land conveyed to William R. and Jean Baldwin recorded in document 79-030105, said County Deed Records, and being also a portion of that tract of land conveyed to Richard and Sharon Ullrich recorded in Book 908 Page 373, said County Deed Records, and being more particularly described as follows: Beginning at the northeast corner of said Ullrich tract, said corner being also the most southerly corner of WOODCREST, a recorded plat in said County, thence �on the southerly line of said WOODCREST North 656 39' 16" West 247.00 feet; thence perpendicular with the southerly line of said WOODCREST South 24" 20' 44" West 15.00 feet; thence parallel with the south line of said WOODCREST South 65" 39' 16" East 279.09 feet to the west line of -S.W. Terrace Trails Drive and the East line of lot 16 TERRACE TRAILS," a recorded plat in said County; thence on the boundary of said Lot 16 North 02. 13' 31" East 7.58 feet to the beginning of a 150 foot radius curve concave to the southeast; thence north and east on said curve 78.24 feet (the long chord of which bears North 17" 10' 05" East 77.36 feet) ; thence north 57" 53' 20" West 10.15 feet; thence South 320 04' 00" West 70.79 feet to the point of beginning. xs IRDI9IDIIAL-CEMMAL'PARTNERSHIP pnXANM SANITARY SSRER RASENENT ( 'F KNOW ALL HEN EY THESE pRESENTS TR*T R and and wife all�Bc�At1letxkxot>ek �$ G ) from the City of TiSST4, rsinafter called Grantee. grant an convey unto the City of Tigard a perpetual aae.Mnt for constructing* reconstructing. operating, maintaining. inspeeting and repairing of an underground sever line and appurtenances. together with the right to remove, as necessarya vegetation, foliage. trace and other obstructions on the following described parcel of land, situated in the City of Tigard, Washington County. State of Oregon, SEE ATTACHED EXHIBIT "A" IT IS ZVRESSLY UNDERSTOOD that this segment does not convey any right. title or interest except those expressly stated in this eaament. nor otherwiseprevent Grantors from the full use and dominioo thereover; provided, however. that such use sball not interfere with the uses and purposes of the intent of the aasement- IN CONSInERATION of the premise4, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated. the rights of And *hall the Grantee in ately revert hto then Grantors, their successors andand fs.sigosin the cale of such event. TO HAVE AND TO HOLD the above-described and grouted premises unto said Grantee, its successors and assigns forever. IN WITNESS NHEREW, the Rrautor(/r) has (ha e) hsr¢unto set his (her) (their) hand(s) and seal(&) thin t_day of /� 19 re. �L{SEAL) (815AL) SEAL) (SEAL) STATR OF OREGON ) ss. County of Washington ) EE IT RENEE nw, that on this 1.3 day of * Is rE..�.• before me, the nnderaigned Notary A Elie in an r��tthe State of Oregon. personally appeared the within-named ►FiQ,tJ "Q WAL�0-A R AL D NfN - s are to me -t-0--bet • tilt ca i ivi us rdescribed in an who executed the within instrument and acknowledged to me that he (&be) (they) executed the same freely and voluntarily. IN TESTUIDNY F, I have hereunto set my hand and seal this 1.3 day of - , 19 �c,,• flot—ary'PublIc for Oregon (NOTARIAL SEAL) e, NF Commission Expires 9-.Ad'-,P7 Approved as to form thisy day of Se 19 ty tor" a Tigard Approved as to legal description this day of . 19j„-• BY: City - ty o T gas �r Approved this day b of CCIL" CITY TIGARD, OREGON CITY B CO - �-.- tyL-tiRecorder - City of Tigard , ` EXHIBIT "A" A tract of land located in the Southwest Quarter of Section 3, Township 2 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon; said tract being a portion of that tract of land conveyed to William R. and Jean Baldwin recorded in document 79-030108, said County Deed Records, and being also a portion of that tract of land conveyed to Richard and Sharon Ullrich recorded in Book 908 Page 373, said County Deed Records, and being more particularly described as follows: Beginning at the northeast corner of said Ullrich tract, said corner being also the most southerly corner of WOODCREST, a recorded plat in said County, thence on the southerly line of said WOODCREST North 65' 39' 16" West 247.00 feet; thence perpendicular with the southerly line of said WOODCREST South 24' 20' 44" West 15.00 feet; thence parallel with the south line of said WOODCREST South 65° 39' 16" East 279.09 feet to the west line of S.W. Terrace Trails Drive and the East line of lot 16 TERRACE TRAILS, a recorded plat in said County; thence on the boundary of said Lot 16 North 02' 13. 31" East 7.58 feet to the beginning of a 150 foot radius curve concave to the southeast; thence north and east on said curve 78.24 feet (the long chord of which bears North 170 10, 05" East 77.36 feet) ; thence north 57' 53' 20" West 10.15 feet; thence x' South 32° 04 ' 00" West 70.79 feet to the point of beginning. ,�w 4 rC tiOILI S 4n00w N00 . N A SR a Cr V 0 M • • � �iZy31 wu SQ + R 1� W 3 ,,rr E+ �F� m W � Vl y � •� r W ~ i WJot • N ',�\ CM 111! 99 to .. 4i. rr; k�`• � "tai� e - �•C ''ysl Ism,■1111 �i►��`���� � �.. . I�gib: ��� �� ■�� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8, 1986 AGENDA ITEM DATE SUB14ITTED: September 2, 1986 PREVIOUS ACTION: NSA ISSUE/AGENDA TITLE: Ratify Council Poll Approval For Training Request — PREPARED BY: David C. Lehr Chief of Police 7 REQUESTED BY: David C. Lahr DEPARTMENT HEAD UK: CITY ADMINISTRATOR: .�,.�..,....__._._..__.._._.._..,.___.,.....__ POLICY ISSUE Council has directed training requests over $100 be presented to them for approval on an individual basis. INFORMATION SUMMARY Included in the 1986-87 adopted budget were funds to permit attendance of the Annual Conference for the International Association of Chiefs of Police (IACP) by the Chief. The total cost for the conference is $1,248. Also included, for your information, is the official training request and a copy of the conference agenda. Dye to the registration deadline occurring prior to the 9/8/86 meeting, a Council poll was conducted by staff on 9/2/86. Council majority approved the training request. This agenda item is to simply ratify that request for the record. ALTERNATIVES CONSIDERED 1. Ratify Council phone poll approval for attendance by the Chief of Police. SUGGESTED ACTION Staff recommends alternative #1 lw/4069A q /0 NOTE: This item was removed from the agenda by the Community Development Director. Please move to remove this from consideration under Consent Agenda. 1w 9/3/86 zcu - • � ttt MEMORANDUM CITY OF TIGARD, OREGON TO: Members of City Council September 2, 2986 FROM: Randall R. Wooley. City Engineer(od", SUBJECT: Sewer Easements From Ronald Dyches for LID #42 On August 25, 1986, Mrs. Geraldine Ball appeared before the Council in Opposition to acceptance of easements granted by Ronald Dyches for sanitary sewer construction and maintenance. The following is in response to issues raised by Mrs. Ball. ISSUES: Bancroft gndine _ Bancroft bonding is an optional method of funding the LID assessment. It is not required. Location of the Proposed Sewer: The adjoining property owners have been aware of the proposed sewer location for many months. We have received no objections to the sewer location. Fill on the Dyches Property: The sewer easement is outside of the fill area. The fill has not affected the sewer plan. Gan Line Existing utilities are shown on the construction drawings for benefit of the contractor. The easement map was taken from the construction drawings. Showing of the gas line does not create any easement for The the gas line. The City has no intention of installing nly an "underground y gas s. easements signed by and clearly Dyches clearly apply apply only to the property sewer line and appurtenances" owned by Mr. Dyches. CONCLUSION: The issues raised yby Mrs. Ball ppear to have no effect on the validity of the easements granted RECOMMENDATION: Staff recommends that the easements granted by Mr. Dyches be accepted. cc: Geraldine Ball, DJB, Inc. 3' (br2670P) Djo INC. 11515 S.W.91ST AVENUE PORTLAND.OREGON 97223 U.S.A. (5031639-2900 o t. Tigard City Council ,August 25, 1986 REQMT ITEM 11.4 be removed from Consent Agenda and if not allowed present under Visitor's.Agenda Mr. Mayor and Members of the Councils Icy name is Geraldine Ball, 11515 S. W. 91st, Tigard, and I am representing DJB,Inc., and myself. I am appearing before you because of discrepancies in Ronald Dyches Sanitary Sewer Easement and maps. Before accepting this Easement we felt you should be aware of certain information. Ronald Dyches is not_'bonded under L.I.D.#42• He was originally on the list of property owners but did not respond in time to be included in the Bancroft Bond amounting to $141,301. Several accounts were removed for non-service and a number paid cash. Of Aancroft the balance Ronald Dyches is the ant -one_ wha i s bonded undaandjerri Widner told Bond. The City of Tigard has allowed him to pay separately me a few weeks ago when I checked the records at the City that he would be included in the next L.I.D. available. This means he will not be sharing in tie additional expenses of L.I.D. #42• We do not feel Ronald Dyohes easements should be recorded until you know this is where Ford Leasing Development wants the connection to sewer to service T. L. 400• Map 2 g 1 1 AA. Our attorney has written to them in this regard. Ronald Dyches has a sewer connection within a few feet t of fethe lout water southendof his rise Poop Iropert y and also a drainage connection close by e could drain. Also I want to show you a picture of the illegal fill that was put on Dyches property without a City permit. When we asked the fellow who was dumping if a drainage was put in he said no it would be taken care of when they put in the sewer, so naturally this is a concern especially since the City opened the drain that comes across 66th with water originating on the East side of 1-5. I am also showing you a picture of fellow cutting tree without a City permit and the swampland on T. L. 401• are itting Another concern is the gas line you show on Basement thereqEasement and you willenote t�shows herewith a copy of map of previous a short distance on T. L. 1200. Just a week ago today, August 18, 1986, I obtained a copy of microfilm from the Engineering Dept. of the Gas Co. at 220 S. W. E Second and they show this short distance and have a note it was ROW in '83 and have 12150 listed by it. 12150 is notz on T. L. 1200 but on T.L. 1301. lio INC. "515 S.W.91ST AVENUE PORTLAND.OREGON 97223 U.S.A. (503) +639-2900 v Item 11.4 removed from Consent Tigard City Council Agenda or Visitor's Agenda August 25, 1986 - 2 I was present when the Gas Co. laid the pipe on S. W. 68th and it did go into 12190 on Tau Lot 1301 where there is a house and a gas furnace. This was .done in October, 1983- We have a number of people who can verify the gas line ;was connected to the house, including the oomparq who replaced the thermostat and installed a new heat exchanger and lit the pilot. This was done after the Gas Co. laid the pipe on S. W. 68th with the heat exchanger being installed November 1, 1989. Although the house is vacant, we have been paying a monthly bill to kap t'he account activa. We feel. the City should not place the gas line into T. L. 1200 on arty documents* as no Zasdment has been obtained from DJB, Inc. and no Title Insurance has ever shown it. If the City insists on recording this document with the pipe line as abown, the City of Tigard will be held responsible. Please make this along with 1984 Plan View Document and 1986 Document of same area asrevised by the City of Tigard part of L.I.D. #42 record. h T et3e+•'' .:•-.e Ja`" � rC .F;, -Y. h 5µ ry �; ..' �' ' A`" "�`t e y J C J 1'=O J IL A 1 s ia- a°Ci a i j i � • mI�z 44 a. z = ,aw= to � y' to M A - �" N W ' , US ISUnHW-13 NS tit {� ....r t. a -•;s-!CY + a et�'�p + .. P• v ! 0 i �. 1Y v is M flL Rd'» y' 1 y • ! 9 fAta J jy� Ili* X Z '"• � o 6 � i J 1tI'1 W b 2 W Z J, 0- ®r; �. —ZW V Ji7 � a Z z •ivy ! �, ! ! c �+ 3.S H-L n l G MS r. i An Ct 4q 40 w ip 4n M i .n I i SL 101Lo Orin Ax Vw VW yw I )--�-_ -- 168nKw-13 MS ..e_d£, 8.40 101 t — LU Ott a �- .1 (rl W � 1 O 73 0 40 CO 4 04k— in cu.' Cn d.w t, , cm I € • I a44 i E =CITY OF'MGARO =OREGON `.COUWIL s AGENDA 'ITEM-Stll Y qff 2r5- 1986 1pIIDA ZTE!'I p: 2 ' MXTE�XUBHX-TTED: August _6, .1486 p*EVTM-ACTM: None �$ ',TXnE; Acceptance Rand of R.itonald„D,ych s T mDOrary anand =pitERAitED HY: Y Clarno L -- Fezmanent Sanitary C w -,- .aa=p;tg1tEQUESM qy: tEngineeri-_ 1EpiiRTt9EAtT f AD'OK: s'•'' CIT! AOrilliilSTRAT OR: VOt ICY `ISSUE 7CNFOitt!MTLON"St1MWY In order to complete construction of the S.W. 68th Parkway sewer 2.I.D. No. 42, it is necessary to obtain easements from 2 separate -parties. Attached please find executed easements from Ronald Dyches for your review and acceptance, ALZEitSSA TYE6 E70RfEIiiEREG Accept or not accept and re-evaluate the location of the sewer. En_y1meerisng irec�ends ,.that :Council accept these -easements and cd.-erect !the c3.sty :Recorder i1to 'have ail :documents :recorded .with FWailri-ngton :county- rl. a �q XMIVIDDAI CENZItAL PARTNERSHIP q PERMANENT-SANITARY SEWER=EASEMENT s RNOH ALL NEN-DY'TEESE PRESENTS THAT Ronald D c S ---- X4 reinafter:calied the-Grantors, in consideration for-t a euro o liar ocher wood and_v_aluable consideration ( �) from the Cxtyf Tigard,"bereinafter-ea ed Grsntse. grant an convey unto the City of Tigard s perpetual easement for constructing, ' reconstructing, operatiAg, ssaintaining. 3 Inspecting and repairing of -an underground -sever 'line mad=appurtenances, _. together=with-the right to remove, as necessary, vegetation, foliage, trees and other obstructions oa the"following described parcel of land, aitnated In the City of Tigard, Washington County, State of Oregon; See Exhibit "A" IT IS EIPIIESSLY UNDERSMD that this masomat does not convey any right, title or interest except those expressly stated In this sasawsat. nor otherwiee prevent Grantors frow the full use and dominion thereover; provided, however. that such use *ball not interfere with the uses and purposes of the intent of the "**sent. INCONSIDERATIONof the premises. Grantee agrees that if said Grantee, its 'successors or assigns should cause said O"ament to be vacated. the ruts of the Grantee in the above-described saseaent will be forfeited and sbal.l immediately revert to the Grantors, their successors and sesiga , in the case of such event. TO HAVE AND TO HOLD the above-doscribod and granted praeisas ante said Grantee, its successors and assigns forever. IN WITNESS HNISREOF, the grantor's) has (have) bereunto set -bin (bar) (their) head(*) and as i(s) bis, day of jr ( AL3 (SUL (SEAL) STATE OF OREGON 311ufi+�nma�+ ) ss. Coanty of-Weebdmgesn ) 1E IT RElOUERED, that on this1541 day of WAA before ne. the madorstgned Notary a in and at s tate of Oregon, rwts personally appeared the within-earned s are to--se to the tical • e a who a=eeuted the within Inst" at and acknowledged to as that be (abe) (they) executed the saase freely mad voluntarily. is- STIMM VHEREOF,'I bave hereunto set ny band and seal this ,�� day QtAILA 19 pf Notary or GtWn (�0lARL#3."SEAL) my Commission axpiress App=owed as`to fors this.2 G f`'day of by. ' Attorney y Of Approved-ac.to legal deseription'this day of vw�x _.sy 3 r, - I city zapaster= UL" Of 73418" - Approved,this day of CITY GYMPIGIL - Or TICAID,'01MCON f ty N,ecordmr City of Ttgmrd SEWER EASEMENT L.I.D. *42 2S1 IAA TL 401 IDENT. 140. 32 "EXHIBIT A" M A portion of that certain tract of land in the Northeast quarter of Section 1 of Township 2 South, Range i Waist, W.M., City of Tigard, Washington County, Oregon, -described in that certain dead to Ronald Dyches and recorded in Document No. 82-11410, Washington County Dead Records, and being more particularly described as follows: Beginning at the Northwest corner of said Dyches Tract, thence an the West line thereof S 020 33' S5" W 25.$1 feet; thence parallel with the North line of said Dyches Tract S 670 26' 05" E 12.60 feet; thence parallel with the West line of said Dyches Tract N 020 33' 55" E 25.81 feet to the Northlineof said Dychas Tract; thence on said North line N 870 26' 05" W 12.50 feet to the place of beginning. (ISSSP) �tF�lSt'allE! PROFESSIONAL LAM SURVSY 3 d i RANDY S:CL:AfM ` 212 N H t �'� s� , ✓jam � i � us _ t 19 ul I W a+N IV, J ds � W 1 1 .ION ^ Z t � y I t om ' t8 ►�+ O N O N� IA r 1 U IN 400.LS 1sHf1HVd13 M'S r as* tet . In x zwz "•' t � WI Cww- v �T + Qp ! `� m a ^ a cd _ o ap N _ ! o � o _ 2 rn ; C.4 0 -0. '` m z zdi W y h b OJ i •ClJ IL i ( O ci tyl I a X h tp N C 3 INDIVIDUAL-GENER" PARTNERSEP TEMPORARY SANITARY SEWER EASMMNT 1 KNOW ALL MEF BY THESE PRESEIiTS THAT Ronald Byches hereinafter called t e Grantors. in consideration for the suet of o dollars, and other good and from the City of valuable consideration daltons ( d.o0 _) Tigard. ereimaftec ea isd Grantee, grant and convey unto the City of Tigard a temporary easement for constructing and inspecting an underground sanitary sewer line and appurtenances, together with the right to remove, as necessary* vegetation. foliage, trees and other obstructions on the following described parcel of lands situated in the City of Tigard, Washington County. State of Oregon: See Exhibit "A" IT IS IIVRESSLY UNDERSTOOD that this easement does not convey any right, title or interest ezcept those expressly stated in this easement, This temporary easement shall be terminated upon completion of the sanitary sever construction works at which time, upon request of the owner. the Cit7 will Issue a written relesss thereof. IN WITNESS WHEREOF, the &ranco(&) has (hove) hereunto set In ,(her) (their) hsad(s) and keal(e) th s � day of (SRAL) (SEAL) (SEAL) STATE Of OMMOP ) 1Ykkh1onreh ) at. County of mem ) SE IT RSNXKBZM, that or. this US dap of . I9 ' before sn, the underatgsed Motary --public in -&-*T for #w State of O�nog nog . personally appeared the y1tF.im-9+08e4 Mals aro to me to be t idsncical ua s described n en who s::ecutod the within rostrum ort and acknowledged to me that be (she) (they) executed the mems freely and voluntarily. IN TIISTIlpI Wap. I he hereunto set my hand and neat this XAD day of y1,�i, ,..r..• 19 [1I W"7 -ubU�1 ( tom Ste,) my Commission gnplras: Approved as to form this .as..:.....bay of hw . lg.-,i)�.• sy: t'd AttonMSF - MMY Of r Approved as to 1egs1 description this day ofL-.�...• 19 Sy: __�11 • J City sassmacr - t7 at Tizare Approved rhis ti ,der of i � f CI I• 19 ITT Of TI L, CGARD. ORL'tXltl t g� city Recorder - City at T and (0211$) 1 ' TEMPORARY SEWER EASEMENT L.I.Q. A942 2S1 1AA TL 401 IDENT. NO. 32 "EXHIBIT A" land in the Northeast quarter of Section 1, A portion of that certain tract of Township 2 South, Rsinge 1 latest, W.M. , City of Tigard, Washington County, Oregon, described in that certain doed to Ronald Dyches and recorded in Deed Records. and being more Document No. 92011430, Washington County particularly described as follows: Beginning at the Northwest corner of said Dyches Tract, thence on the test line thereof S 020 33' 55" W 39.31 feet; thence parallel with the North line of said Dyches Tract S 970 26' 05" E 27.50 feet; thenceparallel with the West line of said Dyches Tract N 020 33' S5" E 39.31 feet to the North line of said Dyches Tract; thence on said North line N 970 26' 05" W 27.50 feet to the place of beginning. (2583P) W.W9'XtE LAM) iXR "'Y i w,+w RANDY S.X10 2125 ...cc ca us 0 1 I ALuito i = r Ul us IN a ! a ,� ° r m 1 �► o C a r 10 /RN, W *�'- 1 t71t 4► Vt. • v � XW + ai 1 ,Ls isunHW MS + o� h t _ w !r10 !!►tom t w►O J t rWz w 4 • — 1 %0 t N o N 0 16. 00 + N Q ♦ � Ion R• 4 Q + a 403 4! ac Q r O i r A.J$ 4 f" _ ` i WI N H IL ,/190' g _ _i OJ8 INC. 11515 S.W.91ST AVENUE PORTLAND.OREGON 97223 U.S.A. (603) 539-2900 DMIVFMM TO CITY OF TIGM DEPOSITORY OXEM 914/86 Loreen Wilson City Recorder City of Tigard Tigard, Oregon De.x Loreens Please make the attached document part of the City of Tigard record under Item 9.11 of the Consent Agenda of the City Counail fleeting of Sept. 8, 1986. Copies of the document were delivered to Mayor Cook Councilor Brien Coiwailor Rdwards IC Cow=ilor Zadon at the fttember 3. 1986 meeting of the City Council. The 001V for Councilor Johnsou was put in the Depository at 7115 a.)4a September 49 1986, Sina�ely• DJR, Inca G4wsldins La Ban 9ica»Prea�ident MB%b mr,i f r HA3dD s'3 I 3EU 1'0 CITY GOUiiCIL YWbTING, SBPM*1Bhe, 39 1986 Copy to: Mayor Cook Councilor Brien Councilor Edwards Councilor Johnson. Councilor radon c 1 r kbr name is Geraldine Hall and I am representing DJZ, Inc. and myself. At the Council Keeting on August 25, 1986, *u said you would have a / repay -w my presentation to you under Visitor's Agenda since you would a not let Item 11.4 be pulled. .At 3:45 I picked up a copy from Randall S. Wooley to the City Council / in regard to the Sewer Basement from Ronald Dyches for LID #42. ~` itis statement that ba usroft bonding is an optional method of funding the LID assessment, I realize you can pay cash but it is news to me that the City of Tigard. provides the fluids fair one individual with the rest of the people in the L.T.D. who didn't pay cash being under a Bancroft Bond, ' Re the illegal fill of branches }rap trees alone; with dirt, we just want > to be certain none of the from S, W. 66th or from the swamplanck which is on the Dyches property near the Lasement area comes into DJB, Inc. property. �' Re the GAS LIhTas Air„ Wooley's coments regarding kbcisting utilities Anx �R shpt on the construction drawings for benefit of the contractor, Vftm I asked to see the document on which the line want ale= through T. L, 1200 a distance of 100' Mr, Maclay got out his maps In his file and it did not snow it going 1Q0' approxirsately ac than he asked the girl who handles the reaps to bring the original transparency and it also just went a short distance and did not go the approximave 1009 as shown on both IVohes and DJB, Inc* easement documents as prepared by the City, This means that someone in Sbgr* at the City of Tigard just took it upon themselves to draw the line farther. WWee do feel that this tod yhas some effect on the validilW of the easement �- encaatp C ty 3s a tach b+eregardO A copy of the Dopy fram the 1'r:sr�a- #,ti As further verification we submit to you a copy of the document obtained from the NOW, Natural Gas Oc. JbVe Dept. on August 16, 1986. You will note it only shows� a abort distance and the address 12150 which means this ohoubd L . have been on . L. 13ol where the house is and not 1200. Also attached is Fred Anderson's letter to the City of Tigard dates MW 31, 198t andFrank Currie'a reply wherein he Says Abs City has no oontrazy o=mation an to the location of the gas line in S. W, 68th and would defer to our understanding of its location. The locations he w: refers to and bid plans mat is the 1984. Plan I subriitted to you on 8/25/860 our attorney wrote to Mr. Carlin of Ford Leasing Deva 0iment and when no XMPIDWy rapU was received called long distance and found he wap on a two week vacstioa. If we do :not hear this week, giving Mr. Carlin time to write, our attornepr will �. call again. We just want to be Sure thin is where Ford Leaaing ]Aaval ax�t wants the has etre as we da not;grant to grant this Basement and then lmd Out e els* and then the City wov1d arc us to out UP our F"FWA- -4 f ' June 15, 1984 " °�► T I TA 1W WASHINGTON COUNTY,OREGON Fred A. Anderson, Attorney at Law P.O. Box 23006 Tigard, OR 97223 Reference: Your letter of May 31, 1984 Dear Fred: In reference to your letter of Kay 31, 1984, we respond as follows: 1. Any interpretation that S.W. Elmhurst St. east of S.W. 68th Avenue was not vacated is in error; we concur that it has been vacated and that we will need appropriate easements. We are preparing same at this time, and hope to include them herein. Any surface drainage in this area can certainly be a part of negotiation for the proposed easement. 2. We have no contrary inforwation as to the location of the 94S line in S.W. 68th Avenue, and would defer to your understanding of it's location. Service to all properties are as indicated on the enclosed copy of a portion of the bid plans. These locations are as deteruined in wait %�;, by you: client on April-, 1984, and as also shown on the attached plan and signed by your client. Sincerely, Frank A. Currie. P.E. Director of Public Works Encl. b (FAC:br/01'30S) W °r g'` Qr 12755 S.W.ASH P.O.BOX 233.97 TIGARD.OREGON 97223 PH:639-4171 g . 4 i z jo S. w i Q to 1 2 ,fit/ — H ori So 8 z1O V :3 ,5 r� « M N �`� Olf/ o NCO W U)Na� 0 ® U)-.:.w loof . ifs CJ /e►? -V l , q • ' � � � M 1 C� 1 �t•-tV� � y N l•�.. � � c i �biz A Amon I _ - a 1*j N w) 1 !tu IL , �° z is €) Q4 °° O i n 1 0 , a ! rs• W er ! e� 1 s•a,�i l oac i � a W U3 z Z 1 t r z w Z 44 1 C g _ Z--Z w Ix 0 w Q a Wz 4- CL N W o {� � a ' 1 C a�jED iro�aa., i1�o a �r►►�.. r, rfl�Nr� I'Rum A/- yU. /V�l��?t7 GAS A-42-22 2Z n/.1h/. ScCth,t.D F-A�Y- JX,-rr. 's ti S.W. DARTMOUTH ST. (4TH) Boa N' F j ! _ t a � a ,Iii .'„ r f Q ^txtwin w 'i ]I N i y S.W. EIMHJRfiTF ' ST. (STH) 90 f � la m Lw P � Yw•tp,f V I iTkf It. O S.W. ' CRANK Ih 5T fSTHi i *tam � INt 1 � 1 x111/•r-9T"'� �� ( low ri 1 i ei!gwn , 2w-otoa .. .100 1� i, i y 1 i n>e�» e,Nse aro 1 — 1 S.W. GO1,I ST. — .+a� r ) F 1 .•fitsk 7.•"� V 4 y, r. _ n—- M . e ' .. ANDff\ SON• rl f —, MAN .RC ANL7Ef1 30N i• ATT0F41j1--N'!S AT LAW -11GARo t'rac a:Ic7NAL c.rN-rLr 1}t1G!3 $,, W. C-I:Fdrl-r: lir r�r-Cr; t'. O. 13OX 23006T!.--Af4D. flr3r�cr�r�p-sa:4r 430-0 030-1:ad 3 t FRCQ A. ANQCRSON OERRYCK H. 111TYMAN PROGGR F.ANDERSON u May 31, 1984 i R City of Tigard P.O. Box 23397 r Tigard, OR 97223 f: Attn: Robert Jean, City Adutinistrntor Frank Currie, Public Works Director John Hagman, Superintendent Engineering Division In order that there will be no misunderstanding of the various mutters hereinafter set fortis, we are bringing then, to your attention as follows: ' 1. Referring to Mr. Currie's memorandum of City Council of May 23, 1984, wherein it is stated that the sewer line proposed to be cunstructed running easterly from 58th Street on the I:1nliurst vacated right-cif-way is Within the public right-of-w,:y, ,,risen in fact Elmhurst was vuc;c,t.•1 by order of the County Counsel in Orders No. 77-0347 and 79-198. Thus. it will be y necessary to acquire such right-o£-way as the City laity dett�rwittu necessary easterly of 58th Street. The: vacated property is in Lite owneruhip of DJB' Inc., In this connection, we request information naw Ot- iit such titne as it becomes Immediately available, wha: is planned for sttrface and drainage waters which are apparently present eastezly of the i2,is, Inc. ownership within the vacated portion of S.W. Elmhurst Street. It is suggested that any efforts to acquire an ea:srment in this area also provide for disposi- tion of any surface and drainage water. 2. There appears to be an error contained in Nr. Hapman's letter. of April 12, 1984, addressed to the undersigned, con;nenting with respect to our Letter of April 4, 1984, to Northwest Natural Gat;. It should be clearly understood that the present line at 66th Street and 'Elintturst is limited to the public right-of-way only at the present time. Will you please consider and state explicitly in your ruzcponse what plans are presently in being or what steps are proposed to be taken to ___- jr1 City of Tigard May 31, 1934 Page 2 ty serve the lands of D.IB, Inc. lying southerly of the interchange and northerly of the ford Ownership, identified on your I.11) No. 42 map sheet 1 as 1-A, I-F, 1-11, I-J, and.. I-K. Will you please furnish us a plot plan showing the entire layout of lines proposed to serve the lots we have indicated. This problem carries with it the responsibility of the City t.; ascertain and indicate where the boundary lines are between property owners with respect to the various ser- vice .lines, particularly with respect to the lines originating an 68Lh Street. In connection with the foregoing, you will undoubtedly consider the fact that LCOC has not acknowledged the Tigard Comprehensive Plan, and it may be necessary to increase the density from 9.1 to 10 or more units per acre in order to conform to the requirements in the 'Tigard Triangle area. You are hereby advised that as of the date hereof, the president of DJB, Inc, is Del. W. Ball., and the secretary :is Jerre' Mimnaugh, and any documentation of easements or otherwise would necessarily carry a provision for their signatures. Very truly yours, ANDERSON, DITT 1AN 6 ANDERSON. Fred. A. Anderson l`AA:s r cc: We, Inc. 4 'trema}.••- # � - %v CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 8, 1386 AGENDA ITEM N: r DATE SUBMITTED: August 26, 1386 PREVIOUS ACTION: 6-7-86 Council ISSUE/AGENDA TITLE: Resolution Gond- accepted proiect Agreement & Bond itionally accepting Brittany Sq. III PREPARED BY: John S. Haqman Subdv. & authorizing a partial bond REQUESTED BY: Comm. Dev./E►► r. Serv. release. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE �.` INFORMATION SUMMARY 1. This subdivision is located at the intersection of S.W. 130th Avenue therewith, southerly of S.W. Scholls Ferry Road. 2. Construction has proceeded satisfactorily. The developer, Century 21 Properties Inc. , has requested City 'conditional acceptance' of the completed work and has indicated his desire that the City withhold the necessary performance (completion) assurance amounts from the original bond and has asked that any excess withholding be released; the attached resolution provides for doing that. The attached maintenance bond is sufficient. 3. The project Compliance Agreement (Developer-City) allays for the requested action. ALTERNATIVES CONSIDERED 1. Pass the resolution placing the existing improvement work on its maintenance period and providing for assurance of continued maintenance and final completion. 2. Do not pass the resolution until all work is completed; but , this is not really a satisfactorily alternative since the project agreement does allow for the requested action. SUGGESTED ACTION PASS THE RESOLUTION TITLED - "A Resolution Conditionally Accepting Public Improvements Known as Brittany Square III Subdivision Public Improvements". fi MAINTENANCE BOND BOND NUMBER 1.1022$3 KNOW ALL MEN BY THESE PRESENTS: THAT, CENMW 21 PROPERTIES, INC. as Principal and the A�'T SUMS � SMANY ' a -- CORPORATION authorized to transact general surety business CZ*thhe State of as Surety, are held and firmly bound unto TIC- State of OltflCiC N In the sum of NIl�E 'MM Dollars ($�� -QAC-�0** ) lawful money of the united States for the payment of which, well and truly to be made. we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract dated with the Obligee for BFrtT�+ANY S'�TF3T�IVISIQ4 Rlo•post a bond to protect the said and, WHEREAS, the said Principal is required to post Obligee against the result of faulty material or workmanship for a period of CM yg,,AR 9L186 W 9 8,/87 _ free, and after the date of acceptance of said work; NOW. THEREFORE, if the said Principal shall for a period of ONE YEAR from and after the acceptance of said work. replace any and all defects arising In said work whether resulting from defective materials or defective w+orkman- ship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGHEA, SEALED AND DATED this 13th day4of 19 86 _ t�fiT1L1RY . ]JWWd 3+1C. BY: - . n du res ent AKAWr SUF TY Surety 4 BY Attorney-In-Fact Ab1WEST SURETY INSURANCE COMPANY P.O. Bos 4500 Woodland Hills,CA 91365-4500 Telephone: (818)704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That AMWEST SURETY INSURANCE COMPANY,A CALIFORNIA COR PORATiON pities hereby make,ennttftute anti aupualt Dennis V. Gilbert -it list-- and I,r%vlul Attnrnrylsl,n Fart w,ih lull nawst intt authntrty far ant)nn hehalf of the company as surety• to psectftr• and drilivrf and altos the sedl str the cornis,ftty the,a•In Of a seal it refµrftlrfl,hnolds,undertakfnq%.rwcognrsanees or other w0,tllen n)dfgattnns u+in#nature thrfenl, a%fntlow,. Contract, Li ense hermit Court b Miscellaneous Bonds up to _5400,000.00 and to hind AMWEST SURETY INSURANEE COMPANY thefrfiy.and all of the acts of said Altorneys•fn• act,purslfrirnl to ihrsr piewtits. are hereby raltAetf ant! rnnhtmt•fl Th,. appnasimptil ,s nfddr irntlrtr anti by author sty of the fodowtnq pfnv. %Inns of the By Laws of the cnmpany,whfrh are nnw in full force anti elfert. Article Ill,Section 7 of the By Laws o1 AMWEST SURETY INSURANCE COMPANY This Power of Atinrney is sig+led And sraled by fac soa:!r•fnart and by the aifthorfty of the following resolutions adnn led toy the board of ditectrits of AMWEST SURETY INSURANCE COMPANY at a meeting duty held on December 15, 1975. RESOLVED that the president or any vert:president,its conjunction with rhe secretary or any assistant tecre tart'.may appoint attorneys in fact of agrnts with authof ttv as defined of limited to the instrument evidencing the appointment in each case, for and on behall of the company 10 execute and drlivet and affix the seal of the com pang in bnndt. undertakings, tecogntlance%.a0d Suretyship ohligatfons of all kinds,and said officers may remove any such atlorney•rn fact or agent and revnkr an;powef of attorney previously granted tri such person. RESOLVED FURTHER :hal ariv tir,nd,tinder taking.tecogtlt.ance,or suretyship obllyalion shall be valid atul binding upon the Company (f) when signed by the piestfh•nt of any viCe president and attested and sealed fit a teat be required)by any secretary or assistant secrelrity no tis) when signed by the nte%tarni Or any t,tcp vies-dent of serretaf v of assistant secretary,and countersigned and sealed fit a seat be requiter!)tri a duly Astitioisted altniney in fact no agent,of (uf) when duly efceculed and sraletf W a sea, Ix required) by .ane eft more attorneys in fact or agents put scant to and within the limits of the Mimi it% evidenced by the poww of atinrntY ttsued by the company to Such poison n0,persons. RESOLVED FURTHER that the c,gftatrrre of.ftty ♦uthoisted off,Crt rind the seal of the company may he Affixed by facsimile to any powet of attorney of retlttoralMn th•r✓of authnttttnq the execution and delivery of any bond, uncirriakfng•rrrognslanr.e,no rtthot sufelyshln alsitgat,ons of the company,and such signature and Swat when so used shall have the same force and effect as though manuatly affixed IN WITNESS WHEREOF. AMWEST SURETY INSURANCE COMPANY has Caused theft oreunts to be signed by its proper officer,and tit corporate seal to be hereunto affixed this 29th day of-MEMBER 19 L4 "'•.; MWEST SURETY INSURANC COMPANY —04 10 :i+ ..w•9 R and H. Sava ofr�r Ka en Cohen srtratafv STATE OF CALIFORNIA.COUNTY OF LOS ANGELES—ss On this221Jllay oINOVember A.O, 19—L4 personally came before me_ Richard H. Savage and Karen Cnhfpn to me known to he the individuals and officers of AMWEST SURETY INSURANCE COM_ PANY•CALiFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being by rise duly sworn,did se &fly depose and say. that they are the said officers of the co►porstion aforesaid.and that the seal affixed to the above instrument is the seal of the corporation•and that said corporate seal and their signatures as such officers were duty affixed and subscribed to the said f-tnrment by the authority of the board of directors of said corporation, �.iON►iHNr�t+•r1�N•eM�NMNj ofFlCM SEAL LEE ANN CROCIFISSO e /tot's'Pktkc Caktwilis (S AL) 0 Brinell Otto"In Loa Angeles Covfiy , My Conxtt,Exp Mar. 113,1988i 00,11, imse to •M�1�fr t►lt►ri Mt►t►�M•t•�Y•� erWrc rate#-Ar tt:nolv/A r'.nutuTv nF.LOSANGE LES—ss 1 Y ������ � fir•, J ■111. s Essig Cr - cnyOFIWARD September 8, 1986 OREGON 25 Years or Serve V614M Century 21 Properties, Inc. 7160 S.W. Hazelfern Rd. Tualatin, Oregon 97062 RE: Brittany Square III Subdivision (Letter of Commitment Partial Release) Dear Gentlemen: In the matter of the fifty nine thoueand nine hundred sixty five dollar (;59,965.00) Letter of Commitment, between Century 21 Prop- erties Inc. , and the City of Tigard, Oregon and Washington Federal Savings i Loan; this is to serve as official notice to allow said Washington Federal Savings torelease Century Properties Inc. , a portion of thedeeposientrustedto saidWashingtonFeeral Savings i Loan. The amount hereby authorized to be released is Fourty eight thousand one hundred seventy nine dollars (;48,1.79.00) . The amount to:.remain entrusted to Washington-Federal Savings a Loan as a cash performance bond to assure the City that all remaining require- ments of said Subdivision are completed, shall be Eleven thousand seven hundred eighty six dollars ($11,7$6.00) . This notice shall not be construed to nullify or alter the terms of the aforesaid Letter of Commitment inany way; it is merely an auth- orization to release a portion of the entrusted monies. City of Tigard, Oregon Hy: ayor By: ty Recorder s "; 13125 SW HON MVCL PA.BOK 23397,71ga ,Oregon 97223 (5M 634-40 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September--81 1986 AGENDA ITEM #: DATE SUBMITTED: Ay3ust 26,_ 1986 PREVIOUS ACTION: 6-9-86 Council ISSUE/AGENDA TITLE: Resolution con— accepted project Agreement &_B ditionally accepting Karen Park Sbdv. PREPARED BY: John S. Hagman 6 authorizing a partial bond release. REQUESTED BY: Comm. D En„gr. Serv. DEPARTMENT HEAD OK: __��. CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. This subdivision is located at the intersection of S.W. 110th Avenue and Garden Park Place. 2. Construction has proceeded satisfactorily. The developer, Robert J. Claus, has requested City 'conditional acceptance' of the completed work ., and has indicated his desire that the City withhold the necessary performance and maintenance assurance amounts from the original bond and has asked that any excess withholding be released; the attached resolution provides for doing that. 3. The project Compliance Agreement (Developer—City) allows for the requested action. ALTERNATIVES CONSIDERED 1. Pass the resolution placing the existing improvement work on its maintenance period and providirsg for assurance of continued maintenance and final completion. 2. Do not pass the resolution until all work is completed; but, this is not really a satisfactorily alternative since the project agreement does allow for the requested action. SUGGESTED ACTION PASS THE RESOLUTION TITLED - "A Resolution Conditionally Accepting Public Improvements Known as Karen Park Subdivision Public Improvements." cn/m j e CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY / AGENDA OF: September S. 1986 AGENDA ITEM !i: / DATE SUBMITTED: September 2, 1986 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Approve OLCC Application — Williams Texaco PREPARED BY: Loreen Wilson REQUESTED BY: Williams Texaco DEPARTMENT HEAD OK: CITY ADMINISTRATOR: M - POLICY ISSUE Council has directed approval of OLCC applications be be presented to them for approval on an individual basis. INFORMATION SUMMARY The following OLCC license application request was receiver by staff. COLONIAL TEXACO (present trade name) WILLIAMS TEXACO Ill (new trade name) 11465 Sw Pacific Highway Tigard, OR 97223 Package Store Application for Change of Ownership The Tigard Police Department has conducted a records search and recommends approval and forwarding to OLCC. ALTERNATrVES CONSIDERED 1. Approve OLCC Application and forward to OLCC. 2. Deny OLCC Application and forward to OLCC. SUGGESTED ACTION Staff recommends alternative N1 lw/4O69A p. �f x CITY OF TIGARD, OREGON MEMORANDUM TO: Alice Carrick DATE: 8/29/86 FROM: Loreen wiison� SUBJECT: OLCC Application Records Check please conduct a records check on the following applicant for a liquor license and return your recommendation for the Council's consideration on the 8th of September. COLONIAL TEXACO (present name) WILLIAMS TEXACO 02 (new trade name) 11465 SW Pacific Highway Tigard, OR 97223 package Store Application For Change of Ownership please return your recommendation by 9/3186 if at all possible. 1w Attachment: Copy of application form for your files Loreen: Business or named subjects have no re=d in our files. Therefore, we have no objections to the granting of this license.