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City Council Packet - 06/08/1987
U P D A T E TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA - CATV sign-up sheet(s) . If no sheet is available, JUNE 8, 1987, 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 Roil Call 1.2 Pledge of Allegiance 1.3 Appoint Gerry Bowles as Pro Tem City Recorder For 6/8/87 Ea/Ed UA 1.4 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA No one spoke 3. RECOGNITION AND APPRECIATION - DENIS BORMAN, KING CITY - RESOLUTION NO. 87-68 - Ed/Ea UA 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-07A - GOLDEN KEY ISLAND A request to annex a 2.44 acre unincorporated island into the City of Tigard to change the zoning on the property from Washington County R25+ to City of Tigard R40, and the plan designation from R25+ to High Density Residential. Location: 9050 SW Scholls Ferry Road (WCTM 1S1 26BC lot 1700) . Resolution No. 87-69; Ordinance No. 87-24 - Ea/Ed UA 5. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-07B - GOLDEN KEY RIGHT-0F-WAY/ COUNCIL INITIATED A request to annex an approximately .25 acre unincorporated island into the City of Tigard to change the zoning from Washington County R25+ to City of Tigard R40 and the plan designation from Washington County R25+ to City of Tigard High Density Residential. Location: 9050 SW Scholls Ferry Road (WCTM 1S1 26BC lot 1700). Resolution No. 87-70; Ordinance No. 87-25 - Ed/Ea UA 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-06 - BECK ANNEXATION - NPO #3 A request to annex 1.35 acres into the City of Tigard and to change the zoning designation from Washington County R-5 to City of Tigard R-4.5. Location: 11520 SW Fonner (WCTM 2S1 3AC Lot 2600). Resolution No. 87-71; Ordinance No. 87-26 - Ea/Ed UA 7. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-08 - GRABHORN ISLAND - NPO #7 A request to annex a 35.79 acre unincorporated island into the City of Tigard and to change the zoning designation from Washington County R-24 to City of Tigard R-25. Location: between SW 130th and SW 135th on the south side of SW Scholls Ferry Road (WCTM 1Si 33A lot 300). Resolution No. 87-72; Ordinance No. 87-27 - Ea/Ed UA COUNCIL. AGENDA - JUNE 8, 1987 - PAGE 1 t w 8. PUBLIC HEARING - ZONE CHANGE ANiVEXAPION - ZCA 87-12 - VENTURA COURT ISLAND - NPO #7 A request to annex a 9 lot 1.87 acre island of unincorporated territory into the City of Tigard and to change the zoning from Washington County R-9 to City of Tigard R-12. Location: ;just east of SW 106th and North Dakota on the north side of SW North Dakota. (WCTM 1S1 34DA lots 3500, 3600, 3700, 3800, 3900, 4000, 4100, 4200 and 4300). Resolution No. 87-73; Ordinance No. 87-28 - Ed/Ea UA 9. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-10 - HWY. 217 COUNCIL INITIATED - NPO #2 A request to annex a 22 lot 14.66 acre island of unincorporated territory into the City of Tigard and to change the zoning designation from Washington County R-9 to City of Tigard R-12. Located: between Highway 217, SW North Dakota and Heintz Avenue. (WCTM 1S1 35AC lots 100, 1700, 2300, 2400, 2500, 2600, 2700, 4600, 4700; WCTM 1S1 35CA lots 101, 102, 103, 200, 201, 202 and 203; WCTM iSl 35DB lots 8500 and 8600; WCTM 1S1 35DA lots 2600, 2601, 2602 and 2603) . Resolution No. 87-74; Ordinance No. 87-29 Ea/Ed UA (error in Ordinance found subsequent to passage; staff will report back) 10. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-11 - SCARRATT, NPO 02 A request to annex a .16 acre island of unincorporated territory into the City of Tigard and to change the zoning from Washington County R-5 to City of Tigard R-4.5 (WCTM 1S1 35DB lot 8300) . Resolution No. 87-75; Ordinance No. 87-30 - Ed/Ea UA 11. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-09 - 108TIl COUNCIL INITIATED - NPO #2 A request by the City of Tigard to annex a 5 lot 17.13 acre island of unincorporated territory into the City of Tigard and to change the zoning from Washington County R-24 to City of Tigard R-25. Location: on the east side of SW 108th south of SW Durham Road to the current city limits. (WCTM 2S1 15A lots 100, 200, 201, 202 and 300.) Resolution No. 87-76; Ordinance No. 87-31 - Ea/Ed UA 12. PUBLIC HEARING - 135TH/MURRAY ROAD LOCAL IMPROVEMENT DISTRICT Terminate Option A Ed/Jo; UA Selection of Option B w/modifications; i.e., new mMineering report; expansion of boundaries for LID participation; include cowpletion of S.W. 135th and tiered assessment. Jo/Ea UA 13. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - ZOA 87-01 - SENSITIVE LANDS Review Planning Commission's recommendation for approval to amend the following sections of the Community Development Code as they pertain to Sensitive Lands and Federal Emergency Management Agency's National Flood Insurance Program requirements: 18.84, 18.94.030, 18.94.040 and 18.160.020. Ordinance No. 87-32 Jo/Ea UA I i i COUNCIL AGENDA - JUNE 8, 1987 - PAGE 2 I ' 14. CONSENT AGENDA: Ea Jo UA 14.1 Approve Council Minutes - April 20, 1987 and May 11, 1987 14.2 Receive and File: a Departmental Monthly Reports - Executive Summary for May, 1987 and Community Development Department - May 1987 b Council Meeting Calendar c Council Policy Calendar d Noise Abatement Report - Dahlstrom 14.3 Recess Council Meeting; Convene Local Contract Review Board Meeting; Approve Award of Bid For North Dakota Street & 115th Avenue Intersection Improvements; Adjourn Local Contract Review Board Meeting; Reconvene Council Meeting 14.4 Approve Police Services Contract - Sherwood - Res. No. 87-78 14.5 Approve Colony Creek Estates Final Acceptance of Public Improvements - Resolution No. 87-79 15. NON-AGENDA ITEMS: From Council and Staff .1 Transfer appropriation within the Parks SDC Fund between the Community Derelapwant Program aM the Capital Projects/All Other Program - Resolution No. 87-77 Ea/Ed UA .2 Davis - Sensitive LaMs Appeal - Remand to Hearings Officer - Ea/Ed UA .3 Support for 4th of July Celebration up to $3,000 - Jo/Ea UA 16. ADJOURNMENT cw/4625A COUNCIL AGENDA - JUNE 8, 1987 - PAGE 3 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - JUNE 8, 1987 - 6: 35 P.M. 1 . ROLL CALL: Present: Mayor Tom Brian; Councilors Carolyn Eadon, Jerry Edwards, and Valorie Johnson (arrived at 8:20 p.m. ) ; City Staff: Bob Jean, City Administrator; David Lehr, Chief of Police; Bill Monahan, Community Development Director; Ken Fox, Legal Counsel ; Jill Monley, Community and Administrative Services Director, Liz Newton, Senior Planner, and Gerry Bowles, Recorder Pro tem. 2. STUDY SESSION a. Called to order at 6 :35 p.m. by Mayor Tom Brian. b. City Administrator distributed additional information on Agenda Items 12 ( 135th/Murray LID) and Item 13 (Sensitive Lands) . C. Community Development Director discussed the appeal of the sensitive lands issue (SL 1-86) which is Non-Agenda Item 15. 2, suggesting that it be remanded to the Hearings Officer to hear additional testimony from people who were mistakenly omitted from the mailing list rather than having an appeal heard by the City Council . He distributed a Memorandum from Senior Planner Liden. d. City Administrator summarized the additional non-agenda Items as: 15. 1 - Appropriation of Parks SDC Funds and 15.3 - The Fourth of July City Celebration. e. Senior Planner Newton presented an overview of the zone amendments summarizing the methods used for annexation. Revised resolutions will be distributed at the time of the hearings with the correct ORS language . f. Mayor Brian questioned whether the Council is comfortable making a decision on the 135th/Murray LID with only two Councilors present. City Administrator said they could hear additional testimony at this time but not take formal action. The Councilors absent could listen to the tapes and review the minutes and be eligible to vote at the next hearing. In response to a question from Councilor Eadon, the City Administrator and City Engineer explained the deferred assessment procedure . Recess: 7:00 p.m. Reconvene : 7:05 p.m. Page 1 - COUNCIL MINUTES - June 8, 1987 C3. Appoint Gerry Bowles as Pro Tem City Recorder for 6/8/87 a. Motion by Councilor Eadon, seconded by Councilor Edwards, to appoint Gerry Bowles as Pro Tem City Recorder for 6/8/87. Approved by a unanimous vote of Council present . i i 4. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS i i a. City Administrator added three items to Non-Agenda: 15. 1 - { Approve Parks Capitol Equipment Resolution; 15. 2 - Sensitive Lands Remand (Davis) to Hearings Officer; and 15.3 - Fourth of July City Celebration. 5. VISITOR'S AGENDA f a. Gerald Roy, had signed to speak but declined. 6. RECOGNITION AND APPRECIATION - DENIS BORMAN, KING CITY a. RESOLUTION NO. 87-68 A RESOLUTION PROCLAIMING THE CITY OF # TIGARD'S RECOGNITION AND APPRECIATION OF DENIS BORMAN AND HIS SERVICE TO THE ENTIRE COMMUNITY AS CITY ADMINISTRATOR FOR KING CITY. i b. Motion by Councilor Edwards, seconded by Councilor Eadon to approve Resolution No. 87-68. Approved by unanimous vote of Council present. i 7. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-07A - GOLDEN KEY ISLAND A request to annex a 2. 44 acre unincorporated island into the City of Tigard to change the zoning on the property from Washington County R25+ to City of Tigard R40, and the plan designation from R25+ to High Density Residential . Location: 9050 SW Scholls Ferry Road (WCTM 1S1 26BC Lot 1700) . j a. Public Hearing Opened. s P b. No Declarations or Challenges Made. x i C. Senior Planner Newton explained that the owner of the Golden Key Apartment Building had indicated to the Boundary Commission that they would like to be annexed to the City of Tigard with the Washington Square and Embassy Suites - South Metzger Area. It was too late to include them at that time so the City indicated they would return with an island annexation. A revised resolution was C distributed. t t Page 2 - COUNCIL MINUTES - June 8, 1987 d. Public Testimony o No one signed to testify. e . Public Hearing Closed. i f. RESOLUTION NO. 87-69 A RETHEUTTERRITORYION HEASNGOUTLINED TIIN I TO THE CITY OF TIGARD OF ; EXHIBIT "A" AND DESCRIBED IN EXHIBIT 'B" ATTACHED. (GOLDEN i KEY "A" ) , (ZCA 87-07A) . g, Motion by Councilor Eadon, seconded by Councilor Edwards, to approve Resolution No. 87-69 . Approved by unanimous vote of Council present. h, ORDINANCE OBAPPROVE7-24 NA ZONEANCE CHANGEDOZCAN87-07A) (GOLDEN GS AND CONCLUSIONSS T KEY "A") AND DECLARING AN EFFECTIVE DATE. 1 . Motion by Councilor Eadon, seconded by Councilor Edwards, to adopt Ordinance No. 87-24. Approved by unanimous vote of Council present . 8. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-07B - GOLDEN E KEY RIGHT-OF-WAYICOUNCIL INITIA .25 acre unincorporated A request to annex an approximately from island into the City of City ofTigardR40and tOchange the zoning City the plan Washington County R25+ to g of Tigard High designation from Washington County R25+ to City Density Residential . Location: 9050 SW Scholls Ferry Road (WCTM 1S1 26BC Lot 1700) . a. Public Hearing Opened. b. No Declarations or Challenges Made . C. Senior Planner Newton explained that this is part of the tax lot he just annexed but it is separated by right-of-way that enters Washington Square . This is not an island and must be handled separately. d. Public Testimony - No one signed to testify. e , Public Hearing Closed. ANNEXA f. RESOLUTION NO. 87-70 A RESOLUTION FURTHERING UTLINEDTION TO THE CITY OF TIGARD OF THE TERRITORY AS EXHIBIT "A' AND DESCRIBED IN EXHIBIT "B" ATTACHED. (GOLDEN KEY "B") ZCA 87-07B. g. Motion by Councilor Edwards, seconded by Councilor Eadon to approve Resolution No. 87-70• Page 3 - COUNCIL MINUTES - June 8, 1987 Approved by unanimous vote of Council present. h. ORDINANCE NO. 87-25 AN ORDINANCE ADOPTING FINDINGS AND f CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-04) (GOLDEN y KEY "B") AND DECLARING AN EFFECTIVE DATE. i i . Motion by Councilor Edwards, seconded by Councilor Eadon i to adopt Ordinance No. 87-25. { i Approved by unanimous vote of Council present. 9. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-06 BECK ANNEXATION - NPO #3 A request to annex 1 .35 acres into the City of Tigard and to change the zoning designation from Washington County R-5 to City of Tigard R-4.5. Location: 11520 SW Fonner (WCTM 2S1 3AC Lot 2600) . } a. Public Hearing Opened. b. No Declarations or Challenges Made . C. Senior Planner Newton said Mr. Beck and his wife have requested the City of Tigard initiate the annexation. They are entering into an agreement to purchase the property. They are interested in having the property connected to City sewer. A revised resolution was distributed. d. Public Testimony - No one signed to testify. e . Public Hearing Closed. f. Councilor Eadon questioned the applicant's request to hook up to City sewer. Senior Planner Newton said it has been explained to Mr. Beck that annexation is a separate issue but the sewer connection is being reviewed by staff . g. RESOLUTION NO. 87-71 A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 87-06) (BECK) . h. Motion by Councilor Eadon, seconded by Councilor Edwards i to approve Resolution No. 87-71 . i Approved by unanimous vote of Council present. i . ORDINANCE NO. 87-26 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-06 (BECK) AND DECLARING AN EFFECTIVE DATE. i i Page 4 - COUNCIL HINUTES - June 8, 1987 3 • Motion by Councilor Eadon, seconded by Councilor Edwards to adopt Ordinance No. 87-26. Approved by unanimous vote of Council present. 10. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-08 GRABHORN i ISLAND - NPO #7 A request to annex a 35.79 acre unincorporated island into the City of Tigard and to change the zoning designation fromto 1 betweeWashinn 130thCountandSW 135thConythefsouthasdideR of� SWLoScholls between ; Ferry Road (WCTM 1S1 33A Lot 300) . } a. Public Hearing Opened. b. No Declarations or Challenges Made . i C. Senior Planner Newton said this property became an island of unincorporated territory when the City annexed the south half of the Scholls Ferry Road right-of-way. A revised resolution was distributed. d. Public Testimony: o Bob Fitzgerald, 10820 SW 130th, Tigard, concurs with any future development of the property. The expansion of SW 130th will need consideration in the future . o Jack Schwab, 9250 SW Tigard Street, representing Bert Grabhorn, said the City's records show that Mr. Grabhorn's mother is the owner of the property and all notices have been mailed to her. Mr. Grabhorn has not been notified of the public hearings and is not prepared at this time to make a decision. Mr. Schwab requested a continuance to allow them time to talk to City staff about the proposal . e. City Administrator said the notice procedure is legally correct. The County record's show Hr. Grabhorn as the owner but the Assessor's office indicates his mother as owner. A continuance would delay the Boundary Commission hearing to September. City Administrator further explained that the Council's action does not automatically annex the land. The Boundary Commission will make the : final decision at a hearing which would allow the applicant the opportunity to evaluate their position. f. Community Development Director said a change in zoning would require a separate process. The property does not C have to be in the City to be included in the LID. Page 5 - COUNCIL MINUTES - June 8, 1987 4 g. Public Hearing Closed. h. RESOLUTION NO. 87-72 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA 87-08) (GRABHORN) . 1 . Motion by Councilor Eadon, seconded by Councilor Edwards to approve Resolution No. 87-72. J . Councilor Edwards said he supports the motion because this Is not a finalization of annexation but a process to send it to the Boundary Commission for a hearing. Thezoning is a different process . Also, the property could be included in the LID whether it is in the City or County. k. Councilor Eadon concurred with Councilor Edwards. This is just a step in the process. 1 . Mayor Brian also concurred with Councilor Edwards and added that the fate of the Boundary Commission is unknown at this time . He feels that a property owner would prefer to go with a known process. Approved by unanimous vote of Council present. M. ORDINANCE NO. 87-27 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-08) (GRABHORN) AND DECLARING AN EFFECTIVE DATE. n. Motion by Councilor Eadon, seconded by Councilor Edwards to adopt Ordinance No. 87-27. Approved by unanimous vote of Council present. it . PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-12 - VENTURA COURT ISLAND - NPO #7 A request to annex a 9 lot 1 .87 acre island of unincorporated territory into the City of Tigard and to change the zoning from Washington County R-9 to City of Tigard R-12. Location: just east of SW 106th and North Dakota on the north side of SW North Dakota. (WCTM 1S1 34DA Lots 3500, 3600, 3700, 3800, 3900, 4000, 4100, 4200, and 4300) . a. Public Hearing Opened. b. No Declarations or Challenges Made . c. Senior Planner Newton explained that this area was inadvertently left out when the surrounding area was C annexed due to the way the legal description was written. A revised resolution Was distributed. Page 6 - COUNCIL MINUTES - June 8, 1987 r" d. Public Testimony: Proponent: o Richard Wooten, 11090 SW 106th, requested a clarification of the intent of development of the area. He was concerned about the effect of development on the drainage and riparian area. s e . Senior Planner Newton explained that there is no development planned for this particular parcel at this time . The zoning would be R-12 and unless the platt is changed or amended, it cannot be developed. i f. Public Hearing Closed. g. RESOLUTION NO. 87-73 A RESOLUTION INITIATING ANNEXATION f TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA ; 87-12) (VENTURA COURT) . i h. Motion by Councilor Edwards, seconded by Councilor Eadon to approve Resolution No. 87-73. Approved by unanimous vote of Council present. i . ORDINANCE NO. 87-28 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-12) (VENTURA COURT) AND DECLARING AN EFFECTIVE DATE. � . Motion by Council Edwards, seconded by Councilor Eadon to adopt Ordinance No. 87-28. F Approved by unanimous vote of Council present. 12. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-10 - HWY. 217 COUNCIL INITIATED - NPO #2 ' A request to annex a 22 lot 14.66 acre island of unincorporated territory into the City of Tigard and to change the zoning designation from Washington County R-9 to City of Tigard R-12. Located: between Highway 217, SW North Dakota and Heintz Avenue . (WCTM ISI 35AC Lots 100, 1700, 2300, 2400, 2500, 2600, 2700, 4600, 4700; WCTM 1S1 35CA Lots 101 , 102, 103, 200, 201 , 202, and 203; WCTM 1S1 35DB Lots 8500 and 8600; WCTM 1S1 35DA Lots 2600 2601 , 2602, and 2603) . a. Public Hearing Opened. b. No Declarations or Challenges Made . C. Senior Planner Newton said this became an island when the City annexed the northern portion of Highway 217. A f Page 7 - COUNCIL MINUTES - June 8, 1987 revisied resolution was distributed. d. Public Testimony: Opponents: Marianne Ryan, 11145 SW 95th, requested clarification of the zone . She was concerned about the increase in density and questioned whether this would allow apartments along Fanno Creek. She also requested that the street be paved upon annexation. e. Senior Planner Newton explained that the zoning would allow development at this density but does not require it . This action does not approve any particular development. When a specific development plan comes before the City, all the issues will be reviewed. City Administrator explained that annexation does not assure that the street will be paved. The City will patch the potholes and the street will then be included in a prioritization program for street improvements. Community Development Director explained that the annexation of the street is a separate procedure that follows the annexation of the land. In response to a question from Ms. Ryan, the difference in police services was reviewed. o Virginia Anderson, 10970 SW 95th Avenue, did not have anything to add to Ms. Ryan's testimony. o Joyce Osborne Peters, 10860 SW 95th Avenue, commented that changing it from a R-9 to R-12 makes it more dense . The property is very swampy. Mayor Brian said that the City's agreement with the County Is to zone the land with the nearest compatible designation. e. Public Hearing Closed. f. RESOLUTION NO. 87-74 A RESOLUTION T_NITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA 87-10) (217) . g. Motion by Councilor Eadon, seconded by Councilor Edwards to approve Resolution No . 87-74. Approved by unanimous vote of Council present. Page 8 - COUNCIL MINUTES - June 8, 1987 h. ORDINANCE NO, 87-29 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-10) (217) AND DECLARING AN EFFECTIVE DATE. i . Motion by Councilor Eadon, seconded by Councilor Edwards to adopt Ordinance No. 87-29. Approved by unanimous vote of Council present. 13. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-11 - SCARRATT, NPO #2 A request to annex a . 16 acre island of unincorporated territory Into the City of Tigard and to change the zoning from Washington County R-5 to City of Tigard R-4.5 (WCTM 1S1 35DB Lot 8300) . a. Public Hearing Opened. b. No Declarations or Challenges Made . c. Senior Planner Newton said this is separated from the 217 Island by one property so must be considered a separate annexation. A revised resolution was distributed. d. Public Tastirony - N-- -n- si-med to testify. e . RESOLUTION NO. 87-75 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT 'A' AND DESCRIBED IN EXHIBIT 'B" ATTACHED. (ZCA 87-11) (SCARRATT) . f. Motion by Councilor Edwards, seconded by Councilor Eadon to approve Resolution No. 87-75. Approved by unanimous vote of Council present. g. ORDINANCE NO. 87-30 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-11) (SCARRATT) AND DECLARING AN EFFECTIVE DATE. h. Motion by Councilor Edwards, seconded by Councilor Eadon to adopt Ordinance No. 87-30. Approved by unanimous vote of Council present. 14. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-09 - 108TH COUNCIL INITIATED - NPO #2 A request by the City of Tigard to annex a 5 lot 17. 13 acre island of unincorporated territory into the City of Tigard and to change the zoning from Washington County R-24 to City of Tigard R-25. Location: on the east side of SW 108th south of / SW Durham Road to the current City limits. (WCTM 2S1 15A Lots l 100, 200, 201, 202, and 300. ) Page 9 - COUNCIL MINUTES - June 8, 1987 a. Public Hearing Opened. b. No Declarations or Challenges Made . I C. Senior Planner Newton said this is a newly created island. j Land surrounding this area has been annexed to accommodate new developments. A revised resolution was distributed. d. Public Testimony - No one signed to testify. i e . Public Hearing Closed. i f. RESOLUTION NO. 87-76 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA 87-09) ( 108TH) . 1 g. Motion by Councilor Eadon, seconded by Councilor Edwards to approve Resolution No. 87-76. 4 Approved by unanimous vote of Council present. i h. ORDINANCE NO. 87-31 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-09) ( 108TH) AND DECLARING AN EFFECTIVE DATE. i . Motion by Councilor Eadon, seconded by Councilor Edwards to adopt Ordinance No. 87-31 . Approved by unanimous vote of Council present. i 15. PUBLIC HEARING - 135TH/MURRAY ROAD LOCAL IMPROVEMENT DISTRICT i a. Public Hearing Opened. b. No Declarations or Challenges Made . C. City Engineer reviewed the history of the project and summarized the two options. He and the City Attorney's office have determined that Option B is the most equitable way of distributing the cost of right-of-way. Some of the property owners of single-family residences on large lots zoned for higher density have requested that the Council consider some method of deferring or reducing the assessment since their current use is single-family. Information was included in the packet describing such alternatives. If sidewalk is preferred on only one side, City Engineer recommended it be placed on the west side of the street because it will have a lesser impact on the existing landscaping. If a sidewalk is placed along Murray Boulevard extension, he would recommend it be Page 10 - COUNCIL MINUTES - June 8, 1987 {r placed on the north side because it would then abut some existing development and be closer to 135th. d. Public Testimony: Proponents of Option A: o Roger Nore, 11766 SW Swenden Loop, felt Option A is a more fair plan because of the larger boundary. He is in favor of the local street standard road. He does not see a need for turn lanes. He agreed with placement of one sidewalk and lights and underground wires. The people he has talked to in Cotswald favor Option A. o Jack Schwab, 9250 SW Tigard Street, attorney representing Bert Grabhorn, said Mr. Grabhorn was aware of the LID and filed a remonstrance in March but because of the mix-up in the notification as noted earlier, he was not aware of the May meeting and has only recently become aware of the two options. They have not had sufficient time to review all the information and requested the matter be continued. o Mark Bonebrake, 13265 SW Falcon Rise Drive, President of Morning Hill Homeowners Association, speaking In behalf of the 50+ households, said they favor Option A. It is less expensive and the sooner that the Murray Extension is built, the traffic burden on 135th will be diminished. They would like sidewalks on both sides of the street . They also requested that the planting areas between the curb and the sidewalk be eliminated except for trees. The houses will not be facing the road. The area will not be properly maintained. In answer to a question from Mayor Brian, Mr. Bonebrake said the people would prefer Option A over status quo. Councilor Edwards requested that the Association submit a signature list of all the homeowners who are in favor of Option A. o Roger Anderson, 8865 SW Center, attorney representing Mrs. Donovan, felt the larger boundaries should be used although Mrs. Donavan would prefer not to have an LID. A 30-foot wide street is much wider than needed to carry the traffic. The assessment method was also a concern. The assessment and taxes on Mrs. Donovan's property would be in excess of $13,000 a year. She does not qualify for a deferral . He was not aware of any deferral alternatives for owners of larger tracts. Some of the properties are assessed on current use and others assessed on future use. Mrs. Donovan would prefer �- not to have the area changed but she would prefer Option 5 Page 11 - COUNCIL MINUTES - June 8, 1987 over all the other options because of the lesser costs. Proponents Option B: o Cathy Baxter, 12950 SW 135th, questioned where Murray Boulevard is going once it is extended. She agreed with Mr. Anderson that a 30-foot wide street is excessive . She suggested Option B using boundaries of Option A be considered. o Marlin Hopfer, Box 390, Route 11 Beaverton, requested that the intersection of the proposed Murray Road extension be moved approximately 30-50 feet to the southwest to move it further from his home. o Russ Krueger, 1335 SW 66th, Portland, asked the Council to consider Option B because of the burden Option A would place on him. There is no need for Murray to be extended at this time because there is no development there. It would present a tremendous economic burden on him. He is willing to develop the street to City standards in phases as he develops his parcel . o Norman Harker, Alpha Engineers, representing BenjFran, said they support Option B. They can build their portions of Murray Boulevard and 135th that are outside of Option B for considerably less than their assessment through the LID process. They also requested the Council consider using SDC funds to help defer the cost to some of the residents in the area. e. City Engineer recommended approval of Option A because it appears to be the most fair option. f. In answer to questions from the Council, the City Engineer responded that in order to take the boundaries of Option A for Option B improvements, it would require a study to determine whether the additional properties in that area are benefited by the improvements of Option B. With regard to where Murray will go, the City Engineer said that the Urban Planning Area Agreement states that Murray will eventually extend from Walnut/135th vicinity to the Intersection of 121st/Gaarde Street. The precise alignment has not yet been determined. In response to the request to move the intersection to the southwest, City Engineer said that if it is moved, the agreement between Beaverton, County, and Tigard would need to be modified. From an engineering standpoint, staff would need to determine if proper site distance exists and whether the shift would cause an encroachment on sensitive lands. Page 12 ^- COUNCIL MINUTES - June 8, 1987 City Administrator discussed the possibility of exploring g. option B with the on a broad base the area benefitted by p bulk of it based on direct front footage- on a lower base . If benefit ifound couldproperties establishedcontained in Option A, a two-tier approach he h. City Engineer discussed developmenttpotential sand t the property their of-way acquisition. I . Discussion ensued on the transition of 135th at the point the LID improvements would terminate . City Engineer said a temporary transition to Walnut Street would be located until that portion of 135th is improved. Councilor Edwards expressed the desire to pursueptin hB J . with Option A's boundaries. If this is not possible, would opt for Option B without the Murray Extension would go nowhere and it would require a because it tremendous dollar he road when dent from velopment developers o elopmenttakesplace . eventually pay for the rimar concern is k, Councilor Eadon said thpof property may not now transportation. The larger pieceswhich will generate be developed but they will eventually Blwlth the understanding traffic. She will support option that it is based on the condition that Murray Boulevard will be developed as development and traffic occurs pa dIt will be developed to standards agreed to by all concerned. She would like further discussion and final comparison costs of placing sidewalks on one or both mnorsidewalks on sides . If the cost streetifor�theesafety ofwould lkpedestrians and both sides of the bicyclists. 1 , Councilor Johnson felt it is logical to look at prop35th outside of Option B boundaries which will be using and benefit from it until Murray extension is completed. She expressed support for a 30-foot wide street with one sidewalk and Option B with a modified boundary, perhaps with a two-tier assessment. m. Mayor Brian supported option B. The City must also consider the economics of Option A should the economy do Into a slump. Murray extension as proposed wouldnot nourray anywhere . The developers are required to pay as development occurs. He would like the two-tiered assessment pursued. n. Legal Counsel said that a new resolution and public r' hearing will be necessary because it will increase the assessment. Page 13 - COUNCIL MINUTES - June 8, 1987 o. Discussion ensued on the two-tier method of assessment and whether the Council wished to terminate the possibility of Option A. P. Motion by Councilor Edwards, seconded by Councilor Johnson to terminate proceedings on Option A. Approved by unanimous vote of Council present. q. Motion by Councilor Johnson, seconded by Councilor Eadon to request staff to revise the engineering report on Option B and an A-B mix and return with a new resolution of intent. Approved by unanimous vote of Council present. r. Mayor Brian suggested including the southern portion of 135th not presently included in the LID in the event that + the Option A two-tier assessment process is used. S. Motion by Councilor Johnson, seconded by Councilor Eadon to direct staff to provide a report showing Option B with sidewalks; Option B improvements with Option A assessment boundaries. If the extended boundaries are feasible, Include the completion of improvements to the southern portion of 135th. Approved by unanimous vote of Council present. Recess: 9: 35 p.m. Reconvene 9:45 p.m. 16. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - ZOA 87-01 SENSITIVE LANDS Review Planning Commission's recommendation for approval to amend the following sections of the Community Development Code as they pertain to Sensitive Lands and Federal Emergency Management Agency's National Flood Insurance Program requirements: 18.84, 18.94.030, 18.94.040, and 18. 160.020. a. Public Hearing Opened. b. No Declarations or Challenges Made. C. Community Development Director explained that these revisions are necessary to meet Federal Emergency Management Agency requirements. He reviewed the changes contained in the handouts distributed at the meeting. ll d. Community Development Director recommended approval . 1. Page 14 - COUNCIL MINUTES - June 8, 1987 E s I I e . Public Testimony - No one signed to testify. f f. Public Hearing Closed. g. ORDINANCE NO. 87-32 AN ORDINANCE TO AMEND CHAPTER 18.84 AND SECTIONS 18. 160.020, 18.94.040, AND 18. 26.030 OF THE COMMUNITY DEVELOPMENT CODE AS THEY PERTAIN TO SENSITIVE LANDS <ZOA 87-01 >, AND DECLARING AN EMERGENCY. h. Motion by Councilor Johnson, seconded by Councilor Eadon to adopt Ordinance No. 87-32. Approved by unanimous vote of Council present. 17. 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: 17. 1 Approve Council Minutes - April 20, 1987 and May 11 , 1987 17.2 Receive and File: a. Departmental Monthly Reports - Executive Summary .or May1987 and community Development Department May 1987 b. Council Meeting Calendar c. Council Policy Calendar d. Noise Abatement Report - Dahlstrom 17.3 Recess Council Meeting; Convene Local Contract Review Board Meeting; Approve Award of Bid for North Dakota Street and 115th Avenue Intersection Improvements; Adjourn Local Contract Review Board Meeting; Reconvene Council Meeting. - 17.4 Approve Police Services Contract - Sherwood Resolution No. 87-78 17.5 Approve Colony Creek Estates Final Acceptance of Public Improvements - Resolution No. 87-79 a. Motion by Councilor Eadon, seconded by Councilor Edwards to approve . Approved by unanimous vote of Council present. 18. NON-AGENDA ITEMS: From Council and Staff 18. 1 Parks Capital Resolution a. City Administrator explained this would approve the purchase of a portion of the parks equipment in FY 1986-87. C. i Pace _15 - COUNCIL MINUTES - June 8, 1987 b. RESOLUTION NO. 87-77 A RESOLUTION TRANSFERRING APPROPRIATION WITHIN THE PARKS SDC FUND BETWEEN THE COMMUNITY DEVELOPMENT j PROGRAM AND THE CAPITAL PROJECTS/ALL OTHER PROGRAM. c. Motion by Councilor Eadon, seconded by Councilor Edwards to approve Resolution No. 87-77. Approved by unanimous vote of Council present. 18.2 Appeal of Sensitive Lands Application (SL 1-86 - Dr. Davis) a. Community Development Director explained that three property owners did not receive notification of the hearing because the list of adjacent property owners submitted by the applicant omitted these names. Staff recommends that the issue be remanded to the Hearings Officer to consider all the concerns raised concerning drainage . The applicant and the appellant are Interested in meeting on the site to discuss the issues. b. Eadon favored remanding the issue to the Hearings Officer viewing the issue as an incomplete hearing rather than an appeal . C. Motion by Councilor Eadon, seconded by Councilor Edwards that the appeal of SL 1-86 - Mr. Davis be remanded to the Hearings Officer to be heard on June 25. Approved by unanimous vote of Council present. 18.3 Tigard Fourth of July Community Event. a. Mayor Brian summarized the request for Council to consider authorizing up to 83,000 as a cap to support a Community picnic sponsored by the City in coordination with the School District and the Tualatin Rural Fire Protection District. The activities would include music and fireworks. The total cost would be between $6,000 and $7,000, with the majority of the cost to be raised through private contributions. The event would be alcohol-free . b. Motion by Councilor Johnson, seconded by Councilor Eadon to approve an appropriation from the contingency fund of a maximum of $3,000 for a City Fourth of July celebration. Approved by unanimous vote of Council present. l_ Page 16 - COUNCIL MINUTES - June 8, 1987 7 `. 19. Community Development Director introduced Cliff Scott, the new Public Works Operations Manager. 20. Councilor Johnson pointed out a discrepancy in ZCA 87-10, in which it states the Washington County zoning to be R-5 converted to City R-12. Staff will return with an amended ordidance . 21 . ADJOURNMENT: 10: 15 p.m. r i i Recorde VPro tem r . i ATTEST: Mayor - City of Tigard i s Page 17 - COUNCIL MINUTES - June 8, 1987 TIDIES PUBLISHING COMPANY L.9ai P.O.BOX 370 PHONE(503)684-0360 N.,1,.7-60 84 BEAVERTON.OREGON 97075 Leges Notice Advertising °' City of Tigard • ❑ Tearsheet Notice • PO Box 23397 • ❑ Duplicate Affidavit Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1 Anne HJean being first duly sworn, depose and say4hat I arg t�.Advertising Director,or his principal clerk,of the i ga r i me s a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state:that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and i consecutive in the following issues: Trane 4 , 1997 l�=— Subscribed and fore me this ary Public for Oregon ..; MY tsann+fssi`i�n x�ires.= 9 :20-88 AFFIDAVIT f �u 1 C _ l \ 1 TIMES PUBLISHING COMPANY Legal 7_6072 P.O.BOX 370 PHONE(503)884-0380 Notice BEAVERTON.OREGON 97075 Legal Notice Advertising • City of Tigard a ❑ TearsheetNotice PO Box 23397 r ❑ Duplicate Affidavit Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. + Anne Jean being first duly sworn,depose and saT}ga radn Vhrme Sertising Director,or his principal clerk,of the a newspaper of general circulation as ardefined in ORS 1910 and 193.020;published at he aforesaid county and state;that the a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for--1--successive and consecutive in the following issues: 9R I l Subscribed and safore me this -tom/ tart'Public for Or?ycn My commission Expires: - 9-20-88 AFFIDAVIT _'e - Igo 1110; a a SSSS E � a^ _ . aiq I sp D� 9D 12 Iea 9Ifl � .v Y .� ? .sg yam. 1 9� y< 9v t z > a o, SEZ g�0 z 02ii zz Ysa 3R g L 6S�„S oa F a ~ 8 $ F u < i.,,. �,2'9a�..-F v, g$ cry �r F�, • , a I f3$ n — .. Y3 yog r QQg y, r� r •• .r. eyo§ , I� Dg9g '°u . o a D ga ��� 9x 3 9 " vas 1a _ m s'�..ag.m 8 m a � nes 0° s ` � 94 l 0� 8a as'a 141 " I ,pal 9.111 nzlD ggr CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING C In the Matter of the Proposed Q�'cf�nc�v►ceo k7-���, 8-"?-a5 1&,?- -(0, bre-a� 9-7-0 'W &7-ate -2-31, 7-2) STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, c—? ,`k le!x `fJ. �7Q! /ti, being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) — which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attache and by reference made a part hereof, on the ?(e day of SLc -7, e • 1987• 1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon Subscribed and sworn to before me this A ? It day of L(AIL 19-Y1 Notary Public for Oregon iJ 7j G• Z# 1: My Commission Expires: CITY OF TIGARD, OREGON ORDINANCE NO. 87-24 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A -ZONE CHANGE (ZCA 87-07A)(GOLDEN KEY "A") AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987, to consider the annexation request and to consider zoning and plan designations for the property; and WHEREAS, on June 8, 1987, the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district and plan designations recommended by the Planning staff as set forth in Section 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Nu:rber Current Zoning Proposed Zoning 1S1 268C 1700 Wash Co. R-25+ City of Tigard R-40 portion east of Wash. Square frontage road Current Plan Designation Proposed Plan Designation Wash. Co. R-25+ City of Tigard High Density Residential Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By UO&rii M W5 vote of all Council members present after being read by number and title only, this �� day of 1 A 1987. 6G'l Catherine Wheatley, Deputy Recorder APPROVED: This day of 1987• Thomas M. Brian, Mayor (DR:sb/3215P) ' ORDINANCE NO. 87—,-Q Page I CITY OF TIGARD, OREGON ORDINANCE NO. 87-.QF)— AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-0-7B)(GOLDEN KEY "B") AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987 to consider the annexation request and to consider plan and zoning designations for the property; and WHEREAS, n to ,the B7, the PortlandCity Council MetropolitanAreaapproved Local resolution forwarding Government Bou dary the annexation Commission; and WHEREAS, the plan and zoning district designations recommended by the Planning staff as set forth in Section 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning ISI 268C 1700 portion Wash. Co. R25+ City of Tigard R-40 West of Wash. Sq. frontage Road Current Plan Proposed Plan Designation Designation Wash. Co. R25+ City of Tigard High Density Residential ive Section 2: This annexation nfinal order with the officance shall become e p of the Secretary of Staton filing of e PASSED: By Uv►rf II/Yr►r�t� vote of all Council members present after being read by number and title only, this day of -6 4"M o, 1987. .der therine Wheatley, Deputy Recorder APPROVED: This day of 1987. C - Thomas M. Brian, Mayor OR:cn/3224P UKdTU��Ck. -RES Y6VTNN NO. 87 Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 87-S2k AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-06) (BECK) and DECLARING AN EFFECTIVE DATE. WHEREAS, on May 4, 1987 Jay and Nora Beck filed a request to annex land into the City of Tigard; and WHEREAS, the City Council held a public hearing on June 8, 1987 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on June 8, 1987 the City Council approved a resolution forwarding 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 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 2S1 3AC 2600 Wash. Co. R-5 City of Tigard R-4.5 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By JAC tl tr"OLI.5 vote of all Council members present after being read by number and title only, this day of1987. Catherine Wheatley, Deputy Recorder APPROVED: This day of e_ , 1987• Thomas M. Brian, Mayor r JA:cn/1580W t ORDINANCE NO. 87 � i Page I CITY OF TIGARD, OREGON ORDINANCE NO. 87-_2 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-08) (GRABHORN) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987, to consider the annexation request and to consider zoning and plan designations for the property; and WHEREAS, on June e, 1987 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district and plan designations recommended by the Planning staff as set forth in Section 1 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 MAINS AS FOLLOWS: Section 1: The recommendation of the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 1S1 33A 301 Wash. Co. R-24 City of Tigard R-25 ISI 33DB Wash. Co. R-24 City of Tigard R-25 Curr(n� Paan Designation Proposed Plan Designation Wash. Co. R-24 Medium High Density Residential Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By u nArp m ou5 vote of all Council members present after being read by number and title only, this day of .' i►n�� 1987. be -eemj '""4444944b- ine CWheatley, Deputy Recorder APPROVED: This day of i 1987. �. DR:cn/3243P Thomas M. Brian, Mayor a ORDINANCE NO. 87-.C� Page 1 r- CITY OF TIGARD, OREGON ORDINANCE NO. 87-_Q9 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-12) (VENTURA COURT) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987, to consider the annexation request and to consider zoning and plan designations for the property; and WHEREAS, on June 8, 1987 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district and plan designations recommended by the Planning staff as set forth in Section 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 1S1 34DA 3500 Wash. Co. R9 City of Tigard R-12 iS1 34DA 3600 Wash. Co. R9 City of Tigard R-12 1S1 34DA 3700 Wash. Co. R9 City of Tigard R-12 1S1 34DA 3800 Wash. Co. R9 City of Tigard R-12 1S1 340A 3900 Wash. Co. R9 City of Tigard R-12 1S1 34DA 4000 Wash. Co. R9 City of Tigard R-12 1S1 34DA 4100 Wash. Co. R9 City of Tigard R-12 1S1 34DA 4200 Wash. Co. R9 City of Tigard R-12 1S1 34DA 4300 Wash. Co. R9 City of Tigard R-12 Comprehensive Plan Designation: All Tax lots Medium Density Residential Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By U?7ctn (noI-PS vote of all Council members present after being read by number and title only, this �f� day of �)���w _ 1987. Loreen-R City Recorder ("ATN£R`LNc InlHt:p APPROVED: This day of / 1987. C DR:cn/3241P Thomas M. Brian, Mayor ORDINANCE NO. 87- Page 1 a } CITY OF TIGARD, OREGON ORDINANCE NO. 87-aG C AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-10) (217) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987, to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on June 8, 1987 the City Council approved a resolution forwarding 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 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 1S1 35AC 100 Wash. Co. R9 City R12 1S1 35AC 1700 Wash. Co. R9 City R12 1S1 35AC 2300 Wash. Co. R9 City R12 1S1 35AC 2400 Wash. Co. R9 City R12 ISI 35AC 2500 Wash. Co. R9 City R12 1S1 35AC 2600 Wash. Co. R9 City R12 1S1 35AC 2700 Wash. Co. R9 City R12 1Si 35AC 4600 Wash. Co. R9 City R12 1S1 35AC 4700 Wash. Co. R9 City R12 1S1 35CA 101 Wash. Co. R5 City R12 1S1 35CA 102 Wash. Co. R5 City R12 1S1 35CA 103 Wash. Co. R5 City R12 1Sl 35CA 200 Wash. Co. R5 City R12 1S1 35CA 201 Wash. Co. R5 City R12 1S1 35CA 202 Wash. Co. R5 City R12 1S1 35CA 203 Wash. Co. R5 City R12 1S1 35DB 8500 Wash. Co. R5 City R12 1S1 35DB 8600 Wash. Co. R5 City R12 1S1 35DA 2600 Wash. Co. R5 City R12 1S1 350A 2601 Wash. Co. R5 City R12 1S1 35DA 2602 Wash. Co. R5 City R12 C 1S1 35DA 2603 Wash. Co. R5 City R12 ORDINANCE NO. 87—aC Page 1 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By U1) Y1iMUU.S vote of all Council members present after being read by number and title only, this 4--h day of /),k,A� 1987. i nreez njA.i sow City Rec rder CA7HERtrE WhP��t�,�cp�%t:�. APPROVED: This day of U 1q 1987. Thomas M. Brian, Mayor DR:cn/3223P ORDINANCE NO. 87— a Page 2 CITY OF TIGARD, OREGON ORDINANCE NO. 87-3D AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-11) (SCARRATT) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on June 8, 1987 to consider the annexation request and to consider plan and zoning designations for the property; and WHEREAS, on June 8, 1987, the City Council approvefor -warding a resolution fowarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the plan and zoning district designations recommended by the Planning staff as set forth in Section 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 1S1 35DB 8300 Wash Co. R-5 City of Tigard R-4.5 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By UllGenimyu5 vote of all Council membersa ent after being read by number and title only, this Vt day of tAAn f 1987. Lviivn-*-. -algin, City Recorder CATNcelA e tnlh&A1L6y,, &o pL, `J APPROVED: This =1 day of 1987. Thomas M. Brian, Mayor DR:sb/3228P RESOLUTION NO. 87-3-0 Page 1 i .f a ty CITY OF TIGARD, OREGON r ORDINANCE NO. 87-3 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-09) (108TH) AND DECLARING AN EFFECTIVE DATE. r WHEREAS, the City Council held a public hearing on June 8, 1987 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on June 8, 1987 the City Council approved a resolution forwarding 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 1 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 the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. Tax Map/Tax Lot Number Current Zoning Proposed Zoning 2S1 15AA 100 Wash. Co. R-24 City of Tigard R-25 2S1 15AA 200 Wash. Co. R-24 City of Tigard R-25 2S1 15AA 300 Wash. Co. R-24 City of Tigard R-25 2S1 15AA 400 Wash. Co. R-24 City of Tigard R-25 2S1 15AA 500 Wash. Co. R-5 City of Tigard R-4.5 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By A/1Cttii m u u n vote of all Council members present after being read by number and title only, this ��' day of �10NL L,_ 1987. bereen R.Wileen, City Recorderu o4) CRmeR V WheAsl-cy DrP�ry ) APPROVED: This day of 0AiA- 1987. Thomas M. Brian, Mayor C JA:cn/3237P ORDINANCE NO. 87- Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 87 AN ORDINANCE TO AMEND CHAPTER 18.84 AND SECTIONS 18.160.020, 18.94.040 AND 18.26.030 OF THE COMMUNITY DEVELOPMENT CODE AS THEY PERTAIN TO SENSITIVE LANDS (ZCrt 87-01), AND DECLARING AN EMERGENCY. WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City was required by the Federal Emergency Management Agency to bring its floodplain ordinance provisions into compliance with National Flood Insurance Program requirements; and WHEREAS, the planning staff made recommendation of findings to the City of Tigard Planning Commission on April 7 and May 5, 1987 at public hearings; and WHEREAS, the Planning Commission voted to recommend approval of ZOA 87-01 at its meeting on May 5, 1987; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on June 8, 1987. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section is The Community Development Code shall be amended as shown in Exhibit "A". Language to be added is UNDERLINED. Language to • be deleted is shown in [BRACKETS]. Section 2: That this Ordinance shall be effective immediately after its passage by the Council and approval by the Mayor. PASSED: By tinct n i mDus vote of all Council membeg present after being read by number and title only, this day of ..�1�� D 1987. vX LAr &QQ_ CitynCd Catherine Nheatley,Deputy Recorder APPROVED: This S-4 day of 1987• Thomas M. Brian, Mayor C (DAS:cn/3204P) ORDINANCE NO. 87,�3P, Page 1 xh; b i9.84 SENSITIVE LANDS Q18.84.010 Purpose (a) Sensitive Lands are lands potentially unsuitable for development because of their location within the 100—year floodplain, within natural drainageway, on steep slopes or on unstable ground. (b) Sensitive land areas are designated as such to protect the public health, safety and welfare of the community through the regulation of these sensitive land areas. LCI Sensitive Lands requlations contained in this Chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats and preserving scenic quality and recreational potentials. [(c)](d) Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Develbpment on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacent to areas designated as significant wetlands on the Floodplain and Wetlands Map within 25 feet of the designated wetlands area. [(d)]JeJ Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code. [(f)7Lc1J The regulations of this Chapter are intended to implement the Comprehensive Plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching uses and to maintain the September 1981 zero—foot rise floodway elevation. The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1 1981, with accompanying Flood Insurance Maps (updated February, 1984) is hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study is on file at the Tigard Civic Center. When base flood elevation data has not been provided in C accordance with Section 18.84.010(f), the Director shall obtain, review and reasonably utilize any base flood elevation and ZOA 87-01 FEMA CHANGES — PAGE 1 floodway data available from a Federal State or other source in order to administer Sections 18.84.026(h) and (i) City actions under this Chapter will recognize the rights of riparian owners to be free to act on the part of the City, its commissions, representatives and agents, and land owners and occupiers. 18.84.015 Applicability of Uses - Permitted Prohibited and Nonconforming (a) Except as provided by subsection (b), the following uses shall be outright permitted uses within sensitive land areas: (1) Accessory uses such as lawns, gardens or play areas; (2) Agricultural uses conducted without locating a structure within the sensitive land area; (3) Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; (4) Public and private conservation areas for water, soil, open space, forest and wildlife resources; (5) Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; (6) Maintenance of floodway, excluding rechanneling; and (7) Fences, except in the floodplain area. (b) The following uses and activities are permitted only by a Sensitive Lands permit granted by the Hearings Officer except as provided by 3(A) and (B); (1) A land form alteration or development within the 100-year floodplain; (2) A land form alteration or development on slopes of 25% or greater and unstable ground; (3) Land form alteration or development within a drainageway where there is year round water flow, unless: (A) The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan as prepared by Ch2M Hill; or (B) The land is not proposed to be partitioned, subdivided or developed. (4) Application pursuant to subsection 3 (A) and 3 (B) shall be approved by the Director. ZOA 87-01 FEMA CHANGES - PAGE 2 (c) Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. (d) A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming uze. Nonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code. Jej A Sensitive Lands Permit approval shall be obtained before construction or development begins within any area of special flood hazard or drainageway as established in 18.84.015 _(b) and (c) above The permit shall apply to all structures including manufactured homes. 18 84 020 Administration and Approval Process (a) The applicant for a Sensitive Lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. (b) A Pre--Application conference with City staff is required. See Section 18.32.040. (c) Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre—Application Conference is valid for not more than 6 months. (1) Another Pre—Application Conference is required if any variance application is submitted more than 6 months after the Pre—Application Conference. (2) Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the application. (d) The Hearings Officer shall approve, approve with conditions or deny an application for Sensitive Lands permit as set forth in Section 18.84.015 (b)(1)(2)(3), excluding subsections (b)(3)(A) and (3)(B). The Hearings Officer's decision may be reviewed by the Council as provided by 18.32.310(b). (e) The Director shall approve, approve with conditions or deny an application for a Sensitive Lands permit as set forth in Sections 18.84.015(b)(4). The decision made by the Director may be appealed to the Planning Commission as provided by 18.32.310(a). The appropriate approval authority shall review all Sensitive Lands Permit applications to determine that all necessary permits shall be obtained from those Federal, State or local governmental agencies from which prior approval is also required. C ZOA 87-01 FEMA CHANGES — PAGE 3 Lq)_ The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. The Director shall require that maintenance is providedwithin the altered and relocated portion of said watercourse so that the flood carrying capacity is not diminished. [(f)](i) The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 of this Chapter when reviewing an application for a Sensitive Lands permit. [(g)]S_ij The Director shall give notice of applications to be heard by the Hearings Officer as provided by 18.32.130. [(h)]Jkj The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under 18.32.120. 18.84.025 Maintenance of Records �Al Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement. For all new or substantially floodproofed structures, the Building Official shall: • 1) verify and record the actual elevation (in relation to mean sea level), and maintain the floodproofing certifications required in this Chapter. For all new or substantially floodproofed structures, the Director shall: Maintain for public inspection all other records pertaining to the provisions in this Chapter. 18.84.026 General Provisions fal All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. ZOA 87-01 FEMA CHANGES — PAGE 4 (c) Electrical heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or Cotherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system in accordance with the Uniform Building Code and the Uniform Plumbing Code. All new construction all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters ;into the systems and discharge from the systems into flood waters; and Lq). On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. L2Z Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to j automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subiect to flooding shall be provided. ii The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Nonresidential Construction It New construction and substantial improvement of any commercial industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities; shall: ZOA 87-01 FEMA CHANGES - PAGE 5 be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans Such certifications shall be provided to the official as set forth in Section 18.84.025(b)_. iv Nonresidential structures that are elevated, not floodproofed must meet the same standards for space below the lowest floor as described in 18.84.026(h)(2). Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the base flood level will be rated as one foot below that level) . 18 84 030 Expiration of Approval - Standards of Extension of Time (a) Approval of a Sensitive Lands permit shall be void after one year: (1) Unless substantial construction of the approved plan has begun within one year period; or (2) If construction on the site is a departure from the approved plan. (b) The Hearings Officer shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: (1) No changes are made on the original plan as approved by the Director; (2) The applicant can show intent of initiating construction of the site within the six-month extension period; and (3) There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was basad. (c) The decision of the Hearings Officer may be reviewed by the Council as provided by 181.32.310(b). ZOA 87-01 FEMA CHANGES - PAGE 6 r. t 18 84 040 Approval Standards C (a) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request within the 100—year floodplain; (1) Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero—foot rise floodway shall not result in any narrowing of the floodway boundary. (2) The land form alteration or development within the 100—year floodplain shall be allowed only in an area designated as commercial or industrial on the Comprehensive Plan Land Use Map; (3) The land form alteration or development is not located within the floodway; (4) The land form alteration or development will not result in *any increase in the elevation of the zero—foot rise floodway; (5) The land form alteration of development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; (6) The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; (7) The land within the 100—year floodplain boundary which remains after development shall be dedicated to the public. (b) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit on slopes of 25% or greater or unstable ground: (1) The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the uses; (2) The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on—site and off—site effects or hazards to life or property. (3) The structures are appropriately sited and designed to ensure structural stability and proper drainage of Cfoundation and crawl space areas for development with any ZOA 87-01 FEMA CHANGES — PAGE 7 of the following soil conditions; Wet/high water table; high schrink-swell capability; compressible/organic; and `. shallow depth-to-bedrock; *and (4) Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.100 (LANDSCAPING AND SCREENING). (c) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within draiinageways: (1) The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the uses; (2) The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability or other adverse on-site and off-site effects or hazards to life or property; (3) The water flow capacity of the drainageway. is not decreased; and (4) Where natural vegetation has been removed due to land form alteration or the development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.100 (LANDSCAPING AND SCREENING). (d) The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways; (1) The extent and nature of the proposed land form alteration will not create site disturbances to an extent greater than that required for the uses; (2) The proposed land form alteration will not result in erosion, stream sedimentation, ground stability or other adverse on-site and off-site effects or hazards to life or property; (3) The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan as prepared by CH2M Hill; and C (4) The land on which the alteration is to take place will not be partitioned, subdivided or developed as a part of this application request. ZOA 87-01 FEMA CHANGES - PAGE 8 The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; and The land on which the alteration is to take place will not be partitioned, subdivided or developed as a part of this application request._ 18 81 045 Exceptions for Development in the 108th/113th Ravine Significant Wetlands Area below the 104' Elevation Under the Sensitive Lands Permit process, the . Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. (1) All of the land (within the ravine) being considered for development is at less than 25% slope. (2) There are no unstable soil conditions on the land being considered for development. (3) The provisions of Chapter 18.150 TREE REMOVAL shall be met. 18 Q4 050 Application Submission Requirements (a) All applications shall be made on forms provided by the Director and shall be accompanied by: (1) Five copies of the Sensitive Lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, and (A) The site plan(s) and required drawings shall be on sheets not exceeding 18" x 24"; and (8) The scale for the site plan(s) shall be 20, 50 or 100 feet to the inch. (C) All drawings or structure elevations or flood plans shall be a standard architectural scale, being 1/4" or 1/8" to the foot. (2) A list of the names and addresses of all persons who are property owners of record within 250 feet of the site. (3) The required fee. (b) The required information may be combined on one map. (c) The site plan(s), data and narrative shall include the following: C (1) An existing site conditions analysis, Section 18.84.070; ZOA 87-01 FEMA CHANGES — PAGE 9 (2) A site plan, Section 18.84.080; C (3) A grading plan, Section 18.84.090; (4)- A landscaping plan, Section 18.84.100 18.84.060 Additional Information Required and Waiver of Requirements (a) The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.080 (a). (b) The Director may waive a specific requirement for information in accordance with Section 18.32.080 (b) and (c). 18.84.070 Site conditions (a) The site analysis drawings shall include: (1) A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations; (2) The site size and its dimensions; (3) Contour lines at 2-foot intervals for grades 0-10% and 5-foot intervals for grades over 10 percent; (4) The location of drainage patterns and drainage courses; (5) The location of natural hazard areas including: (A) Floodplains areas (100-year floodplain and floodway); (B) Slopes in excess of 25%; (C) Unstable ground (areas subject to slumping, earth slides or movement); (D) Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year; (E) Areas having a severe soil erosion potential; or as defined by the Soil Conservation Service; (F) Areas having severe weak foundation soils. (6) The location of resource areas as shown on the Comprehensive Plan inventory map including: (A) Wildlife habitat; and C (B) Wetlands. ZOA 87-01 FEMA CHANGES - PAGE 10 (7) The location of site features including: C. ' (A) Rock outcroppings; and (B) Trees with 6" caliper or greater measured 4 feet from ground level. (8) The location of existing structures on the site and proposed use of those structures. 18.84.080 The Site Plan (a) The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: (1) The proposed site and surrounding properties; (2) Contour line intervals (see Section 18.84.070 (a)(3); (3) The location, dimensions and names of all: (A) Existing and platted streets and other public ways and easements on the site and on adjoining properties; and (B) Proposed streets or other public ways and easements on the site. (4) The location and dimension of: (A) The entrances and exits on the site; (8) The parking and traffic circulation areas; (C) Loading and services areas; (D) Pedestrian and bicycle facilities; (E) Outdoor common areas; and (F) Above ground utilities. (5) The location, dimensions and setback distances of all: (A) Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature. (B) Proposed structures, improvements and utilities on the site. (� (6) The location of areas to be landscaped; and (7) The concept locations of proposed utility lines. ZOA 87-01 FEMA CHANGES — PAGE 11 18.84.090 Grading Plan �- (a) The site plan shall include a grading plan which contains the following information: (1) Requirements in Sections 18.84.070 and 18.84.080 of this Chapter. (2) The . location and extent to which grading will take place indicating contour lines, slope ratios and slope stabilization proposals. (3) A statement from a registered engineer supported by factual data substantiating: (A) The validity of the slope stabilization proposals; (B) That other off—site problems will be mitigated; (C) Stream flow calculations; (D) Cut and fill calculations; and ,(E) Channelization measures proposed. 18 84.100 Landscape Plan (a) The landscape plan shall be drawn at the same scale of the Site Analysis plan or a larger scale if necessary and shall indicate: (1) Location and height of fences, buffers and screenings; • (2) Location of terraces, decks, shelters, play areas and common open spaces, where applicable; and (3) Location, type and size of existing and proposed plant materials. (b) The landscape plan shall include a narrative which addresses: (1) Soil conditions; and (2) Erosion control measures that will be used. OTHER CODE AMENDMENTS 18.160.020 (General Provisions for Subdivisions) All subdivision proposals shall be consistent with the need to minimize flood damage. ZGA 87-01 FEMA CHANGES — PAGE 12 Lq) All subdivision proposals shall have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize flood damage. Jhl All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Where base flood elevation has not been provided or is not available from another authoritative source it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less) . 18.94.040 (Manufactured Homes on Individual Building Lots) [(3) The home shall be attached and anchored to a permanent foundation in conformance with the regulations adopted by the Oregon Department of Commerce and with manufacturer's installation specification;] J31 All manufactured homes to be placed or substantially improved shall• be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately_ anchored foundation system in accordance with the provisions of subsection 18 160 020(1)(2), regulations adopted by the Oregon Department of Commerce and with the manufacturer's installation specifications. 18.26.030 (Meaning of Specific Words and Terms) Base Flood. The flood having a one percent chance of being equalled or exceeded in anv given year. Also referred to as the "100-Year flood." Floodway. The normal stream or drainage channel and what adjoining area of the natural floodplain needed to convey the waters, and including the O-foot rise floodway area defined by the U.S. Corps of Engineers Flood Insurance Study, February, 1984. Floodways must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: M before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not, however, include either: ZOA 87-01 FEMA CHANGES - PAGE 13 any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (DAS:cn/3204P) ZOA 67-01 FEMA CHANGES — PAGE 14 p.. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council June 1, 1987 FROM: Cathy Wheatley, Deputy Recorder OD SUBJECT: Study Session - Council Meeting of June 8, 1987 The Study Session for June 8 is scheduled to begin at 6:30 p.m. Time has be reserved then to go over with staff the following topics set for the agenda: 1. Annexations - Policy Issue 2. 135th & Murray LID - Overview by Staff of Packet Material 3. Sensitive Lands - Overview by Staff of Packet material. cw DATE June 8, 1987 I wish to testify before the Tigard City Council on the foilowing'item: (Please print the information) Item Description: AGENDA ITEM NO. 4 PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 87-07A GOLDEN KEY ISLAND Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM N0. 5 Public Hearing - Zone Change Annexation - ZCA 87-07B Golden Key Right-of-Way/Council Initiated Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation C DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 6 Public Hearing - Zone change Znnexation - ZCA 87-06 Beck Annexation - NPO #3 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation . M1 t DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No 7 Public Hearing Zone Change Annexation - ZCA 87-08 Grabhorn Island - NPO #7 Proponent (For Issue) Opponent (Against Issue) Name**Address*and*Affiliation Name, Address and Affiliation OS S �Z Sd rW 'C'�Gh29 l�N 0� =t DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 8 Public Hearing - Zone Change Annexation - ZCA 87-12 Ventura court Island, - NPO #7 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No 9 Public Hearing Zone Change Annexation - ZCA 87_-10 - Hwy 217 Council Initiated - NPO #2 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affilia o Name, Address and Affiliation 2 � -761 2 Z 3 Z DATE June 8, 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Descripi:i�n: Agenda Ttem Nn 10 Public Hearing Zone Change Annexation - ZCA 87-11 Scarratt, NPO #2 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation n 'z t DATE June 8, 1987 I wish to testify befoTigard theCity information) the following item: (Please print Item Description: A ends Item No. 11 Public Hearing - Zone Change Annexation - ZCA 87-09 108th - Council Initiated - NPO #2 *opponent**(Against*issue) Proponent (For Issue) ******** ************* ******** **** *Name,*Address*and*Affiliation ******* Name, Address and Affiliation Date U' I f before the Tigard City Council on I wish to testify s AGENDA ITEM NO. 12 PROPOSED 135th/MURRAY BLVD LID 0 (Please print.) Please sign in below where appropriate. .x•x-�•x�-x-x�x-x�•x-xx-�t-x-x-x-x-x-x-x�-xat-x-x-x�t-x-x�-x-x-�t-x-xxx xx-x-xx-xat-x-x x-x-x-x-x-x-xat-x-x-x-3c xat-xat-x•x-�x-x-x-x-x�t-x-x-�t-x-�x Persons in Support of: Persons in Support of: OPTION "A„ OPTION "B" 135th & Murray Blvd. 135TH Only $860/Household $958/household Kk_v_xv_v i.x?I}f?��4xx?tx1H(x�txxf()fI(�Exxxxxxxxxxx X.x-X.X."X.x.XX.H •x-xx-x-xx-xx-x-xx-xX*X*X-X*.X-H*XXX-K-x-X* Name and Address Name and Address t�6 t .Sv✓ Swe►, ht,�, z S o S w 1-3 S f�i er a� -rj 42Sb S�T.yard � IhN�Q�J y T � h � �b�-lana q-`Qh / V DATE June 8. 1987 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 13 Public Hearing - Zone Ordinance Amendment - ZOA 87-01 Sensitive Lands Proponent (For Issue) opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation r s• ten je ✓A v we x cif CJ- �•+ N N C7 � Z a } H � d M F- 6 c m p�p •0+ 'O U 3 O m to H c c `H H � UU .s gr LL H 2 dT) i.) 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CL •.. o x am L n J 'O n F- n U %0 m U �D n F- T d 1� ra 3 .0 ( c a F- F- r n N N E a a N CD CL V z� O HHS rL6 ~ NM 3 1 N ¢ rY 0 a 0 0 O > w 7K W W 4I m MEMORANDUM 3` CITY OF TIGARD, OREGON T0: Mayor and City Council June 5, 1987 FROM: Planning Staff / 7— SUBJECT: SUBJECT: 6/8 Annexation Hearings Summary As you are all aware there are several methods by which territory can be annexed into the City. The most common method used in the past was the triple majority method. Since challenges were filed in the courts recently, we will not be proposing utilization of that method until and when those challenges are resolved. The primary methods staff will be using in the near future are called the "ISLAND" method and "COUNCIL INITIATED" method. Either of these processes can also be "EXPEDITED" so there are four possible methods available. To assist you in better understanding these alternatives, I have t s outlined the differences below: R ISLAND_ - This method requires that a resolution be adopted by the Council in F order for the proposal to proceed so it is, in a sense, Council initiated. ORS (222.750) allows the "ISLAND" method to be used when property is surrounded by the corporate boundaries of the City. Property owner consent is not required under this method and there is no remonstrance or election option. COUNCIL INITIATED - This method allows the legislative body to adopt a resolution to forward the proposal for annexation to the Boundary Commission. Under this method there is actually no requirement that the territory under consideration for annexation be contiguous to the current City limits. Property owner consent is not required under this method and there is an electio• -;-tion through the remonstrance procedure. EXPEDITED ISLAND OR COUNCIL INITIATED - ORS 199.466 authorizes approval of an annexation proposal without the necessity of a public hearing before the Boundary Commission or adoption of a final order. This procedure is intended for routine or non-controversial proposals. This procedure could take more time than the regular process since a public hearing and study can be requested by any Boundary Commission member or other authorized person (property owner, affected service provider) up to 25 days from the date the request is made. However, if no hearing is requested the proposed annexation is considered approved 25 days after it is submitted. To further prepare you for tonight's public hearings, I have listed each annexation, the method of annexation proposed and the estimated population. Q. AGENDA ITEM 4 ZCA 87-07A Golden Key Expedited Island (owner ok's) No P.H. at B.C. estimated population: 113 unless requested no remonstrance. 5 ZCA 87-07B Golden Key ROW Expedited Council Initiated, (Owner ok's) No P.H. at B.C. estimated population: 0 unless requested remonstrance 6 ZCA 87-06 Beck Expedited Council Initiated at (owner requested) property owners request, estimated population: 2 No P.H. at B.C. , remonstrance 7 ZCA 87-08 Grabhorn Island Annexation w/ estimated population: 0 P.H. at B.C. , no remonstrance 8 ZCA 87-12 Ventura Court Island Annexation w/ estimated population: 16 P.H. at B.C. , no remonstrance 9 ZCA 87-10 Hwy. 217 Area Island Annexation w/ estimated population: 36 P.H. at B.C. , no remonstrance 10 ZCA 87-11 Scarratt Expedited Island (owner does not object) No P.H. at B.C. es�imaLed population: 3 unless requested no remonstrance 11 ZCA 87-09 108th Avenue Island Annexation w/ estimated population: 6 P.H. at B.C. no remonstrance. . . Total estimated population: 176 EAN:cn/1690W VolO*7 4# Zo m L L R�Kt.E ° 1-►t i l I I J i I I owm+INc is j 1.1 ���°:I!�°i!�� t�t�i�s1i�17°l11° s1i�b}t r1°,afs °1r�s1t ala�sfT s°mass tp/1s NATE: IF THIS MICROFILMED LESS CLEAR THAN ) - THIS NOTICE, IT IS DUE TO THE QUALITY OF TFE ORIGINAL DRAWING oe sz sz a az sz_>z a zz fz oz si of[i si-s'r` b° el -21--1i-___-6 8 _ `--9—s,-----� - _e_ .._z I� , anCwdau�wdsMs�uul+u+l±a�eltiu�an �utf � r ,-_ - MARCH 1 1 9 I _ _ 7 VELOPMENT auk tit �WFPI p''IF Ea FiR "mom I '1 fir- -� -4, nNg 536 Ira wh �Ef. ...... ---------- 1 4 5 7 0 0 �o 12 AV tris xmta.1*Is 20 X .1— MARCH 7 121990 IF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June• 8, 1987 DATE SUBMITTED:: i lay 21, 1987 ISSUE/AGENDA TITLE: ZCA 87-07A PREVIOUS ACTION: none Golden Key "A" PREPARED BY: Duane Roberts DEPT HEAD OKf4 TY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a 2.44 acre annexation of land located at 9050 SW Scholls Terry Road, Tigard. INFORMATION SUMMARY The property is an island of unincorporated territory within the City. Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal . FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $180.00 for an annexation of 2-5 acres . For the same reason, the standard City zone change application fee of $500.00 for a zone change annexation of less than five acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. (DR:sb/3215P) STAFF REPORT AGENDA ITEM JUNE 8, 1987 — 7:00 P.M. TIGARD CITY VUINICIL TIGARD CITY HALL — TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-07A Zone Change Annexation REQUEST: A request to annex 2.44 acres into the City of Tigard and assign plan and zone designations to the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING iSl 26BC 1700 Wash. Co. R-25+ City of Tigard R-40 COMPREHENSIVE PLAN DESIGNATION: CURRENT PLAN PROPOSED PLAN TAX MAP/TAX LOT NUMBER PLAN DESIGNATION DESIGNATION ZCA 87-07A Wash. Co. R-25+ City of Tigard High Density Residential APPLICANT: City of Tigard OWNER: Golden Key Associates 5210 SE 26th Ave. Portland, OR 97202 LOCATION: The property is located between Washington Square Mall and Embassy Suites Hotel at 9050 SW Scholls Ferry Road. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information The property is bounded on the east by three roads running side by side: Washington Square frontage road, Scholls Ferry Road and Highway 217. The property to the east is vacant but is scheduled for commercial development. Commercial development exists to the south of the subject property. The property to the immediate north is vacant and is zoned C—G. 4. Site Information and Proposal Description There is an existing 83 unit apartment building located on the tax lot. The land is relatively flat. STAFF REPORT — ZCA 87-07A — PAGE 1 5. Agency and NPO Comments None of the responding agencies offered comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1 and 10.1.2 and Chapter 18.136 and Chapter 18. 138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's ; proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as an "established area" on the Development Standards ARea Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-07A subject to the following conditions: 1. The property shall be designated as an "established area" on the Development Standard Areas map. 2. Any development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Duane Roberts APPR D BY: William A. Monahan Administrative Planner Director of Community Development (DR:sb/3215P) C STAFF REPORT — ZCA 87-07A — PAGE 2 Ron S .■ ■���. 11���� r tl ■ MENCRESCENT GROVE ` � ® 111� CIIIII■■ . 1III■■ swim ■1111�� ®111111 ■ 1111111 ■1111® IN 00 11 INN f in111"� milli/� ■ /■■1�1�IN now a1�� ERIC HE Hill -( � _ ter■ �® 1 �� ■ OUR Willi 1 � ■ ■■1 � C" ■111 11 a :1l 11■11 '. � � �1� ■111 , � 1111�� ���■,� \ �1� - = in ■ - �� �■ ..111 1 �� /1• .'� r .�� o r_ okuwp r ` �► ■■ �� rte` AM .s_ M � � �J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/8/87 DATE SUBMITTED: 5/21/87 ISSUE/AGENDA TITLE: ZCA 87-078 PREVIOUS ACTION: None _ PREPARED BY: Duane Roberts D� PTHEAD OK :` CITY ADMIN OK REQUESTED BY: LICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a 0.25 acre annexation of land bounded on four sides by Scholls Ferry Road, Washington Square frontage road, and Highway 217 off ramp. INFORMATION SUMMARY The property is an area of unincorporated territory adjacent to the current City limits. A letter from one of the property owners supporting the annexation is attached. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $90 for an annexation of one acre or less. For the same reason, the standard City zone change application fee of $500 for a zone change annexation of less than five acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign the plan and zone designations to the property in conformance with the Comprehensive Plan. DR:cn/3224P C { 4 STAFF REPORT AGENDA ITEM JUNE 8, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-07B Zone Change Annexation REQUEST: A request to annex 0.25 acres into the City of Tigard and to assign plan and zone designations to the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: ZONING DESIGNATION: TAX MAP/TAX LOT NUMBER CURRENT _ZONING PROPOSED_ ZONING 1S1 26BC 1700 Wash Co. R-25+ City of Tigard R-40 Portion west of Washington Square frontage road COMPREHENSIVE PLAN DESIGNATION: CURRENT PLAN PROPOSED PLAN TAX MAP/TAX LOT NUMBER DESIGNATION DESIGNATION iSl 26BC 1700 Wanh Co. R-25+ High Density Residential APPLICANT: City of Tigard OWNER: Golden K26thssociates 5210 SE Avenue Portland, OR 97202 nded on our sides LOCATION: byeSchollstFerry Road, Washington Squarey is a traffic island f frontage road, and Highway 217 off ramp. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information The property is bounded on four sides by roads and road right-of-way. The property to the east is occupied by an eighty-three unit apartment building. To the north is another traffic island. The property to the south is commercial development. Scholls Ferry Road and Highway 217 lie to west. 4. Site Information and Proposal Description The property is a vacant traffic island. The ground cover is dense grass. The land slopes to the west. STAFF REPORT - ZCA 87-07B - PAGE 1 5. Agency and NPO Comments Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1 and 10.1.2 and Chapter 18.136 and Chapter 18.138 of the Community Development Code. The Planning staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as an "established area" on the Development Standards Area Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning staff recommends approval of ZCA 87-0713 subject to the following conditions: 1. The property shall be designated as an "established area" on the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Duane Roberts APPROVED BY. William A. Monahan Administrative Planner Director of Community Development (� (DR:cn/3224P) STAFF REPORT - ZCA 87-07B - PAGE 2 ' � + " 11111■i 1 ■ ' W4 _ Moll TM rr■���rim ;11 f. �1 Oad .� ♦ ■ Am ' "Mill ■ , iii �� =` �® ' t� , w �' �"■ol�� . f�.�will, �■Its CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8_1987 DATE SUBMITTED: May 4, 1987 ISSUE/AGENDA 'TITLE: ZCA 87-06 — _ PREVIOUS ACTION: None Beck Annexation PREPARED BY: John Acker DEPT HEAD OK ITY ADMIN OK REQUESTED BY: Jay & Nora Beck LICY ISSUE Should the City Council forward a 1.35 acre annexation of land located east of Fonner Street between Fonner Street and Genesis Loop to the Portland Metropolitan Area Local Government Boundary Commission. INFORMATION SUMMARY Attached is a letter from Jay Beck requesting that the City of Tigard initiate the annexation of 1.35 acres located at 11520 SW Fonner which he and his wife Nora have agreed to purchase. The Becks intend to build a single family home which, when annexed, can be connected to City sewer. Also attached is a resolution to forward the proposal to the Boundary Commission and an ordinance to zone the property R-4.5, in conformance with the Comprehensive Plan. All necessary fees will be paid by the Becks. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT The fees will be paid by Mr. and Mrs. Beck. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. C JA:sb/3234P �* Monday, May 4, 1987 Ms Elizabeth Newton/Sr.Planner City of Tigard PO Box 23397 Tigard,OR 97223 w Dear Ms Newton, I have made and offer to buy the property at 11520 SW Former (copy attached), and the current owner has accepted this offer. The offer gives me 30 days to determine that I can secure permission to annex this property to the city of Tigard for the purposes of hooking up to city sewer. I plan to use this property by constructing on it one single- family home for my family. The planned construction budget is about$250,000.00. This means that when construction is completed the property value will be nearly 5 times its current value. I propose making a connection to the current sewer system at a point directly in front of my current property (see attached diagrarO From this connection point, I would run a new line along my curent property's Western i. dary to serve the property I have made the offer on. Keith Wen,of the City of Tigard Planning office has already reviewed these ideas and indicates that this proposal is possible. I might add that the route of the new sewer line is completely clear of any surface obstructions and can easily be prepared for installation of the new pipe. I request that the City of Tigard initiate the process of property annexation so that the above mentioned property will become a part of the city of Tigard on or after o /91 ( On this date I will be the legal owner of this property). I further reque�t thit the City of Tigard aulhorize me to proceed with these plans via a written=ly E received within 30 days from date of this letter. Sincerely, JAJ Vr Beck 375 SW Erste Pl. (Lot#80,Gensis III) Tigard,OR 97223 639-9443 h 629-1485 w g 4 STAFF REPORT AGENDA ITEM JUNE 8, 1987 — 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL — TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-06 Zone Change Annexation — Beck REQUEST: A request to annex 1.35 acres into the City of Tigard and Zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 2S1 3AC 2600 Wash. Co. R-5 City of Tigard R-4.5 COMPREHENSIVE PLAN DESIGNATION: TAX MAP/TAX LOT NUMBER 2S1 3AC 2600 Low Density Residential APPLICANT: Jay W. & Nora C. Beck OWNER: Claude I. & Patricia M. th 11375 SW Erste Place 11520 SW Fonner Street Tigard, OR 97223 Tigard, OR 97223 LOCATION: The property is located east and south of Fonner Street and north of Genesis Loop, at 11520 SW Fonner. 2. Background Information The applicant has entered into an agreement to purchase the property from the owner contingent upon annexation of the property into the City of Tigard. No other actions have been filed for land use action for the subject property. 3. Vicinity Information The property is bounded on the north, south, east and west by large lot single family development. The southeast corner abuts a medium density residential area zoned Tigard R-4.5. 4. Site Information and Proposal Description There is an existing single family home on the west side of Tax Lot 2600, fronting on SW Fonner Street. The property is cleared and the eastern portion is presently being used for a large garden. The land rr slopes to the south and east. P STAFF REPORT — ZCA 87-06 — PAGE 1 5. Agency and NPO Comments No written comments had been received at the writing of this report. �. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 10. 1.2 and Chapter 18.136 and Chapter 18.138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land is not classified as buildable as defined by OAR 660-07-000 and shall be designated as "Established Area" on the Development Standards Area Map, C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-06 subject to the following conditions: 1. The property shall be designated as an "Established Area" on the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPA D B John Acker APPROVED BY: William A. Monahan Assistant Planner Director of Community Development (JA:cn/3235P) C STAFF REPORT — ZCA 87-06 — PAGE 2 �� I �j t ���_ ��i■■■■■ \ :fes i mass Ml . �r° � :. � �� � ■ X111 © _:.I �11111111111►�:Ir ■■■■■wp � Jm .y .000 MARY WOODWARD Min Now .■.r��3■■■ca■■ i�Iii��: �ii� �� �� ■ � �� _ .n�� !!�■����■ ■ fes '. inn Mr WE nor t ���q•• FIs . ■� � -_ ;I,��� � ♦ ��!�.� � ■ ■ X11111/� � _ �.� � ♦ � , . ■ �J��l /�1 tt.JFAA Sol MENEM - ��i�� �'�!�■/;/ � � ���►i�� ■ 11111 =��■► . � - won 4w FEW . �er� •► •►I . - �� X11 �. �i • ♦ Ir► INNERNONE ♦ .... INN ME law SE al WWI IN" oil 7■� : �, v "" �%� INE 1Is Bosoms - mom _' -■ SIE '� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: lune 8 1987 DATE SUBMITTED: May 27, 1987 ISSUE/AGENDA TITLE: ZCA 87-08 PREVIOUS ACTION: none LDEPT horn Island PREPARED BY: Duane Roberts HEADOK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Governmnt annexation SchollseFerryo Road, SWo135th, Brittany Square mmission a 35.79 eII and Summer Lake a nd bounded by LakeSubdivis on. INFORMATION SUMMARY The property is an island of unincorporated territory within the City. Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $720.00 for an annexation of 30-40 acres. For the same reason, the standard City zone change application fee of $600 for a zone change annexation of more than 5 acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. DR:cn/3243P i STAFF REPORT AGENDA ITEM JUNE 8, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-08 Zone Change Annexation (Grabhorn Island) REQUEST: A request to annex 35.79 acres into the City of Tigard and zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 1S1 33A 301 Wash Co. R-24 City of Tigard R-25 SS1 33DB Wash Co. R-24 City of Tigard R-25 COMPREHENSIVE PLAN DESIGNATION: 1S1 33A 301 Medium High Density, 13-20 units/acre 1S1 33DB APPLICANT: City of Tigard OWNER: Lucinda Grabhorn 13125 SW Hall Route 1, Box 844 Tigard, OR 97223 Beaverton, OR 97005 LOCATION: The property is bordered on two sides by Scholls Ferry Road and SW 135th Avenue. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information The property is bounded on the north and south by subdivision development. The property to the east is large lot single family development. The property adjoining the east property line includes a church, two large single family lots, subdivision development and floodplain and timberland. 4. Site Information and Proposal Description The northern portion of the territory is a wheat field. The southern portion is floodplain and timberland. The land slopes to the south. i 5. Agency and NPO Comments No written comments had been received at the writing of this report. STAFF REPORT - ZCA 87-08 - PAGE 1 s 5. Agency and NPO Comments Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 10.1.2 and Chapter 18.136 and Chapter 18.138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based S upon the findings noted below: a. Plan Policy 2.1. 1 is satisfied because the Neighborhood Planning 1 Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1 .2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban j Planning Area. i The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18. 136 is met because the applicant has met all of the approval standards. i b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as an "established area" on the Development Standards Area Map. € C. RECOMMENDATION i Based upon the above findings and conclusions, the Planning Staff j recommends approval of ZCA 87-12 subject to the following conditions: 1. The property shall be designated as an "established area" on the Development Standard Areas map. 2. Any additional development on the property shall be reviewed and approved by the City of Tigard. t w PREPARED BY: Duane Roberts APPROVED BY: William A. Monahan Administrative Planner Director of Community Development (DR:cn/3241P) C_ i STAFF REPORT — ZCA 87-12 — PAGE 2 j I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8, 1987 DATE SUBMITTED: May 27, 1987 ISSUE/AGENDA TITLE: ZCA 87-12 PREVIOUS ACTION: none Ventura Court Island PREPARED BY: Duane Roberts _ DEPT HEAD OK TY ADMIN OK REQUESTED BY: LICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a 1.87 acre annexation of land located north of SW North Dakota Street and east of 106th Avenue. INFORMATION SUMMARY TheP roperty is an island of unincorporated territory within the City. : Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $180.00 for an annexation of 1-2 acres. For the same reason, the standard City zone change application fee of $500 for a zone change annexation of less than 5 acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. _ f DR:cn/3241P i MW{ STAFF REPORT AGENDA ITEM JUNE 8, 1987 — 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL — TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-12 Zone Change Annexation (Ventura Court Island) REQUEST: A request to annex 1.87 acres into the City of Tigard and zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 1S1 34DA: 3500, 3600, Wash Co. R-9 City of Tigard R-12 3700, 3800, 3900, 4000, 4100, 4200 4300 COMPREHENSIVE PLAN DESIGNATION: All tax lots Medium Density Residential, 6-12 units/acre APPLICANT: City of Tigard OWNER: Shigenaga 13125 SW Hall Far West Federal Tigard, OR 97223 Valley—E.S. Association Espinosa LOCATION: The property is located north of North Dakota Street and east of SW 106th. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information The property is bounded on the north and west by subdivision development. The property to the south is large lot single family development. The property to the east is a large field that is traversed by Fanno Creek and zoned R-12. 4. Site Information and Proposal Description Four duplex townhouses are located on the southern half of the area. Tax Lot 3800 occupies the northern half of the area and is undeveloped. The entire tax lot is grassland. The land slopes to the north. STAFF REPORT — ZCA 87-12 — PAGE 1 1 5. Agency and NPO Comments Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 10. 1.2 and Chapter 18.136 and Chapter 18. 138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as an "established area" on the Development Standards Area Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-12 subject to the following conditions: 1. The property shall be designated as an "established area" on the Development Standard Areas map. E 2. Any additional development on the property shall be reviewed approved by the City of Tigard. PREPARED BY: Duane Roberts APPRO BY: William A. Monahan Administrative Planner Director of Community Development (DR:cn/3241P) STAFF REPORT — ZCA 87-12 — PAGE 2 a •a INS �■■ ..L ■■■G��I� Ind■ We ■ e.11 1 0 Emilio ' X111 �IIIII■■/ d . 1111■■ MIME. Omni '. 111111 '�■. 111111l�� 1� �1 11111® ■. ■■ ■■11©!►7�� MON oil!11"� ■1111 / ■"�• ■.■■■■■ ■ ;_:;..� �1■ UNION � ' 1111' 'tl■Li 1111■ t1■1� =���.� ■■ I�IIC 11:111: :1■■ Claim a ■■ a1:■ :IJI: :1■11: WON �, ■�■ :IIIIG: :A11�1 : ���'�si + %�� ■ air :1111■ 11■m 111111 :111■11111111 OPIUM h`, ° ■i ��II■■■■■�� i�llt :" ■111- ■11� VIII■ i■ .►_�� 111 ■ ■���� CIS 911111 ■111Is �1. ■1111moll� .■■IJ. - ■1111. oilpin lies IND � ; �/� • `jam .. L �t■.�■` — l ■� HE .�. EW�I'���IC a: ■ mss^ %■■ ■�l ■17r\ i �- ��NEW IS i NO IS MIMI COOMMI ROME NO .■■.■ 11�11!'� .�' NOW MR CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8 1987 DATE SUBMITTED: May 21, 1987 _ ISSUE/AGENDA TITLE: ZCA 87-10 PREVIOUS ACTION: none 217 Island PREPARED BY: Duane Roberts DEPT HEAD OK1ptp„CITY ADMIN OK REQUESTED BY: y OLICY ISSUE ' Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a 14.66 acre annexation of land bounded on North IJ sides by Highway 217 and 90th Avenue, and, with fagged edges, by SW Dakota and SW 95th Avenue. INFORMATION SUMMARY The property is an island of unincorporated territory within the City. Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $480.00 for an annexation of 10-20 acres. For the same reason, the standard City zone change application fee of $600 for a zone change annexation of more than 5 acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. DR:cn/3223P AGENDA ITEM STAFF REPORT JUNE 8, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-10 Zone Change Annexation (217 Island) annex 14.66 acres into the City of Tigard and REQUEST: A request to zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 1S1 35AC: 100, 1700, 2300, Wash Co. R-9 City of Tigard R-12 2400, 2500, 2600, 2700, 4600, 4700 Wash Co. R-5 City of Tigard R-12 1S1 35CA: 101, 102, 103, 200, 201, 202, 203 Wash Co. R-5 City of Tigard R-12 1S1 35DB: 8500, 8600 Wash Co. R-5 City of Tigard R-12 1S1 35DA: 2600, 2601, 2602, 2603 COMPREHENSIVE PLAN DESIGNATION: All tax lots Medium Density Residential APPLICANT: City of Tigard OWNER: Dixon, Dart, Anderson, Hust, 13125 SW Hall Bozich, Haugen, Osborn, Dick, Tigard, OR 97223 Rouches, et. al. , Ryan, Carlson, Knudsen & Thomas, Moore, Huntley, Brooks, Main, Derosia, Dixon, Brady, Hing, Johnson is bordered on two sides by Highway 217 and 90th LOCATION: Territory Avenue. The Southern boundary is sawtooth in shape with portions b;; ring on North Dakota. SW 95th is the eastern boundary with a five lot appendage. 2. Background Information No other applications have been filed for land use actions for the subject property. 3, Vicinity Information ighwa The property is bounded on the north f eldaandbis Hzoned yR 41 5. The property to the north includes 7. The a density residential development. property to the west is medium STAFF REPORT - ZCA 87-10 - PAGE 1 4. Site Information and Proposal Description There are eighteen hteen single family houses located on the western and C southern portions of the territory. The central and northern portions are grass and timberland. The land slopes to the south. 5. Agency and NPO Comments_ Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS relevantThe e Tigard lan Policies2 1.1 C x and 10.1.2 and Chapter 18.136 and Chapter e18.138eofPthe Community Development Code. The he cons istent nwi h athe hrelev relevant portions as determined a of the Comprehensive submitted Comprehe siveP1 nbased upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. olic b. Plan Policy notified and lthe atland edis because located ewithine T gard's nUrban Departt has been Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as "established area" on the Development Standards Area Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-10 subject to the following conditions: 1. The property shall be designated as an "establis'-+td .AC-ew" on. the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Duane Roberts APPR VED BY: William A. Monahan Director of Community Administrative Planner Development (DR:cn/3223P) 87-10 — PAGE 2 STAFF REPORT — ZCA f ,. _.. Ern &M :111 EN ME rN It. ■11111■■ 1■ 011 d C�1111�: :�JI: ■11�/� \/ 111111 �■� 1111111�� ` �L'1 111110 ■ ME ■.11l�l1r7 ■■■f IMMUNE� 111"� millII� ■�• ••••• IM101 loll ,:�►� - � � _ !�■■ ■IIIIG. ■111 � � � = J 1111 :1►�:�IIt � a�.Mir Mwillic IN milIii� iii - �i•'� - 11� ■ ■���■ C1.. 511111 :111 � � !� . � ■1111 ■ 1■ : : �; iir. -� �iii.• � �� �' ,��►•IL� �. ., ` Kim Ell - � s � � %j�� � ,,�'�,� � iii ■...f�� �� ►` riii WAS /fit. I =:: �i I�i V IRE 2 JU Ell IN RAN - :-./�. ► ��.�►,iii: �,� r��: !�■ r ••� 21 MIMI f Y CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8, 1987 DATE SUBMITTED: May 22, 1987 ISSUE/AGENDA TITLE: ZCA 87-11 PREVIOUS ACTION: None Scarratt PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN OK REQUESTED BY: OLICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a 0.16 annexation of land located at 9165 SW North Dakota. INFORMATION SUMMARY The property is a single lot island of unincorporated territory within the City. Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City is paying the Boundary Commission fee of $90 for an annexation of one acre or less. For the same reason, the standard City zone change application fee of $500 for a zone change annexation of less than five acres has not been collected. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign the plan and zone designations to the property in conformance with the Comprehensive Plan. DR:sb/3228P ;F STAFF REPORT AGENDA ITEM O JUNE 8, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-11 Zone Change Annexation REQUEST: A request to annex 0.16 acres into the City of Tigard and to assign plan and zone designations to the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: COMPREHENSIVE PLAN DESIGNATION: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 1S1 35DB 8300 Wash Co. R-5 City of Tigard R-4.5 COMPREHENSIVE PLAN DESIGNATION: CURRENT PLAN PROPOSED PLAN TAX MAP/TAX LOT NUMBER DESIGNATION DESIGNATION 1S1 35DB 8300 Wash Co. R-5 Low Density Residential APPLICANT: City of Tigard OWNER: Stephen A. & Jan M. Scarratt 9165 SW North Dakota Tigard, OR 97223 LOCATION: The property is located north of SW North Dakota St. and west of SW 90th Avenue at 9165 SW North Dakota Street. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information The property is bounded on the east by two similarly sized flag lots. The property is bounded on the north and south by a large vacant flag lot. The property to the south is a large field that has been platted for subdivision development. 4. Site Information and Proposal Description C The property is a 7,000 square foot lot occupied by a single family house. The land slopes to the north. STAFF REPORT - ZCA 87-11 - PAGE 1 s 5. Agency and NPO Comments Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1 and 10.1.2 and Chapter 18.136 and Chapter 18. 138 of the Community Development Code. The Planning staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as an "established area" on the Development Standards Area Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning staff recommends approval of ZCA 87-11 subject to the following conditions: 1. The property shall be designated as a "established area" on the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Duane Roberts A�PPR �EDReil=iam . Monahan Administrative Planner Director of Community Development (DR:sb/3228P) STAFF REPORT — ZCA 87-11 — PAGE 2 ► ♦ MINI yl 11M ■ •• WIN1 11ls main .111 MillINS MUM �■ JI � � � ® 7� �' ■ :111■ �■:�: S ,�■ �� � 11� � 1111111=. IIF ■1. M ■��: - ■111 CIIIII��/ h �IL'11 !llll� d : 1111]: : 1: ■■11�/� ! ■1! . • 111111 ■ 1111111�� .� ■L'IL: ■•1:■ 11111® ■RINL. ■■11l�1�_ =1O■f�� 111"� ■1111// own MINN ��■1111: :1�� ■1�/,� 11110 :111'WA 111PI1101 HIRE L 1111■ No ■■ ■IIIIG. ■i111�1 ■ _i�� ■ OUR :1111■ 11■00 111111 Ilill!O:1►`®�:�lii� a1: :1111111111.— _ MINI .. ■ .. M ..111■ J ° 11' ■�� -! i mili11G: .. �1. ■1111 � 1■Nis. .111J. � 1111 ■.....����-. ■ � uu ■ ��,��m� Ill! .'= 'Alaimo �, �� p C, :� D■ C■ y CITY OF TIGARD, OREGON COUNCIL AGENDA ITLi•. SUMMARY AGENDA OF: June 8 1987 DATE SUBMITTED: Ma 27 1987 ISSUE/AGENDA TITLE: ZCA 87-09 PREVIOUS ACTION: None nnexation C 108th John Acker A PREPARED BY: DEPT HEAD OKS l�TY ADMIN OK REQUESTED BY: Cit Council OLICY ISSUE Should the City Council f of 1O8th1Avenue17.13 cre to the Metropolitan ation of land located sArea of Durham Road and east Local Government Boundary Commission. INFORMATION SUMMARY The property is an island of unincorporated territory within the City. Annexation of the property would eliminate this island. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and zone the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Because the City is initiating this annexation, the City will pay the Boundary Commission fee of $480.00 for an annexation of 10-20 acres. For the same reason, annexationstandard more than 5 acreschange has notapplication been collected, $6OO for a zone Chang SUGGESTED ACTION Adopt the attached resolution and ordinance to forwardconformancethe tion to the the Boundary Commission and zone the property Comprehensive Plan. JA:cn/3239P C STAFF REPORT AGENDA ITEM JUNE 8, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1 . General Information CASE: ZCA 87-09 Zone Change Annexation REQUEST: A request to annex 17.13 acres into the City of Tigard and zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 2S1 15AA: 100, 200, Wash Co. R-24 City of Tigard R-25 300, 400, 2S1 15AA: 500 Wash. Co. R-5 City of Tigard R-4.5 COMPREHENSIVE PLAN DESIGNATION: Tax lots 2S1 15AA: 100 200, 300, 400 Medium Density Residential Tax lot 2S1 15AA: 500 Low Density Residential APPLICANT: City of Tigard OWNERS: Edward & Lillian Sattler 13125 SW Hall 8800 SW Sattler Road Tigard, OR 97223 Tigard, OR 97223 Charlie & Opal Labahn 16190 SW 108th Avenue Tigard, OR 97223 Jack & Grace Swartwood 16260 SW 108th Avenue Tigard, OR 97223 Stasys & Irene Krosniunas Paul & Ramune Arlauskas 16420 SW 108th Avenue -r-rri, OR 97223 LOCATION: The property is located south of Durham Road and east of 108th Avenue. 2. Background Information No other applications have been filed for land use actions for the subject property. STAFF REPORT - ZCA 87-09 - PAGE 1 3. Vicinity Information The property is bounded on the north, across Durham Road, by small lot single family development (Summerfield). Property to the east is being developed as small lot single family (Swansons Glen) . Property to the south is being developed as small lot single family (Dover Landing). Property to the west, across 108th Avenue, is vacant or developed as large lot single family. 4. Site Information Lot 100 is vacant and consists of an open field. Lot 200 has a single family home with a small orchard. Lot 300 is vacant with the eastern portion in woodland. Lot 400 has a single family home. Lot 500 has a single family home and a small orchard with the eastern half in woodland. 5. Agency and NPO Comments NPO #6 does not object to the annexation but would prefer a lower density. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 10.1.2 and Chapter 18.136 and Chapter 18. 138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1 .1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land meets the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as "developing area" on the Development Standards Area Map. i STAFF REPORT — ZCA 87-09 — PAGE 2 C. REC"ENDATION Based upon the above findings and conclusions, the Planning Staff C recommends approval of ZCA 87-09 subject to the following conditions: 1. The property shall be designated as a "developing area" on the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Iyhn Acker APPROVED BY: William A. Monahan sistant Planner Director of Community Development � STAFF REPORT - ZCA 87-09 - PAGE 3 a ®®�� WINson ■■■■� ��■■■Ilan �R1 _ ■■■■■��.. •• ■■■ NONNI ■�■■■®■■ e� 7�. .. ■■■■ 'KNEESNO WE III�� ,����IIIIhIIu■ __ �j''',���...n \\ �► _ �.�! X11: y �� 50 RAM film �. � ■■■■ ��///11111 n.����'llll ■:1l1!!� - ► IIIL" 1� ■► ' 1■ X11■ ' ��� _ .���:� 1111 ��_ �j �� .■ love ` � 111/ � �► �� �= ���- � ■■ .__, S s -- y . . ! 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8 1987 DATE SUBMITTED: May 29, 1987 ` ISSUE/AGENDA TITLE: Proposed 135th PREVIOUS ACTION: Public Hearing Mar. 16 Ave./Murray Blvd. LID & 23,1987; workshop discussion 5/11187 PREPARED BY: Randall R. Wooley DEPT HEAD OKLIm CITY ADMIN OK REQUESTED BY: OL ICY ISSUE Formation of a local improvement district for improvements to SW 135th Avenue and the proposed Murray Boulevard extension between Scholls Ferry Road and Walnut Street. INFORMATION SUMMARY A public hearing was held in March to consider the LID formation. The hearing was continued until June 8th to allow time for consideration of alternatives. A discussion of alternatives occurred in May with input from property owners. The attached memo provides an update on the LID and the alternatives being considered. Public testimony was closed on March 23rd and Council deliberation was in process when the discussion was continued to June 8th. The Council may wish to reopen the hearing to receive any public testimony on the LID modifications being considered. ALTERNATIVES CONSIDERED The following alternatives are available to the Council: 1. Approve the LID formation as proposed in March and direct staff to prepare an ordinance formalizing the decision. 2. Approve a modified LID and direct staff to prepare an ordinance; this alternative is available only if the modifications would not increase the estimated assessment on any parcel. 3. Propose a modified LID and direct staff to prepare a new resolution of intent setting a new hearing date. 4. Continue the hearing and direct staff to consider additional alternatives. 5. Abandon the LID. FISCAL IMPACT The Council has indicated that Street SDC funds will be used to pay any costs associated with raising the roadway grade at Summer Creek and for intersection improvements at Scholls Ferry Road. The extent of the improvements will be decided during final design of the project. SUGGESTED ACTION Staff recommends that the public hearing be reopened to receive public input on the suggested alternatives prior to making a decision. /3251P MEMORANDUM CITY OF TIGARD, OREGON C TO: Mayor and Council May 29, 1987 FROM: Randall R. Wooley, P.E. City Engineer SUBJECT: 135th/Murray LID Meeting Notice Attachment #1 is a copy of the meeting notice which was mailed to all property owners in the LID. Project Scope Following the May lith discussion, the Council indicated a desire to consider two alternatives. My memo of May 15th (Attachment No. 2) summarizes the two alternatives. Right-of-Way Assessment Questions were raised in March regarding the legality of the proposed right-of-way assessment method. After extensive review of the issue with the City Attorney's office, it appears that the basic concept proposed in March is still the most equitable. Under the proposal, properties where right-of-way was donated at no cost to the LID would be exempted from the assessment for right-of-way acquisition costs, as would properties with no direct frontage on the improvements. The Attorney's office is still reviewing the issue to assure that the assessment method is legally correct and that the language in our ordinance will clearly define the assessment method and intent. We will be prepared to report to the Council on June 8th. Deferred Assessments Within the LID, there are some existing single-family homes on large lots. In some instances, the lots are zoned for multi-family development, so that the proposed assessments (based on traffic qeneration potential) are rather high. There have been requests for the Council to reduce or defer these assessments until such time as the properties are redeveloped. A March 23rd memo from Bob Jean (Attachment No. 3) suggested two options for deferrals. Another possible approach would be to consider a portion of the property around each existing house as a single-family lot to be assessed the same as the subdivision lots. The remainder of each lot would be assessed according to it's zoning as before. If we used a half-acre as the size of the "single-family lot", then estimated assessments would be revised as follows: Memo to Mayor and Council Page 2 May 29, 1987 Parcel No. Approximate Revised March Estimated Estimated Assessment Assessment 2 $ 10,982 $17,883 5 $ 5,949 $15, 125 11 $ 59,073 $64,504 160 $ 917 $ 3,559 161-162 $ 2,750 $ 6,228 303 $ 5,546 $ 9,698 391 $ 917 $ 3,737 This proposal would increase the assessments on other LID parcels by approximately 2% under the March LID proposal, or approximately 4% under the reduced LID (Option B) proposal. Under this method, Parcel No. 11 might still be considered for a deferral as described in Bob Jean's memo of March 23rd. Schedule On June 8th, staff will be seeking Council direction as to the scope of work to be performed under the LID, the LID boundary, the assessment method, and whether assessment deferrals will be considered for any lots. With this information, we will work with the engineering consultant and the City Attorney to prepare the legal documents required for formal LID formation. If no additional hearings are required, we could return on July 13th with the necessary ordinance for LID formation. If a new hearing is required, we could return on July 13th with a revised resolution of intent, with the new hearing to follow on July 27th. If a new hearing and new notices are required, we may want to have the title company update the list of property owners. /3251P \ May 28, 1987 CITYOF TIFARD NOTICE OF PUBLIC HEARING ON OREGON PROPOSED 'LOCAL IMPROVEMENT DISTRICT 25 years of Service FOR SW 135TH AVENUE/MURRAY BOULEVARD 1961-1986 FETING TIME: Monday, June 8, 1987 at 7:00 P.M. LOCATION: Tigard City Hall, 13125 SW Hall Boulevard In March, the City Council held a public hearing to consider formation of a local improvement district (LID) for construction of improvements to SW 135th Avenue and a portion of the proposed Murray Boulevard extension. The public hearing was continued to June 8, 1987, to allow time for discussion of additional alternatives. At a workshop meeting on May 11, 1987, the Council and property owners considered a number of alternatives. Based on the May discussions with property owners, the Council has indicated a desire to consider two options at the June 8th meeting. The Council may reopen the hearing to receive additional public testimony. Interested parties are encouraged to attend. On the reverse side of this notice are drawings showing the two options being considered. Option A is similar to the project proposed in March. Option B would reduce the scope of the project and would revise the LID boundary. In both options, a sidewalk would be built on only one side of the street. Otherwise, both options provide for construction of the streets to City collector street standards. We estimate that the assessment on a typical subdivision lot would be $860 under Option A (3.3% less than the March estimate) and 058 under Option B (7.6% more than the March estimate). At the June 8th meeting, the Council may also consider revisions to the proposed method of assessment for right-of-way costs. Following the hearing, the Council expects to make a decision on the LID option to be used. The Council may select Option A or Option B or some modification of either option. If the option selected would raise the estimated assessment of any property, it will be necessary to schedule a new hearing and to provide new notices to property owners. If you have questions about the proposed LID, please feel free to contact me. Sincerely, Randall R. Wooley, P.E. City Engineer (RRW:br/3216P) 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 fill 'All lostOp ust A�+ il., EMMA ii 111►�� .rl . �i�:r.i►�� ♦: ... mm ' �IR11111�►�� ` �'� ,:_■ 11111111/1� R 1�+'�j� 1 � ■ �� ■+ ■.t ■1#I M.W Awn miff �lads /I • ` III. � rr `- . A V7 � MEMORANDUM !� CITY OF TIGARD, OREGON TO: Mayor and City Council May 15, 1987 FROM: Randall R. Wooley, City Engineer, SUBJECT: Proposed 135th Avenue LID Following discussions on May 11th, the Council decided to pursue two LID options further. Here is some additional information on those options. COST ESTIMATES Both options assume that streets will be constructed to City collector street standards with storm drainage, street lighting and undergrounding of utilities. Sidewalks will be built on only one side of the street. During. final design, Council would decide whether to raise the road grade at Summer Creek to keep the roadway above the 100—year flood. Any additional costs associated with raising the road (e.g. , bridge costs) would be paid from SDC funds and not charged to the LID. Any intersection improvement costs at Scholls Ferry Road would also be paid from SDC funds or ODOT/County funds. Option No. 1 would provide for the improvement of 135th Avenue and construction of the Murray Boulevard extension as originally proposed in March. Option No. 3 would provide for improvement of 135th Avenue north of the Krueger property. The remainder of the project would be built by developers as development occurs. In this option, the LID boundary would be redefined to delete the undeveloped Krueger and BenjFran properties and to add the north portion of Cotswald N3 subdivision to the 135th LID. Revised cost estimates, excluding right-of-way costs, are as follows: Option N1 Option M3 Estimated project cost $1,799,000 $ 938,000 Estimated typical assessment $ 860 $ 958 If right-of-way costs are distributed and assessed the tame as construction costs, the estimates are as follows: Option M.1 Option k3 Estimated project cost $2,175,000 $1,187,000 Estimated typical assessment $ 1,040 $ 1,212 OTHER QUESTIONS We need to resolve questions regarding how to assess for right-of-way costs and whether the City can defer or reduce the assessments on large parcels currently developed as single-family residential uses. /brS100P. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council March 23, 1987 FROM: Bob Jean, City Administratorb�, SUBJECT: 135th LID Developed Single Family Large Lot Deferral Options At Council's direccio-,. staff has reviewed several policy options for allowing deferral of 135th LID assessment shares for developed, large lot, single family parcels. Since the LID spreads assessment benefit costs on the basis of trips generated for developed or potential land use, until these developed large lot single family parcels develop further, they then would not generate the trip volumes. As such they would be a valid class for applying a deferral until development. There are 7 parcels and 9 households potentially in this class. PARCEL # ACRES EST. LID ASSESSMENT r 2 1.4 $ 17,883 5 2,4 15,125 11 4.8 64,504 160 0.7 3,559 161-162 1.1 6.228 303 2.8 (3 homes) 9,698 (i3=$3232) 391 0.3 3,737 (Non-Remonstrance) 120 734 Two options - - other than the States low income senior citizen program -were considered. 1.) Acreage - Assuming an average low density benefit per acre, staff took the $890 average single family assessment times 7 units average per acre and creates a minimum assessment of $6,230 per household ($890 X 7) with anything beyond that eligible for deferral: PARCEL TOTAL - MINIMUM = DEFERRAL #2 $17,883 - 6,230 = $11,653 #5 15,125 - 6,230 = 8,895 #11 64,504 - 6,230 = 58,274 $18,690 $78,821 Bancroft SDC Deferral f 2.) Minimum Benefit - Assuming a local street only theory and a proportional trip generation share, the City Engineer estimates a minimum benefit of $10,000 per parcel, so any deferral would be beyond the first $10,000: #2 $17,983 - +U;i`^n = ¢ 7,093 #5 15,125 - 10,000 = 5,125 #11 64,504 - 10,000 = 54,504 $30,000 $67,512 Bancroft SDC Deferral Should Council chose to defer all or part of the assessments, staff recommends the following general conditions be made a part of the agreement: o Signed Deferred Assessment Agreement; o Due on Sale/Development/Lot Split clause; o SDC Fund pays Deferral and gets principal and interest upon development; o Deferred principal plus interest at total rate for Bancroft Applicant's (Bond rate + 2%); o Right-of-Way Dedication as pre-condition of eligibility; o Non-litigation; o Lien recorded with County Recommendation - Council would need to give staff direction tonight and we'll incorporate that action into the LID Formation Ordinance for April 13, 1987. BJ:bsl022W a'° MEMORANDUM CITY OF TIGARD, OREGON E TO: Councillor Valerie Johnson June 4, 1987 FROM: Randall R. Wooley, P City Engineer ^,✓'� SUBJECT: Murray Boulevard Murray Blvd. in Beaverton Today I talked to Jerry Williams in Beaverton's Engineering Division. had only preliminary discussions of an He tells me that so far they have LID for Murray Boulevard between Scholls Ferry Road and Old Scholls Ferry Road. They are not yet actively pursuing LID formation. the Urban The route for future Murray year by Tigard rd, dBeavert Beaverton and the County. We Area Agreement signed last year by Tigard's work will match are coordinating on our design so that Beaverton's. Acommitted ll of the planningvolvefor future development. to the Murray extension Pa The timing of the Beaverton section is dependent on the timing of development of the adjoining land. The major land owner in Beaverton his represented by Russ Krueger. In both Beavertonconstructed but he is indicated that he would like to see Murray possibly not prepared to fund the entire project immediately. May Handout lith Attached is a copy of the handout which was used at the May workshop meeting with property owners. Speed Limit In Oreogn, posted speeds are established by the State eed elimitstro Board. Cities and counties do not have authority to P The existing posted speed on 135th Avenue was established while it was a county road. When 135th became a City street last year, we considered requesting Speed Board review. Because the Speed Board review usually ded to wait takes sx ieted. Atrthhaate time,mor , we we expected LID until construc ion to construction riin was compl 1987. The City can request Speed Board revue at any time. Based on my experience with tho Speed Board, I feel it is unlikely that they would approve a lowering of the posted speed at this time. /3274P 1, May 11, 1987 PROPOSED STREET L.I.D. S.W. 135th AVENUE Projgct Cost Typical Assess` Assess As % of Alternative [Estimated] [Estimated] March Est. 1. Joint Murray/135th LID 1,862,000 890 100 [Collector Stds; R/W donated; City pays for bridge] 2. LID for 135th only [Collector stds.; R/W donated] - (a) All costs to LID 1,409,000 1,269 143 - (b) City pays for bridge 1,223,000 1,101 124 - (c) Culverts instead of bridge j (flooding allowed) 1.233,000 1,110 125 - (d) If sidewalk deleted on [deduct [deduct [deduct one side of street 50,000] 45] 53 - (e) If all street lighting t [deduct [deduct [deduct undergrounding are deleted 226,0003 204] 23] — (f) If R/W is purchased [add 249,000] [add 2243 [add 25] — (g) If Cotswald N3 is assessed [No Change] [deduct 66] [deduct 7] i 3. LID for 135th with alternate boundary (Collector Std.; R/W donated). (a) If City pays for bridge 968,000 1,019 114 — (b) If R/W is purchased [add 161,0003 [add 1693 [add 19] 4. LID with alternate boundary t 36' street width (R/W donated) (a) If City pays for bridge 930,000 979 110 - (b) If R/W is purchased [add 70,0003 [add 74] [add e] S. 135th LID with interim rural roaidway (R/W donated; no streetlighting) - (a) If City pays for bridge 501,000 451 61 - (b� If R/W is purchased [add 120,0003 [add 1081 [add 12] 3184P JUNE 8, 1987 City Of Tigard Attn: Mayor and City Council As the owner of LID lot #2 at 11035 S.W. 135th, I wish to express my support for the porposed 135th Ave. LID project. Specifically, I recommend adoption of option #1 which includes the Murray extension per Randy Wooley' s memo of 5/15/87. My objection is to the method of assessment. Our property has the second highest estimated assessment in the whole LID, yet it is a single family residence on 1.4 acres with little chance of being developed to its zoned potential of R-25. The property currently has no access to city water or sewer. This, coupled with the small acreage, makes our property unattractive to developers. Conversely, we would never recover the assessment if we sell as a single family residence. Catch 22. Based on our situation, I urge you to adopt the "acreage" method of assessment explained in Bob Jean' s memo of 3/23/87 (highlighted copy attached) . This method reduces the burden on us financially although it is still fairly heavy. We may be able to break even or suffer only a small loss if we sell our home as a single family residence. Also, the impact on a potential future developer is reduced since we would be responsible for about 35% of the asssessment. I cannot attend the meeting tonight, but I will be in touch this week to hear your decision. Sincerely, Dan Duggan v ;t Mr. Robert Jean May 30, 1987 City Manager City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: S.W. 135th Avenue Local Improvement District - Murray Boulevard Extension Dear Mr. Jean: I refer you to my letter of March 4, 1987 to you. As I advised you, I am an owner of the property between New Scholls Ferry Road and S.W. 135th Avenue in Tigard. I understand that the City of Tigard is reconsidering a local improvement district for S.W. 135th Avenue and Murray Boulevard and that two options will be brought before the Tigard City Council on June 6 for consideration. One is for the improvement of S.W. 135th Avenue and the other is to add to that improve- ment, extension of Murray Boulevard through my land. I have no objection to the creation of a local improvement district for the proposed improvements to S.W. 135th Avenue and the resulting assessments against my land. However, I object to the addition to that local improvement district, of the extention project for S.W. Murray Boulevard. As you know, I have granted an option to Russell A. Krueger to purchase my property. The property is currently farm land but probably ultimately will be developed sometime in the future. The creation of the Murray Boulevard extension at this time is not necessary as part of the local improvement district and would result in substantial assessments against my property, much of which will probably remain farming land for some time. Mr. Robert Jean C May 30, 1987 Page 2 I understand one of the main arguments for including the Murray Boulevard extension in the local improvement district, is to reduce the amount of the assessments against the property owners for the S.W. 135th Avenue improvement by shifting some of the costs of those improvements, to my land. Of course, to the extent this is correct I object to it as unfair and inequitable. I cannot afford the proposed assessment against my property for the Murray Boulevard extension. Nor can I afford to donate any of my property for the Murray Boulevard extension right-of-way. The extension can be constructed privately at no public expense for either land acquisition or development costs, as my property is developed. Please consider this letter as my remonstrance against any local improvement district for either the acquisition or construction of the Murray Boulevard extension or for inclusion of that extension in a local improvement district to improve S.W. 135th Avenue. ry truly yours, Marge�. Crist Route 1, Box 792. Beaverton, Oregon 97007 Hind ✓U/y Kandy woo ley, J be ori,«6Je a; �t� tie June 3 N,1ee.}�hcf �r 1%ie l3='rh �/L�cr r rcr// �IIS au t � J ' fr perSUnce1/,J T rZ4vo, i'pfiUn /-1 Ui`. Ylr_'. f-✓✓v ��hC7�gr Cr�nJ r Cera Pd h �v r i'1 Ur,�_ /►��/o. I T f�J c� ryi v f�i.:r�• G� l �!rn ur r .� Cii� ��n t- gel rt rS rm�herui��C' tnCi//7 /��3e- S rdC!GVGGI�J Ult Ov l fl S/G/C�J c7r {�E' S�l"�'r?7�. �� Cl•r�� I.:Ua i ; �r G? Sc�,uol C�(ij G+.rO e ��� not I?ave ar,✓vr(,Ie r � Or j� Ji7� Sr��' �1ii� 5 ic�C�Gva��'-r. 1 II__ slhcf Ours rr a nr {1r�urhJ C �rUwinU �G}/Yt/bef / Yt1O jur rQC'{!�r /I't t%i tJ G'E'CrJ ruh . L r� "�y /"JY (f�lvr r f1ev l(if!,rP.Ajh ✓kJ C%cam `"Iy /� rd �V CITY OF TIGARD, OREGON �. COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8 1987 DATE SUBMITTED: May 26, 1987 ISSUE/AGENDA TITLE: ZOA 87-01 PREVIOUS ACTION: Planning Commission Sensitive Lands Hearing on May 5 1987 t. PREPARED BY: Deborah A. Stuart _ . DEPT HEAD OK CITY ADMIN 0 REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY A series of three separate zone ordinance amendments will be processed by staff in the coming months concerning the Sensitive Lands Chapter of the Code. In order to meet Federal Emergency Management Agency (FEMA) requirements and a June 15 deadline, the staff is proposing the first revision of the Sensitive Lands Chapter. ALTERNATIVES CONSIDERED 1. Approve the zone ordinance amendment as proposed by staff and approve the attached final order, declaring an emergency. 2. Approve the zone ordinance amendment with modifications. 3. Deny the zone ordinance. FISCAL IMPACT None SUGGESTED ACTION 1. Approve the zone ordinance amendment as proposed and approve the final order, declaring an emergency. C DAS:cn/3204P Agenda Item 13 City Council June 8, 1987 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council May 26, 1987 FROM: Keith Liden, Senior Planner Deborah Stuart, Assistant Planner SUBJECT: Chapter 18.84 Sensitive Lands — ZOA 87-01 A series of three separate zone ordinance amendments will be processed by staff in the coming months concerning the Sensitive Lands Chapter of the Code. In order to meet Federal Emergency Management Agency (FEMA) requirements and a June 15 deadline, the staff is proposing the first revision of the Sensitive Lands Chapter. Attached is a draft which includes the addition of applicable FEMA requirements. A second separate zone ordinance amendment will allow the Planning Commission and City Council additional time to consider the following changes: 1. Review authority for drainageways, step slopes, and wildlife/wetland areas to the Director. 2. Flood plain review authority retained by the Hearings Officer. 3. Allowance of minor projects that do not result in any fill (eg. water line installation) without Sensitive Lands approval. 4. Modification of Policy 3.5.3 and appropriate Code sections to make it clear that flood plain dedication is a condition of development approval. 5. Allowance of landform alteration of land zoned residential. Expansion of Section 18.84.045 to include other significant wetland/wildlife habitats identified in the Comprehensive Plan along with relevant evaluation criteria will occur as part of a third zone ordinance amendment in the coming year. ( DAS:cn/3204P a' 18.84 OF SENSITIVE LANDS 18.84.010 Purpose (a) Sensitive Lands are lands potentially unsuitable for development because of their location within the 100-year floodplain, within natural drainageway, on steep slopes or on unstable ground. (b) Sensitive land areas are designated as such to protect the public health, safety and welfare of the community through the regulation of these sensitive land areas. Sensitive Lands regulations contained in this Chapter are intended to maintain the intearity of the rivers streams and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancinq water quality and fish and wildlife habitats and preservinq scenic quality and recreational potentials. [(c)](d) Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Development on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacent to areas designated as significant wetlands on the Floodplain and Wetlands Map within 25 feet of the designated wetlands area. [(d)]Jel Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. Nonconforming uses shall be subject to tha provisions of Chapter 18.132 of this Code. [(f)]W The regulations of this Chapter are intended to implement the Comprehensive Plan and the Federal Emergency Management Agency's flood insurance program* and help to preserve natural sensitive land areas from encroaching uses and to maintain the September 1981 zero-foot rise floodway elevation. The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying�rtap_S _ is hereby ado t b r rd rence and declared to be a rt of this Cha ter. ;S _ ot �Ny„ 6') Study is on file at the Tigard Civic Center. `t .�. Ow% reverse—_ f � When base flood elevation data has not been ovided in •1� accordance with Section 18.84.010 the Director shdll obtain review and reasonably utilize a V base flood ale ation and ZOA 87-01 FEMA CHANGES - PAGE 1 (h' -f MEN � I l ���, �� �`'� � t CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Coun 14hMay 27, 1987 FROM: Bob Jean, City Administrator uo SUBJECT: EXECUTIVE SUMMARY FOR MAY 1987 COUNCIL GOALS Transportation Program — City Engineer Randy Wooley continues with the implementation of the Spring Capital Improvements Program. The Summer—Fall programs will be outlined within the Budget structure for Council in June. The recruitments for Transportation Engineer close this week. We hope to have a hire decision on the Transportation Engineer in June. Meanwhile, Randy Wooley continues to handle the transportation planning activity. We hope to have the Public Facilities Plan ready for adoption in March of 1988 and the Framework Streets CIP by June 1988. Meanwhile street crews are into the newly annexed Metzger areas replacing downed street signs, patching potholes, clearing ditches and doing brushing. Community Involvement — Jill Monley, Community Services Director/Assistant City Administrator, facilitated the Boardsmanship Training Workshop. We got mixed reviews; some of our new members that hadn't been to any such workshops gave it rave reviews and other, more experienced Board members, found it less useful and had expected new material. The Fall Boardsmanship Workshop probably needs to have a different title and a different emphasis for the beyond basics group. The NPO Training Workshop has also been completed, along with the beginning discussion of expanding the NPO's role. City Center — The City Center Plan Task Force has had a couple of meetings now. The Committee has chosen to work on specific narrow list of topics, taking one topic per month and allowing staff 1 to 2 month lead time on research. Comprehensive Plan Update — Senior Planner Keith Liden is preparing a work plan for discussion with Council on the Comp Plan Update and streamlining goal. The approach here will be to identify a narrow specific topic to deal with that topic and then close that part of the review, open another topic and close that review, etc. . . Development review activity itself has been particularly heavy of late so we won't be able to get too much into the Comp Plan Update goal until the actual start of the fiscal year this Summer. Sanitary Sewer Plan and CIP — Recruitment closed this week on the Utilities Engineer Position. We hope to have a hire decision in June. Meanwhile Engineering Services staff has continued to update the existing data base information. The Sanitary Sewer Master Plan will be one of the first assignments tackled by the new Engineer and related consulting staff. The Sanitary Sewer Master Plan should be ready for adoption °n December or January. C Page two Ex-ecutive Summary May 1987 Economic Development Action Plan — This goal has been subordinated to the startup of the City Center Plan Task Force. Bill Monahan will now begin reviewing the overall Economic Development Plan with the Economic Development Committee and Council as it relates to the effort now underway with the City Center Plan Task Force. Storm Drainage Plan and CIP — The Utilities Engineer will be responsible for coordinating the related transportation and storm drainage plan updates as they tie together. We should have a draft of the Storm Drainage Public Facility Plan by March and a CIP listing by June of 1988. Municipal Services Policy -- The Municipal Services Policy study is one of the areas which would have been assigned to the Assistant To City Administrator. We will now have to regroup and see how we can fit this goal into our reduced time budget. I would expect some Workshop discussions with Council and a draft policy statement by the Spring of 1988. Sign Code Update and Enforcement -- Staff has prepared a draft work program for a comprehensive review of the Sign Code. Council has tabled its discussion of that matter to the next Study Session. As soon as we can clarify between Council and staff as to the particular items to be accomplished in the goal, staff will be able to further narrow the work program. The effort will, of necessity, still take most of this next fiscal year in order to complete. I would look forward to some preliminary report in the Fall with code revisions around January and a stepped-up enforcement effort by the Spring. Annexation Policy — Council has had one Workshop giving general guidance on annexation policy. We are proceeding now with 8 small island and peripheral annexations pursuant to that policy. Meanwhile, the Northeast Metzger area has also filed its petitions for annexation pursuant to Council policy at the April Workshop. We will continue through the Summer processing and implementing those annexation actions. I would expect to get back to a discussion with Council in the Fall on further formal revisions to our annexation policy. Meanwhile, this Summer we are still looking for graduate student iterns who might be able to assist with the urban service study of the Bull Mountain area. Jill Manley and Councilor Johnson will be working with the Walnut area as far as any interest there. The County continues forward with the proposed County Service Districts and heading towards an election this Fall. Letting all of those issues play out, we should have a draft annexation policy for discussion in January leading to any Comp Plan revisions by March of 1988. Parks Plan — The Council and the Park Board met and reviewed the draft Parks Plan. The final plan and CIP list should be complete by January. Personnel Rules — Jill Manley has completed a final draft and is currently circulating it for review and comment amongst the Executive Staff. Final draft should be ready for Council review in July. Page three Executive Summary May 1987 . CMunicipal Court Study is a goal reset from 1986-87. We are currently in the process of implementing the changes resulting from the Metzger annexation and our own continued growth. Jill Monley will be directing a study of our court options and improvement alternatives over the course of the Summer with a report to Council by September. Council tabled any further staffing increases in the court area pending the outcome of the Municipal Court Study. Five-year Financial Plan — The Five-Year Financial Plan, pursuant to the Metzger annexation, has been updated and now needs a final revision per the Budget Committee's actions. Council has prioritized the Five-Year Financial Plan at the top of the list of Study Session topics for further review. We hope to get into that discussion with Council this summer. In order for the Tax Base commitments and Five-Year Financial Plan to work, it is essential that Council and Budget Committee ultimately use the Financial Plan as a tool for Budget preparation guidelines. DEPARTMENTAL ISSUES CITY ADMINISTRATION/CITY ATTORNEY Work Programs — The major effort now for June involves establishing clean work plan guidelines for the coming fiscal year pursuant to Budget Committee revisions. The Council Policy Calendar is the main guideline for this effort and should be on the Council Agenda in June. Executive Staff Workshop — The Executive Staff and I are holding a 2 day work planning and teambuilding training workshop on Wednesday, June 10, and Thursday, June 11, at the Flying M Ranch. Mary Himmel will be the facilitator. This is the first time we've held an overnight workshop as a group. I' ll report to Council afterwards as to how effective it is. City Administrator Performance Review — I still have not received any comments from Council Members as to how we might improve the Performance Review process. I will discuss it generally with individual Councilors in 1-on-1 sessions. City Attorney On-Site -- The City Attorney's office has worked out a program with staff where the attorney on Municipal Court will be available at City on Tuesday mornings and the staff associate on other general legal issues will be available in City Hall on Thursday mornings. This should increase the ability to access City records and discuss related legal problems with staff. It should also help to reduce our legal services cost by hopefully taking small issues and preventing them from becoming big legal issues. Council Study Session Topics — The Council Study Session topics have been rank ordered and I have been discussing their scheduling with the Mayor. These will be scheduled into the Tentative Agendas and available for Council review at the June Workshop. Q Page four Executive Summary May 1987 \. TACC — The Mayor and I still need to confer on Tigard Advisory Committee Chairman's meeting. Northeast Metzger is now an annexation issue coming before Council in June. My office and the City Attorney's office will be working with the neighborhood, City staff and Boundary Commission. There is a certain need to move quickly on this proposal if we want to utilize the Boundary Commission process, as the Boundary Commission itself may be dissolved within the next few months by the Legislature. Legislative Issues — City staff continues to track several major Legislative issues. So far we are losing the battle on Systems Development Charges in the Legislature. That is now before the Senate. We seem to be losing on business tax issues and that is now in the Senate. The State Gas Tax Increase has moved out of the House but the Senate is looking to revise the formula back and reduce the shares to local government. Continued effort by Council in tracking and supporting various legislative issues cannot be understated. Tigard is looked to as one of the major cities in the State and one in which growth and economic development is a success story. Council June Workshop -- Council Members have suggested several topics for the June Workshop. I will be reviewing those items with the Mayor. The dates are still set for Friday evening, June 26, Saturday, June 27, and Sunday, June 28. Council Calendar — A revised Council Calendar is out. Several Council Members have indicated their vacation plans for August and a revised schedule there will be forthcoming. LID's — The 135th, Murray and Dartmouth LID's continue to take involvement from City Administrator and City Attorney offices. The 135th/ Murray LID should be back before Council in June. The Dartmouth LID is going through the various procedural steps with Gordon Martin preparing to challenge the State's issuance of our street opening permit. As soon as that's granted we can report to Council in June in Executive Session further. Service Contracts — The issue of City Service Contracts continues to be' reviewed by my office as to cost recovery on existing Police and communications contracts, also regarding the upcoming proposed Metzger Park maintenance contract. Mayor Brian and I will be meeting next week with Commissioner Rogers and County Administrator Cameron to discuss the issue of the City's active plan and contracting for services by the County within the City's area of interest. Vacation — I am working on plans for some vacation time in July. I still have not heard back from any Council Members about my proposal to buy down some of my vacation accrual. I will be discussing that with individual Council members 1—on-1. Budget -- The Budget as recommended by the Budget Committee has been Crebalanced and advertised for the Council's Public Hearing. The i Page five Executive Summary May 1987 recommended column is being filled in by Wayne Lowry, as well as the editorial updates in the history columns. Each department head will be reviewing and expanding the workload indicators and any revisions to work programs related to Budget cutbacks in the Budget text. The ending fund balances are being reviewed by Wayne and I this week and any minor adjustments to the Budget information will be presented to the Council at the Budget Hearing on June 22nd. COMMUNITY DEVELOPMENT Cook Park and 92nd — Streetlights will be installed at Cook Park and along 92nd during the next two weeks. Light Rail — METRO is updating the Light Rail Study along Barbur to Tigard. They are looking over the earlier studies and expect to have an updated analysis by July. Presently the route would go down the Barbur median into Tigard then along the Southern Pacific or Oregon Electric track. They may be talking to us about alignment issues as they come up. Structural Plans Reviews — I passed on to Brad the concern raised by Tom and Julie about Mr. Nichols as structural inspector. I asked Brad to confer with Tom to see if the concerns are capable of being overcome. If not, Brad will pursue other sources of review assistance. Learning Tree Day Care — The SDR for Learning Tree Day Care was discussed briefly last Monday during the non-agenda portion of the meeting. Since that time, a formal appeal of the SDR was filed by neighbors objecting to the buffer provisions and the use. The use is alllowed in the zone. Council has received an explanation of the buffer. The item is set for Planning Commission review on June 2 unless the Council calls it up. A copy of the appeal letter will go in Council mail — delivered Monday. Sign Code Work Plan The Work Plan is in the Council packet on consent for 5/11. Staff needs direction on how to proceed. We will talk about enforcement issues and Work Plan in June. Operations Manager — Cliff Scott has accepted the position and will be on board June 2. Steve Rivett will continue as Acting Manager up to that date. Building Activity — April was another strong month with 39 single family permits. We are ahead of 1986. R. A. Gray/Cook Park Land — Staff has reviewed sketchy information submitted by Mr. Gray for the ballfield complex. We recommend that Bob go through a preapplication meeting and submit a preliminary plat. Issues such as access, sensitive lands, Corps of Engineer permits, and phasing of the park complex development would be discussed then. Dahlstrom/Cyclone Band Noise Issue — We wrote to both parties advising ( them of the situation. We will follow through. Page Six Execu'- •• : -..-:mary May 1987 C Scholls Ferry Road Study Area -- The Echo Northwest Study is due this month and should be available for Council to discuss with the Beaverton Council this Summer or early Fall. Metzger Special Districts — The Metzger Storm Drainage and Street Lighting Special Districts are in the process of being closed out to City utility and enterprise funds. LIBRARY WCCLS Budget — We should have a decision within the next few weeks on the distribution formula for the WCCLS Levy. We are making headway on reducing central administrative costs in order to increase distribution to the Library branches themselves. If successful, we may have additional $10-15,000 in WCCLS dollars for Library projects. WCCLS Contracts — Our WCCLS Agreement and the WILI computer systems Library contracts are going forward to Council for approval. Library Volunteers Brunch -- The Council was invited to attend the volunteer records brunch. No Council members were able to attend and Irene Ertell represented the City's appreciation to the volunteers. POLICE/PUBLIC SAFETY Ambulance Service Contracts — The Chief has prepared an update report on ambulance ALS franchises and interagency agreements. The issue is still one which I believe Council, the Fire District and the County ought to be considering jointly. Chief Lehr is holding off on any further indepth review pending direction from Council. 9-1-1 — The Chief has prepared a report on the status of current 9-1-1 services and costs, and the issue is on hold pending further Council review and direction. The report on feasibility of enhanced 9-1-1 still needs some further information from GTE as to technical feasibility before getting into a full discussion on policy options. Tentatively the item has been set for Council discussion in July. Meanwhile, we continue on with the current month-to-month agreement with Tualatin Fire District. Metzger Impact — Recruitments underway for new hires authorized under the Budget; positions authorized for current year have been filled and we are moving forward to assume the policing responsibilities in the Metzger/Washington Square area. Washington County Sheriff's Office Agreement -- The City and the Sheriff have entered into a coordination of services agreement wherein the City continues to back up the Sheriff's office between now and June 1987, while the Sheriff's office continues to provide the primary response that it was budgeted for through June. As of July 1, the City will be in a primary response situation. The Sheriff's office has agreed to provide a C detective to assist in the transition and training of Tigard officers as they assume the workload related to Washington Square. Page seven Executive Summary May 1987 i e Training Manual — Completion of development of a more complete field training manual for field training recruit officers. This manual is more complete and more localized than the State manual. The State manual will be used to sign off on training completed for BPST purposes. Field Training — We are in the process of developing a field training ' officer course that will provide 70-80 hours of instruction as compared to the 16 hours now available in the State. We would hope that we can get the course certified by BPST and then market it to other agencies. Dispatch Training — We are in the final stages of revising a manual for ' dispatch operations. This project should be completed by the end of the month. The manual will be utilized as both a training manual and an operations manual. Operating Manual — The operations manual is being revised to update procedure and to remove outdated or superfluous procedure. It is anticipated that the manual will be much more applicable and easy to work with. Completion date is July 1. $ Chief Certification — Chief Lehr has completed all requirements for BPST certification and has been awarded certification as basic, intermediate and advanced police officer, and the management and executive certificate. COMMUNITY SERVICES Employee Assistance Program_ -- The City staff has revealed the final proposals on an Employee Assistance Program. We should have something to present to Council for discussion this Summer. OPEU Negotiations — Negotiations have begun and two Council Workshops conducted. A final Council Workshop for direction to the negotiating team has been scheduled for June 9 in Executive Session. Special Assessment Fund — Wayne Lowry will begin intensive review of the Special Assessment Fund as to its financial position and a collections enforcement policy which could lead to some foreclosures if not resolved. Otherwise, this effort will occur over the course of the Summer prior to completion of the annual audit. Annual At!dit — Wayne is in the process of completing the Budget documentation and legals for the FY 1987-88 Budget. Simultaneously he is in the process of preparing for the close—out of the current year FY 1986-87 Budget. The audit for the FY 86-87 Budget will commence this Summer. Personnel Manager — The replacement for Doris Hartig's position, the Personnel Manager/Special Projects Assistant testing has been completed. I am not sure what Jill's decision is on the issue. Quite frankly, the pool of candidates was rather limited as to the breadth and depth of Cknowledge on personnel issues. Two finalists do remain under Page eight Executive Summary May 1987 consideration pending the outcome of the final interviews. We expect to give a hire or reopen in June. If the position is reopened, we will use consulting assistant over the course of the Summer for the salary savings. Volunteer Awards Dinner? — Staff has still not received any comments from Council about scheduling a volunteer appreciation or awards dinner. Perhaps this might best be accomplished sometime this Fall. Jill will be contacting Council in this regard. Police Contract Arbitration — The City is in the process of implementing the arbiter's decision which was reviewed by Council in Executive Session. We are waiting for final contract documents to be prepared and signed. Building Use Policy — The Interim Building Use Policy continues in effect. No progress has been made on drafting a final Building Use Policy due to Budget efforts. This item needs Council review and should be ready in July. Accounting Manager — The placement for Wayne Lowry, following his promotion to Finance Director, has been selected and will start work in June. Boardsmanship Workshop — The Board and Committee Training Workshop and a separate NPO Training Workshop were held this month. Jill will be contacting those who participated as far as suggestions for improvements. City Recorder — Loreen Wilson, our City Recorder, has had to take some medical leave for some surgery. Cathy Wheatley, Deputy City Recorder, has been filling in for Loreen in her absence. We look forward to Loreen's speedy recovery and return to us in June. Word Processing — Bev Straub, our Senior Word Processing Systems Operator, was hired away by the private sector to be a systems mr. nagcr of a word processing team. We are in the process of recruiting and will begin training a new senior operator there. I have asked Jill to take a look at the whole mix of clerical and secretarial support positions within her department as to making maximum use of all positions and hopefully providing for more depth in the word processing unit itself. Right now Word Processing Manager Sherrie Burbank is carrying the bulk of the production workload herself. BJ:mhl435p Attachment 4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8, 1987 DATE SUBMITTED: May 14 1966 ISSUE/AGENDA TITLE: Monthly Report PREVIOUS ACTION: May, 1987 — Community Dev. Dept PREPARED BY: William A. Monahan DEPT HEAD OKY ADMIN OK REQUESTED BY: OLICY ISSUE s INFORMATION SUMMARY Attached please find the Monthly Report for April 1987 prepared by the Department of Community Development. ALTERNATIVES CONSIDERED Accept and place in file. FISCAL IMPACT SUGGESTED ACTION Accept and place in file. C� (0950P/dOO22P) MEMORANDUM CITY OF TIGARD TO: Members of the City Council May 14, 1987 FROM: William A. Monahan, Director, 1 Community Development SUBJECT: Monthly Report — April 1987 The Department of Community Development reports the following April activity: Building Activity — was higher than the comparable period in 1986, however, below in revenues for building permits, plan check fees, and valuation. Thirty—nine single family permits were issued. Through April, building activity and revenues are running higher than 1986. Codes Enforcement — Vision clearance concerns continue to be the prime concern. Many vision problems have been corrected voluntarily. — Engineering Services — Fees were up dramatically in April, as expected, bringing the Fiscal Year level to almost the same level for the prior year. Several public improvements plans have been submitted which are now being reviewed, which should generate May and June revenue. Wastewater — the crews performed regular programs for maintenance purposes. Specific achievements: Sanitary sewer lines T.V. 'd 1,021 feet Sanitary sewer lines cleaned 6,478 feet Storm drains cleaned 2,662 feet Open ditch digging 420 feet Streets — regular programs continued. A large amount of time was devoted to the fabrication and installation of street signs in subdivisions. The brushing program also was increased, however, the sweeping program slowed down. The sweeper unit is experiencing mechanical difficulties. Parks — the City parks are now open, requiring extensive mowing and upkeep. Over 460 hours of Community Service help were donated to the City in parks. Curtis Spaan of the Parks crew taught two sessions of First Aid to City staff. Twenty-six City employees were certified following the training. Fleet Management — the majority of repair time was spent on Police vehicles as new patrol cars were delivered requiring set up. Building Maintenance — staff has worked with custodial service vendors to design a program or services to shift from a three to five day program. Planning — the first meeting of the City Center Plan Task Force was held. Support to this group as well as the Economic Develoment Committee has increased. (WAM:br/0950P/0022P) BUILDING SECTION — MARCH COMPA^ISON C_ Following is a comparison of building activity for April of 1986 and 1987: April, 1986 April, 1987 Single Family Permits 20 39 Multi—Family Permits (units) 0 0 Commercial Permits (new) 1 1 $ 15,837.50 Building Permit Fees $ 20,050.50 Plan Check Fees $ 11,969.53 $ 8,039.85 t Plumbing Permits $ 3,487.50 $ 8,222.50 Mechanical Permits $ 834.50 $ 1,649.00 Valuation $5,885,660.00 $3,409,586.00 CALENDAR YEAR Jan.— Apr._- 1986 Jan — Apr. —, 1987 Single Family Permits 145 152 Multi—Family Permits (units) 0 40 Commercial Permits (new) 9 11 Building Permit Fees $ 66,735.92 $ 72,673.50 Plan Check Fees $ 36,832.58 $ 37,819.29 Plumbing Permits $ 22,460.40 $ 24,731.50 Mechanical Permits $ 3,115.00 $ 6,929.50 Valuation $15,597,195.00 $16,257,770.00 FISCAL YEAR COMPARISON 1985/86 — 1986/87 July — April, 1986 July — April, 1987 Single Family Permits 287 343 Multi—Family Permits 16 66 Commercial Permits 26 26 Building Permit Fees $ 140,727.09 $ 163,691. 14 Plan Check Fees $ 73,410.07 $ 86,783.95 Plumbing Permits $ 44,745.46 $ 62,658.50 Mechnical Permits $ 8,235.65 $ 16,257.50 Valuation $32,572,286.00 $36,113,798.00 NOTE: Calendar Year 1986 and Fiscal Year 85-86 figures have been adjusted to correct errors. (br/0950P) u L .+ .4 N T .-4 ti O 0% .r 616 �I O O O O O g O O O O O O N O O1 M M O b M 117 M n M M O m Of b 01 M d d N M d d 111 M N ..1 N N M d M N A O 8 S Lon O O S L N Ln Ln IO 12 8 u C C� N N M N .4 N m n m %O C% .r f .1L6 d 0% 0� m 0% lO O M n n m Ln �D n m b U .4 N .-, .� N .� .-d pp p p p p p M .G N n N n n N N N 119 n n 1A b N a E 01 n O m n 8 b 0 0%1 b N d n M 1n N W 7 01 N n d 01 O+ d r+ N .+ N b N d m N .r f m b 07 m M N d b 1A m x H D J H � m Y M 1A n M d f N N M f O 119 b n d 0 U b 01 f 117 IA 47 f •r d n 1A d b b 07 m M 10 N 01 b n 07 01 f O LO 111 01 111 b 01 b M b b M O m O b m OI N M n f 111 N at at O M n - O b n 01 n •+ b M d d m M N 1A 01 M d w rr .� .r ..� .+ •� a Aj (..t 1O 8 01 Ill M 1O f O m O 1n $ g S 111 d 10 111 < N .� O n M 01 d n d d D1 d 1h n m .+ d &0 M m o+ m m %o M at .+ b O b m M 119 M 117 M m M M O m M n U7 O M b b 117 IA A d 01 b f 10 111 y .r .r .+ N .n N N N .� .'1 •+ N .+ m 8 8 8 8 8 8 8 8 C14 �O8 8 8 8 8 8 QQ 8 88 8 5 CI 01 01 'D b M M Ili N Q fn 119 v 01 M T IA O 111 d IO d < 0I M ID m n N n 01 6I b d O m M 01 d M d •+ O O 119 O m n b O n b M m m .+ n O N N b N 07 d N M M 117 N b b 117 N •+ ..1 N M M 111 M CL T L 17 L ,pqL� T L 1Ln L rt 01 t •+ n S 1] H E 15 t •y O d 27 p�7 ++ o p0 o n I u I 2 a y 7'7 C N O Z O .OI+I !moi )i 6 v f Kf ON OC4N N N poEE� .� .r U O O O O O b b b b b .fir N Q 8 .. r. %0 %D N N N rl N N N N O i ~(•n O� N elf Ln m N Oh N 0 .moi N �D .CD m-� �!1 CI M m N f CD N b N Ln co cn �y Ln yy .�y rl N N N M M M M f N N J 6 O h p MV M nknp p N 15 ! 8 O O ul m14 1fO) 11 N d out ODM co O a . f M N •� O n n O n b f O N T 1 s. 8 a v a a v v rn a pa N � 8 � Q! ccA N O N O n n 0 n N n d mC4 O M a m n n b m M 8 m N b N O cc P N M b M N b n O. d N Of N n N O b b f n O f Obi N .� .w N Cl M f f to b b n N Y ' n N 45 w O U b O .Ni b O N �o O) M b U7 f N OM O M N O; b b 1l1 CD O n d OD N rl CD b S b m m n f n m n Ln b m In d %O N %O LO g M n d O N M CL .w N kn n m f W O� O� .+ •� E �pn f 8889 O m M J1 0 b m m O N N .w M N b M a O b n f N b O f m Q1 n M n M n co b M .r bb O n M Ol f d co co y .. M f b m O m N n m m a b O b N .+ .-. .. .-. .. r. .+ .. M 0 n m 8 O O O O O O O O O O 8 . O O O 8 N M O� m O n n O Co m n O Oi Ct dt ll N d O) M Oi A Of N n N b b a m n O m n b .+ .r n O 0 'O n m �n %O f Ln j n f n In f N It O n O Of O b Of m N .+ N m b .N 40 N .fir rl N M m m f f f L � d T to O 210, L a L Lp �0 7 U +�+ O T 7 Y O d dU co c OI h 4�. 9 CL Q > h h 6 N NI O Z D .�+I h U. 9 6J2 AORtl- 7 Iq ,OQ b CITY OF TIGARD, OREGON MEMORANDUM 7O: Honorable Mayor and City Council June 1, 1987 FROM: Marcha K. Hunt j SUBJECT: COUNCIL MEETING CALENDAR UPDATE Date Meeting Where June 1 Mon NO CITY COUNCIL MEETING June 4 Thurs 7:00 Wa. Co. Pub. Officials Caucus (Tigard Hosts) THR June 5 Fri 12:00 2nd Annual Mayor's Business Roundtable Embassy Suites Suites June 5 Fri 7:00 Chamber First Niter THCR/THR *June 8 Mon 6:30 Study Session/7:00 Business Meeting THCR *June 9 Tues 5:30 Executive Session—OPEU June 10 Wed 12:00 Noon Mayor's Wa. Co. Caucus Salem, Rm. 357 *June 15 Mon 6:30 Study Session/8:00 Study Agenda Meeting THCR/THR *June 22 Mon 6:30 Study Session/7:30 Business Meeting THCR/THR *June 26 Fri — Silver Falls 28 Sun Council Training Workshop June 29 Mon NO CITY COUNCIL MEETING July 4 Sat FIREWORKS July 6 Mon 4th OF JULY HOLIDAY—NO CITY COUNCIL MEETING Salem, Rm. 357 July 8 Wed 12:00 Noon Mayor's Wa. Co. Caucus July 9 Thurs- 10 Fri Timothy Lake Conference THCR/THR *July 13 Mon 6:30 Study Session/7:30 Business Meeting *July 20 Mon 6:30 Study Session/7:30 Study Agenda Meeting THCR/THR July 23 Thurs— Embarcadaro 26 Sun Oregon Mayor's Association Meeting July 25 Sat Cruisin' Tigard THCR/THR *July 27 Mon 6:30 Study Session/7:30 Business Meeting July 31 Fri Movers and Shakers Golf *Aug 3 Mon 6:30 Study Session/7:30 Business Meeting THCR/THR Aug 8 Sat City Picnic Cook Park *Aug 10 Mon 6:30 Study Session/7:30 Study Agenda Meeting THCR/THR Aug 12 Wed 12:00 Noon Mayor's Wa. Co. Caucus Salem, Rm. 357 Aug 17 NO COUNCIL MEETING Aug 24 NO COUNCIL MEETING 4$Aug 31 Mon 6:30 Study Session/7:30 Business Meeting THCR/THR Sep 7 Mon NO COUNCIL MEETING *Sep 14 Mon 6:30 Study Session/7:30 Business Meeting THCR/THR *Sep 21 Mon 6:30 Study Session/7:30 Study Agenda Meeting THCR/THR Sep 25 Fri — 4th Annual Mayor's Invitational Football Eugene 26 Sat Weekend *Sep 28 Mon 6:30 Study Session/7:30 Business Meeting THCR/THR Dec 12 Sat — 16 Wed National League of Cities Annual Conference Las Vegas 'xOFFICIAL COUNCIL MEETING mh/1300p W1 a a a m r+ N N LI a IE0 CL N x U M (cc J M CL CE cz CL F W O F ce ° H ¢ S a 8 CLlc IC6Ts CL Lu ¢ ¢ O f! W cm LI LL O e0 ec 2 } el w W ¢ O W N 2 ¢6 2 o 6 a co ¢ x 2 N C � J �N WI u I' IV d ix O (� a (cc ocO O m 1v. O {i,�,.) 0 CL ¢ �� IW �¢ S \ O O • xa7 0. M N 1.. �ItoI y3 lag to o I'w Iw I� W J O W O W W O a 8 ' J M LL LL 04 c c cc le N � IOi. 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W x W W J = a U) I o~c w S M Y W 2 W ~ N aI � INi 81 x n � CL Lu mlH y � I W F- O 3 t; m y m M Y N {e7 N 1E I M W z W + K I IH ., a g `; i CL NI CL c OZ N W U n 6 I M I N W � ~ U tc�d��7 LL ►mil N I ( V V I Y w Z COL • M Lo 0 so s•+ 3 m u co 3 w L y 3 0 CL 41 LO • 0 w r E R +L+ O 7 y E w d N p M L fi U N -C T 9 W� fc .^' C • 7 p y w o s c ¢ t7 a r * 0 10 v E L Y 4 C C O1 C C T w c s e • t o o c v ' 2 o o U 6 U D LL 6 W v m U U n • • • • • • • ani • • • • • m ' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8 1987 DATE SUBMITTED: June 1, 1987 ISSUE/AGENDA TITLE: Noise Abatement PREVIOUS ACTION: Report — Dahlstrom PREPARED BY: William A. Monahan DEPT HEAD OK 41l CITY ADMIN OK REQUESTED BY: POLICY ISSUE Mr. John Dahlstrom requested that the City investigate a noise complaint related to the Cyclone Band, INFORMATION SUMMARY Community Development staff investigated the problem and are now monitoring the situctticn with the assistance of the Police Department. The attached memo reports on the status. It appears that the Section 7.40.160 of the TMC should be evaluated to determine if other maximum noise levels are needed. ALTERNATIVES CONSIDERED 1. Accept and place on file. FISCAL IMPACT SUGGESTED ACTION Staff suggests that the memo be accepted and placed on file. We will continue to monitor the problem on a complaints only basis. /3257P MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council June 1, 1987 FROM: William A. Monahan, Director, Community Development SUBJECT: Noise Abatement Report - Dahlstrom Cyclone Band Last month the Council received a complaint from Mr. John Dahlstrom concerning a continuing noise problem caused by the Cyclone Band. Since that time, Planning and Codes Enforcement Staff have addressed the problem. The status of the situation is: 1. Noise Issues - Ron Hansen, Codes Enforcement Assistant, contacted the Tigard Police requesting assistance in monitoring any noise complaint which occurs in the evening hours. As Ron's May 6 memo points out, the Police will respond to any complaint. One concern, however, is the condition of the City noise meter which has required some repairs. Ron spoke with Lieutenant Bob Wheeler regarding the complaints of noise coming from 11705 sib 92nd Ave. Officers have responded twice since his May 6th memo concerning this situation. The Police dispatch records indicate a complaint being received on May 18 and again on May 21, 1987. No sound meter readings were listed on the May 18 call, but were on the May 21st complaint. Ron spoke with officer Featherston on Thursday, May 25, and he said he recorded DBA levels in the mid 50' range at 7:42 PM. Officer Featherston said that DEQ's instructions for the soundmeter were to use the "A" reading setting. He said when he switched the soundmeter to the "B" or "C" setting, the meter read in the mid 70's range. Section 7.40.160 of the TMC provides for a noise limit of 60 DBA in the 7:00 AM to 10:00 PM time period. Therefore, on May 21 the ordinance was not violated. The additional readings by Officer Featherston at the "B" and "C" setting indicate that high levels of noise have been generated at the site which do not violate our code. I have asked Ron to investigate the meaning of the "B" and "C" settings and to determine if a code revision should be recommended. 2. Parking - Parking problems caused while the band is practicing will also be addressed by the Police when a complaint is received. 3. Business Tax and Home Occupation - If the band is a professional band operating from a residential location in Tigard, a business tax and home occupation permit are needed. If a home occupation permit is applied for, the City can set conditions including limitations on noise emitted from the site. Deborah Stuart of Planning wrote to the owner of the property on May 11, 1987 (copy attached). Deborah reports that a band member visited with her who claims that the band is not a professional band, therefore not in business. Mr. Fred Volz, the spokesman for the band, stated in a memo of May 14, 1987 that his group has attempted to cooperate. Memo to Members of the City Council (' June 1, 1987 Page 2 Without more definite proof that the band is a for—profit group, home occupation and business tax violations don't exist. Instead, we should continue to monitor only for the nuisance violation — excessive noise, and parking problems. Both are being handled by Police with the cooperation of Codes Enforcement. Attached are: 1. May 6 summary memo by Ron Hansen. 2. May 11 letter from Deborah Stuart to the owner of 11765 SW 92nd Avenue. 3. May 14 internal memo from Deborah Stuart concerning status of the rock band. 4. May 14 memo from Fred Volz of the band. 5. Sections 7.40.150 and 7.40.160 of the Tigard Municipal Code. I have requested that the Code Enforcement Staff review the noise level ordinance of other jurisdictions to determine if code modifications are needed. I will report back to you if further action is needed. /3257P i I i r MEMORANDUM CITY OF TIGARD, OREGON May 6, 1987 TO: Bill Monahan FROM: Ron Hansen SUBJECT: Noise from 11765 SW 92nd Avenue caused by music practice sessions (Cyclone Band) I became aware of this situation from Deborah'Stuart. She provided me with a copy of correspondence that had gone out trying to alleviate this situation by DEQ's Terry Obteshka. Sometime prior to April 24, 1985 the Department of Environmental Quality received a complaint on noise caused by a "rock band" practicing in the garage at 11765 SW 92nd Avenue. A letter was sent to the "Cyclone Band" at that address notifying them of the complaint and asking for compliance with noise limitations set by the Department of Environmental Quality. Mr. Obteshka mailed a second letter, "NOTICE OF MIO_ LATION", on February 27, 1986 concerning a sight visit investigation conducted February 24, 1986 at 11765 SW 92nd Avenue. During this sight visit, Mr. Obteshka from SW 92nd verified noise levels ranging from S6-63 DBA's emanating from 11765DEQ's and Tigard's noise limits are as follows: 60 DBA - 7 AM - 10 PM 55 DBA - 10 PM - 7 AM This letter does not indicate the time of day the recordings were taken, however, the 63 DBA level recorded is a definite violation regardless of the time of day. This NOTICE OF VIOLATION letter indicates in the body that literature concerning soundproofing was also included plus Mr. Obteshka offerred to discuss the situation by phone or in person. Mr. Obteshka of the DEQ received additional complaints prompting another sight visit on April 17, 1986 at which time noise levels of 53-70 were documented. Phone contact was made by Mr. Obteshka which Fred Voltz, "Cyclone Band," on April 30, 1986 to again discuss the noise problems that were in fact getting louder than on February 24, 1986. On May 5, 1986 a certified letter "Final Request for Compliance" was mailed to Mr. Fred Voltz, "Cyclone Band." This letter spelled out in the body possible soundproofing that might be installed to reduce noise. Mr. Voltz was asked to contact Mr. Obteshka by May 16, 1986 with an acceptable compliance plan. In April 21, 1987, almost eleven months later, Deborah Stuart received a petition letter signed by nine families in the general area. The letter The author indicates the lack of follow-up in the form of a citation by DEQ. of this letter, Mr. John Dahlstrom of 11740 SW 92nd Avenue, Tigard, also includes photos of a parking problem at the residence in question. Mention was also made of the Tigard Police Department's lack of concern regarding the noise complaints, etc. NOISE COMPLAINT MEMO Page 2 _ May 6, 1987 I contacted Lieutenant Bob Wheeler on May 4, 1987 concerning this ongoing problem. We talked at length about what- had been done and what should be done to get some satisfaction for the neighborhood. Bob Wheeler and I agreed that the best approach would be the direct approach. As the "Cyclone Bank" and/or Mr. Voltz have had sufficient information and time to comply (two plus years) the City of Tigard Police Department will dispatch an officer with a sound meter upon receipt of the next notification of noise coming from 11765 SW 92nd Avenue. If the noise exceeds the limits set by DEQ for the time of day the complaint is received, a citation will be issued on the spot! The parking problems will also be monitored by Tigard's Police Department as this falls within their scope of responsibility. RH:cn/1420W cc: Deborah Stuart Lt. Bob Wheeler Brad Roast File z a t i CITY OF TIRD OREGON May 11, 1987 . 25 Veon;nl Sn eii-e l Ms. Diane M. Tierney 8205 SW Piute Court Tualatin, OR 97062 RE: Rock Band in an R-7 zone Dear Ms. Tierney: The City has received a complaint that a rock band is operating as a business from the residence you own located at 11765 SW 92nd Avenue. All businesses located in residences within City limits must have valid , business tax certificates and home occupation permits. Under the provisions set forth in Tigard Community Development Code Section 18.142.050(1) and ( 1) there shall be no other employees on the premises other than those wlio yrs• permanent residents of the dwelling and the use shall not require vtly additional parking other than that which is required for the residence. We have observed and have received complaints that band members do not .411 reside in the home and by parking in the public right-of-way create pnrktt%.Z problems. Therefore, the rock band is in violation of our home occupation. business tax and zoning ordinances and is not approvable as a home occupatiuu. If this is not the case, please provide me with documentation that the band is not being operated as a business and that it is not permanently based at the subject residence. Should you have further questions, please call me st 639-4171. Sincerely, Deborah A. Stuart Assistant Planner DAS:bsl443W cc: William A. Monahan Ron Hansen C David Lehr 13125 SW Hall Blvd-PO Box 23397.Tigard,Oregon 97223 (503)639.4171 ----- - a cle ZZ C. ro .��� ���, � i?�t.� /tilt L�-,^......-,c.� �, •Q> g-- All `� i r , �, 'La Cn GLL 1�7G{a �GJ G/v�i oLcic' i GLL- ����G:�- �GGJ/t� U��'aG� tel;• GLCC.C!/JG��CL%32� /1�2R,1u •y� sae i� dvr� � - OY<� Co�� fir` s u- J : a�z . ► yu� ,G�<<.=J, eJz �V U V, „y Vt- 5fe. ,e Al,,reos a 3 e-t��Kers��• ►. ,�u5 D,e�o"t �G w w-��� `po�"I"lu�l �1 Ll t0 D ei-oo' t e v"_ Gr i�5 /cam �D r wl�Le r 1'l a.aeLOu-� �occy — C[.&1”('E.VIA(Y G�o�/I'ifr� ��rf tirrcP .--C I��e v CD Vl Y��ct1 o yt 7. 40. 150--7 . 40 .180 • I • f Cat a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 S4(Exhibit C(6) (1) (b) ) , 1986) . from certain property. Except 7 40 150 Noise emanating provisions of as may be expressly al11owed pursuant to the Section 7.40.220, no person shawl cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in Section 7 . 40.160 , as measured at a point located twenty- fivethe noise-sensitive structure toward the noise source. (Ord. 86-20 54 (Exhibit C (6) (1) (c) ) , 1986) . 7 .40.160 Allowable noise limits. Allowable noise limits are as follows: Time Maximum Noise Level, DBA 7:00 a.m. 10:00 P.M. 6055 10:00 a.m. - 7:00 a.m. 1986) • (Ord. 86-20 S4 (Exhibit C(6) (1) (d) ) , 7.40.170 Noise--Exem tions to restrictions. The re strictions imposed by Sections 7.40. 140 through 7.40.160 of this chapter shall not apply to the following: a regular or (a) Emergency equipment not operating on scheduled basis; (b) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-5; (c) Sounds originating on construc.ction si`--=5 a sonably neessary• to the accomplishment of work in progress; provided, however, that no construction worand seven kamay, bexcapte carried on between the hours of nine p.m. for ublic health or safety is bona fide emergencies where the P threatened or which a special permit, g city ranted by the ceity council, has been first obtained. Any such special having rmit may be granted by the city council only held a hearing and having otherwise followed the administra- tive procedures contained in Chapter 18 .32 of operated lar odaeregu- (d) Emergency repair equipment not op lar or scheduled basis; (e) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. (Ord. 86-20 S4(Exhibit C(6) (1) (e) ) , 19 86) . 7.40.180 Jake brakes DrOhibited. No person shall operate w th n the city limits of the cit ofnown igard akeotor vehicle exhaust-braking system commonly brake." For the purposes of this section, the eaxcdeptions set forth in Section 7.40. 170 shall not apply, 87-2 (Tigard 8/15/86) t � • MIIKORANDUM CITY OF TIGARD, OREGON TO: Mayor, Council and nis for4 June 1, 1987 FROM: Chief of Police ttiv vtit SUBJECT: Dahlstrom Noise Complaint The Police and Community Development Departments have been exploring ways to resolve the neighborhood conflict generated by the bands' practice sessions in Mr. Dahlstrom's neighborhood. We have been in touch with Mr. Dahlstrom and assured him of our cooperation. We are periodically checking the neighborhood for illegal parking and have asked Mr. Dahlstrom to call us when illegal parking occurs. We have two problems in dealing with the noise complaints. First, the codes enforcement officer should be dealing with the noise complaint by measuring decibel levels at the time of occurrance to assure compliance to the code. The code violation is a civil infraction and as such should not be enforced by the police department. However, the practice sessions are held in the evening hours on an irregular basis, hours that the code enforcement officer is not scheduled for work. The Police Department has agreed to take noise readings and turn over the results to code enforcement for action. It does mean that the Police Department cannot take immediate action to stop a session that violates the code, if code violations do occur. Secondly, it appears that the sounds generated do not violate our code. We measure on an "A" decibel level scale and the band does not exceed the level allowed in the code. The Tigard code is based on the state and national codes, all of which use the "A" scale. To remedy that situation the Council will need to consider changing the code to measure on a "B" or "C" scale, which is not generally accepted as the proper scales to use. We have asked the City Attorney's Office to research this matter. We've also contacted the band to see if we could work out a cccnprcmise with the neighbors. It is our opinion that we are not going to make any headway in this direction. We are continuing to monitor the situation and are exploring options. Short of a change in the code, I'm not sure that there is much that can be done. t �a 2 JOHN A. DAHLSTROM 11740 S. W. 92nd Avenue Tigard, Oregon 97223 June 5, 1987 Deborah A. Stuart Assistant Planner Community Development Department City of Tigard 13125 SW Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 Dear hs. Stuart: In the six weeks since I last wrote to you I believe that diverse efforts have been made by the City of Tigard to bring about a cessation of the band rehearsals on SW 92nd Avenue. Despite these efforts, the band continues to play and is doing so even as I write this letter. At this point, I have little confidence that the city will succeed in eliminating this blight through the application of existing ordinances and zoning restrictions. Very probably, a resolution of the problem must await the promulgation of new laws formed specifically to address the problem of loud music. I have made this suggestion on a number of occasions to various members of the Tigard Police Department only to be told repeatedly that the prevent allowable maximum dba level cannot be lowered or the good people of Tigard will not be able to mow their lawns with the customary roar to which we are all accus- tomed. I have never been very impressed by this argument. As I stated to you in my letter of 5/21/87, the dba scale is technically inadequate to measure bass frequencies. Therefore, I contend that it makes no sense for the city to retain the dba scale as the standard by which the nuisance value of music is ascertained. In my negotia- tions with DEQ, I was told that the dbb scale is more accurately responsive to bass frequencies than is dba. I am therefore suggesting that the city enact a law which will specifically and drastically reduce the maximum sound level at which music can be played as measured by the dbb scale. Such a law would not pose technical difficulties, Deborah A. Stuart, Assistant Planner June 5, 1987 City of Tigard Page 2 since the same devices that measure dba are usually cali- brated to measure dbb as well. The dba scale would be retained as the standard of measurement for all other noise sources. This proposed modification in the lay would not only preserve the sanctity of the power lawn mower but also acknowledges the obvious fact that loud music is as much a social problem as it is an objectiona- ble noise source and is qualitatively different from the sounds which comprise the ordinary noise pollution of everyday life. I hasten to add that the proposed change in the noise ordinance which I have just outlined would not in itself be sufficient to eliminate the attendant problems caused by band rehearsals in residential neighborhoods. If, for example, the band on SW 92nd Avenue elected to conform to a reduced noise standard as measured by dbb, the neigh- borhood would still be saddled with ongoing traffic con- gestion and parking problems. Therefore, new, more re- stricted zoning ordinances are also needed to preclude this eventuality. In closing, I wish to remark that the citizens of the SW 92nd Avenue cul-de-sac are still waiting for the city to respond effectively to their petition. I wish also to point out that we do not feel that city government has the option to move less than vigorously to resolve the legiti- mate problems of its citizenry. We expect resolute action from the City of Tigard which will eliminate the problem of band rehearsals in our neighborhood. Ver truly yours, John A. Dahlstrom JAD:ck i Og03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY - CONTRACT REVIEW BOARD AGENDA OF: June 8 1987 DATE SUBMITTED: May 29, 1987 ISSUE/AGENDA TITLE: Bid Award For PREVIOUS ACTION: North Dakota/115th Avenue Project PREPARED BY: Randall R. Wooley DEPT HEAD OKE CITY ADMIN OK REQUESTED BY: POLICY ISSUE Bid award for North Dakota Street and 115th Avenue Intersection Improvements. INFORMATION SUMMARY The project provides for realignment of a portion of North Dakota Street and reconstruction of the intersection to improve safety and reduce motorist confusion. On May 28, 1987, we opened bids for construction of the project. Seven bids were received, as follows: 1 . Mocon Corp. , Salem $ 96,624.90 2. Quality Rock, Beaverton $100,711.80 3 . Ken Hood Const. , Milwaukie $115,553.60 4. Oregon Asphaltic, Portland $117,926.00 5. Eagle-Elsner, Tigard $118,076.70 6. Clearwater Const. , Portland $124,306.00 7. Bones Const. , Aloha $127,710.76 Engineer's Estimate $108,569.25 ALTERNATIVES CONSIDERED 1. Award of the contract to the low bidder. 2. Rejection of all bids. FISCAL IMPACT Funds for this project are included in the Streets C.I.P. budget. The low bid is within the project budget. i SUGGESTED ACTION That the Contract Review Board authorize a contract with the iow bidder, Mocon i Corporation. i C. /32511P t €i i yp0•SG Vt ``' CSCHOOL N< Cr LT ,> �p gS• fil o 11 T. C LT:-� SW. aW. :N I•E PL M, 0. S.W. KiGER � g'TfRy `" �• DR. 9.W. u--► aW. PL. < / 3 •S.W.�'�(�`� �, LONGHORN a IN DR. / _SN Cron ; :> SARAT GP y r S.W. LN. 9 ; / so.-Rr vi S.W. c�< BORDERS m • BAY �. �.4' S.W. NEW. O CLNAPS S.W. n a1LKENS L ` \ MALL ST FOREST z W I 'W Qom.g DR W. LNCT W Gt, W LCT. ` ) S.W. �,LEHMANN ST. APP ALo09A Pl. ;c EBB S.W. PIMLICO TERROW.. a t. S• AS NAA CT Ori vi e3f CT R. i4F1E P• () I !c S.W. CORAL ST. IB CONE 176 s .W DR. ER �'�7 S.W. J� ? Lj' N J! 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W CT. i T' 3 f.w. DAMN ~e . �• 3/ ; 9.w. « BATTLER CT- 3. i1:< S.w. OR MEW « f S.W. 941h S.w. wESTWCT , �- a AVE _CT. W��X 9 NE tT w S.w. KABIE ST v' O'0' OR E Yo SWMALOERSROOPK E S.W. HIGHLAND C.��" d J a !)r ? t w�ILLOwBRO`OK C�ENI.EAF P�' NAMIE 5M _gEa.«�at;. S. S.w MAM T C S.W. ; N S.W. s.w. A Ag 1q. qCITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 8, 1987 DATE SUBMITTED: _May 18, 1987 ISSUE/AGENDA TITLE: Police PREVIOUS ACTION: Dis tchin n - Sherwood PREPARED BY: David C Lehr DEPT HEAD OK ' CITY ADMIN OK REQUESTED BY: David C Lehr POLICY ISSUE Whether the City of Tigard should contractually provide police dispatching services to the City of Sherwood. INFORMATION SUMMARY The City of Sherwood is ending its contractual arelationship with the Tualatin Fire ; Protection District for dispatching services. The City of Sherwood is desirous of having the dispatch function provided by another agency, and has requested a proposal frau Tigard Police Department. The Sherwood City Council has instructed the Sherwood staff to pursue a contract with the City of Tigard for police dispatching service. Continued provision of dispatching service to Sherwood would be subject to year-to- year review and adjustment of the cost of providing service dependent on Sherwood's call volume and Tigard's dispatching cost. The Police Department would recatmend support of the prposal in a spirit of inter- jurisdictional cooperation and mutual benefit to both cities. ALTERNATIVES CONSIDERED 1. Ratify the contract with an effective date of 7/1/87 and a termination date of 6/30/88. 2. Renegotiate the contract. 3. Deny the ratification of the contract. FISCAL IMPACT 1. $5,525 annual revenue to the City. 2. ? 3. -0- SUGGESTED ACTION Staff reoatmends adoption of Alternative #1. TIGARD/SHERWOOD POLICE DISPATCH AGREEMENT This AGREEMENT is made and entered into on the later date by which it is approved by the governing bodies for the respective parties, by and between the City of Tigard, herein after referred to as Tigard, and the City of Sherwood, herein after referred to as Sherwood, pursuant to the provisions of the Inter-Governmental Cooperation Act, ORS 190.003 through 190.250. Each of the parties is a municipal corporation of the State of Oregon. WHEREAS, Tigard operates a police dispatch center as part of Tigard Police Department, and WHEREAS, The Tigard Police Dispatch Center enables Tigard to receive and to transmit information by means of radio or telephone to police agencies other than Tigard, and WHEREAS, Sherwood desires to avail itself of said service and Tigard is willing to provide such service pursuant to the provisions hereinafter contained, NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is mutually agreed as follows: 1.0 DUTIES OF TIGARD AS IT RELATES TO LAW ENFORCEMENT DISPATCH: 1.1 To provide a dispatch center together with all the necessary labor and supervision, sufficient to dispatch Sherwood Police Services upon requests f,), -irk gPrvice in the corporate limits of Sherwood, and to operate and maintain such radios on the frequencies assigned to Tigard Police and other equipment and supplies as may be necessary to provide dispatch service. 1.2 To dispatch accurate and complete incident information as received by the dispatch center from both emergency and non-emergency requests for police service. 1.3 To alert and/or dispatch additional assistance units from Sherwood or adjacent departments as requested or required. 1.4 To keep track of the status of Sherwood in-service units and monitor their welfare at the scene of potentially dangerous situations. 1.5 To provide Sherwood Police Officers with direct and immediate access to information from local, state and national law enforcement computer data systems to obtain or determine: 1.5.1 Wanted status on subjects and/or vehicles. 1.5.2 Vehicle registration information. 1.5.3 Driver's license information. 1.5.4 Computerized criminal history information. 1.6 To verify by telephone or radio anywhere in the United States the accuracy of information concerning arrest warrants, and stolen vehicles and property, and to enter sufficient information into LEDS indicating that an arrest has been made, or that vehicles or other property has been seized. AGREEMENT - PAGE 1 1.7 To provide •a 24 hour continuous time recording of the radio and telephone communications in the dispatch center and to assure that recording tapes are stored and maintained for a minimum of 180 days. 1.8 To act as intermediary between Sherwood law enforcement officers, other law enforcement agencies, and other emergency services providers as required. 1.9 To make telephone calls for Sherwood Police personnel as required to aid at the scene of law enforcement activities. 1.10 The personnel providing the dispatch services under this Agreement shall at all times and for all purposes be and remain employees of the City of Tigard. Tigard agrees to indemnify, hold harmless and defend Sherwood from any assertion of or a determination of liability resulting from any change in such an employee's work assignment, including, but not limited to, a reduction in hours worked or termination. 2.0 DUTIES OF SHERWOOD AS IT RELATES TO LAW ENFORCEMENT DISPATCH 2.1 To advise and provide Tigard Police Dispatch Center of the corporate boundaries of Sherwood and to keep Tigard Police Dispatch Center advised at all times of any changes in such boundaries. 2.2 To provide Tigard Police dispatch Center with written operating procedures for the appropriate handling of all law enforcement related calls occurring within the corporate boundaries of Sherwood. 2.3 To keep Tigard Police Dispatch Center advised at all times as to the area of responsibility and status of Sherwood law enforcement personnel for police matters. 2.4 To provide and maintain at its own expense adequate radio receiving equipment to permit the reception of calls from the Tigard Police Dispatch Center to Sherwood Police units and personnel. 2.5 To provide and maintain at its own expense adequate telephone equipment within its control for the handling of non—emergency telephone requests for police assistance directed to Sherwood on a seven digit telephone number. 2.6 To provide an additional phone line into the Tigard Police Dispatch Center if determined necessary by mutual agreement. 2.7 Sherwood shall assume liability for the direct payment of salaries, wages or other consideration or obligation for Sherwood employees only, and shall not be responsible for any salaries, wages or any other compensation or obligation due to injury or sickness of any Tigard employee. 2.6 Sherwood shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to maintain and carry out the duties of Sherwood as herein described. AGREEMENT — PAGE 2 3.0 DISPUTES 3.1 An advisory committee will be established with representation from Tigard Police, Sherwood Police, and Tigard Police Dispatch Center. This committee will be responsible for advising the Chiefs of Police of Tigard and Sherwood in establishing mutually acceptable operating procedures for the Dispatch Center as it relates to dispatching for Sherwood. 3.2 Disputes or conflicts regarding the dispatch of Sherwood police which cannot be handled at the shift supervisor/'support services manager level, shall be resolved by the Chiefs of Police of Sherwood and Tigard. 4.0 PAYMENT 4.1 Tigard will charge and Sherwood will pay for police dispatch services based upon the number of calls for service and operating costs of the Tigard Police Dispatch center as set forth herein. "Calls for services" will be defined as including: Responses to citizen requests for service, and officer initiated activities, including traffic stops, and cover or assist calls. "Calls for service" shall not include administrative transmissions (in service, out of service, meal breaks, etc.). 4.2 "Calls for service" data shall be determined from Tigard Police Dispatch Center Records. 4.3 Charges for police dispatch services shall be determined through the use of the formula and method, described in exhibit "A" which is attached hereto and incorporated by reference. 4.4 Increases or decreases in operating costs shall be based only upon increases or decreases in the number of calls for service and/or operating costs of Tigard Police Dispatch Center, including hours and wage rates for clerk dispatcher and support services manager, over—time, call back, office supplies, and telephone charges. 4.5 All payments shall be made at the beginning of and on a quarterly basis by Sherwood to Tigard during the term of this contract. 4.6 For the fiscal year July 1, 1987 thru June 30, 1988, the quarterly payment shall be based upon the estimated number of calls for service according to Sherwood's calculations. AGREEMENT — PAGE 3 4.7 For each fiscal year commencing July 1 after June 30, 1988, the quarterly payment will be based upon the average number of calls for service received each month for the period of the proceeding July through February. This information along with the most accurate and current operating costs shall be transmitted to Sherwood by March 10. The contract rate for such fiscal year shall be based upon the average umber of calls for service received each month as previously calculated and the actual operating costs as of June 1 expected to be paid during such fiscal year. The contract rate shall be transmitted as soon as it is available. 5.0 HOLD HARMLESS 5.1 Tigard and Sherwood mutually covenant and agree that neither party will insure the actions of the other, but rather each party will assume its own responsibility in connection with any claims made by a third party against Tigard and/or Sherwood. If the acts or omissions of the agents, employees, volunteers or other officers of Sherwood are the cause of any claim, action, damage, loss or expense brought against Tigard, Sherwood will indemnify, hold harmless and will assume full responsibility for dafense of said claim or action. If the acts or omissions of the agents, employees, volunteers or officers of Tigard are the cause of any claim, action, damage, loss or expense brought against Sherwood, Tigard will indemnify, hold harmless and will assume full responsibility for the defense of said claim or action. 6.0 EFFECTIVE DATE AND RIGHT TO TERMINATE 6.1 The parties' performance under this contract shall begin on July 1, 1987 and run through June 30, 1988. 6.2 Unless notice of termination or non—renewal is given, THIS CONTRACT shall remain in effect until the end of the fiscal year in which both parties have signed and will be automatically renewed for successive one (1) year periods effective on July 1 of each year. 6.3 This agreement may be terminated by either party for any reason upon ninety (90) days prior written notice. Should either party desire to not renew this agreement, ninety (90) days prior written notice to that effect shall be provided to the other party. 7.0 WHOLE AGREEMENT 7.1 THIS CONTRACT contains the entire agreement between parties and supersedes any and all other agreements, written or oral, expressed or implied, pertaining to the subject matter hereof. 7.2 THIS CONTRACT is subject to all applicable public contracting laws, municipal finance and constitutional and charter debt limitations of the parties and of cities generally, and is subject to funds being appropriated therefore. 1 AGREEMENT — PAGE 4 IN WITNESS WHEREOF, -the parties have caused this agreement to be executed by the duly authorized officers on the dates hereinafter written. CITY OF TIGARD CITY OF SHERWOOD By: By: Mayor Mayor Date: Date: ' By. By. City Recorder City. Recorder Date: Date: Approved as to form: Approved as to form: City Attorney City Attorney 0063C AGREEMENT — PAGE 5 :a ATTACHMENT A FORMULA USED FOR DISPATCH COSTS TIGARD Total Calls for Service: 1,375/mo. Total Dispatch/Teletype/Clerical Hours: 115 hrs./mo. ** Amount of time spent per call by dispatcher is 5 minutes total for all services — average only. Based upon department statistics and survey. SHERWOOD Total Calls for Service 300/mo. Total Dispatch/Teletype/Clerical Hours: 25 hrs./mo. (300 calls = 21.8% of 1,375 total Tigard calls per month) (21.8% of 115 total Tigard hours = 25 hours per month) ANNUAL OPERATING COSTS RADIO/TELEPHONE POLICE DISPATCH SYSTEM FOR THE CITY OF SHERWOOD 1. Police Clerk Dispatcher 25 hrs. @ $15.10/hr. _ $377.50/mo. x 12 = $4,530 2. Support Services Manager and Liaison (10%) 2.5 hrs. @ $22.15/hr. _ $55.37/mo. x 12 = 665 3. Overtime and Call Back — $1,100/yr. Total: 1 hr./mo. @ $15.10/hr. _ $15.10/mo. x 12 = 181 4. Office Supplies — $10/mo. x 12 = 120 5. Telephone Service Charges — Call Forwarding Capability to Business Telephone — $2.42/mo. x 12 = 29 — Additional Phone Line (if necessary — $60.28/mo. x 12 = (723)* $460.41/mo. — $5,525/yr. * To be added only if found to be necessary. 0063C AGREEMENT — PAGE 6 .3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: WS-2,7L DATE SUBMITTED: May 20th, 1987 ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: accepting Colony Creek Estates Subdivision PREPARED BY: John Ha man DEPT HEAD OKADMIN OK REQUESTED BY: Community De Dept. LICY ISSUE INFORMATION SUMMARY 1. Colony Creek Estates Subdivision is located east of SW Hall Blvd. near the intersection of Hall Blvd. and McDonald Street. 2. Completion of the subdivision improvements was declared delinquent by the City and subsequently, to resolve such, a supplemental agreement between the developer and the City evolved. 3. All public improvements have now been satisfactorily completed, all financial responsibilities have been met and the project has satisfactorily passed a maintenance guarantee period. 4. Therefore, it is recommended that the City Council accept the public improvements, for City operation and maintenance responsibility, and authorize release of the guarantee bond(s). A' TFRNATIVES CONSTnRRED FISCAL IMPACT i SUGGESTED ACTION I PASS THE RESOLUTION TITLE: "A resolution accepting public improvements known as Colony Creek Estates Subdivision public improvements." Cf JH:bsl564W E 'r E E I * St ' ' r...r ��� L3Y9II�RN fT I - i7 as o0 4 © ' w a ,gene --1... ._ :r.-- SAL +Y f IT, //000 fT[•[ � n N!1 APE. RTLNLT• //.too g JIM r > - * w S.W. +, 1 S.W. fw LF 13LEWIS r.Rw M dd t• i, LL fT. Cuar. ,• V !LK w- yy'1 1 1 i Aw S.W. DON �� f� V •S fCO � �i�r�, ��' ��SV� ! / ♦ I jlRl 11 11 �c • 0 t ss � I �s•�.' tV' � io Y I1 II 1 V? v V 'E fL WILUM se 1"000 00, 050 11,500 6 r. • •�i i .T $ /3.000 a • o ■t ~ IT. f•1 tt fYIr LOM ,` /!•!Oo 7 cmmwf SIR 211 [DfcrooD fr. ► � � •/ ` S LCM CfMT( OR ft Ruvl(v ST- S.W. / 10,000• f. 75. Upon Itr DR. ST t L 1 •• • \ /• �'.' [IIOC 8 T. i fa S.W. 11•!00 8 vrw a• IM[t T aC[ � wfT. • . 1 IGL •F. j�y 1-� f.r. rerfRoo• • i ♦ E j i � • - -- « a C i w K LAN nw ! 11 /l,000 ' CT' l+ fEM.INf ! • w DR ftOrT[ CT It f.w afTTl[R TROSS ST. i 11 - Sw. MDDpVI[r � I j C 4 11 Lw cRaST.t i M II i .A j SO E d.l00 9 CAMria foRwdili—.�. L,aaLt fr �� - .y.r�tLr. •'� 1 I b� 1 j/ • •�'° ra • !i t s 1Sit IS ., � SVC 1, S . _ /•.d00 10 A� (_===- 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDAOF: ((/( ` DATE SUBMITTED: ISSUE/AGENDA TITLE: PREVIOUS ACTION: PREPARED BY: DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Budget Committee recommended spending $30,000 of Parks SDC funds on major parks equipment in FY 1987-88. The SDC bill, in the Legislature may outlaw such expenses. If Council wishes to continue the policy of some major park equipment purchased as a growth-impact item, the purchase should be made this FY 1986-87 year and the FY 1987-88 Budget adjusted accordingly. INFORMATION SUMMARY See Curtis' attached memos. ALTERNATIVES CONSIDERED 1. Purchase in 1987-88 as planned if allowable. 2. Purchase $32,173 of the $48,100 as planned but 2-3 weeks earlier in FY 1986-87. 3. General Fund expense in FY 87-88 if not allowed per ORS. FISCAL IMPACT $48,023 current estimate compared with $48,100 Budget. Appropriation authority exists in either adopted 1986-87 or under 1987-88 Recommended. Cash balances to be adjusted accordingly. SUGGESTED ACTION That Council approve Alternative #2 for Park Equipment purchase in FY 1986-87 of $32,173 per attached Resolution. B7:cn/1727W r CITY OF TIGARD, OREGON RESOLUTION NO. 87-4 x A RESOLUTION TRANSFERRING APPROPRIATION WITHIN THE PARKS SDC FUND BETWEEN THE COMMUNITY DEVELOPMENT PROGRAM AND THE CAPITAL PROJECTS/ALL OTHER PROGRAM. WHEREAS, the City of Tigard �udget Committee recommended spending $30,000 of Parks SDC Funds on major parks' equipment in 1987-88, and WHEREAS, such expenditures may not be allowed in 1987-88 pending the outcome r of certain legislation, and, WHEREAS, it continues to be the 'Council's policy to purchase growth impact capital equipment with SDC funds, an WHEREAS, the cost of such equipment has been determined to be $32,173 which may be ordered and received this fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Appropriations be transferred as follows: Adopted\ Transfer Revised Parks SDC Fund Community Development 17,000 \ 32,173 49,173 Capital Projects/All Other 83,000 \ (32,173) 50,827 Total 100,000 \ -0- 100,000 PASSED: This day of .\'.\1987. Mayor - City of Ti and ATTEST: ti City Recorder - City of Tigard BJ:cn/1727W RESOLUTION NO. 87- Page 1 MEMORANDUM 4 CITY OF TIGARD, OREGON TO: Bill Monahan via Clifford Scott June 8, 1987 FROM: Curtis Spaan SUBJECT: Equipment Purchases Fy 87-88 This report will summarize the expenditures in my FY 87-88 700 accounts. FY 87-88 FY 87-88 Budget Estimated 701 Land & Improvements Pole Shed Improvement $ 3,500 $ 3,000 703 Vehicles 3/4 ton 10,000 11,138 1 ton 15,000 15,935 $25,000 $27,073 705 Equipment (2) 36" mowers 5,000 (1) 2,400 (1) 18' utility trailer 3,200 2,000 (1) 66" aerator 2,400 2,350 (1) 60" production mower 8,200 5,100* (1) 56" production mower 6,100 $19,600 $17,950 Grand Total lig..100 JA,8023 CS:cw/4683A/2 *(1) 56" mower C.1-1 MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan via Clifford Scott June 8, 1987 FROM: Curtis Spaan SUBJECT: Equipment Purchases This is the information that Bob requested on my major equipment purchases. This information is in two parts: Equipments Costs and Funding Source. 1) Equipment Costs a. 1 ton flatbed dump with tow package $ 15,935 b. 3/4 ton pickup 11,138 C. 54" production mower 5,100 $ 32,173 2) Funding Source a. SDC Budget Authorization (86-87 or 87-88) $ 30,000 b. FY 86-87 610 Authorization Please note this money would normally be spent on June fertilizer order, so I will need my FY 87-88 adjusted so I can buy this material July 1. 2,173 $ 32,173 CS:cw/4683A cc: Cliff Scott Bob Jean NOv� tJ . Z MEMORANDUM CITY OF TIGARD, OREGON TO: City Council June 8, 1987 • FROM: Keith Liden, Senior Planner SUBJECT: Appeal of Sensitive Lands Application (SL 1-86 — Dr. Davis) On May 18, 1987, the Hearings Officer approved the above application was filed Davis property subject to conditions (see attached map). An appeal(attached) by several people who did not receive notice of the hearing due to errors in the surrounding property owners' list submitted by the applicant. Because of the lack of notice, the complexity of this case, and the 6+ hours of testimony, the staff recommends that the appeal be remanded to the Hearings Officer on June 25, 1987, to offer those people an opportunity to testify. (3285P) ■iIl�4l7 ���■■■�� Ilion■'o ii1111BIN /t r . \ = Ora11P. 7 Mal ' w � %I� � ■■ ■IIIIG ,. ti ` • ,:;� ,*- ■ 1� :1111 1 I _ _111 `� ■tom► . 1 �':� :1! ����� . • low, PIP �i■ ■:� Mills `ir r� . Bit mn !Among ME Ilion MINE IFFE wdWMU 111. ,►, t ..: . ,,■r MVV/. I*t*^ /p 10111, 1 �Ira 1', ■�I,'/ moi '' • :� .s.,,•� - ♦ ■ �! 1Waral , . ■ ai .of y-•• �'�Vie. ,� ��'!�'.�'� ._.-,,, j 'x ",�T � !�,�..t�,t�\\\ � I., � . + D Q Tigard City Council ' V,Q(9 Tigard City Hall 13125 S.W: Hall Blvd. K,►�k�\ P.O. Box 23397 Tigard, Oregon 97223 O May 26, 1987 DA Dear Sirs: We, the undersigned citizens, respectfully request the opportunity to be heard and lodge a formal protest to the application made by Eugene and Vivian Davis for a sensitive lands permit and zoning variance(Case # SL 1-86 and V 87-02). We further request the appeal fees be waived because as adjacent and affected property owners, we were not cognizant of Mr. Davis' proposal nor were we notified in any manner as to the proposed landfill and alterations of the flood plain and wetlands areas which directly affect our properties. We believe that neither the City of Tigard Planning Department nor the Army Corps of Engineers has adequately addressed the following issue: THE DRAINAGE DITCH! ! ! It drains from the Fred Mayer store area, under Hall Blvd. and runs behind and along our properties on S.W. Thorn and 89th Streets, and finally onto the proposed development areas. During heavy rains Ash Creek floods causing the water in the drainage ditch to back up and overflow, flooding every property but one on Thorn and 89th Streets. THIS IS NOT AN OCCASIONAL PROBLEM! !! IT HAS HAPPENED TWICE THIS YEAR ALONE!!!!! Mr. Davis, the applicant, is well aware of the flooding problems. His proposed excavation and fill project has been submitted to and rejected by the Washington County Board of Commissioners. His current .proposal to the City of Tigard is twice as large a project as was the last proposal rejected by the county. We believe it inconceivable, as well as unjust, that someone could fill up and develop a flood plain and wetland area and endanger the livability and rights of adjacent property owners, WITHOUT NOTICE to those same property owners, thereby depriving the affected property owners of their right to be heard on this issue. We further expected that by becoming a part of the City of Tigard, we would be treated fairly and accorded all benefits as due every citizen. Respectfully Submitted: 109 rz 222Z SkO , JkrVV` - Icraa�r�e►( ,�ir� b3° =10 5� U