City Council Packet - 03/24/1992
N CITY OF TIGARD i
OREGON
AGENDA
PUBLIC NOTICE. Anyone wishing to speak on an
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t . r r sheet(s). If no sheet is available, ask to be
• • 5'>N recognized by the Mayor at the beginning of that
W=~ ffl= waam"I
agenda item. Visitor's Agenda items are asked to be
two minutes or less. Longer matters can be set for
a future Agenda by contacting either the Mayor or
the City Administrator. `
• BOARD AND COMMITTEE INTERVIEWS (5:30 P.M.) - Mayor Edwards & Councilor Schwartz
• STUDY SESSION (6:30 P.M.)
1. BUSINESS MEETING (7:30 P.M.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
2. PROCLAMATION - NATIONAL COMMUNITY DEVELOPMENT WEEK - APRIL 20-26,1992 -
Mayor Edwards
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
4. 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:
4.1 Approve Council Minutes: March 10, 1992
4.2 Approve Formation of Reimbursement District for Sanitary Sewer on McDonald Street -
Resolution No. 92- 11
4.3 Approve Formation of Reimbursement District for Sanitary Sewer on Bonita Road -
Resolution No. 92-_!Z
4.4 Local Contract Review Board:
a. Award Construction Contract for 97th Avenue Bikelane Project to Northwest
Earthmovers, Inc.
b. Award Construction Contract for 1991-9c Pavement Major Maintenance Slurry Seal
Program to Asphalt Maintenance Associates, Inc.
C. Award Construction Contract for Pathways Near Metzger School to Benge Const.
COUNCIL AGENDA - MARCH 24, 1992 - PAGE 1
5. APPROVE FINAL ORDER - CPA 91-0002, 109TH AND NAEV/(E - AMENDING ORDINANCE
C NO. 91-22 TO PROVIDE ADDITIONAL FINDINGS IN RESPONSE TO A REMAND BY THE
LAND USE BOARD OF APPEALS.
a. Staff Report - Community Development
b. Council Consideration: Ordinance No. 92-.02
6. PUBLIC HEARING - STREET NAME CHANGE: RENAMING OF HART STREET AND
TOLAIND STREET TO BENISH STREET
a. Public Hearing Opened
b. Declarations or Challenges
C. Staff Report - City Engineer
d. Public Testimony -
• Proponents (in favor of name change)
• Opponents (oppose name change)
e. Council Questions/Comments
f. Public Hearing Closed
g. Council Consideration: Ordinance No. 92-a
7. PUBLIC HEARING - STREET VACATION FOR A PORTION OF S.W. CORAL STREET -
Located east of the intersection of S.W. Coral Street and S.W. Greenburg Road.
a. Public Hearing Opened
b. Declarations or Challenges
C. Staff Report - City Engineer
d. Public Testimony -
• Proponents (in favor of vacation)
• Opponents (oppose vacation)
e. Council Questions/Comments
f. Public Hearing Closed
g. Council Consideration: Ordinance No. 92-D_(°
COUNCIL AGENDA - MARCH 24, 1992 - PAGE 2
MEMNON=
8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0004 A proposal to consider
amending the Community Development Code pertaining to Temporary Signs (Ch. 18.114.100);
Balloons (Ch. 18.114.090); Sign Exemptions (Ch. 18.114.060); and Definitions (Ch. 18.114.015).
The proposal amendments will limit the number of temporary signs per business to one with a
maximum of 24 square feet of area; require a permit for all temporary signs; limit temporary sign
permits to be issued for periods no longer than 30 days and for a. maximum of three periods per
calendar year and include all temporary signs (banners, rigid, wall) to be within the same
classification. Provide for real estate signs not classified as a lawn sign; exempt temporary real
estate signs from the 10 day removal period and specify that temporary political signs shall be
removed ten days after the election to which they pertain.
a. Public Hearing Opened
b. Declarations or Challenges
C. Staff Report - City Engineer
d. Public Testimony -
• Proponents (in favor of amendment)
• Opponents (oppose amendment)
e. Council Questions/Comments
f. Public Hearing Closed
g. Council Consideration: Ordinance No 92
9. ORDINANCE CONSIDERATION - PARKING PROHIBITION ON S.W. 108TH AVENUE.
C a. Staff Report - City Engineer
b. Council Consideration - Ordinance No. 92
10. NON-AGENDA ITEMS
11. ADMINISTRATIVE REVIEW/UPDATE
• City Administrator
12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
13. ADJOURNMENT
ccaC'324.92
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COUNCIL AGENDA - MARCH 24, 1992 - PAGE 3
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Council Agenda Item off. l
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - MARCH 24, 1992
Note: Board and Committee Interviews were conducted from 5:30 p.m. ;
to 6:30 p.m. by Councilor Schwartz and City Administrator Reilly.
• Meeting was called to order at 6:40 p.m. by Council President
Schwartz.
1. ROLL CALL
Council Present: Council President John Schwartz; Councilors
Joe Kasten and Jack Schwab. Staff Present: Patrick Reilly,
City Administrator; Dick Bewersdorff, Senior Planner; Liz
Newton, Community Relations Coordinator; Tim Ramis; Legal
Counsel (arrived at 7:00 p.m.); Catherine Wheatley, City
Recorder; and Randy Wooley, City Engineer.
STUDY SESSION
> Council and staff briefly reviewed the agenda for the
business meeting.
> Council, by consensus, approved a request from the City
Administrator to solicit bids for the Summerlake
Restrooms/Picnic Shelter and for Pathway Projects.
Council will have an opportunity to review costs and
funding method at the time staff requests bid award.
> Metro Regional Growth Conference is scheduler) for April
21; registration deadline is April 10.
> Multi-Agency water.meeting is scheduled for April 16 at
7:00 p.m. in the Town Hall.
> A proposal for a driveway to Burnham Road adjacent to
recently purchased property (formerly known as the Tigard
Electric building and property) was reviewed. After
discussion, Council requested staff to develop cost
information (including estimates for right of way).
> Executive Session: The Tigard City Council went into
Executive Session at 7:10 p.m. under the provisions of
ORS 192.660 (1) (d), (e), & (h) to discuss labor
relations, real property transactions, current and
pending litigation issues.
CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 1
BUSINESS MEETING
The Business Meeting was called to order at 7:35 p.m. by
Council President Schwartz.
2. PROCLAMATION: National Community Development Week -
April 20 - 26, 1992. Proclamation was read into the record by
Council President Schwartz.
3. VISITORS AGENDA: None
4. CONSENT AGENDA: Motion by Councilor Kasten, seconded by
Councilor Schwab, to approve the following Consent Agenda
Items:
4.1 Approve Council Minutes: March 10, 1992
4.2 Approve Formation of Reimbursement District for Sanitary
Sewer on McDonald Street - Resolution No. 92-11
4.3 Approve Formation of Reimbursement District for Sanitary
Sewer on Bonita Road - Resolution No. 92-12
4.4 Local Contract Review Board:
a. Award Construction Contract for 97th Avenue
Bikelane Project to Northwest Earthmovers, Inc.
b. Award Construction Contract for 1991-92 Pavement
Major Maintenance Slurry Seal Program to Asphalt
Maintenance Associates, Inc.
C. Award Construction Contract for Pathways Near
Metzger School to Benge Construction - Resolution
No. 92-^13.
5. APPROVE FINAL ORDER -CPA_92-0002. 109TH AND NAEVE - AMENDING
ORDINANCE NO. 91-22 TO PROVIDE ADDITIONAL FINDINGS IN RESPONSE
TO A REMAND BY THE LAND USE BOARD OF APPEALS
a. Senior Planner Bewersdorff reviewed the Staff Report
which was submitted to the Council in their meeting
packet.
b. Councilor Kasten declared that he was not in attendance
at the March 10, 1992 hearing on this agenda item;
however, he advised he viewed the video tapes of the
Council meeting and that he would be able to judge and
vote on this subject.
C. ORDINANCE NO. 92-07 AN ORDINANCE AMENDING ORDINANCE 91-22
AND APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE
PLAN TRANSPORTATION MAP BY CHANGING THE DESIGNATION OF
NAEVE STREET FROM MINOR COLLECTOR TO LOCAL AND BY ADDING
A MINOR COLLECTOR CONNECTION FROM 109TH AVENUE AT MURDOCK
STREET TO PACIFIC HIGHWAY OPPOSITE ROYALTY PARKWAY AND A
LOCAL STREET CONNECTION BETWEEN 100TH AND 109TH AVENUES
NORTH OF HOODVIEW DRIVE AND DECLARING AN EMERGENCY (CPA
91-0002) REQUESTED BY NPO #6.
CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 2
d. Motion by Councilor Schwab, seconded by Councilor Kasten,
to adopt Ordinance No. 92-07.
The motion was approved by a unanimous vote of Council
present.
6. PUBLIC HEARING - STREET NAME CHANGE; RENAMING OF HART STREET
AND TOLAND STREET TO BENISH STREET
a. Public hearing was opened.
b. There were no declarations or challenges.
C. City Engineer Wooley reviewed the staff report as
submitted in the Council's meeting packet.
d. Public testimony: None.
e. Councilor Schwab noted that the Council received a
petition. It appeared that almost all affected owners
had either signed or given consent to the proposed street
name change.
f. Public hearing was closed.
g. ORDINANCE NO. 92-08 - AN ORDINANCE AMENDING THE NAMES OF
HART STREET AND TOLAND STREET TO BENISH STREET.
h. Motion by Councilor Schwab, seconded by Councilor Kasten,
to adopt Ordinance No. 92-08.
Motion was approved by a unanimous vote of Council
present.
7. PUBLIC HEARING - STREET VACATION FOR A PORTION OF SW CORAL
STREET: Located east of the intersection of S.W. Coral Street
and S.W. Greenburg Road.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Senior Planner Bewersdorff summarized the Staff Report as
submitted in the Council meeting packet.
d. Public testimony:
> Robert Blackmore, 851 S.W. 6th Avenue, Suite 1500,
Portland, OR 97204, advised he was an attorney
representing Progress Graphics. He reviewed with
Council their January request that Council go
CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 3
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forward with initiation of a street vacation. At
that time, it was important to move forward on this
request as quickly as possible because of timing of
financing. If the vacation does not become
mom effective before March 31, then refinancing of the
project becomes necessary which would mean
considerable expense to Progress Graphics.
Therefore, Mr. Blackmore requesting Council
approval of the vacation on an emergency basis.
In response to a question from Councilor Schwab,
City Attorney Ramis advised that it was within
Council's authority to approve the vacation on an
emergency basis.
e. Public hearing was closed.
f. ORDINANCE NO. 92-09 - AN ORDINANCE VACATING A PUBLIC j
RIGHT-OF-WAY LOCATED ON A PORTION OF SW CORAL STREET, IN
THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, AND
DECLARING AN EMERGENCY.
g. Motion by Councilor Kasten, seconded by Councilor Schwab,
to adopt Ordinance No. 92-09 and to declare an emergency.
The motion was approved by a unanimous vote of Council
present.
i
8. PUBLIC EO RING - ZONE ORDINANCE AMENDMENT ZOA 91-0004 A
proposal to consider amending the Community Development Code y
pertaining to Temporary Signs (Ch. 18.114.100); Balloons (Ch.
18.114.090); Sign Exemptions (Ch. 18.114.060); and Definitions
(Ch. 18.114.015). The proposal amendments will limit the
number of temporary signs per business to one with a maximum
of 24 square feet of area; require a permit for all temporary
signs; limit temporary sign permits to be issued for periods
no longer than 30 days and for a maximum of three periods per
calendar year and include all temporary signs (banners, rigid,
wall) to be within the same classification. Provide for real
estate signs not classified as a lawn sign; exempt temporary
real estate signs from the 10 day removal period and specify
that temporary political signs shall be removed ten days after
the election to which they pertain.
a. Public hearing was opened.
b. There were no declarations or challenges.
C
~
. CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 4
Y
C. Senior Planner Bewersdorff reviewed the staff report as
( submitted in the Council meeting packet.
Enforcement of the provisions of the proposed ordinance
would not require additional staff.
d. Council, during discussion on this item, noted their
uneasiness with the fact that there was no one from the
business community present to testify on these
provisions. Council consensus was to continue the
hearing to April 28, 1992 to allow additional time for '
interested parties to prepare testimony on this item.
Council requested staff make additional efforts to get
word out to the community on this issue.
9. ORDINANCE CONSIDERATION - PARKING PROHIBITION ON SW 108TH
AVENUE
a. City Engineer Wooley reviewed the Staff Report as
submitted in the Council meeting packet.
b. Council asked several questions to determine if there had i
been an inordinate amount of problems due to the parking
in the subject area. Each Councilor present expressed
reservations and concerns about setting a precedent for
establishing "No Parking" areas throughout the City.
After discussion, consensus of Council present was to set
this item over to April 14, 1992, in order to allow Mayor
Edwards and Councilor Johnson an opportunity to comment
on this issue. Council also expressed interest in
receiving comment from the proponents.
10. ADJOURNMENT: 8:14 p.m.
A es Catherine Wheatley, City Recor r
/ G(~ . 1
May , z-ty of Tigard
Date: N114 14z
cctnO324.92
CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 5
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice Tr 7196
BEAVERTON, OREGON Q7075
Legal Notice Advertising
FGJBLIC HEARIf~G
® City of Ti and • ❑ Tearsheet i
PO Box 2337 The following will, be corts%ddTe.d by the Tagard City; Coune on its
• Tigard, OR 97223 • ❑ Duplicate P 24 ,'1992;:at 7 30 P W- at_T'igard C viC C'ent~e Town:HallRboi>l,1s125
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AFFIDAVIT OF PUBLICATION Code and any ruies.,of pxocedure adptedl!y the Council ar+d"vailabtt at
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and 193.020; published at igard in the permit for all eemp6rM- Signs, Rik feYnpppr ty sagrY rmtits;e be Ysstted'
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a printed copy of which is hereto annexed, was published in the be:,within the sasrie classticatiot Praude fo> real estate sFg!lsI+ot4
elsslGed:as a lavtri sYgn, exempt tesnporary real esta sigq►miri the it0
entire issue of said newspaper forte-successive and d;ty removal IFerioii grid specify that temporary pplitieal rngns shall be
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TT7196 Publish ]Vi~rciz 12;1992 r':~
March 129 1992
Subscribed and sworn t before me this 12th day of March, 1992.
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Notary Public for Oregon
My Commission Expires: G~^
AFFIDAVIT
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice Tr 7175
BEAVERTON, OREGON 97075
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PO Box 23397 Os crr
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
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being first duly sworn, depose and saX hat I Irp the Advertising
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February 20 & 27
March 5 12, & 194 1992
Subscribed and sworn before me this 19th dU of March 1992.
0010
J Notary Public for Oregon
My CommissioL-741
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AFFIDAVIT -
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COMMUNITY NEWSPAPERS, INC' Legal
PHONE (503) 664-0360 Notice Tr 7205
P.O. BOX 370
BEAVERTON, OREGON 97075
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city of Tigard ® ❑ Tearsheet Nof ua, :can u _
PO Box 23397 $ 3
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March 19, 1992 r ` a
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19th da;~ r_ch~ 1992.
Subscribed and psworn before me this
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Notary Public for Oregon
M, Commission
AFFIDAVIT
Hill
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CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington )Ss
City of Tigard )
I, (,auqlb begin 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 a.,ta) H9:- {
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the day of rna~,«Q , 19 9
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. Washington Federal Savings Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
x Subscribed and sworn to before me this day of yy-,&Ae k , 194x.
OFFICIAL SEAL _
M. JOAN! HAYES
NOTARY PUBLIC-OREGON Notary blic for Oregon
COMMISSION N0.006513
MY COMMISSION EXPIRES MAY 5, 1995 My Commission Expires: rh &.A ~ t 44
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CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY CITY COUNCIL
1. Concerning Case Number(s): CPA 91-0002
2. Name of Owner: NA
Name of Applicant: Neighborhood Planning Organization #6 (NPO #61
3. Address NA City Tigard State OR Zip
4. Address of Property: NA
Tax Map and Lot No(s).; 2S1 10AC 2S1 LOAD 2S1 1ODB, 2S1 10DA, 2S1 IODD,_
2S1 IODC, 2S1 11CB, and 2S1 11BC.
5. Request: A request for a Comprehensive Plan Transportation Map 1
Amendment to change the designation of Naeve Street from a
minor collector to a local street and by adding a minor
collector connection from 109th Avenue at Murdock Street to
Pacific Highway opposite Royalty Parkway and a local street
connection between 100th and 109th Avenues north of Hoodview
Drive APPLICABLE REVIEW CRITERIA: Statewide Planning Goals
1, 2 5 9; Economic Implementation Strategy 19 and 12; Tigard
Comprehensive Plan Policies 1.1.1 a. 2.1.1, 8.1.1, and 8.1.2;
Community Development Code sections related to legislative
plan amendments. rd
6. Action: Approval as requested Q 2PIro ✓r 01-d.
Approval with conditions ct-"
Denial 0 `
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s) j
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: THE DECISION WAS SIGNED ON :M AI _ L I~Z , AND
BECOMES EFFECTIVE ON :Ma ,',A Z
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall,
P.O. Box 23397, Tigard, Oregon 97223.
A review of this decision may be obtained by filing a notice of intent
with the Oregon Land Use Board of Appeals (LUBA) according to their
procedures.
9. QUESTIONS: If you have any questions, please call the Tigard City
Recorder at 639-4171.
4
CITY OF TIGARD, OREGON
ORDINANCE NO. 92-0'7
i
AN ORDINANCE AMENDING ORDINANCE 91-22 AND APPROVING AN AMENDMENT TO THE TIGARD I
COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING THE DESIGNATION OF NAEVE STREET
FROM MINOR COLLECTOR TO LOCAL AND BY ADDING A MINOR COLLECTOR CONNECTION[S] FROM
109TH AVENUE AT MURDOCK STREET TO PACIFIC HIGHWAY OPPOSITE ROYALTY PARKWAY AND
A LOCAL STREET CONNECTION BETWEEN 100TH AND 109TH AVENUES NORTH OF HOODVIEW
DRIVE AND DECLARING AN EMERGENCY (CPA 91-0002) REQUESTED BY NPO #6.
WHEREAS, the request is to amend the Comprehensive Plan Transportation Map as
follows:
1) Change the designation of Naeve Street from minor collector to local.
2) Add an extension of 109th Avenue between Murdock Street and Pacific Highway
and designate 109th Avenue between Canterbury Lane and Pacific Highway as
a minor collector.
3) Add a local street [minor collector] connection between 100th and 109th
Avenues at a location north of Hoodview Drive, s
WHEREAS, on December 17, 1990 the City Council authorized NPO #6 to initiate
consideration of a Comprehensive Plan amendment focused on transportation issues
in the area of 109th Avenue and Naeve Street.
WHEREAS, NPO #6 has developed a proposal to address traffic concerns in the
Little Bull Mountain area.
WHEREAS, the Planning Commission heard the CPA 91-0002 proposal at its regular
meeting on July 22, 1991 and recommend[ s]ed approval and also recommend[s]ed
deleting the last sentence of note 10.
WHEREAS, the City Council adopted Ordinance 91-22 on August 13, 1991, approving
CPA 91-0002.
WHEREAS the Comprehensive Plan Transportation Map amendment was appealed to the
Oregon Land Use Board of Appeals (LUBA), LUBA. Nos. 91-133 and 91-137
WHEREAS, LUBA remanded the decision to the City for reconsideration on January
28-1992.
NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposal is consistent with all relevant criteria as noted below:
The relevant criteria in this case are Statewide Planning Goals 1, 2, 5. 9
Economic Implementation Strategy 1.
9 12, and Tigard Comprehensive Plan policies
1,1.1 a., 2.1.1, [and] 8.1.1_, 8.1.2 and applicable Community Development Code
sections related to legislative plan amendments.
The proposal is consistent with the applicable Statewide Goals based on the
following findings:
1. Goal 1, Citizen Involvement, is met because the City has an adopted citizen
involvement program which includes review of land use applications by
ORDINANCE No. 92-y7
neighborhood planning organizations. in addition, this proposal has been
reviewed in public hearings by the Planning Commission and by the City
Council for which the public has been properly notified.
2. Goal 2, Land Use Planning, is met because the City has applied all relevant
Statewide Planning Goals, City Comprehensive Plan policies, and Community
Development Code requirements in the review of this proposal. In addition,
as explained with reference to Comprehensive Plan policy 8.1.2. the City
has coordinated its plan with the plans of potentially affected
governmental units by soliciting from those governmental units comments on
the proposed amendment and considering any comments received,
3. Goal 5 Open Spaces Scenic and Historic Areas and Natural Resources is met
because:
a. Pursuant to the requirements of Statewide Planning Goal 5. the City of
Tigard has inventoried Goal 5 resources and designated in its
Comprehensive Plan those Goal 5 resources that it has determined to be
significant (Comprehensive Plan Vol I pp 94-109.) The City's
Comprehensive Plan including its Goal 5 provisions, were acknowledged
by the Land Conservation and Development Commission on October 11,
1984.
b. There are two derig ?ted Goal 5 resources that are within the vicinity
of the streets that are the subject of the proposed comprehensive plan
amendment: the Little Bull Mountain Natural Forest and the Kallstrom
Fir Grove (aerial phot graph. Exhibit A) The precise locations of
these resources were confirmed by the city's planning staff by,
comparing the descriptions of the resources in the comprehensive plan
with aerial photographs and observations from the ground. No other
ff- designated Goal 5 resources are potentially affected by the proposal.
The "summit of Little Bull Mountain" is mentioned as a "special area"
and an area of scenic value in the city's natural Features and Open
Space Comprehensive Plan Report. (See Comprehensive Plan Vol. I, p.
42) The summit area of Little Bull Mountain, however, was not
identified as a significant Goal 5 resource, with the exception of
those resources included within the designation of the Little Bull
Mountain Natural Forest, Therefore, Goal 5 is not applicable to the
general discussion of the summit area in the natural Features and Open
SRace Comprehensive Plan Report. Moreover, even were Goal 5
applicable there is no credible evidence that any of the asserted
Goal 5 resources of the summit of Little Bull Mountain would be
adversely affected by the proposed plan amendment.
c. The Comprehensive Plan identifies the Little Bull Mountain Natural
Forest as an area of mature coniferous trees on the west side of
Little Bull Mountain. (Comprehensive Plan. Vol.. I. P. 96.) The
forest was designated as a Goal 5 resource because it was determined
LEE to be "an outstanding_ scenic site," (Id.) The Comprehensive Plan
explains that the scenic value of the site stems from the visual
landmark provided by the large stand of mature coniferous trees at an
elevated location within the City.
d. The Rroposed comprehensive plan amendments do not adversely affect the
Little Bull Mountain Natural Forest. The forest is located on the
west side of Little Bull Mountain. As shown by Exhibit A and the
relevant planning maps and the documents describing the proposed
Him street alignments, the proposed local street connection between 109th
NoM
ORDINANCE No. 92- C-7
Avenue and IOOth Avenue lies entirely on the east side of Little Bull
Mountain. Thus, the proposed connection would not travel through the
forest or impact the integrity of the forest Moreover because the
forest is elevated, because of the topographv of the area because of
the low relief of the connection, and because few if any trees will be
removed, the connection would not interfere with any scenic views of
the forest.
ee. Similarly, as shown by the relevant planning maps and the documents
describing the proposed street ali ents the proposed extension and
realignment of 109th Avenue lies entirely to the east and south of the
forest Moreover, at its northern end in the vicinity of the forest
the proposed location of 109th Avenue is within its existing right of
way. Thus, the extension and realignment would not travel through the
forest or otherwise impact the character of the forest And.-again,
because of topography and the low relief of the street facilities
constructed as a result of the -:-.tension-and realignment the extended
and realigned street would not interfere with any scenic views of the
forest. For the same reasons any change in traffic patterns or
volume caused by the proposal including street reclassification
would not interfere with the views of the forest
f. The little Bull Mountain Natural Forest is designated as a Goal 5
resource solely for the scenic values provided by the mature
coniferous trees within the forest The forest is relatively small
and isolated: is adiacent to a major four-lane arterial Highway 99W:
and is surrounded by extensive urban areas that the Comprehensive Plan
has designated for more intensive development in the future The
Little Bull Mountain Natural Forest is not designated as a significant j
wildlife habitat area and wildlife within the forest was found to be
limited to small birds and animals Comprehensive Plan Vol 1 T).96),
Z. The Kallstrom Fir Grove is a row of mature Douglas fir trees located,
adiacent to 100th Avenue in an existing:- residential neighborhood The
grove is designated as "a significant Visual and Natural resource " ?
(Comprehensive Plan Vol 1 p 106.) These resources stem from the
visual landmark provided by the Douglas fir trees which are described
as "the only maior stand of Douglas Firs on the south side of Little
Bull Mountain." The only potential conflict that the Plan identifies
with surrounding land uses is the possibility that the trees might be
cut down to make wa for future develo went: Id.
h. The proposed comprehensive plan amendment could only have an adverse
effect on the scenic and natural values of the Kallstrom Fir Grove if
the proposed east-west connection between 109th Avenue and 100th
Avenue required the trees to be cut down or otherwise damaged the
trees. As shown on aerial photographs and by testimony at the
hearing, the grove is an east-west row of trees that would parallel
the proposed connection. Although the proposed plan amendment does
not specify the precise location of the future connection Exhibits A
and C. as well as testimony at the hearing demonstrate that the
future connection will lie within an area entirely outside the grove
and that the future connection can be located so as not to require
cutting or damaging the Grove There is ample room to place the
proposed connection up to several hundred feet from the grove and at
a sufficient distance to prevent damage to the trees or interference
with their scenic value. No other natural or artificial features
WoUld_constrain the location of the proposed connection within the
ORDINANCE No. 92-0
area designated.
Finally, even if, contrary to these findings, the proposed amendments
to the transportation plan were in conflict with the Little Bull
Mountain Natural Forest or the Kallstrom Fir Grove the conflict would
have been anticipated and resolved by existing provisions of the
Comprehensive Plan. All of the areas included in the Little Bull
Mountain Natural Forest and the Kallstrom Fir Grove are designated by
the Comprehensive Plan for future residential development. The Plan's
Goal 5 analysis notes that future development may create conflicts
with these designated Goal 5 resources (see Comprehensive Plan, Vol.
1. pp. 96-97, 106-107) and resolves the conflict as follows:
"The significant wooded areas are identified and mapped.
The polite of the City's comprehensive plan is that these
areas will be preserved in a natural state as much as
possible or integrated into the design of any development,
i.e. parking lot island building setbacks, street ri hg ts-
of-way and landscaping areas whenever possible. If it is
necessary to remove a portion or all of the trees, the
replacement landscape features shall be subject to approval
by the applicable approval authority." (Comprehensive Plan,
Vol. 1, p. 95.)
The Plan expressly requires that "development proposals in designated
timbered or tree areas be reviewed through the planned development
process to minimize the number of trees removed." (Plan Policy
3.4.2.b.)
h" j. Moreover, even with respect to development proposals that are not in
designated timber or tree areas, the Tigard Community Development Code
(TCDC) requires all new developments and major modifications of
existing developments to undergo site development review. See TCDC 6
18.120.180.A.1.1. These provisions require among other things, that
the tree removal be necessary and that the tree removal will not
adversely affect the aesthetic character of the area. See TCDC §
18.150.030.A.
k. The City's acknowledged Comprehensive Plan thus expressly anticipates
that development and in particular residential development and
associated roadways may create conflicts with the designated Goal 5
resources.in the Little Bull Mountain natural Area and the Kallstrom
Fir Grove Following the required Goal 5 analysis, however, the Plan
chose not to absolutely protect these resources but to conditionally
protect them by requiring scrutiny of development proposals to ensure
that the number of trees lost through development was minimized. For
these reasons even if, contrary to the findings above, the proposed
amendment adversely affected designated Goal 5 resources, the existing
Comprehensive Plan has anticipated and resolved any such conflicts
through the Plan and TCDC provisions regulating tree removal.
4. Goal 9 Economic Development Implementation Strategy 19 is satisfied
because:
a. The plan provides alternative and enhanced access for commercial
properties along, the east side of 99W south of Naeve Street.
ORDINANCE No. 92-01
r
Currently, these properties, which are the only commercial or
industrial areas directly affected by the plan amendment, have
unsignalized access to 99W. The Oregon Department of Transportation's
policy is to restrict direct access to 99W from individual Properties.
Under the plan, the properties can be developed with access to 99W via
the realignment and extended 109th Avenue, which will make use of the
existing signalized intersection at 99W and Royalty Parkway, .
b. The Oregon Department of Transportation and Metropolitan Service
District have been notified of the proposed amendment and have had the
opportunity to provide input. No comments were received from the
Metropolitan Service District or the Oregon Department of
Transportation (ODOT). ODOT had previously contributed, however, by
assisting the City in reviewing various access options in this area.
In fact. ODOT staff originally suggested that the City explore the
option of providing access to 99W at the existing signalized
intersection with Royalty Parkway. This suggestion was ultimately
incorporated into the proposed amendment.
5[3] Goal 12, Transportation, is met because the City has adopted policies
related to improving the transportation network and continuing coordination
of transportation improvements with other involved agencies. Furthermore.
the Goal is met for reasons discussed in conjunction with Economic
Implementation Strategy 16 and Policy 8.1.1.
The proposal is consistent with the City's acknowledged Comprehensive Plan based
on the following findings:
1. Policy 1.1.1 a, is satisfied because the proposed amendment to the
Comprehensive Plan will not affect compliance of the City's acknowledged
Plan with the Statewide Goals.
2. Policy 2.1.1 is satisfied because Neighborhood Piaiiraiilg Orga: izctio ~E6 and
#3 have been notified of the hearing and have commented on the proposal and
a public notice has been published including the date, time and place of
the hearing.
3. Policy 8.1.1 is satisfied because the proposed amendments to the
Comprehensive Plan Transportation Map plan for a safe and efficient street
and roadway system that meets current and future needs. A safe and
efficient transportation system is provided because:
a. The proposed amendment provides for current needs and is also planned
to accommodate traffic growth anticipated as a result of future
development in the area. In develoPinp: the plan amendment, the NPO
relied on traffic projections based on full development of the area in
accordance with existing zoning.
b. The plan provides for access to the arterial street system for both
existing and future development. It also Drovides for circulation
within the neighborhood without using the arterial street system.
c. The plan was coordinated with the Fire District and the Police
Department to assure that the plan provides adequately for emergency
vehicle access routes.
d. The plan eliminates the need for left turns at the existing
intersection of Naeve Street and Highway 99W, thereby reducing the
ORDINANCE No. 92-6_
safety concerns associated with the existing unsip:nalized
intersection The plan also eliminates the future need for a traffic
signal on 99W at Naeve Street. Reduction in the need for signalized
a. intersections on 99W is consistent with ODOT's standards for improving
and protecting the efficient movement of traffic on 99W as an Access
Oregon Highway.
e. Other locations were explored in coordination with the Oregon
Department Of Transportation (ODOT) for access from the study area to
99W The Royalty Parkway connection shown in the plan. which was
originally suggested by ODOT, and which is already a signalized
intersection appears to have the fewest traffic safety and traffic
operations concerns of all available locations.
f. Concerns were expressed at the hearing regarding the suitability of
soils along the planned street routes. The Comprehensive Plan
designates this area for residential development, including roads to
serve the development The Comprehensive Plan does not suggest that
the soils of this area are incapable of supporting roadways intended
for residential traffic because of soils, slopes, or other conditions.
The Council does not find that the concerns, which were unsupported by
any expert testimony or documents are warranted and concludes that
the proposed streets can be constructed in accordance with the
proposed plan amendment. Moreover, thee concerns are addressed at the
development stage through the street standards of the comprehensive
plan and community development code.
•g_ The plan provides alternative access for commercial properties along
the east side of 99W south of Naeve Street which presently have access
only to 99W Reduction in the need for direct driveway access to 99W
is consistent with ODOT's standards for improving and protecting the
efficient movement of traffic on 99W as an Access Oregon Highway.
h. The plan reduces the potential for through traffic in existing
residential neighborhoods-
i. The Transportation Map does not address the schedule for construction
of the various improvements indicated on the map. Implementation will
depend on where and when land development occurs and on the
availability of public funding for capital improvements. Off-site
roadway improvements are considered as part of the development review
process for land development projects and appropriate conditions of
development are ordered for each project. Public review and appeal
processes have been established as part of the development review
process in the Citx Priorities for funding of public proiects are
established annually by the City Council based on recommendations of
the Budget Committee and the Transportation Advisory Committee.
Moreover the Council finds from the evidence presented that the
timing concerns are unwarranted. The proposed plan amendment does not
generate or introduce any. new traffic within the area; it simply
reroutes traffic within the area. The proposed future connection
between 100th and 109th will provide an additional route for traffic
that would otherwise use parallel local streets that already connect
or are planned to connect 100th and 109th. Similarly. the extension
and realignment of 109th will redirect traffic from existing and
planned residential developments along 109th away from adjacent
residential neighborhoods and onto 99W.
ORDINANCE No. 92-0'7
Findings for a local street connection between 109th and 100th:
j_ As future development occurs within the study area an additional
street connection is needed between 100th Avenue and 109th Avenue to
S minimize the traffic impacts on existing east-west residential
streets.
k. The projected traffic volume of the proposed street connection is in
the middle of the range for local streets as suggested by the
background documents of the Comprehensive Plan (700 vehicle trips per
day projected: range is 0 to 1500 trips per day) The proposed street
connection is intended only to relieve traffic volumes on adjacent
local-streets. The proposed street connection will not generate or
introduce additional traffic within the area.
1. The general location shown on the plan is the only location available
using undeveloped properties.
m. To minimize traffic safety and operations concerns along S.W. 100th
Avenue, the City Engineer has recommended that the intersection of the
new street with 100th Avenue be aligned with existing Sattler Street
or, aalternatively, that the intersection be located at least 100 feet
from the existing intersection with Sattler Street
4. Policy 8.1.2 is satisfied because:
a. The Oregon Department Of Transportation and Washington County were
notified of the proposed Comprehensive Plan Transportation Map
Amendment in June 1991. The City received no formal response from
either agency. Washington County's policy is not to comment on street
issues in this area of the City. The City, however, has worked with
ODOT to coordinate the plan amendment with ODOT's standards and
policies for Highway 99W. In original deliberations for a development
in the vicinity, ODOT suggested moving the connection with Highway99W_
from near Beef Bend Road to the existing signalized intersection at
Royalty Parkway. The Metropolitan Service District was also notified
of the proposed amendment. The director of the Metro Transportation
Department has responded by telephone that Metro is concerned with
issues of regional significance and since this amendment involves only
minor collectors, Metro has no objection. King City has reviewed the
plan amendment and has notified the City that it supports the
amendment.
SECTION 2: Certain procedural obiections were raised at the March 10 hearing.
a. First, there was an objection that the proposed plan amendment had
been revised following the remand from LuBA and that revised
proposals are required to be reviewed by the Planning Commission prior
to action by the Council. The Council denies this-objection. Under
Tigard Community Development Code section 18.30.130.D.-the Council has
the authority to adopt modifications to legislative proposals approved
by the Planning Commission. Moreover, the objector did not specify in
what way the objector was prejudiced by any failure to remand the plan
amendment to the Planning commission
b. Second, there was an objection that inadequate notice was provided of
changes in the proposed plan amendment and of the map showing
designated Goal 5 resources. The Council denies this ob iection The
ORDINANCE No. 92-02
Council finds that a good faith attempt was made to notify all persons
entitled to notice. In addition, the Council specifically finds that
the objector was notified no later than February 25 of the changes in
the proposed plan amendment following the remand from LUBA.
Furthermore, the objector did not specify in what respect it was
prejudiced by any inadequate notice or otherwise justify the need for
a continuance.
SECTION 3: The City Council hereby amends the Comprehensive Plan
Transportation Map by 1) designating Naeve Street a local street, 2) establishing
a new extension for 109th Avenue from its current terminus south of Murdock
Street to Pacific Highway; the extension would curve across the south slope of
Little Bull Mountain, crossing Naeve Street west of The Fountains condominiums
and meeting Pacific Highway opposite the existing. intersection of Royalty
Parkway, 3) designating 109th Avenue as a minor collector between Canterbury Lane
and Pacific Highway, [and] 4) establishing a local (new minor collector) street,
to connect between 100th and 109th Avenues at a location north of Hoodview Drives,
and 5) add Comprehensive Plan Transportation Map Notes #9 and #10, as shown in
Exhibit "[B] C".
SECTION 4: An emergency is hereby declared to exist inasmuch as it is
necessary for the health, safety and welfare of the City that this ordinance be
enacted a soon as possible; therefore, this ordinance shall become effective upon
its signing by appropriate authority.
PASSED: By UF7GC.IZI M,0~ vote of all Council members present after
being read by number and title only, this O q-tA day of
1992.
`L
Ca erine Wheatley, City Reco der
-t{n
APPROVED: This 2 day of 1992.
Ap roved as to fo
City Attor
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COU"Cit P~u5idenf
JA/CPA91-02.ORD
ORDINANCE No. 92-D7
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CITY OF TIGARD, OREGON
ORDINANCE NO. 92--(-W
AN ORDINANCE CHANGING THE NAMES OF HART STREET AND TOLAND STREET TO
BENISH STREET.
WHEREAS, a petition has been received requesting that the names of Hart
Street and Toland Street be changed to Benish Street; and,
WHEREAS, the Planning Commission has recommended to the City Council
that the street names be changed as requested by the petition; and,
WHEREAS, in accordance with ORS 227.120, the City Council held a hearing
on the proposed name changes at the regular meeting of March 24, 1992;
and,
WHEREAS, notice of the hearing was given in the Tigard Times within the
week prior to the week in which the hearing was held; and,
WHEREAS, the City Council finds that renaming of the streets as
recommended by the Planning Commission is in the best interest of the
City in order to reduce confusion and provide uniformity of street
naming.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The name of the street shown as SW Toland Street on the
plat of Morning Hill No. 6, as recorded at page 35 in
Book 66 of the plat records of Washington County, Oregon,
is hereby changed to SW Benish Street.
SECTION 2: The names of the streets shown as SW Toland Street and SW
Hart Street on the plat of Morning Hill No. 7, as
recorded at page 22 in Book 69 of the plat records of
Washington County, Oregon, are hereby changed to SW
Benish Street.
SECTION 3: The City Recorder is hereby directed to file certified
copies of this ordinance with the County Clerk, the
County Assessor, and the County Surveyor of Washington
County.
ORDINANCE No. 92 O-c
Page 1
t
SECTION 4: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder.
PASSED: By L.VI)C4,t/l.lw162k-A vote of all Council members present
after being read by number and title only, this oZ=~ day of
1992.
Catherine Wheatley,
City Recorder
APPROVED : This day of %y~~l , 1992. 3
Approved as to form:
h
Ci Attorney
A- "L !I,
John Sc,hwa r4
CvLtr)C Z 194es; evcF
rw/hart-4
ORDINANCE No. 92-M
Page 2
PROPOSED STREET NAME CHANGE
FROM HART STREET AND TOLAND STREET TO BENISH STREET
Request
Attached is a petition to change the names of Hart Street and
Toland Street to Benish Street. The street locations are shown on
the attached map.
It appears that all properties abutting Hart Street and Toland
Street are represented on the petition except one. The owner of
the remaining parcel has contacted City staff by telephone to
indicate his support for the street name change.
Background
The streets were created and named in the plats of Morning Hill No.
6 and No. 7 recorded in 198.8 and 1989, respectively.
Petitioners indicate that the name change is needed to reduce
confusion. They indicate that they have experienced some delays in
emergency vehicle response due to confusion between Hart Street in
Tigard and Hart Road in Beaverton.
Process
State statutes (ORS 227.120) provide the procedure for renaming of
streets. The Planning Commission shall recommend to the City
Council the renaming of any existing street, if in the judgment of
the Commission the renaming is in the best interest of the city.
Upon receiving such recommendation, the Council may rename the
street in accordance with the recommendation or may reject the
recommendation. The Council must hold a hearing before making its
decision.
Staff recommendation
Staff suggest that the Planning Commission recommend to the City
Council that the names of Hart Street and Toland Street be changed
to Benish Street, as requested in the petition. Changing of the
street names will reduce confusion and provide a more uniform
system of street names in the Morning Hill area.
Upon City Council approval of the renaming, the names will be
changed on all official maps and street name signs will be revised.
Submitted February 29, 1992
Randall R. Woo ley
City Engineer
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Morning HN Homeowners Association
P.O. Box 230433 -4 1 t /'j L i CCE "r -1~
Tigard. Oregon 97223
We, the undersigned property owners and residents of Tigard, Oregon, residing in
Morning Hill development areas six, seven and eight;
Do hereby petition the City of Tigard to change the following two street names from
their present designation to S.W. Benish:
1) S.W. ;cart Street between 133rd Avenue and 135th Avenue
2) S.W. Toland Street between Morning Hill Drive and 133rd Avenue.
Purpose
1) To make a continuous street for purposes of identification. Presently these three
streets are only two or three lots in length. Benish is the longest
2) Safety of location. Confusion exists with Hart Road in Beaverton which also
has a cross street of 135th Avenue. Emergency vehicles have responded to
the Beaverton location by mistake.
INN ame Street Address Phone
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Morning Hill Homeowners Association ~
P.O. Box 230433
Tigard. Oregon 97723
We, the undersigned property owners and residents of Tigard, Oregon, residing in
Morning Hill development areas six, seven and eight;
Do hereby petition the City of Tigard to change the following two street names from
their present designation to S.W. Benish:
1) S.W. Hart Street between 133rd Avenue and 135th Avenue
2) S.W. Toland Street between Monung Hill Drive and 133rd Avenue.
Purpose
1) To make a continuous street for purposes of identification. Presently these three
streets are only two or three lots in length. Benish is the longest.
2) Safety of location. Confusion exists with Hart Road in Beaverton which also
has a cross street of 135th Avenue. Emergency vehicles have responded to
the Beaverton location by mistake. j
Name Street Address Phone
c
N - ►~.x~~~.r.~( IN 10SIJ llornirk, ~lll r. - /,~~,~-d Spy S 75'7
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1 C9.~~ SLJ ~f arx ti:y /~yl ~Y SZ b?89
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• Morning Hill Homeowners Association
P.O. Box 230433
Tigard. Oregon 97223
We, the undersigned property owners and residents of Tigard, Oregon, residing in
Morning Hill development areas six, seven and eight;
Do hereby petition the City of Tigard to change the following two street names from
their present designation to S.W. Benish:
1) S.W. Hart Street between 133rd Avenue and 135th Avenue
2) S.W. Toland Street between Morning Hill Drive and 133rd Avenue.
Purpose
1) To make a continuous street for purposes of identification. Presently these three
streets are only two or three lots in length. Benish is the longest.
2) Safety of location. Confusion exists with Hart Road in Beaverton which also
has a cross street of 135th Avenue. Emergency vehicles have responded to
the Beaverton location by mistake.
Name Street Address Phone
Ujf j o- 13Z~2 w SCO%Jtzi U GL,
0
77 4/-
"
slit G"✓'~t/' j b Z c- T
1 ia89 n(ji romp-,.,
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'cow L / ,2 Sff/ -35 Zee
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1~2 A. ai C/ dl- 5 SC.U 1 3 4
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- Morning Hill Homeowners association
P.O. Box 230433
Tigord. Oregon 97223
We, the undersigned property owners and residents of Tigard, Oregon, residing in
Morning Hill development areas six, seven and eight;
ram
Do hereby petition the City of Tigard to change the following two street names from
their present designation to S.W. Benish:
1) S.W. Hart Street between 133rd Avenue and 135th Avenue
2) S.W. Toland Street between Morning Hill Drive and 133rd Avenue.
Purpose
1) To make a continuous street for purposes of identification. Presently these three
streets are only two or three lots in length. Benish is the longest.
2) Safety of location. Confusion exists with Hart Road in Beaverton which also
has a cross street of 135th Avenue. Emergency vehicles have responded to
the Beaverton location by mistake.
e / NaTe Street Address Phone
7 6-t7
t 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 92 - Oq
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW CORAL STREET; IN THE CITY OF r"1GA1
-RA, WASHINGTON
COUNTY, OREGON a.nd 1c ~~tcuta ng can e4-ex .¢A5z,,c~V. Carvj ~&ed -
n -ZL wlv~;Q- 3 apt ~a . C. W ( 2~
WHEREAS, the Tigard City Council initiated this vacation request C49
pursuant to Section 15.08.040 of the Tigard Municipal Code on
January 14, 1992; and
WHEREAS, This portion of SW Coral Street is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Coral Street that is no longer needed because access
is available to all abutting properties; and
WHEREAS, the vestee of this property, Progress Graphics, Inc.
supports this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
has been recommended by the Community Development Department; and
WHEREAS, the City of Tigard (Grantor) has granted a revocable
r. easement which conveys to Progress Graphics, Inc. (Grantee) the
right, privilege, and authority of Grantee to construct and install
improvements approved in City of Tigard Community Development file
No. SDR 91-0011 along the full width and length of the area of this
vacation; and
WHEREAS, Columbia Cable has requested that the City retain a
utility easement within the area to be vacated; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed the vacation
proposal and have no objections; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all owners in the affected area, as
described by ORS 271.080; and
WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on March 24,
1992, finds that it is in the public interest to approve the
ORDINANCE NO. 92-09
Page 1
REIURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
request to vacate that certain portion of public street right-of-
way for SW Coral Street because..the public interest will not be
prejudiced by the vacation as provided by ORS 271.120 and TMC
Section 15.03.130
HOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit A
(vicinity map), Exhibit B (revocable easement),
Exhibits C (legal) and D (map of area to be
vacated) and by this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following conditions:
1) A utility easement be granted for the entire
portion of the vacated area except that
portion which is within the footprint of the
existing building.
2) The revokable easement, which was granted by
the City shall be extinguished simultaneously
with the recording of this street vacation.
SECTION 3: iix-He-9`uatlen-shall t1a; ~s F4,Fla - saw. fr - • _
C.tYne,n P nti-? the - - j ;,~~a--- a ~;-t-he-may
appire a l by--the M-1--T-and _Lzma -.A
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PASSED: By vote of the Council members
present after being read by number and title only,
this 24th day of March, 1992.
~v
Catherine Wheatley, City ecorder
APPROVED: This day o Q/I C , 1992.
~Jhn SCh~~car+~ ~ Cvu.~~L Presid-evt.-f-
ORDINANCE NO. 92-_1
Page 2
Approved as to form:
City A%c rney
3/ay lea
Date
rp\coral.ord
ORDINANCE NO. 92--
Page 3
MINES=
NEW=
The City o f ~
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a
Street
Vacation
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vacation along to Area
S W C o ral Street`
-04601. OR.
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Exy~B~r ~
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the City of Tigard, a
municipal corporation ("Grantor") in consideration of the sum of
$1.00 and other property or value given which is part of the
consideration, conveys to Progress Graphics, Inc., an Oregon
corporation ("Grantee") a perpetual easement over and along the
full width and length of the premises described as follows, to wit:
1. Legal description is set forth in Exhibit "All attached
hereto, and incorporated by reference herein; and
2. A map of the above legal description is set forth in
Exhibit "B" and incorporated by reference herein.
The terms, covenants, and conditions of the easement are as
follows:
1. The easement shall be for the right, privilege, and authority,
of Grantee to construct and install improvements approved in city
of Tigard Community Development file No. SDR 91-0013.
2. In the event the easement is not used by Grantee for a period
of three (3) years or is abandoned by Grantee, then it shall revert
back to the Grantor, its successors and/or assigns, and Grantee
shall upon request execute a recordable document evidencing such
reversion.
3. Grantee shall defend, indemnify and hold harmless Grantor, its
successors and/or assigns, from loss, claims or liability of any
nature, including injury to person or property, arising in any
manner out of use of the easement by Grantee, its agents, employees
or subcontractors. Grantee assumes all risk arising out of its use
of the easement and Grantor shall have no liability to Grantee or
others from any condition existing thereon.
4. Grantee, upon the initial installation, and upon each and
every occasion that the same be repaired, replaced, renewed, added
to, or removed, shall restore the premises of the Grantor, and any
improvements disturbed by Grantee, to as good condition as they
were prior to any such work, including, but not limited to, the
restoration of any topsoil, lawn, and nursery stock of like kind
and quality, subject to reasonable substitution as may be
necessitated by obstruction or interference with the use granted
herein. Grantee further agrees to maintain the easement at its
expense.
1 - EASEMENT
E'xHi~i r .31
5. This easement is revocable by Grantor upon written notice
delivered to Grantee at the following address:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue
Portland, Oregon 97204
6. Within 180 days after the date of written notice of
revocation, the Grantee shall remove all improvements within the
premises described in Exhibit "A," and restore the premises to its
original condition subject to satisfaction of Grantor.
. This easement is granted subject too all -J or easements or
encumbrances of record.
8. Grantee acknowledges that any improvements made in this
easement are made at Grantee's risk and removal of said
improvements shall be at Grantee's cost.
9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
IN WITNESS WHEREOF the unde•signed Grantor has executed this
easement, this day of 1992.
CITY OF TIGARD, a municipal
corporation _
Grantor
c~G
2 - EASEMENT
46XA; G. r is 2
STATE OF OREGON )
t.. ) s s .
County of ~4VC~,~'~ ~ a )
i
On this l day of 1992, before me, a
notary public in-and for said Co my and State, personally appeared
1.L Iii : Ll known to me to be the person whose
name subscribed to the ithin instrument and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on the day and year-above written.
L tA)"
Y PUBLIC OF OREGON
(NOTARIAL SEAL) My commission expires: J~Z'A 15
APPPOVED AS TO FORM THIS NOTARYPUEUC•OREGON
(u COMMISSION NO. 006060
DAY OF Ft~L , 1992. ply pp WISSpN EXPIRES MAY Ia 19
Ti'm thy V. R mis, City Attorney
City of Tigard, Oregon
APPROVED AS TO LEGAL DESCRIPTION
THIS 7A DAY OF -P-,eb.1992
City Engineer 10
City of Tigard, Oregon
ESTED TO:
CC City ecorder Date:
AFTER RECORDING, RETURN TO:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue, Suite 1500
Portland, Oregon 97204
3 - EASEMENT
Ex~:6~ y- iB'.3
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EXHIBIT "A"
r
A 5 foot strip alone the north line of Lot 6, Block C, LEHrIAN
ACRE TRACTS, in the City of Tigard, County of Washington, State
of Oregon, described as follows: beginning at a point which is
the northwest corner of said lot; thence northerly a distance of
5 feet to a point; 'thence easterly and parallel with the north
line of said lot to a point which is 5 feet north of an extension
of the east lot line of said lot; thence southerly a distance of
5 feet to a point which is the northeast corner of said lot;
thence westerly- along the north lot line of said lot to the point
of beginning.
Af-
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Ex~4;6. r 8- Y
SKETCH. SHOWING
BU I LD I NG ENCROA.CII NT AIM AS l-Xrvc.ENG Y NEE~tS
SURVEYOR
4230 N.E. FREMONT ST.
PORTLAND OREGON 97213
+ PHONE: (603) 284-5896
i
RESOLVED: R.M.
REGISTERED DRAWN: R.T.
+ JOB HO. 01-246
rPROFESSIONAL
AND SURVE` O)OR
w LOAR E GAO N
ULY W. MILLS
Q a DAVID
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ROTE: _
BASED OH 08-11417
NO LIABILITY TAKE"
ACCURACY OF SAID SURVEY.
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7
60' SW CORAL ST.
w
N r ;GONGRjE 3tDEWAL- n. b.:•ro= •a:_,. : F`. 6 =r ~ A5.5^
F+T ~-4 5' PROPosen 5' EASEMEPIT - -4.5-
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TAX LOT 4601 WILDING
MAP IS I 26 DC CPR06RESS 6RAPt TICS )
1;11251111 ~Ipljgg'111111111
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EXHIBIT "C"
LEGAL DESCRIPTION OF AREA TO BE VACATED
A 5 foot strip along the north line of Lot 6, Block C, LEHMAN ACRE
TRACTS, in the City of Tigard, County of Washington, State of
Oregon, described as follows: beginning at a point which is the
northwest corner of said lot; thence northerly a distance of 5 feet
to a point; thence easterly and parallel with the north line of
said lot to a point which is 5 feet north of an extension of the
east lot line of said lot; thence southerly a distance of 5 feet to
REM
a point which is the northeast corner of said lot; thence westerly
along the north lot line of said lot to the point of beginning.
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSE; the above described
tract excepting therefrom that'area within the footprint of the
existing building.
s
III nn-VNI
SCSI
i
LOT 6
BLOCK C LEHMAN ACRE TRACTS
NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W.M.
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
SCALE 1 "=30' 1'r
s
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60' S. W CORAL ST.
_ NEW PROPOSED R /W LINE
1 1 RF3 ~ i.)".1 ,t'-> ~r • :;~:<S~ >+r` r. ' ~ i
PROPOSED 5' VACATION
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5. EXISTING R/W LINE 2.5'
BUILDING
(PROGRESS GRAPHICS)
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VISITOR'S AGENDA DTFa Mlr~ctt}~,>,~.'
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on
other issues not on the agenda, but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME & ADDRESS TOPIC CONTACTED
s
6gIn jo visa 6rs.s
Ica=
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
Please sign in to testify on the following:
ACPj_4ID,A4 ' PA' March ,24 1:992
PLEASE PRINT
Proponent - (Speaking In Favor of Street Name Opponent (Speaking Against Street Name
Change - Renaming of Hart Street and Toland Change - Renaming of Hart Street and Toland
Street to Benish Street) Street to Benish Street)
Name Name
Address Address
Name Name
Address Address
Name Name
4~ a
Address Address
Name Name
Adaress Address
Name Name
Address Address
Name Name
' Address Address
ame Name
Address Address
Name Name
Address Address
AO'
S
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testii-nony.
Please sign in to testify on the following:
AGENDA ITEM NO. DATE: um m _AM PLEASE PRINT
P pia at t;- (Sgeal<ingjn-F.avor_of.Street Qaponent (Speaking Against Street Vacation
Vacation for a-por#dnrof "SW'Cora.l.-Street) fora portion of SW Coral Street)
ame ~ Name
4V
Add Address
~5 ( S cv ~ °~/►~v~ Skiff lsav
Name Name
,e ress
Name Name
dress Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address dress
ame ame
Address Address
Name Name
dress Address
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Vtlri ten comments are always appreciated by the Council to
supplement oral testimony.
Please sign in to testify on the following:
AGENDA ITEM NO. DATE:
PLEASE PRINT
Proponent - ( W.ng :1n 'avor~of Zone Opponent (Speaking -Against Zone Ordinance
Ordinance- Amendment ZOA 91-0004} Amendment BOA" 91=0004)
Name Name
Address dress
Name Name
Tess ress
Name Name
Address Address
Name Name
Address ress
Name Name
Address Address
Name Name
Address -AaFr-oss
ame ka
Address Name Tess E
t~ir n' 'r¢i SJ - t.ltM 4uh•. i ti j .yet t i pn j ~ i' ' ~ -
•6i.G,~, ~ . t`~.~.. t( fop >~1(~4 ftt. ~ jq 9irtt a ~~"~bifl ~ tiiu 't ~+~adeft•:`~m,.~?~ ~idt~ e r,
~ u, w urn i k''~,, A wt `^e ~ um. `^f~~+Arr~ a ra.. ~Sk,4°" x`41 I*
;I
_;Uill~ir PROCLAMATION
- _Illi!~fi j
NATIONAL COMMUNITY DEVELOPMENT WEEK
April 20-26, 1992 4
••r~~ii!l16:~ ~;~''Fllllti~a'G j
.
. r:..• WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has ;i
0.tUlll~i~ -
z_ • operated since 1974 to provide local governments with the resources required to ;"~iTi~ii~'~ • I
L.' meet the needs of persons with low and moderate income; and
v E ao 7~,;~ i
v WHEREAS, Community Development Block Grant funds are used by a vast
i number of cities, counties and neighborhood-based nonprofit organizations ;+Ilfttt throughout the Nation to address pressing neighborhood and human service ' t
t h,, .q < needs ;an `tlnV
ali
.'z WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Is
one of the few remaining federal programs to meet such low and moderate income
needs as the dwindling supply of affordable housing, the massive rise in
#q('/ homelessness, and the resurfacing of hunger and malnutrition; and,
WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has Ulu
rovided the City of Tigard with Important and flexible assistance to help meet the
needs of our low and moderate Income residents in funding neighborhood
revitalization, housing rehabilitation, public improvements, and social services; and, I
alt WHEREAS, the Congress and the Nation has often overlooked the critical value
mh-.- of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the
ill significant number of organizations and the projects that rely on Its funds for support; and,
WHEREAS, the week of April 20-26, 1992 has been reserved for recognition and
sill. appreciation of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. t..
ttii~ ••u
NOW, THEREFORE BE IT RESOLVED THAT 1, Gerald R. Edwards, Mayor of the
City of Tigard, Oregon, do hereby proclaim April 20-26, 1992 as NATIONAL +>n!!!1
COMMUNITY DEVELOPMENT WEEK in Tigard, and call upon all citizens of our
_ City to participate in ceremonies and activities celebrating the COMMUNITY mf I
~.b • DEVELOPMENT BLOCK GRANT PROGRAM. t
. ;4 Dated this day of 1992. A.
x ~ I
IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of
° the City to be affixed. t~ ?
Jill
Gerald R. Edwards, Mayor
gad City of Tigard
' .l ~ two ~ i
Attest: ri
f4 . s City Recorder
trt,}
y y'rr~ .r
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Council Agenda Item 4.1
Attached is a replacement page for the 3/10/92 Council minutes.
The public testimony with regard to NPO 6 (Sue Carver) was amended.
NPO 6 will drop its appeal once a signed agreement is reached with
Triad wherein Triad will contribute $300,000 towards construction
of the S.W. 309th extension. A draft agreement was presented to
City Council on December 10, 1991.
An excerpt from NPO 6 minutes of 1/15/92 is as follows:
(Motion) - "NPO drops its appeal regarding the TRIAD
development contingent on a legal agreement between the City
of Tigard committing TRIAD to deposit the entire sum of
$300,000 in escrow prior to the issuance of certificate of
occupancy for any building in the development.
"This motion passed 5 to 2 and will be presented to the
Council..."
Cathy Whe.~iey
City Recorder
3/23/92
(Distributed to Council during
Study Session on 3/24/92)
Ina, 11111 ON
the proposed development.
The staff report outlines a response to Mrs. Davenport's
issues.
d. Public testimony:
• NPO 6 - Sue Carver, Chair of NPO 6 advised the NPO
would drop their appeal contingent' on the signing
of an agreement with Triad. This agreement was for
a contribution from Triad of $300,000 towards the
cost of improvements to S.W. 109th.
The City Engineer advised that a draft agreement
had been submitted to Council at an earlier meeting
(Council meeting of 12/10/91).
Proponents:
• Steve Pfeiffer, attorney for the Triad Developers,
reviewed the work with the NPO and advised that a
good solution had been negotiated. He advised of
some of the elements of the agreement and that
Triad would be phasing in their contribution
towards road improvements as building permits were
acquired.
• Fred Grimm, advised he was one of the three
partners in the Triad Development. He reviewed the
history of their efforts to satisfy the concerns in
this neighborhood. He described the type of
apartment community that they develop and said they
would be a good neighbor. He referred to the
extensive efforts which had been made to
accommodate the concerns. The present zoning was
consistent with their development proposal and they
are* prepared to perform as the Code 'specifies.
opponents
• Beverly Swink, 15875 S.W. Greensway, Tigard, Oregon
opposed the development. She cited concerns with
increased traffic and the lack of streets to
accommodate the demand. She said that Summerfield
Drive would be negatively impacted and noted this
street is a recreational street with golf carts and
high pedestrian usage.
Ms. Swink said that with increased density, crime
also increases. She alleged that the quality of
life in this area was being destroyed and that some
areas should be left undeveloped. Ms. Swink
CITY COUNCIL MEETING MINUTES - MARCH 10, 1992 - PAGE 13
1, JI:
COUNCIL AGENDA ITEM LYE a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 24, 1992 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Reimbursement PREVIOUS ACTION:
District for McDonald Street Sanitatv.
Sewer PREPARED BY: City Engineer
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE B OR THE COUNCIL
Formation of a reimbursement district for sanitary sewer on McDonald Street.
STAFF RECOMMENDATION
Approval of the attached resolution forming the reimbursement district.
INFORMATION SUMMARY
Sanitary sewer was installed in McDonald Street in conjunction with recent
street improvements. Sewer construction was funded from the City sanitary
sewer fund. It was intended that the costs would be repaid in the future as
homes are connected to the sewer. Formation of a reimbursement district will
provide the legal mechanism for repayment.
The engineer's report attached to the resolution provides more detail.
No public hearing is required to form a reimbursement district. However, for
a period of 60 days following adoption of a resolution, affected property
owners may petition the Council for a hearing for any objections to be heard.
The City Recorder will notify all affected property owners of the formation
of the reimbursement district and their right to petition for a hearing.
Prior to the start of the project, property owners were informed of the
intent to install sewer and form a reimbursement district.
PROPOSED ALTERNATIVES
1. Adopt the resolution forming the district.
2. Modify the resolution.
3. Pay for the sewer construction costs from citywide funds without
reimbursement.
FISCAL NOTES
rw/mcd-cs
COUNCIL AGENDA ITEM 4
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 24, 1992 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Reimbursement PREVIOUS ACTION:
District for Bonita Road Sanitar
Sewer PREPARED BY: City Engineer
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEF THE COUNCIL
Formation of a reimbursement district for sanitary sewer on Bonita Road.
STAFF RECOMMENDATION
Approval of the attached resolution forming the reimbursement district.
INFORMATION SUMMARY
Sanitary sewer was installed in Donita Road in conjunction with recent street
improvements. Sewer construction was funded from the City sanitary sewer
fund. It was intended that the costs would be repaid in the future as homes
are connected to the sewer. Formation of a reimbursement district will
provide the legal mechanism for repayment.
The engineer's report attached to the resolution provides more detail.
No public hearing is required to form a reimbursement district. However, for
a period of 60 days following adoption of a resolution, affected property
owners may petition the Council for a hearing for any objections to be heard.
The City Recorder will notify all affected property owners of the formation
of the reimbursement district and their right to petition for a ,hearing.
Prior to the start of the project, property owners were informed of the
intent to install sewer and form a reimbursement district.
- PROPOSED ALTERNATIVES
1. Adopt the resolution forming the district.
2. Modify the resolution.
3. Pay for the sewer construction costs from citywide funds without
reimbursement.
FISCAL NOTES
rw/bon-cs
COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
AGENDA OF: March 24, 1992 DATE SUBMITTED: March 12, 1992
ISSUE/AGENDA TITLE: Bid Award far PREVIOUS ACTION:
97 th Avenue Bikelane
PREPARED BY: Cary Alfson
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
POLI Y ISSUE
Award of construction contract for the 97th Avenue Bikelane project.
INFORMATION SUMMARY
This project provides for the construction of bikelanes along 97th Avenue from
McDonald Street, past Twality Jr. High to Templeton Elementary School.
Four bids were received as follows:
Northwest Earthmovers, Inc., Tualatin $ 67,641.45
Eagle Elsner, Inc., Tigard $ 71,795.00
Kerr Contractors, Inc., Tualatin $ 87,850.00
Parker Northwest Paving Co.,Oregon City $ 94,882.50
The engineer's estimate was $ 74,000
The work under this contract includes pavement widening, signing and striping to
provide bike paths on both sides of the road. The project is funded in part by
a grant from the State Bicycle Program according to an agreement and Resolution
approved by the council on March 12, 1991.
ALTERNATIVES CONSIDERED
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL IMPACT
This project is funded through the 1991-1992 CIP Budget along with a $44,000
grant from the Oregon State Bicycle Program.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the city Administrator
to sign a contract with Northwest Earthmovers, Inc.
ga/GA:lcrb97bk.GA
COUNCIL AGENDA ITEM LI A b.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
AGENDA OF: March 24, 1992 DATE SUBMITTED: March 12. 1992
ISSUE/AGENDA TITLE: Bid Award for PREVIOUS ACTION:
1991-92 Pavement Major Maintenance
Slurry Seal Program PREPARED BY: Gary Alfson
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
PO CY ISSUE
Award of construction contract for t e 1991-92 Pavement Major Maintenance Slurry
Seal Program.
INFORMATION SUMMARY
This program provides for the repair of 35 streets including pavement
resurfacing, crack sealing and structural patching.
Three bids were received as follows:
Asphalt Maintenance Assoc., Inc., Eugene $ 82,873.75
Blackline, Inc., Vancouver, WA $ 84,571.55
Valley Slurry Seal Co., Sacramento, CA $108,278.75
The engineer's estimate was $ 104,000.00
The work under this contract includes the pavement major maintenance work
previously approved by the Transportation Advisory Committee and the Council for
the 1991-92 CIP budget.
ALTERNATIVES CONSIDERED
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL IMPACT
This project is funded through the 1991-1992 CIP Budget.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the City Administrator
to sign a contract with Asphalt Maintenance Assoc., Inc.
ga/GA:1crbSSMM.GA
t
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PAVEMENT MAJOR MAINTENANCE PROGRAM
SLURRY SEAL PROJECT LIST
LOCATION LOCATION
1 Shady Lane 21 Kable Street
74th to Cds 100th Ave to End
2 Shady Court 22 103rd Ave
Shady Ln to to Shady Ln Kable St. to End
3 Shady Place 23 106th Avenue
Barbara Ln to Shady Ln Del Monte to Canterbury Ln
4 Ventura Drive 24 104th Avenue
Landau St. to Ventura Ct Del Monte Dr to Murdock St
5 Ventura Court 25 Del Monte Drive
Ventura Dr to Alfred St 103rd Ave to 108th Ave
6 Ventura/69th Court 26 103rd Ave
Ventura Ct to Cds Murdock to End
7 Ventura Place 27 View Terrace
Ventura Dr to Cds 103rd Ave East
8 Barbara Lane 28 105th Avenue
Ventura Ct to 74th Ave McDonald St to Cds
9 Barbara Court 29 Ash Avenue
Barbara Ln. to Cds Garrett St to Hillview
10 Lola Lane 30 Pembrook Street
Shady Ln to Cds 100th Ave to 97th Ave
11 76th Avenue 31 Hillview Court
Bonita Rd to End O'Mara St to End
12 Fanno Creek Drive 32 67th Avenue
Bonita Rd to Fanno Crk Ct Atlanta St to Clinton St
13 80th Place 33 Clinton Street
Fanno Creek Dr to Cds 72nd Ave to 69th Ave
14 80th Court 34 Elmhurst Street
Fanno Crk Dr to Cds 72nd Ave to End
15 Murdock Street 35 Beveland Street
Hall Blvd to 83rd Ave 72nd Ave to 70th Ave
16 83rd Avenue
North & South of Murdock
17 88th Avenue
Durham Rd to End
Of
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY-LCRB
AGENDA OF: March 24, 1992 DATE SUBMITTED: March 13, 1992
ISSUE/AGENDA TITLE: Pathways near PREVIOUS ACTION: Council author-
Metzger School ized advertising for bids 2/11/92
PREPARED BY:
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Shall the Council award the contract for the construction of pathways near
Metzger School?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, award the contract to
Benge Construction Co.
INFORMATION SUMMARY
The project includes 1660 feet of street shoulder widening and 220 feet
pathways to improve pedestrian safety in the Metzger School area.
The following bids were received:
Benge Construction Co., Lake Oswego Or. $87,012.00
Eagle Elsner Inc., Tigard Or. $89,960.00
Northwest Earthmovers, Inc., Tualatin Or. $94,418.35
Kerr Contractors Inc., Tualatin Or. $116,100.00
Canby Excavating Inc., Canby Or. $123,410.00
Portland Road Co. Inc., Clackamas Or. $136,932.00
Pacific Coast Construction Inc.,Portland Or. $177,955.80
Engineer's estimate (prepared by Kampe Engineering Inc.): $74,210
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
The construction cost of $87,012 plus engineering fees of $12,100 result in
a total project cost of $99,112.00 of which $87,232 will be funded through
the Community Development Block Grant program leaving $11, 880 to be funded by
the City. The City funding will be taken from gas tax revenues in the City's
Street Capital Improvement Fund.
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
a AGENDA OF: March. 1.992 DATE SUBMITTED: February 13. 1992
ISSUE/AGENDA TITLE: CPA 91-0002 109 h PREVIOUS ACTION: Comp Plan Amend,
and Naeve - Additional Findings Hearing closed 3/10/92
PREPARED BY: Acker/Bewersdorff/Offer
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy
ISSU BEFORE THE COUNCIL
Should the City amend Ordinance 91-22 to provide additional findings relative to the approval
of Comprehensive Plan Transportation Map Amendment 91-0002/ 109th and Naeve in response to
a remand by the Land use Board of Appeals (LUBA).
STAFF RECOMMENDATION
It is recommended that the City Council approve the attached Ordinance.
INFORMATION SUMMARY
On March 10, 1992 the City Council closed the public hearing and directed staff to prepare
a final ordinance for adoption on March 24.
PROPOSED ALTERNATIVES
1. Adopt the amended ordinance as attached.
" 2. Revise the findings as desired.
FISCAL NOTES
Not applicable
DB/CPA91-2.SUM
t
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reilly, City Administrator
FROM: Ed Murphy, Director of Community Developmen
DATE: March 12, 1992
SUBJECT: 109th/Naeve Comprehensive Plan amendment LUBA remand
The following are changes that were made to the ordinance amending
ordinance 91-22 that adopts new findings for the Comprehensive Plan
Transportation Map for 109th/Naeve. The changes are based on
information from the March 10th hearing.
Amend section 1, no. 3, Policy 8.1.1 as follows:
(add)
j_ The Transportation Map does not address the schedule for
construction of the various improvements indicated on the map
Implementation will depend on where and when land development
occurs and on the availability of public funding for capital
improvements. Off-site roadway improvements are considered as
part of the development review process for land development
projects and appropriate conditions of development are ordered
for each project. Public review and appeal processes have
been established as part of the development review process in
the City. Priorities for funding of public projects are
established annually by the city Council based on
recommendations of the Budget Committee and the Transportation
Advisory Committee.
(Amend n.)
n. To minimize traffic safety and operations concerns along S.W.
100th Avenue, the City Engineer has recommended that the
intersection of the new street...
Amend section 1, no. a., Policy 8.1.2 as follows:
the fourth sentence of a. now reads
The director of the Metro Transportation Department has responded
by telephone that Metro is concerned with issues of regional
significance and since this amendment involves only minor_
collectors. Metro has no objections.
i
Amend section 2 by adding a number 5) on the last line as follows:
of Hoodview Drive, 5) add Comprehensive Plan Transportation Man
Notes 49 and #10, as shown in exhibit 07[B]
I
"s
j
Add the following paragraph as Section 3:
SECTION 3: An emergency is hereby declared to exist inasmuch as N
it is necessary for the health, safety and welfare of the City that :a
this ordinance be enacted as soon as possible; therefore, this
ordinance shall become effective upon its sicming by appropriate
authority.
Label the maps as exhibit B and exhibit C as shown on the attached
maps.
Sri
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CITY OF TIGARD, OREGON
ORDINANCE NO. 92-
AN ORDINANCE AMENDING ORDINANCE 91-22 AND APPROVING AN AMENDMENT TO THE TIGARD
' COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING THE DESIGNATION OF NAEVE STREET
FROM MINOR COLLECTOR TO LOCAL AND BY ADDING A MINOR COLLECTOR CONNECTION[S] FROM
109TH AVENUE AT MURDOCK STREET TO PACIFIC .°.IGHW::Y OPPOSITE ROYALTY PARKWAY AND
A LOCAL STREET CONNECTION BETWEEN 100TH AND 109TH AVENUES NORTH OF HOODVIEW
DRIVE AND DECLARING AN EMERGENCY (--PA 91-0002) REQUESTED BY NPO #6.
WHEREAS, the request is to amend the Comprehensive Plan Transportation Map as
follows.
1) Change the designation of Naeve Street from minor collector to local.
2) Add an extension of 109th Avenue between Murdock Street and Pacific Highway
and designate 109th Avenue between Canterbury Lane and Pacific Highway as
a minor collector.
3) Add a local street [minor collector] connection between 100th and 109th
Avenues at a location north of Hoodview Drive.
WHEREAS, on December 17, 1990 the City Council authorized NPO #6 to initiate
consideration of a Comprehensive Plan amendment focused on transportation issues
in the area of 109th Avenue and Naeve Street.
WHEREAS, NPO #6 has developed a proposal to address traffic concerns in the
Little Bull Mountain area.
WHEREAS, the Planning Commission heard the CPA 91-0002 proposal at its regular
meeting on July 22, 1991 and recommend[s]ed approval and also recommend[s]ed
deleting the last sentence of note 10.
WHEREAS, the City Council adopted ordinance 91-22 on August 13, 1991, approving
CPA 91-0002.
WHEREAS, the Comprehensive Plan Transportation Map amendment was appealed to the
Oregon Land Use Board of Appeals (LUBA)LUBA Nos 91-133 and 91-137
WHEREAS, LUBA remanded the decision to the Citv for reconsideration on January
28, 1992.
NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposal is consistent with all relevant criteria as noted below:
The relevant criteria in this case are Statewide Planning Goals 1, 2, 5, 9
Economic Implementation Strat:-gy 19, 12, and Tigard Comprehensive Plan policies
1.1.1 a., 2.1.1, [and] 8.1.1, 8.1.2, and applicable Community Development code
sections related to legislative plan amendments.
The proposal is consistent with the applicable Statewide Goals based on the
following findings:
1. Goal 1, Citizen Involvement, is met because the City has an adopted Citizen
involvement program which includes review of land use applications by
neighborhood planning organizations. In addition, this proposal has been
reviewed in public hearings by the Planning Commission and by the City
Council for which the public has been properly notified.
2. Goal 2, Land Use Planning, is met because the City has applied all relevant
Statewide Planning Goals, City Comprehensive Plan policies, and Community
Development Code requirements in the review of this proposal. In addition,
as explained with reference to Comprehensive Plan policy 8.1.2, the City
has coordinated its plan with the plans of potentially affected
governmental units by soliciting from those governmental units comments on
the proposed amendment and considering any comments received.
ORDINANCE No. 92-
ROBINSON!
3. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources is met
because:
a. Pursuant to the requirements of Statewide Planning Goal 5 the City of
Tigard has inventoried Goal 5 resources and designated in its
Comprehensive Plan those Goal 5 resources that it has determined to be
significant. (Comprehensive Plan Vol. I, p». 94-109 ) The City's
Comprehensive Plan, including its Goal 5 provisions, were acknowledged
by the Land Conservation and Development Commission on October 11,
1984.
b. There are two designated Goal 5 resources that are within the vicinity
of the streets that are the subiect of the proposed comprehensive plan
amendment: the Little Bull Mountain Natural Forest and the Kallstrom
Fir Grove (aerial photograph, Exhibit A) No other designated Goal 5
resources are potentially affected by the proposal The "summit of
Little Bull Mountain" is mentioned as a "special area" and an area of
scenic value in the city's natural Features and Open Space
Comprehensive Plan Report. (See Comprehensive Plan Vol I pp 42-
42). The summit area of Little Bull Mountain however, was not
identified as a significant Goal 5 resource with the exception of
those resources included within the designation of the Little Bull
Mountain Natural Forest. Therefore Goal 5 is not applicable to the
general discussion of the summit area in the natural Features and Open
Space Comprehensive Plan Report. Moreover, the summit of Little Bull
Mountain is not affected by the proposal.
C. The Comprehensive Plan identifies the Little Bull Mountain Natural
Forest as an area of mature coniferous trees on the west side of
Little Bull Mountain. (Comprehensive Plan Vol. I P 96,) The
forest was designated as a Goal 5 resource because it was determined
to be "an outstanding scenic site." (Id ) The Comprehensive Plan
explains that the scenic value of the site stems from the visual
landmark provided by the large stand of mature coniferous trees at an
elevated location within the City.
d. The proposed comprehensive plan amendments do not adversely affect the
Little Bull Mountain Natural Forest. The forest is located on the
west side of Little Bull Mountain. As shown by the relevant planning
maps and the documents describing the proposed street alignments the
proposed local street connection between 109th Avenue and 100th Avenue
lies entirely on the east side of Little Bull Mountain Thus the
proposed connection would not travel through the forest or impact the
integrity of the forest. Moreover, because the forest is elevated
because of the topography of the area and because of the low relief
of the connection, the connection would not interfere with any scenic
views of the forest.
e. Similarly, as shown by the relevant'planning maps and the documents
describing the proposed street alignments the proposed extension and
realignment of 109th Avenue lies entirely to the east and south of the
forest. Thus, the extension and realignment would not travel through
the forest or impact the character of the forest And again because
of topography and the low relief of the §treet facilities constructed
as a_ result of the extension and realignment the extended and
realigned street would not interfere with any scenic views of the
forest. For the same reasons, any change in traffic patterns or
volume caused by the proposal including street reclassification
would not interfere with the views of the forest.
f. Moreover, the little Bull Mountain Natural Forest is designated solely
for the scenic values provided by the mature coniferous trees within
the forest and no other aspects of the forest could conceivably be
adversely affected by the proposal, even were it necessary to address
these aspects of the forest in connection with Goal 5
e The Kallstrom Fir Grove is a row of mature Douglas fir trees located
adiacent to 100th Avenue in an existing residential neighborhood The
grove is designated as "a significant Visual and Natural resource
ORDINANCE. No. 92-
j
10031
(Comprehensive Plan Vol 1, p. 106.1 These resources stem from the
visual landmark provided by the Douglas fir trees, which are described
as "the only major stand of Douglas Firs on the south side of Little
Bull Mountain." The only potential conflict that the Plan identifies
with surrounding land uses is the possibility that the trees might be
cut down to make way for--future development. (Id.)
h. The proposed comprehensa' Man amendment could only have an adverse
effect on the scenic an:_ _+_ural values of the Kallstrom Fir Grove if
the proposed east-west connection between 109th Avenue and 100th
Avenue required the trees to be cut down or otherwise damaged the
trees Although the proposed plan amendment does not identify the
precise location of the future connection, the connection can be
located so as not to require cutting or damaging the Grove. As shown
on aerial photographs and by testimony at the hearing, the Grove is an
east-west row of trees that would parallel the proposed connection.
There is ample room to place the proposed connection up to several
hundred feet from the grove and at a sufficient distance to prevent
damage to the trees or interference with their scenic value. No other
natural or artificial features would constrain the location of the
proposed connection within the area designated.
i. Finally, even if, contrary to these findings, the proposed amendments
to the transportation plan were in conflict with the Little Bull
Mountain Natural Forest or the Kallstrom Fir Grove, the conflict would
have been anticipated and resolved by existing provisions of the
Comprehensive Plan All of the areas included in the Little Bull
Mountain Natural Forest and the Kallstrom Fir Grove are designated by
the Comprehensive Plan for future residential development. The Plan's
Goal 5 analysis notes that future development may create conflicts
with these designated Goal 5 resources (see Comprehensive Plan, Vol.
It pp 96-97 106-107) and resolves the conflict as follows:
"The significant wooded areas are identified and mapped.
The policy of the City's comprehensive plan is that these
areas will be preserved in a natural state as much as
possible or integrated into the design of any development,
i.e., parking lot island building setbacks, street rights-
of-way and landscaping areas whenever possible. If it is
necessary to remove a portion or all of the trees, the
replacement landscape features shall be subiect to approval
by the applicable approval authority." (Comprehensive Plan
Vol. 1, p. 95.)
The Plan expressly requires that "development proposals in designated
timbered or tree areas be reviewed through the planned development
process to minimize the number of trees removed." (Plan Policy
3.4.2.b.)
i Moreover, even with respect to development proposals that are not in
designated timber or tree areas, the Tigard Community Development Code
(TCDC) requires all new developments and major modifications of
existing developments to undergo site development review. See TCDC #
18.120.180.A.1.1. These provisions require, among other things, that
the tree removal be necessary and that the tree removal will not
adversely affect the aesthetic character of the area. See TCDC #
18.150.030.A.
k. The City's acknowledged Comprehensive Plan thus expressly anticipates
that development and in particular residential development and
associated roadways may create conflicts with the designated Goal 5
resources in the Little Bull Mountain natural Area and the Kallstrom
Fir Grove. Following the required Goal 5 analysis, however, the Plan
chose not to absolutely protect these resources but to conditionally
protect them by reguirina scrutiny of development proposals to ensure
that the number of trees lost through development was minimized. For
these reasons, even if, contrary to the findings above, the proposed
amendment adversely affected designated Goal 5 resources, the existing
Comprehensive Plan has anticipated and resolved any such conflicts
ORDINANCE No. 92-
OEM
. through the Plan and TCDC provisions regulating tree removal.
4, Goal 9 Economic Development, Implementation Strategy 19 is satisfied
because:
a. Tha plan provides alternative access for commercial properties along
the east side of 99W south of Naeve Street. Currently, these
properties have access only to 99W. Under the plan, the properties
can be developed with access to 99W via the new street with a
signalized intersection at 99W._
b. The Oregon Department of Transportation and Metropolitan Service
District have been notified and have had the opportunity to provide
input.
5[3] Goal 12, Transportation, is met because the City has adopted policies
related to improving the transportation network and continuing coordination
of transportation improvements with other involved agencies. Furthermore,
the Goal is met for reasons discussed in conjunction with Economic
Implementation Strategy 16 and Policy 8.1.1.
The proposal is consistent with the City's acknowledged Comprehensive Plan based
on the following findings:
1. Policy 1.1.1 a. is satisfied because the proposed amendment to the
Comprehensive Plan will not affect compliance of the City's acknowledged
Plan with the Statewide Goals.
2. Policy 2.1.1 is satisfied because Neighborhood Planning organization #6 and
#3 have been notified of the hearing and have commented on the proposal and
a public notice has been published including the date, time and place of
the hearing.
3. Policy 8.1.1 is satisfied because the proposed amendments to the
Comprehensive Plan Transportation Map plan for a safe and efficient street
and roadway system that meets current and future needs. A safe and
efficient transportation is provided because:
A. The proposed amendment provides for current needs and is also planned
to accommodate traffic growth anticipated as a result Of future
development in the area. In developing the plan amendment, the NPO
relied on traffic projections based on full development of the area in
accordance with existing zoning.
b. The plan provides for access to the arterial street system for both
existing and future development. It also provides for circulation
within the neighborhood without using the arterial street system.
c. The plan was coordinated with the Fire District and the Police
Department to assure that the plan provides adequately for emergency
vehicle access routes.
d. The plan eliminates the need for left turns at the existing
intersection of Naeve Street and Highway 99W, thereby reducing the
safety concerns associated with the existing unsignalized
intersection.
e. Other locations were explored in coordination with the Oregon
Department Of Transportation (ODOT) for access from the study area to
99W. The Royalty Parkway connection shown in the plan appears to have
the fewest traffic safety and traffic operations concerns of all
available locations.
f. The plan eliminates the future need for a traffic signal on 99W at
Naeve Street. Reduction in the need for signalized intersections on
99W is consistent with ODOT's standards for improving and protecting
the efficient movement of traffic on 99W as an Access Oregon Highway.
ORDINANCE No. 92-
cL. The plan provides alternative access for commercial properties along
the east side of 99W south of Naeve Street which presently have access
only to 99W. Reduction in the need for direct driveway access to 99W
is consistent with ODOT's standards for improving and protecting the
efficient movement of traffic on 99W as an Access Oregon Highway.
i. The plan reduces the potential for through traffic in existing
residential neighborhoods.
j_ The Transportation Map does not address the schedule for construction
of the various improvements indicated on the map. Implementation will
depend on where and when land development occurs and on the
availability of public funding for capital improvements. Off-site
roadway improvements are considered as part of the development review
process for land development projects and appropriate conditions of
development are ordered for each project. Public review and appeal
processes have been established as part of the development review
process in the City. Priorities for funding of public projects are
established annually by the City Council based on recommendations of
the Budget Committee and the Transportation Advisory Committee.
Findings for a local street connection between 109th and 100th:
k. As future development occurs within the study area, an additional
street connection is needed between 100th Avenue and 109th Avenue to
minimize the traffic impacts on existing east-west residential
streets.
1. The projected traffic volume of the proposed street connection is in
the middle of the range for local streets, as suggested by the
background documents of the Comprehensive Plan (700 vehicle trips per
day projected; range is 0 to 1500 trips per day).
m. The general location shown on the plan is the only location available
using undeveloped properties.
n. To minimize traffic safety and operations concerns along S.W. 100th
Avenue, the City Engineer has recommended that the intersection of the
new street with 100th Avenue be aligned with existing Sattler Street
or, alternatively, that the intersection be located at least 100 feet
from the existing intersection with Sattler Street.
4. Policy 8.1.2 is satisfied because:
a. The Oregon Department Of Transportation and Washington County were
notified of the proposed Comprehensive Plan Transportation Map
Amendment in June 1991. The City received no formal response from
either agency. In original deliberations for a development in the
vicinity, ODOT suggested moving an intersection from near Beef Bend
Road to Royalty Parkway. The Metropolitan Service District was also
notified of the proposed amendment. The director of the Metro
Transportation Department has responded by telephone that Metro is
concerned with issues of regional significance and since this
amendment involves only minor collectors, Metro has no objection.
SECTION 2: The City Council hereby amends the Comprehensive Plan Transportation
Map by 1) designating Naeve Street a local street, 2) establishing a new
extension for 109th Avenue from its current terminus south of Murdock Street to
Pacific Highway; the extension would curve across the south slope of Little Bull
Mountain, crossing Naeve Street west of The Fountains condominiums and meeting
Pacific Highway opposite the existing intersection of Royalty Parkway, 3)
designating 109th Avenue as a minor collector between Canterbury Lane and Pacific
Highway, land] 4) establishing a local (new minor collector) street, to connect
between 100th and 109th Avenues at a location north of Hoodview Drive, and 5) add
Comprehensive Plan Transportation Map Notes #9 and #10 as shown in Exhibit "[Bj
C".
ORDINANCE No. 92-
C
2-
SECTION 3: An emergency is hereby declared to exist inasmuch as it is necessary
for the health, safety and welfare of the City that this ordinance be enacted a
soon as possible; therefore, this ordinance shall become effective upon its
signing by appropriate authority.
PASSED: By vote of all Council members present after
being read by number and title only, this day of
1992.
Catherine Wheatley, City Recorder
APPROVED: This day of , 1992.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
JA/CPA91-02.ORD
ORDINANCE No. 92-
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COUNCIL AGENDA ITEM c~
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 24, 1992 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Renamin of VHarl PREVI OUS ACTION: Street and Toland Street to BeniStreet PREPARED BY: City Engineer
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE HE COUNCIL
Shall Hart Street and Toland Street be renamed to Benish Street?
s
STAFF RECOMMENDATION
Approval of the attached ordinance renaming the streets as requested.
INFORMATION SUMMARY
On February 11, 1992, the City Council received a petition requesting the
renaming of Hart Street and Toland Street to Benish Street. On March 2,
1992, the Planning Commission considered the request and recommended that the
street names be changed as requested in the petition. The attached staff
report provides additional information.
Per state statutes, the Council is required to hold a hearing to consider the
Planning Commission's recommendation.
PROPOSED ALTERNATIVES
1. Approve the attached ordinance renaming the streets.
2. Direct staff to prepare a resolution rejecting the recommendation of the
Planning Commission.
FISCAL NOTES
There will be minor costs involved to revise maps and street name signing.
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 24, 1992 DATE SUBMITTED: 1/14/92
ISSUE/AGENDA TITLE: Vacation of a portion PREVIOUS ACTION: None
of SW Coral Street right-of-way
PREPARED BY: Planning Staff
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Applicant
ISSUE BEF HE COUNCIL
Should the City Council vacate a portio of SW coral Street located east of
the intersection of SW Coral Street and SW Greenburg Road?
STAFF RECOMMENDATION
It is recommended that Council approve the vacation with conditions by
adopting the attached ordinance.
INFORMATION SU104ARY
Council initiated this vacation at a meeting held on January 14, 1992.
Progress Graphics, Inc., petitioner, requests City Council approval to vacate
a portion of the SW Coral Street right-of-way adjacent to property to which
rogress Graphics, Inc. is the vestee. This property is located at the
outheast corner of SW Coral Street and SW Greenburg Road. The applicant
initially requested the vacation of an area of approximately 376 square feet
in size. Upon initial staff review of this request, it was determined that
the applicants request did not accurately reflect that entire portion of the f
right-of-way which the City could vacate. Therefore, the City staff suggests
vacating an altered and larger portion of the public right-of-way of
approximately 752 square feet (Exhibit D). The applicant agrees with the
amended vacation description. Attachments are: A) vicinity map, B1-B5) the
revokable easement which is now in place, C) legal description of area to be
vacated, and D) map of area to be vacated.
All appropriate agencies have been contacted for review of this vacation
request and have offered no objections. Columbia Cable requests that the
City retain a utility easement within the vacated area.
PROPOSED ALTERNATIVES
1. Adopt the attached ordinance approving the vacation proposal.
2. Amend and approve the attached ordinance approving the vacation proposal.
3. Deny the attached ordinance and vacation proposal.
4. Take no action at this time.
- FISCAL NOTES
3111 fees and costs have been or will be paid by the applicant.
MINE
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON 3
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 24, 1992 DATE SUBMITTED: March 4, 1992
ISSUE/AGENDA TITLE: Zoning Ord, amend. PREVIOUS ACTION: Planning Commission
ZOA 92-01 recommendation Feb. 3 1992
PREPARED BY: Dick Bewersdorff
DEPT HEAD OK CITY ADMIN O 47 REQUESTED BY: Ed Murphy
ISS BEFORE THE COUNCIL
Should the City revise its temporary sign requirements to redefine the limits on temporary
signs?
- -
STAFF RECOMMENDATION
It is recommended that the City Council approve the attached ordinance.
INFORMATION SUMMARY
The City receives numerous complaints regarding the tendency for temporary signs to
proliferate in various commercial areas of the city. The City's temporary sign regulations
tend to be difficult to enforce equitably because they are poorly defined, unclear and
conflicting. Uncontrolled and unenforced temporary signs create a visual blight on the
community. As a result, amemdments are being proposed to the temporary sign provisions of
the Development Code (Ch. 18.114.100). The amendments should assist in providing equal
opportunity for each business to utilize temporary signs (one business in a shopping center
can effectively monopolize all of the 70 square feet now allowed), eliminate some of the
clutter caused by the uncontrolled use of temporary signs, clarify the rules, eliminate
administrative cost and simplify enforcement.
The proposed changes include: limiting temporary signs to a period of 30 days (now 60 with
continuous renewal) three times per calendar year; allowing one temporary sign per business
rather than the four now allowed; limiting the area of temporary signs to 24 square feet (now
70 square feet for rigid signs and 30 square feet for each banner and wall sign); requiring
a permit for each temporary sign to allow for better tracking and efficient enforcement
instead of having the first sign permitted without a permit; eliminating: the distinction of
a temporary, rigid, freestanding sign by classifying all temporary signs together;
eliminating the duplication of lawn signs listed twice under 18.114.060; providing for real
estate signs not classified as a lawn sign; providing for an exemption for temporary real
estate lac:*r,. signs from the 10 day removal period; and specifying that temporary signs be
removed 10 days after the election to which they pertain.
Copies of the proposed changes were sent to a subcommittee of the Chamber of Commerce's
Public Affairs Committee. The one response received was positive.
The Planning Commission recommended the attached ordinance. The only change the Commission
made from the staff recommendation to them (attached) was to reduce the size of temporary
signs permitted from 32 square feet to 24 square feet. Staff concurs.
-
PROPOSED ALTERNATIVES
1. Change the Development Code as summarized above.
2. Retain the Code as is and require permits for all tempooary signs.
3. Change the Code to eliminate regulations of temporary signs.
4. Change the Code to prohibit temporary signs.
5. Retain the Code as is except for limiting the square footage of temporary, rigid,
freestandings signs per business rather than per premise.
FISCAL NOTES
There is some potential for minor increased revenue because of the number of temporary signs
without a permit. (Temporary sign fee is now $10 per sign.)
db/Tem6i.SWM
1
MEMORANDUM
CITY OF TIGARD, OREGON
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TO: Planning Commission
FROM: Planning Division
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DATE: January 22, 1992
SUBJECT: Proposed Amendments to Development Code Pertaining to
Temporary Signs
OVERVIEW
Summary: The City receives numerous complaints regarding the
tendency for temporary signs to proliferate in various commercial
areas in the city. The City's temporary sign regulations tend to
be difficult to enforce equitably because they are poorly defined,
unclear and conflicting. Uncontrolled and unenforced temporary
signs create a visual blight on the community. As a result,
amendments are being proposed to the temporary sign provisions of
the Development Code (Ch. 18.114.100). The amendments will assist
in providing equal opportunity for each business to utilize
temporary signs, eliminate some of the clutter caused the
uncontrolled use of temporary signs, eliminate competition for the
70 square feet of temporary, rigid, freestanding shopping center
signage now allowed, clarify the rules, eliminate administrative
cost and simplify enforcement.
Policy Implications: Should the City revise its temporary sign
requirements to redefine the limits on temporary signs?
Financial Impact: There is some minor potentiate for increased
revenue because of the number of uncontrolled, temporary signs with
no permit. (Temporary sign fee is now $10 per sign.) There should
also be a savings due to an increase in the effectiveness of
enforcement.
Recommendation: It is recommended that the Development Code
Chapter 18.114.100 be amended to: limit the number of temporary
signs per business to one with a maximum of 32 square feet of area;
require a permit for all temporary signs; limit temporary sign
permits to be issued for periods no longer than-*30 days and for a
maximum of three periods per calendar year; include all temporary
signs (banners, rigid, wall) to be within the same classification.
ANALYSIS
Background
The City continually receives complaints regarding the
proliferation of temporary signs as wall as its attempts to
equitably enforce the existing regulations.
The code now allows four temporary signs per business, but only 70
square feet of temporary, rigid, freestanding sign space per
premise (shopping centers and multiple business locations). The
first of the four temporary signs is allowed without a permit. All
others are required to apply for a permit. Since temporary signs
can be renewed after 60 days, they become almost "permanent". In
shopping centers and multiple business locations, one business can
monopolize the allowed temporary, rigid, freestanding sign space
(70 square feet allowed) by continually renewing an existing `
permit. They can effectively freeze out other businesses in the
same location from having a temporary rigid sign. This has created
considerable discontent among businesses in the same center when
the city attempts to enforce the temporary rigid sign limitation.
In sign code enforcement, where there are a number of temporary i
rigid signs, the City cannot determine whose sign is the first
"free" temporary sign to be allowed versus those that must be
removed. Enforcement requires clearly defined provisions and
administrative efficiency to be effective.
3
Summary of Proposed Changes
o Limit temporary sign permits to a period of 30 days (now
60) three times per calendar year
o Allow one temporary sign•per business rather than the
four now allowed and the 70 square feet of rigid sign per
premise
o Limit the area of temporary signs to 32 square feet (one-
half a standard 4x8 plywood sheet per face now 70
square feet for rigid signs and 30 square feet for each
banner and wall sign)
o Require a permit for each temporary sign to allow for
better tracking and efficient enforcement instead of
having one sign permitted without a permit
o Eliminate the distinction of a temporary, rigid,
freestanding sign by classifying all temporary signs
together; banners continue to be included
o eliminate the duplication of lawn signs listed
twice under 18.114.060 (Sign Exemptions)
o provide for real estate signs not classified as a lawn
sign
o provide for an exemption for temporary real estate lawn
signs from the 10 day removal period
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o specify that temporary political signs shall be removed
ten days after the election to which they pertain
Alto Taut i yes
1. Change the Development Code as summarized above. This
will increase accountability, simplify the process, limit
temporary signs, and provide an equitable opportunity for
each business to utilize temporary signs.
2. Retain the Code as is and require permits for all
temporary signs. This will improve tracking but will not
eradicate conflict in shopping centers and multiple
business locations.
3. Change the Code to not regulate temporary signs. This
will eliminate enforcement problems but would appear to
am= be counter to the City's efforts to improve aesthetics.
OEM
4. Change the Code to not allow temporary signs. This would
be simple to enforce but may prove difficult for
business.
5. Retain the Code as is except for limiting the square
footage of temporary, rigid, freestanding signs per
business not premises. This would add to the
proliferation of temporary signs and aesthetic problems.
CITY OF TIGARD, OREGON
ORDINANCE NO. 92-
AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE
COMMUNITY DEVELOPMENT CODE PERTAINING TO TEMPORARY SIGNS (CH.
18.114.100); BALLOONS (CH. 18.114.090); SIGN EXEMPTIONS (CH.
18.114.060); AND DEFINITIONS 18.114.015.
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 of Tigard desires to eliminate unclear and
conflicting provisions relative to temporary signs;
WHEREAS, The City of Tigard Planning Commission reviewed the staff
recommendation at a public hearing on February 3, 1992 and voted to
recommend approval of the amendment to the City Council; and
WHEREAS, The City Council held a public hearing on March 24, 1992
to consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The Community Development Code shall be amended as
shown in Exhibit "A". Language to be added in
UNDERLINED. Language to be deleted is shown in
[Brackets].
This ordinance shall be effective 30 days after its passage by
the Council, approval by the Mayor, and posting by the City
Recorder.
PASSED: By vote of all Council members
present after being read by number and title only,
this day of , 1992.
Catherine Wheatley, City Recorder
APPROVED: This day of Al 1991.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 91-
Page 1
°t A
18.114.015 Definitions
52. Temporary sign - any sign, "All board frame, banner, lawn sign,.
or balloon which is not permanently erected or permanently
affixed to any sign structure, sign tower, the ground or
building_ [ and which is not an electrical sign or an
internally illuminated sign or one with changeable message
characteristics:]
[a. Temporary Rigid Sign - a temporary- sign, other than
lawn sign, made of rigid materials such as wood, plywood,
plastic. See Subsection 18.114.100.C;]
[b.]a. Balloon - an inflatable, stationary temporary sign
anchored by some means to a structure or the
ground. Includes simple childrens' balloons, hot
and cold air balloons, blimps and other dirigibles.
See Subsection 18.114.090.C;
[c. ]3i. Banner - a sign made of fabric or other nonrigid
material with no enclosing framework. [See
Subsection 18.114.100.C.5; and]
[d.]c. Lawn Sign - a freestanding sign in residential
zones which is exempt from sign permit requirements
provided the size requirements in Subsection
18.114.060.B.2 can be met.
HEM
18.114.060 Sign Exemptions
A. The following signs and operations shall not require a
sign permit but shall conform to all other applicable
regulations of this chapter and the provision of
Subsection (B) below:
[1. Signs of a temporary nature which meet all of the
following criteria:
[a. There is no more than one temporary sign on
the premises; for each temporary sign in
excess of the one exempted sign a temporary
sign permit shall be required as provided in
Section 18.114.100;]
[b. Wall signs or wall banners which do not exceed
a total of 30 square feet in area in
commercial or industrial zones, or]
1. a. Lawn signs which do not exceed the maximum
allowable area on one premise regardless of
the number of signs as follows:
(i) a total of 12 square feet in single
family residential zones;
(ii) a total of 24 square feet in multi-family
residential zones. [and;]
[c. The temporary sign will be erected for a
period no longer than 60 days;]
2. Signs n6t-oriented or intended to be legible from a
right-of-way, other property, or from the air;
3. Signs inside a building, except for strobe lights
visible from a right-of-way, other property or from
the air;
4. Painted wall decorations;
5. Painted wall highlights;
[6. Lawn signs;]
6. [7.] Signs affected by stipulated judgments to
which the City is a party, entered by
courts of competent jurisdiction;
[o.] Directional signs;
8.[9.] Interior window signs;
NNW.
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9.[10.] Nothing in this title shall prevent the
erection, location or construction of
directional signs on private property
when such signs are solely designed to
direct pedestrians or vehicular traffic
while on the parcel of real property on
which the signs are located. No sign
permit or fee shall be required for such
signs; and
10.[11.] Nothing in this title shall prevent the }
erection, location or construction of
signs on private property where such
erection, construction or location is
required by any law or ordinance, nor
shall any public: ageYicy or utility be
prohibited from erecting signs on private
property when otherwise permitted. No
sign permit or fee shall be required for
such signs.
B. All signs exempt from permit requirements under
Subsection A above shall meet the following requirements:
i
1. The sign shall be erected on private property with
the consent of the lawful possessor of the property
and shall not be placed on utility poles or in the
Am, public right-of-way; and
2. At least one sign shall be permitted per parcel of
land; additional signs on such parcel shall be
spaced at least 50 feet apart in residential zoning
districts and 30 feet apart in nonresidential
zoning districts.
C. Signs exempt from permit requi.rehnents except those
pertaining to the sale of real estate under Subsection
18.114.060.8 shall be removed within 10 days of their
initial display. Temporary political signs shall be
removed within_ 10 days after the election to which they
pertain.
D. The sign permit provisions of this section shall not
apply to repair, maintenance, or change of copy on the
same sign (including, but not limited to the changing of j
a message on a sign specifically designed and permitted
for the use of changeable copy), or unlawfully erected or a
Mai maintained signs. (Ord. 89-06; Ord. 88-20)
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18.114.090
C. Balloons
1. One inflatable stationary balloon or one cluster of
childrens' balloons firmly [tied down] secured
shall be allowed only if all of the following
conditions are satisfied:
a. A City of Tigard sign permit is obtained for
each; a
b. Each owner or legal occupant of property or a
building shall be allowed one balloon per
year;
C. A balloon sign shall be allowed to remain up
for a period of no longer than 10 days per ;y
year;
d. A permit issued for a balloon will serve as
one of the three sign permits allowed per
business in a calendar year.
a
[d.]e. Balloons may be permitted as roof signs
with a City sign permit. s
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[e.]f. The size of a balloon shall not exceed 25
feet in height; and
s
If .]g_ The balloon shall be [tied or mounted]
secured to a structure on the ground and
shall not be allowed to float in the air
higher than 25 feet above the nearest
building roof line.
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18.114.100 Temporary Signs
A. Authorization
1. The Director shall be empowered to authorize
temporary signs not exempted by Section 18.114.060.
The Director shall attach such conditions to the
issuance of a permit for a temporary sign as may be j
necessary to ensure discontinuance of the use of
the sign in accordance with the terms of the
authorization, and to ensure substantial compliance
with the purpose of this title.
B. Issuance Authority
1. The Director may issue temporary sign permits which
shall terminate within [60] 30 days from the date
of issuance; and
2. No permit shall be issued for a period longer than
[60] 30 days, but a permit may be [renewed]
reissued by the Director [upon a showing of good
cause for the continuation of the temporary
permit.] for two additional permit periods (30 days
each) per calendar year.
3. Temporary real estate signs, not classified as lawn
signs, shall be limited to one sign totalling not
more than 32 square feet per street frontage.
Permits may be issued for periods of not longer
than 60 days and may be reissued upon a showing of
good cause.
C. Types and locations of temporary signs shall be as
follows:
1. The total number of temporary signs shall not
exceed [four] one for any [one] use at any one
period of time; such signs are not permitted for
single family and duplex dwellings.
2. The total area of a [freestanding temporary rigid
signs] temporary sign [on one premise] shall not
exceed 24 square feet and no more than 12 square
feet per face; such signs are not permitted for
single family and duplex dwellings. The permitted
area for a banner shall be no more than 24 square
feet per face with the total sign area not to
exceed 24 square feet.
[a. 32 square feet in residential zones; and
b. 70 square feet in all other zones:]
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3. See Subsection 18.114.015.C.52, Temporary Signs, !
for types approved.
1
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4. Mon profit special event banners to be hung across
public right of ways may be permitted by the City
Manager's designee.
[4. Temporary wall signs shall not exceed 30 square
feet in area;]
[5. Banners:
a. Banners may be allowed as temporary signs
provided they meet the dimensional
requirements for temporary wall signs (30
square feet maximum area) and a sign permit
,s
has been granted where required; and]
[6.]4. A balloon as provided in Subsection
18.114.090.C.
D. Location shall be as approved by the Director.
E. Attachment:
1. Temporary signs may not be permanently attached to
the ground, buildings or other structures.
[F. Temporary Sign Summary:
J
LAWN SIGNAGE * TEMPORARY RIGID SIGNS
(exempted) * (with permit)
Total Area Number Spacing * Total Area Number Spacing
Single 12 sq ft No limit 50 ft * 32 sq ft Up to 4 N/A
family
*
Multi- 24 sq ft No limit 50 feet* 32 aq ft Up to 4 N/A
*
Other N/A N/A N/A * 70 sq ft Up to 4 N/A
(Ord. 89-06; Ord. 88-20)]
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